CAvnc^^o  - — 'A tfw'' c c ->  cTe.  _ 

i>  * . 

SPECIAL  ORDINANCES 

OF 

CHICAGO. 

[PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL.] 


VOLUME  I I. 


INCLUDING  ALL  SPECIAL  ORDINANCES  PASSED  BY  THE  CITY 
COUNCIL  PRIOR  TO  AUG.  1,  1898,  AND  ALL  SPECIAL 
ORDINANCES  PASSED  BY  THE  VARIOUS  CITIES, 
VILLAGES  AND  TOWNS  HERETOFORE 
ANNEXED  AND  NOW  A PART 
OF  CHICAGO. 


ARRANGED  AND  COMPILED  UNDER  THE  SUPERVISION  OF 

CHARLES  S.  THORNTON, 


CORPORATION  COUNSEL. 


EDITED  BY 

EDWARD  J.  HILL, 

ASSISTANT  CORPORATION  COUNSEL. 


W.  B.  CONKEY  COMPANY, 
..CHICAGO... 


u 

I 

iSl 

<ii 


c 


0-1 
(U  ' 


3 5X,  07731 

C43os 

V 

V • "2-j 

AUTHORIZATION. 


In  the  City  Council,  May  25,  1896,  the  follow- 
ing order  was  duly  passed: 

Ordered , That  the  Corporation  Counsel  be  and  he  is  here- 
by directed  to  cause  to  be  properly  compiled,  edited  and  pub- 
lished under  his  supervision  as  soon  as  practicable  and  in 
such  manner  that  the  publication  may  be  admissible  in 
evidence  in  court,  all  ordinances  of  the  City  of  Chicago 
which  shall  appear  to  be  in  force  at  the  time  of  such  publi- 
cation, including  all  ordinances  appearing  to  have  any  pres- 
ent force  in  territory  heretofore  annexed  to  the  City  of 
Chicago,  but  passed  by  the  respective  municipal  authori- 
ties having  jurisdiction  over  any  such  territory  prior  to  such 
annexation,  and  that  the  Comptroller  be  and  he  is  hereby 
directed  to  pay  the  expenses  of  the  work  and  of  publication 
out  of  any  moneys  available  for  the  purpose  not  otherwise 
appropriated. 


"iU'J.  11.10 


[IN  EVIDENCE}- 

The  statute  provides  that  when  city  or  village  ordi- 
nances are  printed  in  book  or  pamphlet  form,  purporting 
to  be  published  by  authority  of  the  board  of  trustees  or 
city  council,  such  book  or  pamphlet  shall  be  received  as 
evidence  of  the  passage  and  legal  publication  of  such  ordi- 
nances as  of  the  dates  mentioned  in  such  book  or  pamphlet, 
in  all  courts  and  places  without  further  proof. 

(Rev.  Statutes  Sec.  4,  Chapter  24.  See  Starr  & Cur- 
tis’ Statutes,  2nd  Ed.  pages  718,  719.) 

The  People  ex  rel.  v.  Maxon,  et  al.,  139  111.  306. 

Lindsay  v.  City  of  Chicago,  115  111.  120, 


IV 


Digitized  by  the  Internet  Archive 
in  2016 


» 


https://archive.org/details/specialordinance02chic 


CONTENTS 


SECTION.  PAGE. 

Chap.  I.  Cemeteries l-13a  1-13 

Chap.  II.  Electric  Light,  Heat  and  Power 13-49  14-141 

Chap.  III.  Gas 51-70  142-213 

Chap.  IV.  Parks,  Boulevards  and  Driveways 71-128  214-299 

North 71-84  214-244 

South 85-103  244-272 

West 104-128  272-299 

Chap.  V.  Pipe  Lines 129-136  300-319 

Chap.  VI.  Pneumatic  Tubes 137-138  320-325 

Chap.  VII.  Private  Privileges 139-179  326-364 

Chap.  VIII.  Railroads 180-218  365-435 

Chap.  IX.  Railroads,  Continued. '..  219-239  436-485 

Chap.  X.  Railroads,  Continued 240-303  486-582 

Chap.  X.  Railroads,  Continued 304-378  583-739 

Chap.  XI.  Railroads,  Track  Elevation 379-389  740-846 

Chap.  XII.  Railways,  Elevated 390-412  847-987 

Chap.  XIII.  Street  Railways 414-500  988-1160 

Chap.  XIV.  Street  Railways 501-594  1161-1376 

Chap.  XV.  Street  Railways 595-663  1377-1542 

Chap.  XVI.  Street  Railways 664-704  1543-1689 

Chap.  XVII.  Switch  Tracks,  private 705-850  1670-1842 

Chap.  XVIII.  Telegraph  and  Telephone  Companies. .. . 851-892  1843-1898 


v 


APPENDIX 


SECTION. 

Chap.  XIX.  Cemeteries 893 

Chap.  XX.  Electric  Light,  Heat  and  Power 894-898 

Chap.  XXI.  Parks,  Boulevards  and  Driveways 899-906 

Chap.  XXII.  Private  Privileges 907-916 

Chap.  XXIII.  Railways — Track  Elevation 917-936 

Chap.  XXIV.  Street  Railways 937-944 


PAGE. 

1899 

1900-1913 

1914-1921 

1922-1927 

1928-2171 

2172-2184 


Chap. 


XXV.  Switch  Tracks 


945-951 


2185-2193 


INDEX. 


A 

SECTION. 

Ahlsvvede,  Edward,  Charles  F.  Hart  wig 27 

Alwart,  Frederick  W 705 

American  Development  Co 894 

American  Gas  Engine  Electric  Co 13 

American  Glue  Works 706 

American  Telegraph  and  Telephone  Co 851-852 

American  Zinc  Lead  Co 707 

Armour  & Co 708 

Armour,  Johnathan  0 709 

Arnold,  J.  M 139 

Art  Institute 85 

Ashland  Avenue 105-107 

Ashland  Block  Association 140 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 180-187 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 917 

Atlantic  & Pacific  Telegraph  Co 853 

Auburn  Park  Electric  Light,  Power,  Heat  and  R.  R.  Co.  15 

B 

Bachelle,  Otto  V.,  Electric  Lines  of — 16 

Baldwin,  A.  D 7-10-711 

Baldwin,  A.  D 945 

Baltimore  & Ohio  and  Chicago  Railway  Co 188 

Baltimore  & Ohio  and  Chicago  Railway  Co 189 

Baltimore  & Ohio  Railroad  Co 854 

Baltimore  & Ohio  Telegraph  Co 855 

Baltimore,  Pittsburg  & Chicago  R’y  Co.,  Illinois  division,  190 

Banker’s  & Merchant’s  Telegraph  Co 856 

Barzynski,  John,  & Co 712 

Beach,  James  W.,  pneumatic  tubes 138 

Bell  Telephone  Co 857-858 

Bemis  & Curtis  Malting  Co 713 

Benner,  M.,  & Co 714 

Berry,  Dr.  Chas.  C.,  private  privileges 141 

Bickerdike  Square 899 

Biegler,  Ebertshaeuser  & Findeisen 715 

Bigelow,  Liberty,  Henry  Fuller,  Franklin  Parmelee 429-431a 

Block,  Pollock  & Co 716 


vii 


PAGE. 

68-72 

1672-1674 

1900-1904 

15-17 

1674- 1675 
1844-1847 

1675- 1676 

1676- 1677 

1677- 1678 

327 

244-246 

273-276 

327-328 

366-389 

1929-1959 

1847-1848 

17-20 


20-24 

1678-1680 

2185-2186 

390 

390- 391 
1848 

1848- 1849 

391- 393 

1849- 1850 
1680-1681 

323-325 

1850- 1851 
1681-1682 

1682- 1683 

329 

1914-1915 

1683- 1685 
1042-1050 

1685 


VI 11 


INDEX. 


Blue  Island  Railroad  Co 

Blue  Island  Railway  Co.,  Calumet  & 

Board  of  Trade  Telegraph  Co. 

Bohmann,  Joseph 

Bornheim,  Kimball  8c 

Boulevards,  Parks  and  Driveways 

Boulevards,  Parks  and  Driveways 

Bracksbush,  A.  C.,  & Co 

Brand  & Co 

Brand,  Bullen  & Gund  Co 

Bridgeport  & South  Chicago  R’y  Co 

Bruse,  Charles,  & Co 

Bullen,  A.  F.,  Malting  Co 

Bullen,  George,  & Co 

Burdett  Loomis  Gas  & Electric  Light  Co. 

Burmeller,  Gail  & Unzieker 

Butler,  Lowry 

Byrne,  Gahan  & 


Calumet  & Blue  Island  Railway  Co 

Calumet  & Chicago  Canal  Sc  Dock  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Gas  Co 

Calumet  River  Railway  Co 

Campbell  Park. 

Campbell  Park,  Amendment 

Canal  Street  and  other  streets, exempting  from  railway  uses, 

Canda,  Ferdinand  E 

Carden,  The,  Malting  Co 

Carey,  Thomas 

Cemeteries 

Appendix 

Chebra  Kadisha  Ubikur  Cholim. ...  

Congregation,  Bethel  of  Chicago — 

Congregation,  Temple  Israel 

Graceland  Cemetery 

Graceland  Cemetery. v. 

Rose  Hill  Cemetery 

Scandinavia  Lutheran  Cemetery  Association 

Second  ordinance 

Seminary  of  the  Sacred  Heart 

St.  Henry’s  Cemetery 

Sonnenschein,  Otto 


SECTION. 

PAGE. 

191 

393-394 

193 

396-401 

859 

1851-1853 

907 

1922 

909 

1923 

71-128  . 

214-299 

899-906 

1914-1921 

717 

1685-1686 

718 

1687-1688 

719 

1688-1689 

*191-192 

394-395 

720 

1689-1691 

721 

1691-1692 

722 

1692-1693 

51 

142-144 

758 

1735-1736 

32 

87-89 

757 

1734-1735 

193 

396-401 

723 

1693-1696 

417 

994-998 

420-426* 

1003-1037 

671 

1568 

937 

2172 

52 

144-145 

194-196 

401-406 

108 

276-277 

109 

277 

555' 

1317 

724 

1697 

725-726 

1697-1699 

727 

1699 

l-13a 

1-13 

893 

1899 

1 

1-2 

2 

3 

3 

3 

4 

4-5 

5 

5-6 

6 

6-7 

7 

7-8 

8 

8-9 

9 

9 

10 

9-10 

11 

10-11 

INDEX. 


IX 


Cemeteries — continued. 

Veersema,  Charles 

Sisters  of  the  Poor  Clair 

Sherlock,  James  P 

Central  Park  Avenue  

Ceramic,  Swedish,  Manufacturing  Co. 

Chappell,  Mahla  & 

Chebra  Kadisha  Ubikur  Cholim 

Chicago,  Alton  & St.  Louis  Railroad  Co 

Chicago,  Alton  & St.  Louis  Railroad  Co 

Chicago  Auditorium  Co.,  private  privileges, 

Chicago  & A.  R.  R.  Co.,  Union  Iron  & Steel  Co 

Chicago  & Calumet  Horse  & Dummy  Railroad  Co 

Chicago  & Evanston  Railroad  Co 

Chicago  & Eastern  Illinois  Railroad  Co 

Chicago  & Great  Western  Railroad  Co 

Chicago  & Indiana  State  Line  Railroad  Co 

Chicago  & Illinois  River  Railroad  Co 

Chicago  & Jefferson  Urban  Transit  Co 

Chicago  & Milwaukee  Railroad  Co 

Chicago  & Milwaukee  Telegraph  Co 

Chicago  & Mississippi  Railroad  Co 

Chicago  & Northern  Pacific  Railroad  Co 

Chicago  & Northern  Railroad  Co 

Chicago  & Northwestern  Railway  Co.,  private  privileges. 
Chicago  & Northwestern  Railway  Co.,  private  privileges. 
Chicago  & Northwestern  Railway  Co.,  private  privileges. 
Chicago  & Northwestern  Railway  Co.,  private  privileges. 
Chicago  & Northwestern  Railway  Co.,  and  Chicago,  Mil- 
waukee & St.  Railway  Co 

Chicago  & Northwestern  Railway  Co.,  and  Chicago,  Mil- 
waukee & St.  Paul  Railway  Co 

Chicago  & Pacific  Railroad  Co 

Chicago  & South  Atlantic  Railroad  Co 

Chicago  & Southeastern  Railroad  Co 

Chicago  & Southern  Railroad  Co 

Chicago  & South  Side  Rapid  Transit  Railroad  Co 

Chicago  & Strawn  Railway  Co 

Chicago  & Western  Dummy  Railroad  Co 

Chicago  & Western  Indiana  Railroad  Co 

Chicago  & Western  Indiana  Railroad  Co 

Chicago  & Western  Indiana  Railroad  Co 

Chicago  & West  Ridge  Railroad  Co 

Chicago  Belt  Railway  & Transfer  Co 

Chicago  Bridge  & Iron  Co 

Chicago,  Burlington  & Quincy  Railroad  Co 

Chicago,  Burlington  & Quincy  Railroad  Co 

Chicago  City  Railway  Co 


SECTION- 

PAGE. 

12 

11—12 

13;  893 

12-13;  1899 

•13a 

13 

110 

277-^78 

832 

1818-1819 

798-799 

1778-1780 

1 

1-2 

197 

406-407 

203-204 

413-416 

142 

329-330 

837 

1824-1827 

437 

1061-1062 

251-259 

502-522 

220-222 

440-442 

223-227 

442-453 

233 

465-466 

232 

463-465 

531-533 

1252-1261 

266-268 

529-531 

860 

1853-1854 

199 

408-409 

263-264 

525-527 

265 

527-529 

144 

331 

269-276 

531-542 

379-380 

740-771 

924-925 

2111-2115 

919-922 

2001-2089 

923 

2090-2111 

241-242 

491-493 

292 

561-564 

294-295 

565-563 

181-183 

368-372 

408-409 

959-964 

303 

579-582 

229 

456-459 

304-325c 

583-636 

875-876 

1878-1879 

926 

2115-2119 

326 

637-638 

205 

416-418 

728 

1700-1701 

206-218 

419-435 

918 

1960-2000 

432-522 

1051-1228 

X 


INDEX. 


SECTION. 

Chicago  City  Railway  Co 938 

Chicago  City  Railway  Co.,  and  North  Chicago  Railway  Co.  434 

Chicago  City  Railway  Co.  and  West  Division  Railway  Co.,  414-416 

Chicago  Circle  Railway  Co 219 

Chicago  Dock  & Canal  Co 729-730 

Chicago  Economic  Fuel  Gas  Co 53-J53 

Chicago  Edison  Co 17 

Chicago  Electric  Street  Railway  Co.,  Englewood  and 599-601 

Chicago  Electric  Transit  Co 523-527 

Chicago  Elevated  Terminal  Railway  Co 390 

Chicago,  Evanston  & Lake  Superior  Railroad  Co 260-262 

Chicago  Fuel  & Light  Co 54 

Chicago  Gas  Light  & Coke  Co 55 

Chicago  General  Railway  Co 528-530 

Chicago  General  Railway  Co 939 

Chicago,  Harlem  & Batavia  Railroad  Co 228 

Chicago,  Harlem  & Batavia  Railroad  Co 230-231 

Chicago  Horse  & Dummy  Railway  Co 538-539 

Chicago  Hydraulic  Pressed  Brick  Co 731 

Chicago,  Madison  & Northern  Railroad  Co 234-236 

Chicago  Metropolitan  Theater  Co.,  private  privileges 143 

Chicago,  Millington  & Western  Railway  Co 237-239 

Chicago,  Milwaukee  & St.  Paul  Railway  Co 240 

Chicago,  Milwaukee  & St.  Paul  Railway  Co 243-250 

Chicago,  Milwaukee  & St.  Paul  Railway  Co.,  and  Chicago 

& Northwestern  Railway  Co 919-922 

Chicago,  Milwaukee  & St.  Paul  Railway  Co.  and  Chicago 

& Northwestern  Railway  Co ...  923 

Chicago  Municipal  Gas  Fuel  & Light  Co 56 

Chicago  Municipal  Gas  Fuel  & Light  Co.,  repealed 56b 

Chicago  North  Shore  Street  Railway  Co 534-536 

Chicago  Passenger  Railway  Co 537 

Chicago  Passenger  Railway  Co 540-551 

Chicago  Passenger  Traction  Co 552 

Chicago  Power  Supply  & Smoke  Abating  Co 137 

Chicago  Railway  Transfer  Co 277 

Chicago,  Rock  Island  & Pacific  Railroad  Co x 278-291 

Chicago  Sectional  Electric  Underground  Co.,  (successors  * 

to  Henry  Corwith  and  associates) 18 

Chicago  South  Branch  Canal  Co 293 

Chicago,  St.  Charles,  Mississippi,  Air  Line  Railroad 198 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 296-302 

Chicago  Telephone  Co 861-872 

Chicago  Twin  Wire  Long  Distance  Telephone  Co 873-874 

Chicago  West  Division  Railway  Co 554 

Chicago  West  Division  Railway  Co 561-594 

Christopher  Columbus,  statue  of 101 


PAGE. 

2173 

1057 

989-994 

436-439 

1701-1703 

145-154 

24-28 

1390-1399 

1228-1242 

847-854 

522-524 

154-158 

159 

1242-1251 

2174-2178 

453-456 

459-463 

1276-1278 

1703-1704 

466-479 

330-331 

479-485 

487-491 

493-502 

2001-2089 

2090-2111 

160 

160-161 

1262-1271 

1271-1275 

1279-1309 

1309-1315 

320-323 

542-544 

544—56) 

28-31 

564-565 

407-408 

568-579 

1854-1872 

1872-1878 

1315-1317 

1322-1376 

270 


INDEX. 


XI 


SECTION.  PAGE. 

Cicero  and  Proviso  Street  Railway  Co 595-598  1378-1390 

Citizen’s  Electric  Light  & Power  Co 20  33-37 

City  Press  Association  of  Chicago 877  1880-1881 

Clark,  Jonathan,  private  privileges 145  332 

Clinton  Street 560  1321-1322 

Cochran,  John  Lewis 21  37-41 

Coffeen,  M.  D 732  1705 

Columbus,  Chicago  & Indiana  Central  Railroad  Co 272  538-539 

Commercial  Heat  & Power  Co . . 129-130  300-304 

Commonwealth  Electric  Co 895  1905-1910 

Congdon  Brake  Shoe  Co 733  1706-1707 

Congregation  Beth  El  of  Chicago,  cemetery  of 2 3 

Congregation,  Temple  Israel,  cemetery  of 3 3 

'Consumers  Gas,  Fuel  & Light  Co 57  161-165 

Consumers  Gas  Light  & Fuel  Co 58  165-167 

Consumers  Electric  Light  Co 22  41-46 

Consumers  Electric  Light  Co 896  1910-1911 

Consolidated  Ice  Machine  Co 734  1707-1708 

Consolidated  Rapid  Transit  & Elevated  Railroad  Co 391  854-859 

Co-operative  Electric  Light  Co 23  47-50 

Cooper,  Carl,  Brewing  and  Malting  Co 736  1710-1711 

Corkery,  Daniel 735  1708-1710 

Corper  & Nockin  737  1711-1712 

Corwith,  Henry,  and  Associates,  (successors) 19  31-33 

Cosmopolitan  Electric  Co 24  51-57 

Crane  Co.,  private  privileges 146  332 

Crilly,  William  M 738  1713 

Curtis,  Bemis  & Malting  Co 713  1681-1682 

Cushman  Telephone  & Service  Co 878  1882-1885 

D 

Dalton  and  South  Chicago  Railroad  Co 327  638-639 

Dawson,  Martin,  private  privileges 147  332-333 

Dearborn  Avenue,  water 72  215-217 

Deering,  William 739  1714 

Deering,  William,  & Co 740-741  1714-1717 

De  Puyster  Street 201  411-412 

Des  Plaines  Street,  reclaimed 559  1320-1321 

Detroit  Stove  Works 742-743  1717-1719 

Diversey  Avenue,  water 73  217-223 

Diversey  Street Ill  278-279 

Dock  & Canal  Co.,  Chicago 729-730  1701-1703 

Dolese  & Shepard 744  1719-1720 

Douglas,  William 745  1720-1721 

Dowdle  & McWhirter 746  1721-1723 

Driveways,  Parks  and  Boulevards 71-128  214-299 

Driveways,  Parks  and  Boulewards 899-906  1914-1921 

B 


XU 


INDEX. 


E 

Dunn,  John  J 

Dwen,  James  G „ 

East  Jackson  Street  

Ebertshaeuser  & Fendeisen,  Biegler 

Economic  Electric  Light  and  Gas  Co 

Economic  Fuel  Gas  Co.,  Chicago 

Economic  Light  and  Gas  Co 

Edison  Co.,  Chicago 

Edison  Light  Co.,  Western 

Edgeworth,  Patrick 

Electric  Light,  Heat  and  Power 

Appendix 

American  Gas  Engine  Electric  Co.,  Electric  Plant  . . . 

Agreement  of  said  company  with  city 

Auburn  Park  Electric  Light,  Power,  Heat  andRR  Co., 

Bachelle,  Otto  V.,  Electric  Lines  of 

Chicago  Edison  Co 

Chicago  Sectional  Electric  Underground  Co.,  (success- 
ors to  Henry  Corwith  and  associates) 

Citizens’  Electric  Light  & Power  Co 

Cochran,  John  Lewis,  Electric  Lines 

Amendatory  ordinance 

Extension  of  granted 

Consumers’  Electric  Light  Co 

Extension  of  

Co-operative  Electric  Light  Co 

Cosmopolitan  Electric  Co 

Repeal  of 

Englewood  Electric  Light  Co 

Extension  of 

Fort  Wayne  Jenny  Electric  Light  Co 

Garfield  Electric  Light  Co 

Hartwig,  Charles  F.  and  Ahlswede  Edward,  Electric 

Lines  

Hyde  Park  Electric  Light  and  Power  Co 

Hyde  Park  Thomson-Houston  Light  Co 

Lake  Electric  Lighting  Co 

Lake  View  Electric  Light  Co 

Lowry,  Butler,  Electric  Lines 

Miller,  Robert  C 

Additional  ordinance 

Mutual  Electric  Light  and  Power  Co 

People’s  Electric  Light  & Motor  Power  Co 

Amendment 

People’s  Light  & Power  Co 

Persons,  Fred  R.,  Gas,  Fuel  & Electric  Light  Works, 
Sherman,  John  B.,  and  others,  Electric  Plant 


SECTION. 

747 

PAGE. 

1723 

748 

1724 

86-87 

247-249 

715 

1683-1685 

59 

168-173 

53-J53 

145-154 

60 

173-175 

17 

24-28 

45 

127-130 

749 

1724-1725 

13-49 

14-141 

894-898 

1900-1913 

13 

15-16 

14 

17 

15 

17-20 

16 

20-24 

17 

24-28 

18-19 

28-33 

20 

33-37 

21 

37-40 

21* 

40-41 

21f 

40-41 

22 

41-45 

22* 

45-46 

23 

47-50 

24 

51-56 

24* 

56-57 

25 

57-60 

25* 

60-63 

26 

63-64 

26* 

64-68 

27 

68-72 

28 

72-77 

29 

77-81 

30 

82-83 

31 

83-86 

32 

87-89 

33 

89-90 

33* 

90-91 

34 

91-96 

35 

96-100 

36 

100 

37 

101-103 

38 

103-105 

39 

106-109 

INDEX. 


Xlll 


Electric  Light,  Heat  and  Power — continued.  section.  page. 

Sparr  & Weiss,  Electric  Plant 40  109-111 

Extension  of 40*  111-113 

Suburban  Electric  Light  & Power  Co 41  113-117 

Sun  Electric  Light  Co 42  117-121 

Town  of  Lake  District  Telegraph  & Electric  Co 43  121-124 

Amendatory  ordinance 43a  124-125 

Town  of  Lake  Electric  Light  Co .... . 44  125-127 

United  Telegraph  & Telephone  & Electric  Co. 48  137-139 

Western  Edison  Light  Co 45  127-130 

Extension  of 45a  130-132 

Western  Electric  Co 46  132-133 

Amendment 46*  133 

Western  Light  & Power  Company 47  134-137 

Yondorff,  Charles,  Wires  of 49  140-141 

Electric  Transit  Co.,  Chicago 523-527  1228-1242 

Elevated  Terminal  Railway  Co.,  Chicago 390  847-854 

Englewood  and  Chicago  Electric  Street  Railway  Co 599-601  1390-1399 

Englewood  Electric  Light  Co 25  57-63 

Englewood  Horse  & Dummy  Railroad  Co 445-449  1071-10 

Equitable  Gas  Light  & Fuel  Co 61  176-179 

Equitable  Transportation  Co 392  859-865 

Eugenie  and  LaSalle  Streets,  triangular  plats  at 83  242-243 

Everett,  W.,  & Son 750  1725-1726 

Ewing  Avenue  Horse  Railway  Co 667-668  1556-1559 


F 

Felix  & Marston 

Fendeisen,  Biegler,  Ebertshaeuser  & 

Fern  wood  Park 

Field,  Marshall,  private  privileges 

Fifty-first  Street 

Fish,  Joseph,  private  privileges 

Fitzgerald,  Lawrence  J 

Flynn,  P.  J 

Ford,  J.  S.,  Johnson  & Co 

Ford,  Weaver  & 

Fort  Wayne  Jenny  Electric  Light  Co 

Frerk,  Henry ? 

Fuel  & Light  Co.,  Chicago 

Fuller,  Henry,  Franklin  Parmelee,  Liberty  Bigelow 

Fullerton  Avenue,  North  Park  Avenue  to  North  Clark 

Street 

Fulton,  H.  D 

G 

Gaensslen,  Ward  & 

Gahan  & Byrne 


751 

1726-1723 

715 

1683-1685 

90 

251-252 

148-150 

333-335 

91 

252-253 

151 

335 

752 

1728-1729 

753 

1729-1730 

754 

1730-1732 

844 

1834-1835 

26 

63-64 

755 

1732 

54 

154-158 

429 

1042-1051 

74 

223-224 

755 

1733-1734 

842 

1832 

757 

1734-1735 

XIV 


INDEX. 


SECTION.  PAGE. 

Gail,  Burmeller  & Unzieker . 758  1735-1736 

Galena  & Chicago  Union  Railroad  Co 270  533-537 

Galloway,  James  B 759-760  1737-1739 

Galvin,  James 761  1740 

Garden  City  Sand  Co 762-763  1741-1742 

Garfield  Electric  Light  Co 26*  64-68 

Gas 51-70  142-213 

Burdett  Loomis  Gas  & Electric  Light  Co 51  142-144 

Calumet  Gas  Co 52  144-145 

Chicago  Economic  Fuel  Gas  Co 53  145-150 

Extension  and  amendment 53*  150-151 

Another  ordinance 53f  151-153 

Resolution  declaring  forfeiture 53J  153-154 

Chicago  Fuel  & Light  Co 54  154-158 

Chicago  Gas  Light  & Coke  Co 55  159 

Chicago  Municipal  Gas,  Fuel  & Light  Co 56  160 

Repealed 56b  160-161 

Consumers  Gas,  Fuel  & Light  Co 57  161-165 

Consumers  Gas  Light  & Fuel  Co 58  165-167 

Economic  Electric  Light  & Gas  Co 59  168 

Extension  of  time 59*  168-173 

Economic  Light  & Gas  Co 60  173-175 

Equitable  Gas  Light  & Fuel  Co 61  176-179 

Hyde  Park  Gas  Co 62  180-181 

Extension  of 62a  181-182 

Hyde  Park  Light  & Fuel  Co 63  182-184 

Metropolitan  Gas  Co.  of  Hyde  Park 64  184-185 

Metropolitan  Gas  Co.  of  Hyde  Park 64*  185 

Metropolitan  Gas  Co.  of  Hyde  Park 64J  185-186 

Mutual  Fuel  Gas  Co 65  186-190 

Northwestern  Gas  Works  Co 66  190-194 

Ogden  Gas  Co 67  194-199 

Repealed 67*  199-200 

People’s  Gas  Light  & Coke  Co 68  200-201 

People’s  Gas  Light  & Coke  Co 68*  201-202 

People’s  Gas  Light  & Coke  Co 68|  202-204 

Suburban  Gas  Co 69  204-206 

Universal  Gas  Co 70  206-213 

Gates,  P.  W.,  and  others 764-766  1742-1745 

Geist  Brothers  and  Lyendecker  Brothers  & Matt 767  1745-1746 

General  Electric  Railway  Co 602-605  1399-1412 

General  Electric  Railway  Co 940  2178-2180 

General  Railway  Co.,  Chicago 528-530  1242-1251 

General  Railway  Co.,  Chicago 939  2174-2178 

Glover  & Co 768  1747 

Gottfried,  M 769  1748 

Graceland  Cemetery 4-5  4-6 

Grand  Crossing  & Windsor  Park  Railway  Co 670  1565-1568 


INDEX 


XV 


SECTION. 

Grand  Trunk  Junction  Railway  Co 328 

Granoille  Avenue,  names  of  streets  changed 75 

Grants  to  South  Park  Commissioners 93 

Great  Northern  Theatre  and  Hotel  Co.,  private  privileges.,  152 

Green,  Dr.  G.  W * 908 

Griffin,  T.  A.,  and  others,  private  privileges 153 

Grossman,  Herman  & Co 897 

Gund  Co.,  Brand,  Bullen  & 719 

H 

Hamlin  Avenue 112 

Hamline,  Leo  M 770 

Hanford,  P.  C.,  Oil  Co 771 

Harpold,  Elijah  C.,  and  James  P.  Sayers 782 

Hartwell,  Edwin  S 772 

Hartwell,  E.  S.,  Lumber  Co 946 

Hartwig,  Charles  F.,  and  Edward  Ahlswede,  Electric  Lines.  27 

Hayes,  J.  J 773 

Healy,  Rend  & 820 

Heat  and  Power,  Electric  Light 13-49 

Heat  and  Power,  Electric  Light 894-898 

Hedenberg,  John  W.  and  James  W 774 

Heldrnaier,  Ernst . . 775 

Henrici,  Carl,  private  privileges. . . 154 

Herman  Grossman  & Co 897 

Hodgkins,  Jefferson 776 

Homan  Avenue 902 

Horse  Railway,  in  the  streets  of  south  and  west 553 

Hostetter,  J.  N 777 

Hughes,  George  R.  H 778 

Hyde  Park  Electric  Light  & Power  Co 28 

Hyde  Park  Gas  Co 62 

Hyde  Park  Light  & Fuel  Co 63 

Hyde  Park,  Railway  in 418 

Hyde  Park  Thomson-Houston  Light  Co 29 

Hydraulic  Pressed  Brick  Co.,  Chicago 731 

Hygeia,  Waukesha,  Mineral  Springs  Co 134-136 

1 

Illinois  & Wisconsin  Railroad  Co 344 

Illinois  Central  Railroad  Co 329-339a 

Illinois  Central  Railroad  Co 381 

Illinois  Steel  Co 779 

Illinois  Wire  Nail  Co 780 

Inglehart’s  Subdivision  Lot  One 900-901 

Institute,  Art 85 

Inter  State  Coal  Co 781 


PAGE. 

640-642 

226-227 

254-256 

335-337 

1922-1923 

337-338 

1911-1912 

1688-1689 


279-280 

1748-1749 

1750- 1751 
1763 

1751- 1752 
2186-2187 

68-72 

1752- 1754 
1801-1803 

14-141 

1900-1913 

1754- 1755 

1755- 1756 
338-339 

1911-1912 

1756- 1757 
1917-1918 

1315 

1757- 1758 

1758- 1759 
72-77 

180-182 

182-184 

998-999 

77-81 

1703-1704 

314-319 


682 

642-676 

771-775 

1759- 1760 

1760- 1761 
1915-1916 

244-246 

1761- 1762 


XVi  INDEX. 


J 

SECTION. 

Jackson  Street 113-114 

Jefferson  and  Union  Parks 122 

Johnson  & Co.,  J.  S.  Ford. 754 

Joliet  & Chicago  Railroad  Co 200-202 

Jones  & Laughlin 783 

Junction  Railway  Co % 345-346 

Just,  Paul  C.,  private  privileges 155 

K 

Kedzie  Avenue 115 

Keeley  Brewing  Co.,  private  privileges 156 

Keeley  Brewing  Co.,  private  privileges 784 

Kelly,  Thomas 785 

Kiper,  L.,  & Sons,  private  privileges 157 

Kimball  & Bornheim 909 

Kirk,  Jas.  S.,  & Co.,  private  privileges 158 

Knickerbocker  Ice  Co 786 

L 

Lake  Electric  Lighting  Co 30 

Lake  Front  Park 92 

Lake  Front  Park 94 

Lake  Shore  & Michigan  Southern  Railway  Co 347-354 

Lake  Shore  & Michigan  Southern  Railway  Co 389 

Lake  Shore  & Michigan  Southern  Railway  Co 927-931 

Lake  Street  Elevated  Railway  Co 393-401 

Lake  View  Electiic  Light  Co 31 

Lake  View  Avenue 76 

Lake  Wood  Park 95 

Lane,  P.  E 787 

La  Salle  and  Eugenie  Streets,  triangular  plats  at 83 

Lassig,  Moritz 789 

Laughlin,  Jones  & 783 

Law,  Robert 947 

Leeson,  O’Connor  & 804-805 

Libby,  Jr.,  A.  A 790 

Light,  Electric  Heat  and  Power 13-49 

Light,  Electric,  Heat  and  Power 894-898 

Lines,  Pipe 129-136 

Lowry,  Butler,  Electric  Lines 32 

Lyendecker  Brothers  & Matt  and  Geist  Brothers 767 

Lynch,  Thomas 791 

Lyon,  Thomas  R 792 

M 

MacCulloch,  Ferdinand,  and  others 794-795 

Mahla  & Chappell 798-799 


PAGE. 

280-282 

292 

1730-1732 

409-412 

1763-1764 

682-687 

339-341 


283-284 

341- 342 

1764- 1765 

1765- 1766 

342- 343 
1923 

343- 344 

1766- 1767 


82- 83 
253-254 
256-258 
687-699 
845-846 

2119-2133 

866-921 

83- 86 
228-231 

258 

1767-1768 

243 

1769-1771 

1763-1764 

2187 

1784-1786 

1771 
14-141 

1900-1913 

300-319 

87-89 

1745-1746 

1772 
1773-1774 


1775-1776 

1778-1780 


INDEX. 


XVII 


SECTION.  PAGE. 

Marshal  Field 148-150  333-885 

Marston,  Felix  & 751  1726-1728 

Mayer,  Schlesinger  & 168  354-355 

McAvoy  Brewing  Co.,  private  privileges 159  345 

McCormick  Harvesting  Machine  Co. . . 793  1774-1775 

McDonald,  Michael  C 796  1776-1777 

McDowell,  Vierling,  & Co 841  1830-1832 

McGregor,  William  Co 797  1777-1778 

McWhirter,  Dowdle  & 746  1721-1723 

Metropolitan  City  Railway  Co 606  1412-1415 

Metropolitan  Gas  Co.  of  Hyde  Park 64-64J  184-186 

Metropolitan  West  Side  Elevated  Railroad  Co 402  922-933 

Michigan  Avenue 96-98  259-266 

Miller,  James  A.,  private  privileges 160  346 

Miller,  Robert  C 33  89-90 

Additional  ordinance 33*  90-91 

Milwaukee  & St.  Paul  Railway  Co 788  1768-1769 

Morgan  & Wright,  private  privileges „ 161  347-348 

Moxley,  William  J 800  1781 

Mutual  Electric  Light  & Power  Co 34  91-96 

Mutual  Fuel  Gas  Co 65  186-190 

Mutual  Union  Telegraph  Co 879-884  1885-1891 

N 

National  Transit  Co 131-132  304-311 

Newberry  L.  & Co 801  1782 

New  York,  Chicago  & St.  Louis  Railway  Co 354a-355  699-704 

North  Avenue. . . .~ . • 77  232 

North  Chicago  City  Railway  Co 607-638  1415-1463 

North  Chicago  Railway  Co.,  and  Chicago  City  Railway  Co.  434  1057 

North  Chicago  Electric  Railway  Co 639-640  1461-1474 

North  Chicago  Street  Railroad  Co 641-660  1474-1528 

Northern  Electric  Railway  Co 661  1528-1533 

Northern  Railway  Co 356  704-707 

North  Halsted  Substituted  for  North  Des  Plaines 557  1317-1319 

North  Park  Avenue 78  233-234 

North  Park  Avenue 78a  234-235 

North  Side  Electric  Street  Railway  Co 662-663  1533-1542 

Northwestern  Elevated  Railroad  Co 403-406  933-952 

Northwestern  Elevated  Railroad  Co 932  2133-2134 

Northwestern  Gas  Works  Co 66  190-194 

Northwestern  Leather  Co 802  1782-1783 

Northwestern  Yeast  Co 803  1783-1784 

O 

Oakley  Avenue 120  288-290 

O’Connor  & Leeson 804-805  1784-1786 


XV111 


INDEX. 


Ogden  Gas  Co 

Repealed 

Ogden  Street  Railway^Co 

Ogel,  Van  H " 

P 

Pacific  & Atlantic  Telegraph  Co 

Paepcke,  H & Co 

Paige  Iron  Works 

Park  front  triangular  plat,  north  of  and  at  intersection  of 

North  Clark  Street  with  North  Wells  Street 

Parks,  Boulevards  and  Driveways 

Appendix 

Dearborn  Avenue,  water  

Diversey  Avenue,  water 

Amendment 

Amendment 

Amendment 

Repealed 

Fullerton  Avenue,  North  Park  Avenue  to  North  Clark 

Street 

Fullerton  Avenue,  North  Clark  Street  to  Orchard  Street 

Granville  Avenue,  names  of  streets  changed 

Lake  View  Avenue,  part  granted 

More  granted 

North  Avenue 

North  Park  Avenue...  „ 

North  Park  Avenue 

Pine  Street  from  Pearson  to  Oak 

Pine  Street  from  Chicago  Avenue  to  Ohio 

Ridge  Avenue  from  Homan  Avenue  to  North  City 

limits 

Sheridan  Road,  Northern  Terminus  L.  S.  Drive  to  N. 

59th  Street 

Sheridan  Road,  changing  names  of  streets 

Triangular  plat  north  of  park  front  and  at  intersec- 
tion of  North  Clark  Street  with  North  Wells  Street. 

Triangular  plats  at  Eugenie  and  La  Salle 

Union  Square 

Art  Institute 

East  Jackson  Street 

East  Jackson  Street 

Water  to  be  furnished  by  the  city 

Agreement  of  above 

Fern  wood  Park 

Fifty-first  Street 

Lake  Front  Park 


SECTION. 

PAGE. 

67 

194-199 

67* 

199-200 

664 

1544-1551 

806 

1787 

885 

1891-1892 

807 

1787-1788 

808 

1789-1790 

82 

242 

71-128 

214-299 

899-906 

1914-1921 

72 

215-217 

73 

217 

73a 

217-220 

73b 

220-221 

73c 

221 

73d 

221-223 

74 

223-224 

74* 

225-226 

75 

226-227 

76 

228-230 

76a 

230-231 

77 

232 

78 

233-234 

78a 

234-235 

79 

235-236 

79a 

236-238 

80 

238-239 

81 

239-241 

81* 

241-242 

82 

243 

83 

242-243 

84 

243-244 

85 

244-246 

86 

247-248 

87 

248-249 

88 

249-250 

89 

250 

90 

251-252 

91 

252-253 

92 

253-254 

INDEX. 


XIX 


Parks,  Boulevards  and  Driveways — contmued. 

Grants  to  South  Park  Commissioners 

Control  of  Lake  Front  Park 

Lake  Wood  Park 

Michigan  Avenue 

Michigan  Avenue 

Michigan  Avenue . 

South  Park  Avenue  and  Thirty-second  Street 
South  Park  Avenue  and  Twenty-ninth  Street.. 

Statute  of  Christopher  Columbus 

Washington  Avenue 

Washington  Avenue,  Washington  Heights 

West  Chicago 

Ashland  Avenue 

South  Ashland  Avenue,  Amendment 

Ashland  Avenue 

Campbell  Park 

Amendment 

Central  Park  Avenue 

Diversey  Street 

Hamlin  Avenue 

Jackson  Street 

Jackson  Street 

Kedzie  Avenue 

Polk  Street 

Riverside  Boulevard 

Shedd’s  Park 

Shedd’s  Park 

Oakley  Avenue 

Twelfth  Street  and  Ogden  Avenue 

Union  and  Jefferson  Park 

Vernon  Park 

Warren  Avenue 

Warren  Avenue 

Water  for  the  use  of  the  several  parks 

Water  for  use  in  parks 

West  Washington  Street 

Wicker  Park 

Parmlee,  Franklin,  Henry  Fuller,  Liberty  Bigelow 

Pashley,  John  M.,  private  privileges 

Peacock,  Elijah 

Peck,  F.  W.,  private  privileges 

Peirce,  A.  H.,  Manufacturing  Co 

People’s  Electric  Light  & Motor  Power  Co 

Amendment 

People’s  Gas  Light  & Coke  Co 

People’s  Gas  Light  & Coke  Co 

People’s  Light  & Power  Co 


SECTION. 

PAGE. 

93 

254-256 

94 

256-258 

95 

258 

96 

259-261 

97 

261-263 

98 

264-266 

99 

266-267 

100 

267-270 

101 

270 

102 

270-271 

103 

271-272 

104 

273 

105 

273-274 

106 

274-275 

107 

275-276 

108 

276-277 

109 

277 

110 

277-278 

111 

278-279 

112 

279-280 

113 

280-281 

114 

281-282 

115 

283-284 

116 

284-285 

117 

285-287 

118 

287 

119 

288 

120 

288-290 

121 

290-292 

122 

292 

123 

293 

124 

293-294 

125 

294-295 

71 

214-215 

128 

298-299 

126 

295-297 

127 

297-298 

429-43 lb 

1042-1051 

162 

348-349 

809 

1790-1791 

163 

349 

810 

1792 

35 

96-100 

36 

100 

68 

200-204 

811 

1793 

37 

101-103 

XX 


INDEX. 


SECTION.  PAGE. 

Persons,  Fred  R.,  Gas,  Fuel  and  Electric  Light  Works. . . 38  103-105 

Peter  Schoenhofen  Brewing  Co. . . 821  1803-1805 

Pine  Street  from  Pearson  to  Oak 79  235-236 

Pine  Street  from  Chicago  Avenue  to  Ohio 79a  236-238 

Pipe  Lines 129-136  300-319 

Commercial  Heat  & Power  Co 129  300-303 

Repealed 130  303-304 

National  Transit  Company 131  304-307 

Extension  of 132  307-311 

Sherman,  John  B.,  Irus  Coy  and  others 133  312-314 

Waukesha  Hygeia  Mineral  Springs  Co 134  314-316 

Amendment 135  317 

Extension  of 136  317-319 

Pittsburg,  Cincinnati  & St.  Louis  Railway  Co 357  707-710 

Pittsburg,  Cincinnati  & St.  Louis  R’y  and  other  companies,  385  803-822 

Pittsburg,  Cincinnati  & St.  Louis  R’y  and  other  companies,  812  1793-1795 

Pittsburg,  Cincinnati  & St.  Louis  R’y  and  other  companies,  933  2135-2150 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 358-371  710-731 

Pittsburg,  Ft.  Wayne  & Chicago  Railway  Co 387-387*  837-843 

Plamondon*  A 813-814  1795-1796 

Plamondon,  A.,  Co 815  1796-1797 

Pneumatic  Tubes 137-138  320-325 

Chicago  Power  Supply  and  Smoke  Abating  Co 137  320-323 

James  W.  Beach 138  323-325 

Polk  Street 116  284-285 

Pollock,  Block  & Co 716  1685 

Postal  Telegraph  Co 886-889  1892-1895 

Power,  Heat  and  Electric  Light 13-49  14-141 

Power,  Heat  and  Electric  Light 894-898  1900-1913 

Private  Privileges 139-179  326-364 

Appendix 907-916  1922-1927 

Arnold,  J.  M 139  327 

Ashland  Block  Association 140  327-328 

Berry,  Dr.  Charles  C 141  329 

Bohmann,  Joseph 907  1922 

Chicago  Auditorium  Co 142  329-330 

Chicago  Metropolitan  Theatre  Co 143  330-331 

Chicago  & Northwestern  R’y  Co 144  331 

Clark,  Jonathan 145  332 

Crane  Co 146  332 

Dawson,  Martin 147  332-333 

Field,  Marshall  148  333-334 

Amendment 149  334 

Extension 150  334-335 

Fish,  Joseph 151  335 

Great  Northern  Theatre  & Hotel  Co 152  335-337 

Green,  Dr.  G.  W 908  1922-1923 


INDEX.  xxi 

Private  Privileges — continued.  section.  page. 

^ Griffin,  T.  A.,  and  others 153  337-338 

Henrici,  Carl 154  338-339 

Just,  Paul  C 155  339-341 

Keeley  Brewing  Co 156  341-342 

Keper,  L.,  & Sons. 157  342-343 

Kimball  & Bornheim 909  1923 

Kirk,  Jas.  S.,  & Co 158  343-344 

McAvoy  Brewing  Co 159  345 

Miller,  James  A 160  346 

Morgan  & Wright * 161  347-348 

- Pashley,  John  M 162  348-349 

Peck,  F.  W 163  349 

Produce  Cold  Storage  Exchange. ...  164  349-350 

Rand,  McNally  & Co.,  and  others 165  350-351 

Russel,  Albert 166  351-352 

Sanitary  District  of  Chicago 167  352-353 

Schlesinger  & Mayer 168  354-355 

Schoellkopf,  Henry 169  355-357 

Sears,  Roebuck  & Co 170  357 

Shelby,  Daniel 171  357-358 

Shoenberg,  George  K 910  1923 

Shoenberg.  George  K.,  Estate  of 911  1924 

Strong,  Henry 172  358 

Strong,  Mary  0 912  1924 

Swift,  Edward  F 913  1925 

Thomson  & Taylor,  Spice  Co 173  359 

Tobey&  Booth 174  359 

Viall,  R.  A 179  363-364 

Wahl  Bros - 175  360 

Waller,  E.  C 176  360-361 

Western  Electric  Co 177  361-362 

Westlake,  Charles  E 914  1925-1926 

Wieboldt,  William  A 178  362-363 

Wieboldt,  William  A 915  1926-1927 

Zimmerman,  W.  C 916  1927 

Private  Switch  Tracks 705-850  1670-1842 

Produce  Exchange,  Cold  Storage 164  349-350 

Pullman,  George  M 665  1552-1553 

Pullman  Palace  Car  Co 816  1797-1798 

Purcell,  John 817  1798-1799 

Purdy,  William  H 818  1799-1800 

R 

Railroads 180-378  365-739 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 180  366-368 

Chicago  & Southern  Railroad  Co 181  368-369 

Chicago  & Southern  Railroad  Co 182  369-371 


XXII 


INDEX 


Railroads— continued.  section.  page. 

Chicago  & Southern  Railroad  Co 183  371-372 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 184  372-380 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 185  380-386 

Atchison,  Topeko  & Santa  Fe  Railroad  Co 186  386 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 186*  387 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 187  388-389 

Baltimore  & Ohio  & Chicago  Railway  Co 188  390 

Baltimore  & Ohio  & Chicago  Railway  Co 189  390-391 

Baltimore,  Pittsburg  & Chicago  Railway  Co.,  Illinois 

Division 190  391-393 

Blue  Island  Railroad  Co 191  393-394 

Bridgeport  & South  Chicago  Railway  Co 191*  394-395 

Bridgeport  & South  Chicago  Railroad  Co .....  192  395 

Calumet  & Blue  Island  Railway  Co 193  396-401 

Calumet  River  Railway  Co 194  401-402 

Calumet  River  Railway  Co 195  402-405 

Calumet  River  Railway  Co 196  405-406 

Chicago  & Alton  Railroad  Co 197  406-407 

Chicago,  St.  Charles,  Mississippi,  Air  Line  Railroad. . 198  407-408 

Chicago  & Mississippi  Railroad  Co 199  408-409 

Joliet  & Chicago  Railroad  Co 200  409-411 

Joliet  & Chicago  Railroad  Co.,  De  Puyster  Street 

vacated 201  411-412 

Joliet  & Chicago  Railroad  Co 202  412 

Chicago,  Alton  & St.  Louis  Railway  Co 203  413-414 

Chicago  & Alton  Railway  Co 204  415-416 

Chicago  Belt  Railway  & Transfer  Co 205  416-418 

Chicago,  Burlington  & Quincy  Railroad  Co 206  419-420 

Chicago,  Burlington  & Quincy  Railroad  Co 207  420-421 

Chicago,  Burlington  & Quincy  Railroad  Co 208  421-423 

Chicago,  Burlington  & Quincy  Railroad  Co 209  423-424 

Chicago,  Burlington  & Quincy  Railroad  Co 210  424-425 

Chicago,  Burlington  & Quincy  Railroad  Co 211  425-427 

Chicago,  Burlington  & Quincy  Railroad  Co 212  427-428 

Chicago,  Burlington  & Quincy  Railroad  Co 213  428-429 

Chicago,  Burlington  & Quincy  Railroad  Co 214  429-430 

Chicago,  Burlington  & Quincy  Railroad  Co 215  430 

Chicago,  Burlington  & Quincy  Railroad  Co 216  430-433 

Chicago,  Burlington  & Quincy  Railroad  Co 217  433-434 

Chicago,  Burlington  & Quincy  Railroad  Co 218  434-435 

Chicago  Circle  Railway  Co 219  436—439 

Chicago  & Eastern  Illinois  Railroad  Co 220  440 

Chicago  & Eastern  Illinois  Railroad  Co 221  441 

Chicago  & Eastern  Illinois  Railroad  Co 222  441-442 

Chicago  & Great  Western  Railroad  Co 223  442-446 

Chicago  & Great  Western  Railroad  Co 224  446-448 

Chicago  & Great  Western  Railroad  Co 225  448—450 


INDEX. 


XX111 


Railroads — continued.  section.  page. 

Chicago  & Great  Western  Railroad  Co 226  451 

Chicago  & Great  Western  Railroad  Co 227  451-453 

Chicago  Harlem  & Batavia  Railroad  Co 228  453-456 

Chicago  & Western  Dummy  Railroad  Co 229  456-459 

Chicago,  Harlem  & Batavia  Railroad  Co 230  459-462 

Chicago,  Harlem  & Batavia  Railroad  Co 231  462-463 

Chicago  & Illinois  River  Railroad  Co 232  463-465 

Chicago  & Indiana  State  Line  Railroad  Co 233  465-466 

Chicago,  Madison  & Northern  Railroad  Co 234  466-470 

Chicago,  Madison  & Northern  Railroad  Co 235  470-472 

Chicago,  Madison  & Northern  Railroad  Co 236  472-479 

Chicago,  Millington  & Western  Railway  Co 237  479-481 

Chicago,  Millington  & Western  Railway  Co 238  481 

Chicago,  Millington  & Western  Railway  Co 239  482-485 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 240  487-491 

Chicago  & Pacific  Railroad  Co 241  491-492 

Chicago  & Pacific  Railroad  Co 242  492-493 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 243  493-495 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 244  496-497 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 245  497-498 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 246  498-499 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 247  499 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 248  500-501 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 249  501 

Chicago,  Milwaukee  & St.  Paul  Railroad  Co 250  501-502 

Chicago  & Evanston  Railroad  Co 251  502-504 

Chicago  & Evanston  Railroad  Co 252  504-506 

Chicago  & Evanston  Railroad  Co 253  506-507 

' Chicago  & Evanston  Railroad  Co . 254  507-508 

Chicago  & Evanston  Railroad  Co 255  509-511 

Chicago  & Evanston  Railroad  Co 256  511-513 

Chicago  & Evanston  Railroad  Co # 257  514-520 

Chicago  & Evanston  Railroad  Co 258  521 

Chicago  & Evanston  Railroad  Co 259  521-522 

Chicago,  Evanston  & Lake  Superior  Railroad  Co 260  522-523 

Chicago,  Evanston  & Lake  Superior  Railroad  Co 261  523 

Chicago,  Evanston  & Lake  Superior  Railroad  Co 262  524 

Chicago  & Northern  Pacific  Railroad  Co 263  525-526 

Chicago  & Northern  Pacific  Railroad  Co 263a  526-527 

Chicago  & Northern  Pacific  Railroad  Co 264  527 

Chicago  & Northern  Railroad  Co.  . 265  527-529 

Chicago  & Milwaukee  Railroad  Co 266  529 

Chicago  & Milwaukee  Railroad  Co 267  529-530 

Chicago  & Milwaukee  Railroad  Co 268  530-531 

Chicago  & Northwestern  Railroad  Co 269  531-533 

Galena  & Chicago  Union  Railroad  Co 270  533-537 

Chicago  & Northwestern  Railway  Co 271  537-538 


XXIV 


INDEX. 


Railroads—  continued.  section.  page. 

Columbus,  Chicago  & Indiana  Central  Railroad  Co..  272  538-539 

Chicago  & Northwestern  Railway  Co 273  539-540 

Chicago  & Northwestern  Railway  Co 274  540 

Chicago  & Northwestern  Railway  Co • 275  541 

Chicago  & Northwestern  Railway  Co 276  541-542 

Chicago  Railway  Transfer  Co 277  542-544 

Chicago,  Rock  Island  & Pacific  Railroad  Co 278  544-545 

Chicago  & Rock  Island  Railroad  Co 279  545-547 

Chicago,  Rock  Island  & Pacific  Railway  Co 280  547-549 

Chicago,  Rock  Island  & Pacific  Railway  Co 281  549 

Chicago,  Rock  Island  & Pacific  Railway  Co 282  549-552 

Chicago,  Rock  Island  & Pacific  Railway  Co 283  552-553 

Chicago,  Rock  Island  & Pacific  Railway  Co 284  553-555 

Chicago,  Rock  Island  & Pacific  Railway  Co 285  555-556 

Chicago,  Rock  Island  & Pacific  Railway  Co 286  556 

Chicago,  Rock  Island  & Pacific  Railway  Co 287  556-557 

Chicago,  Rock  Island  & Pacific  Railway  Co 288  557-558 

Chicago,  Rock  Island  & Pacific  Railway  Co 289  558-559 

Chicago,  Rock  Island  & Pacific  Railway  Co  290  560 

Chicago,  Rock  Island  & Pacific  Railway  Co 291  560 

Chicago  & South  Atlantic  Railroad  Co 292  561-564 

Chicago  South  Branch  Canal  Co 293  564-565 

Chicago  & Southeastern  Railroad  Co 294  565-567 

Chicago  & Southeastern  Railroad  Co 295  567-568 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 296  568-572 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 297  572-574 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 298  574-575 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 299  575 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 300  575 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 301  575-577 

Chicago,  St.  Louis  & Pittsburg  Railroad  Co 302  577-579 

Chicago  & Strawn  Railway  Co 303  579-582 

Chicago  & Western  Indiana  Railroad  Co 304  583-584 

Chicago  & Western  Indiana  Railroad  Co 305  584-586 

Chicago  & Western  Indiana  Railroad  Co 306  587-589 

Chicago  & Western  Indiana  Railroad  Co 307  589-593 

Chicago  & Western  Indiana  Railroad  Co 308  593-594 

Chicago  & Western  Indiana  Railroad  Co 309  594-598 

Chicago  & Western  Indiana  Railroad  Co 310  598-602 

Chicago  & Western  Indiana  Railroad.  Co 311  602-604 

Chicago  & Western  Indiana  Railroad  Co 312  605-607 

Chicago  & Western  Indiana  Railroad  Co 313  607-609 

Chicago  & Western  Indiana  Railroad  Co 314  609-610 

Chicago  & Western  Indiana  Railroad  Co 315  610-613 

Chicago  & Western  Indiana  Railroad  Co 316  613-617 

Chicago  & Western  Indiana  Railroad  Co., 317  617-619 

Chicago  & Western  Indiana  (Belt)  Railway  Co 318  619-620 


INDEX.  XXV 

Railroads — continued.  section.  page. 

Chicago  & Western  Indiana  (Belt)  Railway  Co 319  621-622 

Chicago  & Western  Indiana  Railroad  Co. 320  622-624 

Chicago  & Western  Indiana  Railroad  Co 321  624-625 

Chicago  & Western  Indiana  Railroad  Co 322  625 

Chicago  & Western  Indiana  Railroad  Co 323  625-626 

Chicago  & Western  Indiana  Railroad  Co  324  626-628 

Chicago  & Western  Indiana  Railroad  Co 325  628-630 

Chicago  & Western  Indiana  Railroad  Co 325a  630-632 

Chicago  & Western  Indiana  Railroad  Co 325b  632-636 

Chicago  & Western  Indiana  Railroad  Co 325c  636 

Chicago  & West  Ridge  Railroad  Co 326  637-638 

Dalton  & South  Chicago  Railroad  Co 327  638-639 

Grand  Trunk  Junction  Railway  Co 328  640-642 

Illinois  Central  Railroad  Co 329  642 

Illinois  Central  Railroad  Co 330  642-646 

Illinois  Central  Railroad  Co 331  646-647 

Illinois  Central  Railroad  Co 332  647 

Illinois  Central  Railroad  Co 333  648-651 

Illinois  Central  Railroad  Co 334  651 

Illinois  Central  Railroad  Co 334a  651-652 

Illinois  Central  Railroad  Co 335  652-653 

Illinois  Central  Railroad  Co 336  653-654 

Illinois  Central  Railroad  Co 337  654-656 

Illinois  Central  Railroad  Co 338  656-657 

Illinois  Central  Railroad  Co 339  657-666 

Illinois  Central  Railroad  Co 339a  666-676 

South  Chicago  Railroad  Co 340  677-679 

South  Chicago  Railroad  Co 341  679-680 

South  Chicago  Railroad  Co 342  680-681 

South  Chicago  Railroad  Co 343  681-682 

Illinois  & Wisconsin  Railroad  Co 344  682 

Junction  Railway  Co 345  682-686 

Junction  Railway  Co 346  686-687 

Lake  Shore  & Michigan  Southern  Railway  Co 347  687-688 

Lake  Shore  & Michigan  Southern  Railway  Co 348  688-689 

Lake  Shore  & Michigan  Southern  Railway  Co 349  689-693 

Lake  Shore  & Michigan  Southern  Railway  Co 350  693 

Lake  Shore  & Michigan  Southern  Railway  Co 351  694 

Lake  Shore  & Michigan  Southern  Railway  Co 352  694-695 

Lake  Shore  & Michigan  Southern  Railway  Co 353  695-697 

Lake  Shore  & Michigan  Southern  Railway  Co 354  697-699 

New  York,  Chicago  & S^.  Louis  Railway  Co 354a  699-701 

New  York,  Chicago  & St.  Louis  Railway  Co 355  701-704 

Northern  Railway  Co 356  704-707 

Pittsburg,  Cincinnati  & St.  Louis  Railway  Co 357  707-709 

Pittsburg,  Cincinnati  & St.  Louis  Railway  Co 357a  709-710 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 358  710-712 


XXVI 


INDEX. 


Railroads — continued.  section. 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 359 

Fittsburg,  Fort  Wayne  & Chicago  Railroad  Co 360 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 361 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 362 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 363 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 364 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 365 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 366 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 367 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 368 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 369 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 370 

Pittsburg,  Fort  Wayne  & Chicago  Railroad  Co 371 

South  Chicago  & Southern  Railroad  Co 372 

South  Chicago  & Southern  Railroad  Co 372a 

Union  Stock  Yard  & Transit  Co 373 

Union  Stock  Yard  & Transit  Co 374 

Union  Stock  Yard  & Transit  Co 375 

Union  Stock  Yard  & Transit  Co 376 

Union  Stock  Yard  & Transit  Co 377 

Wabash  Railroad  Co 378 

Railroads,  Track  Elevation 379-389 

Appendix 917-936 

Atchison,  Topeka  & Santa  Fe  Railroad  Co 917 

Chicago,  Burlington  & Quincy  Railroad  Co 918 

Chicago,  Milwaukee  & St.  Paul  Railway  Co.  and  Chi- 
cago & Northwestern  Railway  Co 919 

Chicago,  Milwaukee  & St.  Paul  Railway  Co.  and  Chi- 
cago & Northwestern  Railway  Co 920 

Chicago,  Milwaukee  & St.  Paul  Railway  Co.  and  Chi- 
cago & Northwestern  Railway  Co. 921 

Chicago,  Milwaukee  & St.  Paul  Railway  Co.  and  Chi- 
cago & Northwestern  Railway  Co 922 

Chicago  & Northwestern  Railway  Co 379 

Chicago  & Northwestern  Railway  Co 380 

Chicago  & Northwestern  Railway  Co.  and  Chicago, 

Milwaukee  & St.  Paul  Railway  Co 923 

Chicago  & Northwestern  Railway  Co 924 

Chicago  & Northwestern  Railway  Co 925 

Chicago  & Western  Indiana  Railroad  Co 926 

Illinois  Central  Railroad  Co 381 

Lake  Shore  & Michigan  Southern  and  Chicago,  Rock 

Island  & Pacific  Railway  Cos 382 

Lake  Shore  & Michigan  Southern  and  Chicago,  Rock 

Island  & Pacific  Railway  Cos 383 

Lake  Shore  & Michigan  Southern  and  Chicago,  Rock 

Island  & Pacific  Railway  Cos 384 


PAGE. 

712 

713- 714 

714- 716 

716- 717 

717- 719 
720 

720- 721 

721- 722 

722- 723 

723- 724 

724- 725 

725- 730 
730-731 

732- 7 33 

733- 734 
734 

734- 735 
736 

737-738 

738 

739 
740-846 

1928- 2171 

1929- 1959 
1960-2000 

2001-2030 

2031-2033 

2034-2061 

2062-2089 

740-749 

749-771 

2090-2111 

2111-2112 

2113-2115 

2115-2119 

771-775 

775-796 

796- 797 

797- 803 


INDEX, 


XXV11 


Railroads,  Track  Elevation — continued.  section. 

Lake  Shore  & Michigan  Southern  and  Chicago,  Rock 

Island  & Pacific  Railway  Cos 389 

Lake  Shore  & Michigan  Southern  Railway  Co 927 

Lake  Shore  & Michigan  Southern  Railway  Co 928 

Lake  Shore  & Michigan  Southern  Railway  Co 929 

Lake  Shore  & Michigan  Southern  Railway  Co 930 

Lake  Shore  & Michigan  Southern  Railway  Co 931 

Northwestern  Elevated  Railroad  Co • 932 

Pittsburgh,  Cincinnati,  Chicago  & St.  Louis  Railway 

and  other  companies 385 

Pittsburg,  Fort  Wayne  & Chicago  Railway  Co 386 

Pittsburg,  Fort  Wayne  & Chicago  Railway  Co 387 

Pittsburg,  Fort  Wayne  & Chicago  Railway  Co 387* 

Union  Stock  Yard  & Transit  Co 388 

Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 

Co.  and  other  companies 933 

St.  Charles  Air  Line  Railway 934 

St.  Charles  Air  Line  Railway 935 

Union  Elevated  Railway  Co.  and  other  companies 936 

Railways,  Elevated 390-412 

Chicago  Elevated  Terminal  Railway  Co 390 

Consolidated  Rapid  Transit  & Elevated  Railroad  Co.  391 

Equitable  Transportation  Co. . . 392 

Lake  Street  Elevated  Railway  Co 393 

Lake  Street  Elevated  Railway  Co 394 

Lake  Street  Elevated  Railway  Co 395 

Lake  Street  Elevated  Railway  Co 396 

Lake  Street  Elevated  Railway  Co 397 

Lake  Street  Elevated  Railway  Co 398 

Lake  Street  Elevated  Railway  Co 399 

Lake  Street  Elevated  Railway  Co 400 

Lake  Street  Elevated  Railway  Co 401 

Metropolitan  West  Side  Elevated  Railroad  Co 402 

Northwestern  Elevated  Railroad  Co 403 

Northwestern  Elevated  Railroad  Co 404 

Northwestern  Elevated  Railroad  Co 405 

Northwestern  Elevated  Railroad  Co 406 

South  Side  Elevated  Railroad  Co 407 

Chicago  & South  Side  Rapid  Transit  Railroad  Co. . . . 408 

Chicago  & South  Side  Rapid  Transit  Railroad  Co. . . . 409 

Union  Elevated  Railroad  Co 410 

Union  Consolidated  Elevated  Railway  Co 411 

Union  Elevated  Railroad  Company  and  Union  Con- 
solidated Elevated  Railway  Co 412 

Memoranda  of 413 

Rand,  McNally  & Co,  and  others,  private  privileges 165 

Rasmussen,  R 819 

C 


PAGE. 

845-846 

2119-2121 

2121-2124 

2125-2131 

2132 

2132- 2133 

2133- 2134 

803-822 

822-837 

837-842 

842- 843 

843- 845 

2135-2150 

2151-2169 

2169- 2170 

2170- 2171 
847-987 
847-854 
854-859 
859-865 
866-875 
875-886 
886-897 

897- 898 

898- 900 
900-910 
910-911 

911 

912-921 

922-933 

933-944 

944-951 

951 

952 
953-959 
959-963 

963- 964 

964- 972 
972-982 

982-987 

987 

350-351 

1800-1801 


XXV111 


INDEX. 


SECTION.  PAGE. 

Rend  & Healy 820  1801-1803 

Ridge  Avenue,  from  Homan  Avenue  to  north  city  limits..  80  238-239 

Riverside  Boulevard 117  285-287 

Roebuck,  Sears,  & Co 170  357 

Roosma,  Van  Der  Meer  & 839  1828-1829 

Rose  Hill  Cemetery 6 6-7 

Russel,  Albert 166  351-352 

S 

Sanitary  District  of  Chicago,  private  privileges 167  352-353 

Sayers,  James  P.,  Elijah  C.  Harpold  and 782  1763 

Scandinavian  Lutheran  Cemetery  Association.. 7 7-8 

Second  ordinance 8 8-9 

Schlesinger  & Mayer,  private  privileges 168  354-355 

Schoelkopf,  Henry,  private  privileges 169  355-357 

Schoenhofen,  Peter,  Brewing  Co 821  1803-1805 

Seaman,  The  Cox  & Brown  Cooperage  Co 822  1805-1806 

Sears,  Roebuck  & Co.,  private  privileges 170  357 

Seaverns,  George  A 823  1807-1808 

Seminary  of  the  Sacred  Heart,  private  cemetery 9 9 

Shedd’s  Park 118-119  287-288 

Shedd’s  Park 903  1918-1919 

Shelby,  Daniel,  private  privileges 171  357-358 

Shepard,  Dolese  & 744  1719-1720 

Sheridan  Road,  changing  names  of  streets,  etc 81*  241-242 

Sheridan  Road,  northern  terminus,  L.  S.  Drive  to  N.  59th 

Street 81  239-241 

Sherlock,  James  P.,  Cemetery  of 13a  13 

Sherman,  John  B.,  and  others,  Electric  Plant 39  106-109 

Sherman,  John  B.,  and  others,  Electric  Plant 133  312-314 

Shoenberg,  George  K 910  1923 

Shoenberg,  George  K.,  estate  of §11  1924 

Shortall,  John  G 824  1808-1809 

Silver  Creek  & Morris  Coal  Co 825  1809 

Sisters  of  the  Poor  Clair,  Cemetery  of 13  12-13 

Sisters  of  the  Poor  Clair 893  1899 

Snow,  Edgar  M.,  & Co 826  1810-1811 

Sonnenschein,  Otto,  Cemetery  of 11  10-11 

South  Chicago  & Southern  Railroad  Co 372  732-734 

South  Chicago  City  Railway  Co 666-674  1554-1580 

South  Chicago  Railroad  Co 340-343  677-682 

South  Chicago,  Dalton  &,  Railroad  Co 327  638-639 

Southwest  Chicago  Rapid  Transit  Co 676-678  1585-1590 

South  End  Electric  Co 675  1580-1584 

South  Halsted  Street 904  1919 

South  Park  Commissioners,  Grants  to 93  254-256 

South  Park  Avenue 905  1919-1920 


INDEX. 


XXIX 


South  Park  Avenue  and  Thirty-second  Street 

South  Park  Avenue  and  Twenty-ninth  Street 

South  Side  Elevated  Railroad  Co 

Sparr  & Weiss 

Sparr  & Weiss 

St.  Charles  Air  Line  Railway 

St.  Charles,  Mississippi  Air  Line  Railroad,  Chicago 

St.  Henry’s  Cemetery 

Star  Coal  Co 

Statue  of  Christopher  Columbus 

Steele,  George,  and  Isaac  Taylor 

Stevens,  David  A 

Stickney,  Joseph 

Stove  Works,  Detroit 

Street  Railways 

Appendix 

Chicago  City  Railway  Co.,  the  North  Chicago  City 
Railway  Co.,  and  the  Chicago  West  Division  Rail- 
way Co 

Chicago  City  Railway  Co.,  the  North  Chicago  City 
Railway  Co.,  and  the  Chicago  West  Division  Rail- 
way Co 

Chicago  City  Railway  Co.,  the  North  Chicago  City 
Railway  Co.,  and  the  Chicago  West  Division  Rail- 
way Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Hyde  Park,  Railway  in 

Washington  Heights,  Railway  in 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Calumet  Electric  Street  Railway  Co 

Chicago  City  Railway  Co 

Chicago. City  Railway  Co 

Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 
Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 
Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 
Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 
Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  and  North  Chicago  Railway  Co. 


SECTION. 

PAGE. 

99 

266-267 

100 

267-270 

407 

953-959 

40 

109-113 

898 

1912-1913 

934-935 

2151-2170 

198 

407-408 

10 

9-10 

827 

1811-1812 

101 

270 

828 

1812-1813 

829 

1813-1814 

948 

2188-2190 

742-743 

1717-1719 

414-704 

988-1669 

937-944 

2172-2184 

414 

989-992 

415 

992-993 

416 

993-994 

417 

994-998 

937 

2172 

418 

998-999 

419 

999-1003 

420 

1003-1009 

421 

1009-1011 

422 

1011-1016 

423 

1017-1022 

424 

1023-1027 

425 

1028-1035 

426 

1035-1036 

426* 

1036-1037 

427 

1037-1040 

428 

1040-1041 

429 

1042-1045 

430 

1045-1046 

431 

1046-1050 

431a 

1050 

431b 

1050-1051 

432 

1051-1053 

433 

1053-1057 

434 

1057 

XXX 


INDEX. 


Street  Railways — continued.  section.  page. 

Chicago  City  Railway  Co 435  1057-1059 

Chicago  City  Railway  Co 436  1059-1061 

Chicago  & Calumet  Horse  & Dummy  Railroad  Co. . . 437  1061-1062 

Chicago  City  Railway  Co 438  1062 

Chicago  City  Railway  Co 439  1063 

Chicago  City  Railway  Co 440  1063 

Chicago  City  Railway  and  North  Chicago  City  Rail- 
way Co 441  1063 

Chicago  City  Railway  Co 442  1064-1066 

Chicago  City  Railway  Co 443  1066-1067 

Chicago  City  Railway  Co 444  1067-1069 

Chicago  City  Railway  Co 444*  1069-1071 

Englewood  Horse  & Dummy  Railroad  Co 445  1071-1074 

Englewood  Horse  & Dummy  Railroad  Co 446  1074-1075 

Englewood  Horse  & Dummy  Railroad  Co 447  1075 

Englewood  Horse  & Dummy  Railroad  Co 448  1075-1078 

Englewood  Horse  & Dummy  Railroad  Co. 449  1078 

Chicago  City  Railway  Co 450  1078-1080 

Chicago  City  Railway  Co 451  1080-1081 

Chicago  City  Railway  Co 452  1081-1084 

Chicago  City  Railway  Co 453  1084 

Chicago  City  Railway  Co 454  1084-1085 

Chicago  City  Railway  Co 455  1085-1086 

Chicago  City  Railway  Co 456  1086-1087 

Chicago  City  Railway  Co 457  1087-1089 

Chicago  City  Railway  Co 458  1089-1091 

Chicago  & Calumet  Horse  & Dummy  Railroad  Co. . . 459  1091-1092 

Chicago  City  Railway  Co 460  1093-1094 

Chicago  City  Railway  Co 461  1094 

Chicago  City  Railway  Co 462  1095-1097 

Chicago  City  Railway  Co 463  1097-1098 

Chicago  City  Railway  Co 464  1098-1099 

Chicago  City  Railway  Co 465  It  99-1102 

Chicago  City  Railway  Co 466  1102-1103 

Chicago  City  Railway  Co 467  1103-1106 

Chicago  City  Railway  Co 468  1106 

Chicago  City  Railway  Co 469  1106-1107 

Chicago  City  Railway  Co 470  1107-1109 

Chicago  City  Railway  Co 471  1109-1111 

Chicago  City  Railway  Co 472  1111-1113 

Chicago  City  Railway  Co 473  1114-1115 

Chicago  City  Railway  Co 474  1115-1116 

Chicago  City  Railway  Co 475  1116-1118 

Chicago  City  Railway  Co 476  1118-1119 

Chicago  City  Railway  Co 477  1120-1121 

Chicago  City  Railway  Co 478  1122 

Chicago  City  Railway  Co 479  1122-1124 


INDEX. 


XXXI 


Street  Railways — continued . 

Chicago  City  Railway  Co.. .. 
Chicago  City  Railway  Co — 
Chicago  City  Railway  Co. . . . 
Chicago  City  Railway  Co — 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co.. . . 
Chicago  City  Railway  Co — 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co.. . . 
Chicago  City  Railway  Co..  . 
Chicago  City  Railway  Co — 
Chicago  City  Railway  Co. . . , 
Chicago  City  Railway  Co.. . . 
Chicago  City  Railway  Co — 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co — 
Chicago  City  Railway  Co..  . . 
Chicago  City  Railway  Co..  . . 
Chicago  City  Railway  Co.. . , 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co.. .. 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co — 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co.. . . 
Chicago  City  Railway  Co.. . . 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co 

Chicago  City  Railway  Co.. . . 
Chicago  Electric  Transit  Co. 
Chicago  Electric  Transit  Co. 
Chicago  Electric  Transit  Co. 


SECTION. 

PAGE. 

480 

1124-1127 

481 

1128 

482 

1128-1129 

483 

1129 

484 

1129-1132 

485 

1132-1133 

486 

1134-1135 

487 

1135 

488 

1135 

489 

1136 

490 

1136-1137 

491 

1137-1140 

492 

1140 

493 

1140-1142 

494 

1142-1143 

495 

1143-1147 

496 

1147-1149 

497 

1149-1151 

498 

1152-1154 

499 

1154-1156 

500 

1157-1160 

501 

1162-1163 

502 

1163-1165 

503 

1165-1168 

504 

1168-1171 

505 

1171-1174 

506 

1174-1175 

507 

1175-1179 

508 

1179-1184 

509 

1185-1189 

510 

1189-1190 

511 

1190-1194 

512 

1194-1198 

513 

1199 

514 

1199-1204 

515 

1204-1205 

516 

1205-1209 

517 

1209-1210 

518 

121C-1214 

519 

1214-1216 

520 

1216-1221 

521 

1221-1226 

522 

1226-1228 

938 

2173 

523 

1228-1233 

524 

1233-1234 

525 

1234 

XXX11 


INDEX. 


Street  Railways — continued.  section. 

Chicago  Electric  Transit  Co.  526 

Chicago  Electric  Transit  Co 527 

Chicago  General  Railway  Co 528 

Chicago  General  Railway  Co 529 

Chicago  General  Railway  Co 530 

Chicago  General  Railway  Co 939 

Chicago  & Jefferson  Urban  Transit  Co 531 

Chicago  & Jefferson  Urban  Transit  Co 532 

Chicago  & Jefferson  Urban  Transit  Co 533 

Chicago  North  Shore  Street  Railway  Co 534 

Chicago  North  Shore  Street  Railway  Co 535 

Chicago  North  Shore  Street  Railway  Co 535a 

Chicago  North  Shore  Street  Railway  Co r 536 

Chicago  Passenger  Railway  Co 537 

Chicago  Horse  & Dummy  Railway  Co 538 

Amendment  to 539 

Chicago  Passenger  Railway  Co 540 

Chicago  Passenger  Railway  Co 541 

Chicago  Passenger  Railway  Co 542 

Chicago  Passenger  Railway  Co 543 

Chicago  Passenger  Railway  Co 544 

Chicago  Passenger  Railway  Co 545 

Chicago  Passenger  Railway  Co 546 

Chicago  Passenger  Railway  Co 547 

Chicago  Passenger  Railway  Co 548 

Chicago  Passenger  Railway  Co 549 

Chicago  Passenger  Railway  Co 550 

Chicago  Passenger  Railway  Co 551 

Chicago  Passenger  Traction  Co 552 

Horse  Railway  in  the  Streets  of  South  and  West  . . . 553 

Chicago  West  Division  Railway  Co 554 

Exempting  Canal  Streets  and  other  streets  from 

railway  uses 555 

Preservation  of  certain  streets  from  railway  uses.. . 556 

North  Halsted  substituted  for  North  Desplaines 557 

Temporary  Tracks  on  Clinton  Street 558 

Desplaines  Street,  reclaimed 559 

Clinton  Street 560 

Chicago  West  Division  Railway  Co 561 

Chicago  West  Division  Railway  Co 562 

Chicago  West  Division  Railway  Co 563 

Chicago  West  Division  Railway  Co 564 

Chicago  West  Division  Railway  Co 565 

An  ordinance  amending  an  ordinance  of  August 

9th,  1897,  concerning  a horse  railway  on  Indiana  St.  565a 

Chicago  West  Division  Railway  Co 566 

Chicago  West  Division  Railway  Co 567 


PAGE. 

1235-1238 

1238-1242 

1242-1247 

1247-1250 

1250-1251 

2174-2178 

1252-1257 

1257- 1258 

1258- 1261 
1262-1266 

1266- 1267 

1267- 1270 

1270- 1271 

1271- 1275 
1276-1278 

1278 

1279-1281 

1281-1284 

1284-1287 

1287-1289 

1290-1292 

1293 

1293- 1294 

1294- 1297 
1297-1300 

t 1300-1302 
' 1302-1305 
1305-1309 
1309-1315 
1315 
1315-1317 

1317 

1317 

1317-1319 

1319- 1320 

1320- 1321 

1321- 1322 

1322- 1325 

1325- 1326 

1326- 1327 

1327- 1330 

1331- 1332 

1332- 1333 

1333- 1335 
1335-1337 


INDEX. 


XXX111 


Street  Railways — contmued. 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Chicago  West  Division  Railway  Co 

Cicero  & Proviso  Street  Railway  Co.. 

Cicero  & Proviso  Street  Railway  Co 

Cicero  & Proviso  Street  Railway  Co 

Cicero  & Proviso  Street  Railway  Co 

Englewood  & Chicago  Electric  Street  Railway  Co. . . . 

Englewood  & Chicago  Electric  Street  Railway  Co 

Englewood  & Chicago  Electric  Street  Railway  Co. . . . 

General  Electric  Railway  Co 

General  Electric  Railway  Co 

General  Electric  Railway  Co 

General  Electric  Railway  Co 

General  Electric  Railway  Co 

Metropolitan  City  Railway  Co 

North  Chicago  City  Railway  Co 

Amendment  to 

North  Chicago  City  Railway  Co.,  grant  extended 

Amendment  to 

North  Chicago  City  Railway  Co 

North  Chicago  City  Railway  Co 

North  Chicago  City  Railway  Co 


ECTION. 

PAGE. 

568 

1337-1339 

569 

1339-1340 

570 

1340 

571 

1341-1343 

572 

1343-1345 

573 

1345-1346 

574 

1346-1347 

575 

1347-1350 

576 

1350-1351 

577 

1351-1352 

-78 

1352-1353 

579 

1353-1355 

580 

1355-1357 

581 

1357-1360 

582 

1360-1361 

583 

1362 

584 

1362-1363 

585 

1363-1364 

586 

1365-1366 

587 

1366-1368 

588 

1368 

589 

1368-1370 

590 

1370 

591 

1370-1372 

592 

1372-1374 

593 

1375-1376 

594 

1376 

595 

1378-1380 

596 

1380-1383 

597 

1383-1386 

598 

1386-1390 

599 

1390-1397 

600 

1397-1398 

601 

1398-1399 

602 

1399-1402 

603 

1402-1408 

604 

1408-1411 

605 

1411-1412 

940 

2178-2180 

606 

1412-1415 

607 

1415-1418 

607a 

1418-1419 

607b 

1419 

607c 

1419-1420 

608 

1420 

609 

1420-1421 

610 

1421-1422 

XXxiv  INDEX. 

Street  Railways — continued.  section. 

North  Chicago  City  Railway  Co... 611 

North  Chicago  City  Railway  Co,.., _ 612 

North  Chicago  City  Railway  Co 613 

North  Chicago  City  Railway  Co 614 

North  Chicago  City  Railway  Co 615 

North  Chicago  City  Railway  Co 616 

North  Chicago  City  Railway  Co 617 

North  Chicago  City  Railway  Co 618 

North  Chicago  City  Railway  Co 619 

North  Chicago  City  Railway  Co 620 

North  Chicago  City  Railway  Co 621 

North  Chicago  City  Railway  Co 622 

North  Chicago  City  Railway  Co 623 

North  Chicago  City  Railway  Co 624 

North  Chicago  City  Railway  Co 625 

North  Chicago  City  Railway  Co 626 

North  Chicago  City  Railway  Co 627 

North  Chicago  City  Railway  Co 628 

North  Chicago  City  Railway  Co 629 

North  Chicago  City  Railway  Co 630 

North  Chicago  City  Railway  Co 631 

North  Chicago  City  Railway  Co 632 

North  Chicago  City  Railway  Co 633 

North  Chicago  City  Railway  Co 634 

North  Chicago  City  Railway  Co 635 

North  Chicago  City  Railway  Co 636 

North  Chicago  City  Railway  Co 637 

North  Chicago  City  Railway  Co 638 

North  Chicago  Electric  Railway  Co 639 

North  Chicago  Electric  Railway  Co 640 

North  Chicago  Street  Railroad  Co 641 

North  Chicago  Street  Railroad  Co 641a 

North  Chicago  Street  Railroad  Co. 641b 

North  Chicago  Street  Railroad  Co 641c 

North  Chicago  Street  Railroad  Co 642 

North  Chicago  Street  Railroad  Co 643 

North  Chicago  Street  Railroad  Co 644 

North  Chicago  Street  Railroad  Co 645 

North  Chicago  Street  Railroad  Co 646 

North  Chicago  Street  Railroad  Co 647 

North  Chicago  Street  Railroad  Co 648 

North  Chicago  Street  Railroad  Co 649 

North  Chicago  Street  Railroad  Co 650 

North  Chicago  Street  Railroad  Co 651 

North  Chicago  Street  Railroad  Co 652 

North  Chicago  Street  Railroad  Co . 652a 

North  Chicago  Street  Railroad  Co 652b 


PAGE. 

1422-1424 

1425- 1426 

1426- 1427 

1427- 1430 
1430-1433 

1433 

1433 

1433-1435 

1435- 1436 
1436 

1436- 1437 

1437- 1438 

1438- 1439 
1440 

1440-1441 

1442- 1443 

1443- 1445 
1445-1447 

1447- 1448 

1448- 1449 

1450- 1451 

1451- 1452 

1452- 1453 

1453- 1454 

1454- 1456 
1456-1459 
1459-1461 
1461-1463 
1464-1469 
1470-1474 
1474-1479 

1479- 1480 
1480 

1480- 1481 

1481- 1484 

1484- 1485 

1485- 1491 

1491- 1492 

1492- 1495 
1495 

1495-1498 

1498-1500 

1500-1503 

1504 

1504-1507 

1507-1508 

1508 


INDEX. 


XXXV 


Street  Railways — continued.  section. 

North  Chicago  Street  Railroad  Co 653 

North  Chicago  Street  Railroad  Co 654 

North  Chicago  Street  Railroad  Co 654 

North  Chicago  Street  Railroad  Co 655 

North  Chicago  Street  Railroad  Co 656 

North  Chicago  Street  Railroad  Co 657 

North  Chicago  Street  Railroad  Co 658 

North  Chicago  Street  Railroad  Co 659 

North  Chicago  Street  Railroad  Co 660 

Northern  Electric  Railway  Co 661 

North  Side  Electric  Street  Railway  Co 662 

North  Side  Electric  Street  Railway  Co 663 

Ogden  Street  Railway  Co 664 

Pullman,  George  M 665 

South  Chicago  City  Railway  Co 666 

Ewing  Avenue  Horse  Railway  Co 667 

Ewing  Avenue  Horse  Railway  Co 668 

South  Chicago  City  Railway  Co 669 

Grand  Crossing  & Windsor  Park  Railway  Co 670 

Calumet  Electric  Street  Railway  Co.  and  South 

Chicago  City  Railway  Co 671 

South  Chicago  City  Railway  Co 672 

South  Chicago  City  Railway  Co 673 

South  Chicago  City  Railway  Co 674 

South  End  Electric  Co 675 

Southwest  Chicago  Rapid  Transit  Co 676 

Southwest  Chicago  Rapid  Transit  Co 677 

Southwest  Chicago  Rapid  Transit  Co . 678 

Suburban  Railroad  Co 941 

Suburban  Railroad  Co 942 

Suburban  Railroad  Co 943 

West  Chicago  Street  Railway  Co , . 679 

West  Chicago  Street  Railway  Co 680 

West  Chicago  Street  Railway  Co 681 

West  Chicago  Street  Railway  Co 682 

West  Chicago  Street  Railway  Co 683 

West  Chicago  Street  Railway  Co 684 

West  Chicago  Street  Railway  Co 685 

West  Chicago  Street  Railway  Co 686 

West  Chicago  Street  Railway  Co 687 

West  Chicago  Street  Railway  Co 688 

West  Chicago  Street  Railway  Co 689 

West  Chicago  Street  Railway  Co 690 

West  Chicago  Street  Railway  Co 691 

West  Chicago  Street  Railway  Co 692 

West  Chicago  Street  Railway  Co 693 

West  Chicago  Street  Railway  Co 694 


PAGE. 

1508 

1508-1512 

1512 

1513-1516 

1516-1518 

1518-1523 

1523- 1524 

1524- 1525 

1525- 1528 
1528-1533 
1533-1540 
1540-1542 
1544-1551 
1552-1553 
1554-1556 

1556 

1557-1559 

1559-1565 

1565-1568 

1568 

1569-1574 

1574-1578 

1578-1580 

1580-1584 

1585-1587 

1587- 1588 

1588- 1590 
2180-2182 

2182- 2183 

2183- 2184 
1590-1593 

1593 

1594 

1594- 1595 

1595- 1599 
1599-1603 
1603-1607 

1607- 1608 

1608- 1610 
1610-1615 

1615- 1616 

1616- 1619 
1619-1623 
1623-1626 
1626-1630 

1630 


XXXVI 


INDEX. 


Street  Railways — continued.  section. 

West  Chicago  Street  Railway  Co 695 

West  Chicago  Street  Railway  Co 695a 

West  Chicago  Street  Railway  Co 695b 

West  Chicago  Street  Railway  Co 695c 

West  Chicago  Street  Railway  Co 696 

West  Chicago  Street  Railway  Co 697 

West  Chicago  Street  Railway  Co 698 

West  Chicago  Street  Railway  Co 699 

West  Chicago  Street  Railway  Co 709 

West  Chicago  Street  Railway  Co 701 

West  Chicago  Street  Railway  Co 702 

West  Chicago  Street  Railway  Co 703 

West  Chicago  Street  Railway  Co 704 

West  Chicago  Street  Railway  Co 944 

Street’s  Stable  Car  Line 830 

Streets,  preservation  of  certain  from  railway  uses 556 

Strong,  Henry,  private  privileges 172 

Strong,  Mary  0 912 

Suburban  Electric  Light  & Power  Co 41 

Suburban  Gas  Co 69 

Suburban  Railroad  Co 941-943 

Sun  Electric  Light  Co 42 

Susmilich  Brothers 831 

Swedish  Ceramic  Manufacturing  Co 832 

Swift,  Edward  F 913 

Switch  Tracks 705-850 

Appendix 945-951 

Alwart,  Frederick  W 705 

American  Glue  Works 706 

American  Zinc  Lead  Co 707 

Armour  & Co 708 

Armour,  Jonathan  O 709 

Baldwin,  A.  D 710 

Baldwin,  A.  D 711 

Baldwin,  A.  D 945 

Barzynski,  John,  & Co 712 

Bemis  & Curtis  Malting  Co 713 

Benner,  M.,  & Co 714 

Biegler,  Ebertshaeuser  & Findeisen 715 

Block,  Pollock  & Co 716 

Bracksbush,  A.  C.,  & Co 717 

Brand  & Co 718 

Brand,  Bullen  & Gund  Co 719 

Bruse,  Charles,  & Co 720 

Bullen,  A.  F.,  Malting  Co 721 

Bullen,  George,  & Co 722 

Calumet  & Chicago  Canal  & Dock  Co 723 


PAGE. 

1631 

1631-1635 

1635 

1635- 1636 

1636- 1642 
1642-1645 
1645-1649 
1649-1655 
1655-1658 
1658-1661 
1661-1666 

1666 

1666-1669 

2184 

1814-1817 

1317 

358 

1924 
113-117 
204-206 

2180-2183 

117-121 

1818 

1818-1819 

1925 
1670-1842 
2185-2193 
1672-1674 

1674- 1675 

1675- 1676 

1676- 1677 

1677- 1678 

1678- 1679 

1679- 1680 
2185-2186 

1680- 1681 
1681-1682 

1682- 1683 

1683- 1685 
1685 

1685-1686 

1687- 1688 

1688- 1689 

1689- 1691 

1691- 1692 

1692- 1693 

1693- 1696 


INDEX. 


XXXV11 


Switch  Tracks — continued. 

Canda,  Ferdinand  E 

Carden  Malting  Co.,  The 

Carden  Malting  Co.,  The 

Carey,  Thomas 

Chicago  Bridge  & Iron  Co 

Chicago  Dock  & Canal  Co 

Chicago  Dock  & Canal  Co 

Chicago  Hydraulic  Pressed  Brick  Co 

Coffeen,  M.  D . r 

Congdon  Brake  Shoe  Co 

Consolidated  Ice  Machine  Co.. 

Corkery,  Daniel 

Carl  Corper  Brewing  & Malting  Co 

Corper  & Nockin 

Crilly,  William  M 

Deering,  William , 

Deering,  William,  & Co 

Deering,  William,  & Co 

Detroit  Stove  Works 

Detroit  Stove  Works 

Dolese  & Shepard 

Douglas,  William 

Dowdle  & McWhirter 

Dunn,  John  J 

Dwen,  James  G 

Edgeworth,  Patrick 

Everett,  W.,  & Son 

Felix  & Marston 

Fitzgerald,  Lawrence 

Flynn,  P.  J 

Ford,  J.  S.,  Johnson  & Co 

Frerk,  Henry 

Fulton,  H.  D 

Gahan  & Byrne 

Gail,  Burmiller  & Unzieker 

Galloway,  James  B 

Galloway,  James  B 

Galvin,  James 

Garden  City  Sand  Co 

Garden  City  Sand  Co 

Gates,  P.  W.,  and  others 

Gates,  P.  W.,  and  P.,  Ft.  W.  & C.  R.  R.  Co 

Cates,  P.  W.  and  others 

Geist  Bros,  and  Lyendecker  Bros.  & Matt 

Glover  & Co 

Gottfried,  M 

Hamline,  Leo  M 


SECTION. 

PAGE. 

724 

1697 

725 

1697-1698 

726 

1698-1699 

727 

1699 

728 

1700-1701 

729 

1701-1702 

730 

1702-1703 

731 

1703-1704 

732 

1705 

733 

1706-1707 

734 

1707-1708 

735 

1708-1710 

736 

1710-1711 

737 

1711-1712 

738 

1713 

739 

1714 

740 

1714-1715 

741 

1715-1717 

742 

1717-1718 

743 

1718-1719 

744 

1719-1720 

745 

1720-1721 

746 

1721-1723 

747 

1723 

748 

1724 

749 

1724-1725 

750 

1725-1726 

751 

1726-1728 

752 

1728-1729 

753 

1729-1730 

754 

1730-1732 

755 

1732 

756 

1733-1734 

757 

1734-1735 

758 

1735-1736 

759 

1737-1739 

760 

1739 

761 

1740-1741 

762 

1741 

763 

1742 

764 

1742-1743 

765 

1743-1744 

766 

1744-1745 

767 

1745-1746 

768 

1747 

769 

1748 

770 

1748-1749 

V 


xxxviii  INDEX. 

Switch  Tracks — continued.  section. 

Hanford,  P.  C.,  Oil  Co 771 

Hartwell,  Edwin  S 772 

Hartwell,  E.  S.,  Lumber  Co 946 

Hayes,  J.  J 773 

Hedenberg,  John  W.,  and  James  W 774 

Heldmaier,  Ernst 775 

Hodgkins,  Jefferson 776 

Hostetter,  J.  N 777 

Hughes,  George  R.  H 778 

Illinois  Steel  Co 779 

Illinois  Wire  Nail  Co 780 

Inter-State  Coal  Co 781 

Harpold,  Elijah  C.,  and  James  P.  Sayers 782 

Jones  & Laughlin 783 

Keeley  Brewing  Co 784 

Kelly,  Thomas 785 

Knickerbocker  Ice  Co 786 

Lane,  P.  E 787 

Law,  Robert 947 

Lassig,  Moritz 789 

Libby,  Jr.,  A.  A 790 

Lynch,  Thomas 791 

Lyon,  Thomas  R 792 

McCormick  Harvesting  Machine  Co 793 

MacCullock,  Ferdinand,  and  others 794 

MacCullock,  Ferdinand,  and  others 795 

McDonald,  Michael  C 796 

McGregor,  William,  Co 797 

Mahla  & Chappell 798 

Mahla  & Chappell 799 

Milwaukee  & St.  Paul  Railway  Co 788 

Moxley,  William  J 800 

Newberry,  L.,  & Co 801 

Northwestern  Leather  Co 802 

Northwestern  Yeast  Co 803 

O’Connor  & Leeson 804 

O’Connor  & Leeson 805 

Ogel,  Van  N 806 

Paepcke,  H.,  & Co 807 

Paige  Iron  Works 808 

Peacock,  Elijah 809 

Peirce,  A.  H.,  Manufacturing  Co 810 

People’s  Gas  Light  & Coke  Co 811 

Pittsburg,  Cincinnati,  Chicago  & St.  Louis  R’y  Co 812 

Plamondon,  A 813 

Plamondon,  A 814 

Plamondon,  A.,  Co 815 


PAGE. 

1750- 1751 

1751- 1752 
2186 

1752- 1754 

1754- 1755 

1755- 1756 

1756- 1757 

1757- 1758 

1758- 1759 

1759- 1760 

1760- 1761 

1761- 1762 
1763 

1763- 1764 

1764- 1765 

1765- 1766 

1766- 1767 

1767- 1768 
2187 

1769-1771 

1771 

1772 

1773- 1774 

1774- 1775 

1775- 1776 
1776 

1776- 1777 

1777- 1778 

1778- 1779 

1779- 1780 

1768- 1769 

1781 

1782 

1782- 1783 

1783- 1784 

1784- 1786 

1786 

1787 
1787-1788 

1789- 1790 

1790- 1791 

1792 

1793 
1793-1795 

1795- 1796 
1796 

1796- 1797 


INDEX. 


Switch  Tracks — continued. 

Pullman  Palace  Car  Co 

Purcell,  John 

Purdy,  William  H 

Rasmussen,  R 

Rend  & Healy 

Schoenhoefen,  Peter,  Brewing  Co 

Seaman,  The  Cox  & Brown  Cooperage  Co. . . . 

Seaverns,  George  A 

Shortall,  John  G 

Silver  Creek  & Morris  Coal  Co 

Snow,  Edgar  M.  & Co 

Star  Coal  Co 

Steele,  George  and  Isaac  Taylor 

Stevens,  David  A 

Stickney,  Joseph 

Street’s  Stable  Car  Line 

Susmilich  Brothers 

Swedish  Ceramic  Manufacturing  Co 

Tosetti  Ernst  Brewing  Co 

Tucker,  Wm.  F 

Tucker  Track 

Tudor  Buggy  Co 

Union  Iron  & Steel  Co.  and  C.  & A.  R.  R.  Co 

Union  Planing  Mill  Co 

Van  Der  Meer  & Roosma 

Veeder,  Albert  H 

Vierling,  McDowell  & Co 

Ward  & Gaensslen 

Weart,  E.  N.  & Co 

Weaver  & Ford 

Weber  Wagon  Co 

Wolf,  Maize,  Mills  Co 

Wolf,  Fred.  W.,  Co 

Wolf,  M.  W 

Wolff,  L.,  Manufacturing  Co 

Yale,  John  A.,  and  others 

Youghiogheny  & Lehigh  Coal  Co 

Zapel,  Herman  M 


T 

Taylor,  Isaac,  and  George  Steele 

Telegraph  and  Telephone  Companies... 
American  Telegraph  & Telephone  Co 
American  Telegraph  & Telephone  Co 

Atlantic  & Pacific  Telegraph  Co 

Baltimore  & Ohio  Railroad  Co 

Baltimore  & Ohio  Telegraph  Co 


xxxix 


SECTION. 

PAGE. 

816 

1797-1798 

817 

1798-1799 

818 

1799-1800 

819 

1800-1801 

820 

1801-1803 

821 

1803-1805 

822 

1805-1806 

823 

1807-1808 

824 

1808-1809 

825 

1809 

826 

1810-1811 

827 

1811-1812 

828 

1812-1813 

829 

1813-1814 

948 

2188-2190 

830 

1814-1817 

831 

1818 

832 

1818-1819 

833 

1819-1820 

834 

1821 

835 

1822 

836 

1822-1824 

837 

1824-1827 

838 

1827-1828 

839 

1828-1829 

840 

1829-1830 

841 

1830-1832 

842 

1832 

843 

1833 

844 

1834-1835 

949 

2190-2191 

845 

1835-1837 

950 

2191-2192 

846 

1837-1838 

847 

1838-1840 

848-849 

1840-1841 

951 

2192-2193 

850 

1841-1842 

828 

1812-1813 

851-891 

1843-1898 

851 

1844-1845 

852 

1845-1847 

853 

1847-1848 

854 

1848 

855 

1849 

xl 


INDEX. 


Telegraph  and  Telephone  Companies — continued . 

Banker’s  & Merchant’s  Telegraph  Co 

Bell  Telephone  Co 

Bell  Telephone  Co 

Board  of  Trade  Telegraph  Co 

Chicago  & Milwaukee  Telegraph  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co r 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Telephone  Co 

Chicago  Twin  Wire  Long  Distance  Telephone  Co 

Chicago  Twin  Wire  Long  Distance  Telephone  Co 

Chicago  & Western  Indiana  Railroad  Co 

Chicago  & Western  Indiana  Railroad  Co 

City  Press  Association  of  Chicago 

Cushman  Telephone  & Service  Co 

Mutual  Union  Telegraph  Co 

Mutual  Union  Telegraph  Co 

Mutual  Union  Telegraph  Co 

Mutual  Union  Telegraph  Co 

Mutual  Union  Telegraph  Co 

Mutual  Union  Telegraph  Co 

Pacific  & Atlantic  Telegraph  Co 

Postal  Telegraph  Co 

Postal  Telegraph  Co 

Postal  Telegraph  Co 

Postal  Telegraph  Co 

United  States  Telegraph  Co 

Western  Union  Telegraph  Co 

Western  Union  Telegraph  Co 

Temporary  Tracks  on  Clinton  Street 

The  Carden  Malting  Co 

Thomson  & Taylor  Spice  Co.,  private  privileges 

Thomson-Houston  Light  Co.,  Hyde  Park 

Tobey  & Booth,  private  privileges 

Tosetti,  Ernst,  Brewing  Co 

Town  of  Lake  District  Telegraph  & Electric  Co 

Amendatory  ordinance 

Town  of  Lake  Electric  Light  Co 

Trade,  Board  of,  Telegraph  Co 


SECTION. 

PAGE. 

856 

1849-1850 

857 

1850-1851 

858 

1851 

859 

1851-185$ 

860 

1853-1854 

861 

1854-1856 

862 

1856 

863 

1856-1 85T 

864 

1857-1858 

865 

1858-1860 

866 

1860-1861 

867 

1861 

868 

1862-186$ 

869 

1863-1864 

870 

1864-1865 

871 

1865-1867 

872 

1868-1872' 

873 

1872-1877 

874 

1877-1878 

875 

1878-1879 

876 

1870 

877 

1880-1881 

878 

1882-1885 

879 

1885-1880 

880 

1886 

881 

1886-1888 

882 

1888-1880 

883 

1880 

884 

1889-1891 

885 

1891-1892 

886 

1892 

887 

1892-1894 

888 

1894 

889 

1894-1895 

890 

1895-1890 

891 

1890 

892 

1896-1898 

558 

1319-1320 

725-726 

1697-1698 

173 

350 

29 

77-81 

174 

350 

833 

1819-1820 

43 

121-124 

43a 

124-125 

44 

125-127 

859 

1851-185$ 

INDEX. 


xli 


Tubes,  Pneumatic 

Tucker,  Track 

Tucker,  William  F 

Tudor  Buggy  Co 

Twelfth  Street  and  Ogden  Avenue. 


U 

Union  and  Jefferson  Parks 

Union  Consolidated  Elevated  Railway  Co 

Union  Elevated  Railroad  Co 

Union  Elevated  Railroad  Co.,  and  other  companies 

Union  Iron  & Steel  Co.  and  C.  & A.  R.  R.  Co 

Union  Planing  Mill  Co 

Union  Stock  Yard  & Transit  Co 

Union  Stock  Yard  & Transit  Co 

Union  Square 

United  States  Telegraph  Co 

United  Telegraph  & Telephone  & Electric  Co 

Universal  Gas  Co 

Unzieker,  Gail,  Burmeller  & . 


V 

Van  Der  Meer  & Roosma 

Veeder,  Albert  H 

Veersema,  Charles,  Cemetery  of 

Vernon  Park 

Viall,  R.  A.,  private  privileges 

Vierling,  McDowell  & Co 


W 

Wabash  Railroad  Co 

Wahl  Bros.,  private  privileges 

Waller,  E.  C.,  private  privileges 

Ward  & Gaensslen 

Warren  Avenue 

Washington  Avenue 

Washington  Heights 

Washington  Heights,  railway  in 

Water  for  use  in  parks 

To  be  furnished  by  the  city,  agreement. 

For  the  use  of  the  several  parks 

Waukesha  Hygeia  Mineral  Springs  Co 

Amendment 

Extension 

Weart,  E.  N.,  & Co 


SECTION. 

PAGE. 

137-138 

320-325 

835 

1822 

834 

1821 

836 

1822-1824 

121 

290-292 

122 

292 

411 

972-982 

410-413 

964-987 

936 

2170-2171 

837 

1824-1827 

838 

1827-1828 

373-377 

734-738 

388 

843-845 

84 

243-244 

890 

1895-1896 

48 

137-139 

70 

206-213 

758 

1735-1736 

839 

1828-1829 

840 

1829-1830 

12 

11-12 

123 

293 

179 

363-364 

841 

1830-1832 

378 

739 

175 

360 

176 

360-361 

842 

1832 

124-125 

293-295 

101 

270-271 

103 

271-272 

419 

999-1003 

128 

298-299 

88-89 

249-250 

71 

214-215 

134 

314-316 

135  . 317 

136  317-319 

843  1833 


xlii 


INDEX. 


SECTION.  PAGE. 

Weaver  & Ford 844  1834-1835 

Weber  Wagon  Co 949  2190-2191 

Weiss,  Sparr& 40  109-113 

Weiss,  Sparr& 898  1912-1913 

West  Chicago 104  273 

West  Chicago  Street  Railway  Co 679-704  1590-1669 

West  Chicago  Street  Railway  Co 944  2184 

West  Division  Railway  Co.  and  Chicago  City  Railway  Co.  414-416  989-994 

Western  Edison  Light  Co 45  127-130 

Extension  of 45a  130-132 

Western  Electric  Co 46  132-133 

Western  Electric  Co.,  private  privileges 177  361-362 

Western  Light  & Power  Co 47  134-137 

Western  Union  Telegraph  Co 891-892  1896-1898 

Westlake,  Charles  E 914  1925-1926 

West  Madison  and  West  Lake  Streets 906  1920-1921 

West  Washington  Street 126  295-297 

Wieboldt,  William  A.,  private  privileges 178  362-363 

Wieboldt,  William  A 915  1926-1927 

Wicker  Park 127  297-298 

Windsor  Park,  Grand  Crossing  &,  Railway  Co 670  1565-1568 

Wolf,  Fred.  W.,  Co 950  2191-2192 

Wolf,  M.  W 846  1837-1838 

Wolf  Maize  Mills  Co 845  1835-1837 

Wolff,  L.,  Manufacturing  Co 847  1838-1840 

Wright,  Morgan  & 161  347-348 

Y 

Yale,  John  A.,  and  others 848-849  1840-1841 

Yondorff,  Charles/ 49  140-141 

Youghiogheny  & Lehigh  Coal  Co 951  2192-2193 

Z 

Zapel,  Herman  M 850  1841-1842 

Zimmerman,  W.  C 916  1927 


SPECIAL  ORDINANCES 

OF 

CHICAGO. 


CHAPTER  I.— CEMETERIES. 

§ i.  Chebra  Kadisha  Ubikur  Cholim.  *f 
§ 2.  Congregation  Beth  El  of  Chicago. 

§ 3.  Congregation  Temple  Israel. 

§ 4.  Graceland. 

§ 5.  Graceland  Extension. 

§ 6.  Rose  Hill. 

§ 7.  Scandinavian  Lutheran  Cemetery  Association. 

§ 8.  Second  Ordinance. 

§ 9.  Seminary  of  the  Sacred  Heart. 

§ 10.  St.  Henry’s. 

§11.  Sonnenschein,  Otto,  and  his  successors. 

§12.  Veersema,  Charles,  and  his  successors.  . 

§13.  Sisters  of  the  Poor  Clair. 

§ 13a.  Sherlock,  James  P. 


CHEBRA  KADISHA  UBIKUR  CHOLIM. 

§ 1.  Chebra  Kadisha  Ubikur  Cholim. 

1.  Title  and  date  of  passage. 

* 2.  Permission  to  establish  a cemetery. 

3.  Subject  to  ordinances — indemnity. 

^y  4.  Agreement  to  pay  fifty  dollars  annually. 

If  1.  An  Ordinance  Authorizing  the  “Chebra  Kadisha  Ubikur  Cholim,”,  an 
Association  of  Chicago,  III.,  to  Establish  and  Maintain  a Cemetery  in 
the  Village  of  Jefferson:  (Passed  July  14,  1887.) 

1 2.  Permission  to  establish  a cemetery.]  Be  it  ordained  by 
the  president  and  board  of  trustees  of  the  village  of  Jefferson.  § 1. 
That  the  “Chebra  Kadisha  Ubikur  Cholim,”  of  Chicago,  111.,  be  and 
are  hereby  granted  permission  and  authority  to  establish  and  main- 
tain a cemetery  or  place  of  sepulture  in  the  village  of  Jefferson,  and 

* Each  ordinance  is  treated  as  a^(§)  section;  the  several  sections  thereof  as  (IT)  Para- 
graphs. 

t A synopsis  thereof  will  he  found  at  the  beginning  of  every  ordinance. 


1 


2 


CEMETERIES. 


[§  I 

for  such  purpose  to  make  use  of  the  following  described  premises,  to 
wit : The  south  seven  acres  of  lot  numbered  four,  in  the  subdivision 

of  the  fractional  southeast  quarter  of  section  three,  township  forty, 
north  of  range  thirteen,  east  of  the  third  principal  meridian, 
south  of  the  Indian  boundary  line,  in  the  town  of  Jefferson, 
county  of  Cook  and  state  of  Illinois. 

T 3.  Subject  to  ordinances— indemnity.]  § 2.  The  provi- 
sions and  authority  hereby  granted  are  upon  the  express  condi- 
tion that  said  association  shall  comply  with  the  requirements  of 
any  and  all  ordinances  of  the  village  of  Jefferson,  now  in  force  and 
which  may  hereafter  be  in  force,  relating  to  the  management  of 
“cemeteries,”  and  shall  be  responsible  for  and  indemnify  and  save 
harmless  the  said  village  from  any  claim,  suit  or  damage  growing 
out  of  the  maintenance  of  said  cemetery.* 

^Agreement  of  the  Chebra  Kadisha  Ubikur  Cholim  Relating  to  the 
Ordinance  Passed  July  14,  1887.  (Dated  October  17,  1887.) 

T 4.  Agreement  to  pay  fifty  dollars  annually.]  This  agree- 
ment by  and  between  the  “Chebra  Kadisha  Ubikur  Cholim” 
Society  of  Chicago,  111.,  organized  under  the  laws  of  the  state  of 
Illinois,  of  the  first  part,  and  the  village  of  Jefferson,  in  said  state, 
of  the  second  part,  witnesseth : 

That,  whereas,  the  village  of  Jefferson  has  this  granted  permit 
by  ordinance  to  the  said  society,  to  use  for  cemetery  purposes  the 
following  described  parcel  of  land  in  said  village,  to  wit : 

The  south  seven  (7)  acres  of  lot  No.  four  (4)  of  Cook’s  subdi- 
vision of  fractional  southeast  quarter  of  section  three  (3),  etc. 
(south  of  Indian  boundary  line). 

Therefore,  in  consideration  of  the  granting  of  such  permit,  as 
aforesaid,  the  said  society  hereby  agrees  to  and  with  said  village, 
to  pay  a proportion  of  the  expenses  for  the  keeping  in  repair  of  the 
roadbed  of  Crawford  avenue  from  Milwaukee  avenue  north  to  said 
premises,  which  proportion  is  hereby  stipulated  and  agreed  to  be 
the  sum  of  fifty  (50)  dollars  per  annum,  which  said  sum  of  fifty  (50) 
dollars  shall  be  paid  to  said  village  by  said  society  annually,  in 
advance,  commencing  from  the  date  of  filing  with  the  clerk  of  said 
village  the  written  acceptance  by  said  society  of  the  terms  and 
provisions  of  said  ordinance. 

In  witness  whereof,  the  trustees  of  said  society  have  signed  and 
sealed  these  presents  this  17th  day  of  October,  1887,  duly  thereto 
authorized  by  resolution  of  said  society. 

(Seal.)  Chebra  Kadisha  Ubikur  Cholim. 


William  McGraw,  A.  Diamond,  (Seal.) 

Pres.  Board  of  Trustees  Morris  Cohen,  (Seal.) 

Village  of  Jefferson.  Adolph  Loewenthal,  (Seal.) 

Attest : Trustees. 

Charles  E.  Dymond,  Henry  Cohn,  (Seal.) 

Village  Clerk.  Salomon  Herzog.  (Seal.) 


§2,3] 


CONGREGATION  TEMPLE  ISRAEL. 


3 


CONGREGATION  BETH  EL  OF  CHICAGO. 

§ 2.  Congregation  Beth  El  of  Chicago, 
i.  Title,  date  of  passage. 

^f  2.  Permission  to  acquire  for  burial  purposes,  certain  premises  and 
to  lay  out,  maintain  and  use  them  as  a cemetery.  _ __ 

^f  3.  Conflicting  ordinances  repealed. 

If  4.  In  force  from  and  after  its  passage.  * 

1.  An  Ordinance  Authorizing  the  Congregation  Beth  El,  of  Chicago,  . to 

Acquire,  Lay  Out  and  Use  Certain  Premises  for  Burial  Purposes. 

(Passed  November  2,  1891.) 

1”  2.  Permission  granted,]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago : § 1 . Permission  and  authority  are  hereby 
granted  to  the  Congregation  Beth  El,  of  Chicago,  to  acquire,  for 
burial  purposes,  the  lot  or  strip  of  land  adjoining  its  cemetery  on 
Crawford  avenue  in  the  city  of  Chicago  as  shown  on  the  plat  hereto 
attached  marked  red,  to  wit : The  northhhree  acres  of  lot  four  (4)  in 
Cook’s  subdivision,  in  fractional  section  three  (3),  township  forty 
(40)  north,  range  thirteen  (13),  east  of  the  third  principal  meridian, 
south  of  the  Indian  boundary  line,  and  to  lay  out,  maintain  and  use 
the  same  as  a cemetery. 

T 3.  Repeal.]  § 2.  That  all  ordinances  or  parts  of  ordinances 
conflicting  with  this  ordinance  be  and  the  same  are  hereby  repealed. 

T 4.  In  force.]  § 3.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 


CONGREGATION  TEMPLE  ISRAEL. 

§ 3.  Congregation  Temple  Israel. 

If  1.  Title  and  date  of  passage. 

*jf  2.  Permission  to  use  certain  lands  for  cemetery  purposes. 

TT  3.  In  force  from  and  after  its  passage. 

IT  1.  An  Ordinance  Granting  Permission  to  the  Congregation  Temple  Israel 
to  Use  Certain  Land  for  Cemetery  Purposes.  (Passed  September  14, 
1896.) 

IF  2.  Permission  to  use  land  for  cemetery.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  the  Congrega- 

tion Temple  Israel  be  and  it  is  hereby  authorized  to  use  the  south 
20  acres  of  the  W.  y2  of  the  S.  y2  of  the  S.  y2  of  the  N.  E.  % of 
Sec.  19,  Township  40,  R.  13,  for  cemetery  purposes. 

IF  3.  § 2.  This  ordinance  shall  be  in  force  and  take  effect  from 

and  after  its  passage. 


4 


CEMETERIES. 


GRACELAND  CEMETERY. 

§ 4.  Graceland  Cemetery. 

H 1.  Title  and  date  of  passage. 

TT  2.  Interment  elsewhere  than  in  a cemetery  prohibited. 

% 3.  Cemetery  can  only  be  established  by  ordinance. 

4.  Boundaries  fixed. 

IT  5-  Burial  within  the  limits  lawful,  outside  them  unlawful. 

if  6.  Violation  of  ordinance  a nuisance,  penalty  fine  or  imprisonment, 
or  both  in  the  discretion  of  the  court. 

7.  Conflicting  ordinances  repealed. 

If  1.  An  Ordinance  Regulating  Cemeteries  in  the  Town  of  Lake  View  and 

Establishing  the  Boundaries  of  Graceland  Cemetery.  (Passed  February 

3.  1879O 

1"  2.  Interment  elsewhere  than  in  a cemetery  prohibited.] 

Be  it  ordained  by  the  board  of  trustees  of  the  town  of  Lake  View: 
§ 1.  That  no  corpse  shall  be  interred  in  any  place  within  the 
limits  of  said  town  not  legally  established  and  actually  used  as 
a cemetery  on  the  5th  day  of  March,  1867,  or  in  any  place  not  lying 
within  the  enclosure  of  a cemetery  in  said  town,  as  such  enclosure 
was  standing  on  said  day,  except  as  hereinafter  provided  and 
allowed. 

The  interment  of  any  dead  body  in  any  place  where  interments 
are  prohibited  by  this  ordinance  is  hereby  declared  to  be  a nuisance. 

1 3.  Cemetery  can  only  be  established  by  ordinance.]  § 2. 

No  corporation,  person  or  persons  shall  use,  open,  establish  or 
locate  any  cemetery  in  said  town  of  Lake  View  unless  the  board 
of  trustees  of  said  town  shall  first,  by  ordinance,  fix  and  determine 
the  location  and  boundaries  of  such  cemetery. 

IT  4.  Boundaries  of  Graceland  fixed.]  § 3.  The  boundaries 
of  Graceland  cemetery  are  hereby  fixed  as  follows:  Commenc- 

ing at  the  intersection  of  the  east  line  of  the  Green  Bay  road 
and  the  north  line  of  Graceland  avenue  in  said  town,  running 
thence  east  along  the  north  line  of  said  avenue  to  the  east  line  of 
lot  twenty  in  Iglehart’s  subdivision  of  the  west  half  of  the  south- 
east quarter  of  section  seventeen;  thence  north  to  the  northeast 
corner  of  lot  nineteen  in  said  subdivision ; thence  west  along  the 
north  line  of  said  lot  nineteen  to  the  east  line  of  the  southwest 
quarter  of  said  section  seventeen;  thence  north  along  said  east 
line  to  the  south  line  of  Sulzer  street ; thence  west  along  said  south 
line  to  the  west  line  of  the  east  half  of  said  southwest  quarter; 
thence  south  along  said  west  line  thirty-eight  rods,  more  or  less,  to 
the  southeast  corner  of  a parcel  of  land  formerly  belonging  to 
Conrad  Sulzer;  thence  west  along  the  south  line  of  said  Sulzer 
tract  to  the  east  line  of  the  Green  Bay  road ; thence  southeasterly 
along  the  east  line  of  said  road  to  the  place  of  beginning. 

IT  5.  Burial  inside  lawful,  outside  unlawful,]  § 4-  It  shall 
be  unlawful  to  inter  dead  bodies  within  the  limits  above  fix’ed  and 
prescribed  of  said  Graceland  cemetery,  and  also  within  the  limits 


§5] 


GRACELAND  CEMETERY. 


5 


as  the  same  legally  existed  on  the  5th  day  of  March,  1867,  of  all 
other  cemeteries  in  said  town  of  Lake  View,  under  such  regulations 
as  may  from  time  to  time  be  made  by  said  board  of  trustees ; but 
the  burial  of  any  corpse  outside  of  such  limits  shall  be  deemed 
a violation  of  the  first  or  second  sections  of  this  ordinance. 

1 6.  Violation  of  ordinance  a penal  offense.]  § 5.  If  any 

person  or  corporation  shall  violate  any  of  the  provisions  of  this 
ordinance,  he  shall  be  deemed  guilty  of  committing  a nuisance  and 
shall  be  fined,  on  conviction  thereof,  not  exceeding  one  thousand 
dollars,  or  imprisoned  not  exceeding  six  months,  or  both,  in  the 
discretion  of  the  court. 

It  shall  be  lawful  for  the  court  to  order  the  offender  to  disinter 
any  and  all  dead  bodies  that  he  may  be  proven  to  have  buried,  or 
caused  to  be  buried,  contrary  to  the  provisions  of  this  ordinance, 
and  to  enforce  obedience  to  such  order  by  fine  or  imprisonment, 
or  both. 

It  shall  be  lawful  for  the  police  or  other  persons,  under  the 
directions  of  the  board  of  trustees,  to  disinter  any  corpse  buried 
contrary  to  the  provisions  of  this  ordinance,  or  to  remove  and 
re -inter  the  same  within  the  bounds  of  any  lawful  cemetery. 

1 7.  Repeal  of  conflicting  ordinances.]  § 6.  All  ordinances 
relating  to  cemeteries  heretofore  passed  by  said  board  of  trustees 
shall  remain  in  full  force,  except  as  to  provisions  thereof  inconsistent 
with  the  provisions  of  this  ordinance,  which  provisions  thereof,  so 
inconsistent,  are  hereby  repealed. 

§ 5.  Extension  of  Graceland  cemetery. 

1.  Title  and  date  of  passage. 

IT  2.  Preamble  reciting  conditions  of  the  grant. 

If  3.  Permission  to  enlarge  the  said  cemetery  as  prescribed. 

4.  Conditions  must  be  fulfilled  else  rights  and  privileges  herein 
granted  lapse. 

IT  An  Ordinance  in  Regard  to  the  Extension  of  Graceland  Cemetery. 

(Passed  and  Approved  April  7,  1879.) 

1 2.  Preamble,]  Whereas,  the  Graceland  cemetery  company, 
on  the  10th  day  of  March,  A.  D.  1879,  presented  to  the  board  of 
trustees  of  the  town  of  Lake  View,  an  application  for  leave  to 
enlarge  its  cemetery  according  to  the  terms  and  conditions  of  the 
following  proposition,  to  wit : 

“Provided  said  town  of  Lake  View  shall  first,  and  prior  to  April  25,  1879, 
by  proper  and  valid  ordinance,  under  authority  of  a vote  of  the  people  of  said 
town,  as  provided  in  and  by  the  act  of  March  29,  1869,  amendatory  of  the 
charter  of  Lake  View,  authorize  said  Graceland  cemetery  company  to  extend  the 
limits  of  Graceland  cemetery  to  include  for  burial  purposes  the  following  lands 
in  Lake  View,  to  wit:  That  part  of  the  north  half  (X)  of  the  northwest  quarter 
(X)  of  the  southwest  quarter  (X)  of  section  seventeen  (17),  township  forty  (40), 
north  range  fourteen  (14),  east  of  3d  P.  M.,  lying  east  of  the  Green  Bay  road; 
and  lots  three  (3),  four  (4),  seven  (7),  eight  (8),  eleven  (n),  twelve  (12),  fifteen 
(15)  and  sixteen  (16)  of  Iglehart’s  subdivision  of  the  west  half  ( X ) of  the  southeast 
quarter  (X)  of  section  seventeen  aforesaid. 

“Said  Graceland  cemetery  company  will  thereupon,  by  means  effectual  for 


6 


CEMETERIES. 


such  purpose,  accept  the  boundaries  thus  extended  as  the  fixed  limits  of  Grace- 
land  cemetery,  and  relinquish  absolutely  all  claim  and  intention  to  use  or  acquire 
for  burial  purposes  any  other  land  in  the  town  of  Lake  View. 

“And  said  cemetery  company  will  also,  before  the  next  annual  sale  for  state 
and  county  taxes,  pay  all  taxes  (including  Lincoln  Park  tax)  levied  and  assessed 
upon  its  lands  not  now  enclosed  for  cemetery  purposes,  for  the  years  1875,  1876, 
1877  and  1878. 

‘ ‘And  said  cemetery  company  will  also,  in  case  of  such  extension,  contribute 
so  much  of  the  land  now  owned  by  said  company,  or  which ' shall  hereafter  be 
acquired  by  said  company,  as  shall  be  required  for  the  purpose  of  continuing 
Stella  street  sixty-six  feet  in  width  from  Graceland  avenue  due  north  to  Sulzer 
street,  and  will  keep  free  from  actual  interments  a strip  of  its  lands  fifty  feet  in 
width  along  the  west  line  of  Stella  street  thus  extended,  and  plant  and  maintain 
a hedge,  or  row  of  trees,  along  said  street  line,  and  in  case  it  shall  purchase  for 
burial  purposes  the  tract  of  land  first  above  mentioned,  known  as  the  ‘Sulzer 
tract,  ’ will  reserve  the  frontage  thereof  on  Sulzer  street  and  Green  Bay  road  to 
the  depth  of  ten  feet,  and  also  the  space  between  said  road  and  street,  and 
a curved  red  line  as  shown  on  plats  hereto  attached,  to  be  kept  free  from  burials, 
and  used  for  the  purpose  of  a hedge  of  evergreens  or  other  trees;  and  said 
cemetery  company  will  not  construct  or  use  any  other  carriage  entrance  to  said 
cemetery  than  the  one  now  in  use  at  the  southwest  corner  thereof.  ’ ’ 

And,  whereas,  said  application  was  supported  by  the  petition  of 
more  than  twenty  legal  voters  of  said  town,  and  thereafter,  in  pur- 
suance of  the  statute  in  such  case  provided,  said  board  of  trustees 
caused  the  question  of  granting  said  application  to  be  submitted  to 
the  legal  voters  of  said  town,  at  the  annual  election  of  town  officers, 
held  in  said  town  on  the  first  day  of  April,  A.  D.  1879,  and  a large* 
majority  of  all  the  legal  voters,  voting  at  such  election,  voted  in 
favor  of  granting  said  application  upon  the  terms  and  conditions 
aforesaid;  therefore, 

IT  3.  Permission  to  enlarge  cemetery.]  Be  it  ordained  by  the 
board  of  trustees  of  the  town  of  Lake  View:  § 1.  That  the  Grace- 
land  cemetery  company  have  leave  to  enlarge  its  cemetery  to  the 
extent  and  upon  the  terms  and  conditions  set  forth  in  the  foregoing 
proposition,  and  not  further  or  otherwise. 

I-  4.  Conditions — forfeiture.]  § 2.  If  said  cemetery  company 
shall  fail  to  keep  and  perform  the  said  [terms,  conditions  and  agree- 
ments of  said  proposition,  upon  which  said  extension  is  granted, 
according  to  the  true  intent  and  meaning  thereof,  then  and  thence- 
forth all  rights  and  privileges  hereby  granted  shall  at  once  cease 
and  determine. 


ROSE  HILL  CEMETERY. 

§ 6.  Rose  Hill  Cemetery. 

IT  1.  Title. 

If  2.  Interment  elsewhere  than  in  a cemetery  prohibited, 
if  3.  Cemetery  only  to  be  established  by  ordinance. 


SCANDINAVIAN  LUTHERAN  CEMETERY  ASSOCIATION. 


7 


4.  Boundaries  of  Graceland  fixed. 

^f  5.  Boundaries  of  Rose  Hill  fixed. 

•jf  6.  Boundaries  of  other  cemeteries ; streets  not  included. 

7.  Violations  of  this  ordinance — how  punished. 

1.  An  Ordinance  Regulating  Cemeteries  in  the  Town  of  Lake  View  and 
Establishing  the  Boundaries  of  Rose  Hill  Cemetery. 

1 2.  Interment  when  prohibited.]  Be  it  ordained  by  the 
board  of  trustees  of  the  town  of  Lake  View:  § 1.  That  no  corpse 
shall  be  interred  in  any  place  within  the  limits  of  the  town  of  Lake 
View,  not  actually  used  as  a cemetery  on  the  5th  day  of  March, 
1867,  or  lying  within  the  enclosure  of  a cemetery,  not  established 
on  or  before  said  day,  except  as  hereinafter  provided  and  allowed. 

1 3.  Cemetery  to  be  established  by  trustees.]  § 2.  No 

corporation,  or  person  or  persons,  shall  establish  or  open  any  ceme- 
tery within  the  limits  of  the  town  of  Lake  View,  unless  the  board 
of  trustees  shall  first  fix  and  determine  the  location  of  such  ceme- 
tery, and  fix  the  boundaries  thereof. 

f 4.  Boundaries  of  Graceland.]  § 3.  The  boundaries  of  Grace- 
land  cemetery  are  hereby  fixed  as  follows,  to  wit : The  E.  y2  of  S. 
W.  y of  section  17,  lying  east  of  Green  Bay  road,  and  lots  19  and 
20  of  Iglehart’s  subdivision  of  W.  y2  of  S.  E.  y of  section  17,  town- 
ship 40,  range  14. 

1 5.  Boundaries  of  Rose  Hill.]  § 4.  The  boundaries  of  Rose 
Hill  cemetery  are  hereby  fixed  as  follows,  to  wit : That  portion  of 
section  6,  in  town  40,  north  range  14,  east  of  the  3d  P.  M.,  as  the 
same  is  described  in  the  record  of  Rose  Hill  cemetery  company’s 
subdivision  of  the  S.  y of  the  W.  y2  of  the  S.  E.  y of  section  6,  in 
town  40,  north  of  range  14,  east  of  3d  P.  M.,  as  the  same  is  recorded 
in  the  recorder’s  office  of  Cook  county,  in  book  of  maps,  No.  160, 
on  pages  76  and  77.  » 

i"  6.  Of  other  cemeteries.]  § 5.  The  boundaries  of  all  other 
cemeteries  within  the  town  of  Lake  View  are  hereby  fixed  at  the 
enclosure  now  surrounding  any  such  cemeteries;  but,  if  any  street 
is  embraced  in  any  such  enclosure,  no  permission  is  hereby  given 
to  use  such  street,  or  keep  the  same  enclosed. 

T 7.  Violations  of  ordinance — penalties.]* 


SCANDINAVIAN  LUTHERAN  CEMETERY  ASSOCIA- 
TION. 

§ 7.  Scandinavian  Lutheran  Cemetery  Association. 

^f  1.  Title ; date  of  passage. 

If  2.  Permission  to  establish  and  maintain  a cemetery  or  place  of 
sepulture. 

If  3.  Subject  to  ordinances  and  indemnity. 


* See  paragraphs  5,  6;  § 4,  supra. 


8 


CEMETERIES. 


[§» 


If  i.  An  Ordinance  Authorizing  the  Scandinavian  Lutheran  Cemetery  Asso- 
ciation of  Cook  County,  III.,  to  Establish  and  Maintain  a Cemetery  in 
the  Village  of  Jefferson.  (Passed  March  27,  1886.) 

IT  2.  Permission  to  establish  a cemetery.]  Be  it  ordained  by 
the  president  and  board  of  trustees  of  the  village  of  Jefferson: 
§ 1.  That  the  Scandinavian  Lutheran  cemetery  association  of 
Cook  county,  111. , be  and  is  hereby  granted  permit  and  authority 
to  establish  and  maintain  a cemetery  or  place  of  sepulture,  in  the 
village  of  Jefferson,  and,  for  such  purpose,  to  make  use  of  the  fol- 
lowing described  premises,  to  wit:  The  north  half  (y2)  of  the  south- 
east quarter  {%)  of  the  northeast  quarter  (J^)  of  section  nineteen 

(19) ,  together  with  blocks  numbered  three  (3),  four  (4),  five  (5)  and 
six  (6)  of  Andrew  Dunning’s  subdivision  of  the  northeast  quarter 
(%)  of  the  northeast  quarter  (j£)  of  section  nineteen  (19),  township 
forty  (40)  north,  range  thirteen  (13),  east  of  the  third  principal 
meridian,  in  Cook  county,  111. 

IT  3.  Subject  to  ordinances™  indemnity.]  § 2.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  express  condition 
that  the  said  association  shall  comply  with  the  requirements  of  any 
and  all  ordinances  of  the  village  of  Jefferson  now  in  force  or  which 
may  hereafter  be  in  force,  relating  to  the  management  of  ceme- 
teries, and  shall  be  responsible  for,  and  indemnify  and  save  harm- 
less the  said  village  from  any  claim,  suit  or  damage  growing  out  of 
the  maintenance  of  said  cemetery. 

§ 8.  Additional  ordinance  to  Scandinavian  Lutheran  Associa- 
tion. 

U 1.  Title;  date  of  passage. 

*j[  2.  Permission  to  use  certain  lands  described  as  a burial  ground. 

•f[  3.  In  force  from  and  after  its  passage. 

• 

If  1.  An  Ordinance  Granting  Permission  to  the  Scandinavian  Lutheran 
Cemetery  Association  to  Use  Certain  Land  for  Cemetery  Purposes. 
(Passed  May  27,  1895.  Accepted  April  17,  1896.) 

IT  2.  Permission  to  use  certain  land  for  cemetery.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  per- 
mission and  authority  be,  and  the  same  are,  hereby  granted  the 
Scandinavian  Lutheran  cemetery  association,  a corporation,  and 
its  successors  and  assigns,  to  use  as  a public  burial  ground,  and  for 
that  purpose  only,  subject  to  all  existing  ordinances  now  in  force 
or  which  may  hereafter  be  passed  in  relation  thereto,  the  twenty 

(20)  acres  of  land  owned  by  said  corporation,  adjoining  the  Mt. 
Olive  cemetery,  and  contiguous  to  the  Mt.  Moriah  cemetery,  situ- 
ated, lying  and  being  in  the  town  of  Jefferson,  in  the  city  of  Chi- 
cago, county  of  Cook  and  state  of  Illinois,  known  and  described  as : 
The  north  one-half  (N.  y2)  of  the  southwest  one-quarter  (S.  W.  %) 
of  the  northeast  one-quarter  (N.  E.  %)  of  section  nineteen  (19), 
township  forty  (40)  north,  range  thirteen  (13),  east  of  the  13d  prin- 
cipal meridian ; upon  the  express  condition  that  the  north  thirty- 


§ § 9,  IO] 


ST.  henry’s  cemetery. 


9 


three  (33)  feet  of  property  asked  for  for  cemetery  purposes,  be 
dedicated  for  a public  street. 

1"  3.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


SEMINARY  OF  THE  SACRED  HEART. 

§ 9.  Seminary  of  the  Sacred  Heart. 

*f  1.  Title  and  date  of  passage. 

^f  2.  Permission  given  to  use  private  cemetery  for  burial  of  members 
of  their  order  dying  resident  at  said  seminary. 

^f  1.  An  Ordinance  Granting  Permission  to  the  Seminary  of  the  Sacred 
Heart  to  Bury  its  Members  Within  its  Grounds.  (Passed  October  23, 
1882.) 

^ 2.  Permission  to  use  private  cemetery.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  be  and  is  hereby  granted  to  the  seminary  of  the  Sacred 
Heart,  on  West  Taylor  street,  in  said  city,  to  use  the  private  ceme- 
tery within  their  grounds  for  the  interment  of  members  of  their 
order  who  die  while  residing  at  said  seminary. 


ST.  HENRY’S  CEMETERY. 

§10.  St.  Henry’s  Cemetery. 

If  1.  Title  and  date  of  passage. 

If  2.  Preamble. 

•ff  3.  Boundaries  fixed. 

*[f  1.  An  Ordinance  Permanently  Fixing  the  Boundaries  of  a Cemetery 
Owned  by  the  Catholic  Bishop  of  Chicago  in  Section  Six,  Township 
Forty,  Range  Fourteen.  (Passed  February  14,  1880.) 

1"  2.  Preamble.]  Whereas,  the  Catholic  bishop  of  Chicago, 
as  the  proprietor  of  the  cemetery  located  upon  the  north  two  and 
sixteen  one  hundredths  (2TW)  chains  of  the  northwest  quarter  (}() 
of  the  northeast  quarter  (^)  of  section  six  (6)  in  township  forty 
(40),  north  range  fourteen  (14),  east  of  3d  P.  M.,  lying  west  of  the 
old  Ridge  road,  has  submitted  a proposition  to  change  and  perma- 
nently establish  and  limit  the  boundaries  of  said  cemetery,  which 
said  proposition  is  attached  hereto ; now,  therefore, 

•[  3.  Boundaries  established.]  Be  it  ordained  by  the  board  of 


10 


CEMETERIES. 


I 


trustees  of  the  town  of  Lake  View:  That  the  proposition  of  the 

Catholic  bishop  of  Chicago  attached  hereto  be  and  the  same  is 
hereby  accepted  and  'agreed-  to  by  the  board  of  trustees  of  the  town 
of  Lake  View  and  the  boundaries  of  the  cemetery  referred  to  in 
said  proposition,  be  and  the  same  are  hereby  permanently  fixed  and 
established  as  follows,  viz : 

Commencing  at  a point  on  the  south  line  of  the  street  running 
east  and  west  along  the  north  side  of  the  northeast  quarter  {%)  of 
section  six  (6),  township  forty  (40)  north,  range  fourteen  (14),  east 
of  the  3d  P.  M.,  two  hundred  feet  (200  ft.)  east  of  the  west  line  of 
said  northeast  quarter  (%)  of  said  section  six  (6),  and  running 
thence  south  on  a line  parallel  with  the  west  line  of  the  northeast 
quarter  {%)  of  said  section  six  (6)  to  a point  one  hundred  and 
ninety-two  and  T5^  feet  (192^%-  ft.)  south  of  the  north  line  of  the 
northeast  quarter  (%)  of  said  section  six  (6),  thence  east  on  a line 
parallel  with  the  north  line  of  the  northeast  quarter  of  said  section 
six  (6)  five  hundred  and  seventy  feet  (570  ft.)  to  a point  one  hun- 
dred and  seventy-five  feet  (175  ft. ) wes*tof  the  center  line  of  a street 
or  highway  running  across  said  northeast  quarter  (^)  of  said  section 
six  (6),  thence  north  on  a line  parallel  with  the  west  line  of  the 
northeast  quarter  (J^)  of  said  section  six  (6)  to  the  south  line  of  the 
street  or  highway  running  along  the  north  side  of  said  northeast 
quarter  (%)  of  said  section  six  (6),  thence  west  along  the  south  line 
of  said  street  or  highway  to  the  place  of  beginning ; Provided,  how- 
ever, and  this  ordinance  is  passed  upon  the  express  condition  that 
the  proprietors  and  parties  interested  in  the  cemetery  above 
described  release  and  waive  all  claim  of  right  to  make  interments 
or  enlarge  said  cemetery  beyond  the  limits  hereinbefore  mentioned, 
and  accept  the  boundaries  above  mentioned  as  the  permanent  limits 
of  said  cemetery. 


OTTO  SONNENSCHEIN. 

§ 11.  Otto  Sonnenschein  and  his  successors. 

•ff  1.  Title  and  date  of  passage. 

2.  Permission  to  establish  and  maintain  a cemetery. 

3-  Conditioned  upon  compliance  with  ordinances  and  indemnity. 
4.  Acceptance  hereof  and  execution  of  agreement  with  annual  fee, 
necessary  to  making  or  continuing  grant. 

Tf  1.  An  Ordinance  Authorizing  Otto  Sonnenschein  to  Establish  and  Main- 
tain a Cemetery  in  the  Village  of  Jefferson.  (Passed  February  13,  1889.) 

IT  2.  Permission  to  establish  cemetery.]  Be  it  ordained  by 
the  president  and  board  of  trustees  of  the  village  of  Jefferson: 


§»] 


CHARLES  VEERSEMA. 


11 


§ i.  That  Otto  Sonnenschein,  of  Chicago,  county  of  Cook  and 
state  of  Illinois,  and  his  successors,  be  and  are  hereby  granted 
permission  and  authority  to  establish  and  maintain  a cemetery  or 
place  of  sepulture  in  the  village  of  Jefferson,  and  for  such  purpose 
to  make  use  of  the  following  described  premises,  to  wit : Lot  num- 
ber five  (5)  in  the  subdivision  of  the  fractional  southeast  quarter 
(S.  E.  %)  of  section  three  (3),  township  forty  (40),  north,  range 
thirteen  (13),  east  of  the  third  principal  meridian  (south  of  the 
Indian  boundary  line)  in  the  town  of  Jefferson,  Cook  county,  state 
of  Illinois. 

1 3.  Subject  to  ordinances — indemnity.]  §2.  The  provisions 
and  authority  hereby  granted  are  upon  the  express  conditions  that 
said  Otto  Sonnenschein  and  his  successors  shall  comply  with  the 
requirements  of  any  and  all  ordinances  of  the  village  of  Jefferson 
now  in  force,  and  which  may  hereafter  be  in  force,  relating  to  the 
management  of  cemeteries;  and  shall  be  responsible  and  save 
harmless  the  said  village  from  any  claim,  suit  or  damage  growing 
out  of  the  maintenance  of  said  cemetery. 

1 4.  Acceptance — annual  fee.]  § 3.  The  provisions  and 
authority  hereby  granted  are  upon  the  further  express  condition 
that,  if  said  Otto  Sonnenschein  shall  fail  or  neglect  to  execute 
and  deliver  to  the  president  of  the  board  of  trustees  of  the  vil- 
lage of  Jefferson,  within  thirty  (30)  days  after  the  passage  and 
approval  of  this  ordinance,  an  agreement  in  writing  that  he 
and  his  successors  will  comply  with  the  requirements  of  any 
and  all  ordinances  of  the  village  of  Jefferson  now  in  force  and 
which  may  hereafter  be  in  force  relating  to  the  management  of 
cemeteries,  also  that  he  and  his  successors  will  be  responsible 
and  save  harmless  the  said  village  from  any  claim,  suit  or  damage 
growing  out  of  the  maintenance  of  said  cemetery,  and  further,  that 
he  and  his  successors  will  pay  the  stipulated  sum  of  fifty  ($50.00) 
dollars  per  annum  for  keeping  in  repairs  Crawford  avenue  from 
Milwaukee  avenue  to  said  lot  five  (5),  then  this  ordinance  shall  be 
null  and  void  and  the  passage  and  approval  thereof  of  no  effect 
whatsoever. 


CHARLES  VEERSEMA. 

12.  Charles  Veersema. 

IT  Title;  date  of  passage. 

IT  2*  Permission  to  establish  and  maintain  a cemetery  or  place  of 
sepulture. 

IT  3.  Subject  to  ordinances  and  to  indemnity. 


12 


CEMETERIES. 


[§r3 

i.  An  Ordinance  Authorizing  Charles  Veersema  to  Establish  and  Main- 
tain a Cemetery  in  the  Village  of  Jefferson.  (Passed  June  13,  1888.) 

1"  2.  Permission  to  establish  a cemetery.]  Be  it  ordained  by 
the  president  and  board  of  trustees  of  the  village  of  Jefferson: 
§ 1.  That  Charles  Veersema,  of  the  town  of  Jefferson,  Cook  county 
and  state  of  Illinois,  and  his  legal  successors  and  assigns,  be  and 
are  hereby  granted  permission  and  authority  to  establish  and 
maintain  a cemetery,  or  place  of  sepulture,  in  the  village  of  Jeffer- 
son, and  for  such  purpose  to  make  use  of  the  following  described 
premises,  to  wit:  The  east  one-half  {%)  of  the  south  forty  (40) 

acres  of  the  northeast  one-quarter  (}()  of  section  nineteen  (19), 
township  forty  (40),  range  13  east,  etc.,  in  the  town  of  Jefferson, 
county  of  Cook  and  state  of  Illinois. 

1 3.  Subject  to  ordinances — indemnity.]  § 2.  The  pro- 

visions and  authority  hereby  granted  are  upon  the  express  condition 
that  said  Charles  Veersema  and  his  successors  or  assigns  shall 
comply  with  the  requirements  of  any  and  all  ordinances  of  the 
village  of  Jefferson,  now  in  force  or  which  may  hereafter  be  in 
force,  relating  to  the  management  of  “cemeteries,,,  and  shall  be 
responsible  for  and  indemnify  and  save  harmless  the  said  village 
from  any  claim,  suit  or  damage  growing  out  of  the  maintenance  of 
said  cemetery. 


SISTERS  OF  THE  POOR  CLAIR. 

§ 13.  Sisters  of  the  Poor  Clair. 

ir  1.  Title  and  date  of  passage. 

^ 2.  Permission  to  use  a private  cemetery. 

^ 3.  Subject  to  ordinance. 

^ 4.  In  force. 

1.  An  Ordinance  to  Establish  a Cemetery  for  the  Sisters  of  the  Poor 
Clari.  (Passed  June  8,  1897.) 

1 2.  Permission  to  use  a private  cemetery.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission 
and  authority  is  hereby  granted  to  the  Sisters  of  the  Poor  Clair, 
located  in  the  city  of  Chicago,  to  use  a private  cemetery  within 
their  grounds  for  the  interment  of  members  of  their  order  who  die 
while  residing  at  their  institute.  The  premises  to  be  used  as  a 
cemetery  is  situated  in  Chicago,  Cook  county,  111.,  described  as: 
Lots  25,  26,  27,  28,  29,  30,  31,  32,  33,  34,  35  and  36,  P.  S.  Barber’s 
subdivision  of  section  8,  township  38,  north  of  range  14. 

1 3.  Subject  to  ordinances.]  § 2.  This  permit  is  granted 

subject  to  the  requirements  of  sections  837  and  836,  article  6,  of 
the  revised  code  of  the  city  of  Chicago,  1897. 


I 


§ 13a]  JAMES  P.  SHERLOCK  13 

T 4.  In  force.]  § 3.  This  ordinance  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 


JAMES  P.  SHERLOCK. 

§ 13a.  James  P.  Sherlock.  (Order  of  city  council,  passed 
January  10,  1898.) 

IT  1.  Title. 

2.  Permission  to  maintain  a public  cemetery,  on  certain  premises. 

TT  1.  An  Order  Granting  Permission  to  James  P.  Sherlock  to  Maintain  a 
Public  Cemetery. 

1 2.  Permission  to  use  land  for  cemetery.]  It  is  hereby 
ordered  that  permission  and  authority  of  the  city  council  of  the 
city  of  Chicago,  be  and  is  hereby  given  to  James  P.  Sherlock,  his 
heirs,  administrators,  executors  and  assigns,  to  establish  and  main- 
tain a public  cemetery  upon  the  following  described  real  estate  in 
Cook  county,  to  wit:  The  northwest  quarter  (N.  W.  5^),  except 

the  north  twenty  (20)  acres  of  the  east  half  (E.  thereof,  and 
that  part  of  the  east  half  (E.  %)  of  the  southwest  quarter  (S.  W.  %), 
lying  north  of  Whiskey  Point  road,  of  section  twenty- five  (25), 
township  forty  (40)  north,  range  twelve  (12),  east  of  the  third  (3rd) 
principal  meridian,  in  the  town  of  Leyden,  Cook  county,  Illinois, 
and  to  do  all  things  necessary  to  the  proper  maintenance  of  such 
cemetery.  [See  § 2225,  79,  pp.  512-3,  Rev.  Code.] 


CHAPTER  II.— ELECTRIC  LIGHT,  HEAT  AND  POWER. 

§ 13.  American  Gas  Engine  Electric  Company. 

§14.  Agreement  as  to  the  foregoing  grant  (§  13,  supra). 

| 15.  Auburn  Park  Electric  Light,  Heat,  Power  and  Railroad  Company. 
§16.  Bachelle,  Otto  V. 

§ 17.  Chicago  Edison  Company. 

§ 18.  Chicago  Sectional  Electric  Underground  Company. 

§ 19.  Henry  Corwith  and  his  associates  and  successors. 

§ 20.  Citizens’  Electric  Lighting  and  Power  Company. 

§21.  John  Lewis  Cochran. 

§*2 1.  John  Lewis  Cochran.  Amendment  to  preceding. 

§f2i.  John  Lewis  Cochran.  Extension. 

§ 22.  Consumers’  Electric  Light  Company. 

§*22.  Consumers’  Electric  Light  Company.  Blue  Island  Avenue  extension. 
| 23.  Co-operative  Electric  Light  Company. 

§ 24.  Cosmopolitan  Electric  Company. 

§*24.  Cosmopolitan  Electric  Company.  Repealed. 

§ 25.  Englewood  Electric  Light  Company,  Town  of  Lake. 

§*25.  Englewood  Electric  Light  Company,  village  of  Hyde  Park. 

§ 26.  Fort  Wayne  Jenny  Electric  Light  Company. 

§*26.  Garfield  Electric  Light  Company. 

§ 27.  Charles  F.  Hartwig  and  Edward  Ahlswed. 

§ 28.  Hyde  Park  Electric  Light  and  Power  Company. 

| 29.  Hyde  Park  Thompson- Houston  Light  Company. 

§ 30.  Lake  Electric  Lighting  Company. 

§31.  Lake  View  Electric  Light  Company. 

§ 32.  Lowry,  Butler. 

§ 33.  Miller,  Robert  C. 

§*33.  Miller,  Robert  C. 

§ 34.  Mutual  Electric  Light  and  Power  Company. 

§ 35.  People’s  Electric  Light  and  Motor  Company. 

§ 36.  Amendment  to  § 35,  supra. 

§ 37.  People’s  Light  and  Power  Company. 

| 38.  Persons,  Fred  H. 

§ 39.  Sherman,  John  B.,  and  others. 

§ 40.  Sparr  & Weiss. 

§*40.  Sparr  & Weiss.  Additional. 

§ 41.  Suburban  Electric  Company. 

§ 42.  Sun  Electric  Company. 

§ 43.  Town  of  Lake  District  Telegraph  and  Electric  Company. 

§*43.  Town  of  Lake  District  Telegraph  and  Electric  Company.  Amend- 
ment. 

8 44.  Town  of  Lake  Electric  Light  Company. 

§ 45.  Western  Edison  Light  Company. 

§*45.  Western  Edison  Light  Company.  Hyde  Park. 

§ 46.  Western  Electric  Company. 

§*46.  Amendment  to  preceding. 

§ 47.  Western  Light  and  Power  Company. 

§ 48.  United  Telegraph,  Telephone  and  Electric  Company. 

§ 49.  Yondorf,  Charles. 

(See  appendix). 


14 


§ 13]  AMERICAN  GAS  ENGINE  ELECTRIC  COMPANY.  15 

AMERICAN  GAS  ENGINE  ELECTRIC  COMPANY. 

§ 13.  American  Gas  Engine  Electric  Company. 

Tf  1.  Title  and  date  of  passage. 

2.  Permission;  authority  to  lay  and  maintain  heavy  iron  or  steel 

three-inch  conduits  for  electric  wires  across  Clark  street  and 
across  Dearborn  street. 

3.  Restoration  of  streets. 

4.  Charges  prescribed ; compensation  to  the  city. 

5.  Term  of  grant,  twenty  years. 

•ft  6.  Acceptance  to  be  in  writing  with  bond  of  indemnity. 

•ft  7.  When  in  force. 

1.  An  Ordinance  Authorizing  The  American  Gas  Engine  Electric  Company  to 

Operate  an  Electric  Light  and  Power  Plant  Within  Certain  Territory. 

(Passed  November  n,  1895.  Accepted  November  25,  1895.) 

T 2.  Grant— streets  designated.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § i.  That,  in  consideration  of  the 

acceptance  of  the  terms  and  conditions  of  this  ordinance,  permission 
and  authority  are  hereby  granted  to  the  American  Gas  Engine 
Electric  Company  to  lay  and  maintain  heavy  iron  or  steel  three-inch 
pipes  as  conduits  for  electric  wires  across  the  following  named 
streets  or  alleys  at  the  points  designated,  to  wit : 

One  such  pipe  across  Clark  street  from  the  north  one-half  of 
block  34  to  the  north  one-half  of  block  35 ; one  such  pipe  across 
Clark  street  from  the  south  one-half  of  block  17  to  the  south  one-half 
of  block  18;  one  such  pipe  across  Dearborn  street  from  the  south 
one-half  of  block  17  to  the  south  one-half  of  block  16;  one  such 
pipe  across  Lake  street  from  the  south  one-half  of  block  17  to  the 
north  one-half  of  block  35,  all  in  the  original  town  of  Chicago,  and 
one  such  pipe  across  each  alley  in  the  said  blocks.  Said  pipes  shall 
be  laid  as  nearly  as  practicable  at  right  angles  with  the  streets  or 
alleys  intersected,  and  shall  be  laid  not  less  than  four  feet  below 
the  surface  of  said  streets  or  alleys,  and  shall  be  laid  by  excavating 
from  the  surface,  and  not  by  driving  or  tunneling.  Said  pipes  and 
electric  wires  when  laid  shall  be  maintained  and  operated  in  accord- 
ance with  and  subject  to  all  the  provisions  of  the  ordinances  of  the 
city  of  Chicago  applicable  to  such  maintenance  and  operation. 

If  3.  Restoration  of  streets.]  § 2.  The  said  American  Gas 
Engine  Electric  company  shall  not  at  any  time  disturb  or  injure 
any  conduit,  water  or  gas  pipe,  sewer  or  any  other  underground 
structure  in  said  streets  or  alleys,  and  shall  not  disturb  the  surface 
of  any  street  or  alley  until  they  shall  first  deposit  with  the  depart- 
ment of  public  works  a sum  of  money  sufficient  to  pay  for  the 
propel*  restoration  of  such  street  or  alley,  the  amount  of  such  sum 
or  sums  of  money  to  be  estimated  by  the  department  of  public 
works,  and  no  permit  shall  be  issued  by  said  department  of  public 
works  to  said  company  until  said  company  shall  have  deposited  the 
amount  so  estimated. 

1 4.  Charges  prescribed — compensation  to  city.]  § 3.  Said 


16 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  13 


American  Gas  Engine  Electric  company  shall  not  charge  any  private 
consumer  a sum  exceeding  eight  (8)  mills  per  hour  for  each  standard 
sixteen  candle  power  incandescent  light,  nor  more  than  that  amount 
for  the  same  quantity  of  electric  current  furnished  by  it  for  any  other 
purpose ; and  said  American  Gas  Engine  Electric  company  shall  pay 
to  the  city  of  Chicago  a sum  equal  to  three  (3)  per  cent,  of  its  gross 
receipts  from  all  revenues  derived  from  the  plant  hereby  authorized, 
said  payments  to  be  made  to  the  city  collector  at  the  expiration  of 
each  six  months  from  the  date  of  its  acceptance  of  this  ordinance, 
and  each  payment  shall  be  accompanied  by  an  affidavit  subscribed 
and  sworn  to  by  the  treasurer  or  other  duly  authorized  officer  or 
agent  of  said  company  to  the  effect  that  the  amount  of  such  payment 
is  equal  to  three  (3)  per  cent,  of  said  company’s  gross  receipts,  as 
required  by  this  ordinance ; and  the  city  collector  or  the  city  comp- 
troller shall,  within  a reasonable  time  after  the  filing  of  said 
affidavit,  have  the  right  to  examine  the  books  and  accounts  of  said 
company  for  the  purpose  of  verifying  the  correctness  of  the  state- 
ments contained  in  such  affidavit  or  affidavits  accompanying  such 
payments. 

T 5.  Term  of  grant.]  § 4.  The  rights  and  privileges  hereby 
granted  shall  expire  at  the  end  of  twenty  (20)  years  from  and  after 
the  passage  of  this  ordinance. 

T 6.,  Acceptance — indemnifying  bond.]  § 5.  The  said  Ameri- 
can Gas  Engine  Electric  company  shall  file  in  writing  its  formal 
acceptance  of  the  terms  and  conditions  of  this  ordinance,  together 
with  a good  and  sufficient  bond  in  the  penal  sum  of  ten  thousand 
($10,000)  dollars,  with  sureties  to  be  approved  by  the  mayor  of  the 
city  of  Chicago,  conditioned  that  the  said  company  will  observe, 
perform  and  carry  out  all  the  provisions  of  this  ordinance,  and  will 
forever  indemnify,  save  and  keep  harmless  the  city  of  Chicago  from 
any  and  all  expense,  loss,  damages,  costs,  charges  and  liabilities  in 
any  way  arising  from  or  growing  out  of  the  provisions  of  this 
ordinance,  or  out  of  the  exercise  of  the  rights  and  privileges  hereby 
conferred  upon  said  American  Gas  Engine  Electric  company: 
Provided,  however,  that  the  giving  of  said  bond  or  the  recovering 
of  a judgment  or  judgments  thereon  by  the  city  of  Chicago  shall 
not  be  construed  as  measuring  or  limiting  the  liability  of  said  com- 
pany to  said  city  under  the  provisions  of  this  ordinance,  and  such 
bonds  shall  be  a continuing  liability  notwithstanding  any  such 
recovery  or  recoveries. 

7.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage  and  the  filing  of  said 
acceptance  and  bond  as  hereinbefore  provided  for;  but  if  such 
acceptance  and  bond  be  not  filed  within  thirty  (30)  days  from  the 
passage  hereof,  this  ordinance  shall  be  null  and  void. 

Note. — See  following  agreement. 


§ 14,  15]  AUBURN  PARK  ELECTRIC  LIGHT,  POWER,  ETC.,  COMPANY.  17 

§ 14.  Agreement  of  the  American  Gas  Engine  Electric  com- 
pany with  the  city  of  Chicago. 

If  1.  That  company  is  to  pay  the  city  five  (5)  per  cent,  of  its  gross 
receipts.  The  ordinance  was  passed  November  11,1895;  the 
agreement  bears  date  November  18,  1895. 

Agreement  of  the  American  Gas  Engine  Electric  Company  Relating  to  the 
Ordinance  of  said  Company.  (Passed  November  11,  1895.  Dated  Novem- 
ber 18,  1895;  presented  to  the  city  council  by  the  mayor  and  ordered  pub- 
lished and  placed  on  file  November  18,  1895. 

If  1.  Compensation  to  city  increased.]  In  consideration  of  the 
approval  by  the  mayor  of  the  city  of  Chicago,  subject  to  this  agree- 
ment, of  an  ordinance  passed  by  the  city  council  of  said  city  on  the 
nth  day  of  November,  1895,  granting  certain  privileges,  as  therein 
stated,  to  the  American  Gas  Engine  Electric  company,  the  said 
company  hereby  covenants  and  agrees  with  said  city  of  Chicago 
that  it  will  pay  to  said  city  five  (5)  per  cent,  of  its  gross  receipts 
instead  of  three  (3)  per  cent. , as  provided  in  and  by  section  three 
(3)  of  said  ordinance ; and  this  agreement  shall  modify  said  ordinance 
with  like  effect  in  all  respects  as  if  five  (5)  per  cent,  had  been  speci- 
fied in  said  section  instead  of  three  (3)  per  cent.,  and  the  city  of 
Chicago  and  its  officers  shall  have  like  rights  in  respect  to  the  addi- 
tional two  (2)  per  cent,  provided  for  by  this  agreement  as  if  it  had 
been  provided  for  by  said  ordinance. 

In  witness  whereof,  the  said  American  Gas  Engine  Electric 
company  has  caused  this  instrument  to  be  duly  executed  this  18th 
day  of  November,  1895. 

American  Gas  Engine  Electric  Company. 

[seal.]  By  J.  Ensign  Fuller,  President.  1 

Attest:  James  B.  Russell, 

Assistant  Secretary. 


AUBURN  PARK  ELECTRIC  LIGHT,  POWER,  HEAT  AND 
RAILROAD  COMPANY. 

§ 15.  Auburn  Park  Electric  Light,  Power  and  Railroad  com- 
pany. 

IT  1.  Title  and  date  of  passage. 

if  2.  Permission  to  erect  and  operate  electric  lights  and  to  maintain 
and  use  a system  of  electrical  conductors. 

IT  3.  May  erect,  maintain  and  use  poles,  wires  and  electric  conduct- 
ors. 

IT  4*  Acceptance  and  conditions. 

if  5.  Poles  as  far  as  practicable  to  be  in  alleys. 

if  6.  Subject  to  future  action  of  the  city  council. 


2 


18 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  15 


IF  7.  Restoration  of  streets. 

8.  Interference  with  use  of  street. 

IT  g.  Charges  prescribed. 

If  10.  Rights  of  the  city. 

IT  11.  Acceptance  and  bond  of  indemnity. 

IT  12.  Erection  of  plant. 

^[13.  Indemnity  clause. 

1.  An  Ordinance  Granting  Rights  and  Privileges  to  the  Auburn  Park 

Electric  Light,  Power,  Heat  and  Railroad  Company  in  Certain  Ter- 
ritory. (Passed  over  veto  April  21,  1891.) 

IT  2.  Grant.]'  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Fern  wood:  § i.  That  permission  and 

authority  be  and  the  same  are  hereby  granted  to  the  Auburn  Park 
Electric  Light,  Power,  Heat  and  Railroad  company,  a corporation 
of  the  state  of  Illinois,  its  successors  and  assigns,  to  erect  and 
operate  electric  lights,  and  to  erect,  maintain  and  use  one  or  more 
systems  of  electrical  conductors  above  or  underground  for  the  trans- 
mission of  electric  light,  power  and  heat,  or  either  of  them,  in  the 
streets  and  alleys,  except  as  hereinafter  provided,  of  the  village  of 
Fern  wood.  Provided  that  not  more  than  one  of  such  systems  shall 
be  used  or  in  operation  at  one  time. 

3.  Grant  for  poles,  etc.]  § 2.  That  permission  and  au- 
thority be  and  the  same  hereby  are  granted  to  the  said  Auburn 
Park  Electric  Light,  Power,  Heat  and  Railroad  company,  its  suc- 
cessors and  assigns,  to  erect,  maintain  and  use  poles,  wires  and 
electric  conductors,  and  also  to  lay,  maintain  and  use  one  or  more 
systems  of  underground  conduits  for  electrical  conductors  in  the 
streets  and  alleys,  of  the  said  village,  for  the  transmission  of  elec- 
tricity for  light,  heat  and  power,  in,  through,  under  or  over  the  said 
streets  and  alleys,  except  as  hereinafter  provided. 

1 4.  Acceptance  of  conditions.]  § 3.  The  permission  and 
authority  granted  by  the  foregoing  sections  of  this  ordinance  are 
granted  upon  the  following  conditions  and  limitations,  and  the 
acceptance  of  this  ordinance  by  the  Auburn  Park  Electric  Light, 
Power,  Heat  and  Railroad  company  shall  constitute  such  conditions 
and  limitations  as  a binding  agreement  on  the  part  of  said  com- 
pany, its  successors  and  assigns. 

IT  5.  Erection  of  poles,  where.]  § 4-  All  poles  shall  be 
erected  so  far  as  practicable  in  the  alleys  of  the  said  village,  but 
not  less  than  100  feet  apart,  and  said  streets  and  alleys  shall  not  be 
unnecessarily  obstructed  by  the  erection  or  maintenance  of  said 
poles,  or  by  the  suspending  or  maintenance  of  said  electrical  wires 
or  conductors,  or  by  the  laying  or  maintenance  of  said  conduits. 

1 6.  Subject  to  future  action  of  council.]  § 5.  The  board  of 

trustees  of  the  village  of  Fernwood  or  its  successors  may,  whenever 
in  its  opinion  the  public  safety  so  requires,  direct  any  changes  in 
respect  to  the  location  of  the  said  poles,  conductors  and  wires  erected 
under  the  authority  hereby  given,  and  cause  such  conductors  and 


15]  AUBURN  PARK  ELECTRIC  LIGHT,  POWER,  ETC.,  COMPANY.  19 


wires  to  be  placed  underground  upon  giving  to  said  company  rea- 
sonable time  within  which  to  make  such  change.  But  when  so 
placed  underground,  not  more  than  three  feet  in  width  of  such 
street  or  alley  shall  be  so  used  for  such  purpose,  and  such  system 
shall  be  placed  only  on  one  side  of  any  street  or  alley. 

1 7.  Restoration  of  streets.]  § 6.  The  said  company,  its 
successors  and  assigns  shall  not  in  any  manner  interfere  with  any 
sewers,  pipes,  cables,  wires  or  conduits  which  are  now  laid,  or  shall 
hereafter  be  laid,  in  any  of  said  streets  and  alleys,  except  by  the 
consent  of  the  superintendent  of  public  works  or  other  authorized 
officer  of  said  village  of  Fernwood,  or  its  successor,  and  whenever 
said  company  shall  open  any  street  or  alley  or  district,  or  interfere 
with  any  sewer,  pipe,  cable,  wire  or  conduit  therein,  the  same  shall 
be  forthwith  restored  to  as  good  condition  as  before  such  opening, 
disturbance  or  interference,  by  and  at  the  expense  of  said  company, 
its  successors  or  assigns,  and  under  the  direction  and  to  the  satis- 
faction of  the  said  superintendent  of  public  works  or  other  author- 
ized officer ; and  in  case  said  company,  its  successors  or  assigns  shall 
fail  to  make  such  restoration,  the  same  may  be  done  by  said  village, 
and  said  company,  its  successors  and  assigns,  shall  be  liable  for  the 
cost  thereof. 

*1"  8.  Interference  with  use  of  streets.]  § 7-  The  said  com- 
pany, its  successors  and  assigns,  shall  when  so  ordered  by  the  board 
of  trustees  of  said  village  of  Fernwood,  remove  or  change  without 
cost  to  said  village,  any  pole,  wire,  conductor  or  conduit,  which 
may  interfere  with  the  public  use  of  any  street,  alley,  park  or 
public  grounds,  and  in  case  said  company,  its  successors  or  assigns 
shall  fail  to  make  such  removal  or  change,  then  the  same  may  be 
done  by  said  village,  and  said  company,  its  successors  and  assigns 
shall  be  liable  to  the  cost  thereof. 

1”  9.  Charges.]  § 8.  Said  company,  its  successors  or  assigns, 
shall  not  charge  any  private  consumer  a sum  exceeding  one  cent 
per  hour  for  each  sixteen  candle  power  light ; where  meter  is  used, 
meters  to  be  placed  where  wanted,  without  cost  to  consumer,  or 
thirty  cents  per  light  a month  without  meter,  and  all  light  fur- 
nished to  said  village  of  Fernwood  by  said  company,  its  successors 
and  assigns,  shall  be  furnished  at  the  rate  of  fifty  cents  per  light 
per  month,  and  said  village  shall  be  lighted  by  at  least  one  hundred 
or  more  incandescent  lights.  And  said  lights  shall  burn  every 
night  without  exception,  from  dusk  to  daylight.  And  said  Auburn 
Park  Electric  Light,  Power,  Heat  and  Railroad  company  shall 
furnish  one  hundred  or  more  poles  which  are  necessary  to  support 
such  lights,  free  of  cost  to  the  village.  And  said  village  is  not  to 
be  bound  by  the  provisions  of  this  ordinance  relating  to  the  light- 
ing of  said  village,  until  its  present  contract  with  the  Globe  Light 
and  Heat  company  expires. 


20  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  g 15,  16 

T 10.  Rights  of  city.]  § 9.  Said  village  of  Fernwood  shall  have 
the  right  to  place  wires  belonging  to  and  used  by  said  village  for 
telephone,  police  and  fire  service,  upon  any  of  the  poles  or  in  any 
of  the  conduits  of  said  company,  its  successors  or  assigns,  without 
any  other  consideration  than  the  passage  of  this  ordinance. 

If  11.  Acceptance  and  bond.]  § 10.  This  ordinance  shall  not 
take  effect  until  the  said  company  shall  file  with  the  village  clerk 
of  said  village  its  written  acceptance  of  this  ordinance,  and  give 
a bond  in  the  sum  of  $10,000  as  a guarantee  of  the  faithful  perform- 
ance of  the  conditions  of  this  ordinance. 

If  12.  Erection  of  plant.]  § 11.  And  said  Auburn  Park 
Electric  Light,  Power,  Heat  and  Railroad  company  will,  within 
twelve  months  from  the  date  of  passage  of  this  ordinance,  establish 
and  have  in  proper  order  for  lighting  the  village  of  Fernwood,  the 
electric  light  plant  herein  stated. 

13.  Indemnity  clause.]  §12.  In  consideration  of  the  rights 
and  privileges  hereby  granted  the  said  Auburn  Park  Electric  Light, 
Power,  Heat  and  Railroad  company,  its  successors  and  assigns 
shall,  by  such  acceptance,  agree  to  indemnify  and  hold  harmless 
the  said  village  of  Fernwood  against  all  claims  for  damages  which 
may  be  occasioned  or  arise  or  grow  out  of  the  exercise  by  said  com- 
pany, its  successors  or  assigns,  of  any  of  the  rights  or  privileges 
hereby  granted.  And  in  case  such  plant  is  not  in  proper  working 
order  within  said  six  months,  then  said  company  shall  furnish  kero- 
sene lights  to  said  village  until  such  plant  is  in  proper  working 
order,  at  the  contract  price  of  fifty  cents  per  light. 


OTTO  V.  BACHELLE. 

§ 16.  Bachelle,  Otto  V.' 

•ff  1.  Title  and  date  of  passage. 

If  2.  Permission  to  construct  and  maintain  a line  or  lines  of  wire  or 
other  electric  conductors,  to  be  used  in  transmitting  light 
and  power. 

If  3.  Insulation. 

if  4.  Restoration  of  streets. 

if  5.  Damages. 

if  6.  Bond  to  indemnify. 

if  7.  Liability  not  limited  by  amount  of  the  bond. 

If  8.  Extension  of  the  system  ; term,  twenty  years. 

if  9.  To  light  street  intersections. 

if  10.  Acceptance;  compensation. 

if  11.  Forfeiture  for  non-compliance. 

if  12.  Charges. 

if  13.  In  force,  when. 


OTTO  V.  BACHELLE. 


21 


§16] 

•ff  i.  An  Ordinance  Granting  Permission  and  Authority  to  Otto  V.  Bach- 

elle  to  Construct  and  Maintain  in  Certain  Streets  a Line  or  Lines 

of  Wires  to  be  Used  for  Transmitting  Electricity  for  the  Purpose  of 

Furnishing  Light,  Heat  and  Power.  (Passed  October  io,  1892.  Accepted 

October  29,  1892.) 

2.  Grant — route — joint  user.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That,  permission  and  authority 
is,  hereby,  granted  to  Otto  V.  Bachelle  to  construct  and  maintain 
in  the  streets  and  alleys  and,  with  the  consent  of  the -adjacent 
property  owners,  in  or  under  the  sidewalks  of  that  portion  of  the 
city  of  Chicago  described  as  follows : In  and  along  Madison  street 

between  Center  avenue  and  Ogden  avenue  and  across  any  streets 
intersecting  Madison  street  between  said  points,  and  in,  along  and 
across  the  alley  immediately  north  of  Madison  street  and  the  alley 
immediately  south  of  Madison  street,  between  said  Center  avenue 
and  Ogden  avenue,  a line  or  lines  of  wires  or  other  electric  conduct- 
ors, to  be  used  for  transmitting  electricity,  for  the  purpose  of 
furnishing  light  and  power ; said  conductors  to  be  placed  in  such 
parts  of  said  streets  and  alleys  as  shall  be  designated  in  the  written 
permit  hereinafter  mentioned;  provided,  that  in  any  street  where 
the  Chicago  Sectional  Electric  Underground  company,  or  any 
other  conduit  system,  has  completed  conduits,  or  may  hereafter  lay 
conduits,  then  said  Otto  V.  Bachelle,  desiring  to  use  said  streets, 
shall  lay  his  wires  in  such  conduits  or  in  conduits  of  his  own,  and, 
when  said  Otto  V.  Bachelle  shall  build  conduits  of  his  own,  he  shall 
allow  the  wires  or  conductors  of  any  other  person  or  persons,  com- 
pany or  corporation  to  be  placed  in  such  conduits  at  an  annual 
rental  equal  to  that  charged  by  any  other  conduit  company.  He 
shall  permit  the  city  of  Chicago  to  use  the  conduits  of  said  Otto  V. 
Bachelle  free  of  cost  to  said  city. 

1 3.  Insulation — supervision.]  § 2.  Where  streets  or  alleys 
shall  be  crossed  by  connecting  lines,  wires  or  conductors  which  are 
run  under  or  in  sidewalks,  such  lines,  wires  or  conductors  shall  be 
laid  as  directed  by  the  commissioner  of  public  works.  All  such  lines 
or  wires  shall  be  underground,  properly  insulated,  and  shall  be 
constructed  under  the  supervision  and  to  the  satisfaction  of  the 
commissioner  of  public  works,  or  such  other  officer  or  department 
of  the  city  government  as  may,  hereafter,  be  designated,  by  ordi- 
nance, to  perform  the  duties  of  such  commissioner.  No  wires  shall 
be  laid  unless  a plat  shall  be  filed  with  the  commissioner  of  public 
works,  designating  the  streets,  squares  and  alleys  in  which  it  is 
proposed  to  locate  the  same  and  a plat  of  the  circuit  of  wires  com- 
pleted, shall  be  filed,  with  the  commissioner  of  public  works,  before 
the  same  are  used,  and  any  change  in  the  same  shall  be  reported 
to  the  commissioner  of  public  works. 

•[  4.  Restoration  of  streets — permits.]  § 3.  ' Said  Otto  V. 
Bachelle  shall  do  no  permanent  injury  to  any  street  or  alley,  or,  in 
any  manner,  to  interfere  with  any  water,  sewer  or  gas  pipe,  tele- 


4 


22 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  16 


graph  or  electric  wires,  cables  or  pipes  which  are  now  or  may  here- 
after be  laid  by  the  city  of  Chicago  or  any  authorized  company  or 
corporation ; and,  when  said  Otto  V.  Bachelle  shall  open  ground  in 
any  street  or  alley,  or  shall  lay  his  conductors  under  any  sidewalk 
or  in  any  tunnel,  he  shall  forthwith  restore  the  street,  alley  or  side- 
walk, water  pipe,  sewer  or  gas  pipe  to  as  good  condition  as  before, 
at  the  expense  of  said  Otto  V.  Bachelle  and  under  the  direction  and 
supervision  and  to  the  satisfaction  of  the  department  of  public  works 
of  said  city ; and,  if  said  Otto  V.  Bachelle  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  said  city  and  the  said  Otto  V.  Bachelle 
shall  be  liable  for  the  cost  thereof;  and  said  Otto  V.  Bachelle  shall 
not  make  any  excavation  in  any  street,  avenue  or  alley  without  first 
procuring  a written  permit  for  that  purpose  from  the  department 
of  public  works  of  said  city,  which  permit  shall  specify  the  part  of 
the  street,  alley  or  avenue  where  the  conductor  or  conductors  of 
said  Otto  V.  Bachelle  shall  be  laid.  When  any  excavations  shall 
be  made  by  said  Otto  V.  Bachelle,  in  any  street  or  alley,  the  foun- 
dation boards  or  planks  shall  be  removed  without  being  cut ; unless 
such  cutting  shall  be  specially  permitted  by  the  department  of 
public  works  of  said  city.  The  said  Otto  V.  Bachelle  shall,  upon 
notice  from  the  department  of  public  works  of  said  city,  forthwith 
remove  or  change  any  conductor  which  may  be  in  the  way  of  or 
interfere  with  the  construction  or  erection  of  any  viaduct,  public 
building  or  other  public  structure  within  said  city. 

T 5.  Damages.]  § 4.  Said  Otto  V.  Bachelle  shall  be  liable  to 
and  shall  compensate  the  city  of  Chicago  and  pay  any  private  indi- 
vidual, owner  or  owners,  or  parties  interested  in  any  property 
adjacent  to  any  streets,  avenue  or  alley  opened  or  injured  by  it  for 
all  damages  which  may  result  from  or  by  reason  of  said  Otto  V. 
Bachelle  having  negligently  opened,  incumbered,  protected  or 
guarded  any  such  street,  avenue  or  alley  in  said  city,  or  from  or  by 
reason  of  any  negligence  or  fault  on  the  part  of  said  Otto  V. 
Bachelle  in  the  exercise  of  any  of  the  privileges  granted  by  this 
ordinance. 

6.  Bond.]  § 5.  Nothing  in  this  ordinance  shall  be  con- 
strued as  conferring  any  exclusive  rights  or  privileges  upon  said 
Otto  V.  Bachelle ; and  this  ordinance  shall  not  take  effect  until  the 
said  Otto  V.  Bachelle  shall  have  executed  a bond  to  the  city  of 
Chicago  in  the  penal  sum  of  $5,000,  with  sureties  satisfactory  to 
the  mayor  of  said  city,  conditioned  to  pay  to  the  city  of  Chicago 
the  sum  and  sums  of  money  hereinafter  provided  to  be  paid  to  said 
city  and  to  indemnify  and  save  harmless  the  city  of  Chicago  of  and 
from  all  damages  which  may  accrue,  or  which,  in  any  way,  may 
arise  or  grow  out  of  the  exercise  by  said  Otto  V.  Bachelle  of  the 
privileges  herein  granted,  and  said  bond  shall  be  executed  and 
approved  within  sixty  (60)  days  from  the  passage  of  the  ordinance. 


OTTO  V.  BACHELLE. 


23 


§ i6i 

If  7.  Liability  not  measured  by  bond — subject  to  ordinances.] 

§ 6.  The  liability  of  said  Otto  V.  Bachelle  to  said  city,  or  to  any 
person  or  company  who  may  be  injured  by  the  exercise  by  said 
Otto  V.  Bachelle  of  any  of  the  rights  and  privileges  granted  by  this 
ordinance,  shall  not  be  limited  by  the  penalty  of  said  bond,  nor 
shall  the  remedy  against  said  Otto  V.  Bachelle  be  confined  by  the 
said  bond,  it  being  understood  that  such  remedy  is  merely  cumula- 
tive and  that  said  city  of  Chicago  and  any  person  or  persons  shall 
have  the  same  remedies  against  said  Otto  V.  Bachelle  as  it  or  they 
would  or  might  have  if  no  such  bond  were  given.  In  case  the 
duties  of  the  department  of  public  works  shall  be  devolved  by  said 
city  on  any  other  department  or  office,  the  permits  and  licenses 
herein  mentioned  shall  be  applied  for  to  such  department  or  officer, 
and  the  duties  herein  prescribed  to  be  performed  by  the  commis- 
sioner of  public  works  or  the  department  of  public  works,  shall  be 
performed  by  such  officer  or  department.  Said  Otto  V.  Bachelle 
shall  be  subject  to  all  general  ordinances  of  the  city  now  in  force, 
or  which  may  hereafter  be  passed  in  relation  to  companies  laying 
pipes  or  conductors  in  the  said  city  of  Chicago. 

1 8.  Extension  of  system— grant  twenty  years.]  § 7-  The 

said  Otto  V.  Bachelle  shall  extend  his  conductors  and  supply  elec- 
tricity upon  any  street  or  streets  within  the  territory  hereinbefore 
described  when  ordered  so  to  do  by  a majority  of  the  city  council; 
provided,  however,  that  the  said  Otto  V.  Bachelle  shall  not  be 
ordered  to  make  such  extensions  upon  any  street  or  streets  until 
consumers  enough  upon  such  street  or  streets  to  yield  a net  revenue 
of  six  per  cent,  per  annum  upon  the  whole  cost  of  such  extension 
shall  have  petitioned  the  council  for  the  same.  The  rights  and 
privileges  hereby  granted  shall,  at  the  expiration  of  twenty  years 
from  the  passage  of  this  ordinance,  absolutely  cease  and  deter- 
mine, it  being  the  true  meaning  and  intent  of  this  ordinance  to 
grant  the  said  rights  and  privileges  only  for  the  term  of  twenty 
years  from  its  passage. 

IT  9.  Light  street  intersections— cost  of.]  § 8.  Said  Otto  V. 
Bachelle,  if  so  requested  by  the  city  council  or  the  commissioner 
of  public  works,  shall  supply  and  maintain  one  electric  arc  light  of 
2,000  candle  power  each,  at  each  street  intersection  throughout  the 
territory  over  which  its  wires  shall  extend,  at  a price  not  to  exceed 
cost  of  same  as  produced  by  the  city  as  may  be  agreed  upon  between 
the  comptroller  of  the  city  of  Chicago  and  the  said  Otto  V.  Bachelle. 

IT  10.  Acceptance — compensation  to  city.]  § 9.  This  ordi- 
nance is  passed  upon  the  express  agreement  and  understanding 
that  the  said  Otto  V.  Bachelle,  before  availing  himself  of  any  of 
the  rights  or  privileges  granted  by  this  ordinance,  shall  file  with 
the  city  clerk  his  acceptance  of  all  the  terms  of  this  ordinance,  and 
shall  file  with  the  comptroller  of  the  city,  on  the  first  day  of  Jan- 
uary and  July  of  each  year,  a statement  of  the  gross  receipts  of  all 


24  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  1 7 

the  business  of  said  Otto  V.  Bachelle  within  the  city  of  Chicago  for 
the  six  months  next  preceding  such  statement,  which  statement 
shall  be  sworn  to  by  the  said  Otto  V.  Bachelle.  And,  at  the  time 
of  filing  such  statement,  the  said  Otto  V.  Bachelle  shall  pay  in  to 
the  city  treasury  five  (5)  per  cent,  on  the  amount  of  such  gross 
receipts.  Said  semi-annual  payment  shall  continue  during  the 
exercise  of  the  rights  and  privileges  granted  in  this  ordinance. 

T 11.  Forfeiture  of  rights,  when.]  § 10.  The  said  Otto  V. 
Bachelle  shall  not,  at  any  time,  lease,  sell,  transfer  or  assign  the 
rights  and  privileges  granted  under  this  ordinance  to  any  electric 
light  company,  nor  shall  the  said  Otto  V.  Bachelle  enter  into  any 
combination  with  any  electric  light  company,  heretofore  existing  or 
hereafter  created,  concerning  prices  to  be  charged  for  furnishing 
light,  heating,  power  or  signals,  either  to  the  city  or  private  con- 
sumers, nor  shall  said  Otto  V.  Bachelle  make  any  consolidation, 
transfer  or  division  of  the  territory,  streets  or  avenues  of  the  city 
with  any  other  electric  light  company  or  corporation,  for  the  oper- 
ation of  and  supplying  of  electricity  for  light  and  power.  Any 
violations  of  the  provisions  of  this  ordinance  shall  authorize  and 
entitle  the  city  of  Chicago  to  revoke  and  repeal  the  provisions  of 
this  ordinance. 

1 12.  Charge  to  consumers — control  of  council.]  §11.  And 

it  is,  further,  agreed  that  the  said  ordinance  is  accepted,  by  said 
Otto  V.  Bachelle,  upon  the  express  condition  that  the  city  council 
of  the  city  of  Chicago  shall  have  the  power  to  regulate,  control  and 
determine  the  rate  or  rates  that  shall  be  charged  to  the  consumers 
for  electric  light,  heat,  power  and  signals,  furnished  to  the  city  and 
public.  Such  price  to  be  determined  by  the  cost  of  manufacture 
and  a reasonable  profit  on  the  capital  invested. 

13.  When  to  take  effect.]  § 12.  This  ordinance  shall  be  in 
force  and  effect  from  and  after  its  passage  and  acceptance  in  writ- 
ing by  said  Otto  V.  Bachelle. 


CHICAGO  EDISON  COMPANY. 

§17.  Chicago  Edison  company. 

*T  1.  Title  and  date  of  passage. 

■[  2.  Permission  to  erect,  lay,  maintain  and  use  one  or  more^sys- 
tems  of  electrical  conductors  above  or  underground. 

■[  3.  Further  grant  to  lay,  maintain  and  use  an  underground  system 
of  conduits. 


CHICAGO  EDISON  COMPANY. 


25 


§ J7] 

If  4.  Further  grant  to  lay,  maintain  and  use  underground  a sys- 
tem of  steam  pipes. 

•fT  5*  Acceptance  to  constitute  a contract. 

i 6.  Restoration  of  streets. 

7.  Disturbance  of  the  streets,  pipes,  sidewalks,  etc. 

IT  8.  Charges  to  consumers. 

9.  Erection  of  the  plant. 

10.  Indemnity  bond,  etc. 

it  11.  Acceptance  and  bond. 

1.  An  Ordinance  Authorizing  the  Chicago  Edison  Company  to  Erect, 
Lay  and  Maintain  Electrical  Conductors  for  the  Business  of  Supply- 
ing Light  and  Power  for  Electrical  Purposes  Within  Certain  Terri- 
tory. (Passed  May  11,  1888.) 

T 2.  Grant  for  electrical  conductors.]  Be  it  ordained  by  the 
president  and  board  of  trustees  of  the  town  of  Lake:  § 1.  That 

permission  and  authority  be  and  the  same  is  hereby  granted  to  the 
Chicago  Edison  Company,  a corporation  organized  under  the  laws 
of  the  state  of  Illinois,  having  its  principal  office  in  Chicago,  its 
successors  or  assigns  to  erect,  lay,  maintain  and  use  one  or  more 
systems  of  electrical  conductors  above  or  underground,  in  the 
streets,  alleys,  places,  parks,  and  public  grounds  of  the  town  of 
Lake. 

f 3.  Grant  for  conduits.]  §2.  That  permission  and  authority 
be  and  the  same  is  hereby  granted  to  the  Chicago  Edison  Company 
to  lay,  maintain  and  use  an  underground  system  of  conduits  for  the 
purpose  of  occupying  and  using  the  same  for  electrical  conductors, 
in  the  streets,  alleys,  places,  parks  and  public  grounds  of  the  town 
of  Lake. 

% 4.  Grant  for  steam  pipes.]  § 3.  That  permission  and 
authority  be  and  the  same  is  hereby  granted  to  the  Chicago  Edison 
company  to  lay,  maintain  and  use  underground,  within  the  streets, 
alleys,  places,  parks  and  public  grounds  of  the  town  of  Lake  a sys- 
tem of  steam  pipes  for  heating  and  other  purposes. 

IT  5.  Acceptance  to  constitute  contract.]  § 4.  The  foregoing 
privileges  are  granted  to  the  Chicago  Edison  company  upon  the 
following  conditions  and  with  the  following  limitations  and  agree- 
ments, and  the  acceptance  of  this  ordinance  by  the  said  The 
Chicago  Edison  company,  shall  constitute  said  conditions,  limita- 
tions and  agreements  a binding  contract  upon  the  said  Chicago 
Edison  company. 

T 6.  Restoration  of  streets.]  § 5.  No  street,  alley,  place, 
park  or  public  ground  of  the  town  of  Lake  shall  be  entered  upon  by 
the  said  The  Chicago  Edison  company,  its  successors  or  assigns  for 
the  purpose  of  erecting,  laying,  using  or  maintaining  any  of  the 
works  or  constructions  above  mentioned,  or  using  said  street,  alley, 
place,  park  or  public  ground  of  the  town  of  Lake,  for  either  or 
any  of  the  purposes  mentioned  in  sections  1,  2 and  3 above,  without 
having  first  obtained,  in  each  instance,  from  the  president  and 


26 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  17 


board  of  trustees  of  said  town,  express  authority  and  permission  for 
the  specific  work  proposed ; and  in  each  and  every  instance  said 
work  shall  be  done  under  the  supervision  and  to  the  satisfaction  of 
the  superintendent  of  the  department  of  public  works  of  the  town 
of  Lake,  and  at  such  times  and  in  such  manner  as  the  said  president 
and  board  of  trustees  may  in  said  ordinance  or  resolution  designate, 
and  said  streets,  alleys,  places  or  public  grounds  shall  be  restored 
by  said  The  Chicago  Edison  company,  under  the  supervision  and 
to  the  satisfaction  of  the  superintendent  of  the  department  of  public 
works  of  the  town  of  Lake  without  any  expense  whatever  to  said 
town,  and  in  such  time  as  said  superintendent  of  the  department 
of  public  works  of  said  town  may  designate,  to  as  good  condition  as 
they  were  in  before  said  work  was  begun  by  said  company  and 
said  company,  by  the  acceptance  of  this  ordinance,  agrees  to  do  said 
work  and  to  make  said  restoration  as  herein  provided,  and  said 
company,  by  the  acceptance  of  this  ordinance,  further  agrees  to 
maintain  said  streets,  alleys,  places,  parks  and  public  grounds  for 
the  period  of  one  year  after  said  restoration  in  good  repair,  under 
the  supervision  and  to  the  satisfaction  of  the  superintendent  of  the 
department  of  public  works  of  said  town  and  without  expense  to 
said  town ; and  in  case  the  said  The  Chicago  Edison  company  shall 
refuse  or  neglect,  for  the  period  of  five  days  after  receiving  written 
notice  from  the  superintendent  of  the  department  of  public  works 
of  said  town  to  make  said  restoration  or  repairs,  then  said  superin- 
tendent of  the  department  of  public  works  may  cause  the  same  to 
be  done  in  such  manner  as  he  may  deem  proper ; and  the  expense 
of  such  work  shall  be  paid  by  said  company  on  demand  of  said 
town  of  Lake. 

T 7.  Disturbance  of  pipes,  sidewalks,  etc.]  § 6.  Whenever 
it  may  be  found  necessary,  in  making  any  of  the  constructions 
herein  contained,  or  contemplated  in  this  ordinance,  or  in  repairing 
the  same,  to  interfere  with  or  disturb  any  pavement,  sewer,  water 
pipe,  gas  pipe,  sidewalk  or  crosswalk,  the  same  shall  be  replaced 
and  restored  by  or  at  the  expense  of  the  Chicago  Edison  company 
or  its  assigns  and  without  any  expense  whatever  to  the  said  town 
of  Lake,  to  as  good  condition  as  the  same  was  in  before  said  work 
was  begun  by  said  company. 

*[  8.  Charge  to  consumers.]  § 7.  Said  company  shall  not 
charge  its  customers  to  exceed  the  sum  of  one  cent  per  hour  per 
sixteen  candle  power  light,  when  the  use  of  the  same  is  ascertained 
by  meter,  and  all  town  service  of  lights  shall  not  exceed  a like  sum 
as  charged  to  its  regular  customers  with  the  discount  thereon  to 
said  town  of  ten  per  cent. 

9.  Erection  of  plant.]  § 8.  Nothing  in  this  ordinance  shall 
be  construed  as  conferring  any  exclusive  rights  or  privileges  to  the 
Chicago  Edison  company,  its  successors  or  assigns,  and  it  is  further- 
more understood  and  by  the  acceptance  of  this  ordinance  agreed 


i7] 


CHICAGO  EDISON  COMPANY. 


27 


by  said  The  Chicago  Edison  company,  its  successors  and  assigns, 
that  within  one  year  after  the  passage  of  this  ordinance,  said  com- 
pany sljall  construct  in  said  town  of  Lake  a suitable  building  or 
dwellings  and  plant  for  the  purposes  specified  and  contained  in 
sections  i,  2 and  3 of  this  ordinance. 

1"  10.  Indemnifying  bond.]  § 9.  The  rights  and  privileges 
hereby  granted  are  granted  upon  the  further  express  conditions  that 
said  The  Chicago  Edison  company  will  first  enter  into  a bond  with 
the  town  of  Lake,  to  be  approved  by  the  president  and  board  of 
trustees  of  said  town,  with  good  and  sufficient  sureties,  in  the  penal 
sum  of  twenty  thousand  ($20,000)  dollars  conditioned  to  indemnify 
and  save  harmless  said  town  against  and  from  any  and  all  damages 
or  claims  for  damages,  judgments,  decrees,  costs  and  expenses  of 
the  same,  which  said  town  may  suffer  or  which  may  be  received  or 
obtained  against  said  town  for  or  by  reason  of  the  granting  of  the 
rights  and  privileges  in  this  ordinance  contained,  or  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from,  the  passage  of  this 
ordinance  or  any  resolution  or  ordinance  passed  allowing  the  said 
company  to  make  any  of  the  constructions  provided  for  in  sections 
1,  2 and  3 of  this  ordinance;  or  from  any  act  or  acts  of  the  said 
company  under  or  by  virtue  of  the  authority  herein  granted,  or  the 
failure  or  neglect  of  such  company  to  perform  each  and  every  of 
the  said  conditions  upon  which  this  ordinance  is  granted;  and  it 
is  hereby  further  provided  that,  upon  the  recovery  of  any  such  final 
judgment  or  decree  against  said  town,  as  aforesaid,  said  company 
shall  immediately  and  without  prior  payment  of  such  judgment  or 
decree  be  liable  to  pay,  and  shall  pay,  the  amount  or  amounts 
thereof  to  said  town,  and  the  fact  that  the  said  town  shall  not  have 
paid  such  judgment  or  decree  shall  constitute  no  defense  on  the 
part  of  said  company,  and  it  is  hereby  further  expressly  provided 
that  in  case  of  the  failure  on  the  said  The  Chicago  Edison  com- 
pany, its  successors  and  assigns  to  perform  any  of  the  conditions  or 
provisions  of  this  ordinance,  the  said  town  of  Lake  shall  not  be 
limited  to  an  action  upon  the  bond  of  said  company,  but  may 
declare  this  ordinance  and  the  rights  and  privileges  herein  contained 
forfeited,  and  may  proceed  at  once  against  the  said  company  in  any 
suit  or  action  at  law  or  in  equity  which  it  may  deem  advisable  or 
necessary  for  the  recovery  of  any  money,  damages  or  costs  which 
it  may  have  sustained  by  reason  of  such  breach  or  failure.  And  it 
is  hereby  further  provided  that  the  said  The  Chicago  Edison  com- 
pany shall  renew  said  bond  whenever  and  so  often  as  the  said  town 
of  Lake  may  desire  or  require. 

111.  Acceptance  and  bond.]  § 10.  This  ordinance  shall  not 
be  in  force  until  its  written  acceptance  by  said  The  Chicago  Edison 
company,  together  with  the  bond  herein  provided  for,  shall  have 
been  filed  with  the  clerk  of  said  town  of  Lake,  and  unless  said 
acceptance  and  said  bond  herein  provided  for  shall  be  executed  and 


28  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  l8 

filed  with  the  clerk  of  said  town  as  aforesaid  within  sixty  days  from 
the  date  of  the  passage  hereof,  this  ordinance  shall  be  null  and  void, 
and  in  case  of  a failure  on  the  part  of  said  The  Chicago  Edispn  com- 
pany, its  successors  and  assigns  to  keep  and  observe  each  and  every 
of  the  conditions  and  provisions  of  this  ordinance,  the  town  of  Lake 
shall  have  the  right  to  repeal  this  ordinance  and  to  forfeit  all  rights 
acquired  hereunder ; and  all  rights,  power  and  authority  conferred 
upon  the  town  of  Lake  or  its  officers  or  trustees  shall  rest  in  and  be 
exercised  by  the  municipal  corporation  or  its  officers,  trustees  or 
authorities  within  whose  limits  the  said  works  or  constructions  or 
any  part  thereof  may  be  situated. 


CHICAGO  SECTIONAL  ELECTRIC  UNDERGROUND 

COMPANY. 

(Successors  to  Henry  Corwith,  et  al.) 

§ 18.  Chicago  Sectional  Electric  Underground  company.  (Suc- 
cessors to  Henry  Corwith  and  associates.) 

1 i.  Title  and  date  of  passage. 

Tf  2.  Permission  to  construct,  maintain,  repair  and  operate  for 
twenty  five  years  a line  or  lines  of  wire  or  other  electric  con- 
ductors. 

*f  3.  How  constructed. 

4.  Subject  to  ordinances. 

If  5-  Work,  when  to  be  commenced. 

^f  6.  Joint  user;  agreement;  terms;  disagreement. 

If  7.  Corporation  to  be  formed  to  succeed  to  rights  and  privileges. 

if  8.  Restoration  of  streets. 

if  9.  Encumbering  streets ; protections. 

if  10.  Indemnifying  bond. 

it  11.  Liability  not  limited  by  bond. 

ff  i.  An  Ordinance  Granting  the  Right  to  Henry  Corwith  and  Others  to 

CUNSTRUCT  AND  MAINTAIN  UNDERGROUND  CONDUITS  FOR  THE  TRANSMISSION 

of  Electricity.  (Passed  July  31,  1882.) 

1"  2.  Grant — term,  twenty-five  years.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  be  and 

is  hereby  granted  to  Henry  Corwith,  William  C.  Grant,  Edward  S. 
Dreyer,  William  H.  Bradley  and  Edward  Koch,  or  the  survivors  of 
them,  and  their  successors,  to  construct,  maintain,  repair  and  oper- 
ate, in  the  public  streets,  avenues,  alleys  and  tunnels  of  the  city  of 
Chicago,  for  and  during  the  term  of  twenty-five  consecutive  years 
from  the  date  of  the  passage  of  this  ordinance,  a line  or  lines  of 


§ 1 8]  CHICAGO  SECTIONAL  ELECTRIC  UNDERGROUND  COMPANY.  29 

wire  or  other  electric  conductors,  together  with  all  necessary 
feeders  and  service  wires,  or  other  electric  conductors,  to  be  used 
exclusively  for  the  transmission  of  electricity,  for  the  purpose  of 
furnishing  light  and  power  and  for  the  transmission  of  sound. 

1 3.  Lines  underground,  how  constructed.]  § 2.  All  such 
line  or  lines  shall  be  underground,  except  through  the  tunnels, 
properly  insulated,  and  shall  be  constructed  under  the  supervision 
of  the  commissioner  of  public  works,  or  such  other  officer  or  depart- 
ment of  said  city  of  Chicago  as  may  be  designated  by  ordinance. 

14.  Subject  to  ordinances.]  §3.  This  grant  shall  be  subject 
to  any  and  all  ordinances  of  the  city  of  Chicago,  either  now  in  force 
or  hereafter  coming  in  force,-  in  relation  to  the  maintenance  of  un- 
derground lines  of  wire  or  other  electric  conductors,  in  the  streets, 
avenues,  alleys  and  tunnels  of  said  city. 

1 5.  Commencement  of  work,  when.]  § 4-  Said  persons 
named  in  section  1,  or  the  survivors  of  them,  or  their  successors, 
shall  commence  the  construction  of  said  system  within  six  months 
from  the  passage  of  this  ordinance,  and  shall  extend  the  same  as 
rapidly  as  the  city  council  may  require. 

1 6.  Joint  user  — terms— disagreement — arbitration.]  § 5. 

Said  persons  named  in  section  1,  or  the  survivors  of  them,  or  their 
successors,  shall  permit  any  other  person  or  persons,  company  or 
companies,  duly  authorized  by  ordinance,  to  use  said  system  upon 
such  terms  as  may  be  agreed  upon  by  the  respective  parties ; and 
in  case  they  cannot  agree,  such  terms  shall  be  fixed  by  arbitration 
of  three  persons,  one  chosen  by  the  persons  named  herein,  or  the 
survivors  of  them,  or  their  successors,  as  the  case  may  be;  one 
chosen  by  the  party  or  parties  desiring  to  use  said  system,  and  the 
third  by  the  two  thus  chosen. 

1 7.  Corporation  formed — rights  descend  to.]  § 6.  If  the 

said  Henry  Corwith,  William  C.  Grant,  Edward  S.  Dreyer, 
William  H.  Bradley  and  Edward  Koch,  or  the  survivors  of  them, 
shall  desire  to  form  a corporation  under  the  general  laws  of  this 
state,  for  the  purpose  of  doing  the  business  incident  to  this  grant, 
they  may  do  so ; and  thereupon  all  the  rights  and  privileges  herein 
granted  shall  pass  to  and  vest  in  such  corporation,  and  it  shall 
become  the  successor  of  said  persons  or  the  survivors  of  them,  as 
the  case  may  be,  subject  to  all  the  provisions  hereof,  which  shall 
thereupon  apply  to  and  be  binding  on  said  corporation  the  same  as 
they  do  or  may  [be]  on  the  persons  named  herein. 

*[  8.  Restoration  of  streets — permits.]  § 7.  Said  persons 
named  in  section  1,  or  the  survivors  of  them,  and  their  successors, 
shall  do  no  permanent  injury  to  any  street,  sidewalk,  alley,  avenue 
or  public  place  or  shade  tree,  or  in  any  manner  unnecessarily  disturb 
or  interfere  with  any  water  pipe,  sewer  'or  gas  pipe,  telegraph  or 


30 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  18 


electric  wires,  cables  or  pipes,  now  or  hereafter  laid  by  said  city  or 
any  authorized  company  or  corporation,  and  when  they  or  their 
successors,  as  the  case  may  be,  shall  open  ground  in  {he  same  they 
or  their  successors,  as  the  case  may  be,  shall  forthwith  restore  the 
street, pavement,  sidewalk  or  ground,  or  water  pipe,  sewer  or  gas  pine, 
to  a condition  equally  good,  as  before  at  their  or  their  successors’ 
own  expense,  as  the  case  may  be,  and  if  they  or  their  successors,  as 
the  case  may  be,  shall  fail  or  refuse  so  to  do,  the  same  may  be  done 
by  said  city,  and  they  or  their  successors,  as  the  case  may  be,  shall 
be  liable  for  the  cost  thereof,  and  they  or  their  successors  shall  not 
make  any  excavation  in  any  street,  alley,  avenue  or  public  place 
without  first  procuring  a permit  for  that  purpose  from  the  depart- 
ment of  public  works  of  said  city.  When  any  excavation  shall  be 
made  by  them  or  their  successors  in  any  street,  alley  or  public  place 
paved  with  wooden  blocks,  the  foundation  boards  or  planks  shall  be 
removed  without  being  cut,  unless  such  cutting  shall  be  specially 
permitted  by  the  department  of  public  works  of  said  city. 

T 9.  Encumbering  street — protections.]  § 8.  Said  persons 

named  in  section  i,  or  the  survivors  of  them  and  their  successors, 
shall  not  open  or  encumber  more  of  any  street,  avenue,  alley  or 
public  place,  at  any  one  time,  than  may  be  necessary  to  enable 
them  to  proceed  with  advantage  in  the  laying  of  any  such  wires  or 
conductors,  nor  shall  they  or  their  successors,  as  the  case  may  be, 
permit  any  such  street,  avenue,  alley  or  public  place  to  remain 
open  or  encumbered  for  a longer  period  than  shall  be  necessary  to 
execute  the  work  for  which  the  same  shall  have  been  opened,  or 
without  putting  up  the  necessary  barriers  and  lights  so  as  to  effect- 
ually prevent  the  happening  of  any  accident  in  consequence  of  such 
opening  or  encumbering  of  such  street,  alley,  avenue  or  public 
grounds. 

If  10.  Indemnity  bond.]  § 9.  This  ordinance  shall  not  take 
effect  until  the  said  persons  named  in  section  1,  or  the  survivors  of 
them,  or  their  successors,  shall  execute  a bond  to  the  said  city  of 
Chicago,  in  the  penal  sum  of  $50,000,  with  sureties  satisfactory  to 
the  mayor  of  the  city  of  Chicago,  conditioned  to  indemnify  and  save 
harmless  the  city  of  Chicago  of  and  from  all  damages  which  may  be 
occasioned,  or  which  in  any  way  may  accrue,  or  arise,  or  grow  out 
of  the  exercise  by  them,  or  the  survivors  of  them  or  their  succes- 
sors, of  the  privileges  hereby  granted. 

1 11.  Liability  not  limited  by  bond.]  § 10.  The  liability  of 
said  persons  named  in  section  1,  or  the  survivors  of  them  or  their 
successors,  as  the  case  may  be,  to  said  city  or  to  any  person  who  may 
be  injured  by  the  exercise  by  them  of  any  of  the  rights  and  privi- 
leges hereby  granted  shall  not  be  limited  by  the  penalty  of  said 
bond,  nor  shall  the  remedy  against  them,  or  their  successors,  as  the 
case  may  be,  be  confined  to  said  bond,  it  being  understood  that  such 
remedy  is  merely  cumulative,  and  that  said  city  of  Chicago,  and 


19]  CHICAGO  SECTIONAL  ELECTRIC  UNDERGROUND  COMPANY. 


31 


any  person  or  persons,  shall  have  the  same  remedies  against  them, 
or  their  successors,  as  the  case  may  be,  as  it  or  they  would  or  might 
have  if  no  such  bond  were  given. 

Note. — See  following  amendatory  ordinance. 

§ 19.  Henry  Corwith  and  his  associates,  successors. 

TT  1.  Title  and  date  of  passage. 

IT  2.  Amending  § 18,  6,  supra,  foregoing  ordinance. 

Tf  3.  Adding  If  12,  § n,  to  foregoing  ordinance. 

^f  4.  Adding  if  13,  § 12,  to  foregoing  ordinance, 
if  5.  Adding  if  14,  § 13,  to  foregoing  ordinance, 
if  6.  Acceptance  of  grant.  Repeal, 
if  7.  Extension  of  lines  when  required. 

Tf  1.  An  Ordinance  Amending  An  Ordinance  Granting  Certain  Rights  and 
Privileges  to  Henry  Corwith  and  Others,  Dated  July  31,  1885.  (Passed 
December  9,  1885.  Accepted  December  21,  1882,  by  Chicago  Sectional  Elec- 
tric Underground  company.) 

1 2.  Amending  section  5 of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the 

ordinance  passed  July  31st,  1882,  granting  certain  privileges  to 
Henry  Corwith  and  others,  their  survivors  and  successors,  be  and 
the  same  is  hereby  amended  in  the  following  manner : 

Section  5 of  said  ordinance  is  hereby  amended  so  as  to  read  as 
follows : 

§ 5.  Said  persons  named  in  section  1,  or  the  survivors  of  them 
or  their  successors,  shall  permit  by  lease  or  contract  any  other 
person  or  persons,  company  or  companies,  to  use  said  system  upon 
such  terms  as  may  be  agreed  upon  by  the  respective  parties,  and  in 
case  they  cannot  agree,  such  terms  shall  be  fixed  by  arbitration  of 
three  persons,  one  chosen  by  the  persons  named  herein,  or  the 
survivors  of  them  or  their  successors,  as  the  case  may  be,  one  chosen 
by  the  party  or  parties  desiring  to  use  said  system,  and  the  third  by 
the  two  thus  chosen : Provided,  however,  that  this  section  shall  not 

be  construed  as  permitting  any  person  or  corporation,  not  authorized 
by  ordinance,  to  lay  any  system  of  wires  or  conduits  in  the  streets 
of  the  city  other  than  said  persons  named  in  section  1,  or  the  sur- 
vivors of  them  or  their  successors,  but  meaning  hereby  to  require  of 
said  persons  and  their  successors  that  they  shall  permit  the  use 
of  their  system  to  other  persons  and  corporations  upon  the  terms 
herein  specified,  but  no  such  lease  or  contract  shall  be  sub-let  or 
assignable,  either  by  agreement  or  operation  of  law. 

if  3.  Adding  section  11.]  § 2.  The  said  ordinance  of  July 

31, st  1882,  is  hereby  further  amended  by  adding  at  the  end  thereof 
the  following  section,  to  be  known  as  section  1 1 : 

§ 11.  In  all  cases  where  the  Chicago  Sectional  Electric  Under- 
ground company  shall  desire  to  place  its  line  or  lines  of  feeder  or 
supply  wires,  to  supply  particular  blocks,  in  the  areas  under  the 
sidewalks,  the  commissioner  of  public  works  shall  issue  permits  for 
that  purpose,  subject  to  the  proviso  hereinafter  contained.  Such 
permits  shall  specify  that  the  said  line  or  lines  of  feeder  or  supply 


32 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  19 


wires  shall  be  laid  in  such  good  manner  that  they  will  least  incon- 
venience the  persons  occupying  such  sidewalk  space,  and  he  shall 
require  that  the  same  shall  be  made  entirely  safe  and  secure ; 

Provided,  that  nothing  in  this  ordinance  contained,  or  in  any 
prior  ordinance  heretofore  passed,  shall  be  construed  as  any 
authority  to  said  company  to  enter  into  any  area  or  space  under  any 
sidewalk  in  the  city  of  Chicago,  or  to  appropriate  or  use  the  same 
for  any  purpose  without  first  obtaining  from  the  owner,  or  owners, 
of  the  lot  or  lots  next  adjacent  to  and  abutting  upon  the  same,  his, 
her  or  their  consent,  in  writing,  to  such  use  of  the  same,  and  to  the 
terms  and  conditions  upon  which  said  area  or  sidewalk  space  may 
be  used. 

But,  provided,  further,  that  where  in  any  block  or  blocks  any 
property  owner  refuse  the  consent  above  provided  for,  then  in 
such  block  or  blocks  the  said  company  shall  have  the  right,  and  the 
commissioner  of  public  works  is  directed  to  permit  it,  to  lay  its 
supply  or  feeder  wires  next  outside  the  curb  wall  under  the  pave- 
ment, around  the  property  so  objected  for,  or,  at  its  election,  to 
erect  a hollow  iron  tube  or  pipe,  or  other  suitable  device  proper  for 
such  purposes,  in  the  alley  in  the  middle  of  each  of  such  blocks,  from 
which  to  distribute  the  necessary  supply  or  feeder  wires  for  such 
block  or  blocks. 

T 4.  Adding  section  12.]  § 3.  The  said  ordinance  of  July 

31st,  1882,  is  hereby  further  amended  by  adding  thereto  the  follow- 
ing section,  to  be  known  as  section  1 2 : 

§ 12.  Before  any  person  or  corporation  shall  be  allowed  to  use 
the  said  system  laid  under  this  ordinance,  a bond  shall  be  given  to  the 
city  by  such  person  or  corporation,  in  an  amount  and  with  sureties 
to  be  approved  by  the  commissioner  of  public  works,  conditioned 
to  indemnify  and  save  harmless  the  city  of  Chicago  of  and  from  all 
damage  which  may  be  occasioned,  or  which  may  in  any  way  accrue, 
or  arise,  or  grow  out  of  the  use  by  such  persons  or  corporation  of 
said  system  of  wires.  This  section  shall  apply  also  to  all  persons 
or  corporation  now  using  said  system  of  wires. 

1 5.  Adding  section  13.]  § 4.  The  said  ordinance  of  July 

31st,  1882,  is  hereby  further  amended  by  adding  the  following 
section,  to  be  known  as  section  13: 

§ 13.  In  consideration  of  the  privileges  granted  by  this  ordi- 
nance the  city  of  Chicago  shall  be  allowed  the  right,  at  all  times, 
to  use  the  said  system  and  all  extensions  of  the  same  to  the  extent 
of  one  duct  or  hole  as  now  provided  by  lease,  for  the  wires  of  the 
city  of  Chicago.  There  shall  be  repaid  to  the  city  of  Chicago  in 
installments  of  $500  a month,  upon  the  first  day  of  each  and  every 
month  hereafter  until  the  whole  shall  be  paid,  the  sum  of  $10,000, 
which  has  heretofore  been  paid  by  the  city  for  the  right  of  using 
said  system,  and  the  city  of  Chicago  shall  have  the  rights  and  privi- 
leges obtained  by  said  payment,  free  of  charge. 


20]  citizens’  electric  lighting  and  power  company. 


33 


«[  6.  Acceptance— repeal  of  grant.]  § 5.  This  ordinance 
shall  not  take  effect  unless  the  persons  named  in  section  1 of  said 
ordinance  of  July  31st,  1882,  or  their  successors,  shall  file  with  the 
city  clerk,  within  ten  days  from  the  passage  hereof,  an  acceptance 
of  this  ordinance,  and  this  ordinance  may  be  repealed  at  any  time 
upon  the  failure  to  make  the  payment,  or  any  of  them,  required  by 
the  last  preceding  section. 

T 7.  Extension  of  lines,  when  required.]  § 6.  The  persons 
named  in  said  ordinance  of  July  31st,  1882,  their  successors  and 
assigns,  shall  not  be  required  to  extend  the  system  authorized  to 
be  laid  down  and  maintained  by  them  more  rapidly  than  the  com- 
pensation to  be  derived  from  the  respective  expenditures  shall  equal 
6 per  cent,  interest  per  annum,  on  the  additional  expenditure 
demanded  by  such  extension,  and  the  grants  of  said  ordinance  of 
July  31st,  1882,  as  amended  and  qualified  hereby,  shall  be  subject 
only  to  future  general  ordinances  of  the  city  of  Chicago,  relating  to 
the  laying  down  and  maintenance  of  underground  wires. 


CITIZENS’  ELECTRIC  LIGHTING  AND  POWER  COMPANY. 

§ 20.  Citizens’  Electric  Lighting  and  Power  Company. 

If  1.  Title  and  date  of  passage. 

TT  2.  Permission  to  construct,  operate  and  maintain  electric  light 
works  (H.  P.). 

IT  3.  Underground  construction — exceptions. 

IT  4.  Feeders  and  service  pipes. 

IT  5-  Restoration  of  streets — permits. 

•fj*  6.  Indemnity  clause. 

7-  Acceptance  and  bond. 

IT  8.  Permits — by  whom  granted. 

TT  9.  Charges  to  consumers. 

IT  JO*  Rights  extend  to  successors. 

it  11.  Grantees  assume  obligations  by  acceptance. 

1.  Ordinance  Granting  Rights  to  the  Citizens’  Electric  Lighiting  and 
Power  Company  to  Construct,  Operate  and  Maintain  Electrc  Light 
Works  in  Certain  Territory.  (Passed,  approved  and  filed  February  20, 
1888.  Accepted  March  14,  1888.) 

It  2.  Grant  — boundaries.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park : § 1 . Permis- 
sion and  authority  are  hereby  granted  to  the  Citizens’  Electric  Light- 
ing & Power  Co.  to  construct,  operate  and  maintain  electric 
light  works  within  the  village  of  Hyde  Park,  with  the  right  of  way 
along,  upon  and  under  all  the  avenues,  streets,  alleys  and  public 
places  included  within  the  following  boundaries:  Lying  south  of 
Ninety-fifth  street  and  west  of  Lake  Calumet,  excepting  and  ex- 


34 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§ 


20 


eluding  therefrom  that  portion  of  said  territory  owned  by  the  Pull- 
man Land  company  at  the  date  of  the  passage  of  this  ordinance, 
for  the  purpose  of  placing,  operating,  maintaining  and  replacing 
one  or  more  lines  of  wire  or  other  electric  conductors  or  conduits 
and  all  necessary  feeders,  service  pipes,  service  wires,  conductors 
or  conduits  in  connection  therewith  to  be  used  for  transmitting 
electricity  for  the  purpose  of  lighting  or  motor  power. 

T 3.  Underground  construction — exception.]  § 2.  All  lines 
of  wire  conductors  or  conduits  for  the  transmission  of  electricity 
shall  be  properly  insulated,  and  when  directed  by  the  board  of  trus- 
tees, shall  be  underground  in  all  places  except  in  those  parts  of 
alleys  which  are  more  than  fifty  feet  from  the  building  line  at  the 
intersection  of  the  streets  with  said  alleys ; and  in  the  construction 
of  said  line  or  lines,  underground,  no  excavations  therefor  shall 
exceed  in  width  the  space  of  two  feet,  and  in  constructing  such 
lines  above  ground  and  in  those  parts  of  the  streets  and  alleys  in 
which  under  this  ordinance  the  location  of  the  wires  above  ground 
is  permitted,  said  wires  or  conductors  shall  be  properly  insulated 
and  supported  upon  substantial  poles  not  less  than  six  inches  in 
diameter,  at  the  small  end,  and  thirty  feet  in  length,  with  five  feet 
in  the  ground,  well  tamped;  said  poles  to  be  not  more  than  one 
hundred  and  fifty  feet  apart. 

IT  4.  Feeders  and  service  pipes.]  § 3.  In  laying  main  pipes 
for  conducting  wires  underground  in  the  streets  which  are  paved, 
said  grantees  shall  at  the  same  time  lay  all  feeders  and  service  pipes 
to  the  curb  line  of  the  streets  to  connect  with  each  building  lot 
along  the  line  of  said  line  of  pipe ; and  the  charge  to  any  person 
desiring  to  connect  with  such  feeder  or  service  pipe  shall  not 
exceed  the  sum  of  thirty  cents  per  foot,  for  such  feeder  or  service 
pipe. 

T 5.  Restoration  of  streets — permits.]  § 4.  The  said  gran- 
tees shall  do  no  permanent  injury  to  any  highway,  street,  sidewalk, 
alley,  or  public  place,  or  shade  trees,  nor  shall  they  in  any  man- 
ner interfere  with  any  water  pipes  or  sewer  pipes  which  may 
now  or  may  be  hereafter  laid  by  the  village  of  Hyde  Park, 
except  by  the  consent  of  duly  authorized  officers  of  said  village, 
and  when  said  grantees  shall  open  ground  in  any  highway, 
street,  avenue,  alley  or  public  place,  or  lay  pipes,  wires  or  conduct- 
ors under  any  sidewalk  or  expose  any  viaduct,  sewer  or  gas  pipe, 
said  grantees  shall  put  up  proper  signal  lights  and  shall  forthwith 
restore  the  street,  highway,  avenue,  alley,  water  pipe,  sewer  or  gas 
pipe  to  as  good  condition  as  before,  at  their  own  expense,  under 
the  direction  of  the  superintendent  of  public  works  or  other  au- 
thorized officer,  and  to  the  satisfaction  of  the  board  of  trustees  of 
said  village  or  the  officer  appointed  or  designated  by  said  board ; 
and  if  said  grantees  shall  neglect  or  refuse  so  to  do,  the  same  may 
be  done  by  said  village  and  said  grantees  shall  be  liable  for  and  by 


20 J citizens’  electric  lighting  and  power  company. 


35 


acceotance  of  this  ordinance  agree  to  pay  the  cost  and  entire  ex- 
pense thereof ; and  said  grantees  shall  not  make  any  excavation  in 
any  highway,  street,  avenue,  alley  or  public  place,  nor  erect  any 
poles,  without  first  procuring  a written  permit  for  that  purpose 
from  the  superintendent  of  public  works  or  other  duly  authorized 
officer  of  said  village,  which  permit  may  specify  which  part  of  the 
street,  sidewalk,  avenue,  alley  or  public  place  the  said  line  or  lines, 
conductor  or  conductors,  pipe  or  pipes  shall  be  laid.  When  an  ex- 
cavation shall  be  made  by  said  grantees  in  any  highway,  street, 
avenue,  alley  or  public  place,  paved  with  wooden  blocks,  the  foun- 
dation board  shall  be  removed  without  being  cut,  unless  such  cutting 
shall  be  specially  permitted  by  the  proper  officers  of  said  village ; 
the  said  grantees  shall  upon  notice  from  such  officer  of  said  village 
forthwith  remove  or  change  any  wire,  conductor  or  pipe  which  may 
be  in  the  way  of,  or  interfere  with  the  public  use  of  any  street,  in- 
cluding the  construction  or  erection  of  any  viaduct,  sewer  or  water 
pipes,  public  building  or  public  structure  within  said  village. 

1”  6.  Indemnity  clause.]  § 5.  Said  grantee  shall  be  liable  to, 
and  by  acceptance  of  this  ordinance  agree  to  compensate  the  village 
of  Hyde  Park,  and  pay  any  private  individual  owner  or  owners  or 
parties  interested  in  any  property  adjacent  to  any  highway,  street, 
avenue,  alley  or  public  place,  opened  or  injured  by  it,  for  all  dam- 
ages which  may  result  from  or  by  reason  of  said  grantees  having 
negligently  opened,  encumbered,  protected,  or  guarded  any  such 
highway,  street,  avenue,  alley  or  public  place  in  said  village,  or 
from  or  by  reason  of  any  negligence  or  fraud  on  the  part  of  said 
grantees  in  the  exercise  of  any  privilege  granted  by  this  ordinance. 

1 7.  Acceptance  and  bond.]  § 6.  The  rights  and  privileges 
hereby  granted  are  upon  the  express  condition  that  said  grantee 
shall  file  an  acceptance  thereof  in  writing  and  execute  a bond  to  the 
village  of  Hyde  Park  in  the  sum  of  ten  thousand  dollars  ($10,000) 
with  sureties  satisfactory  to  the  board  of  trustees  of  said  village, 
conditioned  to  indemnify  and  save  harmless  the  village  of  Hyde 
Park  of  and  from  all  damages  which  may  accrue  or  which  in  any 
manner  may  arise  or  grow  out  of  the  exercise  by  said  grantee  of 
the  privileges  hereby  granted;  and  said  acceptance  shall  be  filed 
and  said  bond  shall  be  executed  and  approved  within  sixty  days 
from  the  passage  of  this  ordinance ; the  execution  of  said  accept- 
ance and  said  bond  by  said  grantee  and  their  delivery  to  and  ap- 
proval by  said  board  of  trustees  shall  thenceforth  authorize  said 
grantee  to  exercise  all  and  singular  the  rights,  privileges  and  fran- 
chises hereby  granted. 

1 8.  Granting  of  permits— by  whom,]  § 7.  In  case  the 
duties  herein  prescribed  to  be  performed  by  the  superintendent  of 
public  works  or  other  authority,  shall  devolve  upon  any  other  de- 
partment, or  officer,  the  permits  and  licenses  herein  mentioned 
shall  be  granted  by  such  department  or  officer,  and  the  duties 


36  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  2o 

herein  imposed  upon  the  superintendent  of  public  works  shall  be 
performed  by  such  other  officer  or  department. 

1 9.  Charge  to  consumers.]  § 8.  The  rights  and  privilege 
hereby  granted  are  upon  the  express  condition  that  the  cost  and 
charges  of  furnishing  electric  light  to  individual  consumers  when 
furnished  by  said  grantee,  its  successors  or  assigns,  shall  not  ex- 
ceed the  following  rates,  to  wit : For  a large  standard  arc  light  of 
twelve  hundred  (1200)  candle  power,  the  sum  of  thirty  (30)  cents 
for  every  night  in  which  the  light  is  used  not  more  than  twelve 
hours,  excepting  for  the  first  year,  when  the  price  shall  be  forty 
(40)  cents,  and  for  the  incandescent  lights  a sum  not  exceeding 
five  (5)  cents  each  for  every  night  in  which  the  light  is  used  not 
more  than  twelve  hours,  and  the  cost  and  charges  for  furnishing 
electric  light  to  the  village  of  Hyde  Park  shall  not  exceed  the  fol- 
lowing rates,  to  wit:  For  arc  lights  when  furnished  and  used  three 
hundred  nights  in  a year,  for  standard  arc  light  of  twelve  hundred 
(12-00)  candle  power,  when  the  light  is  used  to  until  midnight  only  of 
each  night  not  to  exceed  the  sum  of  sixty  dollars  ($60)  per  light  per 
year;  for  standard  arc  light  of  twelve  hundred  (1200)  candle  power 
when  the  light  is  used  all  night,  not  to  exceed  the  sum  of  ninety  dol- 
lars ($90)  per  light  per  year ; for  a standard  arc  light  of  two  thousand 
(2, 000)  candle  power  when  used  until  midnight  only  of  each  night,  not 
to  exceed  the  sum  of  forty  (40)  cents  per  night  for  each  light ; for 
standard  arc  light  of  two  thousand  (2,000)  candle  power  when  used  all 
night,  not  to  exceed  the  sum  of  one  hundred  and  fifty  dollars  ($150) 
per  light  per  year.  For  arc  lights  when  furnished  every  night  in 
the  year,  for  a standard  arc  light  of  twelve  hundred  (1200)  candle 
power,  when  used  until  midnight  only  of  each  night  not  to  exceed 
the  sum  of  sixty-five  dollars  ($65)  per  light  per  year;  fora  standard 
arc  light  of  twelve  hundred  (1200)  candle  power  when  used  all 
night,  not  to  exceed  the  sum  of  one  hundred  dollars  ($100)  per 
light  per  year ; for  a standard  arc  light  of  two  thousand  (2,000) 
candle  power,  when  used  all  night  of  each  night  in  the  year,  not  to 
exceed  the  sum  of  one  hundred  and  eighty  dollars  ($180)  per  light 
per  year.  For  all  incandescent  lights  of  sixteen  (16)  candle  power 
each,  not  to  exceed  the  sum  of  twelve  dollars  ($12)  per  light  per 
year,  when  such  incandescent  lights  are  used  for  only  three  hun- 
dred (300)  nights  in  the  year.  Provided,  that  such  electric  light 
shall  be  obliged  to  be  furnished  at  the  above  rates  to  said  village 
only  upon  the  condition  that  the  board  of  trustees  of  said  village 
shall  make  a contract  with  said  grantees  to  use  and  pay  for  the 
said  lights  for  a period  of  at  least  one  year. 

If  10.  Rights  extend  to  successors.]  § 9.  The  rights,  privi- 
leges and  franchises  hereby  granted  to  said  grantee  shall  extend  to 
its  successors  and  assigns  upon  the  conditions  herein  set  forth. 

1 11.  Grantee  assumes  obligations  by  acceptance.]  § 10. 

The  rights  and  privileges  hereby  granted  are  upon  the  express  con- 


JOHN  LEWIS  COCHRAN. 


37 


§ 2I] 


dition  that  by  the  acceptance  of  this  ordinance  said  grantee,  its  suc- 
cessors and  assigns,  agree  to  do  and  perform  all  the  duties,  obliga- 
tions and  liabilities,  in  and  by  this  ordinance  imposed  and  provided 
to  be  done  and  performed  by  and  on  the  part  of  said  grantee. 


JOHN  LEWIS  COCHRAN. 

§ 21.  John  Lewis  Cochran. 

Tf  i.  Title  and  date  of  passage. 

Tf  2.  Permission  to  construct,  maintain  and  operate  a line  or  lines 
of  wires  or  other  electric  conductors,  for  the  purpose  of 
furnishing  light,  heat  and  power. 

^f  3.  Rates  to  consumers ; method  of  construction  designated. 

•ft  4.  Restoration  of  streets. 

5.  Indemnity  clause, 
i 6.  Time  for  construction  limited. 

^ 7.  Bond  required, 
it  8.  Liability;  permits. 

If  9.  Term  of  grant,  25  years. 

If  10.  To  include  and  extend  to  heirs,  legatees  and  assigns. 

1.  An  Ordinance  to  Authorize  John  Lewis  Cochran  to  Construct,  Main- 
tain and  Operate  in  the  Highways,  Streets,  Alleys,  Sidewalks  and  Pub- 
lic Grounds  Within  Certain  Designated  Territory,  a Line  or  Lines  of 
Wires  or  Other  Electric  Conductors  to  be  Used  for  Transmitting  Elec- 
tricity, for  the  Purpose  of  Furnishing  Light,  Heat  and  Power.  (Passed 
May  16,  1887.  Accepted  May  16,  1887.  Bond  filed  May  16,  1887.)! 

2.  Grant.]  Be  it  ordained  by  the  board  of  trustees  acting 
as  city  council  of  the  city  of  Lake  View:  § 1.  That  John  Lewis 
Cochran  be  and  is  hereby  authorized  to  construct,  maintain  and 
operate  on  the  highways,  streets,  sidewalks,  alleys  and  public 
grounds  within  that  portion  of  the  city  of  Lake  View  known  as 
John  Lewis  Cochran’s  subdivision  of  the  west  half  of  the  northeast 
quarter  of  fractional  section  eight  (8),  township  forty  (40)  north, 
range  fourteen  (14)  east  of  the  third  principal  meridian ; also  the 
south  three-eighths  (3/s)  of  the  east  fractional  half  of  section  five 
(5)  in  the  same  town  and  range  as  above,  a line  or  lines  of  wires  or 
other  electric  conductors,  together  with  the  necessary  feeders,  serv- 
ice wires  and  conductors  to  be  used  for  transmitting  electricity  for 
the  purpose  of  furnishing  light,  heat  and  power ; said  conductors  to 
be  placed  in  such  part  of  said  streets,  alleys,  sidewalks,  tunnels  and 
public  grounds  as  shall  be  designated  in  the  written  permit  herein- 
after mentioned. 

1 3.  Charge  to  consumers — wires  underground,  when — 
poles.]  § 2.  All  such  line  or  lines  (except  when  otherwise  per- 
mitted by  the  city  council)  shall  be  underground  properly  insulated, 


38 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


21 


and  shall  be  constructed  under  the  supervision  and  to  the  satisfac- 
tion of  the  city  council  of  the  said  city,  or  such  agent,  officer  or  de- 
partment thereof  as  may  be  designated  by  ordinance  or  otherwise  to 
perform  such  duties;  but  in  constructing  such  wires  underground 
no  excavations  therefor  shall  exceed  in  width  the  space  of  two  (2) 
feet,  and  the  cost  and  charges  for  furnishing  such  light  shall  be  at 
the  following  rate,  to  wit:  For  a large  standard  arc  light  not  ex- 
ceeding the  sum  of  fifty  (50)  cents  for  each  and  every  twelve  (12) 
hours,  and  for  all  the  incandescent  lights  not  exceeding  the  sum  of 
twelve  (12)  cents  each  for  every  twelve  (12)  hours;  and  no  light 
shall  be  used  until  the  same  shall  have  been  properly  inspected 
and  a certificate  thereof  given  by  a competent  electrician  author- 
ized by  the  city  council  or  its  designated  agent  or  officer ; and  when 
not  underground  such  line  or  lines  shall  be  constructed,  maintained 
and  operated  with  the  least  practicable  obstruction  to  general  traffic 
and  public  use,  with  wires  stretched  upon  poles  as  far  from  each 
other  as  may  be  safe  and  convenient.  The  poles  are  to  be  of 
wood,  neatly  painted,  with  cross-arms,  and  in  diameter  not  ex- 
ceeding twelve  (12)  inches  at  the  base  and  six  (6)  inches  at  the  top, 
in  height  not  less  than  thirty  (30)  feet,  and  in  distance  apart  not 
nearer  than  one  hundred  (100)  feet,  unless  necessary  to  lessen  dis- 
tances at  intervals,  the  wires  are  not  to  exceed  one-half  (%)  of  an 
inch  in  diameter,  and  are  to  be  well  fastened  and  stretched  to  in- 
sulators all  properly  insulated  and  constructed  under  the  supervi- 
sion of  the  superintendent  of  public  works,  or  such  officer  or  depart- 
ment as  the  city  council  may  designate. 

1 4.  Restoration  of  streets— permit.]  § 3.  Said  Cochran 
shall  do  no  permanent  injury  to  any  highway,  street,  sidewalk, 
alley,  avenue  or  public  place  or  shade  tree,  or  in  any  way  or  man- 
ner unnecessarily  interfere  with  any  water,  sewer  or  gas  pipes,  tele- 
graph or  electric  wires,  cables  or  pipes  which  are  now  or  may  here- 
after be  laid  by  the  city  of  Lake  View  or  any  authorized  company 
or  corporation,  and  when  said  Cochran  shall  open  ground  in  any 
highway,  street,  avenue,  alley  or  public  place,  or  shall  lay  his  con- 
ductors under  any  sidewalk  he  shall  forthwith  restore  the  street, 
highway,  avenue,  alley,  sidewalk,  ground,  or  water  pipe,  sewer  or 
gas  pipe,  to  as  good  condition  as  before  at  his  own  expense,  and 
under  the  direction  and  supervision  and  to  the  satisfaction  of  the 
superintendent  of  public  works  of  said  city ; and  if  said  Cochran 
shall  fail  or  refuse  so  to  do  the  same  may  be  done  by  said  city,  and 
the  said  Cochran  shall  be  liable  for  the  cost  thereof.  Said  Cochran 
shall  not  make  any  excavation  in  any  highway,  street,  avenue, 
alley  or  public  place,  without  first  procuring  a written  permit  for 
that  purpose  from  the  superintendent  of  public  works  of  said  city, 
which  permit  shall  specify  the  part  of  the  street,  sidewalk,  alley, 
avenue  or  public  place  where  the  line  or  lines,  conductor  or  con- 
ductors of  said  Cochran  shall  be  laid.  When  any  excavation  shall 
be  made  by  said  Cochran  in  any  highway,  street,  alley  or  public 


JOHN  LEWIS  COCHRAN. 


39 


§ 2I] 


place  paved  with  wooden  blocks,  the  foundation  boards  or  planks 
shall  be  removed  without  being-  cut,  unless  such  cutting  shall  be 
specially  permitted  by  the  superintendent  of  public  works  of  said 
city.  The  said  Cochran  shall,  upon  notice  from  the  superintendent 
of  public  works  of  said  city,  forthwith  remove  or  change  any  con- 
ductor which  may  be  in  the  way  or  interfere  with  the  construction 
or  erection  of  any  viaduct,  public  building  or  other  public  structure 
within  said  city. 

^ 5.  Indemnity  clause.]  § 4.  Said  Cochran  shall  be  liable 
and  shall  compensate  the  city  of  Lake  View  and  pay  any  private 
individual,  owner  or  owners,  or  parties  interested  in  any  property 
adjacent  to  any  highway,  street,  avenue,  alley  or  public  place 
opened  or  injured  by  him  for  all  damages  which  may  result  from 
or  by  reason  of  his  having  negligently  opened,  encumbered,  pro- 
tected or  guarded  any  such  highway,  street,  avenue  or  public  place 
in  said  city,  or  from  or  by  reason  of  any  negligence  or  fault  on  the 
part  of  said  Cochran  in  the  exercise  of  any  of  the  privileges  granted 
by  this  ordinance. 

T 6.  Time  of  construction  limited.]  § 5.  Nothing  in  this  or- 
dinance shall  be  construed  as  conferring  any  exclusive  rights  or 
privileges  upon  the  said  Cochran,  unless  said  Cochran  shall,  within 
one  year  after  the  approval  of  the  bond  hereinafter  provided  for  in 
good  faith,  commence  the  construction  hereby  authorized,  then  in 
that  case  all  rights  and  privileges  herein  granted  shall  absolutely 
cease  and  determine. 

1"  7.  Bond.]  § 6.  This  ordinance  shall  not  take  effect  until 
the  said  Cochran  shall  have  executed  a bond  to  the  city  of  Lake 
View  in  the  penal  sum  of  five  thousand  dollars  ($5,000),  with 
sureties  satisfactory  to  the  mayor  of  the  city  of  Lake  View,  con- 
ditioned to  indemnify  and  save  harmless  the  city  of  Lake  View  of 
and  from  all  damages  which  may  accrue  or  which  in  any  way  may 
arise  or  grow  out  of  the  exercise  by  said  Cochran  of  the  privileges 
herein  granted ; and  the  said  bond  shall  be  executed  and  approved 
within  sixty  days  of  the  passage  of  this  ordinance,  and  the  execu- 
tion of  the  said  bond  by  the  said  Cochran  as  aforesaid,  and  its  de- 
livery to  and  approval  by  the  said  mayor  shall  thenceforth  authorize 
the  said  Cochran  to  exercise  all  and  singular  the  rights,  privileges 
and  franchises  hereby  granted. 

T 8.  Liability— permits — subject  to  ordinances.]  § 7.  The 

liability  of  said  Cochran  to  said  city,  or  to  any  person  who  may  be 
injured  by  the  exercise  by  said  Cochran  of  any  of  the  rights  and 
privileges  hereby  granted  shall  not  be  limited  by  the  penalty  of 
said  bond,  nor  shall  the  remedy  against  said  Cochran  be  confined 
to  the  said  bond,  it  being  understood  that  such  remedy  is  merely 
cumulative,  and  that  said  city  or  any  person  or  persons  shall  have 
the  same  remedies  against  said  Cochran  as  it  or  they  would  or  might 
have  if  no  such  bond  were  given.  In  case  the  duties  herein  pre- 


40 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§ 


scribed  to  be  performed  by  the  superintendent  of  public  works  or 
other  authority,  shall  be  devolved  upon  any  other  department  or 
officer,  the  permits  and  licenses  herein  mentioned  shall  be  applied 
for  to  said  department  or  officer,  and  the  duties  herein  prescribed 
to  be  performed  by  the  superintendent  of  public  works  or  other 
authority  shall  be  performed  by  such  other  officer  or  department. 
Said  Cochran  shall  be  subject  to  all  general  ordinances  of  the  said 
city  now  in  force  or  which  may  hereafter  be  passed  in  relation  to 
companies  or  persons  laying  pipes  or  conductors  in  the  said  city  of 
Lake  View. 

IF  9.  Term  of  grant,  25  years.]  § 8.  The  rights  and  privi- 
leges hereby  granted  shall,  at  the  expiration  of  twenty- five  (25) 
years  from  the  passage  of  this  ordinance,  absolutely  cease  and  de- 
termine, it  being  the  true  meaning  and  intent  of  this  ordinance  to 
grant  the  said  rights  and  privileges  only  for  the  term  of  twenty-five 
(25)  years  from  its  passage. 

IT  10.  Rights  extend  to  heirs— future  streets.]  § 9.  The 

rights  and  privileges  above  granted  shall  extend  to  the  heirs  and 
legatees  and  assigns  of  said  John  Lewis  Cochran,  and  shall  include 
any  highways,  streets  or  alleys  which  may  be  hereafter  laid  out  and 
dedicated  on  any  portion  of  said  premises. 

Note. — See  following  amendatory  ordinance. 

§ *21.  Amendment. 

If  1.  Title. 

•T  2.  Amends  i of  § 21)  section  1 of  the  foregoing  ordinance. 

if  3.  When  in  force. 

If  1.  An  Ordinance  to  Amend  an  Ordinance  Entitled  “An  Ordinance  to  Au- 
thorize John  Lewis  Cochran  to  Construct,  Maintain  and  Operate  in  the 
Highways,  Streets,  Alleys,  Sidewalks  and  Public  Grounds  Within  Cer- 
tain Designated  Territory,  a Line  of  Wires  or  Other  Electric  Con- 
ductors to  Be  Used  for  Transmitting  Electricity  for  the  Purpose  of 
Furnishing  Light,  Heat  and  Power.’’  (Passed  and  approved  May  16,  1887.) 

IF  2.  Amending  section  1 of  foregoing  ordinance.  Be  it  or- 
dained by  the  city  council  of  the  city  of  Lake  View:  § 1.  That 
section  1,  of  the  above  described  ordinance  be,  and  the  same  is 
hereby  amended  by  striking  out  the  following  words,  to  wit:  “The 
south  three-eighths  (^4)  of  the  east  fractional  half  of  section  5,  in  the 
same  town  and  range  as  above,  ’ ’ and  inserting  in  their  stead  the  fol- 
lowing words,  to  wit:  “All  that  part  of  the  city  of  Lake  View  lying 
north  of  Bryn  Mawr  avenue,  and  east  of  Evanston  avenue. 

3.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Note. — See  following  resolution. 

§ f2i.  Extension. 

Resolution  Extending  Franchise  Granted^to  John  Lewis  Cochran.  (Reso- 
lution passed  May  16,  1887.) 

Resolved,  By  the  board  of  trustees  acting  as  city  council  of  the 


consumers’  electric  light  company. 


41 


city  of  Lake  View:  That  permission  and  authority  is  hereby  given 
to  John  Lewis  Cochran  to  erect  poles  and  stretch  electric  wires  or 
conductors  thereon  for  the  purpose  of  transmitting  electricity  to- 
gether with  the  necessary  feeders,  service  wires  and  conductors  on 
any  street,  alley  or  public  ground  within  the  territory  known  as  John 
Lewis  Cochran’s  subdivision  of  the  west  %,  northeast  % of  frac- 
tional section  8,  township  40  north,  range  14  east  of  the  third  prin- 
cipal meridian,  also  the  south  of  the  east  fractional  y2  of  section 
5 the  same  town  and  range,  and  that  such  permission  and  authority 
shall  be  subject  to  all  ordinances  which  have  heretofore  or  which 
may  be  hereafter  passed  by  the  city  council  of  Lake  View  and  to 
the  rightful  power  and  authority  of  any  officer  of  the  city,  and  such 
power  and  authority  may  be  discontinued  at  any  time  by  order  of 
the  city  council  and  that  this  resolution  shall  be  considered  as  a part 
of  and  in  connection  with  an  ordinance  this  day  adopted  granting 
certain  privileges  to  said  Cochran. 


CONSUMERS’  ELECTRIC  LIGHT  COMPANY. 

§ 22.  Consumers’  Electric  Light  company. 

IT  1.  Title  and  date  of  passage. 

H[  2.  Permission  to  construct  and  maintain  a line  or  lines  of  elec- 
trical conductors  for  furnishing  light  and  power. 

IT  3.  Underground  construction  as  per  plat  to  be  filed. 

Hi  4.  Restoration  of  streets. 

Hi  5.  Indemnity  clause. 

Hi  6.  Rights  not  exclusive  unless  bond  be  given. 

Hi  7.  Liability — subject  to  ordinances. 

Hi  8.  Extensions,  how  made — term  of  grant  20  years. 

Hi  9.  To  light  intersections  of  streets. 

Hf  10.  Acceptance  and  compensation  to  the  municipality. 

Hi  11.  Rights — when  they  may  become  forfeited. 

Hi  12.  City  council  to  control  rates  and  charges. 

H[  13.  In  force  from  and  after  passage  and  acceptance. 

If  1.  An  Ordinance  Granting  the  Right  to  the  Consumers’  Electric  Light 
Company  to  Construct,  Maintain  and  Operate  Within  Certain  Desig- 
nated Territory  a Line  of  Wires  or  Other  Electrical  Conductors  to 
Be  Used  for  the  Purpose  of  Transmitting  Electricity  for  the  Purpose  of 
Furnishing  Light  and  Power.  (Passed  July  2.  1888.  Accepted  August  30, 
1888.) 

T 2.  Grant — conduits.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago : § 1 . That  permission  and  authority  are  here- 
by given  to  the^  Consumers’  Electric  Light  company,  to  construct 
and  maintain  in  the  streets  and  alleys,  and  with  the  consent  of  the 
adjacent  property  owners,  in  or  under  the  sidewalks  of  that  por- 
tion of  the  city  of  Chicago,  described  as  follows : In  Blue  Island 


42 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§ 


avenue,  between  West  Harrison  and  Twelfth  streets,  and  between 
Henry  street  and  West  Twenty-second  street  in  Blue  Island  avenue, 
and  across  any  streets  intersecting  Blue  Island  avenue,  between 
said  points,  and  in  South  Halsted  street,  from  West  Madison  street 
to  West  Twenty-second  street,  and  across  any  streets  intersecting 
South  Halsted  street  between  said  points,  a line  or  lines  of  wires 
or  other  electric  conductors,  to  be  used  for  transmitting  electricity 
for  the  purpose  of  furnishing  light  and  power ; said  conductors  to 
be  placed  in  such  parts  of  said  streets  and  alleys  as  shall  be  desig- 
nated in  the  written  permit  hereinafter  mentioned ; Provided,  that 
in  any  street  where  the  Chicago  Sectional  Electric  Underground 
company  or  any  other  conduit  system  has  completed  conduits,  or 
may  hereafter  lay  conduits,  then  said  Consumers’  Electric  Light 
company  desiring  to  use  said  streets  shall  lay  its  wires  in  such 'con- 
duits, or  in  conduits  of  its  own,  and  when  said  Consumers’  Electric 
Light  company  shall  build  conduits  of  its  own  it  shall  allow  the 
wires  or  conductors  of  any  other  person  or  persons,  company  or 
corporation  to  be  placed  in  said  conduits  at  an  annual  rental  equal 
to  that  charged  by  any  other  conduit  company.  It  shall  permit  the 
city  of  Chicago  to  use  the  conduits  of  said  Consumers’  Electric 
Light  company  free  of  cost  to  said  city. 

IT  3.  Underground  wires  — plat.]  § 2.  Where  streets  or 
alleys  shall  be  crossed  by  connecting  lines,  wires  or  conductors, 
which  are  run  under  or  in  sidewalks,  such  lines,  wires  or  conductors 
shall  be  laid  as  directed  by  the  commissioner  of  public  works.  All 
such  lines  or  wires,  shall  be  underground,  properly  insulated,  and 
shall  be  constructed  under  the  supervision  and  to  the  Satisfaction 
of  the  commissioner  of  public  works,  or  such  other  officer  or  depart- 
ment of  the  city  government  as  may  hereafter  be  designated  by 
ordinance  to  perform  the  duties  of  such  commissioner.  No  wires 
shall  be  laid  unless  a plat  shall  be  filed  with  the  commissioner  of 
public  works  designating  the  streets,  squares  and  alleys  in  which  it 
is  proposed  to  locate  the  same,  and  a plat  of  the  circuit  of  wires 
completed  shall  be  filed  with  the  commissioner  of  public  works  be- 
fore the  same  are  used,  and  any  change  in  the  same  shall  be  re- 
ported to  the  commissioner  of  public  works. 

T 4.  Restoration  of  streets — permits.]  § 3-  Said  company 
shall  do  no  permanent  injury  to  any  street  or  alley,  or  in  any  man- 
ner interfere  with  any  water,  sewer  or  gas  pipe,  telegraph  or  elec- 
tric wires,  cables  or  pipes  which  are  now,  or  may  hereafter  be  laid 
by  the  city  of  Chicago,  or  any  authorized  company  or  corporation, 
and  when  said  company  shall  open  ground  in  any  street  or  alley,  or 
shall  lay  its  conductors  under  any  sidewalk,  or  in  any  tunnel,  it 
shall  forthwith  restore  the  street,  alley  or  sidewalk,  water  pipe, 
sewer  or  gas  pipe  to  as  good  condition  as  before,  at  the  expense  of 
said  company,  and  under  the  direction  and  supervision  and  to  the 
Satisfaction  of  the  department  of  public  works  of  said  city ; and  if 
said  company  shall  fail  or  refuse  so  to  do,  the  same  may  be  done  by 


CONSUMERS’  ELECTRIC  LIGHT  COMPANY. 


43 


said  city  and  the  said  company  shall  be  liable  for  the  cost  thereof, 
and  said  company  shall  not  make  any  excavation  in  any  street, 
avenue  or  alley  without  first  procuring  a written  permit  for  that 
purpose  from  the  department  of  public  works  of  said  city,  which 
permit  shall  specify  the  part  of  the  street,  alley  or  avenue  where 
the  conductor  or  conductors  of  said  company  shall  be  laid.  When 
any  excavations  shall  be  made  by  said  company  in  any  street  or 
alley,  the  foundation,  boards  or  planks  shall  be  removed  without 
being  cut,  unless  such  cutting  shall  be  specially  permitted  by  the 
department  of  public  works  of  said  city.  The  said  company  shall, 
upon  notice  from  the  department  of  public  works  of  said  city, 
forthwith  remove  or  change  any  conductor  which  may  be  in  the 
way  of  or  interfere  with  the  construction  or  erection  of  any  viaduct, 
public  building  or  other  public  structure  within  said  city. 

T 5.  Indemnity  clause.]  § 4.  Said  company  shall  be  liable 
to  and  shall  compensate  the  city  of  Chicago,  and  pay  any  private 
individual,  owner  or  owners,  or  parties  interested  in  any  property 
adjacent  to  any  street,  avenue  or  alley  opened  or  injured  by  it,  for 
all  damages  which  may  result,  or  by  reason  of  such  company  hav- 
ing negligently  opened,  encumbered,  protected  or  guarded  any 
such  street,  avenue  or  alley  in  said  city,  or  from  or  by  reason  of 
any  negligence  or  fault  on  the  part  of  said  company  in  the  exercise 
of  any  of  the  privileges  granted  by  this  ordinance. 

T 6.  Rights  not  exclusive  unless  bond  is  given.]  § 5.  Noth- 
ing in  this  ordinance  shall  be  construed  as  conferring  any  exclusive 
rights  or  privileges  upon  the  Consumers’  Electric  Light  company, 
and  this  ordinance  shall  not  take  effect  until  the  Consumers’  Elec- 
tric Light  company  shall  have  executed  a bond  to  the  city  of  Chi- 
cago in  the  penal  sum  of  $20,000,  with  sureties  satisfactory  to  the 
mayor  of  said  city,  conditioned  to  pay  to  the  city  of  Chicago  the 
sum  and  sums  of  money  hereinafter  provided  to  be  paid  to  said 
city,  and  to  indemnify  and  save  harmless  the  city  of  Chicago  of  and 
from  all  damages  which  may  accrue,  or  which  in  any  way  may  arise 
or  grow  out  of  the  exercise  by  said  Consumers’  Electric  Light 
company  of  the  privileges  hereby  granted,  and  said  bond  shall  be 
executed  and  approved  within  sixty  days  from  the  passage  of  this 
ordinance. 

T 7.  Liability — subject  to  ordinances.]  §6.  The  liability  of 
such  company  to  said  city,  or  to  any  person  or  company  who  may 
be  injured  by  the  exercise  by  said  company  of  any  of  the  rights 
and  privileges  granted  by  this  ordinance,  shall  not  be  limited  by 
the  penalty  of  said  bond,  nor  shall  the  remedy  against  said  com- 
pany be  confined  by  the  said  bond,  it  being  understood  that  such 
remedy  is  merely  cumulative,  and  that  said  city  of  Chicago  and  any 
person  or  persons  shall  have  the  same  remedies  against  said  com- 
pany as  it  or  they  would  or  might  have  if  no  such  bond  were  given. 
In  case  the  duties  of  the  department  of  public  works  shall  be  de- 


44 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  22 


volved  by  said  city  on  any  other  department,  or  officer,  the  permits 
and  licenses  herein  mentioned  shall  be  applied  for  to  such  depart- 
ment or  officer,  and  the  duties  herein  prescribed  to  be  performed 
by  the  commissioner  of  public  works,  or  the  department  of  public 
works,  shall  be  performed  by  such  other  officer  or  department. 
Said  company  shall  be  [the]  subject  to  all  general  ordinances  of  the 
city  now  in  force,  or  which  may  hereafter  be  passed  in  relation  to 
companies  laying  pipes  or  conductors  in  the  said  city  of  Chicago. 

1 8.  Extensions  — term  of  grant.]  § 7.  The  Consumers’ 
Electric  Light  company  shall  extend  its  conductors  and  supply 
electricity  upon  any  street  or  streets  within  the  territory  hereinbe- 
fore described  when  ordered  so  to  do  by  a majority  of  the  city  coun- 
cil ; provided,  however,  that  the  company  shall  not  be  ordered  to 
make  such  extension  upon  any  street  or  streets  until  consumers 
enough  upon  such  street  or  streets  to  yield  a net  revenue  of  6 per 
cent,  per  annum  upon  the  whole  cost  of  such  extension  shall  have 
petitioned  the  council  for  the  same.  The  rights  and  privileges 
hereby  granted  shall,  at  the  expiration  of  twenty  years  from  the 
passage  of  this  ordinance,  absolutely  cease  and  determine,  it  being 
the  true  meaning  and  intent  of  this  ordinance  to  grant  the  said 
rights  and  privileges  only  for  the  term  of  twenty  years  from  its 
passage. 

1 9.  Street  intersections,  light.]  § 8.  Said  company,  if  so 
requested  by  the  city  council  or  the  commissioner  of  public  works, 
shall  supply  and  maintain  one  electric  arc  light  of  2,000  candle 
power  each,  at  each  street  intersection  throughout  the  territory 
over  which  its  wires  shall  extend,  at  a price  not  to  exceed  cost  of 
sarpe  as  produced  by  the  city  or  as  may  be  agreed  upon  between 
the  comptroller  of  the  city  of  Chicago  and  the  said  Consumers’ 
Electric  Light  company. 

T 10.  Compensation — acceptance.]  § 9.  This  ordinance  is 
passed  upon  the  express  agreement  and  understanding  that  the 
Consumers’  Electric  Light  company  before  availing  itself  of  any  of 
the  rights  or  privileges  granted  by  this  ordinance  shall  file  with  the 
city  clerk  its  acceptance  of  all  the  terms  of  this  ordinance,  and 
shall  file  with  the  comptroller  of  the  city  on  the  first  day  of  January 
and  July,  of  each  year,  a statement  of  the  gross  receipts  of  all  the 
business  of  said  company  within  the  city  of  Chicago  for  the  six  months 
next  preceding  such  statement,  which  statement  shall  be  sworn  to 
by  the  president  or  secretary  of  such  company.  And  at  the  time 
of  filing  said  statement  the  said  company  shall  pay  into  the  city 
treasury  five  (5)  per  cent,  of  the  amount  of  the  gross  receipts. 
Said  semi-annual  payments  shall  continue  during  the  exercise  of 
the  rights  and  privileges  granted  in  this  ordinance. 

1"  11.  Rights  forfeited,  when.]  § 10.  The  said  Consumers’ 
Electric  Light  company  shall  not  at  any  time  lease,  sell,  transfer 
or  assign  the  rights  and  privileges  granted  under  this  ordinance  to 


consumers’  electric  light  company. 


45 


:2] 


any  electric  light  company,  nor  shall  the  said  company  enter  into 
any  combination  with  any  electric  light  company  heretofore  exist- 
ing, or  hereafter  created,  concerning  prices  to  be  charged  for  fur- 
nishing light  and  power  either  to  the  city  or  private  consumers,  nor 
shall  said  company  m&ke  any  consolidation,  transfer  or  division  of 
the  territory,  streets  or  avenues  of  the  city  with  any  other  electric 
light  company  or  corporation,  for  the  operation  of  and  supplying  of 
electricity  for  light  and  power.  Any  violation  of  the  provisions  of 
this  ordinance  shall  authorize  and  entitle  the  city  of  Chicago  to 
revoke  and  repeal  the  provisions  of  this  ordinance. 

1 12.  City  council  to  control  charges.]  § n.  And  it  is 

further  agreed  that  the  said  ordinance  is  accepted  by  said  company 
upon  the  express  condition  that  the  city  council  of  the  city  of  Chi- 
cago shall  have  the  power  to  regulate,  control  and  determine  the 
rate  or  rates  that  shall  be  charged  to  consumers  of  electric  light, 
furnished  to  the  city  and  to  the  public.  Such  price  to  be  deter- 
mined by  the  cost  of  manufacture  and  a reasonable  profit  on  the 
capital  investedt  provided,  further,  that  the  mayor  of  the  city  of 
Chicago  shall  have  the  power  to  appoint  a person  to  represent  the 
city  interests  on  the  board  of  directors  of  said  company  should  the 
city  so  elect,  and  the  stockholders  of  said  company  shall  agree  to 
elect  said  appointee  a director  of  said  company. 

1”  13.  When  in  force.]  § 12.  This  ordinance  shall  be  in 
force  and  effect  from  and  after  its  passage  and  its  acceptance  in 
writing  by  said  company. 

§ *22.  Consumers’  Electric  Light  company;  Blue  Island  avenue 
extension. 

IT  1.  Title  and  date  of  passage. 

IT  2.  Permission  to  construct  and  maintain  a line  of  wires. 

IT  3*  Underground  construction. 

If  4.  Restoration  of  streets. 

IT  5*  Indemnity  bond  to  be  given. 

IT  6.  Subject  to  ordinances. 

IT  7.  Limit  of  grant  io  years. 

nt  8.  Acceptance — when  ih  force. 

nr  1.  An  Ordinance  Granting  Rights  to  the  Consumers’  Electric  Light  Com- 
pany to  Maintain  a Line  of  Wires  in  Blue  Island  Avenue  for  the  Pur- 
pose of  Furnishing  Light.  (Passed  December  12,  1887.) 

IF  2.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 
hereby  given  to  the  Consumers’  Electric  Light  company,  to  con- 
struct and  maintain  a line  of  wires  in  Blue  Island  avenue,  between 
Twelfth  and  Henry  streets,  and  across  any  intersecting  streets; 
the  same  to  be  used  for  the  purpose  of  transmitting  electricity  for 
the  purpose  of  furnishing  light.  Said  wires  to  be  placed  in  such 
part  of  said  street  as  shall  be  designated  in  the  written  permit 
hereinafter  mentioned. 

IF  3.  Underground  Wires.]  § 2.  Such  line  of  wires  shall  be 


46  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  22 

underground  and  shall  be  constructed  under  the  supervision  and 
to  the  satisfaction  of  the  commissioner  of  public  works. 

IT  4.  Restoration  of  streets.]  § 3.  Said  company  shall  do 
no  permanent  injury  to  said  street  or  any  part  thereof,  and  shall 
in  no  way  interfere  with  any  pipe,  wire  or  cable  now  or  to  be  here- 
after laid  in  such  street,  and  when  said  company  shall  open  ground 
in  said  street  to  lay  said  wires  it  shall  forthwith  restore  the  same  to 
as  good  condition  as  before  at  its  own  expense  and  under  the  super- 
vision and  to  the  satisfaction  of  the  department  of  public  works.  If 
said  company  shall  fail  so  to  do,  the  same  may  be  done  by  the  city 
and  the  expense  thereof  shall  be  collected  of  said  company.  No  wires 
shall  be  laid  by  said  company,  except  upon  written  permit  of  the  com- 
missioner of  public  works,  which  permit  shall  specify  where  such 
wires  shall  be  laid  and  the  terms  and  conditions  under  which  the 
same  shall  be  placed  underground ; Provided,  that  no  permit  shall 
be  given  to  place  said  wires  underneath  sidewalks,  except  with  the 
consent  of  the  abutting  property  owners. 

1'  5.  Indemnity  bond.]  § 4.  This  ordinance  shall  not  take 
effect  until  said  company  shall  execute  a bond  to  the  city  of  Chi- 
cago, in  the  penal  sum  of  ten  thousand  dollars,  with  sureties  satis- 
factory »to  said  commissioner  of  public  works,  conditioned  to  in- 
demnify the  city  of  Chicago  of  and  from  all  damages  which  may 
accrue  or  may  in  any  way  arise  or  grow  out  of  the  exercise  by  said 
company  of  the  privileges  hereby  granted.  The  bond  hereby  re- 
quired shall  be  filed  within  thirty  days  from  the  passage  of  this 
ordinance,  and  it  is  expressly  understood  that  the  remedy  therein 
is  merely  cumulative,  and  that  the  city  of  Chicago  shall  have  the 
same  remedies  against  said  companies  as  though  said  bond  were 
not  given. 

If  6.  Subject  to  ordinances.]  §5.  Said  company  shall  be  sub- 
ject to  any  and  all  ordinances  that  may  hereafter  be  passed  concern- 
ing the  same  or  concerning  companies  laying  wires  underground. 

T 7.  Term  of  grant  ten  years.]  § 6.  The  privileges  hereby 
granted  shall  not  extend  beyond  the  period  of  ten  years  from  the 
date  of  the  passage  hereof. 

8.  When  in  force — acceptance.]  § 7.  In  case  this  ordinance 
be  not  accepted  within  thirty  days  from  the  passage  hereof  by  said 
company,  the  same  shall  be  void  and  of  no  effect,  and  the  consent 
given  by  section  one  aforesaid  shall  be  deemed  to  be  withdrawn. 


23] 


CO-OPERATIVE  ELECTRIC  LIGHT  COMPANY. 


47 


CO-OPERATIVE  ELECTRIC  LIGHT  COMPANY. 

§ 23.  Co-operative  Electric  Light  company. 

1.  Title  and  date  of  passage. 

2.  Permission  to  construct  and  maintain  a line  or  lines  of  wires  or 

other  electric  conductors  within  designated  limits. 

"[[  3.  Lines  or  wires  underground — how  constructed. 

4-  Restoration  of  streets. 

5.  Indemnity  clause. 

6.  Privileges  not  exclusive  unless  bond  is  given. 

7.  Liability  not  by  bond. 

8.  Extension  of  lines. 

9.  Street  intersections  to  be  lighted. 

•ft  10.  Compensation — acceptance. 

it  11.  Rights — when  may  become  forfeited, 
it  12.  Charges  to  consumers — how  regulated, 
it  13.  When  in  force. 

1.  An  Ordinance  Granting  Rights  and  Privileges  to  the  Co-operative 
Electric  Light  Company  Within  Certain  Territory.  [Passed  July  2, 
1888.  Accepted  August  28,  1888.J  _ 

2.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  The  Co-operative  Electric  Light  company,  a cor- 

poration organized  under  and  by  virtue  of  the  laws  of  Illinois,  hav- 
ing its  principal  office  in  the  city  of  Chicago;  its  successors  and 
assigns,  is  hereby  authorized  to  construct  and  maintain  in  the  streets 
and  alleys,  and  with  the  consent  of  the  adjacent  property  owners, 
in  or  under  the  sidewalks  of  that  portion  of  the  city  of  Chicago, 
bounded  on  the  north  by  Fullerton  avenue,  on  the  west  by  the 
north  branch  of  the  Chicago  river,  on  the  south  by  the  Chicago 
river,  and  on  the  east  by  Lake  Michigan,  a line  or  lines  of  wires  or 
other  electric  conductors,  to  be  used  for  transmitting  electricity  for 
the  purpose  of  furnishing  light  and  power,  said  conductors  to  be 
placed  in  such  parts  of  said  streets  and  alleys  as  shall  be  designated 
in  the  written  permit  hereinafter  mentioned;  provided,  that  in  any 
street  where  the  Chicago  Sectional  Electric  Underground  company 
or  any  other  conduit  system  has  completed  conduits,  or  may  here- 
after lay  conduits,  then  said  Co-operative  Electric  Light  company, 
desiring  to  use  said  streets,  shall  lay  its  wires  in  such  conduits,  or 
in  conduits  of  its  own,  and  when  said  Co-operative  Electric  Light 
company  shall  build  conduits  of  its  own,  it  shall  allow  the  wires  or 
conductors  of  any  other  person  or  persons,  company  or  corporation 
to  be  placed  in  such  conduits  at  an  annual  rental  equal  to  that 
charged  by  any  other  company.  It  shall  permit  the  city  of  Chicago 
to  use  the  conduits  of  said  Co-operative  Electric  Light  company 
free  of  cost  to  said  city. 

1 3.  Wires,  how  laid— properly  insulated.]  § 2.  Where 
streets  or  alleys  shall  be  crossed  by  connecting  lines,  wires  or  con- 
ductors, which  are  run  under  or  in  sidewalks,  such  lines,  wires  or 
conductors  shall  be  laid  as  directed  by  the  commissioner  of  public 
works.  All  such  lines  or  wires,  shall  be  underground,  properly 


48 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  23 


insulated,  and  shall  be  constructed  under  the  supervision  and  to  the 
satisfaction  of  the  commissioner  of  public  works,  or  such  other 
officer  or  department  of  the  city  government  as  may  hereafter  be 
designated  by  ordinance  to  perform  the  duties  of  such  commis- 
sioner. No  wires  shall  be  laid  unless  a plat  shall  be  filed  with  the 
commissioner  of  public  works  designating  the  streets,  squares  and 
alleys  in  which  it  is  proposed  to  locate  the  same,  and  a plat  of  the 
circuit  of  wires  completed  shall  be  filed  with  the  commissioner  of 
public  works  before  the  same  are  used,  and  any  change  in  the 
same  shall  be  reported  to  the  commissioner  of  public  works. 

IT  4.  Restoration  of  streets.]  § 3.  Said  company  shall  do  no 
permanent  injury  to  any  street  or  alley,  or  in  any  manner  interfere 
with  any  water,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables 
or  pipes  which  are  now,  or  may  hereafter  be  laid  by  the  city  of 
Chicago,  or  any  authorized  company  or  corporation,  and  when  said 
company  shall  open  ground  in  any  street  or  alley,  *or  shall  lay  its 
conductors  under  any  sidewalk,  or  in  any  tunnel,  it  shall  forthwith 
restore  the  street,  alley  or  sidewalk,  water  pipe,  sewer  or  gas  pipe, 
to  as  good  condition  as  before,  at  the  expense  of  said  company,  and 
under  the  direction  and  supervision  and  to  the  satisfaction  of  the 
department  of  public  works  of  said  city ; and  if  said  company  shall 
fail  or  refuse  so  to  do,  the  same  may  be  done  by  said  city,  and  the 
said  company  may  be  liable  for  the  cost  thereof,  and  said  company 
shall  not  make  any  excavation  in  any  street,  avenue  or  alley  with- 
out first  procuring  a written  permit  for  that  purpose  from  the 
department  of  public  works  of  said  city,  which  permit  shall  specify 
the  part  of  the  street,  alley  or  avenue  where  the  conductor  or  con- 
ductors of  said  company  shall  be  laid.  When  any  excavations  shall 
be  made  by  said  company  in  any  street  or  alley,  the  foundation 
boards  or  planks  shall  be  removed  without  being  cut,  unless  such 
cutting  shall  be  specially  permitted  by  the  department,  of  public 
works  of  said  city.  The  said  company  shall,  upon  notice  from  the 
department  of  public  works  of  said  city,  forthwith  remove  or  change 
any  conductor  which  may  be  in  the  way  of  or  interfere  with  the 
construction  or  erection  of  any  viaduct,  public  building  or  other 
public  structure  within  said  city. 

T 5.  Indemnity  clause.]  § 4.  Said  company  shall  be  liable 
to  and  shall  compensate  the  city  of  Chicago  and  pay  any  private 
individual,  owner  or  owners,  or  parties  interested  in  any  property 
adjacent  to  any  street,  avenue  or  alley  opened  or  injured  by  it,  for 
all  damages  which  may  result,  or  by  reason  of  such  company  having 
negligently  opened,  encumbered,  protected  or  guarded  any  such 
street,  avenue  or  alley  in  said  city,  or  from  or  by  reason  of  any 
negligence  or  fault  on  the  part  of  said  company  in  the  exercise  of 
any  of  the  privileges  granted  by  this  ordinance. 

1 6.  Privileges  not  exclusive  unless  bond  is  given.]  § 5. 

Nothing  in  this  ordinance  shall  be  construed  as  conferring  any  ex- 


CO-OPERATIVE  ELECTRIC  LIGHT  COMPANY. 


49 


§ 23] 


elusive  rights  or  privileges  upon  the  Co-operative  Electric  Light 
company,  and  this  ordinance  shall  not  take  effect  until  the  Co-oper- 
ative Electric  Light  company  shall  have  executed  a bond  to  the 
city  of  Chicago  in  the  penal  sum  of  $20,000,  with  sureties  satis- 
factory to  the  mayor  of  said  city,  conditioned  to  pay  to  the  city  of 
Chicago  the  sum  and  sums  of  money  hereinafter  provided  to  be 
paid  to  said  city,  and  to  indemnify  and  save  harmless  the  city  of 
Chicago  of  and  from  all  damages  which  may  accrue  or  which  in  any 
way  may  arise  or  grow  out  of  the  exercise  by  said  Co-operative 
Electric  Light  company  of  the  privileges  hereby  granted,  and  said 
bond  shall  be  executed  and  approved  within  sixty  days  from  the 
passage  of  this  ordinance. 

1 7.  Liability  not  limited  by  bond— subject  to  ordinances.] 

§ 6.  The  liability  of  such  company  to  said  city,  or  to  any  person 
or  company  who  may  be  injured  by  the  exercise  by  said  company 
of  any  of  the  rights  and  privileges  granted  by  this  ordinance,  shall 
not  be  limited  by  the  penalty  of  said  bond,  nor  shall  the  remedy 
against  said  company  be  confined  by  the  said  bond,  it  being  under- 
stood that  such  remedy  is  merely  cumulative,  and  that  said  city  of 
Chicago  and  any  person  or  persons  shall  have  the  same  remedies 
against  said  company  as  it  or  they  would  or  might  have  if  no  such 
bond  were  given.  In  case  the  duties  of  the  department  of  public 
works  shall  be  devolved  by  said  city  on  any  other  department, 
or  officer,  the  permits  and  licenses  herein  mentioned  shall  be 
applied  for  to  such  department  or  officer,  and  the  duties  herein 
prescribed  to  be  performed  by  the  commissioner  of  public  works 
shall  be  performed  by  such  other  officer  or  department.  Said 
company  shall  be  subject  to  all  general  ordinances  of  the  city  now 
in  force,  or  which  may  hereafter  be  passed  in  relation  to  com- 
panies laying  pipes  or  conductors  in  the  said  city  of  Chicago. 

1 8.  Extension  of  lines.]  § 7.  The  Co-operative  Electric 
Light  company  shall  extend  its  conductors  and  supply  electricity 
upon  any  street  or  streets  within  the  territory  hereinbefore 
described  when  ordered  so  to  do  by  a majority  of  the  city  council; 
provided,  however,  that  the  company  shall  not  be  ordered  to  make 
such  extensions  upon  any  street  or  streets  until  consumers  enough 
upon  such  street  or  streets  to  yield  a net  revenue  of  6 per  cent,  per 
annum  upon  the  whole  cost  of  such  extension  shall  have  petitioned 
the  council  for  the  same.  The  rights  and  privileges  hereby  granted 
shall,  at  the  expiration  of  twenty  years  from  the  passage  of  this 
ordinance,  absolutely  cease  and  determine,  it  being  the  true  mean- 
ing and  intent  of  this  ordinance  to  grant  the  said  rights  and  privi- 
leges only  for  the  term  of  twenty  years  from  its  passage. 

9.  Street  intersections,  lighting  of.]  § 8.  Said  company, 
if  so  requested  by  the  city  council  or  the  commissioner  of  public 
works,  shall  supply  and  maintain  one  electric  arc  light  of  2,000 
4 


50 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  23 


candle  power  each,  at  each  street  intersection  throughout  the  ter- 
ritory over  which  its  wires  shall  extend,  at  a price  not  to  exceed 
cost  of  same  as  produced  by  the  city  as  may  be  agreed  upon  be- 
tween the  comptroller  of  the  city  of  Chicago  and  the  Co-operative 
Electric  Light  company. 

11  10.  Compensation — acceptance,]  § 9.  This  ordinance  is 

passed  upon  the  express  agreement  and  understanding  that  the 
Co-operative  Electric  Light  company,  before  availing  itself  of  any 
of  the  rights  or  privileges  granted  by  this  ordinance,  shall  file  with 
the  city  clerk  its  acceptance  of  all  the  terms  of  this  ordinance,  and 
shall  file  with  the  comptroller  of  the  city  on  the  first  day  of  January 
and  July,  of  each  year,  a statement  of  the  gross  receipts  of  all  the 
business  of  said  company  within  the  city  of  Chicago  for  the  next 
six  months  preceding  such  statements,  which  statement  shall  be 
sworn  to  by  the  president  or  secretary  of  such  company.  And  at 
the  time  of  filing  said  statement  the  said  company  shall  pay  into 
the  city  treasury  five  (5)  per  cent,  on  the  amount  of  such  gross 
receipts.  Said  semi-annual  payments  shall  continue  during  the 
exercise  of  the  rights  and  privileges  granted  in  this  ordinance. 

1 11.  Rights  forfeited,  when.]  § 10.  The  Co-operative 
Electric  Light  company  shall  not  at  any  time  lease,  sell,  transfer  or 
assign  the  rights  and  privileges  granted  under  this  ordinance  to  any 
electric  company,  nor  shall  the  said  company  enter  into  any  combi- 
nation with  any  electric  light  company  heretofore  existing,  or 
hereafter  created,  concerning  prices  to  be  charged  for  furnishing 
light,  power,  either  to  the  city  or  private  consumers,  nor  shall  said 
company  make  any  consolidation,  transfer  or  division  of  the  terri- 
tory, streets  or  avenues  of  the  city  with  any  other  electric  light 
company  or  corporation,  for  the  operation  of  and  supplying  of 
electricity  for  light  and  power.  Any  violation  of  the  provisions 
of  this  ordinance  shall  authorize  and  entitle  the  city  of  Chicago  to 
revoke  and  repeal  the  provisions  of  this  ordinance. 

1"  12.  Charge  to  consumers.]  § 11.  And  it  is  further  agreed 
that  the  said  ordinance  is  accepted  by  said  company  upon  the 
express  condition  that  the  city  council  of  the  city  of  Chicago  shall 
have  the  power  to  regulate,  control  and  determine  the  rate  or  rates 
that  shall  be  charged  to  consumers  for  electric  light  and  power, 
furnished  to  the  city  and  to  the  public.  Such  price  to  be  deter- 
mined by  the  cost  of  manufacture  and  a reasonable  profit  on  the 
capital  invested ; provided,  further,  that  the  mayor  of  the  city  of 
Chicago  shall  have  the  power  to  appoint  a person  to  represent  the 
city  interests  on  the  board  of  directors  of  said  company,  should  the 
city  so  elect,  and  the  stockholders  of  said  company  shall  agree  to 
elect  said  appointee  a director  of  said  company. 

1"  13.  When  in  force.]  § 12.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  its  acceptance  in  writing 
by  said  company. 


COSMOPOLITAN  ELECTRIC  COMPANY.  51 

COSMOPOLITAN  ELECTRIC  COMPANY. 

Cosmopolitan  Electric  company,  f 
^ i.  Title  and  date  of  passage. 

2.  Permission  to  construct,  maintain,  repair  and  operate  line 
or  lines  of  wires  or  other  electric  conductors  for  furnishing 
light,  heat  and  power  within  designated  limits. 

3-  Underground  lines  according  to  plans  submitted. 

•ft  4.  May  erect  a system  of  poles  outside  said  limits,  in  streets  and 
alleys  and  with  the  consent  of  owners  over  buildings. 

5.  Damages  to  streets,  deposit  of  $10,000  as  indemnity. 

TT  6.  Restoration  of  streets. 

•ft  7.  Insulation,  guard  wires. 

If  8.  Indemnity  clause, 
i 9.  Erection  of  plant. 

10.  Charges  or  rates  to  consumers. 

Hr  11.  Compensation  to  the  city. 

*ft  12.  Conduits  of  other  companies. 

13.  Term  of  grant  50  years. 

■ff  14.  Acceptance — bond. 

^[15.  When  in  force. 

1.  An  Ordinance  Granting  the  Right  to  the  Cosmopolitan  Electric  Com- 
pany to  Construct,  Operate  and  Maintain  an  Electric  Light  Plant  in 
the  City  of  Chicago  for  the  Production  and  Distribution  of  Electricity 
for  the  Purpose  of  Furnishing  Light,  Heat  and  Power,  and  the  Trans- 
mission of  Sound  and  Signals.  (Passed  March  4,  1895.  Accepted  March 
11,  1895.) 

1”  2.  Grant.  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § i.  Subject  to  the  terms  and  conditions  of  this  ordi- 

nance there  is  hereby  granted  to  the  Cosmopolitan  Electric  com- 
pany, a corporation  organized  and  existing  under  and  by  virtue  of 
the  laws  of  the  state  of  Illinois,  the  right  to  construct,  maintain  and 
operate  a plant  or  plants,  and  in  connection  therewith  to  construct, 
repair,  maintain,  operate  and  use  in,  through,  upon,  over  and  under 
the  streets,  avenues,  alleys,  public  ways,  tunnels  and  upon  viaducts 
and  under  the  Chicago  river  and  its  various  branches  within  the 
city  of  Chicago,  a line  or  lines  of  wire  or  other  electric  conductors 
to  be  used  for  the  production,  transmission  and  distribution  of 
electricity  for  the  purpose  of  furnishing  light,  heat  and  power  and 
the  transmission  of  sound  and  signals  or  any  or  either  of  them. 

•f  3.  Underground  district — plan  of  conduits.]  § 2.  All 

such  lines  of  wire  or  other  electrical  conductors  except  those  pass- 
ing through  the  tunnels  or  upon  viaducts  within  the  following 
boundaries,  namely:  South  of  Fullerton  avenue,  east  of  Western 

avenue,  north  of  Thirty-ninth  street  and  west  of  Lake  Michigan, 
shall  be  placed  in  underground  conduits.  Said  company  shall  at 
all  times  place  and  keep  on  file  with  the  commissioner  of  public 
works  plans  showing  the  location  of  each  conduit  laid  and  number 
of  ducts  and  wires  in  each  conduit,  and  upon  laying  any  new  con- 
duit said  company  shall  file  with  the  commissioner  of  public  works 
a plan  showing  where  each  conduit  is  laid,  the  location  of  manholes 


§ *4] 

§ 24 • 


fRepealed;  see  § *24,  infra. 


52 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  24 


or  other  openings  to  gain  access  to  said  conduit,  and  each  cover  for 
such  opening  shall  have  placed  thereon  the  name  of  said  company. 

1 4.  Erection  of  poles— underground  wires  to  surface,]  § 3. 

The  said  company  may,  outside  of  the  district  above  described  in 
section  two,  erect  a system  of  poles  and  wires  thereon  in  any  of  the 
streets  and  alleys  in  Chicago,  and  over  buildings  with  the  consent 
of  the  owners  thereof,  and  in  going  from  one  building  to  another, 
if  necessary,  said  company  may  cross  streets,  alleys  and  city  prop- 
erty, but  before  any  such  poles  shall  be  so  placed  the  plans  thereof 
shall  be  filed  with  the  commissioner  of  public  works,  provided  that 
the  city  of  Chicago  shall  have  the  right  to  the  top  cross-arm  of  each 
of  said  poles  free  from  charge  for  the  use  of  the  city  telegraph  and 
telephone  wires.  All  poles  to  be  erected  under  the  provisions  of 
this  ordinance  shall  be  cedar  poles  not  less  than  thirty  (30)  feet 
high,  and  symmetrical  in  form,  unless  the  commissioner  of  public 
works  shall  approve  of  poles  of  a different  height  or  form  upon 
application  being  made  to  him  for  said  purpose.  Where  the  above 
mentioned  wires,  electrical  conductors  and  cables  are  to  be  placed 
under  ground,  the  said  company  shall,  for  the  purpose  of  reaching 
and  connecting  with  their  subscribers,  patrons,  consumers  and 
branch  offices,  have  the  privilege  of  bringing  the  said  wires,  con- 
ductors and  cables  to  the  surface  within  every  four  blocks  and 
attaching  them  to  houses  and  carrying  them  over  the  roofs  should 
they  desire  so  to  do,  provided  the  consent  is  first  obtained  from  the 
owner  to  whose  property  they  propose  to  attach  said  wires,  conduct- 
ors and  cables,  and  said  wires  shall  be  kept  at  least  twelve  (12) 
feet  above  the  surface  of  the  roofs  except  in  such  buildings  as  the 
wires  are  to  enter,  and  the  said  company  may  in  so  doing  cross 
streets,  alleys  and  city  property  with  wires  grouped  in  cables. 
Where  the  consent  of  an  owner  referred  to  in  this  section  is 
refused,  the  commissioner  of  public  works  is  directed  to  allow  the 
said  Cosmopolitan  Electric  company  to  erect  in  alleys  poles  upon 
which  the  said  company  may  place  its  wires  for  the  purpose  of  dis- 
tribution. 

IT  5.  Deposit  for  restoration  of  streets— permits.]  § 4.  Said 
company  shall  not  construct  any  conduits  or  erect  any  poles  or 
string  any  wires,  or  do  any  work  in  any  of  said  public  streets  or 
alleys  or  public  places,  or  in  any  way  disturb  the  surface  thereof, 
until  it  shall  have  filed  with  the  commissioner  of  public  works 
a plan  showing  the  location  of  said  conduits  and  the  intended 
work,  or  in  case  it  intends  to  erect  poles  and  string  wires  thereon 
showing  the  location  of  said  poles,  and  until  it  shall  have  procured 
a permit  from  the  department  of  public  works  of  said  city  for  said 
work,  and  whenever  said  company  shall  make  application  in  writ- 
ing to  such  department  for  such  permit  or  permits,  and  shall  have 
complied  with  the  terms  and  conditions  of  this  section  of  this 
ordinance,  it  shall  be  the  duty  of  such  department  to  forthwith  issue 
such  permit  or  permits.  When  the  said  company  shall  first  apply 


g 24]  COSMOPOLITAN  ELECTRIC  COMPANY.  53 

to  the  department  of  public  works  of  said  city  of  Chicago  for 
a permit  as  herein  provided,  the  said  company  shall  deposit  with 
said  department  the  sum  of  ten  thousand  ($10,000)  dollars  as  a guar- 
anty that  said  company  shall  restore  the  streets,  pavements, 
sidewalks,  grounds,  water  pipes,  sewer  or  gas  pipes  to  a condition 
equally  as  good  as  before,  and  if  said  company  shall  fail  or  refuse 
to  so  restore  such  streets,  pavements,  sidewalks,  grounds,  water 
pipes,  sewer  or  gas  pipes  to  a condition  equally  as  good  as  before, 
within  a reasonable  titne  after  notice  served  upon  said  company  so 
to  do,  then  said  deposit,  or  so  much  thereof  as  may  be  necessary, 
may  be  used  by  said  department  for  such  purposes,  the  balance  of 
such  deposit,  if  any  there  be,  shall  be  returned  to  said  company,  or 
in  case  said  company  shall  so  restore  such  streets,  pavements,  side- 
walks, grounds,  water  pipes,  sewer  or  gas  pipes  to  a condition 
equally  as  good  as  before,  then  such  deposit  shall  be  returned  to 
said  company. 

T 6.  Restoration  of  streets— signal  lights— hours  for  opening 
streets.]  § 5.  Said  company  shall  do  no  permanent  injury  to  any 
street  or  alley,  or  in  any  manner  unnecessarily  interfere  with  any 
water  pipe,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables 
or  pipes  which  are  now  or  may  hereafter  be  laid  by  the  city  of 
Chicago  or  any  authorized  company  or  corporation,  and  whenever 
said  company  shall  open  any  street,  alley  or  public  way,  or  interfere 
with  any  sewer  or  gas  pipe,  cable  wire  or  conduit  therein,  the  said 
street,  alley  or  public  way  shall  be  restored  forthwith  to  as  good 
a condition  as  before  said  opening  or  encumbrance.  The  said 
restoration  to  be  made  at  the  expense  of  said  company.  In  case 
said  company  shall  fail  to  make  such  restoration  in  accordance 
with  these  conditions,  the  same  may  be  done  by  said  city,  and  said 
company  shall  be  liable  to  said  city  for  the  costs  thereof.  Said 
company  shall  not  open  or  encumber  more  of  any  street,  avenue, 
alley  or  public  place  at  any  one  time  than  may  be  necessary  to 
enable  it  to  proceed  with  advantage  in  the  laying  of  any  conduit 
within  the  territory  described  in  section  two  hereof,  nor  shall  said 
company  permit  any  such  street,  avenue,  alley  or  public  place  to 
remain  open  or  encumbered  for  a longer  period  than  shall  be  nec- 
essary to  execute  the  work  for  which  the  same  shall  have  been 
opened  or  without  putting  up  the  necessary  barrier  and  lights  so 
as  to  effectually  prevent  the  happening  of  any  accident  in  conse- 
quence of  such  opening  or  encumbering  of  such  street,  alley, 
avenue  or  public  place.  In  the  district  bounded  by  Twelfth  street 
on  the  south,  the  Chicago  river  on  the  west  and  north,  and  Lake 
Michigan  on  the  east,  no  excavation  of  the  streets  shall  be  made 
except  between  the  hours  of  9 p.  m.  and  6 a.  m.,  and  then  only 
upon  condition  that  the  street  shall  be  restored  to  a passable 
condition  for  traffic  purposes  during  the  hours  from  6 a.  m.  to 
9 p.  m. 

•[  7.  Insulation— guard  wires.]  § 6.  All  conductors  and 


54 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  24 


wires  owned  and  operated  by  the  said  company  under  the  pro- 
visions of  this  ordinance  shall  be  properly  insulated,  and  all  over- 
head conductors  used  by  said  company  shall  be  protected  by  guard 
wires  or  other  suitable  mechanical  device  or  devices. 

T 8.  Indemnity  clause.]  § 7.  The  said  Cosmopolitan  Electric 
company  shall  be  liable  to  and  shall  compensate  the  city  of 
Chicago,  and  pay  any  private  individual,  owner  or  owners,  or 
parties  interested  in  any  property  adjacent  to  any  street,  avenue 
or  alley  opened  or  injured  by  it,  for  all  damages  which  may  result 
by  reason  of  said  company  having  negligently  opened,  encum- 
bered, protected  or  guarded  any  such  street,  avenue  or  alley  in 
said  city,  or  from  or  by  reason  of  any  negligence  or  failure  on  the 
part  of  said  company  in  the  exercise  of  any  of  the  privileges 
granted  by  this  ordinance. 

^ 9.  Erection  of  plant.]  § 8.  Said  company  shall,  within 
three  years  from  the  passage  of  this  ordinance,  erect,  construct 
and  have  ready  for  operation  a plant  or  plants,  and  in  connection 
therewith  have  constructed  underground  conduits  or  erected  poles 
and  strung  wires  thereon,  or  both,  the  actual  bona  fide  cost  of  all 
of  which  shall  be  one  hundred  thousand  dollars  ($100,000). 

•.T  10.  Charge  to  consumers.]  § 9.  The  said  company  shall 
not  charge  any  private  consumer  a sum  exceeding  one  cent  per 
hour  for  each  sixteen  candle  power  light.  Said  company  shall  not 
charge  more  than  $10.50  per  month  for  each  arc  light  of  sixteen 
hundred  (1,600)  candle  power,  when  such  arc  light  is  operated  the 
entire  night,  and  the  maxiumum  charge  for  each  such  arc  light 
when  the  same  is  operated  until  12:30  o’clock  a.  m.,  shall  not 
exceed  $7.50  per  month.  Said  company  shall  not  charge  any 
private  consumer  more  than  forty  cents  per  horse  power  per  day 
for  all  power  furnished  by  it,  and  the  charge  for  the  use  of  said 
wires  for  any  other  purpose  shall  be  a reasonable  one. 

For  the  transmission  of  sound,  said  company  shall  not  in  any 
instance  charge  more  than  five  (5)  per  cent,  less  than  the  present 
rate  charged  by  the  Chicago  Telephone  company  for  the  same  or 
similar  service. 

T 11.  Compensation  to  city.]  §10.  The  rights  and  privileges 
hereby  granted  are  upon  the  express  condition  that  the  Cosmopoli- 
tan Electric  company  shall,  after  the  expiration  of  five  years  from 
the  date  upon  which  it  shall  commence  to  operate  its  said  plant  or 
plants,  pay  annually  to  said  city  of  Chicago,  for  and  in  consid- 
eration of  the  rights  and  privileges  hereby  granted,  an  amount 
equal  to  three  per  centum  of  the  gross  revenue  and  receipts 
of  said  company  from  the  operation  of  its  said  plant  or  plants. 
Such  payment  shall  be  made  in  manner  following:  At  the  ex- 

piration of  six  years  from  the  date  upon  which  it  shall  com- 
mence to  operate  its  said  plant  or  plants,  the  president  or  other 
chief  officer  of  said  company  shall  file  with  the  comptroller  of 


COSMOPOLITAN  ELECTRIC  COMPANY. 


55 


§ 24] 


said  city  of  Chicago  a statement  under  oath  showing  the 
amount  of  gross  annual  revenue  or  receipts  of  said  company  for 
the  preceding  year,  and  shall  at  the  same  time  pay  to  said  comp- 
troller the  said  amount  of  three  per  centum  of  the  annual  gross 
revenue  or  receipts  from  the  operation  of  its  said  plant  or  plants 
for  said  year.  Said  respective  payments  to  be  made,  as  herein 
described,  annually  thereafter.  Such  statement,  however,  shall 
not  be  final  or  binding  upon  the  city,  and  the  comptroller  of  the 
city  of  Chicago,  or  his  authorized  agent,  shall  at  all  times,  upon 
such  statement  being  made  as  herein  contemplated,  have  the  right 
to  examine  the  books  of  said  company  showing  said  gross  receipts 
for  the  purpose  of  verifying  the  same. 

1 12.  Other  company’s  conduits.]  § ii.  Said  company  may 
place  its  wires  and  conductors  within  conduits  belonging  to  any 
other  corporation  with  whom  it  may  arrange  for  that  purpose,  now 
located  or  which  may  hereafter  be  located  within  such  streets  or 
alleys  within  the  territory  above  mentioned,  and  may  likewise 
string  its  wires  upon  the  poles  of  any  corporation  now  or  hereafter 
having  poles  in  said  city  within  the  territory  in  which  it  is  provided 
by  this  ordinance,  that  said  company  may  erect  poles,  and  it  is 
expressly  understood  that  said  city  of  Chicago  shall  have  the  right 
to  place  wires  owned  or  used  by  it  for  telegraph  and  telephone 
service  in  any  one  of  the  conduits  of  the  said  company  without  any 
further  consideration  than  the  passage  of  this  ordinance. 

IT  13.  Term  of  grant — right  of  purchase.]  § 12.  The  rights 
and  privileges 'hereby  granted  by  this  ordinance  are  granted  for  the 
term  of  fifty  (50)  years  from  and  after  the  acceptance  of  this 
ordinance,  and  said  rights  and  privileges  are  hereby  granted  on  the 
express  condition  that  at  the  end  of  said  term  of  fifty  (50)  years 
from  and  after  the  acceptance  of  this  ordinance,  the  city  of  Chicago 
shall  have  the  right  to  purchase  the  entire  plant  or  plants  of  said 
company  and  all  its  property  and  effects  of  every  kind  and  nature 
within  said  city  of  Chicago  at  an  appraised  value  which  shall  be 
ascertained  and  determined  by  three  competent  and  disinterested 
appraisers  who  shall  have  full  access  to  all  books,  papers  and  other 
documents  bearing  on  or  appertaining  to  the  subject,  and  such 
appraisers  shall  be  selected  in  the  following  manner,  to  wit : One 

of  said  appraisers  shall  be  appointed  by  the  said  city  of  Chicago, 
one  by  said  company,  and  the  two  so  selected  shall  choose  a third, 
and  if  said  two  appraisers  cannot  agree  upon  a third,  then  such 
third  appraiser  shall  be  selected  by  the  chief  justice  of  the  circuit 
court  of  Cook  county,  Illinois,  and  the  said  three  appraisers  so 
chosen  shall,  within  six  months  after  the  appointment  of  the  last 
appraiser,  make  report  in  writing  of  the  value  of  said  property 
to  said  city  of  Chicago,  and  to  said  company,  and  the  said  city  of 
Chicago  shall  have  the  option,  at  any  time  within  six  months  after 
the  receipt  of  said  report,  to  purchase  said  plant  or  plants  and 
property,  together  with  all  its  appurtenances  and  equipment  at  the 


56 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


aforesaid  value  so  fixed  by  said  appraisers;  provided,  however, 
that  if  said  city  shall  so  elect  to  so  purchase  said  plant  or  plants  and 
property,  then  said  company  shall  have  the  right  to  operate  said 
plant  or  plants  and  property  and  receive  the  profit  therefrom  during 
the  time  such  arbitration  is  in  progress,  and  until  the  same  shall  be 
completed  and  the  purchase  price,  as  fixed  by  the  arbitration,  has 
been  paid. 

T 14.  Acceptance,  bond.]  § 13.  This  ordinance  shall  not  be 
in  force  as  to  said  Cosmopolitan  Electric  company  until  it  shall 
have  been  accepted  by  said  company,  such  acceptance  to  be  made 
and  notice  thereof  in  writing  filed  with  the  city  clerk  within  ninety 
(90)  days  from  the  passage  of  the  same,  nor  until  said  company 
shall  have  given  and  filed  in  the  city  clerk’s  office  a good  and 
sufficient  bond,  with  sureties  to  be  approved  by  the  mayor  of  the 
city  of  Chicago,  in  the  penal  sum  of  seventy-five  thousand  dollars 
($75,°°°),  providing  that  said  company  will  well  and  truly  pay  or 
cause  to  be  paid  any  and  all  damages  that  may  accrue  by  delay  in 
repairing,  removing  or  laying  its  wires  and  conduits,  and  erecting 
said  poles  and  stringing  wires  upon  the  same,  and  shall  indemnify 
and  save  harmless  the  said  city  of  Chicago  from  any  and  all  costs 
and  expenses  of  every  kind  whatsoever  which  may  be  recovered 
against  said  city  in  consequence  of  the  neglect  of  said  company  or 
its  authorized  agents  or  servants,  and  will  save  and  keep  harmless 
the  said  city  of  Chicago  from  any  and  all  damages,  loss  or  expenses 
caused  by  or  incident  to  the  erection  of  said  poles,  the  laying  of 
said  conduits  and  operation  of  said  wires  and  maintenance  thereof. 

T 15.  When  in  force.]  § 14.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 

Note. — See  following  repealing  ordinance. 

§ *24.  Repeal. 

U 1.  Title — date  of  passage. 

2.  Preamble  and  repeal. 

H[  3.  In  force  from  and  after  its  passage. 

•ff  1.  An  Ordinance  Repealing  an  Ordinance  Granting  Certain  Rights  to  the 
Cosmopolitan  Electric  Company.  (Passed  April  io,  1895.) 

An  ordinance  repealing  Cosmopolitan  Electric  ordinance. 

Whereas,  The  record  of  the  council  proceedings  show  that  an 
ordinance  purports  to  have  been  passed  on  February  25,  1895,  by 
the  city  council  of  the  city  of  Chicago,  granting  certain  rights  and 
privileges  to  the  Cosmopolitan  Electric  company ; and, 

Whereas,  The  passage  of  such  ordinance  was  improper  and 
illegal;  therefore, 

IT  2.  Preamble— repeal  of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the 

ordinance  granting  certain  rights  and  privileges  to  the  Cosmopolitan 
Electric  company,  passed  on  February  25,  1895,  by  the  city  council 
of  the  city  of  Chicago,  be  and  the  same  is  hereby  repealed. 


§ 25]  ENGLEWOOD  ELECTRIC  LIGHT  COMPANY,  TOWN  OF  LAKE. 


57 


*i  3.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 

Note. — The  ordinance  of  February  25,  1895,  above  referred  to, 
was  passed  on  that  date  and  was  vetoed,  reconsidered,  amended 
and  passed  as  amended  March  4,  1895. 


ENGLEWOOD  ELECTRIC  LIGHT  COMPANY,  TOWN 

OF  LAKE. 

§ 25.  Englewood  Electric  Light  company  (with  town  of  Lake.) 

TT  1.  Title  and  date  of  passage. 

Tf  2.  Permission  to  erect,  lay,  maintain  and  use  one  or  more  sys- 
tems of  electrical  conductors  above  or  underground. 

*17  3.  Grant  for  underground  system  of  conduits. 

*|f  4.  Grant  for  system  of  steam  pipes. 

*ff  5.  Conditions. 

6.  Permits — repairs  of  streets, 
if  7.  Restoration  of  streets, 
if  8.  Charge  to  consumers. 

if  9.  Bond  of  indemnity  not  to  limit  liability ; renewal  of  bond, 
if  10.  Acceptance  and  when  in  force. 

1.  An  Ordinance  Authorizing  the  Englewood  Electric  Light  Company,  its 
Successors  or  Assigns,  to  Erect,  Lay  and  Maintain  Electrical  Conductors 
and  Steam  Pipes  for  the  Business  of  Supplying  Light,  Heat  and  Power 
for  Electrical  Purposes  in  Certain  Territory.  (Passed  July  31,  1888. 
Accepted,  bond  filed,  certificate  of  secretary  of  state  filed  August  7,  1888.) 

1”  2.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  town  of  Lake:  § 1.  That  permission  and  authority 

be,  and  the  same  is  hereby  granted  to  the  Englewood  Electric  Light 
company,  a corporation  organized  under  the  laws  of  the  state  of  Illi- 
nois, having  its  principal  office  in  Englewood,  Cook  county,  Illinois, 
its  successors  or  assigns,  to  erect,  lay,  and  maintain  and  use  one 
or  more  systems  of  electrical  conductors  above  or  underground  in 
the  streets,  alleys,  places,  parks,  and  public  grounds  of  the  town 
of  Lake. 

1 3.  Grant  for  underground  system  of  conduits.]  § 2.  That 
permission  and  authority  be  and  the  same  is  hereby  granted  to  the 
Englewood  Electric  Light  company  to  lay,  maintain  and  use  an 
underground  system  of  conduits  for  the  purpose  of  occupying  and 
using  the  same  for  electrical  conductors,  in  the  streets,  alleys, 
places,  parks  and  public  grounds  of  the  town  of  Lake. 

1 4.  Grant  for  system  of  steam  pipes.]  § 3.  That  permis- 
sion arid  authority  be,  and  the  same  is  hereby  granted  to  the  Engle- 
wood Electric  Light  company,  to  lay,  maintain  and  use  under- 
grounds, within  the  streets,  alleys,  places,  parks  and  public  grounds 


58  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  25 

in  the  town  of  Lake  a system  of  steam  pipes  for  heating  and 
other  purposes. 

T 5.  Conditions  of  grant.]  § 4.  The  foregoing  privileges 
are  granted  to  the  Englewood  Electric  Light  company  upon  the 
following  conditions  and  with  the  following  limitations  and  agree- 
ments, and  the  acceptance  of  this  ordinance  by  the  said  Englewood 
Electric  Light  company  shall  constitute  said  conditions,  limitations 
and  agreements,  a binding  contract  upon  the  said  Englewood 
Electric  Light  company. 

1 6.  Permits  for  work— restoration  of  streets.]  § 5.  No 

street,  alley,  place,  park  or  public  ground  of  the  town  of  Lake  shall 
be  entered  upon  by  the  said  Englewood  Electric  Light  company, 
its  successors  or  assigns,  for  the  purpose  of  erecting,  laying,  using 
or  maintaining  any  of  the  works  or  constructions  above  mentioned, 
or  using  said  street,  alley,  place  or  public  ground  of  the  town  of 
lake  for  either  or  any  of  the  purposes  mentioned  in  sections  1,  2 and 
3 above,  without  having  first  obtained,  in  each  instance,  from  the 
president  and  board  of  trustees  of  said  town,  express  authority  and 
permission  for  the  specific  work  proposed,  and  in  each  and  every 
instance  said  work  shall  be  done  under  the  supervision  and  to  the 
satisfaction  of  the  superintendent  of  the  department  of  public  works 
of  the  town  of  Lake,  and  at  such  times  and  in  such  manner  as  the 
said  president  and  board  of  trustees  may  in  said  ordinance  or  reso- 
lution designate;  and  said  streets,  alleys,  places,  parks  or  public 
grounds  shall  be  restored  by  said  Englewood  Electric  Light  com- 
pany, under  the  supervision  and  to  the  satisfaction  of  the  superin- 
tendent of  the  department  of  public  works  of  the  town  of  Lake, 
without  any  expense  whatever  to  said  town,  and  in  such  time  as 
said  superintendent  of  the  department  of  public  works  of  said  town 
may  designate,  to  as  good  condition  as  they  were  in  before  said 
work  was  begun  by  said  company;  and  said  company,  by  the 
acceptance  of  this  ordinance,  agrees  to  do  said  work  and  make  said 
restoration  as  herein  provided,  and  said  company,  by  the  acceptance 
of  this  ordinance,  further  agrees  to  maintain  such  parts  of  said 
streets,  alleys,  places,  parks  and  public  grounds  as  may  have  been 
so  disturbed  by  said  company,  for  the  period  of  one  year  after  said 
restoration,  in  good  repair,  under  the  supervision  and  to  the  satisfac- 
tion of  the  superintendent  of  the  department  of  public  works  of  said 
town,  and  without  expense  to  said  town,  and  in  case  the  said  Engle- 
wood Electric  Light  company  shall  refuse  or  neglect,  for  the 
period  of  five  days  after  receiving  written  notice  from  the  superin- 
tendent of  the  department  of  public  works  of  said  town,  to  make 
said  restoration  or  repairs,  then  said  superintendent  of  the  depart- 
ment of  public  works  of  said  town  may  cause  the  same  to  be  done 
in  such  manner  as  he  may  deem  proper,  and  the  expense  of  such 
work  shall  be  paid  by  said  company  on  demand  of  said  town  of 
Lake. 


25]  ENGLEWOOD  ELECTRIC  LIGHT  COMPANY,  TOWN  OF  LAKE. 


59 


1 7.  Restoration  of  streets.]  § 6.  Whenever  it  may  be 
found  necessary,  in  making  any  of  the  constructions  herein  con- 
tained, or  contemplated,  in  this  ordinance,  or  in  repairing  the 
same,  to  interfere  with  or  disturb  any  pavement,  sewer,  water 
pipe,  gas  pipe,  sidewalk  or  crosswalk,  the  same  shall  be  replaced 
and  restored  by,  or  at  the  expense  of,  said  Englewood  Electric 
Light  company,  or  its  assigns,  and  without  any  expense  whatever 
to  the  said  town  of  Lake,  to  as  good  condition  as  the  same  was  in 
before  said  work  was  begun  by  said  company. 

T 8.  Charge  to  consumers.]  § 7.  Said  company  shall  not 
charge  its  consumers  to  exceed  the  sum  of  one  cent  per  hour  per 
sixteen  candle  power  light,  when  the  use  of  the  same  is  ascertained 
by  meter,  and  all  town  service  of  light  shall  not  exceed  a like  sum 
as  charged  to  its  regular  customers,  with  the  discount  thereon  to 
said  town  of  ten  per  cent.,  if  payment  be  made  on  or  before  the 
twelfth  day  of  the  succeeding  month. 

1 9.  Bond— not  a limit  to  liability— renewal.]  § 8.  The 

rights  and  privileges  hereby  granted  are  granted  upon  the  express 
condition  that  the  said  Englewood  Electric  Light  company  will  first 
enter  into  a bond  with  the  town  of  Lake,  to  be  approved  by  the 
president  and  board  of  trustees  of  said  town,  with  good  and 
sufficient  sureties,  in  the  penal  sum  of  ten  thousand  dollars 
($10,000)  conditioned  to  indemnify  and  save  harmless  the  said  town 
against  and  from  any  and  all  damages  or  claims  for  damages,  judg- 
ments, decrees,  costs  and  expenses  of  the  same,  which  said  town  of 
Lake  may  suffer,  or  which  may  be  recovered  or  obtained  against 
the  said  town  for  or  by  reason  of  the  granting  of  the  rights  and 
privileges  in  this  ordinance  contained,  or  for  or  by  reason  of,  or 
growing  out  of,  or  resulting  from  the  passage  of  this  ordinance,  or 
from  any  act  or  acts  of  the  said  company,  under  or  by  virtue  of  the 
authority  herein  granted,  or  the  failure,  refusal  or  neglect  of  said 
company  to  perform  each  and  every  of  the  said  conditions  upon 
which  this  'ordinance  is  granted ; and  it  is  hereby  further  provided 
that  upon  the  recovery  of  any  such  final  judgment  or  decree 
against  said  town,  as  aforesaid,  said  company  shall  immediately, 
and  without  prior  payment  of  such  judgment  or  decree  by  said  town, 
be  liable  to  pay  and  shall  pay  the  amount  or  amounts  thereof  to  said 
town,  and  the  fact  that  the  said  town  may  not  have  paid  such  judg- 
ment or  decree  shall  constitute  no  defense  on  the  part  of  said  com- 
pany; and  it  is  hereby  further  expressly  provided  that  in  case  of 
the  failure  on  the  part  of  said  Englewood  Electric  Light  company 
to  perform  any  of  the  conditions  or  provisions  of  this  ordinance, 
the  said  town  of  Lake  shall  not  be  limited  to  an  action  upon  the 
bond  of  said  company,  but  may  proceed  at  once  against  the  said 
company  in  any  suit  or  action  at  law  or  in  equity  which  it  may 
deem  advisable  or  necessary  for  the  recovery  of  any  money,  dam- 
ages or  costs,  which  it  may  have  sustained  by  reason  of  such 


60 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  ^5 


breach  or  failure ; and  it  is  hereby  further  provided  that  the  said 
Englewood  Electric  Light  company,  its  successors  and  assigns, 
shall  renew  said  bond,  and  the  sureties  thereon,  whenever  and  so 
often  as  the  said  town  of  Lake  may  desire  or  require. 

IT  10.  Acceptance  of  ordinance.]  § 9.  The  said  company 
shall  signify  its  acceptance  of  this  grant  or  permission  upon  the 
terms,  conditions  and  restrictions  herein  provided,  by  filing  with 
the  clerk  of  the  town  of  Lake  a written  acceptance  hereof,  together 
with  the  bond  herein  provided  for,  and  together  with  a certificate  of 
the  secretary  of  state  that  said  company  is  duly  incorporated  under 
the  laws  of  the  state  of  Illinois,  within  sixty  days  from  the  date  of 
the  passage  hereof. 

§ *25.  Englewood  Electric  Light  company  (with  Hyde  Park). 

IT  l-  Title  and  date  of  passage. 

TT  2.  Permission  to  erect,  lay,  maintain  and  use  one  or  more  sys- 
tems of  electrical  conductors  above  or  underground  in  desig- 
nated limits. 

If  3.  Grant  to  lay,  maintain  and  use  an  underground  system  of 
conduits  as  electrical  conductors. 

f 4.  Terms  of  grant  constitute  a contract. 

\ 5.  Permits  for  work — restoration  of  streets. 

T[  6.  Restoration  of  streets. 

\ 7.  Charges  or  rates  to  consumers. 

8.  Bond  to  be  given,  not  to  limit  liability. 

\ 9.  Insulation — dimension  of  poles,  how  placed. 

T 10.  Subject  to  ordinances. 

Tf  11.  Acceptance — when  in  force. 

1.  An  Ordinance  Authorizing  the  Englewood  Electric  Light  Company,  its 
Successors,  to  Erect,  Lay  and  Maintain  Electrical  Conductors  for  the 
Business  of  Supplying  Light  and  Power  for  Electrical  Purposes  Within 
Certain  Territory.  (Passed  September  n,  1888.  Accepted,  bond  filed, 
certificate  of  secretary  of  state  filed  September  18,  1888.) 

f 2.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and 

authority  be,  and  the  same  is  hereby  granted  to  the  Englewood 
Electric  Light  company,  a corporation  organized  under  the  laws  of 
the  state  of  Illinois,  having  its  principal  office  in  Englewood,  Cook 
county,  Illinois,  and  its  successors,  to  erect,  lay",  maintain  and  use 
one  or  more  systems  of  electrical  conductors  above  or  under  ground, 
in  the  streets,  alleys,  places,  parks  and  public  grounds  of  the  village 
of  Hyde  Park. 

1“  3.  Grant  for  underground  system.]  §2.  That  permission 
and  authority  be,  and  the  same  is  hereby  granted  to  the  Englewood 
Electric  Light  company"  to  lay",  maintain  and  use  an  underground 
system  of  conduits  for  the  purpose  of  occupy-ing  and  using  the  same 
for  electrical  conductors,  in  the  streets,  alleys,  places,  parks  and 
public  grounds  of  the  village  of  Hy-de  Park. 

T 4.  Conditions  of  grant.]  § 3-  The  foregoing  privileges  are 
granted  to  the  Englewood  Electric  Light  company  upon  the 


§ 25]  ENGLEWOOD^  ELECTRIC  LIGHT  COMPANY,  HYDE  PARK.  61 

following  conditions  and  with  the  following  limitations  and  agree- 
ments, and  the  acceptance  of  this  ordinance  by  the  said  Englewood 
Electric  Light  company  shall  constitute  said  conditions,  limitations 
and  agreements,  a binding  contract  upon  the  said  Englewood 
Electric  Light  company. 

1 5.  Permits  for  work — restoration  of  streets.]  § 4-  No 

street,  alley,  place,  park  or  public  ground  of  the  village  shall  be 
entered  upon  by  the  said  Englewood  Electric  Light  company,  its 
successors,  for  the  purpose  of  erecting,  laying,  using  or  maintain- 
ing any  of  the  works  or  constructions  above  mentioned,  or  using 
said  street,  alley,  place  or  public  ground  of  the  village  of  Hyde 
Park  for  either  or  any  of  the  purposes  mentioned  in  sections  i,  2 
and  3 above,  without  having  first  obtained,  in  each  instance,  from 
the  president  and  board  of  trustees  of  said  village,  express  authority 
and  permission  for  the  specific  work  proposed,  and  in  each  and 
every  instance  said  work  shall  be  done  under  the  supervision  and 
to  the  satisfaction  of  the  superintendent  of  the  department  of 
public  works  of  the  village  of  Hyde  Park,  and  at  such  times  and  in 
such  manner  as  the  said  president  and  board  of  trustees  may  in  said 
ordinance  or  resolution  designate;  and  said  streets,  alleys,  places, 
parks  or  public  grounds  shall  be  restored  by  said  Englewood 
Electric  Light  company,  under  the  supervision  and  to  the  satisfac- 
tion of  the  superintendent  of  the  department  of  public  works  of  the 
village  of  Hyde  Park,  without  any  expense  whatever  to  said 
village,  and  in  such  time  as  said  superintendent  of  the  department 
of  public  works  of  said  village  may  designate,  to  as  good  condition 
as  they  were  in  before  said  work  was  begun  by  said  company ; and 
said  company,  by  the  acceptance  of  this  ordinance,  agrees  to  do 
said  work  and  make  said  restoration  as  herein  provided,  and  said 
company,  by  the  acceptance  of  this  ordinance,  further  agrees 
to  maintain  such  parts  of  said  streets,  alleys,  places,  parks  and 
public  grounds  as  may  have  been  so  disturbed  by  said  company,  for 
the  period  of  one  year  after  said  restoration,  in  good  repair,  under 
the  supervision  and  to  the  satisfaction  of  the  superintendent  of  the 
department  of  public  works  of  said  village,  and  without  expense  to 
said  village,  and  in  case  the  said  Englewood  Electric  Light  company 
shall  refuse  or  neglect,  for  the  period  of  five  days  after  receiving 
written  notice  from  the  superintendent  of  the  department  of  public 
works  of  said  village,  to  make  said  restoration  or  repairs,  then  said 
superintendent  of  the  department  of  public  works  of  said  village 
may  cause  the  same  to  be  done  in  such  manner  as  he  may  deem 
proper,  and  the  expense  of  such  work  shall  be  paid  by  said  company 
on  demand  of  said  village  of  Hyde  Park. 

IT  6.  Restoration  of  streets.]  § 5.  Whenever  it  may  be 
found  necessary,  in  making  any  of  the  constructions  herein  con- 
tained or  contemplated  in  this  ordinance,  or  in  repairing  the  same, 
to  interfere  with  or  disturb  any  pavement,  sidewalk  or  crosswalk, 
the  same  shall  be  replaced  and  restored  by,  or  at  the  expense  of  said 


62 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


Englewood  Electric  Light  company,  and  without  any  expense 
whatever  to  the  said  village  of  Hyde  Park,  to  as  good  condition  as 
the  same  was  in  before  said  work  was  begun  by  said  company. 

1 7.  Charge  to  consumers.]  § 6.  Said  company  shall  not 
charge  its  customers  to  exceed  the  sum  of  one  cent  per  hour-  per 
sixteen  candle  power  light,  when  the  use  of  the  same  is  ascertained 
by  meter,  and  all  town  service  of  light  shall  not  exceed  a like  sum 
as  charged  to  its  regular  customers,  with  the  discount  thereon  to 
said  village  of  ten  per  cent,  if  payment  be  made  on  or  before  the 
twelfth  day  of  the  succeeding  month. 

IT  8.  Bond— not  a limit  of  liability — renewal.]  § 7.  The 

rights  and  privileges  hereby  granted  are  granted  upon  the  express 
condition  that  the  said  Englewood  Electric  Light  company  will 
enter  into  a bond  with  the  village  of  Hyde  Park,  to  be  approved 
by  the  president  and  board  of  trustees  of  said  village,  with  good 
and  sufficient  sureties,  in  the  penal  sum  of  twenty  thousand  dollars 
($20,000),  conditioned  to  indemnify  and  save  harmless  the  said 
village  against  and  from  any  and  all  damages  or  claims  for  damages, 
judgments,  decrees,  costs  and  expenses  of  the  same,  which  said 
village  of  Hyde  Park  may  suffer  or  which  may  be  recovered  or 
obtained  against  the  said  village,  for  or  by  reason  of  the  granting 
of  the  rights  and  privileges  in  this  ordinance  contained,  or  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage  of 
this  ordinance,  or  from  any  act  or  acts  of  the  said  company,  under 
or  by  virtue  of  the  authority  herein  granted,  or  the  failure,  refusal 
or  neglect  of  said  company  to  perform  each  and  every  of  the  said 
conditions  upon  which  this  ordinance  is  granted ; and  it  is  hereby 
further  provided  that,  upon  the  recovery  of  any  such  final  judg- 
ment or  decree  against  said  village  as  aforesaid,  said  company  shall 
immediately,  and  without  prior  payment  of  such  judgment  or 
decree  by  said  village,  be  liable  to  pay,  and  shall  pay  the  amount  or 
amounts  thereof  to  said  village,  and  the  fact  that  the  said  village 
may  not  have  paid  such  judgment  or  decree  shall  constitute  no 
defense  on  the  part  of  said  company;  and  it  is  hereby  further 
expressly  provided  that,  in  case  of  the  failure  on  the  part  of  said 
Englewood  Electric  Light  company  to  perform  any  of  the  condi- 
tions or  provisions  of  this  ordinance,  the  said  village  of  Hyde  Park 
shall  not  be  limited  to  an  action  upon  the  bond  of  said  company, 
but  may  proceed  at  once  against  the  said  company  in  any  suit  or 
action,  at  law  or  in  equity,  which  it  may  deem  advisable  or  neces- 
sary for  the  recovery  of  any  money,  damages  or  costs,  which  it  may 
have  sustained  by  reason  of  such  breach  or  failure ; and  it  is  hereby 
further  provided  that  the  said  Englewood  Electric  Light  Company, 
its  successors,  shall  renew  said  bond  and  the  sureties  thereon,  when- 
ever, and  as  often  as  the  village  of  Hyde  Park  may  desire  or 
require. 

T 9.  Insulation — dimensions  of  poles,  how  placed.]  § 8.  All 


§26] 


FORT  WAYNE  JENNY  ELECTRIC  LIGHT  COMPANY. 


63 


lines  of  wire,  conductors  or  conduits,  for  the  transmission  of  elec- 
tricity, shall  be  properly  insulated,  and  when  placed  above  ground 
shall  be  supported  upon  substantial  poles  not  less  than  six  inches 
in  diameter,  not  less  than  25  feet  in  height,  and  not  more  than  180 
feet  apart. 

f 10.  Subject  to  all  ordinances.]  §9.  This  ordinance  and  all 
rights  herein  granted  shall  be  subject  to  all  ordinances  or  regula- 
tions relating  to  electric  lighting,  electric  lighting  companies,  and 
the  placing  or  maintenance  of  wires  for  electric  lighting  purposes 
now  in  force,  or  that  may  hereafter  be  passed. 

T 11.  Acceptance  of  ordinance.]  § 10.  The  said  company 
shall  signify  its  acceptance  of  this  grant  or  permission  upon  the 
terms,  conditions  and  restrictions  herein  provided,  by  filing  with  the 
clerk  of  the  village  of  Hyde  Park  a written  acceptance  hereof, 
together  with  the  bond  herein  provided  for,  and  together  with  the 
certificate  of  the  secretary  of  state,  that  said  company  is  duly  incor- 
porated under  the  laws  of  the  state  of  Illinois,  within  sixty  days 
from  the  date  of  the  passage  hereof. 


FORT  WAYNE  JENNY  ELECTRIC  LIGHT  COMPANY. 

§ 26.  Fort  Wayne  Jenny  Electric  company. 

•ff  1.  Title  and  date  of  passage. 

1 2.  Permission  to  erect  and  maintain  a system  of  electric  lighting. 

■j[  3.  Poles,  towers,  standards,  how  erected. 

4.  Indemnity  clause. 

f 5.  Privileges  to  extend  to  successors  of  the  company. 

If  6.  Penalties  for  defacing  or  injuring  poles,  etc. 

T1  7.  In  force  from  and  after  acceptance  by  the  company. 

1[  1.  An  Ordinance  Granting  Permission  to  the  Fort  Wayne  Jenny  Electric 
Light  Company  to  Erect  Electric  Lighting  System.  (Passed  March  18, 
1884.  Accepted  March  24,  1884.) 

T 2.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § 1.  That  the  Fort  Wayne  Jenny  Electric  Light 
company,  a corporation  of  the  state  of  Indiana,  be  and  [it]  is  hereby 
authorized  and  empowered  to  erect  and  maintain  from  time  to  time 
upon  any  or  all  of  the  streets,  alleys  or  other  ways  in  the  town  of 
Lake,  now  or  hereafter  dedicated  to  public  use,  such  towers,  masts, 
poles  or  standards  as  the  said  company  may  desire,  and  to  place  and 
use  thereon  such  wires,  cables  or  other  electrical  conductors,  lamps 
or  other  devices  or  appliances  as  may,  in  the  discretion  of  said 
company,  be  necessary  for  the  convenient  and  proper  operation, 
maintenance  and  use  of  the  Jenny  electric  lighting  system:  Pro- 

vided, however,  that  no  wire  or  cable  shall  be  placed  upon  such 


64 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


towers,  masts  or  poles  at  a distance  less  than  twenty-four  feet  from 
above  the  surface  grade  of  the  street,  alley  or  way  upon  which  the 
same  shall  be  placed,  provided  all  such  work  shall  be  under  the  con- 
trol of  the  engineer  of  the  town  of  Lake,  and  be  upon  such  streets 
as  the  board  of  trustees  may  from  time  to  time  designate. 

1 3.  Poles,  how  erected.]  § 2.  Such  towers,  masts,  poles  or 
standards  shall  be  erected  and  maintained  in  such  manner  as  not 
to  unnecessarily  interfere  with  the  public  use  of  any  street,  alley 
or  way. 

T 4.  Indemnity  clause.]  § 3.  Said  company  shall  forever 
indemnify  and  save  harmless  the  town  of  Lake  from  and  against 
any  loss  or  damage  growing  out  of  or  resulting  from  the  passage  of 
this  ordinance  or  the  privileges  by  the  terms  hereof  extended  to 
the  said  company. 

1"  5.  Privileges  extend  to  successors.]  § 4.  The  privileges 
and  obligations  of  this  ordinance  shall  extend  to  and  be  binding 
upon  the  successors  and  assigns  of  said  Fort  Wayne  Jenny  Electric 
Light  company. 

1 6.  Penalty  for  defacing  fixtures.]  § 5.  Any  person,  not 
authorized  by  said  company,  who  shall  climb  upon,  or  in  any  manner 
interfere  with,  deface,  damage  or  injure  any  tower,  mast,  pole  or 
other  standard  belonging  to  said  company,  or  any  wire,  cable  or 
electrical  conductor  or  lamp  placed  thereon,  or  connected  there- 
with, shall  be  liable  to  a penalty  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

f 7.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  acceptance  by  said  company. 


GARFIELD  ELECTRIC  LIGHT  COMPANY. 

* 26.  Garfield  Electric  Light  Company. 

IT  1.  Title. 

If  2.  Permission. 

•Jf  3.  Underground  conduits  as  prescribed, 
if  4.  Permits  required,  streets  to  be  restored — deposit, 
if  5.  Subject  to  supervision  of  superintendent  of  city  telegraph 
and  to  ordinances. 

^f  6.  Limitation  of  time  for  construction. 

If  7.  Rates  and  charges. 

if  8.  Five  per  centum  of  annual  gross  receipts  to  be  paid  to  city, 
if  9.  Term  of  grant  25  years. 

if  10.  Notice  of  acceptance,  and  indemnity  bond  to  be  given. 

•Jf  1.  An  Ordinance  Granting  Permission  to  the  Garfield  Electric  Light 
Company  to  Erect  and  Maintain  Plants  for  Production  of  Light  and 
Heat  by  Electricity,  and  for  the  Distribution  of  the  Same  Within 
Certain  Territory.  (Passed  April  19,  1897.) 


i *26] 


GARFIELD  ELEGTRIC  LIGHT  COMPANY. 


65 


2.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  under  the  conditions,  and  subject  to  the  limita- 
tions hereinafter  prescribed,  permission  and  authority  be  and  the  same 
are  hereby  granted  to  the  Garfield  Electric  Light  Company,  a corpora- 
tion organized  and  existing  under  and  by  virtue  of  the  laws  of  the 
state  of  Illinois,  its  successors  and  assigns,  to  erect,  construct,  main- 
tain and  operate  a plant  or  plants  for  the  production,  transmission  and 
distribution  of  electricity  for  the  purpose  of  furnishing  heat,  light  and 
power  in,  through,  upon  and  under  the  streets,  alleys  and  public  ways 
of  the  city  of  Chicago,  within  the  limits  of  the  twelfth  ward  in  said 
city,  bounded  as  follows : Commencing  at  the  intersection  of  Crawford 
avenue  and  west  Twelfth  street,  thence  east  along  west  Twelfth  street 
to  Campbell  avenue,  thence  north  to  west  Taylor  street,  thence  along 
west  Taylor  street  to  Paulina  street,  thence  north  along  Paulina  street 
to  the  intersection  of  Washington  boulevard,  thence  west  along  Wash- 
ington boulevard  to  California  avenue,  thence  north  on  California 
avenue  to  Lake  street,  thence  west  and  northwest  along  Lake  street 
to  the  intersection  of  Crawford  avenue,  thence  south  along  Crawford 
avenue  to  the  intersection  of  west  Twelfth  street,  or  the  place  of  begin- 
ning; provided,  that  said  company  is  prohibited  from  furnishing  power 
for  the  propelling  of  street  cars  or  surface  railways. 

T 3.  Underground  conduits  as  prescribed.]  § 2.  The  said 
company  may  in  any  or  all  of  the  streets  or  avenues,  within  the  district 
above  prescribed,  place,  maintain  and  operate  lines  of  wires  or  other 
electrical  conductors  in  underground  conduits,  which  conduits  shall 
be  constructed  under  the  supervision  and  to  the  satisfaction  of  the 
commissioner  of  public  works,  and  said  company  shall  at  all  times 
place  and  keep  on  file  with  the  commissioner  of  public  works  plans 
showing  the  location  of  each  conduit  laid,  and  the  number  of  ducts 
and  wires  in  each  conduit,  and  before  laying  any  new  conduit  said  com- 
pany shall  file  with  the  said  commissioner  of  public  works  a plan  show- 
ing where  each  conduit  is  to  be  laid,  location  of  manholes,  or  other 
openings  to  gain  access  to  said  conduits,  and  each  cover  for  such  open- 
ings shall  have  placed  thereon  the  name  of  said  company. 

IT  4.  Permits  required,  streets  to  be  restored — deposit.]  § 3* 

Said  company  shall  not  construct  any  conduits,  or  string  any  wires, 
or  in  any  way  disturb  the  surface  of  any  street,  avenue  or  alley  until  it 
shall  have  procured  a permit  from  the  department  of  public  works  of 
said  city  for  said  work.  And  whenever  said  company  shall  make 
application  in  writing  to  such  department  for  such  permit  or  permits, 
and  shall  comply  with  the  terms  and  conditions  of  this  ordinance,  it 
shall  be  the  duty  of  such  department  to  forthwith  issue  such  permit  or 
permits.  Said  company  shall  do  no  permanent  injury  to  any  street, 
avenue  or  alley,  or  in  any  manner  unnecessarily  interfere  with  any 
water  pipe,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables  or  pipes 
which  are  now  or  may  hereafter  be  laid  by  the  city  of  Chicago,  or 


5 


66 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§*26 


by  any  authorized  company  or  corporation;  and  whenever  said  com- 
pany shall  open  any  street,  alley  or  public  way,  or  interfere  with  any 
sewer,  gas  pipe,  cable,  wire  or  conduit  therein,  the  said  street,  alley 
or  public  way  shall  be  restored  forthwith  to  as  good  condition  as  it  was 
before  said  opening,  the  said  restoration  to  be  made  at  the  expense 
of  the  said  company;  and  before  it  shall  disturb  the  surface  of  any 
street  or  alley  it  shall  deposit  with  the  commissioner  of  public  works 
a sum  of  money  sufficient  to  pay  for  the  restoration  to  as  good  a con- 
dition as  the  same  was  before  being  disturbed:  which  said  sum  of 
money  so  deposited  shall  be  returned  to  said  company  by  said  com- 
missioner as  soon  as  said  company  shall  have  restored  said  street  or 
alley  as  herein  provided;  and  if  said  company  shall  neglect  or  refuse 
to  restore  such  street  or  alley,  then  from  and  with  the  funds  so  de- 
posited said  commissioner  shall  cause  the  same  to  be  done,  and  shall 
repay  and  refund  the  surplus,  if  any,  to  said  company.  Said  company 
shall  not  permit  any  street,  avenue,  alley  or  public  place  to  remain 
open  or  encumbered  for  a longer  period  than  shall  be  necessary  to 
execute  the  work  for  which  the  same  shall  have  been  opened,  and  it 
shall  erect  and  place  suitable  and  necessary  barriers  and  lights  so  as 
to  effectually  prevent  the  happening  of  any  accident  in  consequence 
of  such  opening  or  encumbering  of  such  street,  avenue  or  alley.  It  is 
expressly  agreed  and  understood  that  the  rights  and  privileges  granted 
under  this  ordinance  are  subject  to  all  the  general  ordinances  of  the 
city  now  in  force  or  which  may  hereafter  be  passed. 

T 5.  Subject  to  supervision  of  superintendent  of  city  tele- 
graph and  to  ordinances.]  § 4.  All  conductors  and  wires  owned  and 
operated  under  the  provisions  of  this  ordinance  shall  be  properly  insu- 
lated. And  said  conductors  and  wires  shall  be  placed  under  the  super- 
visions of,  and  in  such  manner  as  may  be  approved  by  the  superintend- 
ent of  city  telegraph.  And  this  ordinance  is  granted  by  the  city  of 
Chicago  and  accepted  by  said  company  with  the  express  understanding 
and  agreement  that  it  is  subject  to  all  ordinances  now  in  force  or  which 
may  hereafter  be  passed  concerning  the  removal  of  poles  from  the 
streets  of  the  city  and  the  placing  of  the  wires  thereon  in  underground 
conduits. 

T 6.  Limitation  of  time  for  construction.]  § 5.  Said  com- 
pany shall  within  three  years  from  the  passage  of  this  ordinance  erect, 
construct  and  have  ready  for  operation  a plant  or  plants,  and  in  con- 
nection therewith  have  constructed  underground  conduits,  the  actual 
bona  fide  cost  of  which  shall  not  be  less  than  five  thousand  dollars. 

1 7.  Rates  and  charges.]  § 6.  Said  company,  its  successors 
and  assigns,  shall  not  charge  any  private  consumer  a sum  exceeding 
three-fourths  of  a cent  per  hour  for  each  sixteen  candle  power  light, 
or  thirty-five  cents  for  each  sixteen-hundred-candle  power  arc  light 
for  the  entire  night:  and  it  shall  not  charge  more  than  the  sum  of  forty 


*26] 


GARFIELD  ELECTRIC  LIGHT  COMPANY. 


67 


cents  per  horse  power  per  twelve  hours  for  all  power  furnished  by  it; 
and  the  charge  for  any  other  use  or  purpose  shall  be  a reasonable  one. 

*1  8.  Five  per  centum  of  annual  gross  receipts  to  be  paid 
to  city.]  § 7.  The  rights  and  privileges  hereby  granted  are  upon  the 
express  condition  that  the  said  company,  its  successors  and  assigns, 
shall  from  and  after  January  1st,  1899,  pay  to  the  city  of  Chicago  a 
sum  equal  to  five  per  cent  of  its  annual  gross  receipts  derived  thereafter 
from  all  revenues  within  the  territory  covered  bv  this  ordinance  from 
the  operation  of  any  plant  or  plants  hereby  authorized;  said  payment 
to  be  made  to  the  city  comptroller  within  thirty  days  after  the  expira- 
tion of  each  six  months  from  said  date,  and  each  payment  shall  be 
accompanied  by  an  affidavit  subscribed  and  sworn  to  by  the  treasurer, 
or  other  duly  authorized  officer  or  agent  of  said  company,  to  the 
effect  that  the  amount  of  such  payment  is  equal  to  five  per  cent  of  said 
company’s  gross  receipts  as  required  by  this  ordinance.  The  city 
comptroller  shall,  within  a reasonable  time  after  the  filing  of  such  affi- 
davit, have  the  right  to  examine  the  books  and  accounts  of  said  com- 
pany for  the  purpose  of  verifying  the  correctness  of  the  statements 
contained  in  such  affidavit  or  affidavits  accompanying  such  payments. 

1 9.  Term  of  grant  25  years.]  § 8.  The  rights  and  privileges 
hereby  granted  by  this  ordinance  are  granted  for  the  term  of  twenty- 
five  years  from  and  after  the  acceptance  of  this  ordinance;  and  it  is 
further  expressly  agreed  that  at  the  end  of  the  said  term  of  twenty- 
five  years  from  and  after  the  acceptance  of  this  ordinance,  the  city  of 
Chicago  shall  have  the  right  to  purchase  the  entire  plant  or  plants 
of  said  company,  and  all  its  property  and  effects  of  every  kind  and 
nature  within  said  city  of  Chicago,  at  an  appraised  value,  which  shall 
be  ascertained  and  determined  by  three  competent  and  disinterested 
appraisers,  who  shall  have  full  access  to  all  books,  papers  and  other 
documents  bearing  on  or  appertaining  to  the  subject,  and  shall  be 
selected  in  the  following  manner,  towit:  One  of  said  appraisers  shall 

be  appointed  by  the  said  city  of  Chicago,  one  by  said  company,  and  the 
two  so  selected  shall  select  a third,  and  if  said  two  appraisers  can 
not  agree  upon  a third,  then  such  third  appraiser  shall  be  selected 
by  the  chief  justice  of  the  circuit  court  of  Cook  county,  Illinois;  and 
the  said  three  appraisers  so  chosen  shall  within  six  months  after  the 
appointment  of  the  last  appraiser  make  report  in  writing  of  the  values 
of  the  said  property  to  said  city  of  Chicago,  and  the  said  city  of  Chi- 
cago shall  have  the  option  at  any  time  within  six  months  after  the 
receipt  of  said  report,  to  purchase  said  plant  or  plants  and  property, 
together  with  all  its  appurtenances  and  equipment,  at  the  aforesaid 
value  so  fixed  by  said  appraisers. 

T 10.  Notice  of  acceptance,  and  indemnity  bond  to  be  given.] 

§ 9.  This  ordinance  shall  not  be  in  force  as  to  said  company  until  it 
shall  have  been  accepted  by  it.  Such  acceptance  to  be  made  and 
notice  thereof  in  writing  filed  with  the  city  clerk  within  sixteen  days 


68 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  2 7 


from  the  passage  of  the  same;  nor  shall  it  be  in  force  until  said  com- 
pany sl\all  have  given  and  filed  in  the  city  clerk’s  office  a good  and 
sufficient  bond,  with  sureties  to  be  approved  by  the  mayor  of  said  city, 
in  the  penal  sum  of  twenty  thousand  dollars,  provided  that  said  com- 
pany shall  well  and  truly  pay,  or  cause  to  be  paid,  any  and  all  damages 
that  may  accrue  by  delays  in  repairing,  stringing,  removing  or  laying 
its  wires  and  conduits,  and  shall  indemnify  and  save  harmless  the  said 
city  from  any  and  all  costs  and  expenses  of  everv  kind  whatsoever, 
which  may  be  recovered  against  said  city  in  consequence  of  the  neglect 
of  said  company  or  its  authorized  agents  or  servants,  and  will  save 
and  keep  harmless  the  said  city  from  any  and  all  damages,  loss  or 
expenses  caused  by  or  incidental  to  the  laying  of  said  conduits  and 
operation  of  said  wires,  and  the  maintenance  thereof. 


CHARLES  F.  HARTWIG  AND  EDWARD  AHLSWEDE. 

§ 27.  Charles  F.  Hartwig  and  Edward  Ahlswede. 

IF  1.  Title  and  date  of  passage. 

it  2.  Permission  to  construct  and  maintain  a line  or  lines  of  wires 
or  other  electric  conductors. 

If  3.  Underground  construction — permits. 

IF  4-  Restoration  of  streets. 

IF  5-  Indemnity  clause. 

IF  6.  Privileges  not  exclusive  unless  bond  be  given. 

IF  7.  Liability  not  limited — subject  to  ordinances. 

TF  8.  Extension  of  the  system. 

H 9.  To  light  street  intersections. 

H 10.  Compensation  to  the  city— Acceptance. 

TF  11.  Rights  when  forfeited. 

IF  12.  The  city  may  regulate  rates  and  charges  to  consumers. 

Hi"  13*  ln  force  after  acceptance  in  writing. 

IF  1.  An  Ordinance  Granting  Authority  to  Charles  F.  Hartwig  and 
Edward  Ahlswede  to  Construct  and  Maintain  Electric  Light  Works 
Within  Certain  Territory.  (Passed  July  2,  1888.) 

IT  2.  Grant— underground  wires.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

is  hereby  granted  to  Charles  F.  Hartwig  and  Edward  Ahlswede  to  con- 
struct and  maintain  in  the  streets  and  alleys,  and  with  the  consent 
of  the  adjacent  property  owners,  in  or  under  the  sidewalks  of  that 
portion  of  the  city  of  Chicago,  bounded  on  the  north  by  North  avenue, 
on  the  west  by  Noble  street  ,on  the  south  by  Kinzie  street,  and  on  the 
east  by  Desplaines  street,  a line  or  lines  of  wires  or  other  electric 
conductors,  to  be  used  for  transmitting  electricity  for  the  purpose  of 
furnishing  light  and  power,  said  conductors  to  be  placed  in  such  parts 


CHARLES  F.  HARTWIG  AND  EDWARD  AHLSWEDE. 


69 


§ 27] 


of  said  streets  and  alleys  as  shall  be  designated  in  the  written  permit 
hereinafter  mentioned;  provided,  that  in  any  street  where  the  Chicago 
Sectional  Electric  Underground  Company  or  any  other  conduit  system 
has  completed  conduits,  or  may  hereafter  lay  conduits,  then  said  Chas. 
F.  Hartwig  and  Edward  Ahlswede,  desiring  to  use  such  streets,  shall 
lay  their  wires  in  such  conduits,  or  in  conduits  of  their  own,  and  when 
said  Chas.  F.  Hartwig  and  Edward  Ahlswede  shall  build  conduits  of 
their  own,  they  shall  allow  the  wires  or  conductors  of  any  other  person 
or  persons,  company  or  corporation,  to  be  placed  in  such  conduits  at 
an  annual  rental  equal  to  that  charged  by  any  other  conduit  company. 
They  shall  permit  the  city  of  Chicago  to  use  the  conduits  of  said  Chas. 
F.  Hartwig  and  Edward  Ahlswede  free  of  cost  to  said  city. 

T 3.  Wires  to  be  underground — permits.]  § 2.  Where  streets 
or  alleys  shall  be  crossed  by  connecting  lines,  wires  or  conductors, 
which  are  run  under  or  in  sidewalks,  such  lines,  wires  or  conductors 
shall  be  laid  as  directed  by  the  commissioner  of  public  works.  All  such 
lines  or  wires  shall  be  underground,  properly  insulated,  and  shall  be 
constructed  under  the  supervision  and  to  the  satisfaction  of  the  com- 
missioner of  public  works,  or  such  other  officer  or  department  of  the 
city  government  as  hereafter  designated  by  ordinance  to  perform 
the  duties  of  such  commissioner.  No  wires  shall  be  laid  unless  a plat 
shall  be  filed  with  the  commissioner  of  public  works  designating  the 
streets,  squares  and  alleys  in  which  it  is  proposed  to  locate  the  same, 
and  a plat  of  the  circuit  of  wires  completed  shall  be  filed  with  the 
commissioner  of  public  works  before  the  same  are  used,  and  any 
change  in  the  same  shall  be  reported'  to  the  commissioner  of  public 
works. 

IF  4.  Restoration  of  streets.]  § 3.  Said  company  shall  do  no 
permanent  injury  to  any  street  or  alley,  or  in  any  manner  interfere 
with  any  water,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables 
or  pipes  which  are  now,  or  may  hereafter  be  laid  by  the  city  of  Chicago, 
or  any  authorized  company  or  corporation,  and  when  said  company 
shall  open  ground  in  any  street  or  alley,  or  shall  lay  its  conductors 
under  any  sidewalk,  or  in  any  tunnel,  it  shall  forthwith  restore  the 
street,  alley  or  sidewalk,  water  pipe,  sewer  or  gas  pipe,  to  as  good  con- 
dition as  before,  at  the  expense  of  said  company,  and  under  the  direc- 
tion and  supervision  and  to  the  satisfaction  of  the  department  of  public 
works  of  said  city;  and  if  said  company  shall  fail  or  refuse  so  to  do, 
the  same  may  be  done  by  said  city  and  the  said  company  shall  be  liable 
for  the  cost  thereof,  and  said  company  shall  not  make  any  excavation 
in  any  street,  avenue  or  alley  without  first  procuring  a written  permit 
for  that  purpose  from  the  department  of  public  works  of  said  city, 
which  permit  shall  specify  the  part  of  the  street,  allev  or  avenue  where 
the  conductor  or  conductors  of  said  company  shall  be  laid.  When 
any  excavation  shall  be  made  by  said  company  in  any  street  or  alley, 
the  foundation,  boards  or  planks  shall  be  removed  without  being  cut, 


70 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  27 


unless  such  cutting  shall  be  specially  permitted  by  the  department  of 
public  works  of  said  city.  The  said  company  shall,  upon  notice  from 
the  department  of  public  works  of  said  city,  forthwith  remove  or  change 
any  conductor  which  may  be  in  the  way  or  interfere  with  the  con- 
struction or  erection  of  any  viaduct,  public  building  or  other  public 
structure  within  said  city. 

T 5.  Indemnity  clause.]  § 4.  Said  company  shall  be  liable  to 
and  shall  compensate  the  city  of  Chicago  and  pay  any  private  indi- 
vidual, owner  or  owners,  or  parties  interested  in  anv  property  adjacent 
to  any  street,  avenue  or  alley  opened  or  injured  by  it,  for  all  damages 
which  may  result,  or  by  reason  of  such  company  having  negligently 
opened,  encumbered,  protected  or  guarded  any  such  street,  avenue  or 
alley  in  said  city,  or  from  or  by  reason  of  any  negligence  or  fault  on  the 
part  of  said  company  in  the  exercise  of  any  of  the  privileges  granted 
by  this  ordinance. 

1 6.  Privilege  not  exclusive  unless  bond  be  given.] 

§ 5.  Nothing  in  this  ordinance  shall  be  construed  as  conferring  any 
exclusive  rights  or  privileges  upon  the  company,  and  this  ordinance 
shall  not  take  effect  until  the  company  shall  have  executed  a bond  to 
the  city  of  Chicago  in  the  penal  sum  of  $20,000,  with  sureties  satis- 
factory to  the  mayor  of  said  city,  conditioned  to  pay  to  the  city  of 
Chicago  the  sum  and  sums  of  money  hereinafter  provided  to  be  paid 
to  said  city,  and  to  indemnify  and  to  save  harmless  the  city  of  Chicago 
of  and  from  all  damages  which  may  accrue  or  which  in  any  way  may 
arise  or  grow  out  of  the  exercis'e  by  said  company  of  the  privileges 
herein  granted,  and  said  bond  shall  be  executed  and  approved  within 
sixty  days  from  the  passage  of  the  ordinance. 

4 7.  Liability  not  limited — subject  to  ordinances.]  § 6.  The 
liability  of  such  company  to  said  city,  or  to  any  person  or  company 
who  may  be  injured  by  the  exercise  by  said  company  of  any  of  the 
rights  and  privileges  granted  by  this  ordinance,  shall  not  be  limited 
by  the  penalty  of  said  bond,  nor  shall  the  remedy  against  said  company 
be  confined  by  the  said  bond,  it  being  understood  that  such  remedy  is 
merely  cumulative,  and  that  said  city  of  Chicago  and  any  person  or 
persons  shall  have  the  same  remedies  against  said  company  as  it  or 
they  would  or  might  have  if  no  such  bond  were  given.  In  case  the 
duties  of  the  department  of  public  works  shall  be  devolved  by  said  city 
on  any  other  department,  or  officer,  the  permits  and  licenses  herein 
mentioned  shall  be  applied  for  to  such  department  or  officer,  and  the 
duties  herein  prescribed  to  be  performed  by  the  commissioner  of 
public  works,  or  the  department  of  public  works,  shall  be  performed 
by  such  other  officer  or  department.  Said  company  shall  be  subject 
to  all  general  ordinances  of  the  city  now  in  force,  or  which  may  here- 
after be  passed  in  relation  to  companies  laying  pipes  or  conductors 
in  the  said  city  of  Chicago. 

If  8.  Extension  of  system.]  § 7.  The  said  company  shall 


27] 


CHARLES  F'.  HARTWIG  AND  EDWARD  AHLSWEDE. 


71 


extend  its  conductors  and  supply  electricity  upon  any  street  or  streets 
within  the  territory  hereinbefore  described  when  ordered  so  to  do  by 
a majority  of  the  city  council;  provided,  however,  that  the  company 
shall  not  be  ordered  to  make  such  extensions  upon  any  street  or 
streets  until  consumers  enough  upon  such  street  or  streets  to  yield  a 
net  revenue  of  six  per  cent  per  annum  upon  the  whole  cost  of  such 
extension  shall  have  petitioned  the  council  for  the  same.  The  rights 
and  privileges  hereby  granted  shall  at  the  expiration  of  twenty  years 
from  the  passage  of  this  ordinance  absolutely  cease  and  determine,  it 
being  the  true  meaning  and  intent  of  this  ordinance  to  grant  the  said 
rights  and  privileges  only  for  the  term  of  twenty  years  from  its  passage. 

T 9.  To  light  street  intersections.]  § 8.  Said  company,  if  so 
requested  by  the  city  council  or  by  the  commissioner  of  public  works, 
shall  supply  and  maintain  one  electric  arc  light  of  2,000  candle  power 
each,  at  each  street  intersection  throughout  the  territory  over  which  its 
wires  shall  extend,  at  a price  not  to  exceed  cost  of  the  same  as  pro- 
duced by  the  city  as  may  be  agreed  upon  between  the  comptroller 
of  the  city  of  Chicago  and  the  said  company. 

1 10.  Compensation  to  city — acceptance.]  § 9.  This  ordi- 

nance is  passed  upon  the  express  agreement  and  understanding  that 
the  said  company  before  availing  itself  of  any  of  the  rights  and  privi- 
leges granted  by  this  ordinance  shall  file  with  the  city  clerk  its  accept- 
ance of  all  the  terms  of  this  ordinance,  and  shall  file  with  the  comp- 
troller of  the  city  on  the  first  day  of  January  and  July,  of  each  year, 
a statement  of  the  gross  receipts  of  all  the  business  of  said  company 
within  the  city  of  Chicago  for  the  six  months  next  preceding  such 
statement,  which  statement  shall  be  sworn  to  by  the  president  or  sec- 
retary of  such  company.  And  at  the  time  of  filing  said  statement  the 
said  company  shall  pay  into  the  city  treasury  five  (5)  per  cent  on  the 
amount  of  such  gross  receipt.  Said  semi-annual  payments  shall  con- 
tinue during  the  exercise  of  the  rights  and  privileges  granted  in  this 
ordinance. 

1 11.  Rights  forfeited,  when.]  § 10.  The  said  company  shall 
not  at  any  time  lease,  sell,  transfer  or  assign  the  rights  and  privileges 
granted  under  this  ordinance  to  any  electric  light  company,  nor  shall 
the  said  company  enter  into  any  combination  with  any  electric  light 
company  heretofore  existing,  or  hereafter  created,  concerning  prices  to 
be  charged  for  furnishing  light  and  power,  either  to  the  city  or  private 
consumers,  nor  shall  said  company  make  any  consolidation,  transfer 
or  division  of  the  territory,  streets  or  avenues  of  the  city  with  any 
other  electric  light  company  or  corporation,  for  the  operation  of  and 
supplying  of  electricity  for  light  and  power.  Any  violations  of  the 
provisions  of  this  ordinance  shall  authorize  and  entitle  the  city  of 
Chicago  to  revoke  and  repeal  the  provisions  of  this  ordinance. 

IT  12.  Power  of  city  to  regulate  charges  to  consumers.] 

§ 11.  And  it  is  further  agreed  that  the  said  ordinance  is  accepted  by 


72 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


said  company  upon  the  express  condition  that  the  city  council  of  the 
city  of  Chicago  shall  have  the  power  to  regulate,  control  and  deter- 
mine the  rate  or  rates  that  shall  be  charged  to  consumers  for  electric 
light  and  power  furnished  to  the  city  and  to  the  public.  Such  price 
to  be  determined  by  the  cost  of  manufacture  and  a reasonable  profit 
on  the  capital  invested;  provided,  further,  that  the  mayor  of  the  city 
of  Chicago  shall  have  the  power  to  appoint  a person  to  represent 
the  city  interests  on  the  board  of  directors  of  said  company,  should  the 
city  so  elect,  and  the  stockholders  of  said  company  shall  agree  to 
elect  said  appointee  a director  of  said  company. 

T 13.  When  in  force.]  § 12.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  its  acceptance  in  writing  by 
said  company. 


HYDE  PARK  ELECTRIC  LIGHT  AND  POWER  COMPANY. 

§ 28.  Hyde  Park  Electric  Light  and  Power  company. 

1.  Title  and  date  of  passage. 

Hi  2.  Permission  to  maintain  one  or  more  electric  light  works  and 
to  lay,  repair,  maintain  and  use  one  or  more  systems  of 
electric  conductors. 

3.  Grant  for  underground  or  overhead  system. 
i 4.  Conditions. 

^ 5.  Restoration  of  streets. 

Hf  6.  Permits — interference  with  the  streets. 

•ji  7.  Indemnity  clause. 

If  8.  Insulation — kind  of  poles  to  be  used. 

Ht  9*  Use  of  its  poles  by  other  companies. 

Hi  10.  Charge  to  consumers. 

Hi  11.  Subject  to  ordinances. 

Hf  12.  Right  of  the  city  to  use  poles. 

Hi  *3*  Duty  of  city  officers. 

Hr  14.  In  case  of  annexation. 

Hi  15.  Erection  of  plant. 

Hi  16.  When  rights  may  be  forfeited. 

Hi  17.  Indemnifying  bond. 

Hi  18.  Acceptance,  when  in  force. 


IT  1.  An  Ordinance  Granting  Rights  and  Privileges  to  Hyde  Park  Elec- 
tric Light  and  Power  Company  in  Certain  Territory.  (Passed  Feb- 
ruary 19,  1889.  Accepted  April  16,  1S89.  Bond  filed  April  16,  1889. 

1*  2.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and  au- 
thority be  and  the  same  are  hereby  granted  to  the  Hyde  Park  Electric 
Light  and  Power  Company,  a corporation  organized  under  the  laws 
of  the  state  of  Illinois,  and  its  successors,  to  maintain  one  or  more  elec- 
tric light  works  within  the  village  of  Hyde  Park,  and  to  erect,  lay,  re- 


§ 28]  HYDE  PARK  ELECTRIC  LIGHT  AND  POWER  COMPANY.  73 

pair,  maintain  and  use  one  or  more  systems  of  electrical  conductors 
above  or  under  ground  in  the  streets,  alleys,  places,  parks  and  public 
grounds  of  such  village,  in  connection  therewith  for  transmitting  elec- 
tricity for  the  purpose  of  furnishing  light,  motive  power  or  heat  by 
means  thereof. 

•f  3.  Grant  for  underground  and  overhead  system.]  § 2. 

That  permission  and  authority  be,  and  the  same  are  hereby,  granted  to 
the  Hyde  Park  Electric  Light  and  Power  Company  to  erect  and  main- 
tain poles,  wires  and  electric  conductors,  and  to  lay,  maintain  and  use 
an  underground  system  of  conduits  for  the  purpose  of  occupying  and 
using  the  same  for  electrical  conductors  in  the  streets,  alleys,  places, 
parks  and  public  grounds  of  the  village  of  Hyde  Park. 

1 4.  Conditions.]  § 3.  The  foregoing  privileges  are  granted 
to  the  Hyde  Park  Electric  Light  and  Power  Company  upon  the  fol- 
lowing conditions  and  with  the  following  limitations  and  agreements, 
and  the  acceptance  of  this  ordinance  by  the  said  Hvde  Park  Electric 
Light  and  Power  Company  shall  constitute  said  conditions,  limita- 
tions and  agreements  a binding  contract  upon  the  said  company. 

5.  Restoration  of  streets.]  § 4.  The  said  company 
shall  do  no  permanent  injury  to  any  highway,  street,  sidewalk,  alley 
or  public  place,  or  shade  tree,  and  shall  not  in  any  manner  interfere 
with  an}*  water  pipe,  sewer  or  gas  pipe,  telegraph  or  electric  wires, 
cables,  conduits  or  pipes  which  are  now  or  may  be  hereafter  laid  in 
said  village  of  Hyde  Park,  except  by  the  consent  of  duly  authorized 
officers  of  said  village ; and  when  said  company  shall  open  ground  in 
any  highway,  street,  alley,  or  public  place,  or  lay  pipes,  v/ires.  or  con- 
ductors under  any  sidewalk  or  viaduct,  or  expose  any  water  pipe,  sewer 
or  gas  pipe,  said  company  shall  put  in  proper  signal  lights,  and  shall 
forthwith  restore  the  street,  highway,  alley,  water  pipe,  sewer  or  gas 
pipe  to  as  good  condition  as  before,  at  its  own  expense,  under  the  di- 
rection of  the  superintendent  of  public  works  or  other  authorized  officer 
of  said  village,  and  within  such  time  as  he  shall  direct,  and  to  the  satis- 
faction of  the  board  of  trustees  of  said  village,  or  the  offices  appointed  or 
designated  by  said  board,  and  said  company,  by  the  acceptance  of  this 
ordinance,  further  agrees  to  maintain  such  parts  of  said  streets,  alleys, 
places,  parks  and  public  grounds  as  mav  have  been  disturbed  by  said 
company  for  the  period  of  one  (1)  year  after  their  restoration  in  good 
repair  and  under  the  supervision  and  to  the  satisfaction  of  the  superin- 
tendent of  public  works,  and  without  expense  lo  said  village.  And  in 
case  the  said  company  shall  refuse  or  neglect,  for  the  period  of  five 
days  after  receiving  notice  in  writing,  from  the  superintendent  of  pub- 
lic works,  or  other  authorized  officer,  to  make  such  restoration  or  re- 
pair, then  the  same  may  be  done  by  the  proper  village  officers,  and  the 
expense  thereof  shall  be  paid  by  said  company  on  demand  by  said  vil- 
lage of  Hyde  Park,  and  the  certificate  of  the  superintendent  of  public 
works,  or  other  authorized  officer,  that  said  work  has  been  done  under 


74  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  28 

his  direction,  and  the  amount  of  the  cost  thereof  shall  be  conclusive 
upon  said  company. 

T 6.  Permits— interference  with  streets.]  § 5.  The  said 
Hyde  Park  Electric  Light  and  Power  Company  shall  not  make  any  ex- 
cavation in  any  highway,  street,  alley,  or  public  place,  nor  erect  any 
poles,  without  first  procuring  a written  permit  for  that  purpose  from 
the  superintendent  of  public  works,  or  other  authorized  officer  of  said 
village,  which  permit  may  specify  in  which  part  of  the  street,  highway, 
alley  or  public  place  the  said  line  or  lines  of  wires,  poles,  conductors, 
or  conduits  shall  be  erected  or  laid.  And  no  such  permit  shall  b£ 
issued  to  make  any  excavation  in  any  paved  street  for  the  purpose  of 
laying  any  new  lines  of  wires,  conductors  or  conduits  without  permis- 
sion, in  each  case,  granted  by  the  president  and  board  of  trustees  of 
said  village;  and  said  company  shall,  upon  notice  from  the  superintend- 
ent of  public  works,  or  other  proper  officer,  remove  or  change,  at  its 
own  expense,  any  pole,  wire,  conductor,  pipe  or  conduit  which  may  be 
in  the  way  of,  or  interfere  with  the  public  use  of  any  street,  or  side- 
walk, including  the  construction,  erection  or  laying  of  any  viaduct, 
sewer  or  water  pipe,  public  building  or  other  public  structure  within 
said  village,  and  if  not  so  done  by  said  company  such  village  officer 
may  cause  the  same  to  be  done  at  the  expense  of  said  company,  and 
said  company  hereby  agrees  to  pay  for  the  same.  # 

f 7.  Indemnity  clause.]  § 6.  Said  company  shall  be  liable 
to,  and  by  the  acceptance  of  this  ordinance  agrees  to  compensate,  the 
village  of  Hyde  Park,  and  any  private  individual,  or  any  owner  or  own- 
ers or  parties  interested  in  any  property  adjacent  to  any  highway, 
street,  alley  or  public  place,  opened  or  injured  by  it,  for  all  damage 
which  may  result  from  or  by  reason  of  said  company  having  negli- 
gently opened,  encumbered,  protected  or  guarded  any  such  highway, 
street,  alley  or  public  place  in  said  village,  or  by  reason  of  any  negli- 
gence or  fraud  on  the  part  of  said  company  in  the  exercise  of  any  priv- 
ilege granted  bv  this  ordinance;  and  the  said  Hyde  Park  Electric  Light 
and  Power  Company,  by  the  acceptance  of  this  ordinance,  further 
agrees  that  it  will  save  harmless  the  said  village  of  Hyde  Park  and  its 
successors  from  and  against  all  damages  or  claims  for  damages,  judg- 
ments and  decrees  which  said  village  may  suffer,  or  which  may  be  re- 
covered or  obtained  against  said  village,  for  or  by  reason  of,  or  grow- 
ing out  of,  or  resulting  from  the  passage  of  this  ordinance,  or  the 
granting  of  the  rights  and  privileges  herein,  or  for  any  act  or  acts  of 
the  said  companv  under  or  by  virtue  of  the  authority  herein  granted, 
or  the  failure,  refusal  or  neglect  of  said  company  to  perform  each  and 
every  of  the  conditions  provided  in  this  ordinance. 

•f  8.  Insulation  — style  of  poles.]  § 7*  All  lines  of  wire, 
conductors  or  conduits  for  the  transmission  of  electricity  shall  be 
properly  insulated,  and  when  placed  above  the  ground  shall  be  sup- 
ported  upon  substantial  poles  not  less  than  six  inches  in  diameter,  and 


[§  2 8 HYDE  PARK  ELECTRIC  LIGHT  AND  POWER  COMPANY.  75 

not  less  than  twenty-five  feet  in  height,  and  not  more  than  one  hundred 
and  eighty  feet  apart;  provided,  that  said  company  may  use  metallic 
posts  not  less  than  fifteen  feet  in  height  for  the  support  of  electric 
lights  on  or  along  streets,  but  no  wire  crossing  any  street  or  alley  shall 
be  less  than  twenty  feet  from  the  ground. 

T 9.  Use  of  poles  by  other  companies.]  § 8.  Said  com- 
pany shall,  however,  and  it  hereby  agrees,  to  allow  any  other  com- 
pany, or  the  village  of  Hyde  Park,  or  its  successors,  to  place  on  any 
of  its  poles  standing  in  any  public  street,  or  alley,  wires  for  the  con- 
ducting of  electricity  whenever  requested  by  the  board  of  trustees,  and 
at  such  prices  and  upon  such  terms  as  may  be  named  by  said  board  of 
trustees;  provided,  however,  that  the  same  shall  not  interfere  with  the 
necessary  and  proper  use  thereof  by  said  Hyde  Park  Electric  Light 
and  Power  Company. 

1 10.  Charge  to  consumers.]  § g.  Said  company  shall 
not  charge  its  customers  to  exceed  the  sum  of  one  cent  per  hour  per 
sixteen  candle  power  light,  and  all  village  service  of  light  shall  not  ex- 
ceed a like  sum  as  charged  to  regular  customers,  with  a discount 
thereon  to  said  village  of  ten  per  cent. 

IT  11.  Subject  to  ordinances.]  § io.  Said  Hyde  Park 
Electric  Light  and  Power  Company  shall  abide  by,  and  be  subject  to, 
all  general  ordinances  of  the  village  of  Hyde  Park,  now  in  force,  or 
which  may  be  hereafter  passed,  regulating  the  putting  up  or  main- 
tenance of  electric  wires,  conductors,  poles,  pipes  or  conduits. 

IT  12.  Right  of  city  to  use  poles.]  § n.  Said  Hyde 
Park  Electric  Light  and  Power  Company,  by  the  acceptance  of  this 
ordinance,  further  agrees  to  allow  the  village  of  Hyde  Park  to  place 
wires  belonging  to  the  village  and  used  for  telephone,  police  or  fire 
service,  upon  any  of  said  company’s  poles,  or  in  any  of  its  conduits 
without  further  consideration  than  the  passage  of  this  ordinance. 

IT  13.  Duty  of  city  officers.]  § 12.  In  case  the  duties  here- 
in prescribed  to  be  performed  by  the  superintendent  of  public  works, 
or  other  authority,  shall  devolve  upon  any  other  department  or  officer, 
the  same  shall  be  performed  by  such  other  department  or  officer  the 
same  as  though  specifically  mentioned  herein. 

1 14.  Provision  in  case  of  annexation.]  § 13.  In  case 
the  village  of  Hyde  Park  shall  change  its  form  of  government,  or  be 
divided  or  be  united  or  annexed  with  or  to  any  town,  village  or  city, 
the  municipal  government,  or  governments  succeeding  to  the  rights 
and  duties  of  the  village  of  Hyde  Park,  shall  be  bound  by  and  succeed 
to  all  the  duties,  rights,  privileges  and  authority  herein  imposed  upon 
or  saved  to  the  said  village  of  Hyde  Park. 

IT  15.  Erection  of  plant.]  § 14.  This  ordinance,  and  the 
rights  and  privileges  herein  granted,  shall  be  void  and  forfeited  unless 


76  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  28 

said  company  shall  have  its  plant  in  operation  so  as  to  furnish  electric 
light  within  one  year  after  the  passage  of  this  ordinance. 

IT  16.  Rights  forfeited,  when.]  § 15.  Any  sale,  transfer  or 
yielding  of  the  rights  and  privileges  hereby  granted,  to  any  other  cor- 
poration, company,  trust  or  combination,  without  the  express  consent 
of  the  president  and  board  of  trustees  of  the  village  of  Hyde  Park, 
shall  work  an  absolute  forfeiture  of  all  such  rights  and  privileges. 

T 17.  Indemnity  bond.]  § 16.  The  rights  and  privileges 
hereby  granted  are  granted  upon  the  express  condition  that  the  said 
Hyde  Park  Electric  Light  and  Power  Company  will  enter  into  a bond 
with  the  village  of  Hyde  Park,  to  be  approved  by  the  president  and 
board  of  trustees  of  said  village,  with  good  and  sufficient  sureties,  in 
the  penal  sum  of  twenty  thousand  ($20,000)  dollars,  conditioned  to  in- 
demnify and  save  harmless  said  village  against  and  from  any  and  all 
damages  or  claims  for  damages,  judgments,  decrees,  costs  and  ex- 
penses of  the  same, which  said  village  of  Hyde  Park  may  suffer  or  which 
may  be  recovered  or  obtained  against  the  said  village  for  or  by  reason 
of  the  granting  of  the  rights  and  privileges  in  this  ordinance  contained, 
or  for  or  by  reason  of  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  from  any  act  or  acts  of  the  said  company  under  or 
by  virtue  of  the  authority  herein  granted,  or  the  failure,  refusal  or  ne- 
glect of  said  company  to  perform  each  and  every  of  the  said  conditions 
upon  which  this  ordinance  is  granted : and  it  is  hereby  further  provided 
that  upon  the  recovery  of  any  such  final  judgment  or  decree  against 
said  village,  as  aforesaid,  said  company  shall  immediately  and  without 
prior  payment  of  such  judgment  or  decree,  by  said  village,  be  liable  to 
pay  and  shall  pay  the  amount  or  amounts  thereof  to  said  village,  and 
the  fact  that  said  village  may  not  have  paid  such  judgment  or  decree 
shall  constitute  no  defense  on  the  part  of  said  company;  and  it  is  here- 
by further  expressly  provided  that  in  case  of  the  failure  on  the  part  of 
the  said  the  Hyde  Park  Electric  Light  and  Power  Company  to  perform 
any  of  the  conditions  or  provisions  of  this  ordinance,  the  said  village  of 
Hyde  Park  shall  not  be  limited  to  an  action  upon  the  bond  of  the  com- 
pany, but  may  proceed  at  once  against  the  said  companv  in  any  suit  or 
action  at  law  or  in  equity  which  it  may  deem  advisable  or  necessary, 
for  the  recovery  of  anv  money,  damages,  or  costs  which  it  may  have 
sustained  by  reason  of  such  breach  or  failure;  and  it  is  hereby  further 
provided  that  the  said  the  Hyde  Park  Electric  Light  and  Power  Com- 
pany, its  successors,  shall  renew  said  bond  and  the  sureties  thereon 
whenever  and  as  often  as  the  village  of  Hyde  Park  may  desire  or 
require. 

1"  18.  Acceptance  of  ordinance.]  § 17.  The  said  company 
shall  signifv  its  acceptance  of  this  grant  or  permission  upon  the  terms, 
conditions  and  restrictions  herein  provided  by  filing  with  the  clerk  of 
the  village  of  PTyde  Park  a written  acceptance  thereof,  together  with 
the  bond  herein  provided  for,  and  together  with  a certificate  that 


29] 


HYDE  PARK  THOMSON-HOUSTON  LIGHT  COMPANY. 


77 


said  company  is  duly  incorporated,  within  sixty  (60)  days  from  the 
passage  hereof. 


HYDE  PARK  THOMSON-HOUSTON  LIGHT  COMPANY. 

(Successors  to  Thomson-Houston  Electric  Company.) 

§ 29.  Hyde  Park  Thomson-Houston  Light  Company. 

% 1.  Title  and  date  of  passage. 

i 2.  Permission  to  maintain  one  or  more  electric  light  works  within 
the  village  of  Hyde  Park,  and  to  erect,  lay,  maintain  and 
use  one  or  more  systems  of  electrical  conductors  either  above 
or  underground. 

3.  Grant  for  poles  or  wires. 

4.  Conditions  and  limitations. 

•ff  5.  Restoration  of  the  streets. 

it  6.  Permits— control  of  the  city. 

^t  7.  Indemnity  clause. 

it  8.  Insulation,  poles  how  placed. 

it  9-  Other  companies  may  use  its  poles. 

if  10.  Charges  to  consumers. 

it  11.  Subject  to  ordinances. 

it  12.  The  municipality  may  use  the  poles  free  of  charge. 

it  13.  Duty  of  city  officers. 

it  14.  Rights  in  case  of  annexation. 

it  15.  Rights  granted  to  lapse  if  plant  be  not  in  operation  within 
two  years. 

Tf  16.  Indemnity  bond. 

it  17.  Erection  of  plant,  cost,  liquidated  damages, 
it  18.  Acceptance,  when  in  force. 

1.  An  Ordinance  Granting  the  Right  and  Privilege  to  Thomson- 
Houston  Electric  Company  to  Erect,  Maintain  and  Operate  an  Elec- 
tric Light  Plant  for  the  Purpose  of  Furnishing  Light,  Power  and 
Heat  Within  Certain  Territory.  (Passed  Juno  25,  1889.  Assignment 
executed  and  filed  in  recorders’  office  September  10,  1891.  B.  3657,  p. 
479.  New  bond  filed  July  13,  1896. 

% 2.  Grant  for  plant.]  Be  it  ordained  by  the  president  and 
the  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  per- 

mission and  authority  be  and  the  same  are  hereby  granted  to  the 
Thomson-Houston  Electric  Company,  a corporation  organized  under 
the  laws  of  the  state  of  Connecticut,  and  its  successors  and  assigns, 
to  maintain  one  or  more  eletcric  light  works  within  the  village  of  Hyde 
Park,  and  to  erect,  lay,  repair,  maintain  and  use  one  or  more  systems 
of  electrical  conductors  above  or  under  ground  in  the  streets,  alleys, 
places,  parks  and  public  grounds  of  such  village,  in  connection  there- 
with, for  transmitting  electricity  for  the  purpose  of  furnishing  light, 
motive  power  or  heat  by  means  thereof. 

1 3.  Grant  for  poles  and  wires.]  § 2.  That  permission  and 
authority  be  and  the  same  is  hereby  granted  to  the  Thomson-Houston 


78 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  29 


Electric  Company  to  erect  and  maintain  poles,  wires  and  electric  con- 
ductors, and  to  lay,  maintain  and  use  an  underground  system  of  con- 
duits for  the  purpose  of  occupying  and  using  the  same  for  electrical 
conductors  in  the  streets,  alleys,  places,  parks  and  public  grounds  of 
the  village  of  Elyde  Park. 

T 4.  Conditions  and  limitations.]  § 3.  The  foregoing  privi- 
leges are  granted  to  the  Thomson-Houston  Electric  Company  upon 
the  following  conditions,  and  with  the  following  limitations  and  agree- 
ments, and  the  acceptance  of  this  ordinance  by  the  Thomson-Houston 
Electric  Company  shall  constitute  said  conditions,  limitations  and 
agreements  a binding  contract  upon  the  said  company. 

T 5.  Restoration  of  streets.]  § 4.  The  said  company  shall 
do  no  permanent  injury  to  any  highway,  street,  sidewalk,  alley  or  pub- 
lic place  or  shade  tree,  and  shall  not  in  any  manner  interfere  with  any 
water  pipe,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables,  con- 
duits or  pipes  which  are  now  or  may  be  hereafter  laid  in  said  village 
of  Hyde  Park,  except  by  the  consent  of  duly  authorized  officers  of  said 
village;  and  when  said  company  shall  open  ground  in  any  highway, 
street,  alley  or  public  place,  or  lay  pipes,  wires  or  conductors  under 
any  sidewalk  or  viaduct,  or  expose  any  water  pipes,  sewers  or  gas  pipes 
said  company  shall  put  in  proper  signal  lights,  and  shall  forthwith 
restore  the  street,  highway,  alley,  water  pipe,  sewer  or  gas  pipe  to 
as  good  condition  as  before,  at  its  own  expense,  under  the  directions 
of  the  superintendent  of  public  works  or  other  authorized  officer  of  said 
village,  and  within  such  time  as  he  shall  direct  and  to  the  satisfaction 
of  the  board  of  trustees  of  said  village,  or  the  officer  appointed  or 
designated  by  said  board;  and  the  said  company  by  the  acceptance 
of  this  ordinance,  further  agrees  to  maintain  such  parts  of  said  streets, 
alleys,  places,  parks  and  public  grounds  as  may  have  been  disturbed 
by  said  company  for  the  period  of  one  year  after  the  restoration  in 
good  repair  and  under  the  supervision,  and  to  the  satisfaction,  of  the 
superintendent  of  public  works  and  without  expense  to  said  village. 
And  in  case  the  said  company  shall  refuse  or  neglect  for  the  period  of 
five  days,  after  receiving  notice  in  writing  from  the  superintendent  of 
public  works  or  other  authorized  officer,  to  make  such  restoration  or 
repair,  then  the  same  may  be  done  by  the  proper  village  officers  and 
the  expense  therof  shall  be  paid  by  the  said  company  on  demand  of 
said  village  of  Hyde  Park,  and  the  certificate  of  the  superintendent  of 
public  works,  or  other  authorized  officer,  that  said  work  has  been 
done  under  his  direction  and  the  amount  of  the  cost  thereof,  shall 
be  conclusive  upon  said  company. 

1 6.  Permits  for  work— control  of  city.]  §.  5.  The  said 
Thomson-Houston  Electric  Company  shall  not  make  any  excavation 
in  any  highway,  street,  alley  or  public  place,  nor  erect  any  poles  with- 
out first  procuring  a written  permit  for  that  purpose  from  the  super- 
intendent of  public  works  or  other  authorized  officer  of  said  village. 


29]  HYDE  PARK  THOMPSON-HOUSTON  LIGHT  COMPANY. 


79 


which  permit  may  specify  in  which  part  of  the  street,  highway,  alley 
or  public  place  the  said  line  or  lines  of  wires,  poles^  oonductors  or 
conduits  shall  be  erected  or  laid.  And  no  such  permit  shall  be  issued 
to  make  any  excavation  in  any  paved  street  for  the  purpose  of  laying 
any  new  line  of  wires,  conductors  or  conduits  without  permission  in 
each  case,  granted  by  the  president  and  board  of  trustees  of  said  vil- 
lage; and  said  company  shall,  upon  notice  from  the  superintendent  of 
public  works,  or  other  proper  officer,  remove  or  change  at  its  own 
expense  any  pole,  wire,  conductor,  pipe  or  conduit  which  may  be  in 
the  way  of  or  interfere  with  the  public  use  of  any  street  or  sidewalk, 
including  the  construction,  erection  or  laying  of  any  viaduct,  sewer 
or  water  pipe,  public  building  or  other  public  structure  within  said 
village,  and  if  not  done  by  said  company  such  village  officer  may  cause 
the  same  to  be  done  at  the  expense  of  said  company,  and  said  com- 
pany hereby  agrees  to  pay  for  the  same. 

H 7.  Indemnity  clause.]  § 6.  Said  company  shall  be  liable 
to  and  by  the  acceptance  of  this  ordinance  agrees  to  compensate  the 
village  of  Hyde  Park,  and  any  private  individual,  or  any  owners  or 
owner  or  parties  interested  in  any  property  adjacent  to  any  highway, 
street,  alley  or  public  place,  opened  or  injured  by  it.  for  all  damage 
which  may  result  from  or  by  reason  of  said  company  having  negli- 
gently opened,  incumbered,  protected  or  guarded  any  such  highway, 
street,  alley  or  public  place  in  said  village,  or  by  reason  of  any  negli- 
gence or  fraud  on  the  part  of  said  company  in  the  exercise  of  any 
privilege  granted  by  this  ordinance,  and  the  said  Thomson-Houston 
Electric  Company,  by  the  acceptance  of  this  ordinance,  further  agrees 
that  it  will  save  harmless  the  said  village  of  Hyde  Park  and  its  suc- 
cessors from  and  against  all  damages,  or  claims  for  damages,  judg- 
ments and  decrees  which  said  village  may  suffer,  or  which  may  be 
recovered  or  obtained  against  said  village,  for  or  by  reason  of  or  grow- 
ing out  of,  or  resulting  from  the  passage  of  this  ordinance,  or  for  any 
act  or  acts  of  said  company  under  or  by  virtue  of  the  authority  flbrein 
granted,  or  the  failure,  refusal  or  neglect  of  said  company  to  perform 
each  and  every  one  of  the  conditions  provided  in  this  ordinance. 

•[  8.  Insulation— poles,  how  placed.]  § 7.  All  lines  of  wire, 
conductors  or  conduits  for  the  transmission  of  electricity  shall  be 
properly  insulated,  and  when  placed  above  ground,  shall  be  supported 
upon  substantial  poles  not  less  than  six  inches  in  diameter,  and  not 
less  than  25  feet  in  height,  and  not  more  than  180  feet  apart;  provided, 
that  said  company  may  use  metallic  posts  not  less  than  1^  feet  in  height 
for  the  support  of  electric  lights  on  or  along  streets,  but  no  wire  cross- 
ing any  street  or  alley  shall  be  less  than  25  feet  from  the  ground. 

T 9.  Other  companies  may  use  poles.]  § 8.  Said  com- 
pany shall,  however,  and  it  hereby  agrees  to  allow  any  other  company 
of  the  village  of  Hyde  Park,  or  its  successors,  to  place  on  any  of  its 
poles  standing  in  any  public  street  or  alley  wires  for  the  conducting  of 


80 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


^ui,  rn^Aj.  AJM»  hUWEK.  29 

electricity  whenever  requested  by  the  board  of  trustees,  and  at  such 
prices  and  upon  such  terms  as  may  be  named  by  said  board  of  trustees- 
provided,  however,  that  the  same  shall  not  interfere  with  the  necessary 
and  proper  use  thereof  by  said  Thomson-Houston  Electric  Company. 

* 10.  Charge  to  consumers.]  § 9.  Said  company  shall  not 
charge  its  customers  to  exceed  the  sum  of  one  cent  per  hour  per  six- 
teen candle  power  light  and  all  village  service  of  light  shall  not  ex- 
ceed a like  sum  as  charged  to  regular  customers  with  a discount 
thereon  to  said  village  of  ten  per  cent. 

11.  Subject  to  ordinances.]  § io.  Said  Thomson-Hous- 
ton Electric  Company  shall  abide  by  and  be  subject  to  all  general 
ordinances  of  the  village  of  Hyde  Park  now  in  force,  or  which  may 
be  hereafter  passed,  regulating  the  putting  up  or  maintenance  of  elec- 
tric wires,  conductors,  poles,  pipes  or  conduits. 

1 12.  City  to  use  poles  free  of  charge.]  § n.  Said 
Thomson-Houston  Electric  Company,  by  the  acceptance  of  this  ordi- 
nance, further  agrees  to  allow  the  village  of  Hyde  Park  to  place  wires 
belonging  to  the  village  and  used  for  telephone,  police  or  fire  service, 
upon  any  of  said  company’s  poles,  or  in  any  of  its  conduits  without 
further  consideration  than  the  passage  of  this  ordinance. 

1 13.  Duty  of  city  officers.]  § 12.  In  case  the  duties 
herein  prescribed  to  be  performed  by  the  superintendent  of  public 
works,  or  other  authority,  shall  devolve  upon  any  other  department  or 
officer,  the  same  shall  be  performed  by  such  other  department  or  officer 
the  same  as  though  specially  mentioned  herein. 

1 14.  Eights  not  changed  by  annexation.]  § 13.  In  case 
the  village  of  Hyde  Park  shall  change  its  form  of  government,  or  be 
divided,  or  be  united  or  annexed  with,  or  to  any  town,  village  or  city, 
the  municipal  government  succeeding,  or  governments  succeeding  to 
the  m>ffits  and  duties  of  the  village  of  Hyde  Park  shall  be  bound  by 
and  micceed  to  all  the  duties,  rights,  privileges  and  authority  herein 
imposed  upon  or  saved  to  the  said  village  of  Hyde  Park. 

% 15.  Forfeiture.]  § 14.  This  ordinance,  and  the  rights  and 
privileges  herein  granted,  shall  be  void  and  forfeited  unless  said 
company  shall  have  its  plant  in  operation  so  as  to  furnish  electric 
light  within  two  years  after  the  passage  of  this  ordinance. 

IT  16.  Indemnity  bond.]  § 15.  The  rights  and  privileges  here- 
by granted  are  granted  upon  the  express  condition  that  the  said 
Thomson-Houston  Electric  Company  will  enter  into  a bond  with  the 
village  of  Hyde  Park,  to  be  approved  by  the  president  and  the  board 
of  trustees  of  said  village,  with  good  and  sufficient  sureties,  in  the 
penal  sum  of  twenty  thousand  dollars,  conditioned  to  indemnify  and 
save  harmless  said  village  against  and  from  any  and  all  damages,  or 
claims  for  damages,  judgments,  decrees,  costs  and  expenses  of  the 
same  which  said  village  of  Hyde  Park  may  suffer,  or  which  may  be 


§ 29]  HYDE  PARK  THOMSON-HOUSTON  LIGHT  COMPANY. 


81 


recovered  or  obtained  against  the  said  village  for  or  by  reason  of  the 
granting  of  any  of  the  rights  and  privileges  in  this  ordinance,  or  from 
any  act  or  acts  of  the  said  company  under  or  by  virtue  of  this  authority 
herein  granted,  or  the  failure,  refusal  or  neglect  of  said  company  to 
perform  each  and  every  of  the  said  conditions  upon  which  this  ordi- 
nance is  granted;  and  it  is  hereby  further  provided  that,  upon  the 
recovery  of  any  such  final  judgments  or  decrees  against  said  village 
as  aforesaid,  said  company  shall  immediately  and  without  prior  pay- 
ment of  such  judgment  or  decrees,  by  said  village,  be  liable  to  pay 
and  shall  pay  the  amount  or  amounts  thereof  to  said  village,  and  the 
fact  that  said  village  may  not  have  paid  said  judgment  or  decree  shall 
constitute  no  defense  on  the  part  of  said  company;  and  it  is  hereby 
further  expressly  provided  that  in  case  of  the  failure  on  the  part  of 
said  Thomson-Houston  Electric  Company  to  perform  any  of  the 
conditions  or  provisions  of  this  ordinance,  the  said  village  of  Hyde 
Park  shall  not  be  limited  to  an  action  upon  the  bond  of  the  company, 
but  may  proceed  at  once  against  the  said  company  in  any  suit  or  action 
at  law  or  in  equity  which  it  may  deem  advisable  or  necessary  for  tne 
recovery  of  any  money  damages  or  costs,  which  it  may  have  sustained 
by  reason  of  such  breach  or  failure;  and  it  is  hereby  further  provided 
that  the  said  Thomson-Houston  Electric  Company,  its  successors, 
shall  renew  said  bond  and  the  sureties  thereon  whenever  and  as  often 
as  the  village  of  Hyde  Park  may  desire  or  require. 

1 17.  Erection  of  plant,  cost  — liquidated  damages.] 
§16.  The  said  Thomson-Houston  Electric  Company,  by  its  accept- 
ance of  this  ordinance,  agrees  to  expend  the  sum  of  ten  thousand 
($10,000)  dollars  upon  an  electric  plant,  with  the  appliances,  extensions 
and  fixtures  thereof  within  one  year  from  the  acceptance  of  this  ordi- 
nance as  hereinafter  provided  within  the  limits  of  the  said  village 
of  Hyde  Park,  and  that  in  case  of  its  failure  to  so  expend  the  said  sum, 
if  it  shall  accept  this  ordinance,  that  it  will  pay  the  sum  of  five  thou- 
sand ($5,000)  dollars  as  liquidated  damages  to  said  village  or  its  suc- 
cessors, and  that  said  company  shall  and  will  enter  into  a bond  with 
the  village  of  Hyde  Park  to  be  approved  by  the  president  and  board  of 
trustees  of  said  village,  with  good  and  sufficient  sureties,  in  the  penal 
sum  of  ten  thousand  ($10,000)  dollars,  conditioned  to  pay  the  said  sum 
of  five  thousand  ($5,000)  dollars,  as  liquidated  damages,  to  the  said 
village  of  Hyde  Park,  and  its  successors,  in  case  said  Thomson-Hous- 
ton Electric  Company  shall  neglect  or  fail  to  expend  the  said  sum  of 
ten  thousand  ($10,000)  dollars  within  the  time  for  the  purposes  in  this 
section  set  forth. 

IT  18.  Acceptance.]  § 17.  The  said  company  shall  signify  its 
acceptance  of  this  grant  or  permission  upon  the  terms,  conditions  and 
restrictions  herein  provided  by  filing  with  the  clerk  of  the  village  of 
Hyde  Park  a written  acceptance  thereof,  together  with  the  bond  herein 
provided  for  and  together  with  the  certificate  that  the  company  is  duly 
incorporated,  within  sixty  days  from  the  passage  thereof. 

6 


82 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  30 


LAKE  ELECTRIC  LIGHTING  COMPANY. 

§ 30.  Lake  Electric  Lighting  company. 

If  1.  Title  and  date  of  passage. 

IT  2.  Permission  to  place,  operate  and  maintain  a system  of  electric 
conductors  above  or  underground. 

Tf  3.  Restoration  of  streets. 

^f  4.  Conditions  and  limitations. 

If  5.  In  force  from  and  after  its  passage  and  acceptance. 

^f  1.  An  Ordinance  Granting  Permission  to  the  Lake  Electric  Lighting 

Company  to  Establish  Electric  Lighting  System  in  Certain  Territory. 

(Passed  August  9,  1886.) 

1"  2.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § 1.  That  permission  and  authority  be  and  hereby 

is  granted  to  the  Lake  Electric  Lighting  Company,  its  successors  and 
assigns,  to  place,  operate  and  maintain  a system  of  electric  conductors 
above  and  under  ground  in  the  streets,  alley  places  and  public  grounds 
of  the  town  of  Lake;  provided  always,  that  the  system  of  electric  con- 
ductors shall  be  placed,  operated  and  maintained  in  such  manner  and 
in  such  streets,  alley  places  and  public  grounds  only  in  said  town  of 
Lake,  as  may  be  directed  by  the  engineer  and  superintendent  of  public 
works  of  said  town  of  Lake. 

1 3.  Restoration  of  Streets.]  § 2.  Whenever,  in  the  erect- 
ing, placing  or  lighting  such  electric  conductors,  it  shall  be  found  nec- 
essary to  disturb  any  street,  pavement,  sidewalk,  crosswalk,  sewer, 
drain,  water  pipe  or  gas  pipe,  the  same  shall  be  restored  to  as  good  a 
condition  as  before  disturbance,  by  and  at  the  expense  of  the  Elec- 
tric Lighting  Company,  its  successors  and  assigns,  under  the  direction, 
and  to  the  satisfaction,  of  the  town  authorities,  and  if  said  conductors 
shall  be  placed  and  maintained  above  ground,  it  shall  be  done  in  such 
a manner  as  not  to  interfere  with  the  operation  of  any  electric  wires 
belonging  or  used  by  the  said  board  of  trustees  of  the  town  of  Lake. 

f 4.  Conditions  of  grant.]  § 3.  The  permission  and  au- 
thority hereby  granted  to  the  Lake  Electric  Lighting  Company  is 
upon  the  following  express  conditions: 

First.  The  said  Lake  Electric  Lighting  Company,  and  its  suc- 
cessors and  assigns,  shall  and  will  forever  indemnify  and  save  harmless 
the  town  of  Lake  against  and  from  any  and  all  kinds  of  damages,  judg- 
ments, decrees  and  expenses  of  every  kind  and  nature  whatsoever, 
which  it  may  suffer  or  which  may  be  recovered  against  it,  the  town  of 
Lake,  for  and  by  reason  of  the  granting  of  the  privileges,  authority 
and  permission  hereby  granted,  and  from  any  damages,  judgments, 
decrees,  costs  and  expenses  which  may  grow  out  of  and  result  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  herewith, 
or  with  the  exercise  of  the  privileges,  permissions  and  authority  hereby 
granted,  or  from  the  acts  of  the  said  company,  its  successors  and  as- 
signs, or  by  virtue  of  the  privileges  of  the  said  ordinance. 


§3i] 


LAKE  VIEW  ELECTRIC  LIGHT  COMPANY. 


83 


Second.  The  said  company,  its  successors  and  assigns,  shall  con- 
struct its  work  so  as  to  transmit  electricity  for  lighting  purposes  within 
two  years  from  the  date  of  the  passage  of  this  ordinance. 

T 5.  Acceptance  — when  in  force.]  § 4.  This  ordinance 
shall  not  be  in  force  unless  a written  acceptance  of  the  same  by  this 
company  shall  be  filed  with  the  town  clerk  within  thirty  days  from  the 
passage  hereof. 

§ 5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  acceptance. 


LAKE  VIEW  ELECTRIC  LIGHT  COMPANY. 

§ 31.  Lake  View  Electric  Light  company. 

If  1.  Title  and  date  of  passage. 

if  2.  Permission  to  construct,  maintain  and  operate  a line  or  lines 
of  wire,  or  other  electric  conductors,  for  furnishing  light. 
If  3.  Either  overhead  or  underground  construction  may  be  used — 
rates. 

Tf  4.  Restoration  of  the  streets. 

•jf  5.  Indemnity  clause, 
if  6.  Erection  of  plant, 
if  7.  Indemnity  bond. 

if  8.  Liability  not  limited — subject  to  ordinances— permits, 
if  9.  Extension  of  the  system — term  of  grant  25  years. 

^f  1.  An  Ordinance  to  Authorize  the  Lake  View  Electric  Light  Company 
to  Construct,  Maintain  and  Operate  in  the  Highways,  Streets,  Alleys, 
Sidewalks  and  Public  Grounds  of  the  Town  of  Lake  View,  Under 
Certain  Restrictions,  a Line  or  Lines  of  Wires  or  Other  Electric 
Conductors  to  Be  Usejj  for  Transmitting  Electricity  for  the  Pur- 
pose of  Furnishing  Light.  (Passed  and  Approved  April  4,  1887. 

Accepted  April  4,  1887.  Bond  filed  April  16,  1887.  Bond  filed  May  16, 
1887.) 

T 2.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake  View  : § 1.  The  Lake  View  Electric  Light  Company 

(a  corporation  organized  under  and  by  virtue  of  the  laws  of  Illinois, 
having  its  principal  office  in  the  town  of  Lake  View),  its  successors 
and  assigns,  is  hereby  authorized  to  construct,  maintain  and  operate 
in  the  highways,  streets,  alleys,  sidewalks  and  public  grounds  of  the 
town  of  Lake  View,  in  all  that  portion  of  the  said  town  south  of  the 
north  line  of  Belmont  avenue,  including  the  whole  of  Clark  street, 
Halsted  street,  Lincoln  avenue  and  Evanston  avenue,  a line  or  lines  of 
wires  or  other  electric  conductors,  together  with  all  necessary  feeders, 
service  wires  and  conductors  to  be  used  for  transmitting  electricity  for 
the  purpose  of  furnishing  light,  with  the  privilege  of  like  authority  to 
construct,  maintain  and  operate  in  all  other  highways,  streets,  alleys, 
sidewalks  and  public  grounds  of  the  said  town,  a line  or  lines  of  wires 


84 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


I 


or  other  electric  conductors  to  be  likewise  used  for  transmitting  elec- 
tricity for  the  purpose  of  furnishing  light,  whenever  the  said  board  of 
trustees  may,  by  resolution  or  otherwise,  so  grant  or  permit. 

1 3.  Underground  wires — charges  to  consumers — overhead 
wires.]  § 2.  All  such  line  or  lines  (except  when  otherwise  permit- 
ted by  the  said  board  of  trustees)  shall  be  underground,  properly  in- 
sulated and  shall  be  constructed  under  the  supervision  and  to  the 
satisfaction  of  the  board  of  trustees  of  the  said  town,  or  such  agent, 
officer  or  department  thereof  as  may  be  designated  by  ordinance,  or 
otherwise,  to  perform  said  duties;  but  in  constructing  said  lines  under 
ground  no  excavation  therefor  shall  exceed  in  width  the  space  of  two 
(2)  feet;  and  the  cost  and  charges  for  furnishing  said  light  shall  be  at 
the  following  rates,  towit:  For  a large,  standard  arc  light  not  ex- 

ceeding the  sum  of  fifty  (50)  cents  for  each  and  every  twelve  (12)  hours, 
and  for  all  incandescent  lights  not  exceeding  the  sum  of  twelve  (12) 
cents  for  every  twelve  (12)  hours;  and  no  light  shall  be  used  until 
the  same  shall  have  been  properly  inspected,  and  a certificate  thereof 
given  by  a competent  electrician  duly  authorized  by  the  said  board  of 
trustees  or  its  designated  agent  or  officer ; and  when  not  under  ground 
such  line  or  lines  shall  be  constructed,  maintained  and  operated  with 
the  least  practicable  obstruction  to  general  traffic  or  public  use — with 
wires  stretched  upon  poles  as  far  from  each  other  as  may  be  safe  and 
convenient.  The  poles  are  to  be  of  wood,  neatly  painted,  with  cross 
arms,  and  in  diameter  not  exceeding  twelve  (12)  inches  at  the  base 
and  six  (6)  inches  at  the  top,  in  height  not  less  than  thirty  (30)  feet, 
in  distance  apart  not  nearer  than  one  hundred  and  fifty  (150)  feet, 
unless  necessary  to  lessen  distances,  at  intervals.  The  wires  are  not 
to  exceed  one-fourth  of  an  inch  in  diameter,  and  are  to  be  well  fastened 
and  stretched  to  insulators,  all  properly  insulated  and  constructed 
under  the  supervision  of  the  superintendent^  public  works  or  such 
officer  or  department  as  the  board  of  trustees  may  designate. 

1 4.  Restoration  of  streets— permits.]  § 3.  Said  company 
shall  do  no  permanent  injury  to  any  highway,  street,  sidewalk,  ailey, 
avenue  or  public  place  or  shade  tree,  or  in  any  manner  unnecessarily 
interfere  with  any  water,  sewer  or  gas  pipe,  telegraph  or  electric  wires, 
cables  or  pipes  which  are  now  or  may  hereafter  be  laid  by  the  town  of 
Lake  View,  or  any  authorized  company  or  corporation : and  when  said 
companv  shall  open  ground  in  any  highway,  street,  avenue,  alley  or 
public  place,  or  shall  lay  its  conductors  under  any  sidewalk,  it  shall 
forthwith  restore  the  street,  highway,  avenue,  alley,  sidewalk  or  ground 
or  water  pipe,  sewer  or  gas  pipe,  to  as  good  condition  as  before,  at  the 
expense  of  said  company,  and  under  the  direction  and  supervision  and 
to  the  satisfaction  of  the  superintendent  of  public  works  of  said  town; 
and  if  said  company  shall  fail  or  refuse  so  to  do,  the  same  may  be  done 
by  said  town,  and  the  said  company  shall  be  liable  for  the  cost  thereof; 
and  said  company  shall  not  make  any  excavation  in  any  highway, 


§ 31]  LAKE  VIEW  ELECTRIC  LIGHT  COMPANY.  85 

street,  avenue,  alley  or  public  place,  without  first  procuring  a written 
permit  for  that  purpose  from  the  superintendent  of  public  works  of 
said  town,  which  permit  shall  specify  the  part  of  the  street,  sidewalk, 
alley,  avenue  or  public  place  where  the  line  or  lines,  conductor  or  con- 
ductors, of  said  company  shall  be  laid.  When  any  excavation  shall  be 
made  by  said  company  in  any  highway,  street,  alley  or  public  place 
paved  with  wooden  blocks,  the  foundation  boards  or  planks,  shall  be 
removed  without  being  cut,  unless  such  cutting  shall  be  specially  per- 
mitted by  the  superintendent  of  public  works  of  said  town.  The  said 
company  shall  upon  notice  from  the  superintendent  of  public  works  of 
said  town  forthwith  remove  or  change  any  conductor  which  may  be  in 
the  way  of  or  interfere  with  the  construction  or  erection  of  any  viaduct, 
public  building  or  other  public  structure  within  said  town. 

T 5.  Indemnity  clause.]  § 4.  Said  company  shall  be  liable  to 
and  shall  compensate  the  town  of  Lake  View,  and  pay  any  private 
individual,  owner  or  owners,  or  parties  interested  in  any  property  ad- 
jacent to  any  highway,  street,  avenue,  alley  or  public  place,  opened  or 
injured  by  them,  for  all  damages  which  may  result  from  or  by  reason 
of  such  company  having  negligently  opened,  encumbered,  protected 
or  guarded  any  such  highway,  street,  avenue  or  public  place  in  said 
town,  or  from  or  by  reason  of  any  negligence  or  fault  on  the  part  of 
said  company,  in  the  exercise  of  any  of  the  privileges  granted  by  this 
ordinance. 

1”  6.  Erection  of  plant.]  § 5.  Nothing  in  this  ordinance 
shall  be  construed  as  conferring  any  exclusive  rights  or  privileges  upon 
the  Lake  View  Electric  Light  Company,  and  unless  said  company  shall 
within  ninety  (90)  days  after  the  approval  of  the  bond  hereinafter  pro- 
vided for,  in  good  faith,  commence  the  construction  hereby  authorized, 
then  and  in  that  case  all  rights  and  privileges  therein  granted  shall  ab- 
solutely cease  and  determine. 

7.  Indemnity  bond.]  § 6.  This  ordinance  shall  not  take 
effect  until  the  Lake  View  Electric  Light  Company  shall  have  executed 
a bond  to  the  town  of  Lake  View,  in  the  penal  sum  of  twenty  thousand 
($20,000)  dollars,  with  sureties  satisfactory  to  the  board  of  trustees  of 
said  town,  conditioned  to  indemnify  and  save  harmless  the  town  of 
Lake  View  of  and  from  all  damages  which  may  accrue,  or  which  in 
any  way  may  arise  or  grow  out  of  the  exercise  by  said  Lake  View 
Electric  Light  Company  of  the  privileges  herein  granted;  and  the  said 
bond  shall  be  executed  and  approved  within  sixty  (60)  days  from  the 
passage  of  this  ordinance;  and  the  execution  of  said  bond  by  the  said 
company  as  aforesaid,  and  its  delivery  to  and  approval  by  the  said 
board  of  trustees  shall  thenceforth  authorize  the  said  company  to  ex- 
ercise all  and  singular  the  rights,  privileges  and  franchises  hereby 
granted. 

1 8.  Liability  not  limited  — permits  how  granted— subject 
to  ordinances.]  § 7.  The  liability  of  such  company  to  said  town, 


86 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[8  31 


or  to  any  person  who  may  be  injured  by  the  exercise  by  said  company 
of  any  of  the  rights  and  privileges  hereby  granted,  shall  not  be  limited 
by  the  penalty  of  said  bonds,  nor  shall  the  remedy  against  said  com- 
pany be  confined  to  the  said  bond,  it  being  understood  that  said  remedy 
is  merely  cumulative,  and  that  said  town  of  Lake  View,  and  any  person 
or  persons  shall  have  the  same  remedies  against  said  company  as  it  or 
they  would  or  might  have  if  no  such  bond  were  given. 

In  case  the  duties  herein  prescribed  to  be  performed  by  the  superin- 
tendent of  public  works  or  other  authority,  shall  be  devolved  on  any 
other  department  or  officer,  the  permits  and  licenses  herein  mentioned 
shall  be  applied  for  to  such  department  or  officer,  and  the  duties  herein 
prescribed  to  be  performed  by  the  superintendent  of  public  works  or 
other  authority,  shall  be  performed  by  such  other  officer  or  department. 
No  change  in  the  government  of  the  said  town  of  Lake  View  to  a city, 
organization  or  otherwise,  shall  in  any  manner  affect  or  impair  the 
rights,  privileges  and  franchises  hereby  granted;  but  the  same  all  and 
singular  shall  be  and  remain  forever  in  full  force,  virtue  and  effect  as 
if  no  such  change  had  ever  been  made;  and  the  rights  and  duties  here- 
in granted  or  imposed  upon  the  board  of  trutees  of  said  town,  shall  in 
case  said  town  shall  be  organized  into  a city  under  the  general  law  be 
exercised  and  devolve  upon  the  city  council.  Said  company  shall  be 
subject  to  all  general  ordinances  of  the  town  now  in  force  or  which 
may  hereafter  be  passed  in  relation  to  companies  or  persons  laying 
pipes  or  conductors  in  the  said  town  of  Lake  View. 

T 9.  Extension  of  system  — term  of  grant.]  § 8.  The 

Lake  View  Electric  Light  Company  shall  extend  its  conductors  and 
supply  electricity  upon  any  street  or  streets,  when  ordered  so  to  do^by 
a majority  vote  of  board  of  trustees  of  said  town;  provided,  however, 
that  the  company  shall  not  be  ordered  to  make  such  extension,  or  fur- 
nish or  supply,  until  consumers  enough  upon  such  highway  or  high- 
ways, street  or  streets,  to  yield  a net  revenue  of  six  per  cent  per  annum 
upon  the  whole  cost  of  such  extension,  shall  have  petitioned  the 
board  of  trustees  for  the  same.  The  rights  and  privileges  hereby 
granted  shall  at  the  expiration  of  twenty-five  (25)  years,  from  the 
passage  of  this  ordinance  absolutely  cease  and  determine,  it  being  the 
true  meaning  and  intent  of  this  ordinance  to  grant  the  said  rights  and 
privileges  only  for  the  term  of  twenty-five  (25)  years  from  its  passage. 


BUTLER  LOWRY. 


87 


§ 32] 

BUTLER  LOWRY. 

§ 32.  Lowry,  Butler. 

1.  Title  and  date  of  passage. 

*tr  2.  Permission— erecting  and  maintaining  a line  or  lines  of 
wires  for  carrying  electricity  for  illuminating,  heating  and 
mechanical  purposes  within  the  corporate  limits  of  Norwood 
Park. 

If  3.  Rates  to  the  municipality. 

if  4.  Rebates  to  the  city  and  to  consumers. 

if  5.  Charges  or  rates  to  consumers. 

if  6.  Right  to  shut  off  light  during  repairs. 

if  7.  When  rights  may  become  forfeited. 

if  8.  Erection  of  the  plant. 

if  9.  Indemnity  clause. 

if  10.  Obstruction  of  the  streets. 

if  11.  Acceptance — when  in  force. 

• if  12.  Grantee  to  make  rules  and  regulations, 
if  13.  Acceptance  and  bond. 

If  1.  An  Ordinance  Granting  Rights  to  Butler  Lowry  to  Construct, 
Maintain  and  Operate  an  Electric  Plant  and  Distribute  Electricity 
for  Illuminating,  Heating  and  Mechanical  Purposes  in  Certain  Terri- 
tory. (Passed  November  6,  1893.  Acceptance  and  bond  filed  November 
11,  1893. 

1"  2.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Norwood  Park,  county  of  Cook  and  state  of 
Illinois:  § 1.  That  Butler  Lowry,  or  his  heirs,  or  assigns  are 
hereby  granted  the  right  and  privilege  of  erecting  poles,  or  standards 
and  in  connection  therewith  a line  or  lines  of  a single  wire  or  wires,  or 
other  electrical  conductors,  connections  and  fixtures  within  the  corpor- 
ate limits  of  said  village  of  Norwood  Park  for  the  purpose  of  conveying 
and  conducting  electricity  for  illuminating,  heating  and  mechanical 
purposes.  The  board  of  trustees  hereby  reserve  the  right  to  decide  as 
to  the  kind  of  poles  or  standards  to  be  uaed. 

1"  3.  Rate  to  city.]  § 2.  That  the  rate  to  be  charged  by  said 
Butler  Lowry,  or  his  assigns,  for  furnishing  electric  light  for  the  pur- 
pose of  illuminating  the  streets  of  said  village  of  Norwood  Park,  shall 
not  exceed  five  (5)  cents  for  each  thirty-two  (32)  candle  power  incan- 
descent lamp,  and  six  (6)  cents  for  each  fifty  (50)  candle  power  incan- 
descent lamp  and  twenty  (20)  cents  for  each  one  thousand  (1,000)  can- 
dle power  arc  light  per  night,  all  lights  to  burn  during  the  hours  of  dark- 
ness nightly;  and  such  lights  are  to  be  placed  in  such  numbers  and  at 
such  places  in  said  village,  and  from  time  to  time  as  said  village  of  Nor- 
wood Park  shall  direct,  and  no  light  shall  be  placed  in  any  of  the  pub- 
lic streets  of  said  village,  or  upon  any  of  the  property  under  the  super- 
vision of  said  village,  without  the  consent  of  said  village  for  that  pur- 
pose first  had  and  obtained.  The  light  shall  in  all  respects  be  equal  in 
quality  to  the  average  of  other  electric  lights  of  like  power. 

«[  4.  Rebate  to  city  and  consumers.]  § 3-  A rebate  pro- 


88 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  32 


portionate  to  the  amount  of  such  lights  shall  be  allowed  said  village 
and  private  consumers  for  every  night  such  light  be  not  furnished. 

1 5.  Charge  to  consumers.]  § 4.  The  cost  of  such  incan- 
descent lamp  of  sixteen  (16)  candle  power  for  private  consumption 
shall  not  exceed  one  (1)  cent  per  hour  of  actual  use,  meter  measure. 

1 6.  Right  to  shut  off  light  during  ‘ repairs.]  § 5.  In 

the  event  of  making  repairs  or  of  the  construction  of  additional  new 
works,  the  said  Butler  Lowry,  or  his  assigns,  shall  have  the  right  to 
shut  off  the  electric  light,  or  power,  upon  giving  reasonable  notice  to 
customers,  it  being  understood  that  such  necessary  repairs  be  expe- 
dited as  much  as  is  consistent  with  a proper  performance  of  the  work, 
not  exceeding  ten  days. 

IT  7.  Rights  forfeited,  when.]  § 6.  Should  Butler  Lowry,  or 
his  assigns,  after  the  furnishing  of  said  lights  as  by  this  ordinance  pro- 
vided from  any  cause  fail  to  continue  said  lighting  of  the  kind  and  in 
the  manner  aforesaid,  and  such  failure  shall  continue  for  thirty  (30) 
consecutive  days,  except  in  case  the  plant  be  destroyed  by  fire  or  other 
cause,  in  which  case  ninety  (90)  days  shall  be  allowed,  then  and  in  that 
case  it  shall  be  lawful  for,  and  the  right  is  hereby  reserved  to  the  village 
of  Norwood  Park  to  declare  all  rights,  power  and  privilege  under  this 
ordinance  vesting  in  the  said  Butler  Lowry,  or  his  assigns,  as  by  him 
and  them  abandoned  and  surrendered,  and  upon  the  same  being  so  de- 
clared by  said  village,  all  such  lights, ‘powers  and  privileges  so  vesting 
in  the  said  Butler  Lowry,  or  his  assigns,  shall  forever  thereafter  cease 
and  be  held  for  naught. 

IT  8.  Erection  of  plant.]  § 7.  All  rights  and  privileges  here- 
by granted  to  said  Butler  Lowry,  or  his  assigns,  shall  be  forfeited  un- 
less a plant  for  supplying  electric  light  and  power  aforesaid  shall  have 
been  erected  hereunder  and  be  in  operation  within  one  (1)  year  after 
the  passage  of  this  ordinance.* 

T 9.  Indemnity  clause.]  § 8.  The  said  Butler  Lowry,  or  his 
assigns,  shall  hold  and  save  harmless  said  village  of  Norwood  Park, 
from  any  and  all  costs,  expense  and  damage  resulting  from  negligence 
in  exercising  or  attempting  to  exercise  any  rights  hereby  given,  and 
from  all  damage  that  may  arise  to  owners  of  propertv  bv  reason  there- 
of. 

IT  10.  Obstruction  of  streets.]  § 9.  In  the  erection  of  said 
poles,  or  standards,  and  wires  and  other  electrical  connections,  fixtures 
or  other  appliances  used  in  connection  with  such  lights,  the  said  Butler 
Lowry,  or  his  assigns  shall  at  all  times  erect  and  keep  the  same  in  such 
condition  that  no  impediment  or  obstruction  shall  be  occasioned  to  the 
free  and  safe  passage  of  persons  and  vehicles,  and  all  excavations  or 
openings  made  in  connection  with  such  lighting  shall  have  suitable 
danger  signals. 

1 11.  When  in  force  — acceptance.]  § 10.  This  ordinance 


ROBERT  C.  MILLER. 


89 


§ 33] 


shall  be  in  force  from  and  after  its  passage  and  a written  acceptance  of 
the  same  by  said  Butler  Lowry,  or  his  assigns. 

T’12.  Grantee  to  make  rules  and  regulations.]  § 11. 
The  right  is  hereby  given  Butler  Lowry,  or  his  assigns,  to  make  and 
enforce  all  reasonable  rules  and  regulations  not  inconsistent  with  law 
for  supplying  electric  light. 

T 13.  Acceptance  and  bond.]  § 12.  Unless  the  said  Butler 
Lowry,  or  his  assigns  shall,  within  twenty  (20)  days  after  its  passage 
and  approval  file  with  the  village  his  written  acceptance  of  the  ordin- 
ance, with  an  acceptable  bond  of  five  thousand  ($5,000)  dollars,  then 
this  shall  be  null  and  void. 


ROBERT  C.  MILLER. 

§ 33.  Miller,  Robert  C. 

Tf  1.  Title  and  date  of  passage. 

Tf  2.  Permission — underground  conduits  for  light  and  power  on 
both  sides  of  North  avenue  from  California  avenue  to 
Western  avenue. 

3.  Subject  to  all  ordinances. 

*jr  4.  Restoration  of  streets. 

*j[  5.  Acceptance  and  indemnity  bond. 

If  6.  In  force  from  and  after  acceptance  and  bond  filed,  duly 
approved. 

Tf  1.  An  Ordinance  Authorizing  Robert  C.  Miller  to  Construct  Under- 
ground Conduit  for  Electric  Wires  for  Light  and  Power  in  North 

Avenue.  (Passed  January  4,  1897.) 

IF  2.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 

hereby  given  to  Robert  C.  Miller  to  put  in  underground  conduit  for 
putting  in  electric  wires  for  light  and  power  on  both  sides  of  North 
avenue,  from  California  avenue  to  Western  avenue;  provided,  that  the 
grant  of  this  ordinance  shall  extend  to  and  cease  at  the  end  of  twenty 
(20)  years  from  the  passage  hereof. 

1 3.  Subject  to  all  ordinances.]  § 2.  Said  electric  wires 
shall  be  operated  and  maintained  subject  to  all  the  ordinances  of  the 
city  of  Chicago  applicable  thereto. 

*[  4.  Restoration  of  streets.]  § 3.  It  shall  be  and  is  hereby 
made  the  duty  of  the  said  Robert  C.  Miller,  whenever  he  shall  be  about 
to  disturb  the  surface  of  any  street  or  alley  for  the  purpose  of  repairing 
or  relaying  said  wires,  to  obtain  a permit  therefor  from  the  commis- 
sioner of  public  works  and  to  deposit  with  the  said  commissioner  of 
public  works  a sum  of  money  sufficient  to  pay  for  the  restoration  of  the 


90 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  33 


said  streets  to  as  good  a condition  as  the  same  was  before  being  dis- 
turbed, which  said  sum  of  money  shall  be  returned  to  the  said  Robert 
C.  Miller  by  the  said  commissioner  of  public  works  as  soon  as  the  said 
Robert  C.  Miller  shall  have  restored  said  streets  to  such  condition  to 
the  satisfaction  of  the  said  commissioner. 

1 5.  Acceptance  and  indemnity  bond.]  § 4-  Said  Robert 
C.  Miller  shall  not  be  entitled  to  any  of  the  rights  or  privileges  granted 
by  this  ordinance  until  he  shall  file  with  the  city  clerk  an  acceptance 
thereof  in  writing  and  shall  also  file  a bond  in  the  sum  of  five  thousand 
dollars  to  be  approved  by  the  mayor,  with  one  or  more  good  and  suffi- 
cient securities,  conditioned  to  indemnify  and  save  harmless  the  city  of 
Chicago  from  any  and  all  expenses,  costs,  loss,  damages,  charges  of 
liabalities  in  any  way  arising  from  or  growing  out  of  the  provisions  of 
this  ordinance  or  out  of  the  exercise  of  the  rights  and  privileges  hereby 
conferred  upon  the  said  Robert  C.  Miller,  said  acceptance  and  bond  to 
be  filed  within  thirty  days  from  and  after  the  passage  of  this  ordinance. 

6.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
and  in  effect  from  and  after  its  passage  and  upon  the  filing  of  the  said 
acceptance  and  bond  as  hereinbefore  provided. 

§ *33.  Miller,  Robert  C.  Additional  ordinance. 

*[f  1.  Title  and  date  of  passage. 

if  2.  Permission  to  put  in  and  maintain  conduits  for  wires,  etc. , 
within  designated  limits. 

If  3.  Subject  to  ordinances. 

If  4.  Notice  to  the  city  when  about  to  disturb  any  street. 

If  5.  Acceptance  and  bond. 

^f  6.  When  in  force. 

1.  Ordinance  Granting  Permission  to  Robert  C.  Miller  to  Lay  Wires 
and  Conduits  in  District  Between  North  Fairfield  and  North  Cali- 
fornia Avenues,  West  North  Avenue  and  Bloomingdale  Road  and  East 
to  Milwaukee  Avenue.  (Passed  April  8,  1897.  Accepted  April  12,  1897.) 

IF  2.  Grant— term  20  years.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  author- 

ity be  and  the  same  is  hereby  given  to  Robert  C.  Miller, his  heirs 
and  assigns,  to  put  in  underground  conduits  for  putting  in  electric 
wires  for  lights  and  power  in  the  alley  between  North  Fairfield 
avenue  and  North  California  avenue,  from  West  North  avenue  to 
Bloomingdale  road,  thence  east  on  Bloomingdale  road  to  Mil- 
waukee avenue,  thence  northwesterly  on  both  sides  of  Milwaukee 
avenue  to  the  west  side  of  North  California  avenue,  for  a term  of 
twenty  years. 

IF  3.  Subject  to  ordinances.]  § 2.  Said  electric  wires  shall 
be  operated  and  maintained  subject  to  all  the  ordinances  of  the  city  of 
Chicago  applicable  thereto. 

IT  4.  Notice  to  city  when  about  to  disturb  streets.]  § 3. 

It  shall  be  and  is  hereby  made  the  duty  of  the  said  Robert  C.  Miller, 
whenever  he  shall  be  about  to  disturb  the  surface  of  any  street  or  alley 


MUTUAL  ELECTRIC  LIGHT  AND  POWER  COMPANY. 


91 


§ 34] 


for  the  purpose  of  repairing  or  relaying  said  wires,  to  obtain  a permit 
therefor  from  the  commissioner  of  public  works,  and  to  deposit  with 
the  said  commissioner  of  public  works  a sum  of  money  sufficient  to  pay 
for  the  restoration  of  the  said  streets  to  as  good  a condition  as  the  same 
was  before  being  disturbed,  which  said  sum  of  money  shall  be  returned 
to  the  said  Robert  C.  Miller  by  the  said  commissioner  of  public  works 
as  soon  as  the  said  Robert  C.  Miller  shall  have  restored  said  streets  to 
such  condition  to  the  satisfaction  of  the  said  commissioner. 

1 5.  Acceptance  and  bond.]  § 4.  Said  Robert  C.  Miller 
shall  not  be  entitled  to  any  of  the  rights  or  privileges  granted  by  this 
ordinance  until  he  shall  file  with  the  city  clerk  an  acceptance  thereof  in 
writing  and  shall  also  file  a bond  in  the  sum  of  five  thousand  dollars  to 
be  approved  by  the  mayor  with  one  or  more  good  and  sufficient  securi- 
ties conditioned  to  indemnify  and  save  harmless  the  city  of  Chicago 
from  any  and  all  expenses,  costs,  loss,  damages,  charges  or  liabilities  in 
any  way  arising  from  or  growing  out  of  the  provisions  of  this  ordinance 
or  out  of  the  exercise  of  the  rights  and  privileges  hereby  conferred  up- 
on the  said  Robert  C.  Miller,  said  acceptance  and  bond  to  be  filed  with- 
in thirty  days  from  and  after  the  passage  of  this  ordinance. 

6.  When  in  force.]  § 5.  This  ordinance  shall  be  enforced 
and  in  effect  from  and  after  its  passage  and  upon  the  filing  of  the  said 
acceptance  and  bond  as  hereinbefore  provided. 


MUTUAL  ELECTRIC  LIGHT  AND  POWER  COMPANY. 

§ 34.  Mutual  Electric  Light  and  Power  company. 

IT  1.  Title  and  date  of  passage. 

IT  2.  Permission  to  erect  and  operate  a plant  for  the  transmission 
of  electric  light,  power  and  heat. 

IT  3.  Term  of  the  grant  20  years. 

if  4-  Erection  of  the  plant  and  the  cost  thereof. 

if  5-  Enlargement  of  the  plant. 

*ir  6.  Kind  of  poles  to  be  used  and  where  the  same  are  to  be  located, 
if  7.  Permits  for  work  to  be  obtained, 
if  8.  Reservation  of  rights  and  powers. 

IT  9.  Restoration  of  the  streets. 

IT  10.  Change  or  removal  of  its  poles. 

if  n.  Compensation  to  the  city. 

if  12.  Overhead  wires  to  be  guarded. 

if  13.  Underground  system,  how  to  be  constructed. 

iT  14*  Joint  use  of  poles. 

if  15.  Rights  when  forfeited. 

IT  16.  Acceptance,  bond  or  cash  deposit, 
if  17.  Cash  deposit, 
if  18.  When  to  take  effect. 


92 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


L§  34 


i.  An  Ordinance  Granting  Permission  to  the  Mutual  Electric  Light 
and  Power  Company  to  Erect  and  Operate  a Plant  for  the  Transmis- 
sion of  Electric  Light,  Power  and  Heat  in  Certain  Territory. 
(Passed  March  19,  1894.  Accepted  May  14,  1894.) 

IT  2.  Grant  for  electric  light  plant — territory.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That,  under 
the  conditions  and  with  the  limitations  hereinafter  prescribed,  permis- 
sion and  authority  be,  and  the  same  hereby  are,  granted  to  the  Mutual 
Electric  Light  and  Power  Company  of  Chicago,  a corporation  of  the 
state  of  Illinois,  to  erect  and  operate  a plant  for  the  transmission  of 
electric  light,  power  and  heat,  in.  through  or  over  the  streets,  alleys  and 
public  ways  of  that  part  of  the  city  of  Chicago  which  lies  south  of  the 
center  line  of  Thirty-ninth  street  and  of  said  street  extended  west  to 
the  city  limits,  and  west  of  the  center  line  of  State  street,  within  the 
present  limits  of  said  city;  provided,  that  said  company  is  prohibited 
from  furnishing  power  for  the  propelling  of  street  cars  or  surface  rail- 
ways. Said  company  may  erect,  maintain  and  use  poles,  wires  and 
electrical  conductors  in  that  part  of  the  territory  above  mentioned  lying 
south  of  the  north  line  of  Sixty-first  street  and  west  of  the  east  line  of 
Halsted  street.  No  poles  shall  be  erected  or  used  north  of  Sixty-first 
street  and  east  of  Halsted  street,  but  all  wires  and  systems  of  electrical 
conductors  north  of  Sixty-first  and  east  of  Halsted  street  shall  be 
placed  under  ground  and  only  one  conduit  not  exceeding  one  foot  in 
diameter  shall  be  used. 

T 3.  Term  of  grant.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  expire  at  the  end  of  twenty  years  from  and  after  the  pas- 
sage of  this  ordinance. 

1 4.  Erection  of  plant— cost— liquidated  damages.]  § 3. 

Said  company  shall,  within  one  year  from  the  passage  of  this  ordi- 
nance, erect,  construct  and  have  ready  for  operation  a plant,  the  actual 
bona  fide  cost  of  which  shall  be  not  less  than  forty  thousand  dollars 
($40,000),  and  which  shall  have  the  capacity  of  furnishing  electric 
light  for  not  less  than  350  arc  lights.  In  case  said  company  shall 
fail  to  complete  such  plant  within  said  time,  it  shall  pay  to  the  city 
of  Chicago  the  sum  of  ten  thousand  dollars  ($10,000),  as  liquidated 
damages. 

If  5.  Enlargement  of  plant.]  § 4.  Said  company  shall,  also, 
with  5 years  from  the  passage  of  this  ordinance,  enlarge  its  plant  so  as 
to  be  able  to  furnish  electric  light  at  any  place  within  the  territory  for 
which  the  privileges  conferred  by  this  ordinance  are  granted. 

•f  6.  Location  of  poles.]  § 5.  All  poles  to  be  erected  under 
the  provisions  of  this  ordinance  shall  be  cedar  poles  not  less  than  30 
feet  high  and  of  such  shape  as  may  be  approved  by  the  commissioner 
of  public  works.  Said  poles  and  said  conduits  shall  be  placed  in  the 
alleys  and  not  in  the  streets,  except  that  in  cases  where  the  commis- 
sioner of  public  works  shall  be  of  the  opinion  that  it  is  not  practicable 


§ 34]  MUTUAL  ELECTRIC  LIGHT  AND  POWER  COMPANY. 


93 


to  place  the  same  in  the  alley  or  alleys  he  may  permit  the  erection  of 
such  poles  or  the  laying  of  such  conduits  in  the  streets  so  far  as  may 
be  absolutely  necessary,  but  no  street  or  alley  shall  be  unnecessarily 
incumbered  or  obstructed  by  the  erection  or  maintenance  of  said  poles, 
or  by  the  suspension  or  maintenance  of  said  electrical  wires  or  con- 
ductors, or  by  the  laying  or  maintenace  of  the  said  conduits. 

T 7.  Reservation  of  powers.]  § 6.  The  city  council  of  the 
city  of  Chicago  may  direct  any  change  in  respect  to  the  location  of  the 
said  poles,  conductors  and  wires  erected  under  the  authority  hereby 
given  and  order  such  conductors  and  wires  to  be  placed  underground; 
and,  in  case  said  company  shall  fail  to  comply  with  the  terms  of  any 
such  order  or  ordinance,  within  three  months  from  the  passage  thereof, 
all  the  privileges  herein  and  hereby  granted  to  said  company  shall,  on 
• account  of  such  default,  absolutely  cease  and  determine. 

8.  Permits  for  work  in  streets.]  § 7.  Said  company 
shall  not  erect  any  pole  or  do  any  other  work  in  any  of  said  public 
streets  or  alleys  or,  in  any  way,  disturb  the  surface  thereof  without  first 
receiving  from  the  commissioner  of  public  works  a permit  therefor. 

T 9.  Restoration  of  streets.]  § 8.  The  said  company  shall 
not  in  any  manner  interfere  with  any  sewers,  pipes,  cables,  wires  or 
conduits  which  are  now  laid  in  any  of  said  streets,  alleys  and  public 
ways,  except  by  the  consent  of  the  commissioner  of  public  works  of 
said  city;  and,  whenever  said  company  shall  open  any  street,  alley  or 
public  way,  or  interfere  with  any  sewer  pipe,  cable,  wire  or  conduit 
therein,  the  same  shall  be  forthwith  restored  to  as  good  condition  as 
before  such  opening,  disturbance  or  interference  by  and  at  the  expense 
of  said  company  and  under  the  direction  and  to  the  satisfaction  of  the 
commissioner  of  public  works;  and  in  case  said  companv  shall  fail  to 
make  such  restoration,  the  same  may  be  done  by  said  city  and  said 
company  shall  be  liable  to  the  city  for  the  cost  thereof. 

T 10.  Change  or  removal  of  poles.]  § 9.  The  said  com- 
pany shall,  upon  two  days  written  notice  from  the  commissioner  of 
public  works,  remove  or  change,  without  cost  to  said  city,  any  pole, 
wire,  conductor,  or  conduit  which  in  the  judgment  of  the  commissioner 
of  public  works  may  interfere  with  the  public  use  of  any  street,  alley  or 
public  way,  and  in  case  said  company  shall  fail  to  make  such  removal 
or  change,  then  the  commissioner  of  public  works  may  cause  such  pole 
or  conduit  to  be  summarily  removed  under  his  supervision,  and  neither 
the  city  nor  the  commissioner  nor  any  of  the  subordinates  shall  be  lia- 
ble for  any  damages  on  account  of  injury  or  harm  done  to  said  poles, 
wires,  conductors,  conduits  or  other  appliances  of  said  company,  and 
said  company  shall  hold  the  city  harmless  from  any  damages  which 
might  be  recovered  against  the  city  or  which  it  might  have  to  pay  in 
consequence  of  the  exercise  by  it  of  the  powers  herein  reserved. 


94 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  34 


IT  11.  Compensation  to  city  — charge  to  consumers.]  § 

io.  Said  company  shall  not  charge  any  private  consumer  a sum  ex- 
ceeding one  cent  per  hour  for  each  sixteen  (16)  candle  power  light 
Said  company  shall  not  charge  more  than  ten  dollars  and  fifty  cents 
($10.50)  per  month  for  each  arc  light  of  sixteen  (16)  hundred  candle 
power,  when  such  arc  light  is  operated  during  the  entire  night,  and 
the  maximum  charge  for  each  of  such  arc  light  when  the  same  is  oper- 
ated until  12:30  o’clock  a.  m. , shall  not  exceed  seven  dollars  ($7.00) 
per  month,  and  when  the  same  is  operated  not  later  than  10 130 
o’clock  p.  m.,  shall  not  exceed  five  dollars  and  fifty  cents  ($5.50) 
per  month.  Said  company  shall,  on  the  first  day  of  January  of 
each  year,  pay  in  to  the  city  treasury  of  the  city  of  Chicago  a per- 
centage of  its  gross  receipts  for  the  next  preceding  year  as  follows : 

3 per  cent  during  the  first  ten  years  from  the  passage  of  this  ordi-  , 
nance  and  five  per  cent  during  the  following  ten  years.  The  light 
furnished  to  said  city  of  Chicago  by  said  company  shall  be  furnished 
for  the  rates  above  named  with  a discount  to  said  city  of  ten  per 
cent. 

T 12.  Overhead  wires — guard  wires.]  §11.  All  overhead 
conductors  used  by  the  said  company  shall  be  protected  by  guard  wires 
or  other  suitable  mechanical  device  or  devices,  as  may  be  directed  by 
the  superintendent  of  city  telegraph.  All  poles,  wires  and  cables,  to  be 
placed  by  said  company  in  pursuance  of  this  ordinance,  shall  be  placed 
under  the  supervision  of  and  in  such  manner  as  may  be  approved  by 
the  superintendent  of  city  telegraph. 

T 13.  Underground  system.]  § 12.  Wherever  the  city  of 
Chicago  now  maintains  overhead  wires,  cables,  conductors  and  poles  for 
fire  and  police  alarm  and  other  municipal  electric  service  on  or  cross- 
ing streets  upon  which  the  said  company  shall  operate  overhead  con- 
ductors in  accordance  with  provisions  of  this  ordinance,  the  superin- 
tendent of  city  telegraph  may  cause  to  be  placed  underground  suitable 
pipes  and  conduits  to  replace  said  cables.wires  and  conductors  and  may 
cause  the  city  aerial  wires  and  poles  to  be  removed  from  said  street. 
And  the  said  company  shall  pay  all  the  costs  of  said  work. 

IT  14.  Joint  user  of  poles.]  § 13.  Said  company  may,  with 
the  consent  of  the  commissioner  of  public  works,  place  its  wires  and 
conductors  upon  the  poles  or  supports  adapted  to  that  purpose,  be- 
longing to  any  other  corporation  with  whom  it  may  arrange  for  that 
purpose,  now  located  or  which  may  hereafter  be  located  in  any  of  said 
streets.  Said  city  of  Chicago  shall  have  the  right  to  place  wires  belong- 
ing to  and  used  by  said  city  for  telephone,  police  or  fire  service,  or  city 
electric  lighting,  upon  any  of  the  poles  or  in  any  of  the  conduits  of  said 
company,  without  any  other  consideration  than  the  passage  of  this  or- 
dinance. Said  company  shall,  also,  permit  any  other  party  or  parties 
which  may  in  the  future  obtain  from  the  city  council  of  the  city  of  Chi- 
cago, a license,  in  the  exercise  of  which  poles  or  conduits  shall  be  nec- 


95 


§ 34]  MUTUAL  ELECTRIC  LIGHT  AND  POWER  COMPANY. 

essary,  to  use  the  poles  and  conduits  to  be  erected  or  laid  by  virtue  of 
this  ordinance,  if  said  council  should  so  direct,  upon  such  fair  and 
equitable  terms  as  may  be  agreed  upon  between  the  Mutual  Electric 
Light  and  Power  Company  and  such  other  party  or  parties  and,  in  the 
event  of  a disagreement  as  to  such  terms,  the  same  shall  be  settled  by 
three  disinterested  arbitrators,  one  to  be  chosen  by  the  Mutual  Electric 
Light  and  Power  Company,  one  by  such  other  party  and  the  third  to 
be  agreed  upon  by  the  two  thus  chosen. 

T 15.  Rights  forfeited,  when.]  § 14.  The  said  company 
shall  not,  at  any  time,  lease,  sell,  transfer  or  assign  the  rights  and  privi- 
leges granted  under  this  ordinance  to  any  other  person  or  corporation, 
nor  shall  the  said  company  enter  into  any  combination  with  any  other 
person,  corporation  or  company,  heretofore  existing  or  hereafter  cre- 
ated, concerning  prices  to  be  charged  for  furnishing  light,  heating, 
power  or  signals,  either  to  the  city  or  private  consumers,  nor  shall  said 
company  make  any  consolidation,  transfer  or  division  of  the  territory, 
streets  or  avenues  of  the  said  city  with  any  other  corporation,  person 
or  company  for  light  and  power.  And  if,  at  any  time,  a controlling  in- 
terest in  said  company  should  be  acquired  by  any  person  or  combina- 
tion of  persons,  or  by  a company  or  member  of  firm  operating  another 
plant  for  transmitting  electric  light,  heat  or  power  for  hire  within  the 
city  of  Chicago,  or  by  any  person  or  company  or  member  of  a firm  or 
combination  of  persons  owning  a controlling  interest  in  another  com- 
pany operating  such  a plant,  or  if  by  any  means  or  methods  whatsoever 
the  stock  in  said  company  shall  be  held,  owned  or  controlled  in  such  a 
way  as  to  effect,  practically  or  virtually,  a consolidation  or  combination 
or  trust  arrangement  of  any  kind  of  said  company  with  any  other  per- 
son, firm  or  company  operating  a like  or  similar  plant  in  the  city  of 
Chicago,  then  the  privileges  granted  by  this  ordinance  shall  be  null 
and  void.  Any  other  violation  of  the  provisions  of  this  ordinance  shall 
likewise  authorize  and  entitle  the  city  of  Chicago  to  revoke  and  repeal 
the  provisions  of  this  ordinance. 

1"  16.  Acceptance  — bond  — cash  deposit.]  § 15.  Said 
company  shall  not  be  entitled  to  any  of  the  rights  or  privileges  by  this 
ordinance  granted  and  conferred,  unless  the  said  company  shall  file, 
with  the  city  clerk  of  said  city,  its  written  acceptance  of  this  ordinance, 
within  sixty  days  after  its  passage,  and  shall,  within  the  same  time,  exe- 
cute and  file  with  said  city  clerk  a bond  in  the  penal  sum  of  forty  thous- 
and dollars  ($40,000),  with  sufficient  sureties  to  be  approved  by  the 
mayor  of  Chicago,  conditioned  upon  the  faithful  performance  and  ob- 
servance by  said  company  of  all  the  provisions  and  conditions  of  this 
ordinance  and,  further  conditioned,  to  indemnify  and  save  harmless  the 
city  of  Chicago  from  all  damages  which  may  be  occasioned,  or  arise, 
or  grow  out  of  the  exercise  by  said  company  of  any  of  the  rights  or 
powers  herein  reserved;  but,  the  liability  of  said  company  to  said  city 
or  to  any  person  who  may  be  injured  bv  the  exercise  of  any  of  said 


96  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  35 

rights  or  privileges,  shall  not  be  limited  by  the  penalty  of  the  bond 
herein  required,  nor  shall  such  remedy  be  confined  to  such  bond,  and 
said  city  and  any  such  person  shall  have  the  same  remedies  against 
said  company  as  they  severally  would  or  might  have  if  no  such  bond 
were  given.  Said  bond  shall  constitute  a continuing  liability  and  shall 
not  cease  to  be  in  force  for  the  full  amount  of  the  penalty  named  there- 
in after  any  recovery  or  recoveries  by  virtue  thereof.  Nor  shall  any  of 
the  privileges  granted  by  this  ordinance  be  exercised  by  said  company, 
unless  the  same  shall  within  sixty  days  from  the  passage  of  this  ordi- 
nance, deposit  with  the  treasurer  of  the  city  of  Chicago  ten  thousand 
dollars  ($10,000)  in  cash,  or  bonds  issued  by  the  city  of  Chicago  of  the 
par  value  of  $10,000,  as  additional  security  for  the  performance  of  the 
conditions  of  this  ordinance,  which  sum  of  money  or  bonds  shall  be 
returned  to  said  company  after  the  same  shall  have  complied  with  the 
requirements  contained  in  section  3 of  this  ordinance,  and  shall  have 
strung  not  less  than  20  miles  of  wire  and  laid  not  less  than  2 miles  of 
conduits,  ready  for  use  in  the  transmission  of  electric  light,  in  pursu- 
ance of  this  ordinance. 

T 17.  Cash  deposit.]  § 16.  That  said  company  shall,  also,  at 
the  time  of  the  filing  of  the  bond  herein  provided  for,  deposit  with  the 
city  treasurer  of  the  city  of  Chicago  the  sum  of  one  thousand  dollars 
($1,000)  and  shall,  at  all  times  during  the  term  of  this  ordinance,  main- 
tain such  deposit  up  to  the  sum  of  one  thousand  dollars  and  whenever 
the  city  of  Chicago  shall  be  put  to  any  expense  under  or  by  virtue  of 
the  provisions  of  this  ordinance  the  commissioner  of  public  works  shall 
certify  the  same  to  the  city  comptroller,  who  shall  thereupon  draw  said 
amount  so  certified  Out  of  and  from  said  deposit  of  one  thousand  dol- 
lars, and  notify  the  said  company. 

T 18.  When  to  take  effect.]  §17.  This  ordinance  shall  be 
in  force  and  effect  from  and  after  its  acceptance  and  filing  of  the  bond 
and  the  making  of  the  deposits  as  herein  provided  for. 


PEOPLES’  ELECTRIC  LIGHT  AND  MOTOR  POWER 

COMPANY. 

§ 35.  Peoples’  Electric  Light  and  Motor  Power  company. 

IT  1.  Title  and  date  of  passage. 

If  2.  Permission  to  construct,  operate  and  maintain  electric  light 
works  within  the  town  of  Lake  with  one  or  more  lines  of 
wire  or  other  electric  conductors  for  transmitting  electricity 
for  light,  power  and  heat. 

II  3.  Insulation — overhead  and  underground  construction. 

H 4.  Service  pipes,  charge  for. 


§ 35]  peoples’  electric  light  and  motor  power  company.  97 

Tf  5.  Restoration  of  streets — permits. 

6.  Indemnity  clause. 

*\\  7.  Acceptance  and  bond. 

TT  8.  Duties  of  city  officers. 

*f[  9.  Charges  to  consumers  and  to  the  city. 

10.  Rights  extend  to  successors. 

11.  In  force  when  company  accepts  conditions. 

*[  1.  An  Ordinance  Granting  Privileges  to”  the  Peoples’  Electric  Light 
and  Motor  Power  Company  to  Maintain  and  Operate  Electric  Light 
Works  for  the  Purpose  of  Furnishing^  Light  and  Power  in  Certain 
Territory.  (Passed  April  5,  1888.  Accepted  June  25,  1889.) 

% 2.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  town  of  Lake:  § 1.  Permission  and  authority  are 

hereby  granted  to  the  People’s  Electric  Light  and  Motor  Power  Com- 
pany to  construct,  operate  and  maintain  electric  light  works  within  the 
town  of  Lake,  with  the  right-of-way  along,  upon  and  under  all  the  ave- 
nues, streets,  alleys  and  public  places  within  said  town,  for  the  purpose 
of  placing,  operating,  maintaining,  and  replacing  one  or  more  lines  of 
wire  or  other  electric  conductors  or  conduits  and  all  necessary  feeders, 
service  pipes,  service  wires,  conductors  or  conduits  in  connection 
therewith  to  be  used  for  transmitting  electricity  for  the  purpose  of 
lighting  or  motor  power. 

1 3.  Insulation  — underground  wires  — overhead  construc- 
tion.] § 2.  All  lines  of  wire,  conductors  or  conduits  for  the  trans- 
mission of  electricity  shall  be  properly  insulated,  and  when  directed 
by  the  board  of  trustees,  shall  be  underground  in  all  places  except 
in  those  parts  of  alleys  which  are  more  than  fifty  feet  from  the  build- 
ing line  at  the  intersection  of  the  streets  with  said  alleys;  and  in  the 
construction  of  said  line  or  lines  underground,  no  excavations  there- 
for shall  exceed  in  width  the  space  of  two  feet;  and  in  constructing 
such  lines  above  ground  and  in  those  parts  of  the  streets  and  alleys 
in  which  under  this  ordinance  the  location  of  the  wires  above  ground 
is  permitted,  said  wires  or  conductors  shall  be  properly  insulated  and 
supported  upon  substantial  poles  not  less  than  six  inches  in  diameter 
at  the  small  end  and  thirty  feet  in  length  with  five  feet  in  the  ground, 
well  tamped.  Said  poles  not  to  be  more  than  one  hundred  and  fifty 
feet  apart. 

| I IT  4.  Service  pipes  — charge  for.]  § 3.  In  laying  main 
pipes  for  conducting  wires  underground  in  the  streets  which  are 
paved,  said  grantee  shall  at  the  same  time  lay  all  feeders  and  service 
pipes  to  the  curb  line  of  the  street  to  connect  with  each  building  lot 
along  the  line  of  said  line  of  pipe,  and  the  charge  to  any  person  desir- 
ing to  connect  with  such  feeder,  or  service  pipe,  shall  not  exceed  the 
sum  of  thirty  cents  per  foot  for  such  feeder  or  service  pipe. 

T 5.  Restoration  of  streets  — permits.]  § 4.  The  said 
grantee  shall  do  no  permanent  injury  to  any  highway,  street,  side- 
walk, alley  or  public  place,  or  shade  trees,  nor  shall  it  in  any  man- 


7 


98  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  35 

ner  interfere  with  any  water  or  sewer  pipes  which  may  now  or  may 
be  hereafter,  laid  by  the  town  of  Lake,  except  by  the  consent  of  duly 
authorized  officers  of  said  town;  and  when  said  grantee  shall  open 
ground  in  any  highway,  street,  avenue,  alley  or  public  place,  or  lay 
pipes,  wires  or  conductors  under  any  sidewalk  or  expose  any  viaduct, 
sewer  or  gas  pipe,  said  grantee  shall  put  up  proper  signal  lights  and 
shall  forthwith  restore  the  street,  highway,  avenue,  alley,  water  pipe, 
sewer  or  gas  pipe  to  as  good  condition  as  before,  at  its  own  expense, 
under  the  direction  of  the  superintendent  of  public  works  or  other 
authorized  officer,  and  to  the  satisfaction  of  the  board  of  trustees  of 
said  town,  or  the  officer  appointed  or  designated  by  said  board;  and 
if  said  grantee  shall  neglect  or  refuse  so  to  do.  the  same  may  be  done 
by  said  town,  and  said  grantee  shall  be  liable  for  and  by  acceptance  of 
this  ordinance  agrees  to  pay  the  cost  and  entire  expense  thereof,  and 
said  grantee  shall  not  make  any  excavation  in  any  highway,  street, 
avenue,  alley  or  public  place  nor  erect  any  poles,  without  first  pro- 
curing a written  permit  for  that  purpose,  from  the  superintendent  of 
public  works  or  other  duly  authorized  officer  of  said  town,  which  per- 
mit may  specify  which  part  of  the  street,  sidewalk,  avenue,  alley  or 
public  place,  the  said  line  or  lines,  conductor  or  conductors,  pipe  or 
pipes  shall  be  laid,  when  an  excavation  shall  be  made  by  said  grantee 
in  any  highway,  street,  avenue,  alley  or  public  place,  paved  with 
wooden  blocks,  the  foundation  board  shall  be  removed  without  be- 
ing cut,  unless  such  cutting  shall  be  specially  permitted  by  the  proper 
officers  of  said  town;  the  said  grantee  shall  upon  notice  from  such 
officer  of  said  town,  forthwith  remove  or  change  any  wire,  conductor, 
or  pipe,  which  may  be  in  the  way  of,  or  interfere  with,  the  public  use 
of  any  street  including  the  construction  or  erection  of  any  viaduct, 
sewer  or  water  pipe,  public  building  or  public  structure  within  said 
town. 

T 6.  Indemnity  clause.]  § 5.  Said  grantee  shall  be  liable 
to,  and  by  acceptance  of  this  ordinance  agrees  to  compensate  the  town 
of  Lake,  and  pay  any  private  individual  owner  or  owners,  or  parties  in- 
terested in  any  property  adjacent  to  any  highway,  street,  avenue,  al- 
ley or  public  place,  opened  or  injured  by  it,  for  all  damages  which  may 
result  from  or  by  reason  of  said  grantee  having  negligently  opened, 
encumbered,  protected  or  guarded  any  such  highway,  street,  avenue, 
alley  or  public  place  in  said  town,  or  from  or  by  reason  of,  any  negli- 
gence or  fraud  on  the  part  of  said  grantee  in  the  exercise  of  any  priv- 
ilege granted  by  this  ordinance. 

7.  Acceptance  and  bond.]  § 6.  The  rights  and  priv- 
ileges hereby  granted  are  upon  the  express  condition  that  said  grantee 
shall  file  an  acceptance  thereof  in  writing,  and  execute  a bond  to  the 
town  of  Lake  in  the  sum  of  ten  thousand  dollars  ($10,000),  with  sure- 
ties satisfactory  to  the  board  of  trustees  of  said  town,  conditioned  to 
indemnify  and  save  harmless  the  town  of  Lake  of  and  from  all  dam- 


§ 3$]  peoples’  electric  LIGHT  and  motor  POWER  COMPANY.  99 

ages  which  may  accrue,  or  which  in  any  manner  may  arise  or  grow 
out  of  the  exercise  by  said  grantee  of  the  privileges  hereby  granted  ; 
and  said  acceptance  shall  be  filed  and  said  bond  shall  be  executed  and 
approved  within  sixty  days  from  the  passage  of  this  ordinance;  the 
execution  of  said  acceptance  and  said  bond  by  said  grantee,  and  their 
delivery  to  and  approval  by  the  said  board  of  trustees,  shall  thence- 
forth authorize  said  grantee  to  exercise  all  and  singular  the  rights, 
privileges  and  franchises  hereby  granted. 

T 8.  Duties  of  city  officers.]  § 7*  In  case  the  duties 

herein  prescribed  to  be  performed  by  the  superintendent  of  public 
works,  or  other  authority  shall  devolve  upon  any  other  department  or 
officer,  the  permits  and  licenses  herein  mentioned  shall  be  granted  by 
such  department  or  officer,  and  the  duties  herein  imposed  upon  the 
superintendent  of  public  works  shall  be  performed  by  such  other  officer 
or  department. 

1 9.  Charge  to  consumers  and  city.]  § 8.  The  rights 

and  privileges  hereby  granted  are  upon  the  express  condition  that  the 
cost  and  charges  of  furnishing  electric  light  to  individual  consumers, 
when  furnished  by  said  grantee,  its  successors  or  assigns,  shall  not  ex- 
ceed the  following  rate  to-wit:  For  a large  standard  arc  light  of  twelve 
hundred  (1200)  candle  power  the  sum  of  fifty  (50)  cents  for  every  night 
in  which  the  light  is  used  not  more  than  twelve  hours;  and  for  the  in- 
candescent lights  a sum  not  exceeding  ten  (10)  cents  each  for  every 
night  in  which  the  light  is  used  not  more  than  twelve  hours;  and  the 
cost  and  charges  for  furnishing  electric  light  to  the  town  of  Lake  shall 
not  exceed  the  following  rates,  to-wit:  For  arc  lights  when  furnished 
and  used  three  hundred  nights  in  a year;  for  standard  arc  light  of 
twelve  hundred  (1200)  candle  power,  when  the  light  is  used  until  mid- 
night only  of  each  night,  not  to  exceed  the  sum  of  sixty  dollars  ($6o.oo) 
per  light  per  year;  for  standard  arc  light  of  twelve  hundred  (1200) 
candle  power,  when  the  light  is  used  all  night,  not  to  exceed  the  sum 
of  ninety  dollars  ($90.00)  per  light  per  year;  for  standard  arc  light  of 
two  thousand  (2000)  candle  power  when  used  until  midnight  only  of 
each  night,  not  to  exceed  the  sum  of  forty  cents  (40c)  per  night  for 
each  light;  for  standard  arc  light  of  two  thousand  (2,000)  candle  power, 
when  used  all  night  not  to  exceed  the  sum  of  one  hundred  and  fifty 
dollars  ($150)  per  light  per  year.  For  arc  lights  when  furnis'hed  every 
night  in  the  year;  for  standard  arc  lights  of  twelve  hundred  (1200)  can- 
dle power  when  used  until  midnight  of  each  night,  not  to  exceed  the 
sum  of  sixtv-five  dollars  ($65)  per  light  per  year;  for  a standard  arc 
light  of  twelve  hundred  (1200)  candle  power  when  used  all  night,  not 
to  exceed  the  sum  of  one  hundred  dollars  ($100)  per  light  per  year;  for 
a standard  arc  light  of  two  thousand  (2000)  candle  power  when  used 
all  night  of  each  night  in  the  year,  not  to  exceed  the  sum  of  one  hun- 
dred and  eighty  dollars  ($180)  per  light  per  year.  For  all  incandescent 
lights  of  sixteen  (16)  candle  power  each  not  to  exceed  the  sum  of 


100 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[8  35 


twelve  dollars  ($12)  per  light  per  year,  when  such  incandescent  lights 
are  used  for  only  three  hundred  (300)  nights  in  the  year.  Provided, 
that  such  electric  light  shall  be  obliged  to  be  furnished  at  the  above 
rates  to  said  town  only  upon  the  condition  that  the  board  of  trustees 
of  said  town  shall  make  a contract  with  said  grantee  to  use  and  pay 
for  the  said  lights  for  a period  of  at  least  one  year. 

10.  Rights  extend  to  successors,]  § 9.  The  rights, 
privileges  and  franchises  hereby  granted  to  said  grantee  shall  extend  to 
its  successors  and  assigns  upon  the  conditions  herein  set  forth. 

1 11.  In  force  when  company  accepts  conditions.]  § 
10.  The  rights  and  privileges  hereby  granted  are  upon  the  express 
condition  that  by  the  acceptance  of  this  ordinance,  said  grantee,  its 
successors  and  assigns,  agrees  to  do  and  perform  all  the  duties,  obli- 
gations and  liabilities  in  and  by  this  ordinance  imposed  and  provided 
to  be  done  and  performed  by  and  on  the  part  of  said  grantee. 

Note  .— See  following  amendatory  ordinance. 

§ 36.  Amendment  to  § 35,  supra. 

1.  Time  extended. 

2.  Bond  approved. 

An  Ordinance  Amending  an  Ordinance  Granting  Certain  Rights  and 

Privileges  to  the  Peoples’  Electric  Light  and  Motor  Power  Company. 

(Passed  June  28,  1889  ) 

1 1.  Amending  section  6 of  foregoing  ordinance.]  Be 

it  ordained  by  the  president  and  board  of  trustees  of  the  town  of  Lake: 
§ 1.  That  section  six  (6)  of  the  ordinance  adopted  by  the  president 
and  board  of  trustees  of  the  town  of  Lake,  on  the  fifth  day  of  April, 
A.  D.  1 888,  granting  to  the  Peoples’  Electric  Light  and  Motor  Power 
Company,  certain  rights,  privileges  and  franchises,  be,  and  the  same 
is  hereby  amended  by  striking  out  of  the  same  the  words,  “sixty  days,” 
and  by  inserting  therein  in  the  place  and  stead  of  said  words  “sixty 
days,”  the  words  “fifteen  months.” 

1"  2.  Former  bond  approved.]  § 2.  That  the  bond  in  the 
penalty  of  ten  thousand  dollars  ($10,000),  bearing  date  the  twenty-ninth 
day  of  May,  A.  D.  18 88,  and  wherein  the  said  Peoples’  Electric  Light 
and  Motor  Power  Company,  Thomas  Gahan  and  Edward  Tilden,  are 
obligors,  and  the  town  of  Lake  is  obligee,  and  wherein  the  adoption 
of  said  ordinance  is  recited,  and  which  bond  was  filed  in  the  office  of 
the  clerk  of*  the  town  of  Lake,  on  the  twenty-niftth  day  of  May,  A.  D. 
1888,  be,  and  the  same  is  hereby  approved,  and  it  is  hereby  declared 
and  ordained  that  said  ordinance  shall  hereafter  have  the  same  force 
and  effect  as  though  said  bond  had  been  approved  by  said  president 
and  board  of  trustees  within  sixty  days  after  the  adoption  of  said  or- 
dinance. 


§37] 


peoples’  light  and  power  company. 


101 


PEOPLES’  LIGHT  AND  POWER  COMPANY. 

§ 37.  Peoples’  Light  and  Power  company. 

If  1.  Title  and  date  of  passage. 

f 2.  Permission  to  maintain  electric  light  works  within  the  village 
of  Hyde  Park  and  maintaining  and  operating  lines  of  con- 
ductors for  transmitting  electricity  for  light  and  power. 

IT  3*  Insulation — poles  how  placed. 

U 4.  Restoration  of  streets. 

IT  5-  Indemnity  clause. 

if  6.  Duty  of  village  officers. 

if  7.  Subject  to  ordinances. 

if  8.  Charges  to  consumers. 

if  9.  Acceptance  and  bond— when  in  force. 

1.  An  Ordinance  Granting  Rights  and  Privileges  to  the  Peoples’  Light 
and  Power  Company  for  the  Purpose  of  Operating  and  Maintaining  an 
Electrical  System  for  Furnishing  Light  and  Power  in  Certain  Terri- 
tory. (Passed,  approved  and  filed  October  23,  1888.  Accepted  October 
30,  1888.) 

IT  2.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park.  § 1.  Permission  and  authority 
are  hereby  granted  to  The  Peoples’  Light  and  Power  Company,  its  suc- 
cessors and  assigns,  to  maintain  one  or  more  electric  light  works  with- 
in the  village  of  Hyde  Park,  with  the  right  of  way  along,  upon,  and 
under  all  the  avenues,  streets,  alleys  and  public  places  in  said  village, 
for  the  purpose  of  placing,  operating,  maintaining  and  repairing  one 
or  more  lines  of  wire  or  other  electric  conductors  or  conduits,  and  all 
necessary  feeders,  service  wires,  conductors  or  conduits,  in  connection 
therewith,  for  transmitting  electricity  for  the  purposes  of  lighting  and 
motive  power. 

1 3.  Insulation — poles,  how  erected  and  placed.]  § 2. 

All  lines  of  wire,  conductors,  or  conduits  for  the  transmission  of  elec- 
tricity shall  be  properly  insulated,  and  when  placed  above  ground  shall 
be  supported  upon  substantial  poles  not  less  than  six  inches  in  diame- 
ter, and  twenty-five  (25)  feet  in  length,  said  poles  to  be  not  more  than 
one  hundred  and  eighty  (180)  feet  apart. 

1 4.  Restoration  of  streets  — contents  of  permits.]  § 3. 
The  company  shall  do  no  permanent  injury  to  any  highway,  street,, 
sidewalk,  alley  or  public  place  or  shade  trees,  and  shall  not  in  any 
manner  interfere  with  any  water  or  sewer  pipes  which  are  now  or 
may  be  hereafter  laid  by  the  village  of  Hyde  Park,  except  by  the  con- 
sent of  duly  authorized  officers  of  said  village;  and  when  said  company 
shall  open  ground  in  any  highway,  alley  or  public  place,  or  lay  pipes, 
wires  or  conductors  under  any  sidewalk,  or  expose  any  viaduct,  sewer 
or  gas  pipe,  said  company  shall  put  in  proper  signal  lights  and  shall 
forthwith  restore  the  street,  highway,  avenue,  alley,  water  pipe,  sewer 
or  gas  pipe,  in  as  good  condition  as  before,  at  its  own  expense  under 
the  direction  of  the  superintendent  of  public  works,  or  other  authorized 
officer,  and  to  the  satisfaction  of  the  board  of  trustees  of  said  village, 


102  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  37 

or  the  officer  appointed  or  designated  by  said  board;  and  if  said  com- 
pany shall  neglect  or  refuse  to  do  so,  the  same  may  be  done  by  said 
village,  and  said  company  shall  be  liable  for,  and  by  acceptance  of  this 
ordinance,  agrees  to  pay  the  cost  and  entire  expense  thereof;  and  said 
company  shall  not  make  any  excavation  in  any  highway,  street,  alley 
or  public  place,  nor  erect  any  poles,  without  first  procuring  a written 
permit  for  that  purpose  from  the  superintendent  of  public  works,  or 
other  duly  authorized  officer  of  said  village,  which  permit  may  specify 
which  part  of  the  street,  sidewalk,  avenue  or  public  place  the  said  line 
or  lines,  conductor  or  conductors  shall  be  laid;  when  an  excavation 
shall  be  made  by  said  company  in  any  highway,  street,  avenue  or  pub- 
lic place,  paved  with  wooden  blocks,  the  foundation  board  shall  be 
removed  without  being  cut,  unless  such  cutting  shall  be  specially  per- 
mitted by  the  proper  officers  of  said  village;  the  said  company  shall 
upon  notice  from  such  officer  of  said  village,  forthwith  remove  or 
change  any  wire,  conductor  or  pipe,  which  may  be  in  any  way  of,  or 
interfere  with  the  public  use  of  any  street,  including  the  construction  or 
erection  of  any  viaduct,  sewer  or  water  pipe,  public  building  or  public 
structure,  within  said  village. 

T 5.  Indemnity  clause.]  § 4.  Said  company  shall  be  liable 
to,  and  by  acceptance  of  this  ordinance  agrees  to  compensate  the  vil- 
lage of  Hyde  Park,  and  pay  any  private  individual  owner,  or  owners, 
or  parties  interested  in  any  property  adjkcent  to  any  highway,  street, 
avenue  or  alley  or  public  place,  opened  or  injured  by  it  for  all  damage 
which  may  result  from  or  by  reason  of  said  company  having  negli- 
gently opened,  encumbered,  protected  or  guarded  any  such  highway, 
street,  avenue  or  public  place  in  said  village,  or  from  or  by  reason  of 
any  negligence  or  fraud  on  the  part  of  said  company  in  the  exercise 
of  any  privilege  granted  by  this  ordinance. 

T 6.  Duty  of  city  officers,]  § 5.  In  case  the  duties  herein 
prescribed  to  be  performed  by  the  superintendent  of  public  works,  or 
other  authority,  shall  devolve  upon  any  other  department  or  officer, 
the  permits  and  licenses  herein  mentioned  shall  be  granted  by  such  de- 
partment or  officer,  and  the  duties  herein  imposed  upon  the  superin- 
tendent of  public  works  shall  be  performed  by  such  officer  or  depart- 
ment. 

1 7.  Subject  to  ordinances.]  § 6.  Said  company  shall  be 
subject  to  all  general  ordinances  of  the  village  of  Hyde  Park  now  in 
force,  or  which  may  hereafter  be  in  force,  in  regard  to  electric  lighting 
companies,  or  the  placing  or  maintainance  of  wires  for  electric  lighting 
purposes. 

T 8.  Charge  to  consumers.]  § 7.  Said  company  shall  not 
charge  its  customers  to  exceed  the  sum  of  one  cent  per  hour  per  six- 
teen candle  power  light,  when  the  use  of  the  same  is  ascertained  by 
meter,  and  all  village  service  of  light  shall  not  exceed  a like  sum  as 
charged  its  regular  customers,  with  a discount  thereon  to  said  village 


3»] 


FRED  R.  PERSONS. 


103 


of  ten  per  cent  if  payment  be  made  on  or  before  the  twelfth  day  of  the 
month  succeeding  that  in  which  light  shall  have  been  furnished. 

T 9.  Acceptance  and  bond.]  § 8.  The  rights  and  privi- 
leges hereby  granted  are  upon  the  express  condition  that  said  company 
shall  file  an  acceptance  thereof  in  writing  and  execute  a bond  to  the 
village  of  Hyde  Park  the  sum  of  twenty  thousand  dollars,  con- 
ditioned to  indemnify  and  save  harmless  the  village  of  Plyde  Park 
of  and  from  all  damage  which  may  accrue  or  which  in  any  manner  may 
arise  or  grow  out  of  the  exercise  by  said  company  of  the  privileges 
hereby  granted;  and  said  acceptance  shall  be  filed  and  said  bond  shall 
be  executed,  and  approved  by  the  board  of  trustees,  within  sixty  days 
from  the  passage  of  this  ordinance;  the  execution  of  said  acceptance 
and  said  bond  by  said  company,  and  their  delivery  to  and  approval  by 
the  said  board  of  trustees  shall  thenceforth  authorize  said  company  to 
exercise  all  and  singular  the  rights  and  privileges  hereby  granted. 


FRED  R.  PERSONS. 

§ 38.  Persons,  Fred  R. 

ir  1.  Title  and  date  of  passage. 

2.  Permission  to  maintain  and  operate  gas,  fuel  and  electric 
light  works  within  the  limit  of  the  village  of  Washington 
Heights  and  placing  lines  of  gas  mains,  electric  light 
poles,  etc. , for  lighting,  fuel  and  power  purposes. 

IT  3.  Restoration  of  streets. 

If  4.  Acceptance  of  ordinance. 

If  5.  Erection  of  plant — price. 

6.  Time  of  completion. 

T[  7.  Exclusive  privilege. 

IT  8.  Substitution  of  style  of  light. 

If  9.  Time  schedule. 

IT  10.  Indemnity  bond. 

If  11.  Right  to  purchase. 

m 1.  An  Ordinance  Granting  Fred  R.  Persons,  His  Successors  and  Assigns 
the  Right  to  Construct,  Maintain  and  Operate  Gas,  Fuel  Gas  and 
Electric  Light  Works,  for  the  Purpose  of  Furnishing  Light  Heat  and 
Power  Within  Certain  Territory.  (Passed  November  13  1800  Bond 
filed  and  approved  November  17,  1890.) 

1 2-  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  and  trustee  of  the  village  of  Washington  Heights,  Illinois:  § 1. 
Permission  and  authority  is  hereby  granted  to  said  Fred  R.  Persons,' 
his  associates  and  assigns,  to  maintain  and  operate  gas,  fuel  gas  and 
electric  light  works,  any  or  all  of  them  within  the  limits  pf  the  village 
of  Washington  Heights,  Cook  county,  Illinois,  together  with  the  right 
of  way,  along,  upon  or  under  all  the  streets,  avenues,  alleys,  lanes  and 


104 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  38 


public  places  in  said  village,  for  the  purpose  of  placing,  operating, 
maintaining  and  repairing  one  or  more  lines  of  gas  mains  or  electric 
light  poles,  including  all  necessary  wires,  pipes,  feeders  and  services 
in  connection  therewith,  for  lighting,  fuel  and  power  purposes. 

T 3.  Restoration  of  Streets.]  § 2.  The  said  Fred  R.  Per- 
sons, his  successors  and  assigns,  shall  do  no  permanent  injury  to  any 
highways,  street,  alley,  lane  or  public  place,  and  said  Fred  R.  Persons, 
his  successors  and  assigns,  shall  be  liable  to,  and  bv  accepting  this 
ordinance,  agrees  to  compensate  the  village  of  Washington  Heights, 
or  its  successors,  and  pay  any  private  individual,  whose  property  or 
person  may  be  injured  by  any  negligence  on  the  part  of  said  Fred  R. 
Persons,  his  successors  and  assigns,  while  erecting  any  poles  or  wires 
for  electric  light,  or  opening  any  street,  avenue,  alley,  lane  or  public 
place,  for  the  purpose  of  laying  gas  mains,  feeders  or  service  pipes. 

T 4.  Acceptance  of  ordinance.]  § 3.  The  rights  and  priv- 
ileges hereby  granted  are  upon  the  express  conditions,  by  the  accept- 
ance of  this  ordinance,  the  said  Fred  R.  Persons,  his  successors  and 
assigns,  agree  to  do  and  perform  all  the  duties,  obligations  and  liabili- 
ties, in  and  by  this  ordinance  imposed  and  provided  to  be  done. 

T 5.  Erection  of  plant — price.]  § 4.  For  and  in  considera- 

tion of  the  rights  and  privileges  herein  granted  the  said  Fred  R.  Per- 
sons, his  successors  and  assigns,  agree  to  erect,  maintain  and  operate 
an  electric  light  plant,  furnishing  both  arc  and  incandescent  lights  of 
standard  quality  and  power,  whenever  the  village  of  Washington 
Heights,  Illinois,  or  its  successors,  through  its  trustees,  or  municipal 
officers,  shall  order  and  designate  where  to  be  placed,  forty  arc  lights, 
at  a price  at  not  more  or  less  than  eighty  ($80.00)  dollars  per  year  per 
light.  The  said  Fred  R.  Persons,  his  successors  and  assigns,  agree  to 
furnish  twenty  additional  lights  after  forty  (40)  lights  are  in  use,  at 
rate  of  five  ($5.00)  dollars  less  (or  seventy-five  ($75.00)  dollars)  per  year 
per  lamp.  All  contracts  for  lights  between  the  trustees  of  the  village 
of  Washington  Heights,  or  its  successors,  and  the  said  Fred  R.  Per- 
sons, to  run  for  five  (5)  years  from  time  light  is  actually  supplied. 

1 6.  Time  of  completion.]  § 5.  The  said  Fred  R.  Persons, 
his  successors  or  assigns,  shall  commence  work  on  plant  within  sixty 
(60)  days  after  lights  are  ordered  by  the  said  trustees,  or  successors, 
as  provided  in  this  ordinance,  and  shall  complete  the  same  and  be 
ready  to  supply  light  in  as  short  a time  as  is  possible  to  perform  the 
work  of  erecting  plant  properly. 

T 7.  Exclusive  privilege.]  g 6.  The  said  trustees  of  the  vil- 
lage of  Washington  Heights,  Illinois,  or  their  successors,  especially 
agree  to  order  from  said  Fred  R.  Persons,  his  successors  and  assigns, 
all  lights  hereafter  required  by  said  village,  or  its  successors,  during 
the  life  of  this  ordinance,  at  a price  not  less  than  seventy-five  (75.00) 
dollars  per  year  per  lamp. 


§38] 


FRED  R.  PERSONS. 


105 


T 8.  Substitution  of  style  of  lights.]  § y.  In  case  the 
village  of  Washington  Heights,  Cook  county,  Illinois,  or  its  suc- 
cessors, desire  to  substitute  incandescent  electric  lights  for  arcs,  the 
said  Fred  R.  Persons,  his  successors  or  assigns,  agree  to  place  six  (6) 
incandescent  lights  of  16  C.  P.  each  for  every  arc  so  displaced, 
without  additional  price  to  the  village  of  Washington  Heights,  or  its 
successors. 

T 9.  Time  schedule.]  § 8.  The  Philadelphia  schedule  for 
lighting  to  govern  all  lights  ordered  by  trustees  of  said  village  of  Wash- 
ington Heights,  from  said  Fred  R.  Persons,  his  successors  or  assigns. 

*[  10.  Indemnifying  bond.]  § 9.  The  said  Fred  R.  Persons, 
his  successors  or  assigns,  shall  give  a good  sufficient  bond,  which  shall 
be  approved  by  the  president  and  board  of  trustees,  or  their  successors, 
to  indemnify  the  said  village,  or  its  successors,  against  any  and  all  loss 
which  it  may  sustain  while  erecting  poles,  laying  gas  mains,  feeders  or 
service  pipes,  through  the  negligence  of  said  Fred  R.  Persons,  his  suc- 
cessors and  assigns. 

1 11.  Right  to  purchase,  mode.]  § 10.  The  village  of 
Washington  Heights,  Cook  county,  Illinois,  or  its  successors,  shall 
have  the  right  to  purchase  the  entire  electric  plant  erected  under  this 
ordinance,  at  any  time  after  three  (3)  years,  on  the  following  terms 
and  conditions,  viz.:  Whenever  the  village,  or  its  successors,  shall 

determine  to  purchase,  the  president  of  board  of  trustees,  or  successors 
thereof,  shall  give  to  the  said  Fred  R.  Persons,  his  successors  or  as- 
signs, or  representatives,  ninety  days’  written  notice  of  such  inten- 
tion, which  notice  shall  be  served  in  the  way  it  would  be  served  if  it 
were  a summons  in  an  action  at  law.  Within  ten  days  the  expiration 
of  such  notice,  the  village,  or  its  successors,  and  the  owners  of  the 
plant,  shall  each  choose  one  person  to  act  as  arbitrators,  and  deter- 
mine the  value  of  the  entire  plant.  In  case  the  two  arbitrators  so 
chosen  cannot  agree,  they  shall  choose  a third  arbitrator,  and  the 
arbitrators  so  chosen  shall  determine  the  value  of  the  plant.  The  price 
to  be  paid  by  the  village,  or  successors,  for  the  plant  shall  be  its  actual 
value  as  shown  by  books,  to  be  determined  bv  the  arbitrators.  Their 
award  shall  be  binding  on  both  the  village  of  Washington  Heights, 
Cook  county,  Illinois,  or  successors,  and  Fred  R.  Persons,  his  success- 
ors and  assigns.  Within  ninety  days  after  the  deliverv  of  the  copies  of 
the  award,  as  aforesaid,  the  village,  or  successors,  shall  pay  to  the 
owner  of  the  plant  its  value  as  fixed  by  the  arbitrators.  The  costs 
and  expenses  of  the  arbitration  shall  be  fixed  bv  the  arbitrators,  and 
paid  by  the  village  or  successors.  No  resident  of  the  village  of  Wash- 
ington Heights,  Cook  county,  Illinois,  or  any  officer,  agent  or  em- 
ployee of  the  said  village,  or  successors,  or  of  "the  owner  of  the  plant, 
or  any  person  interested  directly,  or  indirectly,  in  the  village,  or  its 
successors,  or  the  said  plant,  shall  act  as  arbitrators  as  aforesaid. 


IOC 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  39 


JOHN  B.  SHERMAN  AND  OTHERS. 

§ 39.  Sherman,  John  B. 

IT  1.  Title  and  date  of  passage. 

2.  Franchise,  to  construct,  maintain,  repair  and  operate  in  the 
town  of  Lake  an  electric  plant  for  furnishing  light  and 
power  and  the  transmission  of  sound. 

3-  Underground  wires  and  insulation. 

*|[  4.  Construction  and  extension  of  system. 

■j  5.  Contract  with  others  for  use  of  system. 

* 6.  Rights  rest  in  corporation  if  one  is  found. 

7.  Restoration  of  streets. 

8.  Opening  streets — signal  lights. 

•[  9.  Supply  wires  under  sidewalks,  owner’s  permission. 

•j  10.  Bond  of  indemnity. 

^f  1.  An  Ordinance  Granting  the  Right  to  John  B.  Sherman  and  Others 
to  Erect,  Maintain  and  Operate  a Plant  and  Line  of  Wires  or  Elec- 
tric Conductors  for  the  Purpose  of  Furnishing  Light  and  Power  and 
for  the  Transmission  of  Sound.  (Passed  July  12,  1889.  Accepted  July 
13,  1889.) 

1 2.  Grant.]  Be  it  ordained  and  enacted  by  the  board  of  trus- 
tees of  the  Town  of  Lake:  § 1.  That  permission  be  and  is  hereby 

granted  to  John  B.  Sherman,  Irus  Coy,  Thomas  Gahan,  Michael  J. 
Tierney,  Thomas  Byrne,  and  M.  E.  McGregor,  or  the  survivors  of 
them,  and  their  successors  or  assigns,  to  construct,  maintain,  repair, 
and  operate,  in  the  public  streets,  avenues,  alleys  and  public  grounds 
of  the  said  Town  of  Lake,  from  and  after  the  date  of  the  passage  of 
this  ordinance,  a line  or  lines  of  wire  or  other  electric  conductors, 
together  with  all  necessary  feeders  and  service  wires,  or  other  electric 
conductors,  to  be  placed  in  large  pipes  or  conduits  in  said  streets, 
avenues,  alleys  and  public  grounds  of  said  Town  of  Lake,  to  be  used 
exclusively  for  the  transmission  of  electricity  for  the  purpose  of  fur- 
nishing light  and  power  and  for  the  transmission  of  sound. 

JIT  3.  Underground  wires  — insulation.]  § 2.  All  such  line 
or  lines  shall  be  under  ground,  properly  insulated,  and  shall  be  con- 
structed under  the  supervision  of  the  town  engineer,  or  such  other 
officer  or  department  of  said  town  of  Lake  as  may  be  designated  by 
ordinance. 

1 4.  Construction  and  extension  of  system.]  § 3.  Said 
persons  named  in  section  1,  or  the  survivors  of  them,  or  their  suc- 
cessors or  assigns,  shall  commence  the  construction  of  said  system 
within  one  year  from  the  passage  of  this  ordinance,  or  as  soon  there- 
after as  required  by  the  proper  authority,  and  shall  extend  the  same 
as  rapidly  as  the  board  of  trustees  of  said  town  of  Lake  may  require. 

IF  5.  Contracts  with  others  for  use  of  system.]  § 4-  Said 
persons  named  in  section  1,  or  the  survivors  of  them,  or  the  successors 
or  assigns,  shall  permit,  by  lease  or  contract,  any  other  person  or 
persons,  company  or  companies,  to  use  said  system  upon  such  terms  as 
may  be  agreed  upon  by  the  respective  parties,  and  in  case  they  cannot 


§39] 


JOHN  B.  SHERMAN  AND  OTHERS. 


107 


agree,  such  terms  shall  be  fixed  by  arbitration  of  three  persons,  one 
chosen  by  the  persons  named  herein,  or  the  survivors  of  them,  or  their 
successors  or  assigns,  as  the  case  may  be,  one  chosen  by  the  party 
or  parties  desiring  to  use  said  system,  and  the  third  by  the  two  thus 
chosen:  Provided,  however,  that  this  section  shall  not  be  construed 

as  permitting  any  person  or  corporation,  not  authorized  by  ordinance, 
to  lay  any  system  of  wires  or  conduits  in  the  street  of  the  said  Town  of 
Lake,  other  than  said  persons  named  in  section  i.  or  the  survivors  of 
them,  or  their  successors  or  assigns,  but  meaning  hereby  to  require 
of  said  persons  and  their  successors,  that  they  shall  permit  the  use  of 
their  system  to  other  persons  and  corporations  upon  the  terms  herein 
specified,  but  no  such  lease  or  contract  shall  be  sub-let  or  assignable 
either  bv  agreement  or  operation  of  law. 

T 6.  Rights  vest  in  corporation  if  formed.]  § 5.  If  the 

said  John  B.  Sherman.  Irus  Coy,  Thomas  Gahan,  Michael  J.  Tierney, 
Thomas  Byrne,  and  M.  E.  McGregor,  or  the  survivors  of  them,  or 
their  successors  or  assigns,  shall  desire  to  form  a corporation  under 
the  general  laws  of  this  state,  for  the  purpose  of  doing  the  business 
incident  to  this  grant,  they  may  do  so,  and  thereupon  all  the  rights 
and  privileges  herein  granted  shall  pass  to  and  vest  in  such  corpora- 
tion, and  it  shall  become  the  successor  of  said  persons  or  the  survivors 
of  them,  as  the  case  may  be,  subject  to  the  provisions  hereof,  which 
shall  thereupon  apply  to  and  be  binding  on  said  corporation  the  same 
as  they  do  or  may  be  on  the  persons  named  herein. 

7.  Restoration  of  streets.]  § 6.  Said  persons  named  in 
section  1,  or  the  survivors  of  them  and  their  successors  or  assigns, 
shall  do  no  permanent  injury  to  any  street,  sidewalk,  alley,  avenue,  or 
public  place,  or  shade  tree,  or  in  any  manner  unnecessarily  disturb  or 
interfere  with  any  water  pipe,  sewer  or  gas  pipe,  telegraph  or  electric 
wires,  cables  or  pipes,  now  or  hereafter  laid  by  said  Town  of  Lake,  or 
any  authorized  company  or  corporation,  and  they  or  their  successors, 
as  the  case  may  be,  shall  open  ground  in  the  same,  they  or  their  suc- 
cessors, as  the  case  may  be,  shall  forthwith  restore  the  street  pavement, 
sidewalk  or  ground,  or  water  pipe,  sewer  or  gas  pipe,  to  a condition 
equally  good  as  before,  at  their  or  their  successors’  own  expense,  as  the 
case  may  be,  and  if  they  or  their  successors,  as  the  case  may  be,  shall 
fail  or  refuse  so  to  do,  the  same  may  be  done  by  said  town,  and  they 
or  their  successors,  as  the  case  may  be,  shall  be  liable  for  the  cost 
thereof;  and  they  or  their  successors  shall  not  make  any  excavation  in 
any  street,  alley,  avenue,  or  public  place,  without  first  procuring  a per- 
mit for  that  purpose  from  the  department  of  public  works  of  said 
town.  When  any  excavation  shall  be  made  by  them,  or  their  success- 
ors, in  any  street,  alley  or  public  place  paved  with  wooden  blocks,  the 
foundation  boards  or  planks  shall  be  removed  without  being  cut,  un- 
less such  cutting  shall  be  specially  permitted  by  the  department  of 
public  works  of  said  town. 


108 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  39 


IF  8.  Opening  streets  — signal  lights.]  § 7.  Said  persons 
named  in  said  section  I,  or  the  survivors  of  them  and  their  successors 
or  assigns,  shall  not  open  or  incumber  more  of  any  street,  avenue, 
alley  or  public  place,  at  any  one  time,  than  mav  be  necessary  to  en- 
able them  to  proceed  with  advantage  in  the  laying  of  such  wires  or 
conductors,  or  conduit  pipes,  nor  shall  they  or  their  successors  or 
assigns,  as  the  case  may  be,  permit  any  such  street,  avenue,  alley  or 
public  place  to  remain  open  or  incumbered  for  a longer  period  than 
shall  be  necessary  to  execute  the  work  for  which  the  same  shall  have 
been  opened,  or  without  putting  up  the  necessary  barriers  and  lights 
so  as  to  effectually  prevent  the  happening  of  any  accident  in  conse- 
quence of  such  opening  or  incumbering  of  such  street,  alley,  avenue 
or  public  ground. 

IT  9.  Supply  wires  under  sidewalks— owners’  permission.] 

§ 8.  In  all  cases  where  said  persons  named  in  section  one,  or  the  sur- 
vivors of  them  and  their  successors  or  assigns,  shall  desire  to  place  its 
line  or  lines,  or  feeder,  or  supply  wires,  or  conduit  pipes,  to  supply 
particular  blocks  in  the  areas  under  the  sidewalks,  the  commissioner 
of  public  works  shall  issue  permits  for  that  purpose,  subject  to  the 
proviso  hereinafter  contained.  Such  permits  shall  specify  that  the  said 
line  or  lines  of  feeder  or  supply  wires,  or  conduit  pipes,  shall  be  laid  in 
such  good  manner  that  they  will  least  inconvenience  the  persons  oc- 
cupying such  sidewalk  space,  and  he  shall  require  that  the  same 
shall  be  made  entirely  safe  and  secure:  Provided,  that  nothing  in  this 
ordinance  contained  shall  be  construed  as  any  authority  to  said-persons 
named  in  section  one,  or  the  survivors  of  them  and  their  successors  or 
assigns,  to  enter  into  any  area  or  space  under  any  sidewalk  in  said 
Town  of  Lake,  or  to  appropriate  or  use  the  same  for  anv  purpose, 
without  first  obtaining  from  the  owner  or  owners  of  the  lot  or  lots 
next  adjacent  to  and  abutting  upon  the  same,  his,  her  or  their  con- 
sent in  writing,  to  such  use  of  the  same,  and  to  the  terms  and  condi- 
tions upon  which  said  area  or  sidewalk  space  may  be  used. 

But,  provided  further,  that  where,  in  any  block  or  blocks,  and 
property  owner  refuse  the  consent  above  provided  for,  then  in  such 
block  or  blocks  the  said  persons  named  in  section  one,  or  the  survivors 
of  them  and  their  successors  or  assigns,  shall  have  the  right,  and  the 
commissioner  of  public  works  is  directed  to  permit  them,  to  lay  their 
supply  or  feeder  wires  or  conduit  pipes  next  outside  the  curb  wall 
under  the  pavement,  around  the  property  so  objected  for,  or,  at  their 
election,  to  erect  a hollow  iron  tube  or  pipe,  or  other  suitable  device 
proper  for  such  purposes,  in  the  alley  in  the  middle  of  each  such 
blocks,  from  which  to  distribute  the  necessary  supply  or  feeder  wires 
for  such  block  or  blocks. 

T 10.  Bond  of  indemnity.]  § 9.  As  soon  as  said  persons 
named  in  section  one,  or  the  survivors  of  them  and  their  successors  or 
assigns,  shall  commence  the  construction,  laying  and  operation  of  said 


SPARR  & WEISS. 


109 


§ 4o] 


system  laid  under  this  ordinance,  a bond  shall  be  given  to  the  town 
of  Lake  by  said  persons  so  named  in  section  one,  or  the  survivors  of 
them  and  their  successors  or  assigns,  in  an  amount  and  with  sureties  to 
be  approved  by  the  commissioner  of  public  works,  conditioned  to  in- 
demnify and  save  harmless  the  town  of  Lake  of  and  from  all  damage 
which  may  be  occasioned,  or  which  may  in  any  way  accrue,  or  arise, 
or  grow  out  of  the  use  by  such  persons  or  their  successors  or  assigns 
of  said  system  of  wires. 


SPARR  & WEISS. 

§ 40.  Sparr  & Weiss. 

IT  1.  Title  and  date  of  passage. 

H[  2.  Permission  to  lay  underground  wires  as  designated  for  the 
purpose  of  furnishing  electric  lights. 

T[  3.  Restoration  of  streets,  etc. 

Hf  4.  Compensation  to  city — Charge  to  consumers. 

•ff  5.  Streets  to  be  restored. 

6.  Excavation  in  streets. 

Hi  7.  Rights  forfeited — when  term  of  grant. 

Hr  8.  Acceptance — to  give  bond  of  indemnity. 

if  9.  When  to  take  effect. 

IT  1.  An  Ordinance  Granting  Permission  to  Sparr  & Weiss  to  Lay  Under- 
ground Wires  in  Conduits  for  the  Purpose  of  Furnishing  Electric  Light 
in  Certain  Territory.  (Passed  June  18,  1894.  Accepted  July  7,  1894.) 

•[  2.  Grant  — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance  of 

the  terms  and  conditions  of  this  ordinance,  permission  and  authority 
are  hereby  given  to  the  firm  of  Sparr  & Weiss  to  lay  underground 
wires,  properly  insulated,  and  to  be  carried  in  conduits  not  exceeding 
one  foot  in  diameter,  for  the  purpose  of  furnishing  electric  light,  across 
the  following  streets  at  the  points  designated,  to  wit : Across  North  Hal- 
sted street,  adjacent  to  the  northerly  line  of  Milwaukee  avenue;  across 
West  Indiana  street,  adjacent  to  the  southerly  line  of  Milwaukee  ave- 
nue; across  the  alley  between  North  Halsted  street  and  North  Union 
street  to  a point  adjacent  to  north  line  of  West  Indiana  street;  across 
the  alley  that  intersects  Milwaukee  avenue  between  North  Halsted 
street  and  North  Union  street,  at  a point  adjacent  to  the  northerly  line 
of  Milwaukee  avenue;  also,  across  said  alley  at  a point  adjacent  to  the 
southerlv  line  of  said  Milwaukee  avenue;  across  Austin  avenue  and 
across  North  Union  street  at  points  adjacent  to  the  southerly  line  of 
Milwaukee  avenue;  across  Milwaukee  avenue  northwesterly  of  North 
Desplaines  street;  and,  across  the  alley  between  North  Desplaines 
street  and  North  Union  street  at  a point  adjacent  to  the  north  line  of 


110 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  40 


Milwaukee  avenue.  Said  wires  shall  be  laid  underground  and  as  near- 
ly as  practicable  at  right  angles  with  the  streets  and  alleys  intersected. 

1 3.  Restoration  of  streets  — reservation  of  rights.]  § 2. 

The  said  Sparr  & Weiss  shall  not  disturb  or  injure  any  conduit,  water 
or  gas  pipe,  sewer  or  any  other  underground  structure  in  said  streets 
and  alleys,  and  shall  not  disturb  the  surface  of  any  street  or  alley  until 
they  shall  first  deposit  with  the  commissioner  of  public  works  the 
sum  of  seventy-five  dollars  for  each  crossing  as  security  that  they  will 
repair  the  pavement  or  surface  of  said  street  so  that  the  same  shall 
be  in  as  good  condition  as  it  was  before  such  openings  were  made. 
Said  Sparr  & Weiss  shall,  upon  two  days’  written  notice  from  the  com- 
missioner of  public  works,  remove  or  change  the  location  of  any  of 
said  conduits  without  cost  to  the  city,  if  he  should  consider  it  neces- 
sary in  the  interest  of  the  public  use  <?f  the  space  beneath  said  streets 
or  alleys;  and,  in  case  of  their  refusal  to  obey  such  order,  the  commis- 
sioner of  public  works  shall  cause  such  removal  to  be  made  and  said 
Sparr  & Weiss  shall  be  liable  to  the  city  for  the  expense  thereof. 

IT  4.  Charges  to  consumers  — compensation  to  city.]  § 3. 

Said  Sparr  & Weiss  shall  charge  any  private  consumer  not  to  exceed 
eight  ($8.00)  dollars  per  month  for  each  arc  light  furnished  by  them. 
In  consideration  of  the  rights  and  privileges  granted  herewith,  the 
said  Sparr  & Weiss  shall  pay  to  the  city  of  Chicago  three  per  cent, 
of  their  gross  receipts  upon  all  revenues  from  their  electric  lighting,  to 
be  paid  at  the  expiration  of  each  six  months,  from  the  date  of  their 
acceptance  of  this  ordinance. 

IT  5.  Street  restoration.]  § 4.  It  shall  be  and  is  hereby 
made  the  duty  of  said  Sparr  & Weiss,  whenever  they  shall  have  dis- 
turbed the  surface  of  any  street  or  alley  for  the  purpose  of  laying  such 
wires,  to  at  once  restore  such  street  or  alley  to  as  good  a condition 
as  the  same  was  in  before  being  disturbed,  and  all  pavements,  side- 
walks, or  other  structures  shall  be  so  restored  and  repaired  by  them 
in  such  maimer  as  to  suffer  no  injury. 

1 6.  Excavations  in  streets.)  § 5.  Before  disturbing  any 
street  or  alley  said  Sparr  & Weiss  shall  obtain  a permit  therefor  from 
the  commissioner  of  public  works,  and  all  work  done  by  said  parties 
under  the  permission  and  authority  of  this  ordinance  shall  be  done 
under  the  supervision  of  and  satisfactory  to  the  commissioner  of  pub- 
lic works. 

T 7.  Term  of  grant  rights  forfeited  when.]  § 6.  The 

rights  and  privileges  hereby  granted  shall  expire  at  the  end  of  ten 
vears  from  and  after  the  passage  of  this  ordinance.  Said  Sparr  & 
Weiss  shall  not,  at  any  time,  either  directH'  or  indirectly,  enter  into  any 
combination  with  any  person,  firm  or  corporation  concerning  prices 
to  be  charged  for  electric  lights,  nor  shall  they  at  any  time  sell,  lease, 
transfer  or  assign  the  rights  and  privileges  granted  bv  this  ordinance 


SPARK.  & WEISS. 


Ill 


§ 40] 

to  anv  person,  firm  or  corporation,  unless  said  sale,  lease,  transfer  or 
assignment  be  made  a part  of  their  entire  plant  and  business,  and  be 
sold  as  a whole.  Said  plant  and  business  being  located  at  number  194 
North  Union  street,  in  the  city  of  Chicago. 

• 8.  Acceptance— indemnity  bond.]  § 7.  Said  Sparr  & 
Weiss  shall  be  entitled  to  no  rights  or  privileges  under  this  ordinance 
until  they  shall  file  with  the  city  clerk  an  acceptance  thereof,  in  writ- 
ing, and  shall  also  file  a bond  in  the  sum  of  ten  thousand  dollars,  con- 
ditioned to  indemnify  and  save  harmless  the  city  of  Chicago  from  any 
and  all  expenses,  costs,  loss,  damages,  charges  or  liabilities,  in  any 
way,  arising  from  or  growing  out  of  the  provisions  of  this  ordinance 
or  out  of  the  exercise  of  the  rights  and  privileges  hereby  conferred 
upon  said  Sparr  & Weiss. 

c 9.  When  to  take  effect.]  § 8.  This  ordinance  shall  be 
in  force  and  effect  from  and  after  its  passage  and  filing  of  said  accept- 
ance and  bond  as  hereinbefore  provided  for,  within  sixty  (60)  days. 

§ 40*.  Sparr  & Weiss. 

TT  1.  Permission  to  lay  underground  wires  across  West  Ohio  street 
and  North  Green  street. 

2.  Deposit  for  restoration  of  streets,  conduits. 

3.  Charge  to  consumers  and  to  city. 

4.  Restoration  of  streets. 

5.  Permits  for  work. 

*[  6.  Term  of  grant,  transfer  of  privileges,  conditions. 

*T  7.  Acceptance,  bond  of  indemnity. 

Tf  8.  When  in  force. 

Ax  Ordinance  Granting  to  Sparr  & Weiss  Permission  to  Lay  Under- 
ground Wires  for  the  Purpose  of  Furnishing  Electric  Light.  (Passed 

March  23,  1896.) 

r 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That,  in  consideration  of  the  acceptance  of  the  terms 

and  conditions  of  this  ordinance,  permission  and  authority  are  here- 
by given  to  the  firm  of  Sparr  & Weiss  to  lay  underground  wires,  prop- 
erly insulated  and  to  be  carried  in  conduits  not  exceeding  one  foot  in 
diameter,  for  the  purpose  of  furnishing  electric  light  across  the  follow- 
ing streets,  at  the  points  designated,  to  wit:  Across  West  Ohio  street 
and  North  Green  street  at  points  adjacent  to  the  south  line  of  Milwau- 
kee avenue.  Said  wires  shall  be  laid  underground  and  nearly  as  prac- 
ticable at  right  angles  with  the  street  intersected. 

* 2.  Deposit  for  restoration  of  streets — conduits.]  § 2. 

The  said  Sparr  & Weiss  shall  not  disturb  or  injure  any  conduit,  water 
or  gas  pipe,  sewer  or  any  other  underground  structure  in  said  streets, 
and  shall  not  disturb  the  surface  of  any  street  until  they  shall  first  de- 
posit with  the  commissioner  of  public  works  the  sum  of  seventy-five 
($75.00)  dollars  for  each  crossing  as  security  that  they  will  repair  the 
pavement  or  surfac'e  of  said  street  so  that  the  same  shall  be  in  as  good 
condition  as  it  was  before  such  openings  were  made,  Said  Sparr  & 


112 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  4° ' 


Weiss  shall,  upon  two  days  written  notice  from  the  commissioner  of 
public  works,  remove  or  change  the  location  of  any  of  said  conduits 
without  cost  to  the  city,  if  he  shall  consider  it  necessary  in  the  interests 
of  the  public  use  of  the  space  in  each  said  streets;  and  in  case  of  their 
refusal  to  obey  said  order,  the  commissioner  of  public  works  shall 
cause  such  removal  to  be  made  and  said  Sparr  & Weiss  shall  be  liable 
to  the  city  for  the  expense  thereof. 

1 3.  Charge  to  consumers  — compensation  to  city.]  § 3. 
Said  Sparr  & Weiss  shall  charge  any  private  consumer  not  to  exceed 
eight  ($8.00)  dollars  per  month  for  each  arc  light  furnished  by  them. 
I n consideration  of  the  rights  and  privileges  granted  herewith  the  said 
Sparr  & Weiss  shall  pay  to  the  city  of  Chicago  three  per  cent  of  their 
gross  receipts  upon  all  revenues  for  their  electric  lighting,  to  be  paid 
at  the  expiration  of  each  six  months  from  the  date  of  their  acceptance 
of  this  ordinance. 

IT  4.  Restoration  of  streets.]  § 4.  It  shall  be  and  is  hereby 
made  the  duty  of  said  Sparr  & Weiss,  whenever  they  shall  have  dis- 
turbed the  surface  of  any  street  for  the  purpose  of  laying  such  wires, 
to  at  once  restore  such  street  to  as  good  a condition  as  the  same  was 
in  before  being  disturbed,  and  all  pavements,  sidewalks  or  other  struc- 
tures shall  be  so  restored  and  repaired  by  them  in  such  manner  as  to 
suffer  no  injury. 

1 5.  Permit  for  work.]  § 5.  Before  disturbing  any  street, 
said  Sparr  & Weiss  shall  obtain  a permit  therefor  from  the  commis- 
sioner of  public  works  and  all  work  done  by  said  parties  under  the 
permission  and  authority  of  this  ordinance  shall  be  done  under  the 
supervision  of  and  satisfactory  to  the  commissioner  of  public  works. 

T 6.  Term  of  grant— transfer  of  privileges,  conditions.] 
§ 6.  The  rights  and  privileges  hereby  granted  shall  expire  at  the 
end  of  ten  years  from  and  after  the  passage  of  this  ordinance.  Said 
Sparr  & Weiss  shall  not  at  any  time,  either  directly  or  indirectly,  en- 
ter into  any  combination  with  any  person,  firm  or  corporation  con- 
cerning prices  to  be  charged  for  electric  lights,  nor  shall  they  at  any 
time  sell,  lease,  transfer  or  assign  the  rights  and  privileges  granted 
by  this  ordinance  to  any  person,  firm  or  corporation,  unless  said  sale, 
lease,  transfer  or  assignment  be  made  a part  of  their  entire  plant  and 
business  and  be  sold  as  a whole.  Said  plant  and  business  being 
located  at  194  North  Union  street  in  the  city  of  Chicago. 

1 7.  Acceptance— bond  of  indemnity.]  § 7.  Said  Sparr 
Weiss  shall  be  entitled  to  no  rights  or  privileges  under  this  ordinance 
until  they  shall  file  with  the  city  clerk  an  acceptance  thereof  in  writ- 
ing, and  shall  also  file  a bond  in  the  sum  of  two  thousand  ($2,000.00) 
dollars,  conditioned  to  indemnify  and  save  harmless  the  city  of  Chi- 
cago from  any  and  all  expense,  costs,  loss,  damages,  charges  or  liabili- 
ties, in  any  way  arising  from  or  growing  out  of  the  provisions  of  this 


§ 41  ] SUBURBAN  ELECTRIC  LIGHT  AND  POWER  COMPANY.  113 

ordinance  or  out  of  the  exercise  of  the  rights  and  privileges  hereby 
conferred  upon  said  Sparr  & Weiss. 

T 8.  When  in  force.]  § 8.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  filing  of  said  acceptance  and 
bond  as  hereinbefore  provided  for  within  sixty  days. 


SUBURBAN  ELECTRIC  LIGHT  AND  POWER  COMPANY. 

§ 41.  Suburban  Electric  Light  and  Power  company. 

1.  Grants — limits  prescribed. 

If  2.  Poles,  system  of,  size  and  location  prescribed. 

II  3.  Permits — plans  to  be  filed. 

4-  Restoration  of  streets. 

•ff  5.  Insulation  of  wires.  ' 

6.  Powers  reserved  to  city  council. 

7.  Erection  of  plant,  cost. 

8.  Charge  to  consumers — compensation  to  city. 

•ft  9.  Rights  of  city  to  use  of  poles. 

10.  Term  of  grant — right  of  city  to  purchase. 

11.  Acceptance — bond  of  indemnity. 

12.  When  in  force. 

An  Ordinance  Authorizing  the  Suburban  Electric  Light  and  Power 
Company  to  Erect,  Maintain  and  Operate  a Plant  for  the  Produc- 
tion, Transmission  and  Distribution  of  Electricity  for  the  Purpose  of 
Furnishing  H eat,  Light  and  Power  in  Certain  Territory.  (Passed 
July  27,  1896.) 

•[  1.  Grant — limits  prescribed.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That  under  the  conditions,  and 
subject  to  the  limitations  hereinafter  prescribed,  permission  and  author- 
ity be,  and  the  same  are  hereby  granted  to  the  Suburban  Electric  Light 
and  Power  Company,  a corporation  organized  and  existing  under  and 
by  virtue  of  the  laws  of  the  state  of  Illinois,  its  successors  and  assigns, 
to  erect,  construct,  maintain  and  operate  a plant  or  plants  for  the  pro- 
duction, transmission  and  distribution  of  electricity  for  the  purpose  of 
furnishing  heat,  light  and  power  in,  through,  upon,  over,  or  under  the 
streets,  alleys  and  public  ways  of  the  city  of  Chicago,  within  the  follow- 
ing prescribed  limits:  From  Milwaukee  avenue  and  city  limits  east  to 
Carpenter  road;  on  Carpenter  road  south  to  Milwaukee  avenue;  on 
Milwaukee  avenue  northwesterly  to  place  of  beginning,  within  the 
city  of  Chicago:  Provided,  thait  said  company  is  prohibited  from  fur- 
nishing power  for  the  propelling  of  street  cars  or  surface  railways. 

IT  2.  Pole  system;  size  and  position  prescribed.]  § 2. 
The  said  company  may,  inside  the  district  above  described,  erect  a 
system  of  poles  and  place  wires  thereon  in  any  of  the  streets  and  al- 


8 


114 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  4 1 


leys  in  said  district,  and  over  buildings  with  the  consent  of  the  owners 
thereof,  and  in  going  from  one  building  to  another,  if  necessary,  said 
company  may  cross  streets,  alleys  and  city  property,  but  before  any 
such  poles  or  wires  shall  be  so  placed,  the  plans  thereof  shall  be  filed 
with  the  commissioner  of  public  works.  All  poles  to  be  erected  under 
the  provisions  of  this  ordinance  shall  be  cedar  poles  not  less  than  thirty 
(30)  feet  high,  and  symmetrical  in  form,  unless  the  commissioner  of 
public  works  shall  approve  of  poles  of  a different  height  or  form  upon 
application  being  made  to  him  for  said  purpose.  The  city  of  Chicago 
shall  have  the  right  to  the  top  cross  arm  of  each  of  said  poles  free  from 
charge  for  the  use  of  the  city  telegraph  and  telephone  wires. 

€[  3.  Permits — file  plan  of  work.]  § 3.  Said  company 

shall  not  construct  or  erect  any  poles  or  string  any  wires,  nor  do  any 
work  in  any  of  the  said  public  streets  or  alleys  or  other  places,  nor  in 
any  way  disturb  the  surface  thereof,  until  it  shall  have  filed  with  the 
commissioner  of  public  works  a plan  or  plans  showing  the  location 
of  said  intended  work,  or  in  case  it  intends  to  erect  poles  and  string 
wires  thereon,  showing  the  location  of  said  poles,  nor  until  it  shall  have 
procured  a permit  from  the  department  of  public  works  to  do  said 
work. 

1 4.  Restoration  of  streets.]  § 4-  Said  company  shall  do 
no  permanent  injury  to  any  street  or  alley,  nor  in  any  manner  unnec- 
essarily interfere  with  any  telegraph  or  electric  wires,  which  are  now 
or  may  hereafter  be  laid  by  the  city  of  Chicago,  or  any  authorized  com- 
pany or  corporation,  and  whenever  said  company  shall  open  any  street, 
alley  or  public  way,  or  interfere  with  any  cable  or  wire  therein,  the 
said  street,  alley  or  public  way  and  said  cable  or  wire  shall  be  restored 
forthwith  to  as  good  a condition  as  it  was  before  said  opening  or  en- 
cumbrance, such  restoration  to  be  made  at  the  expense  of  said  com- 
pany. In  case  said  company  shall  fail  to  make  such  restoration  in  ac- 
cordance with  these  conditions,  the  same  may  be  done  by  said  city, 
and  said  company  shall  be  liable  to  said  city  for  the  cost  thereof. 

v 5.  Insulation  of  wires.]  § 5.  All  conductors  and  wires 
maintained  or  used  by  said  company  under  the  provisions  of  this  or- 
dinance shall  be  properly  insulated,  protected  and  placed  under  the 
supervision  of,  and  in  such  manner  as  may  be  approved  by  the  super- 
intendent of  city  telegraph. 

* 6.  Powers  reserved  in  council.)  § 6.  The  city  council 
of  the  city  of  Chicago  may,  aften  ten  years  from  the  acceptance  of  this 
ordinance,  direct  any  change  in  respect  to  the  location  of  said  poles, 
conductors  and  wires,  or  either  of  them,  erected  under  the  authority 
hereby  given,  and  may  order  such  poles  to  be  taken  down,  and  may 
order  the  conductors  and  wires  to  be  placed  underground,  and  in  case 
said  company  gliall  fail  to  comply  with  the  terms  of  any  order  or  or- 
dinance of  said)  council  directing  or  ordering  such  change,  within  sixty 


§ 41]  SUBURBAN  ELECTRIC  LIGHT  AND  POWER  COMPANY.  115 

(6o)  days  from  the  passage  thereof,  all  the  privileges  herein  and  hereby 
granted  shall  absolutely  cease  and  determine. 

I 17.  Erection  of  plant— cost.]  § 7-  Said  company  shall 

within  three  years  from  the  passage  of  this  ordinance,  erect,  construct 
and  have  ready  for  operation  a plant  or  plants,  and  in  connection 
therewith  have  erected  poles  and  strung  wires  thereon,  or  both,  the 
actual  bona  fide  cost  of  all  of  which  shall  be  at  least  one  thousand 
($1,000)  dollars. 

1 8.  Charge  to  consumers— compensation  to  city.]  § 8. 

Said  company  shall  not  charge  any  private  consumer  a sum  exceeding 
one  cent  per  hour  for  each  sixteen-candle  power  light.  Said  company 
shall  not  charge  more  than  $10.50  per  month  for  each  arc  light  of  six- 
teen hundred  (1,600)  candle  power,  when  such  arc  light  is  operated  the 
entire  night,  and  the  maximum  charge  for  each  such  arc  light  when 
the  same  is  operated  until  12:30  o’clock  a.  m.,  shall  not  exceed  $7.50 
per  month.  Said  company  shall  not  charge  any  private  consumer 
more  than  forty  cents  per  horse  power  per  day  for  all  power  furnished 
by  it,  and  the  charge  for  the  use  of  said  wires  for  any  other  purpose 
shall  be  a reasonable  one.  From  and  after  January  1st,  1899,  said 
company  shall  pay  to  the  city  of  Chicago  a sum  equal  to  three  (3)  per 
cent  of  its  annual  gross  receipts  thereafter  from  all  revenues  derived 
within  the  territory  covered  by  this  ordinance  from  any  plant  hereby 
authorized,  said  payments  to  be  made  to  the  city  collector  within  thirty 
(30)  days  after  the  expiration  of  each  six  months  from  said  date,  and 
each  payment  shall  be  accompanied  by  an  affidavit  subscribed  and 
sworn  to  by  the  treasurer  or  other  duly  authorized  officer  or  agent  of 
said  company  to  the  effect  that  the  amount  of  such  payment  is  equal 
to  three  (3)  per  cent  of  said  company’s  gross  receipts,  as  required  by 
this  ordinance;  and  the  city  collector  or  the  city  comptroller  shall 
within  a reasonable  time  after  the  filing  of  each  such  affidavit  have  the 
right  to  examine  the  books  and  accounts  of  said  company  for  the  pur- 
pose of  verifying  the  correctness  of  the  statements  contained  in  such 
affidavit  or  affidavits  accompanying  such  payments. 

% 9.  Right  of  city  to  use  poles.]  § 9.  Sai<3  company 
may,  with  the  consent  of  the  commissioner  of  public  works,  place  its 
wires  and  conductors  within  conduits  belonging  to  any  other  corpora- 
tion with  whom  it  may  arrange  for  that  purpose  now  located  or  which 
may  hereafter  be  located  within  any  street  or  alley  within  the  territory 
above  mentioned,  and  may  likewise  string  its  wires  upon  the  poles  of 
any  corporation  now  or  hereafter  having  poles  in  said  city  within  said 
territory,  and  it  is  expressly  understood  that  said  city  of  Chicago  shall 
have  the  right  to  place  wires  owned  or  used  by  it  for  telegraph  or  tele- 
phone service  in  any  of  the  conduits  of  the  said  company  without  any 
further  consideration  than  the  passage  of  this  ordinance. 

1 10.  Term  of  grant  — right  of  city  to  purchase.]  § 

10,  The  rights  and  privileges  hereby  granted  by  this  ordinance  are 


116 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  41 


granted  for  the  term  of  thirty  (30)  years  from  and  after  the  acceptance 
of  this  ordinance,  and  on  the  express  condition  that  at  the  end  of  said 
term  of  thirty. (30)  years  from  and  after  the  acceptance  of  this  or- 
dinance, the  city  of  Chicago  shall  have  the  right  to  purchase  the  entire 
plant  or  plants  of  said  company  and  all  its  property  and  effects  of  every 
kind  and  nature  within  said  city  of  Chicago  at  an  appraised  value 
which  shall  be  ascertained  and  determined  by  three  competent  and  dis- 
interested appraisers  who  shall  have  full  access  to  all  books,  papers 
and  other  documents  bearing  on  or  appertaining  to  the  subject.  Such 
appraisers  to  be  selected  in  the  following  manner,  to-wit. : One  of 

said  appraisers  shall  be  appointed  by  the  said  city  of  Chicago  and  one 
by  said  company,  and  the  two  so  selected  shall  choose  a third,  and  if 
said  two  appraisers  cannot  agree  upon  a third,  then  such  third  ap- 
praiser shall  be  selected  by  the  chief  or  presiding  judge  of  the  circuit 
court  of  Cook  county,  Illinois,  and  the  said  three  appraisers  so  chosen 
shall,  within  six  (6)  months  after  the  appointment  of  the  last  appraiser, 
make  report  in  writing  of  the  value  of  the  said  property  to  said  city  of 
Chicago,  and  to  said  company,  and  the  said  city  of  Chicago  shall  have 
the  option  at  any  time  within  six  (6)  months  after  the  receipt  of  said 
report  to  purchase  said  plant  or  plants  and  property,  together  with  all 
its  appurtenances  and  equipment,  at  the  aforesaid  value  so  fixed  by 
said  appraisers:  provided,  however,  that  if  said  city  shall  so  elect  to 
so  purchase  said  plant  or  plants  and  property,  then  said  company  shall 
have  the  right  to  operate  said  plant  or  plants  and  property  and  re- 
ceive the  profit  therefrom  during  the  time  such  arbitration  is  in  prog- 
ress, and  until  the  same  shall  be  completed  and  the  purchase  price,  as 
fixed  by  arbitration,  has  been  paid. 

1 11.  Acceptance  and  bond  of  indemnity.]  § 11.  Said 
company  shall  not  be  entitled  to  any  of  the  rights  or  privileges  by  this 
ordinance  conferred,  until  it  shall  have  filed  with  the  city  clerk  of  said 
city  its  written  acceptance  of  this  ordinance,  within  ninety  (90)  days 
after  its  passage,  and  shall  have,  within  the  same  time,  executed  and 
filed  with  said  city  clerk  a bond  in  the  penal  sum  of  five  thousand 
($5,000)  dollars,  with  sureties  to  be  approved  by  the  mayor  of  the  city 
of  Chicago,  conditioned  that  said  company  will  well  and  truly  pay  or 
cause  to  be  paid  any  and  all  damages  that  may  accrue  by  delay  in  re- 
pairing or  removing  its  wires,  and  erecting  its  poles  and  stringing 
wires  upon  the  same,  and  shall  indemnify  and  save  harmless  the  said 
city  of  Chicago  from  any  and  all  damages,  costs  or  expenses  of  any 
kind  whatsoever  which  may  accrue  or  be  recovered  against  said  city 
in  consequence  of  the  neglect  of  said  company  or  its  authorized  agents 
or  servants,  and  will  save  and  keep  harmless  the  said  city  of  Chicago 
from  any  and  all  damages,  loss  or  expense  caused  by  or  incident  to 
the  erection  of  said  poles  and  the  operation  and  maintenance  of  said 
wires. 


<VX> 


SUN  ELECTRIC  LIGHT  COMPANY. 


117 


42] 


*[  12.  When  in  force.]*  § 12.  This  ordinance  shall  be  in 
force  and  effect  from  and  after  its  passage,  acceptance,  and  filing  of 
the  bond,  as  herein  provided  for. 


SUN  ELECTRIC  LIGHT  COMPANY. 


42.  Sun  Electric  Light  company. 

Tf  1.  Grant — territory  prescribed. 

If  2.  Wires,  how  to  be  laid,  plans  to  be  filed. 

IT  3.  Restoration  of  streets. 

If  4-  Indemnity  clause. 

it  5.  Rights  not  exclusive — indemnity  bond  to  be  given. 

6.  Liability  not  limited — duty  of  officers, 
if  7.  Extension  of  system — term  of  grant, 
if  8.  Street  intersections  to  be  lighted. 

^f  9.  Compensation  to  city — acceptance, 
if  10.  Unlawful  combination,  rights,  profits 
it  n.  Control  of  council  over  rates, 
if  12.  When  in  force. 


An  Ordinance  Granting  the  Right  to  the  Sun  Electric  Light  Com- 
pany a Line  of  Wires  or  Conductors  for  the  Purpose  of  Furnishing 
Light  and  Power  tn  Certain  Territory.  (Passed  July  2,  1888.  Accepted 
August  16,  1888.) 

1 1.  Grant— territory  prescribed.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  The  Sun  Electric  Light  Com- 
pany,—a corporation  organized  under  and  by  virtue  of  the  laws  of  Ill- 
inois, having  its  principal  office  in  the  city  of  Chicago, — is  hereby 
authorized  to  construct  and  maintain  in  the  streets  and  alleys,  and 
with  the  consent  of  the  adjacent  property  owners,  in  or  under  the  side- 
walks of  that  portion  of  the  city  of  Chicago  bounded  on  the  north  by 
Adams  street,  on  the  west  by  the  south  branch  of  the  Chicago  river,  on 
the  south  by  Twenty-third  street,  and  on  the  east  by  Lake  Michigan, 
a line  or  lines  of  wires  or  other  electric  conductors,  to  be  used  for 
transmitting  electricity  for  the  purpose  of  furnishing  light  and  power ; 
said  conductors  to  be  placed  in  such  parts  of  said  streets  and  alleys 
as  shall  be  designated  in  the  written  permit  hereinafter  mentioned; 
provided,  that  in  any  street  where  the  Chicago  Sectional  Electric  Un- 
derground Company  or  any  other  conduit  system  has  completed  con- 
duits, or  may  hereafter  lay  conduits,  then  said  Sun  Electric  Light  Com- 
pany desiring  to  use  said  streets  shall  lay  its  wires  in  such  conduits, 
or  in  conduits  of  its  own,  and  when  said  Sun  Electric  Light  Company 
shall  build  conduits  of  its  own  it  shall  allow  the  wires  or  conductors 
of  any  other  person  or  persons,  company  or  corporation  to  be  placed 
in  said  conduits  at  an  annual  rental  equal  to  that  charged  by  any 


118  ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  42 

other  conduit  company.  It  shall  permit  the  city  of  Chicago  to  use  the 
conduits  of  said  Sun  Electric  Light  Company  free  of  cost  to  said  city. 

1 2.  Wires,  how  laid,  plan  to  be  filed.]  § 2.  Where 
streets  or  alleys  shall  be  crossed  by  connecting  lines,  wires  or  con- 
ductors, which  are  run  under  or  in  sidewalks,  such  lines,  wires  or  con- 
ductors shall  be  laid  as  directed  by  the  commissioner  of  public  works. 
All  such  lines  or  wires,  shall  be  underground,  properly  insulated,  and 
shall  be  constructed  under  the  supervision  and  to  the  satisfaction  of  the 
commissioner  of  public  works,  or  such  other  officer  or  department  of 
the  city  government  as  may  hereafter  be  designated  by  ordinance  to 
perform  the  duties  of  such  commissioner.  No  wires  shall  be  laid  un- 
less a plat  shall  be  filed  with  the  commissioner  of  public  works  desig- 
nating the  streets,  squares  and  alleys  in  which  it  is  proposed  to  locate 
the  same,  and  a plat  of  the  circuit  of  wires  completed  shall  be  filed  with 
the  commissioner  of  public  works  before  the  same  are  used,  and  any 
change  in  the  same  shall  be  reported  to  the  commissioner  of  public 
works. 

T 3.  Restoration  of  streets.]  § 3.  Said  company  shall  do 
no  permanent  injury  to  any  street  or  alley,  or  in  any  manner  interfere 
with  any  water,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables 
or  pipes  which  are  now,  or  may  hereafter  be  laid  by  the  city  of  Chi- 
cago, or  any  authorized  company  or  corporation,  and  when  said  com- 
pany shall  open  ground  in  any  street  or  alley,  or  shall  lay  its  con- 
ductors under  any  sidewalk,  or  in  any  tunnel,  it  shall  forthwith  restore 
the  street,  alley  or  sidewalk,  water  pipe,  sewer  or  gas  pipe  to  as  good 
condition  as  before,  at  the  expense  of  said  company,  and  under  the  di- 
rection and  supervision  and  to  the  satisfaction  of  the  department  of 
public  works  of  said  city;  and  if  said  company  shall  fail  or  refuse  so 
to  do,  the  same  may  be  done  by  said  city  and  the  said  company  shall 
be  liable  for  the  cost  thereof,  and  said  company  shall  not  make  any 
excavation  in  any  street,  avenue  or  alley  without  first  procuring  a 
written  permit  for  that  purpose  from  the  department  of  public  works 
of  said  city;  which  permit  shall  specify  the  part  of  the  street,  alley  or 
avenue  where  the  conductor  or  conductors  of  said  company  shall  be 
laid.  When  any  excavations  shall  be  made  by  said  company  in  any 
street  or  alley,  the  foundation,  boards  or  planks  shall  be  removed  with- 
out being  cut,  unless  such  cutting  shall  be  specially  permitted  by  the 
department  of  public  works  of  said  city.  The  said  company  shall,  upon 
notice  from  the  department  of  public  works  of  said  city  forthwith  re- 
move or  change  any  conductor  which  may  be  in  the  way  of  or  interfere 
with  the  construction  or  erection  of  any  viaduct,  public  building  or 
other  public  structure  within  said  city. 

T 4.  Indemnity  clause.  ] § 4-  Said  company  shall  be  liable 

to  and  shall  compensate  the  city  of  Chicago,  and  pay  any  private  in- 
dividual, owner  or  owners,  or  parties  interested  in  any  property  ad- 
jacent to  any  street,  avenue  or  alley  opened  or  injured  by  it,  for  all 


SUN  ELECTRIC  LIGHT  COMPANY. 


119 


42] 


damages  which  may  result,  or  by  reason  of  such  company  having  neg- 
ligently opened,  encumbered,  protected  or  guarded  any  such  street, 
avenue  or  alley  in  said  city,  or  from  or  by  reason  of  any  negligence 
or  fault  on  the  part  of  said  company  in  the  exercise  of  any  of  the  privi- 
leges granted  by  this  ordinance. 

5.  Rights  not  exclusive  — indemnity  bond  to  be 
given.  ] § 5.  Nothing  in  this  ordinance  shall  be  construed  as  con- 

ferring any  exclusive  rights  or  privileges  upon  the  Sun  Electric  Light 
Company,  and  this  ordinance  shall  not  take  effect  until  the  Sun  Elec- 
tric Light  Company  shall  have  executed  a bond  to  the  city  of  Chicago 
in  the  penal  sum  of  $20,000,  with  sureties  satisfactory  to  the  mayor  of 
said  city,  conditioned  to  pay  to  the  city  of  Chicago  the  sum  and  sums 
of  money  hereinafter  provided  to  be  paid  to  said  city,  and  to  indemnify 
and  save  harmless  the  city  of  Chicago  of  and  from  all  damages  which 
may  accrue,  or  which  in  any  way  may  arise  or  grow  out  of  the  exercise 
by  said  Sun  Electric  Light  Company  of  the  privileges  herein  granted, 
and  said  bond  shall  be  executed  and  approved  within  sixty  days  from 
the  passage  of  this  ordinace. 

T 6.  Liability  not  limited— duty  of  city  officers.]  § 6. 

The  liability  of  such  company  to  said  city,  or  to  any  person  or  com- 
pany who  may  be  injured  by  the  exercise  by  said  company  of  any  of 
the  rights  and  privileges  granted  by  this  ordinance,  shall  not  be  lim- 
ited by  the  penalty  of  said  bond,  nor  shall  the  remedy  against  said  com- 
pany be  confined  by  the  said  bond,  it  being  understood  that  such 
remedy  is  merely  cumulative,  and  that  said  city  of  Chicago  and  any 
person  or  persons  shall  have  the  same  remedies  against  said  com- 
pany as  it  or  they  would  or  might  have  if  no  such  bond  were  given. 
In  case  the  duties  of  the  department  of  public  works  shall  be  devolved 
by  said  city  on  any  other  department,  or  officer,  the  permits  and 
licenses  herein  mentioned  shall  be  applied  for  to  such  department  or 
officer,  and  the  duties  herein  prescribed  to  be  performed  by  the  com- 
missioner of  public  works,  or  the  department  of  public  works,  shall 
be  performed  by  such  other  officer  or  department.  Said  company  shall 
be  subject  to  all  general  ordinances  of  the  city  now  in  force,  or  which 
may  hereafter  be  passed  in  relation  to  companies  laying  pipes  or  con- 
ductors in  the  said  city  of  Chicago. 

7.  Extension  of  system— term  of  grant.]  § 7.  The 

Sun  Electric  Light  Company  shall  extend  its  conductors  and  supply 
electricity  upon  any  street  or  streets  within  the  territory  hereinbefore 
described  when  ordered  so  to  do  by  a majority  of  the  city  council; 
Provided,  however,  that  the  company  shall  not  be  ordered  to  make 
such  extension  upon  any  street  or  streets  until  consumers  enough 
upon  such  street  or  streets  to  yield  a net  revenue  of  six  per  cent  per 
annum  upon  the  whole  cost  of  such  extension  shall  have  petitioned  the 
council  for  the  same.  The  rights  and  privileges  hereby  granted  shall 
at  the  expiration  of  twenty  years  from  the  passage  of  this  ordinance 


120 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§4^ 


absolutely  cease  and  determine,  it  being  the  true  meaning  and  intent 
of  this  ordinance  to  grant  the  said  rights  and  privileges  only  for  the 
term  of  twenty  years  from  its  passage. 

T 8.  Street  intersections,  light.]  § 8.  Said  company,  if  so 
requested  by  the  city  council  or  the  commissioner  of  public  works, 
shall  supply  and  maintain  one  electric  arc  light  of  2,000  candle  power 
each,  at  each  street  intersection  throughout  the  territory  over  which  its 
wires  shall  extend,  at  a price  not  to  exceed  cost  of  same  as  produced 
by  the  city  as  may  be  agreed  upon  between  the  comptroller  of  the  city 
of  Chicago,  and  the  said  Sun  Electric  Light  Company. 

1 9.  Compensation  to  city — acceptance.]  § 9.  This  or- 

dinance is  passed  upon  the  express  agreement  and  understanding  that 
the  Sun  Electric  Lighf  Company  before  availing  itself  of  any  of  the 
rights  or  privileges  granted  by  this  ordinance  shall  file  with  the  city 
clerk  its  acceptance  of  all  the  terms  of  this  ordinance,  and  shall  file 
with  the  comptroller  of  the  city  on  the  first  day  of  January  and  July,  of 
each  year,  a statement  of  the  gross  receipts  of  all  the  business  of  said 
company  within  the  city  of  Chicago  for  the  six  months  next  preceding 
such  statement,  which  statement  shall  be  sworn  to  by  the  president 
or  secretary  of  such  company.  And  at  the  time  of  filing  said  statement 
the  said  company  shall  pay  into  the  city  treasury  five  (5)  per  cent  on 
the  amount  of  such  gross  receipts.  Said  semi-annual  payment  shall 
continue  during  the  exercise  of  the  rights  and  privileges  granted  in 
this  ordinance. 

1 10.  Unlawful  combinations,  rights  forfeited.]  § 10. 

The  said  Sun  Electric  Light  Company,  shall  not  at  any  time  lease,  sell, 
transfer  or  assign  the  rights  and  privileges  granted  under  this  or- 
dinance to  any  electric  light  company,  nor  shall  the  said  company  enter 
into  any  combination  with  any  electric  light  company  heretofore  ex- 
isting, or  hereafter  created,  concerning  prices  to  be  charged  for  fur- 
nishing light  and  power,  either  to  the  city  or  private  consumers,  nor 
shall  said  company  make  any  consolidation,  transfer  or  division  of  the 
territory,  streets  or  avenues  of  the  city  with  any  other  electric  light 
company  or  corporation,  for  the  operation  of  and  supplying  of  elec- 
tricity for  light  and  power.  Any  violation  of  the  provisions  of  this  or- 
dinance shall  authorize  and  entitle  the  city  of  Chicago  to  revoke  and 
repeal  the  provisions  of  this  ordinance. 

T 11.  Control  of  council  over  rates.]  § 11.  And  it  is 

further  agreed  that  the  said  ordinance  is  accepted  by  said  company 
upon  the  express  condition  that  the  city  council  of  the  city  of  Chicago 
shall  have  the  power  to  regulate,  control  and  determine  the  rate  or 
rates  that  shall  be  charged  to  consumers  of  electric  light,  heat,  power 
and  signals,  furnished  to  the  city  and  to  the  public.  Such  price  to  be 
determined  by  the  cost  of  manufacture  and  a reasonable  profit  on  the 
capital  invested.  Provided,  further,  that  the  mayor  of  the  city  of  Chi- 


§ 43]  town  of  lake  district  telegraph,  etc.,  company. 


121 


cago  shall  have  the  power  to  appoint  a person  to  represent  the  city 
interests  on  the  board  of  directors  of  said  company  should  the  city  so 
elect,  and  the  stockholders  of  said  company  shall  agree  to  elect  said 
appointee  a director  of  said  company. 

T 12.  When  in  force.]  § 12.  This  ordinance  shall  be  in 
force  and  effect  from  and  after  its  passage  and  its  acceptance  in  writ- 
ing by  said  company. 


TOWN  OF  LAKE  DISTRICT  TELEGRAPH  AND 
ELECTRIC  COMPANY. 

§ 43.  Town  of  Lake  District  Telegraph  and  Electric  company. 

_^[  1.  Permission  to  construct,  lay  and  maintain  wires  or  electric 
conductors,  etc.,  as  prescribed. 

*[  2.  Conditions  and  limitations. 

it  3-  Insulation,  underground  wires  when. 

IT  4.  Permits— restoration  of  streets. 

5.  Restoration  of  streets. 

TT  6.  Police  and  fire  alarms,  free. 

*T  7.  Indemnity  bond. 

8.  Acceptance  and  bond. 

An  Ordinance  Granting  Certain  Rights  and  Privileges  to  the  Town 

of  Lake  District  Telegraph  and  Electric  Company.  (Passed  November 

13,  1888.  Accepted  January  2,  1889.  Bond  filed  January  8,  1889.) 

1"  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of  trus- 
tees of  the  town  of  Lake,  as  follows:  § 1.  That  permission  and 

authority  be  and  the  same  are  hereby  granted  to  the  Town  of  Lake 
District  Telegraph  and  Electric  Company,  a corporation  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the  state  of  Illinois,  its 
successors  or  assigns,  to  construct,  lay  and  maintain  wires,  or  electric 
conductors,  with  their  proper  supports,  guards  or  coverings,  above  or 
underground,  in  such  of  the  streets,  alleys,  highways  and  public  places 
of  the  town  of  Lake,  as  may  be  designated  from  time  to  time  by  the 
president  and  board  of  trustees  of  said  town,  as  hereinafter  provided. 

IT  2.  Conditions  and  limitations.]  § 2.  The  foregoing 
privileges  are  granted  to  the  Town  of  Lake  District  Telegraph  and 
Electric  Company  upon  the  following  conditions,  and  with  the  follow- 
ing limitations  and  agreements,  and  the  acceptance  of  this  ordinance 
by  the  said  Town  of  Lake  District  Telegraph  and  Electric  Company, 
shall  constitute  said  conditions,  limitations  and  agreements  a binding 
contract  upon  the  said  Town  of  Lake  District  Telegraph  and  Electric 
Company. 

1 3.  Insulation  — wires  underground,  when.]  § 3-  All 


122 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  43 


wires,  cables,  conductors  or  conduits,  for  the  transmission  of  electricity 
shall  be  properly  insulated;  and  when  required  by  the  general  or- 
dinance of  said  town  all  such  wires,  cables,  conductors,  and  conduits 
shall  be  placed  underground  by  said  company  under  the  direction  and 
supervision  and  to  the  satisfaction  of  the  superintendent  of  the  depart- 
ment of  public  works  of  said  town. 

T 4.  Permits  — restoration  of  streets.]  § 4.  No  street,  al- 
ley, place,  park,  highway  or  public  ground  of  the  town  of  Lake  shall 
be  entered  upon  by  the  said  Town  of  Lake  District  Telegraph  and 
Electric  Company,  its  successors,  or  assigns,  for  the  purpose  of  con- 
structing, laying,  using,  or  maintaining  any  of  the  works  or  construc- 
tions above  mentioned  or  using  such  street,  alley,  place,  park,  high- 
way 'or  public  ground  of  the  town  of  Lake  for  either  or  any  of  the 
purposes  mentioned  in  section  1 of  this  ordinance,  without  having  first 
obtained,  in  each  instance,  from  the  president  and  board  of  trustees  of 
said  town,  express  permission  and  authority  for  the  specific  work  pro- 
posed; and  in  each  and  every  instance  said  work  shall  be  done  under 
the  supervision  and  to  the  satisfaction  of  the  superintendent  of  the  de- 
partment of  public  works,  of  the  town  of  Lake,  and  at  such  times  and 
in  such  manner  as  the  said  president  and  board  of  trustees  of  said 
town  may  in  said  ordinance  or  resolution,  designate;  and  said  streets, 
alleys,  places,  parks,  highways,  and  public  grounds  shall  be  restored 
by  said  Town  of  Lake  District  Telegraph  and  Electric  Company,  under 
the  direction  and  supervision  and  to  the  satisfaction  of  the  superinten- 
dent of  the  department  of  public  works  of  said  town,  without  any 
expense  whatever  to  said  town,  and  in  such  time  and  manner  as  said 
superintendent  of  the  department  of  public  works  of  said  town  may 
designate,  to  a condition  as  good  as  the  same  were  in  before  the  com- 
mencement of  said  work  by  said  company;  and  said  company  by  the 
acceptance  of  this  ordinance  agrees  to  do  said  work  and  to  make  said 
restoration  as  herein  provided  and  said  company  by  the  acceptance 
of  this  ordinance  further  agrees  to  keep  and  maintain  said  streets,  al- 
leys, places,  parks,  highways  and  public  grounds  so  entered  upon  by 
said  company  as  above  provided  for  the  period  of  one  year  after  said 
restoration  in  good  condition  and  repair,  under  the  supervision  and 
to  the  satisfaction  of  the  superintendent  of  the  department  of  public 
works  of  said  town,  and  without. expense  to  said  town.  In  case  the 
said  Town  of  Lake  District  Telegraph  and  Electric  Company  shall  re- 
fuse or  neglect,  for  the  period  of  five  days  after  receiving  written  notice 
from  the  superintendent  of  the  department  of  public  works  of  said 
town  to  make  said  restoration  or  repairs,  then  said  superintendent  of 
the  department  of  public  works  may  cause  the  same  to  be  done  in  such 
manner  as  he  may  deem  proper,  and  the  said  company  shall  be  liable 
for  the  cost  thereof  and  upon  notice  shall  forthwith  pay  such  amount 
to  said  town. 

1 5.  Interference  with  pipes  or  paving  restoration.]  § 5. 


§ 43]  town  of  lake  district  telegraph,  etc.,  company.  123 

The  said  company  shall  do  no  permanent  injury  to  any  pavement, 
sidewalk,  crosswalk,  flagging,  curb,  street,  alley  or  public  place,  nor  in 
any  manner  unnecessarily  interefere  with  any  water  pipe,  sewer  pipe, 
gas  pipe  or  any  other  pipes  or  drain,  which  now  is  or  which  may  here- 
after be  laid  by  the  town  or  by  any  authorized  person- or  corporation, 
and  no  street,  alley,  place,  park,  highway,  or  public  ground  shall  be 
allowed  to  remain  open  or  encumbered  for  a longer  period  than  shall 
be  necessary  in  the  opinion  and  discretion  of  the  superintendent  of  the 
department  of  public  works  of  said  town,  to  execute  the  work  for 
which  the  said  street,  alley,  place,  park,  highway  or  public  ground  shall 
have  been  opened  or  encumbered.  Whenever  it  may  be  found  neces- 
sary in  making  any  of  the  constructions  herein  provided  for,  or  in  re- 
pairing the  same,  to  interfere  with  or  disturb  any  pavement,  flagging, 
curb,  sidewalk,  crosswalk,  sewer,  water  pipe,  gas  pipe,  or  any  other 
pipe  or  drain  the  same  shall  be  replaced  and  restored  by  the  said  com- 
pany at  its  own  expense,  and  without  any  expense  whatever  to  the  said 
town  of  Lake  to  a condition  as  good  as  the  same  were  in  before  the 
commencement  of  such  work  by  said  company. 

If  6.  Police  and  fire  alarms  free.]  § 6.  The  Town  of 
Lake  District  Telegraph  and  Electric  Company  hereby  agrees  to  re- 
transmit, without  extra  charge  therefor,  to  the  police  and  fire  depart- 
ments of  the  town  of  Lake  police  and  fire  alarms  received  by  them  from 
their  subscribers,  said  service  to  be  governed  by  the  rules  and  regula- 
tions of  said  departments. 

If  7.  Indemnity  bond.]  § 7.  The  rights  and  privileges 

hereby  granted  are  granted  upon  the  express  condition  that  the  said 
Town  of  Lake  District  Telegraph  and  Electric  Company  will  first 
enter  into  a bond  with  the  town  of  Lake,  to  be  approved  by  the  pres- 
ident and  board  of  trustees  of  said  town,  with  good  and  sufficient  sure- 
ties in  the  penal  sum  of  ten  thousand  ($10,000)  dollars  conditioned  to 
indemnify  and  save  harmless  the  said  town  against  and  from  any  and 
all  damages  or  claims  for  damages,  judgments,  decrees,  costs  and  ex- 
penses of  the  same,  which  said  Town  of  Lake  may  suffer,  or  which 
may  be  recovered  or  obtained  against  the  said  town  for  or  by  reason  of 
the  granting  of  the  rights  and  privileges  in  this  ordinance  contained,  or 
for  or  by  reason  of  or  growing  out  of  or  resulting  from  the  passage 
of  this  ordinance  or  from  any  act  or  acts  of  the  said  company  under  or 
by  virtue  of  the  authority  herein  granted  or  the  failure,  refusal  or  neg- 
lect of  said  company  to  perform  each  and  every  of  the  said  conditions 
upon  which  this  ordinance  is  granted;  and  it  is  hereby  further  provided, 
that  upon  the  recovery  of  any  such  final  judgment  or  decree  against 
said  town  as  aforesaid,  said  company  shall  immediately  and  without 
prior  payment  of  such  judgment  or  decree  by  said  town  be  liable  to 
pay,  and  shall  pay,  the  amount  or  amounts  thereof  to  said  town,  and 
the  fact  that  said  town  may  not  have  paid  such  judgment  or  decree 
shall  constitute  no  defense  on  the  part  of  said  company,  and  it  is 


124 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  43 


further  hereby  expressly  provided  that  in  case  of  the  failure  on  the 
part  of  the  said  Town  of  Lake  District  Telegraph  and  Electric  Com- 
pany to  perform  any  of  the  conditions  or  provisions  of  this  ordinance, 
the  said  town  of  Lake  shall  not  be  limited  to  an  action  upon  the  bond 
of  said  company,  but  may  proceed  at  once  against  the  said  company 
in  any  suit  or  action  at  law  or  in  equity,  which  it  may  deem  advisable 
or  necessary  for  the  recovery  of  any  money,  damages  or  costs,  which 
it  may  have  sustained  or  paid  by  reason  of  such  breach  or  failure ; and 
it  is  hereby  further  provided,  that  the  said  Town  of  Lake  District  Tel- 
egraph and  Electric  Company,  its  successors  and  assigns,  shall  renew 
said  bond  and  the  sureties  thereon,  whenever  and  so  often  as  the  said 
town  of  Lake  may  desire  or  require. 

If  8.  Acceptance  and  bond.]  § 8.  This  ordinance  shall  not 
be  in  force  until  its  written  acceptance  by  the  said  Town  of  Lake 
District  Telegraph  and  Electric  Company,  together  with  the  bond 
herein  provided  for,  shall  have  been  filed  with  the  clerk  of  said  town 
of  Lake,  and  unless  said  acceptance  and  said  bond  herein  provided  for 
shall  be  executed  and  filed  with  the  clerk  of  said  town  as  aforesaid, 
within  sixty  days  from  the  date  of  the  passage  hereof,  this  ordinance 
shall  be  null  and  void;  and  in  case  of  a failure  on  the  part  of  said 
Town  of  Lake  District  Telegraph  and  Electric  Company,  its  successors 
and  assigns,  to  keep  and  observe  each  and  every  of  the  conditions  and 
provisions  of  this  ordinance  the  town  of  Lake  shall  have  the  right  to 
repeal  this  ordinance  and  to  forfeit  all  rights  acquired  hereunder;  and 
all  rights,  power  and  authority  conferred  upon  the  Town  of  Lake,  its 
officers  or  trustees,  shall  vest  in  and  be  exercised  by  the  municipal 
corporation,  its  officers,  trustees,  or  authorities  within  whose  limit 
the  said  work  or  constructions,  or  any  part  thereof,  may  be  situated. 

Note — See  following  amendatory  ordinance. 

§ 43a.  Town  of  Lake  District  Telegraph  and  Electric  company. 

TT  1.  Amending  section  4 of  the  foregoing  ordinance. 

An  Ordinance  Amending  Section  Four  of  the  Town  of  Lake  District 

Telegraph  and  Electric  Company’s  Ordinance.  (Passed  March  30,  1889.) 

1 1.  Amending  section  4 of  foregoing  ordinance.]  § 

4.  No  street,  alley,  place,  park,  highway,  or  public  grounds  of  the 
town  of  Lake  shall  be  entered  upon  by  the  said  Town  of  Lake  Dis- 
trict Telegraph  and  Electric  Company,  its  successors  or  assigns,  for 
the  purpose  of  constructing,  laying,  using  or  maintaining  any  of  the 
works  or  constructions  of  those  mentioned,  or  using  such  street,  alley, 
place,  park,  highway  or  public  ground  of  the  town  of  Lake  for  either 
or  any  of  the  purposes  mentioned  in  section  1 of  this  ordinance,  with- 
out having  first  obtained,  in  each  instance,  from  the  president  and 
board  of  trustees  of  said  towfi,  express  permission  and  authority  for 
the  specific  work  proposed;  provided,  however,  that  upon  such  streets, 
alleys,  avenues,  parks,  highways  and  public  grounds  whereon  poles 
are  already  erected,  belonging  to  the  town  (or  the  ownership  wherein 


§44] 


TOWN  OF  LAKE  ELECTRIC  LIGHT  COMPANY. 


125 


consent  is  given),  permission  shall  be  given  to  the  said  the  Town  of 
Lake  District  Telegraph  and  Electric  Company  and  assigns,  to  erect 
and  maintain  one  line  or  wire  for  the  express  purpose  as  set  forth  in 
their  letter  of  application  filed  with  their  ordinance  on  November  13th, 
1888,  viz.:  “Police,  Fire  and  Messenger  Service,”  provided  said  com- 
pany shall  at  any  time  remove  said  wire  at  its  own  expense,  when  di- 
rected so  to  do  by  the  board  of  trustees  of  said  town.  Said  permission 
shall  be  issued  under  the  above  conditions  whenever  said  company 
shall  make  proper  application  in  writing  by  the  superintendent  of 
public  works,  or  such  other  authorized  officer  as  the  board  of  trustees 
shall  designate,  and  in  each  and  every  instance,  said  work  shall  be 
done  under  the  supervision  of  the  superintendent  of  the  department 
of  public  works,  and  at  such  time  and  in  such  manner  as  the  said  pres- 
ident and  board  of  trustees  in  said  ordinance  or  resolution  designated, 
and  said  streets,  alleys,  places,  parks,  highways  and  public  grounds 
shall  be  restored  by  said  Telegraph  and  Electric  Company,  under  the 
direction  and  supervision,  and  to  the  satisfaction  of  the  superintendent 
of  the  department  of  public  works  of  said  town,  without  any  expense 
whatever  to  said  town,  and  in  such  time  and  manner  as  said  superin- 
tendent may  designate,  to  a condition  as  good  as  the  same  were  in 
before  the  commencement  of  said  work.  And  said  company,  by  the 
acceptance  of  this  ordinance,  agrees  to  do  said  work,  and  to  make 
said  restoration  as  herein  provided.  In  case  the  said  Town  of  Lake 
District  Telegraph  and  Electric  Company  shall  refuse  or  neglect,  for 
the  period  of  five  days  after  receiving  written  notice  from  the  super- 
intendent of  the  department  of  public  works,  to  make  such  restoration, 
repairs  or  removal,  then  said  superintendent  may  cause  the  same  to  be 
done  in  such  manner  as  he  may  deem  proper,  and  the  said  company 
shall  be  liable  for  cost,  and  upon  notice,  shall  forthwith  pay  such 
amount  to  said  town. 


TOWN  OF  LAKE  ELECTRIC  LIGHT  COMPANY. 

§ 44.  Town  of  Lake  Electric  Light  company. 

1[  1.  Grant. 

■J  2.  Restoration  of  streets. 

If  3-  Conditions  of  the  grant. 

•J  4.  Acceptance. 

*[  5.  When  in  force. 

An  Ordinance  Granting  Permission  to  the  Town  of  Lake  Electric 
Light  Company  to  Erect  Electric  Light  System.  (Passed  March  18 
1884.  Accepted  March  28,  1884.) 

T !•  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 


126 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  44 


town  of  Lake:  § i.  • That  permission  and  authority  be  and  hereby 

is  given  to  the  Town  of  Lake  Electric  Light  Company,  its  successors 
and  assigns,  to  erect,  lay  and  maintain  a system  of  electric  conductors 
above  or  under  ground  in  the  streets,  alleys,  places  and  public  grounds 
of  the  town  of  Lake,  as  the  board  of  trustees  of  the  town  of  Lake 
may  direct. 

*[  2.  Restoration  of  streets.]  § 2.  Whenever,  in  erecting 
or  laying  or  repairing  such  electric  conductors,  it  shall  be  found  neces- 
sary to  disturb  any  street,  pavement,  sidewalk,  crosswalk,  sewer  drain, 
water  pipe  or  gas  pipe,  the  same  shall  be  restored  to  as  good  condition 
as  before  such  disturbance,  by  or  at  the  expense  of  said  Town  of  Lake 
Electric  Light  Company,  its  successors  or  assigns,  and  under  the  direc- 
tion and  to  the  satisfaction  of  the  town  engineer,  and  if  said  conductors 
shall  be  placed  and  maintained  above  ground,  it  shall  be  done  in  such 
manner  as  not  to  interfere  with  the  operation  of  any  electric  wires  be- 
longing to  the  town  of  Lake. 

T 3.  Conditions  of  grant.]  § 3.  The  permission  and  au- 
thority hereby  granted  the  Town  of  Lake  Electric  Light  Company  are 
upon  the  following  express  conditions,  the  willful  and  continued  viola- 
tion of  any  one  of  which  shall  render  the  authority  and  permission 
hereby  granted,  absolutely  null  and  void. 

1st.  The  said  Town  of  Lake  Electric  Light  Company,  its  suc- 
cessors or  assigns,  shall  and  will  forever  indemnify  and  save  harmless 
the  town  of  Lake  against  and  from  any  and  all  damages,  judgments, 
decrees,  and  costs  and  expenses  of  the  same  which  it  may  suffer,  or 
which  may  be  recovered  against  it,  the  town  of  Lake,  for  or  by  reason 
of  the  granting  of  such  privileges  and  authority,  or  for  or  by  reason 
of,  or  growing  out  of,  or  resulting  from  the  passage  of  this  ordinance, 
or  any  matter  or  thing  connected  therewith,  or  with  the  exercise  by 
said  company,  its  successors  or  assigns,  of  the  privileges  and  authority 
hereby  granted,  or  from  the  acts  of  said  companv,  its  successors  or 
assigns,  or  by  virtue  of  the  provisions  of  this  ordinance. 

2nd.  That  the  said  company,  its  successors  or  assigns,  shall  con- 
struct its  works  so  as  to  transmit  electricity  for  lighting  purposes  with- 
in two  years  from  the  date  of  the  passage  of  this  ordinance. 

3rd.  That  the  said  company,  its  successors  t>r  assigns,  shall  be 
held  jointly  and  severally  bound  to  pay  all  damages  that  may  accrue  to 
the  owners  of  property  by  reason  of  the  construction  and  operation  of 
its  works,  in  pursuance  of  the  provisions  of  this  ordinance. 

4th.  That  the  said  company,  its  successors  and  assigns,  shall 
promptly  fulfill  all  the  obligations  and  duties  that  are  now  or  may 
hereafter  be  imposed  by  general  ordinance  of  the  board  of  trustees 
of  the  Town  of  Lake,  upon  all  persons  or  companies  operating  in,  or 
doing  business  with  electricity  in  the  town  of  Lake:  Provided,  that 

on  such  streets  and  in  such  localities  where  the  consumption  of  elec- 


45] 


WESTERN  EDISON  LIGHT  COMPANY. 


127 


tricity  would  be  limited  said  company  may  supply  the  same  by  con- 
ductors above  ground. 

•[  4.  Acceptance.]  § 4.  This  ordinance  shall  not  be  in  force 
unless  a written  acceptance  thereof  by  said  company  be  filed  with  the 
town  clerk  of  the  town  of  Lake  within  thirty  (30)  days  after  the  pas- 
sage thereof. 

5.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  acceptance. 


WESTERN  EDISON  LIGHT  COMPANY. 

§ 45.  Western  Edison  Light  Company. 

IF  1.  Grant. 

2.  Consent  of  property  owners,  underground  wire,  permits,  etc. 

IF  3.  Restoration  of  streets. 

if  4.  Indemnity  clause. 

IF  5.  Rights  not  exclusive  unless  bond  be  given. 

IF  6.  Bond. 

IF  7.  Liability,  not  limited. 

if  8.  Extension  of  system. 

An  Ordinance  Authorizing  the  Western  Edison  Light  Company  to 
Maintain  a Line  of  Wires  or  Conductors  for  the  Purpose  of  Furnish- 
ing Light,  Heat  and  Power.  (Passed  March  28,  1887.  Accepted  April  11, 
1887.) 

T 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  Permission  and  authority  are  hereby  granted  to  the 

Western  Edison  Light  Company,  and  its  successors  and  assigns,  to 
construct  and  maintain  in  the  streets,  alleys,  sidewalks,  tunnels,  and 
public  grounds  of  the  city  of  Chicago,  a line  or  lines  of  wire  or  other 
electric  conductors  to  be  used  for  transmitting  electricity  for  the  pur- 
poses of  furnishing  light,  heat  and  power;  provided,  however,  that 
said  company,  and  its  successors  or  assigns,  shall  not  have  the  right 
to  sell  or  lease  to  any  other  person  or  corporation  any  conduit,  duct, 
wire  or  electric  conductor,  or  part  of  the  same,  which  may  be  laid 
by  virtue  of  this  ordinance,  nor  shall  any  of  the  rights  or  privileges 
hereby  granted  be  sold  in  part  or  leased  in  part  to  any  other  person 
or  corporation  whatsoever. 

IT  2.  Underground  wires  — permits  consent  of  property 
owners.]  § 2.  Said  line  or  lines  of  wire  or  other  electric  conduc- 
tors shall  be  placed  in  such  parts  of  said  streets,  alleys,  sidewalks,  tun- 
nels, and  public  grounds  as  shall  be  designated  in  the  written  permit 
hereinafter  mentioned.  Such  lines,  except  where  they  pass  through 
tunnels,  shall  be  underground,  as  near  to  the  curb  as  practicable,  prop- 


128 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


.[§  45 

erly  insulated,  and  shall  be  constructed  under  the  supervision  and  to 
the  satisfaction  of  the  commissioner  of  public  works  or  such  other 
officer  or  department  of  the  city  government  as  may  hereafter  be 
designated  by  ordinance  to  perform  the  duties  of  said  commissioner. 
In  all  cases  where  said  company  shall  desire  to  place  its  line  or  lines 
of  feeder  or  supply  wires,  to  supply  particular  blocks,  in  the  ar^a  under 
sidewalks,  the  commissioner  of  public  works  shall  issue  permits  tor 
that  purpose,  subject  to  £he  proviso  hereinafter  contained.  Such  per- 
mits shall  specify  that  the  said  line  or  lines  of  feeder  or  supply  wires 
shall  be  laid  in  such  manner  that  they  will  least  inconvenience  the 
persons  occupying  such  sidewalk  space,  and  he  shall  require  that  the 
same  shall  be  made  entirely  safe  and  secure;  provided,  that  nothing 
in  this  ordinance  contained  shall  be  construed  as  any  authority  to 
said  company  to  enter  into  any  area  or  space  under  any  sidewalk  in 
the  city  of  Chicago,  or  to  appropriate  or  use  the  same  for  any  purpose 
without  first  obtaining  from  the  owner  or  owners  of  the  lot  or  lots 
next  adjacent  to  and  abutting  upon  the  same,  his,  her  or  their  consent, 
in  writing,  to  such  use  of  the  same,  and  to  the  terms  and  conditions 
upon  which  said  area  or  sidewalk  space  may  be  used;  but 

Provided,  further,  that  when  in  any  block  or  blocks  any  proper- 
ty owner  refuses  the  consent  above  provided  for,  then  in  such  block  or 
blocks  the  said  company  shall  have  the  right,  and  the  commissioner 
of  public  works  is  directed  to  permit  it,  to  lay  its  supply  or  feeder 
wires  next  outside  the  curb  wall  under  the  pavement,  around  the  prop- 
erty so  objected  for,  or,  at  its  election,  to  erect  a hollow  iron  tube  or 
pipe,  or  other  suitable  device  proper  for  such  purposes,  in  the  alley 
in  the  middle  of  each  of  such  blocks,  from  which  to  distribute  the 
necessary  supply  or  feeder  wires  for  such  block  or  blocks. 

T 3.  Restoration  of  streets.]]  § 3.  Said  company  shall  do 
no  permanent  injury  to  any  street,  sidewalk,  alley,  avenue  or  public 
place,  or  shade  tree,  or  in  any  manner  unnecessarily  interfere  with  any 
water,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables  or  pipes 
which  are  now  or  may  hereafter  be  laid  by  the  city  of  Chicago,  or  any 
authorized  company  or  corporation;  and  when  said  company  shall 
open  ground  in  any  street,  avenue,  alley  or  public  place,  or  shall  lay 
its  conductors  under  any  sidewalk  or  in  any  tunnel,  it  shall  forthwith 
restore  the  street,  avenue,  alley,  sidewalk,  tunnel  or  ground  or  water 
pipe,  sewer,  or  gas  pipe,  to  as  good  condition  as  before,  at  the  expense 
of  said  company,  and  under  the  direction  and  supervision  and  to  the 
satisfaction  of  the  department  of  public  works  of  said  city;  and  if  said 
company  shall  fail  or  refuse  so  to  do,  the  same  may  be  done  by  said 
city,  and  the  said  company  shall  be  liable  for  the  cost  thereof;  and 
said  company  shall  not  make  any  excavation  in  any  street,  avenue, 
alley  or  public  place,  without  first  procuring  a written  permit  for  that 
purpose  from  the  department  of  public  works  of  said  city,  which  per- 
mit shall  specify  the  part  of  the  street,  sidewalk,  alley,  avenue,  public 
place  or  tunnel  where  the  conductor  or  conductors  of  said  company 


WESTERN  EDISON  LIGHT  COMPANY. 


129 


§ 45] 

shall  be  laid.  When  any  excavation  shall  be  made  by  said  company 
in  any  street,  alley  or  public  place,  paved  with  wooden  blocks,  the 
foundation  boards  or  planks  shall  be  removed — without  being  cut — 
unless  such  cutting  shall  be  specially  permitted  by  the  department  of 
public  works  of  said  city.  The  said  company  shall,  upon  notice  from 
the  department  of  public  works  of  said  city,  forthwith  remove  or 
change  any  conductor  which  may  be  in  the  way  of  or  interfere  with 
the  construction  or  erection  of  any  viaduct,  public  building  or  other 
public  structure  within  said  city. 

*T  4.  Indemnity  clause.]  § 4.  Said  company  shall  be  liable 
to,  and  shall  compensate  the  city  of  Chicago,  and  pay  any  private  in- 
dividual, owner  or  owners,  or  parties  interested  in  any  property  ad- 
jacent to  any  street,  avenue,  alley,  or  public  place,  opened  or  injured 
by  them,  for  all  damages  which  may  result  from  or  by  reason  of  such 
companv  having  negligently  opened,  encumbered,  protected  or 
guarded  any  such  street,  avenue,  alley  or  public  place  in  said  city,  or 
from  or  by  reason  of  any  negligence  or  fault  on  the  part  of  said  com- 
pany, in  the  exercise  of  any  of  the  privileges  granted  by  this  ordinance. 

1 5.  Rights  not  exclusive.]  § 5.  Nothing  in  this  ordi- 
nance shall  be  construed  as  conferring  any  exclusive  rights  or  privi- 
leges upon  the  Western  Edison  Light  Company,  and  unless  said  com- 
pany shall,  within  sixty  days  after  the  approval  of  the  bond  hereinafter 
provided  for,  in  good  faith,  commence  the  construction  hereby  au- 
thorized, then  and  in  that  case  all  rights  and  privileges  herein  granted 
shall  absolutely  cease  and  determine. 

*[  6.  Bond.]  § 6.  This  ordinance  shall  not  take  effect  until 
the  Western  Edison  Light  Company,  its  successors  or  assigns,  shall 
have  executed  a bond  to  the  city  of  Chicago,  in  the  penal  sum  of  fifty 
thousand  dollars  ($50,000),  with  sureties  satisfactory  to  the  mayor  of 
said  city,  conditioned  to  indemnify  and  save  harmless  the  city  of  Chi- 
cago of  and  from  all  damages  which  may  accrue  or  which  in  any  way 
may  arise  or  grow  out  of  the  exercise  by  said  Western  Edison  Light 
Company  of  the  privileges  herein  granted,  and  the  said  bond  shall  be 
executed  and  approved  within  sixty  days  from  the  passage  of  this  ordi- 
nance. 

17  7.  Liability  not  limited  — subject  to  ordinances.]  § 7. 

The  liability  of  such  company  to  said  city,  or  to  any  person  who  may 
be  injured  by  the  exercise  by  said  company,  of  any  of  the  rights  and 
privileges  hereby  granted,  shall  not  be  limited  by  the  penalty  of  said 
bond,  nor  shall  the  remedy  against  said  company  be  confined  by 
said  bond,  it  being  understood  that  such  remedy  is  merely  cumulative 
and  that  said  city  of  Chicago  and  any  person  or  persons  shall  have 
the  same  remedies  against  said  company  as  it  or  they  would  or  might 
have  if  no  such  bond  were  given.  In  case  the  duties  of  the  department 
of  public  works  shall  be  devolved  by  said  city  on  any  other  department 
or  officer,  the  permits  and  licenses  herein  mentioned  shall  be  applied 


130 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  45^ 


for  to  such  department  or  officer,  and  the  duties  herein  prescribed  to 
be  performed  by  the  commissioner  of  public  works  or  the  department 
of  public  works,  shall  be  performed  by  such  other  officer  or  depart- 
ment. Said  company  shall  be  subject  to  all  general  ordinances  of  the 
city  now  in  force  or  which  may  hereafter  be  passed,  in  relation  to  com- 
panies laying  pipes  or  conductors  in  the  said  city  of  Chicago. 

1 8.  Extension  of  system.]  § 8.  The  Western  Edison 
Light  Company  shall  extend  its  conductors  and  supply  electricity  upon 
any  street  or  streets,  when  ordered  so  to  do  by  a majority  vote  of  the 
city  council. 

Provided,  however,  that  the  company  shall  not  be  ordered  to 
make  such  extension  upon  any  street  or  streets  until  consumers  enough 
upon  such  street  or  streets  to  yield  a net  revenue  of  six  per  cent,  per 
annum  upon  the  whole  cost  of  such  extension,  shall  have  petitioned 
the  council  for  the  same.  The  rights  and  privileges  hereby  granted 
shall,  at  the  expiration  of  twenty-five  years  from  the  passage  of  this 
ordinance,  absolutely  cease  and  determine,  it  being  the  true  meaning 
and  intent  of  this  ordinance  to  grant  the  said  rights  and  privileges 
only  for  the  term  of  twenty-five  years  from  its  passage. 

§ 9.  The  ordinance  passed  by  the  city  council,  March  21st,  1887, 
granting  certain  rights  to  the  Western  Edison  Light  Company,  is  here- 
by repealed. 

§ 45a.  Same  (Hyde  Park). 

IT  1.  Grant. 

it  2.  Insulation. 

it  3-  Restoration  of  streets. 

ir  4*  Opening  streets,  signal  lights. 

it  5.  Rights  not  exclusive  unless  bond  be  given. 

it  6.  Liability  not  limited  by  bond. 

it  7.  Subject  to  ordinances. 

An  Ordinance  Authorizing  the  Western  Edison  Light  Company  to  Lay  and 

Maintain  its  System  of  Electric  Conductors  Underground  in  Certain 

Territory.  (Passed  and  approved  March  27,  1884.) 

If  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and  au- 

thority be  and  hereby  is  given  to  the  Western  Edison  Light  Company, 
its  successors  or  assigns,  to  lay  and  maintain  its  system  of  electric 
conductors  underground  in  the  streets,  allevs,  places,  tunnels,  parks 
and  public  grounds  of  the  village  of  Hyde  Park. 

T 2.  Insulation.]  § 2.  Such  electric  conductors  shall  be 
properly  insulated,  and  shall  be  laid  under  the  supervision  and  direc- 
tion of  the  department  of  public  works. 

T 3.  Restoration  of  streets — deposit.]  § 3.  Whenever  in 

laying  or  repairing  such  electric  conductors,  it  shall  be  found  neces- 
sary to  disturb  any  pavement,  sidewalk,  crosswalk,  sewer,  drain,  water 
pipe  or  gas  pipe,  or  telegraph  or  electric  wires,  cables  or  pipes,  the 
same  shall  be  forthwith  restored  to  as  good  condition  as  before  such 


§ 45a] 


WESTERN  EDISON  LIGHT  COMPANY. 


131 


disturbance,  by  and  at  the  expense  of  said  Western  Edison  Light  Com- 
pany, its  successors  or  assigns,  and  under  the  direction  and  to  the 
satisfaction  of  the  department  of  public  works  of  said  village:  Pro- 

vided, that  if  said  company,  its  successors  or  assigns,  as  the  case  may 
be,  shall  fail  or  refuse  to  make  such  restoration,  the  same  may  be  done 
by  said  village,  and  it,  or  its  successors  or  assigns,  as  the  case  may  be, 
shall  be  liable  for  the  cost  thereof:  Provided  further,  that  said  com- 

pany, its  successors  or  assigns  shall  not  make  any  excavation  in  any 
street,  alley  or  public  place  without  first  procuring  a permit  for  that 
purpose  from  the  department  of  public  works  of  said  village,  which 
permit  shall  specify  the  time,  place  and  manner  of  making  such  exca- 
vation. Before  issuing  such  permit,  the  comptroller  may  require  from 
the  said  company,  its  successors  or  assigns,  as  the  case  may  be,  a de- 
posit not  exceeding  two  hundred  and  fifty  dollars  ($250)  for  each 
block  of  improved  street,  or  fifty  dollars  ($50)  for  each  block  of  un- 
improved street,  authority  to  disturb  which  is  granted  in  said  permit. 
And  the  deposit  so  exacted  shall  be  returned  to  the  said  company,  or 
its  successors  or  assigns,  as  the  case  may  be,  on  the  completion  of  the 
work  proposed  in  the  permit,  to  the  satisfaction  of  the  department  of 
public  works. 

T 4.  Opening  streets— signal  lights.]  § 4-  Said  company, 
or  its  successors  or  assigns,  shall  not  open  or  encumber  more  of  any 
street,  avenue,  alley  or  public  place  at  any  one  time  than  may  be  neces- 
sary to  enable  it  to  proceed  with  advantage  in  the  laying  of  such  wires 
or  conductors,  nor  shall  it,  or  its  successors  or  assigns,  as  the  case 
may  be,  permit  any  such  street,  avenue,  alley  or  public  place,  to  re- 
main open  or  encumbered  for  a longer  period  than  necessary  to  ex- 
ecute the  said  work,  nor  without  putting  up  the  necessary  barriers  and 
lights  so  as  to  effectually  prevent  the  happening  of  any  accident  in 
consequence  of  such  opening  or  encumbering  of  such  street,  alley, 
avenue  or  public  ground. 

1 5.  Rights  not  exclusive — bond.]  § 5.  Nothing  in  this 

ordinance  shall  be  construed  as  conferring  any  exclusive  rights  or 
privileges  on  the  Western  Edison  Light  Company,  its  successors  or 
assigns,  and  this  ordinance  shall  not  take  effect  until  the  said  company 
shall  execute  a bond  to  the  village  of  Hyde  Park,  in  the  penal  sum  of 
ten  thousand  dollars  ($10,000),  with  sureties  satisfactory  to  the  presi- 
dent and  board  of  trustees,  conditioned  to  indemnify  and  save  harm- 
less the  village  of  Hyde  Park  of  and  from  all  damages  which  may  be 
occasioned  or  which  in  any  way  may  occur,  or  arise,  or  grow  out  of 
the  exercise  by  it,  or  its  successors  or  assigns,  of  the  privileges  hereby 
granted:  Provided  further,  that  unless  the  said  company,  its  success- 
ors or  assigns,  shall  commence  work  under  this  ordinance  within  six 
months  from  the  passage  hereof;  then  all  the  rights  and  privileges 
herein  granted  shall  be  forfeited  and  of  no  effect. 

1 6.  Liability  not  limited  by  bond.]  § 6.  The  liability 


132 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  46 


of  said  company,  or  its  successors  or  assigns,  as  the  case  may  be,  to 
said  village  or  any  person  who  may  be  injured  by  the  exercise  by  it 
or  them  of  any  of  the  rights  or  privileges  hereby  granted,  shall  not  be 
limited  by  the  penalty  of  the  bond  herein  required,  nor  shall  such  rem- 
edy be  confined  to  said  bond,  it  being  understood  that  such  remedy  is 
merely  cumulative  and  that  said  village  of  Hyde  Park,  and  any  per- 
son or  persons,  shall  have  the  same  remedies  against  it.  or  its  success- 
ors or  assigns,  as  the  case  may  be,  as  it  or  they  would,  or  might  have, 
if  no  such  bond  was  given. 

T 7.  Subject  to  ordinances.]  § 7.  This  grant  shall  be  sub- 
ject to  any  and  all  general  ordinances  of  the  village  of  Hyde  Park, 
either  now  in  force,  or  hereafter  coming  in  force,  in  relation  to  the 
maintenance  of  underground  lines  of  wire  or  other  electric  conductors 
in  the  streets,  avenues,  alleys  and  tunnels  of  said  village,  and  in  rela- 
tion to  the  inspection  of  electric  lights  and  their  conductors. 


WESTERN  ELECTRIC  COMPANY. 

§ 46.  Western  Electric  company. 

1.  Grant,  district  designated. 

*i\  2.  Poles,  control  of  council. 

■[j  3.  Term  of  grant,  indemnity. 

An  Ordinance  Authorizing  the  Western  Electric  Company  to  Erect  and 

Operate  Electric  Lights  in  Certain  Territory.  (Passed  and  approved 

February  i,  1886.) 

% 1.  Grant — district  defined.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  per- 

mission and  authority  be  and  are  hereby  granted  unto  the  Western 
Electric  Company,  a corporation  of  the  state  of  Illinois,  its  successors 
and  assigns,  to  erect  and  operate  electric  lights  in  the  district  of  South 
Chicago,  village  of  Hyde  Park,  that  is  to  say,  within  the  limits  de- 
scribed as  follows:  87th  street  on  the  north.  106th  street  on  the  south, 
Ashkum  avenue  on  the  west,  from  87th  street  to  Western  Indiana  rail- 
road track,  and  Hoxie  avenue  from  said  railroad  crossing  to  106th 
street,  and  lake  Michigan  on  the  east. 

1 2.  Poles  — control  of  council.]  § 2.  The  right  of  way 
for  that  purpose  is  hereby  granted  to  the  said  Western  Electric  Com- 
panv  through  and  across  the  streets,  alleys  and  public  grounds  of  said 
district  of  South  Chicago,  for  erecting  and  maintaining  the  necessary 
poles,  and  laving,  suspending  and  maintaining  the  necessary  wires  and 
other  appliances  for  the  transmission  of  electricity  in,  through,  under 
or  over  the  said  streets,  alleys  and  public  grounds  of  said  district: 


§46*] 


WESTERN  ELECTRIC  COMPANY. 


133 


Provided,  however,  that  all  necessary  poles  shall  be  erected  in  the 
alleys  of  said  district,  and  that  said  streets,  alleys  and  public  grounds 
shall  not  be  unnecessarily  obstructed  in  the  erection  and  maintenance 
of  said  poles,  or  the  suspending  and  maintenance  of  said  electric  con- 
ductors; and  provided  further,  that  this  ordinance  is  granted  upon  the 
express  understanding,  that  the  board  of  trustees  of  Hyde  Park  may 
at  any  time,  whenever  in  their  opinion  the  public  safety  requires,  direct 
any  change  in  respect  to  the  location  and  management  of  the  poles 
and  wires,  or  to  wholly  discontinue  the  existence  and  operation  of 
the  same. 

T 3.  Term  of  grant  — indemnity.]  § 3.  The  permission 
and  authority  hereby  granted  shall  continue  for  a period  of  twenty- 
five  years,  unless  sooner  terminated  by  the  board  of  trustees  of  the 
village  of  Hyde  Park  as  aforesaid,  and  in  consideration  of  said  grant 
the  said  Western  Electric  Company  agrees  to  indemnify  and  hold 
harmless  the  village  of  Hyde  Park  against  all  claims  for  damages  on 
account  of  the  setting  and  maintenance  of  poles,  and  stringing  wires, 
or  operating  and  managing  the  same,  and  the  acceptance  of  this  ordi- 
nance by  said  company  shall  constitute  a sufficient  guarantee  to  that 
effect. 

Note. — See  following  amendatory  ordinance. 

§ 46*.  Amendment. 

If  1.  Amending  section  2 of  preceding  ordinance. 

An  Ordinance  Amending  Section  2 of  an  Ordinance  Entitled,  “Ordinance 

Granting  Certain  Rights  to  the  Western  Electric  Company  in  South 

Chicago.”  (Passed,  approved  and  filed.  October  31,  1887.) 

® 1.  Amending  Section  2 of  Foregoing  Ordinance.]  Be 

it  ordained  by  the  president  and  board  of  trustees  of  the  village  of 
Hyde  Park:  § 1.  That  section  2 of  an  ordinance  entitled:  “‘Ordi- 

nance granting  certain  rights  to  the  Western  Electric  Company  in 
South  Chicago/’  be  and  the  same  is  hereby  amended  as  follows : 

§ 2.  The  right  of  way  for  that  purpose  is  hereby  granted  to  the 
said  Western  Electric  Company,  through  and  across  the  streets,  al- 
leys and  public  grounds  of  said  district  of  South  Chicago,  for  erecting 
and  maintaining  the  necessary  poles  and  laying,  suspending  and  main- 
taining the  necessary  wires  and  other  appliances  for  the  transmission 
of  electricity,  in,  through,  under  or  over  the  said  streets,  alleys  and 
public  grounds  of  said  district;  Provided,  that  all  necessary  poles  shall 
be  erected  under  the  supervision  of  the  superintendent  of  public  works 
and  that  said  streets,  alleys  and  public  grounds  shall  not  be  unneces- 
sarily obstructed  in  the  erection  and  maintenance  of  said  poles,  or  the 
suspending  and  maintenance  of  said  electric  conductors,  and  provided 
further,  that  this  ordinance  is  granted  upon  the  express  understand- 
ing that  the  board  of  trustees  of  Hyde  Park,  may,  at  any  time,  when- 
ever in  their  opinion  the  public  safety  requires,  direct  any  change  in 
respect  to  the  location  and  management  of  the  poles  and  wires  or  to 
wholly  discontinue  the  existence  and  operation  of  the  same. 


ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  47 

WESTERN  LIGHT  AND  POWER  COMPANY. 

47.  Western  Light  and  Power  company. 

If  1.  Grant. 

IT  2.  Poles — supervision  of. 

IT  3*  Charge  to  consumers, 
it  4.  Poles,  how  erected, 
it  5.  Restoration  of  streets, 
it  6.  Indemnity  clause, 
it  7*  Indemnifying  bond, 
it  8.  Charges, 
it  9.  Underground  wires, 
it  10.  Forfeiture, 
it  11.  When  in  force. 

An  Ordinance  to  Authorize  the  Western  Light  and  Power  Company 
to  Construct,  Maintain  and  Operate,  Along,  Under  or  Over  the  High- 
ways, Streets,  Alleys  or  Avenues  of  the  City  of  Lake  View,  Under 
Certain  Restrictions,  a Line  or  Lines  of  Poles,  Wires  and  Other 
Conductors,  for  the  Purpose  of  Transmitting  Electricity  for  Light, 
Heat,  Motive  Power  and  Other  Purposes.  (Passed  June  17,  1889.  Ac- 
cepted July  2,  1889.) 

IT  1*  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Lake  View:  § i.  The  Western  Light  and  Power  Company,  (a  cor- 

poration organized  under  and  by  virtue  of  the  laws  of  the  state  of  Il- 
linois, and  doing  business  in  the  cities  of  Lake  View  and  Chicago),  is 
hereby  authorized  to  erect  and  maintain  poles,  with  wires  stretched 
thereon;  or  to  lay,  operate  and  maintain  an  underground  system  of 
wires,  along,  under,  over  and  above  the  highways,  streets,  alleys,  ave- 
nues or  public  grounds;  under  the  sidewalks  where  permission  is  first 
obtained  of  the  city  of  Lake  View;  or  over  housetops,  where  permission 
is  first  obtained  from  the  owner;  together  with  all  necessary  feeders, 
service  wires  and  conductors,  to  be  used  for  the  purpose  of  transmit- 
ting electricity,  for  furnishing  light,  motive  power  and  heat,  and  for 
other  proper  purposes. 

1 2.  Poles  — supervision  of.]  § 2.  All  such  poles  and 
wires  shall  be  well  and  properly  constructed  to  the  satisfaction  of  the 
city  council  of  said  city,  or  such  agent  or  officer  of  department  thereof 
as  may  be  designated  by  ordinance  or  otherwise  to  perform  such 
duties;  that  when  an  underground  system  shall  be  used,  the  wires  and 
other  conductors  shall  be  well  and  properly  insulated,  and  that  in  con- 
structing said  underground  system  or  systems  no  excavations  shall 
exceed  in  width  the  space  of  two  feet  at  the  bottom,  except  by  special 
permission  of  the  commissioner  of  public  works  of  said  city. 

1 3.  Charge  to  consumers.]  § 3.  The  cost  and  charge  for 
furnishing  light  to  the  people  of  said  city  shall  not  exceed  the  follow- 
ing rates,  to-wit:  For  one  large  standard  arc  light  of  2,000  candle- 

power  from  sunset  until  midnight,  not  to  exceed  the  sum  of  fifty  cents 
per  night;  for  one  standard  arc  light  of  1,200  candle-power,  from  sun- 
set until  midnight,  not  to  exceed  the  sum  of  forty  cents  per  night;  for 


§47] 


WESTERN  LIGHT  AND  POWER  COMPANY. 


135 


each  incandescent  light  of  sixteen  candle-power,  not  to  exceed  the  sum 
of  one  (i)  cent  per  hour  per  light;  for  each  electrical  horse-power,  not 
to  exceed  the  sum  of  ten  dollars  ($10)  per  month;  and  for  heat,  the 
same  rate  per  candle-power  as  above  specified  for  incandescent  light- 
ing. 

T 4.  Poles  not  to  interfere  with  traffic  — moving  of 
houses.]  § 4.  When  such  line  or  lines  shall  not  be  constructed 
underground,  said  line  or  lines  shall  be  constructed,  maintained  or  op- 
erated with  the  least  practicable  obstruction  to  general  traffic  or  public 
use,  with  wire  stretched  upon  poles  as  far  from  each  other  as  may  be 
safe  or  convenient.  Said  poles  are  to  be  of  wood  or  of  iron,  neatly 
painted,  with  cross  arms;  in  diameter  not  exceeding  fifteen  inches  at 
the  base,  and  six  inches  at  the  top.  except  where  specially  authorized 
by  the  commissioner  of  public  works  of  said  city,  for  safety  or  other- 
wise; in  height  not  less  than  thirty-five  (35)  feet  unless  otherwise  per- 
mitted by  the  commissioner  of  public  works;  in  distance  apart  not 
nearer  than  one  hundred  and  fifty  (150)  feet,  unless  necessary  for  safety 
or  to  lessen  distance  at  intervals  or  at  corners.  Said  company  shall, 
upon  due  notice  given  them,  remove  or  raise  wires  to  allow  or  permit 
derricks,  buildings  or  other  apparatus,  to  be  transported  along  said 
street,  provided  due  notice  is  given  of  such  intention  in  time  to  permit 
such  removal  without  detriment  to  the  service  of  said  company,  or  the 
public  or  city. 

1 5.  Restoration  of  streets  — control  of  council.]  § 5. 

Said  company  shall  do  no  permanent  damage  to  any  highway,  street, 
alley,  public  place,  or  sidewalk,  or  shade  tree  or  trees,  or  in  any  man- 
ner unnecessarily  interfere  with  any  water,  sewer  or  gas  pipe,  telegraph 
or  other  electric  wires,  cables  or  pipes,  which  are  now,  or  may  here- 
after be  laid  by  the  city  of  Lake  View,  or  any  authorized  company  or 
corporation;  and  when  said  company  shall  open  ground  in  any  high- 
way, avenue,  street,  alley  or  public  place,  it  shall  forthwith  restore  the 
said  street,  highway,  avenue,  alley  or  public  place,  or  water,  gas  or 
sewer  pipe,  to  as  good  condition  as  before,  at  the  expense  of  said  com- 
pany and  to  the  satisfaction  of  the  commissioner  of  public  works  of 
said  city;  and  if  said  company  shall  refuse  or  fail  so  to  do,  the  same 
may  be  done  by  said  city,  and  the  said  company  shall  be  liable  for  the 
cost  thereof.  And  the  said  company  shall  not  make  any  excavation 
in  any  street,  highway,  avenue,  alley  or  public  grounds,  without  first 
procuring  a written  permit  for  the  purpose  from  the  commissioner  of 
public  works,  of  said  city,  which  permit  shall  specify  that  part  of  the 
street,  highway,  avenue,  or  public  place,  where  such  excavation  shall 
be  made.  When  any  excavation  shall  be  made  by  said  company  in  any 
highway,  street  or  alley  paved  with  wooden  blocks,  the  foundation 
boards  or  planks  shall  be  removed  without  being  cut,  unless  such  cut- 
ting shall  be  specially  permitted  by  the  commissioner  of  public  works 
of  said  city.  The  said  company  shall,  upon  written  notice  from  the 


13G 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  47 


commissioner  of  public  works  of  said  city,  forthwith  remove  or  change 
any  conductors  which  may  be  in  the  way  of,  or  interfere  with,  the  con- 
struction or  erection  of  any  viaduct,  public  building,  or  other  public 
structure  within  said  city. 

IF  6.  Indemnity  clause.]  § 6.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Lake  View  from  all  legal 
damages,  judgments,  decrees,  costs  and  expenses  of  the  same,  which 
may  suffer,  or  which  may  be  recovered  or  obtained  against  said  city 
for,  or  by  reason  of  the  granting  of,  or  resulting  from  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  herewith,  or  from  the 
exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  the  said  company,  its  servants  or  agents  under  or  by 
virtue  of  the  provisions  of  this  ordinance.  And  said  company  shall 
also  pay  all  damages  to  any  owner  or  owners  of  any  property  abutting 
on  or  adjacent  to  any  street,  highway,  alley  or  public  place  which  such 
owner  or  owners  may  sustain  by  reason  of  any  negligence  or  fault  on 
the  part  of  said  company,  its  agents  or  servants,  in  the  exercise  of  any 
of  the  privileges  granted  by  this  ordinance. 

IF  7.  Indemnity  bond.]  § 7.  This  ordinance  shall  not  take 
effect  until  the  Western  Light  and  Power  Company  shall  have  exe- 
cuted a bond  to  the  city  of  Lake  View  in  the  penal  sum  of  five  thousand 
dollars  ($5,000),  conditioned  to  indemnify  and  save  harmless  the  said 
city  of  Lake  View  of  and  from  all  damages  which  may  accrue,  or 
which  in  any  way  arise  or  grow  out  of  the  exercise  by  said  company 
of  the  privileges  herein  granted;  and  said  bond  shall  be  executed 
within  sixty  days  from  the  passage  of  this  ordinance  and  the  execution 
of  such  bond  and  its  delivery  to,  and  approval  by  the  mayor  of  said 
city  shall  thenceforth  authorize  said  Western  Light  and  Power  Com- 
pany to  exercise  all  and  singular  the  rights,  privileges  and  franchises 
herein  granted. 

IF  8.  Charge  for  street  lamps  and  to  city.]  § 8.  That  the 
Western  Light  and  Power  Company  shall  provide  incandescent  lamps 
to  the  said  city  of  Lake  View  for  street  lighting  at  the  rate  of  one-half 
(l/2)  cent  per  hour  for  each  lamp  of  sixteen  candle  power;  provided, 
however,  that  the  said  city  shall  cause  a contract  to  be  made  with  the 
said  Western  Light  and  Power  Company  to  furnish  current  for  not 
less  than  one  thousand  (1,000)  lamps  for  a term  of  not  less  than  three 
years.  And  said  company  shall  furnish  incandescent  lights  of  sixteen 
candle  power  at  such  times  and  in  such  quantities  as  the  city  may 
desire,  to  the  public  buildings  of  said  city,  situated  upon  or  near  its 
mains  or  wires  at  the  rate  of  one-half  (l/2)  cent  per  hour,  but  the  said 
company  shall  not  be  required  to  furnish  the  necessary  wires  or  con- 
ductors or  fixtures  from  the  outside  of  said  buildings  to  the  inside 
lamps.  The  Western  Light  and  Power  Company  shall  furnish  to  the 
citv  of  Lake  View  arc  lights  situate  upon  the  lines  of  its  wires,  or  near 


§ 48]  UNITED  TELEGRAPH  AND  TELEPHONE,  ETC. 


COMPANY. 


137 


the  same,  at  the  following  rates:  For  each  arc  light  of  2,000  candle- 
power  from  sunset  until  midnight,  one  hundred  and  forty  dollars 
($140.00)  per  year;  for  each  2,000  candle-power  arc  light  from  sunset 
until  daylight  the  sum  of  one  hundred  and  sixty  dollars  ($160.00)  per 
year;  for  each  1,200  candle-power  arc  light  from  sunset  until  mid- 
night, the  sum  of  one  hundred  dollars  ($100.00)  per  year;  and  for  each 
arc  light  of  1,200  candle-power  from  dark  until  daylight,  the  sum  of 
one  hundred  and  thirty  dollars  ($130.00)  per  year. 

1 9.  Underground  wires  when  — erection  of  plant.]  § 
9.  Said  company  shall  not  be  required  to  lay  their  wires  underground 
for  the  space  of  five  years  from  the  date  of  the  passage  of  this  or- 
dinance, and  at  the  expiration  of  that  time,  should  the  city  council  pass 
an  ordinance  requiring  said  company  to  lay  their  wires  underground, 
said  company  is  hereby  granted  a further  time  of  two  years  from  the 
passage  of  any  such  ordinance  for  making  or  completing  the  change. 

Said  company  [shall  construct]  its  works  and  provide  for  the 
furnishing  of  electric  light  and  power  in  accordance  with  the  provisions 
of  this  ordinance  within  one  year  from  the  date  of  the  acceptance  of 
this  ordinance  by  this  company;  and  said  company  shall  by  notice  in 
writing  delivered  to  the  mayor  or  city  clerk  of  said  city  of  Lake  View, 
signify  their  acceptance  of  the  terms  and  conditions  of  this  ordinance 
within  sixty  days  after  the  passage  of  this  ordinance. 

IT  10.  Rights  forfeited  when.]  § 10.  After  said  company 
shall  have  commenced  to  supply  and  transmit  electricity  under  the 
provisions  of  this  ordinance,  in  case  of  any  failure  thereafter  on  their 
part,  for  and  during  any  period  of  four  consecutive  weeks,  to  supply 
and  transmit  sufficient  electricity  for  furnishing  light,  motive  power 
and  heat,  and  for  other  proper  purposes,  as  contemplated  in  this  ordi- 
nance, and  in  case  of  any  other  failure  upon  the  part  of  said  company 
to  fulfill  all  and  singular  the  provisions  of  this  ordinance,  according 
to  the  terms  thereof,  all  the  rights  and  privileges  herein  granted  shall 
at  the  option  of  the  city  council  of  said  city  of  Lake  View  be  forfeited 
and  annulled. 

IT  11.  When  in  force.]  § 11.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 


UNITED  TELEGRAPH  AND  TELEPHONE  AND  ELEC- 
TRIC COMPANY. 

(Successors  to  Hyde  Park  District  Telegraph  and  Electric  company.) 

§ 48.  United  Telegraph  and  Telephone  and  Electric  Company. 

IT  i-  Grant. 

2.  Permits,  consent  of  owners. 


138 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


•^T  3.  Police  and  fire  alarms,  transmission. 
If  4.  Changes  subject  to  ordinances. 

IT  5.  Bond  of  indemnity,  renewal  of. 
if  6.  Acceptance — filing  of  bond. 


An  Ordinance  Granting  Authority  to  the  Hyde  Park  District  Tele- 
graph and  Electric  Company  to  Construct,  Operate  and  Maintain 
an  Electric  Signal  Service  Within  Certain  Territory.  (Passed  Jan- 
uary 29,  1889.  Accepted  February  5,  1889.) 


1"  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  the  Hyde  Park 

District  Telegraph  and  Electric  Company,  a corporation  of  the  state  of 
Illinois,  its  successors  or  assigns,  are  hereby  granted  the  right  and 
privilege  of  placing  such  wires  or  electric  conductors,  with  their  proper 
supports,  guards,  or  coverings,  above  or  under  ground  in  the  public 
streets  and  alleys  within  the  village  of  Hyde  Park  as  will  be  necessary 
for  the  successful  and  economical  operation  of  their  business  of  trans- 
mitting electrical  signals  or  messages,  orally  or  telegraphically,  and 
to  enable  them  to  reach  the  property  or  premises  of  their  patrons,  sub- 
ject to  the  provisions  hereinafter  contained. 

IT  2.  Permits  — consent  of  property  owners.]  § 2.  All 

wires  or  electric  conductors  and  the  supports  thereto  permitted  to  be 
erected  under  this  ordinance  shall  be  placed  under  the  general  super- 
vision of  the  superintendent  of  public  works  of  the  village  of  Hyde 
Park,  providing  that  in  all  cases  where  said  company  desire  to  make 
use  of  any  street  or  alley,  they  shall  first  obtain  permission  from  the 
board  of  trustees  of  the  village  of  Hyde  Park,  subject  to  the  consent 
of  a majority  of  the  property  owners  abutting  on  said  street  or  alley; 
said  consent  of  said  property  owners  must  be  in  writing  and  accom- 
pany said  petition,  providing  that  said  company  may  place  their  cir- 
cuits or  wires  wherever  ordered  by  the  board  of  trustees  of  the  village 
of  Hyde  Park,  for  public  benefit. 

1 3.  Police  and  fire  alarms,  transmission  of.]  § 3.  The 

Hyde  Park  District  Telegraph  and  Electric  Company,  hereby  agrees 
to  re-transmit,  without  extra  charge  therefor,  to  the  police  and 
fire  department  of  the  village  of  Hyde  Park,  police  and  fire 
alarms  received  by  them  from  their  subscribers.  Said  service  to  be 
governed  by  the  rules  and  regulations  of  said  department,  and  the 
facilities  and  opportunities  offered  and  allowed  to  said  company  by 
said  village. 

IT  4.  Charges — subject  to  ordinances.]  § 4.  The  said  Hyde 
Park  District  Telegraph  and  Electric  Company  shall  abide  by  and  be 
subject  to  all  general  ordinances  now  in  force,  or  which  may  hereafter 
be  adopted  by  the  village  board  of  trustees,  or  its  political  successors, 
regulating  the  putting  up  or  maintenance  of  electric  wires,  and  that 
the  charge  for  the  service  of  an  eleven-call  box  shall  not  exceed  the 
sum  of  fifteen  dollars  ($15.00)  per  each,  for  the  period  of  one  year. 


UNITED  TELEGRAPH  AND  TELEPHONE,  ETC.,  COMPANY.  139 


% 5.  Bond  of  indemnity,  renewal  of.]  § 5.  The  rights 

and  privileges  hereby  granted  are  granted  upon  the  express  condition 
that  the  said  Hyde  Park  District  Telegraph  and  Electric  Company  will 
enter  into  a bond  with  the  village  of  Hyde  Park,  to  be  approved  by  the 
president  and  board  of  trustees  of  said  village,  with  good  and  sufficient 
sureties  in  the  penal  sum  of  ten  thousand  dollars  ($10,000),  conditioned 
to  indemnify  and  save  harmless  said  village  against  and  from  any  and 
all  damages  or  claims  for  damages,  judgments,  decrees,  costs  and  ex- 
penses of  the  same,  which  said  village  of  Hyde  Park  may  suffer,  or 
which  may  be  recovered  or  obtained  against  said  village  for  or  by  rea- 
son of  the  granting  any  of  the  rights  and  privileges  in  this  ordinance 
contained,  or  for  or  by  reason  of  or  growing  out  of,  or  resulting  from 
the  passage  of  this  ordinance,  or  from  any  act  or  acts  of  the  said  com- 
pany under  or  by  virtue  of  the  authority  herein  granted,  or  the  failure, 
refusal  or  neglect  of  said  company  to  perform  each  and  every  of  the 
said  conditions  upon  which  this  ordinance  is  granted ; and  it  is  hereby 
further  provided  that  upon  the  recovery  of  any  such  final  judgment  or 
decree  against  said  village,  as  aforesaid,  said  company  shall  immedi- 
ately and  without  prior  payment  of  such  judgment  or  decree,  by  said 
village  be  liable  to  pay  and  shall  pay  the  amount  or  amounts  thereof 
to  said  village,  and  the  fact  that  said  village  may  not  have  paid  such 
judgment  or  decree  shall  constitute  no  defense  on  the  part  of  said 
company;  and  it  is  hereby  further  expressly  provided  that  in  case  of  the 
failure  on  the  part  of  the  said  Hyde  Park  District  Telegraph  and  Elec- 
tric Company  to  perform  any  of  the  conditions  or  provisions  of  this 
ordinance,  the  said  village  of  Hyde  Park  shall  not  be  limited  to  an 
action  upon  the  bond  of  the  company,  but  may  proceed  at  once  against 
the  said  company  in  any  suit  or  action  at  law,  or  in  equity  which  it 
may  deem  advisable  or  necessary.  And  it  is  hereby  further  provided 
that  the  said  Hyde  Park  District  Telegraph  and  Electric  Company, 
its  successors,  shall  renew  said  bond  and  the  sureties  thereon  when- 
ever and  as  often  as  the  village  of  Hyde  Park  may  desire  or  require. 

T 6.  Acceptance  — filing  of  bond.]  § 6.  The  said  company 
shall  signify  its  acceptance  of  this  grant  or  permission  upon  the  terms, 
conditions  and  restrictions  herein  provided,  by  filing  with  the  clerk  of 
the  village  of  Hyde  Park  a written  acceptance  thereof,  together  with 
the  bond  herein  provided  for,  and  together  with  a certificate  that  said 
company  is  duly  incorporated,  within  sixty  days  from  the  passage 
hereof,  or  this  ordinance  and  all  rights  thereunder  shall  be  forfeited. 

Note:  Bill  of  sale  Galpin,  receiver  to  McDonald,  recorded  August 
1, 1894.  B.  4952,  p.  316.  Bill  of  sale  McDonald  to  U.  T.  & T.  & E.  Co. 
Recorded  B.  4659,  p.  571. 


140 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  49 


CHARLES  YONDORF. 

§ 49.  Charles  Yondorff. 

IT  1.  Grant. 

IT  2.  Subject  to  ordinances. 

IT  3.  Permits — restoration  of  streets. 

IT  4-  Consumers — compensation  to  city. 

IT  5.  Acceptance  bond. 

If  6.  When  in  force. 

An  Ordinance  Authorizing  Charles  Yondorf  to  Maintain  and  Oper- 
ate Certain  Wires  in  Conduits  Within  Certain  Territory.  (Passed 

February  11,  1895.  Accepted  February  11,  1895.) 

1 1,  Grant — territory  prescribed.]  'Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

be  and  the  same  is  hereby  given  to  Charles  Yondorf  to  maintain  and 
operate  the  electric  wires  now  existing  in  the  conduits  running  from 
his  electric  light  plant  at  the  corner  of  Blue  Island  avenue  and  14th 
street,  to  forty-six  (46)  feet  east  of  Blue  Island  avenue,  thence  north  to 
thirty-eight  (38)  feet  north  of  14th  street,  thence  west  to  forty-six  (46) 
feet  west  of  Blue  Island  avenue,  and  thence  south  to  the  place  of  be- 
ginning, as  per  plat  hereto  attached  and  made  a part  hereof. 

T 2.  Subject  to  ordinances.]  § 2.  Said  electric  wires  shall 
be  operated  and  maintained  subject  to  all  the  ordinances  of  the  city  of 
Chicago  applicable  thereto. 

T 3.  Permits — restoration  of  streets.]  § 3.  It  shall  be  and  is 

hereby  made  the  duty  of  said  Charles  Yorndorf,  whenever  he  shall  be 
about  to  disturb  the  surface  of  any  street  or  alley  for  the  purpose  of 
repairing  or  relaying  said  wires,  to  obtain  a permit  therefor  from  the 
commissioner  of  public  works,  and  to  deposit  with  said  commissioner 
of  public  works  a sum  of  money  sufficient  to  pay  for  the  restoration  of 
said  street  to  as  good  condition  as  the  same  was  in  before  being  dis- 
turbed, which  said  sum  of  money  shall  be  returned  to  the  said  Charles 
Yondorf  by  the  said  commissioner  of  public  works  as  soon  as  said 
Charles  Yondorf  shall  have  restored  said  street  to  such  condition  to  the 
satisfaction  of  said  commissioner. 

1 4.  Consumers  — compensation  to  city  — term  of  grant  — 
charge  to.]  § 4.  The  rights  and  privileges  hereby  granted  shall 
expire  at  the  end  of  ten  (10)  years  from  and  after  the  passage  of  this 
ordinance.  The  said  Charles  Yondorf  shall  not  charge  any  private 
consumer  a sum  exceeding  three-quarters  of  a cent  per  hour  for  each 
sixteen-candle  power  light,  and  shall  not  charge  more  than  seven  and 
one-half  ($7.50)  dollars  per  month  for  each  arc  light  of  sixteen  hundred 
(1600)  candle  power,  and  shall  not  charge  more  than  forty  cents  per 
horse  power  per  day  for  all  power  furnished  by  him.  Said  Charles 
Yondorf  shall  on  the  first  (1st)  day  of  January  of  each  year  pay  into  the 
city  treasury  of  the  city  of  Chicago  five  (5%)  per  cent  of  the  gross  re- 


CHARLES  YONDORF. 


141 


§ 49] 

ceipts  from  all  light  and  power  furnished  by  him  during  the  next  pre- 
ceding year. 

1 5.  Acceptance  and  bond.]  § 5.  Said  Charles  Yondorf 
shall  not  be  entitled  to  any  of  the  rights  or  privileges  granted  by  this 
ordinance  until  he  shall  file  with  the  city  clerk  an  acceptance  thereof 
in  writing,  and  shall  also  file  a bond  in  the  sum  of  two  thousand  dollars 
($2000),  to  be  approved  by  the  mayor,  with  one  or  more  good  and  suffi- 
cient sureties,  conditioned  to  indemnify  and  save  harmless  the  city  of 
Chicago  from  any  and  all  expenses,  costs,  loss,  damages,  charges  or 
liabilities  in  any  way  arising  from  or  growing  out  of  the  provisions  of 
this  ordinance,  or  out  of  the  exercise  of  the  rights  and  privileges  hereby 
conferred  upon  said  Charles  Yondorf,  said  acceptance  and  bond  to  be 
filed  within  thirty  (30)  days  from  and  after  the  passage  of  this  ordi- 
nance. 

T 6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage,  and  upon  the  filing  of  said  ac- 
ceptance and  bond  as  hereinbefore  provided. 


CHAPTER  III.  GAS. 


§ 51.  Burdett  Loomis  Gas  and  Electric  company. 

§ 52.  Calumet  Gas  company. 

§ 53.  Chicago  Economic  Fuel  Gas  company. 

§ *53.  Extension  and  amendment. 

§ f53.  Another  ordinance. 

§ I53.  Resolution  declaring  a forfeiture. 

§ 54.  Chicago  Fuel  and  Light  company. 

§ 55.  Chicago  Gas  Light  and  Coke  company. 

§ 56.  Chicago  Municipal  Gas,  Fuel  and  Light  company. 

§ *56.  Repealed. 

§ 57.  Consumers’  Gas,  Fuel  and  Light  company. 

S58.  Consumers’  Gas,  Light  and  Fuel  company  of  Lake  View. 
59.  Economic  Electric  Light  and  Gas  company. 

*59.  Extension  of  time. 

§ 60.  Economic  Light  and  Heat  Gas  company. 

§ 61.  Equitable  Gas  Light  and  Fuel  company. 

§ 62.  Hyde  Park  Gas  company. 

§ *62.  Further  rights  granted. 

§ 63.  Hyde  Park  Light  and  Fuel  company. 

§ 64.  Metropolitan  Gas  company  of  Hyde  Park. 

§ *64.  Additional  rights  and  requirements. 

| f64.  Repealed. 

§ 65.  Mutual  Fuel  Gas  company. 

§ 66.  North  Western  Gas  Works. 

§ 67.  Ogden  Gas  company. 

§ 68.  Peoples’  Gas  Light  and  Coke  company. 

§ *68.  Peoples’  Gas  Light  and  Coke  company. 

§ f68.  Peoples’  Gas  Light  and  Coke  company. 

§ 69,  Suburban  Gas  company. 

§ 70.  Universal  Gas  company. 


BURDETT  LOOMIS  GAS  AND  ELECTRIC  LIGHT 
COMPANY. 

§ 51.  Burdett  Loomis  Gas  and  Electric  Light  company. 

1.  Permission  to  lay  its  gas  mains,  pipes,  feeders  and  service 

pipes  for  light,  heat  or  power,  as  designated. 

2.  Restoration  of  streets. 

3.  The  plant,  its  capacity ; price  of  gas  limited. 

4.  Location  of  the  plant. 

5.  Subject  to  all  general  ordinances. 

6.  Acceptance  to  be  made  and  filed  within  30  days. 

*i[  7.  In  force  from  and  after  its  passage.  Forfeiture  for  non-accept- 
ance thereof. 

An  Ordinance  Granting  Rights  to  the  Burdett  Loomis  Gas  and  Electric 
Light  Company.  (Passed  and  approved  April  4,  1887.  Accepted  April  25, 
1887.) 


142 


§ 5 l]  BURDETT  LOOMIS  GAS  AND  ELECTRIC  LIGHT  COMPANY.  143 

If  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § I.  That  permission  and  au- 

thority be  and  the  same  is  hereby  granted  to  the  Burdett  Loomis  Gas 
and  Electric  Light  Company,  a corporation  of  the  state  of  Illinois  in 
process  of  organization,*  to  lay  its  gas  mains,  pipes,  feeders  and  service 
pipes,  for  light,  heat,  or  power,  in  any  and  all  of  the  streets,  alleys, 
avenues,  highways,  parks,  squares  and  public  grounds  throughout  the 
village  of  Hyde  Park,  south  of  the  center  line  of  Sixtieth  (6oth)  street, 
and  north  of  the  center  line  of  Ninety-fifth  (95th)  street,  and  west  of 
Stony  Island  avenue,  south  of  Sixty-seventh  (67th)  street. 

1 2.  Restoration  of  streets.]  § 2.  Said  Burdett  Loomis  Gas 
and  Electric  Light  Company  when  it  shall  open  the  ground  to  lay  any 
pipes  (or  for  any  purpose  whatever)  shall  without  delay  restore  the 
ground,  streets,  pavements  and  sidewalks  to  a condition  as  good  as 
before  they  opened  them,  and  satisfactory  to  the  superintendent  of 
public  works,  or  such  other  persons  as  the  board  of  trustees  may  ap- 
point. 

1"  3.  Plant  — price  of  gas.]  § 3.  The  Burdett  Loomis  Gas 
and  Electric  Light  Company’s  works  shall  be  of  sufficient  capacity  to 
supply  said  territory,  and  shall  be  commenced  within  three  months  and 
light  furnished,  and  the  works  of  said  company  be  in  full  operation 
within  twelve  months  from  the  passage  of  this  ordinance,  and  no  more 
than  two  ($2)  dollars  per  thousand  cubic  feet  shall  be  charged  to  con- 
sumers of  gas ; provided,  however,  that  in  case  payment  shall  be  made 
by  such  consumer  on  or  before  the  twelfth  (12th)  day  next  after  the 
month  in  which  the  gas  shall  be  consumed,  a rebate  of  twenty-five  (25) 
cents  per  thousand  cubic  feet  shall  be  allowed  to  such  consumers. 

1 4.  Location  of  plant.]  § 4.  The  works  of  said  Burdett 
Loomis  Gas  and  Electric  Light  Company  shall  be  located  at  a point 
south  of  Sixty-seventh  (67th)  street. 

B!  5.  Subject  to  ordinances.]  § 5.  The  said  Burdett  Loomis 
Gas  and  Electric  Light  company,  its  successors  and  assigns,  shall  be 
subject  to  all  the  general  ordinances  of  the  village  of  Hyde  Park  in 
relation  to  gas  and  electric  light  companies  now  in  force,  or  which  shall 
hereafter  be  in  force  in  relation  to  the  government  of  gas  and  electric 
light  companies,  and  acceptance  of  this  ordinance  shall  be  deemed  as 
an  agreement  and  consent  of  and  by  said  company,  to  save  and  keep 
harmless  the  said  village  of  Hyde  Park  from  any  and  all  claims  for 
damages,  of  every  nature  and  kind,  growing  out  of  any  act  on  the 
part  of  said  company,  its  successors  or  assigns,  or  their  agents  or 
servants. 

1 6.  Acceptance.]  § 6.  The  rights  and  privileges  hereby 
granted  are  upon  the  express  condition  that  the  said  company  shall, 
before  the  expiration  of  thirty  days  from  the  date  of  the  passage  hereof, 


♦Plant  never  built. 


file  with  the  village  clerk  their  acceptance  in  writing  of  the  terms  and 
conditions  of  this  ordinance. 

1"  7.  In  force  from  and  after  passage.]  § 7.  This  ordi- 
nance shall  be  in  force  from  and  after  its  passage,  and  a failure  to  corn- 
play  with  the  terms  and  conditions  of  this  ordinance  shall  work  a for- 
feiture of  the  rights  and  privileges  hereby  granted. 


CALUMET  GAS  COMPANY. 

§ 52.  Calumet  Gas  company. 

1.  Grant. 

IT  2.  Restoration  of  streets. 

IT  3-  Capacity  of  plant — price  of  gas  limited. 

If  4.  Location. 

IT  5.  Limitations  and  conditions. 

IT  6.  Subject  to  ordinances. 

if  7-  la  force  from  and  after  its  passage. 

§ *52.  Amendment  extending  the  grant. 

An  Ordinance  Granting  Rights  to  the  Calumet  Gas  Company.  (Passed 

and  approved  November  9,  1885.) 

IT  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and  au- 

thority be  and  the  same  is  hereby  granted  to  the  Calumet  Gas  Com- 
pany, a corporation  of  the  state  of  Illinois,  to  lay  its  gas  mains,  pipes, 
feeders  and  service  pipes  in  any  and  all  the  streets,  alleys,  avenues,  high- 
ways, parks,  squares  and  public  grounds  throughout  the  village  of 
Hyde  Park,  south  of  the  center  line  of  Sixty-seventh  street,  upon  the 
following  conditions. 

1 2.  Restoration  of  streets.]  § 2.  Said  Calumet  Gas  Com- 
pany, when  it  shall  open  the  ground  to  lay  any  pipes,  or  for  any  pur- 
pose whatever,  shall  without  delay  restore  the  grounds,  streets,  pave- 
ments and  sidewalks  to  a condition  as  good  as  before  they  opened 
them,  and  satisfactory  to  the  superintendent  of  public  works,  or  such 
other  person  as  the  board  of  trustees  may  appoint. 

T 3.  Capacity  of  plant  — price  of  gas.]  § 3.  The  works  of 
said  Calumet  Gas  Company  shall  be  of  sufficient  capacity  to  supply 
said  territory,  and  shall  be  commenced  within  six  months,  and  gas  fur- 
nished within  eighteen  months  from  the  passage  of  this  ordinance,  and 
no  more  than  two  ($2.00)  dollars  per  thousand  cubic  feet  shall  be 
charged  to  consumers;  provided,  however,  that  in  case  payment  shall 
be  made  by  said  consumer  on  or  before  the  twelfth  day  next  after  the 


53] 


CHICAGO  ECONOMIC  FUEL  GAS  COMPANY. 


145 


month  in  which  the  gas  shall  be  consumed,  a rebate  of  twenty-five 
(25)  cents  per  thousand  cubic  feet  shall  be  allowed  to  such  consumer. 

% 4.  Location  of  plant.]  § 4.  The  works  of  said  Calumet 
Gas  Company  shall  be  located  at  a point  south  of  the  center  line  of 
Eighty-third  street. 

T 5.  Limitation  of  grant.]  § 5.  The  said  Calumet  Gas  Com- 
pany shall  not  have  any  privileges  or  rights  in  the  territory  bounded 
on  the  north  by  Ninety-fifth  street,  on  the  east  by  the  center  of  Stony 
Island  avenue,  and  on  the  south  by  the  south  line  of  Hyde  Park,  and 
on  the  west  by  the  west  line  of  Hyde  Park. 

1 6.  Subject  to  ordinances.]  § 6.  The  said  Calumet  Gas 
Company,  its  successors  and  assigns,  shall  be  subject  to  all  the  general 
ordinances  of  the  village  of  Hyde  Park  in  relation  to  gas  companies, 
now  in  force,  and  which  shall  hereafter  be  in  force  in  relation  to  the 
government  of  gas  companies,  and  shall  save  and  keep  harmless  the 
said  village  of  and  from  all  claims  for  damages  growing  out  of  any  act 
on  the  part  of  said  company,  its  successors  or  assigns,  or  their  agents 
or  servants. 

If  7.  When  in  force.]  § 7.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  amendatory  ordinance. 

An  Ordinance  Amending  an  Ordinance  Granting  Rights  to  the  Calumet 

Gas  Company.  (Passed,  approved  and  filed  November  17,  1887.  Accepted 

November  18,  1887.) 

T 8.  Amending  section  1 of  the  foregoing  ordinance.] 

Be  it  ordained  by  the  president  and  board  of  trustees  of  the  village  of 
Hyde  Park : That  section  1 of  an  ordinance  granting  rights  and  priv- 

ileges to  the  Calumet  Gas  Company,  passed  November  9,  1885,  be  and 
the  same  is  hereby  amended  to  read  as  follows : 

That  permission  and  authority  be  and  the  same  is  hereby  granted 
to  the  Calumet  Gas  Company,  a corporation  of  the  state  of  Illinois,  to 
lay  its  gas  mains,  pipes,  feeders  and  service-pipes,  in  any  and  all  the 
streets,  alleys,  avenues,  highways,  parks,  squares  and  public  grounds 
throughout  the  village  of  Hyde  Park. 


CHICAGO  ECONOMIC  FUEL  GAS  COMPANY. 

§ 53.  Chicago  Economic  Fuel  Gas  company. 

§ *53.  Extension  and  amendment. 

§ f53.  Another  ordinance. 

§ J53.  Resolution  declaring  a forfeiture. 


146 


GAS. 


[§  53 


If  i-  Grant. 

If  2.  Pipes,  how  to  be  laid — charges  for  connections. 

3.  Restoration  of  streets. 

IT  4-  Incumbering  streets — barriers  and  lights  to  be’furnished. 

if  5.  Damages — liability  for. 

if  6.  Subject  to  ordinances. 

if  7.  Conditions — charges  to  consumers. 

if  8.  Pipes,  how  to  be  laid. 

ir  9.  Compensation  to  the  city. 

if  10.  Time  of  completion,  specified. 

if  11.  Bond  of  indemnity. 

if  12.  When  in  force. 

iT  13.  Terms  of  the  grant — right  of  purchase. 

An  Ordinance  Granting  Authority  to  the  Chicago  Economic  Fuel 
Gas  Company  to  Construct  and  Operate  Works  for  the  Manufacture 
of  Fuel  Gas  in  the  City  of  Chicago.  (Passed  December  22.  1890. 

Accepted  January  19,  1891.) 

if  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § I.  Subject  to  the  terms  and  conditions  of  this  ordinance 
there  is  hereby  granted  to  the  Chicago  Economic  Fuel  Gas  Company, 
its  successors  and  assigns,  the  right  to  construct  and  operate  works  for 
the  manufacture  of  fuel  gas,  only,  within  the  city  of  Chicago ; also  with 
the  right  of  way  along,  upon  and  under  all  the  avenues,  streets,  alleys 
and  public  places  in  said  city  for  the  purpose  of  placing,  operating,  re- 
pairing and  maintaining  a line  or  lines  of  gas  mains  and  pipes  and  all 
necessary  feeders  and  service  pipes  in  connection  therewith,  for  the 
distribution  of  natural  and  manufactured  fuel  gas  exclusively.  Said 
gases  shall,  at  all  times,  be  of  the  best  quality  and  highest  efficiency 
respectively  for  the  purposes.  Provided,  however,  that  the  successors 
and  assigns  referred  to  in  this  section,  or  elsewhere  in  this  ordinance, 
shall  not  be  construed  to  include  any  other  gas  company,  trust  or  cor- 
poration, as  provided  in  section  twelve  (12)  of  this  ordinance. 

T 2.  Pipes,  how  laid  — charges  for  connections.]  § 2. 
Such  company  or  corporation  shall  not  lay  its  main  pipes  in  any  such 
avenue,  street,  alley  or  public  place  of  said  city,  unless  it  shall  at  the 
time  lay  down  all  feeders  or  service  pipes  necessary  to  make  connec- 
tion without  any  subsequent  disturbance  of  the  pavement  or  surface  of 
such  avenue,  street  or  public  place  with  each  and  all  building  lots 
fronting  or  abutting  thereon,  and  all  service  pipes  or  feeders  laid  by 
said  company  shall  be  coated  with  Dr.  Angus  Smith’s  composition,  or 
some  other  equally  good  material  for  preserving  said  service  pipes  or 
feeders  from  decay.  Provided,  that  the  main  or  distributing  pipes  shall 
be  laid  on  such  portion  of  the  public  highway  as  the  commissioner  of 
public  works  may  direct,  and  at  all  intersecting  streets  which  are  im- 
proved the  main  or  distributing  pipes  shall  be  laid  at  right  angles 
thereto  and  extend  at  least  to  the  building  line,  and  all  feeders  or  ser- 
vice pipes  shall  be  laid  to  the  curb  line  of  the  street.  Said  company  or 
corporation  shall  not  charge  any  person  desiring  to  make  a connection 
with  any  service  pipe  laid  or  to  be  laid  by  such  company  or  corporation 


§53] 


CHICAGO  ECONOMIC  FUEL  GAS  COMPANY. 


147 


more  than  twenty-five  cents  a lineal  foot  for  such  service  pipe  when 
laid.  Said  company  shall,  when  so  ordered  by  a majority  vote  of  all 
the  aldermen  elected,  extend  their  mains  and  supply  pipes  on  any 
street,  avenue  or  other  public  highway  contiguous  to  the  pipes  of  said 
company  at  the  time  in  use  or  operation.  Provided,  such  extension 
shall  cover  territory  one-half  of  which  is  improved  by  buildings. 

% 3.  Restoration  of  streets.]  § 3.  That  said  company  or 
corporation  shall  do  no  permanent  injury  to  any  street,  sidewalk,  alley, 
avenue  or  public  place,  or  shade  tree,  or  in  any  manner  unnecessarily 
disturb  or  interfere  with  any  water  pipe,  sewer,  gas  pipe,  conduit  or 
other  underground  work  now  or  hereafter  laid  by  said  city,  or  any 
authorized  company  or  corporation,  and  when  such  company  shall 
open  ground  in  any  street  it  shall  forthwith  restore  the  street,  pave- 
ment, sidewalk  or  ground  or  water  pipe,  sewer,  gas  pipe,  conduit  or 
other  underground  work,  to  a condition  equally  as  good  as  before,  at 
the  expense  of  said  company,  and,  if  said  company  shall  fail  or  refuse 
so  to  do,  the  same  may  be  done  by  said  city  and  the  said  company  shall 
be  liable  for  and  pay  the  cost  thereof.  Said  company  shall  not  make 
any  excavation  in  any  street,  avenue,  alley  or  public  place  without  first 
procuring  a permit  for  that  purpose  from  the  commissioner  of  public 
works  of  said  city.  When  any  excavation  shall  be  made  by  said  com- 
pany in  any  street,  alley  or  public  place  paved  with  wooden  blocks,  the 
foundation  boards  or  planks  shall  be  removed  without  being  cut,  un- 
less said  cutting  shall  be  specially  permitted  by  the  commissioner  of 
public  works  of  such  city.  The  said  company  shall  not  use  the  public 
fire  hydrants  of  said  city,  or  any  water  therefrom,  without  paying  for 
same,  under  a license  and  permit  from  the  commissioner  of  public 
works  of  said  city.  The  said  company  shall,  upon  notice  from  the 
commissioner  of  public  works  of  said  city,  remove  or  change  any  gas 
main  pipe,  service  pipe  or  feeder  which  may  be  in  the  way  or  interfere 
with  the  construction  or  erection  of  any  viaducts,  public  building  or 
other  public  structure,  and  whenever  said  city  shall  construct  or  form 
into  a general  subway  any  street,  avenue,  alley  or  other  public  highway, 
on  or  through  which  any  pipe  or  pipes  authorized  by  this  ordinance 
may  be  located,  said  company,  upon  due  notice  from  proper  city  au- 
thorities, shall  occupy  said  subway  and  place  and  maintain  its  pipes  and 
appurtenances  therein  at  its  own  cost  and  expense. 

1 4.  Incumbering  streets— signal  lights.]  § 4-  Such  com- 
pany or  corporation  shall  not  open  or  encumber  more  of  any  street, 
avenue,  alley  or  public  place  at  any  one  time  than  may  be  necessary  to 
enable  it  to  proceed  with  advantage  in  the  laying  of  such  main  pipes, 
feeder  or  service  pipes,  nor  shall  said  company  permit  any  such  street, 
avenue,  alley  or  public  place  to  remain  open  or  encumbered  for  a 
longer  period  than  shall  be  necessary  to  execute  the  work  for  which 
the  same  shall  have  been  opened,  or  without  putting  up  the  necessary 
barriers  and  lights  so  as  to  effectually  prevent  the  happening  of  any 


148 


GAS. 


[§  53 


accident  in  consequence  of  such  opening  or  encumbering  of  such  street, 
alley,  avenue  or  public  grounds,  nor  shall  any  two  next  parallel  streets 
be  excavated  at  the  same  time. 

IT  5.  Liability  for  damages.]  § 5.  Such  company  or  corpora- 
tion shall  be  liable  to  and  shall  compensate  the  city  of  Chicago,  and  pay 
any  private  individual,  owner  or  owners,  or  parties  interested  in  any 
property  adjacent  to  any  street,  avenue,  alley  or  public  place  opened  or 
injured  by  it,  for  all  damages  which  may  result  from  leaks  of  pipes,  or 
by  reason  of  such  company  having  neglectfully  opened,  encumbered, 
protected  or  guarded  any  such  street,  avenue,  alley  or  public  place  in 
said  city:  Provided,  said  company  shall,  in  the  exercise  of  the  rights 
and  privileges  hereby  granted,  be  subject  to  all  laws  and  ordinances 
relating  to  nuisances. 

T 6.  Subject  to  ordinances— meter  inspection.]  § 6.  Such 
company  or  corporation  shall  be  subject  to  all  general  ordinances  of 
the  city  of  Chicago  in  regard  to  gas  companies,  and  the  city  of  Chi- 
cago shall  have  the  right,  at  any  time,  to  provide  for  the  appointment 
of  one  or  more  inspectors  of  gas,  with  all  the  power  and  authority  in- 
cident to  such  position  and  which  the  said  city  may  deem  necessary  to 
protect  the  city  of  Chicago,  in  its  corporate  rights,  and  individual  con- 
sumers of  gas.  All  meters  used  by  said  company  for  measuring  gas 
shall  be  subject  to  inspection  and  approval  by  such  person  or  persons, 
officer  or  officers,  as  may  be  appointed  by  said  city  for  that  purpose, 
and  said  company  shall  pay  all  reasonable  costs  and  charges  of  such 
inspection,  as  the  same  may  be  fixed  by  the  city  council  of  said  city, 
and  said  company  shall  pay  the  reasonable  cost  of  all  necessary  city  in- 
spectors of  the  work  of  construction. 

T 7.  Conditions— charges  to  consumers.]  § 7.  The  rights 

and  privileges  hereby  granted  are  upon  the  express  condition  that  no 
gas  flowing  through  any  main  pipe,  feeder  or  service  pipe  laid,  con- 
trolled or  operated  by  said  company,  or  by  its  authority,  shall  be 
charged  for  at  a rate  not  to  exceed  sixty  (60)  cents  per  one  thousand 
(1,000)  cubic  feet  for  natural  gas,  nor  to  exceed  fifty  (50)  cents  per  one 
thousand  (1,000)  cubic  feet  for  manufactured  fuel  gas,  with  a rebate 
of  ten  (10)  cents  per  thousand  (1,000)  cubic  feet  on  said  above  prices  in 
case  of  payment  before  the  12th  day  of  the  month  next  succeeding  that 
in  which  such  gas  is  furnished,  and  to  attempt  to  collect  a greater  rate 
than  that  herein  specified  shall  work  a forfeiture  of  the  rights  and  priv- 
ileges hereby  granted. 

IT  8.  Pipes,  how  laid.]  § 8.  The  laying  of  the  pipes  herein 
authorized  shall  be  under  the  supervision  and  direction  of  the  commis- 
sioner of  public  works,  and  where  said  company  shall  apply  to  the  com- 
missioner of  public  works  for  permission  to  lay  its  pipes  on  any  given 
street  in  order  to  reach  any  specified  point  on  such  street,  and  there 
shall  be  an  alley  parallel  with  said  street  and  within  three  hundred  feet 


CHICAGO  ECONOMIC  FUEL  GAS  COMPANY. 


149 


53] 


of  the  same,  the  commissioner  of  public  works  shall  order  such  pipe 
or  pipes  to  be  laid  in  such  alley,  instead  of  such  street,  and  the  use  of 
such  alley  shall  be  subject  to  all  the  conditions  provided  herein  for 
streets. 

T 9.  Compensation  to  city.]  § 9.  Said  company  shall  pay 
annually  to  the  city  of  Chicago,  for  and  in  consideration  of  the  rights 
and  privileges  hereby  granted,  an  amount  equal  to  five  (5)  per  cent  of 
the  gross  revenue  or  receipts  of  said  company.  Such  payment  shall  be 
made  in  the  manner  following:  At  the  expiration  of  one  year  from  the 

time  when  said  company  shall  commence  to  distribute  gas  to  consum- 
ers in  the  city  of  Chicago  the  president  or  other  chief  officer  of  the 
company  shall  file  with  the  city  comptroller  a statement  verified  under 
oath,  showing  the  amount  of  the  gross  annual  revenue  or  receipts  of 
said  company  for  the  preceding  year  and  shall,  at  the  same  time,  pay  to 
said  comptroller  the  said  amount  of  five  (5)  per  cent,  on  the  annual 
gross  revenue  receipts.  Said  payment  to  be  made,  as  herein  pre- 
scribed, annually  during  the  term  of  this  ordinance. 

10.  Time  of  completion.]  § 10.  This  ordinance  is  granted 
upon  the  express  condition  that  said  company  shall,  within  two  years 
from  the  date  of  the  acceptance  of  this  ordinance,  have  laid,  and  in  op- 
eration and  ready  for  supplying  consumers,  at  least  twelve  (12)  miles 
of  its  main  pipes  within  the  limits  of  the  city  of  Chicago,  and  unless  it 
shall  so  have  constructed  and  laid  the  number  of  miles  of  distribution 
pipes  herein  referred  to,  then  and  under  these  conditions  this  ordinance 
shall  be  and  become  void  and  of  no  effect:  Provided,  however,  that 

the  time  during  which  any  legal  proceedings  shall  be  pending,  whereby 
the  said  company,  its  successors  and  assigns,  shall  be  prevented  from 
or  delayed  in  complying  with  the  requirements  of  this  section,  shall  not 
be  taken  or  deemed  any  part  of  the  time  specified : Provided,  further, 
however,  that  the  city  of  Chicago  may  intervene  in  any  suit  and  move 
for  its  dismissal,  in  the  name  of  said  company,  in  case  such  suit  may 
be  deemed  by  the  city  as  collusive,  or  for  the  purposes  of  delay  or  ex- 
tension of  the  time  herein  specified. 

IT  11.  Bond  of  indemnity.]  § 11.  Said  company  shall  file 
with  the  city  clerk  a good  and  sufficient  bond,  to  be  approved  by  the 
mayor,  in  the  penal  sum  of  one  hundred  thousand  dollars  ($100,000), 
conditioned  that  such  company,  its  successors  or  assigns,  shall  comply 
with  all  the  terms  and  conditions  of  this  ordinance  and  shall  indemnify 
and  save  harmless  the  city  of  Chicago  against  and  from  any  and  all 
damages,  judgments,  decrees  and  costs  of  whatsoever  kind  or  nature, 
by  reason  of  the  passage  of  this  ordinance  and  the  exercise  of  any  of 
the  rights  and  privileges  hereby  or  herein  granted. 

IT  12.  When  in  force  — combinations.]  § 12.  This  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
the  filing  and  approval  of  the  bond  herein  required  and  the  acceptance 


150 


GAS. 


[§  *53 


thereof  by  said  company:  Provided,  that  if  said  approved  bond  and 

acceptance  be  not  filed  within  thirty  days  of  the  passage  hereof,  this 
ordinance  shall  be  void  and  of  no  effect;  and,  provided  still  further, 
that  if  said  company  shall  at  any  time  enter  into  any  combination,  di- 
rectly or  indirectly,  with  any  gas  company  or  companies,  concerning 
the  rates  or  prices  to  be  charged  for  gas,  or  if  said  company  shall,  di- 
rectly or  indirectly,  sell,  lease  or  transfer  its  plant,  property  rights  and 
privileges  as  herein  authorized  to  any  other  gas  company,  trust  or  cor- 
poration now  or  hereafter  engaged  in  the  manufacture  and  sale  of  gas 
within  the  city  of  Chicago,  or  if  said  company,  having  commenced  to 
manufacture  gas,  or  furnish  natural  gas,  shall  cease  for  a period  of 
more  than  ten  (io)  consecutive  days,  unless  by  reason  of  unavoidable 
accident,  or  injunction,  to  furnish  gas  through  their  pipes,  or  if  said 
company  shall  fail  or  refuse  to  extend  its  distribution  pipes,  as  re- 
quired by  this  ordinance,  the  rights  and  privileges  hereby  granted 
shall  cease  and  be  of  no  more  force  and  effect. 

1 13.  Term  of  grant  — right  of  city  to  purchase.]  § 13. 
The  rights  and  privileges  granted  by  this  ordinance  shall  be  granted 
for  the  term  of  twenty-five  (25)  years  from  and  after  its  acceptance,  and 
all  rights  hereunder  shall  cease  after  the  expiration  of  such  term.  The 
permission  and  authority  hereby  granted  are  upo*i  the  express  terms 
and  conditions  that  at  the  end  of  twenty  (20)  years  after  the  passage 
of  this  ordinance  the  city  of  Chicago  shall  have  the  right  to  purchase 
the  entire  plant  of  said  company  and  all  of  its  property  and  effects,  of 
every  kind  and  description,  within  said  city  of  Chicago,  at  an  appraised 
value,  which  shall  be  ascertained  and  determined  by  three  competent 
appraisers,  who  shall  have  free  access  to  all  the  books,  papers  and 
other  data  bearing  upon  the  subject.  Said  appraised  value  shall  not 
include  the  value  of  any  rights,  privileges  and  franchises  granted  by  the 
city.  One  of  said  appraisers  shall  be  appointed  by  the  mayor  of  the 
city  of  Chicago,  one  by  said  company,  and  one  by  the  two  so  selected, 
and  if  they  cannot  agree  upon  the  third  appraiser,  then  any  one  of  the 
chancellors  of  the  circuit  court  of  Cook  county  may  appoint  him.  The 
said  appraisers  shall  make  report  of  the  value  of  said  property,  within 
six  (6)  months  after  their  appointment,  to  the  mayor  and  city  council, 
and  said  mayor  and  city  council  shall  have  the  option,  at  any  time 
within  six  (6)  months  after  receipt  of  said  report,  to  purchase  said 
plant  and  property,  together  with  all  its  appurtenances  and  equipments, 
at  the  appraised  value. 

Note. — See  following  amendatory  ordinances  and  also  resolution. 

§ *53.  Extension  and  amendment. 

TT  1.  Amendments  specified : (i)  to  Section  i;  (2)  to  Section  3;  and 

(3)  to  Section  13,  of  preceding  ordinance. 

2.  In  force  from  and  after  its  passage. 

An  Ordinance  Amending  an  Ordinance  Granting  Authority  to  the 

Chicago  Economic  Fuel  Gas  Company  to  Construct  and  Operate  Works 


S tS3] 


CHICAGO  ECONOMIC  FUEL  GAS  COMPANY. 


151 


for  the  Manufacture  of  Gas.  (Passed  December  29,  1890.  Accepted 
January  19,  1891.) 

If  1.  Amending  section  2 of  foregoing  ordinance.]^  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the  ordi- 

nance passed  by  the  city  council  of  the  city  of  Chicago,  on  the  22nd 
day  of  December,  1890,  granting  unto  the  Chicago  Economic  Fuel 
Gas  Company  the  right  to  construct  and  operate  works  for  the  manu- 
facture and  distribution  of  fuel  gas,  within  the  limits  of  said  city,  be 
and  the  same  is  hereby  amended,  as  follows:  By  striking  out  the  last 
paragraph  in  section  2,  which  reads  as  follows:  “Said  company  shall, 

when  so  ordered  by  a majority  vote  of  all  the  aldermen  elected,  extend 
their  mains  and  supply  pipes  on  any  street, , avenue  or  other  public 
highway  contiguous  to  the  pipes  of  said  company  at  the  time  in  use 
or  operation;  Provided,  such  extension  shall  cover  territory  one-half 
of  which  is  improved  by  buildings.” 

Amending  section  3.]  Also,  by  adding  to  section  3,  the  fol- 
lowing: “And  it  shall  be  the  duty  of  said  commissioner  of  public 

works  to  issue  all  permits  asked  for  under  this  ordinance,  without  any 
delay  and  in  accordance  with  the  terms  thereof.” 

Amending  section  13.]  Also  by  striking  out  all  after  the  first 
paragraph  in  section  13,  so  that  said  section  13  shall  read  as  follows: 
“Section  13.  The  rights  and  privileges  granted  by  this  ordinance  shall 
be  granted  for  the  term  of  twenty-five  (25)  years  from  and  after  its 
acceptance,  and  all  rights  hereunder  shall  cease  after  the  expiration  of 
such  time.” 

IT  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ f 53.  Chicago  Economic  Fuel  Gas  company. 

If  1.  A second  amendatory  ordinance. 

Tf  2.  In  force  from  its  passage. 

If  1.  An  Ordinance  Amending  an  Ordinance  Granting  to  the  Chicago 
Economic  Fuel  Gas  Company  the  Right  to  Construct  and  Operate 
Works  for  the  Manufacture  of  Fuel  Gas  Within  the  City  of  Chicago. 
(Passed  July  13,  1891.)  . ' _ |j 

1 1.  Amending  ordinance  of  December  22, 1890.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the  or- 

dinance passed  by  the  city  council  on  the  22d  day  of  December,  1890, 
granting  unto  the  Chicago  Economic  Fuel  Gas  Company  the  right  to 
construct  and  operate  works  for  the  manufacture  and  distribution  of 
fuel  gas  within  the  city  of  Chicago,  be  and  the  same  is  hereby  amended, 
as  follows : 

Amending  section  1.]  Section  1 of  said  ordinance  is  hereby 
amended,  so  as  to  read  as  follows:  “Section  1.  Subject  to  the  terms 

and  conditions  of  said  ordinance,  there  is  hereby  granted  to  the  Chi- 
cago Economic  Fuel  Gas  Company,  its  successors  and  assigns,  the 
right  to  construct  and  operate  works  for  the  manufacture  of  illuminat- 


GAS. 


[§  t53 


152 

ing  and  fuel  gas  within  the  city  of  Chicago;  also,  with  the  right  of  way 
along,  upon  and  under  all  the  avenues,  streets,  alleys  and  public  places 
in  said  city,  for  the  purpose  of  placing,  operating,  repairing  and  main- 
taining a line  or  lines  of  gas  mains  and  pipes,  and  all  necessary  feeders 
and  service  pipes  in  connection  therewith,  for  the  distribution  of  illu- 
minating gas  and  natural  and  manufactured  fuel  gas.  Said  gases  shall 
at  all  times  be  of  the  best  quality  and  highest  efficiency  for  the  pur- 
poses: Provided,  however,  that  the  successors  and  assigns  referred  to 
in  this  section  or  elsewhere  in  this  ordinance,  shall  not  be  construed  to 
include  any  other  gas  company,  trust  or  corporation,  as  provided  in 
section  12  of  this  ordinance.” 

Amending  section  7.]  Also,  by  amending  section  7 of  said 
ordinance  of  December  22,  1890,  so  that  said  section  7 shall  read  as 
follows:  “Section  7.  The  rights  and  privileges  hereby  granted  are 

upon  the  express  condition  that  the  price  to  be  charged  for  the  several 
kinds  of  gas  shall  not  be  in  excess  of  the  following  rates:  For  illumin- 
ating gas  the  charge  shall  not  exceed  one  dollar  and  ten  cents  ($1.10) 
per  one  thousand  (1,000)  cubic  feet;  for  natural  gas  the  charge  shall  not 
exceed  sixty  cents  (.60)  per  one  thousand  (1,000)  cubic  feet,  and  for 
manufactured  fuel  gas  the  charge  shall  not  exceed  fifty  cents  (.50)  per 
one  thousand  (1,000)  cubic  feet,  with  a rebate  of  ten  cents  (.10)  per  one 
thousand  (1,000)  cubic  feet  on  said  above  prices  for  illuminating,  nat- 
ural and  fuel  gas,  in  case  of  payment  before  the  twelfth  day  of  the 
month  next  succeeding  that  in  which  said  gas  is  furnished;  and  to  at- 
tempt to  collect  a greater  rate  than  that  herein  specified  shall  work  a 
forfeiture  of  the  rights  and  privileges  hereby  granted.  Said  company 
shall  commence  work  within  six  months  from  the  passage  thereof,  or 
this  ordinance  shall  be  null  and  void.” 

Amending  section  9.]  Also,  by  amending  section  9 of  said 
ordinance,  so  that  said  section  9 shall  read  as  follows:  “Section  9. 

Said  company  shall  pay  annually  to  the  city  of  Chicago,  for  and  in  con- 
sideration of  the  rights  and  privileges  hereby  granted,  an  amount  equal 
to  three  (3)  per  cent,  of  the  gross  revenue  or  receipts  of  said  company 
from  the  sale  of  illuminating  gas,  and  five  (5)  per  cent,  on  the  gross 
revenue  or  receipts  of  the  said  company  from  the  sale  of  the  natural 
gas  or  manufactured  fuel  gas.  Such  payments  shall  be  made  in  the 
manner  following:  At  the  expiration  of  one  year  from  the  time  when 

said  company  shall  commence  to  distribute  either  illuminating  gas  or 
fuel  gas  to  consumers  in  the  city  of  Chicago,  the  president  or  other 
chief  officer  of  the  company  shall  file  with  the  city  comptroller  a state- 
ment, under  oath,  showing  the  amount  of  the  gross  annual  revenue  or 
receipts  of  said  company  for  the  preceding  year  and  shall,  at  the  same 
time,  pay  to  said  comptroller  the  said  amount  of  3 per  cent  on  the  an- 
nual gross  revenue  or  receipts  from  the  sale  of  illuminating  gas,  and 
5 per  cent  on  the  annual  gross  revenue  or  receipts  from  the  sale  of 
natural  or  fuel  gas.  Said  respective  payments  to  be  made  as  herein 


§ $53] 


CHICAGO  ECONOMIC  FUEL  GAS  COMPANY. 


153 


prescribed,  annually,  during  the  term  of  this  ordinance.  And,  in  addi- 
tion to  said  payments,  said  company  shall,  by  the  said  city  of  Chicago, 
furnish  to  said  city  illuminating  gas  at  the  rate  of  not  to  exceed  seven- 
teen dollars  and  fifty  cents  ($17., 50)  per  lamp  per  annum  during  the 
term  of  this  ordinance.” 

Amending  section  10.]  Also,  by  striking  out  the  word  “two,” 
occurring  in  the  third  line  of  section  10  of  said  ordinance,  and  insert- 
ing in  lieu  thereof  the  word  “three.” 

1"  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ J53.  Chicago  Economic  Fuel  Gas  Company. 

A Resolution  Declaring  the  Rights  and  Privilegcs  Granted  to  the  Chicago 

Economic  Fuel  Gas  Company  by  Certain  Ordinances  to  Be  Forfeited 

and  of  no  Further  Force  or  Effect.  (Passed  February  29,  1892.) 

®[  1.  Preamble.]  Whereas,  it  appears,  by  the  reports  in  the  pub- 
lic press  and  by  the  admissions  therein  published  of  the  promoters 
and  managers  of  the  Chicago  Economic  Fuel  Gas  company  and  of 
officers  or  managers  of  the  Chicago  Gas  trust,  that  the  majority  of 
the  capital  stock  of  the  Chicago  Economic  Fuel  Gas  company  or 
the  control  thereof  has  been  sold  and  has  passed  into  the  hand  of 
the  Chicago  Gas  trust,  or  of  its  managers  or  principal  certificate 
holders,  and  that  this  has  been  carried  through  in  order  to  remove 
and  prevent  competition  between  said  Economic  company  and  said 
Gas  trust,  or  any  competition  in  supplying  gas  to  the  citizens  of  the 
city  of  Chicago;  and,  whereas,  by  the  ordinance  of  this  council, 
passed  on  the  2 2d  day  of  December,  A.  D.  1890,  and  by  the 
amended  ordinance  passed  July  13,  1891,  permission  was  granted 
to  said  Chicago  Economic  Fuel  Gas  company  to  construct,  main- 
tain and  operate  gas  works,  and  also  gas  mains  and  pipes  under  the 
avenues,  streets,  alleys  and  public  places  of  the  city  of  Chicago ; 
but  upon  the  condition,  however,  that  if  said  company  should  at 
any  time  enter  into  any  combination,  directly  or  indirectlv,  with 
any  gas  company  or  companies,  concerning  the  rates  or  prices  to 
be  charged  for  gas,  or  if  said  company  shall  directly  or  indirectly, 
sell,  lease  or  transfer  its  plant,  property,  rights  and  privileges,  as 
therein  authorized,  to  any  other  gas  company,  trust  or  corporation, 
the  rights  and  privileges  granted  by  said  ordinance  should  cease 
and  be  of  no  more  force  or  effect;  and,  whereas,  it  has  been  held 
that  the  action  of  stockholders  of  a corporation  in  thus  transferring 
the  stock  thereof  to  a pool  or  combination  is  so  far  the  act  of  the 
corporation  as  to  make  it  responsible  therefor;  ’and  that  the  sale 
and  deal  aforesaid  was  plainly  and  undeniably  to  bring  said 
Economic  company  into  the  combination  with  the  other  Chicago 
gas  companies,  to  prevent  competition  in  the  price  of  gas,  and  was 
a breach  of  the  condition  aforesaid  of  said  ordinance ; and,  whereas, 
it  has  now  been  demonstrated  that  said  Chicago  Economic  Fuel 


154 


GAS. 


[§  54 

Gas  company  was  gotten  up,  and  its  ordinance  obtained,  not  with  a 
view  of  furnishing  gas  to  the  consumers  of  gas  in  the  city  of  Chi- 
cago in  competition  with  the  other  gas  companies,  but  with  a view 
of  compelling  such  other  gas  companies,  or  the  proprietors  thereof, 
to  buy  out  the  said  Economic  company,  or  its  stockholders  or  pro- 
moters, at  a great  profit  to  such  stockholders  or  promoters;  and 
that  the  representations  and  assurances  of  the  promoters  and  man- 
agers of  said  Chicago  Economic  Fuel  Gas  company,  made  in  order 
to  obtain  said  ordinance  from  the  city  council,  that  said  company 
or  its  stock  would  never  be  sold  or  disposed  to  other  competing  gas 
companies  or  interests,  but  would,  if  granted  such  privileges, 
furnish  gas  in  competition  with  said  other  gas  companies  or  in- 
terests, were  false  and  fraudulent ; and  that  said  license  or  grant 
of  privileges  from  the  city  council,  contained  in  said  ordinances, 
were  obtained  by  fraud  on  the  part  of  said  Chicago  Economic  Fuel 
Gas  company: 

1”  2.  Resolution.]  Now,  therefore,  Resolved,  that  the  rights 
and  privileges  of  said  Chicago  Economic  Fuel  Gas  company  granted 
by  said  ordinances,  or  either  of  them,  or  which  might  otherwise  be 
claimed  thereunder,  and  each  and  every  of  them,  be,  and  the  same 
are  hereby,  declared  to  be  forfeited  and  to  have  ceased,  and  that 
the  same  are  of  no  further  force  or  effect ; and  that  the  commis- 
sioner of  public  works  and  superintendent  of  streets  be,  and  they 
are,  ordered  and  instructed  to  permit  no  further  laying  of  pipes,  or 
other  disturbance  of  the  streets  of  the  city,  or  of  any  of  them,  by 
said  Chicago  Economic  Fuel  Gas  company,  its  agents,  servants  or 
employes,  and  that  commissioner  of  public  works  and  superintend- 
ent of  streets  be  and  they  are  further  directed  to  take  charge  and 
control  of  all  gas  mains  and  pipes,  and  feeders  and  service  pipes, 
laid  by  said  Chicago  Economic  Fuel  Gas  company,  or  its  agents, 
contractors,  servants  or  employes,  in  any  of  the  avenues,  streets, 
alleys  and  public  places  in  said  city,  under  or  in  pursuance  of  said 
ordinances,  as  the  property  of  the  city  of  Chicago,  and  to  prevent 
the  use  or  any  interference  therewith  by  any  other  person  or  cor- 
poration. 


CHICAGO  FUEL  AND  LIGHT  COMPANY. 

§54.  Chicago  Fuel  and  Light  Company. 

If  1.  Grant. 

2.  Restoration  of  streets. 

IT  3-  Signal  lights. 

4.  Indemnity  clause 


§54] 


CHICAGO  FUEL  AND  LIGHT  COMPANY. 


155 


f[  5.  Subject  to  ordinances. 

6.  Reservation. 

7.  Notice  to  put  in  pipes. 

IT  8.  Erection  of  plant — failure. 

9.  Construction. 

10.  Liquidated  damages — bond. 

If  11.  Price  of  gas. 

IT  12.  Transfer  prohibited. 

13.  When  in  force. 

An  Ordinance  Granting  Rights  to  the  Chicago  Fuel  and  Light  Com- 
pany to  Construct,  Maintain  and  Operate  a System  of  Gas  Works  in 
Certain  Territory.  (Passed,  approved  and  filed  August  28,  1888. 

Accepted  October  26,  1888.) 

1"  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of  trus- 
tees of  the  village  of  Hyde  Park:  § 1.  That  permission  and  authority 
be  and  are  hereby  granted  to  the  Chicago  Fuel  and  Light  Company, 
subject  to  provisions  hereinafter  contained,  to  construct,  maintain,  and 
operate  a system  of  works  within  the  village  of  Hyde  Park  to  enable 
said  company  to  receive,  produce  and  furnish  for  sale,  natural  and  other 
gas,  and  petroleum  oil,  or  either  of  them,  and  to  enable  said  company 
to  deliver  such  gas  and  oil  to  its  customers,  the  right  of  way  is  hereby 
granted  to  it  along,  upon  and  under  all  avenues,  streets,  alleys  and  pub- 
lic places,  rivers  and  canals,  in  said  village,  for  the  purpose  of  laying, 
operating,  maintaining  and  repairing  pipes,  tubes,  feeders  and  service 
pipes  in  connection  with  the  said  business  of  said  company. 

T 2.  Restoration  of  streets.]  § 2.  Such  company  shall  do 
no  permanent  injury  to  any  street,  sidewalk,  alley,  avenue  or  public 
place,  or  in  any  manner  unnecessarily  disturb  or  interfere  with  any 
water  pipe,  sewer  or  gas  pipe,  telegraph  or  electric  wires,  cables  or 
pipes,  now  laid  or  hereafter  to  be  laid  by  or  by  authority  of  said  village; 
that  in  laying  their  said  pipes  no  greater  distance  than  one-quarter  of 
a mile  shall  be  opened  at  any  one  time  and  the  work  shall  be  done 
continuously  and  speedily  prosecuted  to  completion  under  the  direc- 
tion of  the  superintendent  of  public  works  or  other  proper  officer  of 
said  village;  that  any  streets,  lanes,  roads  or  alleys  open  for  the  pur- 
pose aforesaid  shall  be  immediately  restored  to  a condition  equally  as 
good  as  before  opened  by  or  for  the  benefit  of  said  company,  by  the 
superintendent  of  public  works  or  other  proper  officer  of  said  village; 
and  the  said  superintendent  of  public  works  or  other  proper  officer  of 
said  village  shall  make  an  estimate  of  the  cost  of  restoring  of  each  sec- 
tion not  exceeding  one-quarter  of  a mile,  as  aforesaid,  to  a condition 
equally  as  good  as  before,  and  payment  of  the  amount  of  the  said  esti- 
mate shall  be  made  by  said  company  to  the  comptroller  of  the  said  vil- 
lage before  such  street,  lane,  road  or  alley  shall  be  opened,  and  in  no 
case  shall  the  village  be  held  liable  for  any  loss  or  damage  that  may 
occur  in  the  restoring  of  such  street,  lane,  road  or  alley  as  aforesaid; 
provided,  however,  that  if  the  said  corporation  shall  restore  each  sec- 
tion as  aforesaid  of  said  street,  lane,  road  or  alley  to  a condition  satis- 


156 


GAS. 


[§  54 


factory  to  the  superintendent  of  public  works,  or  other  proper  officer 
of  said  village,  within  fifteen  days  after  the  same  shall  have  been 
opened,  by  or  for  said  company,  then  the  amount  of  deposit  as  afore- 
said shall  be  returned  to  said  company  upon  the  order  of  the  said 
superintendent  of  public  works  or  other  proper  officer. 

1"  3.  Signal  lights.]  § 3.  Said  company  shall  put  up  all 
necessary  barriers,  lights  and  signals  to  prevent  the  happening  of  any 
accident  in  consequence  of  any  opening  or  encumbrance  of  any  street, 
alley,  lane,  avenue  or  public  ground  in  said  village. 

1"  4.  Indemnity  clause.]  § 4.  Said  corporation  shall  be  lia- 
ble to,  and  by  the  acceptance  of  this  ordinance,  agrees  to  pay  and  com- 
pensate the  village  of  Hyde  Park,  or  any  private  individual,  owner, 
owners,  or  parties  interested  in  any  property  adjacent  to  any  street, 
avenue,  alley  or  public  place  opened  or  injured  by  them,  for  all  dam- 
ages such  parties  may  suffer  caused  by,  or  resulting  from  negligence 
or  want  of  proper  care  and  skill  in  the  construction  of  its  works  or  lines 
of  pipes,  or  in  opening,  incumbering,  refilling  or  guarding  any  opening 
or  obstruction  of  any  street,  alley  or  public  place  in  said  village,  or 
growing  out  of  the  escape  of  any  oil  or  gas  contained  in  or  conducted 
through  such  pipes  or  tubes  of  said  company. 

1 5.  Subject  to  ordinances.]  § 5.  Said  corporation  shall 
be  subject  to  all  general  ordinances  of  the  village  of  Hyde  Park  in  re- 
gard to  gas  companies,  or  companies  of  a similar  character  or  business, 
or  relating  to  the  storage  of  oil  now  in  force,  or  which  may.  be  here- 
after passed. 

T 6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde 
Park,  for  itself  and  citizens,  reserves  the  right  to  put  in  sewerage,  water 
and  other  pipes,  and  any  and  all  improvements  which  it  may  deem  ne- 
cessary or  proper,  at  any  and  all  times,  in  its  streets,  alleys  or  public 
grounds  without  any  liability  to  said  Chicago  Fuel  and  Light  Com- 
pany for  so  doing,  and  on  reasonable  notice  said  company  shall  take 
proper  care  of  its  own  pipes  and  property  in  such  streets,  alleys  or 
public  grounds. 

T 7.  Notice  to  put  in  pipes.]  § 7.  Whenever  the  board  of 
trustees  or  their  successors  shall  provide  for  the  improvement  of  any 
street  by  paving  or  macadamizing  the  same,  the  said  company  shall, 
within  sixty  days  after  receiving  such  notice  from  the  department  of 
public  works,  or  other  proper  authority,  cause  pipes  suitable  for  the 
supply  of  gas  upon  said  street,  to  be  laid  therein,  including  such  main 
or  service  pipes,  feeders  and  house  connections  to  the  curb  lines  of 
said  street,  and  connecting  with  the  building  lots  thereon,  as  may  be 
necessary  or  proper.  Provided,  however,  that  said  company  shall  not 
be  required  to  lay  pipe  in  any  such  street  unless  the  pipe  so  laid  shall 
connect  with  the  general  system  of  said  company,  and,  provided  fur- 
ther, that  in  case  of  the  failure  of  said  company  after  such  notices  to 


§ 54]  CHICAGO  FUEL  AND  LIGHT  COMPANY.  157 

lay  such  pipe  and  connections  prior  to  such  improvement,  said  com- 
pany shall  not  thereafter  have  the  right  to  tear  up  said  street  nor  any 
part  tliereof,  except  upon  permission  of  the  board  of  trustees  or  their 
successors  first  specially  had  and  obtained. 

* 8.  Erection  of  plant — failure.]  § 8.  Said  corporation  shall, 
unless  prevented  by  due  process  of  law,  commence  the  erection  of  gas 
works  within  six  months  from  the  date  of  passage  of  this  ordinance, 
and  shall  complete  said  works  and  furnish  gas  for  fuel,  power,  light  or 
heat  within  eighteen  months  from  said  date.  Said  works  to  have  a 
capacity  of  not  less  than  two  hundred  and  fifty  thousand  (250,000) 
cubic  feet  of  gas  per  day. 

If  said  company  shall  so  fail  to  commence  said  works  and  com- 
plete the  same,  and  furnish  gas  within  said  periods  of  six  and  eighteen 
months,  or  having  commenced  to  supply  gas,  it  shall,  unless  for  causes 
beyond  the  control  of  said  company,  cease  to  supply  gas  for  fuel, 
power,  light  or  heat  for  a period  of  more  than  thirty  days,  then  the 
rights  and  privileges  hereby  granted  shall  cease  and  be  of  no  more 
force  and  effect. 

Provided,  however,  that  if  said  company  shall  be  delayed  by  any 
ordinance  or  resolution  of  the  village  of  Hyde  Park,  or  by  any  suit,  in- 
junction, order  or  decree  of  any  court  of  competent  jurisdiction,  then 
the  period  of  any  and  all  such  delays  shall  be  added  to  said  periods  of 
six  and  eighteen  months.  But  the  village  of  Hyde  Park  shall  have  the 
right  to  intervene,  at  its  option,  in  any  such  suit  or  proceedings  in  anv 
court,  and  become  a party  thereto,  and  move  for  the  dissolution  of 
any  such  injunction  or  the  vacation  of  any  such  order  or  decree. 

9.  Construction.]  § 9.  The  trunk  line  of  gas  pipes  or  oil 
pipes  for  high  pressure  natural  gas,  that  is,  having  a pressure  exceed- 
ing ten  pounds  to  the  square  inch,  shall  be  of  wrought  iron  of  the  best 
material  and  with  joints  of  the  best  known  character  for  securing 
natural  gas  or  oil.  Said  pipes  shall  be  placed  at  least  three  (3)  feet 
below  the  surface  of  the  ground,  and  it  is  hereby  made  the  duty  of 
said  company  or  corporation  to  provide  an  escape  system  to  carry  off 
superfluous  natural  gas  or  oil  (to)  relieve  undue  pressure  and  prevent 
explosion. 

€ 10.  Liquidated  damages — bond.]  §10.  Such  company  or  cor- 
poration shall  forfeit  and  pay  to  the  said  village  of  Hyde  Park  the  sum 
of  twenty  thousand  ($20,000)  dollars  as  liquidated  damages  in  case  it 
shall  fail  to  commence  the  erection  of  gas  works  within  six  months 
from  the  date  of  the  passage  of  this  ordinance,  or  in  case  it  shall  fail 
to  complete  said  works  and  furnish  gas  within  eighteen  months 
from  said  date,  as  provided  by  section  8 hereof,  and  such 
company  or  corporation  shall,  within  sixty  days  from  and  after 
the  date  of  the  passage  of  this  ordinance  execute  and  file  with  the 
president  of  the  village  of  Hyde  Park  a good  and  sufficient  bond  in 
the  penal  sum  of  fifty  thousand  dollars  ($50,000),  conditioned  that  said 


158 


GAS. 


[§  54 


company  shall  at  all  times  save  said  village  harmless  from  and  on  ac- 
count of  all  injury  to  persons  or  property  that  may  be  caused  jpy  the 
acts  of  the  said  corporation,  or  its  employes,  or  by  the  escape  of  its  gas 
or  oil,  and  to  make  good  and  pay  for  all  injury  and  damage  to  property 
of  the  said  village  of  Hyde  Park  that  may  be  in  anywise  caused  by  the 
operations  of  the  said  company  hereunder;  and  further  conditioned  to 
pay  the  said  village  of  Hyde  Park  said  sum  of  twenty  thousand  dollars 
($20,000)  liquidated  damages,  provided  for  in  this  section. 

IT  11.  Price  of  gas.]  § 11.  Said  company  shall  not  charge 
nor  collect  more  than  one  dollar  per  thousand  (1,000)  cubic  feet  for 
gas  for  illuminating  purposes,  nor  more  than  forty  (40)  cents  per  thou- 
sand (1,000)  cubic  feet  for  gas  for  heating  purposes,  with  a rebate  of 
twenty  per  cent,  on  said  above  prices  in  case  of  payment  on  or  before 
the  twelfth  day  of  the  month  next  succeeding  that  in  which  such  gas  is 
used  by  consumers  thereof.  When  said  company  shall  furnish  illumin- 
ating gas  then  such  company  or  corporation  shall  supply  gas  light 
under  uniform  and  sufficient  pressure  between  sunset  and  sunrise  of 
each  day,  and  the  quality  of  the  same  shall  be  as  nearly  uniform  as  prac- 
ticable, averaging  for  any  one  month  not  less  than  sixteen  sperm  can- 
dles burning  one  hundred  and  twenty  grains  per  hour,  to  be  deter- 
mined by  authorized  photo  metrical  tests,  a five  foot  burner  being  used. 
And,  provided,  the  rights  and  privileges  hereby  granted  are  upon  the 
express  condition  that  said  company  shall  not  charge  the  village  of 
Hyde  Park  more  than  seventy  (70)  cents  per  thousand  (1,000)  cubic 
feet  for  illuminating  gas,  and  not  more  than  twenty-five  (25)  cents  per 
thousand  (1,000)  cubic  feet  for  heating  gas. 

1 12.  Transfer  of  privileges.]  § 12.  No  transfer  of  the 

privileges  hereby  granted  shall  ever  be  made  to  any  other  company 
or  corporation,  and  should  the  Chicago  Fuel  and  Light  Company  be- 
come a party  to  any  trust  or  combination  respecting  the  quantity  or 
quality  or  price  of  its  gas  or  oil,  any  such  transfer,  combination  or 
transaction  shall  work  a forfeiture  of  the  rights  and  privileges  hereby 
granted. 

13.  When  in  force.]  §13.  This  ordinance  shall  take  effect 
and  be  in  force  when  and  as  soon  as  said  company  shall  file  with  the 
clerk  of  the  village  of  Hyde  Park  its  acceptance  in  writing  thereof,  to- 
gether with  its  bond,  as  hereinbefore  provided,  and  in  case  said  com- 
pany shall  not  file  said  acceptance  in  writing,  and  said  bond,  within 
sixty  (60)  days  after  the  passage  and  approval  of  this  ordinance,  then 
this  ordinance  shall  be  and  become  void  and  without  force  and  effect. 


CHICAGO  GAS  LIGHT  AND  COKE  COMPANY. 


159 


§ 55] 


CHICAGO  GAS  LIGHT  AND  COKE  COMPANY. 

§ 55.  Chicago  Gas  Light  and  Coke  company. 

H[  1.  Grant  to  use  tunnel. 

Ht  2.  Grant  to  construct  tunnel. 

Hi  3.  Indemnity  clause. 

Hi  4.  In  force  immediately  on  passage  and  acceptance. 


An  Ordinance  to  Permit  the  Chicago  Gas  Light  and  Coke  Company 

to  Place  Gas  Mains  in  a Tunnel  Crossing  the  Chicago  River  at  35TH 

Street.  (Passed  July  14,  1887.) 

Hi  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  the  commmissioner  of  public  works  be,  and 

he  is  hereby,  authorized  to  permit  the  Chicago  Gas  Light  and  Coke 
Company  to  use  the  tunnel  under  the  south  fork  of  the  south  branch  of 
the  Chicago  river  for  the  purpose  of  placing  therein  twelve  (12)  inch 
gas  main.  The  commissioner  of  public  works  shall  regulate  the  man- 
ner and  impose  such  conditions  as  he  may  deem  proper  for  the  use  of 
the  tunnel  for  the  purpose  aforesaid,  and  provided  that  this  permission 
may  be  revoked  at  any  time  hereafter  by  the  city  council ; and  in  case 
said  company  shall  not  remove  its  gas  mains  after  such  termination, 
within  such  time  as  the  commissioner  of  public  works  may  designate, 
then  the  commissioner  of  public  works  may  at  the  expense  of  said  gas 
company,  remove  said  gas  main. 

IT  2.  Grant  to  construct  tunnel.]  § 2.  In  case  the  permis- 
sion given  in  section  one  of  said  gas  company  is  revoked,  then  said 
Chicago  Gas  Light  and  Coke  Company  are  hereby  granted  the  right 
and  privilege  to  place  a tunnel  under  said  south  fork,  between  the  south 
branch  of  the  Chicago  river  and  35th  street,  for  the  purpose  of  placing 
therein  said  twelve  (12)  inch  gas  main:  Provided,  said  tunnel  described 
in  this  section  shall  be  built  under  such  plans  and  specifications  and  at 
such  place  as  the  commissioner  of  public  works,  or  other  proper  de- 
partment, shall  approve  of. 

HT  3.  Indemnity  clause.]  § 3.  Said  Chicago  Gas  Light  and 
Coke  Company  shall  save  and  keep  harmless  the  city  Chicago  against 
any  and  all  damages  by  reason  of  the  rights  granted  by  this  ordinance 
to  said  company. 

HT  4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  acceptance  by  said  Chicago  Gas  Light 
and  Coke  Company. 


160 


GAS. 


[§56 


CHICAGO  MUNICIPAL  GAS  LIGHT  AND  FUEL  COMPANY. 

& 56-  Chicago  Municipal  Gas  Fuel  and  Light  company. 

§ 56a.  Repealed. 

1.  Grant. 

IT  2.  Opening  streets. 

IT  3-  Time  limited. 

if  4.  Repeal,  etc. 

An  Ordinance  Granting  Permission  to  the  Chicago  Municipal  Gas 

Light  and  Fuel  Company  to  Lay  Gas  Mains  in  Certain  Territory. 

(Passed  March  24,  1884.) 

* 1.  Grant.]  Be  is  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § 1.  That  permission  and  authority  be  and  the  same  is 
hereby  granted  to  the  Chicago  Municipal  Gaslight  and  Fuel  Company 
of  Cook  county  and  state  of  Illinois,  to  lay  their  gas  mains,  pipes,  feed- 
ers and  service  pipes,  in  any  and  all  the  streets,  alleys,  avenues,  high- 
ways, parks  and  public  grounds  throughout  said  town  of  Lake,  and  to 
maintain  and  repair  the  same,  provided  that  no  permanent  injury  nor 
damage  shall  be  done  to  any  street,  alley,  park  or  highway  in  the  said 
town  of  Lake. 

IT  2.  Opening  streets.]  § 2.  Said  company,  when  they  shall 
open  the  ground  to  lay  any  pipes,  or  for  any  other  purpose  whatsoever, 
shall  restore  the  grounds,  streets,  alleys,  pavements  and  sidewalks  to  a 
condition  as  good  as  before  they  were  opened,  with  all  convenient  dis- 
patch; all  excavations  shall  be  made  in  such  manner  that  the  public 
shall  not  be  unnecessarily  inconvenienced  thereby. 

T 3.  Time  limited.]  § 3.  Said  company  shall  commence 
furnishing  gas  to  the  town  of  Lake  within  one  year  from  the  date  of 
the  passage  of  this  ordinance,  and  the  price  of  gas  to  consumers  shall 
not  exceed  two  dollars  and  fifty  cents  per  thousand  cubic  feet,  with  a 
rebate  to  such  consumers  of  fifty  cents  per  thousand  cubic  feet,  in  case 
of  payment  on  or  before  ten  days  next  after  the  expiration  of  the  month 
in  which  the  gas  is  used  by  such  consumer,  provided  this  rebate  shall 
not  apply  to  street  lamps  and  public  buildings;  the  supply  therefor  to 
be  subject  to  special  agreement. 

IT  4.  Repeal,  etc.]  § 4.  That  an  ordinance  adopted  by  the 
board  of  trustees  of  the  town  of  Lake  on  the  18th  day  of  March,  1884, 
granting  certain  privileges  to  the  Chicago  Municipal  Gas  Light  and 
Fuel  Company*  be  and  the  same  is  hereby  repealed. 

*Note. — See ‘following  repealing  ordinance. 

§ 56b.  Ordinance  repealing  the  foregoing. 

An  Ordinance  Repealing  an  Ordinance  Granting  Rights  to  the  Chi- 
cago Municipal  Gas  Light  and  Fuel  Company.  (Passed  April  23,  1884.) 

Repeal  of  above  ordinance.  ] Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake:  § 1.  That  the  ordinance  passed  by  the 
board  of  trustees  of  the  town  of  Lake  on  the  25th  day  of  March,  A.  D. 
1884,  granting  permission  to  jthe  Chicago  Municipal  Gas  Light  and 


§57] 


consumers’  gas,  fuel  and  light  company. 


161 


Fuel  Company,  of  Cook  county  and  state  of  Illinois,  to  lay  gas  pipes 
and  feeders  and  service  pipes  in  the  streets,  alleys,  avenues,  highways 
and  parks,  etc.,  throughout  the  town  of  Lake,  be,  and  the  same  is  here- 
be  repealed. 


CONSUMERS’  GAS,  FUEL  AND  LIGHT  COMPANY. 

§ 57.  Consumers’  Gas,  Fuel  and  Light  company. 

If  1.  Grant. 

if  2.  Pipes,  their  extension  and  connections, 
if  3.  Restoration  of  streets. 

if  4.  Restrictions  as  to  opening  and  encumbering. 

if  5.  Indemnity  clause. 

if  6.  Subject  to  ordinances. 

if  7.  Supply  and  quality  of  gas. 

if  8.  Conditions  of  the  grant. 

if  9.  Construction  of  plant — forfeiture. 

if  10.  Acceptance — bond. 

if  11.  Bond  not  to  limit  liability. 

An  Ordinance  Granting  Rights  to  the  Consumers’  Gas,  Fuel  and  Light 
Company  to  Construct,  Maintain  and  Operate  Gas  Works  Within 
the  City  of  Chicago.  (Passed  April  28,  1882.) 

T 1.  Grant.]  P>e  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  Subject  to  the  terms  and  conditions  of  this  ordinance 

there  is  hereby  granted  to  the  Consumers’  Gas,  Fuel  and  Light  Com- 
pany, of  Chicago,  the  right  to  construct,  maintain  and  operate  gas 
works  within  the  city  of  Chicago,  together  with  the  right  of  way  along, 
upon  and  under  all  the  avenues,  streets,  alleys  and  public  places  in  said 
city  for  the  purpose  of  placing,  operating,  repairing  and  maintaining 
one  or  more  lines  of  gas  mains  and  pipes,  and  all  necessary  feeders  and 
service  pipes  in  connection  therewith,  for  lighting  and  fuel  purposes. 

1 2.  Pipes,  extensions,  connections.]  § 2.  Such  company  or 
corporation  shall  not  lay  its  main  pipes  in  any  such  avenue,  street, 
alley  or  public  place  of  said  city,  unless  it  shall  at  the  same  time  lay 
down  all  feeders  or  service  pipes  necessary  to  make  connection,  without 
any  subsequent  disturbance  of  the  pavement  or  surface  of  such  avenue, 
street  or  public  place,  with  each  and  all  building  lots  fronting  or  abut- 
ting thereon,  and  all  service  pipes  or  feeders  laid  by  said  company  shall 
be  coated  with  Dr.  Angus  Smith’s  composition,  or  some  other  equally 
good  material  for  preserving  said  service  pipes  or  feeders  from  decay. 
Such  company  or  corporation  shall  not  charge  any  person  desiring  to 
make  a connection  with  any  service  pipe  laid,  or  to  be  laid  by  such 
company  or  corporation,  more  than  twenty-five  cents  a foot  for  such 
service  pipe  when  laid.  Said  company  shall,  when  ordered  by  a ma- 
il 


162 


GAS. 


jority  of  the  city  council,  extend  its  main  pipes  in  any  block  one-half  of 
which  shall  be  improved  by  buildings. 

T 3.  Restoration  of  streets,  removal  of  pipes.]  § 3.  That 
such  company  or  corporation  shall  do  no  permanent  injury  to  any 
street,  sidewalk,  alley,  avenue  or  public  place,  or  shade  tree,  or  in  an> 
manner  unnecessarily  disturb  or  interfere  with  any  water  pipe,  sewer  or 
gas  pipe,  telegraph  or  electric  wires,  cables  or  pipes,  now  or  hereafter 
laid  by  said  city  or  any  authorized  company  or  corporation;  and  when 
such  company  or  corporation  shall  open  ground  in  the  same,  they  shall 
forthwith  restore  the  street,  pavement,  sidewalk  or  ground,  or  water 
pipe,  sewer  or  gas  pipe,  to  a condition  equally  good  as  before,  at  the 
expense  of  said  company,  and  if  said  company  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  said  city,  and  the  said  company  shall  be 
liable  for  the  cost  thereof;  and  said  company  shall  not  make  any  exca- 
vations in  any  street,  alley,  avenue  or  public  place,  without  first  pro- 
curing a permit  for  that  purpose  from  the  department  of  public  works 
of  said  city.  When  any  excavation  shall  be  made  by  said  company  in 
any  street,  alley  or  public  place,  paved  with  wooden  blocks,  the  founda- 
tion boards  or  planks  shall  be  removed  without  being  cut,  unless  such 
cutting  shall  be  specially  permitted  by  the  department  of  public  works 
of  said  city.  The  said  company  shall  not  use  the  public  fire  hydrants  of 
said  city,  nor  any  water  therefrom,  without  a license  and  permit  from 
the  department  of  public  works  of  said  city.  The  said  company  shall, 
upon  notice  from  the  department  of  public  wrorks  of  said  city,  remove 
or  change  any  gas  main,  pipe,  service  pipe  or  feeder,  which  may  be  in 
the  way  of  or  interfere  with  the  construction  or  erection  of  any  viaduct, 
public  building  or  other  public  structure  within  said  city. 

T 4.  Opening  and  encumbering  streets.]  § 4.  Such  com- 
pany or  corporation  shall  not  open  or  encumber  more  of  any  street, 
avenue,  alley  or  public  place,  at  any  one  time,  than  may  be  necessary  to 
enable  it  to  proceed  with  advantage  in  the  laying  of  any  such  main  pipe, 
feeder  or  service  pipe,  nor  shall  said  company  or  corporation  permit  • 
any  such  street,  avenue,  alley  or  public  place  to  remain  open  or  encum- 
bered for  a longer  period  than  shall  be  necessary  to  execute  the  work 
for  which  the  same  shall  have  been  opened,  or  without  putting  up  the 
necessary  barriers  and  lights,  so  as  to  effectually  prevent  the  happen- 
ing of  any  accident  in  consequence  of  such  opening  or  encumbering  of 
such  street,  alley,  avenue,  or  public  grounds. 

T 5.  Indemnity  clause.]  § 5.  Such  company  or  corporation 
shall  be  liable  to  and  shall  compensate  the  city  of  Chicago,  and  pay  any 
private  individual,  owner  or  owners,  or  parties  interested  in  any  prop- 
erty adjacent  to  any  street,  avenue,  alley  or  public  place,  opened  or  in- 
jured by  them,  for  all  damages  which  may  result  from  leaks  of  pipe,  or 
by  reason  of  such  company  or  corporation  having  negligently  opened, 
encumbered,  protected  or  guarded  any  such  street,  avenue,  alley  or 
public  place  in  said  city. 

T 6.  Subject  to  ordinances.]  §6.  Such  company  or  corpora- 


§57] 


consumers’  gas,  fuel  and  light  company. 


163 


tion  shall  be  subject  to  all  general  ordinances  of  the  city  of  Chicago  in 
regard  to  gas  companies.  And  the  city  of  Chicago  shall  have  the  right, 
at  any  time,  to  provide  for  the  appointment  of  one  or  more  inspectors 
of  gas,  with  all  the  power  and  authority  incident  to  such  position,  and 
which  the  said  city  may  deem  necessary  to  protect  the  city  of  Chicago, 
in  its  corporate  rights,  and  individual  consumers  of  gas,  against  oppres- 
sion or  fraud;  and,  if  the  said  city  shall  deem  it  necessary,  to  require 
any  inspector  (or  other  city  official)  to  certify  to  the  correctness  of  all 
gas  bills  of  consumers  of  gas  furnished  by  such  company  or  corpora- 
tion. All  meters  used  by  said  company  for  measuring  gas  shall  be  sub- 
ject to  inspection  and  approval  by  such  person  or  persons,  officer  or 
officers,  as  may  be  appointed  by  said  city  for  that  purpose,  and  said 
company  shall  pay  all  reasonable  costs  and  charges  of  such  inspection, 
the  same  to  be  fixed  by  the  city  council  of  said  city. 

1 7.  Gas,  quality  of,  supply.]  § 7.  Such  company  or  cor- 
poration shall  supply  gas  light  under  uniform  and  sufficient  pressure 
between  sunset  and  sunrise  of  each  day,  and  the  quality  of  the  same 
shall  be  as  nearly  uniform  as  practicable,  averaging  for  any  one  month 
not  less  than  sixteen  sperm  candles  burning  one  hundred  and  twenty 
grains  per  hour,  to  be  determined  by  authorized  photometrical  tests,  a 
five-foot  burner  being  used. 

1 8.  Conditions  of  grant— price  of  gas.]  § 8.  The  rights 
and  privileges  hereby  granted  are  upon  the  express  condition  that  no 
gas  flowing  through  any  main-pipe,  feeder  or  service  pipe,  laid  by  said 
company  or  corporation  or  by  its  authority,  shall  be  charged  for,  to 
general  consumers  thereof,  at  a rate  exceeding  one  dollar  and  seventy- 
five  cents  per  thousand  cubic  feet:  Provided,  that  to  all  consumers  using 
at  the  rate  of  one  hundred  thousand  cubic  feet  and  over,  per  annum,  a 
rebate  of  at  least  twenty-five  cents  per  thousand  feet  shall  be  allowed, 
and  to  attempt  to  collect  at  a greater  rate  than  that  herein  specified  for 
gas  consumed  from  any  such  main  pipe,  feeder  or  service  pipe,  shall 
work  a forfeiture  of  the  rights  and  privileges  hereby  granted.  The 
rights  and  privileges  granted  are  upon  the  further  express  condition 
that  such  company  or  corporation  shall  not  extend  its  pipes  beyond  the 
limits  of  the  city,  or  allow  any  connection  to  be  made  with  its  pipes,  so 
that  gas  shall  be  furnished  through  its  pipes  to  any  consumer  outside 
the  city  of  Chicago. 

T 9.  Construction  of  plant,  rights  forfeited  when.]  § 9. 

In  the  event  that  such  company  or  corporation,  within  three  years  from 
the  date  of  the  passage  of  this  ordinance  giving  it  permission  to  lay  its 
main  pipes,  etc.,  shall  not  have  built  and  completed  gas  works  in  said 
city  sufficiently  extensive  to  enable  it  to  manufacture  and  distribute  gas 
to  an  amount  not  less  than  ten  million  feet  in  every  thirty  days,  and  lo- 
cated within  the  limits  of  the  city  of  Chicago,  and  <d»^ll  not  have  com- 
menced such  works,  and  expended  thereon  at  leasi.  five  hundred  thou- 
sand dollars  within  eight  months  from  the  date  of  the  passage  of  this 
ordinance,  or  if  such  company  or  corporation  shall  at  any  time  enter 


164 


GAS. 


[§  57 


into  any  combination,  directly  or  indirectly,  with  any  gas  company  or 
companies,  concerning  the  rates  (or  price)  to  be  charged  for  gas,  either 
to  the  city  or  private  consumers,  or  if  such  company  or  corporations 
shall  directly  or  indirectly  sell,  lease  or  transfer  its  franchises  and  priv- 
ileges to  any  other  gas  company  or  corporation,  or  if  such  company  or 
corporation,  having  commenced  to  manufacture  gas,  shall  cease  for  a 
period  of  more  than  ten  consecutive  days  (unless  by  reason  of  unavoid- 
able accident)  to  furnish  gas  through  their  pipes,  the  rights  and  priv- 
ileges hereby  granted  shall  cease  and  be  of  no  more  force  or  effect;  or 
shall  fail  or  refuse  to  extend  its  main  pipes,  as  required  by  section  2 
of  this  ordinance,  and  it  shall  not  require  the  judgment  or  decree  of  any 
court  of  law  or  equity  to  determine  the  said  rights  and  privileges,  but 
the  same  shall  wholly  cease  and  determine,  absolutely  and  at  once,  upon 
the  happening  of  any  of  the  matters  or  things  in  this  sections  specified. 

T 10.  Acceptance — bond.]  § 10.  This  ordinance  shall  not  be 

in  force  as  to  said  company  or  corporation  until  it  shall  have  been  ac- 
cepted by  such  company  or  corporation,  such  acceptance  to  be  made  by 
a vote  of  such  company  or  corporation,  duly  passed  and  recorded,  nor 
until  such  company  or  corporation  shall  have  given  and  filed  in  the  city 
clerk’s  office  a good  and  sufficient  bond,  with  two  or  more  good  and 
sufficient  sureties,  in  the  penal  sum  of  five  hundred  thousand  dollars, 
conditioned  that  such  company  or  corporation  shall  and  will,  within 
three  years  from  the  date  of  the  passage  of  this  ordinance,  build  and 
complete  gas  works  in  said  city,  sufficiently  extensive  to  enable  it  to 
manufacture  and  distribute  gas  to  an  amount  not  less  than  ten  million 
feet  in  every  thirty  days,  and  located  within  the  limits  of  the  city  of 
Chicago,  and  that  the  rate  to  be  charged  to  the  consumers  of  gas  which 
may  flow  through  the  pipes  laid  by  such  company  or  corporation,  or  by 
its  authority,  shall  never  exceed  the  rate  named  and  specified  in  section 
8 of  this  ordinance,  and  that  such  company  or  corporation  will  not  sell, 
lease  or  transfer  its  franchises  and  privileges  to  any  other  gas  company, 
and  shall  and  will  not  enter  any  combination  with  any  other  gas  com- 
pany concerning  the  rate'  (or  price)  to  be  charged  for  gas,  and  to  pay  all 
damages  which  the  city  of  Chicago,  or  any  consumer  of  the  gas  fur- 
nished by  such  company  or  corporation,  shall  suffer  bv  reason  of  the 
failure  of  such  company  or  corporation  to  perform  anv  of  the  obliga- 
tions or  conditions  of  this  ordinance,  such  bond  and  sureties  to  be  ap- 
proved by  the  mayor  and  city  comptroller. 

% 11.  Bond  not  a measure  of  liability.]  §11.  The  liabil- 
ity of  said  company  to  said  city,  or  to  person  who  may  be  injured  by 
the  exercise  by  said  company  of  any  of  the  rights  and  privileges  hereby 
granted,  shall  not  be  limited  by  the  penalty  of  said  bond,  nor  shall  the 
remedy  against  said  company  be  confined  to  the  said  bond,  it  being  un- 
derstood that  such  remedy  is  merely  cumulative,  and  that  said  city  of 
Chicago,  and  any  person  or  persons,  shall  have  the  same  remedies 
against  said  company  as  it  or  they  would  or  might  have  if  no  such  bond 
were  given.  In  case  the  duties  of  the  department  of  public  works  shall 


consumers’  gas,  light  and  fuel  company. 


165 


58] 


be  devolved  by  said  city  on  any  other  department  or  officer,  the  permits 
and  licenses  herein  mentioned  shall  be  applied  for  to  such  department 
or  officer.  • 


CONSUMERS’  GAS,  LIGHT  AND  FUEL  COMPANY. 

§ 58.  Consumers’  Gas,  Light  and  Fuel  company  of  Lake  View. 

1 f 1.  The  grant. 

^ 2.  Service  pipes — charges  therefor  limited — to  be  coated. 

Hf  3-  Restoration  of  streets. 

Ht  4-  Restrictions  as  to  encumbrance  of  streets. 

IT  5-  Indemnity  clause. 

It  6.  Subject  to  ordinances — pressure  of  gas. 

*11  7-  Rates  for  gas  limited. 

IT  8.  Erection  of  the  plant,  time  of  and  the  cost  thereof  limited. 

IT  9.  Bond  in  penal  sum  of  $10  000 ; conditions  of. 

An  Ordinance  Granting  Rights  to  the  Consumers’  Gas,  Light  and 
Fuel  Company  of  Lake  View,  Cook  County,  State  of  Illinois,  to  Con- 
struct, Maintain  and  Operate  Gas  Works  in  Certain  Territory. 
(Passed  and  approved  May  21,  1883.) 

1.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake  View:  § 1.  Subject  to  the  terms  and  conditions  of  this 
ordinance  there  is  hereby  granted  to  the  Consumers’  Gas  Light  and 
Fuel  Company  of  the  town  of  Lake  View,  the  right  to  construct,  main- 
tain and  operate  its  works  within  the  town  of  Lake  View,  together 
with  the  right  of  way  upon,  along  and  under  all  the  avenues,  streets,  al- 
leys and  public  places  in  said  town,  for  the  purpose  of  placing,  operat- 
ing, repairing  and  maintaining  one  or  more  lines  of  gas  mains  and  pipes 
and  all  necessary  feeders  and  service  pipes  in  connection  therewith  for 
lighting  and  fuel  purposes. 

T 2.  Service  pipes — charge  for — coating.]  § 2.  Such  com- 

pany or  corporation  shall,  when  laying  its  main  pipes  in  any  such  street, 
avenue,  alley,  or  public  place  of  said  town,  when  requested  by  the 
property  owners  or  order  of  the  board  of  trustees  lay  down  all  feeders 
or  service  pipes  necessary  to  make  connection  without  any  subsequent 
disturbance  of  the  pavement  or  surface  of  such  avenue,  street  or  public 
place,  with  each  and  all  building  lots  fronting  or  abutting  thereon,  and 
all  service  pipes  or  feeders  laid  by  said  company  shall  be  coated  with 
Dr.  Angus  Smith’s  composition  or  some  other  equally  good  material 
for  preserving  said  service  pipes  or  feeders  from  decay.  Such  company 
or  corporation  shall  not  charge  any  person  desiring  to  make  a connec- 
tion with  any  service  pipe  laid  or  to  be  laid  by  such  company  or  cor- 
poration more  than  twenty-five  cents  a foot  for  such  service  pipe  when 
laid.  Said  company  shall,  when  ordered  by  a majority  of  the  board  of 


GAS. 


166 


[§  58 


trustees,  extend  its  main  pipes  in  any  block,  one-half  of  which  shall  be 
improved  by  buildings. 

IT  3.  Restoration  of  streets.!  § 3.  That  such  company  or 
corporation  shall  do  no  permanent  injury  to  any  street,  sidewalk,  av- 
enue, alley,  or  public  place,  or  shade  tree,  or  in  any  manner  unneces- 
sarily disturb  or  interfere  with  any  water  pipe,  sewer  pipe,  telegraph 
wires,  cables  or  pipes  now  or  hereafter  laid  by  said  town,  or  any  author- 
ized company  or  corporation,  and  when  such  company  or  corporation 
shall  open  grounds  in  the  same  they  shall  forthwith  restore  the  street, 
pavement,  sidewalk  or  ground  or  water  pipes,  sewer  or  gas  pipes  to  a 
condition  equally  as  good  as  before,  at  the  expense  of  said  company, 
and  if  said  company  shall  fail  or  refuse  so  to  do,  the  same  may  be  done 
by  said  town,  and  the  said  company  shall  be  liable  for  the  cost  thereof, 
and  said  company  shall  not  make  any  excavation  in  any  street,  alley, 
avenue  or  public  place,  without  first  procuring  a permit  for  that  pur- 
pose from  the  board  of  trustees  of  said  town  of  Lake  View.  When  any 
excavation  shall  be  made  by  said  company  in  any  street,  alley,  or  public 
place  paved  with  wooden  blocks,  the  foundation  board  or  planks  shall 
be  removed  without  being  cut,  unless  such  cutting  shall  be  specially 
permitted  by  the  board  of  trustees. 

The  said  company  shall  not  use  the  public  fire  hydrants  of  said 
town,  nor  any  water  therefrom,  without  a license  and  permit  from  the 
superintendent  of  public  works. 

IT  4.  Encumbering  streets.]  § 4.  Such  company  or  corpora- 
tion shall  not  open  or  encounter  more  of  any  street,  avenue,  alley  or 
public  place  at  any  one  time  than  may  be  necessary  to  enable  it  to 
proceed  with  advantage  in  the  laying  of  any  such  main  pipe,  feeder  or 
service  pipe,  nor  shall  said  company  or  corporation  permit  any  such 
street,  avenue,  alley  or  public  place  to  remain  open  or  encumbered  for 
a longer  period  than  shall  be  necessary  to  execute  the  work  for  which 
the  same  shall  have  been  opened,  or  without  putting  up  the  necessary 
barriers  and  lights,  so  as  to  effectually  prevent  the  happening  of  any  ac- 
cident in  consequence  of  such  opening  or  encumbering  of  such  street, 
avenue,  alley  or  public  grounds. 

1 5.  Indemnity  clause.]  § 5.  Such  company  or  corporation 
shall  be  liable  to  and  compensate  the  town,  and  pay  any  private  indi- 
vidual, owner  or  owners,  or  parties  interested  in  any  property  adjacent 
to  any  street,  avenue,  alley  or  public  place  opened,  or  injured  by  them, 
for  all  damages  which  may  result  from  leaks  of  pipe  or  by  reason  of 
,such  company  or  corporation  having  negligently  opened,  encumbered, 
protected  or  guarded  any  such  street,  avenue,  or  public  place  in  said 
town. 

i 6.  Subject  to  ordinances  pressure  of  gas.]  §6.  Such 

company  or  corporation  shall  be  subject  to  all  general  ordinances  of 
the  town  of  I^ake  View  in  regard  to  gas  companies,  and  such  company 
or  corporation  shall  supply  gas  under  uniform  and  sufficient  pressure 


§58] 


consumers’  gas,  light  and  fuel  company. 


167 


between  sunset  and  sunrise  of  each  day  and  the  quality  of  the  same  shall 
be  as  nearly  uniform  as  practicable,  averaging  for  any  one  month  not 
less  than  sixteen  sperm  candles  burning  one  hundred  and  twenty 
grains  per  hour,  to  be  determined  by  authorized  photo-metrical  tests, 
a five-foot  burner  being  used. 

1"  7.  Charge  to  consumers.]  § 7.  The  rights  and  privileges 
hereby  granted1  are  upon  the  express  condition  that  no  gas  flowing 
through  any  main  pipe,  feeder  or  service  pipe  laid  by  said  company  or 
corporation  or  by  its  authority  shall  be  charged  for  to  general  consum- 
ers thereof  at  a rate  exceeding  two  dollars  and  fifty  cents  per  thousand 
cubic  feet:  Provided,  that  to  all  consumers  using  at  the  rate  of  one  hun- 
dred thousand  cubic  feet  and  over  per  annum,  a rebate  of  at  least  twen- 
ty-five cents  per  thousand  cubic  feet  shall  be  allowed,  and  to  attempt  to 
collect  at  a greater  rate  than  that  herein  specified  for  gas  consumed 
from  any  such  main  pipes,  shall  work  a forfeiture  of  the  rights  and  priv- 
ileges hereby  granted. 

T 8.  Erection  of  plant — size.]  § 8.  In  the  event  that  said  com- 
pany or  corporation  within  three  (3)  years  from  the  date  of  the  passage 
of  this  ordinance  giving  it  permission  to  lay  its  main  pipes  etc,,  shall 
not  have  built  and  completed  gas  works  in  said  town  sufficiently  ex- 
tensive to  enable  it  to  manufacture  and  distribute  gas  to  an  amount  not 
less  than  one  million  feet  in  every  thirty  days,  and  located  within  the 
limits  of  the  town  of  Lake  View,  and  shall  not  have  commenced  such 
works  and  expended  thereon  at  least  twenty  thousand  dollars,  within 
eighteen  months  from  the  date  of  the  passage  of  this  ordinance,  the 
rights  and  privileges  hereby  granted  shall  cease  and  be  of  no  more  force 
or  effect. 

1 9.  Bond,  conditions  of.]  § 9.  This  ordinance  shall  not  be  in 
force  as  to  said  company  or  corporation  until  it  shall  have  given  and 
filed  in  the  town  clerk’s  office  a good  and  sufficient  bond,  with  two  or 
more  good  and  sufficient  sureties  in  the  penal  sum  of  ten  thousand  dol- 
lars. Conditioned  that  such  company  shall  and  will  within  three  years 
from  the  date  of  the  passage  of  this  ordinance  build  and  complete  gas 
works  in  said  town  sufficiently  extensive  to  enable  it  to  manufacture 
and  distribute  gas  to  an  amount  not  less  than  one  million  feet  in  every 
thirty  days,  and  located  within  the  limits  of  the  town  of  Lake  View,  and 
that  the  rate  to  be  charged  to  the  consumers  of  gas  which  may  flow 
through  the  pipes  laid  by  such  company  or  corporation,  or  by  its  au- 
thority, shall  never  exceed  the  rate  named  and  specified  in  section  7 of 
this  ordinance,  such  bond  and  sureties  to  be  approved  by  the  board  of 
trustees  of  said  town. 


t 


168  GAS.  [§  59 

ECONOMIC  ELECTRIC  LIGHT  AND  GAS  COMPANY. 

§ 59.  Economic  Electric  Light  and  Gas  Company. 

If  1.  The  grant. 

IT  2-  Further  privileges— to  construct,  operate  and  maintain  gas 
works,  with  right  of  storage  for  natural  gas  and  mains, 
feeders,  etc. 

^f  3.  Grant  for  electric  light  works. 

If  4.  Method  of  construction. 

if  5*  Feeder  and  service  pipes. 

it  6.  Restoration  of  streets. 

it  7-  Indemnity  clause. 

it  8.  Acceptance  and  bond. 

it  9.  Permits  for  work. 

it  10.  Price  and  quality  of  gas  specified. 

If  11.  Price  of  electric  light  limited, 
it  12.  Grant  is  to  successors  and  assigns, 
it  13.  Acceptance,  what  to  contain, 
it  14.  Improvement  of  streets. 

it  I5-  Sale  or  transfer  to  a trust  company  prohibited  under  pain  of 
forfeiture  of  the  rights  and  privileges  hereby  granted: 

§ *59.  Ordinance  extending  time  for  completion  of  plant  one 
year. 

An  Ordinance  Granting  Rights  to  the  Economic  Electric  Light  and 
Gas  Company  to  Construct,  Maintain  and  Operate  Gas  and  Elec- 
tric Light  Works  in  Certain  Territory.  (Passed,  approved  and  filed 
November  9,  1887.  Accepted  November  11,  1887.  Bond  filed  and 

approved  November  14,  1887.) 

1 1.  Grant  right  of  way.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park.  § 1.  Permission 
and  authority  are  hereby  granted  to  the  Economic  Electric  Light  and 
Gas  Company  of  Hyde  Park,  to  construct,  maintain,  and  operate  gas 
works  within  the  village  of  Hyde  Park,  together  with  the  right  of  way 
along,  upon,  and  under  all  the  avenues,  streets,  alleys  and  public  places 
in  said  village,  for  the  purpose  of  placing,  operating,  maintaining  and 
repairing  one  or  more  lines  of  gas  mains  and  pipes,  and  all  necessary 
feeders  and  service  pipes  in  connection  therewith,  for  lighting  and  fuel 
purposes. 

2.  Grant  of  right  to  store  gas.]  § 2.  Permission  and 
authority  are  also  hereby  granted  to  the  Economic  Electric  Light  and 
Gas  Company  of  Hyde  Park,  to  construct,  maintain,  and  operate 
works  for  storing  and  distributing  natural  gas  within  the  village  of 
Hyde  Park,  together  with  the  right  of  way  along,  upon,  and  under  all 
the  avenues,  streets,  alleys  and  public  places  in  said  village,  for  the 
purpose  of  placing,  operating,  maintaining  and  repairing  one  or  more 
lines  of  gas  mains  and  pipes,  and  all  necessary  feeders  and  service 
pipes  in  connection  therewith,  for  conveying  natural  gas  for  lighting 
and  fuel  purposes. 

If  3.  Grant  for  electric  light  works.]  § 3.  Permission 
and  authority  are  also  hereby  granted  to  the  Economic  Electric  Light 
and  Gas  Company  of  Hyde  Park  to  construct,  maintain  and  operate 


§ 59]  ECONOMIC  ELECTRIC  LIGHT  AND  GAS  COMPANY.  169 

electric  light  works  within  the  village  of  Hyde  Park,  with  the  right  of 
way  along,  upon,  and  under  all  the  avenues,  streets,  alleys,  and  public 
places  in  said  village,  for  the  purpose  of  placing,  operating,  maintain- 
ing and  repairing  one  or  more  lines  of  wires,  or  other  electric  con- 
ductors or  conduits,  and  all  necessary  feeders,  service  wires,  conductors 
or  conduits  in  connection  therewith,  for  transmitting  electricity  for  the 
purposes  of  lighting  and  motor  power. 

T 4.  Method  of  construction.]  § 4.  All  lines  of  wire,  con- 
ductors or  conduits  for  the  transmission  of  electricity  shall  be  properly 
insulated,  and,  except  when  otherwise  permitted  by  the  board  of  trus- 
tees, shall  be  underground  in  all  places,  except  in  those  parts  of  alleys 
which  are  more  than  fifty  feet  from  the  building  line  at  the  intersection 
of  the  streets  with  said  alleys;  and  in  the  construction  of  said  line  or 
lines,  underground,  no  excavation  therefore  shall  exceed  in  width  the 
space  of  two  feet;  and  in  constructing  such  lines  above  ground,  in 
those  parts  of  the  alleys  in  which,  under  this  ordinance,  the  location  of 
the  wires  above  ground  is  permitted,  said  wires  or  conductors  shall 
be  properly  insulated  and  supported  upon  substantial  poles  not  less 
than  six  inches  in  diameter  and  twenty-five  feet  in  length  with  five  feet 
in  the  ground,  well  tamped.  Said  poles  to  be  not  more  than  one  hun- 
dred and  fifty  feet  apart. 

T 5.  Feeder  and  service  pipes.]  § 5.  In  laying  main  pipes 
for  conducting  gas  in  the  streets  which  are  paved,  said  company  shall 
at  the  same  time  lay  all  feeders  and  service  pipes  to  the  curb  line  of 
the  street  to  connect  with  each  building  lot  along  the  line  of  said  line 
of  pipe,  and  the  charge  to  any  person  desiring  to  connect  with  such 
feeder,  or  service  pipe,  shall  not  exceed  the  sum  of  thirty  cents  per 
foot,  for  such  feeder  or  service  pipe. 

1 6.  Restoration  of  streets.]  § 6.  The  company  shall  do 
no  permanent  injury  to  any  highway,  street,  sidewalk,  alley  or  public 
place,  or  shade  trees,  nor  shall  it  in  any  manner  interfere  with  any  wa- 
ter or  sewer  pipes  which  may  now,  or  may  be  hereafter,  laid  by  the 
village  of  Hyde  Park,  except  by  the  consent  of  duly  authorized  officers 
of  said  village;  and  when  said  company  shall  open  ground  in  any 
highway,  street,  avenue,  alley  or  public  place,  or  lay  pipes,  wires  or 
conductors,  under  any  sidewalk  or  expose  any  viaduct,  sewer  or  gas 
pipe,  said  company  shall  put  up  proper  signal  lights  and  shall  forth- 
with restore  the  street,  highway,  avenue,  alley,  water  pipe,  sewer  or 
gas  pipe,  to  as  good  condition  as  before,  at  its  own  expense,  under  the 
direction  of  the  superintendent  of  public  works  or  other  authorized 
officer,  and  to  the  satisfaction  of  the  board  of  trustees  of  said  village, 
or  the  officer  appointed  or  designated  by  said  board;  and,  if  said  com- 
pany shall  neglect  or  refuse  so  to  do,  the  same  may  be  done  by  said  vil- 
lage, and  said  company  shall  be  liable  for  and  by  acceptance  of  this 
ordinance  agrees  to  pay  cost  and  entire  expense  thereof;  and  said 
company  shall  not  make  any  excavation  in  any  highway,  street,  ave- 
nue, alley  or  public  place,  nor  erect  any  poles,  without  first  procuring 


170 


GAS. 


[S  59 

a written  permit  for  that  purpose,  from  the  superintendent  of  public 
works  or  other  duly  authorized  officer  of  said  village,  which  permit 
may  specify  which  part  of  the  street,  sidewalk,  avenue,  alley  or  public 
place,  the  said  line  or  lines,  conductor  or  conductors,  pipe  or  pipes, 
shall  be  laid;  when  an  excavation  shall  be  made  by  said  company  in 
any  highway,  street,  avenue,  alley  or  public  place,  paved  with  wooden 
blocks,  the  foundation  board  shall  be  removed  without  being  cut,  un- 
less such  cutting  shall  be  specially  permitted  by  the  proper  officers  of 
said  village.  The  said  company  shall,  upon  notice  from  such  officer  of 
said  village,  forthwith  remove  or  change  any  wire,  conductor  or  pipe 
which  may  be  in  the  way  of,  or  interfere  with,  the  public  use  of  any 
street,  including  the  construction  or  erection  of  anv  viaduct,  sewer 
or  water  pipe,  public  building  or  public  structure  within. said  village. 

T 7.  Indemnity  clause.]  § 7.  Said  company  shall  be  liable 
to,  and  by  acceptance  of  this  ordinance  agrees  to  compensate  the  vil- 
lage of  Hyde  Park,  and  pay  any  private  individual  owner  or  owners, 
or  parties  interested  in  any  property  adjacent  to  any  highway,  street, 
avenue,  alley  or  public  place,  opened  or  injured  by  it,  for  all  damages 
which  may  result  from  or  by  reason  of  said  company  having  negli- 
gently opened,  encumbered,  protected  or  guarded  any  such  highway, 
street,  avenue,  alley  or  public  place  in  said  village,  or  from,  or  by  rea- 
son of,  any  negligence  or  fraud  on  the  part  of  said  company  in  the 
exercise  of  any  privilege  granted  by  this  ordinance. 

^ 8.  Acceptance  and  bond.]  § 8.  The  rights  and  privi- 
leges hereby  granted  are  upon  the  express  condition  that  said  com- 
pany shall  file  an  acceptance  thereof  in  writing  and  execute  a bond  to 
the  village  of  Hyde  Park  in  the  sum  of  twenty-five  thousand  ($25,000) 
dollars  with  sureties  satisfactory  to  the  board  of  trustees  of  said  vil- 
lage conditioned  to  indemnify  and  save  harmless  the  village  of  Hyde 
Park  of  and  from  all  damages  which  may  accrue,  or  which  in  any 
manner  may  arise,  or  grow  out  of,  the  exercise  by  said  company  of 
the  privileges  hereby  granted;  and  said  acceptance  shall  be  filed  and 
said  bond  shall  be  executed  and  approved  within  sixty  days  from  the 
passage  of  this  ordinance;  the  execution  of  said  acceptance  and  said 
bond  by  said  company  and  their  delivery  to  and  approval  by  said 
board  of  trustees,  shall  thenceforth  authorize  said  company  to  exercise 
all  and  singular  the  rights,  privileges  and  franchises  hereby  granted. 

^ 9.  Permits  for  work.]  § 9.  In  case  the  duties  herein 
prescribed  to  be  performed  by  the  superintendent  of  public  works  or 
other  authority,  shall  devolve  upon  any  other  department  or  officer, 
the  permits  and  licenses  herein  mentioned  shall  be  granted  by  such  de- 
partment or  officer,  and  the  duties  herein  imposed  upon  the  superin- 
tendent of  public  works  shall  be  performed  by  such  other  officer  or 
department. 

! 10.  Price  and  quality  of  gas.]  § 10.  The  rights  and 
privileges  hereby  granted  are  upon  the  express  condition  that  gas 
furnished  by  said  company  to  consumers  within  the  village  of  Hyde 


§ 59]  ECONOMIC  ELECTRIC  LIGHT  AND  GAS  COMPANY.  171 

Park  shall  be  as  nearly  uniform  in  qualit}^  and  illuminating  power  as 
practicable,  averaging  for  any  one  month  not  less  than  fifteen  sperm 
candles  burning  one  hundred  and  twenty  grains  per  hour  from  a 
burner  using  four  feet  of  gas  per  hour,  and  the  same  shall  be  fur- 
nished at  a cost  and  charge  to  individual  consumers  not  exceeding  one 
dollar  and  twenty-five  cents  ($1.25)  for  each  one  thousand  cubic  feet 
of  gas.  Provided,  that  when  payments  are  made  on  or  before  the 
1 2th  day  of  each  month  a rebate  shall  be  allowed  such  consumers  of 
twenty-five  cents  per  thousand  feet. 

1 11.  Price  of  electric  light.]  § 11.  The  rights  and  priv- 
ileges hereby  granted  are  upon  the  express  condition  that  the  cost  and 
charges  of  furnishing  electric  light  to  individual  consumers  when  fur- 
nished by  said  company,  its  successors  or  assigns,  shall  not  exceed  the 
following  rates,  to  wit:  For  a large  standard  arc  light  of  twelve  hun- 
dred (1,200)  candle  power  the  sum  of  sixty  cents  ($0.60)  for  every 
night  in  which  the  light  is  used  not  more  than  twelve  hours;  and  for 
the  incandescent  lights  a sum  not  exceeding  ten  cents  ($0.10)  each  for 
every  night  in  which  the  light  is  used  not  more  than  twelve  hours. 
And  the  cost  and  charges  of  furnishing  electric  light  to  the  village  of 
Hyde  Park  shall  not  exceed  the  following  rates,  to  wit:  For  arc 
lights  when  furnished  and  used  three  hundred  nights  in  a year;  for 
standard  arc  light  of  twelve  hundred  (1,200)  candle  power,  when  the 
light  is  used  until  midnight  only  of  each  night,  not  to  exceed  the  sum 
of  sixty  ($60)  dollars  per  light  per  year;  for  standard  arc  light  of 
twelve  hundred  (1,200)  candle  power,  when  the  light  is  used  all  night, 
not  to  exceed  the  sum  of  ninety  ($90)  dollars  per  light  per  year;  for 
standard  arc  light  of  two  thousand  (2,000)  candle  power,  when  used 
until  midnight  only  of  each  night,  not  to  exceed  the  sum  of  eighty 
($80)  dollars  per  light  per  year;  for  standard  arc  light  of  two  thousand 
(2,000)  candle  power,  when  used  all  night,  not  to  exceed  the  sum  of 
one  hundred  and  twenty  ($120)  dollars  per  light  per  vear.  For  arc 
lights  when  furnished  every  night  in  the  year;  for  a standard  arc 
light  of  twelve  hundred  (1,200)  candle  power,  when  used  until  mid- 
night of  each  night,  not  to  exceed  the  sum  of  sixty-five  ($65)  dollars 
per  light  per  year;  for  a standard  arc  light  of  twelve  hundred  (1,200) 
candle  power,  when  used  all  night,  not  to  exceed  the  sum  of  one  hun- 
dred ($100)  dollars  per  light  per  year;  for  a standard  arc  light  of 
two  thousand  (2,000)  candle  power,  when  used  all  night  of  each  night 
in  the  year,  not  to  exceed  the  sum  of  one  hundred  and  forty  ($140) 
dollars  per  light  per  year.  For  all  incandescent  lights  of  sixteen  (16) 
candle  power  each,  not  to  exceed  the  sum  of  fifteen  ($15)  dollars  per 
light  per  year,  when  such  incandescent  lights  are  used  for  only  three 
hundred  (300)  nights  in  the  year.  Provided,  that  such  gas  or  electric 
lights  shall  be  furnished  at  the  above  rates  to  said  village  only  upon 
the  condition  that  the  board  of  trustees  of  said  village  shall  make  a 
contract  with  said  company  to  use  and  pay  for  the  said  Fights  for  a 
period  of  at  least  one  year. 


172 


GAS. 


f§  59 


f 12.  Siieccssors  or  assigns.]  § 12.  The  rights,  privileges 
and  franchises  hereby  granted  to  the  Economic  Electric  Light  and 
Eas  Company  shall  extend  to  its  successors  and  assigns  upon  the  con- 
ditions  herein  set  forth. 


13.  Contents  of  acceptance.]  § 13.  The  rights  and  priv- 
ileges hereby  granted  are  upon  the  express  condition  that  by  the  ac- 
ceptance of  this  ordinance  said  Economic  Electric  Light  and  Gas 
Company,  its  successors  and  assigns,  agrees  to  do  and  perform  all  the 
duties,  obligations  and  liabilities,  in  and  by  this  ordinance  imposed 
and  provided  to  be  done  and  performed  by  and  on  the  part  of  said 
company. 


€i  14.  Improvement  of  streets.]  § 14.  The  rights  and 
privileges  hereby  granted  are  upon  the  further  express  condition,  that 
whenever  the  board  of  trustees,  or  their  successors,  shall  order  any 
street  improved  within  the  territory  north  of  63rd  street,  by  paving  or 
macadamizing  the  same,  then  and  in  that  case  the  said  company  shall 
within  sixty  days  after  receiving  notice,  so  to  do,  from  the  proper 
authorities  of  said  village,  or  their  successors,  cause  proper  pipes  to  be 
laid  in  said  street,  sufficient  and  adequate  for  the  supply  of  gas  there- 
in, and  conduits  for  underground  wires  thereon.  Provided,  that  said 
company  shall  not  be  required  to  lay  such  pipes  or  conduits  unless  the 
pipe  and  conduits  so  laid  will  connect  with  their  general  system.  But 
said  company  shall  not  thereafter  have  the  right  to  tear  up  any  such 
street  to  lay  its  pipes  and  conduits  therein,  except  upon  special  per- 
mission from  the  board  of  trustees,  or  their  successors.  Work  shall 
be  commenced  within  one  year,  and  light  furnished,  and  the  works  of 
said  company  be  in  operation  within  eighteen  months  from  the  pas- 
sage of  this  ordinance,  and  the  said  village  shall  have  the  right  to  use 
said  conduits  for  the  laying  of  wires  therein  for  the  use  of  said  village. 

1 15.  Trust  or  combination.]  § 15.  The  rights  and  privi- 
leges hereby  granted  are  upon  the  express  condition  that  in  case  said 
Economic  Electric  Light  and  Gas  Company  shall  transfer  its  stock  or 
its  management  and  control  to  any  trust  or  trust  company,  or  shall 
sell,  convey,  lease,  or  transfer  its  franchises,  rights  or  privileges,  then 
all  rights  and  privileges  hereunder  shall  at  once  cease  and  determine, 
and  shall  be  deemed  and  become  forfeited  and  surrendered  forthwith 
by  virtue  of  such  transfer. 


Note. — See  following  ordinance. 


An  Ordinance  Extending  Time  of  Economic  Electric  Light  and  Gas  Com- 
pany. (Passed,  approved  and  filed  April  3,  1889.  Accepted  April  16,  1889.) 

Extension  of  time.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  the 

time  within  which  the  Economic  Electric  Light  and  Gas  Company  of 
Hyde  Park  shall  commence  work  and  furnish  light,  and  have  the  works 
of  said  company  in  operation  as  provided  by  the  ordinance  passed 


§ 60]  ECONOMIC  LIGHT  AND  HEAT  GAS  COMPANY.  173 

November  9th,  1887,  is  hereby  extended  one  (1)  year  from  the  time 
as  provided  by  said  ordinance. 

And  if  the  said  company  shall  commence  work  within  two  (2) 
years,  and  have  the  works  of  said  company  in  operation  and  furnish 
light  within  thirty  (30)  months,  from  the  date  of  the  passage  of  said 
ordinance,  to  wit:  From  November  9th,  1887,  then  said  company 

shall  be  entitled  to  all  the  rights  and  privileges,  and  subject  to  the 
limitations  and  conditions,  according  to  the  terms  of  said  ordinance 
as  passed  on  November  9th,  1887. 


ECONOMIC  LIGHT  AND  HEAT  GAS  COMPANY. 

§ 60.  Economic  Light  and  Heat  Gas  Company. 

IT  1.  The  grant. 

*![  2.  Construction  of  the  plant,  cost  thereof. 

IT  3.  Bond  of  indemnity. 

IT  4-  Acceptance  and  bond. 

An  Ordinance  Granting  Rights  to  the  Economic  Light  and  Heat 
Gas  Company  to  Maintain  and  Operate  Gas  Works  in  Certain  Terri- 
tory. (Passed  September  13,  1887.  Accepted  October  7,  1887.) 

IT  1.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § 1.  That  the  Economic  Light  and  Heat  Gas  Com- 
pany of  the  town  of  Lake,  or  its  successors  and  assigns,  is  hereby  au- 
thorized and  empowered  to  lay  conductors  and  mains  for  conducting 
gas  through  and  under  such  of  the  avenues,  streets,  lanes,  alleys, 
squares,  and  public  places  of  the  town  of  Lake  as  the  board  of  trustees 
of  said  town  may  hereafter  from  time  to  time,  by  ordinance  or  resolu- 
tion, prescribe:  said  conductors  and  mains  to  be  laid  under  the  super- 
vision, and  to  the  satisfaction  of  the  superintendent  of  public  works  of 
the  town  of  Lake,  at  such  time  and  in  such  manner  as  said  board 
may  in  said  ordinance  or  resolution  designate,  and  said  streets,  lanes, 
alleys,  squares,  and  public  places  shall  be  restored  by  said  company 
under  the  supervision  and  to  the  satisfaction  of  the  superintendent,  of 
public  works  of  the  town  of  Lake,  and  without  any  expense  whatever 
to  said  town,  to  as  good  condition  as  they  were  before  said  work  was 
begun  by  said  company,  and  said  company,  by  the  acceptance  of  this 
ordinance  agrees  to  do  said  work  and  make  said  restoration  as  herein 
provided  and  said  company,  by  the  acceptance  of  this  ordinance, 
further  agrees  to  maintain  said  streets,  lanes,  alleys,  squares  and  public 
places  for  the  period  of  one  (1)  year  after  the  laying  of  said  conductors, 
and  mains  in  any  of  said  streets,  lanes,  alleys,  squares,  and  public 
places  in  good  repair  under  the  supervision,  and  to  the  satisfaction  of 


174 


GAS. 


[§  60 


the  superintendent  of  public  works  of  said  town  of  I^ake,  and  with- 
out expense  to  said  town;  and  in  case  the  said  “Economic  Light  and 
Heat  Gas  Company  of  the  town  of  Lake”  shall  refuse  or  neglect  for  the 
period  of  five  (5)  days  after  receiving  written  notice  from  the  superin- 
tendent of  public  works  of  said  town,  to  make  said  restoration  or  re- 
pairs, then  said  superintendent  of  public  works  may  cause  the  same 
to  be  done  in  such  manner  as  he  may  deem  proper,  and  the  expense 
of  such  work  shall  be  paid  by  said  company  on  demand  of  said  town 
of  Lake. 

1 2.  Construction  of  plant— price.]  § 2.  It  is  furthermore 
understood,  and  by  the  acceptance  of  this  ordinance  agreed  by  said 
Economic  Light  and  Heat  Gas  Company  of  the  town  of  Lake,  its 
successors  and  assigns,  that  within  one  (1)  year  after  the  passage  of 
this  ordinance  said  company  shall  construct  in  said  town  of  Lake 
suitable  buildings,  erections,  and  fixtures  for  the  manufacture  of  gas 
for  consumption  and  use  in  said  town,  at  such  place  in  said  town  as 
said  company  may  desire,  provided  such  place  is  acceptable  to  said 
board  of  trustees,  and  that  all  the  illuminating  gas  supplied  through 
such  conductors  and  mains  shall  have  the  illuminating  power  of  twen- 
ty-five (25)  candles,  and  that  within  sixty  (60)  days  after  the  laying 
of  said  conductors  and  mains,  said  company,  shall  if  desired  by  the 
board  of  trustees  of  said  town,  supply  said  town  and  the  inhabitants 
thereof,  with  such  gas,  and  shall  ever  after  continue  said  supply  at  a 
rate  not  exceeding  one  dollar  and  fifty  cents  ($1.50)  for  each  one  thous- 
and (1,000)  feet  of  illuminating  gas,  and  one  dollar  and  twenty-five 
cents  ($1.25')  for  each  one  thousand  (1,000)  feet  of  heating  gas,  when 
prompt  monthly  payments  are  made,  and  that  all  the  illuminating  gas 
supplied  by  said  company  for  any  public  building  or  office  of  the  cor- 
poration of  said  town  or  to  public  lamps,  shall  be  furnished  at  a rate 
not  to  exceed  one  dollar  and  twenty-five  cents  ($1.25)  for  each  one 
thousand  (1,000)  feet  and  at  no  time  shall  the  price  for  said  illuminat- 
ing or  heating  gas  exceed  that  charged  by  any  other  person,  company, 
or  corporation  having,  or  which  may  hereafter  have  conductors,  and 
mains  laid  in  any  of  the  streets,  lanes,  alleys,  squares,  or  public  places 
of  said  town. 

1 3.  Bond  of  indemnity.]  § 3.  The  rights  and  privileges 
hereby  granted  are  granted  upon  the  further  express  condition  that 
the  said  Economic  Light  and  Heat  Gas  Company  of  the  town  of 
Lake  will  first  enter  into  a bond  with  the  town  of  Lake  to  be  approved 
bv  the  board  of  trustees  of  said  town  with  good  and  sufficient  sureties 
in  the  penal  sum  of  fifty  thousand  ($50,000)  dollars,  conditioned  to 
indemnify  and  save  harmless  said  town  against  and  from  any  and  all 
damages  or  claims  for  damages,  judgments,  decrees,  costs,  and  ex- 
penses, of  the  same  which  said  town  may  suffer,  or  which  may  be  re- 
covered or  obtained  against  said  town,  for  or  by  reason  of  the  granting 
of  the  rights  and  privileges  in  this  ordinance  contained,  or  for  or  by 
reason  of  or  growing  out  of  or  resulting  from  the  passage  of  this  ordi- 


' § 6o] 


ECONOMIC  LIGHT  AND  HEAT  GAS  COMPANY. 


175 


nance,  or  any  resolution  or  ordinance  passed  allowing1  the  said  com- 
pany to  lay  down  conductors  and  mains  in  the  streets  of  said  town  or 
from  any  act  or  acts  of  said  company  under,  or  by  virtue  of  the  au- 
thority herein  granted,  or  the  failure  or  neglect  of  said  company  to 
perform  each  and  every  of  the  said  conditions  upon  which  this  ordi- 
nance is  granted,  and  it  is  hereby  further  provided  ihat  upon  the  re- 
covery of  any  such  final  judgment  or  decree  against  said  town,  as 
aforesaid,  said  company,  shall  immediately  and  without  prior  payment 
of  such  judgment  or  decree,  be  liable  to  pay  and  shall  pay  the  amount 
or  amounts  thereof,  to  said  town,  and  the  fact  that  the  said  town  shall 
not  have  paid  such  judgment  or  decree  shall  constitute  no  defense  on 
the  part  of  said  company;  and  it  is  hereby  further  expressly  provided 
that  in  case  of  the  failure  on  the  part  of  the  said  Economic  Light  and 
Heat  Gas  Company  of  the  town  of  Lake,  its  successors  and  assigns,  to 
perform  any  of  the  conditions  or  provisions  of  this  ordinance,  the 
said  town  of  Lake  shall  not  be  limited  to  an  action  upon  the  bond  of 
said  company  but  may  declare  this  ordinance  and  the  rights  and  privi- 
leges herein  granted,  forfeited  and  may  proceed  at  once  against  said 
company  in  any  suit  or  action  at  law  or  equity  which  it  may  deem 
advisable  or  necessary  for  the  recovery  of  any  money,  damages,  or 
costs,  which  it  may  have  sustained  by  reason  of  such  breach  or  failure, 
and  it  is  hereby  further  provided  that  the  said  Economic  Light  and 
Heat  Gas  Company  of  the  town  of  Lake  shall  renew  said  bond  when- 
ever and  so  often  as  the  said  town  of  Lake  may  desire  or  require. 

4.  Acceptance— filing  of  bond.]  g 4.  This  ordinance 
shall  not  be  in  force  until  its  written  acceptance  by  said  Economic 
Light  and  Heat  Gas  Company  of  the  town  of  Lake,  together  with  the 
bond  herein  provided  for  shall  have  been  filed  with  the  clerk  of  said 
town  of  Lake,  and  unless  said  acceptance  and  said  bond  hereinbefore 
provided  for  shall  be  executed  and  filed  with  the  clerk  of  said  town 
as  aforesaid,  within  thirty  (30)  days  from  the  date  of  the  passage  here- 
of, this  ordinance  shall  be  null  and  void;  and  in  case  of  a failure  on 
the  part  of  said  Economic  Light  and  Heat  Gas  Company  of  the  town 
of  Lake,  its  successors  and  assigns,  to  keep  and  observe  each  and 
every  of  the  conditions  and  provisions  of  this  ordinance,  the  town  of 
Lake  shall  have  the  right  to  repeal  this  ordinance  and  to  forfeit  all 
rights  acquired  hereunder. 


170 


GAS. 


[§6i 


EQUITABLE  GAS  LIGHT  AND  FUEL  COMPANY. 

§ 6 1.  Equitable  Gas  Light  and  Fuel  Company. 

If  i.  Grant. 

If  2.  Pipes — extensions  and  connections. 

If  3.  Restoration  of  streets. 

If  4.  Restriction  as  to  opening  and  incumbering  streets. 

If  5.  Indemnity  clause. 

If  6.  Subject  to  ordinances. 

if  7.  Gas  supply. 

U 8.  Price  on  rates. 

If  q.  Construction  of  the  plant. 

If  ro.  Acceptance  bond — conditions. 

if  11.  Liability  not  limited  by  the  bond. 

if  12.  In  force  from  and  after  passage. 

An  Ordinance  Granting  Rights  to  the  Equitable  Gas  Light  and  Fuel 

Company  to  Construct,  Maintain  and  Operate  Gas  Works.  (Passed 

August  10,  1885.) 

If  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  Subject  to  the  terms  and  conditions  of  this  ordi- 
nance, there  is  hereby  granted  to  the  Equitable  Gas  Light  and  Fuel 
Company,  of  Chicago,  its  successors  and  assigns,  the  right  to  con- 
struct, maintain  and  operate  gas  works  within  the  city  of  Chicago,  to- 
gether with  the  right  of  way  along,  upon  and  under  all  the  avenues, 
streets,  alleys  and  public  places  in  said  city,  for  the  purpose  of  placing, 
operating,  repairing  and  maintaining  one  or  more  lines  of  gas  mains 
and  pipes,  and  all  necessary  feeders  and  service  pipes  in  connection 
therewith,  for  lighting  and  fuel  purposes. 

IT  2.  Pipes— extensions —connections.]  § 2.  Such  company 
or  corporation  shall  not  lay  its  main  pipes  in  any  such  avenue,  street, 
alley  or  public  place  of  said  city,  unless  it  shall  at  the  time  lay  down  all 
feeders  or  service  pipes  necessary  to  make  connections  without  any 
subsequent  disturbance  of  the  pavement  or  surface  of  such  avenue, 
street  or  public  place,  with  each  and  all  building  lots  fronting  or  abut- 
ting thereon,  and  all  service  pipes  or  feeders  laid  by  said  company 
shall  be  coated  with  Dr.  Angus  Smith's  composition,  or  some  other 
equally  good  material,  for  preserving  said  service  pipes  or  feeders 
from  decay.  Such  company  or  corporation  shall  not  charge  any  per- 
son desiring  to  make  a connection  with  any  service  pipe,  laid  or  to  be 
laid  by  such  company  or  corporation,  more  than  twenty-five  cents  a 
foot  for  such  service  pipe  when  laid.  Said  company  shall,  when  so  or- 
dered by  a two-thirds  vote  of  all  the  aldermen  elected,  extend  their 
main  pipes  in  any  block  three-quarters  of  which  shall  be  improved  by 
buildings. 

1 3.  Restoration  of  streets.]  § 3.  Such  company  or  cor- 
poration shall  do  no  permanent  injury  to  any  street,  sidewalk,  alley, 
avenue  or  public  place,  or  shade  tree,  or  in  any  manner  unnecessarily 
disturb  or  interfere  with  any  water  pipe,  sewer  or  gas  pipe  now  or 
hereafter  laid  by  said  city  or  any  authorized  company  or  corporation; 


6 1 ] 


EQUITABLE  GAS  LIGHT  AND  FUEL  COMPANY. 


177 


and  when  such  company  shall  open  ground  in  the  same  it  shall  forth- 
with restore  the  street  pavement,  sidewalk,  or  ground,  or  water  pipe, 
sewer  or  gas  pipe,  to  a condition  equally  as  good  as  before,  at  the  ex- 
pense of  said  company,  and  if  said  company  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  said  city,  and  the  said  company  shall 
be  liable  for  the  cost  thereof;  and  said  company  shall  not  make  any 
excavation  in  any  street,  alley,  avenue  or  public  place  without  first 
procuring  a permit  for  that  purpose  from  the  department  of  public 
works  of  said  city.  When  any  excavation  shall  be  made  by  said  com- 
pany in  any  street,  alley  or  public  place  paved  with  wooden  blocks,  the 
foundation  boards  or  planks  shall  be  removed  without  being  cut,  un- 
less such  cutting  shall  be  specially  permitted  by  the  department  of 
public  works  of  said  city.  The  said  company  shall  not  use  the  public 
fire  hydrants  of  said  city,  nor  any  water  therefrom,  without  a license 
or  permit  from  the  department  of  public  works  of  said  city.  The 
said  company  shall,  upon  notice  from  the  department  of  public  works 
of  said  city,  remove  or  change  any  gas  main  pipe,  service  pipe  or  feed- 
er, which  may  be  in  the  way  of,  or  interfere  with,  the  construction  or 
erection  of  any  viaduct,  public  building  or  other  public  structure  with- 
in said  city. 

IT  4.  Opening  and  incumbering  streets.]  § 4.  Such  com- 
pany or  corporation  shall  not  open  or  incumber  more  of  any  street, 
avenue,  alley  or  public  place,  at  any  one  time,  than  mav  be  necessary 
to  enable  it  to  proceed  with  advantage  in  the  laying  of  any  such  main 
pipes,  feeder  or  service  pipe,  nor  shall  said  company  permit  any  such 
street,  avenue,  alley  or  public  place  to  remain  open  or  incumbered 
for  a longer  period  than  shall  be  necessary  to  execute  the  work  for 
which  the  same  shall  have  been  opened,  or  without  putting  up  the 
necessary  barriers  and  lights,  so  as  to  effectually  prevent  the  happen- 
ing of  any  accident,  in  consequence  of  such  opening  or  incumbering 
of  such  street,  alley,  avenue  or  public  grounds. 

T 5.  Indemnity  clause.]  § 5.  Such  company  or  corporation 
shall  be  liable  to  and  shall  compensate  the  city  of  Chicago,  and  pay 
any  private  individual,  owner  or  owners,  or  parties  interested  in  any 
property  adjacent  to  any  street,  avenue,  alley  or  public  place  opened 
or  injured  by  it,  for  all  damages  which  may  result  from  leaks  of  pipe, 
or  by  reason  of  such  company  having  neglectfully  opened,  incumbered, 
protected  or  guarded  any  such  street,  avenue,  alley  or  public  place  in 
said  city. 

1 6.  Subject  to  ordinances.]  § 6.  Such  company  or  cor- 
poration shall  be  subject  to  all  general  ordinances  of  the  city  of  Chi- 
cago in  regard  to  gas  companies.  And  the  city  of  Chicago  shall  have 
the  right,  at  any  time,  to  provide  for  the  appointment  of  one  or  more 
inspectors  of  gas,  with  all  the  power  and  authority  incident  to  such 
position  and  which  the  said  city  may  deem  necessary  to  protect  the 
city  of  Chicago,  in  its  corporate  rights,  and  individual  consumers  of 
12 


178 


GAS. 


[§  61 


gas  against  oppression  or  fraud;  and,  if  the  said  city  shall  deem  it 
necessary,  to  require  any  inspector  (or  other  city  official)  to  certify  to 
the  correctness  of  all  gas  bills  of  consumers  of  gas  furnished  by  such 
company.  All  meters  used  by  said  company  for  measuring  gas  shall 
be  subject  to  inspection  and  approval  by  such  person  or  persons,  offi- 
cer or  officers,  as  may  be  appointed  by  said  city  for  that  purpose,  and 
said  company  shall  pay  all  reasonable  costs  and  charges  of  such  in- 
spection, the  same  to  be  fixed  by  the  city  council  of  said  city. 

1 7.  Gas  supply.]  § 7.  Such  company  or  corporation  shall 
supply  gas  light  under  uniform  and  sufficient  pressure  between  sunset 
and  sunrise  of  each  day,  and  the  quality  of  the  same  shall  be  as  nearly 
uniform  as  practicable,  averaging  for  any  one  month  not  less  than 
sixteen  sperm  candles,  burning  one  hundred  and  twenty  grains  per 
hours,  to  be  determined  by  authorized  photometrical  tests,  a five-foot 
burner  being  used. 

T 8.  Price.]  § 8.  The  rights  and  privileges  hereby  granted 
are  upon  the  express  condition  that  no  gas  flowing  through  any  main 
pipe,  feeder,  or  service  pipe,  made  by  said  company  or  by  its  authority, 
shall  be  charged  for,  to  general  consumers  thereof,  at  the  rate  ex- 
ceeding one  dollar  and  seventy-five  cents  per  thousand  cubic  feet; 
Provided,  to  all  consumers  using  one  hundred  thousand  cubic  feet  and 
over  per  annum,  a rebate  of  at  least  twenty-five  cents  per  thousand 
feet  shall  be  allowed,  and  to  attempt  to  collect  at  a greater  rate  than 
that  herein  specified  for  gas  consumed  from  any  such  main  pipe,  feed- 
er, or  service  pipe,  shall  work  a forfeiture  of  the  rights  and  privileges 
hereby  granted. 

•[  9.  Construction  of  plant.]  § 9.  In  the  event  that  such 
company  or  corporation,  within  three  years  from  the  date  of  the  pas- 
sage of  this  ordinance,  giving  it  permission  to  lay  its  main  pipes,  etc., 
shall  not  have  built  and  completed  gas  works  in  said  city  sufficiently 
extensive  to  enable  it  to  manufacture  and  distribute  gas  to  an  amount 
not  less  than  ten  million  feet  in  every  thirty  days,  and  located  within 
the  limits  of  the  city  of  Chicago,  and,  shall  not  have  commenced  such 
works  and  expended  thereon  at  least  one  hundred  thousand  dollars 
within  twelve  months  from  the  date  of  the  passage  of  this  ordinance, 
or  if  such  company  shall  at  any  time  enter  into  any  combination,  di- 
rectly or  indirectly,  with  any  gas  company  or  companies,  concerning 
the  rates  (or  price)  to  be  charged  for  gas  either  to  the  city  or  private 
consumers,  or  if  such  company  shall,  directly  or  indirectly,  sell,  lease 
or  transfer  its  rights  and  privileges  hereunder  to  any  gas  company  or 
corporation  now  engaged  in  the  manufacture  and  sale  of  gas  within  the 
city  of  Chicago,  or  commence  to  manufacture  gas,  shall  cease  for  a 
period  of  more  than  ten  consecutive  days  (unless  by  reason  of  un- 
avoidable accident)  to  furnish  gas  through  its  pipes,  the  rights  and 
privileges  hereby  granted  shall  cease  and  be  of  no  more  force  or  effect; 
or  shall  fail  or  refuse  to  extend  their  main  pipe  as  required  by  section 


EQUITABLE  GAS  LIGHT  AND  FUEL  COMPANY. 


179 


2 of  this  ordinance;  and  it  shall  not  require  the  judgment  or  decree  of 
any  court  of  law  or  equity  to  determine  the  said  rights  and  privileges., 
but  the  same  shall  wholly  cease  and  determine,  absolutely  and  at  once, 
upon  the  happening  of  any  of  the  matters  or  things  in  this  section 
specified. 

T 10.  Acceptance  — bond — conditions.]  § io.  This  ordi- 
nance shall  not  be  in  force  as  to  said  company  or  corporation  until  it 
shall  have  been  accepted  by  such  company  or  corporation,  such  accept- 
ance to  be  made  by  a vote  of  such  company  or  corporation  and  notice 
thereof  in  writing  filed  with  the  city  clerk,  nor  until  such  company  shall 
have  given  and  filed  in  the  city  clerk’s  office  a good  and  sufficient 
bond,  with  two  or  more  good  and  sufficient  sureties,  in  the  penal  sum 
of  one  hundred  thousand  dollars,  conditioned  that  such  company  shall 
and  will,  within  three  years  from  the  date  of  the  passage  of  this  ordi- 
nance, build  and  complete  gas  works  in  said  city  sufficiently  extensive 
to  enable  it  to  manufacture  and  distribute  gas  to  an  amount  not  less 
than  ten  million  feet  in  every  thirty  days,  and  located  within  the  limits 
of  the  city  of  Chicago,  and  that  the  rate  to  be  charged  to  the  consumers 
of  gas  which  may  flow  through  the  pipes  laid  by  such  company,  or 
by  its  authority,  shall  never  exceed  the  rate  named  and  specified  in  sec- 
tion 8 of  this  ordinance,  and  that  such  company  will  not  sell,  lease  or 
transfere  its  franchises  and  privileges  to  any  gas  company  now  en- 
gaged in  the  manufacture  and  sale  of  gas  within  the  city  of  Chicago, 
and  shall  and  will  not  enter  any  combination  with  any  other  gas  com- 
pany concerning  the  rate  (or  price)  to  be  charged  for  gas,  and  to  pay 
all  damages  which  the  city  of  Chicago,  or  any  consumer  of  the  gas 
furnished  by  such  company,  shall  suffer  by  reason  of  the  failure  of  such 
company  to  perform  any  of  the  obligations  or  conditions  of  this  ordi- 
nance; such  bond  and  sureties  to  be  approved  by  the  mayor  and  city 
comptroller. 

T 11.  Liability  not  limited  by  bond.]  § n.  The  liability 
of  such  company  or  corporation  to  said  city  or  to  any  person  who  may 
be  injured  by  the  exercise,  by  said  company,  of  any  of  the  rights  and 
privileges  hereby  granted,  shall  not  be  limited  by  the  penalty  of  said 
bond,  nor  shall  the  remedy  against  said  company  be  confined  to  the 
said  bond,  it  being  understood  that  such  remedy  is  merely  cumulative, 
and  that  said  city  of  Chicago,  and  any  person  or  persons,  shall  have 
the  same  temedies  against  said  company  as  it  or  they  would  or  might 
have  if  no  such  bond  were  given.  In  case  the  duties  of  the  department 
of  public  works  shall  be  devolved  by  said  city  on  any  other  department 
or  officer,  the  permits  and  licenses  herein  mentioned  shall  be  applied 
for  to  such  department  or  officer. 

12.  When  in  force.]  § 12.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 


180 


GAS. 


[§62 


HYDE  PARK  GAS  COMPANY. 

§ 62.  Hyde  Park  Gas  Company. 

IT  1.  Grant — conditional  and  provisional. 

2.  Right  to  purchase  reserved. 

II  3.  When  in  force — acceptance. 

4.  Repeal  of  section  two  supra. 

An  Ordinance  Granting  Rights  to  the  Hyde  Park  Gas  Company  to 
Construct  and  Operate  Gas  Works  in  Certain  Territory.  (Passed 
and  approved  June  24,  1871.) 

If  1.  Grant — conditions.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Hyde  Park:  § 1.  That  permission  and 

authority  irrevocable  be,  and  the  same  are  hereby  granted  to  the 
Hyde  Park  Gas  Company,  of  the  town  of  Hyde  Park,  and  state  of 
Illinois,  to  lay  their  gas  mains,  pipes,  feeders  and  service  pipes  in 
any  and  all  of  the  streets,  alleys,  avenues,  highways,  parks,  squares 
and  public  grounds  throughout  said  town,  north  of  the  center  line 
of  Sixty-seventh  (67)  street,  upon  the  following  conditions: 

1st.  Said  company,  when  they  shall  open  the  ground  to  lay  any 
pipe  or  for  any  purpose  whatever,  shall  restore  the  grounds,  streets, 
pavements  and  sidewalks  to  a condition  as  good  as  before  they  opened 
them,  and  satisfactory  to  the  superintendent  of  public  works,  or  such 
other  person  as  the  board  of  trustees  may  appoint,  with  all  convenient 
dispatch. 

2d.  This  permission  shall  be  exclusive  north  of  the  south  line 
of  Sixtieth  (60)  street,  for  the  period  of  fifteen  years  from  this  date: 
Provided,  the  works  of  said  company,  of  sufficient  capacity  to  supply 
said  exclusive  territory  with  gas,  shall  be  erected  and  gas  furnished 
within  eighteen  months  from  this  date,  and  the  works  shall  be  kept  in 
operation,  and  gas  supplied,  and  that  no  more  than  three  dollars  and 
fifty  cents  per  thousand  cubic  feet  shall  be  charged  for  gas  to  con- 
sumers. 

3d.  That  no  transfer  of  the  privileges  hereby  granted  shall  ever 
be  made  to  any  other  company  or  corporation,  or  to  any  individuals, 
except  as  hereinafter  provided,  and  the  general  office  of  said  gas 
company  shall  be  forever  kept  in  said  territory  over  which  said  ex- 
clusive jurisdiction  is  hereby  given. 

«[[  2.  Right  to  purchase.]  § 2.  Whenever  within  the 

period  of  fifteen  years  from  this  date,  in  the  opinion  of  the  board  of 
trustees  of  the  town  of  Hyde  Park,  it  shall  appear  to  be  for  the  benefit 
and  interest  of  the  said  town  that  the  works,  gas  mains,  pipes,  ma- 
chinery fixtures  and  all  other  property,  real,  personal  and  mixed,  be- 
longing to  said  Hyde  Park  Gas  Company  and  necessary  and  conveni- 
ent for  the  purpose  of  manufacturing  and  supplying  the  said  town  and 
the  citizens  thereof  with  gas,  should  be  owned  and  operated  and  con- 
trolled by  the  public  authorities  of  said  town,  the  said  Hyde  Park  Gas 
Company  shall  surrender  ownership,  possession  and  full  control  to  the 
said  board  of  trustees  of  said  town  of  Hyde  Tark  for  the  use  and  bene- 


§«*] 


HVDE  PARK  OAvS  COMPANY. 


181 


fit  of  said  town,  all  of  said  property,  real,  personal  and  mixed,  together 
with  all  works,  machinery  fixtures,  gas  mains,  pipes,  feeders  and  ma- 
terials used  in  the  manufacture  of  gas,  then  on  hand,  upon  the  payment 
to  said  Hyde  Park  Gas  Company  of  the  actual  cost  thereof,  adding 
thereto  the  sum  of  ten  per  cent  per  annum  interest,  from  the  time  of 
such  expenditure  until  such  payment  is  made,  deducting  therefrom 
such  sums  as  may  have  been  realized  by  said  company  as  net  revenue 
from  said  work;  such  cost,  interest  and  net  revenue  to  be  ascertained 
by  three  sworn  commissioners,  one  to  be  appointed  by  said  board  of 
trustees,  one  by  said  Hyde  Park  Gas  Company,  and  a third  by  a judge 
of  the  circuit  court  of  the  county  of  Cook,  state  of  Illinois : Provided, 
that  the  board  of  trustees  shall  have  no  power  to  accept  of  this  option 
and  make  such  purchase  except  for  the  sole  use  of  the  town,  and  that 
the  works  shall  be  exclusively  owned  and  operated  by  said  town. 

T 3.  When  in  force  — acceptance.]  § 3.  The  privileges, 
grants  and  franchises  contained  herein  are  hereby  declared  null  and 
void  unless  the  said  Hyde  Park  Gas  Company  shall,  before  the  ex- 
piration of  thirty  days  from  this  date,  file  with  the  clerk  of  this  board 
their  written  acceptance  and  assent  to  the  conditions  set  forth  in  this 
ordinance. 

Note. — See  following  ordinances. 

Passed  and  approved  November  25,  1871. 

T 4.  Repeal  of  section  two  of  above  ordinance.]  § 6. 

Be  it  ordained  by  the  board  of  trustees  of  the  town  of  Hyde  Park: 
That  section  2 of  the  ordinance  relating  to  the  Hyde  Park  Gas  Com- 
pany, adopted  by  this  board  on  the  24th  day  of  June,  A.  D.  1871,  be, 
and  the  same  is,  hereby  repealed. 

§ 62a.  Hyde  Park  Gas  Company. 

H 7.  Extension  of  grant— restoration  of  streets — damages. 

An  Ordinance  Granting  Further  Rights  to  the  Hyde  Park  Gas 

Company.  (Passed  and  approved  March  15,  1875.) 

T 7.  Extension  of  grant— restoration  of  streets.]  § 7. 

Be  it  ordained  by  the  president  and  board  of  trustees  of  the  village  of 
Hyde  Park:  That  permission  and  authority  be,  and  the  same  are 

hereby  granted  to  the  Hyde  Park  Gas  Company,  of  the  village  of 
Hyde  Park,  to  lay  their  gas  mains,  pipes,  feeders  and  service  pipes 
in  any  and  all  of  the  streets,  alleys,  avenues,  highways,  parks,  squares 
and  public  grounds  throughout  said  village,  south  of  the  center  line 
of  Sixty-seventh  street,  upon  the  following  conditions,  to-wit: 

1st.  Said  company,  when  they  shall  open  the  ground  to  lay  any 
pipe,  or  for  any  other  purpose  whatever,  shall  restore  the  grounds, 
streets,  pavement  and  sidewalks  to  a condition  as  good  in  all  respects 
as  before  they  opened  them,  and  satisfactory  to  the  superintendent  of 
public  works,  or  such  other  person  as  the  president  and  board  of  trus- 
tees of  said  village  shall  from  time  to  time  appoint.  Such  restoration 


i82 


GAS. 


[g  63 


to  be  made  without  unreasonable  delay,  and  all  excavations  to  be 
made  in  such  manner  that  the  public  shall  not  be  unnecessarily  incon- 
venienced thereby. 

2d.  Said  gas  company  to  be  responsible  for  any  and  all  dam- 
ages which  may  be  occasioned  by  or  result  from  the  exercise  of  the 
permission  or  authority  of  this  ordinance,  conferred  to  or  upon  said 
company. 


HYDE  PARK  LIGHT  AND  FUEL  COMPANY. 

§ 63.  Hyde  Park  Light  and  Fuel  Company. 

1 . Grant. 

If  2.  Restoration  of  streets. 

*if  3.  Construction  of  the  plant — price  of  gas. 

TT  4.  Subject  to  ordinances, 
if  5.  Acceptance. 

If  6.  Rights  when  forfeited, 
if  7.  Supply  and  quality  of  gas. 

it  8.  Improvement  of  streets — extension  of  the  system, 
if  9.  When  in  force. 

An  Ordinance  Granting  Rights  to  the  Hyde  Park  Light  and  Fuel 

Company  in  Certain  Territory.  (Passed,  approved  and  filed  November 

9,  1887.  Accepted  November  21,  1887.) 

T 1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and  au- 
thority be  and  the  same  is  hereby  granted  to  the  Hyde  Park  Light  and 
Fuel  Company,  a corporation  of  the  state  of  Illinois,  in  process  of  or- 
ganization, to  lay  its  pipes,  gas  mains,  feeder  and  service  pipes,  for 
light,  heat  or  power,  in  any  and  all  of  the  streets,  alleys,  avenues,  high- 
ways, parks,  squares  and  public  grounds  throughout  the  village  of 
Hyde  Park,  north  of  the  center  line  of  eighty-third  (83rd)  street. 

T 2.  Restoration  of  streets.]  § 2.  Said  Hyde  Park  Light 
and  Fuel  Company,  when  it  shall  open  the  ground  to  lay  any  pipes 
(or  for  any  purpose  whatever),  shall  without  delay,  restore  the  ground, 
streets,  pavements  and  sidewalks  to  a condition  as  good  as  before  they 
opened  them,  and  satisfactory  to  the  superintendent  of  public  works, 
or  such  other  persons  as  the  board  of  trustees  may  appoint. 

1 3.  Construction  of  plant  — price  of  gas.]  § 3.  The 

Hyde  Park  Light  and  Fuel  Company’s  works  shall  be  of  sufficient 
capacity  to  supply  said  territory,  and  shall  be  commenced  within  six 
months  and  gas  furnished,  and  the  works  of  said  company  be  in  full 
operation  within  eighteen  months  from  the  passage  of  this  ordinance, 
and  no  more  than  one  dollar  and  twenty-five  cents  ($1.25)  per  thou- 
sand cubic  feet  shall  be  charged  to  consumers  of  gas. 


HYDE  PARK  LIGHT  AND  FUEL  COMPANY. 


183 


§63] 


Provided,  however,  that  in  case  payment  shall  be  made  by  such 
consumer  on  or  before  the  twelfth  (12th)  day  next  after  the  month  in 
which  the  gas  shall  be  consumed,  a rebate  of  twenty-five  cents  (25) 
per  thousand  cubic  feet  shall  be  allowed  to  such  consumers. 

c 4.  Subject  to  ordinances.]  § 4-  The  said  Hyde  Park 
Light  and  Fuel  Company,  its  successors  and  assigns,  shall  be  subject 
to  all  the  general  ordinances  of  the  village  of  Hyde  Park  in  relation 
to  gas  companies,  now  in  force,  or  which  shall  hereafter  be  in  force, 
in  relation  to  the  government  of  gas  companies,  and  acceptance  of  this 
ordinance  shall  be  deemed  as  an  agreement  and  consent  of  and  by 
said  company,  to  save  and  keep  harmless  the  said  village  of  Hyde  Park 
from  any  and  all  claims  for  damage  of  every  nature  and  kind,  grow- 
ing out  of  any  act  on  the  part  of  said  company,  its  successors  or  as- 
signs, or  their  agents  or  servants. 

% 5.  Acceptance.]  § 5.  The  rights  and  privileges  hereby 
granted  are  upon  the  express  condition  that  the  said  company  shall, 
before  the  expiration  of  thirty  days  from  the  date  of  the  passage 
hereof,  file  with  the  village  clerk,  their  acceptance  in  writing  of  the 
terms  and  conditions  of  this  ordinance. 

1 6.  Rights  forfeited,  when.]  § 6.  The  rights  and  priv- 

ileges hereby  granted  are  upon  the  express  condition  that  in  case  said 
Hyde  Park  Light  and  Fuel  Company  shall  transfer  its  stock  or  its 
management  and  control  to  any  trust  or  trust  company  or  shall  sell, 
convey,  lease  or  transfer  its  franchises,  rights  or  privileges,  then  all 
rights  and  privileges  hereunder  shall  at  once  cease  and  determine,  and 
shall  be  deemed  and  become  forfeited  and  surrendered  forthwith,  by 
virtue  of  such  transfer. 

* 7.  Quality  of  gas.]  § 7.  The  rights  and  privileges  here- 

by granted  are  upon  the  express  condition  that  the  light  furnished  by 
said  company  to  consumers  within  the  village  of  Hyde  Park,  shall  be 
as  nearly  uniform  in  quality  and  volume  as  practicable,  averaging  for 
any  one  month  not  less  than  fifteen  sperm  candles  burning  one  hun- 
dred and  twenty  grains  per  hour,  from  a burner  using  four  feet  of  gas 
per  hour. 

• 8.  Improvement  of  streets  — extension  of  system.] 

§ 8.  The  rights  and  privileges  hereby  granted  are  upon  the  further 
express  condition  that  whenever  the  board  of  trustees,  or  their  suc- 
cessors, shall  order  any  street  improved,  within  the  territory  north  of 
63rd  street  by  paving  or  macadamizing  the  same,  then  and  in  that 
case  the  said  Hyde  Park  Light  and  Fuel  Company  shall,  within  sixty 
days  after  receiving  notice  so  to  do,  from  the  proper  authorities  of 
said  village,  or  their  successors,  cause  proper  pipes  to  be  laid  in  said 
street  sufficient  and  adequate  for  the  supply  of  gas  thereon.  Pro- 
vided, that  said  company  shall  not  be  compelled  to  lay  pipes  upon 
any  such  street,  unless  the  pipe  so  laid  will  connect  with  their  general 


184 


GAS. 


[§  64 


system;  but  said  company  shall  not  thereafter  have  the  right  to  tear  up 
such  street  to  lay  its  pipes  therein,  except  upon  special  permission 
from  the  board  of  trustees. 

IT  9.  When  in  force.]  § 9.  This  ordinance  shall  be  in  force 
from  and  after  its  passage,  and  a failure  to  comply  with  the  terms  and 
conditions  of  this  ordinance  shall  work  a forfeiture  of  the  rights  and 
privileges  hereby  granted. 


METROPOLITAN  GAS  COMPANY  OF  HYDE  PARK. 

§ 64.  Metropolitan  Gas  Company  of  Hyde  Park. 

IT  1.  Grant. 

Tf  2.  Restoration  of  streets. 

3.  Construction  of  works. 

4.  Authority  to  borrow  money. 

An  Ordinance  Granting  Rights  to  the  Metropolitan  Gas  Company 

of  Hyde  Park  to  Construct,  Operate  and  Maintain  Gas  Works  in  Cer- 
tain Territory.  (Passed  and  approved  June  26,  1882.) 

If  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  exclusive  permission 
and  authority  irrevocable  be,  and  the  same  are  hereby  granted  to  the 
Metropolitan  Gas  Company  of  Hyde  Park,  Cook  county,  and  state 
of  Illinois,  to  lay  their  gas  mains,  pipe  feeders  and  service  pipes  in 
any  and  all  of  the  streets,  alleys,  avenues,  highways,  parks,  squares 
and  public  grounds  throughout  said  village  of  Hyde  Park;  Provided, 
that  no  permanent  injury  be  done  to  any  street,  lane  or  highway  in 
said  village. 

1 2.  Restoration  of  streets.]  § 2.  Said  company,  when 
they  shall  open  the  ground  to  lay  any  pipe,  or  for  any  other  purpose 
whatever,  shall  restore  the  grounds,  streets,  pavements  and  sidewalks 
to  a condition  as  good  as  before  they  opened  them,  with  all  convenient 
dispatch.  All  excavations  shall  be  made  in  such  manner  that  the  pub- 
lic shall  not  be  unnecessarily  inconvenienced  thereby. 

1 3.  Construction  of  works.]  § 3.  The  works  of  said 
company,  of  a capacity  to  manufacture  and  deliver  at  least  three  hun- 
dred thousand  feet  of  gas  per  day,  shall  be  commenced  within  five 
years  from  this  date,  and  the  price  of  gas  to  consumers  shall  not  ex- 
ceed two  dollars  and  fifty  cents  per  thousand  cubic  feet. 

T 4.  Authority  to  borrow  money.]  § 4-  The  said  com- 
pany is  hereby  authorized  to  borrow  money,  and  to  mortgage  or  lease 
any  of  its  property  or  franchises. 


§«4] 


METROPOLITAN  GAS  COMPANY  OF  HYDE  PARK. 


185 


1 5.  Franchise  limited  as  to  territory.]  § 5-  Nothing 
herein  contained  shall  extend  to  the  lands  within  the  village  of  Hyde 
Park  south  of  Ninety-fifth  street,  and  west  of  Stoney  Island  avenue  and 
Lake  Calumet. 

Note. — The  above  ordinance  repealed  May  12,  1883. 

g *64.  Metropolitan  Gas  Company  of  Hyde  Park. 

TT  1.  Grant. 

If  2.  Restoration  of  streets. 

if  3.  Construction  of  the  plant — price  of  gas. 

§ f 64.  Metropolitan  Gas  Company  of  Hyde  Park. 

An  Ordinance  Granting  Rights  to  the  Metropolitan  Gas  Company 
of  Hyde  Park  to  Construct,  Operate  and  Maintain  Gas  Works  in 
Certain  Territory.  (Passed  and  approved  August  7,  1882.) 

An  Ordinance  Repealing  the  Ordinance  of  the  Metropolitan  Gas 
Company  of  Hyde  Park  Passed  June  26,  1882,  and  August  7,  1883. 
(Passed  and  approved  May  12,  1883.) 

If  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and  au- 
thority irrevocable  be,  and  the  same  are  hereby  granted  to  the  Metro- 
politan Gas  Company  of  Hyde  Park,  Cook  county,  and  state  of  Illinois, 
to  lay  their  gas  mains,  pipes,  feeders  and  service  pipes  in  any  and  all 
of  the  streets,  alleys,  avenues,  highways,  parks  and  public  grounds 
throughout  said  village  of  Hyde  Park,  and  to  maintain,  use  and  repair 
the  same;  Provided,  that  no  permanent  injury  or  damage  shall  be  done 
to  any  street,  alley,  park  or  highway  in  said  village  of  Hyde  Park. 

1 2.  Restoration  of  streets.]  § 2.  Said  company,  when 
they  shall  open  the  ground  to  lay  any  pipes,  or  for  any  other  purpose 
whatsoever,  shall  restore  the  grounds,  streets,  alleys,  pavements  and 
sidewalks  to  a condition  as  good  as  before  they  opened  them,  with  all 
convenient  dispatch.  All  excavations  shall  be  made  in  such  manner 
that  the  public  shall  not  be  unnecessarily  inconvenienced  thereby. 

3.  Construction  of  plant  — price  of  gas.]  § 3.  The 

works  of  said  company,  of  a capacity  to  manufacture  and  deliver  at 
least  three  hundred  thousand  cubic  feet  of  gas  per  day,  shall  be  com- 
menced within  five  years  from  this  date,  and  the  price  of  gas  to  con- 
sumers shall  not  exceed  three  dollars  per  thousand  feet,  with  a rebate 
to  such  consumers  of  fifty  cents  per  thousand  cubic  feet,  in  case  of 
payment  on  or  before  twelve  days  next  after  the  expiration  of  the 
month  in  which  the  gas  is  used  by  such  consumers:  Provided,  this 

rebate  shall  not  apply  to  street  lamps  and  public  buildings,  the  supply 
therefor  to  be  subject  to  special  agreement. 

Note. — Above  ordinance  repealed.  See  following  ordinance. 

Be  it  ordained  by  the  president  and  board  of  trustees  of  the  village 
of  Hyde  Park.  That  the  ordinance  passed  and  approved  June  26,  1882. 
entitled  “An  ordinance  concerning  the  Metropolitan  Gas  Company  of 


186 


GAS. 


[§  65 

Hyde  Park,”  and  the  ordinance  passed  and  approved  August  7,  1882, 
entitled  “Ordinance  for  the  Metropolitan  Gas  Company  of  Hyde 
Park,”  be  and  the  same  are  hereby  repealed. 

Approved  and  filed  May  12,  1883. 


MUTUAL  FUEL  GAS  COMPANY. 

(Successors  to  Hank  & McClary.) 

§ 65.  Mutual  Fuel  Gas  Company. 

IT  i*  Grant. 

2.  Restoration  of  streets. 

Hi  3.  Barriers  and  signal  lights. 

If  4.  Indemnity  clause. 

If  5.  Subject  to  ordinances. 

If  6.  Reservation  of  rights. 

IF  7.  Improvement  of  streets — extension  of  system. 

If  8.  Construction  of  the  plant — forfeiture. 

If  9.  Oil  pipes,  character  of  prescribed,  with  escape  system. 

IF  10.  Liquidated  damages— bond. 

IF  11.  Quality  and  price  of  gas. 

IF  12.  Rights  forfeited,  when. 

IF  13.  When  in  force — acceptance  and  bond. 

An  Ordinance  Granting  Rights  to  Hank  & McClary  to  Construct, 
Operate  and  Maintain  Gas  Works  and  to  Pipe  Oil  in  Certain  Terri- 
tory. (Passed,  approved,  accepted  and  filed  March  21,  1889.) 

T 1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and  au- 
thority be  and  are  hereby  granted  to  Charles  D.  Hank  and  Nelson  A. 
McClary,  subject  to  the  provisions  hereinafter  contained,  to  construct, 
maintain  and  operate  a system  of  works  within  the  village  of  Hyde 
Park  to  enable  said  Hank  and  McClary  or  their  assigns,  to  receive, 
produce  and  furnish  for  sale  natural  and  other  gas  and  petroleum  oil, 
or  either  of  them ; and  to  enable  said  Hank  and  McClary  and  their  as- 
signs, to  deliver  such  gas  and  oil  to  their  customers,  the  right  of  way 
is  hereby  granted  to  them  along,  upon  and  under  all  avenues,  streets, 
alleys  and  public  places,  rivers  and  canals  in  said  village  for  the  pur- 
pose of  laying,  operating,  maintaining  and  repairing  pipes,  tubes,  feed- 
ers and  service  pipes  in  connection  with  the  said  business  of  said 
Hank  and  McClary,  and  their  assigns;  Provided,  that  this  ordinance 
shall  not  grant  authority  to  pipe  oil  north  of  67th  street  in  said  village. 

1 2.  Restoration  of  streets.]  § 2.  Said  Hank  and  Mc- 
Clary, or  their  assigns,  shall  do  no  permanent  injury  to  any  street, 
sidewalk,  alley,  avenue  or  public  place,  or  in  any  manner  unnecessarily 
disturb  or  interfere  with  any  water  pipes,  sewer  or  gas  pipe,  telegraph 


MUTUAL  FUEL  GAS  COMPANY. 


187 


65] 


or  electric  wires,  cables  or  pipes  now  laid,  or  hereafter  to  be  laid,  by,  or 
by  authority  of  said  village;  that  in  laying  their  said  pipes  no  greater 
distance  than  one  quarter  of  a mile  shall  be  opened  at  any  one  time, 
and  the  work  shall  be  done  continuously  and  speedily  prosecuted  to 
completion  under  the  direction  of  the  superintendent  of  public  works, 
or  other  proper  officer  of  said  village;  that  any  streets,  lanes,  roads  or 
alleys  open  for  the  purpose  aforesaid  shall  be  immediately  restored  to 
a condition  equally  as  good  as  before  opened  by  or  for  the  benefit  of 
said  Hank  and  McClary  and  their  assigns,  by  the  superintendent  of 
public  works  or  other  proper  officer  of  said  village,  and  the  said  super- 
intendent of  public  works,  or  other  proper  officer  of  said  village  shall 
make  an  estimate  of  the  cost  of  restoring  each  section  not  exceeding 
one-quarter  of  a mile,  as  aforesaid,  to  a condition  equally  as  good  as 
before;  and  payment  of  the  amount  of  the  said  estimate  shall  be  made 
by  said  Hank  and  McClary  or  their  assigns,  to  the  comptroller  of  the 
said  village  before  such  street,  lane,  road  or  alley  shall  be  opened,  and 
in  no  case  shall  the  village  be  held  liable  for  any  loss  or  damage  that 
may  occur  in  the  restoring  of  such  street,  lane,  road  or  alley  as  afore- 
said; Provided,  however,  that  if  the  said  Hank  and  McClary  and  their 
assigns  shall  restore  each  section,  as  aforesaid,  of  said  street,  lane  or 
alley  to  a condition  satisfactory  to  the  superintendent  of  public  works, 
or  other  proper  officer  of  said  village,  within  fifteen  (15)  days  after 
the  same  shall  have  been  opened,  by  or  for  said  Hank  and  McClary, 
or  their  assigns,  then  the  amount  of  deposit  as  aforesaid  shall  be  re- 
turned to  said  Hank  and  McClary  or  their  assigns,  upon  the  order  of 
the  said  superintendent  of  public  works  or  other  proper  officer. 


IF  3.  Barriers  and  signal  lights.]  § 3.  Said  Hank  and 
McClary,  or  their  assigns,  shall  put  ujxall  necessary  barriers,  lights  and 
signals  to  prevent  the  happening  of  any  accident  in  consequence  of  any 
opening  or  incumbrance  of  any  street,  alley,  lane,  avenues  or  public 
ground  in  said  village. 

9 4.  Indemnity  clause.]  § 4.  Said  Hank  and  McClary,  or 
their  assigns,  shall  be  liable  to  and  by  the  acceptance  of  this  ordinance, 
agree  to  pay  and  compensate  the  village  of  Hyde  Park,  or  any  private 
individual,  owner  or  parties  interested  in  any  property  adjacent  to  any 
street,  avenue,  alley  or  public  ground  opened  or  injured  by  them,  for 
all  damages  such  party  may  suffer  caused  by  or  resulting  from  negli- 
gence or  want  of  proper  care  and  skill  in  the  construction  of  their 
works  or  lines  of  pipes,  or  in  opening,  incumbering,  refilling  or  guard- 
ing any  opening  or  obstruction  of  any  street,  alley  or  public  place  in 
said  village,  or  growing  out  of  the  escape  of  any  oil  or  gas  contained 
in  or  conducted  through  such  pipes  or  tubes  of  said  company. 

15.  Subject  to  ordinances.]  § 5.  Said  Hank  and  Mc- 
Clary, or  their  assigns,  shall  be  subjected  to  all  general  ordinances  of 
the  village  of  Hyde  Park  in  regard  to  gas  company  or  companies  of  a 


188  GAS.  [§  65 

similar  character  or  business  or  relating  to  the  supply  of  petroleum 
oil,  now  in  force  or  which  may  be  hereafter  passed. 

1 6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde 
Park,  for  itself  and  citizens,  reserves  the  right  to  put  in  sewerage,  water 
and  other  pipes,  and  any  and  all  improvements  which  it  may  deem  nec- 
essary or  proper,  at  any  and  all  times,  in  its  streets,  alleys,  or  public 
grounds  without  any  liability  to  said  Hank  & McClary  or  their  as- 
signs, for  so  doing,  and  on  reasonable  notice  said  Hank  and  McClary, 
or  their  assigns,  shall  take  proper  care  of  their  own  pipes  and  property 
in  such  streets,  alleys  or  public  grounds. 

T 7.  Improvement  of  streets  — extension  of  system.] 

§ 7.  Whenever  the  board  of  trustees  or  their  successors  shall  pro- 
vide for  the  improvement  of  any  street  by  paving  or  macadamizing 
the  same,  the  said  Hank  and  McClary,  or  their  assigns,  shall,  within 
sixty  (60)  days  after  receiving  notice  from  the  department  of  public 
works,  or  other  proper  authority,  cause  pipes  suitable  for  the  supply 
of  gas  upon  said  street  to  be  laid  therein,  including  such  main  or  ser- 
vice pipes,  feeders  and  house  connections  to  the  curb  lines  of  said 
street,  and  connecting  with  the  building  lots  thereon,  as  may  be  nec- 
essary or  proper.  Provided,  however,  that  said  Hank  and  McClary, 
or  their  assigns,  shall  not  be  required  to  lay  pipe  in  any  such  street 
unless  ordered  so  to  do  by  the  board  of  trustees,  unless  the  pipe  so  laid 
shall  connect  with  the  general  system  of  said  Hank  and  McClary,  or 
their  assigns;  and  provided  further,  that  in  case  of  the  failure  of  said 
Hank  and  McClary,  or  their  assigns,  after  such  notice  to  lay  such  pipe 
and  connections  prior  to  such  improvements,  said  Hank  and  McClary 
and  their  assigns  shall  not  thereafter  have  the  right  to  tear  up  said 
street  nor  any  part  thereof,  except  upon  permission  of  the  board  of 
trustees  or  their  successors,  first  specially  had  and  obtained. 

1 8.  Construction  of  plant  — forfeiture.]  § 8.  Said  Hank 
and  McClary  or  their  assigns,  shall,  unless  prevented  by  due  process 
of  law,  commence  the  erection  of  gas  works  within  six  months  from 
the  date  of  passage  of  this  ordinance,  and  shall  complete  said  works 
and  furnish  gas  for  fuel,  power,  light  or  heat  within  eighteen  (18) 
months  from  said  date,  said  works  to  be  commenced  and  completed 
in  good  faith,  to  be  of  a permanent  character  and  to  have  a capacity 
of  not  less  than  two  hundred  and  fifty  thousand  (250,000)  cubic  feet 
of  gas  per  day,  and  to  be  intended  to  produce  and  supply  to  consumers 
regularly  not  less  than  said  two  hundred  and  fifty  thousand  cubic  feet 
of  gas  per  day.  If  said  Hank  and  McClary  or  their  assigns,  shall  fail 
to  so  commence  said  works  and  complete  the  same,  and  furnish  gas 
within  said  periods  of  six  (6)  and  eighteen  (18)  months  or  having  com- 
menced to  supply  gas,  they  shall,  unless  for  causes  beyond  the  con- 
trol of  said  Hank  and  McClary,  or  their  assigns,  cease  to  supply  gas 
for  fuel,  power,  light  or  heat  for  a period  of  more  than  thirty  (30)  days, 


MUTUAL  FUEL  GAS  COMPANY. 


189 


§ 65] 


then  the  rights  and  privileges  hereby  granted  shall  cease  and  be  of  no 
more  force  and  effect.  Provided,  however,  that  if  said  Hank  and  Mc- 
Clary,  or  their  assigns,  shall  be  delayed  by  any  ordinance  or  resolution 
of  the  village  of  Hyde  Park,  then  the  period  of  any  and  all  such  de- 
lays shall  be  added  to  said  periods  of  six  (6)  and  eighteen  (18)  months. 

«[  9.  Oil  pipes,  character  of— escape  system.]  § 9.  The 
pipes  for  oil  and  for  high  pressure  natural  gas,  that  is  having  a pres- 
sure exceeding  ten  (10)  pounds  to  the  square  inch,  shall  be  of  wrought 
iron  of  the  best  material  and  with  joints  of  the  best  known  character 
for  securing  natural  gas  or  oil.  Said  pipes  shall  be  placed  at  least 
three  (3)  feet  below  the  surface  of  the  ground,  and  it  is  hereby  made 
the  duty  of  said  Hank  and  McClary,  or  their  assigns,  to  provide  an 
escape  system  to  carry  off  superfluous  natural  gas  or  oil  to  relieve 
undue  pressure  and  prevent  explosion. 

1 10.  Liquidated  damages  — bond.]  § 10.  Said  Hank  and 
McClary  shall  forfeit  and  pay  to  the  said  village  of  Hyde  Park  the  sum 
of  twenty  thousand  ($20,000)  dollars,  as  liquidated  damages  in  case 
they,  or  their  assigns  shall  fail  to  commence  the  erection  of  gas  works 
within  six  (6)  months  from  the  date  of  the  passage  of  this  ordinance, 
or  in  case  they  shall  fail  to  complete  said  works  and  furnish  gas  within 
eighteen  (18)  months  from  said  date,  as  provided  by  section  8,  hereof; 
and  said  Hank  and  McClary  shall,  within  sixty  (60)  days  from  and  after 
the  date  of  the  passage  of  this  ordinance,  execute  and  file  with  the 
president  of  the  village  of  Hyde  Park  a good  and  sufficient  bond  in 
the  penal  sum  of  fifty  thousand  ($50,000)  dollars,  to  be  approved  by 
the  board  of  trustees,  conditioned  that  said  Hank  and  McClary  and 
their  assigns,  shall  at  all  times  save  said  village  harmless  from  and  on 
account  of  all  injury  to  persons  or  property  that  may  be  caused  by 
the  acts  of  the  said  Hank  and  McClary,  or  their  assigns,  or  their  em- 
ployes, or  by  the  escape  of  their  gas  or  oil,  and  to  make  good  and  pay 
for  all  injury  and  damage  to  the  property  of  the  said  village  of  Hyde 
Park  that  may  be  in  any  wise  caused  by  the  operations  of  the  said 
Hank  and  McClary,  or  their  assigns,  hereunder,  and  further  con- 
ditioned to  pay  the  said  village  of  Hyde  Park  said  sum  of  twenty  thou- 
sand ($20,000)  dollars,  liquidated  damages  provided  for  in  this  section. 

• 11.  Price  of  gas  — quality.]  §11.  Said  Hank  and  Mc- 
Clary, or  their  assigns,  shall  not  charge  nor  collect  more  than  one  dol- 
lar and  twenty-five  cents  ($1.25)  per  thousand  cubic  feet  for  gas  for 
illuminating  purposes,  not  more  than  ninety  cents  ($.90)  per  thou- 
sand cubic  feet  for  gas  for  heating  purposes,  with  a rebate  of  twenty 
per  cent  (20  per  cent)  on  said  above  prices  in  case  of  payment  on  or 
before  the  twelfth  (12th)  day  of  the  month  next  succeeding  that  in 
which  such  gas  is  used  by  consumers  thereof.  When  said  Hank  and 
McClary,  or  their  assigns,  shall  furnish  illuminating  gas,  then  said 
Hank  and  McClary  or  their  assigns,  shall  supply  gas  light  under  uni- 
form and  sufficient  pressure  between  sunset  and  sunrise  of  each  day, 


190 


GAS. 


[§  66 

and  the  quality  of  the  same  shall  be  as  nearly  uniform  as  practicable, 
averaging  for  any  one  month  not  less  than  sixteen  (16)  sperm  candles, 
burning  one  hundred  and  twenty  (120)  grains  per  hour;  to  be  deter- 
mined by  authorized  photometrical  tests,  a five  (5)  foot  burner  being 
used,  and  provided,  the  rights  and  privileges  hereby  granted  are  upon 
the  express  condition  that  said  Hank  and  McClary,  or  their  assigns, 
shall  not  charge  the  village  of  Hyde  Park  more  than  ninety  cents  ($.90) 
per  thousand  cubic  feet  for  illuminating  gas,  and  not  more  than  sixty- 
five  cents  ($.65)  per  thousand  cubic  feet  for  heating  gas. 

H 12.  Rights  forfeited,  when,]  § 12.  No  transfer  of  the 
privileges  hereby  granted  shall  ever  be  made  except  by  said  Hank  and 
McClary,  but  no  transfer  shall  be  made  by  their  assigns,  and  should 
Hank  and  McClary,  or  their  assigns  become  a party  to  any  trust  or 
combination  respecting  the  quantity  or  quality  or  price  of  gas  or  oil, 
any  such  transfer,  combination  or  transaction  shall  work  a forfeiture 
of  the  rights  and  privileges  hereby  granted. 

1 13.  When  in  force— acceptance  and  bond.]  § 13. 
This  ordinance  shall  take  effect  and  be  in  force  when  and  as  soon  as 
said  Hank  and  McClary  or  their  assigns,  shall  file  with  the  clerk  of 
the  village  of  Hyde  Park  their  acceptance  in  writing  thereof,  together 
with  their  bond,  as  hereinbefore  provided,  and  in  case  said  Hank  and 
McClary,  or  their  assigns,  shall  not  file  said  acceptance  in  writing,  and 
said  bond,  within  sixty  (60)  days  after  the  passage  and  approval  of  this 
ordinance,  then  this  ordinance  shall  be  and  become  void  and  without 
force  and  effect. 


NORTH  WESTERN  GAS  WORKS  COMPANY. 

§ 66.  North  Western  Gas  Works. 

IF  1.  Grant. 

IT  2.  Erection  of  the  plant. 

U 3-  Public  lamps. 

IT  4.  Style  of  lamps. 

5.  Town  to  pay  cost  of  placing. 

^T  6.  Price  of  gas. 

*[  7.  Exclusive  privileges. 

■[  8.  Mains,  when  and  how  to  be  laid. 

•[  9.  Number  of  public  lamps,  specified. 

10.  Public  lamps,  how  to  be  paid  for. 
m,\  11.  Lighting  isolated  streets. 

If  12.  When  in  force — acceptance. 

An  Ordinance  Granting  Rights  to  the  North  Western  Gas  Works 
Company  in  Certain  Territory.  (Passed  July  5,  1881.) 

1 1*.  Grant.]  Be  it  ordained  and  enacted  by  the  board  of  trus- 
tees of  the  town  of  Lake,  and  it  is  hereby  enacted  by  authority  of  the 


§66] 


NORTH  WESTERN  GAS  WORKS  COMPANY. 


191 


same:  § i.  That  exclusive  and  irrevocable  privilege  and  authority  is 
hereby  granted  to  the  said  North  Western  Gas  Works  Company,  a cor- 
poration, existing  by  virtue  of  the  laws  of  New  York,  its  assigns  and 
representatives,  to  furnish  illuminating  gas  for  the  period  of  twenty- 
five  years,  and  to  open  such  streets,  alleys,  avenues,  highways  and  pub- 
lic grounds  in  the  said  town  of  Lake  as  may  be  necessary  to  enable 
said  gas  works  company  to  lay  down,  operate,  maintain  and  extend  its 
street  mains  and  service  pipes.  The  privileges  and  authority  hereby 
granted  are  upon  the  following  express  conditions: 

First.  That  the  said  gas  works  company,  its  successors  and  as- 
signs, shall  and  will  forever  indemnify  and  save  harmless  the  said  town 
of  Lake  against  all  and  from  any  and  all  damages,  judgments,  decrees, 
costs  and  expenses  of  the  same  which  it  may  suffer,  or  which  may  be 
recovered  or  obtained  against  said  town  of  Lake,  for  or  by  reason  of 
the  granting  of  such  privileges  and  authority,  or  for  or  by  reason  of,  or 
growing  out  of,  or  resulting  from  the  passage  of  this  ordinance,  or  any 
# other  matter  or  thing  connected  therewith,  or  with  the  exercise  by  said 
company,  its  grantees  or  assigns,  under,  or  by  virtue  of  the  provisions 
of  this  ordinance. 

Second.  That  the  said  gas  company,  its  successors  and  assigns, 
shall  place  all  such  streets,  avenues,  highways  and  public  grounds  in 
as  good  condition  as  they  were  before  said  work  was  begun. 

Third.  That,  the  main  supply  pipes  of  said  gas  company  shall  be 
laid  on  a line  parallel  to  and  ten  (io)  feet  west  of  the  center  line  of  all 
streets  running  north  and  south,  and  on  a line  parallel  to  and  ten  (io) 
feet  south  of  the  center  line  of  all  streets  running  east  and  west,  unless 
otherwise  ordered  by  the  board  of  trustees,  and  in  such  a manner  as  to 
not  interfere  with  any  improvements  said  board  may  deem  proper  to 
make  upon  such  streets,  alleys,  avenues,  highways  and  public  grounds, 
or  have  made  heretofore. 

® 2.  Erection  of  plant.]  § 2.  That  for  and  in  considera- 
tion of  the  foregoing  exclusive  privilege  and  authority,  it  shall  be  ob- 
ligatory upon  such  gas  works  company,  its  successors,  representatives 
and  assigns,  to  construct  in  said  town  of  Lake  suitable  buildings,  erec- 
tions and  fixtures  for  the  manufacture  of  gas  for  consumption  and  use 
in  said  town,  at  such  place  in  said  town  as  said  company  may  desire, 
provided,  such  place  is  acceptable  to  said  board  of  trustees,  and  to  lay 
mains  along  such  streets,  alleys,  avenues,  highways  and  public  grounds 
as  the  exigencies  of  business  and  private  demands  of  the  inhabitants 
of  said  town  may  require,  and  where  the  consumption  of  gas  will  jus- 
tify the  laying  of  mains  and  service  pipes;  and  to  furnish  and  supply 
gas  to  such  public  lamps  along  the  line  of  such  main  pipes  as  may  be 
laid,  as  specially  provided  by  this  ordinance,  and  as  shall  also  be  or- 
dered from  time  to  time  by  the  board  of  trustees  of  said  town;  such 
public  lamps  to  have  burners  which  will  furnish  an  equivalent  in  il- 
luminating value  to  that  produced  by  a burner  consuming  four  (4) 


192 


GAS. 


[§  66 

cubic  feet  of  good  coal  gas  per  hour,  including  the  lighting,  extin- 
guishing, cleansing  and  repairing  of  said  street  and  public  lamps,  the 
price  therefor  to  be  paid  by  said  town,  thirty-two  50-100  dollars  per 
lamp  per  annum,  and  when  the  number  of  lamps  shall  reach  two  hun- 
dred and  fifty,  then  at  the  price  of  thirty  dollars  per  lamp  per  annum, 
and  when  the  number  of  lamps  shall  reach  five  hundred  or  upward, 
then  at  the  price  of  twenty-seven  50-100  dollars  per  lamp  per  annum 
for  the  first  ten  years  of  the  life  of  this  ordinance,  and  for  the  balance 
of  the  term  or  life  of  this  ordinance  at  such  price  as  may  be  mutually 
agreed  upon,  not  to  be  less  than  twenty  ($20)  dollars  per  lamp  per  an- 
num, to  be  paid  monthly  in  all  cases  except  as  to  the  first  year  hereof, 
and  for  gas  consumed  and  services  in  connection  with  said  lamps  for 
such  first  year  payment  shall  be  made  by  a warrant  upon  the  treasurer 
of  said  town,  to  be  paid  out  of  a fund  collected  by  special  assessments 
on  property  deemed  benefited,  to  be  levied  during  the  year  1881,  and 
if  the  same  can  not,  for  any  reason,  be  so  paid,  then  out  of  the  general 
fund  of  said  town. 

IT  3.  Public  lamps.]  § 3.  That  said  lamps  are  to  be  lighted 

and  extinguished  in  accordance  with  what  is  known  as  the  Philadelphia 
scale  or  standard  of  time. 

T 4.  Style  of  lamps.]  § 4-  That  the  style  of  the  first  one 

hundred  twenty-five  (125)  lamps  to  be  used  shall  be  what  is  known  as 
the  Stewart  improvement,  and  the  style  of  the  lafnp  post  to  be  used 
shall  be  like  that  now  used  in  the  city  of  Chicago. 

IT  5.  Town  to  pay  cost  of  placing  public  lamps.]  § 5. 

That  said  town  of  Lake  shall  pay  for  putting  in  all  pipes,  posts  and 
fixtures  for  its  own  use  and  benefit  from  the  main  pipes,  where  the 
connection  is  made;  said  pipes  and  fixtures  to  be  put  in  under  the 
supervision  of  said  company  or  their  representatives. 

T 6.  Price  of  gas.]  § 6.  That  said  company  shall  furnish 

gas  to  citizens,  residents  and  manufacturers  of  said  town,  for  their 
private  consumption,  at  a price  not  to  exceed  two  (2)  dollars  and  fifty 
(50)  cents  for  the  equivalent  in  illuminating  power  or  value  of  one 
thousand  (1000)  cubic  feet  of  good  coal  gas  of  fourteen  (14)  candle 
power,  said  citizens,  residents  or  manufacturers  to  pay  for  putting  in 
the  necessary  pipes  and  fixtures  to  connect  the  point  of  consumption 
with  the  main  pipes — such  connection  to  be  put  in  under  the  super- 
vision of  said  gas  works  company  or  their  representatives. 

1 7.  Exclusive  privilege.]  § 7.  That  the  said  town  of  Lake 
further  agrees  that  the  right  to  light  its  streets,  highways,  public 
grounds  or  buildings  shall  not  be  granted  to  any  other  corporation, 
corporations,  person  or  persons  whatsoever  during  the  term  of  this 
ordinance,  and  to  purchase  from  said  company  or  its  representatives 
so  much  gas  as  may  be  required  to  properly  illuminate  such  principal 
streets  and  public  grounds  of  said  town  during  the  term  of  this  or- 


NORTH  WESTERN  GAS  WORKS  COMPANY. 


193 


§ 66J 


dinance,  as  its  board  of  trustees  may  from  time  to  time  order  to  be 
supplied  with  gas  and  lighted  as  aforesaid. 

8.  Laying  mains.]  § 8.  Said  gas  works  company  to  com- 
mence work  witiiin  thirty  (30)  days  from  the  acceptance  ot  this  or- 
dinance, and  carry  the  same  steadily  forward  until  mains  are  laid  in 
the  following-named  streets,  to-wit:  Halsted  street  from  Thirty-ninth 
street  to  Forty-third  street,  in  Forty- third  street  from  Halsted  street 
to  Wentworth  avenue,  in  Wentworth  avenue  from  Thirty-ninth  street 
to  Sixty-seventh  street,  in  Forty-seventh  street  from  Wentworth  ave- 
nue to  State  street,  in  Fifty-first  street  from  School  street  to  the  tracks 
of  the  Chicago,  Rock  Island  and  Pacific  Railroad  Company,  in  Thirty- 
ninth  street  from  Wentworth  avenue  to  State  street,  and  in  State  street 
from  Thirty-ninth  street  to  Fortieth  street.  The  laying  of  said  pipes 
in  said  streets  to  be  completed  during  the  year  eighteen  hundred  and 
eighty-one  (1881),  unavoidable  delays  excepted,  and  in  case  such  de- 
lays occur,  to  be  completed  as  soon  thereafter  as  practicable,  due  dil- 
igence to  be  exercised  in  the  prosecution  of  the  work  by  said  gas  works 
company. 

1 9.  Number  of  public  lamps.]  § 9.  That  at  least  one 
hundred  and  twenty-five  public  lamps  shall  be  erected  on  the  line  of 
said  main  pipes  as  soon  as  said  gas  works  company  are  prepared  to 
furnish  gas  for  the  same.  That  said  gas  works  company,  by  acceptance 
of  this  ordinance,  agree  to  furnish  said  one  hundred  and  twenty-five 
(125)  lamp  posts  and  lanterns  of  the  style  above  mentioned  in  the  or- 
dinance, together  with  lamp  posts,  cocks  and  burners  of  the  style  and 
pattern  generally  used  in  the  principal  cities  of  the  country,  at  sixteen 
(16)  dollars  and  forty  (40)  cents  each;  and  for  service  pipes,  excava- 
tions and  labor  necessary  to  put  the  same  in  order  for  lighting,  three 
(3)  dollars  and  sixty  (60)  cents  each  additional  for  each  lamp  post. 

1 10.  Public  lamps,  how  paid  for.]  § 10.  That  the 
one  hundred  and  twenty-five  (125)  lamps,  lamp  posts,  burners  and 
cocks  above  mentioned  shall  be  paid  for  by  warrant  drawn  on  the 
treasurer  of  said  town,  to  be  paid  out  of  a fund  when  collected,  to  be 
collected  by  special  assessment  on  the  property  deemed  benefited  by 
the  erection  of  said  lamps  and  lamp  posts,  to  be  levied  during  the  year 
eighteen  hundred  and  eighty-one  (1881). 

T 11.  Lighting  isolated  ^streets.]  § 11.  That  in  case  the 

board  of  trustees  shall  deem  it  necessary  to  light  streets  in  isolated 
localities,  where  the  consumption  of  gas  will  not  warrant  the  laying 
of  pipes,  said  company  shall  light  the  same  with  oil  or  gasoline  lamps, 
at  a price  to  be  mutually  agreed  upon  by  said  board  of  trustees  and 
said  company,  at  a price  as  low  as  any  responsible  parties  will  agree 
to  light  the  same. 

T 12.  When  in  force — acceptance.]  § 12.  This  ordinance 

shall  take  effect  and  be  in  force  frorq  and  after  its  passage  and  accept- 

13  * 


194 


GAS. 


[§  67 

ance,  and  to  be  void  unless  the  said  gas  works  company  shall  file  its 
written  acceptance  of  the  same  with  the  town  clerk  of  said  town  of 
Lake,  within  twenty  (20)  days  after  its  passage. 


OGDEN  GAS  COMPANY. 

§ 67.  Ogden  Gas  Company. 

IT  1.  Grant. 

■f  2-  Service  pipes. 

IT  3-  Restoration  of  streets. 

IF  4-  Opening  and  incumbering  streets. 

if  5-  Indemnity  clause. 

if  6.  Subject  to  ordinances. 

it  7.  Quality  and  supply  of  gas. 

it  8.  Price  of  gas. 

if  9.  Compensation  to  the  city. 

it  10.  Construction  of  the  plant. 

^t  11.  Acceptance — bond. 

M 12.  Liability  not  limited  by  the  bond. 

if  13.  Rights  when  forfeited.  ‘ 

if  14.  Term  of  grant  50  years. 

it  15.  In  force  from  and  after  passage. 

An  Ordinance  Granting  the  Right  to  the  Ogden  Gas  Company  to 

Construct,  Maintain  and  Operate  Gas  Works  Within  the  City  of 

Chicago.  (Passed  February  25,  1895.  Accepted  March  4,  1895.) 

f 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  Subject  to  the  terms  and  conditions  of  this  ordinance, 
there  is  hereby  granted  to  the  Ogden  Gas  Company,  a corporation 
created  and  existing  under  and  by  virtue  of  the  laws  of  the  state  of  Ill- 
inois, the  right  to  construct,  repair,  maintain  and  operate  gas  works 
within  the  city  of  Chicago,  together  with  right  of  way  along,  upon  and 
under  all  the  avenues,  streets,  alleys  and  public  places  in  said  city,  and 
under  the  Chicago  river  and  its  branches,  for  the  purpose  of  placing, 
operating,  repairing  and  maintaining  one  or  more  lines  of  gas  mains 
and  pipes,  and  all  necessary  feeders  and  service  pipes  in  connection 
therewith,  for  lighting  and  fuel  purposes. 

1 2.  Service  pipes.]  § 2.  Said  Ogden  Gas  Company  shall 
not  charge  any  person  desiring  to  make  connection  with  any  service 
pipe  laid  or  to  be  laid  by  said  company,  but  all  service  pipes  sltall  be 
laid  by  said  company  at  its  own  expense. 

1 3.  Restoration  of  streets.]  § 3.  Said  Ogden  Gas  Com- 
pany shall  not  do  any  permanent  injury  to  any  street,  sidewalk,  alley, 
avenue  or  public  place,  or  shade  tree,  or  in  any  manner  unnecessarily 
disturb  or  interfere  with  any  water  pipes,  sewer  or  gas  pipe  now  or 


OGDEN  GAS  COMPANY. 


195 


67] 


hereafter  laid  by  said  city,  or  any  authorized  company  or  corpora- 
tion, and  when  said  company  shall  open  ground  in  the  same,  it  shall 
forthwith  restore  the  street  pavement,  sidewalk  or  ground,  or  water 
pipes,  sewer  or  gas  pipes,  to  a condition  equally  as  good  as  before,  at 
its  own  expense,  and  if  said  company  shall  fail  or  refuse  to  do  so,  the 
same  may  be  done  by  the  said  city,  and  the  said  company  shall  be  liable 
for  the  cost  thereof.  Said  Ogden  Gas  Company  shall  not  make  any 
excavation  in  any  street,  alley,  avenue  or  public  place,  without  first 
securing  a permit  for  that  purpose  from  the  department  of  public 
works  of  the  said  city,  and  whenever  said  company  shall  make  applica- 
tion in  writing  to  such  department  for  such  permit  or  permits,  and 
shall  have  complied  with  all  the  terms  and  conditions  of  this  section  of 
this  ordinance,  it  shall  be  the  duty  of  such  department  to  forthwith 
issue  such  permit  or  permits.  When  any  excavation  shall  be  made  by 
said  company  in  any  street,  alley  or  public  place  paved  with  wooden 
blocks,  the  foundation  boards  or  planks  shall  be  removed  without  be- 
ing cut,  unless  such  cutting  shall  be  especially  permitted  by  the  de- 
partment of  public  works  of  said  city.  The  said  company  shall  not  use 
the  public  fire  hydrants  of  said  city,  or  any  water  therefrom,  without 
a license  or  permit  of  the  department  of  public  works  of  said  city,  which 
license  shall  be  granted  by  said  department  upon  said  Ogden  Gas 
Company  paying  or  agreeing  to  pay  the  fee  for  water,  as  the  same  is 
fixed  by  the  ordinances  of  the  said  city.  The  said  company  shall,  upon 
notice  from  the  department  of  public  works  of  said  city,  remove  or 
change,  at  its  own  expense,  any  gas  main,  pipe,  service  pipe  or  feeder 
which  may  be  in  the  way  of  or  interfere  with,  the  construction  or  erec- 
tion of  any  viaduct,  public  building  or  any  other  public  structure 
within  said  city. 

When  said  company  shall  first  apply  to  the  department  of  public 
works  of  said  city  of  Chicago  for  a permit,  as  herein  provided,  the 
said  company  shall  deposit  with  said  department  the  sum  of  twenty 
thousand  ($20,000)  dollars,  as  a guaranty  that  said  company  shall  re- 
store the  streets,  pavements,  sidewalks,  grounds,  water  pipes,  sewer 
or  gas  pipes,  to  a condition  equally  as  good  as  before,  and  if  said  com- 
pany shall  fail  or  refuse  to  so  restore  said  streets,  pavements,  side- 
walks, grounds,  water  pipes,  sewer  or  gas  pipe,  to  a condition  equally 
as  good  as  before,  within  a reasonable  time  after  notice  served  upon 
said  company  so  to  do,  then  said  deposit,  or  so  much  thereof  as  may 
be  necessary,  may  be  used  by  said  department  for  such  purposes.  The 
balance  of  such  deposit,  if  any  there  be,  shall  be  returned  to  said  com- 
pany; or,  in  case  said  company  shall  so  restore  such  streets,  pavements, 
sidewalks,  grounds,  water  pipes,  sewer  or  gas  pipes,  to  a condition 
equally  as  good  as  before,  then  such  deposit  shall  be  returned  to  said 
company. 

€ 4.  Opening  and  incumbering  streets.]  § 4.  Said  Og- 
den Gas  Company  shall  not  open  and  encumber  more  of  any  street, 


196 


GAS. 


[§67 


avenue,  alley  or  public  place,  at  any  one  time,  than  may  be  necessary 
to  enable  it  to  proceed  with  advantage  in  the  laying  of  any  such  mam 
pipes,  feeders  or  service  pipes,  nor  shall  said  company  permit  any 
such  street,  avenue,  alley  or  public  place,  to  remain  open  or  encum- 
bered for  a longer  period  than  shall  be  necessary  to  execute  the  work 
for  which  the  same  shall  have  been  opened,  or  without  putting  up  the 
necessary  barrier  and  lights,  so  as  to  effectually  prevent  the  happen- 
ing of  any  accident  in  consequence  of  such  opening  or  encumbering  of 
such  street,  alley,  avenue  or  public  grounds.  In  the  district  bounded 
by  1 2th  street  on  the  south,  the  Chicago  river  on  the  west  and  north, 
and  Lake  Michigan  on  the  east,  no  excavation  of  the  street  shall  be 
permitted  except  between  the  hours  of  10  p.  m.  and  6 a.  m.,  and  then 
only  upon  condition  that  the  street  shall  be  restored  to  a passable  con- 
dition for  traffic  purposes  during  the  hours  from  6 a.  m.  to  10  p.  m. 

% 5.  Indemnity  clause.]  § 5.  Said  Ogden  Gas  Company 
shall  be  liable  to  and  shall  compensate  the  city  of  Chicago  and  pay 
any  private  individual,  owner  or  owners,  or  parties  interested  in  any 
property  adjacent  to  any  street,  avenue,  alley  or  public  place,  opened 
or  injured  by  it,  for  all  damages  which  may  result  by  reason  of  said 
company  having  negligently  opened,  encumbered,  protected  or 
guarded  any  such  street,  alley,  avenue  or  public  place  in  said  city. 

1"  6.  Subject  to  ordinances.]  § 6.  Said  Ogden  Gas  Com- 
pany shall  be  subject  to  all  general  ordinances  of  the  city  of  Chicago 
now  in  force,  in  regard  to  gas  companies,  and  the  city  of  Chicago 
shall  have  the  right,  at  any  time,  to  provide  for  the  appointment  of  an 
inspector  of  gas,  with  the  power  and  authority  incident  to  such  posi- 
tion, and  which  the  said  city  of  Chicago  may  deem  necessary  to  pro- 
tect the  city  of  Chicago  in  its  corporate  rights,  and  individual  con- 
sumers of  gas,  against  oppression  or  fraud.  All  meters  used  by  said 
company  for  measuring  gas  shall  be  subject  to  inspection  and  approval 
by  such  person  or  officer  as  may  be  appointed  by  the  said  city  for  that 
purpose,  and  said  company  shall  pay  all  such  reasonable  costs  and 
charges  of  such  inspection  as  may  be  fixed  by  the  city  council  of  said 
city. 

1 7.  Quality  of  gas.]  § 7.  Said  Ogden  Gas  Company 
shall  supply  illuminating  gas,  the  quality  of  which  shall  be  as  nearly 
uniform  as  practicable,  averaging  for  any  one  month  not  less  than 
twenty-two  (22)  sperm  candles,  burning  one  hundred  and  twenty  (120) 
grains  per  hour,  to  be  determined  by  authorized  photometrical  test,  a 
five-foot  burner  being  used. 

8.  Price  of  gas.]  § 8.  The  maximum  price  to  be  charged 
by  said  company  for  gas  to  be  furnished  by  it  to  consumers,  other  than 
the  city  of  Chicago,  is  hereby  fixed  at  90  cents  per  one  thousand  cubic 
feet;  Provided,  that  said  company  shall  have  the  right  to  charge  and 
collect  an  additional  ten  (10)  cents  per  thousand  cubic  feet  if  bills  are 


67] 


OGDEN  GAS  COMPANY. 


197 


not  paid  by  a certain  date  in  each  calendar  month,  to  be  fixed  by  said 
company  and  stated  in  said  bills.  Said  company  shall  furnish  illumin- 
ating gas  to  the  city  of  Chicago  at  the  rate  of  not  exceeding  seventy- 
five  (75)  cents  per  one  thousand  cubic  feet,  for  all  public  buildings  or 
street  lamps. 

The  city  of  Chicago  reserves  the  right  to  require  the  said  company, 
in  addition  to  furnishing  gas  for  its  street  lamps,  to  light  and  extin- 
guish the  same;  and  in  such  case  the  said  company  agrees  to  furnish 
gas  for  street  lighting,  including  the  labor  of  lighting  and  extinguish- 
ing, at  not  exceeding  sixteen  dollars  ($16.00)  per  annum  for  each  street 
lamp  consuming  four  (4)  cubic  feet  of  gas  per  hour. 

9.  Compensation.]  § 9.  The  rights  and  privileges  hereby 
granted  are  upon  the  express  condition  that  the  Ogden  Gas  Company 
shall  pay  annually  to  said  city  of  Chicago,  for  and  in  consideration  of 
the  rights  and  privileges  hereby  granted,  an  amount  equal  to  three 
and  one-half  (3^2)  per  centum  per  annum  of  the  gross  revenue  and 
receipts  of  said  company  from  the  sale  of  gas.  Such  payments  shall 
be  made  in  the  manner  following,  at  the  expiration  of  one  year  from 
the  time  said  company  shall  commence  to  distribute  gas  in  the  said 
city  of  Chicago:  The  president  or  other  chief  officer  of  the  said  com- 
pany shall  file  with  the  comptroller  of  said  city  of  Chicago  a statement, 
under  oath,  showing  the  amount  of  gross  annual  revenue  or  receipts 
of  said  company  for  the  preceding  year,  and  shall'  at  the  same  time 
pay  to  said  comptroller  the  said  amount  of  3^2  per  centum  on  the  an- 
nual gross  revenue  or  receipts  from  the  sale  of  gas,  said  respective 
payments  to  be  made,  as  herein  described,  annually.  Such  statement, 
however,  shall  not  be  final  or  binding  upon  the  city,  and  the  comp- 
troller of  the  city  of  Chicago,  or  his  authorized  agent,  shall  at  all  times, 
upon  such  statement  being  made  as  herein  contemplated,  have  the 
right  to  examine  the  books  of  the  said  company,  showing  the  gross 
receipts  of  the  said  company,  to  verify  such  statement. 

If  10.  Construction  of  plant.]  § 10.  The  rights  and  priv- 
ileges hereby  granted  are  upon  the  express  condition  that  the  said 
Ogden  Gas  Company  shall,  within  three  (3)  years  from  the  date  of 
the  acceptance  of  this  ordinance,  have  built  and  completed,  or  other- 
wise acquired,  gas  works  in  said  city  sufficiently  extensive  to  enable 
it  to  manufacture  and  distribute  gas  to  an  amount  not  less  than  five 
million  cubic  feet  in  every  thirty  days,  and  shall  have  expended  on 
such  gas  works  at  least  $100,000.00  within  twenty-four  months  from 
the  date  of  the  acceptance  of  this  ordinance,  but  the  time  during  which 
any  legal  proceeding  shall  be  pending,  whereby  the  said  company  shall 
be  prevented  from  or  delayed  in  building  and  completing  or  acquiring 
such  gas  works,  or  in  expending  such  sum  of  money,  shall  be  ex- 
cluded from  the  time  herein  prescribed  for  building,  completing  or  ac- 
quiring of  such  gas  works  and  the  expending  of  said  one  hundred  thou- 
sand ($100,000)  dollars. 


198 


GAS. 


[§  67 

f 11.  Acceptance  — bond.]  § n.  This  ordinance  shall  not 
be  in  force  as  to  said  Ogden  Gas  Company  until  it  shall  have  been  ac- 
cepted by  said  company,  such  acceptance  to  be  made,  and  notice 
thereof  in  writing  filed  with  the  city  clerk,  within  ninety  (90)  days  from 
the  passage  of  the  same,  nor  until  said  company  shall  have  given  and 
filed  in  the  city  clerk’s  office  a good  and  sufficient  bond,  with  two  or 
more  good  and  sufficient  sureties,  in  the  penal  sum  of  $ioo,oco.oo,  con- 
ditioned that  the  said  company  shall  and  will,  within  three  (3)  years 
from  the  date  of  acceptance  of  this  ordinance  by  said  company,  build 
and  complete,  or  otherwise  acquire,  gas  works  in  said  city  sufficiently 
extensive  to  enable  it  to  manufacture  and  distribute  gas  to  an  amount 
not  less  than  five  million  cubic  feet  in  every  thirty  days,  and  located 
within  the  limits  of  the  city  of  Chicago,  and  that  the  rate  to  be  charged 
for  gas  furnished  by  it  to  consumers  shall  never  exceed  the  rate  named 
and  specified  in  section  8 of  this  ordinance,  and  to  pay  all  damages 
which  the  city  of  Chicago,  or  any  individual  consumer  of  gas  manu- 
factured by  said  Ogden  Gas  Company,  shall  suffer  by  reason  of  the 
failure  by  said  company  to  perform  any  obligations  or  conditions  of 
this  ordinance,  such  bond  and  sureties  to  be  approved  by  the  mayor. 

IT  12.  Liability  not  limited  by  bond.]  § 12.  The  liabil- 
ity of  said  Ogden  Gas  Company  to  said  city,  or  any  person  who  may 
be  injured  by  the  exercise  by  the  said  company  of  any  of  the  rights 
and  privileges  hereby  granted,  shall  not  be  limited  by  the  penalty  of 
said  bond,  nor  shall  the  remedy  against  said  company  be  confined  to 
said  bond,  it  being  understood  that  such  remedy  is  merely  accumu- 
lative, and  that  said  city  of  Chicago,  and  any  person  or  persons,  shall 
have  the  same  remedy  against  said  company  as  it  or  they  would  or 
might  have  if  no  such  bond  were  given.  In  case  the  duties  of  the  de- 
partment of  public  works  shall  be  devolved  by  said  city  on  any  other 
department  or  officer,  the  permits  and  licenses  herein  mentioned  shall 
be  applied  for  to  and  issued  by  such  department  or  officer. 

1 13.  Rights  forfeited,  when.]  § 13.  The  rights  and 
privileges  hereby  granted  are  upon  the  express  condition  that  said 
company  shall  not  at  any  time,  directly  or  indirectly,  sell,  lease  or 
transfer  its  plant,  property,  rights  or  privileges  herein  authorized,  to 
any  other  gas  company,  trust  or  corporation,  now  or  hereafter  engaged 
in  the  manufacturing  and  sale  of  gas  in  the  city  of  Chicago,  and  if  the 
said  company  shall,  directly  or  indirectly,  sell,  lease  or  transfer  its 
plant,  property,  rights  or  privileges  herein  authorized  to  any  other  gas 
company,  trust  or  corporation,  now  or  hereafter  engaged  in  the  man- 
ufacture of  gas  in  said  city,  or  if  said  company,  having  commenced 
to  manufacture  gas,  shall  cease  for  the  period  of  more  than  ten  (10) 
consecutive  days,  unless  by  reason  of  unavoidable  accident  or  injunc- 
tion, to  furnish  gas  through  its  pipes,  as  required  by  this  ordinance, 
then  the  rights  and  privileges  hereby  granted  shall  cease,  and  be  of  no 
more  force  and  effect,  and  the  entire  gas  plant  of  said  company,  to- 


OGDEN  GAS  COMPANY. 


199 


§ 67] 

gether  with  all  its  machinery,  tools,  appliances,  mains,  pipes  and  other 
property  of  every  name,  nature  and  description,  shall  be  forfeited  to 
said  city  of  Chicago,  as  and  for  agreed  and  liquidated  damages  for  the 
failure  of  said  company  to  comply  with  the  requirements  and  condi- 
tions of  this  section  of  'this  ordinance. 

IT  14.  Term  of  grant.]  § 14.  The  rights  and  privileges 
hereby  granted  by  this  ordinance  are  granted  for  the  term  of  fifty  (50) 
years  from  and  after  the  acceptance  of  this  ordinance,  and  the  rights 
and  privileges  hereby  granted  are  upon  the  further  express  condition 
that  at  the  end  of  said  term  of  fifty  years  from  and  after  the  acceptance 
of  this  ordinance,  the  said  city  of  Chicago  shall  have  the  right  to  pur- 
chase the  entire  plant  of  the  said  company,  and  all  its  property  and 
effects  of  every  kind  and  description  within  said  fity  of  Chicago,  at  an 
appraised  value  which  shall  be  ascertained  and  determined  by  three 
competent  and  disinterested  appraisers,  who  shall  have  full  access  to 
all  books,  papers  and  other  documents  bearing  on  or  appertaining  to 
the  subject,  and  such  appraisers  shall  be  selected  in  the  following  man- 
ner, to-wit:  One  of  said  appraisers  shall  be  appointed  by  the  said 

city  of  Chicago,  one  by  said  company,  and  the  two  so  selected  shall 
choose  a third,  and  if  said  two  appraisers  cannot  agree  upon  a third, 
then  such  third  appraiser  shall  be  selected  by  the  chief  justice  of  the 
circuit  court  of  Cook  county,  Illinois,  and  the  said  three  appraisers 
so  chosen  shall,  within  six  (6)  months  after  the  appointment  of  the  last 
appraiser,  make  report  in  writing  of  the  value  of  said  property  to  said 
city  of  Chicago  and  to  the  said  company,  and  the  said  city  of  Chicago 
shall  have  the  option,  at  any  time  within  six  (6)  months  after  the  re- 
ceipt of  said  report,  to  purchase  said  plant  and  property,  together  with 
all  its  appurtenances  and  equipments,  at  the  appraised  value  so  fixed 
by  said  appraisers;  Provided,  however,  that  if  said  city  shall  so  elect 
to  so  purchase  said  gas  plant,  then  said  company  shall  have  the  right 
to  operate  the  said  plant  and  receive  the  profit  therefrom  during  the 
time  such  arbitration  is  in  progress,  and  until  the  same  shall  be  com- 
pleted and  the  purchase  price  as  fixed  by  the  arbitration,  has  been  paid. 

* 15,  When  in  force.]  § 15.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 

Note. — See  following  repealing  ordinance. 

§ *67.  Ogden  Gas  Company. 

*[  1.  Ordinance  § 67  repealed. 

it  2.  In  force  from  and  after  passage. 

An  Ordinance  Repealing  an  Ordinance  Passed  February  25,  1895, 

Granting  Certain  Rights  to  the  Ogden  Gas  Company. 

Preamble.  Whereas,  The  record  of  the  council  proceedings 
shows  that  an  ordinance  purports  to  have  been  passed  on  February 
25th,  1895,  by  the  city  council  of  the  city  of  Chicago,  granting  certain 
rights  and  privileges  to  the  Ogden  Gas  Company;  and, 


200  gas.  [§  68 

Whereas,  the  passage  of  such  ordinance  was  improper  and  illegal; 
therefore, 

If  1.  Repeal.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § i.  That  the  ordinance  granting  certain  rights  and  priv- 
ileges to  the  Ogden  Gas  Company,  passed  on  February  25th,  1895,  by 
the  city  council  of  the  city  of  Chicago,  be,  and  the  same  is  hereby,  re- 
pealed. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in 
force  and  effect  from  and  after  its  passage. 


PEOPLES  GAS  LIGHT  AND  COKE  COMPANY. 

§ 68.  Peoples  Gas  Light  and  Coke  Company. 

If  1.  Grant. 

An  Ordinance  Concerning  the  Peoples  Gas  Light  and  Coke  Company. 

(Parsed  August  30,  1858.) 

If  1.  Authority  to  lay  mains,  etc.— limitation  of  power.] 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1. 
That  permission  and  authority  be  and  the  same  are  hereby  granted  to 
the  Peoples  Gas  Light  and  Coke  Company,  of  the  city  of  Chicago  and 
state  of  Illinois,  to  lay  their  gas  mains,  pipes,  feeders  and  service  pipes 
in  any  of  the  streets,  alleys,  avenues,  highways,  public  parks  or  squares 
throughout  said  city,  subject  at  all  times,  however,  to  the  resolutions 
and  ordinances  of  the  common  council  of  said  city;  Provided,  that 
said  company  when  they  shall  open  the  ground  to  lay  any  pipe,  or  for 
any  other  purposes  whatever,  they  shall  restore  the  streets,  pavements 
and  sidewalks  to  a condition  satisfactory  to  the  city  superintendent,  with 
all  convenient  dispatch,  and  no  more  of  any  street  or  alley  shall  be 
opened  or  encumbered  at  any  one  time  or  in  any  one  place,  nor  shall 
any  street  or  alley  be  suffered  to  remain  open  or  encumbered  for  a 
longer  period  than  shall  be  strictly  necessary  to  enable  said  company 
to  proceed  with  their  work;  and  said  company  shall  be  liable  for  all 
damages  which  may  result  from  or  bv  reason  of  opening  or  encumber- 
ing any  street,  alley  or  sidewalk  in  said  citv  of  Chicago;  and  provided 
further,  that  whenever  said  company  shall  desire  to  lay  their  pipe  or 
do  other  work  in  any  of  the  principal  streets  of  said  city,  before  they 
commence  doing  so  they  shall  consult  the  mayor  or  city  superintendent 
of  public  works  and  unless  the  mayor  or  superintendent  consent  to 
such  work  being  done  at  the  particular  time,  they  shall  not  proceed 
with  such  work  on  any  such  principal  street,  without  the  express  per- 
mission of  the  common  council  of  said  city  of  Chicago;  and  Provided, 


PEOPLES  GAS  LIGHT  AND  COKE  COMPANY. 


201 


*68] 


further  that  nothing  herein  contained  shall  be  construed  to  conflict 
with  any  rights  or  privileges  heretofore  given,  by  the  common  council 
to  the  Chicago  Gas  Light  & Coke  Company  or  in  conflict  with  the  pro- 
visions contained  in  the  act  of  incorporation  of  the  People’s  Gas  Light 
& Coke  Company,  to  first  obtain  the  consent  of  the  Chicago  Gas  Light 
& Coke  Company,  if  pipes  are  laid  previous  to  February  12th,  A.  D. 

1859- 

§ *68.  Peoples  Gas  Light  and  Coke  Company. 

1.  Grant. 

Hi  2.  Notice  of  opening  streets. 

Hi  3.  Restoration  of  streets. 

Hf  4.  Quality  and  price  of  gas. 

Hi  5.  Extension  of  mains. 

Hi  6.  Acceptance. 

H[  7.  Subject  to  ordinances. 


An  Ordinance  Granting  to  the  Peoples  Gas  Light  and  Coke^Com- 

PANY,  OF  THE  ClTY  OF  CHICAGO,  COUNTY  OF  COOK  AND  STATE  OF  ILLINOIS, 

the  Right  to  Lay  Mains  and  Sell  Gas  Within  Certain  Territory. 

(Passed  and  approved  January  10,  1885.) 

1 1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Jefferson:  § 1.  That  permission  and  au- 

thority be  and  the  same  are  hereby  granted  to  the  Peoples  Gas  Light 
and  Coke  Company  to  supply  and  sell  gas  made  from  substances 
generally  used  in  the  manufacture  of  the  same,  to  be  used  for  heating 
and  illuminating  purposes,  within  the  village  of  Jefferson,  and  to  lay 
and  maintain  gas  mains  and  service  pipes  for  distributing  said  gas  in 
any  of  the  public  streets,  alleys,  avenues,  highways  or  grounds  within 
the  limits  of  said  village. 

1 2.  Notice  of  opening  streets.]  § 2.  That  before  said 
company  shall  open  any  street,  alley,  highway  or  other  public  place  for 
the  purpose  of  introducing  its  mains  or  service  pipes  it  shall  cause 
notice  of  its  intention  so  to  do,  to  be  given  to  the  corporate  authorities 
of  said  village,  specifying  in  such  notice  the  streets  or  parts  of  street, 
alley  or  other  public  place  in  which  it  is  proposed  to  introduce  such 
pipes. 

T 3.  Restoration  of  streets.]  § 3.  In  all  cases  where  said 
company  shall  open  any  street,  alley  or  other  public  place  within  said 
village,  for  the  purpose  of  laying  its  pipes  therein,  it  shall  restore  the 
same  to  its  former  condition  as  nearly  as  practicable,  with  as  little  de- 
lay as  possible,  and  no  more  of  any  street,  alley  or  other  public  place 
shall  be  disturbed  or  incumbered  in  the  laying  of  said  pipes,  nor  shall 
the  same  remain  open  or  incumbered  for  a longer  time  than  shall  be 
necessary  to  enable  said  company  to  complete  its  work  as  above  pro- 
vided; and  said  company  shall  be  liable  for  any  and  all  damages,  re- 
sulting from  its  negligent  conduct  in  the  prosecution  of  said  work  and 
from  its  failure  and  neglect  to  properly  guard  and  protect  the  excava- 
tions made  by  it  in  the  progress  thereof. 


202 


GAS. 


[§  f68 


1 4.  Quality  and  price  of  gas.]  § 4.  The  said  company 
shall  furnish  gas  for  consumption  within  said  village  of  an  illuminat- 
ing power  of  not  less  than  sixteen  (i6)candles  and  to  the  corporate 
authorities  of  said  village  for  the  lighting  of  the  streets,  public  build- 
ings and  public  places  within  said  village,  at  the  same  price  as  in  the 
city  of  Chicago,  to  be  measured  in  such  manner  as  may  be  agreed 
upon  between  said  company  and  the  corporate  authorities  of  said  vil- 
lage, and  the  price  of  gas  to  private  consumers  within  said  village  shall 
be  the  same  and  upon  the  same  terms  as  to  the  citizens  of  the  city  of 
Chicago.  And  all  street  lamps  that  shall  be  erected  by  said  village 
along  the  public  streets  in  which  the  gas  mains  of  said  company  shall 
be  laid,  shall  be  connected  with  said  mains  and  shall  immediately  and 
continually  thereafter,  at  all  proper  hours  of  the  night  be  furnished 
with  the  gas  of,  and  by  the  said  company,  for  the  lighting  of  said 
streets,  and  said  village  shall  pay  for  the  gas  so  consumed  at  and  after 
the  price  and  rate  aforesaid.  Settlements  and  payments  to  be  made 
quarter-yearly.  The  schedule  of  the  time  for  lighting  and  extinguish- 
ing said  street  lamps  and  the  size  of  burners  therein  to  be  the  same 
now  in  use  in  the  city  of  Chicago. 

IT  5.  Extension  of  mains.]  § 5.  The  said  company  shall 
within  six  (6)  months  of  the  date  of  the  passage  of  this  ordinance,  lay 
in  the  streets  or  alleys  of  said  village  of  Jefferson,  at  least  three  (3) 
miles  of  street  mains  with  proper  service  pipes  connected  therewith, 
for  the  supply  of  gas  to  actual  consumers,  and  shall  thereafter  extend 
said  mains  and  service  pipes  as  rapidly  as  the  increased  demand  for 
gas  shall  justify  such  extension.  Provided,  the  frost  in  the  ground  shall 
not  prevent  the  prosecution  of  the  work  during  the  six  months  above 
mentioned. 

1"  6.  Acceptance.]  § 6.  Unless  the  said  The  Peoples  Gas 
Light  and  Coke  Company  shall  within  twenty  days  from  and  after 
the  passage  of  this  ordinance  accept  the  same  and  the  terms  and  the 
provisions  thereof,  and  notify  the  board  of  trustees  of  the  village  of 
Jefferson  of  such  acceptance,  all  the  rights  and  privileges  hereby 
granted  to  said  company  shall  be  absolutely  forfeited. 

7.  Subject  to  ordinances.]  § 7.  The  permission  and  au- 
thority hereby  granted  are  upon  the  express  condition  that  the  said 
Peoples  Gas  Light  and  Coke  Company  shall  faithfully  keep  and  per- 
form all  obligations  and  duties  which  are  now,  or  may  hereafter  be  im- 
posed by  any  ordinance  or  ordinances  of  the  said  village  of  Jefferson, 
pertaining  to  the  management,  regulation  or  control  of  gas  companies. 

§ |68.  Peoples  Gas  Light  and  Coke  Company. 

*17  1.  Grant  from  town  of  Jefferson. 

2.  Notice  of  opening  streets. 

3.  Restoration  of  streets. 

4.  Quality  and  price  of  gas. 

5.  Extension  of  mains. 

% 6.  Acceptance. 

7.  Subject  to  ordinances. 


§ 68 j PEOPLES  GAS  LIGHT  AND  COKE  COMPANY.  203 

An  Ordinance  Granting  the  Right  to  the  Peoples  Gas  Light  and 

Coke  Company  of  the  City  of  Chicago,  County  of  Cook  and  State  of 

Illinois  to  Lay  Gas  Mains  and  Sell  Gas  Within  Certain  Territory. 

(Passed  and  approved  October  21,  1885.) 

*[  1.  Grant.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Jefferson:  § i.  That  permission  and  au- 

thority be  and  the  same  are  hereby  granted  to  the  Peoples  Gas  Light 
and  Coke  Company  to  supply  and  sell  gas  made  from  substances  gen- 
erally used  in  the  manufacture  of  the  same,  to  be  used  for  heating  and 
illuminating  purposes,  within  the  village  of  Jefferson,  and  to  lay  and 
maintain  gas  mains  and  service  pipes  for  distributing  said  gas,  in  any 
of  the  public  streets,  alleys,  avenues,  highways  or  grounds  within  the 
limits  of  said  village. 

1 2.  Notice  of  opening  streets.]  § 2.  That  before  said 
company  shall  open  any  street,  alley,  highway  or  other  public  place 
for  the  purpose  of  introducing  its  mains  or  service  pipes,  it  shall  cause 
notice  of  its  intention  so  to  do,  to  be  given  to  the  corporate  authorities 
of  said  village,  specifying  in  such  notice  the  streets  or  parts  of  street, 
alley  or  other  public  place  in  which  it  is  proposed  to  introduce  such 
pipes. 

1 3.  Restoration  of  streets.]  § 3.  In  all  cases  where  said 
company  shall  open  any  street,  alley  or  other  public  place  within  said 
village,  for  the  purpose  of  laying  its  pipes  therein,  it  shall  restore  the 
same  to  its  former  condition  as  nearly  as  practicable  with  as  little  de- 
lay as  possible;  and  no  more  of  any  street,  alley  or  other  public  place 
shall  be  disturbed,  or  incumbered,  in  the  laying  of  said  pipes,  nor  shall 
the  same  remain  opened  or  incumbered  for  a longer  time  than  shall 
be  necessary  to  enable  said  company  to  complete  its  work  as  above 
provided;  and  said  company  shall  be  liable  for  any  and  all  damages 
resulting  from  its  negligent  conduct  in  the  prosecution  of  said  work, 
and  from  its  failure  and  neglect  to  properly  guard  and  protect  the  ex- 
cavations made  by  it  in  the  progress  thereof. 

IT  4.  Quality  and  price  of  gas,]  § 4.  The  said  company 
shall  when  ordered  by  the  board  of  trustees  of  said  village  of  Jeffer- 
son furnish  gas  for  consumption  within  said  village  of  an  illuminating 
power  of  not  less  than  sixteen  (16)  candles,  and  to  the  corporate  au- 
thorities of  said  village,  for  the  lighting  of  the  streets,  public  buildings 
and  public  places  within  said  village  at  such  price  as  shall  not  exceed 
the  price  paid  in  and  by  the  city  of  Chicago,  and  on  such  terms  as 
shall  hereafter  be  agreed  upon  between  said  company  and  the  cor- 
porate authorities  of  said  village;  and  all  street  lamps  that  may  be 
erected  by  said  village  along  the  public  streets  in  which  the  gas  mains 
of  said  company  shall  be  laid,  shall  be  connected  with  said  mains,  and 
shall  immediately  and  thereafter  at  all  proper  hours  of  the  night,  be 
furnished  with  the  gas  of  and  by  said  company  for  the  lighting  of  said 
streets,  and  said  village  shall  pay  for  the  gas  so  consumed  at  and 
after  the  price  and  rate  to  be  hereafter  determined  on  as  aforesaid.  The 


204 


GAS. 


t§  69 


schedule  of  the  time  for  lighting  and  extinguishing  said  street  lamps 
and  the  size  of  the  burners  thereon,  also  to  be  hereafter  determined, 
as  aforesaid.  Settlements  and  payments  to  be  made  quarter-yearly. 

T 5.  Extension  of  mains.]  § 5.  The  said  company  shall 
within  six  (6)  months  of  the  date  of  the  passage  of  this  ordinance  lay 
in  the  streets  or  alleys  of  said  village  of  Jefferson,  at  least  three  (3) 
miles  of  street  mains,  with  proper  service  pipes  connected  therewith, 
for  the  supply  of  gas  to  actual  consumers,  and  shall  thereafter  extend 
said  mains  and  service  pipes  as  rapidly  as  the  increased  demand  for 
gas  shall  justify  such  extension.  Provided,  the  frost  in  the  ground 
shall  not  prevent  the  prosecution  of  the  work  during  the  six  months 
above  mentioned. 

IT  6.  Acceptance.]  § 6.  Unless  the  said  The  Peoples  Gas 
Light  and  Coke  Company  shall  within  twenty  days  from  and  after  the 
passage  of  this  ordinance,  accept  the  same  and  the  terms  and  the  pro- 
visions thereof,  and  notify  the  board  of  trustees  of  the  village  of  Jeffer- 
son of  such  acceptance,  all  the  rights  and  privileges  hereby  granted  to 
said  company  shall  be  absolutely  forfeited. 


SUBURBAN  GAS  COMPANY. 


69.  Suburban  Gas  Company. 

^1  1.  Grant. 

2.  Laying  pipes — notice  to  be  given. 

\ 3.  Restoration  of  streets — damages. 
y 4.  Improved  streets — permit — restoration. 

*[[  5.  Pipes  to  be  laid,  when. 

\ 6.  Gas — quality — price — street  lamps. 

7.  Time  for  construction — extension  of  service. 
^ 8.  Acceptance. 


An  Ordinance  Granting  Rights  to  the'  Suburban  Gas  Company  in 
the  Town  of  Lake  View.  (Passed  and  approved  October  29,  1884.  Ac- 
cepted November  17,  1884.) 

T 1.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake  View:  § 1.  That  permission  and  authority  be  and  the 
same  are  hereby  granted  to  the  Suburban  Gas  Company  to  supply 
and  sell  gas,  made  from  coal  or  other  substances,  to  be  used  for 
heating  and  illuminating  purposes,  within  the  town  of  Lake  View,  and 
to  lay  and  maintain  gas  mains  and  service  pipes,  for  distributing  said 
gas,  in  any  of  the  public  streets,  alleys,  avenues,  highways  or  grounds 
within  the  limits  of  said  town. 

1 2.  Laying  pipes  notice  to  be  given.]  § 2.  That  be- 
fore said  company  shall  open  any  street,  alley,  highway  or  other  public 


§69] 


SUBURBAN  GAS  COMPANY. 


205 


place  for  the  purpose  of  introducing  its  mains  or  service  pipes,  it  shall 
cause  notice  of  its  intention  so  to  do,  to  be  given  to  the  corporate  au- 
thorities of  said  town,  specifying  in  such  notice  the  streets  or  parts  of 
street,  alley  or  other  public  place  in  which  it  is  proposed  to  introduce 
such  pipes. 

% 3.  Restoration  of  streets— damages.]  § 3.  I11  all  cases 

where  said  company  shall  open  any  street,  alley  or  other  public  place 
within  said  town,  for  the  purpose  of  laying  its  pipes  therein,  it  shall 
restore  the  same  to  its  former  condition  as  nearly  as  practicable  with 
as  little  delay  as  possible;  and  no  more  of  any  street,  alley  or  other 
public  place  shall  be  disturbed  or  incumbered  in  the  laying  of  said  pipe, 
nor  shall  the  same  remain  open  or  incumbered  for  a longer  time  than 
shall  be  necessary  to  enable  said  company  to  complete  its  work  as 
above  provided.  And  said  company  shall  be  liable  for  any  and  all 
damages,  resulting  from  its  negligent  conduct  in  the  prosecution  of 
said  work,  and  from  its  failure  or  neglect  to  properly  guard  and  pro- 
tect the  excavations  made  by  it  in  the  progress  thereof. 

1 4.  Improved  streets  — permit  — restoration.]  § 4.  That 
whenever  said  company  shall  desire  to  open  any  improved  street  it 
shall  first  procure  a permit  from  said  town  so  to  do,  and  when  any 
such  improved  street  shall  have  been  opened  said  company  shall  restore 
the  improvement  to  as  good  a condition  as  the  same  was  before  such 
opening,  and  upon  its  neglect  or  refusal  to  restore  the  same  in  such 
condition,  then  said  town  may  properly  restore  the  same  and  said 
company  shall  be  liable  to  the  town  for  any  costs  incurred  thereby. 

IT  5.  Pipes  to  be  laid,  when.]  § 5.  That  whenever 
said  town  shall  by  ordinance  order  the  permanent  improvement  of  any 
street  it  may  by  further  order  direct  said  company  to  lay  in  such  street 
its  necessary  pipes  and  house  connections  to  all  buildings  along  the 
line  of  such  improvements. 

T 6.  Gas  — quality  — price  — street  lamps.]  § 6.  The  said 
company  shall  furnish  gas  for  consumption  within  said  town  of  an  il- 
luminating power  of  not  less  than  sixteen  (16)  candles,  and  to  the  cor- 
porate authorities  of  said  town,  for  the  lighting  of  the  streets,  public 
buildings  and  public  places  within  said  town  at  a price  not  exceeding 
one  dollar  and  fifty  cents  ($1.50)  per  thousand  cubic  feet,  to  be  meas- 
ured by  automatic  regulator  burners  attached  to  the  lamps,  or  other- 
wise as  may  be  agreed  between  said  company  and  the  corporate  au- 
thorities of  said  town;  and  the  price  of  gas  to  private  consumers  within 
said  town  shall  not  exceed  two  dollars  ($2.00)  per  thousand  cubic  feet, 
with  a discount  therefrom  of  fifty  cents  (50c.)  per  thousand  cubic  feet 
in  case  the  bills  therefor  for  each  month  shall  be  paid  within  the  first 
ten  (10)  days  of  the  next  succeeding  month.  And  that  the  town  of 
Lake  View  shall  cause  street  lamps  to  be  erected  at  suitable  distances 
along  the  public  streets  in  which  the  gas  mains  of  said  company  shall 
be  laid,  to  be  connected  with  said  mains,  and  shall  immediately  and  for 


206 


' GAS. 


[§  7° 


the  period  of  five  years  thereafter,  at  all  proper  hours  of  the  night,  take 
and  consume  the  gas  of  the  said  company  for  the  lighting  of  said 
streets,  and  pay  for  the  gas  so  consumed  at  and  after  the  price  and 
rate  aforesaid.  Settlements  and  payments  to  be  made  quarterly-yearly. 
The  schedule  of  the  time  for  lighting  and  extinguishing  said  street 
lamps,  and  the  size  of  burners  thereon,  to  be  the  same  in  use  in  the 
north  division  of  the  city  of  Chicago. 

IT  7.  Time  for  construction  extension  of  service.  | § 7. 
The  said  company  shall  within  six  (6)  months  of  the  date  of  the  pas- 
sage of  this  ordinance,  lay  in  the  street  or  alleys  of  said  town  of  Lake 
View,  at  least  three  (3)  miles  of  street  mains  with  proper  service  pipes 
connected  therewith,  for  the  supplying  of  gas  to  actual  consumers,  and 
shall  within  two  years  extend  its  mains  to  Ravenswood,  and  shall 
thereafter  extend  said  mains  and  service  pipes  as  rapidly  as  the  in- 
creased demand  for  gas  shall  justify  such  extension. 

T 8.  Acceptance.]  § 8.  Unless  the  said  “Suburban  Gas 
Company”  shall  within  ten  (10)  days  from  and  after  the  passage  of  this 
ordinance,  accept  the  same  and  the  terms  and  provisions  thereof,  and 
notify  the  board  of  trustees  of  the  town  of  Lake  View  of  such  accept- 
ance, all  the  rights  and  privileges  hereby  granted  to  said  company 
shall  be  absolutely  forfeited. 


UNIVERSAL  GAS  COMPANY. 

§ 70.  Universal  Gas  Company. 

1.  Grant. 

2.  Feeder  and  service  pipes. 

If  3.  Restoration  of  streets. 

4.  Opening  and  incumbering  streets. 

^1  5.  Indemnity  clause. 

•['  6.  Subject  to  ordinances. 

7.  Quality  of  gas. 

If  S.  Price  of  gas. 

9.  Erection  of  pipes— cash  deposit — liquidated  damages. 

*11  10.  Acceptance — bond. 

11.  Liability  not  limited  by  bond. 

12.  Condition  of  the  grant.  x 

*Jf  13.  Term  of  grant — right  of  purchase. 

II  14.  When  in  force. 

An  Ordinance  Granting  the  Right  to  the  Universal  Gas  Company 
to  Construct,  Maintain  and  Operate  Gas  Works  Within  the  City  of 
Chicago.  (Passed  July  23,  1894.'  Accepted  August  22,  1894.) 

1.  Grant.  ] Be  it  ordained  bv  the  city  council  of  the  city  of 
Chicago:  § 1.  Subject  to  the  terms  and  conditions  of  this  ordinance, 


UNIVERSAL  GAS  COMPANY. 


207 


§70] 

there  is  hereby  granted  to  the  Universal  Gas  Company,  a corporation 
created  and  existing  under  and  by  virtue  of  the  laws  of  the  state  of 
Illinois,  the  right  to  construct,  maintain  and  operate  gas  works  within 
the  city  of  Chicago,  together  with  the  right  of  way  along,  upon  and 
under  all  the  avenues,  streets,  alleys  and  public  places  in  said  city,  for 
the  purpose  of  placing,  operating,  repairing  and  maintaining  one  or 
more  lines  of  gas  mains  and  pipes,  and  all  necessary  feeders  and  ser- 
vice pipes  in  connection  therewith,  for  lighting  and  fuel  purposes. 

1 2.  Feeder  and  service  pipes.]  § 2.  Said  Universal  Gas 
Company  shall  not  lay  main  pipes  in  any  such  avenue,  street,  alley  or 
public  place  of  said  city,  unless  it  shall  at  the  time  lay  down  all  feeders 
or  service  pipes  necessary  to  make  connection,  without  any  subsequent 
disturbance  of  the  pavement  or  surface  of  such  avenue,  street  or  public 
place,  with  each  and  all  building  lots  fronting  and  abutting  thereon. 
Said  Universal  Gas  Company  shall  not  charge  any  person  desiring  to 
make  a connection  with  any  service  pipe,  laid  or  to  be  laid  by  it,  but  all 
service  pipes  shall  be  laid  by  said  company  at  its  own  expense. 

IT  3.  Restoration  of  streets.]  § 3.  Said  Universal  Gas 
Company  shall  do  no  permanent  injury  to  any  street,  sidewalk,  alley, 
avenue  or  public  place,  or  shade  tree,  or  in  any  manner  unnecessarily 
disturb  or  interfere  with  any  water  pipe,  sewer  or  gas  pipe,  now  or  here- 
after laid  by  said  city  or  any  authorized  company  or  corporation;  and, 
when  said  company  shall  open  ground  in  the  same,  it  shall  forthwith 
restore  the  street,  pavement,  sidewalk  or  ground,  or  water  pipes,  sewer 
or  gas  pipes,  to  a condition  equally  as  good  as  before,  at  the  expense 
of  said  company,  and,  if  said  company  shall  fail  or  refuse  to  do  so,  the 
same  may  be  done  by  said  city,  and  the  said  company  shall  be  liable 
for  the  cost  thereof;  and  said  company  shall  not  make  any  excavations 
in  any  street,  alley,  avenue  or  public  place,  without  first  procuring  a 
permit  for  that  purpose  from  the  department  of  public  works  of  said 
city.  And  whenever  said  company  shall  make  application  in  writing 
to  such  department  for  such  permit  or  permits,  and  shall  have  com- 
plied with  all  the  terms  and  conditions  of  this  section  of  this  ordinance, 
it  shall  be  the  duty  of  such  department  to  forthwith  issue  such  per- 
mit or  permits.  When  any  excavation  shall  be  made  by  said  com- 
pany in  any  street,  alley  or  public  place  paved  with  wooden  blocks, 
the  foundation  boards  or  planks  shall  be  removed  without  being  cut, 
unless  such  cutting  shall  be  especially  permitted  by  the  department  of 
public  works  of  such  city.  The  said  company  shall  not  use  the  public 
fire  hydrant  of  said  city,  nor  any  water  therefrom,  without  a license  or 
permit  from  the  department  of  public  works  of  said  city.  The  said 
company  shall,  upon  notice  from  the  department  of  public  works  of 
said  city,  remove  or  change  any  gas  main  pipe,  service  pipe  or  feeder, 
which  may  be  in  the  way  or  interfere  with  the  construction  or  erection 
of  any  viaduct,  public  building  or  other  public  structure  within  the 
said  city.  When  the  said  company  shall  first  apply  to  the  department 


208 


GAS. 


[§  70 

of  public  works  of  said  city  of  Chicago  for  a permit,  as  herein  pro- 
vided, the  said  company  shall  deposit  with  said  department  the  sum  of 
twenty  thousand  ($20,000)  dollars,  as  a guaranty  that  said  company 
shall  restore  the  streets,  pavements,  sidewalks,  grounds,  water  pipes, 
sewer  or  gas  pipes,  to  a condition  satisfactory  to  the  said  department 
of  public  works,  and  if  said  company  shall  fail  or  refuse  to  so  restore 
such  streets,  pavements,  sidewalks,  grounds,  water  pipes,  sewer  or 
gas  pipes,  to  the  satisfaction  of  said  department  of  public  works,  within 
a reasonable  time  after  notice  served  upon  said  company  so  to  do,  then 
said  deposit,  or  so  much  thereof  as  may  be  necessary,  may  be  used 
by  said  department  for  such  purposes.  The  balance  of  such  deposit, 
if  any  there  be,  shall  be  returned  to  said  company,  or  in  case  said  com- 
pany shall  so  restore  such  streets,  pavements,  sidewalks,  grounds,  water 
pipes,  sewer  or  gas  pipes,  to  a condition  satisfactory  to  said  depart- 
ment, as  herein  provided,  then  such  deposit  shall  be  returned  to  said 
company. 

1 4.  Opening  and  incumbering  streets.]  § 4-  Said  Uni- 
versal Gas  Company  shall  not  open  and  incumber  more  of  any-  street, 
avenue,  alley  or  public  place  at  any  one  time  than  may  be  necessary  to 
enable  them  to  proceed  with  advantage  in  the  laying  of  anv  such  main 
pipes,  feeders  or  service  pipes,  nor  shall  said  company  permit  any 
such  street,  avenue,  alley  or  public  place  to  remain  open  or  incumbered 
for  a longer  period  than  shall  be  necessary  to  execute  the  work  for 
which  the  same  shall  have  been  opened,  or  without  putting  up  the 
usual  barrier  and  lights  for  preventing  the  happening  of  any  accident, 
in  consequence  of  such  opening  or  incumbering  of  such  street,  alley, 
avenue  or  public  grounds. 

T 5.  Indemnity  clause.]  § 5.  Said  Universal  Gas  Company 
shall  be  liable  to  and  shall  compensate  the  city  of  Chicago,  and  pay 
any  private  individual,  owner  or  owners,  or  parties  interested  in  any 
property  adjacent  to  any  street,  avenue,  alley  or  public  place  opened 
or  injured  by  it,  for  all  damages  which  may  result  bv  reason  of  said 
company  having  neglectfully  opened,  incumbered,  protected  or 
guarded  any  such  street,  alley,  avenue  or  public  place  in  said  city. 

*'  % 6.  Subject  to  ordinances.]  £ 6.  Said  Universal  Gas 

Company  shall  be  subject  to  all  general  ordinances  of  the  city  of  Chi- 
cago in  regard  to  gas  companies,  and  the  city  of  Chicago  shall  have  the 
right,  at  any  time,  to  provide  for  the  appointment  of  one  or  more  in- 
spectors of  gas,  with  ail  the  power  and  authority  incident  to  such  posi- 
tions. and  which  the  said  city  may  deem  necessary  to  protect  the  city 
of  Chicago,  in  its  corporate  rights,  and  individual  consumers  of  gas, 
against  oppression  or  fraud;  and,  if  the  said  citv  shall  deem  it  neces- 
sary, to  require  anv  inspectors  (or  other  city  officials)  to  certify  to  the 
correctness  of  gas’ bills  of  consumers  of  gas  furnished  by  said  com- 
panv.  All  meters  used  by  said  company  for  measuring  gas  shall  be 
subject  to  inspection  and 'approval  by  such  person  or  persons,  officer 


UNIVERSAL  GAS  COMPANY. 


209 


§ 70] 

or  officers,  as  may  be  appointed  by  said  city  for  that  purpose,  and  said 
company  shall  pay  all  reasonable  costs  and  charges  of  such  inspection, 
the  same  to  be  fixed  by  the  city  council  of  said  city. 

7.  Quality  of  gas.]  § 7.  Said  Universal  Gas  Company 
shall  supply  illuminating  gas,  the  quality  of  which  shall  be  as  nearly 
uniform  as  practicable,  averaging  for  one  month  not  less  than  twenty- 
two  (22)  sperm  candles,  burning  one  hundred  and  twenty  grains  per 
hour,  to  be  determined  by  authorized  photometrical  test,  a five-foot 
burner  being  used. 

IT  8.  Price  of  gas.]  § 8.  The  rights  and  privileges  hereby 
granted  are  upon  the  express  condition  that  no  gas  flowing  through 
any  main  pipes,  feeders  or  service  pipes,  laid  by  said  Universal  Gas 
Company,  or  by  its  authority,  shall  be  charged  for,  to  general  con- 
sumers thereof,  at  the  rate  exceeding  $1.00  per  thousand  cubic  feet, 
upon  any  bills  for  gas  which  shall  be  paid  on  or  before  such  date  or 
dates,  in  each  calendar  month,  as  said  Universal  Gas  Company  may 
fix  and  establish  and  state  in  such  bills. 

If,  and  so  long  as,  said  Universal  Gas  Company  shall  charge  gen- 
eral consumers  of  its  gas  $1.00  per  thousand  cubic  feet,  said  gas  com- 
pany shall  pay  to  the  city  of  Chicago  10  per  cent  of  the  gross  amount 
which  said  gas  company  shall  collect  from  such  general  consumers; 
but  whenever  said  gas  company  shall  have  reduced  its  price  for  gas 
to  its  general  consumers  to  90  cents  per  thousand  cubic  feet,  or  less, 
said  gas  company  shall  be,  and  hereby  is,  released  and  discharged 
from  any  and  all  liability  or  obligation  to  pay  to  the  city  of  Chicago 
any  percentage  whatever. 

It  is  provided,  however,  that  for  all  gas  furnished  to  the  city  of 
Chicago  (which  shall  be  deemed  a special  consumer),  there  shall  only 
be  paid  the  sum  of  seventy-five  cents  per  thousand  cubic  feet  for  all 
public  buildings  and  for  gas  furnished  for  street  lighting,  including 
lighting  and  extinguishing,  the  sum  of  $16  per  annum  for  each  street 
lamp  burning  four  cubic  feet  of  gas  per  hour. 

Or  said  city  may,  at  its  option,  do  its  own  lighting  and  extin- 
guishing street  lamps,  and  said  company  shall,  at  the  option  of  said 
city,  furnish  gas  for  such  street  lamps  at  the  rate  of  seventy-five  cents 
(75  cents)  per  thousand  cubic  feet  of  gas  consumed. 

If  any  consumer  or  consumers  of  gas  shall  make  default  in  the 
payment  for  any  gas  furnished  by  said  gas  company,  on  or  before  such 
date  or  dates  in  each  calendar  month  as  said  Universal  Gas  Company 
shall  fix  and  establish  and  state  in  its  bills,  said  gas  company  may 
charge  and  recover  from  such  delinquent  consumer  or  consumers,  in 
the  nature  of  a penalty  for  such  delinquency,  such  an  additional  amount 
upon  all  such  defaulted  bills  as  it  may  see  fit  and  shall  state  in  its 
bills,  such  additional  charge  not  to  exceed,  however,  10  cents  per  thou- 
sand cubic  feet. 

14 


210 


GAS. 


[§  7° 


IF  9.  Erection  of  plant — cash  deposit  — liquidated  dam- 
ages.) § 9.  The  rights  and  privileges  hereby  granted  are  upon  the 
express  condition  that  the  said  Universal  Gas  Company  shall,  within 
three  years  from  the  date  of  the  acceptance  of  this  ordinance,  have 
built  and  completed,  or  otherwise  acquired,  gas  works  in  said  city 
sufficiently  extensive  to  enable  it  to  manufacture  and  distribute  gas 
to  an  amount  not  less  than  ten  million  cubic  feet  in  every  thirty  days, 
and  shall  have  expended  on  such  gas  works  at  least  $100,000  within 
twelve  months  from  the  date  of  the  acceptance  of  this  ordinance. 

And  in  addition  to  the  bond  to  be  executed  to  the  city  of  Chicago 
by  said  company,  as  is  provided  by  section  10  of  this  ordinance,  the 
said  company  shall,  within  sixty  days  from  and  after  the  filing  of  its 
formal  acceptance  of  this  ordinance,  and  before  it  shall  exercise  any 
of  the  rights  or  privileges  conferred  by  this  ordinance,  deposit  with 
the  city  treasurer  of  the  city  of  Chicago  the  sum  of  $100,000  in  cash, 
or,  at  the  option  of  said  company,  in  bonds  of  any  duly  authorized 
issue  of  Chicago  city  bonds,  United  States  government  bonds,  or  other 
bonds  to  be  approved  by  the  comptroller  of  said  city  of  Chicago,  at 
their  face  value,  as  security  for  the  faithful  performance  and  observance 
of  the  provisions  and  conditions  of  this  section  of  this  ordinance;  pro- 
vided, that  the  said  sum  of  $100,000  in  cash  or  bonds  shall  be  returned 
or  surrendered  to  said  company  if  and  when  said  company  shall,  and 
within  three  years  from  the  date  of  the  acceptance  of  this  ordinance, 
have  built  and  completed,  or  otherwise  acquired,  gas  works  in  said 
city  sufficiently  extensive  to  enable  it  to  manufacture  and  distribute 
gas  to  an  amount  not  less  than  ten  million  feet  in  every  thirty  days, 
and  shall  have  expended  upon  such  gas  plant  at  least  $100,000  within 
twelve  months  from  the  date  of  the  acceptance  of  this  ordinance;  and 
if  said  company  shall  not,  within  three  years  from  the  date  of  the 
acceptance  of  this  ordinance,  have  built  and  completed,  or  otherwise 
acquired  gas  works  in  said  city  of  Chicago  sufficientlv  extensive  to 
enable  it  to  manufacture  and  distribute  gas  to  an  amount  not  less  than 
10,000,000  cubic  feet  in  every  thirty  days,  and  shall  not  within  twelve 
months  from  the  date  of  the  acceptance  of  this  ordinance  have  ex- 
pended on  its  said  plant  at  least  $100,000,  then  the  entire  said  amount 
of  $100,000,  in  cash  or  bonds,  shall  be  and  become  the  property  of 
the  said  city  of  Chicago,  as  agreed  and  liquidated  damages  for  and 
on  account  of  such  failure.  But  the  time  during  which  any  legal  pro- 
ceedings shall  be  pending,  whereby  the  said  company  shall  be  pre- 
vented from  or  delayed  in  building  and  completing  or  acquiring  such 
gas  works,  or  in  expending  such  sum  of  money,  shall  be  excluded  from 
The  time  herein  prescribed  for  the  building,  completing  or  acquiring 
of  such  gas  works  and  expending  of  said  $100,000. 

And  the  said  Universal  Gas  Company  does  hereby  specifically 
agree  to  the  appropriation  by  the  city  of  Chicago  of  said  sum  of  $100,- 
000,  in  cash  or  bonds,  as  agreed  and  liquidate  damages  a?  aforesaid  in 
case  of  such  failure  as  aforesaid, 


UNIVERSAL  GAS  COMPANY. 


211 


§ 70] 

Whenever,  and  as  soon  as,  said  company  shall  show  to  the  com- 
missioner of  public  works  of  said  city  that  it  has  complied  with  the 
terms  and  provisions  of  this  section  of  this  ordinance  concerning  the 
building  or  acquiring  of  such  gas  plant  and  the  expenditure  of  said 
sum  of  $100,000,  then  said  commissioner  shall  issue  his  certificate  to 
said  company  certifying  that  said  company  has,  within  three  years 
from  the  date  of  the  acceptance  of  this  ordinance,  built  and  completed, 
or  otherwise  acquired,  gas  works  in  said  city  sufficiently  extensive 
to  enable  it  to  manufacture  and  distribute  gas  to  an  amount  not  less 
than  10,000,000  cubic  feet  in  every  thirty  days,  and  that  said  company 
has  within  twelve  (12)  months  from  the  date  of  acceptance  of  this  ordi- 
nance expended  on  its  said  plant  at  least  $100,000,  and  upon  presenta- 
tion of  such  certificate  the  mayor  and  comptroller  shall  issue  a warrant 
or  order  to  the  said  company,  upon  the  city  treasury,  for  the  amount 
of  $100,000,  so  deposited  in  cash,  or  for  said  bonds  so  deposited,  to- 
gether with  the  coupons  attached  to  said  bonds  at  the  time  of  deposit 
thereof. 

Unless  said  deposit  of  $100,000  is  made  at  the  time  and  in  the 
manner  as  herein  provided,  then  this  ordinance  shall  be  absolutely  null 
and  void  and  of  no  effect. 

T 10.  Acceptance  — bond.]  § 10.  This  ordinance  shall  not 
be  in  force  as  to  said  Universal  Gas  Company  until  it  shall  have  been 
accepted  by  said  company,  such  acceptance  to  be  made  and  notice 
thereof  in  writing  filed  with  the  city  clerk,  nor  until  said  company 
shall  have  given,  and  filed  in  the  city  clerk’s  office,  a good  and  suf- 
ficient bond,  with  two  or  more  good  and  sufficient  sureties,  in  the 
penal  sum  of  $100,000,  conditioned  that  the  said  company  shall  and 
will,  within  three  years  from  the  date  of  the  passage  of  this  ordinance, 
build  and  complete,  or  otherwise  acquire,  gas  works  in  said  city  suf- 
ficiently extensive  to  enable  it  to  manufacture  and  distribute  gas  to 
an  amount  not  less  than  10,000,000  cubic  feet  in  every  thirty  days,  and 
located  within  the  limits  of  the  city  of  Chicago,  and  that  the  rate  to 
be  charged  to  the  consumers  of  gas  which  may  flow  through  the  pipes 
laid  by  said  Universal  Gas  Company  shall  never  exceed  the  rate  named 
and  specified  in  section  8 of  this  ordinance,  and  shall  and  will  not  enter 
into  any  combination  with  any  other  gas  company  concerning  the  rate 
(or  price)  to  be  paid  for  gas,  and  to  pay  all  damages  which  the  city 
of  Chicago,  or  any  consumers  of  the  gas  furnished  by  said  Universal 
Gas  Company,  shall  suffer  by  reason  of  the  failure  of  said  company 
to  perform  any  of  the  obligations  or  conditions  of  this  ordinance;  such 
bonds  and  sureties  to  be  approved  by  the  mayor. 

% 11.  Liability  not  limited  by  bond.]  § 11.  The  liability 
of  said  Universal  Gas  Company  to  said  city,  or  to  any  person  who  may 
be  injured  by  the  exercise  by  said  company  of  any  of  the  rights  and 
privileges  hereby  granted,  shall  not  be  limited  by  the  penalty  of  said 
bond,  nor  shall  the  remedy  against  said  company  be  confined  to  the 


212 


GAS. 


[§  70 


said  bond,  it  being  understood  that  such  remedy  is  merely  cumulative, 
and  that  said  city  of  Chicago,  and  any  person  or  persons,  shall  have 
the  same  remedy  aginst  said  company  as  it  or  they  would  or  might 
have  if  no  such  bond  were  given.  In  case  the  duties  of  the  depart- 
ment of  public  works  shall  be  devolved  by  said  city  on  any  other  de- 
partment or  officer,  the  permit  and  licenses  and  certificates  herein 
mentioned  shall  be  applied  for  to,  and  issued  by,  such  other  depart- 
ment or  officer. 

IF  12.  Condition  of  the  grant.]  § 12.  The  rights  and  privi- 
leges hereby  granted  are  upon  the  express  condition  that  said  com- 
pany shall  not,  at  any  time,  enter  into  any  combination,  directly  or 
indirectly,  with  any  gas  company  or  companies  concerning  the  rates 
or  price  to  be  charged  for  gas,  and  that  said  company  shall  not  at  any 
time,  directly  or  indirectly,  sell,  lease  or  transfer  its  plant,  property, 
rights  or  privileges  herein  authorized,  to  any  other  gas  company,  trust 
or  corporation,  now  or  hereafter  engaged  in  the  manufacture  and  sale 
of  gas  in  the  city  of  Chicago,  and  if  said  company  shall  at  any  time 
enter  into  any  combination,  directly  or  indirectly,  with  any  gas  com- 
pany or  companies  concerning  the  rates  or  price  to  be  charged  for 
gas,  or  if  said  company  shall,  directly  or  indirectly,  sell,  lease  or  trans- 
fer its  plant,  property,  rights  or  privileges  herein  authorized,  to  any 
other  gas  company,  trust  or  corporation,  now  or  hereafter  engaged 
in  the  manufacture  of  gas  in  said  city,  or  if  said  companv,  having  com- 
menced to  manufacture  gas,  shall  cease  for  the  period  of  more  than 
ten  consecutive  days,  unless  by  reason  of  unavoidable  accident  or  in- 
junction, to  furnish  gas  through  its  pipes  as  required  by  this  ordi- 
nance, then  the  rights  and  privileges  hereby  granted  shall  cease  and 
be  of  no-  more  force  and  effect,  and  the  entire  gas  plant  of  said  com- 
pany, together  with  all  its  machinery,  tools,  appliances,  mains,  pipes 
and  other  property  of  every  name,  nature  and  description,  shall  be 
forfeited  to  the  said  city  of  Chicago,  as  and  for  agreed  and  liquidated 
damages  for  the  failure  of  said  company  to  comply  with  the  require- 
ments and  conditions  of  this  section  of  this  ordinance. 

And,  in  case  of  such  failure  to  comply  with  the  requirements  and 
conditions  of  this  section  of  this  ordinance,  the  said  Universal  Gas 
Company  does  hereby  specifically  agree  to  the  appropriation,  by  said 
city  of  Chicago,  of  its  said  plant,  machinery,  tools,  appliances,  mains, 
pipes  and  other  property  of  every  name,  nature  and  description,  and 
consents  that  the  said  city  of  Chicago  may  immediately,  with  or  with- 
out process  of  law,  take  possession  of  such  gas  plant,  machinery,  tools, 
appliances,  mains,  pipes  and  other  property,  of  every  name*  nature  and 
description,  and  appropriate  the  same  to  its  own  use,  and  said  com- 
pany, its  officers,  stockholders,  agents,  servants  and  attorneys  and 
all  persons  claiming  by,  through  or  under  it  or  them,  shall  be  forever 
barred  and  foreclosed  of  any  right,  title,  claim  or  interest  in  or  to  said 
gas  plant  and  property  or  any  part  or  portion  thereof. 


UNIVERSAL  GAS  COMPANY. 


213 


§ 7°] 

*[  13.  Term  of  grant  — right  of  purchase.]  § 13.  The 

rights  and  privileges  hereby  granted  by  this  ordinance  are  granted  for 
the  term  of  fifty  (50)  years  from  and  after  the  acceptance  of  this 
ordinance,  and  all  rights  herein  shall  cease  at  the  expiration  of  said 
term  of  fifty  years. 

And  the  rights  and  privileges  hereby  granted  are  upon  the  further 
express  condition  that  at  the  end  of  said  term  of  fifty  years,  from  and 
after  the  acceptance  of  this  ordinance,  the  said  city  of  Chicago  shall 
have  the  right  to  purchase  the  entire  plant  of  said  company  and  all  of 
its  property  and  effects  of  every  kind  and  description,  within  said  city 
of  Chicago  at  an  appraised  value,  which  value  shall  be  ascertained  and 
determined  by  three  competent  disinterested  appraisers,  who  shall  have 
free  access  to  all  the  books,  papers  and  other  documents  bearing  on  or 
pertaining  to  the  subject,  and  such  appraisers  shall  be  selected  in  the 
following  manner,  to  wit:  One  of  said  appraisers  shall  be  appointed 
by  the  said  city  of  Chicago,  one  by  said  company,  and  the  two  so 
selected  shall  choose  a third,  and  if  said  two  appraisers  cannot  agree 
upon  a third,  then  such  third  apppraiser  shall  be  selected  by  the  chief 
justice  of  the  circuit  court  of  Cook  county,  Illinois,  and  the  said  three 
appraisers  so  chosen  shall,  within  six  months  after  the  appointment 
of  the  last  appraiser,  make  a report  in  writing  of  the  value  of  said  prop- 
erty to  said  city  of  Chicago,  and  to  said  company,  and  the  said  city 
of  Chicago  shall  have  the  option,  at  any  time  within  six  months  after 
the  receipt  of  said  report,  to  purchase  said  plant  and  property,  together 
with  all  its  appurtenances  and  equipments,  at  the  appraised  value  so 
fixed  by  said  appraisers;  provided,  however,  that  if  said  city  shall  so 
elect  to  purchase  said  gas  plant,  then  said  company  shall  have  the 
right  to  operate  said  plant  and  receive  the  profit  therefrom  during  the 
time  such  arbitration  is  in  progress  and  until  the  same  shall  be  com- 
pleted and  the  purchase  price,  as  fixed  by  the  arbitration,  has  been 
paid. 

1"  14.  When  in  force.]  § 14.  This  ordinance  shall  not  take 
effect  until  accepted  by  the  Universal  Gas  Company  and  until  said 
company  shall  file  the  bond,  as  provided  in  section  10  hereof,  said 
acceptance  to  be  filed  within  thirty  (30)  days  from  the  passage  of  this 
ordinance;  and  unless  said  acceptance  and  bond  are  filed  within  the 
time  required  then  this  ordinance  shall  be  null  and  void. 


CHAPTER  IV.— PARKS,  BOULEVARDS  AND  DRIVE- 
WAYS. 


(i.)  NORTH. 

§71.  Water  for  drinking  in  the  several  parks. 

§ 72.  Dearborn  avenue. 

g 73.  Diversey  avenue,  east  line  of  Clark  street  to  Lake  Michigan. 

$ 73a.  Diversey  avenue  (amendment). 

§ 73b.  Diversey  avenue,  east  line  of  Clark  street  to  north  branch. 

§ 73c.  Diversey  avenue  (additional), 
g 73d.  Diversey  avenue  (repeal). 

g 74.  Fullerton  avenue,  North  Park  avenue  to  North  Clark  street, 
g 74*.  Fullerton  avenue,  North  Clark  street  to  Orchard  street, 
g 75.  Granville  avenue. 

§ 76.  Lake  View  avenue  (in  part). 

§ 76a.  Lake  View  avenue  (more). 

§ 77.  North  avenue. 

§78.  North  Park  avenue,  first  ordinance. 

§ 78a.  North  Park  avenue,  Second  ordinance. 

§ 79.  Pine  street,  from  Pearson  to  Oak  street. 

§ 79a.  Pine  street,  from  north  line  Chicago  avenue  to  south  line  Ohio  street, 
g 80.  Ridge  avenue. 

§81.  Sheridan  road  to  North  Fifty-ninth  street, 
g 8 1 a.  Sheridan  road  to  North  Fifty-ninth  street. 

§ 82.  Triangular  plat — north  of  Park  front  at  intersection  of  North  Clark 
street  and  North  Wells  street, 
g 83.  Triangular  plat — at  Eugenia  and  La  Salle  streets, 
g 84.  Union  square. 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 

71.  Water  for  the  use  of  the  several  parks. 

1.  Water  for  drinking  purposes  for  man  and  beast  to  be  supplied 
free  within  the  various  parks  and  along  the  boulevards. 

*\]  2.  Use  limited  and  to  be  free  to  all. 

3.  How  furnished — points  of  supply — how  designated. 

4.  Violation  of  ordinance — penalty. 

5.  Ordinance  may  be  revoked. 

1]  6.  When  in  force. 


An  Ordinance  Granting  Permission  to  tiie  Several  Park  Boards  to 
Have  from  the  Public  Water  Supply,  Free  of  Charge,  Sufficient  Water 
for  Drinking  Purposes  in  all  Parks  and  Along  all  Boulevards.  (Passed 
July  27,  1896.) 

If  1.  City  to  furnish  drinking  water  free.  ] Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  be  and  are  hereby  given  to  the  several  park  boards,  to  wit : 


214 


DEARBORN  AVENUE. 


215 


§ 71] 

The  Lincoln  park  commissioners,  the  South  park  commissioners 
and  the  West  park  commissioners,  to  have  and  receive  from  the 
public  water  supply  of  the  city  of  Chicago,  free  of  charge,  all  such 
quantities  of  water  as  shall  be  necessary  to  furnish  a good  and 
sufficient  supply  of  water  for  drinking  purposes  for  man  and  beast 
within  the  various  parks  and  along  the  boulevards  within  the  cor- 
porate limits  of  the  city  of  Chicago. 

1 2.  Limitation  of  use— charge  prohibited.]  § 2.  The  water 
so  to  be  supplied  may  be  drawn  from  the  water  mains  of  the  city  of 
Chicago,  as  hereinafter  in  section  3 of  this  ordinance  provided,  and 
the  water  so  supplied  shall  be  used  for  the  purpose  of  furnishing 
drinking  water  to  man  and  beast  within  such  parks  and  boulevards 
and  for  no  other  use  or  purpose  whatsoever.  Such  water  shall  be 
furnished  freely  to  all  persons  who  visit  such  parks  and  no  charge 
shall  be  made  therefor  by  the  said  park  commissioners. 

1 3.  Water,  how  furnished.]  § 3.  Such  water  may  be  furnished 
through  pipes  to  be  laid  in  said  parks  and  boulevards  at  the  sole 
cost  and  expense  of  such  respective  park  boards,  and  such  pipes 
shall  tap  the  water  mains  of  the  city  of  Chicago  at  such  points,  and 
only  such  points,  as  may  be  designated  by  the  commissioner  of 
public  works  of  said  city,  and  upon  written  permit  from  him. 

if  4.  Violation  of  ordinance — penalty.]  § 4.  If  the  water  so 
supplied  shall  be  used  for  any  other  purpose  than  that  above  desig- 
nated the  commissioner  of  public  works  shall  have  the  right,  and  it 
shall  be  his  duty,  to  disconnect  such  mains  upon  giving  to  said  park 
commissioners  five  (5)  days’  notice  of  his  intention  so  to  do,  unless 
such  prohibited  use  shall  at  once  cease,  after  giving  such  notice, 
and  not  thereafter  be  renewed. 

if  5.  Revocation  of  ordinance,  when.]  § 5.  The  rights  and 
privileges  by  this  ordinance  secured  to  the  several  park  boards  is 
to  be  construed  merely  as  a license  at  the  will  of  the  city  of  Chi- 
cago, and  may  be  revoked  at  any  time  by  order  or  ordinance  of  the 
city  of  Chicago,  but  no  such  ordinance  shall  take  effect  until  the 
lapse  of  at  least  thirty  (30)  days  after  its  passage. 

if  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  due  publication. 


DEARBORN  AVENUE. 

§ 72.  Dearborn  avenue. 

IT  *•  Dearborn  avenue  from  north  line  of  Burton  place  to  south  line 
of  it.  Avenue  granted  to  park  board. 

If  2.  Limitations  of  grant. 

If  3.  Reservation  of  rights. 

*if  4.  Acceptance, 
if  5.  When  in  force. 


216 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  72 


An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners 
to  Take,  Regulate,  Control  and  Improve  Dearborn  Avenue  from  Burton 
Place  to  North  Avenue.  (Passed  July  8,  1895.  Accepted  October  4, 
1895.) 

T 1.  Part  of  Dearborn  avenue  granted  to  park  board.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  The 
board  of  Lincoln  park  commissioners  are  about  selecting  and  tak- 
ing, for  the  uses  and  purposes  mentioned  in  the  act  of  the  general 
assembly  of  the  state  of  Illinois,  approved  April  9,  1879,  entitled 
“An  Act  to  enable  park  commissioners  and  corporate  authorities  to 
take,  regulate,  control  and  improve  public  streets  leading  to  public 
parks,  to  pay  for  the  improvements  thereof,  and  in  that  behalf  to 
make  and  collect  a special  assessment  or  special  tax  on  contiguous 
property,”  and  the  acts  amendatory  thereof,  all  that  portion  or 
part  of  Dearborn  avenue  lying  between  the  north  line  of  Burton 
place  and  the  south  line  of  North  avenue,  in  the  city  of  Chicago, 
and  the  consent  of  the  owners  of  a majority  of  the  frontage  of  the 
lots  abutting  on  said  street  so  far  as  taken,  or  proposed  to  be  taken, 
having  been  obtained,  therefore  consent  is  hereby  given  and 
granted  to  the  said  board  of  Lincoln  park  commissioners  to  take, 
regulate,  control  and  improve  that  described  part  of  Dearborn  ave- 
nue, in  manner  and  for  uses  provided  in  the  said  act  of  the  general 
assembly,  as  a park  driveway,  and  for  park  purposes  only,  and  full 
power  and  authority  is  hereby  granted  to  said  board  to  control, 
improve  and  maintain  the  part  of  said  avenue  so  to  be  taken  as 
aforesaid,  for  the  purpose  of  carrying  out  the  provisions  of  said  act 
of  the  general  assembly  and  the  amendments  thereof. 

1"  2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  conditions  that  the  said 
board  of  Lincoln  park  commissioners  shall  never  at  any  time  here- 
after grant,  permit  or  give,  to  any  person  or  persons  or  corpora- 
tions now  in  existence,  or  that  may  hereafter  be  organized,  any 
permission  or  right  of  way  to  construct  on  said  boulevard  any 
horse,  cable,  steam,  electric  or  other  railway  of  any  character  or 
description  whatever,  whether  such  railway  is  proposed  to  be 
placed  beneath,  on,  or  above  the  surface  of  said  boulevard. 

1 3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  here- 
by expressly  reserves  the  right  to  lay,  under  the  surface  of  said 
street,  water,  gas  or  other  pipes,  and  to  build  and  repair  sewers  in 
said  Dearborn  avenue,  to  lay  electric  or  other  wires,  and  make 
other  underground  improvements,  in  the  same  manner  and  to  the 
same  extent  that  the  city  of  Chicago  might  heretofore  have  done. 

4.  Acceptance  of  grant.]  § 4.  Unless  said  board  of  Lin- 
coln park  commissioners  shall,  within  ninety  days  after  the  passage 
of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the 
said  parts  of  said  avenue  for  the  purposes  aforesaid,  this  ordinance 


§ 73a] 


DIVERSEY  AVENUE. 


217 


shall  cease  to  be  of  any  force  and  effect,  and  the  consent  given  by 
section  one  (i)  shall  be  deemed  to  be  withdrawn. 

1“  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 


DIVERSEY  AVENUE. 

§ 73.  Diversey  avenue,  east  line  Clark  street  to  Lake  Michigan. 

^ 1.  Preamble  and  provisional  grant. 

y 2.  Acceptance. 

f 3.  In  force  from  and  after  passage. 

§ 73a.  Amendment. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners 
to  Take,  Regulate,  Improve  and  Control  that  Part  of  Diversey  Street 
Lying  Between  the  East  Line  of  Clark  Street  and  Lake  Michigan  in 
the  Town  of  Lake  View.  (Passed  December  20,  1886.) 

% 1.  Preamble.  Whereas,  A majority  of  the  owners  of  the 
frontage  of  the  lots  and  lands  abutting  on  that  part  Diversey  street 
lying  between  the  east  line  of  Clark  street  and  Lake  Michigan,  in 
the  town  of  Lake  View,  have  presented  their  consent  and  petition 
to  the  board  of  trustees  of  the  town  of  Lake  View,  in  the  words 
and  figures  following,  to  wit : 

We,  the  undersigned  owners  of  a majority  of  the  frontage  of  the 
lots  and  lands  abutting  on  that  part  of  Diversey  street  lying  be- 
tween the  east  line  of  Clark  street  and  Lake  Michigan,  in  the  town 
of  Lake  View,  the  said  street  now  lying  within  the  limits  or  dis- 
trict of  property  which  is  taxable  for  the  maintenance  of  Lincoln 
park,  wishing  to  change  said  portion  of  Diversey  street  into  a boule- 
vard, and  to  add  the  same  to  Lincoln  park  upon  the  terms  and  con- 
ditions hereinafter  mentioned,  hereby  consent  that  the  board  of 
Lincoln  park  commissioners  may  take,  regulate,  control  and  im- 
prove the  before  described  part  of  Diversey  street  and  add  the  same 
to  Lincoln  park,  upon  condition  that  said  board  of  Lincoln  park 
commissioners  shall  improve  the  street  so  to  be  added  to  said  park 
so  as  to  make  a boulevard  of  the  same,  and  shall  forever  maintain 
the  said  street  as  such  boulevard  for  the  benefit  of  said  park,  and 
all  persons  owning  property  fronting  on  said  street,  and  their  assigns, 
and  upon  the  further  condition  that  the  said  boulevard  shall  be 
maintained  and  controlled  for  the  mutual  benefit  of  said  park  and 
said  property  owners  and  their  assigns  in  such  manner  as  not  to  be 
detrimental  to  said  property  owners ; and  the  consent  is  granted 
upon  the  further  condition  that  one-half  of  the  cost  of  all  improve- 
ment and  repairs  and  maintenance  of  said  boulevard  shall  be  paid 


218 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  73a 


by  the  owners  of  property  abutting  thereon,  to  be  assessed  and  col- 
lected on  said  abutting  property  last  mentioned  in  the  manner  pro- 
vided by  law. 

Such  consent  is  granted  by  the  undersigned  upon  condition  and 
the  express  reservation  of  the  use  of  said  boulevard,  for  the  trans- 
portation and  deposit  of  building  material  for  improvements  to  be 
made  on  lots  abutting  thereon,  and  for  the  conveyance  of  family 
supplies  to  the  same,  and  the  right  to  lay  water,  gas  and  other 
pipes,  and  to  build  and  repair  sewers  in  said  Diversey  street,  to  lay 
electric  or  other  wires,  and  other  means  of  communication  with 
said  lots  respectively,  in  the  same  manner  and  to  the  same  extent 
that  the  town  of  Lake  View  now  authorize,  or  may  hereafter  au- 
thorize, communication  from  streets  to  lots  abutting  on  the  same. 
It  is  understood  and  agreed,  and  this  consent  is  granted  upon  the 
condition  that  the  said  board,  or  its  successors,  shall  never  at  any 
time  grant  or  give  to  any  person  or  corporation,  in  existence,  or 
that  may  hereafter  be  organized,  any  permission  or  right  of  way  to 
construct  on  said  boulevard,  any  horse,  cable,  steam,  electric  or 
other  railway  of  any  description  whatever,  whether  such  railway  is 
proposed  to  be  placed  beneath,  or  above  the  surface  of  the  said 
boulevard. 

And  the  consent  hereby  given  is  upon  the  further  condition,  and 
it  is  expressly  understood  and  agreed  by  and  on  the  part  of  the 
said  board  of  Lincoln  park  commissioners,  in  accepting  such  street 
for  the  purposes  of  a boulevard  as  before  mentioned,  that  they  will 
not  at  any  time  grant,  permit,  give  or  consent  to  any  such  right  of 
way  or  permission  as  herein  stated. 

And  we  hereby  petition  the  board  of  trustees  of  the  town  of 
Lake  View  to  pass  an  ordinance  granting  the  consent  of  the  town 
to  the  board  of  Lincoln  park  commissioners,  to  take,  regulate,  con- 
trol, improve  and  maintain  and  add  to  Lincoln  park  that  portion  of 
Diversey  street  lying  between  the  east  line  of  North  Clark  street 
and  Lake  Michigan,  in  the  town  of  Lake  View,  upon  the  terms  and 
conditions  herein  stated. 

And,  Whereas,  The  general  assembly  of  the  state  of  Illinois  has 
passed  an  act  which  was  fully  approved  June  26,  A.  D.  1886,  en- 
titled “An  Act  to  amend  sections  1 and  2 of  an  act  entitled  ‘An  Act 
to  enable  park  commissioners  and  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to  public 
parks,  to  pay  for  the  improvements  thereof,  and  in  that  behalf  to 
make  and  collect  a special  assessment  or  special  tax  on  contiguous 
property,’  ” approved  April  9,  A.  D.  1879. 

And,  Whereas,  It  is  represented  to  this  board  that  the  board  of 
Lincoln  park  commissioners  are  desirous  of  selecting  and  taking  for 
the  uses  and  purposes  in  said  act  mentioned,  that  part  of  Diversey 
street  above  described,  in  the  town  of  Lake  View. 

And,  Whereas,  It  is  deemed  desirable  that  the  prayer  of  said 


§ 73a] 


diversf;y  avenue. 


219 


petition  should  be  granted ; therefore  be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake  View: 

Part  of  Diversey  street  granted  to  park  board.]  § i.  That 
consent  is  hereby  given  and  granted  to  the  said  board  of  Lincoln 
park  commissioners  to  take,  regulate,  control  and  improve  the  be- 
fore described  part  of  Diversey  street  as  above  described,  in  the 
town  of  Lake  View,  111.,  in  manner  and  form  provided  in  the  said 
act  of  the  general  assembly,  for  the  purpose  of  adding  to  said  Lin- 
coln park  said  part  of  Diversey  street  above  described,  upon  the 
terms  and  conditions,  and  subject  to  the  requirements  in  said 
petition  mentioned;  provided,  however,  that  nothing  in  this  ordi- 
nance contained  shall  be  construed  as  a waiver  or  relinquishment 
on  the  part  of  the  said  town,  of  any  of  its  rights  or  powers  in  re- 
lation to  the  laying  of  water  pipes,  and  the  building  and  repairing 
of  sewers,  and  the  regulating  of  openings  for  the  same ; provided, 
also,  that  all  powers  which  the  town  now  has  in  relation  to  water 
and  gas  pipes  and  sewers,  and  their  connections,  and  the  regulating 
of  the  same,  and  the  opening  of  the  same,  in  the  streets  and  alleys 
of  said  town,  are  hereby  expressly  reserved  as  to  said  Diversey 
street,  in  as  complete  a manner  as  if  the  aforesaid  consent  was  not 
given. 

2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of 
Lincoln  park  commissioners  shall,  within  six  months  from  the 
approval  hereof,  select,  take  and  add  the  said  part  of  Diversey 
street  to  Lincoln  park,  for  the  purpose  aforesaid,  and  upon  the 
terms  and  conditions  aforesaid,  this  ordinance  shall  cease  to  be  of 
any  force  or  effect,  and  the  consent  hereby  given  shall  be  deemed 
to  be  withdrawn. 

1 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  amendatory  ordinance. 

An  Ordinance  to  Amend  an  Ordinance  Entitled  “An  Ordinance  Au- 
thorizing the  Board  of  Lincoln  Park  Commissioners  to  Take,  Regulate, 
Improve  and  Control  that  Part  of  Diversey  Street  Lying  Between  the 
East  Line  of  Clark  Street  and  Lake  Michigan  in  the  Town  of  Lake 
View.’’  (Passed  and  Approved  December  20,  1886.  Passed  May  2,  1887.) 

1.  Preamble.]  Whereas,  The  owners  of  a majority  of  the 
frontage  of  the  lots  and  lands  abutting  on  that  part  of  Diversey 
street  lying  between  the  east  line  of  Clark  street  and  Lake  Michi- 
gan, in  the  city  of  Lake  View,  have  presented  their  further  petition 
substantially  similar  to  the  petition  set  forth  in  the  ordinance  to 
which  this  is  an  amendment,  except  that  in  the  petition  now  pre- 
sented, the  said  owners  agree  that  the  cost  of  all  improvements 
and  repairs  and  maintenance  of  said  boulevard  shall  be  paid  by  the 
owners  of  property  abutting  thereon,  to  be  assessed  and  collected 
on  said  abutting  property  in  the  manner  provided  by  law; 


220  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§  73b 

And,  Whereas,  it  is  deemed  desirable  that  the  prayer  of  said  last 
mentioned  petition  shall  be  granted. 

1 2.  Amendment.]  Therefore  be  it  ordained  by  the  board  of 
trustees  acting  as  city  council  of  the  city  of  Lake  View:  § i.  An 
ordinance  authorizing  the  board  of  Lincoln  park  commissioners  to 
take,  regulate,  improve  and  control  that  part  of  Diversey  street 
lying  between  the  east  line  of  Clark  street  and  Lake  Michigan  in 
the  town  of  Lake  View,  passed  December  20,1 886,  is  hereby  amended 
so  that  the  consent  therein  given  and  granted  shall  be  upon  the 
further  condition  that  the  cost  of  all  improvement  and  repairs  and 
maintenance  of  the  boulevard  mentioned  in  said  ordinance,  shall 
be  paid  by  the  owners  of  property  abutting  thereon,  to  be  assessed 
and  collected  on  said  abutting  property  in  the  manner  provided  by 
law. 

§ 73b.  Diversey  avenue,  east  line  Clark  street  to  north  branch. 

Tf  1.  Preamble — grant. 

T|  2.  Limitations  and  conditions. 

*[\  3.  Rights  reserved. 

4.  Cross  streets  reserved. 

If  5.  Taxes  limited. 

^f  6.  Acceptance. 

If  7.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  Take, 
Regulate,  Control  and  Improve  Diversey  Avenue  from  Clark  Street  to 
the  Chicago  River.  (Passed  September  21,  1891.  Accepted  October  21, 
1891.) 

If  1.  Part  of  Diversey  avenue  granted  to  park  board.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  Whereas, 

the  board  of  Lincoln  park  commissioners  are  about  selecting  and 
taking,  for  the  uses  and  purposes  mentioned  in  an  act  of  the 
general  assembly  of  the  state  of  Illinois,  approved  April  9,  A.  D. 
1879,  entitled,  “An  Act  to  enable  park  commissioners  and  corporate 
authorities  to  take,  regulate,  control  and  improve  public  streets 
leading  to  public  parks,  to  pay  for  the  improvements  thereof,  and 
in  that  behalf  to  makd  and  collect  a special  assessment  or  special 
tax  on  contiguous  property,"  and  the  acts  amendatory  thereof,  all 
that  part  or  portion  of  Diversey  avenue  between  the  east  line  of 
Clark  street  and  the  north  branch  of  the  Chicago  river,  in  the  city 
of  Chicago;  and  the  consent  of  the  owners  of  a majority  of  the 
frontage  of  the  lots  abutting  on  said  street,  so  far  as  taken  or  pro- 
posed to  be  taken,  having  been  obtained,  therefore,  consent  is 
hereby  given  and  granted  to  the  said  board  of  Lincoln  park  com- 
missioners to  take,  regulate,  control  and  improve  that  described 
part  of  Diversey  avenue,  in  manner  and  for  uses  providedpn  the 
said  act  of  the  general  assembly,  as  a park  driveway  and  for  park 
purposes  only.  And  full  power  and  authority  are  hereby  granted 
to  said  board  to  control,  improve  and  maintain  the  part  of  said 
avenue,  so  to  be  taken  as  aforesaid,  for  the  purpose  of  carrying 


DIVERSEY  AVENUE. 


221 


§§  73c,  73d] 

out  the  provisions  of  said  act  of  the  general  assembly  and  the 
amendments  thereto. 

«[  2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  board  of 
Lincoln  park  commissioners  shall  never,  at  any  time  hereafter, 
grant,  permit  or  give  to  any  person,  persons  or  corporation,  now 
in  existence  or  that  may  hereafter  be  organized,  any  permission  or 
right  of  way  to  construct  on  said  boulevard  any  horse,  cable,  steam, 
electric  or  other  railway  of  any  character  or  description  whatever, 
whether  such  railway  is  proposed  to  be  placed  beneath,  on  or  above 
the  surface  of  said  boulevard. 

1 3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  hereby 
expressly  reserves  the  right  to  lay,  under  the  surface  of  said  street, 
water,  gas  or  other  pipes,  and  to  build  and  repair  sewers  in  said 
Diversey  avenue,  to  lay  electric  or  other  wires  and  make,  other 
underground  improvements  in  the  same  manner  and  to  the  same 
extent  that  said  city  of  Chicago  might  heretofore  have  done. 

1 4.  Cross  streets — rights  reserved.]  § 4-  This  ordinance 
shall  not  be  held  nor  construed  to  in  any  way  surrender  or  abridge 
the  right  of  the  city  of  Chicago  to  control,  for  any  purpose  not 
inconsistent  with  such  use  as  a boulevard,  such  portions  of  cross 
streets  as  constitute,  in  common,  a portion  of  such  cross  streets  and 
said  Diversey  avenue. 

1 5.  Limitation  of  taxation.]  § 5.  The  owners  of  property 
fronting  on  said  Diversey  avenue  shall  never  be  taxed  or  assessed, 
for  the  purpose  of  maintaining  said  proposed  boulevard,  more  than 
twenty-five  cents  per  front  foot  per  annum. 

•f  6.  Acceptance  of  grant.]  § 6.  Unless  said  board  of  Lin- 
coln park  commissioners  shall,  within  thirty  days  after  the  passage 
of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the  said 
parts  of  said  avenue  for  the  purposes  aforesaid,  this  ordinance  shall 
cease  to  be  of  any  force  and  effect,  and  the  consent  given,  by  sec- 
tion one,  aforesaid,  shall  be  deemed  to  be  withdrawn. 

T 7.  In  force  after  passage.]  § 7.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

§ 73c.  Diversey  avenue,  east  line  Clark  street  and  north  branch. 

1.  Grant. 

2.  Limitation  of  the  grant. 

I 3*  Reservation  of  rights. 

If  4.  Cross  streets  reserved. 

if  5-  Acceptance  of  the  grant. 

II  6.  In  force  from  and  after  passage. 

§ 73d.  Repeal. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  Take, 

Regulate,  Control  and  Improve  Diversey  Avenue  from  Clark  Street  tc 

the  North  Branch  of  the  Chicago  River.  (Passed  January  14,  1895. 

Accepted  April  12,  1895.) 


222 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  73^ 


1 1.  Portion  of  Diversey  avenue  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 

Whereas,  The  board  of  Lincoln  park  commissioners  are  about  select- 
ing and  taking,  for  the  uses  and  purposes  mentioned  in  an  act  of 
the  general  assembly  of  the  state  of  Illinois,  approved  April  9, 
A.  D.  1879,  entitled  “An  Act  to  enable  park  commissioners  and 
corporate  authorities  to  take,  regulate,  control  and  improve  public 
streets  leading  to  public  parks,  to  pay  for  the  improvements  thereof, 
and  in  that  behalf  to  make  and  collect  a special  assessment  or 
special  tax  on  contiguous  property,”  and  the  acts  amendatory 
thereof,  all  that  part  or  portion  of  Diversey  avenue  between  the 
east  line  of  Clark  street  and  the  north  branch  of  the  Chicago  river, 
in  the  city  of  Chicago,  and  the  consent  of  the  owners  of  a majority 
of  the  frontage  of  the  lots  abutting  on  said  street,  so  far  as  taken  or 
proposed  to  be  taken,  having  been  obtained,  therefore,  consent  is 
hereby  given  and  granted  to  the  said  board  of  Lincoln  park  com- 
missioners to  take,  regulate,  control  and  improve  that  described 
part  of  Diversey  avenue,  in  manner  and  for  uses  provided  in  .the 
said  act  of  the  general  assembly,  as  a park  driveway,  and  for  park 
purposes  only.  And  full  power  and  authority  are  hereby  granted 
to  said  board  to  control,  improve  and  maintain  the  part  of  said 
avenue,  so  to  be  taken  as  aforesaid,  for  the  purpose  of  carrying  out 
the  provisions  of  said  act  of  the  general  assembly  and  the  amend- 
ments thereto. 

1"  2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  board  of 
Lincoln  park  commissioners  shall  never,  at  any  time  hereafter, 
grant,  permit  or  give,  to  any  person,  persons  or  corporation,  now 
in  existence  or  that  may  hereafter  be  organized,  any  permission  or 
right  of  way  to  construct  on  said  boulevard  any  horse,  cable,  steam, 
electric  or  other  railway  of  any  character  or  description  whatever, 
whether  such  railway  is  proposed  to  be  placed  beneath,  on  or 
above  the  surface  of  said  boulevard. 

If  3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago 
hereby  expressly  reserves  the  rights  to  lay,  under  the  surface  of 
said  street,  water,  gas,  or  other  pipes,  and  to  build  and  repair 
sewers  in  said  Diversey  avenue,  to  lay  electric  or  other  wires,  and 
make  other  underground  improvements,  in  the  same  manner  and 
to  the  same  extent  that  said  city  of  Chicago  might  heretofore  have 
done. 

T 4.  Cross  streets— rights  reserved.]  § 4-  This  ordinance 
shall  not  be  held  nor  construed  to  in  any  way  surrender  the  right 
of  the  city  of  Chicago  to  control,  for  any  purpose  not  inconsistent 
with  such  use  as  a boulevard,  such  portions  of  cross  streets  as  con- 
stitute in  common,  a portion  of  such  cross  streets,  and  said  Diversey 
avenue. 

If  5.  Acceptance  of  grant,]  § 5.  Unless  this  board  of  Lincoln 


FULLERTON  AVENUE. 


223 


§ 74] 


park  commissioners  shall,  within  ninetj^  days  after  the  passage  of 
this  ordinance,  by  the  vote  of  said  board,  select  and  take  the  said 
parts  of  said  avenue  for  the  purposes  aforesaid,  this  ordinance  shall 
cease  to  be  of  any  force  and  effect,  and  the  consent  given  by  section 
one,  aforesaid,  shall  be  deemed  to  be  withdrawn. 

• 6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  ordinance. 

An  Ordinance  Repealing  a Part  of  the  Ordinance  Passed  January  14, 
1895,  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  Take, 
Regulate,  Control  and  Improve  Diversey  Avenue  from  Clark  Street  to 
the  North  Branch  of  the  Chicago  River.  (Passed  April  2,  1896.) 

Part  of  Diversey  avenue  ordinance  repealed.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  an 

ordinance  passed  on  the  14th  day  of  January,  A.  D.  1895,  surren- 
dering to  the  Lincoln  park  commissioners,  for  boulevard  purposes, 
that  part  of  Diversey  street  lying  between  the  east  line  of  Clark 
street  and  the  north  branch  of  the  Chicago  river,  subject  to  certain 
reservations,  be  and  said  ordinance  is  hereby  repealed,  in  so  far 
as  it  undertook  or  purported  to  surrender  to  said  Lincoln  park  com- 
missioners that  part  of  said  Diversey  street  between  the  north 
branch  of  the  Chicago  river  on  the  west  and  the  easterly  line  of 
Clybourn  avenue  on  the  east,  such  portion  of  said  Diversey  avenue 
being  necessary  for  general  traffic  in  order  that  the  bridge  across 
the  north  branch  may  be  properly  utilized.  But  it  is  understood 
that  this  ordinance  in  no  way  affects  or  repeals  the  said  ordinance 
of  January  14,  1895,  as  to  the  portion  of  said  Diversey  street  east 
of  Clybourn  avenue. 

When  in  force.]  § 2.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage. 


FULLERTON  AVENUE. 

* § 74.  Fullerton  avenue,  North  Park  avenue  to  North  Clark 
street. 

*[  1.  Grant. 

m\  2.  Limitation  and  conditions. 

II  3-  Rights  reserved. 

*T  4.  Acceptance. 

IF  5-  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  Take, 
Regulate,  Control  and  Improve  Fullerton  Avenue  from  North  Park 
Avenue  to  North  Clark  Street.  (Passed  July  6,  1891.  Accepted  July  16, 


224 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  74 


T 1.  Grant — part  of  Fullerton  avenue  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § i. 

Whereas,  The  board  of  Lincoln  park  commissioners  are  about  select- 
ing and  taking,  for  the  uses  and  purposes  mentioned  in  an  act  of 
the  general  assembly  of  the  state  of  Illinois,  approved  April  9, 
A.  D.  1879,  entitled  “An  Act  to  enable  park  commissioners  and 
corporate  authorities  to  take,  regulate,  control  and  improve  public 
streets  leading  to  public  parks,  to  pay  for  the  improvements  thereof, 
and  in  that  behalf  to  make  and  collect  a special  assessment  or 
special  tax  on  contiguous  property,”  and  the  acts  amendatory 
thereof,  all  that  part  or  portion  of  F ullerton  avenue  lying  between 
North  Park  avenue  and  North  Clark  street  in  the  city  of  Chicago, 
and  the  consent  of  the  owners  of  a majority  of  the  frontage  of  the 
lots  abutting  on  said  street,  so  far  as  taken  or  proposed  to  be 
taken,  having  been  obtained,  therefore,  consent  is  hereby  given  and 
granted  to  the  said  board  of  Lincoln  park  commissioners  to  take, 
regulate,  control  and  improve  that  described  part  of  Fullerton 
avenue,  in  manner  and  for  uses  provided  in  the  said  act  of  the 
general  assembly,  as  a park  driveway  and  for  park  purposes  only. 
And  full  power  and  authority  are  hereby  granted  to  said  board  to 
control,  improve  and  maintain  the  part  of  said  avenue  so  to  be 
taken  as  aforesaid,  for  the  purpose  of  carrying  out  the  provisions 
of  said  act  of  the  general  assembly  and  the  amendments  thereto. 

1 2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  board  of 
Lincoln  park  commissioners  shall  never,  at  any  time  hereafter, 
grant,  permit  or  give,  to  any  person,  persons  or  corporation,  now 
in  existence  or  that  may  hereafter  be  organized,  any  permission  or 
right  of  way  to  construct  on  said  boulevard  any  horse,  cable, 
steam,  electric  or  other  railway  of  any  character  or  description 
whatever,  whether  such  railway  is  proposed  to  be  placed  beneath, 
on  or  above  the  surface  of  said  boulevard. 

1 3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago 
hereby  expressly  reserves  the  rights  to  lay,  under  the  surface  of 
said  street,  water,  gas  or  other  pipes,  and  to  build  and  repair 
sewers  in  said  Fullerton  avenue,  to  lay  electric  or  other  wires  and 
make  other  underground  improvements  in  the  same  manner  and  to 
the  same  extent  that  said  city  of  Chicago  might  heretofore  have 
done. 

1 4.  Acceptance  of  grant.]  § 4.  Unless  said  board  of  Lincoln 
park  commissioners  shall,  within  thirty  days  after  the  passage  of 
this  ordinance,  by  the  vote  of  said  board,  select  and  take  the  said 
parts  of  said  avenue  for  the  purposes  aforesaid,  this  ordinance  shall 
cease  to  be  of  any  force  and  effect,  and  the  consent  given  by 
section  1,  aforesaid,  shall  be  deemed  to  be  withdrawn. 

1"  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


FULLERTON  AVENUE. 


225 


74*] 


FULLERTON  AVENUE. 

§ 74*.  Fullerton  avenue,  North  Clark  street  to  Orchard  street, 
i.  Grant. 

if  2.  Limitation  and  conditions, 
if  3.  Rights  reserved. 

^f  4.  Acceptance. 

if  5.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  Take, 

Regulate,  Control  and  Improve  Fullerton^Avenue  from  North  Clark 

Street  to  Orchard  Street.  (Passed  February  20,  1893.  Accepted  April  5, 

1893-) 

if  1.  Grant— part  of  Fullerton  avenue  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 

Whereas,  The  board  of  Lincoln  park  commissioners  are  about 
selecting  and  taking,  for  the  uses  and  purposes  mentioned  in  the 
act  of  the  general  assembly  of  the  state  of  Illinois,  approved  April 
9,  1879,  entitled  “An  Act  to  enable  park  commissioners  and  cor- 
porate authorities  to  take,  regulate,  control  and  improve  public 
streets  leading  to  public  parks,  to  pay  for  the  improvements  thereof, 
and  in  that  behalf  to  make  and  collect  a special  assessment  or 
special  tax  on  contiguous  property,”  and  the  acts  amendatory 
thereof,  all  that  portion  or  part  of  Fullerton  avenue  lying  between 
the  east  line  of  North  Clark  street  and  the  west  line  of  Orchard 
street,  in  the  city  of  Chicago,  and  the  consent  of  the  owners  of  a 
majority  of  the  frontage  of  the  lots  abutting  on  said  street,  so  far 
as  taken  or  proposed  to  be  taken,  having  been  obtained,  therefore 
consent  is  hereby  given  and  granted  to  the  said  board  of  Lincoln 
park  commissioners  to  take,  regulate,  control  and  improve  that 
described  part  of  Fullerton  avenue,  in  manner  and  for  uses  pro- 
vided in  the  said  act  of  the  general  assembly,  as  a park  driveway, 
and  for  park  purposes  only,  and  full  power  and  authority  is  hereby 
granted  to  said  board  to  control,  improve  and  maintain  the  part  of 
said  avenue  so  to  be  taken  as  aforesaid,  for  the  purpose  of  carrying  out 
the  provisions  of  said  act  of  the  general  assembly  and  the  amend- 
ments thereto. 

f % 2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  the  said 
board  of  Lincoln  park  commissioners  shall  never,  at  any  time 
hereafter,  grant,  permit  or  give,  to  any  person,  persons  or  corpora- 
tion now  in  existence  or  that  may  hereafter  be  organized,  any 
permission  or  right  of  way  to  construct  on  said  boulevard  any  horse, 
cable,  steam,  electric  or  other  railway  of  any  character  or  descrip- 
tion whatever,  whether  such  railway  is  proposed  to  be  placed 
beneath,  on  or  above  the  surface  of  said  boulevard. 

T 3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  hereby 
expressly  reserves  the  rights  to  lay,  under  the  surface  of  said  street, 
water,  gas  or  other  pipes,  and  to  build  and  repair  sewers  in  said 


226  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§  75 

Fullerton  avenue,  to  lay  electric  or  other  wires,  and  make  other 
underground  improvements,  in  the  same  manner  and  to  the  same 
extent  that  the  city  of  Chicago  might  heretofore  have  done. 

T 4.  Acceptance  of  grant.]  § 4.  Unless  said  board  of  Lin- 
coln park  commissioners  shall,  within  ninety  days  after  the  passage 
of  this  ordinance,  by  the.  vote  of  said  board,  select  and  take  the  said 
parts  of  said  avenue  for  the  purposes  aforesaid,  this  ordinance  shall 
cease  to  be  of  any  force  and  effect,  and  the  consent  given  by  section 
1 shall  be  deemed  to  be  withdrawn. 

1 5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


GRANVILLE  AVENUE. 

§ 75.  Granville  avenue — names  of  streets  changed. 

\ 1.  Preamble  and  grant. 

T|  2.  Limitations  and  conditions. 

3.  Reservation  of  rights. 

1 4.  As  to  cross  streets. 

5*  Acceptance. 

If  6.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to 
Take,  Regulate,  Control  and  Improve  Granville  Avenue  from  Sheffield 
Avenue  to  Ridge  Avenue  and  Ridge  Avenue  from  Granville  Avenue  to 
Homan  Avenue.  (Passed  November  16,  1896.) 

T 1.  Part  of  Granville  avenue  and  Ridge  avenue  granted  to 
park  board.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  Whereas,  The  board  of  Lincoln  park  commissioners 
are  about  selecting  and  taking,  for  the  uses  and  purposes  men- 
tioned in  an  act  of  the  general  assembly  of  the  state  of  Illinois,  ap- 
proved April  9,  A.  D.  1879,  entitled  “An  Act  to  enable  park  com- 
missioners and  corporate  authorities  to  take,  regulate,  control  and 
improve,  public  streets  leading  to  public  parks,  to  pay  for  the  im- 
provements thereof  and,  in  that  behalf,  to  make  and  collect  a 
special  assessment  or  special  tax  on  contiguous  property,”  and  the 
acts  amendatory  thereof ; all  that  part  or  portion  of  Granville  ave- 
nue (formerly  Grand  avenue),  between  the  east  line  of  Sheffield 
avenue  (or  the  Sheridan  road)  and  the  west  line  of  Ridge  avenue, 
and  all  that  portion  of  Ridge  avenue  between  the  south  line  of 
Granville  avenue  and  the  center  line  of  Homan  avenue  in  the  town- 
ship of  Lake  View  in  the  city  of  Chicago;  and  the  consent  of  the 
owners  of  a majority  of  the  frontage  of  the  lots  abutting  on  said 
street,  so  far  as  taken  or  proposed  to  be  taken,  having  been  obtained, 
therefore  consent  is  hereby  given  and  granted  to  the  said  board  of 
Lincoln  park  commissioners  to  take,  regulate,  control  and  improve 


§75] 


GRANVILLE  AVENUE. 


227 


that  described  part  of  said  Granville  and  Ridge  avenues,  in  manner 
and  for  uses-  provided  in  the  said  act  of  the  general  assembly,  as  a 
park  driveway  and  for  park  purposes  only.  And  full  power  and 
authority  are  hereby  granted  to  said  board,  to  control,  improve 
and  maintain  the  part  of  said  avenues,  so  to  be  taken  as  aforesaid, 
for  the  purpose  of  carrying  out  the  provisions  of  said  act  of  the 
general  assembly  and  the  amendments  thereto. 

1 2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  board  of 
Lincoln  park  commissioners  shall  never,  at  any  time  hereafter, 
grant,  permit  or  give  to  any  person,  persons  or  corporation  now  in 
existence,  or  that  may  hereafter  be  organized,  any  permission  or 
right  of  way  to  construct  on  said  boulevard  any  horse,  cable, 
steam,  electric  or  other  railway  of  any  character  or  description 
whatever,  whether  such  railway  is  proposed  to  be  placed  beneath, 
on  or  above  the  surface  of  said  boulevard. 

T 3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  here- 
by expressly  reserves  the  rights  to  lay  under  the  surface  of  said 
streets,  water,  gas  or  other  pipes,  and  to  build  and  repair  sewers 
in  said  Granville  and  Ridge  avenues,  to  lay  electric  or  other  wires  and 
make  other  underground  improvements  in  the  same  manner  and 
to  the  same  extent  that  said  city  of  Chicago  might  heretofore  have 
done. 

If  4.  Cross  streets— rights  reserved.]  § 4.  This  ordinance 
shall  not  be  held  nor  construed  to  in  any  way  surrender  the  right 
of  the  city  of  Chicago  to  control  for  any  purpose  not  inconsistent 
with  such  use  as  a boulevard  such  portions  of  cross  streets  as  con- 
stitute, in  common,  a portion  of  such  cross  streets  and  said  Gran- 
ville and  Ridge  avenues. 

IT  5.  Acceptance  of  grant.]  § 5.  Unless  this  board  of  Lin- 
coln park  commissioners  shall,  within  ninety  days  after  the  passage 
of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the 
said  parts  of  said  avenues  for  the  purposes  aforesaid,  this  ordinance 
shall  cease  to  be  of  any  force  and  effect,  and  the  consent  given  by 
section  1,  aforesaid,  shall  be  deemed  to  be  withdrawn. 

If  6.  In  force  from  and  after  passage.]  § 6.  This  ordinance 
shall  be  in  force  from  and  after  its  passage. 


228 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  76 


LAKE  VIEW  AVENUE. 

§ 76.  Lake  View  avenue — part  granted. 

T[  1.  Grant  of  part  running  north  from  Lincoln  park — personal  and 
conditional. 

An  Ordinance  Authorizing  the  Lincoln  Park  Commissioners  to  Take 

and  Control  a Part  of  Lake  View  Avenue.  (Passed  February  20,  1882. 

Accepted  special  May  7,  1882.) 

If  1.  Preamble.]  Whereas,  The  owners  of  a majority  of  the 
lots  and  lands  abutting  upon  Lake  View  avenue,  a public  street  in 
the  town  of  Lake  View  in  the  county  of  Cook  and  state  of  Illinois, 
running  from  Lincoln  park  north  to  the  south  line  of  the  north  ten 
acres  of  the  east  half  of  the  northwest  quarter  of  section  28  in  the 
said  town,  connecting  Lincoln  park  and  its  driveways  with  a part 
of  said  town  of  Lake  View  and  lying  within  the  territory,- the 
property  of  which  is  taxable  for  the  maintenance  of  Lincoln  park, 
have  presented  their  petition  in  writing  to  the  board  of  trustees  of 
the  said  town  of  Lake  View  praying  that  the  said  board  of  trustees 
consent  that  said  street  may  be  selected  and  taken  by  the  com- 
missioners of  Lincoln  park  as  a connecting  street  leading  to  said 
park,  and  that  the  power  and  control  over  the  street  may  be  trans- 
ferred to  said  park  commissioners,  said  petitioners  and  property 
represented  by  them  being  as  follows : 

L.  D.  Hoard — Lots  one  (1)  and  two  (2)  in  the  resubdivision  of 
block  one  (1)  of  Le  Moyne’s  subdivision  of  south  part  of  east  half 
of  northwest  quarter  of  section  twenty-eight  (28). 

Swain  Nelson  & Olof  Benson — Lot  three  (3)  in  same  resub- 
division. 

Margaret  E.  Young — Lots  five  (5),  six  (6)  and  seven  (7)  and 
undivided  one-half  of  lot  four  (4)  in  same  resubdivision. 

W.  W.  Thompson,  Emma  E.  Chase,  Susan  J.  Pitkin,  Mary  D. 
Thompson,  Charles  D.  Thompson  and  John  G.  Shortall — Sub-lot 
seven  (7)  in  assessor’s  subdivision  of  lots  one  (1)  and  two  (2)  in  the 
city  of  Chicago’s  subdivision  of  the  east  fractional  half  of  section 
twenty-eight  (28). 

E.  W.  Thompson — Sub-lot  six  (6)  in  assessor’s  subdivision 
aforesaid. 

John  G.  Shortall — South  one  hundred  twenty-one  and  two- 
tenths  feet  ( 1 2 1 yq  feet)  of  sub-lot  five  (5)  in  assessor’s  subdivision 
aforesaid. 

P.  F.  Pettibone — Sub-lots  two  (2)  and  four  (4)  in  county  clerk’s 
division  of  lots  two  (2),  three  (3),  four  (4)  and  part  of  one  (1)  of 
assessor’s  subdivision  aforesaid. 

Ruth  A.  McCoy — Sub-lot  three  (3)  in  county  clerk’s  division 
aforesaid. 

James  Watts — Sub-lot  five  (5)  in  county  clerk’s  division  afore- 
said. 


LAKE  VIEW  AVENUE. 


229 


§ 76] 

Edmund  Gale — Sub-lot  six  (6)  in  county  clerk’s  division  afore- 
said. 

A.  S.  Walker — Sub-lot  seven  (7)  in  county  clerk’s  division  afore- 
said. 

James  M.  Allen  and  C.  L.  Knapp — Sub-lot  nine  (9)  in  county 
clerk’s  division  aforesaid. 

Augustus  Kountze — Blocks  one  (1)  and  three  (3)  in  Lake  front 
addition,  and  lots  twenty-one  (21),  twenty-two  (22),  twenty-three 
(23),  twenty-four  (24)  and  twenty-five  (25)  in  Culver’s  addition. 

Conrad  Gehrke — Block  one  (1)  and  lots  ten  (10),  eleven  (n)  and 
twelve  (12),  in  block  two  (2),  in  Brauckman  & Gehrke ’s  subdi- 
vision in  said  section  28. 

Lawrence  Proudfoot — Lots  eight  (8),  nine  (9),  ten  (10)  and 
eleven  (11)  in  Baker’s  subdivision  in  said  section  28. 

Charles  E.  Culver — Lots  twelve  (12)  and  thirteen  (13)  in  same 
subdivision. 

George  B.  Carpenter  & Albert  L.  Coe,  trustees  estate  of  H.  P. 
Hubbard — Lots  “A,”  one  (1),  two  (2)  and  three  (3)  in  Gilbert  Hub- 
bard’s Addition  to  Chicago. 

Albert  L.  Sercomb — Lots  “B,”  twenty- two  (22),  twenty- three 
(23)  and  twenty-four  (24)  in  same  subdivision. 

Part  of  Lake  View  avenue  granted  to  park  board.]  Be  it 

therefore  ordained  that  the  board  of  trustees  of  the  town  of  Lake 
View,  the  corporate  authorities  of  said  town,  hereby  consent  that  the 
board  of  commissioners  of  Lincoln  park  may  take  the  street  called 
“Lake  View  avenue”  running  from  Lincoln  park  north  to  the 
south  line  of  the  north  ten  acres  of  the  east  half  of  the  northwest 
quarter  of  section  twenty-eight  (28)  in  said  town  and  have  the 
same  power  & control  over  the  same  as  are  or  may  be  by  law 
vested  in  them  of  and  concerning  Lincoln  park  & the  driveways 
under  their  control. 

And  it  is  further  ordained  that  the  said  board  of  commissioners 
of  Lincoln  park  be  & they  are  hereby  invested  with  the  right  to  con- 
trol, improve  & maintain  the  said  street  called  Lake  View  avenue, 
for  the  purpose  of  carrying  out  in  regard  thereto  the  provisions  of 
the  act  of  the  general  assembly  of  the  state  of  Illinois  entitled  “An 
Act  to  enable  park  commissioners  or  corporate  authorities  to  take, 
regulate,  control  & improve  public  streets  leading  to  public  parks, 
to  pay  for  the  improvement  thereof  & in  that  behalf  to  make  and 
collect  a special  assessment  or  special  tax  on  contiguous  property.” 
Approved  & in  force  April  9,  1879. 

Provided,  however,  & it  is  hereby  further  ordained,  that  the 
right  to  use  for  ordinary  purposes  all  streets  crossing  said  Lake 
View  avenue  &,  from  time  to  time,  to  lay  & repair  sewers,  water 
pipes  & gas  pipes  along  said  streets  & avenue  as  the  public  need 
may  require,  be  & the  same  is  hereby  reserved  to  the  said  town  of 
Lake  View;  provided,  always,  that  in  case  any  sewer,  water  pipe 
or  gas  pipe  shall  be  laid  or  repaired  in  said  avenue  by  said  town, 


230 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  76a 


the  same  shall  be  so  laid  or  repaired  with  as  little  disturbance  of 
the  improvements  of  said  avenue  & with  as  little  interruption  of 
travel  thereon,  & of  the  use  of  said  avenue  by  said  park  commis- 
sioners as  possible,  & that  said  town  shall,  upon  completion  of  the 
laying  or  repairing  of  such  sewer,  water  pipe  or  gas  pipe,  as  far  as 
can  be  done,  restore  the  said  avenue  or  driveway  to  as  good  a con- 
dition as  before  its  disturbance  by  said  town. 


§ 76a.  Lake  View  avenue.  More  granted. 

% 1.  Grant  to  north  line  Belmont  avenue — conditional  and  personal. 
\ 2.  Rights  reserved. 

•j}  3.  Repeal. 

If  4.  In  force  from  and  after  passage. 


An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners 
to  Take,  Regulate,  Control  and  Improve  that  Part  of  Lake  View 
Avenue  from  the  South  Line  of  the  North  Ten  Acres  of  the  East  One- 
Half  of  the  North-west  Quarter  of  Section  28,  Township  40  North, 
Range  14,  to  the  North  Line  of  Belmont  Avenue.  (Passed  March  5,  1888.) 


Preamble.]  Whereas,  A majority  of  the  owners  of  the  frontage 
of  the  lots  and  lands  abutting  on  that  part  of  Lake  View  avenue 
lying  between  the  south  line  of  the  north  ten  acres  of  the  east  one- 
half  of  the  northwest  quarter  of  section  28,  township  forty  (40)  north, 
range  14,  and  the  north  line  of  Belmont  avenue  have  presented 
their  consent  and  petition  of  the  city  council  of  Lake  View,  in  the 
words  and  figures  following,  to  wit: 


Chicago,  November  21,  1887. 

To  the  City  Council  of  Lake  View,  111. 

The  undersigned  being  all  owners  of  lot  A and  lots  1 to  6 (both  inclusive) 
in  block  one  (1)  of  Kimball  Young’s  subdivision  of  the  north  ten  acres  of  the 
east  one-half  of  the  northwest  quarter  of  section  28,  township  40  north,  range  14 
east  third  principal  meridian  in  Cook  county,  Illinois,  respectfully  show  unto  your 
honorable  board  that  whereas  that  part  of  Lake  View  avenue  in  said  Lake  View, 
south  of  the  south  line  of  the  above  described  property  and  north  of  Diversey 
avenue,  has  been  transferred  and  turned  over  to  the  control  of  the  board  of  park 
commissioners  of  Lincoln  park  in  said  county. 

Now,  therefore,  the  undersigned  hereby  consent  that  the  said  board  of  park 
commissioners  may,  with  your  consent,  select  and  take  that  part  of  said  Lake 
View  avenue  lying  north  of  the  south  line  of  the  property  above  described  for 
boulevard  or  driveway  in  connection  with  that  part  of  Lake  View  avenue  first 
above  described  upon  the  same  terms  and  conditions  as  said  south  portion  of 
Lake  View  avenue. 


Timothy  A.  Young, 
Ellen  A.  Young, 
Fannie  F.  Young, 
Kimball  Young. 


j>By  Kimball  Young,  Agent. 


And,  Whereas,  The  said  board  of  Lincoln  park  commissioners 
were  authorized  to  take,  regulate,  control  and  improve  the  said 
south  portion  of  said  Lake  View  avenue  upon  the  basis  of  an  ordi- 
nance passed  by  the  board  of  trustees  of  the  town  of  Lake,  and 
approved  by  the  president  of  said  board  on  February  20,  1882. 

1 1.  Part  of  Lake  View  avenue  granted  to  park  board.] 

Therefore  be  it  ordained  by  the  city  council  of  the  city  of  Lake 


LAKE  VIEW  AVENUE. 


231 


§ 76a] 

View:  § 1.  That  the  consent  of  the  city  of  Lake  View  is  hereby 
given  and  granted  to  the  said  board  of  park  commissioners  of  Lin- 
coln park,  to  take  the  street  called  Lake  View  avenue  from  the 
south  line  of  the  north  ten  acres  of  the  east  one-half  of  the  north- 
west quarter  of  section  28,  town  40  north,  range  14,  to  the  north 
line  of  Belmont  avenue  in  said  city,  and  to  have  the  same  power 
and  control  over  the  same  as  are  or  may  be  by  law  vested  in  them, 
of  and  concerning  Lincoln  park  and  the  driveways  under  their 
control. 

1 2.  Grant — rights  reserved.]  § 2.  It  is  further  ordained 
that  the  said  board  of  commissioners  of  Lincoln  park  be  and  they 
are  hereby  invested  with  the  right  to  control,  improve  and  main- 
tain the  said  street  called  Lake  View  avenue,  between  the  points 
above  described,  for  the  purpose  of  carrying  out  in  regard  thereto 
the  provisions  of  the  act  of  the  general  assembly  of  the  state  of 
Illinois,  entitled  “An  Act  to  enable  park  commissioners  or  corpo- 
rate authorities  to  take,  regulate,  control  and  improve  public  streets 
leading  to  public  parks,  to  pay  for  the  improvement  thereof,  and 
in  that  behalf  to  make  and  collect  a special  assessment  or  special 
tax  on  contiguous  property,”  approved  and  in  force  April  6,  1879. 

Provided,  however,  and  it  is  hereby  further  ordained,  that  the 
right  to  use  for  ordinary  purposes  all  streets  crossing  said  Lake 
View  avenue,  and  from  time  to  time,  to  lay  and  repair  sewers, 
water  pipes  and  gas  pipes  along  said  street  and  avenue  as  the  pub- 
lic need  may  require,  be  and  the  same  is  hereby  reserved  to  the 
said  city  of  Lake  View. 

Provided,  always,  that  in  case  any  sewer,  water  pipe  or  gas  pipe 
shall  be  laid  or  repaired  in  said  avenue  by  said  city,  the  same  shall 
be  so  laid  or  repaired  with  as  little  disturbance  of  the  improve- 
ments of  said  avenue,  and  with  as  little  interruption  of  travel 
thereon  and  of  the  use  of  said  avenue  by  said  park  commissioners 
as  possible,  and  that  said  city  shall,  upon  completion  of  the  laying 
or  repairing  of  such  sewer,  water  pipe  or  gas  pipes,  as  far  as  can 
be  done,  restore  the  said  avenue  or  driveway  to  as  good  a condition 
as  before  its  disturbance  by  said  city. 

9 3.  Repeal.]  § 3.  An  ordinance  entitled  “An  ordinance 
authorizing  the  board  of  Lincoln  park  commissioners  to  take,  regu- 
late, control  and  improve  that  part  of  Lake  View  avenue  from  the 
south  line  of  the  north  ten  acres  of  the  east  one-half  of  the  north- 
west quarter  of  section  28,  township  40  north,  range  14,  to  the 
north  line  of  Belmont  avenue,”  approved  December  23,  1887,  is 
hereby  repealed. 

9 4.  In  force  from  and  after  passage.]  § 4.  This  ordinance 
shall  be  in  force  from  and  after  its  passage. 


232  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§  7 7 

NORTH  AVENUE. 

§ 77.  North  avenue. 

1.  Grant  provisional. 

If  2.  Acceptance. 

f 3.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners 
to  Take,  Regulate,  Control  and  Improve  North  Avenue  from  Clark 
Street  to  the  Lake  Shore  Drive.  (Passed  December  28,  1885.  Accepted 
January  11,  1886.) 

T 1.  Part  of  North  avenue  granted  to  park  board.]  Be 

it  ordained  by  the  city  Council  of  the  city  of  Chicago:  § i. 

Whereas,  The  board  of  Lincoln  park  •commissioners  are  about 
selecting  and  taking,  for  the  uses  and  purposes  mentioned  in  an  act 
of  the  general  assembly  of  the  state  of  Illinois,  approved  April  9, 
A.  D.  1879,  entitled  “An  Act  to  enable  park  commissioners  and 
corporate  authorities  to  take,  regulate,  control  and  improve  public 
streets  leading  to  public  parks,  to  pay  for  the  improvements  there- 
of, and  in  that  behalf  to  make  and  collect  a special  assessment,  or 
special  tax,  on  contiguous  property,  - ’ and  an  act  amendatory  there- 
of, approved  June  27,  1885,  that  part  of  North  avenue  situated  and 
lying  between  the  east  side  of  Clark  street  and  the  west  side  of  the 
Lake  Shore  drive,  and  the  consent  of  the  owners  of  a majority  of 
the  frontage  of  the  lots  abutting  on  said  street,  so  far  as  taken,  or 
proposed  to  be  taken,  having  been  obtained,  therefore  consent  is 
hereby  given  and  granted  to  the  said  board  of  Lincoln  park  com- 
missioners to  take,  regulate,  control  and  improve  the  described 
part  of  North  avenue,  in  manner  and  for  uses  provided  in  the  said 
act  of  the  general  assembly,  as  a park  driveway,  and  for  park  pur- 
poses only.  And  full  power  and  authority  are  hereby  granted  to 
said  board  to  control,  improve  and  maintain  the  part  of  said  avenue 
so  as  to  be  taken  as  aforesaid,  for  the  purpose  of  carrying  out  the 
provisions  of  said  act  of  the  general  assembly  and  the  amend- 
ments thereto.  Provided,  however,  that  the  moneys  which  shall 
from  time  to  time  be  expended  for  the  improvement,  repair  and 
maintenance  of  south  half  of  said  avenue  so  taken  shall  be  raised 
by  special  assessment,  to  be  made  as  provided  by  law,  upon  the 
lots  abutting  thereon. 

IT  2.  Acceptance  of  grant.]  § 2.  Unless  said  board  of  Lin- 
coln park  commissioners  shall  within  sixty  days  after  the  passage 
of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the 
said  parts  of  the  said  avenue  for  the  purposes  aforesaid,  this  ordi- 
nance shall  cease  to  be  of  any  force  and  effect,  and  the  consent 
given  by  section  1,  aforesaid,  shall  be  deemed  to  be  withdrawn. 

^ 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


§78] 


NORTH  PARK  AVENUE. 


233 


NORTH  PARK  AVENUE. 

§ 78.  North  Park  avenue,  North  Clark  street  to  Fullerton 
avenue. 

1.  Grant — provisional  and  conditional. 

2.  Acceptance. 

3.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners 

to  Take,  Regulate,  Control  and  Improve  North  Park  Avenue  from 

North  Clark  Street  to  Fullerton  Avenue.  (Passed  August  10,  1885. 

Accepted  November  9,  1885.) 

f 1.  Part  of  North  Park  avenue  granted  to  park  board.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That, 
Whereas,  the  general  assembly  has  passed  an  act  which  was  duly 
approved  June  26,  A.  D.  1885,  entitled  “An  Act  to  amend  sections 
1 and  2 of  an  act  entitled  ‘An  Act  to  enable  park  commissioners 
and  corporate  authorities  to  take,  regulate,  control  and  improve 
public  streets  leading  to  public  parks,  to  pay  for  the  improvements 
thereof,  and  in  that  behalf  to  make  and  collect  a special  assess- 
ment, or  special  tax,  on  contiguous  property,’  ’’  approved  April  9, 
A.  D.  1879;  and 

Whereas,  The  board  of  Lincoln  park  commissioners  are  about 
selecting  and  taking  for  the  uses  and  purposes  in  said  act  men- 
tioned that  part  of  North  Park  avenue  extending  from  the  inter- 
section of  North  Clark  street  and  North  Park  avenue,  to  the  center 
line  of  Fullerton  avenue,  in  the  cit}^  of  Chicago,  and  the  consent 
in  writing  of  a majority  of  the  frontage  of  the  lots  and  lands 
abutting  on  said  North  Park  avenue,  so  far  as  taken,  or  proposed 
to  be  taken,  by  said  board,  having  been  obtained. 

Now,  therefore,  consent  is  hereby  given  and  granted  to  the 
said  board  of  Lincoln  park  commissioners  to  take,  regulate,  control 
and  improve  the  before  described  part  of  North  Park  avenue,  be- 
tween the  intersection  of  North  Clark  street  and  North  Park  ave- 
nue and  the  center  line  of  Fullerton  avenue,  in  the  city  of  Chicago, 
in  manner  and  form  provided  in  the  said  acts  of  the  general  as- 
sembly, for  the  purpose  of  adding  to  said  Lnicoln  park  said  part  of 
North  Park  avenue,  adjoining  and  parallel  to  the  western  boundary 
line  of  said  Lincoln  park ; 

Provided,  however,  that  nothing  in  this  ordinance  contained 
shall  be  construed  as  a waiver  or  relinquishment  by  or  on  the  part 
of  said  city  of  any  of  its  rights  or  powers  in  relation  to  the  laying 
of  water  pipes  and  the  building  and  repairing  of  sewers  in  said 
North  Park  avenue,  and  the  regulating  of  openings  for  the  same. 
All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipes,  and  sewers  and  their  connections,  and  the  regulation  of  the 
same,  and  the  opening  for  the  same  in  streets  and  alleys  of  said 
city,  being  hereby  expressly  reserved  as  to  the  said  part  of  North 
Park  avenue  in  as  ample  a manner  as  if  the  aforesaid  consent  were 
not  given. 


234 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  78a 


T 2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of  Lin- 
coln park  commissioners  shall,  within  six  months  from  the  approval 
hereof,  select,  take  and  add  the  said  part  of  North  Park  avenue  for 
the  purpose  aforesaid,  this  ordinance  shall  cease  to  be  of  any  force 
or  effect,  and  the  consent  hereby  given,  by  section  one,  aforesaid, 
shall  be  deemed  to  be  withdrawn. 

1 3.  When  in  force.]  § 3.  This.ordinace  shall  be  in  force  from 
and  after  its  passage. 

§ 78a.  North  Park  avenue. 

T[  1.  Grant,  conditional  and  personal. 

2.  Acceptance. 

it  3-  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  take, 
Regulate,  Control  and  Improve  North  Park  Avenue,  from  North  Clark 
Street  to  Fullerton  Avenue.  (Passed  July  15,  1886.  Accepted  October 
18,  1886.) 

1 1.  Part  of  North  Park  avenue  granted  to  park  board.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That, 

whereas,  the  general  assembly  has  passed  an  act,  which  was  duly 
approved  June  26,  A.  D.  1885,  entitled  “An  Act  to  amend  sections 
1 and  2 of  an  act  entitled  ‘An  Act  to  enable  park  commissioners 
and  corporate  authorities  to  take,  regulate,  control  and  improve 
public  streets  leading  to  public  parks,  to  pay  for  the  improvements 
thereof,  and  in  that  behalf  to  make  and  collect  a special  assessment 
or  special  tax  on  contiguous  property,’  ’’  approved  April  9,  A.  D. 
1879;  and,  whereas,  the  board  of  Lincoln  park  commissioners  are 
about  selecting  and  taking,  for  the  uses  and  purposes  in  said  act 
mentioned,  that  part  of  North  Park  avenue  extending  from  the 
intersection  of  North  Clark  street  and  North  Park  avenue  to  the 
center  line  of  Fullerton  avenue,  in  the  city  of  Chicago,  and  the 
consent,  in  writing,  of  a majority  of  the  owners  of  the  frontage  of 
the  lots  and  lands  abutting  on  said  North  Park  avenue,  so  far  as 
taken  or  proposed  to  be  taken  by  said  board,  has  been  obtained : 
Now,  therefore,  consent  is  hereby  given  and  granted  to  the  said 
board  of  Lincoln  park  commissioners  to  take,  regulate,  control  and 
improve  the  before  described  part  of  North  Park  avenue,  between 
the  intersection  of  North  Clark  street  and  North  Park  avenue,  and 
the  center  line  of  Fullerton  avenue,  in  the  city  of  Chicago,  in 
manner  and  form  provided  in  the  said  act  of  the  general  assembly, 
for  the  purpose  of  adding  to  said  Lincoln  park  said  part  of  North 
Park  avenue  adjoining  and  parallel  to  the  western  boundary  of  said 
Lincoln  park,  upon  the  terms  and  conditions,  and  subject  to  the 
requirements,  in  said  petition  mentioned;  provided,  however,  that 
nothing  in  this  ordinance  contained  shall  be  construed  as  a waiver 
or  relinquishment  on  the  part  of  the  said  city  of  any  of  its  rights  or 
powers  in  relation  to  the  laying  of  water  pipes,  and  the  building 
and  repairing  of  sewers,  in  the  said  North  Park  avenue,  and  the 
regulating  of  openings  for  the  same. 


PINE  STREET. 


235 


79] 


All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipes,  and  sewers  and  their  connections,  and  the  regulation  of  the 
same  and  the  opening  of  the  same,  in  the  streets  and  alleys  of  said 
city,  are  hereby  expressly  reserved  as  to  the  said  part  of  North  Park 
avenue  in  as  ample  a manner  as  if  the  aforesaid  consent  was  not 
given. 

«[  2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of 
Lincoln  park  commissioners  shall,  within  six  months  from  the 
approval  hereof,  select,  take  and  add  the  said  part  of  North  Park 
avenue  to  Lincoln  park,  for  the  purpose  aforesaid,  and  upon  the 
terms  and  conditions  aforesaid,  this  ordinance  shall  cease  to  be  of 
any  force  or  effect,  and  the  consent  hereby  given  shall  be  deemed 
to  be  withdrawn. 

«[  3.  In  force  from  and  after  passage.]  § 3.  This  ordinance 
shall  be  in  force  from  and  after  its  passage. 


PINE  STREET. 

§ 79.  Pine  street,  from  Pearson  to  Oak. 

r.  Grant,  conditional  and  personal. 

2.  Acceptance. 

3.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  Take, 
Regulate,  Control  and  Improve  Pine  Street,  from  Pearson  Street  to 
Oak  Street.  (Passed  April  21,  1884.  Accepted  May  17,  1884.) 

If  1.  Part  of  Pine  street  granted  to  park  board.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago : § 1.  Whereas, 

the  board  of  Lincoln  park  commissioners  are  about  selecting  and 
taking,  for  the  uses  and  purposes  mentioned  in  an  act  of  the 
general  assembly,  approved  April  9,  A.  D.  1879,  entitled  “An  Act 
to  enable  park  commissioners  and  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to  public 
parks,  to  pay  for  the  improvement  thereof,  and  in  that  behalf  to 
make  and  collect  a special  assessment  or  special  tax  on  contiguous 
property,”  that  part  of  Pine  street  extending  from  the  south  line  of 
Pearson  street  to  the  north  line  of  Oak  street,  and  the  consent,  in 
writing,  of  the  owners  of  a majority  of  the  frontage  of  the  lots  and 
lands  abutting  on  said  Pine  street,  so  far  as  taken  or  proposed  to  be 
taken  by  said  board,  having  been  obtained,  consent  is  hereby  given 
and  granted  to  the  said  board  of  Lincoln  park  commissioners  to 
take,  regulate,  control  and  improve  the  above  described  part  of 
Pine  street,  in  manner  and  form  provided  in  the  said  act  of  the 
general  assembly.  And  full  power  and  authority  is  hereby 


236 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


granted  to  said  board  of  park  commissioners  to  control,  improve 
and  maintain  the  part  of  said  street  so  to  be  taken  as  aforesaid,  for  the 
purpose  of  carrying  out  the  provisions  of  the  said  act  of  the  general 
assembly. 

Provided,  however,  that  nothing  in  this  ordinance  contained 
shall  be  constructed  (construed)  as  a waiver  or  relinquishment,  by 
or  on  the  part  of  said  city,  of  any  of  its  rights  or  powers  in  relation 
to  the  laying  of  water  or  gas  mains  and  pipes,  or  conduits  for  wires, 
and  the  building  and  repairing  of  sewers  in  said  streets,  and  the  regu- 
lating of  openings  for  the  same.  All  powers  which  said  city  now 
has  in  relation  to  water  and  gas  pipes  and  conduits  and  sewers  and 
their  connections,  and  the  regulation  of  the  same,  and  the  openings 
for  the  same  in  streets  and  alleys  of  said  city,  being  hereby 
expressly  reserved,  as  to  the  said  part  of  Pine  street,  in  as  ample 
a manner  as  if  the  aforesaid  consent  were  not  given. 

IT  2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of 
park  commissioners  shall,  within  thirty  days  from  the  approval 
hereof,  select  and  take  the  said  part  of  said  Pine  street  for  the  pur- 
poses aforesaid,  this  ordinance  shall  cease  to  be  of  any  force  or 
effect,  and  the  consent  given  by  section  one,  aforesaid,  shall  be 
deemed  to  be  withdrawn. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 79a.  Pine  street,  from  north  line  Chicago  avenue  to  south  line 
Ohio. 

^ 1.  Grant,  conditional  and  provisional, 
f 2.  Limitations  and  conditions. 

3.  Reservation  of  rights. 

4.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Commissioners  of  Lincoln  Park  to 

Take,  Regulate,  Control  and  Improve  Pine  Street,  from  the  North  Line 

of  Chicago  Avenue  to  the  South  Line  of  Ohio  Street.  (Passed  January 

4,  1897.  Accepted  March  8,  1897.) 

1 1.  Part  of  Pine  street  granted  to  park  board.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That, 

whereas,  the  general  assembly  of  the  state  of  Illinois  has  passed 
an  act  entitled  “An  Act  to  enable  park  commissioners  or  park 
authorities  to  take,  regulate,  control  and  improve  public  streets, 
and  to  pay  for  the  improvement  thereof,”  approved  June  21,  1895, 
in  force  July  1,  1895;  and, 

Whereas,  the  board  of  commissioners  of  Lincoln  park  are  about 
selecting  and  taking,  for  the  uses  and  purposes  in  said  act  men- 
tioned, that  part  of  Pine  street  extending  from  the  north  line  of 
Chicago  avenue  to  the  south  line  of  Ohio  street,  in  the  town  of 
North  Chicago,  in  the  city  of  Chicago: 

Now,  therefore,  the  consent  of  the  corporate  authorities  having 
control  of  said  street  be  and  the  same  is  hereby  given  and  granted 
to  the  said  board  of  commissioners  of  Lincoln  park  to  take,  regu- 


PINE  STREET. 


237 


79a] 


late,  control  and  improve  the  before  described  part  of  Pine  street, 
between  the  north  line  of  Chicago  avenue  and  the  south  line  of 
Ohio  street,  in  the  town  of  North  Chicago,  in  the  city  of  Chicago, 
in  manner  and  form  provided  in  said  act  of  the  general  assembly. 

t 2.  Limitations  of  grant.]  § 2.  It  is  expressly  provided, 
however,  that  while  the  consent  and  authority  of  the  city  is  hereby 
given  to  the  said  board  of  commissioners  of  Lincoln  park  to  take, 
regulate,  control  and  improve  said  street  for  boulevard  purposes, 
said  board  of  commissioners  of  Lincoln  park  shall  permit,  with  rea- 
sonable regulations,  the  use  of  said  street  hereinbefore  described 
for  traffic  teaming  on  said  roadway  for  the  use  and  benefit  of  the 
abutting  owners  of  said  property,  any  rule,  regulation  or  ordinance 
of  said  board  of  Lincoln  park  commissioners  to  the  contrary  not- 
withstanding. 

And  provided,  further,  that  this  ordinance  and  the  consent 
hereby  given  is  upon  the  express  condition  precedent  that  the  said 
board  of  commissioners  of  Lincoln  park,  or  their  successor  or  suc- 
cessors, shall  never  grant  or  permit  the  construction  of  any  track 
or  tracks  of  any  kind  in,  along  or  upon  any  part  of  said  street 
hereby  granted. 

1 3.  Preservation  of  rights.]  § 3.  It  is  also  expressly  pro- 
vided that  nothing  in  this  ordinance  contained  shall  be  construed 
as  a waiver  or  relinquishment  on  the  part  of  said  city  of  any  of  its 
rights  or  powers  in  relation  to  the  laying  of  water  supply  pipes  and 
the  building  and  repairing  of  sewers,  and  the  regulation  of  openings 
for  the  same,  in  said  Pine  street. 

All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipe  and  sewers  and  their  connections,  and  the  regulation  of  the 
same,  and  the  openings  of  the  same,  in  the  streets  and  alleys  in 
said  street,  are  hereby  expressly  reserved  to  the  city  as  to  that  part 
of  Pine  street  in  as  ample  a manner  as  if  the  aforesaid  consent 
were  not  given. 

And  provided,  further,  that  nothing  in  this  ordinance  contained 
shall  be  construed  as  a waiver  or  relinquishment  on  the  part  of  said 
city  of  any  of  its  rights  in  and  to  any  street  crossing  or  intersec- 
tions which  are  now  or  may  hereafter  be  established  across  said 
street  so  ceded  to  said  board  of  Lincoln  park  commissioners,  and 
said  board  of  commissioners  shall  provide  and  maintain  crossings 
to  connect  the  traffic  ways  and  all  other  streets  crossing  said  streets 
ceded  as  aforesaid. 

And  it  is  further  expressly  provided  that  nothing  in  this  ordi- 
nance contained  shall  be  construed  as  an  authority  or  consent  to 
permit  or  authorize  the  construction,  use  or  occupancy,  by  any  street 
railroad  of  any  kind  whatsoever,  upon  said  part  of  Pine  street  here- 
inabove described. 

If  4.  Acceptance  of  grant.]  § 4.  Unless  said  board  of  com- 
missioners of  Lincoln  park  shall,  within  three  months  from  the 


238 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


approval  hereof,  select,  take  and  add  said  part  of  Pine  street  afore- 
said in  manner  and  form  as  by  law  provided,  and  upon  the  terms 
and  conditions  aforesaid,  then  this  ordinance  to  be  of  no  force  or 
effect,  and  the  consent  hereby  given  shall  be  deemed  to  be  with- 
drawn. 

If  5.  In  force  from  and  after  passage.]  § 5.  This  ordinance 
shall  be  in  force  from  and  after  its  passage. 


RIDGE  AVENUE. 

§ 80.  Ridge  Avenue — from  Homan  avenue  to  North  city 
limits. 

IT  1.  Grant. 

IF  2.  Limitations  and  conditions. 

3-  Reservations. 

ir  4.  As  to  cross  streets. 

ir  5.  Acceptance. 

IT  6.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Ridge  Avenue  Park  District  to  Take 
Charge  of,  Improve  and  Maintain,  as  a Pleasure  Driveway,  Ridge 
Avenue  from  Homan  Avenue  to  the  North  City  Limits.  (Passed  May 
18,  1896.  Accepted  June  9,  1896.) 

IT  1.  Part  of  Ridge  avenue  granted  to  park  district.] 

Re  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  Where- 
as, the  Ridge  avenue  park  district  is  desirous  of  taking  charge  of  and 
improving  and  maintaining  as  a pleasure  drive  or  boulevard,  as  pro- 
vided by  the  act  of  the  legislature  under  which  said  park  district  was 
organized,  all  that  part  of  Ridge  avenue  located  within  the  limits  of 
said  park  district,  to  wit:  All  that  part  of  Ridge  avenue  from  Homan 
avenue*  north  to  the  present  city  limits;  and  the  consent  in  writing 
of  the  owners  of  the  majority  of  the  frontage  of  the  lots  and  lands 
abuttingonthe  same  having  been  obtained;  therefore,  consent  is  hereby 
given  and  granted  to  said  Ridge  avenue  park  district  to'  take  charge 
of  and  improve  and  maintain  as  a pleasure  drive  or  boulevard  that 
part  of  Ridge  avenue,  from  Homan  avenue  north  to  the  north  city 
limits  of  the  city  of  Chicago,  in  the  manner  and  for  the  uses  provided 
in  the  act  of  the  general  assembly  of  Illinois,  entitled,  “An  Act  to 
provide  for  the  organization  of  park  districts  and  the  transfer  of  sub- 
merged lands  to  those  bordering  on  navigable  bodies  of  water,”  ^ap- 
proved June  24,  1895,  in  force  July  1,  1895. 

T 2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  park  dis- 
trict shall  never  at  any  time  hereafter  grant,  permit  or  give  to  any 


SHERIDAN  ROAD. 


239 


§81] 

person,  persons  or  corporation  now  in  existence,  or  that  may  hereafter 
be  organized,  any  permission  or  right  of  way  to  construct  on  said  bou- 
levard any  horse,  cable,  steam,  electric  or  other  railway  of  any  char- 
acter or  description  whatever,  whether  such  railway  is  proposed  to  be 
placed  beneath,  on  or  above  the  surface  of  said  boulevard. 

* 3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  here- 
by expressly  reserves  the  right  to  lay  under  the  surface  of  said  street 
water,  gas  and  other  pipes,  and  to  build  and  repair  sewers  in  said  Ridge 
avenue,  to  lay  electric  and  other  wires  and  make  other  underground 
improvements  in  the  same  manner  and  to  the  same  extent  that  said 
city  of  Chicago  might  heretofore  have  done. 

1 4,  Cross  streets — rights  reserved.]  § 4.  This  ordinance 
shall  not  be  held  nor  construed  to  in  any  way  surrender  the  right  of 
the  city  of  Chicago  to  control  for  any  purpose  not  inconsistent  with 
such  use  as  a boulevard,  such  portion  of  cross  streets  as  constitute 
in  common  a portion  of  such  cross  streets  and  said  Ridge  avenue. 

1 5.  Acceptance  of  ordinance.]  § 5.  Unless  the  said  park 
district  shall  within  ninety  days  after  the  passage  of  this  ordinance, 
by  vote  of  its  board  of  park  commissioners,  accept  this  ordinance,  this 
ordinance  shall  cease  to  be  of  any  force  and  effect,  and  the  consent 
given  by  section  1 of  this  ordinance  shall  be  deemed  to  be  withdrawn. 

T 6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


SHERIDAN  ROAD. 

§ 81.  Sheridan  road,  northern  terminus  L.  S.  drive  to  N 
59th  street. 

1.  Established. 

If  2.  Grant. 

Hi  3.  Limitations  and^conditions. 

Hf  4.  Reservations. 

Ht  5-  Acceptance. 

Hr  6.  In  force  from  and  after  passage. 

An  Ordinance  Changing  the  Name  of  Byron  Street  from  Sheffield 
Avenue  to  the  Lake  Shore  Drive,  and  of  Sheffield  Avenue  from  Byron 
Street  to  North  Fifty-ninth  Street  to  that  of  Sheridan  Road, 
and  Authorizing  the  Board  of  Lincoln  Park  Commissioners  to  Take, 
Regulate  and  Control  the  Same.  (Passed  January  n,  1S92.) 

1 1.  Sheridan  road  established.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  respective  names  of 

that  portion  of  Byron  street  lying  and  situated  between  the  western 
line  of  Sheffield  avenue  and  the  conjunction  of  said  Byron  street  with 


240 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§8i 


the  Lake  Shore  drive,  at  or  near  the  shore  line  of  Lake  Michigan,  and 
also  that  part  or  portion  of  Sheffield  avenue  extending  from  the  south 
line  of  Byron  street  to  the  south  line  of  north  59th  street,  be  and  the 
same  are  hereby  changed  from  Byron  street  and  Sheffield  avenue,  re- 
spectively, to  that  of  Sheridan  road,  and  said  piece  of  roadway  from  the 
said  Lake  Shore  drive  to  said  north  59th  street  shall  hereafter  consti- 
tute a part  of  and  be  known  and  designated  as  Sheridan  road. 

1 2.  Granted  to  park  board.]  § 2.  Whereas,  the  board 
of  Lincoln  park  commissioners  are  about  selecting  and  taking,  for  the 
uses  and  purposes  mentioned  in  an  act  of  the  general  assembly  of  the 
state  of  Illinois,  approved  April  9,  1879,  entitled,  “An  Act  to  enable 
park  commissioners  and  corporate  authorities  to  take,  regulate,  con- 
trol and  improve  public  streets  leading  to  public  parks,  to  pay  for  the 
improvement  thereof,  and  in  that  behalf  to  make  and  collect  a special 
assessment  or  special  tax  on  contiguous  property,”  and  the  acts  man- 
datory thereof,  all  that  part  or  portion  of  Byron  street  lying  and  sit- 
uate between  its  conjunction  with  the  Lake  Shore  drive,  at  or  near 
the  shore  of  Lake  Michigan  and  the  western  line  of  Sheffield  avenue; 
also  all  of  Sheffield  avenue  lying  and  situate  between  the  south  line  of 
Byron  street  and  the  south  line  of  north  59th  street,  in  the  city  of 
Chicago;  and  the  consent  of  the  owners  of  a majority  of  the  frontage 
of  the  lots  abutting  on  said  streets,  so  far  as  proposed  to  be  taken, 
having  been  obtained;  therefore,  consent  is  hereby  given  and  granted 
to  the  said  board  of  Lincoln  park  commissioners  to  take,  regulate, 
control  and  improve  those  described  parts  of  Byron  street  and  of 
Sheffield  avenue,  in  manner  and  for  uses  provided  in  the  said  act  of  the 
general  assembly,  as  a park  driveway  and  for  park  purposes  only. 
And  full  power  and  authority  are  hereby  granted  to  said  board  to 
control,  improve  and  maintain  the  parts  of  said  avenue  and  street, 
so  to  be  taken  as  aforesaid,  for  the  purpose  of  carrying  out  the  pro- 
visions of  said  act  of  the  general  assembly  and  the  amendments 
thereto. 

T 3.  Limitations  of  grant,]  § 3.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  Board  of 
Lincoln  Park  Commissioners  shall  never,  at  any  time  hereafter,  grant, 
permit  or  give  to  any  person,  persons  or  corporation,  now  in  existence 
or  that  may  hereafter  be  organized,  any  permission  or  right  of  way  to 
construct  on  said  boulevard  any  horse,  cable,  steam,  electric  or  other 
railway  of  any  character  or  description  whatever,  whether  such  rail- 
way is  proposed  to  be  placed  beneath,  on  or  above  the  surface  of 
said  boulevard. 

IT. 4.  Reservation  of  rights.]  § 4.  The  city  of  Chicago 
hereby  expressly  reserves  the  rights  to  lay  under  the  surface  of  said 
streets  water,  gas  or  other  pipes,  and  to  build  and  repair  sewers  in  said 
Byron  street  and  Sheffield  avenue,  to  lay  electric  or  other  wires  and 


SHERIDAN  ROAD. 


241 


8*8'] 


make  other  underground  improvements,  in  the  same  manner  and  to 
the  same  extent  that  said  city  of  Chicago  might  heretofore  have  done. 

«]"  5.  Acceptance  of  grant.]  § 5.  Unless  said  Board  of  Lin- 
coln Park  Commissioners  shall,  within  sixty  (60)  days  after  the  passage 
of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the  said 
parts  of  said  street  and  avenue  for  the  purposes  aforesaid,  this  ordi- 
nance shall  cease  to  be  of  any  force  and  effect,  and  the  consent  given 
by  section  1,  aforesaid,  shall  be  deemed  to  be  withdrawn. 

1 6.  In  force  from  and  after  passage.]  § 6.  This  ordi- 
nance shall  be  in  force  from  and  after  its  passage. 

§ *81.  Sheridan  road.  Changing  names  of  streets,  etc. 

TT  1.  Grant. 

2.  Limitations. 

IF  3.  Reservations. 

If  4.  Acceptance. 

i 5.  In  force  from  and  after  passage. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commission- 
ers to  Take,  Regulate,  Control  and  Improve  Sheridan  Road  from  the 

Northern  Terminus  of  the  Lake  Shore  Drive  to  North  59TH  Street. 

(Passed  May  8,  1893.  Accepted  July  26,  1893.) 

1 1.  Sheridan  road  granted  to  park  board.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  Whereas, 

the  Board  of  Lincoln  Park  Commissioners  are  about  selecting  and 
taking,  for  the  uses  and  purposes  mentioned  in  the  act  of  the  general 
assembly  of  the  state  of  Illinois,  approved  April  9th,  1879,  entitled,  “An 
Act  to  enable  park  commissioners  and  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to  public  parks, 
to  pay  for  the  improvement  thereof,  and  in  that  behalf  to  make  and 
collect  a special  assessment  or  special  tax  on  contiguous  property,” 
and  the  acts  amendatory  thereof,  all  of  the  Sheridan  road  from  the 
northern  terminus  of  the  Lake  Shore  drive  to  the  north  line  of  north 
59th  street,  in  the  city  of  Chicago,  and  the  consent  of  the  owners 
of  a majority  of  the  frontage  of  the  lots  abutting  on  said  street,  so 
far  as  taken,  or  proposed  to  be  taken,  having  been  obtained  therefor, 
consent  is  hereby  given  and  granted  to  the  said  board  of  Lincoln 
park  commissioners  to  take,  regulate,  control  and  improve  Sheridan 
road,  in  manner  and  for  uses  provided  in  said  act  of  the  general 
assembly,  as  a park  driveway,  and  for  park  purposes  only,  and  full 
power  and  authority  is  hereby  granted  to  said  board  to  control,  im- 
prove and  maintain  the  part  of  said  road  so  to  be  taken  as  aforesaid, 
for  the  purpose  of  carrying  out  the  provisions  of  said  act  of  the  general 
assembly  and  the  amendments  thereto. 

1 2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  conditions  that  the  Board  of 
Lincoln  Park  Commissioners  shall  never,  at  any  time  hereafter,  grant, 
permit  or  give,  to  any  person,  persons  or  corporations,  now  in  exist- 
ence or  that  may  hereafter  be  organized,  any  permission  or  right  of 
16 


242  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§§  82,  83 

way  to  construct  on  said  boulevard  any  horse,  cable,  steam,  electric 
or  other  railway  of  any  character  or  description  whatever,  whether 
such  railway  is  proposed  to  be  placed  beneath,  on  or  above  the  surface 
of  said  boulevard. 

1"  3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago 
hereby  expressly  reserves  the  rights  to  lay,  under  the  surface  of  said 
street,  water,  gas  or  other  pipes,  and  to  build  and  repair  sewers  in  said 
Sheridan  road,  to  lay  electric  or  other  wires,  and  make  other  under- 
ground improvements,  in  the  same  manner  and  to  the  same  extent 
that  the  city  of  Chicago  might  heretofore  have  done. 

T 4.  Acceptance  of  grant.]  § 4.  Unless  said  Board  of  Lin- 
coln Park  Commissioners  shall,  within  ninety  days  after  the  passage 
of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the  said 
road  for  the  purposes  aforesaid,  this  ordinance  shall  cease  to  be  of 
any  force  and  effect,  and  the  consent  given  by  section  one  (1)  shall  be 
deemed  to  be  withdrawn. 

1 5.  In  force  from  and  after  passage.]  § 5.  This  ordi- 
nance shall  be  in  force  from  and  after  its  passage. 


TRIANGULAR  PLATS. 

§ 82.  Triangular  plat  north  of  Park  front  and  at  intersection  of 
North  Clark  street  with  North  Wells  street. 

§ 83.  Triangular  Plats — At  Eugenie  and  La  Salle. 

An  Ordinance  Authorizing  the  Lincoln  Park  Commissioners  to  Take 
and  Improve  the  Triangular  Piece  of  Land  Lying  North  of  Park 
Front  and  Between  the  Intersection  of  North  Clark  Street  and 
North  Wells  Street.  (Passed  June  30,  1887.) 

T 1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Whereas,  the  Lincoln  park  commissioners  are  de- 
sirous of  taking  charge  of  and  improving  the  small  triangular  piece 
of  land  lying  north  of  Park  front  and  between  the  intersection  of  North 
Clark  street  and  North  Wells  street,  at  their  own  charge  and  expense, 
and  without  charge  or  expense  to  the  city  of  Chicago  : 

T 2.  Clark  and  Wells  street  triangle  granted  to  park 
board.]  § 2.  Therefore,  for  the  purpose  aforesaid,  authority  is 
hereby  given  to  the  said  Lincoln  park  commissioners  to  take  charge 
of  and  improve  said  piece  of  land  described  in  section  one  (1)  hereof, 
under  such  plans  and  in  such  manner  as  shall  be  approved  by  them; 
and  to  that  end  the  management  and  control  of  said  land  is  hereby 
surrendered  to  the  said  Lincoln  park  commissioners. 


§§  S3,  »4] 


UNION  SQUARE. 


243 


1 3.  Limitations  of  grant.]  § 3.  Nothing  herein  contained 
shall  authorize  said  Lincoln  park  commissioners,  or  any  person,  to 
alter,  change  or  use  said  piece  of  land  herein  described  for  any  other 
or  different  purpose  than  that  for  which  said  piece  of  land  was  dedi- 
cated. 

% 4.  Acceptance  of  ordinance.]  § 4.  The  said  Lincoln  park 
commissioners  shall  accept  this  ordinance  within  thirty  days  from  its 
passage,  otherwise  this  ordinance  shall  be  null  and  void. 

g 83.  Triangular  plat  at  intersection  of  Eugenie  street  and  La 
Salle  avenue. 

An  Ordinance  Authorizing  the  Lincoln  Park  Commissioners  to  Take 

and  Improve  the  Triangular  Piece  of  Land  Bounded  by  Eugenie  Street, 

Clark  Street  and  La  Salle  Avenue.  (Passed  June  30,  1887.) 

T 1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Whereas,  the  Lincoln  park  commissioners  are  de- 
sirous of  taking  charge  of  and  improving  the  triangular  piece  of  land 
bounded  by  Eugenie  street,  Clark  street  and  LaSalle  avenue,  at  their 
own  charge  and  expense,  and  without  charge  or  expense  to  the  city 
of  Chicago  : 

«[  2.  Clark  and  La  Salle  street  triangle  granted  to  park 
board.]  § 2.  Therefore,  for  the  purpose  aforesaid,  authority  is 
hereby  given  to  the  said  Lincoln  park  commissioners  to  take  charge 
of  and  improve  said  piece  of  land  described  in  section  one  (1)  hereof, 
under  such  plans  and  in  such  manner  as  shall  be  approved  by  them, 
and  to  that  end  the  management  and  control  of  said  land  is  hereby  sur- 
rendered to  the  said  Lincoln  park  commissioners. 

IF  3.  Limitations  of  grant.]  § 3.  Nothing  herein  contained 
shall  authorize  said  Lincoln  park  commissioners,  or  any  person,  to  alter, 
change  or  use  said  piece  of  land  herein  described  for  any  other  or  dif- 
ferent purpose  than  that  for  which  said  piece  of  land  was  dedicated. 

1 4.  Acceptance  of  ordinance.]  § 4.  The  said  Lincoln  park 
commissioners  shall  accept  this  ordinance  within  thirty  days  from  its 
passage,  otherwise  this  ordinance  shall  be  null  and  void. 


UNION  SQUARE. 

§ 84.  Union  square. 

An  Ordinance  Authorizing  the  Board  of  Lincoln  Park  Commission- 
ers to  Take,  Improve  and  Maintain  Union  Square.  (Passed  November 
23,  1891.) 

T 1.  Grant  of  Union  square  to  park  board.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  Whereas,  the 


244 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  85 


Board  of  Lincoln  Park  Commissioners  are  desirous  of  taking  charge  of 
and  improving  Union  square,  at  their  own  charge  and  expense,  and 
without  cost,  charge  or  expense  to  the  city  of  Chicago: 

Therefore,  for  the  purpose  aforesaid,  authority  is  hereby  given  to 
the  said  Board  of  Lincoln  Park  Commissioners  to  take  charge  of,  im- 
prove and  maintain  said  Union  square,  under  such  plans  and  in  such 
manner  as  shall  be  approved  by  them,  and  to  that  end  the  management 
and  control  of  said  Union  square  is  hereby  surrendered  to  the  said 
board  of  Lincoln  park  commissioners;  Provided,  the  said  park  commis- 
sioners shall  improve,  maintain  and  keep  in  good  repair  said  Union 
square,  otherwise  the  control  of  said  Union  square  shall  revert  to  the 
city  of  Chicago. 

T 2.  Limitations  of  grant.]  § 2.  Nothing  herein  contained 
shall  authorize  said  Board  of  Lincoln  Park  Commissioners,  or  any  per- 
son, to  alter,  change  or  use  said  Union  square  for  any  other  or  differ- 
ent purpose  than  that  for  which  said  Union  square  was  dedicated. 

T 3.  Acceptance  of  grant.]  § 3.  The  said  Board  of  Lincoln 
Park  Commissioners  shall  accept  the  provisions  hereof  within  thirty 
days  from  the  date  of  the  passage  of  this  ordinance,  otherwise  this  ordi- 
nance shall  be  null  and  void. 


g 85 
g 86 
T $ 87 
8 88 
3 89 
3 90 
§ 91 
3 92 
8 93 
8 94 
3 95 

3 96 
3 97 
3 98 
& 99 
$ 100 
£ 101 

3 102 

§ 103 


PARKS,  ETC.,  SOUTH. 

Art  Institute. 

East  J ackson  street. 

East  Jackson  street. 

Water. 

Agreement  of  South  park  commissioners  as  to  free  water. 
Fern  wood  park. 

Fifty-first  street. 

Lake  front  park. 

Grants  to  South  park  commissioners. 

Control  of  Lake  front  park. 

Lakewood  park. 

Michigan  avenue. 

Michigan  avenue. 

Michigan  avenue. 

South  Park  avenue  and  Thirty-second  street. 

South  Park  avenue  and  Thirty-ninth  street 
Statue  of  Christopher  Columbus. 

Washington  avenue. 

Washington  avenue  in  Washington  Heights. 


§ 85.  Art  Institute. 

IT  i.  Preamble. 

IT  2.  Title— use— conditions — repairs— trustees. 
If  3.  Contract  with. 


§«5] 


ART  INSTITUTE. 


245 


An  Ordinance  Vesting  the  Title  and  Ownership  of  the  Art  Build- 
ing on  the  Lake  Front  in  the  Art  Institute  and  Regulating  the  Use 

Thereof.  (Passed  March  30,  1891.) 

T 1.  Preamble.]  Whereas,  the  use  of  that  part  of  the  lake 
front,  in  the  city  of  Chicago,  lying  between  the  center  of  Monroe 
street  projected,  on  the  north,  and  Park  row  projected,  on  the  south, 
was  granted  to  the  directors  of  the  World’s  Columbian  Exposition 
by  an  ordinance  passed  by  the  city  council  of  the  city  of  Chicago  on 
the  15th  day  of  September,  1890,  subject  to  the  restrictions  and  pro- 
visions therein  contained;  and,  whereas,  the  said  World’s  Columbian 
Exposition  is  desirous  of  erecting  an  art  building  on  that  part  of  the 
lake  front  which  lies  between  the  center  of  Monroe  street  extended, 
on  the  north,  and  Park  row  extended,  on  the  south;  and,  whereas, 
the  art  institute  of  Chicago,  and  many  of  the  citizens  of  Chicago,  are 
desirous  that  the  art  building  so  erected  by  the  World’s  Columbian 
Exposition  shall  become  a permanent  building,  the  use  whereof  shall 
be  given  to  the  said  art  institute  of  Chicago  after  the  World’s  Colum- 
bian Exposition  shall  have  been  held,  and  have  offered  to  contribute 
a large  sum  of  money  towards  the  expense  of  such  building  to  the  end 
that  the  same  may  be  suitable  for  the  permanent  accommodation  of 
the  said  art  institute  and  accrue  to  the  benefit  of  the  citizens  of  Chi- 
cago; and,  whereas,  to  secure  the  erection  of  said  permanent  building 
for  the  purposes  aforesaid,  it  is  necessary  that  some  action  should  be 
taken  granting  the  right  to  use  said  building  to  the  said  art  institute; 
now,  therefore, 

T 2.  Title— use  — conditions  — repairs— trustees.]  Be  it  or- 

dained by  the  city  council  of  the  city  of  Chicago  : § 1.  That  from  and 
after  the  time  above  limited  for  the  use  thereof  by  said  World’s  Colum- 
bian Exposition,  the  title  and  ownership  of  said  building,  and  all  the 
appurtenances  thereto,  shall  be  vested  in  the  city  of  Chicago,  without 
any  compensation  being  paid  or  allowed  therefor  to  the  said  World’s 
Columbian  Exposition  or  any  other  person  or  corporation,  but  the 
right  to  the  use  and  occupation  of  said  building,  and  of  the  grounds 
appurtenant  thereto  and  necessary  for  the  reasonable  enjoyment  there- 
of, shall  be  vested  in  the  art  institute  of  Chicago,  a corporation  organ- 
ized under  the  laws  of  the  state  of  Illinois  for  the  objects  for  which  said 
art  institute  is  incorporated,  so  long  as  said  art  institute  shall  faith- 
fully keep,  perform  and  observe  the  provisions  and  conditions  of  this 
ordinance  hereinafter  contained,  or  until  the  said  building  and  prem- 
ises shall  be  voluntarily  surrendered  by  the  said  art  institute  to>  the 
city  of  Chicago  under  the  conditions  aforesaid,  the  said  use  of  the  said 
buildings  being  granted  to  the  said  art  institute  upon  the  following 
conditions,  viz.: 

1st.  That  as  soon  as  practicable  after  the  surrender  of  the  pos- 
session of  said  building  by  the  World’s  Columbian  Exposition  the  said 
art  institute  shall  transfer  to  and  place  and  arrange  in  said  building 


246 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


its  museum,  library  and  collections,  or  such  portion  thereof  as  can 
be  properly  displayed  to  the  public  therein. 

2d.  That  the  exhibition  halls  of  said  building  shall,  from  9 o’clock 
till  5 o’clock  on  Wednesday  and  Saturday  of  each  week  and  on  all 
legal  and  public  holidays  and  from  1 o’clock  till  5 o’clock  on  each 
Sunday,  be  kept  open  and  accessible  to  the  public,  free  of  charge, 
under  such  rules  and  regulations  as  the  said  art  institute  shall,  from 
time  to  time,  prescribe.  Except  as  above  provided,  the  same  shall  be 
open  for  exhibition  to  such  persons  and  upon  such  terms  as  the  said 
art  institute  shall,  from  time  to  time,  direct.  But  all  professors  and 
teachers  of  the  public  schools  of  the  city  of  Chicago  or  other  institu- 
tions of  learning  in  said  city  in  which  instruction  is  given  free  of 
charge  shall  be  admitted  to  all  the  advantages  afforded  by  the  said 
art  institute  through  its  museum,  library,  apparatus  and  collections 
or  otherwise,  for  study,  research  and  investigation,  free  of  any  charge 
therefor  and  to  the  same  extent  and  on  the  same  terms  and  conditions 
as  any  other  persons  are  admitted  to  such  advantages  as  aforesaid. 

3d.  The  said  art  institute  shall,  on  or  before  the  first  day  of  July 
in  each  year  during  its  occupancy  of  said  buildings,  submit  to  the  city 
of  Chicago  a detailed  printed  report  of  the  operations  and  transactions 
and  of  its  receipts  and  payments  for  the  year  ending  with  the  first 
Tuesday  of  June  next  preceding. 

4th.  That  the  said  art  institute,  if  it  shall,  at  any  time,  desire  to 
surrender  possession  of  said  building,  shall  give  the  city  not  less  than 
three  months’  notice  of  its  intention  to  do  so  and,  upon  the  giving  of 
said  notice,  the  said  art  institute  shall  have  the  right  to  remove  all  of 
its  property  situated  in  or  about  said  building,  and  deliver  up  the  said 
building  to  the  city  of  Chicago.  Said  art  institute  shall  keep  said 
building  in  good  repair  and  condition  at  its  own  expense  so  long  as  it 
shall  occupy  the  same. 

5th.  The  said  art  institute  shall  so  amend  its  by-laws  that  the 
mayor  and  comptroller  of  the  city  of  Chicago  shall  be  ex-officio  mem- 
bers of  its  board  of  trustees  during  such  time  as  the  said  institute 
shall  occupy  said  building  under  the  provisions  of  this  ordinance. 

6th.  The  said  permanent  building  shall  not  have  a frontage  of 
over  four  hundred  feet  on  Michigan  avenue. 

T 3.  Contract  with  art  institute.]  § 2.  The  mayor  and  comp- 
troller of  the  city  of  Chicago  be  and  they  are  hereby  authorized  to 
execute,  on  behalf  of  the  city  of  Chicago  and  under  its  corporate  seal, 
a contract  with  the  art  institute  of  the  city  of  Chicago,  granting  and 
securing  to  the  said  art  institute  the  use  and  occupation  of  the  building 
to  be  erected  as  hereinbefore  provided,  for  the  time  and  upon  the  terms 
and  conditions  hereinbefore  specified. 


§86] 


EAST  JACKSON  STREET. 


247 


EAST  JACKSON  STREET. 

§ 86.  East  Jackson  street. 

Tf  i.  Part  of  East  Jackson  street  granted  to  park  board. 

2.  Limitations  of  grant. 

3.  Reservation  of  rights. 

4.  Acceptance  of  grant. 
i 5.  When  in  force. 

An  Ordinance  to  Enable  the  South  Park  Commissioners  to  Take,  Reg- 
ulate, Control  and  Improve  East  Jackson  Street,  from  the  East  Line 
of  the  Chicago  River  to  the  West  Line  of  Michigan  Avenue,  in  the 
Town  of  South  Chicago,  in  the  City  of  Chicago  and  State  of  Illi- 
nois. (Passed  May  18,  1896.  Accepted  November  23,  1896.) 

1 1.  Part  of  east  Jackson  street  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That, 

whereas,  the  general  assembly  of  the  state  of  Illinois  has  passed  an 
act  entitled  “An  act  to  enable  park  commissioners  or  park  authorities 
to  take,  regulate,  control  and  improve  public  streets  and  to  pay  for  the 
improvement  thereof,”  approved  June  21,  1895,  in  force  July  1,  1895; 
and 

Whereas,  the  board  of  South  park  commissioners  are  about  se- 
lecting and  taking  for  the  uses  and  purposes  in  said  act  mentioned, 
that  part  of  East  Jackson  street  extending  from  the  east  line  of  the 
Chicago  river  to  the  west  line  of  Michigan  avenue,  in  the  town  of 
South  Chicago,  in  the  city  of  Chicago; 

Now,  therefore,  the  consent  of  the  corporate  authorities  having 
control  of  said  street  be,  and  the  same  is,  hereby  given  and  granted 
to  the  said  South  park  commissioners  to  take,  regulate,  control  and 
improve  the  before  described  part  of  East  Jackson  street,  between  the 
east  line  of  the  Chicag'O  river  and  the  west  line  of  Michigan  avenue, 
in  the  town  of  South  Chicago,  in  the  city  of  Chicago,  in  manner  and 
form  provided  in  said  act  of  the  General  Assembly,  for  the  purpose  of 
forming  a boulevard  connection  between  the  park  system  in  said  town 
of  South  Chicago  and  the  park  system  in  the  town  of  West  Chicago, 
both  of  said  park  systems  being  in  the  city  of  Chicago. 

T 2.  Limitations  of  grant.]  § 2.  It  is  expressly  provided, 
however,  that  while  the  consent  and  authority  of  the  city  is  hereby 
given  to  said  South  park  commissioners  to  take,  regulate,  control  and 
improve  said  street  for  boulevard  purposes,  said  South  park  commis- 
sioners shall  permit,  with  reasonable  regulation,  the  use  of  said  street 
hereinbefore  described  for  traffic  tearping  on  said  roadway  for  the  use 
and  benefit  of  the  abutting  owners  of  said  property,  any  rule,  regula* 
tion  or  ordinance  of  said  South  park  commissioners  to  the  contrary 
notwithstanding;  and,  provided  further,  that  this  ordinance,  and  the 
consent  hereby  given,  is  upon  the  express  condition  precedent  that 
said  South  park  commissioners,  or  their  successor  or  successors,  shall 
never  grant  or  permit  the  construction  of  any  railroad  track  or  tracks 
of  any  kind  in,  along  or  upon  any  part  of  said  street  hereby  granted. 


248 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


1 3.  Reservation  of  rights.]  § 3 It  is  also  expressly  pro- 
vided that  nothing  in  this  ordinance  contained  shall  be  construed  as  a 
waiver  or  relinquishment  on  the  part  of  said  city  of  any  of  its  rights 
or  powers  in  relation  to  the  laying  of  water  supply  pipes  and  the 
building  and  repairing  of  sewers  and  the  regulation  of  openings  tor 
the  same  in  said  east  Jackson  street. 

All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipes  and  sewers  and  their  connections,  and  the  regulation  of  the 
same  and  the  openings  of  the  same  in  the  streets  and  alleys  in  said 
street,  are  hereby  expressly  reserved  to  the  city  as  to  that  part  of  East 
Jackson  street,  in  as  ample  a manner  as  if  the  aforesaid  consent  were 
not  given. 

And,  provided  further,  that  nothing  in  this  ordinance  contained 
shall  be  construed  as  a waiver  or  relinquishment  on  the  part  of  said 
city  of  any  of  its  rights  in  and  to  any  of  the  underground  pipes  now 
in  said  street. 

% 4.  Acceptance  of  grant.]  § 4.  Unless  said  board  of  South 
park  commissioners  shall,  within  six  (6)  months  from  the  approval 
hereof,  select,  take  and  accept  said  East  Jackson  street  in  manner  and 
form  as  by  law  provided  and  upon  the  terms  and  conditions  afore- 
said, then  this  ordinance  be  of  no  force  or  effect,  and  the  consent 
hereby  given  shall  be  deemed  to  be  withdrawn. 

1 5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  amendatory  and  supplemental  ordinances. 

§ 87.  East  Jackson  street. 

Tf  1.  Amendatory  clause. 

2.  Part  of  East  Jackson  street  granted  to  park  board. 

2.  When  in  force. 

An  Ordinance  to  Amend  Section  i of  an  Ordinance  Entitled  “An 
Ordinance  to  Enable  the  South  Park  Commissioners  to  Take,  Regu- 
late, Control  and  Improve  East  Jackson  Street,  from  the  East  Line 
of  the  Chicago  River  to  the  West  Line  of  Michigan  Avenue,  in  the 
Town  of  South  Chicago,  in  the  City  of  Chicago  and  State  of  Illi- 
nois,” Passed  May  18,  1896.  (Passed  October  19,  1896.  Accepted  Novem- 
ber 23,  1896.) 

1”  1.  Amendatory  clause.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  section  one  (1)  of  an  ordinance 

entitled  “An  ordinance  to  enable  the  South  park  commissioners  to 
take,  regulate,  control  and  improve  East  Jackson  street,  from  the 
east  line  of  the  Chicago  river  to  the  west  line  of  Michigan  avenue,  in 
the  town  of  South  Chicago,  in  the  city  of  Chicago  and  state  of  Illinois,” 
passed  May  18,  1896,  be  amended  so  as  to  read  as  follows,  to  wit: 

1 2.  Part  of  East  Jackson  street  granted  to  park  board.] 
§ 1.  That,  whereas,  the  General  Assembly  of  the  state  of  Illinois  has 
passed  an  act  entitled  “An  Act  to  enable  park  commissioners  or  park 


EAST  JACKSON  STREET. 


249 


§88] 


authorities  to  take,  regulate,  control  and  improve  public  streets  and  to 
pay  for  the  improvement  thereof,”  approved  June  21,  1895,  in  force 
Julv  1,  1895;  and 

' Whereas,  the  board  of  South  park  commissioners  are  about  select- 
ing and  taking  for  the  uses  and  purposes  in  said  act  mentioned,  that 
part  of  East  Jackson  street  extending  from  the  east  line  of  the  Chicago 
river  to  the  east  line  of  Michigan  avenue,  in  the  town  of  South  Chi- 
cago, in  the  city  of  Chicago; 

Now,  therefore,  the  consent  of  the  corporate  authorities  having 
control  of  said  street  be  and  the  same  is  hereby  given  and  granted  to 
said  South  park  commissioners  to  take,  regulate,  control  and  improve 
the  before  described  part  of  East  Jackson  street,  between  the  east  line 
of  the  Chicago  river  and  the  east  line  of  Michigan  avenue,  in  the  town 
of  South  Chicago,  in  the  city  of  Chicago,  in  manner  and  form  pro- 
vided in  said  act  of  the  general  assembly  for  the  purpose  of  forming 
a boulevard  connection  between  the  park  system  in  the  town  of  South 
Chicago  and  the  park  system  in  the  town  of  West  Chicago,  both  of 
said  park  systems  being  in  the  city  of  Chicago. 

3.  When  in  force.]  § 2.  This  ordinance  shall  b'e  in  force 
from  and  after  its  passage. 


WATER. 

§ 88.  Water  to  be  furnished  by  the  city. 

1.  City  to  furnish  water  free. 

2.  When  in  force. 

An  Ordinance  Granting  Free  Water  to  the  South  Park  Commissioners. 

(Passed  November  16,  1896.  Approved  November  18,  1896.) 

IT  1.  City  to  furnish  water  free.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That,  whereas,  by  ordinance 

passed  on  the  18th  day  of  May,  1896,  as  amended  by  ordinance  passed 
on  the  19th  day  of  October,  1896,  the  consent  of  the  city  of  Chicago 
was  granted  that  the  South  park  commissioners  might  select  and  take 
Jackson  street,  from  the  east  line  of  the  Chicago  river  to  the  east  line 
of  Michigan  avenue; 

And,  whereas,  the  taking  of  said  part  of  said  Jackson  street  by 
the  South  park  commissioners  will  add  a large  burden  of  expense  for 
maintenance  to  the  expenses  of  the  South  park  commissioners,  and 
relieve  the  city  of  Chicago  of  a large  burden  of  expense; 

And,  whereas,  the  city  of  Chicago  desires  to  offer  a reasonable 
inducement  to  the  South  park  commissioners  to  select  and  take  said 
street  as  aforesaid; 

Now,  therefore,  it  is  hereby  understood  and  agreed  that  in  case  the 
said  South  park  commissioners  shall  select  and  take  that  part  of  said 
Jackson  street  as  aforesaid,  in  accordance  with  the  terms  of  the  ordi- 
nances heretofore  passed  by  this  council,  the  city  of  Chicago  will  fur- 


250 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


L§  89 


nish  to  the  South  park  commissioners  the  water  needed  to  be  used  in 
connection  with  the  parks  and  boulevards  under  the  control  of  the 
South  park  commissioners  free  of  expense,  but  subject  to  such  reason- 
able regulations  and  rules  concerning  the  use  thereof,  as  may  be  pro- 
vided from  time  to  time  by  the  commissioner  of  public  works  of  the 
city  of  Chicago. 

2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  agreement. 

§ 89.  Agreement  of  South  park  commissioners  as  to  water. 

IT  i*  To  expend  twenty  thousand  dollars  annually. 

Agreement  of  South  park  commissioners  submitted  to  and  approved  by  the 
city  council  November  23,  1896. 

1 1 . Agreement  to  expend  twenty  thousand  dollars  annually.  ] 

In  consideration  of  the  approval  by  the  mayor  of  the  city  of  Chicago, 
concurrently  with  the  execution  and  delivery  of  this  agreement,  of  an 
ordinance  passed  by  the  city  council  of  said  city  at  its  meeting  on  the 
1 6th  day  of  November,  making  qualified  provision  for  a free  supply  of 
water  to  the  South  park  commissioners  by  said  city,  it  is  hereby  agreed 
by  said  South  park  commissioners  that  they  will  expend  not  less  than 
twenty  thousand  dollars  ($20,000)  hereafter  in  each  year  from  the 
date  hereof  for  the  maintenance  and  improvement  of  that  portion  of 
Jackson  street  in  said  ordinance  mentioned;  that  at  any  time  here- 
after, when  requested  so  to  do  by  the  comptroller  of  said  city,  they 
will  make  and  submit  to  said  comptroller  statements  showing  their 
expenditures  from  time  to  time  on  account  of  said  portion  of  said 
Jackson  street;  that  said  ordinance  shall  be  considered  binding  and 
effectual  against  said  city  (notwithstanding  the  taking  of  said  Jackson 
street  by  said  South  park  commissioners)  only  so  long  as  said  South 
park  commissioners  shall  fully  comply  with  the  terms  of  this  agree- 
ment, and  that  upon  failure  of  said  South  park  commissioners  to  carry 
out  this  agreement  said  city  shall  be  considered  free  to  repeal  or  rescind 
said  ordinance  and  to  discontinue  the  free  supply  of  water  to  said  South 
park  commissioners,  and  in  such  event  said  South  park  commissioners 
will  not  in  any  way  resist  such  action  upon  the  part  of  said  city. 

This  agreement  shall  be  delivered  to  the  mayor  of  said  city  con- 
currently with  his  approval  of  said  ordinance,  and  shall  be  fully  binding 
and  effectual  against  said  South  park  commissioners  upon  such  ap- 
proval. 

Executed  this  18th  day  of  November,  1896. 

SOUTH  PARK  COMMISSIONERS, 

By  JAMES  W.  ELLSWORTH, 

(Seal)  President. 

By  E.  G.  SHUMWAY, 

Secretary. 


FERNWOOD  PARK. 


251 


§ 9°] 

FERNWOOD  PARK. 

§ 90.  Fernwood  park. 

1.  Park  established — boundaries. 

2.  Cost  paid  by  special  assessment. 

3.  Condemnation  proceedings. 

•jf  4.  Compromise  with  owners. 

An  Ordinance  for  Laying  Out  and  Establishing  Fernwood  Park.  (Passed 

March  16,  1887.) 

f 1.  Park  established  — boundaries.]  Be  it  ordained  by  the 
president  and  board  of  trustees  of  the  village  of  Fernwood:  § 1.  That 
a public  pafk,  to  be  named  “Fernwood  Park,”  be,  and  the  same  is, 
hereby  laid  out  and  established  along  and  upon  the  following  de- 
scribed lands  and  premises,  to  wit:  Seventy-five  feet  in  width,  from 

east  to  west,  and  extending  from  the  north  line  of  One  Hundred  and 
Third  street,  otherwise  known  as  Tracy  avenue,  north  to  the  south 
line  of  Ninety-ninth  street,  in  the  village  of  Fernwood,  and  lying  west 
of  and  adjoining  Stewart  avenue,  as  located  through  the  south  half  of 
section  nine,  in  township  thirty-seven  north,  range  fourteen  east  of 
the  third  principal  meridian;  and  that  the  piece  or  parcel  of  land  above 
described  be  taken  for  public  use,  to  wit:  for  the  purpose  of  a public 
park  as  aforesaid. 

If  2.  Cost  paid  by  special  assessment.]  § 2.  That  said  im- 
provement shall  be  made,  and  the  cost  thereof  be  paid,  by  special 
assessment  of  property  specially  benefited  thereby,  to  the  extent  of 
such  special  benefits;  and  the  balance  of  the  cost  thereof,  if  any,  shall 
be  paid  by  general  taxation. 

If  3.  Condemnation  proceedings.]  § 3.  That  George  Sco- 
ville,  Esq.,  be,  and  he  is  hereby,  employed  as  attorney  for  the  village 
of  Fernwood,  for  the  purpose  of  instituting  and  conducting  the  neces- 
sary legal  proceedings  to  ascertain  the  just  compensation  to  be  made 
for  the  property  taken  and  damaged  for  the  improvement  aforesaid: 
and  for  the  assessment  of  benefits  upon  other  property,  to  raise  money 
to  pay  such  compensation,  according  to  article  9 of  an  Act  of  the  Gen- 
eral Assembly  of  the  state  of  Illinois  entitled  “An  Act.  to  provide  for 
the  incorporation  of  cities  and  villages,”  approved  the  tenth  day  of 
April,  A.  D.  1872;  and  he  is  hereby  directed  to  file  a petition  and  sup- 
plemental petition  in  the  superior  court  of  Cook  county,  state  of  Illi- 
nois, for  the  purpose  aforesaid. 

If  4.  Compromise  with  owners.]  § 4.  That  said  attorney  is 
hereby  authorized,  empowered  and  directed,  if  practicable,  to  arrange 
with  the  owners  of  property  so  taken,  or  any  or  either  of  them,  to  re- 
lieve them  from  all  claims  for  benefits  upon  their  contiguous  property 
on  account  of  said  improvement,  provided  they  will  waive  all  claims  to 
compensation  for  their  property  so  taken  for  said  improvement;  and 
further  to  stipulate  and  agree  with  such  owners,  so  waiving  compensa- 


252 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§9i 


tion  as  aforesaid,  on  behalf  of  the  village  of  Fernwood,  that,  in  con- 
sideration thereof,  said  village  will  suitably  improve  those  portions  of 
said  park  as  to  which  compensation  for  taking  shall  be  so  waived, 
within  a reasonable  time,  by  general  taxation. 


FIFTY-FIRST  STREET. 

§ 91.  Fifty-First  Street. 

1.  Part  of  Fifty-first  Street  created  a pleasure  driveway. 

2.  When  in  force. 

An  Ordinance  Setting  Apart  and  Designating  that  Part  of  Fifty- 

First  Street  Lying  Between  the  East  Line  of  East  End  Avenue  and 

the  East  Line  of  Drexel  Boulevard  as  a Pleasure  Driveway.  (Passed 

April  28,  1890.) 

1 1.  Part  of  Fifty-first  street  created  a pleasure  driveway.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 

Whereas,  the  General  Assembly  has  passed  an  Act  which  was  duly  ap- 
proved March  27th,  1889,  and  which  is  in  the  words  and  figures  fol- 
lowing: “An  Act  to  provide  for  pleasure  driveways  in  incorporated 

cities,  villages,  and  towns. 

“§  1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois,  repre- 
sented in  General  Assembly,  that  the  city  council  in  cities,  and  the 
president  and  board  of  trustees  in  villages,  or  the  board  of  trustees  in 
incorporated  towns,  whether  incorporated  under  the  general  law  or  spe- 
cial charter,  shall  have  the  power  to  designate  by  ordinance  the  whole 
or  any  part  of  not  to  exceed  two  streets,  roads,  avenues,  boulevards, 
nr  highways  under  their  jurisdiction  as  a public  driveway,  to  be  used 
for  pleasure  driving  only,  and  to  improve  and  maintain  the  same  and, 
also,  to  lay  out,  establish,  open,  widen,  extend,  grade,  pave,  or  other- 
wise improve  and  maintain  not  more  than  two  roads,  streets,  or  ave- 
nues, and  designate  the  same  as  pleasure  driveways  to  be  used  for 
pleasure  driving  only;  Provided,  the  said  powers  shall  only  be  ex- 
ercised when  said  corporate  authorities  are  petitioned  thereto  by  the 
owners  of  two-thirds  of  the  frontage  of  land  fronting  on  such  supposed 
pleasure  drives. 

“§  2.  Said  pleasure  driveways  may  be  laid  out,  extended  and  im- 
proved under  the  provisions  of  article  9 of  an  act  to  provide  for  the 
incorporation  of  cities  and  villages,  approved  April  10th,  1872,  in  force 
July  1st,  1872,  and  any  and  all  amendments  thereto. 

“§  3.  Said  corporate  authorities  may  by  ordinance  regulate,  re- 
strain and  control  the  speed  of  travel  upon  such  pleasure  drives,  and 
prescribe  the  kind  of  vehicles  that  shall  be  allowed  upon  the  same,  and, 


LAKE  FRONT  PARK. 


253 


§ 92] 


in  all  things,  may  regulate,  restrain  and  control  the  use  of  said  pleasure 
driveways  by  the  public  or  individuals,  and  may  exclude  therefrom 
funeral  processions,  hearses,  and  traffic  teams  and  vehicles,  so  as  to 
free  the  same  from  any  and  all  business  traffic  and  objectionable  travel 
and  make  the  same  a pleasure  driveway  for  pleasure  driving  only;  and 
may  prescribe  in  such  ordinance  such  fines  and  penalties  for  the  viola- 
tion thereof  as  they  are  by  law  to  prescribe  for  the  violation  of  other 
ordinances. 

“§  4.  Whereas,  certain  municipalities  are  about  establishing  such 
pleasure  driveways,  and  doubt  existed  as  to  their  power  so  to  do,  there- 
fore, an  emergency  exists  for  the  passage  of  this  act  and  the  same  shall 
take  effect  and  be  in  force  from  and  after  its  passage/7 

And,  whereas,  the  owners  of  more  than  two-thrids  of  the  frontage 
of  the  lots  and  lands  abutting  on  that  part  of  Fifty-first  street  and 
lying  between  the  east  line  of  East  End  avenue  and  the  east  line  of 
Drexel  boulevard  have  petitioned  that  this  council,  by  an  ordinance, 
set  apart  and  designate  said  portion  of  said  street  as  a public  driveway, 
to  be  used  for  pleasure  driving  only.  And,  whereas,  it  is  deemed  de- 
sirable that  the  prayer  of  such  petition  be  granted;  now,  therefore, 

It  is  hereby  ordained  that  Fifty-first  street,  lying  between  the  east 
line  of  East  End  avenue  and  the  east  line  of  Drexel  boulevard,  be  and 
the  same  is  declared  to  be  a pleasure  driveway  in  manner  and  form  as 
provided  in  and  by  said  act  of  the  General  Assembly;  Provided,  that 
the  estimated  cost  of  the  first  improvement  shall  include  a sum  suffi- 
cient to  lay  a pavement  of  the  best  quality,  stone  curbing  and  perma- 
nent sidewalk  of  uniform  width,  and  such  shade  trees,  shrubbery,  ad- 
ditional lamp  posts,  and  such  other  additions  as  may  ibe  deemed  neces- 
sary to  make  the  same  in  every  respect  a thoroughly  finished  boule- 
vard. 

IF  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


LAKE  FRONT  PARK. 

§ 92.  Lake  front  park. 

If  1.  Lake  park  established— boundaries. 

If  2.  When  in  force. 

An  Ordinance  Establishing  Lake  Park.  (Passed  June  27,  1895.) 

r 1.  Lake  park  established — boundaries.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  there  is  hereby 

established  a public  park  for  the  city  of  Chicago,  to  be  known  as  Lake 
park,  and  to  comprise  all  those  public  lands  now  existing,  or  which  may 


254  PARKS,  BOULEVARDS^AND  DRIVEWAYS.  [§  93 

be  hereafter  reclaimed,  bounded  on  the  north  by  the  south  line  of 
Randolph  street,  and  the  same  extended  east,  on  the  west  by  the  east 
line  of  Michigan  avenue  from  the  south  line  of  Randolph  street  to  the 
north  line  of  Park  row,  thence  on  the  south  by  the  north  line  of  Park 
row  from  Michigan  avenue  to  the  east  line  of  lot  6,  block  23,  in  frac- 
tional section  fifteen  (15),  addition  to  Chicago,  thence  on  the  west  by 
the  east  line  of  said  lot  6 from  the  north  line  of  Park  row  to  the  south 
line  of  section  fifteen  (15),  township  thirty-nine  (39)  north,  range  four- 
teen (14)  east  of  the  third  (3rd)  principal  meridian,  and  thence  on  the 
south  by  the  south  line  of  said  section  fifteen  (15)  and  the  same  ex- 
tended east,  and  on  the  east  by  the  line  now  established  or  by  any  line 
which  may  hereafter  be  established  by  the  government  of  the  United 
States  as  a harbor  or  dock  line;  and,  for  the  purpose  of  reclamation 
and  grading,  authority  and  permission  is  hereby  given  tp  dump  or 
place  therein  any  proper  filling  material,  under  the  supervision  of  the 
commissioner  of  public  works  of  said  city. 

1"  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 93.  Grants  to  South  park  commissioners. 

1.  Part  of  Lake  front  park  granted  to  park  board. 

2.  Limitations  of  grant. 

3.  Reservation  of  rights. 

4.  Grant  to  Field  Columbian  Museum. 

1[  5-  Failure  to  accept — grant  to  museum  made  perpetual. 

6.  Grant  to  museum  to  revert,  when. 

•jt  7-  Grant  to  Illinois  National  Guard. 

TT  8.  Acceptance  of  ordinance. 

9.  When  in  force. 

An  Ordinance  Granting  Consent  to  the  South  Park  Commissioners  to 
Take,  Regulate,  Control  and  Govern  all  that  Part  of  the  Lake 
Front  Park  Lying  South  of  the  North  Line  of  Jackson  Street,  Ex- 
tended East.  (Passed  July  27,  1896.  Accepted  November  9,  1896.) 

IT  1.  Part  of  Lake  front  park  granted  to  park  board.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  con- 

sent be,  and  the  same  is  hereby  given  to  the  South  park  commissioners 
to  take,  regulate,  control  and  govern,  in  the  same  manner  as  it  may 
govern  other  parks  or  boulevards  under  its  control,  all  that  certain 
public  park  situated  in  the  town  of  South  Chicago,  in  the  city  of  Chi- 
cago, and  known  as  the  Lake  Front  park,  or  Lake  park,  except,  how- 
ever, that  portion  lying  north  of  the  north  line  of  Jackson  street,  ex- 
tended on  a straight  line  east  from  Michigan  avenue  to  the  Illinois  Cen- 
tral Railroad  Company’s  right  of  way,  and  west  of  the  right  of  way  of 
the  Illinois  Central  Railroad  Company,  including  in  the  consent  here- 
by given  all  land  which  may  be  hereafter  reclaimed  adjoining  said  park, 
and  all  right  and  control  in  and  over  any  reclaimed  land,  and  any  water 
rights  in  connection  with  the  said  park  which  now  exist,  or  which 
may  be  hereafter  provided  under  any  ordinance  or  contract  now  in  ex- 


LAKE  FRONT  PARK. 


255 


§ 93] 


istence.  And  the  said  South  park  commissioners  shall  have  the  right 
to  control,  improve  and  maintain  so  much  of  the  said  park  as  it  is 
hereby  authorized  to  take. 

•f  2.  Limitations  of  grant.]  § 2.  This  ordinance  is  passed 
subject  to  the  provision  that  all  the  rights  acquired  by  the  Illinois  Cen- 
tral! Railroad  Company  under  the  ordinance  passed  by  the  city  council 
on  the  21  st  day  of  October,  1895,  and  under  the  contract  entered  into 
between  the  city  of  Chicago  and  the  Illinois  Central  Railroad  Com- 
pany, dated  the  20th  day  of  November,  1895,  shall  be  respected  by  the 
said  South  park  commissioners,  and  all  contracts  entered  into  by  the 
said  Illinois  Central  Railroad  Company  in  prosecution  of  the  work  to 
be  done  by  it,  and  in  accordance  with  the  said  above  described  agree- 
ment and  ordinance  prior  to  the  acceptance  of  this  ordinance  by  the 
South  park  commissioners  shall  be  respected  by  said  South  park  com- 
missioners. And  the  South  park  commissioners  shall  receive  and  enjoy 
all  rights  and  benefits  secured  by  said  agreement  and  ordinance  to 
the  city  of  Chicago  so  far  as  the  same  apply  to  those  parts  of  said  park 
thus  taken  by  said  South  park  commissioners. 

1 3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  here- 
by reserves  the  right  to  lay  and  repair  any  water  main,  sewer  or  electric 
light  conduit  in  the  same  manner  and  to  the  same  extent  as  it  now 
has  authority  to  do  so. 

1 4.  Grant  to  Field  Columbian  museum.]  § 4.  This  ordi- 
nance is  passed  and  the  grants  therein  contained  are  subject  to  the 
further  provision  and  condition,  to-wit : 

That  the  Field  Columbian  museum,  a corporation  organized  and 
incorporated  under  the  laws  of  the  state  of  Illinois  shall  have  the  right 
and  privilege,  and  such  right  and  privilege  are  hereby  granted,  to  lo- 
cate, construct  and  maintain  its  permanent  buildings  and  structures 
for  the  use  and  occupancy  of  said  museum  upon  the  said  public  park 
hereinbefore  described  under  section  1 of  this  ordinance;  and  the  fol- 
lowing described  piece,  part  or  parcel  of  said  park  is  hereby  designated 
and  set  apart  for  such  use  and  purpose  of  said  Field  Columbian 
museum,  to-wit:  A certain  piece  or  parcel  of  land  1300  feet  in  length 
by  900  feet  in  width,  more  particularly  described  and  located  as  fol- 
lows: The  west  line  thereof  to  be  225  feet  east  of  the  present  right  of 
way  and  property  of  the  Illinois  Central  Railroad. 

It  is  further  herein  provided  that  the  said  Field  Columbian  mu- 
seum may  enter  into  possession  of  said  piece  or  parcel  of  land  at  any 
time  whenever  it  desires  to  commence  the  construction  of  its  said  build- 
ings or  other  improvements  upon  said  premises,  and  from  that  date 
shall  have  the  exclusive  control  and  right  of  occupancy  of  said 
premises,  together  with  all  structures  and  other  improvements  there- 
on; and  it  is  further  provided  that  the  public  shall  at  all  times  have 
free  and  reasonable  access  to  said  museum  grounds  over  and  through 


256  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  , [§  94 

said  park,  hereinbefore  described  and  by  the  terms  of  this  ordinance 
transferred  to  said  South  park  commission. 

T 5.  Failure  to  accept — grant  to  museum  made  perpetual.] 
§ 5.  And  be  it  further  ordained  that  in  the  event  said  South  park  com- 
mission shall  decline  to  accept  said  transfer  of  said  park  as  herein  pro- 
vided, then  the  grant  to  said  Field  Columbian  museum,  with  all  privi- 
leges contained  in  section  4 of  this  ordinance,  shall  be  and  hereby  is 
made  perpetual,  and  it  is  hereby  declared  that  said  piece  or  parcel 
of  land  described  in  said  section  4,  is  hereby  dedicated  to  the  uses  and 
privileges  of  said  Field  Columbian  museum  as  in  this  ordinance  ex- 
pressed and  contained. 

1 6.  Grant  to  museum  to  revert,  when.]  § 6.  That  por- 
tion of  the  lake  front  dedicated  to  the  use  of  the  Field  Columbian 
museum,  is  so  dedicated  on  the  express  condition  that  unless  the  work 
of  construction  of  such  museum  shall  be  started  within  one  year  from 
the  passage  of  this  ordinance,  said  space  shall  revert  to  the  South  park 
commissioners. 

If  7.  Grant  to  Illinois  National  Guard.]  § 7.  All  that  por- 
tion of  said  Lake  Front  park  lyingeast  of  the  easterly  line  of  the  Illinois 
Central  Railroad  Company’s  right  of  way,  and  lying  north  of  the  north 
line  of  Monroe  street  extending  to  the  east  limits  of  said  park,  at  the 
outer  sea  wall,  shall  be  and  the  same  is  hereby  dedicated  to  the  use  of 
the  local  military  companies  of  the  Illinois  National  Guard  for  the 
purpose  of  parade  grounds  and  a site  for  armory  and  other  like  uses 
by  said  military  organizations. 

T 8.  Acceptance  of  ordinance.]  1 § 8.  Unless  the  said  South 
park  commissioners  shall  within  four  months  from  the  passage  of  this 
ordinance  accept  the  same  and  take  so  much  of  said  park  as  consent  is 
hereby  given  for,  this  ordinance  shall  cease  to  be  of  any  force  or  effect 
and  the  consent  hereby  given  shall  be  deemed  to  be  withdrawn. 

If  9.  When  in  force.]  § 9.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  amendatory  ordinance. 

§ 94.  Control  of  Lake  Front  Park. 

TT  1.  Monroe  street  substituted  for  Jackson  street — land  set  apart 
for  Field  museum. 

2.  Limitations, 
t 3-  When  in  force. 

An  Ordinance  Amending  an  Ordinance  Concerning  Control  of  Lake  Front 

Park  by  the  South  Park  Commissioners.  (Passed  July  27,  1896.) 

T 1.  Monroe  street  substituted  for  Jackson  street— land  set 
apart  for  Field  Museum.  ] j Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  sections  1 and  4 of  a certain  ordi- 

nance of  the  city  of  Chicago,  passed  on  the  27th  day  of  July,  1896,  en- 
titled “An  ordinance  granting  consent  to  the  South  park  commission- 


LAKE  FRONT  PARK. 


257 


§ 94] 

ers  to  take,  regulate,  control  and  govern  all  that  part  of  the  Lake  Front 
park  lying  south  of  the  north  line  of  Jackson  street,  extended  east/’  be 
and  said  section  1 is  hereby  amended  by  striking  out  the  word  “Jack- 
son,”  in  said  section,  and  inserting  therein  the  word  “Monroe,”  so  that 
said  section  1,  as  hereby  amended,  shall  hereafter  read  as  follows: 

§ 1.  That  consent  be  and  the  same  is  hereby  given  to  the  South 
park  commissioners  to  take,  regulate,  control  and  govern,  in  the  same 
manner  as  it  may  govern  other  parks  or  boulevards  under  its  control, 
all  that  certain  public  park  situated  in  the  town  of  South  Chicago,  in 
the  city  of  Chicago,  and  known  as  the  Lake  Front  park,  or  Lake  park, 
except,  however,  that  portion  lying  north  of  the  north  line  of  Monroe 
street,  extended  on  a straight  line  east  from  Michigan  avenue  to  the 
Illinois  Central  Railroad  Company’s  right  of  way,  and  west  of  the  Illi- 
nois Central  Railroad  Company,  including  in  the  consent  hereby  given 
all  land  which  may  be  hereafter  reclaimed  adjoining  said  park,  and  all 
right  and  control  in  and  over  any  reclaimed  land,  and  any  water  rights 
in  connection  with  the  said  park  which  now  exist,  or  which  may  be 
hereafter  provided  under  any  ordinance  or  contract  now  in  existence. 
And  the  said  South  park  commissioners  shall  have  the  right  to  con- 
trol, improve  and  maintain  so  much  of  the  said  park  as  it  is  hereby  au- 
thorized to  take. 

And  that  said  section  4 of  the  said  ordinance  shall  be  and  is  here- 
by amended  by  inserting  therein,  after  the  words  “Illinois  Central 
Railroad,”  the  following:  “The  center  line  of  said  piece  or  parcel  of 
land  to  be  the  center  line  of  Congress  street,  extended,  and  to  extend 
north  and  south  from  said  center  line  a distance  of  six  hundred  and 
fifty  (650)  feet,  and  the  east  line  thereof  to  be  nine  hundred  (900)  feet 
east  of  and  parallel  to  said  west  line  of  said  strip  or  parcel  of  land;  the 
west  line  thereof  to  be  two  hundred  and  twenty-five  (225)  feet  east  of 
the  present  right  of  way  and  property  of  the  Illinois  Central  Railroad,” 
so  that  said  section  4 as  amended  shall  read  as  follows: 

§ 4.  This  ordinance  is  passed  and  the  grants  therein  contained 
are  subject  to  the  further  provision  and  condition,  to-wit: 

That  the  Field  Columbian  Museum,  a corporation’organized  and 
incorporated  under  the  laws  of  the  state  of  Illinois,  shall  have  the  right 
and  privilege,  and  such  right  and  privilege  are  hereby  granted,  to  lo- 
cate, construct  and  maintain  its  permanent  buildings  and  structures 
for  the  use  and  occupancy  of  said  museum  upon  the  public  park  herein- 
before described  under  section  1 of  this  ordinance;  and  the  following 
described  piece,  part  or  parcel  of  said  park  is  hereby  designated  and  set 
apart  for  such  use  and  purpose  of  said  Field  Columbian  Museum,  to- 
wit:  A certain  piece  or  parcel  of  land  1300  feet  in  length  by  900  feet 
in  width,  more  particularly  described  and  located  as  follows:  The 

west  line  thereof  to  be  two  hundred  and  twenty-five  (225)  feet  east  of 
the  present  right  of  way  and  property  of  the  Illinois  Central  Railroad. 
The  center  line  of  said  piece  or  parcel  of  land  to  be  the  center  line  of 


258 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


Congress  street,  extended,  and  to  extend  north  and  south  from  said 
center  line  a distance  of  650  feet,  and  the  east  line  thereof  to  be  900 
feet  east  of  and  parallel  to  said  west  line  of  said  strip  or  parcel  of  land; 
the  west  line  thereof  to  be  225  feet  east  of  the  present  right  of  way  and 
property  of  the  Illinois  Central  Railroad. 

It  is  further  herein  provided  that  the  said  Field  Columbian  Mu- 
seum may  enter  into  possession  of  said  piece  or  parcel  of  land  at  any 
time  whenever  it  desires  to  commence  the  construction  of  its  said  build- 
ings or  other  improvements  upon  said  premises,  and  from  that  date 
shall  have  the  exclusive  control  and  right  of  occupancy  of  said 
premises,  together  with  all  structures,  and  other  improvements  there- 
on; and  it  is  further  provided  that  the  public  shall  at  all  times  have 
free  and  reasonable  access  to  said  museum  grounds  over  and  through 
said  park,  hereinbefore  described,  and  by  the  terms  of  this  ordinance 
transferred  to  said  South  park  commission. 

1 2.  Limitation,]  § 2.  That  portion  of  the  lake  front  dedi- 
cated to  the  use  of  the  Field  Columbian  museum  is  so  dedicated  on 
the  express  condition  that  unless  the  work  of  construction  of  such  mu- 
seum shall  be  started  within  two  (2)  years  from  the  passage  of  this 
ordinance,  said  space  shall  revert  to  the  South  park  commissioners. 

IF  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 


LAKEWOOD  PARK. 

§ 95.  Lakewood  park. 

If  1.  Named. 

11  2.  When  in  force. 

An  Ordinance  Designating  and  Naming  Lakewood  Park.  (Passed  June  13, 

1892.) 

IF  1.  Lakewood  park  named.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  small  public  park 

bounded  by  Lake  avenue,  Greenwood  avenue  and  43rd  street  be  and 
the  same  is  hereby  named  and  designated  “Lakewood  park.” 

IT  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


MICHIGAN  AVENUE. 


259 


96] 


MICHIGAN  AVENUE. 

§ 96.  Michigan  avenue. 

17  1.  Part  of  Michigan  avenue  and  Thirty-fifth  street' granted. 

17  2.  Accepance  of  grant. 

17  3.  When  in  force. 

An  Ordinance  Authorizing  the  Board  of  South  Park  Commissioners  to 

Take  Possession  of  a Certain  Portion  of  Michigan  Avenue.  (Passed 

June  23,  1879.) 

«]  1.  Part  of  Michigan  avenue  and  Thirty-fifth  street  granted.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 

That,  whereas,  the  general  assembly  has  passed  a certain  act,  which 
was  duly  approved  AjDril  9,  A.  D.  1879,  and  which,  with  the  title 
thereto,  is  in  the  words  and  figures  following : 

An  Act  to  enable  park  commissioners  and  corporate  authorities  to  take,  regu- 
late, control  and  improve  public  streets  leading  to  public  parks,  to  pay  for  the 
improvement  thereof,  and  in  that  behalf  to  make  and  collect  a special  assessment 
or  special  tax  on  contiguous  property. 

§ i.  Be  it  enacted  by  the  people  of  the  state  of  Illinois,  repre- 
sented in  the  general  assembly: 

That  every  board  of  park  commissioners  shall  have  power  to 
connect  any  public  park,  boulevard  or  driveway  under  its  control  with 
any  part  of  any  incorporated  city,  town  or  village,  by  selecting  and 
taking  any  connecting  street  or  streets,  or  part  thereof,  leading  to  such 
park;  Provided,  that  the  streets  so  selected  and  taken,  so  far  as  taken, 
shall  be  within  the  district  or  territory  the  property  of  which  shall  be 
taxable  for  the  maintenance  of  such  park;  and  provided,  further,  that 
the  consent  of  the  corporate  authorities  having  control  of  any  such 
street  or  streets,  so  far  as  selected  and  taken,  and  also  the  consent  in 
writing  of  the  owners  of  a majority  of  the  frontage  of  the  lots  and 
lands  abutting  on  such  street  or  streets,  so  far  as  taken,  shall  be  first 
obtained;  and  provided,  further,  that  such  connection  or  improvement 
shall  embrace  only  such  street  or  streets  as  are  necessary  to  form  one 
continuous  improvement. 

§ 2.  That  such  board  of  park  commissioners,  or  such  corporate 
authorities  as  are  by  law  authorized  to  levy  taxes  or  assessments  for 
the  maintenance  of  such  parks,  shall  have  power  to  improve  such  street 
or  streets  in  such  manner  as  they  may  deem  best,  and  for  that  purpose 
they  are  hereby  authorized  to  pay  for  the  improvement  thereof,  and 
from  time  to  time  to  levy,  or  cause  to  be  levied  and  collected,  a special 
tax  or  assessment  on  contiguous  property  abutting  upon  such  street 
so  improved,  for  a sum  of  money  not  exceeding  the  estimated  cost  of 
such  first  improvement  or  improvements  as  shall  be  ordered  and  esti- 
mated by  such  board  of  park  commissioners,  but  not  for  any  subse- 
quent repair  thereof.  And  to  that  end  such  board  or  corporate  au- 
thorities shall  have  all  the  power  and  authority  now  or  hereafter 
granted  to  them,  respectively,  relative  to  the  levy,  assessment  and  col- 


260 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


lection  of  taxes  and  assessments  for  corporate  purposes.  And  such 
special  taxes  or  assessments  as  are  hereby  authorized  may  be  divided 
into  not  exceeding  four  annual  installments,  bearing  interest  at  the  rate 
of  six  per  cent  per  annum  from  the  date  of  confirmation  until  paid,  and 
the  said  assessment  or  installment  thereof  shall  be  collected  and  en- 
forced in  the  same  manner  as  is  provided  by  law  for  the  collection  and 
enforcement  of  other  taxes  or  assessments  for  or  on  account  of  such 
corporate  bodies  or  boards  as  aforesaid,  so  far  as  the  same  are  ap- 
plicable. 

§ 3.  Such  park  boards  shall  have  the  same  power  and  control 
over  the  parts  of  streets  taken  under  this  act  as  are  or  may  be  by  law 
vested  in  them  of  and  concerning  the  parks,  boulevards  or  driveways 
under  their  control. 

§ 4.  In  case  any  such  street,  or  parts  thereof,  shall  pass  from 
the  control  of  any  such  park  boards,  the  power  and  authority  of  the 
same  granted  or  authorized  by  this  act  shall  revert  to  the  proper  cor- 
porate authorities  of  such  city,  town  or  village,  respectively,  as  afore- 
said. 

§ 5.  Any  city,  town  or  village  in  this  state  shall  have  full  power 
and  authority  to  invest  any  of  such  park  boards  with  the  right  to  con- 
trol, improve  and  maintain  any  of  the  streets  of  such  city,  town  or  vil- 
lage, for  the  purpose  of  carrying  out  the  provisions  of  this  act. 

§ 6.  Whereas,  there  is  a necessity  for  the  immediate  construction 
of  the  improvements  contemplated  in  this  act,  therefore  an  emergency 
exists,  and  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage.  Approved  April  9,  1879. 

And,  whereas  the  board  of  South  park  commissioners  are  about 
selecting  and  taking,  for  the  uses  and  purposes  in  the  said  act  men- 
tioned, that  part  of  Michigan  avenue  extending  from  the  south  line  of 
Jackson  street  to  the  south  line  of  Thirty-fifth  street,  and  that  part  of 
Thirty-fifth  street  extending  from  the  east  line  of  Michigan  avenue  to 
the  east  line  of  the  Grand  boulevard,  and  the  consent  in  writing  of  the 
owners  of  a majority  of  the  frontage  of  the  lots  and  lands  abutting 
011  each  of  the  said  streets,  so  far  as  taken  or  proposed  to  be  taken  by 
said  board,  having  been  obtained,  consent  is  hereby  given  and  granted 
to  the  said  board  of  South  park  commissioners  to  take,  regulate,  con- 
trol and  improve  the  before  described  parts  of  Michigan  avenue  and 
Thirty-fifth  streets,  respectively,  in  manner  and  form  provided  in  the 
said  act  of  the  general  assembly.  And  full  power  and  authority  is 
hereby  granted  to  said  board  of  park  commissioners  to  control,  im- 
prove and  maintain  the  parts  of  said  streets,  so  to  be  taken  as  aforesaid, 
for  the  purpose  of  carrying  out  the  provisions  of  the  said  act  of  the 
general  assembly;  Provided,  however,  that  nothing  in  this  ordinance 
contained  shall  be  construed  as  a waiver  or  relinquishment  by  or  on 
the  part  of  said  city  of  any  of  its  rights  or  powers  in  relation  to  the 
laying  of  water  or  gas  mains  and  pipes,  and  the  building  and  repairing 


97] 


MICHIGAN  AVENUE. 


261 


of  sewers,  in  said  streets,  and  the  regulating  of  openings  for  the  same. 
All  powers  which  said  city  now  has  in  relation  to  water  and  gas  pipes 
and  sewers  and  t'heir  connections,  and  the  regulation  of  the  same  and 
the  openings  for  the  same,  in  streets  and  alleys  of  said  city,  being  here- 
by expressly  reserved  as  to  the  said  part  of  Michigan  avenue  and 
Thirty-fifth  street  in  as  ample  a manner  as  if  the  aforesaid  consent 
were  not  given. 

Provided,  that  the  estimated  cost  of  said  first  improvement  shall 
include  a sum  sufficient  to  lay  a pavement  of  the  best  quality,  stone 
curbing,  a permanent  sidewalk  of  uniform  width,  and  such  shade  trees, 
shrubbery,  additional  lamp  posts  and  other  additions  as  may  be  deemed 
necessary  to  make  the  same  in  every  respect  a thoroughly  finished 
boulevard. 

«[  2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of 
park  commissioners  shall  within  thirty  days  from  the  approval  hereof 
select  and  take  the  said  parts  of  streets  for  the  purposes  aforesaid,  this 
ordinance  shall  cease  to  be  of  any  force  or  effect,  and  the  consent  given 
by  section  1 aforesaid  shall  be  deemed  to  be  withdrawn. 

3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 97.  Michigan  avenue. 

U 1.  Part  of  Michigan  avenue  granted  to  park  board. 

2.  Acceptance  of  grant. 

3.  When  in  force. 

An  Ordinance  Authorizing  the  Board  of  South  Park  Commissioners  to 

Take,  Regulate  and  Control  Michigan  Avenue  irom  Thirty-fifth 

Street  to  Thirty-ninth  Street.  (Passed  October  17,  1884.) 

T 1.  Part  of  Michigan  avenue  granted  to  park  board.] 

Beit  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 
That,  whereas  the  general  assembly  has  passed  an  act,  which  was 
duly  approved  April  9,  A.  D.  1879,  and  which,  with  the  title 
thereto,  is  in  the  words  and  figures  following: 

“An  Act  to  enable  park  commissioners’ and  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to  public  parks,  to  pay  for 
the  improvements  thereof,  and  in  that  behalf  to  make  and  collect  a special  assess- 
ment or  special  tax  on  contiguous  property. 

§ I.  Be  it  ordained  by  the  people  of  the  state  of  Illinois,  repre- 
sented in  the  general  assembly: 

That  every  board  of  park  commissioners  shall  have  power  to  con- 
nect any  public  park,  boulevard  or  driveway  under  its  control  with  any 
part  of  any  incorporated  city,  town  or  village,  by  selecting  and  taking 
any  connecting  street  or  streets,  or  parts  thereof,  leading  to  such 

park. 

Provided,  that  the  street  so  selected  and  taken,  so  far  as  taken, 
shall  be  within  the  district  or  territory,  the  property  of  which  shall  be 
taxable  for  the  maintenance  of  such  park. 


262 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  97 


And  provided,  further,  that  the  consent  of  the  corporate  authori- 
ties having  control  of  any  such  street  or  streets,  so  far  as  taken,  and 
also  the  consent,  in  writing,  of  the  owners  of  a majority  of  the  front- 
age of  the  lots  and  lands  abutting  on  such  street  or  streets,  so  far  as 
taken,  shall  be  first  obtained. 

And  provided,  further,  that  such  connection  or  improvement  shall 
embrace  only  such  street  or  streets  as  are  necessary  to  form  one  con- 
tinuous improvement. 

§ 2.  That  such  board  of  park  commissioners,  or  such  corporate 
authorities  as  are  by  law  authorized  to  levy  taxes  or  assessments  for 
the  maintenance  of  such  parks,  shall  have  power  to  improve  such  street 
or  streets  as  they  may  deem  best,  and  for  that  purpose  they  are  hereby 
authorized  to  pay  for  the  improvement  thereof,  and  from  time  to  time 
to  levy  or  cause  to  be  levied  and  collected  a special  tax  or  assessment 
on  contiguous  property  abutting  upon  such  streets  so  improved,  for 
a sum  of  money  not  exceeding  the  estimated  cost  of  such  first  im- 
provement or  improvements  as  shall  be  ordered  and  estimated  by  such 
board  of  park  commisisoners,  but  not  for  any  subsequent  repairs  there- 
of ; and  to  that  end  such  board  or  corporate  authorities  shall  have  all 
the  power  and  authority  now  or  hereafter  granted  to  them, respectively, 
relative  to  the  levy,  assessment  and  collection  of  taxes  or  assessments 
for  corporate  purposes.  And  such  special  taxes  or  assessments  as  are 
hereby  authorized  may  be  divided  into  not  exceeding  four  annual  in- 
stallments, bearing  interest  at  the  rate  of  six  per  cent  per  annum  from 
the  date  of  confirmation  until  paid.  And  the  said  assessments  or  in- 
stallments thereof  shall  be  collected  and  enforced  in  the  same  manner  as 
is  provided  by  law  for  the  collection  and  enforcement  of  other  taxes  or 
assessments  for  or  on  account  of  such  corporate  bodies  or  boards,  so 
far  as  the  same  are  applicable. 

§ 3.  Such  park  boards  shall  have  the  same  power  and  control 
over  the  parts  of  streets  taken  under  this  act  as  are  or  may  be  by  law 
vested  in  them  of  and  concerning  the  parks,  boulevards  or  driveways 
under  their  control. 

§ 4.  In  case  any  such  streets  or  parts  thereof  shall  pass  from 
the  control  of  any  such  park  board,  the  power  and  authority  over  the 
same  granted  or  authorized  by  this  act  shall  revert  to  the  proper  cor- 
porate authorities  of  such  city,  town  or  village,  respectively,  as  afore- 
said. 

§ 5.  Any  city,  town  or  village  in  this  state  shall  have  full  power 
and  authority  to  invest  any  of  such  park  boards  with  the  right  to  con- 
trol, improve  and  maintain  any  of  the  streets  of  such  city,  town  or 
village  for  the  purpose  of  carrying  out  the  provisions  of  this  act. 

§ 6.  Whereas,  there  is  a necessity  for  the  immediate  construction 
of  the  improvement  contemplated  in  this  act,  therefore  an  emergency 
exists,  and  the  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage.  ’ ’ 


97] 


MICHIGAN  AVENUE. 


263 


And,  whereas,  the  board  of  South  park  commissioners  are  about 
selecting  and  taking,  for  the  uses  and  purposes  in  the  said  act  men- 
tioned, that  part  of  Michigan  avenue  extending  from  the  south  line 
of  Thirty-fifth  street  to  the  center  line  of  Thirty-ninth  street,  in  the 
city  of  Chicago,  and  the  consent,  in  writing,  of  a majority  of  the  front- 
age of  the  lots  and  lands  abutting  on  said  Michigan  avenue,  so  far  as 
taken,  or  proposed  to  be  taken,  by  said  board,  having  been  obtained, 
and  the  village  of  Hyde  Park  having  given  and  granted  consent  to  said 
board  of  South  park  commissioners  to  take,  regulate  and  control  and 
improve  that  part  of  Michigan  avenue  extending  from  the  center  line 
of  Thirty-ninth  street  to  the  north  line  of  Fifty-fifth  street  or  Garfield 
boulevard : 

Now,  therefore,  consent  is  hereby  given  and  granted  to  the  said 
board  of  South  park  commissioners  to  take,  regulate,  control  and  im- 
prove the  before  described  part  of  Michigan  avenue,  located  between 
the  south  line  of  Thirty-fifth  street  and  the  center  line  of  Thirty-ninth 
street,  in  the  city  of  Chicago,  in  manner  and  form  provided  in  the  said 
act  of  the  general  assembly,  for  the  purpose  of  connecting  the  city  of 
Chicago  at  the  intersection  of  Michigan  avenue’  and  Thirty-fifth  street 
with  said  Garfield  boulevard. 

Provided,  however,  that  nothing  in  this  ordinance  contained  shall 
be  construed  as  a waiver  or  relinquishment  by  or  on  the  part  of  said 
city  of  any  of  its  rights  or  powers  in  relation  to  the  laying  of  water 
pipes  or  gas  mains  and  pipes,  and  the  building  and  repairing  of  sewers, 
in  said  Michigan  avenue,  and  the  regulating  of  openings  for  the  same. 
All  powers  which  said  city  now  has  in  relation  to  water  and  gas  pipes 
and  sewers  and  their  connections,  and  the  regulation  of  the  same,  and 
the  openings  for  the  same,  in  streets  and  alleys  of  said  city,  being  here- 
by expressly  reserved,  as  to  the  said  part  of  Michigan  avenue,  in  as 
ample  a manner  as  if  the  aforesaid  consent  were  not  given; 

Provided,  that  the  estimated  cost  of  said  first  improvement  shall 
include  a sum  sufficient  to  lay  a pavement  of  the  best  quality,  stone 
curbing,  a permanent  sidewalk  of  uniform  width,  and  such  shade  trees, 
shrubbery,  additional  lamp  posts  and  other  additions  as  may  be  deemed 
necessary  to  make  the  same  in  every  respect  a thoroughly  finished 
boulevard. 

1 2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of 
South  park  commissioners  shall,  within  six  months  from  the  approval 
hereof,  select  and  take  the  said  part  of  Michigan  avenue  for  the  pur- 
poses aforesaid,  this  ordinance  shall  cease  to  be  of  any  force  or  effect, 
and  the  consent  hereby  given  by  section  1 aforesaid  shall  be  deemed  to 
be  withdrawn. 

r 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


264 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


§ 98. 


Michigan  Avenue. 


If  1.  Preamble. 

ir  2-  Part  °f  Michigan  avenue  granted  to  park  board, 
if  3.  Acceptance  of  grant. 


An  Ordinance  Authorizing  the  Board  of  South  Park  Commissioners  to 
Take,  Regulate  * and  Control  Michigan  Avenue  from  Thirty-ninth 
Street  to  Fifty-fifth  Street.  (Passed  and  approved  July  26,  1884.) 

- 

1"  1.  Preamble.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § 1.  That,  whereas,  the 

general  assembly  has  passed  a certain  act  which  was  duly  approved 
April  9th,  A.  D.  1879,  and  which,  with  the  title  thereto,  is  in  the 
words  and  figures  following: 

“An  Act  to  enable  park  commissioners  and  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to  public  parks;  to  pay  for 
the  improvement  thereof,  and  in  that  behalf  to  make  and  collect  a special  assess- 
ment, or  special  tax  on  contiguous  property. 


§ i.  Be  it  enacted  by  the  people  of  the  state  of  Illinois  repre- 
sented in  the  general  assembly:  That  every  board  of  park  commis- 
sioners shall  have  power  to  connect  any  public  park,  boulevard  or 
driveway  under  its  control,  with  any  part  of  any  incorporated  city, 
town  or  village,  by  selecting  and  taking  any  connecting  street  or 
streets,  or  parts  thereof,  leading  to  such  park:  Provided,  that  the 

street  so  selected  and  taken,  so  far  as  taken,  shall  be  within  the  dis- 
trict or  territory,  the  property  of  which  shall  be  taxable  for  the  main- 
tenance of  such  park;  and  provided,  further,  that  the  consent  of  the 
corporate  authorities  having  control  of  any  such  street  or  streets  so 
far  as  selected  and  taken,  and  also  the  consent  in  writing  of  the  owners 
of  a majority  of  the  frontage  of  the  lots  and  lands,  abutting  on  such 
street  or  streets,  so  far  as  taken,  shall  be  first  obtained;  and  provided 
further,  that  such  connection  or  improvement  shall  embrace  only  such 
street  or  streets  as  are  necessary  to  form  one  continuous  improvement. 

§ 2.  That  such  board  of  park  commissioners  or  such  corporate 
authorities,  as  are  by  law  authorized  to  levy  taxes  or  assessments  for 
the  maintenance  of  such  parks,  shall  have  power  to  improve  such 
street  or  streets  as  they  may  deem  best;  and  for  that  purpose  they  are 
hereby  authorized  to  pay  for  the  improvement  thereof,  and  from  time 
to  time,  to  levy  or  cause  to  be  levied  and  collected  a special  tax  or 
assessment  on  contiguous  property  abutting  upon  such  street  so  im- 
proved, for  a sum  of  money  not  exceeding  the  estimated  cost  of  such 
first  improvement  or  improvements,  as  shall  be  ordered  and  estimated 
by  such  board  of  park  commissioners,  but  not  for  any  subsequent  re- 
pairs thereof.  And  to  that  end  such  board  or  corporate  authorities 
shall  have  all  the  power  and  authority  now  or  hereafter  granted  to  them 
respectively,  relative  to  the  levy,  assessment  and  collection  of  taxes  or 
assessments  for  corporate  purposes.  And  such  special  taxes  or  assess- 
ments as  are  hereby  authorized,  may  be  divided  into  not  exceeding 
four  annual  installments,  bearing  interest  at  the  rate  of  six  per  cent  per 


§9«] 


MICHIGAN  AVENUE. 


265 


annum  from  the  date  of  confirmation  until  paid;  and  the  said  assess- 
ments or  installments  thereof  shall  be  collected  and  enforced  in  the 
same  manner  as  is  provided  by  law  for  the  collection  and  enforcement 
of  other  taxes  or  assessments,  for,  or  on  account  of  such  corporate 
bodies,  or  boards,  as  aforesaid,  so  far  as  the  same  are  applicable. 

§ 3.  Such  park  boards  shall  have  the  same  power  and  control 
over  the  parts  of  streets  taken  under  this  act,  as  are  or  may  be  by  law 
vested  in  them  of,  and  concerning  the  parks,  boulevards  or  driveways 
under  their  control. 

§ 4.  In  case  any  such  streets  or  parts  thereof  shall  pass  from  the 
control  of  any  such  park  board,  the  power  and  authority  over  the 
same,  granted  or  authorized  by  this  act,  shall  revert  to  the  proper  cor- 
porate authorities  of  such  city,  town  or  village,  respectively,  as  afore- 
said. 

§ 5.  Any  city,  town  or  village  in  this  state,  shall  have  full  power 
and  authority  to  invest  any  of  such  park  boards  with  the  right  to  con- 
trol, improve  and  maintain  any  of  the  streets  of  such  city,  town  or  vil- 
lage for  the  purpose  of  carrying  out  the  provisions  of  this  act. 

§ 6.  Whereas,  there  is  a necessity  for  the  immediate  construc- 
tion of  the  improvement  contemplated  in  this  act,  therefore  an  emer- 
gency exists  and  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage.”  Approved  April  9th,  1879. 

T 2.  Part  of  Michigan  avenue  granted  to  park  board.]  § 1. 

And,  whereas,  the  board  of  South  park  commissioners  are  about  select- 
ing and  taking,  for  the  uses  and  purposes  in  the  said  act  mentioned, 
that  part  of  Michigan  avenue  extending  from  the  center  line  of  Thirty- 
ninth  street  to  the  north  line  of  Fifty-fifth  street  or  Garfield  boulevard, 
and  the  consent  in  writing  of  the  owners  of  a majority  of  the  frontage 
of  the  lots  and  lands  abutting  on  said  Michigan  avenue,  so  far  as  taken 
or  proposed  to  be  taken  by  said  board,  having  been  obtained,  consent 
is  hereby  given  and  granted  to  the  said  board  of  South  park  commis- 
sioners to  take,  regulate  and  control  and  improve  the  before  described 
part  of  Michigan  avenue,  in  manner  and  form  provided  in  the  said  act 
of  the  general  assembly : Provided,  however,  that  nothing  in  this  ordi- 
nance contained,  shall  be  construed  as  a waiver  or  relinquishment  by 
or  on  the  part  of  said  village  of  any  of  its  rights  or  powers  in  relation 
to  the  laying  of  water  or  gas  mains  and  pipes,  and  the  building  and  re- 
pairing of  sewers  in  said  street,  and  the  regulating  of  openings  for  the 
same.  All  powers  which  said  village  now  has  in  relation  to  water  and 
gas  pipes  and  sewers  and  their  connections,  and  the  regulation  of  the 
same,  and  the  openings  for  the  same  in  streets  and  alleys  of  said  village, 
being  hereby  expressly  reserved  as  to  the  said  part  of  Michigan  avenue 
in  as  ample  a manner  as  if  the  aforesaid  consent  were  not  given : Pro- 
vided, that  the  estimated  cost  of  said  first  improvement  shall  include  a 
sum  sufficient  to  lay  a pavement  of  the  best  quality,  stone  curbing,  a 
permanent  sidewalk  of  uniform  width,  and  such  shade  trees,  shrubbery, 


266  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§  99 

additional  lamp  posts,  and  other  additions  as  may  be  deemed  necessary 
to  make  the  same  in  every  respect  a thoroughly  finished  boulevard: 
Provided  further,  that  said  Board  of  South  Park  Commissioners  shall 
not,  in  any  one  year,  make  an  assessment  for  the  improvement  hereby 
contemplated  of  more  than  half  a mile  in  length  of  said  portion  of  said 
Michigan  avenue,  and  said  improvement  to  be  commenced  at  39th 
street.  And  provided,  further,  that  no  improvement  shall  be  made  on 
any  portion  of  said  avenue  described  herein,  until  the  sewers,  gas  pipes 
and  water  pipes  shall  have  been  constructed  and  laid.  And  provided 
further,  that  no  assessment  shall  be  made  for  the  improvement  of  any 
portion  of  said  avenue  south  of  39th  street,  until  an  assessment  shall 
have  been  made  for  the  improvement  thereof  between  35th  and  39th 
streets. 

T 3.  Acceptance  of  grant.]  § 2.  Unless  the  said  Board  of 
Park  Commissioners  shall,  within  six  months  from  the  approval  hereof, 
select  and  take  the  said  part  of  said  street  for  the  purposes  aforesaid, 
this  ordinance  shall  cease  to  be  of  any  force  or  effect,  and  the  consent 
hereby  given  by  section  1 aforesaid  shall  be  deemed  to  be  withdrawn. 


SOUTH  PARK  AVENUE  AND  THIRTY-SECOND  STREET. 

§ 99.  South  Park  avenue  and  Thirty-second  street. 

TJ  1.  Granted. 

If  2.  Part  of  Thirty-fifth  street  boulevard  surrendered. 

3.  When  in  force. 

An  Ordinance  Giving  Consent  to  the  South  Park  Commissioners  to  Abandon 
Thirty-fifth  Street  Boulevard,  from  Michigan  Avenue  to  Grand 
Boulevard,  and  to  Select  and  Take  South  Park  Avenue,  from  Thirty- 
Fifth  Street  to  Thirty-second  Street,  and  Thirty-second  Street,  from 
South  Park  Avenue  to  Michigan  Avenue  Boulevard.  (Passed  May  25, 
1896.) 

IT  1.  Part  of  South  Park  avenue  and  Thirty-second  street 
granted.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  consent  be  and  is  hereby  given  that  South  Park  avenue, 
from  the  south  line  of  Thirty-fifth  street  to  the  north  line  of  Thirty- 
second  street,  and  Thirty-second  street,  from  the  east  line  of  South 
Park  avenue  to  the  east  line  of  Michigan  avenue  boulevard,  be  selected 
and  taken  by  the  South  Park  Commissions  in  accordance  with  the 
provisions  of  the  acts  of  the  legislature  of  the  state  of  Illinois,  and  said 
South  Park  Commissioners  shall  have  full  power  and  authority  to  reg- 
ulate, control,  improve  and  maintain  the  parts  of  said  streets  so  to  be 
taken  as  aforesaid;  provided,  however,  that  nothing  in  this  ordinance 


§ IOo]i  SOUTH  PARK  AVENUE  AND  TWENTY-NINTH  STREET. 


267 


contained  shall  be  construed  as  a waiver  or  relinquishment  by  or  on 
the  part  of  the  city  of  Chicago  of  any  of  its  rights  or  powers  in  rela- 
tion to  the  laying  of  water  mains  and  pipes  and  connections  therewith, 
and  the  construction  of  sewers  and  drains  in  said  streets,  and  the  reg- 
ulating of  openings  for  the  same’,  or  the  repair  of  water  mains,  pipes, 
sewers  or  drains  in  said  streets,  and  all  powers  that  the  city  of  Chicago 
now  has  in  relation  to  water  mains,  pipes  and  sewers  and  their  connec- 
tions and  the  regulation  of  the  same,  and  the  openings  for  the  same  in 
the  streets  of  said  city,  are  hereby  expressly  reserved  to  said  city  as  to 
the  parts  of  said  streets  herein  above  authorized  to  be  selected  and 
taken  by  the  South  Park  Commissioners. 

1 2.  Part  of  Thirty -fifth  street  boulevard  surrendered.]  § 2. 
That  consent  be  and  is  hereby  given  that  Thirty-fifth  street  boulevard, 
between  the  west  line  of  Grand  boulevard  and  the  east  line  of  Michigan 
avenue  boulevard,  be  abandoned  and  surrendered  over  bv  the  South 
Park  Commissioners  to  the  city  of  Chicago  and  the  proper  corporate 
authorities  thereof,  and  the  city  of  Chicago  hereby  agrees  upon  the 
abandonment  and  surrender  of  said  Thirty-fifth  street  as  aforesaid,  by 
the  South  Park  Commissioners,  to  assume  and  exercise  control  and 
jurisdiction  over  the  same. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


SOUTH  PARK  AVENUE  AND  TWENTY-NINTH  STREET. 

§ 100.  South  Park  avenue  and  Twenty- ninth  street. 

IT  1.  Part  of  South  Park  avenue  and.  Twenty-ninth  street  granted. 

2.  Acceptance  of  grant. 

3.  When  in  force. 

An  Ordinance  Authorizing  the  Board  of  South  Park  Commissioners  to  Take 
Possession  of  Twenty-ninth  Street,  from  the  East  Line  of  Michigan 
Avenue  to  South  Park  Avenue,  and  South  Park  Avenue,  from  the  North 
Line  of  Twenty-ninth  Street  to  the  South  Line  of  Thirty-fifth  Street. 
(Passed  July  n,  1895.) 

T 1.  Part  of  South  Park  avenue  and  Twenty-ninth  street 

granted.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago : 
§ 1.  That,  whereas,  the  general  assembly  has  passed  an  act, 
which  was  duly  approved  June  21st,  1895,  and  which,  with  the  title 
thereto,  is  in  words  and  figures  following : 

“An  Act  to  enable  park  commissioners  or  park  authorities  to  take,  regulate, 
control  and  improve  public  streets,  and  to  pay  for  the  improvement  thereof, 
Approved  June  21,  1895,  in  force  July  1,  1895. 

1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois,  represented 


268  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§  IOO 

in  the  general  assembly,  that  every  Board  of  Park  Commissioners  or 
park  authorities  shall  have  power  to  connect  any  public  park,  boule- 
vard or  driveway,  under  its  control,  with  any  part  of  any  incorporated 
city,  town  or  village,  by  selecting  and  taking  any  connecting  street  or 
streets,  or  parts  thereof,  leading  to  such,  park,  boulevard  or  driveway, 
and  shall  also  have  power  to  accept  and  add  to  any  parks  or  park  under 
their  control  any  street  or  parts  thereof  which  adjoins  or  runs  parallel 
with  any  boundary  line  of  the  same:  Provided,  that  the  streets  so 

selected  and  taken,  so  far  as  taken,  shall  be  within  the  district  or  terri- 
tory the  property  of  which  shall  be  taxable  for  the  maintenance  of 
such  parks,  boulevard  or  driveway;  and  provided,  further,  that  the 
consent  of  the  corporate  authorities  having  control  of  any  such  street 
of  streets,  so  far  as  selected  and  taken,  and  also  the  consent  in  writing 
of  the  owners  of  a majority  of  the  frontage  of  the  lots  and  lands  abut- 
ting an  such  streets,  so  far  as  taken,  shall  be  first  obtained. 

2.  That  such  Board  of  Park  Commissioners  or  park  authorities 
shall  have  power  to  improve  such  street  or  streets,  or  parts  thereof,  in 
such  manner  as  they  may  deem  best;  and  as  they  have  or  may  hereafter 
have  power  to  improve  other  streets  under  their  control,  and  for  that 
purpose  they  are  hereby  authorized  to  pay  for  the  improvement  there- 
of by  levying,  assessing  and  collecting  a special  tax  on  contiguous 
property  abutting  on  said  street  or  streets  or  parts  thereof  so  improved, 
or  a special  assessment  on  property  benefited,  in  the  manner  in  which 
said  Board  of  Park  Commissioners  or  park  authorities  are  now  or  may 
be  hereafter  empowered  by  law  to  levy,  assess  and  collect  special  taxes 
on  contiguous  property  or  special  assessments  for  benefits  in  other 
cases,  or  to  pay  therefor  by  general  taxation,  or  both;  but  no  such 
special  tax  or  special  assessment  shall  be  levied  for  the  maintenance  and 
repair  of  such  improved  street,  but  the  same  shall  be  maintained  and 
repaired  by  said  Park  Boards  or  park  authorities  as  in  other  cases.  And 
such  special  taxes  or  special  assessments  as  are  hereby  authorized  may 
be  divided  into  not  exceeding  four  annual  installments,  bearing  six  per 
cent  per  annum  interest  from  the  date  of  confirmation  thereof  by  the 
court  until  paid,  and  the  same  shall  be  collected  and  enforced  in  the 
same  manner  as  is  or  may  hereafter  be  provided  by  law  for  the  collec- 
tion and  enforcement  of  other  special  taxes  or  special  assessments  for 
or  on  account  of  said  Park  Commissioners  or  park  authorities,  so  far 
as  the  same  is  applicable. 

3.  Such  Park  Boards  or  park  authorities  shall  have  the  same 
power  and  control  over  the  streets  or  part  of  streets  so  selected  and 
taken  under  this  act  as  are  now  or  may  be  hereafter  vested  in  them 
over  and  concerning  parks,  boulevards  or  driveways  or  other  streets. 

4.  In  case  any  such  streets  or  parts  thereof  shall  pass  from  the 
control  of  any  such  Park  Commissioners  or  park  authorities,  the  power 
and  authority  over  the  same,  granted  or  authorized  by  this  act,  shall 
revert  to  the  proper  corporate  authorities  of  such  city,  town  or  village, 
respectively,  as  aforesaid. 


§ loo]  SOUTH  PARK  AVENUE  AND  TWENTY-NINTH  STREET.  269 

5.  Any  incorporated  city,  town  or  village  in  this  state  shall  have 
full  power  and  authority  to  invest  any  of  such  Park  Commissioners  or 
park  authorities  with  the  right  to  control,  improve  and  maintain  any 
of  the  streets  of  such  city,  town  or  village,  for  the  purpose  of  carrying 
out  the  provisions  of  this  act. 

6.  The  provisions  of  this  act,  so  far  as  the  same  applies  to  im- 
proving, maintaining  and  repairing  any  street  or  streets  or  parts  there- 
of, and  of  the  levy,  assessment  and  collection  of  special  taxes  and 
special  assessments,  shall  apply  to  any  street  or  streets  or  parts  thereof 
that  have  been  heretofore  selected  and  taken  under  the  control  of  any 
Park  Commissioners  or  park  authorities,  and  to  any  such  street  or 
streets  or  parts  thereof  which,  or  portions  of  which,  have  not  yet  been 
improved  by  such  Park  Commissioners  or  park  authorities.” 

And,  whereas,  the  Board  of  South  Park  Commissioners  are  about 
to  select  and  take,  for  the  uses  and  purposes  in  the  said  act  mentioned, 
29th  street,  from  the  east  line  of  Michigan  avenue  to  South  Park  ave- 
nue, and  South  Park  avenue,  from  the  north  line  of  29th  street  tO'  the 
south  line  of  35th  street,  said  parts  of  streets  being  within  the  corporate 
limits  of  the  city  of  Chicago,  county  of  Cook  and  state  of  Illinois;  and, 
whereas,  the  consent  in  writing  of  the  owners  of  a majority  of  the 
frontage  of  the  lots  and  lands  abutting  on  said  parts  of  said  streets,  so 
far  as  taken  or  proposed  to  be  taken  by  said  board,  have  been  obtained: 
Now,  therefor^,  the  consent  of  the  city  of  Chicago,  through  its  cor- 
porate authorities,  is  hereby  given  and  granted  to  the  said  Bodrd  of 
South  Park  Commissioners  to  take  and  improve  such  parts  of  streets 
aforesaid,  in  such  a manner  as  they  may  deem  best,  in  manner  and 
form  as  provided  in  said  act  of  the  general  assembly.  And  full  power 
and  authority  is  hereby  granted  said  Board  of  Park  Commissioners  to 
control  and  improve  the  parts  of  said  streets  so  to  be  taken,  as  afore- 
said, for  the  purpose  of  carrying  out  the  provisions  of  the  said  act  of 
the  general  assembly;  Provided,  however,  that  nothing  in  this  ordi- 
nance contained  shall  be  construed  as  a waiver  or  relinquishment  by 
or  on  the  part  of  said  city  of  any  of  its  rights  or  powers  in  relation  to 
the  laying  of  water  or  gas  mains  and  pipes,  and  the  building  and  re- 
pairing of  sewers,  in  said  parts  of  said  streets,  and  the  regulation  of 
openings  for  the  same;  all  powers  which  said  city  now  has  in  relation 
to  water  and  gas  pipes  and  sewers  and  their  connections,  and  regula- 
tion of  the  same,  and  the  openings  for  the  same,  in  streets  and  alleys  of 
said  city,  being  hereby  especially  reserved  as  to  said  part  of  29th  street 
from  the  east  line  of  Michigan  avenue  to  South  Park  avenue,  and 
South  Park  avenue  from  the  north  line  of  29th  street  to  the  south  line 
of  35th  street,  in  as  ample  a manner  as  if  the  aforesaid  consent  were 
not  given ; Provided,  that  the  estimated  cost  of  said  first  improvement 
shall  include  a sum  sufficient  to  lay  a pavement  of  the  best  quality, 
stone  curbing,  a permanent  sidewalk  of  uniform  width,  and  shade 
trees,  shrubbery,  additional  lamp  posts  and  other  additions  as  may  be 


270 


PARKS,  ROUREV  ARDS  AND  DRIVEWAYS.  [§§101,102 


deemed  necessary  to  make  the  same  in  every  respect  a thoroughly 
finished  boulevard. 

1 2.  Acceptance  of  grant.]  § 2.  Unless  the  said  Board  of 
South  Park  Commissioners  shall,  within  thirty  days  from  the  approval 
hereof,  select  and  take  the  said  parts  of  streets  for  the  purpose  afore- 
said, this  ordinance  shall  cease  to  be  of  any  force  or  effect,  and  the 
consent  given  by  section  1,  aforesaid,  shall  be  deemed  to  be  withdrawn. 

1 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


STATUE  OF  CHRISTOPHER  COLUMBUS. 

§ 1 01.  Statue  of  Christopher  Columbus. 

1.  Memorial  statue  authorized. 

An  Ordinance  Providing  for  and  Authorizing  the  Erection  of  a Monu- 
ment in  Memory  of  Christopher  Columbus,  on  the  Lake  Front,  South 
of  Jackson  Street,  in  the  City  of  Chicago.  (Passed  January  25,  1892.) 

1 1.  Memorial  statue  authorized.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  The  right  and  authority  is  here- 
by granted  to  the  World’s  Columbian  Exposition  to  erect  at  some 
eligible  point  to  be  selected  by  it  on  that  part  of  the  lake  front  lying 
east  of  Michigan  avenue  and  south  of  Jackson  street  extended,  a per- 
manent memorial  statue  of  Christopher  Columbus,  with  suitable  foun- 
dation and  pedestal  for  the  same;  said  memorial  statue  when  so  erected 
and  completed  shall,  after  the  close  of  the  proposed  Columbian  Ex- 
position— that  is,  after  the  thirtieth  (30th)  day  of  October,  A.  D.  1893 
— become  the  property  of,  be  under  the  control  and  care  of  the  city 
of  Chicago,  and  shall  be  maintained  as  a permanent  memorial  of  said 
exposition. 


WASHINGTON  AVENUE. 

(Hyde  Park.) 

§ 102.  Washington  avenue. 

1.  Created  a pleasure  driveway. 

2.  Regulation  as  to  use,  etc. 

3.  Penalty  for  violation. 

An  Ordinance  Designating  Washington  Avenue  Between  Lake  Avenue  and 
Midway  Plaisancr  for  a Pleasure  Drive,  (Passed  and  approved  May 
24,  1889.) 


WASHINGTON  AVENUE. 


271 


§ >°3] 

1 1.  Washington  avenue  created  a pleasure  driveway.]  Be  it 

ordained  by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park:  § i.  That  the  whole  of  Washington  avenue  in  the  village  of 

Hyde  Park  from  its  junction  with  Lake  avenue  on  the  north  to  the 
Midway  Plaisanoe,  or  59th  street,  on  the  south,  be  and  the  same  is 
hereby  designated  as  a public  driveway  to  be  for  pleasure  driving  only. 

1 2.  Regulations  as  to  use,  etc.]  § 2.  All  pleasure  driving 
upon  said  Washington  avenue  shall  not  exceed  the  rate  of  eight  (8) 
miles  an  hour  on  any  part  of  said  avenue,  and  all  funeral  processions, 
hearses  and  traffic  teams  and  vehicles  are  hereby  excluded  from  such 
Washington  avenue,  and  the  same  shall  be  kept  free  from  any  and  ali 
business  traffic  or  objectional  travel,  in  order  that  said  avenue  may  be 
reserved  for  a pleasure  driveway  for  pleasure  driving  only;  provided, 
however,  that  grocery  wagons,  coal  wagons,  delivery  wagons  and  ex- 
press wagons,  when  engaged  in  delivering  groceries,  coal  or  express 
packages,  baggage  or  other  supplies  for  the  use  of  inhabitants  residing 
on  said  avenue,  and  building  materials  for  use  in  erection  of  buildings 
on  said  avenue,  shall  be  permitted  to  be  and  travel  upon  said  avenue 
for  a distance  not  exceeding  two  blocks  thereon  in  any  continuous  trip, 
it  being  the  intent  and  meaning  of  this  ordinance  that  no  traffic  teams 
and  vehicles  shall  be  or  travel  upon  said  avenue,  except  for  so  long 
a time  as  may  be  necessary  for  the  purpose  of  delivering  to'  the  people 
residing  on  said  avenue,  household  and  other  supplies,  building  ma- 
terials, etc.  ^ 

1 3.  Penalty  for  violation.]  § 3.  Any  person  who  shall  vio- 
late any  of  the  provisions  of  this  ordinance  shall,  upon  conviction,  be 
subjected  to  a fine  not  exceeding  $100.00  for  each  offense. 


WASHINGTON  AVENUE. 

(Washington  Heights.) 

§ 103.  Washington  Heights. 

1.  Preamble. 

If  2.  Created  a pleasure  driveway. 

3.  Funeral  processions  restricted. 

4-  Penal  clause. 

An  Ordinance  Designating  Washington  Avenue  as  a Pleasure  Driveway, 
to  be  Used  for  Pleasure  Driving  only,  and  to  Regulate  the  Use  of 
the  Same.  (Passed  and  approved  November  10,  1890.) 

T 1.  Preamble.]  Whereas,  the  corporate  authorities  of  the  vil- 
lage of  Washington  Heights  have  been  petitioned  thereto  by  the  own- 
ers of  more  than  two-thirds  (f)  of  the  frontage  of  land  fronting  the 
whole  of  Washington  avenue,  in  said  village,  therefore, 


272 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  IO4 


T 2.  Washington  avenue  created  a pleasure  driveway.]  Be 

it  ordained  by  the  president  and  board  of  trustees  of  the  village  of 
Washington  Heights:  § 1.  That  the  whole  of  Washington  avenue, 

under  the  jurisdiction  of  said  village,  be  and  the  same  is  hereby 
designated  as  a public  pleasure  driveway,  to  be  used  for  pleasure 
driving  only. 

1 3.  Funeral  processions  restricted.]  § 2.  That  it  shall  be 
unlawful  for  any  funeral  procession,  hearse  or  traffic  team  and  vehicle, 
to  go  upon  or  along  said  Washington  avenue  a greater  distance,  in 
either  direction,  than  one-half  block. 

T 4.  Penal  clause.]  § 3.  Any  person  who  shall  violate  the 
preceding  section  shall  be  fined  in  any  sum  not  exceeding  two  hundred 
($200)  dollars. 


WEST. 

(Parks,  Boulevard  and  Driveways.) 

§ 104.  West  Chicago. 

§ 105.  Ashland  avenue. 

§ 106.  South  Ashland  avenue. 

§ 107.  Ashland  avenue. 

§ 108.  Campbell  park. 

§ 109.  Campbell  park. 

§ no.  Central  Park  avenue. 

§ in.  Diversey  street. 

| 1 12.  Hamlin  avenue. 

§ 1 1 3.  West  Jackson  street. 

8 1 14.  West  Jackson  street. 

8 1 15.  Keazie  avenue. 

§ 1 16.  Polk  street. 

§ 1 1 7.  Riverside  boulevard. 

§ 1 18.  Shedd’s  park. 

$ 1 19.  Shedd’s  park. 

§ 120.  Oakley  avenue. 

$ 121.  Twelfth  street  and  Ogden  avenue. 

§ 122.  Union  and  Jefferson  parks. 

£ 123.  Vernon  park. 

§ 124.  Warren  avenue. 

^ 125.  Warren  avenue. 

& 126.  West  Washington  street. 

127.  Wicker  park. 

| 128.  Water  for  use  in  parks. 


§§  i°4,  io5] 


ASHLAND  AVENUE. 


273 


WEST  CHICAGO. 

§ 104.  West  Chicago. 

T[  1.  Granted  to  park  board. 

An  Ordinance  authorizing  the  Board  of  West  Park  Commissioners  to 
Improve,  Control  and  Manage  Certain  Streets. 

1.  Grant  to  park  board.]  Whereas,  under  and  by  virtue  of  an 
act  of  the  general  assembly  of  this  state,  in  force  July  1,  1873,  the  West 
Chicago  park  commissioners  have  selected  and  designated  Division 
street  from  Milwaukee  avenue  to  Humboldt  park,  Washington  street 
from  the  Chicago  and  Northwestern  railroad  crossing  to  Central  park, 
Twelfth  street  from  Ashland  avenue  to  Ogden  avenue,  and  Ogden 
avenue  from  West  Twelfth  street  to  the  west  line  of  Douglas  park,  as 
boulevards  or  pleasureways  to  connect  said  Humboldt,  Central,  and 
Douglas  parks  with  the  more  thickly-settled  portions  of  the  park  dis- 
trict; therefore, 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago: 
That  the  said  West  Chicago  park  commissioners  be,  and  they  are 
hereby,  authorized  to  improve,  control  and  manage  the  said  several 
streets,  above  described,  the  same  as  other  public  grounds  by  them 
established. 


ASHLAND  AVENUE. 

§ 105.  Ashland  avenue. 

IF  1.  Part  of  South  Ashland  avenue  granted  to  park  board, 
it  2.  Acceptance  of  grant, 
it  3-  When  in  force. 

An  Ordinance  Authorizing  the  Board  of  West  Chicago  Park  Commission- 
ers to  Take,  Regulate  and  Control  South  Ashland  Avenue  from 
Washington  Boulevard  to  Twelfth  Street.  (Passed  July  26.  1886.) 

•[  1.  Part  of  South  Ashland  avenue  granted  to  park  board.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That, 

whereas,  the  general  assembly  has  passed  an  act,  which  was  duly  ap- 
proved June  26,  A.  D.  1885,  entitled  “An  act  to  amend  sections  1 and 
2 of  an  act  entitled  ‘An  act  to  enable  park  commissioners  and  corporate 
authorities  to  take,  regulate,  control  and  improve  public  streets  lead- 
ing to  public  parks,  to  pay  for  the  improvements  thereof,  and  in  that 
behalf  to  make  and  collect  a special  assessment  or  special  tax  on  con- 
tiguous property/  ” Approved  April  9,  A.  D.  1879; 

And,  whereas,  the  board  of  west  park  commissioners  are  about 
selecting  and  taking,  for  the  uses  and  purposes  in  said  act  mentioned, 
that  part  of  South  Ashland  avenue  extending  from  the  north  line  of 
18 


274 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§§  io5>  106 


Washington  boulevard  all  along  and  to  the  south  line  of  Twelfth  street, 
in  the  city  of  Chicago,  and  the  consent,  in  writing,  of  a majority  of  the 
owners  of  the  frontage  of  the  lots  and  lands  abutting  on  said  South 
Ashland  avenue,  so  far  as  taken,  or  proposed  to  be  taken,  by  said 
board,  has  been  obtained; 

Now,  therefore,  consent  is  hereby  given  and  granted  to  the  said 
board  of  west  park  commissioners  to  take,  regulate,  control  and  im- 
prove the  before  described  part  of  South  Ashland  avenue,  between  the 
north  line  of  Washington  boulevard  and  the  south  line  of  Twelfth 
street,  in  the  city  of  Chicago,  in  manner  and  form  provided  in  said  act 
of  the  general  assembly,  for  the  purpose  of  adding  to  Union  park  and 
Washington  boulevard,  upon  the  terms  and  conditions,  and  subject  to  j 
the  requirements,  in  said  petition  mentioned;  Provided,  however,  j 
that  nothing  in  this  ordinance  contained  shall  be  construed  as  a waiver  j 
or  relinquishment  on  the  part  of  said  city  or  any  of  its  rights  or  powers 
in  relation  to  the  laying  of  water  pipes,  and  the  building  and  repairing  | 
of  sewers,  in  the  said  South  Ashland  avenue,  and  the  regulating  of 
openings  for  the  same. 

All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipes  and  sewers  and  their  connections,  and  the  regulation  of  the  same, 
and  the  openings  of  the  same,  in  the  streets  and  alleys  of  said  city,  are 
hereby  expressly  reserved  as  to  the  said  part  of  South  Ashland  avenue 
in  as  ample  a manner  as  if  the  aforesaid  consent  was  not  given. 

If  2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of 
west  park  commissioners  shall,  within  six  months  from  the  approval 
hereof,  select,  take  and  add  the  said  part  of  South  Ashland  avenue  to  ' 
Union  park  and  Washington  boulevard,  for  the  purpose  aforesaid,  and 
upon  the  terms  and  conditions  aforesaid,  this  ordinance  shall  cease 
to  be  of  any  force  or  effect,  and  the  consent  hereby  given  shall  be 
deemed  to  be  withdrawn. 

IT  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 

from  and  after  its  passage. 

Note.  — See  following  amendatory  ordinances. 

§ 106.  South  Ashland  Avenue. 

If  1.  Amendment. 

An  Ordinance  Amending  an  Ordinance  Passed  July  26,  1886,  Authorizing 
the  Board  of  West  Chicago  Park  Commissioners  to  Take,  Regulate 
and  Control  South  Ashland  Avenue  from  Washington  Boulevard  to 
Twelfth  Street.  (Passed  January  10,  1887.  Accepted  January  31,  1887.^ 

T 1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  section  two  (2)  of  ordinance  authorizing  the 
board  of  West  Chicago  park  commissioners  to  assume  control  of  Ash- 
land avenue,  from  West  Twelfth  street  to  Washington  boulevard, 
passed  July  26,  18 86,  be  and  the  same  is  hereby  amended  by  striking 


ASHLAND  AVENUE. 


275 


§ I07] 

out  the  word  “six’’  in  the  second  line  of  said  section  and  inserting  in 
lieu  thereof  the  word  “nine.” 

§ 2.  This  ordinance  shall  be  in  force  from  and  after  its  passage. 

g 107.  Ashland  avenue. 

1.  Preamble. 

2.  Part  of  Ashland  avenue  granted  to  park  board. 

3.  Acceptance  of  grant. 

4.  When  in  force. 

An  Ordinance  Authorizing  the  Board  of  West  Chicago  Park  Commissioners 
to  Take,  Regulate,  Control  and  Improve  that  Part  of  Ashland 
Avenue  Lying  Between  the  South  Line  of  West  Lake  Street  and  the 
North  Line  of  Washington  Boulevard.  (Passed  January  31,  1887.  Ac- 
cepted March  14,  1887.) 

«[  1.  Preamble.]  Whereas,  the  owners  of  a majority  of  the  front- 
age of  the  lots  and  lands  abutting  on  that  part  of  Ashland  avenue 
above  described  have  petitioned  that  this  council  grant  to  the  board  of 
West  Chicago  park  commissioners  said  portion  of  said  avenue,  and 
have  consented  in  writing,  that  said  board  may  select  and  take  said 
portion  of  said  acenue  and  make  the  same  a boulevard  and  add  the 
same  to  Union  park;  and, 

Whereas,  it  is  deemed  desirable  that  the  prayer  of  said  petitioners 
be  granted ; therefore, 

% 2.  Part  of  Ashland  avenue  granted  to  park  board.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  §1.  That  where- 

as, the  general  assembly  of  the  state  of  Illinois  passed  an  act,  which 
was  duly  approved  June  27th,  A.  D.  1885,  entitled  “An  act  to  amend 
sections  one  (1)  and  two  (2)  of  an  act  entitled  ‘An  act  to  enable  park 
commissioners  or  corporate  authorities  to  take,  regulate,  control  and 
improve  public  streets  leading  to  public  parks,  to  pay  for  the  improve- 
ment thereof,  and  in  that  behalf  to  make  and  collect  a special  assess- 
ment or  special  tax  on  the  contiguous  property/  ” Approved  and  in 
force  April  9th,  A.  D.  1879;  and, 

Whereas,  the  board  of  West  Chicago  park  commissioners  are  about 
selecting  and  taking,  for  the  uses  and  purposes  in  said  act  mentioned, 
that  part  of  Ashland  avenue  lying  between  the  south  line  of  West  Lake 
street  and  the  north  line  of  Washington  boulevard,  and  situate  with- 
in the  corporate  limits  of  the  city  of  Chicago ; and  the  consent,  in  writ- 
ing, of  the  owners  of  a majority  of  the  frontage  of  the  lots  and  lands 
abutting  on  said  street,  so  far  as  proposed  to  be  taken  by  such  board, 
having  been  given : 

Now,  therefore,  consent  is  hereby  given  and  granted  to  the  said 
board  of  West  Chicago  park  commissioners  to  take,  regulate,  control 
and  improve  that  part  of  Ashland  avenue  lying  between  the  south  line 
of  West  Lake  street  and  the  north  line  of  Washington  boulevard,  for 
the  purpose  of  making  of  the  same  a boulevard  and  adding  the  same  to 
Union  park  in  manner  and  form  as  provided  in  and  by  said  act  of  the 
general  assembly; 


276 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


Provided,  however,  that  nothing  in  this  ordinance  shall  be  con- 
strued as  a waiver  or  relinquishment  on  the  part  of  said  city  of  any 
of  its  rights  or  powers  in  relation  to  the  laying  of  water  pipes,  and  the 
building  and  repairing  of  sewers,  in  said  street,  and  the  regulating  of 
openings  for  the  same. 

All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipes,  and  sewers  and  their  connections,  and  the  regulation  of  the  same 
and  the  opening  of  the  same,  in  streets  and  alleys  of  said  city,  are  here- 
by expressly  reserved  as  to  the  said  part  of  said  street  in  as  ample  a 
manner  as  if  the  aforesaid  consent  was  not  given. 

1 3.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  shall, 
within  one  year  from  the  approval  hereof  select,  take  and  add  the  said 
part  of  said  street,  for  the  purpose  aforesaid,  and  upon  Ihe  same  terms 
and  conditions  aforesaid,  this  ordinance  shall  cease  to  be  of  any  force 
or  effect,  and  the  consent  hereby  given  shall  be  deemed  to  be  with- 
drawn. 

IT  4.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CAMPBELL  PARK. 

§ 108.  Campbell  park. 

TT  1.  Granted  to  park  board. 

If  2.  Limitations*  of  grant. 

*i[  3.  Reservation  of  rights. 

If  4.  Acceptance  of  ordinance. 

An  Ordinance  Authorizing  the  West  Chicago  Park  Commissioners  to 

Take,  Improve  and  Maintain  Campbell  Park.  (Passed  October  21,  18S9. 

Accepted  February  3,  1890.) 

1"  1.  Campbell  park  granted  to  park  board.]  Whereas,  the 
West  Chicago  park  commissioners  are  desirous  of  taking  charge  of  and 
improving  Campbell  park,  at  their  own  charge  and  expense,  and  with- 
out expense  to  the  city  of  Chicago;  therefore, 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 

That,  for  the  purpose  aforesaid,  authority  is  hereby  given  to  the  West 
Chicago  park  commissioners  to  take  charge  of  and  improve  said  Camp- 
bell park,  under  such  plans  and  in  such  manner  as  shall  be  approved  by 
them;  and  to  that  end  the  management  and  control  of  said  park  is 
hereby  surrendered  to  the  said  West  Chicago  park  commissioners; 
Provided,  the  said  park  commissioners  shall  improve,  maintain  and 
keep  in  good  repair  said  Campbell  park  to  the  satisfaction  of  the  own- 
ers of  the  majority  of  the  property  abutting  on  said  Campbell  park, 
otherwise  said  park  shall  revert  to  the  city  of  Chicago. 


CENTRAL  PARK  AVENUE. 


277 


§§  I09>  I10l 


«;  2.  Limitations  of  grant.]  § 2.  Nothing  herein  contained 
shall  authorize  said  West  Chicago  park  commissioners,  or  any  person, 
to  alter,  change  or  use  said  Campbell  park  for  any  other  purpose  than 
that  for  which  it  was  dedicated  or  designed. 

«[  3.  Reservation  of  rights.]  § 3.  Nothing  in  this  ordinance 
shall  be  construed  as  a waiver  on  the  part  of  the  city  of  its  rights  to 
exercise  full  and  exclusive  jurisdiction  and  control  over  the  construc- 
tion, repair  and  maintenance  of  all  underground  work  of  a public 
character  in  said  park. 

r 4.  Acceptance  of  ordinance.]  § 4.  Said  West  Chicago 
park  commissioners  shall  accept  the  provisions  hereof  within  thirty 
(30)  days  from  date,  otherwise  this  ordinance  shall  be  null  and  void. 

Note. — See  following  amendatory  ordinance. 


§ 109.  Campbell  park. 
1.  Amendment. 


An  Ordinance  Amending  an  Ordinance  Passed  October  21,  1889,  Authoriz- 
ing the  West  Chicago  Park  Commissioners  to  Take,  Improve  and  Main- 
tain Campbell  Park.  (Passed  November  25,  1889.) 


IT  1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  an  ordinance  passed  October  21,  1889, 

concerning  Campbell  park,  be  and  the  same  is  hereby  amended  by 
striking  therefrom  the  following  words,  viz. : "Provided,  the  said  park 

commissioners  shall  improve,  maintain  and  keep  in  good  repair  said 
Campbell  park  to  the  satisfaction  of  the  owners  of  the  majority  of  the 
property  abutting  on  said  Campbell  park,  otherwise  said  park  shall 
revert  to  the  city  of  Chicago.’’ 


CENTRAL  PARK  AVENUE. 

§ no.  Central  Park  avenue. 

1.  Part  of  Central  Park  avenue  granted  to  park  board. 

"it  2.  Acceptance  of  ordinance. 

3.  When  in  force. 

An  Ordinance  Authorizing  the  West  Chicago  Park  Commissioners  to  Take 
Charge  of,  Control  and  Improve  Central  Park  Avenue,  from  the 
South  Line  of  West  Madison  Street  to  the  North  Line  of  Colorado 
Avenue.  (Passed  June  10,  1895.  Accepted  July  20,  1895.) 

€ 1.  Part  of  Central  Park  avenue  granted  to  park  board.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago : § 1.  Whereas, 
the  general  assembly  has  passed  an  act  entitled  "An  act  to  enable  park 
commissioners  and  corporate  authorities  to  take,  regulate,  control  and 


278 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  111 


improve  public  streets  leading  to  public  parks,  to  pay  for  the  improve- 
ment thereof,  and  in  that  behalf  to  make  and  collect  a special  assess- 
ment or  special  tax  upon  contiguous  property,”  approved  April  9th, 
1879,  and  as  amended  by  an  act  approved  June  27,  1885,  and  as  further 
amended  by  an  act  approved  June  16,  1887;  and, 

Whereas,  the  board  of  West  Chicagopark  commissioners  are  about 
selecting  and  taking,  for  the  uses  and  purposes  in  said  act  mentioned, 
that  part  of  Central  Park  avenue  from  the  south  line  of  West  Madison 
street  to  the  north  line  of  Colorado  avenue,  in  the  city  of  Chicago,  and 
the  consent,  in  writing,  of  a majority  of  the  owners  of  the  frontage  ol 
the  lots  and  land  abutting  on  said  part  of  Central  Park  avenue: 

Now,  therefore,  consent  is  hereby  given  and  granted  to  the  said 
board  of  West  Chicago  park  commissioners  to  take,  regulate,  control 
and  improve  that  before  described  part  of  Central  Park  avenue,  be- 
tween the  south  line  of  West  Madison  street  and  the  north  line  of 
Colorado  avenue,  upon  the  terms  and  conditions  and  subject  to  the 
requirements  in  said  petition  contained;  Provided,  however,  that 
nothing  in  this  ordinance  contained  shall  be  construed  as  a waiver  or 
relinquishment  on  the  part  of  the  said  city  of  -any  of  its  rights  or 
powers  in  relation  to  the  laying  of  water  pipes  and  the  building  and  re- 
pairing of  sewers  in  said  Central  Park  avenue,  between  the  limits 
described,  and  regulations  of  openings  for  the  same. 

1 2.  Acceptance  of  ordinance.]  § 2.  That  said  West  Chicago 
park  commissioners  shall  accept  the  provisions  of  this  ordinance  within 
sixty  days  from  the  time  of  the  approval  thereof,  otherwise  this  ordi- 
nance shall  be  null  and  vojd. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


DIVERSEY  STREET. 

§ hi.  Diversey  street. 

TT  1.  Part  of  Diversey  street  granted  to  park  board. 

2.  Acceptance  of  ordinance. 

*j[  3.  When  in  force. 

An  Ordinance  Authorizing  the  West  Chicago  Park  Commissioners  to  Take 
Charge  of,  Control  and  Improve  West  Diversey  Street,  from  a Point 
Beginning  Three  Hundred  (300)  Feet  East  of  the  East  Line  of  Oakley 
Avenue  to  the  West  Bank  of  the  North  Branch  of  the  Chicago  River. 
(Passed  October  7,  1895.  Accepted  October  28th,  1895.) 

1 1.  Part  of  Diversey  street  granted  to  park  board.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago':  § 1.  Whereas, 
the  general  assembly  of  the  state  of  Illinois  has  passed  an  act  entitled, 
“An  Act  to  enable  park  commissioners  or  park  authorities  to  take, 


HAMLIN  AVENUE. 


279 


§ ii2i 

regulate,  control  and  improve  public  streets,  and  to  pay  for  the  im- 
provement thereof,”  approved  June  21,  1895,  in  force  July  1.  1895;  and, 
Whereas,  the  board  of  West  Chicago  park  commissioners  are 
about  selecting  and  taking,  for  the  uses  and  purposes  in  said  act  men- 
tioned, that  part  of  Diversey  street  from  a point  three  hundred  (300) 
feet  east  of  the  east  line  of  Oakley  avenue  to  the  west  bank  of  the 
north  branch  of  the  Chicago  river,  in  the  city  of  Chicago,  and  the 
consent  in  writing  of  the  majority  of  the  owners  of  the  frontage  of 
the  lots  and  lands  abutting  on  said  Diversey  street,  so  taken  up  or 
proposed  to  be  taken  by  said  board,  has  been  obtained: 

Now,  therefore,  consent  is  hereby  given  and  granted  to  said  board 
of  West  Chicago  park  commissioners  to  take,  regulate,  control  and 
improve  the  before  described  part  of  Diversey  street,  from  a point  three 
hundred  (300)  feet  east  of  the  east  line  of  Oakley  avenue  to  the  west 
bank  of  the  north  branch  of  the  Chicago  river,  in  the  city  of  Chicago, 
in  the  manner  and  form  provided  in  said  act  of  the  general  assembly, 
for  the  purpose  of  extending  Humboldt  boulevard  and  connecting  the 
west  park  boulevard  system  with  the  Lincoln  park  system,  upon  the 
terms  and  conditions  and  subject  to  the  requirements  in  said  petition 
mentioned;  provided,  however,  that  nothing  in  this  ordinance  con- 
tained shall  be  construed  as  a waiver  or  relinquishment  on  the  part 
of  said  city  of  any  of  its  rights  or  powers  in  relation  to  the  laying 
of  water  pipes  and  the  building  and  repairing  of  sewers  in  said  Diversey 
street,  and  in  regard  to  the  openings  for  the  same. 

All  powers  which  the  city  now  has  in  relation  to  the  water  and 
gas  pipes,  and  sewers  and  their  connecions,  and  the  regulation  of  the 
same,  and  the  openings  for  the  same,  in  the  streets  and  alleys  of  said 
city,  are  hereby  expressly  reserved  as  to  said  part  of  Diversey  street 
in  as  emphatic  a manner  as  if  the  aforesaid  consent  were  not  given. 

•[  2.  Acceptance  of  ordinance.]  § 2.  Said  West  Chicago 
park  commissioners  shall  accept  the  provisions  hereof  within  sixty  (60) 
days  after  the  date  of  the  passage  of  this  ordinance,  otherwise  this  ordi- 
nance shall  be  null  and  void. 

€ 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 


HAMLIN  AVENUE. 

§ 1 12.  Hamlin  avenue. 

IT  i-  Part  of  Hamlin  avenue  granted  to  park  board. 

If  2.  When  in  force. 

An  Ordinance  Granting  Hamlin  Avenue,  from  West  Lake  Street  to  West 
Madison  Street,  to  the  Board  of  West  Chicago  Park  Commissioners,  to 
be  Maintained  as  a Boulevard.  (Passed  July  9,  1894.) 


280  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§§  II3,  114 

1 1.  Part  of  Hamlin  avenue  granted  to  park  board.] 

Whereas,  a petition  has  been  presented  to  the  city  council,  signed  by 
the  owners  of  a majority  of  the  property  fronting  on  Hamlin  avenue, 
between  West  Lake  and  West  Madison  streets,  to  turn  said  Hamlin 
avenue  over  to  the  board  of  West  Chicago  park  commissioners,  to  be 
used  as  and  for  a boulevard;  therefore, 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § i. 

That  Hamlin  avenue,  from  the  south  line  of  West  Lake  street  to  the 
north  line  of  West  Madison  street,  be  and  the  same  is  hereby  delivered 
to  the  board  of  West  Chicago  park  commissioners,  to  be  by  them 
forever  maintained  as  and  for  a boulevard. 

IT  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  effect 
from  and  after  the  time  its  provisions  shall  be  accepted  by  the  board 
of  West  Chicago  park  commissioners. 


JACKSON  STREET. 

§ 1 1 3.  Jackson  street. 

If  1.  Part  of  West  Jackson  street  granted  to  park  board. 

•jt  2.  When  in  force. 

An  Ordinance  Authorizing  tiie  Board  of  West  Park  Commissioners  to  Take, 
Control,  Manage  and  Improve  West  Jackson  Street  from  the  West  Line 
of  South  Halsted  Street  to  the  East  Line  of  Garfield  Park.  (Passed 
October  22,  1888.) 

1”  1.  Part  of  West  Jackson  street  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
the  board  of  west  park  commissioners  be  and  they  are  hereby  au- 
thorized to  take,  improve,  control  and  manage  West  Jackson  street, 
from  the  west  line  of  South  Halsted  street  to  the  east  line  of  Garfield 
park,  and  all  street  intersections  over  said  line,  the  same  as  any  other 
boulevard  now  or  hereafter  by  them  held,  established  or  controlled; 

Provided,  that  the  same  shall  be  held  and  managed  in  accordance 
with  the  statutes  of  the  state  of  Illinois  now  in  force  concerning  such 
boards  in  respect  to  such  boulevards;  and 

Provided,  that  this  ordinance  shall  not  be  a waiver  by  said  city  of 
any  right  or  power  it  now  has  or  hereafter  may  have  in  relation  to  lay- 
ing water  pipes  or  gas  mains  or  pipes,  and  the  building  of  sewers, 
in  said  street,  and  the  regulating,  repairing  and  operating  of  the  same, 
all  such  rights  and  powers  being  hereby  reserved. 

IT  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


§ ”4] 


JACKSON  STREET. 


281 


§ 1 14.  Jackson  street. 

T \ 1.  Part  of  West  Jackson  street  granted  to  park  board, 
if  2.  Limitations  of  grant. 

•f[  3-  Limitation  of  taxation. 

4.  Reservation  of  rights. 

5.  Acceptance  of  grant. 

6.  When  in  force. 

An  Ordinance  to  Enable  the  West  Chicago  Park  Commissioners  to  Take, 
Regulate,  Control  and  Improve  West  Jackson  Street,  from  the  West 
Line  of  Halsted  Street  to  the  West  Line  of  the  Viaduct,  Being  and 
Located  East  of  the  East  Line  of  South  Canal  Street.  (Passed  March 
2,  1896.  Accepted  March  23,  1896.) 

1 1.  Part  of  West  Jackson  street  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago  : § 1.  That, 
whereas,  the  general  assembly  of  the  state  of  Illinois  has  passed  an 
act  entitled  “An  Act  to  enable  park  commissioners  or  park  authorities 
to  take,  regulate,  control  and  improve  public  streets,  and  to  pay  for 
the  improvement  thereof,”  approved  June  21,  1895,  in  force  July  1, 
1895;  and, 

Whereas,  the  board  of  West  Chicago  park  commissioners  are 
about  selecting  and  taking,  for  the  uses  and  purposes  in  said  act  men- 
tioned, that  part  of  West  Jackson  street  extending  from  the  west  line 
of  Halsted  street  to  the  west  line  of  the  viaduct  being  and  located  east 
of  the  east  line  of  South  Canal  street,  in  the  town  of  West  Chicago, 
in  the  city  of  Chicago: 

Now,  therefore,  the  consent  of  the  corporate  authorities  having 
control  of  said  street  be  and  the  same  is  hereby  given  and  granted  to 
the  said  West  Chicago  park  commissioners  to  take,  regulate,  control 
and  improve  the  before  described  part  of  West  Jackson  street,  between 
the  west  line  of  Halsted  street  and  the  west  line  of  the  viaduct  being 
and  located  east  of  the  east  line  of  South  Canal  street,  in  the  town  of 
West  Chicago,  in  the  city  of  Chicago,  in  manner  and  form  provided 
in  said  act  of  the  geenral  assembly,  for  the  purpose  of  extending  West 
Tackson  street  boulevard  to  the  Chicago  river. 

IT  2.  Limitations  of  grant.]  § 2.  It  is  expressly  provided, 
however,  that  while  the  consent  and  authority  of  the  city  is  hereby 
given  to  said  West  Chicago  park  commissioners  to  take,  regulate,  con- 
trol and  improve  said  street  for  boulevard  purposes,  said  West  Chicago 
park  commissioners  shall  permit,  with  reasonable  regulations,  the  use 
of  said  street  hereinbefore  described  for  traffic  teaming  on  said  road- 
way for  the  use  and  benefit  of  the  abutting  owners  of  said  property;, 
any  rule,  regulation  or  ordinance  of  said  West  Chicago  park  commis- 
sioners to  the  contrary  notwithstanding. 

And  provided,  further,  that  this  ordinance  and  the  consent  hereby 
given  is  upon  the  express  condition  precedent  that  said  West  Chicago 
park  commissioners,  or  their  successor  or  successors,  shall  never  grant 
or  permit  the  construction  of  any  track  or  tracks  of  any  kind  in,  along 
or  upon  any  part  of  said  street  hereby  granted. 


282 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  1 1 4 


1 3.  Limitation  of  taxation.]  § 3.  It  is  hereby  expressly 
provided  that  if  said  West  Chicago  park  commissioners  should  at  any 
time  decide  to  levy  a special  assessment  for  the  construction  of  a curb 
and  gutter  and  a pavement  on  said  street,  said  pavement  to  be  of  like 
quality  and  character  with  the  pavement  now  laid  and  constructed  on 
West  Jackson  street  boulevard,  the  amount  of  such  assessment  or  spe- 
cial tax  against  the  abutting  property  for  said  curb  and  gutter  and 
said  pavement  on  said  roadway  shall  not  exceed  one  dollar  per  lineal 
foot  for  each  and  every  lineal  foot  of  land  fronting  and  abutting  on 
said  street  so  to  be  improved,  and  said  West  Chicago  park  commis- 
sioners are  hereby  authorized  to  levy  and  assess  a special  assessment 
or  special  tax  therefor  in  manner  and  form  as  by  said  act  provided. 

T 4.  Reservation  of  rights.]  § 4.  It  is  also  expressly  pro- 
vided that  nothing  in  this  ordinance  contained  shall  be  construed  as  a 
waiver  or  relinquishment  on  the  part  of  said  city  of  any  of  its  rights 
or  powers  in  relation  to  the  laying  of  water  supply  pipes  and  the  build- 
ing and  repairing  of  sewers,  and  the  regulation  of  openings  for  the 
same,  in  said  West  Jackson  street. 

All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipes  and  sewers  and  their  connections,  and  the  regulation  of  the  same 
and  the  openings  of  the  same,  in  the  streets  and  alleys  in  said  street, 
are  hereby  expressly  reserved  to  the  city  as  to  that  part  of  West  Jack- 
son  street  in  as  ample  a manner  as  if  the  aforesaid  consent  were  not 
given. 

And  provided,  further,  that  nothing  in  this  ordinance  contained 
shall  be  construed  as  a waiver  or  relinquishment  on  the  part  of  said 
city  of  any  of  its  rights  in  and  to  any  street  crossings  or  intersections 
which  are  now  or  may  hereafter  be  established  across  said  street  so 
ceded  to  said  West  Chicago  park  commissioners,  and  said  park  com- 
missioners shall  provide  and  maintain  crossings  to  connect  the  traffic 
ways  and  all  other  street  crossings  said  street  so  ceded  as  aforesaid. 

And  it  is  further  expressly  provided  that  nothing  in  this  ordi- 
nance contained  shall  be  construed  as  an  authority  or  consent  to  said 
West  Chicago  park  commissioners  to  permit  or  authorize  the  con- 
struction, use  or  occupancy  by  any  street  railroad,  of  any  kind  what- 
soever, upon  said  part  of  West  Jackson  street  hereinabove  described. 

IT  5.  Acceptance  of  grant.]  § 5.  Unless  said  board  of  West 
Chicago  park  commissioners  shall,  within  three  months  from  the 
approval  hereof,  select,  take  and  add  said  part  of  West  Jackson  street 
aforesaid,  in  manner  and  form  as  by  law  provided,  and  upon  the 
terms  and  conditions  aforesaid,  then  this  ordinance  to  be  of  no  force 
or  effect,  and  the  consent  hereby  given  shall  be  deemed  to  be  with- 
drawn. 

T 6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


KEDZIE  AVENUE. 


283 


5] 


KEDZIE  AVENUE. 

§ 1 15.  Kedzie  avenue. 

1.  Part  of  Kedzie  avenue  granted  to  park  board, 
it  2.  Limitations  of  grant, 
it  3.  Reservation  of  rights, 
it  4.  Cross  streets — rights  reserved, 
it  5-  Limitation  of  taxation, 
it  6.  Acceptance  of  grant, 
it  7.  When  in  force. 

An  Ordinance  Authorizing  the  Board  of  West  Chicago  Park  Commissioners 

to  Take,  Regulate  and  Control  North  Kedzie  Avenue,  from  North 

Avenue  to  Palmer  Square.  (Passed  September  21,  1896.) 

1 1.  Part  of  north  Kedzie  avenue  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago  : § X.  Where- 
as, the  board  of  West  Chicago  park  commissioners  are  about  select- 
ing and  taking,  for  the  uses  and  purposes  mentioned  in  an  act  of  the 
general  assembly  of  the  state  of  Illinois,  approved  April  9,  A.  D.  1879, 
entitled  “An  Act  to  enable  park  commissioners  and  corporate  authori- 
ties to  take,  regulate,  control  and  improve  public  streets  leading  to 
public  parks,  to  pay  for  the  improvement  thereof,  and  in  that  behalf 
to  make  and  collect  a special  assessment,  or  special  tax,  on  contigu- 
ous property,”  and  the  acts  amendatory  thereof,  all  that  part  or  por- 
tion of  North  Kedzie  avenue,  between  North  avenue  and  Paimer 
square;  and  the  consent  of  the  owners  of  a majority  of  the  frontage 
of  the  lots  abutting  on  said  street,  so  far  as  taken  or  proposed  to  be 
taken,  having  been  obtained,  therefore,  consent  is  hereby  given  and 
granted  to  the  said  board  of  West  Chicago  park  commissioners  to 
take,  regulate,  control  and  improve  that  described  part  of  North  Ked- 
zie avenue,  between  North  avenue  and  Palmer  square,  in  manner  and 
for  uses  provided  in  the  said  act  of  the  general  assembly,  as  a park 
driveway  and  for  park  purposes  only.  And  full  power  and  authority 
are  hereby  granted  to  said  board  to  control,  improve  and  maintain 
the  part  of  said  avenue,  so  to  be  taken  as  aforesaid,  for  the  purpose  of 
carrying  out  the  provisions  of  said  act  of  the  geenral  assembly  and 
the  amendments  thereto. 

1”  2.  Limitations  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  board  of 
West  Chicago  park  commissioners  shall  never,  at  any  time  hereafter, 
grant,  permit  or  give  to  any  person,  persons  or  corporation  now  in 
existence  or  that  may  hereafter  b#e  organized  any  permission  or  right 
of  way  to  construct  on  said  boulevard  any  horse,  cable,  steam,  electric 
or  other  railway  of  any  character  or  description  whatever,  whether 
such  railway  is  proposed  to  be  placed  beneath,  on  or  above  the  surface 
of  said  boulevard. 

1"  3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  hereby 
expressly  reserves  the  right  to  lay  under  the  surface  of  said  street 
water,  gas  or  other  pipes,  and  to  build  and  repair  sewers  in  said  north 


284 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


Kedzie  avenue,  to  lay  electric  or  other  wires  and  make  other  under- 
ground improvements  in  the  same  manner  and  to  the  same  extent 
that  said  city  of  Chicago  might  heretofore  have  done. 

1 4.  Cross  streets— rights  reserved.]  § 4.  This  ordinance 
shall  not  be  held  nor  construed  to  in  any  way  surrender  or  abridge 
the  right  of  the  city  of  Chicago  to  control  for  any  purpose  not  incon- 
sistent with  such  use  as  a boulevard  such  portion  of  cross  streets  as 
constitute,  in  common,  a portion  of  such  cross  streets  and  said  North 
Kedzie  avenue. 

IF  5.  Limitation  of  taxation.]  § 5.  The  owners  of  property 
fronting  on  said  North  Kedzie  avenue  shall  never  be  taxed  or  assessed 
for  the  purpose  of  maintaining  said  proposed  boulevard  more  than 
twenty-five  cents  per  front  foot  per  annum. 

T 6.  Acceptance  of  grant.]  § 6.  Unless  said  board  of  West 
Chicago  park  commissioners  shall,  within  thirty  days  after  the  passage 
of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the  said 
parts  of  said  avenue  for  the  purposes  aforesaid,  this  ordinance  shall 
cease  to  be  of  any  force  and  effect,  and  the  consent  given,  by  section 
one  aforesaid,  shall  be  deemed  to  be  withdrawn. 

IF  7.  When  in  force.]  § 7.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


POLK  STREET. 

§ 1 1 6.  Polk  street. 

*\\  1.  Part  of  Polk  street  granted  to  park  board, 
if  2.  Acceptance  of  ordinance. 

3.  When  in  force. 

An  ordinance  granting  to  the  board  of  West  Chicago  park  commissioners  that 
part  of  Polk  street  abutting  Vernon  park.  (Passed  February  26,  1894.  Ac- 
cepted April  13,  1894.) 

IT  1.  Part  of  Polk  street  granted  to  park  board.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago':  § 1.  Whereas, 

the  general  assembly  has  passed  an  act  entitled  “An  Act  to  enable 
park  commissioners  and  corporate  authorities  to  take,  regulate,  control 
and  improve  public  streets  leading  to  public  parks,  to  pay  for  the  im- 
provement thereof,  and  in  that  behalf  make  and  collect  a special  assess- 
ment or  special  tax  upon  contiguous  property,”  approved  April  9, 
1879,  and  as  amended  by  an  act  approved  June  27,  1885,  and  as  further 
amended  by  an  act  approved  Tune  16,  1887;  and, 

Whereas,  the  board  of  West  Chicago  park  commissioners  are 
about  selecting  and  taking,  for  the  uses  and  purposes  in  said  act  men- 


§ ”7] 


RIVERSIDE  BOULEVARD. 


285 


tioned,  that  part  of  Polk  street  abutting  the  wings  of  Vernon  park,  ex- 
tending from  the  west  line  of  Center  avenue  to  the  east  line  of  Loomis 
street,  in  the  city  of  Chicago,  and  the  consent,  in  writing,  of  a ma- 
jority of  the  owners  of  the  frontage  of  the  lots  and  land  abutting 
on  said  Polk  street,  so  far  as  taken  or  proposed  to  be  taken  by  said 
board,  has  been  obtained: 

Now,  therefore,  consent  is  hereby  given  and  granted  to  the  said 
board  of  West  Chicago  park  commissioners  to  take,  regulate,  control 
and  improve  that  before  described  part  of  Polk  street,  between  the  west 
line  of  Center  avenue  and  the  east  line  of  Loomis  street,  upon  the 
terms  and  conditions,  and  subject  to  the  requirements,  in  said  petition 
contained;  Provided,  however,  that  nothing  in  this  ordinance  con- 
tained shall  be  construed  as  a waiver  or  relinquishment  on  the  part 
of  the  said  city  of  any  of  its  rights  or  powers  in  relation  to  the  laying 
of  water  pipes,  and  the  building  and  repairing  of  sewers,  in  said  Polk 
street,  and  regulations  of  openings  for  the  same. 

T 2.  Acceptance  of  ordinance.]  § 2.  The  said  West  Chicago 
park  commissioners  shall  accept  the  provisions  hereof  within  sixty 
days  from  the  approval  thereof,  otherwise  this  ordinance  shall  be  null 
and  void. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


RIVERSIDE  BOULEVARD. 

§ 1 1 7.  Riverside  boulevard. 

1.  Preamble. 

i 2.  Roadway  established  and  dedicated. 

3.  By  city  and  other  owners. 

4.  When  in  force. 

An  ordinance  locating  and  establishing  Riverside  boulevard  and  the  proper 
boundaries  of  the  Gage  farm.  (Passed  February  16,  1891.) 

If  1.  Preamble.]  Whereas,  the  city  of  Chicago  is  the  owner  in 
fee  simple  of  lot  one  (1)  in  the  circuit  court  partition  of  the  west  half 
of  the  northwest  quarter,  and  the  west  half  of  the  southwest  quarter, 
of  section  thirty  (30)  in  township  thirty-nine  (39)  north,  range  thirteen 
(13),  east  of  the  third  principal  meridian,  in  Cook  county,  Illinois,  and 
Tohn  S.  Huey  and  Charles  F.  White  are  the  owners  in  fee  simple  of 
lots  two  (2),  three  (3)  and  four  (4)  in  said  circuit  court  partition;  and, 
whereas,  the  southeasterly  boundary  line  of  said  lot  one  (1)  and  the 
northwesterly  lines  of  said  lots  two  (2),  three  (3)  and  four  (4)  were  in 
and  by  said  partition  established  as  being  the  center  line  of  a road  as 
then  traveled  and  used  and  described  in  said  partition;  and,  whereas, 


286 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  IT7 


the  road,  as  since  laid  out  and  improved  and  now  traveled  and  used  as 
a road,  deviates  from  the  said  road  mentioned  in  said  partition  and  it 
is  deemed  for  the  best  interests  of  the  city  that  proper  measures  be 
taken  to  locate  and  establish  a road,  to  be  known  as  Riverside  boule- 
vard, eighty  (80)  feet  in  width  and  embracing  the  aforesaid  road  as  now 
improved  and  used,  and  that  the  central  line  of  such  road  shall  be 
made  and  established  as  the  dividing  line  between  the  land  so  owned 
by  the  city  of  Chicago,  on  the  north,  and  the  land  owned  by  said  Huey 
and  White,  on  the  south  thereof;  now,  therefore, 

1 2.  Roadway  established  and  dedicated.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § I.  That  the  mavor  and  city 

clerk  of  the  city  of  Chicago  be  and  they  are  hereby  authorized  to  enter 
into  and  execute,  for  and  on  behalf  of  the  city  of  Chicago,  an  agree- 
ment with  the  said  John  S.  Huey  and  Charles  F.  White,  the  owners  of 
said  lots  two  (2),  three  (3)  and  four  (4),  as  aforesaid,  which  shall  pro- 
vide in  substance  that  the  road  or  highway,  eighty  (80)  feet  in  width 
and  located  and  bounded  as  the  same  is  laid  out  and  platted  on  the 
plat  thereof,  made  and  certified  of  the  date  of  January  14,  1891,  by  Emil 
Rudolph,  surveyor,  shall  be  established  and  dedicated  by  the  owners 
thereof  to  public  uses  as  a road  or  highway;  and,  that  the  center  line  of 
such  road  or  highway  shall  be  fixed  and  located  on  the  line  following, 
to  wit:  Commencing  at  a point  in  the  west  line  of  section  thirty  (30), 
township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third 
principal  meridian,  in  said  county  of  Cook  and  state  of  Illinois,  and 
being  seven  hundred  sixty-nine  and  seven-twelfths  (£69  7-12)  feet  south 
of  a stone  placed  at  the  southwest  corner  of  the  northwest  quarter  of 
said  section;  thence  running  north  55  deg.  14  sec.  east,  a distance  of 
six  hundred  and  fifty-three  feet  and  ten  and  three-fourths  (ioj4)  inches 
to  an  iron  spike;  thence  north  31  deg.  49  sec.  east,  a distance  of  four 
hundred  and  fifty-eight  (458)  feet  and  nine  and  five-eights  (9 £4)  inches, 
more  or  less,  to  an  iron  spike  placed  at  the  intersection  of  such  line 
with  the  line  dividing  the  north  half  and  south  half  of  said  section; 
thence  north  54  deg.  46  sec.  east,  a distance  of  three  hundred  and  forty- 
eight  (348)  feet  two  (2)  inches,  to  an  iron  spike;  thence  north  48  deg. 
13  sec.  east,  a distance  of  four  hundred  and  fifty-five  (455)  feet  nine  (9) 
inches,  more  or  less,  to  an  iron  spike  placed  at  the  intersection  of  said 
line  with  the  east  line  of  the  west  half  of  the  west  half  of  said  section 
thirty  (30),  said  point  being  five  hundred  and  ten  (510)  feet  and  six 
and  five-eighths  (654)  inches,  more  or  less,  north  of  a stone  fixed  at  the 
southeast  corner  of  the  southwest  quarter  of  the  northwest  quarter  of 
said  section  thirty  (30).  Said  road  so  to  be  established  to  embrace 
forty  (40)  feet  in  width  on  each  side  of  said  center  line. 

1 3.  Mutual  conveyances  by  city  and  other  owners.]  § 2. 
After  the  said  road  or  highway,  to  be  known  as  Riverside  boulevard, 
shall  have  been  established  and  dedicated  to  public  uses,  as  contem- 
plated in  section  one  hereof,  the  mayor  and  city  clerk  of  the  city  of 
Chicago  shall  be  and  they  are  hereby  authorized  and  empowered,  for 


§ n8] 


shedd’s  park. 


287 


and  in  behalf  of  the  city  of  Chicago,  to  convey  by  quitclaim  deed,  or 
deeds,  to  said  John  S.  Huey  and  Charles  F.  White,  all  the  right,  title 
and  interest  of  the  city  of  Chicago  in  and  to  all  such  portions  of  lot 
one  (i)  in  the  circuit  court  partition,  in  section  one  hereof  described, 
as  may  lie  south  of  the  center  line  of  such  Riverside  boulevard,  so  laid 
out  as  described  in  section  one  hereof,  upon  condition  that  there  shall 
be  conveyed  at  the  same  time  to  the  city  of  Chicago,  by  the  proper 
owners  thereof,  all  the  right,  title  and  interest  of  such  owners  in  and  to 
so  much  of  said  lots  two  (2J,  three  (3)  and  four  (4)  in  the  circuit  court 
partition,  in  section  one  hereof  described,  as  may  lie  north  of  the  center 
line  of  such  Riverside  boulevard,  so  laid  out  as  described  in  section  one 
hereof. 

4.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


SHEDD’S  PARK. 

§ 1 1 8.  Shedd’s  park. 

Tf  1.  Preamble. 

2.  Packard’s  right  of  way  defined. 

An  ordinance  defining  the  easement  of  Edgar  D.  Packard  across  Shedd’s  park. 

(Passed  June  8,  1887.) 

IT  1.  Preamble.]  Whereas,  Edgar  D.  Packard,  is  the  owner  of 
lot  one  in  Shedd’s  park,  together  with  an  easement  over  and  across 
said  park,  from  Lawndale  avenue  to  Millard  avenue,  for  the  use  of 
pedestrians  ,and  vehicles  drawn  by  animal  power  and  for  no  other 
use  or  purpose  whatsoever,  which  said  easement  is  defined  of  record 
as  a “reasonable  and  convenient”  right  of  way,  etc. ; and, 

Whereas,  said  Packard  and  the  citizens  of  the  locality  of  said 
Shedd’s  park  desire  to  have  the  dimensions  of  said  easement  defined 
and  restricted;  therefore, 

T 2.  Packard’s  right  of  way  defined.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  the  easement  of  Edgar 
D.  Packard  across  Shedd’s  park,  and  described  in  the  deed  of  John  G. 
Shedd  to  said  Packard,  dated  September  14th,  1885,  as  a “reasonable 
and  convenient”  right  of  way,  be  and  the  same  hereby  is  defined  to  be 
a right  of  way  thirty  feet  in  width,  extending  from  Lawndale  avenue 
to  Millard  avenue,  along  and  adjacent  to  the  south  line  of  lot  one  in 
said  park,  for  the  use  of  pedestrians  and  vehicles  drawn  or  propelled 
by  animal  power,  and  for  no  other  use  or  purpose  whatsoever.  And 
said  Packard  is  hereby  authorized  to  lay  out  said  right  of  way  in  ac- 
cordance herewith,  under  the  direction  of  the  commissioner  of  public 
works. 


288 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§§  lip,  120 


§ 1 19.  Shedd’s  park. 

Tf  1.  Preamble. 

If  2.  Granted  to  park  board. 

IT  3-  Limitation  of  use. 

IT  4*  Acceptance  of  ordinance. 

An  ordinance  authorizing  the  West  Chicago  park  commissioners  toTtake  and 
improve  Shedd’s  park.  (Passed  January  21,  1889.) 

T 1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Whereas,  the  West  Chicago  park  commissioners 

are  desirous  of  taking  charge  of  and  improving  Shedd’s  park,  at  their 
own  charge  and  expense,  and  without  cost,  charge  or  expense  to  the 
city  of  Chicago: 

1 2.  Shedd’s  park  granted  to  park  board.]  § 2.  Therefore, 
for  the  purpose  aforesaid,  authority  is  hereby  given  to  the  West  Chi- 
cago  park  commissioners  to  take  charge  of  and  improve  and  maintain 
said  Shedd’s  park,  under  such  plans  and  in  such  manner  as  shall  be 
approved  by  them;  and  to  that  end  the  management  and  control  of 
said  park  is  hereby  surrendered  to  the  said  West  Chicago  park  com- 
missioners; Provided,  the  said  park  commissioners  shall  improve, 
maintain  and  keep  in  good  repair  said  “Shedd’s  park,”  otherwise  the 
control  of  said  “Shedd’s  park”  shall  revert  back  to  the  city  of  Chicago. 

T 3.  Limitation  of  use.]  § 3.  Nothing  herein  cantained  shall 
authorize  said  West  Chicago  park  commissioners,  or  any  person,  to 
alter,  change  or  use  said  “Shedd’s  park”  for  any  other  or  different  pur- 
pose than  for  that  which  said  “Shedd’s  park”  was  dedicated. 

T 4.  Acceptance  of  ordinance.]  § 4.  The  said  West  Chicago 
park  commissioners  shall  accept  the  provisions  hereof  within  thirty 
days  from  the  passage  of  this  ordinance,  otherwise  this  ordinance 
shall  be  null  and  void. 


OAKLEY  AVENUE,  ETC. 

§ 120.  Oakley  avenue. 

1.  Parts  of  sundry  streets  granted  to  park  board. 

TT  2.  Limitation  of  grant. 

3.  Reservation  of  rights. 

4.  Cross  streets — rights  reserved. 

If  5.  Acceptance  of  grant. 

*[]  6.  When  in  force. 

An  ordinance  authorizing  the  board  of  West  Chicago  park  commissioners  to 
take,  regulate  and  control  parts  of  South  Oakley  avenue,  Woodbine  place 
and  Evergreen  place.  (Passed  July  27,  1896.) 

T 1.  Parts  of  sundry  streets  granted  to  park  board.]  Be  it 


§ I2°] 


OAKLEY  AVENUE,  ETC. 


289 


ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  Whereas, 

the  board  of  West  Chicago  park  commissioners  are  about  selecting 
and  taking,  for  the  uses  and  purposes  mentioned  in  an  act  of  the  gen- 
eral assembly  of  the  state  of  Illinois,  entitled  “An  Act  to  enable  park 
commissioners  or  park  authorities  to  take,  regulate,  control  and  im- 
prove public  streets,  and  to  pay  for  the  improvement  thereof,”  ap- 
proved June  2i,  1895,  in  force  July  1,  1895,  all  that  portion  or  part 
of  South  Oakley  avenue,  from  the  south  line  of  Washington  boule- 
vard to  the  north  line  of  12th  street  and  Ogden  avenue  boulevard, 
and  also  Campbell  park,  to-wit:  Woodbine  place  and  Evergreen 

place,  from  the  west  line  of  South  Leavitt  street  to  the  east  line  of 
South  Oakley  avenue;  and  the  consent  of  the  owners  of  a majority  of 
the  frontage  of  the  lots  abutting  on  said  streets,  so  far  as  taken  or  pro- 
posed to  be  taken,  having  been  obtained,  therefore,  consent  is  hereby 
given  and  granted  to  the  said  board  of  West  Chicago  park  commis- 
sioners to  take,  regulate,  control  and  improve  that  described  part  of 
South  Oakley  avenue,  Woodbine  place  and  Evergreen  place  in  man- 
ner and  for  uses  provided  in  the  said  act  of  the  general  assembly,  as 
a park  driveway  and  for  park  purposes  only.  And  full  power  and  au- 
thority are  hereby  granted  to  said  board  to  control,  improve  and  main- 
tain the  part  of  said  avenue  and  places  as  aforesaid,  so  to  be  taken  as 
aforesaid,  for  the  purpose  of  carrying  out  the  provisions  of  said  act 
of  the  general  assembly. 

1"  2.  Limitation  of  grant.]  § 2.  The  permission  hereby 
given  is  granted  only  upon  the  express  condition  that  said  board  of 
West  Chicago  park  commissioners  shall  never,  at  any  time  hereafter, 
grant,  permit,  or  give  to  any  person,  persons  or  corporation  now  in 
existence,  or  that  may  hereafter  be  organized,  any  permission  or  right 
of  way  to  construct  on  said  boulevard  any  horse,  cable,  steam,  electric 
or  other  railway  of  any  character  or  description  whatever,  whether 
such  railway  is  proposed  to  be  placed  beneath,  on,  or  above  the  sur- 
face of  said  boulevard. 

IT  3.  Reservation  of  rights.]  § 3.  The  city  of  Chicago  here- 
by expressly  reserves  the  right  to  lay  under  the  surface  of  said  street, 
water,  gas  or  other  pipes,  and  to  build  and  repair  sewers  in  said  South 
Oakley  avenue,  Woodbine  place  and  Evergreen  place,  to  lay  electric 
or  other  wires  and  make  other  underground  improvements  in  the  same 
manner  and  to  the  same  extent  that  said  city  of  Chicago  might  here- 
tofore have  done. 

1 4.  Cross  streets — rights  reserved.]  § 4.  This  ordinance 
shall  not  be  held  or  construed  to  in  any  way  surrender  or  abridge  the 
right  of  the  city  of  Chicago  to  control  for  any  purpose  not  inconsistent 
with  such  use  as  a boulevard  such  portions  of  cross  streets  as  consti- 
tute, in  common,  a portion  of  such  cross  streets  and  said  South  Oak- 
ley avenue. 

1"  5.  Acceptance  of  grant.]  § 5.  Unless  said  board  of  West 

19 


290 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


Chicago  park  commissioners  shall,  within  ninety  (90)  days  after  the 
passage  of  this  ordinance,  by  the  vote  of  said  board,  select  and  take  the 
said  parts  of  said  avenue  for  the  purposes  aforesaid,  this  ordinance 
shall  cease  to  be  of  any  force  and  effect  and  the  consent  given,  by  sec- 
tion 1 aforesaid,  shall  be  deemed  to  be  withdrawn. 

T'  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


TWELFTH  STREET  AND  OGDEN  AVENUE. 

§ 1 2 1.  Twelfth  street  and  Ogden  avenue. 

1.  Preamble. 

- | 2.  Part  of  Twelfth  street  and  Ogden  avenue  granted  to  park  board, 

if  3.  Acceptance  of  grant — rights  reserved, 
it  4.  When  in  force. 

An  ordinance  authorizing  the  board  of  West  Chicago  park  commissioners  to 
take,  regulate,  control  and  improve  a part  of  the  center  of  West  Twelfth 
street,  from  the  east  line  of  Ashland  avenue  to  the  westerly  line  of  Ogden 
avenue;  and  of  Ogden  avenue,  from  the  north  line  of  West  Twelfth  street 
to  the  west  line  of  California  avenue ; and  Ogden  avenue,  from  the  west 
line  of  California  avenue  to  the  east  line  of  Albany  avenue.  (Passed  Janu- 
ary 17,  1887.  Accepted  January  31,  1887.) 

IT  1,  Preamble.]  Whereas,  the  owners  of  a majority  of  the 
frontage  of  the  lots  and  lands  abutting  on  that  part  of  West  Twelfth 
street  and  Ogden  avenue  above  described  have  petitioned  the  board  of 
West  Chicago  park  commissioners  to,  and  consented  in  writing  that 
said  board  may,  select  and  take  a part  of  the  center  of  said  streets  not 
exceeding  seventy  (70)  feet  in  width,  and  make  of  the  same  a boule- 
vard to  connect  the  city  of  Chicago  with  Douglas  park;  and, 

Whereas,  it  is  deemed  desirable  that  the  prayer  of  said  petition 
be  granted. 

T 2.  Part  of  Twelfth  street  and  Ogden  avenue  granted  to 
park  board.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago1 § 1.  That,  whereas,  the  general  assembly  of  the  state  of  Illi- 
nois passed  an  act,  which  was  duly  approved  June  27th,  A.  D.  1885, 
entitled  “An  act  to  amend  sections  one  (1)  and  two  (2)  of  an  act  en- 
titled ‘An  act  to  enable  park  commissioners  or  corporate  authorities  to 
take,  regulate,  control  and  improve  public  streets  leading  to  public 
parks,  to  pay  for  the  improvement  thereof,  and  in  that  behalf  to  make 
and  collect  a special  assessment  or  special  tax  on  contiguous  prop- 
erty/ ” approved  and  in  force  April  9,  A.  D.  1870;  and, 

Whereas,  the  board  of  West  Chicago  park  commissioners  are 
about  selecting  and  taking,  for  the  uses  and  purposes  aforesaid  and  in 
said  act  mentioned,  a part  of  the  center  of  that  part  of  West  Twelfth 


§ I21] 


TWELFTH  STREET  AND  OGDEN  AVENUE. 


291 


street  lying  between  the  east  line  of  Ashland  avenue  and  the  westerly 
line  of  Ogden  avenue,  and  a part  of  the  center  of  that  part  of  Ogden 
avenue  lying  between  the  north  line  of  West  Twelfth  street  and  the 
west  line  of  California  avenue,  and  Ogden  avenue  lying  between  the 
west  line  of  California  avenue  and  the  east  line  of  Albany  avenue,  all 
situate  within  the  corporate  limits  of  the  city  of  Chicago,  and  the  con- 
sent, in  writing,  of  the  owners  of  a majority  of  the  frontage  of  the  lots 
and  lands  abutting  on  such  streets,  so  far  as  proposed  to  be  taken  by 
such  board,  having  been  given : 

Now,  therefore,  consent  is  hereby  given  and  granted  to  the  said 
board  of  West  Chicago  park  commissioners  to  take,  regulate,  control 
and  improve  the  center  seventy  (70)  feet  of  that  part  of  West  Twelfth 
street  lying  betwetn  the  east  line  of  Ashland  avenue  and  the  westerly 
line  of  Ogden  avenue,  and  the  center  seventy  (70)  feet  of  that  part  of 
Ogden  avenue  lying  between  the  north  line  of  West  Twelfth  street  an4 
the  west  line  of  California  avenue,  and  Ogden  avenue  lying  between 
the  west  line  of  California  avenue  and  the  east  line  of  Albany  avenue. 

Provided,  that  said  board  shall  set  apart  not  less  than  sixty-six 
(66)  feet  of  said  Ogden  avenue  between  the  points  last  named,  for  street 
cars  and  general  traffic  purposes,  for  the  purpose  of  connecting  the  said  < 
city  of  Chicago  with  Douglas  park  in  manner  and  form  as  provided  in 
and  by  said  act  of  the  general  assembly; 

Provided,  however,  that  nothing  in  this  ordinance  shall  be  con- 
strued as  a waiver  or  relinquishment  on  the  part  of  said  city  of  any  of 
its  rights  or  powers  in  relation  to  the  laying  of  water  pipes,  and  the 
building  and  repairing  of  sewers,  in  said  streets,  and  the  regulating  of 
openings  for  the  same. 

All  powers  which  the  city  now  has  in  relation  to  water  and  gas 
pipes  and  sewers  and  their  connections,  and  the  regulation  of  the  same, 
and  the  opening  of  the  same,  in  the  streets  and  alleys  of  the  said  city, 
are  hereby  expressly  reserved  as  to  the  said  part  of  said  streets  in  as 
ample  a manner  as  if  the  aforesaid  consent  was  not  given. 

1"  3.  Acceptance  of  grant — rights  reserved.]  § 2.  Unless 
the  said  board  shall,  within  one  year  from  the  approval  hereof,  select 
and  take  the  said  part  of  said  streets  for  the  purpose  aforesaid,  and 
upon  the  terms  and  conditions  aforesaid,  this  ordinance  shall  cease  to 
be  of  any  force  or  effect,  and  the  consent  hereby  given  shall  be  deemed 
to  be  withdrawn. 

And  provided,  further,  that  nothing  in  this  ordinance  contained 
shall  be  construed  as  a waiver  or  relinquishment  on  the  part  of  said  city 
of  any  of  its  rights  in  and  to  any  street  crossings  or  intersections  which 
are  now  or  may  hereafter  be  established  across  said  seventy  (70)  feet 
so  ceded  to  said  board  of  West  Chicago  park  commissioners,  and  that 
said  board  shall  provide  and  maintain  crossings  of  not  less  than  forty 
(40)  feet  in  width  across  said  seventy  (70)  feet,  to  connect  the  traffic- 
ways  on  either  side  of  said  seventy  (70)  feet,  in  the  middle  of  blocks 
six  hundred  feet  or  more  in  length. 


292 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  122 


And  be  it  further  provided  that  said  board  of  West  Chicago  park 
commissioners  shall  not  construct  or  allow  to  be  constructed,  upon  or 
over  said  seventy  (70)  feet  so  granted,  any  bridge  or  viaduct,  except  by 
and  with  the  consent  of  this  council. 

1 4.  When  in  force.]  | § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


UNION  AND  JEFFERSON  PARKS. 

§ 122.  Union  and  Jefferson  parks. 

% 1.  Preamble. 

IT  2.  Granted  to  park  board. 

•ft  3.  Limitation  of  use. 

•jf  4.  Acceptance  of  ordinance. 

An  ordinance  authorizing  the  West  Chicago  park  commissioners  to  take  and  im- 
prove Union  and  Jefferson  parks.  Passed  October  9,  1885.  Accepted 
October  12,  1885.) 

f 1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago : § 1.  Whereas,  the  West  Chicago  park  commis- 

sioners are  desirous  of  taking  charge  of  and  improving  “Union 
and  Jefferson  parks”  at  their  own  charge  and  expense,  and  with- 
out cost,  charge  or  expense  to  the  city  of  Chicago : 

1 2.  Union  and  Jefferson  parks  granted  to  park  board.] 
§ 2.  Therefore,  for  the  purpose  aforesaid,  authority  is  hereby  given 
to  the  said  West  Chicago  park  commissioners  to  take  charge  of  and 
improve  and  maintain  said  “Union  and  Jefferson  parks,”  under  such 
plans  and  in  such  manner  as  shall  be  approved  by  them,  and  to  that 
end  the  management  and  control  of  said  parks  is  hereby  surrendered 
to  the  said  West  Chicago  park  commissioners;  Provided,  the  said 
park  commissioners  shall  improve,  maintain  and  keep  in  good  repair 
said  “Union  and  Jefferson  parks,”  otherwise  the  control  of  said  “Union 
and  Jefferson  parks”  shall  revert  back  to  the  city  of  Chicago. 

3.  Limitation  of  use.]  § 3.  Nothing  herein  contained 
shall  authorize  said  West  Chicago  park  commissioners,  or  any  person, 
to  alter,  change  or  use  said  “Union  and  Jefferson  parks”  for  any  other 
or  different  purpose  than  that  for  which  said  “Union  and  Jefferson 
parks”  were  dedicated. 

f 4.  Acceptance  of  ordinance.]  § 4.  The  said  West  Chicago 
park  commissioners  shall  accept  the  provisions  hereof  within  thirty 
days  from  date,  otherwise  this  ordinance  shall  be  null  and  void. 


§§  I23>  124] 


WARREN  AVENUE,  ETC. 


293 


VERNON  PARK. 

§ 123.  Vernon  park. 

If  1.  Preamble. 

if  2.  Granted  to  park  board. 

3.  Limitation  of  use. 

IF  4.  Acceptance,  of  ordinance. 

An  ordinance  authorizing  the  West  Chicago  park  commissioners  to  take  and  im- 
prove Vernon  park.  (Passed  October  12,  1885.  Accepted  November  9, 

1885.) 

T 1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Whereas,  the  West  Chicago  park  commissioners 

are  desirous  of  taking  charge  of  and  improving  “Vernon  park/’  at  their 
own  charge  and  expense,  and  without  cost,  charge  or  expense  to  the 
city  of  Chicago: 

1 2.  Vernon  park  granted  to  park  board,]  § 2.  Therefore, 
for  the  purpose  aforesaid,  authority  is  hereby  given  to  the  said  West 
Chicago  park  commissioners  to  take  charge  of  and  improve  and  main- 
tain said  “Vernon  park,”  under  such  plans  and  in  such  manner  as 
shall  be  approved  by  them,  and  to  that  end  the  management  and  con- 
trol of  said  park  is  hereby  surrendered  to  the  said  West  Chicago  park 
commissioners;  Provided,  the  said  park  commissioners  shall  improve, 
maintain  and  keep  in  good  repair  said  “Vernon  park,”  otherwise  the 
control  of  said  “Vernon  park”  shall  revert  back  to  the  city  of  Chicago. 

1 3.  Limitation  of  use.]  § 3.  Nothing  herein  contained 
shall  authorize  said  West  Chicago  park  commissioners,  or  any  person, 
to  alter,  change  or  use  said  “Vernon  park”  for  any  other  or  different 
purpose  than  for  that  which  said  “Vernon  park”  was  dedicated. 

1"  4.  Acceptance  of  ordinance.]  § 4.  The  said  West  Chi- 
cago park  commissioners  shall  accept  the  provisions  hereof  within 
thirty  days  from  date,  otherwise  this  ordinance  shall  be  null  and  void. 


WARREN  AVENUE,  ETC. 

§ 124.  Warren  avenue. 

IF  1.  Parts  of  sundry  streets  granted  to  park  board. 

TF  2.  When  in  force. 

An  ordinance  authorizing  the  board  of  west  park  commissioners  to  take,  control, 
manage  and  improve,  as  a driveway  or  boulevard,  Warren  avenue,  from  the 
west  line  of  Garfield  park  to  West  Fortieth  street,  and  West  Washington 
street,  from  West  Fortieth  street  to  West  Forty-eighth  street,  and  so  much 
of  West  Fortieth  street  as  will  connect  said  Warren  avenue  and  West  Wash- 
ington street.  (Passed  January  16,  1890.)  j 


294 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


f 1.  Parts  of  sundry  streets  granted  to  park  board.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That  the 

board  of  West  park  commissioners  be  and  they  are  hereby  authorized 
to  take,  improve,  control  and  manage  Warren  avenue,  from  the  west 
line  of  Garfield  park  to  West  Fortieth  street,  and  that  portion  of  West 
Washington  street  lying  between  said  West  Fortieth  street  and  West 
Forty-eighth  street,  and  also  so  much  of  said  West  Fortieth  street  as 
will  connect  said  portions  of  Warren  avenue  and  West  Washington 
street,  and  all  street  intersections  over  the  lines  of  said  Warren  avenue 
and  West  Washington  street,  as  a driveway  or  boulevard,  the  same 
as  any  other  driveway  or  boulevard  now  or  hereafter  by  them  held, 
established  or  controlled;  Provided,  that  the  same  shall  be  held  and 
managed  in  accordance  with  the  statutes  of  the  state  of  Illinois  now  in 
force  concerning  such  boards  in  respect  to  such  driveways  or  boule- 
vards; and  provided,  further,  that  this  ordinance  shall  not  be  a waiver 
by  said  city  of  any  right  or  power  it  now  has  or  hereafter  may  have 
in  relation  to  laying  water  pipes  or  gas  mains  or  pipes,  and  the  build- 
ing of  sewers,  in  said  streets,  and  the  regulating,  repairing  and  operat- 
ing of  the  same,  all  such  rights  and  powers  being  hereby  reserved. 

1"  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 125.  Warren  avenue. 

If  1.  Part  of  Warren  avenue,  etc.,  granted  to  park  board. 

^f  2.  When  in  force. 

An  ordinance  authorizing  the  board  of  West  Chicago  park  commissioners  to 
take,  control,  manage  and  improve  as  a driveway  or  boulevard  that  portion 
of  Warren  avenue  from  the  west  line  of  Garfield  park  to  West  Fortieth 
street,  and  also  that  portion  of  West  Fortieth  street  from  the  south  line  of 
Warren  avenue  produced  to  the  north  line  of  Washington  street  produced ; 
also  that  portion  of  West  Washington  street  from  the  east  line  of  West 
Fortieth  street  to  the  center  of  West  Fifty-second  street.  (Passed  October 
12,  1891.)  # 

T 1.  Part  of  Warren  avenue,  etc.,  granted  to  park  board.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
the  board  of  West  Chicago  park  commissioners  be,  and  they  are  here- 
by, authorized  to  take,  improve,  control  and  maintain  that  portion 
of  Warren  avenue  from  the  west  lines  of  Garfield  park  to  the  west  line 
of  Fortieth  street,  and  also  that  portion  of  West  Fortieth  street  from 
the  south  line  of  Warren  avenue  produced  west  to  the  north  line  of 
West  Washington  street  produced  east;  also  that  portion  of  West 
Washington  street  from  the  east  line  of  West  Fortieth  street  to  the 
center  of  Fifty-second  street,  being  the  western  boundary  line  of  the 
city  limits  of  the  city  of  Chicago;  and  all  street  intersections  over  the 
lines  of  said  Warren  avenue,  West  Fortieth  street  and  West  Washing- 
ton street,  between  the  west  line  of  Garfield  park  and  the  center  line 
of  said  West  Fifty-second  street,  as  a driveway  or  boulevard,  the  same 
as  any  other  driveway  or  boulevard  now  or  hereafter  by  them  held,  or 


126] 


WEST  WASHINGTON  STREET. 


295 


to  be  held,  established,  maintained  or  controlled;  Provided,  that  the 
same  shall  be  held  and  managed  in  accordance  with  the  statutes  of 
the  state  of  Illinois  now  in  force  concerning  such  boards  of  park  com- 
missioners in  respect  to  such  driveways  or  boulevards;  and  provided, 
further,  that  this  ordinance  shall  not  be  a waiver  by  the  city  of  Chi- 
cago of  any  right  or  power  it  now  has  or  hereafter  may  have  in  rela- 
tion to  laying  water  pipes  or  gas  mains  or  pipes  and  the  building  of 
sewers  in  said  streets,  and  the  regulating,  repairing  and  operating  of 
the  same,  but  all  such  rights  and  powers  are  hereby  reserved  to  said 
city  of  Chicago. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


WEST  WASHINGTON  STREET. 

§ 126.  West  Washington  street. 

1.  Part  of  Washington  street  granted  to  park  board. 

2.  Acceptance  of  grant. 

3.  When  in  force. 

An  ordinance  consenting  that  the  board  of  west  park  commissioners  may  take, 
regulate,  control  and  improve  a certain  part  of  West  Washington  street,  from 
the  west  line  of  Halsted  street  to  Central  park.  (Passed  September  29, 
1879.) 

11.  Part  of  Washington  street  granted  to  park  board.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That, 

whereas  the  general  assembly  has  passed  a certain  act,  which  was  duly 
approved  April  9,  A.  D.  1879,  an^  which,  with  the  title  thereto,  is  in 
the  words  and  figures  following:  “An  act  to  enable  park  commission- 
ers and  corporate  authorities  to  take,  regulate,  control  and  improve 
public  streets  leading  to  public  parks,  to  pay  for  the  improvement 
thereof,  and  in  that  behalf  to  make  and  collect  a special  assessment 
or  special  tax  on  contiguous  property.” 

Be  it  enacted  by  the  people  of  the  state  of  Illinois,  represented  in 
the  general  assembly.  § 1.  That  every  board  of  park  commission- 
ers shall  have  power  to  connect  any  public  park,  boulevard  or  drive- 
way under  its  control  with  any  part  of  any  incorporate  city,  town  or 
village,  by  selecting  and  taking  any  connecting  street  or  streets,  or 
part  thereof,  leading  to  such  park. 

Provided,  that  the  .streets  so  selected  and  taken,  so  far  as  taken, 
shall  be  within  the  district  or  territory  the  property  of  which  shall  be 
taxable  for-the  maintenance  of  such  park;  and  provided,  further,  that 
the  consent  of  the  corporate  authorities  having  control  of  any  such 
street  or  streets,  so  far  as  selected  and  taken,  and  also  the  consent,  in 


296 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  126 


writing,  of  the  owners  of  a majority  of  the  frontage  of  the  lots  and 
lands  abutting  on  such  street  or  streets,  so  far  as  taken,  shall  be  first 
obtained;  and  provided,  further,  that  such  connection  or  improvement 
shall  embrace  only  such  street  or  streets  as  are  necessary  to  form  one 
continuous  improvement. 

§ 2.  That  such  board  of  park  commissioners,  or  such  corporate 
authorities  as  are  by  law  authorized  to  levy  taxes  or  assessments  for 
the  maintenance  of  such  parks,  shall  have  power  to  improve  such  street 
or  streets  in  such  manner  as  they  may  deem  best;  and  for  that  pur- 
pose they  are  hereby  authorized  to  pay  for  the  improvement  thereof, 
and  from  time  to  time  to  levy  or  cause  to  be  levied  and  collected  a 
special  tax  or  assessment  on  contiguous  property  abutting  upon  such 
street  so  improved,  for  a sum  of  money  not  exceeding  the  estimated 
cost  of  such  first  improvement  or  improvements  as  shall  be  ordered 
and  estimated  by  such  board  of  park  commissioners,  but  not  for  any 
subsequent  repair  thereof.  And  to  that  end  such  board  of  corporate 
authorities  shall  have  all  the  power  and  authority  now  or  hereafter 
granted  to  them,  respectively,  relative  to  the  levy,  assessment  and  col- 
lection of  taxes  or  assessments  for  corporate  purposes.  And  such  spe- 
cial taxes  or  assessments  as  are  hereby  authorized  may  be  divided  into 
not  exceeding  four  annual  installments,  bearing  interest  at  the  rate  of 
six  per  cent  per  annum  from  the  date  of  confirmation  until  paid. 
And  the  said  assessment  or  installment  thereof  shall  be  collected  and 
enforced  in  the  same  manner  as  is  provided  by  law  for  the  collection 
and  enforcement  of  other  taxes  as  aforesaid,  so  far  as  the  same  are 
applicable. 

§ 3.  Such  park  boards  shall  have  the  same  power  and  control 
over  the  parts  of  streets  taken  under  this  act  as  are  or  may  be  by  law 
vested  in  them  of  and  concerning  the  parks,  boulevards  or  driveways 
under  their  control. 

§ 4.  In  case  any  such  street,  or  parts  thereof,  shall  pass  from  the 
control  of  any  such  park  board,  the  power  and  authority  over  the 
same,  granted  or  authorized  by  this  act,  shall  revert  to  the  proper  cor- 
porate authorities  of  such  city,  town  or  village,  respectively,  as  afore- 
said. 

§ 5.  Any  city,  town  or  village  in  this  state  shall  have  full  power 
and  authority  to  invest  any  of  such  park  boards  with  the  right  to  con- 
trol, improve  and  maintain  any  of  the  streets  of  such  city,  town  or  vil- 
lage, for  the  purpose  of  carrying  out  the  provisions  of  this  act. 

§ 6.  Whereas,  there  is  a necessity  for  the  immediate  construc- 
tion of  the  improvements  contemplated  in  this  act,  therefore  an  emer- 
gency exists,  and  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage.  Approved  April  9,  1879.  And, 

Whereas,  the  board  of  west  park  commissioners  are  about  select- 
ing and  taking,  for  the  uses  and  purposes  in  the  said  act  mentioned, 
that  part  of  West  Washington  street  extending  from  the  west  line  of 
Halsted  street  to  Central  park,  and  the  consent,  in  writing,  of  the  own- 


127] 


WICKER  PARK. 


297 


ers  of  a majority  of  the  frontage  of  the  lots  and  lands  abutting  on  said 
streets,  so  far  as  taken  or  proposed  to  be  taken  by  said  board,  having 
been  obtained,  consent  is  hereby  given  and  granted  to  the  said  board 
of  west  park  commissioners  to  take,  regulate,  control  and  improve 
the  before  described  parts  of  West  Washington  street,  respectively,  in 
manner  and  form  provided  in  the  said  act  of  the  general  assembly. 
And  full  power  and  authority  is  hereby  granted  to  said  board  of  park 
commissioners  to  control,  improve  and  maintain  the  parts  of  said 
street,  so  to  be  taken  as  aforesaid,  for  the  purpose  of  carrying  out  the 
provisions  of  the  said  act  of  the  general  assembly. 

Provided,  however,  that  nothing  in  this  ordinance  contained  shall 
be  construed  as  a waiver  or  relinquishment  by  or  on  the  part  of  said 
city  of  any  of  its  rights  or  powers  in  relation  to  the  laying  of  water  or 
gas  mains  and  pipes,  and  the  building  and  repairing  of  sewers  in  said 
streets,  and  the  regulating  of  openings  for  the  same.  All  powers  which 
said  city  now  has  in  relation  to  water  and  gas  pipes  and  sewers  and 
their  connections,  and  the  regulation  of  the  same  and  the  openings  for 
the  same  in  streets  and  alleys  of  said  city,  being  hereby  expressly  re- 
served as  to  the  said  part  of  West  Washington  street  in  as  ample  a 
manner  as  if  the  aforesaid  consent  were  not  given. 

T 2.  Acceptance  of  grant.]  § 2.  Unless  the  said  board  of 
park  commissioners  shall,  within  thirty  days  from  the  approval  hereof, 
select  and  take  the  said  parts  of  streets  for  the  purposes  aforesaid,  this 
ordinance  shall  cease  to  be  of  any  force  or  effect,  and  the  consent  given 
by  section  one  aforesaid  shall  be  deemed  to  be  withdrawn. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


WICKER  PARK. 

§ 127.  Wicker  park. 

1.  Preamble. 

2.  Granted  to  park  board. 

Tf  3.  Limitation  of  use. 

■if  4.  Acceptance  of  grant. 

An  ordinance  authorizing  the  West  Chicago  park  commissioners  to  take,  improve 
and  maintain  Wicker  park.  (Passed  October  26,  1885.  Accepted  November 
9,  1885.) 

1"  1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Whereas,  the  West  Chicago  park  commissioners 

are  desirous  of  taking  charge  of  and  improving  “Wicker  park/’  at 
their  own  charge  and  expense,  and  without  cost,  charge  or  expense  to 
the  city  of  Chicago: 


298 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§128 


T 2.  Wicker  park  granted  to  park  board.]  § 2.  There- 
fore, for  the  purpose  aforesaid,  authority  is  hereby  given  to  the  said 
West  Chicago  park  commissioners  to  take  charge  of  and  improve  and 
maintain  said  “Wicker  park”  under  such  plans  and  in  such  manner  as 
shall  be  approved  by  them,  and  to  that  end  the  management  and  con- 
trol of  said  park  is  hereby  surrendered  to  the  said  West  Chicago  park 
commissioners;  Provided,  the  said  park  commissioners  shall  improve, 
maintain  and  keep  in  good  repair  said  “Wicker  park,”  otherwise  con- 
trol of  said  “ Wicker  park”  shall  revert  back  to  the  city  of  Chicago. 

1”  3.  Limitation  of  use.]  § 3.  Nothing  herein  contained 
shall  authorize  said  West  Chicago  park  commissioners,  or  any  person, 
to  alter,  change  or  use  said  “Wicker  park”  for  any  other  or  different 
purpose  than  that  for  which  said  “Wicker  park”  was  dedicated. 

1 4.  Acceptance  of  ordinance.]  § 4.  The  said  West  Chi- 
cago park  commissioners  shall  accept  the  provisions  hereof  within 
thirty  days  from  date,  otherwise  this  ordinance  shall  be  null  and  void. 


WATER  FOR  USE  OF  PARKS. 

§ 128.  Water  for  use  in  parks. 

*[[  1.  Preamble. 

2.  Park  board  released  from  payment  of  water  taxes, 
if  3.  Statement  of  expenditures, 
if  4.  Failure  to  comply — penalty. 

An  ordinance  concerning  the  maintenance  of  certain  parks,  and  providing  for 
the  relief  of  the  West  Chicago  park  commissioners  from  the  payment  of 
water  taxes.  (Passed  September  24,  1894.) 

Preamble.]  Whereas,  in  pursuance  of  certain  ordinances  of 
the  city  council  of  the  city  of  Chicago,  the  West  Chicago  park  commis- 
sioners have,  for  a number  of  years,  improved  and  maintained  the  sev- 
eral parks,  property  of  the  city  of  Chicago,  known  as  Union  park, 
Vernon  park,  Jefferson  park,  Wicker  park  and  Campbell  park,  and 
have  expended  upon  the  same  the  sum  of  two  hundred  antf  thirty-nine 
thousand  ($239,000)  dollars,  thereby  saving  to  the  city  of  Chicago  a 
large  amount  of  money  which  it  had  previously  expended  in  the  main- 
tenance of  said  parks;  and, 

Whereas,  the  resources  of  said  West  Chicago  park  commissioners 
are  limited  to  a general  fund  aggregating  about  two  hundred  and  six- 
ty thousand  ($260,000)  dollars  per  annum,  which  is  insufficient  to  war- 
rant the  large  expenditures  made  upon  said  parks  belonging  to  the 
city  of  Chicago,  and  also  to  maintain  the  parks  and  boulevards  of  the 
West  Chicago  park  commissioners;  and, 


» 


§ 128]  WATER  FOR  USE  OF  PARKS.  299 

Whereas,  said  commissioners  are  desirous  of  preserving  said  parks 
for  the  benefit  of  the  people,  and  are  willing  to  expend  further  sums  in 
beautifying  and  maintaining  the  same;  and, 

Whereas,  during  the  time  said  commissioners  have  maintained 
said  parks  they  have  annually  paid  the  city  of  Chicago  for  the  water 
used  therein,  which  item  of  expense,  in  the  opinion  of  said  commission- 
ers, should  properly  be  borne  by  the  city  of  Chicago:  therefore, 

1 1.  Park  board  released  from  payment  of  water  taxes.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That 

in  consideration  of  the  expenditure  of  not  less  than  twenty^  thousand 
($20,000)  dollars  per  annum  for  the  maintenance  and  improvement  of 
the  said  several  parks  hereinbefore  mentioned,  by  the  West  Chicago 
park  commissioners,  the  said  park  commissioners  shall  be  relieved  from 
the  payment  of  all  water  taxes  now  and  hereafter  assessed  against  said 
West  Chicago  park  commissioners. 

T 2.  Statement  of  expenditures.]  § 2.  The  said  West  Chi- 
cago park  commissioners  shall  from  time  to  time,  as  required  by  the 
commissioner  of  public  works  of  the  city  of  Chicago,  make  statements 
of  the  amounts  of  money  expended  by  them  upon  said  several  parks. 

1 3.  Failure  to  comply — penalty.]  § 3.  If  in  any  year  said 
West  Chicago  park  commissioners  shall  fail  to  expend  said  sum  of 
twenty  thousand  ($20,000)  dollars  upon  said  parks,  then  and  in  such 
case  this  ordinance  shall  be  without  force  or  effect. 


CHAPTER  V.—  PIPE  LINES. 


§ 129.  Commercial  Heat  and  Power  company. 
§ 130.  Commercial  Heat  and  Power  company. 
§ 1 3 1.  National  Transit  company. 

§ 132.  National  Transit  company. 

§ 133-  John  B.  Sherman,  Iras  Coy  and  others. 
§ 134.  Waukesha  Hygeia  Mineral  springs. 

§ 135.  Waukesha  Hygeia  Mineral  springs. 

§ 136.  Waukesha  Hygeia  Mineral  springs. 


COMMERCIAL  HEAT  AND  POWER  COMPANY. 

§ 129.  Commercial  Heat  and  Power  company. 

^f  1.  Distribution  of  steam  and  hot  water. 

*jf  2.  Grant  fifty  years. 

•ff  3.  Pre-requisite  to  excavating — deposit — public  hydrants. 

4.  Metal  pipes. 

if  5.  Opening  streets — laying  mains,  etc. — hours  for,  in  certain  dis- 
tricts. 

Tf  6.  Indemnity  to  city — liability  for  damages, 
if  7.  Compensation  to  city, 
if  8.  Time  limit  for  construction  of  plant, 
if  9.  Bond. 

if  10.  When  in  force — acceptance. 

An  ordinance  granting  certain  rights  and  privileges  to  the  Commercial  Heat  and 
Power  company.  (Passed  March  29,  1895.  Accepted  April  6,  1895.) 

IT  1.  Distribution  of  steam  and  hot  water.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago : § 1.  Subject  to  the  terms 

and  conditions  of  this  ordinance,  there  is  hereby  granted  to  the  Com- 
mercial Heat  and  Power  Company,  a corporation  organized  and  ex- 
isting under  and  by  virtue  of  the  laws  of  the  state  of  Illinois,  its  suc- 
cessors and  assigns,  the  right  to  construct,  repair,  maintain  and  oper- 
ate a plant  or  plants  within  the  city  of  Chicago,  together  with  the 
right  of  way  along,  upon  and  under  all  the  avenues,  streets,  alleys 
and  public  places  in  said  city,  and  under  the  Chicago  river  and  its 
branches,  for  the  purpose  of  placing,  operating,  repairing  and  main- 
taining one  or  more  lines  of  mains,  pipes  and  all  necessary  service  pipes 
and  appliances  and  connections,  for  the  purpose  of  manufacturing, 
supplying  and  distributing  steam  and  hot  water  to  parties  desiring  to 
use  the  same  for  heat  and  power  only;  also,  for  the  purpose  of  supply- 
ing and  distributing  water  under  high  pressure  to  parties  desiring  to 
use  the  same,  for  power  only.  No  water  mains  of  a greater  size  of  in- 

300 


§ 129]  COMMERCIAL  HEAT  AND  POWER  COMPANY.  301 

ternal  diameter  than  seven  (7)  inches  shall  be  used  by  this  company, 
and  not  more  than  one  water  main  shall  be  placed  in  any  street  where 
such  system  is  used.  Said  company  shall  connect  a jet  of  sufficient  size 
to  two  fire  hydrants  in  each  block  where  its  mains  may  be  laid,  and 
furnish  water  free  of  charge  to  the  city  where  such  hydrants  are  used, 
for  the  purpose  of  extinguishing  fire. 

T 2.  Grant  fifty  years.]  § 2.  The  rights  and  privileges  hereby 
granted  by  this  ordinance  are  granted  for  the  term  of  fifty  (50)  years 
from  and  after  the  acceptance  of  the  same. 

1 3.  Pre-requisite  to  excavating — deposit-  public  hydrants.] 

§ 3.  Said  company,  its  successors  and  assigns,  shall  not  make  an  ex- 
cavation in  any  street,  alley,  avenue  or  public  place  without  first  pro- 
curing a permit  for  that  purpose  from  the  department  of  public  works 
of  the  said  city,  and  whenever  said  company  shall  make  application  in 
writing  to  such  department  for  such  permit  or  permits,  and  shall  have 
complied  with  all  the  terms  and  conditions  of  this  section  of  this  ordi- 
nance, it  shall  be  the  duty  of  such  department  to  forthwith  issue  such 
permit  or  permits.  When  said  company  shall  first  apply  to  the  depart- 
ment of  public  works  of  said  city  of  Chicago  for  a permit  as  herein 
provided,  the  said  company  shall  deposit  with  said  department  the 
sum  of  twenty-five  thousand  ($25,000)  dollars  as  a guaranty  that  said 
company  shall  restore  the  streets,  pavements,  sidewalks,  grounds,  wa- 
ter pipes,  sewer  or  gas  pipes,  to  a condition  equally  as  good  as  before; 
and  if  said  company  shall  fail  or  refuse  to  so  restore  said  streets,  pave- 
ments, sidewalks,  grounds,  water  pipes,  sewer  or  gas  pipes,  to  a con- 
dition equally  as  good  as  before,  within  a reasonable  time  after  notice 
served  upon  said  company  so  to  do,  and  shall  at  all  times  keep  on  de- 
posit for  said  purposes  the  sum  of  twenty-five  thousand  (25,000)  dol- 
lars. When  any  excavation  shall  be  made  by  said  company  in  any 
street,  avenue,  alley  or  public  place,  paved  with  wooden  blocks,  the 
foundation  boards  or  planks  shall  be  removed  without  being  cut,  un- 
less such  cutting  shall  be  especially  permitted  by  the  department  of 
public  works  of  said  city. 

The  said  company  shall  not  use  the  public  fire  hydrants  of  said 
city,  or  any  water  therefrom,  without  a license  or  permit  of  the  depart- 
ment of  public  works  of  said  city,  which  license  shall  be  granted  by  said 
department  upon  said  company  becoming  responsible  for  the  fee  for 
water  as  the  same  is  fixed  by  the  ordinances  of  said  city.  The  said 
company  shall,  upon  notice  from  the  department  of  public  works  of 
said  city,  remove  or  change,  at  its  own  expense,  any  mains,  pipes, 
service  pipes  or  feeders  which  may  be  in  the  way  of  or  interfere  with 
the  construction  or  erection  of  any  viaduct,  public  building  or  any 
other  public  structure  within  said  city.  Said  company  shall  not  do  any 
permanent  injury  to  any  street,  sidewalk,  avenue  or  public  place  or 
shade  tree,  or  in  any  manner  unnecessarily  disturb  or  interfere  with 
any  water  pipe,  sewer  or  gas  pipe  now  or  hereafter  laid  by  said  city, 


302 


PIPE  LINES. 


[§  1 29 


O 


or  any  authorized  company  or  corporation;  and  when  said  company 
shall  open  ground  in  the  same  it  shall  forthwith  restore  the  said  pave- 
ment, sidewalk  or  ground,  or  water  pipes,  sewer  or  gas  pipes  to  a 
condition  equally  as  good  as  before,  at  its  own  expense;  and  if  said 
company  shall  fail  or  refuse  to  do  so,  the  same  may  be  done  by  the 
said  city,  and  the  said  company  shall  be  liable  for  the  cost  thereof. 

1 4.  Metal  pipes.]  § 4.  The  pipes  laid  by  said  company  shall 
be  made  of  metal,  and  shall  be  constructed,  joined  and  laid  in  a sub- 
stantial and  safe  manner,  and  shall  be  provided  with  the  best  and  most 
modern  improvements  and  appliances. 

1 5.  Opening  streets— laying  mains,  etc. — hours  for,  in  cer- 
tain idistrict.]  § 5.  Said  Commercial  Heat  and  Power  Company 
shall  not  open  or  incumber  more  of  any  street,  avenue,  alley  or  public 
place  at  any  one  time  than  may  be  necessary  to  enable  it  to  proceed 
with  advantage  in  the  laying  of  its  mains  and  pipes,  nor  shall  said 
company  permit  any  such  street,  avenue,  alley  or  public  place  to  re- 
main open  or  incumbered  for  a longer  period  than  shall  be  necessary 
to  execute  the  work  for  which  the  same  shall  have  been  opened,  or 
without  putting  up  the  necessary  barriers  and  lights  so  as  to  effectual- 
ly prevent  the  happening  of  any  accident  in  consequence  of  any  such 
opening  or  incumbering  of  such  street,  avenue,  alley  or  public  grounds. 
In  the  district  bounded  by  Twelfth  street  on  the  south,  the  Chicago 
river  on  the  west  and  north,  and  Lake  Michigan  on  the  east,  no  ex- 
cavation of  the  streets  shall  be  made  except  between  the  hours  of  10 
p.  m.  and  7 a.  m.,  and  then  only  upon  the  condition  that  the  streets 
shall  be  restored  to  a passable  condition  for  traffic  purposes  during 
the  hours  of  7 a.  m.  and  10  p.  m. 

1"  6.  Indemnity  to  city — liability  for  damages.]  § 6.  The  said 
company  shall  forever  indemnify  and  save  harmless  the  city  of  Chicago 
against  and  from  any  and  all  damages,  judgments,  decrees,  costs  and 
expenses  which  it  may  suffer,  or  which  may  be  recovered  or  main- 
tained against  said  city  or  by  reason  of  or  growing  out  of  or  resulting 
from  the  passage  of  this  ordinance,  or  in  any  manner  connected  there- 
with, or  an  account  of  the  exercise  by  said  company  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  of  said  company,  its  authorized 
servants  or  agents,  under  and  by  virtue  of  the  provisions  of  this  ordi- 
nance, and  shall  alse  be  liable  to  and  pay  any  person,  firm  or  corpor- 
ation for  the  damages  which  may  result  from  or  by  reason  of  said 
company  having  negligently  opened,  incumbered,  protected  or  guarded 
any  street,  avenue,  alley  or  public  place  in  said  city,  opened  or  incum- 
bered by  it. 

1 7.  Compensation  to  city.]  § 7.  The  rights  and  privileges 
hereby  granted  are  upon  the  express  condition  that  the  said  Commer- 
cial Heat  and  Power  Company,  its  successors  and  assigns,  shall  pay 
annually  to  said  city  of  Chicago,  for  and  in  consideration  of  the  rights 
and  privileges  hereby  granted,  an  amount  equal  to  three  and  one-half 


§ r3°] 


COMMERCIAL  HEAT  AND  POWER  COMPANY. 


303 


(3tA).  Per  centum  of  the  gross  revenue  and  receipts  of  said  company 
from  the  operation  of  its  said  plant  or  plants.  Such  payment  shall  be 
made  in  manner  following:  At  the  expiration  of  one  (i)  year  from 

the  passage  of  this  ordinance,  the  president  or  other  chief  officer  of 
said  company  shall  file  with  the  comptroller  of  said  city  of  Chicago  a 
statement  under  oath,  showing  the  amount  of  gross  annual  revenue  or 
receipts  of  said  company  for  the  preceding  year,  and  shall  at  the  same 
time  pay  to  said  comptroller  the  said  amount  of  three  and  one-half 
( 3 per  centum  of  the  annual  gross  revenue  or  receipts  from  the 
operation  of  its  said  plant  or  plants  for  said  year,  said  respective  pay- 
ments to  be- made  as  herein  described,  annually  thereafter.  Such  state- 
ment, however,  shall  not  be  final  or  binding  upon  the  city  of  Chicago, 
and  the  comptroller  of  said  city  or  his  authorized  agent  shall  at  all 
times,  upon  such  statement  being  made  as  herein  provided,  have  the 
right  to  examine  the  books  of  said  company,  showing  its  gross  re- 
ceipts, to  verify  such  statements. 

8.  Time  limit  for  construction  of  plant.]  § 8.  Said  com- 
pany shall,  within  three  (3)  years  from  the  passage  of  this  ordinance, 
erect,  construct  and  have  ready  for  operation  a plant  or  plants,  and  in 
connection  therewith  have  constructed  and  laid  down  mains,  pipes 
and  connections,  the  actual  bona  fide  cost  of  which  shall  be  one  hun- 
dred and  fifty  thousand  (150,000)  dollars. 

T 9.  Bond.]  § 9.  Said  company  shall  file  with  the  city  clerk 
of  said  city  a good  and  sufficient  bond,  to  be  approved  by  the  mayor, 
in  the  penal  sum  of  two  hundred  thousand  ($200,000)  dollars,  condi- 
tioned that  the  said  company  shall  comply  with  the  terms  and  con- 
ditions of  this  ordinance,  and  shall  indemnify  and  save  harmless  the 
• city  of  Chicago  against  any  and  all  damages,  judgments,  decrees  and 
costs  of  whatsoever  kind  and  nature,  by  reason  of  the  passage  of  this 
ordinance  and  the  exercise  of  the  privileges  herein  granted. 

T 10.  When  in  force — acceptance.]  § 10.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage  and  accept- 
ance by  said  company,  and  the  filing  and  approval  of  the  bond  herein 
required,  providing  that  said  acceptance  shall  be  filed  and  said  bond 
shall  be  filed  and  approved  within  sixty  (60)  days  after  the  passage 
hereof. 

Note. — See  ordinance  following  repealing  foregoing  ordinance. 

§ 130.  Commercial  Heat  and  Power  company. 

*|  1.  Repealing  clause. 

2.  When  in  force. 

An  ordinance  repealing  an  ordinance  heretofore  passed  granting  rights  to  the 
Commercial  Heat  and  Power  company.  (Passed  April  10,  1895.) 

Z 1.  Repealing  clause.  ] Be  it.  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  the  ordinance  granting  certain  rights 
and  privileges  to  the  Commercial  Heat  and  Power  Company,  passed 


304 


PIPE  LINES. 


[§  13  I 

on  March  29th,  1895,  by  the  city  council  of  the  city  of  Chicago,  be  and 
the  same  is  hereby  repealed. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 


NATIONAL  TRANSIT  COMPANY.  . 

§ 13 1.  National  Transit  company. 

TT  1.  Two  pipe  lines — route. 

IT  2.  Pipe  laying — not  to  disturb  present  underground  work, 
nt  3.  Restoration  of  streets,  etc.  — repairs  for  a year — permits. 

•|[  4.  Time  limit  for  construction — indemnity, 
nr  5.  Refusal  to  restore  pavement,  etc. 
nr  6.  Bond — stipulation — renewal  of  bond, 
nt  7.  Ordinance  construed, 
nt  8.  Acceptance — right  of  repeal. 

An  ordinance  granting  certain  rights  and  privileges  to  the  National  Transit  com- 
pany to  pipe  oil  in  the  town  of  Lake.  (Passed  October  23,  1888.  Bond  filed 
December  26,  1888.) 

IT  1.  Two  pipe  lines — route.]  Be  it  ordained  by  the  president 

and  board  of  trustees  of  the  town  of  Lake,  as  follows:  § 1.  That 

permission  and  authority  be  and  the  same  are  hereby  granted  to  the 
National  Transit  Company  to  construct,  operate  and  maintain  two 
pipe  lines  for  the  transportation  of  oil,  each  pipe  line  consisting  of 
wrought  iron  pipes,  with  screw  points,  known  as  “line  pipe,”  each  pipe  • 
line  to  be  not  larger  than  eight  inches  internal  diameter,  along  the 
routes  hereinafter  designated,  to-wit:  In  and  along  the  right  of  way 

of  the  Lake  Shore  & Michigan  Southern  Railway  Company,  from  the 
intersection  of  said  right  of  way  with  State  street,  near  63rd  street,  in 
the  town  of  Lake,  county  of  Cook  and  state  of  Illinois,  to  the  inter- 
section of  said  right  of  way  with  the  center  line  of  39th  street;  also 
commencing  at  the  intersection  of  the  right  of  way  of  the  said  Lake 
Shore  & Michigan  Southern  Railway  Company  with  the  right  of  way 
of  the  Union  Stock  Yard  and  Transit  Company  of  Chicago,  at  or  near 
40th  street,  or  40th  street  extended2  running  thence  westerly  in  and 
along  the  right  of  way  of  the  said  Union  Stock  Yard  and  Transit  Com- 
pany of  Chicag'O,  to  the  intersection  of  said  right  of  way  with  the  west 
line  of  Halsted  street,  and  to  construct  said  pipe  lines  under  and  across 
all  the  streets,  alleys,  lanes,  highways,  and  public  places  in  the  town 
of  Lake  which  it  may  be  necessary  to  cross  to  pursue  the  routes  above 
mentioned. 

T 2.  Pipe  laying— not  to  disturb  present  underground  work.] 

§ 2.  The  said  company  shall  construct  and  lay  its  said  pipe  lines  un- 


NATIONAL  TRANSIT  COMPANY. 


305 


§ J3i] 

derground  at  least  two  feet  beneath  the  surface  of  said  streets,  alleys, 
lanes,  highways  and  public  places,  and  said  pipe  lines  shall  be  laid  and 
all  work  done  under  the  direction  and  supervision  of  the  superinten- 
dent of  the  department  of  public  works  of  said  town  and  to  his  satis- 
faction. The  said  company  shall  do  no  permanent  injury  to  any  pave- 
ment, sidewalk,  crosswalk,  sewer,  water  pipe,  gas  pipe,  street,  alley,  or 
public  place,  nor  in  any  manner  unnecessarily  interfere  with  any  water, 
sewer,  gas,  or  any  other  pipe  which  now  is  or  which  may  hereafter  be 
laid  by  the  town  of  Lake,  or  by  any  authorized  person  or  corporation, 
and  no  street,  alley,  lane,  highway  or  public  place  shall  be  allowed  to 
remain  open  or  incumbered  for  a longer  period  than  shall  be  necessary 
in  the  opinion  and  discretion  of  the  superintendent  of  the  department 
of  public  works,  to  execute  the  work  for  which  the  said  street,  alley, 
lane,  highway  or  public  place  may  have  been  opened  or  incumbered. 

T 3.  Restoration  of  streets,  etc. — repairs  for  a year — permits.] 

§ 3.  That  immediately  after  the  work  of  said  company,  in  construct- 
ing and  laying  its  said  pipe  lines  has  been  done,  it  shall  forthwith,  and 
as  the  work  progresses  at  its  own  cost  and  expense  restore  the  streets, 
alleys,  lanes,  highways  and  public  places  disturbed  by  said  work,  to  a 
condition  as  good  as  the  same  were  in  before  the  commencement  of 
said  work,  and  keep  and  maintain  the  said  streets,  alleys,  lanes,  high- 
ways and  public  places  for  the  period  of  one  year  after  said  restora- 
tion in  good  condition  and  repair,  under  the  supervision  and  to  the 
satisfaction  of  the  superintendent  of  the  department  of  public  works  of 
said  town,  and  without  expense  to  said  town,  and  whenever  any  street, 
alley,  lane,  highway  or  public  place  be  torn  up,  either  for  the  laying 
of  pipe  or  making  repairs,  the  said  street,  alley,  lane,  highway  or  pub- 
lic place  shall  be  restored,  as  the  work  progresses,  under  the  direction 
and  supervision,  and  to  the  satisfaction  of  the  superintendent  of  the 
department  of  public  works,  at  such  time  or  times  as  he  may  appoint; 
and  in  case  this  company  shall  desire  at  any  time  after  the  construc- 
tion of  said  pipe  lines  to  enter  upon  any  street,  alley,  lane,  highway  or 
public  place  for  the  purpose  of  making  repairs,  the  said  company  shall 
not  be  permitted  to  do  so  without  having  first  obtained,  in  each 
instance,  from  the  president  and  board  of  trustees  of  said  town,  ex- 
press authority  and  permission  for  the  specific  work  proposed,  and  in 
each  and  every  instance  said  work  shall  be  done  under  the  supervision 
and  to  the  satisfaction  of  the  superintendent  of  the  department  of  pub- 
lic works  of  said  town. 

If  4.  Time  limit  for  construction — indemnity,]  § 4.  The 

construction  of  one  of  said  pipe  lines  herein  above  mentioned  shall  be 
completed  within  six  months  from  the  passage  hereof;  and  the  con- 
struction of  the  other  of  said  pipe  lines  shall  be  completed  within  two 
years  from  the  passage  hereof.  In  case  the  said  company  in  construct- 
ing and  laying  said  pipe  lines  shall  disturb  or  in  any  manner  injure  or 
interfere  with  any  gas,  sewer,  or  water  pipe,  or  any  other  pipe  or  drain, 
20 


306 


PIPE  LINES. 


it  will  pay  the  cost  of  restoring  the  same  to  a condition  as  good  as,  the 
same  was  in  before  such  disturbance  or  interference,  and  will  pay  any 
damages  that  the  said  town  may  sustain  by  reason  thereof;  and  in 
case  of  the  officers,  agents  or  servants  of  the  said  town  in  prosecuting 
any  work  of  said  town  shall  interfere  with  said  pipe  lines,  in  any 
manner,  they  and  the  said  town  shall  be  held  harmless  by  the  said 
company  of  and  from  any  and  all  damage  or  claim  for  damage  arising 
from,  growing  out  of  or  resulting  from  the  same,  except  in  case  of  will- 
ful or  intentional  injury. 

T 5.  Refusal  to  restore  pavement,  etc.]  § 5.  If  the  said 
company  shall  refuse  or  neglect  to  restore  and  replace  any  street,  alley, 
lane,  pavement,  flagging,  curb,  sidewalk,  crosswalk  or  public  place 
after  having  disturbed  and  removed  the  same,  for  the  period  of  five 
days,  after  receiving  written  notice  from  the  superintendent  of  the  de- 
partment of  public  works  of  said  town  to  make  said  restoration  or  re- 
pairs, or  shall  refuse  and  neglect  to  comply  with  the  order  of  the  super- 
intendent of  the  department  of  public  works  of  said  town  to  restore 
such  street,  alley,  lane,  pavement,  flagging,  sidewalk,  crosswalk,  curb 
or  public  place,  disturbed  and  removed  as  aforesaid,  then  the  said  su- 
perintendent of  the  department  of  public  works  may  cause  the  same 
to  be  done  in  such  manner  as  he  may  deem  proper,  and  the  said  com- 
pany shall  be  liable  for  the  cost  and  expense  thereof,  and  shall  pay 
such  cost  and  expense  on  demand  of  said  town  of  Lake. 

1 6.  Bond— stipulation — renewal  of  bond.]  § 6.  The  rights 

and  privileges  upon  the  express  condition  that  the  said  National  Tran- 
sit Company  will  first  enter  into  a bond  with  the  town  of  Lake  to  be 
approved  by  the  president  and  board  of  trustees  of  said  town,  with 
good  and  sufficient  sureties  in  the  penal  sum  of  twenty  thousand 
(20,000)  dollars  conditioned  in  indemnity  and  save  harmless  the  said 
town  against  and  from  any  and  all  damages  or  claims  for  damages, 
judgments,  decrees,  costs  and  expenses  of  the  same  which  said  town  of 
Lake  may  suffer  or  which  may  be  recovered  or  obtained  against  the 
said  town  for  or  by  reason  of  the  granting  of  the  rights  and  privileges 
in  the  ordinance  contained,  or  for  or  by  reason  of  or  growing  out  of  or 
resulting  from  the  passage  of  this  ordinance,  or  from  any  act  or  acts  of 
the  said  company  under  or  by  virtue  of  the  authority  herein  granted, 
or  the  failure,  refusal,  or  neglect  of  said  company  to  perform  each 
and  every  of  the  said  conditions  upon  which  this  ordinance  is  granted. 
And  it  is  hereby  further  provided,  that  upon  the  recovery  of  any  such 
final  judgment  or  decree  against  said  town,  as  aforesaid,  said  com- 
pany shall  immediately  and  without  prior  payment  of  such  judgment 
or  decree  by  said  town  be  liable  to  pay  and  shall  pay  the  amount  or 
amounts  thereof,  to  said  town,  and  the  fact  that  the  said  town  may  not 
have  paid  such  judgment  or  decree  shall  constitute  no  defense  on  the 
part  of  said  company;  and  it  is  hereby  further  expressly  provided  that 
in  case  of  the  failure  on  the  part  of  said  National  Transit  Company  to 


§ !32] 


NATIONAL  TRANSIT  COMPANY. 


307 


perform  any  of  the  conditions  or  provisions  of  this  ordinance  the  said 
town  of  Lake  shall  not  be  limited  to  an  action  upon  the  bond  of  said 
company,  but  may  proceed  at  once  against  the  said  company  in  any 
suit  or  action  at  law  or  in  equity  which  it  may  deem  advisable  or  nec- 
essary for  the  recovery  of  any  money  damages,  or  costs,  which  it  may 
have  sustained  by  reason  of  such  breach  or  failure;  and  it  is  hereby 
further  provided  that  the  said  National  Transit  Company,  its  success- 
ors and  assigns,  shall  renew  said  bond  and  the  sureties  thereon,  when- 
ever and  so  often  as  the  said  town  of  Lake  may  desire  or  require. 

1 7.  Ordinance  construed.]  § 7.  Nothing  in  this  ordinance 
contained  shall  be  construed  as  conferring  any  exclusive  rights  or  priv- 
ileges to  the  National  Transit  Company,  its  successors  or  assigns. 

T 8.  Acceptance— right  of  repeal.]1  § 8.  This  ordinance 

shall  not  be  in  force  until  its  written  acceptance  by  said  National  Tran- 
sit Company,  together  with  the  bond  herein  provided  for,  shall  have 
been  filed  with  the  clerk  of  said  town  of  Lake,  and  unless  said  accept- 
ance and  said  bond  herein  provided  for  shall  be  executed  and  filed 
with  the  clerk  of  said  town,  as  aforesaid,  within  sixty  days  from  the 
date  of  the  passage  hereof,  this  ordinance  shall  be  null  and  void;  and 
in  case  of  a failure  on  the  part  of  said  National  Transit  Company,  its 
successors  and  assigns,  to  keep  and  observe  each  and  every  of  the 
conditions  and  provisions  of  this  ordinance,  the  town  of  Lake  shall 
have  the  right  to  repeal  this  ordinance  and  to  forfeit  all  rights  acquired 
hereunder;  and  all  rights,  power  and  authority  conferred  upon  the 
town  of  Lake  or  its  officers  or  trustees,  shall  rest  in,  and  be  exercised 
bv,  the  municipal  corporation  or  its  officers,  trustees  or  authorities, 
within  whose  limits  the  said  works  or  constructions  or  any  part  thereof 
may  be  situated. 

§ 132.  National  Transit  Company. 

■f  t.  Grant — route. 

If  2.  Grant  subject  to  conditions. 

•f  3.  Conditions. 

•if  4.  Permit  for  excavation. 

^f  5.  Liability  for  damages — indemnity. 

•ff  6.  ' Barriers,  lights  and  signals. 

if  7.  Rights  of  village  to  put  in  underground  work. 

*f  8.  Pipe  specifications. 

Tf  9.  Subject  to  ordinances. 

[ if  10.  Stipulation  as  to  furnishing  fuel  oil  to  village  and  customers, 
•jf  11.  Performance  of  duties  by  village  officer. 

If  12.  Terms  inure  to  and  binding  upon  successors. 

•ff  13.  Limited  to  transportation  of  fuel  oil  only. 

If  14.  Forfeiture  of  grant. 

If  15.  Bond — renewal  for  demand. 

Tf  16.  Acceptance. 

An  ordinance  granting  rights  to  the  National  Transit  company  to  establish  and 
maintain  an  oil  pipe  line  in  the  village  of  Hyde  Park.  (Passed  December  27, 
1888,  Approved  January  2,  1889.  Accepted  January  22,  1889.) 


308 


PIPE  LINES. 


[§  132 


IT  1.  Grant — route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  Hyde  Park:  § i.  That  permission  and  au- 

thority be  and  the  same  are  hereby  granted  to  the  National  Transit 
Company,  a corporation  of  the  state  of  Pennsylvania,  to  construct, 
lay,  maintain,  repair,  use  and  operate  pipe  lines  for  the  transportation 
underground,  of  fuel  oil  under  and  across  the  highways,  streets,  ave- 
nues, alleys,  places,  public  grounds,  rivers  and  canals,  of  the  village 
of  Hyde  Park,  lying  south  of  Sixty-third  street  (63rd). 

1i  2.  Grant  subject  to  conditions.]  § 2.  The  foregoing  priv- 
ileges are  granted  to  the  said  National  Transit  Company  upon  the  fol- 
lowing conditions  and  with  the  following  limitations  and  agreements 
and  the  acceptance  of  this  ordinance  by  the  National  Transit  Com- 
pany shall  constitute  said  conditions,  limitation  and  agreements  a 
binding  contract  upon  the  said  National  Transit  Company,  its  success- 
ors and  assigns. 

IT  3.  Conditions.]  § 3.  Said  company  shall  do  no  permanent 
injury  to  any  highway,  street,  sidewalk,  alley,  public  place  or  shade 
tree,  and  shall  not,  in  any  manner,  interfere  with  any  water  pipe,  sewer 
or  gas  pipe,  telegraph  or  electric  wires,  cables,  conduits  or  pipes, 
which  are  now,  or  may  hereafter  be  laid  in  said  village  of  Hyde  Park, 
except  by  the  consent  of  duly  authorized  officers  of  said  village,  and 
when  said  company  shall  open  ground  in  any  highway,  street,  alley  or 
public  place,  or  lay  pipes  or  expose  any  water  pipe,  sewer,  gas  or 
electric  pipe  or  conduit,  said  company  shall  put  in  proper  signal  lights 
and  shall  forthwith  restore  the  highway,  street,  alley,  water  pipe,  sewer, 
gas  or  electric  pipe,  to  as  good  condition  as  before,  at  its  own  ex- 
pense, under  the  direction  of  the  superintendent  of  public  works  or 
other  authorized  officer  of  said  village,  and  within  such  time  as  he 
shall  direct,  and'  to  the  satisfaction  of  the  board  of  trustees  of  said  vil- 
lage, or  the  officer  appointed  or  designated  by  said  board. 

And  said  company,  by  the  acceptance  of  this  ordinance,  further 
agrees  to  maintain  such  parts  of  said  highways,  streets,  alleys  and  pub- 
lic places  as  may  have  been  disturbed  by  said  company,  for  the  period 
of  one  year  after  such  restoration  in  good  repair,  under  the  super- 
vision and  to  the  satisfaction  of  the  superintendent  of  public  works  and 
without  expense  to  said  village;  and  in  case  the  said  company  shall 
refuse  or  neglect  for  the  period  of  five  days,  after  receiving  notice  in 
writing  from  the  superintendent  of  public  works,  or  other  authorized 
officer,  to  make  such  restoration  or  repairs,  then  the  same  may  be  done 
by  the  proper  village  officer,  and  the  expense  thereof  shall  be  paid  by 
said  company  on  demand  by  said  village  of  Hyde  Park,  and  the  certi- 
ficate of  the  superintendent  of  public  works  or  other  authorized  offi- 
cer that  said  work  has  been  done  under  his  direction,  and  the  amount 
of  the  cost  thereof  shall  be  conclusive  upon  said  company. 

T 4.  Permit  for  excavation.]  § 4.  The  said  National  Tran- 
sit Company  shall  not  make  any  excavation  in  any  highway,  street, 


i !32] 


NATIONAL  TRANSIT  COMPANY. 


309 


alley  or  public  place  without  first  procuring  a written  permit  for  that 
purpose  from  the  superintendent  of  public  works  or  other  authorized 
officer  of  said  village,  which  permit  may  specify  in  which  part  of  the 
street,  highway,  alley  or  public  place  the  said  excavation  shall  be 
made,  or  said  pipe  shall  be  laid,  and  no  such  permit  shall  be  issued 
to  make  any  excavation  along  the  line  of  any  paved  street  for  the 
purpose  of  laying  any  new  line  of  pipe  without  permission  in  each  case 
granted  by  the  president  and  board  of  trustees  of  said  village.  And 
said  company  shall,  upon  notice  from  the  superintendent  of  public 
works  or  other  proper  officer,  forthwith  remove  or  change  at  its  own 
expense,  any  pipe  which  may  be  in  the  way  of,  or  interfere  with,  the 
public  use  of  any  street  or  sidewalk,  of  any  viaduct,  sewer  or  water 
pipe,  public  building  or  other  public  structure  within  said  village,  and 
if  not  so  done  by  said  company,  such  village  officer  may  cause  the 
same  to  be  done  at  the  expense  of  said  company,  and  said  company 
hereby  agrees  to  pay  the  cost  of  the  same. 

1"  5.  Liability  for  damages — indemnity.]  § 5.  Said  company 

shall  be  held  liable  t®  and  by  the  acceptance  of  this  ordinance  agrees 
to  compensate  the  village  of  Hyde  Park,  and  pay  any  private  individ- 
ual or  any  owner  or  owners,  or  parties  interested  in  any  property 
adjacent  to  any  highway,  street,  alley  or  public  place,  opened,  injured 
or  used  by  it,  for  all  damage  which  may  result  from  or  by  reason  of 
said  company  having  opened,  incumbered  or  failed  to  protect  or  guard 
any  such  highway,  street,  alley  or  public  place  in  said  village,  or  from 
or  by  reason  of  any  neglect  or  fraud  on  the  part  of  said  company 
in  the  exercise  of  any  privilege  granted  by  this  ordinance. 

And  the  said  National  Transit  Company,  by  the  acceptance  of 
this  ordinance,  further  agrees  that  it  will  save  harmless  the  said  village 
of  Hyde  Park  and  its  successors  from  and  against  any  and  all  dam- 
ages or  claims  for  damages,  judgments  and  decrees  which  said  village 
may  suffer,  or  which  may  be  recovered  or  obtained  against  said  vil- 
lage for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  the  granting  of  the  rights  and  privileges 
herein,  or  from  any  act  or  acts  of  the  said  company  under  and  by 
virtue  of  the  authority  herein  granted,  or  the  failure,  refusal  or  neglect 
of  said  company  to  perform  each  and  every  of  the  conditions  provided 
in  this  ordinance. 

1 6.  Barriers,  lights  and  signals.]  § 6.  Said  company  shall 
put  up  all  necessary  barriers,  lights  and  signals  to  prevent  the  hap- 
pening of  any  accident  in  consequence  of  any  opening  or  incumbrance 
of  any  street,  alley,  highway  or  public  place  in  said  village. 

T 7.  Right  of  village  to  put  in  underground  work.]  § 7] 
The  village  of  Hyde  Park  reserves  the  right  to  put  in  any  sewerage, 
water  and  other  pipes,  and  any  and  all  improvements  which  it  may 
deem  necessary  or  proper  at  any  and  all  times  in  said  streets,  alleys, 
highways  and  public  places  without  any  liability  to  said  National 


310 


PIPE  LINES. 


[§  132 


1 ransit  Company  for  so  doing,  and  on  reasonable  notice  said  com- 
pany shall  take  care  of  its  own  pipes  and  property  in  said  streets,  high- 
ways, alleys  and  public  places. 

T 8.  Pipe  specifications.]  § 8.  The  lines  of  pipe  constructed 
or  laid  by  virtue  of  this  ordinance  shall  be  of  wrought  iron  of  the 
best  material  and  with  screw  joints  of  the  best  known  character  for 
securing  oil,  and  said  pipes  shall  be  placed  not  less  than  two  feet 
below  the  surface  of  the  ground. 

T 9.|  Subject  to  ordinances.]  § 9.  The  said  National  Tran- 
sit Company,  and  all  rights  and  privileges  herein  granted  to  the  same 
shall  be  subject  to  all  general  ordinances  of  the  village  of  Hyde  Park 
now  in  force  or  which  may  hereafter  be  passed  concerning  the  con- 
ducting or  storage  of  oil  or  oils  in  said  village. 

IT  10.  Stipulation  as  to  furnishing!  fuel  oil  to  village  and 
customers.]  § 10.  And  the  said  National  Transit  Company,  by  the 
acceptance  of  this  ordinance,  hereby  expressly  agrees  that  within  one 
year  from  the  date  of  the  passage  of  this  ordinance  it  will  construct 
a pipe  line  running  to  the  present  location  of  the  water  works  of  the 
said  village  of  Hyde  Park,  so  as  to  be  able  to  furnish  the  said  village, 
through  said  pipe  line,  oil  for  fuel  purposes;  and  further  agrees  that 
it  will,  at  all  times  when  requested,  furnish  to  the  said  village  of  Hyde 
Park  fuel  oil  as  cheaply  as  said  oil  is  furnished  to  any  other  corpora- 
tion, person  or  combination  within  the  said  village  of  Hyde  Park  or 
the  city  of  Chicago;  and  it  further  agrees  that  in  supplying  oil  to 
customers  it  will  not  discriminate  either  as  to  quantity,  quality  or 
price  against  people  using  said  oil  within  said  village  of  Hyde  Park 
in  favor  of  persons  using  said  oil  within  the  city  of  Chicago  or  else- 
where in  Cook  county. 

1"  11.  Performance  of  duties  by  village  officer.]  §11.  In 

case  the  duties  herein  prescribed  to  be  performed  by  the  superintend- 
ent of  public  works,  or  other  authority,  shall  devolve  upon  any  other 
department  or  officer,  the  same  shall  be  performed  by  such  other  de- 
partment or  officer  exactly  as  though  specifically  mentioned  herein. 

T 12.  Terms  inure  to  andj  binding  upon  successors.]  § 12. 

In  case  the  said  village  of  Hyde  Park  shall  change  its  form  of  gov- 
ernment, or  be  divided,  or  be  united  or  annexed  with,  or  to  any  other 
town,  village  or  city,  the  municipal  government  or  governments  suc- 
ceeding to  the  rights  and  duties  of  the  village  of  Hyde  Park  shall  be 
bound  by,  and  succeed  to  all  the  duties,  rights,  privileges  and  author- 
ity herein  imposed  upon  or  saved  to  the  said  village  of  Hyde  Park. 

1 13.  Limited  to  transportation  of  fuel  oil  only.]  § 13.  This 
ordinance  shall  not  be  construed  to  authorize  the  said  National  Tran- 
sit Company  to  transport  gas  or  any  other  substance  than  fuel  oil. 

1"  14.  Forfeiture  of  grant.]  § 14.  Any  sale,  transfer  or  yield- 
ing of  the  rights  and  privileges  hereby  granted  to  any  other  corpora- 


§ J32] 


NATIONAL  TRANSIT  COMPANY. 


311 


tion,  company,  trust  or  combination  without  the  express  consent  of 
the  president  and  board  of  trustees  of  the  village  of  Hyde  Park,  shall 
work  an  absolute  forfeiture  of  all  such  rights  and  privileges. 

H 15.  Bond— renewal  of  on  demand.]  § 15.  The  rights  and 
privileges  hereby  granted  are  granted  upon  the  express  condition  that 
the  said  National  Transit  Company  will  enter  into  a bond  with  the 
village  of  Hyde  Park,  to  be  approved  by  the  president  and  board  of 
trustees  of  said  village,  with  good  and  sufficient  sureties,  in  the  penal 
sum  of  twenty  thousand  dollars  ($20,000),  conditioned  to  indemnify 
and  save  harmless  said  village  against  and  from  any  and  all  damages 
or  claims  for  damages,  judgments,  decrees,  costs  and  expenses  of  the 
same,  which  said  village  of  Hyde  Park  may  suffer,  or  which  may  be 
recovered  or  obtained  against  the  said  village  for  or  by  reason  of  the 
granting  of  the  rights  and  privileges  in  this  ordinance  contained,  or 
for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  from  any  act  or  acts  of  the  said  company  under 
or  by  virtue  of  the  authority  herein  granted,  or  the  failure,  refusal  or 
neglect  of  said  company  to  perform  each  and  every  of  the  said  condi- 
tions upon  which  this  ordinance  is  granted;  and  it  is  hereby  further 
provided  that  upon  the  recovery  of  any  such  final  judgment  or 
decree  against  said  village,  as  aforesaid,  said  company  shall  im- 
mediately, and  without  prior  payment  of  such  judgment  or 
decree,  by  said  village,  be  liable  to  pay  and  shall  pay  the 
amount  or  amounts  thereof  to  said  village,  and  t’he  fact  that  the 
said  village  may  not  have* paid  such  judgment  or  decree  shall  consti- 
tute no  defense  on  the  part  of  said  company;  and  it  is  hereby  further 
expressly  provided  that  in  case  of  the  failure  on  the  part  of  said 
National  Transit  Company  to  perform  any  of  the  conditions  or  pro- 
visions of  this  ordinance,  the  said  village  of  Hyde  Park  shall  not  be 
limited  to  an  action  upon  the  bond  of  said  company,  but  may  proceed 
at  once  against  the  said  company  in  any  suit  or  action  at  law  or  in 
equity,  which  it  may  deem  it  advisable  or  necessary  for  the  recovery 
of  any  money,  damages  or  costs,  which  it  may  have  sustained  by  rea- 
son of  such  breach  or  failure;  and  it  is  hereby  further  provided  that 
the  said  National  Transit  Company,  or  its  successors,  shall  renew  said 
bond  and  the  sureties  thereon  whenever,  and  as  often,  as  the  village  of 
Hyde  Park  may  desire  or  require. 

T 16.  Acceptance.]  § 16.  The  said  company  shall  signify  its 
acceptance  of  this  grant  or  permission  upon  the  terms,  conditions  and 
restrictions  herein  provided,  by  filing  with  the  city  clerk  of  the  village 
of  Hyde  Park  a written  acceptance  thereof,  together  with  the  bond 
herein  provided  for,  and  together  with  a certificate  that  said  company 
is  duly  incorporated  by  the  state  of  Pennsylvania  within  sixty  (60)  days 
from  the  passage  hereof. 


312 


PIPE  LINES. 


[§  J33 


JOHN  B.  SHERMAN,  IRUS  COY  AND  OTHERS. 

§ r33-  John  B.  Sherman,  Irus  Coy  and  others. 

•ff  i.  Grant  in  perpetuity — territory. 

it  2.  Water  to  be  sold  to  town  only — agreed  compensation. 

If  3.  Conditions  as  to  streets  and  underground  work  already  laid— 
excavations. 

If  4.  Damage  to  town  or  individuals. 

it  5.  Granting  of  permits  or  licenses— commencement  and  com- 
pletion of  work. 

If  6.  Acceptance — bonds. 

An  ordinance  granting  permission  to  John  B.  Sherman,  Irus  Coy  and  others  to 
lay  down,  construct  and  maintain  tunnels  and  iron  water  pipes  and  erect 
pumping  works.  (Passed  July  9,  1889.  Accepted  July  12,  1889.) 

IF  1.  Grant  in  perpetuity — territory.]  Be  it  ordained  by  the 
president  and  board  of  trustees  of  the  town  of  Lake:  § 1.  That  per- 
mission and  authority  are  hereby  given  to  John  B.  Sherman,  Irus  Coy, 
Thomas  Gahan,  M.  J.  Tierney,  Thomas  Byrne  and  M.  E.  McGregor, 
or  the  corporation  which  they  shall  procure  to  be  organized  for  the 
purposes  herein  mentioned,  and  their  assigns,  to  lay  down,  construct, 
use  and  forever  maintain  one  or  more  brick  tunnels,  each  of  which 
shall  not  be  less  than  six  feet  internal  diameter,  and  two  or  more  iron 
water  pipes,  each  of  which  shall  not  be  less  than  twenty-four  inches 
internal  diameter,  in  the  town  of  Lake,  in  the  territory  lying  between 
39th  and  87th  streets,  from  the  east  line  of  said  town  to  the  west  line 
of  said  town ; and  for  the  purpose  of  conveying  water  through  said 
tunnels  and  pipes,  and  the  said  parties  are  given  permission  and  au- 
thority to  erect,  operate  and  maintain  pumping  works  in  said  town, 
upon  such  lands  as  they  may  acquire  by  purchase  or  otherwise,  and 
for  said  purposes  of  constructing  said  tunnels  and  laying  down  said 
wa/ter  pipes,  the  right  is  hereby  granted  to  cross  or  use  lengthwise  the 
streets,  avenues,  highways  and  alleys  in  said  town,  within  the  limits 
aforesaid. 

1 2.  Water  to  be  sold  to  town  only — agreed  compensation.] 

§ 2.  The  permission  and  authority  hereby  granted  are  upon  the  ex- 
press condition  that  none  of  the  water  going  through  said  tunnels  or 
pipes  shall  be  sold  by  the  said  parties  within  the  limits  of  said  town 
to  any  individuals  or  corporations,  except  to  the  municipal  corpora- 
tion of  said  town,  or  its  successors  or  assigns;  and  that  as  a condi- 
tion for  the  grant  of  said  authority  herein  given  the  said  town  of  Lake, 
or  its  successors  or  assigns,  shall  have  the  right  to  purchase  water 
for  the  said  town,  or  their  successors  or  assigns,  for  the  use  of  said 
town,  or  its  successors  or  assigns,  and  the  inhabitants  thereof,  at  a 
reasonable  rate  of  compensation  to  be  agreed  upon  by  the  said  town, 
or  its  successors  or  assigns,  and  the  said  parties  or  their  assigns. 

T 3.  Conditions  as  to  streets,  and  underground  work  already 
laid— excavations.]  § 3.  The  said  parties,  or  their  assigns,  shall  do 
no  permanent  injury  to  any  highway,  street,  sidewalk,  alley  or  public 


33] 


JOHN  B.  SHERMAN,  IRUS  COY.  AND  OTHERS. 


313 


place,  or  shade  trees,  and  shall  not  in  any  manner  interfere  with  any 
water  or  sewer  pipes  which  are  now  or  may  be  hereafter  laid  by  the 
said  town,  or  its  successors  or  assigns,  except  by  the  consent  of  duly 
authorized  officers  of  said  town;  and  when  said  parties,  or  their  as- 
signs, shall  open  ground  in  any  highway,  alley  or  public  place,  or 
expose  any  viaduct,  sewer  or  gas  pipe,  said  parties,  or  their  assigns, 
shall  put  in  proper  signal  lights  and  shall  forthwith  restore  the  street, 
highway,  avenue,  alley,  water  pipe,  sewer  or  gas  pipe  in  as  good  con- 
dition as  before,  at  their  own  expense,  under  the  direction  of  the 
superintendent  of  public,  works,  or  other  authorized  officer,  and  to  the 
satisfaction  of  the  board  of  trustees  of  said  town;  and  if  the  said  par- 
ties, or  their  assigns,  shall  neglect  or  refuse  so  to  do,  the  same  shall 
be  done  by  the  said  town,  or  its  successors  or  assigns,  and  the  said 
parties,  or  their  assigns,  shall  be  liable  for,  and  by  the  acceptance  of 
this  ordinance  agrees  to  pay,  the  cost  and  entire  expense  thereof;  and 
the  said  parties  or  their  assigns,  shall  not  make  any  excavation  in  any 
highway,  street,  alley  or  public  place,  without  first  procuring  a written 
permit  for  that  purpose  from  the  superintendent  of  public  works,  or 
other  duly  authorized  officer,  of  said  town,  which  permit  may  specify 
in  which  part  of  the  street,  sidewalk,  avenue  or  public  place  said  work 
may  be  done;  and  when  an  excavation  shall  be  made  by  said  parties  in 
any  highway,  street,  avenue  or  public  place  paved  with  wooden  blocks, 
the  foundation  board  shall  be  removed  without  being  cut,  unless  such 
cutting  shall  be  specially  permitted  by  the  proper  officers  of  said  town; 
the  said  parties,  or  their  assigns,  shall,  upon  notice  from  such  officer  of 
said  town,  forthwith  remove  or  change  any  material,  workmen,  or  im- 
plements which  may  be  in  the  way  of,  or  interfere  with  the  public  use 
of  any  street,  including  the  construction  or  erection  of  any  viaduct, 
sewer,  or  water  pipe,  public  building  or  public  structure,  within  said 
town. 

! 4.  Damage  to  town  or  individuals.]  § 4.  Said  parties,  or 
their  assigns,  shall  be  liable  to,  and  by  acceptance  of  this  ordinance, 
agree  to  compensate  the  said  town,  or  its  successors  or  assigns,  and 
pay  any  private  individual  owner,  or  owners  or  parties  interested  in 
any  property  adjacent  to  any  highway,  street,  avenue,  or  alley  or  public 
place,  opened  or  injured  by  them,  for  all  damage  which  may  result 
from  or  by  reason  of  said  parties,  or  their  assigns,  having  negligently 
opened,  encumbered,  protected  or  guarded  any  such  highway,  street, 
avenue,  or  public  place  in  said  town;  or  from  or  by  reason  of  any  neg- 
ligence or  fraud  on  the  part  of  said  parties,  or  their  assigns,  in  the 
exercise  of  any  privileges  granted  by  this  ordinance. 

T 5.  Granting  of  permits  or  licenses— commencement  and 

completion  of  works.]  § 5.  In  case  the  duties  herein  prescribed  to 
be  performed  by  the  superintendent  of  public  works,  or  other  authority, 
shall  devolve  upon  any  other  department  or  officer,  the  permits  and 
licenses  herein  mentioned,  shall  be  granted  by  such  department  or  of- 


314 


PIPE  LINES. 


[§  134 


ficer,  and  the  duties  herein  imposed  upon  the  superintendent  of  public 
works  shall  be  performed  by  such  officer  or  department,  work  to  be 
commenced  within  two  years  from  July  9th,  1889^  and  to  be  completed 
within  six  years  from  said  date. 

X 6.  Acceptance  — bond.]  The  rights  and  privileges  here- 
by granted  are  upon  the  express  condition  that  said  parties,  or  their 
assigns,  shall  file  an  acceptance  thereof  in  writing  and  execute  a bond 
to  the  said  town  of  Lake,  in  the  sum  of  one  hundred  thousand  dollars, 
conditioned  to  indemnify  and  save  harmless  the  said  town  of  Lake  of 
and  from  all  damage  which  may  accrue,  or  which  in  any  manner  may 
arise  or  grow  out  of  the  exercise  by  said  parties,  or  their  assigns,  of 
the  privileges  hereby  granted;  and  said  acceptance  shall  be  filed  and 
bond  shall  be  executed  and  approved  by  the  board  of  trustees  within 
sixty  days  from  the  passage  of  this  ordinance;  the  execution  of  said 
acceptance  and  said  bond  by  said  parties,  or  their  assigns,  and  their 
delivery  to,  and  approval  by  the  said  board  of  trustees,  or  their  succes- 
sors or  assigns,  shall  thenceforth  authorize  the  said  parties,  or  their 
assigns,  to  exercise  all  and  singular  the  rights  and  privileges  hereby 
granted. 


WAUKESHA  HYGEIA  MINERAL  SPRINGS  COMPANY. 

§ 134.  Waukesha  Hygeia  Mineral  Springs  Company. 

If  1.  Grant — route. 

IT  2.  Non-interference  with  navigation. 

3.  Underground  construction. 

4.  Restoration  of  streets. 

if  5*  Use  limited  to  water  from  springs. 

6.  Damages. 

If  7-  Bond. 

if  8.  Liability  not  measured  by  bond. 

IF  9-  When  in  force — acceptance. 

An  ordinance  granting  ^permission  and  authority  to  the  Waukesha  Hygeia 
Mineral  Springs  company  to  lay  pipes  underground,  for  conducting  and  con- 
veying spring  or  mineral  water.  (Passed  July  20,  1891.  Accepted  August 
20,  1891.) 

If  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  permission  and  authority  be,  and  the  same 
are,  hereby  granted  to  the  Waukesha  Hygeia  Mineral  Springs  Com- 
pany, its  successors  and  assigns,  to  construct,  lay  down,  maintain,  re- 
pair and  operate  a single  metal  pipe,  not  more  than  twelve  (12)  inches 
in  diameter,  for  conducting  or  conveying  spring  or  mineral  water, 
along  and  under  the  following  streets,  avenues  and  alleys  in  the  city  of 
Chicago,  viz.:  From  Devon  street,  or  northern  city  limits,  on  Clark 


g 134]  WAUKESHA  HYGEIA  MINERAL  SPRINGS  COMPANY.  315 

street  to  Balmoral  avenue;  thence  west  on  Balmoral  avenue  to  Robey 
street;  thence  south  on  Robey  street  to  Wrightwood  avenue;  thence 
east  on  Wrightwood  avenue  to  Southport  avenue;  thence  south  on 
Southport  avenue;  thence  on  Fullerton  avenue  to  Ward  street;  thence 
on  Ward  street  to  Hawthorne  avenue;  thence  southeasterly  on  Haw- 
thorn avenue  to  Larrabee  street;  thence  south  on  Larrabee  street  to 
Chicago  avenue;  thence  east  on  Chicago  avenue  to  Kingsbury  street; 
thence  south  on  Kingsbury  street  to  Kinzie  street;  thence  east  on  Kin- 
zie  street  to  Market  street;  thence  south  on  Market  street  to  the  river; 
thence  across  the  river  to  South  Franklin  street;  thence  south  on 
Franklin  street  to  Van  Buren  street;  thence  east  on  Van  Buren  street 
to  the  alley  between  State  street  and  Wabash  avenue;  thence  south  on 
said  alley,  between  State  street  and  Wabash  avenue,  to  Twenty-second 
(22nd)  street;  thence  west  on  Twenty-second  (22nd)  street  to  State 
street;  thence  south  on  State  street  to  Thirty-first  (31st)  street;  thence 
east  on  Thirty-first  (31st)  street  to  the  alley  between  State  street  and 
Wabash  avenue;  thence  south  on  said  alley  to  Fifty-first  (51st)  street; 
thence  east  on  Fifty-first  (51st)  street  to  Calumet  avenue;  thence  south 
on  Calumet  avenue  to  Sixty-first  (61  st)  street;  thence  east  on  Sixty- 
first  (61  st)  street  to  Madison  avenue;  thence  south  on  Madison  avenue 
to  Sixty-third  (63rd)  street;  thence  east  on  Sixty-third  (63rd)  street  to 
the  east  line  of  Stony  Island  avenue,  to  the  entrance  of  the  Columbian 
Exposition  grounds,  or,  from  a point  at  the  intersection  of  the  said 
alley  between  State  street  and  Wabash  avenue  and  Sixteenth  (16th) 
street,  east  on  Sixteenth  (16th)  street  to  its  eastern  terminus,  or  the 
right  of  way  of  the  Illinois  Central  Railroad  Company;  thence  along 
said  right  of  way,  with  authority  to  cross  such  streets,  avenues  and 
alleys  as  may  be  necessary,  to  the  entrance  of  the  Columbian  Exposi- 
tion grounds. 

If  2.  Non-interference  with  navigation,]  § 2.  Said  pipes 
shall  be  laid  at  the  bottom  of  or  under  the  bed  of  the  Chicago  river  so 
as  in  no  wise  to  interfere,  now  or  hereafter,  with  the  navigation  of  said 
river  and  its  branches. 

1 3.  Underground  construction.]  § 3.  Said  pipes  shall  be 
under  ground  and  shall  be  constructed  under  the  supervision  and  to 
the  satisfaction  of  the  commissioner  of  public  works. 

If  4.  Restoration  of  streets.]  § 4.  Said  company  shall  do 
no  permanent  injury  to  any  street,  avenue  or  alley,  or  in  any  manner 
interfere  with  any  water,  sewer  or  gas  pipes,  telegraph  or  electric  wires, 
cables  or  pipes  which  are  now  or  may  hereafter  be  laid  by  the  city  of 
Chicago  or  any  authorized  company  or  corporation;  and,  when  said 
company  shall  open  ground  in  any  alley,  avenue  or  street  to  lay  such 
pipes  it  shall  forthwith  restore  the  same  to  as  good  condition  as  before, 
at  its  own  expense  and  under  the  supervision  and  to  the  satisfaction 
of  the  department  of  public  works;  and,  if  the  said  company  shall  fail 
so  to  do,  the  same  may  be  done  by  the  city,  and  the  expense  thereof 


316 


PIPE  LINES. 


[§  134 


collected  from  said  company.  No  pipes  shall  be  laid  by  said  company 
except  upon  written  permit  of  the  commissioner  of  public  works,  which 
permit  shall  specify  where  said  pipes  shall  be  laid  and  the  terms  and 
conditions  upon  which  the  same  shall  be  placed  under  ground. 

f 5.  Use  limited  to  water  from  springs.]  § 5.  The 
privileges  herein  granted  are  upon  the  express  condition  that  under  no 
circumstances  shall  any  other  material  than  the  water  from  these 
springs  be  conveyed  through  this  line  of  pipe  and  no  permission  shall 
ever  be  granted  to  tap  the  said  pipe  at  any  point  to  make  connection 
with  any  residence  or  other  building  within  the  present  or  future  lim- 
its of  the  city  of  Chicago,  except  such  buildings  as  may  be  erected  by 
said  company  for  distributing  or  bottling  depots. 

6.  Damages.]  § 6.  Said  company  shall  be  liable  to  and 

shall  compensate  the  city  .of  Chicago  and  pay  any  private  individual 
owner  or  owners  or  parties  interested  in  any  property  adjacent  to  any 
street,  avenue  or  alley  opened  or  injured  by  it  for  all  damages  which 
may  result  therefrom,  or  by  reason  of  such  company  having  negli- 
gently opened,  incumbered,  protected  or  guarded  any  such  street  or 
alley  in  said  city  or  from  or  by  reason  of  any  negligence  or  fault  on 
the  part  of  said  company  in  the  exercise  of  any  of  the  privileges 
granted  by  this  ordinance.  ; 

7.  Bond.]  § 7.  This  ordinance  shall  not  take  effect  until 
said  company  shall  have  executed  a bond  to  the  city  of  Chicago,  in 
the  penal  sum  of  fifty  thousand  ($50,000)  dollars,  with  sureties  satis- 
factory to  said  commissioner  of  public  works,  conditional  to  indemnify 
the  city  of  Chicago  of  and  from  all  damages  which  may  accrue  or  may 
in  any  way  arise  or  grow  out  of  the  exercise  by  said  company  of  the 
privileges  hereby  granted,  which  said  bond  shall  be  executed  and  ap- 
proved within  thirty  (30)  days  from  the  passage  of  this  ordinance. 

If  8.‘  Liability  not  measured  by  bond.]  § 8.  The  lia- 
bility of  said  company  to  said  city  or  to  any  person  or  company  who 
may  be  injured  by  the  exercise  by  said  company  of  any  of  the  rights 
and  privileges  granted  by  this  ordinance  shall  not  be  limited  by  the 
penalty  of  said  bond,  it  being  understood  that  such  remedy  is  merely 
cumulative  and  that  said  city  of  Chicago  and  any  person  or  persons 
shall  have  the  same  remedies  against  said  company  as  it  or  they  would 
or  might  have  if  no  such  bond  were  given.  Said  company  shall  be 
subject  to  all  general  ordinances  of  the  city,  now  in  force  or  which 
may  hereafter  be  passed  in  relation  to  companies  laying  pipes  in  said 
city  of  Chicago. 

If  9!  When  in  force— acceptance.]  § 9.  This  ordinance  shall 
be  in  force  and  effect  from  and  after  its  passage  and  acceptance,  in 
writing,  by  said  company. 

Note. — See  ordinance  following  amending  route. 


;§  135,  J36]  WAUKESHA  HYGEIA  MINERAL  SPRINGS  COMPANY. 


31 1 


§ 135.  Waukesha  Hygeia  Mineral  Springs  Company. 

If  1.  Amending  section  of  foregoing  ordinance. 

If  2.  When  to  take  effect. 

An  ordinance  amending  an  ordinance  entitled  “An  ordinance  granting  permis- 
sion and  authority  to  the  Waukesha  Hygeia  Mineral  Springs  Company  to  lay 
pipes  underground  for  conducting  and  conveying  spring  and  mineral  water,  ’ ' 
passed  by  the  city  council  of  the  city  of  Chicago  on  the  20th  day  of  July, 
1S91.  (Passed  September  12,  1892.) 

If  1.  Amending  section  one  of  foregoing  ordinance.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
section  1 of  the  ordinance  passed  by  the  city  council  of  the  city  of  Chi- 
cago, on  the  20th  day  of  July,  1891,  granting  permission  and  authority 
to  the  Waukesha  Hygeia  Mineral  Spring  Company  to  lay  pipes  under 
ground  for  conducting  and  conveying  spring  or  mineral  water,  be  and 
the  same  is  hereby  amended  as  follows:  There  shall  be  stricken  out 
of  said  ordinance  the  following  words  and  description  of  route,  viz.: 
‘‘From  Devon  street,  or  northern  city  limits,  on  Clark  street  to  Bal- 
moral avenue;  thence  west  on  Balmoral  avenue  to  Robey  street;  thence 
south  on  Robey  street  to  Wrightwood  avenue;  thence  east  on  Wright- 
wood  avenue  to  Southport  avenue;  thence  south  on  Southport 
avenue;  thence  on  Fullerton  avenue  to  Ward  street;  thence  on  Ward 
street  to  Hawthorne  avenue.”  And  in  lieu  thereof,  the  following  words 
and  description  of  route  shall  be  inserted  in  said  ordinance,  to  have 
the  same  force  and  effect  as  if  the  same  had  been  originally  inserted  in 
and  made  a part  of  the  said  ordinance,  to-wit:  From  the  intersection 

of  Clark  street  and  Devon  street  or  northern  city  limits  on  Devon 
street  to  Western  avenue;  thence  from  Devon  street  on  Western  ave- 
nue to  Lincoln  avenue;  thence  on  Lincoln  avenue  to  Addison  street; 
thence  on  Addison  street  to  Paulina  street;  thence  south  to  Wright- 
wood avenue;  thence  on  Wrightwood  avenue  to  Perry  street;  thence 
on  Perry  street  to  the  alley  next  south  of  Fullerton  avenue;  thence 
on  said  alley  to  Ward  street;  thence  on  Ward  street  to  Nursery  street; 
thence  on  Nursery  street  to  Herndon  street;  thence  on  Herndon  street 
to  Hawthorne  avenue. 

2.  When  to  take  effect.]  § 2.  This  ordinance  shall  be 
in  force  from  and  after  its  passage. 

§ 136.  The  Waukesha  Hygeia  Mineral  Springs  Company. 

If  1.  Route. 

If  2.  Time  of  completion. 

If  3.  Not  to  interfere  with  any  underground  work — acceptance  con- 
strued. 

1[  4.  Use  limited  to  conveying  mineral  spring  water  only. 

If  5.  Compensatory  damages. 

If  6.  Sale  of  water  in  village. 

If  7.  Grant  construed— permits  for  work. 

it  8.  Acceptance. 

it  9.  Deposit — bond. 

If  10.  When  in  force. 


318 


PIPE  LINES. 


[§  136 


An  ordinance  granting  to  the  Waukesha  Hygeia  Mineral  Springs  company  the 

right  to  construct,  operate  and  maintain  a pipe  line  for  the  distribution  of 

spring  and  mineral  water  along  certain  streets  in  the  village  of  West  Ridge. 

(Passed  and  approved  August  23,  1892.) 

If  1.  Route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  West  Ridge,  Illinois:  § 1.  That  the  right  is 
hereby  granted  to  the  Waukesha  »Hygeia  Mineral  Springs  Company, 
a corporation,  its  successors  and  assigns,  to  lay,  construct,  maintain 
and  operate  a pipe  line  consisting  of  a single  metal  pipe  not  more  than 
12  inches  in  diameter  and  all  necessary  service  pipes  and  appliances 
in  connection  therewith,  for  the  distribution  of  spring  or  mineral 
water,  along,  upon  and  over  the  following  streets  and  avenues  in  the 
village  of  West  Ridge,  viz.:  From  the  eastern  village  limits  on  May 
street  to  Asbury  avenue,  thence  north  on  Asbury  avenue,  to  northern 
village  limits,  or  from  southern  village  limits  on  Asbury  avenue  to 
northern  village  limits,  including  the  right  to  connect  said  water 
pipe  with  one  or  more  distributing  stations  to  be  located  upon  property 
to  be  acquired  or  leased  by  said  company  contiguous  to  the  route 
chosen  by  it  under  the  provisions  of  this  ordinance.  All  the  foregoing 
to  be  upon  the  conditions  and  terms  hereinafter  stated. 

If  2.  Time  of  completion.]  § 2.  Said  pipe  shall  be  laid 
under  ground  and  shall  be  constructed  on  or  before  the  first  day  of 
May,  1893. 

1 3.  Not  to  interfere  with  any  underground  work — ac- 
ceptance construed.]  § 3.  Said  company  shall  do  no  permanent 
injury  to  any  street  or  avenue  in  said  village  or  in  any  manner  interfere 
with  any  water,  sewer  or  gas  pipes,  telegraph  or  electrical  wires  or 
pipes,  which  are  now  or  may  hereafter  be  laid  by  the  village  of  West 
Ridge  or  any  authorized  company  or  corporation  and  whenever  said 
company  shall  open  ground,  or  disturb  the  surface  of  any  street  in 
any  way,  to  do  any  work,  to  lay  any  pipes  or  make  connection  there- 
with, it  shall  as  soon  as  such  pipe  is  laid  or  connection  made  forth- 
with at  its  own  expense,  restore  such  street  and  any  pavement  therein 
to  as  good  condition  as  it  was  in  immediately  prior  to  the  doing  of 
such  work  by  such  company.  And  if  said  company  shall  fail  to  do  so, 
forthwith  upon  the  completion  of  such  work,  said  street  and  pave- 
ment may  be  restored  by  the  village  and  the  expense  thereof  collected 
from  said  company.  Any.  work  done  by  said  company  under  this  or- 
dinance shall  be  construed  as  an  acceptance  of  the  provisions  of  this 
ordinance. 

t 4.  Use  limited  to  conveying  mineral  spring  water  only.] 

§ 4.  Said  company  shall  under  no  circumstances  use  said  pipes 
or  permit  any  other  company  or  corporation  to  use  said  pipes  for  the 
conducting  and  distributing  of  any  other  material  than  the  water  from 
the  springs  of  said  company,  now  owned  or  hereafter  acquired  by  said 
company,  at  or  near  Waukesha,  Wisconsin. 

Tf  5.  Compensatory  damages.]  § 5.  Said  company  shall 


§ 136]  WAUKESHA  HYGElA  MINERAL  SPRINGS  COMPANY.  319 

be  liable  for  and  shall  compensate  the  village  of  West  Ridge  for  all 
damages  which  may  result  by  reason  of  said  company  having  negli- 
gently opened,  encumbered  or  guarded  any  such  street  or  avenue  in 
said  village,  or  from  or  by  reason  of  any  negligence  or  fault  on  the 
part  of  said  company,  its  agents  and  employes,  in  the  exercise  of  any 
of  the  privileges  granted  by  this  ordinance. 

1 6.  Sale  of  water  in  village.]  § 6.  Said  company  shall 
keep  or  cause  to  be  kept  its  spring  or  mineral  water  on  sale  in  said 
village,  and  its  maximum  price  to  residents  of  said  village  shall  not 
exceed  one  dollar  per  ten  (io)  gallons,  and  said  rate  shall  never  ex- 
ceed the  rate  charged  to  the  residents  of  the  city  of  Chicago  therefor. 

If  7.  Grant  construed — permits  for  work.]  § 7.  Nothing 
herein  contained  shall  be  construed  to  alter,  modify,  or  in  any  way  re- 
peal the  general  street  ordinances  of  said  village,  and  permits  shall  be 
obtained  by  said  company  from  the  authorities  of  said  village  before 
any  work  is  done  upon  any  street  by  said  company  under  this  ordin- 
ance and  all  work  done  by  said  company  shall  be  done  at  all  times 
under  the  supervision  of  the  committee  on  streets  and  alleys  of  said 
village. 

If  8.  Acceptance.]  § 8.  Said  company  shall  accept  this  or- 
dinance in  writing  to  be  filed  with  the  village  clerk,  within  thirty  (30) 
days  from  the  passage  of  this  ordinance,  otherwise  this  ordinance  shall 
be  null  and  void. 

If  9.  Deposit  — bond.]  § 9.  At  the  time  of  obtaining  any 
permit  to  proceed  with  the  work  authorized  by  this  ordinance,  said 
company  shall  pay  into  the  village  treasury  of  said  village  for  general 
village  purposes  a sum  of  money  to  be  computed  at  the  rate  of  one 
hundred  and  fifty  ($150.00)  dollars  per  mile  of  main  pipe  proposed 
to  be  laid  by  it  under  this  ordinance  and  shall  also  file  therewith  a bond 
with  surety  to  be  approved  by  the  village  board  with  a penalty  fixed 
at  the  rate  of  two  thousand  five  hundred  ($2,500.00)  dollars  per  mile  of 
pipe,  as  specified  in  said  permit,  conditioned  for  the  faithful  observance 
by  said  company  and  its  agents  and  servants  of  all  ordinances  of  said 
village  and  for  the  payment  of  all  damages,  costs  and  expenses  result- 
ing to  said  village  by' reason  of  the  issuance  of  said  permit  or  the  non- 
performance by  said  company  of  the  provisions  of  this  ordinance. 

If  10.  When  in  force.]  § 10.  This  ordinance  shall  be  in 
force  from  and  after  its  passage  and  its  acceptance  in  writing  by  the 
officers  of  said  company  as  above  provided. 


CHAPTER  VI.— PNEUMATIC  TUBES. 


§ 137.  Chicago  Power  Supply  and  Smoke  Abating  Company. 
§ 138.  James  W.  Beach. 


CHICAGO  POWER  SUPPLY  AND  SMOKE  ABATING  COM- 
PANY. 

§ 137.  Chicago  Power  Supply  and  Smoke  Abating  company. 

1.  Grant — conditions. 

IT  2.  Main  pipes — feeders — supervision. 

3.  Restoration  of  streets — permits — removal  of  pipes. 

4.  Construction — safeguard. 

5.  Indemnity. 

■[[  6.  Time  for  completion. 

If  7.  Bond — conditions. 

it  ll/z*  Compensation. 

Tf  8.  In  force. 

An  ordinance  authorizing  the  Chicago  Power  Supply  and  Smoke  Abating  com- 
pany to  place,  maintain  and  operate  a line  of  pipes  and  pneumatic  tubes 
in  the  city  of  Chicago.  (Passed  February  29,  1892.  Accepted  March  5,  1892.) 

If  1.  Grant  — conditions.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  Subject  to  the  terms  and  conditions  of 
this  ordinance,  there  is  hereby  granted  to  the  Chicago  Power  Supply 
and  Smoke  Abating  Company,  its  successors  and  assigns,  the  right  to 
construct  and  operate  works  for  the  manufacture  of  compressed  air, 
motors  and  fittings  for  same,  and  for  pneumatic  appliances  within  the 
city  of  Chicago.  Also,  the  right  of  way  along,  upon  and  under  all  the 
avenues,  streets,  alleys  and  public  places  in  said  city  for  the  purpose 
of  placing,  operating,  repairing  and  maintaining  a line  or  lines  of 
mains,  pipes  and  pneumatic  tubing  and  all  necessary  service  pipes  and 
appliances  in  connection  therewith,  for  the  distribution  of  compressed 
air  for  motive  power  and  for  heating,  cooling  and  sanitary  ventilation; 
also,  for  the  transmission  of  power,  articles  and  materials  through 
tubes;  Provided,  however,  no  oil  or  gas  shall  be  transmitted  through 
said  tubes.  The  size  of  the  pipes  to  be  laid  by  the  company  and  the 
depth  at  which  such  pipes  shall  be  laid  shall  be  determined  by  the  com- 
missioner of  public  works. 

If  2.  Main  pipes  -feeders — supervision.]  § 2.  Such  company 
or  corporation  shall  not  lay  its  main  pipes  in  any  such  avenue,  street, 
alley  or  public  place  of  said  city  unless  it  shall,  at  the  time,  lay  down 
all  feeders  or  service  pipes  necessary  to  make  connection  with  each 
and  all  building  lots  fronting  or  abutting  thereon,  and  no  subsequent 

320 


§ 137]  CHICAGO  POWER  SUPPLY  AND  SMOKE  ABATING  COMPANY.  321 

disturbance  of  the  pavement  or  surface  of  such  avenue,  street  or  public 
place,  except  by  permission  of  the  commissioner  of  public  works;  Pro- 
vided, that  the  main  or  distributing  pipes  shall  be  laid  on  such  portion 
of  the  public  highway  as  the  commissioner  of  public  works  may  direct 
and,  at  all  intersecting  streets  which  are  improved,  the  main  or  dis- 
tributing pipes  shall  be  laid  at  right  angles  thereto  and  extend  to  the 
building  line.  Whenever  in  the  judgment  of  the  commissioner  of  pub- 
lic works  it  is  practicable  to  do  so,  the  main  pipes  of  this  company  shall 
be  laid  in  the  alleys  in  preference  to  the  streets. 

If  3.  Restoration  of  streets  — permits — removal  of  pipes,] 
§ 3.  The  said  company  or  corporation  shall  do  no  permanent  injury 
to  any  street,  sidewalk,  alley,  avenue  or  public  place,  or  shade  tree,  or 
in  any  manner  unnecessarily  disturb  or  interfere  with  any  water  pipe, 
sewer,  gas  pipe,  conduit  or  other  underground  work  now  or  hereafter 
laid  by  said  city,  or  any  authorized  company  or  corporation;  and,  when 
said  company  shall  open  ground  in  any  street,  it  shall  forthwith  restore 
the  street,  pavement,  sidewalk,  ground  or  water  pipe,  conduit  or  other 
underground  work  to  a condition  equally  as  good  as  before,  at  the  ex- 
pense of  said  company,  and  if  said  company  shall  fail  or  refuse  so  to  do, 
the  same  may  be  done  by  said  city  and  the  said  company  shall  be  lia- 
ble for  and  pay  the  costs  thereof.  Said  company  shall  not  make  any 
excavation  in  any  street,  avenue,  alley  or  public  place  without  first 
obtaining  a permit  for  that  purpose  from  the  commissioner  of  public 
works  of  said  city.  The  said  company  shall  not  use  the  public  fire 
hydrants  of  said  city  or  any  water  therefrom  without  paying  for  same 
under  a license  and  permit  from  the  commissioner  of  public  works 
of  said  city.  The  said  company  shall  upon  notice  from  the  commis- 
sioner of  public  works  of  said  city  remove  or  change  any  main  service 
pipe,  tube  or  feeder  which  may  be  in  the  way  or  interfere  with  the  con- 
struction or  erection  of  any  viaduct,  public  building  or  any  other  pub- 
lic structure;  and  whenever  said  city  shall  construct  or  form  into  a gen- 
eral subway  any  street,  avenue,  alley  or  other  public  highway,  on  or 
through  which  any  main  pipes  or  pneumatic  tubes  authorized  by  this 
ordinance  may  be  located,  said  company,  upon  due  notice  from  proper 
city  authorities,  shall  occupy  said  subway  and  place  and  maintain  its 
pipes,  tubes  and  appurtenances  therein  at  its  own  cost  and  expense. 

If  4.  Construction  — safeguards.]  § 4.  Such  company  or 
corporation  shall  not  open  or  incumber  more  of  any  street,  avenue, 
alley  or  public  place  at  any  one  time  than  may  be  necessary  to  enable 
it  to  proceed  with  advantage  in  the  laying  of  such  main  pipes,  tubing, 
feeders  or  service  pipes;  nor  shall  said  company  permit  any  such 
street,  avenue,  alley  or  public  place  to  remain  open  or  encumbered  for 
a longer  period  than  shall  be  necessary  to  execute  the  work  for  which 
the  same  shall  have  been  opened,  or  without  putting  up  the  necessary 
barriers  and  lights  so  as  to  effectually  prevent  the  happening  of  any 
accident  in  consequence  of  such  opening  or  encumbering  of  such  street, 
21 


322 


PNEUMATIC  TUBES. 


alley,  avenue  or  public  grounds;  nor  shall  any  two  next  parallel  streets 
be  excavated  at  the  same  time. 

If  5.  Indemnity.]  § 5.  Such  company  or  corporation  shall 
be  liable  to  and  shall  compensate  the  city  of  Chicago  and  pay  any  pri- 
vate individuals,  owner  or  owners,  or  parties  in  any  property  adjacent 
to  any  street,  avenue,  alley  or  public  place  opened  or  injured  by  it  for 
all  damages  which  may  result  from  such  company  having  neglectfully 
opened,  encumbered,  protected  or  guarded  any  such  street,  avenue, 
alley  or  public  place  in  said  city;  Provided,  said  company  shall  in  the 
exercise  of  the  rights  and  privileges  hereby  granted  be  subject  to  all 
laws  and  ordinances  relating  to  nuisances. 

If  6.  Time  for  completion.]  § 6.  This  ordinance  is  granted 
upon  the  express  condition  that  said  company  shall,  within  two  years 
from  the  date  of  the  acceptance  of  this  ordinance,  have  laid  and  ready 
for  operation  at  least  three  (3)  miles  of  its  main  pipes  within  the  limits 
of  the  city  of  Chicago,  and  unless  it  shall  so  have  constructed  and  laid 
the  number  of  miles  of  distribution  pipes  herein  referred  to,  then  and 
under  these  conditions  this  ordinance  shall  be  and  become  void  and  of 
no  effect,  at  the  option  of  the  city  council ; Provided,  however,  that  the 
time  during  which  any  legal  proceedings  shall  be  pending,  whereby 
the  said  company,  its  successors  and  assigns,  shall  be  prevented  from 
or  delayed  in  complying  with  the  requirements  of  this  section,  shall 
not  be  taken  or  deemed  any  part  of  the  time  specified;  Provided  fur- 
ther, however,  that  the  city  of  Chicago  may  intervene  in  any  suit  and 
move  for  its  dismissal  in  the  name  of  said  company  in  case  such  suit 
may  be  deemed  by  the  city  collusive,  or  for  the  purpose  of  delay  or 
extension  of  the  time  herein  specified. 

1|  7.  Bond  — conditions.]  § 7.  The  said  company  shall  file 
with  the  city  clerk  a good  and  sufficient  bond,  to  be  approved  by  the 
mayor,  in  the  penal  sum  of  fifty  thousand  ($50,000)  dollars,  conditioned 
that  such  company  shall  comply  with  all  the  terms  and  conditions  of 
this  ordinance  and  shall  indemnify  and  save  harmless  the  city  of  Chi- 
cago against  and  from  any  and  all  damages,  judgments,  decrees  and 
costs  of  whatever  kind  or  nature,  by  reason  of  the  passage  of  this  or- 
dinance and  'the  exercise  of  any  rights  and  privileges  hereby  or  herein 
granted. 

If  1%.  Compensation.]  § yy2.  Said  company  shall  pay  an- 
nually to  the  city  of  Chicago,  for  and  in  consideration  of  the  rights 
and  privileges  hereby  granted,  an  amount  equal  to  five  (5)  per  cent  of 
the  gross  revenue  or  receipts  of  said  company.  Such  payment  shall 
be  made  in  the  manner  following:  At  the  expiration  of  one  year  from 
the  time  when  said  company  shall  commence  to  distribute  heat  and 
power  to  consumers  in  the  city  of  Chicago,  the  president  or  other  chief 
officer  of  the  company  shall  file  with  the  city  comptroller  a statement, 
verified  under  oath,  showing  the  amount  of  the  gross  annual  revenue 
or  receipts  of  said  company  for  the  preceding  year  and  shall,  at  the 


§ 138] 


JAMES  W.  BEACH. 


323 


same  time,  pay  to  said  comptroller  the  said  amount  of  five  (5)  per  cent 
on  the  annual  gross  revenue  receipts.  Said  payment  to  be  made  as 
herein  prescribed  annually  during  the  term  of  this  ordinance. 

«f  8.  In  force.]  § 8.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  the  filing  and  approval  of 
the  bond  herein  required  and  the  acceptance  thereof  by  said  company; 
Provided*  that  if  the  said  approved  bond  and  acceptance  be  not  filed 
within  ninety  days  of  the  passage  hereof  this  ordinance  shall  be  void 
and  of  no  effect. 


JAMES  W.  BEACH. 

§ 138.  James  W.  Beach. 

1.  Grant — route. 

*[[  2.  Construction — supervision. 

^f  3.  Bond. 

"17  4.  Restoration  of  streets, 
it  5.  Excavations — repairs. 

If  6.  Time  for  completion, 
it  7.  Exception  as  to  time  limit. 

If  8.  Number  and  location  of  pipes, 
it  9.  Acceptance. 

An  ordinance  granting  to  James  W.  Beach,  his  heirs  and  assigns,  permission 
and  authority  to  construct,  lay,  place,  maintain,  renew  and  operate  pneu- 
matic tubes  or  conduits  for  the  transmission  of  mail  or  packages  with  all 
suitable  switches,  turnouts,  connections,  chutes  or  stations  in,  along  and 
upon  certain  streets  and  avenues  in  the  village  of  Fernwood.  (Passed  and 
approved  April  14,  1891.) 

If  1.  Grant— route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Fernwood:  § 1.  That  permission  and 

authority  is  hereby  granted  to  James  W.  Beach,  his  heirs  and  assigns, 
to  construct,  lay,  place  and  maintain  and  operate  pneumatic  tubes  or 
conduits  with  all  suitable  switches,  turnouts,  connections,  chutes  or 
stations  in  or  along  and  upon  the  following  named  streets  and  avenues, 
in  the  village  of  Fernwood,  that  is  to  say:  The  first  alley  east  of  Hal- 
sted  street,  Beach  avenue  and  Clinton  street,  from  the  north’  to  the 
south  boundary  line  of  said  village,  99th  street,  100th  street.  101st 
street,  102nd  street  and  95th  street  from  the  east  to  the  west  boundary 
line  of  said  village  and  Murray  street  from  100th  street  to  101st  street 
and  Gillette  avenue  from  north  to  south  boundary  line  and  in  first 
alley  north  of  Tracy  avenue  between  Clinton  and  Park  avenue. 

If  2.  Construction— supervision.]  § 2.  That  said  pneumatic 
pipes  and  conduits  shall  be  laid  or  constructed  and  placed  subject  to 
the  inspection  or  supervision  of  the  street  commissioner  of  said  vil- 
lage. 


324 


PNEUMATIC  TUBES. 


[§  138 


t 3.  Bond.]  § 3.  That  before  any  excavation  in  any  street 
or  avenue  shall  be  made,  a bond  shall  be  filed  by  the  said  Beach,  his 
heirs  or  assigns  in  the  penal  sum  of  two  thousand  dollars,  conditioned 
to  hold  the  said  village  harmless  from  all  loss  or  damage  to  it  accru- 
ing through  any  suits  at  law  or  in  equity  or  through  the  negligence 
or  carelessness  of  the  employees  of  said  Beach,  his  heirs  and  assigns, 
in  making  excavations  for  said  tubes  or  conduits  and  all  suits  brought 
vs.  the  village  for  reason  of  granting  this  franchise,  Mr.  Beach  will  de- 
fend at  his  own  expense. 

If  4.  Restoration  of  streets.]  § 4.  All  excavations  in  said 
streets,  alleys  and  avenues  shall  as  soon  as  conveniently  may  be,  after 
said  tubes  or  conduits  are  laid  therein,  be  filled  and  restored  so  nearly 
as  is  practicable  to  their  former  condition. 

1 5.  Excavations — repairs.]  § 5.  Whenever  an  excavation 
in  any  of  said  streets,  alleys  or  avenues  is  made  for  the  purpose  of  im- 
provement, repairs  or  renewal  of  said  tubes  or  conduits  or  for  any 
other  purpose,  no  greater  portion  of  said  street  shall  be  excavated 
for  such  purpose  at  one  time,  than  is  deemed  necessary,  and  the  ex- 
cavation shall  be  filled  so  soon  as  is  practicable  and  restored  to  its 
former  condition  after  said  renewal  improvement,  repairs  or  other 
purpose  has  been  effected. 

^f  6.  Time  for  completion.]  § 6.  Work  shall  be  commenced 
on  the  plant  or  power  house  or  device  for  the  purpose  of  operating 
said  tubes  and  conduits,  within  sixty  days  from  the  acceptance  in 
writing  of  this  ordinance  by  the  said  Beach,  his  heirs  or  assigns.  Pro- 
vided, that  if  the  pneumatic  system  or  device  mentioned  is  not  put  in 
operation  within  two  years  from  the  approval  of  this  ordinance,  then 
and  from  thenceforth,  this  ordinance  shall  be  null  and  void;  and  pro- 
vided further,  that  such  portions  of  said  streets  hereby  granted  as 
shall  not  have  pneumatic  pipes  or  conduits  placed  therein,  within 
three  years  from  the  approval  of  this  ordinance,  such  portions  of  said 
streets  as  shall  not  be  so  occupied,  shall  revert  to  the  village  of  Fern- 
wood  or  its  successors. 

Tf  7.  Exception  as  to  time  limit.]  § 7.  Provided  whatever 
time  J.  W.  Beach,  his  heirs  or  assigns  are  prevented  from  proceeding 
with  th’eir  work  on  account  of  suits  brought  against  him  or  them, 
shall  not  be  counted  when  computing  the  time  mentioned  in  section 
6 of  this  ordinance. 

Tf  8.  Number  and  location  of  pipes.]  § 8.  And  said  Beach 
shall  not  place  more  than  two  pipes  along  or  on  any  one  street  above 
mentioned,  and  said  pipes  shall  be  placed  along  the  sides  of  said  streets 
and  twelve  feet  on  each  side  of  the  center  line  of  such  streets,  except 
at  and  near  street  intersections  where  sufficient  space  for  proper 
curves  may  be  taken;  and  on  each  side  of  alleys. 


§ 138] 


JAMES  W.  BEACH. 


325 


Tf  9.  Acceptance.]  § 9.  Provided  that  said  Beach  shall  ac- 
cept this  ordinance  in  writing  within  thirty  days  from  the  approval  of 
this  ordinance.  This  ordinance  shall  be  in  force  from  and  on  its  ap- 
proval. Provided  that  the  rights  and  privileges  hereby  granted  shall 
be  for  the  period  of  twenty  years  from  the  passage  of  this  ordinance. 


CHAPTER  VII.— PRIVATE  PRIVILEGES. 


§ 139- 
§ 140. 
§ I4i- 
§ 142. 
§ 143. 
§ 144* 

§ I45' 
§ 146. 

§ 147. 
§ 148. 
§ 149- 

§ I5°‘ 
§ I5i. 

152. 

153. 
154- 

155. 

156. 

157. 

158. 
159- 

160. 

161. 

162. 

163. 

164. 

165. 

166. 

167. 

168. 

169. 

170. 

171. 

172. 

173. 

174. 
§ 175. 
§ 176. 
§ 177. 
§ 178. 
§ 179. 


J.  M.  Arnold. 

Ashland  Blo6k  association. 

Dr.  Charles  C.  Berry. 

Chicago  Auditorium  association. 

Chicago  Metropolitan  Theater  company. 
Chicago  & Northwestern  Railway  company. 
Jonathan  Clark. 

Crane  company. 

Martin  Dawson. 

Marshall  Field. 

Quincy  street. 

Marshall  Field. 

Joseph  Field. 

Great  Northern  Theater  & Hotel  company. 
T.  A.  Griffin  and  others. 

Carl  Henrici. 

Paul  C.  Just. 

Keely  Brewing  company. 

L.  Kiper  & Sons. 

Jas.  S.  Kirk  & Company. 

McAvoy  Brewing  company. 

James  A.  Miller. 

Morgan  & Wright. 

John  M.  Pashley. 

F.  W.  Peck. 

Produce  Cold  Storage  company. 

Rand,  McNally  and  others. 

Albert  Russel. 

Sanitary  district. 

Schlesinger  & Mayer. 

Henry  Schoellkopf. 

Sears,  Roebuck  & Company. 

Daniel  Shelby. 

Henry  Strong. 

Thomson  & Taylor  Spice  company. 

Tobey  & Booth. 

Wahl  Brothers. 

E.  C.  Waller. 

Western  Electric  company. 

William  A.  Wieboldt. 

R.  A.  Viall. 


§ 1 39] 


J.  M.  ARNOLD. 


327 


PRIVATE  PRIVILEGES. 

§ 139-  J-  M.  Arnold. 

If  i.  Premises  described — plans. 

if  2.  Revocation  of  permit — closing  up. 

if  3.  When  in  force. 

An  ordinance  granting  permission  to  J.  M.  Arnold  to  construct  and  maintain  a 
coal  vault.  (Passed  March  26,  1894.) 

If  1.  Premises  described — plans.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That,  whereas  J.  M.  Arnold  is 

the  owner  of  the  premises  numbered  34  and  36  West  Monroe  street, 
in  the  city  of  Chicago,  and  is  desirous  to  construct  and  maintain  a 
vault  or  coal  chute  under  the  alley  in  the  rear  of  said  premises  for  the 
passage  and  storage  of  coal  and  other  purposes  and  to  connect  with 
said  premises,  permission  and  authority  be  and  is  hereby  granted  to 
the  said  J.  M.  Arnold  (at  his  own  expense)  to  construct,  maintain  and 
use  said  vault  or  coal  chute;  Provided  said  Arnold  shall  construct  and 
build  said  vault  or  coal  chute  and  the  cover  thereto  according  to  the 
plans  herewith  submitted,  and  provided  further  that  water,  gas  and 
other  pipes  be  made  to  accommodate  themselves  to  said  vault  or  coal 
chute  at  the  expense  of  said  Arnold  under  proper  supervision,  and 
that  said  vault  or  coa4  chute  does  not  interfere  with  or  injure  present 
sewers  or  other  permanent  underground  fixtures  in  said  alley. 

f 2.  Revocation  of  permit— closing  up.]  § 2.  This  permission 
and  authority  and  the  vault  or  coal  chute  constructed  thereunder  shall 
be  subject  to  all  ordinances,  present  or  future,  relating  to  underground 
fixtures  in  said  alley,  and  this  ordinance  is  subject  to  revocation,  and 
the  said  vault  or  coal  chute  subject  to  be  closed  up  and  removed  at 
any  time,  by  ordinance  of  the  city  council. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


ASHLAND  BLOCK  ASSOCIATION. 

§ 140.  Ashland  Block  association. 

IT  1.  Specification. 

if  2.  Use  of,  subject  to  control  of  city — discontinuance, 
if  3.  Bond. 

IT  4.  When  in  force. 

An  ordinance  granting  permission  to  the  Ashland  Block  association  to  maintain 
a space  in  Couch  place  as  a coal  vault.  (Passed  March  9,  1896.) 

If  1.  Specificatipns.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § f.  That  permission  and  authority  be,  and  the 


328 


PRIVATE  PRIVILEGES. 


[§  MO 


same  are  hereby  given  to  the  Ashland  Block  association,  a corpora- 
tion of  the  state  of  Illinois,  to  excavate,  use  and  maintain  a space  not 
to  exceed  eighty  (80)  feet  and  five  and  three-eighths  inches  (5 y%)  long, 
by  nine  (9)  feet  wide,  and  ten  (10)  feet  in  depth,  under  the  surface  of 
the  alley  known  as  Couch  place,  running  east  and  west  from  Clark 
street  to  Dearborn  street,  and  between  Lake  and  Randolph  street, 
in  the  city  of  Chicago,  for  the  purpose  of  storing  coal,  and  other  like 
purposes;  said  excavation  to  be  within  the  following  points:  Begin- 

ning at  the  east  line  of  Clark  street  and  the  center  line  of  said  alley, 
thence  eighty  (80)  feet  and  five  and  three-eighths  inches  (5^4)  east 
along  the  center  line  of  said  alley;  thence  south  nine  (9)  feet  to  the 
south  line  of  said  alley;  thence  west  on  the  south  line  of  said  alley  to 
the  east  line  of  Clark  street;  and  thence  north  on  the  east  line  of  Clark 
street  to  the  place  of  beginning;  all  of  said  space  abutting  on  and  im- 
mediately north  of  the  premises  owned  by  said  Ashland  Block  asso- 
ciation. Provided,  that  said  Ashland  Block  association  shall  make 
such  excavation,  cover  same,  and  construct  it  according  to  plans  to 
be  submitted  to,  and  to  be  authorized  by,  the  department  of  public 
works,  and  in  every  way  to  the  satisfaction  of  said  department;  and, 
provided  further,  that  the  surface  of  said  alley  over  the  space  so  ex- 
cavated shall  be  restored,  in  as  short  a time  as  possible,  to  as  good 
condition  for  public  traffic  as  before  such  excavation  commenced; 
such  restoration  to  be  made  under  the  supervision,  and  to  the  satisfac- 
tion of  the  department  of  public  works. 

If  2.  Use  of,  subject  to  control  of  city — discontinuance.] 
§ 2.  The  construction,  maintenance  and  use  of  said  excavated  space 
shall  at  all  times  be  subject  to  the  control  of  the  city  of  Chicago,  and 
said  city  shall  have  the  right  to  a reasonable  use  of  said  space,  free  of 
charge,  for  the  running  or  laying  of  city  wires  or  mains,  or  conductors, 
and  the  permission  and  authority  herein  given,  is  given  subject  to  the 
right  of  the  city  of  Chicago,  which  said  right  is  hereby  expressly  re- 
served, to  revoke  said  permission  and  authority  and  to  require  that 
the  use  of  said  space  be  discontinued,  and  that  said  space  be  filled  up 
at  the  expense  of  the  Ashland  Block  association,  whenever  the  public 
interests  of  said  city  shall  require  it. 

^f  3.  Bond.]/  § 3.  No  excavation  or  construction  shall  be  be- 
gun hereunder,  until  the  said  Ashland  Block  association  shall  have 
filed  with  the  city  clerk  a bond  in  the  sum  of  ten  thousand  (10,000) 
dollars,  with  sureties  to  be  approved  by  the  mayor,  conditioned  for 
the  performance  of  all  the  obligations  of  this  ordinance,  and  also  con- 
ditioned to  indemnify,  save  and  keep  harmless  the  city  of  Chicago 
from  any  and  all  damage,  costs  or  expense  which  may  accrue  against 
said  city  by  reason  of  the  grant  herein. 

4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage  and  the  filing  and  approval 
of  the  bond  herein  required. 


I4I?  J42] 


DR.  CHARLES  C.  BERRY. 


329 


DR.  CHARLES  C.  BERRY. 

§ 1 41.  Dr.  Chas.  C.  Berry. 

1.  Route. 

■jj  2.  Bond. 

3.  Removal  on  notice. 

4.  When  in  force. 

An  ordinance  granting  permission  to  Dr.  Chas.  C.  Berry  to  maintain  a call  wire. 

(Passed  September  14,  1896.) 

1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 

hereby  given  to  Dr.  Chas.  C.  Berry  to  string  and  maintain  a wire 
across  18th  street  from  premises  known  as  1737  Wabash  avenue  to 
premises  known  as  1801  Wabash  avenue,  with  the  consent  of  the  own- 
ers of  said  premises,  said  wire  to  be  used  as  a call  wire. 

If  2.  Bond.]  § 2.  This  ordinance  shall  not  take  effect  until 
said  Dr.  Chas.  C.  Berry  shall  execute  to  the  city  of  Chicago  and  file 
with  the  city  clerk  a bond  in  the  penal  sum  of  $2,000.00,  with  two 
good  and  sufficient  sureties,  to  be  approved  by  the  mayor,  conditioned 
to  indemnify  the  city  of  Chicago  of  and  from  all  damages  which  may 
accrue  or  in  any  wav  arise  from  or  grow  out  of  the  exercise  of  the 
privileges  hereby  granted. 

1 3.  Removal  on  notice.]  § 3.  The  right  is  hereby  reserved 
to  the  city  of  Chicago,  upon  due  notice  to  remove  or  cause  the  re- 
moval of  said  wire,  whenever  in  the  opinion  of  its  commissioner  of 
public  works  it  shall  be  deemed  advisable. 

^f  4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


CHICAGO  AUDITORIUM  ASSOCIATION. 

§ 142.  Chicago  Auditorium  association. 

If  1.  Grant — supervision  of  construction  — indemnification — $1,000 
yearly  rental — surrender  of  privilege. 

An  order  granting  permission  and  authority  to  the  Chicago  Auditorium  associa- 
tion to  construct  and  maintain  tunnels  under  and  through  Congress  street, 
for  the  common  use  of  association  and  Congress  Hotel  company.  (Passed 
December  8,  1892.) 

If  1.  Grant— supervision  of  construction — indemnification — 
$1,000  yearly  rental— surrender  of  privilege.]  Ordered,  that  per- 
mission and  authority  be  and  it  hereby  is  given  and  granted  to  the 
Chicago  Auditorium  association  of  Chicago,  Illinois,  its  successors 


330 


[§  :43 


PRIVATE^PRIVILEGES. 

and  assigns,  to  construct  and  maintain  a tunnel  under,  across  and 
through  Congress  street,  between  the  premises  at  the  northwest  cor- 
ner of  Michigan  avenue  and  Congress  street,  to-wit:  Lot  9 of  block 

9 of  fractional  section  15,  addition  to  Chicago,  and  the  premises  at  the 
southwest  corner  of  said  streets,  to-wit:  Sub-lots  1 and  6 in  Lunt’s 

subdivision  of  lot  1 and  the  north  ^4  of  lot  4 in  block  12  of  said  addi- 
tion, for  the  purposes  of  conduits,  pipes  and  communication  between 
said  lots  for  the  common  use  of  said  association  and  Congress  Hotel 
Company,  said  tunnels  to  be  constructed  in  accordance  with  plans  and 
specifications  hereto  attached,  and  to  be  constructed  under  the  direc- 
tion, control  and  supervision  of  the  commissioner  of  public  works,  and 
said  tunnels  to  be  so  constructed  as  not  to  interfere  with  travel  upon 
or  the  use  of  said  street  or  any  part  thereof. 

This  permission  and  authority  is  upon  the  express  condition  that 
the  Chicago  Auditorium  association  aforesaid,  its  successors  and  as- 
signs, constructing  or  using  said  tunnels,  by  availing  themselves  here- 
of, agree  to  and  shall  indemnify  and  save  harmless  the  said  city  of 
Chicago  from  any  and  all  damages  that  may  resulf  or  occur  by  rea- 
son of  the  construction,  existence  or  using  of  said  tunnels. 

Provided,  however,  that  the  said  Chicago  Auditorium  association 
of  Chicago,  Illinois,  its  successors  and  assigns  shall  pay  into  the  city 
treasury  of  the  city  of  Chicago  the  sum  of  one  thousand  (1,000)  dol- 
lars as  an  annual  rental  for  the  use  of  the  space  occupied  by  said  tun- 
nels, and  provided  further  that  this  permission  and  authority  is  given 
upon  the  express  condition  that  the  said  company  shall  give  up  to 
the  city  of  Chicago,  free  and  without  cost  said  tunnels,  on  six  months 
notice  from  the  commissioner  of  public  works  on  the  order  of  the  city 
council. 


CHICAGO  METROPOLITAN  THEATER  COMPANY. 

§ 143.  Chicago  Metropolitan  Theater  company. 

If  1.  Description  and  specifications. 

2.  Indemnity — acceptance. 

3.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago  Metropolitan  Theater  company 
to  construct  a bridge  over  and  across  an  alley  therein  designated.  (Passed 
May  3,  18S6.  Accepted  July  19,  1886.) 

% 1.  Description  and.  specifications.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority be  and  is  hereby  given  to  the  Chicago  Metropolitan  Theater 
Company  and  its  assigns,  to  construct  and  use  a bridge  or  covered 


§ 144] 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


331 


passage  way  across  the  alley,  running  between  lots  20  and  25,  in  J. 
P.  Fish’s  subdivision  of  sub-lots  1 and  2,  of  assessor’s  division  in  the 
southeast  corner  of  the  northeast  quarter  of  section  6,  township  39  N., 
R.  14,  east  third  principal  meridian,  said  alley  running  from  Ashland 
avenue  in  a northwesterly  direction  to  Loton  court;  Provided,  that 
the  lowest  portion  of  said  bridge  or  passage  way  shall  not  be  lower 
than  16  feet  above  the  grade  of  alley,  and  shall  be  so  constructed,  that 
free  and  unobstructed  passage  may  be  had  under  the  same;  and,  pro- 
vided, that  said  bridge  or  passage  way  shall  be  constructed  of  incom- 
bustible material,  and  to  the  satisfaction  of  the  commissioner  of  build- 
ings. 

Tf  2.  Indemnity  — acceptance.]  § 2.  The  said  Chicago 
Metropolitan  Theater  Company  and  its  assigns,  successors,  lessees, 
and  any  and  all  persons  who  shall  occupy  the  building  which  said 
bridge  is  to  connect,  shall  indemnify  and  save  harmless  the  city  of 
Chicago  of  and  from  all  damages  of  every  kind  for  which  it  may  be- 
come liable  for  or  by  reason  of  the  passage  way  hereby  granted,  and 
said  Chicago  Metropolitan  Theater  Company  shall,  before  extending 
said  bridge  or  passage  way,  file  with  the  department  of  public  works 
its  acceptance  of  the  conditions  herein  contained. 

3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 

§ 144.  Chicago  & Northwestern  Railway  company. 

Tf  1.  Department  of  public  works  to  superintend — bond. 

An  ordinance  authorizing  the  Chicago  & Northwestern  Railway  company  to 
construct  a bridge  across  Union  street.  (Passed  February  18,  1887.) 

Tf  1.  Department  of  public  works  to  superintend— bond.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

the  Chicago  & North  Western  Railway  Company  be  and  it  is  hereby 
authorized  and  permitted  to  construct  a bridge  across  Union  street, 
immediately  south  of  Kinzie  street,  to  connect  certain  warehouses 
about  to  be  built  by  said  company;  Provided,  that  said  bridge  shall 
be  constructed  as  directed  by  and  under  the  superintendence  of  the 
department  of  public  works,  and  provided  further,  that  said  railway 
company  shall  give  a good  and  sufficient  bond,  in  the  penal  sum  of 
$5,000,  to  be  approved  by  the  mayor,  to  save  the  city  harmless  from 
any  and  all  damages  to  any  person  or  persons  arising  out  of,  or  re- 
sulting from  the  privileges  hereby  granted. 


332 


PRIVATE  PRIVILEGES. 


[§  §§  145,  146,  147 


JONATHAN  CLARK. 

§ 145.  Jonathan  Clark. 

Tf  1.  People’s  theater. 

An  ordinance  granting  permission  to  Jonathan  Clark  to  erect  a weather  porch. 

(Passed  July  19,  1886.) 

If  1.  People’s  theater.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the 

same  is  hereby  granted  to  Jonathan  Clark,  erect,  under  the  super- 
vision and  subject  to  the  approval  of  the  commissioner  of  public 
works,  a weather  porch  in  front  of  the  People’s  Theater,  at  No.  341 
State  street,  to  be  built  of  iron  and  glass. 


CRANE  COMPANY.  ' 

§ 146.  Crane  Company. 

If  1.  Grant — construction — bond. 

An  ordinance  granting  permission  to  the  Crane  company  to  construct  an  iron 
bridge  across  Judd  street.  (Passed  September  22,  1890.) 

If  1.  Grant— construction — bond.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  That  the  Crane  Company  be  and  they 

are  hereby  allowed  and  permitted  to  construct  an  iron  bridge  across 
Judd  street,  connecting  their  two  factories,  said  bridge  to  be  eighteen 
feet  above  the  grade  of  said  street  and  to  be  not  over  nine  feet  wide; 
Provided,  that  said  bridge  shall  be  constructed  as  directed  by  and 
under  the  supervision  of  the  department  of  public  works  and  Pro- 
vided, further,  that  said  Crane  Company  shall  give  a good  and  suffi- 
cient bond,  in  the  penal  sum  of  ten  thousand  dollars,  to  be  approved 
by  the  mayor,  to  save  the  city  harmless  from  any  damages  that  may 
arise  to  any  person  or  persons  arising  out  of  or  resulting  from  the 
privileges  hereby  granted. 


MARTIN  DAWSON. 

§ 147.  Martin  Dawson. 

*|f  1.  Premises  described— restoration  ofjroadway. 

*j[  2.  When  in  force. 

An  ordinance  granting  permission  to  Martin  Dawson  to  construct  a coal  vault. 

(Passed  January  3,  1894.) 

^f  1.  Premises  described— restoration  of  roadway.]  Be  it  or- 


14B] 


MARSHALL  FIELD. 


333 


dained  by  the  city  council  of  the  city  of  Chicago:  § I.  _ That  per- 

mission and  authority  be  and  are  hereby  granted  to  Martin  Dawson 
to  excavate  under  and  to  the  middle  line  of  the  south  alley  on  the  side 
of  building  1520  and  1522  South  State  street,  according  to  plans  and 
specifications  to  be  approved  by  the  commissioner  of  public  works; 
Provided,  that  the  said  Martin  Dawson  will  restore  the  roadway  of 
said  alley  to  as  good  condition  as  before  the  making  of  said  excava- 
tion. 

2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


MARSHALL  FIELD. 

§ 148.  Marshall*  Field. 

][  1.  Use  for  which  intended — plans — underground  work. 

2.  Subject  to  ordinances — closing  up. 

An  ordinance  granting  permission  to  Marshall  Field  to  construct  and  maintain  a 
passageway  under  Quincy  street.  (Passed  October  11,  1886.) 

f 1.  Use  for  which  intended— plans  -underground  work.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

whereas,  Marshall  Field  is  the  owner  of  the  square  bounded  by 
Adams,  Quincy,  Fifth  avenue  and  Franklin  streets,  Chicago,  and  has 
in  course  of  construction  thereon  a building  covering  said  square,  and 
has  purchased  the  building  known  as  the  “Newsboys’  Home,”  on  the 
south  side  of  said  Quincy  street,  covering  a lot  46x80  feet,  and  is  de- 
sirous to  construct  and  maintain  a passage  way  across  and  under  said 
Quincy  street,  between  his  said  building  and  said  “Newsboys’  Home’’ 
property, for  the  passage  of  steam  pipes  and  other  purposes;  permission 
and  authority  be  and  the  same  is  hereby  granted  to  said  Marshall 
Field  (at  his  own  expense)  to  construct,  maintain  and  use  such  passage 
way;  Provided,  said  Field  shall  construct  and  build  such  passage 
way  and  the  cover  thereto  according  to  plans  submitted  to  and  au- 
thorized by  the  department  of  public  works  and  engineering  depart- 
ment of  the  city;  and  Provided  further,  that  water,  gas  and  other 
pipes  be  made  to  accommodate  themselves  to  such  passage  way,  at  the 
expense  of  said  Field,  under  proper  supervision,  and  that  such  pas- 
sage way  does  not  interfere  with  or  injure  present  sewers  or  other 
permanent  underground  fixtures  in  said  street. 

1 2.  Subject  to  ordinances— closing  up.]  § 2.  This  per- 
mission and  authority  and  the  passage  way  to  be  constructed  there- 
under shall  be  subject  to  all  ordinances,  present  and  future,  relating 
to  underground  fixtures  on  said  street;  and  this  ordinance  be  subject 


334 


PRIVATE  PRIVILEGES. 


[§§  149.  150 


to  revocation  and  said  passage  way  subject  to  be  closed  up  and  re- 
moved at  any  time  by  ordinance  of  the  present  or  any  future  city 
council. 

Note. — See  following  ordinance  amendatory  of  above. 

§ 149.  Quincy  street. 

1.  Non-interference  with  underground  work. 

An  ordinance  amending  ordinance  of  October  11,  1886,  providing  for  a passage 
way  under  Quincy  street.  (Passed  October  18,  1886.) 

If  1.  Non-interference  with  underground  work.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  That  the  ordinance 

passed  October  11,  1886,  granting  permission  to  Marshall  Field  to 
construct  and  maintain  a passage  way  across  and  under  Quincy  street, 
between  Franklin  street  and  Fifth  avenue,  be  and  the  same  is  hereby 
amended,  as  follows:  Strike  out  the  whole  of  the  second  proviso  to 
section  1,  and  insert  in  lieu  thereof  the  following:  “And  provided, 

further,  that  such  passage  way  shall  not  interfere  with,  or  injure  pres- 
ent sewers,  water  pipes,  gas  pipes,  or  other  underground  fixtures 
now  in  said  street;  and  provided,  further,  that  water,  gas  and  other 
pipes  to  be  hereafter  laid  in  said  street  may  be  made  to  accommodate 
themselves  to  such  passage  way  (at  the  expense  of  said  Field)  under 
the  supervision  of  the  commissioner  of  public  works. 

§ 150.  Marshall  Field. 

Preamble — 1.  Description. 

IT  2.  Subject  to  revocation. 

An  ordinance  granting  permission  to  Marshall  Field  to  build  uut  store  front  on 
State  and  Washington  streets.  (Passed  July  8,  1889.) 

Preamble.]  Whereas,  by  paragraph  14  of  section  1,  arti- 
cle 5,  of  the  act  for  the  incorporation  of  cities,  adopted  by  the  city  of 
Chicago,  April  23rd,  1875,  the  city  council  has  power  to  regulate  the 
use  of  sidewalks,  and  has  provided  by  section  1922  of  article  58,  en- 
titled sidewalks,  that  no  more  than  four  (4)  feet  in  width  of  the  side- 
walk space  shall  be  used  for  stairs  to  areas,  and  by  section  1940  that 
no  person  shall  use  more  than  three  feet  of  such  space  next  his  build- 
ing or  boundary  line  for  the  storage  of  merchandise;  and  whereas, 
by  section  1920  it  is  provided  that  on  streets  of  100  feet  and  upward 
the  sidewalks  shall  be  20  feet  in  width,  and  the  sidewalk  on  the  east 
side  of  State  street,  north  of  Washington,  is  25  feet  in  width;  and 
whereas,  it  is  desired  by  Marshall  Field  to  improve  the  fronts  of  his 
retail  store  at  the  northeast  corner  of  State  and  Washington  streets, 
by  the  erection  of  ornamental  storm  doors  and  show  windows,  none 
of  which  will  approach  nearer  the  State  street  curb  than  20  feet;  Now 
therfore, 

If  1.  Description.]  §1.  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago  that  permission  and  authority  be,  and  the  same 


§§  t 5 1 ? 1 5 2]  great  northern  theater  and  hotel  company.  335 

is,  hereby  granted  to  said  Marshall  Field  to  construct,  maintain  and 
use  such  storm  doors  and  show  windows  on  the  State  street  front 
within  such  limits,  and  show  windows  upon  the  Washington  street 
front  within  the  limits  applied  by  ordinance  to  the  storage  of  goods. 

2.  Subject  to  revocation.]  § 2.  This  permission  and  au- 
thority to  be  subject  to  revocation  at  any  time  by  ordinance  of  the 
present  or  any  future  city  council. 


JOSEPH  FISH. 

§ 15 1.  Joseph  Fish. 

1.  Description  of  premises — protection. 

2.  When  in  force. 

An  ordinance  granting  permission  to  Joseph  Fish  to  construct  basement  entrance. 

(Passed  January  22,  1896.)  , 

f 1.  Description  of  premises— protection.]  Be  it  ordained  by 
the' city  council  of  the  city  of  Chicago  : § 1.  That  permission  and 

authority  are  hereby  given  to  Joseph  Fish  to  construct  on  the  south 
side  of  Monroe  street,  beginning  at  a point  not  less  than  fifteen  feet 
east  of  the  building  line  on  State  street,  a stairway  and  basement 
entrance  leading  from  the  street  to  the  basement  of  the  premises  sit- 
uated on  the  southeast  corner  of  State  and  Monroe  streets,  in  said 
city;  Provided,  that  such  stairway  or  entrance  shall  not  exceed  four 
feet  in  width  from  the  building  line  on  the  south  side  of  Monroe  street, 
at  said  point,  and  shall  be  protected  by  a good  and  sufficient  metal 
railing. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


GREAT  NORTHERN  THEATER  AND  HOTEL  COMPANY. 

§ 152.  Great  Northern  Theater  and  Hotel  company. 

•f[  1.  Dimensions — use  limited. 

■j  2.  Annual  rental — underground  work— plans — bond — acceptance. 

3.  When  in  force. . 

An  ordinance  granting  the  Great  Northern  Theater  and  Hotel  company  permis- 
sion to  excavate  and  use  space  under  Quincy  street  for  storage  of  coal. 
(Passed  June  4,  1896  ) 

If  1.  Dimensions — use  limited.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § I.  That  permission  and  authority 


336 


PRIVATE  PRIVILEGES. 


[§  152 


are  hereby  granted  to  the  Great  Northern  Theater  and  Hotel  Com- 
pany, a corporation  organized  under  the  laws  of  Illinois,  which  is  the 
owner  or  lessee  of  the  property  having  a frontage  of  one  hundred  feet 
on  the  south  side  of  Quincy  street,  the  west  line  of  which  is  one  hun- 
dred feet  east  of  Dearborn  street,  to  excavate  the  space  underneath 
that  portion  of  the  sidewalk  .on  Quincy  street  adjoining  said  property, 
and  also  the  space  underneath  the  surface  of  that  portion  of  Quincy 
street  abutting  said  property  south  of  the  center  line  of  said  street, 
and  to  use  such  space  when  excavated  for  the  storage  of  coal,  and  for 
no  other  purpose  whatever. 

% 2,  Annual  rental— underground  work — plans— bond— ac- 
ceptance.] § 2.  The  permission  hereby  given  is  upon  the  following 
express  conditions,  to-wit: 

1st.  Said  permission  shall  be  subject  to  all  ordinances  of  the  city 
of  Chicago  now  in  force  or  which  may  hereafter  be  passed  respecting 
streets  or  sidewalks,  or  the  use  thereof,  or  of  the  space  underneath  the 
same;  and  provided,  further,  the  said  Great  Northern  Theater  and 
Hotel  Company  shall  pay  an  annual  rental  of  five  hundred  (500)  dol- 
lars to  the  city  for  the  privileges  herein  granted. 

2nd.  All  sewer,  gas  and  water  pipes,  electric  wires  or  conduits 
now  existing  in  that  portion  of  said  street  authorized  to  be  excavated, 
as  aforesaid,  shall  be  moved  and  relaid  in  the  north  half  of  said  street 
and  the  proper  and  necessary  connections  made.  But  if,  in  the  judg- 
ment of  the  commissioner  of  public  works,  it  is  necessary  or  advisable 
such  pipes,  wires  and  conduits  to  the  whole  length  of  said  Quincy 
street,  between  Dearborn  and  State  streets,  shall  be  moved  and  relaid 
as  aforesaid,  such  moving,  relaying  and  reconnecting  shall  be  done 
at  the  sole  expense  of  said  company.  So  much  of  the  surface  of 
said  Quincy  street  as  shall  be  disturbed  by  the  excavation  herein  au- 
thorized and  by  the  relaying  of  pipes  and  wires  as  herein  required 
shall  be  repaved  at  the  sole  expense  of  said  company.  The  sidewalk 
and  the  surface  of  the  street  over  such  excavation  shall  be  supported 
in  such  manner  as  shall  be  prescribed  by  the  commissioner  of  public 
works. 

3rd*  The  excavation  herein  authorized  and  all  work  required  to 
be  done  hereunder  shall  be  done  in  such  manner  and  method  and 
within  such  time  or  times  as  shall  be  prescribed  by  the  commissioner 
of  public  works.  No  work  shall  be  done  until  plans  and  specifications 
thereof  shall  have  been  first  submitted  to  the  said  commissioner  and 
approved  by  him  and  a permit  issued  therefor. 

4th.  The  said  Great  Northern  Theater  and  Hotel  Company,  its 
successors  and  assigns,  shall  be  and  become  the  tenants  at  will  of  the 
city  of  Chicago  with  respect  to  the  occupany  of  the  aforesaid  space 
underneath  the  said  street  and  sidewalk.  Said  city  hereby  expressly 
reserves  the  right  to  revoke  the  permission  herein  grantd,  and  to  ter- 


153] 


T.  A.  GRIFFIN  AND  OTHERS. 


337 


minate  such  tenancy  and  to  repeal  or  amend  this  ordinance  at  any 
time. 

5th.  The  permission  herein  granted  is  upon  the  further  express 
condition  that  said  company  shall  forever  indemnify  and  save  harm- 
less the  city  of  Chicago  from  and  against  any  and  all  damages  of  every 
kind  and  character,  and  from  and  against  any  and  all  judgments,  de- 
crees and  costs,  and  expense  of  the  same,  which  it  may  suffer  or 
which  may  be  recovered  or  obtained  against  said  city,  for  or  by  reason 
of  the  passage  of  this  ordinance,  or  the  performance  of  the  work  here- 
in authorized  or  required,  or  the  use  of  said  space  by  said  company 
or  it  assigns;  and  the  said  company  shall  execute  a good  and  suffi- 
cient bond  to  said  city,  with  one  or  more  sureties  to  be  approved  by 
the  mayor,  in  the  penal  sum  of  ten  thousand  (10,000)  dollars,  condi- 
tioned to  indemnify  and  save  harmless  said  city  as  stated.  Said  com- 
pany shall  also  within  thirty  days  file  its  acceptance  of  this  ordinance 
in  writing  with  the  city  clerk,  together  with  the  bond  as  above  stated. 

3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  the  filing  of  the  bond  and  acceptance 
as  above  provided. 


T.  A.  GRIFFIN  AND  OTHERS. 

§ 153.  T.  A.  Griffin  and  others. 

Preamble. 

If  1.  Grant — subway— construction. 

•fT  2.  Property  of  city. 

Tf  3.  Conditions — acceptance — bond. 

An  ordinance  granting  permission  to  T.  A.  Griffin  and  his  associates  to  construct 

a subway  in  Kinzie  street  under  the  tracks  of  the  Chicago  & Northwestern 

Railway  company.  (Passed  December  28,  1392.  Accepted  January  27, 

1893-) 

Preamble.]  Whereas,  it  is  desirable  that  that  part  of 
Sacramento  avenue  north  of  the  line  of  the  Chicago  and  Northwestern 
railroad,  on  what  is  called  Kinzie  street,  should  be  connected  with 
that  part  of  Sacramento  avenue  south  of  the  line  of  said  railroad  by  a 
subway  under  the  tracks  of  the  Chicago  and  Northwestern  Railway 
Company,  and  T.  A.  Griffin  and  his  associates  have  offered  to  con- 
struct such  subway  and  its  approaches  on  behalf  of  the  city  of  Chicago 
at  their  own  cost ; now, 

If  1.  Grant— subway— construction.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority be  and  hereby  are  given  to  said  T.  A.  Griffin  and  his  associates 
to  construct  for  the  city,  but  at  their  own  cost,  and  complete  the  same 


338 


PRIVATE  PRIVILEGES. 


within  eight  months  after  the  passage  of  this  ordinance  a good  and 
sufficient  subway  in  what  is  known  as  Kinzie  street,  under  the  tracks 
of  said  Chicago  and  Northwestern  Railway  Company,  with  ap- 
proaches in  Sacramento  avenue  north  and  south  of  said  Kinzie  street 
or  railroad  tracks,  in  accordance  with  the  plans  and  specifications  ap- 
proved by  the  commissioner  of  public  works  of  the  city  of  Chicago  on 
the  21  st  day  of  November,  A.  D.  1892,  such  construction  to  be  under 
the  supervision  of  said  commissioner  of  public  works. 

Tf  2.  Property  of  city.]  § 2.  That  so  much  of  said  subway 
and  approaches  as  now  forms  a part  of  any  public  street  shall  continue 
to  be  a part  thereof,  and  that  so  much  of  said  subway  and  approaches 
as  now  belongs  to  the  Chicago  and  Northwestern  Railway  Company 
shall,  when  constructed,  form  a part  of  Sacramento  avenue  and  be- 
come the  property  of  and,  together  with  the  whole  of  said  approaches, 
be  maintained  as  a public  street  by  the  city  of  Chicago. 

If  3.  Conditions— acceptance— bond.]  § 3.  This  ordinance 
is  passed  upon  the  condition  that  the  said  Thomas  A.  Griffin  shall, 
within  thirty  (30)  days  after  the  taking  effect  of  this  ordinance,  file  with 
the  city  clerk  his  acceptance  of  this  ordinance  and  a bond,  with  good 
and  sufficient  sureties  to  be  approved  by  the  mayor,  in  the  sum  of 
fifty  thousand  (50,000)  dollars,  conditioned  to  comply  with  the  pro- 
visions of  this  ordinance  and  to  save,  keep  harmless  and  indemnify 
the  city  of  Chicago  from  all  damages,  costs  and  expenses  that  may 
accrue  or  in  any  way  arise  or  grow  out  of  the  privileges  hereby 
granted. 


CARL  HENRICI. 

§ 154.  Carl  Henrici. 

1.  Route. 

^ 2.  Bond. 

•ft  3-  Right  of  city  to  remove. 

An  ordinance  granting  permission  to  Carl  Henrici  to  maintain  an  electric  wire 
across  Madison  street.  (Passed  July  20,  1896.) 

If  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 

hereby  given  to  Carl  Henrici  to  lay  down,  maintain  and  use  a wire 
across  Madison  street,  from  his  premises  known  as  No.  183  Madison 
street,  to  premises  known  as  186  Madison  street,  with  the  consent 
of  the  owner  of  said  premises:  said  wire  to  be  placed  under  the 
surface  of  said  street  and  to  be  used  for  the  transmission  of  electricity 
for  the  purpose  of  furnishing  light  and  for  no  other  purpose. 


§ r55] 


PAUL  C.  JUST. 


339 


2.  Bond.]  § 2.  This  ordinance  shall  not  take  effect  until 
said  Carl  Henrici  shall  execute  to  the  city  of  Chicago,  and  file  with  the 
city  clerk,  a bond  in  the  penal  sum  of  $2,000.00,  with  two  good  and 
sufficient  sureties  to  be  approved  by  the  mayor,  conditioned  to  indem- 
nify the  city  of  Chicago  of  and  from  all  damages  which  may  accrue  or 
in  any  way  arise  from  or  grow  out  of  the  exercise  of  the  privileges 
hereby  granted. 

If  3.  Right  of  city  to  remove.]  § 3.  The  right  is  hereby 
reserved  to  the  city  of  Chicago,  upon  due  notice  to  remove  or  cause 
the  removal  of  said  wire,  whenever  in  the  opinion  of  its  commissioner 
of  public  works  it  shall  be  deemed  advisable. 


PAUL  C.  JUST. 

§ 155.  Paul  C.  Just. 

Tf  1.  Grant— route — construction. 

2.  Location  of  wires, 
if  3.  Permit — restoration  of  streets, 
if  4.  Bond. 

if  5.  Term  of  grant — rates  for  service. 

if  6.  Compensation. 

if  7.  When  in  force — bond. 

An  ordinance  granting  permission  to  Paul  C.  Just  to  construct,  maintain  and 
operate  a system  of  underground  wires  for  burglar  alarm,  electric  call  and 
watch  signal  service.  (Passed  April  10,  1896.  Accepted  May  8,  1896.) 

if  1.  Grant — route— construction.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

is  hereby  granted  to  Paul  C.  Just,  his  successors  and  assigns,  to  con- 
struct, maintain  and  operate  in  the  streets  and  alleys  of  that  portion 
of  the  north  division  of  the  city  of  Chicago,  bounded  as  follows:  On 
the  north  by  center  line  of  Fullerton  avenue,  on  the  west  and  south 
by  the  Chicago  river,  and  on  the  east  by  Lake  Michigan,  a system  of 
underground  wires  for  the  purpose  of  furnishing  a system  of  burglar 
alarm,  electric  call  and  watch  signal  service.  All  such  lines  or  wires 
shall  be  underground,  properly  insulated,  and  shall  be  constructed  un- 
der the  supervision  and  to  the  satisfaction  of  the  commissioner  of  pub- 
ic works.  No  wires  shall  be  laid  unless  a plat  shall  be  filed  with  the 
commissioner  of  public  works  designating  the  streets  and  alleys  in 
which  it  is  proposed  to  locate  the  same,  and  a plat  of  the  circuit  of 
wires  completed  shall  be  filed  with  the  commissioner  of  public  works 
before  the  same  are  used.  The  pipes  or  conduits  in  which  the  said 
wires  are  to  be  laid  shall  be  placed  as  nearly  as  practicable  at  right 


340  PRIVATE  PRIVILEGES.  [§  1 55 

angles  with  the  streets  or  alleys  intersected,  and  shall  be  laid  by  ex- 
cavating from  the  surface  and  not  by  driving  or  tunneling. 

If  2.  Location  of  wires.]  § 2.  All  conduits  and  wires  built 
and  laid  under  the  provisions  of  this  ordinance  shall  be  placed  in  al- 
leys as  far  as  practicable,  and  no  street  or  alley  shall  be  unnecessarily 
incumbered  or  obstructed  by  the  laying  or  maintenance  of  said  con- 
duits and  wires. 

If  3.  Permit— restoration  of  streets.]  § 3.  Said  Paul  C. 

Just  shall  not  do  any  work  in  any  street  or  alley,  or  in  any  way  dis- 
turb the  surface  thereof,  without  first  receiving  from  the  commission- 
er of  public  works  a permit  therefor,  and  shall  not  in  any  manner  in- 
terfere with  any  sewers,  pipes,  cables,  wires  or  conduits  which  are 
now  laid  in  any  of  said  streets,  alleys  and  public  ways  except  by  the 
consent  of  the  commissioner  of  public  works  of  said  city;  and  when- 
ever said  Paul  C.  Just  shall  open  any  street,  alley  or  interfere  with 
any  pipe,  cable,  wire  or  conduit  therein  the  same  shall  be  forthwith 
restored  to  as  good  condition  as  before  said  opening,  disturbance  or 
interference  by  and  at  the  expense  of  said  Paul  C.  Just,  and  under  the 
direction  and  to  the  satisfaction  of  the  commissioner  of  public  works; 
and  in  case  said  Paul  C.  Just  shall  fail  to  make  such  restoration  the 
same  may  be  done  by  said  city,  and  said  Paul  C.  Just  shall  be  liable  to 
the  city  for  the  cost  thereof. 

1 4.  Bond.  | § 4.  This  ordinance  shall  not  take  effect  until 

the  said  Paul  C.  Just  shall  have  executed  a bond  to  the  city  of  Chi- 
cago, in  the  penal  sum  of  $5,000,  with  sureties  satisfactory  to  the 
mayor  of  said  city,  conditioned  to  pay  to  the  city  of  Chicago  the  sum 
and  sums  of  money  hereinafter  provided  to  be  paid  to  said  city,  and 
to  indemnify  and  save  harmless  the  city  of  Chicago  of  and  from  all 
damages  which  may  grow,  or  which  in  any  way  may  arise  or  grow 
out  of  the  exercise  of  said  Paul  C.  Just  of  the  privileges  herein  granted. 
None  of  the  wires  hereby  authorized  to  be  maintained  shall  be  at- 
tached to  roofs  or  houses,  or  on  or  over  any  other  property  except 
upon  the  written  permission  and  consent  of  the  owners  of  the  same. 

5.  Term  of  grant— rates  for  service.]  § 5.  The  rights 

and  privileges  hereby  granted  shall  at  the  expiration  of  twenty  years 
from  the  passage  of  this  ordinance  absolutely  cease  and  determine, 
it  being  the  true  meaning  and  intent  of  this  ordinance  to  grant  the 
said  rights  and  privileges  only  for  the  term  of  twenty  years  from  its 
passage. 

The  said  Paul  C.  Just  shall  not  charge  any  person  or  corporation 
using  the  said  system  of  burglar  alarm,  watch  service  and  call’ service 
authorized  in  this  ordinance,  a sum  exceeding  $2.00  a month  for  each 
box  for  the  system  of  burglar  alarm  calls;  $1.00  a month  for  each  call 
box  in  the  watch  service  system,  and  fifty  ($0.50)  cents  a month  for 
each  call  box  in  the  electric  call  messenger  service. 


§ !56] 


KEELEY  BREWING  COMPANY. 


341 


Hf  6.  Compensation.]  § 6.  At  the  expiration  of  five  years 
from  the  date  of  the  passage  of  this  ordinance  the  said  Paul  C.  Just 
shall  annually  pay  to  the  city  of  Chicago  a sum  equal  to  five  per  cent 
of  the  gross  receipts  from  all  revenues  derived  from  the  privileges 
hereby  granted,  said  payments  to  commence,  as  aforesaid,  five  years 
after  the  passage  of  this  ordinance,  and  thereafter  at  the  expiration  of 
every  six  months  the  said  Paul  C.  Just  shall  make  such  payment. 
Said  payment  shall  be  accompanied  by  an  affidavit,  subscribed  and 
sworn  to  by  said  Paul  C.  Just  to  the  effect  that  the  amount  of  such 
payment  is  equal  to  five  per  cent  of  the  gross  receipts  required  by  this 
ordinance,  and  the  city  comptroller  of  the  city  of  Chicago  shall  within 
a reasonable  time  after  the  filing  of  said  affidavit  have  the  right  to  ex- 
amine the  books  and  accounts  of  said  Paul  C.  Just  for  the  purpose 
of  verifying  the  correctness  of  the  statement  contained  in  such  affi- 
davits accompanying  such  payments. 

If  7.  When  in  force— acceptance— bond.]  § 7.  This  ordi- 

nance shall  take  effect  and  be  in  force  on  and  after  its  passage  and  the 
filing  of  a written  acceptance  by  said  Paul  C.  Just  of  the  terms  and 
conditions  of  this  ordinance,  together  with  a good  and  sufficient  bond 
as  hereinbefore  provided  for,  within  thirty  days  from  the  passage  of 
this  ordinance. 


KEELEY  BREWING  COMPANY. 

§ 156.  Keeley  Brewing  Company. 

TT  1.  Across  Twenty-eighth  street — specifications. 

2.  Indemnity — acceptance. 

Ht  3.  When  in  force. 

An  ordinance  granting  permission  to  the  Keeley  Brewing  Company  to  construct 
a covered  passageway  over  Twenty-eighth  street  and  also  a tunnel  under 
the  same  street.  (Passed  November  21,  1887.) 

If  1.  Across  Twenty-eighth  street— specifications.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 

sion and  authority  be  and  is  hereby  given  to  the  Keeley  Brewing 
Company  and  its  assigns,  to  construct  and  use,  until  the  further  order 
of  the  city  council,  a bridge  or  covered  passage  way  across  28th  street, 
at  a point  between  the  east  line  of  Groveland  avenue,  and  the  right  of 
way  of  the  Illinois  Central  Railroad;  Provided,  that  the  lowest  por- 
tion of  said  bridge  or  passage  way  shall  not  be  less  than  eighteen 
feet  above  the  grade  of  said  street,  and  shall  be  so  constructed  that 
free  and  unobstructed  passage  may  be  had  under  the  same;  and, 
Provided,  that  said  bridge  or  passage  way  shall  be  constructed  of  in- 


342 


PRIVATE  PRIVILEGES. 


combustible  material,  permission  and  authority  is  also  hereby  given  to 
the  said  Keeley  Brewing  Company,  to  construct  a tunnel  under- 
neath and  across  said  28th  street,  between  the  points  above  mentioned, 
the  said  bridge  or  passage  way  and  the  said  tunnel  to  be  constructed 
under  the  supervision  and  to  the  satisfaction  of  the  commissioner  of 
public  works. 

Tf  2.  Indemnity — acceptance.]  § 2.  The  said  Keeley  Brewing 
Company  and  its  assigns,  successors,  lessees,  and  any  and  all  persons 
who  shall  occupy  the  buildings  which  said  bridge  and  said  tunnel  are 
to  connect,  shall  indemnify  and  save  harmless  the  city  of  Chicago  of 
and  from  any  and  all  damages  of  every  kind  for  which  it  may  become 
liable  for  or  by  reason  of  the  passage  way  and  tunnel  hereby  granted, 
and  said  Keeley  Brewing  Company  shall,  before  extending  said  bridge 
and  tunnel,  file  with  the  department  of  public  works  its  acceptance  of 
the  conditions  herein  contained. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


L.  KIPER  AND  SONS. 


157.  L. 
IT  1. 

IT  2. 

nr  3. 


Kiper  and  Sons. 

Premises  described — plans  not  to  interfere  with  underground 
work. 

Revocation’of  permission. 

When  in  force. 


An  ordinance  granting  permission  to  L.  Kiper  and  Sons  to  construct  and  maintain 
a coal  vault.  (Passed  January  14,  1895.) 


Tf  1.  Premises  described— plans  not  to  interfere  with  under- 
ground work.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  That,  whereas,  L.  Kiper  & Sons  are  the  owners  of  the 

premises  numbered  ....  Peoria  street,  in  the  city  of  Chicago,  and  are 
desirous  to  construct  and  maintain  a vault  or  coal  chute  under  the  al- 
ley in  the  rear  of  said  premises  for  the  passage  and  storage  of  coal 
and  other  purposes  and  to  connect  with  said  premises,  permission  and 
authority  be  and  is  hereby  granted  to  the  said  L.  Kiper  & Sons  (at 
their  own  expense)  to  construct,  maintain  and  use  said  vault  or  coal 
chute;  Provided,  said  L.  Kiper  & Sons  shall  construct  and  build  said 
vault  or  coal  chute  and  the  cover  thereto  according  to  the  plans  here- 
with submitted;  and,  Provided  further,  that  water,  gas  and  other  pipes 
be  made  to  accommodate  themselves  to  said  vault  or  coal  chute  at  the 
expense  of  said  L.  Kiper  & Sons  under  proper  supervision,  and  that 


JAS.  S.  KIRK  & CO. 


343 


§ !58] 


said  vault  or  coal  chute  does  not  interfere  with  or  injure  present  sewers 
or  other  permanent  underground  fixtures  in  said  alley. 

Tj  2.  Revocation  of  permission.]  § 2.  This  permission  and 
authority  and  the  vault  or  coal  chute  constructed  thereunder  shall  be 
subject  to  all  ordinances  present  or  future,  relating  to  underground 
fixtures  in  said  alley,  and  this  ordinance  is  subject  to  revocation,  and 
the  said  vault  or  coal  chute  subject  to  be  closed  up  and  removed  at 
any  time,  by  ordinance  of  the  city  council. 

^f  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


JAS.  S.  KIRK  & CO. 

§ 158.  Jas.  S.  Kirk  & Co. 

1.  Subway — points  between. 

2.  Construction,  dimensions  and  repairs. 

3.  Restoration  of  street  after  construction. 

4.  Use  of,  limited  to  Jas.  S.  Kirk  & Co.  only. 

5.  Bond. 

6.  Grant  twenty  years — discontinuance. 

An  ordinance  granting  permission  to  Jas.  S.  Kirk  r&  Co.  to  construct  and  main- 
tain a subway  or  tunnel  under  and  across  North  Water  street.  (Passed 
March  2,  1896.) 

If  1.  Subway — points  between.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  granted  to  James  A.  Kirk,  John  B.  Kirk  and  Milton  W. 
Kirk,  composing  the  firm  of  Jas.  S.  Kirk  & Company,  and  their  suc- 
cessors in  business,  to  construct,  maintain  and  use  a subway  or  tunnel, 
in  accordance  with  the  provisions  hereinafter  expressed,  through,  un- 
der and  across  North  Water  street,  in  the  city  of  Chicago,  between  the 
following  points,  to  wit: 

Commencing  in  the  north  line  of  said  North  Water  street,  at  a 
point  not  less  than  one  hundred  feet  nor  more  than  one  hundred  and 
fifty  feet  east  of  the  east  line  of  Pine  street,  and  extending  in  a south- 
erly direction  to  a point  in  the  north  line  of  Water  lot  25,  in  Kinzie’s 
addition  to  Chicago,  not  less  than  one  hundred  feet  nor  more  than  one 
hundred  and  fifty  feet  east  of  the  east  line  of  said  Pine  street  pro- 
duced. 

If  2.  Construction,  dimensions  and  repair.]  § 2.  The  said 
subway  shall  be  constructed  in  substantial  conformity  to  the  plan  here- 
to attached,  with  walls  of  masonry  supporting  steel  I beams  of  eight 
inch  section,  set  not  more  than  twenty-two  inches  apart,  and  roofed 


344 


PRIVATE  PRIVILEGES. 


[§I58 


with  iron  plates  in  such  manner  as  to  make  a firm  and  secure  founda- 
tion for  the  pavement  in  the  street.  Said  subway  shall  not  exceed  five 
feet  in  width  in  the  clear,  and  seven  feet  six  inches  in  height  in  the 
clear,  and  shall  at  all  times  be  kept  in  sound  and  perfect  repair  by  the 
owners  thereof,  who  shall  be  liable  for  any  loss  or  damage  by  reason 
of  a failure  to  keep  the  same  in  repair,  and  shall  indemnify  and  hold 
harmless  the  city  of  Chicago  against  any  and  all  liability,  damage  or 
expense  in  that  behalf. 

1 3.  Restoration  of  street  after  construction.]  § 3.  Said 
subway  shall  be  constructed  with  the  least  practicable  interruption  to 
traffic  along  and  over  said  North  Water  street,  and  in  such  manner 
as  shall  not  at  any  time  wholly  interrupt  or  close  said  street  to  traffic, 
and  when  such  construction  is  completed,  the  said  Jas.  S.  Kirk  & 
Company  shall  at  once  cause  said  street  to  be  restored  to  as  good 
condition  as  before  such  construction  was  commenced. 

14.  Use  of,  limited  to  Jas.  S.  Kirk  & Co.  only.]  § 4. 
The  purpose  of  said  subway  being  to  relieve  the  street  of  traffic  passing 
between  property  owned  and  used  by  said  Jas.  S.  Kirk  & Company  on 
the  north  side  and  south  side  of  said  North  Water  street,  the  same 
shall  be  used  only  for  purposes  of  access  between  such  properties  and 
in  connection  with  the  business  of  said  firm,  or  its  successors. 

1 5.  Bond.]  § 5.  No  construction  shall  be  commenced 
hereunder  until  the  said  Jas.  S.  Kirk  & Company  shall  have  filed  with 
the  city  clerk  a bond  in  the  sum  of  $10,000,  with  good  and  sufficient 
sureties,  conditioned  for  the  performance  of  all  the  obligations  im- 
posed by  this  ordinance. 

1 6.  Grant  20  years— discontinuance.]  § 6.  This  ordinance 

shall  be  in  force  for  a period  of  twenty  years  from  and  after  its  pas- 
sage, provided  that  the  construction,  maintenance  and  use  of  said  sub- 
way shall  at  all  times  be  subject  to  the  control  of  the  city  of  Chicago 
and  to  the  right  of  said  city  to  make  such  use  of  said  North  Water 
street  upon,  above  or  below  the  surface,  as  said  city  may  find  neces- 
sary or  convenient,  and  shall  be  subject  also  to  the  right  of  said  city, 
which  is  hereby  expressly  reserved,  to  revoke  said  permission  and  au- 
thority and  to  require  that  said  subway  be  closed  up  and  discontinued 
at  the  expense  of  said  James  S.  Kirk  & Company  whenever  the  pub- 
lic interests  of  said  city  shall  require. 


1 59] 


MC  AVOY  BREWING  COMPANY. 


345 


Me  AVOY  BREWING  COMPANY. 

§ 159.  McAvoy  Brewing  company. 

1.  Premises  described — plans — indemnity — pay  for  use. 

2.  When  in  force. 

An  ordinance  granting  permission  to  the  McAvoy  Brewing  company  to  construct 
and  maintain  a tunnel  under  South  Park  avenue.  (Passed  April  8,  1896.) 

If  1.  Premises  described  -plans -indemnity— pay  for  use.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

permission  and  authority  be  and  it  hereby  is  given  and  granted  to  the 
McAvoy  Brewing  Company,  a corporation  organized  and  existing  un- 
der and  by  virtue  of  the  laws  of  the  state  of  Illinois,  its  successors  and 
assigns,  to  construct  and  maintain  a tunnel  under,  across  and  through 
South  Park  avenue,,  Chicago,  Cook  county,  Illinois,  between  the  prem- 
ises known  and  described  as  follows,  to  wit: 

Lot  thirty-three  (33),  in  block  two  (2),  of  Walker  Bros.’  addition 
to  Chicago,  being  a subdivision  of  part  of  the  northeast  quarter  of 
section  twenty-seven  (27),  township  thirty-nine  (39)  north,  range  four- 
teen (14)  east  of  the  third  principal  meridian;  said  lot  thirty-three  (33) 
lying  on  the  east  side  of  said  South  Park  avenue,  between  Twenty- 
third  street  and  Twenty-fourth  street;  and  the  premises  known  and 
described  as  follows,  to  wit:  that  unsubdivided  part  of  block  twenty- 
seven  (27),  in  the  canal  trustees’  subdivision  of  the  west  half  of  sec- 
tion twenty-seven  (27),  township  thirty-nine  (39)  north,  range  four- 
teen (14)  east  of  the  third  principal  meridian,  lying  on  the  west  side  of 
said  South  Park  avenue,  between  Twenty-third  street  and  Twenty- 
fourth  street,  and  directly  opposite  said  lot  thirty-three  (33),  in  block 
two  (2),  of  said  Walker  Bros.’  addition  to  Chicago,  for  the  purpose  of 
conduits,  pipes  and  communication  between  the  said  premises,  for  the 
use  of  the  said  McAvoy  Brewing  Company.  Said  tunnel  to  be  con- 
structed in  accordance  with  plans  and  specifications  hereto  attached 
and  made  a part  of  this  ordinance,  and  to  be  constructed  under  the 
direction,  control  and  supervision  of  the  commissioner  of  public 
works,  and  said  tunnel  to  be  so  constructed  as  not  to  interfere  with 
travel  upon  or  the  use  of  said  street  or  any  part  thereof. 

This  permission  and  authority  is  upon  the  express  condition  that 
the  McAvoy  Brewing  Company  aforesaid,  its  successors  and  assigns, 
constructing  or  using  said  tunnel,  by  availing  themselves  hereof,  agree 
to  and  shall  indemnify  and  save  harmless  the  said  city  of  Chicago 
from  any  and  all  damages  that  may  result  or  occur  by  reason  of  the 
construction,  existence  or  using  of  said  tunnel.  It  is  further  agreed 
by  said  McAvoy  Brewing  Company  that  said  corporation,  its  suc- 
cessors or  assigns,  hold  said  tunnel  at  all  times  as  tenants  at  will  of 
the  city  of  Chicago.  Provided  said  company  shall  annually  pay  the 
city  of  Chicago  the  sum  of  one  hundred  (100)  dollars  for  the  use  of 
said  tunnel  while  the  city  allows  the  use  of  same. 

f 2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


346 


PRIVATE  PRIVILEGES. 


[§  160 


JAMES  A.  MILLER. 

§ 160.  James  A.  Miller. 

•fT  i.  Premises  described — plans — discontinuance. 

•jf  2.  Indemnity — acceptance. 

T[  3.  When  in  force. 

An  ordinance  granting  permission  to  James  A.  Miller  to  construct  and  maintain 
a passageway  under  an  alley.  (Passed  January  6,  1896.  Accepted  Feb- 
ruary 8,  1896.) 

If  1.  Premises  described— plans— discontinuance.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 

sion and  authority  be  and  is  hereby  given  to  James  A.  Miller  and  his 
assigns  to  construct,  maintain  and  use  a passage  way  across  and  un- 
der the  alley  running  between  lot  nine  (9),  except  the  north  twenty 
(20)  feet  thereof,  on  the  one  side,  and  lot  six  (6)  on  the  other,  both  in 
Wesencraft’s  subdivision  of  lots  three  (3),  four  (4),  five  (5)  and  six  (6), 
in  block  forty-seven  (47),  in  School  section  addition  to  Chicago,  Cook 
county,  Illinois;  Provided,  that  the  said  James  A.  Miller  shall  con- 
struct and  build  such  passage  way  and  the  cover  thereto  according  to 
plans  submitted  to  and  authorized  by  the  department  of  public  works, 
and  to  the  satisfaction  of  said  department;  and,  Provided  further, 
that  the  construction,  maintenance  and  use  of  said  subway  shall  at  all 
times  be  subject  to  the  control  of  the  city  of  Chicago  and  to  the  right 
of  said  city  to  make  such  use  of  said  alley  upon,  above  or  below  the 
surface,  as  said  city  may  find  necessary  or  convenient,  and  shall  be 
subject  also  to  the  right  of  said  city,  which  is  hereby  expressly  re- 
served, to  revoke  said  permission  and  authority  and  to  require  that 
said  passage  way  be  closed  up  and  discontinued  at  the  expense  of  said 
Miller  and  his  assigns  whenever  the  city  council  of  said  city  shall 
think  proper. 

If  2.  Indemnity— acceptance.]  § 2.  That  the  said  James  A. 
Miller  and  his  assigns  and  lessees,  and  any  and  all  persons  who  shall 
occupy  the  buildings  which  said  passage  way  is  to  connect,  shall  indem- 
nify and  save  harmless  the  city  of  Chicago  of  and  from  all  damages 
of  every  kind  for  which  it  may  become  liable  for  or  by  reason  of  the 
passage  way  hereby  granted;  and  the  said  James  A.  Miller  shall,  be- 
fore constructing  said  passage  way,  file  with  the  city  clerk  within 
thirty  days  from  the  passage  hereof,  his  written  acceptance  of  the 
conditions  herein  contained. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


§ i6j] 


MORGAN  & WRIGHT. 


347 


MORGAN  & WRIGHT. 

§ 161.  Morgan  & Wright. 

•ft  i.  Route. 

2.  Disturbance  of  street — restoration. 

•ft  3.  Permit  for  work. 

4.  Grant  ten  years. 

•ft  5.  Acceptance— bond. 

6.  When  in  force. 

An  ordinance  granting  permission  to  Morgan  & Wright  to  lay  down  underground 
wire  or  wires.  (Passed  March  8,  1897.) 

If  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  are 

hereby  granted  to  the  firm  of  Morgan  & Wright,  to  lay  an  under- 
ground wire  or  wires,  properly  insulated,  and  to  be  carried  in  a three 
and  one-half  (3^2)  inch  iron  pipe,  for  the  purpose  of  furnishing  elec- 
tric light  for  said  Morgan  & Wright’s  use  only,  said  wires  to  be  laid 
along  the  following  route:  From  said  Morgan  & Wright’s  factory,  on 
the  southeast  corner  of  Lake  and  May  streets,  in  the  city  of  Chicago, 
across  Lake  street,  and  thence  westerly  along  and  underneath  the  curb 
of  Lake  street  to  May  street;  thence  northerly  along  and  underneath 
the  curb  of  May  street  to  an  alley  crossing  May  street,  between  Car- 
roll  avenue  and  Fulton  street;  thence  westerly  underneath  the  sur- 
face of  said  alley  to  said  Morgan  & Wright’s  factory,  on  the  south- 
west corner  of  Carroll  avenue  and  May  street. 

If  2.  Disturbance  of  street— restoration.]  § 2.  It  is  hereby 
made  the  duty  of  the  said  Morgan  & Wright,  whenever  they  have  dis- 
turbed the  surface  of  any  of  the  streets  or  alleys  named,  for  the  pur- 
pose of  laying  such  wires  as  they  are  hereby  authorized  to  lay,  to  at 
once  restore  such  street  or  alley  to  as  good  a condition  as  the  same 
was  in  before  being  disturbed,  and  any  sidewalk  or  other  structure 
disturbed  by  said  Morgan  & Wright,  for  the  purpose  of  laying  such 
wires,  shall  be  restored  and  repaired  by  said  Morgan  & Wright  in 
such  manner  as  to  suffer  no  injury. 

If  3.  Permit  for  work.]  § 3.  Before  commencing  any  work , 
under  this  ordinance,  the  said  Morgan  & Wright  shall  obtain  a per- 
mit therefor  from  the  commissioner  of  public  works,  and  any  work 
done  by  said  Morgan  & Wright,  under  the  permission  and  authority 
of  this  ordinance,  shall  be  done  under  the  supervision  and  to  the  sat- 
isfaction of  the  commissioner  of  public  works. 

If  4.  Grant  ten  years.]  § 4.  The  rights  and  privileges  here- 
by granted  shall  expire  at  the  end  of  ten  (10)  years  from  and  after  the 
passage  of  this  ordinance,  and  this  ordinance  is  granted  upon  express 
condition  that  the  wires  herein  authorized  to  be  laid  shall  be  used 
only  for  the  purpose  of  furnishing  electric  light  for  the  private  use  of 
said  Morgan  & Wright. 


348 


PRIVATE  PRIVILEGES. 


[§  162 


If  5.  Acceptance— bond.]  § 5.  Said  Morgan  & Wright  shall 
be  entitled  to  no  rights  or  privileges  under  this  ordinance  until  they 
shall  file  with  the  city  clerk  an  acceptance  thereof,  in  writing,  and  shall 
also  have  filed  a bond  in  the  penal  sum  of  five  thousand  (5,000)  dol- 
lars, conditioned  to  indemnify  and  save  harmless  the  city  of  Chicago 
from  any  and  all  expense,  costs,  damages,  charges  or  liabilities  of  any 
kind  whatsoever  in  any  way  arising  from  or  growing  out  of  the  pro- 
visions of  this  ordinance  or  out  of  the  exercises  of  the  rights  and  priv- 
ileges hereby  conferred  upon  said  Morgan  & Wright. 

Tf  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  the  filing  of  said  acceptance 
and  bond  as  hereinbefore  provided  for. 


JOHN  M.  PASHLEY. 

(MARSHALL  FIELD.) 

§ 162.  John  M.  Pashley. 

Tf  1.  Premises  described — specifications. 
i 2.  Indemnity — acceptance. 

*j[  3.  When  to  take  effect. 

An  ordinance  granting  permission  to 'construct  ancFuse  a bridge  or  covered 

passageway  across  a certain  alley  therein  described.  (Passed  June  6,  1892.) 

If  1.  Premises  described— specifications.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  be  and  is  hereby  given  to  John  M.  Pashley  and  his  assigns 
to  construct  and  use  a bridge  or  covered  passage  way  across  the  alley 
running  between  lots  9,  10  and  1 1 on  one  side  and  lot  6 in  assessor’s 
subdivision  of  lots  6,  7 and  8 &c.,  on  the  other,  all  in  block  13,  Fort 
Dearborn  addition  to  Chicago;  Provided,  the  lowest  portion  of  said 
bridge  or  passage  way  shall  not  be  lower  than  eighteen  feet  above 
grade  of  alley  and  shall  be  so  constructed  that  free  and  unobstructed 
passage  may  be  had  under  the  same;  and  Provided  that  said  bridge  or 
passage  way  shall  be  constructed  of  incombustible  material  and  to  the 
satisfaction  of  the  commissioner  of  buildings. 

If  2.  Indemnity— acceptance.]  § 2.  The  said  John  M.  Pash- 
ley and  his  assigns  and  lessees,  and  any  and  all  persons  who  shall 
occupy  the  buildings  which  said  bridge  is  to  connect,  shall  indemnify 
and  save  harmless  the  city  of  Chicago  of  and  from  all  damages  of 
every  kind  for  which  it  may  become  liable  for  or  by  reason  of  the  pas- 
sage way  hereby  granted;  and  said  John  M.  Pashley  shall,  before  ex- 
tending said  bridge  or  passage  way,  file  with  the  department  of  public 
works  his  acceptance  of  the  conditions  herein  contained;  Provided 


§§  i<>3.  164] 


PRODUCE  COLD  STORAGE  EXCHANGE. 


349 


said  bridge  or  passage  way  be  used  exclusively  as  a passage  way  be- 
tween said  buildings  and  that  no  goods  shall  be  stored  or  sold  in  said 
passage  way. 

% 3.  When  to  take  effect.]  § 3.  This  ordinance  shall  be 
in  force  from  and  after  its  passage. 


F.  W.  PECK. 

§ 163.  F.  W.  Peck. 

1.  Premises  described — bond — use  limited. 

An  ordinance  granting  permission  to  F.  W.  Peck  to  construct  a coal  vault  in  an 
alley.  (Passed  April  24,  1882.) 

If  1.  Premises  described— bond— use  limited.]  Be  it  or- 
dered by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the  de- 
partment of  public  works  issue  a permit  to  F.  W.  Peck  to  excavate 
under  and  to  the  middle  line  of  the  alley  in  rear  of  the  building  known 
as  Nos.  218  and  220  Randolph  street,  in  the  city  of  Chicago,  for  the 
purpose  of  making  a place  to  store  coal  in,  and  for  no  other  use  or  pur- 
pose whatever;  provided,  that  the  said  F.  W.  Peck  Shall  first  execute 
a bond,  with  good  and  sufficient  sureties,  to  the  city  of  Chicago,  sat- 
isfactory to  the  commissioner  of  public  works,  in  the  penal  sum  of  five 
thousand  dollars  ($5,000),  conditioned  that  the  said  F.  W.  Peck  will 
restore  the  roadway  of  said  alley  to  as  good  a condition  as  before  the 
making  of  said  excavation,  and  will  keep  and  maintain  the  same  in  a 
good  condition  and  safe  for  public  travel  and  will  not  use  said  excava- 
tion except  for  the  purpose  hereinbefore  described;  also,  that  he  will  not 
disturb  or  injure  any  water,  sewer  or  gas  pipe  in  said  alley,  and  will  do 
all  of  said  work  under  the  superintendence  and  direction  and  to  the  sat- 
isfaction of  the  department  of  public  works. 


PRODUCE  COLD  STORAGE  EXCHANGE. 

§ 164.  Produce  Cold  Storage  Exchange. 

1.  Grant — bond. 

2.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  Produce  Cold  Storage  Exchange  to 
construct  an  elevated  roadway  290  feet  long  over  a certain  alley  therein 
designated.  (Passed  March  14,  1892.) 

If  1.  Grant — bond.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the  same 


350  PRIVATE  PRIVILEGES.  [§  1 65 

is  hereby  granted  to  the  Produce  Cold  Storage  Exchange  to  construct 
an  elevated  roadway  over  the  alley  situated  between  West  Water  street 
and  Canal  street,  and  extending  from  West  Lake  street  to  West  Ran- 
dolph street;  said  elevated  roadway  to  be  constructed  over  the  said 
alley  extending  from  West  Lake  street  southward  290  feet,  beginning 
at  the  present  grade  of  West  Lake  street  and  continued  at  such  proper 
elevation  as  will  permit  of  the  free  use  of  the  alley  below  such  elevated 
roadway,  with  entrance  to  same  from  West  Randolph  street  as  at  pres- 
ent, all  in  accordance  with  the  accompanying  tracing  to  be  filed  with 
the  department  of  public  works  of  the  city  of  Chicago  and  to  be  con- 
structed according  to  plans  which  shall  be  approved  by  the  said  de- 
partment of  public  works  of  the  city  of  Chicago;  provided,  however, 
that  said  Produce  Cold  Storage  Exchange  shall  execute  to  the  city  .of 
Chicago  a good  and  sufficient  bond  in  the  penal  sum  of  five  thousand 
dollars  ($5,000),  to  be  approved  by  the  mayor,  conditioned  to  save 
the  city  harmless  from  all  damages  which  may  result  from  the  passage 
of  this  ordinance. 

Tf  2.  When  to  take  effect,]  § 2.  This  ordinance  shall  be 
in  force  from  and  after  its  passage. 


RAND,  McNALLY  & CO.  AND  OTHERS. 

§ 165.  Rand,  McNally  & Co.  and  others. 

*[[  1.  Specifications. 

•[[  2.  Acceptance  by  property  holders — liability. 

3.  Disposition  of  underground  work. 

if  4.  Bond  by  property  owners. 

T[  5.  When  in  force. 

An  ordinance  granting  permission  to  Rand,  McNalley  & Co.  to  excavate  and  use 
space  underneath  Quincy  street.  (Passed  August  1,  1889.  Accepted  by 
Rand,  McNally  & Co.  August  20,  1889.  Accepted  by  Royal  Insurance 
Company  December  3,  1889.  Accepted  by  John  H.  Loomis  December  18, 
1889.) 

If  1.  Specifications.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby 
granted  to  Rand,  McNally  & Company,  a corporation,  and  others,  the 
owners  and  holders  of  property  abutting  on  both  sides  of  Quincy  street, 
commencing  at  the  west  line  of  La  Salle  street  and  running  thence 
west  two  hundred  and  ten  (210)  feet,  to  excavate  Quincy  street  in  front 
of  said  210  feet,  and  use  the  space  underneath  the  surface  of  said 
Quincy  street  for  purposes  in  connection  with  the  buildings  now  built 
or  that  may  hereafter  be  built  on  said  210  feet  frontage;  Provided,  that 
the  space  of  eight  (8)  feet  shall  be  left  in  the  center  of  said  street  for 


1 66] 


ALBERT  RUSSELL. 


351 


the  purpose  of  placing  therein  sewer,  gas,  water  pipes,  electric  wires, 
conduits  and  for  any  other  use  the  city  may  desire.  The  pavement 
over  said  area  space  to  be  relaid  and  all  other  work  to  be  done  at  the 
expense  of  said  property  owners,  according  to  plans  and  specifications 
to  be  submitted  to  the  commissioner  of  public  works,  who  shall  issue 
a permit  authorizing  such  excavation  in  conformity  with  said  plans. 

If  2.  Acceptance  by  property  holders — liability.]  § 2.  The 
said  property  holders  shall,  before  commencing  such  excavation,  ac- 
cept all  the  provisions  and  conditions  of  this  ordinance,  and  shall  be 
liable  to  the  city  for  all  costs  which  it  may  incur  by  reason  of  the  pas- 
sage of  this  ordinance,  or  damages  which  may  be  recovered  against  the 
city  by  reason  of  the  rights  granted  under  this  ordinance. 

f 3.  Disposition  of  underground  work.]  § 3.  The  pres- 
ent sewer,  gas  and  water  pipes  now  on  the  part  of  Quincy  street  to  be 
so  excavated  shall  be  placed  in  the  center  of  said  Quincy  street,  at  the 
expense  of  the  property  holders  who  shall  accept  the  provisions  of  this 
ordinance;  which  acceptance  shall  be  filed  with  the  city  clerk  within 
thirty  (30)  days  from  the  passage  hereof. 

1 4.  Bond  by  property  owners.]  § 4.  Any  property  owner 
or  lessee,  who  shall  accept  of  the  provisions  of  this  ordinance,  shall  file 
a bond  with  the  city  clerk,  to  be  approved  by  the  mayor  and  comp- 
troller, in  the  penal  sum  of  ten  thousand  dollars  ($10,000),  to  indem- 
nify and  save  harmless  the  city  against  any  loss  or  damage  that  may 
occur  by  reason  of  the  passage  of  this  ordinance. 

If  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  acceptance  as  herein  provided. 


ALBERT  RUSSELL. 

§ 1 66.  Albert  Russell, 

i.  Location. 

•ft  2.  When  in  force. 

Ordinance  granting  permission  to  Albert  Russell  to  erect  a shelter  shed.  (Passed 

April  8,  1897.) 

If  1.  Location.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  permission  is  hereby  given  to  Albert  Russell 
to  erect  on  the  dock  property  on  the  north  side  of  Chicago  avenue,  be- 
tween Halsted  street  and  the  Chicago  avenue  bridge,  to-wit:  On  lots 
3,  4 and  5,  block  99,  Elsdon’s  addition  to  the  city  of  Chicago,  a frame 
shelter  shed  for  lumber,  88  feet  by  198  feet,  and  not  more  than  24  feet 
high,  the  roof  of  which  may  have  an  elevation  extending  along  its  en- 


352 


PRIVATE  PRIVILEGES. 


[§  167 


tire  length  about  18  feet  from  the  edge,  which  shall  not  exceed  4 feet 
in  height  above  the  remaining  portions  of  the  roof,  and  shall  not  be 
more  than  12  feet  wide. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


SANITARY  DISTRICT  OF  CHICAGO. 

§ 167.  Sanitary  District. 

1.  Grant. 

IF  2.  Temporary  channel  and  roadway. 

if  3.  Western  avenue  bridge. 

TT  4.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  sanitary  district  of  Chicago  to  excavate 

its  main  drainage  channel  across  Western  avenue.  (Passed  July  11,  1895. 

Accepted  October  7,  1895.) 

If  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  is  hereby  given  and  granted  to  the 
sanitary  district  of  Chicago  to  excavate  its  main  drainage  channel 
across  Western  avenue  to  a width  of  183.26  feet  at  bottom,  with  side 
slopes  of  two  (2)  feet  horizontal,  to  one  foot  vertical,  and  the  center 
line  of  said  channel  to  cross  the  center  line  of  said  Western  avenue  (the 
same  being  the  range  line  between  ranges  thirteen  (13)  and  fourteen 
(14),  east  of  the  third  principal  meridian,  in  Cook  county),  about  sev- 
enty-nine (79)  feet  north  of  the  intersection  of  the  said  center  line  of 
Western  avenue  and  the  center  line  of  31st  street. 

1 2.  Temporary  channel  and  roadway.]  § 2.  Said  sani- 
tary district  may  cause  to  be  cut  across  said  Western  avenue  at  once  a 
channel  sixty  (60)  feet  wide,  so  as  to  give  access  to  excavation  to  the 
west  of  said  avenue  while  the  abutments  to  the  permanent  bridge  pro- 
vided for  in  section  3 hereof  are  being  constructed;  Provided,  that  a 
temporary  roadway  suitable  for  heavy  traffic  shall  first  have  been  con- 
structed to  the  west  of  said  avenue  to  accomodate  travel  while  said 
channel  is  being  so  excavated,  and  that  after  such  excavation  said  chan- 
nel shall  be  spanned  by  a pontoon  or  other  temporary  bridge  of  such 
construction  as  to  meet  the  requirements  of  traffic  on  said  avenue  until 
said  permanent  bridge  has  been  provided  in  the  line  of  Western  ave- 
nue. 

Tf  3.  Western  avenue  bridge.]  § 3.  Said  sanitary  district 
shall  construct  in  the  line  of  said  Western  avenue,  over  the  channel 
provided  for  in  section  1,  a fixed  bridge  not  less  than  two  hundred  and 
fifty  (250)  nor  more  than  three  hundred  (300)  feet  in  length.  The  low- 
est projection  of  iron  work  on  said  bridge  shall  not  be  less  than  twenty- 


§ 167] 


sanitary  District  of  chIcago. 


353 


two  (22)  feet  above  datum,  and  the  grades  of  the  approaches  thereto 
shall  not  exceed  one  foot  in  twenty-five  feet.  The  trusses  and  floor 
system  shall  be  proportioned  for  a live  load  of  one  hundred  (100) 
pounds  per  square  foot,  in  addition  to  the  weight  of  the  iron  in  the 
structure  and  the  weight  of  the  floor.  The  quality  of  the  material  used 
in  said  bridge  and  the  tensile  and  compressive  strains  thereof  shall 
conform  to  the  specifications  in  use  by  the  city  of  Chicago  for  metallic 
bridge  structures.  Said  bridge  shall  have  sufficient  width  for  and  shall 
provide  two  roadways,  each  eighteen  feet  in  width  in  the  clear,  with 
head-room  not  less  than  fourteen  (14)  feet. 

Provided,  however,  that  the  plans  and  specifications  for  said  bridge 
shall  be  first  submitted  to  and  be  approved  by  the  department  of  pub- 
lic works,  and  that  the  construction  of  said  bridge,  and  all  the  acts 
provided  for  by  this  ordinance,  shall  be  under  the  supervision  and  di- 
rection of  the  commissioner  of  public  works. 

And  provided  further,  that  the  said  sanitary  district  of  Chicago, 
and  its  successors,  shall  indemnify  and  save  harmless  the  city  of  Chi- 
cago of  and  from  any  and  all  damages  of  every  kind  for  which  it  may 
become  liable  through  or  by  reason  of  the  acts  by  this  ordinance  au- 
thorized, or  in  the  maintenance  of  the  bridge  hereby  granted. 

The  cost  of  constructing  said  bridge,  and  of  all  repairs  thereof, 
together  with  the  expenses  of  maintaining  and  caring  for  the  same, 
and  the  cost  of  building  an  approach  to  each  end  of  said  bridge  from 
the  level  at  the  established  grade  of  said  street,  and  the  cost  of  paving 
said  approaches  and  keeping  the  same  in  good  repair,  shall  be  wholly 
paid  by  said  sanitary  district.  The  grade  of  said  approaches  to  be  one 
foot  in  twenty-five  feet.  Provided,  however,  that  rights  and  privi- 
ileges  in  this  ordinance  enumerated,  are  granted  upon  the  express  con- 
dition that  the  city  of  Chicago  may  at  any  time  require  any  change  in 
said  bridge,  or  in  the  approaches  thereto,  that  the  needs  or  convenience 
of  the  public  may  require,  and  the  cost  or  expense  of  the  same  shall 
be  paid  by  said  sanitary  district;  and  upon  the  further  express  con- 
dition that  whenever  the  channel  of  said  canal  shall  be  enlarged  so  as 
to  be  capable  of  being  used  for  navigation,  the  said  sanitary  district 
shall  substitute  and  pay  for  a swing  or  lift  bridge,  in  place  of  the  bridge 
herein  provided  for,  which  shall  be  constructed  on  such  plan  and  in 
such  manner  as  the  city  of  Chicago  shall  direct,  and  shall  thereafter 
be  maintained  and  operated  at  the  expense  of  said  sanitary  district; 
and  nothing  herein  contained  shall  be  construed  in  any  manner  to  re- 
lease the  control  and  authority  over  any  part  of  said  Western  avenue 
vested  in  said  city  under  any  law  defining  the  powers  of  municipalities 
over  streets. 

If  4.  When  in  force— acceptance.]  § 4.  This  ordinance 

shall  take  effect  upon  the  passage  of  a resolution  by  said  sanitary  dis- 
trict accepting  the  provisions  and  agreeing  to  comply  with  the  con- 
ditions of  the  same. 


23 


354 


PRIVATE  PRIVILEGES. 


SCHLESINGER  & MAYER. 

§ 1 68.  Schlesinger  & Mayer. 

If  i.  Tunnel  specifications, 
if  2.  Bridge  specifications, 
if  3.  City  to  supervise  construction. 

If  4.  Covenant — indemnity. 

if  5.  Pay  for  use.  1..J 

it  6.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  Schlesinger  & Mayer  to  construct  and 

maintain  a tunnel  and  three  bridges.  (Passed  July  6,  1896.  Accepted  July 

15,  1896.) 

' If  1.  Tunnel  specifications.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  the  commissioner  of  public 
works  be  and  he  is  hereby  directed  to  issue  a permit  to  Schlesinger 
and  Mayer,  their  successors  and  assigns,  for  the  construction  and  main- 
tenance by  said  Schlesinger  and  Mayer,  their  successors  and  assigns, 
of  a tunnel  built  of  masonry  retaining  walls  and  covered  with  steel 
beams  and  concrete,  asphalted  on  top,  underneath,  across  and  through 
the  alley  between  the  premises  known  as  numbers  141  and  143  Wa- 
bash avenue,  otherwise  known  and  described  as  the  north  one-half  of 
lot  five  (5),  in  block  two  (2),  in  fractional  section  fifteen  (15),  addition 
to  Chicago,  in  Cook  county,  Illinois;  and  141  and  143  State  street, 
otherwise  known  and  described  as  sub-lots  eight  (8)  and  nine  (9)  of  B. 
S.  Morris’  subdivision  of  certain  lots  in  block  two  (2)  in  fractional  sec- 
tion fifteen  (15),  addition  to  Chicago,  in  Cook  county,  Illinois,  for  the 
purpose  of  conduits,  pipes  and  communication  between  the  said  prem- 
ises; said  tunnel  to  be  so  constructed  as  not  to  interfere  with  travel 
upon  said  alley. 

If  2.  Bridge  specifications.]  § 2.  That  the  commissioner  of 
public  works  be  and  he  is  hereby  directed  to  issue  a permit  to  said 
Schlesinger  and  Mayer,  their  successors  and  assigns,  for  the  construc- 
tion and  maintenance  by  said  Schlesinger  and  Mayer,  their  successors 
and  assigns,  of  three  bridges  connecting  the  rear  of  the  second,  third 
and  fourth  floors  of  the  buildings  located  on  said  premises  and  known 
as  numbers  141  and  143  Wabash  avenue  and  said  premises  known  as 
numbers  141  and  143  State  street,  said  bridges  to  be  supported  on 
plate  girders  or  trusses  spanning  the  said  alley  and  suitably  supported 
at  the  ends;  the  floors  thereof  to  be  constructed  of  steel  beams  filled  in 
between  with  fireproof  material;  the  roofs  and  sides  to  be  of  glass  or 
fireproof  material.  The  floor  of  the  bridge  connecting  said  second 
floors  of  said  premises  shall  be  at  least  17J4  feet  in  the  clear  above  the 
surface  of  said  alley. 

If  3.  City,  to  supervise  construction.]  § 3.  Said  tunnel  and 

bridges  shall  be  of  the  general  plan  and  design  as  contemplated  on 
plans  hereto  attached,  and  shall  be  constructed  under  the  supervision 
of  the  commissioner  of  public  works  and  be  in  compliance  with  the 
fire  ordinances  of  the  city  of  Chicago.  And  said  Schlesinger  and 


[§  >69 


HENRY  SCHOELLKOPF. 


355 


Mayer  are  hereby  given  the  right  and  authority  to  construct  and  main- 
tain such  tunnel  and  bridges  in  accordance  with  the  provisions  hereof. 

% 4.  Covenant— indemnity.]  § 4.  This  ordinance  and  the 
permission  thereby  granted  to  said  Schlesinger  and  Mayer,  their  suc- 
cessors and  assigns,  is  based  upon  the  express  condition  that  said 
Schlesinger  and  Mayer,  their  successors  and  assigns,  by  availing  them- 
selves thereof  covenant  and  agree  to  and  with  the  said  city  of  Chicago, 
for  themselves,  their  heirs,  executors,  administrators,  successors  and 
assigns,  that  they  will  forever  indemnify  and  save  harmless  the  said 
city  of  Chicago  and  its  officers  and  each  and  every  one  of  them  from 
any  and  all  loss,  damage  and  expense  whatever  for  which  it  or  they 
or  any  of  them  may  become  liable,  or  which  may  at  any  time  be 
awarded  or  adjudged  against  said  city  or  its  officers,  by  reason  of  or  in 
consequence  of  the  construction  and  maintenance  of  said  tunnel  and 
bridges  or  any  of  them,  or  by  reason  of  or  in  consequence  of  any  act 
or  thing  whatever  by  said  Schlesinger  and  Mayer  or  any  of  their 
agents,  servants,  contractors  or  workmen,  done,  permitted  or  suffered 
to  be  done,  in  making,  excavating,  constructing,  using,  maintaining  or 
doing  any  other  act  or  thing  in,  upon  or  about  said  tunnel  and  bridges 
or  any  of  them;  that  said  Schlesinger  and  Mayer  will  cause  said  tunnel 
to  be  strongly  and  firmly  covered  and  will  forever  keep  it  so  covered 
so  as  in  no  manner  to  interfere  with  the  use  of  said  alley  or  any  portion 
thereof  as  a public  highway,  and  so  as  to  make  the  same  safe  for  per- 
sons, carriages,  teams  and  all  animals  and  vehicles  to  pass  and  repass 
over  and  above  the  same,  upon  the  established  grade. 

T 5.  Pay  for  use.]  § 5.  This  ordinance  is  granted  upon 
the  express  condition  that  said  Schlesinger  and  Mayer,  their  heirs, 
executors  and  assigns,  shall  pay  to  the  city  of  Chicago  $100  per  ap- 
num  for  permission  to  use  the  space  hereby  granted  by  this  ordinance, 
and  on  their  failure  to  do  so  all  rights  and  privileges  hereby  granted 
shall  become  null  and  void. 

f 6.  When  in  force  — acceptance.]  § 6.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage  and  accept- 
ance, provided  the  acceptance  be  filed  with  the  city  clerk  within  thirty 
days  from  the  passage  of  this  ordinance. 


HENRY  SCHOELLKOPF. 

§ 169.  Henry  Schoellkopf. 

If  1.  Description  and  specifications. 

If  2.  Subject  to  control  of  city — discontinuance. 

If  3-  Bond. 

IT  4-  When  in  force. 

An  ordinance  granting  permission  to  Henry  Schoellkopf  to  construct  and  use 
space  in  an  alley  for  coal  vault.  (Passed  March  22,  1897.) 


356 


PRIVATE  PRIVILEGES. 


f 1.  Description  and  specifications.  ] Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § i.  That  permission  and  author- 
ity be  and  the  same  are  hereby  given  to  Henry  Schoellkopf,  of  the  city 
of  Chicago,  county  of  Cook,  and  state  of  Illinois,  to  excavate,  use  and 
maintain  a space  not  to  exceed  thirty-seven  (37)  feet  six  (6)  inches 
long  by  nine  (9)  feet  wide  and  ten  (10)  feet  in  depth,  under  the  sur- 
face of  the  alley  running  east  and  west  between  Market  and  Franklin 
streets  and  Indiana  and  Illinois  streets,  in  the  city  of  Chicago,  for  the 
purpose  of  storing  coal  and  other  like  purposes;  said  excavation  to  be 
within  the  following  points:  Beginning  at  the  north  line  of  the  alley 
at  a point  immediately  south  of  the  east  line  of  lot  three  (3)  of  block 
five  (5),  in  Butler,  Wright  and  Webster’s  addition  to  Chicago,  in  the 
N.  E.  quarter,  sec.  9,  town  thirty-nine  (39)  north,  range  four- 
teen (14),  east  of  the  third  P.  M.;  thence  nine  (9)  feet  south 
to  the  center  line  of  said  alley;  thence  thirty-seven  (37)  feet  and  six 
(6)  inches  west  on  the  center  line  of  said  alley,  and  thence  north  nine 
(9)  feet  to  the  north  line  of  said  alley,  and  thence  east  along  the  north 
line  of  said  alley  to  the  place  of  beginning;  all  of  said  space  abutting 
on  and  being  immediately  south  of  the  premises  owned  by  the  said 
Henry  Schoellkopf.  Provided,  however,  that  said  Henry  Schoellkopf 
shall  make  such  excavation,  cover  the  same  and  construct  it  accord- 
ing to  plans  to  be  submitted  to  and  to  be  authorized  by  the  depart- 
ment of  public  works,  and  in  every  way  to  the  satisfaction  of  said  de- 
partment; and  provided,  further,  that  the  surface  of  said  alley  over  the 
space  so  excavated  shall  be  restored  in  as  short  a time  as  possible  to  as 
good  condition  for  public  traffic  as  before  such  excavation  was  made  ; 
such  restoration  to  be  made  under  the  supervision  and  to  the  satis- 
faction of  the  department  of  public  works. 

If  2.  Subject  to  control  of  city  — discontinuance.  ] § 2. 

The  construction,  maintenance  and  use  of  said  excavated  space  shall 
at  all  times  be  subject  to  the  control  of  the  city  of  Chicago,  and  said 
city  shall  have  the  right  to  a reasonable  use  of  said  space,  free  of 
charge,  for  the  running  or  laying  of  city  wires  or  mains  or  conductors, 
and  the  permission  and  authority  herein  given  is  given  subject  to  the 
right  of  the  city  of  Chicago,  which  said  right  is  hereby  expressly  re- 
served, to  revoke  said  permission  and  authority  and  to  require  that 
the  use  of  said  space  be  discontinued  and  that  said  space  be  filled  up  at 
the  expense  of  the  said  Henry  Schoellkopf,  whenever  the  public  inter- 
ests of  said  city  shall  require  it. 

t 3.  Bond.  ] § 3.  No  excavation  or  construction  shall  be 

begun  hereunder  until  the  said  Henry  Schoellkopf  shall  have  filed  with 
the  city  clerk  a bond  in  the  sum  of  five  thousand  ($5,000)  dollars,  with 
sureties  to  be  approved  by  the  mayor,  conditioned  for  the  performance 
of  all  the  obligations  of  this  ordinance,  and  also  conditioned  to  indem- 
nify, save  and  keep  harmless  the  city  of  Chicago  from  any  and  all 
damages,  costs  or  expense  which  may  accrue  against  said  city  by  rea- 
son of  the  grant  herein. 


DANIEL  SHELBY. 


357 


4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage  and  approval  of  the  bond 
herein  required. 


SEARS,  ROEBUCK  & COMPANY. 

§ 170.  Sears,  Roebuck  & Company. 

TT  1.  Construction — plans. 

2.  Indemnity — acceptance. 

Tf  3.  When  in  force. 

An  ordinance  granting  permission  to  Sears,  Roebuck  & Company  to  construct 
a fixed  awning.  (Passed  January  4,  1897.) 

f 1.  Construction — plans.  ] Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  Sears,  Roebuck  & Co.,-  incorpo- 
rated, be  and  it  is  hereby  allowed  and  permitted  to  construct  a fixed 
awning  over  its  store  front,  Nos.  82  and  84J/2  Fulton  street,  as  a pro- 
tection to  the  entrance  to  its  building  there  located;  such  awning  to 
be  constructed  according  to  plans  and  specifications  to  be  submitted 
to  the  commissioner  of  public  works,  and  to  his  entire  satisfaction  and 
approval. 

If  2.  Indemnity— acceptance.]  § 2.  That  said  Sears,  Roe- 

buck & Co.,  incorporated,  and  its  assigns  and  lessees,  shall  indemnify 
and  save  harmless  the  city  of  Chicago  of  and  from  all  damages  of 
every  kind  for  which  the  city  may  become  liable  by  reason  of  the  erec- 
tion or  maintenance  of  the  awning  hereby  granted,  and  said  Sears, 
Roebuck  & Co.,  incorporated,  shall,  before  erecting  said  awning,  file 
with  the  commissioner  of  public  works  its  acceptance  of  the  conditions 
of  this  ordinance. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 


DANIEL  SHELBY, 

§ 1 71.  Daniel  Shelby. 

IF  1.  Academy  of  Music. 

IF  2.  When  in  force. 

An  ordinance  granting  permission  to  Daniel  Shelby  to  erect  a weather  porch, 
etc.  (Passed  July  19,  1886.) 

* 1.  Academy  of  Music.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and 


358 


PRIVATE  PRIVILEGES. 


[§  *7* 


the  same  is  hereby  granted  to  Daniel  Shelby  to  erect,  under  the  su- 
pervision and  subject  to  the  approval  of  the  commissioner  of  public 
works,  a weather  porch  and  storm  door  at  the  front  entrance  of  the 
Academy  of  Music,  on  South  Halsted  street. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


HENRY  STRONG. 

§ 172.  Henry  Strong. 

If  1.  Specifications — bond — removal, 
if  2.  Supervision. 

^f  3.  When  in  force. 

An  ordinance  granting  permission  to  construct  an  iron  bridge  across  an  alley 
therein  designated.  (Passed  December  5,  1881.) 

if  1.  Specifications — bond— removal.]  Be  it  ordained  by  the 

city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 
thority be  and  are  hereby  given  to  Henry  Strong,  and  his  assigns, 
to  construct  and  use  an  iron  bridgeway  between  the  front  and  rear  ' 
buildings  of  the  premises  numbers  183,  185  and  187  East  Monroe 
street,  in  the  city  of  Chicago,  and  crossing  the  branch  alley  between 
the  said  buildings;  Provided,  however,  that  the  bottom  of  the  said 
bridgeway  shall  not  be  lower  than  the  floor  line  of  the  second  story 
of  the  said  buildings,  so  that  free  and  unobstructed  passage  under  the 
same  may  be  had  in  the  said  branch  alley. 

And  provided  also,  that  the  said  Henry  Strong  shall  give  a good 
and  sufficient  bond,  conditioned  to  hold  the  city  of  Chicago  harmless 
from  any  and  all  claims  for  damages  arising  from  such  construction, 
and  provided,  further,  that  the  said  bridgeway  may  and  shall  be  re- 
moved at  the  expense  of  the  said  Henry  Strong,  or  his  assigns,  when-  ! 
ever  so  ordered  by  the  city  council. 

% 2.  Supervision.  ] § 2.  The  work  authorized  in  the  preced- 

ing section  shall  be  done  under  the  direction  and  supervision  of  the 
department  of  public  works  of  the  city  of  Chicago,  and  the  expense 
thereof  shall  be  borne  by  the  said  Henry  Strong. 

3.  When  in  force.]  § 3.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 


§ § 173,  174] 


TOBEY  & BOOTH. 


359 


THOMSON  & TAYLOR  SPICE  COMPANY. 

§ 173.  Thomson  & Taylor  Spice  company. 

1.  Premises  described — plans — removal. 

An  ordinance  granting  permission  to  the  Thomson  & Taylor  Spice  company  to 
maintain  a steam  pipe  across  and  under  an  alley.  (Passed  October  25,  1886.) 

1.  Premises  described — plans — removal.]  Be  it  ordained 

by  the  city  council  of  the  city  of  Chicago:  § 1.  That  whereas,  The 
Thomson  & Taylor  Spice  Company  is  the  occupant  of  the  premises 
known  as  34,  36,  38  and  40  South  Water  street  in  the  city  of  Chicago, 
and  has  leased  the  building  known  as  30  and  32  of  the  same  street,  and 
is  desirous  to  place  and  maintain  a steam  pipe  across  the  alley  between 
numbers  32  and  34  South  Water  street  for  the  purpose  of  heating  the 
said  building  by  steam,  permission  and  authority  be  and  the  same  is 
hereby  granted  to  the  said  Thomson  & Taylor  Spice  Company  (at 
their  own  expense),  to  place,  maintain,  and  use  such  steam  pipe;  Pro- 
vided, said  Thomson  & Taylor  Spice  Company  shall  lay  such  steam 
pipe  according  to  plans  submitted  to  and  authorized  by  the  depart- 
ment of  public  works  of  the  city;  and 

Provided  further,  that  the  said  steam  pipe  shall  be  so  placed  as 
to  accommodate  itself  to  all  other  fixtures  underground; 

And  provided  further,  that  said  pipe  may  and  shall  be  removed 
at  any  time  when  ordered  so  to  do  by  the  city  council  or  by  the  mayor 
and  commissioner  of  public  works. 


TOBEY  & BOOTH. 

§ 174.  Tobey  & Booth. 

1.  Specifications — bond — removal. 

An  ordinance  authorizing  Tobey  & Booth  to  construct  a bridge  across  Grove 
street.  (Passed  November  8,  1880.). 

1 1.  Specifications — bond  — removal.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  Messrs.  Tobey  & Booth 
be  and  they  are  hereby  authorized  and  permitted  to  construct  a bridge 
across  Grove  street,  north  of  Eighteenth  street,  from  their  packing 
house  to  their  market;  said  bridge  to  be  twenty-eight  feet  above  the 
grade  of  the  street,  and  to  be  not  more  than  seven  feet  wide;  Provided, 
that  said  bridge  shall  be  constructed  as  directed*  by  and  under  the  su- 
perintendence of  the  department  of  public  works;  and  Provided  fur- 
ther, that  said  Tobey  & Booth  shall  give  a good  and  sufficient  bond 
in  the  penal  sum  of  $10,000,  to  be  approved  by  the  mayor,  to  save  the 
city  harmless  from  any  and  all  damages  to  any  person  or  persons  aris- 
ing out  of,  or  resulting  from,  the  privileges  hereby  granted,  and  to 
remove  said  bridge  whenever  ordered  so  to  do  by  the  city  council. 


360 


PRIVATE  PRIVILEGES. 


[§  § I75>  176 


WAHL  BROTHERS. 

§ 175.  Wahl  Brothers. 

TJ  1.  Over  south  branch  of  the  Chicago  river — watchmen  and  bridge- 
tenders — bond. 

If  2.  When  in  force. 

An  ordinance  granting  permission  to  Wahl  Brothers  to  construct  a swing  bridge 
over  the  south  branch.  (Passed  June  14,  1875.) 

If  1.  Over  south  branch  of  Chicago  river  — watchmen  and 
bridge-tenders — bond.]  Be  it  ordained  by  the  common  council  of 
the  city  of  Chicago:  § 1.  That  permission  be  and  is  hereby  granted 
to  Wahl  Brothers  to  construct  a swing  bridge  over  the  south  branch 
of  the  Chicago  river  between  Thirty-first  street  and  Thirty-third  street, 
said  bridge  to  be  built,  maintained  and  kept  in  repair,  and  all  expenses 
of  watchmen  and  bridge  tenders  to  be  paid  by  said  Wahl  Brothers; 
Provided,  however,  that  this  ordinance  shall  not  take  effect  until  said 
Wahl  Brothers  shall  have  entered  into  a good  and  sufficient  bond,  to 
be  approved  by  the  mayor  and  the  board  of  public  works,  to  indemnify 
said  city  against  any  arid  all  damages,  cost  and  expenses  which  may 
be  incurred  by  reason  of  granting  said  permission. 

H 2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  the  approval  of  the 
bond,  provided  for  in  section  1 of  this  ordinance. 


E.  C.  WALLER. 

§ 176.  E.  C.  Waller. 

1.  Premises  described — use  of  space — plans— alley  to  be  kept  in 
repair. 

An  ordinance  granting  permission  to  E.  C.  Waller  to  use  certain  underground 
space  in  an  alley.  (Passed  May  18,  1885.) 

If  1.  Premises  described— use  of  space— plans— alley  to  be 
kept  in  repair.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  are  hereby- 
granted  unto  the  lessee,  under  the  ordinance  passed  May  12,  1885,  of 
lots  thirty-three  (33)  to  thirty-nine  (39),  inclusive;  the  east  eight  (8) 
feet  of  lots  forty  (4o)#and  forty-three  (43),  and  lots  forty-four  (44)  to 
fifty  (50),  inclusive;  all  in  block  one  hundred  and  sixteen  (116)  in 
School  section  addition  to  Chicago;  to  use  such  space  under  the  alley 
east  of  and  adjoining  said  premises,  and  under  the  court  or  street 
south  of  and  adjoining  said  premises,  for  and  during  the  term  of  said 
lease,  as  may  be  required  for  boilers,  engines,  machinery,  etc.,  to  be 
used  in  connection  with  the  building  to  be  erected  upon  said  premises, 


WESTERN  ELECTRIC  COMPANY. 


361 


§ 1 7 7] 

the  plans  for  such  work  to  be  submitted  to  and  approved  by  the  com- 
missioner of  public  works,  and  the  improvement  to  be  made  under  his 
supervision. 

This  ordinance,  however,  to  be  upon  condition  that  the  said  court 
and  alley  shall  be  at  all  times  kept  in  a safe  condition  for  public  use, 
and  that  the  city  of  Chicago  be  held  harmless  from  any  damages  ac- 
cruing by  reason  of  this  permission. 

Note. — The  ordinance  referred  to  is  as  follows: 

Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  That  the  proposal  of  E.  C.  Waller,  dated  March 

24th,  1885,  to  lease  for  a term  of  ninety-nine  (99)  years,  lots  thirty- 
three  (33)  to  thirty-nine  (39),  inclusive,  the  east  eight  (8)  feet  of  lots 
forty  (40)  and  forty-three  (43)  and  lots  forty-four  (44)  to  fifty  (50),  in- 
clusive, all  in  block  one  hundred  and  sixteen  (116)  in  the  School  sec- 
tion addition  to  Chicago,  and  being  bounded  by  Adams,  La  Salle  and 
Quincy  streets,  and  by  a wide  alley  on  the  east  and  having  a dimen- 
sion of  one  hundred  and  seventy-eight  and  five  tenths  (178.5)  feet  by 
one  hundred  and  seventy-seven  and  six  tenths  (177.6)  feet,  be  and 
the  same  is  hereby  accepted,  and  the  mayor  and  comptroller  are  here- 
by instructed  to  make,  execute  and  deliver,  under  the  seal  of  the  city 
of  Chicago,  a lease  in  accordance  with  the  terms  of  said  proposal  and 
the  advertisement  of  the  mayor  and  comptroller. 

Passed  May  12,  1885. 

Approved  by  the  mayor  May  16,  1885. 


WESTERN  ELECTRIC  COMPANY. 

§ 177.  Western  Electric  Company. 

IT  1.  Grant  twenty  years — specifications. 

2.  Indemnity  bond. 

•fl  3.  When  to  take  effect. 

An  ordinance  authorizing  the  Western  Electric  Company  to  construct  two  bridge- 

ways  and  a tunnel  between  certain  buildings  on  South  Clinton  street. 

(Passed  February  8,  1892.  Accepted  February  19,  1892.) 

f 1.  Grant  20  years— specifications.]  Be  it  ordained  by  the 

city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority be  and  is  hereby  granted  to  the  Western  Electric  Company, 
its  successors  and  assigns,  to  construct,  maintain  and  use,  for  the 
period  of  twenty  years,  two  bridge  ways  or  covered  passages  over  and 
across  the  alley  commonly  known  as  West  Congress  street,  and  not 
less  than  twenty-five  feet  west  from  the  west  line  of  South  Clinton 
street;  Provided,  that  said  bridge  ways  shall  be  constructed  of  in- 
combustible material  and  shall  be  not  more  than  eight  feet  in  height 


362 


PRIVATE  PRIVILEGES. 


and  five  feet  in  width;  and  Provided,  also,  that  the  lowest  portion  of 
one  of  said  bridgeways  shall  not  be  less  than  thirty  feet  above  the 
grade  of  said  street,  and  the  lowest  portion  of  the  other  of  said  bridge 
ways  shall  not  be  less  than  eighteen  feet  above  the  grade  of  said  street, 
and  that  neither  of  them  shall  in  any  manner  obstruct  the  free  pas- 
sage through  said  alley  or  street. 

Permission  and  authority  is,  also,  hereby  granted  to  the  said  West- 
ern Electric  Company,  its  successors  and  assigns,  to  construct  a tun- 
nel not  exceeding  seven  feet  in  diameter  underneath  and  across  said 
alley  or  street  and  to  use  the  same  for  a like  period  of  time;  Pro- 
vided, that  it  shall  in  no  manner  interfere  with  the  use  of  said  alley  or 
street  as  a passage  way,  and  Provided,  further,  that  the  construction 
of  said  bridge  ways  and  tunnel  shall  be  subject  to  the  approval  of  the 
commissioner  of  public  works. 

If  2.  Indemnity  — bond.]  § 2.  The  said  Western  Electric 
Company,  its  successors  or  assigns,  shall,  by  a good  and  sufficient 
bond  in  the  sum  of  five  thousand  dollars,  indemnify  and  save  harm- 
less the  city  of  Chicago  of  and  from  any  and  all  damage  of  every  kind 
for  which  said  city  may  become  liable  for  or  by  reason  of  the  construc- 
tion or  use  of  said  bridge  ways  and  tunnel  hereby  granted. 

Tf  3.  When  to  take  effect.]  § 3.  This  ordinance  shall  be  in 
force  from  and  after  its  passage  and  the  approval  of  the  bond  pro- 
vided for  in  section  1 hereof. 


WILLIAM  A.  WIEBOLDT. 

§ 178.  William  A.  Wieboldt. 

If  1.  Use  intended  for — plans.  j 

*lf  2.  Power  of  city. council. 

An  ordinance  granting  permission  to  'William  A.  Wieboldt  to  construct  and  use  ; 
an  underground  passageway  through  an  alley  for  steam  pipes  and  other 
purposes.  (Passed  March  7,  1892.) 

Tf  1.  Use  intended  for — plans.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That,  whereas,  William  A.  Wie- 

boldt is  the  owner  of  premises  numbered  941  Milwaukee  avenue  and 
is,  also,  the  owner  of  the  premises  across  the  alley  therefrom,  known 
as  No.  33  Bowman  street,  in  the  city  of  Chicago,  and  is  desirous  to 
construct  and  maintain  a passage  way  across  and  under  the  alley 
separating  his  said  premises,  for  the  passage  of  steam  pipes  and  other 
purposes,  and  to  connect  his  said  premises  941  Milwaukee  avenue  with 
his  said  premises  33  Bowman  street,  permission  and  authority  be  and 
the  same  is  hereby  granted  to  the  said  William  A.  Wieboldt  (at  his 


R.  A.  VI  ALL. 


363 


§ 1 79] 


own  expense)  to  construct,  maintain  and  use  said  passage  way;  Pro- 
vided said  Wieboldt  shall  construct  and  build  said  passage  way  and 
the  cover  thereto,  according  to  plans  submitted  and  authorized  by  the 
department  of  public  works  engineering  department  of  the  city;  and, 
Provided  further,  that  water,  gas  and  other  pipes  be  made  to  ac- 
commodate themselves  to  such  passage  way  at  the  expense  of  said 
Wieboldt,  under  proper  supervision,  and  that  said  passage  way  does 
not  interfere  with  or  injure  present  sewers  or  other  permanent  under- 
ground fixtures  in  said  alley. 

If  2.  Power  of  city  council.]  § 2.  This  permission  and  au- 
thority, and  the  passage  way  to  be  constructed  thereunder,  shall  be 
subject  to  all  ordinances  present  and  future  relating  to  underground 
fixtures  on  said  alley,  and  this  ordinance  is  subject  to  revocation  and 
said  passage  way  subject  to  be  closed  up  and  removed  at  any  time  by 
ordinance  of  the  present  or  any  future  city  council. 


R.  A.  VIALL. 

§ 179.  R.  A.  Viall. 

1.  Route — permit  not  permanent. 

2.  When  in  force. 

An  ordinance  granting  permission  to  R.  A Viall  to  maintain  a private  telephone 
wire.  (Passed  May  n,  1896.) 

If  1.  Route — permit  not  permanent— bond.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the  commis- 

sioner of  public  works  be  and  is  hereby  directed  to  issue  a permit  to 
R.  A.  Viall  for  the  continuance  of  his  private  telephone  wire  now 
strung  in  the  alleys  and  private  grounds'  as  specified  below. 

Commencing  at  the  office  of  the  said  R.  A.  Viall  at  Michigan 
avenue  near  the  Eastern  Illinois  Railroad  tracks;  thence  following 
through  the  alley  between  the  said  railroad  and  private  property,  in 
a northwesterly  direction  to  alley  between  State  and  Dearborn  streets; 
thence  in  that  alley  south  to  within  300  feet  north  of  118th  street; 
thence  west,  on  private  property,  to  alley  between  Clark  and  Dear- 
born streets;  thence  south  to  alley  between  118th  and  119th  streets; 
thence  west  through  said  alley  to  Halsted  street  and  office  at  118th 
and  Halsted  streets. 

This  permit  is  specifically  granted  upon  the  following  express 
conditions,  to  wit: 

1st.  That  this  order  shall  in  no  wise  insure  a permanent  reten- 
tion of  the  herein  described  telephone  wire  but  shall  be  removed  at 
any  time  when  ordered  so  to  do  by  the  commissioner  of  public  works 


364 


PRIVATE  PRIVILEGES. 


[§  179 

and  at  the  sole  expense  of  the  said  R.  A.  Viall,  or  his  executors  or  as- 
signs;  and 

2nd.  That  the  said  R.  A.  Viall  shall  first  execute  a sufficient 
bond,  as  the  commissioner  of  public  works  may  direct,  to  hold  the 
city  of  Chicago  from  all  harm  and  damage  which  might  accrue  from 
and  by  this  permit  granted. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


CHAPTER  VIII.— RAILROADS. 


§ 180.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

| 1 8 1.  Chicago  & Southern  Railroad  company  (Atchison,  Topeka  & Santa 
Fe  Railroad  company). 

§ 182.  Chicago  & Southern  Railroad  company  (Atchison,  Topeka  & Santa 
Fe  Railroad  Company). 

§ 183.  Chicago  & Southern  Railroad  company  (Atchison,  Topeka  & Santa 
Fe  Railroad  company). 

§ 184.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

§ 185.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

£ 186.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

|*i86.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

§ 187.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

§ 188.  Baltimore  & Ohio  & Chicago  Railroad  company. 

| 189.  Baltimore  & Ohio  & Chicago  Railroad  company. 

§ 190.  Baltimore,  Pittsburg  & Chicago  Railway  company. 

| 1 91.  Blue  Island  Railroad  company. 

§ 192.  Bridgeport  & South  Chicago  Railroad  company. 

§ 193.  Calumet  & Blue  Island  Railway  company. 

§ 194.  Calumet  River  Railway  company. 

§ 195.  Calumet  River  Railway  company. 

§ 196.  Calumet  River  Railway  company. 

§197.  Chicago  & Alton  Railroad  company. 

§ 198.  Chicago,  St.  Charles  & Mississippi  Air-line  railroad. 

| 199.  Chicago  & Mississippi  Railroad  company. 

| 200.  Joliet  & Chicago  Railroad  company. 

§ 201.  De  Puyster  street. 

§ 202.  Joliet  & Chicago  Railroad  company. 

£ 203.  Chicago,  Alton  & St.  Louis  Railroad  company. 

§ 204.  Chicago  & Alton  Railroad  company. 

§ 205.  Chicago  Belt  Railway  & Transfer  company. 

§ 206.  Chicago,  Burlington  & Quincy  Railroad  company. 

£ 207.  Chicago,  Burlington  & Quincy  Railroad  company. 

§ 208.  Chicago,  Burlington  & Quincy  Railroad  company. 

209.  Chicago,  Burlington  & Quincy  Railroad  company. 

§ 210.  Chicago,  Burlington  & Quincy  Railroad  company. 

§ 21 1.  Chicago,  Burlington  & Quincy  Railroad  company. 

& 212.  Chicago,  Burlington  & Quincy  Railroad  company. 

§ 213.  Chicago,  Burlington  & Quincy  Railroad  company. 

§ 214.  Chicago,  Burlington  & Quincy  Railroad  company. 

§ 215.  Chicago,  Burlington  & Quincy  Railroad  company. 

| 216.  Chicago,  Burlington  & Quincy  Railroad  company. 

£ 217.  Chicago,  Burlington  & Quincy  Railroad  company. 

§ 218.  Chicago,  Burlington  & Quincy  Railroad  company. 


365 


RAILROADS. 


366 


[§  180 


ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COM- 
PANY. 

(Successors  to  Chicago  & Southern  Railroad  company.) 

§ 180.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

i*  Grant — route. 

2.  Indemnity — speed — street  repairs — fare — depots. 

3.  Acceptance. 

4.  Viaduct. 

it  5-  Time  limit  for  completion. 

An  ordinance  granting  right  of  way  to  Chicago  & Southern  Railroad  company 
in  the  town  of  Lake.  (Adopted  June  20,  1874.) 

Tf  1.  Grant  — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake:  § 1.  That  permission  and  authority  be,  and  the 
same  is  hereby  given  and  granted  to  the  Chicago  and  Southern  Rail- 
road Company,  to  lay  down,  maintain  and  operate  a double  railway 
track,  with  all  necessary  side  tracks,  not  to  exceed  two  tracks,  at  the 
crossing  of  public  highways  that  may  be  crossed  by  said  railroad,  along 
any  and  all  the  public  highways  dedicated  along  the  north  and  south 
center  lines  of  sections  2,  11,  23,  24,  26  and  35  in  said  town  of  Lake. 

If  2.  Indemnity  — speed  — street  repairs  — fare  — depots.] 

§ 2.  The  permission  and  authority  hereby  granted  to  said  company 
are  upon  the  following  express  conditions,  to-wit: 

First.  That  the  rights  herein  conferred  are  subject  to  whatever 
rights  any  other  person  or  corporation  may  have  along  said  line  in  said 
town  of  Lake. 

Second.  That  said  railway  company  shall  indemnify  and  save 
harmless  said  town  of  Lake  from  all  expenses,  costs,  damages  and  suits 
arising  from  the  occupation  of  such  dedicated  streets  as  may  be  upon 
said  line  by  said  railroad  company.  Provided,  that  the  rights,  powers 
and  privileges  hereby  granted  are  not  intended  to  extend  to  any  other 
grounds,  either  of  individuals  or  corporations,  than  the  dedicated 
streets  which  may  be  crossed  or  lie  on  the  line  or  route  of  said  road  as 
above  described. 

Third.  That  the  privileges  hereby  granted  shall  be  enjoyed  sub- 
ject to  the  provisions  of  the  charter  of  said  town  of  Lake,  and  to  all 
ordinances  that  now  are  or  may  be  in  force  in  said  town  of  Lake,  in 
regard  to  all  railroads  therein. 

Fourth.  The  board  of  trustees  of  the  town  of  Lake  shall  have 
the  right  to  impose  such  rules  and  regulations  upon  the  use  of  said 
tracks,  in  reference  to  speed  and  manner  of  running ‘cars  and  locomo- 
tives, as  they  shall  deem  necessary  for  the  safety  and  convenience  of 
the  residents  of  said  town  of  Lake;  such  rules  and  regulations  to  be 
imposed  by  general  ordinance  in  regard  to  all  railways  in  said  town. 

Fifth.  The  said  railroad  company  shall  at  all  times  grade,  fill, 
plank  or  macadamize  the  portion  of  said  street  used  by  said  company, 
and  the  approach  thereto  at  the  intersections  of  said  streets  crossing 


367 


g 180]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY. 

said  railway,  or  may  be  laid  by  the  authorities  in  such  a way  as  to 
allow  of  free  and  easy  passage  of  carriages  and  wagons  across  and 
alongside  of  its  tracks  at  all  points;  said  work  to  be  done  in  such  a 
manner  and  at  such  times  as  the  board  of  trustees  of  said  town  of 
Lake  shall  direct;  also  culverts  to  be  built  at  such  crossings  as  shall 
not  impede  the  natural  flow  of  water,  when  so  ordered  by  the  said 
board  of  trustees. 

Sixth.  The  rate  of  passenger  fare  on  said  railway  out  of  Chicago 
through  the  town  of  Lake  shall  not  exceed  the  rate  of  any  other  road 
running  out  of  the  city  of  Chicago  for  the  same  distances,  and  shall 
issue  commutation  tickets  therefor,  not  to  exceed,  by  commutation, 
twelve  and  a half  cents  from  the  south  line  of  section  thirty-five  (35)  to 
their  depot  in  the  city  of  Chicago,  and  ratable  at  all  other  points,  and 
two  and  one-half  cents  per  mile  for  transient  travel  for  five  years 
from  the  date  of  this  ordinance,  and  two  cents  per  mile  thereafter. 

Seventh.  Said  railroad  company  shall  establish  not  less  than  six 
depots  in  the  town  of  Lake,  at  each  of  which  all  passenger  trains 
shall  stop. 

Eighth.  The  foregoing  conditions,  rights  and  privileges  shall 
apply  to  and  be  binding  upon  the  assignees,  grantees  and  lessees  of 
said  railroad  company,  and  all  rights  or  powers  conferred  upon  the 
town  of  Lake,  or  its  officers  or  trustees,  shall  vest  in  and  be  exercised 
by  the  municipal  corporation,  or  its  officers  or  trustees  or  authorities 
within  whose  limit  said  streets,  or  any  part  thereof,  may  at  any  time 
be  situated. 

Ninth.  That  in  the  event  that  said  railway  company  shall  break 
or  fail  to  comply  with  any  provisions  of  the  ordinance,  and  shall  fail 
to  make  good  such  break  and  comply  with  the  provisions  of  this  ordi- 
nance within  thirty  days  after  service  of  notice  of  such  breach  or  failure 
upon  any  general  officer  of  said  company  in  the  city  of  Chicago,  then 
said  railway  company  shall  forfeit  to  the  town  of  Lake  an  amount  in 
double  the  sum  of  such  damages,  which  the  said  company  agrees  to 
pay  to  the  town  of  Lake,  whenever  adjudged  guilty  of  such  breach 
by  any  court  of  competent  jurisdiction  in  the  county  of  Cook,  or  other- 
wise if  agreed  upon;  which  sum  may  be  recovered  by  said  town  in  an 
action  of  assumpsit  in  any  court  of  general  jurisdiction  in  the  county  of 
Cook;  and  if  the  said  railroad  company  shall  neglect  or  refuse  to  make 
good  this  default,  and  to  comply  with  the  provisions  of  this  ordinance 
within  ninety  days  after  final  judgment  shall  be  rendered  in  favor  of 
said  town,  by  any  court  of  competent  jurisdiction,  for  said  penalty, 
then  all  the  rights  of  said  company  under  and  by  virtue  of  this  ordi- 
nance shall  forthwith  cease  and  determine. 

T 3.  Acceptance.]  § 3.  This  ordinance  shall  not  be  in  force, 
nor  shall  any  rights  or  privileges  be  acquired  or  enjoyed  by  virtue 
hereof,  until  said  railway  company  shall  have  filed  a written  accept- 
ance of  its  terms  and  conditions  with  the  clerk  of  said  town  of  Lake. 

If  4.  Viaduct,]  § 4.  If  the  corporate  authorities  of  the  town 


368 


RAILROADS. 


of  Lake  at  any  time  deem  it  necessary  that  a viaduct  shall  be  con- 
structed over  the  railway  tracks  at  the  intersections  of  any  street  cross- 
ing said  railway,  then  said  railway  company  is  to  contribute  its  equit- 
able share  of  the  cost  of  such  viaduct,  upon  the  basis  that  the  entire 
cost  of  said  viaduct  shall  be  paid  by  the  railway  companies  owning 
tracks  at  such  crossings,  each  company  paying  an  equal  share  of  such 
costs;  or  if  each  company  do  not  pay  as  aforesaid,  then  the  town  of 
Lake  or  individuals  shall  pay  such  proportionate  share;  said  railway 
companies  shall  nevertheless  pay  its  equitable  share  as  aforesaid. 

Tf  5.  Time  limit  for  completion.]  § 5.  Unless  said  railway 
company  shall  have  entered  upon  and  completed  the  construction  of 
said  railway  track  or  tracks  through  the  town  of  Lake  within  nine 
months  from  the  passage  of  this  ordinance,  and  put  the  same  in  opera- 
tion within  fifteen  months  from  the  passage  thereof,  these  ordinances 
granted  shall  cease  and  determine. 


CHICAGO  & SOUTHERN  RAILROAD  COMPANY. 

§ 18 1.  Chicago  & Southern  Railroad  company. 

1.  Grant — route — conditions. 

2.  Penalty  clause. 

3.  When  in  force. 

An  ordinance  granting  to  the  Chicago  & Southern  Railroad  company  the  privi- 
lege of  laying  its  track  along  the  center  line  of  section  35,  T.  39  N.,  R.  13, 
from  Egan  avenue  to  the  Illinois  & Michigan  canal.  (Passed  June  29,  1874.) 

1 1.  Grant— route— conditions.]  Be  it  ordered  and  ordained 
by  the  board  of  trustees  of  the  town  of  Cicero:  § 1.  That  the  privi- 
lege of  laying  its  track  along  the  street  known  as  Central  Park  ave- 
nue, being  the  center  line  of  section  35,  T.  39  N.,  R.  13,  from  Egan 
avenue  north  to  the  Illinois  and  Michigan  canal,  in  the  town  of  Cicero, 
be  and  the  same  is  hereby  granted  to  the  Chicago  and  Southern  Rail- 
road Company,  subject  to  the  provisions  of  the  ordinances  and  resolu- 
tions of  this  board  relating  to  the  obstructions  of  streets  by  railroad 
companies  and  railroad  crossings,  and  such  other  ordinances  and  reso- 
lutions relating  thereto  as  this  board  may  hereafter  adopt,  and  subject 
to  the  further  condition  that  said  railroad  company  keep  all  its  cross- 
ings in  good  repair,  and  construct  culverts  whenever  this  board  may 
order  the  same  so  as  to  leave  the  street,  ditches  and  drains  and  sewers 
open  and  unobstructed,  and  keep  all  culverts  so  constructed  in  good 
repair  and  lead  their  railroad  ditches  into  the  Illinois  and  Michigan 
canal. 

If  2.  Penalty  clause.]  § 2.  Upon  the  violation  by  said  Chi- 
cago and  Southern  Railroad  Company  of  any  of  the  foregoing  pro- 


182] 


CHICAGO  & SOUTHERN  RAILROAD  COMPANY. 


369 


visions  or  conditions,  or  of  any  ordinances  or  resolutions  of  this  board, 
the  privilege  herein  granted  shall  terminate  and  cease  and  said  rail- 
road company  shall  forthwith  remove  its  tracks  from  said  streets. 

3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 182.  Chicago  & Southern  Railroad  company. 

Tf  1.  Grant — route — commencement. 

2.  Connection  with  Chicago  & Northwestern  Railroad  company. 

3.  Route  continued. 

4.  Route  continued. 

5.  Subject  to  ordinances. 

If  6.  Paving  and  repair  of  streets. 

%f  7.  Mo  ive  power — horse  railroad  not  authorized. 

^f  8.  Crossings  and  viaducts. 

4f  9.  Indemnity. 

^f  10.  Side  tracks. 

Tf  11.  Provision  for  tenant  companies, 
if  12.  When  in  force. 

An  ordinance  concerning  the  Chicago  & Southern  Railroad  company.  (Passed 

October  26,  1874.) 

if  1.  Grant — route — commencement.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago : § 1.  That  permission  and  author- 
ity be,  and  is  hereby,  granted  to  the  Chicago  and  Southern  Railroad 
Company  to  introduce  its  road  into  the  city  of  Chicago,  commencing 
near  where  the  center  line  of  section  thirty-five  (35),  township  thirty- 
nine  (39),  range  thirteen  (13),  east  of  the  third  (3d)  principal  meridian, 
crosses  the  Illinois  and  Michigan  canal;  thence  bearing  northeasterly 
between  the  river  and  canal,  crossing  Kedzie  avenue  to  Thirty-first 
street;  thence  east  on  Thirty-first  street  to  the  canal. 

If  2.  Connection  with  C.  & N.  W.  R.  R.  Co.]  § 2.  Said 
company  may  also  lay  down  tracks  on  the  east  side  and  adjoining  the 
Columbus,  Chicago  and  Indiana  Central  Railway,  from  the  Illinois 
and  Michigan  canal  north  to  a connection  with  the  Chicago  and 
Northwestern  Railroad  on  Ogden  avenue. 

If  3.  Route  continued.]  § 3.  Said  company  may  also  lay  a 
track  or  tracks  from  Western  avenue  to  the  south  side  of  Illinois  and 
Michigan  canal,  and  within  not  to  exceed  four  hundred  (400)  feet  of 
it,  to  the  east  end  of  it;  may  also  lay  a track  across  or  in  the  vicinity 
of  Market  place,  occupying  not  more  than  thirty  (30)  feet  of  the  west- 
erly side  thereof,  across  Thirty-first  (31st)  street  and  Ashland  avenue, 
and  across  any  intersecting  streets,  alley  or  alleys. 

If  4.  Route  continued.]  § 4.  Said  company  may  lay  a track 
from  where  the  center  line  of  section  thirty-five  (35),  township  thirty- 
nine  (39),  range  thirteen  (13),  east  of  the  third  (3d)  principal  meridian, 
crosses  the  canal  northerly  to  the  north  side  of  the  Chicago  River; 
thence  northeasterly,  crossing  the  Bridewell  grounds  in  section  twenty- 
five  (25)  at  such  point  as  the  bridewell  commissioners  may  direct; 

21 


370  * RAILROADS.  [§  1 82 

thence  easterly  on  Twenty-sixth  (26th)  street  to  intersection  of  Rail- 
road street. 

TT  5.  Subject  to  ordinances.]  § 5.  And  said  company  may 

operate  its  tracks,  the  construction  of  which  is  authorized  as  subject  to 
all  ordinances  of  the  city  governing  railroad  corporations,  now  in  force 
or  which  may  hereafter  be  passed. 

If  6.  Paving  and  repair  of  streets.]  § 6.  Permission  and 
authority  is  hereby  granted  to  said  Chicago  and  Southern  Railroad 
Company  to  construct,  maintain  and  operate  its  railroad,  with  single  or 
double  tracks  and  all  necessary  switches  and  turn-outs  along  the  line, 
as  may  be  necessary  to  transact  the  ordinary  business  of  said  railroad 
company,  said  track  or  tracks,  switches  and  turn-outs  to  be  laid,  built 
and  constructed  subject  to  the  directions  of  the  board  of  public  works 
of  the  city;  and  the  paving  and  keeping  in  repair  of  so  much  of  said 
streets,  alleys  and  crossings  as  may  be  occupied  by  said  railroad  com- 
pany with  its  tracks,  switches  and  turn-outs,  shall  be  under  the  direc- 
tion of  the  board  of  public  works,  and  shall  be  paved  and  repaired  when 
ordered  by  said  board. 

If  7.  Motive  power  -horse  railroad  not  authorized.]  § 7. 

Said  Chicago  and  Southern  Railroad  Company  is  hereby  authorized  to 
run  its  cars  over  and  along  said  tracks  with  steam  or  such  other  motive 
power  as  said  company  may  deem  best;  subject,  however,  to  all  laws 
and  ordinances  of  the  city  of  Chicago  to  railroad  companies  now  in 
force  or  which  may  hereafter  be  passed;  but  this  section  shall  not  be  so 
construed  as  to  authorize  said  company  to  construct  or  operate  what 
is  commonly  known  as  a horse  railroad,  transporting  passengers  and 
baggage  to  and  fro  within  the  city  of  Chicago. 

1 8.  Crossings  and  viaducts.]  § 8.  Permanent  crossings, 
viaducts  or  other  structures  shall  be  made  and  maintained  by  said  Chi- 
cago and  Southern  Railroad  Company  where  said  track  or  tracks  cross 
any  street  or  alley  within  the  limits  of  the  city  of  Chicago,  according 
to  the  direction  of  the  board  of  public  works,  or  as  may  be  ordered 
and  directed  by  the  common  council  of  the  city,  at  any  and  all  times 
during  the  continuance  of  the  franchise  hereby  granted. 

If  9.  Indemnity.]  § 9.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  Chicago 
and  Southern  Railroad  Company  shall  and  will  forever  indemnify  and 
save  harmless  the  city  of  Chicago  against  and  from  any  and  all  dam- 
ages, judgments,  decrees  and  costs,  and  expenses  of  the  same,  which  it 
may  suffer,  or  which  may  be  recovered  or  obtained  against  the  city  by 
reason  of  the  granting  of  such  privileges  and  authority,  or  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from,  the  passage  of  this 
ordinance,  or  any  matter  or  thing  connected  therewith,  or  with  the 
exercise  by  said  company  of  the  privileges  hereby  granted. 

T 10.  Side  tracks.]  § 10.  Said  company  shall  permit  any 
corporation,  person  or  persons,  duly  authorized  by  ordinance  of  said 


§ 183]  CHICAGO  & SOUTHERN  RAILROAD  COMPANY.  371 

city,  to  construct  side  tracks  to  intersect  any  track  or  tracks  of  said 
railroad  company,  within  the  limits  of  said  city,  for  the  purpose  of 
conveying  property  to  and  from  said  railroad,  to  any  warehouse,  lum- 
ber yard,  coal  yard  or  manufactory  situated  within  one  thousand 
(1,000)  feet  of  such  railroad,  and  upon  reasonable  compensation  being 
made  therefor,  shall  at  all  times  permit  the  owners  or  lessees  of  any 
such  side  track,  or  the  consignees  of  any  property,  to  take  the  cars 
containing  such  property  to  him  or  them  consigned,  to  any  such  ware- 
house, lumber  yard,  coal  yard  or  manufactory  situated  upon  any  such 
side  track;  and  that  such  owner,  lessee  or  person  conducting  or  carry- 
ing on  any  such  warehouse,  lumber  yard,  coal  yard  or  manufactory, 
over  any  such  side  track,  to  and  upon  the  track  of  said  railroad,  under 
the  directions  and  regulations  of  said  Chicago  and  Southern  Railroad 
Company,  without  unreasonable  delay;  Provided,  however,  that  any 
cars  so  taken  shall  be  returned  without  any  unnecessary  delay. 

t 11.  Provision  for  tenant  companies.]  § n.  Said  company 
shall  permit  any  other  two  railroad  companies  to  use  the  tracks  hereby 
authorized  to  be  laid,  upon  such  fair  and 'equitable  terms  as  may  be 
agreed  upon  and  between  said  other  companies,  jointly  and  severally, 
and  said  Chicago  and  Southern  Railroad  Company;  and  in  event  of 
a disagreement  as  to  such  terms,  the  same  shall  be  settled  and  deter- 
mined by  three  disinterested  persons,  one  to  be  named  by  such  other 
railroad  companies,  and  the  other  by  the  Chicago  and  Southern  Rail- 
road Company,  and  the  two  so  chosen  to  choose  a third  person,  and 
the  terms  and  conditions  which  shall  be  agreed  upon  and  determined 
by  such  three  persons  so  chosen,  or  a majority  of  them,  shall  be  the 
terms  and  conditions  upon  which  such  other  railroad  companies  respec- 
tively shall  be  allowed  to  use  and  occupy  the  tracks  hereby  authorized 
to  be  laid,  and  such  other  railroad  companies  shall,  in  such  case, 
have  the  same  privileges  to  run  cars  upon  and  across  all  streets,  ave- 
nues, alleys  and  highways  as  are  herein  granted  to  said  Chicago  and 
Southern  Railroad  Company,  and  shall  be  subject  to  all  the  terms, 
conditions  and  restrictions  contained  in  this  ordinance  to  the  same 
extent  as  said  Chicago  and  Southern  Railroad  Company. 

If  12.  When  in  force.]  § 12.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  due  publication. 

§ 183.  Chicago  & Southern  Railroad  company. 

■ff  1.  Use  of  Kedzie  or  Homan  avenue. 

If  2.  West  Twenty-sixth  street. 

If  3.  Subject  to  conditions  of  ordinance  of  October  26,  1874. 

^f  4.  When  in  force. 

An  ordinance  concerning  the  Chicago  & Southern  Railroad  company.  (Passed 

August  16,  1876.) 

If  1.  Use  of  Kedzie  or  Homan  avenue,]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  be  and  is  hereby  granted  to  the  Chicago  and  Southern 


372 


RAILROADS. 


[§  1^4 


Railroad  Company  to  lay  down  tracks  in  the  center  of  Kedzie  avenue 
from  its  intersection  with  Swift  street  northerly  to  the  crossing  of  said 
avenue  by  the  Chicago,  Burlington  and  Quincy  Railroad.  Or  if  the 
said  Chicago  and  Southern  Railroad  Company  shall  so  elect,  it  may, 
with  the  consent  of  parties  owning  property  fronting  on  Homan  ave- 
nue, lay  down  tracks  on  said  avenue  from  the  crossing  of  said  Chi- 
cago and  Southern  Railroad  to  the  crossing  of  the  Chicago,  Burlington 
and  Quincy  Railroad.  But  nothing  in  this  ordinance  shall  be  so  con- 
strued as  to  permit  said  Chicago  and  Southern  Railroad  Company  to 
lay  tracks  on  both  Kedzie  avenue  and  Homan  avenue. 

1 2.  West  Twenty-sixth  street.]  § 2.  Said  Chicago  and 
Southern  Railroad  Company  may  also  lay  down  tracks  on  West 
Twenty-sixth  street,  from  its  intersection  with  Homan  avenue,  in  an 
easterly  direction,  to  the  track  of  said  company  as  at  present  located 
in  said  street. 

1 3.  Subject  to  conditions  of  ordinance  of  October  26,  1874.] 

§ 3.  That  all  the  rights  and  privileges  hereby  given  are  subject  to  the 
same  terms  and  conditions  as  are  contained  in  an  ordinance  concern- 
ing the  Chicago  and  Southern  Railroad  Company,  passed  by  the  com- 
mon council  of  the  city  of  Chicago,  October  26,  A.  D.  1874. 

Tf  4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  due  publication. 


ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY. 

§ 184.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

Tf  1.  Grant — route. 

2.  Route  continued. 

3.  Route  continued. 

4.  Track  connections. 

it  5.  Crossings — repair  of  sidewalks,  etc. — damages. 

•f[  6.  Underground  telegraph — use  limited. 

it  7.  Twelfth  street  viaduct — damages — depression  of  tracks. 

If  8.  Indemnity — judgment, 
it  9.  Side  tracks. 

10.  Motive  power — horse  car  line  prohibited. 

If  11.  Fences,  gates,  etc. 

If  12.  Time  for  construction. 

If  13.  Bond — acceptance. 

An  ordinance  granting  permission  and  authority  to  the  Atchison,  Topeka  & Santa 
Fe  Railroad  company  to  construct  and  maintain  a railroad.  (Passed  August 
1,1887.  Accepted  August  9,  1887.  Accepted  August  26,  1887.) 

If  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  permission  and  authority  are  hereby 

given  and  granted  to  the  Atchison,  Topeka  & Santa  Fe  Railroad  Com- 


184]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY. 


373 


pany  in  Chicago,  its  lessees  and  successors,  to  construct,  maintain  and 
operate  a railroad  with  one  or  more  railroad  tracks,  with  the  neces- 
sary and  convenient  side  tracks,  turnouts,  switches  and  appurtenances, 
over,  upon  and  along  such  lands  as  it  now  holds  or  has  acquired  the 
right  to  lay  railroad  tracks  upon,  or  which  it  may  hereafter  acquire  by 
purchase,  lease,  condemnation  or  otherwise,  and  over,  along  and  upon 
the  following  route : 

Beginning  upon  the  line  of  the  western  limits  of  the  city  of 
Chicago  upon  what  is  known  as  Crawford  avenue,  at  a point  about 
three  hundred  and  fifty  (350)  feet  northwesterly  from,  and  measured 
at  right  angles  to,  the  north  line  of  the  Illinois  and  Michigan  canal 
as  constructed;  thence  northeasterly  generally  parallel  with  and  about 
three  hundred  and  fifty  (350)  feet  northwesterly  from  the  said  north 
line  of  the  said  canal  across  section  thirty-five  (35),  and  a part  of  thirty- 
six  (36),  in  township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of 
the  third  P.  M.;  thence  upon  the  same  line  continued,  across  blocks 
five  (5),  six  (6),  seven  (7)  and  eight  (8)  and  one  (1)  of  Manchester, 
being  a subdivision  of  that  part  north  of  the  Illinois  and  Michigan 
canal  of  the  east  half  of  the  northeast  quarter  (*4)  of  section  thirty-six 
(36),  township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the 
third  P.  M.,  lying  north  of  the  Illinois  and  Michigan  canal  and  re- 
subdivisions thereof  as  the  same  are  surveyed  and  platted;  thence 
northeasterly  across  the  west  half  of  the  northwest  quarter  of  section 
thirty-one  (31),  township  thirty-nine  (39)  north,  range  fourteen  (14), 
east  of  the  third  P.  M.,  to  a point  on  the  east  line  thereof,  said  point 
being  within  two  hundred  (200)  feet  northwesterly  of  and  measured 
at  right  angles  to  the  said  north  line  of  the  Illinois  and  Michigan 
canal  ; thence  northeasterly  and  generally  parallel  with  the  said  north- 
erly line  of  the  said  canal  across  the  east  half  of  the  northwest  quar- 
ter of  section  thirty-one  (31)  of  the  east  half  of  the  northwest  quarter 
of  section  thirty  (30),  and  the  southeast  quarter  of  section  thirty  (30), 
in  said  township  thirty-nine  (39),  to  the  east  line  thereof,  and  across 
Ashland  avenue,  and  thence  northeasterly  upon  the  most  practicable 
route  to  the  southerly  bank  of  the  west  fork  of  the  south  branch  of 
the  Chicago  river. 

And  permission  and  authority  are  further  given  to  said  company 
to  construct  one  or  more  tracks  and  maintain  and  operate  the  same 
on  the  following  branch  line : 

Beginning  at  a point  upon  the  above  described  line  in  the  east  half 
(V2)  of  the  southwest  quarter  of  section  thirty-five  (35),  township  thirty- 
nine  (39)  north,  range  thirteen  (13),  east  of  the  third  P.  M.,  and  thence 
upon  a regular  and  practicable  curve  southwestward  to  and  across  the 
Illinois  and  Michigan  canal. 

% 2.  Route  continued.]  § 2.  That  permission  and  authority 
are  hereby  given  and  granted  to  the  Atchison,  Topeka  & Santa  Fe 
Railroad  Company  in  Chicago,  its  lessees  and  successors,  to  construct, 
maintain  and  operate  a railroad  with  one  or  more  railroad  tracks  with 


374 


RAILROADS. 


[§ 


the  necessary  and  convenient  side  tracks,  turnouts,  switches  and  appur- 
tenances, over,  upon  and  along  such  land  as  it  now  h6lds  or  has  ac- 
quired the  right  to  lay  railroad  tracks  upon,  or  which  it  may  hereafter 
acquire  by  purchase,  lease,  condemnation  or  otherwise,  and  over,  along 
and  upon  the  following  route:  Beginning  at  a point  upon  the  railroad 
tracks  now  laid  and  operated  along  Twenty-sixth  street,  in  the  city 
of  Chicago,  said  point  being  at  or  near  what  is  known  as  Crown  place, 
thence  northeasterly  across  blocks  fourteen  (14)  and  ten  (10),  and 
northerly  across  the  eastern  portion  of  blocks  seven  (7)  and  two  (2) 
of  S.  J.  Walker’s  subdivision  of  the  northeast  quarter  of  section  twenty- 
five  (25),  township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of 
the  third  P.  M.,  and  re-subdivisions  thereof  as  the  same  are  surveyed 
and  platted ; thence  northerly  across  the  eastern  portion  of  blocks  four- 
teen (14),  eleven  (11)  and  five  (5),  and  northwesterly  across  block  two 

(2)  of  Walker’s  Douglass  park  addition,  being  a subdivision  of  the  east 
half  of  the  southeast  quarter,  and  the  east  half  of  the  west  half  of  the 
southeast  quarter  (except  railroad  lands)  of  section  twenty-four  (24), 
township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third 
P.  M.  and  re-subdivisions  thereof  as  the  same  are  surveyed  and  platted; 
thence  northerly  across  the  eastern  portion  of  blocks  four  (4)  and  three 

(3)  of  T.  W.  Jordan’s  re-subdivision  of  lots  thirteen  (13),  fourteen  (14), 
fifteen  (15),  seventeen  (17)  and  eighteen  (18),  of  Ogden’s  subdivision 
of  the  east  half  of  the  northeast  quarter  of  section  twenty-four  (24), 
township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third 
P.  M.;  thence  northerly  across  the  eastern  portion  of 'the  west  half  of 
block  seven  (7)  and  across  block  five  (5)  of  a subdivision  of  lots  two 
(2),  three  (3),  five  (5),  six  (6),  seven  (7),  eight  (8),  thirteen  (13),  four- 
teen (14),  fifteen  (1 5),  sixteen  (16),  seventeen  (17)  and  eighteen  (18), 
of  Ogden’s  subdivision  of  part  of  section  twenty-four  (24)  as  last  above 
described;  thence  northwesterly  across  lot  or  block  four  (4)  of  Ogden’s 
subdivision  of  part  of  section  twenty-four  (24);  also,  as  above  described; 
thence  northwesterly  across  the  northeasterly  portion  of  block  four  (4) 
of  a re-subdivision  of  lots  two  (2),  three  (3),  five  (5),  six  (6),  seven  (7), 
eight  (8),  thirteen  (13),  fourteen  (14),  fifteen  (15),  sixteen  (16),  seven- 
teen (17)  and  eighteen  (18)  of  Ogden’s  subdivision  of  part  of  section 
twenty-four  (24)  as  above  described,  and  re-subdivision  of  the  above 
as  the  same  are  surveyed  and  platted;  thence  northwesterly  across  the 
northeasterly  portion  of  block  one  (1)  in  Cook  & Anderson’s  subdi- 
vision of  the  west  half  of  the  northeast  quarter  of  section  twenty-four 
(24),  township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the 
third  P.  M.,  and  re-subdivisions  if  any  thereof,  as  the  same  is  surveyed 
and  platted;  thence  northward  to  a practicable  connection  with  the 
tracks  laid  along  what  is  known  as  Rockwell  street,  north  of  Twelfth 
street. 

3.  Route  continued.]  § 3.  That  permission  and  authority 
are  hereby  given  and  granted  to  the  Atchison,  Topeka  & Santa  Fe 
Railroad  Company  in  Chicago,  its  lessees  and  successors,  to  construct, 


§ 184]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY.  375 

maintain  and  operate  a railroad  with  one  or  more  railroad  tracks,  with 
the  necessary  and  convenient  side  tracks,  turnouts,  switches  and  appur- 
tenances, over,  upon  and  along  such  land  as  it  now  holds,  or  has  ac- 
quired the  right  to  lay  railroad  tracks  upon,  or  which  it  may  here- 
after acquire  by  purchase,  lease,  condemnation  or  otherwise,  and  over, 
along  and  upon  the  following  route: 

Beginning  at  some  point  upon  the  tracks  of  the  Chicago  and  West- 
ern Indiana  R.  R.  Co.  where  the  same  are  located  and  operated  across 
the  South  Scandinavia  addition  to  Chicago,  being  a subdivision  of 
blocks  thirty-one  (31)  and  thirty-two  (32)  of  the  Canal  Trustee’s  sub- 
division of  the  west  one-half  (J4),  and  so  much  of  the  southeast  quar- 
ter (}4)  as  lies  west  of  the  south  branch  of  the  Chicago  river,  of  section 
twenty-one  (21),  township  thirty-nine  (39)  north,  range  fourteen  (14), 
east  of  the  third  P.  M.;  thence  across  blocks  forty-one  (41),  twenty- 
four  (24),  twenty-five  (25),  twenty-one  (21),  nine  (9)  and  six  (6)',  [and 
all  subdivisions  thereof]  of  the  Canal  Trustee’s  new  subdivision  of 
blocks  in  the  east  fraction  of  southeast  fractional  one-quarter  (34)  of 
said  section  twenty-one  (21);  thence  across  lots  or  blocks  thirty-five 
(35),  thirty-four  (34),  thirty-three  (33),  thirty-two  (32)  and  thirty-one 
(31)  of  Assessor’s  second  division  of  the  east  fraction  of  northeast  one- 
quarter  (34)  of  said  section  twenty-one  (21)  and  across  Wilder’s  south 
addition  to  Chicago,  and  lots  or  blocks  twenty-five  (25),  and  twenty- 
four  (24)  of  Assessor’s  second  division  of  said  east  fraction  of  northeast 
one-quarter  (}4)  of  section  twenty-one  (21)  and  lots  eight  (8)  to  one 
(1),  inclusive,  of  Walker,  Greer  and  others’  subdivision  of  Uhlich  tract 
and  lot  or  block  twenty  (20)  of  Assessor’s  second  division  of  said  frac- 
tional northeast  one-quarter  (34)  of  section  twenty-one  (21)  and  lots 
fifty-six  to  fifty-two  (52),  inclusive,  and  lots  four  (4)  to  one  (1),  in- 
clusive, of  Laflin’s  subdivision  of  a part  of  said  east  fraction  of  northeast 
one-quarter  (34)  of  section  twenty-one  (21)  and  lots  twenty-one  (21) 
to  fifteen  (15),  inclusive,  of  J.  Gurley’s  subdivision  in  said  east  fraction 
of  northeast  one-quarter  ( 34 ) of  section  twenty-one  (21)  and  sub-lots 
five  (5)  and  four  (4),  of  lot  or  block  nine  (9)  of  Assessor’s  second  divi- 
sion of  said  east  fraction  of  northeast  one-quarter  (34)  of  section 
twenty-one  (21),  and  lots  one  (1)  to  twenty-four  (24),  inclusive,  three 
(3)  to  one  (1),  inclusive,  and  twenty-seven  to  one  (1),  inclusive,  of 
M.  Laflin’s  subdivision  of  blocks  six  (6)  and  eight  (8)  and  B.  Wilder’s 
subdivision  of  block  seven  (7)  of  Assessor’s  second  division  of  said 
east  fractional  northeast  one-quarter  (34)  of  section  twenty-one  (21); 
thence  across  blocks  one  hundred  and  thirty-one  (131)  and  one  hun- 
dred and  thirty-two  (132)  and  that  portion  between  Third  avenue  and 
the  alley  east  thereof  of  blocks  one  hundred  and  thirty-three  (133)  and 
one  hundred  and  thirty-four  (134)  [and  all  subdivisions  thereof]  in 
school  section  addition  to  Chicago,  being  a subdivision  of  section 
sixteen  (16),  township  thirty-nine  (39)  north,  range  fourteen  (14),  east 
of  the  third  principal  meridian. 

Permission  and  authority  are  hereby  given  and  granted  to  said 


376 


RAILROADS. 


[§’i84 

railroad  company  to  lay  down  and  operate  railroad  tracks  in  such  part 
of  the  east  half  of  Grove  street,  between  the  north  line  of  Twenty-first 
street  and  south  line  of  Sixteenth  street  as  are  not  occupied  by  the 
railroad  tracks  of  other  railroad  companies,  and  also  to  lay  down  and 
operate  railroad  tracks  in  Blackwell  street,  from  Eighteenth  street  to 
Twentieth  street.  This  permission  is  given  upon  the  express  condition 
that  said  Atchison,  Topeka  & Santa  Fe  Railroad  Company  in  Chi- 
cago, its  lessees  and  successors,  shall  not  build  any  freight  houses  upon 
the  line  of  its  road  or  that  of  its  lessees,  within  twenty-five  (25)  feet  of 
the  west  line  of  State  street,  in  the  city  of  Chicago. 

If  4.  Track  connections.]  § 4.  Where  any  of  the  routes  de- 
scribed in  any  of  the  foregoing  sections,  1,  2 and  3,  cross  the  track  or 
tracks  of  other  railroad  companies,  connections  may  be  made  with 
such  tracks  upon  regular  and  practicable  curves  and  grades,  and 
said  railroad  company  may  establish  a gradient  approaching  the  same, 
not  exceeding  one  (1)  foot  in  vertical  height  in  two  hundred  (200)  feet 
in  the  horizontal  distance. 

1 5.  Crossings— repair  of  sidewalks,  etc. — damage.]  § 5.  The 

said  railroad  company  may  cross  at  grade  any  and  all  intervening 
streets  and  alleys  along  the  line  of  said  routes 'as  designated  in  the 
first,  second  and  third  sections  of  this  ordinance,  together  with  the 
side  tracks,  turnouts  and  switches  as  above  provided,  said  company  to 
be  subject  at  all  times  to  the  supervision  of  the  department  of  pub- 
lic works  or  other  proper  department  or  officer  of  said  city  in  the 
construction  of  its  said  tracks  and  road  and  the  keeping  in  repair  of 
so  much  of  said  streets,  alleys  and  crossings  as  may  be  occupied  by 
the  said  railroad  company  by  its  tracks,  switches  and  turnouts,  provided 
the  spaces  between  such  tracks  shall  be  brought  to  a level  with  said 
streets  and 'alleys,  by  planking  the  same  or  paving  same.  When  the 
tracks  of  the  said  railroad  company  shall  cross  or  intersect  any  sidewalk 
it  shall  keep  the  sidewalk  in  the  spaces  between  its  tracks  in  good 
repair  and  in  safe  condition;  and  when  new  sidewalks  are  ordered  at 
such  crossings  or  intersections  by  the  city  council,  the  said  company 
shall  construct  the  same  as  ordered;  and  if  the  said  company  shall 
neglect  to  repair  such  sidewalk  or  to  construct  new  sidewalk  when 
ordered  as  aforesaid,  the  city  may  cause  such  work  to  be  done  and  the 
said  company  .shall  be  liable  to  said  city  for  the  cost  of  the  same,  and 
shall  also  be  liable  for  all  damages  which  may  be  occasioned  to  any 
person  or  persons  by  reason  of  its  neglect  or  failure  to  keep  any  side- 
walk in  repair  as  aforesaid  required.  That  if,  in  the  construction  and 
building  of  said  railroad,  viaducts,  approaches  or  telegraph  system, 
any  damage  or  injury  shall  result  to  any  of  the  sewers,  water  pipes, 
private  drains  or  conduits  in  said  city,  then  the  said  company  shall  pay 
and  be  liable  to  said  city  for  any  such  damage  or  injury. 

If  6.  Underground  telegraph— use  limited.]  § 6.  That  per- 
mission and  authority  are  hereby  further  given  and  granted  to  the 
Atchison,  Topeka  & Santa  Fe  Railroad  Company  in  Chicago,  its  les- 


§ 184]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY.  377 

sees  and  successors,  to  construct,  maintain  and  operate  for  its  use  and 
benefit,  lines  of  underground  telegraph  along  the  several  lines  of  rail- 
way described  in  sections  i,  2 and  3 of  this  ordinance;  also  from  the 
point  of  beginning  described  in  the  second  section  of  this  ordinance 
at  or  near  what  is  known  as  Crown  place,  thence  southwesterly  along 
the  tracks  of  the  Chicago  and  Grand  Trunk  Railway  Company  to  the 
city  limits;  also  from  a point  near  Crown  place  along  the  tracks  of  the 
Chicago  and  Grand  Trunk  Railroad  Company  eastward  to  Western 
avenue;  also  beginning  at  a point  upon  the  tracks  of  the  Chicago  & 
Western  Indiana  Railway  Company,  being  the  point  first 'described  in 
section  3 of  this  ordinance,  thence  south  along  the  tracks  of  the  Chi- 
cago & Western  Indiana  Railway  Company  to  the  city  limits.  The 
permission  and  authority  given  in  this  section  are  subject  to  the  con- 
ditions and  provisions  of  all  ordinances  of  the  city  of  Chicago  regulat- 
ing the  manner  of  construction  of  telegraph  lines  in  said  city,  and  are 
given  subject  to  the  condition  that  the  said  company  shall  pay  all  dam- 
ages occasioned  to  such  streets  and  alleys  by  the  construction  herein 
authorized.  Provided,  that  the  telegraph  privileges  herein  granted 
shall  be  used  solely  for  the  transaction  of  the  necessary  and  customary 
business  of  the  Atchison,  Topeka  & Santa  Fe  Railroad  Company  in 
Chicago,  its  lessees  and  successors;  and  the  said  railroad  company  shall 
not  lease,  transfer  or  assign  the  telegraph  privileges  herein  granted  to 
any  person  or  corporation,  for  any  additional  use,  other  than  the  neces- 
sary and  customary  business  of  the  Atchison,  Topeka  & Santa  Fe 
Railroad  Company  in  Chicago,  its  lessees  and  successors.  Provided, 
further,  that  the  city  of  Chicago  shall  have  the  right  to  use  said  con- 
duits in  laying  wires  necessary  for  the  police  and  fire  departments, 
without  any  expense  to  the  city  for  said  privilege,  other  than  the  cost 
of  laying  the  said  wires. 

If  7.  Twelfth  street  viaduct — damages — depression  of  tracks 

— change  of  grade.]  § 7.  The  permission,  authority  and  privileges 
hereby  granted  are  upon  the  express  condition  that  the  Atchison,  To- 
peka & Santa  Fe  Railroad  Company  in  Chicago,  its  lessees  and  suc- 
cessors, shall,  subject  to  the  provision  hereinafter  expressed  in  this 
section,  pay  to  the  city  of  Chicago  the  cost  and  expense  of  the  con- 
struction and  maintenance  of  a viaduct  and  approaches  on  Twelfth 
street  from  the  terminus  of  the  viaduct  on  Clark  street,  in  accordance 
with  plans,  to  be  approved  by  the  mayor  and  commissioner  of  public 
works,  and  of  such  viaducts  and  approaches  over  any  of  its  said  tracks, 
at  any  street  or  streets  of  said  city,  which  may  be  crossed 
by  its  said  tracks,  as  the  city  council  may  require;  and  it 
shall  be  so  declared  and  understood  that  the  city  council  requires 
a viaduct  to  be  built  from  the  present  terminus  on  Twelfth  street  upon 
the  acceptance  of  this  ordinance,  said  construction  and  maintenance 
be  under  the  supervision  of  the  commissioner  of  public  works;  and 
the  said  company  shall  pay  all  damages  to  lots,  lands  and  buildings, 
and  any  title  to  or  interest  therein  or  to  the  occupancy  or  possession 


378 


RAILROADS. 


[§  Ig4 


thereof,  which  may  be  recovered  or  obtained  against  said  city  of  Chi- 
cago, in  consequence  of  the  construction  of  said  viaducts  and  ap- 
proaches; and  shall  also  pay  all  damages  that  may  accrue  to  property 
owners  fronting  on  streets  whereon  such  viaducts  or  approaches  may 
be  erected,  by  reason  of  the  construction  and  erection  of  said  viaducts 
and  approaches.  Provided,  that  at  points  where  viaducts  are  so  or- 
dered and  constructed,  then  the  Atchison,  Topeka  & Santa  Fe  Rail- 
road Company  in  Chicago,  its  lessees  and  successors,  is  permitted, 
and  authority  is  in  consideration  thereof  hereby  given,  to  sink  its  tracks, 
wherever  practicable  in  the  opinion  of  the  commissioner  of  public 
works,  below  the  established  city  grades,  and  may  establish  its  grades 
approaching  the  same  upon  a gradient  not  exceeding  one  (i)  foot  in 
vertical  height  to  two  hundred  (200)  feet  in  horizontal  distance,  and 
may  cross  all  intervening  streets  and  alleys  upon  such  altered  grade 
lines;  Provided,  that  the  change  of  grade  at  such  viaduct  shall  not 
in  any  manner  affect  the  grade  at  any  other  public  street  or  alley. 

1 8.  Indemnity— judgments.]  § 8.  The  permission  and  au- 
thority hereby  granted  are  upon  the  further  express  condition  that 
said  company  shall  and  will  forever  indemnify  and  save  harmless  said 
city  of  Chicago  against  and  from  any  and  all  damages,  judgments, 
decrees,  land  and  other  damages  as  hereinbefore  mentioned,  costs  and 
expenses  of  the  same  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city  for  or  by  reason  of  the  granting  of  such 
privileges  and  authority  or  for,  or  by  reason  of,  or  growing  out  of, 
or  resulting  from  the  passage  of  this  ordinance,  or  from  any  act  or 
acts  of  the  said  company  under  or  by  virtue  of  the  privileges  of  this 
ordinance. 

And  it  is  hereby  further  provided  that  upon  the  recovery  of  any 
final  judgment  or  judgments  against  the  said  city,  as  aforesaid,  the 
said  company  shall  immediately  and  without  prior  payment  of  such 
judgment  or  judgments  by  said  city,  be  liable  to  pay  and  shall  pay 
the  amount  or  amounts  thereof  to  the  said  city;  and  the  fact  that  the 
said  city  may  not  have  paid  such  judgment  or  judgments  shall  con- 
stitute no  defense  on  the  part  of  said  company. 

9.  Side  tracks.]  § 9.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition,  to  wit:  That  the 

said  Atchison,  Topeka  & Santa  Fe  Railroad  Company  in  Chicago,  its 
lessees  and  successors,  shall  permit  any  corporation,  individual  or 
person,  duly  authorized  by  ordinance  of  said  city,  to  construct  side 
tracks  to  intersect  any  track  or  tracks  of  said  railroad  company  within 
the  limits  of  said  city,  for  the  purpose  of  conveying  property  to  and 
from  said  railroad  to  any  warehouse,  lumber  yard,  coal  yard  or  manu- 
factory situated  within  one  thousand  (1,000)  feet  of  said  railroad,  and 
upon  reasonable  compensation  being  made  therefor,  shall  at  all  times 
permit  the  owners  or  lessees  of  any  such  side  tracks  or  the  consignees 
of  any  property  to  take  all  cars  containing  such  property  to  him  or 
them  consigned,  to  any  such  warehouse,  lumber  yard,  or  coal  yard, 


§ 184]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY.  379 

or  manufactory,  situated  upon  any  such  side  track;  provided,  however, 
that  any  cars  so  taken  shall  be  returned  without  any  unnecessary 
delay,  and  that  any  such  owner,  lessee  or  persons  constructing  and 
carrying  on  any  such  warehouse,  lumber  yard,  coal  yard  or  manu- 
factory, shall  be  entitled  to  have  any  property  taken  from  any  such 
warehouse,  lumber  yard,  coal  yard  or  manufactory  from  any  such 
side  track,  to  and  from  the  tracks  of  said  railroad,  under  the  directions 
and  regulations  of  said  railroad  company,  without  any  unreasonable 
delay. 

% 10.  Motive  power— horse  car  line  prohibited.]  § io.  Said 

Atchison,  Topeka  & Santa  Fe  Railroad  Company  in  Chicago,  its  les- 
sess  and  successors,  is  hereby  authorized  to  run  its  cars  over  and  along 
said  tracks,  with  steam  or  such  other  motive  power  as  said  company 
may  deem  best;  subject  to  all  laws  and  ordinances  of  the  city  of  Chi- 
cago relating  to  railroad  companies  now  in  force  or  which  may  here- 
after be  passed;  but  this  section  shall  not  be  so  construed  as  to  author- 
ize said  company  to  construct  or  operate  what  is  commonly  known  as 
a horse  railroad,  transporting  passengers  and  baggage  to  and  fro  within 
the  city  of  Chicago. 

If  11.  Fences — gates — etc.]  § n.  The  permission,  authority 

and  privileges  hereby  granted  are  given  upon  the  express  condition 
that  the  said  railroad  company  will,  when  as  it  may  be  required  by  the 
city  council,  erect  and  forever  maintain  at  its  own  expense  substantial 
fences  of  wood  or  iron  or  brick,  and  of  a design,  size  and  material  to 
be  determined  by  the  department  of  public  works,  along  the  routes 
hereby  authorized  to  be  laid  by  this  ordinance,  together  with  such 
suitable  and  necessary  gates  and  bells  for  the  protection  of  the  public 
at  the  several  street  crossings  along  the  routes  authorized  in  this  ordi- 
nance, with  necessary  attendants  in  charge  thereof,  during  the  hours 
of  each  and  every  day,  as  may  be  required  by  the  department  of  public 
works  or  the  city  council  of  the  city  of  Chicago. 

If  12.  Time  for  construction.]  § 12.  The  privilege  and  au- 
thority hereby  granted  are  so  granted  upon  the  further  express  con- 
dition that  the  tracks  authorized  by  sections  1,  2 and  3 of  this  ordi- 
nance shall  be  laid  down  and  constructed  within  two  years  from  the 
passage  of  this  ordinance,  and  if  not  so  constructed  and  in  operation 
all  the  rights  and  privileges  granted  by  this  ordinance  shall  cease  and 
be  null  and  void;  provided,  that  if  said  company  shall  be  delayed  in  the 
construction  of  said  tracks  by  legal  proceedings  against  said  company 
or  by  the  act  of  said  city  of  Chicago,  its  officers,  agents  and  servants, 
then  the  two  years  herein  mentioned  shall  be  exclusive  of  any  and  all 
such  delays. 

If  13.  Bond — acceptance.]  § 13.  That  the  said  railroad  com- 

pany, before  exercising  any  of  the  rights  hereby  granted,  shall  execute 
to  the  city  of  Chicago  a good  and  sufficient  bond,  in  the  penal  sum 
of  one  hundred  thousand  ($100,000)  dollars,  with  surety  or  sureties  to 
be  approved  by  the  commissioner  of  public  works,  conditioned  that 


380 


RAILROADS. 


[§ 


it  will  observe,  perform  and  carry  out  all  the  provisions  of  this  ordi- 
nance, and  will  forever  indemnify  and  save  harmless  the  city  of  Chi- 
cago against  and  from  any  and  all  damages,  judgments,  decrees,  costs 
and  expenses  which  it  may  suffer,  or  which  may  be  recovered  or 
obtained  against  said  city,  for  or  by  reason,  or  growing  out  of,  or 
resulting  from  the  passage  of  this  ordinance,  or  any  matter  or  thing 
connected  therewith,  or  with  the  exercise  by  said  company  of  the 
privileges  or  any  of  them  hereby  granted,  or  from  any  act  or  acts 
of  the  said  company  under  or  by  virtue  of  the  provisions  hereof.  Pro- 
vided, that  this  ordinance  shall  not  take  effect  and  be  in  force  until 
the  same  shall  have  been  duly  accepted  by  said  Atchison,  Topeka  & 
Santa  Fe  Railroad  Company  in  Chicago';  and  unless  said  acceptance 
and  said  bond  as  hereinbefore  provided,  shall  be  duly  executed  and 
filed  with  the  city  clerk,  within  thirty  (30)  days  from  the  passage 
hereof,  this  ordinance  shall  be  null  and  void. 

§ 185.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

1.  Route — four  tracks  across  Archer  avenue  and  Forty-seventh 
street. 

If  2.  Telegraph  line. 

3.  Motive  power — rights  of  private  property  owners. 

Tf  4.  Crossing  streets,  etc. — track  connections — opening  streets — 
viaducts. 

^ [ 5.  Dedication  of  streets — roundhouses  and  repair  shops. 

6.  Construction  of  drains,  etc. — waiver  of  damage. 

7.  Bond — renewal  of. 

it  8.  Acceptance. 

If  9.  Time  limit  of  construction. 

An  ordinance  granting  certain  rights  to  the  Atchison,  Topeka  & Santa  Fe  Rail- 
road company  in  the  town  of  Lake.  (Passed  September  11,  1888.  Accepted 
September  18,  1888.) 

if  1.  Route  — four  tracks  across  Archer  avenue  and  Forty- 
seventh  street.]  Be  it  ordained  by  the  president  and  board  of  trustees 
of  the  town  of  Lake,  as  follows:  § 1.  That  permission  and  author- 

ity are  hereby  given  and  granted  to  the  Atchison,  Topeka  and  Santa 
Fe  Railroad  Company  in  Chicago,  its  successors  and  assigns,  to  con- 
struct, maintain  and  operate  a railroad  with  one  or  more  main  tracks 
and  with  necessary  and  convenient  side  tracks,  turnouts,  switches  and 
appurtenances  on  such  land  in  the  town  of  Lake  as  it  now  has  the 
right,  or  may  hereafter  acquire  the  right,  to  lay  tracks  upon,  across, 
along  and  upon  the  following  routes: 

1st.  Beginning  on  the  north  line  of  Archer  avenue  in  the  west 
half  (L>)  of  section  two  (2),  township  thirty-eight  (38)  north,  range  thir- 
teen (13),  east  of  the  third  (3rd)  principal  meridian,  in  Cook  county, 
Illinois,  within  one  hundred  and  fifty  (150)  feet  of  the  east  line  of  said 
west  half  (J/2)  of  section  two  (2);  thence  southwardly  and  generally 
parallel  with  and  within  one  hundred  and  fifty  (150)  feet  west  of  said 
east  line  extended,  across  the  west  half  of  section  eleven  (11),  the  west 
half  of  section  fourteen  (14),  the  west  half  Q/2)  of  section  twenty-three 
(23)  and  the  northwest  quarter  Q4)  of  section  twenty-six  (26),  all  in 


§ 185]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY.  381 

the  same  township  and  range,  and  all  subdivisions  thereof  as  the  same 
are  surveyed  and  platted  along  the  foregoing  route.  It  being  under- 
stood, however,  that  not  more  than  four  tracks,  not  including  the  tracks 
formerly  known  as  the  Grand  Trunk  Railway,  and  now  owned  by  the 
said  Atchison,  Topeka  and  Santa  Fe  Railway  in  Chicago,  are  to  be 
laid  across  what  is  known  as  Archer  avenue  or  across  47th  street  or 
47th  street  extended. 

2nd.  Also  beginning  at  a point  on  the  west  line  of  section  ten 
(10),  township  thirty-eight  (38)  north,  range  thirteen  (13),  east  of  the 
third  (3rd)  principal  meridian,  the  same  being  at  a point  six  hundred 
and  sixty-five  (665)  feet  south  of  the  center  line  of  what  is  known  as 
Archer  road;  thence  northeasterly  in  a direct  line,  as  near  as  possible, 
keeping  south  of  the  south  line  of  what  is  known  as  Archer  road,  to 
the  junction  of  the  south  line  of  49th  street  or  49th  street  extended, 
and  the  west  line  of  the  right  of  way  of  the  said  Atchison,  Topeka  and 
Santa  Fe  Railroad  in  Chicago,  described  in  part  1st  of  this  section, 
over  such  lands  as  said  railway  company  now  owns  or  may  hereafter 
acquire  by  lease,  purchase,  condemnation  or  otherwise,  in  the  south- 
west .quarter  04)  and  the  east  half  04)  of  said  section  ten  (10)  and  the 
northwest  quarter  of  section  eleven  (11)  of  same  township  and  range, 
including  all  subdivisions  thereof;  thence  eastwardly  and  south  of  what 
is  known  as  49th  street  or  49th  street  extended,  and  between  the  south 
line  of  said  street  and  the  tracks  of  the  Grand  Trunk -Junction  Rail- 
way Company,  across  the  northeast  quarter  (J4)  of  section  eleven  (11) 
and  the  north  half  04)  of  section  twelve  (12)  of  same  township  and 
range;  thence  eastwardly  and  south  of  what  is  known  as  49th  street 
or  49th  street  extended,  and  between  the  south  line  of  said  street  and 
the  tracks  of  said  Grand  Trunk  Junction  Railway  Company,  across 
the  north  half  04)  of  sections  seven  (7)  and  eight  (8)  and  the  northwest 
quarter  04)  of  section  nine  (9),  of  township  thirty-eight  (38)  north, 
range  fourteen  (14),  east  of  the  third  principal  meridian,  and  all  the 
subdivision's  thereof,  as  the  same  are  surveyed  and  platted  to  a practi- 
cable connection  with  the  tracks  of  the  Chicago  & Western  Indiana 
Railroad  Company  at  some  point  south  of  48th  street  or  48th  street 
extended,  and  north  of  49th  street  or  49th  street  extended. 

^ 2.  Telegraph  line.]  § 2.  Permission  and  authority  are 
hereby  further  granted  to  the  said  Atchison,  Topeka  and  Santa  Fe 
Railroad  Company  in  Chicago  to  erect  and  operate  for  its  sole  use  and 
benefit  on  its  right  of  way  herein  granted,  a line  of  telegraph,  subject, 
however,  to  the  conditions  and  provisions  of  all  ordinances  of  the  town 
of  Lake  that  now  are  or  hereafter  may  be  in  force,  regulating  the  man- 
ner of  constructing  of  telegraph  lines  in  said  town.  Provided,  that 
none  of  said  poles  shall  be  erected  or  maintained  upon  any  street  or 
public  highway  that  is  now  or  hereafter  may  be  opened  across  the  said 
company’s  tracks  or  right  of  way. 

r 3.  Motive  power  — rights  of  private  property  owners.] 
§ 3.  It  is  hereby  provided  that  the  said  Atchison,  Topeka  and  Santa 


382 


RAILROADS. 


[§  1*5 


Fe  Railroad  Company  in  Chicago  may  use  and  operate  its  said  rail- 
road with  locomotive  engines  and  cars  under  such  general  regulations 
and  rules  as  the  president  and  board  of  trustees  of  the  town  of  Lake 
may  from  time  to  time  impose  and  make,  and  the  rights  and  privileges 
hereby  granted  shall  be  enjoyed,  subject  to  all  general  ordinances 
that  now  are  or  hereafter  may  be  in  force  concerning  railroads  in  said 
town,  and  it  is  expressly  understood  that  the  president  and  board  of 
trustees  of  said  town  do  not  hereby  grant  the  right  to  enter  upon 
or  use  private  property  without  the  consent  of  the  owner  or  owners 
thereof  first  being  had  and  obtained  by  said  company. 

1*  4.  Crossing  streets,  etc— track  connections— opening  streets 
— viaducts.]  § 4.  The  tracks  authorized  by  this  ordinance  may  cross 
at  grade  any  and  all  intervening  streets,  highways  and  alleys  along  the 
line  of  the  routes  herein  described,  and  at  such  points  as  it  may  become 
necessary  to  cross  the  tracks  of  other  railway  companies;  a gradient 
approaching  the  same  may  be  established  of  one  (1)  foot  of  vertical 
height  to  three  hundred  (300)  feet  of  horizontal  distance,  and  when 
to  accomplish  this  it  becomes  necessary  to  raise  the  grade  of  any  street, 
the  expense  thereof  shall  be  borne  by  the  railroad  company,  and  the 
said  railroad  company  shall  pay  and  forever  discharge  the  said  town 
from  any  and  all  damages  that  may  result  to  said  town,  and  any  and 
all  damages  and  claims  for  damages  that  may  result  to  persons  or 
property  growing  out  of,  or  resulting  from  the  construction  of  any 
such  gradient,  or  growing  out  of  any  act  or  acts  in  connection  there- 
with. 

When  the  tracks  laid  under  the  authority  of  this  ordinance  cross 
or  run  parallel  with,  and  within  one  hundred  and  fifty  (150)  feet  of  the 
tracks  of  this  or  any  other  railway  company  or  companies,  connections 
may  be  made  with  the  same  upon  regular  and  practicable  curves,  pro- 
vided, that  no  street  or  alley  of  said  town  shall  be  crossed  or  entered 
upon  in  making  such  connections  by  more  than  two  tracks  without 
special  permission  from  the  president  and  board  of  trustees  of  said 
town,  and  that  no  frog  or  switch  shall  be  placed  in  any  street  or 
alley  of  said  town.  The  rights  and  privileges  hereby  granted  are 
upon  the  further  express  condition  that  the  said  Atchison,  Topeka  and 
Santa  Fe  Railroad  Company  in  Chicago,  its  successors  and  assigns, 
shall  and  will  permit  said  town,  without  any  compensation  or  claim  for 
damages,  to  open  and  extend  any  street  or  streets  across  its  said  tracks, 
side  tracks,  switches,  turnouts  and  right  of  way  along  the  line  of  the 
routes  described  in  section  1,  and  also  across  the  tracks,  side  tracks, 
switches,  turnouts  and  right  of  way  in  said  section  2 at  its  intersection 
with  the  east  line  of  the  west  half  of  said  section  two  (2),  south  of  the 
north  line  of  Archer  road,  of  any  other  railroad  company  or  companies 
which  are  now  owned  by  said  Atchison,  Topeka  and  Santa  Fe  Railroad 
Company  in  Chicago,  and  that  the  said  Atchison,  Topeka  and  Santa 
Fe  Railroad  Company  in  Chicago,  its  successors  and  assigns, 
shall  and  will  plank  all  crossings  and  build  approaches  and 


§ 185]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY.  383 

keep  the  same  in  good  condition  and  repair  at  any  and  all 
streets  which  now  are  or  which  may  hereafter  be  intercepted  by 
its  said  tracks  or  the  tracks  of  any  other  railroad  company 
or  companies  south  of  the  intersection  of  the  north  line  of 
said  Archer  avenue  with  the  east  line  of  the  west  half  of  said 
section  two  (2)  which  are  now  owned  by  said  Atchison,  Topeka  and 
Santa  Fe  Railroad  Company  in  Chicago,  and  that  said  crossings  shall 
be  planked  and  approaches  built  and  maintained  under  the  direction 
of  the  superintendent  of  the  department  of  public  works  of  said  town, 
and  upon  the  further  express  condition  that  whenever  the  public  neces- 
sities of  said  town  shall  require  the  said  railroad  company,  its  suc- 
cessors and  assigns,  will  construct  and  maintain,  under  the  super- 
vision of  the  superintendent  of  the  department  of  public  works  of  said 
town,  two  viaducts  over  its  said  tracks  and  right  of  way  and  the  tracks 
and  right  of  way  south  of  the  intersection  of  the  north  line  of  said 
Archer  avenue  with  the  east  line  of  the  west  half  of  said  section  two 
(2),  of  any  other  railroad  company  or  companies  that  said  Atchison, 
Topeka  and  Santa  Fe  Railroad  Company  in  Chicago  may  now  own, 
at  such  streets  of  said  town  which  now  are  or  which  hereafter  may  be 
intercepted  by  its  said  tracks  or  the  tracks  of  any  other  railroad  com- 
pany or  companies  which  are  now  owned  by  said  Atchison,  Topeka 
and  Santa  Fe  Railroad  Company  in  Chicago,  as  the  president  and 
board  of  trustees  of  said  town  may  order  or  require.  Provided,  how- 
ever, that  where  any  such  viaduct  cannot  be  built  at  any  such  street 
crossing  without  the  same  being  built  over  the  track  or  tracks  of  some 
other  railroad  company  or  companies  not  now  owned  by  said  Atchison, 
Topeka  and  Santa  Fe  Railroad  Company  in  Chicago,  then  the  said 
Atchison,  Topeka  and  Santa  Fe  Railroad  Company  in  Chicago,  its 
successors  and  assigns,  shall  only  be  obliged  to  join  with  such  other 
railroad  company  or  companies  in  the  construction  and  maintenance 
of  such  viaduct  or  viaducts,  and  pay  its  fair  proportion  of  the  costs 
of  such  viaduct  or  viaducts  and  the  maintenance  thereof;  and  if  such 
other  railroad  company  or  companies  shall  not  join  in  the.  erection 
and  maintenance  of  any  such  viaduct  or  viaducts,  then  when  the  fair 
proportion  of  said  cost  of  such  other  company  or  companies  shall  be 
otherwise  provided  for,  the  said  Atchison,  Topeka  and  Santa  Fe  Rail- 
road Company  in  Chicago,  its  successors  and  assigns,  shall  pay  its 
fair  proportion  of  the  cost  of  such  viaduct  or  viaducts.  Provided, 
further,  that  in  case  the  said  Atchison,  Topeka  and  Santa  Fe  Railroad 
Company  in  Chicago,  its  successors  or  assigns,  shall  refuse  or  neglect 
to  construct  or  maintain  any  such  viaduct  or  viaducts,  when  requested 
so  to  do  by  the  said  town,  or  shall  refuse  or  neglect  to  pay  for  the  same, 
or  its  just  proportion  thereof,  then  the  said  town  of  Lake  may  construct 
or  pay  for  the  same,  and  recover  the  cost  thereof,  or  the  amount 
paid  therefor,  from  the  said  Atchison,  Topeka  and  Santa  Fe  Railroad 
in  Chicago,  its  successors  and  assigns,  by  such  suit  or  action  as  it  may 
deem  advisable.  Nothing  herein  contained,  however,  shall  compel 


384 


RAILROADS. 


[§  18s 


said  railroad  company,  its  successors  or  assigns,  to  construct  or  to 
bear,  or  share  in  the  cost  of  constructing  or  maintaining  either,  or  any 
of  the  approaches  to  said  viaducts. 

If  5.  Dedication  of  streets — roundhouses  and  repair  shops.] 
§ 5.  The  rights  and  privileges  herein  granted  are  granted  upon  the 
further  condition  that  before  the  said  Atchison,  Topeka  and  Santa  Fe 
Railroad  Company  in  Chicago  shall  have  the  right  to  lay  any  of  the 
tracks  authorized  by  this  ordinance,  and  as  a condition  precedent 
thereto,  the  said  Atchison,  Topeka  and  Santa  Fe  Railroad  Company 
in  Chicago  shall  lay  out  and  dedicate  for  street  purposes  the  south 
thirty-three  (33)  feet  of  the  east  half  (J/2)  of  the  southwest  quarter  (}4) 
of  said  section  two  (2)  for  the  extension  of  47th  street  and  the  north 
thirty-three  (33)  feet  of  the  east  half  Q4)  of  the  northwest  quarter  (%) 
of  said  section  two  (2)  for  the  extension  of  39th  street,  so  far  as  said 
Railroad  Company  now  owns  the  same;  and  upon  the  further  express 
condition  that  the  said  Atchison,  Topeka  and  Santa  Fe  Railroad  Com- 
pany in  Chicago  shall  and  will  establish  and  maintain  round  houses 
and  repair  shops  on  the  property  it  now  owns  in  said  section  two  (2). 

% 6.  Construction  of  drains,  etc. — waiver  of  damage.]  § 6. 
The  rights  and  privileges  herein  granted  are  granted  upon  the  further 
express  condition  that  the  said  Atchison,  Topeka  and  Santa  Fe  Rail- 
road Company  in  Chicago,  its  successors  and  assigns,  shall  and  will 
construct  and  maintain  all  drains,  culverts,  sewers  and  ditches  that  the 
superintendent  of  the  department  of  public  works  of  the  town  of  Lake 
may  deem  necessary  for  carrying  off  the  water  and  sewage  that  may 
accumulate  by  reason  of  the  construction  of  said  railroad,  and  for  pre- 
venting the  accumulation  of  water  and  sewage  by  reason  of  the  con- 
struction of  said  railroad,  and  the  town  of  Lake  hereby  reserves  the 
right  to  construct  and  maintain  such  sewer,  gas  and  water  mains, 
across,  along  and  under  the  streets  and  alleys  crossed  by  the  right-of- 
way  herein  granted,  as  the  superintendent  of  the  department  of  public 
works  of  said  town  may  deem  necessary  and  said  railroad  company  by 
the  acceptance  of  this  ordinance  expressly  waives  all  claim  to  com- 
pensation or  damages  by  reason  of  the  construction  of  such  mains  by 
said  town. 

IT  7.  Bond — renewal  of.]  § 7.  The  rights  and  privileges 

hereby  granted,  are  granted  upon  the  further  express  condition  that 
the  said  Atchison,  Topeka  and  Santa  Fe  Railroad  Company  in  Chi- 
cago will  first  enter  into  a bond  with  the  town  of  Lake,  to  be  approved 
by  the  president  and  board  of  trustees  of  said  town,  with  good  and 
sufficient  sureties  in  the  penal  sum  of  one  hundred  thousand  ($100,000) 
dollars,  conditioned  to  indemnify  and  save  harmless  the  said  town 
against  and  from  any  and  all  damages,  or  claims  for  damages,  judg- 
ments, decrees,  costs  and  expenses  of  the  same  (except  land  damages 
to  private  property,  if  any,  resulting  from  the  construction  of  the  via- 
ducts, or  either  of  them  provided  for  in  this  ordinance),  which  said 
town  of  Lake  may  suffer,  or  which  may  be  recovered  or  obtained 


185]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY. 


385 


against  the  said  town  for  or  by  reason  of,  the  granting  of  the  rights 
and  privileges  in  this  ordinance  contained,  or  for  or  by  reason  of  or 
growing  out  of  or  resulting  from  the  passage  of  this  ordinance  or  from 
any  act  or  acts  of  the  said  company  under  or  by  virtue  of  the  authority 
herein  granted,  Or  the  failure,  refusal  or  neglect  of  said  company  to  per- 
form each  and  every  of  the  said  conditions  upon  which  this  ordinance 
is  granted,  and  it  is  hereby  further  provided  that  upon  the  recovery  of 
any  such  final  judgment  or  decree  against  said  town  as  aforesaid,  said 
company  shall  immediately  and  without  prior  payment  of  such  judg- 
ment or  decree  by  said  town,  be  liable  to  pay  and  shall  pay,  the  amount 
or  amounts  thereof  to  said  town,  and  the  fact  that  the  said  town  may 
not  have  paid  such  judgment  or  decree  shall  constitute  no  defense  on 
the  part  of  said  company,  and  it  is  hereby  further  expressly  provided 
that  in  case  of  the  failure  of  the  said  Atchison,  Topeka  and  Santa  Fe 
Railroad  Company  in  Chicago  to  perform  any  of  the  conditions  or 
provisions  of  this  ordinance,  the  said  town  of  Lake  shall  not  be  lim- 
ited to  an  action  upon  the  bond  of  said  company,  but  may  proceed 
. at  once  against  said  company,  in  any  suit  or  action  at  law  or  in  equity, 
which  it  may  deem  advisable  or  necessary  for  the  recovery  of  any 
money,  damages,  or  costs,  which  it  may  have  sustained  by  reason  of 
such  breach  or  failure;  and  it  is  hereby  further  provided  that  the  said 
Atchison,  Topeka  and  Santa  Fe  Railroad  Company  in  Chicago,  its 
successors  and  assigns,  shall  renew  said  bond  and  sureties  thereon 
whenever  and  so  often  as  the  said  town  of  Lake  may  desire,  .or  require. 

J\  8.  Acceptance.]  § 8.  This  ordinance  shall  not  be  in  force 
until  its  written  acceptance  by  the  said  Atchison,  Topeka  and  Santa  Fe 
Railroad  Company  in  Chicago  shall  be  duly  filed  with  the  clerk  of  the 
town  of  Lake,  together  with  the  bond  as  hereinbefore  provided,  and 
unless  said  acceptance  and  bond  shall  be  duly  executed  and*  filed  with 
the  town  clerk  within  thirty  (30)  days  from  the  passage  thereof,  this 
ordinance  shall  be  null  and  void,  and  in  case  of  a failure  on  the  part  of 
the  said  company  its  successors  and  assigns,  to  keep  and  observe  each 
and  every  of  the  conditions  of  this  ordinance,  the  town  of  Lake  shall 
have  the  right  to  repeal  this  ordinance,  and  to  forfeit  all  rights  acquired 
hereunder;  and  all  rights,  power  and  authority  conferred  upon  tne 
town  of  Lake,  or  its  officers  and  trustees  shall  rest  in,  and  be  exercised 
by  the  municipal  corporation  or  its  officers  or  trustees  or  authorities 
within  whose  limits  said  right-of-way  herein  granted  or  any  portion 
thereof  may  be  situated. 

If  9.  Time  limit  of  construction.]  § 9.  The  privilege  and 
authority  hereby  granted  are  so  granted  upon  the  further  express  con- 
dition that  the  main  track  authorized  by  section  1 of  this  ordinance 
shall  be  laid  down  and  constructed  within  four  years  from  the  taking 
effect  of  this  ordinance,  and  if  not  so  constructed  and  in  operation,  all 
the  rights  and  privileges  granted  by  this  ordinance  shall  cease  and  be 
null  and  void;  Provided,  that  if  said  company  shall  be  delayed  in  the 
construction  of  said  main  track  by  legal  proceedings  against  said  com- 

25 


386 


RAILROADS. 


pany,  or  by  the  act  of  the  said  town  of  Lake,  its  officers,  agents  and 
servants,  then  the  four  years  herein  mentioned  shall  be  exclusive  of 
any  and  all  such  delays. 

§ 1 86.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

i.  Fifteenth  street — bond. 

*i\  2.  Subject  to  ordinances. 

3.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Atchison,  Topeka  & Santa  Fe  Railroad 
company  to  lay  a switch  track  across  Fifteenth  street  to  connect  with  the 
D.  B.  Shipman  White  Lead  Works.  (Passed  March  6,  1890.  Accepted 
March  29,  1890.) 

Tf  1.  Fifteenth  street — bond.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That  the  right  is  hereby  granted 
to  the  Atchison,  Topeka  and  Santa  Fe  Railroad  Company,  its  suc- 
cessors and  assigns,  to  construct,  maintain  and  operate  for  a period  of 
ten  years  a switch  track  from  the  works  of  the  D.  B.  Shipman  White 
Lead  Works,  now  located  at  the  southeast  corner  of  Dearborn  and 
Fifteenth  streets  in  the  city  of  Chicago,  across  Fifteenth  street  one 
hundred  (100)  feet,  more  or  less,  east  from  the  east  line  of  Dearborn 
street,  to  a point  of  connection  with  the  tracks  of  the  said  Atchison,  To- 
peka and  Santa  Fe  Railroad  Company  in  Chicago,  as  shown  by  the 
track  marked  “A”  in  red  ink  on  the  plat  hereto  attached,  and  made  a 
part  of  this  ordinance;  Provided,  however,  that  the  Atchison,  Topeka 
and  Santa  Fe  Railroad  Company  shall  within  thirty  (30)  days  after 
the  passage  of  this  ordinance  enter  into  a bond  with  the  city  of  Chi- 
cago, to  be  approved  by  the  mayor,  in  the  penal  sum  of  $10,000,  con- 
ditioned to  indemnify  and  save  harmless  the  city  of  Chicago  against 
and  from  all  damages,  judgments,  decrees,  costs  and  expenses  of  the 
same  which  said  city  may  suffer  or  which  may  be  recovered  or  ob- 
tained against  said  city  for  or  by  reason  of,  or  resulting  from  the  pas- 
sage of  this  ordinance,  or  from  any  act  or  acts  under  or  by  virtue 
thereof. 

1 2.  Subject  to  ordinances— repair  of  street.]  § 2.  The 

rights  hereby  granted  shall  be  subject  to  all  present  or  future  or- 
dinances concerning  railroad  tracks  and  the  track  hereby  authorized 
shall  be  constructed  and  maintained,  and  Fifteenth  street  where  crossed 
by  said  track  shall  be  maintained  in  good  condition  and  repair,  under 
the  direction  and  supervision  of  the  department  of  public  works  of  the 
city  of  Chicago. 

IT  3.  When  in  force  — acceptance.]  § 3.  This  ordinance 
shall  be  in  force  from  and  after  its  passage  and  acceptance  by  said 
Atchison,  Topeka  and  Santa  Fe  Railroad  Company,  of  its  terms  and 
conditions,  which  acceptance  shall  be  filed  with  the  city  clerk  within 
thirty  (30)  days  of  the  passage  hereof. 


§ *l86]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY. 


387 


§ *186.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

1.  Preamble — space  defined. 

2.  Alteration  of  walks — curbing — cost. 

3.  Improvement  of  street. 

If  4.  Remain  in  force. 

An  ordinance  defining  and  setting  apart  the  portions  of  Twelfth  street  to  be  used 

for  sidewalks,  driveway  and  railroad  tracks  under  ordinance  passed  October 

26,  1874.  (Passed  December  19,  1892.  Accepted  January  23,  1893.) 

1"  1.  Preamble — space  defined.]  Whereas,  the  Atchison,  To- 
peka and  Santa  Fe  Railroad  Company,  in  Chicago,  as  successor  to 
the  Chicago  and  Southern  Railroad  Company,  is  owning  and  operat- 
ing two  railroad  tracks  in  West  Twenty-sixth  street,  from  a point 
immediately  east  of  Sacramento  avenue  to  the  east  line  of  Western 
avenue,  under  and  by  virtue  of  the  ordinance  granting  rights  to  the 
Chicago  and  Southern  Railroad  Company,  adopted  October  26,  1874, 
and  the  supplements  thereto;  and,  whereas,  it  is  desirable  to  define 
and  set  apart  the  particular  portions  of  said  West  Twenty-sixth  street, 
which  are  to  be  used  for  sidewalks,  driveway  and  railroad  tracks, 
respectively;  now,  therefore, 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 

That,  from  the  east  line  of  Western  avenue  to  the  east  line 
of  Sacramento  avenue,  the  sidewalk  on  the  north  side  of 
said  West  Twenty-sixth  street,  be  established  at  the  width  of 
fifteen  feet;  that  the  roadway  be  established  at  the  width  of 
thirty-eight  feet,  immediately  south  of  and  adjoining  said  north 
sidewalk ; that  the  space  to  be  occupied  by  the  tracks  of  said  railroad 
company  be  established  at  twenty-two  and  one-half  feet,  imme- 
diately south  of  and  adjoining  said  roadway,  and  that  the  sidewalk 
space  on  the  south  side  of  Twenty-sixth  street  be  established  at 
a width  of  seven  and  one-half  feet,  immediately  south  of  and 
adjoining  the  railroad  strip  aforesaid. 

1 2.  Alteration  of  walks  — curbing  — cost]  §2.  That  the 
changes  in  the  location  of  the  railroad  track  required  by  the  provis- 
ions hereof,  and  the  reduction  of  width  of  any  existing  sidewalk,  and 
the  replacing  and  resetting  of  curbing  incident  thereto,  in  accordance 
herewith,  shall  be  made  by  and  at  the  expense  of  said  railroad  com- 
pany and  under  the  supervision  and  direction  of  the  commissioner  of 
public  works  of  the  city  of  Chicago. 

1 3.  Improvement  of  street.]  § 3.  Nothing  herein  con- 
tained shall  be  held  to  repeal  any  portion  of  said  ordinance  of  October 
26th,  1874,  or  the  supplements  thereto  or  the  ordinances  providing  for 
the  improvement  of  said  street,  or  to  release  the  said  railroad  com- 
pany, or  its  successors,  from  any  of  the  obligations  thereby  imposed. 

IT  4.  Remain  in  force.]  § 4.  This  ordinance  shall  remain 
in  force  and  effect  from  and  after  its  passage. 


388 


RAILROADS. 


[§ 


§ 187.  Atchison,  Topeka  & Santa  Fe  Railroad  company. 

1.  Grant — route  defined. 

TT  2.  Conform  to  all  grades. 

3.  Laying  out  streets  across  right  of  way. 

IT  3 Cars  not  to  stand  upon  street  crossings. 

4.  Motive  power. 

TT  4j^.  Conditions. 

5.  Indemnity. 

*f[  6.  Provision  for  elevation  of  tracks. 

i 7 • Time  limit  for  construction. 

8.  Bond. 

IT  9.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Atchison,  Topeka  & Santa  Fe  Railroad 
company  (grantee  or  lessee  of  the  Grand  Trunk  Junction  Railway  company) 
to  construct,  maintain  and  operate  a railroad.  (Passed  April  8.  1896. 
Accepted  April  16,  1896.) 

If  1.  Grant  — route  defined.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 
are  hereby  given  and  granted  to  the  Atchison,  Topeka  and  Santa  Fe 
Railroad  Company  in  Chicago,  its  successors  and  assigns,  to  con- 
struct, maintain  and  operate  a railroad,  with  one  or  two  main  tracks, 
and  with  necessary  and  convenient  side  tracks,  turnouts,  switches  and 
appurtenances,  on  such  land  in  the  city  of  Chicago  as  it  now  has  the 
right,  or  may  hereafter  acquire  the  right,  to  lay  tracks  upon,  across, 
along  and  upon  the  following  route : 

Beginning  at  the  western  terminus  of  the  right  of  way  of  the  At- 
chison, Topeka  and  Santa  Fe  Railroad  Company  in  Chicago,  at  the 
north  and  south  center  line  of  section  eleven  (11),  township  thirty-eight 
(38)  north,  range  thirteen  {13)  east  of  the  third  principal  meridian,  im- 
mediately south  of  49th  street,  upon  which  right  of  way  the  said  com- 
pany is  authorized  to  construct  its  railroad,  as  grantee  or  lessee  of  the 
Grand  Trunk  Junction  Railway  Company,  under  and  by  virtue  of  an 
ordinance  of  the  town  of  Lake,  adopted  May  6,  i88t,  entitled  an  or- 
dinance granting  right  of  way  to  the  Grand  Trunk  Junction  Railway 
Company;  thence  southerly  to  a point  between  53rd  and  54th  streets, 
and  thence  westerly  to  the  western  limits  of  the  city;  and  for  that  pur- 
pose to  cross  intervening  streets  and  alleys,  with  the  right  to  erect  and 
operate,  on  said  right  of  way,  a line  of  telegraph,  for  its  own  use. 

1 2.  Conform  to  all  grades.]  § 2.  Said  Atchison,  Topeka 
and  Santa  Fe  Railroad  Company  in  Chicago,  in  the  construction  of 
the  tracks  hereby  authorized  shall  conform  to  all  grades  in  the  streets 
to  be  so  crossed,  by  said  railway,  as  they  now  exist,  or  which  may  be 
hereafter  adopted  by  the  city  of  Chicago. 

IT  3.  Laying  out  streets  across  right  of  way.]  § 3.  The 
city  of  Chicago  shall  have  the  right,  at  any  time,  to  lay  out  streets 
across  the  right  of  way  of  said  company,  without  compensation  to  said 
company,  and  said  company  hereby  agrees  to  make  no  resistance  in 
court  or  otherwise  to  the  extension  of  any  street  across  such  right  of 
way  as  the  city  of  Chicago  may  by  ordinance  provide. 


389 


§ 187]  ATCHISON,  TOPEKA  & SANTA  FE  RAILROAD  COMPANY. 

1 3 y2*  Cars  not  to  stand  upon  street  crossings.]  § 3P2. 
No  cars  shall  at  any  time  be  permitted  by  said  company  to  remain 
standing  upon  the  street  crossing  so  as  to  interfere  with  the  passage 
of  persons  or  vehicles  upon  or  along  said  street. 

T 4.  Motive  power.]  § 4.  Said  Atchison,  Topeka  and 
Santa  Fe  Railroad  Company  in  Chicago  is  authorized  to  operate  its 
trains  upon  said  tracks  with  steam  power. 

1"  4>£.  Conditions.]  § 4^.  The  privileges  in  and  by  this  or- 
dinance granted  to  said  railroad  company  are  granted  upon  the  ex- 
press condition  that  said  company  shall  well  and  truly  keep,  perform 
and  observe  all  and  singular  the  agreements,  stipulations  and  require- 
ments on  its  part  to  be  kept  and  performed,  and  if  it  shall  fail  or  neg- 
lect so  to  do  then,  and  in  that  case,  all  the  privileges  hereby  granted 
shall  at  once  cease  and  determine,  and  said  company  shall  thereafter 
no  longer  have  any  right  to  occupy  any  part  or  portion  of  any  public 
street. 

IT  5.  Indemnity.]  § 5.  This  ordinance  is  granted  upon  the 
express  condition  that  said  railroad  company  shall  save,  protect  and 
indemnify  the  city  of  Chicago  against  any  and  all  damages  resulting 
from  the  construction  of  said  tracks  and  the  operation  of  cars  thereon. 

T 6.  Provision  for  elevation  of  tracks.]  § 6.  The  fran- 
chises and  privileges  herein  granted  shall  be  subject  to  all  general  or- 
dinances of  the  city  of  Chicago  now  in  force  or  hereafter  to  be  passed 
affecting  railways  and  their  operation. 

Provided,  also,  that  whenever  the  plated  streets  crossed  by  the 
tracks  hereby  authorized  shall  be  accepted  and  improved  by  the  city, 
and  shall  become  sufficiently  traveled  to  necessitate  the  elevation  of 
said  tracks,  such  elevation  shall  be  made  by  said  company  as  may  be 
required  by  ordinance  of  the  city  of  Chicago,  provided  therefor. 

IT  7.  Time  limit  for  construction.]  § 7.  The  tracks  hereby 
authorized  shall  be  constructed  and  cars  thereon  in  operation  within 
eighteen  (18)  months  from  the  passage  of  this  ordinance. 

1 8.  Bond  .]  § 8.  The  said  Atchison,  Topeka  and  Santa  Fe 

Railroad  Company  in  Chicago,  shall  give  a bond,  with  sureties  to  be 
approved  by  the  mayor,  in  the  sum  of  twenty-five  thousand  ($25,000) 
dollars,  to  protect  and  indemnify  the  city  of  Chicago  against  any  and 
all  damages  resulting  from  the  passage  of  this  ordinance  and  the  con- 
struction and  operation  of  the  tracks  herein  authorized,  and  conditioned 
also  that  such  tracks  shall  be  constructed  and  in  operation  within 
eighteen  months  from  the  passage  hereof. 

T 9.  When  in  force  — acceptance.]  § 9.  This  ordinance 
shall  be  in  force  and  take  effect  from  and  after  its  passage,  and  upon 
the  filing  with  the  city  clerk  of  said  bond  and  the  acceptance  by  the 
Atchison,  Topeka  and  Santa  Fe  Railroad  Company,  in  Chicago,  here- 
of, provided  that  said  bond  and  said  acceptance  shall  be  filed  with  the 
city  clerk  within  thirty  days  from  the  passage  hereof. 


390 


RAILROADS. 


BALTIMORE  & OHIO  AND  CHICAGO  RAILROAD  COM- 
PANY. 

§ 1 88.  Baltimore  & Ohio  and  Chicago  Railroad  company.  . ] 

IT  i.  Permission  to  lay  temporary  tracks — route. 

An  ordinance  authorizing  the  Baltimore  & Ohio  and  Chicago  Railroad  company, 
or  its  lessees,  to  lay  and  maintain  temporary  tracks  across  South  Chicago 
avenue  and  Harbor  avenue.  (Passed  June  5,  1893.) 

% 1.  Permission  to  lay  temporary  tracks — route.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago  : § 1.  That  where- 
as, it  is  necessary  for  the  purpose  of  accommodating  passenger  traffic 
between  the  Worlds  Fair  grounds  and  points  in  and  west  of  West  Chi- 
cago that  additional  railroad  facilities  be  provided,  it  is  therefore  or- 
dered that  permission  be  and  is  hereby  granted  to  the  Baltimore  and 
Ohio  and  Chicago  Railroad  Company,  and  its  lessees,  to  lay  down, 
maintain  and  operate  until  November  1st,  1894,  two  railroad  tracks  of 
standard  gaug'e  over  and  across  South  Chicago  avenue  and  the  south- 
west corner  of  Llarbor  avenue  where  it  intersects  with  said  Chicago 
avenue  as  shown  upon  the  plat  hereto  attached.  Said  tracks  to  enter 
upon  said  South  Chicago  avenue  from  block  107,  nearly  opposite  the 
westerly  line  of  Harbor  avenue,  thence  crossing  said  South  Chicago 
avenue  in  a northerly  direction  and  entering  lot  No.  31,  of  block  No.  90 
at  or  near  the  intersection  of  the  northwest  line  of  Harbor  avenue 
with  the  northeasterly  line  of  said  $outh  Chicago  avenue,  the  easterly 
of  said  tracks  4o  pass  not  further  than  ten  feet  southeasterly  of  said 
point  of  intersection,  and  to  enter  said  lot  No.  31  at  or  about  sixty-five 
feet  northeasterly  of  said  point  of  intersection. 

Note. — See  following  ordinance  extending  term  of  grant. 

§ 189.  Baltimore  & Ohio  and  Chicago  Railroad  company. 

1.  Term  of  foregoing  ordinance  extended  on  conditions. 

IT  2.  Subject  to  track  elevation  ordinance. 

IT  3.  Acceptance. 

An  ordinance  to  continue  the  permission  to  the  Baltimore  & Ohio  and  Chicago 
Railroad  company,  and  its  lessees,  to  maintain  tracks  across  South  Chicago 
and  Harbor  avenues.  (Passed  July  12,  1894.  Accepted  July  30,  1894.) 

1”  1.  Term  of  foregoing  ordinance  extended— conditions.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  Where- 
as, the  Baltimore  and  Ohio  and  Chicago  Railroad  Company,  and  its 
lessees,  were  heretofore  operating  trains  between  points  in  the  west  of 
West  Chicago  and  points  north  and  east  of  South  Chicago  avenue,  and 
in  so  doing  it  was  necessary  where  the  crossing  was  made  of  South 
Chicago  avenue  and  Harbor  avenue,  in  the  city  of  Chicago,  to  do  con- 
siderable switching,  so  that  said  avenues  were  more  or  less  obstructed; 
and  to  relieve  such  obstruction,  an  ordinance  was  passed  by  the  city 
council  of  said  city  on  or  about  June  5th,  A.  D.  1893,  permitting  said 
railroad  company,  and  its  lessees,  to  maintain  and  operate  two  rail- 
road tracks  of  standard  gauge  over  and  across  said  avenues,  as  shown 


§ 190]  BALTIMORE,  PITTSBURG  & CHICAGO  RAILWAY  COMPANY,  ETC.  391 

upon  the  plat  thereto  and  hereto  attached,  for  the  period  ending  No- 
vember 1st,  A.  D.  1894,  so  as  to  allow  such  trains  to  be  operated  across 
said  avenue  without  such  switching;  and  said  railroad  company,  and 
its  lessees,  are  desirous  of  having  such  permission  continued  for  the 
term  of  twenty  years,  and  offers  for  such  privilege  and  permission  the 
consideration  hereinafter  named.  Now,  therefore,  in  consideration  of 
the  agreement  by  said  Baltimore  and  Ohio  and  Chicago  Railroad  Com- 
pany to  furnish,  upon  the  ground,  the  necessary  filling  for  building 
up  to  the  established  grade  Ninety-fifth  street,  between  the  tracks  of 
said  company  and  the  easterly  line  of  the  right  of  way  of  the  Lake 
Shore  and  Michigan  Southern  Railway  Company,  whenever  requested 
by  the  said  city  of  Chicago  so  to  do,  and  the  further  consideration  of 
the  agreement  on  the  part  of  said  Baltimore  and  Ohio  and  Chicago 
Railroad  Company  to  permit  the  opening  and  extension  across  its 
tracks  and  right  of  way  of  said  Ninety-fifth  street,  and  to  execute  and 
deliver  to  said  city  any  deed  of  conveyance  necessary  for  that  pur- 
pose, the  said  permission  granted,  on  or  about  June  5th,  A.  D.  1893, 
to  said  Baltimore  and  Ohio  and  Chicago  Railroad  Company,  and  its 
lessees,  is  hereby  extended  and  continued  to  November  first,  A.  D. 
19I4- 

1 2.  Subject  to  track  elevation  — ordinances.]  § 2.  The 

above  and  foregoing  permission  is  granted,  subject  to  the  enforcement 
of  any  and  all  ordinances  that  may  be  hereafter  duly  passed  by  the  city 
council  of  said  city  relating  to  the  elevation  of  tracks,  railroads  or  rail- 
road property. 

IT  3.  Acceptance.]  § 3.  The  permission  granted  in  section  1 
is  upon  the  further  condition  that  the  said  Baltimore  and  Ohio  and 
Chicago  Railroad  Company  will  within  thirty  days  after  the  passage 
of  this  ordinance  duly  accept  all  of  the  provisions  thereof  in  writing. 


BALTIMORE,  PITTSBURG  & CHICAGO  RAILWAY  COM- 
PANY, ILLINOIS  DIVISION. 

§190.  Baltimore,  Pittsburg  & Chicago  Railway  company, 
Illinois  division. 

If  1.  Route — conditions. 

If  2.  Bond. 

An  ordinance  granting  a right  of  way  to  the  Baltimore,  Pittsburg  & Chicago 
Railway  company,  (Illinois  division)  in  the  village  of  Hyde  Park.  (Passed 
and  approved  August  31,  1874  ) 

1 1-  Route  — conditions.]  Be  it  ordained  bv  the  president  and 
board  of  trustees  of  the  village  of  Hyde  Park:  § 1.'  That  permission 


392 


RAILROADS. 


be  and  is  hereby  granted  to  the  Baltimore,  Pittsburg  and  Chicago  Rail- 
road Company,  Illinois  division,  to  construct  and  lay  one  or  more  rail- 
road tracks  upon  that  certain  strip  of  land,  not  exceeding  one  hundred 
feet  in  width,  which  said  company  may  acquire  in  said  village,  com- 
mencing on  the  line  of  said  railway,  at  a point  on  the  boundary  line 
between  the  states  of  Indiana  and  Illinois,  thirty-three  feet  north  of 
the  north  line  of  the  right  of  way  of  the  Lake  Shore  and  Michigan 
Southern  Railway  Company;  thence  running  northwesterly,  crossing 
the  Calumet  river  in  blocks  one  hundred  and  nine  and  one  hundred 
and  eight  of  the  subdivision  of  the  Calumet  and  Chicago  Canal  and 
Dock  Company,  in  sections  five  and  six,  south  of  the  Indiana  bound- 
ary line  in  town  thirty-seven  north,  range  fifteen,  east  third  principal 
meridian;  thence  northwesterly  through  block  one  hundred  and  seven, 
and  through  the  center  of  blocks  ninety,  eighty-six,  sixty-eight,  fifty- 
six,  thirty-nine,  twenty-six  and  seven,  of  said  subdivision;  thence  north- 
westerly through  section  thirty-one,  town  thirty-eight  north,  range 
fifteen,  east  third  principal  meridian;  and  thence  northwesterly  through 
sections  thirty-six  and  twenty-five,  town  thirty-eight  north,  range 
fourteen,  east  third  principal  meridian,  crossing  Stony  Island  avenue, 
and  thence  northwesterly  through  blocks  two,  seven,  eight  and  nine, 
of  Ingraham’s  subdivision  of  the  northeast  quarter  of  section  twenty- 
six,  town  thirty-eight  north,  range  fourteen,  east  third  principal  merid- 
ian, known  as  Oakwood  Park;  thence  through  blocks  four,  five  and 
three,  in  Scammon  and  Dickey’s  subdivision  of  west  half  southeast 
quarter,  section  twenty-three,  town  thirty-eight  north,  range  fourteen, 
east  third  principal  meridian,  to  the  Illinois  Central  Railroad  right  of 
way  south  of  the  center  line  of  sections  twenty-three  and  twenty-four  in 
town  thirty-eight  north,  range  fourteen,  as  well  as  across  any  street  or 
alley  in  their  line  of  road  within  the  boundaries  aforesaid;  Provided, 
said  company  shall  pay  any  and  all  damages  arising  from,  or  in  anyway 
growing  out  of  such  taking  or  using  such  portion  of  said  streets  or 
alleys  or  any  of  them,  to  any  and  all  persons  injured  or  damaged  by 
the  same;  And  Provided,  said  railroad  company  shall  construct  and 
maintain  good  and  convenient  crossings  and  sidewalks,  and  upon  such 
grade  or  grades  as  may  be  from  time  to  time  required  by  the  board 
of  trustees,  as  well  as  cattle  guards,  culverts  and  warning  tables  across 
their  tracks  and  grounds  at  the  intersection  of  all  streets  and  alleys 
now  existing,  or  which  may  hereafter  be  authorized  or  opened  by  said 
board,  and  comply  with,  and  be  subject  to  all  laws  and  ordinances  of 
said  village  now  in  force,  or  which  may  hereafter  be  adopted. 

1"  2.  Bond.]  § 2.  This  ordinance  shall  not  take  efifect  until 
after  said  company  shall  have  entered  into  a bond  with,  or  to  said  vil- 
lage of  Hyde  Park,  in  the  penal  sum  of  one  hundred  thousand  dollars 
conditioned  for  the  payment  of  all  damages  for  which  the  said  village 
may  become  liable  to  any  person  or  persons  by  reason  of  the  said  road 
entering  or  running  through  a portion  of  said  village,  or  by  reason  of 
said  company  constructing,  laying  down,  using  or  occupying  said  rail- 


i I9I] 


BLUE  ISLAND  RAILROAD  COMPANY. 


m 


road  track  or  tracks  within  said  village,  and  conditioned  also  for  the 
payment  of  all  damages  which  may  arise  to  the  said  village  of  Hyde 
Park,  and  to  any  person  or  persons  whomsoever  by  reason  of  said 
company  constructing,  laying  down,  maintaining,  using  and  occupying 
said  railroad  track  or  tracks,  or  crossing  said  streets  or  alleys  within 
the  said  village  of  Hyde  Park. 


BLUE  ISLAND  RAILROAD  COMPANY. 

§191.  Blue  Island  Railroad  company. 

1.  Grant — route. 

2.  Supervision. 

*[[  3.  Bond — conditions. 

it  4.  Subject  to  laws  and  ordinances. 

5.  Acceptance — when  in  force — conditions. 

An  ordinance  granting  to  the  Blue  Island  Railroad  company  authority  to  con- 
struct, maintain  and  operate  a railroad  in  the  city  of  Chicago.  (Passed  luly 

20,  1891.  Accepted  August  19.  1891.) 

If  1.  Grant  — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  the  right  is  hereby  granted  to  the  Blue 
Island  Railroad  Company,  its  lessees,  successors  and  assigns,  to  con- 
struct, maintain  and  operate  a railroad  with  two  or  more  main  tracks 
and  the  necessary  side  or  connecting  tracks,  turnouts,  switches  and  ap- 
purtenances, in,  upon  and  along  one  hundred  and  twenty-first  street, 
from  the  east  line  of  Michigan  avenue  to  the  west  line  of  the  east  half 
(E.  y2)  of  the  northeast  quarter  (N.  E.  of  section  twenty-eight  (28), 
township  thirty-seven  (37)  north,  range  fourteen  (14)  east  of  the  third 
principal  meridian  and,  also,  upon  and  across  such  lands  as  said  com- 
pany shall  hereafter  by  purchase  acquire,  or  upon  or  over  which  it 
may  acquire  a right  of  way. 

1"  2.  Supervision.]  § 2.  The  said  company  shall  be  subject  to 
the  supervision  of  the  department  of  public  works  of  said  city  in  the 
construction  of  said  tracks. 

IT  3.  Bond  — conditions.]  § 3.  Before  exercising  any  of  the 
rights  hereby  granted,  the  said  Blue  Island  Railroad  Company  shall 
execute  to  the  city  of  Chicago  a bond  in  the  penal  sum  of  five  (5)  thou- 
sand dollars,  to  be  approved  by  the  mayor  and  comptroller,  condi- 
tioned that  said  company  shall  and  will  forever  indemnify  and  save 
harmless  the  said  city  of  Chicago  against  and  from  any  and  all  dam- 
ages, judgments,  decrees,  costs  and  expenses  of  the  same  which  said 
city  may  suffer  or  which  may  be  recovered  or  obtained  against  said  city 
for  or  by  reason  of  or  growing  out  of  or  resulting  from  the  passage  of 
this  ordinance,  or  from  any  act  or  acts  of  said  company  under  or  by 


394 


RAILROADS. 


[§  J9I 


virtue  of  the  privileges  of  this  ordinance;  Provided,  however,  that  the 
said  bond  shall  not  be  construed  to  limit  the  liability  of  said  company 
to  five  (5)  thousand  dollars,  but  the  said  company  shall  be  liable 
to  the  full  extent  of  every  liability  it  may  legally  incur,  notwithstanding 
the  amount  thereof  may,  exceed  five  (5)  thousand  dollars.  And, 
it  is  hereby  further  provided  that  upon  the  recovery  of  any  final  judg- 
ment or  judgments  against  the  said  city,  as  aforesaid,  the  said  com- 
pany shall  immediately  and  without  prior  payment  of  such  judgment 
or  judgments  by  said  city  be  liable  to  pay  and  shall  pay  the  amount  or 
amounts  thereof  to  the  said  city,  and  the  fact  that  the  said  city  may  not 
have  paid  such  judgment  or  judgments  shall  constitute  no  defense  on 
the  part  of  said  company. 

T 4.  Subject  to  laws  and  ordinances.]  § 4.  The  privileges 
and  rights  herein  granted  shall  be  subject  to  all  laws  and  ordinances 
governing  railroads  now  in  force  or  which  shall  hereafter  be  passed 
by  the  legislature  of  this  state  or  by  the  city  council. 

1 5.  Acceptance— when  in  force— conditions.]  § 5.  This 

ordinance  shall  not  take  effect  unless  on  acceptance  thereof  by  the  Blue 
Island  Railroad  Company  and  the  bond  hereinbefore  provided  for 
shall  be  filed  with  the  city  clerk  within  thirty  (30)  days  from  the  pas- 
sage hereof,  and  two  of  said  railroad  tracks  shall  be  laid  and  the  other 
work  which  is  to  be  done  under  this  ordinance  by  said  company  shall 
be  done  and  completed  within  one  year  from  the  passage  hereof,  un- 
less delayed  by  injunction  or  other  cause  beyond  the  control  of  said 
company;  provided  the  same  is  not  collusive;  otherwise  the  permission 
hereby  granted  shall  be  forfeited. 


BRIDGEPORT  & SOUTH  CHICAGO  RAILROAD  COMPANY. 

§191.  Bridgeport  & South  Chicago  Railroad  company. 

*[[  1.  Grant — route. 

IT  2.  Indemnity. 

3.  Compensation  to  city. 

If  4.  When  in  force — acceptance. 

An  ordinance  concerning  the  Bridgeport  & South  Chicago  Railroad  company. 
(Passed  November  12,  1887.) 

IT  1.  Grant  — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Cicero:  § 1.  That  permission  and  authority  be  and  the 
same  are  hereby  granted  to  the  Bridgeport  and  South  Chicago  Railroad 
Company,  its  successors  or  assigns,  to  lay  down,  maintain  and  oper- 
ate a railroad  with  one  single  track  over  property  which  said  railroad 
company  may  hereafter  own  or  control  and  in,  along  and  upon  Egan 


§ 192]  1 BRIDGEPORT  & SOUTH  CHICAGO  RAILROAD  COMPANY. 


395 


avenue,  otherwise  called  Thirty-ninth  street,  in  the  town  of  Cicero,  from 
the  east  limits  of  said  town  of  Cicero,  westerly  to  the  west  line  of  Craw- 
ford avenue,  with  the  right  to  cross  all  necessary  streets,  alleys  and  pub- 
lic places  and  the  right  to  form  connections  with  other  railroads  upon 
property  which  said  company  may  hereafter  own  or  control. 

1"  2.  Indemnity.]  § 2.  Said  railroad  company  shall  save  and 
keep  harmless  the  town  of  Cicero  from  any  and  all  damages  that  may 
arise  by  reason  of  the  construction  or  operation  of  said  road. 

1 3.  Compensation  to  city.]  § 3.  The  rights  and  privileges 
hereby  given  and  granted,  are  given  and  granted  upon  the  further 
express  condition  that  the  said  company,  its  successors  and  assigns, 
shall  for  six  years  annually,  on  or  before  the  first  day  of  January  in 
each  year  pay  into  the  treasury  of  the  town  of  Cicero,  the  sum  of  five 
hundred  dollars;  the  first  payment  to  be  made  on  the  acceptance  of 
this  ordinance  by  the  said  company  and  the  total  sum  not  to  exceed 
the  sum  of  three  thousand  dollars ; and  this  section  shall  be  binding  and 
obligatory  on  said  company,  whether  the  territory  mentioned  in  the 
first  section  hereof  remains  within  the  limits  of  the  said  town  or  not. 

1 4.  When  in  force  — acceptance.]  § 4.  This  ordinance 
shall  be  in  full  force  and  effect  from  and  after  its  passage,  and  after 
the  filing  of  a written  acceptance  of  the  same  with  the  clerk  of  the  town 
of  Cicero. 

Note. — See  following  repealing  ordinance. 

§ 192.  Bridgeport  & South  Chicago  Railroad  company. 

IF  1.  Repeal  of  foregoing  ordinance. 

■ft  2.  Refund  of  money. 

IT  3.  When  in  force. 

An  ordinance  repealing  an  ordinance  entitled  “An  Ordinance  concerning  the 

Bridgeport  & South  Chicago  Railroad  company,’’  passed  November  12,  1887. 

(Passed  April  21,  1888.) 

1 1.  Repeal  of  foregoing  ordinance.]  Be  it  ordained  by  the 
board  of  trustees  of  the  town  of  Cicero:  § 1.  That  an  ordinance  en- 
titled, “An  ordinance  concerning  the  Bridgeport  and  South  Chicago 
Railroad  Company,”  passed  by  this  board  on  the  12th  day  of  Novem- 
ber, A.  D.  1887,  and  granting  to  said  company  the  permission  to  lay 
down  and  operate  a single  track  railroad  in,  along  and  upon  Egan 
avenue,  otherwise  called  Thirty-ninth  street,  be,  and  the  same  is,  hereby 
repealed. 

1"  2.  Refund  of  money.]  § 2.  That  a warrant  be  drawn  on 
the  treasury  of  the  town  payable  to  said  company  for  the  sum  of  five 
hundred  dollars,  for  the  purpose  of  refunding  to  said  company  the  said 
sum  by  it  paid  into  the  treasury  of  the  town  at  the  time  of  its  accept- 
ance of  said  ordinance. 

3.  When  in  force.]  § 3.  That  this  ordinance  take  effect 
and  be  in  force  from  and  after  its  passage. 


396 


RAILROADS. 


[§  *93 


CALUMET  & BLUE  ISLAND  RAILWAY  COMPANY. 

§ 193.  Calumet  & Blue  Island  Railway  company. 

*TT  i*  Grant — four  tracks — routes. 

it  2.  Limitation  of  number  and  width  of  tracks — track  elevation, 
it  3-  Crossings — grade — sidewalks — flagmen — lights, 
it  4.  Motive  power. 

it  5.  Private  telegraph  lines — use  by  city, 
it  6.  Construction — supervision — permits — indemnity, 
it  7.  Land  with  riparian  rights  conveyed  to  city, 
it  8.  Indemnity  clause — bond. 

' it  9.  Subways  or  overhead  passageways. 

1[  10.  Terms  enure,  etc.,  to  successors,  etc. 
it  n.  When  in  force — acceptance — deed. 

An  ordinance  granting  permission  and  authority  to  the  Calumet  & Blue  Island 
Railway  company  to  construct,  maintain  and  operate  a railroad.  (Passed 
July  1,  1895.  Accepted  July  12,  1895.  Deed  executed  July  11,  1895.  Pre- 
sented to  council  July  15,  1895,  and  ordered  published  and  placed  on  file.) 

T 1.  Grant — four  tracks — width — routes.]  Be  it  ordained  by 

the  city  council  of  the  city  of  Chicago:  § 1.  That,  subject  to  the  pro- 

visions of  this  ordinance,  permission  and  authority  are  hereby  granted 
to  the  Calumet  and  Blue  Island  Railway  Company,  its  lessees, 
grantees,  successors  and  assigns,  to  construct,  maintain  and  operate 
a railroad,  with  one  or  more  main  tracks,  not  exceeding  four  in  num- 
ber, and  not  occupying  more  than  sixty-four  feet  of  space  in  width, 
and  with  all  necessary  side  tracks,  turn-outs,  switches  and  appurte- 
nances, over,  upon  and  along  any  lands  which  it  now  holds  or  has  ac- 
quired the  right  to  lay  railroad  tracks  upon,  or  which  it  may  hereafter 
acquire  by  purchase,  lease,  condemnation  or  otherwise,  and  over  and 
across  all  intervening  streets,  alleys  and  public  grounds,  along  and 
upon  the  following  three  routes  in  the  city  of  Chicago,  that  is  to  say: 
The  first  route  to  begin  at  the  existing  tracks  of  the  Calumet  and 
Blue  Island  Railway  Company,  upon  the  north  side  of  the  Calumet 
river;  thence  crossing  the  Calumet  river,  as  authorized  by  the  United 
States  government,  and  proceeding  in  a generally  southeasterly  direc- 
tion through  Taylor’s  second  addition  to  South  Chicago  and  east  of 
Ewing  avenue  to  Ninety-sixth  street;  thence  continuing  on  the  same 
course  and  turning  south  between  Seventh  avenue  and  Eighth  avenue, 
and  proceeding  through  Taylor’s  second  addition  and  through  Tay- 
lor’s first  addition  to  a point  south  of  One  Hundredth  street,  north  of 
the  right  of  way  of  the  Baltimore  and  Ohio  Railway  as  now  located 
and  used ; and  thence  proceeding  southeasterly  parallel  with  the  tracks 
of  the  Baltimore  and  Ohio  Railway  Company  to  a point  on  the  east 
limit  of  the  city  of  Chicago  between  the  right  of  way  of  the  Baltimore 
and  Ohio  Railway  and  the  shore  of  Lake  Michigan. 

The  second  route  to  begin  at  a point  on  the  tracks  of  the  Calumet 
and  Blue  Island  Railway  in  the  first  route  as  above  authorized,  south 
of  One  Hundredth  street  and  west  of  Eighth  avenue;  thence  proceed- 
ing in  a southerly  direction  to  a point  between  One  Hundred  and 


T93] 


CALUMET  & BLUE  ISLAND  RAILWAY  COMPANY. 


397 


First  street  and  One  Hundred  and  Second  street;  thence  proceeding 
southwesterly,  westerly  and  southwesterly  again  and  across  One  Hun- 
dred and  Second  street  to  a point  east  of  the  Calumet  river  and  west  of 
the  west  line  of  section  eight,  township  thirty-seven  north,  range  fif- 
teen, east  of  the  third  principal  meridian;  thence  proceeding  in  a south- 
erly direction  through  sections  seven,  eighteen  and  nineteen  and  a 
part  of  section  thirty,  all  in  said  town'ship  and  range  east  of  the  Calu- 
met river,  and  not  more  than  five  hundred  feet  east  of  the  tracks  now 
used  by  the  Pennsylvania  railroad,  and  extending  through  said  sec- 
tions to  a point  in  the  south  half  of  said  section  thirty;  and  thence 
proceeding  southwesterly  through  a part  of  section  thirty-one  in  said 
township  range  to  a point  on  the  south  limit  of  the  city  of  Chicago 
on  the  south  line  of  section  thirty-six  in  range  fourteen,  east  of  the 
third  principal  meridian  in  the  township  aforesaid. 

The  third  route  to  begin  at  the  east  line  of  the  right  of  way  of  the 
Chicago,  St.  Louis  and  Pittsburg  Railroad  Company  at  or  near 
Leavitt  street,  between  the  south  line  of  Seventy-fourth  street  and  the 
north  line  of  the  right  of  way  of  the  Belt  Railway  Company  of  Chi- 
cago north  of  Seventy-fifth  street;  thence  proceeding  westerly  between 
the  south  line  of  Seventy-fourth  street  and  the  north  line  of  Seventy- 
fifth  street,  and  substantially  parallel  with  said  streets  to  a point  on  the 
present  western  limit  of  the  city  of  Chicago  between  said  streets. 

The  streets  and  avenues  named  in  the  above  mentioned  first  and 
second  routes  are  intended  to  be  those  which  are  so  named  in  the  re- 
corded plat  of  Taylor’s  second  addition  to  South  Chicago  and  in  the 
recorded  plat  of  the  re-subdivision  of  all  of  that  part  of  Taylor’s  first 
addition  to  South  Chicago  lying  east  of  the  west  twenty  chains  thereof. 

If  2.  Limitation  of  number  and  width  of  tracks— track  ele- 
vation.] § 2.  Said  company  shall  not  construct,  maintain  and  oper- 
ate more  than  four  main  railway  tracks  along  any  one  of  the  routes 
above  mentioned,  and  it  shah  not,  within  four  years  from  the  date  of 
the  passage  of  this  ordinance,  nor  thereafter  until  the  necessities  of  its 
business  shall  so  require,  construct,  maintain  and  operate  more  than 
two  main  tracks  upon  either  the  first  route  or  the  second  route  above 
mentioned.  At  no  time  shall  the  main  tracks  authorized  by  this  ordi- 
nance, whether  four  or  less,  occupy  more  than  an  extreme  width  of 
more  than  sixty-four  feet  between  the  outermost  limits  of  its  right  of 
way.  No  side  tracks,  turn-outs,  or  railroad  structures,  other  than  said 
main  tracks,  shall  be  constructed  by  said  company  in  or  across  any 
existing  street,  alley  or  public  ground  without  the  express  permission 
granted  by  ordinance  by  the  city  council  of  the  city  of  Chicago,  previ- 
ously obtained  in  each  and  every  instance  therefor.  Any  or  all  rail- 
way tracks  owned  by  the  said  railway  company,  its  lessees,  grantees, 
successors  and  assigns,  whether  constructed  under  this  ordinance  or 
otherwise,  shall  hereafter  be  elevated  at  the  entire  expense  of  said  com- 
pany, its  lessee's,  grantees,  successors  and  assigns,  to  such  height  and 


/ 

398  RAILROADS.  [§  1 93 

according  to  such  plans  and  requirements  as  the  city  council  of  the 
city  of  Chicago  may  at  any  time  by  ordinance  prescribe.  The  tracks 
between  said  points  above  mentioned  upon  said  first  and  second  routes 
shall  be  used  solely  for  the  movement  of  railway  trains  and  cars,  and 
no  cars  or  locomotives  shall  at  any  time  be  stored  thereon  at  or  be- 
tween said  points. 

If  3.  Crossings — grade — sidewalks — flagmen — lights.]  § 3. 

Wherever  any  of  said  railway  tracks  shall  cross  a street  or  alley  such 
railway  tracks  shall  be  made  to  conform  to  the  established  city  grade, 
and  the  space  between  the  tracks  and  for  a reasonable  distance  upon 
the  outside  of  the  outer  tracks  shall  be  planked  or  paved  by  the  said 
company,  and  wherever  said  tracks  cross  any  sidewalk  the  company 
shall  keep  the  portions  of  such  sidewalk  crossing  its  right  of  way  in 
good  repair  and  in  safe  condition  at  its  own  expense;  and  when  new 
sidewalks  are  ordered  by  the  city  council  of  said  city  said  company 
shall  construct  the  like  portions  of  such  new  sidewalk  as  ordered.  If 
and  whenever  the  said  company  shall  neglect  or  refuse  to  repair  any 
sidewalk  or  to  construct  a new  sidewalk  when  ordered  as  aforesaid, 
the  said  city  may  cause  the  work  to  be  done,  and  the  said  company 
shall  be  liable  to  said  city  for  the  cost  of  the  work,  and  shall  also  be 
liable  for  all  damages  which  may  be  occasioned  to  persons  or  property 
by  reason  of  its  neglect  or  failure  or  by  reason  of  any  work  so  per- 
formed by  said  city.  Wherever  any  of  the  tracks  of  said  railway  com- 
pany shall  cross  a street  or  alley,  the  said  railway  company  shall,  at 
its  own  expense,  place  and  maintain  flagmen,  or  proper  gates  or  both, 
for  the  protection  of  the  public,  as  may  be  required  by  the  city  council 
of  said  city,  and  said  railway  company  shall  also  light,  as  like  authori- 
ty may  require,  all  grade  crossings  of  its  tracks  over  streets  and  alleys. 

Tf  4.  Motive  power.]  § 4.  Cars  may  be  run  over  and  along 
the  railroad  tracks  herein  authorized,  with  steam  or  such  other  mo- 
tive power  as  the  said  railway  company,  its  lessees,  grantees,  success- 
ors or  assigns  may  deem  best,  but  this  section  shall  not  be  construed 
as  authorizing  said  company  to  construct,  maintain  or  operate  what  is 
commonly  known  as  a horse  railroad,  transporting  passengers  to  and 
fro  within  the  city  of  Chicago. 

1 5.  Private  telegraph  line — use  by  city.]  § 5.  Subject  to 
the  provisions  of  this  ordinance  permission  and  authority  are  also 
granted  to  said  railway  company,  its  lessees,  grantees,  successors  and 
assigns  to  construct,  maintain  and  operate  for  its  or  their  exclusive 
benefit  a line  of  telegraph,  either  underground  or  upon  poles  in  the 
customary  manner  within  its  right  of  way  along  the  railway  lines  de- 
scribed in  the  first  section  of  this  ordinance;  Provided,  however,  that 
the  said  city  of  Chicago  shall  have  the  right  to  use  any  of  said  railway 
company’s  conduits  or  telegraph  poles  for  the  carrying  of  any  wires 
desired  by  said  city  for  the  police  or  fire  departments,  without  any  ex- 


193] 


CALUMET  & BLUE  ISLAND  RAILWAY  COMPANY. 


399 


pense  to  the  said  city  for  such  privilege  other  than  the  cost  of  laying 
or  stringing  the  said  wires. 

If  6.  Construction— supervision— permits— indemnity.]  § 6. 

The  construction  of  all  railway  tracks  and  of  the  telegraph  line  au- 
thorized by  this  ordinance,  and  the  repairing  of  so  much  of  said  tracks 
and  of  said  telegraph  line  as  may  at  any  time  be  in  or  over  any  street 
or  alley  of  the  city  of  Chicago  shall  be  subject  to  the  supervision  of 
the  department  of  public  works  of  said  city,  and  no  work  or  such  con- 
struction shall  be  undertaken  until  after  a permit  therefor  shall  have 
been  duly  obtained  from  said  department.  In  the  exercise  of  the  rights 
and  privileges  granted  by  this  ordinance,  the  said  company  shall,  as 
to  all  said  railway  tracks,  be  subject  to  all  general  ordinances  of  the 
city  of  Chicago  in  force  from  time  to  time  regulating  or  relating  to  the 
maintenance  or  operation  of  railways,  and  shall  as  to  said  telegraph 
line  be  likewise  subject  to  all  general  ordinances  of  said  city  in  force 
from  time  to  time  regulating  or  relating  to  the  maintenance  or  oper- 
ation of  telegraph  lines.  The  said  railway  company  shall  be  liable 
to  the  city  of  Chicago  for  any  and  all  damages  occasioned  to  any 
street,  alley,  sewer,  water  pipe  or  other  property  of  said  city  result- 
ing in  any  way  from  the  construction,  maintenance  or  operation  of 
any  railway  tracks  or  structure,  or  the  telegraph  line,  or  any  portion 
thereof  authorized  by  this  ordinance;  and  it  shall  also  indemnify  and 
protect  the  city  of  Chicago  against  any  and  all  damages,  liabilities  and 
expenses  of  every  kind  which  may  be  recovered  or  established  against 
said  city,  and  resulting  in  any  way,  directly  or  indirectly,  from  the  pas- 
sage of  this  ordinance,  or  from  the  exercise  by  said  railway  company 
of  the  rights  and  privileges  granted  by  this  ordinance. 

If  7.  Land  with  riparian  rights  conveyed  to  city.]  § 7. 
Concurrently  with  its  acceptance  of  this  ordinance,  said  railway  com- 
pany shall  execute  and  deliver  to  the  city  of  Chicago  a proper  instru- 
ment in  writing,  effectual  in  law,  to  make  a present  conveyance  to 
said  city  of  a strip  of  ground  one  foot  in  width  between  Ninety-fifth 
street  and  Ninety-eighth  street  from  north  to  south  along  the  easterly 
side  of  each  and  every  extreme  easterly  lot,  piece  or  parcel  of  ground 
now  owned  by  it  east  of  the  first  route  above  mentioned,  together 
with  all  rights  and  privileges  incident  thereto,  including  particularly 
whatever  riparian  rights  in  connection  with  the  water  of  Lake  Michi- 
gan and  the  submerged  lands  thereunder  may  attach  to  said  strip,  and 
effectual  also  to  work  a conveyance  to  said  city  of  a similar  strip  of 
ground  one  foot  in  width  from  north  to  south  along  the  easterly  side 
of  each  and  every  extreme  easterly  lot,  piece  or  particle  of  ground 
which  may  at  any  time  hereafter  be  acquired  by  said  railway  company, 
its  lessees,  grantees,  successors  or  assigns  between  said  streets  east 
of  said  first  route,  together  with  all  rights  and  privileges  incident  there- 
to, and  particularly  all  riparian  rights.  If  said  railway  company  or  any 
other  corporation  or  individual  shall  hereafter  acquire  by  purchase, 


400 


RAILROADS. 


lease,  or  otherwise,  the  control  of  land  with  riparian  rights  attaching 
thereto  east  of  said  first  route,  the  corporation  or  individual  so  ac- 
quiring such  control  of  riparian  rights  shall  not  be  allowed  to  operate 
trains  over  the  railway  tracks  along  any  part  of  said  first  route,  or  in 
any  manner  to  use  any  of  said  tracks,  until  it  or  he  shall  have  caused 
to  be  made  a conveyance  which  shall  be  accepted  by  the  mayor  and 
the  corporation  counsel  of  the  city  of  Chicago  as  effectual  to  grant 
to  said  city  a similar  strip  of  ground  one  foot  in  width  extending 
from  north  to  south  along  the  easterly  side  of  the  extreme  easterly 
lot,  piece  or  parcel  of  land  so  acquired,  with  all  the  rights  incident  to 
such  strip,  including  particularly  all  riparian  rights,  or  shall  other- 
wise have  transferred  to  the  city  of  Chicago  in  some  proper  manner 
acceptable  to  the  city  council  of  said  city  all  its  or  his  riparian  rights 
east  of  the  said  first  route.  Upon  and  after  the  making  of  a convey- 
ance by  said  railway  company,  or  any  future  grantor,  of  any  such 
strip  or  strips  of  land  as  herein  required,  said  railway  company,  or 
such  future  grantor,  shall  be  permitted  to  remain  in  the  occupation 
and  use  of  said  land,  excluding  and  excepting  however  all  riparian 
rights  thereto  attached,  so  long  as  the  rights  and  privileges  conferred 
by  this  ordinance  in  respect  to  said  first  route  shall  continue;  and 
upon  the  determination  of  said  rights  and  privileges,  the  title  to  all 
such  strips  of  land  so  conveyed  shall  revert  to  their  respective  grant- 
ors, their  successors  and  assigns.  No  corporation  or  individual  at 
any  time  owning,  possessing  or  controlling  any  riparian  rights  along 
Lake  Michigan  between  the  mouth  of  the  Calumet  river  and  the 
boundary  line  of  the  state  of  Indiana  shall  be  allowed  to  operate  in 
any  way,  directly  or  indirectly,  through  lease,  trackage  privileges  or 
otherwise,  any  of  the  said  tracks  comprising  the  first  route  above 
mentioned. 

IT  8.  Indemnity  clause — bond.]  § 8.  Said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees,  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recoverable  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  it,  or  for  or  by  reason  or  growing  out  of,  or 
resulting  from  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance,  and 
said  company  shall,  within  the  time  limited  for  the  acceptance  of  this 
ordinance,  file  with  the  city  clerk  a bond  to  the  city  of  Chicago  in  the 
penal  sum  of  fifty  thousand  (50,000)  dollars,  with  sureties  to  be  ap- 
proved by  the  mayor  of  the  city  of  Chicago,  conditioned  upon  the 
faithful  performance  and  observance  by  said  company  of  all  the  con- 
ditions and  provisions  of  this  ordinance. 

% 9.  Subways  or  overhead  passageways.]  § 9.  The  said 
railway  company  shall  construct  and  maintain  in  good  order,  at  its 


1 94] 


CALUMET  RIVER  RAILWAY  COMPANY. 


401 


own  expense,  either  subways  or  overhead  foot  passage  ways  at  Nine- 
ty-sixth and  Ninety-eighth  streets,  whichever  shall  be  determined 
upon  by  the  mayor  and  commissioner  of  public  works,  and  of  such  de- 
sign, material  and  character  as  shall  be  approved  by  the  commissioner 
of  public  works,  and  the  same  shall  be  constructed  under  his  super- 
vision and  direction. 

1 10.  Terms  enure,  etc.,  to  successors,  etc.]  § io.  All  the 

conditions,  restrictions,  obligations  and  limitations  of  this  ordinance 
shall  extend  to  and  be  binding  upon  the  lessees,  grantees,  successors 
and  assigns  of  said  railway  company. 

T 11.  When  in  force— acceptance— deed.]  § n.  This  ordi- 
nance shall  not  take  effect  but  shall  cease  and  become  void  unless  an 
acceptance  hereof  by  the  said  railway  company  shall  be  filed  with  the 
city  clerk  of  the  city  of  Chicago  within  thirty  days  of  the  passage 
hereof,  and  unless  also  within  the  same  time  a proper  deed  as  re- 
quired by  section  8 hereof  shall  be  likewise  delivered  to  said  clerk. 


CALUMET  RIVER  RAILWAY  COMPANY. 

§ 194.  Calumet  River  Railway  company. 

% 1.  Grant — motive  power — route. 

2.  Authority  to  cross  streets — route  continued. 

3.  Maintain  street  crossings. 

^ 4.  Conditions — bond. 

An  ordinance  granting  permission  to  the  Calumet  River  Railway  company  to 
lay  down  and  maintain  a railway  in  the  village  of  Hyde  Park.  (Passed  and 
approved  April,  1883.) 

1"  1.  Grant — motive  power — route.]  Be  it  ordained  by  the 

president  and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1. 

That  permission  be  and  is  hereby  granted  to  the  Calumet  River  Rail- 
way Company,  its  successors  and  assigns,  to  construct,  lay  down  and 
forever  maintain  and  operate  with  steam  power,  one  or  more  railroad 
tracks  with  all  necessary  branches,  sidetracks,  switches  and  turnouts; 
commencing  at  a point  to  be  hereafter  designated  by  said  company  near 
the  present  works  of  the  North  Chicago  Rolling  Mill  Company,  in 
fractional  section  five  (5),  township  thirty-seven  (37)  north,  range  fif- 
teen (15),  east  third  principal  meridian,  on  the  north  side  of  the  Calu- 
met river;  thence  across  said  river  in  said  fractional  section  in  a 
southerly  direction  to  the  line  of  Thornton  township,  passing  through 
in  whole  or  in  part  sections  five  (5),  six  (6),  seven  (7),  eight  (8),  seven- 
teen (17),  eighteen  (18),  nineteen  (19),  twenty  (20),  twenty-nine  (29), 
thirty  (30),  thirty-one  (31),  thirty-two  (32),  or  any  or  either  of  them, 


402  RAILROADS.  [§  1 95 

all  iii  township  thirty-seven,  range  fifteen,  east  third  principal  meri- 
dian. 

T 2.  Authority  to  cross  streets — route  continued.]  § 2. 

That  said  company  may  cross  with  its  said  tracks,  branches,  sidetracks, 
switches  and  turn-outs,  all  intervening  streets  and  alleys  within  the 
boundaries  stated  in  section  1 of  this  ordinance,  and  may  construct, 
maintain  and  operate  a single  or  double  track,  upon  and  along  any 
street  running  north  and  south  between  avenue  “K”  extended  north 
and  south  and  the  Calumet  river. 

T 3.  Maintain  street  crossings,]  § 3.  The  said  company,  its  , 
successors  and  assigns,  shall  construct  and  keep  in  repair  suitable  and 
proper  crossings  over  its  tracks,  at  the  intersection  of  all  streets  and 
alleys. 

% 4.  Conditions — bond.]  § 4.  The  permission  and  right 
granted  by  this  ordinance  is  upon  the  express  condition,  that  said 
Calumet  River  Railway  Company,  its  successors  and  assigns,  shall 
forever  keep  and  save  harmless  the  said  village  of  Hyde  Park,  from  all 
and  every  claim  for  damages  consequent  upon  the  laying,  operating 
or  maintaining  said  road  or  any  part  of  the  same,  and  before  this  ordi- 
nance shall  take  effect,  the  said  company  shall  file  in  the  office  of  the 
clerk  of  the  village  a good  and  sufficient  bond,  with  sureties  to  be  ap- 
proved by  this  board,  in  the  penal  sum  of  fifty  thousand  dollars,  and 
if  the  board  of  trustees  shall  at  any  time  hereafter  deem  the  sureties 
upon  said  bond  insufficient,  or  the  said  bond  lacking  proper  form, 
the  said  company,  its  successors  and  assigns,  shall  upon  thirty  days’ 
notice  fully  remedy  such  insufficiency. 

Note. — An  ordinance  granting  permission  to  the  Calumet  River 
Railway  Company  to  lay  down  certain  tracks,  was  passed  and  ap- 
proved November  28,  1883;  but  such  ordinance  was  repealed  by  an- 
other ordinance,  passed  and  approved  January  19,  1884.  Book  4 of 
ordinances,  pp.  383-395,  398. 

§ 195.  Calumet  River  Railway  company. 

U t.  Route — restrictions. 

2.  Plat  of  location — beginning  and  completion  of  work — super- 
vision. 

'IT  3-  Viaducts. 

*i\  4.  Indemnity. 

M 5.  Side  tracks. 

IT  6.  Crossings — flagmen. 

M 7.  Compliance  with  ordinances — failure — forfeiture. 

8.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Calumet  River  Railway  company  to  lay 

down  and  operate  certain  tracks.  (Passed  and  approved  January  19,  1884. 

Accepted  February  16,  1884.) 

T 1.  Route— restrictions.]  Be  it  ordained  by  the  president 

and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  per- 

mission be  and  is  hereby  granted  to  the  Calumet  River  Railway  Com- 


§ r95] 


CALUMET  RIVER  RAILWAY  COMPANY. 


403 


pany,  its  successors  or  assigns,  to  construct,  lay  down  and  forever 
maintain  and  operate  with  steam  power  one  or  more  railroad  tracks, 
with  all  necessary  branches,  sidetracks,  switches  and  turn-outs;  com- 
mencing at  a point  on  the  line  of  the  right  of  way  of  the  Pittsburg, 
Fort  Wayne  & Chicago  Railway,  east  of  the  Calumet  river,  to  be  here- 
after designated  by  said  Calumet  River  Railway  Company  in  section 
six  (6),  town  thirty-seven  (37)  north,  range  fifteen  (15),  east  of  the  third 
principal  meridian;  thence  in  a southerly  direction  to  the  line  of 
Thornton  township,  passing  through  in  whole  or  in  part,  section(s) 
six,  seven,  eight,  seventeen,  eighteen,  nineteen,  twenty,  twenty-nine, 
thirty,  thirty-one  and  thirty-two,  or  any  or  either  of  them,  all  in  town- 
ship 37,  range  15,  east  of  the  third  principal  meridian,  and  between  the 
point  of  connection  with  the  right  of  way  of  the  Pittsburg,  Fort 
Wayne  & Chicago  Railway  and  106th  street;  said  line  of  railway  shall 
not  be  constructed  east  of  the  west  line  of  Avenue  “L”  extended  south 
to  106th  street,  and  within  said  territory.  Said  company  shall  not  oc- 
cupy lengthwise  any  streets  or  alleys  running  north  and  south  now 
dedicated  to  public  use. 

1 2.  Plat  of  location — beginning  and  completion  of  work — 
supervision.]  § 2.  That  said  company  may  cross  with  its  main 
tracks  any  of  the  intervening  streets  and  alleys  with  railroad  tracks 
within  the  boundary  stated  in  section  1 of. this  ordinance:  Provided, 
however,  that  before  constructing  its  railway,  said  company  shall  file 
a plat  showing  the  permanent  location  of  its  line  with  the  board  of 
public  works  of  said  village.  Said  location  shall  be  made  and  plat  filed 
on  or  before  Just  1st,  1884.  Work  on  the  construction  of  said  line 
shall  be  commenced  within  one  year,  and  said  railway  shall  be  com- 
pleted within  two  years  from  the  date  of  the  passage  of  this  ordinance, 
and  provided  further,  that  said  company  shall  be  subject  at  all  times 
to  the  reasonable  direction  of  the  department  of  public  works,  or  other 
proper  officer  of  said  village  in  the  construction  of  its  main  tracks 
with  reference  to  making  crossings  of  streets  and  alleys,  and  the  keep- 
ing in  repair  so  much  of  said  streets  and  alleys  as  may  be  occupied  by 
said  railway  company  with  its  tracks,  switches  and  turn-outs.  And 
under  the  like  direction  shall  also  construct  and  keep  in  good  order 
and  repair  all  culverts,  drains  and  ditches,  necessary  for  carrying  off 
the  water  on  both  sides  of  or  under  its  railroad  tracks  in  the  village 
of  Hyde  Park,  which  may  accumulate  by  reason  of  the  construction 
of  said  railway;  and  to  prevent  the  accumulation  of  water  by  reason 
of  the  construction  of  said  railway  in  said  village. 

T 3.  Viaducts.]  § 3.  The  permission,  authority  and  privi- 
leges hereby  granted  shall  be  upon  the  express  condition,  that  said 
railway  company  shall  erect  and  maintain  viaducts  over  any  of  its 
tracks,  upon  any  street  or  streets  of  said  village  which  may  be  crossed 
by  its  tracks,  whenever,  in  the  opinion  of  the  board  of  trustees,  the 
public  necessity  shall  require  it,  under  the  supervision  of  the  depart- 


404 


RAILROADS. 


ment  of  the  board  of  public  works,  or  other  proper  department  or  offi- 
cer of  said  village:  Provided,  however,  that  whenever  such  viaduct 

can  not  be  built  at  any  such  street  crossing  without  the  same  be  built 
over  the  track  or  tracks  of  some  other  company  or  companies,  then 
the  said  Calumet  River  Railway  Company  shall  only  be  obliged  to 
join  with  such  other  company  or  companies  in  the  construction  or 
maintenance  of  such  viaducts,  and  to  pay  its  fair  proportion  of  the 
cost  of  such  viaduct  or  viaducts.  And  if  such  other  railway  company 
or  companies  shall  not  join  in  the  erection  of  such  viaduct  or  viaducts, 
then,  when  the  proportion  of  such  other  company  or  companies  shall 
be  otherwise  provided,  the  said  Calumet  River  Railway  Company 
shall  pay  its  fair  proportion  of  the  cost  of  any  such  viaducts. 

If  4.  Indemnity.]  § 4.  The  permission  and  authority  hereby 
granted  shall  be  upon  the  further  express  condition,  that  said  Calumet 
River  Railway  Company  shall  and  will  forever  indemnify  and  save 
harmless  the  village  of  Hyde  Park,  against  all  and  any  damages,  judg- 
ments, decrees  and  cost  and  expenses  of  the  same,  which  it  may  suffer, 
or  which  may  be  recovered  or  maintained  against  the  said  village  for 
or  by  reason  of  the  granting  of  such  privileges  and  authority,  or  for 
or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or 
through  any  act  or  acts  of  said  company  under  or  by  virtue  of  the 
privileges  of  this  ordinance. 

T 5.  Side  tracks,]  § 5.  The  permission  and  authority  hereby 
granted,  shall  be  upon  the  further  express  condition,  that  said  rail- 
way company  shall  permit  any  person  or  persons,  duly  authorized  by 
ordinance  of  said  village  to  construct  sidetracks  and  connect  the  same 
with  any  track  or  tracks  of  said  railway  company  within  the  limits  of 
said  village,  for  the  purpose  of  having  cars  conveyed  between  the  rail- 
road of  said  railway  company  and  any  warehouse,  lumber  yard,  coal 
yard  or  manufactory,  situated  within  one  thousand  feet  thereof,  and 
upon  reasonable  compensation  being  made  therefor.  The  said  Calu- 
met River  Railway  Company  shall  transport,  or  permit  the  owners  or 
lessees  of  any  such  sidetrack  to  transport  cars  to  and  from  any  such 
warehouse,  lumber  yards,  coal  yard  or  manufactory  and  the  said  rail- 
road of  the  said  Calumet  River  Railway  Company:  Provided,  how- 

ever, that  any  cars  so  taken  shall  be  returned  without  any  unneces- 
sary delay. 

• 1"  6.  Crossings  - flagmen.]  § 6.  Said  railway  company  shall 
also,  when  required  by  and  under  the  direction  of  the  board  of  public 
works,  build  and  maintain  all  crossings  and  sidewalks  across  its  rail- 
way tracks,  and  shall  keep  a flagman,  or  shall  construct  or  maintain 
gates,  at  such  crossings  as  shall  be  required  by  the  board  of  trustees 
of  said  village. 


§ 196]  CALUMET  RIVER  RAILWAY  COMPANY.  405 

1"  7.  Compliance  with  ordinances  failure — forfeiture.]  § 7. 

The  privileges  hereby  granted  said  railway  company  are  upon  the 
further  express  condition,  that  said  company  shall  be  subject  to  all 
general  ordinances  now  in  force,  or  which  may  hereafter  be  passed 
concerning  railroads,  and  a willful  and  continued  failure  on  the  part 
of  said  company  to  comply  with  the  provisions  hereof,  or  the  provi- 
sions of  any  such  general  ordinance(s)  now  in  force,  or  which  may 
hereafter  be  passed,  shall  work  a forfeiture  of  the  rights  and  privileges 
granted  by  this  ordinance.  In  which  event  the  trustees  of  said  village 
may,  by  giving  thirty  days’  notice  in  writing,  to  the  superintendent  in 
charge  of  such  railway,  require  the  track  or  tracks  laid  under  the  pro- 
visons  hereof,  to  be  taken  up,  and  upon  a failure  of  said  company  to 
comply  with  the  requirements  of  such  notice,  its  said  tracks  may  be 
removed  at  the  expense  of  said  company. 

T 8.  When  in  force — acceptance.]  § 8.  This  ordinance 
shall  be  in  force  only  from  and  after  the  written  acceptance  of  the 
same  by  the  said  Calumet  River  Railway  Company,  duly  executed 
and  filed  with  the  village  clerk;  and  unless  such  acceptance  be  so 
filed  within  thirty  days  from  the  date  of  the  passage  hereof,  this  ordi- 
nance shall  be  null  and  void. 

Note. — See  following  ordinance. 

§ 196.  Calumet  River  Railway  company. 

IT  1.  Preamble. 

•jt  2.  Route — fence. 

3.  When  in  force. 

An  ordinance  granting  rights  to  the  Calumet  River  Railway  company.  (Passed 

and  approved  September  27,  1886.  Accepted  November  15,  1886.) 

T 1.  Preamble.]  Whereas  by  the  terms  of  section  1 of  an  or- 
dinance entitled  “An  ordinance  granting  permission  to  the  Calumet 
River  Railway  Company  to  lay  down  and  operate  certain  tracks,” 
passed  January  19,  1884,  said  company  is  prohibited  from  occupying 
lengthwise  any  streets  or  alleys  within  the  territory  in  said  ordinance 
named:  and  whereas,  the  said  company  desires  to  occupy  lengthwise 
with  its  tracks  a portion  of  Second  avenue,  in  Taylor’s  first  addition  to 
South  Chicago,  which  said  avenue  is  now  occupied  by  railroad  tracks, 
and  the  owners  of  property,  representing  more  than  two-thirds  of  the 
frontage  on  said  avenue,  have  consented  to  said  use  by  said  Calumet 
River  Railway  Company. 

1 2.  Route — fence.]  Be  it  ordained  by  the  president  and 

board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission 

be  and  is  hereby  granted  to  the  Calumet  River  Railway  Company,  its 
successors  or  assigns,  subject  to  the  other  provisions  of  said  ordinance, 
to  occupy  with  its  railway  tracks  the  west  forty  feet  of  Second  avenue 
in  Taylor’s  first  addition  to  South  Chicago,  between  the  point  of  inter- 
section of  said  avenue  with  the  Pittsburg,  Fort  Wayne  & Chicago 


406 


RAILROADS. 


[§  197 


Railway,  to  a point  four  hundred  feet  south  of  the  north  line  of  100th 
street:  Provided,  however,  that  said  railway  company  shall  erect  and 
maintain  under  the  direction  of  the  superintendent  of  public  works,  in 
the  center  of  said  avenue,  within  the  territory  aforesaid,  excepting  at 
points  of  intersection  with  other  streets,  a light  board  fence  at  least 
eight  feet  high,  and  shall  place  the  east  forty  feet  of  said  avenue,  for 
the  same  distance,  in  good  passable  condition  immediately  upon  the 
occupation  of  said  street  as  aforesaid. 

T 3.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CHICAGO  ALTON*  RAILROAD  COMPANY. 

§ 197.  Chicago  & Alton  Railroad  company. 

< 1.  Grant — district — crossings — depots, 

it  2.  Entrance — terminus — term  of  grant — use  of  streets. 

IT  3.  Motive  power — speed. 

*[]  4.  Bond — conditions. 

An  ordinance  in  relation  to  the  Chicago,  St.  Charles  & Mississippi  Air-line  rail- 
road. (Passed  April  11,  1853.) 

.1"  1.  Grant — district — crossings — depots.]  Be  it  ordained  by 

the  common  council  of  the  city  of  Chicago:  § 1.  That  permission 

be  and  is  hereby  granted  to  the  Chicago,  St.  Charles  and  Mississippi 
Air-line  Railroad  Company  to  construct,  in  the  west  division  of  said 
city,  one  or  more  railroad  tracks  upon  any  land  south  of  Madison 
street  or  north  of  Lake  street,  which  they  may  procure  by  purchase 
or  otherwise,  and  to  lay  down  said  track  or  tracks  across  any  street 
within  the  boundaries  aforesaid,  wherever  any  such  street  crosses  their 
intended  line  of  railroad,  and  also  to  construct  and  use  all  depots  which 
may  be  necessary  to  accommodate  the  business  of  said  company; 
Provided,  that  convenient  crossings  be  made  by  said  company  where 
the  said  track  crosses  the  line  of  streets,  and  sufficient  warning  tables 
be  erected  in  some  conspicuous  place  at  or  near  said  crossings;  said 
company  to  be  subject  to  all  laws  and  ordinances  that  are  now  in 
force  or  may  hereafter  be  passed  to  regulate  railroads  within  this  city. 

1 2.  Entrance  — terminus — term  of  grant — use  of  streets.] 
§ 2.  Said  company  may  also  introduce  their  road  into  said  city  on 
any  street  or  streets  in  the  west  division  of  the  said  city,  south  of  Polk 
street,  and  extend  the  same  to  the  south  branch  of  the  Chicago  river, 
or  on  any  street  or  streets  north  of  Fourth  street  (north  of  Kinzie 
street),  and  extend  the  same  to  the  north  branch  of  the  Chicago  river; 
and  may  occupy  so  much  of  said  street  or  streets  as  may  be  necessary 


§ 198]  CHICAGO,  ST.  CHARLES  & MISSISSIPPI  AIR-LINE  RAILROAD.  407 

for  the  purpose  of  constructing,  maintaining,  using  and  occupying  a 
single  railroad  track,  with  the  necessary  switches,  turn-tables  and 
turn-outs,  for  the  period  of  three  years;  Provided,  that’ said  company 
will  enter  into  a contract  with  the  city  of  Chicago  to  vacate  said  streets 
of  their  railroad  track  or  tracks  at  the  expiration  of  that  time,  and 
place  the  street  so  vacated  in  good  order  for  ordinary  travel,  subject 
to  the  approval  of  the  street  commissioner  and  aldermen  of  the  west 
division;  Provided,  the  space  occupied  by  said  road,  except  when 
turn-outs,  turn-tables  or  switches  occur,  does  not  exceed  ten  feet  in 
width  of  the  center  of  said  street  or  streets;  And  provided,  said  work 
be  so  constructed  that  carriages  may  pass  along  either  side  of  said 
road,  and  may  conveniently  cross  the  same. 

IF  3.  Motive  power  — speed.  ] § 3.  Said  company  may  run 

their  trains  by  locomotives,  within  the  limits  before  described  herein,  at 
a speed  not  exceeding  five  miles  per  hour,  subject  to  such  ordinances 
as  may  from  time  to  time  be  passed  by  the  common  council  of  said 
city,  establishing  and  regulating  speed  and  motive  power  within  said 
city. 

IF  4.  Bond  — conditions.]  § 4.  This  ordinance  shall  not  take 
effect  until  said  company  shall  have  entered  into  a bond  with  the  city 
of  Chicago,  conditioned  for  the  payment  of  all  damages  for  which  the 
said  city  may  become  liable  to  any  person  or  persons  by  reason  of  the 
said  road  entering  said  city,  or  by  reason  of  said  company  construct- 
ing, laying  down,  maintaining,  using  or  occupying  said  railroad  track 
or  tracks  within  said  city,  and  conditioned  also  for  the  payment  of  all 
damages  which  may  arise  to  the  said  city  of  Chicago  and  to  any  person 
or  persons,  whomsoever,  by  reason  of  said  company  constructing,  lay- 
ing down,  maintaining,  using  and  occupying  said  railroad  track  or 
tracks  within  said  city  of  Chicago. 


CHICAGO,  ST.  CHARLES  & MISSISSIPPI  AIR-LINE  RAIL- 
ROAD. 

§ 198.  Chicago,  St.  Charles  & Mississippi  Air-line  railroad. 

IT  l Grant— route — crossings — subject  to  ordinances. 

•ff  2*  Motive  power — speed. 

IF  3-  Bridge  across  river — joint -use. 

An  ordinance  to  amend  an  ordinance  in  relation  to  the  Chicago,  St.  Charles  & 
Mississippi  Air-line  railroad.  (Passed  August  8,  1853.) 

*[  1*  Grant — route — crossings — subject  to  ordinances.]  Beit 
ordained  by  the  common  council  of  the  city  of  Chicago:  § 1.  That 

permission  be,  and  is  hereby,  granted  to  the  Chicago,  St.  Charles  and 


408 


RAILROADS. 


[§  T99 


Mississippi  Air-line  Railroad  Company  to  construct,  maintain,  use 
and  operate  in  the  west  division  of  said  city  one  or  more  railroad  tracks 
upon  any  land  south  of  Madison  street  or  north  of  Lake  street,  and  also 
any  other  railroad  track  within  said  city  west  of  the  west  line  of  sec- 
tions twenty  (20),  seventeen  (17)  and  eight  (8)  which  said  company 
may  procure  by  purchase  or  otherwise;  and  to  lay  down  said  track 
or  tracks  across  any  street  within  the  boundaries  above  described, 
wherever  any  such  street  crosses  their  intended  line  of  railroad;  and 
also  to  construct  and  use  all  depots  which  may  be  necessary  to  ac- 
commodate the  business  of  said  company;.  Provided,  that  convenient 
crossings  be  made  by  said  company  where  the  said  track  or  tracks 
cross  the  line  of  streets,  and  sufficient  warning  tables  be  erected  in 
some  conspicuous  place  at  or  near  said  crossings;  said  company  to 
be  subject  to  all  laws  and  ordinances  that  are  now  in  force  or  may 
hereafter  be  passed  to  regulate  railroads  within  said  city. 

1 2.  Motive  power — speed.]  § 2.  Said  company  may  run 

their  trains  by  locomotives,  within  the  limits  herein  described,  at  a 
speed  not  exceeding  five  miles  per  hour,  subject  to  such  ordinances  as 
may,  from  time  to  time,  be  passed  by  the  common  council  of  said  city 
establishing  and  regulating  speed  and  motive  power  within  said  city. 

T 3.  Bridge  across  river— joint  use.]  § 3.  Said  company 
may  construct,  maintain  and  use  a railroad  drawbridge  across  the 
south  branch  of  the  Chicago  river,  at  any  point  south  of  Twelfth  street 
in  said  city,  for  the  purpose  of  connecting  their  track  with  the  track 
of  any  other  railroad  company,  which  may  be  approved  by  the  com- 
mon council;  Provided,  said  bridge  shall  be  so  constructed  as  not 
materially  to  interrupt  or  impede  the  navigation  of  said  south  branch. 
And  the  said  company  may  join  any  other  railroad  company  in  the 
erection  and  use  of  any  railroad  bridge  heretofore  authorized,  or 
which  may  hereafter  be  authorized,  to  be  constructed  across  said 
south  branch,  and  the  said  company  and  any  other  railroad  company 
may  jointly  use  each  other’s  track  or  tracks  and  bridge,  and  form 
mutual  connection  within  said  city,  upon  such  terms  as  may  be  agreed 
upon  by  the  parties  in  interest. 


CHICAGO  & MISSISSIPPI  RAILROAD  COMPANY. 

§ 199.  Chicago  & Mississippi  Railroad  company. 

•ff  1.  Connection  with  Rock  Island  road. 

•jf  2.  Location — street  obstructions — right  to  terminate  grant. 

An  ordinance  concerning  the  Chicago  & Mississippi  railroad  company.  (Passed 

September  11,  1854.) 


§ 2°°] 


JOLIET  & CHICAGO  RAILROAD  COMPANY. 


409  * 


% 1.  Connection  with  Rock  Island  road — depots,  etc.]  Be 

it  ordained  by  the  common  council  of  the  city  of  Chicago : § i . That 
permission  and  authority  is  hereby  granted  to  the  Chicago  and  Missis- 
sippi Railroad  Company  to  lay  down  and  use  two  such  side  tracks  as 
its  business  may  require,  from  the  track  of  the  Chicago  and  Rock 
Island  Railroad,  as  the  same  is  located  on  block  one  hundred  and 
nine  (109)  in  the  School  section  addition,  south  across  Taylor  street, 
and  on  block  one  hundred  and  eight  (108).  And  said  company,  on 
its  own  grounds  procured  for  that  purpose,  may  erect  such  depots, 
stations,  buildings  and  shops  as  it  thinks  proper. 

1 2.  Location — street  obstructions — right  to  terminate  grant.] 
§ 2.  The  side  tracks  herein  authorized  shall  be  laid  down  east  of 
Griswold  street  and  west  of  Clark  street,  and  the  crossings  at  Taylor 
street  shall  be  completed  and  finished  under  the  direction  of  the  com- 
mittee on  streets  and  alleys  of  the  south  division  of  the  city;  such 
tracks  at  the  crossing  of  Taylor  street  shall  be  subject  to  all  the  ordi- 
nances that  now  are,  or  hereafter  may  be  made  by  the  city  to  regulate 
the  crossing  of  railroads  across  the  streets  of  the  city;  Provided,  that 
said  streets  shall  not  at  any  time  be  obstructed  by  the  stoppage  of 
cars  therein,  nor  shall  the  said  street  be  obstructed  longer  than  three 
minutes  at  any  one  time  by  the  crossing  of  trains  under  way;  And 
provided,  the  city  council  reserve  the  right  to  rescind  at  any  time  the 
rights  hereby  granted;  Provided,  also,  the  said  company  shall  be 
liable  for  all  damages  that  may  accrue  by  reason  of  the  crossing,  oc- 
cupying or  using  said  tracks. 


JOLIET  & CHICAGO  RAILROAD  COMPANY. 

§ 200.  Joliet  & Chicago  Railroad  company. 

1.  Grant — route — conditions. 

If  2.  Acceptance — contract  to  be  executed. 

If  3.  Supervision. 

If  4.  Indemnity. 

If  5.  Subject  to  ordinances. 

ij  6.  Side  tracks — terms  for  use  of. 

if  7.  Repair  of  bridges. 

An  ordinance  in  relation  to  the  Joliet  & Chicago  Railroad  company.  (Passed 
January  5,  1857.) 

If  1.  Grant— route— conditions.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  permission  be  and 

the  same  is  hereby  given  and  granted  to  the  Joliet  and  Chicago  Rail- 
road Company  to  introduce  said  railroad  into  the  city  on  the  street 


410 


RAILROADS. 


known  as  the  Archer  road,  from  a point  commencing  on  the  section 
line  between  sections  twenty-eight  and  twenty-nine,  to  Grove  street, 
and  from  thence  through  Grove  street  to  the  north  line  of  North 
street;  and  to  use  and  occupy  so  much  of  said  streets  as  may  be  nec- 
essary for  the  purpose  of  constructing,  maintaining  and  using  and  oc- 
cupying a single  or  double  railroad  track  through  said  streets,  with 
such  turn-outs  and  branches,  extending  to  adjoining  lands,  as  may 
be  deemed  necessary  for  the  successful  use  and  occupation  of  said 
road,  upon  the  following  conditions: 

1st.  That  said  company  shall  plank,  pave  or  macadamize  the 
whole  surface  of  said  streets  between  the  points  indicated  above,  and 
forever  maintaining  such  planking,  paving  or  macadamizing  in  good 
order  and  condition. 

2nd.  That  the  space  occupied  by  said  railroad  shall  not  exceed 
fifteen  feet  in  width  on  the  Archer  road,  and  shall  not  exceed  twenty- 
four  feet  in  width  on  Grove  street,  and  shall  be  taken  from  the  north- 
west side  of  Archer  road. 

3rd.  That  said  company  shall  so  construct  said  work  that  car- 
riages may  pass  along  said  streets,  and  may  also  conveniently  cross 
said  road. 

U 2.  Acceptance — contract  to  be  executed.]  § 2.  Upon  the 
acceptance  of  this  ordinance  by  the  said  company  (which  shall  be 
within  ninety  days  from  the  passage  hereof)  a contract  embracing  the 
provisions  herein  contained  shall  be  executed,  sealed  and  delivered, 
on  the  part  of  the  city  of  Chicago,  by  the  mayor 'thereof,  and  on  the 
part  of  the  Joliet  and  Chicago  Railroad  Company,  by  the  president 
thereof,  both  in  the  usual  legal  form. 

3.  Supervision.]  § 3.  The  work  provided  in  this  ordinance 
shall  be  done  under  the  supervision  of  the  city  superintendent,  or  such 
other  officer  or  agent  as  the  common  council  may  direct. 

If  4.  Indemnity.]  § 4.  Said  railroad  company  shall  save  the 
city  harmless  from  all  costs,  damages  and  suits  arising  from  the  oc- 
cupation of  said  streets,  by  said  company,  from  any  and  all  persons 
whomsoever. 

If  5.  Subject  to  ordinances.]  § 5.  This  permission  is  granted 
subject  to  all  general  railroad  ordinances  of  the  city  of  Chicago  now 
in  force,  or  that  may  hereafter  be  passed,  in  relation  to  crossing 
streets,  rates  of  speed,  and  other  matters  of  public  convenience  and 
necessity. 

If  6.  Side  tracks — terms  for  use  of.]  § 6.  Said  railroad 
company  shall  afford  all  necessary  facilities  to  the  owners  of  propert) 
on  said  streets  for  doing  business  on  said  road,  by  putting  in  side 
tracks  necessary  for  such  purpose,  and  to  operate  said  tracks  so  as  to 
carry  the  cars  of  said  road,  and  all  other  railroads  connecting,  or  de- 


§ 201  ] 


DE  PUYSTER  STREET. 


411 


sirous  of  making  connections  with  said  road,  on  fair  and  reasonable 
terms  to  and  from  said  property. 

% 7.  Repair  of  bridges.]  § 7.  Said  company  shall  make, 
maintain,  and  keep  in  good  repair,  all  road  and  slip  bridges  between 
the  said  points. 


DE  PUYSTER  STREET. 

§ 201.  De  Puyster  street. 

Tf  1.  Vacated  for  railroad  use — rights  reserved. 

•jj  2.  Non-user  by  railroads — reversion  to  city. 

An  ordinance  to  vacate  De  Puyster  street.  (Passed  July  28,  1862.) 

If  1.  De  Puyster  street  vacated  for  railroad  use— rights  re- 
served.] Be  it  ordained  by  the  common  council  of  the  city  of  Chi- 
cago: § 1.  That  the  street  running  east  and  west  through  block 

sixty-seven  (67),  School  section  addition  to  Chicago,  known  as  De 
Puyster  street  (except  a strip  of  the  same,  through  the  center  thereof, 
twenty  (20)  feet  in  width,  running  from  Canal  street  east  a distance 
of  one  hundred  and  twenty  (120)  feet)  be,  and  the  same  is  hereby,  va- 
cated and  discontinued;  Provided,  however,  that  such  vacation  and 
discontinuance  shall  continue  so  long,  and  so  long  only,  as  the  same 
may  be  used  for  railroad  purposes;  And  it  is  further  provided,  that 
the  authorities  of  said  city  shall  at  all  times  have  and  possess,  with- 
out charge  or  hindrance,  the  right  to  enter  upon  that  portion  of  said 
street  hereby  vacated,  or  any  part  thereof,  for  the  purpose  of  laying 
down  or  repairing  either  sewerage  or  water  pipes. 

1 2.  Non-user  by  railroads— reversion  to  city.]  § 2.  That 
if  the  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company,  and 
the  Joliet  and  Chicago  Railroad  Company,  shall  at  any  time  cease 
to  use  for  railroad  purposes  the  portion  of  the  street  hereby  vacated  and 
discontinued,  or  if  said  companies,  or  either  of  them,  shall  at  any 
time  refuse  or  neglect  to  fully  indemnify  the  said  city  of  Chicago 
against,  and  save  it  harmless  from,  all  judgments  or  decrees,  with 
the  costs  and  expenses  of  the  same,  which  may  be  recovered  or  ob- 
tained against  said  city,  in  any  judicial  proceeding  which  may  ensue 
from  or  in  consequence  of  the  vacation  and  discontinuance  of  said 
street,  or  if  said  companies  shall  not,  immediately  after  the  passage 
of  this  ordinance,  widen  and  dedicate  to  public  use  (without  charge  or 
cost  to  said  city)  the  alley  in  the  rear  of  lots  sixteen  (16)  to  twenty-six 
(26),  inclusive,  in  said  block,  to  the  width  of  twenty  (20)  feet,  and  ex- 
tend the  same  through  a portion  of  said  vacated  street,  so  as  to  inter- 


412 


RAILROADS. 


[§  202 


sect  with  that  portion  of  said  street  herein  before  reserved  or  ex- 
cepted, then  this  ordinance  shall  immediately  become  null  and  void, 
and  said  street  shall  thereupon  revert, to  and  become  vested  in  the 
said  city  of  Chicago,  as  before  the  passage  of  this  ordinance. 


JOLIET  & CHICAGO  RAILROAD  COMPANY. 

§ 202.  Joliet  & Chicago  Railroad  company. 

♦ U i.  Order  to  macadamize  certain  streets. 

2.  Plans — specifications  —supervision. 

An  ordinance  in  relation  to  the  Joliet  & Chicago  Railroad  company.  (Passed 

June  18,  1866.) 

If  1.  Order  to  macadamize  certain  streets.]  Be  it  ordained 
by  the  common  council  of  the  city  of  Chicago:  § i.  That  in  pursu- 

ance of  the  first  clause  of  section  i of  “An  ordinance  in  relation  to 
the  Joliet  and  Chicago  Railroad  Company,”  passed  by  the  common 
council  of  the  city  of  Chicago,  January  5,  1857,  and  a contract  made 
and  concluded  by  and  between  the  said  company  and  the  said  city  on 
the  twelfth  day  of  January,  1857,  and  under  and  in  pursuance  of  the 
second  section  of  said  ordinance,  the  said  Joliet  and  Chicago  Railroad 
Company  are  hereby  required  to  macadamize  that  portion  of  the  street 
known  and  called  as  the  Archer  road,  from  a point  commencing  on 
the  section  line  between  section  twenty-eight  (28)  and  twenty-nine  (29) 
to  Grove  street,  and  also  the  said  Grove  street  from  its  intersection 
with  the  Archer  road  aforesaid  to  the  north  line  of  North  street,  now 
known  as  Sixteenth  street,  and  forever  maintain  the  same  in  good 
order  and  condition. 

f 2.  Plans  — specifications — supervision.]  § 2.  That  the 

board  of  public  works  of  said  city  be,'  and  they  are  hereby,  instructed 
to  cause  plans  and  specifications  for  said  improvement  to  be  made  as 
speedily  as  possible,  and  a copy  thereof  to  be  served  upon  the  proper 
officer  or  officers  of  said  company,  together  with  a proper  notice  re- 
quiring said  company  to  proceed  and  perform  said  work  in  conformity 
with  said  plans  and  specifications,  and  under  the  direction  and  super- 
vision of  the  said  board,  within  a reasonable  time,  to  be  fixed  by  said 
board. 


§ 203]  CHICAGO,  ALTON  & ST.  LOUIS  RAILROAD  COMPANY.  413 

CHICAGO,  ALTON  & ST.  LOUIS  RAILROAD  COMPANY. 

§ 203.  Chicago,  Alton  & St.  Louis  Railroad  company. 

Tf  1.  Grant — route. 

2.  Condition — use  of  streets. 

3.  Indemnity. 

4.  Flagmen  at  crossings. 

5.  Subject  to  ordinances. 

‘ *j[  6.  Amendment  or  repeal. 

7.  Switches  limited. 

8.  Street  improvements. 

9.  Non-compliance — removal. 

10.  When  in  force. 

§ 203.  Chicago,  Alton  & St.  Louis  Railroad  company. 

1.  Amending  foregoing  ordinance. 

An  ordinance  concerning  the  Chicago,  Alton  & St.  Louis  Railroad  company. 

(Passed  April  22,  1867.) 

If  1.  Grant — route.]  Be  it-  ordained  by  the  common  council 

of  the  city  of  Chicago:  § i.  That  the  Chicago,  Alton  and  St.  Louis 

Railroad  Company  be  and  is  hereby  authorized  to  lay  down  a railroad 
track  (with  necessary  turn-outs  and  switches  to  connect  with  adjoin- 
ing lots)  and  operate  the  same  in,  along  and  across  the  following 
streets  and  alleys  in  the  city  of  Chicago,  to  wit:  Across  Hickory 

street  at  its  intersection  with  Lock  street,  across  Fuller  street  at  its 
intersection  with  Lock  street,  across  the  alley  between  Hickory  and 
Water  streets,  south  of  Fort  street,  and  in  and  along  the  north  side 
of  Water  (formerly  Cologne)  street,  from  the  point  where  it  strikes 
said  street,  south  of  Fort  street,  to  a point  at  or  about  the  southwest 
corner  of  lot  one  (i)  in  block  twenty-three  (23)  of  the  canal  trustees’ 
subdivision  of  fractional  section  twenty-nine  (29)  of  township  thirty- 
nine  (39)  north  of  range  fourteen  (14)  east — also  across  Quarry  street 
about  midway  between  said  Water  street  and  the  Archer  avenue. 

€ 2.  Condition — use  of  streets.]  § 2.  The  said  company  is 
hereby  required,  and  this  grant  is  made  upon  the  express  condition, 
it  shall  so  lay  down  and  maintain  said  track,  turn-outs  and  switches, 
that  they  shall  interfere  as  little  as  practicable  with  the  usefulness  of 
said  streets  and  alleys  for  the  uses  for  which  they  are  intended,  and 
shall  at  all  times  keep  them  in  such  condition  as  to  allow  the  free  and 
easy  passage  of  vehicles  along  and  over  them.  All  of  which  shall  be 
done  under  the  supervision  of  the  board  of  public  works. 

• 3.  Indemnity.]  § 3.  This  permission  or  grant  is  made 
upon  the  further  condition,  that  said  railroad  company  shall  keep  and 
save  the  city  harmless  from  all  damages,  costs  and  expenses  whatever 
arising  out  of  the  use  and  occupation  of  said  streets  and  alleys  by  said 
company. 

If  4-  Flagmen  at  crossings.],  § 4.  This  permission  is  granted 
on  the  further  condition  that  said  company  shall  keep  flagmen  at  the 


414  RAILROADS.  [§  203 

crossings  of  such  streets  as  and  when  the  common  council  may  desig- 
nate. 

If  5.  Subject  to  ordinances.]  § 5.  This  permission  is 
granted  subject  to  all  the  general  ordinances  concerning  railroads 
now  in  force,  or  that  may  hereafter  be  passed. 

If  6.  Amendment  or  repeal.]  § 6.  This  ordinance  shall  be 
subject  to  amendment  or  repeal  by  said  council,  at  any  time  after  the 
expiration  of  ten  years  from  its  passage. 

7.  Switches  limited.]  § 7.  It  is  hereby  expressly  under- 
stood and  this  grant  is  made  on  the  express  condition  that  no  switches 
or  turn-outs  shall  be  made  or  constructed  in  said  Water  or  Cologne 
street,  on  the  south  side  of  the  track  laid  therein. 

If  8.  Street  improvements.]  § 8..  Whenever  said  streets,  or 
any  of  them,  shall  be  ordered  improved  by  the  city,  then  and  in  such 
case  the  said  railroad  company  shall  improve,  or  pay  for  the  improve- 
ment of  twenty-four  (24)  feet  on  the  south  side  of  all  streets  named 
herein,  in  addition  to  their  own  road  bed,  as  the  board  of  public  works 
or  common  council  shall  direct. 

^f  9.  Non-compliance — removal.]  § 9.  Should  the  said  com- 

pany at  any  time  fail  to  comply  with  the  conditions  and  provisions  of 
this  ordinance,  or  any  of  them,  or  the  general  ordinances  of  said  city, 
the  common  council  may  order  the  said  tracks,  switches  and  turn-outs 
to  be  taken  up  by  said  company,  and  on  its  failure  so  to  do,  in  a rea- 
sonable time,  may  direct  the  same  to  be  taken  up  at  the  expense  and 
cost  of  said  company. 

If  10.  When  in  force.]  § 10.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Note. — See  following*  amendatory  ordinance. 

An  ordinance  to  amend  an  ordinance  concerning  the  Chicago,  Alton  & St. 

Louis  Railroad  company.  (Passed  September  30,  1867.) 

If  1.  Amending  foregoing  ordinance.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § 1.  That  the  title  of  said 

ordinance  be  so  amended  as  to  read,  ‘‘An  ordinance  concerning  the 
Joliet  and  Chicago  Railroad  Company;”  and  that  the  first  section 
thereof  be  amended  by  striking  out  the  words  “Chicago,  Alton  and 
St.  Louis,”  in  the  first  line  of  said  section,  and  inserting  in  lieu  thereof 
the  words  “Joliet  and  Chicago.” 


§ 2°4] 


CHICAGO  & ALTON  RAILROAD  COMPANY. 


415 ' 


§ 204. 


CHICAGO  & ALTON  RAILROAD  COMPANY. 

Chicago  & Alton  Railroad  company. 

1.  Preamble — agreement  relative  to  street  paving. 

^1  2.  Acceptance  by  city — conditions. 


An  ordinance  defining  the  agreement  with  the  Chicago  & Alton  Railroad  com- 
pany, as  to  the  paving  or  otherwise  improving  Archer  avenue,  between 
Grove  and  Halsted  streets,  according  to  the  terms  of  a contract  with  the 
Joliet  & Chicago  Railroad  company,  referred  to  in  an  ordinance  dated  Jan- 
uary 5,  1857.  (Passed  July  n,  1870.) 

€ 1.  Preamble — agreement  relative  to  street  paving.]  Where- 
as: A proposition  has  been  made  by  the  Chicago  and  Alton  Railroad 

Company  to  the  city  of  Chicago,  as  set  forth  in  a resolution  adopted 
by  said  company,  June  30,  1870,  which  is  in  words  and  terms,  as  fol- 
lows, viz: 

Whereas,  the  city  council  of  the  city  of  Chicago  has  levied  an 
assessment  upon  the  property  of  this  company  in  Archer  avenue  in 
this  city,  to  the  amount  of  something  over  eighteen  thousand  dollars 
for  paving  with  wooden  pavement  that  part  of  Archer  avenue  lying 
between  Halsted  street  and  Grove  street  in  said  city,  professing  to 
act  under  the  terms  of  an  ordinance  passed  January  5,  1857,  and  a 
contract  entered  into  in  pursuance  thereof,  between  said  city  and  the 
Joliet  and  Chicago  Railroad  Company;  and, 

Whereas,  also,  Morris  K.  Jessup,  one  of  the  stockholders  of  this 
company,  believing  said  assessment  to  be  illegal  and  invalid,  has  in- 
stituted a suit  in  equity  in  the  United  States  Circuit  Court  for  the 
Northern  District  of  Illinois,  against  the  directors  of  this  company  and 
said  city,  to  enjoin  the  payment  and  collection  of  said  assessment, 
which  suit  is  still  pending;  and, 

Whereas,  also,  it  is  deemed  advisable  for  the  best  interests  of  the 
company  that  there  should  be  a compromise  of  said  difficulty  upon 
fair  and  equitable  terms;  therefore, 

Resolved,  that  the  president  of  this  company  be  authorized  to 
make  the  following  proposition  to  said  city  as  a basis  of  compromise: 

1.  That  this  company  will  pay  to  the  city  of  Chicago  the  sum  of 
ten  thousand  dollars  in  full  for  all  paving  to  be  done,  now  or  here- 
after, in  Archer  avenue,  between  Weaver  street  and  the  point  where 
the  road  of  this  company  enters  Grove  street,  and  that  in  consideration 
thereof  the  said  city  shall  forever  release  the  Joliet  and  Chicago  Rail- 
road Company  and  this  company  from  the  obligation  to  forever  main- 
tain such  pavement  on  any  portion  of  said  avenue. 

2.  1 hat  both  the  city  and  the  two  companies  aforesaid  shall  re- 
serve all  rights  which  either  may  have  in  that  portion  of  Grove  street 
mentioned  in  said  ordinance. 

3-  That  this  company  will  maintain  in  good  order  its  track  and 
road-bed  in  that  portion  of  Archer  avenue  between  Grove  and  Weaver 

streets. 


416 


RAILROADS. 


[§  205 

4.  That  the  above  propositions  are  made  subject  to  the  rights 
of  Mr.  Jessup,  the  stockholder  aforesaid,  and  that  this  company  will, 
through  their  proper  officers,  suggest  to  Mr.  Jessup  the  propriety  of 
making  said  compromise,  and  upon  the  acceptance  by  the  said  city 
council  of  said  city,  of  the  above  propositions,  that  they  request  him, 
the  said  Jessup,  to  withdraw  the  suit  so  instituted  by  him  as  aforesaid. 

5.  That,  as  a further  consideration  for  said  compromise,  this 
company  will,  if  the  same  is  accepted  by  said  city,  forever  relinquish 
the  right  to  occupy  so  much  of  said  Archer  avenue  as  lies  between 
Weaver  street  and  Halsted  street;  therfore, 

Tf  2.  Acceptance  by  city — conditions.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § 1.  That  the  propo- 

sition of  the  Chicago  and  Alton  Railroad  Company,  as  set  forth  in 
the  foregoing  preamble,  is  hereby  accepted;  Provided,  however, 
that  this  ordinance  shall  not  take  effect  until  the  payment  of  ten 
thousand  dollars,  and  the  withdrawal  of  the  suit  as  specified  in  the 
first  and  fourth  sections  respectively  of  said  proposition  shall  first 
have  been  made. 


CHICAGO  BELT  RAILWAY  & TRANSFER  COMPANY. 

§ 205.  Chicago  Belt  Railway  & Transfer  company. 

1.  Grant — route. 

*f[  2.  Conditions. 

If  3.  Acceptance. 

^[4.  V iaduct. 

^ 5.  Right  to  cease  and  determine  when. 

Ordinance  granting  right  of  way  to  Chicago  Belt  Railway  & Transfer  company 
in  the  town  of  Lake.  (Adopted  November^,  1873.) 

Tf  1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 

of  the  town  of  Lake:  § 1.  That  permission  and  authority  be,  and 

the  same  is  hereby  given  and  granted  to  the  Chicago  Belt  Railway  and 
Transfer  Company,  to  lay  down,  maintain  and  operate  a double  rail- 
way track,  with  all  necessary  side  tracks,  not  to  exceed  two,  at  the 
crossing  of  any  public  highway,  of  the  same  that  may  be  crossed  on 
said  railway  from  its  beginning  on  the  boundary  line  of  the  town  of 
Hyde  Park,  at  the  center  of  the  east  line  of  section  thirty-three  (33)  of 
the  town  of  Lake,  thence  running  due  west  through  the  center  of  sec- 
tions 33,  32,  31,  36  to  the  center  of  35,  thence  north  through  the  north 
half  of  35,  along  and  on  the  right  of  way  of  the  Danville  and  Vincen- 
nes Railroad,  through  the  centers  of  sections  26,  23,  14  and  11,  and  to 
the  center  of  section  two  (2),  thence  west  through  the  west  half  of  sec- 
tion two  (2),  through  the  center  of  section  three  (3),  to  the  town  line 
between  the  towns  of  Lake  and  Lyons. 


ciiic AgO  belt  railway  & transfer  company. 


417 


§ 2°5l 


2.  Conditions.]  § 2.  The  permission  and  authority  here- 
by granted  to  said  company  are  upon  the  following  express  condi- 
tions, to  wit: 

1st.  That  the  rights  herein  conferred  are  subject  to  whatever 
rights  any  other  person  or  corporation  may  have  along  said  line  in 
said  town  of  Lake. 

2nd.  That  said  railway  company  shall  indemnify  and  save  harm- 
less said  town  of  Lake  from  all  expenses,  costs,  damages  and  suits 
arising  from  the  occupation  of  such  dedicated  streets  as  may  be  upon 
said  line  by  said  railroad  company;  Provided,  that  the  rights,  powers 
and  privileges  hereby  granted  are  not  intended  to  extend  to  any  other 
ground  either  of  individuals  or  corporations,  than  the  dedicated  streets 
which  may  be  crossed  or  lie  on  the  line  or  route  of  said  road  as  above 
described. 

3rd.  That  the  privilege  hereby  granted  shall  be  enjoyed  subject 
to  the  provisions  of  the  charter  of  said  town  of  Lake,  and  to  all  ordi- 
nances that  now  are  or  hereafter  may  be  in  force  in  said  town  of  Lake 
in  regard  to  all  railroads  therein. 

4th.  The  board  of  trustees  of  the  town  of  Lake  shall  have  the 
right  to  impose  such  rules  and  regulations  upon  the  use  of  said 
tracks,  in  reference  to  speed  and  manner  of  running  cars  and  loco- 
motives, as  they  shall  deem  necessary  for  the  safety  and  convenience 
of  the  residents  of  said  town  of  Lake;  such  rules  and  regulations  to  be 
imposed  by  general  ordinances  in  regard  to  all  railways  in  said  town. 

5th.  The  said  railroad  company  shall  at  all  times  grade,  fill, 
plank  or  macadamize  the  portion  of  said  streets  used  by  said  com- 
pany, and  the  approaches  thereto  at  the  intersection  of  streets  cross- 
ing said  railway,  or  that  may  be  laid  by  the  authorities,  in  such  a 
way  as  to  allow  of  free  and  easy  passage  of  carriages  and  wagons 
across  and  alongside  of  its  tracks  at  all  points;  said  work  to  be  done 
in  such  a manner  and  at  such  times  as  the  board  of  trustees  of  said 
town  of  Lake  shall  direct;  also  culverts  to  be  built  at  such  crossings 
as  shall  not  impede  the  natural  flow  of  water  when  so  ordered  by  the 
said  board  of  trustees. 

6th.  The  rate  of  passenger  fare  on  said  railway,  out  of  Chicago 
through  the  town  of  Lake,  shall  not  exceed  the  rate  of  any  other  road 
running  out  of  the  city  of  Chicago  for  the  same  distances,  and  shall 
issue  commutation  tickets  therefor,  not  to  exceed  by  commutation  ten 
cents,  from  the  center  of  section  thirty-five  (35),  to  their  depot  in  the 
city  of  Chicago,  and  ratable  at  all  other  points,  and  two  and  half  cents 
per  mile  for  transient  travel,  for  five  years  from  the  date  of  this  ordi- 
nance, and  two  cents  per  mile  thereafter. 

7th.  Said  railroad  company  shall  establish  not  less  than  six 
depots  in  the  town  of  Lake,  at  each  of  which  all  passenger  trains  shall 
stop. 

8th.  The  foregoing  conditions,  rights  and  privileges  shall  apply 
27 


418 


RAILROADS. 


[§  205 

to  and  be  binding  upon  the  assignees,  grantees  and  lessees  of  said 
railroad  company,  and  all  rights  or  powers  conferred  upon  the  town 
of  Lake,  or  its  officers  or  trustees,  shall  vest  in  and  be  exercised  by 
the  municipal  corporation,  or  its  officers  or  trustees  or  authorities, 
within  whose  limit  said  streets  or  any  portion  thereof  may  at  any  time 
be  situated. 

9th.  That  in  the  event  that  said  railway  company  shall  break  or 
fail  to  comply  with  any  of  the  provisions  of  this  ordinance,  and  shall 
fail  to  make  good  such  breach  and  comply  with  the  provisions  of  this 
ordinance  within  thirty  days  after  service  of  notice  of  such  breach  or 
failure,  upon  any  general  officer  of  said  company,  at  the  principal  of- 
fice of  said  company  in  the  city  of  Chicago,  then  said  railway  com- 
pany shall  forfeit  to  the  town  of  Lake  an  amount  in  double  the  sum 
of  such  damages,  which  the  said  company  agrees  to  pay  to  the  town 
of  Lake  whenever  adjudged  guilty  of  such  breach  by  a court  of  com- 
petent jurisdiction  in  the  county  of  Cook  or  otherwise  if  agreed  upon, 
which  sum  may  be  recovered  by  said  town  in  an  action  of  assumpsit 
in  any  court  of  general  jurisdiction  in  the  county  of  Cook;  and  if  the 
said  railroad  company  shall  neglect  or  refuse  to  make  good  this  de- 
fault, and  to  comply  with  the  provisions  of  this  ordinance  within  nine- 
ty days  after  final  judgment  shall  be  rendered  in  favor  of  said  town, 
by  any  court  of  competent  jurisdiction,  for  said  penalty,  then  all  the 
rights  of  said  company  under  and  by  virtue  of  this  ordinance  shall 
forthwith  cease  and  determine. 

If  3.  Acceptance.]  § 3.  This  ordinance  shall  not  be  in  force, 
nor  shall  any  rights  or  privileges  be  acquired  or  enjoyed  by  virtue 
hereof,  until  said  railway  company  shall  have  filed  a written  acceptance 
of  its  terms  and  conditions  with  the  clerk  of  said  town  of  Lake. 

H 4.  Viaduct.]  § 4.  If  the  corporate  authorities  of  the  town 
of  Lake  at  any  time  deem  it  necessary  that  a viaduct  shall  be  con- 
structed over  the  railway  tracks  at  the  intersections  of  any  streets 
crossing  said  railway,  then  said  railway  company  is  to  contribute  its 
equitable  share  of  the  cost  of  such  viaduct,  upon  the  basis  that  the 
entire  cost  of  said  viaduct  shall  be  paid  by  the  railroad  companies 
owning  tracks  at  such  crossing,  each  company  paying  an  equal  share 
of  such  costs;  or  if  each  company  do  not  pay  as  aforesaid,  then  the 
town  of  Lake  or  individuals  shall  pay  such  proportionate  share;  said 
railway  company  shall  nevertheless  pay  its  equitable  share  as  aforesaid. 

If  6-  Right  to  cease  and  determine  when.]  § 5.  Unless 
said  railway  company  shall  have  entered  upon  and  completed  the  con- 
struction of  said  railway  track  or  tracks  through  the  town  of  Lake 
within  nine  months  from  the  passage  of  this  ordinance,  and  put  the 
same  in  operation  within  fifteen  months  from  the  passage  of  this  ordi- 
nance, then  all  rights  and  privileges  by  this  ordinance  granted  shall 
cease  and  determine. 


| 206]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY.  419 

CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COM- 
PANY. 

§ 206.  Chicago,  Burlington  & Quincy  Railroad  company. 

1.  Grant — route. 

2.  Route  continued. 

3.  Track  in  North  street. 

4.  Operation — motive  power. 

5.  Paving  North  street — liability  for  damage. 

An  ordinance  concerning  the  Chicago,  Burlington  & Quincy  Railroad  company 

and  authorizing  the  laying  down  and  maintenance  of  certain  railroad  tracks. 

(Passed  December  15,  1862.) 

1.  Grant — route.]  Be  it  ordained  by  the  common  council 

of  the  city  of  Chicago:  § I.  That  permission  and  authority  be  and 

the  same  is  hereby  given  to  the  Chicago,  Burlington  and  Quincy  Rail- 
road Company,  to  lay  down,  maintain  and  to  operate  one  or  more 
railroad  tracks,  together  with  all  such  turn-outs,  switches  and  turn- 
tables as  may  be  deemed  necessary,  on  the  alley  next  north  of  North 
street  in  said  city,  and  on  such  lands  as  said  company  may  acquire 
next  south  of  and  adjoining  said  alley,  and  in  continuation  of  the 
same,  from  the  south  branch  of  the  Chicago  river  to  and  across  Mary 
street,  and  from  Mary  street,  on  such  lands  as  it  may  acquire,  to  or 
near  the  point  on  the  western  limits  of  the  city  at  which  Evans  street 
crosses  said  limits,  with  the  right  to  cross  all  intervening  streets. 

If  2.  Route  continued.]  § 2.  Said  company  is  also  hereby 
authorized  to  lay  down,  maintain  and  operate  one  or  more  railroad 
tracks,  with  such  turnouts  and  switches  as  they  shall  deem  necessary, 
on  any  ground  which  they  now  own  or  may  hereafter  acquire  by  pur- 
chase, donation,  condemnation  or  otherwise,  from  its  depot  grounds 
on  North  street,  to  South  street,  east  of  the  east  line  of  Stewart  ave- 
nue, to  Lumber  street,  and  east  of  the  east  line  of  Lumber  street,  from 
its  intersection  with  Stewart  avenue  to  South  street,  and  west  of  the 
south  branch  of  the  Chicago  river,  and  from  the  south  branch  of  the 
Chicago  river  to  Stinson  street,  on  any  lands  it  may  acquire  within 
one  block  on  either  side  of  South  street,  and  from  South  street  to  the 
St.  Charles  and  Mississippi  Air-line  Railroad,  on  any  lands  it  may  ac- 
quire between  Stinson  street  and  Lisle  or  Reuben  streets,  and  to  lay 
down,  maintain  and  operate  any  such  track  or  tracks  and  turnouts 
across  any  street  or  streets  or  alleys  within  the  district  aforesaid,  and 
also  all  such  as  may  be  necessary  to  the  convenient  use  of  any  depot 
grounds  the  said  company  may  now  own  or  hereafter  acquire  in  the 
vicinity  of  or  adjoining  said  line  of  road,  and  the  grounds  of  the  Union 
track  road  as  now  laid  between  the  said  south  branch  of  the  Chicago 
river  and  the  Illinois  Central  Railroad,  and  to  form  connections  with 
it  and  other  roads,  and  also  to  acquire  and  use  all  such  depot  grounds, 
and  to  erect  thereon  such  buildings  as  said  company  may  deem  neces- 
sary for  the  convenient  transaction  of  its  business;  Provided,  that  con- 


420 


kAiLROADS. 


venient  crossings  shall  be  made  and  maintained  by  said  company, 
when  such  track  or  tracks  across  any  such  street  or  alley,  and  proper 
warning  tables  shall  be  erected  in  conspicuous  places  at  or  near  such 
crossings;  said  company  shall  be  subject  to  all  laws  and  ordinances 
that  are  now  in  force,  or  may  hereafter  be  passed,  to  regulate  rail- 
roads within  the  said  city. 

1 3.  Track  in  North  street.]  § 3.  Said  company  is  hereby 
authorized  to  lay  down,  maintain  and  operate  a single  railroad  track 
in  North  street,  and  fifteen  feet  south  of  the  north  line  thereof,  from 
a point  two  hundred  feet  west  of  the  west  end  of  the  freight  depot  of 
said  company,  on  block  forty-eight  (48)  in  canal  trustees’  subdivision 
of  the  northwest  quarter  of  section  twenty-one  (21),  in  township  thirty- 
nine  (39)  north  of  range  fourteen  (14),  east  to  the  slip  constructed  in 
North  street,  at  its  intersection  with  the  south  branch  of  the  Chicago 
river. 

1 4.  Operation— motive  power.]  § 4.  Said  company  may 
use  and  operate  said  railroad  tracks  with  locomotive  engines  and  cars, 
under  such  regulations  and  rules  with  reference  to  speed,  motive 
power  and  manner  of  running  the  same,  as  the  common  council  of  said 
city  may,  from  time  to  time,  impose  and  make. 

% 5.  Paving  North  street  — liability  for  damage.]  § 5. 
Said  company  shall  be  required  to  keep  that  portion  of  North  street  in 
which  said  track  shall  be  laid,  in  good  repair,  and  pay  all  damages  said 
city  may  sustain  by  reason  of  suits  or  otherwise  on  account  of  the  lay- 
ing down  and  using  said  track,  on  said  part  of  North  street,  as  pro- 
vided for  by  section  three  of  this  ordinance. 

§ 207.  Chicago,  Burlington  & Quincy  railroad. 

1.  Route — dedication  of  land  for  opening  Brown  street. 

2.  Motive  power — subject  to  ordinances. 

3.  Paving,  etc.,  Brown  street. 

If  4.  When  in  force. 

An  ordinance  concerning  the  Chicago,  Burlington  & Quincy  Railroad  company, 

granting  permission  for  tracks  in  Brown  street.  (Passed  November  2,  1864.) 

H 1.  Route — dedication  of  land  for  opening  Brown  street.] 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1. 
That  permission  and  authority  is  hereby  given  to  the  Chicago,  Bur- 
lington and  Quincy  Railroad  Company,  and  its  successors,  to  put 
down,  construct  and  maintain  a railroad  with  a single  track,  and  with 
the  necessary  switches  and  turnouts,  in  that  part  of  Brown  street  in 
said  city,  which  extends  from  sixteenth  to  twenty-second  street,  with 
the  right  to1  cross  said  last  mentioned  street  at  the  intersection  of  Brown 
street  with  the  same,  or  at  such  other  points  near  such  intersections 
as  may  be  necessary  to  connect  said  railroad  with  said  company’s  main 
line  near  sixteenth  street,  and  with  a railroad  track  to  be  built  by 
said  company  on  the  fifty  feet  south  of  and  adjoining  the  south  line  of 
twenty-second  street,  and  extending  from  the  east  to  the  west  line  of 


208]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY. 


421 


Green’s  south  branch  addition  to  Chicago ; Provided,  however,  and  this 
permission  and  authority  is  given  upon  the  express  condition  that  said 
company  shall  procure  and  dedicate  to  said  city  so  much  land  as  shall 
be  necessary  to  open  Brown  street  northward  from  its  present  ter- 
minus to  Sixteenth  street;  and  in  case  the  same  or  any  part  thereof  is 
opened  by  or  under  the  authority  of  said  city,  said  company  shall  pay 
to  the  said  city  the  costs  and  expenses  of  procuring  land  and  opening 
the  same,  and  shall  indemnify  and  secure  said  city  from  any  costs  or 
expenses  on  account  of  the  procuring  of  land  for  the  opening  of  said 
part  of  said  street. 

If  2.  Motive  power — subject  to  ordinances.]  § 2.  Said  com- 
pany and  its  successors  are  hereby  authorized  to  operate  said  railroad 
track  with  steam  or  such  other  motive  power  as  it  shall  deem  best;  the 
privileges  hereby  granted,  however,  shall  be  enjoyed  subject  to  all 
general  ordinances  that  now  are,  or  hereafter  may  be,  in  force  con- 
cerning railroads  in  said  city. 

If  3.  Paving,  etc.,  Brown  street.]  § 3.  The  privileges  grant- 
ed by  this  ordinance  are  upon  this  express  condition:  That  said  rail- 
way company,  its  successors  and  assigns,  shall  as  respects  grading,  pav- 
ing, macadamizing,  filling  or  planking,  at  its  own  expense,  keep  ten 
feet  in  width,  exclusive  of  and  on  one  side  of  its  track,  in  repair  on  said 
Brown  street,  so  far  as  the  same  is  embraced  in  this  ordinance,  and 
keep  its  tracks  in  such  condition  that  wagons  and  other  vehicles  can 
pass  and  repass  at  any  and  all  points,  and  in  any  and  all  directions,  and 
shall  be  subject  to  assessment  for  paving,  repaving,  planking,  replank- 
ing, or  any  other  kind  of  improvements,  of  ten  feet  in  width  of  said 
street,  exclusive  of  and  on  one  side  of  its  track,  whenever  the  common 
council  shall  by  ordinance  order  said  improvement  to  be  made. 

If  4.  When  in  force.]  § 4.  That  this  ordinance  be  in  force 
from  and  after  its  passage. 

§ 208.  Chicago,  Burlington  & Quincy  railroad  company. 

If  1.  Route — dedication  of  land  for  opening  Brown  street. 

IT  2.  Motive  power. 

j 3.  Paving  and  repair  of  Brown'  street. 

f 4.  Conditions  as  to  transfer  of  lumber. 

5,  When  in  force. 

An  ordinance  concerning  the  Chicago,  Burlington  & Quincy  Railroad  company, 

granting  permission  to  construct  a railroad  track  in  Brown  street  and  across 

Twenty-second  street.  (Passed  November  28,  1864.) 

1 1.  Route— dedication  of  land  for  opening  Brown  street.] 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1. 
That  permission  and  authority  is  hereby  given  to  the  Chicago,  Bur- 
lington and  Quincy  Railroad  Company,  and  its  successors,  to  put  down, 
construct  and  maintain  a railroad  with  a single  track,  and  with  the 
necessary  switches  and  turnouts,  in  that  part  of  Brown  street  in  said 
city,  which  extends  from  Sixteenth  to  Twenty-second  street,  with  the 
right  to  cross  said  last  mentioned  street  at  the  intersection  of  Brown 


422 


RAILROADS. 


street  with  the  same,  or  at  such  other  points  near  such  intersections,  as 
may  be  necessary  to  connect  said  railroad  with  said  company’s  main 
line  near  Sixteenth  street,  and  with  a railroad  track  to  be  built  by  said 
company  on  the  fifty  feet  south  of  and  adjoining  the  south  line  of 
Twenty-second  street,  and  extending  from  the  east  to  the  west  line  of 
Green’s  south  branch  addition  to  Chicago;  Provided,  however,  and 
this  permission  and  authority  is  given  upon  the  express  condition, 
that  said  company  shall  procure  and  dedicate  to  said  city  so  much  land 
as  shall  be  necessary  to  open  Brown  street  northward  from  its  pres- 
ent terminus  to  Sixteenth  street;  and  in  case  the  same  or  any  part 
thereof  is  opened  by  or  under  the  authority  of  said  city,  said  company 
shall  pay  to  said  city  the  cost  and  expense  of  procuring  land  and  open- 
ing the  same,  and  shall  indemnify  and  secure  said  city  from  any  costs 
or  expenses  on  account  of  the  procuring  of  land  for  the  opening  of  said 
part  of  said  street. 

If  2.  Motive  power.]  § 2.  Said  company  and  its  successors 
are  hereby  authorized  to  operate  said  railroad  track  with  steam,  or  such 
other  motive  power  as  it  shall  deem  best;  the  privileges  hereby  granted, 
however,  shall  be  enjoyed  subject  to  all  general  ordinances  that  now 
are  and  hereafter  may  be  in  force  concerning  railroads  in  said  city. 

If  3.  Paving  and  repair  of  Brown  street.]  § 3.  The  priv- 
ileges granted  by  this  ordinance  are  upon  the  express  condition : That 
said  railway  company,  its  successors  and  assigns,  shall,  as  respects 
grading,  paving,  macadamizing,  filling  or  planking,  at  its  own  expense, 
keep  ten  feet  in  width,  exclusive  of  and  on  one  side  of  its  track,  in  re- 
pair, on  said  Brown  street,  so  far  as  the  same  is  embraced  in  this  or- 
dinance, and  keep  its  tracks  in  such  condition  that  wagons  and  other 
vehicles  can  pass  and  repass  at  any  and  all  points,  and  in  any  and  all 
directions,  and  shall  be  subject  to  assessment  for  paving  and  repaving, 
planking,  replanking,  or  any  other  kind  of  improvements,  of  ten  feet 
in  width  of  said  street,  exclusive  of  and  on  one  side  of  its  track,  when- 
ever the  common  council  shall  by  ordinance  order  said  improvements 
to  be  made. 

If  4.  Conditions  as  to  transportation  of  lumber.]  § 4.  The  . 

right  hereby  granted  shall  not  be  used  for  the  purpose  of  building  up 
a lumber  business  in  one  locality  in  said  city  and  destroying  it  in  an- 
other; and  it  is  hereby  expressly  provided,  and  the  authority  hereby 
conferred  is  granted  upon  the  distinct  understanding  that  said  Chi- 
cago, Burlington  and  Quincy  Railroad  Company  shall  receive  all  lum- 
ber delivered  at  its  depot  in  said  city  for  transportation  over  its  road, 
and  transport  the  same  in  the  order  of  its  delivery,  so  far  as  practicable, 
and  if  it  shall  take  or  send  its  cars  off  its  own  tracks,  and  to  or  into 
the  lumber  yards  of  any  one  locality  in  said  city,  to  be  loaded,  it  shall, 
in  like  manner,  take  or  send  its  cars  to  and  into  the  lumber  yards  of 
every  other  locality  in  said  city  which  is  reached  by  railroad,  and  over 
which  railroad  the  said  company  shall  have  the  right  or  privilege  to  run 
its  engine  and  cars,  and  said  cars,  when  sent,  shall  be  taken  or  sent  to 


§ 209]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY. 


423 


the  respective  lumber  yards  in  said  city  in  the  order  in  which  applica- 
tion shall  be  made  for  the  same,  so  far  as  may  be  practicable;  Provided, 
however,  that  said  company  shall  have  the  right  to  refuse  cars  to  such 
persons  or  parties  as  shall  by  their  own  fault  or  neglect  detain  cars  de- 
livered at  their  yards  to  be  loaded,  over  twenty-four  hours  at  any  one 
time. 

5.  When  in  force.]  § 5.  That  this  ordinance  be  in  force 
from  and  after  its  passage. 

§ 209.  Chicago,  Burlington  & Quincy  railroad. 
y 1.  Route — conditions. 

2.  Joint  user. 

y 3.  Street  paving — condition  of  tracks  in  streets. 
y 4.  Indemnity. 
y 5?  Subject  to  ordinances. 
y 6.  Grant,  twenty  years. 

An  ordinance  concerning  the  Chicago,  Burlington  & Quincy  Railroad  company, 
and  granting  permission  to  lay  down  and  maintain  a railroad  track  in 
Twenty-second  street  and  Lumber  street.  (Passed  January  30,  1866.) 

1.  Route  — conditions.]  Be  it  ordained  by  the  common 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 
is  hereby  given  to  the  Chicago,  Burlington  and  Quincy  Railroad  Com- 
pany and  its  successors,  to  lay  down,  maintain  and  operate  a railroad 
with  a single  track,  and  with  switches,  turnouts  and  side  tracks  nec- 
essary to  accommodate  the  owners  and  occupants  of  property  along 
the  same,  in  and  upon  Twenty-second  street  from  Brown  to  Lumber 
streets;  thence  northeasterly  on  Lumber  street  to  the  right  of  way  of 
the  Joliet  and  Chicago  Railroad  Company;  also  southwesterly  on  Lum- 
ber street  from  the  intersection  thereof  with  Twenty-second  street  as 
far  as  the  same  is  laid  out;  Provided,  said  track  shall  be  laid  in  the 
center  of  Twenty-second  street,  and  on  the  east  or  southeast  sid  of 
Lumber  street,  as  nearly  as  practicable  to  the  outer  line  of  the  sidewalk, 
the  whole  to  be  done  under  the  supervision  and  to  the  entire  satisfac- 
tion of  the  board  of  public  works;  And  provided,  further,  that  the  city 
shall  have  the  right  at  any  time  after  five  years  shall  have  elapsed,  to 
cause  the  track  on  Twenty-second  street  to  be  removed  to  either  side  of 
the  center  of  said  Twenty-second  street;  And  provided  further,  that  no 
car  or  cars  shall  be  left  standing  on  said  main  track  on  Twenty-second 
street  at  any  time  or  times  for  loading  or  unloading,  under  a penalty 
of  one  hundred  dollars. 

If  2.  Joint  user,]  § 2.  Said  track,  side  tracks,  switches  and 
turnouts,  when  laid,  shall  be  open  to  the  use  of  other  railroad  com- 
panies, whose  cars  come  into  the  city,  upon  just,  safe  and  equitable 
terms,  to  be  agreed  upon  by  the  parties  interested,  and  in  case  of  dis- 
agreement to  be  determined  by  arbitration. 

If  3.  Street  paving— condition  of  tracks  in  streets.]  § 3. 
The  privileges  granted  by  this  ordinance  are  upon  the  express  condi- 
tion that  said  company,  its  successors  and  assigns,  shall  fill,  grade  and 


424 


RAILROADS. 


pave,  macadamize  or  plank  as  and  when  directed  by  the  board  of  pub- 
lic works  or  the  common  council,  such  portion  of  said  streets  as  are 
used  and  occupied  by  said  company,  and  also  at  least  twenty  feet  in 
width  on  Lumber  street  and  twelve  feet  on  each  side  of  its  track  on 
Twenty-second  street;  Provided,  that  if  the  track  on  Twenty-second 
street  shall  be  moved  to  either  side  of  said  street  that  then  twenty-four 
feet  shall  be  improved  on  one  side  of  said  Twenty-second  street.  And 
shall  also  keep  said  track,  side  tracks,  turnouts  and  switches  in  such 
condition  that  vehicles  may  easily  and  readily  pass  along  or  over  the 
same  without  injury.  ‘ v 

4.  Indemnity.]  § 4.  The  permission  hereby  granted  is 
upon  the  further  condition  that  said  railway  company  shall  keep  and 
save  the  city  harmless  from  all  damages,  costs,  expenses  and  suits 
arising  out  of  the  occupation  or  use  of  said  streets  by  said  company, 
it  successors,  assigns  or  lessees. 

If  5.  Subject  Jo  ordinances.]  § 5.  This  permission  is  grant- 
ed, subject  to  all  general  ordinances  now  in  force  or  that  may  hereafter 
be  passed  concerning  railroads  in  said  city. 

^f  6.  Grant,  20  years.]  § 6.  This  grant  or  permission  shall 
extend  and  be  in  force  for  the  period  of  twenty  years  from  and  after 
the  passage  of  this  ordinance,  and  for  no  longer  period,  and  said  com- 
pany shall,  at  the  expiration  of  said  period  of  twenty  years,  take  up 
said  track,  side  tracks,  turnouts  and  switches,  leaving  the  streets  in 
good  and  safe  condition. 

§ 210.  Chicago,  Burlington  & Quincy  Railroad  company. 

Tf  1.  Route — discontinuance  of  track  now  laid. 

\ 2.  Grant,  five  years — subject  to  ordinances. 

If  3.  Keep  tracks  in  repair — indemnity. 

4.  Cars,  etc. , not  to  stand  on  city  property,  except. 

An  ordinance  authorizing  the  Chicago,  Burlington  & Quincy  Railroad  company 
to  lay  down  and  maintain  certain  tracks.  (Passed  May  17,  1880.) 

If  1.  Route  — discontinuance  of  track  now  laid.]  Be  it 

ordained  by  the  common  council  of  the  city  of  Chicago:  § 1.  That 
permission  and  authority  be  and  are  hereby  given  to  the  Chicago,  Bur- 
lington and  Quincy  Railroad  Company  to  lay  down,  maintain  and  op- 
erate a double  railroad  track,  together  with  all  such  switches  and  turn- 
outs as  may  be  necessary  to  connect  their  double  track  road  on  Twenty- 
second  street,  in  Green’s  south  branch  addition  to  Chicago,  with  their 
double  track  road  on  the  private  railroad  street  in  Walker’s  first  dock 
addition,  all  in  the  city  of  Chicago,  across  Ashland  avenue  at  a point 
near  and  not  further  south  than  the  southwest  corner  of  lot  249,  in  said 
Green’s  south  branch  addition,  and  crossing  the  west  line  of  Ashland 
avenue  at  a point  not  further  south  than  the  northeast  corner  of  lot 
one,  in  block  ten,  in  Walker’s  first  dock  addition  to  Chicago,  said  lot 
“one”  being  owned  by  the  city  of  Chicago,  and  occupied  by  the  West 
Side  Pumping  Works. 


§ 2Il]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY.  425 

And  also  a single  railroad  track,  connecting  the  double  tracks 
above  authorized  at  such  point  as  may  be  necessary  to  obtain  a prac- 
ticable curve,  running  thence  from  such  connection  across  and  along 
the  east  side  of  said  lot  one,  and  in  said  block  ten,  thence  south  along 
the  east  side  of  said  block  ten  to  the  Chicago  river. 

Provided,  That  when  the  tracks  hereby  authorized  are  constructed 
said  company  shall  discontinue  its  tracks  now  crossing  Ashland  ave- 
nue at  or  near  the  intersection  of  twenty-second  street  and  Blue  Is- 
land avenue,  and  shall  take  up  and  remove  the  same  from  said  avenue. 

r 2.  Grant,  five  years — subject  to  ordinances.]  § 2.  Said 
railroad  company  may  use  and  operate  for  a term  of  five  years  said 
railroad  tracks  hereby  authorized  to  be  constructed  with  locomotive 
engines  and  cars  under  such  regulations  and  rules,  in  reference  to  speed 
and  manner  of  running  the  same,  as  the  city  council  shall  from  time  to 
time  impose  and  make,  and  subject  to  all  general  ordinances  now  in 
force,  or  that  may  hereafter  be  passed  concerning  railroads  in  said  city. 

1 3.  Keep  tracks  in  repair — indemnity.]  § 3.  Said  railroad 
company  is  hereby  required  to  keep  their  said  tracks  so  to  be  con- 
structed in  good  repair,  with  suitable  planking  between  the  rails,  so  as 
to  make  the  crossing  of  the  same  safe  and  convenient,  and  the  said 
company  shall  keep  and  save  said  city  harmless  from  all  damages,  costs, 
expenses  and  suits  arising,  or  which  may  arise  out  of  the  occupation  or 
use  of  said  street  by  said  company,  its  successors,  assigns  or  lessees. 

% 4.  Cars,  etc.,  not  to  stand  on  city  property,  except.] 
§ 4.  The  rights  and  privileges  hereby  granted  are  on  the  express  con- 
dition that  no  railroad  cars  or  locomotives  shall  be  left  standing  on 
the  part  of  said  track  to  be  laid  on  the  property  belonging  to  the  city 
of  Chicago  in  said  block  10,  to-wit,  lots  1,  2,  3 and  4 in  said  block,  to 
exceed  fifteen  minutes  at  any  one  time,  except  cars  to  be  loaded  or  un- 
loaded on  said  part  of  said  track  on  behalf  of  said  city;  and  also  that 
said  city  shall  have  the  free  use  of  the  part  of  said  track  to  be  laid  on 
its  premises,  and  shall  not  be  required  to  pay  any  costs  or  charges  for 
the  use  of  the  same. 

§211.  Chicago,  Burlington  & Quincy  Railroad  company. 

Tf  1.  Route. 

1[  2.  Authority  to  use  tracks  of  another  company. 

*j[  3.  Viaduct  at  Polk  street. 

4[  4.  Indemnity. 

5.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago,  Burlington  & Quincy  Railroad 
company  to  construct  tracks  between  West  Harrison  and  West  Twelfth 
Streets.  (Passed  December  20,  1880.) 

€ 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  are  hereby 
granted  unto  the  Chicago,  Burlington  and  Quincy  Railroad  Company, 
to  lay  down,  maintain  and  operate  one  or  more  railroad  tracks  on  the 
property  owned  or  hereafter  to  be  acquired  by  them,  between  West 


426 


RAILROADS. 


[§  2” 

Harrison  street  on  the  north  and  West  Twelfth  street  on  the  south,  and 
the  tracks  of  the  Pittsburg,  Fort  Wayne  and  Chicago  Railroad  Com- 
pany on  the  east,  and  Canal  street  on  the  west;  and  for  that  purpose  to 
extend  such  tracks  across  intervening  streets,  together  with  all  such 
turnouts,  switches,  turn  tables  and  other  structures  as  may  be  deemed 
necessary  to  accommodate  the  business  to  be  done  over  said  tracks. 

If  2.  Authority  to  use  tracks  of  another  company.]  § 2. 
Said  railroad  company  shall  also  have  the  right  to  run  its  trains  from 
its  present  depot  grounds  on  Sixteenth  street,  over  the  tracks  of  the 
Pittsburgh,  Fort  Wayne  and  Chicago  Railway  Company,  located  on 
and  adjoining  Beach  street  and  Stewart  avenue,  to  and  on  to  the  depot 
grounds  mentioned  in  said  section  1,  and  to  the  depot  grounds  of 
said  last  named  company,  situated  between  Madison  and  Harrison 
streets;  and  if  at  any  time  hereafter  the  facilities  offered  by  the  Pitts- 
burgh, Fort  Wayne  and  Chicago  Railway  Company  for  such  track 
service  shall  be  deemed  inadequate  to  accommodate  the  business  of 
the  companies  using  the  same,  and  the  Chicago,  Burlington  and 
Quincy  Railroad  Company  shall  purchase  or  lease  other  right  of  way 
near  to  or  adjoining  said  tracks  on  the  west,  between  Sixteenth  and 
Twelfth  streets,  permission  is  hereby  granted  to  said  last  named  com- 
pany to  lay  one  or  more  tracks  on  the  same,  and  to  cross  the  inter- 
vening streets. 

If  3.  Viaduct  at  Polk  street.]  § 3.  The  permission  and  au- 
thority hereby  granted  are  upon  the  express  conditions  that  the  said 
railroad  company  shall  pay  or  cause  to  be  paid  to  the  city  of  Chicago 
the  cost  and  expense  of  constructing  and  erecting  a new  viaduct  on 
Polk  street  over  the  railroad  tracks  crossing  said  street,  between  Canal 
street  and  the  Polk  street  bridge,  together  with  all  proper  lateral  and 
other  approaches  necessary  thereto,  the  money  necessary  therefor  to  be 
paid  bv  said  company  as  aforesaid,  as  fast  as  required  by  the  city  in 
paying  for  the  construction  and  erection  of  said  viaduct,  and  the  lat- 
eral and  other  approaches  thereto,  and  shall  maintain  and  keep  the 
same  in  repair  without  expense  or  cost  to  the  city  of  Chicago,  such 
construction,  maintaining  and  keeping  in  repair  to  be  done  pursuant 
to  the  direction  of  the  city  council  under  the  supervision  of  the  com- 
missioner of  public  works,  and  the  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railroad 
company  shall  pay  to  the  city  of  Chicago  the  expense  of  constructing, 
erecting,  maintaining  and  keeping  in  repair  viaducts  over  any  of  its 
said  tracks  on  any  street  or  streets  crossed  by  its  tracks,  except  said 
Polk  street  above  provided  for,  with  proper  approaches  thereto,  as  the 
city  council  may  from  time  to  time  require;  Provided,  however,  that 
when  any  such  viaduct,  except  said  Polk  street  viaduct  above  pro- 
vided for,  cannot  be  constructed  across  the  tracks  of  said  railroad  com- 
pany without  crossing  the  track  or  tracks  of  some  other  railroad  com- 
pany or  companies,  the  said  Chicago,  Burlington  & Quincy  Railroad 
Company  shall  only  be  obliged  to  join  such  other  railroad  company 


§ 212]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY.  427 

or  companies  in  paying  the  expense  of  erecting,  constructing,  main- 
taining and  keeping  in  repair  such  viaduct  and  approaches,  and  to  pay 
its  fair  proportion  of  such  expense  as  between  it  and  such  other  com- 
pany or  companies;  and  if  such  other  railroad  company  or  companies 
shall  not  join  said  Chicago,  Burlington  & Quincy  Railroad  Company 
in  paying  said  expense,  then,  when  the  proportion  of  said  other  com- 
pany or  companies  shall  be  otherwise  provided,  the  said  Chicago, 
Burlington  & Quincy  Railroad  Company  shall  pay  what  would  be  its 
fair  proportion  of  said  expense  in  case  such  other  company  or  com- 
panies should  join  with  it  in  the  payment  of  said  expense  as  aforesaid. 
Said  viaduct  or  viaducts,  and  approaches  thereto,  to  be  constructed 
according  to  the  plans  and  specifications  of  the  department  of  public 
works.  Said  Chicago,  Burlington  & Quincy  Railroad  Company  shall 
furnish  sufficient  outlets  for  the  private  property  bounded  by  Harrison, 
Twelfth,  Beach  streets  and  the  south  branch  of  the  Chicago  river. 

If  4.  Indemnity.]  § 4.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railroad 
company  shall  and  will  forever  indemnify  and  save  harmless  the  said 
city  of  Chicago  against  and  from  any  and  all  legal  damages,  judg- 
ments, decrees  and  costs  and  expenses  of  the  same,  which  it  may  suffer 
or  which  may  be  recovered  or  obtained  against  said  city,  for  or  by 
reason  of  the  granting  of  such  privileges'  and  authority,  or  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from  the  passage  of  this 
ordinance,  or  any  matter  or  thing  connected  therewith,  or  with  the 
exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

5.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 212.  Chicago,  Burlington  & Quincy  Railroad  company. 

1 1.  Route. 

2.  Discontinuance  and  removal, 
if  3.  Paving — removal  upon  order. 

4.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago,  Burlington  & Quincy  Rail- 
road company  for  a railroad  track  in  Union  street.  (Passed  April  2r,  1882.) 

If  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago  : § 1.  That  permission  be  and  is  hereby  granted  the  Chicago, 
Burlington  and  Quincy  Railroad  Company  to  maintain  and  operate  a 
railroad  track  in,  upon  and  along  Union  street,  from  its  intersection 
with  Twenty-second  street  to  the  south  line  of  Lumber  street,  as  shown 
by  a plat  thereof  accompanying  this  ordinance. 

T 2.  Discontinuance  and  removal.]  § 2.  Said  grant  shall 
cease  and  be  inoperative  and  void  whenever  said  city,  by  its  mayor 
or  council,  shall  order  said  track  to  be  discontinued  and  removed, 


428 


RAILROADS. 


and  whilst  its  privileges  are  enjoyed  they  shall  be  subject  to  all  general 
ordinances  now  inforce,  or  which  may  hereafter  be  passed. 

If  3.  Paving  — removal  upon  order.]  § 3.  The  privileges 
hereby  granted  are  upon  the  express  condition  that  said  railroad 
company  shall  fill,  grade  and  pave,  macadamize  or  plank,  as  and  when 
directed  by  the  commissioner  of  public  works  or  the  city  council,  such 
portion  of  said  streets  as  shall  be  used  and  occupied  by  said  railroad 
company,  and  also  at  least  twenty  (20)  feet  in  width  outside  of  said 
track,  and  upon  the  order  of  discontinuance  and  removal  by  the  city, 
as  aforesaid,  at  any  time,  said  railroad  company  shall  forthwith  re- 
move said  track,  and  repair  the  street  according  to  the  directions  of 
said  commissioner  or  said  city,  and  in  case  of  failure  to  comply  within 
twenty  (20)  days  with  such  order,  the  city  is  to  have  the  right,  with 
force  if  necessary,  to  remove  such  track  and  repair  said  street  at  the 
expense  of  said  railroad  company. 

T 4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication. 

§ 213.  Chicago,  Burlington  & Quincy  Railroad  company. 

1.  Authority  to  excavate — viaduct. 

\ 2.  Grade  established. 

3.  Company  pay  cost  of  filling — retaining  walls  and  viaduct. 

4.  Plans — supervision  of  work. 

5.  Company  pay  land  damages — indemnity. 

'll  6.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago,  Burlington  & Quincy  Railroad 

company  to  excavate  in  West  Twelfth  street,  adjoining  Beach  street,  and  to 

lay  down  and  maintain  tracks  therein.  (Passed  July  31,  1882.) 

1 1.  Authority  to  excavate — viaduct.]  Be  it  ordained  by  the 

city  council  of  the  city  of  Chicago:  § 1.  That  for  the  purpose  of 

enabling  the  Chicago,  Burlington  & Quincy  Railroad  Company  to1  lay 
down,  maintain  and  operate  railroad  tracks  below  the  grade  of  West 
Twelfth  street,  adjoining  Beach  street  on  the  west,  permission  and 
authority  be  and  are  hereby  given  to  the  said  Chicago,  Burlington  & 
Quincy  Railroad  Company  to  excavate  said  West  Twelfth  street  to  a 
depth  of  sixteen  feet  below  the  present  grade  of  said  West  Twelfth 
street,  and  for  the  distance  of  eighty  feet,  being  the  eighty  feet  west 
from  the  west  line  of  Beach  street,  and  to  construct  a proper  viaduct 
over  said  excavation  on  the  grade  hereinafter  established. 

If  2.  Grade  established.]  § 2.  That  the  grade  of  West  Twelfth 
street  between  the  points  herein  designated  be  and  the  same  is  hereby 
established  as  follows: 

Commencing  at  the  present  established  grade  of  thirteen  feet 
above  the  city  datum  at  the  west  line  of  Canal  street  and  rising  at 
a regular  grade  of  one  foot  in  thirty  feet  to  a grade  of  twenty-six  and 
two-tenths  feet  above  city  datum  at  a point  three  hundred  and  ninety- 
five  feet  east  of  said  west  line  of  Canal  street,  being  the  west  line  of 


§214]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY.  429 

said  excavation,  thence  on  a level  grade  to  the  east  line  of  Beach 
street. 

3.  Company  pay  cost  of  filling — retaining  walls  and  via- 
duct.] § 3.  The  permission  and  authority  hereby  granted  are  upon 
the  express  conditions  that  the  said  railroad  company  shall  pay  or 
cause  to  be  paid  to  the  city  of  Chicago  the  cost  and  expense  of  the 
filling  and  paving  and  the  abutments  and  retaining  walls  necessary  for 
raising  said  grade,  as  provided  in  section  2,  and  shall  also  construct, 
maintain  and  forever  keep  in  repair  the  viaduct  authorized  and  pro- 
vided for  in  section  1. 

If  4.  Plans — supervision  of  work.]  § 4.  The  work  authorized 
and  provided  for  in  the  preceding  sections  shall  be  done  according  to 
plans  and  specifications  prepared  by  the  department  of  public  works 
of  the  city  of  Chicago,  and  under  the  supervision  and  direction  of  the 
said  department. 

If  5.  Company  pay  land  damages— indemnity.]  § 5.  The 

permission  and  authority  hereby  granted  are  upon  the  further  express 
condition  that  the  said  railroad  company  shall  be  held  bound  to  pay 
all  legal  damages  that  may  accrue  to  the  owners  of  property  fronting 
on  West  Twelfth  street,  between  Canal  street  and  Beach  street,  by 
reason  of  the  changing  of  grade  provided  for  in  this  ordinance,  and 
shall  and  will  forever  indemnify  and  save  harmless  the  city  of  Chicago 
against  and  from  any  and  all  legal  damages,  judgments,  decrees  and 
costs  and  expenses  of  the  same,  which  it  may  suffer  or  which  may  be 
recovered  or  obtained  against  said  city,  for  or  by  reason  of  the  granting 
of  such  permission  and  authority,  or  for  or  by  reason  of  or  growing 
out  of  or  resulting  from  the  passage  of  this  ordinance,  or  any  matter 
or  thing  connected  therewith  or  with  the  exercise  by  said  company  of 
the  privileges  hereby  granted,  or  from  any  act  or  acts  of  said  company 
under  or  by  virtue  of  the  provisions  of  the  ordinance. 

If  6.  When  in  force.]  § 6.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 214.  Chicago,  Burlington  & Quincy  Railroad  company. 

T[  1.  Route. 

Tf  2.  Planking,  etc. — supervision. 

An  ordinance  granting  permission  to  the  Chicago,  Burlington  & Quincy  Railroad 

company  to  operate  a track  across  Eighteenth  street.  (Passed  May  4,  1883.) 

If  1.  Route,]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  are  hereby 

given  unto  the  Chicago,  Burlington  & Quincy  Railroad  Company  to 
lay  down,  maintain  and  operate  a railroad  track  across  Eighteenth 
street,  and  not  more  than  forty  feet  east  of  the  east  line  of  Brown 
street,  for  the  purpose  of  accommodating  the  manufacturing  business 
and  property  adjoining  Eighteenth  street  on  the  south,  with  a side  or 
switch  track  connecting  with  the  tracks  of  the  said  railroad  company 
on  Brown  street  aforesaid. 


430 


RAILROADS. 


[§  § 2I5>  2i<5 


If  2.  Planking,  etc. — supervision.]  § 2.  Said  railroad  com- 
pany shall  put  down  and  maintain,  under  the  direction  of  the  depart- 
ment of  public  works,  all  the  planking  necessary  to  be  laid  at  the 
intersection  of  Eighteenth  street  with  the  tracks  so  to  be  laid. 

§ 215.  Chicago,  Burlington  & Quincy  Railroad  company. 

1.  Route  and  connections. 

2.  Maintaining  of  crossings — subject  to  ordinances. 

3.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago,  Burlington  & Quincy  Railroad 
company  to  lay  down  and  operate  a track.  (Passed  January  28,  1884.) 

If  1.  Route  and  connections.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

be  and  are  hereby  given  unto  the  Chicago,  Burlington  and  Quincy 
Railroad  Company,  and  its  successors  and  assigns,  to  lay  down,  main- 
tain and  operate  a railroad  track,  with  necessary  side  tracks,,  switches 
and  turnouts,  from  a connection  with  its  own  tracks  lying  ncfth  of  16th 
street,  thence  southerly  with  proper  curve,  crossing  16th  street  to  the 
east  side  of  Brown  street,  thence  south  on  land  owned  by  it  on  the 
east  side  of  Brown  street,  to  the  south  line  of  21st  street,  thence  by 
proper  curves  and  switches  to  the  south  line  of  22nd  street,  there  to 
connect  with  its  own  tracks  and  with  the  tracks  of  all  persons,  com- 
panies and  corporations  now  or  hereafter  doing  business  in  22nd  and 
Lumber  streets,  and  in  Green’s  South  Branch  addition,  hereby  grant- 
ing to  said  railroad  company  and  its  successors  the  right  to  cross  the 
intervening  streets. 

If  2.  Maintenance  of  crossings — subject  to  ordinances.]  § 2. 

The  permission  and  authority  hereby  given  are  upon  the  express  con- 
dition that  said  railroad  company  shall  construct  and  maintain  con- 
venient crossings  at  the  intersection  of  streets  crossed  by  the  track 
or  tracks  hereby  allowed  to  be  laid,  according  to  the  direction  of  the 
board  of  public  works  of  said  city. 

And  provided,  further,  that  in  the  operation  of  the  above  tracks, 
said  railroad  company  shall  be  subject  to  all  present  and  future  general 
ordinances  of  the  city  of  Chicago  in  regard  to  railroads. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 216.  Chicago,  Burlington  & Quincy  Railroad  company. 

1 1.  Lumber  street  and  Twenty-second  street — conditions. 

I 2.  Paving  or  planking  Twenty-second  street — exception. 

II  3.  Change  of  location  of  tracks. 

11  4.  Cars  not  to  stand  on  main  track. 

*[[  5*  Paving  street  intersections — repair  of  sidewalks. 

1 6.  Adjustment  of  damages — disagreement  as  to  amount. 

jj  7.  Indemnity. 

If  8.  Subject  to  ordinances. 

f 9.  When  in  force — acceptance — grant  20  years  in  Twenty-second 
street. 


§ 2 1 6]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY.  431 

An  ordinance  authorizing  the  Chicago,  Burlington  & Quincy  Railroad  company 
to  maintain  and  operate  railroad  tracks  in  Twenty-second  street  and  in 
Lumber  street.  (Passed  October  4,  1886.  Accepted  October  18,  1886.) 

If  1.  Lumber  street  and  Twenty-second  street — conditions.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  i.  That 

permission  and  authority  be  and  the  same  are  hereby  given  to  the 
Chicago,  Burlington  & Quincy  Railroad  Company,  its  successors  and 
assigns,  to  lay  down,  maintain  and  operate  a single  track  railroad  upon 
Lumber  street,  from  the  intersection  thereof  with  the  right  of  way  of 
the  Joliet  and  Chicago  Railroad  Company,  southwesterly  as  far  as 
said  street  is  laid  out.  And  also  in  and  upon  Twenty-second  street, 
from  Brown  to  said  Lumber  street,  with  proper  curve  connecting  the 
two  tracks  at  junction  of  said  Twenty-second  street  and  Lumber  street, 
and  with  switches,  turnouts  and  side  tracks  necessary  to  accommodate 
the  owners  and  occupants  of  property,  now  or  hereafter  located  on 
both  sides  of  said  Lumber  and  Twenty-second  streets. 

Provided,  however,  that  said  tracks  shall  be  laid  and  operated  as 
near  as  may  be  practicable  to  the  curb  on  the  south  side  of  said  Twenty- 
second  street,  between  Brown  and  Halsted  streets,  and  between  the 
curb  and  the  south  line  of  the  street  between  Halsted  and  Lumber 
streets. 

And  further,  that  the  rails  to  be  laid  in  said  track  between  Brown 
and  Halsted  streets  shall  be  of  heavy  street  railroad  rail  or  such  other 
pattern  of  rail  as  shall  be  approved  by  the  commissioner  of  public 
works. 

1 2.  Paving  or  planking  22d  street — exception.]  § 2.  The 

privileges  hereby  granted  are  upon  the  express  condition  that  said 
company  shall  fill,  pave  or  plank  as  and  when  directed  by  the  com- 
missioner of  public  works,  and  while  so  occupying  the  same,  that  part 
of  Twenty-second  street,  between  Brown  and  Halsted  streets,  from 
the  south  curb  to  the  center  of  the  street,  and  so  much  of  the  street 
east  of  Halsted  street  as  shall  be  occupied  by  said  track,  shall  be 
planked  and  kept  in  repair  by  said  railroad  company. 

Provided,  however,  that  if  at  any  time  a track  or  tracks  of  a 
street  or  steam  railway  company  shall  be  laid  between  the  track  of 
said  company  and  the  center  of  Twenty-second  street,  between  Brown 
and  Halsted  streets,  aforesaid,  then  said  Chicago,  Burlington  & Quincy 
Railroad  Company,  its  successors  and  assigns,  shall  be  relieved  from 
paving  and  keeping  in  repair  so  much  of  said  street  as  shall  be  occu- 
pied by  the  track  or  tracks  of  such  other  company. 

H 3.  Change  of  location  of  tracks.]  § 3.  Said  railroad  com- 
pany, in  lieu  of  the  above  location  of  its  said  track  in  and  upon  Twenty- 
second  street,  may  anddt  is  hereby  authorized  to  locate  its  said  tracks 
south  of  Twenty-second  street,  over  and  upon  such  land  as  it  shall 
acquire  by  purchase,  lease  or  otherwise,  and  to  cross  the  intervening 
streets  and  alleys. 

t 4.  Cars  not  to  stand  on  main  track.]  § 4.  Said  railroad 


432 


RAILROADS. 


company  shall  leave  no  cars  standing  on  the  main  track,  on  Twenty- 
second  street,  at  any  time  for  loading  or  unloading,  under  penalty  of 
one  hundred  ($100)  dollars  for  each  and  every  offense. 

If  5.  Paving  street  intersections — repair  of  sidewalks.  § 5. 
Said  railroad  company  shall  keep  the  intersections  of  streets  and  alleys, 
where  crossed  by  said  tracks,  graded  and  paved,  in  accordance  with 
the  directions  of  the  commissioner  of  public  works;  and  shall  keep 
said  track,  side  tracks  and  switches  in  such  condition  that  vehicles  may 
easily  and  readily  pass  along  or  over  the  same,  without  injury. 

If  6.  Adjustment  of  damages — disagreement  as  to  amount.] 
§ 6.  Said  Chicago,  Burlington  and  Quincy  Railroad  Company  shall, 
within  ninety  days  after  its  acceptance  of  this  ordinance,  pay  to  and 
compensate  the  owner  or  owners  of  the  lands  or  lots  on  the  south 
side  of  Twenty-second  street,  between  Brown  street  and  Halsted  street, 
abutting  that  part  of  said  Twenty-second  street  along  which  said  tracks 
shall  be  located,  for  all  damage  which  may  be  done  to  his,  her  or 
their  property  by  reason  of  the  taking  and  using  said  street  for  the 
purposes  herein  provided.  In  the  event  that  the  said  company  and 
said  owners,  or  any  of  them,  cannot  agree  upon  the  amount  of  such 
compensation,  then  the  claim,  or  claim's,  for  damages  shall  be  sub- 
mitted to  arbitration  in  manner  following,  to  wit:  The  said  person, 

or  persons,  so  claiming  damages  shall,  within  thirty  days  after  the 
acceptance  hereof  by  said  company,  serve  upon  said  company  a writ- 
ten notice  of  his,  her  or  their  election  to  submit  to  arbitration  the  ques- 
tion of  damages,  and  shall  state  the  name  and  address  of  the  person 
whom  he,  she  or  they  shall  elect  to  serve  upon  said  arbitration.  The 
company  shall  thereupon  select  and  name  the  person  whom  it  shall 
select  to  serve  upon  said  arbitration,  and  the  persons  so  selected  shall 
proceed  at  once  and  without  delay  to  make  a settlement  of  the  matter 
submitted  to  them. 

In  considering  said  damages  the  arbitrators  shall  determine  the 
value  of  said  property  with  no  railroad  in  said  street,  and  the  value 
of  the  same  with  the  railroad  as  located  under  this  ordinance.  If 
they  cannot  agree  within  ten  days,  then  they  shall  select  a third  person 
to  act  with  them.  In  case  they  cannot  agree  upon  such  third  person, 
then  the  mayor  of  the  city  shall  be  called  upon,  and  shall  appoint 
such  third  person,  and  the  arbitration  so  composed  shall  make  such 
settlement. 

When  said  arbitrators,  appointed  as  hereinbefore  provided,  shall 
have  reached  a determination,  which  must  be  within  twenty  days  from 
and  after  their  appointment,  as  herein  declared,  they  shall  report  in 
writing  to  each  of  said  parties  their  conclusions,  which  shall  be  final. 
Within  thirty  days  after  such  report  the  said  company  shall  pay  to 
said  claimant,  or  claimants,  the  amount  so  found  and  determined  to 
be  due  to  him,  her  or  them. 

1 7.  Indemnity.]  § 7.  The  permission  hereby  granted  is  upon 
the  further  condition  that  said  railroad  company  shall  keep  and  save 


433 


§ 217]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY. 

the  city  harmless  from  all  damages,  costs,  expenses  and  suits  arising 
out  of  the  occupation  or  use  of  said  streets  by  said  company,  its  suc- 
cessors and  assigns. 

«|[  8.  Subject  to  ordinances.]  § 8.  This  permission  is  granted 
subject  to  all  general  ordinances  now  in  force,  or  that  may  hereafter 
be  passed  concerning  railroads  in  said  city. 

f 9.  When  in  force— acceptance— grant,  20  years  in  22d 
street.]  § 9.  This  ordinance  shall  take  effect  and  be  in  force  as  soon 
as  the  same  shall  have  been  duly  accepted  by  said  company.  _ Provided, 
however,  that  unless  this  ordinance  shall  be  duly  accepted  within  thirty 
days  of  the  passage  hereof,  this  ordinance  shall  be  null  and  void; 
and 

Provided,  further,  that  the  right  to  operate  that  portion  of  said 
railroad  track  in  22nd  street,  lying  between  Brown  and  Halsted  streets, 
shall  terminate  at  the  end  of  20  years  from  the  date  of  the  passage  of 
this  ordinance. 

§ 217.  Chicago,  Burlington  & Quincy  Railroad  company. 

If  1.  Route — plat. 

IK  2.  Street  improvements— failure  to  use— removal, 
f 3-  Bond. 

][  4.  Grant,  io  years, 
f 5.  When  in  force. 

An  ordinance  authorizing  the  Chicago,  Burlington  & Quincy  Railway  company 
to  maintain  and  operate  railroad  tracks  in,  upon  and  along  Union  and 
Lumber  streets.  (Passed  July  14,  1893.) 

If  1.  Route — plat.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  permission  and  authority  be,  and  is  hereby 
granted  the  Chicago,  Burlington  & Quincy  Railroad  Company  to 
maintain  and  operate  railroad  tracks  in,  upon  and  along  Union  and 
Lumber  streets,  from  the  intersection  of  said  Union  street  with 
Twenty-second  street  to  the  south  line  of  said  Lumber  street,  as  shown 
by  a plat  thereof  accompanying  this  ordinance,  and  not  otherwise. 

T 2.  Street  improvements — failure  to  use — removal.]  § 2. 

The  privileges  hereby  granted  are  upon  the  express  condition  that  said 
railroad  company  shall  fill,  grade  and  pave,  macadamize  or  plank,  as 
and  when  directed  by  the  commissioner  of  public  works  or  the  city 
council,  such  portion  of  said  streets  as  shall  be  used  and  occupied  by 
said  railway  company  and  also  at  least  twenty  feet  in  width  outside 
of  said  track  or  tracks,  and  upon  said  company  failing  to  use  said  track 
or  tracks  at  any  time,  for  a period  of  six  months,  the  right  to  use  said 
street  under  this  ordinance  shall  at  once  cease,  and  said  railroad  com- 
pany shall  forthwith  remove  said  track  or  tracks  and  repair  the  street 
according  to  the  directions  of  said  commissioner  of  said  city;  and, 
in  case  of  failure  to  comply  within  twenty  days  with  such  order,  the 
city  is  to  have  the  right,  with  force  if  necessary,  to  remove  such  track 
or 'tracks  and  repair  said  street  or  streets  at  the  expense  of  said  railroad 
company. 

28 


434 


RAILROADS. 


[§  218 


IF  3.  Bond.]  § 3.  That  before  laying  such  track  said  Chicago, 
Burlington  & Quincy  Railway  Company  shall  enter  into  a bond  to 
the  city  of  Chicago,  with  good  and  sufficient  sureties,  in  the  penal  sum 
of  ten  thousand  ($10,000)  dollars,  to  be  approved  by  the  commissioner 
of  public  works,  conditioned  to  save  the  said  city  harmless  from  any 
and  all  damages  which  may  arise  from  or  grow  out  of  the  privileges 
hereby  granted,  or  the  laying  or  operating  of  said  track. 

IT  4.  Grant,  10  years.]  § 4.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  of  this  ordinance. 

T 5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 218.  Chicago,  Burlington  & Quincy  Railroad  company. 

TJ  1.  Preamble. 

If  2.  Dedication  of 'land  for  street  purposes — description. 

if  3-  Delivery  of  deeds — vacation  of  part  of  Twenty-second  street. 

An  ordinance  authorizing  a change  of  route  of  the  Chicago,  Burlington  & Quincy 

Railroad  company  at  West  Twenty-second  street.  (Passed  March  23,  1896.) 

If  1.  Preamble.]  Whereas,  a long  and  dangerous  crossing  exists 
over  the  right  of  way  and  tracks  of  the  Chicago,  Burlington  & Quincy 
Railroad  Company  upon  West  Twenty-second  street,  between  sec- 
tions 23  and  26,  township  39,  range  13,  east  of  the  third  principal 
meridian;  and, 

Whereas,  The  interests  of  the  public  demand  that  said  crossing 
be  shortened,  and  its  dangers  thereby  decreased;  and, 

Whereas,  In  order  to  effect  a new  and  less  dangerous  crossing, 
the  Chicago,  Burlington  & Quincy  Railroad  Company  has  offered  to 
deed  to  the  city  of  Chicago,  without  expense  to  it,  sufficient  of  its 
land  for  that  purpose;  now,  therefore, 

1 2.  Dedication  of  land  for  street  purposes — description.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

if  the  said  Chicago,  Burlington  & Quincy  Railroad  Company  shall 
deed  to  the  city  of  Chicago,  for  street  purposes,  sufficient  land  there- 
for, said  street  and  crossing  of  Twenty-second  street,  over  the  tracks 
and  right  of  way  of  said  Chicago,  Burlington  & Quincy  Railroad 
Company  shall  run  as  follows: 

Beginning  at  the  intersection  of  the  west  line  of  Trumbull  avenue 
and  the  said  right  of  way;  thence  south  thirty-five  and  one-half  de- 
grees, east  across  said  right  of  way  to  the  south  line  thereof;  thence 
northeast  on  the  line  of  said  right  of  way  seventy  and  twenty-three 
hundredths  feet;  thence  north  thirty-five  and  one-half  degrees  west 
across  said  right  of  way  to  the  north  line  thereof;  thence  southwest  on 
the  line  of  said  right  of  way  seventy  and  twenty-three  hundredths 
feet  to  the  place  of  beginning,  opening  across  said  right  of  way  a street 
sixty-six  feet  wide. 


§ ?l8]  CHICAGO,  BURLINGTON  & QUINCY  RAILROAD  COMPANY.  435 

1"  3.  Delivery  of  deeds  — vacation  of  part  of  Twenty- 
second  street.]  § 2.  When  the  said  Chicago,  Burlington  & Quincy 
Railroad  Company  shall  execute  and  deliver  to  the  city  of  Chicago  for 
street  purposes  good  and  sufficient  deeds  of  said  sixty-six-foot  street 
across  said  right  of  way,  and  of  a strip  of  land  bounded  and  described 
as  follows,  to-wit:  Beginning  at  the  southeast  corner  of  Twenty- 

second  street  and  Trumbull  avenue,  thence  east  on  south  line  of  Twen- 
ty-second street  one  hundred  thirty-two  feet,  thence  southwesterly  one 
hundred  thirty-seven  and  three-hundredths  feet  to  a point  on  said 
Trumbull  avenue  thirty-six  and  eighty  one-hundredths  feet  south  of 
point  of  beginning,  thence  north  thirty-six  and  eighty  one-hundredths 
feet  to  the  place  of  beginning;  also,  that  part  of  lots  22,  23,  24,  25  and 
26  in  J.  C.  Hyde’s  re-subdivision  of  block  2,  in  Traver’s  subdivision 
of  the  east  15  92-100  acres  of  the  west  30  92-100  acres  of  that  part  of 
the  southeast  of  section  23,  town  39  north,  range  13,  east  of  the  3rd 
P.  M.,  lying  south  of  Ogden  avenue,  that  lies  south  of  a line  parallel 
with  the  north  line  of  the  C.,  B.  & Q.  R.  R.  Co.’s  right-of-way  and  66 
feet  northerly  therefrom — said  north  line  of  right-of-way  being  47  feet 
north  of  the  original  main  track  of  said  railroad — all  being  between 
Trumbull  avenue  and  St.  Louis  avenue;  then  so  much  of  said  Twenty- 
second  street,  as  the  same  is  now  laid  out,  as  crosses  the  right-of-way 
of  said  railroad  company  and  is  not  included  within  the  lines  of  said 
sixty-six  feet  street  (herein  provided  for)  be,  and  the  same  is  hereby 
vacated. 


§ 219. 
§ 220. 
§ 221. 
^ 222. 
§ 223. 

§ 224. 

§ 225. 
§ 226. 
§ 227. 
§ 223. 


§ 229. 
§ 230. 
§ 231. 
§ 232. 
§ 233- 
§ 234. 
§ 235. 
§ 236. 
§ 237. 
§ 238. 
§ 239- 


CHAPTER  IX.— RAILROADS,  CONTINUED. 

Chicago  Circle  Railway  company. 

Chicago  & Eastern  Illinois  Railroad  company. 

Chicago  & Eastern  Illinois  Railroad  company. 

Chicago  & Eastern  Illinois  Railroad  company. 

Chicago  & Great  Western  Railroad  company  (La  Salle  & Chicago 
Railway  company). 

Chicago  & Great  Western  Railroad  company  (La  Salle  & Chicago 
Railway  company). 

Chicago  & Great  Western  railroad. 

Chicago  & Great  Western  railroad. 

Chicago  & Great  Western  railroad. 

Chicago,  Harlem  & Batavia  Railway  company  (successors  to  Chas. 
R.  Vandercook  and  the  Chicago  & Western  Dummy  Railway  com- 
pany). 

Chicago  & Western  Dummy  Railway  company. 

Chicago,  Harlem  & Batavia  Railway  company. 

Chicago,  Harlem  & Batavia  Railway  company. 

Chicago  & Illinois  River  Railroad  company. 

Chicago  & Indiana  State  Line  Railroad  company. 

Chicago,  Madison  & Northern  Railroad  company. 

Chicago,  Madison  & Northern  Railroad  company. 

Chicago,  Madison  & Northern  Railroad  company. 

Chicago,  Millington  & Western  Railway  company. 

Chicago,  Millington  & Western  Railway  company. 

Chicago,  Millington  & Western  Railway  company. 


CHICAGO  CIRCLE  RAILWAY  COMPANY. 


219.  Chicago  Circle  Railway  company. 

]]  1.  Grant — motive  power — route. 

2.  Street  crossings — repair. 

\ 3.  Plat  of  location. 

^ 4.  Commencement  and  completion’of  work. 

*['  5.  Grades — flagmen — maintenance  of  culverts,  etc. 
T1  6.  Subject  to  ordinances — forfeiture. 

T1  7.  Bridge  over  north  branch  of  Chicago  river. 

\ 8.  Opening  streets  across  tracks. 

\ 9.  Train  service — stations. 

10.  Indemnity. 

^ 11.  Who  bound  by  provisions. 

Tf  12.  When  in  force — acceptance. 


An  ordinance  authorizing  the  Chicago  Circle  Railway  company  of  Chicago  to 
build  its  line  of  railway  through  a portion  of  the  village  of  Jefferson. 
(Passed  June  24,  1889. ) 

1"  1.  Grant — motive  power — route.]  Be  it  ordained  by  the 

president  and  board  of  trustees  of  the  village  of  Jefferson:  § 1.  That 

436 


21 9] 


CHICAGO  CIRCLE  RAILWAY  COMPANY. 


437 


permission  and  authority  be,  and  the  same  is  hereby  granted  to  the 
Circle  Railway  Company  of  Chicago,  to  construct,  lay  down,  maintain 
and  operate  with  steam  power,  a railway  with  one  or  more  tracks  upon 
land  now  owned  or  hereafter  to  be  acquired  by  said  railway  company 
over  and  upon  the  following  route  in  said  village  of  Jefferson,  to-wit: 
Commencing  at  a point  on  the  Milwaukee  & St.  Paul  Railway 
Company’s  right  of  way  at  or  near  Cragin  in  said  village  of  Jefferson, 
thence  north  and  westerly  through  sections  33,  28,  29  and  20  in  said 
village  to  a point  near  the  Cook  county  farm,  thence  north  and  easterly 
through  sections  17,  18,  8 and  Caldwell’s  Indian  Reservation  near  the 
south  boundary  line  to  a point  near  Forest  Glen,  thence  east  through 
Bowmanville  and  south  and  east  along  the  north  branch  of  the  Chicago 
river  to  a point  near  Deering  Station,  in  the  city  of  Lake  View. 

1 2.  Street  crossings— repair.]  § 2.  The  tracks  laid  across 

the  intervening  streets  upon  the  route  above  described  shall  be  laid  in 
such  manner  as  to  interfere  as  little  as  practicable  with  the  use  of  such 
streets  by  teams  and  pedestrians,  and  said  railway  company  shall  at 
all  times  keep  such  tracks  in  proper  condition,  to  allow  the  free  pas- 
sage of  vehicles  across  them. 

T 3.  Plat  of  location.]  § 3.  That  before  constructing  its 
railway,  said  Circle  Railway  Company  shall  file  a plat  showing  the  per- 
manent location  of  its  line  in  the  office  of  the  village  clerk,  and  said 
location  shall  be  made  and  plat  filed  on  or  before  the  first  day  of  July, 
1890. 

T 4.  Commencement  and  completion  of  work.]  § 4- 

Work  on  the  construction  of  said  line  shall  be  commenced  within 
two  years,  and  at  least  one  main  track  shall  be  completed  through  said 
village  in  two  years  from  the  date  of  the  passage  of  this  ordinance. 
Provided,  however,  that  if  said  company  shall  be  delayed  by  ordinance 
or  resolution  of  the  village  of  Jefferson,  or  shall  be  restrained  or  pre- 
vented by  any  injunction  or  order  or  decree  of  any  court  of  competent 
jurisdiction,  then  the  period  of  any  and  all  such  delays  shall  be  added 
to  said  two  years.  The  village  of  Jefferson  shall,  however,  have  the 
right  to  intervene  in  any  suit  for  injunction  to  restrain  said  company 
as  aforesaid  and  move  for  dissolution  of  the  injunction  in  case  such 
suit  may  be  deemed  collusive  or  for  the  purpose  of  delaying  or  extend- 
ing the  time  for  the  completion  of  said  tracks. 

1 5.  Grade — flagmen — maintenance  of  colverts,  etc.]  § 5. 
Said  Circle  Railway  Company  shall  at  the  time  of  commencing  its  said 
railway  construct  and  shall  at  all  times  thereafter  maintain  all  of  its 
tracks  which  lie  within,  upon  and  across  any  streets,  highways  and 
alleys  in  said  village,  as  nearly  as  practicable,  upon  a level  with  the 
grade  of  the  street,  highways  and  alleys  so  crossed,  or  it  shall  be 
deemed  advisable  or  necessary  by  said  company  to  cross  over  and 
above  any  said  streets,  alleys  or  highways  at  a greater  or  higher  eleva- 
tion than  that  of  any  such  streets,  highways  or  alleys,  then  said  com- 


438 


RAILROADS. 


[§  219 


pany  shall  construct,  keep  and  maintain  proper  openings  and  passage- 
ways through  and  under  said  tracks  so  as  to  obstruct  said  streets,  al- 
leys and  highways  as  little  as  practicable.  Said  company  shall  keep 
a flagman  and  shall  construct  and  maintain  gates  at  such  crossing  as 
shall  be  required  by  the  board  of  trustees  of  said  village,  and  shall  also 
at  the  time  of  constructing  its  said  railway  shall  construct  and  put  in 
and  shall  at  all  times  thereafter  maintain  all  necessary  and  proper  cul- 
verts and  waterways  to  the  satisfaction  of  the  superintendent  of  public 
works  and  board  of  trustees  of  said  village. 

T 6.  Subject  to  ordinances — forfeiture.]  § 6.  The  privi- 

leges hereby  granted  are  upon  the  further  express  condition  that  said 
Circle  Railway  Company  shall  be  subject  to  all  general  ordinances 
now  in  force  or  which  may  hereafter  be  passed  in  the  exercise  of  the 
police  powers  of  said  village  concerning  railroads,  and  a failure  on 
the  part  of  said  company  to  comply  with  the  provisions  of  this  ordi- 
nance, or  the  provisions  of  any  such  general  ordinances  now  in  force 
' or  which  may  hereafter  be  passed,  for  a period  of  90  days  after  notice 
in  writing  from  the  board  of  trustees  of  said  village  to  the  president, 
superintendent  or  other  officer  in  charge  of  said  railway  at  Chicago, 
shall  be  sufficient  cause  for  a forfeiture  of  the  rights  and  privileges 
granted  by  this  ordinance  and  of  all  its  tracks,  buildings  and  right  of 
way  in  said  village  to  the  village  of  Jefferson. 

IT  7.  Bridge  over  north  branch  of  Chicago  river.]  § 7.  The 
rights  and  privileges  hereby  granted  are  so  granted  upon  the  express 
understanding  and  condition  that  whenever  the  north  branch  of  the 
Chicago  river  shall  become  or  be  made  navigable  at  the  point  where 
the  proposed  line  of  said  railway  shall  cross  said  north  branch,  the 
said  railway  company  shall  construct  and  thereafter  maintain  a swing 
or  draw-bridge  over  said  river,  of  sufficient  length  to  allow  free  navi- 
gation of  said  stream,  and  free  passage  for  vessels  and  steamers  desir- 
ing to  pass. 

T 8.  Opening  streets  across  tracks.]  § 8.  The  village  of  Jef- 
ferson hereby  expressly  reserves  the  right  to  open  or  extend  any  street 
or  public  highway  across  and  over  the  right  of  way  of  said  proposed 
line  of  railway  at  such  points  as  said  village  may  from  time  to  time 
determine,  without  recompense  to  or  hindrance  from  the  said  Circle 
Railway  Company,  its  successors,  grantees,  lessees  or  assigns. 

T 9.  Train  service — stations.]  § 9.  Said  Circle  Railway  Com- 
pany, its  successors,  grantees,  lessees  and  assigns,  shall  run  regularly 
at  least  two  exclusively  passenger  trains  every  day  each  way  over  said 
railway  the  first  year,  and  three  or  more  trains  the  second  year,  which 
shall  stop  for  the  accommodation  of  passengers  at  every  station  along 
its  right  of  way  to  some  convenient  depot  in  the  city  of  Chicago,  and 
shall  increase  the  service  whenever  and  as  often  as  the  same  shall  be 
required  by  the  increase  of  travel  over  said  railway.  Stations  to  be 
erected  not  more  than  two  miles  apart  along  the  line. 


219] 


CHICAGO  CIRCLE  RAILWAY  COMPANY. 


439 


1"  10.  Indemnity.]  § io.  The  permission  and  authority  hereby 
granted  shall  be  and  is  upon  the  further  express  condition  that  said 
Circle  Railway  Company,  its  successors,  grantees,  lessees  and  assigns, 
shall  and  will  indemnify  and  save  harmless  the  village  of  Jefferson 
against  and  from  any  and  all  legal  damages,  judgments,  decrees,  costs 
and  expenses  of  the  same,  which  it  may  suffer,  or  which  may  be  recov- 
ered or  obtained  against  the  said  village  for  or  by  reason  of,  or  grow- 
ing out  of,  or  resulting  from  the  passage  of  this  ordinance,  or  any  mat- 
ter or  thing  connected  therewith,  or  with  the  exercise  by  said  com- 
pany of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  said 
company,  its  servants  or  agents,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

1 11.  Who  bound  by  provisions.]  § n.  The  provisions  of 
this  ordinance  shall  be  equally  binding  on  said  Circle  Railway  Com- 
pany, its  successors,  lessees  and  assigns. 

T 12.  When  in  force — acceptance.]  § 12.  This  ordinance 
shall  take  effect  and  be  in  force  when  and  as  soon  as  said  company 
shall  file  with  the  clerk  of  the  village  of  Jefferson  its  acceptance  of 
this  ordinance,  and  if  said  company  shall  not  file  such  acceptance  with 
said  clerk  within  sixty  days  after  the  passage  and  approval  of  this  ordi- 
nance, then  this  ordinance  shall  become  and  be  void. 

Note. — See  following  supplemental  ordinance. 

An  ordinance  supplemental  to  an  ordinance  authorizing  the  Chicago  Circle 

Railway  company  of  Chicago  to  build  its  line  of  railway  through  a portion 

of  the  village  of  Jefferson,  passed  June  24,  1889.  (Passed  July  1,  1889. 

Accepted  July  1,  1889.) 

Route  amended.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Jefferson:  § 1.  That  section  one 

of  an  ordinance  authorizing  the  Chicago  Circle  Railway  Company  of 
Chicago  to  build  its  line  of  road  through  a portion  of  the  village  of 
Jefferson,  passed  June  24,  1889,  approved  June  24,  1889,  and  published 
June  29,  1889,  be  amended  to  read  as  follows,  to  wit: 

§ 1.  That  permission  and  authority  be  and  the  same  is  hereby 
granted  to  the  Chicago  Circle  Railway  Company  of  Chicago  to  con- 
struct, lay  down,  maintain  and  operate  with  steam  power,  a railway 
with  one  or  more  tracks,  upon  land  now  owned  or  hereafter  to  be 
acquired  by  said  railway  company,  over  and  upon  the  following  route 
in  said  village  of  Jefferson,  to  wit: 

Commencing  at  a point  on  the  Chicago,  Milwaukee  and  St.  Pau\ 
Railway  Company’s  right  of  way,  at  or  near  Cragin  in  said  village  of 
Jefferson;  thence  north  and  westerly  through  sections  33,  28,  29  and 
20,  in  said  village,  to  a point  near  the  Cook  county  farm ; thence  north 
and  easterly  through  sections  17,  18,  8 and  Caldwell’s  Indian  Reser- 
vation near  the  south  boundary  line  to  a point  near  Forest  Glen;  thence 
south  and  east  along  the  north  branch  of  the  Chicago  river  to  a point 
nearing  Deering  station  in  the  city  of  Lake  View. 


440 


RAILROADS. 


CHICAGO  & EASTERN  ILLINOIS  RAILROAD  COMPANY. 

§ 220.  Chicago  & Eastern  Illinois  Railroad  company. 

Tf  i.  Grant — route — damages — crossings — culverts. 

■ft  2.  When  in  force — bond — conditions. 

An  ordinance  granting  permission  to  the  Chicago  & Eastern  Illinois  Railroad 
company  to  locate,  construct  and  operate  a line  of  railroad  in  the  village  of 
Hyde  Park.  (Passed  and  approved  November  27,  1882.  Bond  accepted 
November  27,  1882.) 

1 1.  Grant— route— damages— crossings— culverts.]  Be  it  or- 
dained by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park:  § 1.  That  permission  be,  and  is  hereby  granted  to  the  Chicago 
and  Eastern  Illinois  Railroad  Company  to  locate,  construct  and  lay 
down,  and  forever  hereafter  operate  with  steam  power,  a line  of  rail- 
road, with  one  or  more  tracks,  upon  the  following  routes,  namely: 
Commencing  at  a point  in  said  village  of  Hyde  Park,  on  the  line  of 
the  Chicago  and  Western  Indiana  Railroad  south  of  the  river  Calu- 
met, and  run  to  the  distillery  on  said  river  and  located  at  Riverdale, 
and  cross  the  Thornton  road  at  right  angles,  at  a point  about  one 
hundred  and  twenty-one  feet  south  of  the  south  bank  of  the  river 
Calumet,  with  the  right  on  the  part  of  said  railroad  company  to  oc- 
cupy and  cross  all  streets  and  alleys,  which  are  necessary  to  be  occu- 
pied or  crossed  in  the  construction  of  said  railroad:  Provided,  said 

railroad  company  shall  pay  any  and  all  damages  arising  from  or  in  any 
way  growing  out  of  such  taking  or  using  such  portion  of  such  streets 
or  alleys,  or  any  of  them,  to  any  and  all  persons  injured  or  damaged 
by  the  same;  and:  Provided,  said  railroad  company  shall  construct 

and  maintain  good  and  convenient  crossings  and  sidewalks,  and  upon 
such  grade  or  grades  as  may  be  from  time  to  time  required  by  the 
board  of  trustees,  as  well  as  cattle  guards,  culverts  and  warning  boards 
across  the  tracks  and  grounds  at  the  intersection  of  all  streets  and 
alleys  now  existing,  or  which  may  hereafter  be  authorized  or  opened 
by  said  board,  and  comply  with,  and  be  subject  to,  all  laws  and  ordi- 
nances of  said  village  now  in  force,  or  which  may  hereafter  be  adopted. 

% 2.  When  in  force — bond — conditions.]  § 2.  This  ordinance 
shall  not  take  effect  until  after  said  railroad  company  shall  have  en- 
tered into  a bond  with  said  village  of  Hyde  Park,  in  the  penal  sum 
of  twenty-five  hundred  dollars,  conditioned  for  the  payment  of  all  dam- 
ages for  which  said  village  of  Hyde  Park  may  become  liable  to  any 
person  or  persons,  by  reason  of  the  said  railroad  entering  or  running 
through  a portion  of  said  village  of  Hyde  Park,  or  by  reason  of  said 
railroad  company  constructing,  laying  down,  using  or  occupying  said 
railroad  track  or  tracks  in  said  village  of  Hyde  Park,  and  conditioned, 
also,  for  the  payment  of  all  damages  which  may  arise  to  the  said  vil- 
lage of  Hyde  Park,  and  to  any  person  or  persons  whomsoever,  by  rea- 
son of  said  railroad  company  constructing,  laying  down,  maintaining, 
using  and  occupying  said  railroad  track  or  tracks,  or  crossing  said 
streets  or  alleys  within  said  village  of  Hyde  Park. 


§§  221,222]  CHICAGO  & EASTERN  ILLINOIS  RAILROAD  COMPANY.  441 

§ 221.  Chicago  & Eastern  Illinois  Railroad  company. 

f i.  Ditch  to  be  made  and  kept  open.  , 

\ 2.  Supervision. 

] 3.  Penalty  for  failure  to  complete. 

P 4.  Penalty  for  failure  to  keep  open. 

An  ordinance  requiring  the  Chicago  & Eastern  Illinois  Railroad  company  to 

make  and  keep  open  a ditch  along  its  track.  (Passed  February  28,  1887.) 

1 1.  Ditch  to  be  made  and  kept  open.]  Be  it  ordained  by 
the  president  and  board  of  trustees  of  the  village  of  Fernwood:  § i. 

That  the  Chicago  and  Eastern  Illinois  Railroad  Company  be  and  is 
hereby  required  to  make,  within  two  months  after  this  ordinance  shall 
take  effect,  and  to  keep  open  and  in  repair  a ditch  on  the  west  side 
of  and  along  its  railroad  track  from  Tracy  avenue  to  Ninety-ninth 
street  in  the  village  of  Fernwood;  which  ditch  shall  be  not  less  than 
four  feet  wide  on  the  bottom,  and  shall  be  of  uniform  and  regular  grade 
and  descent  throughout  the  whole  length  thereof,  from  the  grade  of 
the  present  ditch  at  the  north  side  of  Tracy  avenue  on  the  west  side 
of  said  track,  to  that  of  the  ditch  on  Ninety-ninth  street,  where  it  is 
crossed  by  said  railroad. 

IT  2.  Supervision.]  § 2.  That  said  work  shall  be  done  under 
supervision  of  the  street  commissioner  of  the  village  of  Fernwood. 

1 3.  Penalty  for  failure  to  complete.]  § 3.  That  the  Chi- 
cago and  Eastern  Illinois  Railroad  Company  shall  be  liable  to  pay  to 
the  village  of  Fernwood  a penalty  of  ten  dollars  per  day  for  every  day 
said  ditch  shall  remain  incomplete  after  the  expiration  of  two  months 
from  the  time  this  ordinance  shall  take  effect,  to  be  recovered  by  suit 
in  any  court  of  competent  jurisdiction. 

IT  4.  Penalty  for  failure  to  keep  open.]  § 4.  That  said  rail- 
road company  shall  be  liable  to  pay  to  the  village  of  Fernwood  a pen- 
alty of  not  less  than  five  nor  more  than  twenty  dollars  per  day,  for 
every  day  that  it  shall  neglect  or  fail  to  keep  open  or  in  repair  the  said 
ditch  when  made,  after  the  expiration  of  five  days  from  the  giving  of 
written  notice  by  the  street  commissioner  of  said  village  to  any  officer 
of  said  railroad  company  to  so  keep  the  said  ditch  open  or  in  repair, 
to  be  recovered  by  suit  in  any  court  of  competent  jurisdiction. 

§ 222.  Chicago  & Eastern  Illinois  Railroad  company. 

1 1.  Grant— Fourth  avenue— conditions— removal  of  tracks. 

If  2.  When  in  force. 

An  ordinance  authorizing  the  Chicago  & Eastern  Illinois  Railroad  company  to 

lay  a track  and  two  switches  in  Fourth  avenue  south  of  Twelfth  street. 

(Passed  November  12,  1888.  Accepted  December  3,  1888.) 

1 1.  Grant— Fourth  avenue— conditions— removal  of  tracks.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
the  Chicago  & Eastern  Illinois  Railroad  Company  be,  and  is  hereby 
authorized  and  empowered  to  lay  down,  maintain  and  operate  a single 
railroad  track  together  with  two  switches  necessary  to  operate  said 


442 


RAILROADS. 


[§  223 


track  crossing  Fourth  avenue,  south  of  Twelfth'  street,  as  hereinafter 
specifically  designated,  to  wit:  Commencing  with  a single  track  at  a 
point  of  connection  with  the  track  now  on  said  avenue,  about  135  feet 
southerly  from  a point  directly  opposite  the  northeast  corner  of  what 
is  known  as  Severn’s  elevator,  thence  extending  north  and  west  and 
branching  into  three  tracks  connecting  with  a system  of  tracks  on  the 
grounds  known  as  the  Chicago,  Rock  Island  & Pacific  Railroad  Com- 
pany’s freight  house  grounds.  Said  tracks  shall  not  be  laid  so  as  to 
interfere  with  public  travel  in  said  street. 

Provided,  however,  that  said  Chicago  & Eastern  Illinois  Railroad 
Company  shall  cause  to  be  laid  the  track  and  switches  heretofore  des- 
ignated in  the  first  section  of  this  ordinance  within  thirty  (30)  days 
from  the  acceptance  of  this  ordinance;  and,  provided,  further,  the  said 
Chicago  & Eastern  Illinois  Railroad  Company  shall  remove,  or  cause 
to  be  removed,  the  track  across  Clark  street  which  connects  said  freight 
house  grounds  with  the  tracks  of  the  Chicago,  Rock  Island  & Pacific 
Railroad  Company,  lying  on  the  west  side  of  Clark  street,  within  sixty 
(60)  days  from  the  time  when  the  said  company  shall  commence  to 
lay  the  tracks  on  Fourth  avenue,  and  the  commissioner  of  public 
works  shall  be  and  is  hereby  authorized  to  remove  said  tracks  on  Clark 
street,  if  the  said  Chicago  & Eastern  Illinois  Railroad  Company  shall 
not  remove  the  same  within  the  time  herein  designated ; and,  provided, 
further,  that  the  said  Chicago  & Eastern  Illinois  Railroad  Company 
shall  restore  the  paving  and  sidewalk  upon  Clark  street  and  the  paving 
of  Fourth  avenue,  where  disturbed  by  the  removal  of  said  track  across 
Clark  street,  and  by  the  building  of  said  tracks  on  Fourth  avenue,  to  as 
good  a condition  as  may  be  practicable,  and  to  the  satisfaction  of  the 
department  of  public  works. 

2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CHICAGO  & GREAT  WESTERN  RAILROAD  COMPANY. 

(La  Salle  & Chicago  Railroad  company.) 

§ 223.  Chicago  & Great  Western  Railroad  company.  (La  Salle 
& Chicago  Railroad  company. ) 

^ 1.  Grant — route — depot  grounds  of  another  company. 

% 2.  Crossing  streets  and  alleys. 

T|  3.  Authority  to  operate — motive  power. 

4.  Authority  to  depress  tracks — viaducts. 

4 5.  Subject  to  ordinances, 
f 6.  Indemnity. 

7.  Damages  to  private  property — suits  to  ascertain. 

8.  Side  tracks. 

9.  Joint  user — terms. 

10.  Purchase  of  property — option  of  owner  to  sell — arbitration. 


§ 223]  CHICAGO  & GREAT  WESTERN  RAILROAD  COMPANY.  443 

An  ordinance  concerning  the  La  Salle  & Chicago  Railroad  company.  (Passed 

May  13,  1872.) 

T 1.  Grant— route— depot  grounds  of  another  company.]  Be 

it  ordained  by  the  common  council  of  the  city  of  Chicago:  § I.  That 

permission  and  authority  be,  and  the  same  are  hereby,  given  and 
granted  unto  the  La  Salle  and  Chicago  Railroad  Company  to  lay 
down,  maintain  and  operate  one  or  more  railroad  tracks  along  and 
upon  the  following  named  route  and  streets  in  the  city  of  Chicago,  to 
wit:  Commencing  at  the  western  city  limits,  adjacent  to  the  right 

of  way  of  the  Chicago,  Burlington  and  Quincy  Railroad  Company, 
thence,  as  near  as  practicable,  to  the  said  Chicago,  Burlington  and 
Quincy  Railroad  tracks  to  Rebecca  street,  thence  on  the  south  half 
of  Rebecca  street  to,  or  near,  the  east  end  of  Rebecca  street,  thence 
to  Meagher  street;  thence  on  the  south  side  of  Meagher  street  (and 
on  the  alleys  between  Johnson  and  Halsted  streets,  running  on  a line 
nearly  due  west  of  Meagher  street)  and  across  Meagher  street  into 
Stewart  avenue;  thence  north  on  Stewart  avenue  and  Beach  street  to 
Harrison  street;  thence  north  across  Harrison  street  on  the  east  side 
of  the  tracks  of  the  Pittsburgh,  Fort  Wayne  and  Chicago  Railroad 
Company,  on  any  property  said  La  Salle  and  Chicago  Railroad  Com- 
pany may  acquire  by  purchase,  condemnation  or  otherwise,  to  the 
south  line  of  West  Adams  street;  Provided,  that  the  La  Salle  and 
Chicago  Railroad  Company  shall  not  in  entering  the  city  occupy  or 
cross  the  depot  grounds  of  another  company. 

1 2.  Crossing  streets  and  alleys.]  § 2.  The  said  railroad 
company  may  cross  any  and  all  streets  and  alleys  and  railroad  tracks 
upon  or  along  the  line  of  its  said  route.  Said  company  to  be  subject 
to  the  directions  of  the  board  of  public  works  of  said  city,  in  the  con- 
struction of  its  said  tracks  and  the  keeping  in  repair  of  so  much  of  said 
streets,  alleys  and  crossings  as  may  be  occupied  by  said  railroad  com- 
pany with  its  tracks,  switches  and  turnouts. 

If  3.  Authority  to  operate — motive  power.]  § 3.  The  said 
railroad  company  may,  and  it  is  hereby  authorized  to,  lay  down,  main- 
tain and  operate  one  or  more  railroad  tracks,  with  such  turnouts,  side 
tracks,  switches  and  turn  tables  as  it  shall  deem  necessary,  over  or 
across  any  land  which  it  may  acquire  upon  the  line  of  said  route,  or 
said  streets,  or  between  the  same  on  the  line  of  said  route,  either  by 
purchase,  condemnation  or  otherwise,  and  the  said  railroad  company 
may  use  and  operate  its  railroad  tracks,  hereby  authorized  to  be  laid, 
with  locomotive  engines  and  cars,  or  with  horse  or  other  animal  power, 
as  it  shall  deem  proper,  subject  to  all  ordinances  of  the  city  of  Chicago 
applicable  to  railroads  similarly  situated. 

1 4.  Authority  to  depress  tracks— viaducts.]  § 4.  The  said 
railroad  company  shall  have  the  right,  and  is  hereby  authorized,  to 
depress  its  tracks,  to  bridge  the  cross  streets  over  said  tracks,  and  to 
employ  such  other  means  as  to  such  cross  streets  as  it  may  deem  neces- 
sary to  secure  quick  transit,  under  the  direction  and  superintendence 


444 


RAILROADS. 


[§  223 


of  the  board  of  public  works  of  the  city  of  Chicago,  and  all  bridges, 
when  erected,  with  the  approaches  thereto,  shall  belong  to,  and  be  the 
property  of  the  city  of  Chicago.  Convenient  crossings  shall  be  made 
and  maintained  by  said  company  where  said  track  or  tracks  cross  any 
street  or  alley  within  said  city,  according  to  the  directions  of  the  board 
of  public  works  of  said  city;  but  the  permission  and  authority  herein 
granted  are  upon  the  express  condition  that  the  said  company  shall 
erect  viaducts  over  its  said  tracks  on  any  street  or  streets  of  said  city 
which  may  be  crossed  by  its  said  tracks  where  and  as  the  said  board 
of  public  works  or  the  common  council  may  from  time  to  time  require  ; 
Provided,  that  said  viaducts  shall  have  approaches  thereto  on  either 
side  thereof;  said  approaches  to  have  an  elevation  of  not  more  than 
one  foot  to  every  forty  feet  in  length,  and  that  said  approaches  to  said 
viaduct  or  viaducts  shall  likewise  be  erected,  built  and  maintained  at 
the  expense  of  said  railroad  company;  Provided,  however,  that  said 
company  shall  not  be  required  to  erect  more  than  two  of  such  viaducts 
in  any  one  year;  and  that  where  such  viaducts  cannot  be  built  at  any 
such  crossing  without  the  same  be  built  over  the  track  or  tracks  of 
some  other  railway  company  or  companies,  then  said  company  shall 
only  be  obliged  to  join  with  such  other  last  mentioned  railroad  com- 
pany or  companies,  and  to  pay  its  fair  proportion  of  the  costs  of  such 
viaduct  or  viaducts,  and  that  such  viaducts  shall  be  erected  under  the 
superintendence  of  and  in  such  manner  as  said  board  of  public  works 
may  require;  but  it  is  hereby  provided  that  the  first  two  viaducts  to  be 
erected  in  pursuance  of  this  ordinance  shall  be,  one  over  the  Canal 
street  crossing  and  one  over  the  Halsted  street  crossing,  and  that  if  a 
viaduct  shall  be  built  over  the  said  Canal  street  crossing  before  said 
La  Salle  and  Chicago  Railroad  shall  lay  down  a track  across  said 
Canal  street,  the  said  La  Salle  and  Chicago  Railroad  Company  shall 
pay  its  fair  proportion  (with  other  railroad  companies)  of  the  costs  of 
said  last  mentioned  viaduct. 

IT  5.  Subject  to  ordinances.]  § 5.  The  said  railroad  company 
shall  be  subject  to  all  general  laws  and ‘ordinances  of  the  common 
council  of  the  said  city,  in  relation  to  railroads. 

IT  6.  Indemnity.]  § 6.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  LaSalle 
and  Chicago  Railroad  company  shall  and  will  forever  indemnify  and 
save  harmless  the  city  of  Chicago  against  and  from  any  and  all  dam- 
ages, judgments,  decrees  and  costs  and  expenses  of  same  which  it  may 
suffer  or  which  may  be  recovered  or  obtained  against  said  city  for  or 
by  reason  of  the  granting  of  such  privileges  and  authority,  or  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from  the  passage  of  this  or- 
dinance or  any  matter  or  thing  connected  therewith,  or  with  the  exer- 
cise by  the  said  company  of  the  privileges  hereby  granted. 

«[[  7.  Damages  to  private  property— suits  to  ascertain.] 
§ 7.  The  permission  and  authority  herein  granted  are  upon  the  fur- 
ther express  condition  that  said  railroad  company  shall  and  will,  with- 


§ 223]  CHICAGO  & GREAT  WEStERN  RAILROAD  COMPANY.  445 

in  three  years  from  the  time  that  said  company  shall  lay  down  and  con- 
struct said  track  or  tracks  upon  said  streets,  commence  and  prosecute 
in  good  faith,  in  some  court  of  competent  jurisdiction,  proceedings  for 
the  ascertainment  of  and  the  making  of  compensation  for  all  legal  dam- 
ages that  may  be  suffered  by  any  person  or  persons  in  their  property 
or  possessions  by  reason  of  such  laying  down  and  construction  of  such 
track  or  tracks,  or  any  part  thereof;  and  that  having  so  commenced 
such  proceedings  said  railroad  company  shall  prosecute  the  same  in 
good  faith,  without  unreasonable  delay,  to  completion;  Provided,  that 
this  section  shall  not  apply  to  any  property  or  possessions  the  owner  of 
or  party  interested  in  which  shall  not  have  claimed  such  compensation 
within  said  three  years. 

T 8.  Side  tracks.]  § 8.  The  permission  and  authority  herein 
granted  are  upon  the  further  express  condition,  to  wit:  That  said  La 
Salle  and  Chicago  Railroad  company  shall  permit  any  corporation, 
person  or  persons,  duly  authorized  by  ordinance  of  said  city,  to  con- 
struct side  tracks  to  intersect  any  track  or  tracks  of  said  railroad  com- 
pany, within  the  limits  of  said  city,  for  the  purpose  of  conveying  prop- 
erty to  and  from  said  railroad  to  any  warehouse,  lumber  yard,  coal 
yard  or  manufactory  situated  within  one  thousand  (1,000)  feet  of  such 
railroad,  and  upon  reasonable  compensation  being  made  therefor  shall 
at  all  times  permit  the  owner  or  lessees  of  any  such  side  track,  or  the 
consignees  of  any  property,  to  take  the  cars  containing  such  property 
to  him  or  them  consigned  to  any  such  warehouse,  lumber  yard,  coal 
yard  or  manufactory  situated  upon  any  such  side  track;  and  that  any 
such  owner,  lessee  or  person  conducting  or  carrying  on  any  such  ware- 
house, lumber  yard,  coal  yard  or  manufactory  shall  be  entitled  to  have 
any  property  taken  from  any  such  warehouse,  lumber  yard,  coal  yard 
or  manufactory  over  any  such  side  track  to  and  upon  the  track  of  said 
railroad,  under  the  direction  and  regulations  of  said  La  Salle  and  Chi- 
cago Railroad  Company,  without  unreasonable  delay;  Provided,  how- 
ever, that  any  cars  so  taken  shall  be  returned  without  any  unnecessary 
delay. 

1~  9*  Joint  user— terms.]  § 9.  The  privileges  authorized  here- 
in are  granted  upon  the  express  condition  that  the  La  Salle  and  Chica- 
go Railroad  Company  shall  permit  any  other  railroad  companies,  not 
exceeding  two  in  number,  which  have  not  at  present  any  right  of  en- 
trance into  the  city  of  Chicago  under  any  ordinance  or  grant  of  said 
city,  to  use  the  said  tracks  hereby  authorized  to  be  laid  on  the  streets 
herein  named  jointly  with  the  said  LaSalle  and  Chicago  Railroad  Com- 
pany (and  to  lay  down  tracks  upon  and  across  any  lands  owned,  leased 
or  occupied  by  the  said  LaSalle  and  Chicago  Railroad  Company,  when 
necessary  to  the  exercise  of  the  privileges  hereby  granted),  upon  such 
fair  and  equitable  terms  as  may  be  agreed  upon  by  said  companies; 
and  in  the  event  that  said  companies  cannot  agree  upon  such  terms,  the 
same  shall  be  settled  by  three  disinterested  persons,  one  to  be  selected 
by  said  La,  Salle  and  Chicago  Railroad  Company,  one  to  be  named  by 


446 


RAILROADS. 


[§  224 

such  other  company  as  may  desire  to  use  said  tracks,  and  the  third  by 
the  said  two  persons,  and  the  terms  and  conditions  which  shall  be  fixed 
and  determined  by  said  persons,  or  a majority  of  such  persons,  shall  be 
the  terms  and  conditions  upon  which  said  companies  respectively  shall 
use  and  occupy,  said  tracks  and  lay  down  tracks  upon  and  across  said 
lands;  and  such  other  railroad  companies  which  may  be  allowed  the 
use  of  said  tracks  shall  have  the  same  privileges  to  run  cars  upon  and 
across  said  streets  and  alleys  as  are  herein  granted  to  said  La  Salle 
and  Chicago  Railroad  Company,  and  shall  be  subject  to  all  the  con- 
ditions, restrictions  and  terms  contained  in  this  ordinance. 

T 10.  Purchase  of  property— option  of  owner  to  sell — arbi- 
tration.] § 10.  The  rights  and  privileges  hereby  granted  are  upon 
the  further  express  condition  that  the  La  Salle  and  Chicago  Railroad 
Company  shall  purchase  (and  pay  for  the  same),  from  all  resident 
owners  who  may  desire  to  sell  the  same,  the  property  upon  which  they 
respectively  now  reside,  fronting  upon  any  street,  before  it  lays  its 
tracks  upon  the  part  of  said  street  in  front  of  the  said  property,  and  in 
case  the  property  owners  above  referred  to  and  said  railroad  company 
cannot  agree  upon  the  value  of  said  premises  as  above  stated,  then  said 
property  owners  shall  select  one  person,  said  railroad  company  one  per- 
son, and  said  two  men  so  selected  shall  select  a third  person,  and  said 
three  persons  so  selected  shall  be  and  are  hereby  constituted  a com- 
mittee of  arbitration,  and  who  shall  appraise  the  value  of  said  prem- 
ises within  thirty  (30)  days  after  said  appointment,  and  the  appraise- 
ment and  decision  of  said  three  persons,  or  of  a majority  of  such  three 
persons,  shall  be  final  and  binding  upon  said  railroad  company,  and 
upon  said  property  owners.  The  term  “fronting”  shall  be  held  to  in- 
clude both  fronts  of  corner  lots;  Provided,  further,  that  this  ordinance 
shall  be  null  and  void  unless  the  tracks  herein  provided  for  shall  be 
constructed  within  two  years  from  the  date  of  the  passage  thereof. 
Note. — See  following  amendatory  ordinance. 

§ 224.  Chicago  & Great  Western  Railroad  company.  (La  Salle 
& Chicago  Railroad  company.) 

*|T  1.  Preamble — amendatory. 

*[  2.  Additional  grant — route — track  laying  in  streets. 

t 3.  Crossing  tracks,  streets,  etc. — subject  to  limitations. 

*([  4.  Repeal  of  part  of  ordinance — conditions. 

An  ordinance  to  amend  an  ordinance  entitled  “An  ordinance  concerning  the 
La  Salle  & Chicago  Railroad  company,”  passed  May  13,  1872.  (Passed 
May  11,  1885.  Accepted  July  6,  1885,  by  the  Chicago  & Great  Western 
Railroad  company.)  i 

Preamble.]  Whereas,  The  name  of  the  La  Salle  and  Chi- 
cago Railroad  Company  has  been,  under  and  by  virtue  of  the  statute 
in  such  case  made  and  provided,  changed  to  the  “Chicago  and  Great 
Western  Railroad  Company,”  which  is  now  the  name  of  said  corpora- 
tion: Therefore,  be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: 


224] 


CHICAGO  & GREAT  WESTERN  RAILROAD  COMPANY. 


447 


% 1.  Amendatory.]  § i.  That  an  ordinance  entitled  “An  or- 
dinance concerning  the  La  Salle  and  Chicago  Railroad  Company,” 
passed  May  13,  A.  D.  1872,  be  and  is  hereby  amended  by  the  insertion 
of  the  words,  “now  the  Chicago  and  Great  Western  Railroad  Com- 
pany,” immediately  after  the  words,  the  “La  Salle  and  Chicago  Rail- 
road Company,”  whenever  said  last  mentioned  words  occur  in  said 
original  ordinance;  also  by  substituting  the  words,  “department  of  pub- 
lic works,”  in  place  of  the  words,  “board  of  public  works,”  whenever 
said  last  mentioned  words  occur  in  said  original  ordinance;  also  bv  the 
insertion  of  the  words,  “or  shall  make  any  and  all  necessary  extensions 
of  viaducts  already  constructed,”  immediately  after  the  words,  “shall 
erect  viaducts  over  its  said  tracks,”  in  section  4 of  said  original  or- 
dinance; also  by  the  insertion  of  the  words,  “such  viaducts  shall  be 
so  erected  or  so  extended,”  in  place  of  the  words,  “such  viaducts  shall 
be  erected,”  in  section  4 of  said  original  ordinance;  also  by  adding  to 
section  6 of  said  original  ordinance  the  following:  “or  from  the  erec- 
tion or  extension  of  viaducts  over  the  tracks  of  said  company,  or  the 
approaches  thereto,  or  from  any  act  or  acts  of  the  said  company, 
under  or  by  virtue  of  the  provisions  hereof;  also  by  the  insertion  of 
the  words,  “the  property  upon  which  they  respectively  reside,”  in  place 
of  the  words,  “the  property  upon  which  they  respectively  now  reside,” 
in  section  10,  of  said  original  ordinance. 

1"  2.  Additional  grant  — route  — track  laying  in  streets.] 

§ 2.  That  in  addition  to  the  permission  and  authority  given  and 
granted  to  said  company,  in  and  by  said  original  ordinance,  and  still 
held  by  said  company  to  lay  down  tracks  within  said  city,  further  per- 
mission and  authority  be  and  is  hereby  given  and  granted  to  said  rail- 
road company,  to  lay  down,  maintain  and  operate  one  or  more  rail- 
road tracks  with  the  necessary  and  convenient  side  tracks,  switches  and 
appurtenances  over,  upon  and  along  such  property  as  it  now  holds, 
or  has  acquired  the  right  to  lay  tracks  upon,  or  which  it  may  hereafter 
acquire  by  purchase,  condemnation  or  otherwise,  over,  along  and 
upon  the  following  route:  Commencing  at  the  west  line  of  said  city 
of  Chicago,  at  some  convenient  point  to  be  selected  by  said  railroad 
company,  between  West  Twelfth  street  and  the  line  of  West  Polk 
street,  extended  west  to  the  city  limits;  thence  to  or  near  the  tracks  of 
the  Pittsburg,  Cincinnati  and  St.  Louis,  and  the  Chicago  and  North- 
western Railroads;  thence  southerly  and  easterly  and  within  six  hun- 
dred (600)  feet  of  the  said  last  mentioned  tracks  to  Wood  street;  thence 
easterly  and  between  the  tracks  of  the  Chicago,  Burlington  and  Quincy 
Railroad  Company  and  the  line  of  the  alleys  running  east  and  west 
through  the  tier  of  blocks  bounded  on  the  north  by  West  Fifteenth 
street  to  Morgan  street ; thence  easterly  and  between  the  tracks  of  said 
Chicago,  Burlington  and  Quincy  Railroad,  and  the  center  line  of  the 
blocks  bounded  north  by  Wright  street,  to  or  near  Stewart  avenue; 
thence  by  such  curves  as  may  be  necessary,  and  northerly  and  easterly, 
and  between  Canal  street  and  Fifth  avenue  to  Van  Buren  street  on 


448  RAILROADS.  [§  22$ 

the  west  side,  or  Harrison  street  on  the  east  side  of  the  Chicago  river; 
with  a branch  from  said  main  line,  at  some  convenient  point  between 
Rockwell  and  Leavitt  streets,  southerly  to  the  city  limits  of  the  city 
of  Chicago;  Provided,  however,  that  not  more  than  two  of  said  main 
tracks  with  switches  and  side  tracks  shall  be  laid  longitudinally  in  any 
street  or  streets  upon  said  original  route,  and  that  said  tracks  shall 
all  be  laid  as  near  as  practicable  to  the  north  end  of  the  viaducts  over 
Canal  and  Halsted  streets  and  Blue  Island  and  Center  avenues. 

1 3.  Crossing  tracks,  streets,  etc.— subject  to  limitations.] 
§3-  The  said  railroad  company  may  cross  any  and  all  railroad  tracks, 
streets,  alleys  and  highways  upon  or  along  the  line  of  said  route,  but 
the  permission  and  authority  hereby  granted  shall  be  subject  to  all 
the  limitations  and  conditions  of  the  ordinance  to  which  this  is  an 
amendment,  except  as  the  same  may  be  expressly  repealed  by  this 
amended  ordinance. 

T 4.  Repeal  of  part  of  ordinance— conditions.]  § 4.  The 

proviso  contained  in  section  10  of  said  original  ordinance  is  hereby 
repealed,  and  in  lieu  thereof,  it  is  hereby  ordained  that  the  said  orig- 
nal  ordinance  and  this  amended  ordinance  shall  be  null  and  void,  un- 
less the  tracks  of  said  company  shall  be  constructed  from  the  terminal 
station  at  or  near  Harrison  street  to  the  southern  or  western  limits  of 
said  city  within  three  (3)  years  from  the  passage  of  this  amended  or- 
dinance; said  three  years  to  be  exclusive  of  any  and  all  delays  arising 
from,  or  occasioned  by  legal  proceedings  against  said  company  or  by 
the  acts  of  said  city  of  Chicago,  its  officers,  agents  and  servants. 

§ 225.  Chicago  & Great  Western  railroad. 

1[  1.  Grant — route. 

11  2.  Grant  for  telegraph  line. 

11  3.  Subject  to  ordinances. 

If  4.  Ditches  and  culverts. 

11  5.  Opening  streets. 

If  6.  Time  of  completion. 

1[  7.  When  in  force. 

An  ordinance  granting  right  of  way  to  the  Chicago  & Great  Western  Railroad 
company.  (Passed  September  5,  1885.) 

T Grant  — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Cicero:  § 1.  That  permission  and  authority  be  and 
the  same  are  hereby  granted  to  the  Chicago  and  Great  Western  Rail- 
road Company,  its  grantees,  lessees,  successors  and  assigns,  to  lay 
down,  maintain  and  forever  use  and  operate  with  steam  power  one  or 
more  railroad  tracks  with  the  necessary  side  tracks,  switches  and  ap- 
purtenances over,  upon  and  along  such  property  as  it  now  holds,  or 
which  it  may  hereafter  acquire  by  purchase,  condemnation  or  other- 
wise on  the  following  routes,  that  is  to  say: 

Commencing  at  the  east  boundary  line  of  said  town  of  Cfcero  at 
some  convenient  point  to  be  selected  by  said  railroad  company  be- 
tween the  north  line  of  West  Twelfth  street  and  the  south  line  of  West 


449 


§ 225]  CHICAGO  & GREAT  WESTERN  RAILROAD  COMPANY. 

Polk  street  extended  west  to  the  city  limits  of  Chicago;  thence  west 
and  westerly  through  section  fifteen,  town  thirty-nine  north,  range 
thirteen,  east  of  the  third  P.  M.,  between  the  north  line  of  Twelfth 
and  the  south  line  of  West  Polk  streets  extended  west  through  said 
section  fifteen;  thence  through  that  part  of  section  sixteen  in  said  town 
and  range  lying  south  of  the  abandoned  right  of  way  of  the  St.  Charles 
Air  Line  Railroal;  thence  through  the  south  half  of  section  seventeen 
in  said  town  and  range  and  the  south  three-quarters  of  section  eighteen 
in  said  town  and  range  to  the  west  line  of  said  town  of  Cicero. 

Also  another  line  upon  the  following  route,  that  is  to  say:  Com- 

mencing at  some  convenient  point  to  be  selected  by  said  railroad  com- 
pany on  the  line  of  the  Illinois  and  Michigan  canal  on  the  east  half  of 
section  thirty-six,  in  town  thirty-nine  north,  range  thirteen,  in  said 
town  of  Cicero,  and  running  thence  southerly  over  and  across  that  part 
of  said  east  half  of  said  section  thirty-six  lying  south  of  said  Illinois 
and  Michigan  canal. 

And,  also,  at  any  and  all  times  hereafter,  to  lay  down  upon  ad- 
joining lands  which  it  may  acquire,  and  maintain  and  forever  use  such 
switches,  sidings,  turnouts,  yards  and  track  connections  with  any  rail- 
road now  or  hereafter  constructed. 

And  for  said  purposes  the  right  is  hereby  granted  to  cross  with 
said  tracks  all  of  the  streets,  highways,  alleys  and  railroad  tracks  upon 
or  along  the  line  of  said  routes,  switches,  sidings,  turnouts,  yards  and 
track  connections. 

If  2.  Grant  for  telegraph  line.]  § 2.  Permission  is  also 
hereby  granted  to  the  said  Chicago  and  Great  Western  Railroad  Com- 
pany, its  grantees,  lessees,  successors  and  assigns  to  erect  and  forever 
maintain  and  use  a telegraph  line  consisting  of  one  or  more  lines  of 
wire,  with  necessary  poles  along  said  lines  of  said  railroad  company,  on 
the  different  routes  hereinbefore  designated. 

One  (1)  wire  shall  be  furnished  and  attached  to  the  telegraph 
poles  of  the  company  for  the  exclusive  use  of  the  town  officials  of  the 
town  of  Cicero,  when  so  ordered  by  the  town,  as  a telephone  wire,  the 
original  and  actual  cost  of  the  wire,  as  also  the  cost  of  maintenance  of 
same,  to  be  paid  by  the  town,  as  and  when  the  material  is  furnished 
and  the  expenses  are  incurred  by  the  railroad  company. 

If  3.  Subject  to  ordinances.]  § 3.  Said  railroad  company, 
its  grantees,  lessees  and  successors  shall  keep  and  perform  all  laws 
and  ordinances  obligatory  and  binding  upon  it  to  be  kept  and  per- 
formed, pertaining  to  the  management,  regulation  and  control  of  rail- 
road and  telegraph  companies,  and  also  in  respect  to  ditches,  drains 
and  sewers,  and  the  suitable  and  proper  maintenance  of  street  and  rail- 
way crossings  and  the  proper  police  and  health  regulations  of  said 
town. 

If  4.  Ditches  and  culverts.]  § 4.  A ditch  on  the  north  side 
of  said  track  or  tracks  shall  be  constructed  and  maintained  by  said 
company  so  as  to  constitute  perfect  drainage  into  the  ditches  and 


4j0 


RAILROADS. 


[§  2 25 


sewers  running  north  and  south  under  said  right  of  way,  and  good, 
well-built  stone  culverts,  at  least  six  feet  in  width,  shall  be  constructed 
by  said  railroad  company  free  of  expense  to  the  town  where  the  right 
of  way  crosses  the  west  ditch  on  40th  street,  also  culverts  of  like  char- 
acter into  the  west  (niches  at  48th  street,  Robinson  avenue,  Central 
avenue,  Ridgeland,  Oak  Park,  Austin  avenues,  and  east  side  of  Harlem 
avenue,  and  good  substantial  rests  shall  also  be  laid  across  the  sewers 
on  Ridgeland  and  Oak  Park  avenues  so  as  to  protect  said  sewfcrs  from 
damage  by  the  running  of  trains,  and  wherever  said  town  shall  de- 
cide to  cross  said  right  of  way  either  by  the  extension  of  avenues, 
streets  or  alleys  now  existing,  or  by  the  opening  of  new  ones  and  cul- 
verts shall  be  necessary  for  suitable  drainage,  it  shall  be  the  duty  of 
said  company  to  construct  such  culverts  at  its  own  expense  promptly 
upon  being  notified  to  do  so. 

If  5.  Opening  streets.]  § 5.  Be  it  further  ordained  that 
when  the  town  of  Cicero  shall  deem  it  necessary  to  open  new,  or  ex- 
tend old,  streets,  avenues  or  alleys  in  said  town,  across  the  right  of 
way  of  said  railroad  company,  except  in  section  sixteen,  and  that  part 
of  section  fifteen  lying  west  of  the  Belt  line,  it,  said  town,  shall  have 
the  right  to  do  so  free  of  charge  or  expense,  and  for  that  purpose  shall 
have  the  right  to  enter  upon  the  right  of  way  of  said  railroad  and  con- 
struct crossings  thereon,  which  crossings,  when  so  constructed,  to- 
gether with  all  crossings  of  streets,  avenues,  or  alleys  made  by  said 
company  in  constructing  its  road,  shall  be  kept  in  good  order  and  re- 
pair free  of  expense  to  the  town.  Nothing  in  this  ordinance  contained 
shall  be  construed  to  permit  said  road  to  occupy  any  avenue,  street  or 
alley  lengthwise,  that  is  shown  upon  any  plat  of  any  part  of  the  town. 

Tf  6.  Time  of  completion.]  § 6.  Further,  all  the  foregoing 
rights,  privileges  and  franchises  are  hereby  expressly  granted  upon 
condition  that  said  road  is  fully  completed  east  and  west  through  said 
town  within  three  years  from  the  date  of  this  ordinance,  and  in  case 
the  same  shall  not  be  done,  said  town  shall  have  full  right  and  power 
to  enter  upon  the  right  of  way  of  said  company  within  said  town  where 
the  same  crosses  or  occupies  any  avenue,  street,  alley  or  other  public 
place  and  remove  all  rails,  ties,  roadbed  or  anything  appertaining  or 
belonging  thereto,  and  restore  said  avenues,  streets,  alleys  or  places 
to  their  first  and  former  condition,  and  the  right  of  said  company  to 
all  the  rights  and  privileges  herein  granted  shall  at  once  cease  and 
determine,  and  this  ordinance  become  null  and  void. 

If  7.  When  in  force.]  § 7.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 


451 


§ § 226,  227]  CHICAGO  & GREAT  WESTERN  RAILROAD  COMPANY. 

§ 226.  Chicago  & Great  Western  Railroad  company. 

Tf  1.  Viaduct  at  Polk  street. 

An  ordinance  directing  the  construction  of  a viaduct  over  the  tracks  of  the 
Chicago  & Great  Western  Railroad  company  and  Fifth  avenue,  on  Polk 
street,  and  the  change  of  the  height  of  Polk  street  bridge,  and  the  grade  ot 
the  street  made  necessary  thereby.  (Passed  March  21,  1887.  Accepted 
March  28,  1887.) 

If  1.  Viaduct  at  Polk  street.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That,  whereas,  by  ordinance 
passed  May  13th,  1872,  entitled  “An  ordinance  concerning  the  La 
Salle  and  Chicago  Railroad  Company,”  and  an  ordinance  amendatory 
thereof,  passed  May  nth,  1885,  it  is  provided  that  the  La  Salle  and 
Chicago  Railroad  Company  (now  the  Chicago  and  Great  Western 
Railroad  Company),  shall  erect  such  viaducts  over  its  tracks  on  any 
street  which  may  be  crossed  by  its  said  tracks,  when  and  as  the  de- 
partment of  public  works,  or  the  city  council  may  require,  with  a 
provision  that  said  company  shall  not  be  required  to  erect  more  than 
two  viaducts  in  any  one  year;  and 

Whereas,  said  company  is  constructing  its  road  across  Polk  street, 
west  of  Fifth  avenue,  and  adjacent  thereto;  and 

Whereas,  said  company  has  made  certain  changes  in  the  viaduct 
over  Halsted  street  and  Blue  Island  avenue,  which  changes  are  not 
equivalent  to  the  construction  of  new  viaducts; 

Therefore,  said  Chicago  and  Great  Western  Railroad  Company  is 
hereby  directed  and  required  to  commence  within  fifteen  (15)  days  from 
the  passage  hereof,  the  construction  of  a viaduct  over  its  proposed 
tracks  which  cross  Polk  street,  between  Fifth  avenue  and  the  Chicago 
river,  and  over  Fifth  avenue,  making  all  necessary  changes  in  eleva- 
tion and  grades  of  Polk  street  and  Polk  street  bridge,  all  in  conformity 
to  plans  and  specifications  therefor,  now  on  file  in  the  office  of  the 
city  engineer. 

§ 227.  Chicago  & Great  Western  Railroad  company. 

]f  1.  Preamble — authority  to  erect  viaduct — time  limit. 

] 2.  Superintendent — plans,  etc. 

\ 3.  Authority  of  city  to  change  height  of  Polk  street  bridge. 

\ 4.  Grades  established. 

\ 5.  Cost  paid  by  company — indemnity  to  city. 

\ 6.  Approach  from  Fifth  avenue  terminus — agreement.  J 

*[  7.  Rights  of  city  reserved. 

8.  When  in  force — acceptance. 

An  ordinance  authorizing  the  Chicago  & Great  Western  Railroad  company  to 
construct  a viaduct  at  Polk  street.  (Passed  June  11,  1888.  Accepted  June 

15,  1888.) 

1 1.  Preamble— authority  to  erect  viaduct— time  limit.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 
Whereas,  the  Chicago  and  Great  Western  Railroad  Company  was 
granted  certain  rights  and  privileges  by  virtue  of  an  ordinance  of  the 
city  of  Chicago,  passed  on  the  nth  day  of  May,  A.  D.  1885,  and, 


452 


RAILROADS. 


[§  227 


Whereas,  Under  the  said  ordinance  the  said  Chicago  and  Great 
Western  Railroad  Company  assumed  certain  obligations  therein  enu- 
merated, concerning  viaducts  over  its  tracks  at  street  crossings ; there- 
fore, 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  That 

the  Chicago  and  Great  Western  Railroad  Company  are  hereby  author- 
ized to  erect  and  complete  within  five  months  from  the  passage  of  and 
acceptance  of  this  ordinance,  a good  and  sufficient  viaduct  on  Polk 
street,  over  the  tracks  of  the  said  Chicago  and  Great  Western  Rail- 
road Comapny,  with  an  approach  from  Polk  street  upon  their  own 
property  as  specified  in  the  plans  and  specifications. 

If  2.  Superintendence— plans,  etc.]  § 2.  That  the  said  via- 
duct shall  be  constructed  and  erected  under  the  supervision  and  control 
of  the  commissioner  of  public  works  in  accordance  with  plans  and 
specifications  drawn  by  the  city  engineer  of  the  city  of  Chicago,  and 
approved  by  the  and  filed  with  the  commissioner  of  public  works,  the 
nth  day  of  June,  A.  D.  1888. 

If  3.  Authority  of  city  to  change  height  of  Polk  street 
bridge,]  § 3.  That  the  commissioner  of  public  works  is  hereby  au- 
thorized and  empowered  to  make  all  changes  in  the  height  of  the  Polk 
street  bridge  necessary  to  conform  to  the  plan  and  specifications  for 
the  construction  and  completion  of  said  viaduct  at  Polk  street. 

T 4.  Grades  established.]  § 4.  That  the  grade  at  the  points 
herein  designated,  be  and  the  same  is  hereby  established  as  follows : 

Grade  at  Polk  street,  west  line  of  5th  avenue,  29.3. 

At  120  feet  west  of  the  west  line  of  5th  avenue,  29.3. 

At  288  feet  west  of  west  line  of  5th  avenue,  24.5. 

At  east  end  of  Polk  street  bridge,  23.5. 

At  twenty  feet  west  of  west  end  of  bridge,  23.5. 

At  east  line  of  Ellsworth  street,  19.5. 

1 5.  Cost  paid  by  company — indemnity  to  city.]  § 5-  The 

Chicago  and  Great  Western  Railroad  Company  shall  pay  the  entire 
cost  of  the  construction  and  completion  of  said  viaduct  over  its  tracks 
on  Polk  street,  and  shall  also  pay  the  entire  cost  of  the  approach  from 
Polk  street  on  its  own  property,  and  shall  also  pay  the  entire  cost  that 
may  accrue  by  reason  of  changing  the  height  of  Polk  street  bridge, 
and  shall  also  pay  the  entire  cost  of  changing  the  grade  of  Polk  street 
and  Fifth  avenue,  and  the  said  Chicago  and  Great  Western  Railroad 
Company  shall  forever  indemnify  and  save  harmless  the  city  of  Chi- 
cago against  and  from  any  and  all  damages,  including  land  damages, 
judgments,  decrees,  costs  and  expenses  of  the  same  which  it  may 
suffer,  or  which  may  be  recovered,  or  obtained  against  said  city,  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage  of  this 
ordinance,  or  with  the  exercise  by  said  company  of  the  privileges 
' hereby  granted;  or  from  the  construction  of  said  viaduct  and  the  ap- 
proach for  said  Polk  street  aforesaid,  or  from  said  changes  in  the  height 


228]  CHICAGO,  HARLEM  & BATAVIA  RAILWAY  COMPANY. 


453 


of  Polk  street  bridge,  or  from  the  changes  in  the  grade  of  Polk  street 
and  Fifth  avenue. 

3T  6.  Approach  from  Fifth  avenue  terminus  — agreement.] 

§ 6.  The  permission  and  authority  are  hereby  given  upon  the  express 
understanding  and  agreement  that  the  said  Chicago  and  Great  West- 
ern Railroad  Company  shall  in  their  written  acceptance  of  this  or- 
dinance agree  to  pay  the  sum  of  sixty  thousand  dollars  towards  the 
cost  of  constructing  an  approach  from  the  present  terminus  of  Fifth 
avenue  at  the  south  side  of  Taylor  street  to  Twelfth  street.  All  pay- 
ments under  the  provisions  of  this  ordinance  to  be  made  by  the  Chi- 
cago and  Great  Western  Railroad  Company  shall  be  made  upon  cer- 
tificates drawn  and  approved  by  the  commissioner  of  public  works,  as 
the  work  progresses. 

1 7.  Rights  of  city  reserved.]  § 7.  The  city  of  Chicago  by 
the  passage  of  this  ordinance  waives  no  rights  and  privileges  that  it 
may  have  by  virtue  of  any  ordinances  heretofore  passed  in  relation  to 
viaducts  and  approaches  thereto,  at  streets  intersecting  the  tracks  of 
the  Chicago  and  Great  Western  Railroad  Company,  but  it  is  expressly 
agreed  that  upon  the  performance  of  the  conditions  of  this  ordinance 
the  said  Chicago  and  Great  Western  Railroad  Company  shall  be  re- 
leased from  any  further  obligations  concerning  viaducts  on  and  ap- 
proaches to  Polk  street,  save  and  except  their  proper  charges  for  the 
maintenance  of  said  viaduct  and  approach  herein  authorized. 

T 8,  When  in  force— acceptance.]  § 8.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  acceptance  in  writing  by 
said  company;  Provided,  however,  that  unless  said  acceptance  shall  be 
filed  with  the  city  clerk  within  thirty  days  of  the  passage  hereof,  this 
ordinance  shall  be  null  and  void. 


CHICAGO,  HARLEM  & BATAVIA  RAILWAY  COMPANY. 

(Successors  to  Chas.  R.  Vandercook  and  the  Chicago  & Western  Dummy  Rail- 
way company. ) 

§ 228.  Chicago,  Harlem  & Batavia  Railway  company. 


1 

r. 

Preamble. 

nr 

2. 

G rant — route — dam  ages. 

r 

3- 

Motive  power. 

1 

4- 

Track,  how  laid. 

nr 

5- 

Indemnity  clause. 

* 

6. 

Rate  of  fare. 

T 

7- 

Running  time. 

• 

8. 

Time  of  completion. 

• 

9- 

Rights  forfeited,  when. 

3 

10. 

Term  of  grant. 

11. 

Reservation  of  rights. 

nr 

12. 

Bond. 

3 

13. 

When  in  force. 

454 


RAILROADS. 


[§  228 


An  ordinance  authorizing  the  construction  and  operation  of  a dummy  railway 
in  the  town  of  Cicero,  county  of  Cook  and  state  of  Illinois,  on  the  following 
named  streets:  On  West  Fortieth  street,  from  Madison  street  to  Randolph 

street,  thence  west  on  Randolph  street  to  Robinson  avenue,  thence  north  on 
Robinson  avenue  about  four  hundred  feet,  thence  west  over  private  property 
to  Willow  avenue,  thence  north  on  Willow  avenue  to  Bennett  street,  thence 
west  on  Bennett  street  to  Park  avenue,  thence  north  to  Kinzie  street,  thence 
west  along  the  south  line  of  the  right  of  way  of  the  North  Western  railway 
to  the  east  line  of  Oak  Park  avenue.  (Passed  April  26,  1879.) 

T 1.  Preamble.]  Whereas,  Charles  R.  Vandercook  has  pre- 
sented to  this  board  a petition  praying  that  this  board  give  and  grant 
to  him  the  privileges  and  franchise  of  constructing  and  operating  a 
dummy  railway  in  said  town;  therefore, 

1 2.  Grant — route— damages.]  Be  it  ordained  by  the  board  of 

trustees  of  the  town  of  Cicero:  § 1.  That  permission  and  consent  are 
hereby  given  and  granted  to  the  said  Charles  R.  Vandercook,  his  heirs, 
executors,  administrators  and  assigns,  to  lay  down,  operate  and  main^ 
tain  a single  track  railway,  with  all  necessary  and  convenient  turnouts, 
turn  tables  and  side  tracks  and  switches  in,  upon,  over  and  along  the 
following  named  streets  and  directions,  viz: 

Commencing  on  West  Fortieth  street,  the  west  half  at  the  inter- 
section of  Madison  street,  thence  north  on  West  Fortieth  street  to 
Randolph  street,  thence  west  on  Randolph  street  to  Robinson  avenue, 
thence  north  on  Robinson  avenue  about  four  hundred  feet,  thence 
west  over  private  property  to  Willow  avenue,  thence  north  on  Willow 
avenue  to  Bennett  street,  thence  west  on  Bennett  street  to  Park  ave- 
nue, thence  north  on  Park  avenue  to  the  south  line  of  the  said  right  of 
way,  partly  on  private  property  and  partly  on  North  street  to  the  east 
line  of  Oak  Park  avenue. 

Provided,  however,  that  if  he  or  they  desire  to  lay  or  run  such 
railway  through  or  upon  private  property,  he  or  they  shall  first  obtain 
the  consent  of  the  owner  or  owners  thereof,  and  also, 

Provided,  that  said  Charles  R.  Vandercook,  his  heirs,  executors, 
administrators,  associates  or  assigns,  shall  pay  all  damages  to  the 
owners  of  property  abutting  upon  the  said  streets  which  they  may  sus- 
tain by  reason  of  the  location  or  construction  of  the  said  railroad 
thereon. 

f 3.  Motive  power.]  § 2.  The  gauge  of  said  railway  shall  be 
four  (4)  feet  and  eight  and  a half  (&V2)  inches  wide,  and  the  cars,  car- 
riages and  engines  to  be  used  on  said  railway  track  or  tracks  may  be 
operated  by  steam,  and  the  engines  used  thereon  shall  be  such  as  are 
commonly  called  dummy  engines. 

T 4.  Track,  how  laid.]  § 3.  The  track  or  tracks  of  said 
railway  shall  not  be  elevated  above  the  surface  of  the  street  at  any  street 
crossing,  and  shall  be  laid  of  the  modern  “T”  rail,  and  shall  be  so  laid 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  said  track 
or  tracks,  switches  and  turn  tables  at  any  and  all  street  crossings  with- 
out obstruction,  and  the  said  Charles  R.  Vandercook,  his  heirs,  ex- 


228]  CHICAGO,  HARLEM  & BATAVIA  RAILWAY  COMPANY. 


455 


ecutors,  administrators,  associates  and  assigns,  shall  at  all  times  keep 
that  portion  of  the  street  as  shall  be  occupied  by  such  tracks,  switches 
and  turn  tables  in  as  good  repair  and  condition  as  are  the  other  por- 
tions of  the  streets  on  which  said  tracks  are  laid. 

Said  road  shall  be  so  constructed  that  the  ties  or  sleepers  shall  be 
sunk  to  the  level  of  the  surface  of  the  streets  and  the  crossings  of 
streets  and  sidewalks  shall  be  planked  with  at  least  two-inch  plank  be- 
tween and  on  either  side  of  the  rails. 

T 5.  Indemnity  clause.]  § 4.  And  the  said  Charles  R.  Van- 
dercook,  his  heirs,  executors,  administrators,  associates  and  assigns, 
shall  save  and  keep  harmless  the  said  town  of  Cicero  of  and  from 
any  and  all  loss,  damages  and  expense  which  it  may  sustain  or  be  made 
liable  for  by  reason  of  the  construction,  operation  and  maintenance  of 
said  railroad  and  its  appurtenances,  or  by  reason  of  any  fault,  careless- 
ness, neglect  or  misconduct  of  said  Charles  R.  Vandercook,  his  heirs, 
executors,  administrators,  associates  or  assigns,  or  his  or  their  agents, 
or  servants  in  constructing,  operating  or  maintaining  said  railroad  and 
appurtenances,  or  by  reason  of  any  neglect  or  failure  to  comply  with 
the  provisions  of  this  ordinance. 

If  6.  Rate  of  fare.]  § 5.  The  fare  shall  not  exceed  five  cents 
to  any  and  all  points  within  said  town  of  Cicero. 

If  7.  Running  time.]  § 6.  Cars  shall  commence  running  as 
early  as  6 o’clock  a.  m..  and  through  cars  shall  leave  their  terminus  of 
said  road  as  often  as  once  in  sixty  minutes  until  11  o’clock  at  night 

If  8.  Time  of  completion.]  § 7.  The  rights  and  privileges 
and  consent  hereby  granted  to  the  said  Charles  R.  Vandercook,  his 
heirs,  executors,  administrators,  associates  and  assigns,  shall  be  for- 
feited to  the  said  town  of  Cicero  unless  said  railway  shall  be  fully  com- 
pleted and  ready  for  use  and  in  operation  from  the  east  line  of  the  town 
to  the  said  Oak  Park  avenue  in  accordance  with  the  terms  hereof  on 
or  before  the  first  day  of  November,  A.  I).  1879. 

Provided,  however,  that  if  the  said  Charles  R.  Vandercook,  his 
heirs,  executors,  administrators,  associates  or  assigns,  should  be  de- 
layed by  order  or  injunction  of  any  court,  the  time  of  such  delay  shall 
be  excluded  and  the  same  time  in  addition  to  the  period  above  de- 
scribed shall  be  allowed  for  the  completion  of  said  railway  as  that  dur- 
ing which  he  or  they  may  have  been  so  delayed. 

If  9.  Rights  forfeited,  when.]  § 8.  If  the  said  Charles  R. 
Vandercook,  his  heirs,  executors,  administrators,  and  assigns,  at  any 
time  shall  fail  to  operate  said  road  as  herein  provided  for  the  space  of 
thirty  days,  or  shall  permit  any  final  judgment  obtained  against  said 
town  for  damages  occasioned  by  reason  of  the  construction  or  opera- 
tion of  said  road  or  by  reason  of  the  negligence  or  misconduct  of  said 
Charles  R.  Vandercook,  his  heirs,  executors,  administrators,  associates 
or  assigns,  in  respect  to  the  construction  or  operation  of  said  road  shall 
remain  unpaid  for  the  space  of  twenty  days,  provided  said  Charles  R. 


456 


RAILROADS. 


V andercook,  his  heirs,  executors,  administrators,  associates  or  assigns, 
shall  have  been  duly  cited  in  to  defend  the  suit  in  which  said  judgment 
was  rendered,  then  the  said  Charles  R.  Vandercook,  his  heirs,  ex- 
ecutors, administrators,  associates  and  assigns,  shall  forfeit  the  rights 
hereby  granted,  and  the  same  shall  cease  and  determine. 

If  10.  Term  of  grant.]  § 9.  The  right  to  operate  said  rail- 
way shall  extend  to  the  first  day  of  April,  A.  D.  1898,  at  which  time 
the  rights  and  privileges  herein  and  hereby  granted  shall  cease  unless 
the  same  are  further  extended. 

If  11.  Reservation  of  rights.]  § 10.  The  right  is  hereby  re- 
served to  regulate  by  ordinance  the  speed  and  the  time  and  manner 
of  running  cars  upon  and  operating  said  railroad,  and  also  the  right  at 
all  times  to  determine  by  ordinance  on  what  portion  of  the  said  streets 
said  tracks,  side  tracks  and  turnouts  shall  be  located,  and  to  require 
any  change  in  the  location  upon  said  streets  of  said  tracks,  side  tracks 
and  turnouts  'the  rights  and  privileges  hereby  granted  shall  at  all  times 
be  subject  to  all  police  regulations  and  ordinances  of  a general  nature 
that  now  are  in  force  or  may  hereafter  be  passed. 

^f  12.  Bond.]  § 11.  The  said  Charles  R.  Vandercook  shall 

for  himself,  his  heirs,  executors,  administrators  and  assigns,  enter  into 
a good  and  sufficient  bond  with  security  to  the  said  town  of  Cicero, 
in  the  penal  sum  of  ten  thousand  ($10,000)  dollars  to  be  approved  by 
the  board  of  trustees  of  the  town  of  Cicero,  conditioned  for  the  faith- 
ful performance  of  all  the  terms  and  conditions  herein  contained,  and 
also  conditioned  as  provided  in  section  four  of  this  ordinance. 

Tf  13.  When  in  force.]  § 1 2.  This  ordinance  shall  take  ef- 
fect and  be  in  force  as  soon  as  the  same  shall  have  been  accepted  by  the 
said  Charles  R.  Vandercook,  and  he  shall  have  made  and  executed  the 
bond  provided  for  herein  in  manner  and  form  as  hereinbefore  required, 
and  the  same  has  been  approved  by  said  board  of  trustees. 

Note. — See  following  ordinance. 


CHICAGO  & WESTERN  DUMMY  RAILWAY  COMPANY. 


§ 229.  Chicago  & Western  Dummy 
^ 1.  Preamble. 

*17  2.  Former  grant  confirmed, 
j 3.  Route. 

\ 4.  Motive  power. 

\ 5.  Tracks,  how  laid. 

\ 6.  Indemnity  clause. 

\ 7.  Rate  of  fare, 
y 8.  Term  of  grant. 

\ 9.  Reservation  of  rights. 


railway  company. 


457 


§ 229]  CHICAGO  & WESTERN  DUMMY  RAILWAV  COMPANY. 

f 10.  Subject  to  ordinances. 

^ 11.  Culverts. 

]f  12.  When  in  force. 

An  ordinance  in  relation  to  the  construction  and  operation  of  a dummy  railway 

in  the  town  of  Cicero.  (Passed  August  20,  1881.) 

If  1.  Preamble.]  Whereas,  the  board  of  trustees  of  the  town 
of  Cicero,  on  the  26th  day  of  April,  A.  D.  1879,  passed  an  ordinance 
giving  its  permission  and  consent  to  Charles  R.  Vandercook,  his  heirs, 
executors  and  assigns,  to  law  down  and  operate  a dummy  railway 
with  all  necessary  turnouts,  turn  tables,  side  tracks  and  switches  on 
certain  streets  in  the  said  town,  and 

Whereas,  The  said  Vandercook  has  sold  and  transferred  such 
rights  and  franchises  to  the  Chicago  and  Western  Dummy  Railway 
Company;  it  is  therefore: 

f 2.  Former  grant  confirmed.]  Ordained  by  the  board  of 
trustees  of  the  said  town  of  Cicera:  § 1.  That  the  powers  and  priv- 
ileges given  and  granted  said  Vandercook  are  hereby  fully  confirmed 
in  and  to  the  said  Chicago  and  Western  Dummy  Railway  Company, 
their  successors  and  assigns,  for  a period  of  twenty  (20)  years  from 
and  after  the  passage  of  this  ordinance,  except  as  hereinafter  specified 
and  excepted. 

f 3.  Route.]  § 2.  That  permission  and  consent  are  hereby 
given  and  granted  to  the  said  Chicago  and  Western  Dummy  Railway 
Company,  its  successors  or  assigns,  to  lay  down,  operate  and  maintain 
a single  track  railway  with  all  necessary  and  convenient  turnouts,  turn 
tables,  side  tracks  and  switches  upon  and  over  and  along  the  follow- 
ing named  streets,  avenues  and  directions,  viz. : Commencing  on  the 

west  half  of  West  40th  street  at  the  intersection  of  Madison  street  and 
running  thence  north  on  West  40th  street  to  Randolph  street,  thence 
west  on  Randolph  street  to  Robinson  avenue,  thence  north  on  Robin- 
son avenue  about  four  hundred  feet,  thence  west  (over  private  property, 
the  right  to  pass  over  which  the  said  Vandercook  claims  he  has  ob- 
tained, and  if  not  legally  obtained  they  shall  hereafter  obtain  by  the 
consent  of  the  owners  or  otherwise)  to  Willow  avenue,  thence  north 
on  Willow  avenue  to  Bennett  street,  thence  west  on  Bennett  street  (or 
sometimes  called  Randolph  street)  the  west  line  of  4th  avenue  in  the 
village  of  Austin,  thence  (over  private  property,  the  right  to  pass  over 
which  shall  be  acquired  by  said  company  by  agreement  with  the  owners 
thereof  or  otherwise)  to  the  east  end  of  Park  avenue,  in  the  village  of 
Ridgeland,  thence  west  on  Park  avenue  to  Oak  Park,  thence  north  on 
Oak  Park  avenue  to  the  east  end  of  Division  street  in  the  village  of 
Oak  Park  and  thence  west  on  Division  street  to  the  west  line  of  the 
town  of  Cicero  and  also  to  cross  all  streets,  alleys  and  highways  be- 
tween the  termini  of  said  route  in  this  section  mentioned. 

And  whereas,  the  route  in  this  section  mentioned  differs  from  that 
described  in  the  old  ordinance  granting  like  privileges  to  said  Van- 
dercook, passed  on  the  26th  day  of  April,  A.  D.  1879,  the  route  herein 


458 


RAILROADS. 


[§  229 


described  shall  be  taken  as  in  lieu  thereof  and  the  rights  to  the  other 
route  are  hereby  repealed  and  declared  null  and  void  and  no  longer  in 
force,  and  the  acceptance  hereof  by  the  said  company  shall  be  taken 
as  its  acquiescence  herein. 

Provided  said  company  shall  and  the  above  consent  is  given  and 
granted  upon  the  express  condition  that  the  said  company,  its  succes- 
sors, and  assigns,  shall  pay  all  damages  to  the  owners  of  property 
abutting  upon  the  said  streets  and  highways  which  they  may  sustain 
by  reason  of  the  location  or  construction  of  the  said  railway  thereon. 

If  4.  Motive  power.]  § 3.  The  gauge  of  said  railway  shall 

be  four  (4)  feet  and  eight  and  a half  (83/2)  inches  wide,  and  the  cars, 
carriages  and  engines  to  be  used  on  said  railway  track  or  tracks  may 
be  operated  by  steam,  and  the  engines  used  thereon  shall  be  such  as 
are  commonly  called  ‘‘dummy  engines.5’ 

If  5.  Tracks,  how  laid.]  § 4.  The  track  or  tracks  of  said 
railway  shall  not  be  elevated  above  the  surface  of  the  streets  at  any 
street  crossings,  and  shall  be  laid  of  modern  “T”  rail,  and  shall  be  so 
laid  that  carriages  and  other  vehicles  can  easily  and  freely  cross  said 
track  or  tracks,  and  any  and  all  streets  and  alley  crossings  without  ob- 
struction, and  the  said  company,  its  successors  and  assigns,  shall  at  all 
times  keep  that  portion  of  the  street  which  shall  be  occupied  by  such 
tracks,  switches  and  turn  tables  in  as  good  repair  and  condition  as  are 
the  other  portions  of  the  streets  on  which  said  tracks  are  laid. 

Said  road  shall  be  so  constructed  that  the  ties  or  sleepers  shall  be 
sunk  to  a level  of  the  surface  of  the  street  and  the  crossings  of  the 
streets  and  sidewalks  shall  be  planked  with  at  least  two-inch  plank  be- 
tween and  on  either  side  of  the  rails. 

T 6.  Indemnity  clause.]  § 5.  And  the  said  company  and  its 
successors  and  assigns  shall  save  and  keep  harmless  the  said  town  of 
Cicero  of  and  from  any  and  all  loss,  damages  and  expenses  which  it 
may  sustain  or  be  made  liable  for  by  reason  of  the  construction  or 
maintenance  of  the  said  railroad  and  its  appurtenances,  or  by  reason  of 
any  fault,  carelessness,  neglect  or  misconduct,  of  the  said  company 
and  its  successors  and  assigns,  or  its  agents  or  servants,  in  constructing, 
operating  and  maintaining  said  railroad  and  its  appurtenances,  or  by 
reason  of  any  neglect  or  failure  to  comply  with  the  provisions  of  this 
ordinance. 

If  7.  Rate  of  fare.]  § 6.  The  said  company  and  its  succes- 
sors and  assigns  shall  not  be  allowed  to  charge  more  than  ten  cents 
for  any  one  passenger  to  any  and  all  points  within  the  limit  of  said 
town  of  Cicero. 

If  8.  Term  of  grant.]  § /■  The  right  to  operate  the  said 
railroad  shall  extend  to  the  first  day  of  July,  A.  D.  1901,  at  which  time 
the  rights  and  privileges  herein  and  hereby  granted  shall  cease  unless 
the  same  are  further  extended. 

Tf  9.  Reservation  of  rights.]  § 8.  The  right  is  hereby  re- 


§ 230]  CHICAGO,  HARLEM  & BATAVIA  RAILWAY  COMPANY. 


459 


served  to  regulate  by  ordinance  the  speed  and  the  time  and  the  man- 
ner of  running  cars  upon  and  operating  said  railroad  and  also  the  right 
at  all  times  to  determine  by  ordinance  in  what  portion  of  said  streets 
said  tracks,  side  tracks  (turn  tables)  and  turnouts  shall  be  located,  and 
to  regulate  and  change  the  same. 

% 10.  Subject  to  ordinances.]  §9.  The  rights  and  privileges 
hereby  granted  shall  at  all  times  be  subject  to  the  police  regulations, 
powers  and  ordinances  of  said  town. 

T 11.  Culverts.]  § 10.  It  shall  be  the  duty  of  the  said  com- 
pany and  its  successors  and  assigns  to  keep  all  culverts  under  its  tracks 
free  from  all  obstructions  at  all  times,  and  to  build  such  culverts  under 
its  tracks  of  the  kind,  character  and  description  as  the  said  board  of 
trustees  shall  from  time  to  time  direct,  and  the  acceptance  of  the  rights 
and  franchises  granted  by  this  ordinance  by  said  company  shall  be  held 
to  be  as  its  consent  to  the  obligations  in  this  section  mentioned. 

Tf  12.  When  in  force.]  § 11.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 

Note. — See  following  ordinance. 


CHICAGO,  HARLEM  & BATAVIA  RAILWAY  COMPANY. 

§ 230  Chicago,  Harlem  & Batavia  Railway  company. 

1.  Former  grant  confirmed. 

\ 2.  Anthracite  coal — crossings — gates. 

\ 3.  Rights  forfeited,  when, 
f 4.  Time  of  completion. 

T[  5.  Indemnity  clause, 
f 6.  When  in  force — acceptance. 

An  ordinance  concerning  the  Chicago,  Harlem  & Batavia  Railway  company. 
Passed  October  5,  1887.) 

*!  1.  Former  grant  confirmed.]  Be  it  ordained  by  the  board 

of  trustees  of  the  town  of  Cicero:  § 1.  That,  in  addition  to  the 

rights,  privileges  and  franchises  hertofore  conferred  upon  the  Chicago 
and  Western  Dummy  Railway  Company,  by  an  ordinance  passed  Au- 
gust 20,  i88t,  entitled  “An  ordinance  in  relation  to  the  construction  and 
operation  of  a dummy  railway  in  the  town  of  Cicero,”  which  rights,  priv- 
ileges and  franchises  are  hereby  vested  in  and  confirmed  to  the  Chicago, 
Harlem  and  Batavia  Railway  Company,  its  successors  and  assigns,  to 
maintain  and  operate  a suburban  passenger  railway  along  the  route 
prescribed  in  said  ordinance  of  August  20,  1881,  and  the  right  to 
connect  its  track  or  tracks  as  now  laid,  or  as  they  may  hereafter  be 
laid,  with  the  track  or  tracks  of  the  Chicago  and  Great  Western  Rail- 


460 


RAILROADS. 


road  Company,  over  property  which  it  may  hereafter  own  or  control 
at  some  convenient  point,  to  be  agreed  upon  by  said  companies,  be- 
tween Fortieth  street  and  Forty-sixth  street,  in  the  town  of  Cicero, 
and  the  right  for  that  purpose,  using  no  greater  curve  than  twelve  de- 
grees, to  cross  all  necessary  streets,  alleys  and  public' places,  together 
with  the  right  to  straighten  or  render  practicable  all  existing  curves 
in  said  right  of  way  or  tracks,  solely  and  only  upon  the  terms,  condi- 
tions, duties  and  obligations  hereinafter  in  this  ordinance  set  forth, 
and  not  upon  any  other  terms,  conditions,  duties  or  obligations. 

Said  company  shall  have  the  right  to  construct,  maintain  and 
operate,  upon  substantially  the  present  grade  of  the  existing  track,  a 
railroad  with  one  or  two  tracks,  with  the  necessary  switches  and  turn- 
outs; but  no  turn-outs  shall  be  constructed  where  a double  track  is 
used,  parallel  with  said  double  track,  and  where  a double  main  track 
is  used  the  center  line  between  such  tracks  shall,  as  near  as  practicable, 
be  the  center  line  o;f  said  street,  from  a point  of  junction  with  said 
Great  Western  tracks,  northerly  and  westerly,  to  the  west  limits  of 
said  town  of  Cicero. 

If  2.  Anthracite  coal — crossings — gates.]  § 2.  In  operating 
said  road  within  the  limits  of  the  town  of  Cicero,  all  locomotives  shall 
use  hard  coal,  or  other  equally  smokeless  motive  power,  except  that  in 
case  of  accidents,  the  disablement  of  the  regular  locomptives  or  the  ob- 
struction of  the  tracks  from  any  cause  or  for  purposes  of  reconstruc- 
tion or  repair,  soft  coal  locomotives  may  be  used  temporarily,  but  in 
no  other  case. 

It  shall  be  the  duty  of  said  company  to  put  in  and  keep  and  main- 
tain in  good  order  and  repair,  all  traveled  street  crossings  now  existing 
or  that  hereafter  may  be  made,  said  crossings  to  be  the  full  width  of 
the  street,  including  sidewalks.  Where  the  track  or  tracks  of  said 
company  shall  occupy  a street  or  any  part  thereof  lengthwise,  said 
company  shall,  upon  being  notified  by  the  board,  fill  up  ditches  and 
widen  such  part  of  the  roadway  of  the  street,  and  gravel  the  same  to  the 
satisfaction  of  the  board,  as  may  be  necessary  to  allow  the  passage  of 
vehicles  on  each  side  of  said  track  or  tracks,  but  not  beyond  the  side- 
walk line,  using  tile  to  drain  ditches  when  necessary.  It  shall  also  be 
the  duty  of  said  company,  either  to  put  up,  maintain  and  operate  suit- 
able safety  gates,  or  to  station  flagmen  at  any  and  all  street  crossings 
where  necessary  and  ordered  by  the  board,  and  to  put  in  and  keep  in 
good  repair  such  culverts  under  the  tracks  of  said  company  as  may 
be  ordered  by  said  board  upon  streets  crossing  said  right  of  way. 
Said  company  shall,  when  so  ordered  by  the  board  of  trustees,  con- 
struct and  keep  in  good  order  and  repair,  such  ditches  or  drains  along 
its  right  of  way,  as  may  be  deemed  necessary  by  the  board  of  trustees, 
for  suitable  local  drainage,  and  in  case  the  board  of  trustees  should,  in 
pursuance  of  any  plan  now  existing  or  that  may  hereafter  be  adopted, 
for  the  general  drainage  of  the  town  of  Cicero,  or  any  section  thereof, 
deem  it  desirable  to  occupy  and  use  any  ditch  or  drain  constructed  for 


§ 230]  CHICAGO,  HARLEM  & BATAVIA  RAILWAY  COMPANY.  461 

local  drainage  as  aforesaid,  or  the  land  where  the  same  should  be 
constructed  under  the  terms  of  this  ordinance  or  shall  deem  it  neces- 
sary in  pursuance  of  said  plans  to  cross  the  right  of  way  of  said  com- 
pany within  the  limits  of  the  franchises  herein  granted,  it  shall  have 
the  right  so  to  do  and  the  same  is  hereby  vested  in  said  town  free  of 
all  charge,  condition  or  expense,  and  whenever  any  street  shall  here' 
after  be  opened  for  travel  crossing  said  right  of  way  the  town  shall 
have  the  right  free  of  all  expense,  to  continue  or  extend  said  street 
across  the  aforesaid  right  of  way,  but  not  depot  grounds,  and  for  that 
purpose  license  is  hereby  reserved  to  the  town  to  enter  upon  the  land 
of  said  company  and  construct  such  street,  the  company  to  construct 
and  maintain  the  crossing  thereof,  as  hereinbefore  provided;  but  no 
work  shall  be  done  upon  or  under  the  road  bed  of  said  company  ex- 
cept in  conjunction  with  the  chief  engineer  or  other  proper  officer  of 
said  company,  who  shall  attend  to  the  matter  as  soon  as  notified  by  the 
board. 

All  commutation  tickets  good  for  a definite  number  of  rides,  pur- 
chased by  residents  of  the  territory  now  comprising  the  town  of 
Cicero,  shall  be  good  when  presented  by  the  person  purchasing  the 
same  for  himself,  and  for  any  and  all  guests  of  his,  and  for  any  and 
all  members  of  his  family  who  may  accompany  him.  Whenever  un- 
der any  of  the  terms  of  this  ordinance,  any  duty  or  obligation  is  im- 
posed upon  said  company,  and  it  shall  neglect  or  refuse  to  discharge 
the  same,  the  town  may  serve  a notice  upon  said  company  specifying 
therein  the  neglected  or  refused  duty  or  obligation,  and  shall  call  upon 
the  company  to  discharge  the  same,  and,  if  after  serving  such  notice, 
said  company  shall  neglect  or  refuse  for  thirty  days  to  comply  with 
such  call,  the  town  shall  have  the  right  to  enter  upon  the  premises  of 
said  company  and  do  and  perform  all  things  necessary  to  the  discharge 
of  such  duty  or  obligation  and  charge  all  costs  and  expenses  thereof 
to  said  company,  and  all  moneys  paid  or  obligations  incurred  by  said 
town  in  such  behalf  shall  be  an  immediate  demand  against  and  be 
paid  by  said  company. 

The  rights  hereby  given  shall  not  be  deemed  a substitute  for,  but 
an  addition  to  any  other  rights  or  remedies  the  town  may  have  to  en- 
force obligations  under  this  ordinance.  All  notices  required  by  the 
terms  of  this  ordinance  to  be  served  upon  said  company,  may  be  served 
by  leaving  a copy  thereof  with  the  president,  if  he  can  be  found  in  the 
county  of  Cook,  or  if  he  shall  not  be  so  found,  then  by  leaving  a copy 
with  any  clerk,  secretary,  superintendent,  general  agent,  cashier,  di- 
rector, engineer,  conductor  or  station  agent  in  the  employ  of  said 
company.  And  a return  under  oath  upon  a copy  or  original  of  a notice 
so  served  by  the  person  serving  the  same  shall  be  prima  facie  evidence 
that  the  statements  made  in  such  return  are  true.  The  word  street  as 
herein  used  shall  include  street,  avenue,  alley,  court,  park  or  other  pub- 
lic thoroughfare,  and  the  word  person  shall  include  persons,  firms  or 
corporations,  and  the  masculine  shall  include  the  feminine. 


462 


RAILROADS. 


[§  231 


If  3.  Rights  forfeited,  when.j  § 3.  The  rights  and  privileges 
herein  granted  to  said  company  are  upon  the  express  condition  that  it 
shall,  in  all  respects,  well  and  truly  comply  with  all  and  singular  the 
terms,  conditions  and  stipulations  of  th.'s  ordinance,  imposing  terms, 
duties  or  obligations  upon  it,  and  upon  its  failure  so  to  do  for  a reason- 
able time  after  such  default  shall  be  determined  by  a court  of  com- 
petent jurisdiction,  then  the  town  may,  it  it  so  elects,  and  it  hereby 
reserves  the  right  so  to  do,  enter  upon  the  premises  of  said  company 
and  oust,  divest  and  deprive  it  of  all  and  singular  the  rights  and  privi- 
leges herein  granted,  re-investing  itself  with  all  the  rights  it  had  be- 
fore this  ordinance  was  passed,  and  relegating  said  company  to  the 
condition  that  existed  before  rights  hereunder  were  acquired. 

If  4.  Time  of  completion.]  § 4.  That  all  the  rights  and  priv- 
ileges herein  conveyed  to  said  company  shall  cease  and  terminate, 
and  this  ordinance  become  void  and  of  no  effect  in  behalf  of  said  com- 
pany, unless  the  same  or  its  successors  or  assigns  shall,  within  one 
year  after  the  passage  hereof  (unavoidable  delays  by  injunctions, 
strikes  or  otherwise,  being  excepted  from  said  limit  of  one  year),  run 
passenger  trains  regularly  between  the  western  limits  of  the  town  of 
Cicero  and  the  general  passenger  depot  of  the  Chicago  and  Great 
Western  Railway  Company,  in  the  city  of  Chicago  over  the  route  here- 
in and  in  other  ordinances  described,  and  it  is  expressly  understood 
and  the  grants  hereinbefore  set  forth  are  made  upon  the  further  ex- 
press condition,  that  no  freight  trains  shall  be  allowed  to  run  over 
said  route,  or  any  part  thereof,  but  that  said  company  shrU  transact 
exclusively  a suburban  passenger  business  and  no  other  over  the 
same. 

% 5.  Indemnity  clause.]  § 5.  This  ordinance  is  granted 
upon  the  still  further  express  condition  that  said  company  shall  indem- 
nifv.  hold  and  save  harmless  said  town  from  all  costs,  charges,  ex- 
penses or  damages  to  persons  or  property,  arising  directlv  or  indi- 
rectly through  the  passage  of  this  ordinance,  or  the  exercise  of  any 
rights  or  privileges  thereunder. 

% 6.  When  in  force — acceptance.]  § 6.  That  this  ordinance 
shall  be  in  full  force  and  effect  from  and  after  its  passage  and  a Wit- 
ten acceptance  of  the  same  bv  said  companv. 

Note. — See  following  amendatory  ordinance. 

§ 231.  Chicago,  Harlem  & Batavia  Railway  company^. 

T1  r.  Foregoing  ordinance  amended, 
f 2.  Indemnity  clause. 

An  ordinance  to  amend  an  ordinance  entitled  “An  ordinance  concerning  the 

Chicago,  Harlem  & Batavia  Railway  company,’’  passed  October  5,  1887 

(Passed  November  5,  1887.) 

f 1.  Foregoing  ordinance  amended.]  Be  it  ordained  bv  the 
board  of  trustees  of  the  town  of  Gicero:  § 1.  That  an  ordinance  en- 

titled “An  ordinance  concerning  the  Chicago,  Harlem  and  Batavia 


§ nA 


CHICAGO  & ILLINOIS  RIVER  RAILROAD  COMPANY. 


463 


Railway  Company,”  passed  October  5th,  1887,  be,  and  the  same  is 
hereby  amended  so  that  in  addition  to  the  rights  and  privileges  con- 
ferred upon  said  company  by  said  ordinance,  permission  and  authori- 
ty be,  and  the  same  are  hereby  granted  to  the  Chicago,  Harlem  and 
Batavia  Railway  Company,  its  successors  or  assigns,  to  lay  down, 
maintain  and  operate  a railroad  with  one  or  two  tracks  on  Crawford 
avenue,  otherwise  called  Fortieth  street,  in  the  town  of  Cicero,  from 
Randolph  street,  southerly  to  the  south  limits  of  said  town. 

% 2.  Indemnity  clause.]  § 2.  This  ordinance  is  granted  upon 
the  still  further  express  condition  that  said  company  shall  indemnify, 
hold  and  save  harmless  said  town  from  all  costs,  charges,  expenses  or 
damages,  to  persons  or  property  arising  directly  or  indirectly  through 
the  passage  of  this  ordinance,  or  the  exercise  of  any  rights  or  privi- 
leges thereunder. 

§ 3.  That  this  ordiance  be  in  full  force  and  effect  from  and  after 
its  passage,  and  a written  acceptance  of  the  same  by  said  company. 


CHICAGO  & ILLINOIS  RIVER  RAILROAD  COMPANY. 

§ 232.  Chicago  & Illinois  River  Railroad  company. 

*l\  1.  Route  in  Stewart  avenue. 

\ 2.  Conditions. 

\ 3.  Acceptance. 

\ 4.  Viaduct. 

If  5-  Completion  of  road — cessation  of  rights. 

An  ordinance  granting  right  of  way  to  the  Chicago  & Illinois  ‘River  Railroad 

company  in  the  town  of  Lake.  (Adopted  August  22,  1873.) 

If  1.  Route  in  Stewart  avenue.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake:  § 1.  That  permission  and  authori- 

ty be,  and  is  hereby  given  and  granted  to  the  Chicago  and  Illinois 
River  Railroad  Company,  to  lay  down,  maintain  and  operate  a double 
railroad  track,  with  all  necessary  side  tracks,  not  to  exceed  two,  cross- 
ing on  any  public  highway  in  Stewart  avenue,  from  Egan  avenue  south 
to  Fifty-ninth  street. 

If  2.  Conditions.]  § 2.  The  permission  and  authority  hereby 
granted  to  said  company  are  upon  the  following  express  conditions, 
to  wit: 

1st.  That  the  rights  herein  conferred  are  subject  to  whatever 
rights  any  other  person  or  corporation  may  have  in  said  Stewart  ave- 
nue. 

2nd.  That  said  railroad  company  shall  indemnify  and  save  harm- 
less said  town  of  Lake  from  all  expense,  costs,  damages  and  suits  aris- 
ing from  the  occupation  of  said  street  by  said  railroad  company. 


464 


RAILROADS. 


3rd.  That  the  privilege  hereby  granted  shall  be  enjoyed  subject 
to  the  provisions  of  the  charter  of  said  town  of  Lake,  and  to  all  ordi- 
nances that  now  are  or  hereafter  may  be  in  force  in  said  town  of  Lake, 
in  regard  to  all  railroads  therein. 

4th.  The  board  of  trustees  of  said  town  of  Lake  shall  have  the 
right  to  impose  such  rules  and  regulations  upon  the  use  of  said  tracks, 
with  reference  to  speed  and  manner  of  running  cars  and  locomotives, 
as  they  shall  deem  necessary  for  the  safety  and  convenience  of  the  resi- 
dents of  said  town  of  Lake,  such  rules  and  regulations  to  be  imposed 
by  general  ordinances  in  regard  to  all  railroads  in  said  town. 

5th.  The  said  railroad  shall  at  all  times  grade,  fill,  plank  or 
macadamize  the  portion  of  said  avenue  used  by  said  company,  and  the 
approaches  thereto,  at  intersections  of  streets  crossing  said  Stewart 
avenue,  or  that  may  be  laid  by  the  authorities  in  such  way,  as  to  allow 
of  free  and  easy  passage  for  carriages  and  wagons  across  and  alongside 
of  said  crossing  of  its  track  at  all  points;  said  work  to  be  done  in  such 
manner,  and  at  such  time  as  the  board  of  trustees  of  said  town  of  Lake 
shall  direct;  also  culverts  to  be  built  on  all  east  and  west  streets  when 
order  by  said  board  of  trutees. 

6th.  The  rate  of  passenger  fare  of  said  railroad  out  of  Chicago 
through  the  town  of  Lake  shall  not  exceed  the  rate  of  any  other  road 
running  out  of  the  city  of  Chicago  for  the  same  distances. 

7th.  Said  railroad  company  shall  establish  two  depots  on  said 
Stewart  avenue  between  Fifty-ninth  street  and  Thirty-ninth  street,  at 
each  of  which  said  depots  all  passenger  trains  shall  stop;  one  of  said 
depots  at  or  near  Forty-third  street,  and  one  at  or  near  where  said 
railroad  shall  deflect  southwesterly  from  Stewart  avenue. 

8th.  The  foregoing  conditions,  rights  and  privileges  shall  apply 
to  and  be  binding  upon  the  assignees,  grantees  and  lessees  of  said  rail- 
road company,  and  all  powers  and  rights  conferred  upon  the  town  of 
Lake,  or  its  officers  or  trustees,  shall  vest  in  and  be  exercised  by  the 
municipal  corporation,  or  its  officers  or  trustees  or  authorities  with- 
in whose  limits  said  Stewart  avenue  or  any  portion  thereof  may  at  any 
time  be  situated. 

9th.  That  in  the  event  that  the  said  railroad  company  shall  break 
or  fail  to  comply  with  any  of  the  provisions  of  this  ordinance,  and  shall 
fail  to  make  good  such  breach,  and  complv  with  the  provisions  of  this 
ordinance  within  thirty  days  after  service  of  notice  of  such  breach  or 
failure  upon  any  general  officer  of  said  company,  at  the  principal  of- 
fice of  said  company  in  the  city  of  Chicago,  then  said  railroad  company 
shall  forfeit  to  the  town  of  Lake  the  sum  of  five  hundred  (500)  dollars, 
which  the  said,  company  hereby  agrees  to  pay  to  said  town  whenever 
adjudged  gniltv  of  such  a breach  by  a court  of  competent  jurisdiction, 
which  sum  mav  be  recovered  bv  said  town  in  an  action  of  assumpsit 
in  any  court  of  general  jurisdiction  in  the  county  of  Cook;  and  if  the 
said  railroad  company  shall  neglect  or  refuse  to  make  good  their  de- 
fault, and  to  comply  with  the  provision?  of  this  ordinance,  within 


465 


§ *33] 


CHICAGO  & INDIANA  STATE  LINE  RAILROAD  COMPANY. 


ninety  days  after  final  judgment  shall  be  rendered  in  favor  of  said  town 
by  any  court  of  competent  jurisdiction  for  said  penalty,  then  all  the 
rights  of  said  company  under  and  by  virtue  of  this  ordinance  shall 
forthwith  cease  and  determine. 

3.  Acceptance.]  § 3.  This  ordinance  shall  not  be  in  force, 
nor  shall  any  right  or  privilege  be  acquired  or  enjoyed  by  virtue  here- 
of, until  said  railroad  shall  have  filed  a written  acceptance  of  its  terms 
and  conditions  with  the  town  clerk  of  said  town  of  Lake. 

% 4.  Viaduct.]  § 4.  If  the  corporate  authorities  of  the  town 
of  Lake  at  any  time  deem  it  necessary  that  a viaduct  should  be  con- 
structed over  the  railway  tracks  on  and  adjacent  to  said  Stewart  ave- 
nue, at  the  intersection  of  any  street  crossing  said  portion  of  Stewart  ave- 
nue, then  the  said  railroad  company  agrees  to  contribute  its  equitable 
share  of  the  cost  of  such  viaduct,  upon  the  basis  that  the  entire  cost  of 
said  viaducts  shall  be  paid  by  the  railroad  companies  owning  tracks 
at  such  crossing,  now  or  hereafter;  each  company  paying  an  equal  share 
of  such  cost,  or  if  each  company  do  not  pay  as  aforesaid,  then  the  town 
of  Lake  or  individuals  shall  pay  such  proportionate  share;  said  rail- 
road company  shall,  nevertheless,  pay  its  equitable  share  as  aforesaid. 

f 5.  Completion  of  road— cessation  of  rights.]  § 5.  Un- 
less said  railroad  company  shall  have  entered  upon  and  completed  the 
construction  of  said  railroad  track  in  said  Stewart  avenue  to  the  point 
of  deflection  therefrom  within  ninety  days  from  the  passage  of  this  or- 
dinance, and  shall  complete  the  construction  of  said  track,  and  be  using 
the  same  through  said  town  of  Lake  in  a southwesterly  direction  to 
the  southern  line  thereof  within  six  months  of  the  passage  of  this 
ordinance,  then  all  rights  and  privileges  by  this  ordinance  granted  shall 
cease  and  determine. 


CHICAGO  & INDIANA  STATE  LINE  RAILROAD  COM- 
PANY. 

§ 233.  Chicago  & Indiana  State  Line  Railroad  company. 

H 1.  Ullman  street. 

^ 2.  Term  to  end  in  ten  years. 

An  ordinance  granting  permission  to  the  Chicago  & Indiana  State  Line  Railroad 
company  to  lay  down  and  operate  a switch  track.  (Passed  October  26,  1891. 
Accepted  November  6,  1891.) 

IT  1.  Ullman  street.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  be  and  is  hereby  granted  to 

the  Chicago  and  Indiana  State  Line  Railroad  Company  to  lay  down, 
maintain  and  operate  a switch  and  railroad  track  from  a point  in  the 


80 


466 


RAILROADS. 


[§  234 


line  of  its  present  track,  on  the  west  side  of  Ullman  street,  opposite 
to  or  south  of  the  north  line  of  Thirty-fourth  court,  across  said  Ull- 
man street  to  the  west  line  of  lots  i to  5 of  sub  block  7 of  Tracy’s  par- 
tition and  subdivision  of  block  14,  in  the  assessor’s  division  of  the 
northwest,  and  a part  of  the  northeast  quarter  of  section  32,  town  39 
north,  range  14,  the  same  to  be  done  under  the  direction  of  the  proper 
officers  of  the  city. 

1 2.  Term  to  end  in  10  years.]  § 2.  Said  grant  shall  be 
for  a term  of  ten  years  from  and  after  the  passage  hereof;  the  privileges 
hereby  given  to  be  subject  to  all  ordinances  which  may  hereafter  be 
passed  concerning  the  same;  Provided,  that  at  the  end  of  said  term 
such  track  and  switch  shall  be  removed  by  said  railroad  company,  un- 
der the  direction  of  the  city  officers  and  without  cost  or  expense  to 
the  city. 


CHICAGO,  MADISON  & NORTHERN  RAILROAD  COM- 
PANY. 

§ 234.  Chicago,  Madison  & Northern  Railroad  company. 

1.  Grant — route — conditions. 

][  2.  Telegraph  line — rate  of  fare, 
f 3.  Subject  to  ordinances. 

Tf  4.  Conditions  of  grant, 
f 5.  Indemnity  clause. 

6.  Time  for  completion. 

7.  Failure  to  comply. 

8.  When  in  effect — acceptance,  etc. 

An  ordinance  granting  the  right  of  way  to  the  Chicago,  Madison  & Northern 

Railroad  company.  (Passed  December  4,  1888.) 

If  1.  Grant — route — conditions.]  Be  it  ordained  by  the  board 

of  trustees  of  the  town  of  Cicero:  § 1.  That  permission  be,  and  the 

same  is  hereby  granted  to  the  Chicago,  Madison  & Northern  Railroad 
Company  to  locate,  construct  and  forever  hereafter  maintain  and  oper- 
ate with  steam  power  a line  of  railroad,  with  two  or  more  tracks,  as 
hereinafter  described,  upon  the  following  route,  in  the  town  of  Cicero, 
county  of  Cook,  state  of  Illinois,  viz: 

Beginning  at  a point  on  the  western  line  of  the  town  of  Cicero  on 
the  west  line  of  section  thirty  (30),  township  thirty-nine  (39)  north, 
range  thirteen  (13)  east  of  the  third  principal  meridian,  distant  three 
hundred  and  sixteen  and  five-tenths  (316.5)  feet  south  from  the  east 
and  west  line  through  the  center  of  said  section;  thence  in  a south- 
easterly course  through  the  southwest  quarter  of  said  section,  crossing 
Riverside  Parkway  with  a grade  crossing,  to  a point  on  the  north  and 
south  line  through  the  center  of  said  section,  distant  eleven  hundred 


234]  CHICAGO,  MADISON  & NORTHERN  RAILROAD  COMPANY. 


467 


and  ninety-seven  and  five-tenths  (i  197.5)  feet  from  the  south  center 
corner  of  said  section,  thence  on  the  same  southeasterly  course  across 
the  southeast  quarter  of  said  section,  crossing  all  streets  and  avenues 
at  grade,  to  a point  on  the  east  line  of  said  section,  ninety-five  and 
four  tenths  (95.4)  feet  north  of  the  southeast  corner  of  said  section, 
thence  in  the  same  southeasterly  course  across  the  southwest  quarter 
of  section  twenty-nine  (29),  township  thirty-nine  (39)  north,  range 
thirteen  (13),  east  of  the  third  principal  meridian,  to  a point  on  the 
south  line  of  said  section,  distant  two  hundred  and  thirty  and  four 
tenths  (230.4)  feet  from  the  southwest  corner  of  said  section,  thence 
in  a southeasterly  course  curving  slightly  to  the  north,  across  the  north- 
west quarter  of  section  thirty-two  (32),  township  thirty-nine  (39)  north, 
range  thirteen  (13),  east  of  the  third  principal  meridian,  crossing  the 
Chicago,  Burlington  & Quincy  Railroad  with  a grade  crossing,  and 
also  crossing  all  streets  and  avenues  by  grade  crossings,  to  the  inter- 
section of  Ogden  and  Austin  avenues,  thence  curving  with  a two  de- 
gree (20)  curve  to  the  north,  through  the  northeast  quarter  of  said  sec- 
tion, crossing  all  streets  and  alleyways  by  grade  crossings,  to  a point 
in  the  east  line  of  said  section,  distant  fourteen  hundred  and  four  and 
thirty-five  hundredths  (1,404.35)  feet  south  from  the  northeast  corner 
of  said  section;  the  line  described  being  the  center  line  of  the  souther- 
ly track  of  a proposed  double  track  railroad. 

At  the  west  line  of  section  thirty-three  (33),  the  northerly  line  of 
the  right  of  way  of  said  railroad  company  shall  be  the  south  line  of 
33rd  street,  as  laid  out  by  T.  F.  Baldwin,  in  his  subdivision  of  the 
northwest  quarter  of  section  thirty-three  (33),  township  thirty-nine  (39) 
north,  range  thirteen  (13),  east  of  the  third  principal  meridian,  said 
south  line  of  33rd  street,  being  1.^60  and  92-100  feet  south  of  the 
northwest  corner  of  said  section  thirty-three  (33);  thence  the  track 
or  tracks  of  said  railroad  eastward  through  said  section  thirty-three 

(33)  shall  be  laid  south  of  33rd  street:  and  through  section  thirty-four 

(34) ,  township  thirtv-nine  (39)  north,  range  thirteen  (13)  east  of  third 
principal  meridian,  shall  be  laid  south  of  the  north  half  of  the  north 
half  of  said  section. 

Said  tracks  to  be  laid  upon  any  ground  now  owned  or  that  may 
hereafter  be  acquired  by  said  railroad  company  upon  the  line  of  said 
route,  and  across  all  streets  and  allevs  along  said  route,  but  nothing 
in  this  ordinance  shall  be  construed  so  as  to  authorize  the  said  com- 
pany to  occupy  any  street  or  alley  lengthwise. 

Provided,  that  when  the  railroad  tracks  or  the  said  company  shall 
cross  any  street,  alley  or  other  line  of  railroad,  such  crossing  shall  not 
be  on  anv  trestle  work  or  viaduct;  and  when  the  tracks  of  said  com- 
pany shall  cross  the  tracks  of  any  other  railroad  company,  such  cross- 
ing shall  be  at  grade,  and  when  the  tracks  of  said  company  shall  cross 
any  street,  highwav  or  allev,  the  grade  of  such  crossing  shall  not  be 
more  than  five  and  one-half  feet  above  the  grade  of  said  street,  high- 
way or  alley;  and  provided  also,  that  no  turn-outs,  “‘YV*  or  sidings 


468 


RAILROADS. 


[§  234 


shall  be  laid  across  any  street,  highway  or  alley  without  the  permis- 
sion of  the  board  of  trustees  of  said  town  being  first  obtained  so  to  do, 
except,  however,  between  Hyman  avenue  and  Central  avenue;  and 
provided  further  that  said  railroad  company  shall  not  construct,  or 
cause  to  be  constructed  within  said  town  any  barbed  wire  fence. 

And  provided  further  that  no  more  than  four  tracks  shall  be  laid 
across  any  street  or  alley  in  said  town,  except  between  Hyman  avenue 
and  Central  avenue. 

IT  2.  Telegraph  line — rate  of  fare.]  § 2.  Permission  is  here- 
by granted  to  the  Chicago,  Madison  & Northern  Railroad  Company  to 
erect  and  forever  thereafter  maintain  a telegraph  line,  consisting  of 
one  or  more  lines  of  wire,  with  the  necessary  poles  upon  said  line  of 
railroad,  upon  the  route  above  described;  but  on  condition  that  the 
poles  hereby  authorized  to  be  erected  shall  not  be  placed  upon  any 
street,  highway  or  alley,  unless  authorized  by  the  board  of  trustees  of 
said  town,  or  their  successors  in  authority. 

The  privilege  and  authority  hereby  given  and  granted  to  said 
company  are  given  and  granted  upon  the  express  condition  that  the 
said  company  shall  make  no  higher  fare  to  or  from  its  terminus  in 
Chicago  and  any  point  on  its  line  in  the  town  of  Cicero  than  is  now 
made  by  the  Chicago,  Burlington  and  Quincy  Railroad  Company  to 
equal  distances  west  from  the  east  line  of  Cicero  on  a straight  line  run- 
ning due  north  and  south,  and  shall  issue  commutation  tickets  of  the 
same  character  as  the  Chicago,  Burlington  and  Quincy  Railroad  Com- 
pany now  issues,  and  shall  not  charge  higher  rates  of  fare  for  them  than 
is  now  charged  by  the  Chicago,  Burlington  and  Quincy  Railroad 
Company,  said  tickets  to  be  unlimited  as  to  time,  and  good  for  the 
holder  and  persons  accompanying  him  (except  monthly  tickets). 

And  the  said  company  shall  provide  for  its  patrons  commutation 
tickets,  providing  for  twenty-five  rides  each,  which  may  be  used  by 
the  holder  for  the  payment  of  his  own  passage,  or  any  person  or  per- 
sons accompanying  him. 

1 3.  Subject  to  ordinances.]  § 3.  The  privileges  and  au- 
thority herein  granted  to  said  company,  are  given  and  granted  upon 
the  express  condition  that  said  company,  its  successors  and  assigns, 
shall  promptly  fill  all  obligations  and  duties  that  are  now  or  may 
hereafter  be  lawfully  imposed  by  ordinance,  or  the  police  and  health 
regulations  of  the  town. 

If  4.  Conditions  of  grant.]  § 4-  The  privileges  and  authori- 
ty hereby  granted  and  given  to  said  railroad  company  are  given  and 
granted  upon  the  further  express  conditions: 

1st.  That  the  said  railroad  company  shall  grade  in  a proper 
manner  the  approaches  of  all  streets  now  open,  crossing  said  railroad, 
and  all  that  may  hereafter  be  opened  at  an  incline  not  exceeding  one 
foot  in  twenty-five  feet,  and  with  such  materials  as  the  board  of  trustees 
may  designate;  and  construct  and  maintain  at  their  own  expense 


§ 234]  CHICAGO,  MADISON  & NORTHERN  RAILROAD  COMPANY.  469 

suitable  planked  crossings  for  the  same,  of  the  full  width  of  the  road- 
way of  the  street,  and  shall  open  across  the  right  of  way  without  ex- 
pense to  the  town,  any  street  which  may  be  ordered  opened  by  the 
board  of  trustees  of  said  town  of  Cicero. 

2nd.  That  when  ordered  so  to  do  by  the  said  board  of  trustees, 
said  company  shall  put  in  and  maintain  and  operate  safety  gates,  or 
station  flagmen,  at  any  street  or  highway  crossing,  within  sixty  days 
from  the  passage  of  such  order  by  the  said  board  of  trustees. 

3rd.  That  the  said  company,  at  its  own  expense,  shall  construct, 
maintain  and  keep  clear  such  ditches  for  drainage  of  its  roadway  and 
for  free  flow  of  water  from  adjacent  property  through  the  town  of 
Cicero  as  shall  be  ordered  by  the  trustees  of  said  town,  and  whenever 
said  town  shall  desire  to  cross  said  right  of  way,  either  by  the  ex- 
tension of  streets  or  alleys  now  existing,  or  by  the  opening  of  new 
ones,  and  culverts  shall  be  needed  for  suitable  drainage,  it  shall  be  the 
duty  of  said  company  to  and  it  shall  construct  and  maintain  such  cul- 
verts at  its  own  expense  on  being  notified  so  to  do. 

4th.  The  said  town  of  Cicero  shall  have  the  right,  free  of  cost  or 
expense,  to  cross  the  right  of  way  of  said  railroad  company  for  the 
purpose  of  constructing  sewers  in  pursuance  of  any  plan  now  exist- 
ing or  that  may  hereafter  be  adopted  by  the  board  of  trustees  for  drain- 
age purposes  in  the  town  of  Cicero. 

5th.  The  said  company  shall  within  one  year  from  the  accept- 
ance of  this  ordinance  build  within  the  limits  of  said  town  of  Cicero, 
four  (4)  passenger  stations  and  shall  run  not  less  than  two  (2)  suitable 
passenger  trains  each  way  daily,  stopping  at  such  stations  on  signal, 
and  upon  failure  to  comply  with  the  conditions  of  this  clause  the  said 
company  shall  pay  to  the  said  town  a penalty  of  one  hundred  (100)  dol- 
lars for  each  and  every  failure. 

If  5.  Indemnity  clause.]  § 5.  The  privileges  and  authority 
hereby  granted  to  the  said  railroad  company  are  granted  upon  the  ex- 
press condition  that  said  company,  its  successors  or  assigns,  shall  for- 
ever indemnify  and  save  harmless  the  town  of  Cicero  against  and  from 
any  and  all  damages,  judgments,  decrees,  costs  and  expenses  of  the 
same  which  it  may  suffer,  or  which  may  be  obtained  against  said  town 
of  Cicero  by  reason  of  the  granting  of  said  privileges  and  authority,  or 
by  reason  of  the  exercising  by  said  railroad  company,  its  lessees  or  as- 
signs of  the  privileges  hereby  granted. 

If  6.  Time  for  completion.]  § 6.  One  or  more  tracks  shall 
be  laid  down  and  ready  for  operation  in  the  town  of  Cicero  within 
twelve  months  from  the  passage  of  this  ordinance:  Provided,  that  if 

the  work  in  said  town  or  upon  the  connecting  part  of  said  railroad  out- 
side of  said  town  shall  be  obstructed  or  delayed  by  injunction  or  other 
legal  proceedings  the  time  of  such  delay  shall  be  excluded  and  the 
same  time  in  addition  to  the  period  above  described  shall  be  allowed 
for  the  laying  of  said  track,  as  that  during  which  said  company  shall 
have  been  so  delayed. 


470 


RAILROADS. 


[§  235 


1 7.  Failure  to  comply.]  § 7.  In  case  said  company  shall 
fail  to  do  or  perform  any  act  by  it  to  be  done  or  performed  under  the 
provisions  or  terms  of  this  ordinance  within  sixty  days  after  being  or-t 
dered  or  directed  to  do  or  perform  such  act  by  the  board  of  trustees 
of  said  town,  then  and  in  such  case  the  said  town  of  Cicero  shall  have 
the  right  to  do  and  perform  such  act,  and  the  said  company  shall  be 
liable  to  pay  said  town  all  moneys  expended  or  obligations  incurred 
by  it  in  doing  and  performing  such  act.  And  the  right  hereby  re- 
served shall  not  be  construed  to  be  in  lieu  of  the  obligations  herein 
assumed  by  said  company,  but  in  addition  thereto. 

If  8.  When  in  effect — acceptance,  etc.]  § 8.  This  ordinance 
shall  take  effect  and  be  in  force  upon  and  after  its  passage;  Provided 
the  said  company  shall  first  pay  to  the  treasurer  of  the  town,  for  the 
use  and  benefit  of  said  town  of  Cicero,  the  sum  of  ten  thousand  (10,- 
000)  dollars,  and  shall  file  with  the  town  clerk  of  said  town  its  accept- 
ance of  the  terms  and  conditions  of  this  ordinance  within  ten  (10)  days 
from  the  passage  hereof. 

Note. — See  following  supplementary  ordinance. 

§ 235.  Chicago,  Madison  & Northern  Railroad  company. 

*ff  1.  Viaduct  over  the  C.,  B.  & Q.  R.  R. — construction. 

2.  Subways. 

3.  Subject  to  ordinance  of  December  4,  1888. 

4.  Indemnity  clause. 

5.  When  in  force — acceptance. 

An  ordinance  supplementary  to  an  ordinance  entitled  “An  ordinance  granting 
the  right  of  way  to  the  Chicago,  Madison  & Northern  Railroad  company,” 
passed  December  4,  1888.  (Passed  and  approved  September  7,  1889.) 

If  1.  Viaduct  over  C.,  B.  & Q.  R.  R.— construction.]  Be  it 

ordained  by  the  board  of  trustees  of  the  town  of  Cicero:  § 1.  That 
the  railroad  now  in  process  of  construction  by  the  Chicago,  Madison 
and  Northern  Railroad  Company,  upon  and  along  the  route  described 
in  the  first  section  of  the  ordinance  heretofore  passed  by  the  board  of 
trustees  of  the  town  of  Cicero,  entitled  “An  ordinance  granting  the 
right  of  way  to  the  Chicago,  Madison  and  Northern  Railroad  Com- 
pany,” may  be  constructed  over  and  across  the  railway  of  the  Chicago, 
Burlington  and  Quincy  Railroad  Company,  in  the  northwest  quarter 
of  section  thirty-two  (32),  township  thirty-nine  (39),  north  of  range 
thirteen  (13)  east  of  the  third  principal  meridian,  with  a bridge  or  via- 
duct, at  a height  not  exceeding  twenty  (20)  feet  in  the  clear,  above  the 
top  of  the  rails  of  the  track  of  the  said  Chicago,  Burlington  and 
Quincy  Railroad  Company,  as  the  same  are  now  laid,  to  the  lowest 
point  of  said  bridge  or  viaduct,  and  with  suitable  approaches  thereto 
of  earth  work  on  each  side  of  the  said  crossing,  at  a grade  of  not  less 
than  five  (5)  inches  to  every  one  hundred  (100)  feet  between  Ogden 
avenue  and  the  crossing  of  the  Chicago,  Burlington  and  Quincy  Rail- 
road, and  six  (6)  inches  to  every  one  hundred  (100)  feet  for  the  balance 
of  said  approaches;  Provided,  said  approaches  may  be  constructed 


§ 235]  [CHICAGO,  MADISON  & NORTHERN  RAILROAD  COMPANY.  471 

temporarily  of  trestle  work,  but  said  approaches  shall  be  changed  to 
earth  work  within  twenty-four  (24)  months  from  the  time  the  tempor- 
ary trestle  work  is  ready  for  use. 

If  2.  Subways.]  § 2.  The  following  streets,  or  avenues, 
crossed  by  the  said  approaches  shall  be  carried  under  the  track,  or 
tracks  of  the  said  Chicago,  Madison  and  Northern  Railroad  Com- 
pany, viz. : Ridgeland  avenue,  Goodwin  avenue,  Ogden  avenue,  Aus- 
tin avenue,  and  Hiawatha  avenue,  and  in  such  manner  as  shall  leave  a 
clear,  straight  roadway  between  abutments  of  not  less  than  sixty  (60) 
feet  in  width  for  Ogden  avenue  and  Austin  avenue,  and  not  less  than 
thirty-three  (33)  feet  in  width  for  each  of  the  other  avenues  above  men- 
tioned, and  the  said  railroad  company  shall  construct  and  maintain  the 
said  crossings  at  its  own  cost  and  expense.  _ 

Abutments  for  the  bridges  crossing  said  avenues  shall  be  con- 
structed of  solid  masonry,  which  may  be  placed  upon  the  said  avenues 
at  right  angles  to  the  line  of  the  railroad,  provided,  that  said  abut- 
ments shall  be  so  placed  as  not  to  rest  upon,  or  over,  or  in  any  man- 
ner interfere  with,  any  sewer,  or  sewers,  now  laid  in  any  of  said  streets 
or  avenues. 

And  said  railroad  company  shall  at  its  own  expense  lower  Ogden 
and  Austin  avenues  so  much  as  may  be  necessary  to  carry  the  same 
under  the  tracks,  provided,  that  said  Ogden  and  Austin  avenues  shall 
not  be  lowered  to  a depth  of  more  than  six  (6)  inches  below  the  na- 
tural surface  of  the  surrounding  or  adjoining  prairie. 

The  grade  of  said  depression  of  said  streets  to  be  such  as  the  town 
engineer  may  approve  or  order. 

The  surface  of  the  roadways  of  said  avenues  to  be  not  less  than 
twelve  (12)  feet  below  the  lowest  projection  of  its  bridge,  or  viaduct, 
over  the  same ; the  work  to  be  done  under  the  direction  of  the  authori- 
ties of  the  town  of  Cicero. 

Clyde  avenue,  when  laid  out  and  extended  to  one  of  said  ap- 
proaches, shall  be  carried  over  the  track,  or  tracks  of  the  said  Chicago, 
Madison  and  Northern  Railroad  Company,  upon  a level  therewith: 
the  approaches  to  be  of  earth,  and  at  a grade  of  one  (1)  foot  for  every 
twenty  (20)  feet. 

Said  approaches  to  be  constructed  at  the  expense  of  said  Chicago, 
Madison  and  Northern  Railroad.  All  said  approaches  to  be  con- 
structed in  a manner  to  be  approved  by  the  board  of  trustees  of  said 
town. 

1 3.  Subject  to  ordinance  of  December  4,  1888.  ] § 3.  The 

privileges  and  authority  hereby  granted,  are  granted  upon  the  con- 
ditions expressed  in  the  ordinance  hereinbefore  referred  to,  to  which 
this  is  supplementary,  so  far  as  the  same  are  not  inconsistent  with  the 
provisions  hereof;  and  all  provisions  in  that  ordinance  contained  not 
inconsistent  with  the  provisions  of  this  ordinance  shall  continue  in  full 
force. 


472 


RAILROADS. 


[§  236 


If  4.  Indemnity  clause.]  § 4.  The  privileges  and  authority 

hereby  granted  to  the  said  railroad  company  are  granted  upon  the  ex- 
press condition  that  said  company,  its  successors,  or  assigns,  shall  for- 
ever indemnify,  and  save  harmless,  the  town  of  Cicero  against,  and 
from,  any  and  all  damages,  judgments,  decrees,  costs,  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  obtained  against 
said  town  of  Cicero  by  reason  of  the  granting  of  said  privileges  and 
authority,  or  by  reason  of  the  exercising  by  said  railroad  company, 
its  lessees,  or  assigns,  of  the  privileges  hereby  granted. 

If  5.  When  in  force — acceptance.]  § 5.  This  ordinance  shall 

be  in  force  and  take  effect  from  and  after  its  passage,  provided  said 
Chicago,  Madison  and  Northern  Railroad  Company  shall  file  with  the 
town  clerk  of  the  said  town  of  Cicero  its  written  acceptance  of  the 
same. 

§ 236.  Chicago,  Madison  & Northern  Railroad  company. 

U 1.  Grant— route. 

\ 2.  Construction — supervision — grade — crossings. 

\ 3.  Underground  telegraph — use  by  city — damage  to  sewers,  etc. 
\ 4.  Motive  power — gates  at  crossings — attendants. 

]f  5.  Permission  to  lay  tracks  on  Archer  avenue — conditions. 

\ 6.  Rights  of  Chicago  City  Railway  company, 
if  7.  Ogden  slip  to  be  filled — cost — rights  of  Consumers’  Gas  com- 
pany. 

Tf  8.  Grant  to  Chicago  & Alton  Railroad  company — route, 
if  9.  Grant  to  Chicago  & Alton  Railroad  company — route, 
if  10.  Halsted  street  viaduct — condemnation — cost, 
f 11.  Bond — conditions — payment  of  judgment, 
i 12.  Subject  to  railroad  ordinances, 
if  13.  Acceptance — when  in  force. 

An  ordinance  authorizing  the  Chicago,  Madison  & Northern  Railroad  company 
to  construct,  maintain  and  operate  a railroad  in  the  city  of  Chicago.  (Passed 
August  1,  1889.  Accepted  August  6,  1889.) 

1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  in  consideration  of  the  agreements  here- 

inafter contained,  the  right  is  hereby  granted  to  the  Chicago,  Madison 
& Northern  Railroad  Company,  its  lessees,  successors,  and  assigns, 
to  construct,  maintain,  and  operate  a railroad  with  two  or  more  main 
tracks  and  necessary  side  or  connecting  tracks,  turnouts,  switches  and 
appurtenances,  over  such  lands  as  it  now  has  or  may  hereafter  in  any 
manner  acquire  the  right  to  lay  tracks  upon  and  over,  across  or  along 
all  intervening  streets,  alleys,  and  public  grounds  along  and  upon  the 
following  route:  Beginning  at  Crawford  avenue,  at  a point  on  the 

west  line  of  section  thirty-five  (35),  in  township  thirty-nine  (39)  north, 
range  thirteen  (13),  east  of  the  third  principal  meridian,  in  Cook 
county,  Illinois,  at  or  near  the  northwest  corner  of  the  southwest  quar- 
ter of  the  northwest  quarter  of  said  section,  and  thence  easterly  across 
the  said  section  thirty-five  (35),  the  west  fork  of  the  south  branch  of 
the  Chicago  river,  and  a part  of  section  thirty-six  (36),  in  the  same 
township  and  range,  to  the  right  of  way  of  the  Atchison,  Topeka  & 


473 


§ 236]  CHICAGO,  MADISON  & NORTHERN  RAILROAD  COMPANY. 

Santa  Fe  Railroad  Company  in  Chicago;  thence  northeasterly  along 
the  northwesterly  side  of  said  right  of  way  to  the  intersection  of 
Leavitt  street  with  Thirty-first  street;  thence  easterly  and  northeasterly, 
north  of  Thirty-first  street,  across  the  Illinois  and  Michigan  canal  to 
an  intersection  at  or  near  Ashland  avenue,  with  the  right  of  way  of  the 
Chicago  & Alton  Railroad  Company;  thence  upon  and  along  the  right 
of  way  of  the  Chicago  & Alton  Railroad  Company,  across  the  south 
fork  of  the  south  branch  of  the  Chicago  river,  to  a point  on  the  south 
side  of  the  tracks  of  the  Chicago  & Alton  Railroad  Company  at  or  near 
Pitney  street;  thence  northeasterly,  and  within  eighty  (80)  feet  of  the 
south  line  of  the  right  of  way  of  the  Chicago  & Alton  Railroad  Com- 
pany to  the  west  line  of  Main  street ; thence  to  a point  on  the  west  line 
of  Quarry  street,  where  the  southerly  boundary  of  the  right  of  way 
shall  be  one  hundred  and  fifty  (150)  feet  north  of  the  north  line  of 
Archer  avenue,  thence  to  Halsted  street  north  of  the  east  and  west 
alley  in  Haley’s  subdivision  of  lot  seven  (7)  of  block  one  (1)  in  Canal 
trustees’  subdivision  of  south  fraction  section  twenty-nine  (29),  town- 
ship thirty-nine  (39),  north  of  range  fourteen  (14),  east  of  the  third 
principal  meridian;  thence  to  the  west  line  of  Sanger  street  projected 
north  to  Waver  street,  where  the  southerly  boundary  of  the  right  of 
way  shall  be  thirty  (30)  feet  north  of  the  north  line  of  Archer  avenue; 
thence  along  Archer  avenue  and  across  lots  twelve  (12),  eleven  (11), 
ten  (to),  and  nine  (9),  in  block  four  (4),  in  south  branch  addition  to 
Chicago,  to  the  north  and  south  alley  east  of  lot  nine  (9),  in  said  block 
four  (4);  thence  northerly  and  easterly  across  said  block  four  (4),  and 
Crane’s  subdivision  of  part  of  the  east  half  of  the  northwest  quarter  of 
section  twenty-eight  (28),  in  township  thirty-nine  (39),  north  of  range 
fourteen  (14),  east  of  the  third  principal  meridian,  and  the  south 
Scandianavia  addition  to  Chicago,  in  section  twenty-one  (21),  of  the  last 
mentioned  township  and  range,  to  the  corner  of  Grove  street  and 
Stewart  avenue,  and  to  Stewart  avenue  between  Archer  avenue  and  the 
north  line  of  Grove  street;  thence  northerly  along  and  upon  the  east- 
erly half  of  Grove  street,  using  the  existing  tracks  only,  or  on  land 
east  of  and  immediately  adjacent  thereto,  to  Sixteenth  street;  thence 
northerly  across  Sixteenth  street  to  the  St.  Charles  Air  Line  Railroad. 

If  2.  Construction — supervision— grade — crossings.]  § 2. 

The  said  company  shall  be  subject  to  the  supervision  of  the  depart- 
ment of  public  works  of  said  city  in  the  construction  of  said  tracks, 
and  the  keeping  in  repair  of  so  much  of  said  streets,  alleys  and  cross- 
ings as  may  be  occupied  by  any  of  the  said  tracks.  At  all  crossings  of 
streets  and  alleys  the  railroad  tracks  shall  be  made  to  conform  to  the 
established  grade,  except  where  it  may  be  necessary  to  depress  the 
same  to  allow  the  proper  construction  of  a bridge  or  viaduct  at  Hal- 
sted street,  suitable  approaches  constructed  and  the  spaces  between 
the  tracks  shall  be  planked  or  paved  by  said  company;  and  when  said 
tracks  cross  any  sidewalk,  the  company  shall  keep  the  sidewalk  across 
all  of  its  right  of  way  in  good  repair.  When  new  sidewalks  shall  be 


474 


RAILROADS. 


ordered  at  such  crossings  by  the  city  council,  said  company  shall  con- 
struct the  same  as  ordered;  and  if  the  said  company  shall  neglect  to 
repair  such  sidewalk  or  to  construct  new  sidewalk  when  ordered  as 
aforesaid,  the  city  may  cause  such  work  to  be  done,  and  the  said  com- 
pany shall  be  liable  to  the  said  city  for  the  costs  of  the  same,  and  it 
shall  also  be  liable  for  all  damage  which  may  be  occasioned  to  any 
person  or  persons  by  reason  of  its  neglect  to  keep  any  sidewalk  in  re- 
pair or  to  construct  the  same  as  herein  provided. 

If  3.  Underground  telegraph — use  by  city — damage  to  sewers, 
etc.]  § 3.  That  permission  and  authority  are  also  given  and 
granted  to  the  Chicago,  Madison  & Northern  Railroad  Company,  its 
lessees,  successors  and  assigns,  to  construct,  maintain  and  operate  for 
its  or  their  exclusive  use  and  benefit,  a line  of  underground  telegraph 
along  the  railway  line  described  in  the  first  section  of  this  ordinance, 
and  the  said  company  shall  be  subject  to  the  conditions  and  provisions 
of  all  ordinances  of  the  city  of  Chicago  now  in  force  or  which  may 
hereafter  be  passed  regulating  the  manner  of  constructing  telegraph 
lines  in  said  city,  and  shall  pay  all  damages  done  to  any  street  or  alley 
by  the  construction  herein  authorized.  And  if,  in  the  construction  of 
said  railroad  or  telegraph  line,  any  damage  or  injurv  shall  result  to 
any  of  the  sewers,  water  pipes,  private  drains  or  conduits  in  said  city, 
then  the  company  shall  be  liable  to  said  city  for  such  damage  or  injury. 
Provided  further,  that  the  city  of  Chicago  shall  have  the  right  to  use 
any  of  the  said  railroad  company’s  conduits  in  laying  any  wires  neces- 
sary for  the  police  and  fire  departments  without  any  expense  to  the 
city  for  such  privilege  other  than  the  cost  of  laying  the  said  wires. 

1 4.  Motive  power — gates  at  crossings— attendants.]  § 4 
Cars  may  be  run  over  and  along  the  railroad  tracks  herein  authorized 
to  be  laid  with  steam  or  such  other  motive  power  as  the  said  Chicago, 
Madison  & Northern  Railroad  Company,  its  lessees,  successors,  or  as- 
signs may  deem  best,  subject  to  all  valid  general  laws  and  ordinances 
of  the  city  of  Chicago  relating  to  railroad  companies  now  in  force  or 
which  may  hereafter  be  passed;  but  this  section  shall  not  be  so  con- 
strued as  to  authorize  said  company  to  construct  or  operate  what  is 
commonly  known  as  a horse  railroad  for  the  transportation  of  pas- 
sengers to  and  fro  within  the  city  of  Chicago.  The  said  Chicago, 
Madison  & Northern  Railroad  Company  shall,  when,  and  as  it  may 
be  required  by  the  city  council,  erect  and  maintain,  or  cause  to  be 
erected,  and  maintained,  without  expense  to  the  citv  of  Chicago,  suit- 
able gates  for  the  protection  of  the  public  at  the  street  crossings  along 
the  route  authorized  in  this  ordinance,  with  the  necessarv  attendants 
in  charge  thereof,  during  the  hours  of  each  and  every  day,  as  may  be 
required  by  the  commissioner  of  public  works  of  the  citv  of  Chicago. 

If  5.  Permission  to  lay  tracks  on  Archer  avenue — condi- 
tions.] § 3.  Whereas  an  ordinance  has  been  introduced  and  is  now 
pending  in  the  city  council  for  the  widening  of  Archer  avenue,  between 
Bushnell  street  and  Sanger  street,  by  appropriating  therefor  the  land 


236]  CHICAGO,  MADISON  & NORTHERN  RAILROAD  COMPANY. 


475 


on  the  south  side  of  said  avenue,  lying  north  of  the  following  described 
line,  to  wit:  Beginning  at  a point  on  the  south  line  of  Archer  avenue 
about  one  hundred  (100)  feet  east  of  the  east  line  of  Bushnell  streei 
and  running  thence  southwesterly  on  a curve  to  the  right  to  the  south- 
west corner  of  lot  two  (2),  block  nine  (9),  south  branch  addition;  thence 
west  on  a straight  line  to  a point  on  the  west  line  of  Wallace  street, 
situated  one  hundred  (100)  feet  south  of  the  south  line  of  Archer  ave- 
nue; thence  westerly  on  a curve  to  the  right  to  a point  on  the  east  line 
of  lot  ten  (10)  in  block  eleven  (11)  in  south  branch  addition  to  Chi- 
cago, situated  about  fifty  (50)  feet  south  of  the  south  line  of  Archer 
avenue;  thence  southerly  along  the  southeasterly  line  of  said  lot  ten 
(10)  to  the  northerly  line  of  McGregor  street;  thence  westerly  along 
the  northerly  line  of  McGregor  street  to  its  intersection  with  Archer 
avenue. 

Now,  in  case  said  ordinance  shall  go  into  effect  and  said  avenue 
is  widened,  permission  and  authority  are  hereby  granted  to  the  Chi- 
cago, Madison  & Northern  Railroad  Company,  its  lessees,  successors 
and  assigns,  to  lay  down,  maintain  and  operate  four  railroad  tracks, 
and  to  the  Chicago  & Alton  Railroad  Company,  its  lessees,  successors 
and  assigns,  to  lay  down,  maintain  and  operate  two  railroad  tracks 
on  that  portion  of  Archer  avenue,  when  widened  as  aforesaid,  lying 
between  the  two  following  lines,  to  wit:  one  line  north  of  and  nearly 
parallel  to  and  seventy  (70)  feet  distant  from  the  south  line  of  widened 
Archer  avenue,  as  said  line  is  above  described,  the  other  line  north  of 
and  nearly  parallel  to  the  said  described  line  and  one  hundred  and  six- 
ty (160)  feet  distant  therefrom.  The  permission  and  authority  granted 
in  this  section  are  upon  the  condition,  however,  that  no  steam  railroad 
track  shall  be  laid  down  or  maintained  on  said  Archer  avenue  between 
Bushnell  street  and  Sanger  street,  except  between  the  two  lines  last 
above  described;  and  upon  the  further  condition  that  the  cost  and  ex- 
pense of  procuring  the  land  necessary  for  the  widening  of  Archer  ave- 
nue, as  aforesaid,  and  all  damages  occasioned  thereby,  and  the  cost  of 
grading  and  paving  the  same,  and  also  so  much  of  the  said  street  ad- 
joining it  on  the  north  as  shall  be  occupied  by  the  tracks  of  the  Chi- 
cago, Madison  & Northern  Railroad  Company  and  the  tracks  of  the 
Chicago  & Alton  Railroad  Comoany,  shall  be  paid  for  by  the  Chicago, 
Madison  & Northern  Railroad  Company,  and  a special  assessment  for 
the  aforesaid  cost  and  expense  may  be  levied  solely  on  the  property 
of  said  railroad  company.  And  the  said  Chicago,  Madison  & North- 
ern Railroad  Company  shall  build  at  its  own  expense,  in  conformity 
to  plans  to  be  approved  bv  the  commissioner  of  public  works,  along 
the  south  side  of  its  roadway,  the  entire  length  of  Archer  avenue, 
which  it  shall  traverse,  a substantial  brick  or  stone  wall  twelve  (12) 
feet  in  height,  with  stone  coping,  which  said  company  shall  keen  in 
good  condition  and  repair,  and  shall  also  construct  a sidewalk  along 
the  south  side  of  said  wall  whenever  the  same  shall  be  ordered  by  the 
municipal  authorities  of  said  city. 


476 


RAILROADS. 


[§  236 

T 6.  Rights  of  Chicago  City  Ry.  Co.]  § 6.  The  rights 

and  privileges  hereby  granted  to  the  several  railroad  companies  here- 
in named  in  Archer  avenue  are  subject  to  the  rights  and  privileges 
therein  of  the  Chicago  City  Railroad  Company,  and  permission  and 
authority  are  hereby  granted  upon  the  completion  of  the  widening  of 
Archer  avenue  as  aforesaid,  to  the  said  Chicago  City  Railway  Com- 
pany, if  it  elects  so  to  do,  to  remove  their  tracks  from  their  present  lo- 
cation in  that  portion  of  Archer  avenue,  so  to  be  widened,  and  to  relay 
them  upon  the  south  seventy  (70)  feet  of  Archer  avenue  as  widened; 
Provided,  however,  that  said  removal  shall  not  be  made  until  a permit 
therefore  shall  be  obtained,  and  the  proposed  location  of  said  tracks 
on  said  seventy  (70)  feet  has  been  approved  by  the  commissioner  of 
public  works,  and  said  tracks  shall  be  relaid  subject  to  the  approval 
of  the  said  commissioner.  Such  removal  shall  be  a waiver  and  aban- 
donment of  the  rights  of  said  Chicago  City  Railway  Company  as  to 
the  portion  of  Archer  avenue  from  which  said  tracks  are  removed. 

If  7.  Ogden  slip  to  be  filled — cost — rights  of  Consumers’ 
Gas  Co.]  § 7.  All  that  portion  of  Ogden  slip  lying  south  of  the 
north  line  of  Archer  avenue  as  the  same  shall  be  widened  as  recited  in 
section  5,  shall  be  permanently  filled  with  earth,  and  the  cost  of  the 
said  improvement  shall  be  paid  by  the  Chicago,  Madison  & Northern 
Railroad  Company;  Provided,  that  the  order  of  the  city  council  passed 
September  17,  1888,  page  357  of  council  procedings,  be,  and  the  same 
is  hereby,  repealed,  and  the  right  of  the  Consumers’  Gas  Company  to 
operate  and  maintain  the  switch  tracks  on  the  south  side  of  Archer 
avenue  across  Butler  street,  also  across  Twenty-fourth  place  and  the 
alley  between  Twenty-fourth  place  and  Twentv-fifth  street,  is  hereby 
confirmed;  Provided  that  the  said  Consumers’  Gas  Company  shall 
consent  to  the  closing  and  filling  of  said  Ogden  slip  and  release  all 
claim  to  damages  on  account  thereof:  Provided  further,  that  said 

Chicago,  Madison  and  Northern  Railroad  Company  shall  pay  the  city 
of  Chicago  for  any  sewers,  drains,  or  pipes  it  may  at  any  time  place 
and  construct  in  said  premises  now  known  as  Ogden  slip,  and  all  the 
cost  and  expense  of  laying  the  same. 

If  8.  Grant  to  Chicago  & Alton  R.  R.  Co.]  § 8.  Per- 
mission and  authority  are  hereby  granted  to  the  Chicago  & Alton  Rail- 
road Company,  its  successors  and  assigns,  to  lay  down,  maintain  and 
operate  two  main  railroad  tracks,  with  necessary  switches,  on  ground 
to  be  acquired  for  the  purpose,  lying  north  of  and  adjacent  or  near  to 
that  portion  of  the  said  Chicago,  Madison  & Northern  Railroad  as 
herein  located,  which  lies  between  the  intersection  of  Grove  street  with 
Archer  avenue  and  a point  on  Stewart  avenue  between  Grove  street 
and  the  south  branch  of  the  Chicago  river,  at  which  last  named  point 
the  said  two  main  tracks  may  be  connected  with  tracks  of  the  said 
Chicago  & Alton  Railroad  Company  now  laid  in  Stewart  avenue,  and 
to  cross  for  that  purpose  all  intervening  streets  and  alleys. 


§ 236]  CHICAGO,  MADISON  & NORTHERN  RAILROAD  COMPANY.  477 

If  9.  Grant  to  Chicago  & Alton  R.  R.  Co.— route.]  § 9. 

Permission  and  authority  are  also  hereby  granted  to  the  Chicago  & 
Alton  Railroad  Company,  its  successors  and  assigns,  to  re-locate  its 
tracks  between  the  east  side  of  Joseph  street  and  the  east  side  of 
Waver  street,  and  to  lay  down,  maintain  and  use,  between  the  street 
lines  last  mentioned  on  grounds  now  owned  by  it  and  on  grounds  to 
be  hereafter  acquired  for  that  purpose,  lying  north  of  and  adjacent 
to  the  Chicago,  Madison  & Northern  Railroad,  as  herein  located,  four 
main  tracks,  with  necessary  side  tracks,  turn-outs  and  switches,  and 
to  cross  for  the  purpose  all  intervening  streets  and  alleys;  Provided, 
that  no  track  shall  be  laid  across  either  of  such  streets  or  alleys  north 
of  the  present  location  of  the  northerly  track  of  the  said  Chicago  & 
Alton  Railroad  Company  now  laid  over  and  across  the  same.  When 
the  tracks  authorized  in  sections  eight  and  nine  of  this  ordinance  cross 
any  street  or  alley,  said  Chicago  & Alton  Railroad  Company  shall  keep 
the  space  between  the  tracks  planked  or  paved;  and  when  said  tracks 
cross  any  sidewalk,  the  said  company  shall  keep  the  sidewalk  in  the 
spaces  between  the  tracks  in  good  repair.  All  the  provisions  of  this 
ordinance  limiting  the  rights  and  fixing  the  obligations  of  the  Chicago, 
Madison  & Northern  Railroad  shall  be  equally  applicable  to  the  Chi- 
cago & Alton  Railroad,  except  those  provisions  relating  to  building 
the  viaduct  and  approaches,  the  wall  in  Archer  avenue,  constructing 
telegraph  communication  and  filling  the  Ogden  slip. 

Tf  10.  Halsted  street  viaduct — condemnation— cost.]  § 10. 
The  rights  herein  granted  are  upon  the  express  condition  that  the  said 
Chicago,  Madison  & Northern  Railroad  Company  shall  pay  to  the 
city  of  Chicago  the  entire  cost  and  expense  of  a viaduct'  over  Halsted 
street,  and  approaches  thereto,  said  viaduct  and  approaches  to  be  the 
width  of  the  streets  to  be  constructed  in  accordance  with  plans  to  be 
approved  by  the  mayor  and  commissioner  of  public  works.  The  north 
approach  of  said  viaduct  shall  begin  in  Halsted  street  at  or  near  the 
south  branch  of  the  Chicago  river  and  on  the  south  side  thereof,  and 
said  approach  and  viaduct  shall  be  constructed  south  along  Halsted 
street  to  Archer  avenue  and  beyond  with  approaches  in  Archer  ave- 
nue, making  as  little  interference  with  the  present  grade  of  Archer 
avenue  in  crossing  as  shall  be  found  practicable.  It  is  ordered  that 
said  viaduct  shall  be  commenced  within  two  years  after  the  acceptance 
of  this  ordinance,  and  any  legal  proceedings  necessary,  by  way  of  con- 
demnation or  otherwise,  are  hereby  ordered  to  be  taken. 

The  said  company  shall  and  hereby  agrees  to  pay  all  costs  and 
expenses  of  such  proceedings.  The  said  Chicago,  Madison  & Northern 
Railroad  Company  shall  and  hereby  further  agrees  to  pay  to  the  city 
of  Chicago  the  cost  and  expense  of  the  construction  and  maintenance 
of  a viaduct  and  approaches  on  IJalsted  street  and  Archer  avenue  as 
aforesaid,  in  accordance  with  plans  to  be  approved  by  the  mayor  and 
commissioner  of  public  works,  and  the  said  company  shall  pay  all 
damages  to  lots,  lands  and  buildings  and  any  title  to  or  interest  there- 


478 


RAILROADS. 


[§  236 


in  or  to  the  occupancy  or  possession  thereof  which  may  be  recovered 
or  obtained  against  the  city  of  Chicago  in  consequence  of  the  con- 
struction of  said  viaduct  and  approaches,  and  shall  also  pay  all  dam- 
ages that  shall  accrue  to  property  owners  fronting  on  streets  whereon 
such  viaduct  or  approaches  may  be  erected,  by  reason  of  the  construc- 
tion of  said  viaduct  and  approaches;  Provided,  however,  that  the  south 
approaches  on  Archer  avenue  and  Halsted  street  shall  be  constructed 
so  that  the  grade  of  said  approaches  from  the  commencement  thereof 
to  the  highest  point  of  said  approaches  in  Archer  avenue  shall  be  one 
foot  rise  in  each  forty  lineal  feet;  and  from  the  north  line  of  Archer 
avenue  to  the  south  end  of  said  viaduct  the  rise  per  foot  shall  be  one 
foot  in  every  thirty-two  lineal  feet. 

If  11.  Bond — conditions — payment  of  judgment.]  § n.  Be- 
fore exercising  any  of  the  rights  hereby  granted,  the  Chicago,  Madi- 
son & Northern  Railroad  Company  shall  execute  to  the  city  of  Chi- 
cago a bond  in  the  penal  sum  of  one  hundred  thousand  (100,000)  dol- 
lars, to  be  approved  by  the  mayor  and  comptroller,  conditioned  that 
said  company  shall  and  will  observe  and  perform  all  the  provisions  of 
this  ordinance,  and  shall  and  will  forever  indemnify  and  save  harm- 
less said  city  of  Chicago  against  and  from  any  and  all  damages,  judg- 
ments, decrees,  costs  and  expenses  of  the  same  which  said  city  may 
suffer,  or  which  may  be  recovered  or  obtained  against  said  city  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage  of  this 
ordinance,  or  from  any  act  or  acts  of  the  said  company,  under  or  by 
virtue  of  the  privileges  of  this  ordinance.  Provided,  however,  that 
the  said  bond  shall  not  be  construed  to  limit  the  liability  of  said  com- 
pany to  one  hundred  thousand  (100,000)  dollars,  but  the  said  corm 
pany  shall  be  liable  to  the  full  extent  of  every  liability  imposed  by  this 
section,  notwithstanding  the  amount  thereof  may  exceed  one  hundred 
thousand  (100,000)  dollars. 

And  it  is  hereby  further  provided,  that  upon  the  recovery  of  any 
final  judgment  or  judgments  against  the  said  city,  as  aforesaid,  the  said 
company  shall  immediately  and  without  prior  payment  of  such  judg- 
ment or  judgments-  by  said  city,  be  liable  to  pay  and  shall  pay  the 
amount  or  amounts  thereof  to  the  said  city,  and  the  fact  that  the  said 
city  may  not  have  paid  such  judgment  or  judgments  shall  constitute 
no  defense  on  the  part  of  said  company. 

t 12.  Subject  to  railroad  ordinances.]  § 12.  The  privileges 

and  rights  herein  granted  shall  be  subject  to  all  laws  and  ordinances 
governing  railroads  now  in  force  or  which  shall  hereafter  be  passed 
by  the  legislature  of  this  state  or  by  the  city  council. 

If  13.  Acceptance — when  in  force.]  § 13.  This  ordinance 

shall  not  take  effect  unless  an  acceptance  thereof  .by  the  Chicago, 
Madison  & Northern  Railroad  Company,  and  the  bond  hereinbefore 
provided  for,  shall  be  filed  with  the  city  clerk  within  thirty  days  from 
the  passage  hereof;  two  of  said  railroad  tracks  shall  be  laid  and  the 


§ 237]  CHICAGO,  MILLINGTON  & WESTERN  RAILWAY  COMPANY. 


479 


other  work  which  is  to  be  done  under  this  ordinance  by  said  company 
shall  be  done  and  completed  within  three  years  from  the  passage 
hereof,  unless  delayed  by  injunction,  provided,  the  same  is  not  collu- 
sive; otherwise  the  authority  and  permission  hereby  granted  shall  be 
forfeited. 


CHICAGO,  MILLINGTON  & WESTERN  RAILWAY  COM- 
PANY. 

§ 237.  Chicago,  Millington  & Western  Railway  company. 

1.  Grant — rouie. 

2.  Subject  to  ordinances. 

3.  Tracks — construction — supervision — street  repairs. 

4.  Motive  power — horse  railroad  prohibited. 

5.  Permanent  crossings. 

6.  Indemnity. 

^|  7.  Side  tracks. 

ji  8.  Rights  of  other  roads — joint  user. 

T|  9.  When  in  force. " 

An  ordinance  concerning  the  Chicago,  Millington  & Western  Railway  company. 

(Passed  August  21,  1876.) 

1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  is  hereby 
granted  to  the  Chicago,  Millington  & Western  Railway  Company  to 
introduce  its  narrow  gauge  road  into  the  city  of  Chicago,  commenc- 
ing on  the  western  city  limits  near  the  center  line  of  section  twenty- 
six  (26),  township  thirty-nine  (39),  range  thirteen  (13),  east  of  the 
third  principal  meridian;  thence  east  on  Twenty-sixth  street,  or  the 
line  thereof,  to  a connection  with  the  tracks  of  the  Chicago  & South- 
ern Railway,  where  the  same  are  laid  upon  said  street  under  an  ordi- 
nance of  the  common  council  passed  October  26,  1874. 

1 2.  Subject  to  ordinances.]  § 2.  And  said  company  may 
operate  its  narrow  gauge  tracks,  the  construction  of  which  is  author- 
ized as  subject  to  all  ordinances  of  the  city  governing  railroad  cor- 
porations, now  in  force  or  which  may  hereafter  be  passed. 

T 3.  Tracks— construction — supervision — street  repairs.]  § 3. 
Permission  and  authority  are  hereby  granted  to  the  said  Chicago, 
Millington  & Western  Railway  Company  to  construct,  maintain  and 
operate  its  railroad,  with  single  or  double  narrow  gauge  tracks  and 
all  necessary  switches  and  turn-outs  along  the  line  as  may  be  neces- 
sary to  transact  the  ordinary  business  of  said  railroad  company,  said 
narrow  gauge  track  or  tracks,  switches  and  turn-outs  to  be  laid,  built 
and  constructed  subject  to  the  directions  of  the  board  of  public  works 
of  the  city;  the  said  streets,  alleys  and  crossings  which  may  be  occu- 


480 


RAILROADS. 


[§  237 


pied  by  said  railway  company  with  its  tracks,  switches  and  turn-outs 
shall,  whenever  required  by  the  city  council,  be  graded,  paved  and 
repaired  by  said  company  under  the  direction  of  the  board  of  public 
works,  and  shall  be  repaved  and  repaired  whenever  ordered  by  the 
board  of  public  works  or  city  council,  and  shall  be  kept  and  main- 
tained in  good  order  and  repair. 

1 4.  Motive  power — horse  railroad  prohibited.]  § 4.  Said 

Chicago,  Millington  & Western  Railway  Company  is  hereby  author- 
ized to  run  its  cars  over  and  along  said  narrow  gauge  tracks  with 
steam  or  such  other  motive  power  as  said  company  may  deem  best, 
subject,  however,  to  all  laws  and  ordinances  of  the  city  of  Chicago 
relating  to  railroad  companies,  now  in  force  or  which  may  hereafter 
be  passed;  but  this  section  shall  not  be  so  construed  as  to  .authorize 
said  company  to  construct  or  operate  what  is  commonly  known  as 
a horse  railroad,  transporting  passengers  and  baggage  to  and  fro  with- 
in the  city  of  Chicago. 

T 5.  Permanent  crossings.]  § 5.  Permanent  crossings  shall 
be  made  and  maintained  by  said  Chicago,  Millington  & Western  Rail- 
way Company  where  said  narrow  gauge  track  or  tracks  cross  any 
street  or  alley  within  the  limits  of  the  city  of  Chicago,  according  to 
the  direction  of  the  board  of  public  works,  or  as  may  be  ordered  and 
directed  by  the  common  council  of  the  city,  at  any  and  all  times  dur- 
ing the  continuance  of  the  franchise  hereby  granted. 

1 6.  Indemnity.]  § 6.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  Chicago, 
Millington  & Western  Railway  Company  shall  and  will  forever  in- 
demnify and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs,  and  expenses  of  the 
same,  which  it  may  suffer,  or  which  may  be  recovered  and  obtained 
against  the  city  by  reason  of  the  granting  of  such  privileges  and  au- 
thority, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  passage  of  this  ordinance,  or  with  the  exercise  by  said  company 
of  the  privileges  hereby  granted. 

T 7.  Side  tracks.]  § 7.  Said  company  shall  permit  any  cor- 
poration, person  or  persons,  duly  authorized  by  otdinance  of  said  city, 
to  construct  side  tracks  to  intersect  any  track  or  tracks  of  said  rail- 
way company,  within  the  limits  of  said  city,  for  the  purpose  of  convey- 
ing property  to  and  from  said  railway  to  any  warehouse,  lumber  yard, 
coal  yard  or  manufactory  situated  within  one  thousand  (1,000)  feet 
of  such  railway;  and,  upon  reasonable  compensation  being  made  there- 
for, shall  at  all  times  permit  the  owners  or  lessees  of  any  such  side 
track,  or  the  consignees  of  any  property,  to  take  the  cars  containing 
such  property  to  him  or  them  consigned  to  any  such  warehouse,  lum- 
ber yard,  coal  yard  or  manufactory  situated  upon  any  such  side  track ; 
and  that  such  owner,  lessee  or  person  conducting  or  carrying  on  any 
such  warehouse,  lumber  yard,  coal  yard  or  manufactory  shall  be  entitled 


238]  CHICAGO,  MILLINGTON  & WESTERN  RAILWAY  COMPANY. 


481 


to  have  any  property  taken  from  any  such  warehouse,  lumber  yard, 
coal  yard  or  manufactory  over  any  such  side  track  to  and  upon  the 
track  of  said  railway,  under  the  directions  and  regulations  of  said 
Chicago,  Millington  & W estern  Railway  Company,  without  unreason- 
able delay.  Provided,  however,  that  any  cars  so  taken  shall  be  re- 
turned without  any  unnecessary  delay. 

1 8.  Rights  of  other  roads— joint  user.]  § 8.  Said  company 
shall  permit  any  other  two  railway  companies  to  use  the  right  of  way 
hereby  authorized  upon  such  fair  and  equitable  terms  as  may  be  agreed 
upon  between  said  other  companies,  jointly  and  severally,  and  said 
Chicago,  Millington  & Western  Railway  Company;  and  in  event  of  a 
disagreement  as  to  such  terms  the  same  shall  be  settled  and  determined 
by  three  disinterested  persons,  one  to  be  named  by  such  other  rail- 
way companies,  and  the  other  by  the  Chicago,  Millington  & Western 
Railway  Company,  and  the  two  so  chosen  to  choose  a third  person, 
and  the  terms  and  conditions  which  shall  be  agreed  and  determined 
upon  by  such  three  persons  so  chosen,  or  a majority  of  them,  shall 
be  the  terms  and  conditions  upon  which  such  other  railway  companies, 
respectively,  shall  be  allowed  to  use  and  occupy  the  right  of  way 
hereby  authorized;  and  such  other  railway  companies  shall  in  such 
case  have  the  same  privileges  to>  run  cars  upon  and  across  all  streets, 
avenues,  alleys  and  highways  as  are  herein  granted  to  said  Chicago, 
Millington  & Western  Railway  Company,  and  shall  be  subject  to  all 
the  terms,  conditions  and  restrictions  contained  in  this  ordinance  to 
the  same  extent  as  said  Chicago,  Millington  & Western  Railway 
Company. 

T 9.  When  in  force.]  § 9.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  due  publication. 

Note. — See.  following  amendatory  ordinance. 

§ 238.  Chicago,  Millington  & Western  Railway  company. 

If  1.  Amending  section  5 of  the  foregoing  ordinance. 

An  ordinance  amending  an  ordinance  passed  August  21,  1876,  granting  a right 

of  way  to  the  Chicago,  Millington  & Western  Railway  company.  (Passed 

August  21,  1876.) 

T 1.  Amending  section  5 of  the  foregoing  ordinance.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago  : That  section 
five  (5)  of  an  ordinance  concerning  the  Chicago,  Millington  and  West- 
ern Railway  Company,  passed  to-day,  be  amended  to  read  as  follows, 
in  addition  to  said  section  five  (5)  commencing  after  the  last  word  of 
said  section: 

The  Chicago,  Millington  & Western  Railway  Company  shall  build 
one  viaduct  each  year  when  so  ordered  by  the  city  council  of  the  city 
of  Chicago. 


31 


482 


RAILROADS. 


[§  239 


§ 239.  Chicago,  Millington  & Western  Railway  company. 

T[  1.  Grant — route. 

\ 2.  Subject  to  ordinances. 

*[  3.  Powers  reserved  in  council, 

y 4.  Motive  power — limitation, 
y 5.  Crossings  maintained. 

1 6.  Side  tracks. 

*1  7.  Joint  user — arbitration, 

y 8.  Improvement  of  streets. 

1’  9.  Opening  new  streets — culverts, 
y 10.  Indemnity  clause, 
y 11.  When  in  force. 

An  ordinance  concerning  the  Chicago,  Millington  & Western  Railway  company. 

(Passed  August  28,  1876.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 

of  the  town  of  Cicero:  § 1.  That  permission  and  authority  be  and  is 

hereby  granted,  so  far  as  this  board  has  lawful  right  to  grant  the  same, 
to  the  Chicago,  Millington  & Western  Railway  Company,  upon  the 
conditions  and  under  the  provisions  hereinafter  made,  to  lay  a single 
or  double  track,  and  operate  its  railway  over  and  upon  the  following 
described  route,  and  across  the  intervening  streets,  to-wit:  Commenc- 
ing at  the  east  boundary  line  of  the  town  of  Cicero  on  the  half  sec- 
tion line,  east  and  west  of  section  twenty-seven  (Twenty-sixth  street); 
thence  west  on  said  line  to  a point  near  the  center  of  the  west  half  of 
said  section  twenty-seven;  thence  north  on  such  land  as  said  company 
may  be  able  to  obtain  by  gift,  purchase  or  condemnation  to  the  half 
section  line  east  and  west  of  section  twenty-two;  thence  west  on  said 
half  section  line  through  sections  twenty-two  and  twenty-one,  and  to  a 
point  at  of  near  the  center  of  section  twenty;  thence  curving  south- 
ward to  the  dividing  line  between  the  northwest  and  southwest  quarters 
of  said  section  twenty;  thence  west  on  said  line  through  said  section 
and  through  section  nineteen  on  the  dividing  line  between  the  property 
of  James  Couch  and  Frank  Sturgess  to  the  west  line  of  the  town  of 
Cicero. 

2.  Subject  to  ordinances.]  § 2.  And  said  company  may 
operate  its  tracks,  the  construction  of  which  is  authorized  as  subject 
to  all  ordinances  of  the  town  governing  railway  corporations  now  in 
force  or  which  may  hereafter  be  passed. 

IT  3.  Powers  reserved  in  council.]  § 3.  Permission  and  au- 
thority to  the  said  Chicago,  Millington  and  Western  Railway  Com- 
pany, to  construct,  maintain  and  operate  its  railway,  with  single  or 
double  tracks  and  all  necessary  switches  and  turnouts,  to  be  laid,  built 
and  constructed,  subject  to  the  directions  of  the  board  of  trustees  of 
the  town;  and  the  paving  and  keeping  in  repair  of  so  much  of  said 
streets,  alleys  and  crossings  as  may  be  occupied  bv  said  railway  com- 
pany with  its  tracks,  switches  and  turnouts,  shall  be  under  the  direc- 
tion of  the  board  of  trustees  and  shall  be  paved  and  repaired  when  or- 
dered by  said  board. 


§ 239]  CHICAGO,  MILLINGTON  & WESTERN  RAILWAY  COMPANY.  483 

1 4.  Motive  power — limitation.]  § 4.  Said  Chicago,  Mil- 
lington & Western  Railway  Company  is  hereby  authorized  to  run  its 
cars  over  and  along  said  track,  with  steam  or  such  other  motive  power 
as  said  company  may  deem  best,  subject,  however,  to  all  laws  and 
ordinances  of  the  town  of  Cicero,  relating  to  railway  companies,  now  in 
force  or  which  may  hereafter  be  passed;  but  this  section  shall  not  be  so 
construed  as  to  authorize  said  company  to  construct  or  operate  what 
is  commonly  known  as  a horse-railroad,  transporting  passengers  and 
baggage  to  and  fro  within  the  town  of  Cicero. 

T 5.  Crossings  maintained.]  § 5.  Permanent  crossings  shall 
be  made  and  maintained  by  said  Chicago,  Millington  and  Western 
Railway  Company  where  said  track  or  tracks  cross  any  street  or  alley 
within  the  limits  of  the  town  of  Cicero,  according  to  the  direction  of 
the  board  of  trustees  at  any  and  all  times  during  the  continuance  of 
the  franchise  hereby  granted. 

1 6.  Side  tracks.]  § 6.  Said  company  shall  permit  any  cor- 
poration, person  or  persons  duly  authorized  by  ordinance  of  said  town 
to  construct  side  tracks  to  intersect  any  track  or  tracks  of  said  rail- 
way company,  within  the  limits  of  said  town,  for  the  purpose  of  con- 
veying property  to  and  from  said  railway,  to  any  warehouse,  lumber 
yard,  coal  yard  or  manufactory  situated  within  one  thousand  (1,000) 
feet  of  such  railway,  and  upon  reasonable  compensation  being  made 
therefor,  shall  at  all  times,  permit  the  owners  or  lessees  of  any  such 
side  track,  or  the  consignees  of  any  property,  to  take  the  cars  contain- 
ing such  property  to  him  or  them  consigned  to  any  such  warehouse, 
lumber  yard,  coal  yard  or  manufactory,  situated  upon  any  such  side 
track,  and  that  any  such  owner,  lessee  or  person  conducting  or  carry- 
ing on  any  such  warehouse,  lumber  yard,  coal  yard  or  manufactory 
shall  be  entitled  to  have  any  property  taken  from  any  such  warehouse, 
lumber  yard,  coal  yard  or  manufactory  over  any  such  side  track  to  and 
upon  the  track  of  said  railway  under  the  directions  and  regulations  of 
said  Chicago,  Millington  & Western  Railway  Company  without  un- 
reasonable delay.  Provided,  however,  that  any  cars  so  taken  shall  be 
returned  without  any  unnecessary  delay. 

1 7.  Joint  user— arbitration.]  § 7.  Said  company  shall  per- 
mit any  other  railway  companies  not  exceeding  two,  to  use  the  right 
of  way  hereby  authorized,  upon  such  full  and  equitable  terms  as  may 
be  agreed  upon  between  said  other  companies  jointly  and  severally  and 
the  said  Chicago,  Millington  & Western  Railway  Company;  and  in 
event  of  a disagreement  as  to  such  terms,  the  same  shall  be  settled 
and  determined  by  three  disinterested  persons,  one  to  be  named  by 
such  other  railway  companies  and  the  other  by  the  Chicago,  Milling- 
ton & Western  Railway  Company,  and  the  two  so  chosen  to  choose  a 
third  person  and  the  terms  and  conditions  which  shall  be  agreed  and 
determined  upon  by  such  three  persons  so  chosen,  or  a majority  of 
them,  shall  be  the  terms  and  conditions  upon  which  such  other  rail- 
way companies  respectively  shall  be  allowed  to  use  and  occupy  the 


484 


RAILROADS. 


[§  239 


right  of  way  hereby  authorized,  and  such  other  railway  companies  shall 
in  such  case,  have  the  same  privileges  to  run  cars  upon  and  across  all 
streets,  avenues,  alleys  and  highways  as  are  herein  granted  to  the  Chi- 
cago, Millington  & Western  Railway  Company,  and  shall  be  subject 
to  all  the  terms,  conditions  and  restrictions  contained  in  this  ordinance 
to  the  same  extent  as  said  Chicago,  Millington  & Western  Railway 
Company. 

IT  8.  Improvement  of  streets.]  § 8.  This  ordinance  is  upon 
the  further  condition  that  the  said  Chicago,  Millington  & Western 
Railway  Company  shall  wherever  it  shall  lay  its  track  along  or  across 
any  public  street  or  highway,  lay  the  same  so  that  the  top  of  the  rails 
of  said  track  shall  be  even  with  the  surface  of  said  street  or  highway, 
and  shall  pave  or  otherwise  improve  the  space  between  said  rails  and 
also  pave  or  otherwise  improve  the  said  street  or  highway  three  feet 
each  side  of  said  track  or  tracks  as  the  same  shall  be  laid  on  or  along 
such  street  or  highway,  such  paving  or  other  improvement  to  be  done 
by  and  at  the  expense  of  said  company,  under  the  direction  of  the 
board  of  trustees  of  the  town  of  Cicero,  or  in  accordance  with  the 
order  or  resolution  of  said  board. 

1 9.  Opening  new  streets— culverts.]  § 9.  It  is  further  pro- 
vided that  the  said  town  of  Cicero  may  at  any  time  lay  out  and  open 
any  street  or  highway  intersecting  or  crossing  said  railroad  track,  and 
that  thereupon  the  said  railway  company  will  cause  to  be  made  and 
constructed  such  culverts  at  said  crossings  as  the  said  town  may  order 
or  direct  and  further  that  wherever  the  said  railroad  track  shall  cross 
any  one  of  the  ditches  constructed  through  said  town  for  drainage  or 
any  street  ditch  where  drainage  may  be  required,  the  said  railway 
company  shall  build  or  construct  a permanent  culvert,  or  culverts,  ac- 
cording to  the  ordinances  or  requirements  of  said  board  of  trustees 
now  made  or  hereafter  to  be  made. 

1 10,  Indemnity  clause.]  § 10.  And  it  is  further  expressly 
provided  that  the  privileges  and  authority  hereby  granted  are  so 
granted  to  and  accepted  by  the  said  railway  company,  subject  to  the 
rights  (both  at  law  and  in  equity),  of  any  and  all  parties  owning  or 
having  any  interest  in  land  fronting  upon  or  lying  near  any  street  or 
highway,  along  or  across  which  the  said  track  shall  be  laid,  and  in  case 
any  person  or  persons,  owning  or  having  any  interest  in  any  such  lands 
shall  have  any  claim  against  said  company  for  damages,  or  compensa- 
tion, for  or  on  account  of  the  exercise  by  said  company  of  any  or  all  of 
the  privileges  hereby  granted,  such  claim  or  claims  shall  in  no  way  be 
affected  by  the  passage  of  this  ordinance;  And  this  ordinance  is  upon 
the  further  condition  that  the  said  railroad  company  shall  and  will  for- 
ever indemnify  and  save  harmless  the  town  of  Cicero,  from  and  against 
any  and  all  damages,  judgments,  decrees,  costs  and  expenses,  which 
said  town  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  town,  by  reason  of  the  granting  of  such  privileges  and  authority 
as  herein  above  contained,  or  by  reason  of,  or  growing  out  of  or  re- 


§ 239]  CHICAGO,  MILLINGTON  & NORTHERN  RAILWAY  COMPANY.  485 

suiting  from  the  passage  of  this  ordinance,  the  construction  or  opera- 
tion of  said  railroad,  or  the  exercise  by  said  company  of  the  privileges 
hereby  granted  or  any  of  them. 

If  11.  When  in  force.]  § n.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


CHAPTER  X. — Railroads  Continued. 


§ 240.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

§ 241.  Chicago  & Pacific  Railroad  company. 

| 242.  Chicago  & Pacific  Railroad  company. 

§ 243.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

| 244.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

§ 245.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

§ 246.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

0 247.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

248.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

249.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

250.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

251.  Chicago  & Evanston  Railroad  company. 

252  Chicago  & Evanston  Railroad  company. 

253.  Chicago  & Evanston  Railroad  company. 

254.  Chicago  & Evanston  Railroad  company. 

255.  Chicago  & Evanston  Railroad  company. 

256.  ' Chicago  & Evanston  Railroad  company. 

| 257.  Chicago  & Evanston  Railroad  company. 

§ 258.  Chicago  & Evanston  Railroad  company. 

§ 259.  Chicago  & Evanston  Railroad  company. 

§ 260.  Chicago  & Evanston  Railroad  company. 

§ 261.  Chicago,  Evanston  & Lake  Superior  Railroad  company. 

§ 262.  Chicago,  Evanston  & Lake  Superior  Railroad  company. 

§ 263.  Chicago  & Northern  Pacific  Railroad  company. 

§ 263a.  Chicago  & Northern  Pacific  Railroad  company. 

§ 264.  Chicago  & Northern  Pacific  Railroad  company. 

§ 265.  Chicago  & Northern  Railroad  company. 

§ 266.  Chicago  & Milwaukee  Railroad  company. 

§ 267.  Chicago  & Milwaukee  Railroad  company. 

1 268.  Chicago  & Milwaukee  Railroad  company,  etc. 

§ 269.  Chicago  & North-Western  Railway  company. 

§ 270.  Galena  & Chicago  Union  Railroad  company. 

§ 271.  Chicago  & North-Western  Railway  company. 

§ 272.  Columbus,  Chicago  & Indiana  Central  Railroad  company. 
§ 273.  Chicago  & North-Western  Railway  company. 

§ 274.  Chicago  & North-Western  Railway  company. 

§ 275.  Chicago  & North-Western  Railway  company. 

§ 276.  Chicago  & North-Western  Railway  company. 

§ 277.  Chicago  Railway  Transfer  company. 

§ 278.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

| 279.  Chicago  & Rock  Island  Railroad  company. 

§ 280.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 281.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

| 282.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 283.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 284.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 285.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 286.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 287.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 288.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

| 289.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§ 290.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

§291.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

486 


CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY. 


487 


§ 240] 

§ 292. 
§ 293- 
I 294- 
§ 295. 
§ 296. 

§ 297- 
§ 298. 

§ 299- 
§ 300. 
§ 301. 
§ 3°2- 

§ 303. 


Chicago,  Rock  Island  & Pacific  Railroad  company. 
Chicago  South  Branch  Canal  company. 

Chicago  & Southeastern  Railroad  company. 
Chicago  & Southeastern  Railroad  company. 
Chicago,  St.  Louis  & Pittsburg  Railroad  company. 
Chicago,  St.  Louis  & Pittsburg  Railroad  company. 
Chicago,  St.  Louis  & Pittsburg  Railroad  company. 
Chicago,  St.  Louis  & Pittsburg  Railroad  company. 
Chicago,  St.  Louis  & Pittsburg  Railroad  company. 
Chicago,  St.  Louis  & Pittsburg  Railroad  company. 
Chicago,  St.  Louis  & Pittsburg  Railroad  company. 
Chicago  & Strawn  Railroad  company. 


CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COM- 
PANY. 


(Chicago  & Pacific  Railroad  company,  Chicago  & Evanston  Railroad  company 
and  Chicago,  Evanston  & Lake  Superior  Railroad  company.) 

§ 240.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

1.  Route — construction  of  bridges  over  Chicago  river. 

\ 2.  Motive  power — viaduct  at  North  avenue. 

\ 3.  Subject  to  ordinances. 

\ 4.  Indemnity. 

T 5.  Damages  to  private  property — suits  to  ascertain. 

\ 6.  Side  tracks. 

7.  Joint  user  by  Chicago  & Evanston  Railroad  company  and  others 

— void  unless  constructed  within  two  years. 

8.  Authority  granted  to  the  Chicago  & Evanston  Railroad  com- 

pany—not  a recognition — null  and  void,  when. 


An  ordinance  concerning  the  Chicago  & Pacific  Railroad  company  and  the 

Chicago  & Evanston  Railroad  company.  (Passed  June  12,  1872.) 

1 1.  Route — construction  of  bridges  over  Chicago  river.] 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1. 
That  permission  and  authority  be,  and  is  hereby,  granted  to  the  Chi- 
cago and  Pacific  Railroad  Company,  and  to  its  successors,  to  put 
down,  construct  and  maintain  a railroad,  with  a single  or  double  track, 
and  all  necessary  switches  and  turnouts,  along  and  upon  the  following 
named  routes  and  streets  in  the  city  of  Chicago:  Commencing  at  the 
western  limits  of  the  city,  at  Bloomingdale  road  (or  street);  thence  on 
said  Bloomingdale  road  to  and  across  Coventry  street;  thence  on  any 
property  said  company  may  acquire,  by  purchase,  condemnation  or 
otherwise,  to  the  north  branch  of  the  Chicago  river;  thence  across  said 
north  branch  and  on  any  property  said  company  may  acquire  by  pur- 
chase, condemnation  or  otherwise,  to  Jones  avenue;  thence  on  said 
Jones  avenue  and  Hawthorne  avenue  to  Willow  street;  thence  on  any 
property  said  company  may  acquire,  by  purchase,  condemnation  or 


488 


RAILROADS. 


[§  240 


otherwise,  to  North  avenue;  thence  across  North  avenue  to  Cherry 
avenue;  thence  on  Cherry  avenue  to  and  across  the  north  branch  canal; 
thence  on  Cherry  avenue  and  North  Branch  street  to  and  across  the 
north  branch  canal  and  to  Hawthorne  avenue;  and  from  said  North 
Branch  street  on  any  property  said  company  may  acquire,  by  purchase, 
condemnation  or  otherwise,  west  of  Larrabee  street  and  east  of  the 
north  branch  of  the  Chicago  river,  to  Chicago  avenue.  And  also  to  put 
down,  construct  and  maintain,  for  passenger  cars  only,  a single  or 
double  track  from  the  north  side  of  said  Willow  street,  on  said  Haw- 
thorne avenue,  to  Larrabee  street.  It  is  hereby  provided  that  said 
crossings  of  the  north  branch  of  the  Chicago  river,  and  of  the  said 
north  branch  canal,  shall  be  made  by  swing  or  draw-bridges,  to  be 
constructed  and  maintained  by  said  Chicago  and  Pacific  Railroad 
Company. 

If  2.  Motive  power— viaduct  at  North  avenue.]  § 2.  Said 
Chicago  and  Pacific  Railroad  Company,  and  its  successors,  are  hereby 
authorized  to  run  their  cars  over  and  along  said  track,  with  steam,  or 
other  power,  as  said  company  may  deem  best,  subject,  however,  to  all 
general  ordinances  of  the  city  of  Chicago,  as  to  railroad  companies  sim- 
ilarly situated.  Convenient  crossings  shall  be  made  and  maintained  by 
said  company  where  said  track  or  tracks  cross  any  street  or  alley  within 
the  limits  of  said  city,  according  to  the  directions  of  the  board  of  pub- 
lic works  of  said  city,  but  the  permission  and  authority  hereby  granted 
are  upon  the  express  condition  that  said  company  shall  erect,  within 
one  year  from  the  passage  of  this  ordinance,  a viaduct  over  North  ave- 
nue, where  the  said  track  or  tracks  shall  cross  the  same,  and  shall 
maintain  said  viaduct,  and  shall  erect  and  maintain  viaducts  over  any 
of  its  said  tracks  on  any  street  or  streets  of  said  city  which  may  be 
crossed  by  its  said  tracks  where,  and  as  the  said  board  of  public  works 
of  said  city  may,  from  time  to  time,  require,  and  construct  the  ap- 
proaches to  all  such  viaduct  with  proper  areas  on  either  side  of  such 
approaches,  said  approaches  to  have  an  elevation  of  not  more  than 
one  foot  to  every  twenty  feet  in  length  thereof,  or  at  such  elevation  as 
the  board  of  public  works  shall  direct;  and  provided,  however,  that 
where  any  such  viaduct  cannot  be  built  at  any  such  street  crossing 
without  the  same  be  built  over  the  track  or  tracks  of  some  other  rail- 
road company,  then  said  Chicago  and  Pacific  Railroad  Company  shall 
only  be  obliged  to  join  with  such  other  last  mentioned  railroad  com- 
pany or  companies  in  the  construction  and  maintenance  of  such  via- 
duct, and  to  pay  its  fair  proportion  of  the  cost  of  such  viaduct,  and  if 
such  other  railroad  company  or  companies  shall  not  join  in  the  erec- 
tion of  any  such  viaduct,  then  if  the  proportion  of  such  other  com- 
panies shall  be  otherwise  provided,  the  said  Chicago  and  Pacific  Rail- 
road Company  shall  only  be  required  to  pay  a just  and  equitable  pro- 
portion of  the  cost  thereof. 

If  3.  Subject  to  ordinances.]  § 3.  The  privileges  hereby 


§ 240]  CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY.  489 

granted  shall  be  subject  to  all  general  ordinances  that  are  now,  or  may 
hereafter  be,  in  force  concerning  railroads  in  the  city  of  Chicago. 

% 4.  Indemnity.]  § 4.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition,  that  the  said  Chicago 
and  Pacific  Railroad  Company  shall,  and  will  forever  indemnify,  and 
save  harmless,  the  city  of  Chicago,  against  and  from  any  and  all 
damages,  judgments,  decrees  and  costs  and  expenses  of  the  same  which 
it  may  suffer,  or  which  may  be  recovered  or  obtained  against  said  city 
for,  or  by  reason  of  the  granting  of  such  privileges  and  authority,  or 
for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  the  privileges  hereby  granted. 

f 5.  Damages  to  private  property— suits  to  ascertain.]  § 5. 

The  permission  and  authority  herein  granted  are  upon  the  further  ex- 
press condition  that  said  railroad  company  shall  and  will  within  two 
years  from  the  time  that  said  company  shall  lay  down  and  construct 
said  track  or  tracks  upon  said  streets,  commence  and  prosecute  in  good 
faith,  in  some  court  of  competent  jurisdiction,  proceedings  for  the  as- 
certainment of,  and  the  making  of  compensation  for  all  legal  damages 
that  may  be  suffered  by  any  person  or  persons  in  their  property  or 
possessions  by  reason  of  such  laying  down  and  construction  of  such 
track  or  tracks,  or  any  part  thereof,  and  that  having  so  commenced 
such  proceedings,  said  railroad  company  shall  prosecute  the  same  in 
good  faith  without  unreasonable  delay  to  completion;  Provided,  that 
this  section  shall  not  apply  to  any  property  or  possessions  the  owner 
of  or  party  interested  in  which  shall  not  have  claimed  such  compensa- 
tion within  said  two  years. 

IT  6.  Side  tracks.]  § 6.  The  permission  and  authority  herein 
granted  are  upon  the  further  express  condition,  4o-wit:  That  said  Chi- 
cago and  Pacific  Railroad  Company  shall  permit  any  corporation,  per- 
son or  persons,  duly  authorized  by  ordinance  of  said  city,  to  construct 
side  tracks  to  intersect  any  track  or  tracks  of  said  railroad  company 
within  the  limits  of  said  city,  for  the  purpose  of  conveying  property  to 
or  from  said  railroad  to  any  warehouse,  lumber  yard,  coal  yard,  or 
manufactory,  situated  within  one  thousand  feet  of  such  railroad,  and 
shall  deliver  freight  to  and  receive  freight  from  any  such  warehouse, 
lumber  yard,  coal  yard  or  manufactory  situated  upon  any  such  side 
track,  without  discrimination  between  the  owners  or  lessees,  or  any 
such  warehouse,  lumber  yard,  coal  yard  or  manufactory. 

IT -7.  Joint  user  by  Chicago  & Evanston  R.  R.  Co.  and 
others— void  unless  constructed  within  two  years.]  § 7.  The 

privileges  authorized  herein  are  granted  upon  the  express  condition 
that  said  Chicago  and  Pacific  Railroad  Company  shall  permit  the  Chi- 
cago and  Evanston  Railroad  Company,  and  such  other  railroad  com- 
pany as  may  hereafter  be  designated  by  the  common  council  of  the 
city  of  Chicago,  which  has  not  at  present  any  right  of  entrance  into  the 


490 


RAILROADS. 


city  of  Chicago  under  any  ordinance  or  grant  of  said  city,  to  use  said 
tracks  hereby  authorized  to  be  laid  on  the  streets  herein  named,  jointly 
with  the  said  Chicago  and  Pacific  Railroad  Company  (and  to  lay  down 
tracks  upon  and  across  any  lands  owned,  leased  or  occupied  by  the 
said  Chicago  and  Pacific  Railroad  Company  when  necessary  to  the 
exercise  of  the  privileges  hereby  granted),  upon  such  fair  and  equitable 
terms  as  may  be  agreed  upon  by  said  companies;  and  in  the  event  that 
said  companies  cannot  agree  upon  such  terms,  the  same  shall  be 
settled  by  three  disinterested  persons,  one  to  be  selected  by  said  Chi- 
cago and  Pacific  Railroad  Company,  one  to  be  named  by  such  other 
company  as  may  desire  to  use  said  tracks,  and  the  third  person  by  said 
two  persons,  and  the  terms  and  conditions  which  shall  be  fixed  and 
determined  by  said  persons,  or  a majority  of  such  persons,  shall  be  the 
terms  and  conditions  upon  which  said  companies,  respectively,  shall 
use  and  occupy  said  tracks  and  lay  down  tracks  upon  and  across  said 
lands;  and  such  other  railroad  companies  which  may  be  allowed  the 
use  of  said  tracks  shall  have  the  same  privilege  to  run  cars  upon  and 
across  said  streets  and  alleys  as  are  herein  granted  to  said  Chicago  and 
Pacific  Railroad  Company,  and  shall  be  subject  to  all  the  conditions, 
restrictions  and  terms  contained  in  this  ordinance;  Provided,  further, 
that  this  ordinance  shall  be  null  and  void  unless  the  tracks  herein 
provided  for  shall  be  constructed  within  two  years  from  the  date  of 
the  passage  hereof;  And  provided,  further,  that  before  any  other  rail- 
road company  than  the  two  above  named  shall  use  said  tracks,  it  shall 
obtain  the  consent  of  the  common  council.  The  permission  and  au- 
thority hereby  granted  are  upon  the  further  expressed  conditions  that 
the  said  Chicago  and  Pacific  Railroad  Company  shall  permit  any  other 
railroad  company  which  now  has  a depot  within  the  city,  and  whose 
tracks  will  be  crossed  by  or  connected  with  the  track  of  the  said  Chi- 
cago and  Pacific  Railroad,  to  use  the  tracks  hereby  authorized  to  be 
laid  for  the  purpose  of  receiving  and  delivering  freight,  such  permis- 
sion to  be  granted  upon  terms  which  shall  be  just  and  reasonable,  and 
if  said  railroad  company  shall  fail  to  agree  upon  such  terms  the  same 
shall  be  fixed  in  the  manner  specified  in  this  section  of  the  ordinance 
for  the  fixing  of  terms  upon  which  the  Chicago  and  Evanston  Rail- 
road Company  may  use  the  track  hereby  authorized  to  be  laid  down. 

T 8.  Authority  granted  to  the  C.  & E.  R.  R.  Co.— not  a 
recognition,  etc.— null  and  void,  when.]  § 8.  The  Chicago  and 
Evanston  Railroad  Company  is  hereby  authorized  to  connect  with  the 
tracks  of  the  Chicago  and  Pacific  Railroad  Company  on  Jones  avenue, 
and  to  construct  and  operate  a single  or  double  track  from  thence 
northwesterly  on  Jones  avenue  to  Southport  avenue,  and  thence  north 
on  Southport  avenue  to  the  city  limits,  upon  the  same  terms  and  con- 
ditions imposed  by  this  ordinance  on  the  Chicago  and  Pacific  Railroad 
Company;  but  unless  the  said  Chicago  and  Evanston  Railroad  Com- 
pany shall,  within  ninety  days  after  the  approval  of  this  ordinance, 
surrender  all  claims  to  use  Halsted  street  under  any  ordinance  hereto- 


241]  CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY. 


491 


fore  passed,  and  accept  the  provisions  of  this  ordinance,  ihen  all  the 
rights  and  privileges  granted  by  this  ordinance  to  the  Chicago  and 
Evanston  Railroad  Company  shall  be  null  and  void,  and  the  common 
council  may  at  any  time  thereafter  designate  another  road  instead 
thereof  with  common  rights  and  privileges;  Provided,  that  this  ordi- 
nance shall  not  be  construed  as  a recognition  by  the  common  council 
of  the  existence  of  any  right  of  the  Chicago  and  Evanston  Railroad 
Company  under  an  ordinance  passed  August  17,  1864;  And  provided, 
further,  that  the  provisions  of  this  ordinance  in  regard  to  the  Chicago 
and  Evanston  Railroad  Company  shall  be  null  and  void,  unless  the 
tracks  of  said  company  herein  provided  for  shall  be  constructed  within 
two  years  from  the  passage  of  this  ordinance. 

Note. — See  following  amendatory  ordinances. 

§ 241.  Chicago  & Pacific  Railroad  company. 

1.  Across  two  alleys,  and  Dominick  street  and  Webster  avenue. 

\ 2.  Motive  power. 

\ 3.  Delivery  of  freight — switching  changes. 

*\\  4.  Improvement  of  Dominick  street. 

4 5*  Bond. 

6.  Subject  to  ordinances. 

An  ordinance  to  amend  an  ordinance  relating  to  the  Chicago  & Pacific  Railroad 
company,  passed  June  12.  1872.  (Passed  January  23  1882.) 

1 1.  Across  two  alleys,  and  Dominick  street  and  Webster 
avenue.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  and  authority  are  hereby  granted  to  the  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company,  now  the  lessee  and 
owner  of  the  tracks,  property,  rights  and  privileges  granted  to  the 
Chicago  and  Pacific  Railroad  Company  by  ag  ordinance  passed  June 
1 2th,  1872,  to  construct,  maintain  and  operate  single  or  double  tracks, 
from  the  tracks  authorized  to  be  laid  by  said  ordinance  on  Jones  (now 
Hawthorne)  avenue,  from  a point  connecting  with  the  tracks  of  the 
Chicago  and  Evanston  Railroad  Company,  authorized  to  be  laid  by 
said  ordinance  five  hundred  feet  southeasterly  from  Southport  avenue 
to,  over  and  across  any  land  which  may  be  acquired  by  said  company 
by  purchase  or  condemnation,  and  across  the  alley  between  Southport 
avenue  and  Hawthorne  avenue,  thence  across  Southport  avenue  to 
block  five  of  Dominick  subdivision  of  part  of  Sheffield  addition  to 
Chicago,  and  across  said  alley  in  said  block:  thence  upon  Dominick 
street,  upon  the  west  thirty-two  feet  thereof,  and  across  Webster  ave- 
nue to  the  north  end  of  said  Dominick  street,  and  thence  on  any 
property  which  said  company  may  acquire  by  purchase,  condemna- 
tion or  otherwise,  to  the  Fullerton  avenue  pumping  works  in  said  city, 
and  across  Fullerton  avenue. 

Provided,  however,  that  said  tracks  hereby  authorized  to  be  laid 
in  Dominick  street  shall  not  interfere  with  or  encroach  upon  the  side- 
walk space  of  six  feet  in  width  on  the  west  side  of  said  street. 


492 


RAILROADS. 


[§  242 


T 2.  Motive  power.]  § 2.  Said  Chicago,  Milwaukee  and  St. 

Paul  Railway  Company,  its  successors  and  lessees,  may  run  its  cars 
by  steam,  or  such  other  motive  power  as  it  may  deem  best,  subject  to 
all  general  ordinances  of  the  city  as  to  railroads  similarly  situated. 

T 3.  Delivery  of  freight — switching  charges.]  § 3.  Author- 
ity is  hereby  granted  to  construct  and  operate  said  road,  and  to  deliver 
cars  of  freight  to,  and  receive  same  from,  manufactories,  coal  and  lum- 
ber yards  and  warehouses  on  the  line  designated  in  this  and  said 
ordinances,  upon  the  express  condition  that  said  company  shall,  in 
no  case,  charge  for  switching  said  cars  more  than  the  ordinary  charges 
of  other  railroad  companies  in  the  city  of  Chicago,  as  from  time  to 
time  established  for  switching  cars  for  similar  distances. 

If  4.  Improvement  of  Dominick  street.]  § 4.  Said  Chicago, 
Milwaukee  and  St.  Paul  Railway  Company,  as  a condition  upon  which 
this  ordinance  is  passed,  shall  improve  and  keep  in  good  condition  all  of 
Dominick  street  for  its  entire  length,  as  the  city  council  may  at  any 
time  order  and  direct. 

1"  5.  Bond.]  § 5.  The  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall,  before  any  permit  is  issued  for  the  laying 
of  the  tracks  hereby  authorized,  give  to  the  city  of  Chicago,  to  be 
approved  by  the  mayor,  a bond  in  the  penal  sum  of  fifty  thousand 
dollars,  conditioned  for  the  payment  of  any  and  all  damages  of  every 
name,  nature  and  kind,  that  the  city  of  Chicago  may  be  liable  for  by 
reason  of  the  permission  hereby  given;  and  also  that  if  at  any  time, 
by  reason  of  the  permission  hereby  given,  or  the  running  of  trains 
upon  said  tracks,  anv  judgment  may  be  recovered  against  said  city, 
said  company  shall  be  holden  therefor. 

If  6.  Subject  to  ordinances.]  § 6.  This  ordinance  is  subject 
to  any  ordinances  now  in  existence,  or  which  may  hereafter  be  passed. 

Note. — See  following  amendatory  ordinance. 

§ 242.  Chicago  & Pacific  Railway  company. 

^ 1.  Amendatory. 

Tf  6.  Defining  the  rights  and  privileges  heretofore  granted. 

An  ordinance  amending  an  ordinance  relating  to  the  Chicago  & Pacific  Railroad 

Company.  (Passed  January  30,  1882.) 

If  1.  Amendatory.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  section  6 of  an  ordinance  passed  January 
23rd,  1882,  entitled  “An  ordinance  to  amend  an  ordinance  relating  to 
the  Chicago  & Pacific  Railroad  Company,  passed  June  12th,  1872,” 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows,  to  wit: 

If  6.  Defining  the  rights  and  privileges  heretofore  granted.] 
§ 6.  The  privileges  hereby  granted  are  to  be  exercised  subject  to  all 
ordinances  of  said  city  now  in  force,  or  which  may  be  hereafter  in 
force.  It  is  hereby  expressly  provided  that  nothing  herein  contained 
shall  be  construed  as  a revival  of  or  a recognition  of  the  city  of  Chi- 


493 


§ 243]  CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY. 

cago  of  any  rights  or  privileges  heretofore  granted  to  the  Chicago  & 
Evanston  Railroad  Company  by  an  ordinance  passed  August  17th, 
1864,  or  by  an  ordinance  passed  June  12th,  1872,  or  by  any  other  ordi  - 
nance of  said  city.  And  it  is  further  expressly  provided  that  said  ordi- 
nance, passed  January  23rd,  1882,  shall  not  and  does  not  in  any  way 
confer  the  right  to  run  freight  cars  in  Hawthorne  avenue,  where  the 
same  were  prohibited  by  section  1 of  said  ordinance,  passed  June  12th, 
1872. 

§ 243.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

][  1.  Route — repair  of  streets  and  alleys. 

\ 2.  Motive  power. 

\ 3.  Two  viaducts  each  year — approaches. 

][  4.  Subject  to  ordinances. 

\ 5.  Indemnity. 

\ 6.  Damages  to  private  property — suits  to  ascertain. 

\ 7.  Side  tracks. 

^[8.  Use  of  tracks  by  tenant  companies. 

An  ordinance  concerning  the  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

(Passed  September  22,  1873.) 

If  1.  Route — repair  of  streets  and  alleys.]  Be  it  ordained  by 
the  common  council  of  the  city  of  Chicago:  § 1.  That  permission 

and  authority  is  hereby  given  to  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company,  and  its  successors,  to  put  down,  construct  and 
maintain  a railroad, • with  a single  or  double  track,  and  all  necessary 
switches  and  turn-outs  along  the  line  of  their  road  as  now  graded,  and 
as  shown  on  the  plat  attached  hereto  and  made  part  hereof,  from  a 
point  on  the  south  side  of  Kinzie  street,  at  or  near  the  crossing  of 
Western  avenue,  across  Kinzie  street,  Western  avenue,  Artesian  ave- 
nue, Seymour  street.  Rockwell  street,  Washtenaw  avenue,  California 
avenue,  West  Chicago  avenue,  Kedzie  street,  Augusta  street,  Homan 
and  Grand  avenue,  Central  Park,  Tinkham,  Lawndale  and  North  ave- 
nues, and  other  streets  and  avenues,  and  alleys,  between  said  Kinzie 
street  and  North  avenue,  which  cross  or  may  hereafter  be  laid  out 
across  the  said  line  of  said  railway,  as  shown  on  the  said  plat — sub- 
ject, however,  to  the  direction  of  the  board  of  public  works  of  said  city 
in  the  construction  of  said  tracks,  switches  and  turn-outs,  and  the  pav- 
ing and  keeping  in  repair  of  so  much  of  said  streets,  alleys  and  cross- 
ings as  may  be  occupied  by  said  railway  company  with  its  tracks, 
switches  and  turn-outs. 

1.  2.  Motive  power.]  § 2.  Said  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company,  and  its  successors,  are  hereby  authorized  to 
run  their  cars  over  and  along  said  tracks,  with  steam,  or  such  other 
motive  power  as  said  company  may  deem  best,  subject,  however,  to 
all  general  ordinances  of  the  city  of  Chicago  as  to  railroad  companies 
similarly  situated. 

If  3.  Two  viaducts  each  year— approaches.]  § 3.  Conven- 
ient crossings  shall  be  made  and  maintained  by  said  company  where 


494 


RAILROADS. 


[§  243 


said  track  or  tracks  cross  any  street  or  alley  within  the  limits  of  said 
city,  according  to  the  directions  of  the  board  of  public  works  of  said 
city.  The  permission  and  authority  herein  granted  are  upon  the 
express  condition  that  the  said  Chicago,  Milwaukee  and  St.  Paul  Rail- 
way Company  shall  annually,  from  the  passage  of  this  ordinance, 
erect  and  maintain  two  viaducts  in  each  year  over  its  said  tracks,  and 
the  board  of  public  works  shall,  in  each  year,  on  or  before  the  first  day 
of  January,  designate  the  streets  over  which  such  viaducts  and  ap- 
proaches to  said  viaducts  shall  be  constructed  and  maintained,  the 
same  to  be  built  in  such  manner  as  the  said  board  of  public  works 
shall  direct;  Provided,  however,  that  the  said  viaduct  or  viaducts 
shall  have  approaches  thereto,  on  each  side  thereof,  with  the  proper 
area  on  either  side  of  said  approaches;  said  approaches  to  have  an 
elevation  of  not  more  than  one  foot  to  every  forty  feet  in  length 
thereof,  and  that  said  approaches  to  said  viaducts  shall  likewise  be 
erected  and  built  by  and  at  the  expense  of  said  railroad  company. 

If  4.  Subject  to  ordinances.]  § 4.  The  privileges  hereby 
granted  shall  be  subject  to  all  the  general  ordinances  that  are  now  or 
may  hereafter  be  in  force  concerning  railroads  in  the  city  of  Chicago. 

^f  5.  Indemnity.]  § 5.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  Chicago, 
Milwaukee  and  St.  Paul  Railway  Company  shall  and  will  forever  in- 
demnify and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  of  the 
same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  such  privileges 
and  authority,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from,  the  passage  of  this  ordinance,  or  any  matter  or  thing  connected 
therewith,  or  with  the  exercise  by  said  company  of  the  privileges 
hereby  granted. 

If  6.  Damages  to  private  property — suits  to  ascertain.]  § 6. 

The  permission  and  authority  herein  granted  are  upon  the  further  ex- 
press condition  that  said  railroad  company  shall  and  will  within  three 
years  from  the  time  that  said  company  shall  lay  down  and  construct 
said  track  or  tracks  upon  said  streets,  commence  and  prosecute  in 
good  faith,  in  some  court  of  competent  jurisdiction,  proceedings  for 
the  ascertainment  of  and  the  making  of  compensation  for  all  legal 
damages  that  may  be  suffered  by  any  person  or  persons  in  their  prop- 
erty or  possessions  by  reason  of  such  laying  down  and  construction 
of  such  track  or  tracks,  or  any  part  thereof;  and  that,  having  so  com- 
menced such  proceedings,  said  railroad  company  shall  prosecute  the 
same  in  good  faith,  without  unreasonable  delay,  to  completion;  Pro- 
vided, that  this  section  shall  not  apply  to  any  property  or  possessions 
the  owner  of  or  party  interested  in  which  shall  not  have  claimed  such 
compensation  within  said  three  years. 

Tf  7.  Side  tracks.]  § 7.  The  permission  and  authority  herein 


§ 243]  CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY.  495 

granted  are  upon  the  further  express  condition,  to  wit:  That  said 

Chicago,  Milwaukee  and  St.  Paul  Railway  Company  shall  permit  any 
corporation,  person  or  persons,  duly  authorized  by  ordinance  of  said 
city,  to  construct  side  tracks  to  intersect  any  track  or  tracks  of  said 
railway  company  within  the  limits  of  said  city,  for  the  purpose  of  con- 
veying property  to  and  from  said  railway  to  any  warehouse,  lumber 
yard,  coal  yard  or  manufactory  situated  within  one  thousand  (1,000) 
feet  of  such  railroad,  and  upon  reasonable  compensation  being  made 
therefor,  shall  at  all  times  permit  the  owners  or  lessees  of  any  such 
side  track,  or  the  consignees  of  any  property,  to  take  the  cars  contain- 
ing such  property  to  him  or  them  consigned,  to  any  such  warehouse, 
lumber  yard,  coal  yard  or  manufactory,  situated  upon  any  such  side 
track;  and  that  such  owner,  lessee  or  person  conducting  or  carrying 
on  any  such  warehouse,  lumber  yard,  coal  yard  or  manufactory,  shall 
be  entitled  to  have  any  property  taken  from  any  such  warehouse, 
lumber  yard,  coal  yard  or  manufactory,  over  any  such  side  track,  to 
and  upon  the  track  of  said  railway,  under  the  direction  and  regulations 
of  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  without 
unreasonable  delay;  Provided,  however,  that  any  cars  so  taken  shall& 
be  returned  without  any  unnecessary  delay. 

Tf  8,  Use  of  tracks  by  tenant  companies.]  § 8.  The  per- 
mission and  authority  hereby  granted  are  in  consideration  of  and  upon 
the  further  express  condition  that  said  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  shall  permit  any  other  two  railroad  com- 
panies to  use  the  tracks  hereby  authorized  to^be  laid,  upon  such  fair 
and  equitable  terms  as  may  be  agreed  upon  between  said  other  com- 
panies, jointly  and  severally,  and  said  Chicago,  Milwaukee  and  St. 
Paul  Railroad  Company,  and  in  event  of  a disagreement  as  to  such 
terms,  the  same  shall  be  settled  and  determined  by  three  disinterested 
persons,  one  to  be  named  by  such  other  railroad  companies,  and  the 
other  by  the  Chicago,  Milwaukee  and  St.  Paul  Railroad  Company, 
and  the  two  so  chosen  to  choose  a third  person,  and  the  terms  and 
conditions  which  shall  be  agreed  upon  and  determined  by  such  three 
persons  so  chosen,  or  a majority  of  them,  shall  be  the  terms  and  con- 
ditions upon  which  such  other  railroad  companies,  respectively,  shall 
be  allowed  to  use  and  occupy  the  tracks  hereby  authorized  to  be  laid, 
and  such  other  railroad  companies  shall,  in  such  case,  have  the  same 
privilege  to  run  cars  upon  and  across  all  streets,  avenues,  alleys  and 
highways  as  are  herein  granted  to  said  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company,  and  shall  be  subject  to  all  the  terms,  condi- 
tions and  restrictions  contained  in  this  ordinance,  to  the  same  extent 
as  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company. 


/ 


496 


RAILROADS. 


§ 244.  Chicago,  Milwaukee  & St.  Paul  Railroad  company. 

^ 1.  Route. 

2.  Subject  to  ordinances  and  to  conditions  governing  Columbus, 

Chicago  & Indiana  Central  Railroad  company. 

3.  Grant,  ten  years — repair  of  Carroll  street, 
f 4.  Viaducts. 

An  ordinance  granting  permission  to  the  Chicago,  Milwaukee  & St.  Paul  Rail- 
road company  to  operate  a track  upon  Carroll  street,  etc.  (Passed  August 
1,  1881.) 

T 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  are  hereby 

granted  to  the  Chicago,  Milwaukee  and  St.  Paul  Railroad  Company, 
and  its  successors,  to  construct,  maintain  and  operate  one  track  upon 
and  along  the  north  half  of  Carroll  street,  from  Union  street  to  the 
west  line  of  the  alley  between  Clinton  and  Canal  streets,  and  across 
and  upon  the  sidewalk  space  upon  the  north  side  of  Carroll  street, 
and  upon  and  across  Desplaines  street  and  Milwaukee  avenue,  under 
the  viaducts,  and  Jefferson  and  Clinton  streets,  and  intervening  alleys 
* between  Carroll  street  and  the  alley  running  east  and  west  between 
Kinzie  and  Carroll  streets,  as  shown  by  the  map  hereto  annexed,  and 
made  a part  hereof. 

1 2.  Subject  to  ordinances  and  to  conditions  governing  C., 
0.  and  I.  C.  Ry.  Company.]  § 2.  The  privileges  hereby  granted 
shall  be  subject  to  all  general  ordinances  that  are  now  or  shall  here- 
after be  in  force  concerning  railroads  in  the  city  of  Chicago,  and  espe- 
cially subject  to  the  conditions  of  the  ordinance  entitled,  “An  ordi- 
nance concerning  the  Columbus,  Chicago  and  Indiana  Central  Rail- 
way,” passed  by  the  common  council  of  the  city  of  Chicago,  April  1st, 
1872. 

IT  3.  Grant,  10  years— repair  of  Carroll  street.]  § 3.  The 

permission  and  privileges  hereby  granted  are  upon  the  express  con- 
dition that  the  said  Chicago,  Milwaukee  and  St.  Paul  Railroad  Com- 
pany shall,  before  or  at  the  time  of  the  construction  of  said  railroad 
tracks,  improve  the  roadway  on  the  north  side  of  said  Carroll  street, 
south  of  the  tracks  hereby  authorized,  and  between  said  tracks  and 
the  railroad  tracks  on  the  south  side  of  said  street,  by  paving  the  same 
with  wooden  blocks,  or  by  planking  or  macadamizing  the  same,  as 
the  commissioner  of  public  works  or  other  proper  officer  or  depart- 
ment of  said  city  may  direct,  and  under  the  supervision  and  to  the 
satisfaction  of  said  commissioner,  officer  or  department,  and  shall 
maintain  and  keep  in  repair  the  said  roadway  as  directed  by  and 
under  the  supervision  and  to  the  satisfaction  of  the  said  commissioner, 
officer  or  department,  so  long  as  the  tracks  hereby  authorized  shall 
be  maintained  or  operated  by  said  Chicago,  Milwaukee  and  St.  Paul' 
Railroad  Company,  its  successors  or  assigns. 

The  permission  hereby  granted  shall  continue  for  the  period  of 
ten  years. 


497 


§ 245]  CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY. 

4.  Viaducts.]  § 4.  The  permission  and  authority  herein 
granted  are  upon  the  express  condition  that  they  s'hall  erect  viaducts 
over  and  across  their  tracks  at  Jefferson  street  and  Clinton  street,  ac- 
cording to  terms  provided  in  section  3 of  an  ordinance  concerning 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  passed  Sep- 
tember 22,  1873. 

§ 245.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

Tf  1.  Elevated  roadway — specifications — bridge  over  Union  street — 
height  from  street. 

2.  Indemnity. 

An  ordinance  granting  permission  to  the  Chicago,  Milwaukee  & St.  Paul  Railway 
company  to  construct  an  elevated  roadway  from  the  east  line  of  Halsted 
street  east  to  Jefferson  street,  and  for  a bridge  at  Union  street.  (Passed 
February  n,  1884.) 

IT  1.  Elevated  roadway — specifications — bridge  over  Union 
street — height  from  street.]  Be  it  ordained  by  the  common  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  are  hereby 
granted  the  Chicago,  Milwaukee  & St.  Paul  Railway  Company  to* 
construct  and  maintain  an  elevated  roadway  for  the  special  use  of 
the  shippers  and  receivers  of  freight  over  the  road  of  said  company, 
and  for  general  public  use  from  the  east  line  of  Halsted  street  extend- 
ing east  to  the  west  line  of  Jefferson  street,  of  the  uniform  width  of 
thirty-five  (35)  feet,  from  the  south  walls  of  the  present  freight  house 
of  said  company  on  blocks  eleven  (11),  sixty-one  (61)  and  sixty-two 
(62)  of  old  town  of  Chicago,  to  a line  nine  (9)  feet  south  of  and  parallel 
with  the  north  line  of  Wayrnan  street. 

And  the  further  privilege  is  hereby  granted  of  connecting  such 
roadway  with  Halsted  and  Desplaines  streets  viaducts,  but  in  such 
manner  as  not  to  impair  the  public  use  of  such  viaducts.  Authority 
is  also  given  said  company  to  construct  an  iron  bridge  over  Union 
street  of  the  uniform  width  of  said  roadway,  leaving  a space  of  not 
less  than  fourteen  (14)  feet  in  the  clear  between  said  bridge  and  the 
present  citv  grade  of  Union  street.  Further  permission  and  author- 
ity are  given  said  company  to  place  iron  columns  for  the  support  of 
the  superstructure  of  said  roadway  on  a line  nine  (q)  feet  south  of 
and  parallel  with  the  north  line  of  Wavman  street,  but  no  columns 
or  other  obstructions  shall  be  placed  in  Union  street. 

Provided,  however,  and  this  grant  is  upon  the  express  condition 
that  said  company  shall  keep  and  maintain  the  present  roadway  in 
good  repair  for  public  use,  the  entire  length  of  said  blocks  from  said 
south  line  of  its  freight  houses  to  said  line  nine  (9)  feet  south  of  the 
north  line  of  Wavman  street,  from  the  east  line  of  Halsted  street  to  the 
west  line  of  Tefferson  street. 

And  provided,  further,  that  before  said  company  shall  commence 
the  construction  of  such  roadwav  it  shall  submit  the  plans  thereof 
and  of  the  superstructure  and  bridge  to  the  commissioner  of  public; 


498  RAILROADS.  [§  246 

works,  and  such  plans  shall  be  approved  in  writing  by  such  commis- 
sioner. 

IT  2.  Indemnity.]  § 2.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  company 
shall  and  will  forever  indemnify  and  save  harmless  said  city  of  Chi- 
cago against  and  from  any  and  all  damages,  judgments,  decrees,  costs 
and  expenses  of  the  same,  which  it  may  suffer  or  which  may  be  recov- 
ered or  obtained  against  said  city  for  or  by  reason  of  the  granting  of 
such  privilege  and  authority,  or  for  or  by  reason  of,  or  growing  out 
of,  or  resulting  from,  the  passage  of  this  ordinance,  or  from  any  act  or 
acts  of  the  said  company  under  or  by  virtue  of  the  privileges  of  this 
ordinance. 

And  it  is  hereby  further  provided,  that  upon  the  recovery  of  any 
final  judgment  or  judgments  against  said  city,  as  aforesaid,  the  said 
company  shall  immediately  and  without  prior  payment  of  such  judg- 
ment or  judgments  by  said  city,  shall  be  liable  to  pay  and  shall  pay 
the  amount  or  amounts  thereof  to  said  city,  and  the  fact  that  said 
city  may  not  have  paid  such  judgment  or  judgments  shall  constitute 
no  defense  on  the  part  of  said  company. 

§ 246.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

*[[  1.  Grant — route — conditions. 

2.  When  in  force. 

An  ordinance  granting  to  the  Chicago,  Milwaukee  & St.  Paul  Railway  company 
certain  conditional  privileges  to  lay  a single  or  double  track  railway  across 
Fullerton  avenue  in  the  town  of  Lake  View.  (Passed  March  29,  1886.) 

T 1.  Grant — route — conditions.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake  View:  § 1.  That  permission  and 

authority  be  and  the  same  are  hereby  granted  to  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company  to  construct,  maintain  and 
operate  a single  or  double  track  railway  across  Fullerton  avenue,  in 
the  town  of  Lake  View,  from  the  south  line  of  said  town  and  within 
a distance  of  three  hundred  feet  east  of  the  north  branch  of  the  Chicago 
river,  upon  the  following  conditions,  to  wit: 

1st.  That  the  use  of  said  portion  of  said  Fullerton  avenue  by 
the  said  railway  company  under  this  license  shall  in  no  manner  be 
or  become  a hindrance  or  obstruction  to  the  free  enjoyment  thereof  by 
the  public  as  a highway. 

2nd.  That  the  said  railway  company  shall  at  all  times  keep  said 
crossing  in  good  condition  and  repair,  planked  or  otherwise,  as  the 
board  of  trustees  of  said  town  may  prescribe,  order  or  direct. 

3rd.  That  whenever  said  town  of  Lake  View,  together  with  the 
proper  authorities  of  the  city  of  Chicago,  shall  order  the  construction 
of  a viaduct  on  Fullerton  avenue  at  said  crossing,  the  said  company 
shall  and  will  promptly,  and  without  delay,  bear  its  just  proportion 
pf  the  costs  and  expenses  for  building  and  constructing  the  same. 

4th.  That  this  grant  is  held  subject  at  all  times  to  the  orders  of 


§ 247]  CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY.  499 

the  board  of  trustees  and  to  the  laws  and  ordinances  governing  the 
town  of  Lake  View. 

% 2.  When  in  force.]  § 2.  That  this  ordinance  shall  be  in 
force  from  and  after  its  passage. 

§ 247.  Chicago,  Milwaukee  & St.  Paul  Railway  company 
1.  Grant — route. 

\ 2.  Conditions  as  to  laying  tracks. 

y 3.  Repair  of  street. 

^ 4.  Subject  to  ordinances. 

An  ordinance  granting  the  Chicago,  Milwaukee  & St.  Paul  Railway  company 

a right  of  way  to  Rossow  Bros.  ’ Wagon  Manufacturing  Company.  (Passed 

August  6,  1888.  Approved  August  15,  1888.) ' 

1”  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Lake  View:  § 1.  That,  permission  and  authority  be  and 

the  same  are  hereby  granted  to  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  to  lay  down,  construct,  maintain  and  operate  a 
railroad  track  across  and  upon  Otto  street,  in  the  city  of  *Lake 
View,  and  across  and  upon  the  alley  immediately  north  and  parallel 
thereto ; the  westerly  rail  of  which  track  shall  not  exceed  in  dis- 
tance six  feet  from  the  westerly  line  of  the  right  of  way  of  the  said 
company.  The  object  of  said  track  being  to  accommodate  the 
Wagon  Manufacturing  of  Rossow  Bros. 

1 2.  Condition  as  to  laying  track.]  § 2.  The  said  track 
shall  be  laid  down  and  maintained  under  the  direction  and  supervision 
of  the  commissioner  of  public  works  of  this  city,  and  shall  not  be  ele- 
vated in  said  street  above  the  surface  thereof,  and  shall  be  laid  with 
modern  improved  rails  in  such  manner  that  carriages  and  other  ve- 
hicles can  easily  and  freely  cross  the  same  at  all  points  and  in  all  direc- 
tions without  obstruction. 

If  3.  Repair  of  street.]  § 3.  The  said  company  as  to  the  part 
of  the  said  street  upon  which  its  said  track  may  be  laid  shall  keep  eight 
feet  in  width  in  good  condition  and  repair,  during  all  the  time  to  which 
the  privilege  hereby  granted  shall  extend,  in  accordance  with  whatever 
order,  ordinance,  or  regulation  may  be  passed  or  adopted  by  the  city 
council  of  the  city  of  Lake  View  in  relation  to  such  repair;  and  if  the 
said  company  shall  refuse  or  fail  so  to  do  the  same  may  be  done  by 
the  city  and  the  company  shall  be  liable  to  the  city  for  the  cost  thereof. 

1 4.  Subject  to  ordinances.]  § 4.  The  privileges  hereby 
granted  shall  be  subject  to  all  ordinances  concerning  railroads,  or 
which  may  hereafter  be  passed,  and  upon  the  express  further  condition 
that  the  city  council  may  at  any  time  repeal  this  ordinance. 


500 


RAILROADS. 


[§  ^ 


§ 248.  Chicago,  Milwaukee  & St.  Paul  Railroad  company. 

Tf  1.  Bloomingdale  road  (extension),  between  Maplewood  and  Rock- 
well streets — bond — street. 

T[  2.  Grant,  ten  years — modification  or  repeal. 

\ 3.  Removal  at  expiration  of  grant. 

][  4.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Chicago,  Milwaukee  & St.  Paul  Railroad 
company  for  extension  of  track  on  Bloomingdale  road.  (Passed  July  29, 

1889.) 

1 1.  Bloomingdale  road  (extension),  between  Maplewood 
and  Rockwell  streets — bond — street  repairs.]  Be  it  ordained  by 

the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  is  here- 

by granted  to  the  Chicago,  Milwaukee  and  St.  Paul  Railroad  Company 
to  extend  and  operate  their  switch  track  now  in  Bloomingdale  road, 
from  a point  about  fifty  feet  west  of  the  west  line  of  Maplewood  avenue, 
along  said  Bloomingdale  road  to  a point  near  the  east  line  of  Rockwell 
street;  Provided,  however,  that  said  Chicago,  Milwaukee  and  St.  Paul 
Railroad  Company  shall,  before  laying  said  track,  enter  into  a bond 
with  the  city  of  Chicago  in  the  sum  of  ten  thousand  (10,000)  dollars, 
to  be  approved  by  the  mayor,  to  hold  and  save  the  city  of  Chicago 
harmless  from  all  damages,  costs  and  expenses  whatsoever  in  conse- 
quence of  the  passage  of  this  ordinance  granting  the  privileges  herein 
contained;  Provided,  further,  that  the  privileges  hereby  granted  shall 
be  subject  in  all  respects  to  all  ordinances  now  in  force,  or  which  may 
hereafter  be  passed  concerning  railroads,  and  that  said  Chicago,  Mil- 
waukee and  St.  Paul  Railroad  Company  shall,  at  their  own  expense, 
construct  and  maintain  a good  and  sufficient  crossing  on  Maplewood 
avenue,  and  shall  keep  so>  much  of  Bloomingdale  road  as  is  occupied 
by  their  track,  and  also  all  of  said  Bloomingdale  road,  on  the  north 
side  of  their  track,  between  Seymour  and  Rockwell  streets,  in  such 
condition  and  repair  as  they  mav  be  directed  bv  the  department  of  pub- 
lic works.  Said  tracks  shall  be  laid  down  and  maintained,  and  all  work 
herein  provided,  done  under  the  direction  and  supervision  of  the  de- 
partment of  public  works,  and  if  the  Chicago,  Milwaukee  and  St.  Paul 
Railroad  Company  shall  violate  any  of  the  provisions  of  this  ordinance, 
then  the  department  of  public  works  may  tear  up  and  remove  the  track 
herein  authorized  to  be  laid,  and  the  cost  thereof  shall  be  paid  by  said 
Chicago,  Milwaukee  and  St.  Paul  Railroad  Company.  * 

1 2.  Grant,  ten  years— modification  or  repeal.]  § 2.  The 
rights  and  privileges  hereby  granted  shall  terminate  at  the  expiration 
of  ten  (10)  years  from  the  passage  hereof,  and  this  ordinance  shall  at 
any  time  after  the  passage  thereof  be  subject  to  modification,  amend- 
ment or  repeal,  and  in  case  of  repeal  all  privileges  hereby  granted  shall 
terminate. 

T 3.  Removal  at  expiration  of  grant.]  § 3.  At  the  expira- 
tion of  this  ordinance,  or  in  case  of  its  repeal,  said  Chicago,  Milwaukee 
and  St.  PzTul  Railroad  Company  shall,  at  their  own  expense,  cause  said 


§§  249>25°]  CHICAGO,  MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY.  501 

tracks  to  be  removed  and  the  part  of  the  street  so  occupied  by  said 
tracks  to  be  placed  in  such  repair  and  condition  as  the  department  of 
public  works  may  require,  and  if  said  Chicago,  Milwaukee  and  St.  Paul 
Railroad  Company  shall  fail  to  remove  said  tracks  and  so  restore  said 
street,  as  herein  provided,  then  the  city  of  Chicago  may,  after  ten  (10) 
days’  notice  to  the  said  company,  or  their  bondsmen,  remove  said 
tracks  and  restore  the  part  of  the  street  so  occupied  by  said  tracks  to 
such  condition  as  it  may  elect  at  the  expense  and  cost  of  said  Chicago, 
Milwaukee  and  St.  Paul  Railroad  Company. 

T 4.  When  in  force — acceptance.]  § 4.  This  ordinance 

shall  be  in  force  from  and  after  its  passage  and  acceptance  by  said  Chi- 
cago, Milwaukee  and  St.  Paul  Railroad  Company. 

§ 249.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

1.  Grant — route — Dunning  street.  ‘ 

2.  When  in  force. 

An  ordinance  granting  right  of  way  to  the  Chicago,  Milwaukee  & St.  Paul  Rail- 
way company  for  a side  track  across  Dunning  street,  between  Surrey  court 
and  Ward  street,  in  the  city  of  Chicago.  (Passed  October  21, 1895.  Accepted 
October  28,  1895.) 

1 1.  Grant — route— Dunning  street.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority be  and  the  same  are  hereby  granted  to  the  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  as  the  lessees  of  the  Chicago,  Evan- 
ston and  Lake  Superior  Railway,  to  construct,  maintain  and  operate, 
with  steam  or  other  motive  power,  a side  track  across  Dunning  street, 
between  Surrey  court  and  Ward  "street,  said  side  track  running  across 
said  street  from  the  right  of  way  of  said  railway  company,  in  lot  thir- 
teen (13)  to  lots  eight  (8)  and  nine  (9),  all  of  County  Clerk’s  division 
of  block  forty  three  (43),  Sheffield’s  addition  to  Chicago,  as  shown 
upon  the  plat  attached  hereto  and  made  a part  of  this  ordinance;  Pro- 
vided, however,  that  said  railway  company,  its  successors  and  assigns, 
shall  keep  the  part  of  said  Dunning  street,  occupied  by  said  side  track, 
in  good  repair,  as  directed  by  the  commissioner  of  public  works. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 

§ 250.  Chicago,  Milwaukee  & St.  Paul  Railway  company. 

If  1.  Route. 

Tf  2.  Indemnity, 
if  3.  Supervision. 

Tf  4.  When  in  force — acceptance. 

An  ordinance  granting  permission  unto  the  Chicago,  Milwaukee  & St.  Paul  Rail- 
way company  to  construct,  maintain  and  operate  the  side  track  on  the  west 
side  of  Dominick  street  in  front  of  lots  one  (1)  and  two  (2),  block  (6)  of 
Dominick’s  subdivision.  (Passed  July  20,  1896.) 

If  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  are  hereby  granted 


502 


RAILROADS. 


[§  25T 


unto  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  to  con- 
struct, maintain  and  operate  a switch  track,  commencing  at  a point 
on  its  main  track  in  Dominick  street,  in  the  city  of  Chicago,  about  260 
feet  southeast  from  the  south  line  of  Webster  avenue,  and  running 
thence  northwesterly  in  front  of  lots  one  (1)  and  two  (2),  block  six  (6), 
of  Dominick’s  subdivision  to  the  south  line  of  Webster  avenue,  which 
said  tracks  is  shown  by  red  lines  as  “proposed  side  track”  upon  the  plat 
hereunto  attached. 

IT  2.  Indemnity.]  § 2.  The  permission  and  authority  hereby 
granted  are  upon  the  express  condition  that  the  said  Chicago,  Milwau- 
kee and  St.  Paul  Railway  Company  shall  and  will  forever  indemnity 
and  save  harmless  the  city  of  Chicago,  against  and  from  any  and  all 
damages,  judgments,  decrees  and  costs  and  expenses  of  the  same, 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  city,  for  or  by  reason  of  the  granting  of  such  privileges  and  author- 
ity, or  for  or  by  reason  or  growing  out  of,  or  resulting  from  the  pas- 
sage of  this  ordinance,  or  any  matter  or  thing  connected  herewith, 
or  with  the  exercise  by  said  company  of  the  privileges  hereby  granted. 

1"  3.  Supervision.]  § 3.  All  work  which  shall  be  done  with 
and  by  authority  of  the  privileges  or  under  the  conditions  of  this  or- 
dinance shall  be  done  under  the  direction  of  the  commissioner  of  pub- 
lic works,  and  shall  be  done  in  a manner  satisfactory  to  him,  and  at  the 
sole  cost  and  expense  of  said  Chicago,  Milwaukee  and  St.  Paul  Rail- 
way Company. 

1"  4.  When  in  force— acceptance.]  § 4.  This  ordinance  shall 

take  effect  and  be  in  force  from  and  after  its  passage  and  approval  and 
its  acceptance  by  said  Chicago,  Milwaukee  and  St.  Paul  Railway 
Company;  Provided,  however,  that  such  acceptance  shall  be  filed  with 
the  city  clerk  within  thirty  (30)  days  after  the  approval  of  this  ordi- 
nance. 


CHICAGO  & EVANSTON  RAILROAD  COMPANY. 

§ 251.  Chicago  & Evanston  Railroad  company. 

][  1.  Incorporated — powers. 

*['  2.  Railroad  powers — certain  route  forbidden. 

1'  3.  Capital  stock. 

] 4.  Board  of  directors. 

\ 5.  Right  of  way — eminent  domain.  $ 

][  6.  Term  of  charter — when  tn  force. 

An  act  to  incorporate  the  Chicago  & Evanston  Railroad  company.  (Approved 

February  16,  1861.) 

Tf  1.  Incorporated — powers.]  §1.  Be  it  enacted  by  the  peo- 


CHICAGO  & EVANSTON  RAILROAD  COMPANY. 


503 


251] 


pie  of  the  state  of  Illinois,  represented  in  the  general  assembly,  That 
James  G.  Hamilton,  George  W.  Thompson,  Orrington  Lunt,  Hugh  T. 
Dickey,  Jabez  K.  Botsford,  S.  B.  Chase,  Henry  Smith,  Edwin  Haskins, 
Thomas  C.  Hoag,  Isaac  N.  Arnold,  J.  F.  Willard  and  John  Evans,  and 
their  associates,  who  may  be  such  by  becoming  stockholders  in  this 
company,  and  their  successors,  be  and  they  are  hereby  created  a body 
politic  and  corporate,  by  the  name  and  style  of  "The  Chicago  and 
Evanston  Railroad  Company,”  with  power  to  sue  and  be  sued,  plead 
and  be  impleaded;  to  adopt  a common  seal  and  alter  it  at  pleasure;  to 
adopt  such  by-laws  and  regulations  as  they  may  deem  expedient;  and 
to  have  and  exercise  all  other  rights  and  powers  necessary  to  carry 
out  the  intentions  of  this  act. 

T 2.  Railroad  powers — certain  route  forbidden.]  § 2.  They 
shall  have  power  to  locate,  construct,  maintain  and  operate  with  horse 
or  locomotive  cars,  from  the  city  of  Chicago  to  any  point  in  the  town 
of  Evanston,  a railroad  with  a single  or  double  track,  turnouts,  sidings, 
depots  and  all  other  necessary  appliances.  They  may  contract  with  the 
North  Chicago  Horse  Railroad  Company  or  any  other  company,  or 
party,  to  operate  their  road,  or  the  road  of  such  other  party,  either 
separately  or  jointly,  as  may  be  agreed  upon.  They  may  acquire,  by 
donation,  stock  subscription  or  purchase,  dispose  of  and  convey,  as 
they  may  deem  expedient,  real  estate  not  to  exceed  in  value,  on  hand 
at  any  one  time,  the  capital  stock  of  the  company;  and  for  the  pur- 
pose of  carrying  out  the  intentions  of  this  act,  they  shall  have  power 
to  borrow  money,  not  to  exceed  in  amount  the  capital  stock  of  the  com- 
pany, and  to  secure  the  payment  thereof  by  pledge  or  mortgage  of 
any  or  all  of  its  property,  rights,  credits  and  franchises.  No  author- 
ity is  or  shall  be  granted  to  said  company,  or  to  any  other  corporation 
or  party,  by  the  city  of  Chicago,  to  lay  any  railroad  track  in  Wells, 
Dearborn,  Wolcott,  Cass,  Rush,  Pine,  North  or  South  Clark  streets, 
or  in  Wabash  or  Michigan  avenues,  in  the  city  of  Chicago;  but  the 
laying  of  the  same  is  hereby  expressly  prohibited. 

If  3.  Capital  stock.]  § 3.  The  capital  stock  of  the  company 
shall  be  one  hundred  thousand  dollars,  which  shall  be  divided  into 
shares  of  one  hundred  dollars  each.  It  may  be  increased  by  a two- 
thirds  vote  of  all  the  stock  of  the  company,  at  any  regular  meeting 
of  the  stockholders,  to  an  amount  not  to  exceed  three  hundred  thou- 
sand dollars.  Books  may  be  opened  for  subscriptions  to  the  stock  of 
the  company,  as  may  be  deemed  expedient  by  the  board  of  directors. 

If  4.  Board  of  directors.]  § 4.  The  affairs  of  the  company 
shall  be  managed  by  a board  of  twelve  directors,  a majority  of  whom 
shall  form  a quorum.  After  the  expiration  of  the  term  of  the  first 
board  they  shall  be  elected  annually  by  the  stockholders,  as  may  be 
provided  in  the  by-laws,  and  shall  hold  their  office  for  one  year,  and 
until  their  successors  are  elected.  The  persons  herein  named  as  cor- 
porators shall  be  the  first  board  of  directors. 


504 


RAILROADS. 


2 


1 5.  Right  of  way— eminent  domain.]  § 5.  In  procuring 

the  right  of  way  for  said  railroad  they  shall  be  entitled  to  such  privi- 
leges and  rights  to  cross  or  run  along  highways  as  may  be  granted  by 
the  commissioners  of  highways  of  the  towns  through  which  it  may 
pass;  and  when,  on  account  of  non-residence,  minority,  or  other  dis- 
ability to  sell,  on  the  part  of  owners  of  property,  or  where  parties  re- 
fuse to  grant  their  property,  or  fail  to  agree  as  to  the  compensation  for 
the  right  of  way  or  depot  grounds,  said  company  may  condemn  and 
take  the  same,  according  to  the  provisions  of  “An  act  to  amend  the  law 
condemning  the  right  of  way  for  purposes  of  internal  improvements,” 
approved  June  22,  1852. 

1 6.  Term  of  charter — when  in  force.]  § 6.  This  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage,  and  continue  for 
fifty  years. 

§ 252.  Chicago  & Evanston  Railroad  company. 

If  1.  Grant — route. 

T1  2.  Conditions — crossings — supervision. 

\ 3.  Motive  power — subject  to  ordinances — rights  reserved. 

f 4.  Extension  of  streets — crossings. 

\ 5.  Repair  of  tracks  and  crossings. 

\ 6.  Indemnity. 

*1'  7.  Bond — conditions. 

Tf  8.  Time  for  completion  limited. 

An  ordinance  concerning  the  Chicago  & Evanston  Railroad  company.  (Passed 
and  approved  October  3,  1881.  Accepted  September  20,  1882.) 

1 1.  Grant  — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake  View:  § 1.  That  permission  and  authority  be 

and  are  hereby  granted  to  the  Chicago  and  Evanston  Railroad  Com- 
pany to  lay  down,  maintain  and  operate  a single  railroad  track  or  dou- 
ble tracks,  with  the  necessary  switches  and  turn-outs,  through  the 
town  of  Lake  View,  on  a route  commencing  at  a point  to  be  selected 
by  said  company  in  Fullerton  avenue,  on  the  south  line  of  the  town, 
between  the  east  line  of  Southport  avenue  and  a point  six  hundred 
(600)  feet  east  thereof,  and  running  thence  northeasterly  and  north  to 
a point  on  the  north  boundary  line  of  the  town,  three  hundred  and 
thirty  (330)  feet  east  of  the  center  of  Evanston  avenue;  and  in  the 
course  of  said  route  to  run  in  the  street  which  runs  from  Wrightwood 
avenue  to  Lincoln  avenue  on  the  line  midway  between  Southport  av- 
enue and  Racine  road  (or  avenue),  and  in  Stella  street  from  Grace  street 
(or  Ivanhoe  street),  its  present  southern  end,  to  the  street  known  as 
Sulzer  street  (or  Armadale  road),  its  present  northern  end;  and  to 
cross  all  streets  and  alleys  in  said  route. 

i[  2.  Conditions  — crossings  — supervision.]  § 2.  The  said 
company  is  required,  and  this  grant  is  made  upon  the  express  condi- 
tion, that  it  shall  so  construct  the  crossings  of  all  streets  as  not  to  in- 
terfere with  the  safe,  free  and  convenient  use  of  the  same  by  the  public; 
and  keep  the  same  planked  so  that  the  surface  shall  be  even  with  the 


§ 252] 


CHICAGO  & EVANSTON  RAILROAD  COMPANY. 


505 


top  of  the  rails  for  the  full  width  of  the  highways,  and  upon  the  further 
condition  that  said  company  shall,  in  all  other  respects,  exercise  the 
powers  and  privileges  hereby  granted,  subject  to  the  requirements  and 
provisions  of  the  ordinance  of  the  town  of  Lake  View,  entitled  “Rail- 
roads,” approved  March  17th,  A.  D.  1879,  and  designated  as  chapter 
twenty-seven  (XXVII)  of  the  laws  and  ordinances  governing  the  town 
of  Lake  View,  printed  and  published  by  authority  of  the  board  of  trus- 
tees of  the  town  of  Lake  View,  of  the  date  of  June  2d,  1879;  and  upon 
the  further  condition  that  said  company,  its  successors,  grantees,  les- 
sees and  assigns,  shall  be  subject  to  assessment  for  paving,  re-paving, 
planking,  re-planking  or  any  other  kind  of  improvement  of  five  (5) 
feet  in  width  of  any  of  said  streets  or  parts  of  streets  that  may  be  so 
occupied  by  its  tracks,  exclusive  of  and  on  one  side  of  its  tracks,  when- 
ever the  board  of  trustees  of  the  town  of  Lake  View,  or  other  succeed- 
ing municipal  authorities,  shall,  by  ordinance,  order  such  improvement 
to  be  made.  In  constructing  said  tracks,  turn-outs,  switches,  culverts 
and  drains,  across  or  along  streets,  and  in  repairing  the  same,  and  in 
making  any  other  improvements  required  by  this  or  any  ordinance  of 
the  town  the  said  railroad  company  shall  be  subject  to  the  direction 
and  supervision  of  the  board  of  trustees  of  the  town  of  Lake  View,  or 
their  successors  in  authority. 

If  3.  Motive  power— subject  to  ordinances— rights  reserved.] 

§ 3.  Said  company  and  its  successors  are  hereby  authorized  to  oper- 
ate said  railroad  track  with  steam  or  such  other  motive  power  as  it 
shall  deem  best;  the  privileges  hereby  granted,  however,  shall  be  en- 
joyed subject  to  all  general  ordinances  that  now  are  or  hereafter  may 
be  in  force  concerning  railroads  in  said  town.  And  the  proper  author- 
ities of  said  town  shall  have  the  right  at  any  time  to  cause  water  supply 
pipes,  gas  pipes,  and  other  necessary  public  improvements,  to  be:  laid 
through  and  across  the  route  and  right  of  way  of  said  company  at  such 
points  as  they  may  select,  without  any  proceedings  to  condemn  the 
property  of  said  company  for  such  purposes,  and  without  any  com- 
pensation to  said  company  or  damages  being  paid  therefor. 

1 4.  Extension  of  streets  — crossings.]  g 4.  The  proper 
public  authorities  shall  have  the  right  to  lay  out  and  open  any  new 
street  or  streets  across  the  route  and  right  of  way  of  said  company 
without  any  proceedings  to  condemn  the  same,  and  without  any  com- 
pensation to  said  company  or  damages  being  paid  therefor;  and  said 
company  shall  keep  the  crossings  at  such  new  streets  in  the  same  con- 
dition as  herein  provided  for  streets  now  in  existence. 

1 5.  Repair  of  tracks  and  crossings.]  § 5.  If  the  said  rail- 
road company  should  fail,  neglect,  or  refuse  to  keep  its  said  tracks  and 
right  of  way  in  the  condition  required  by  the  provisions  of  this  ordi- 
nance, or  any  general  ordinance  of  the  town  of  Lake  View,  for  twenty 
days  after  notice  to  any  agent  of  said  company  thereof,  then  such  re- 
pairs, alterations  or  improvements  as  may  be  ordered  by  the  board  of 


506 


RAILROADS. 


trustees,  may  be  made  by  the  town,  and  the  cost  thereof  recovered 
from  the  company  at  the  suit  of  the  town  in  any  court  of  competent 
jurisdiction. 

1 6.  Indemnity.]  § 6.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railroad 
company,  its  successors,  grantees,  lessees  and  assigns,  shall  and  will 
forever  indemnify  and  save  harmless  the  town  of  Lake  View  against 
and  from  any  and  all  damages,  judgments,  decrees  and  costs,  and  ex- 
penses of  the  same  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  town  by  reason  of  the  granting  of  such  privi- 
leges and  authority,  or  for  or  by  reason  of,  or  growing  out  of,  or  re- 
sulting from  the  passage  of  this  ordinance,  or  any  matter  or  thing  con- 
nected therewith,  or  with  the  exercise  by  said  company  of  the  privi- 
leges hereby  granted,  or  from  any  act  or  acts  of  the  said  company  un- 
der or  by  virtue  of  the  provisions  of  this  ordinance. 

IT  7.  Bond — conditions.]  § 7.  This  ordinance  shall  not  take  effect 
until  after  said  company  shall  have  executed  a good  and  sufficient 
bond  to  the  town  of  Lake  View,  in  the  penal  sum  of  twenty-five  thou- 
sand dollars  ($25,000),  subject  to  the  approval  of  the  supervisor  of 
said  town,  conditioned  that  the  said  company  will  observe,  perform  and 
carry  out  the  provisions  of  this  ordinance,  and  will  pay  all  damages  for 
which  said  town  may  become  liable  to  any  person  or  persons  by  reason 
of  the  said  railroad  entering  or  running  through  the  portion  of  said 
town  as  aforesaid,  or  by  reason  of  said  company  constructing,  laying 
down,  maintaining,  operating,  using  or  occupying  said  railroad  track 
or  tracks  within  said  town ; and  conditioned  also  for  the  payment  of  all 
damages  which  may  arise  to  the  town  of  Lake  View  on  account  of  any 
judgment  or  decree  against  said  town,  including  all  costs  and  expenses 
connected  with  the  same,  that  may  at  any  time  be  obtained  by  any  per- 
son or  persons  whomsoever,  by  reason  of  said  company  constructing, 
laying  down,  maintaining,  operating  or  using  said  railroad  track,  or 
occupying  said  streets  in  said  town  of  Lake  View. 

1 8.  Time  for  completion  limited.]  § 8.  The  privilege  and 
authority  hereby  granted  are  so  granted  upon  the  further  express  con- 
dition that  the  tracks  authorized  by  this  ordinance  shall  be  laid  down 
and  constructed,  and  said  railroad  shall  be  regularly  operated  by  run- 
ning daily  passenger  trains  over  the  same  within  one  year  from  the 
passage  of  this  ordinance;  and  if  not  so  constructed  and  in  operation, 
all  the  rights  and  privileges  granted  by  this  ordinance  to  such  company 
shall  cease  and  be  null  and  void. 

Note. — See  following  amendatory  ordinance. 

§ 253.  Chicago  & Evanston  Railroad  company. 

T|  1.  Amendment — route. 

\ 2.  Route. 

^ 3.  Time  limit  extended. 


§ 254] 


CHICAGO  & EVANSTON  RAILROAD  COMPANY. 


507 


An  ordinance  to  amend  an  ordinance  concerning  the  Chicago  & Evanston  Rail- 
road company,  passed  and  approved  October  3,  1881.  (Passed  and  approved 
September  18,  1882.  Accepted  October  2,  1882.) 

1"  1.  Amendment — route.]  Be  it  ordained  by  the  board  of  trus- 
tees of  the  town  of  Lake  View : § 1 . That  the  Chicago  and  Evanston 
Railroad  Company  may  commence  the  route  of  its  road  in  Southport 
avenue  on  the  south  line  of  the  town,  and  run  so  that  the  tracks  shall 
be  within  the  east  thirty  feet  of  said  avenue  and  on  a curve  by  which 
the  tracks  shall  leave  said  avenue  within  two  hundred  feet  of  the  north- 
east corner  of  Fullerton  and  Southport  avenues.  But  on  the  condition 
that  said  company  shall  improve  and  keep  in  repair  Southport  avenue 
for  a distance  of  three  hundred  feet  from  Fullerton  avenue  in  accord- 
ance with  any  order  or  ordinance  for  the  improvement  or  repair  of 
Southport  avenue. 

T 2.  Route.]  § 2.  The  said  railroad  company  may  run  in  the 
street  in  the  center  of  block  two  (2)  of  Brown’s  subdivision  of  the  west 
half  of  the  northeast  quarter  of  section  eight  (8)  in  the  town  of  Lake 
View,  which  street  has  been  laid  out  in  the  subdivisions  of  blocks  one 
and  two  of  said  subdivision  by  F.  C.  Taylor,  subject  to  the  terms  and 
conditions  of 'the  ordinance  to  which  this  is  an  amendment. 

1 3.  Time  limit  extended.]  § 3.  The  term  of  one  year  men- 
tioned in  section  eight  (8)  of  the  ordinance  hereby  amended  is  extended 
to  the  first  day  of  March,  1883. 

Note. — See  following  amendatory  ordinance. 

§ 254.  Chicago  & Evanston  Railroad  company. 

^f  1.  Amendment — route, 
f 2.  Time  limit  extended. 

If  3-  Removal  of  tracks — depots — side’  track, 
if  4.  When  in  force. 

An  ordinance  to  amend  an  ordinance  concerning  the  Chicago  & Evanston  Rail- 
road company,  passed  and  approved  September  18,  1882,  entitled  “An  ordi- 
nance to  amend  an  ordinance  concerning  the  Chicago  & Evanston  Railroad 
company,”  passed  and  approved  October  3,  1881.  (Passed  and  approved 
March  22,  1884  ) 

IT  1.  Amendment — route.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake  View:  § 1.  That  the  Chicago  and 

Evanston  Railroad  Company  may  change  the  route  of  its  road  as  de- 
scribed in  section  one  of  the  ordinance  concerning  the  Chicago  and 
Evanston  Railroad  Company,  passed  and  approved  September  18th, 
1 882,  and  may  construct  and  operate  its  road  upon  the  following  line 
described  as  follows,  to  wit: 

Commencing  at  a point  in  Fullerton  avenue  on  the  south  line 
of  the  town  of  Lake  View  not  more  than  five  hundred  (500)  feet  east 
of  the  east  line  of  Southport  avenue  in  said  town,  thence  north  over 
such  lots,  lands  and  property  as  said  Chicago  and  Evanston  Railroad 
Company  now  own  or  may  hereafter  acquire  by  lease,  purchase,  con- 
demnation or  otherwise,  to  a connection  with  said  company’s  railroad 


508 


RAILROADS. 


[§  254 


tracks,  as  now  laid  or  hereafter  to  be  laid  in  said  town,  at  some  point 
not  more  than  four  hundred  (400)  feet  north  of  the  north  line  of  Dun- 
ning street  in  said  town,  and  to  cross  all  streets  and  alleys  in  said 
route. 

T 2.  Time  limit  extended.]  § 2.  The  time  mentioned  in  sec- 
tion three  of  the  ordinance  hereby  amended  is  extended  to  the  first 
day  of  July,  A.  D.  1884,  when  and  after  which  time  said  railroad  com- 
pany shall  operate  said  railroad  as  required  by  said  original  and 
amendatory  ordinance,  by  running  regular  daily  passenger  trains 
through  the  town  of  Lake  View  and  to  a convenient  terminal  passenger 
station  in  the  city  of  Chicago,  at  least  as  far  south  as  East  Kinzie  street 
in  said  city  of  Chicago. 

T 3.  Removal  of  tracks— depots — side  track.]  § 3.  The  per- 
mission hereby  granted  is  upon  the  express  condition  that  said  rail- 
road company  shall,  within  thirty  days  of  the  passage  of  this  ordinance, 
remove  its  railroad  tracks  which  are  now  located  between  the  south 
line  of  the  town  and  the  point  north  of  the  north  line  of  Dunning 
street,  referred  to  in  section  one  of  this  ordinance,  to  the  line  author- 
ized by  said  section  one;  also  upon  the  further  express  condition  that 
prior  to  the  time  when  passenger  trains  shall  be  run  upon  said  rail- 
road, as  authorized  and  required  by  this  ordinance,  said  company  shall 
construct  and  maintain  for  the  use  of  the  public  suitable  depot  build- 
ings at  or  near  and  within  three  hundred  (300)  feet  of  the  crossing 
of  said  railroad  over  Fullerton  avenue,  Diversey  street,  Belmont  ave- 
nue and  Addison  street;  also  upon  the  further  express  condition  that 
said  company  shall  hereafter  also  construct  and  maintain  for  the  use 
of  the  public  suitable  depot  buildings  at  such  points  along  their  route 
in  the  town  of  Lake  View  north  of  their  Graceland  cemetery  station 
as  the  board  of  trustees  of  the  town  of  Lake  View,  or  their  successors 
in  authority,  may,  from  time  to  time,  determine  that  the  public  con- 
venience requires:  Provided,  however,  that  said  board  of  trustees,  or 

their  successors  in  authority,  shall  not  require  the  location  of  said  com- 
pany’s depots  within  a less  distance  than  one-half  (E>)  mile  of  each 
other.  And  upon  the  further  express  condition,  also,  that  said  com- 
pany shall  before  July  1st,  A.  D.  1884,  extend  their  side  track  at  Grace- 
land  cemetery  station  northward  to  Sulzer  street  in  said  town  of  Lake 
View,  and  if  said  company  shall  fail  or  neglect  to  comply  with  the 
requirements  of  the  conditions  expressed  in  this  section,  all  the  rights 
and  privileges  granted  to  said  company  by  this  ordinance  shall  there- 
upon cease  and  be  null  and  void. 

1 4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


509 


| 255]  CHICAGO  & EVANSTON  RAILWAY  COMPANY. 

§ 255.  Chicago  & Evanston  Railway  company. 

^ 1.  Grant — route. 

\ 2.  Street  crossings  to  be  planked — subject  to  ordinances. 

*[  3.  New  streets  opened  free. 

\ 4.  Repairs — alterations  and  improvements. 

\ 5.  Indemnity. 

1 6.  Time  for  completion. 

*f  7.  Bond — conditions. 

An  ordinance  granting  to  the  Chicago  & Evanston  Railway  company  a right  of 
way  through  the  village  of  Rogers  Park.  (Passed  and  approved  November 
30,  1881.) 

1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Rogers  Park,  Cook  county,  Illinois:  § 1. 

That  permission  and  authority  be  and  are  hereby  granted  to  the  Chi- 
cago and  Evanston  Railroad  Company  to  lay  down,  maintain  and 
operate  a single  railroad  track  or  double  tracks,  with  necessary  switches 
and  turnouts,  through  the  village  of  Rogers  Park,  in,  along  and  upon 
the  road  or  highway  called  the  Evanston  road,  being  the  road  or  street 
running  from  a point  at  or  near  the  southwest  corner  of  the  southeast 
quarter  of  section  32,  town  41,  range  14,  east  of  the  third  principal 
meridian,  northerly  to  the  north  line  of  said  village  from  its  intersec- 
tion with  the  south  line  of  said  village,  which  is  the  north  line  of  the 
town  of  Lake  View,  to  its  intersection  with  the  north  line  of  said  vil- 
lage, along  and  upon  any  portion  thereof  as  said  railway  company  shall 
elect. 

IT  2.  Street  crossings  to  be  planked — subject  to  ordinances.] 

§ 2.  The  said  company,  its  successors,  assigns  and  lessees,  are  hereby 
required  to,  and  this  grant  is  made  upon  the  express  condition  that  it 
shall  so  construct  the  crossings  of  all  streets  crossing  said  Evanston 
road  so  as  not  to  interfere  with  the  safe  and  free  use  of  same  by 
the  public,  and  keep  the  same  planked  so  that  the  surface  shall  be 
even  with  the  top  of  the  rails  for  the  full  width  of  the  highway,  and  in 
all  other  respects  shall  exercise  the  powers  and  privileges  hereby 
granted,  subject  to  all  general,  valid  ordinances  of  the  village  of  Rog- 
ers Park,  or  other  succeeding  municipality,  concerning  railroads  now 
in  force  or  that  may  hereafter  be  passed. 

In  constructing  said  tracks,  railroads  and  switches  along  and 
upon  said  highway  and  in  repairing  the  same,  said  railroad  company, 
its  successors,  assigns  or  lessees,  shall  be  subject  to  the  direction  and 
supervision  of  the  board  of  trustees  of  said  village  of  Rogers  Park,  and 
their  successors. 

1 3.  New  streets  opened  free— rights  reserved.]  § 3-  The 

proper  public  authorities  shall  have  the  right  to  lay  out  and  open  any 
new  street  or  streets  across  said  highway  without  any  proceedings 
to  condemn  any  of  the  right  of  way  hereby  granted  and  without  pay- 
ing any  compensation  or  damage  therefor,  and  said  company,  its  suc- 
cessors, assigns  or  lessees,  shall  keep  the  crossings  at  such  new  streets 
in  the  same  condition  as  herein  provided  for  streets  now  in  existence. 


510 


RAILROADS. 


[§  255 


And  the  proper  authorities  of  said  village,  or  succeeding  municipality, 
shall  have  the  right  at  any  time  to  cause  water  supply  pipes,  gas  pipes, 
sewers  and  other  necessary  public  improvements  to  be  laid  through 
and  across  the  route  and  right  of  way  of  said  company,  its  successors, 
assigns  or  lessees,  at  such  points  as  they  may  select  without  any  pro- 
ceedings to  condemn  the  property  of  said  company,  its  successors, 
assigns  or  lessees,  for  such  purposes,  and  without  any  compensation 
to  said  company,  it's  successors,  assigns  or  lessees,  or  damage  being 
paid  therefor. 

1 4.  Repairs — alterations  and  improvements.  ] § 4.  If  the 

said  railroad  company,  its  successors,  assigns  or  lessees,  should  fail, 
neglect  or  refuse  to  keep  its  said  track  and  right  of  way  in  the  condi- 
tion required  by  the  provisions  of  this  ordinance  or  the  general  ordi- 
nances of  the  village  of  Rogers  Park,  or  any  succeeding  municipality, 
for  twenty  days  after  notice  thereof  to  any  agent  of  said  company,  its 
successors,  assigns  or  lessees,  then  such  repairs,  alterations  or  im- 
provements as  may  be  deemed  necessary  may  be  made  by  said  village 
authorities,  or  succeeding  municipalities,  and  the  cost  thereof  recov- 
ered from  said  company,  its  successors,  assigns  or  lessees,  in  any  court 
of  competent  jurisdiction. 

I"  5.  Indemnity.]  § 5.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railroad 
company,  its  successors,  assigns  or  lessees,  shall  and  will  forever  in- 
demnify and  save  harmless  the  village  of  Rogers  Park,  and  municipali- 
ties succeeding,  from  any  and  all  damages,  judgments,  decrees  and 
costs  and  expenses  of  the  same  which  it  may  suffer  or  which  may  be 
recovered  or  obtained  against  said  village,  or  succeeding  municipali- 
ties, for  or  by  reason  of  the  granting  of  such  privileges  and  authority, 
or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the  passage 
of  this  ordinance  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company,  its  successors,  assigns  or  lessees,  of  the 
privileges  hereby  granted  or  from  any  act  or  acts  of  the  said  company, 
its  successors,  assigns  or  lessees,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

IT  6.  Time  for  completion.]  § 6.  The  privilege  and  author- 
ity hereby  granted  are  so  granted  upon  the  further  express  conditions 
that  the  tracks  authorized  by  this  ordinance  shall  be  laid  down  and 
constructed  upon  such  portion  of  said  highway  as  said  railroad  com- 
pany shall  elect  to  use,  and  such  railroad  shall  be  operated  by  run- 
ning passenger  trains  over  the  same  within  one  year  from,  the  passage 
of  this  ordinance.  And  if  not  so  constructed  and  in  operation  within 
the  time  specified  all  the  rights  and  privileges  granted  by  this  ordi- 
nance to  such  company,  its  successors,  assigns  or  lessees,  shall  cease 
and  be  null  and  void. 

T 7.  Bond  — conditions.]  § 7.  This  ordinance  shall  not  take 
effect  until  after  said  company  shall  have  executed  a good  and  suf- 


§*56] 


CHICAGO  & EVANSTON  RAILWAY  COMPANY. 


511 


ficient  bond  to  the  village  of  Rogers  Park,  in  the  penal  sum  of  twenty- 
five  thousand  dollars  ($25,000),  subject  to  the  approval  of  the  board 
of  trustees  of  said  village,  conditioned  that  the  said  company,  its  suc- 
cessors, assigns  or  lessees,  will  properly  observe,  perform  and  carry 
out  the  provisions  of  this  ordinance,  and  will  pay  all  damages  for 
which  the  said  village  may  become  liable,  to  any  person  or  persons, 
by  reason  of  the  railroad  entering  or  running  through  the  portion  of 
said  village  as  aforesaid,  or  by  reason  of  said  company,  its  successors, 
assigns  or  lessees,  constructing,  laying  down  or  maintaining,  operat- 
ing, using  or  occupying  said  railroad  track  or  tracks  within  said  village, 
and  conditional  also  for  the  payment  of  all  damages  which  may  arise 
to  the  village  of  Rogers  Park,  or  succeeding  municipalities,  on  ac- 
count of  any  judgment  or  decree  against  said  village  of  Rogers  Park, 
or  succeeding  municipalities,  including  all  costs  and  expenses  con- 
nected with  the  same  that  may  at  any  time  be  obtained  by  any  per- 
son or  persons  whomsoever,  by  reason  of  said  company,  its  successors, 
assigns  or  lessees,  constructing,  laying  down,  maintaining,  operating 
or  using  said  railroad  tracks  or  occupying  said  highway  in  said  vil- 
lage of  Rogers  Park. 

Note. — See  following  ordinance. 

§ 256.  Chicago  & Evanston  Railway  company. 

Tf  1.  Grant — route. 

$ 2.  Street  crossings  to  be  planked — subject  to  ordinances. 

"[[  3.  New  streets  opened  free — rights  reserved. 

11  4.  Repairs — alterations  and  improvements. 

]f  5.  Indemnity. 

T[  6.  Time  for  completion. 

<j[  7.  Acceptance — relinquishment  of  prior  rights. 

% 8.  Bond — conditions 

An  ordinance  granting  to  the  Chicago  & Evanston  Railroad  company  a right  of 
way  through  the  village  of  Rogers  Park.  (Passed  and  approved  September 
2,  1882.) 

IF  1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Rogers  Park,  county  of  Cook  and  state  of 
Illinois:  § 1.  That  permission  and  authority  be  and  are  hereby  granted 
to  the  Chicago  and  Evanston  Railroad  Company  to  lay  down,  main- 
tain and  operate  a single  railroad  track,  or  double  tracks,  with  neces- 
sary switches  and  turnouts,  through  the  village  of  Rogers  Park,  in, 
along  and  upon  the  road  or  highway  called  Southport  avenue,  being 
a street  along  the  center  of  the  northwest  quarter  of  section  thirty-two 
(32),  in  township  forty-one  (41)  north,  in  range  fourteen  (14),  east  of 
the  third  principal  meridian,  and  to  cross  all  streets  running  east  and 
west  across  the  same,  and  also  across  Evanston  avenue,  at  a point 
between  eleven  and  twelve  hundred  feet  from  the  south  line  of  said 
town,  and  at  another  point  in  section  twenty-nine  (29)  in  said  town, 
to  be  selected  by  said  company,  and  also  across  the  Indian  boundary 
line  road. 


512 


RAILROADS. 


[§  256 


IT  2.  Street  crossings  to  be  planked — subject  to  ordinances.] 

§ 2.  The  said  company,  its  successors,  assigns  or  lessees,  are  hereby 
required  to,  and  this  grant  is  made  upon  the  express  condition  that 
it  shall  so  construct  the  crossings  of  said  streets  crossing  said  South- 
port  avenue  so  as  not  to  interfere  with  the  safe  and  free  use  of  the 
same  by  the  public,  and  keep  the  same  planked,  so  that  the  surface 
will  be  even  with  the  top  of  the  rails  for  the  full  width  of  the  high- 
ways, and  in  all  other  respects  shall  exercise  the  powers  and  privileges 
hereby  granted,  subject  to  all  general  valid  ordinances  of  the  village 
of  Rogers  Park,  or  other  succeeding  municipalities,  concerning  rail- 
roads now  in  force  or  that  may  hereafter  be  passed. 

In  constructing  said  tracks,  railroads  and  switches,  upon  and 
along  said  highway,  and  in  repairing  the  same,  the  said  railroad  com- 
pany, its  successors,  assigns  or  lessees,  shall  be  subject  to  the  direction 
and  supervision  of  the  board  of  trustees  of  said  village  of  Rogers  Park 
and  their  successors. 

1 3.  New  streets  opened  free — rights  reserved.]  § 3.  The 

proper  public  authorities  shall  have  the  right  to  lay  out  and  open  any 
new  streets  across  said  highway  without  any  proceedings  to  condemn 
any  of  the  right  of  way  hereby  granted,  and  without  paying  any  com- 
pensation or  damage  therefor,  and  said  company,  its  successors,  assigns 
or  lessees,  shall  keep  the  crossings  at  such  new  streets  in  the  same 
condition  as  herein  provided  for  streets  now  in  existence,  and  the  proper 
authorities  of  said  village,  or  succeeding  municipalities,  shall  have  the 
right,  at  any  time,  to  cause  water  supply  pipes,  gas  pipes,  sewers  and 
other  necessary  public  improvements,  to  be  laid  through  and  across  the 
streets  used  by  said  company,  its  successors,  assigns  or  lessees,  at  such 
points  as  they  may  select,  without  any  proceedings  to  condemn  the 
property  of  said  company,  its  successors,  assigns  or  lessees,  for  such 
purposes  and  without  any  compensation  to  said  company,  its  succes- 
sors, assigns  or  lessees,  or  damages  being  paid  therefor. 

1 4.  Repairs — alterations  and  improvements.]  § 4.  If  the 
said  railroad  company,  its  successors,  assigns  or  lessees,  should  fail, 
neglect  or  refuse  to  keep  its  said  tracks  and  right  of  way  in  the  con- 
dition required  by  the  provisions  of  this  ordinance  or  the  general  ordi- 
nances of  the  village  of  Rogers  Park,  or  any  succeeding  municipali- 
ties, for  twenty  days  after  notice  thereof  to  any  agent  of  said  company, 
its  successors,  assigns  or  lessees,  then  such  repairs,  alterations  or  im- 
provements as  may  be  deemed  necessary  may  be  made  by  said  village, 
authorities,  or  succeeding  municipalities,  and  the  cost  thereof 
recovered  from  said  company,  its  successors,  assigns  or  lessees,  in 
any  court  of  competent  jurisdiction. 

1"  5.  Indemnity.]  § 5.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railroad 
company,  its  successors,  assigns  or  lessees,  shall  and  will  forever  in- 
demnify and  save  harmless  the  village  of  Rogers  Park,  and  succeeding 
municipalities,  from  any  and  all  damages,  judgments,  decrees  and 


§ 256]  CHICAGO  & EVANSTON  RAILWAY  COMPANY.  513 

costs  and  expense  of  the  same  which  it  may  suffer,  or  which  may  be 
recovered  or  obtained  against  said  village,  or  succeeding  municipali- 
ties, for  or  by  reason  of  the  granting  of  such  privileges  and  authority, 
or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the  pass- 
age of  this  ordinance  or  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company,  its  successors,  assigns  or  lessees,  of  the 
privileges  hereby  granted,  or  from  any  act  or  acts  of  the  said  company, 
its  successors,  assigns  or  lessees,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

IF  6.  Time  for  completion.]  § 6.  The  privileges  and  author- 
ity hereby  granted  are  so  granted  upon  the  further  express  condition 
that  t'he  tracks  authorized  by  this  ordinance  shall  be  laid  down  and 
constructed  upon  such  portion  of  said  highway  as  said  railroad  com- 
pany shall  elect  to  use,  and  such  railroad  shall  be  operated  by  run- 
ning  passenger  trains  over  the  same  within  one  year  from  the  passage 
of  this  ordinance,  and  if  not  so  constructed  and  in  operation  all  the 
rights  and  privileges  granted  by  this  ordinance  to  such  company,  its 
successors,  assigns  or  lessees,  shall  cease,  and  be  null  and  void. 

IF  7.  Acceptance — relinquishment  of  prior  rights.]  § 7.  This 
ordinance  shall  have  no  force  or  effect  until  it  shall  be  accepted  by 
said  company,  and  until  said  company  shall  relinquish  all  rights  under 
an  ordinance  on  the  same  subject  passed  November  30th,  1881. 

IF  8.  Bond  — conditions.]  § 8.  This  ordinance  shall  not  take 
effect  until  after  said  company  shall  have  executed  a good  and  suf- 
ficient bond  to  the  village  of  Rogers  Park  in  the  penal  sum  of  twenty- 
five  thousand  dollars  ($25,000),  subject  to  the  approval  of  the  board 
of  trustees  of  said  village,  conditioned  that  the  said  company,  its  suc- 
cessors, assigns  or  lessees,  will  properly  observe,  perform  and  carry 
out  the  provisions  of  this  ordinance  and  will  pay  all  damages  for  which 
the  said  village  may  become  liable,  to  any  person  or  persons,  by  reason 
of  the  railroad  entering  or  running  through  the  portion  of  said  village 
as  aforesaid,  or  by  reason  of  said  company,  its  successors,  assigns  or 
lessees,  constructing,  laying  down,  maintaining,  operating,  using  or 
occupying  said  railroad  track  or  tracks  within  said  village,  and  con- 
ditioned also  for  the  payment  of  all  damages  which  may  arise  to  the 
village  of  Rogers  Park  on  account  of  any  judgment  or  decree  against 
said  village,  or  succeeding  municipalities,  including  all  costs  and  ex- 
penses connected  with  the  same  that  may  at  any  time  be  obtained 
by  any  person  or  persons  whomsoever  by  reason  of  said  company,  its 
successors,  assigns  or  lessees,  constructing,  laying  down,  maintaining, 
operating  or  using  said  railroad  tracks  or  occupying  said  highway 
in  said  village  of  Rogers  Park. 

Note. — No  acceptance  of  this  ordinance  nor  relinquishment  of 
ordinance  of  November  30,  1881,  on  file. 


33 


514 


RAILROADS. 


[§  257 


§ 257.  Chicago  & Evanston  Railroad  company. 

1.  Grant— route — removal  of  certain  tracks. 

2.  Additional  route — bridge. 

3.  Supervision — repair  ot  streets. 

4.  Number  of  tracks  permitted — use — motive  power — trains.  . 

5.  Viaducts  where  required  by  city — cost. 

6.  Street  crossings — gates — bells — attendants. 

7.  Depression  of  tracks — conditions. 

8.  Telegraph  line. 

9.  Indemnity. 

10.  Side  tracks  to  warehouses,  etc. 

11.  Time  for  completion — forfeiture. 

12.  Grant  to  Chicago  & Lake  Superior  Railroad  company. 

13.  When  in  force. 

An  ordinance  authorizing  the  Chicago  & Evanston  Railroad  company  to  con- 
struct, maintain  and.  operate  a railroad  m tne  city  of  Chicago.  (Passed 
December  24,  1883.  Accepted  by  the  Chicago  & Evanston  Railroad  com- 
pany and  by  the  Chicago  & Lake  Superior  Railroad  company  December  26, 
1883.) 

1.  Grant — route— removal  of  certain  tracks.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  per- 

mission and  authority  be  and  the  same  is  hereby  given  and  granted  to 
the  Chicago  and  Evanston  Railroad  company  to  construct,  maintain 
and  operate  a railroad  with  one  or  more  tracks,  and  such  switches,  sid- 
ings, and  turnouts  as  said  company  may  deem  necessary,  along  and  up- 
on the  following  route  in  said  city  of  Chicago,  to  wit:  Commencing  at 
the  northern  boundary  line  of  said  city  of  Chicago,  at  some  point  within 
one  hundred  and  twenty-four  (124)  feet  west  of  the  western  boundary 
line  of  Herndon  street,  and  thence  southwardly  over  such  lots,  lands 
and  property  as  said  company  now  owns  or  may  hereafter  acquire  by 
lease,  purchase,  condemnation  or  otherwise,  in  the  east  half  of  sub- 
blocks three  (3)  and  six  (6)  of  block  twelve  (12),  and  the  east  half  of 
sub-blocks  eleven  (11)  and  ten  (10),  of  block  thirteen  (13),  and  across 
sub-block  three  (3),  of  said  block  thirteen  (13),  of  Sheffield’s  addition 
to  the  city  of  Chicago,  connecting  with  the  present  tracks  of  the  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  and  the  Chicago  and  Evanston 
Railroad  Companies  in  Hawthorne  avenue,  at  or  near  the  center  line 
of  Lewis  street.  The  permission,  authority  and  privileges  above  grant- 
ed are  upon  the  express  condition  that  said  railroad  company  shall, 
within  ninety  (90)  days  after  the  approval  of  this  ordinance  by  the 
mayor  and  its  acceptance  by  the  company,  surrender  all  claims  to  the 
use  of  Southport  avenue,  north  of  its  intersection  with  Hawthorne 
avenue,  under  any  ordinance  or  ordinances  heretofore  passed  by  the 
common  council  of  the  city  of  Chicago,  and  within  said  time  will  per- 
manently remove  all  its  present  tracks  from  Southport  avenue  from  its 
intersection  with  Hawthorne  avenue,  north  to  Fullerton  avenue:  Pro- 
vided, however,  that  said  company  shall  not  be  required  to  remove  said 
tracks  prior  to  the  first  day  of  January,  A.  D.  1884;  and  Provided  fur- 
ther, that  unavoidable  delays  by  injunction  and  inclement  weather  shall 


CHICAGO  & EVANSTON  RAILWAY  COMPANY. 


515 


§ 257] 


not  be  included  as  a part  of  said  limitation  of  time;  and  further  Pro- 
vided, that  said  company  shall  put  as  much  of  said  street  as  is  occupied 
by  said  tracks  in  as  good  order  as  the  balance  of  the  roadway. 

t 2.  Additional  route — bridge.]  § 2.  Permission  and  author- 
ity are  hereby  further  given  and  granted  to  the  Chicago  and  Evanston 
Railroad  Company  to  construct,  maintain  and  operate  a railroad  with 
one  or  more  tracks,  and  such  switches,  sidings  and  turn-outs  as  that 
company  may  deem  necessary,  along  and  upon  the  following  route  in 
the  city  of  Chicago,  to  wit:  Commencing  at  the  present  termination 

of  the  railroad  track  of  said  company  at  or  near  the  junction  of  Larra- 
bee  street  with  Hawthorne  avenue;  thence  southwardly  upon  such 
lands  as  it  may  acquire  by  purchase,  condemnation  or  otherwise,  in 
lots  five  (5)  and  six  (6)  of  block  ninety-five  (95)  of  Elston’s  addition  to 
the  city  of  Chicago,  and  within  the  east  fifty  (50)  feet  thereof;  thence 
across  Chicago  avenue  to,  along  and  upon  lots  one  (1)  to  thirteen  (13) 
inclusive,  of  block  eighty-two  (82)  of  Russell,  Mather  & Robert’s  addi- 
tion to  Chicago.  Also  across  blocks  four  (4),  five  (5)  and  twelve  (12) 
of  Higgins,  Law  & Co.’s  addition,  and  across  the  northeast  corner  of 
block  two  (2),  and  the  west  fifty  (50)  feet  of  blocks  one  (1),  four  (4), 
five  (5),  six  (6),  and  across  block  nine  (9)  of  the  assessor’s  division, 
south  of  Erie  street  and  east  of  the  Chicago  river,  to  a point  on  the 
east  bank  of  said  river,  in  block  nine  (9);  thence  across  the  Chicago 
river  by  means  of  a bridge,  and  across  West  Kinzie  street  to  a point  of 
connection  with  the  railroad  tracks  now  laid  in  Canal  street,  or  to  and 
across  such  lands  as  said  company  may  acquire  by  lease,  purchase  or 
condemnation,  in  blocks  eight  (8)  and  thirteen  (13)  of  the  original  town 
of  Chicago,  as  such  road  may  be  located  by  said  company,  but  not 
more  than  one  hundred  (100)  feet  from  the  east  line  of  said  blocks. 
Said  bridges  shall  be  constructed  in  such  a manner  as  not  to  unneces- 
sarily obstruct  navigation,  and  on  a plan  to  be  approved  by  the  com- 
missioner of  public  works  of  the  city  of  Chicago. 

3.  Supervision— repair  of  streets.]  § 3.  The  said  railroad 
company  may  cross  at  grade  any  and  all  intervening  streets  and  alleys 
along  the  line  of  said  route,  as  designated  in  the  first  and  second  sec- 
tions of  this  ordinance,  said  company  to  be  subject  at  all  times  to  the 
supervision  of  the  department  of  public  works  or  other  proper  depart- 
ment or  officer  of  said  city  in  the  construction  of  its  said  tracks  and 
road,  and  the  keeping  in  repair  of  so  much  of  said  streets,  alleys  and 
crossings  as  may  be  occupied  by  the  said  railroad  company  by  its 
tracks,  switches  and  turn-outs,  provided  the  spaces  between  said  tracks 
shall  be  brought  to  a level  with  said  streets  and  alleys  by  planking 
same,  or  paving  same  as  balance  of  street  where  practicable.  When 
the  tracks  of  the  said  railroad  company  shall  cross  or  intersect  any 
sidewalk,  it  shall  keep  the  sidewalk  in  the  spaces  between  its  tracks  in 
good  repair,  and  in  safe  condition,  and  when  new  sidewalks  are  or- 
dered at  such  crossing  or  intersections  by  the  city  council,  the  said 


516 


RAILROADS. 


company  shall  construct  the  same  as  ordered,  and  if  said  company 
shall  neglect  to  repair  such  sidewalks  or  to  construct  new  sidewalks 
when  ordered  as  aforesaid,  the  city  may  cause  such  work  to  be  done 
and  the  said  company  shall  be  liable  to  said  city  for  the  cost  of  the 
same,  and  shall  also  be  liable  for  all  damages  which  may  be  occasioned 
to  any  person  or  persons  by  reason  of  its  neglect  or  failure  to  keep  any 
sidewalk  in  repair,  as  aforesaid,  whether  said  company  shall  or  not 
have  been  notified  so  to  do. 

1 4.  Number  of  tracks  permitted — use— motive  power— trains.] 

§ 4.  The  said  railroad  company  may  and  it  is  hereby  authorized  to 
construct,  maintain  and  operate  one  or  more  railroad  tracks  with  such 
turn-outs,  side-tracks  and  switches  as  it  shall  deem  necessary,  over  and 
across  any  lands  which  it  may  acquire  upon  the  line  of  said  route  by 
purchase,  lease,  condemnation  or  otherwise;  and  the  said  company 
may  use  and  operate  all  railroad  tracks  hereby  authorized  to  be  laid 
and  heretofore  authorized  to  be  laid  in  Hawthorne  avenue  for  all  gen- 
eral business  incident  to  railroads,  by  freight,  passenger  and  other 
cars,  and  by  steam  or  other  powers. 

Provided,  however,  that  said  company  shall  not  run  over  said  track 
trains  of  more  than  thirty  cars,  and  all  regular  trains  shall  be  run  at 
least  ten  minutes  apart  and  not  oftener. 

And  provided,  further,  that  said  railroad  company  shall  be  subject 
to  all  present  and  future  general  ordinances  of  the  city  of  Chicago  in 
regard  to  railroads. 

If  5.  Viaducts  where  required  by  city — cost.]  § 5.  The 

permission,  authority  and  privileges  hereby  granted  are  Upon  the  ex- 
press condition  that  the  said  railroad  company  shall  construct  and 
maintain  such  viaducts  over  any  of  its  said  tracks,  at  any  street  or 
streets  of  said  city  which  may  be  crossed  by  its  said  tracks,  as  the  city 
council  may  require,  under  the  supervision  of  the  department  of  public  \ 
works,  or  other  proper  department  or  officer  of  said  city;  Provided,  j 
however,  that  where  any  such  viaduct  cannot  be  built  at  any  such  street  ' 
crossing  without  the  same  be  built  over  the  track  or  tracks  of  some  ‘ 
other  railroad  company  or  companies,  then  the  Chicago  and  Evanston  ; 
Railroad  Company  shall  only  be  obliged  to  join  with  such  other  last 
mentioned  railroad  company  or  companies  in  the  construction  and 
maintenance  of  such  viaduct  or  viaducts;  and  if  such  other  railroad 
company  or  companies  shall  not  join  in  the  erection  of  any  such  via- 
duct, then  when  the  proportion  of  such  other  company  or  companies 
shall  be  otherwise  provided,  the  said  Chicago  and  Evanston  Railroad 
Company  shall  pay  its  fair  proportion  of  the  cost  of  such  viaduct. 

If  6.  Street  crossings— gates — bells— attendants.]  § 6.  The 

permission  and  authority  are  upon  the  further  expressed  condition  that 
the  Chicago  and  Evanston  Railroad  Company  will,  before  its  said  line 
of  road  is  opened  for  business,  erect  and  will  forever  maintain  at  the 
crossing  of  Chicago  avenue,  Erie  and  Indiana  streets,  suitable  and  nec- 


CHICAGO  & EVANSTON  RAILWAY  COMPANY. 


517 


§ 257] 


essary  gates  and  bells  for  the  protection  of  the  public  at  each  o'f  said 
crossings,  with  necessary  attendants  in  charge  thereof  during  such 
hours  of  each  and  every  day  as  required  by  the  department  of  public 
works  or  the  city  council  of  the  city  of  Chicago;  and  said  company  will, 
in  like  manner,  erect  and  maintain  gates  or  other  appliances  for  the 
same  purpose  at  other  street  crossings,  as  it  may  be  required  by  the 
city  council. 

^ 7.  Depression  of  tracks — conditions.]  § 7.  Further  per- 

mission and  authority  are  hereby  given  the  said  Chicago  and  Evan- 
ston Railroad  Company  to  sink  all  or  any  part  of  the  tracks  authorized 
bv  this  ordinance  or  by  ordinances  heretofore  granted  authorizing  said 
company  to  la y its  tracks  in  Hawthorne  avenue,  below  the  city  or  es- 
tablished street  grade;  in  such  case  said  company  is  hereby  required, 
and  such  authority  is  hereby  granted,  upon  the  express  condition  that 
said  company  shall  construct  and  maintain  over  its  said  tracks  all  nec- 
essary bridges  and  viaducts  at  street  and  alley  crossings  as  may  be  re- 
quired, by  and  under  the  superintendence  of  the  department  of  public 
works  of  the  city  of  Chicago. 

^8.  Telegraph  line.]  §8.  Permission  and  authority  are  hereby 
further  given  to  said  Chicago  and  Evanston  Railroad  Company  to  con- 
struct, maintain  and  operate,  for  its  use  and  benefit,  along  its  line  of 
railway  in  said  city  of  Chicago,  a line  of  telegraph,  subject,  however,  to 
the  conditions  and  provisions  of  all  ordinances  of  the  city  of  Chicago 
regulating  the  manner  of  construction  of  telegraphs  or  telegraph  lines 
in  said  city. 

T 9.  Indemnity.]  § 9.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  said  company  shall 
and  will  forever  indemnify  and  save  harmless  said  city  of  Chicago 
against  and  from  any  and  all  damages,  judgments,  decrees,  costs  and 
expenses  of  the  same  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city  for  or  by  reason  of  the  granting  of  such 
privilege  and  authority,  or  for  or  by  reason  of,  or  growing  out  of,  or 
resulting  from  the  passage  of  this  ordinance,  or  from  any  act  or  acts  of 
the  said  company  under  or  by  virtue  of  the  privileges  of  this  ordinance. 

And  it  is  hereby  further  provided,  that  upon  the  recovery  of  any 
final  judgment  or  judgments,  against  said  city,  as  aforesaid,  the  said  . 
company  shall  immediately  and  without  prior  payment  of  such  judg- 
ment or  judgments  by  said  city,  be  liable  to  pay  and  shall  pay  the 
amount  or  amounts  thereof  to  said  city,  and  the  fact  that  said  city  may 
not  have  paid  such  judgment  or  judgments,  shall  constitute  no  de- 
fense on  the  part  of  said  company. 

” *i  10.  Side  tracks  to  warehouses,  etc.]  § 10.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  further  express  con- 
dition, to-wit:  that  the  said  Chicago  and  Evanston  Railroad  Company 
shall  permit  any  corporation,  individual  or  person,  duly  authorized  by 
ordinance  of  said  city,  to  construct  side  tracks  to  intersect  any  track  or 


518 


RAILROADS. 


[§  257 


tracks  of  said  railroad  company  within  the  limits  of  said  city,  for  the 
purpose  of  conveying  property  to  and  from  said  railroad  to  any  ware- 
house, lumber  yard,  coal  yard,  or  any  manufactory,  situated  within  one 
thousand  (1,000)  feet  of  said  railroad,  and,  upon  reasonable  compensa- 
tion being  made  therefor,  shall  at  all  times  permit  the  owners  or  lessees 
of  any  such  side  tracks,  or  the  consignees  of  any  property  to  take  all 
cars  containing  such  property  to  him  or  them  consigned,  to  any  such 
warehouse,  lumber  yard,  or  coal  yard,  or  manufactory,  situated  upon 
any  such  side  trade;  Provided,  however,  that  any  cars  so  taken  shall 
be  returned  without  any  unnecessary  delay,  and  that  any  such  owner, 
lessee,  or  person  constructing  and  carrying  on  any  such  warehouse, 
lumber  yard,  coal  yard,  or  manufactory,  shall  be  entitled  to  have  any 
property  taken  from  any  such  warehouse,  lumber  yard,  coal  yard,  or 
manufactory,  from  any  such  side  track,  to  and  from  the  tracks  of  said 
railroad,  under  the  directions  and  regulations  of  said  railroad  company, 
without  any  unreasonable  delay. 

IT  11.  Time  for  completion— forfeiture.]  § n.  The  privilege 

and  authority  hereby  granted  are  so  granted  upon  the  further  express 
condition  that  the  tracks  authorized  by  sections  I and  2 of  this  or- 
dinance shall  be  laid  down  and  constructed  within  two  years  from  the 
passage  of  this  ordinance,  and  if  not  so  constructed  and  in  operation, 
all  the  rights  and  privileges  granted  by  this  ordinance  to  said  company 
shall  cease  and  be  null  and  void;  Provided,  however,  that  if  said  com- 
pany shall  be  unavoidably  delayed  in  the  construction  of  its  said  road 
by  injunction  of  courts  of  competent  jurisdiction,  the  time  of  such  in- 
junction shall  not  be  considered  a part  of  the  above  limitation. 

T 12.  Grant  to  Chicago  & Lake  Superior  Railroad  Co.] 
And  be  it  further  ordained  that  all  the  rights,  privileges  and  powers 
hereinbefore  granted  to  said  Chicago  and  Evanston  Railroad  Company 
are  hereby,  and  in  like  manner,  and  subject  to  the  same  conditions  and 
restrictions,  granted  to  the  Chicago  and  Lake  Superior  Railroad  Com- 
pany, and  said  companies  may  jointly  or  severally  construct  and  oper- 
ate the  railroad  authorized  by  this  ordinance,  in  such  manner  and  upon 
such  terms  as  may  be  mutually  agreed  upon  between  said  companies. 

13.  When  in  force.]  § 13.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

Note:  See  the  following  resolutions. 

Resolutions  adopted  by  the  Chicago  & Evanston  Railroad  company  and  the 
Chicago  & Lake  Superior  Railroad  company  construing  and  accepting  the  fore- 
going ordinance  as  construed. 

Presented  to  the  cityicouncil  and  ordered  published  and’placed  on  file  Decem- 
ber 24,  1883. 

Resolution  of  the  Chicago  & Evanston  Railroad  Co.] 

Whereas,  the  city  council  of  the  city  of  Chicago  passed  an  ordinance 
on  the  10th  day  of  December,  1883,  entitled  “An  ordinance  concern- 
ing the  Chicago  and  Evanston  Railroad  Company  and  the  Chicago 


§ 257] 


CHICAGO  & EVANSTON  RAILWAY  COMPANY. 


519 


and  Lake  Superior  Railroad  Company,”  which  was  returned  by  the 
mayor  to  the  city  council  on  the  17th  day  of  December,  1883,  with 
his  objections  thereto,  and  was  then  reconsidered,  amended  and  passed 
again  by  the  city  council;  and,  whereas,  the  mayor  of  the  city  claims 
that  said  ordinance,  as  amended  and  passed,  is  before  him  for  his  ap- 
proval, or  disapproval,  and  has  expressed  a determination  to  return  the 
same  to  the  next  meeting  of  the  council  with  his  objections  to  said 
amended  ordinance,  and  the  council  may  see  proper  to  reconsider  the 
same;  and,  whereas,  a question  has  been  raised  as  to  the  liability  of  the 
city  and  of  the  said  Chicago  and  Evanston  Railroad  Company  for  dam- 
ages that  may  be  suffered  by  reason  of  the  exercise  of  the  permission 
given  in  section  7,  to  sink  all  or  any  part  of  the  tracks  below  the  city 
or  established  street  grade,  and  also  as  to  the  construction  and  effect 
of  section  12. 

Therefore,  for  the  purpose  of  removing  all  doubts,  and  preventing 
any  disapproval  of  said  ordinance  by  the  mayor,  or  a refusal  by  the 
city  council  to  pass  the  ordinance,  notwithstanding  the  objection  of 
the  mayor,  in  case  he  shall  disapprove  the  same. 

Resolved,  That  the  Chicago  and  Evanston  Railroad  Company  con- 
strues and  interprets  section  9 of  said  ordinance,  passed  on  the  17th  day 
of  December,  1883,  as  including  all  damages  that  may  be  caused  by 
the  sinking  of  railroad  tracks,  under  the  permission  and  authority  of 
section  7,  and  also  construes  and  interprets  section  12,  not  as  authoriz- 
ing the  Chicago  and  Lake  Superior  Railroad  Company  to  lay  down 
any  greater  number  of  tracks  than  could  be  constructed  by  the  Chi- 
cago and  Evanston  Railroad  Company  under  the  ordinance,  if  the 
Chicago  and  Lake  Superior  Railroad  Company  were  not  mentioned, 
but  merely  as  granting  the  privilege  to  that  company  to  construct  and 
use  the  same  tracks  authorized  to  be  laid  or  used  by  the  Chicago 
and  Evanston  Railroad  Company,  by  virtue  of  this  ordinance,  and  this 
company  hereby  agrees  that  no  more  than  two  main  tracks  shall  be 
laid  in  and  along  Hawthorne  avenue. 

Resolved,  That  the  Chicago  and  Evanston  Railroad  Company 
hereby  accepts  said  ordinance,  construed  as  aforesaid, 

State  of  Illinois,  ) 

County  of  Cook,  >■  ss. 

City  of  Chicago.  ) 

I,  T.  W.  Wadsworth,  secretary  of  the  Chicago  and  Evanston  Rail- 
road Company,  hereby  certify  that  the  foregoing  preamble  and  reso- 
lutions were  adopted  by  the  board  of  directors  of  said  company  at  the 
meeting  held  on  the  24th  day  of  December,  1883. 

Witness  the  seal  of  said  company  hereto  affixed  on  the 
(L.  S.)  dav  and  vear  aforesaid. 

T.  W.  WADSWORTH.  Secretary. 

Resolution  of  the  Chicago  & Lake  Superior  Railroad  Co.] 

Whereas,  The  city  council  of  the  city  of  Chicago  passed  an  ordinance 


520 


RAILROADS. 


[§  257 


on  the  ioth  day  of  December,  1883,  entitled  “An  ordinance  concerning 
the  Chicago  and  Evanston  Railroad  Company,  and  the  Chicago  and 
Lake  Superior  Railroad  Company,”  which  was  returned  by  the  mayor 
to  the  city  council  on  December  17,  1883,  with  his  objections  thereto, 
and  was  then  reconsidered,  amended  and  passed  again  by  the  city  coun- 
cil; and,  whereas,  the  mayor  of  the  city  claims  that  said  ordinance,  as 
amended  and  passed,  is  before  him  for  his  approval  or  disapproval, 
and  has  expressed  determination  to  return  the  same  to  the  next  meet- 
ing of  the  council,  with  his  objections  to  said  amended  ordinance,  and 
the  council  may  see  proper  to  reconsider  the  same. 

And  Whereas,  A question  has  been  raised  as  to  the  liability  of  the 
city  and  of  the  said  Chicago  and  Evanston  Railroad  Company,  for 
damages  that  may  be  suffered  by  reason  of  the  exercise  of  the  permis- 
sion given  in  section  7 to  sink  all  or  any  part  of  the  tracks  below  the 
city  or  established  street  grade,  and  also  as  to  the  construction  and 
effect  of  section  12; 

Therefore,  For  the  purpose  of  removing  all  doubt  and  preventing 
a disapproval  of  said  ordinance  by  the  mayor,  or  refusal  by  the  city 
council  to  pass  the  ordinance,  notwithstanding  the  objections  of  the 
mayor,  in  case  he  shall  disapprove  the  same, 

Resolved,  That  the  Chicago  and  Lake  Superior  Railroad  Company 
construes  and  interprets  section  9 of  this  ordinance,  passed  on  the  17th 
day  of  December,  1883,  as  including  all  damages  that  may  be  caused 
by  the  sinking  of  railroad  tracks,  under  the  permission  and  authority 
of  section  7,  and  also  construes  and  interprets  section  12,  not  as  author- 
izing the  Chicago  and  Lake  Superior  Railroad  Company  to  lay  down 
any  greater  number  of  tracks  than  could  be  constructed  by  the  Chi- 
cago and  Evanston  Railroad  Company  under  the  ordinance,  if  the  Chi- 
cago and  Lake  Superior  Railroad  Company  were  not  mentioned,  but 
merely  as  granting  the  privilege  to  this  company  to  construct  and  use 
the  same  tracks  authorized  to  be  laid  or  used  by  the  Chicago  and 
Evanston  Railroad  Company,  by  virtue  of  this  ordinance.  And  this 
company  hereby  agrees  that  no  more  than  two  main  tracks  shall  be 
laid  in  and  along  Hawthorne  avenue. 

Resolved,  That  the  Chicago  and  Lake  Superior  Railroad  Company 
hereby  accepts  said  ordinance,  construed  as  aforesaid. 

State  of  Illinois, 

County  of  Cook, 

City  of  Chicago. 

I,  T.  W.  Wadsworth,  secretary  of  the  Chicago  and  Lake  Superior 
Railroad  Company,  hereby  certify  that  the  foregoing  preamble  and  res- 
olutions were  adopted  by  the  board  of  directors  of  said  company,  at  a 
meeting  held  on  the  24th  day  of  December,  1883. 

Witness  the  seal  of  said  company  hereto  affixed,  on  the 
(L.  S.)  dav  and  vear  aforesaid. 

T.  W.  WADSWORTH,  Secretary. 


§§  25^>  259]  CHICAGO  & EVANSTON  RAILROAD  COMPANY. 


521 


§ 258.  Chicago  & Evanston  Railroad  company. 

If  1.  Verona  street  depot. 

2.  Rights  reserved. 

3.  When  in  force. 

An  ordinance  authorizing  the  Chicago  & Evanston  Railroad  company  to  use  and 
occupy  a portion  of  Stella  street,  at  the  corner  of  Verona  street,  for  a pas- 
senger depot  building  and  platforms  in  the  town  of  Lake  View.  (Passed 
and  approved  October  19,  1885.) 

1"  1.  Verona  street  depot.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake  View:  § 1.  That  permission  and  author- 
ity are  hereby  granted  to  the  Chicago  and  Evanston  Railroad  Com- 
pany, to  erect,  construct  and  complete,  and  to  use  and  maintain  a 
depot  building  for  passenger  purposes,  and  platforms  not  more  than 
eighteen  feet  in  width  with  necessary  privileges,  in  Stella  street,  in  the 
town  of  Lake  View,  Cook  county,  Illinois,  east  and  alongside  of  its 
railroad  tracks  to  a distance  not  exceeding  one  hundred  and  twenty-two 
feet  north  of  the  east  corner  of  Verona  street. 

2.  Rights  reserved.]  § 2.  That  in  granting  the  authority 
and  permission  aforesaid,  the  town  of  Lake  View  reserves  its  chartered 
rights  to  control  said  street  and  regulate  the  occupation  and  use  thereof 
as  a public  highway. 

% 3.  When  in  force.]  § 3.  That  this  ordinance  shall  be  in 
force  from  and  after  its  passage. 

§ 259.  Chicago  & Evanston  Railroad  company. 

Tf  1.  Graceland  cemetery  depot. 

1[  2.  Rights  reserved. 

3.  When  in  force. 

An  ordinance  authorizing  the  Chicago  & Evanston  Railroad  company  to  use  and 
occupy  a portion  of  Stella  street  lying  opposite  the  present  depot  of  the 
Graceland  Cemetery  company  on  the  line  of  said  railroad  for  a passenger 
depot  building  and  platforms  in  the  city  of  Lake  View.  (Passed  and 
approved  April  18,  1887.) 

1 1.  Graceland  cemetery  depot.]  Be  it  ordained  by  the  board 
of  trustees,  acting  as  city  council  of  the  city  of  Lake  View:  § 1.  That 
permission  and  authority  are  hereby  granted  to  the  Chicago  and  Evans- 
ton Railroad  Company  to  erect,  construct,  Complete,  use  and  main- 
tain a depot  building  for  passenger  purposes,  with  necessary  platforms, 
awnings  and  other  necessary  privileges  on  that  part  of  Stella  street  in 
the  said  city  of  Lake  View  described  as  follows,  to-wit:  A strip  of  land 
one  hundred  and  fifty  (150)  feet  in  length  and  ten  (10)  feet  in  width, 
commencing  at  a point  eleven  hundred  (1,100)  feet  south  of  the  south 
line  of  Sulzer  street,  and  running  thence  south  the  said  distance  of 
one  hundred  and  fifty  (150)  feet  the  east  line  of  which  strip  shall  coin- 
cide with  the  east  line  of  Stella  street. 

Provided,  the  right  to  remove  or  order  the  removal  of  any  and  all 
platforms  placed  in  said  street,  within  said  strip  of  ground  by  said  com- 
pany fs  hereby  reserved. 


522 


RAILROADS. 


[§  260 


T 2.  Rights  reserved.]  § 2.  That  in  granting  the  authority 
and  permission  aforesaid  the  city  of  Lake  View  reserves  its  chartered 
rights  to  control  said  street  and  regulate  the  occupation  and  use  therof 
as  a public  highway  and  for  any  underground  improvements  which  it 
may  deem  necessary  to  place  therein. 

f 3.  When  in  force.]  § 3.  That  this  ordinance  shall  be  in 
force  and  take  effect  from  and  after  its  passage. 


CHICAGO,  EVANSTON  & LAKE  SUPERIOR  RAILROAD 

COMPANY. 

§ 260.  Chicago,  Evanston  & Lake  Superior  Railroad  company. 

% 1.  Grant — switch  track  in  Melrose  street. 

2.  Supervision — construction. 

\ 3.  Repair  of  crossing. 

If  4.  Rignts  reserved — subject  to  repeal. 

An  ordinance  concerning  the  Chicago,  Evanston  & Lake  Superior  Railroad  com- 
pany. (Passed  December  19,  1887.  Approved  December  23.  1&87.) 

If  1.  Grant — switch  track  in  Melrose  street.]  Be  it  ordained 
by  the  city  council  of  the  city  oi  Lake  View:  § 1.  That  permission 
and  authority  be  and  the  same  are  hereby  granted  the  Chicago,  Evans- 
ton and  Lake  Superior  Railroad  Company,  to  lay  down,  construct, 
maintain  and  operate  a railroad  track  or  switch  from  the  tracks  of  the 
said  company,  on  and  across  Melrose  street,  in  the  city  of  Lake  View, 
the  east  line  of  which  track  shall  be  on  a line  parallel  with  and  twenty- 
four  (24)  feet  west  of  the  east  line  of  lot  forty-five  (45)  of  Altgeld’s  sub- 
division of  that  part  east  of  the  Chicago,  Evanston  and  Lake  Superior 
Railroad,  of  west  of  Racine  avenue  of  the  east  half  of  the  southwest 
quarter  of  section  twenty  (20)  township  forty  (40)  north,  range  14  east 
of  the  third  principal  meridian. 

If  2.  Supervision  — construction.]  § 2.  The  said  track  shall 
be  laid  down  and  maintained  under  the  direction  and  supervision  of  the 
commissioner  of  public  works  of  this  city  and  shall  not  be  elevated  in 
said  street  above  the  surface  thereof,  and  shall  be  laid  with  modern  im- 
proved rails  in  such  manner  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  the  same  at  all  points  and  in  all  directions  with- 
out obstruction. 

If  3.  Repair  of  crossing.  ] § 3.  The  said  company  as  to  the 

part  of  the  said  street  upon  which  its  said  track  may  be  laid  shall  keep 
eight  feet  in  width  in  good  condition  and  repair  during  all  the  time  to 
which  the  privilege  hereby  granted  shall  extend,  in  accordance  with 
whatever  order,  ordinance  or  regulation  may  be  passed  or  adopted  by 


§ 26l]  CHICAGO,  EVANSTON  & LAKE  SUPERIOR  RAILROAD  COMPANY.  523 

the  city  council  of  the  city  of  Lake  View  in  relation  to  such  repair,  and 
if  the  said  company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done 
by  the  city  and  the  company  shall  be  liable  to  the  city  for  the  cost 
thereof. 

*[  4.  Rights  reserved— subject  to  repeal.]  § 4-  The  privi- 
leges hereby  granted  shall  be  subject  to  all  ordinances  concerning  rail- 
roads or  which  may  hereafter  be  passed,  and  upon  the  express  further 
condition  that  the  city  council  may  at  any  time  repeal  this  ordinance. 

§ 261.  Chicago,  Evanston  & Lake  Superior  Railroad  company. 

1.  Grant — switch  track  in  Melrose  street. 

*['  2.  Supervision — construction. 

*[  3.  Repair  of  crossing. 

\ 4.  Rights  reserved — subject  to  repeal. 

An  ordinance  concerning  the  Chicago,  Evanston  & Lake  Superior  Railroad  com- 
pany. (Passed  March  5,  1888.  Approved  March  10,  1888.) 

If  1.  Grant — switch  track  in  Melrose  street.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Lake  View:  § 1.  That  permission 
and  authority  are  hereby  granted  to  the  Chicago,  Evanston  an<^  Lake 
Superior  Railroad  Company  to  lay  down,  maintain  and  operate  a side 
track  in  that  portion  of  Melrose  street  in  the  city  of  Lake  View, 
bounded  on  the  east  by  the  west  line  of  the  right  of  way  of  said  com- 
pany, and  on  the  west  by  a line  commencing  at  a point  in  the  south 
line  of  Melrose  street,  fifteen  feet  west  of  the  west  line  of  said  right  of 
way,  and  running  thence  northeasterly  to  a point  in  said  right  of  way 
ten  (10)  feet  south  of  the  north  line  of  Melrose  street. 

U 2.  Supervision — construction.]  § 2.  The  said  track  shall 

be  laid  down  and  maintained  under  the  direction  and  supervision  of  the 
commissioner  of  public  works  of  this  city,  and  shall  not  be  elevated  in 
said  street  above  the  surface  thereof,  and  shall  be  laid  with  modern  im- 
proved rails  in  such  manner  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  the  same  at  all  points  and  in  all  directions  without  ob- 
struction. 

• 3.  Repair  of  crossing.]  § 3.  The  said  company  as  to  the 
part  of  the  said  street  upon  which  its  said  track  may  be  laid,  shall  keep 
eight  feet  in  width  in  good  condition  and  repair  during  all  the  time  to 
which  the  privileges  hereby  granted  shall  extend,  in  accordance  with 
whatever  order,  ordinance  or  regulation  may  be  passed  or  adopted 
by  the  city  council  of  the  city  of  Lake  View  in  relation  to  such  repair; 
and  if  the  said  company  shall  refuse  or  fail  so  to  do,  the  same  may  be 
done  by  the  city  and  the  company  shall  be  liable  to  the  city  for  the  cost 
thereof. 

f 4.  Rights  reserved— subject  to  repeal.]  § 4.  The  privi- 
leges hereby  granted  shall  be  subject  to  all  ordinances  concerning 
railroads,  or  which  may  hereafter  be  passed,  and  upon  the  express 
further  condition  that  the  city  council  may  at  any  time  repeal  this  or- 
dinance. 


524  RAILROADS.  [§  262 

§ 262.  Chicago,  Evanston  & Lake  Superior  Railroad  company. 

1.  Grant — route — extending  line, 
y 2.  Grades. 

1 3.  Motive  power. 

\ 4.  Conditions — indemnity. 

5.  Subject  to  general  ordinances. 

An  ordinance  authorizing  the  Chicago,  Evanston  & Lake  Superior  Railway  com- 
pany to  extend  its  track  across  Michigan  street  and  alley  in  block  eight. 

(Passed  November  14,  1892.) 

1 1.  Grant— route — extending  line.]  Be  it  ordained  by  the 

city  council  of  the  city  of  Chicago:  § i.  That  permission  and  author- 
ity be  and  the  same  is  hereby  given  to’  the  Chicago,  Evanston  and 
Lake  Superior  Railway  Company  to  extend  its  four  tracks  from  the 
north  line  of  Michigan  street,  block  seven  of  the  Kingsbury  tract,  across 
said  Michigan  street,  on  the  west  one  hundred  and  fifty  feet  thereof, 
and  immediately  east  of  Kingsbury  street,  to  and  across  block  eight  of 
said  Kingsbury  street,  and  the  alley  running  east  and  west  between 
Michigan  and  Kinzie  streets;  said  tracks  to  be  located  as  shown  upon 
tracing  hereto  attached;  said  ordinance  being  granted  for  the  purpose 
of  enabling  said  company  to  extend  its  tracks  to  a passenger  station 
to  be  erected  on  the  northeast  corner  of  Kinzie  and  Kingsbury  streets, 
in  the  city  of  Chicago. 

If  2.  Grades.]  § 2.  Said  Chicago,  Evanston  and  Lake  Su- 
perior Railway  Company  in  the  construction  of  said  tracks  shall  con- 
form to  all  grades  in  the  streets  to  be  so  traversed  by  said  railway  as 
they  now  exist,  or  which  may  be  hereafter  adopted  by  the  city  of  Chi- 
cago. 

Tf  3.  Motive  power.]  § 3.  Said  Chicago.  Evanston  and  Lake 
Superior  Railway  Company  is  hereby  authorized  to  operate  its  trains 
upon  said  tracks  with  steam  power. 

If  4.  Conditions — indemnity.]  § 4.  Said  ordinance  is  granted 

upon  the' express  condition  that  said  railway  company  shall  save,  pro- 
tect and  indemnify  the  city  of  Chicago  against  all  damages  resulting 
from  the  extension  of  said  tracks  and  the  operation  of  cars  thereon. 
And,  upon  the  further  condition  that  the  east  sixteen  feet  of  the  north 
one  hundred  feet  of  block  8 in  Kingsbury  tract  shall  be  dedicated  as  a 
public  alley. 

Tf  5.  Subject  to  general  ordinances,]  § 5.  The  franchises 
and  privileges  herein  granted  are  subject  to  all  general  ordinances  of 
the  city  of  Chicago  now  in  force  affecting  railways  and  their  operation 
and,  also,  subject  to  all  general  ordinances  that  may  hereafter  be  en- 
acted by  said  city  relative  to  railroad  companies. 


§ 263]  CHICAGO  & NORTHERN  PACIFIC  RAILROAD  COMPANY.  525 

CHICAGO  & NORTHERN  PACIFIC  RAILROAD  COMPANY. 

§ 263.  Chicago  & Northern  Pacific  Railroad  company. 

1.  Taylor  street  viaduct — replacement  in  five  years — cost, 
y 2.  Fourteenth  street  bridge — viaduct, 
y 3.  Ogden  avenue  viaduct. 

\ 4.  Vacation  of  streets  and  alleys, 
y 5.  Prior  ordinances  re-enforced — fare. 

\ 6.  Acceptance  a release  from  further  obligations. 

7.  When  in  force — effect  of  acceptance. 

An  ordinance  providing  for  the  erection  of  viaducts  over  the  tracks  of  the 

Chicago  & Northern  Pacific  Railroad  company  at  Taylor  street,  Fourteenth 

street  bridge  and  Ogden  avenue,  and  the  vacation  of  certain  streets. 

(Passed  July  20,  1891.  Accepted  September  14,  1891.) 

f 1,  Taylor  street  viaduct— replacement  in  five  years— cost.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That  a 
viaduct  shall  be  erected  on  Taylor  street  over  the  tracks  of  the  Chicago 
and  Northern  Pacific  Railroad  Company  between  the  east  bank  of 
the  Chicago  river  and  the  west  line  of  Fifth  avenue,  with  a connection 
with  the  present  approach  to  Polk  street  viaduct,  in  accordance  with 
plan  filed  in  the  office  of  the  commissioner  of  public  works,  June  15th, 
1891,  and  with  detailed  plans  and  specifications  to  be  approved  by  the 
commissioner  of  public  works,  said  viaduct  and  connection  to  be  of 
wood  and  iron,  and  to  be  replaced  within  five  years  from  the  date  of 
the  passage  of  this  ordinance  by  a structure  of  stone  and  iron,  in  ac- 
cordance with  plans  and  specifications  to  be  approved  by  the  com- 
missioner of  public  works:  Provided,  however,  that  said  Chicago  & 
Northern  Pacific  Railroad  Company  will  give  an  easement  in  perpetuity 
over  its  land  for  the  purpose  of  constructing  and  maintaining  said 
viaduct  and  connection,  and  will  pay  the  cost  of  constructing  said  via- 
duct and  connection  and  said  new  or  replaced  viaduct  and  connection 
upon  warrants  drawn  by  the  commissioner  of  public  works  as  the  work 
progresses. 

1 2.  Fourteenth  street  bridge-  viaduct.]  § 2.  That  a viaduct 
shall  be  erected  from  the  west  abutment  of  the  proposed  Fourteenth 
street  bridge  to  the  center  line  of  Dodge  street,  in  accordance  with 
plans  and  specifications  filed  in  the  office  of  the  commissioner  of  public 
works  June  15th,  1891;  Provided,  however,  that  the  Chicago  & North- 
ern Pacific  Railroad  Company  will  give  an  easement  in  perpetuity  over 
its  land  for  the  construction  and  maintenance  of  said  viaduct  and  will 
pay  the  cost  of  constructing  said  viaduct  upon  warrants  drawn  by  the 
commissioner  of  public  works  as  the  work  progresses,  said  viaduct  in- 
cluding the  pier  thereunder  at  the  west  side  of  the  Chicago  river. 

1 3.  Ogden  avenue  viaduct.]  § 3.  That  the  amount  to  be 
paid  by  the  Chicago  & Northern  Pacific  Railroad  Company  toward  the 
cost  of  constructing  the  Ogden  avenue  viaduct  is  hereby  adjusted  at 
the  sum  of  forty  thousand  dollars  ($40,000),  to  be  paid  by  said  railroad 
company  upon  warrants  drawn  by  the  commissioner  of  public  works 


526 


RAILROADS.  • 


[§  263a 


as  the  work  progresses;  and  said  Chicago  & Northern  Pacific  Railroad 
Company  is  hereby  directed  and  will  by  accepting  this  ordinance  agree 
to  save  and  keep  harmless  the  city  of  Chicago  from  all  damages  result- 
ing from  the  construction  of  the  east  approach  of  said  Ogden  avenue 
viaduct. 

T 4,  Vacation  of  streets  and  alleys.]  § 4.  That  the  streets 
and  alleys  in  that  part  of  the  canal  addition  to  the  city  of  Chicago  lying 
east  of  the  west  line  of  Dodge  street,  north  of  the  south  line  of  Four- 
teenth street,  south  of  the  south  line  of  Twelfth  street  and  west  of  the 
Chicago  river,  be  and  the  same  are  hereby  vacated. 

1 5.  Prior  ordinances  re-enforced — fare.]  § 5.  That  the  ob- 
ligations imposed  upon  and  the  privileges  granted  to  said  Chicago  & 
Northern  Pacific  Railroad  Company  as  the  successor  of  the  Chicago 
& Great  Western  Railroad  Company  (formerly  known  as  the  La  Salle 
& Chicago  Railroad  Company),  by  an  ordinance  entitled  “An  ordi- 
nance concerning  the  La  Salle  & Chicago  Railroad  Company,’’  passed 
May  13th,  1872,  and  the  ordinance  amendatory  thereof,  passed  May 
nth,  1885,  are  hereby  declared  to  be  in  full  force  and  effect  to  the 
southern  limits  of  the  city  of  Chicago  as  they  now  exist,  but  upon  the 
same  provisions  and  conditions  as  are  contained  in  the  said  ordinance 
as  amended  as  aforesaid  as  if  they  were  inserted  herein;  Provided, 
however,  that  said  Chicago  & Northern  Pacific  Railroad  Company  shall 
not  charge  more  than  a five  (5)  cent  fare  upon  suburban  trains  between 
Harrison  street  depot  and  the  city  limits  at  95th  street  and  all  inter- 
mediate stations,  tickets  for  said  fare  to  be  purchased  in  packages  of 
not  less  than  twenty-five  (25). 

IT  6.  Acceptance  a release  from  further  obligations.]  § 6. 

That,  upon  the  acceptance  of  this  ordinance  and  the  performance  of 
the  obligations  herein  and  by  such  acceptance  imposed  upon  it,  the  said 
Chicago  & Northern  Pacific  Railroad  Company  shall  be  relieved  from 
all  further  obligations  in  reference  to  viaducts  and  approaches  thereto 
at  Taylor  street,  Ogden  avenue  and  Fourteenth  street. 

T 7.  When  in  force — effect  of  acceptance.]  § 7.  That  this 
ordinance  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  acceptance  by  said  Chicago  & Northern  Pacific  Railroad  Com- 
pany: Provided,  however,  that  the  acceptance  of  this  ordinance  by  said 
railroad  company  shall  be  considered  and  is  hereby  declared  to  be  a 
contract  on  the  part  of  said  Chicago  & Northern  Pacific  Railroad  Com- 
pany to  perform  the  obligations  herein  imposed  upon  it  and  the  per- 
formance of  said  obligations  by  said  Chicago  & Northern  Pacific  Rail- 
road Company  is  hereby  declared  to  be  the  consideration  for  the  rights, 
privileges  and  property  herein  conferred  upon  said  railroad  company. 

Note. — See  following  amendatory  ordinance. 

§ 263a.  Chicago  & Northern  Pacific  Railroad  company. 

% 1.  Amending  section  five  of  foregoing  ordinance. 

If  2.  When  in  force. 


§ § 264,  265]  CHICAGO  & NORTHERN  RAILROAD  COMPANY.  527 

An  ordinance  to  amend  section  five  of  an  ordinance  relating  to  the  adjustment  of 
Taylor  street  viaduct  and  other  matters  passed  July  20,  A.  D.  1891.  (Passed 
September  14,  1891.) 

1 1.  Amending  section  five  of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That  section 
five  of  an  ordinance  relating  to  Taylor  street  viaduct  and  other  matters, 
passed  July  20th,  A.  D.  1891,  be  and  the  same  is  hereby  amended  by 
striking  out  in  the  proviso  at  the  close  of  section  five  the  words:  “The 
city  limits  at  95th  street,”  and  by  inserting  in  lieu  thereof  the  words, 
“47th  street/’ 

% 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 

g 264.  Chicago  & Northern  Pacific  Railroad  company. 

*[[  1.  Grant — location.  , 

*|[  2.  When  in  force. 

An  ordinance  authorizing  the  Chicago  & Northern  Pacific  Railroad  company  to 
consiruct  and  maintain  a station  and  platform  in  a certain  alley.  (Passed 
April  11,  1892.) 

1 1.  Grant — location.]  Be  it  ordained  by  the  city  council  of 

the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the 
same  are  hereby  granted  to  the  Chicago  & Northern  Pacific  Railroad 
Company,  its  grantees,  lessees,  successors  and  assigns,  to  construct  and 
maintain  a railway  station  and  platform  in  the  north  five  and  one-half 
(5 Yi)  feet  of  that  portion  of  the  alley  next  north  of  and  parallel  with 
Fillmore  street,  lying  between  the  east  line  of  St.  Louis  avenue  and 
the  west  line  of  Homan  avenue. 

1 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 


CHICAGO  & NORTHERN  RAILROAD  COMPANY. 

(Galena  & Chicago  Union  Railroad  company,  Chicago  & Milwaukee  Railroad 

company. ) 

§ 265.  Chicago  & Northern  Railroad  company. 

1.  Grant — route — carriage  ways — speed. 

1[  2.  Temporary  track — Fulton  street — removal. 

If  3.  Track  on  North  Water  street,  etc. 

If  4.  Bridge  over  north  branch. 

An  ordinance  concerning  the  Galena  & Chicago  Union  railroad.  (Passed  July 

17.  1848.) 

If  1.  Grant— route— carriage  ways— speed.]  Be  it  ordained  by 
the  common  council  of  the  city  of  Chicago:  § 1.  That  permission  be 


528 


RAILROADS. 


[§  265 


and  is  hereby  granted  to  the  Galena  and  Chicago  Union  Railroad  Com- 
pany to  introduce  their  road  into  the  city  on  the  line  of  Kinzie  street, 
commencing  at  the  west  bounds  of  the  city  and  extending  to  the  north 
branch  of  the  Chicago  river,  and  to  occupy  so  much  of  said  street  as 
may  be  necessary  for  the  purpose  of  constructing,  maintaining,  using 
and  occupying  a single  or  double  railroad  track  through  said  street, 
with  such  turnouts,  turn  tables  and  branches  extending  to  adjoining 
lands  as  may  be  deemed  necessary  to  the  successful  use  and  occupation 
of  said  road;  Provided,  the  space  occupied  by  said  road,  except  when 
turnouts,  turn  tables  and  branches  occur,  does  not  exceed  twenty-two 
feet  in  width  of  the  center  of  said  street;  And  provided,  said  work  be 
so  constructed  that  carriages  may  pass  along  either  side  of  said  road, 
and  may  conveniently  cross  the  same;  And  provided,  also,  the  common 
council  reserve  to  itself  the  right  to  regulate  running  of  locomotives  on 
said  road  within  the  limits  of  the  city. 

t 2.  Temporary  track— Fulton  street— removal.]  § 2.  Said 

company  may  also  construct  and  use  a temporary  track  or  branch 
from  Kinzie  street  to  Fulton  street,  and  occupy  such  portion  of  Fulton 
street  and  the  streets  between  Kinzie  and  Fulton  streets,  as  may  be 
necessary  for  that  purpose,  and  terminate  the  same  at  or  near  the  junc- 
tion of  Fulton  street  with  the  north  branch  of  the  Chicago  river;  Pro- 
vided, that  sufficient  room  be  left  for  the  free  passage  of  carriages  along 
said  streets,  and  convenient  crossings  be  made  where  the  said  track 
crosses  the  line  of  streets;  And  provided,  also,  that  said  company 
bind  itself  to  remove  said  temporary  track  when  the  common  council 
shall  so  direct. 

1 3.  Track  on  North  Water  street,  etc.]  § 3.  Said  com- 
pany may  lay  down,  maintain,  use  and  occupy  a single  or  double  rail- 
road track,  with  suitable  turnouts  and  turn  tables,  on  the  most  suit- 
able route  from  Kinzie  street,  at  or  near  the  north  branch  of  the  Chi- 
cago river,  to  the  proposed  new  street,  or  proposed  new  location  of 
North  Water  street,  proposed  to  be  established  about  where  the  alley 
between  Kinzie  and  North  Water  street  now  is,  and  may  extend  the 
same  along  said  proposed  new  street  when  laid  out  to  Wolcott  street; 
or  if  said  new  street  shall  be  extended  through  block  two  in  Kinzie’s 
addition  to  North  Water  street,  may  extend  said  single  or  double  track, 
if  they  shall  elect  to  do  so,  on  said  new  street  when  extended  to  North 
Water  street,  and  thence  along  North  Water  street  part  of  the  way,N  or 
all  of  the  way,  to  the  east  limits  of  the  city;  or  said  company  may  oc- 
cupy the  alley  through  block  two  in  Kinzie’s  addition,  from  Wolcott 
to  Kinzie  street,  with  their  railroad  track  as  aforesaid,  and  extend  it 
thence  along 'Kinzie  street  to  North  Water  street,  and  thence  across  or 
along  said  North  Water  street  all  of  the  way  or  part  of  the  way  to  the 
east  limits  of  the  city  as  aforesaid;  Provided,  however,  that  the  said  rail- 
road track  or  tracks  shall  be  located  in  said  streets  in  such  manner  as 
the  common  council  may  hereafter  direct. 


§§  266,  267]  CHICAGO  & MILWAUKEE  RAILROAD  COMPANY. 


529 


4,  Bridge  over  north  branch.]  § 4.  Said  company  may 
construct  a railroad  drawbridge  over  the  north  branch  of  the  Chicago 
river,  on  or  near  the  line  of  Kinzie  street,  or  the  street  about  to  be  laid 
out  between  Kinzie  and  North  Water  streets. 


CHICAGO  & MILWAUKEE  RAILROAD  COMPANY. 

§ 266.  Chicago  & Milwaukee  Railroad  company. 

Tf  1.  Grant — part  of  Jefferson  and  West  Kinzie  street. 

An  ordinance  concerning  the  Chicago  & Milwaukee  Railroad  company.  (Passed 

February  2,  1857.) 

U 1.  Grant— part  of  Jefferson  and  West  Kinzie  streets.]  Be 

it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1.  That 
the  Chicago  and  Milwaukee  Railroad  Company  be  and  the  same  is 
hereby  authorized  to  lay  down  and  maintain  the  track  for  its  railroad, 
with  all  necessary  side  tracks  and  switches  through  and  along  so  much 
of  Jefferson  and  West  Kinzie  streets  as  shall  be  necessary  to  connect 
the  track  of  said  railroad  with  the  track  of  the  Galena  and  Chicago 
Union  Railroad  on  West  Kinzie  street. 

§ 267.  Chicago  & Milwaukee  Railroad  company. 

J 1.  Grant — part  of  Jefferson  and  West  Kinzie  streets. 

][  2.  Street  improvements. 

An  ordinance  to  authorize  the  Chicago  & Milwaukee  Railroad  company  to  lay 
down  a track  for  its  railroad  in  Jefferson  and  West  Kinzie  streets.  (Passed 
April  20,  1857.) 

r 1.  Grant— part'of  Jefferson  and  West  Kinzie  streets.]  Be 

it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1.  That 
the  Chicago  and  Milwaukee  Railroad  Company  is  hereby  authorized 
and  empowered  to  lay  down,  use  and  maintain  the  track  of  its  railroad 
through  so  much  of  Jefferson  street  and  West  Kinzie  street  as  shall 
be  necessary  to  connect  the  track  of  the  railroad  of  said  company  with 
the  track  of  the  Galena  and  Chicago  Union  Railroad  on  West  Kinzie 
street;  said  track  to  be  laid  down  and  used  by  said  company  and  its 
agents  as  not  unnecessarily  to  interfere  with  the  public  use  of  said 
streets,  and  the  location  of  said  track  and  switches  to  be  fixed  by  the 
agents  of  said  company  under  the  direction  of  the  city  superintendent, 
and  said  road  to  be  kept  in  repair  at  the  expense  of  said  company,  and 
the  grades  to  be  altered  when  directed  by  the  common  council  or  city 
superintendent. 

If  2.  Street  improvements.]  § 2.  In  consideration  of  the  right 
granted  to  it  by  the  foregoing  section,  said  company  shall  fill  said  street 

34 


530 


RAILROADS. 


[§  268 


up  to  grade  with  gravel,  or  other  suitable  material,  and  shall  also  plank 
or  pave  said  street  when  required  so  to  do  by  order  of  the  common 
council. 

§ 268.  Chicago  & Milwaukee  Railroad  company. 

*[[  1.  Street  vacations — conditions. 

\ 2.  Alley  vacated — condition. 

*['  3.  City’s  title  to  vacated  streets  conveyed  to  railroads. 

\ 4.  Non-user — title  to  revert  to  city. 

An  ordinance  to  vacate  parts  of  First  and  Second  streets  and  an  alley  intersecting 
said  streets.  (Passed  August  13,  i860.) 

If  1.  Street  vacations — conditions.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § 1.  That  so  much  of  First 
street  as  extends  eastwardly  from  Halsted  street  to  Union  street,  and 
between  blocks  seventy-eight  (78) -and  seventy-nine  (79)  in  Russell, 
Mather  and  Roberts’  addition  to  the  city  of  Chicago,  and  also  so  much 
of  Second  street  as  extends  eastwardly  from  Halsted  to  Union  street, 
and  between  blocks  seventy-seven  (77)  and  seventy-eight  (78)  in  Rus- 
sell, Mather  and  Roberts’  addition  to  the  city  of  Chicago,  be  and  the 
same  ar£  hereby  vacated  and  discontinued,  so  long  as  they  may  be 
used  for  railroad  purposes  and  no  longer. 

If  2.  Alley  vacated — condition.]  § 2.  That  so  much  of  the  alley 
as  extends  south  from  Chicago  avenue  to  Third  street,  and  intersecting  ' 
blocks  seventy-nine  (79),  seventy-eight  (78)  and  seventy-seven  (77)  in 
Russell,  Mather  and  Roberts’  addition  to  the  city  of  Chicago,  be  and  : 
the  same  hereby  is  declared  vacated  and  discontinued,  so  long  as  it 
may  be  used  for  railroad  purposes  and  no  longer. 

If  3.  City’s  title  to  vacated  streets  conveyed  to  railroads.] 

§ 3.  The  mayor  and  comptroller  shall  execute  and  deliver,  on  behalf 
of  the  city,  such  proper  release  or  releases,  conveyance  or  convey- 
ances, as  may  be  necessary,  of  the  city’s  right,  title  and  interest  in  said 
vacated  and  discontinued  streets  and  alleys,  to  the  Chicago  and  North- 
western Railway  Company,  and  to  the  Chicago  and  Milwaukee  Rail- 
road Company,  and  each  of  said  companies,  as  follows:  To  the  Chi- 
cago and  Northwestern  Railway  Company  all  that  part  of  said  First 
street  which  lies  west  of  the  east  line  of  the  alley  through  said  blocks 
seventy-nine  and  seventy-eight,  and  the  south  half  of  that  part  of  First 
street  which  lies  between  the  west  line  of  Union  street  and  the  east 
line  of  said  alley,  through  said  blocks  seventy-eight  and  seventy-nine; 
also  as  much  of  Second  street  as  lies  between  the  west  line  of  Union 
street  and  a line  drawn  from  a point  on  the  north  line  of  lot  one  (1).  in 
block  seventy-seven  (77),  one  hundred  and  eight  (108)  feet  west  of  the 
northeast  earner  of  said  block  seventy-seven  (77),  to  a point  on  the 
south  line  of  lot  eight  (8),  in  block  seventy-eight  (78),  one  hundred 
and  seventy  feet  west  of  the  southeast  corner  of  said  lot  eight  (8);  also 
all  of  the  alley  through  said  block  seventy-eight  (78),  except  that  part 
which  lies  between  the  north  line  of  Second  street  and  a line  drawn 


§ 269] 


CHICAGO  & NORTHWESTERN  RAILROAD  COMPANY. 


531 


from  a point  on  the  east  line  of  lot  fifteen  (15)  in  said  block  seventy- 
eight  (78),  sixty  (60)  feet  north  from  the  southeast  corner  of  lot  sixteen 
(16)  in  said  block,  measured  011  the  west  line  of  said  alley,  to  a point  on 
the  west  line  of  lot  eight  (8)  in  said  block  seventy-eight  (78),  thirty-one 
and  a half  feet  north  of  the  southwest  corner  of  said  lot  eight  (8).  And 
to  the  Chicago  and  Milwaukee  Railroad  Company,  the  north  half  of 
said  First  street,  between  the  west  line  of  Union  street  and  east  line  of 
the  alley  through  said  blocks  seventy-eight  (78)  and  seventy-nine  (79) ; 
the  whole  of  the  alley  through  said  block  seventy-nine  (79) ; the  whole 
of  said  alley  through  block  seventy-seven  (77);  so  much  of  the  alley 
through  block  seventy-eight  (78)  as  lies  south  of  a line  drawn  from 
a point  on  the  east  line  of  lot  fifteen  (15)  in  block  seventy-eight  (78), 
sixty  feet  north  of  the  southeast  corner  of  lot  sixteen  (16)  in  said  block 
seventy-eight  (78),  to  a point  on  the  west  line  of  lot  eight  (8)  in  said 
block  seventy-eight  (78),  thirty-one  and  a half  (31/4)  feet  north  of  the 
southwest  corner  of  said  lot  eight  (8)  in  said  block  seventy-eight  (78) ; 
also  so  much  of  Second  street  as  lies  between  Halsted  street  and  a 
line  drawn  from  a point  on  the  north  line  of  lot  one  (1),  in  block  sev- 
enty-seven (77),  one  hundred  and  eight  (108)  feet  west  of  the  north- 
east corner  of  said  block  seventy-seven  (77),  to  a point  on  the  south' 
line  of  lot  eight  in  block  seventy-eight  (78),  one  hundred  and  seventy 
(170)  feet  west  of  the  southeast  corner  of  said  lot  eight.  And  in  each 
of  which  deeds,  releases,  conveyances,  or  other  instruments,  this  ordi- 
nance shall  be  fully  recited. 

f 4.  Non-user— title  to  revert  to  city.]  § 4.  The  said  First 
street,  the  said  Second  street,  and  the  said  alley,  or  so  much  of  the 
same  as  herein  vacated  and  released  to  the  before  named  railroad  com- 
panies, shall  immediately  revert  to  the  city  of  Chicago  when  the  said 
railroad  companies  shall  cease  to  use  the  streets  and  allies  vacated  and 
released  herein  for  railroad  purposes,  and  all  rights  and  title  there- 
unto shall  again  become  vested  in  the  city  of  Chicago,  as  before  the 
passage  of  this  ordinance:  Provided,  that  no  streets  or  alleys  shall 

be  vacated  except  where  the  railroad  companies  own  upon  both  sides 
thereof. 


CHICAGO  & NORTHWESTERN  RAILROAD  COMPANY. 

§ 269.  Chicago  & Northwestern  Railroad  company. 

IF  1.  Streets  vacated — conditions. 

, if  2.  City’s  title  to  vacated  streets  conveyed“to  railroad, 
if  3.  Non-user,  etc. — title  to  revert  to  city. 

14.  Surrender  of  land  to  city  in  case  dock  line  established. 


RAILROADS. 


532 


[§  269 


An  ordinance  to  vacate  streets  and  alleys  in  the  west  division.  (Passed  October 

2i,  1861.) 

T 1.  Streets  vacated— conditions.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § I.  That  so  much  of  Fourth 

street  as  lies  between  the  east  line  of  Desplaines  street  and  the  west 
line  of  Jefferson  street;  also  so  much  of  Jefferson  street  as  lies  between 
the  north  line  of  West  Indiana  street  and  the  north  line  of  Fourth 
street;  also  so  much  of  Water  street  as  lies  between  the  south  line  of 
Indiana  street  and  the  north  line  of  Cook  street,  and  from  the  north 
line  of  Indiana  street  to  Jefferson  street;  also  the  alley  running  north 
from  Indiana  street  to  the  north  branch  of  the  Chicago  river  between 
Desplaines  street  and  Jefferson  street;  also  the  alley  between  lots  sev- 
enteen (17)  and  eighteen  (18),  and  lots  seven  (7)  and  eight  (8)  in  Wau-  | 
bansia  addition;  also  the  alley  running  east  and  west,  north  and  ad-  j 
joining  lot  eleven  (11)  in  block  sixty-one  (61)  in  Russell,  Mather  and  j 
Roberts’  addition  to  Chicago,  be  and  the  same  are  hereby  vacated  and 
discontinued;  Provided,  however,  that  such  vacation  and  discon- 
tinuance shall  continue  only  so  long  as  they  may  be  used  for  railroad 
depot  purposes  and  no  longer;  Provided,  further,  that  the  city  au- 
thorities shall  have  the  right  to  enter  upon  any  or  such  portions  of  said 
streets  and  alleys  as  they  shall  deem  necessary  for  the  purpose  of  lay- 
ing down  or  repairing  water  pipes  or  sewers  or  either. 

1 2.  City’s  title  to  vacated  streets  conveyed  to  railroad.] 

§ 2.  That  the  mayor  and  comptroller  shall  execute  and  deliver  in  be-  , 
half  of  the  city,  such  proper  conveyance  as  may  be  necessary  to  con- 
vey to  the  Chicago  and  Northwestern  Railroad  Company  so  much  of 
the  right  and  title  of  said  city  to  said  streets  and  alleys  hereby  vacated, 
as  is  contemplated  by  the  provisions  of  this  ordinance,  and  subject  to 
all  the  conditions  in  this  ordinance  prescribed. 

T 3.  Non-user,  etc. — title  to  revert  to  city.]  § 3.  That  if 

the  said  Chicago  and  North  Western  Railroad  Company  shall  at  any  1 
time  cease  to  use  for  railroad  depot  purposes  the  streets  and  alleys  that 
are  hereby  vacated,  or  if  said  railroad  company  shall  at  any  time  here- 
after refuse  or  neglect  to  immediately  pay  over  to  said  city  of  Chicago 
any  and  all  amount  of  moneys  it  may  be  judicially  determined  that 
said  city  should  pay  as  damages  or  costs,  by  reason  of  the  property  of 
any  person  or  persons  being  damaged  by  reason  of  the  vacation  and 
discontinuance  of  such  streets  and  alleys,  then  such  streets  and  alleys 
shall  immediately  revert  to  the  said  city  of  Chicago  as  before  the  pas- 
sage of  this  ordinance,  and  any  deed  or  conveyance  given  by  virtue 
hereof  shall  in  such  event  become  immediately  null  and  void. 

T 4.  Surrender  of  land  to  city  in  case  dock  line  established.] 

§ 4.  If  the  authorities  of  the  said  city  of  Chicago  shall  at  any  time 
hereafter  establish  a dock  line  on  the  west  bank  of  the  north  branch  i 
of  the  Chicago  river,  which  shall  necessitate  the  taking  or  cutting 


GALENA  & CHICAGO  UNION  RAILROAD  COMPANY. 


533 


§ 270] 


away  of  any  portion  of  the  streets  and  alleys  hereby  vacated,  said  rail- 
road company  shall  thereupon  cease  to  use,  and  shall  surrender  to 
said  city  such  portion  or  portions  of  such  streets  and  alleys  without 
charge  or  cost  to  said  city,  and  said  railroad  company  shall  not  be 
entitled  to  receive  damages  for  the  portion  of  streets  or  alleys  so  tak- 
en or  cut  away.  Any  neglect  on  the  part  of  said  railroad  company  to 
comply  with  the  provisions  of  this  section,  shall  forfeit  all  right  of  said 
company  to  occupy  or  longer  use  the  streets  and  alleys  herein  vacated. 


GALENA  & CHICAGO  UNION  RAILROAD  COMPANY. 

§ 270.  Galena  & Chicago  Union  Railroad  company, 
y 1.  Ratifying  contract  relative  to  bridge  across  river. 

2.  Grades  established. 

\ 3.  Vacation  of  streets  and  alleys. 

\ 4.  When  in  force. 

An  ordinance  approving  a certain  contract  with  the  Galena  & Chicago  Union 
Railroad  company.  (Passed  July  n,  1864.) 

* 1.  Ratifying  contract  relative  to  bridge  across  river.]  Be 

it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1.  That 
the  contract  made  and  executed  by  and  between  the  Galena  and  Chi- 
cago Union  Railroad  Company,  party  of  the  first  part,  and  the  city  of 
Chicago,  through  the  board  of  public  works,  party  of  the  second  part, 
bearing  date  the  thirtieth  day  of  May,  A.  D.  1864,  in  relation  to  the 
construction  of  a bridge  across  the  Chicago  river,  on  the  line  of  State 
street  in  the  south  division,  and  Wolcott  street  in  the  north  division, 
a copy  of  which  is  hereto  appended,  be  and  the  same  hereby  is  in  all 
respects  approved,  ratified  and  confirmed. 

2.  Grades  established.]  § 2.  That  pursuant  to  the  terms 
of  said  contract,  the  grade  of  Wolcott  street  between  the  Chicago  river 
and  a point  ten  feet  north  of  the  corner  line  of  the  track  of  the  Galena 
and  Chicago  Union  Railroad  Company,  entering  the  east  door  of  the 
more  northerly  brick  freight  house  of  said  company,  near  the  corner 
of  Wolcott  and  (new)  North  Water  streets,  be  and  the  same  is  hereby 
permanently  established  at  seven  feet  above  the  base  line  of  the  city 
level  hertofore  established;  and  that  the  grade  of  (new)  North  Water 
street  at  its  intersection  with  Wolcott  street,  be  and  the  same  is  hereby 
permanently  established  at  seven  feet  above  the  base  line  of  the  city 
level,  and  the  grade  of  said  (new)  North  Water  street  shall  ascend  east 
and  west  from  Wolcott  street  at  the  rate  of  one  foot  rise  to  one  hun- 
dred feet  in  horizontal  distance,  until  such  inclined  grade  shall  inter- 
sect and  connect  with  the  general  grade  of  said  (new)  North  Water 


534 


RAILROADS. 


[§  270 


street,  as  now  or  as  it  may  be  hereafter  established.  The  grades  here- 
by established  shall  never  be  changed  without  the  consent  of  the  said 
Galena  and  Chicago  Union  Railroad  Company. 

1 3.  Vacation  of  streets  and  alleys.]  § 3.  That  a portion 
of  the  alley  running  through  block  two  (2)  in  Kinzie’s  addition  to  Chi- 
cago, beginning  at  its  intersection  with  Wolcott  street,  and  running 
thence  northeasterly  to  the  southwest  corner  of  lot  one  (1)  in  said 
block  two  (2),  and  all  that  portion  of  (old)  North  Water  street,  situated 
in  Kinzie’s  addition  to  Chicago,  lying  west  of  the  west  line  of  Wolcott 
street  produced  to  the  Chicago  river,  be  and  the  same  are  discontinued 
and  vacated;  Provided,  that  a new  alley  shall  be  laid  out  and  opened 
by  the  Galena  and  Chicago  Union  Railroad  Company,  from  the  re- 
maining portion  of  the  alley  above  referred  to,  into  North  Water  street 
along  the  easterly  side  of  lot  eleven  (11)  in  block  two  (2)  of  Kinzie’s 
addition  to  Chicago,  without  charge  or  expense  to  said  city,  said  alley 
to  be  eighteen  feet  wide 

1”  4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
from  and  after  its  passage. 

Contract  referred  to  in  foregoing  ordinance. 

This  indenture,  made  this  thirtieth  day  of  May,  A.  D.  1864,  by  and  be- 
tween the  Galena  and  Chicago  Union  Railroad  Company,  party  of  the  first 
part,  and  the  city  of  Chicago,  party  of  the  second  part,  witnesseth: 

That,  whereas,  the  said  city  of  Chicago  proposes  to  erect  and  maintain 
a pivot  or  draw-bridge  across  the  Chicago  river,  on  or  near  the  line  of  State 
street  in  the  south  division  and  Wolcott  street  in  the  north  division  of  said 
city,  the  approach  to  which  proposed  bridge  from  the  north  will  cross  water 
lots  one  (1),  two  (2)  and  three  (3)  in  Kinzie’s  addition  to  the  city  of  Chicago, 
or  parts  of  them,  which  water  lots  are  owned  by  the  said  party  of  the  first 
part; 

And,  whereas,  by  virtue  of  a certain  ordinance  of  the  city  of  Chicago, 
passed  July  17th,  1848,  the  said  party  of  the  first  part  has  heretofore  laid  and 
constructed,  and  has  been  and  is  now  using  and  operating  railroad  tracks, 
in  connection  with  its  railroad,  upon  and  across  Wolcott  street,  between 
Kinzie  street  and  the  Chicago  river; 

And,  whereas,  it  is  believed  that  the  public  interests  and  convenience, 
as  well  as  those  of  the  Galena  and  Chicago  Union  Railroad  Company,  would 
be  promoted  by  carrying  the  approach-way  to  the  proposed  bridge  on  the 
north  side,  over  the  railroad  tracks  of  said  company,  in  the  form  of  a via- 
duct, instead  of  raising  and  filling  Wolcott  street  from  Kinzie  street  to  the 
river  up  to  the  necessary  grade: 

And,  whereas,  the  said  party  of  the  first  part  is  willing  to  grant,  convey 
and  confirm  unto  the  said  party  of  the  second  part  so  much  and  such  por-  ' 
tions  of  the  said  water  lots  one  (1),  two  (2)  and  three  (3)  in  Kinzie’s  addition 
to  Chicago,  as  is  required  for  the  extension  of  Wolcott  street,  through,  sixty- 
six  feet  in  width,  to  the  Chicago  river,  in  return  for  and  in  consideration  of 
the  rights,  privileges  and  benefits  hereinafter  secured  by  the  said  party  of 
the  second  part  to  the  said  party  of  the  first  part. 

Now,  therefore,  the  said  party  of  the  first  part,  in  consideration  of  the 
construction  and  maintenance  of  said  bridge  and  viaduct,  and  of  other  val- 
uable considerations  in  this  agreement  hereinafter  contained,  to  be  kept  and 
performed  by  said  party  of  the  second  part,  and  upon  the  conditions  herein- 
after specified,  does  hereby  grant,  convey  and  confirm  unto  the  said  party 


GALENA  & CHICAGO  UNION  RAILROAD  COMPANY. 


535 


§ 2 7°] 


of  the  second  part,  all  that  portion  of  water  lots  one  (1),  two  (2)  and  three  (3) 
in  Kinzie’s  addition  to  Chicago,  in  the  county  of  Cook,  and  state  of  Illinois, 
which  is  embraced  or  included  within  the  east  and  west  lines  of  Wolcott 
street,  in  said  city  of  Chicago,  produced  and  extended  southerly  to  the  main 
Chicago  river;  the  said  party  of  the  second  part  and  its  successors,  forever, 
to  thereafter  have  and  hold  the  same,  for  the  purposes  of  a public  street, 
but  subject  to  the  stipulations  and  conditions  hereinafter  mentioned. 

And  in  consideration  of  the  above  agreement  to  grant  and  convey  as 
aforesaid,  the  said  party  of  the  second  part  hereby  stipulates  and  agrees  to 
and  with  the  said  party  of  the  first  part,  that  whenever  the  proposed  bridge 
shall  be  erected  across  the  Chicago  river  at  the  point  above  indicated,  it 
shall  be  constructed  in  accordance  with  the  plan  and  profile  prepared  for 
that  purpose  by  the  board  of  public  works  of  the  city  of  Chicago,  and  ap- 
pended hereto,  and  when  displaced  by  accident,  or  because  worn  out  and 
requiring  to  be  repaired  or  built  anew,  it  shall  be  renewed  or  reconstructed 
without  unnecessary  delay  in  accordance  with  the  same  plan  and  profile, 
unless  the  parties  hereto  mutually  agree  otherwise,  a general  description  of 
which  plan  and  profile  is  as  follows: 

The  said  bridge  shall  be  one  hundred  and  eighty-four  (184)  feet  long, 
revolving  on  a pivot  at  the  center,  having  two  openings  for  vessels,  each 
seventy-four  (74)  feet  wide  in  the  clear.  The  said  central  pivot  shall  be 
fixed  at  a point  in  the  river  about  one  hundred  and  twenty-one  (121)  feet 
from  that  point  in  the  northerly  line  of  the  river  which  is  intersected  by 
the  center  line  of  said  bridge.  The  top  of  the  floor  of  said  bridge  shall  be 
twenty-one  feet  and  three  inches  above  the  base  line  of  the  city  level 
heretofore  established.  The  northerly  approach-way  to  said  bridge  shall  be 
carried  over  the  tracks  of  said  railroad  company  on  Wolcott  street,  in  the 
form  of  a viaduct,  on  such  a grade  line  that  the  under  side  of  the  three- 
inch  oak  plank  floor  of  the  said  viaduct  shall  be  twenty-one  (21)  feet  above 
the  base  line  of  the  said  city  level,  to  the  end  that  the  roadway  over  the  bridge 
and  the  viaduct  shall  be  level,  and  that  the  locomotives  and  cars  of  the  said 
railroad  company  may  always  have  free  and  uninterrupted  passage  to  and 
fro  along  the  said  tracks  beneath  said  viaduct,  and,  to  establish  this  definite- 
ly, it  is  hereby  expressly  agreed  that  the  grade  of  Wolcott  street,  under  the 
proposed  viaduct,  for  the  entire  distance  occupied  by  the  tracks  of  said  com- 
pany. and  of  North  Water  street  at  its  intersection  with  Wolcott  street, 
shall  be,  and  is  hereby,  established  at  seven  feet  above  the  base  line  of  said 
city  level,  and  the  grade  of  North  Water  street,  east  and  west  of  Wolcott 
street,  shall  ascend  from  Wolcott  street  at  the  rate  of  one  (1)  foot  rise  to 
one  hundred  (100)  feet  horizontal  distance,  until  such  inclined  grade  shall 
intersect  and  connect  with  the  established  grade  of  said  Nbrth  Water  street; 
and  the  grade  of  Wolcott  street,  where  occupied  by  the  tracks  of  said  com- 
pany as  above,  and  of  North  Water  street,  within  the  limits  above  specified, 
shall  never  be  changed  or  modified,  except  by  the  mutual  consent  of  both 
parties  to  this  indenture. 

The  said  viaduct  is  to  be  sustained  at  proper  intervals  by  piers  con- 
structed of  stone,  or  a double  row  of  piles,  well  capped  and  cased  in  with 
two-inch  oak  plank,  and  is  to  extend  from  the  north  end  of  said  bridge  to  a 
point  ten  (10)  feet  north  of  the  center  line  of  the  track  entering  the  east  door 
of  the  more  northerly  brick  freight  house  of  said  railroad  company,  near  the 
corner  of  Wolcott  street  and  (new)  North  Water  street,  w’here  it  is  to  rest  on 
an  abutment  pier,  to  be  constructed  of  stone  or  a double  row  of  piles  extend- 
ing across  the  said  viaduct  thirty-eight  (38)  feet  wide;  from  thence  the  ap- 
proach-way will  descend  at  the  same  width  by  such  a grade  as  may  be 
proper  to  Kinzie  street.  From  the  said  abutment  to  the  south  line  of  Kin- 
zie  street  this  approach-way  is  to  be  constructed,  for  the  present,  of  piles  and 
timber,  with  a roadway  twenty-three  feet  and  four  inches  wide,  to  be  cov- 
ered with  three-inch  oak  plank,  and  with  a sidewalk  on  ea‘ch  side  of  the 
roadway,  and  raised  eight  inches  above  it,  seven  feet  and  four  inches  wide, 


536 


RAILROADS. 


[§  2 7° 


to  be  covered  with  two-inch  oak  plank.  But  nothing  herein  contained  shall 
be  so  constructed  as  to  prevent  the  widening  of  this  approach-way  to  the 
said  viaduct,  and  the  widening  of  said  viaduct  to  the  extent  of  the  entire 
width  of  Wolcott  street,  or  to  prevent  the  raising  and  filling  of  Wolcott 
street,  from  the  northerly  abutment  of  said  viaduct  to  Kinzie  street,  to  such 
grade  as  will  furnish  to  the  public  easy  and  convenient  access  to  said  via- 
duct and  bridge.  , _ . TT  • ~ 

It  is  further  mutually  agreed,  that  the  said  Galena  and  Chicago  Union 
Railroad  Company  shall  have  the  right  to  construct  and  maintain,  at  its 
own  expense,  and  for  its  own  accommodations  and  convenience,  a passage- 
way for  teams  and  foot  passengers  from  the  said  viaduct,  and  connecting 
therewith  on  the  westerly  side  thereof,  to  such  point  south  of  the  south 
warehouse  of  said  company  as  may  be  agreeable  to  said  company,  and  in 
case  the  alley  now  used  by  said  company,  running  along  the  northerly  side 
of  its  north  warehouse  across  lots  five  (5),  six  (6),  seven  (7)  and  eight  (8), 
in  block  one  (1),  in  the  original  town  of  Chicago,  should  be  hereafter  ex- 
tended easterly  to  Wolcott  street,  through  lot  or  block  one  (1),  in  Kmzie’s 
addition  to  Chicago,  the  said  company  shall  also  have  the  right  to  construct 
and  maintain,  at  its  own  expense,  another  passage-way  for  teams  and  foot 
passengers  from  the  approach-way  to  the  said  viaduct,  and  connecting  there- 
with to  the  said  alley;  Provided,  that  these  passage-ways  and  the  use  of  the 
same  shall  at  no  time  be  permitted  to  cause  any  obstruction  or  unneces- 
sary interruption,  delay  to  the  public  travel  across  the  said  bridge  and  via- 
duct or  approach  thereto.  A . , . ,.  . 

And  the  said  party  of  the  second  part  further  agrees  to  take  immediate 
steps  to  vacate  a portion  of  the  alley  running  through  block  two  (2)  in  Kin- 
zie’s  addition  to  Chicago,  the  portion  to  be  vacated  being  described  as  fol- 

Beginning  at  its  intersection  with  Wolcott  street  and  running  thence 
northeasterly  to  the  southwest  corner  of  lot  one  (1)  in  said  block  two  (2); 
and  in  consideration  thereof,  the  said  party  of  the  first  part  hereby  cove- 
nants and  agrees,  to  and  with  the  said  party  of  the  second  part,  that  imme- 
diately after  the  vacating  of  the  above  described  portion  of  the  aforesaid 
alley  'it  will  cause  to  be  laid  out,  opened  and  dedicated  to  the  public  use, 
without  expense  or  cost  to  the  city  of  Chicago,  a free  passage-way  from  the 
remaining  part  of  said  alley  into  North  Water  street,  along  the  easterly 
side  of  lot  eleven  (11)  in  block  two  (2)  aforesaid,  said  passage-way  to  be 

eighteen  feet  wide.  , _ . . , 

The  said  party  of  the  second  part,  further  agrees  to  take  immediate  steps 
to  vacate  all  that  portion  of  (old)  North  Water  street  situated  in  Kinzie’s 
addition  to  Chicago,  and  lying  west  of  the  west  line  of  Wolcott  street  pro- 
duced to  the  Chicago  river.  _ . - .. 

It  is  further  mutually  covenanted  and  agreed,  that  the  said  party  of  the 
second  part  shall  never  grant  to  any  other  party  the  right  to  use  or  occupy 
any  portion  of  the  premises  hereinbefore  conveyed  by  said  party  of  the  first 
mirt  to  said  party  of  the  second  part  for  the  extension  of  Wolcott  street 
to  the  river,  wihout  the  consent  of  the  said  party  of  the  first  part;  nor  shall 
the  said  party  of  the  first  part  be  hereafter  excluded  from  such  restricted  use 
of  the  said  granted  premises  as  may  be  compatible  with  the  full  exercise  and 
enjoyment  by  the  said  city  of  Chicago  and  the  public  at  large  of  all  the 
paramount  rights,  privileges  and  facilities  which  are  by  the  foregoing  terms 
of  this  instrument,  vested  in  or  secured  to  the  said  party  of  the  second  part. 

or  intended  so  to  be.  A.  . A . ... 

And  the  said  party  of  the  second  part  further  stipulates  and  agrees,  that 
the  said  railroad  company  shall  at  all  times  hereafter  have  the  right  un- 
interruptedly, to  stand,  move  or  propel  its  locomotives  and  cars  along  North 
Water  street  and  across  Wolcott  street,  beneath  the  said  proposed  viaduct, 
any  past  present  or  future  ordinance  of  the  city  to  the  contrary  notwith- 
standing; Provided,  however,  that  no  locomotive  when  in  active  service,  shall 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


§ 271] 


537 


stop  or  stand  directly  under  the  said  viaduct,  and  further,  that  so  much  of 
inew)  North  Water  street  at  this  point  shall  be  left  open  and  unobserved 
as  to  allow  always  a free  passage  for  teams  through  and  along  the  same. 

And  the  said  party  of  the  first  part,  in  consideration  of  the  foregoing 
stipulations  and  agreements  to  be  observed  and  performed  by  said  party  of 
the  second  part,  further  covenants  and  agrees,  to  and  with  the  said  party 
of  the  second  part,  that  it,  the  said  party  of  the  first  part,  will  contribute 
and  pay  to  the  said  party  of  the  second  part,  the  sum  of  fifteen  hundred 
dollars  towards  the  construction  of  the  said  bridge  and  viaduct;  such  pay- 
ment to  be  made  whenever  demanded  by  said  party  of  the  second  part,  after 
the  final  execution  and  ratification  of  this  contract,  and  at  any  time  after 
commencing  to  build  said  bridge.  And  further,  that  the  said  party  of  the 
first  part  shall  and  will,  annually  hereafter,  as  long  as  said  bridge,  viaduct 
and  approach-way  are  maintained,  on  the  first  day  of  April  in  each  and  every 
year,  contribute  and  pay  to  the  said  city  of  Chicago,  the  sum  of  four  hundred 
dollars  towards  maintaining  the  said  viaduct,  and  renewing  and  keeping  the 
same  in  repair— said  annual  payments  to  commence  on  the  first  day  of  April 
next  succeeding  the  opening  of  the  bridge  and  viaduct  to  public  use;  aud 
the  first  payment  to  be  computed  for  such  fractional  part  of  the  year  as 
may  intervene  between  such  opening  and  such  first  day  of  April,  at  said  rate 
of  four  hundred  dollars  per  annum. 

It  is  further  mutually  agreed  by  the  parties  hereto,  that  this  contract 
shall  take  effect  and  become  binding  and  obligatory  upon  both  parties,  as 
soon  as  the  same  shall  be  duly  ratified  and  confirmed  by  the  common  council 
of  the  city  of  Chicago,  such  ratification  and  confirmation  to  be  evidenced  by 
the  passage  of  an  ordinance  prepared  by  the  board  of  public  works,  and 
hereby  declared  to  be  a part  of  this  agreement,  and  providing  as  follows, 
to  wit;  (Here  follows  a copy  of  the  ordinance  printed  ante.) 

In  testimony  whereof,  the  party  of  the  first  part  have  caused  this  con- 
tract to  be  signed  by  its  president  and  secretary,  and  affixed  the  seal  of  the 
said  company;  and  the  said  party  of  the  second  part,  through  the  board  of 
public  works,  have  also  executed  the  same,  and  caused  to  be  affixed  hereto 
the  signatures  of  the  commissioners  of  said  board. 

Attest:  W.  M.  LARRABEE,  Secretary. 

[Seal.] 

W.  H.  BROWN,  President. 

J.  B.  GINDEBE, 

FRED.  BETZ. 

O.  J.  ROSE, 

Board  of  Public  Works. 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 

§ 271.  Chicago  & Northwestern  Railway  company. 

If 1.  Agreement  relative  to  sewers. 

-Agreement  in  relation  to  sewerage.  (Approved  July  iq,  1869.) 

* 1.  Agreement  relative  to  sewers.]  This  agreement,  made 
this  30th  day  of  June,  A.  D.  1869,  between  the  Chicago  and  North- 
western Railway  Company  of  the  first  part,  and  the  city  of  Chicago, 
party  of  the  second  part,  Witnesseth;  That,  whereas,  said  railway 


538 


RAILROADS. 


[§  272 


company  is  the  owner  of  the  lands  lying  between  the  east  terminus  of 
Mitchell  street  in  said  city,  and  the  south  branch  of  the  Chicago  river, 
and  said  city  proposes  to  construct  a sewer  through  said  lands  corm 
municating  with  said  river. 

Now,  therefore,  said  railway  company  in  consideration  of  the  con- 
struction of  said  sewer,  and  of  other  privileges  to  them  granted,  as 
hereinafter  set  forth,  hereby  grants  to  said  party  of  the  second  part 
the  right  to  lay  said  sewer  through  their  said  grounds,  at  such  a depth 
from  the  surface,  however,  as  not  to  interfere  in  any  manner  with  the 
free  use  of  said  lands,  dockage  or  other  purposes.  And  it  is  hereby 
agreed  that  both  parties  to  this  instrument  shall  have  the  privilege  at 
all  times  of  connecting  with  said  sewer  through  the  lands  of  said  party 
of  the  first  part,  subject,  however,  to  the  sewerage  regulations  of  the 
said'  city. 

It  is  further  mutually  agreed  between  the  aforesaid  parties  that 
this  agreement  shall  be  perpetual,  and  at  all  times  be  construed  into  a 
covenant  running  with  the  land. 

In  witness  whereof  said  parties  here  have  by  their  proper  officers 
hereunto  set  their  hands  and  fixed  their  seals  on  the  day  and  year  first 
above  written. 

THE  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY, 
By  H.  R.  PARSONS,  Vice  President. 

[Seal.]  A.  H.  BURLEY,  President  Board  of  Public  Works. 

Attest:  J.  B.  REDFIELD,  Assistant  Secretary. 


COLUMBUS,  CHICAGO  & INDIANA  CENTRAL  RAILROAD 

COMPANY. 

§ 272.  Columbus,  Chicago  & Indiana  Central  Railroad  company, 
f 1.  Viaduct  at  North  Halsted  street. 

2.  Grades. 

Ordinance  authorizing  the  construction  of  a viaduct  over  the  tracks  of  the 
Chicago  & Northwestern  railway,  and  the  Columbus,  Chicago  & Indiana 
Central  railroad,  on  North  Halsted  street,  and  the  change  of  street  grade 
made  necessary  thereby.  (Passed  July  28,  1873.) 

1.  Viaduct  at  North  Halsted  street.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § 1.  That  the  board  of  pub- 

lic works  be  and  they  are  hereby  authorized  to  proceed  forthwith  with 
the  construction  of  a viaduct,  and  the  necessary  approaches  thereto, 
on  North  Halsted  street,  over  the  tracks  of  the  Chicago  and  North- 
western railway  and  the  Columbus,  Chicago  and  Indiana  Central  rail- 
road, at  the  grade  hereinafter  established,  and  upon  plans  and  sped- 


§ 273]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY.  539 

fications  to  be  prepared  by  said  board;  Provided,  that  the  cost  of  the 
south  approach,  with  the  lateral  approaches  thereto,  and  the  south 
25634  feet  of  the  viaduct,  be  borne  by  the  said  C.,  C.  & I.  C.  R.  R.  Co., 
in  accordance  with  the  ordinance  concerning  said  company,  passed  by 
the  council  April  i,  1872,  and  that  the  cost  of  the  north  approach,  with 
the  lateral  approaches  thereto,  and  the  north  210  feet  of  the  viaduct, 
be  borne  by  the  Chicago  and  Northwestern  Railway  Company,  not, 
however,  to  exceed  the  sum  of  ninety-one  dollars  per  lineal  foot  for  the 
viaduct,  or  the  sum  of  $21,755  17-100  for  the  approaches. 

If  it  should  be  found  upon  receiving  proposals  for  the  work  that 
the  cost  of  the  north  approach  and  the  north  210  feet  of  the  viaduct 
should  exceed  the  sum  above  specified,  such  excess  of  cost  shall  not 
be  held  as  a bar  to  the  prosecution  of  the  work,  but  the  amount  so  in 
excess  shall  be  paid  out  of  any  money  in  the  city  treasury  not  other- 
wise appropriated,  or  by  a special  appropriation  for  that  purpose. 

Tf  2.  Grades.]  § 2.  That  the  grade  of  North  Halsted  street 
between  the  points  herein  designated  be  and  the  same  is  hereby  es- 
tablished as  follows:  Commencing  at  the  present  established  grade 

of  13  feet  at  a point  112  feet  north  of  the  north  line  of  Hubbard  street, 
and  rising  at  a regular  grade  of  one  foot  in  forty  to  a grade  of  26  feet 
at  the  north  line  of  West  Kinzie  street,  thence  on  a level  grade  to  the 
center  of  Carroll  street,  thence  in  a descending  grade  of  one  foot  in 
forty  to  meet  the  established  grade  of  14  feet  at  a point  73  feet  south 
of  the  south  line  of  Fulton  street. 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 

§ 273.  Chicago  & Northwestern  Railway  company. 

H 1.  Grant — route. 

An  ordinance  granting  to  the  Chicago  & Northwestern  Railway  company  a right 
of  way  in  the  town  of  Lake  View.  (Passed  November  28,  1874.) 

If  1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake  View,  Cook  county,  Illinois:  1st.  That  the 

right  of  way  is  hereby  granted  to  the  Chicago  and  Northwestern  Rail- 
way Company,  the  lessee  of  the  Chicago  and  Milwaukee  Railway 
Company,  over  and  along  Western  avenue,  from  the  southern  to  the 
northern  terminus  thereof,  as  the  same  is  laid  out  on  the  recorded  plan 
of  Mount  Pleasant  subdivision  of  the  south  one-half  (l/2)  of  the  south- 
east quarter  (34)  of  the  northeast  quarter  (34)  of  section  seven  (7), 
township  forty  (40),  north  range  fourteen  (14)  east,  twenty-five  (25) 
feet  in  width  off  from  the  west  side  of  said  avenue,  and  adjoining  the 


510 


RAILROADS. 


[§  274 


east  side  of  the  right  of  way  of  said  Chicago  and  Milwaukee  Railway 
Company,  now  occupied,  used  and  controlled  by  the  said  Chicago 
and  Northwestern  Railway  Company,  for  the  uses  and  purposes  of 
maintaining  and  operating  a railroad  thereon,  including  the  laying 
down  and  maintaining  of  a railroad  track  or  tracks  thereon,  and  using 
the  same  for  the  purposes  of  a railroad,  so  long  as  the  said  Chicago 
and  Northwestern  Railway  Company,  its  successors  and  assigns,  shall 
maintain  or  operate  a railroad  thereon,  or  on  any  part  thereof. 

§ 274.  Chicago  & Northwestern  Railway  company. 

]]  1.  Grant — route. 

\ 2.  Conditions  as  to  laying  tracks. 

^ 3.  Repair  of  street,  etc. 

4.  Subject  to  ordinances  and  to  repeal. 

An  ordinance  concerning  the  Chicago  & Northwestern  Railway  company  in  the 

city  of  Lake  View.  (Passed  August  22,  1887.  Approved  August  23,  1887.) 

Tf  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Lake  View:  § 1.  That  permission  and  authority  be  and  the 

same  are  hereby  granted  to  the  Chicago  and  Northwestern  Railway 
Company  to  lay  down,  construct,  maintain  and  operate  a railroad 
track  upon  Diversey  avenue  in  the  place  and  manner  following,  to 
wit : The  easterly  rail  of  said  track  shall  begin  on  the  south  line  of  said 
avenue,  at  a point  three  (3)  feet  west  of  the  right  of  way  of  the  said 
railway  company,  and  run  thence  northerly  to  the  point  of  intersec- 
tion of  the  western  boundary  line  of  the  said  right  of  way,  and  the 
center  of  said  avenue. 

If  2.  Conditions  as  to  laying  track.]  § 2.  The  said  track 
shall  be  laid  down  and  maintained  under  the  direction  and  supervision 
of  the  commissioner  of  public  works  of  this  city  and  shall  not  be  ele- 
vated in  said  avenue  above  the  surface  thereof,  and  shall  be  laid  with 
modern  improved  rails,  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions  without  obstruction. 

If  3.  Repair  of  street,  etc.]  § 3.  The  said  company  as  to 

the  part  of  the  said  avenue  upon  which  its  said  track  may  be  laid  shall 
keep  eight  feet  in  width  in  good  condition  and  repair  during  all  the 
time  to  which  the  privilege  hereby  granted  shall  extend,  in  accordance 
with  whatever  order,  ordinance  or  regulation  may  be  passed  or 
adopted  by  the  city  council  of  the  city  of  Lake  View  in  relation  to  such 
repair;  and  shall  keep  the  same  free  and  clear  from  accumulation  of 
ice  and  snow;  and  if  the  said  company  shall  refuse  or  fail  so  to  do, 
the  same  may  be  done  by  the  city,  and  the  company  shall  be  liable  to 
the  city  for  the  cost  thereof. 

If  4.  Subject  to  ordinances  and  to  repeal.]  § 4.  The  privi- 
leges hereby  granted  shall  be  subject  to  all  ordinances  concerning  rail- 
roads, or  which  may  hereafter  be  passed,  and  upon  the  express  further 
condition  that  the  city  council  may  at  any  time  repeal  this  ordinance. 


g § 275,  276]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY.  541 

§ 275.  Chicago  & Northwestern  Railway  company. 

^i.'j^Grant — route. 

^[”2.  When  in  force. 

An  ordinance  granting  certain  rights^to  the  Chicago  & Northwestern  Railway 
company.  (Passed  June  16,  1888.) 

1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 

of  the  town  of  Cicero:  § I.  That  permission  and  authority  is  here- 

by granted  to  the  Chicago  and  Northwestern  Railway  Company  to 
cross  with  an  additional  track  to  be  laid  upon  its  right  of  way,  parallel 
with  on  the  northerly  and  easterly  side  of  its  present  “cut-off”  track 
connecting  its  Galena  division,  at  West  Fortieth  street,  with  its  Wis- 
consin division,  at  Montrose,  all  streets  and  alleys  in  the  town  of 
Cicero,  along  the  line  of  the  route  of  said  track,  and  more  particularly 
the  west  half  of  West  Fortieth  street,  Chicago  avenue  and  Division 
street  and  North  avenue. 

This  permission  is  granted  upon  condition  that  said  company 
shall  at  the  time  of  laying  such  additional  track  put  in  proper  and  suf- 
ficient crossings  of  the  same  at  the  intersections  of  the  streets  crossed 

by  it.  • 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 276.  Chicago  & Northwestern  Railway  company. 

If  1.  Preamble — grant — condition 

An  ordinance  granting  depot  rights  at  Summerdale,  in  the  city  of  Lake  View,  to 
the  Chicago  & Northwestern  Railway  company.  (Passed  July  14,  1889.) 

: t f 1.  Preamble— grant— condition.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Lake  View,  Illinois:  That  whereas,  on  the 

twenty-eighth  (28th)  day  of  November,  A.  D.  1874,  an  ordinance  was 
passed  by  the  trustees  of  the  town  of  Lake  View  granting  to  the  Chi- 
cago and  North  Western  Railway  Company,  the  right  of  way  over  and 
along  Western  avenue  from  the  Southern  to  the  northern  terminus 
thereof,  as  the  same  is  laid  out  on  the  recorded  plat  of  Mount  Pleasant 
subdivision  of  the  south  half  of  the  southeast  quarter  of  the  northeast 
quarter  of  section  seven  (7),  township  40  north,  of  range  14  east, 
twenty-five  (25)  feet  in  width  off  the  west  side  of  said  avenue  and  ad- 
joining the  east  line  of  the  right  of  way  of  the  said  company,  for  the 
uses  and  purposes  of  maintaining  and  operating  a railroad  thereon,  in- 
cluding the  laying  down  and  maintaining  a railroad  track  or  tracks 
thereon  and  using  the  same  for  the  purpose  of  a railroad,  so  long  as  the 
said  Chicago  and  North  Western  Railway  Company,  its  successors  or 
assigns,  shall  maintain  and  operate  a railroad  therein,  or  on  any  part 
thereof. 

And  whereas,  pursuant  to  the  authority  granted  by  said  ordinance 
said  railroad  company  has  constructed  its  depot  building,  platforms 
and  water  closets  partially  upon  the  said  twenty-five  (25)  foot  strip. 


542 


RAILROADS. 


[§  277 


Now  therefore,  be  it  ordained  that  the  right  and  privilege  is  hereby 
granted  to  the  said  Chicago  and  North  Western  Railroad  Company 
to  maintain  its  depot  building  and  water  closets  in  said  strip  of  land, 
and  to  use  said  strip  of  land  for  railroad  purposes,  as  provided  by  the 
ordinance  above  referred  to. 

Provided,  That  said  company  shall  remove  the  fences  now  enclos- 
ing said  strip  of  land  and  shall  never  replace  the  same. 


CHICAGO  RAILWAY  TRANSFER  COMPANY. 

§ 277.  Chicago  Railway  Transfer  company. 

IT  1.  Grant — route — limitations. 

2.  Subject  to  ordinances. 

3.  Viaduct  or  viaducts — flagmen. 

•[]  4.  Completion  of  road — indemnity. 

IT  5.  Drains  and  ditches — maintenance  of. 

TT  6.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago  Railway  Transfer  company  to 
operate  a railway  and  telegraph  line  in  the  village  of  Jefferson.  (Passed 
December  17,  1881.) 

\ 1.  Grant — route — limitations.]  Be  it  ordained  by  the  presi- 
dent and  board  of  trustees  of  the  village  of  Jefferson:  § 1.  That  per- 
mission and  authority  be  and  the  same  are  hereby  granted  to  the  “Chi- 
cago Railway  Transfer  Company,”  to  erect  a telegraph  line  and  lay 
down,  maintain  and  operate  with  steam  power,  two  or  more  railroad 
tracks  on  and  over  the  route  hereinafter  described,  together  with  the 
necessary  switches,  sidings,  turnouts,  yards  and  track  connections  with 
any  railroad  now  or  hereafter  to  be  constructed,  and  to  build,  construct 
and  maintain  such  railway  tracks  to  connect  with  any  manufacturing 
and  other  establishments,  lumber  and  coal  yards  on  or  near  the  said 
route,  as  may  be  deemed  necessary  within  the  village  of  Jefferson,  in 
the  county  of  Cook  and  state  of  Illinois,  that  is  to  say : Commencing  at 

a point  at  or  near  the  center  of  the  south  line  of  section  thirty-two  (32), 
town  forty(4o),  range  thirteen  (13)  east,  of  the  third  principal  meridian, 
thence  running  north  on  a straight  line  to  a point  in  the  west  line  of 
the  east  half  of  section  seventeen  (17)  in  said  town  forty  (40),  thence 
in  an  easterly  direction  to  a point  in  section  fifteen  (15)  in  township 
forty  (40)  at  or  near  the  intersection  of  the  Chicago  & Northwestern 
Railway  with  the  Chicago,  Milwaukee  & St.  Paul  Railway,  with  the 
right  and  authority  to  cross  with  said  tracks  for  the  purposes  afore- 
said any  street,  avenue,  public  road  or  alley  on  the  line  of  said  route; 
Provided,  that  nothing  herein  contained  shall  be  construed  to  authorize 
the  said  Chicago  Railway  Transfer  Company  to  run  along  or  upon 


CHICAGO  RAILWAY  TRANSFER  COMPANY. 


543 


§ 277] 


any  public  street,  road,  highway,  avenue  or  alley  in  the  said  village, 
and,  provided,  also,  that  the  right  to  cross  any  street,  avenue,  road  or 
alley  as  aforesaid  is  hereby  granted  only  so  far  as  the  same  are  dedi- 
cated for  public  purposes,  and  to  the  extent  that  the  said  board  of 
trustees  may  lawfully  grant  the  same;  and  Provided,  also,  that  the  per- 
mission, grant  and  authority  herein  and  hereby  given  are  upon  the  ex- 
press condition  that  the  said  Railway  Transfer  Company  shall  at  all 
times  be  subject  to  the  general  and  special  ordinances  of  the  village 
of  Jefferson  now  in  force,  or  hereafter  to  be  adopted  by  the  said  board 
of  trustees. 

If  2.  Subject  to  ordinances.]  § 2.  The  permission  and  au- 
thority hereby  granted  are  upon  the  express  condition  that  the  said 
Chicago  Railway  Transfer  Company  will  faithfully  keep  and  perform 
all  obligations  and  duties  that  are  now  or  may  hereafter  be  imposed  by 
any  general  or  special  ordinance  or  ordinances  of  the  said  village  per- 
taining to  the  management,  regulation  or  control  of  railway  and  tele- 
graph companies;  and  also  in  respects  to  ditches,  drains,  culverts,  and 
the  proper  maintenance  of  the  street  and  railway  crossings  of  the  said 
Chicago  Railway  Transfer  Company,  and  that  the  said  telegraph  line 
be  constructed  and  maintained  so  as  in  no  wise  to  interfere  with  the 
free  and  unobstructed  use  of  all  streets,  roads,  highways,  sidewalks  and 
alleys. 

If  3.  Viaduct  or  viaducts — flagmen.]  § 3.  The  permission 
and  authority  aforesaid  are  hereby  granted  upon  the  further  express 
conditions  that  the  said  Railway  Transfer  Company  shall,  at  its  own 
cost  and  expense,  and  within  the  time  and  in  such  manner  as  the  board 
of  trustees  shall  direct  and  order,  construct  and  maintain  such  viaduct 
or  viaducts  with  suitable  approaches  over  its  tracks  at  its  crossings  of 
any  street,  road,  highway  or  alley  in  said  village,  and  such  viaduct  with 
the  approaches  thereto,  shall  be  constructed  of  the  material  designated, 
within  the  time  required  in  accordance  with  plans  and  specifications  ap- 
proved by  the  said  board  of  trustees;  Provided,  that  the  said  board  of 
trustees  shall  furnish  said  Chicago  Railway  Transfer  Company  with  a 
copy  of  any  ordinance  and  specifications  adopted  by  such  board  of 
trustees  directing  or  ordering  the  construction  of  any  such  viaduct  or 
viaducts  as  herein  aforesaid;  and  Provided,  further,  that  the  said  Chi- 
cago Railway  Transfer  Company  shall,  at  its  own  cost  and  expense, 
keep  a flagman  at  all  crossings  along  the  line  of  its  road,  as  shall  be 
required  by  the  said  board  of  trustees,  and  shall  keep  and  maintain  all 
street,  highway,  road  and  alley  crossings  along  its  said  route,  in  good 
condition,  so  that  the  same  may  be  used  at  all  times  without  danger  to 
persons  and  property. 

r 4.  Completion  of  road— indemnity,]  § 4.  The  permission 
and  authority  aforesaid  are  granted  upon  the  further  express  condition 
that  the  said  Chicago  Railwav  Transfer  Company  complete  its  said 
road  within  the  period  of  twelve  months  from  the  passage  of  this  or- 


544 


RAILROADS. 


[§278 


dinance;  Provided,  however,  that  if  the  said  company  shall  be  delayed 
from  completing  its  said  road  within  the  time  specified  by  any  injunc- 
tion or  other  legal  proceeding,  the  period  of  such  delay  shall  be  ex- 
cluded in  the  computation  of  the  time  within  which  said  road  is  hereby 
required  to  be  built;  and  upon  the  further  express  condition  that  the 
said  Railway  Transfer  Company  shall  and  will  forever  indemnify  and 
save  harmless  the  said  village  of  Jefferson  from  and  against  any  and  all 
damages,  judgments,  decrees,  suits,  actions  and  costs  which  may  be 
brought,  recovered  or  obtained  against  the  said  village,  by  reason  or  on 
account  of  the  permission  or  authority  hereby  or  herein  granted  or 
given  to  the  said  Chicago  Railway  Transfer  Company. 

If  5.  Drains  and  ditches,  maintenance  of.]  § 5.  The  per- 
mission and  authority  aforesaid  are  granted  hereby,  upon  the  further 
express  condition  that  the  said  Chicago  Railway  Transfer  Company, 
shall,  at  all  times,  keep  the  ditches  and  drains  on  the  sides  of  its  tracks 
open  and  operative  and  free  from  weeds  and  other  obstructions,  and 
erect,  build  and  maintain,  at  its  own  cost  and  expense,  proper  culverts 
at  such  places  along  the  line  of  its  said  road  as  the  said  board  of  trus- 
tees shall  direct. 

Tf  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILROAD  COM- 
PANY. 

§ 278.  Chicago,  Rock  Island  & Pacific  Railroad  company. 

1.  Grant — route. 

2.  Additional  tracks— depots — subject  to  ordinances. 

•if  3.  Draw-bridge  across  river. 

4.  Motive  power— speed — subject  to  ordinances. 

•\\  5.  Tracks  not  to  interfere  with  travel. 

An  ordinance  in  relation  to  the  Chicago  & Rock  Island  railroad.  (Passed  May 

26,  1851.) 

If  1.  Grant — route.]  Be  it  ordained  by  the  common  council  of 

the  city  of  Chicago:  § 1.  That  the  Rock  Island  and  Chicago  Railroad 
Company  may  lay  down  in  any  one  of  the  streets  of  said  city,  between 
the  west  line  of  State  street  and  the  west  line  of  Halsted  street,  from 
the  south  line  of  said  city  as  far  north  as  the  north  line  of  Polk  street, 
a single  railroad  track,  with  all  necessary  turnouts  and  turning  tables. 
Said  companv  may  extend  said  track  northwardly  as  far  as  the  south 
line  of  Van  Buren  street,  upon  any  street  between  the  west  line  of 
Clark  street,  and  the  west  line  of  said  Halsted  street,  and  build  all  nec- 
essary turnouts  and  turning  tables. 


§ 279] 


CHICAGO  & ROCK  ISLAND  RAILROAD  COMPANY. 


545 


If  2.  Additional  tracks — depots — subject  to  ordinances.]  § 2. 

Said  company  may  also  construct  in  said  city  one  or  more  railroad 
tracks  within  the  boundaries  aforesaid,  upon  any  land  they  may  pro- 
cure by  purchase  or  otherwise,  and  may  also  construct  and  use  all  de- 
pots which  may  be  necessary  to  accommodate  the  business  of  said  com- 
pany. Said  company  to  be  subject  to  all  laws  and  ordinances  that  may 
hereafter  be  passed  to  regulate  railroads  within  the  city. 

If  3.  Draw-bridge  across  river.]  § 3.  Said  company  may 
construct  and  maintain  a railroad  draw  bridge  across  the  south  branch 
of  the  Chicago  river,  at  any  point  south  of  the  south  line  of  Van  Buren 
street,  provided  said  bridge  shall  be  so  constructed  as  not  to  interrupt 
or  impede  the  navigation  of  said  south  branch. 

If  4.  Motive  power— speed — subject  to  ordinances.]  § 4. 
Said  company  may  run  their  trains  by  locomotives,  within  the  limits 
before  described  herein,  at  a speed  not  exceeding  five  miles  per  hour, 
subject  to  such  ordinances  as  may,  from  time  to  time,  be  passed  by 
the  common  council  of  said  city  regulating  speed  and  motive  power 
within  said  city. 

T 5.  Tracks  not  to  interfere  with  travel.]  § 5.  In  laying 
down  said  tracks,  turn  outs  and  turning  tables  in  said  streets,  they  shall 
be  so  laid  down  as  to  interfere  with  the  ordinary  travel  and  use  of  said 
streets  as  little  as  practicable,  and  a sufficient  space  for  the  passage  of 
teams  shall  always  be  left  on  either  side  of  said  streets. 


CHICAGO  & ROCK  ISLAND  RAILROAD  COMPANY. 

§ 279.  Chicago  & Rock  Island  Railroad  company. 

J 1.  Grant — route. 

Tf  2.  Extension  of  route. 

I 3.  Location  of  tracks — motive  power — speed — use  of  other  roads, 
if  4.  Joint  use  of  tracks, 
if  5.  Indemnity. 

An  ordinance  in  relation  to  the  Chicago  & Rock  Island  Railroad.  (Passed  April 

2,  1852.) 

If  1.  Grant — route.]  Be  it  ordained  by  the  common  council  of 
the  city  of  Chicago:  § 1.  Permission  and  authority  is  hereby  given  to 
the  Chicago  and  Rock  Island  Railroad  Company  to  extend,  construct 
and  maintain  their  track,  with  necessary  switches,  turn  tables  and  side 
tracks,  from  the  depot  ground  belonging  to  said  company,  on  the  south 
branch  of  the  Chicago  river,  northward  through  such  streets  as  the 
city  may  hereafter  designate,  or  through  such  lands  as  the  company 
may  procure  for  that  purpose,  to  the  southern  terminus  of  Market 


35 


546 


RAILROADS. 


[§  279 


street;  thence  through  Market  street  to  South  Water  street;  Provided, 
that  if  hereafter  permission  shall  be  given  to  any  railroad  company  to 
construct  a track  through  South  Water  street  and  River  street,  the 
same  privilege  to  lay  down  a track  or  use  the  track  of  such  company 
as  shall  lay  down  a track  from  Market  street  to  the  west  line  of  Wa- 
bash avenue,  shall  be  granted  to  the  said  Chicago  and  Rock  Island 
Railroad  Company,  upon  such  terms  as  shall  be  safe,  just  and  equitable, 
to  be  prescribed  by  the,  common  council. 

2.  Extension  of  route.]  § 2.  Permission  and  authority  is 
hereby  given  to  said  railroad  company  to  extend  their  track,  and  to 
construct,  maintain  and  use  the  same,  with  all  necessary  switches,  turn 
tables  and  side  tracks,  from  the  bridge  across  the  south  branch  of  the 
Chicago  river,  heretofore  by  ordinance  authorized  to  be  constructed  by 
said  company,  thence  northerly  on  the  west  side  of  said  south  branch, 
through  such  streets  as  the  city  may  hereafter  designate,  to  Kmzie 
street;  Provided,  that  if  the  city  shall  designate  the  streets,  or  furnish 
the  right  of  way  for  the  track,  provided  for  in  this  section,  so  as  to  al- 
low the  track  to  be  built  within  the  time  hereinafter  mentioned,  in  such 
case,  said  company  shall,  within  eighteen  months  after  the  completion 
of  the  track  on  the  east  side,  lay  down  and  finish  the  track  in  this  sec- 
tion provided. 

If  3.  Location  of  tracks — motive  power— speed— use  by  other 
roads.]  § 3.  The  tracks,  side  tracks  and  switches,  authorized  by  the 
foregoing  section,  shall  be  laid  on  such  side  or  part  of  the  street  that 
may  be  used  for  the  same,  as  the  common  council  may  prescribe;  and 
the  grade  of  the  tracks,  side  tracks  and  switches,  herein  authorized,  and 
the  manner  of  laying  down  the  same,  shall  be  subject  to  the  direction 
and  supervision  of  such  committee  of  the  common  council  as  may  be 
appointed  by  the  common  council  for  that  purpose;  and  the  speed  and 
the  motive  power  to  be  used  on  said  tracks,  and  the  tracks,  side  tracks 
and  switches  and  turn  tables  built  in  connection  with  said  tracks  and 
along  the  same,  shall  be  subject  to  such  general  regulations  as  the 
common  council  may  prescribe  for  railroads  within  the  city.  Said 
tracks,  side  tracks,  switches  and  turn  tables,  so  far  as  the  same  are  laid 
in  any  street,  shall  be  open  to  the  use  of  other  railroad  companies  and 
railroad  corporations  whose  cars  come  into  the  city,  with  all  proper, 
necessary  and  suitable  connections  for  such  companies  as  may  desire 
to  use  said  tracks,  upon  just,  safe  and  equitable  terms,  to  be  agreed 
upon  by  the  parties  interested,  and  in  case  of  disagreement  by  arbitra- 
tion. 

If  4.  Joint  use  of  tracks.]  § 4.  If  any  other  railroad  com- 
pany shall  desire  to  lay  down  tracks  in  any  of  the  streets  herein  author- 
ized to  be  used,  and  having  obtained  permission  shall  proceed  to  lay 
down  tracks  before  said  Chicago  and  Rock  Island  Railroad  Company 
shall  have  done  so,  said  Chicago  and  Rock  Island  Railroad  Company 
mav  use  and  occupy  the  same  jointly  with  such  company  upon  just 
and  equitable  terms,  and  so  as  to  accommodate  both  companies  so  far 


§ 280]  CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANY.  547 

as  practicable;  said  terms  to  be  agreed  upon  by  the  parties  interested, 
and  in  case  of  disagreement  by  arbitration. 

T 5.  Indemnity.]  § 5.  The  permission  and  authority  hereby 
granted  is  upon  the  express  condition,  that  the  said  railroad  company 
shall  indemnify  the  city  for  any  damage  and  expense  to  which  it  may 
be  legally  subjected  by  reason  of  the  occupying  of  any  of  the  streets, 
alleys  or  grounds  of  the  city,  with  its  tracks  or  other  fixtures. 

§ 280.  Chicago,  Rock  Island  & Pacific  Railway  company. 

1.  Preamble. 

2.  Grant — route. 

*[[  3.  Clark  street  tracks — removal — enclosing  wall. 

4.  Effect  of  ordinance — delay  of  legal  proceedings. 

5.  Acceptance. 

6.  When  in  force. 

An  ordinance  authorizing  the  Chicago,  Rock  Island  & Pacific  Railway  company 

to  lay  down  tracks  in  certain  streets.  (Passed  July  24,  1876.) 

1.  Preamble.]  Whereas,  the  Chicago,  Rock  Island  and  Pa- 
cific Railway  Company  has  for  many  years,  and  is  now  maintaining 
and  operating  a track  through  South  Clark  street,  in  the  city  of  Chi- 
cago, under  power  conveyed  by  an  ordinance  of  the  common  council 
of  said  city,  the  removal  of  which  is  now  desired  by  the  said  city;  and 
Whereas,  the  said  the  Chicago,  Rock  Island  and  Pacific  Railway 
Company  has  agreed  to  remove  said  track  from  said  South  Clark  street 
to  the  west  sixteen  feet  of  said  street,  between  points  herein  named, 
and  to  release,  relinquish  and  abandon  all  right  to  maintain  and  oper- 
ate a track  lengthwise  on  said  street,  except  as  between  such  points,  in 
consideration  of  a grant  and  a re-affirmance  of  grants  heretofore  made 
and  set  out  in  the  following  ordinance:  Therefore,  in  consideration 

of  the  premises, 

T 2.  Grant — route.]  Be  it  ordained  by  the  city  council  of 

the  city  of  Chicago:  § 1.  That  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company  be  and  is  hereby  authorized  and  em- 
powered to  lay  down,  maintain  and  operate  its  main  and  side  tracks, 
turn  outs  and  switches  upon,  over  and  across  Sixteenth,  Seventeenth, 
Eighteenth,  Nineteenth  and  Twentieth  streets,  Archer  road,  and 
Twenty-first  and  Twenty-second  streets,  between  Clark  street  and  Ar- 
nold street,  and  the  right  of  the  said,  The  Chicago,  Rock  Island  and 
Paacific  Rilway  Company  to  maintain  and  operate  a track  on  the  west 
sixteen  feet  measuring  from  the  property  line  of  that  portion  of  South 
Clark  street  lying  between  a point  nine  hundred  feet  south  of  the  south 
line  of  Fourteenth  street,  to  a point  six  hundred  and  fifty  feet  south 
of  the  south  line  of  Twelfth  street,  under  the  ordinance  of  May  26th, 
1851,  is  hereby  recognized  and  re-affirmed,  and  there  is  herebv  granted 
to  the  said  The  Chicago,  Rock  Island  and  Pacific  Railway  Company 
the  right  to  lay  down  and  operate  one  or  more  tracks  in  said  space,  six- 
teen feet  wide,  on  the  west  side  of  South  Clark  street,  also  on  or  west 
of  said  sixteen  feet,  the  necessary  switches  and  turn  outs  in  and  from 


548 


RAILROADS. 


[§  280 


said  tracks;  also  to  lay  down,  operate  and  maintain  a single  track  across 
South  Clark  street,  between  the  two  points  above  established  with  ref- 
erence to  Twelfth  and  Fourteenth  streets,  connecting  its  warehouse  and 
depot  on  the  east  side  of  South  Clark  street  and  south  of  Twelfth  street, 
with  the  tracks  above  mentioned  on  said  South  Clark  street  and  its 
tracks  west  thereof,  and  the  right,  power,  and  authority  to  construct, 
maintain  and  operate  said  tracks  forever,  subject,  however,  to  such  or- 
dinances and  regulations  enacted  and  ordained  by  the  proper  author- 
ities of  the  city  of  Chicago  having  uniform  application  and  operation 
upon  all  railways  within  the  limits  of  the  said  cty. 

If  3.  Clark  street  tracks — removal — enclosing  wall.]  § 2. 

That  the  said  Chicago,  Rock  Island  and  Pacific  Railway  Company 
shall  remove  its  track  and  switches,  except  those  on  the  said  west  six- 
teen feet,  and  except  the  single  track  crossing  said  South  Clark  street 
to  the  freight  depot  and  warehouse  of  said  company,  from  said  South 
Clark  street  north  of  the  north  line  of  Twenty-second  street,  within 
sixty  days  after  this  ordinance  shall  take  effect,  and  shall,  within  four 
months  after  the  expiration  of  said  sixty  days,  erect  and  forever  main- 
tain, a brick  or  stone  wall  ten  feet  in  height,  and  not  more  than  twenty 
inches  thick,  on  the  east,  and  the  north  and  the  south  line  of  said  six- 
teen foot  strip,  leaving  two  open  spaces,  one  for  the  crossing  above 
mentioned  and  the  other  for  the  existing  crossing  to  the  warehouse 
of  George  A.  Seaverns,  said  east  line  being  the  center  line  of  said  wall. 
Said  company  shall  also  have  the  right  to  construct  in  said  wall,  a gate- 
way for  the  passage  of  teams,  with  gates  swinging  or  sliding  on  the 
west  of  said  wall. 

1 4.  Effect  of  ordinance— delay  of  legal  proceedings.]  § 3. 

This  ordinance  shall  have  the  force  and  effect  of  a contract  between  said 
city  of  Chicago  and  the  said  Chicago,  Rock  Island  and  Pacific  Rail- 
way Company  and  its  successors  and  assigns;  Provided,  that  if  said 
railroad  company  shall  be  subjected  to  any  delay  because  of  any  legal 
proceedings  instituted  by  any  person  or  persons  or  corporation  in  com- 
plying with  any  of  the  terms  or  requirements  of  this  ordinance,  or  in 
availing  itself  of  any  of  the  grants  hereby  made,  the  term  of  sixty  days 
and  the  term  of  four  months  before  mentioned  shall  be  extended  to  the 
period  of  sixty  days  and  of  four  months,  respectively,  from  and  after 
the  final  dismissal  by  order  or  decree  of  court  or  otherwise  of  such 
proceedings;  but  it  is  also  provided  that  said  city  shall  have  the  right, 
at  its  option,  to  employ,  at  its  own  expense,  attorneys  to  aid  said  com- 
pany in  the  defense  of  any  such  proceedings,  and  also,  at  its  option, 
if  any  such  delay  shall  continue  for  more  than  ninety  days,  to  repeal 
this  ordinance,  and  thereby  to  restore  to  said  company  all  its  rights 
under  prior  ordinances. 

1"  5.  Acceptance.]  § 4.  Said  railroad  company  shall,  within 
twenty  days  after  its  passage,  duly  signify  its  acceptance  of  this  or- 
dinance. 


§ 281-2]  CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANY.  549 


% 6.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  amendatory  ordinance. 

§ 281.  Chicago,  Rock  Island  & Pacific  Railway  company. 

f 1.  Amending  foregoing  ordinance — removal  of  Clark  street  tracks. 
\ 2.  Effect  of  ordinance — condition. 

^ 3.  When  in  force. 

An  ordinance  concerning  the  Chicago,  Rock  Island  & Pacific  Railway  company. 

(Passed  June  29,  1877.) 

1 1.  Amending  foregoing  ordinance  —removal  of  Clark  street 
tracks.]  Be  it  ordained  bv  the  common  council  of  the  city  of  Chi- 
cago: § 1.  That  the  ordinance  relating  to  the  right  of  way  of  the 
Chicago,  Rock  Island  and  Pacific  Railway  Company  over,  along  and 
across  certain  streets  therein  mentioned,  passed  on  the  twenty-fourth 
day  of  July,  1876,  be  and  the  same  is  hereby  amended  by  striking  out 
from  the  third  section  thereof  the  following  words:  “And  also  at  its 

option,  if  any  such  delay  shall  continue  for  more  than  ninety  days,  to 
repeal  this  ordinance,  and  thereby  restore  to  said  company  all  its  rights 
under  prior  ordinances;”  Provided,  the  said  railroad  company  shall  re- 
move from  South  Clark  street  within  six  days  from  the  taking  effect 
of  this  ordinance,  all  of  its  tracks,  except  those  which  by  the  terms  of 
the  ordinance  so  amended  it  is  authorized  to  construct,  maintain  or 
operate  therein. 

If  2.  Effect  of  foregoing  ordinance— condition.]  § 2.  If 

the  said  the  Chicago,  Rock  Island  and  Pacific  Railway  Company  shall, 
within  the  time  named  in  the  first  section  hereof,  remove  its  tracks 
as  above  provided,  said  ordinance,  passed  on  the  twenty-fourth  (24th) 
day  of  July,  1876,  shall,  as  hereby  amended,  have  the  force  and  effect 
of  a contract  between  the  said  city  of  Chicago  and  the  said  the  Chicago, 
Rock  Island  and  Pacific  Railway  Company. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
from  and  after  its  passage. 

§ 282.  Chicago,  Rock  Island  & Pacific  Railway  company. 

IT  !•  Ordinance  and  contract  for  viaduct. 

An  ordinance  authorizing  the  construction  of  a viaduct  across  the  tracks  of  the 

Chicago,  Rock  Island  & Pacific  Railway  company  and  the  Lake  Shore  & 

Michigan  Southern  Railway  company  at  Sixty-third  street.  (Passed  Jan- 
uary 14,  1885.) 

1 1.  Ordinance  and  contract  for  viaduct.]  Be  it  ordained  by 
the  board  of  trustees  of  the  town  of  Lake:  That  the  president  of  said 
board  and  the  town  clerk  thereof  shall  have  the  power,  and  they  are 
hereby  authorized  to  execute  on  behalf  of  said  town,  a contract  with 
the  Chicago,  Rock  Island  and  Pacific  Railway  Company  and  the  Lake 
Shore  and  Michigan  Southern  Railway  Company  which  shall  be  sub- 
stantially in  the  words  and  figures  following,  to-wit,  except  that  the 


550  RAILROADS.  [§  282 

plan  therein  referred  to  need  not  be  attached  to  the  following  form,  but 
only  to  the  contract  to  be  executed  by  the  parties : 

Whereas,  the  public  interests  demand  that  a viaduct  shall  be  con- 
structed across  the  tracks  of  said  railway  companies  at  or  near  Sixty- 
first  (61  st)  street  in  the  town  of  Lake;  and 

Whereas,  an  arrangement  can  be  concluded  with  said  companies 
by  which  the  same  can  be  constructed  in  a manner  advantageous  to  the 
town  of  Lake: 

Now,  therefore,  in  consideration  of  the  premises  and  of  the  execu- 
tion of  the  following  promises  and  agreements  by  each  of  the  parties 
hereto, 

It  is  agreed,  by  and  between  the  town  of  Lake,  a municipal  cor- 
poration organized  and  existing  under  the  laws  of  the  state  of  Illinois, 
party  of  the  first  part,  and  the  Chicago,  Rock  Island  and  Pacific  Rail- 
way Company,  a corporation  organized  and  existing  under  and  by  vir- 
tue of  the  laws  of  the  states  of  Illinois  and  Iowa,  and  the  Lake  Shore 
and  Michigan  Southern  Railway  Company,  a corporation  organized 
under  and  by  virtue  of  the  laws  of  the  states  of  New  York,  Indiana, 
Michigan,  Ohio  and  Illinois,  parties  of  the  second  part,  as  follows: 

Article  I.  The  said  railway  companies  agree  at  their  own  ex- 
pense to  construct  a viaduct  over  their  tracks  at  or  near  Sixty-first 
(61  st)  street,  in  the  town  of  Lake,  including  the  approaches  to  the  same, 
from  a point  about  one  hundred  and  seventy  (170)  feet  east  of  the  east 
line  of  Wentworth  avenue  to  a point  about  two  hundred  and  ten  (210) 
feet  west  of  the  west  line  of  State  street,  where  the  grade  of  said  ap- 
proaches shall  not  be  more  than  eight  (8)  feet  above  the  present  grade 
of  Wentworth  avenue  and  State  street,  respectively,  at  points  thereon 
marked  by  the  continuation  of  the  lines  of  the  viaduct,  and  to  com- 
plete said  viaduct  and  approaches  in  a good  and  workmanlike  manner 
according  to  the  plan  hereto  attached,  except  as  provided  in  Article 
V hereof,  and  also  except  that  the  sidewalk  on  the  north  side  of  the 
viaduct,  instead  of  being  constructed  as  indicated  by  said  plan,  shall  be 
terminated  by  a flight  of  stairs  which  shall  end  on  the  west  side  of  said 
tracks  at  a point  not  further  west  than  the  east  line  of  La  Salle  street 
continued,  and  upon  a level  with  the  present  grade  of  Sixty-first  (61  st) 
street,  opposite  said  La  Salle  street:  and  on  the  east  side  shall  be  ter- 
minated by  a flight  of  stairs  which  shall  end  at  a point  not  further  east 
than  the  east  line  of  Butterfield  street  continued,  and  on  a level  with  ihe 
present  grade  of  Sixty-first  (61  st)  street  opposite  said  Butterfield  street. 
It  being  understood  and  agreed  by  the  parties  of  the  second  part  that 
the  said  viaduct  shall  be  commenced  at  once  upon  the  acceptance  of 
this  agreement,  and  continued  with  all  possible  dispatch  to  completion, 
the  work  to  be  completed  within  six  (6)  months  from  the  date  of  such 
agreement;  Provided,  that  any  delays  due  to  injunctions  or  other  legal 
proceedings,  or  due  to  the  performance  by  the  party  of  the  first  part 
of  Article  V hereof,  shall  not  be  included  in  said  time. 

Article  II.  It  is  further  understood  that  the  south  line  of  the  via- 


§ 282]  CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANY.  551 

duct,  and  the  approaches  to  be  constructed,  shall  be  on  a line  drawn 
parallel  with  and  ninety-one  (91)  feet  south  of  the  north  line  of  Sixty- 
first  (61  st)  street. 

Article  III.  When  the  viaduct  and  all  the  approaches  thereto  are 
finally  constructed,  the  said  railway  companies  hereby  grant  to  the  said 
town  of  Lake  the  right  to  use,  repair  and  maintain  said  viaduct  and 
its  said  approaches  as  a public  highway;  Provided,  however,  that  this 
grant  shall  not  be  so  construed  as  to  grant  or  reserve  to  the  said  town 
any  right  to  or  interest  in  the  land  lying  or  being  between  the  east 
line  of  La  Salle  street  and  the  east  line  of  Butterfield  street  continued, 
said  east  line  of  Butterfield  street  being  a line  five  hundred  and  forty- 
one  (541)  feet  west  of  the  center  line  of  State  street,  which  is  reserved 
to  the  parties  of  the  second  part,  except  so  far  as  may  be  reasonably 
necessary  to  enable  the  said  town  of  Lake  to  properly  maintain,  repair 
and  continue  said  viaduct  and  its  approaches. 

Article  IV.  The  control  of  the  parties  of  the  second  part  to  and 
over  said  viaduct  and  its  approaches  shall  cease  when  and  at  such  time 
as  the  same  shall  be  pronounced  by  the  engineers  of  each  of  the  parties 
hereto  finished  in  accordance  with  the  provision  of  Article  I hereof. 

Article  V.  The  town  of  Lake  agrees  to  construct  with  reasonable 
dispatch,  and  at  its  own  expense,  good  and  sufficient  approaches  from 
the  street  lines  of  State  street  and  Wentworth  avenue,  respectively,  to 
and  connect  with  the  ends  of  the  approaches  to  be  constructed  by  the 
parties  of  the  second  part,  and  also  construct  at  its  own  expense  the 
masonry  needed  at  the  point  where  the  approaches  to  be  constructed  by 
each  party  meet,  it  being  agreed  that  the  said  town  of  Lake  shall  pro- 
ceed as  rapidly  on  its  part  as  it  can,  so  as  to  enable  the  parties  of  the 
second  part  to  perform  Article  I hereof. 

Article  VI.  The  said  town  of  Lake  shall  have  and  take,  from  and 
after  the  completion  of  said  viaduct  and  its  approaches  by  the  parties  of 
the  second  part,  as  provided  in  Article  I hereof,  full  and  exclusive  con- 
trol thereof,  and  shall  forever,  at  its  own  expense,  maintain  and  repair 
the  same,  and  replace  the  same  if  necessary;  Provided,  that  no  material 
change  shall  ever  be  made  in  the  plan  thereof,  without  first  obtaining 
the  written  consent  of  the  said  railway  companies  thereto:  And  pro- 
vided, further,  that  the  said  parties  of  the  second  part  hereby  agree  to 
pay  for  repairs  to  the  said  viaduct  rendered  necessary  by  the  derailment 
of  engines,  cars  or  trains,  whether  such  derailment  shall  be  due  to  ac- 
cident or  neglect. 

Article  VII.  The  said  town  of  Lake  also  agrees,  as  soon  as  the 
parties  of  the  second  part  have  performed  all  the  conditions  of  Article  I 
hereof,  to.' vacate,  by  proper  ordinance,  that  portion  of  Sixty-first  (61  st) 
street  which  lies  between  a line  drawn  at  right  angles  to  the  line  of 
Sixty-first  (61  st)  street  and  one  hundred  and  thirty-nine  (139)  feet  east 
of  the  east  line  of  La  Salle  street  and  a line  drawn  parallel  with  such  a 
line  one  hundred  and  ninety-eight  (198)  feet  easterly  therefrom,  being 
that  portion  of  Sixty-first  (61  st)  street  included  within  the  continua- 


552 


RAILROADS. 


[§  2§3 


tion  of  the  east  and  west  lines  of  property  lying  north  of  Sixty-first  (6ist) 
street,  and  now  owned  by  the  parties  of  the  second  part  either  jointly 
or  severally;  Provided,  however,  that  the  town  of  Lake  shall  have  the 
right,  at  its  own  expense,  to  construct  and  lay  down  at  any  time  dur- 
ing the  continuance  of  this  agreement,  from  the  execution  hereof,  a 
sewer,  water  and  gas  pipe  within  that  portion  of  Sixty-first  (6ist)  street 
hereby  agreed  to  be  vacated. 

Article  VIII.  The  town  of  Lake  hereby  assumes  and  agrees  to 
pay  any  and  all  and  every  damage  of  every  kind  and  description  that 
may  result  to  any  person  or  persons,  corporation  or  corporations,  ex- 
cept, however,  the  parties  of  the  second  part,  from  the  construction  and 
continuance  of  said  viaduct  and  its  approaches,  or  arising  in  any  man- 
ner whatever  out  of  the  performance  of  this  agreement,  or  any  of  the 
terms  hereof. 

Article  IX.  It  has  been  the  intention  of  the  parties  hereto  to  re- 
move the  cause  of  danger  to  the  public,  and  inconvenience  of  both  the 
parties  of  the  first  and  second  parts,  attendant  upon  the  use  by  the  pub- 
lic of  Sixty-first  (6ist)  street  at  the  point  to  be  vacated,  and  it  is  hereby 
understood  and  agreed,  that  in  case  that  portion  of  Sixty-first  (6ist) 
street  is  not  vacated,  or  in  case  said  town  of  Lake,  or  any  municipality 
succeeding  to  its  powers,  shall  ever  cause  Sixty-first  (6ist)  street  to  be 
re-opened  after  such  vacation,  in  addition  to  such  damages  as  the  par- 
ties of  the  second  part,  or  either  of  them,  may  be  entitled  to  because 
thereof,  it  being  understood  that  the  ‘cost  of  the  viaduct  shall  be  in- 
cluded therein,  the  rigJht  of  the  public  to  use  the  viaduct  and  its  ap- 
proaches, and  that  portion  of  the  land  necessary  for  the  maintenance 
and  continuance  thereof,  and  all  rights  hereby  granted,  shall  imme- 
diately cease  and  determine,  and  the  same  revert  to  said  railway  com- 
panies and  their  successors,  free  and  clear  of  any  and  all  rights  at- 
taching thereto  to  the  party  of  the  first  part. 

Article  X.  Nothing  herein  contained  shall  be  construed  to  imr 
pair  or  in  anywise  injure  any  of  the  rights  vested  in  either  of  the  parties 
of  the  second  part  necessary  to  the  convenient  operation  of  the  rail- 
roads of  each  of  them. 

Article  XI.  That  the  said  parties  of  the  second  part  shall  open 
La  Salle  street,  from  Sixty-first  (6ist)  street  to  Sixtv-second  (62nd) 
street,  or  quit-claim  to  the  town  of  Lake  the  necessary  land  for  the 
opening  of  the  same,  when  the  other  terms  of  this  agreement  are  fully 
performed. 

Article  XII.  The  land  upon  which  the  said  viaduct  and  its  ap- 
proaches are  to  be  constructed  is  located  in  the  town  of  Lake,  county 
of  Cook,  and  in  the  state  of  Illinois. 

§ 283..  Chicago,  Rock  Island  & Pacific  Railway  company. 

If  1.  Permission  granted  to  maintain  tracks — conditions. 

A resolution  passed  by  the  board  of  trustees  of  the  village  of  Washington  Heights 
granting  to  the  Chicago,  Rock  Island  & Pacific  Railway  company  right  to 


553 


§^84] 


CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANY. 


maintain  tracks  on  land  between  Tracy  and  Vincennes  avenues.  (Passed 
August  3,  1885.) 

If  1.  Permission  granted  to  maintain  tracks — conditions.] 

Resolved:  That  the  request  of  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  for  the  privilege  of  maintaining  a railroad  track  on 
the  parcel  of  land  situated  between  Tracy  avenue  and  Vincennes  ave- 
nue, and  between  the  right  of  way  of  the  Pittsburg,  St.  Louis  & Chi- 
cago Railroad  Company,  and  the  switch  track  now  used  by  the  Chi- 
cago, Rock  Island  & Pacific  Railway  Company,  be  granted  ; Provided, 
the  said  Chicago,  Rock  Island  & Pacific  Railway  Company  will  build 
at  their  own  expense  a sewer  not  less  than  twenty-four  inches  in  di- 
ameter, in  connection  with  the  sewer  on  the  west  side  of  Vincennes 
avenue. 

§ 284.  Chicago,  Rock  Island  & Pacific  Railway  company. 

1.  Grant — route — connecting  tracks. 

J2.  Use  of  streets — repairs. 

3.  Indemnity. 

4.  Bond — conditions. 

J 5.  Acceptance, 
f 6.  Time  for  completion. 

An  ordinance  authorizing  the  Chicago,  Rock  Island  & Pacific  Railway  company 
to  locate,  construct  and  maintain  a line  of  railroad  in  the  village  of  Hyde 
Park.  (Passed  and  approved  June  13,  1887.  Accepted  July  5,  1887.) 

If  1.  Grant — route — connecting  tracks.]  Be  it  ordained  by  the 
president  and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That 
permission  be  and  the  same  is  hereby  granted  to  the  Chicago,  Rock 
Island  and  Pacific  Railway  Company,  to  locate,  construct  and  forever 
hereafter  maintain  and  operate  with  steam  power,  a line  of  railroad 
with  one  track  upon  the  following  route  in  the  village  of  Hyde  Park, 
viz. : Beginning  at  a point  on  the  railway  of  the  said  railway  company, 
in  block  fifty  (50)  in  the  Notre  Dame  addition  to  South  Chicago,  in 
fractional  section  seven  (7)  township  thirty-seven  (37)  north,  range 
fifteen  (15)  east  of  the  third  principal  meridian  and  lying  south  of  the 
Indian  boundary  line  in  the  county  of  Cook  and  state  of  Illinois;  thence 
southeasterly  on  a curve  through  said  block  fifty  (50)  to  the  north  line 
of  105th  street  and  within  sixty  (60)  feet  of  the  southeast  corner  of 
said  block  fifty  (50),  thence  continuing  southeasterly  on  a curve  across 
said  105th  street  to  the  south  line  thereof  and  within  two  hundred  (200) 
feet  of  the  northwest  corner  of  lot  one  (1)  in  block  fifty-three  (53)  in 
the  Notre  Dame  addition  aforesaid;  thence  through  a portion  of  said 
lot  one  (1)  to  some  point  within  twenty  (20)  feet  of  the  northeast  corner 
of  said  lot  one  (1),  thence  diagonally  across  Manistee  avenue  and  105th 
street  to  a point  on  the  south  line  of  block  forty-eight  (48)  of  the  Notre 
Dame  addition  aforesaid,  within  the  east  two  hundred  and  fifty  (250) 
feet  of  the  said  south  line  of  block  forty-eight  (48);  thence  through  a 
portion  of  said  block  forty-eight  (48)  to  the  west  line  of  Muskegon 
avenue  and  within  the  south  one  hundred  and  twenty  (120)  feet  of  said 
block  forty-eight  (48);  thence  diagonally  across  Muskegon  avenue  to 


554 


RAILROADS. 


[§  284 


a point  on  the  east  line  of  Muskegon  avenue  between  a point  one 
hundred  and  ninety-four  (194)  feet  north  of  the  north  line  of  105th  street 
extended  and  a point  one  hundred  and  twenty-five  (125)  feet  north  of 
such  north  line  extended.  Said  track  to  be  laid  upon  any  ground  now 
owned,  or  that  may  hereafter  be  acquired  by  said  railway  company, 
upon  the  line  of  said  route  and  upon  and  across  all  streets  and  alleys 
on  or  along  said  route  as  above  provided.  And  authority  and  permis- 
sion are  hereby  granted  to  said  railway  company  to  lay  down  at  any 
and  all  times  hereafter  proper  connections  with  any  railroad  or  rail- 
roads which  may  be  crossed  or  intersected  along  or  upon  said  route. 

If  2.  Use  of  streets — repairs.]  § 2.  The  said  railway  com- 
pany may  occupy  any  part  of  any  street,  highway  or  alley,  upon  the 
route  described  in  the  first  section  of  this  ordinance,  by  laying  its  track 
in  such  manner  as  shall  be  necessary,  but  said  track  shall  be  laid  in 
such  manner  as  to  interfere  as  little  as  practicable  with  the  use  of  such 
street  by  teams  and  pedestrians,  and  said  railway  company  shall  at  all 
times  keep  said  track  in  such  condition  as  to  allow  the  free  passage  of 
vehicles  crossing  it. 

If  3.  Indemnity.]  § 3.  The  privileges  and  authority  hereby 
granted  to  said  railway  company  are  granted  upon  the  express  con- 
dition that  said  company,  its  successors,  grantees,  lessees  and  assignees, 
shall  forever  indemnify  and  save  harmless  the  village  of  Hyde  Park 
against  and  from  any  and  all  damages,  judgments,  decrees,  costs  and 
expenses  of  the  same,  which  it  may  suffer  or  which  may  be  obtained 
against  such  village  by  reason  of  the  granting  of  said  privileges  or 
authority  or  by  reason  of  the  exercise  by  said  railway  company  or  by 
its  lessees  or  assignees  of  the  privileges  so  granted. 

If  4.  Bond — conditions.]  § 4.  This  ordinance  shall  not  take 

effect  until  after  such  railway  company  shall  enter  into  a bond  to  said 
village  of  Hyde  Park  in  the  penal  sum  of  $25,000,  conditioned  for  the 
payment  of  all  damages  for  which  said  village  may  become  liable  to  any 
person  or  persons  by  reason  of  the  said  road  entering  or  running 
through  the  portion  of  said  village  aforesaid,  or  by  reason  of  said  com- 
pany constructing,  laying  down  and  operating  said  track  within  said 
village,  and  conditioned  also  for  the  payment  of  all  damages  which 
may  arise  to  said  village  of  Hyde  Park  on  account  of  any  judgment 
obtained  against  said  village  by  any  person  or  persons  whomsoever,  by 
reason  of  said  railway  company  constructing,  laying  down  or  oper- 
ating said  track,  or  the  occupation  of  said  streets  or  alleys  within  the 
said  village  of  Hyde  Park. 

If  5.  Acceptance.]  § 5.  Said  railway  company  shall  notify 
this  village  within  thirty  days  from  the  passage  of  this  ordinance  of 
the  acceptance  of  the  privileges  and  conditions  herein  provided  for. 

If  6.  Time  for  completion.]  § 6.  The  privileges  and  author- 
ity hereby  granted  are  upon  the  further  express  condition  that  said 


§ 285]  CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANY.  555 

railway  company  shall  complete  the  construction  of  said  track  within 
eighteen  months  from  and  after  the  passage  of  this  ordinance. 

§ 285.  Chicago,  Rock  Island  & Pacific  Railway  company. 

Tf  1.  Ordinance  in  relation  to  contract. 

2.  Contract  in  writing. 

An  ordinance  to  the  extension  of  the  12th  street  viaduct  by  the  Chicago, 
Rock  Island  & Pacific  Railway  company  and  the  settlement  of  damages  in 
relation  thereto.  (Passed  July  18,  1887.) 

1 1.  Ordinance  in  relation  to  contract.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § i.  That  the  mayor  and 
comptroller  of  the  city  of  Chicago  is  hereby  authorized  to  execute  in 
the  name  of  and  in  behalf  of  the  city,  a contract  with  the  Chicago,  Rock 
Island  & Pacific  Railway  Company,  whereby  it  shall  be  substantially 
agreed  by  and  between  the  said  city  and  the  said  railway  company: 

1.  On  the  part  of  said  company,  that  it  will  construct,  at  its  own 
expense,  an  extension  of  the  viaduct  now  established  on  Twelfth  street 
in  said  city,  west  of  Clark  street,  from  the  west  end  thereof  to  a con- 
nection with  the  bridge  across  the  Chicago  river  at  said  Twelfth  street, 
first  removing  the  structure  of  wood  now  situated  on  said  portion  of 
said  street,  as  well  as  the  approach  to  said  bridge;  said  extension  to 
be  of  like  material,  plan  and  construction  as  that  portion  of  the  via- 
duct now  completed  immediately  west  of  Clark  street,  also  that  it  will, 
from  time  to  time,  make  such  reasonable  repairs  of  that  portion  of  said 
viaduct,  to  be  by  it  constructed,  as.  shall  be  required  by  the  commis- 
sioner  of  public  works  of  the  city  of  Chicago,  and  also,  that  it  will  re- 
lease and  discharge  the  city  of  Chicago  from  liability  for  any  and  all 
damages  which  have  been  or  may  be  sustained  because  of  the  construc- 
tion of  said  viaduct,  by  any  property  which  has  been  or  shall  be  owned 
by  it,  abutting  that  portion  of  Twelfth  street  covered  by  the  proposed 
extension. 

2.  On  the  part  of  the  city  of  Chicago,  that,  it  grants  to  the  rail- 
way company  and  to  its  successors,  forever,  the  right  to  enter  upon 
that  portion  of  Twelfth  street  situated  between  a line  distant  westerly 
two  hundred  and  ninety-two  feet  from  and  parallel  with  the  west  line 
of  Clark  street  and  the  south  branch  of  the  Chicago  river;  to  remove 
therefrom  the  wooden  structure  and  the  east  approach  to  Twelfth 

j street  bridge  now  situated  thereon,  and  appropriate  the  material  com- 
posing the  same  to  its  own  use,  to  construct  the  extension  of  the  viaduct 
as  provided  in  the  preceding  paragraph,  and  to  construct  on,  along 
and  across  said  portion  of  said  street  railway  tracks,  side  tracks,  turn 
; outs,  switches  and  other  structures  appurtenant  to  its  railway,  in  its 
; own  discretion,  and  to  maintain  and  operate  the  same  forever.  Also 
that  the  city  of  Chicago  will  pay  to  the  said  railway  company  the  sum 
of  $20,000  upon  the  completion  of  the  extension  of  said  viaduct. 

T 2.  Contract  in  writing.]  § 2.  Said  contract  shall  also  fix 
a reasonable  time  to  be  agreed  upon  by  and  between  the  mayor  and 
said  railway  company,  within  which  such  extension  of  the  viaduct  shall 


556 


RAILROADS. 


[§§  286,  287 


be  completed.  Said  contract  shall  be  reduced  to  writing  and  executed 
by  the  proper  officers  of  said  city  ‘and  company  and  over  the  several 
corporate  seals  of  the  parties  thereto. 

§ 286.  Chicago,  Rock  Island  & Pacific  Railway  company. 

T[  1.  Grant — route. 

An  order  passed  by  the  highway  commissioners  of  the  town  of  Calumet  authoriz- 
ing the  Chicago,  Rock  Island  & Pacific  Railway  company  to  construct, 
maintain  and  operate  a line  of  railroad  in  the  town  of  Calumet.  (Passed 
February  14,  1888.) 

IF  1.  Grant — route.]  “It  is  hereby  ordered  bv  the  commis* 
sioners  of  the  town  of  Calumet,  in  Cook  county,  in  the  state  of  Illinois, 
that  license  and  permission  be  and  the  same  are  hereby  given  to  the 
Chicago,  Rock  Island  and  Pacific  Railway  Company,  a corporation 
organized  under  the  laws  of  the  states  of  Illinois  and  Iowa,  to  construct 
and  forever  afterwards  to  maintain  and  operate  with  steam  power  a 
line  of  railroad  with  single  or  double  track  in,  along,  across  or  upon 
(as  may  be  necessary),  the  roads,  highways,  streets  and  alleys  in  said 
town  intersected,  touched  or  passed  over  by  the  following  route  for 
such  proposed  railroad  namely : 

Beginning  at  a point  in  the  main  line  right  of  way  of  said  rail- 
way company,  at  or  near  88th  street,  thence  by  a curve  to  a point  in 
89th  street  between  Hillsdale  avenue  and  Glenwood  avenue,  thence 
west  along  and  upon  said  89th  street  to  or  near  Ashland  avenue,  thence 
by  a curve  upon  a radius  of  1,432.69  feet  to  a point  due  west  of  the 
quarter  section  corner  between  sections  five  and  six,  thence  in  a south- 
erly direction  to  a point  in  the  south  line  of  said  section  six,  midway  be- 
tween the  east  and  west  lines  of  the  southeast  quarter  of  said  section  6. 

This  grant  is  subject  to  the  observance  by  said  company  of  all  the 
laws  of  this  state  of  Illinois.” 

§ 287.  Chicago,  Rock  Island  & Pacific  Railway  company. 

Tf  1.  Grant — route. 

I2,  Use  of  streets. 

^1  3.  Street  crossings — extension  of  streets — stops. 

^ 4.  Indemnity. 

% 5.  Subject  to  general  laws. 

^ 6.  Acceptance. 

An  ordinance  granting  a right  of  way  to  the  Chicago,  Rock  Island  & Pacific 
Railway  company  in  the  village  of  Washington  Heights.  (Passed  March  5, 
1888.  Approved  March  10,  1888.  Accepted  March  19,  1888.) 

T 1.  Grant— route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Washington  Heights:  § 1.  That  permis- 

sion be  and  the  same  is  hereby  granted  to  the  Chicago,  Rock  Island 
and  Pacific  Railway  Company  to  locate,  construct  and  forever  hereaiter 
maintain  and  operate  with  steam  power,  a line  of  railroad  with  a single 
or  double  track  along  the  following  route  in  the  village  of  Wash- 
ington Heights,  beginning  at  a point  in  Center  avenue  (said  Center 
avenue  being  also  called  Wood  street),  on  the  center  line  of  95th  street, 


§ 288]  CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANY.  557 

thence  running  southerly  within  the  middle  twenty-five  feet  of  said 
Center  avenue,  to  a junction  with  the  present  dummy  line  of  said  rail- 
way company  now  crossing  said  Center  avenue,  said  track  or  tracks 
to  be  laid  within  the  center  twenty-five  feet  of  said  Center  avenue  to 
99th  street,  and  thence  southerly  diverging  slightly  westerly  in  order 
to  make  proper  connections  with  said  Dummy  line  as  herein  proposed, 
and  authority  and  permission  are  also  hereby  granted  to  the  said  rail- 
way company  to  construct  and  forever  maintain  proper  connections 
with  the  said  Dummy  line. 

If  2.  Use  of  streets.]  § 2.  The  said  Chicago,  Rock  Island 
and  Pacific  Railway  Company  may  occupy  any  street,  highway,  or 
alley,  or  any  part  of  any  highway,  street  or  alley,  along  the  route  de- 
scribed in  the  first  section  of  this  ordinance  by  laying  its  tracks  across, 
upon,  along,  and  in  the  same  in  such  manner  as  shall  be  necessary  to 
construct,  maintain  and  operate  its  said  railway,  as  provided  in  the 
first  section  hereof. 

f 3.  Street  crossings— extension  of  streets— stops.]  § 3.  By 

the  acceptance  of  this  ordinance  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  will  undertake  to  construct  and  keep  in  good  con- 
dition all  crossings  of  streets  which  are  now,  or  may  hereafter  be  laid 
out  across  said  track  or  tracks  at  the  grade  of  its  roadbed  within  the 
limits  mentioned,  and  that  it  will  without  compensation  permit  streets 
to  be  laid  across  said  tracks;  that  all  suburban  passenger  trains  on  said 
railway  shall  make  stops  for  the  accommodation  of  passengers  at  95th 
street  and  99th  street,  along  the  said  proposed  route. 

*[  4.  Indemnity.]  § 4.  By  such  acceptance  the  said  Chicago, 
Rock  Island  and  Pacific  Railway  Company  will  undertake  to  indemnify 
and  save  harmless  the  village  of  Washington  Heights,  from  any  and 
all  damages,  judgments,  decrees  and  costs  which  may  arise  against 
said  village  by  reason  of  the  granting  of  such  privileges  in  and  by  the 
passage  of  this  ordinance;  Provided,  it  shall  have  due  notice  of  the 
pendency  of  and  a reasonable  opportunity  to  defend  against  the  suit 
in  which  such  judgment  and  decree  may  be  rendered. 

1 5.  Subject  to  general  laws.]  § 5.  This  ordinance  and  the 
privileges  herein  granted  are  subject  to  all  the  general  laws  of  the  vil- 
lage of  Washington  Heights,  in  relation  to  railroads  now  in  force. 

IF  6.  Acceptance.]  § 6.  Said  railway  company  shall  notify 
this  village  within  sixty  days  from  the  passage  hereof  of  the  accept- 
ance of  this  ordinance. 

Note.  See  following  agreement. 

§ 288.  Chicago,  Rock  Island  & Pacific  Railway  company. 

1.  Agreement  relative  to  foregoing  ordinance. 

* 1.  Agreement  relative  to  foregoing  ordinance.]  Memor- 
andum of  agreement  between  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  and  the  village  of  Washington  Heights.  Said  vih 


558 


RAILROADS. 


[§  289 


lage  having  heretofore  passed  an  ordinance  granting  right  of  way  to 
said  railway  company  on  Wood  street,  therefore,  in  consideration  of 
said  acquired  grant,  the  said  railway  company  agrees,  if  it  abandons 
its  right  of  wav  and  ceases  to  run  suburban  trains  on  that  part  of  its 
present  dummy  line  between  so-called  Dummy  Junction  and  Wood 
street,  it  will  take  up  and  remove  its  track  between  said  points,  and 
for  the  first  year  after  such  abandonment,  to  run  trains  on  its  main 
track  (if  the  passenger  trains  now  operated  between  Blue  Island  and 
Chicago  shall  continue  to  be  operated  as  at  present),  as  follows: 
Special  trains  from  South  Englewood  to  Washington  Heights  con- 
necting at  South  Englewood  with  trains  now  known  as  Nos.  35,  39,  57 
and  61,  or  will  run  one  of  these  trains  wholly  via:  the  main  line,  the 
other  special  train  to  make  connections  as  stated,  and  special  trains 
from  Washington  Heights  to  South  Englewood,  connecting  with 
trains  now  known  as  Nos.  36,  38,  46,  44  and  66,  or  will  run  one  of 
these  trains  wholly  via:  the  main  line,  and  the  others  to  make  con- 

nections as  stated.  Trains  known  as  N.os.  7,  8,  and  10,  if  maintained, 
shall  stop  at  95th  and  99th  streets;  it  will  also  for  the  same  period 
run  one  Sunday  train  on  the  main  line  to  Chicago  in  the  forenoon,  re- 
turning in  the  afternoon,  connecting  at  South  Englewood  each  way, 
and  from  time  to  time  thereafter  the  company  will  make  such  reason- 
able arrangements  for  the  accommodation  of  the  public  on  its  main 
line  as  the  then  exigencies  of  the  case  may  require. 

The  said  company  also  agrees  to  erect  a station  house  at  or  near 
99th  street  and  its  main  line  tracks,  and  to  make  improvements  in  the 
depot  at  Washington  Heights  early  in  the  season,  and  that  commuta- 
tion tickets  will  be  good  and  may  be  used  on  both  lines  to  95th,  99th 
streets  and  Tracy  avenue. 

It  is  expressly  understood  that  all  subsisting  contracts  between 
said  railway  company  and  said  village  are,  except  so  far  as  the  same 
may  be  evidenced  by  ordinances  set  out  in  this  memorandum.  r 
In  witness  whereof  the  parties  hereto  have  caused  their  proper 
signatures  to  be  attached  hereto  the  5th  day  of  March,  A.  D.  1888. 

THE  CHICAGO,  ROCK  ISLAND  AND  PACIFIC  RAILWAY 
COMPANY, 

By  R.  R.  CABLE,  President. 

Attest:  W.  G.  PURDY,  Secretary. 

§ 289.  Chicago,  Rock  Island  & Pacific  Railway  company. 

Tf  1.  Grant— tracks  across  Taylor  street. 

2.  Grant — tracks  across  Stowell  street,  etc. 

Y 3.  Use  of  land  under  Twelfth  street  viaduct  fire  risk. 

% 4.  Conditions  of  grant. 

5.  When  in  force. 

An  ordinance  authorizing  the  Chicago,  Rock  Island  & Pacific  Railway  company 
to  lay  down,  maintain  and  operate  two  additional  tracks  in  Taylor  Street, 
etc.  (Passed  May  28,  1888.  Accepted  June  4,  1888.) 


§ 289]  CHICAGO,  ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANY.  559 

f 1.  Grant— tracks  across  Taylor  street.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § i.  That  permission  and 

authority  be  and  are  hereby  given  to  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company  to  lay  down,  maintain  and  operate  two  ad- 
ditional tracks  across  Taylor  street,  between  Pacific  avenue  and  Fifth 
avenue,  upon  terms  and  conditions  hereafter  named. 

f 2.  Grant— tracks  across  Stowell  street,  etc.]  § 2.  That 
permission  and  authority  be  and  are  hereby  given  to  the  Chicago,  Rock 
Island  and  Pacific  Railway  Company,  to  maintain,  operate  and  lay 
down,  either  at  right  angles  or  diagonally,  such  tracks  across  Stowell 
street  as  the  said  company  may  deem  necessary  for  the  transaction  of 
its  business;  also  permission  and  authority  are  hereby  given  to  lay 
down,  maintain  and  operate  such  tracks  over,  across,  along  and  upon 
the  alley  in  block  106,  in  Stowell’s  subdivision  of  blocks  106  and  107, 
School  section  addition  to  the  city  of  Chicago,  in  section  16,  township 
39,  north  range  14,  as  the  said  company  may  deem  necessary  for  the 
transaction  of  its  business.  Such  tracks  shall  only  be  laid  where  the 
Chicago,  Rock  Island  and  Pacific  Railway  Company  own  or  control 
the  land  on  each  side  of  said  Stowell  street,  and  said  alley  in  said  block 
106;  said  tracks  shall  only  be  located  west  of  a line  drawn  two  hundred 
and  ninety  (290)  feet  west  of  and  parallel  with  the  west  line  of  Clark 
street.  All  rights  given  by  this  section  are  subject  to  the  terms  and 
conditions  hereinafter  named. 

3.  Use  of  land  under  Twelfth  street  viaduct — fire  risk.] 

§ 3.  The  Chicago,  Rock  Island  and  Pacific  Railway  Company  shall 
have  the  right  to  use  all  of  the  land  and  space  under  the  viaduct  au- 
thorized by  an  ordinance  hereinafter  specifically  referred  to,  not  oc- 
cupied by  the  supports  and  piers  of  said  viaduct.  The  city  of  Chicago 
and  the  Chicago,  Rock  Island  and  Pacific  Railway  Company  assume 
all  risks  of  fire,  and  no  damage  shall  be  recovered  by  the  said  city,  from 
. said  company,  for  damage  by  fire  to  said  viaduct  at  Fifth  avenue,  and 
no  damage  shall  be  recovered  by  said  company,  from  the  said  city,  for 
damage  by  fire  to  their  buildings  and  property  at  the  said  locality. 

1 4.  Conditions  of  grant.]  § 4.  The  said  rights  and  privi- 
leges are  given  upon  the  express  condition  that  when  the  final  order 
is  entered  in  certain  condemnation  proceeding,  under  the  provisions 
of  an  ordinance  entitled  “An  ordinance  for  the  condemnation  of  prop- 
erty and  easement  or  right  of  way  for  approaches  to  the  Twelfth  street 
viaduct”  then,  The  Chicago,  Rock  Island  and  Pacific  Railway  Com- 
pany shall  immediately  be  entitled  to  exercise  all  rights  and  privileges 
given  by  this  ordinance. 

If  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  the  date  of  its  passage. 


560 


RAILROADS. 


§ 290.  Chicago,  Rock  Island  & Pacific  Railway  company. 

!i.  Extending  Eighty-third  street — planks  at  crossing. 

2.  Damages — company  released  from  opening  other  streets. 

3.  Acceptance — when  in  force. 

An  ordinance  extending  Eighty-third  street  across  the  tracks  of  the  Chicago, 
Rock  Island  & Pacific  Railway  company.  (Passed  December  23,  1889. 
Accepted  January  n,  1890.) 

1 1.  Extending  Eighty-third  street— planks  at  crossing.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

Eighty-third  street  be,  and  the  same  is  hereby,  extended  across  the 
right  of  way  and  tracks  of  the  Chicago,  Rock  Island  and  Pacific  Rail- 
way Company  and  the  company  is  hereby  directed  to  lay  and  put  in 
the  necessary  planking  for  its  tracks  to  enable  travel  to  freely  pass 
upon  said  street,  and  make  said  crossing  safe  and  convenient  for  travel. 

1 2.  Damages — company  released  from  opening  other  streets.] 
§ 2.  In  consideration  of  the  above  conditions  to  be  performed  by  the 
said  railway  company,  and  the  waiver  by  said  railway  company  of  any 
claim  for  damages  arising  from  the  occupancy  of  their  tracks  or  right 
of  way  for  Eighty-third  street,  it  is  further  agreed  that  said  railway 
company  shall  be  released  from  the  opening,  extending,  maintaining, 
and  policing  of  other  streets  at  crossing  of  their  tracks  within  one- 
fourth  of  a mile  on  either  side  of  said  Eighty-third  street  crossing. 

T 3.  Acceptance — when  in  force.]  § 3.  This  ordinance 
shall  be  in  force  and  effect  when  said  Chicago,  Rock  Island  and  Pacific 
Railway  Company  shall  file  their  written  acceptance  of  the  same  with 
the  city  clerk ; Provided,  that  if  said  acceptance  shall  not  be  filed  with- 
in thirty  (30)  days  of  the  passage  of  this  ordinance,  then  the  same  shall 
be  null  and  void. 

§ 291.  Chicago,  Rock  Island  & Pacific  Railway  company. 

T[  1.  Grant — route. 

2.  When  in  force. 

An  ordinance  granting  certain  rights  to  the  Chicago,  Rock  Island  & Pacific  Rail 
way  company  in  the  village  of  Fern  wood.  (Passed  April  14,  1891.) 

1"  1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 

of  trustees  of  the  village  of  Fernwood:  § 1.  Permission  and  authori- 

ty is  hereby  granted  to  the  Chicago,  Rock  Island  and  Pacific  Railway 
Company,  its  successors  and  assigns,  to  construct,  lay  down,  and  for- 
ever maintain  and  operate  one  additional  track  within  its  right  of  way 
over  and  across  all  streets  and  alleys  lying  within  said  village  of  Fern- 
wood,  and  between  the  west  line  of  Halsted  street  and  the  east  line  of 
Stewart  avenue.  Provided  that  said  railway  company  shall,  at  the 
same  time,  construct  and  provide  suitable  street  crossings  and  here- 
after maintain  the  same  in  good  condition. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


561 


§ 292]  CHICAGO  & SOUTH  ATLANTIC  RAILROAD  COMPANY. 

CHICAGO  & SOUTH  ATLANTIC  RAILROAD  COMPANY. 

§ 292.  Chicago  & South  Atlantic  Railroad  Company. 

1 . Grant — route. 

2.  Street  crossings — repair  of  Center  avenue. 

3.  Maintenance  of  tracks — motive  power. 

^ 4.  Subject  to  ordinances. 

^ 5.  Erection,  etc.,  of  viaducts. 

6.  Indemnity. 

7.  Depots — fare. 

8.  Side  tracks — regulations  concerning. 

^ 9.  Joint  user  by  other  companies. 

^ .o.  Condition  as  to  construction. 

Tf  11.  When  in  force — acceptance. 

An  ordinance  granting  right  of  way  to  the  Chicago  & South  Atlantic  Railroad 
company  in  the  town  of  Lake.  (Adopted  September  29,  1874.) 

1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 

of  the  town  of  Lake:  § 1.  That  permission  and  authority  be,  and 

the  same  are  hereby  given  and  granted  the  Chicago  and  South  Atlan- 
tic Railroad  Company,  to  lay  down,  maintain  and  operate  a double 
track  railroad  along  and  upon  the  following  described  route  and  street 
in  the  town  of  Lake,  Cook  county,  Illinois,  viz:  Commencing  at  the 

south  limits  of  said  town  on  Center  avenue,  thence  northerly  along 
and  upon  the  central  portion  of  said  street  to  the  north  limits  of  said 
town,  provided  said  railroad  tracks,  including  the  space  between  them, 
shall  not  occupy  exceeding  eighteen  feet  of  the  width  of  said  street 
(Center  avenue)  as  used  in  this  ordinance  shall  apply  to  and  include 
any  and  all  streets  or  parts  of  streets  located  on  the  north  and  south 
half  section  lines  of  sections  32,  29,  20,  17,  8 and  5 in  said  town  of 
Lake  running  parallel  to  Halsted  street. 

1 2.  Street  crossings— repair  of  Center  avenue.]  § 2.  Said 
railroad  company  may  cross  any  and  all  streets  and  alleys  and  rail- 
road tracks  upon  or  along  the  line  of  said  route,  said  company  to  be 
subject  to  the  direction  of  the  board  of  trustees  of  said  town  in  the 
construction  of  their  said  tracks,  and  the  keeping  in  repair  of  so  much 
of  said  streets,  alleys  and  crossings  as  may  be  occupied  by  said  rail- 
road company  with  their  tracks,  switches  and  turn-outs,  and  shall  for- 
ever maintain  and  keep  in  repair  said  Center  avenue,  under  the  super- 
vision and  direction  of  said  board,  and  hereafter  when  any  other  rail- 
road company  or  companies  may  be  granted  by  said  town  board  the 
right  of  way  upon  and  along  said  avenue  or  any  portion  thereof,  said 
other  railroad  company  or  companies  shall  be  made  subject  to  the 
provisions  of  this  section  jointly  with  the  said  Chicago  and  South 
Atlantic  Railroad  Company. 

r 3.  Maintenance  of  tracks-  motive  power.]  § 3.  The  said 
railroad  company  may,  and  it  is  hereby  authorized  to  lay  down,  main- 
tain and  operate  said  railroad  tracks,  with  such  turn-outs,  side  tracks, 
switches  and  turn-tables  as  they  shall  deem  necessary,  over  or  across 


562 


RAILROADS. 


[§  292 


any  land  which  they  may  acquire  upon  the  line  of  said  route  or  street, 
either  by  purchase,  condemnation  or  otherwise;  and  the  said  railroad 
company  may  use  and  operate  the  railroad  tracks  hereby  authorized 
to  be  laid,  with  locomotive  engines  and  cars,  or  with  horse  or  other 
animal  power  as  they  shall  deem  proper,  subject  to  all  ordinances  of 
the  town  of  Lake,  applicable  to  railroads  similarly  situated. 

1 4.  Subject  to  ordinances.]  § 4.  The  said  railroad  com- 
pany shall  be  subject  to  all  general  laws  and  ordinances  of  the  board 
of  trustees  of  said  town  of  Lake,  in  relation  to  railroads. 

1 5.  Erection,  etc.,  of  viaducts.]  § 5.  The  permission,  au- 
thority and  privileges  hereby  granted  are  upon  the  express  condition 
that  the  said  railroad  company  shall  erect  and  maintain  viaducts  over 
any  of  their  said  tracks,  or  any  streets  or  street  of  said  town  which 
may  be  crossed  by  their  said  tracks,  where  and  as  the  board  of  trustees 
of  said  town  may  from  time  to  time  require,  and  erect  and  construct 
the  approaches  to  all  such  viaducts  with  proper  access  on  either  side  of 
such  approaches:  and  provided,  however,  that  where  any  such  via- 
ducts cannot  be  built  at  any  such  street  crossings,  without  the  same 
be  built  over  the  track  or  tracks  of  some  other  railroad  company  or 
companies,  then  the  said  Chicago  and  South  Atlantic  Railroad  Com- 
pany shall  only  be  obliged  to  join  said  company  or  companies  in  the 
construction  and  maintenance  of  such  viaduct,  and  pay  their  fair  pro- 
portion of  the  cost  of  such  viaduct  or  viaducts,  and  if  such  other  rail- 
road company  or  companies  shall  not  join  in  the  erection  of  such 
viaduct,  then  if  the  proportion  of  such  other  company  or  companies 
shall  be  otherwise  provided,  the  Chicago  and  South  Atlantic  Railroad 
Company  shall  pay  their  fair  proportion  of  the  cost  of  any  such  via- 
duct or  viaducts;  and  should  the  board  of  said  town,  after  the  erec- 
tion of  any  such  viaducts  as  aforesaid,  grant  the  right  of  way  along  and 
upon  said  Center  avenue,  where  any  such  viaduct  shall  have  been  con- 
structed, to  any  other  railroad  company  or  companies,  said  grant  shall 
be  accompanied  with  the  condition  and  provision  that  said  railroad 
company  or  companies  shall  reimburse  the  said  Chicago  and  South 
Atlantic  Railroad  Company  a fair  proportion  of  its  costs  of  said  via- 
duct or  viaducts,  and  shall  be  obliged  to  join  said  company  in  the  erec- 
tion and  maintenance  of  any  subsequent  viaduct  or  viaducts,  as  pro- 
vided in  this  section  of  this  ordinance. 

T 6.  Indemnity.]  § 6.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railroad 
company  shall  and  will  forever  indemnify  and  save  harmless  the  town 
of  Lake  against  and  from  any  and  all  damages,  judgments,  decrees, 
and  costs  and  expenses  of  the  same  which  it  may  suffer,  or  which  may 
be  recovered  or  obtained  against  said  town,  for  or  by  reason  of,  or 
growing  out  of,  or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by  said  com- 
pany of  the  privilege  hereby  granted. 


292]  CHICAGO  & SOUTH  ATLANTIC  RAILROAD  COMPANY. 


563 


f 7.  Depots — fare.]  § 7.  The  privilege  and  authority  here- 

by granted  are  so  granted  upon  the  further  express  conditions  that  the 
said  railroad  company  shall  erect  and  complete,  simultaneously  with 
the  completion  of  their  tracks  on  said  Center  avenue,  and  maintain 
a suitable  passenger  depot  building  at  each  intersection  of  the  follow- 
ing streets  with  said  avenue,  viz.:  at  or  near  39th  street,  at  47th  street, 
55th,  63d,  71st,  79th  and  87th  streets,  at  which  depots,  respectively,  all 
accommodation  trains  of  said  railroads  to  and  from  Chicago  shall 
stop,  and  at  said  depots  at  or  near  39th  street  and  at  63d  street  all  pas- 
senger trains  to  and  from  said  city  shall  stop,  and  to  and  from  all  said 
depots,  respectively,  said  company  shall  issue  commutation  tickets  tor 
ten  fares  at  a rate  not  exceeding  one  cent  per  mile.  Said  accommo- 
dation trains  shall  number  at  least  two  each  way  daily,  and  run  at  such 
hours  as  the  board  of  the  town  of  Lake  may  prescribe. 

I 8.  Side  tracks— regulations  concerning.]  § 8.  The  per- 
mission and  authority  herein  granted  are  upon  the  further  express 
condition  that  said  railway  company  shall  permit  any  corporation,  per- 
son or  persons  duly  authorized  by  ordinance  of  said  town  to  construct 
side  tracks  to  intersect  any  track  or  tracks  of  said  railroad  company 
within  the  limits  of  said  town  for  the  purpose  of  conveying  property 
to  and  from  such  railroad  to  any  warehouse,  lumber  yard,  coal  yard  or 
manufactory  within  one  thousand  feet  of  said  railroad,  and  upon  rea- 
sonable compensation  being  made  therefor,  shall  at  all  times  permit 
the  owners  or  lessees  of  any  such  side  tracks,  or  the  consignees  of  any 
property,  to  take  the  cars  containing  such  property  to  him  or  them 
consigned  to  any  such  warehouse,  lumber  yard,  coal  yard  or  manu- 
factory situated  upon  any  such  side  tracks;  and  any  such  owner, 
lessee,  or  person  conducting  or  carrying  on  any  such  warehouse,  lum- 
ber yard,  coal  yard,  or  manufactory  shall  be  entitled  to  have  any  prop- 
erty taken  from  any  such  warehouse,  lumber  yard,  coal  yard  or  man- 
ufactory, over  any  such  side  track  to  and  upon  the  track  of  said  rail- 
road,. under  the  direction  and  regulations  of  said  railroad  company, 
without  unreasonable  delay:  provided,  however,  that  any  cars  so  tak- 
en, shall  be  returned  without  unreasonable  delay. 

IT  9.  Joint  user  by  other  companies.]  § 9.  The  privileges 
authorized  herein,  are  granted  upon  the  further  express  condition  that 
the  Chicago  and  South  Atlantic  Railroad  Company  has  permission 
and  option  to  grant  any  other  railroad  seeking  an  entrance  into  the 
city  of  Chicago,  the  use  of  the  tracks  hereby  authorized  to  be  laid  on 
the  street  herein  named  jointly  with  the  said  Chicago  and  South  At- 
lantic Railroad  Company,  and  to  lay  down  tracks  upon  and  across 
any  lands  owned,  leased  or  occupied  by  the  said  Chicago  and  South 
Atlantic  Railroad  Company,  when  necessary  to  the  exercise  of  the 
privileges  granted  upon  such  fair  and  equitable  terms  as  may  be  agreed 
upon  by  said  companies,  and  such  other  railroad  company  which  may 
be  allowed  the  use  of  said  tracks  shall  have  the  same  privileges  to  run 


564 


RAILROADS. 


[§  293 


cars  upon  and  across  said  streets  and  alleys  as  are  herein  granted  to 
said  Chicago  and  South  Atlantic  Railroad  Company,  and  shall  be  sub- 
ject to  all  the  conditions,  restrictions  and  terms  contained  in  this  ordi- 
nance. 

1 10.  Condition  as  to  construction.]  § 10.  The  privilege 

and  authority  hereby  granted  are  so  granted  upon  the  further  express 
condition:  The  tracks  authorized  by  this  ordinance  shall  be  laid  down 
and  constructed  before  January  1st,  1876,  and  in  operation  from  its 
general  passenger  depot  in  the  city  of  Chicago,  through  the  town  of 
Lake,  in  the  street  herein  designated,  the  tracks  hereby  authorized 
with  the  accommodation  trains  as  aforesaid  all  the  rights  and  privi- 
leges granted  by  this  ordinance  shall  on  said  1st  day  of  January,  1876, 
cease  and  terminate  and  be  null  and  void. 

T 11.  When  in  force— acceptance.]  § n.  This  ordinance 
shall  not  be  in  force,  nor  shall  any  right  or  privilege  be  acquired  or 
enjoyed  by  virtue  thereof,  until  said  railroad  company  shall  file  a 
written  acceptance  of  its  terms  and  conditions,  with  the  town  clerk 
of  said  town  of  Lake. 


CHICAGO  SOUTH  BRANCH  CANAL  COMPANY. 

§ 293.  Chicago  South  Branch  Canal  company. 

1.  Grant — district. 

][  2.  Tracks  across  streets — crossings. 

3.  Tracks  through  Green’s  south  branch  addition. 

*j[  4.  Bridges  across  south  branch  of  river — joint  use. 

5.  Motive  power — speed. 

An  ordinance  authorizing  the  Chicago  South  Branch  Canal  company  to  lay 
down  railroad  tracks  in  streets  in  west  division.  (Passed  January  5,  1857.) 

1.  Grant — district.]  Be  it  ordained  by  the  common  council 
of  the  city  of  Chicago:  § 1.  That  permission  be  and  is  hereby 
granted  to  the  Chicago  South  Branch  Canal  Company  to  construct, 
maintain  and  operate,  in  the  west  division  of  said  city,  one  or  more 
railroad  tracks,  with  all  necessary  switches,  turn-outs,  turn-tables,  in, 
upon  or  through  any  and  all  lands  owned  or  controlled  by  said  com- 
pany, between  the  air-line  railroad  track  and  South  street. 

If  2.  Tracks  across  streets — depots — crossings.]  § 2.  Said 

company  may  lay  down  said  track  or  tracks  across  any  street  within 
the  boundaries  aforesaid  wherever  any  such  street  crosses  their  in- 
tended line  of  railroad;  also  the  right  to  construct  and  use  all  depots 
necessary  to  accommodate  the  business  of  said  company;  Provided, 
that  convenient  crossings  be  made  by  said  company  where  the  said 
tracks  cross  the  line  of  streets. 


§ 294] 


CHICAGO  & SOUTHEASTERN  RAILROAD  COMPANY. 


565 


T 3.  Tracks  through  Green’s  south  branch  addition.]  § 3- 

Said  company  may  construct,  maintain  and  operate  one  or  more  rail- 
road tracks  through  or  upon  any  lands  they  own  or  control  in  Green’s 
south  branch  addition  to  Chicago;  and,  also,  occupy  such  portion  of 
the  streets  in  said  addition,  for  railroad  purposes,  as  were  provided  for 
by  reservation  in  the  record  of  the  plat  of  said  addition. 

1 4.  Bridges  across  south  branch  of  river— joint  use.]  § 4. 
Said  company  may  join  any  railroad  company  in  the  erection  and  use 
of  any  railroad  bridge  heretofore  authorized,  or  which  may  hereafter 
be  authorized,  to  be  constructed  across  the  south  branch  of  the  Chi- 
cago river,  and  the  said  South  Branch  Canal  Company,  and  any  rail- 
road company,  may  jointly  use  each  other’s  track  or  tracks,  and  bridge 
or  bridges,  within  the  city,  and  form  material  connections,  upon  such 
terms  as  may  be  agreed  upon  by  the  parties  interested. 

IT  5.  Motive  power — speed.]  § 5.  Said  company  may  run 
their  trains  by  locomotives  within  the  limits  herein  described,  at  a 
speed  not  exceeding  six  miles  per  hour,  subject  to  such  laws  and  or- 
dinances as  are  now  in  force,  or  that  may  from  time  to  time  be  passed 
by  the  common  council  of  said  city,  establishing  and  regulating  speed 
and  motive  power  within  said  city. 


CHICAGO  & SOUTHEASTERN  RAILROAD  COMPANY. 

§ 294.  Chicago  & Southeastern  Railroad  company. 

1.  Route. 

\ 2.  Grant  for  telegraph  line. 

1 3.  Plank  street  crossings. 

\ 4.  Maintenance  of  drains,  culverts,  etc. — rights  reserved. 

Y 5.  Viaducts. 

An  ordinance  granting  rights  to  the  Chicago  & Southeastern  Railroad  company 
in  the  town  of  Lake.  (Adopted  March  20,  1888.) 

IT  1.  Route.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § 1.  That  permission  and  authority  be  and  the  same 

are  hereby  granted  to  the  Chicago  & Southeastern  Railroad  Com- 
pany to  lay  down,  maintain  and  operate  upon  and  within  the  territory 
hereinafter  described  or  so  much  thereof  as  said  company  may  now 
own,  such  railroad  tracks,  with  all  the  turn-outs,  side  tracks,  out-tracks 
and  switches,  which  said  railroad  company  may  deem  necessary  or 
proper  for  its  use  for  railroad  purposes,  as  follows,  to  wit:  Commenc- 
ing at  the  intersection  of  the  east  line  of  the  right  of  way  now  occupied 
by  the  Chicago,  St.  Louis  and  Pittsburg  Railroad  and  the  south  line 
of  Seventy-first  street  or  Seventy-first  street,  extended;  thence  east 


566 


RAILROADS. 


[§  294 


along  said  south  boundary  line  of  said  Seventy-first  street  or  Seventy - 
first  street  extended,  fifty  feet;  thence  due  south  to  the  south  boundary 
line  of  Seventy-third  street,  or  Seventy-third  extended;  thence  east 
along  the  south  boundary  line  of  said  Seventy-third  street,  or  Seventy- 
third  street  extended,  four  hundred  and  thirty-four  and  two-tenths 
(434  2-10)  feet;  thence  south  to  the  south  boundary  line  of  Seventy- 
fourth  street,  or  Seventy-fourth  street  extended,  thence  east  to  the 
west  line  of  Ashland  avenue;  thence  across  Ashland  avenue  with  not 
more  than  six  tracks  to  the  east  line  of  Laflin  street;  thence  south 
along  the  east  line  of  Laflin  street  to  the  north  line  of  the  right  of 
way  now  used  by  the  Chicago  Belt  Railroad,  thence  west  along  said 
right  of  way  to  its  intersection  with  the  east  line  of  the  right  of  way 
now  occupied  by  the  Chicago,  St.  Louis  & Pittsburg  Railroad;  thence 
north  along  said  east  line  of  the  right  of  way  of  the  Chicago,  St.  Louis 
& Pittsburg  Railroad  to  the  place  of  beginning;  it  being  understood 
and  agreed  that  said  tracks  shall  be  used  solely  and  exclusively  for 
the  purpose  aforesaid,  its  successors,  lessees,  grantees  and  assigns,  and 
for  the  purpose  of  reaching  said  yards  from  the  main  line  of  the  Chi- 
cago & Western  Indiana  Railroad  on  Wallace  street,  in  said  town  of 
Lake,  permission  and  authority  are  hereby  further  granted  said  Chi- 
cago & Southeastern  Railroad  Company  to  lay  down,  maintain  and 
operate  by  steam  power,  one  or  more  railroad  tracks,  not  exceeding 
four  in  number,  on  and  along  a strip  of  land  not  more  than  fifty  (50) 
feet  in  width,  lying  immediately  north  of,  and  adjacent  to  the  right  of 
way  now  used  by  the  Chicago  Belt  Railroad  Company,  commencing 
at  the  east  line  of  the  above  described  railroad  or  switch  yard;  thence 
running  east  at  the  uniform  width  of  fifty  (50)  feet  along  the  north 
side  of  and  adjacent  to  the  right  of  way  now  used  by  said  Chicago 
Belt  Railroad  Company  to  a point  four  hundred  and  sixty-three  (463) 
feet  east  of  the  east  line  of  Halsted  street;  thence  on  a curve  south- 
easterly and  parallel  with  and  adjacent  to  the  right  of  way  now  used 
by  said  Chicago  Belt  Railroad  Company  to  an  intersection  with  the 
right  of  way  of  the  main  line  of  the  Chicago  & Western  Indiana  Rail- 
road, on  Wallace  street,  between  Seventy-fifth  (75th)  and  Seventy- 
sixth  (76th)  streets  in  said  town  of  Lake;  and  for  such  purpose  to  cross 
at  grade  any,  and  all  streets,  alleys,  and  public  highways,  it  may  be 
necessary  to  cross  to  pursue  the  route  herein  designated. 

T 2.  Grant  for  telegraph  line.]  § 2.  Permission  and  au- 
thority are  hereby  further  granted  to  the  said  Chicago  & Southeastern 
Railroad  Company  to  erect  and  operate,  for  its  use  and  benefit  on  its 
right  of  way  herein  granted  a line  of  telegraph,  subject,  however,  to 
the  present  conditions  and  provisions  of  all  ordinances  of  the  town  of 
Lake. 

IT  3.  Plank  street  crossings.]  § 3.  The  rights  and  privileges 
granted  by  this  ordinance  are  upon  the  further  express  condition  that 
the  said  Chicago  & Southeastern  Railroad  Company,  its  successors, 


§ 295]  CHICAGO  & SOUTHEASTERN  RAILROAD  COMPANY.  567 

grantees,  lessees,  and  assigns,  shall,  and  will,  plank  all  crossings  and 
build  approaches  across  its  said  right  of  way  and  maintain  the  same 
in  good  order  at  any  and  all  streets  which  now  are  crossed  by  its  said 
tracks,  and  that  said  crossings  shall  be  planked  and  approaches  built 
under  the  directions  and  to  the  satisfaction  of  the  superintendent  of 
the  department  of  public  works  of  said  town. 

^ 4.  Maintenance  of  drains,  culverts,  etc. — rights  reserved.] 
§ 4.  The  rights  and  privileges  herein  granted,  are  upon  the  further 
express  condition  that  said  Chicago  & Southeastern  Railroad  Com- 
pany, its  grantees,  lessees,  successors  and  assigns  shall  and  will  con- 
struct and  maintain  all  drains,  culverts,  sewers,  and  ditches,  that  the 
superintendent  of  the  department  of  public  works  of  the  town  of  Lake, 
may  deem  necessary,  for  carrying  off  the  water  and  sewerage  that 
may  accumulate  by  reason  of  the  construction  of  said  railroad  and  jor 
preventing  the  accumulation  of  water  and  sewerage  by  reason  of  the 
construction  of  said  railroad,  and  the  town  of  Lake  hereby  reserves 
the  right  to  construct  and  maintain  such  sewers,  gas  and  water  mains 
under  and  across  the  right  of  way  of  said  Chicago  & Southeastern 
Railroad  Company  herein  granted  as  the  superintendent  of  the  depart- 
ment of  public  works  of  said  town  may  deem  necessary. 

Tf  5.  Viaducts.]  § 5.  The  rights  and  privileges  herein  granted 
are  upon  the  further  express  condition  that  the  Chicago  & South- 
eastern Railroad  Company,  its  grantees,  lessees,  successors  and  as- 
signs, will  erect  or  cause  to  be  erected  viaducts  and  approaches  there- 
to at  all  streets  crossed  by  said  tracks,  as  the  same  may  be  required 
by  ordinance  of  the  town  board  of  the  town  of  Lake.  Provided,  that 
where  said  tracks  cross  any  street  at  or  near  the  same  place  where  the 
tracks  of  any  other  railroad  company  or  companies  cross  said  streets, 
the  said  Chicago  & Southeastern  Railroad  Company  shall  only  be 
required  to  construct  said  viaducts  and  approaches  in  conjunction  with 
such  other  railroad  company  or  companies. 

§ 295.  Chicago  & Southeastern  Railroad  company. 

1.  Across  Thirty-fourth  street— three  tracks. 

\ 2.  Bond — indemnity. 

*[[  3.  When  in  force. 

An  ordinance  concerning  the  Chicago  & Southeastern  Railroad  company. 

(Passed  November  18,  1895.) 

1 1.  Across  Thirty-fourth  street— three  tracks.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 
sion and  authority  be  and  are  hereby  granted  to  the  Chicago  & South- 
Eastern  Railroad  Company  to  extend  its  tracks  across  Thirty-fourth 
street,  between  the  westerly  side  of  Iron  street  and  the  east  side  of  the 
land  heretofore  occupied  by  Laflin  street,  but  which  street  has  been 
heretofore  vacated.  Said  railway  company  may  construct,  maintain 
and  operate  said  railway  with  not  more  than  three  tracks;  Provided, 


568 


RAILROADS. 


[§  296 


that  all  of  said  tracks  across  34th  street  shall  be  laid  down  and  main- 
tained under  the  direction  and  supervision  of  the  board  of  public  works; 
and,  Provided,  further,  that  the  Chicago  & Southeastern  Railroad 
Company,  its  successors  and  assigns,  shall  keep  such  portion  of  said 
street  as  shall  be  occupied  by  said  tracks  in  good  condition  and  repair. 

IT  2.  Bond  — indemnity.]  § 2.  This  ordinance  is  passed  upon 
the  condition  that  said  railway  company  shall  within  sixty  days  here- 
after give  bond  to  the  city  of  Chicago,  in  the  sum  of  five  thousand  dol- 
lars, with  surety  to  be  approved  by  the  mayor,  conditioned  to  comply 
with  this  ordinance,  and  all  general  railroad  ordinances  now  in  force,  or 
that  may  hereafter  be  passed;  also  to  keep  harmless  and  indemnify  the 
city  of  Chicago  from  all  damages,  costs  and  expenses  that  may  arise 
from  the  privileges  hereby  granted. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication. 


CHICAGO,  ST.  LOUIS  & PITTSBURG  RAILROAD  COM- 
PANY. 

(And  Indiana  Central  Railway  Company. ) 


§ 296. 


Chicago,  St.  Louis  & Pittsburg  Railroad  company. 

1.  Route — depression  on  Rockwell  street. 

] 2.  Motive  power — subject  to  ordinances. 

\ 3.  Viaducts — conditions  as  to  erection  of. 

\ 4.  Depot  place — wall. 

\ 5.  Subject  to  ordinances  concerning  railroads. 

\ 6 Indemnity. 

\ 7.  Adjustment  of  damages  to  property. 

\ 8.  Side  tracks. 

*j[  9.  Bridge  over  west  branch  of  south  fork  of  river — joint  user. 


An  ordinance  concerning  the  Columbus,  Chicago  & Indiana  Central  Railway 
company  and  authorizing  the  construction  and  maintenance  of  a railway. 
(Passed  April  1,  1872.) 


1 1.  Route — depression  on  Rockwell  street.]  Be  it  ordained 

by  the  common  council  of  the  city  of  Chicago : § 1.  That  permission 
and  authority  be  and  are  hereby  given  to  the  Columbus,  Chicago  and 
Indiana  Central  Railway  Company,  and  to  its  successors,  to  put  down, 
construct  and  maintain  a railroad  with  a single  or  double  track,  and  all 
necessary  switches  and  turnouts,  in  that  part  of  Rockwell  street,  in  the 
city  of  Chicago,  to-wit:  From  the  intersection  of  said  Rockwell  street 
with  the  Chicago  and  Northwestern  Railway  to  the  northern  terminus 
of  said  Rockwell  street  south  of  Kinzie  street,  thence  from  the  northern 
terminus  of  said  Rockwell  street  parallel  with  the  track  of  the  Chicago 
and  Northwestern  Railway  Company,  as  now  laid,  to  a point  where  the 


§ 296]  CHICAGO,  ST.  LOUIS  & PITTSBURG  RAILROAD  COMPANY.  569 

same  will  intersect  Kinzie  street,  but  at  no  greater  distance  from  the 
track  of  the  Northwestern  Railway  Company  than  is  hereby  authorized 
at  Rockwell  street,  and  also  upon  Kinzie  street,  from  Western  avenue 
to  Halsted  street,  and  also  upon  Depot  place,  from  Ashland  avenue 
to  Ada  street,  such  track  or  tracks  to  be  laid  on  the  west  half  of  said 
Rockwell  street,  and  as  near  as  practicable  to  the  east  line  of  the  pres- 
ent right  of  way  of  the  Chicago  and  Northwestern  railway,  and  said 
track  or  tracks  on  Kinzie  street  to  be  laid  as  near  as  practicable  to  the 
south  track  of  said  Chicago  and  Northwestern  Railway  Company,  and 
said  track  or  tracks  to  be  laid  on  the  north  side  of  said  Depot  place,  and 
with  the  wall  hereinafter  mentioned  to  occupy  no  more  than  thirty  feet 
on  the  north  side  of  Depot  place,  and  said  tracks,  switches  and  turn- 
outs shall  occupy  no  more  than  thirty  feet  of  any  of  said  streets.  And 
the  right  and  privilege  is  hereby  granted  to  said  Columbus,  Chicago 
and  Indiana  Central  Railway  Company  to  cross  all  intervening  streets 
and  alleys  between  the  points  above  designated,  subject,  however,  to 
the  direction  of  the  board  of  public  works  of  said  city  in  the  construc- 
tion of  said  tracks,  and  the  paving  and  keeping  in  repair  of  so  much 
of  said  streets,  alleys  and  crossings  as  may  be  occupied  by  said  rail- 
way company  with  its  tracks,  switches  and  turnouts;  Provided,  how- 
ever, that  said  railway  company  is  hereby  required  to  sink  its  tracks 
along  Rockwell  street  below  the  natural  surface  at  least  four  feet,  wher- 
ever there  is  no  impediment  in  the  way  of  such  depression. 

1 2.  Motive  power— subject  to  ordinances.]  § 2.  Said  Co- 
lumbus, Chicago  and  Indiana  Central  Railway  Company,  and  its  suc- 
cessors, are  hereby  authorized  to  run  their  cars  over  and  along  said 
tracks  with  steam,  or  such  other  motive  power  as  said  company  may 
deem  best,  subject,  however,  to  all  general  ordinances  of  the  city  of 
Chicago  as  to  railroad  companies  similarly  situated. 

T 3.  Viaducts— conditions  as  to  erection  of.]  § 3.  Con- 
venient crossings  shall  be  made  and  maintained  bv  said  company  where 
said  track  or  tracks  cross  any  street  or  alley  within  the  limits  of  said 
city,  according  to  the  directions  of  the  board  of  public  works  of  said 
city.  The  permission  and  authority  herein  granted  are  upon  the  ex- 
press condition  that  the  said  Columbus,  Chicago  and  Indiana  Central 
Railway  Company  shall  erect  and  maintain  viaducts  over  its  said  tracks 
at  Halsted.  Sangamon,  Lake  and  Madison  streets,  within  one  year 
from  the  passage  of  this  ordinance,  and  shall  annually  thereafter  erect 
two  viaducts  in  each  year  over  its  said  tracks,  and  the  board  of  public 
works  shall,  in  each  year,  on  or  before  the  first  day  of  January,  desig- 
nate the  streets  over  which  such  viaducts,  and  approaches  to  such  via- 
ducts shall  be  constructed,  the  same  to  be  constructed  and  maintained 
in  such  manner  as  the  said  board  of  public  works  shall  direct;  Provided, 
however,  that  the  said  viaduct  or  viaducts  shall  have  approaches  thereto 
on  either  side  thereof  with  the  proper  area  on  either  side  of  said  ap- 
proaches; said  approaches  to  have  an  elevation  of  not  more  than  one 
foot  to  every  forty  feet  in  length  thereof,  and  that  said  approaches  to 


570 


RAILROADS. 


[§  296 


said  viaducts  shall  likewise  be  erected  and  built  by  and  at  the  expense 
of  said  railroad  company;  Provided,  however,  that  where  any  such  via- 
duct cannot  be  built  at  any  such  street  crossing  without  the  same  be 
built  over  the  track  or  tracks  of  some  other  railroad  company  or  com- 
panies, then  said  company  shall  only  be  obliged  to  join  with  such  other 
last  mentioned  railroad  company  or  companies  in  the  construction  and 
maintenance  of  such  viaduct,  and  to  pay  its  fair  proportion  of  the  cost 
of  such  viaduct  or  viaducts,  and  if  such  other  railroad  company  or 
companies  shall  not  join  in  the  erection  of  any  such  viaduct,  then,  if 
the  proportion  of  such  other  company  or  companies  shall  be  otherwise 
provided,  the  said  Columbus,  Chicago  and  Indiana  Central  Railway 
Company  shall  pay  its  fair  proportion  of  the  cost  of  any  such  viaduct. 

IT  4.  Depot  place— wall.]  § 4.  Said  railway  company  shall 
have  no  right  to  lay  or  use  any  track  on  Depot  place  until  it  shall  have 
first  erected  a brick  or  stone  wall  ten  (10)  feet  in  height  and  twelve 
inches  in  thickness,  south  of  their  proposed  tracks  along  Depot  place, 
from  the  east  line  of  Ashland  avenue  to  the  west  line  of  Ada  street 
(the  south  line  of  said  wall  to  be  not  more  than  thirty  feet  south  of  the 
north  line  of  Depot  place),  said  wall  to  be  so  built  under  the  direction  of 
said  board  of  public  works,  and  be  kept  by  said  company  in  good  repair 
during  its  occupancy  of  said  Depot  place. 

T 5.  Subject  to  ordinances  concerning  railroads.]  § 5.  The 

privileges  hereby  granted  shall  be  subject  to  all  general  ordinances 
that  are  now  or  may  hereafter  be  in  force  concerning  railroads  in  the 
city  of  Chicago. 

1"  6.  Indemnity.]  § 6.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  Columbus, 
Chicago  and  Indiana  Central  Railroad  Company  shall  and  will  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  damages,  judgments,  decrees,  costs  and  expenses  of  same 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  such  privileges  and  au- 
thority, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  the  privileges  hereby  granted. 

T 7.  Adjustment  of  damages  to  property.]  § 7.  The  per- 
mission and  authority  herein  granted  are  upon  the  further  express  con- 
dition that  said  railroad  company  shall,  and  will  within  three  years  from 
the  time  that  said  company  shall  lay  down  and  construct  said  track  or 
tracks  upon  said  streets,  commence  and  prosecute  in  good  faith,  in 
some  court  of  competent  jurisdiction,  proceedings  for  the  ascertain- 
ment of  and  the  making  of  compensation  for  all  legal  damages  that 
may  be  suffered  by  any  person  or  persons  in  their  property  or  posses- 
sions by  reason  of  such  laying  down  and  construction  of  such  track  or 
tracks,  or  any  part  thereof;  and  that  having  so  commenced  such  pro- 
ceedings, said  railroad  company  shall  prosecute  the  same  in  good  faith, 


§ 296]  CHICAGO,  ST.  LOUIS  & PITTSBURG  RAILROAD  COMPANY.  571 

without  unreasonable  delay,  to  completion;  Provided,  that  this  section 
shall  not  apply  to  any  property  or  possessions  the  owner  of  or  party 
interested  in  which  shall  not  have  claimed  such  compensation  within 
said  three  years. 

1"  8.  Side  tracks.]  § 8.  The  permission  and  authority  herein 
granted  are  upon  the  further  express  condition,  to-wit:  That  said  Co- 
lumbus, Chicago  and  Indiana  Central  Railroad  Company  shall  permit 
any  corporation,  person  or  persons  duly  authorized  by  ordinance  of  said 
city  to  construct  side  tracks  to  intersect  any  track  or  tracks  of  said 
railroad  company  within  the  limits  of  said  city,  for  the  purpose  of  con- 
veying property  to  and  from  said  railroad  to  any  warehouse,  lumber 
yard,  coal  yard  or  manufactory  situated  within  one  thousand  (1,000) 
feet  of  such  railroad,  and  upon  reasonable  compensation  being  made 
therefor,  shall  at  all  times  permit  the  owners  or  lessees  of  any  such 
side  track,  or  the  consignees  of  any  property,  to  take  the  cars  contain- 
ing such  property  to  him  or  them  consigned  to  any  such  warehouse, 
lumber  yard,  coal  yard  or  manufactory,  situated  upon  any  such  side 
track;  and  that  any  such  owner,  lessee  or  person  conducting  or  carry- 
ing on  any  such  warehouse,  lumber  yard,  coal  yard  or  manufactory, 
shall  be  entitled  to  have  any  property  taken  from  any  such  warehouse, 
lumber  yard,  coal  yard  or  manufactory,  over  any  such  side  track, 
to  and  upon  the  track  of  said  railroad,  under  the  directions  and  regula- 
tions of  said  Columbus,  Chicago  and  Indiana  Central  Railroad  Com- 
pany, without  unreasonable  delay;  Provided,  however,  that  any  cars  so 
taken  shall  be  returned  without  any  unnecessary  delay. 

1 9.  Bridge  over  west  branch  of  south  fork  of  river— joint 
user.]  § 9.  The  permission  and  authority  hereby  granted  are  in 
consideration  of  and  upon  the  further  express  condition  that  said  Co- 
lumbus, Chicago  and  Indiana  Central  Railway  Company  shall  as  soon 
as  work  thereon  can  be  commenced,  and  without  unnecessary  delay, 
construct  and  forever  maintain  a swing  or  draw  bridge  across  the  west 
branch  of  the  south  branch  of  the  Chicago  river,  at  the  point  or  place 
where  the  track  of  said  company  crosses  said  stream  in  said  city  of 
Chicago;  such  bridge  or  draw  to  be  of  sufficient  length  to  admit  the 
free  passage  of  all  boats  and  vessels  navigating  said  stream ; said  bridge 
to  be  built  in  accordance  with  the  directions  of  the  board  of  public 
works  of  said  city;  and  said  permission  and  authority  are  granted  upon 
the  further  express  condition,  that  said  Columbus,  Chicago  and  In- 
diana Central  Railway  Company  shall  permit  and  allow  the  Chicago, 
Danville  and  Vincennes  Railroad  Company,  and  the  Milwaukee  and 
St.  Paul  Railroad  Company  (or  in  the  event  that  said  Chicago,  Dan- 
ville and  Vincennes  Railroad  Company,  or  said  Milwaukee  and  St. 
Paul  Railroad  Company  shall  not  accept  of  the  privileges  hereby 
granted,  then  any  other  railroad  company  in  the  place  of  the  company 
that  shall  so  decline  to  accept),  to  use  the  said  tracks  hereby  authorized 
to  be  laid,  and  also  those  authorized  to  be  laid  by  an  ordinance  of  the 
common  council  of  the  city  of  Chicago,  passed  October  8th,  1 866, 


572 


RAILROADS. 


[§  297 


entitled  “An  ordinance  concerning  the  Chicago  and  Great  Eastern 
Railway  Company/’  jointly  with  said  Columbus,  Chicago  and  Indiana 
Central  Railway  Company,  and  to  lay  tracks  upon  and  across  any 
lands  owned,  leased  or  occupied  by  said  Columbus,  Chicago  and  In- 
diana Central  Railway  Company  necessary  to  the  enjoyment  of  the 
privileges  hereby  granted,  upon  such  fair  and  equitable  terms  as  may 
be  agreed  upon  by  said  companies,  and  in  the  event  that  said  com- 
panies cannot  agree  upon  such  terms,  the  same  shall  be  settled  and 
determined  by  three  disinterested  persons,  one  to  be  selected  by  said 
Columbus,  Chicago  and  Indiana  Central  Railway  Company,  one  to  be 
named  by  such  other  company  as  may  desire  to  use  said  tracks,  and  the 
third  to  be  selected  by  the  said  two  persons,  and  the  terms  and  con- 
ditions which  shall  be  fixed  and  determined  by  said  persons  so  selected, 
or  by  a majority  of  said  persons,  shall  be  the  terms  and  conditions  upon 
which  said  companies,  respectively,  shall  use  and  occupy  said  tracks 
and  lay  tracks  upon  and  across  any  of  said  lands;  and  said  railroad 
companies,  the  Chicago,  Danville  and  Vincennes  Railroad  Company, 
and  the  Milwaukee  and  St.  Paul  Railroad  Company,  or  such  other 
railroad  company  or  companies  that  may  be  allowed  the  use  of  said 
tracks  in  the  place  of  the  said  last  named  companies,  or  either  of  them, 
shall  have  the  same  privilege  to  run  cars  upon  and  across  said  streets 
and  alleys  as  are  herein  given  to  said  Columbus.  Chicago  and  Indiana 
Central  Railway  Company,  and  shall  be  subject  to  all  the  terms  and 
conditions  and  restrictions  of  this  ordinance. 

§ 297.  Chicago,  St.  Louis  & Pittsburgh  Railroad  company. 

1.  Route — occupation  of  part  of  Ford  street  lengthwise. 

2.  Conditions. 

3.  Drains  and  ditches. 

4.  Grant  defined. 

5.  When  in  force — acceptance. 

An  ordinance  granting  right  of  way  to  the  Chicago,  St.  Louis  & Pittsburgh  Rail- 
road company  in  the  town  of  Lake.  (Passed  October  22,  1883.  Accepted 
April  5,  1884.) 

1[  1.  Route— occupation  of  part  of  Ford  street  lengthwise.] 

Be  it  ordained  by  the  trustees  of  the  town  of  Lake:  § 1.  That  per- 

mission and  authority  be  and  the  same  is  hereby  granted  to  the  Chi- 
cago, St.  Louis  and  Pittsburgh  Railroad  Company,  its  successors  and 
assigns,  to  lay  down,  maintain  and  operate  with  steam  power,  one  or 
more  railroad  tracks,  with  all  necessary  turnouts  and  switches  along 
and  upon  the  following  route  in  the  town  of  Lake,  to  wit:  Commenc- 
ing at  a point  on  the  Chicago,  St.  Louis  and  Pittsburgh  Railroad  Com- 
pany’s track  between  58th  and  Fifty-ninth  (59th)  street,  and  running 
thence  east  between  said  streets  as  near  as  possible,  so  as  to  connect 
with  the  railroad  known  as  the  Pittsburgh,  Fort  Wavne  and  Chicago 
Railway;  said  railroad  tracks  to  be  constructed  on  lands  owned  or 
acquired  by  said  company,  and  for  such  purpose  to  cross  all  interven- 
ing streets  and  alleys  with  said  track  or  tracks,  but  in  no  case  to  occupy 


§ 297]  CHICAGO,  ST.  LOUIS  & PITTSBURG  RAILROAD  COMPANY.  573 

any  street  or  alley  running  lengthwise  with  such  track  or  tracks, 
excepting  one  hundred  and  fifty  feet  on  Ford  street  as  now  laid  out. 

IT  2.  Conditions.]  § 2.  The  permission  and  authority  hereby 
granted  are  upon  the  following  express  conditions ; the  willful  and  con- 
tinuous violation  of  any  one  of  which  shall  work  a forfeiture  of  the 
permission  and  authority  hereby  granted,  in  which  event  the  trustees 
of  said  town  of  Lake  may,  by  thirty  days’  notice  in  writing  to  the 
superintendent  of  said  railroad,  require  the  track  or  tracks  laid  under 
the  provisions  hereof  to  be  taken  up,  and  upon  failure  of  said  com- 
pany to  comply  with  the  requirement  of  such  notice  the  said  tracks 
may  be  removed  at  the  expense  of  said  company. 

First.  The  said  Chicago,  St.  Louis  and  Pittsburgh  Railroad  Com- 
pany, its  grantees,  lessees,  successors  and  assigns,  shall  and  will  for- 
ever indemnify  and  save  harmless  the  town  of  Lake  against  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  of  the  same,  which 
it  may  suffer,  or  which  may  be  recovered  against  said  town  of  Lake, 
for  or  by  reason  of  the  granting  of  such  privileges  or  authority,  or 
for  or  by  reason,  or  growing  out  of,  or  resulting  from,  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise,  by  said  company,  its  grantees,  successors  or  assigns,  of  the 
privileges  and  authority  hereby  granted. 

Second.  That  said  company  shall  construct,  in  accordance  with 
plans  and  specifications  to  be  approved  by  the  board  of  trustees  of 
the  town  of  Lake,  and  forever  maintain  a viaduct  or  viaducts,  with  suit- 
able approaches  over  its  tracks,  at  such  street  or  streets  as  the  board  of 
trustees  of  the  town  of  Lake  shall  hereafter  designate,  whenever,  in 
the  opinion  of  said  board  of  trustees,  the  public  necessity  shall  require 
the  construction  of  such  viaduct  or  viaducts  over  such  street  or  streets, 
and  will  construct  the  said  viaducts  or  viaduct  within  a reasonable  time 
from  the  date  of  the  service  of  a written  notice  on  said  company,  its 
grantees,  lessees,  successors  or  assigns,  from  said  board  of  trustees 
that  such  viaduct  or  viaducts  is  or  are  needed : Provided,  however,  that 
when  any  such  viaduct  cannot  be  built  at  any  such  street  crossing, 
without  the  same  be  built  over  the  track  or  tracks  of  some  other  com- 
pany or  companies,  then  the  said  Chicago,  St.  Louis  and  Pittsburgh 
Railroad  Company  shall  only  be  obliged  to  join  with  such  other  com- 
pany or  companies  in  the  construction  or  maintenance  of  such  via- 
ducts, and  to  pay  its  fair  proportion  of  the  cost  of  such  viaduct  or  via- 
ducts, and  if  such  other  railway  company  or  companies  shall  not  join 
in  the  erection  of  such  viaduct,  then,  when  the  proportion  of  such 
other  company  or  companies  shall  be  otherwise  provided,  the  said  Chi- 
cago, St.  Louis  and  Pittsburgh  Railroad  Company  shall  pay  its  fair 
proportion  of  the  cost  of  any  such  viaduct. 

Third.  That  said  Chicago,  St.  Louis  and  Pittsburgh  Railroad 
Company  shall  construct  said  road  so  as  to  have  its  cars  running  there- 
on within  two  years  from  the  date  of  the  adoption  of  this  ordinance. 

Fourth.  That  said  Chicago,  St.  Louis  and  Pittsburgh  Railroad 


574 


RAILROADS. 


[§  298 


Company,  its  grantees,  lessees,  succcessors  and  assigns,  shall  be  held 
bound  to  pay  all  legal  damages  that  may  accrue  to  the  owners  of  the 
property  by  reason  of  the  operation  by  said  company,  of  its  railroad 
and  trains,  in  pursuance  of  the  privileges  and  authority  granted  by  this 
ordinance. 

Fifth.  That  the  said  Chicago,  St.  Louis  and  Pittsburgh  Railroad 
Company,  its  grantees,  lessees,  successors  and  assigns,  shall  and  will 
without  compensation  grant  the  right  of  way  to  the  town  of  Lake, 
for  a street  or  streets  over  the  tracks  and  property  of  said  company, 
Whenever  the  hoard  of  trustees  shall  deem  that  the  public  necessities 
require  the  opening  of  any  streets  across  said  tracks,  and  will,  at  its  own 
expense,  construct  and  maintain  suitable  crossings  at  such  streets: 
Provided,  however,  that  this  provision  shall  not  be  construed  to  include 
any  property  which  has  or  may  be  set  apart  for  depot  and  yard  purposes 
between  Whitney  streets  and  said  Chicago,  St.  Louis  and  Pittsburgh 
Railroad. 

1”  3.  Drains  and  ditches.]  L,  § 3.  The  privileges  and  authority 
hereby  granted  are  upon  the  further  express  condition  that  said  Chi- 
cago, St.  Louis  and  Pittsburgh  Railroad  Company,  its  successors  and 
assigns,  will  construct  and  maintain  all  drains  and  ditches,  on  both 
sides  of  or  under  its  railroad,  necessary  for  carrying  off  the  water 
which  may  accumulate  by  reason  of  the  construction  of  said  railway, 
and  prevent  the  accumulation  of  water  by  reason  of  the  construction  of 
said  railroad. 

1*  4.  Grant  defined.]  § 4.  The  privileges,  conditions  and  limi- 
tations of  this  ordinance  shall  be  confined  to  the  territory  named  in 
section  1 hereof,  and  extend  to,  and  be  binding  upon,  all  the  grantees, 
lessees  or  purchasers,  successors  and  assigns,  deriving  title  through  or 
under  the  Chicago,  St.  Louis  and  Pittsburgh  Railroad  Company,  and 
this  ordinance  shall  not' be  in  force  until  a written  acceptance  thereof 
by  said  company  shall  be  filed  with  the  clerk  of  the  town  of  Lake. 

T 5*  When  in  force— acceptance.]  § 5.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and  acceptance. 

Note. — See  following  repealing  ordinance. 

§ 298.  Chicago,  St.  Louis  & Pittsburgh  Railroad  company. 

J 1.  Repeal. 

T|  2.  When  in  force. 

An  ordinance  repealing  certain  sections  of  an  ordinance  of  October  22,  18S3,  to 

the  Chicago,  St.  Louis  & Pittsburgh  Railroad  company  in  the  town  of  Lake. 

(Passed  March  25,  1885.) 

T 1.  Repeal.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § 1.  That  sections  one  (1),  two  (2),  three  (3),  four  (4) 
and  five  (5)  of  an  ordinance  granting  right  of  way  to  the  Chicago,  St. 
Louis  and  Pittsburgh  Railroad  Company,  passed  by  the  board  of  trus- 
tees of  the  town  of  Lake  on  the  twenty-second  day  of  October,  A.  D. 
1883,  be  and  the  same  is  hereby  repealed. 


§ 3°*]  CHICAGO,  ST.  LOUIS  & PITTSBURG  RAILROAD  COMPANY.  575 

1”  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 299.  Chicago,  St.  Louis  & Pittsburg  Railroad  company. 

1.  Rockwell  street. 

An  ordinance  authorizing  the  Chicago,  St.  Louis  & Pittsburg  Railroad  company 
to  lay,  maintain  and  operate  a switch  track.  (Passed  July  7,  1885.) 

1.  Rockwell  street.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and  are 

hereby  given  to  the  Chicago,  St.  Louis  and  Pittsburgh  Railroad  Com- 
pany, and  its  successors,  said  company  being  the  successor  of  the 
Columbus,  Chicago  and  Indiana  Central  Railway  Company,  to  lay 
down,  maintain  and  operate  a switch  track,  with  a suitable  curve,  from 
the  main  track  of  said  company  on  Rockwell  street,  to  lot  twenty-six 
(26)  of  block  eight  (8),  Carter  H.  Harrison’s  addition  to  Chicago. 

Note— See  following  amendatory  ordinance. 

§ 300.  Chicago,  St.  Louis  & Pittsburg  Railroad  company. 

f[  1.  Rockwell  street  (amendatory). 

An  ordinance  amending  an  ordinance  passed  July  7,  1885,  authorizing  the 

Chicago,  St.  Louis  & Pittsburg  Railroad  company  to  lay  a switch  track. 

(Passed  April  11,  1887.) 

If  1.  Rockwell  street  (amendatory).]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  That  an  ordinance  passed  July  7th, 
1885,  as  follows:  § 1.  That  permission  and  authority  be  and  are 

hereby  given  to  the  Chicago,  St.  Louis  and  Pittsburgh  Railroad  Com- 
pany and  its  successors,  said  company  being  the  successor  of  the  Co- 
lumbus, Chicago  and  Indiana  Central  Railway  Company,  to  lay  down, 
maintain  and  operate  a switch  track,  with  a suitable  curve,  from  the 
main  track  of  said  company  on  Rockwell  street,  to  lot  twenty-six  (26) 
of  block  eight  (8),  Carter  H.  Harrison’s  addition  to  Chicago,  be  and 
the  same  is  hereby  amended,  by  inserting  the  words  “twenty-five  (25) 
or”  before  the  words  “twenty-six’’  in  the  next  to  the  last  line. 

§ 301.  Chicago,  St.  Louis  & Pittsburg  Railroad  company. 

If  1.  Preamble. 

IT  2.  Defining  the  right  of  way. 

]f  3.  Viaduct — cost. 

If  4*  Right  to  open  streets  across  tracks. 

If  5-  Mutual  obligations  extend  to  town  of  Lake  and  company. 

1 6.  Acceptance. 

An  ordinance  relating  to  the  Chicago,  St.  Louis  & Pittsburg  Railroad  company 
in  the  town  of  Lake.  (Passed  April  5,  1888.  Accepted  May  1,  1888.) 

r 1.  Preamble.]  Whereas,  a question  has  arisen  between  the 
Chicago,  St.  Louis  and  Pittsburg  Railroad  Company,  a corporation  of 
the  states  of  Illinois  and  Indiana,  on  the  one  part,  and  the  town  of 
Lake,  in  the  county  of  Cook  and  state  of  Illinois,  on  the  other,  respect- 
ing the  right  of  said  railroad  company  to  lay  additional  tracks  on  the 


576  RAILROADS.  [§  30I 

right  of  way  extending  north  and  south,  one  hundred  feet  in  width 
claimed  by  said  company  within  said  town  of  Lake;  and, 

Whereas,  the  town  of  Lake  is  desirous  of  providing  the  public 
with  suitable  and  safe  means  for  crossing  the  said  right  of  way  of  said 
railroad  company  and  such  tracks  as  are  now  or  shall  hereafter  be 
laid  thereon  across  the  public  streets  that  are  now  laid  out  or  shall 
hereafter  be  laid  out  in  pursuance  of  law  across  said  right  of  way; 

Therefore,  in  order  forever  to  settle  the  rights  of  the  parties  in 
the  premises,  it  is  hereby  ordained  by  the  board  of  trustees  of  the  town 
of  Lake  as  follows: 

1 2.  Defining  the  right  of  way.]  § i.  The  town  of  Lake 
hereby  recognizes  and  grants  to  the  said  Chicago,  St.  Louis  and  Pitts- 
burgh Railroad  Company  the  right  to  lay  within  the  limits  of  its  said 
right  of  way  extending  north  and  south  through  the  west  half  of  sec- 
tions six  (6),  seven  (7),  eighteen  (18),  nineteen  (19),  thirty  (30)  and 
thirty-one  (31)  in  said  town  of  Lake  and  over  and  across  all  streets  and 
alleys  now  or  hereafter  opened  across  the  same  whatever  main  tracks, 
side  tracks,  turnouts  and  switches  said  company  now  or  at  any  time 
hereafter  may  desire  to  construct  and  maintain  upon  said  right  of  way, 
and  to  operate  its  engines  and  cars  thereon  subject  to  such  proper 
police  and  sanitary  regulations  as  the  town  of  Lake  may  in  pursuance 
of  lawful  authority  from  time  to  time  prescribe.  Provided,  that  when 
said  railroad  company  shall  wish  to  construct  any  track  or  tracks  across 
any  street  or  streets  in  pursuance  of  the  authority  herein  granted,  said 
company  shall  first  notify  in  writing  the  board  of  trustees  of  said  town 
of  Lake  of  such  proposed  construction  and  furnish  a plat  and  state' 
ment  showing  the  place  and  manner  in  which  it  is  proposed  to  con- 
struct such  additional  track  or  tracks,  and  the  same  shall  be  so  con- 
structed as  not  to  interfere  unnecessarily  with  public  travel. 

And  provided,  also,  that  nothing  herein  contained  shall  be  con- 
strued to  give  said  railroad  company  a right  to  construct  any  track 
or  tracks  across  any  of  the  streets  or  alleys  in  said  town  of  Lake  outside 
of  said  one  hundred  feet  of  right  of  way,  except  upon  such  terms  and 
conditions  as  the  town  of  Lake  may  from  time  to  time  prescribe. 

T 3.  Viaduct  — cost.]  § 2.  This  ordinance  is  adopted  upon  the 
express  understanding  and  condition  that  said  Chicago,  St.  Louis  and 
Pittsburgh  Railroad  Company  shall  and  will  pay  to  said  town  of  Lake 
the  reasonable  cost  of  so  much  of  any  viaduct  or  viaducts  which  said 
town  of  Lake  may  hereafter  wish  to  construct  over  the  said  right  of 
way  of  said  railroad  company  as  is  within  the  boundary  lines  of  said 
right  of  way,  including  therein  the  cost  of  such  piers  or  supports  as 
may  be  necessary  to  carry  such  viaduct  or  viaducts  over  said  right 
of  way. 

1 4.  Right  to  open  streets  across  tracks.]  § 3.  This  ordi- 
nance is  adopted  upon  the  further  express  understanding  and  con- 
dition that  said  railroad  company  shall  and  will  grant  to  said  town 


§ 302]  CHICAGO,  ST.  LOUIS  & PITTSBURG  RAILROAD  COMPANY. 


577 


of  Lake  forever  the  right  to  locate  across  the  said  right  of  way  of  said 
railroad  company  such  public  streets  and  alleys  as  said  town  of  Lake 
shall  hereafter  by  ordinance  duly  enacted  provide  for,  without  any  com- 
pensation whatever  to  be  paid  to  said  railroad  company.  Provided, 
however,  that  such  streets  shall  be  so  located  and  laid  out  as  not  to 
require  the  said  railroad  company  to  change  the  grade  of  any  of  its 
tracks  which  may  be  constructed  upon  its  said  right  of  way,  nor  shall 
they  be  so  located  as  to  pass  over  or  through  any  station  ground  or 
buildings  or  the  yard  of  said  company,  said  yard  not  to  be  more  than 
one  mile  in  length,  it  being  expressly  understood  that  in  case  said 
town  of  Lake  shall  deem  that  the  public  interest  require  that  such 
streets  or  alleys  shall  be  located  or  laid  out  across  said  company’s 
tracks  in  such  a manner  as  to  pass  through  said  station  grounds,  build- 
ings or  yard  of  said  railroad  company  or  in  such  a manner  as  to  re- 
quire a change  in  the  grade  of  said  company’s  tracks,  said  company 
does  not  waive  its  legal  right  to  damages  therefor. 

1"  5.  Mutual  obligations  extend  to  town  of  Lake  and  com- 
pany.] § 4.  The  duties  and  obligations,  rights  and  privileges  herein 
contained  shall  extend  to  and  be  binding  upon  said  town  of  Lake,  and 
the  municipal  corporation  or  corporations  within  whose  limits  said 
right  of  way  or  any  portion  thereof  may  hereafter  be  situated,  and 
upon  said  Chicago,  St.  Louis  and  Pittsburgh  Railroad  Company,  its 
successors,  assigns  and  lessees. 

T 6.  Acceptance.]  § 5.  This  ordinance  shall  not  take  effect 
or  be  in  force  until  said  Chicago,  St.  Louis  and'  Pittsburgh  Railroad 
Company,  in  pursuance  of  lawful  action  of  its  board  of  directors,  shall 
file  with  the  clerk  of  the  town  of  Lake  a written  acceptance  hereof, 
wherein  and  whereby  said  company  shall  accept  the  foregoing  ordi- 
nance (as  embodying  a correct  statement  of  all  its  rights  in  said  town 
of  Lake,  so  far  as  the  same  relates  to  the  matters  hereinbefore  referred 
to),  and  agrees  to  perform  each  and  every  of  the  conditions  upon 
which  said  ordinance  is  granted,  said  acceptance  to  be  filed  as  afore- 
said within  sixty  days  from  the  passage  hereof. 

§ 302.  Chicago,  St.  Louis  & Pittsburg  Railroad  company. 

^f  1.  Rockwell  street  station — grant  in  perpetuity. 

] 2.  Vacation  of  part  of  alley. 

]f  3.  Dedication  of  land  for  street  purposes — conditions, 
if  4.  Bond. 

if  5.  Ordinance  void,  unless. 

if  6.  Acceptance. 

if  7.  Plat  of  proposed  street. 

An  ordinance  granting  permission  to  the  Chicago,  St.  Louis  & Pittsburg  Railroad 

company  to  erect  a passenger  station.  (Passed  July  18,  1889.  Accepted 

August  10,  1889.) 

1 1.  Rockwell  street  station— grant  in  perpetuity.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  Subject  to 
terms  and  conditions  of  this  ordinance  permission  and  authority  is 


37 


578 


RAILROADS. 


[§  302 


hereby  given  to  the  Chicago,  St.  Louis  and  Pittsburgh  Railroad  Com- 
pany, and  to  its  successors,  to  perpetually  use,  free  of  public  use  and 
interference,  the  east  one-half  of  Rockwell  street,  from  the  south  line 
of  Madison  street  to  the  north  line  of  Monroe  street,  for  the  purpose 
of  a passenger  station  and  for  no  other  purpose.  Said  company  may 
construct  or  erect  said  station  partly  or  wholly  within  the  line  of  the 
east  half  of  Rockwell  street,  to  allow  of  convenient  access  to  and  from 
trains  which  may  run  upon  the  existing  railroad  tracks  operated  by 
said  company  in  said  Rockwell  street,  but  no  additional  tracks  or 
switches  shall  be  placed  upon  the  said  one-half  of  Rockwell  street, 
between  the  south  line  of  Madison  street  and  the  north  line  of  Monroe 
street. 

IT  2.  Vacation  of  part  of  alley.]  § 2.  That  all  that  portion 
of  the  alley  now  situate  betwen  lots  eighteen  (18)  and  nineteen  (19), 
and  the  west  seven  (7)  feet  of  lots  seventeen  (17)  and  twenty  (20),  in 
the  subdivision  of  lots  one  (1)  and  two  (2),  except  the  west  seventy- 
five  (75)  feet  of  the  south  one  hundred  and  twenty-five  (125)  feet  of  lot 
one  (1),  in  block  eight  (8)  in  Rockwell’s  addition  to  the  city  of  Chi- 
cago be,  and  the  same  is  hereby,  vacated  for  the  purposes  of  using 
that  portion  of  said  alley  above  described  as  a part  of  the  passenger 
station  of  said  company. 

1 3.  Dedication  of  land  for  street  purposes— conditions.] 

§ 3.  The  permission  and  authority  hereby  granted  are  upon  the  con- 
ditions that  said  railroad  company  shall  dedicate  by  plat  and  lay  out, 
free  of  all  costs  to  the  city  of  Chicago,  or  the  adjoining  property  own- 
ers, a public  street  or  highway,  thirty  (30)  feet  in  width,  from  the  south 
line  of  Madison  street  to  the  north  line  of  Monroe  street,  said  street 
to  occupy  what  is  now  known  as  the  west  twelve  (12)  feet  of  lots  six- 
teen and  twenty-one  (21),  and  the  east  eighteen  (18)  feet  of  lots  seven- 
teen (17)  and  twenty  (20),  in  the  subdivision  of  lots  one  (1)  and  two  (2), 
mentioned  in  section  2.  And  this  ordinance  shall  not  be  operative 
until  said  plat  shall  have  been  made  and  recorded  and  said  street  opened 
for  travel  as  herein  provided.  And  it  is  further  conditioned  that  said 
railroad  company  shall  fill,  grade,  curb  and  pave  the  west  twenty-four 
(24)  feet  of  said  thirty  (30)  feet  for  the  purpose  of  a roadway,  and 
shall  build  upon  the  east  six  feet  of  said  thirty  (30)  feet  a sidewalk  of 
stone  or  other  incombustible  material.  The  paving,  filling,  grading 
and  said  sidewalk  to  be  done  under  specifications  to  be  furnished  by 
the  commissioner  of  public  works,  and  said  company  shall,  so  far  as  it 
shall  use  the  said  east  half  of  Rockwell  street,  keep,  maintain  and  re- 
pair said  thirty  (30)  feet  in  good  condition  at  all  times,  as  directed  by 
the  commissioner  of  public  works,  and  shall  be  liable  to  any  person, 
firm  or  corporation  for  any  damages  that  may  be  suffered  by  any 
person  by  reason  of  failing  to  properly  keep  and  maintain  said  thirty 
(30)  feet  in  a condition  as  prescribed  by  this  ordinance.  And  no  trains 
shall  be  permitted  or  allowed  to  stop  to  receive  or  let  off  passengers 


§ 3°3]  CHICAGO  & STRAWN  RAILWAY  COMPANY.  579 

at  said  station  until  the  work  herein  prescribed  shall  be  done  to  the 
satisfaction  and  approval  of  the  commissioner  of  public  works. 

1 4.  Bond  .]  § 4.  Said  railroad  company  shall  give  a bond  in 

the  penal  sum  of  ten  thousand  (10,000)  dollars,  to  pay  any  person,  firm 
or  corporation  any  damages  that  may  arise  or  accrue  by  reason  of 
the  passage  of  this  ordinance,  or  any  act  or  thing  done  under  the  same. 

1"  5.  Ordinance  void,  unless.]  § 5.  Unless  said  new  street 
shall  be  laid  out,  dedicated  and  opened  and  improved  as  provided  in 
this  ordinance,  within  six  (6)  months  from  the  passage  hereof  this  ordi- 
nance shall  become  null  and  void,  and  all  rights  of  said  company 
hereunder  shall  cease. 

T 6.  Acceptance.]  § 6.  Said  railroad  company  shall  accept 
this  ordinance  and  all  the  terms  and  conditions  thereof  within  thirty 
(30)  days  after  its  passage. 

If  7.  Plat  of  proposed  street.]  § 7.  Said  new  street  to  be 
opened  is  shown  on  the  plat  hereto  attached  and  marked  thereon  “pro- 
posed street.” 


CHICAGO  & STRAWN  RAILWAY  COMPANY. 

§ 303.  Chicago  & Strawn  Railway  company. 

\ 1.  Grant  for  telegraph  line. 

2.  Grant  for  railway  line — route. 

3.  Motive  power — tracks,  manner  of  laying. 

*[j'  4.  Repair  of  streets,  ditches,  etc. — flagmen. 

\ 5.  Indemnity. 

*\\  6.  Construction  completed — trains — fare. 

7.  Land  damages. 

■j  8.  Use  of  Wallace  street  prohibited,  except. 

9.  When  in  force — acceptance. 

An  ordinance  granting  the  right  of  way  to  the  Chicago  & Strawn  Railway  com- 
pany for  telegraph  and  railway  line  in  the  town  of  Lake.  (Adopted 
November  14,  1879.  Accepted  December  5,  1879.) 

1 1.  Grant  for  telegraph  line.]  § 1.  Permission  is  hereby 
granted  by  the  town  of  Lake  to  the  Chicago  and  Strawn  Railway 
Company  to  erect  a telegraph  line,  consisting  of  one  or  more  wires, 
placing  the  necessary  poles  on  either  side  of  the  route  of  the  railroad 
of  said  company  as  hereinafter  described.  The  poles  hereby  author- 
ized to  be  erected  shall  be  placed  in  such  position,  on  streets  or  other- 
wise, as  shall  be  directed  by  the  board  of  trustees  of  said  town. 

T 2.  Grant  for  railway  line— route.]  § 2.  Permission  is 
hereby  further  granted  to  said  Chicago  and  Strawn  Railway  Com- 
pany to  lay  down  one  or  more  railroad  tracks,  with  the  necessary 
and  proper  turn-outs,  sidings  and  switches,  from  a point  near  the 


580 


RAILROADS. 


southwest  corner  of  section  thirty-five  (35),  township  thirty-eight  (38) 
north,  range  thirteen  (13),  east  of  the  third  (3rd)  principal  meridian, 
in  said  town  of  Lake;  thence  on  a tangent  northeasterly  through  said 
section  thirty-five  (35)  to  the  northeast  corner  thereof;  thence  on  a 
tangent  northeasterly  through  the  south  half  (J4)  of  section  twenty- 
five  (25),  in  said  township  and  range,  to  a point  on  the  east  and  west 
half  section  line  of  said  section  twenty-five  (25),  six  hundred  and  sixty 
(660)  feet  west  of  the  east  line  thereof;  thence  east  on  the  east  and  west 
half  section  line  to  the  west  line  of  section  twenty-eight  (28),  township 
(38)  north,  range  fourteen  (14),  east  of  the  third  (3rd)  principal  me- 
ridian ; thence  making  a proper  curve  to  a point  in  the  east  line  of  the 
west  half  (J4)  of  the  northwest  quarter  (%)  of  said  section  twenty- 
eight  (28);  thence  northerly  over  the  tracks  of  the  Chicago  and  West- 
ern Indiana  Railroad  Company  to  the  north  line  of  the  town  of  Lake; 
it  being  expressly  provided  that  the  board  of  trustees  of  the  town  of 
Lake  grant  by  this  ordinance  no  right  to  enter  upon  or  use  private 
property  without  the  consent  of  the  owners  thereof  first  being  obtained 
by  said  railway  company. 

T 3.  Motive  power — tracks,  manner  of  laying.]  § 3.  The 

said  Chicago  and  Strawn  Railway  Company  may  forever  afterward  ope- 
rate the  said  tracks  with  steam  power,  subject,  however,  at  all  times,  to 
the  general  ordinances  of  the  town  of  Lake  now  in  force,  or  that  may 
hereafter  be  adopted  by  the  board  of  trustees.  It  may  cross  any  and  all 
streets,  alleys,  highways  and  railroads  it  may  be  necessary  to  do  to  pur- 
sue the  route  designated  in  the  second  section  hereof,  but  the  tracks 
hereby  authorized  to  be  laid  shall  be  laid  and  maintained  when  they  are 
laid  in  or  along  a public  street  or  alley,  subject  to  the  direction  of  the 
board  of  trustees  of  the  town  of  Lake. 

If  4.  Repair  of  streets,  ditches,  etc. — flagmen.]  § 4.  The 

permission,  authority  and  privilege  hereby  granted  are  upon  the  ex- 
press condition  that  the  said  railway  company,  its  grantees,  lessees,  or 
assigns,  shall  also  at  all  times  keep  in  good  repair  and  condition,  in  ac- 
cordance with  the  ordinances  of  the  town  of  Lake  now  in  force,  or 
which  may  hereafter  be  passed,  a good  and  sufficient  road  bed  for  the 
accommodation  and  use  of  the  public  in  and  along  all  such  streets  or 
parts  of  streets  in  which  it  shall  construct  its  tracks,  under  the  provi- 
sions of  this  ordinance,  and  shall  build  and  maintain  such  road  bed 
where  such  tracks  are  laid  in  and  along  a public  street,  and  such  tracks 
shall  be  laid  in  such  manner  as  to  interfere  as  little  as  possible  with  the 
use  of  such  streets  for  teams  and  pedestrians,  and  shall  keep  in  repair, 
under  the  direction  of  the  board  of  trustees  of  said  town,  all  culverts, 
drains  and  ditches  necessary  for  the  carrying  off  the  water  on  both  sides 
of  said  railroad,  and  to  prevent  the  accumulation  of  water  by  reason  of 
the  construction  of  said  railroad,  and  also  shall  construct  and  maintain 
under  the  direction  of  the  board  of  trustees  of  said  town,  a ditch  or 
drain  on  each  side  of  said  railroad  and  continuous  therewith.  Said  rail- 


§ 3o3] 


CHICAGO  & STRAWN  RAILWAY  COMPANY. 


581 


way  company  shall  also  build  and  maintain  all  crossings  at  streets  and 
roads,  and  the  approaches  thereto,  under  the  direction  of  the  board  of 
trustees  of  said  town,  and  shall  keep  a flagman  at  all  such  crossings  as 
shall  be  required  by  said  board  of  trustees. 

5.  Indemnity.]  § 5.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railway 
company  and  its  grantees,  lessees  and  assigns  shall  and  will  forever  in- 
demnify and  save  harmless  the  town  of  Lake  against  and  from  any  and 
all  damages,  judgments,  decrees  and  costs  and  expenses  of  the  same 
which  it  may  suffer,  or  which  may  be  recovered  or  obtained  against  said 
town  for,  or  by  reason  of,  the  granting  of  such  privileges  and  authority, 
or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company,  its  grantees,  lessees  or  assigns,  of  the 
privileges  hereby  granted,  or  from  any  act  or  acts  of  the  said  company, 
its  grantees,  lessees  or  assigns,  under  or  by  virtue  of  the  provisions  of 
this  ordinance. 

Tf  6.  Construction  completed  trains— fare.]  § 6.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  further  express  condi- 
tions that  the  said  railway  company  shall  construct  said  road  so  as  to 
have  its  cars  running  thereon  within  one  year  from  this  date,  and  shall 
establish  and  forever  maintain  at  least  two  trains  each  way  per  day  to 
run  over  the  said  line  from  Chicago  through  said  town  at  convenient 
hours,  and  stopping  at  convenient  places,  for  the  accommodation  of 
passengers,  and  at  such  places  as  the  board  of  trustees  of  the  town  of 
Lake  may  direct;  that  all  passenger  trains  run  over  said  road,  whether 
by  the  said  Chicago  and  Strawn  Railway  Company,  its  assigns,  grantees 
or  lessees,  shall  stop  for  the  accommodation  of  passengers  at  Sixty- 
third  street,  in  said  town  of  Lake,  and  commutation  tickets  for  ten  rides, 
good  on  all  passenger  trains  which  may  run  over  said  road,  shall  be 
kept  on  sale  at  the  Chicago  office  of  said  company  at  a rate  not  exceed- 
ing five  (5)  cents  for  single  fare  between  said  Sixty-third  street  and  the 
terminal  depot  of  said  company  in  Chicago,  and  not  exceeding  one  cent 
per  mile  in  addition  thereto  for  all  distances  south  of  said  Sixty-third 
street. 

IF  7.  Land  damages.]  § 7.  The  permission,  authority  and 
privileges  hereby  granted  are  upon  the  express  condition  that  the  said 
Chicago  and  Strawn  Railway  Company,  and  any  other  railroad  com- 
panies that  shall  construct  or  operate  said  railroad  under  this  ordinance, 
or  under  lease  from  or  contract  with  the  Chicago  and  Strawn  Railway 
Company,  shall  be  held  jointly,  or  severally,  bound  to  pay  all  legal 
damages  that  may  accrue  to  the  owners  of  property  bv  reason  of  the 
operation  of  said  railroad  under  this  ordinance. 

If  8-  Use  of  Wallace  street  prohibited,  except.]  § 8.  It  is 

expressly  provided  that  no  right  is  granted  by  this  ordinance  to  the 
Chicago  and  Strawn  Railway  Company  to  use  any  portion  of  Wallace 


582 


RAILROADS. 


[§  303 


street,  Wallace  parkway,  or  Market  street,  except  under  contract  there- 
for with  the  Chicago  and  Western  Indiana  Railroad  Company,  and 
then  only  to  the  extent  to  which  the  right  to  use  said  Wallace  street, 
Wallace  parkway,  or  Market  street  was  granted  to  the  Chicago  and 
Western  Indiana  Railroad  Company  by  an  ordinance  adopted  by  the 
board  of  trustees  of  the  town  of  Lake  on  the  7th  day  of  November, 
1879,  and  in  accordance  with  the  provisions  of  said  last-mentioned  or- 
dinance. 

1 9.  When  in  force — acceptance.]  § 9.  The  provisions  of 
this  ordinance  shall  extend  to  and  be  binding  upon  all  the  grantees, 
iessees  or  purchasers  deriving  title  through  or  under  said  Chicago  and 
Strawn  Railway  Company,  and  this  ordinance  shall  not  be  in  force  until 
a written  acceptance  thereof  by  said  Chicago  and  Strawn  Railway  Com- 
pany is  filed  with  the  town  clerk  of  the  town  of  Lake,  which  written 
acceptance  must  be  so  filed  within  ten  days  from  this  date. 


CHAPTER  X. — Railroads — Continued. 

§ 304-325C.  Chicago  & Western  Indiana  Railroad  company. 

§ 326.  Chicago  & West  Ridge  Railroad  company. 

§ 327.  Dalton  & South  Chicago  Railroad  company. 

§ 328.  Grand  Trunk  Junction  Railway  company. 

§ 329-339*  Illinois  Central  Railroad  company. 

§ 340-343.  South  Chicago  Railroad  company. 

§ 344.  Illinois  & Wisconsin  Railroad  company. 

| 345-346.  Junction  Railway  company. 

£ 347-349.  Lake  Shore  & Michigan  Southern  Railroad  company. 

| 350.  Lake  Shore  & Michigan  Southern  Railroad  company  (amendment). 
§ 351-354.  Lake  Shore  & Michigan  Southern  Railroad  company. 

§ 354a-355.  New  York,  Chicago  & St.  Louis  Railway  company. 

§ 356.  Northern  Railway  company. 

§ 357.  Pittsburg,  Cincinnati  & St.  Louis  Railway  company. 

§ 358-371.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

§ 3 72-3 72a.  South  Chicago  & Southern  Railroad  company. 

§ 373-377*  Union  Stock  Yard  & Transit  company. 

§ 378.  Wabash  Railroad  company. 


CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 

(Chicago  & Western  Indiana  Belt  Railway  company  and  South  Chicago  & West- 
ern Indiana  Railroad  company.) 

§ 304.  Chicago  & Western  Indiana  Railroad  company. 

1.  Route — liability  for  damages — crossings,  etc. 

2.  Bond. 

An  ordinance  granting  permission  to  the  Chicago  & Western  Indiana  Railroad 
company  to  operate  a railroad  in  the  village  of  Hyde  Park.  (Passed  and  ap- 
proved August  15,  1879.) 

1 1.  Route— liability  for  damages— crossings,  etc.]  Be  it  or- 
dained by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park:  § 1.  That  permission  be  and  is  hereby  granted  to  the  Chicago 
& Western  Indiana  Railroad  Company  to  locate,  construct,  lay  down 
and  forever  hereafter  operate  with  steam  power,  a line  of  railroad  with 
one  or  more  tracks  upon  the  following  route,  viz.:  Commencing  on 

the  line  of  said  railroad,  at  a point  on  the  south  boundary  line  of  the 
village  of  Hyde  Park  in  the  center  of  the  west  half  of  section  thirty-four 
(34),  town  thirty-seven  (37)  north,  range  fourteen  (14)  east,  third  prin- 
cipal meridian,  and  thence  northward  to  about  the  center  of  the  north- 
west quarter  of  section  twenty-seven  (27),  same  town  and  range,  and 

583 


584 


RAILROADS. 


thence  northwestwardly  to  the  east  boundary  line  of  the  township  of 
Calumet,  Cook  county,  Illinois,  or  upon  the  line  aforesaid  extended 
northwardly  through  the  center  line  of  the  west  halves  of  sections 
thirty-four  (34),  twenty-seven  (27),  and  twenty-two  (22),  until  about  half 
a mile  south  of  Kensington  station,  and  thence  northwestwardly  to  the 
western  boundary  line  of  the  village  of  Hyde  Park,  or  if  the  said  rail- 
road company  shall  so  elect,  the  line  may  be  located  upon  and  over  the 
center  line  of  the  west  half  section  thirty-four  (34),  as  aforesaid  to  the 
northern  boundary  line  of  the  section,  and  thence  northwestwardly 
through  the  southwest  quarter  of  section  twenty-seven  (27)  aforesaid 
to  the  eastern  boundary  line  of  the  township  of  Calumet,  Cook  county, 
Illinois,  with  the  right  on  the  part  of  the  said  railroad  company  to  oc- 
cupy and  cross  all  streets  and  alleys  which  are  necessary  to  be  occupied 
or  crossed,  in  pursuing  either  of  the  routes  aforesaid;  Provided,  said 
company  shall  pay  any  and  all  damages  arising  from,  or  in  any  way 
growing  out  of,  such  taking  or  using  such  portion  of  said  streets  or  al- 
leys or  any  of  them,  to  any  and  all  persons  injured  or  damaged  by  the 
same.  And  provided,  said  railroad  company  shall  construct  and  main- 
tain good  and  convenient  crossings  and  sidewalks,  and  upon  such  grade 
or  grades  as  may  be  from  time  to  time  required  by  the  board  of  trustees, 
as  well  as  cattle  guards,  culverts  and  warning  tables  across  their  tracks 
and  grounds  at  the  intersection  of  all  streets  and  alleys  now  existing, 
or  which  may  hereafter  be  authorized  or  opened  by  said  board,  and 
comply  with,  and  be  subject  to  all  laws  and  ordinances  of  said  village 
now  in  force  or  which  may  hereafter  be  adopted. 

1 2.  Bond.]  § 2.  This  ordinance  shall  not  take  effect  until 
after  said  company  shall  have  entered  into  a bond  with  or  to  said  village 
of  Hyde  Park,  in  the  penal  sum  of  twenty-five  thousand  dollars,  con- 
ditioned for  the  payment  of  all  damages  for  which  said  village  may  be- 
come liable  to  any  person  or  persons,  by  reason  of  the  said  road  en- 
tering or  running  through  a portion  of  said  village,  or  by  reason  of  said 
company  constructing,  laying  down,  using  or  occupying  said  railroad 
track  or  tracks  within  said  village,  and  conditioned  also  for  the  pay- 
ment of  all  damages  which  may  arise  to  the  said  village  of  Hyde  Park, 
and  to  any  person  or  persons  whomsoever,  by  reason  of  said  company 
constructing,  laying  down,  maintaining,  using  and  occupying  said  rail- 
road track  or  tracks,  or  crossing  said  streets  or  alleys  within  said  vil- 
lage of  Hyde  Park. 

§ 305.  Chicago  & Western  Indiana  Railroad  company. 

][  1.  Route — right  of  user. 

2.  Steam  power — subject  to  ordinances. 

3.  Reservation  of  street  space — repair — ditches,  crossings,  etc. 

1 4.  Indemnity. 

If  5.  Time  of  completion — rate  of  fare. 

6.  No  right  on  private  property,  except. 

7.  Provisions  binding  on  grantees,  etc. — acceptance. 


§ 305]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  585 

An  ordinance  granting  the  right  of  way  to  the  Chicago  & Western  Indiana  Rail- 
road company.  (Adopted  September  5,  1879.  Accepted  December  5,  1879.) 

1 1.  Route — right  of  user.]  § i.  Permission  is  hereby 
granted  bv  the  town  of  Lake  to  the  Chicago  and  Western  Indiana  Rail- 
road Company  to  lay  down  one  or  more  railroad  tracks,  with  the  nec- 
essary and  proper  turn  outs,  sidings  and  switches  as  may  be  necessary 
along  and  upon  the  following  route  in  the  said  town  of  Lake,  to-wit: 
Commencing  on  Stewart  avenue  at  the  south  line  of  said  town ; thence 
running  north,  not  exceeding  2,000  feet,  on  said  Stewart  avenue;  thence 
in  a northerly  direction,  using  the  alley  east  of  the  Holland  road,  and 
across  any  intervening  streets  or  alleys  to  Wallace  street,  where  the 
north  line  of  the  school-house  lot  intersects  said  street;  thence  north 
on  or  alongside  of  Wallace  street,  across  the  Chicago,  Rock  Island 
and  Pacific  Railroad;  thence  northwesterly  on  such  lots,  lands  and 
property  as  the  said  company  now  owns,  or  hereafter  may  acquire,  lease 
or  purchase,  by  condemnation  or  otherwise,  until  it  crosses  Halsted 
street,  and  as  far  north  as  the  center  line  of  section  28,  town  38  N. 
R.  14  E.  and  no  further.  The  right  to  use  said  streets,  and  alleys 
being  granted  only  so  far  as  the  same  are  dedicated  for  public  purposes, 
and  to  the  extent  that  the  town  of  Lake  has  power  to  grant  the  same. 

1 2.  Steam  power — subject  to  ordinances.]  § 2.  The  said 
Chicago  & Western  Indiana  Railroad  Company  may  forever  afterward 
operate  the  said  tracks  with  steam  power,  subject  however  at  all  times 
to  the  general  ordinances  of  the  town  of  Lake  now  in  force,  or  that 
may  hereafter  be  adopted  by  the  board  of  trustees.  It  may  cross  any 
and  all  streets,  alleys,  highways  and  railroads  it  may  be  necessary  to  do 
to  pursue  the  route  designated  in  the  first  section  hereof,  but  the  tracks 
hereby  authorized  to  be  laid  shall  be  laid  and  maintained  subject  to  the 
direction  of  the  board  of  trustees  of  the  town. 

T 3.  Reservation  of  street  space— repair — ditches,  crossings, 
etc,]  § 3.  The  said  company  shall  also,  at  all  times,  keep  in  good 
repair  and  condition,  in  accordance  with  the  ordinances  of  the  town 
of  Lake  now  in  force,  or  which  may  hereafter  be  passed,  a good  and 
sufficient  road  bed  for  the  accommodation  and  use  of  the  public  in  and 
along  all  such  streets  or  parts  of  streets  in  which  it  shall  construct  its 
tracks  under  the  provisions  of  this  ordinance,  and  shall  build  and 
maintain  such  road  bed,  where  such  tracks  are  laid  in  or  along  a public 
street,  and  such  tracks  shall  be  laid  in  such  manner  as  to  interfere  as 
little  as  practicable  with  the  use  of  such  streets  for  teams  and  pedes- 
trians, and  said  railroad  company  shall  at  all  times  keep  such  tracks 
in  such  condition  as  to  allow  the  free  and  easy  passage  of  vehicles  over 
them,  and  keep  in  repair,  under  the  direction  of  the  board  of  trustees 
of  said  town,  all  culverts,  drains  and  ditches  necessary  for  the  carry- 
ing off  the  waters  on  both  sides  of  said  railroad,  and  to  prevent  the  ac- 
cumulation of  water  by  reason  of  the  construction  of  said  railroad,  and 
also  shall  construct  and  maintain,  under  the  direction  of  the  board  of 


586 


RAILROADS. 


[§  3°5 


trustees  of  said  town,  a ditch  or  drain  on  each  side  of  said  railroad, 
continuous  through  the  town  of  Lake,  of  sufficient  width  and  depth  to 
afford  free  discharge  of  all  water  that  may  accumulate  along  the  line 
of  said  railroad.  Said  railroad  company  shall  also  build  and  maintain 
all  crossings  at  streets  and  roads  and  the  approaches  thereto,  under  the 
direction  of  the  board  of  trustees  of  said  town,  and  shall  keep  flagman 
at  all  such  crossings  as  shall  be  required  by  said  board  of  trustees. 

IT  4.  Indemnity.]  § 4.  The  said  Chicago  and  Western  Indi- 
ana Railroad  Company  and  its  grantees  and  lessees  shall  forever  save, 
indemnify  and  keep  harmless  the  town  of  Lake  from  all  loss,  costs, 
damages  and  suits  by  reason  of  the  passage  of  this  ordinance,  and  the 
exercise  by  the  said  railroad  company,  or  its  grantees  or  lessees  of  the 
privileges  hereby  granted,  and  shall  at  its  own  expense  defend  any  such 
suit  or  suits,  in  any  court  of  law  or  equity  in  which  they  may  be 
brought,  and  fully  pay  and  satisfy  all  judgments  that  may  be  rendered 
therein  against  said  town  of  Lake. 

T 5.  Time  of  completion— rate  of  fare.]  § 5.  The  said 
Chicago  and  Western  Indiana  Railroad  Company  shall  complete  said 
road,  and  have  its  cars  running  thereon,  on  or  before  the  first  day  of 
January,  1881,  and  shall  establish,  and  forever  maintain,  at  least  two 
trains  each  way  per  day  to  run  over  the  said  line  from  Chicago  to 
Dalton,  at  convenient  hours  for  the  accommodation  of  passengers,  and 
commutation  tickets  for  ten  rides  or  more  shall  be  kept  on  sale  by  the 
company  at  its  offices  in  Chicago,  at  a rate  not  exceeding  one  cent  per 
mile. 

1 6.  No  right  on  private  property,  except.]  § 6.  It  is  es- 
pecially understood  that  the  board  of  trustees  of  the  town  of  Lake 
grant,  by  this  ordinance,  no  right  to  enter  upon  or  use  private  property 
or  private  streets  without  the  consent  of  the  owners  thereof  first  be- 
ing obtained  by  said  railroad  company,  and  that  all  dummy  trains 
run  over  said  road,  shall  stop  for  the  accommodation  of  passengers  at 
the  crossing  of  the  Vincennes  road. 

IT  7.  Provisions  binding  on  grantees,  etc.— acceptance.] 
§ 7.  The  provisions  of  this  ordinance  shall  extend  to  and  be  binding 
upon  all  the  grantees,  lessees  or  purchasers  deriving  title  through  or 
under  said  Chicago  and  Western  Indiana  Railroad  Company,  and  this 
ordinance  shall  not  be  in  force  until  a written  acceptance  thereof  by  said 
Chicago  and  Western  Indiana  Railroad  Company  is  filed  with  the  town 
clerk  of  the  said  town  of  Lake;  and  in  case  of  a failure  to  keep  and  ob- 
serve the  conditions  of  section  five  of  this  ordinance,  on  the  part  of  said 
railroad  company,  its  grantees,  lessees  or  assigns,  the  town  of  Lake 
shall  have  the  right  to  repeal  this  ordinance,  and  to  forfeit  all  rights 
acquired  thereunder. 


306]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


' 587 


§ 306.  Chicago  & Western  Indiana  Railroad  company. 

^1  1.  Route. 

2.  Supervision — repair  of  streets,  etc. 

Tj  3.  Authority  granted. 

4.  Viaducts. 

^1  5.  Subject  to  laws  and  ordinances. 

*([  6.  Indemnity. 

IT  7.  Side  tracks —power  to  lease  main  tracks. 

8.  Limit  for  construction. 

9.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago  & Western  Indiana  Railroad 

company  to  lay  down  certain  tracks.  (Passed  September  15,  1879.) 

If  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 

Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 
hereby  given  and  granted  to  the  Chicago  and  Western  Indiana  Rail- 
road Company  to  lay  down,  maintain  and  operate  a railroad  with  one  or 
more  tracks  and  such  switches,  sidings  and  turn  outs  as  may  be  nec- 
essary, along  and  upon  the  following  route  in  the  city  of  Chicago,  to- 
wit:  commencing  at  the  southern  boundary  line  of  the  city  of  Chi- 

cago, at  some  point  within  one  hundred  feet  of  the  west  line  of  Stewart 
avenue,  and  thence  northwardly  over  such  lots,  lands  and  property  as 
the  said  company  now  owns,  or  hereafter  may  acquire  by  lease,  pur- 
chase, condemnation  or  otherwise, parallel  to  said  Stewart  avenue  to  the 
intersection  of  Grove  street  and  said  Stewart  avenue,  and  thence  over 
and  upon  such  lots,  lands,  and  property  as  the  said  company  now  owns, 
or  hereafter  may  acquire  by  lease,  purchase,  condemnation  or  other- 
wise, unto  such  terminus  as  it  may  establish  between  the  east  bank  of 
the  south  branch  of  Chicago  river  and  the  west  side  of  State  street,  and 
between  Sixteenth  street,  and  the  south  line  of  Van  Buren  street  in 
said  city. 

If  2.  Supervision — repair  of  streets,  etc.]  § 2.  The  said  rail- 
road company  may  cross  any  and  all  intervening  streets,  alleys  and 
railroad  tracks  upon,  or  along  the  line  of  the  said  route  as  designated, 
in  the  first  section;  said  company  to  be  subject,  at  all  times,  to  the  di- 
rection of  the  department  of  public  works  or  other  proper  department 
or  officer  of  said  city,  in  the  construction  of  its  said  tracks,  in  making 
the  crossings  or  connections  with  other  roads,  and  the  keeping  in  re- 
pair of  so  much  of  said  streets,  alleys  and  crossings  as  may  be  occupied 
by  said  railroad  company,  with  its  tracks,  switches  and  turnouts. 

If  3.  Authority  granted.]  § 3.  The  said  railroad  company 
may  and  it  is  hereby  authorized  to  lay  down,  maintain  and  operate  one 
or  more  railroad  tracks,  with  such  turnouts,  side  tracks  and  switches, 
as  it  shall  deem  necessary,  over  and  across  any  land  which  it  may  ac- 
quire upon  the  line  of  said  route  by  lease,  purchase,  condemnation  or 
otherwise,  and  the  said  railroad  company  may  use  and  operate  the  rail- 
road tracks  hereby  authorized  to  be  laid,  with  locomotive  engines  and 
cars,  subject  to  all  ordinances  of  the  city  of  Chicago,  applicable  to  rail- 
roads which  are  now  or  hereafter  may  be  enforced. 


588 


RAILROADS. 


[§  306 


IT  4.  Viaducts.]  § 4.  The  permission,  authority,  and  privi- 
leges hereby  granted  are  upon  the  express  condition,  that  the  said  rail- 
road company  shall  erect  and  maintain  viaducts  over  any  of  its  said 
tracks,  or  any  street  or  streets  of  said  city  which  may  be  crossed  by  its 
said  tracks  where,  and  as  the  said  city  council  may,  from  time  to  time, 
require,  and  under  the  supervision  of  the  department  of  public  works  or 
other  proper  department  or  officer  of  said  city,  and  erect  and  construct 
the  approaches  to  all  such  viaducts  with  proper  areas  or  either  side  of 
such  approaches.  Provided,  however,  that  where  any  such  viaduct 
cannot  be  built  at  any  such  street  crossing  without  the  same  be  built 
over  the  track  or  tracks  of  some  other  railroad  company  or  companies, 
then  the  said  Chicago  and  Western  Indiana  Railroad  Company  shall 
only  be  obliged  to  join  with  such  other  last  mentioned  railroad  com- 
pany or  companies,  in  the  construction  and  maintenance  of  such  via- 
duct, and  to  pay  their  fair  proportion  of  the  cost  of  such  viaduct  or  via- 
ducts, and  if  such  other  railroad  company  or  companies  shall  not  join 
in  the  erection  of  any  such  viaduct,  then  when  the  proportion  of  such 
other  company  or  companies  shall  be  otherwise  provided,  the  said 
Chicago  and  Western  Indiana  Railroad  Company  shall  pay  its  fair 
proportion  of  the  cost  of  any  such  viaduct. 

IT  5.  Subject  to  laws  and  ordinances.]  § 5.  The  said  rail- 
road company  shall  be  subject  to  all  general  laws  and  ordinances  of  the 
city  of  Chicago  in  relation  to  railroads  which  are  now  or  may  here- 
after be  in  force. 

IT  6.  Indemnity.]  § 6.  The  permission  and  authority  hereby 
granted  are  upon  the  further  expressed  condition  that  the  said  railroad 
company  shall,  and  will  forever  indemnify  and  save  harmless  the  city 
of  Chicago  against  and  from  any  and  all  damages,  judgments,  decrees 
and  costs  and  expenses  of  the  same,  which  it  may  suffer  or  which  may 
be  recovered  or  obtained  against  said  city,  for  or  by  reason  of  the 
granting  of  such  privileges  and  authority,  or  for  or  by  reason  of,  or 
growing  out  of,  or  resulting  from,  the  passage  of  this  ordinance  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by  said  com- 
pany of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  the 
said  company,  under  or  by  virtue  of,  the  provisions  of  this  ordinance. 

IT  7.  Side  tracks — power  to  lease  main  tracks.]  § 7.  The 

permission  and  authority  herein  granted  are  upon  the  further  expressed 
condition,  to-wit:  That  said  railway  company  shall  permit  any  corpo- 
ration, person  or  persons,  duly  authorized  by  ordinance  of  said  city, 
to  construct  side  tracks  to  intersect  any  track  or  tracks  of  said  railroad 
company,  within  the  limits  of  said  city,  for  the  purpose  of  conveying 
property  to  and  from  such  railroad  to  any  warehouse,  lumber  yard,  coal 
yard  or  any  manufactory  situated  within  one  thousand  feet  of  said  rail- 
road, and  upon  reasonable  compensation  being  made  therefor  shall  at 
all  times  permit  the  owners,  or  lessees  of  any  such  side  tracks,  or  the 
consignees  of  any  property,  to  take  the  cars  containing  such  property 


CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


589 


to  him  or  them  consigned,  to  any  such  warehouse,  lumber  yard,  coal 
yard  or  manufactory,  situated  upon  any  such  side  track;  Provided, 
however,  that  any  cars  so  taken  shall  be  returned  without  any  unneces- 
sary delay,  and  that  any  such  owner,  lessee  or  person  conducting  or 
carrying  on  any  such  warehouse,  lumber  yard,  coal  yard  or  manufac- 
tory, shall  be  entitled  to  have  any  property  taken  from  any  such  ware- 
house, lumber  yard,  coal  yard  or  manufactory,  over  any  such  side  track 
to  and  upon  the  tracks  of  said  railroad,  under  the  directions  and  regula- 
tions of  said  railroad  company  without  unreasonable  delay: 

And  provided  further,  that  the  privileges  authorized  herein  are 
granted  upon  the  express  condition,  that  the  Chicago  and  Western  In- 
diana Railroad  Company  shall  permit  any  other  railroad  companies, 
not  exceeding  two  in  number  (which  have  not  at  present  any  right  of 
entrance  into  the  city  of  Chicago  under  any  existing  ordinance),  to 
use  the  said  main  railroad  tracks  herein  authorized  to  be  laid  jointly 
with  the  said  Chicago  and  Western  Indiana  Railroad  Company,  upon 
such  fair  and  equitable  terms,  as  may  be  agreed  upon  by  said  com- 
panies, and  in  the  event  that  said  companies  cannot  agree  upon  such 
terms,  the  same  shall  be  settled  by  three  disinterested  persons,  one  to 
be  selected  by  said  Chicago  and  Western  Indiana  Railroad  Company, 
one  to  be  named  by  such  other  company  as  may  desire  to  use  said 
tracks,  and  the  third  by  said  two  persons,  and  the  terms  and  conditions 
which  shall  be  fixed  and  determined  by  said  persons,  or  a majority  of 
them,  shall  be  the  terms  and  conditions  upon  which  said  companies 
respectively  shall  use  and  occupy  said  tracks ; and  upon  the  further  ex- 
press condition  that  said  Chicago  and  Western  Indiana  Railroad  Com- 
pany, and  any  other  railroad  companv  or  companies,  that  shall  con- 
struct or  operate  said  railroad  under  this  ordinance,  or  under  lease  from 
or  contract  with  the  said  Chicago  and  Western  Indiana  Railroad  Com- 
pany shall  be  held  jointly  bound  to  pay  all  legal  damages  that  may 
accrue  to  the  owners  of  propertv  by  reason  of  the  construction  or  op- 
eration of  said  railroad  under  this  ordinance. 

T 8.  Limit  for  construction.]  § 8.  The  privilege  and  au- 
thority hereby  granted  are  so  granted  upon  the  further  express  con- 
dition, that  the  tracks  authorized  by  this  ordinance  shall  be  laid  down 
and  constructed  within  one  year  from  the  passage  of  this  ordinance, 
and  if  not  so  constructed  and  in  operation,  all  the  rights  and  privileges 
granted  by  this  ordinance  to  such  company  shall  cease  and  be  null  and 
void. 

If  9.  When  in  force.]  § 9.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  ordinance. 

§ 307.  Chicago  & Western  Indiana  Railroad  company. 

*f[  1.  Preamble. 

T 2.  Prohibited  territory  as  to  track  laying, 
f 3.*  Route  designated. 


590 


RAILROADS. 


[§  307 


^ 4.  Track  on  Fourth  avenue — crossing  Fourteenth  street. 

% 5-  Purchase  of  school  land — stipulation  with  board  of  education. 

6.  Ordinance  of  September  15,  1879,  ratified, 
f 7.  When  in  force — acceptance. 

An  ordinance  construing  the  ordinance  of  September  15,  1879,  granting  rights  to 
the  Chicago  & Western  Indiana  Railroad  company,  and  granting  other  and 
further  rights.  (Passed  August  6,  1883.  Accepted  August  15,  1883.) 

1.  Preamble.]  Whereas,  differences  have  arisen  between  the 
city  of  Chicago  and  the  Chicago  and  Western  Indiana  Railroad  Com- 
pany, as  to  the  rights  of  said  company  under  an  ordinance  passed  by 
the  city  council  of  said  city,  dated  September  15th,  1879;  and  whereas, 
the  said  city  has,  by  ordinance,  ordered  the  extension  of  Dearborn 
street  through  part  of  the  territory  in  which  the  said  railroad  com- 
pany has  located  its  railroad,  and  proceedings  have  been  had  to  as- 
certain the  compensation  to  be  paid  to  the  owners  of  the  portions 
of  the  lots  sought  to  be  taken  for  that  purpose  in  the  superior  court 
of  Cook  county,  Illinois,  and  judgment  has  been  rendered  therein, 
from  which  said  judgment  said  company  has  taken  an  appeal  to  the 
supreme  court  of  Illinois;  and  whereas,  the  said  railroad  company  has 
intimated  that  it  would  compromise  all  of  said  matters  provided  the 
city  would  grant  it  certain  privileges  on  certain  alleys  and  streets,  as 
hereinafter  set  forth,  and  abandon  the  proposed  opening  of  Dearborn 
street  from  Polk  to  Taylor  streets,  and  also  sell  to  said  company  what 
is  known  as  the  school  property,  on  Third  avenue,  near  Twelfth  street, 
at  a reasonable  price;  and  whereas,  the  board  of  education  has  re- 
quested said  council,  upon  certain  conditions  hereinafter  more  fully 
set  forth,  to  sell  the  said  school  property  for  the  sum  of  ninety  thousand 
dollars  ($90,000),  and  whereas,  the  said  railroad  company  owns  more 
than  a majority  of  the  frontage  on  both  sides  of  the  parts  of  the  streets 
and  alleys,  which  by  the  terms  of  this  ordinance  the  said  railroad  comr 
pany  is  authorized  to  construct  its  tracks  upon,  or  use  for  railroad  pur- 
poses; and  whereas,  the  public  interests  require  that  all  differences  and 
disputes  aforesaid  shall  be  settled  at  the  earliest  possible  time,  therefore 
for  the  purpose  of  settling  the  same,  and  by  way  of  compromise, 

If  2.  Prohibited  territory  as  to  track  laying.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  The  Chicago  and 
Western  Indiana  Railroad  Company  shall  not  lay  down  any  track  or 
tracks  upon  any  of  the  following  described  territory  in  the  city  of  Chi- 
cago, viz. : The  territory  lying  north  of  the  south  line  of  Polk  street,  or 
upon  the  territory  between  Twelfth  and  Polk  streets,  east  of  the  west 
line  of  Third  avenue,  or  upon  the  territory  between  Twelfth  and  Polk 
streets,  west  of  the  east  line  of  Clark  street. 

Tf  3.  Route  designated.]  § 2.  Permission  and  authority  is 
hereby  granted  to  the  Chicago  and  Western  Indiana  Railroad  Com- 
pany to  use  for  railroad  and  depot  purposes,  the  streets  and  alley's  de- 
scribed as  follows,  to-wit:  Those  portions  of  Third  avenue  and  of 

Fourth  avenue  dedicated  for  street  purposes  in  fhe  subdivision  known 


307]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


591 


as  Walker,  Shelby  and  Greer’s  subdivision  of  the  Ulich  tract,  in  the 
east  fraction  of  the  northeast  quarter  of  section  twenty-one  (21),  town- 
ship thirty-nine  (39)  north,  range  fourteen  (14)  east  of  the  third  prin- 
cipal meridian,  in  the  city  of  Chicago,  Cook  county,  Illinois,  and  also 
the  alley  extending  north  and  south  between  Third  avenue  and  State 
street,  from  Fourteenth  street  to  near  Twelfth  street;  thence  running 
west  to  Third  avenue,  and  also  the  alley  running  north  and  south  be- 
tween Taylor  and  Polk  streets,  between  Third  avenue  and  Fourth 
avenue,  whenever  and  wherever  the  said  railroad  company  owns  the 
land  on  both  sides  of  said  several  parts  of  said  streets  and  alleys;  Pro- 
vided, that  whenever  and  wherever  the  said  railroad  company  has  ac- 
quired or  shall  acquire  the  title  to  the  adjoining  lots  fronting  on  both 
sides  of  said  parts  of  streets,  avenues,  and  alleys,  and  each  or  either 
of  them,  and  shall  also  acquire  the  interests  of  the  owners  of  any  re- 
versionary right  or  title  to  the  land  occupied  thereby,  thereupon  such 
street,  avenue  or  alley,  and  such  streets,  avenues  or  alleys  shall  at 
once  and  without  further  ordinance,  become  vacated,  and  all  interest 
therein  held  by  said  city  shall  cease  and  pass  to  said  railroad  company. 

1}  4.  Track  on  Fourth  avenue— crossing  Fourteenth  street.] 
§ 3.  Permission  and  authority  is  hereby  granted  to  the  Chicago  and 
Western  Indiana  Railroad  Company  to  lay  down  one  track  on  the  east 
side  of  Fourth  avenue,  extending  from  Fourteenth  street  to  Twelfth 
street,  the  west  rail  of  said  track  to  be  not  more  than  nine  and  one-halt 
feet  from  the  east  side  of  said  avenue,  and  in  connecting  the  said  track 
may  cross  Fourteenth  street  west  of  the  west  line  of  said  Fourth  avenue 
where  the  said  company  owns  the  land  on  both  sides  of  said  streets  at 
the  point  of  crossing. 

IF  5.  Purchase  of  school  land — stipulation  with  board  of  ed- 
ucation.] § 4.  The  board  of  education  having  presented  to  this 
council  the  following  resolution  passed  by  said  board  at  its  regular 
meeting  held  July  26th,  1883,  to-wit: 

“Whereas,  The  real  estate  known  and  described  as  lots  13  and 
18,  and  the  north  part  of  lot  19,  in  block  130,  and  lots  15  and  16,  and 
the  north  part  of  lot  21,  in  block  131,  all  in  School  section  addition  to 
Chicago,  in  the  county  of  Cook  and  state  of  Illinois,  is  held  by  the  city 
of  Chicago,  in  trust,  for  schools,  and  is  used  for  school  purposes : 

“And  whereas,  The  Chicago  and  Western  Indiana  Railroad  Com- 
pany has  offered  to  purchase  the  same  for  the  sum  of  eighty-five  thou- 
sand (85,000)  dollars,  and  the  board  of  education  of  the  said  city  of 
Chicago  thinks  it  advisable  that  a sale  of  said  propertv  should  be  made 
to  the  said  Chicago  and  Western  Indiana  Railroad  Company: 

“And  whereas,  The  Chicago  and  Western  Indiana  Railroad  Com- 
pany has  agreed  that  in  case  of  its  purchase  of  said  property  at  said 
sum,  the  city  of  Chicago  shall  have,  and  continue  to  have,  the  use,  for 
school  purposes,  of  the  east  eighty  feet  of  said  property  above  described, 
which  lies  in  block  131,  together  with  the  east  eighty  feet  of  the  re- 
mainder of  lot  21  and  of  lot  22,  both  in  said  block  131,  together  with 


592 


RAILROADS. 


the  buildings  situate  thereon,  for  the  period  of  two  years  from  the  first 
day  of  the  present  month  of  July,  A.  D.  1883,  as  the  tenant  of  the  said 
Chicago  and  Western  Indiana  Railroad  Company,  but  without  rent; 

“Now,  therefore,  In  conformity  with  law,  the  board  of  education  of 
the  city  of  Chicago,  by  this,  its  resolution,  requests  the  city  council  of 
said  city  of  Chicago  to  sell  the  said  property  above  described,  to-wit: 
Lots  13  and  18,  and  that  part  of  lot  19,  in  block  130,  and  lots  15  and 
16,  and  that  part  of  lot  21,  in  block  131,  all  in  School  section  addition 
to  Chicago,  in  the  county  of  Cook  and  state  of  Illinois,  which  is  held 
and  owned  by  the  city  of  Chicago,  to  the  Chicago  and  Western  In- 
diana Railroad  Company  at  and  for  the  sum  of  ninety  thousand  (90,000) 
dollars,  and  to  convey  the  same  to  the  said  Chicago  and  Western  In- 
diana Railroad  Company;  Provided,  however,  that,  in  case  of  such  sale, 
the  city  of  Chicago  shall  have  the  use  and  occupation  of  all  that  por- 
tion of  the  lots  in  block  13 1,  so  to  be  sold,  east  of  a line  twenty  feet 
west  of  the  west  line  of  the  school  building  known  as  the  Third  ave- 
nue school  building,  and  also  the  use,  as  lessee,  of  all  that  portion  of 
the  remainder  of  lot  21  and  lot  22,  in  said  block  131,  east  of  the  same 
line  above  described  continued  south  to  Twelfth  street,  for  school  pur- 
poses, for  the  period  of  two  years  from  the  first  day  of  July  inst.,  with- 
out rent;  and  that  the  said  Chicago  and  Western  Indiana  Railroad 
Company  shall,  immediately  upon  receiving  possession  of  the  westerly 
portion  of  the  property  above  described,  put  up  and  thereafter  main- 
tain a high-board  fence  satisfactory  to  the  committee  on  buildings  and 
grounds  of  the  board  of  education,  on  the  line  above  described  twenty 
feet  west  of  the  west  wall  of  the  school  building,  and  the  said  railroad 
company  shall  also  at  the  same  time  level  and  put  in  good  condition  for 
use  as  a playground,  the  ground  east  of  said  line  twenty  feet  west  of 
the  west  wall  of  the  school  building,  lying  between  the  school  lot  and 
Twelfth  street.  Such  conveyance  to  be  upon  the  express  condition 
that  the  said  Chicago  and  Western  Indiana  Railroad  Company,  its 
grantees,  successors,  lessees  and  assigns,  shall  first  file  with  this  board 
its  agreement  that  it  or  they  will  in  no  case  extend,  or  attempt  to  ex- 
tend, the  northern  terminus  of  said  railroad  north  of  the  south  line  of 
Polk  street,  as  now  laid  out  in  the  city  of  Chicago.  This  condition  to 
be  assented  to  bv  said  company  and  to  be  speciallv  embraced  in  the 
deed  of  convevance  of  said  property,  and  a violation  thereof  to  have 
the  effect  to  forfeit  the  grant  and  authorize  a re-entrv  bv  the  grantors, 
and  terminate  all  rights  of  said  railroad  company,  its  successors, 
grantees  or  assigns  in  or  to  said  premises.” 

Therefore.  It  is  herebv  ordered  that  a conveyance  be  made  bv  the 
citv  of  Chicago  to  the  Chicago  and  Western  Indiana  Railroad  Com- 
panv  of  the  said  described  premises,  and  upon  the  terms  and  conditions 
and  for  the  consideration  named  in  said  resolution  of  the  board  of  ed- 
ucation. and  in  all  respects  in  conformitv  with  said  resolution. 

1 6.  Ordinance  of  September  15,  1879,  ratified.!  § 5.  The 
privileges  granted  to  the  Chicago  and  Western  Indiana  Railroad  Com- 


CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


593 


pany  by  the  ordinances  passed  September  15th,  1879,  and  the  acts  of 
said  company  under  the  same,  are  hereby  ratified  and  confirmed  ex- 
cept as  hereinbefore  mentioned. 

If  7.  When  in  force — acceptance.]  § 6.  This  ordinance  is 

intended  as  an  offer  of  compromise  of  the  disputed  questions  between 
the  city  of  Chicago  and  the  said  Chicago  and  Western  Indiana  Rail- 
road Company,  as  stated  in  the  preamble  hereto,  and  shall  not  take 
effect  and  be  in  force  until  it  shall  be  accepted  by  said  company,  and 
until  such  acceptance  shall  be  filed  with  the  city  clerk,  said  acceptance 
to  contain  an  express  relinquishment  or  release  by  said  railroad  com- 
pany of  all  claim  or  right  upon  the  part  of  said  company  to  use  or  oc- 
cupy for  railroad  purposes  any  territory  north  of  the  south  line  of  Polk 
street,  in  the  city  of  Chicago,  or  any  other  territory  from  which  it  is 
excluded  by  the  terms  of  this  ordinance. 

§ 308.  Chicago  & Western  Indiana  Railroad  company. 

If  1.  Grant  -route. 

A grant  by  the  commissioners  of  highways  of  the  town  of  Calumet  to  the  Chicago 
& Western  Indiana  Railroad  company.  (Granted  September  15,  1879.) 

If  1.  Grant — route.]  Know  all  men  by  these  presents:  That 

the  undersigned,  commissioners  of  highways  of  the  town  of  Calumet, 
in  the  county  of  Cook  and  state  of  Illinois,  do  hereby  consent  to  the 
construction,  by  the  Chicago  and  Western  Indiana  Railroad  Company, 
of  its  railway  across  and  along  the.  highways  in  the  said  town,  which 
the  route  of  said  railway,  as  at  present  selected  and  located,  intersects, 
touches  and  passes  over,  provided  that  the  said  railroad  company  shall 
first  construct  the  necessary  culverts  and  sluices,  as  the  natural  lay  of 
the  land  requires  for  the  necessary  drainage  thereof,  and  shall  restore 
the  highways  so  intersected,  touched  or  passed  over  to  their  former 
state,  or  to  such  state  as  not  unnecessarily  to  impair  their  usefulness, 
as  provided  for  by  the  statutes  of  said  state.  And  shall  efficiently  re- 
store any  portion  or  system  of  public  drainage  which  may  be  con- 
structed, injured  or  impaired  by  the  construction  of  the  said  railway 
upon  its  route  as  now  located,  commencing  at  the  center  of  the  north 
line  of  section  four  (4)  in  said  town,  and  running  thence  south  on  the 
center  lines  of  sections  four  (4),  nine  (9)  and  sixteen  (16),  to  the  center 
of  the  south  line  of  said  section  sixteen  (16),  and  thence  southeasterly 
through  the  east  half  of  section  twenty-one  (21),  in  said  town,  to  the 
east  line  of  said  town. 

Dated  this  15th  day  of  September,  A.  D.  1879. 

F.  A.  RICH,  JR., 

H.  G.  MYRICK, 
LOUIS  MELCHER, 

Commissioners  of  Highways  of  the  Town  of  Calumet,  Cook  County, 
Illinois. 

Note. — See  the  following  agreement. 


594 


RAILROADS. 


[§  309 


AN  AGREEMENT  OF  THE  CHICAGO  & WESTERN  INDIANA  RAIL- 
ROAD COMPANY  WITH  THE  COMMISSIONERS  OF  HIGH- 
WAYS OF  THE  TOWN  OF  CALUMET. 

Dated  September  15,  1879. 

Whereas,  the  commissioners  of  highways  of  the  town  of  Calumet, 
in  the  county  of  Cook  and  state  of  Illinois,  have  granted  to  the  Chi- 
cago and  Western  Indiana  Railroad  Company  their  consent  to  the  con- 
struction of  its  railway  across,  along  and  upon  the  highways  in  the  said 
town,  which  the  route  of  the  said  railway,  as  now  selected  and  located, 
intersects  and  touches; 

Now,  therefore,  in  consideration  of  such  consent,  the  said  rail- 
road company  does  hereby  covenant  and  agree  to  and  with  the  said 
commissioners  of  highways  and  their  successors  in  office,  that  the  said 
railroad  company  will  construct  and  maintain  the  necessary  culverts 
and  sluices,  as  the  natural  lay  of  the  land  requires  for  the  necessary 
drainage  thereof;  that  it  will  restore  the  highways  so  intersected, 
touched  or  passed  over  to  their  former  state,  or  to  such  state  as  not 
unnecessarily  to  impair  their  usefulness,  as  is  provided  by  the  statutes 
of  said  state,  and  that  it  will  efficiently  restore  any  portion  or  system 
of  public  drainage  which  may  be  obstructed,  injured  or  impaired  by 
the  construction  of  its  said  railway. 

In  testimony  whereof,  John  B.  Brown,  president  of  the  said  the 
Chicago  and  Western  Indiana  Railroad  Company,  has  hereunto  set 
his  hand  and  caused  the  seal  of  the  said  company  to  be  hereunto  af- 
fixed, this  15th  day  of  September,  A.  D.  1879. 

CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 
[Seal.]  By  J.  B.  BROWN,  President. 

Attest:  H.  G.  STONE,  Secretary. 

§ 309.  Chicago  & Western  Indiana  Railroad  company. 

If  1.  Telegraph  line. 

nr  2.  Route  of  railroad — dedication  of  alley — construction  of  sewer, 
m 3.  Grant  in  perpetuity — no  right  to  use  private  property,  except, 
nt  4.  Use  of  streets — maintenance  and  repair — ditches — flagmen, 
nr  5.  Indemnity. 

"IT  6.  Construction,  time  limit — stations — five  cent  fare, 
nt  7-  Company  and  lessees  liable  for  damages, 
nt  8.  Who  bound — acceptance. 

An  ordinance  granting  right  of  way  to  the  Chicago  & Western  Indiana  Railroad 
company.  (Passed  October  10,  1879.  Accepted  October  10,  1879.) 

1”  1.  Telegraph  line.]  § 1.  Permission  is  hereby  granted  by 
the  town  of  Lake  to  the  Chicago  and  Western  Indiana  Railroad  Com- 
pany to  erect  a telegraph  line  consisting  of  one  or  more  wires,  placing 
the  necessary  poles  on  the  east  side  of  the  route  of  the  railroad  of  said 
company,  as  heretofore  described  in  an  ordinance  granted  by  said 
town,  and  as  further  provided  herein.  The  poles  herein  authorized 


309]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


595 


to  be  erected  shall  be  placed  in  such  position  on  streets  or  otherwise  as 
shall  be  directed  by  the  board  of  trustees  of  said  town. 

T 2.  Route  of  railroad — dedication  of  alley— construction  of 
sewer.]  § 2.  Permission  is  hereby  further  granted  to  said  Chicago 
and  Western  Indiana  Railroad  Company  to  lay  down  one  or  more  rail- 
road tracks  with  the  necessary  and  proper  turnouts,  sidings  and 
switches,  from  a point  near  Auburn,  the  terminus  of  the  line,  as  granted 
in  a former  ordinance  by  said  town  to  said  railroad  company;  thence 
north  on  Wallace  or  Market  street,  or  any  ground  which  the  company 
now  owns  or  hereafter  may  acquire  by  purchase,  donation,  condemna- 
tion or  otherwise,  to  or  near  Cushman  street;  thence  making  a proper 
curve  to  a point  on  the  west  side  of  Stewart  avenue  on  any  lands  said 
company  may  acquire,  using  such  part  of  Cushman  street  as  may  be 
necessary,  and  crossing  Forty-seventh  street  at  a point  not  more  than 
two  hundred  and  fifty  feet  west  of  said  Stewart  avenue,  thence  north 
along  Stewart  avenue  to  the  north  line  of  said  town  upon  any  land  the 
said  company  may  acquire  by  purchase,  using  the  street  or  alley  lying 
between  Layton  street  and  Forty-fifth  street,  and  adjoining  said  Stew- 
art avenue,  provided  that  said  company  shall  dedicate  an  alley  sixteen 
feet  in  width  west  of  and  adjoining  such  right  of  way,  as  said  company 
may  acquire  between  said  Layton  street  and  Forty-fifth  street;  also 
provided  that  said  railroad  track  shall  be  laid  east  of  the  center  line  ot 
said  Wallace  or  Market,  and  not  nearer  than  six  feet  to  the  east  line  ot 
said  street:  And  provided  further,  that  If  said  railroad  company  shall, 
under  the  direction  of  the  board  of  trustees,  construct  a brick  sewer  in 
said  Wallace  or  Market  street  of  sufficient  capacity  to  drain  said  street, 
and  not  less  than  three  and  one  half  feet  in  diameter,  together  with  all 
necessary  catch  basins,  and  fill  said  street  to  grade  and  cover  the  same 
with  gravel  to  the  depth  of  at  least  one  foot,  then,  and  in  that  case,  the 
said  railroad  company  may  occupy  seven  feet  in  width  of  said  street 
west  of  and  adjoining  the  route  hereinbefore  described,  making  in  all 
thirty-four  (34)  feet  in  width  that  said  railroad  company  may  use  of 
said  street  west  of  and  adjoining  the  east  six  feet  thereof,  and  sai<b£ewer 
shall  thereafter  belong  to  and  be  under  control  of  the  town  of  Lake: 
And  provided  further,  that  when  said  sewer  is  built,  and  said  street 
graded  and  graveled  as  hereinbefore  described,  then  and  thereafter 
said  railroad  company  are  not  to  be  liable  for  the  maintenance  or  re- 
pairs of  said  sewer  or  streets:  And  provided  further,  that  said  sewer 
need  not  be  built  nor  street  filled  to  grade  and  graveled  in  that  portion 
of  said  Wallace  or  Market  street  lying  south  of  Sixty-third  street  until 
ordered  by  the  board  of  trustees,  and  not  sooner  than  thirty  (30) 
months  from  this  date;  and  where  said  Wallace  street  does  not  form  a 
straight  line  said  railroad  company  may  occupy  such  portion  thereof 
as  may  be  necessary  in  order  to  lay  their  tracks,  but  not  to  exceed  the 
width  above  designated,  the  right  to  use  said  streets  and  alleys  being 
granted  only  so  far  as  the  same  are  dedicated  for  public  purposes,  and 


596  RAILROADS.  [§  309 

to  the  extent  that  the  board  of  trustees  of  the  town  of  Lake  has  power 
to  grant  the  same. 

1 3.  Grant  in  perpetuity — no  right  to  use  private  property, 
except.]  § 3.  The  said  Chicago  and  Western  Indiana  Railroad 
Company  may  forever  afterward  operate  the  said  tracks  with  steam 
power,  subject,  however,  at  all  times,  to  the  general  ordinances  of  the 
town  of  Lake  now  in  force,  or  that  may  hereafter  be  adopted  by  the 
board  of  trustees.  It  may  cross  any  and  all  streets,  alleys,  highways 
and  railroads  it  may  be  necessary  to  do  to  pursue  the  route  designated 
in  the  second  section  hereof,  but  the  tracks  hereby  authorized*  to  be 
laid  and  maintained  when  they  are  laid  in  or  along  a public  street  or 
alley  subject  to  the  direction  of  the  board  of  trustees  of  the  town,  and 
it  is  expressly  understood  that  the  board  of  trustees  of  the  town  of 
Lake  grant  by  this  ordinance  no  right  to  enter  upon  or  use  private 
property  or  private  streets  without  the  consent  of  the  owners  thereof 
first  being  obtained  by  said  railroad  company. 

^ 4.  Use  of  streets — maintenance  and  repair— ditches — flag- 
men.] § 4.  The  permission,  authority  and  privileges  hereby 
granted,  are  upon  the  express  condition  that  the  said  railroad  company, 
its  grantees,  lessees  or  assigns,  shall  also  at  all  times  keep  in  good  re- 
pair and  condition,  in  accordance  with  the  ordinance  of  the  town  of 
Lake  now  in  force  or  which  may  hereafter  be  passed,  a good  and  suffi- 
cient road  bed  for  the  accommodation  and  use  of  the  public  in  and 
along  all  such  streets  or  parts  of  streets  in  which  it  shall  construct  its 
tracks  under  the  provisions  of  this  ordinance,  and  shall  build  and  main- 
tain such  road  bed  where  such  tracks  are  laid  in  and  along  a public 
street,  and  such  tracks  shall  be  laid  in  such  a manner  as  to  interfere  as 
little  as  possible  with  the  use  of  such  streets  for  teams  and  pedestrians, 
and  shall  keep  in  repair  under  the  direction  of  the  board  of  trustees 
of  said  town,  all  culverts,  drains,  and  ditches  necessary  for  the  carry- 
ing  off  of  water  on  both  sides  of  said  railroad,  and  to  prevent  the  ac- 
cumulation of  water  by  reason  of  the  construction  of  said  railroad,  and 
also  shall  construct  and  maintain  under  the  direction  of  the  board  of 
trustees  of  said  town  a ditch  or  drain  on  each  side  of  said  railroad, 
continuous  through  the  town  of  Lake,  of  sufficient  width  and  depth  to 
afford  free  discharge  of  all  w^ater  that  may  accumulate  along  the  line 
of  said  railroad;  the  inside  line  of  said  ditches  on  said  Wallace  or 
Market  street,  to  be  six  feet  from  the  east  and  west  sides  respectively 
of  said  street,  and  the  said  railroad  company  may,  in  lieu  of  such 
ditches,  construct  one  or  more  covered  drains  or  sewers  If  of  sufficient 
capacity;  said  railroad  company  shall  also  build  and  maintain  all 
crossings  at  streets  and  roads  and  the  approaches  thereto,  under  the 
direction  of  the  board  of  trustees  of  said  town,  and  shall  keep  a flag- 
man at  all  such  crossings  as  shall  be  required  by  said  board  of  trus- 
tees. The  above  obligations  to  repair  and  maintain  the  street  and 
sewer  in  said  Wallace  or  Market  street  to  be  subject  to  the  limitations 
of  the  last  proviso  of  section  two  (2)  of  this  ordinance. 


§ 309]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  597 

T 5.  Indemnity.]  § 5.  The  permission  and  authority  here- 
by granted  are  upon  the  further  express  condition  that  the  said  rail- 
road company  and  its  grantees,  lessees  and  assigns,  shall  and  will  for- 
ever indemnify  and  save  harmless  the  town  of  Lake  against  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  town,  for  or  by  reason  of  granting  of  such  privileges  and 
authority,  or  for  or  by  reason  of  or  growing  out  of  or  resulting  from 
the  passage  of  this  ordinance  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company,  its  grantees,  lessees  or 
assigns  of  the  privileges  hereby  granted,  or  from  any  act  or  acts 'of 
the  said  company,  its  grantees,  lessees,  or  assigns,  under  or  by  virtue 
of  the  provisions  of  this  ordinance. 

1 6.  Construction,  time  limit  —stations— five  cent  fare.]  § 6. 

The  permission  and  authority  hereby  granted  are  upon  the  further  ex- 
press conditions  that  the  said  railroad  company  shall  construct  said 
road  so  as  to  have  its  cars  running  thereon  within  one  year  from  this 
date,  and  shall  establish  and  forever  maintain  at  least  two  trains  each 
way  per  day,  to  run  over  the  said  line  from  Chicago  through  said  town 
at  convenient  hours,  and  stopping  at  convenient  places  for  the  ac- 
commodation of  passengers,  and  at  such  places  as  the  board  of  trus- 
tees of  the  town  may  direct,  and  that  all  passenger  trains  jun  over 
said  road,  whether  by  the  said  Chicago  and  Western  Indiana  Railroad 
Company,  its  assigns,  grantees  or  lessees,  shall  stop  for  the  accommo- 
dation of  passengers  at  Sixty-third  street  in  said  town  of  Lake,  and 
commutation  tickets  for  ten  rides  or  more,  good  on  all  passenger 
trains  which  may  run  over  said  road, ^ shall  be  kept  on  sale  at  the  Chi- 
cago office  of  said  company,  at  a rate  not  exceeding  five  (5)  cents  for 
single  fare  between  said  Sixty-third  street  and  the  terminal  depot  of' 
said  company  in  Chicago,  and  not  exceeding  one  (1)  cent  per  mile  for 
all  distances  south  of  said  Sixty-third  street. 

1 7.  Company  and  lessees  liable  for  damages.]  § 7.  The 

permission,  authority  and  privileges  hereby  granted  are  upon  the  ex- 
press condition  that  said  Chicago  and  Western  Indiana  Railroad  Com- 
pany, and  any  other  railroad  company  or  companies,  that  shall  con- 
struct or  operate  said  railroad  under  this  ordinance,  or  under  lease 
from  or  contract  with  the  Chicago  and  Western  Indiana  Railroad 
Company  shall  be  held  jointly  or  severally  bound  to  pay  all  legal  dam- 
ages that  may  accrue  to  the  owners  of  property  by  reason  of  the  6pera- 
tion  of  .said  railroad  under  this  ordinance. 

T 8.  Who  bound— acceptance.]  § 8.  The  provisions  of  this 
ordinance  shall  extend  to  and  be  binding  upon  all  the  grantees,  lessees 
or  purchasers  deriving  title  through  or  under  said  Chicago  and  West- 
ern Indiana  Railroad  Company,  and  this  ordinance  shall  not  be  in  force 
until  a written  acceptance  thereof  by  said  Chicago  and  Western  Indi- 


598 


RAILROADS. 


[§  310 


ana  Railroad  Company  is  filed  with  the  town  clerk  of  the  town  of 
Lake. 

Note. — See  following  amendatory  ordinance. 

§ 310.  Chicago  & Western  Indiana  Railroad  company. 

IT  1.  Preamble. 

TT  2.  Amendment — telegraph  line  authorized. 

IT  3.  Route  of  railroad  line — dedication  of  alley — sewer. 

IT  4*  Grant  in  perpetuity— crossing  of  streets  and  alleys — rights  of 
owners  of  property. 

•[T  5.  Use  of  streets — maintenance  and  repair — ditches — flagmen. 

IT  6.  Indemnity. 

it  7-  Construction,  time  of — stations — five  cent  fare. 

it  8.  Company  and  its  lessees  liable  for  damages. 

it  9.  Who  bound — acceptance. 

An  ordinance  amending  an  ordinance  granting  a right  of  way  to  the  Chicago  & 
Western  Indiana  Railroad  Company,  passed  October  10,  1879.  (Adopted 
November  7,  1879.  Accepted  November  7,  1879.) 

f 1.  Preamble.]  Whereas,  on  the  10th  day  of  October,  A.  D. 
1879,  an  ordinance  was  passed  by  the  trustees  of  the  town. of  Lake, 
by  which  the  Chicago  and  Western  Indiana  Railroad  Company  was 
granted  the  right  of  way  on  Wallace  street,  or  Market  street  from 
Auburn  to  Cushman  street,  it  being  intended  thereby  to  grant  them  the 
right  to  use  Wallace  street  through  Beck  park: 

And,  whereas,  there  is  some  doubt  as  to  whether  said  ordinance 
did  expressly  grant  said  company  the  right  to  use  what  is  designated 
on  recorded  plat  as  Wallace  parkway,  being  the  street  through  said 
park  on  the  route  of  said  Wallace  street. 

And,  whereas,  the  said  company  has  only  used  said  Wallace 
street  to  Forty-ninth  street: 

Now,  therefore,  for  the  purpose  of  more  clearly  expressing  the 
intent  of  said  ordinance  as  to  Wallace  parkway,  and  for  the  purpose 
of  limiting  the  use  of  Wallace  street  south  of  Forty-ninth  street, 

IT  2.  Amendment — telegraph  line  authorized.]  Be  it  ordained 
by  the  board  of  trustees  of  the  town  of  Lake,  that  an  ordinance  passed 
on  the  tenth  (10)  day  of  October,  A.  D.  1879,  1S  hereby  amended  so  as 
to  read  as  follows:  An  ordinance  granting  the  right  of  way  to  the 

Chicago  and  Western  Indiana  Railroad  Company:  § 1.  Permission 

is  hereby  granted  by  the  town  of  Lake  to  the  Chicago  and  Western 
Indiana  Railroad  Company  to  erect  a telegraph  line  consisting  of  one 
or  more  wires,  placing  the  necessary  poles  on  the  east  side  of  the  route 
of  the  railroad  of  said  company  as  heretofore  described  in  an^  ordi- 
nance granted  by  said  town  and  as  further  provided  herein.  The  poles 
hereby  authorized  to  be  erected  shall  be  placed  in  such  position,  on 
streets  or  otherwise,  as  shall  be  directed  by  the  board  of  trustees  of 
said  town. 

1 3.  Route  of  railroad  line— dedication  of  alley— sewer.]  §2. 

Permission  is  hereby  further  granted  to  said  Chicago  and  Western  In- 


§ 310]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  599 

diana  Railroad  Company  to  lay  down  one  or  more  railroad  tracks, 
with  the  necessary  and  proper  turnouts,  sidings  and  switches,  from  a 
point  near  Auburn,  the  terminus  of  the  line,  as  granted  in  former  ordi- 
nance by  said  town  to  said  railroad  company;  thence  northwardly  on 
Wallace  street  to  Wallace  parkway,  thence  on  Wallace  parkway,  fol- 
lowing the  meanderings  thereof  to  the  north  line  of  Beck’s  park; 
thence  northwardly  on  Wallace  street  and  Market  street,  or  in  whole 
or  in  part  on  any  ground  which  the  company  now  owns  or  hereafter 
may  acquire  by  purchase,  donation,  condemnation  or  otherwise,  to  or 
near  49th  street,  it  being  intended  to  grant  said  company  the  use  ol 
said  streets  between  said  Auburn  and  said  49th  street;  thence  making 
a proper  curve  to  a point  on  the  west  side  of  Stewart  avenue,  on  any 
lands  said  company  may  acquire,  and  crossing  Forty-seventh  street 
at  a point  not  more  than  two  hundred  and  fifty  feet  west  of  said  Stew- 
wart  avenue;  thence  north  along  Stewart  avenue  to  the  north  line  of 
said  town,  upon  any  land  the  said  company  may  acquire  by  purchase, 
using  the  street  or  alley  lying  between  Layton  street  and  Forty-fifth 
street,  and  adjoining  said  Stewart  avenue:  Provided,  the  said  company 
shall  dedicate  an  alley  sixteen  feet  in  width  west  of  and  adjoining  such 
right  of  way  as  said  company  may  acquire,  between  said  Layton  street 
and  Forty-fifth  street,  Also  provided,  that  said  railroad  tracks  shall 
be  laid  east  of  the  center  line  of  said  Wallace  or  Market  street,  and 
not  nearer  than  six  feet  to  the  east  line  of  said  street:  And  provided 
further,  that  if  said  railroad  company  shall,  under  the  direction  of  the 
board  of  trustees,  construct  a brick  sewer  on  said  Wallace  or  Market 
street  of  sufficient  capacity  to  drain  said  street,  and  not  less  than  three 
and  one-half  feet  in  diameter,  together  with  all  necessary  catch  basins, 
and  fill  said  street  to  grade  and  cover  the  same  with  gravel  to  the 
depth  of  at  least  one  foot,  then,  and  in  that  case,  the  said  railroad  com- 
pany may  occupy  seven  feet  in  width  of  said  street  west  of  and  adjoin- 
ing the  route  hereinbefore  described,  making  in  all  thirty-four  (34) 
feet  in  width  that  said  railroad  company  may  use  of  said  street  west  of 
and  adjoining  the  east  six  feet  thereof,  and  said  sewer  shall  thereafter 
belong  to  and  be  under  control  of  the  town  of  Lake:  And  provided 

further,  that  when  said  sewer  is  built,  and  street  graded  and  graveled, 
as  hereinbefore  described,  then  and  thereafter  said  railroad  company 
are  not  to  be  liable  for  the  maintenance  or  repairs  of  said  sewer  or 
street:  And  provided  further,  that  said  sewer  need  not  be  built,  nor 
street  filled  to  grade  and  graveled  in  that  portion  of  said  Wallace 
street,  Market  street,  and  Wallace  parkway  lying  south  of  Sixty-third 
(63)  street,  until  ordered  by  the  board  of  trustees,  and  not  sooner  than 
thirty  (30)  months  from  this  date,  and  where  said  Wallace  street  or 
Wallace  parkway  does  not  form  a straight  line  said  company  may  oc- 
cupy such  portion  thereof  as  may  be  necessary  in  order  to  lay  their 
tracks,  but  not  to  exceed  the  width  last  above  designated,  the  right  to 
use  said  streets  and  alleys  being  granted  only  so  far  as  the  same  are 


600  RAILROADS.  [§  310 

dedicated  for  public  purposes,  and  to  the  extent  that  the  board  of 
trustees  of  the  town  of  Lake  has  power  to  grant  the  same. 

IT  4.  Grant  in  perpetuity — crossing  of  streets  and  alleys— 
rights  of  owners  of  property.]  § 3.  The  said  Chicago  and  West- 
ern Indiana  Railroad  Company  may  forever  afterwards  operate  the 
said  tracks  with  steam  power,  subject,  however,  at  all  times  to  the 
general  ordinances  of  the  town  of  Lake  now  in  force,  or  that  may  here- 
after be  adopted  by  the  board  of  trustees.  It  may  cross'any  and  all 
streets,  alleys,  highways  and  railroads  it  may  be  necessary  to  do  to 
pursue  the  route  designated  in  the  second  section  hereof,  but  the  tracks 
hereby  authorized  to  be  laid  shall  be  laid  and  maintained  when  they 
are  laid  in  or  along  a public  street  or  alley,  subject  to  the  direction  of 
the  board  of  trustees  of  the  town,  and  it  is  expressly  understood  that 
the  board  of  trustees  of  the  town  of  Lake-  grant,  by  this  ordinance,  no 
right  to  enter  upon,  or  use  private  property  or  private  streets,  without 
the  consent  of  the  owner  thereof  first  being  obtained  by  said  railroad 
company. 

1 5.  Use  of  streets— maintenance  and  repair — ditches — flag- 
men.] § 4.  The  permission,  authority  and  privileges  hereby 
granted  are  upon  the  express  condition  that  the  said  railroad  com- 
pany, its  grantees,  lessees,  or  assigns,  shall  also  at  all  times  keep  in 
good  repair  and  condition,  in  accordance  with  the  ordinances  of  the 
town  of  Lake  now  in  force,  or  which  may  hereafter  be  passed,  a good 
and  sufficient  road  bed  for  the  accommodation  and  use  of  the  public 
in  and  along  all  such  streets,  or  parts  of  streets  in  which  it  shall  con- 
struct its  tracks,  under  the  provisions  of  this  ordinance,  and  shall  build 
and  maintain  such  road  bed  where  such  tracks  are  laid  in  and  along 
a public  street,  and  such  tracks  shall  be  laid  in  such  manner  as  to  in- 
terfere as  little  as  possible  with  the  use  of  such  streets  for  teams  and 
pedestrians,  and  shall  keep  in  repair  under  the  direction  of  the  board 
of  trustees  of  said  town,  all  culverts,  drains  and  ditches  necessary  for 
the  carrying  off  the  water  on  both  sides  of  said  railroad,  and  to  prevent 
the  accumulation  of  water  by  reason  of  the  construction  of  said  rail- 
road, and  also  shall  construct  and  maintain,  under  the  direction  of 
the  board  of  trustees  of  said  town,  a ditch  or  drain  on  each  side  of 
said  railroad  continuous  through  the  town  of  Lake,  of  sufficient  width 
and  depth  to  afford  free  discharge  of  all  water  that  may  accumulate 
along  the  line  of  said  railroad,  the  outside  line  of  said  ditches  on  said 
Wallace  street,  Market  street,  or  Wallace  parkway  to  be  six  feet  from 
the  east  and  west  sides  respectively,  of  said  street,  and  the  said  railroad 
company  may,  instead  of  such  ditches,  construct  one  or  more  covered 
drains  or  sewers,  if  of  sufficient  capacity;  said  radroad  company  shall 
also  build  and  maintain  all  crossings  a!  streets  and  roads  and  the  ap- 
proaches thereto,  under  the  direction  of  the  board  of  trustees  of  said 
town,  and  shall  keep  a flagman  at  all  such  crossings  as  shall  be  re- 
quired by  said  board  of  trustees;  the  above  obligations  to  repair  and 


310]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


601 


maintain  the  street  and  sewer  in  said  Wallace  street,  Market  street,  or 
Wallace  parkway,  to  be  subject  to  the  limitations  of  the  last  proviso 
of  section  two  (2)  of  this  ordinance. 

If  6.  Indemnity.]  § 5.  The  permission  and  authority  hereby 
granted  are  upon  the  further  expressed  conditions  that  the  said  rail- 
road company  and  its  grantees,  lessees,  and  assigns  shall  and  will  for- 
ever indemnify  and  save  harmless  the  town  of  Lake  against  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  town,  for  or  by  reason  of  the  granting  of  such  privileges 
and  authority,  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company,  its  grantees,  lessees,  or 
assigns,  of  the  privileges  hereby  granted,  or  from  a*ny  act  or  acts  of 
the  said  company,  its  grantees,  lessees,  or  assigns,  under  or  by  virtue 
of  the  provisions  of  this  ordinance. 

IT  7.  Construction,  time  of— stations — five  cent  fare.]  § 6. 
The  permission  and  authority  hereby  granted  are  upon  the  further  ex- 
press conditions  that  the  said  railroad  company  shall  construct  said 
road  so  as  to  have  its  cars  running  thereon  within  one  year  from  this 
date,  and  shall  establish  and  forever  maintain  at  least  two  trains  each 
way  per  day,  to  run  over  the  said  line  from  Chicago  through  said  town 
at  convenient  hours,  and  stopping  at  convenient  places  for  the  accom- 
modation of  passengers,  and  at  such  places  as  the  board  of  trustees  of 
the  town  of  Lake  may  direct;  that  all  passenger  trains  run  over  said 
road,  whether  by  the  said  Chicago  and  Western  Indiana  Railroad 
Company,  its  assigns,  grantees  or  lessees,  shall  stop  for  the  accommo- 
dation of  passengers  at  63rd  street,  in  said  town  of  Lake,  and  com- 
mutation tickets  for  ten  rides,  good  on  all  passenger  trains  which  may 
run  over  said  road,  shall  be  kept  on  sale  at  the  Chicago  office  of  said 
company,  at  a rate  not  exceeding  five  (5)  cents  for  single  fare  between 
said  63rd  street  and  the  terminal  depot  of  said  company  in  Chicago, 
and  not  exceeding  one  cent  per  mile  for  all  distances  south  of  63rd 
street. 

T 8.  Company  and  its  lessees  liable  for  damages.]  § 7. 

The  permission,  authority  and  privileges  hereby  granted  are  upon  the 
express  condition  that  said  Chicago  and  Western  Indiana  Railroad 
Company,  and  any  other  railroad  company  or  companies  that  shall 
construct  or  operate  said  railroad  under  this  ordinance,  or  under  lease 
from,  or  contract  with  the  Chicago  and  Western  Indiana  Railroad 
Company,  shall  be  held  jointly  or  severally,  bound  to, pay  all  legal 
damages  that  may  accrue  to  the  owners  of  property  by  reason  of  the 
operation  of  said  railroad  under  this  ordinance. 

1 9.  Who  bound — acceptance.]  § 8.  The  provisions  of  this 

ordinance  shall  extend  to  and  be  binding  upon  all  the  grantees,  lessees, 
or  purchasers  deriving  title  through  or  under  said  Chicago  and  West- 


602 


RAILROADS. 


ern  Indiana  Railroad  Company,  and  this  ordinance  shall  not  be  in 
force  until  a written  acceptance  thereof,  by  said  Chicago  and  Western 
Indiana  Railroad  Company  is  filed  with  the  town  clerk  of  the  town  of 
Lake. 

Note/ — See  two  following  amendatory  ordinances. 

§ 31 1.  Chicago  & Western  Indiana  Railroad  company. 

If  l.  Amendment. 

^f  2.  Route — ditches  or  sewer. 

If  3.  Additional  tracks — viaduct. 

If  4.  Not  to  modify  or  repeal  former  ordinance,  except. 

If  5.  Ordinance  construed — acceptance. 

An  ordinance  in  relation  to  the  Chicago  & Western  Indiana  Railroad  company. 

(Passed  September  8,  1880.  Accepted  September  8,  1880.) 

If  1.  Amending  paragraph  3 of  former  ordinance.]  Be  it 

ordained  bv  the  board  of  trustees  of  the  town  of  Lake:  § 1.  For  the 

purpose  of  enabling  the  Chicago  and  Western  Indiana  Railroad  Com- 
pany to  extend  to  the  Chicago  and  Strawn  Railroad  Company  addi- 
tional track  privileges,  from  the  point  where  said  last-mentioned  rail- 
way intersects  with  said  first  mentioned  railroad  company’s  tracks, 
section  2 of  the  former  ordinance,  passed  November  7,  1879,  be  and 
the  same  is  hereby  amended  so  as  to  read  as  follows,  to  wit: 

If  2.  Route— ditches  or  sewer.]  § 2.  Permission  is  hereby 

further  granted  to  said  Chicago  and  Western  Indiana  Railroad  Com- 
pany to  lay  down  one  or  more  railroad  tracks,  with  the  necessary  and 
proper  turn-out,  sidings  and  switches,  from  a point  near  Auburn,  the 
terminus  of  the  line,  as  granted  in  said  former  ordinance  by  said  town 
to  said  railroad  company;  thence  northwardly  on  Wallace  street,  Mar- 
ket street,  or  any  street  or  part  of  street  in  line  with  said 
street,  or  in  whole  or  in  part  on  any  ground  which 

the  company  owns  or  hereafter  may  acquire  by  purchase,  donation, 
condemnation  or  otherwise,  to  or  near  Forty-ninth  street,  it 
being  intended  to  grant  said  company  the  use  of  so  much 
of  said  streets  or  part  of  streets,  between  said  Auburn  and  said  Forty- 
ninth,  as  is  necessary  to  lay  one  or  more  tracks  thereon;  thence  mak- 
ing a proper  curve  to  a point  on  the  west  side  of  Stewart  avenue  or 
any  lands  said  company  may  acquire,  and  crossing  Forty-seventh 
street  at  a point  at  which  the  center  of  the  right  of  way  hereby  granted 
shall  be  not  more  than  two  hundred  and  sixty  (260)  feet  nor  less  than 
two  hundred  and  fifty  (250)  feet  west  of  the  west  line  of  said  Stewart 
avenue;  thence  north  along  said  Stewart  avenue  to  the  north  line  of 
said  town,  upon  any  land  the  said  company  may  acquire  by  purchase, 
condemnation  or  otherwise;  hereby  also  granting  to  said  railroad 
company  the  right  to  use  the  alleys  and  turn-outs  between  Forty-third 
and  Forty-sixth  streets,  lengthwise  or  otherwise,  for  the  purpose  of 
laying  down  their  tracks  thereon  when  the  company  owns  the  lots  on 
both  sides  of  the  same,  or  on  one  side  when  there  is  a street  on  the 


§ 31 1]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  603 

other:  Provided,  that  said  company  shall  lay  out  and  dedicate  to  pub- 
lic use  an  alley  sixteen  (16)  feet  in  width  on  the  west  side  of  its  yards, 
and  right  of  way  between  Layton  street  and  Forty-fifth  street:  And 
provided,  further,  that  said  railroad  tracks  shall  be  laid  east  of  a line 
twelve  (12)  feet  west  of  the  center  line  of  said  Wallace  street,  Market 
street,  or  any  street  or  part  of  street  in  line  with  said  streets,  and  not 
nearer  than  six  (6)  feet  to  the  east  line  of  said  street:  Provided,  further, 
that  said  railroad  company  shall  not  use  any  portion  of  said  Wallace 
street,  Market,  or  any  street  or  part  of  street  in  line  with  said  street 
west  of  the  center  line  thereof,  until  it  shall  have  removed  the  water 
pipe  in  said  street,  and  relaid  the  same  with  connections  on  a line 
twelve  (12)  feet  east  of  the  west  line  of  said  street,  and  shall  have  filled 
to  grade  the  west  twenty-one  (21)  feet  of  said  streets,  so  as  to  make 
a good  dry  road  for  teams  to  travel  thereon,  which  grade  shall  be  main- 
tained and  road  kept  in  repair  by  said  railroad  company  for  one  year, 
after  which  time  said  railroad  company  shall  be  relieved  from  repairing 
said  street  as  required  in  section  4 of  said  former  ordinance:  And 

provided,  further,  that  said  railroad  company  shall  construct  and  for- 
ever maintain  an  open  ditch  or  brick  sewer  of  sufficient  capacity  to 
drain  said  street,  and  if  a brick  sewer  the  same  shall  be  of  not  less  than 
three  and  one-half  feet  internal  diameter,  and  shall  be  constructed  ac- 
cording to  specifications  to  be  furnished  by  the  engineer  of  the  town 
of  Lake.  In  case  an  open  ditch  is  used  by  said  railroad  company  the 
same  shall  be  constructed  on  the  east  side  of  the  railroad  tracks  of  at 
least  six  (6)  feet  in  width  across  the  top,  and  the  east  line  thereof  shall 
be  at  least  six  (6)  feet  west  of  the  east  line  of  said  Wallace  street:  Pro- 
vided, also,  the  said  railroad  company  shall  build  and  forever  main- 
tain covered  culverts  or  drains  across  said  Wallace  street,  so  as  to  con- 
nect the  ditches  on  both  sides  of  all  streets  intersecting  said  Wallace 
street  on  the  line  of  said  tracks,  of  sufficient  capacity  to  afford  free 
access  into  said  Wallace  street  ditch  or  sewer  of  all  water  that  may 
accumulate  on  said  intersecting  streets:  And  provided,  further,  that 

no  tracks  shall  be  laid  on  the  six  feet  strip  of  any  of  said  streets  which 
lies  adjoining  and  west  of  the  six  (6)  feet  on  the  east  side  of  said  streets 
until  said  railroad  company  shall  first  have  constructed  a brick  sewer 
on  said  streets  as  aforesaid,  and  where  said  Wallace  street,  Market 
street,  or  any  street  or  part  of  street  in  line  with  said  street  does  not 
form  a straight  line.  Said  company  may  occupy  such  portion  thereof 
as  may  be  necessary  in  order  to  lay  their  tracks,  but  not  to  exceed  the 
width  above  designated.  All  of  the  work  in  this  section  provided  for 
shall  be  done  under  the  direction  and  supervision  of  the  superintendent 
of  public  works  of  the  town  of  Lake.  The  right  to  use  said  streets  and 
alleys  being  granted  only  so  far  as  the  same  are  dedicated  for  public 
purposes  and  to  the  extent  that  the  board  of  trustees  of  the  town  of 
Lake  has  power  to  grant  the  same. 

1 3.  Additional  tracks— viaduct.]  § 2.  Permission  is  here- 


604 


RAILROADS. 


[§  3” 


by  further  granted  to  the  said  Chicago  and  Western  Indiana  Railroad 
Company  to  lay  such  additional  tracks  for  yard  purposes  between 
Forty-first  and  Forty-seventh  street  as  are  shown  by  plat  this  day  filed 
with  the  clerk  of  this  board;  this  grant  being  upon  the  express  condi- 
tion that  said  Chicago  and  Western  Indiana  Railroad  Company  shall 
unite  with  the  Pittsburg,  Ft.  Wayne  and  Chicago  Railway  Company 
in  the  erection  on  Forty-third  street  of  a substantial  viaduct  and  suit- 
able approaches  thereto,  across  said  yard  tracks  and  the  main  and 
switch  tracks  of  said  railroad  companies,  within  six  months  from  this 
date,  according  to  plans  and  specifications  this  day  filed  with  the  clerk 
of  this  board,  and  that  said  Chicago  and  Western  Indiana  Railroad 
Company  shall  forever  maintain  its  part  of  said  viaduct  and  the  ap- 
proach thereto,  and  keep  the  same  in  repair,  and  shall  save  and  keep 
the  Town  of  Lake  harmless  from  all  legal  damages  by  reason  of  the 
construction  of  its  part  of  said  viaduct  and  approach  thereto,  and  from 
all  judgments  and  costs  that  may  be  obtained  against  it  because  of 
any  legal  damage  to  property  by  reason  of  its  construction,  but  such 
liability  to  be  the  same  as  if  such  viaduct  and  approach  were  con- 
structed by  said  town,  and  until  said  viaduct  and  the  approaches  there- 
to shall  be  completed  and  accepted  by  the  board  of  trustees  of  the 
town  of  Lake,  the  said  railroad  company  shall  lay  down  no  more 
tracks  across  any  street  than  are  at  present  laid,  and  in  case  of  a fail- 
ure on  the  part  of  said  railroad  companies  to  erect  and  complete  said 
viaduct  and  the  approaches  thereto  within  said  time  the  town  of  Lake 
shall  have  the  right  to  repeal  this  ordinance,  provided  when  repealed 
said  section  two  (2)  shall  be  at  the  same  time  re-enacted  so  as  to  stand 
as  it  was  before  it  was  amended  herein. 

If  4.  Not  to  modify  or  repeal  former  ordinance,  except.] 
§ 3.  This  ordinance  shall  not  be  construed  as  changing,  modifying, 
repealing,  or  in  any  way  affecting  any  portion  of  the  ordinance  afore- 
said passed  by  the  board  of  trustees  of  the  town  of  Lake,  on  the  sev- 
enth day  of  November,  A.  D.  1879,  and  to  which  this  is  an  amendment, 
except  as  to  section  two  (2)  of  said  ordinance,  but  the  same  shall  be  in 
all  respects  be  and  continue  in  force,  except  as  to  said  section  two  (2) 
hereby  amended,  and  also  wherein  said  former  ordinance  it  is  provided 
for  ditches  on  each  side  of  said  company’s  railroad  such  provision  shall 
be  so  far  modified  and  construed  as  not  to  apply  to  that  portion  of 
Wallace  street,  between  Auburn  and  Forty-ninth  street,  and  as  to  such 
street  the  ditching  shall  be  done  as  herein  provided. 

If  5.  Ordinance  construed  — acceptance.]  § 4.  This  ordi- 
nance shall  be  construed  as  a contract  between  the  town  of  Lake  and 
the  Chicago  and  Western  Indiana  Railroad  Company,  its  lessees  and 
assigns,  and  shall  not  take  effect  until  the  railway  company  shall  have 
filed  with  the  town  of  Lake  its  acceptance  thereof  subject  to  all  its 
terms  and  conditions. 

Note— See  the  following  ordinance  repealing  the  foregoing. 


§ 312]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


605 


§ 312.  Chicago  & Western  Indiana  Railroad  company. 

1.  Preamble. 

2.  Repeal  and  amendatory. 

3.  Route — use  of  streets— sewers,  culverts  and  drains. 

4.  When  in  force — ordinance  construed — acceptance. 

An  ordinance  adjusting  differences  between  the  town  of  Lake  and  the  Chicago 
& Western  Indiana  Railroad  company,  repealing  an  ordinance  of  September 
8,  1880,  and  amending  and  re-enactmg  section  2 of  an  ordinance  passed 
November  7,  1879.  (Passed  April  4,  1884.  Accepted  August  27,  1884.) 

If  1.  Preamble.]  Whereas,  on  the  8th  day  of  September,  A.  D. 
1880,  an  ordinance  was  passed  by  the  board  of  trustees  of  the  town  of 
Lake  amending  an  ordinance  passed  by  the  said  board  of  trustees  of 
the  Town  of  Lake  on  the, 7th  day  of  November,  A.  D.  1879,  by  which 
the  Chicago  and  Western  Indiana  Railroad  Company  was  granted  cer- 
tain rights  in  the  said  town  of  Lake, 

And  whereas,  by  the  said  amendatory  ordinance  passed  on  the 
8th  day  of  September,  A.  D.  1880,  it  was  provided  that  the  said  Chi- 
cago and  Western  Indiana  Railroad  Company  should,  within  six 
months  from  the  date  thereof,  unite  with  the  Pittsburg,  Fort  Wayne 
and  Chicago  Railway  Company  in  the  erection  of  a viaduct  upon  43rd 
street,  where  certain  of  the  tracks  of  the  said  companies  cross  said  43rd 
street,  in  said  Town  of  Lake. 

And  whereas,  the  said  Chicago  and  Western  Indiana  Railroad 
Company  had  the  necessary  plans  prepared  in  accordance  with  said 
ordinance,  for  the  erection  of  such  viaduct  and  the  approaches  thereto, 
and  submitted  the  same  to  the  said  board  of  trustees,  and  the  same  were 
by  them  approved,  and  said  railroad  company  immediately  contracted 
for  the  erection  of  the  same,  and  had  part  of  the  material  upon  their 
ground,  when  it  was  notified  by  the  said  board  of  trustees  to  proceed 
no  further  in  its  construction  until  further  notified  by  said  board  of 
trustees,  and  said  railroad  company  thereafter  made  repeated  applica- 
tions to  said  board  of  trustees  to  come  to  some  understanding  so  that 
said  viaduct  might  be  completed  according  to  the  said  ordinance,  but 
was  not  able  to  obtain  the  permission  of  said  board  to  proceed  in  its 
construction,  and  was  therefore  compelled  to  pay  a large  amount  as 
damages  to  the  contractor  to  cancel  said  contracts; 

And  whereas,  the  said  board  of  trustees  and  the  said  railroad  com- 
pany have  come  together  for  the  purpose  of  adjusting  the  matters  of 
difference  connected  with  the  building  of  said  viaduct  and  the  rights 
of  said  railroad  company  under  the  ordinance  heretofore  granted  by 
said  town  of  Lake,  as  well  as  all  matters  of  difference  existing  between 
them,  and  have  agreed  upon  a basis  of  compromise, 

Now,  Therefore,  for  the  purpose  of  putting  the  terms  of  said  com- 
promise in  proper  shape, 

IT  2.  Repeal  and  amendatory.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake : § 1.  That  the  said  ordinance  passed 
by  the  said  board  of  trustees  of  the  town  of  Lake  on  the  8th  day  of 


606 


RAILROADS. 


[§  312 


September,  A.  D.  1880,  be,  and  the  same  is  hereby  repealed,  and  the 
said  railroad  company  is  released  from  all  liability  and  obligation  which 
it  assumed  under  said  ordinances,  or  otherwise,  to  construct  the  via- 
duct at  43rd  street,  and  to  improve  said  Wallace  street,  and  section 
2 of  the  said  ordinance  passed  by  said  board  of  trustees  on  the  7th  day 
of  November,  1879,  be,  and  is  hereby  re-enacted,  and  is  hereby 
amended  so  as  to  read  as  follows: 

1 3.  Route — use  of  streets — sewers,  culverts  and  drains.] 
§ 2.  Permission  and  authority  is  hereby  further  granted  to  said  Chi- 
cago and  Western  Indiana  Railroad  Company  to  laydown  and  maintain 
one  or  more  railroad  tracks,  with  the  necessary  and  proper  turn-outs, 
sidings,  yard  tracks  and  switches,  from  the  point  near  Auburn,  which 
is  the  terminus  of  the  line  as  granted  in  former  ordinances  by  said 
town  to  said  railroad  company,  thence  northwardly  on  Wallace  street, 
Market  street,  or  any  street  or  parts  of  streets,  in  line  with  Wallace 
street,  and  on  any  ground  which  said  railroad  company  now  owns  or 
hereafter  may  acquire  by  purchase,  donation,  condemnation  or  other- 
wise, and  across  intervening  streets  and  alleys  to  a point  near  49th 
street,  it  being  intended  to  grant  to  said  company  the  use  of  so  much 
of  said  streets  or  parts  of  streets  lengthwise  between  said  Auburn  and 
said  49th  street  as  is  necessary  to  lay  and  maintain  one  or  more  tracks 
thereon,  and  continuing  from  said  point  near  49th  street  by  a proper 
curve  to  a point  on  the  west  side  of  Stewart  avenue  on  any  lands  said 
company  may  acquire,  and  crossing  47th  street  within  a distance  of 
two  hundred  and  sixty-seven  feet  of  the  west  line  of  said  Stewart  ave- 
nue, thence  north  within  the  territory  lying  between  said  Stewart  ave- 
nue and  a line  267  feet  west  thereof  to  the  north  line  of  said  town  upon 
any  land  the  said  company  may  acquire  by  purchase,  condemnation 
or  otherwise,  with  the  right  and  permission  within  the  limits  by  this 
ordinance  defined,  to  cross  all  intervening  streets  and  alleys  with  its 
yard  and  main  tracks;  hereby  also  granting  to  said  railroad  company 
the  right  to  use  the  alleys  between  43rd  and  46th  streets  lengthwise 
for  railroad  purposes,  when  the  railroad  company  owns  the  lots  on 
both  sides  of  the  same,  or  oh  one  side  when  there  is  a street  on  the 
other. 

Provided,  that  said  main  railroad  tracks  shall  not  be  laid  in  Wal- 
lace street  and  the  streets  running  north  and  south,  connecting  north 
and  south  therewith,  west  of  where  the  present  west  track  now  lies  in 
said  streets  at  any  point  where  the  said  railroad  company  does  not 
own  the  west  frontage  of  that  portion  of  said  streets  or  has  not  the 
consent  of  the  owner  or  owners  thereof,  and  where,  on  any  part  of 
said  streets  used  lengthwise  said  railroad  company  does  not  own  the 
land  fronting  said  streets  on  the  east,  or  has  not  settled  with  the  owner 
of  the  land  fronting  on  the  east  for  the  damages  occasioned  by  reason 
of  the  occupation  of  said  street  with  its  said  tracks,  the  east  rail  of  the 
east  track  shall  not  be  laid  nearer  than  six  feet  from  the  east  line  of 
said  streets. 


§ 313]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


607 


And  provided,  further,  that  within  six  months  after  the  said  board 
of  trustees  shall  have  extended  a sewer  on  said  Wallace  street  from 
the  north  to  the  south  line  of  49th  street,  so  as  to  give  an  outlet  to  the 
sewer  as  hereafter  provided  by  said  railroad  company  to  be  con- 
structed, the  said  railroad  company  shall  construct  a brick  sewer  com- 
mencing at  and  connecting  with  the  sewer  in  Wallace  street,  at  the 
south  line  of  49th  street,  thence  along  a line  on  the  west  side  of  the 
middle  of  Wallace  street  and  as  near  the  water  pipe  in  said  street  as 
the  nature  of  the  work  will  admit,  said  sewer  commencing  with  an  in- 
ternal diameter  of  three  and  one-half  feet,  and  continuing  with  the 
same  internal  diameter  to  the  south  line  of  Fifty-first  (51st)  street, 
thence  to  the  south  line  of  Fifty-fifth  (55th)  street,  with  an  internal  di- 
ameter of  three  feet,  thence  to  the  south  line  of  Fifty-ninth  (59th) 
street,  with  an  internal  diameter  of  two  and  one-half  feet,  thence  to 
the  south  line  of  Sixty-fifth  (65th)  street  with  an  internal  diameter  of 
two  feet;  said  sewer  to  be  constructed  according  to  specifications  to 
be  furnished  by  the  engineer  of  the  town  of  Lake,  and  be  under  his 
supervision,  said  sewer  when  completed  to  belong  to,  be  under  the 
control  of,  said  town  of  Lake. 

Provided,  also,  that  the  said  railroad  company  shall  build  and 
forever  maintain  covered  culverts  or  drains  across  said  Wallace  street 
so  as  to  connect  the  ditches  on  both  sides  of  all  streets  intersecting 
said  Wallace  street  on  the  line  of  said  tracks  of  sufficient  capacity  to 
afford  free  access  into  said  Wallace  street  sewer  of  all  water  that  may 
accumulate  on  said  intersecting  streets. 

T 4.  When  in  force — ordinance  construed — acceptance.]  § 3. 

This  ordinance  shall  not  be  construed  to  affect,  vary  or  modify  any 
of  the  provisions  of  said  ordinance  of  November  7th,  1879,  except  as 
found  in  said  section  two  (2),  and  shall  be  in  force  from  and  after  its 
passage  and  acceptance  by  said  Chicago  and  Western  Indiana  Rail- 
road Company. 

§ 313.  Chicago  & Western  Indiana  Railroad  company. 

IT  1.  Route — company  liable  for  damages. 

IT  2.  Bond. 

3.  Conditions — mileage. 

An  ordinance  granting  permission  to  the  South  Chicago  & Western  Indiana 
Railroad  company  to  lay  down  and  maintain  a railroad  line  or  lines  in  the 
village  of  Hyde  Park.  (Passed  and  approved  May  5,  1880.  Bond  approved 
July  16,  1880.) 

T 1.  Route — company  liable  for  damages.]  Be  it  ordained 
by  the  president  and  board  of  trustees  of  the  village  of  Hyde  Park: 
§ 1.  That  permission  be  and  is  hereby  granted  to  the  South  Chicago 
and  Western  Indiana  Railroad  Company  to  locate,  construct,  lay 
down  and  forever  hereafter  operate  with  steam  power  a line  of  rail- 
road, with  one  or  more  tracks,  upon  the  following  route,  viz.:  Com- 

mencing on  the  west  boundary  line  of  said  village  of  Hyde  Park  in  the 


608 


RAILROADS. 


northwest  quarter  of  section  three,  thence  southeasterly  and  across  sec- 
tions two,  one  and  part  of  six  to  the  right  of  way  of  the  Lake  Shore 
& Michigan  Southern  and  Pittsburg,  Fort  Wayne  & Chicago  Rail- 
road Companies,  thence  northeasterly  to  and  in  section  five  to  the 
lands  of  the  North  Chicago  Steel  Company,  near  the  government  light- 
house; such  railroad  to  be  built  north  of  and  along  the  right  of  way  of 
the  Chicago,  Rock  Island  & Pacific  Railroad  Company,  across  said 
sections  three,  two,  one  and  part  of  six,  thence  crossing  to  the  south- 
easterly side  of  the  right  of  way  of  said  Chicago,  Rock  Island  & Paci- 
fic Railroad  Company,  and  thence  along  the  southeasterly  line  of  Har- 
bor avenue  to  said  lands  of  the  North  Chicago  Steel  Company  in  said 
section  five;  also  commencing  near  the  southeast  corner  of  said  section 
one,  thence  southeasterly,  crossing  the  right  of  way  of  the  Chicago, 
Rock  Island  & Pacific  Railroad  Company,  thence  southerly,  along  the 
east  side  of  the  right  of  way  of  said  Chicago,  Rock  Island  & Pacific 
Railroad  Company,  to  and  across  section  seven  and  part  of  section 
eighteen  to  the  south  line  of  106th  street;  also  commencing  at  the  south 
line  of  106th  street,  about  800  feet  east  of  Torrence  avenue,  thence 
northeasterly,  along  the  east  side  of  the  right  of  way  of  the  Pittsburg, 
Fort  Wayne  & Chicago  Railroad  Company  to  and  across  sections 
seven  and  six,  to  an  intersection  with  the  right  of  way  hereinbefore 
permitted  in  said  section  [s]  five  and  six,  with  the  right  on  part  of  said 
railroad  company  to  occupy  and  cross  all  streets  and  alleys  which  are 
necessary  to  be  occupied  or  crossed  in  pursuing  either  of  the  routes 
aforesaid:  Provided,  said  company  shall  pay  any  and  all  damages 

arising  from,  or  in  any  way  growing  out  of  such  taking  or  using  such 
portion  of  said  streets  or  alleys,  or  any  of  them,  to  any  and  all  persons 
injured  or  damaged  by  the  same,  and  provided,  said  railroad  company 
shall  construct  and  maintain  good  and  convenient  crossings  and  side- 
walks, and  upon  such  grade  or  grades  as  may  be  required  by  the  board 
of  trustees,  as  well  as  cattle  guards,  culverts  and  warning  tables  across 
their  tracks  and  grounds,  at  the  intersection  of  all  streets  and  alleys 
now  existing,  or  which  may  hereafter  be  authorized  or  opened  by  said 
board,  and  comply  with  and  be  subject  to  all  laws  and  ordinances  of 
said  village  now  in  force  or  which  may  hereafter  be  adopted. 

2.  Bond.]  § 2.  This  ordinance  shall  not  take  effect  until 
after  said  company  shall  have  entered  into  a bond  with  said  village  of 
Hyde  Park,  in  the  penal  sum  of  twenty-five  thousand  dollars,  condi- 
tioned for  the  payment  of  all  damages  for  which  said  village  may  be- 
come liable  to  any  person  or  persons,  by  reason  of  the  said  entering 
or  running  through  a portion  of  said  village,  or  by  reason  of  said  com- 
pany constructing,  laying  down,  using  or  occupying  said  railroad  track 
or  tracks  within  said  village,  and  conditioned  also  for  the  payment  of 
all  damages  which  may  arise  to  the  said  village  of  Hyde  Park,  and  to 
any  person  or  persons  whomsoever,  by  reason  of  said  company  con- 
structing, laying  down,  maintaining,  using  and  occupying  said  rail- 


314]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


609 


road  track  or  tracks,  or  crossing  said  streets  or  alleys  within  the  said 
village  of  Hyde  Park. 

IT  3.  Conditions— mileage.]  § 3.  That  the  rights  and  privi- 

leges granted  to  the  said  railroad  company  by  the  first  section  of  this 
ordinance,  are  granted,  upon  the  further  conditions  contained  in  this 
section,  to  wit:  That  neither  the  said  railroad  company,  nor  the  lessee 
or  assignee  thereof,  shall  exact,  receive  from  or  charge  local  passengers 
who  shall  purchase  and  pay  for  any  commutation  ticket  or  tickets,  of 
not  less  than  one  hundred  miles  at  a time,  more  than  one  and  one-half 
cents  per  mile  for  a single  passenger  fare,  for  riding  upon  the  said  rail- 
road anywhere  within  the  said  village  of  Hyde  Park. 

§ 314.  Chicago  & Western  Indiana  Railroad  company. 

i.  Route — conditions, 
it  2.  Bond — adjustment  of  damages. 

An  ordinance  granting  permission  to  the  South  Chicago  & Western  Indiana 

Railroad  company  to  construct  and  maintain  a branch  railway  in  the  village 

of  Hyde  Park.  (Passed  and  approved  November  26,  1880.) 

If  1.  Route— conditions.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission 

be  and  is  hereby  granted  to  the  South  Chicago  and  Western  Indiana 
Railroad  Company  to  locate,  construct,  lay  down,  and  forever  here- 
after operate  by  steam  power,  a branch  railroad  of  one  or  more  tracks, 
from  a point  on  the  branch  to  Brown’s  Mill,  as  located  by  said  South 
Chicago  and  Western  Indiana  Railroad  Company,  not  more  than  one 
hundred  and  fifty  (150)  feet  south  of  Ninety-sixth  street,  thence  mak- 
ing a proper  curve  in  a northwesterly  direction  so  as  to  connect  with 
a line  running  southwesterly,  parallel  to  the  Pittsburg,  Fort  Wayne 
and  Chicago  Railroad  Company’s  right  of  way,  and  between  said  right 
of  way  and  the  car  axle  factory,  and  extending  to  the  Calumet  river,  with 
the  right  on  the  part  of  said  railroad  company  to  occupy  and  cross  all 
streets  and  alleys,  which  are  necessary  to  be  occupied  or  crossed  in 
pursuing  the  route  aforesaid:  Provided,  said  railroad  company  shall 
pay  any  and  all  damages  arising  from,  or  in  any  way  growing  out  of, 
such  taking  or  using  such  portion  of  said  streets  or  alleys,  or  any  of 
them,  to  any  and  all  persons  injured  or  damaged  by  the  same;  and 
provided  said  railroad  company  shall  construct  and  maintain  good  and 
convenient  crossings  and  sidewalks,  upon  such  grade  or  grades  as  may 
be  from  time  to  time  required  by  the  board  of  trustees,  as  well  as  cattle 
guards,  culverts  and  warning  tables,  across  their  tracks  and  grounds,  at 
the  intersection  of  all  streets  and  alleys  now  existing,  or  which  may 
hereafter  be  authorized  or  opened  by  said  board,  and  comply  with,  and 
be  subject  to,  all  laws  and  ordinances  of  said  village  now  in  force  or 
which  may  hereafter  be  adopted. 

1 2.  Bond — adjustment  of  damages.]  § 2.  This  ordinance 
shall  not  take  effect  until  after  said  railroad  company  shall  have  en- 


39 


610 


RAILROADS. 


B 3IS 

tered  into  a bond  with  or  to  said  village  of  Hyde  Park,  in  the  penal 
sum  of  twenty-five  thousand  dollars,  conditioned  for  its  payment  of  all 
damages  for  which  said  village  may  become  liable  to  any  person  or 
persons,  by  reason  of  said  road  entering  or  running  through  a portion 
of  said  village,  or  by  reason  of  said  company  constructing,  laying 
down,  using  or  occupying  said  railroad  track  or  tracks  within  said  vil- 
lage; and  conditioned  also  for  the  payment  of  all  damages  which  may 
arise  to  the  said  village  of  Hyde  Park,  and  to  any  person  or  persons 
whomsoever,  by  reason  of  said  company  constructing,  laying  down, 
maintaining,  using  and  occupying  said  streets  or  alleys  within  the  said 
village  of  Hyde  Park. 

§ 315.  Chicago  & Western  Indiana  Railroad  company. 

TT  1.  Route — use,  maintenance  and  repair  of  streets — fences. 

Tf  2.  Telegraph  line  authorized. 

3.  Conditions. 

4.  Bridge  over  Calumet  river — maintenance, 
i 5-  Tracks  in  streets — rights  of  private  owners, 
it  6.  Indemnity. 

If  7.  Bond. 

An  ordinance  granting  permission  to  the  South  Chicago  & Western  Indiana 
Railroad  company  to  lay  down  and  operate  a railroad  and  telegraph  line  in 
and  through  the  village  of  Hyde  Park.  (Passed  and  approved  July  18,  1881. 
Bond  approved  July  29,  1881.) 

1 1.  Route — use,  maintenance  and  repair  of  streets — fences.] 

Be  it  ordained  by  the  president  and  board  of  trustees  of  the  village  of 
Hyde  Park:  § 1.  That  permission  be  and  the  same  is  hereby 

granted  to  the  South  Chicago  and  Western  Indiana  Railroad  Com- 
pany to  locate,  construct,  lay  down,  and  forever  hereafter  operate  with 
steam  power  lines  of  railroad,  with  one  or  more  tracks  upon  the  follow- 
ing routes,  namely:  Commencing  at  a point  on  the  south  line  of  said 
town  between  the  center  of  sections  31  and  32,  near  the  state  line; 
thence  northwesterly  between  a limit  not  exceeding  one  mile  in  width, 
crossing  the  Calumet  river  between  Chittenden  bridge  and  on  the  point 
where  Torrence  avenue  would  intersect  said  river,  and  running  in  the 
same  direction  until  an  intersection  is  made  with  said  Torrence  avenue; 
thence  north  upon  Torrence  avenue  to  the  south  line  of  One  Hundred 
and  Tenth  street;  thence,  bearing  to  the  east,  upon  such  ground  as 
said  railroad  company  may  acquire,  until  it  intersects  with  the  line  of 
said  railroad  company  at  a point,  authorized  by  a former  ordinance 
granted  by  said  town  to  said  company  on  May  5,  1880,  and  making  a 
connection  from  said  line  on  the  south  side  of  One  Hundred  and  Sixth 
street,  so  as  to  connect  with  a branch,  authorized  by  said  last  named 
ordinance,  extending  alongside  of  the  right  of  way  of  the  Pittsburg, 
Fort  Wayne  and  Chicago  Railway  Company.  Also  a line  upon  the 
following  route:  Commencing  on  the  last  named  line  at  Torrence 

avenue,  near  One  Hundred  and  Twelfth  street,  and  thence  running  in 
a northwesterly  direction,  within  a limit  of  one  mile  wide,  to  a point 


§315]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  611 

near  the  northwest  corner  of  section  n,  and  connecting  with  the  main 
line  of  said  railway  company,  near  where  it  crosses  the  Illinois  Central 
Railroad;  thence  following  in  about  the  same  direction,  until  it  reaches 
at  or  near  the  northwest  corner  of  said  town.  Also  another  line  com- 
mencing at  a point  on  said  first  named  line  in  the  southwest  quarter  of 
section  30,  town  37,  range  15,  thence  in  a northeasterly  direction  be- 
tween the  Calumet  river  and  what  is  known  as  Hyde  Park,  till  it  in- 
tersects Phillips  avenue,  at  the  center  of  section  19,  thence  following 
on  the  line  of  Phillips  avenue  on  such  streets  as  may  be  on  a line  there- 
with, to  a point  near  One  Hundred  and  Seventh  street,  thence  in  a 
northeasterly  direction  to  the  north  side  of  One  Hundred  and  Sixth 
street,  about  sixty  rods  east  of  said  Phillips  avenue,  thence  north  on 
“M”  avenue  to  the  north  side  of  Ninety-fifth  street,  thence  bearing  in 
a northeasterly  direction  till  it  strikes  Douglas  slip,  thence  southeast- 
erly alongside  said  slip  to  said  Ninety-fifth  street,  thence  along  said 
last  named  street  to  Lake  Michigan.  Also  another  line  along  the  fol- 
lowing route,  viz.:  Commencing  at  a point  on  said  last  described 

line,  south  of  where  it  crosses  the  right  of  way  of  the  Pittsburg,  Fort 
Wayne  and  Chicago  Railroad  Company,  thence  northwesterly  along 
the  said  last  named  right  of  way,  till  it  intersects  the  tracks  already 
laid  by  the  South  Chicago  and  Western  Indiana  Railroad  Company, 
near  Ninety-fifth  street;  and  in  connection  therewith  the  further  au- 
thority and  permission  at  any  and  all  times  hereafter  to  lay  down  such 
turn-outs,  “Y’s”  and  sidings  on  the  different  lines  above  set  forth  as 
such  railroad  company  may  deem  necessary,  in  order  to  enable  it  to 
reach  any  station,  depot  grounds,  manufacturing  establishments,  ele- 
vators, coal  and  lumber  yards,  and  also  maintain  proper  switching 
grounds  in  connection  with  its  lines  of  railroad,  and  at  any  railroad 
crossing  at  present  or  hereafter  constructed  in  the  town  of  Hyde  Park, 
and  which  may  be  crossed  or  intersected  by  said  railroad  company. 
It  being  understood  that  said  railroad  company  hereby  has  consent  to 
cross  any  and  all  streets,  alleys  and  highways  on  the  different  lines 
aforesaid,  as  well  as  in  the  direction  of  the  different  railroad  connec- 
tions referred  to  in  the  last  paragraph,  and  with  the  further  permission 
and  grant  to  said  railroad  company,  the  use  of  the  east  thirty-six  feet 
of  the  following  streets  and  avenues  lengthwise,  for  the  purpose  of  lay- 
ing the  said  tracks,  viz.:  Torrence  avenue,  Phillips  avenue  and  “M” 

avenue,  and  the  north  thirty-six  (36)  feet  of  95th  street:  Provided, 

the  use  of  said  streets  and  avenues  lengthwise  are  upon  the  condition 
that  said  railroad  company  shall,  whenever  so  directed  by  the  said 
board  of  trustees,  grade  the  remaining  part  of  said  streets  and  avenues, 
in  such  manner  as  to  render  that  portion  of  the  same  passable  for 
teams,  and  further,  that  upon  Torrence  avenue,  whenever  the  travel 
shall  increase  so  that  said  board  shall  consider  it  necessary  for  the 
best  interest  of  the  public  to  have  a board  fence  erected  on  the  west 
side  of  said  portion  of  Torrence  avenue,  on  which  said  railroad  com- 
pany is  authorized  hereby  to  lay  its  tracks;  then  said  company  shall, 


612 


RAILROADS. 


[§  315 


within  sixty  (60)  days  after  notice,  from  said  board,  erect  such  a fence 
on  such  line,  as  may  be  indicated  by  said  board,  that  will  permit  said 
railroad  company  to  use  the  strip  hereby  granted  to  said  company  for 
the  purposes  herein  stated. 

1 2.  Telegraph  line^authorized.]  § 2.  Permission  is  also 
hereby  granted  to  the  said  South  Chicago  and  Western  Indiana  Rail- 
road Company  to  erect,  and  forever  thereafter  maintain,  a telegraph 
line  consisting  of  one  or  more  lines  of  wires,  with  necessary  poles, 
along  said  line  of  said  railroad  company,  on  the  different  routes  before 
designated,  but  upon  the  condition  that  the  poles  hereby  authorized  to 
be  erected  shall  be  placed  in  such  position  where  they  are  upon  any 
street,  highway  or  alley,  as  shall  be  directed  by  the  board  of  trustees 
or  officers  of  said  town. 

T 3.  Conditions.]  § 3.  The  privileges  and  authority  hereby 
granted  to  said  company  are  granted  upon  the  express  conditions  that 
said  company,  its  successors  and  assigns,  will  promptly  fulfill  all  ob- 
ligations or  duties  that  are  now,  or  may  hereafter  be,  imposed  by  or- 
dinance by  its  board  upon  railroad  companies  generally  in  the  town  of 
Hyde  Park,  and  in  respect  to  ditches,  drains,  culverts,  and  the  suitable 
and  proper  maintenance  of  the  street  and  railway  crossings  of  the 
tracks  of  said  company,  and  in  respect  to  police  and  sanitary  regula- 
tions. 

1[  4.  Bridge  over  Calumet  river— maintenance.]  § 4-  The 

rights  and  privileges  hereby  granted  are  so  granted  upon  the  express 
understanding  and  condition,  that  said  railroad  company  shali  erect 
over  the  Calumet  river  at  the  two  points  where  it  crosses  the  same,  a 
good  and  substantial  drawbridge,  with  a draw  not  less  than  thirty  (30) 
feet  in  the  clear,  and  shall  forever  thereafter  maintain  the  same,  and 
upon  the  further  condition  that  said  company  shall  provide  for  a keep- 
er of  said  bridge,  so  that  at  all  seasonable  hours  the  same  shall  be  open, 
for  the  passage  of  such  vessels  and  steamers  as  may  desire  to  pass 
through  the  same.  , 

T 5.  Tracks  in  streets — rights  of  private  owners.]  § 5. 

Where  said  railroad  company  shall  construct  its  tracks  lengthwise 
upon  any  public  street  or  highway,  such  tracks  shall  be  by  said  com- 
pany laid  in  such  manner  as  to  interfere  as  little  as  practicable  with  the 
use  of  such  streets  by  teams  and  pedestrians;  said  railroad  company 
shall  at  all  times  keep  such  tracks  in  such  condition  as  to  allow  the 
free  and  easy  passage  of  vehicles  over  them.  It  being  understood,  in 
granting  the  privilege  heretofore  set  forth,  that  said  railroad  company 
shall  have  the  right  to  acquire  from  private  owners  by  purchase, 
donation,  condemnation,  or  otherwise,  such  a width  of  right  of  way 
on  the  different  routes  aforesaid  as  is  authorized  by  law,  and  may  oc- 
cupy any  street,  highway  or  alley,  or  part  of  street,  highway  or  alley, 
on  the  different  lines  upon  the  routes  as  indicated  aforesaid,  length- 


§ 3 1 6]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  613 

wise  by  their  said  tracks,  where  it  can  be  done  so  as  to  comply  with  the 
conditions  aforesaid. 

1 6.  Indemnity.]  § 6.  The  privileges  and  authority  hereby 
granted  to  said  railroad  company  are  granted  upon  the  express  condi- 
tion, that  said  company,  its  successors,  grantees,  lessees  and  assigns 
shall  forever  indemnify  and  save  harmless  the  town  of  Hyde  Park 
against  and  from  any  and  all  damages,  judgments,  decrees,  costs  and 
expenses  of  the  same  which  it  may  suffer,  or  which  may  be  obtained 
against  said  town  by  reason  of  the  granting  of  said  privileges  and  au- 
thority, or  for,  or  by  reason,  or  growing  out,  or  resulting  from  the 
passage  of  this  ordinance,  or  with  the  exercise  by  its  grantees,  lessees 
and  assigns  of  the  privileges  hereby  granted  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

IT  7.  Bond.]  § 7.  This  ordinance  shall  not  take  effect  until 
after  said  company  shall  have  entered  into  a bond  to  said  village  of 
Hyde  Park,  in  the  penal  sum  of  $25,000,  conditioned  for  the  payment 
of  all  damages  for  which  said  village  may  become  liable  to  any  person 
or  persons,  by  reason  of  the  said  road  entering  or  running  through 
the  portion  of  said  village  aforesaid,  or  by  reason  of  said  company 
constructing,  laying  down  or  operating  said  railroad  track  or  tracks 
within  said  village,  and  conditioned  also  for  the  payment  of  all  dam- 
ages which  may  arise  to  the  said  village  of  Hyde  Park,  or  any  person 
or  persons  whomsoever,  by  reason  of  said  company  constructing,  lay- 
ing down  or  operating  said  railroad  track,  or  the  occupation  of  said 
streets  or  alleys  within  the  said  village  of  Hyde  Park. 

Note. — See  following  amendatory  ordinance. 

§ 316.  Chicago  & Western  Indiana  Railroad  company. 

If  1.  Preamble. 

If  2.  Grant  in  perpetuity — route. 

IT  3.  Telegraph  line  authorized. 

if  4 Maintenance  of  ditches,  etc.,  and  crossings. 

•ff  5.  Draw-bridge  over  Calumet  river, 
if  6.  Tracks — use  of  streets. 

IT  7.  Indemnity. 

IT  8.  Bond — to  take  place  of  former  bond. 

An  ordinance  vesting  and  merging  the  rights  of  the  Chicago  & Western  In- 
diana Railroad  company  into  the  Chicago  & Western  Indiana  Railroad 

company  and  amending  ordinance  of  July  18,  1881.  (Passed  and  approved 

April  3,  1882.) 

IT  1.  Preamble.]  Whereas,  On  the  18th  day  of  July,  1881,  an 
ordinance  was  passed  by  the  president  and  board  of  trustees  of  the  vil- 
lage of  Hyde  Park,  by  which  the  South  Chicago  and  Western  Indiana 
Railroad  Company  was  granted  the  right  of  way  on  certain  routes 
therein  described,  and 

Whereas,  It  is  for  the  public  interest  to  so  amend  said  ordinance 
as  to  change  in  part  the  route  as  therein  set  forth,  and  to  extend  the 
limits  within  which  some  of  its  lines  may  be  located  and  constructed, 


614 


RAILROADS. 


[§ 


and  to  grant  such  other  permissions  in  connection  therewith  as  is 
necessary  to  connect  the  system  of  tracks  thereby  provided  for,  and 

Whereas,  Since  the  passage  of  said  ordinance,  the  said  South  Chi- 
cago and  Western  Indiana  Railroad  Company  has  been  merged  and 
consolidated  with  and  into  the  Chicago  and  Western  Indiana  Railroad 
Company, 

Now,  therefore,  for  the  purpose  of  amending  said  ordinance  afore- 
said, and  vesting  the  rights  granted  to  said  South  Chicago  and  Western 
Indiana  Railroad  Company  to  the  Chicago  and  Western  Indiana  Rail- 
road Company, 

IT  2.  Grant  in  perpetuity — route.]  Be  it  ordained  by  the  pres- 
ident and  board  of  trustees  of  the  village  of  Hyde  Park,  that  the  or- 
dinance passed  on  the  18th  day  of  July,  1881,  be  and  the  same  is  hereby 
amended,  so  as  to  read  as  follows:  § 1.  That  permission  be  and  the 
same  is  hereby  granted  to  the  Chicago  and  Western  Indiana  Railroad 
Company  to  locate,  construct,  lay  down  and  forever  hereafter  to  op- 
erate with  steam  power,  lines  of  railroad  with  one  or  more  tracks  upon 
such  right  of  way  as  said  company  now  owns,  may  hereafter  acquire 
or  may  by  this  ordinance  be  granted  to  it,  within  the  limits  hereafter 
defined  upon  the  following  described  routes  and  connections  herewith, 
namely:  Commencing  at  some  point  on  the  south  line  of  said  town, 

between  the  center  of  sections  31  and  32,  near  the  state  line,  thence 
in  a northwesterly  direction  within  a limit  not  exceeding  one  mile  in 
width,  to  some  point  on  the  Calumet  river  between  Chittenden  bridge 
and  the  point  on  said  Calumet  river  where  Torrence  avenue  would  in- 
tersect it,  if  extended:  thence  continuing  in  a northerly  direction, 
within  a limit  not  exceeding  250  feet  wide,  to  the  south  line  of  One 
Hundred  and  Sixth  street,  at  or  near  Torrence  avenue,  so  as  to  make 
an  intersection  with  the  line  of  said  railroad  company,  authorized  by  a 
former  ordinance  as  granted  by  the  said  village  of  Hyde  Park,  to  the 
South  Chicago  and  Western  Indiana  Railroad  Company  on  May  5th, 
1880.  And  also  making  the  connection  from  said  line  on  the  south 
side  of  One  Hundred  and  Sixth  street,  so  as  to  connect  with  the  branch 
authorized  by  said  last  named  ordinance,  extending  alongside  of  the 
right  of  way  of  the  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Com- 
pany, and  with  the  further  right  and  permission  to  extend  and  connect 
the  line  on  said  last  named  route  with  the  line  indicated  by  the  next 
described  route,  such  connection  to  be  made  within  a limit  bounded 
north  and  south  by  the  center  of  sections  12  and  13,  north  of  the  Indian 
boundary  line.  Also,  upon  the  following  route,  commencing  on  the 
last  named  route  east  of  Torrence  avenue,  between  One  Hundred  and 
Eleventh  street,  and  200  feet  north  of  One  Hundred  and  Tenth  street, 
thence  running  within  a limit  of  not  over  one  mile  wide  in  a north- 
easterly direction,  and  making  a connection  with  the  line  of  said  rail- 
road company,  running  from  its  main  line  to  South  Chicago  by  suitable 
“Y’s”  connections  east  and  west,  and  all  within  a space  of  one  quarter 
of  a mile  east  and  west  of  the  northeast  quarter  of  said  section  eleven; 


§ 316]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  615 

thence  continuing  in  about  the  same  direction  as  said  main  line  until 
it  reaches  at  or  near  the  northwest  corner  of  said  town.  Also  the  fol- 
lowing route:  Commencing  at  a point  on  said  first  named  line  in  the 

southwest  quarter  of  section  30,  township  37,  north,  range  15,  thence 
in  a northeasterly  direction,  between  the  Calumet  river  and  what  is 
known  as  Hyde  Park  Lake,  until  it  intersects  Phillips  avenue  at  or 
near  section  19,  thence  following  along  on  either  side,  or  upon  the  line 
of  said  Phillips  avenue,  or  such  street  or  streets  as  may  be  in  a line 
therewith  to  a point  near  One  Hundred  and  Seventh  street,  thence  in 
a northwesterly  direction  to  the  north  side  of  One  Hundred  and  Sixth 
street,  and  about  60  rods  east  of  Phillips  avenue,  thence  north  on 
either  side,  or  upon  “M”  avenue,  to  the  north  side  of  Ninety-fifth  street, 
thence  bearing  in  a northeasterly  direction,  until  it  strikes  Douglas 
slip,  thence  southeast  alongside  of  said  slip  to  said  Ninety-fifth  street, 
thence  along  on  either  side,  upon  said  last  named  street,  to  Lake  Mich- 
igan; also  upon  the  following  route,  namely:  Commencing  at  a point 
on  said  last  described  line,  within  200  feet  south  of  where  it  crosses  the 
right  of  way  of  the  Pittsburg,  Fort  Wayne  and  Chicago  Railway, 
thence  northwesterly,  on  a route  not  to  exceed  200  feet  from  the  right 
of  way  of  said  last  named  company,  until  it  intersects  with  the  tracks 
already  laid  by  the  said  South  Chicago  and  Western  Indiana  Railroad 
Company  near  Ninety-fifth  street,  and  connecting  therewith;  and  it  is 
hereby  understood  that  said  railroad  company,  at  its  discretion,  is 
hereby  granted  the  right  to  locate  and  establish  its  said  different  lines, 
within  a reasonable  distance  from  the  line  of  said  routes,  upon  lots  or 
lands  as  it,  the  said  company,  now  owns  or  hereafter  may  acquire, 
when  the  route  as  herein  described  is  upon  any  avenue,  street  or  streets. 
And  the  further  authority  and  permission  at  any  and  all  times  to  lay 
down  such  turnouts  and  sidings  on  the  different  lines  above  set  forth, 
as  such  railroad  company  may  deem  necessary  in  order  to  enable  it  to 
reach  any  station,  depot  grounds,  manufacturing  establishments,  ele- 
vators, coal  or  lumber  yards,  and  also  to  maintain  proper  switching 
grounds  in  connection  with  the  operation  of  its  lines  of  railroad,  and 
at  any  railroad  crossing  at  present  or  hereafter  constructed  in  the  town 
of  Hyde  Park,  and  which  may  be  crossed  or  intersected  by  said  rail- 
road company.  It  being  further  understood  that  said  railroad  company 
herebv  has  consent  to  cross  any  and  all  streets,  alleys  and  highways 
with  its  tracks,  side  tracks,  turnouts  on  the  different  lines  aforesaid, 
as  well  as  on  the  routes  of  the  different  railroads,  and  other  connec- 
tions referred  to  herein,  and  with  the  further  permission  and  grant  to 
said  railroad  company,  the  use  of  the  east  36  feet  of  the  following 
streets  and  avenues  lengthwise,  for  the  purpose  of  laying  its  tracks, 
namely,  Torrence  avenue,  Phillips  avenue,  “M’’  avenue,  and  the  north 
36  feet  of  Ninety-fifth  street;  Provided,  the  use  of  said  streets  and  ave- 
nues lengthwise  are  upon  the  condition  that  said  railroad  company 
shall,  whenever  so  directed  by  the  said  board  of  trustees,  grade  the  re- 
maining part  of  said  streets  and  avenues  in  such  manner  as  to  render 


616 


RAILROADS. 


[§  3l6 


that  portion  of  the  same  passable  for  teams ; and  further,  that  upon  Tor- 
rence avenue,  whenever  the  travel  shall  increase  so  that  said  board  shall 
consider  it  necessary  for  the  best  interest  of  the  public  to  have  a board 
fence  erected  on  the  west  side  of  the  said  portion  of  Torrence  avenue, 
on  which  said  railroad  company  is  authorizd  hereby  to  lay  its  tracks, 
then  said  company  shall  within  sixty  days  after  notice  from  said  board, 
erect  such  fence  on  such  line  as  may  be  indicated  by  said  board,  that 
will  permit  said  railroad  company  to  use  the  strip  hereby  granted  to 
said  company,  for  the  purpose  herein  stated. 

IT  3.  Telegraph  line  authorized.]  § 2.  Permission  is  also 
hereby  granted  to  the  Chicago  and  Western  Indiana  Railroad  Com- 
pany to  erect,  and  forever  hereafter  maintain,  a telegraph  line,  consist- 
ing of  one  or  more  lines  of  wire,  with  necessary  poles,  along  said  lines 
of  said  railroad  company  on  their  different  routes  before  designated, 
but  upon  the  condition,  that  the  poles  hereby  authorized  to  be  erected 
shall  be  placed  in  such  position  where  they  are  upon  any  street,  high- 
way or  alley,  or  shall  be  directed  by  the  board  of  trustees  or  officers 
of  said  town. 

1"  4.  Maintenance  of  ditches,  etc.,  and  crossings.]  § 3-  The 

privileges  and  authority  hereby  granted  to  said  company,  are  granted 
upon  the  express  conditions  that  said  company,  its  successors  and  as- 
signs, will  promptly  fulfill  all  obligations  and  duties  that  are  now  or 
may  hereafter  be  imposed  by  ordinance  by  the  board,  upon  railroad 
companies  generally,  in  the  town  of  Hyde  Park,  and  in  respect  to 
ditches,  drains,  culverts,  and  the  suitable  and  proper  maintenance  of 
the  street  and  railway  crossings  of  the  tracks  of  said  company  and  in 
respect  to  police  and  sanitary  regulations. 

1 5.  Draw-bridge  over  Calumet  river.]  § 4.  The  rights 
and  privileges  hereby  granted,  are  so  granted  upon  the  express  un- 
derstanding and  condition,  that  said  railroad  company  shall  erect  over 
the  Calumet  river,  at  the  two  points  where  it  crosses  the  same,  a good 
substantial  drawbridge,  with  a draw  not  less  than  30  feet  in  the  clear, 
and  shall  forever  thereafter  maintain  the  same,  and  upon  the  further 
condition  that  it,  said  company,  shall  provide  for  a keeper  of  said 
bridge,  so  that  at  all  reasonable  hours  the  same  shall  be  open  for  the 
passage  of  such  vessels  and  steamers,  as  may  desire  to  pass  through 
the  same. 

1 6.  Tracks — use  of  streets.]  § 5.  Where  said  railroad 
company  shall  construct  its  tracks  lengthwise  upon  any  public  street 
or  highway,  such  tracks  shall  be,  by  said  company,  laid  in  such  manner 
as  to  interfere  as  little  as  practicable  with  the  use  of  such  streets  by 
teams  and  pedestrians.  Said  railroad  company  shall  at  all  times  keep 
such  tracks  in  such  condition  as  to  allow  the  free  and  easy  passage 
of  vehicles  over  them,  it  being  understood  in  granting  the  privileges 
heretofore  set  forth,  that  said  railroad  company  shall  have  the  right  to 
acquire  from  private  owners  by  purchase,  donation,  condemnation  or 


§ 317]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


617 


otherwise,  such  a width  of  right  of  way  on  the  different  routes  afore- 
said as  is  authorized  by  law,  and  may  occupy  any  street,  highway,  or 
alley,  or  part  of  street,  highway,  or  alley,  on  the  different  lines  upon  the 
route  as  indicated  aforesaid,  lengthwise  by  their  said  tracks,  where  it 
can  be  done  so  as  to  comply  with  the  conditions  aforesaid. 

T 7.  Indemnity.]  § 6.  The  privileges  and  authority  hereby 
granted  to  said  railroad  company,  are  granted  upon  the  express  con- 
dition that  said  company,  its  successors,  grantees,  lessees  and  assigns, 
shall  forever  indemnify  and  save  harmless  the  town  of  Hyde  Park 
against  and  from  any  and  all  damages,  judgments,  decrees,  costs  and 
expenses  of  the  same,  which  it  may  suffer,  or  which  may  be  obtained 
against  said  town,  by  reason  of  the  granting  of  said  privileges  and  au- 
thority, or  for  or  by  reason,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  with  the  exercise  by  its  grantees,  lessees 
and  assigns  of  the  privileges  hereby  granted  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

T 8.  Bond — to  take  place  of  former  bond.]  § 7.  This  or- 
dinance shall  not  take  effect  until  after  said  company  shall  have  en- 
tered into  a bond  to  said  village  of  Hyde  Park,  in  the  penal  sum  of 
$25,000,  to  take  the  place  of  a bond  for  the  same  amount  heretofore 
filed  by  the  said  South  Chicago  and  Western  Indiana  Railroad  Com- 
pany, as  provided  in  said  ordinance  passed  July  18th,  1881,  conditioned 
for  the  payment  of  all  damages  for  which  said  village  may  become  lia- 
ble to  any  person  or  persons,  by  reason  of  the  said  road  entering  or 
running  through  the  portion  of  said  village  aforesaid,  or  by  reason  of 
said  company  constructing,  laying  down,  and  operating  said  railroad 
track  or  tracks  within  said  village,  and  conditioned  also  for  the  pay- 
ment of  all  damages  which  may  arise  to  the  said  village  of  Hyde  Park, 
or  any  person  or  persons  whomsoever,  bv  reason  of  said  company 
constructing,  laying  down,  and  operating  said  railroad  track  or  the 
occupation  of  said  streets  or  alleys  within  the  said  village  of  Hyde  Park. 

§ 317.  Chicago  & Western  Indiana  Railroad  company. 

If  1.  Bridge  and  viaduct. 

If  2.  Provision  as  to  a new  bridge. 

If  3.  Completion  of  work — not  to  ratify  ordinance  of  September  15, 
1879. 

^f  4.  Bond, 
if  5.  Acceptance. 

An  ordinance  granting  permission  to  the  Chicago  & Western  Indiana  Railroad 

company  to  raise  Eighteenth  street  bridge,  and  the  approaches  thereto. 

(Passed  March  7,  1881.) 

1 1.  Bridge  and  viaduct.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the 
same  are  hereby  granted  to  the  Chicago  and  Western  Indiana  Rail- 
road Company  to  raise  the  present  bridge  crossing  the  south  branch 
of  the  Chicago  river  at  Eighteenth  street, jiot  to  exceed  three  and  one- 
third  feet  higher  than  it  now  is,  and  erect,  at  the  east  end  of  said  bridge, 


618 


RAILROADS. 


[§  317 


a suitable  viaduct,  fifty-eight  feet  long;  and  the  authority  and  permis- 
sion is  hereby  further  granted  to  said  Chicago  and  Western  Indiana 
Railroad  Company  to  raise  the  approaches  at  both  ends  of  said  bridge, 
also  the  approach  from  Lumber  street  to  connect  with  the  west  ap- 
proach aforesaid,  to  the  necessary  grade,  as  appears  by  the  profile  plan 
marked  B,  now  in  the  office  of  the  department  of  public  works  of  said 
city.  All  of  the  material  to  be  used  in  making  said  changes  and  erect- 
ing said  viaduct  is  to  be  of  wood;  Provided,  and  this  is  upon  the  ex- 
press condition  that  the  raising  of  said  bridge,  the  building  of  said 
viaduct,  together  with  all  of  the  said  approaches,  shall  be  at  the  ex- 
pense and  cost  of  said  company. 

1 2.  Provision  as  to  a new  bridge.]  § 2.  The  permission 
and  authority  hereby  granted  are  upon  the  further  express  condition 
that  whenever  the  said  city  shall  build  or  erect  another  bridge  or  widen 
the  present  one  at  said  point,  that  then  the  said  Chicago  and  Western 
Indiana  Railroad  Company  shall  at  its  own  cost  and  expense  build  the 
abutments  at  the  east  end  of  said  bridge,  and  at  the  east  end  of  such 
viaduct,  of  stone  masonry,  and  shall  at  its  own  cost  and  expense  renew 
the  said  viaduct  of  such  material  and  width  as  may  be  required  by  said 
city;  and  further,  shall  pay  to  the  city  the  cost  and  expense  of  the  ad- 
ditional height,  and  the  cost  and  expense  of  the  additional  base  and 
proportions  required  by  such  increased  heights  of  the  center  pier  of 
said  bridge,  whenever  the  city  shall  build  or  erect  another  bridge  or 
widen  the  present  one.  All  of  said  work  to  be  constructed  according 
to  plans  and  specifications  to  be  made  by  the  department  of  public 
works,  and  to  be  under  the  superintendence  and  direction  and  to  the 
satisfaction  of  the  commissioner  of  public  works  of  said  city.  The  via- 
duct mentioned  in  the  foregoing  sections  is  to  be  maintained  and  kept 
in  repairs  by  and  at  the  cost  and  expense  of  said  Chicago  and  Western 
Indiana  Railroad  Company,  subject  to  the  direction  and  superintend- 
ence of  the  proper  officer  authorized  by  said  city. 

1 3.  Completion  of  work — not  to  ratify  ordinance  of  Septem- 
ber 15,  1879.]  § 3.  The  rights  and  privileges  hereby  granted  are 
upon  the  express  conditions  that  the  aforesaid  work  shall  be  so  done 
that  it  will  not  interfere  with  travel  across  said  bridge  for  a longer 
period  than  thirty  days;  and  upon  the  further  condition  that  nothing 
herein  contained  shall  operate  or  in  any  way  be  construed  as  operating, 
to  ratify  or  in  any  manner  confirm  the  ordinance  passed  September 
15th,  1879,  purporting  to  grant  to  said  railroad  company  permission 
and  authority  to  lay  down,  maintain  and  operate  a railroad  in  said  city, 
or  as  in  any  manner  extending  the  rights  or  privileges  purported  to  be 
granted  by  said  last  mentioned  ordinance,  or  the  time  within  which 
such  rights  or  privileges  were  to  be  exercised. 

% 4.  Bond.]  § 4.  That  the  said  railroad  company,  before 
exercising  any  of  the  rights  hereby  granted,  shall  execute  to  the  city 
of  Chicago  a good  and  sufficient  bond,  in  the  penal  sum  of  fifty  thou- 


§ 3*8]  CHICAGO  & WESTERN  INDIANA  (BELT)  RAILWAY  COMPANY.  619 

sand  dollars  ($50,000),  with  surety  or  sureties  to  be  approved  by  the 
commissioner  of  public  works,  conditioned  that  it  will  observe,  per- 
form and  carry  out  all  the  provisions  of  this  ordinance,  and  will  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  damages,  judgments,  decrees,  costs  and  expenses  which 
it  may  suffer,  or  which  may  be  recovered  or  obtained  against  said  city, 
for  or  by  reason,  or  growing  out  of,  or  resulting  from  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  the  privileges  of  any  of  them  hereby 
granted,  or  from  any  act  or  acts  of  the  said  company  under  or  by  vir- 
tue of  the  provisions  hereof. 

1"  5.  Acceptance.]  § 5.  This  ordinance  is  granted  upon  the 
further  express  condition  that  it  shall  be  formally  accepted  by  the  Chi- 
cago and  Western  Indiana  Railroad  Company  within  ten  days  after  its 
passage,  and  that  the  work  herein  authorized  shall  be  done  and  com- 
pleted within  six  months  from  the  passage  of  the  ordinance;  other- 
wise all  rights  and  privileges  herein  granted  shall  cease  and  be  null 
and  void. 

§ 318  Chicago  & Western  Indiana  (Belt)  Railway  company. 

If  1.  Telegraph  line  and  route  of  railroad — indemnity — viaduct. 

If  2.  Conditions. 

If  3.  Failure  to  comply  with  conditions. 

4.  When  in  force — acceptance. 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  (Belt)  Railway  com- 
pany the  right  of  way  for  railroad  tracks  and  other  privileges.  (Adopted 
July  5,  1881.  Accepted  July  15,  1881.) 

T 1.  Telegraph  line  and  route  of  railroad — indemnity — via- 
duct.] Be  it  ordained  by  the  board  of  trustees  of  the  town  of  Lake : 
§ 1.  That  permmission  and  authority  be  and  the  same  is  hereby 
granted  to  the  Chicago  and  Western  Indiana  Belt  Railway  Com- 
pany, to  erect  a telegraph  line  and  lay  down,  maintain  and  forever  op- 
erate with  steam  power  two  or  more  tracks  on  and  along  the  route 
hereinafter  indicated,  and  such  switches,  sidings,  turnouts,  with  track 
connections  with  any  railroad  now  or  hereafter  constructed;  also  with 
any  manufacturing  and  other  establishment,  lumber  and  coal  yards  on 
or  near  the  said  route  as  may  be  necessary,  and  as  required  in  the 
county  of  Cook  and  state  of  Illinois,  to-wit:  Commencing  at  or  near 

Wallace  street  on  the  north  line  of  where  75th  street  intersects  the 
same;  thence  west  on  the  north  side  of  75th  street  where  said  streets 
exist,  and  on  the  north  side  of  the  right  of  way  ol  the  Chicago  and 
Strawn  Railway  Company  to  a point  where  it  intersects  with  the  right 
of  way  of  the  Chicago  and  Grand  Trunk  Railway  Company,  with  the 
right  to  cross  with  said  tracks  for  saiti  purposes  all  the  streets,  high- 
ways and  alleys  on  said  route.  The  said  telegraph  line  to  be  placed 
upon  the  poles  on  the  route  aforesaid,  and  on  the  lands  of  said  com- 
pany, and  where  necessary  to  be  placed  upon  any  of  the  streets,  high- 
ways or  alleys  of  said  route,  to  be  under  the  direction  of  the  said  board. 


620 


RAILROADS. 


[§  319 


The  permission  and  authority  hereby  granted  are  upon  the  follow- 
ing express  conditions : That  the  said  railway  company  and  its  grantees, 
lessees  and  assigns  shall  and  will  forever  indemnify  and  save  harmless 
the  town  of  Lake  against  and  from  any  and  all  damages,  judgments, 
decrees,  costs  and  expenses  of  the  same  which  it  may  suffer,  or  which 
may  be  recovered  or  obtained  against  said  town  for  or  by  reason  of  or 
growing  out  of  or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by  said  com- 
pany, its  grantees,  lessees  or  assigns,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 

Second,  That  the  said  company  shall  construct  and  forever  main- 
tain a viaduct  or  viaducts,  with  suitable  approaches,  over  any  of  its 
said  tracks  at  Halsted  street  or  any  other  street  in  said  town,  in  case 
the  public  necessity  shall  hereafter  at  any  time  require  the  construction 
of  such  viaduct  or  viaducts  and  approaches  thereto;  such  viaducts  and 
approaches  to  be  constructed  according  to  a plan  to  be  approved  by  the 
board  of  trustees  of  said  town,  and  to  be  constructed  within  nine  (9) 
months  from  service  on  the  company  of  a written  notice  from  said 
board  that  the  same  is  required. 

Provided,  That  such  viaduct  shall  not  be  ordered  by  said  board 
until  18  months  from  this  date. 

And  Provided  further,  that  any  corporation  constructing  or  own- 
ing a railroad  crossing  said  Halsted  street,  adjacent  to  the  tracks  of 
said  railway,  shall  be  bound  by  ordinance  of  the  town-  to  contribute 
in  the  construction  of  said  viaduct  and  approaches  a sum  equal  to  the 
cost  of  constructing  the  same  over  the  tracks  of  said  corporation. 

If  2.  Conditions.]  § 2.  The  privileges  and  authority  hereby 
granted  to  said  company  are  granted  upon  the  express  conditions 
that  said  company,  its  successors  and  assigns,  will  promptly  fulfill  all 
obligations  and  duties  that  are  now  or  may  hereafter  be  imposed  by 
ordinance  of  this  board  upon  railway  companies  generally  in  the  town 
of  Lake,  in  respect  to  ditches,  drains,  culverts  and  the  suitable  and 
proper  maintenance  of  the  street  and  railway  crossings  of  the  tracks 
of  said  company,  and  in  respect  to  all  police  and  sanitary  regulations, 
and  in  case  of  failure  of  said  railroad  company  to  comply  with  the  pro- 
visions of  this  ordinance,  then  the  town  of  Lake  may  remove  the  tracks 
of  said  railroad  from  any  and  all  streets  and  thoroughfares  of  said  town. 

Tf  3.  Failure  to  comply  with  conditions.]  § 3.  A failure  of 
the  said  company,  its  successors  or  assigns,  to  comply  with  and  fulfill 
the  obligations  and  duties  imposed  on  it  by  this  ordinance,  shall  be 
cause  of  forfeiture  of  all  rights  and  privileges  hereby  granted. 

IT  4.  When  in  force — acceptance.]  § 4.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage,  and  a written 
acceptance  by  said  company  filed  with  the  town  clerk  of  said  town 
within  thirty  days  after  its  passage. 


§ 3 1 9]  CHICAGO  & WESTERN  INDIANA  (BELT)  RAILWAY  COMPANY.  621 

§ 319.  Chicago  & Western  Indiana  (Belt)  Railway  company. 

Tf  1.  Route — conditions. 

Tf  2.  Stipulation — failure — removal  of  tracks. 

TT  3.  When  in  force — acceptance. 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  (Belt)  Railway  com- 
pany right  of  way  for  railroad  tracks  and  other  purposes.  (Passed  Novem- 
ber 1,  1881.  Accepted  November  1,  1881.) 

% 1.  Route — conditions.]  Be  it  ordained  by  the  board  of 

trustees  of  the  town  of  Lake:  § i.  That  permission  and  authority  be 
and  the  same  is  hereby  granted  to  the  Chicago  and  Western  Indiana 
(Belt)  Railway  Company,  to  erect  a telegraph  line,  and  lay  down,  and 
forever  operate  with  steam  power  two  or  more  tracks,  on  or  along  the 
route  hereinafter  indicated,  and  on  adjoining  land,  necessary  switches, 
sidings,  turnouts,  track  connections  with  any  railroad  now  or  hereafter 
constructed  in  Cook  county,  Illinois,  and  with  any  manufacturing 
or  other  establishments  including  lumber  and  coal  yards  on  or  near  the 
said  route,  to-wit: 

Commencing  at  the  point  of  termination  of  right  of  way  as  de- 
scribed in  ordinance  granted  to  said  company  by  the  said  town  of  Lake, 
on  July  5th,  1881,  at  the  crossing  of  the  Chicago  and  Grand  Trunk 
Railway;  thence  westerly  to  a point  on  the  dividing  line  between  the 
west  half  and  the  east  half  of  the  northwest  quarter  of  section  27,  in 
township  38  north,  range  13  east  of  the  third  principal  meridian;  thence 
on  said  dividing  line  north  to  the  north  line  of  said  town  of  Lake. 

To  cross  with  said  tracks  for  all  of  said  purposes,  all  the  streets, 
highways  and  alleys  on  said  route  and  adjoining  lands.  The  said  tel- 
egraph line  to  be  placed  upon  poles  upon  the  route  aforesaid,  and  upon 
the  lands  of  said  company,  and  where  necessary  may  be  placed  upon 
any  of  the  streets,  highways  or  alleys  upon  said  route;  but  such  poles 
to  be  erected  under  the  direction  of  said  board. 

The  provisions  and  authority  hereby  granted  are  upon  the  follow- 
ing express  conditions : 

That  the  said  railway  company  and  its  grantees,  lessees  and  as- 
signs shall  and  will  forever  indemnify  and  save  harmless  the  town  of 
Lake  against  and  from  any  and  all  damages,  judgments,  decrees,  costs 
and  expenses  of  the  same  which  it  may  sutler  or  which  may  be  re- 
covered or  obtained  against  said  town  for  or  by  reason  of  or  growing 
out  of  or  resulting  from  the  passage  of  this  ordinance,  or  any  matter 
or  thing  connected  therewith,  or  with  the  exercise  by  said  company, 
its  grantees,  lessees  or  assigns,  under  or  by  virtue  of  the  provisions  of 
this  ordinance. 

f 2.  Stipulation — failure — removal  of  tracks.]  § 2.  The 

privileges  and  authority  hereby  granted  to  said  company  are  granted 
upon  the  express  conditions  that  said  company,  its  successors  and  as- 
signs, will  promptly  fulfill  all  obligations  and  duties  that  are  now  or 
may  hereafter  be  imposed  by  ordinance  of  this  board  upon  railway 
companies  generally  in  the  town  of  Lake,  in  respect  to  ditches,  drains, 


622 


RAILROADS. 


[§  320 


culverts  and  the  suitable  and  proper  maintenance  of  the  present  and 
future  streets  and  railway  crossings  of  the  tracks  of  said  company, 
and  in  respect  to  all  police  and  sanitary  regulations.  And  in  case  of 
failure  of  said  railroad  company  to  comply  with  the  provisions  of  this 
ordinance,  then  the  town  of  Lake  may,  after  due  notice  in  writing,  re- 
move the  tracks  of  said  railroad  from  any  and  all  streets  and  thorough- 
fares of  said  town. 

T 3.  When  in  force — acceptance.]  § 3.  This  ordinance  shall 

take  effect  and  be  in  force  from  and  after  its  passage,  provided  a writ- 
ten acceptance  by  said  company  is  filed  with  the  town  clerk  of  said 
town  within  thirty  days  thereafter. 

§ 320.  Chicago  & Western  Indiana  Railroad  company. 

1.  Grant  in  perpetuity — route. 

2.  Vacation  of  streets — conditions. 

3.  When  in  force — acceptance. 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  Railroad  company  and 
to  the  Chicago  & Western  Indiana  Belt  Railway  company  certain  privileges 
for  railroad  tracks  and  other  purposes.  (Passed  November  i,  1881.  Ac- 
cepted November  i,  1881.) 

If  1.  Grant  in  perpetuity — route.]  Be  it  ordained  by  the 
board  of  trustees  of  the  town  of  Lake:  § 1.  That  permission  and  au- 
thority be  and  the  same  is  hereby  granted  to  the  Chicago  and  Western 
Indiana  Railroad  Company,  to  lay  down,  maintain  and  forever  operate 
with  steam  power  the  necessary  tracks  required  in  the  prosecution  of 
its  business  south  of  47th  street,  and  north  of  55th  street,  and  between 
Wallace  street  and  the  west  side  of  Wright  street,  with  the  privileges 
of  using  lengthwise  any  of  the  intervening  streets  and  alleys  running 
north  and  south,  whenever  said  railroad  company  own  the  abutting 
lands  on  both  sides  of  such  streets  and  alleys,  and  the  like  permission 
and  authority  is  hereby  further  granted  to  said  last  named  railroad 
company  and  to  the  Chicago  and  Western  Indiana  Belt  Railway  Com-  < 
pany,  jointly  and  severally,  to  the  extent  that  said  companies  respect-  1 
ivelv  do  now  or  may  hereafter  own  or  control  the  land  in  the  district 
herein  described,  and  to  the  same  extent  and  subject  to  the  same  con- 
ditions with  the  above  grant  within  the  following  territory: 

Bounded  on  the  south  by  the  south  line  of  said  town  of  Lake,  on 
the  west  by  the  east  line  of  Wallace  street,  as  laid  down  in  a plat  of 
Sission  and  Newman’s  subdivision  of  South  Englewood,  till  it  reaches, 
if  extended,  the  north  side  of  Vincennes  avenue,  and  from  thence  north 
until  it  intersects  the  center  of  Wallace  street  at  81  st  street,  on  the  east 
by  the  east  line  of  the  Seymour  estate  subdivision  of  the  west  half  of 
the  southeast  quarter  of  section  thirty-three  (33),  township  thirty-eight 
(38)  north,  range  fourteen  (14)  to  the  northeast  corner  of  said  west 
half  of  southeast  quarter,  and  from  that  point  west  to  the  northwest 
corner  thereof:  thence  northwesterly  to  the  northeast  corner  of  lot 
five  (5)  in  Sutherland’s  subdivision  of  part  of  the  northwest  quarter 


320]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


623 


of  said  section  thirty-three  (33),  and  continued  to  an  intersection  of  the 
main  line  of  said  railroad  company,  and  for  that  purpose  to  cross  with 
said  tracks  all  of  the  streets,  highways  and  alleys  within  the  said  limits 
in  the  two  localities  before  described. 

1 2.  Vacation  of  streets — conditions.]  § 2.  In  the  territory 
last  described  south  of  Vincennes  avenue,  the  streets  and  alleys  and 
highways  upon  which  the  said  railroad  company  or  railway  company 
shall  have  or  hereafter  acquire,  all  the  lands  abutting  thereon  may  be 
considered  as  vacated  to  that  extent,  and  be  occupied  by  said  com- 
panies and  used  as  aforesaid  for  their  use  for  railroad  purposes. 

Provided,  however,  that  before  what  is  known  as  the  Holland  set- 
tlement road  shall  be  so  appropriated  to  such  use  by  said  railroad  conir 
panies,  the  said  railroad  companies  shall  first  put  in  good  condition  for 
travel,  87th  street  from  a point  where  said  Holland  road  intersects  it, 
west  to  Wallace  street,  and  the  said  Wallace  street  from  said  intersec- 
tion to  Vincennes  avenue.  Said  part  of  said  streets  to  be  properly 
graded  and  necessary  ditches  constructed  to  the  entire  satisfaction  of 
the  board  of  trustees  of  the  said  town. 

The  right  to  use  said  streets  and  alleys  being  granted  only  so  far  as 
the  same  are  dedicated  for  public  purposes,  and  to  the  extent  that  the 
town  of  Lake  has  power  to  grant  the  same,  and  upon  the  following  ex- 
press conditions: 

1st.  That  the  said  railroad  companies  and  their  grantees,  les- 
sees and  assigns,  shall  and  will  forever  indemnify  and  save  harmless  the 
town  of  Lake  against  and  from  any  and  all  damages,  judgments,  de- 
crees, costs  and  expenses  of  the  same  which  it  may  suffer,  or  which 
may  be  recovered  or  obtained  against  said  town  for  or  by  reason  of  or 
growing  out  of  or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith  or  with  the  exercise  by  said  com- 
panies, their  grantees,  lessees  or  assigns,  under  and  by  virtue  of  the 
provisions  of  this  ordinance. 

2d.  That  said  railroad  companies  shall  set  apart  and  reserve  a 
strip  of  land  33  feet  in  width  on  the  east  side  of  the  land  acquired  by 
them  for  railroad  purposes  lying  between  49th  street  and  51st  street, 
for  drainage  and  highway  purposes,  except  when  such  east  side  abuts 
on  a public  street,  and  it  is  expressly  understood,  that  it  is  not  intended 
hereby  to  grant  permission  to  lay  any  tracks  across  47th  street. 

3rd.  That  said  companies,  their  successors  .and  assigns,  will 
promptly  fulfill  all  obligations  and  duties  that  are  now  or  may  here- 
after be  imposed  upon  railroad  companies  generally,  in  the  town  of 
Lake,  in  respect  to  ditches,  drains,  culverts,  and  the  suitable  and  prop- 
er maintenance  of  the  present  and  future  street  and  railway  crossings 
of  the  tracks  of  said  companies,  and  in  respect  to  all  police  and  sanitary 
regulations.  In  case  of  failure  of  said  railroad  companies  to  comply 
with  the  provisions  of  this  ordinance,  then  the  town  of  Lake  may,  after 
due  notice  in  writing,  remove  the  tracks  of  said  railroads  from  any 
and  all  streets  and  thoroughfares  of  said  town. 


624 


RAILROADS. 


IT  3.  When  in  force — acceptance.]  § 3.  This  ordinance  shall 

take  effect  and  be  in  force  from  and  after  its  passage,  provided  a writ- 
ten acceptance  by  said  companies  is  filed  with  the  town  clerk  of  said 
town  within  thirty  days  thereafter. 

§ 321.  Chicago  & Western  Indiana  Railroad  company. 

■[[  1.  Grant — Wallace  street  between  Fifty-eighth  and  Fifty -ninth 
streets  and  across  Fifty- eighth  street. 

2.  Construction  of  ditches,  etc. — street  railway  crossings. 

3.  When  in  force. 

<t[  4.  Indemnification  of  town  of  lake. 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  Railroad  company  the 
right  to  lay  down  side  track  on  Wallace  street  between  Fifty-eighth  and 
Fifty-ninth  streets,  so  as  to  make  a connection  with  the  manufacturing 
establishment  of  H.  W.  Fowler  to  be  erected  at  that  point.  (Passed  No- 
vember 11,  1881.) 

T 1.  Grant — Wallace  street  between  58th  and  59th  streets 
and  across  58th  street.]  Be  it  ordained  by  the  board  of  trustees  of 
the  town  of  Lake:  § 1.  That  permission  and  authority  is  hereby 

granted  to  the  Chicago  and  Western  Indiana  Railroad  Company  to 
lay  down  one  or  more  tracks  from  its  main  line  at  a point  170  feet 
from  the  north  line  of  59th  street,  thence  to  the  property  of  said  Fow- 
ler, and  continuing  the  same  on  his  property  to  a point  50  feet  south 
of  the  south  line  of  58th  street,  thence  across  58th  street,  making  a 
connection  with  the  main  line  of  said  railroad  company  as  soon  as 
practicable;  and  for  that  purpose  permission  is  given  to  cross  said  58th 
street,  occupying  such  portion  of  Wallace  street  as  may  be  necessary 
to  make  the  connection  aforesaid. 

IF  2.  Construction  of  ditches,  etc. — street  railway  crossings.] 
§ 2.  The  permission  and  authority  granted  as  aforesaid  are  that  said 
company  and  its  successors  will  promptly  fulfill  all  obligations  that 
are  now,  or  hereafter  may  be,  imposed  upon  railroad  companies  in  the 
town  of  Lake  in  constructing  ditches,  culverts,  drains  and  suitable  and 
proper  maintenance  of  present  and  future  street  railway  crossings  of 
the  tracks  of  said  company,  and  in  respect  to  all  rules  for  sanitary  reg- 
ulation. 

IT  3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

IF  4.  Indemnification  of  town  of  Lake.]  § 4.  It  is  further 
agreed  that  the  permission  and  authority  hereby  granted  are  granted 
upon  the  express  condition  that  said  Chicago  and  Western  Indiana 
Railroad  Company,  and  its  grantees,  lessees  and  assigns,  shall  and 
will  forever  indemnify  and  save  harmless  the  town  of  Lake  against 
and  from  all  damages,  judgments,  decrees,  costs  and  expenses  of  the 
same  which  it  may  suffer  or  which  may  be  recovered  or  obtained 
against  said  town  for,  or  bv  reason  of,  or  growing  out  of,  or  resulting 
from  the  passage  of  this  ordinance,  or  any  matter  or  thing  connected 


§§  322>323]  CHICACO  & WESTERN  INDIANA  RAILROAD  COMPANY.  625 

therewith,  or  with  the  exercise  by  said  company,  its  grantees,  lessees, 
or  assigns,  under  of  by  virtue  of  the  provisions  of  this  ordinance. 

§ 322.  Chicago  & Western  Indiana  Railroad  company. 

If  1.  Preamble. 

Tf  2.  Grant — additional  track, 
if  3.  When  in  force. 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  Railroad  company- 
permission  to  cross  Sixty-third  street  with  track  connecting  its  main  line 
with  its  depot  ground.  (Passed  December  16,  1881.) 

Tf  1.  Preamble.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § I.  Whereas,  heretofore  permission  was  granted  to 

said  company  to  lay  down  one  or  more  tracks  on  Wallace  street  or  on 
such  right  of  way  as  might  be  acquired  by  said  company  adjoining 
thereto; 

And  whereas,  by  a general  ordinance  now  in  force,  it  is  unneces- 
sary to  obtain  permission  from  said  board  before  additional  tracks  are 
laid; 

And  whereas,  said  company  has  made  application  to  said  board 
for  such  permission  to  lay  down  an  additional  track  at  63d  street,  so  as 
to  connect  its  depot  ground  with  the  main  line; 

And  whereas,  said  application  is  supported  by  a petition  of  prop- 
erty owners  and  citizens  of  Englewood; 

H 2.  Grant — additional  track.]  § 2.  Now,  therefore,  permis- 
sion and  authority  is  hereby  granted  unto  said  company  to  lay  down 
such  additional  track  adjoining  its  main  line  on  the  east,  and  crossing 
63d  street,  to  be  laid  not  exceeding  fifteen  (15)  feet  east  of  its  main 
line  connecting  with  its  main  track,  not  exceeding  ninety  (90)  feet  and 
not  less  than  eighty  (80)  feet  from  the  north  line  of  63d  street.  Said 
permission  is  granted  upon  the  condition  that  a good  and  substantial 
crossing,  with  proper  culverts  for  the  drainage  of  water  along  63d 
street  under  said  track,  shall  be  put  in  when  said  track  is  laid  and 
shall  be  maintained  by  said  company,  and  said  side  track  shall  be  so 
laid  and  constructed  as  to  not  interfere  with  the  drainage  of  water 
towards  the  north  on  the  east  side  of  Wallace  street. 

IT  3.  When  in  force.]  § 3.  This  ordinance  to  take  effect  and 
be  in  force  from  and  after  its  passage. 

§ 323.  Chicago  & Western  Indiana  Railroad  company. 

If  1.  Wallace  street. 

IF  2-  How  laid, 
if  3*  When  in  force. 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  Railroad  company,  by 
the  board  of  trustees  of  the  town  of  Lake,  the  right  to  put  in  switch  connec- 
tion with  its  main  line  between  Fifty-ninth  street  and  a point  300  feet  north 
of  said  street.  (Passed  January  6,  1882.) 

If  1.  Wallace  street.]  § 1.  Permission  and  authority  is  here- 
by granted  to  the  Chicago  and  Western  Indiana  Railroad  Company  to 

40 


626 


RAILROADS. 


lay  down  and  operate  one  track,  to  be  connected  with  its  main  line, 
at  or  near  59th  street,  in  said  town,  on  the  west  side  of  said  main  line; 
the  said  connection  to  be  made  at  the  point  named,  and  to  run  in  a 
northwesterly  direction  to  the  west  side  of  what  is  known  as  Wallace 
street,  and  to  be  then  laid  upon  the  land  west  of  and  outside  of  said 
street,  and  to  be  extended  north  until  it  reaches  the  side  track  hereto- 
fore authorized  to  be  laid  by  said  company,  about  300  feet  north  of 
said  59th  street. 

1 2.  How  laid.]  § 2.  Said  track  to  be  laid  down  and  con- 
nection made  in  a manner  to  be  satisfactory  to  the  board  of  trustees 
of  said  town. 

IT  3.  When  in  force.]  § 3.  This  ordinance  to  take  effect  and 
to  be  in  force  from  and  after  its  passage. 

§ 324.  Chicago  & Western  Indiana  Railroad  company. 

If  1.  Grant — railroad — telegraph  line — route. 

2.  Subject  to  ordinances, 
if  3.  Viaducts — flagmen, 
it  4-  Time  of  completion, 
it  5.  Ditches  and  culverts, 
it  6.  Powers  reserved  in  council, 
if  7.  When  in  force. 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  Belt  Railway  company 

privileges  for  railroad  tracks  and  other  purposes.  (Passed  November  26, 

1881.) 

1 1.  Grant— railroad— telegraph  line — route.]  Be  it  ordained 
by  the  board  of  trustees  of  the  town  of  Cicero : § 1 . That  permission 
and  authority  be  and  the  same  are  hereby  granted  to  the  Chicago  and 
Western  Indiana  Belt  Railway  Company,  its  grantees,  lessees,  succes- 
sors and  assigns,  to  erect  a telegraph  line,  and  lav  down,  maintain 
and  forever  operate  with  steam  power  two  or  more  railroad  tracks  on 
its  right  of  way  on  the  route  hereinafter  indicated,  and  on  adjoining 
land  which  it  may  acquire,  such  switches,  sidings,  turnouts,  yards  and 
track  connections  with  any  railroad  now  or  hereafter  constructed;  and 
also  to  build  and  maintain  railroad  tracks  connecting  with  any  manu- 
facturing and  other  establishments,  lumber  and  coal  yards,  on  or  near 
the  said  route,  as  may  be  deemed  necessary,  within  the  town  of  Cicero, 
in  the  county  of  Cook  and  state  of  Illinois,  that  is  to  say,  over,  through 
and  upon  the  street  or  highway  running  north  and  south  through  said 
town,  and  known  and  designated  as  46th  street,  or  on  any  other  street 
intervening  between  the  limits  of  said  route,  and  where  no  street, 
then  upon  such  land  as  said  company  may  acquire;  said  route  com- 
mencing at  or  near  the  center  of  the  west  half  of  section  thirty-four, 
in  township  thirty-nine  north,  range  thirteen,  east  of  the  third  prin- 
cipal meridian,  on  the  south  line  of  said  town  of  Cicero;  that  is  at  a 
point  where  46th  street,  if  produced,  would  intersect  said  town  line, 
thence  running  north  until  it  intersects  the  center  of  46th  street  where 
laid  out;  thence  north  till  it  reaches  the  west  side  and  adjoining  the 


§ 324]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  627 

tracks  of  what  is  known  as  the  Wisconsin  division  of  the  Chicago  and 
Northwestern  Railroad  Company,  at  or  near  the  main  line  of  said  last 
named  company,  and  from  thence  continuing  north  in  the  same  direc- 
tion to  the  north  side  of  said  town  of  Cicero. 

And,  for  said  purposes,  the  right  is  hereby  granted  to  cross  with 
said  tracks  all  of  the  streets,  highways  and  alleys  on  said  route,  and  to 
use  such  portion  of  46th  street,  or  any  other  street  intervening  between 
the  limits  of  said  route  lengthwise:  the  right  to  use  said  streets,  alleys 
and  highways  being  granted  only  so  far  as  the  same  are  dedicated  for 
public  purposes,  and  to  the  extent  that  the  board  of  trustees  of  the 
town  of  Cicero  have  power  to  grant  the  same,  and  upon  condition 
that  it  is  subject  at  all  times  to  the  general  ordinances  of  the  said 
town  of  Cicero  now  in  force,  or  that  may  hereafter  be  adopted  by  the 
board  of  trustees  of  said  town. 

% 2.  Subject  to  ordinances.]  § 2.  The  permission  and  au- 
thority hereby  granted  are  upon  the  express  condition  that  the  said 
railway  company  and  its  grantees  and  lessees  will  keep  and  perform 
all  obligations  arid  duties  that  are  now  or  hereafter  may  be  imposed 
by  any  general  or  special  ordinance  or  ordinances  of  the  board  of 
trustees  of  said  town,  pertaining  to  the  management,  regulation  and 
control  of  railway  and  telegraph  companies;  and  also  in  respect  to 
ditches,  drains  and  rests,  and  the  suitable  and  proper  maintenance  of 
the  street  and  railway  crossings  of  the  tracks  of  said  railway  com- 
pany, and  all  police  ordinances  and  health  regulations  of  said  town. 

IT  3.  Viaducts — flagmen.]  § 3.  The  permission  and  author- 
ity hereby  granted  are  upon  the  further  express  condition  that  the 
said  railway  company  shall,  at  its  own  cost  and  expense,  within  such 
time  as  the  board  of  trustees  of  said  town  shall  bv  ordinance  direct 
and  order,  construct  and  forever  maintain  such  viaduct  or  viaducts, 
with  suitable  approaches,  over  any  of  its  tracks  at  its  crossings  of  any 
street,  highway,  thoroughfare,  avenue,  alley  or  road  in  said  town,  and 
all  such  viaducts,  and  the  approaches  thereto,  shall  be  constructed 
in  the  manner  and  of  the  material  designated,  and  within  the  time 
required,  and  in  accordance  with  plans  and  specifications  prepared  or 
approved  by  said  board  of  trustees. 

Provided,  that  the  board  of  trustees  of  said  town  shall  notify  said 
railway  company  in  writing,  when  and  where  any  such  viaduct  shall 
be  erected,  and  shall  also  furnish  said  company  with  a copy  of  any 
ordinance  and  specifications  adopted  by  said  board  of  trustees,  direct- 
ing or  ordering  the  construction  of  any  viaduct  over  or  upon  the  tracks 
or  route  of  said  railway  company;  and 

Provided  further,  that  in  the  erection  of  any  such  viaducts,  and 
the  approaches  thereto,  the  said  railway  company  shall  act  as  the 
agent  of  said  town,  and  be  only  liable  for  damage  to  property  to  the 
extent  that  said  town  would  be;  and 

Provided  further,  that  said  railway  company  shall,  at  its  own  cost 


628 


RAILROADS. 


[§  325 


and  expense,  keep  a flagman  or  flagmen  at  all  such  crossings  as  shall 
be  required  by  any  ordinance  of  said  town;  and  shall  keep  or  maintain 
all  street  and  highway  crossings  along  the  route  of  said  railway  in 
good  condition,  so  that  the  same  may  be  used  and  easily  crossed  in 
all  directions  and  at  all  times,  without  damage  to  person  or  property. 

1 4.  Time  of  completion.]  § 4.  The  permission  and  author- 
ity hereby  granted  are  upon  the  further  express  condition  that  said 
railway  company  shall  complete  said  road  within  the  period  of  one 
year  from  the  date  of  the  passage  hereof. 

Provided,  also,  that  if  said  railway  company  shall  be  delayed  from 
completing  said  railway  within  the  time  above  specified,  by  any  in- 
junction or  other  legal  proceeding,  then  the  period  of  any  such  delay 
shall  be  excluded  in  the  computation  of  time  within  which  said  road 
is  hereby  required  to  be  built  ; and  upon  the  further  express  condition 
that  said  railway  company  and  its  grantees,  lessees  and  assigns  shall 
and  will  forever  indemnify  and  save  harmless  the  town  of  Cicero 
against  and  from  any  and  all  damages,  judgments,  decrees  and  costs 
which  it  may  suffer  or  which  may  be  obtained  against  said  town,  for 
or  by  reason  of  the  granting  of  the  privileges  and  authority  contained 
in  this  ordinance. 

1"  5.  Ditches  and  culverts.]  § 5.  The  privileges  and  author- 
ity hereby  conferred  are  granted  upon  the  further  express  conditions 
that  the  said  railway  company  shall  at  all  times  keep  the  ditches  or 
drains  on  the  sides  of  its  railway  track  open  and  operative  and  free 
from  weeds  and  other  obstructions,  and  to  that  end  said  railway  com- 
pany shall,  at  its  own  cost  and  expense,  build  and  maintain  such  cul- 
verts of  the  nature  and  kind,  at  such  places  along  the  route,  including 
culverts  under  the  tracks  of  said  company,  as  the  board  of  trustees  of 
said  town  may  by  ordinance  direct. 

1 6.  Powers  reserved  in  council.]  § 6.  The  privileges  and 
authority  hereby  conferred  are  so  granted  upon  the  express  condition 
that  the  tracks,  switches,  “Ys,”  side  tracks  and  turn  tables  shall  always 
be  laid  and  maintained,  so  far  as  they  are  upon  the  public  highways, 
subject  to  the  direction  of  the  board  of  trustees  of  the  town  of  Cicero, 
and  that  the  poles  for  the  telegraph  line  hereby  authorized  to  be 
erected,  shall  be  placed  in  such  portion  of  the  highway  as  shall  be 
directed  by  the  board  of  trustees  of  said  town. 

1 7.  When  in  force.]  § 7.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 325.  Chicago  & Western  Indiana  Railroad  company. 

«7  i-  Viaduct  at  Ogden  avenue — construction. 

2.  Subject  to  ordinances. 

3.  Indemnity  clause. 

4.  Conditions. 

^fm5.  Whenjn  force. 


§ 325]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY.  629 

An  ordinance  granting  to  the  Chicago  & Western  Indiana  Railroad  company  the 
right  to  build  a viaduct  over  Twenty-sixth  street  and  Ogden  avenue  at  a 
point  where  the  tracks  of  said  company  cross  the  said  street  and  avenue  in 
the  town  of  Cicero.  (Passed  September  30,  1882.) 

1 1.  Viaduct  at  Ogden  avenue— construction.]  Be  it  or- 

dained by  the  board  of  trustees  of  the  town  of  Cicero,  in  meeting  as- 
sembled: § 1.  Permission  and  authority  are  hereby  given  and 

granted  by  the  town  of  Cicero  to  the  Chicago  and  Western  Indiana 
Railroad  Company  to  erect,  construct  and  maintain  a viaduct,  to  be 
built  of  stone  and  iron,  over  Ogden  avenue,  at  a point  where  the 
tracks  of  said  company  cross  said  avenue,  said  viaduct  to  have  a span 
of  not  less  than  eighty  feet,  or  the  width  of  said  avenue  in  the  clear, 
and  to  be  not  less  than  seventeen  (17)  feet  in  the  clear  above  the  grade 
of  said  street  as  it  at  present  exists.  Like  permission  and  authority 
are  also  given  and  granted  said  company  to  erect,  construct  and 
maintain  a viaduct  of  the  same  width  of  span  over  Twenty-sixth  (26th) 
street,  at  a point  where  the  tracks  of  said  company  cross  said  street, 
which  viaduct  shall  be  not  less  than  seventeen  (17)  feet  above  the  grade 
of  said  street  in  the  clear. 

The  abutments  of  said  viaducts  shall  be  built  of  stone,  and  the 
superstructure  thereof  of  iron,  and  shall  be  built  in  a good,  safe  and 
substantial  manner. 

In  constructing  said  viaducts  the  said  company  shall  not  occupy 
any  portion  of  said  street  and  avenue  for  the  abutments  thereof. 

1 2.  Subject  to  ordinances.]  § 2.  The  permission  and  au- 
thority hereby  granted  are  given  and  granted  upon  the  express  con- 
dition that  the  said  railroad  company  and  its  grantees,  lessees  and 
successors  will  keep  and  perform  all  obligations  and  duties  that  are 
now  or  hereafter  may  be  imposed  by  any  general  or  special  ordinance 
of  the  town  of  Cicero,  pertaining  to  the  management,  regulation  and 
control  of  railway  and  telegraph  companies,  and  also  in  respect  to 
ditches,  drains  and  sewers,  and  the  suitable  and  proper  maintenance 
of  the  street  and  railway  crossings  of  the  track  of  said  railroad  com- 
pany, and  all  the  police  ordinances  and  health  regulations  of  said  town. 

1"  3.  Indemnity  clause.]  § 3.  The  permission  and  authority 
hereby  given  and  granted  are  given  and  granted  upon  the  express  con- 
dition and  understanding  that  the  said  railroad  company,  its  grantees, 
lessees  and  successors,  shall  and  will  forever  indemnify  and  save  harm- 
less the  said  town  of  Cicero  and  its  successors  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  which 
it  may  suffer  or  which  may  be  obtained  against  it  for  or  by  reason 
of  the  granting  of  the  privileges  and  authority  contained  in  this  ordi- 
nance. 

T 4.  Conditions.]  § 4.  The  permission  and  authority  hereby 
granted  is  upon  the  further  express  condition  that  it  is  subject  to  all 
the  conditions  and  liabilities,  so  far  as  applicable,  and  as  more  fully 
and  at  large  set  forth  in  the  ordinance  heretofore  granted  by  said  town 


630 


RAILROADS. 


[§  325^ 


of  Cicero,  to  the  Chicago  and  Western  Indiana  Belt  Railway  Com- 
pany, which  company,  it  is  claimed,  has  'been  consolidated  with  the 
said  Chicago  and  Western  Indiana  Railroad  Company,  and  this  ordi- 
nance shall  be  taken  and  read  as  an  addenda  to  said  ordinance. 

T 5.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 325a.  Chicago  & Western  Indiana  Railroad  company. 

U 1.  Route. 

Tf  2.  Conditions. 

3.  Viaducts — flagmen — maintenance  of  ditches  and  crossings. 

4.  Indemnity. 

5.  Acceptance. 

An  ordinance  granting  permission  to  the  Chicago  & Western  Indiana  Railroad 

company  to  lay  down  and  operate  certain  tracks  in  the  village  of  Jefferson. 

(Passed  and  approved  November  io,  1883.  Accepted  November  20,  1883.) 

T 1.  Route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Jefferson.  § i.  That  permission  and  au- 
thority be,  and  the  same  are  hereby  granted,  to  the  Chicago  and  West- 
ern Indiana  Railroad  Company  to  lay  down,  maintain  and  operate  with 
steam  power  one  or  more  railroad  tracks  on  and  over  the  route  de- 
scribed as  follows,  viz.:  From  a point  in  the  south  line  of  section  34, 
township  40,  range  13,  east  of  the  third  principal  meridian,  in  Cook 
county,  Illinois,  which  said  point  is  west  of  the  right  of  way  of  the 
Chicago  and  Northwestern  Railway  as  now  constructed  from  Austin 
to  Montrose,  in  said  county,  and  thence  running  northwardly  to 
Grand  avenue.  Thence  across  said  Grand  avenue  and  continuing 
northwesterly  to  and  along  the  right  of  way  of  the  Chicago  and  Pa- 
cific Railroad  Company,  so  as  to  make  its  connections  with  the  tracks 
on  the  said  right  of  way,  with  the  right  and  authority  to  cross  with  said 
tracks  for  the  purposes  aforesaid  any  street,  avenue,  public  road  or 
alley  on  the  line  of  said  route  and  in  connection  therewith  to  erect 
and  maintain  a telegraph  line  along  the  route  above  described;  Provid- 
ed, that  nothing  herein  contained  shall  be  construed  to  authorize  the 
said  Chicago  and  Western  Indiana  Railroad  Company  to  run  along  or 
upon  any  public  street,  road,  avenue,  highway  or  alley  in  the  said  vil- 
lage of  Jefferson,  except  so  far  only  as  may  be  necessary  to  cross  the 
same  as  aforesaid,  and  the  right  to  cross  any  street,  road,  avenue,  high- 
way or  alley  as  aforesaid,  is  hereby  granted  only  so  far  as  the  same 
are  dedicated  for  public  purposes,  and  to  the  extent  that  the  said  board 
of  trustees  may  lawfully  grant  the  same. 

If  2.  Conditions.]  § 2.  The  permission  and  authority  hereby 
granted  are  upon  the  express  condition  that  the  said  Chicago  and 
Western  Indiana  Railroad  Company  will  faithfully  keep  and  perform 
all  obligations  and  duties  which  are  now  or  may  hereafter  be  imposed 
by  any  general  ordinances  of  the  said  village,  pertaining  to  the  man- 
agement, regulation  or  control  of  railroad  and  telegraph  companies, 


§ 32 5a]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


631 


and  also  in  respect  to  ditches,  drains,  sewers,  culverts  and  the  proper 
construction  and  maintenance  of  the  street  and  railroad  crossings. 

T 3.  Viaducts— flagmen — maintenance  of  ditches  and  cross- 
ings.] § 3.  The  permission  and  authority  aforesaid  are  hereby 
granted  upon  the  further  express  condition,  that  the  said  Chicago 
and  Western  Indiana  Railroad  Company  shall  at  its  own  cost  and  ex- 
pense, erect  viaducts  over  any  of  its  tracks  upon  any  street  or  streets 
of  said  village  which  may  be  crossed  by  its  tracks  whenever  the  public 
necessities  shall  require;  Provided,  however,  that  when  any  such  via- 
ducts and  approaches  cannot  be  built  without  extending  the  same 
over  the  track  or  tracks  of  some  other  railroad  company  or  companies, 
then  and  in  that  case  the  said  Chicago  and  Western  Indiana  Railroad 
Company  shall  only  be  obliged  to  join  with  such  other  company  or 
companies  in  the  construction  of  such  viaduct  or  viaducts  and  in  pay- 
ing the  damages  and  expenses  therewith  connected,  and  shall  only  be 
liable  to  contribute  its  fair  and  reasonable  proportion  of  the  same. 

And  further  provided,  That  the  said  Chicago  and  Western  Indiana 
Railroad  Company  shall,  at  its  own  cost  and  expense,  keep  a flagman 
at  all  grade  crossings,  along  the  line  of  its  road,  in  the  said  village,  as 
shall  be  required  by  the  board  of  trustees,  and  whenever  the  public 
necessities  require  shall  in  place  of  said  flagman  erect  and  operate  suit- 
able crossing  gates  at  all  points  where  said  railroad  company’s  tracks 
cross  any  street  or  highway  at  grade.  And  shall  also  keep  and  main- 
tain all  street,  highway  and  road  crossings  along  its  route  in  good  con- 
dition §0  that  the  same  may  be  used  at  all  times  without  danger  to 
persons  and  property;  and  also  all  the  ditches  and  drains  on  the  sides 
of  its  said  tracks,  open  and  operative,  free  from  weeds  and  other  ob- 
structions, and  erect  and  maintain  at  its  own  cost  and  expense,  culverts 
at  such  places  along  the  line  of  said  road  in  said  village,  as  the  said 
board  of  trustees  shall  direct,  and  no  trains,  cars  or  other  rolling  stock 
shall  be  allowed  to  stand  on  or  across  any  street,  avenue,  road  or  high- 
way in  said  village,  for  more  than  ten  minutes  at  a time. 

1"  4.  Indemnity.]  § 4.  The  permission  and  authority  aforesaid 
are  upon  the  further  express  condition,  that  the  said  Chicago  and 
Western  Indiana  Railroad  Company  shall  indemnify  and  forever  save 
harmless  the  said  village  of  Jefferson  and  its  successors  of  and  from 
all  loss  and  damage  arising  from  or  in  any  manner  growing  out  of  the 
grant  aforesaid  or  the  construction  or  operation  of  its  said  railroad, 
the  viaducts  and  approaches  to  the  same  as  aforesaid. 

IF  5.  Acceptance.]  § 5.  The  said  Chicago  and  Western  Indi- 
ana Railroad  Company  shall,  within  five  days  after  the  passage  of  this 
ordinance,  file  with  the  clerk  of  the  said  village  of  Jefferson  its  writ- 
ten acceptance  of  the  terms,  provisions,  privileges  and  conditions  by 
this  ordinance  granted  and  imposed  and  to  apply  to  all  tracks  already 
constructed  as  well  as  all  tracks  hereafter  to  be  constructed,  and  this 


632  RAILROADS.  [§  325b 

ordinance  shall  take  effect  and  be  in  force  from  and  after  such  written 
acceptance  being  filed  as  aforesaid. 

§ 325b.  Chicago  & Western  Indiana  Railroad  company. 

U 1.  Preamble. 

Hi"  2.  Foregoing  ordinance — amendment. 

If  3.  Viaduct — specifications. 

Ht  4.  Subject  to  ordinances. 

*[\  5.  Indemnity  clause. 

"tt  6.  Addenda  to  ordinance  of  C.  & W.  I.  R.  R.  Co. 

•^[  7.  Removal  of  certain  tracks.  1 

Ht  8.  Maintain  viaduct. 

9.  Ditches  and  culverts. 

Hfio.  When  in  force — acceptance. 

An  ordinance  amending  an  ordinance  entitled,  “An  ordinance  granting  to  the 
Chicago  & Western  Indiana  Railroad  company  the  right  to  build  a viaduct 
on  West  Forty-sixth  street,  and  over  Kinzie  and  other  streets,  in  the  town  of 
Cicero,”  passed  August  25,  A.  D.  1883.  (Passed  September  26,  1885.) 

1.  Preamble.]  Whereas,  the  best  interests  of  the  Chicago  and 
Western  Indiana  Railroad  Company  require  that  the  viaduct  provided 
to  be  built  by  the  ordinance  passed  August  25th,  1883,  should  be  ex- 
tended to  the  south  so  as  to  make  an  overhead  crossing  of  all  of  the 
streets  south  of  the  tracks  of  the  Chicago  and  Northwestern  Railway 
Company,  to  and  including  Madison  street,  and  that  to  authorize  the 
building  thereof,  said  ordinance  should  be  amended: 

1 2.  Foregoing  ordinance  amended.]  Now,  therefore,  be  it 
ordained  by  the  board  of  trustees  of  the  town  of  Cicero  in  meeting  as- 
sembled: 

That  the  recitations  and  the  several  sections  of  the  ordinance 
passed  August  25th,  1883,  entitled,  “An  ordinance  granting  to  the 
Chicago  and  Western  Indiana  Railroad  Company  the  right  to  build 
a viaduct  on  West  Forty-sixth  street  and  over  Kinzie  and  other 
streets,  in  the  town  of  Cicero,  be  amended  so  as  to  read  as  follows, 
to-wit : 

Whereas,  heretofore  the  board  of  trustees  of  the  town  of  Cicero, 
by  ordinance  granted  to  the  Chicago  and  Western  Indiana  Railway 
Company,  its  grantees,  lessees,  successors  and  assigns,  among  other 
things,  the  right  to  construct  two  or  more  tracks  across  the  streets, 
alley  and  avenues  intervening  on  the  route  as  therein  set  forth,  with 
the  right  also  to  occupy  a portion  of  West  Forty-sixth  street,  on  the 
line  of  that  route. 

And  whereas,  said  Chicago  and  Western  Indiana  Belt  Railway 
Company  has  been  consolidated  with,  and  merged  into,  the  Chicago 
and  Western  Indiana  Railroad  Company,  and  the  latter  company  has 
thereby  acquired  all  the  rights  of  said  Chicago  and  Western  Indiana 
Belt  Railway  Company  under  said  ordinance. 

And  whereas,  the  Chicago  and  Northwestern  Railway  Company 
has  insisted  that  in  crossing  its  tracks  on  the  line  of  said  route,  the  said 
Chicago  and  Western  Indiana  Railroad  Company  shall  pass  over  its 


325b]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


633 


tracks  by  an  overhead  crossing,  thereby  making  it  necessary  to  elevate 
the  tracks  of  the  Chicago  and  Western  Indiana  Railroad  Company,  so 
as  to  pass  over  the  tracks  of  the  said  Chicago  and  Northwestern  Rail- 
way Company,  which  are  situated  north  of  and  adjacent  to  Kinzie 
street  at  tfie  intersection  thereof  with  West  Forty-sixth  street  at  the 
height  of  nineteen  (19)  feet  in  the  clear  over  and  above  the  top  of  the 
rails  of  the  track  of  the  said  Chicago  and  Northwestern  Railway  Com- 
pany aforesaid,  and  in  order  to  do  this  it  is  necessary  that  the  Chi- 
cago and  Western  Indiana  Railroad  Company  should  build  viaducts 
over  and  across  certain  streets,  as  well  as  across  said  tracks  of  said 
Chicago  and  Northwestern  Railway  Company,  having  an  elevation  in 
the  clear  across  said  Kinzie  street  of  at  least  nineteen  (19)  feet;  also  an 
approach  on  either  end  of  said  viaduct  across  the  tracks  of  said  Chi- 
cago and  Northwestern  Railway  Company,  to-wit:  to  the  south  from 
the  north  line  of  Kinzie  street,  and  to  the  north  from  the  north  line  of 
the  right  of  way  of  the  Chicago  and  Northwestern  Railway  Company 
aforesaid. 

1"  3.  Viaduct — specifications.]  Therefore,  be  it  ordained  by 

the  board  of  trustees  of  the  town  of  Cicero,  in  meeting  assembled: 

§ 1.  Permission  and  authority  are  hereby  given  and  granted  by 
said  town  of  Cicero  to  the  Chicago  and  Western  Indiana  Railroad 
Company  to  erect,  construct  and  maintain  a viaduct,  as  follows: 

Commencing  on  the  north  side  of  the  tracks  of  the  Chicago  and 
Northwestern  Railway  Company,  opposite  the  point  of  intersection  of 
West  Forty-sixth  street,  and  running  thence  north  to  the  present  grade 
of  the  Chicago  and  Western  Indiana  Railroad  Company,  and  also  on 
the  south  side  of  the  tracks  of  the  Chicago  and  Northwestern  Railway 
Company  over  and  across  Kinzie  street,  using  such  portions  of  West 
Forty-sixth  street  as  may  be  necessary  therefor,  with  such  stone  piers 
on  Kinzie  street  as  may  be  necessary,  such  viaduct  to  have  a span 
across  Kinzie  street  of  not  less  than  twenty-four  feet,  and  shall  rest  on 
good  and  sufficient  stone  piers,  and  to  be  at  least  nineteen  (19)  feet  in 
the  clear  above  the  top  of  the  rails  of  the  Chicago  and  Northwestern 
Railway  Company  and  above  Kinzie  street,  as  aforesaid,  and  sloping 
from  the  north  line  of  the  right  of  way  of  the  Chicago  and  North- 
western Railway  Company  to  the  north  on  a grade  of  about  one  (1) 
foot  in  each  one  hundred  (100)  feet  until  it  shall  reach  the  grade  of  the 
Chicago  and  Western  Indiana  Railroad  Company,  and  extending  from 
the  north  line  of  Kinzie  street  southwardly  until  it  shall  reach  the 
grade  of  the  Chicago  and  Western  Indiana  Railroad  Company  south 
of  Madison  street. 

That  such  viaduct  shall  be  so  constructed  that  the  bents  therefor, 
except  at  the  street  crossings  herein  named,  shall  not  be  less  than  fif- 
teen (15)  feet  apart,  center  to  center,  and  shall  cross  Lake  street  with 
a length  of  span  of  sixty  (60)  feet;  said  span  shall  rest  on  good  and  suf- 
ficient stone  piers  and  at  a height  of  at  least  sixteen  (16)  feet;  shall 


634 


RAILROADS. 


[§  325^ 


cross  Fulton  street  with  a length  of  span  of  not  less  than  twenty-four 
(24)  feet  and  at  a height  of  at  least  sixteen  (16)  feet;  shall  cross  Park 
avenue  with  a length  of  span  of  seventy  (70)  feet,  and  at  a height  of  at 
least  sixteen  (16)  feet;  shall  cross  Randolph  street  with  a length  of 
span  of  seventy  (70)  feet,  and  a height  of  at  least  sixteen  (16)  feet;  shall 
cross  Washington  street  with  a length  of  span  of  seventy  (70)  feet,  and 
a height  of  not  less  than  fifteen  (15)  feet;  shall  cross  Madison  street 
with  a length  of  span  of  eighty  (80)  feet,  and  a height  not  less  than 
fourteen  (14)  and  one-half  Qtff  feet;  and  from  the  south  side  of  Madi- 
son street  shall  slope  with  a grade  of  about  one  (1)  foot  in  each  one 
hundred  (100)  feet  to  the  grade  of  the  Chicago  and  Western  Indiana 
Railroad  Company 

The  elevation  of  the  viaduct  over  said  streets  shall  be  based  upon 
the  present  grade  of  said  streets,  it  being  understood  that  such  via- 
duct or  viaducts  as  herein  provided  for,  shall  not  be  disturbed  after 
once  established  to  suit  any  possible  shifting  of  the  grades  of  any  such 
streets. 

The  viaduct,  except  over  the  streets  running  at  right  angles  there- 
with and  already  specified  may  be  built  of  wooden  trestle  work;  but 
when  the  same  shall  become  decayed  and  unsafe,  it  shall  be  replaced 
with  iron  supports  resting  on  good  and  sufficient  stone  foundations,  as 
and  when  the  same  may  be  ordered  by  the  said  board  of  trustees  of  said 
town;  that  the  superstructure  of  that  portion  on  said  viaduct  over  Kin- 
zie  and  Lake  streets,  Park  avenue  and  Randolph,  Washington  and 
Madison  streets,  shall,  in  the  first  instance,  be  built  of  iron  work  and 
be  supported  by  good  and  sufficient  stone  piers ; the  space  between  the 
tracks  of  said  Chicago  and  Western  Indiana  Railroad  and  the  surface 
of  the  ground  shall  at  all  times  remain  open  and  unobstructed  except 
by  the  piers  and  bents  of  said  viaduct;  no  portion  shall  be  filled  in,  ex- 
cept from  the  grade  to  a point  where  said  viaduct  will  not  be  more 
than  eight  (8)  feet  above  the  grade  of  the  level.  This  filling  applies 
only  to  the  south  end  of  the  viaduct. 

% 4.  Subject  to  ordinances.]  § 2.  The  permission  and  au- 
thority hereby  granted,  are  given  and  granted  upon  the  express  condi- 
tion that  the  said  railroad  company,  and  its  grantees,  lessees  and  suc- 
cessors, will  keep  and  perform  all  obligations  and  duties  that  are  now 
or  hereafter  may  be  imposed  by  any  general  or  special  ordinance  of  the 
town  of  Cicero,  pertaining  to  the  management,  regulations  and  con- 
trol of  railway  and  telegraph  companies,  and  also  in  respect  to  ditches, 
drains  and  sewers,  and  the  suitable  and  proper  maintenance  of  the' 
street  and  railway  crossings  of  the  track  of  said  railroad  company  and 
all  police  ordinances  and  health  regulations  of  said  town. 

If  5.  Indemnity  clause.]  § 3.  The  permission  and  authority 
hereby  given  and  granted  are  given  and  granted  upon  the  express  con- 
dition and  understanding  that  the  said  railroad  company,  its  grantees, 
lessees  and  successors,  shall  and  will  forever  indemnify  and  save  harm- 


§ 325b]  CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


635 


less  the  said  town  of  Cicero,  and  its  successors,  against  and  from  all 
and  any  damages  and  expense  which  it  may  suffer  or  be  put  to,  and 
all  judgments,  decrees  and  costs,  which  may  be  rendered  or  obtained 
against  it  for  or  by  reason  of  the  granting,  using  or  exercising  of  the 
privileges  and  authority  contained  in  this  ordinance. 

If  6.  Addenda  to  ordinance  of  C.  & W.  I.  B.  R.  R. 
Co.]  § 4.  The  permission  and  authority  hereby  granted,  are  upon 
the  further  express  condition  that  they  are  subject  to  all  the  conditions 
and  liabilities,  so  far  as  applicable,  and  as  more  fully  and  at  large  set 
forth  in  the  ordinance  heretofore  granted  by  the  town  of  Cicero  to  the 
Chicago  and  Western  Indiana  Belt  Railway  Company,  which  company 
it  is  claimed  has  been  consolidated  with  the  Chicago  and  Western  Indi- 
ana Railroad  Company,  and  to  the  said  Chicago  and  Western  Indiana 
Railroad  Company,  and  this  ordinance  shall  be  taken  and  read  as  an 
addenda  to  said  ordinance  and  as  a part  thereof. 

If  7.  Removal  of  certain  tracks.]  § 5.  The  permission  and 
authority  hereby  granted  are  given  and  granted  upon  the  further  con- 
dition, that  when  the  said  viaduct  over  said  streets  is  completed  and 
ready  for  the  operations  of  trains  thereover,  the  tracks  now  laid  on  said 
West  Forty-sixth  street  at  grade,  north  of  the  south  line  of  Madison 
street  and  south  of  the  north  line  of  Kinzie  street,  shall  be  removed  by 
the  said  railroad  company,  and  that  thereafter  no  tracks  shall  be  laid 
on  the  surface  or  grade,  between  the  streets  last  aforesaid,  without  fur- 
ther consent  from  the  board  of  trustees  of  the  town  of  Cicero;  and  in 
case  of  the  failure  of  said  company  to  remove  said  grade  tracks  as 
aforesaid,  the  town  of  Cicero  hereby  reserves  the  right,  and  the  said 
railroad  company  assents  to  the  same,  to  enter  upon  and  remove  said 
tracks  at  the  cost  of  the  said  company. 

If  8.  Maintain  viaduct.]  § 6.  The  permission  and  authority 
hereby  given  and  granted,  are  given  and  granted  upon  the  express  con- 
dition and  understanding  that  the  said  Chicago  and  Western  Indiana 
Railroad  Company,  its  grantees,  lessees  and  successors, 'shall  at  all 
times  keep  the  said  viaduct  and  its  approaches  in  good  repair  and  con- 
dition. 

And  the  acceptance  of  the  privileges  granted  by  this  ordinance 
shall  be  taken  as  an  acceptance  of  all  its  conditions  and  penalties  here- 
in imposed. 

T 9.  Ditches  and  culverts.]  § 7.  It  is  further  provided  that 
said  railroad  company  shall  construct  a ditch  along  its  track  through 
the  town  of  Cicero,  said  ditch  to  be  on  the  west  side  of  the  right  of  way 
south  to  26th  street  and  then  pass  under  their  tracks  through  a culvert 
east,  and  from  thence  to  Mud  lake  on  the  east  side  of  said  right  of  way, 
with  a reasonably  sufficient  depth  and  width  for  surface  drainage  along 
the  whole  line  and  thereafter  maintain  the  same,  whenever  the  town 
shall  cause  proper  culverts  to  be  constructed  to  connect  said  ditch  un- 


636 


RAILROADS. 


[§  325C 


der  the  rights  of  way  of  the  Chicago  and  Northwestern  Railway  Com- 
pany and  the  Chicago,  Burlington  and  Quincy  Railway  Company. 

% 10.  When  in  force — acceptance.]  § 8.  This  ordinance 

shall  take  effect  and  be  in  force  from  and  after  a written  acceptance 
thereof  shall  be  filed  by  said  Chicago  and  Western  Indiana  Railroad 
Company  with  the  town  clerk  of  Cicero. 

Note. — See  following  ordinance. 

§ 325c.  Chicago  & Western  Indiana  Railroad  company. 

1.  Preamble. 

IF  2.  Foregoing  ordinance  construed. 

3.  When  in  force. 

An  ordinance  concerning  the  Chicago  & Western  Indiana  Railroad  company. 

(Passed  November  14,  1885.) 

T 1.  Preamble.]  Whereas,  heretofore,  on  the  26th  day  of  Sep- 
tember, A.  D.  1885  the  board  of  trustees  of  the  town  of  Cicero  passed 
an  ordinance  authorizing  the  Chicago  and  Western  Indiana  Railway 
Company  to  build  a viaduct  in  West  Forty-sixth  street  across  certain 
streets  therein  named,  and  providing,  among  other  things,  that  the 
spans  of  said  viaduct  across  said  streets  should  rest  on  good  and  suffi- 
ciet  stone  piers;  and, 

Whereas,  the  said  Chicago  and  Western  Indiana  Railroad  Com- 
pany, in  place  of  the  said  stone  piers,  now  desires  to  put  in  iron  piers 
to  support  the  spans  of  said  viaduct  over  several  of  said  streets;  now, 
therefore,  be  it  ordained  by  the  board  of  trustees  of  the  town  of  Cicero, 
in  meeting  assembled: 

If  2.  Foregoing  ordinance  construed.]  § 1.  That  said  Chi- 
cago and  Western  Indiana  Railroad  Company  be,  and  the  same  is 
hereby  authorized  in  the  construction  of  the  said  viaduct,  in  the  place 
of  the  stone  piers  provided  for  in  the  ordinance  in  the  recitations  here- 
of referred  to,  for  the  support  of  the  spans  of  said  viaduct  across  Park 
avenue,  Randolph,  Washington  and  Madison  streets,  to  make  and  use 
good  and  sufficient  iron  piers  or  supports,  said  iron  piers  to  be  kept 
well  painted,  and  that  the  use  of  the  same  shall  be  considered  a full  and 
complete  compliance  with  the  requirements  of  the  above  mentioned 
ordinance. 

Tf  3.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


§ 326] 


CHICAGO  & WEST  RIDGE  RAILROAD  COMPANY. 


637 


CHICAGO  & WEST  RIDGE  RAILROAD  COMPANY. 

§ 326.  Chicago  & West  Ridge  Railroad  company. 

IT  1.  Route. 

2.  Time  to  complete — failure — rights  determined. 

TT  3.  Subject  to  ordinances. 

IT  4.  Public  crossings — opening  of  streets. 

If  5-  Land  damages — indemnity. 

6.  Bond. 

Tf  7.  When  in  force — acceptance. 

An  ordinance  granting  rights  to  the  Chicago  & West  Ridge  Railroad  company- 

in  the  village  of  West  Ridge.  (Passed  March  29,  1893.  Accepted  April  5, 

1893-) 

1 1.  Route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  West  Ridge:  § 1.  That  permission  and  au- 
thority be  and  are  hereby  granted  to  the  Chicago  & West  Ridge  Rail- 
road Company  to  lay  down,  maintain  and  operate,  for  general  railroad 
purposes,  one  or  more  railway  tracks,  with  all  necessary  side  tracks, 
turnouts  and  switches,  from  the  north  boundary  of  the  village  of  West 
Ridge  to  the  southern  boundary  thereof,  over,  upon  and  across,  in  a 
straight  line  as  nearly  as  practicable,  such  land  or  right  of  way  between 
such  boundaries  as  said  railroad  company  may  acquire  by  condemna- 
tion, purchase  or  otherwise;  said  tracks  to  be  constructed  within  the 
territory  embraced  between  two  lines  drawn  parallel  to  the  western 
boundary  of  said  village,  the  first  thirty-three  feet  east  of  said  western 
boundary  line,  and  the  second  two  hundred  feet  east  of  said  boundary 
line,  and  over,  upon  and  across  Tuohy  avenue  and  Church  road  within 
the  territory  aforesaid. 

1 2.  Time  to  complete— failure— rights  determined.]  § 2. 

The  tracks  hereby  authorized  to  be  laid  shall  be  laid  on  or  before  one 
year  from  date  of  passage,  and  if  said  company  shall  fail  to  complete  said 
tracks  within  such  time,  the  rights  and  privileges  hereby  granted  shall 
cease  and  determine;  Provided^  that  if  said  company  shall  be  restrained 
or  prevented  from  proceeding  with  the  work  upon  said  railway  tracks 
by  the  order  or  writ  of  any  court  of  competent  jurisdiction,  the  time  dur- 
ing which  said  company  shall  be  delayed  shall  be  added  to  the  time 
herein  prescribed  for  the  completion  of  said  railway  tracks. 

1 3.  Subject  to  ordinances.]  § 3.  The  franchise  hereby  grant- 
ed is  granted  subject  to  all  general  ordinances  of  the  Village  of  West 
Ridge  applicable  thereto,  now  in  force,  or  which  may  hereafter  be 
passed  by  said  village. 

T 4.  Public  crossings— opening  of  streets.]  § 4.  The  fran- 
chise and  privileges  hereby  granted  are  granted  upon  the  further  ex- 
press condition,  that  said  railroad  company  shall,  within  sixty  days  after 
receiving  written  notice  therefor,  open,  construct  and  maintain  public 
crossings  over  its  tracks  and  right  of  way  to  connect  with  and  be  of  the 
same  width  as  any  street  or  streets  which  shall  have  been  laid  out  east 
of  such  crossings,  by  condemnation,  dedication  or  otherwise,  and  for 


638 


RAILROADS. 


[§  327 


so  doing  said  railroad  company  shall  not  be  entitled  to  receive  any  sum 
of  money  whatsoever  as  damages  or  compensation  from  said  village  for 
opening  such  street  or  streets  across  its  tracks  or  right  of  way.  In  case 
said  railroad  company  shall  construct  any  track  or  tracks  within  the 
territory  aforesaid  above  the  surface  of  any  street  or  streets  crossing  the 
same,  said  company  shall  construct  and  maintain  at  such  street  cross- 
ings all  necessary  approaches  to  and  from,  such  streets. 

If  5.  Land  damages — indemnity.]  § 5.  Said  railroad  company 
shall  pay  all  damages  to  the  owners  of  property  abutting  upon  the  land 
used  under  this  ordinance  by  said  railroad  company  for  railroad  pur- 
poses which  said  owners  may  sustain  by  reason  of  the  location,  con- 
struction and  operation  of  said  railroad,  and  shall  save  and  keep  harm- 
less the  village  of  West  Ridge  from  any  and  all  damages  in  any  way 
arising  out  of  the  granting  by  said  village  of  the  privileges  contained 
in  this  ordinance. 

T 6.  Bond.]  § 6.  Said  railroad  company  shall  execute  to  the 
village  of  West  Ridge  a good  and  sufficient  bond  in  the  penal  sum  of 
ten  thousand  dollars,  to  be  approved  by  the  president  of  the  village, 
conditioned  for  the  faithful  observance  and  performance  of  the  pro- 
visions and  conditions  of  this  ordinance  on  its  part  to  be  observed  and 
performed  as  aforesaid,  and  conditioned  further  for  the  faithful  ob- 
servance (by  said  railroad  company  of  all  general  ordinances  of  said 
village  applicable  to  the  construction,  operation  or  maintenance  of 
railroads  therein. 

1 7.  When  in  force — acceptance.]  § 7.  This  ordinance  shall 
take  effect  and  be  in  force  whenever  said  company  shall  file  with  the 
village  clerk  of  said  village  its  formal  acceptance  of  the  same,  and 
its  bond  as  hereinabove  prescribed ; Provided,  however,  if  such  accept- 
ance and  bond  shall  not  be  filed  as  aforesaid  within  ninety  days  of  the 
passage  hereof,  this  ordinance  shall  be  null  and  void. 


DALTON  & SOUTH  CHICAGO  RAILROAD  COMPANY. 

§ 327.  Dalton  & South  Chicago  Railroad  company. 

1.  Route — land  damages — maintenance  of  crossings. 

*|[  2.  Bond. 

An  ordinance  granting  rights  to  the  Dalton  & South  Chicago  Railroad  company 
in  the  village  of  Hyde  Park.  (Passed  and  approved  August  24,  1878.) 

T 1.  Route — land  damages — maintenance  of  crossings.]  Be 

it  ordained  by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park:  § 1.  That  permission  be  and  is  hereby  granted  to  the  Dalton 
& South  Chicago  Railroad  Company  to  construct  and  operate  one  or 


§ 327]  DALTON  & SOUTH  CHICAGO  RAILROAD  COMPANY.  639 

more  railroad  tracks,  in  and  upon  that  certain  strip  of  land  not  exceed- 
ing one  hundred  feet  in  width,  which  said  company  may  acquire  in  said 
village,  commencing  on  the  line  of  said  railway  where  the  same  enters 
said  village  on  the  south  line  of  section  thirty-four  (34),  town  thirty- 
seven  (37)  north,  range  fourteen  (14),  east  of  the  third  principal  me- 
ridian, and  running  thence  north,  crossing  the  Calumet  river,  and 
curving  to  the  east  until  it  reaches  the  center  line  of  said  section  thirty- 
four  (34),  and  thence  east  through  said  section  thirty-four  (34) 
and  section  thirty-five  (35),  and  passing  thence  through  sections 
thirty-six  (36),  twenty-five  (25),  twenty-four  (24)  and  thirteen  (13) 
in  said  town  thirty-seven  (37),  range  fourteen  (14),  and  through  sec- 
tions eight  (8),  seventeen  (17),  eighteen  (18)  and  nineteen  (19)  in  town 
thirty-seven  (37)  north,  range  fifteen  (15)  east,  and  also  through  sec- 
tions five  (5),  six  (6)  and  seven  (7),  both  north  and  south  of  the  Indian 
boundary  line  in  town  thirty-seven  (37)  north,  range  fourteen  (14) 
east,  as  well  as  across  any  street  or  alley  in  their  line  of  road  within 
the  boundaries  aforesaid.  Provided,  said  company  shall  pay  any  and 
all  damages  arising  from,  or  in  any  way  growing  out  of  such  taking 
and  using  such  portions  of  such  streets  or  alleys,  or  any  of  them,  to 
any  and  all  persons  injured  or  damaged  by  the  same.  And  provided, 
said  railroad  company  shall  construct  and  maintain  good  and  conven- 
ient crossings  and  sidewalks,  and  upon  such  grade  or  grades  as  may 
be  from  time  to  time  required  by  the  board  of  trustees,  as  well  as  cat- 
tle guards,  culverts  and  warning  tables,  across  their  tracks  and  grounds 
at  the  intersection  of  all  streets  and  alleys  now  existing,  or  which  may 
hereafter  be  authorized  or  opened  by  said  board,  and  comply  with, 
and  be  subject  to  all  laws  and  ordinances  of  said  village  now  in  force, 
or  which  may  hereafter  be  adopted. 

1"  2.  Bond.]  § 2.  This  ordinance  shall  not  take  effect  until 
after  said  company  shall  have  entered  into  a bond  with  or  to  said  vil- 
lage of  Hyde  Park,  in  the  penal  sum  of  fifty  thousand  dollars,  con- 
ditioned for  the  payment  of  all  damages  for  which  the  said  village 
may  become  liable,  to  any  person  or  persons,  by  reason  of  the  said 
road  entering  or  running  through  a portion  of  said  village,  or  by  rea- 
son of  said  company  constructing,  laying  down,  using  or  occupying 
said  railroad  track  or  tracks  within  said  village,  and  conditioned  also 
for  the  payment  of  all  damages  which  may  arise  to  the  sai«*  village 
of  Hyde  Park,  and  to  any  person  or  persons  whomsoever,  by  reason 
of  said  company  constructing,  laying  down,  maintaining,  using  and 
occupying  said  railroad  track  or  tracks,  or  crossing  said  streets  or 
alleys  within  the  village  of  Hyde  Park. 


640 


RAILROADS. 


[§328 


GRAND  TRUNK  JUNCTION  RAILWAY  COMPANY. 

§ 328.  Grand  Trunk  Junction  Railway  company. 

TT  1.  Route — connection  with  other  railways. 

2.  Southern  boundary — conditions  of  grant. 

•fl"  3.  Provisions  binding  upon  lessees,  etc. — acceptance. 

•if  4.  Fulfillment  of  conditions. 

TT  5.  Failure  to  fulfill — forfeiture. 

6.  When  in  force. 

An  ordinance  granting  right  of  way  to  the  Grand  Trunk  Junction  Railway  com- 
pany in  the  town  of  Lake.  (Passed  May  6,  1881.  Accepted  May  6,  1881.) 

If  1.  Route— connection  with  other  railways.]  Be  it  ordained 
by  the  board  of  trustees  of  the  town  of  Lake:  § 1.  That  permission 
and  authority  be  and  the  same  is  hereby  granted  to  the  Grand  Trunk 
Junction  Railway  Company  to  lay  down,  maintain  and  operate  a rail- 
road with  main  tracks  as  hereinafter  provided,  and  such  switches,  sid- 
ings and  turn-outs  as  may  be  necessary  along  and  upon  the  following 
routes  in  the  town  of  Lake,  to  wit:  Commencing  at  the  north  and 

south  center  line  of  section  11,  township  38  north,  range  13,  east  of  the 
3rd  principal  meridian,  at  some  point  between  49th  street  on  the  north 
and  51st  street  on  the  south,  and  thence  easterly  over  such  lots,  lands 
and  property  as  the  said  company  now  owns,  or  hereafter  may  acquire 
by  lease,  purchase,  condemnation  or  otherwise,  between  49th  street 
on  the  north  and  51st  street  on  the  south,  to  a connection  with  ‘a  track 
or  tracks  of  the  Chicago  & Western  Indiana  Railroad,  which  are  now 
laid,  or  which  may  hereafter  be  laid,  on  Wallace  street,  in  said  town 
of  Lake,  and  for  that  purpose  to  cross  all  intervening  streets  with 
said  track  or  tracks,  with  the  right  to  cross  51st  street  at  or  near  the 
west  end  of  said  line  to  connect  with  the  Chicago  and  Grand  Trunk 
Railway. 

If  2.  Southern  boundary— conditions  of  grant.]  § 2.  The 

southern  boundary  of  the  right  of  way  of  said  railway  company,  or  its 
successors  and  assigns,  east  of  Ashland  avenue,  shall  be  at  least,  two 
hundred  feet  from  the  northern  boundary  of  51st  street,  and  said  rail- 
way company  shall  not  lay  any  track  south  of  said  line,  for  any  pur- 
pose whatever.  The  provisions  and  authority  hereby  granted  are  upon 
the  following  express  conditions: 

First.  That  the  said  railway  company,  and  its  grantees,  lessees 
and  assigns,  shall  and  will  forever  indemnify  and  save  harmless  the 
town  of  Lake  against  and  from  any  and  all  damages,  judgments,  de- 
crees, costs  and  expenses  of  the  same  which  it  may  suffer,  or  which 
may  be  recovered  or  obtained  against  said  town,  for  or  by  reason  of  the 
granting  of  such  privileges  and  authority,  or  for  or  by  reason  of,  or 
growing  out  of,  or  resulting  from,  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by  said  com- 
pany, its  grantees,  lessees  or  assigns,  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  grantees,  lessees  or  as- 
signs, under  or  by  virtue  of  the  provisions  of  this  ordinance. 


§ 328]  GRAND  TRUNK  JUNCTION  RAILWAY  COMPANY.  641 

Second.  That  the  said  company  shall  construct  and  forever  main- 
tain a viaduct  or  viaducts,  with  suitable  approaches,  over  any  of  its 
said  tracks  at  Halsted  street  and  Winter  street,  in  case  the  public  neces- 
sities shall  hereafter  at  any  time  require  the  construction  of  such  via- 
duct or  viaducts,  such  viaducts  to  be  constructed  according  to  a plan 
to  be  approved  by  the  board  of  trustees  of  said  town,  and  to  be  con- 
structed within  six  months  from  service  on  the  company  of  a written 
notice  from  the  said  board  that  the  same  is  required,  providing  that 
any  corporation  constructing  and  owning  a railroad  crossing  on  said 
Halsted  street  and  Winter  street  adjacent  to  the  tracks  of  said  railroad 
company,  shall  be  bound  by  ordinance  of  the  town,  to  contribute,  in 
construction  of  said  viaducts  and  approaches  thereto,  a sum  equal 
to  the  costs  of  constructing  the  same  over  the  tracks  of  such  corpora- 
tion. 

Third.  That  the  said  railroad  company  shall  construct  said  road 
so  as  to  have  its  cars  running  thereon  within  one  year  from  this  date, 
and  will  establish  and  forever  maintain  at  least  two  suburban  passen- 
ger trains  each  way  per  day,  to  run  over  the  said  line  from  its  depot 
in  Chicago  through  said  town,  at  convenient  hours,  which  shall  stop 
at  Ashland  avenue,  Center  avenue  and  Halsted  street. 

Fourth.  That  its  rate  of  fare  for  local  traffic,  from  its  depot  in 
the  city  of  Chicago  to  Halsted  street  in  said  town  of  Lake,  shall  not 
exceed  five  cents  per  passenger,  and  that  it  will  keep  for  sale  at  its 
depot  in  the  city  of  Chicago,  and  at  its  stations  in  said  town  of  Lake, 
commutation  tickets  for  ten  rides  or  more,  which  shall  be  good  on  all 
suburban  passenger  trains,  and  on  all  other  passenger  trains  to  and 
from  all  regular  places  for  stopping  such  trains,  between  its  depot  in 
the  city  of  Chicago  and  any  place  in  said  town  of  Lake. 

Fifth.  That  said  railway  company  and  any  other  railway  com- 
pany or  companies  that  shall  construct  or  operate  said  railroad  under 
this  ordinance,  or  under  lease  from,  or  contract  with,  said  railway  com- 
pany, shall  be  held  jointly  or  severally  bound  to  pay  all  legal  dam- 
ages that  may  accrue  to  the  owners  of  property  by  reason  of  the  opera- 
tion of  said  railroad  under  this  ordinance,  or  the  construction  of  any 
viaduct  or  viaducts  and  approaches  thereto  that  may  be  required  under 
this  ordinance. 

1 3.  Provisions  binding*  upon  lessees,  etc.— acceptance.]  § 3- 

The  provisions  of  this  ordinance  shall  extend  to,  and  be  binding  upon, 
all  the  grantees,  lessees  or  purchasers  deriving  title  through  or  under 
said  Grand  Trunk  Junction  Railway  Company,  and  this  ordinance 
shall  not  be  in  force  until  a written  acceptance  thereof  by  said  com- 
pany is  filed  with  the  town  clerk  of  the  town  of  Lake. 

IT  4.  Fulfillment  of  conditions.]  § 4.  The  privilege  and  au- 
thority hereby  granted  to  said  railway  company  are  granted  upon  the 
express  condition  that  said  company,  its  successors  and  assigns,  will 
promptly  fulfill  all  obligations  and  duties  that  are  now,  or  may  here- 
after be,  imposed  by  ordinances  of  this  board  upon  railway  companies 


41 


642 


RAILROADS. 


[§  § 329>  330 


generally  in  the  town  of  Lake,  in  respect  to  ditches,  drains,  culverts, 
and  the  suitable  and  proper  maintenance  of  street  and  highway  cross- 
ings of  the  track  of  said  company,  and  in  respect  to  all  police  and 
sanitary  regulations. 

T 5.  Failure  to  fulfill — forfeiture.]  § 5.  A failure  of  the  said 
railway  company,  its  successors  or  assigns,  to  comply  with  and  fulfill 
any  of  the  obligations  and  duties  imposed  on  it  by  this  ordinance, 
shall  be  cause  of  forfeiture  of  all  rights  and  privileges  hereby  granted. 

If  6.  When  in  force.]  § 6.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  acceptance. 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 

§ 329.  Illinois  Central  Railroad  company. 

U 1.  Application  for  amendment  to  charter, 
if  2.  Legislators  requested  to  assist. 

An  ordinance  to  aid  the  Illinois  Central  Railroad  compa.ny  to  obtain  an  amend- 
ment to  their  charter.  (Passed  June  7,  1852.) 

If  1.  Application  for  amendment  to  charter.]  Be  it  or- 
dained by  the  common  council  of  the  city  of  Chicago:  § 1.  That  the 
mayor  be  instructed  to  unite  with  the  Illinois  Central  Railroad  Com- 
pany in  an  application  to  the  legislature  of  the  state  of  Illinois,  for  such 
amendment  or  addition  to  the  act  incorporating  said  company  as  will 
confer  upon  it  power  to  construct  and  operate  such  branch  as  may  be 
stipulated  for  between  the  common  council  of  the  city  of  Chicago  and 
the  said  company. 

If  2.  Legislators  requested  to  assist.]  § 2.  That  the  sena- 
tors and  representatives  of  the  county  of  Cook  in  the  legislature  be  re- 
spectfully requested  to  aid  in  carrying  out  the  object  of  the  foregoing 
section. 

§ 330.  Illinois  Central  Railroad  company. 

IT  1.  Grant — route — depot. 

if  2.  Width  of  way  from  Twelfth  to  Randolph  streets, 

if  3.  Filling  in  the  lake — liability  for  damage  to  harbor, 

if  4.  Side  tracks — route. 

*[[  5.  Construction — motive  power  and  speed  subject  to  ordinances, 
if  6.  Enclosing  walls — gates,  speed,  etc. 

If  7.  Outer  wall  along  right  of  way. 
if  8.  Use  of  Lake  Park  prohibited, 
if  9.  View  of  lake  not  to  be  obstructed, 
if  10.  Culverts  at  Lake  Park, 
if  11.  Branch  to  Rock  Island  railroad, 
if  12.  Acceptance — contract. 

An  ordinance  concerning  the  Illinois  Central  railroad.  (Passed  June  14,  1852.) 


§ 33°] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


643 


If  1.  Grant  — route  — depot.]  Be  it  ordained  by  the  common 
council  of  the  city  of  Chicago:  § i.  That  permission  is  hereby 

granted  to  the  Illinois  Central  Railroad  Company  to  lay  down,  con- 
struct, and  maintain  within  the  limits  of  the  city  of  Chicago  and  along 
the  margin  of  the  lake  within  and  adjacent  to  the  same,  a railroad  with 
one  or  more  tracks,  and  to  operate  the  same  with  locomotive  engines 
and  cars,  under  such  rules  and  regulations  with  reference  to  speed  of 
trains,  the  receipt,  safe  keeping  and  delivery  of  freight,  and  arrange- 
ments for  the  accommodation  and  conveyance  of  passengers,  not  in- 
consistent with  the  public  safety,  as  said  company  may  from  time  to 
time  establish,  and  to  have  the  right  of  way  and  all  powers  incident  to 
and  necessary  therefor,  in  the  manner  and  upon  the  terms  and  condi- 
tions following,  to  wit : the  said  road  shall  enter  said  city  at  or  near  the 
intersection  of  its  south  boundary  with  Lake  Michigan,  and  following 
the  shore  on  or  near  the  margin  of  said  lake  northerly  to  the  southern 
bounds  of  the  open  space  known  as  Lake  Park,  in  front  of  canal  sec- 
tion fifteen,  and  continue  northerly  across  the  open  space  in  front’  of 
said  section  fifteen  to  such  grounds  as  the  said  company  may  acquire 
between  the  north  line  of  Randolph  street  and  the  Chicago  river,  in 
the  Fort  Dearborn  addition  to  said  city,  upon  which  said  grounds  shall 
be  located  the  depot  of  said  railroad  within  the  city,  and  such  other 
buildings,  slips  or  apparatus,  as  may  be  necessary  and  convenient  for 
the  business  of  said  company.  But  it  is  expressly  understood,  that  the 
city  of  Chicago  does  not  undertake  to  obtain  for  said  company  any 
rig'ht  of  way,  or  other  right,  privilege  or  easement,  not  now  in  the  pow- 
er of  said  city  to  grant  or  confer,  or  to  assume  any  liability  or  responsi- 
bility for  the  acts  of  said  company. 

1 2.  Width  of  way  from  Twelfth  to  Randolph  streets.] 
§ 2.  The  said  company  may  enter  upon  and  use  in  perpetuity  for  its 
said  line  of  road,  and  other  works  necessary  to  protect  the  same  from 
the  lake,  a width  of  three  hundred  feet  from  the  southern  boundary  of 
said  public  ground,  near  Twelfth  street,  to  the  northern  line  of  Ran- 
dolph street;  the  inner  or  west  line  of  the  ground  to  be  used  by  said 
company  to  be  not  less  than  four  hundred  feet  east  from  the  west  line 
of  Michigan  avenue  and  parallel  thereto. 

T 3.  Filling  in  the  lake — liability  for  damage  to  harbor.] 

§ 3.  The  said  company  may  extend  their  works  and  fill  out 
into  the  lake  to  a point  in  the  southern  pier  not  less  than  four  hundred 
feet  west  from  the  present  east  end  of  the  same,  thence  parallel  with 
Michigan  avenue  to  the  north  line  of  Randolph  street  extended;  but  it 
is  expressly  understood  that  the  common  council  does  not  grant  any 
right  or  privilege  beyond  the  limits  above  specified,  nor  beyond  the  line 
that  may  be  actually  occupied  by  the  works  of  said  company.  It  is 
further  expressly  understood  that  should  any  damage  or  obstruction 
occur  to  the  harbor  of  Chicago,  clearly  traceable  to  the  construction  of 
said  works  contemplated  by  sections  two  and  three  hereof,  then  the 
said  company  shall  be  held  responsible  for  the  same. 


644 


RAILROADS. 


[§  33° 


1 4.  Side  tracks — route.]  § 4.  Permission  and  right  of  way 

are  hereby  given  to  the  said  company  to  construct  and  maintain  a side 
track  from  its  main  track,  beginning  at  or  south  of  Twelfth  street,  pro- 
ceeding through  said  street,  or  such  line  as  may  be  prescribed  by  the 
common  council,  westerly  to  the  south  branch  of  the  Chicago  river; 
thence  crossing  the  said  south  branch  by  a bridge,  or  other 
mode  to  be  approved  by  the  common  council,  which  shall  not  obstruct 
navigation;  thence  proceeding  northerly  to  Kinzie  street,  following,  as 
far  as  practicable,  the  streets  nearest  to  said  branch,  on  such  sides  of 
the  center  of  streets  as  the  common  council  may  prescribe; 
said  track  not  to  be  laid  west  of  the  west  line  of  Canal  street;  and  also 
a track  leading  from  the  last  mentioned  track,  at  or  near  its  intersection 
with  the  eastern  line  of  the  said  south  branch  of  the  Chicago  river, 
along  the  line  of  said  south  branch,  into  Market  street,  following,  as 
far  as  possible,  the  streets  nearest  the  river,  and  on  such  sides  of  such 
streets  as  the  common  council  may  direct;  thence  along  the  west  line 
of  Market  street  northerly  to  Lake  street.  And  they  may  also  extend 
the  track  of  said  road  from  their  track  or  grounds  south  of  the  south 
pier,  across  the  Chicago  river  to  North  Water  street  by  means  of  a 
draw-bridge,  or  other  mode  which  shall  not  obstruct  navigation,  and 
which  may  be  approved  by  the  common  council. 

T 5.  Construction,  motive  power  and  speed  subject  to  or- 
dinances.] § 5.  And  the  said  tracks  shall  be  so  constructed,  fur- 
nished and  operated  as  to  meet  the  demands  of  business  upon  the  streets 
and  lines  through  and  along  which  they  shall  run.  The  said  side 
tracks,  the  stations,  depots,  turn-outs,  switches,  turn-tables,  buildings 
and  bridges  along  said  lines,  as  well  as  the  motive  power  to  be  used  and 
the  rate  of  speed  thereon,  to  be  subject  to  such  regulations  as  the  com- 
mon council  may  from  time  to  time  prescribe  for  the  government  of 
side  tracks  of  railroads  within  the  inhabited  portions  of  the  city.  Said 
side  tracks  shall  be  open  to  the  use  of  other  railroad  companies  and 
railroads  connecting  therewith,  upon  just  and  equitable  terms,  to  be 
agreed  upon  by  the  parties  interested,  and  in  case  of  disagreement  by 
arbitration. 

1"  6.  Enclosing  walls  — gates,  speed,  etc.]  § 6.  The  said 
company  shall  erect  and  maintain  on  the  western  or  inner  line  of  the 
ground  pointed  out  for  its  main  track  on  the  lake  shore,  as  the  same  is 
hereinbefore  defined,  such  suitable  walls,  fences  or  other  sufficient 
works,  as  will  prevent  animals  from  straying  upon  or  obstructing  its 
tracks,  and  secure  persons  and  property  from  danger.  Said  structure 
to  be  of  suitable  materials  and  sightly  appearance,  and  of  such  height 
as  the  common  council  may  direct,  and  no  change  therein  shall  be 
made  except  by  mutual  consent;  Provided,  howfever,  that  the  company 
shall  construct  such  suitable  gates  at  proper  places  at  the  ends  of  the 
streets,  which  are  now  or  may  hereafter  be  laid  out,  as  may  be  required 
by  the  common  council,  to  afford  safe  access  to  the  lake;  And  provided 


§ 33°] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


645 


also  that  in  case  of  the  construction  of  an  outside  harbor,  streets  may 
be  laid  out  to  approach  the  same,  in  the  manner  provided  by  law,  in 
which  case  the  common  council  may  regulate  the  speed  of  locomotives 
and  trains  across  them. 

% 7.  Outer  wall  along  right  of  way.]  § 7-  The  said  com~ 
pany  shall  erect  and  complete  within  three  years  after  they  shall  have 
accepted  this  ordinance,  and  shall  forever  thereafter  maintain  a con- 
tinuous wall  or  structure  of  stone  masonry,  pier  work  or  other  suffi- 
cient material,  of  regular  and  sightly  appearance,  and  not  to  exceed  in 
height  the  general  level  of  Michigan  avenue  opposite  thereto,  from  the 
north  side  of  Randolph  street  to  the  southern  boundary  of  Lake  Park 
before  mentioned,  at  a distance  of  not  more  than  three  hundred  feet 
east  from  and  parallel  with  the  western  or  inner  line  pointed  out  for 
said  company,  as  specified  in  section  two  hereof,  and  shall  continue 
said  works  to  the  southern  boundary  of  the  city,  at  such  distance  out- 
side of  the  track  of  said  road  as  may  be  expedient,  which  structure  ana 
works  shall  be  of  sufficient  strength  and  magnitude  to  protect  the  en- 
tire front  of  said  city  between  the  north  line  of  Randolph  street  and  its 
southern  boundary  from  further  damage  or  injury  from  the  action  of 
the  waters  of  Lake  Michigan,  and  that  part  of  the  structure  south  of 
Lake  Park  shall  be  commenced  and  prosecuted  with  all  reasonable  dis- 
patch after  the  acceptance  of  this  ordinance. 

K 8.  Use  of  Lake  Park  prohibited.]  § 8.  The  said  com- 
pany shall  not  in  any  manner,  nor  for  any  purpose  whatever,  occupy, 
use  or  intrude  upon  the  open  ground  known  as  Lake  Park,  belonging 
to  the  city  of  Chicago,  lying  between  Michigan  avenue  and  the  western 
or  inner  line  before  mentioned,  except  as  far  as  the  common  council 
may  consent,  for  the  convenience  of  said  company,  while  constructing 
or  repairing  their  works  in  front  of  said  ground. 

1 9.  View  of  lake  not  to  be  obstructed.]  § 9.  The  said 
company  shall  erect  no  buildings  between  the  north  line  of  Randolph 
street  and  the  south  line  of  the  said  Lake  Park,  nor  occupy  nor  use  the 
works  proposed  to  be  constructed  between  these  points,  except  for  the 
passage  of,  or  for  making  up  or  distributing  their  trains;  nor  place  up- 
on any  part  of  their  works  between  said  points  any  obstruction  to  the 
view  of  the  lake  from  the  shore,  nor  suffer  their  locomotives,  cars  or 
other  articles  to  remain  upon  their  tracks,  but  only  erect  such  works 
as  are  proper  for  the  construction  of  their  necessary  tracks  and  protec- 
tion of  the  same. 

IT  10.  Culverts  at  Lake  Park.]  § 10.  The  said  company,  in 
constructing  the  said  line  of  works  in  front  of  Lake  Park  and  the  pub- 
lic grounds,  shall  make  and  keep  open  through  the  same  such  culverts 
or  ways,  as  the  common  council  shall  prescribe,  from  the  open  lake  to 
the  space  inside  of  the  western  line  before  mentioned,  as  will  afford 
room  for  the  uninterrupted  flow  of  the  water  through  the  same. 


646 


RAILROADS. 


[§  331 


T 11.  Branch  to  Rock  Island  railroad.]  § 11.  The  said 

company  shall  lay  down,  construct,  operate  and  maintain  a track,  with 
suitable  turn-outs,  switches  and  turn-tables,  through  Twelfth  street,  or 
through  such  other  street  north  of  North  street,  as  the  common  coun- 
cil may  designate,  from  their  main  track  on  the  lake  shore,  to  connect 
with  the  said  tracks  to  be  constructed  by  the  Chicago  and  Rock  Island 
Railroad  Company,  or  procure  the  same  to  be  done,  as  provided  by  an 
ordinance  of  the  city  of  Chicago,  passed  April  2,  1852,  so  soon  as  the 
said  track  on  the  east  side  of  the  south  branch  of  the  river  shall  be 
completed;  Provided,  that  the  city  of  Chicago  shall  furnish  the  right 
of  way  to  the  said  company  free  of  cost,  before  requiring  said  track  to 
be  constructed. 

1 12.  Acceptance— contract.]  § 12.  Upon  the  acceptance  of 

this  ordinance  by  the  said  company  (which  shall  be  within  ninety  days 
of  the  passing  of  the  same),  a contract  or  agreement  embodying  the 
provisions  herein  contained,  and  stipulating  that  the  permission,  rights 
and  privileges  hereby  conferred  upon  said  company  shall  depend  upon 
the  performance  on  their  part  of  the  requirements  made  upon  them  by 
this  ordinance,  shall  be  executed,  sealed  and  delivered  on  the  part  of 
the  city  of  Chicago  by  the  mayor  thereof,  and  on  the  part  of  the  Illi- 
nois Central  Railroad  Company  by  the  president  thereof,  both  in  usual 
legal  form. 

§ 331.  Illinois  Central  Railroad  company. 

*[  1.  Preamble. 

2.  Additional  space  granted. 

An  ordinance  concerning  the  Illinois  Central  railroad.  (Passed  September  15, 

1856.) 

1"  1.  Preamble.]  Whereas:  The  common  council  of  this  city, 

by  an  ordinance  of  the  14th  day  of  June,  1852,  granted  to  the  Illinois 
Central  Railroad  Company  the  right  to  enter  and  use  in  perpetuity,  for 
its  line  of  railroad  and  other  works  necessary  to  protect  the  same  from 
the  lake,  a width  of  three  hundred  feet  from  the  southern  boundary 
of  the  public  ground  on  Twelfth  street  to  the  northern  line  of  Ran- 
dolph street,  the  inner  or  west  line  of  which  ground  so  to  be  used  by 
the  company,  to  be  not  less  than  four  hundred  feet  east  from  the  west 
line  of  Michigan  avenue  and  parallel  thereto;  and  whereas  the  ground 
thus  granted  is  shown  to  be  too  narrow  to  afiford  to  said  company  a 
convenient  means  of  approaching  and  using  a part  of  their  station 
grounds  between  Randolph  street  and  Chicago  river;  therefore, 

IT  2.  Additional  space  granted.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  permission  is  hereby 

granted  to  the  said  Illinois  Central  Railroad  Company  to  enter  upon 
and  use  in  perpetuity,  for  its  line  of  railroad  and  other  works  necessary 
to  protect  the  same  from  the  lake,  the  space  between  its  present  break- 
water, and  a line  drawn  from  a point  on  said  breakwater, 


§ 332] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


647 


seven  hundred  feet  south  of  the  north  line  of  Randolph  street 
extended,  and  running  thence  on  a straight  line  to  the  southeast  corner 
of  its  present  breakwater,  and  thence  to  the  river;  provided,  however, 
and  this  permission  is  only  given  upon  the  express  condition,  that  the 
portion  of  said  line  which  lies  south  of  the  north  line  of  Randolph  street 
extended,  shall  be  kept  subject  to  all  the  conditions  and  restrictions,  as 
to  the  use  of  the  same,  as  are  imposed  upon  that  part  of  said  line  by  the 
said  ordinance  of  June  14,  1852. 

§ 332.  Illinois  Central  Railroad  company. 

1.  Preamble. 

2.  Pivot  bridge — acceptance. 

3.  Superintendence — maintenance— operation — indemnity. 

An  ordinance  approving  the  plans  for  a bridge,  to  be  erected  by  the  Illinois  Cen- 
tral railroad  company  across  the  Chicago  river.  (Passed  December  1,  1862.) 

1 1.  Preamble.]  Whereas:  The  common  council,  by  ordi- 

nance passed  June  14,  1852,  did  authorize  the  Illinois  Central  Railroad 
Company  to  extend  the  track  of  said  road  from  their  track  or  grounds 
south  of  the  south  pier,  across  the  Chicago  river  to  North  Water  street, 
by  means  of  a bridge,  the  plans  of  which  were  to  be  approved  by  the 
common  council;  therefore, 

IT  2.  Pivot  bridge — acceptance.]  Be  it  ordained  by  the  corn- 

mon  council  of  the  city  of  Chicago:  § 1.  That  the  plans  for  a pivot 

bridge,  presented  by  the  Illinois  Central  Railroad  Company,  to  cross 
the  Chicago  river  at  a point  designated  in  the  foregoing  preamble,  be 
and  the  same  are  hereby  approved;  subject,  however,  to  this  express 
condition,  that  the  breaking  of  ground  for  the  erection  of  said  bridge, 
or  the  taking  of  any  measures  by  the  said  company  or  its  agents  to- 
wards the  building  of  the  same,  shall  be  taken  and  construed  as  an  ac- 
ceptance of  and  agreement  on  the  part  of  said  company  to  all  the  con- 
ditions, provisions,  restrictions  and  requirements  of  this  ordinance,  and 
the  same  shall  be  binding  upon  said  company. 

IT  3.  Superintendence — maintenance  -operation— indemnity-] 
§ 2.  Said  railroad  company  shall  construct  said  bridge  under  the 
charge  and  superintendence  of  the  board  of  public  works;  and  said 
company  shall  be  liable  for  and  chargeable  with  all  damage  that  may 
accrue  and  become  payable  to  the  owners  or  occupants  of  any  real  es- 
state,  or  to  the  owners  or  charter  party  of  any  vessel,  float  or  water 
craft,  by  reason  of  the  construction,  operation  or  improper  care  and 
management  of  said  bridge;  and  said  company  shall  at  its  own  cost 
tend  said  bridge,  and  shall  so  operate  and  manage  the  same  as  to 
cause  the  least  possible  obstruction  to  navigation;  and  said  railroad 
company  shall  indemnify  and  save  the  city  of  Chicago  harmless  from 
any  and  all  costs,  damages,  charges  and  expenses  whatsoever,  that 
may  in  any  manner  arise  by  reason  of  the  erection  or  use  of  a bridge 
at  that  point. 


648 


RAILROADS. 


§ 333.  Illinois  Central  Railroad  company. 

TT  1.  Grant  of  lake  front  land  to  city — power  of  sale. 

IT  2.  Proceeds  of  sale — park  fund — distribution  of. 
if  3.  Rights  of  Illinois  Central  confirmed — submerged  land  granted 
in  fee. 

IT  4.  Submerged  land  between  Monroe  and  Randolph  streets  granted 
for  depot. 

If  5.  Consideration  paid  to  city — distribution, 
if  6.  City  authorized  to  release  its  interests  to  railroads, 
if  7.  Conditions  of  grant, 
if  8.  When  in  force. 

An  act  in  relation  to  a portion  of  the  submerged  lands  and  lake  park  grounds 
lying  on  and  adjacent  to  the  shore  of  Lake  Michigan,  on  the  eastern  front- 
age of  the  city  of  Chicago.  (Passed  April  16,  1869.) 

1 1.  Grant  of  lake  front  land  to  city —power  of  sale.] 

§ 1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois  represented  in 
the  general  assembly,  That  all  right,  title  and  interest  of  the  state  of 
Illinois  in  and  to  so  much  of  fractional  section  fifteen  (15),  township 
thirty-nine  (39),  range  fourteen  (14),  east  of  third  (3d)  principal  meri- 
dian, in  the  city  of  Chicago,  county  of  Cook,  and  state  of  Illinois,  as 
situated  east  of  Michigan  avenue,  and  north  of  Park  row  and  south  of 
the  south  line  of  Monroe  street  and  west  of  a line  running  parallel  with 
and  four  hundred  feet  east  of  the  west  line  of  said  Michigan  avenue 
— being  a strip  of  land  four  hundred  feet  in  width,  including  said  av- 
enue, along  the  shore  of  Lake  Michigan,  and  partially  submerged  by 
the  waters  of  said  lake — are  hereby  granted  in  fee  to  the  said  city  of 
Chicago,  with  full  power  and  authority  to  sell  and  convey  all  of  said 
tract  east  of  said  avenue,  leaving  said  avenue  ninety  (90)  feet  in  width, 
in  such  manner  and  upon  such  terms  as  the  common  council  of  said 
city  may  by  ordinance  provide:  Provided,  that  no  sale  or  conveyance 
of  said  property,  or  any  part  thereof,  shall  be  valid  unless  the  same  be 
approved  by  a vote  of  not  less  than  three-fourths  of  all  the  aldermen 
elect. 

1 2,  Proceeds  of  sale— park  fund— distribution  of.]  § 2. 

The  proceeds  of  the  sale  of  any  and  all  of  said  lands  shall  be  set  aside, 
and  shall  constitute  a fund  to  be  designated  as  the  “park  fund”  of  the 
said  city  of  Chicago,  and  said  fund  shall  be  equitably  distributed  by  the 
common  council  between  the  south  division,  the  west  division  and  the 
north  division  of  the  said  city,  upon  the  basis  of  the  assessed  value  of 
the  taxable  real  estate  of  each  of  said  divisions,  and  shall  be  applied  to 
the  purchase  and  improvement  in  each  of  said  divisions,  or  in  the 
vicinity  thereof,  of  a public  park  or  parks,  and  for  no  other  purpose 
whatsoever. 

T 3,  Rights  of  Illinois  Central  confirmed — submerged  land 
granted  in  fee.]  § 3.  The  right  of  the  Illinois  Central  Railroad 
Company,  under  the  grant  from  the  state  in  its  charter,  which  said 
grant  constitutes  a part  of  the  consideration  for  which  the  said  com- 
pany pays  to  the  state  at  least  seven  per  cent  of  its  gross  earnings,  and 


§ 333]«  ILLINOIS  CENTRAL  RAILROAD  COMPANY.  ^ 649 

under  and  by  virtue  of  its  appropriation,  occupancy,  use  and  control, 
and  the  riparian  ownership  incident  to  such  grant,  appropriation,  oc- 
cupancy, use  and  control  in  and  to  the  lands  submerged  or  otherwise 
lying  east  of  the  said  line  running  parallel  with  and  four  hundred  feet 
east  of  the  west  line  of  Michigan  avenue,  in  fractional  sections  ten  (io) 
and  fifteen  (15),  township  and  range  as  aforesaid,  is  hereby  confirmed, 
and  all  the  right  and  title  of  the  state  of  Illinois  in  and  to  the  submerged 
lands  constituting  the  bed  of  Lake  Michigan  and  lying  east  of  the 
tracks  and  breakwater  of  the  Illinois  Central  Railroad  Company,  for 
the  distance  of  one  mile,  and  between  the  south  line  of  the  south  pier 
extended  eastwardly,  and  a line  extended  eastward  from  the  south  line 
of  lot  twenty-one,  south  of  and  near  to  the  round  house  and  machine 
shops  of  said  company  in  the  south  division  of  the  said  city  of  Chicago, 
are  hereby  granted  in  fee  to  the  said  Illinois  Central  Railroad  Com- 
pany, its  successors  and  assigns:  Provided,  however,  that  the  fee  to 

said  lands  shall  be  held  by  said  company  in  perpetuity,  and  that  the 
said  company  shall  not  have  power  to  grant,  sell  or  convey  the  fee  to 
the  same,  and  that  all  gross  receipts  from  use,  profits,  leases  or  other- 
wise of  said  lands,  or  the  improvements  thereon,  or  that  may  hereafter 
be  made  thereon,  shall  form  a part  of  the  gross  proceeds,  receipts  and 
income  of  the  said  Illinois  Central  Railroad  Company,  upon  which  said 
company  shall  forever  pay  into  the  state  treasury,  semi-annually,  the 
per  centum  provided  for  in  its  charter,  in  accordance  with  the  require- 
ments of  said  charter:  And  provided  also,  that  nothing  herein  con- 

tained shall  authorize  obstructions  to  the  Chicago  harbor,  or  impair 
the  public  right  of  navigation,  nor  shall  this  act  be  construed  to  ex- 
empt the  Illinois  Central  Railroad  Company,  its  lessees  or  assigns, 
from  any  act  of  the  general  assembly  which  may  be  hereafter  passed 
regulating  the  rates  of  wharfage  and  dockage  to  be  charged  in  said 
harbor.  And  provided,  further,  that  any  of  the  lands  hereby  granted  to 
the  Illinois  Central  Railroad  Company,  and  the  improvements  now  or 
which  may  hereafter  be  on  the  same,  which  shall  hereafter  be  leased  by 
said  Illinois  Central  Railroad  Company  to  any  person  or  corporation, 
or  which  may  hereafter  be  occupied  by  any  person  or  corporation 
other  than  said  Illinois  Central  Railroad  Company,  shall  not  during 
the  continuance  of  such  leasehold  estate  or  of  such  occupancy  be  ex- 
empt from  municipal  or  other  taxation. 

If  4.  Submerged  land  between  Monroe  and  Randolph  streets 
granted  for  depot  site.]  § 4.  All  the  right  and  title  of  the  state  of 
Illinois  in  and  to  the  lands,  submerged  or  otherwise,  lying  north  of  the 
south  line  of  Monroe  street  and  south  of  the  south  line  of  Randolph 
street,  and  between  the  east  line  of  Michigan  avenue  and  the  track  and 
roadway  of  the  Illinois  Central  Railroad  Company,  and  constituting 
parts  of  fractional  sections  ten  (10)  and  fifteen  (15),  in  said  township 
thirty-nine  (39),  as  aforesaid,  are  hereby  granted  in  fee  to  the  Illinois 
Central  Railroad  Company,  the  Chicago,  Burlington  and  Quincy  Rail- 


650 


RAILROADS. 


[§  333 


road  Company,  and  the  Michigan  Central  Railroad  Company,  their  suc- 
cessors and  assigns,  for  the  erection  thereon  of  a passenger  depot,  and 
for  such  other  purposes  as  the  business  of  said  companies  may  require; 
Provided,  that  upon  all  gross  receipts  of  the  Illinois  Central  Railroad 
Company,  from  leases  of  its  interest  in  said  grounds,  or  improvements 
thereon,  or  other  uses  of  the  same,  the  percentum  provided  for  in  the 
charter  of  said  company  shall  forever  be  paid,  in  conformity,  with  the 
requirements  of  said  charter. 

1 5.  Consideration  paid  to  city — distribution.]  § 5.  In 

consideration  of  the  grant  to  the  said  Illinois  Central,  Chicago,  Bur- 
lington and  Quincy,  and  the  Michigan  Central  railroad  companies  of 
the  land  as  aforesaid,  said  companies  are  hereby  required  to  pay  to- 
said  city  of  Chicago  the  sum  of  eight  hundred  thousand  dollars,  to  be 
paid  in  the  following  manner,  viz. : Two  hundred  thousand  dollars 

within  three  months  from  and  after  the  passage  of  this  act,  two  hundred 
thousand  dollars  within  six  months  from  and  after  the  passage  of  this 
act,  two  hundred  thousand  dollars  within  nine  months  from  and  after 
the  passage  of  this  act,  two  hundred  thousand  dollars  within  twelve 
months  from  and  after  the  passage  of  this  act;  which  said  sums  shali 
be  placed  in  the  park  fund  of  the  said  city  of  Chicago,  and  shall  be  dis- 
tributed in  like  manner  as  is  hereinbefore  provided  for  the  distribu- 
tion of  the  other  funds  which  may  be  obtained  by  said  city  from  the 
sale  of  the  lands  conveyed  to  it  by  this  act. 

1 6.  City  authorized  to  release  its  interests  to  railroads.] 

§ 6.  The  common  council  of  the  said  city  of  Chicago  is  hereby  au- 
thorized and  empowered  to  quit-claim  and  release  to  the  said  Illinois 
Central  Railroad  Company,  the  Chicago,  Burlington  and  Quincy  Rail- 
road Company  and  the  Michigan  Central  Railroad  Company  any  and 
all  claim  and  interest  in  and  upon  any  and  all  of  said  land  north  of  the 
south  line  of  Monroe  street  as  aforesaid,  which  the  said  city  may. have 
by  virtue  of  any  expenditures  and  improvements  thereon  or  otherwise, 
and  in  case  the  said  common  council  shall  neglect  or  refuse  thus  to 
quit-claim  and  release  to  the  said  companies  as  aforesaid,  within  four 
months  from  and  after  the  passage  of  this  act,  then  the  said  companies 
shall  be  discharged  from  all  obligation  to  pay  the  balance  remaining 
unpaid  to  said  city. 

1"  7.  Conditions  of  grant.]  § 7.  The  grants  to  the  Illinois 

Central  Railroad  Company  contained  in  this  act  are  hereby  declared 
to  be  upon  the  express  condition  that  said  Illinois  Central  Railroad 
Company  shall  perpetually  pay  into  the  treasury  of  the  state  of  Illinois 
the  per  centum  on  the  gross  or  total  proceeds,  receipts  or  incomes  de- 
rived from  said  road  and  branches  stipulated  in  its  charter,  and  also 
the  per  centum  on  the  gross  receipts  of  said  company  reserved  in  this 
act. 

1 8.  When  in  force.]  § 8.  This  act  shall  be  a public  act,  and 

in  force  from  and  after  its  passage. 


§ § 334,  334a]  Illinois  central  railroad  company.  651 

Note. — See  following  repealing  act. 

An  act  repealing  “An  act  in  relation  to  a portion  of  the  submerged 
lands  and  lake  park  grounds  lying  on  and  adjacent  to  the  shore  of  Lake 
Michigan,  on  the  eastern  frontage  of  the  city  of  Chicago. 

Repealing  the  foregoing  act.]  Be  it  enacted  by  the  people  of 
the  state  of  Illinois,  represented  in  the  general  assembly,  that  the  act 
entitled  “An  act  in  relation  to  a portion  of  the  submerged  land  and 
Lake  Park  grounds,  lying  on  and  adjacent  to  the  shore  of  Lake  Michi- 
gan, on  the  eastern  frontage  of  the  city  of  Chicago  ” in  force  April  16, 
1869,  be  and  the  same  is  hereby  repealed. 

§ 334.  Illinois  Central  Railroad  company. 

1.  Grant — route — Seventy-first  street — depots. 

An  ordinance  authorizing  the  Illinois  Central  Railroad  company  to  lay  down 
and  operate  a railroad  in  Hyde  Park.  (Passed  and  approved  April  2,  1869.) 

1 1.  Grant — route — Seventy-first  street — depots.]  Be  it  or- 

dained by  the  board  of  trustees  of  the  town  of  Hyde  Park:  That  per- 
mission is  hereby  given  to  the  Illinois  Central  Railroad  Company  to 
lay  down  a single  railroad  track  with  necessary  turn-outs,  and  to  op- 
erate thereon  their  engines  and  cars  on  Seventy-first  street,  in  Hyde 
Park,  from  the  intersection  of  said  street  with  the  right  of  way  of  said 
company,  east  to  the  northeast  corner  of  section  twenty-five,  town 
thirty-eight  north,  range  fourteen,  east  third  principal  meridian : On 

condition,  that  the  said  company  shall  and  will  erect  and  maintain  plat- 
forms and  depot  houses  at  the  following  points,  to  wit: 

1st.  On  said  Seventy-first  street,  at  its  intersection  with  said  right 
of  way. 

2d.  On  said  Seventy-first  street,  at  its  point  eighty  rods  east  of 
the  center  of  Stony  Island  avenue. 

And  upon  the  further  condition,  that  such  company  shall  and  will 
stop  all  their  regular  trains,  for  passengers,  that  may  run  over  said 
track,  at  the  depots  aforesaid,  in  order  that  persons  may  get  on  and 
off  of  said  trains  if  any  passenger  desires  to  get  on  or  off. 

Note.— See  the  following  repealing  ordinance. 

§ 334a.  Repealing  foregoing  ordinance. 

1.  Preamble. 

2.  Repealing  the  foregoing  ordinance. 

An  ordinance  repealing  an  ordinance  passed  April  2,  1869,  granting  to  the  Illi- 
nois Central  Railroad  company  the  right  to  construct  and  operate  a railroad 
track  on  Seventy-first  street.  (Passed  and  approved  September  18,  1882.) 

1.  Preamble.]  Whereas,  the  village  of  Hyde  Park  did  on  the 
second  day  of  August,  1869,  grant  to  the  Illinois  Central  Railroad 
Company  the  right  to  construct,  maintain  and  operate  a railroad  track 
on  71st  street,  from  the  Illinois  Central  right  of  way  to  Railroad  ave- 
nue; and,  whereas,  said  right  was  transferred  by  the  Illinois  Central 


652 


RAILROADS. 


[§  335 


Railroad  Company  to  the  Chicago  and  Indiana  Railroad  Company, 
said  transfer  being  ratified  and  confirmed  by  the  village  of  Hyde  Park, 
by  ordinance  bearing  date  of  the  15th  of  March,  1873. 

IT  2.  Repealing  the  foregoing  ordinance.]  Therefore  be  it 
ordained  by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park:  § 1.  That  the  said  last  mentioned  ordinance  be  and  the  same 
is  hereby  repealed. 

§ 335.  Illinois^Central  Railroad  company. 

IT  1.  Randolph  street  extended. 

•f[  2.  Viaduct — construction. 

TT  3.  Indemnity. 

If  4.  Location — maintenance — public  use. 

if  5-  Time  for  completion. 

IT  6.  When  in  force.  » 

An  ordinance  extending  Randolph  street  to  Lake  Michigan  and  providing  for 
viaduct  over  the  tracks  of  Illinois  Central  railroad.  (Passed  July  12,  1880.) 

1"  1.  Randolph  street  extended.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  Randolph  street  is  hereby  ex- 

tended and  produced,  straight  eastwardlv,  and  declared  to  be  a public 
street,  from  its  present  eastern  terminus  to  the  west  line  of  the  right 
of  way  of  the  Illinois  Central  Railroad  Company,  as  established  by 
the  ordinance  of  September  10,  1855,  °f  the  same  width  as  said  street 
is  west  of  its  present  eastern  terminus,  and  also  straight  eastward!}' 
of  the  same  width,  and  on  a line  with  that  part  of  the  street  west  of 
said  right  of  way  from  the  easterly  line  of  slip  “C/5  produced  southerly 
to  Lake  Michigan;  the  said  extension  of  Randolph  street  to  be  such 
that  it  shall  be  a continuous  street  from  its  present  eastern  terminus 
to  Lake  Michigan,  of  the  same  width  and  in  the  same  direction  as 
the  part  of  Randolph  street  west  of  its  said  eastern  terminus,  excepting 
from  such  extension  the  space  between  the  easterly  line  of  said  slip 
“C,”  produced  southerly,  and  the  said  west  line  of  the  right  of  way  of 
the  Illinois  Central  Company. 

IT  2.  Viaduct — construction.]  § 2.  That  permission  and  au- 
thority be  and  hereby  is  given  to  the  Illinois  Central  Railroad  Com- 
pany to  construct  and  maintain,  at  its  own  cost  and  expense,  a bridge 
or  viaduct  within  the  line  of  Randolph  street,  as  extended  under  the 
provisions  of  section  one  hereof,  and  over  the  tracks  and  right  of  way 
of  the  Illinois  Central  and  Michigan  Central  railroad  companies,  to- 
gether with  suitable  and  convenient  approaches.  The  approach  from 
the  west  to  said  bridge  or  viaduct  shall  be  not  exceeding  thirty  feet 
in  width,  and  shall  commence  at  the  east  line  of  Michigan  avenue, 
produced  northerly  from  the  south;  said  approaches  and  viaduct  to  be 
constructed  and  located  in  accordance  with  plans  to  be  approved  by 
the  commissioner  of  public  works. 

1"  3.  Indemnity.]  § 3.  The  permission  and  authority  hereby 
granted  are  upon  the  express  condition  that  the  said  railroad  com- 


336] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


653 


pany  shall  and  will  forever  indemnify  and  save  harmless  the  city  of 
Chicago  against  and  from  any  and  all  damages,  judgments,  decrees 
and  costs,  and  expenses  of  the  same,  which  it  may  suffer,  or  which 
may  he  recovered  or  obtained  against  said  city,  for  or  by  reason  of  or 
growing  out  of  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  „or  with  the  exercise  by  said  com- 
pany of  the  privilege  hereby  granted. 

T 4.  Location — maintenance — public  use.]  § 4.  The  said 

bridge  or  viaduct  shall  be  built  in  a straight  easterly  direction  cor- 
responding with  the  course  of  Randolph  street,  and  in  such  part  of 
said  street  as  may  be  directed  by  the  commissioner  of  public  works. 
The  cost  of  maintaining  and  repairing  the  same  shall  be  borne  by  the 
Illinois  Central  Railroad  Company,  and  the  right  to  the  use  of  said 
bridge  or  viaduct  shall  be  forever  free  to  the  public,  and  to  all  persons 
having  occasion  to  pass  and  repass  thereon,  and  there  shall  be  accom- 
modation made  in  said  viaduct  for  foot  passengers. 

1 5.  Time  for  completion.]  § 5.  Unless  the  said  bridge  or 
viaduct  shall  be  completed  and  opened  to  the  public  within  one  year 
and  a half  from  the  passage  of  this  ordinance,  then  the  permission  and 
authority  herein  granted  for  the  erection  of  the  same  shall  cease  and 
be  void  and  of  no  effect. 

If  6.  When  in  force.]  § 6.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 336.  Illinois  Central  Railroad  company. 

If  1.  Grant — route. 

IF  2.  Conditions  of  grant. 

An  ordinance  authorizing  the  Illinois  Central  Railroad  company  to  lay  down, 
maintain  and  operate  a single  track  in  Sixty-first  street.  (Passed  and  ap- 
proved May  31,  1886.  Bond  filed  and  approved  May  31,  1886.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and 

authority  are  hereby  given  to  the  Illinois  Central  Railroad  Company 
to  lay  down,  maintain  and  operate  for  passenger  traffic  only,  a single 
track  commencing  at  a point  on  the  right  of  way  of  the  said  railroad 
company,  between  Sixtieth  and  Sixty-first  streets;  thence  southwest- 
erly by  a curve  to  the  center  line  of  Sixty-first  street,  at  a point  not 
less  than  ten  (10)  feet  east  of  the  east  line  of  Madison  avenue;  thence 
westerly  along  the  center  of  said  Sixty-first  street,  to  a point  one 
thousand  (1,000)  feet  west  of  the  west  line  of  Cottage  Grove  avenue. 
Also  a switch  track  connecting  with  the  aforesaid  track  at  a point  west 
of  the  west  line  of  Cottage  Grove  avenue,  and  extending  west  along 
said  Sixty-first  street,  to  a point  twelve  hundred  and  eighty  (1,280)  teet 
west  of  the  west  line  of  said  Cottage  Grove  avenue. 

T 2.  Conditions  of  grant.]  § 2.  The  permission  and  author- 
ity hereby  given  are  upon  the  following  express  conditions : That  said 


654 


RAILROADS. 


company  has  procured  the  requisite  and  necessary  consent  from  own- 
ers of  property  abutting  on  said  Sixty-first  street;  that  said  company 
will  save  and  keep  harmless  the  said  village  of  Hyde  Park  from  all 
costs  and  damage  in  consequence  of  the  laying  and  operating  of  said 
tracks;  that  said  company  will  remove  said  tracks  from  said  Sixty- 
first  street,  and  restore  the  said  street  and  the  crossings  thereof  with 
other  streets,  to  substantially  as  good  condition  as  now  exists,  on  or 
before  the  first  day  of  November,  A.  D.  eighteen  hundred  and  eighty- 
six  (1886);  that  said  tracks  in  Sixty-first  street,  at  the  intersection  of 
other  streets,  shall  be  provided  with  suitable  and  proper  crossings  for 
vehicles;  that  said  company  will,  before  it  begins  to  lay  said  tracks, 
or  either  of  them,  execute,  to  the  village  of  Hvde  Park,  a bond,  with 
sureties  to  be  approved  by  this  board,  in  the  penal  sum  of  fifty  thousand 
dollars  ($50,000)  for  the  faithful  and  complete  performance  of  all  the 
conditions  aforesaid. 

§ 337.  Illinois  Central  Railroad  company. 

If  1.  Grant — route. 

Hi  2.  Telegraph  line — location  of  poles. 

H[  3.  Subject  to  ordinances. 

Hi  4.  Crossings. 

Hi  5.  Indemnity. 

Hi  6.  Bond  — conditions. 

Hi  7.  Acceptance. 

Hi  8.  Use  limited. 

An  ordinance  authorizing  the  Illinois  Central  Railroad  company  to  construct  a 

track  to  the  Washington  Driving  park.  (Passed  and  approved  April  4,  1887. 

Accepted  April  n,  1887.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  be  and 
the  same  is  hereby  granted  to  the  Illinois  Central  Railroad  Company  to 
locate,  construct  and  forever  hereafter  maintain  and  operate  with  steam 
power  one  or  more  railroad  tracks  upon  the  following  route  in  the  vil- 
lage of  Hyde  Park,  namely:  Beginning  at  a point  on  the  Illinois  Cen- 
tral Railroad  about  200  feet  south  of  60th  street,  thence  southwesterly 
on  a curve  to  the  east  line  of  Madison  avenue  opposite  lot  1 in  block 
1 in  Keith’s  subdivision  of  the  southwest  quarter  of  the  southeast  quar- 
ter in  section  14,  township  38,  range  14,  east  of  the  third  principal 
meridian;  thence  after  crossing  said  avenue,  westerly  on  and  along  a 
strip  of  ground  from  40  to  50  feet  in  width  lying  south  of  and  adjoin- 
ing 61  st  street,  and  across  the  intervening  streets  to  the  grounds  of  the 
Washington  Park  Club  lying  cn  the  west  side  of  Cottage  Grove  ave- 
nue,  said  tracks  to  be  laid  upon  any  grounds  now  owned  or  that  may 
hereafter  be  acquired  by  said  railroad  company  upon  the  route  above 
described,  and  across  all  streets  and  alleys  on  or  along  said  route. 
And  authority  and  permission  are  also  hereby  granted  to  said  Illinois 
Central  Railroad  Company  to  lay  down  at  any  and  all  times  hereafter 
such  turn-outs,  “y’s”  and  sidings  on  the  line  above  described  as  said 
railroad  company  may  deem  necessary  to  enable  it  to  reach  any  manu- 


337] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


655 


facturing  or  other  establishments,  and  also  to  construct  and  maintain 
proper  switching  tracks  in  connection  with  said  line  of  railroad. 

1"  2.  Telegraph  line — location  of  poles.]  § 2.  Permission  is 
also  hereby  granted  to  the  Illinois  Central  Railroad  Company  to  erect 
and  forever  thereafter  maintain  a telegraph  line,  consisting  of  one  or 
more  lines  of  wires  with  the  necessary  poles  upon  the  said  line  of  rail- 
road along  the  route  above  described,  but  upon  the  condition  that  the 
poles  hereby  authorized  to  be  erected  shall  be  placed  in  such  position 
upon  any  street,  highway  or  alley  as  may  be  directed  by  the  board  of 
trustees  of  said  village,  or  their  successors  in  authority. 

IT  3.  Subject  to  ordinances.]  § 3.  The  privileges  and  author- 
ity hereby  granted  to  said  company  are  granted  upon  the  express 
condition  that  said  company,  its  successors  and  assigns,  shall  in  respect 
of  the  railroad  line  herein  authorized  to  be  built,  promptly  fulfill  all 
obligations  and  duties  that  are  now  or  may  hereafter  be  lawfully  im- 
posed by  ordinance. 

1"  4.  Crossings.]  § 4.  The  tracks  laid  across  the  intervening 
streets  upon  the  route  above  described  shall  be  laid  in  such  manner 
as  to  interfere  as  little  as  practicable  with  the  use  of  such  streets  by 
teams  and  pedestrians,  and  said  railroad  company  shall  at  all  times  keep 
such  tracks  in  proper  condition,  to  allow  the  free  passage  of  vehicles 
crossing  them. 

% 5.  Indemnity,]  § 5.  The  privileges  and  authority  hereby 
granted  to  said  railroad  company  are  granted  upon  the  express  con- 
dition that  said  company,  its  successors  and  assigns,  shall  forever  in- 
demnify and  save  harmless  the  village  of  Hyde  Park  against  all  darm 
ages,  judgments,  decrees,  costs  and  expenses  of  the  same,  which  it 
may  suffer  or  which  may  be  obtained  against  such  village  by  reason 
of  the  granting  of  said  privileges  and  authority,  or  by  reason  of  the 
exercise  by  said  railroad  company  or  by  its  successors  of  the  privileges 
so  granted. 

1"  6.  Bond — conditions.]  § 6.  This  ordinance  shall  not  take 

effect  until  after  such  company  shall  enter  into  a bond  to  said  village 
of  Hyde  Park  in  the  penal  sum  of  $25,000,  conditioned  for  the  pay- 
ment of  all  damages  for  which  said  village  may  become  liable  to  any 
person  or  persons  by  reason  of  said  company  constructing,  laying 
down  and  operating  said  railroad  track  or  tracks  within  said  village, 
and  conditioned  also  for  the  payment  of  all  damages  which  may  arise 
to  the  said  village  of  Hyde  Park  on  account  of  any  judgment  obtained 
against  said  village  by  any  person  or  persons  whomsoever,  by  reason 
of  said  company  constructing,  laying  down  or  operating  said  railroad 
track  or  tracks,  or  the  crossing  of  said  streets  or  alleys  within  the  said 
village  of  Hyde  Park. 

T 7.  Acceptance.]  § 7.  Said  railroad  company  shall  notify  this 
village  within  thirty  days  from  the  passage  of  this  ordinance  of  the 
acceptance  of  the  privileges  and  conditions  herein  provided  for. 


656 


RAILROADS. 


[§  338 


1"  8.  Use  limited.]  § 8.  The  rights  and  privileges  hereby 
granted  are  upon  the  express  condition  that  said  railroad  company 
shall  use  said  tracks  only  for  the  conveyance  of  passengers,  and  such 
freight  as  may  be  required  for  the  uses  and  purposes  of  the  Wash- 
ington Park  Club. 

§ 338.  Illinois  Central  Railroad  company. 

Tf  1.  Passenger  station  at  Thirty- first  street — conditions. 

TT  2.  Acceptance — bond. 

An  ordinance  authorizing  the  Illinois  Central  Railroad  company  to  excavate 
part  of  Lake  Park  avenue  at  Thirty-first  street  for  a depot.  (Passed  No- 
vember 18,  1889.) 

1"  1.  Passenger  station  at  Thirty-first  street— conditions.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

permission  and  authority  be  and  the  same  is  hereby  granted  to  the  Illi- 
nois Central  Railroad  Company  (at  its  own  expense)  to  excavate  in  and 
under  the  east  side  of  Lake  Park  avenue  for  a space  not  exceeding 
eight  (8)  feet  in  width  on  each  side  of  the  center  line  of  Thirty-first 
street,  at  the  eastern  terminus  thereof,  and  to  construct  and  maintain 
therein  and  thereon,  for  a period  not  exceeding  ten  years  from  the 
passage  of  this  ordinance,  a railroad  passenger  station  house  or  pas- 
senger enclosure,  with  the  necessary  approaches  and  appurtenances, 
and  to  use  the  same  for  a railroad  passenger  station  and  for  no  other 
purpose,  for  such  period  of  not  exceeding  ten  years. 

Said  work  shall  be  done  in  conformity  with  the  plans  and  drawings 
attached  hereto,  marked  Exhibit  “A”  and  made  part  hereof;  and  the 
permission  hereby  granted  is  upon  the  following  express  terms  and 
conditions,  to  be  complied  with  upon  the  part  of  said  Illinois  Central 
Railroad  Company,  to-wit: 

First,  The  remaining  portions  of  said  streets  at  the  point  named, 
and  the  pavements  thereof  shall,  at  the  completion  of  said  work,  be 
left  in  good  order  and  repair,  subject  to  the  approval  of  the  commis- 
sioner of  public  works;  and  the  water  pipes,  gas  pipes,  sewer  and  other 
underground  fixtures  or  structures  now  in  said  streets  shall  not  be  dis- 
turbed or  interfered  with,  except  by  permission  and  authority  of,  and 
upon  the  conditions  and  requirements  to  be  prescribed  by  the  commis- 
sioner of  public  works. 

Second.  If  at  any  time  hereafter  the  possession  of  the  portion  of 
said  streets  so  to  be  occupied  by  such  railroad  passenger  station 
should,  in  the  judgment  of  the  mayor  of  the  city  of  Chicago,  become 
necessary  towards  the  construction  or  prosecution  of  any  public  work 
for  the  city  of  Chicago,  then,  after  sixty  days  previous  notice  thereof, 
in  writing,  by  the  mayor  to  said  company,  the  permission  and  authority 
by  this  ordinance  granted  may  be  revoked  and  annulled  by  the  city 
council  of  the  city  of  Chicago  by  ordinance  or  resolution  to  that  effect; 
and  thereupon  said  Illinois  Central  Railroad  Company  shall  immedi- 
ately remove  from  said  streets  all  such  structures  of  said  company  as 


§ 339] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


657 


may  occupy  any  portion  of  said  streets;  and  upon  said  company  fail- 
ing so  to  do  the  city  of  Chicago  may  cause  such  structures  to  be  re- 
moved at  the  cost  and  expense  of  said  company. 

Third.  The  said  Illinois  Central  Railroad  Company  shall  indem- 
nify and  save  harmless  the  city  of  Chicago  against  and  from  all  loss  and 
damages  of  any  kind  which  said  city  may  suffer  or  for  which  it  may 
become  liable  by  reason  of  or  growing  out  of  the  passage  of  this  ordi- 
nance, or  the  privileges  thereby  granted,  and  shall  execute  to  the  city 
of  Chicago  a good  and  sufficient  bond  in  the  penal  sum  of  ten  thousand 
dollars  ($10,000),  to  be  approved  by  the  mayor,  conditioned  for  the 
faithful  observance  and  performance  on  its  part  of  all  the  provisions 
and  conditions  of  this  ordinance. 

2.  Acceptance— bond.]  § 2.  This  ordinance  shall  take  ef- 

fect and  be  in  force  as  soon  as  the  said  company  shall  file  with  the  city 
clerk  its  formal  acceptance  of  the  same  and  its  bond  as  hereinbefore 
prescribed;  provided,  however,  if  said  acceptance  and  bond  shall  not 
be  filed  as  aforesaid  within  sixty  days  from  the  passage  hereof,  this  or- 
dinance shall  be  void  and  of  no  effect. 

§ 339.  Illinois  Central  Railroad  company. 

If  1.  Preamble. 

If  2.  Lake  Park  extended — submerged  land  reclaimed — boundaries. 

if  3.  Grant  — reclaimed  land  extension  — Randolph  and  Adams 
streets — use — costs. 

If  4.  Grant — reclaimed  land  between  Eldredge  court  and  Lake  Park 
place. 

ff  5.  Grant — submerged  land  between  Lake  Park  place  and  Thir- 
teenth street  pier. 

ff  6.  Conditions  of  grant : 

a.  Depression  of  tracks — specifications. 

b.  Retaining  walls — fences — specifications. 

c.  Viaducts — carriage  and  footways — specifications. 

d.  Randolph  street  viaduct. 

e.  Retaining  wall  along  eastern  dock  line,  etc. 

f.  Material  for  filling  Lake  Front  park. 

g.  Land  surrendered  to  city. 

h.  Prosecution  of  work. 

If  7.  Depot — location — conditions — water  pipes,  etc. 

If  8.  Conduits  and  drainage  pipes. 

if  9.  Buildings  south  of  Lake  Park  place — use  of — grant — exceptions. 

If  10.  Obligations  imposed,  subject  to  use  of  grant. 

if  11.  Riparian  rights  surrendered  to  city — breakwater — rights  of 
eminent  domain  reserved. 

.ff  12.  Supervision  of  work. 

If  13.  Decree  of  September  24,  1888,  to  remain  in  force — exceptions. 

If  14.  Acceptance — contract  to  be  extended. 

if  15.  When  in  force. 

An  ordinance  amicably  adjusting  and  establishing  the  rights  of  the  Illinois  Cen- 
tral Railroad  company  and  the  city  of  Chicago  in  and  to  certain  property 
along  the  shore  of  Lake  Michigan  and  granting  and  relinquishing  certain 
rights  thereto.  (Passed  October  21,  1895.  Accepted  October  28,  1895;  Octo- 
ber 30,  1895,.  and  November  4,  1895.) 

T 1.  Preamble.]  Whereas,  It  was  decided  and  adjudged  in  and  by 


42 


658 


RAILROADS. 


[§  339 


the  final  decree  of  the  Circuit  Court  of  the  United  States  for  the  N orthern 
district  of  Illinois,  entered  September  24,  18 88,  in  the  original  suit  of 
the  People  of  the  State  of  Illinois,  upon  the  relation  of  the  Attorney 
General  of  said  state,  complainants,  against  the  Illinois  Central  Rail- 
road Company  and  the  city  of  Chicago,  defendants,  and  the  cross  suit 
of  the  city  of  Chicago,  complainant,  against  the  Illinois  Central  Rail- 
road Company  and  The  People  of  the  State  of  Illinois,  defendants — 
which  decree  was  afterwards,  in  this  respect,  affirmed  on  appeal  by  the 
Supreme  Court  of  the  United  States — that  (saving  the  rights  of  the 
Illinois  Central  Railroad  Company  defined  in  the  said  decree)  the  fee 
of  all  the  public  grounds  in  the  city  of  Chicago  lying  east  of  Michigan 
avenue  and  between  the  north  line  of  Randolph  street  extended  to 
Lake  Michigan  and  the  north  line  of  block  twenty-three,  extended  to 
the  lake,  in  fractional  section  fifteen  addition  to  Chicago,  including  the 
grounds  upon  which  rest  the  tracks  and  breakwater  constructed  by 
the  Illinois  Central  Railroad  Company,  is  in  the  city  of  Chicago  in 
trust  fcr  public  use;  and  that  the  city  of  Chicago,  as  riparian  owner  of 
said  grounds  on  the  east  or  lake  front  of  said  city,  between  the  north 
line  of  Randolph  street  and  the  north  line  of  said  block  twenty-three, 
ea<ph  of  said  lines  being  produced  to  Lake  Michigan,  and  in  virtue  of 
authority  to  that  end  conferred  by  its  charter,  has,  among  other  pow- 
ers, the  power  to  establish,  construct,  erect  and  keep  in  repair  on  said 
lake  front  east  of  said  premises,  in  such  manner  as  mav  be  consistent 
with  law,  public  landing  places,  wharves,  docks  and  levees,  subject, 
however,  in  the  execution  of  this  power,  to  the  authority  of  the  state 
by  legislation  to  prescribe  the  lines  beyond  which  piers,  docks,  wharves 
and  other  structures  other  than  those  erected  by  the  general  govern- 
ment, may  not  be  extended  into  the  waters  of  the  harbor  that  are  navi- 
gable in  fact,  and  to  such  supervision  and  control  as  the  United  States 
may  rightfully  exercise  in  and  over  said  harbor;  and 

Whereas,  The  public  interests  imperatively  require  that  the  power 
thus  vested  in  the  city  of  Chicago  should  now  be  exercised,  and  per- 
mission has  been  obtained  from  the  secretary  of  war,  according  to  the 
form  of  the  statute  of  the  United  States  in  such  case  made  and  provid- 
ed, to  fill  in  a portion  of  the  outer  harbor  at  Chicago,  as  far  out  as  the 
harbor  line  established  by  the  secretary  of  war  September  22,  1890, 
upon  the  following  conditions: 

1.  That  there  shall  be  constructed  along  the  dock  line,  entirely 
closing  the  area  to  be  filled,  before  any  deposit  whatever  may  be  made, 
a substantial  and  tight  bulkhead  or  retaining  wall,  extending  not  less 
than  six  feet  above  extreme  low  water  in  Lake  Michigan,  so  construct- 
ed that  it  shall  allow  dredging  to  a depth  of  twenty  (26)  feet  against  it, 
and  shall  be  of  sufficient  mass  to  act  as  a retaining  wall  against  a back 
filling  reaching  to  its  top. 

2.  That  not  more  than  two  openings,  one  hundred  feet  in  width 
each,  shall  be  temporarily  left  in  this  retaining  wall  or  bulkhead  for  the 


339] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


659 


passage  of  craft  transporting  the  material  for  filling  or  deposit,  which 
openings  shall  be  closed  upon  notification  by  the  secretary  of  war. 

3.  That  the  plans  of  such  bulkhead  or  retaining  wall  shall  be  sub- 
mitted to  and  receive  the  approval  of  the  secretary  of  war,  and  the 
structure  be  built  in  accordance  with  such  approved  designs. 

4.  That  the  work  so  permitted  to  be  done  shall  be  subject  to  the 
supervision  and  approval  of  the  engineer  officer  of  the  United  States 
army  in  charge  of  the  locality;  and 

Whereas,  It  is  necessary  to  the  successful  prosecution  of  the  said 
work  and  to  secure  safe  and  convenient  access  and  egress  to  and  from 
the  grounds  proposed  to  be  filled  and  reclaimed,  lying  east  of  the 
Illinois  Central  Railroad,  that  an  amicable  arrangement  and  agree- 
ment be  made  by  and  between  the  city  of  Chicago  and  the  Illinois 
Central  Railroad  Company;  and 

Whereas,  The  common  council  of  the  city  of  Chicago  and  the  Illi- 
nois Central  Railroad  Company  entered  into  a contract,  bearing  date 
March  28,  1853,  which  was  duly  executed  under  their  respective  seals, 
by  which,  among  other  things,  the  city  of  Chicago,  for  valuable  consid- 
erations. covenanted  and  agreed  that  said  railroad  company  might 
“enter  upon  and  use  in  perpetuity  for  its  said  line  of  road,  and  for 
works  necessary  to  protect  the  same  from  the  lake,  a width  of  three 
hundred  feet  from  the  southern  boundary  of  said  public  ground,  near 
Twelfth  street,  to  the  northern  line  of  Randolph  street,”  only  a part  of 
which  has  been  occupied  by  said  company;  and  it  is  claimed  by  said 
railroad  company  that  the  city  of  Chicago  is  bound  in  good  faith  to 
carry  out  said  covenant  by  giving  the  license  mentioned  in  the  decree 
of  the  court  in  the  suit  above  referred  to,  which  shall  authorize  said 
company  to  occupy  the  whole  of  said  300  foot  strip;  and 

Whereas,  The  parties  to  said  contract  will  each  be  better  accom- 
modated by  an  arrangement  permitting  the  said  railroad  company  to 
appropriate  and  occupy  for  railroad  purposes  certain  parcels  of  ground 
at  each  end  of  the  said  three  hundred  foot  strip,  instead  of  the  full  width 
of  said  strip  throughout  the  entire  length  thereof:  and 

Whereas,  It  is  understood  that  the  Illinois  Central  Railroad  Com- 
pany is  willing,  for  the  considerations  and  on  the  terms  and  conditions 
hereinafter  set  forth,  to  comply  with  the  provisions  of  this  ordinance, 
so  far  as  they  relate  to  any  matters  or  things  required  of,  or  to  be  un- 
dertaken, done  or  performed  by  said  company;  therefore 

IT  2.  Lake  Park  extended — submerged  land  reclaimed — 
boundaries.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  That  for  the  purpose  of  providing  suitable  public  landing 

places  for  steam  vessels  and  other  craft  employed  in  navigation  on 
Lake  Michigan,  the  public  grounds  of  the  city  of  Chicago,  known  as 
Lake  Park,  lying  east  of  Michigan  avenue  and  between  the  south  line 
of  Randolph  street  and  the  north  line  of  Lake  Park  place  (formerly 
known  as  Park  Row)  shall  be  extended  east  of  the  tracks  and  grounds 


660 


RAILROADS. 


of  the  Illinois  Central  Railroad  Company,  by  enclosing  and  filling  all 
that  space  in  the  shallow  waters  of  Lake  Michigan  within  the  outer 
harbor,  so  called,  included  within  the  following  boundary  lines,  to  wit: 
The  south  line  of  Randolph  street  produced,  on  the  north;  the  harbor 
line  established  by  the  secretary  of  war  September  22,  1890,  on  the 
east;  the  south  line  of  Lake  Park  place  produced  on  the  south,  and 
the  present  westerly  shore  line  of  the  said  outer  harbor,  on  the  west. 

T 3.  Grant — reclaimed  land  between  Randolph  and  Adams 
streets  — use  — costs.]  § 2.  Permission  and  authority  are  hereby 
granted  to  the  said  Illinois  Central  Railroad  Company  to  enter  upon 
and  use  in  perpetuity  for  railroad  purposes  all  that  part  of  the  land  to 
be  filled  and  reclaimed,  as  provided  in  the  preceding  section,  which 
lies  between  its  present  works  and  grounds  on  the  lake  shore  and  the 
following  described  line,  that  is  to  say:  A line  drawn  from  a point  on 
the  present  shore  or  dock  line  seventy  (70)  feet  north  of  the  north  line 
of  Adams  street  produced  east,  and  six  hundred  (600)  feet  east  of  the 
west  line  of  Michigan  avenue,  extending  thence  northeasterly,  on  a six 
degree  (6°)  curve  to  the  right,  about  five  hundred  and  twenty-five  (525) 
feet,  to  a point  seven  hundred  and  fifty-one  (751)  feet  east  of  the  west 
line  of  Michigan  avenue;  thence,  on  a tangent  making  an  angle  of 
thirty-one  degrees  and  thirty  minutes  (310  30')  with  a line  parallel  to 
the  west  line  of  Michigan  avenue,  nine  hundred  and  three  (903)  feet, 
to  a.  point  twelve  hundred  and  thirty  (1230)  feet  east  of  the  west  line 
of  Michigan  avenue;  thence  on  a six  degree  (6°)  curve  to  the  right, 
about  five  hundred  and  fifty  (550)  feet  to  a point  in  the  present 
dock  line  on  or  near  the  south  line  of  Randolph  street  produced,  six- 
teen hundred  and  twenty  (1620)  feet  east  of  the  west  line  of  Michigan 
avenue.  Provided,  however,  that  the  said  railroad  company  shall  either 
pay  to  the  city  the  cost  of  filling  the  said  parcel  of  land  or  shall  do  the 
work  of  filling  at  its  own  expense. 

1 4.  Grant — reclaimed  land  between  Eldredge  court  and 

Lake  Park  place.]  § 3.  Permission  and  authority  are  also  hereby 
granted  to  the  said  Illinois  Central  Railroad  Company  to  enter  upon 
and  use  in  perpetuity  for  railroad  purposes  all  that  part  of  the  land  to 
be  filled  and  reclaimed  as  provided  in  the  first  section  of  this  ordinance, 
which  lies  between  its  present  works  and  grounds  on  the  lake  shore 
and  the  following  described  line,  that  is  to  say:  A line  drawn  from  a 
point  on  the  present  shore  or  dock  line  seventy-four  (74)  feet  north  of 
the  north  line  of  Eldredge  court  produced  east  and  six  hundred  (600) 
feet  east  of  the  west  line  of  Michigan  avenue,  extending  thence  south- 
easterly, on  a four  degree  (40)  curve  to  the  left,  about  two  hundred  and 
fifty  (250)  feet,  to  a point  six  hundred  and  twenty-two  (622)  feet  east 
of  the  west  line  of  Michigan  avenue;  thence,  on  a tangent  to  the  last 
mentioned  curve,  making  an  angle  of  ten  degrees  (io°)  with  a line  par- 
allel to  the  west  line  of  Michigan  avenue,  about  seven  hundred  and 
ninety  (790)  feet  to  a point  in  the  south  line  of  Lake  Park  place,  pro- 


§ 339] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


661 


duced  easterly,  seven  hundred  and  sixty-one  (761)  feet  east  of  the  west 
line  of  Michigan  avenue;  Provided,  however,  that  the  said  railroad 
company  shall  either  pay  to  the  city  the  cost  of  filling  the  said  parcel  of 
land  or  shall  do  the  work  of  filling  at  its  own  expense. 

1 5.  Grant — submerged  land  between  Lake  Park  place  and 
Thirteenth  street  pier.J  § 4.  Permission  and  authority  are  also 
hereby  granted  to  the  said  Illinois  Central  Railroad  Company  to  en- 
ter upon,  fill  in,  appropriate  and  use  in  perpetuity  for  railroad  purposes 
all  that  certain  parcel  of  land  now  covered  by  the  shallow  waters  of  the 
lake  within  the  said  outer  harbor,  which  lies  between  the  present  shore 
line  and  the  following  described  line,  to-wit:  A straight  line  drawn 

from  a point  in  the  south  line  of  Lake  Park  place,  produced  easterly, 
seven  hundred  and  sixty-one  (761)  feet  east  of  the  west  line  of  Mich- 
igan avenue,  extending  thence  southeasterly,  making  an  angle  of  forty- 
five  degrees  (45°)  with  a line  parallel  to  the  west  line  of  Michigan  av- 
enue, about  seven  hundred  and  seventy  (770)  feet,  to  a point  in  the 
north  line  of  the  Illinois  Central  Railroad  Company’s  Thirteenth  street 
pier,  thirteen  hundred  and  twenty  (1320)  feet  east  of  the  west  line  of 
Michigan  avenue;  Provided,  however,  that  the  work  of  filling  the  said 
parcel  of  land  shall  be  done  by  the  said  railroad  company  at  its  own 
expense. 

1"  6.  Conditions  of  grant.]  § 5.  The  permission,  rights  and 
authority  herein  granted  to  the  said  Illinois  Central  Railroad  Com- 
pany, are  upon  the  express  conditions  following,  that  is  to  say: 

a.  Depression  of  tracks— specifications.]  1.  The  said  rail- 

road company  shall,  at  its  own  expense,  cause  that  section  of  its  road- 
bed lying  between  the  following  described  east  and  west  lines,  namely, 
a line  two  hundred  (200)  feet  north  of  the  north  line  of  Peck  court  pro- 
jected east  and  parallel  thereto,'  and  the  north  line  of  Monroe  street 
projected  east,  to  be  depressed  in  such  manner  that  the  base  of  the 
rails  of  the  west  and  east  tracks  laid  thereon  shall  not  exceed  in  eleva- 
tion six  (6)  feet  above  Chicago  city  datum;  and  the  space  between 
these  two  tracks  shall  be  crowned  sufficiently  to  afford  proper  drain- 
age, but  the  base  of  the  rails  of  the  intermediate  tracks  there  laid  shall 
not  exceed  in  elevation  seven  (7)  feet  above  Chicago  city  datum.  North 
and  south  of  the  two  lines  above  described,  the  roadbed  shall  be  so  de- 
pressed and  adjusted  that  the  tracks  laid  thereon  may  be  connected  by 
suitable  gradients  with  the  tracks  laid  or  to  be  laid  north  of  the  south 
line  of  Randolph  street  projected  east,  and  south  of  the  north  line  of 
Lake  Park  place  projected  east. 

b.  Retaining  walls— fences— specifications.]  2.  The  said 

railroad  company  shall,  at  its  own  expense,  cause  two  retaining  walls 
to  be  constructed  of  mason  work,  one  on  the  west  side,  and  the  other 
on  the  east  side,  of  its  roadway  and  grounds  between  Randolph  street 
and  Lake  Park  place,  with  suitable  parapet  walls  or  fences  thereon, 
as  may  be  approved  or  directed  by  the  commissioner  of  public  works 


662 


RAILROADS. 


[§  339 


of  said  city,  to  guard  the  public  from  danger — the  walls  to  be  so  placed 
that  the  east  face  of  the  retaining  wall  on  the  west  side  of  the  said  rail- 
road company’s  right  of  way  shall  be  on  a straight  line  extending  north- 
erly from  a point  in  the  north  line  of  Lake  Park  place,  four  hundred 
(400)  feet  east  of  the  west  line  of  Michigan  avenue,  parallel  to  said  ave- 
nue, to  a point  two  hundred  feet  south  of  the  south  line  of  Randolph 
street  extended,  thence  northwesterly  in  a straight  line  to  a point  in 
the  north  line  of  Randolph  street  one  hundred  (100)  feet  west  of  the 
line  first  above  described  extended  northerly  to  the  north  line  of  Ran- 
dolph street  extended;  and  the  west  face  of  the  east  retaining  wall  shail 
be  on  the  following  described  line:  Commencing  at  a point  in  the 

south  line  of  Lake  Park  place  projected  east,  seven  hundred  and  sixty- 
one  (761)  feet  east  of  the  west  line  of  Michigan  avenue,  extending 
thence  northwesterly  in  a straight  line  seven  hundred  and  ninety  (790) 
feet  to  a point  six  hundred  and  twenty-two  (622)  feet  east  of  the  west 
line  of  Michigan  avenue;  thence  on  a four  degree  (40)  curve  to  the  right, 
to  a point  seventy-four  (74)  feet  north  of  the  north  line  of  Eldredge 
court  produced  east  and  six  hundred  (600)  feet  east  of  the  west  line  of 
Michigan  avenue  ; thence  on  a straight  line  six  hundred  (600)  feet  east 
of  the  west  line  of  Michigan  avenue  and  parallel  thereto,  to  a point 
seventy  (70)  feet  north  of  the  north  line  of  Adams  street  produced  east  ; 
thence  on  a six  degree  (6°)  curve  to  the  right,  about  five  hundred  and 
twenty-five  (525)  feet,  to  a point  seven  hundred  and  fifty-one  (751)  feet 
east  of  the  west  line  of  Michigan  avenue;  thence  on  a tangent,  making 
an  angle  of  thirty-one  degrees  and  thirty  minutes  (310  30')  with  a line  ? 
parallel  to  Michigan  avenue,  nine  hundred  and  three  (903)  feet,  to  a 
point  twelve  hundred  and  thirty  (1230)  feet  east  of  the  west  line  of 
Michigan  avenue ; thence  on  a six  degree  (6°)  curve  to  the  right  to  its  . 
intersection  with  the  north  line  of  Randolph  street  extended.  The  said 
walls  shall  be  raised  to  an  elevation  Of  twenty-two  feet  above  Chicago 
city  datum,  and  shall  be  of  sufficient  strength  and  solidity  to  serve  per-  ; 
manently  the  purpose  for  which  they  are  to  be  erected. 

c.  Viaducts— carriages  and  footways— specifications.]  3. 

The  said  railroad  company  shall  at  its  own  expense  cause  viaducts  to  be 
constructed  across  its  tracks  and  right  of  way  in  line  with  the  projec- 
tion eastward  of  not  more  than  four  streets  between  Randolph  street 
and  Lake  Park  place,  to  be  designated  by  the  city: — each  of  said  via- 
ducts to  have  a carriage-way  and  two  foot-ways.  It  shall  also,  when- 
ever directed  so  to  do  by  the  commissioner  of  public  works  of  said 
city,  cause  a foot-way  to  be  constructed  at  its  own  expense  across  its 
tracks  and  right  of  way,  in  the  line  of  any  other  street  or  streets  be- 
tween Randolph  street  and  Lake  Park  place.  The  superstructure  of 
each  of  said  viaducts  and  foot-ways  shall  be  of  metal  and  the  lowest 
point  of  such  superstructure  shall  not  be  less  than  sixteen  (16)  feet  in 
the  clear  above  the  railroad  tracks. 

d.  Randolph  street  viaduct.]  4.  The  said  railroad  com- 


§ 339] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


663 


pany  shall  also,  at  its  own  expense,  cause  the  Randolph  street  viaduct 
to  be  altered  and  extended  so  as  to  furnish  access  to  the  new  made 
public  ground  east  of  the  railroad  and  also  to  the  grounds  of  the  rail- 
road company  north  of  Randolph  street,  the  said  viaduct  as  so  altered 
and  extended  to  be  maintained  by  the  said  railroad  company  at'  its  own 
cost  and  expense. 

e.  Retaining  wall  along  eastern  dock  line,  etc.]  5-  The 

said  railroad  company  shall  also  at  its  own  expense  cause  a substantial 
and  tight  bulkhead  or  retaining  wall  to  be  constructed  of  timber,  earth 
and  loose  stone,  along  the  eastern  dock  line,  and  also  along  the  south- 
erly line,  of  the  area  to  be  enclosed  and  filled,  as  provided  in  the  first 
section  of  this  ordinance,  conformably  to  the  requirements  of  the  en- 
gineer officer  of  the  United  States  army  having  supervision  of  the  work. 

f.  Material  for  filling  Lake  Front  park.]  6.  The  said 
railroad  company  shall  furnish  and  deliver  on  the  ground,  material  to 
the  extent  of  two  hundred  thousand  (200,000)  cubic  yards,  if  so  much 
shall  be  needed  for  the  purpose,  to  fill  in  the  Lake  Front  park  lying 
. between  said  company's  right  of  way  and  Michigan  avenue,  to  the 
height  of  twenty-two  feet  above  Chicago  city  datum,  along  the  west 
side  of  the  wall  to  be  erected  by  said  company  on  the  westerly  side  of 
said  right  of  way  between  Randolph  street  and  Lake  Park  place,  and 
immediately  adjacent  thereto,  and  to  raise  the  ground  in  the  rest  of 
said  park,  or  so  much  thereof  as  shall  be  deemed  necessary,  so  that  the 
surface  shall  have  a regular  slope  westward  from  the  elevation  on  the 
westerly  side  of  said  wall  down  to  the  grade  of  Michigan  avenue.  To 
facilitate  the  delivery  of  such  material,  the  said  company  shall  have  the 
right  to  lay  temporary  railroad  tracks  in  said  park,  which  shall  be  re- 
moved as  soon  as  the  delivery  is  completed. 

g.  Land  surrendered  to  city.]  7.  The  said  railroad  com- 
pany shall  relinquish  and  surrender  to  the  city  the  two  filled  projections 
into  the  lake  beyond  the  east  line  of  its  right  of  way  at  the  foot  of  Peck 
court  and  Harrison  street,  containing  altogether  about  thirty-four- 
one-hundredths  .(34-100)  of  an  acre;  and  also  any  land  there  may  be 
east  or  outside  of  that  part  of  its  right  of  way,  two  hundred  feet  in  width, 
which  lies  south  of  a line  drawn  across  the  said  right  of  way  seventy  ieet 
north  of  the  north  line  of  Adams  street  produced  easterly  and  parallel 
thereto,  and  north  of  a line  drawn  across  the  said  right  of  way  seventy- 
four  (74)  feet  north  of  the  north  line  of  El  dredge,  court  produced  east- 
erly and  parallel  thereto. 

h.  Prosecution  of  work.]  8.  The  work  herein  required  to 
be  done  by  the  said  railroad  company  shall  be  done  in  such  manner  as 
not  to  unnecessarily  obstruct  the  operation  of  the  railroad,  and  shall 
be  commenced  as  soon  as  practicable,  and  shall  be  thenceforth  prose- 
cuted with  all  due  diligence  to  completion. 

1 7.  Depot — location— conditions — water  pipes,  etc.]  § 6. 

Permission  and  authority  are  hereby  granted  to  the  said  Illinois  Cen- 


664 


RAILROADS. 


tral  Railroad  Company,  in  case  of  its  acceptance  of  the  provisions  of 
this  ordinance,  to  construct,  maintain  and  use,  in  perpetuity,  a rail- 
way passenger  station  house  on  the  public  ground  adjacent  to  and  west 
of  its  right  of  way,  at  the  foot  of  Van  Buren  street  projected  easterly, 
three  hundred  (300)  feet  in  length — that  is  to  say,  extending  from  north 
to  south  one  hundred  and  fifty  (150)  feet  on  each  side  of  the  center  line 
of  Van  Buren  street  projected  easterly — and  fifty  (50)  feet  in  width. 
That  portion  of  the  said  building  situated  within  the  north  and  south 
lines  of  Van  Buren  street  projected  easterly,  shall  not  be  raised  so 
high  as  to  interfere  with  the  construction  of  a viaduct  across  the  said 
right  of  way  at  that  place,  and  the  roofs  of  the  wings  shall  be  so  con- 
structed as  to  admit  of  their  being  covered  with  earth,  and  when  so 
covered,  shall  not  exceed  in  elevation  twenty-two  (22)  feet  above  Chi- 
cago city  datum.  Suitable  and  convenient  entrances  to  the  said  sta- 
tion house  and  exits  therefrom  may  be  constructed  within  the  space 
herein  allowed  to  be  occupied  by  it,  and  necessary  provision  may  be 
made  in  the  roof  of  the  building  to  secure  light  and  ventilation.  Pipes 
connecting  with  the  water  main  on  Michigan  avenue  may  also  be  laid 
to  furnish  water  for  the  use  in  the  station  house,  and  also  pipes  con- 
necting with  the  gas  mains  for  heating  and  lighting  the  same.  Proper 
connections  may  also  be  made  with  the  works  or  lines  of  any  com- 
pany furnishing  heat,  light  or  power  required  for  use  in  lighting,  heat- 
ing or  ventilating  the  said  building. 

IT  8.  Conduits  and  drainage  pipes.]  § 7.  The  said  railroad 
company  shall  have  the  right  to  lay  and  maintain  permanently,  nec- 
essary conduits  and  drainage  pipes  to  secure  proper  and  adequate 
drainage  of  its  right  of  way  between  Randolph  street  and  Lake  Park 
place,  with  the  privilege  of  discharging  into  the  lake  or  the  most  con- 
venient city  sewers. 

1"  9.  Buildings  south  of  Lake  Park  place — use  of— grant — 
exceptions.]  § 8.  The  structures  heretofore  erected  by  the  Illinois 
Central  Railroad  Company  south  of  the  north  line  of  Lake  Park  place 
projected  easterly  and  in  front  of  its  passenger  station  house,  may  be 
permanently  maintained  by  said  company;  and  in  case  of  the  accept- 
ance of  this  ordinance,  the  said  railroad  company  shall  have  the  right 
to  use,  in  perpetuity,  its  grounds  and  right  of  way  between  the  north 
line  of  Randolph  street  and  the  southern  boundary  of  the  Lake  Park, 
and  the  railroad  tracks  laid  or  to  be  laid  thereon  for  all  legitimate 
railroad  purposes,  free  from  all  restrictions,  except  that  no  building  or 
other  structure  shall  be  erected  upon  that  portion  of  its  right  of  way 
exceeding  in  height  the  top  of  the  wall  maintained  along  the  west  side 
thereof,  or,  when  erected  at  street  crossings,  the  floor  of  the  viaduct  or 
footway  there  constructed,  except  by  consent  of  the  municipal  author- 
ities. But  nothing  in  this  section  contained  shall  be  held  to  limit  or 
impair  the  lawful  authority  vested  in  the  city  council  to  pass  and  en- 
force all  proper  and  reasonable  police  regulations. 


§ 339] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


665 


f 10.  Obligations  imposed,  subject  to  use  of  grant.]  § 9 

That  the  performance  of  all  and  singular  the  conditions  and  obligations 
imposed  on  the  said  railroad  company  by  the  provisions  of  this  ordi- 
nance, shall  be  conditional  and  dependent  upon  its  being  permitted  to 
have,  exercise  and  enjoy  all  the  rights  and  privileges  hereinbefore  con- 
ferred, and  upon  its  acquiring  possession  and  the  unobstructed  right 
to  occupy,  reclaim  and  use  the  grounds  hereinbefore  authorized  to  be 
occupied  and  used  by  it,  in  accordance  with  the  terms  and  manifest 
intent  of  the  provisions  of  this  ordinance. 

1 11.  Riparian  rights  surrendered  to  city — breakwater- 
rights  of  eminent  domain  reserved.]  § 10.  The  said  railroad  com- 
pany shall  relinquish  and  surrender  to  the  city  any  riparian  or  littoral 
rights  it  may  have  incident  or  appurtenant  to  the  land  owned  or  occu- 
pied by  it  on  the  shore  of  the  lake  between  the  north  linq  of  Lake  Park 
place  projected  and  the  north  line  of  Twelfth  street  projected,  upon  the 
condition,  however,  that  the  area  covered  by  water  lying  east  or  outside 
of  the  parcel  of  land  which  said  railroad  company  is  authorized  to  fill 
in  and  reclaim  for  its  own  use  by  the  fourth  section  of  this  ordinance, 
and  between  the  south  line  of  Lake  Park  place  projected  east,  and  the 
said  railroad  company’s  Thirteenth  street  pier,  shall  never  be  filled  in, 
or  access  thereto  from  the  waters  of  the  lake  obstructed,  without  the 
consent  of  said  railroad  company,  excepting  only  that  the  said  rail- 
road company  shall,  if  the  requisite  permission  therefor  shall  be  ob- 
tained from  the  secretary  of  war,  construct,  at  its  own  expense,  a sub- 
stantial bulkhead  or  breakwater  about  fifty  feet  wide,  from  the  north- 
east angle  of  said  Thirteenth  street  pier,  in  a northerly  direction,  on 
the  same  line  as  the  eastern  edge  of  that  pier,  for  the  distance  of  two 
hundred  and  fifty  (250)  feet,  provided,  however,  that  nothing  herein 
contained  shall  be  held  to  affect  the  rights  of  the  city  of  Chicago  to  ex- 
ercise its  rights  of  eminent  domain — the  pier  so  constructed  to  be  main- 
tained by  the  said  railroad  company  and  reserved  for  its  own  exclusive 
use;  and  also  a like  substantial  bulkhead  or  breakwater  of  the  same 
width,  from  the  southeast  angle  of  the  ground  to  be  enclosed  and  filled, 
as  provided  in  the  first  section  of  this  ordinance,  in  a southerly  direc- 
tion, to  a point  one  hundred  (100)  feet  south  of  the  south  line  of  Lake 
Park  place  projected— the  said  last  mentioned  pier  to  be  maintained 
by  the  city  of  Chicago  and  held  for  public  use. 

IT  12.  Supervision  of  work.]  § 11.  All  public  work  herein 
required  to  be  done  by  the  said  railroad  company  shall  be  done  under 
the  supervision  and  to  the  satisfaction  of  the  commissioner  of  public 
works  of  the  city  of  Chicago. 

T 13.  Decree  of  September  24,  1888,  to  remain  in  force- 
exceptions.]  § 12.  Nothing  herein  contained  shall  be  held  to  mod- 
ify or  in  any  way  affect  the  final  decree  rendered  in  the  suit  between 
the  people  of  the  state  of  Illinois  and  the  Illinois  Central  Railroad  Com- 
pany and  the  city  of  Chicago,  hereinbefore  referred  to,  except  to  the 


666  RAILROADS.  [§  339a 

extent  and  in  respect  of  the  particular  matters  and  things  hereinbefore 
provided  for. 

If  14.  Acceptance — contract  to  be  executed.]  § 13.  Upon 
the  acceptance  of  this  ordinance  by  the  said  railroad  company  (which 
shall  be  within  thirty  days  after  the  passage  thereof),  a contract  em- 
bodying the  provisions  herein  contained,  and  binding  the  parties  to 
the  faithful  observance  and  performance  thereof,  shall  be  executed, 
sealed  and  delivered  by  the  proper  officers  of  the  city  and  the  railroad 
company,  which  shall  be  of  perpetual  obligation. 

IT  15.  When  in  force.]  § 14.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 

Note. — See  the  following  contract. 

§ 339a.  Illinois  Central  Railroad  company. 

If  1.  Preamble. 

IT  2.  Copy  of  ordinance  of  October  21,  1895. 

IT  3.  Preamble  continued. 

^f  4.  Agreement  binding  parties  to  terms  of  foregoing  ordinance. 

An  agreement  between  the  Illinois  Central  Railroad  company  and  the  city  of 

Chicago  relative  to  the  foregoing  ordinance.  (Dated  November  20,  1895. 

Presented  to  the  city  council  by  the  mayor  and  ordered  published  and 

placed  on  file  December  2,  1895.) 

If  1.  Preamble.]  Agreement  made  this  twentieth  day  of  No- 
vember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
ninety-five,  between  the  city  of  Chicago  and  the  Illinois  Central  Rail- 
road Company: 

Whereas,  An  ordinance  was  duly  passed  by  the  city  council  of 
the  city  of  Chicago,  in  the  state  of  Illinois,  on  the  twenty-first  day  of 
October,  A.  D.  1895,  and  approved  by  the  mayor  of  said  city  on  the 
twenty-third  day  of  October,  A.  D.  1895,  in  the  words  and  figures 
hereinafter  set  forth:  and 

Whereas,  At  a meeting  of  the  board  of  directors  of  the  said  Illinois 
Central  Railroad  Company,  held  on  the  twenty-eighth  day  of  October, 
A.  D.  1895,  the  following  proceedings  were  had,  that  is  to  say: 

“The  president  submitted  an  attested  copy  of  an  ordinance  passed 
by  the  city  council  of  Chicago,  October  21st,  1895,  and  approved  by 
the  mayor  of  said  city  October  23rd,  1895,  duly  certified  by  the  city 
clerk  under  the  corporate  seal  of  said  city, — the  said  ordinance  being  as 
follows : 

T 2.  Copy  of  ordinance  of  October  21,  1895.1  Whereas, 
It  was  decided  and  adjudged  in  and  by  the  final  decree  of  the  circuit 
court  of  the  United  States  for  the  northern  district  of  Illinois,  entered 
September  24th,  1888,  in  the  original  suit  of  the  people  of  the  state  of 
Illinois,  upon  the  relation  of  the  attorney  general  of  said  state,  com- 
plainants, against  the  Illinois  Central  Railroad  Company  and  the  city 
of  Chicago,  defendants,  and  the  cross  suit  of  the  city  of  Chicago,  com- 
plainant, against  the  Illinois  Central  Railroad  Company  and  the  people 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


667 


339^] 


of  the  state  of  Illinois,  defendants,- — which  decree  was  afterwards,  in 
this  respect,  affirmed  on  appeal  by  the  supreme  court  of  the  United 
States, — that  (saving  the  rights'  of  the  Illinois  Central  Railroad  Com- 
pany defined  in  the  said  decree)  the  fee  of  all  the  public  grounds  in  the 
city  of  Chicago  lying  east  of  Michigan  avenue  and  between  the  north 
line  of  Randolph  street,  extended  to  Lake  Michigan,  and  the  north 
line  of  block  twenty-three  extended  to  the  lake,  in  fractional  section 
fifteen  addition  to  Chicago,  including  the  grounds  upon  which  rest  the 
tracks  and  breakwater  constructed  by  the  Illinois  Central  Railroad 
Company,  is  in  the  city  of  Chicago  in  trust  for  public  use ; and  that  the 
city  of  Chicago,  as  riparian  owner  of  said  grounds  on  the  east  or  lake 
front  of  said  city,  between  the  north  line  of  Randolph  street  and  the 
north  line  of  said  block  twenty-three,  each  of  said  lines  being  produced 
to  Lake  Michigan,  and  in  virtue  of  authority  to  that  end  conferred  by 
its  charter,  has,  among  other  powers,  the  power  to  establish,  construct, 
erect  and  keep  in  repair  on  said  lake  front,  east  of  said  premises,  in  such 
manner  as  may  be  consistent  with  law,  public  landing  places,  wharves, 
docks  and  levees,  subject,  however,  in  the  execution  of  this  power,  to 
the  authority  of  the  state  by  legislation  to  prescribe  the  lines  beyond 
which  piers,  docks,  wharves  and  other  structures  other  than  those  erect- 
ed by  the  general  government,  may  not  be  extended  into  the  waters 
of  the  harbor  that  are  navigable  in  fact,  and  to  such  supervision  and 
control  as  the  United  States  may  rightfully  exercise  in  and  over  said 
harbor;  and 

“Whereas,  The  public  interests  imperatively  require  that  the  power 
thus  vested  in  the  city  of  Chicago  should  now  be  exercised,  and  per- 
mission has  been  obtained  from  the  secretary  of  war,  according  to  the 
form  of  the  statute  of  the  United  States  in  such  case  made  and  pro- 
vided, to  fill  in  a portion  of  the  outer  harbor  at  Chicago,  as  far  out  as 
the  harbor  line  established  by  the  secretary  of  war,  September  22nd, 
1890,  upon  the  following  conditions: 

“1.  That  there  shall  be  constructed  along  the  dock  line,  entirely 
closing  the  area  to  be  filled,  before  any  deposit  whatever  may  be  made, 
a substantial  and  tight  bulkhead  or  retaining  wall,  extending  not  less 
than  six  feet  above  extreme  low  water  in  Lake  Michigan,  so  con- 
structed that  it  shall  allow  dredging  to  a depth  of  twenty  (20)  feet 
against  it,  arid  shall  be  of  sufficient  mass  to  act  as  a retaining  wall 
against  a back  filling  reaching  to  its  top. 

“2.  That  not  more  than  two  openings,  one  hundred  feet  in  width 
each,  shall  be  temporarily  left  in  this  retaining  wall  or  bulkhead  for 
the  passage  of  craft  transporting  the  material  for  filling  or  deposit, 
which  openings  shall  be  closed  upon  notification  by  the  secretary  of 
war. 

“3.  That  the  plans  of  such  bulkhead  or  retaining  wall  shall  be 
submitted  to  and  receive  the  approval  of  the  secretarv  of  war,  and  the 
structure  be  built  in  accordance  with  such  approved  designs. 

“4.  That  the  work  so  permitted  to  be  done  shall  be  subject  to  the 


668 


RAILROADS. 


supervision  and  approval  of  the  engineer  officer  of  the  United  States 
army  in  charge  of  the  locality;  and 

“Whereas,  It  is  necessary  to  the  successful  prosecution  of  the  said 
work  and  to  secure  safe  and  convenient  access  and  egress  to  and  from 
the  grounds  proposed  to  be  filled  and  reclaimed,  lying  east  of  the  Il- 
linois Central  railroad,  that  an  amicable  arrangement  and , agreement 
be  made  by  and  between  the  city  of  Chicago,  and  the  Illinois  Central 
Railroad  Company;  and 

“Whereas,  The  common  council  of  the  city  of  Chicago,  and  the 
Illinois  Central  Railroad  Company,  entered  into  a contract,  bearing 
date  March  28th,  1853,  which  was  duly  executed  under  their  respective 
seals,  by  which,  among  other  things,  the  city  of  Chicago,  for  valuable 
considerations,  covenanted  and  agreed  that  said  railroad  company 
might  ‘enter  upon  and  use  in  perpetuity  for  its  said  line  of  road,  and 
for  works  necessary  to  protect  the  same  from  the  lake,  a width  of  300 
feet  from  the  southern  boundary  of  said  public  ground,  near  Twelfth 
street,  to  the  northern  line  of  Randolph  street,’  only  a part  of  which 
has  been  occupied  by  said  company;  and  it  is  claimed  by  said  railroad 
company  that  the  city  of  Chicago  is  bound  in  good  faith  to  carry  out 
said  covenant,  by  giving  the  license  mentioned  in  the  decree  of  the 
court,  in  the  suit  above  referred  to,  which  shall  authorize  said  company 
to  occupy  the  whole  of  said  300  foot  strip ; and 

“Whereas,  The  parties  to  said  contract  will  each  be  better  ac- 
commodated by  an  arrangement  permitting  the  said  railroad  company 
to  appropriate  and  occupy  for  railroad  purposes  certain  parcels  of 
ground  at  each  end  of  the  said  three  hundred  foot  strip,  instead  of  the 
full  width  of  said  strip  throughout  the  entire  length  thereof ; and 

“Whereas,  It  is  understood  that  the  Illinois  Central  Railroad  Com- 
pany is  willing,  for  the  considerations  and  on  the  terms  and  conditions 
hereinafter  set  forth,  to  comply  with  the  provisions  of  this  ordinance, 
so  far  as  they  relate  to  any  matters  or  things  required  of,  or  to  be  un- 
dertaken, done  or  performed  by  said  company;  therefore, 

§ 1.  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago; 
That  for  the  purpose  of  providing  suitable  public  landing 
places  for  steam  vessels  and  other  craft  employed  in  navigation  on 
Lake  Michigan,  the  public  grounds  of  the  city  of  Chicago,  known  as 
lake  park,  lying  east  of  Michigan  avenue  and  between  the  south  line 
of  Randolph  street  and  the  north  line  of  Lake  Park  place  (formerly 
known  as  Park  Row),  shall  be  extended  east  of  the  tracks  and  grounds 
of  the  Illinois  Central  Railroad  Company,  by  enclosing  and  filling  all 
that  space  in  the  shallow  waters  of  Lake  Michigan  within  the  outer 
harbor,  so  called,  included  within  the  following  boundary  lines,  to-wit: 
The  south  line  of  Randolph  street  produced,  on  the  north;  the  harbor 
line  established  by  the  secretary  of  war,  September  22nd,  1890,  on  the 
east;  the  south  line  of  Lake  Park  place  produced  on  the  south;  and 
the  present  westerly  shore  line  of  the  said  outer  harbor  on  the  west. 

“§  2.  Permission  and  authority  are  hereby  granted  to  the  said 


§ 339a] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


669 


Illinois  Central  Railroad  Company  to  enter  upon  and  use  in  perpetuity 
for  railroad  purposes  all  that  part  of  the  land  to  be  filled  and  reclaimed, 
as  provided  in  the  preceding  section,  which  lies  between  its  present 
works  and  grounds  on  the  lake  shore  and  the  following’  described  line, 
that  is  to  say:  A line  drawn  from  a point  on  the  present  shore  or  dock 
line  seventy  (70)  feet  north  of  the  north  line  of  Adams  street  produced 
east,  and  six  hundred  (600)  feet  east  of  the  west  line  of  Michigan  ave- 
nue. extending  thence  northeasterly  on  a six  degree  (6°)  curve  to  the 
right,  about  five  hundred  and  twenty-five  (525)  feet,  to  a point  seven 
hundred  and  fifty-one  (751)  feet  east  of  the  west  line  of  Michigan  ave- 
nue; thence  on  a tangent  making  an  angle  of  thirty-one  degrees  and 
thirty  minutes  (310  30b  with  a line  parallel  to  the  west  line  of  Michigan 
avenue,  nine  hundred  and  three  (903)  feet,  t p a point  twelve  hundred 
and  thirty  (1230)  feet  east  of  the  west  line  of  Michigan  avenue;  thence 
on  a six  degree  (6°)  curve  to  the  right,  about  five  hundred  and  fifty 
(550)  feet,  to  a point  in  the  present  dock  line  on  or  near  the  south  line 
of  Randolph  street  produced,  sixteen  hundred  and  twenty  (1620)  feet 
east  of  the  west  line  of  Michigan  avenue;  Provided,  however,  that  the 
said  railroad  company  shall  either  pay  to  the  city  the  cost  of  filling  the 
said  parcel  of  land  or  shall  do  the  work  of  filling  at  its  own  expense. 

“§  3.  Permission  and  authority  are  also  hereby  granted  to  the 
said  Illinois  Central  Railroad  Company  to  enter  upon  and  use  in  per- 
petuity for  railroad  purposes  all  that  part  of  the  land  to  be  filled  and 
reclaimed  as  provided  in  the  first  section  of  this  ordinance,  which  lies 
between  its  present  works  and  grounds  on  the  lake  shore  and  the  fol- 
lowing described  line,  that  is  to  say:  A line  drawn  from  a point  on 

the  present  shore  or  dock  line  seventy-four  (74)  feet  north  of  the  north 
line  of  Eldredge  court  produced  east  and  six  hundred  (600)  feet  east 
of  the  west  line  of  Michigan  avenue,  extending' thence  southeasterly, 
on  a four  degree  (40)  curve  to  the  left,  about  two  hundred  and  fifty  (250) 
feet,  to  a point  six  hundred  and  twenty-two  (622)  feet  east  of  the  west 
line  of  Michigan  avenue;  thence  on  a tangent  to  the  last  mentioned 
curve  making  an  angle  of  ten  degrees  (io°)  with  a line  parallel  to  the 
west  line  of  Michigan  avenue,  about  seven  hundred  and  ninety  (790) 
feet  to  a point  in  the  south  line  of  Lake  Park  place,  produced  easterly, 
seven  hundred  and  sixtv-one  (761)  feet  east  of  the  west  line  of  Mich- 
igan avenue;  Provided,  however,  that  the  said  railroad  company  shall 
either  pay  to  the  city  the  cost  of  filling  the  said  parcel  of  land,  or  shall 
do  the  work  of  filling  at  its  own  expense. 

“§  4.  Permission  and  authority  are  also  hereby  granted  to  the 
said  Illinois  Central  Railroad  Company  to  enter  upon,  fill  in,  appro- 
priate and  use  in  perpetuity  for  railroad  purposes  all  that  certain  par- 
cel of  land  now  covered  by  the  shallow  waters  of  the  lake  within  the 
said  outer  harbor,  which  lies  between  the  present  shore  line  and  the 
following  described  line,  to-wit:  A straight  line  drawn  from  a point 
in  the  south  line  of  Lake  Park  place,  produced  easterly,  seven  hundred 
and  sixty-one  (76 1)  feet  east  of  the  west  line  of  Michigan  avenue,  ex- 


670 


RAILROADS. 


[§  339a 


tending  thence  southeasterly,  making  an  angle  of  forty-five  degrees 
(450)  with  a line  parallel  to  the  west  line  of  Michigan  avenue,  about 
seven  hundred  and  seventy  (770)  feet,  to  a point  in  the  north  line  of  the 
Illinois  Central  Railroad  Company’s  Thirteenth  street  pier,  thirteen 
hundred  and  twenty  (1320)  feet  east  of  the  west  line  of  Michigan  ave- 
nue ; Provided,  however,  that  the  work  of  filling  the  said  parcel  of  land 
shall  be  done  by  the  said  railroad  company  at  its  own  expense. 

“§  5.  The  permission,  rights  and  authority  herein  granted  to  the 
said  Illinois  Central  Railroad  Company,  are  upon  the  express  condi- 
tions following,  that  is  to  say: 

“1.  The  said  railroad  company  shall,  at  its  own  expense,  cause 
that  section  of  its  roadbed,  lying  between  the  following  described  east 
and  west  lines,  namely,  a line  two  hundred  (200)  feet  north  of  the  north 
line  of  Peck  court  projected,  east  and  parallel  thereto,  and  the  north 
line  of  Monroe  street  projected  east,  to  be  depressed  in  such  manner 
that  the  base  of  the  rails  of  the  west  and  east  tracks  laid  thereon  shall 
not  exceed  in  elevation  six  (6)  feet  above  Chicago  city  datum ; and  the 
space  between  those  two  tracks  shall.be  crowned  sufficiently  to  afford 
proper  drainage,  but  the  base  of  the  rails  of  the  intermediate  tracks 
there  laid  shall  not  exceed  in  elevation  seven  (7)  feet  above  Chicago  city 
datum.  North  and  south  of  the  two  lines  above  described,  the  road- 
bed shall  be  so  depressed  and  adjusted  that  the  tracks  laid  thereon  may 
be  connected  by  suitable  gradients  with  the  tracks  laid  or  to  be  laid 
north  of  the  south  line  of  Randolph  street  projected  east,  and  south  of 
the  north  line  of  Lake  Park  place  projected  east. 

“2.  The  said  railroad  company  shall,  at  its  own  expense,  cause 
two  retaining  walls  to  be  constructed  of  mason  work,  one  on  the  west 
side,  and  the  other  on  the  east  side,  of  its  roadway  and  grounds  be- 
tween Randolph  street  and  Lake  Park  place,  with  suitable  parapet  walls 
or  fences  thereon,  as  may  be  approved  or  directed  by  the  commissioner 
of  public  works  of  said  city,  to  guard  the  public  from  danger, — the  walls 
to  be  so  placed  that  the  east  face  of  the  retaining  wall  on  the  west  side 
of  the  said  railroad  company’s  right  of  way,  shall  be  on  a straight  line 
extending  northerly  from  a point  in  the  north  line  of  Lake  Park  place 
four  hundred  (400)  feet  east  of  the  west  line  of  Michigan  avenue,  par- 
allel to  said  avenue,  to  a point  two  hundred  feet  south  of  the  south  line 
of  Randolph  street  extended;  thence  northwesterly,  in  a straight  line, 
to  a point  in  the  north  line  of  Randolph  street  one  hundred  (100)  feet 
west  of  the  line  first  above  described  extended  northerly  to  the  north 
line  of  Randolph  street  extended;  and  the  west  face  of  the  east  retain-' 
ing  wall  shall  be  on  the  following  described  line : Commencing  at  a 

point  in  the  south  line  of  Lake  Park  place  projected  east  seven  hun- 
dred and  sixty-one  (761)  feet  east  of  the  west  line  of  Michigan  avenue, 
extending  thence  northwesterly,  in  a straight  line,  seven  hundred  and 
ninety  (790)  feet,  to  a point  six  hundred  and  twentv-two  (622)  feet  east 
of  the  west  line  of  Michigan  avenue;  thence,  on  a four  degree  (40)  curve 
to  the  right,  to  a point  seventy-four  (74)  feet  north  of  the  north  line  of 


i 


1 

I 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


671 


§ 339^] 


Eldredge  court  produced  east  and  six  hundred  (600)  feet  east  of  the 
west  line  of  Michigan  avenue;  thence,  on  a straight  line  six  hundred 
(600)  feet  east  of  the  west  line  of  Michigan  avenue  and  parallel  thereto, 
to  a point  seventy  (70)  feet  north  of  the  north  line  of  Adams  street  pro- 
duced east;  thence,  on  a six  degree  (6°)  curve  to  the  right,  about  five 
hundred  and  twenty-five  (525)  feet,  to  a point  seven  hundred  and  fifty- 
one  (751)  feet  east  of  the  west  line  of  Michigan  avenue;  thence,,  on  a 
tangent  making  an  angle  of  thirty-one  degrees  and  thirty  minutes 
(310  30')  with  a line  parallel  to  Michigan  avenue,  nine  hundred  and 
three  (903)  feet,  to  a point  twelve  hundred  and  thirty  (1230)  feet  east 
of  the  west  line  of  Michigan  avenue;  thence  on  a six  degree  (6°)  curve 
to  the  right,  to  its  intersection  with  the  north  line  of  Randolph  street 
extended.  The  said  walls  shall  be  raised  to  an  elevation  of  twenty-two 
feet  above  Chicago  city  datum,  and  shall  be  of  sufficient  strength  and 
solidity  to  serve  permanently  the  purpose  for  which  they  are  to  be 
erected. 

“3.  The  said  railroad  company  shall,  at  its  own  expense,  cause 
viaducts  to  be  constructed  across  its  tracks  and  right  of  way,  in  line 
with  the  projection  eastward  of  not  more  than  four  streets,  between 
Randolph  street  and  Lake  Park  place,  to  be  designated  by  the  city' — 
each  of  said  viaducts  to  have  a carriage-way  and  two  foot-ways,  it 
shall  also,  whenever  directed  so  to  do  by  the  commissioner  of  public 
works  of  said  city,  cause  a foot-way  to  be  constructed  at  its  own  ex- 
pense across  its  tracks  and  right  of  way,  in  the  line  of  any  other  street 
or  streets  between  Randolph  street  and  Lake  Park  place.  The  super- 
structure of  each  of  said  viaducts  and  foot-ways  shall  be  of  metal,  and 
the  lowest  point  of  such  superstructure  shall  not  be  less  than  sixteen 
(16)  feet  in  the  clear  above  the  railroad  tracks. 

“4.  The  said  railroad  company  shall  also,  at  its  own  expense, 
cause  the  Randolph  street  viaduct  to  be  altered  and  extended  so  as  to 
furnish  access  to  the  new  made  public  ground  east  of  the  railroad,  and 
also  to  the  grounds  of  the  railroad  company  north  of  Randolph  street, 
the  said  viaduct  as  so  altered  and  extended  to  be  maintained  by  the  said 
railroad  company  at  its  own  cost  and  expense. 

“5.  The  said  railroad  company  shall  also,  at  its  own  expense, 
cause  a substantial  and  tight  bulkhead  or  retaining  wall  to  be  con- 
structed of  timber,  earth  and  loose  stone,  along  the  eastern  dock  line, 
and  also  along  the  southerly  line,  of  the  area  to  be  enclosed  and  filled, 
as  provided  in  the  first  section  of  this  ordinance,  conformably  to  the 
requirements  of  the  engineer  officer  of  the 'United  States  army  having 
supervision  of  the  work. 

“6.  The  said  railroad  company  shall  furnish  and  deliver  on  the 
ground,  material  to  the  extent  of  two  hundred  thousand  (200,000)  cubic 
yards,  if  so  much  shall  be  needed  for  the  purpose,  to  fill  in  the  lake 
front  park  lying  between  said  company’s  right  of  way  and  Michigan 
avenue,  to  the  height  of  twenty-two  feet  above  Chicago  city  datum 
along  the  west  side  of  the  wall  to  be  erected  by  said  company  on  the 


672 


RAILROADS. 


[339^ 


westerly  side  of  said  right  of  way  between  Randolph  street  and  Lake 
Park  place  and  immediately  adjacent  thereto,  and  to  raise  the  ground 
in  the  rest  of  said  park,  or  so  much  thereof  as  shall  be  deemed  neces- 
sary, so  that  the  surface  shall  have  a regular  slope  westward  from  the 
elevation  on  the  westerly  side  of  said  wall  down  to  the  grade  of  Mich- 
igan avenue.  To  facilitate  the  delivery  of  such  material,  the  said  com- 
pany shall  have  the  right  to  lay  temporary  railroad  tracks  in  said  park, 
which  shall  be  removed  as  soon  as  the  delivery  is  completed. 

“7.  The  said  railroad  company  shall  relinquish  and  surrender  to 
the  city  the  two  filled  projections  into  the  lake  beyond  the  east  line  of  its 
right  of  way  at  the  foot  of  Peck  court  and  Harrison  street,  containing 
altogether  about  thirty-four  one-hundredths  (34-100)  of  an  acre;  and 
also  any  land  there  may  be  east  or  outside  of  that  part  of  its  right  of 
way,  two  hundred  feet  in  width,  which  lies  south  of  a line  drawn  across 
the  said  right  of  way  seventy  feet  north  of  the  north  line  of  Adams 
street,  produced  easterly  and  parallel  thereto,  and  north  of  a line  drawn 
across  the  said  right  of  way  seventy-four  (74)  feet  north  of  the  north 
line  of  Eldredge  court,  produced  easterly  and  parallel  thereto. 

“8.  The  work  herein  required  to  be  done  by  the  said  railroad 
company  shall  be  done  in  such  manner  as  not  to  unnecessarily  obstruct 
the  operation  of  the  railroad,  and  shall  be  commenced  as  soon  as  prac- 
ticable, and  shall  be  thenceforth  prosecuted  with  all  due  diligence  to 
completion. 

“§  6.  Permission  and  authority  are  hereby  granted  to  the  said 
Illinois  Central  Railroad  Company,  in  case  of  its  acceptance  of  the 
provisions  of  this  ordinance,  to  construct,  maintain  and  use,  in  per- 
petuity, a railway  passenger  station  house  on  the  public  ground  ad- 
jacent to  and  west  of  its  right  of  way,  at  the  foot  of  Van  Buren  street 
projected  easterly,  three  hundred  (300)  feet  in  length — that  is  to  say, 
extending  from  north  to  south  one  hundred  and  fifty  (150)  feet  on 
each  side  of  the  center  line  of  Van  Buren  street  projected  easterly — 
and  fifty  (50)  feet  in  width.  That  portion  of  the  said  building  situated 
within  the  north  and  south  lines  of  Van  Buren  street  projected  easterly, 
shall  not  be  raised  so  high  as  to  interfere  with  the  construction  of  a 
viaduct  across  the  said  right  of  way  at  that  place,  and  the  roofs  of  the 
wings  shall  be  so  constructed  as  to  admit  of  their  being  covered  with 
earth,  and  when  so  covered,  shalT  not  exceed  in  elevation  twenty-two 
(22)  feet  above  Chicago  city  datum.  Suitable  and  convenient  entrances 
to  the  said  station  house  and  exits  therefrom  may  be  constructed  within 
the  space  herein  allowed  to  be  occupied  by  it,  and  necessary  provision 
may  be  made  in  the  roof  of  the  building  to  secure  light  and  ventilation. 
Pipes  connecting  with  the  water  main  on  Michigan  avenue  may  also 
be  laid  to  furnish  water  for  use  in  the  station  house,  and  also  pipes  con- 
necting with  the  gas  mains  for  heating  and  lighting  the  same.  Proper 
connections  may  also  be  made  with  the  works  or  lines  of  any  company 
furnishing  heat,  light  or  power  required  for  use  in  lighting,  heating  or 
ventilating  the  said  building. 


§ 339a] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


673 


“§  7.  The  said  railroad  company  shall  have  the  right  to  lay  and 
maintain  permanently,  necessary  conduits  and  drainage  pipes  to  se- 
cure proper  and  adequate  drainage  of  its  right  of  way  between  Ran- 
dolph street  and  Lake  Park  place,  with  the  privilege  of  discharging  into 
the  lake  or  the  most  convenient  city  sewers. 

“§  8.  The  structures  heretofore  erected  by  the  Illinois  Central 
Railroad  Company  south  of  the  north  line  of  Lake  Park  place  pro- 
jected easterly  and  in  front  of  its  passenger  station  house,  may  be  per- 
manently maintained  by  said  company;  and  in  case  of  the  acceptance 
of  this  ordinance,  the  said  railroad  company  shall  have  the  right  to  use 
in  perpetuity  its  grounds  and  right  of  way  between  the  north  line  of 
Randolph  street  and  the  southern  boundary  of  the  lake  park,  and  the 
railroad  tracks  laid  or  to  be  laid  thereon,  for  all  legitimate  railroad  pur- 
poses, free  from  all  restrictions,  except  that,  no  building  or  other  struct- 
ure shall  be  erected  upon  that  portion  of  its  right  of  way  exceeding  in 
height  the  top  of  the  wall  maintained  along  the  west  side  thereof,  or, 
when  erected  at  street  crossings,  the  floor  of  the  viaduct  or  footway 
there  constructed,  except  by  consent  of  the  municipal  authorities.  But 
nothing  in  this  section  contained  shall  be  held  to  limit  or  impair  the 
lawful  authority  vested  in  the  city  council  to  pass  and  enforce  all  proper 
and  reasonable  police  regulations. 

“§  9.  That  the  performance  of  all  and  singular  the  conditions 
and  obligations  imposed  on  the  said  railroad  company  by  the  provis- 
ions of  this  ordinance,  shall  be  conditional  and  dependent  upon  its  be- 
ing permitted  to  have,  exercise  and  enjoy  all  the  rights  and  privileges 
hereinbefore  conferred,  and  upon  its  acquiring  possession  and  the  un- 
obstructed right  to  occupy,  reclaim  and  use  the  grounds  hereinbefore 
authorized  to  be  occupied  and  used  by  it,  in  accordance  with  the  terms 
and  manifest  intent  of  the  provisions  of  this  ordinance. 

“§  10.  The  said  railroad  company  shall  relinquish  and  surrender 
to  the  city  any  riparian  or  littoral  rights  it  may  have  incident  or  appur- 
tenant to  the  land  owned  or  occupied  by  it  on  the  shore  of  the  lake  be- 
tween the  north  line  of  Lake  Park  place  projected  and  the  north  line 
of  Twelfth  street  projected,  upon  the  condition,  however,  that  the  area 
covered  by  water  lying  east  or  outside  of  the  parcel  of  land  which  the 
said  railroad  company  is  authorized  to  fill  in  and  reclaim  for  its  own 
use  by  the  fourth  section  of  this  ordinance,  and  between  the  south  line 
of  Lake  Park  place  projected  east,  and  the  said  railroad  company’s 
Thirteenth  street  pier,  shall  never  be  filled  in,  or  access  thereto  from 
the  waters  of  the  lake  obstructed,  without  the  consent  of  said  railroad 
company,  excepting  only  that  the  said  railroad  company  shall,  if  the 
requisite  permission  therefor  shall  be  obtained  from  the  secretary  of 
war,  construct  at  its  own  expense  a substantial  bulkhead  or  break- 
water about  fifty  feet  wide,  from  the  northeast  angle  of  said  Thirteenth 
street  pier,  in  a northerly  direction,  on  the  same  line  as  the  eastern 
edge  of  that  pier,  for  the  distance  of  two  hundred  and  fifty  (250)  feet; 
provided,  however,  that  nothing  herein  contained  shall  be  held  to  affect 


43 


674 


RAILROADS. 


L§  339^ 


the  rights  of  the  city  of  Chicago  to  exercise  its  rights  of  eminent  do- 
main,— the  pier  so  constructed  to  be  maintained  by  the  said  railroad 
company  and  reserved  for  its  own  exclusive  use;  and  also  a like  sub- 
stantial bulkhead  or  breakwater  of  the  same  width,  from  the  southeast 
angle  of  the  ground  to  be  enclosed  and  filled,  as  provided  in  the  first 
section  of  this  ordinance,  in  a southerly  direction,  to  a point  one  hun- 
dred (100)  feet  south  of  the  south  line  of  Lake  Park  place  projected, — 
the  said  last  mentioned  pier  to  be  maintained  by  the  city  of  Chicago 
and  held  for  public  use. 

“§  11.  All  public  work  herein  required  to  be  done  by  the  said 
railroad  company  shall  be  done  under  the  supervision  and  to  the  sat- 
isfaction of  the  commissioner  of  public  works  of  the  city  of  Chicago. 

“§  12.  Nothing  herein  contained  shall  be  held  to  modify  or  in 
any  way  affect  the  final  decree  rendered  in  the  suit  between  the  people 
of  the  state  of  Illinois  and  the  Illinois  Central  Railroad  Company  and 
the  city  of  Chicago,  hereinbefore  referred  to,  except  to  the  extent  and 
in  respect  of  the  particular  matters  and  things  hereinbefore  provided 
for. 

“§  13.  Upon  the  acceptance  of  this  ordinance  by  the  said  railroad 
company  (which  shall  be  within  thirty  days  after  the  passage  thereof), 
a contract  embodying  the  provisions  herein  contained,  and  binding  the 
parties  to  the  faithful  observance  and  performance  thereof,  shall  be  ex- 
ecuted, sealed  and  delivered  by  the  proper  officers  of  the  city  and  the 
railroad  company,  which  shall  be  of  perpetual  obligation. 

“§  14.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

State  of  Illinois,  ) 

County  of  Cook,  j ss* 

I,  Jas.  R.  B.  Van  Cleave,  city  clerk  of  the  city  of  Chicago,  do 
hereby  certify  that  the  above  and  foregoing  is  a true  and  correct  copy 
of  an  ordinance,  concerning  lake  front  question  with  the  Illinois  Cen- 
tral Railroad  Company,  passed  by  the  city  council  of  the  city  of  Chi- 
cago on  the  21st  day  of  October,  A.  D.  1895,  and  approved  by  his 
honor,  the  mayor,  on  the  23rd  day;  of  October,  A.  D.  1895,  original  of 
which  ordinance  is  on  file  in  this  office,  and  that  I am  the  lawful  cus- 
todian of  the  same. 

Witness  my  hand  and  the  corporate  seal  of  said  city  of  Chicago, 
this  24th  day  of  October,  A.  D.  1895.” 

“(Signed)  JAS.  R.  B.  VAN  CLEAVE,  City  Clerk.” 

(Seal.) 

“Whereupon,  the  said  ordinance  having  been  read  and  considered, 
it  was,  on  motion  duly  made  and  seconded, 

“Resolved,  That  the  Illinois  Central  Railroad  Company  do  hereby 
accept  the  said  ordinance;  and  that  the  president  and  secretary  of  said 
company  be,  and  they  are  hereby,  empowered  and  directed  to  execute 


§ 339a] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


675 


in  its  behalf,  under  its  corporate  seal,  a contract  to  be  drawn  in  con- 
formity to  the  requirements  of  the  13th  section  of  the  said  ordinance, 
embodying  the  provisions  contained  in  said  ordinance,  and  binding  the 
parties  to  the  faithful  observance  and  performance  thereof,  which  shall 
be  of  perpetual  obligation. 

“On  motion  the  secretary  was  directed  to  transmit  to  the  mayor 
of  the  city  of  Chicago  a certified  copy  of  the  proceedings  of  the  board 
in  relation  to  the  acceptance  of  the  foregoing  ordinance,  and  to  the  city 
clerk  of  said  city,  a like  certified  copy  of  the  said  proceedings  to  be 
filed  for  record  in  his  office.” 

T 3.  Preamble,  continued.]  And  whereas,  A certified  copy 
of  the  proceedings  of  the  board  of  directors  of  the  said  Illinois  Central 
Railroad' Company,  above  recited,  duly  attested  by  the  secretary  of  said 
company  under  the  corporate  seal  thereof,  was  on  the  fourth  day  of 
November,  A.  D.  1895,  filed  for  record  in  the  office  of  the  city  clerk 
of  the  said  city  of  Chicago,  and  a like  certified  copy  of  the  said  proceed- 
ings was  on  the  same  day  delivered  to  the  mayor  of  said  city : 

Now,  this  agreement,  made  pursuant  to  the  provisions  of  the  thir- 
teenth section  of  the  said  ordinance. 

•[  4.  Agreement  binding  parties  to  terms  of  foregoing  ordi- 
nance.] . Witnesseth,  That  the  said  city  of  Chicago  and  the  said  Il- 
linois Central  Railroad  Company  do  hereby  mutually  and  severally 
covenant  and  agree  that  the  provisions  contained  in  said  ordinance, 
as  hereinbefore  recited  and  set  forth,  shall  be  of  binding  and  perpetual 
obligation  between  said  contracting  parties,  each  of  them  covenanting 
and  agreeing  with  the  other  to  stand  to,  abide  by,  make  good,  and  faith- 
fully observe  and  perform  all  and  singular  the  concessions,  grants,  stip- 
ulations, conditions  and  undertakings  therein  contained,  according  to 
the  true  intent,  meaning  and  interpretation  thereof. 

“In  witness  whereof,  the  said  city  of  Chicago  has  caused  these 
presents  to  be  subscribed  by  its  mayor,  and  its  corporate  seal,  attested 
by  its  city  clerk,  to  be  hereto  affixed;  and  the  said  Illinois  Central  Rail- 
road Company  has  caused  these  presents  to  be  subscribed  by  its  pres- 
ident and  its  corporate  seal,  attested  by  its  secretary,  to  be  hereto  af- 
fixed, the  day  and  year  first  above  written. 

CITY  OF  CHICAGO, 

By  Geo.  B.  Swift,  Mayor. 
Attest:  Jas.  R.  B.  Van  Cleave,  City  Clerk. 

(Seal.)  ILLINOIS  CENTRAL  RAILROAD  CO., 

By  Stuyvesant  Fish,  President. 
Attest:  Alexander  G.  Hackstaff,  Secretary. 

(Seal.) 

The  above  contract  appears  to  be  correct,  both  in  form  and  sub- 
stance. 

Wm.  G.  Beale,  Corporation  Counsel. 


(Executed  in  duplicate.) 


676 


RAILROADS. 


[§  339 


State  of  Illinois,  ) 

County  of  Cook.  J ss* 

I,  George  A.  Dupuy,  a notary  public  in  and  for  the  said  county  of 
Cook,  do  hereby  certify  that  George  P>.  Swift,  who  is  personally  well 
known  to  me  to  be  the  mayor  of  the  city  of  Chicago  and  the  identical 
person  whose  name  is  subscribed  to  the  foregoing  instrument  as  mayor 
of  said  city,  and  James  R.  B.  Van  Cleave,  who  is  personally  well  known 
to  me  to  be  the  city  clerk  of  the  said  city  of  Chicago  and  the  identical 
person  whose  name  is  subscribed  to  the  foregoing  instrument  as  city 
clerk  of  said  city,  severally  appeared  before  me  this  day  in  person  and 
acknowledged  that  they  signed,  sealed  and  delivered  the  said  instru- 
ment as  the  free  and  voluntary  act  of  the  said  city  of  Chicago  for  the 
uses  and  purposes  therein  set  forth,  and  that  they  severally  executed 
the  same  freely  and  voluntarily  as  mayor  and  city  clerk  of  said  city. 

Given  under  my  hand  and  notarial  seal  this  30th  day  of  November, 
A.  D.  1895. 

GEORGE  A.  DUPUY, 

(Seal.)  Notary  Public. 

State  of  Illinois,  ) 

County  of  Cook.  ( ss* 

I,  John  Dunn,  a notary  public  in  and  for  the  said  county  of  Cook, 
do  hereby  certify  that  Stuyvesant  Fish,  who  is  personally  well  known  to 
me  to  be  the  president  of  the  Illinois  Central  Railroad  Company  and 
the  identical  person  whose  name  is  subscribed  to  the  foregoing  instru- 
ment as  president  of  the  said  company,  and  Alexander  G.  HackstafI, 
who  is  personally  well  known  to  me  to  be  the  secretary  of  the  said 
Illinois  Central  Railroad  Company  and  the  identical  person  whose 
name  is  subscribed  to  the  foregoing  instrument  as  secretary  of  the  said 
company,  severally  appeared  before  me  this  day  in  person  and  ac- 
knowledged that  they  signed,  sealed  and  delivered  the  said  instrument 
as  the  free  and  voluntary  act  of  the  said  Illinois  Central  Railroad  Com- 
pany for  the  uses  and  purposes  therein  set  forth,  and  that  they  severally 
executed  the  same  freely  and  voluntarily  as  president  and  secretary  of 
said  company. 

Given  under  my  hand  and  notarial  seal  this  25th  day  of  November, 
A.  D.  1895. 


(Seal.) 


JOHN  DUNN, 

Notary  Public. 


§ 34°] 


SOUTH  CHICAGO  RAILROAD  COMPANY. 


677 


SOUTH  CHICAGO  RAILROAD  COMPANY. 

§ 340.  South  Chicago  Railroad  company. 

1.  Grant — route — conditions. 

2.  Telegraph — location  of  poles. 

•f[  3.  Subject  to  ordinances. 

•ff  4.  Use  of  streets,  etc. — obstructions. 

5.  Indemnity. 

6.  Bond — conditions. 

7.  Train  service — rates  of  fare. 

8.  Depots — time  for  completion. 

TP  9.  Acceptance. 

An  ordinance  granting  right  of  way  to  the  South  Chicago  Railroad  company. 

(Passed  and  approved  April  3,  1882.  Accepted  April  10,  1882.) 

T 1.  Grant — route — conditions.]  Be  it  ordained  by  the  presi- 
dent and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That 

permission  be  and  the  same  is  hereby  granted  to  the  South  Chicago 
Railroad  Company  to  locate,  construct  and  forever  hereafter  main- 
tain, [and]  operate  with  steam  power  a line  of  railroad  with  one  or 
more  tracks  upon  the  following  route,  in  the  village  of  Hyde  Park, 
namely:  Beginning  at  a point  on  the  Illinois  Central  Railroad,  near 

Seventieth  street;  thence  southeasterly,  on  a curve  to  Seventy-first 
street,  and  thence  east  on  the  center  30  feet  of  Seventy-first  street  to 
Railroad  avenue;  thence  on  Railroad  avenue,  and  along  that  part  of 
said  avenue  lying  within  15  feet  on  each  side  of  the  center  line  thereof, 
to  the  north  line  of  section  31 ; thence  south  and  southeasterly  through 
sections  31  and  32  to  a point  on  or  near  the  intersection  of  the  south 
line  of  section  32,  with  the  street  in  South  Chicago  platted  as  The 
Strand;  thence  to  the  shore  of  Lake  Michigan.  Also  from  a point  on 
the  line  first  above  described,  south  of  the  south  line  of  section  30,  to 
and  across  the  Baltimore  and  Ohio  Railroad,  in  the  southeast  quarter 
of  section  31;  thence  southerly  and  along  the  west  line  of  the  Balti- 
more and  Ohio  Railroad  to  the  Calumet  river.  Also  from  a point  on 
the  first  described  line,  near  the  east  line  of  section  24,  northerly  on  a 
curve  to  a point  near  the  west  line  of  Yates  avenue;  thence  north  on 
land  west  of  Yates  avenue  to  the  Hyde  Park  water  works.  Said  tracks 
to  be  laid  upon  any  ground  now  owned,  or  that  may  hereafter  be  ac- 
quired, by  said  railroad  company  upon  the  line  of  said  route,  and  upon 
and  across  all  streets  and  alleys  on  or  alongside  said  route.  And  au- 
thority and  permission  are  also  hereby  granted  to  said  South  Chi- 
cago Railroad  Company,  to  lay  down  at  any  and  all  times  hereafter 
such  turn-outs,  “Y’s”  and  sidings  on  the  line  above  set  forth,  as  said 
railroad  company  may  deem  necessary  to  enable  it  to  reach  any  rail- 
road station  or  depot  grounds,  elevators,  coal  and  timber  yards,  man- 
ufacturing or  other  establishments;  and  also  to  construct  and  main- 
tain proper  switchingTracks  in  connection  with  its  line  of  railroad, 
or  at  any  railroad  crossing  now  or  hereafter  constructed  in  the  village 
of  Hyde  Park,  to  construct  and  maintain  proper  connections  with  the 


678 


RAILROADS. 


[§  340 


railroads  which  may  be  crossed  or  intersected:  Provided,  that  no 

streets  or  alleys  except  as  herein  expressly  authorized  and  provided, 
shall  be  occupied  by  said  railroad  without  the  consent  of  the  board 
of  trustees  of  the  village  of  Plyde  Park,  or  their  successors  in  authori- 
ty, first  had  and  obtained  thereto;  and  provided  further,  that,  in  all 
cases  where  the  tracks  of  said  company  shall  be  laid  lengthwise  upon 
any  street,  it  shall  be  the  duty  of  said  company,  whenever  required  by 
the  said  board  of  trustees,  or  their  successors  in  authority,  to  grade 
the  unoccupied  part  of  said  street  lying  contiguous  to  its  tracks,  in 
such  manner  as  to  make  the  same  passable  for  teams. 

2.  Telegraph — location  of  poles.]  § 2.  Permission  is  also 
hereby  granted  to  the  South  Chicago  Railroad  Company  to  erect,  and 
forever  thereafter  maintain,  a telegraph  line,  consisting  of  one  or  more 
lines  of  wires,  with  the  necessary  poles  along  said  line  of  railroad  along 
the  route  above  described,  but  upon  the  condition  that  the  poles  here- 
by authorized  to  be  erected,  shall  be  placed  in  such  position  upon  any 
street,  highway  or  alley  as  may  be  directed  by  the  board  of  trustees, 
or  their  successors  in  authority  of  said  village. 

IT  3.  Subject  to  ordinances.]  § 3.  The  privileges  and  au- 
thority hereby  granted  to  said  company  are  granted  upon  the  express 
condition,  that  said  company,  its  successors  and  assigns,  shall  prompt- 
ly fulfill  all  obligations  and  duties  that  are  now,  or  may  hereafter  be, 
lawfully  imposed  by  ordinance. 

1 4.  Use  of  streets,  etc. — obstructions.]  § 4.  Said  railroad 

company  may  occupy  any  street,  highway  or  alley,  or  part  of  any 
street,  highway  or  alley  upon  the  route  described  in  the  first  section  of 
this  ordinance,  by  laying  its  tracks  lengthwise  upon  the  same,  but 
such  tracks  shall  be  laid  in  such  manner  as  to  interfere,  as  little  as  prac- 
ticable, with  the  use  of  such  streets  by  teams  and  pedestrians,  and  said 
railroad  company  shall  at  all  times  keep  such  tracks  in  such  condi- 
tion, as  to  allow  the  free  passage  of  vehicles  crossing  them. 

T 5.  Indemnity.]  § 5.  The  privileges  and  authority  hereby 
granted  to  said  railroad  company  are  granted  upon  the  express  con- 
dition, that  said  company,  its  successors,  grantees,  lessees  and  as- 
signees shall  forever  indemnify  and  save  harmless  the  village  of  Hyde 
Park,  against  and  from  any  and  all  damages,  judgments,  decrees,  costs 
and  expenses  of  the  same,  which  it  may  suffer,  or  which  may  be  ob- 
tained against  such  village  by  reason  of  granting  of  said  privileges 
and  authority,  or  by  reason  of  the  exercise  by  said  railroad  company, 
or  by  its  lessees  or  assignees,  of  the  privileges  so  granted. 

T 6.  Bond — conditions.]  § 6.  This  ordinance  shall  not  take 
effect  until  after  such  company  shall  enter  into  a bond  to  said  village 
of  Hyde  Park,  in  the  penal  sum  of  $25,000.  conditioned  for  the  pay- 
ment of  all  damages  for  which  said  village  may  become  liable  to  any 
person  or  persons,  by  reason  of  the  said  road  entering  or  running 


§ 34i] 


SOUTH  CHICAGO  RAILROAD  COMPANY. 


679 


through  the  portion  of  said  village  as  aforesaid,  or  by  reason  of  said 
company  constructing,  laying  down  and  operating  said  railroad  track 
or  tracks  within  said  village,  and  conditioned  also  for  the  payment  ot 
all  damages  which  may  arise  to  the  said  village  of  Hyde  Park,  on  ac- 
count of  any  judgment  obtained  against  said  village  by  any  person  or 
persons  whomsoever,  by  reason  of  said  company  constructing,  laying 
down  or  operating  said  railroad  track,  or  the  occupation  of  said  streets 
or  alleys  within  the  said  village  of  Hyde  Park. 

T 7.  Train  service — rates  of  fare.]  § 7.  Upon  the  comple- 
tion of  said  railroad,  passenger  trains  shall  be  run  regularly  upon  the 
same  between  South  Chicago  and  the  Illinois  Central  Railroad  depot, 
in  Chicago,  and  passengers  shall  be  transported  upon  the  said  line  at 
as  low  rates,  according  to  distance,  as  the  Illinois  Central  Railroad 
Company  shall  charge,  at  the  same  time,  on  its  surburban  trains  run- 
ning from  the  city  of  Chicago,  and  said  company  shall  switch  to  said 
water  works,  for  the  village  of  Hyde  Park,  at  the  usual  rates  charged 
for  similar  services,  such  coal  in  car  load  lots  as  may  be  needed  for 
use  at  said  works  in  default  of  which  the  rights  and  privileges  hereby 
granted  shall  cease  and  be  null  and  void. 

1 8.  Depots— time  for  completion.]  § 8.  Passenger  sta- 
tions shall  be  established  along  said  railroad  at  convenient  distances, 
not  more  than  two-thirds  of  a mile  apart,  at  which  all  passenger  trains 
shall  stop  to  receive  and  discharge  passengers,  and  one  or  more  tracks 
shall  be  laid  down  and  ready  for  operation  from  the  junction  with  the 
Illinois  Central  Railroad  to  Chicago,  and  from  that  line  to  the  Hyde 
Park  water  works,  .within  twelve  months  from  the  passage  of  this  or- 
dinance: Provided,  however,  that  if  the  said  works  shall  be  obstructed 
or  delayed  by  injunction  or  other  legal  proceedings,  the  time  of  such 
delay  shall  be  excluded,  and  the  same  time  in  addition  to  the  period 
above  described,  shall  be  allowed  for  the  laying  of  said  tracks  as  that 
during  which  said  company  shall  have  been  so  delayed. 

T 9.  Acceptance.]  § 9.  Said  railroad  company  shall  notify 
this  village  within  thirty  days  from  the  passage  of  this  ordinance,  of 
the  acceptance  of  the  privileges  and  conditions  herein  provided  for. 

§ 341.  South  Chicago  Railroad  company. 

If  1.  Grant — route. 

IT  2.  Consent  of  property  owners — indemnity. 

if  3.  Violation — termination  of  grant. 

An  ordinance  authorizing  the  South  Chicago  Railroad  company  to  extend  its 
line  of  railroad  in  the  village  of  Hyde  Park.  (Passed  and  approved  June 
13.  1885.) 

IT  1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and 

authority  is  hereby  granted  to  the  South  Chicago  Railroad  Company 
to  construct,  maintain  and  by  steam  power  operate  a single  or  double 


680 


RAILROADS. 


[§  342 


sidetrack,  commencing  at  a point  on  its  present  line  in  Railroad  ave- 
nue between  Eighty-first  (81  st)  and  Eighty-second  (82nd)  streets,  and 
extending  thence  southeasterly,  on  a radius  of  six  hundred  and  three 
(603)  feet,  across  said  Eighty-second  street  and  Houston  avenue,  to 
a point  in  the  west  line  of  Arthur  avenue  about  midway  between  said 
Eighty-second  (82nd)  street  and  Eighty-third  (83d)  street;  thence  east 
across  Arthur,  Bond  and  Ontario  avenues  to  Lake  Michigan. 

If  2.  Consent  of  property  owners— indemnity.]  § 2.  The 
permission  and  authority  hereby  given  is  upon  the  express  condition, 
that  said  company  has  obtained  the  necessary  and  requisite  consent 
from  the  owners  of  property  abutting  on  streets;  that  said  company 
shall  save  and  keep  harmless  the  village  of  Hyde  Park  from  all  costs 
and  damages  by  reason  of  the  laying,  operation  and  maintenance  of 
said  tracks;  and  that  said  company  shall  be  subject  to,  and  shall  com- 
ply with,  the  provisions  of  all  ordinances  of  the  village  now  in  force, 
or  which  shall  hereafter  be  passed,  concerning  the  operation  of  rail- 
roads and  the  maintenance  of  railroad  tracks  in  the  said  village. 

1 3.  Violation— termination  of  grant.]  § 3.  In  the  event  of 
a violation  of,  or  non-compliance  with,  any  of  the  conditions  of  this 
ordinance,  and  a continuance  of  such  violation  for  the  space  of  ten 
days  after  notice  thereof  to  any  of  the  officers,  agents  or  servants  of 
said  company,  then  all  the  rights  and  privileges  granted  by  this  ordi- 
nance shall  thereupon  immediately  cease  and  determine. 

§ 342.  South  Chicago  Railroad  company. 

If  1.  Grant — route. 

TJ  2.  Conditions — indemnity. 

An  ordinance  authorizing  the  South  Chicago  Railroad  company  to  construct, 
maintain  and  operate  a side  track  in  the  village  of  Hyde  Park.  (Passed  and 
approved  June  27,  1885.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 

of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and 

authority  be,  and  the  same  hereby  is  granted  to  the  South  Chicago 
Railroad  Company  to  construct,  maintain  and  operate  a side  track  be- 
ginning at  such  points,  as  said  company  shall  select,  on  its  main  track 
between  the  north  and  south  lines  extended  of  lot  seventy-five  (75), 
in  division  four  (4),  of  the  South  Shore  subdivision,  thence  southwest- 
erly on  a radius  of  five  hundred  (500)  feet  to  and  across  the  west  line 
of  Railroad  avenue. 

1 2.  Conditions — indemnity.]  § 2.  The  permission  and  au- 
thority hereby  granted  is  subject  to  all  the  provisions  of  an  ordinance 
passed  April  3,  1882,  granting  right  of  way  to  said  company,  and  is 
upon  the  express  condition  that  said  company  shall  so  construct  said 
side  track  as  not  to  unnecessarily  impair  the  usefulness  of  said  Rail- 
road avenue,  and  shall  save  and  keep  harmless  the  said  village  of  Hyde 
Park  from  all  expense  and  damage  that  may  occur  by  reason  of  the 


i 343] 


SOUTH  CHICAGO  RAILROAD  COMPANY. 


681 


construction,  maintenance  or  operation  of  said  side  track,  and  shall 
also  comply  with  the  provisions  of  all  general  ordinances  of  the  said 
village  concerning  side  tracks. 

§ 343.  South  Chicago  Railroad  company. 

If  1.  Grant — permission  to  spread  its  track. 

^f  2.  Indemnity. 

If  3.  Subject  to  ordinances. 

^f  4.  When  in  force. 

An  ordinance  authorizing  the  South  Chicago  Railroad  company  to  change  the 

location  of  its  tracks.  (Passed  February  18,  1895.  Accepted  February  28, 

1895.) 

1 1.  Grant-— permission  to  spread  its  track.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  are  hereby  granted  to  the  South  Chicago  Railroad  Company, 
its  lessees  and  assigns,  to  change  the  location  of  its  tracks  along  and 
upon  the  route  described  in  an  ordinance  passed  by  the  board  of  trus- 
tees of  the  village  of  Hyde  Park,  Cook  county,  Illinois,  April  3rd, 
1892  (1882),  entitled  “An  ordinance  granting  right  of  way  to  the  South 
Chicago  Railroad  Company,”  so  as  to  enable  the  said  railroad  com- 
pany, for  the  accommodation  of  its  passengers,  and  the  facilitating  of 
quick  transportation,  to  construct  high  platforms  between  its  tracks  at 
the  stations  that  are  now  or  may  be  hereafter  constructed  upon  the 
line  of  the  said  railroad,  and  to  spread  the  two  tracks  now  constructed 
and  in  operation  so  as  to  make  the  distance  between  their  center  lines 
not  more  than  twenty-one  (21)  feet  between  the  following  streets,  to 
wit:  Jefferson  avenue  and  Stony  Island  avenue,  Euclid  avenue  and 

Jeffery  avenue,  Oglesby  avenue  and  Yates  avenue,  and  Seventy-fifth 
and  Seventy-sixth  streets ; not  more  than  twenty-two  (22)  feet  between 
the  following  streets,  to  wit:  Seventy-ninth  and  Eightieth  streets  and 
Eighty-second  and  Eighty-third  streets;  not  more  than  twenty-one 
(21)  feet  apart  between  the  following  streets,  to  wit:  Eighty-sixth 

and  Eighty-seventh  streets,  Ninetieth  and  Ninety-first  streets,  and  also 
between  points  three  hundred  feet  apart  on  the  said  line  of  railroad 
where  other  stations  may  hereafter  be  constructed;  also  to  change 
the  tracks  extending  from  each  end  of  the  high  platforms  so  as  to  con- 
nect the  tracks  so  spread  with  proper  curves  with  the  tracks  which  re- 
main in  their  present  location.  The  railroad  company  shall  prepare 
and  file  with  the  department  of  public  works  plats  showing  the  changes 
to  be  made  under  the  terms  of  this  ordinance. 

IT  2.  Indemnity.]  § 2.  The  privilege  and  authority  hereby 
granted  to  said  railroad  company  are  granted  upon  the  express  condi- 
tion that  the  said  railroad  company,  its  lessees,  successors  or  assigns, 
shall  forever  indemnify  and  save  harmless  the  city  of  Chicago  against 
and  from  any  and  all  damages,  judgments,  decrees,  costs  and  expenses 
of  the  same,  which  it  may  suffer,  or  which  may  be  obtained  against 
said  city  by  reason  of  the  granting  of  said  privilege  and  authority,  Or 


682  RAILROADS.  [§  § 344,  345 

by  the  exercise  by  said  railroad  company,  or  its  lessees,  successors  or 
assigns,  of  the  privilege  so  granted. 

1 3.  Subject  to  ordinances.]  § 3.  The  privileges  and  rights 
hereby  granted  shall  be  subject  to  all  laws  and  ordinances  governing 
railroads  now  in  force,  or  which  shall  hereafter  be  passed  by  the  legis- 
lature of  this  state,  or  by  the  city  council. 

1 4.  When  in  force— acceptance.]  § 4-  This  ordinance  shall 
not  take  effect  until  an  acceptance  thereof  by  the  South  Chicago  Rail- 
road Company  shall  have  been  filed  with  the  city  clerk,  and  said  ac- 
ceptance must  be  filed  within  thirty  days  from  the  passage  of  this  ordi- 
nance. 


ILLINOIS  & WISCONSIN  RAILROAD  COMPANY. 

§ 344.  Illinois  & Wisconsin  Railroad  company. 

*[  1.  Grant — route — supervision  by  city. 

An  ordinance  granting  rights  to  the  Illinois  & Wisconsin  Railroad  company. 

(Passed  October  4,  1852.) 

1 1-  Grant— route— supervision  by  city.]  Be  it  ordained  by 
the  common  council  of  the  city  of  Chicago:  § 1.  That  the  Illinois 

and  Wisconsin  Railroad  Company  are  hereby  authorized  to  lay  down 
through  their  own  land,  or  such  land  as  they  may  acquire  by  pur- 
chase or  otherwise,  the  track',  switches,  turn-tables  and  turn-outs,  as 
said  company  may  deem  proper,  within  the  following  described  limits 
of  the  west  division  of  the  city  of  Chicago:  All  of  Waubansia  addi- 

tion west  to  the  center  of  Jefferson  street,  and  that  part  of  Russell, 
Mather  and  Roberts’  addition  lying  north  of  Owen  street,  and  those 
parts  of  sections  four,  five  and  eight,  lying  between  Milwaukee  avenue 
and  the  north  branch  of  the  Chicago  river,  and  for  the  purposes  of 
such  track,  to  intersect  and  cross  any  street  or  streets  said  company 
may  deem  proper;  the  city  hereby  reserving  to  itself  the  power  to  con- 
trol the  manner  of  constructing  said  track,  and  the  motive  power  to 
be  used,  and  the  speed  of  the  same. 


JUNCTION  RAILWAY  COMPANY. 

§ 345.  Junction  Railway  company. 

1.  Grant — route — widening  Jefferson  avenue. 

2.  Tracks — manner  of  laying. 

3.  File  plat  on  or  before  September  1,  1889. 


345] 


JUNCTION  RAILWAY  COMPANY. 


683 


4.  Work — commencement  and  completion. 

Tf  5.  Tracks  laid  at  grade — flagmen  and  gates— culverts. 

6.  Subject  to  ordinances. 

7.  Bridge  over  north  branch  of  Chicago  river. 

TJ  8.  Power  of  village  to  open  streets  across  tracks. 

9.  Trains — number  of. 

f 10.  Stations. 

11.  Indemnity. 

^[12.  Successors  bound  by  provisions  of  grant. 

Tf  13.  When  in  force— acceptance — bond. 

An  ordinance  authorizing  the  Junction  Railway  company  to  build  its  line  of  rail- 
way through  a portion  of  the  village  of  Jefferson.  (Passed  and  approved 
May  29,  1889.) 

T 1.  Grant — route — widening  Jefferson  avenue.]  Be  it  ordained 
by  the  president  and  board  of  trustees  of  the  village  of  Jefferson:  § 1. 

That  permission  and  authority  be  and  the  same  is  hereby  granted  to 
the  Junction  Railway  Company  to  construct,  lay  down,  maintain  and 
operate  with  steam  power  a railway,  with  two  or  more  tracks  upon 
land  now  owned,  or  hereafter  to  be  acquired  by  said  railway  company 
over  and  upon  the  following  route  in  said  village  of  Jefferson  (the  line 
hereinafter  described  being  the  center  line  between  the  two  main  tracks 
of  said  company’s  railway  to  be  hereafter  laid  down),  to  wit:  Com- 

mencing on  the  center  line  between  the  double  tracks  of  the  Wiscon- 
sin division  of  the  Chicago  and  Northwestern  Railway  at  a point  354 
feet  southeasterly  from  the  crossing  of  the  Chicago,  Milwaukee  and 
St.  Paul  Railway,  proceeding  thence  on  a curve  of  1081  feet  radius  to  a 
point  in  block  29  of  the  subdivision  of  Montrose,  67  feet  south  of  the 
south  line  of  Washington  street,  and  distant  not  less  than  18  feet  west 
of  the  west  line  of  Jefferson  avenue,  thence  north  on  a line  not  less 
than  18  feet  west  of  the  west  line  of  Jefferson  avenue  through  block  12 
of  said  subdivision  of  Montrose,  thence  northeasterly  to  the  northeast 
corner  or  a point  within  50  feet  west  thereof,  of  block  9 of  said  sub- 
division of  Montrose,  thence  continuing  northeasterly  through  the 
S.  W.  34  of  section  10,  and  N.  W.  J4  of  section  10  and  also  across  N.  E. 
J4  of  said  section,  thence  continuing  northeasterly  through  the  S.  E. 
34  of  section  3 and  across  the  N.  E.  34  of  section  3 and  also  across  the 
N.  W.  J4  of  section  2,  to  the  north  line  of  town  40  north,  range  13,  east 
of  the  third  principal  meridian,  and  to  cross  all  streets,  alleys  and  pub- 
lic grounds  upon  said  route.  Provided,  that  said  Junction  Railway 
Company  shall  procure  by  purchase  or  otherwise  and  dedicate,  for 
the  purpose  of  widening  Jefferson  avenue,  that  part  of  lots  13  and  14 
of  said-  block  28  of  Montrose,  lying  between  the  easterly  rail  of  the 
most  easterly  track  of  said  company’s  railway,  and  a line  parallel  with 
and  40  feet  easterly  therefrom. 

1 2.  Tracks  — manner  of  laying.]  § 2.  The  tracks  laid 
across  the  intervening  streets  upon  the  route  above  described  shall 
be  laid  in  such  manner  as  to  interfere  as  little  as  practicable  with  the 
use  of  such  streets  by  teams  and  pedestrians,  and  said  railway  com- 


684  RAILROADS.  [§  345 

pany  shall  at  all  times  keep  such  tracks  in  proper  condition,  to  allow 
the  free  passage  of  vehicles  across  them. 

H 3.  File  plat  on  or  before  September  1,  1889.1  § 3-  That 

before  constructing  its  railway,  said  Junction  Railway  Company  shall 
file  a plat  showing  the  permanent  location  of  its  line  in  the  office  ot 
the  village  clerk,  said  location  shall  be  made  and  plat  filed  on  or  be- 
fore the  first  day  of  September,  A.  D.  1889. 

T 4.  Work — commencement  and  completion.]  § 4.  Work 
on  the  construction  of  said  line  shall  be  commenced  within  eighteen 
(18)  months  and  at  least  one  main  track  of  said  railway  be  completed 
within  two  years  from  the  date  of  the  passage  of  this  ordinance.  Pro- 
vided, however,  that  if  said  company  shall  be  delayed  by  ordinance  or 
resolution  of  the  village  of  Jefferson  or  shall  be  prevented  or  restrained 
by  any  injunction  or  order  or  decree  of  any  court  of  competent  juris- 
diction, then  the  period  of  any  and  all  such  delays  shall  be  added  to 
said  two  years. 

The  village  shall,  however,  have  the  right  to  intervene  in  any 
suit  for  injunction  to  restrain  said  company  as  aforesaid  and  move  for 
the  dissolution  of  the  injunction  in  case  such  suit  may  be  deemed  col- 
lusive or  for  the  purpose  of  delaying  or  extending  the  time  for  the 
completion  of  said  tracks. 

% 5.  Tracks  laid  at  grade — flagmen  and  gates — culverts.] 

§ 5.  Said  Junction  Railway  Company  shall  at  the  time  of  commenc- 
ing its  said  railway,  construct  and  shall  at  all  times  thereafter  main- 
tain all  of  its  tracks  which  lie  within,  upon  and  across  any  streets,  high- 
ways and  alleys  in  said  village,  as  nearly  as  practicable,  upon  a level 
with  the  grade  of  the  streets,  highways  and  alleys  so  crossed,  and  shall 
at  the  time  of  commencing  its  said  railway  construct  and  thereafter 
forever  maintain  good  and  sufficient  crossings  and  sidewalks  on  all 
streets,  highways  and  alleys,  as  nearly  as  practicable,  upon  a level  with 
the  grade  of  said  streets,  alleys  and  highways,  wherever  it  shall  cross 
the  same,  and  shall  keep  a flagman  and  shall  construct  and  maintain 
gates  at  such  crossings  as  shall  be  required  by  the  board  of  trustees  of 
said  village.  And  also  at  the  time  of  constructing  its  said  railway  shall 
construct  and  put  in  and  shall  at  all  times  thereafter  maintain  all  neces- 
sary and  proper  culverts  and  waterways  to  the  satisfaction  of  the  su- 
perintendent of  public  works  and  board  of  trustees  of  said  village. 

1 6.  Subject  to  ordinances.]  § 6.  The  privileges  hereby 
granted  are  upon  the  further  express  condition  that  said  Junction  Rail- 
way Company  shall  be  subject  to  all  general  ordinances  now  in  force 
or  which  may  hereafter  be  passed  in  the  exercise  of  its  police  powers 
concerning  railroads,  and  a failure  on  the  part  of  said  company  to 
comply  with  the  provisions  of  this  ordinance,  or  the  provisions  of  any 
such  general  ordinances  now  in  force  or  which  may  hereafter  be 
passed,  for  a period  of  90  days  after  notice  in  writing  from  the  board 


§ 345] 


JUNCTION  RAILWAY  COMPANY. 


685 


of  trustees  of  said  village,  to  the  president,  superintendent,  or  officer 
in  charge  at  Chicago,  shall  be  sufficient  cause  for  a forfeiture  of  the 
rights  and  privileges  granted  by  this  ordinance  and  of  all  its  tracks, 
buildings  and  right  of  way  in  said  village,  to  the  said  village  of  Jeffer- 
son. 

T 7.  Bridge  over  north  branch  of  Chicago  river.]  § 7. 

The  rights  and  privileges  hereby  granted  are  so  granted  upon  the  ex- 
press understanding  and  condition  that  whenever  the  north  branch  of 
the  Chicago  river  shall  become  or  be  made  navigable  at  the  point  where 
the  proposed  line  of  said  railway  shall  cross  said  north  branch,  the  said 
railway  company  shall  construct  and  thereafter  maintain  a swing 
bridge  over  said  branch,  of  sufficient  length  to  allow  free  navigation  of 
said  stream,  and  free  passage  for  vessels  and  steamers  desiring  to 
pass. 

1 8.  Power  of  village  to  open  streets  across  tracks.]  § 8. 

The  village  of  Jefferson  hereby  expressly  reserves  the  right  to  open 
or  extend  any  street  or  public  highway  across  and  over  the  right  of 
way  of  said  proposed  line  of  railway  at  such  points  not  nearer  to  each 
other  than  a quarter  of  a mile  as  said  village  may  from  time  to  time 
determine,  without  recompense  to  or  hindrance  from  the  said  Junc- 
tion Railway  Company,  its  successors,  grantees,  lessees  or  assigns. 

IT  9.  Trains — number  of.]  § 9.  Said  Junction  Railway  Com- 
pany, its  successors,  grantees,  lessees  and  assigns  shall  run  regularly 
at  least  one  exclusively  passenger  train  every  day  each  way  over  its 
said  railway  and  over  the  Wisconsin  division  of  the  Chicago  and 
Northwestern  Railway,  for  the  first  year  and  two  or  more  trains  for 
the  second  year,  affording  continuous  passage  to  and  from  the  depot 
of  said  Chicago  and  Northwestern  Railway,  known  as  Wells  street  de- 
pot, situated  at  the  corner  of  Wells  and  Kinzie  streets  in  the  city  of 
Chicago,  or  other  principal  terminal  passenger  station,  and  said  Chi- 
cago Junction  Railway  Company  shall  increase  the  service  whenever 
and  as  often  as  the  same  shall  be  required  by  the  increase  of  travel  over 
said  Junction  Railway. 

T 10.  Stations.]  § 10.  Said  Junction  Railway  shall  construct 
and  maintain  on  said  proposed  line  of  railway  at  different  points  with- 
in said  village,  at  least  two  stations  for  the  accommodation  of  pas- 
sengers and  freight  in  addition  to  the  stations  already  established  in 
said  village,  one  of  which  stations  to  be  located  and  maintained  with- 
in two  miles  of  Montrose. 

1 11.  Indemnity.]  § 11.  The  permission  and  authority  here- 
by granted  shall  be  and  is  upon  the  further  express  condition  that  said 
Junction  Railway  Company,  its  successors,  grantees,  lessees  and  as- 
signs shall  and  will  forever  indemnify  and  save  harmless  the  village  of 
Jefferson  against  and  from  any  and  all  legal  damages,  judgments,  de- 
crees, and  costs  and  expenses  of  the  same  which  it  may  suffer,  or  which 


686 


RAILROADS. 


[§  346 


may  be  recovered  or  obtained  against  the  said  village  for  or  by  reason 
of  the  granting  of  the  said  privileges  and  authority  or  for  or  by  reason 
of  or  growing  out  of  or  resulting  from  the  passage  of  this  ordinance, 
or  any  matter  or  thing  connected  therewith,  or  with  the  exercise  by  said 
company  of  the  privileges  hereby  granted,  or  from  an  act  or  acts 
of  said  company,  its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 

1 12.  Successors  bound  by  provision  of— grant.]  § 12. 

The  provisions  of  this  ordinance  shall  be  equally  binding  upon  the 
Junction  Railway  Company,  its  successors,  lessees  and  assigns. 

IT  13,  When  in  force — acceptance — bond.]  § 13.  This  ordi- 

nance shall  take  effect  and  be  in  force  when  and  as  soon  as  said  com- 
pany shall  file  with  the  clerk  of  the  village  of  Jefferson  its  acceptance 
in  writing  of  this  ordinance,  and  also  upon  the  approval  of  the  presi- 
dent of  the  village  of  a bond  in  the  sum  of  one  hundred  thousand 
dollars  ($100,000),  to  be  given  by  said  Junction  Railway  Company, 
with  the  Chicago  and  Northwestern  Railway  Company  as  surety,  to  in- 
demnify the  village  against  any  and  all  damages  that  may  result  from 
the  construction  and  operation  of  said  Junction  Railway,  and  if  said 
company  shall  not  file  such  acceptance  and  bond  with  said  clerk  with- 
in sixty  (60)  days  after  the  passage  and  approval  of  this  ordinance,  then 
this  ordinance  shall  become  and  be  void. 

Note. — See  following  supplemental  ordinance. 

§ 346.  Junction  Railway  company. 

IT  1.  Route  as  amended. 

If  2.  When  in  force — acceptance. 

An  ordinance  supplemental  to  an  ordinance  authorizing  the  Junction  Railway 

company  to  build  its  line  of  railway  through  a portion  of  the  village  of 

Jefferson.  (Passed  and  approved  June  24,  1889.) 

1"  1.  Route  as  amended.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Jefferson:  § 1.  That  section  1 

of  an  ordinance  authorizing  the  Junction  Railway  Company  to  build 
its  line  of  road  through  a portion  of  the  village  of  Jefferson,  passed 
May  29th,  1889,  approved  May  29th,  1889,  and  published  June  8th, 
1889,  be  amended  to  read  as  follows,  to  wit: 

“§  1.  That  permission  and  authority  be  and  the  same  is  hereby 
granted  to  the  Junction  Railway  Company,  to  construct,  lay  down, 
maintain  and  operate  with  steam  power,  a railway  with  two  or  more 
tracks  upon  land  now  owned  or  hereafter  to  be  acquired  by  said  rail- 
way company  over  and  upon  the  following  route  in  said  village  of 
Jefferson  (the  line  hereinafter  described  being  the  center  line  between 
the  two  main  tracks  of  said  company’s  railway  to  be  hereafter  laid 
down)  to  wit:  Commencing  on  the  center  line  between  the  double 

tracks  of  the  Wisconsin  division  of  the  Chicago  and  Northwestern 
Railway  at  a point  365  feet  southeasterly  from  the  crossing  of  the  Chi- 


§ 347]  lake  shore  & Michigan  southern  railroad  company.  687 

cago,  Milwaukee  and  St.  Paul  Railway,  proceeding  thence  on  a curve 
to  the  right  of  948.8  feet  radius,  522.5  feet,  thence  on  a tangent  172 
feet,  thence  to  the  right,  on  a curve  of  948.8  feet  radius,  326.5  feet  to 
a point  in  block  29  of  the  subdivision  of  Montrose,  18  feet  south  of 
the  south  line  of  Washington  street  and  not  less  than  18  feet  west  of 
the  west  line  of  Jefferson  avenue,  thence  north  on  a line  not  less  than 
18  feet  west  of  the  west  line  of  Jefferson  avenue,  through  block  12  of 
said  subdivision  of  Montrose,  thence  northeasterly  to  the  northeast 
corner,  or  a point  within  50  feet  west  thereof,  of  block  9 of  said  sub- 
division of  Montrose,  thence  continuing  northeasterly  through  the  S. 
W.  34  of  section  10,  and  N.  W.  34  of  section  10  and  also  across  N.  E. 
34  of  said  section,  thence  continuing  northeasterly  through  the  S.  E. 
34  of  section  3 and  across  the  N.  E.  34  of  section  3,  and  also  across  the 
N.  W.  34  °f  section  2,  to  the  north  line  of  town  40  north,  range  13, 
east  of  the  third  principal  meridian,  and  to  cross  all  streets,  alleys  and 
public  grounds  upon  said  route. 

Provided,  that  said  Junction  Railway  Company  shall  procure  by 
purchase  or  otherwise  and  dedicate,  for  the  purpose  of  widening  Jef- 
ferson avenue,  that  part  of  lots  13,  14  and  15  of  said  block  28  of  Mont- 
rose, lying  between  the  easterly  rail  of  the  most  easterly  track  of  said 
company’s  railway,  and  a line  parallel  with,  and  40  feet  easterly  there- 
from, and  plank  and  keep  planked  the  space  between  the  rails  at  said 
crossing.  And  if  the  said  railway  company  is  unable  to  procure  the 
property  to  be  taken  for  the  purpose  of  widening  said  Jefferson  avenue 
and  the  said  village  of  Jefferson  shall  by  appropriate  proceedings  ac- 
quire the  title  thereto  by  the  exercise  of  the  right  of  eminent  domain, 
the  said  railway  company  shall  pay  all  awards,  damages,  costs,  and  ex- 
penses for  such  taking  and  fully  indemnify  and  save  harmless  the  said 
village  of  Jefferson  therefrom.” 

IT  2.  When  in  force — acceptance.]  § 2.  This  ordinance  shall 
take  effect  and  be  in  force  when  and  as  soon  as  said  company  shall 
file  with  the  clerk  of  the  village  of  Jefferson  its  acceptance  in  writing 
of  this  ordinance. 


LAKE  SHORE  & MICHIGAN  SOUTHERN  RAILROAD 

COMPANY. 

§ 347.  Lake  Shore  & Michigan  Southern  Railroad  company. 

If  1.  Route. 

it"  2.  Supervision — flagmen  at  crossings. 

•fT  3.  Speed — motive  power. 

if  4.  Acceptance— waiver  of  former  acquired  rights. 

An  ordinance  in  relation  to  the  Michigan  Southern  & Northern  Indiana  Rail- 
road company.  (Passed  September  6,  1869.) 


688 


RAILROADS. 


1"  1.  Route.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § i.  That  permission  and  authority  is  hereby  granted 

to  the  Michigan  Southern  and  Northern  Indiana  Railroad  Company 
to  lay  down  one  or  more  railroad  track  or  tracks  over  and  across  the 
property,  lately  purchased  by  said  company,  between  Twenty-second 
and  Sixteenth  streets  in  said  city,  being  the  west  one-half  of  blocks 
numbered  forty-seven  (47),  thirty-seven  (37),  thirty-six  (36),  twenty- 
eight  (28),  eighteen  (18),  eleven  (11)  and  four  (4)  of  the  canal  trus- 
tees’ subdivision  of  the  east  fraction  of  the  southeast  quarter  of  sec- 
tion number  twenty-one  (21),  in  township  number  thirty-nine  (39) 
north,  of  range  number  fourteen  (14)  east  of  the  third  (3d)  principal 
meridian,  and  to  lay  such  tracks  across  the  streets  and  alleys  lying  be- 
tween said  blocks,  within  the  boundaries  aforesaid,  said  Twenty-sec- 
ond and  Sixteenth  streets  inclusive,  but  no  more  than  two  tracks  shall 
be  laid  across  Twenty-second  street  or  Archer  road. 

T 2.  Supervision— flagmen  at  crossings.]  § 2.  All  tracks 
laid  across  the  streets  aforesaid  shall  be  laid  under  the  direction  of  the 
board  of  public  works,  and  in  such  a manner  as  not  to  interfere  with 
travel  along  such  streets;  convenient  crossings  shall  be  made  and 
maintained  across  such  streets  and  alleys,  and  proper  warning  signs 
shall  be  erected  and  maintained  in  conspicuous  places  at  or  near  all 
street  crossings  within  the  limits  aforesaid;  and  said  company  shall 
keep,  at  all  times,  flagmen  at  the  crossings  on  Twenty-second  and 
Eighteenth  streets  and  Archer  road. 

IT  3.  Speed — motive  power.]  § 3.  Said  company  may  use 
and  operate  said  railroad  tracks,  within  the  limits  aforesaid,  with  lo- 
comotives, engines  and  cars,  under  such  rules  and  regulations  with 
reference  to  the  speed,  motive  power,  and  manner  of  running  the 
same,  as  the  common  council  of  said  city  has  made  or  may  from  time 
to  time  hereafter  impose  and  make. 

T 4.  Acceptance — waiver  of  former  acquired  rights.]  § 4. 
The  acceptance  of  this  ordinance  by  said  company  shall  be  deemed  and 
held  to  be  an  agreement  on  its  part,  to  relinquish  all  rights  to  use 
Clark  street  between  the  points  named  in  the  first  section,  from  and 
after  the  expiration  of  two  years  after  the  passage  of  this  ordinance, 
and  all  grants  heretofore  made  to  said  company  to  use  the  same  shall 
cease  and  end  on  the  expiration  of  said  time. 

§ 348.  Lake  Shore  & Michigan  Southern  Railroad  company. 

If  1.  Route. 

An  ordinance  granting  permission  to  the  Lake  Shore  & Michigan  Southern  Rail- 
road company  to  make  connection  with  the  Chicago,  Rock  Island  & Pacific 
Railroad  company.  (Passed  and  approved  August  28,  1875.) 

IT  1.  Route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  the  Lake  Shore  and 

Michigan  Southern  Railroad  Company  have  and  are  hereby  granted 


| 349]  LAKE  SHORE  & MICHIGAN  SOUTHERN^RAILW  A Y COMPANY.  689 

permission  to  locate,  construct  and  maintain  a curve,  connection  and 
tracks  from  the  main  line  of  said  railroad  company  at  South  Chicago, 
northwest  of  Ninety-fifth  street,  passing  across  South  Chicago  avenue, 
and  from  thence  to  a connection  with  the  branch  line  of  the  Chicago, 
Rock  Island  and  Pacific  Railroad,  as  shown  and  set  forth  in  the  an- 
nexed plat*  or  sketch  of  said  lines  and  the  connection  for  which  per- 
mission is  hereby  granted.  The  said  railroad  company  to  make  and 
maintain  a good  crossing  over  all  the  streets  crossed  by  said  tracks, 
and  to  pay  all  damages  which  may  be  occasioned  to  private  property 
by  the  making  of  said  curve,  connection  and  tracks. 

§ 349.  Lake  Shore  & Michigan  Southern  Railway  company. 

TT  1.  Route. 

If  2.  Removal  of  tracks — Clark  street — build  wall,  openings,  gates 
— C.,  R.  I.  & P.  R.  R.  Co.  released  from  building. 

3.  Ordinance  a contract. 

i 4.  Condition — vacation  of  part  of  Clark  street  by  the  two  com- 
panies. 

Tf  5.  Chicago  City  Railway  company — rights — Clark  street. 

If  6.  Paving. 

7.  Penalty  for  non-removal  of  tracks  and  delay  as  to  building  wall. 

•fr  8.  Acceptance. 

9.  When  in  force. 

An  ordinance  authorizing  the  Lake  Shore  & Michigan  Southern  Railway  com- 
pany to  lay  tracks  in  a certain  portion  of  South  Clark  street.  (Passed 
October  27,  1879.) 

1”  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § i.  That  there  is  hereby  granted  to  the  Lake  Shore  and 

Michigan  Southern  Railway  Company  the  right  to  maintain  and  oper- 
ate a track  or  tracks  upon  that  portion  of  South  Clark  street  as  fol- 
lows, to  wit:  That  portion  thereof  between  Twelfth  and  Sixteenth 

streets  described  by  the  following  line,  commencing  at  a point  on  the 
west  line  of  South  Clark  street  one  thousand  feet  south  of  the  south 
line  of  Fourteenth  street,  running  thence  in  a northeasterly  direction 
having  a uniform  curve  to  the  left  to  a point  twenty-eight  feet  east 
of  the  west  line  of  said  South  Clark  street  and  nine  hundred  feet  south 
of  the  south  line  of  Fourteenth  street,  which  curve  shall  be  west  from 
the  point  last  named,  thence  north  parallel  with  said  west  line  to  a 
point  six  hundred  and  fifty  feet  south  of  the  south  line  of  Twelfth 
street,  and  twenty-eight  feet  east  of  the  west  line  of  Clark  street,  thence 
in  a northwesterly  direction  on  a line  having  a uniform  curve  to  the 
west  to  a point  on  said  line  of  South  Clark  street  five  hundred  and 
fifty  feet  south  of  the  south  line  of  Twelfth  street,  thence  south  one 
hundred  feet  along  the  west  side  of  South  Clark  street  to  a point  six 
hundred  and  fifty  feet  south  of  the  south  line  of  Twelfth  street,  thence 
east  on  a line  at  right  angles  with  the  west  line  of  South  Clark  street 
sixteen  feet,  thence  south  on  a line  parallel  with  the  west  line  of  South 

*The  plat  which  forms  a part  of  this  ordinance  is  omitted. — Ed. 


44 


690 


RAILROADS. 


[§  349 


Clark  street,  and  sixteen  feet  therefrom  to  a point  nine  hundred  feet 
south  of  the  south  line  of  Fourteenth  street,  thence  west  on  a line  at 
right  angles  with  the  west  line  of  South  Clark  street  sixteen  feet  to 
the  west  line  of  South  Clark  street,  thence  south  on  the  west  line  of 
South  Clark  street  to  the  place  of  beginning;  also  the  right  to  lay 
down  and  operate  one  or  more  tracks  in  the  space  described,  and  the 
necessary  switches  and  turn-outs  on  and  from  said  tracks/and  also 
the  right,  power  and  authority  to  construct,  and  maintain,  and  operate 
all  of  said  tracks  forever,  subject,  however,  to  such  ordinances  and 
regulations  enacted  and  ordained  by  the  proper  authorities  of  the  city 
of  Chicago,  having  uniform  application  and  operation  upon  all  rail- 
ways within  the  limits  of  the  said  city. 

T 2.  Removal  of  tracks — Clark  street — build  wall,  openings, 
gates- -C.,  R.  I.  & P.  R.  R.  Co.  released  from  building.]  § 2. 

The  said  Lake  Shore  and  Michigan  Southern  Railway  Company  shall 
remove  from  South  Clark  street  its  tracks  and  switches,  except  those 
authorized  to  be  constructed  and  maintained  by  section  one  hereof, 
within  thirty  days  after  this  ordinance  shall  take  effect,  and  shall  with- 
in three  months  after  this  ordinance  shall  take  effect,  erect  and  for- 
ever maintain  a wall  ten  feet  in  Height  above  the  grade  of  said  street, 
with  foundation  not  less  than  three  feet  below  said  grade;  the  founda- 
tion to  be  of  good  fiat  building  stones  laid  in  cement  mortar,  not  less 
than  thirty  inches  wide  at  bottom,  and  twenty  inches  wide  at  grade 
line,  the  stone  work  to  be  built  two  feet  above  grade  line,  faced  on  the 
outside  with  hammer  dressed  stone,  with  water  table  6x12  inches  of 
cut  stone;  on  this  work  shall  be  a brick  wall  divided  into  panels  with 
piers  two  feet  wide  every  six  feet  apart,  the  wall  to  be  twenty  inches 
thick  at  the  piers,  and  sixteen  inches  thick  between  the  piers,  the  brick 
to  be  hard  burned  and  square  laid  in  lime  mortar,  well  built  and 
thoroughly  banded,  and  the  joints  to  be  neatly  struck  on  the  outside, 
to  have  a coping  of  stone  on  the  top  twenty-four  inches  wide,  and  six 
inches  thick,  bevelled  to  four  inches  on  the  outer  edge,  the  coping  to 
be  set  and  pointed  in  pure  cement  and  dowelled  together,  from  the 
point  named  in  the  first  section  hereof,  on  the  west  line  of  Clark  street 
one  thousand  feet  south  of  the  south  line  of  Fourteenth  street,  thence 
by  the  line  therein  mentioned,  running  northeasterly,  north  and  north- 
westerly to  the  point  in  the  west  line  of  South  Clark  street  five  hun- 
dred and  fifty  feet  south  of  the  south  line  of  Twelfth  street;  that  said 
wall  shall  be  extended  along  the  west  line  of  South  Clark  street  as 
to  make  each  end  thereof  at  least  twenty-five  feet  from  the  point  where 
the  track  of  the  said  Lake  Shore  and  Michigan  Southern  Railway 
Company  situated  west  of,  nearest  to  said  wall,  crosses  the  west  line 
of  said  South  Clark  street;  that  the  middle  line  of  said  extension  of 
said  wall  shall  be  ten  inches  east  of  said  west  line  of  Clark  street,  and 
that  the  middle  line  of  the  remainder  of  said  wall  shall  be  the  line  above 
described,  extending  from  the  point  one  thousand  feet  south  of  the 


691 


§ 349]  LAKE  SHORE  & MICHIGAN  SOUTHERN  RAILWAY  COMPANY. 

south  line  of  Fourteenth  street  in  a northeasterly,  north  and  north- 
westerly direction  to  the  point  five  hundred  and  fifty  feet  south  of  the 
south  line  of  Twelfth  street;  that  an  open  space  may  be  left  in  said 
wall  for  the  existing  track  connecting  the  track  of  the  said  Lake  Shore 
and  Michigan  Southern  Railway  Company  with  the  warehouse  of 
George  A.  Severance;  that  it  shall  also  have  the  right  to  leave  two 
gateways  in  said  wall  for  the  passage  of  teams,  with  gates  at  each 
of  the  said  openings,  constructed  to  as  to  slide  in  said  wall  in  such 
manner  as  to  close  said  open  spaces  when  the  same  are  not  in  actual 
use  for  the  movement  of  cars  unto  said  warehouse,  or  for  the  passage 
of  teams  through  such  gateways;  that  said  gates  shall  be  ten  feet  high, 
and  so  make  as  to  obstruct  the  view  of  the  cars  from  said  street;  that 
it  shall  also  leave  in  said  wall  one  open  space  sufficient  for  the  cross- 
ing of  the  Chicago,  Rock  Island  and  Pacific  Railroad  Company  from 
the  tracks  in  its  yard  upon  the  west  side  of  Clark  street  to  its  ware- 
house on  the  east  side  thereof,  and  it  shall  be  the  duty  of  the  said 
Chicago,  Rock  Island  and  Pacific  Railroad  Company  to  cause  to  be 
constructed  at  said  opening  a gate  of  the  kind  or  essentially  similar  to 
one  of  the  gates  now  used  at  the  crossing  of  the  Chicago,  Burlington 
and  Quincy  Railway  over  Michigan  avenue  in  the  city  of  Chicago, 
and  by  such  gate  to  keep  the  said  track  closed  when  not  in  actual  use 
for  the  movement  of  cars  between  its  railroad  yard  and  its  said  ware- 
house; that  the  right  is  hereby  granted  to  the  said  Chicago,  Rock 
Island  and  Pacific  Railroad  Company  to  erect  in  said  street  the  neces- 
sary machinery  for  working  such  gate,  which  machinery  shall  not  be 
located  east  of  the  east  line  of  said  wall;  that  the  said  Chicago,  Rock 
Island  and  Pacific  Railroad  Company  is  hereby  released  from  all  ob- 
ligation to  build  a wall  in  South  Clark  street  as  required  of  them  by 
the  ordinance  passed  on  the  twenty-fifth  day  of  July,  A.  D.  1876,  be- 
fore the  time  in  this  ordinance  specified,  within  which  the  said  Lake 
Shore  and  Michigan  Southern  Railroad  Company  is  required  to  com- 
plete the  wall  on  the  east  line  of  the  space  described  in  the  first  section 
hereof,  and  that  the  completion  of  said  wall  by  the  said  Lake  Shore 
and  Michigan  Southern  Railroad  Company  shall  operate  to  discharge 
said  Chicago,  Rock  Island  and  Pacific  Railroad  Company  from  any 
and  all  obligation  to  erect  a wall  in  said  South  Clark  street  as  required 
by  the  ordinance  above  mentioned. 

1 3.  Ordinance  a contract — delay,  extension  of  time.]  § 3. 

This  ordinance  shall  have  the  force  and  effect  of  a contract  between  the 
city  of  Chicago  and  the  said  Lake  Shore  and  Michigan  Southern  Rail- 
road Company  and  its  successors  and  assigns. 

Provided,  if  said  railway  company  shall  be  subjected  to  any  delay 
because  of  any  legal  proceedings  instituted  by  any  person  or  persons 
or  corporation  in  complying  with  any  of  the  terms  or  requirements  of 
this  ordinance,  or  in  availing  itself  of  any  of  the  grants  hereby  made, 
the  term  of  thirty  days  and  the  term  of  three  months  before  mentioned 


692 


RAILROADS. 


[§  349 


shall  be  extended  to  the  period  of  thirty  days  and  of  three  months  re- 
spectively from  and  after  the  dismissal,  by  order  or  decree  or  other- 
wise, of  such  proceedings;  but  it  is  also  provided  that  the  said  city 
shall  have  the  right,  at  its  option,  to  employ  at  its  own  expense  at- 
torneys to  aid  said  company  in  the  defense  of  any  such  proceedings. 

1 4.  Condition — vacation  of  part  of  Clark  street  by  the  two 
companies,]  § 4.  The  grant  of  the  right  of  way  to  said  Lake 
Shore  and  Michigan  Southern  Railway  Company  in  that  portion  of 
Clark  street  aforesaid,  is  made  by  said  city  and  accepted  by  said  com- 
pany upon  the  express  condition  that  said  company  remove  said  track 
and  build  said  wall  within  the  time  and  in  the  manner  aforesaid  and 
comply  in  all  respects  with  this  ordinance,  and  that  the  said  Chicago, 
Rock  Island  and  Pacific  Railroad  Company  shall  also  relinquish  any 
right  it  may  have  to  the  space  vacated  by  the  Michigan  Southern  Rail- 
road Company  under  this  ordinance. 

T 5.  Chicago  City  Ry.  Co— rights  in  Clark  street.]  § 5. 
The  Chicago  City  Railway  Company,  upon  the  removal  by  the  said 
Lake  Shore  and  Michigan  Southern  Railway  Company  of  its  tracks 
in  Clark  street  east  of  the  said  wall  as  described  in  this  ordinance,  may 
construct  its  track  in  Clark  street  in  conformity  with  the  provisions  of 
an  ordinance  passed  November  21,  1870;  Provided,  that  the  tracks 
of  said  Chicago  City  Railway  Company  in  that  part  of  Clark  street  op- 
posite the  said  described  wall  shall  be  laid  within  sixteen  feet  of  said 
wall  in  the  principal  part  thereof,  and  parallel  therewith,  and  that  said 
Chicago  City  Railway  shall  not  lay  its  tracks  in,  nor  occupy  in  the 
operation  of  its  cars  any  part  of  Clark  street  opposite  said  wall;  and 
east  of  the  sixteen  feet  of  said  street  next  east  of  said  wall,  and  parallel 
therewith;  and  provided  further,  that  the  said  Chicago  City  Railway 
shall,  at  or  before  the  time  it  shall  construct  its  said  tracks,  as  afore- 
said, pave  the  said  sixteen  feet  of  said  street  in  which  it  is  authorized 
to  lay  its  tracks  as  aforesaid,  with  cobblestone  pavement,  under  the 
superintendence  and  direction,  and  to  the  satisfaction  of  the  depart- 
ment of  public  works  of  the  city  of  Chicago. 

T 6.  Paving.]  § 6.  Whenever  at  any  time  hereafter  any  part 
of  Clark  street  immediately  north  of  the  part  of  said  street  opposite 
said  wall,  or  immediately  south  of  the  said  part  of  said  street,  shall 
be  ordered  to  be  paved  by  the  city  council  of  the  city  of  Chicago,  the 
said  Lake  Shore  and  Michigan  Southern  Railway  Company  shall  pave 
all  the  said  part  of  Clark  street  opposite  and  east  of  the  said  described 
wall,  except  the  said  sixteen  feet  of  said  street  to  be  occupied  and 
paved  by  the  City  Railway  Company,  in  the  same  manner  in  all  re- 
spects as  the  other  part  of  said  Clark  street  may  be  ordered  paved 
as  aforesaid;  and  at  the  same  time,  and  in  consideration  thereof,  the 
said  Lake  Shore  and  Michigan  Southern  Railway  Company  shall  be 
released  from  the  obligation  to  plank,  put  in  sewers,  and  pave  said 
street,  imposed  by  an  ordinance  passed  January  7,  1856. 


§ 35°]  LAKE  SHORE  & MICHIGAN  SOUTHERN  RAILWAY  COMPANY.  693 

1 7.  Penalty  for  non-removal  of  tracks  and  delay  as  to 
building  wall.]  § 7.  The  said  Lake  Shore  and  Michigan  Southern 
Railway  Company  shall  be  liable  to  a penalty  of  fifty  dollars  for  each 
day’s  delay  in  removing  said  railroad  tracks  as  aforesaid,  after  the  time 
herein  specified,  and  also  to  a like  penalty  of  fifty  dollars  for  each  day’s 
delay  in  completing  said  wall  in  all  respects  as  aforesaid  after  the  time 
herein  specified  therefor,  and  also  to  a like  penalty  of  fifty  dollars  for 
each  day’s  delay  in  commencing  work  on  said  pavement,  after  notice 
to  commence  the  same  from  the  department  of  public  works  of  said 
city,  and  the  said  Lake  Shore  and  Michigan  Southern  Railway  Com- 
pany shall  also  be  liable  to  a penalty  of  fifty  dollars  for  each  offense 
for  running  a train  on  to  any  portion  of  said  Clark  street  after  said 
tracks  shall  have  been  removed,  in  case  the  same  are  not  removed 
within  the  time  aforesaid,  and  for  running  a train  on  to  any  portion 
of  said  Clark  street  after  said  wall  should  have  been  completed  as 
aforesaid,  in  case  the  same  shall  not  be  completed  within  the  time  and 
in  the  rnaner  aforesaid;  said  penalties  to  be  recovered  against  said 
company  on  behalf  of  said  city  before  any  justice  of  said  city  or  any 
court  of  competent  jurisdiction. 

1"  8.  Acceptance.]  § 8.  The  said  Lake  Shore  and  Michigan 
Southern  Railroad  Company  shall  within  ten  days  after  the  passage 
of  this  order,  duly  signify  its  acceptance  thereof. 

IT  9.  When  in  force.]  § 9.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  amendatory  ordinance. 

§ 350.  Lake  Shore  & Michigan  Southern  Railway  company 
(amendment). 

IT  1.  Amending  section  2 of  foregoing  ordinance. 

IT  2.  Amending  section  8 of  foregoing  ordinance. 

An  ordinance  amending  sections  2 and  8 of  an  ordinance  concerning  the  removal 

of  railroad  tracks  from  Clark  street,  passed  October  27,  1879.  (Passed  No- 
vember 10,  1879.) 

1 1.  Amending  section  2 of  foregoing  ordinance.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

section  two  of  an  ordinance  concerning  the  removal  of  railroad  tracks 
from  Clark  street  passed  October  27,  be  and  the  same  is,  hereby 
amended  by  striking  out  the  words  “within  three  months  after  this 
ordinance  shall  take  effect,”  and  inserting  in  lieu  thereof  the  words 
“before  June  1,  A.  D.  1880.” 

T 2.  Amending  section  8 of  foregoing  ordinance.]  § 2. 

That  section  8 of  said  ordinance  be  and  the  same  is  hereby  amended 
by  striking  the  words  “within  ten  days  after  the  passage  of  this  order,” 
and  inserting  in  lieu  thereof  “on  or  before  the  tenth  day  of  December 
1879.” 


694 


RAILROADS. 


[§§351,  351 2 


§ 351.  Lake  Shore  & Michigan  Southern  Railway  company. 

TT  1.  Route. 

TT  2.  Supervision — non- interference  with  travel. 

if  3.  Operation. 

*jf  4.  When  in  force. 

An  ordinance  relating  to  the  Lake  Shore  & Michigan  Southern  Railway  com- 
pany. (Passed  March  15,  1880.) 

1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  is  hereby  granted  to 

the  Lake  Shore  and  Michigan  Southern  Railway  Company  to  lay 
down  and  operate  one  or  more  railroad  tracks  over  and  across  the 
property  lately  purchased  by  said  company  between  Twenty-second 
and  Twenty-fifth  streets  in  said  city,  being  all  of  blocks  3,  8 and  13  in 
Uhlich  & Muhlke’s  addition  to  Chicago,  in  the  east  half  of  the  north- 
east quarter  of  section  28,  town  39,  range  14  east,  of  the  third  principal 
meridian,  and  to  lay  and  operate  such  tracks  across  the  streets  and 
alleys  lying  between  said  blocks  within  the  boundaries  aforesaid,  said 
Twenty-second  street  and  Twenty-fifth  street  inclusive. 

T 2.  Supervision— non-interference  with  travel.]  § 2.  All 

tracks  laid  across  the  streets  aforesaid  shall  be  laid  under  direction  of 
the  department  of  public  works,  and  in  such  a manner  as  not  to  inter- 
fere with  travel  along  such  streets.  Convenient  crossings  shall  be  made 
and  maintained  across  such  streets  and  alleys  at  the  expense  of  said 
company,  and  not  in  any  manner  at  the  cost  of  said  city. 

3.  Operation.]  § 3.  Said  company  may  use  and  operate 
said  railroad  tracks  within  the  limits  aforesaid,  with  locomotive  en- 
gines and  cars,  under  such  rules  and  regulations  as  the  city  council 
now  has  or  may  hereafter  make,  having  uniform  application  to  all  rail- 
roads in  said  city. 

T 4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 352.  Lake  Shore  & Michigan  Southern  Railway  company. 

TT  1.  Route. 

IT  2.  Rights  of  property  owners  and  others  as  to  block  73. 

IT  3.  Acceptance. 

An  ordinance  granting  permission  to  the  Lake  Shore  & Michigan  Southern  Rail- 
way company  to  lay  track  in  alley  between  its  right  of  way  and  block  73, 
South  Chicago.  (Passed,  approved  and  filed  April  24,  1889.) 

1.  Route,]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  be  and 

the  same  is  hereby  granted  to  the  Lake  Shore  and  Michigan  Southern 
Railway  Company,  its  successors  and  assigns  to  lay  down,  maintain 
and  operate  a double  track  switch  or  sidetrack  to  its  freight  house  in 
block  73,  South  Chicago,  in,  along  and  upon  that  part  of  the  alley  ly- 
ing between  the  right  of  way  of  said  company  and  said  block  73,  which 


§ 353]  lake  shore  & Michigan  southern  railway  company.  695 


lies  between  the  southeasterly  line,  extended,  of  lot  32,  and  the  north- 
westerly line,  extended,  of  lot  15,  in  said  block,  according  to  the  plat 
hereto  annexed  (see  original  ordinance  for  plat). 

1 2.  Rights  of  property  owners  and  others  as  to  block  73.] 
§ 2.  The  permission  and  right  granted  in  section  one  hereof  is  upon 
the  express  condition  that  so  long  as  the  same  shall  be  enjoyed  by  said 
company,  it  shall  permit  the  owners  of  property  in  said  block  73,  and 
those  doing  business  with  such  owners,  to  pass  over,  along  and  upon 
its  property,  being  lots  16  to  31,  both  inclusive  in  said  block  73,  as 
means  of  access  to  the  lots  in  said  block;  but  nothing  contained  here- 
in, or  in  the  acceptance  hereof,  by  said  company,  shall  continue  to 
such  owners  or  others  the  right  to  cross  the  lots  of  said  company  for 
any  longer  or  other  period  than  the  time  during  which  such  switch 
and  sidetrack  shall  occupy  that  part  of  said  alley  hereinbefore  de- 
scribed. 

IT  3.  Acceptance.]  § 3.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  acceptance  by  said  company. 

§ 353.  Lake  Shore  & Michigan  Southern  Railway  company. 

1.  Route — supervision. 

^f  2.  Conformity  to  grade — cost  paid  by  company. 

Tf  3.  Not  to  obstruct  travel. 

If  4.  Extension  of  streets  across  tracks — dismissal  of  suit. 

If  5.  Bond. 

If  6.  Subject  to  ordinances. 

if  7.  Acceptance — bond — stipulation. 

An  ordinance  granting  permission  to  the  Lake  Shore  & Michigan  Southern  Rail- 
way company  to  lay  down  and  maintain  track  or  tracks  across  Seventeenth 
and  Sixteenth  streets,  etc.  (Passed  August  5,  1889.  Accepted  August  19, 
1889.) 

IT  1.  Route — supervision.]  Be  it  ordained  by  the  city  council 

of  the  city  of  Chicago:  § 1.  Subject  to  all  the  terms  and  conditions 

herein  contained,  permission  and  authority  are  hereby  granted  to  the 
Lake  Shore  and  Michigan  Southern  Railway  Company  to  lay  down, 
maintain  and  operate  one  or  more  railway  tracks,  with  the  necessary 
frogs  and  guard  rails,  across  Seventeenth  street  and  Sixteenth  street, 
between  the  east  line  of  Wentworth  avenue  and  the  west  line  of  La- 
Salle street,  and  also  two  railway  tracks,  extending  from  that  portion 
of  the  east  line  of  LaSalle  street  north  of  a point  sixty  (60)  feet  south 
of  the  south  line  of  Sixteenth  street,  on  a curve  in  said  LaSalle  and 
Sixteenth  streets  to  that  portion  of  the  north  line  of  Sixteenth  street, 
between  the  east  and  west  lines  of  LaSalle  street  extended,  subject, 
however,  to  the  direction  and  supervision  of  the  commissioner  of  pub- 
lic works  of  said  city,  in  the  construction  of  said  tracks  and  the  paving 
and  keeping  in  repair  of  so  much  of  said  streets  and  crossing  as  may 
be  occupied  by  said  railway  company  with  its  tracks,  switches  and 
turnouts,  and  its  doing  and  performing  all  the  work  provided  for  by 


696  RAILROADS.  [§  353 

the  passage  of  this  ordinance.  Said  tracks  to  conform  substantially  to 
plat  attached  to  this  ordinance. 

1 2.  Conformity  to  grade— cost  paid  by  company.]  § 2. 

The  said  Lake  Shore  and  Michigan  Southern  Railway  Company 
agrees,  under  the  direction  of  the  city  council,  or  the  commissioner  of 
public  works,  to  raise  or  lower  its  tracks  along  the  right  of  way  from 
Sixteenth  street  to  Thirty-ninth  street,  so  as  to  conform  to  the  present 
grade  established  by  the  city  of  Chicago  at  the  several  streets  inter- 
secting their  right  of  way  within  the  limits  aforesaid.  At  streets  where 
no  grade  is  established,  the  grade  of  the  tracks  shall  conform  to  a 
straight  line  projected  between  the  two  nearest  established  grades. 
The  total  cost  and  expense  made  necessary  to  raise  or  lower  said  tracks 
shall  be  borne  by  the  said  Lake  Shore  and  Michigan  Southern  Rail- 
way Company,  and  the  city  of  Chicago  shall  be  saved  harmless  there- 
from. 

1 3.  Not  to  obstruct  travel.]  § 3.  The  said  Lake  Shore  and 
Michigan  Southern  Railway  Company  shall  not  obstruct  public  travel 
in  LaSalle  street  and  Wentworth  avenue  along  the  right  of  way  of  said 
company  within  said  limits. 

IF  4.  Extension  of  street^  across  tracks — dismissal  of  suit.] 

§ 4.  Said  Lake  Shore  and  Michigan  Southern  Railway  Company 
shall,  whenever  notified  and  required  by  the  mayor,  permit  the  city  of 
Chicago  to  extend  streets  across  the  right  of  way  in  perpetuity,  wher- 
ever such  streets  shall  terminate  at  such  right  of  wav  north  of  Sixty- 
first  street,  except  at  points  where  a railroad  yard,  building  or  fence 
is  established;  but  before  such  right  shall  take  effect  the  said  city  shall 
grade  and  plank  said  street  across  said  right  of  way  and  prepare  the 
same  for  public  travel,  and  upon  such  notification  and  improvement 
the  portion  of  such  right  of  way  so  intersected  by  such  street  shall  be 
held  to  be  dedicated  by  said  railway  company  in  perpetuity  for  street 
purposes,  subject  to  the  right  of  said  railway  company  to  use  said 
land  so  dedicated  for  all  purposes  not  inconsistent  with  such  dedica- 
tion; and  the  city  shall  have  the  same  jurisdiction  over' the  street  so 
dedicated  that  it  would  have  were  it  extended  across  such  right  of  way 
by  condemnation,  and  shall  maintain  the  same  in  proper  condition 
for  public  travel  not  inconsistent  with  its  use  for  railway  traffic;  and 
said  railway  company  shall,  on  or  before  the  acceptance  of  this  ordi- 
nance, cause  to  be  dismissed  a certain  bill  of  complaint  filed  in  the 
Superior  court  of  Cook  county,  and  having  the  general  number  of 
104,651,  entitled  “The  Chicago,  Rock  Island  and  Pacific  Railway  Com- 
pany and  the  Lake  Shore  and  Michigan  Southern  Railway  Company 
vs.  the  city  of  Chicago,”  which  bill  prays  for  an  injunction  against 
the  city  of  Chicago  to  restrain  said  city  or  its  officers  from  interfering 
or  intermeddling  with  the  tracks  of  said  companies  at  Twenty-fourth 
street. 

IT  5.  Bond.]  § 5.  Before  exercising  any  of  the  rights  hereby 


§ 354]  LAKE  SHORE  & MICHIGAN  SOUTHERN  RAILWAY  COMPANY.  697 

granted  the  said  Lake  Shore  and  Michigan  Southern  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a bond  in  the  penal  sum  of 
fifty  thousand  (50,000)  dollars,  to  be  approved  by  the  mayor,  condi- 
tioned that  said  company  shall  and  will  observe  and  perform  all  the 
provisions  of  this  ordinance,  and  shall  and  will  forever  indemnify  and 
save  harmless  said  city  of  Chicago  against  and  from  any  and  all  dam- 
ages, judgments,  decrees,  costs  and  expenses  of  the  same,  which  said 
city  may  suffer,  or  which  may  be  recovered  or  obtained  against  said 
city  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the 
passage  of  this  ordinance,  or  from  any  act  or  acts  of  said  company 
under  or  by  virtue  of  the  privileges  of  this  ordinance;  and  it  is  hereby 
further  provided  that  upon  the  recovery  of  any  final  judgment  or 
judgments  against  the  said  city  as  aforesaid,  the  said  company  shall 
immediately,  and  without  prior  payment  of  such  judgment  or  judg- 
ments by  said  city,  be  liable  to  pay  and  shall  pay  the  amount  or 
amounts’  thereof  to  the  said  city,  and  the  fact  that  the  said  city  may 
not  have  paid  such  judgment  or  judgments  shall  constitute  no  defense 
on  the  part  of  said  company. 

1 6.  Subject  to  ordinances.]  § 6.  The  privileges  and  rights 
herein  granted  shall  be  subject  to  all  laws  and  ordinances  governing 
railroads  now  or  which  hereafter  may  be  in  force,  passed  by  the  legis- 
lature of  the  state  or  by  the  city  council. 

T 7.  Acceptance — bond — stipulation.]  § 7.  This  ordinance 
shall  take  effect  and  be  in  force  when  the  said  Lake  Shore  and  Michi- 
gan Southern  Railway  Company  shall  file  with  the  city  clerk  its  writ- 
ten acceptance  of  the  terms  and  conditions  of  this  ordinance,  and  shall 
file  the  bond  herein  provided  for,  and  shall  file  a stipulation  with  the 
city  clerk  that  said  suit  may  be  dismissed,  each  party  to  pay  its  own 
costs,  the  matter  in  controversy  therein  having  been  settled.  If  said 
acceptance  and  bond  shall  not  be  filed  within  thirty  (30)  days  from  the 
passage  hereof,  this  ordinance  shall  be  null  and  void. 

§ 354.  Lake  Shore  & Michigan  Southern  Railway  company. 

•ff  1.  Preamble. 

Hi  2.  Authority  to  relay  tracks. 

Ht  3.  Conditions. 
i 4.  Acceptance  and  bond. 

An  ordinance  authorizing  the  Lake  Shore  & Michigan  Southern  Railway  com- 
pany to  replace,  relay,  maintain  and  operate  certain  switch  tracks  across 
State  street  and  across  Sixty-third  street.  (Passed  July  8,  1895.  Accepted 
July  20,  1895.) 

T 1.  Preamble.]  Whereas,  the  Lake  Shore  and  Michigan 
Southern  Railway  Company  for  many  years  prior  to  the  month  of 
April,  A.  D.  1894,  maintained  and  operated  certain  switch  tracks  across 
the  surface  of  State  street,  and  also  across  the  surface  of  Sixty-third 
street,  and  used  and  employed  such  switch  tracks  in  the  transaction 
of  its  necessary  business;  and 


698 


RAILROADS. 


Whereas,  in  the  month  of  April,  A.  D.  1894,  all  of  said  switch 
tracks  were  removed  by  authority  of  the  city  of  Chicago ; and 

Whereas,  on  the  9th  of  July,  A.  D.  1894,  the  city  council  of  the 
city  of  Chicago  passed  a certain  ordinance  requiring  the  said  railway 
company  to  elevate  the  plane  of  its  railroad  tracks  above  the  surface 
of  the  streets  in  the  city  of  Chicago,  as  in  said  ordinance  prescribed; 
and 

Whereas,  the  said  Lake  Shore  and  Michigan  Southern  Railway 
Company  has  accepted  and  complied  with  all  the  terms  and  conditions 
of  the  said  last  mentioned  ordinance,  as  far  as  possible  up  to  this  time, 
and  is  now  in  good  faith  engaged  in  the  work  of  elevating  the  plane  of 
its  said  railway  tracks  above  the  streets  of  the  said  city  as  by  the  said 
ordinance  required ; and 

Whereas,  it  is  necessary  until  the  work  of  elevating  said  tracks 
shall  be  completed  as  required  by  said  ordinance,  that  the  said  rail- 
way company  should  have  the  privilege  of  replacing,  relaying,  main- 
taining and  operating  the  same  switch  tracks  on  the  surface  of  the 
street  across  said  State  street  and  63rd  street,  as  the  same  were  thereon 
laid  before  their  removal  as  hereinbefore  stated;  now,  therefore, 

T 2.  Authority  to  relay  tracks.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 
are  hereby  given  to  the  Lake  Shore  and  Michigan  Southern  Railway 
Company  to  replace,  relay,  maintain  and  operate  upon  and  across  the 
surface  of  State  street,  and  upon  and  across  the  surface  of  Sixty-third 
street,  the  same  switch  tracks  used,  operated  and  maintained  by  it, 
upon  and  across  the  surface  of  said  streets  respectively,  prior  to  April 
1st,  1894. 

1”  3.  Conditions.]  § 2.  The  permission  and  authority  herein- 
before granted  are  upon  and  subject  to  the  following  express  condi- 
tions and  limitations: 

First.  That  all  rights  and  privileges  conferred  by  section  one  of 
this  ordinance  shall  absolutely  cease  and  determine  without  any  action 
of  any  kind  upon  the  part  of  the  city,  upon  the  expiration  of  the  time 
limited  for  the  elevation  of  the  plane  of  the  railway  tracks  of  said  com- 
pany above  the  surface  of  the  respective  streets  herein  mentioned,  as 
prescribed  in  an  ordinance  entitled  “An  ordinance  requiring  the  Lake 
Shore  and  Michigan  Southern  Railway  Company  and  the  Chicago, 
Rock  Island  and  Pacific  Railway  Company  to  elevate  the  plane  of 
certain  of  their  railway  tracks  within  the  city  of  Chicago,’’  passed 
July  9,  1894. 

Second.  The  said  railway  tracks  shall  be  laid  and  maintained 
under  the  supervision  of  the  commissioner  of  public  works,  and  sub- 
ject to  all  ordinances  now  in  force,  or  which  may  hereafter  be  adopted, 
regulating  the  use  and  operation  of  steam  railways  upon  or  across 
the  surface  of  public  streets. 

Third.  Before  this  ordinance  shall  take  effect  or  be  operative  for 
any  purpose  whatever,  the  said  railway  company  shall  file  a written 


§ 354a]  NEW  YORK,  CHICAGO  & ST.  LOUIS  RAILWAY  COMPANY.  699 

acceptance  thereof  with  the  city  clerk,  and  shall  also  file  with  said 
clerk  a bond  payable  to  the  city  of  Chicago  in  the  penal  sum  of  ten 
thousand  dollars,  with  sureties  to  be  approved  by  the  mayor,  con- 
ditioned for  the  faithful  performance  and  observance  by  said  railway 
company  of  all  the  conditions  and  requirements  of  this  ordinance,  and 
to  indemnify  the  city  from  and  against  all  claims  for  damages  which 
may  in  any  manner  arise  or  accrue  on  account  of  the  passage  of  this 
ordinance,  or  in  consequence  of  any  act  or  thing  which  may  be  done 
or  performed  under  its  provisions,  or  by  authority  thereof. 

1 4.  Acceptance  and  bond.]  § 3.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  the  filing  of  the  within  acceptance 
and  bond  hereinbefore  required,  if  the  said  acceptance  and  bond  shall 
be  so  filed  within  ten  days  after  the  passage  hereof,  otherwise  this  ordi- 
nance shall  not  take  effect. 


NEW  YORK,  CHICAGO  & ST.  LOUIS  RAILWAY  COMPANY. 

§ 354a.  New  York,  Chicago  & St.  Louis  Railway  company. 

T[  1.  Route. 

it  2.  Authority  to  cross  streets,  etc. — repair  of  streets. 

1[  3.  Authority  to  lay  tracks. 

it  4.  When  in  force. 

An  ordinance  granting  permission  to  the  New  York,  Chicago  and  St.  Louis  Rail- 
way company  to  lay  down  certain  tracks.  (Passed  and  approved  August  12, 
1881.  Bond  approved  August  19,  1881.) 

If  1.  Route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  be  and  is 
hereby  granted  to  the  New  York,  Chicago  and  St.  Louis  Railway 
Company  to  construct,  lay  down,  maintain  and  operate  a railroad  with 
one  or  more  tracks,  and  such  switches,  sidings  and  turn-outs  as  may  be 
necessary,  along  and  upon  the  following  route  in  the  village  of  Hyde 
Park,  Illinois,  to  wit:  Beginning  at  a point  about  three  hundred  and 
forty  (340)  feet  west  of  the  southeast  corner,  section  thirty-one  (31),  on 
the  line  between  township  thirty-six  (36)  and  thirty-seven  (37);  thence 
north  550  west  to  a point  in  the  south  half  of  the  southeast  quarter  of 
section  twenty-five  (25),  where  a line  of  Gillett  avenue  in  Irondale  ex- 
tended south  would  intersect  said  line  south  of  the  Calumet  river; 
thence  north  along  said  line  of  Gillett  avenue  extended  to  a point  north 
of  the  Calumet  river,  between  lot  No.  five  (5)  of  Linn  and  Hawkin- 
son’s  subdivision,  and  lot  No.  twelve  (12)  of  Wisner’s  subdivision,  in 
center  of  Gillett  avenue;  thence  north  in  the  center  of  said  Gillett  ave- 
nue to  the  north  line  of  One  Hundred  and  Sixth  (106th)  street  in  the 
said  village  of  Irondale;  thence  north  270  west,  crossing  One  Hundred 


700 


RAILROADS. 


[§  354a 


and  Fifth  (105th)  street  at  the  intersection  with  Powell  avenue,  cross- 
ing One  Hundred  and  Fourth  (104th)  street  at  its  intersection  with 
Iiewes  avenue,  crossing  One  Hundred  and  Third  (103d)  street  at  its 
intersection  with  Scoville  avenue,  and  One  Hundred  and  Second  (i02d) 
street  at  its  intersection  with  Willett  avenue,  and  also  the  alleys  be- 
tween said  streets;  thence  through  the  west  half  of  southeast  quarter 
of  section  twelve  (12)  north  of  the  Indiana  boundary  line,  also  the  west 
half  of  the  northeast  quarter  of  said  section  twelve  (12);  thence  across 
Ninety-fifth  (95th)  street,  and  the  Chicago,  Rock  Island  and  Pacific 
Railroad,  and  the  Chicago  and  Western  Indiana  Railroad;  thence 
through  the  southwest  quarter  of  section  one  (1),  crossing  Ninety-third 
(93d)  street  in  said  quarter  section,  crossing  Ninety-first  street  on  north 
line  of  said  quarter  section;  thence  through  a portion  of  the  north- 
west quarter  of  section  one  (1),  crossing  Ninetieth  (90th)  street  in  the 
south  half  of  said  quarter  section;  thence  crossing  Stony  Island  ave- 
nue between  said  section  one  (1)  and  northeast  quarter  of  section  two 
(2);  thence  through  northeast  quarter  of  said  section  two  (2);  thence 
crossing  Eighty-seventh  (87th)  street  on  north  line  of  said  quarter  sec- 
tion of  said  section  two  (2);  thence  through  the  southeast  quarter  of 
section  thirty-five  (35)  of  township  thirty-eight  (38),  crossing  Eighty- 
third  (83d)  street  on  north  line  of  said  quarter  section  thirty-five  (35) ; 
thence  through  west  half  of  the  northeast  quarter  of  section  thirty- 
five  (35);  thence  through  a portion  of  the  northwest  quarter  of  section 
thirty-five  (35)  to  Rhodes  avenue;  thence  north  on  Rhodes  avenue  to 
the  Illinois  Central  Railroad,  and  all  the  alleys  between  said  streets. 
Said  railway  company  is  hereby  authorized  and  empowered  to  change 
or  vary  its  line  above  described,  for  the  distance  of  a mile  east  or  west, 
as  shall  best  subserve  the  interests  of  said  company. 

T 2.  Authority  to  cross  streets,  etc. — repair  of  streets.]  § 2. 

The  said  railway  company  may  cross  any  and  all  intervening  streets, 
alleys  and  railroad  tracks  upon  or  along  the  line  of  the  said  route, 
as  designated  in  the  first  section,  said  company  to  be  subject  at  all 
times  to  the  direction  of  the  proper  department  or  officers  of  said  vil- 
lage, in  making  the  crossings  or  connections  with  other  roads  and 
the  keeping  in  repair  so  much  of  said  streets,  alleys  and  crossings,  as 
[may]  be  occupied  by  said  railway  company  with  its  tracks,  switches 
and  turnouts. 

T 3.  Authority  to  lay  tracks.]  § 3.  The  said  railway  com- 
pany may,  and  it  is  hereby  authorized  to  lay  down,  maintain  and  op- 
erate one  or  more  railroad  tracks,  with  such  turnouts,  side  tracks  and 
switches  as  it  shall  deem  necessary,  over  and  across  any  land  which  it 
may  acquire  upon  the  line  of  said  route  by  lease,  purchase,  condemna- 
tion or  otherwise,  and  the  said  railway  company  may  use  and  operate 
the  railroad  tracks  hereby  authorized  to  be  laid  with  locomotive  en- 
gines and  cars,  subject  to  all  ordinances  of  the  village  of  Hyde  Park 
applicable  to  railroads,  which  are  now  or  hereafter  may  be  enforced. 


§ 355]  NEW  YORK,  CHICAGO  & ST.  LOUIS  RAILWAY  COMPANY.  701 

This  ordinance  shall  not  [take  effect]  until  said  company  shall  have 
given  a bond  in  the  sum  of  $25,000. 

T 4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Note.— See  following  amendatory  ordinance. 

§ 355.  New  York,  Chicago  & St.  Louis  Railway  company. 

IT  1.  Route  as  amended. 

2.  Street  crossings — repairs — ditches,  etc. 

3.  Motive  power. 

4.  Viaducts, 
it  5.  Indemnity. 

Tf  6.  Side  tracks — conditions — joint  user  of  main  tracks — liability, 
if  7.  Build  crossings — flagmen, 
if  8.  Subject  to  ordinances. 

An  ordinance  to  amend  an  ordinance  entitled  “An  ordinance  granting  permis- 
sion to  the  New  York,  Chicago  & St.  Louis  Railway  company,  to  lay  down 
certain  tracks,”  passed  August  12,  1881.  (Passed  and  approved  April  30, 
1883.) 

% 1.  Route  as  amended.  ] Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  section  one 
of  the  said  ordinance  be  and  is  hereby  so  amended  that  permission 
is  hereby  given  the  said  New  York,  Chicago  & St.  Louis  Railway 
Company  to  extend  its  tracks  into  the  village  of  Hyde  Park,  Cook 
county,  Illinois,  as  follows,  to  wit:  Beginning  at  a point  in  its  lines  as 
now  constructed  south  of  81st  street;  thence  northeasterly  to  and 
across  81  st  street;  thence  northeasterly  across  block  123,  to  and  across 
80th  street;  thence  northeasterly  across  blocks  108  and  109  and  across 
Rhodes  avenue,  as  said  Rhodes  avenue  appears  on  the  plat  of  Cor- 
nell; thence  across  79th  street  and  blocks  93  and  94  to  78th  street: 
thence  across  78th  street  to  and  across  block  80;  then  by  a curve  to  the 
right  across  block  79  to  Woodlawn  avenue;  thence  across  Woodlawn 
avenue  and  77th  street  at  or  near  their  intersection  to  block  61 ; thence 
northeasterly  by  a tangent  to  the  south  line  of  lot  one  in  said  block  61 ; 
thence  by  a curve  to  the  left  across  said  lot  one  in  block  61  to  the 
right  of  way  of  the  Pittsburgh,  Fort  Wayne  & Chicago  Railway  Com- 
pany; thence  across  said  right  of  way  and  76th  street  to  the  Michigan 
Southern  & Lake  Shore  Railroad. 

• 2.  Street  crossings— repairs— ditches,  etc.]  § 2.  The  said 
railway  company  may  cross  any  and  all  intervening  streets,  alleys  or 
railroad  tracks  upon  or  along  the  line  of  said  route  as  designated  in 
section  one  hereof:  Provided,  that  the  said  railroad  company  shall 

not  construct,  operate,  or  maintain  more  than  two  tracks  on  or  across 
or  upon  any  of  the  streets  and  alleys  along  the  line  of  said  route 
specified  in  this  amended  ordinance;  and  provided  further,  that  said 
crossings  shall  be  made  at  such  places,  and  in  such  manner,  as  the 
superintendent  of  public  works  shall  direct.  And  said  company  shall 
be  subject  at  all  times  to  the  direction  of  the  department  of  public 


702 


RAILROADS. 


[§  355 


works,  or  other  proper  department,  or  officer  of  said  village,  in  the 
construction  of  its  tracks  mentioned  in  said  original,  or  in  this  amended 
ordinance,  in  making  the  crossings  or  connections  with  other  roads 
and  the  keeping  in  repair  so  much  of  said  streets,  alleys  and  crossings 
as  may  be  occupied  by  said  railway  company,  with  its  tracks,  switches 
and  turnouts,  and  shall  also  construct  and  keep  in  repair  under  the 
direction  of  the  department  of  public  works,  or  other  proper  depart- 
ment, or  officer  of  said  village,  all  culverts,  drains  and  ditches  neces- 
sary for  carrying  off  the  water  on  both  sides  of  and  under  its  railroad 
in  the  village  of  Hyde  Park,  and  to  prevent  the  accumulation  of  water, 
by  reason  of  the  construction  of  said  railroad,  and  shall  also  construct 
and  maintain  a ditch  or  drain  on  each  side  of  said  railroad,  continuous 
through  the  village  of  Hyde  Park,  of  sufficient  width  and  depth  to 
afford  free  discharge  of  the  water  that  may  accumulate  along  the  line 
of  said  railroad;  the  necessary  culverts  under  and  across  77th  street 
and  Woodlawn  avenue  to  be  finished  before  September  1,  1883. 

If  3.  Motive  power.]  § 3.  Said  railway  company  may,  and  it  is 
hereby  authorized  to  use  and  operate  the  railroad  tracks  hereby  author- 
ized to  be  laid,  with  its  locomotives,  engines  and  cars,  subject  to  all 
ordinances  of  the  village  of  Hyde  Park,  applicable  to  railroads,  which 
are  now  or  hereafter  may  be  in  force. 

IT.  4.  Viaducts.]  § 4.  The  permission,  authority  and  privileges 
hereby  granted  are  upon  the  express  condition  that  the  said  railway 
company  shall  erect  and  maintain  viaducts  over  any  of  its  tracks  upon 
any  street  or  streets  of  said  village,  which  may  be  crossed  by  its  tracks, 
where  and  as  the  board  of  trustees  may  from  time  to  time  require,  and 
under  the  supervision  of  the  department  of  public  works,  or  other 
proper  department,  or  officer  of  said  village,  and  in  making  and  con- 
structing the  approaches  to  all  such  viaducts:  Provided,  however,  that 
when  any  such  viaducts  cannot  be  built  at  any  such  street  crossing 
without  the  same  be  built  over  the  track  or  tracks  of  some  other  com- 
pany or  companies,  then  the  said  New  York,  Chicago  & St.  Louis 
Railway  Company  shall  only  be  obliged  to  join  with  such  other  last 
mentioned  company  or  companies  in  the  construction  and  maintenance 
of  such  viaduct  or  viaducts,  and  if  such  other  railroad  company  or 
companies  shall  not  join  in  the  erection  of  such  viaduct,  then,  when 
the  proportion  of  such  other  company  or  companies  shall  be  otherwise 
provided,  the  said  New  York,  Chicago  & St.  Louis  Railway  Company 
shall  pay  its  fair  proportion  of  the  cost  of  any  such  viaduct. 

If  5.  Indemnity.]  § 5.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  the  said  railroad 
company  shall  and  will  forever  indemnify  and  save  harmless  the  village 
of  Hyde  Park  against  and  from  any  and  all  damages,  judgments,  de- 
crees, and  cost  and  expenses  of  the  same,  which  it  may  suffer  or  which 
may  be  recovered  or  obtained  against  the  said  village,  for  or  by  reason 
of  the  granting  of  such  privileges  and  authority,  or  for  or  by  reason 


703 


§ 355]  NEW  YORK,  CHICAGO  & ST.  LOUIS  RAILWAY  COMPANY. 

of,  or  growing  out  of,  or  resulting  from  the  passage  of  this  ordinance, 
or  of  the  ordinance  to  which  this  is  amendatory,  or  any  matter  or 
thing  connected  therewith,  or  with  the  exercise  by  said  company  of 
the  privileges  hereby  granted,  or  from  any  act  or  acts  of  the  said  com- 
pany under  or  by  virtue  of  the  provisions  of  this  ordinance  or  of  the 
said  original  ordinance. 

6.  Side  tracks— conditions— joint  user  of  main  tracks — lia- 
bility,] § 6..  The  permission  and  authority  hereby  granted  are  upon 
the  further  express  condition,  to-wit:  That  said  railway  company  shall 
permit  any  corporation,  person  or  persons  duly  authorized  by  ordinance 
of  said  village,  to  construct  sidetracks  to  intersect  any  track  or  tracks 
of  said  railway  company  within  the  limits  of  said  village,  for  the  pur- 
pose of  conveying  property  to  and  from  such  railroads  to  any  ware- 
house, lumber  yard,  coal  yard,  or  any  manufactory  situated  within  one 
thousand  (i,ooo)  feet  of  said  railroad;  and  upon  reasonable  compensa- 
tion being  made  therefor  shall  at  all  times  permit  the  owners  or  lessees 
of  any  such  side  track,  or  the  consignee  of  any  property,  to  take  the  cars 
containing  such  property  to  him  or  them  consigned  to  any  such  ware- 
house, lumber  yard,  coal  yard  or  manufactory,  situated  upon  any  such 
side  track;  Provided,  however,  that  any  cars  so  taken  shall  be  returned 
without  any  unnecessary  delay,  and  that  any  such  owner,  lessee  or  per- 
son conducting  or  carrying  on  any  such  warehouse,  lumber  yard,  coal 
yard,  or  manufactory,  shall  be  entitled  to  have  any  property  taken  from 
any  such  warehouse,  lumber  yard,  coal  yard  or  manufactory,  over 
any  such  side  track  to  and  upon  the  tracks  of  said  railroad  under  the 
directions  and  regulations  of  said  railroad  company  without  unreason- 
able delay;  and,  provided  further,  that  the  privileges  authorized  herein 
are  granted  upon  the  express  condition  that  the  New  York,  Chicago 
& St.  Louis  Railway  Company  shall  permit  any  other  railroad  com- 
pany [ies],  not  exceeding  two  in  number,  which  have  not  at  present 
any  right  of  entrance  into  the  village  of  Hyde  Park,  to  use  the  said 
main  railroad  tracks  herein  authorized  to  be  laid  jointly  with  the  said 
New  York,  Chicago  & St.  Louis  Railway  Company,  upon  such  fair 
and  equitable  terms  as  may  be  agreed  upon  by  said  companies,  and 
in  event  that  said  companies  cannot  agree  upon  said  terms,  the  same 
shall  be  settled  by  three  disinterested  persons,  one  to  be  selected  by 
the  New  York,  Chicago  & St.  Louis  Railway  Company,  one  to  be 
named  by  such  other  company  as  may  desire  to  use  said  tracks,  and  the 
third  by  said  two  persons,  and  the  terms  and  conditions  which  shall 
be  fixed  and  determined  by  said  persons,  or  a majority  of  them,  shall 
be  the  terms  and  conditions  upon  which  said  companies  respectively 
shall  use  and  occupy  said  tracks;  and  upon  the  further  express  condi- 
tion that  said  New  York,  Chicago  & St.  Louis  Railway  Company,  and 
any  other  railroad  company  that  shall  construct  or  operate  said  rail- 
road under  this  ordinance,  or  under  lease  from,  or  under  contract  with, 
the  said  New  York,  Chicago  & St.  Louis  Railway  Company,  shall  be 
held  jointly  hound  to  pay  all  legal  damages  that  may  accrue  to  the 


704 


RAILROADS. 


[§  356 


owners  of  property,  by  reason  of  the  construction  or  operation  of  said 
railroad  under  this  ordinance,  or  the  ordinance  to  which  this  is  an 
amendment. 

1 7.  Build  crossings— flagmen.]  § 7.  Said  railroad  company 
shall  also  build  and  maintain  all  crossings  and  sidewalks  at  streets  and 
roads,  and  the  approaches  thereto,  under  the  direction  of  the  depart- 
ment of  public  works,  or  other  proper  department,  or  officer  of  said 
village,  and  shall  keep  a flagman  at  all  such  crossings,  or  construct 
and  maintain  gates  at  all  such  crossings,  in  such  manner  and  at  such 
places  as  shall  be  required  by  the  board  of  trustees  of  said  village. 

1 8.  Subject  to  ordinances.]  § 8.  The  privileges  hereby 
granted  said  railway  company  are  granted  upon  the  further  express 
condition  that  the  entire  length  of  the  railroad  of  said  railway  com- 
pany, in  the  village  of  Hyde  Park,  shall  be  subject  to  all  the  provisions 
cf  this  ordinance,  and  that  said  New  York,  Chicago  & St.  Louis  Rail- 
way Company  shall  at  all  times  be  subject  to  all  the  ordinances  now  in 
force,  or  hereafter  to  be  passed,  and  a failure  on  the  part  of  said  railway 
company  to  comply  with  the  provisions  of  any  ordinance  now  in  force, 
or  hereafter  to  be  passed,  shall  work  a forfeiture  of  the  rights  and  privi- 
leges granted  by  this  ordinance,  or  by  the  ordinance  of  which  this  is 
an  amendment. 


NORTHERN  RAILWAY  COMPANY. 


§ 


356.  Northern  Railway  company. 

If  1.  Route. 

2.  Conformity  to  grade — repair  of  roadway — paving. 
TF  . 3.  Use  of  streets. 

4.  Indemnity. 

IF  5-  Flagmen. 

TF  6.  Subject  to  ordinances. 

•jj  7*  Bonds. 

8.  Control  by  other  company  enjoined. 

IF  Q.  Time  limit  for  construction — conditions  of  grant. 
TF  10.  Successors  bound  by  all  provisions  herein. 

IF  n.  When  in  force. 


An  ordinance  granting  right  of  way  to  the  Northern  Railway  company.  (Passed 

February  5,  1866.) 

If  1.  Route.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § 1.  That  the  Northern  Railway  Company  is  hereby 

authorized  to  lay  down,  in  as  direct  a line  as  practicable,  in  the  center 
of  the  streets  and  avenues  hereinafter  enumerated  from  its  commence- 
ment to  the  termination  thereof,  within  the  city  limits,  a railroad  track, 
with  necessary  switches  and  turnouts,  and  to  operate  the  same  upon 


§356] 


NORTHERN  RAILWAY  COMPANY. 


705 


the  following  named  streets  and  avenues,  and  to  cross  all  streets  and 
avenues  intersecting  the  same  in  its  route,  to  wit:  Commencing  at  the 
northern  city  limits,  thence  along  Southport  avenue  to  Jones  avenue, 
thence  along  Jones  avenue  to  Hawthorne  avenue,  thence  along  Haw- 
thorne avenue  to  Larrabee  street,  thence  along  Larrabee  street  to 
Chicago  avenue,  or  to  the  street  used  and  known  as  Roberts  street, 
thence  along  Roberts  street  to  Kingsbury  street,  thence  on  Kingsbury 
street  to  the  north  line  of  Kinzie  street;  or  said  company  may,  instead 
of  using  that  portion  of  Chicago  avenue  from  Larrabee  to  Kingsbury 
street,  lay  their  track  across  any  land  legally  acquired  by  them,  in 
a direct  line  from  Larrabee  street  to  Kingsbury  street,  south  of  Erie 
street,  and  thence  on  Kingsbury  street  to  Kinzie  street. 

f 2.  Conformity  to  grade— repair  of  roadway— paving.]  § 2. 

It  shall  be  the  duty  of  the  board  of  public  works  to  furnish  said  com- 
pany with  the  grade  established  or  to  be  established  on  the  streets 
and  avenues  designated  in  section  one  of  this  ordinance,  or  upon  the 
streets  or  avenues  on  which  they  shall  lay  their  track,  and  when  or- 
dered by  the  common  council  or  the  board  of  public  works  said  com- 
pany shall  raise  the  same  to  grade,  and  with  an  average  depth  of  at 
least  one  foot  and  a half  of  gravel,  and  shall  lay  their  track,  as  far  as 
practicable,  in  such  a manner  that  a good  gravel  way  shall  be  main- 
tained for  the  use  of  the  public,  and  shall  keep  the  said  roadway  in 
good  repair  at  all  times,  the  said  improvement  to  be  done  under  the 
direction  of  the  board  of  public  works.  A failure  on  the  part  of  the 
company  to  comply  with  the  conditions  of  this  section  shall  work  a 
forfeiture  of  the  grant  made  under  this  ordinance:  Provided,  if  the 

said  railroad  company  shall  refuse  or  neglect  to  comply  with  the  pro- 
visions of  this  section,  or  shall  refuse  or  neglect  to  make  such  new  im- 
provement, when  recommended  by  the  board  of  public  works,  or  or- 
dered by  the  common  council,  within  a reasonable  time,  to  be  fixed 
by  any  ordinance  of  the  common  council,  then  the  work  may  be  done 
by  the  city,  and  the  cost  thereof  assessed  by  the  board  of  public  works 
on  said  company,  and  collected  as  other  assessments,  from  any  real 
or  personal  property  of  said  company.  But  if  the  board  of  public 
works  should  deem  it  inexpedient  that  said  new  improvement  should 
be  so  made  by  said  company,  then  the  same  shall  be  done  by  the  city, 
as  in  other  cases,  and  the  cost  thereof  assessed  upon  and  collected  of 
said  company  in  manner  as  aforesaid.  And  if  the  said  company  shall 
refuse  or  neglect  to  make  any  necessary  repairs  as  aforesaid,  or  the 
repairs  required  by  any  ordinances  heretofore  passed,  after  twenty 
days’  notice  from  the  board  of  public  works,  the  city  may  make  the 
improvements  and  collect  the  cost  thereof  by  suit  at  law  in  any  court 
of  competent  jurisdiction. 

IT  3.  Use  of  streets.]  § 3.  The  said  company  is  also  hereby 
required  to  so  lay  down  and  maintain  its  tracks,  switches  and  turnouts 
that  they  shall  interfere  as  little  as  practicable  with  the  usefulness  of 


45 


706 


RAILROADS. 


[§  356 


said  streets,  avenues  and  alleys  as  road  or  carriage-ways  and  shall  at 
all  times  keep  them  in  such  condition  as  to  allow  free  and  easy  passage 
for  vehicles  along  and  over  the  same,  under  the  direction  of  the  board 
of  public  works. 

If  4.  Indemnity.]  § 4.  The  permission  herein  granted  is  upon 
the  express  condition  that  said  railway  company  shall  keep  and  save 
the  city  harmless  from  all  damages,  costs,  expenses  and  suits  arising 
out  of  the  occupation  or  use  of  said  streets,  avenues  and  alleys  by 
said  company. 

T 5.  Flagmen.]  § 5.  This  permission  is  granted  on  the  further 
condition  that  the  said  company  shall  at  all  times  keep  flagmen  at  such 
cross  streets  as  the  board  of  public  works  or  the  common  council  may 
from  time  to  time  direct. 

T 6.  Subject  to  ordinances.]  § 6.  This  permission  is  granted 
subject  to  all  general  ordinances  now  in  force,  or  that  may  hereafter 
be  passed,  concerning  railroads  in  said  city. 

IT  7.  Bonds.]  § 7.  Said  railroad  company  shall  enter  into 
bonds  with  the  city  of  Chicago  in  the  penal  sum  of  fifty  thousand  dol- 
lars, to  be  approved  by  the  mayor  and  comptroller,  for  the  faithful 
performance  on  its  part  of  all  the  provisions  and  requirements  of  this 
ordinance,  and  all  general  ordinances  now  in  force,  or  that  may  here- 
after be  passed  concerning  railroads. 

T 8.  Control  by  other  company  enjoined.]  § 8.  This  per- 
mission is  given  upon  the  further  condition  that  the  said  company  shall 
not  consolidate  with,  or  be  controlled  by,  any  other  company  having 
a trunk  road  entering  in  said  city,  and  in  case  the  said  company  shall 
ever  be  controlled  by  any  such  road,  either  by  sale,  purchase  of  stock 
or  otherwise,  this  permission  or  grant  shall  cease  and  be  of  no  force  or 
effect,  and  the  city  may  enter  upon  said  streets,  avenues  and  alleys, 
and  take  up  and  remove  said  track,  side  tracks,  switches  and  turnouts, 
and  repossess  the  same  as  before  the  passage  of  this  ordinance. 

T 9.  Time  limit  for  construction— conditions  of  grant.]  § 9. 
This  grant  is  made  on  the  further  condition  that  the  said  railway  com- 
pany shall  construct  and  finish  the  said  road  within  two  years  from  the 
passage  of  this  ordinance,  and  in  case  the  same  is  not  done,  within  the 
said  time,  this  grant  shall  cease  and  be  of  no  force  and  effect.  And  it 
is  further  provided,  that  said  Northern  Railroad  Company  shall  receive 
and  transport,  on  fair  and  equitable  terms,  all  freights  and  passengers 
which  may  be  brought  to  it  by  connecting  railroads;  Provided,  that 
if  said  company,  its  successors  and  assigns,  shall  be  enjoined  by  any 
court  in  Cock  county,  the  time  said  company  shall  be  enjoined  shall 
not  be  computed  or  taken  to  be  any  part  of  the  two  years  herein  men- 
tioned for  the  completion  of  said  railroad,  meaning  and  intending 
hereby  to  grant  two  full  years  for  the  completion  thereof. 

1 10.  Successors  bound  by  all  provisions  herein.]  § 10.  The 


§ 357]  PITTSBURG,  CINCINNATI  & ST.  LOUIS  RAILWAY  COMPANY.  707 

provisions,  grants,  restrictions  and  obligations  of  this  ordinance  shall 
extend  to,  and  be  in  force  and  bindng  upon,  the  successors  and  assigns 
of  said  Northern  Railroad  Company. 

«|[  11.  When  in  force.]  § n.  This  ordinance  shall  be  in  force 
and  effect  as  soon  as  the  bond  provided  for  by  section  seven  shall  be 
duly  executed  and  delivered  to  the  city. 


PITTSBURG,  CINCINNATI  & ST.  LOUIS  RAILWAY  COM- 
PANY. 

§ 357.  Pittsburg,  Cincinnati  & St.  Louis  Railway  company. 

1.  Route — Kinzie  street. 

2.  Territory  between  Kinzie  street,  Carroll  avenue,  Morgan  and 

Halsted  streets. 

3.  Carroll  avenue. 

4.  Territory  between  North  Halsted  street,  the  Chicago  river, 

Carroll  avenue  and  Fulton  street. 

5.  Motive  power. 

Tf  6.  Subject  to  ordinances. 

7.  Conformity  to  grade — street  repair. 

TJ  8.  Indemnity. 

An  ordinance  concerning  the  Chicago  & Great  Eastern  Railway  Company. 

(Passed  October  8,  1866.) 

T 1.  Route — Kinzie  street.]  Be  it  ordained  by  the  common 

council  of  the  city  of  Chicago:  § i.  That  permission  and  authority 

be  and  is  hereby  given  to  the  Chicago  and  Great  Eastern  Railway  Com- 
pany, and  its  successors,  to  put  down,  construct  and  maintain  a rail- 
road with  a single  track,  and  with  the  necessary  switches  and  turnouts 
in  that  part  of  Kinzie  street  on  the  south  side  of  said  street,  and  as 
near  as  may  be  to  the  south  track  of  the  Chicago  and  Northwestern 
Railway,  in  the  city  of  Chicago,  from  Western  avenue  eastward  to  a 
point  on  said  Kinzie  street  between  North  Morgan  and  North  Sanga- 
mon streets;  subject,  however,  to  the  direction  of  the  board  of  public 
works  in  the  laying  of  the  same,  with  the  right  to  cross  intervening 
streets  between  those  limits.  The  permission  and  authority  herein 
granted  are  upon  the  express  condition  that  said  railroad  company, 
before  laying  down  their  track  on  said  Kinzie  street,  between  North 
Morgan  and  North  Ada  streets,  shall  at  its  own  expense  construct  a 
sewer  on  said  Kinzie  street,  from  North  Ada  street  eastward  so  far  as 
said  company  may  lay  down  their  track,  large  enough  to  carry  off  all 
the  accumulations  of  water,  and  forever  keep  and  maintain  the  same  in 
good  order;  such  sewer  to  be  made  under  the  direction  and  supervision 
of  the  board  of  public  works. 


708 


RAILROADS. 


[§  357 


1 2.  Territory  between  Kinzie  street,  Carroll  avenue,  Mor- 
gan and  Halsted  streets.]  § 2.  Said  company  is  also  hereby 
authorized  to  lay  down,  maintain  and  operate  one  or 

more  railroad  tracks  with  such  turnouts,  switches  and  turn  tables  as 
they  shall  deem  necessary,  on  any  ground  which  said  com- 
pany now  owns  or  may  hereafter  acquire  by  purchase,  dona- 
tion, condemnation  or  otherwise,  between  Kinzie  and  Carroll, 
and  between  Morgan  and  Halsted  streets,  and  also  to  lay  down,  main- 
tain and  operate  any  such  track  or  tracks,  turnouts  and  switches  across 
any  street  or  streets  and  alleys  within  the  district  aforesaid;  Provided, 
that  convenient  crossings  shall  be  made  and  maintained  by  said  com- 
pany where  such  track  or  tracks  cross  any  such  street  or  alley,  and 
proper  warning  tables  shall  be  erected  in  conspicuous  places  at  or  near 
such  crossings. 

If  3.  Carroll  avenue.]  § 3.  That  said  company  is  also  hereby 
authorized  to  lay  down,  maintain  and  operate  one  or  more  railroad 
tracks,  together  with  all  such  turnouts  and  switches,  as  may  be  deemed 
necessary  on  Carroll  avenue,  in  the  city  of  Chicago,  from  Halsted  street 
eastward  to  the  Chicago  river,  with  the  right  to  cross  said  Halsted 
street,  and  all  intervening  streets  between  those  limits;  said  track  or 
tracks  to  be  laid  under  the  direction  and  supervision  of  the  board  of 
public  works,  and  that  but  one  track  shall  be  laid  on  said  street  without 
the  permission  of  the  common  council. 

If  4.  Territory  between  North  Halsted  street,  the  Chicago 
river,  Carroll  avenue  and  Fulton  street.]  § 4.  Said  company 
is  also  hereby  authorized  to  lay  down,  maintain  and  operate 
one  or  more  railroad  tracks  with  such  turnouts,  switches 
and  turn  tables  as  they  may  deem  necessary,  on  any  ground  which 
said  company  now  owns,  or  may  hereafter  acquire  by  pur- 
chase, donation,  condemnation  or  otherwise,  between  North  Halsted 
street  and  the  Chicago  river,  and  between  Carroll  avenue  and 
Fulton  street;  and  also  to  lay  down,  maintain  and  operate  any  such 
track  or  tracks,  turnouts  and  switches,  across  any  street  or  streets  and 
alleys  within  the  district  aforesaid,  and  also-  all  such  as  may  be  neces- 
sary to  the  convenient  use  of  any  depot  grounds  said  company  may 
now  own,  or  hereafter  acquire  in  the  vicinity  of  or  adjoining  said  line 
of  road,  and  to  form  connections  with  other  roads,  and  also  to  acquire 
and  use  all  such  depot  grounds,  and  to  erect  thereon  such  buildings 
as  said  company  may  deem  necessary  for  the  convenient  transaction 
of  its  business;  Provided,  that  convenient  crossings  shall  be  made  and 
maintained  by  said  company,  where  such  track  or  tracks  cross  any 
such  street  or  alley,  and  proper  warning  tables  shall  be  erected  in 
conspicuous  places  at  or  near  such  crossing. 

*[f  5.  Motive  power.]  g 5.  Said  company  and  its  successors 
are  hereby  authorized  to  operate  all  the  railroad  tracks  aforesaid  with 
steam  or  such  other  motive  power  as  said  company  shall  deem  best. 


709 


i 

§ 35 7a]  PITTSBURG,  CINCINNATI  & ST.  LOUIS  RAILWAY  COMPANY. 

f 6.  Subject  to  ordinances.]  § 6.  That  the  privileges  hereby 
granted  shall  be  enjoyed  subject  to  all  general  ordinances  that  now 
are  or  may  hereafter  be  in  force  concerning  railroads  in  said  city  of 
Chicago. 

f 7.  Conformity  to  grade— street  repair.]  § 7.  It  shall  be 
the  duty  of  the  board  of  public  works,  whenever  so  ordered  by  the 
common  council,  or  whenever  they  deem  the  same  necessary,  to  fur- 
nish said  company  with  the  grade  established,  or  to  be  established, 
on  said  Carroll  avenue,  or  that  portion  of  said  street  occupied  by  said 
company;  and  when  ordered  by  the  common  council,  or  board  of  pub- 
lic works,  said  company  shall  curb  and  raise  the  whole  of  said  street, 
between  North  Halsted  street  and  the  river,  to  grade;  with  an  average 
depth  of  at  least  one  foot  and  a half  of  gravel  or  macadam,  and  shall 
lay  their  tracks,  switches  and  turnouts  in  such  manner  that  a good  travel 
way  shall  be  maintained  for  the  use  of  the  public,  and  shall  at  all  times 
keep  the  said  roadway  in  good  repair,  said  improvement  to  be  done 
under  the  direction  of  the  board  of  public  works;  a failure  on  the  part 
of  the  company  to  comply  with  the  conditions  of  this  section  shall  work 
a forfeiture  of  the  grant  made  under  this  ordinance;  Provided,  how- 
ever, if  the  said  company  shall  refuse  or  neglect  to  comply  with  the 
provisions  of  this  section,  or  shall  refuse  or  neglect  to  make  such  new 
improvements,  when  recommended  by  the  board  of  public  works  or 
ordered  by  the  common  council,  within  a reasonable  time,  to  be  fixed 
by  order  of  the  council,  then  the  work  may  be  done  by  the  city,  and 
the  cost  thereof  assessed  by  the  board  of  public  works  on  said  com- 
pany, and  collected  as  other  assessments  or  taxes  from  any  real  or  per- 
sonal property  of  said  company,  or  recover  by  action  against  said  com- 
pany. But  if  the  board  of  public  works  should  deem  it  inexpedient 
that  said  new  improvement  should  be  made  by  said  company,  then 
the  same  shall  be  done  by  the  city,  as  in  other  cases,  and  the  cost 
thereof  assessed  upon  and  collected  of  said  company  in  manner  as 
aforesaid  or  recovered  by  suit.  And  if  the  said  company  shall  refuse 
or  neglect  to  make  any  necessary  repairs  as  aforesaid,  or  the  repairs 
required  by  any  ordinance  heretofore  passed,  after  twenty  days’  notice 
from  the  board  of  public  works,  the  city  may  make  the  improvements 
and  collect  the  cost  thereof  by  suit  at  law  in  any  court  of  competent 
jurisdiction. 

IT  8.  Indemnity.]  § 8.  The  permission  herein  granted  is  upon 
the  express  condition  that  said  railway  company  shall  keep  and  save 
the  city  harmless  from  all  damages,  costs,  expenses  and  suits  arising 
out  of  the  occupation  or  use  of  said  streets  and  alleys  by  said  com- 
pany. 

§ 357a.  Pittsburg,  Cincinnati  & St.  Louis  Railway  company. 

TT  1.  Condition — grant,  five  years. 

An  ordinance  to  allow  the  Pittsburg,  Cincinnati  & St.  Louis  Railway  company 
to  occupy  sidewalk  on  Carroll  avenue.  (Passed  August  16,  1869.) 


710 


RAILROADS. 


[§  358 


IT  1.  Condition— grant  five  years.]  Be  it  ordained'  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  as  soon  as  the  Pitts- 
burgh, Cincinnati  and  St.  Louis  Railway  Company  has  planked  with 
three-inch  oak  plank  the  whole  width  of  that  portion  of  Carroll  avenue, 
between  Union  and  Halsted  streets,  at  their  own  expense,  and  under 
the  direction  of  the  board  of  public  works,  then  they  shall  be  permitted 
to  use  the  sidewalk  in  front  of  their  depot  on  the  north  side  of  said 
Carroll  avenue,  between  Union  and  Halsted  streets,  for  the  purpose  of 
loading  and  unloading  goods,  for  the  term  of  five  years. 


PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD 

COMPANY. 

§ 358.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

If  1.  Grant — route. 

nr  2.  Route  continued — crossings. 

H[  3.  Motive  power  and  speed. 

H[  4.  Bridge  or  tunnel  across  or  under  the  south  branch. 

5.  Authority  to  operate  single  track  with  horse  power. 

Hi  6.  Bond — indemnity. 

An  ordinance  in  relation  to  the  Fort  Wayne  & Chicago  Railroad  company. 

(Passed  February  13,  1854.) 

\ 1.  Grant — route.]  Be  it  ordained  by  the  common  council  of 
the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and  is 

hereby  given  to  the  Fort  Wayne  and  Chicago  Railroad  Company  to 
lay  down,  maintain  and  operate  a single  railroad  track  in  any  one 
street  in  the  city  of  Chicago  west  of  the  west  line  of  Clark  street,  from 
the  southern  boundary  of  said  city  as  far  north  as  the  south  line  of 
North  street,  and  all  such  turnouts,  switches  and  turn  tables  as  shall 
be  deemed  necessary. 

IT  2.  Route  continued— crossings.]  § 2.  And  said  company 
may  and  shall  have  the  power  to  lay  down,  maintain  and  operate  one  or 
more  railroad  tracks,  with  such  turnouts  and  switches  as  they  shall 
deem  necessary,  on  any  ground  which  they  may  acquire  by  purchase, 
donation  or  otherwise,  within  >the  district  and  boundaries  aforesaid, 
and  also  from  the  north  line  of  the  district  and  boundary  aforesaid  as 
far  north  as  the  south  line  of  Van  Buren  street,  and  west  of  the  west 
line  of  Clark  street,  and  to  lay  down,  and  maintain,  and  operate  any 
such  track  or  tracks  and  turnouts  across  any  street  or  streets,  or  alleys, 
within  the  districts  aforesaid,  and  also  to  acquire  as  aforesaid,  and  use 
all  depot  grounds,  and  to  erect  all  depot  buildings  necessary  to  accom- 
modate the  business  of  said  company;  Provided,  that  convenient 
crossings  shall  be  made  and  maintained  by  said  company  where  such 


§ 35^]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  711 

track  or  tracks  cross  any  such  street  or  alleys,  and  proper  warning 
tables  shall  be  erected  in  conspicuous  places  at  or  near  such  cross- 
ings. Said  company  shall  be  subject  to  all  laws  and  ordinances  that 
are  now  in  force,  or  may  hereafter  be  passed,  to  regulate  railroads 
within  said  city. 

T 3.  Motive  power  and  speed.]  § 3.  Said  company  may  use 
and  operate  said  railroad  tracks,  within  the  districts  aforesaid,  with 
locomotive  engines  and  cars,  under  such  rules  and  regulations  with 
reference  to  the  speed,  motive  power  and  manner  of  running  the  same 
as  the  common  council  of  said  city  may  from  time  to  time  impose  and 
make. 

Tf  4.  Bridge  or  tunnel  across  or  under  the  south  branch.] 

§ 4.  Said  company  may  construct,  maintain  and  use  a railroad  draw- 
bridge across  the  south  branch  of  the  Chicago  river,  or  a tunnel  under 
the  same,  at  any  point  south  of  the  south  line  of  Twelfth  street  in  said 
city;  Provided,  said  bridge  or  tunnel  shall  be  so  constructed  as  not 
materially  to  interrupt  or  impede  the  navigation  of  the  south  branch 
of  the  Chicago  river;  and  the  said  company  may  join  any  other  rail- 
road company  in  the  erection  and  use  of  said  bridge  or  tunnel,  hereto- 
fore authorized  or  which  may  be  hereafter  authorized  to  construct  a 
bridge  across  said  south  branch,  and  said  companies  thus  uniting  may 
jointly  use  each  other’s  track  or  tracks,  bridge  and  depots,  and  form 
mutual  connection  within  said  city  upon  such  terms  as  may  be  agreed 
upon  by  the  parties  interested. 

IT  5.  Authority  to  operate  single  track  with  horse  power.] 

§ 5.  And  said  company  shall  have  the  power  to  construct  and  main- 
tain a single  railroad  track,  and  operate  the  same  with  horse  power 
only,  in  any  one  street  of  said  city,  or  may  lay  down  and  use  one  or 
more  tracks  on  grounds  which  may  be  acquired  by  said  company  by 
purchase,  donation  or  otherwise,  within  the  following  limits,  viz:  West 
of  the  east  line  of  Canal  street,  and  between  the  south  line  of  Harri- 
son street  and  the  north  line  of  Kinzie  street,  and  to'  cross  any  and  all 
intervening  streets  and  alleys  in  the  track  and  course  thereof:  Pro- 
vided, said  company  shall  plank  the  carriage-way  of  said  street  so 
occupied,  in  and  on  each  side  of  said  track,  so  as  to  render  the  same 
convenient  for  the  passage  of  teams  and  travel;  And  provided,  also, 
that  said  railroad  company  shall  get  the  consent  of  a majority  in 
interest  of  the  property  holders  on  said  street  so  occupied,  before  they 
proceed  to  lay  down  and  operate  said  horse  tracks. 

1 6.  Bond— indemnity.]  § 6.  This  ordinance  shall  not  take 
effect  until  the  said  company  shall  have  entered  into  a bond  with  the 
city  of  Chicago,  conditioned  for  the  payment  of  all  damages  for  which 
the  said  city  may  become  liable  to  any  person  or  persons  by  reason 
of  the  said  road  entering  said  city,  or  by  reason  of  said  company  con- 
structing, laying  down,  using  or  occupying  said  railroad  track  or  tracks 
within  said  city;  and  conditioned  also  for  the  payment  of  all  damages 


712 


RAILROADS. 


[§  359 


which  may  arise  to  the  said  city  of  Chicago,  and  to  any  person  or  per- 
sons whomsoever,  by  reason  of  said  company  constructing,  laying 
down,  maintaining,  using  and  occupying  said  railroad  track  or  tracks 
within  said  city  of  Chicago. 

Note. — See  following  amendatory  ordinances. 

§ 359.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

IT  Route — bond — side  tracks — construction  of  slip  or  slips — repair 

of  streets. 

An  ordinance  amendatory  of  an  ordinance  passed  February  13,  1854,  concerning 
the  Fort  Wayne  & Chicago  Railroad  company,  now  the  Pittsburg,  Fort 
Wayne  & Chicago  Railroad  company.  (Passed  November  17,  1856.) 

f 1.  Route— bond— side  tracks— construction  of  slip  or  slips— 
repair  of  streets.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § 1.  That  permission  and  authority  be  and  is  hereby 

given  the  Pittsburgh,  Fort  Wayne  and  Chicago  Railroad  Company  to 
lay  down,  maintain  and  operate  a railroad  track  or  tracks,  with  neces- 
sary switches,  turnouts  and  side  tracks,  in  the  streets  in  the  said  city  of 
Chicago,  running  north  and  south  on  the  center  line  of  section  twenty- 
one,  in  township  thirty-nine  north,  of  range  fourteen,  east  of  third  prin- 
cipal meridian,  from  the  south  line  of  North  street  to  the  north  line 
of  Twelfth  street,  and  thence  in  Beach  street  to  Harrison  street:  Pro- 
vided, said  railroad  company  shall  enter  into1  bonds  with  the  city  of 
Chicago,  to  be  filed  in  the  clerk’s  office  of  said  city,  conditioned  that 
said  railroad  company  will  afford  facilities  to  the  owners  of  property 
on  said  streets  running  north  and  south,  for  doing  business  on  said 
railroad,  by  putting  in  side  tracks  necessary  for  that  purpose,  and  op- 
erate the  said  track  so  as  to  carry  the  cars  of  said  railroad  company, 
and  of  all  other  connecting  railroads,  on  fair  and  reasonable  terms, 
to  and  from  said  property,  and  also  to  hold  and  save  harmless  the  said 
city  of  Chicago  from  all  damages  in  consequence  of  this  act;  And  pro- 
vided, also,  that  nothing  herein  granted  shall  prevent  the  common 
council  of  the  city  of  Chicago  authorizing  the  construction  of  a slip  or 
slips  across  said  streets;  And  provided,  further,  that  the  privileges 
hereby  granted  shall  be  enjoyed  subject  to  all  general  ordinances  that 
now  are  or  hereafter  may  be  in  force  concerning  railroads  in  said  city; 
Provided,  the  tracks  of  said  road  shall  be  so  laid  as  to  interfere  as  little 
as  possible  with  the  usefulness  of  said  streets,  as  road  or  carriage-ways, 
by  grading,  filling  and  planking  or  macadamazing  them  in  such  way 
as  to  allow  free  passage  for  carriages  across  and  alongside  its  tracks, 
and  in  such  manner  as  the  common  council  shall  direct,  and  also  by 
changing  the  grade  of  said  streets  at  any  time  it  may  be  ordered  by 
the  common  council,  and  that  they  will  comply  with  all  the  restrictions 
imposed  by  the  ordinance  to  which  this  is  an  amendment. 


§360]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  713 

§ 360.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

1.  Preamble. 

2.  Grant  in  Stewart  avenue. 

3.  Limitation  of  grant. 

4.  Subject  to  ordinances. 

5.  Condition. 

An  ordinance  amending  an  ordinance  entitled  “An  ordinance  amending  an 
ordinance  passed  February  13.  1854,  concerning  the  Fort  Wayne  & Chicago 
Railroad  company,  now  the  Pittsburg,  Fort  Wayne  & Chicago  Railroad 
company,”  passed  November  17,  1856.  (Passed  August  22,  1864.) 

% 1.  Preamble.]  Whereas,  since  the  passage  of  the  ordinance  to 
which  the  following  is  an  amendment,  the  legislature  of  the  state  of 
Illinois  has,  by  the  passage  of  the  act  approved  February  13th,  1863, 
entitled  “An  act  to  reduce  the  charter  of  the  city  of  Chicago,  and  the 
several  acts  amendatory  thereof,  into  one  act,  and  to  revise  the  same,” 
extended  the  limits  of  said  city  upon  the  south  by  including  in  the 
city  section  number  thirty-three  (33),  in  township  thirty-nine  (39) 
north,  range  fourteen  (14),  east  of  third  principal  meridian;  and  where- 
as, before  the  passage  of  said  act,  the  Pittsburgh,  Fort  Wayne  and 
Chicago  Railway  Company  had  acquired  from  the  commissioners  of 
highways  of  the  town  of  South  Chicago,  and  from  various  property 
owners  along  the  line  of  the  streets  or  highway  known  as  “Stewart 
avenue/'  as  the  same  was  laid  out  and  dedicated,  through  the  center 
of  section  thirty-three  (33),  the  right  of  way  for  their  track  or  tracks  in 
said  street  or  highway  running  through  said  section ; and  whereas,  by 
the  several  ordinances  to  which  this  is  an  amendment,  said  railroad 
company  were  authorized  and  empowered  to  use  said  street  as  the 
same  is  located  through  the  centers  of  sections  number  twenty-one 
(21)  and  twenty-eight  (28),  in  the  manner  therein  specified,  from  the 
south  line  of  North  (now  Sixteenth)  street  to  the  city  limits;  now, 
therefore, 

1 2.  Grant  in  Stewart  avenue.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  permission  and  author- 
ity is  hereby  given  to  the  Pittsburgh,  Fort  Wayne  and  Chicago  Rail- 
road Company  to  lay  down,  maintain  and  operate  a railroad  track  or 
tracks — not  exceeding  two  in  number — with  necessary  switches,  turn- 
outs and  side  tracks,  in  the  street  known  and  designated  as  Stewart 
avenue,  in  the  city  of  Chicago,  as  the  same  is  laid  out  and  dedicated, 
running  north  and  south  on  the  center  lines  of  sections  twenty-one  (21), 
twenty-eight  (28)  and  thirty-three  (33),  in  township  thirty-nine  (39) 
north,  range  fourteen  (14),  east  of  the  third  principal  meridian,  from 
the  south  line  of  Sixteenth  (formerly  North)  street  to  the  southern 
boundary  of  said  city. 

1"  3.  Limitation  of  grant.]  § 2.  Nothing  in  the  foregoing 
section  shall  be  construed  as  conferring  upon  said  railway  company 
the  right  to  use  any  other  street  than  the  one  therein  named,  nor  as 
extending  the  right  to  use  Stewart  avenue  between  said  points  to  any 


714 


RAILROADS. 


[§  36l 


greater  extent  than  is  provided  by  the  ordinance,  passed  November 
17th,  1856,  granting  to  said  company  permission  to  use  said  street 
north  of  the  south  line  of  North  (now  Sixteenth)  street,  to  which  this 
is  an  amendment. 

If  4.  Subject  to  ordinances.]  § 3.  That  the  privileges  hereby 
granted  shall  be  enjoyed  subject  to  all  general  ordinances  that  now 
are  or  hereafter  may  be  in  force  concerning  railroads  in  said  city. 

1"  5.  Condition.]  § 4.  The  privileges  granted  by  this  ordinance 
are  upon  the  express  condition : That  said  railway  company,  its  succes- 
sors and  assigns,  shall,  as  respects  grading,  paving,  macadamizing, 
filling  or  planking,  at  its  own  expense,  keep  eighteen  feet  in  width  in 
repair  on  said  Stewart  avenue,  so  far  as  the  same  is  embraced  in  this 
ordinance,  and  keep  its  tracks  in  such  condition  that  wagons  and  other 
vehicles  can  pass  and  repass  at  any  and  all  points  and  in  any  and  all 
directions,  and  shall  be  subject  to  assessment  for  paving,  repaving, 
planking,  replanking  or  any  other  kind  of  improvement,  of  eighteen 
feet  in  width  of  said  avenue,  whenever  the  common  council  shall  by 
ordinance  order  said  improvement  to  be  made  in  said  Stewart  avenue, 
and  shall  then  use  the  kind  of  rail  and  lay  it  in  said  avenue  in  the  man- 
ner directed  by  the  board  of  public  works. 

§ 361.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

IT  1.  Grant — route. 

•jy  2.  Route  continued — maintenance  of  highways. 

•jr  3.  Crossing  streets — tunnels — supervision — indemnity. 

IT  4.  Association  of  companies — powers — arbitration. 

if  5.  Depots,  etc. — use  of  streets — vacation. 

6.  Speed — motive  power — fuel  to  be  used. 

7.  Indemnity. 

•[  8.  Subject  to  a certain  ordinance. 

IT  9.  File  contracts  and  bonds. 

An  ordinance  to  allow  a connection  between  the  Pittsburg,  Fort  Wayne  & Chi- 
cago and  the  Chicago,  St.  Paul  & Fond  du  Lac  Railroad  companies,  and 
such  ocher  railroad  companies  as  may  unite  with  them.  (Passed  August  16, 
1858.) 

% 1.  Grant — route.]  Be  it  ordained  by  the  common  council  of 

the  city  of  Chicago:  § 1.  That  permission  is  hereby  granted  to  the 
Pittsburg,  Fort  Wayne  and  Chicago,  and  the  Chicago,  St.  Paul  and 
Fond  du  Lac  Railroad  Companies,  and  all  other  railroad  companies 
that  may  unite  with  them,  to  lay  down,  construct,  maintain  and  operate 
a single  or  double  railroad  track,  with  all  the  necessary  switches,  side 
tracks,  turn-outs  and  turn-tables,  across  and  upon  any  grounds  that 
they  may  acquire  or  obtain  the  use  of,  between  Van  Buren  and  Kin- 
zie  streets,  and  the  south  and  north  branches  of  the  Chicago  river  and 
Canal  street. 

IT  2.  Route  continued — maintenance  of  highways.]  § 2. 

Like  permission  and  authority  are  hereby  granted  to  said  companies,  or 
either  of  them,  to  use  for  the  purposes  and  in  the  manner  mentioned  in 


361]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  715 


the  foregoing  section,  West  Water  street,  in  the  city  of  Chicago,  and 
that  portion  of  Canal  street  which  is  between  the  south  line  of  Fulton 
and  the  north  line  of  Kinzie  streets,  and  also  use  for  such  purposes  the 
alleys  through  blocks  number  twenty-two  (22),  twenty-nine  (29),  and 
forty-four  (44),  of  the  original  town  of  Chicago;  Provided,  said  com- 
panies shall  improve  and  maintain  the  public  highways  so  used  by 
them,  as  may  from  time  to  time  be  ordered  by  the  common  council. 

1 3.  Crossing  streets  — tunnels  — supervision— indemnity.] 

§ 3.  The  said  companies  shall  have  full  power  and  authority  to  cross 
all  streets  and  alleys  that  may  intersect  the  route  of  the  tracks  granted 
by  the  preceding  section.  The  tracks  of  said  roads,  at  their  intersection 
with  all  streets  that  are  now  or  may  hereafter  be  bridged  to  cross  either 
branch  of  the  river,  shall  be  carried  under  the  streets  in  tunnels,  so  con- 
structed as  to  protect  the  public  from  accidents  or  injuries.  And  if,  for 
these  purposes,  it  is  necessary  to  raise  the  grade  of  such  streets,  or  of 
the  approaches  to  the  bridges,  the  same  shall  be  done  by  and  at  the  ex- 
pense of  said  railroad  companies,  and  under  the  direction  and  to  the 
satisfaction  of  the  city  superintendent  of  public  works,  or  such  other 
person  or  committee  as  the  common  council  may  direct  or  appoint  to 
superintend  such  work,  and  said  companies  shall  pay  and  shall  hold  the 
city  harmless  from  all  damages  arising  from  such  raising  of  grades  and 
filling  and  tunneling  of  approaches;  and  at  the  intersections  of  said 
tracks  with  the  unbridged  streets,  where  no  tunnels  are  required,  the 
said  railroad  companies  shall  construct  and  maintain  such  crossings  as 
to  obstruct  the  ordinary  travel  as  little  as  possible. 

1 4.  Association  of  companies— powers— arbitration.]  § 4. 

Said  companies  may  associate  with  themselves,  in  the  construction  and 
use  of  such  tracks,  any  and  all  railroad  corporations ; and  any  corpora- 
tions so  associated  shall  possess  all  the  powers  herein  granted  to  the 
said  Pittsburgh,  Fort  Wayne  and  Chicago,  and  the  Chicago,  St.  Paul 
and  Fond  du  Lac  railroad  companies,  and  said  latter  companies  shall 
allow  and  permit  the  use  of  the  tracks  constructed  under  this  ordinance 
by  any  other  railroad  corporations  upon  such  terms  and  conditions  as 
shall  be  fair  and  equitable,  to  be  determined,  in  case  of  their  disagree- 
ment between  the  companies,  by  two  disinterested  and  competent  civil 
engineers,  one  to  be  selected  by  each  party,  and  in  case  of  their  dis- 
agreement, a third  shall  be  appointed  by  the  judge  of  the  Cook  county 
court  of  common  pleas;  and  the  award  and  decision  of  said  referees 
shall  be  final,  conclusive  and  binding  upon  the  parties. 

T 5.  Depots,  etc. — use  of  streets  — vacation.]  § 5.  Said 
companies  may  establish,  construct,  maintain  and  use,  at  any  place 
or  places  between  Lake  and  Van  Buren  streets,  all  such  depots,  freight 
houses  and  station  buildings  as  the  business  of  said  companies,  or  of 
any  and  all  companies  that  may  use  said  tracks,  may  require.  And  in 
case  the  depot  shall  be  of  such  length,  and  so  located  as  to  extend  over 
and  require  the  use  of  grounds  upon  two  adjoining  lots  or  blocks,  said 


716 


RAILROADS. 


[§  362 


companies  may  use  the  street  between  said  lots  or  blocks  for  that  pur- 
pose; Provided,  such  street  is  not  used  as  a public  thoroughfare  for 
crossing  the  river,  and  is  legally  vacated  for  the  purpose. 

1"  6.  Speed— motive  power— fuel  to  be  used.]  § 6.  Said 
companies  may  use  and  operate  said  railroad  tracks,  within  the  district 
aforesaid,  under  such  rules  and  regulations  with  reference  to  speed, 
motive  power  and  manner  of  running  the  same,  as  the  common  council 
may  from  time  to  time  impose  and  make;  and  if  steam  power  loco- 
motives be  used,  said  companies  shall  use  only  coke  or  coal  for  fuel  for 
the  same,  and  the  speed  shall  not  exceed  five  miles  per  hour. 

1"  7,  Indemnity.]  § 7.  The  permission  and  authority  hereby 
granted  to  said  railroad  companies  are  upon  the  express  condition  that 
they  shall  each  and  all  of  them  indemnify  the  city  for  any  and  all  dam- 
age and  expense  to  which  it  may  be  subjected  by  reason  of  the  using 
and  occupying  of  any  of  the  streets  and  alleys  and  grounds  in  the  dis- 
trict aforesaid  by  said  companies  or  either  of  them. 

T 8.  Subject  to  a certain  ordinance.]  § 8.  All  powers  and 
privileges  herein  granted  are  subject  to  the  ordinance  entitled  “An  or- 
dinance supplemental  to  all  ordinances  concerning  railroads,”  as  the 
same  is  found  incorporated  into  “Municipal  Laws/’  chapter  49,  pp.  363, 
364  and  365. 

1 9.  File  contracts  and  bonds.]  § 9.  This  ordinance  shall 
not  take  effect  or  be  in  force  unless  the  said  Pittsburg,  Fort  Wayne 
and  Chicago,  and  the  Chicago,  St.  Paul  and  Fond  du  Lac  Railroad 
Companies,  shall  within  ninety  days  of  the  passage  hereof,  file  with  the 
comptroller,  contracts  in  legal  form  binding  their  respective  companies 
to  fulfill  the  same  so  far  as  any  of  its  provisions  apply  to  them,  and 
also  shall  file  as  above,  the  bonds  of  their  respective  companies,  satis- 
factory in  form  and  amount  to  the  mayor  and  comptroller,  to  secure  the 
fulfillment  of  said  contract;  nor  shall  any  other  railroad  companies  be 
entitled  to  participate  in  the  rights  , and  privileges  herein  granted,  or 
any  of  them,  until  they  respectively  shall  execute  and  file  contracts 
and  bonds  in  accordance  with  this  section. 

Note. — See  following  amendatory  ordinances. 

§ 362.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

TT  1.  Grant  of  additional  time. 

An  ordinance  in  relation  to  the  Chicago.  St.  Paul  & Fond  du  Lac  Railroad  com- 
pany. (Passed  November  8,  1858.) 

% 1.  Grant  of  additional  time.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  section  nine  of  an 

ordinance  passed  August  16th,  1858,  entitled  “An  ordinance  to  allow 
a connection  between  the  Pittsburg,  Fort  Wayne  and  Chicago,  and 
the  Chicago,  St.  Paul  and  Fond  du  Lac  railroad  companies,  and  such 
other  railroad  companies  as  may  unite  with  them,”  be  so  far  amended 
as  to  grant  to  said  Chicago,  St.  Paul  and  Fond  du  Lac  Railroad  Com- 


§ 363]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  717 

pany  thirty  days  additional  to  the  ninety  days  therein  specified,  in 
which  to  file  the  “contract”  and  the  “bond”  of  said  company,  as  re- 
quired by  said  section  number  nine. 

§ 363.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

1.  Temporary  track — cessation  of  use — limit  of  use. 
if  2.  Flagmen. 

3.  Location  of  depot  grounds — completion  of  tunnels, 
if  4.  Covenant  as  to  removal  of  track — right  to  use  extended,  upon 
petition. 

11  5.  Conditions  as  to  the  use  of  temporary  track, 
if  6.  Acceptance — ordinance  of  no  force  until  filed, 
if  7.  Grades  established. 

An  ordinance  to  amend  an  ordinance  passed  August  16,  1858,  entitled  “An 
ordinance  to  allow  a connection  between  the  Pittsburg,  Fort  Wayne  & Chi- 
cago and  the  Chicago,  St.  Paul  & Fond  du  Lac  Railroad  companies,  and 
such  other  railroad  companies  as  may  unite  with  them.”  (Passed  August 
18,  i860.) 

If  1.  Temporary  track — cessation  of  use— limit  of  use.]  Be 

it  ordained  by  the  common  council  of  the  city  of  Chicago:  § i.  That 
the  third  section  of  the  ordinance  passed  August  16th,  1858,  entitled 
“An  ordinance  to  allow  a connection  between  the  Pittsburg,  Fort 
Wavne  and  Chicago,  and  the  Chicago,  St.  Paul  and  Fond  du  Lac  rail- 
road companies,  and  such  other  railroad  companies  as  may  unite  with 
them/’  be  and  the  same  is  hereby  so  modified  as  to  permit  a temporary 
track  to  be  laid  and  used  over  Lake,  Randolph  and  Madison  streets,  for 
the  period  of  one  year  from  the  time  when  they  shall  first  use  said  tem- 
porary track,  or  any  part  thereof,  for  the  transportation  of  freight  and 
passengers  over  either  Lake,  Randolph  or  Madison  streets;  said  track 
to  be  laid  in  the  alley  in  crossing  blocks  twenty-two,  twenty-nine  and 
forty-four,  old  town  of  Chicago.  Whenever  the  permanent  track  and 
tunnels  shall  have  been  made  the  right  to  use  the  said  temporary 
tracks  shall  cease,  although  the  twelve  months  shall  not  have  expired ; 
Provided,  that  if  the  said  companies,  or  either  of  them,  shall  be  en- 
joined by  the  order  or  injunction  of  any  court  of  competent  jurisdiction 
from  proceeding  with  the  making  of  any  or  either  of  said  last  men- 
tioned tunnels,  or  the  laying  of  said  temporary  track,  the  time  during 
which  thgy  are  so  enjoined  shall  be  added  to  the  time  above  limited  for 
continuing  the  use  of  said  temporary  track  and  completing  said  tun- 
nels; but  in  no  event  shall  said  railroad  companies,  or  either  of  them, 
be  permitted  to  have  or  use  said  temporary  track  over  either  Madison, 
Lake  or  Randolph  streets  for  a longer  period  than  three  years  from 
the  passage  of  this  ordinance,  except  as  provided  for  in  the  fourth  sec- 
tion hereof. 

Tf  2.  Flagmen.]  § 2.  The  said  companies  shall  station  and 
keep  a flagman  upon  every  street  crossed  by  the  track  aforesaid,  and 
at  the  junction  of  Canal  and  West  Water  streets,  whenever  a train  or 
locomotive  shall  be  crossing  any  of  said  several  streets  on  said  track. 


718 


RAILROADS. 


[§  363 


1 3.  Location  of  depot  grounds— completion  of  tunnels.] 

§ 3.  The  said  Pittsburg,  Fort  Wayne  and  Chicago  Railroad  Company 
shall  commence  and  complete  the  location  of  its  depot  grounds,  be- 
tween Madison  and  Adams  streets  in  the  west  division,  as  soon  after 
the  passage  of  this  ordinance  as  it  legally  can,  and  at  all  events  within 
six  months  after  the  passage  of  this  ordinance.  And  the  aforesaid  rail- 
road companies  shall,  immediately  upon  the  passage  hereof,  begin  and 
persistently  follow  the  making  of  the  permanent  connection  in  and  by 
said  original  ordinance  contemplated,  and  the  making  and  finishing 
of  the  several  tunnels  under  Lake,  Randolph  and  Madison  streets  in 
the  manner  in  said  ordinance  specified ; of  which  said  tunnels  they  shall 
finish  that  under  Madison  street  in  four  months,  under  Lake  street  in 
eight  months,  and  under  Randolph  street  in  ten  months  from  the  pas- 
sage hereof.  In  the  event  of  an  injunction  being  obtained  against  pro- 
ceeding with  the  permanent  track  or  the  tunnels,  or  either  of  them,  the 
said  railroad  companies  shall  press  for  a hearing  and  dissolution  as 
soon  as  possible,  and  the  citizens  of  the  west  division  may  employ 
counsel  to  aid  the  counsel  of  said  railroad  companies  in  the  same,  and 
said  railroad  companies  shall  comply  with  all  lawful  orders  of  the  court 
in  the  premises,  and  fairly  and  fully  insist  upon  their  right  to  make 
such  track  and  tunnels. 

1"  4.  Covenant  as  to  removal  of  track — right  to  use  ex- 
tended, upon  petition.]  § 4.  At  the  expiration  of  the  time  as  in  the 
first  section  of  this  ordinance  provided,  all  right  to  have,  continue  or  use 
the  said  temporary  track,  by  any  or  either  of  the  railroad  companies 
above  mentioned  or  referred  to,  shall  utterly  cease  and  determine ; and 
the  said  railroad  companies,  and  each  and  every  one  of  them,  shall,  and 
by  the  acceptance  of  this  ordinance  and  in  consideration  of  the  privi- 
leges hereby  granted,  expressly  will  and  do  jointly  and  severally  cov- 
enant and  agree  to  and  with  S.  S.  Hayes,  David  J.  Lake,  John  C. 
Haines,  C.  N.  Holden  and  William  W.  Farwell,  and  the  survivors  of 
them,  severally  and  not  jointly,  as  trustees  of  the  rights  and  interests 
of  the  present  owners,  their  grantees  or  assigns,  of  property  situate  in 
the  west  division  of  Chicago,  without  the  power  in  said  trustees  of  re- 
leasing or  acquitting  the  said  railroad  companies,  or  either  of  them, 
therefrom,  that  the  said  temporary  track  or  appurtenances  shall  not  be 
continued  beyond  the  period  aforesaid,  nor  shall  said  railroad  com- 
panies, or  any  of  them,  or  any  one  for  them,  apply  to  the  common 
council  to  extend  the  said  term  of  such  continuance  thereof,  or  accept, 
or  in  any  manner  receive,  any  extension  or  renewal  of  the  said  term, 
except  upon  the  petition  hereinafter  mentioned;  and  any  act,  attempt, 
or  authority  from  any  source  whatever,  except  as  hereinafter  provided, 
purporting  to  authorize  the  continuance  of  the  said  track  across  the 
said  streets  above  mentioned,  or  either  of  them,  beyond  the  said  period, 
shall  be  absolutely  null-  and  void  as  to  the  said  trustees  and  each  of  the 
property  owners  and  inhabitants  of  said  west  division;  and  the  said 
trustees,  their  agents  or  servants,  or  any  inhabitant  of  said  west  divis- 


§ 363]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  719 

ion,  may,  if  said  track  be  continued  across  either  of  said  streets  be- 
yond the  period  aforesaid,  enter  upon,  tear  up  and  remove  the  portion 
of  said  track  crossing  said  street  or  streets  as  aforesaid,  and  be  for- 
ever discharged  and  acquitted  from  any  action  by,  or  liability  to,  said 
raidroad  companies,  or  their  assigns,  or  any  or  either  of  them,  for  so 
doing;  Provided,  however,  that  upon  the  presentation  of  the  petition 
in  writing  of  the  owners  of  two-thirds,  in  lineal  measurement,  of  the 
property  fronting  on  either  of  said  streets  crossed  by  such  temporary 
track,  counting  from  the  river  or  the  branch  thereof  which  said  street 
crosses  west  to  the  city  limits,  at  least  one  month  prior  to  the  expira- 
tion of  said  year,  the  common  council  may,  in  its  discretion,  extend 
the  use  of  said  temporary  track  on  such  street  for  a longer  period; 
Provided,  also,  that  such  petition  shall  designate  the  length  of  time 
for  which  such  extension  or  use  is  sought  to  be  granted. 

1 5.  Conditions  as  to  use  of  temporary  track.]  § 5.  The 

said  temporary  track  is  to  be  used  by  the  said  railroad  companies  as 
aforesaid,  with  the  utmost  care  and  caution,  and  every  locomotive  in 
coming  in  from  the  north  shall  came  to  a full  stop  near  to,  and  before 
crossing  Kinzie  street,  and  in  coming  in  from  the  south  in  like  man- 
ner, before  crossing  Van  Buren  street.  The  rate  of  speed  on  such 
temporary  track  shall  be  subject  to  the  control  and  regulation  of  the 
common  council,  and  shall  in  no  place  thereon  exceed  the  rate  of  five 
miles  per  hour  ; trains  shall  not  be  made  up  on  said  temporary  track, 
and  all  locomotives  used  thereon  shall  use  coke  or  coal  for  fuel,  and  a 
clear  violation  of  any  of  the  provisions  of  this  ordinance,  by  any  of 
the  railroad  companies  aforesaid,  shall  render  the  same  absolutely  null 
and  void,  and  all  the  rights  herein  and  hereby  granted  shall  thereupon 
cease  and  determine;  Provided,  there  shall  be  no  switch  or  switches 
located  at  the  crossing  of  any  street  or  alley. 

T 6.  Acceptance — ordinance  of  no  force  until  filed.]  § 6. 

This  ordinance  shall  not  take  effect,  nor  shall  either  of  the  railroad 
companies  aforesaid  commence  the  construction  or  use  of  said  tem- 
porary track,  or  any  part  thereof,  until  the  Pittsburg,  Fort  Wayne  and 
Chicago,  and  the  Chicago  and  Northwestern  Railway  Companies,  shall 
have  first,  respectively,  in  writing,  under  seal  and  in  due  form,  bound 
themselves  to  the  acceptance  and  performance  of  this  ordinance,  and 
filed  such  written  acceptance  with  the  comptroller  of  the  city  of  Chi- 
cago, and  made  and  delivered  a duplicate  of  the  same,  personally,  to 
either  William  W.  Farwell  or  David  J.  Lake  aforesaid,  for  the  said 
trustees  above  mentioned.  Nor  shall  this  ordinance  take  effect  as  to 
any  other  railroad  company  proposing  to  construct  or  use  such  track, 
until  such  company  shall  have  first  filed  and  served  the  obligation  in 
this  section  required. 

7.  Grades  established.]  § 7.  The  grade  of  said  streets  at 
the  several  points  at  which  the  tunnels  shall  be  located,  are  hereby 
fixed  at  twenty-two  feet  above  low  water  mark  in  the  Chicago  river. 


720 


RAILROADS. 


[§  § 364,  365 


§ 364.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

If  1.  Grade  at  Van  Buren  street — grant  void  unless. 

An  ordinance  to  amend  an  ordinance,  passed  August  16,  1858,  entitled  “An 
ordinance  to  allow  a connection  between  the  Pittsburg,  Fort  Wayne  & Chi- 
cago, and  the  Chicago,  St.  Paul  & Fond  du  Lac  Railroad  companies,  and 
such  other  railroad  companies  as  may  unite  with  them.”  (Passed  August 
18,  i860.) 

If  1.  Grade  at  Van  Buren  street — grant  void  unless.]  Be  it 

ordained  by  the  common  council  of  the  city  of  Chicago:  § 1.  That 
the  ordinance  passed  August  16th,  1858,  entitled  “An  ordinance  to  al- 
low a connection  between  the  Pittsburg,  Fort  Wayne  and  Chicago, 
and  the  Chicago,  St.  Paul  and  Fond  du  Lac  Railroad  Companies,  and 
such  other  railroad  companies  as  may  unite  with  them/’  be  so  modified 
as  to  permit  the  Pittsburg,  Fort  Wayne  and  Chicago  Railroad  Com- 
pany, and  such  other  railroad  companies  as  may  unite  with  them,  to 
cross  Van  Buren  street  at  its  present  grade  until  the  common  council 
shall  order  otherwise  for  the  purpose  of  making  said  railroad  com- 
panies comply  with  any  grade  it  may  hereafter  establish,  either  by  run- 
ning over  or  under  said  street;  Provided,  that  the  common  council  shall 
give  six  months’  notice  of  said  change.  But  this  ordinance  shall  be 
void,  and  all  the  rights,  privileges  and  immunities  under  it,  unless  the 
Pittsburg,  Fort  Wayne  and  Chicago  Railroad  Company  shall  locate 
their  passenger  depot  on  the  west  side  of  the  river,  between  Madison 
and  Adams  streets,  within  six  months  after  the  passage  of  this  ordi- 
nance, and  the  marshal  shall  at  once  proceed  to  take  up  the  track. 

§ 365.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

IT  1.  Preamble. 

•if  2.  West  Monroe,  east  of  Canal  street,  vacated, 
it  3.  Deed  by  city  to  company, 
it  4-  Conditions. 

An  ordinance  to  vacate  Monroe  street,  between  CanaF  street  and  the  south 
branch  of  the  Chicago  river,  in  accordance  with  the  provisions  of  an 
ordinance  passed  August  16,  1858,  entitled  “An  ordinance  to  allow  a con- 
nection between  the  Pittsburg,  Fort  Wayne  & Chicago,  and  the  Chicago,  St. 
Paul  & Fond  du  Lac  Railroad  companies,  and  such  other  railroad  companies 
as  may  unite  with  them.”  (Passed  August  12,  1861.) 

if  1.  Preamble.]  Whereas,  the  said  Pittsburg,  Fort  Wayne 
and  Chicago  Railroad  Company  have  purchased  and  are  the  owners 
in  fee  of  blocks  71  and  72  in  school  section  addition  to  Chicago,  and 
have  permanently  located  thereon  a union  depot  for  the  accommoda- 
tion of  said  company,  the  Chicago  and  Northwestern  Railroad  Com- 
pany, and  such  other  railroad  companies  as  may  unite  with  them,  and 
for  the  purpose  of  constructing  upon  said  blocks  such  buildings  and 
improvements  as  may  be  required  for  the  business  of  said  companies, 
it  is  desirable  that  Monroe  street,  lying  between  said  blocks,  should  be 
vacated,  in  accordance  with  the  provisions  of  said1  ordinance  of  Au- 
gust 1 6th,  A.  D,  1858;  therefore, 


§366]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  721 

«[[  2.  West  Monroe,  east  of  Canal  street,  vacated.]  Be  it  or- 
dained by  the  common  council  of  the  city  of  Chicago : § i . That  so 
much  of  West  Monroe  street  as  extends  from  the  east  line  of  Canal 
street  to  the  dock  line  which  may  at  any  time  hereafter  be  established 
by  the  authorities  of  the  city  of  Chicago  on  the  west  bank  of  the  south 
branch  of  the  Chicago  river,  and  lying  between  blocks  71  and  72,  in 
school  section  addition  to  Chicago,  be,  and  the  same  is  hereby,  va- 
cated and  discontinued,  so  long  as  it  may  be  used  for  railroad  pas- 
senger depot  purposes,  and  no  longer. 

1 3.  Deed  by  city  to  company.]  § 2.  The  mayor  and 
comptroller  shall  execute  and  deliver,  on  behalf  of  the  city,  such  proper 
deed  or  conveyance  as  may  be  necessary  to  convey  all  the  right,  title 
and  interest  of  the  city  in  said  vacated  and  discontinued  street  to  the 
Pittsburg,  Fort  Wayne  and  Chicago  Railroad  Company,  and  in  such 
deed  or  conveyance,  or  other  instrument,  this  ordinance  shall  be  fully 
recited. 

1 4.  Conditions.]  § 3.  If  the  said  Pittsburg,  Fort  Wayne 
and  Chicago  Railroad  Company  shall  at  any  time  cease  to  use  for  rail- 
road passenger  depot  purposes  that  portion  of  Monroe  street  which  is 
hereby  vacated,  or  if  said  railroad  company  shall  at  any  time  hereafter 
refuse  or  neglect  to  reimburse  said  city  of  Chicago  for  any  amount  of 
money  it  may  be  compelled  by  legal  process  to  pay  any  person  or  per- 
sons, as  damages  caused  by  reason  of  the  vacation  and  discontinuance 
of  said  portion  of  Monroe  street,  the  same  shall  immediately  revert  to 
the  city  of  Chicago,  and  any  deed  or  conveyance  given  by  the  city  of 
Chicago  by  virtue  hereof  shall  be  void,  and  all  right  and  title  thereunto 
shall  again  become  vested  in  the  city  of  Chicago  as  before  the  passage 
of  this  ordinance. 

§ 366.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

If  1.  Grant — repair  of  Lumber  street. 

If  2.  Rights  to  cease,  when. 

*f  3.  Bond. 

An  ordinance  relative  to  the  use  of  a part  of  Lumber  street  by  the  Pittsburg, 

Fort  Wayne  & Chicago  Railroad  company.  (Passed  December  1,  1862.) 

T 1.  Grant — repair  of  Lumber  street.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  be  and  is  hereby  given  to  the  Pittsburg,  Fort  Wayne  and 
Chicago  Railroad  Company,  to  lay  down,  maintain  and  operate  a 
single  railroad  track  on  the  east  side  of  Lumber  street  from  the  inter- 
section of  said  railroad  with  Lumber  street  to  South  street,  together 
with  all  such  turnouts  and  side  tracks  leading  into  the  property  ad- 
joining such  said  part  of  Lumber  street  as  may  be  desired  by  the  own- 
ers or  occupants  of  such  adjoining  propertv;  Provided,  however,  that 
said  single  track  be  laid  immediately  over  the  ditch  on  the  east  side  of 
said  Lumber  street,  and  it  and  all  side  tracks  and  turnouts  shall  be 
laid  in  conformity  with  the  directions  of  the  board  of  public  works  of 


46 


722 


RAILROADS. 


[§  367 


said  city  of  Chicago,  and  in  such  a manner  as  to  interfere  as  little  as 
possible  with  Lumber  street  for  the  ordinary  purposes  and  uses  as  a 
highway;  And  Provided,  further,  that  said  railroad  company  shall  at 
all  times  keep  that  portion  of  Lumber  street  which  lies  between  the 
points  above  mentioned  in  good  repair,  and  shall  repair,  grade,  plank 
or  pave  all  that  portion  of  said  Lumber  street,  as  the  said  board  of 
public  works  or  said  common  council  shall  order  or  direct,  and  shall, 
in  the  use  of  said  track  or  tracks,  be  subject  to  all  rules  and  regula- 
tions relative  to  motive  power,  speed  and  the  manner  of  running  there- 
on, that  the  said  common  council  have,  or  hereafter  may,  either  by 
general  or  special  ordinance,  make  or  impose. 

T 2.  Rights  to  cease,  when.]  § 2.  If  at  any  time  the  said 
railroad  company  shall  refuse  or  neglect  to  comply  with  any  order  of 
said  board  of  public  works  or  with  any  order  or  ordinance  of  said 
common  council  relative  to  the  repairing,  grading,  planking  or  paving 
of  said  part  of  Lumber  street,  or  relative  to  the  laying  of  said  track 
or  tracks,  or  using  the  same,  then  all  rights  herein  or  hereby  granted, 
or  intended  to  be  granted,  shall  cease  and  determine,  and  the  said  city 
of  Chicago,  its  officers,  agents,  servants  or  workmen,  shall  have  the 
right  at  once  to  take  up  and  remove  any  or  all  of  said  tracks  laid  in 
said  Lumber  street. 

1 3.  Bond.]  § 3.  This  ordinance  shall  not  take  effect  until 
the  said  railroad  company  shall  have  entered  into  a bond  with  the  city 
of  Chicago,  to  be  filed  with  and  approved  by  the  city  comptroller  of 
said  city,  and  conditioned  for  the  payment  of  any  and  ail  costs,  ex- 
penses, fees,  charges  and  damages  for  which  the  said,  city  of  Chicago 
may  become  or  be  held  liable  to  any  person  or  persons  by  reason  of 
any  act  of  said  railroad  company,  in  laying  down  said  track  or  tracks 
in  said  Lumber  street,  or  using  or  operating  on  the  same,  or  by  reason 
of  said  railroad  company’s  neglect  or  refusal  to  keep  said  Lumber 
street,  between  the  points  above  mentioned,  in  good  repair,  or  to  keep 
that  portion  of  said  Lumber  street  repaired,  graded,  planked  or  paved, 
as  directed  by  said  common  council  or  said  board  of  public  works. 

§ 367.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

If  1.  Viaduct  at  Twelth  street. 

If  2.  Supervision. 

If  3.  Cost — indemnity. 

An  ordinance  in  regard  to  the  building  of  a viaduct  over  the  tracks  of  the  Pitts- 
burg, Fort  Wayne  & Chicago  railroad  at  Twelfth  street.  (Passed  May  5, 

1873-) 

1 1.  Viaduct  at  Twelfth  street.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  the  board  of  public 
works  be  and  it  is  hereby  directed  to  proceed  to  erect  and  com- 
plete, within  one  year  from  the  passage  of  this  ordinance,  a good  and 
sufficient  viaduct,  with  stone  abutments  and  iron  framework,  over  the 
tracks  of  said  Pittsburg,  Fort  Wayne  and  Chicago  Railroad  Company 


§368]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  723 

at  Twelfth  street  in  said  city;  Provided,  the  said  railroad  company 
shall  agree,  by  consenting  to  this  ordinance  through  its  authorized 
officers,  to  pay  in  monthly  installments  upon  the  vouchers  (or  certifi- 
cates) of  said  board  of  public  works  and  of  the  chief  engineer  of  said 
railroad  company,  to  be  issued  as  the  work  progresses,  an  aggregate 
sum  of  twenty- five  thousand  dollars. 

T 2.  Supervision.]  § 2.  The  said  viaduct  shall  be  built  under 
the  joint  superintendence  of  said  board  of  public  works'  and  of  said 
chief  engineer,  and  to  be  of  such  height,  and  the  tracks  of  said  railroad 
company  under  said  viaduct  to  be  placed  at  such  grade,  as  said  board 
and  said  chief  engineer  shall  determine. 

Tf  3.  Cost — indemnity.]  § 3.  All  expenses  of  every  nature 

and  kind  in  excess  of  said  twenty-five  thousand  dollars,  if  any  there 
may  be,  shall  be  borne  by  the  said  city  of  Chicago;  said  city  shall 
maintain  the  approaches  to,  and  the  floor  of,  said  viaduct  at  its  own 
expense,  and  also  do  all  ordinary  repairs.  The  said  city  of  Chicago 
shall  save  the  said  railroad  company  harmless  from  any  claim  for  dam- 
ages by  any  person  injured  by  the  erection  of  said  viaduct,  and  from  all 
expenses  connected  with  the  erection  of  the  same  (exceeding  said 
sum  of  twenty-five  thousand  dollars) ; Provided,  however,  the  said  chief 
engineer’s  services  shall  be  rendered  at  the  expense  of  said  railroad 
company. 

§ 368.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

If  1.  Route. 

Hf  2.  Condition  as  to  Hanover  street. 

if  3.  No  tracks  in  Forty-seventh  or  Fifty-fifth  street. 

Hf  4.  Indemnity. 

5.  Company  and  lessees  to  pay  all  damages. 

Hi  6.  Acceptance. 

An  ordinance  granting  right  of  way  to  Pittsburg,  Fort  Wayne  & Chicago  rail- 
road in  the  town  of  Lake.  (Adopted  January  23,  1880.  Accepted  February 
6,  1880.) 

1,  Route,]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake:  § 1.  Permission  is  hereby  granted  by  the  town  of 
Lake  to  the  Pittsburg,  Fort  Wayne  and1  Chicago  Railroad  Company  to 
lay  its  track  or  tracks,  side  tracks,  switches  and  turnouts  in,  over,  across 
and  along  all  the  streets  and  alleys  of  the  town  of  Lake  which  run  east 
and  west,  crossing  Stewart  avenue  between  the  south  line  of  Forty- 
seventh  street  and  the  north  line  of  Fifty-fifth  street,  and  between 
Stewart  avenue  and  the  east  line  of  Hanover  street,  and  in  and  along 
that  portion  of  Fort  Wayne  avenue  lying  between  Forty-ninth  street 
and  Fifty-first  street,  and  to  operate  the  said  tracks  with  steam  power, 
subject,  however,  at  all  times  to  the  general  ordinances  of  the  town  of 
Lake  now  in  force  or  that  may  be  hereafter  be  adopted  by  the  board 
of  trustees;  said  tracks  to  be  laid  and  maintained  in  and  along  said 
streets  and  alleys  in  accordance  with  and  under  the  direction  of  the 
board  of  trustee, s of  the  town  of  Lake. 


724 


RAILROADS. 


[§  369 


IT  2.  Condition  as  to  Hanover  street.]  § 2.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  express  condition  that 
the  said  railroad  company,  in  consideration  of  the  use  of  the  said1  Fort 
Wayne  avenue,  shall  open  and  extend  Hanover  street,  from  Fifty-first 
street  to  Forty-ninth  street,  to  the  uniform  width  of  sixty-six  feet, 
through  blocks  one  (1),  two  (2),  three  (3)  and  four  (4),  of  McChesney’s 
Subdivision  of  the  southeast  quarter  (%)  of  the  southeast  quarter  (%) 
of  the  southeast  quarter  (%)  of  the  northwest  quarter  (%),  and  the  east 
eleven  (11)  acres  of  the  north  half  (J4)  of  the  southeast  quarter  (Li) 
of  the  northwest  quarter  (%)  of  section  nine  (9),  township  thirty-eight 
(38),  range  fourteen  (14)  east  of  the  3d  Principal  Meridian,  and  ded- 
icate the  same  for  public  use. 

T 3.  No  tracks  in  Forty-seventh  or  Fifty-fifth  streets.]  § 3. 

No  authority  or  permission  is  granted  by  this  ordinance  to  lay  any 
tracks,  switch  or  turnout,  in  any  portion  of  Forty-seventh  street  or 
Fifty-fifth  street. 

IT  4.  Indemnity.]  § 4.  The  permission  and  authority  hereby 
granted  are  upon  further  express  condition  that  the  said  railway  com- 
pany and  its  grantees,  lessees  and  assigns  shall  and  will  foreyer  indem- 
nify and  save  harmless  the  town  of  Lake  against  and  from  any  and  ail 
damages,  judgments,  decrees  and  costs  and  expenses  of  the  same, 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
the  Town  for  or  by  reason  of  the  granting  of  such  privileges  and  au- 
thority, or  for  or  by  reason  of  or  growing  out  of  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company,  its  grantees,  lessees  or  assigns, 
of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  the  said 
company,  its  grantees,  lessees  or  assigns,  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

1 5.  Company  and  lessees  to  pay  all  damages.]  § 5.  The 

permission,  authority  and  privileges  hereby  granted  are  upon  the  fur- 
ther express  condition  that  the  said  Pittsburg,  Fort  Wayne  and  Chi- 
cago Railroad  Company,  and  any  other  railway  companies  that  shall 
construct  or  operate  said  railroad  under  this  ordinance  or  under  lease 
from  or  contract  with  the  Pittsburg,  Fort  Wayne  and  Chicago  Rail- 
road Company,  shall  be  held  jointly,  or  severally,  bound  to  pay  all 
legal  damages  that  may  accrue  to  the  owners  of  property  by  reason  of 
the  operation  of  said  railroad  under  this  ordinance. 

1"  6.  Acceptance.]  § 6.  This  ordinance  will  be  declared  null 
and  void  unless  a written  acceptance  of  the  same  shall  be  deposited 
with  the  Town  clerk  of  the  Town  of  Lake  within  thirty  days  from  this 
date. 

§ 369.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

1.  Route — grant,  ten  years — condition, 
if  2.  Track  not  to  be  elevated, 

IT  3-  Bond. 


§ 37°]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  725 


An  ordinance  authorizing  the  Pennsylvania  company,  operating  the  Pittsburg, 
Fort  Wayne  & Chicago  railroad,  to  lay  down,  maintain  and  operate  a railroad 
track  in  the  city  of  Chicago.  (Passed  April  30,  1883.) 

IT  1.  Route — grant,  ten  years — condition.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § i.  That  permission  and  au- 
thority is  hereby  granted  to  the  Pennsylvania  Company  operating  the 
Pittsburg,  Fort  Wayne  and  Chicago  Railroad  to  lay  down,  maintain 
and  operate,  for  a period  of  ten  years,  with  steam  power,  a single  rail- 
road track  extending  from  the  center  of  West  Water  street  to  and 
across  the  west  line  of  North  Canal  street,  at  such  a point  within  a 
distance  of  eighty  feet  south  of  the  south  line  of  Fulton  street  as  said 
company  may  select;  Provided,  that  if  there  is  a viaduct  ordered  built 
on  Canal  street  over  said  track  by  the  city  council,  this  company  shall 
pay  its  proportion  of  the  expense  of  building  said  viaduct  and  the  ap- 
proaches thereto,  or  at  its  option  to  remove  said  track  and  switch 
forthwith. 

1 2.  Track  not  to  be  elevated.]  § 2.  Said  track  shall  not 
be  elevated  above  the  surface  of  the  street,  and  shall  be  so  laid  that 
carriages  and  other  vehicles  can  easily  and  safely  pass  over  the  same 
at  any  time  and  at  all  points,  and  in  any  and  all  directions. 

T 3.  Bond.]  § 3.  This  ordinance  is  granted  upon  the  ex- 
press condition  that  said  company  shall  enter  into  bonds  with  the  said 
city  of  Chicago  in  the  penal  sum  of  twenty-five  thousand  dollars 
(25,000),  with  good  and  sufficient  sureties  to  save  and  keep  the  said 
city  harmless  from  any  and  all  claims  for  damages  for  or  on  account 
of  the  laying  and  operation  of  said  track. 

§ 370.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

If  1.  Additional  tracks  in  Stewart  avenue. 

IT  2.  Dedication  of  street — company  pay  costs, 
if  3.  Company  improve  street, 
if  4.  Sidewalk. 

if  5.  Removal  of  lamp  posts  and  underground  work. 

If  6.  Exercise  of  rights  after  improvement. 

if  7.  Fence  on  east  line  of  Stewart  avenue — gates,  etc. 

it  8.  Joint  operation  of  gates. 

it  9.  Right  to  operate,  when — fence  on  west  side  Stewart  avenue — 
agreement. 

if  10.  Subject  to  all  general  ordinances, 
it  11.  Indemnity. 

•ft  12.  Bond. 

if  13.  Improvement  of  street  dedicated  by  company, 
it  14.  Four  viaducts — foot  bridges— conditions  as  to  cost  and  main- 
tenance. 

if  15.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Pittsburg,  Fort  Wayne  & Chicago 
Railway  company  to  lay  down  and  maintain  two  additional  tracks  in  Stewart 
avenue.  (Passed  July  21,  1887.  Accepted  September  12,  1887.) 

T 1.  Additional  tracks  in  Stewart  avenue.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  in  consideration 


726 


RAILROADS. 


of  the  covenants  and  agreements  herein  contained,  permission  and  au- 
thority is  hereby  given  to  the  Pittsburg,  Fort  Wayne  and  Chicago 
Railway  Company,  its  lessees  and  successors,  to  lay  down,  maintain 
and  operate  two  (2)  additional  railroad  tracks,  with  necessary  switches, 
turnouts  and  side  tracks,  in  the  streets  known  and  designated  as  Stew- 
art avenue,  in  the  city  of  Chicago,  as  the  same  is  now  laid  out  and 
dedicated,  from  Bushnell  street  on  the  north,  to  the  southern  bound- 
ary of  said  city;  Provided,  that  the  west  rail  of  the  west  track  of  said 
company  shall  not  be  nearer  the  west  line  of  Stewart  avenue  than 
twelve  (12)  feet. 

IT  2.  Dedication  of  street — company  pay  costs.]  § 2.  The 

said  company  shall  pay  the  entire  cost  and  expense  of  widening  said 
Stewart  avenue,  between  the  points  mentioned  in  section  1 hereof,  to 
an  additional  width  of  thirty-three  feet,  in  the  manner  following:  Be- 
fore laying  down  said  railroad  tracks,  or  either  of  them,  the  said  com- 
pany shall  dedicate,  for  use  as  a street,  so  much  of  the  property  on 
the  east  side  of  Stewart  avenue,  which  may  be  owned  or  controlled  by 
said  company,  as  will  increase  the  width  of  Stewart  avenue,  between 
Bushnell  street  and  Thirty-ninth  street,  from  sixty-six  (66\  feet  in 
width  to  ninety-nine  (99)  feet  in  width  upon  a condemnation  being 
had  by  the  city  of  Chicago  of  the  remainder,  if  any,  of  such  abutting 
property  as  may  be  necessary  to  secure  a continuous  widening  of  said 
width  of  thirty-three  (33)  feet,  between  said  points,  the  said  company 
shall  pay  all  damages  and  costs  and  expenses  of  said  condemnation,  so 
that  said  additional  width  of  thirty-three  (33)  feet  over  and  above  said 
sixtv-six  (66)  feet,  may  be  secured  for  street  purposes  without  cost  or 
expense  to  the  city,  or  to  the  property  owners  other  than  said  company. 

1 3.  Company  improve  street.]  § 3.  Said  company  shall 
also  pay  the  entire  cost  and  expense  of  grading,  curbing  and  macada- 
mizing twenty-three  (23)  feet  of  said  thirty-three  (33)  feet,  from  Bush- 
nell street  to  Thirty-ninth  street,  when  the  same  shall  have  become 
part  of  Stewart  avenue,  said  work  to  be  done  under  the  direction  of  the 
department  of  public  works. 

IT  4.  Sidewalk.]  § 4.  Said  company  shall  also  build  a sub- 
stantial wooden  sidewalk  ten  (10)  feet  in  width,  from  Bushnell  street 
to  Thirty-ninth  street  on  the  east  side  of  said  thirty-three  (33)  feet  at 
its  own  expense;  said  work  to  be  done  under  the  direction  of  the  de- 
partment of  public  works. 

1 5.  Removal  of  lamp  posts  and  underground  work.]  § 5. 

The  said  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company  shall 
remove  from  the  present  Stewart  avenue,  at  its  own  expense,  all  lamp 
posts,  drain  pipes,  water  pipes,  sewer  pipes  and  hydrants,  and  shall  re- 
place the  same  under. the  direction  of  the  department  of  public  works, 
in  said  thirty-three  (33)  feet  on  the  east  side  of  the  present  Stewart 
avenue,  after  said  thirty-three  (33)  feet  shall  have  become,  by  dedica- 
tion or  condemnation,  a part  of  Stewart  avenue. 


§ 37°]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  727 

1 6.  Exercise  of  rights  after  improvement^  § 6.  The  said 
company  shall  complete  the  entire  improvement  of  said  thirty-three 
(33)  feet  on  the  east  side  of  Stewart  avenue,  between  Bushnell  street 
and  Thirty-ninth  street,  in  accordance  with  the  provisions  of  this  or- 
dinance, before  they  shall  exercise  any  rights  under  this  ordinance. 

1 7.  Fence  on  east  line  of  Stewart  avenue,  gates,  etc.] 

§ 7.  Said  company  shall  erect  and  forever  maintain,  at  its  own  ex- 
pense, on  the  east  line  of  the  present  Stewart  avenue;  also  on  Stewart 
avenue,  between  the  west  line  of  their  tracks  and  the  roadway  from 
Fifteenth  street  to  Wilson  street,  a substantial  fence  of  wood,  iron, 
brick  or  stone,  and  of  a design  and  size  to  be  determined  by  the  de- 
partment of  public  works,  together  with  suitable  gates  at  street  cross- 
ings, and  in  the  future  maintenance  thereof  the  said  company  shall  be 
subject  to  the  directions  of  the  department  of  public  works. 

1 8.  Joint  operation  of  gates.]  § 8.  The  said  company,  to- 
gether with  the  Chicago  and  Western  Indiana  Railway  Company,  and 
its  lessees,  shall  operate  gates  at  the  Stewart  avenue  crossings,  be- 
tween Bushnell  and  Thirty-ninth  streets,  from'  towers  to  be  placed  on 
or  near  the  west  line  of  Stewart  avenue,  and  shall,  from  time  to  time, 
provide  and  maintain  such  other  and  further  protection  against  acci- 
dents to  persons  crossing  said  streets  as  may  be  required  by  the  city 
council. 

Provided,  That  after  the  construction  and  completion  of  any  via- 
duct, at  any  street  as  hereinafter  provided,  the  said  company  shall  dis- 
continue the  gates  at  such  street. 

1 ‘ 9.  Right  to  operate,  when — fence  on  west  side  Stewart 
avenue — agreement.]  § 9.  Upon  the  carrying  out  of  the  improve- 
ments in  Stewart  avenue  above  mentioned,  and  the  erection  of  gates 
at  the  several  crossings  operated  from  towers  as  aforesaid,  and  the 
adoption  of  such  safety  appliances  as  shall  satisfy  the  mayor  and  com- 
missioner of  public  works  as  insuring  the  safety  of  the  public,  it  shall 
be  lawful  for  the  said  Pittsburg,  Fort  Wayne  and  Chicago  Railway 
Company  and  its  lessees,  to  operate  the  four  tracks  in  Stewart  ave- 
nue, and  for  the  said  Chicago  and  Western  Indiana  Railway  Company 
and  its  lessees,  to  operate  the  four  tracks  of  the  said  Chicago  and 
Western  Indiana  Railway  Company,  adjoining  said  street  on  the  west 
with  their  engines  and  passenger  trains,  at  a rate  of  speed  not  ex- 
ceeding twenty  (20)  miles  an  hour,  between  said  Bushnell  street  and 
Thirty-ninth  street  on  the  south,  on  the  express  condition,  however, 
that  said  Chicago  and  Western  Indiana  Railway  Company  shall  first 
build  on  the  west  side  of  its  tracks  from  Bushnell  street  to  Thirty-ninth 
street,  a substantial  fence  of  wood,  iron,  brick  or  stone,  as  may  be  de- 
termined by  the  department  of  public  works,  and  of  a size  and  design 
to  be  determined  by  said  department,  together  with  suitable  gates  at 
street  crossways;  and  provided,  further,  that  said  Chicago  and  West- 
ern Indiana  Railway  Company  shall  first  agree  in  writing  with  the  city 


728  RAILROADS.  [§  370 

of  Chicago  to  forever  thereafter  maintain  said  fence  in  conformity  with 
the  directions  of  the  said  department  of  public  works. 

1 10.  Subject  to  all  general  ordinances,]  § io.  The  privi- 
leges hereby  granted  shall  be  subject  to  all  general  ordinances  that 
now  are  or  may  hereafter  be  in  force  concerning  railways  in  said  city, 
which  are  not  inconsistent  with  this  ordinance. 

1"  11.  Indemnity,]  § n.  The  permission  and  authority 
hereby  granted  are  upon  the  further  express  condition  that  the  said 
Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company,  its  lessees  and 
successors,  shall  and  will  forever  indemnify  and  save  harmless  the  city 
of  Chicago  against  and  from  anv  and  all  damages,  judgments,  decrees 
and  costs  and  expenses  of  same,  which  it  may  suffer,  or  which  may  be 
recovered  or  obtained  against  said  city,  for  or  by  reason  of  the  grant- 
ing of  the  privileges  and  authority  hereby  conferred,  or  by  reason  of 
the  exercise  by  the  said  company  of  any  of  the  privileges  hereby 
granted.  And  it  is  expressly  agreed  that  upon  the  recovery  of  any 
final  judgment  or  judgments  against  said  city,  as  aforesaid,  the  said 
company  shall  immediately  and  without  prior  payment  of  said  judg- 
ment by  the  city  upon  due  notice  of  the  same  to  be  given  by  the  comp- 
troller of  said  city,  be  liable  to  pay  and  shall  pay  the  amount  or  amounts 
thereof  to  said  city,  and  the  fact  that  the  said  city  may  not  have  paid 
said  judgment  or  judgments  shall  constitute  no  defense  on  the  part 
of  the  said  company,  and  it  is  expressly  agreed  by  the  said  Pittsburg, 
Fort  Wayne  and  Chicago  Railway  Company,  that  it  shall  be  held 
bound  to  pay  all  damages  that  may  accrue  to  the  property  owners 
fronting  on  that  portion  of  any  streets  wherein  said  railroad  company 
or  said  city  of  Chicago  shall  under  this  ordinance  construct  any  via- 
duct or  approaches  thereto,  by  reason  of  the  construction  of  such  via- 
ducts or  approaches. 

1*  12.  Bond.]  § 1 2.  The  said  Pittsburg,  Fort  Wayne  and 
Chicago  Railway  Company,  its  lessees  or  successors,  shall  enter  into  a 
good  and' sufficient  bond  with  the  city  of  Chicago,  with  sureties  satis- 
factory to  the  mayor,  in,  the  penal  sum  of  one  hundred  thousand  dol- 
lars ($100,000),  for  the  faithful  performance  of  all  the  terms  and  condi- 
tions contained  in  this  ordinance,  and  the  payment  of  all  moneys  herein 
required. 

1 13.  Improvement  of  street  dedicated  by  company.]  § 13. 

It  is  further  understood  and  agreed  that  whenever  the  said  Pittsburg, 
Fort  Wayne  and  Chicago  Railway  Company  shall  acquire  title  to  the 
property  situated  on  the  east  side  of  Stewart  avenue,  between  Bushnell 
street  and  Archer  avenue,  by  purchase,  condemnation  or  otherwise,  the 
said  company  shall  thereupon  dedicate  thirty-three  (33)  feet  off  the 
west  end  of  the  same  for  street  purposes,  and  shall  grade,  curb,  macad- 
amize and  sidewalk  the  same,  as  is  provided  in  the  case  of  the  property 
south  of  Bushnell  street,  when  said  thirty-three  (33)  feet,  between 
Bushnell  street  and  Archer  avenue,  shall  have  become  dedicated  as 


§ 370]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  729 

aforesaid,  the  said  company  shall  provide  a safe  and  convenient  access 
from  Archer  avenue  to  Twenty-second  street,  until  the  dedication  of 
said  thirty-three  (33)  feet,  between  Bushnell  street  and  Archer  avenue 
as  aforesaid.  The  said  company  shall  keep  the  entire  width  of  Stewart 
avenue,  exclusive  of  sidewalk  space,  between  Bushnell  street  and 
Archer  avenue,  graded  and  paved  to  the  level  of  the  tops  of  the  rails, 
under  the  direction  of  the  department  of  public  works,  so  that  carriages 
and  other  vehicles  may  safely  and  conveniently  pass  and  repass  at  all 
points.  Said  company  shall  also  run  its  trains,  between  Twenty-second 
street  and  Bushnell  street,  during  the  time  just  aforesaid,  at  a speed 
not  greater  than  six  (6)  miles  an  hour,  and  said  rate  of  speed  shall  ap- 
ply as  well  to  passenger  as  to  freight  trains. 

IT  14.  Four  viaducts— foot  bridges — conditions  as  to  cost  and 
maintenance.]  § 14.  The  permission,  authority  and  privileges  here- 
by granted  are  upon  the  further  express  condition  that  the  Pittsburg, 
Fort  Wayne  and  Chicago  Railway  Company,  its  lessees  or  successors, 
shall  pay  to  the  city  of  Chicago  the  cost  and  expense  of  the  construc- 
tion and  maintenance  of  four  viaducts  over  the  tracks  of  said  company 
at  such  streets  crossing  the  right  of  way  hereby  granted  which  may 
be  selected  by  the  city  council  of  said  city,  and  in  addition  thereto  the 
said  last  mentioned  railroad  company  shall  pay  the  entire  cost  and  ex- 
pense of  the  approaches  on  the  east  side  of  said  four  viaducts  and  shall 
also  pay  all  damages  to  lots,  lands  and  buildings  and  any  title  to  or 
interest  therein,  or  to  the  occupancy  or  possession  thereof  which  may 
be  recovered  or  obtained  against  said  city  in  consequence  of  the  con- 
struction of  said  eastern  approaches  and  viaducts;  Provided,  however, 
that  said  last  mentioned  railway  company,  its  lessee  or  successor,  shall 
not  be  required  to  pay  for,  in  whole  or  in  part,  the  erection  of  more 
than  one  of  any  such  viaducts  in  any  one  year;  Provided,  further,  that 
when  any  such  viaduct  cannot  be  built  at  any  such  street'  crossings 
without  the  same  be  built  over  the  tracks  of  some  other  railroad  com- 
pany or  companies  then  the  Pittsburg,  Fort  Wayne  and  Chicago  Rail- 
way Company,  its  lessees  or  successors,  shall  only  be  obliged  to  join 
with  such  other  last  mentioned  company  or  companies  in  the  construc- 
tion and  maintenance  of  such  viaducts  and  pay  its  fair  proportion  of 
the  cost  of  such  viaduct  or  viaducts;  but  the  Pittsburg,  Fort  Wayne 
and  Chicago  Railway  Company  shall,  in  any  event,  pay  the  entire  cost 
of  the  eastern  approaches,  and  land  or  other  damages  hereinbefore 
mentioned,  on  the  east  side  of  said  tracks:  Provided,  further,  that  when- 
ever the  commissioner  of  public  works  shall  order  the  same  to  be  built, 
the  said  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company  shall 
construct  and  maintain  overhead  foot  bridges  over  and  across  said 
tracks  not  exceeding  four  in  number,  which  said  overhead  foot  bridges 
shall  be  removed  to  points  where  no  viaduct  is  provided,  when  the  via- 
ducts hereinbefore  provided  for  shall  be  built,  at  any  point  where  a 
foot-bridge  shall  have  been  erected. 


730 


RAILROADS. 


[§  371 


T 15.  When  in  force — acceptance.]  § 15.  This  ordinance 
shall  take  effect  and  be  in  force  when  the  same  shall  have  been  duly- 
accepted  by  said  company;  and  the  said  company,  its  lessee  or  suc- 
cessor, shall  have  executed  and  filed  with  the  city  clerk  the  bond 
provided  for  herein,  in  manner  and  form  as  hereinbefore  required; 
Provided,  however,  that  unless  this  ordinance  shall  be  duly  accepted 
and  said  bond  executed  and  filed  within  sixty  (60)  days  of  the  passage 
hereof,  this  ordinance  shall  be  null  and  void. 

§ 371.  Pittsburg,  Fort  Wayne  & Chicago  Railroad  company. 

If  1.  Right  confirmed  to  maintain  existing  tracks  on  Stewart  avenue. 

f 2.  Permission  to  lay  two  additional  tracks,  with  switches  and 
cross-overs. 

•fT  3.  Viaducts  at  Forty- third  and  State  streets — viaducts  at  other 
streets. 

■ff  4.  When  in  force. 

An  ordinance  granting  permission  to  the  Pittsburg,  Fort  Wayne  & Chicago  Rail- 
way company  to  lay  additional  tracks  on  Stewart  avenue.  (Passed  July 
10,  1889.  Accepted  July  12,  1889.) 

If  1.  Right  confirmed  to  maintain  existing  tracks  on  Stewart 
avenue.]  § i.  Whereas,  a dispute  has  arisen  between  the  author- 
ities of  the  town  of  Lake  and  the  Pittsburg,  Fort  Wayne  and  Chicago 
Railway  Company,  relative  to  the  right  of  said  company  to  have  cer- 
tain of  its  tracks  in  Stewart  avenue  within  the  said  town  of  Lake;  and 
whereas,  it  is  deemed  important  to  t'he  interests  both  of  said  company 
and  of  said  town  of  Lake,  that  all  questions  in  relation  thereto  should 
be  now  amicably  settled  for  all  time  to  come : 

Therefore,  Be  it  ordained  by  the  trustees  of  the  town  of  Lake,  that 
the  right  of  said  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Com- 
pany, its  lessees,  successors  and  assigns,  to  the  maintenance  and  oper- 
ation of  all  its  tracks  which  are  now  situated  within  the  limits  of  said 
Stewart  avenue,  in  said  town  of  Lake,  as  the  same  are  now  constructed, 
be  and  the  same  is  granted  and  confirmed  forever. 

If  2.  Permission  to  lay  two  additional  tracks,  with  switches 
and  cross-overs.]  § 2.  That  permission  and  authority  are  hereby 
given  to  said  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company, 
its  lessees,  successors  and  assigns,  to  construct  and  forever  operate 
and  maintain,  subject  only  to  proper  police  regulation  in  respect  there- 
to, two  additional  tracks,  parallel  with  the  two  existing  main  tracks 
of  said  company  within  the  limits  of  Stewart  avenue;  also  across  all 
other  streets  and  alleys  that  may  be  now  or  hereafter  laid  out  across 
said  Pittsburg,  Fort  Wayne  and  Chicago  Railway  within  the  limits  of 
the  town  of  Lake,  including  herein  necessary  and  proper  switches  and 
crossovers  to  the  end  that  said  Pittsburg,  Fort  Wayne  and  Chicago 
Railway  Company,  its  lessees,  successors  and  assigns  may  forever  have 
the  right  to  construct,  maintain  and  operate  within  said  town  of  Lake 
four  main  railway  tracks,  and  necessary  yard  and  side  tracks. 


37l]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILROAD  COMPANY.  731 


If  3.  Viaducts  at  Forty-third  and  State  streets — viaducts  at 
other  streets.]  §3.  The  permission  and  authority  herein  granted  is 
upon  the  following  express  condition : 

First.  That  whenever  the  town  of  Lake  wishes  to  construct  via- 
ducts over  the  tracks  of  said  Pittsburg,  Fort  Wayne  and  Chicago  Rail- 
way at  43rd  street  and  at  State  street,  said  company  will  pay  the  cost 
of  the  superstructure  over  its  right  of  way,  and'  in  the  first  named  street 
will  also  pay  the  cost  of  building  the  east  approach,  but  not  the  land 
damages,  and  one-half  the  cost  of  the  pier  (should  there  be  one),  lo- 
cated on  the  boundary  line  between  their  right  of  way  and  that  of  the 
Chicago  and  Western  Indiana  Railroad;  and  at  the  second  named 
street  they  will  do  likewise  with  the  superstructure,  south  approach 
and  supporting  pier,  on  boundary  line  'between  their  right  of  way  and 
that  of  the  Lake  Shore  and  Michigan  Southern  Railroad. 

Second.  That  whenever  the  town  of  Lake  may  desire  to  construct 
a viaduct  over  any  other  street  crossing  than  the  ones  named,  the  said 
Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company,  its  lessees, 
successors  or  assigns,  will  pay  the  cost  of  so  much  of  the  superstructure 
of  said  viaduct  as  may  be  over  the  right  of  way  or  property  of  said 
Pittsburg,  Fort  Wayne  and  Chicago  Railway,  and  also  the  cost  of  the 
supporting  masonry,  except  when  said  masonry  may  also  support  sup- 
erstructure that  extends  over  the  tracks  or  property  of  some  other  com- 
pany* in  which  case  they  will  pay  one-half  the  cost  of  said  masonry; 
it  being  understood  that  the  town  of  Lake  shall  pay  all  land  damages 
that  may  be  caused  in  consequence  of  the  construction  of  said  viaducts 
or  of  said  approaches,  and  will  pay  or  cause  to  be  paid  the  cost  of  all 
approaches  to  said  viaducts  other  than  to  the  two  herein  before  men- 
tioned; provided  also  further,  that  no  more  than  two  of  said  viaducts 
shall  be  constructed  in  any  one  calendar  year.  Provided  also  further, 
that  the  general  plan  of  said  viaducts  and  each  of  them  so  far  as  the 
same  relates  to  the  crossing  of  the  right  of  way  of  the  Pittsburg,  Fort 
Wayne  and  Chicago  Railway,  shall  be  submitted  for  approval  to  the 
chief  engineer  of  said  railway  company,  its  lessees,  successors  and  as- 
signs, and  that  before  final  bids  shall  be  accepted  for  the  construction 
of  said  viaducts  or  either  of  them,  said  Pittsburg,  Fort  Wayne  and 
Chicago  Railway,  its  lessees,  successors  or  assigns,  shall  be  permitted 
to  inspect  and  approve  the  same. 

IT  4.  When  in  force.]  § 4.  This  ordinance  shall  not  take 
effect  or  be  in  force  unless  the  Pittsburg,  Fort  Wayne  and  Chicago 
Railway  Company,  or  its  lessee,  the  Pennsylvania  companv.  shall 
within  sixty  (60)  days  of  the  passage  thereof,  file  with  the  clerk  of  the 
town  of  Lake,  its  written  acceptance  thereof. 


732 


RAILROADS. 


SOUTH  CHICAGO  & SOUTHERN  RAILROAD  COMPANY. 

§ 372.  South  Chicago  & Southern  Railroad  company. 

IT  1.  Route. 

Tf  2.  Liability  for  damage. 

f 3-  Bond. 

An  ordinance  granting  permission  to  the  South  Chicago  & Southern  Railroad 
company  to  lay  down  tracks  in  the  village  of  Hyde  Park.  (Passed  and 
approved  March  31,  1882.) 

1.  Route.]  Be  it  ordained  hy  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  be  and  is 
hereby  granted  to  the  South  Chicago  and  Southern  Railroad  Com- 
pany, to  construct  and  lay  one  or  more  railroad  tracks  upon  that  cer- 
tain strip  of  land,  not  exceeding  one  hundred  feet  in  width,  which  said 
company  may  acquire  in  said  village,  commencing  at  a point  in  the 
north  line  of  One  Hundred  and  Tenth  street,  at  the  intersection  of  the 
section  line,  between  sections  seventeen  and  eighteen,  township  thirty- 
seven  (37),  north  range  fifteen  (15),  east  of  the  third  (3rd)  P.  M.,  in  the 
village  of  Hyde  Park;  thence  south  upon  and  along  said  section  line 
to  the  south  line  of  the  southwest  quarter  (J4)  of  section  29,  said  town; 
thence  to  some  point  in  the  south  line  of  the  southwest  quarter  of  sec- 
tion 32,  said  town,  to  be  determined  by  said  company;  also  commenc- 
ing at  the  point  of  intersection  of  said  section  line,  between  sections 
nineteen  and  twenty,  with  the  meander  line  of  the  government  survey 
as  made  on  said  sections  in  1874,  thence  south  by  west  along,  adja- 
cent to  and  to  the  east  of  said  meander  line  as  established  by  the  sur- 
vey of  1874,  to  the  south  line  of  the  northeast  quarter  of  section  three 
in  said  town;  thence  to  connect  with  the  Chicago  and  Western  In- 
diana, and  New  York,  Chicago  and  St.  Louis  railroads,  as  now  estab- 
lished, and  also  with  any  belt  line  railroad  or  railroads  which  shall  be 
constructed  on  any  part  of  section  thirty-one  (31),  said  town,  over 
such  routes  and  at  such  points  as  may  be  determined  by  said  company; 
also  all  such  branches,  side  tracks  and  switches  as  the  said  company 
may,  from  time  to  time,  elect  to  build  on  their  own  land  now  acquired, 
or  which  shall  be  hereafter  acquired,  by  them  on  sections  nineteen, 
twenty,  twenty-nine,  thirty-one  and  thirty-two  in  said  township,  county 
and  state. 

Tf  2.  Liability  for  damage.]  § 2.  The  said  railroad  com- 
pany, within  the  boundaries  aforesaid,  may  cross  any  street  or  alley  on 
their  lines  of  road ; Provided,  said  company  shall  pay  any  and  all  dam- 
ages arising  from,  or  in  any  way  growing  out  of,  such  taking  or  using 
such  street  or  alley  crossings  or  any  of  them,  to  any  and  all  persons  in- 
jured or  damaged  by  the  same;  and  provided  further,  said  railroad 
company  shall  construct  and  maintain  good  and  convenient  crossings 
and  sidewalks,  and  upon  such  grade  or  grades  as  may  from  time  to 
time  be  required  by  the  board  of  trustees,  as  well  as  cattle  guards,  cul- 
verts and  warning  tables  across  their  tracks  and  grounds  at  the  inter- 


§ 372a]  SOUTH  CHICAGO  & SOUTHERN  RAILROAD  COMPANY.  733 

section  of  all  streets  and  alleys  now  existing,  or  which  may  hereafter 
be  authorized  or  opened  by  said  board,  and  comply  with  and  be  sub- 
ject to  all  laws  and  ordinances  of  said  village  now  in  force,  or  which 
may  hereafter  be  adopted. 

If  3.  Bond.]  § 3.  This  ordinance  shall  not  take  effect  until 
after  said  company  shall  have  entered  into  a bond  with  or  to  said  vil- 
lage of  Hyde  Park  in  the  penal  sum  of  $5,000,  conditioned  for  the 
payment  of  all  damages  which  may  arise  to  the  said  village  of  Hyde 
Park,  and  to  any  person  or  persons  whoever,  by  reason  of  said  com- 
pany constructing,  laying  down,  maintaining,  using  or  occupying  said 
railroad  track  or  tracks,  or  taking,  using  or  crossing  said  streets  or  al- 
leys, within  the  said  village  of  Hyde  Park. 

t § 372a.  South  Chicago  & Southern  Railroad  company. 

If  1.  Route. 

Tf  2.  Damages — crossings — time  limit  for  construction. 

An  ordinance  granting  permission  to  the  South  Chicago  & Southern  Railroad 
company  to  construct  and  maintain  one  or  more  railroad  tracks  in  the  village 
of  Hyde  Park.  (Passed  and  approved  February  1,  1886.  Accepted  March 
22,  1886.) 

If  1.  Route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  be  and  is 
hereby  granted  to  the  South  Chicago  and  Southern  Railroad  Com- 
pany, its  successors,  or  assigns,  to  construct  and  lay  one  or  more 
railroad  tracks  upon  that  certain  strip  of  land,  not  exceeding  100  feet 
in  width,  which  said  company  may  acquire  in  said  village,  commencing 
at  the  northwest  corner  of  the  northeast  fractional  quarter  of  section 
20,  township  37  north,  range  15,  east  of  the  3rd  P.  M.,  at  the  inter- 
section of  the  half  section  line  with  the  north  line  of  said  section  20; 
thence  northerly  to  a point  in  the  north  line  of  106th  street,  at  the  cen- 
ter of  a plot  or  strip  of  land,  known  as  “private  property,”  on  the  north- 
east fractional  quarter  of  section  8;  thence  north  along  the  center  of 
said  strip  of  land  to  the  south  line  of  the  right  of  way  of  the  Baltimore 
and  Ohio  Railroad  Company,  to  connect  both  to  the  easterly  and  west- 
erly with  said  road,  the  Lake  Shore  and  Michigan  Southern  Railroad, 
the  Pittsburg,  Fort  Wayne  and  Chicago  Railway,  or  either  of  them. 

If  2.  Damages — crossings — time  limit  for  construction.]  § 2. 
The  said  railroad  company  in  the  construction  of  said  line,  may  con- 
struct and  operate  its  road  across  any  street  or  alley  in  their  said  line ; 
Provided,  said  company  shall  pay  any  and  all  damages  arising  from, 
or  in  any  way  growing  out  of,  such  taking  or  using  such  street  or  alley 
crossings,  or  any  of  them,  to  any  and  all  persons  injured  or  damaged 
by  the  same;  and  Provided  further,  said  railroad  company  shall,  from 
time  to  time,  as  may  be  required  by  the  board  of  trustees,  construct 
and  maintain  good  and  convenient  crossings  and  sidewalks  and  suit- 
able cattle  guards  and  culverts  across  its  tracks  and  grounds,  at  the  in- 
tersection of  all  streets  and  alleys  which  now  exist,  or  which  may 


734 


RAILROADS. 


hereafter  be  authorized  or  opened  by  said  board,  and  comply  with  and 
be  subject  to  all  laws  and  ordinances  of  said  village  now  in  force,  or 
which  may  hereafter  be  adopted,  governing  the  operation  of  railways. 
Provided  further,  that  the  said  railroad  company  shall  construct  its 
road  over  the  said  line  within  one  year  from  the  date  of  the  passage 
of  this  ordinance,  or  the  same  shall  become  voidable. 


UNION  STOCK  YARD  & TRANSIT  COMPANY. 

§ 373-  Union  Stock  Yard  & Transit  company  (resolution). 

If  i.  Resolution — permission  to  lay  track  on  Emerald  avenue. 

Resolution  passed  by  the  board  of  trustees  of  the  town  of  Lake  authorizing  the 

Union  Stock  Yard  & Transit  company  to  lay  a single  track  on  Emerald 

avenue.  (Passed  August  29,  1871.) 

T 1.  Resolution — permission  to  lay  track  on  Emerald  avenue.] 

Whereas,  the  Union  Stock  Yard  & Transit  Company  has  petitioned 
this  board  through  John  B.  Sherman,  general  superintendent  of  said 
company,  for  the  privilege  of  laying  a single  railroad  track  on  the  cen- 
tral line  of  Emerald  avenue,  north  of  the  Union  Stock  Yard  crossing  or 
transfer  track  to  Egan  avenue:  And  whereas,  J.  V.  LeMoyne,  agent 
of  parties  owning  the  court  subdivision  of  the  west  half  of  the  north- 
west quarter  of  section  4,  town  38,  north  range  14,  in  which  subdivi- 
sion said  railroad  ‘track  is  proposed  to  be  laid,  has  given  this  board,  in 
writing,  his  opinions  that  the  parties  owning  said  subdivision  would 
have  no  objection  to  have  said  railroad  track  laid  on  said  Emerald 
avenue:  And  whereas,  said  J.  V.  LeMoyne  gave  it,  as  his  opinion,  to 
members  of  this  board  that  said  railroad  track  would  be  an  advantage 
to  said  property  owners,  Resolved,  that  the  Union  Stock  Yard  and 
Transit  Company  are  hereby  granted  the  right  to  lay  a single  railroad 
track  on  the  center  line  of  Emerald  avenue,  north  of  the  Union  Stock 
Yard  crossing,  or  transfer  track,  to  Egan  avenue. 

g 374.  Union  Stock  Yard  & Transit  company. 

*[[  1.  Grant — street  paving  and  repair. 

2.  Motive  power — subject  to  ordinances — reservation. 

3.  Maintain  crossings,  bridges  and  viaducts. 

II  4.  Indemnity. 

Tf  5.  When  in  force. 

An  ordinance  authorizing  the  Union  Stock  Yard  & Transit  company  to  extend 
its  tracks.  (Passed  March  19,  1877.) 

If  1.  Grant — street  paving  and  repair.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 
thority be  and  are  hereby  granted  to  the  Union  Stock  Yard  and  Tran- 


§ 374] 


UNION  STOCK  YARD  & TRANSIT  COMPANY. 


735 


sit  Company  to  extend  its  railroad  tracks  along  the  east  side  of  and 
adjoining  the  Columbus,  Chicago  and  Indiana  Central  Railway  from 
the  crossing  of  the  Illinois  and  Michigan  Canal  northward  to  a con- 
nection with  the  Chicago  and  Northwestern  Railway  at  or  near  the 
crossing  of  that  road  and  Ogden  avenue,  in  said  city,  and  may  con- 
struct, maintain  and  operate  such  railroad  with  single  or  double  track, 
and  with  all  necessary  switches,  turn-outs  and  connections  along  the 
line  thereof,  as  may  be  convenient  or  necessary  for  the  transaction  of 
the  business  to  be  done  therein;  said  track,  side  tracks,  turn-outs  and 
switches  to  be  laid,  completed  and  constructed  subject  to  the  direction 
of  the  city  engineer.  And  the  paving  and  keeping  in  repair  of  so  much 
of  the  streets,  alleys  and  crossings  as  may  be  occupied  by  said  Union 
Stock  Yark  and  Transit  Company  with  such  tracks,  switches  and 
turn-outs,  also  to  be  under  the  direction  of  said  engineer,  and  shall 
be  paved  and  repaired  when  ordered  by  the  city  council  of  this  city, 
and  the  said  Stock  Yark  and  Transit  Company  shall  pave  all  ap- 
proaches to  the  same,  and  keep  them  in  proper  repair. 

If  2.  Motive  power — subject  to  ordinances — reservation.] 
§ 2.  The  said  Union  Stock  Yark  and  Transit  Company  is  hereby 
authorized  to  run,  and  permit  to  be  run,  cars  and  engines  over  and 
along  said  tracks  hereby  authorized  to  be  constructed,  with  steam  or 
such  other  motive  power  as  said  company  may  deem  best;  subject, 
however,  to  all  laws  and  ordinances  of  the  city  of  Chicago,  relative 
to  railroad  companies  now  in  force,  or  which  may  hereafter  be  passed. 
But  this  section  shall  not  be  so  construed  as  to  authorize  the  said  Union 
Stock  Yark  and  Transit  Company  to  construct  or  operate  or  permit 
to  be  operated  what  is  commonly  known  as  horse  railroads,  transport- 
ing passengers  and  baggage  to  and  fro  within  the  city  of  Chicago. 

1 3.  Maintain  crossings,  bridges  and  viaducts.]  § 3.  Such 
crossings,  bridges  or  viaducts  shall  be  made  and  maintained  by  said 
Union  Stock  Yard  and  Transit  Company,  where  such  track  or  tracks 
cross  any  streets,  water-course  or  alley  within  the  limits  of  the  city 
of  Chicago,  as  may  be  ordered  by  the  city  council. 

If  4.  Indemnity.]  § 4.  The  permission  and  authority  hereby 
granted  are  upon  the  further  express  condition,  that  the  said  Union 
Stock  Yard  and  Transit  Company,  shall,  and  will  forever  indemnify 
and  save  harmless  the  city  of  Chicago  against  and  from  any  and  all 
damages,  judgments,  decrees,  costs  and  expenses,  which  it  may  suffer 
or  which  may  be  recovered  or  obtained  against  the  city  by  reason  of 
the  granting  of  such  privileges  and  authority,  or  for  or  by  reason  of, 
or  growing  out  of  or  resulting  from  the  passage  of  this  ordinance,  or 
any  matter  or  thing  connected  therewith  or  with  the  exercise  by  said 
Union  Stock  Yard  and  Transit  Company  of  the  privileges  hereby 
granted. 

If  5.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  due  publication. 


736 


RAILROADS. 


[§  375 


§ 375.  Union  Stock  Yard  & Transit  company. 

IT  1.  Grant — extension — route.; 

IT  2.  Motive  power — subject  to  ordinances. 

IT  3*  Crossings — viaducts. 

IF  4.  Indemnity  clause. 

5.  When  in  force. 

An  ordinance  concerning  the  Union  Stock  Yard  & Transit  company.  (Passed 

May  26,  1877.) 

If  1.  Grant — extension — route.]  Be  it  ordained  by  the  trus- 
tees of  the  town  of  Cicero:  § 1.  That  permission  and  authority  be 

and  are  hereby  granted  to  the  Union  Stock  Yard  and  Transit  Com- 
pany, to  extend  its  railroad  tracks  along  the  east  side  of,  and  adjoining 
the  Columbus,  Chicago  and  Indiana  Central  Railway  from  or  near  the 
point  of  crossing  of  Western  and  Egan  avenues,  northward  to  the 
south  bank  of  the  Illinois  and  Michigan  Canal,  and  may  construct, 
maintain  and  operate  such  railroad,  with  single  or  double  tracks,  and 
with  all  necessary  switches,  turn-outs  and  connections  along  the  line 
thereof,  as  may  be  convenient  or  necessary  for  the  transaction  of  the 
business  to  be  done  thereon. 

If  2.  Motive  power — subject  to  ordinances.]  § 2.  The  said 
Union  Stock  Yard  and  Transit  Company  is  hereby  authorized  to  run 
and  permit  to  be  run  cars  and  engines  over  and  along  said  tracks  here- 
by authorized  to  be  constructed  with  steam  or  such  other  motive  pow- 
er as  said  company  may  deem  best,  subject,  however,  to  all  laws  and 
ordinances  of  said  town  of  Cicero,  relating  to  railroad  companies  now 
in  force  or  which  may  hereafter  be  passed. 

If  3.  Crossings — viaducts.]  § 3.  Proper  crossings,  bridges 

or  viaducts  shall  be  made  and  maintained  by  said  Union  Stock  Yard 
and  Transit  Company  where  such  track  or  tracks  cross  any  street  or 
alley  between  the  points  aforesaid  as  may  be  ordered  by  the  trustees 
of  said  town  of  Cicero,  and  said  company  is  hereby  authorized  to  cross, 
occupy  and  use  any  street  or  alley  necessary  or  convenient  for  the 
construction,  maintenance  and  use  of  said  tracks. 

if  4.  Indemnity  clause.]  § 4.  The  permission  and  authority 
hereby  granted  are  upon  the  further  express  condition  that  the  said 
Union  Stock  Yark  and  Transit  Company  shall  and  will  forever  indem- 
nify and  save  harmless  the  town  of  Cicero  against  and  from  any  and 
all  damages,  judgments,  decrees,  costs  and  expenses,  which  it  may 
suffer  or  which  may  be  recovered  or  obtained  against  the  town  by  rea- 
son of  the  granting  of  such  privileges  and  authority,  or  for  or  by  rea- 
son of,  or  growing  out  of,  or  resulting  from  the  passage  of  this  ordi- 
nance or  any  matter  or  thing  connected  therewith  or  with  the  exercise 
by  said  Stock  Yard  Company  of  the  privileges  hereby  granted. 

^f  5.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


§ 376]  UNION  STOCK  YARD  & TRANSIT  COMPANY.  737 

§ 376.  Union  Stock  Yard  & Transit  company. 

1.  Grant — route — indemnity — viaducts. 

•i[  2.  Subject  to  ordinances. 

3.  Foneiture. 

4.  When  in  torce — acceptance. 

An  ordinance  granting  permission  to  the  Union  Stock  Yard  & Trauma  company 

to  lay  tracks  in  the  town  of  Lake.  (Passed  May  6,  1881.  Accepted  May 

6,  1881.) 

If  1.  Grant— route— indemnity— viaducts.]  Be  it  ordained  by 
the  board  of  trustees  of  the  town  of  Lake:  § i.  That  permission 

and  authority  be  and  the  same  is  hereby  granted  to  the  Union  Stock 
Yards  and  Transit  Company  of  Chicago  to  lay  down,  maintain  and 
operate  a railroad  with  tracks,  as  hereinafter  provided,  and  such 
switches,  sidings  and  turn-outs  as  may  be  necessary  along  and  upon 
the  following  route  in  the  town  of  Lake,  to  wit:  Commencing  at  the 

lands  of  the  Union  Stock  Yards  and  Transit  Company  in  the  east  half 
of  section  five  (5),  town  38,  north  range  14,  east  of  the  third  principal 
meridian,  and  running  thence  southwardly  over  such  lots,  lands  and 
property  as  the  said  company  now  owns,  or  hereafter  may  acquire  by 
lease,  purchase,  condemnation  or  otherwise,  to  the  right  of  way  of  the 
Grank  Trunk  Junction  Railway  Company,  between  Forty-ninth  and 
Fifty-first  streets;  thence  eastwardly  along  the  north  side  of  the  said 
right  of  way  of  the  said  Grand  Trunk  Junction  Railway  Company,  and 
parallel  with  the  same  to  a connection  with  the  track  or  tracks  of  the 
Chicago  and  Western  Indiana  Railroad  which  are  now  laid,  or  which 
may  be  hereafter  laid  on  Wallace  street,  in  said  town  of  Lake,  and  for 
that  purpose  to  cross  all  intervening  streets  with  its  said  tracks  or 
track.  The  provisions  and  authority  hereby  granted  are  upon  the  fol- 
lowing express  conditions: 

1st.  That  the  said  railway  company,  and  its  grantees,  lessees 
and  assigns,  shall  and  will  forever  indemnify  and  save  harmless  the 
town  of  Lake  against  and  from  any  and  all  damages,  judgments,  de- 
crees, costs  and  expenses  of  the  same  which  it  may  suffer,  or  which 
may  be  recovered  or  obtained  against  said  town,  for  or  by  reason  of 
the  granting  of  such  privileges  and  authority,  or  for  or  by  reason 
of,  or  growing  out  of,  or  resulting  from  the  passage  of  this  ordinance, 
or  any  matter  or  thing  connected  therewith,  or  with  the  exercise  by  said 
company,  its  grantees,  lessees  or  assigns  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  grantees,  lessees 
or  assigns,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

2nd.  That  the  said  company  shall  construct  and  forever  main- 
tain a viaduct  or  viaducts  with  suitable  approaches  over  any  of 
its  said  tracks  at  Halsted  street  and  Winter  street,  in  case  the  public 
necessities  shall  hereafter  at  any  time  require  the  construction  of  such 
viaduct  or  viaducts  and  approaches  thereto;  such  viaducts  and  ap- 
proaches to  be  constructed  according  to  a plan  to  be  approved  by  the 
board  of  trustees  of  said  town,  and  to  be  constructed  within  six  months 
47 


738 


RAILROADS. 


[§  377 


from  service  on  the  company  of  a written  notice  from  said  board  that 
the  same  is  required:  Provided,  that  any  corporation  constructing 

and  owning  a railroad,  crossing  said  Halsted  street  and  Winter  street 
adjacent  to  the  tracks  of  said  railway  company,  shall  be  bound  by  or- 
dinance of  the  town  to  contribute,  in  the  construction  of  said  viaducts 
and  approaches,  a sum  equal  to  the  cost  of  constructing  the  same  over 
the  tracks  of  such  corporation. 

If  2.  Subject  to  ordinances.]  § 2.  The  privileges  and  au- 
thority hereby  granted  to  said  company  are  granted  upon  the  express 
conditions  that  said  company,  its  successors  and  assigns,  will  promptly 
fulfill  all  obligations  and  duties  that  are  now,  or  may  hereafter  be, 
imposed  by  ordinances  of  this  board  upon  railway  companies  gener- 
ally in  the  town  of  Lake,  in  respect  to  ditches,  drains,  culverts  and  the 
suitable  and  proper  maintenance  of  street  and  railway  crossings  of  the 
tracks  of  said  company,  and  in  respect  to  all  police  and  sanitary  reg- 
ulations. 

T 3.  Forfeiture.]  § 3.  A failure  of  the  said  company,  its  suc- 
cessors or  assigns,  to  comply  with  and  fulfill  the  obligations  and  duties 
imposed  upon  it  by  this  ordinance  shall  be  cause  of  forfeiture  of  all 
rights  and  privileges  hereby  granted. 

T 4.  When  in  force — acceptance.]  § 4.  This  ordinance  shall 
take  effect  and  be  in  force,  from  and  after  its  passage  and  acceptance 
by  the  said  company. 

§ 377.  Union  Stock  Yard  & Transit  company. 

Tj  1.  Grant — route — crossings — acceptance. 

An  ordinance  authorizing  the  Union  Stock  Yard  & Transit  company  to  lay  down, 
^ maintain  and  operate  a double  track  railroad  in  the  town  of  Lake.  (Passed 

July  30,  1884.  Accepted  August  6,  1884.) 

T 1.  Grant— route— crossings— acceptance.]  Be  it  ordained 

by  the  board  of  trustees  of  the  town  of  Lake:  § 1.  That  permission 

be  and  the  same  is  hereby  granted  to  the  Union  Stock  Yard  and  Tran- 
sit Company  of  Chicago  to  lay  down,  maintain  and  operate  a double 
track  railroad  with  necessary  turn-outs  and  switches  upon  and  diagon- 
ally across  the  alley  in  block  two  of  the  subdivision  of  the  north  sev- 
enty-four rods  of  the  northeast  quarter  of  section  four,  town  38  north, 
range  14  east,  lying  east  of  the  Chicago,  Rock  Island  and  Pacific  Rail- 
road in  the  town  of  Lake  in  the  county  of  Cook  and  state  of  Illinois, 
not  exceeding  fifty  feet  north  of  the  south  line  of  said  block  two. 

Also  over,  upon  and  diagonally  across  Butterfield  street,  between 
block  number  2 and  block  number  3 in  said  subdivision,  not  exceed- 
ing one  hundred  and  seventy-five  feet  north  of  the  south  line  of  said 
blocks,  provided,  the  said  company  shall  at  all  times  keep  the  street 
crossings  along  their  right  of  way  in  the  town  of  Lake  in  good  repair. 

This  ordinance  to  go  into  effect  from  and  after  its  passage,  pro- 
viding said  company  files  a written  acceptance  of  the  same  with  the 
town  clerk  of  the  town  of  Lake. 


§37«J 


WABASH  RAILROAD  COMPANY. 


739 


WABASH  RAILROAD  COMPANY 

§ 378.  Wabash  Railroad  company. 

If  1.  Authority  to  lay  switch  tracks. 

2.  Repair  of  street  crossings — supervision. 

Tf  3.  Bond. 

An  ordinance  to  authorize  the  Wabash  Railroad  company  to  construct  and  main- 
tain two  additional  switches  or  side  tracks  from  a connection  with  the 
Wabash  yard  across  Forty-seventh  street,  and  to  change  location  of  present 
switch  crossing  Forty-seventh  street.  (Passed  July  18,  1892.) 

% 1.  Authority  to  lay  switch  tracks.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago,  as  follows:  § 1.  The  Wabash 

Railroad  Company  is  hereby  authorized  and  empowered  to  lay  and 
maintain  two  additional  switches  or  side  tracks  from  its  main  yards, 
beginning  at  a point  north  of  Forty-seventh  street  and  extending 
thence  southward  across  Forty-seventh  street  to  a. connection  with  its 
side  tracks  situated  on  the  south  side  of  Forty-seventh  street,  and  to 
change  the  location  of  its  west  track,  as  now  located,  by  shifting  the 
same,  in  whole  or  in  part,  a distance  not  exceeding  twenty-five  (25) 
feet  to  the  west. 

T 2.  Repair  of  street  crossing— supervision.]  § 2.  Said 

tracks,  where  they  cross  Forty-seventh  street,  shall  be  laid  under  the 
supervision  of  the  proper  city  officer,  and  at  such  crossing  the  street 
shall  be  kept  in  repair  by  said  Wabash  Railroad  Company.  Should 
said  company  at  any  time  fail  to  keep  said  crossing  in  repair,  the  street 
commissioner  shall,  after  ten  days  notice  in  writing  to  said  company, 
repair  said  crossing  at  the  expense  of  said  company. 

1 3.  Bond.]  § 3.  The  Wabash  Railroad  Company,  before 
availing  itself  of  the  privileges  granted  by  this  ordinance,  shall  file  its 
bond  with  the  comptroller  of  the  city  of  Chicago  in  the  sum  of  ten 
thousand  dollars,  with  two  or  more  securities,  owners  of  unencumbered 
real  estate,  situated  in  the  city  of  Chicago,  to  be  approved  by  the 
mayor  and  council,  conditioned  that  said  company  will  save  the  city  of 
Chicago  harmless  from  any  and  all  damages  that  may  arise  from  the 
construction  and  operation  of  said  switch  and  side  tracks. 


CHAPTER  XI.— RAILROADS— TRACK  ELEVATION. 

§ 379.  Chicago  & Northwestern  Railway  company  (Galena  division). 

§ 380.  Chicago  & Northwestern  Railway  company  (Wisconsin  and  Milwau- 
kee lines). 

§ 381.  Illinois  Central  Railroad  company. 

§ 382.  Lake  Shore  & Michigan  Southern  and  Chicago,  Rock  Island  & Pacific 
Railway  companies.  (Authority  to  elevate  limits.) 

§ 383.  Lake  Shore  & Michigan  Southern  and  Chicago,  Rock  Island  & Pacific 
Railway  companies.  (Vacating  parts  of  certain  streets.) 

§ 384.  Lake  Shore  & Michigan  Southern  and  Chicago,  Rock  Island  & Pacific 
Railway  companies.  (Amendment.) 

§ 385.  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  company,  Chi- 
cago & Northwestern  Railway  company,  and  Chicago  & Northern 
Pacific  Railroad  company  (Chicago  Terminal  Transfer). 

§ 386.  Pittsburg,  Fort  Wayne  & Chicago  Railway  company. 

§ 387.  Pittsburg,  Fort  Wayne  & Chicago  Railway  company. 

§ 387*.  Pittsburg,  Fort  Wayne  & Chicago  Railway  company.  (Amend- 
ment.) 

§ 388.  Union  Stock  Yard  & Transit  company. 

§ 389.  Lake  Shore  & Michigan  Southern  and  Chicago,  Rock  Island  & Pacific 
Railway  companies.  (Ordinance  amending  ordinance.) 


RAILROADS— TRACK  ELEVATION. 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


§ 379- 


Chicago  & Northwestern  Railway  company. 

1.  Rockwell  street  yards  (east  of  Sacramento  avenue)  to  Fortieth 

street. 

2.  Embankment — retaining  wall. 

3.  Streets  crossed — bridges — substructures. 

4.  Subways — change  of  grade  of  streets. 

5.  Subways,  company  to  light — paving. 

6.  Drainage  of  subways. 

7.  Deflection  of  water  pipes,  sewers,  etc. 

8.  Location  of  abutments. 

9.  Sidewalks,  etc.,  in  subways — cost  of  construction — damages. 

10.  Temporary  obstruction  of  streets. 

11.  Notification  prior  to  commencement  of  work. 

12.  Commencement  and  completion  of  work. 

13.  Company  not  liable  for  services  of  city  officers. 

14.  Trespassing  on  elevated  tracks — penalty. 

15.  Speed — gates  and  flagmen. 

16.  When  in  force — agreement — dedication  of  street. 

17.  Repeal  of  all  ordinances  for  opening  streets,  except. 


An  ordinance  requiring  the  Chicago  & Northwestern  Railway  company  to  elevate 
the  plane  of  certain  of  its  railway  tracks  (Galena  division)  in  the  city  of  Chi- 
cago. (Passed  February  18,  1895.  Agreement  filed  March  20,  1895.) 

740 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


741 


Tf  1.  Rockwell  street  yards  (east  of  Sacramento  avenue)  to 

W.  Fortieth  Street.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § i.  The  Chicago  and  Northwestern  Railway  Company 

is  hereby  ordered  and  required  to  elevate  the  plane  of  its  roadbed  and 
tracks,  within  the  limits,  and  in  the  form  and  manner,  and  upon  the 
terms  and  conditions  hereinafter  set  forth,  that  is  to  say:  Beginning 

at  any  point  within  the  so-called  Rockwell  street  yards  of  said  com- 
pany, east  of  Sacramento  avenue,  and  rising  therefrom  on  any  gradi- 
ent and  within  any  length  or  distance  by  said  company  deemed  best 
for  the  proper  maintenance  and  operation  of  its  railroad,  said  road- 
bed and  tracks  shall  attain  an  elevation  of  not  less  than  32.43  feet 
above ’city  datum,  at  the  head  of  said  grade,  at  or  within  100  feet  east: 
of  the  east  line  of  Kedzie  avenue;  thence  said  elevated  roadbed  and 
tracks  shall  continue,  with  such  gradients  and  on  such  alignment  with- 
in its  right  of  way,  as  said  company  may  adopt,  to  a point  about  800 
feet  west  of  Hamlin  avenue,  attaining  elevations  above  city  datum, 
of  not  less  than  33.00  feet  at  Homan  avenue,  33.42  feet  at  Saint  Louis 
avenue,  33.81  at  Central  Park  boulevard,  and  of  33.58  at  Hamlin  ave- 
nue; thence  said  elevated  roadbed  and  tracks  shall  further  continue, 
as  aforesaid,  and  shall  descend  to  the  present  surface,  on  any  grandient 
and  alignment,  and  within  any  length  or  distance  said  company  may 
adopt,  and  attaining  an  elevation,  on  said  descending  grade,  of  not 
less  than  33.00  feet  above  city  datum,  at  the  west  line  of  West  Fortieth 
street. 

IF  2.  Embankment — retaining  walls.]  § 2.  The  embankment 
or  embankments,  on  which  said  elevated  roadbed  shall  be  constructed 
within  the  aforesaid  limits,  shall  be  composed  of  sand,  clay,  gravel, 
loam,  broken  stone,  or  whatever  else  may  compose  the  surplus  ma- 
terial excavated  from  the  subways,  and  from  the  foundation  pits  and 
trenches  along  the  line  of  said  work;  the  side  slopes  and  lateral  dimen- 
sions of  said  embankments  will  be  fixed  and  determined  by  the  natural 
angle  of  repose  of  the  materials  of  which  said  embankments  may  be 
constructed,  but,  whenever  it  may  become  necessary,  for  the  purpose 
of  keeping  said  embankments  entirely  within  the  lines  of  the  right  of 
way  of  said  company,  such  portions  of  said  embankments,  at  all  such 
points,  shall  be  kept  within  said  right  of  way  lines  by,  or  they  shall  be 
confined  between,  retaining  walls  of  stone  or  brick  masonry;  Pro- 
vided, however,  that  whenever  said  retaining  walls  are  of  insufficient 
height  to  properly  protect  said  right  of  way,  and  to  prevent  trespassing 
thereon,  then  said  retaining  walls,  as  aforesaid,  shall  be  surmounted 
with  a metallic  picket  fence  or  railing;  but  wherever  said  retaining 
walls  are  not  used  at  all,  the  right  of  way  of  said  company  shall  be 
fenced  in,  or  otherwise  properly  enclosed,  in  compliance  with  the 
present  ordinances  of  the  city  of  Chicago  relating  to  the  fencing  of  rail- 
road tracks. 

1 3.  Streets  crossed— bridges— substructures.]  § 3-  The 


742 


RAILROADS. 


[§  379 


tracks  of  said  company  which  will  be  supported  and  carried  on  said 
embankment  or  embankments,  so  to  be  constructed  as  aforesaid,  shall 
cross  the  following  streets  and  avenues,  namely:  Kedzie  avenue,  Cen- 
tral Park  boulevard,  Hamlin  avenue  and  West  Fortieth  street;  and 
also  Homan  avenue  and  St.  Louis  avenue,  when  said  two  avenues  are 
dedicated  and  opened,  on  bridges  of  one  or  three  spans,  whose  super- 
structures shall  consist  of  iron  or  steel  main  girders,  and  with  iron  or 
steel  corrugated  floor  systems,  or  with  ordinary  floor  beams  and  track 
stringers.  In  the  event  of  the  latter  system  being  used,  then  some 
suitable  device  shall  be  provided  to  prevent  dirt  and  storm  water  from 
falling  on  the  sidewalks  and  roadways  beneath.  The  substructures  of 
all  of  said  bridges  shall  consist  of  abutments,  of  stone  or  brick  ma- 
sonry, with  or  without  intermediate  supporting  systems,  consisting  of 
rows  of  iron  or  steel  columns,  braced  together  laterally,  and  erected  on 
and  anchored  to  masonry  foundations,  constructed  in  the  curb  lines 
of  the  intersecting  streets  and  avenues  within  the  subways,  and  parallel 
with  and  equidistant  from  the  faces  of  the  abutments  as  aforesaid.  All 
of  said  abutments  shall  be  located  and  constructed  entirely  within  the 
right  of  way  lines  of  said  company,  and,  whenever  said  abutments,  or 
any  of  them,  shall  be  located  on  the  lot  lines  of  any  of  said  streets  and 
avenues,  the  facial  alignment  of  said  abutments  shall  be  uniform  with 
said  lot  lines  as  aforesaid. 

1 4.  Subways— change  of  grade  of  streets.!  § 4.  At  the 

points  where  said  company’s  right  of  way  is  intersected  and  crossed 
by  the  above  named  streets  and  avenues,  subways  therein  shall  be  con- 
structed, passing  through  said  embankments  and  beneath  said  tracks, 
so  to  be  elevated  as  aforesaid,  as  follows,  viz.:  In  Kedzie,  Homan 

and  Saint  Louis  avenues,  in  Central  Park  boulevard,  in  Hamlin  avenue 
and  in  West  Fortieth  street,  all  of  which  said  subways  shall  generally 
conform  to  the  descriptions  and  dimensions  contained  in  a schedule 
hereunto  annexed,  and  made  part  of  this  ordinance,  entitled  “Schedule 
of  Subways.” 

The  grade  of  the  several  streets  and  avenues  upon  which  sub- 
ways shall  be  constructed  as  aforesaid,  shall  be  and  the  same  is  hereby 
changed  so  as  to  be  as  in  said  “Schedule  of  Subways”  and  this  ordi- 
nance set  forth. 

Tf  5.  Company  to  light  subways— paving.]  § 5.  Said  sub- 
ways, and  the  approaches  thereto,  so  to  be  constructed  by  said  com- 
pany in  said  streets  and  avenues  aforesaid,  shall  be  at  each  subway 
lighted  by  electric  lights,  erected  under  the  supervision  of  the  com- 
missioner of  public  works.  The  cost  of  such  electric  lighting  to  be 
borne  and  always  maintained  by  said  company,  and  such  subways  shall 
all  conform  to  the  following  structural  requirements,  viz.:  The  road- 

ways throughout  shall  be  paved  with  a single  course  of  vitrified  paving 
brick  of  standard  quality,  laid  at  a right  angle  with  the  curb  lines,  and 
set  on  a solid  foundation  of  hydraulic  cement  concrete,  not  less  than 


§ 379]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY.  743 

nine  inches  thick  or  deep  when  solidly  tamped  in  place,  and  otherwise 
finished  and  properly  crowned  ready  for  the  brick  wearing  surface, 
between  which  and  the  concrete  there  shall  be  interposed  a layer  of 
screened  sand,  not  less  than  half  an  inch  thick.  The  curbs  shall  be  of 
granite,  or  of  sound,  hard  limestone,  of  standard  dimensions  and  finish ; 
and  the  sidewalks  throughout  shall  be  finished  and  paved  with  Port- 
land cement  concrete,  of  standard  quality  and  workmanship,  and,  with 
the  curbing  and  roadway  paving,  shall  be  made,  finished  and  put  in 
permanent  place,  in  accordance  with  the  requirements  of  the  depart- 
ment of  public  works  of  the  city  of  Chicago. 

If  6.  Drainage  of  subways.]  § 6.  The  drainage  of  all  of  said 
subways  shall  be  provided  for  by  receiving  basins,  constructed  in  the 
lowest  points  therein;  and  said  receiving  basins  shall  be  connected 
with,  and  shall  thereby  discharge  their  contents  into  the  nearest  sewer. 

IT  7.  Deflection  of  water  pipes,  sewers,  etc,]  § 7.  Wher- 
ever, during  the  construction  of  said  subways,  it  shall  become  necessary 
to  change  the  location  of  water  pipes,  brick  or  pipe  sewers,  and  elec- 
trical conduits  owned  by  the  city  of  Chicago,  all  such  shall  be  deflected 
laterally  from  the  position  in  which  they  may  be  found,  and  be  carried 
around  said  subways,  and  beneath  the  embankments  in  the  rear  of  the 
abutments,  or,  they  may  be  carried  through  the  subways,  beneath  the 
sidewalks,  wherever  the  latter  are  sufficiently  elevated  above  the  road- 
ways, as  may  be  determined  by  the  commissioner  of  public  works;  but, 
the  gradients  of  the  sewers  shall  not  be  reduced  in  any  event.  All  wa- 
ter pipes  and  pipe  sewers  shall  be  placed  in  brick  conduits,  especially 
designed  and  constructed  for  their  reception  and  protection,  and  all 
brick  sewers  shall  be  treated  independently,  and  shall  be  protected  and 
strengthened  with  an  additional  ring  of  brickwork  where  they  pass 
through  and  beneath  the  embankments  as  aforesaid.  Electrical  con- 
duits may  be  treated  independently,  or,  they  may  be  placed  in  the  con- 
duits carrying  the  water  pipes,  or  pipe  sewers,  as  the  commissioner  of 
public  works  may  determine ; all  of  which  said  work  shall  be  done  by 
said  company  and  at  its  sole  expense. 

Tf  8.  Location  of  abutments.]  § 8.  Nothing  in  this  ordi- 
nance named  and  contained  shall  be  so  construed  as  to  prevent  said 
company  from  locating  and  constructing  the  abutments  which  form 
the  parallel  walls  of  the  said  subways,  at  any  distance  back  from  the 
lot  lines  of  said  streets  and  avenues,  so  as  to  enable  said  company  to 
construct,  maintain  and  use  therein,  station  or  other  buildings,  front- 
ing on  said  streets  and  avenues,  uniform  with  the  said  lot  lines  thereof, 
and  entirely  within  the  right  of  way  lines  of  said  company,  for  the  ac- 
commodation and  convenience  of  its  traffic,  or  for  any  other  purposes 
in  connection  with  the  efficient  maintenance  and  operation  of  said 
company’s  railroad. 

T 9.  Sidewalks,  etc.,  in  subways — cost  of  construction— dam- 


744 


RAILROADS. 


ages.]  § 9.  The  location  of  the  sidewalks  in  the  subways  whose 
construction  is  herein  authorized  and  required,  the  various  devices  for 
the  drainage  of  said  subways,  and  for  the  proper  handling  and  pro- 
tection of  water  pipes,  sewers  and  electrical  systems  of  the  city,  ex- 
cept as  in  this  ordinance  otherwise  defined,  shall  all  be  determined  by 
the  commissioner  of  public  works;  and  all  the  work  upon  or  in  con- 
nection with  any  of  the  matters  or  things  in  this  section  specified,  shall 
be  done  and  performed  subject  to  the  inspection  and  approval,  and  to 
the  entire  satisfaction  of  said  commissioner  of  public  works  aforesaid. 

All  of  the  work  of  construction  hereinbefore  in  this  ordinance 
provided  for  shall  be  done  at  the  expense  of  said  railway  company; 
not,  however,  including  damages  to  adjacent  property  or  business 
caused  by  change  of  grade  of  streets,  avenues,  alleys  or  the  railway, 
or  by  the  performance  by  the  railway  company  of  the  matters  and 
things  in  this  ordinance  required  of  the  railway,  it  being  intended 
and  understood  that  such  damages,  if  any,  are  to  be  adjusted  and  paid 
by  the  city  of  Chicago;  and  all  of  the  work  in  this  section  provided 
for  shall  be  done  under  the  superintendence  of  the  department  of  pub- 
lic works  of  said  city. 

1"  10.  Temporary  obstruction  of  streets.]  § 10.  Permission 
and  authority  are  hereby  given  said  company,  whenever  the  same  shall 
become  necessary  in  the  prosecution  of  the  work  of  raising  its  road- 
bed and  tracks,  as  said  company  is  herein  authorized  and  required  to 
do,  to  temporarily  obstruct  any  street  or  avenue,  to  such  extent  and 
for  such  length  of  time,  as  may  be  approved  by  the  commissioner  of 
public  works;  and  the  said  company  is  hereby  authorized,  whenever 
the  same  shall  become  necessary  as  aforesaid,  to  erect  and  maintain 
temporary  structures  and  false  works,  in  any  of  said  streets  and  ave- 
nues, during  the  construction  of  their  said  elevated  structure  or  struc- 
tures, subject,  however,  to  the  approval  of  the  commissioner  of  pub- 
lic works  as  aforesaid. 

If  11.  Notification  prior  to  commencement  of  work,]  § 11. 

Said  company  shall — at  least  ten  (10)  days  prior  to  the  commencement 
of  any  part  or  parts  of  its  said  work,  which  is  designed  to  be  within 
the  limits  of  or  abutting  on  any  street  and  avenue — submit  to  the  com- 
missioner of  public  works  for  his  approval,  complete  plans  and  speci- 
fications of  said  part  or  parts  of  said  proposed  work,  for  the  purpose 
of  ascertaining  whether  the  same  are  in  strict  compliance  with  the 
provisions  of  this  ordinance;  and,  after  the  approval  of  all  such  plans 
and  specifications  by  the  commissioner  of  public  works,  all  of  said  work 
shall  be  constructed  in  strict  accordance  therewith,  and  to  the  entire 
satisfaction  of  said  commissioner  of  public  works,  and  not  otherwise, 
except  as  herein  otherwise  provided. 

T 12.  Commencement  and  completion  of  work.]  § 12. 

Said  railway  company  is  hereby  required  to  commence  the  work  of  ele- 
vating its  said  tracks  as  hereinbefore  specified,  on  or  before  the  first 


§ 379]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


745 


day  of  May,  1895,  and  to  prosecute  said  work  continuously  and  with- 
out interruption  thereafter  and  to  complete  the  same  within  two  years 
from  the  date  of  the  commencement  thereof  as  aforesaid,  unless  pre- 
vented by  strikes  or  restrained  by  injunction  or  other  order  or  process 
of  a court  of  competent  jurisdiction.  The  time  during  which  said  rail- 
way company  shall  be  prevented  by  strike  or  legal  proceedings  as 
aforesaid,  shall  be  added  to  the  time  hereby  limited  for  the  completion 
of  such  work;  provided  said  railway  company  give  notice  to  the  cor- 
poration counsel  of  the  city  of  Chicago  of  the  institution  of  such  legal 
proceedings.  The  city  of  Chicago  shall  thereupon  have  the  rig*ht  to 
intervene  in  any  suit  or  proceeding  brought  by  any  person  or  persons 
seeking  to  enjoin,  restrain  or  in  any  manner  interfere  with  the  pros- 
ecution of  said  work,  and  move  for  the  dissolution  of  such  injunction 
or  restraining  order,  and  for  any  other  proper  order  in  such  suit. 

1 13.  Company  not  liable  for  services  of  city’s  officers.] 
§ 13.  Nothing  in  this  ordinance  contained  shall  be  construed  as  im- 
posing any  liability  on  said  railway  company  to  the  city  of  Chicago 
for  the  services  to  be  performed  by  any  officer  or  employe  of  said  city 
in  superintending  the  work  of  construction  required  by  this  ordinance. 

T 14.  Trespassing  on  elevated  tracks— penalty . ] § 14- 

When  and  in  case  said  railway  shall  be  elevated  in  accordance  with 
the  provisions  of  this  ordinance,  or  when  and  in  case  sections  of  said 
elevated  railway,  as  herein  provided,  shall  be  completed,  it  shall  be 
unlawful  for  any  person  or  persons  save  employes  of  said  company  in 
discharge  of  duties  to  said  company,  to  enter  upon,  be  or  walk  along 
or  across  said  elevated  structures  or  roadway  at  any  point,  and  any 
person  violating  this  ordinance  shall  be  liable  to  a fine  of  not  more 
than  one  hundred  dollars  ($100),  and  not  less  than  ten  dollars  ($10), 
for  each  and  every  such  offense. 

T 15.  Speed — gates  and  flagmen.]  § 15.  When  said  railway 
shall  be  elevated  in  accordance  with  the  provisions  of  this  ordinance, 
or  when  any  section  thereof  shall  be  so  elevated  and  ready  for  use, 
then  and  thereupon  all  provisions  of  the  ordinances  of  the  city  relating 
to  speed  of  railway  trains  in  said  city,  the  giving  of  signals  upon  such 
trains  and  the  maintenance  of  gates,  flagmen,  watchmen,  signals  and 
signal  towers,  shall  cease  to  be  applicable  to  such  railway  company 
so  far  as  the  lines  of  said  road  shall  be  elevated  as  herein  required. 

1 16.  When  in  force— agreement— dedication  of  street.] 

§ 16.  This  ordinance  shall  take  effect  from  and  after  its  passage, 
approval  and  publication ; Provided,  however,  that  this  ordinance  shall 
be  null  and  void,  unless  said  Chicago  and  Northwestern  Railway  Com- 
pany shall,  through  its  authorized  officers,  file  with  the  mayor  of  the 
city  of  Chicago  within  sixty  (60)  days  from  the  passage  of  this  ordi- 
nance an  agreement,  duly  executed,  whereby  said  railway  company 
shall  undertake  to  do  and  perform  all  the  matters  and  things  required 


746  RAILROADS.  [§  3^9 

of  it  by  this  ordinance,  and  whereby  also  said  Chicago  and  Northwest- 
ern Railway  Company  shall  undertake  to  give  and  dedicate  to  the 
public,  on  or  before  the  completion  of  the  subways  required  herein  for 
Homan  and  Saint  Louis  avenues,  the  right  to  extend  and  open  across 
its  land,  right  of  way  and  yard,  and  for  highway  purposes,  the  said 
streets  in  the  city  of  Chicago  known  as  Homan  and  St.  Louis  avenues, 
as  follows,  viz.:  Homan  avenue  across  that  part  of  its  right  of  way 

and  yard  lying  between  the  east  line  of  said  Homan  avenue  as  exist- 
ing on  the  south  side  of  said  railway  and  prolonged  in  a straight  line 
across  said  right  of  way  and  yard  and  a line  sixty-six  (66)  feet  to  the 
west  of  and  parallel  with  said  first  line,  and  St.  Louis  avenue  across 
that  part  of  its  right  of  way  and  yard  lying  between  the  east  and  west 
lines  thereof  as  existing  on  the  south  side  of  said  railway,  and  being 
fifty  (50)  feet  apart,  prolonged  as  straight  lines  across  said  right  of 
way  and  yard,  which  such  agreement  by  said  railway  company  shall 
be  made  as  a return  for  any  liabilities  which  may  be  incurred  by  the 
city  of  Chicago,  or  recoverable  against  it  for  any  damages  to  adjacent 
property  or  business  in  consequence  of  change  of  grade  of 
streets,  avenues,  alleys  or  the  railway,  or  of  the  performance  by 
the  railway  company  of  the  matters  and  things  in  this  ordi- 
nance required  of  the  railway,  and  Which  agreement  shall  be  held 
to  relieve  and  protect  said  company  from  all  liability  to  said  city  or 
others  for  such  damages  to  adjacent  property  or  business  in  conse- 
quence of  change  of  grade  of  streets,  avenues,  alleys  or  the  railway, 
or  of  the  performance  by  the  railway  company  of  the  matters  and 
things  in  this  ordinance  required  of  it;  save  that  for  any  damages  oc- 
casioned by  the  negligent  manner  of  doing  said  work  by  said  com- 
pany it  shall  be  liable.  After  the  filing  of  said  agreement,  as  aforesaid, 
this  ordinance  shall  not  be  materially  modified  or  amended  without 
the  consent  of  said  railway  company;  but  nothing  in  this  ordinance 
contained  shall  be  deemed  a waiver  or  surrender  of  the  police  power 
of  the  city,  or  to  deprive  the  city  of  the  right  to  properly  exercise  such 
power. 

1 17.  Repeal  of  all  ordinances  for  opening  streets,  except.] 

§ 17.  All  ordinances  heretofore  passed  for  opening  streets  across  any 
portion  of  the  right  of  way  or  yards  of  the  Chicago  and  Northwestern 
Railway  Company  whereon  the  tracks  are  required  to  be  elevated,  as 
in  this  ordinance  provided,  are  hereby  repealed,  except  in  those  cases 
where  the  street  ordered  opened  has  already,  in  fact,  been  opened  and 
become  a lawful  and  existing  highway. 

SCHEDULES  OF  SUBWAYS. 

Note— The  depressions  of  all  streets  and  avenues  are  referred  to.  and 
measured  from,  the  legally  established  grades  at  the  heads  of  the  approaches 
to  the  subways,  or,  from  levels  or  elevations  determined  therefrom  and  based 
thereon. 


Chicago  & Northwestern  railway  company. 


747 


§ 379] 


GENERAL  DETAILS  OF  SUBWAYS. 


SUBWAY  IN  KEDZIE  AVENUE. 

1.  Elevation  of  floor  of  subway  shall  not  be  less  than  17.93  feet  above  city 
datum,  and  it  shall  extend  not  less  than  10  feet  beyond  the  north  portal,  and 
to  the  south  line  of  the  20-feet  alleyway  at  the  south  portal. 

2.  Width  of  subway  between  walls  shall  not  be  less  than  66  feet. 

3.  Width  of  roadway  between  curbs  shall  not  be  less  than  38  feet. 

4.  Width  of  sidewalks  shall  not  be  less  than  14  feet  each. 

5.  Depression  of  street  at  north  and  south  ends  shall  not  exceed  3.60  feet 
each. 

6.  Length  of  north  and  south  approaches  shall  not  exceed  120  feet  each. 

7.  Gradients  of  same  shall  not  exceed  3.5  per  cent  each. 

8.  Length  of  approach  from  the  alleyway,  in  the  side,  shall  not  exceed 
125  feet. 

9.  Gradient  of  same  shall  not  exceed  4 per  cent. 

10.  The  sidewalk  on  the  east  side  shall  be  depressed  uniformly  with  the 
roadway,  and  it  shall  be  one  foot  above  the  same  at  the  curb  line  throughout, 
but  on  the  west  side,  while  maintaining  the  same  height  above  the  roadway, 
it  shall  only  be  uniformly  depressed'  therewith  between  the  head  of  the  south 
approach  and  the  alleyway.  From  the  north  line  of  the  alleyway  to  the  head 
of  the  north  approach,  the  grade  shall  be  uniform  irrespective  of  the  height 
above  the  roadway  at  intermediate  points,  the  elevation  of  1 foot  above  the 
roadway  being  maintained  at  the  head  of  the  approach,  and  at  the  north  line 
of  the  alleyway  only. 

11.  Minimum  clearance  over  roadway  13  feet,  6 inches. 

SUBWAY  IN  HOMAN  AVENUE. 

1.  Elevation  of  floor  of  subway  shall  not  be  less  than  19.00  feet  above 
city  datum,  and  its  length  shall  not  be  less  than  150  feet  to  the  north  and 
south  lines  of  the  parallel  alleyways. 

2.  Width  of  subway  between  walls  shall  not  be  less  than  66  feet. 

3.  Width  of  roadway  between  curbs  shall  not  be  less  than  38  feet. 

4.  Width  of  sidewaks  shall  not  be  less  than  14  feet  each. 

5.  Depression  of  street  at  north  and  south  ends  shall  not  exceed  3.5  feet 
each. 

6.  Length  of  north  and  south  approaches  shall  not  exceed  110  feet  each. 

7.  Gradients  of  same  shall  not  exceed  3.5  per  cent  each. 

8.  Length  of  approaches  from  the  east  and  west  in  the  parallel  alley- 
ways  shall  not  exceed  100  feet  each. 

9.  Gradients  of  same  shall  not  exceed  4 per  cent  each. 

10.  The  depression  of  the  sidewalks  shall  be  uniform  with  the  roadway, 
and  they  shall  be  1 foot  above  the  same  at  the  curb  lines  throughout. 

11.  Minimum  clearance  over  roadw’ay  13.6  feet. 

SUBWAY  IN  SAINT  LOUIS  AVENUE. 

1.  Elevation  of  floor  of  subway  shall  not  be  less  than  19.42  feet  above 
city  datum,  and  its  length  shall  not  be  less  than  150  feet  to  the  north  and 
south  lines  of  the  parallel  alleyways. 

2.  Width  of  subway  between  walls  shall  not  be  less  than  50  feet. 

3.  Width  of  roadway  between  curbs  shall  not  be  less  than  30  feet. 

4.  Width  of  sidewalks  shall  not  be  less  than  10  feet  each. 

5.  Depression  of  street  at  north  end  shall  not  exceed  3 feet. 

6.  Length  of  north  approach  shall  not  exceed  120  feet. 

7.  Gradient  of  same  shall  not  exceed  3.5  per  cent. 

8.  Depression  of  street  at  south  end  shall  not  exceed  2.25  feet. 


748 


RAILROADS, 


9.  Length  of  south  approach  shall  not  exceed  iOO  feet. 

10.  Gradient  of  same  shall  not  exceed  3 per  cent. 

11.  Length  of  approaches  from  the  east  and  the  west  in  the  parallel 
alleyways  shall  not  exceed  100  feet  each. 

12.  Gradients  of  same  shall  not  exceed  3,5  per  cent.  each. 

13.  The  depression  of  the  sidewalks  shall  be  uniform  with  the  roadway, 
and  they  shall  be  one  foot  above  the  same  at  the  curb  lines  throughout. 

14.  Minimum  clearance  over  roadway  13.6  feet. 

SUBWAY  IN  HAMLIN  AVENUE. 

1.  Elevation  of  floor  of  subway  shall  not  be  less  than  20.58  feet  above 
city  datum,  and  it  shall  extend  not  less  that  10  feet  beyond  the  portals  at  each 
end. 

2.  Width  of  subway  between  walls  shall  not  be  less  than  80  feet. 

3.  Width  of  roadway  between  curbs  shall  not  be  less  than  40  feet. 

4.  Width  of  sidewalks  shall  not  be  less  than  20  feet  each. 

5.  Depression  of  street  at  north  and  south  ends  shall  not  exceed  3.25  feet 
each. 

6.  Length  of  north  and  south  approaches  shall  not  exceed  110  feet  each. 

7.  Gradients  of  same  shall  not  exceed  3.5  per  cent.  each. 

8.  The  depression  of  the  sidewaks  shall  be  uniform  with  the  roadway,, 
and  they  shall  be  1 foot  above  the  same  at  the  curb  lines  throughout. 

9.  Minimum  clearance  over  roadway,  13.6  feet. 

SUBWAY  IN  WEST  40TH  STREET. 

1.  Elevation  of  floor  of  subway  shall  not  be  less  than  18.50  feet  above 
city  datum,  and  it  shall  extend  10  feet  beyond  the  north  portal,  and  at  least 
to  the  south  line  of  Kinzie  street  at  the  south  portal. 

2.  Width  of  subway  bteween  walls  shall  not  be  less  than  66  feet. 

3.  Width  of  roadway  between  curbs  shall  not  be  less  than  38  feet. 

4.  Width  of  sidewalks  shall  not  be  less  than  14  feet  each. 

5.  Depression  of  street  at  north  and  south  ends  in  West  40th  street,  and 
at  the  west  end  in  Kinzie  street,  shall  not  exceed  6.25  feet. 

6.  Length  of  north,  south  and  west  approaches  shall  not  exceed  200  feet 
each. 

7.  Gradients  of  same  shall  not  exceed  3.5  per  cent.  each. 

8.  Length  of  approach  from  the  east  in  the  alleyway  at  the  south  portal 
shall  not  exceed  175  feet. 

9.  Gradient  of  same  shall  not  exceed  4 per  cent. 

10.  The  depression  and  disposition  of  the  sidewalks  shall  be  as  follows: 

On  the  -west  side  of  the  south  approach,  and  on  the  south  side  of  the  west 

approach,  the  sidewalks  shall  be  1 foot  above  the  roadways  at  the  head  of 
the  approaches,  and  3.5  feet  above  the  same  at  the  intersection  of  Kinzie 
street  with  West  40tli  street,  at  which  latter  point  there  shall  be  a flight  of 
steps  descending  into  the  roadways,  each  step  in  which  shall  not  be  less  than: 
14  inches  tread,  nor  more  than  8.00  inches  rise;  and  the  length  of  the  lowest 
step,  measured  around  the  curve  at  its  base,  shall  not  be  less  than  14  feet. 
Between  the  head  and  foot  of  each  approach,  the  gradients  shall  be  uniform, 
irrespective  of  the  height  of  the  sidewalks  at  any  intermediate  points. 

On  the  north  side  of  the  west  approach  and  the  west  side  of  the  north 
approach,  the  sidewalks  may  be  similarly  arranged;  or,  they  shall  be  1 foot 
above  the  roadways  at  the  head  of  the  approaches,  and  1 foot  above  the  same 
at  the  intersection  of  Kinzie  street  with  West  40tli  street,  between  which 
points  the  gradients  shall  be  uniform,  irrespective  of  the  height  of  the  side- 
walks above  the  roadway  at  any  intermediate  points,  but  the  minimum  clear- 
ance over  the  sidewalk  shall  not  be  less  than  8 feet  between  the  portals.  On 
the  east  side,  the  sidewalk  shall  be  1 foot  above  the  roadway  at  the  head  of 


379]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


749 


the  north  and  south  approaches,  and  4.5  feet  above  the  same  at  the  intersec- 
tion with  the  alleyway  at  the  south  portal,  with  steps  descending  into  the 
alleyway  on  the  north  and  south  sides,  not  less  than  10  feet  long,  the  rise  of 
each  step  not  being  over  8 inches,  nor  the  tread  less  than  14  inches.  Should 
the  alley-way  be  closed  and  the  same  vacated,  the  sidewalk  on  the  east  side 
shall  be  1 foot  above  the  roadway  at  the  head  of  the  approaches,  and  5 feet 
above  the  same  at  the  portals,  between  which  latter  the  elevation  shall  be 
uniform,  with  a clear  head-room  of  not  less  than  8 feet  thereover. 

11.  Minimum  clearance  over  roadway  13.6  feet. 


§ 38o. 

IT 

IT 

IT 

nr 

IT 

IT 

IT 

IT 

IT 

IT 

IT 

IT 

IT 

IT 

IT 

IT 


Chicago  & Northwestern  Railway  company. 

1.  Wisconsin  and  Milwaukee  lines — places  of  beginning  and 

ending. 

2.  Embankments — retaining  walls,  fences  and  railings. 

3.  Streets  to  be  crossed — bridges — substructures — vacation  of 

streets — side  tracks. 

4.  Subways  on  both  lines — streets — grades. 

5.  Construction  of  subways,  requirements. 

6.  Subway  drainage. 

7.  Deflection  of  underground  work — sewer  gradients. 

8.  Location  and  construction  of  abutments. 

9.  Location  of  sidewalks — drainage  devices,  etc. — land  damages. 

10.  Temporary  obstruction  of  streets. 

11.  Notice  prior  to  commencement  of  work. 

12.  Commencement  and  completion  of  work. 

13.  City  officials  not  to  be  paid  for  superintending. 

14.  Trespassing  on  elevated  tracks — penalty. 

15.  Speed — signals — gates  and  flagmen. 

16.  When  in  force — agreement. 

17.  Repealing  clause. 


An  ordinance  requiring  the  Chicago  & Northwestern  Railway  company  to  elevate 
the  plane  of  its  roadbeds  and  tracks  along  the  Milwaukee  line  and  the  Wis- 
consin line  of  the  Wisconsin  division  of  said  railway.  (Passed  March  30, 
1896.  Agreement  filed  May  1,  1896.) 


T 1.  Wisconsin  and  Milwaukee  lines— places  of  beginning 
and  ending.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  The  Chicago  and  Northwestern  Railway  Company  is 

hereby  ordered  and  required  to  elevate  the  plane  of  its  roadbeds  and 
tracks,  within  the  limits,  and  in  the  form  and  manner,  and  upon  the 
.terms  and  conditions  hereinafter  set  forth,  that  is  to  say: 

1st.  Along  what  is  known  as  the  Wisconsin  line  of  the  Wiscom 
sin  division  of  said  railway,  as  follows:  Beginning  at  the  point  of  in- 

tersection of  said  line  with  what  is  known  as  the  Milwaukee  line  of 
said  Wisconsin  division,  such  point  being  commonly  called  Clybourn 
Junction,  and  rising  therefrom  on  any  gradient  and  within  any  length 
or  distance  by  said  company  deemed  best  for  the  proper  maintenance 
and  operation  of  said  railroad,  said  roadbeds  and  tracks  shall  attain 
an  elevation  of  not  less  than  21.40  feet  above  city  datum,  at  the  head 
of  said  grade,  at  or  within  100  feet  east  of  the  east  line  of  Wood  street; 
thence  said  elevated  roadbeds  and  tracks  shall  continue,  with  such 
gradients  and  on  such  alignment  within  its  right  of  way  as  said  com- 
pany may  adopt,  to  a point  about  100  feet  northwest  of  North  43rd 


750 


RAILROADS. 


court,  attaining  elevations  above  city  datum  of  not  less  than  21.40 
feet  in  North  Wood  street,  Webster  avenue  and  21.90  feet  at  North 
Robey  street;  22.40  feet  at  West  Fullerton  avenue;  23.30  feet  at 
North  Western  avenue;  23.40  feet  at  North  Campbell  avenue;  23.50 
feet  at  North  Rockwell  street  (formerly  Hoffman  avenue);  23.80  feet 
at  West  Diversey  avenue;  24.10  feet  at  North  California  avenue;  24.60 
feet  at  West  Wellington  street;  24.90  feet  at  North  Sacramento,  form- 
erly Thomas  avenue;  25.40  feet  at  West  Belmont  avenue;  25.80  feet 
at  North  Kedzie  avenue;  27.70  feet  at  Kimball  avenue;  30.20  feet 
at  West  Addison  street;  33.30  feet  at  North  40th  avenue;  34.40  feet 
at  Irving  Park  boulevard,  North  42d  court,  North  43d  court  or  Wash- 
ington avenue,  North  44th  avenue  (Each  and  all  of  the  aforesaid 
elevations  above  city  datum  refer  to  the  top  of  the  new  rail  upon  said 
elevated  roadbeds.)  And  said  elevated  roadbeds  shall  descend  to  the 
present  surface  on  any  gradient  or  alignment,  and  within  any  length  or 
distance  said  company  may  adopt,  and  attaining  an  elevation  at  bot- 
tom, on  said  descending  gradient,  of  not  less  than  30  feet  above  city 
datum,  measured  at  the  top  of  the  new  rail,  as  aforesaid,  at  a point  in 
Mayfair  Yard  about  900  feet  northwest  of  North  43d  court. 

2nd.  Along  what  is  known  as  the  Milwaukee  line  of  the  Wiscon- 
sin division  of  said  railway,  as  follows:  Beginning  at  a point  where 

the  north  line  of  Wrightwood  avenue  intersects  said  Milwaukee  line 
of  the  Wisconsin  division  of  said  railway,  and  rising  therefrom,  on  any 
gradient  and  within  any  length  or  distance  by  said  company  deemed 
best  for  the  proper  maintenance  and  operation  of  its  railroad,  said 
roadbed  and  tracks  shall  attain  an  elevation  of  not  less  than  20.40  feet 
measured  to  the  top  of  the  new  rail  on  said  elevated  roadbed  above  city 
datum,  at  the  head  of  said  grade,  at  or  within  100  feet  south  of  the 
south  line  of  Diversey  avenue;  thence  said  elevated  roadbed  and  tracks 
shall  continue,  with  such  gradients  and  on  such  alignment  within  its 
right  of  way  as  the  said  company  may  adopt,  to  a point  about  1350 
feet  north  of  Foster  avenue,  attaining  elevations  above  city  datum, 
measured  to  the  top  of  the  new  rail  upon  said  elevated  roadbed,  of  not 
less  than  20.6  feet  at  Diversey  avenue;  26.4  feet  at  Belmont  avenue; 
27.4  feet  at  Roscoe  street;  28.4  feet  at  Addison  street  and  Lincoln 
avenue;  29.4  feet  at  Irving  Park  boulevard  (formerly  Graceland  ave- 
nue), Berteau  avenue,  Montrose  avenue,  Wilson  avenue,  Lawrence 
avenue,  Leland  avenue,  Winnemac  avenue  and  Foster  avenue,  and 
shall  descend  to  the  present  surface  on  any  gradient  and  alignment 
said  company  may  adopt  at  the  south  line  of  Bryn  Mawr  avenue. 

Tf  2.  Embankments— retaining  walls,  fences  and  railings.] 

§ 2.  The  embankment  or  embankments  on  which  said  elevated  road- 
bed shall  be  constructed  within  the  aforesaid  limits  shall  be  composed 
of  sand,  clay,  gravel,  loam,  broken  stone,  or  whatever  else  may  com- 
pose the  surplus  material  excavated  from  the  subways  and  from  the 
foundation  pits  and  trenches  along  the  line  of  said  work;  the  side 


i 380] 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


751 


slopes  and  lateral  dimensions  of  said  embankments  will  be  fixed  and 
determined  by  the  natural  angle  of  repose  of  the  materials  of  which 
said  embankments  may  be  constructed,  but  whenever  it  may  become 
necessary,  for  the  purpose  of  keeping  said  embankments  entirely  with- 
in the  lines  of  the  right  of  way  of  said  company,  such  portions  of  said 
embankments,  at  all  such  points,  shall  be  kept  within  said  right  of  way 
lines  by,  or  they  shall  be  confined  between,  retaining  walls  of  stone  or 
brick  masonry;  Provided,  however,  that  whenever  said  retaining  walls 
are  of  insufficient  height  to  properly  protect  said  right  of  way,  and  to 
prevent  trespassing  thereon,  then  said  retaining  walls  as  aforesaid 
shall  be  surmounted  with  a suitable  fence  or  railing;  but  wherever 
said  retaining  walls  are  not  used  at  all,  the  right  of  way  of  said  com- 
pany shall  be  fenced  in,  or  otherwise  properly  enclosed,  in  compliance 
with  the  present  ordinances  of  the  city  of  Chicago  relating  to  the  fenc- 
ing of  railroad  tracks. 

If  3.  Streets  to  be  crossed— bridges — substructures— vacation 
of  streets — side  tracks.]  §3.  The  tracks  of  said  company  which  will 
be  supported  and  carried  on  said  embankment  or  embankments,  so  to- 
be  constructed  as  aforesaid,  shall  cross  the  following  streets  and  ave- 
nues upon  said  Wisconsin  line,  namely:  North  Wood  street,  Web- 

ster avenue,  North  Robey  street,  North  Leavitt  street,  West  Fullerton 
avenue,  North  Western  avenue,  North  Campbell  (Forest)  avenue, 
North  Rockwell  street  (Hoffman  avenue),  West  Diversey  avenue, 
North  Washtenaw  (Laurel)  avenue,  North  California  avenue,  West 
Wellington  street,  North  Sacramento  avenue,  North  Albany  avenue 
(Wallace  street),  West  Belmont  avenue,  North  Kedzie  avenue,  Kimball 
(Holman)  avenue,  West  Addison  street,  North  40th  avenue,  St.  Charles 
avenue  (North  41st  court),  Irving  Park  boulevard  (Graceland  avenue), 
North  42d  avenue,  North  42d  court,  North  43d  court  or  Washington 
avenue,  North  44th  avenue,  together  with  a foot  subway  at  Schubert 
avenue;  and  the  following  streets  and  avenues  upon  said  Milwaukee 
line,  namely:  Diversey  avenue,  Wellington  street,  Noble  avenue,  Bel- 
mont avenue,  Melrose  street,  School  street,  Roscoe  street,  Cornelia 
street,  Addison  street,  Lincoln  avenue,  Grace  street,  Irving  Park  bou- 
levard (Graceland  avenue),  Berteau  avenues,  Montrose  avenue,  Sunny- 
side  avenue,  Wilson  avenue,  Leland  avenue,  Lawrence  avenue,  Win- 
nemac  avenue,  Foster  avenue,  Balmoral  avenue,  on  bridges  of  one, 
two  or  three  spans,  whose  superstructure  shall  consist  of  iron  or  steel 
main  girders,  and  with  iron  or  steel  corrugated  floor  systems,  or  with 
ordinary  floor  beams  and  track  stringers.  In  the  event  of  the  latter 
system  being  used,  then  some  suitable  device  shall  be  provided  to  pre- 
vent dirt  and  storm  water  from  falling  on  the  sidewalks  and  roadways 
beneath.  The  substructures  of  all  of  said  bridges  shall  consist  of 
abutments  of  stone  or  brick  masonry  or  columns,  with  or  without  in- 
termediate supporting  systems,  consisting  of  rows  of  iron  or  steel 
columns,  braced  together  laterally,  and  erected  on  atid  anchored  to 


752 


RAILROADS. 


[§  380 


masonry  foundations,  constructed  in  the  curb  line  or  in  the  center  of 
the  intersecting  streets  and  avenues,  within  the  subways,  and  parallel 
with  and  equidistant  from  the  faces  of  the  abutments,  as  aforesaid. 
All  of  said  abutments  shall  be  located  and  constructed  entirely  within 
the  right  of  way  lines  of  said  company,  and  whenever  said  abutments, 
or  any  of  them,  shall  be  located  on  the  lot  lines  of  any  of  said  streets 
and  avenues,  the  facial  alignment  of  said  abutments  shall  be  uniform 
with  said  lot  lines,  as  aforesaid.  If,  in  any  case,  it  shall  be  found  neces- 
sary to  construct  any  retaining  or  side  walls  in  connection  with  any 
approaches  to  subways,  then  such  walls  may  be  constructed  within 
the  limits  of  the  street,  alley  or  way  upon  which  such  approach  is  sit- 
uated, and  the  abutments  or  side  walls  of  the  subway  itself,  reached 
by  such  approach,  may  be  correspondingly  advanced  into  the  street, 
so  as  to  be  in  a continuous  straight  line  with  the  approach  wall;  and 
in  any  such  case  the  other  details  and  dimensions  of  the  subway 
given  in  the  attached  schedule  of  subways  may  be  changed  as  far  as 
necessary  to  accord  with  the  location  of  retaining  or  side  walls  or 
abutments,  as  aforesaid.  Any  and  all  portions  of  any  streets,  alleys 
or  avenues  extending  into  or  across  either  of  said  lines  of  railway, 
within  the  limits  herein  above  provided  for  the  elevation  of  said  road- 
beds, or  either  of  them,  except  the  streets  and  avenues  in  this  section 
above  enumerated,  and  except  Armitage  avenue,  be  and  the  same  are 
hereby  discontinued  and  vacated  within  the  limits  of  said  company’s 
right  of  way,  and  the  city  of  Chicago  shall  at  any  time  take  any  pro- 
ceedings essential  to  perfect  or  effectuate  such  vacation. 

Permission  and  authority  are  hereby  granted  to  the  Chicago  and 
Northwestern  Railway  Company  to  construct  branch,  spur  or  side 
tracks  from  any  point  along  the  line  to  be  elevated  pursuant  to  the 
provisions  of  this  ordinance  to  reach  any  industrial  or  commercial  es- 
tablishments now  or  hereafter  existing  on  any  land  adjoining  or  ad- 
jacent to  said  line  so  to  be  elevated  and  to  cross  with  such  branch,  spur 
or  side  track  any  alley  or  other  public  way  not  more  than  twenty  (20) 
feet  in  width  intervening  between  said  main  line  and  said  establish- 
ment, in  such  manner  as  shall  be  approved  by  the  commissioner  of 
public  works,  provided,  that  in  all  cases  such  tracks  shall  leave  a clear 
head-room  for  the  public  way  of  not  less  than  ten  feet;  but  in  case  it 
shall  be  necessary  in  order  to  obtain  such  head-room  to  depress  any 
such  alley  or  public  way,  it  may  be  so  depressed  upon  condition  that 
said  railway  company  shall  do  all  the  excavating  necessary  to  make 
such  depression  with  approaches  thereto  at  proper  gradients  and  shall 
restore  such  alley  or  public  way  as  near  as  may  be  to  its  former  condi- 
tion. 

Permission  and  authority  are  hereby  granted  to  the  Chicago  and 
Northwestern  Railway  Company  to  occupy  portions  of  East  Ravens- 
wood  park  contiguous  to  the  right  of  way  of  said  railway  for  passenger 
stations,  stairways  and  platforms,  and  portions  of  West  Ravenswood 


§ 38°] 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


753 


park  for  stairways,  at  each  of  the  following  named  places,  to  wit: 
Gross  Park  station,  between  Belmont  avenue  and  Melrose  street;  Cuy- 
ler  station,  between  Byron  street  and  Irving  Park  boulevard;  Ravens- 
wood  station,  between  Sunnyside  avenue  and  Wilson  avenue;  Sum- 
merdale  station,  between  Foster  avenue  and  Pine  street.  The  por- 
tions of  said  East  Ravenswood  park  and  West  Ravenswood  park  so 
to  be  enclosed  and  occupied  shall  not  exceed  the  following  dimensions, 
at  either  of  said  places,  to  wit:  For  station  buildings  twenty  feet  in 

width  and  eighty  feet  in  length,  and  for  stairways  ten  feet  in  width  by 
thirty  feet  in  length,  the  greatest  length  to  be  parallel  with  the  street 
lines  in  all  cases. 

1 4.  Subways  on  both  lines — street  grades.]  § 4-  At  the 

points  where  the  said  company’s  right  of  way  is  intersected  and  crossed 
Dy  the  streets  and  avenues  above  named  in  section  3 of  this  ordinance, 
as  being  the  streets  and  avenues  which  the  tracks  of  said  company 
herein  required  to  be  elevated  shall  cross,  subways  therein  shall  be 
constructed,  passing  through  said  embankments  and  beneath  said 
tracks,  so  to  be  elevated  as  aforesaid,  as  follows,  namely:  On  said 

Wisconsin  line  at  the  following  named  streets  and  avenues:  North 

Wood  street,  Webster  avenue,  North  Robey  street,  North  Leavitt 
street,  West  Fullerton  avenue,  North  Western  avenue,  North  Camp- 
bell (Forest)  avenue,  North  Rockwell  (Hoffman)  street,  West  Diver- 
sey  avenue,  North  Washtenaw  avenue  (Laurel),  North  California  ave- 
nue, West  Wellington  street,  North  Sacramento  avenue,  North  Albany 
avenue  (Wallace  street),  West  Belmont  avenue,  North  Kedzie  avenue, 
Kimball  (Holman)  avenue,  West  Addison  street,  North  40th  avenue, 
North  41st  court,  Irving  Park  boulevard  (Graceland  avenue),  North 
42d  avenue,  North  4 2d  court,  North  43d  court  or  Washington  avenue, 
North  44th  avenue,  together  with  a foot  subway  at  Schubert  avenue; 
and  on  said  Milwaukee  line  at  the  following  streets  and  avenues:  Di- 
versey  avenue,  Wellington  street,  Noble  avenue,  Belmont  avenue, 
Melrose  street,  School  street,  Roscoe  street,  Cornelia  street,  Addison 
street,  Lincoln  avenue,  Grace  street,  Irving  Park  boulevard  (Grace- 
land  avenue),  Berteau  avenue,  Montrose  avenue,  Sunnyside  avenue, 
Wilson  avenue,  Leland  avenue,  Lawrence  avenue,  Winnemac  avenue, 
Foster  avenue,  Balmoral  avenue,  all  of  which  said  subways  shall  gen- 
erally conform  to  the  descriptions  and  dimensions  contained  in  two 
schedules  hereunto  annexed  and  made  a part  of  this  ordinance,  one 
entitled  “Schedule  of  Subways,  Milwaukee  division;”  the  other  en- 
titled “Schedule  of  Subways,  Wisconsin  division.” 

The  grade  of  the  several  streets  and  avenues  upon  which  subways 
shall  be  constructed  as  aforesaid,  and  the  grade  of  the  several  streets 
and  avenues  in  which  approaches  to  any  of  said  subways  shall  be  con- 
structed under  the  terms  of  this  ordinance,  shall  be  and  the  same  is 
hereby  changed  so  as  to  be  as  in  said  “Schedules  of  Subways,”  in  this 
ordinance  set  forth.  The  grade  of  Armitage  avenue  shall  be  and  is 


754  RAILROADS.  [§  380 

hereby  changed  to  conform  to  the  grade  of  said  elevated  roadbed,  as  it 
shall  be  constructed  under  the  terms  of  this  ordinance. 

If  5.  Construction  of  subways,  requirements.]  § 5.  The 
subways  and  the  approaches  thereto,  so  to  be  constructed  by  said  com- 
pany in  said  streets  and  avenues  aforesaid,  shall  all  conform  to  the  fol- 
lowing structural  requirements,  namely:  The  roadways  in  subways 

shall  be  paved  with  a single  course  of  vitrified  brick,  of  standard  quali- 
ty, laid  at  a right  angle  with  the  curb  lines,  and  set  in  a solid  founda- 
tion of  hydraulic  cement  concrete,  not  less  than  six  inches  thick  or 
deep  when  solidly  tamped  in  place,  and  otherwise  finished  and  prop- 
erly crowned  ready  for  the  brick  wearing  surface,  between  which  and 
the  concrete  there  shall  be  interposed  a layer  of  screened  sand  not  less 
than  half  an  inch  thick.  The  curbs  shall  be  of  sound,  hard  limestone 
of  standard  dimensions  and  finish,  and  the  sidewalks  in  subways  shall 
be  finished  and  paved  with  Portland  cement  concrete,  of  standard 
quality  and  workmanship,  and,  with  the  curbing  and  roadway  paving, 
shall  be  made,  finished  and  put  in  permanent  place,  in  accordance  with 
the  requirements  of  the  department  of  public  works  of  the  city  of  Chi- 
cago. The  approaches  to  subways  shall  be  excavated  to  the  grades 
established  by  this  ordinance  and  shall  be  in  all  other  respects  restored 
as  near  as  may  be  to  their  condition  before  being  so  excavated. 

^f  6.  Subway  drainage.]  § 6.  The  subways  provided  for  by 
this  ordinance  shall  be  thoroughly  and  properly  drained  by  the  con- 
struction of  receiving  basins,  properly  located  in  or  immediately  ad- 
jacent to  said  subways,  which  said  receiving  basins  shall  be  connected 
with  and  shall  discharge  their  contents  into  the  adjacent  sewerage 
system. 

Tf  7.  Deflection  of  underground  work  — sewer  gradients.] 

§ 7.  Wherever,  during  the  construction  of  said  subways,  it  shall  be- 
come necessary  to  change  the  location  of  water  pipes,  brick  or  pipe 
sewers,  and  electrical  conduits  owned  by  the  city  of  Chicago,  all  such 
may  be  deflected  laterally  from  the  position  in  which  they  may  be 
found,  or  may  be  depressed  in  their  trenches  to  such  depth  as  may  be 
necessary  for  their  proper  protection,  or,  they  may  be  carried  through 
the  subways,  beneath  the  sidewalks,  wherever  the  latter  are  sufficiently 
elevated  above  the  roadways,  as  may  be  determined  by  the  commission- 
er of  public  works;  but  the  gradients  of  the  sewers  shall  not  be  reduced 
in  any  event;  all  of  which  said  work  shall  be  done  by  the  said  company 
and  at  its  sole  expense. 

H 8.  Location  and  construction  of  abutments.]  | § 8.  Noth- 
ing in  this  ordinance  contained  and  named  shall  be  so  constructed  as  to 
prevent  said  company  from  locating  and  constructing  the  abutments 
which  form  the  parallel  walls  of  said  subways  at  any  distance  back  from 
the  lot  lines  of  said  streets  and  avenues,  so  as  to  enable  said  company 
to  construct,  maintain,  and  use  therein,  station  or  other  buildings. 


§ 380]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY.  755 

fronting  on  said  streets  and  avenues,  uniform  with  the  said  lot  lines 
thereof,  and  entirely  within  the  right  of  way  lines  of ’said  company,  for 
the  accommodation  and  convenience  of  its  traffic,  or  for  any  other 
purpose  in  connection  with  the  efficient  maintenance  and  operation  of 
said  company’s  railroads. 

1 9.  Location  of  sidewalks — drainage  devices,  etc. — land  dam- 
ages.] § 9.  The  location  of  the  sidewalks  in  the  subways,  whose 
construction  is  herein  authorized  and  required,  the  various  devices  for 
the  drainage  of  said  subways,  and  for  the  proper  handling  and  protec- 
tion of  water  pipes,  sewers,  and  electrical  systems  of  the  city,  except 
as  in  this  ordinance  otherwise  defined,  shall  all  be  determined  by  the 
commissioner  of  public  works;  and  all  the  work  upon  or  in  connec- 
tion with  any  of  the  matters  or  things  in  this  section  specified,  shall  be 
done  and  performed  under  the  superintendence  and  subject  to  the  in- 
spection and  approval,  and  to  the  entire  satisfaction  of  said  commis- 
sioner of  public  works  aforesaid  and  all  of  the  work  of  construction 
hereinbefore  in  this  ordinance  provided  for  shall  be  done  at  the  ex- 
pense of  said  railway  company;  not,  however,  including  damages  to 
adjacent  property  or  business,  caused  by  change  of  grade  of  streets, 
avenues,  alleys  or  the  railway,  or  by  the  vacation  of  any  street,  alley, 
avenue,  or  other  public  way,  or  by  the  performance  by  the  railway 
company  of  the  matters  and  things  in  this  ordinance  required  of  the 
railway,  it  being  intended  and  understood  that  such  damages,  if  any, 
are  to  be  adjusted  and  paid  by  the  city  of  Chicago. 

If  10.  Temporary  obstruction  of  streets.]  § io.  Permission 
and  authority  are  hereby  given  said  company,  whenever  the  same  shall 
become  necessary  in  the  prosecution  of  the  work  of  raising  its  road- 
beds and  tracks,  as  said  company  is  herein  authorized  and  required  to 
do,  to  temporarily  obstruct  any  street  or  avenue,  to  such  extent  and 
for  such  length  of  time  as  may  be  approved  by  the  commissioner  of 
public  works;  and  said  company  is  hereby  authorized,  whenever  the 
same  shall  become  necessary,  as  aforesaid,  to  erect  and  maintain  tem- 
porary structures  and  false  works  in  any  of  said  streets  and  avenues, 
during  the  construction  of  their  said  elevated  structure  or  structures, 
subject,  however,  to  the  approval  of  the  commissioner  of  public  works, 
as  aforesaid. 

11.  Notice  prior  to  commencement  of  work.]  § it. 

Said  company  shall,  at  least  ten  (io)  days  prior  to  the  commencement 
of  any  part  or  parts  of  its  said  work,  which  is  designated  to  be  within 
the  limits  of  or  abutting  on  any  street  or  avenue,  submit  to  the  com- 
missioner of  public  works,  for  his  approval,  complete  plans  and  speci- 
fications of  said  part  or  parts  of  said  proposed  work,  for  the  purpose 
of  ascertaining  whether  the  same  are  in  strict  compliance  with  the  pro- 
visions of  this  ordinance;  and,  after  the  approval  of  all  such  plans  and 
specifications  by  the  commissioner  of  public  works,  all  of  said  work 
shall  be  constructed  in  strict  accordance  therewith,  and  to  the  entire 


756 


RAILROADS. 


satisfaction  of  said  commissioner  of  public  works,  and  not  otherwise, 
except  as  herein  otherwise  provided. 

1 12.  Commencement  and  completion  of  work.]  § 12. 

Said  railway  company  is  hereby  required  to  commence  the  work  of 
elevating  its  said  tracks,  as  hereinbefore  specified,  on  or  before  the 
first  day  of  May,  A.  D.  1896,  and  to  complete  the  same  within  eight 
years  from  the  date  of  the  commencement  thereof,  as  aforesaid,  unless 
prevented  by  strikes  or  restrained  by  injunction  or  other  order  or  pro- 
cess of  a court  of  competent  jurisdiction.  The  time  during  which  said 
railway  company  shall  be  prevented  by  strike  or  legal  proceedings,  as 
aforesaid,  shall  be  added  to  the  time  hereby  limited  for  the  completion 
of  said  work;  provided,  said  railway  company  give  notice  to  the  cor- 
poration counsel  of.  the  city  of  Chicago  of  the  institution  of  such  legal 
proceedings.  The  city  of  Chicago  shall  thereupon  have  the  right  to 
intervene  in  any  suit  or  proceeding  brought  by  any  person  or  persons 
seeking  to  enjoin,  restrain  or  in  any  manner  interfere  with  the  prosecu- 
tion of  said  work,  and  move  for  the  dissolution  of  such  injunction  or 
restraining  order,  and  for  any  other  proper  order  in  such  suit. 

If  13.  City  officials  not  to  be  paid  for  superintending.] 

§13.  Nothing  in  this  ordinance  contained  shall  be  construed  as  im- 
posing any  liability  on  said  railway  company  to  the  city  of  Chicago  for 
the  services  to  be  performed  by  an  officer  or  employe  of  said  city  in 
superintending  the  work  of  construction  required  by  this  ordinance. 

1 14.  Trespassing  on  elevated  tracks — penalty.]  § 14.  When 
and  in  case  said  railway  shall  be  elevated  in  accordance  with  the  pro- 
visions of  this  ordinance,  or  when  and  in  case  sections  of  said  elevated 
railways,  as  herein  provided,  shall  be  completed,  it  shall  be  unlawful 
for  any  person  Qr  persons,  save  employes  of  said  company  in  discharge 
of  duties  to  said  company,  to  enter  upon,  be,  or  walk  along  or  across 
said  elevated  structures  or  roadways  at  any  point;  any  person  violat- 
ing this  ordinance  shall  be  liable  to  a fine  of  not  more  than  one  hun- 
dred (100)  dollars  and  not  less  than  ten  (10)  dollars  for  each  and  every 
such  offense. 

T 15.  Speed— signals— gates  and  flagmen.]  § 15.  When  said 
railways  shall  be  elevated  in  accordance  with  the  provisions  of  this  or- 
dinance, or  when  any  section  thereof  shall  be  so  elevated  and  ready 
for  use,  then  and  thereupon  all  provisions  of  the  ordinances  of  the 
city  relating  to  speed  of  railway  trains  in  said  city,  the  giving  of  signals 
upon  such  trains  and  the  maintenance  of  gates,  flagmen,  watchmen, 
signals,  and  signal  towers,  shall  cease  to  be  applicable  to  such  railway 
company  so  far  as  the  lines  of  said  road  shall  be  elevated  as  herein 
required. 

IT  16.  When  in  force — agreement.]  § 16.  This  ordinance 

shall  take  effect  from  and  after  its  passage,  approval  and  publication; 
Provided,  however,  that  this  ordinance  shall  be  null  and  void  unless 


§ 380]  CHICAGO  AND  NORTHWESTERN  RAILWAY  COMPANV.  757 

said  Chicago  and  Northwestern  Railway  Company  shall,  through  its 
authorized  officers,  file  with  the  mayor  of  the  city  of  Chicago  within 
sixty  (60)  days  from  the  passage  of  this  ordinance  an  agreement,  duly 
executed,  whereby  said  railway  company  shall  undertake  to  do  and 
perform  all  the  matters  and  things  required  of  it  by  this  ordinance,  in- 
cluding also  the  giving  and  dedication  to  the  public  for  highway  pur- 
poses of  so  much  of  the  right  of  way  of  said  railway  company  as  may 
be  occupied  by  and  necessary  for  the  extension  across  such  right  of 
way  of  any  streets  or  avenues  that  may  not  heretofore  have  been 
opened  and  legally  established  as  streets  or  avenues  but  are  by  this  or- 
dinance hereinbefore  mentioned  as  streets  or  avenues  to  be  crossed  by 
the  tracks  of  said  railway  company  on  bridges  and  to  be  furnished  with 
subways,  which  such  agreement  by  said  railway  company  shall  be 
made  as  a return  for  any  liabilities  which  may  be  incurred  by  the  city 
of  Chicago,  or  recoverable  against  it  for  any  damages  to  adjacent 
property  or  business  in  consequence  of  change  of  grade  of  streets,  ave- 
nues, alleys,  or  the  railway,  or  of  the  vacation  of  any  street,  alley,  ave- 
nue or  other  public  way*,  or  of  the  performance  by  the  railway  com- 
pany of  the  matters  and  things  in  this  ordinance  required  of  the  rail- 
way, and  which  agreement  shall  be  held  to  relieve  and  protect  said 
company  from  all  liability  to  said  city  or  others  for  such  damages  to 
adjacent  property  or  business  in  consequence  of  change  of  grade  of 
streets,  avenues,  alleys  or  the  railway,  or  of  the  vacation  of  any  street, 
alley,  avenue,  or  other  public  way,  or  of  the  performance  by  the  rail- 
way company  of  the  matters  and  things  in  this  ordinance  required  of 
it;  save  that  for  any  damages  occasioned  by  the  negligent  manner  of 
doing  said  work  by  said  company  it  shall  be  liable.  After  the  filing  of 
said  agreement  as  aforesaid,  this  ordinance  shall  not  be  materially 
modified  or  amended  without  the  consent  of  said  railway  company; 
but  nothing  in  this  ordinance  contained  shall  be  deemed  a waiver  or 
surrender  of  the  police  power  of  the  city,  or  to  deprive  the  city  of  the 
right  to  properly  exercise  such  power. 

T 17.  Repealing  clause.]  § 17.  All  ordinances  heretofore 
passed  for  opening  streets  across  any  portion  of  the  right  of  way  or 
yards  of  the  Chicago  and  Northwestern  Railway  Company  whereon 
the  tracks  are  required  to  be  elevated,  as  in  this  ordinance  provided,  are 
hereby  repealed,  except  in  those  cases  where  the  street  ordered  opened 
has  already,  in  fact,  been  opened  and  traveled  and  has  become  a law- 
ful and  existing  highway  not  hereinbefore  vacated. 


SCHEDULE  OF  SUBWAYS— WISCONSIN  DIVISION. 


SUBWAY  IN  NORTH  WOOD  STREET  (NORTH  AND  SOUTH),  GO  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  3 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  8 feet  above  city  da- 


758 


RAILROADS. 


[§  380 


turn.  This  level  shall  extend  to  south  curb  line  of  street  parallel  to  the  right 
of  way  on  the  north  side,  and  to  the  north  curb  line  of  street  parallel  to  the 
right  of  way  on  the  south  side;  from  this  level  the  approaches  shall  extend  on 
a grade  of  3.5  feet  in  100  feet  in  Wood  street  and  Hervey  street,  and  on  a 
grade  of  4 feet  in  100  feet  in  streets  parallel  to  the  railway,  to  intersection 
with  the  present  surface  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WEBSTER  AVENUE  (EAST  AND  WEST),  G6  FEET  WIDE- 

ASKEW. 

The  depression  of  street  shall  not  exceed  3.5  feet  below  the  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  8 feet  above  city 
datum.  This  level  shall  extend  on  the  west  to  the  inter-section  of  south  right 
of  way  line  with  the  north  street  line,  and  on  the  east  to  the  intersection  of 
north  right  of  way  line  with  south  street  line  of  Webster  avenue;  from  this 
level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Web- 
ster avenue  and  Elk  Grove  avenue,  and  on  a grade  of  4 feet  in  100  feet  in  the 
alleys  parallel  to  right  of  way,  to  intersection  with  present  surface  of  streets 
and  alleys. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NORTH  ROBEY  STREET  (NORTH  AND  SOUTH),  66  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  7 feet  above  city  datum. 
This  level  shall  extend  on  the  north  to  the  intersection  of  the  north  right  of 
way  line  with  the  west  street  line,  and  on  the  south  to  the  south  curb  line  of 
Kosciusko  street;  from  this  level  the  approaches  shall  extend  on  a grade  of 
3.5  feet  in  100  feet  in  Robey  street  and  Kosciusko  street,  and  on  a grade  of 
4 feet  in  100  feet  in  alleys  parallel  to  right  of  way,  to  intersection  with  pres- 
ent surfaces  of  streets  and  alleys. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with"  the  center  of 
roadway. 

Minimum  clearance*  above  roadway,  13.5  feet. 

SUBWAY  IN  WEST  FULLERTON  AVENUE  (EAST  AND  WEST),  73 
FEET  WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  7.5  feet  above  city 
datum.  This  level  shall  extend  on  the  west  to  the  intersection  of  south  right 
of  way  line  with  the  north  street  line,  and  on  the  east  to  the  intersection  of 
the  north  right  of  way  line  with  the  south  street  line  of  Fullerton  avenue; 


§ 3^°]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY.  750 

from  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet 
to  present  surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists, 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  13.5  feet. 

SUBWAY  IN  NORTH  LEAVITT  STREET,  66  FEET  WIDE— ASKEW 
(NORTH  AND  SOUTH). 

The  depression  of  street  shall  not  exceed  4.5  feet  below  the  city  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  9.2  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  north  right  of  way 
line,  and  on  the  south  to  the  south  line  of  alley  parallel  to  right  of  way.  From 
this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in 
Leavitt,  Snow  and  Station  streets,  and  on  a grade  of  4 feet  in  100  feet  in  the 
alley  parallel  to  right  of  way  to  intersection  with  present  surfaces  of  streets 
and  alleys. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists, 
and  two  rows  of  posts,  for  supports  of  girders,  shall  be  placed  in  subway  at 
the  curb  lines  and  inside  thereof. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NORTH  WESTERN  AVENUE  (NORTH  AND  SOUTH),  66 
FEET  WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  8.4  feet  above  city 
datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  the  north 
right  of  way  line  with  the  west  street  line,  and  on  the  south  to  the  intersec- 
tion of  south  right  of  way  line  with  the  east  curb  line  of  Western  avenue,  and 
on  the  west  to  the  intersection  of  south  right  of  way  line  with  the  north 
street  line  of  Humboldt  boulevard.  From  this  level  the  approaches  shall  ex- 
tend on  a grade  of  3.5  feet  in  100  feet  in  Western  avenue,  in  Humboldt  boule- 
vard and  in  Helen  court,  and  on  a grade  of  4 feet  in  100  feet  in  alleys,  to  in- 
tersection with  present  surface  of  streets  and  alleys. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  in  the , 
center  line  of  said  North  Western  avenue,  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
ways. 

Minimum  clearance  above  roadway,  13.5  feet. 

These  specifications  to  be  subject  to  such  modifications  as  may  be  agreed 
upon  between  the  West  Chicago  park  commissioners  and  the  said  Northwest- 
ern Railway  Company  respecting  so  much  of  said  sub-way  as  is  located  in 
Humboldt  boulevard. 

FOOT  SUBWAY  ON  SCHUBERT  AVENUE. 

The  footway  to  be  ten  feet  wide,  measured  at  right  angle  to  the  abut- 
ments. The  floor  of  subway  to  be  at  the  level  of  13.1  feet  above  city  datum. 

The  side  walls  to  be  of  masonry.  The  roof  to  be  of  10-inch  I beams, 
placed  two  feet  center  to  center  at  right  angles  to  the  abutments  and  covered 
.with  5-16  inch  plate  iron  and  at  such  a height  as  to  give  8 feet  head-room 
in  footway. 


760  RAILROADS.  [§  380 

Floor  to  be  of  concrete  G inches  thick,  inclined  1 inch  in  100  feet  from  the 
center  towards  each  end. 

SUBWAY  IN  NORTH  CAMPBELL  AVENUE  (NORTH  AND  SOUTH),  66 
FEET  WIDE— ASKEW. 

Depression  of  street  shall  not  exceed  4 feet  below  city  grade  of  street, 
making  elevation  of  floor  of  subway  not  less  than  10  feet  above  city  datum. 
This  level  shall  extend  on  the  north  to  the  intersection  of  the  north  right  of 
way  line  with  west  street  line,  and  on  the  south  to  the  intersection  of  the 
south  right  of  way  line  with  east  street  line  of  Campbell  avenue;  from  this 
level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Camp- 
bell avenue  and  Evergreen  avenue,  and  on  a grade  of  4 feet  in  100  feet  in 
alleys,  to  intersection  with  present  surface  of  streets  and  alleys. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  N.  ROCKWELL  ST.  (HOFFMAN  AYE.)  (NORTH  AND 
SOUTH),  66  FEET  WIDE— ASKEW. 

The  depression  of  street*  shall  not  exceed  4.5  feet  below  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  10.1  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  north 
right  of  way  line  produced  with  west  street  line,  and  on  the  south  to  the  in- 
tersection of  south  right  of  way  iine  with  east  street  line;  from  this  level  the 
approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Hoffman  avenue, 
and  on  a grade  of  4 feet  in  100  feet  in  alleys,  to  intersection  writh  present  sur- 
face of  street  and  alleys. 

The  width  of  street  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway,  at  the  curb  lines  and  in- 
side thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  WEST  DIVERSE Y AVENUE  (EAST  AND  WEST),  66  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  8.9  feet  above  city 
datum.  This  level  shall  extend  on  the  west  to  the  intersection  of  south  right 
of  way  line  with  north  street  line,  and  on  the  east  to  the  intersection  of  north 
right  of  way  line  produced  with  south  street  line.  From  this  level  the  ap- 
proaches shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Diversey  avenue, 
and  on  a grade  of  4 feet  in  100  feet  in  alleys  to  intersection  with  present  sur- 
face of  street  and  alleys. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  13.5  feet. 


§ 380]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY.  761 

SUBWAY  IN  WASHTENAW  AVENUE  (NORTH  AND  SOUTH),  66  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  present  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  10.4  feet 
above  city  datum.  This  level  shall  extend  011  the  north  to  the  intersection  of 
the  north  right  of  way  line  with  the  west  street  line,  and  on  the  south  to  the 
intersection  of  the  south  right  of  way  line  with  the  east  street  fine.  From  this 
level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  to  inter- 
section with  present  surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  Support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NORTH  CALIFORNIA  AVENUE  (NORTH  AND  SOUTH),  66 
FEET  WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  3.9  feet  below  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  10.7  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  north 
right  of  way  line  with  west  street  line,  and  on  the  south  to  the  south  curb 
line  of  George  street;  from  this  level  the  approaches  shall  extend  on  a grade 
of  3.5  feet  in  100  to  intersection  with  present  surface  of  street. 

The  width  of  streets  and  sidewaks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WEST  WELLINGTON  STREET  (EAST  AND  WEST),  66 
FEET  WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  3.6  feet  below  present  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  11.2  feet  above 
city  datum.  This  level  shall  extend  on  the  west  to  the  south  curb  line  of 
Avondale  avenue,  and  on  the  east  to  the  intersection  of  north  right  of  way 
line  with  south  line  of  street.  From  this  level  the  approaches  shall  extend  on 
a grade  of  3.5  feet  in  100  feet  to  intersection  with  present  surface  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road 
way. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NORTH  SACRAMENTO  AVENUE  (THOMAS  AVENUE),  66 
FEET  WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  3.7  feet  below  present  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  11.5  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  intersection  of  north  line 
of  alley  with  west  street  line,  and  on  the  south  to  the  south  curb  line  of  Avon- 
dale avenue.  From  this  level  the  approaches  shall  extend  on  a grade  of  3.5 
feet  in  100  feet  in  North  Sacramento  avenue  and  Avondale  avenue,  and  on  a 


762  RAILROADS.  [§  380 

grade  of  4 feet  in  100  feet  in  the  alleys  parallel  to  the  right  of  way,  to  inter- 
section with  present  surfaces  of  streets  and  alleys. 

The  width  of  streets  and  sidewalks  shall  he  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewaks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  NORTH  ALBANY  AVENUE  (NORTH  AND  SOUTH),  80 
FEET  WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  3.2  feet  below  the  present  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  11.8  feet 
above  city  datum.  This  level  shall  extend  on  the  north  to  the  nQrth  curb  linn, 
on  Lee  avenue,  and  on  the  east  to  the  east  curb  line  of  North  Albany  avenue, 
and  on  the  south  to  the  south  curb  line  of  Avondale  avenue.  From  this  level 
the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  to  intersection 
with  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WEST  BELMONT  AVENUE  (EAST  AND  WEST)  66  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  city  grade  of  street, 
making  the  elevation  of  subway  not  less  than  10.5  feet  above  city  datum. 
This  level  shall  extend  on  west  side  to  intersection  of  south  curb  line  of  Bel- 
mont avenue  with  east  curb  line  of  Avondale  avenue,  and  on  the  east  side  to 
the  east  curb  line  of  North  Troy  street.  From  this  level  the  approaches  shall 
extend  on  a grade  of  3.5  feet  in  100  feet  to  intersection  with  present  surface 
of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
one  line  of  posts  shall  be  placed  in  the  center  of  said  roadway  to  support 
girders.  The  south  abutment  shall  be  shortened  by  turning  due  south  the 
west  end  thereof  for  a distance  of  about  thirty  feet,  for  the  purpose  of  ac- 
commodating the  travel  in  Hammond  avenue. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  13.5  feet. 

SUBWAY  IN  NORTH  KEDZIE  AVENUE  (NORTH  AND  SOUTH)  66  FEET 

WTIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  present  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  10.9'  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  the 
north  right  of  way  line  with  the  west  street  line,  and  on  the  south  to  the  in- 
tersection of  the  south  right  of  way  line  with  the  west  curb  line.  From  this 
level  the  approaches  on  the  north  side  shall  extend  on  a grade  of  3.5  feet  in 
100  feet  to  intersection  with  present  surface  of  street,  and  on  the  south  side 
the  approaches  shall  extend  on  a grade  of  4 feet  in  100  feet  to  intersection 
with  present  surface  of  street.  The  approach  in  Linden  avenue  shall  extend 
from  east  curb  line  of  Kedzie  avenue  on  a grade  of  4 feet  in  100  feet  to  in- 
tersection with  present  surface  of  street. 


§ 38°] 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


763 


The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  13.5  feet. 

SUBWAY  IN  KIMBALL  AVENUE  (NORTH  AND  SOUTH),  80  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  2.7  feet  below  present  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  14.3  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  north 
right  of  way  line  with  west  street  line,  and  on  the  south  to  the  south  curb 
line  of  Henderson  street  (produced).  From  this  level  the  approaches'  shall 
extend  on  a grade  of  3.5  feet  in  100  feet  to  intersection  with  present  surface 
of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
,two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WEST  ADDISON  STREET  (EAST  AND  WEST),  66  FEET 

WIDE1 — ASKEW. 

The  depression  of  street  shall  not  exceed  2.8  feet  below  present  grade  of 
street,  making  elevation  of  subway  not  less  than  16.8  feet  above  city  datum. 
This  level  shall  extend  on  the  west  to  the  south  curb  line  of  Randolph  avenue 
produced,  and  on  the  east  to  the  intersection  of  north  right  of  way  line  with 
south  street  line  of  West  Addison  street.  From  this  level  the  approaches 
shall  extend  on  a grade  of  3.5  feet  in  100  feet  to  intersection  with  present  sur- 
face of  street.  * 

The  width  of  streets  and  sidewalks'  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NORTH  40TH  AVENUE  (NORTH  AND  SOUTH)  66  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  2.2  feet  below  present  grade  of 
street,  making  the  elevation  of  subway  not  less  than  18.4  feet  above  city 
datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  north  right 
of  way  line  with  west  street  line,  and  on  the  south  to  the  intersection  of  the 
south  right  of  way  line  with  east  street  line.  From  this  level  the  approaches 
Shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  North  40th  avenue  to  inter- 
section with  present  surface  of  street,  and  on  a grade  of  4 feet  in  100  feet  in 
Avondale  avenue,  parallel  to  right  of  way,  to  intersection  with  present  sur- 
face of  street. 

The  width  of  streets*  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof,  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  13.5  feet. 


764 


RAILROADS. 


[§  380 


SUBWAY  IN  NORTH  41ST  COURT  (ST.  CHARLES  AVENUE)  (NORTH 
AND  SOUTH),  80  FEET  WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  3.2  feet  below  present  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  21  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  the 
north  right  of  way  line  with  the  west  curb  line,  and  on  the  south  to  the  inter- 
section of  south  right  of  way  line  with  east  curb  line.  From  this  level  the 
approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  to  the  intersection 
with  present  surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  IRVING  PARK  BOULEVARD  (EAST  AND  WEST),  100 
FEET  WIDE' — ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  present  grade  of 
street,  making  the  elevation  of  subway  floor  not  less  than  19.5  feet  above  city 
datum.  This  level  shall  extend  on  the  east  to  the  intersection  of  the  nort'h 
right  of  way  line  with  south  curb  line,  and  on  the  west  to  the  intersection  of 
the  south  right  of  way  line  with  north  curb  line.  From  this  level  the  ap- 
proaches shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  street  and  on  a 
grade  of  4 feet  in  100  feet  in  alleys  to  intersection  with  present  surface  of 
street  and  alleys. 

The  width  of  roadway  shall  be  forty  feet,  and  of  the  sidewalk  on  each 
side,  thirty  feet,  and  two  lines  of  posts  shall  be  placed  in  said  subway  at  the 
curb  lines  and  inside  thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  center  of  road- 
way. 

Minimum  clearance  above  roadway,  13.5  feet. 

SUBWAY  IN  NORTH  42D  AVENUE  (NORTH  AND  SOUTH),  80  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  present  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  21  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  the 
north  right  of  way  line  with  the  west  street  line,  and  on  the  south  to  the 
south  curb  line  of  Irving  Park  boulevard.  From  this  level  the  approaches 
shall  extend  on  a grade  of  3.5  feet  in  100  feet  to  intersection  with  the  present 
surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof,  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NORTH  42ND  COURT  (NORTH  AND  SOUTH).  80  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  4 feet  below  the  present  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  21  feet  above 
city  datum.  This  level  shall  extend  011  the  north  to  the  intersection  of  north 
right  of  way  line  with  west  street  line,  and  on  the  south  to  the  intersection  of 


§3«o] 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


765 


south  right  of  way  line  with  east  street  line.  From  this  level  the  approaches 
shall  extend  on  a grade  of  3.5  feet  in  100  feet  to  intersection  with  present  sur- 
face of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  will  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NORTH  43RD  COJJRT  (NORTH  AND  SOUTH),  66  FEET 

WIDE— ASKEW. 

The  depression  of  street  shall  not  exceed  5 feet  below  the  present  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  21  feet  above 
city  datum.  This  level  shall  extend  on  the  north  to  the  intersection  of  the 
north  right  of  way  line  with  the  west  street  line,  and  on  the  south  to  the  in- 
tersection of  the  south  right  of  way  line  with  the  east  street  line.  From  this 
level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet,  to  inter- 
section writli  the  present  surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadwTay,  12  feet. 

SUBWAY  IN  NORTH  44TH  AVENUE  (FORMERLY  HUNTING  AVENUE), 
66  FEET  WIDE— ASKEW— NORTH  AND  SOUTH. 

The  depression  of  street  shall  not  exceed  7.5  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  21  feet 
above  city  datum.  This  level  shall  extend  to  the  north  and  south  right  of 
way  lines.  From  this  level  the  approaches  shall  extend  on  a grade  of  4 feet 
in  100  feet  in  44th  avenue,  and  in  the  streets  parallel  to  the  right  of  way. 

The  subway  shall  be  66  feet  wide.  The  east  line  of  subway  shall  be  a 
line  connecting  the  east  line  of  44th  avenue  north  of  the  tracks,  with  the  east 
line  of  44th  avenue  south  of  the  tracks;  the  west  line  of  subway  shall  be  66 
feet  west  of  and  parallel  to  the  east  line  of  same.  The  roadway  in  subway 
shall  be  38  feet  wide  between  curb  lines,  and  the  sidewalk  shall  be  14  feet 
wide,  there  will  be  a line  of  posts  for  support  of  girders,  on  each  side  of  road- 
way inside  of  curb  lines.  The  width  of  streets  and  sidewalks  within  the 
limits  of  the  approaches  shall  be  the  same  as  now  exists. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  10  feet. 


SCHEDULE  OF  SUBWAYS— MILWAUKEE  DIVISION. 


SUBWAY  IN  DIVERSEY  AVENUE,  66  FEET  WIDE. 

To  be  constructed  of  such  dimensions  and  according  to  such  plan  as  may 
be  agreed  upon  between  the  Lincoln  park  commissioners  and  the  said  rail- 
way company.  The  alley  on  the  east  side  of  the  right  of  way  and  extending 
north  from  Diversey  avenue  shall  be  excavated  upon  a grade  conforming  to 
the  grade  of  Diversey  avenue  at  the  south  end  of  said  alley,  as  such  grade 
shall  be  established  by  the  board  of  Lincoln  park  commissioners,  and  thence 


766  RAILROADS.  [§  380 

ascending  in  a northerly  direction  upon  a grade  of  four  feet  in  one  hundred 
feet. 

SUBWAY  IN  WELLINGTON  STREET,  66  FEET  WIDE.  [EAST  AND 

W'EST.] 

The  depression  of  street  shall  not  exceed  5 feet  below  city  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  10.1  feet  above 
city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  the 
street  east  of  and  parallel  to  right  of  way,  and  to  10  feet  beyond  the  west 
right  of  way  line.  From  this  level  the  approaches  shall  extend  on  a grade  of 
3.5  feet  in  Wellington  street,  and  on  a grade  of  4 feet  in  100  feet  in  the  street 
parallel  to  the  right  of  way,  to  intersection  with  the  present  surface  of  streets. 

The  width  of  street  and  sidewalks  shall  be  the  same  as  now  exists. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  NOBLE  AVENUE,  66  FEET  WIDE  (EAST  AND  WEST). 

The  depression  of  street  shall  not  exceed  5 feet  below  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  11.5  feet  above 
city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  street 
east  of  and  parallel  to  the  right  of  way  and  to  the  west  right  of  way  line. 
From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet 
in  Noble  street,  and  on  a grade  of  4 feet  in  100  feet  in  streets  parallel  to  the 
right  of  way  to  intersection  with  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exist. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWTAY  IN  BELMONT  AVENUE,  66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  4.5  feet  below  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  11.5  feet  above 
city  datum.  This  level  shall  extend  to  curb  line  on  the  east  side  of  street, 
east  of  and  parallel  to  right  of  way  and  to  the  curb  line  on  the  west  side 
of  street,  west  of  and  parallel  to  right  of  way.  From  this  level  the  approaches 
shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Belmont  avenue,  and  on  a 
grade  of  4 feet  in  100  feet  in  the  streets  parallel  to  the  right  of  way  to  inter- 
section with  the  present  surface  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  13.5  feet. 

SUBWAY  IN  MELROSE  STREET,  66  FEET  WIDE— EAST  AND  WEST. 

The  depression  of  street  shall  not  exceed  2 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  15.3  feet  above  city 
datum.  This  level  shall  extend  to  the  right  of  way  lines.  From  this  level 
the  approaches  shall  extend  on  a grade  of  4 feet  in  100  feet  along  Melrose 
street  and  along  the  streets  parallel  to  the  right  of  way  to  intersection  with 
present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  10  feet. 


§ 38°] 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


767 


SUBWAY  IN  SCHOOL  STREET,  66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed'  2.8  feet  below  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  13.5  feet  above 
city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  street 
east  of  and  parallel  to  right  of  way  and  to  the  curb  line  on  the  west  side  of 
street  west  of  and  parallel  to  the  right  of  way.  From  this  level  the  ap- 
proaches shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  School  street,  and 
on  a grade  of  4 feet  in  100  feet  in  the  streets  parallel  to  the  right  of  way  to 
intersection  with  the  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  ROSCOE  STREET,  66  FEET  WIDE. 

The  depression  of  streets  shall  not  exceed  2.5  feet  below  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  14  feet  above 
city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  street 
east  of  and  parallel  to  the  right  of  way,  and  to  the  curb  line  on  the  west  side 
of  street  west  of  and  parallel  to  the  right  of  way.  From  this  level  the  ap- 
proaches shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Roscoe  street,  and 
on  a grade  of  4 feet  in  100  feet  in  streets  parallel  to  right  of  way  to  inter- 
section with  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  CORNELIA  STREET,  66  FEET  WIDE.  [EAST  AND  WEST.] 

The  depression  of  street  shall  not  exceed  4 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  14.5  feet  above  city 
datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  street 
east  of  and  parallel  to  the  right  of  way,  and  to  the  curb  line  on  the  west 
side  of  street  west  of  and  parallel  to  the  right  of  way.  From  this  level  the 
approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Cornelia  street, 
and  on  a grade  of  4 feet  in  100  feet  in  streets  parallel  to  the  right  of  way  to 
intersection  with  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  ADDISON  STREET,  73  FEET,  AND  LINCOLN  AVENUE- 
ASKEW— 66  FEET,  COMBINED. 

The  depression  of  street  shall  not  exceed  4 feet  below  the  city  grade  of 
streets,  making  the  elevation  of  floor  of  subway  not  less  than  13.5  feet  above 
city  datum.  This  level  shall  extend  in  Addison  street  to  the  east  curb  line 
of  street  east  of  and  parallel  to  right  of  way,  and  to  the  west  curb  line  of 
street  west  of  and  parallel  to  right  of  way,  and  in  Lincoln  avenue  this  level 
shall  extend  to  a point  65  feet  southeasterly  from  the  east  right  of  way  line, 
and  to  a point  65  feet  northwesterly  from  the  west  right  of  way  line.  From 
this  level,  the  approaches  in  Addison  street  and  Lincoln  avenue  shall  extend 
on  a grade  of  3.5  feet  in  100  feet,  and  in  the  streets  parallel  to  the  right  of 


768  RAILROADS.  [§  380 

way  on  a grade  of  4 feet  in  100  feet,  to  intersection  with  present  surfaces  of 
streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  to  support 
girders  and  in  the  center  of  Lincoln  avenue. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  13.5  feet. 

SUBWAY  IN  GRACE  STREET,  66  FEET  WIDE.  [EAST  AND  WEST.] 

The  depression  of  street  shall  not  exceed  4 feet  below  the  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  16  feet  above 
city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  the 
street  east  of  and  parallel  to  the  right  of  way,  and  to  the  curb  line  on  the 
west  side  of  street  wTest  of  and  parallel  to  the  right  of  way.  From  this  level 
the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Grace  street, 
and  on  a grade  of  4 feet  in  100  feet  in  the  streets  parallel  to  the  right  of  way 
to  intersection  with  the  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

Thd  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum* clearance  above  roadway,  12  feet. 

SUBWAY  IN  IRVING  PARK  BOULEVARD,  100  FEET  WIDE.  [GRACE- 

LAND  AVENUE.] 

The  depression  of  street  shall  not  exceed  3 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  16  feet  above  city 
datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  street 
east  of  and  parallel  to  right  of  way,  and  to  the  curb  line  on  west  side  of 
street  west  of  and  parallel  to  right  of  way.  From  this  level  the  approaches 
shall  extend  in  Irving  Park  boulevard  on  a grade  of  3.5  feet  in  100  feet,  and 
in  north  and  south  streets  on  a grade  of  4 feet  in  100  feet  to  intersection  with 
present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  in  the  limits  of  the  approaches  shall 
be  the  same  as  now  exists,  but  the  subway  shall  have  a roadway  of  60  feet 
divided  by  a line  of  posts  in  center  of  same,  and  shall  have  two  sidewalks  of 
20  feet  each. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway,  except  at  southeast  corner  of  approaches,  wrhere  they  will  remain 
as  they  are  and  be  connected  with  street  level  by  suitable  stone  steps. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  BERTEAU  AVENUE,  80  FEET. 

The  depression  of  streets  shall  not  exceed  4.30  feet  below  present  grade 
in  Berteau  avenue,  making  the  elevation  of  floors  of  subways  not  less  than 
16  feet  above  city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east 
side  of  street  east  of  and  parallel  to  the  right  of  way,  and  to  the  curb  line  on 
the  west  side  of  street  west  of  and  parallel  to  the  right  of  way.  From  this 
level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  the 
east  and  west  streets  (as  above  named)  and  on  a grade  of  4 feet  in  100  feet 
in  the  north  and  south  streets  (parallel  to  the  right  of  way)  to  intersection 
With  the  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  in  the  limits  of  the  approaches  shall 
be  the  same  as  now  exists,  but  the  aggregate  width  of  the  roadway  and  side- 
walks in  the  subway  shall  be  sixty-six  feet  and  shall  correspond  to  the  width 
of  the  existing  street  and  sidewalk  on  the  west  side  of  the  railway. 


§ 38o] 


CHICAGO  & NORTR  WESTERN  RAILWAY  COMPANY. 


769 


The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  the  roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  MONTROSE  AVENUE,  80  FEET. 

The  depression  of  streets  shall  not  exceed  4.50  feet  below  present  grade 
in  Montrose  avenue,  making  the  elevation  of  floors  of  subways  not  less  than 
10  feet  above  city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east 
side  of  street  east  of  and  parallel  to  the  right  of  way,  and  to  the  curb  line 
on  the  west  side  of  street  west  of  and  parallel  to  the  right  of  way.  From 
this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  the 
east  and  west  streets  (as  above  named),  and  on  a grade  of  4 feet  in  100  feet 
in  the  north  and  south  streets  (parallel  to  the  right  of  way)  to  intersection 
with  the  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  the  roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  SUNNYSIDE  AVENUE,  80  FEET  WIDE.  [EAST  AND 

WEST.] 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  18  feet  above 
city  datum.  This  level  shall  extend  to  the  east  and  west  right  of  way  lines. 
From  this  level  the  approaches  shall  extend  in  Sunnyside  avenue  easterly  to 
intersection  with  present  surface  of  East  Ravenswood  park  at  east  street 
line,  and  westerly  to  intersection  with  present  surface  of  West  Ravenswood 
park  at  west  street  line;  the  approaches  in  East  and  West  Ravenswood  park 
streets,  parallel  to  right  of  way,  will  have  a grade  of  not  more  than  3.5  feet 
in  100  feet  at  the  right  of  way  lines. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  inside 
thereof  to  support  girders. 

The  depression  of  sidewalks  in  subway  proper  will  be  uniform  and  level 
with  the  center  of  Toadway;  but  in  the  approaches  in  Eiast  and  West  Ravens- 
wood park  the  level  of  the  sidewalks  at  property  lines  of  residents  will  be 
the  same  as  at  present  except  at  right  of  way  lines  where  the  curbstones  will 
be  depressed  uniform  with  roadway. 

Minimum  clearance  above  roadway,  10  feet. 


SUBWAY  IN  WIDSON  AVENUE,  80  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  2 feet  below  the  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  18  feet  above 
city  datum.  This  level  shall  extend  to  the  east  and  west  right  of  way  lines. 
From  this  level  the  approaches  shall  extend  in  Wilson  avenue  easterly  to  in- 
tersection with  the  present  surface  of  East  Ravenswood  park  at  east  street 
line,  and  westerly  to  intersection  with  present  surface  of  West  Ravenswood 
park;  at  west  street  line,  the  approaches  in  East  and  West  Ravenswood  park 
will  have  a grade  of  not  more  than  3.5  feet  in  100  feet  at  the  right  of  way 
lines. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  aft  the1  curb  lines  and  inside 
thereof  to  support  girders. 


49 


RAILROADS. 


[§  380 


770 


The  depression  of  sidewalks’  in  subway  proper  will  be  uniform  and  level 
with  the  center  of  roadway,  but  in  the  approaches  in  the  streets  parallel  to 
the  right  of  way,  the  level  of  the  sidewalks  at  property  lines  of  the  residents 
will  be  the  same  as  at  present,  except  at  right  of  way  lines  where  the  curb- 
stones will  be  depressed  uniform  with  roadway. 

Minimum  clearance  above  roadway,  10  feet. 


SUBWAY  IN  LELAND  AVENUE,  SO  FEET  WIDE.  [EAST  AND  WEST.] 

The  depression  of  street  shall  not  exceed  2 feet  below  city  grade  of  street, 
making  the  elevation  of  floor  of  subway  not  less  than  18  feet  above  city 
datum.  This  level  shall  extend  to  the  east  and  west  right  of  way  lines.  From 
this  level  the  approaches  shall  extend  in  Leland  avenue  easterly  to  intersec- 
tion with  the  present  surface  of  East  Ravenswood  park  at  east  street  line, 
and  westerly  to  intersection  with  present  surface  of  West  Ravenswood  park 
at  west  street  line. 

The  approaches  in  East  and  West  Ravenswood  park  will  have  a grade 
of  not  more  than  3.5  feet  in  100  feet  at  the  right  of  way  lines. 

The  width  of  streets  and  sidewalks  within  the  limits  of  approaches  shall 
be  the  same  as  now  exists,  but  in  the  subway  proper  the  roadway  will  be 
40  feet  wide,  with  20  feet  sidewalks  on  each  side,  and  two  lines  of  posts  shall 
be  placed  in  said  subway  at  the  curb  lines  and  inside  thereof  to  support 
girders. 

The  depression  of  sidewalks  in  subway  proper  will  be  uniform  and  level 
with  the  center  of  roadway,  but  in  approaches  in  streets  parallel  to  the  right 
of  way,  the  level  of  the  sidewalks  at  property  lines  of  residents  will  be  the 
same  as  at  present,  except  near  right  of  way  iines,  where  the  curbstones  will 
be  depressed  uniform  with  roadway. 

Minimum  clearance  above  roadway,  10  feet. 


SUBWAY  IN  LAWRENCE  AVENUE,  80  FEET. 

The  depression  of  streets  shall  not  exceed  4.00  feet  below  present  grade 
in  Lawrence  avenue,  making  the  elevation  of  floors  of  subways  not  less  than 
16  feet  above  city  datum.  This  level  shall  extend  to  the  curb  line  on  the 
east  side  of  street  east  of  and  parallel  to  the  right  of  way,  and  to  the  curb  line 
on  the  west  side  of  street  west  of  and  parallel  to  the  right  of  way.  From 
this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  the 
east  and  west  streets  (as  above  named),  and  on  a grade  of  4 feet  in  100 
feet  in  the  north  and  south  streets  (parallel  to  the  right  of  way)  to  intersec- 
tion with  the  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines  and  in- 
side thereof  to  support  girders. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  the  roadway,  except  at  Wilson  avenue,  where  they  will  remain  as  they 
are  and  be  connected  with  street  level  by  suitable  stone  steps. 

Minimum  clearance  above  roadway.  12  feet. 

SUBWAY  IN  WINNEMAC  AVENUE,  80  FEET. 

The  depression  of  streets  shall  not  exceed  3.50  feet  below  present  grade 
in  Winnemac  avenue,  making  the  elevation  of  floors  of  subways  not  less  than 
16  feet  above  city  datum.  This  level  shall  extend  to  the  curb  line  on  the 
east  side  of  street  east  of  and  parallel  to  the  right  of  way,  and  to  the  curb 
line  on  the  west  side  of  street  west  of  and  parallel  to  the  right  of  way.  From 
this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  the 
east  and  west  streets  (as  above  named),  and  on  a grade  of  4 feet  in  100  feet 


§38i] 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


771 


In  the  north  and  south  streets  (parallel  to  the  right  of  way)  to  intersection 
with  the  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  in  the  limits  of  the  approaches  shall 
be  the  same  as  now  exists,  but  the  aggregate  width  of  the  roadway  and  side- 
walks in  the  subway  shall  be  sixty-six  feet  and  shall  correspond  to  the  width 
of  the  existing  street  and  sidewalk  on  the  east  side  of  the  railway. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  the  roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  FOSTER  AVENUE,  66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  4.1  feet  below  present  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  16  feet  above 
city  datum.  This  level  shall  extend  to  the  curb  line  on  the  east  side  of  street 
east  of  and  parallel  to  right  of  way,  and  to  the  curb  line  on  the  west  side  of 
the  street  west  of  and  parallel  to  right  of  way.  From  this  level  the  ap- 
proaches shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Foster  avenue,  and 
on  a grade  of  4 feet  in  100  feet  in  the  north  and  south  street,  to  intersection 
with  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

Depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  BALMORAL  AVENUE,  66  FEET  WIDE.  [EAST  AND 

WEST.] 


The  depression  of  street  shall  not  exceed  4 feet  below  the  city  grade  of 
street,  making  the  elevation  of  floor  of  subway  not  less  than  16  feet  above 
city  datum.  This  level  shall  extend  to  the  curb  lines  in  the  east  side  of 
street  east  of  and  parallel  to  the  right  of  way,  and  to  the  curb  line  in  the 
west  side  of  street  west  of  and  parallel  to  the  right  of  way.  From  this  level 
the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Balmoral  ave- 
nue, and  on  a grade  of  4 feet  in  100  feet  in  the  streets  parallel  to  the  right  of 
way,  to  intersection  with  the  present  surfaces  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12  feet. 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 

§ 381.  Illinois  Central  Railroad  company. 

If  1.  Preamble. 

IT  2.  Fifty-first  street  to  Sixty-seventh  street. 

TT  3.  Embankment. 

*f  4.  Open  spaces — extension  of  streets — drainage. 

IT  5.  Subways. 

IT  6.  Cost  of  depressing  and  paving  streets,  etc.,  to  be  borne  by 
company. 


RAiLROAbS. 


W2 


t§  381 


7.  Commencement  and  completion  of  work. 

8.  Branches  near  Sixty-first,  Sixty-seventh  and  Sixty-ninth 

streets — change  of  grade  to  connect. 

*\\  9.  Rights  of  company — -power  of  city, 

i 10.  Land  and  business  damages  assumed  by  company. 

11.  When  in  force — acceptance. 

An  ordinance  requiring  the  Illinois  Central  Railroad  company  to  raise  its  road- 
bed and  tracks  between  Fifty-first  and  Sixty-seventh  streets  in  the  city  of 
Chicago.  (Passed  May  23,  1892.  Accepted  June  20,  1892.) 

T 1.  Preamble.]  Whereas,  in  order  to  provide  increased  facili- 
ties for  the  conveyance  of  passengers  and  freight  to  and  from  Jackson 
park  during  the  continuance  of  the  World’s  Fair,  to  be  held  there  in 
the  year  1893,  and  to  remove  as  far  as  practicable  impediments  to  the 
future  use  of  the  public  streets  intersecting  the  tracks  of  the  Illinois 
Central  Railroad  Company  between  Fifty-first  street  and  Sixty-seventh 
street,  both  inclusive,  the  public  interests  imperatively  require  that  the 
railroad  tracks  of  that  company  within  the  aforesaid  limits  shall  be 
raised  to  a sufficient  height  above  the  present  surface  of  the  roadbed 
to  admit  of  the  intervening  streets  being  carried  under  the  said  tracks. 

1 2.  Fifty-first  street  to  Sixty-seventh  street.]  Be  it,  there- 
fore, ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
permission  and  authority  are  hereby  given  the  Illinois  Central  Railroad 
Company,  and  the  said  company  is  hereby  required,  to  elevate  its  road- 
bed and  tracks  between  the  north  line  of  Fifty-first  street  and  the 
south  line  of  Sixty-seventh  street  in  the  city  of  Chicago  to  the  height 
of  eighteen  (18)  feet  above  the  city  datum  at  Fifty-first  street,  thence 
rising  by  a gradual  ascent  to  nineteen  (19)  feet  above  city  datum  at 
Fifty-third  street,  which  elevation  shall  be  maintained  as  far  south  as 
the  south  line  of  Sixty-seventh  street. 

Provided,  such  grade  shall  not  extend  on  the  north  farther  than 
Forty-seventh  street,  and,  provided,  such  grade  shall  not  extend 
farther  than  Seventy-first  street  on  the  south. 

The  railroad  tracks  laid  upon  the  elevated  roadbed  may  be  con- 
nected with  the  surface  tracks  at  each  end  by  the  use  of  such  gradients 
as  the  company  shall  deem  necessary  for  the  efficient  operation  of  its 
railroad. 

If  3.  Embankment.]  § 2.  The  new  roadbed  shall  be  con- 
structed upon  a solid  embankment  of  earth  or  other  suitable  material, 
except  at  the  street  intersections,  and  shall  be  of  sufficient  width  to 
admit  of  the  construction  and  maintenance  of  not  less  than  ten  (10) 
tracks  thereon.  The  work  shall  conform'  as  nearly  as  may  be  to  the 
plans  shown  upon  the  drawings  hereto  annexed,  and  which  are  hereby 
made  a part  of  this  ordinance,  and  shall  be  done  under  the  super- 
vision and  direction  of  the  commissioner  of  public  works  of  the  city  of 
Chicago;  but  the  company  shall  be  at  liberty  to  increase  the  width 
of  the  roadbed  and  lay  additional  tracks  thereon  at  any  time  or  times 
hereafter,  to  such  extent,  within  the  limits  of  its  present  right  of  way, 
as  the  necessities  of  its  business  shall  seem  to  it  to  require. 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


773 


381' 


4.  Open  spaces— extension  of  streets— drainage.]  § 3. 

Open  spaces  shall  be  left  in  the  embankment  for  all  streets  now  cross- 
ing the  right  of  way  of  said  company,  also  for  the  extension  of  Fifty- 
fifth,  Fifty-sixth,  Fifty-seventh,  Sixtieth,  Sixty-fourth,  Sixty-fifth  and 
Sixty-sixth  streets,  across  the  right  of  way,  corresponding  in  width 
to  the  width  of  the  respective  streets  at  the  place  of  crossing;  and 
abutments  of  solid  stone  or  brick  masonry  shall  be  constructed  and 
maintained  by  said  railr  oad  company  on  each  side  of  such  open  spaces 
and  clear  of  the  line  of  the  streets.  In  order  to  furnish  available  room 
for  the  use  of  the  railroad  company  on  either  side  of  the  street  cross- 
ings beneath  the  tracks,  the  abutments  may  be  set  back  at  such  dis- 
tance from  the  line  of  the  street  as  may  be  deemed  necessary.  The 
tracks  shall  be  carried  across  these  open  spaces  upon  iron  or  steel 
girders,  for  the  support  of  which  a row  of  iron  or  steel  posts  may  be 
placed  along  the  curb  line  on  each  line  of  the  street  below ; these  curb 
lines  to  be  parallel  to  and  to  be  fixed  at  equal  distances  from  the  center 
of  the  street,  and  at  a distance  from  each  other  equivalent  to  sixty 
(60)  per  cent  of  the  width  of  the  street.  Suitable  fenders  may  be  placed 
at  the  base  of  each  post  to  protect  it  from  injury  from  passing  vehicles. 
No  part  of  the  girders  of  superstructure  supporting  the  railroad  tracks 
shall  be  less  than  eighteen  (18)  feet  above  the  city  datum  at  Fiity- 
first  street,  nor  less  than  nineteen  (19)  feet  at  the  other  street  crossings. 
Said  work  shall  be  done  under  the  direction  and  supervision  of  the 
commissioner  of  public  works. 

There  also  shall  be  left,  south  of  and  adjoining  a line  66  feet  south 
of  the  north  line  of  Fifty-ninth  street,  and  north  of  and  adjoining  a line 
66  feet  north  of  the  south  line  of  Sixtieth  street,  at  both  places,  an 
opening  not  less  than  50  feet  wide,  in  the  clear,  at  all  points,  and 
north  of  the  southerly  opening  and  south  of  the  northerly  opening 
there  shall  be  left  openings  not  less  than  12  feet  wide,  in  the  clear,  at 
all  points.  The  support  for  the  tracks  between  the  larger  and  smaller 
openings  shall  be  iron  or  steel  columns,  and  at  the  extremities  of  the 
openings  shall  be  stone  abutments  with  rock  face  coursed  masonry 
on  the  exposed  surfaces,  with  suitable  slope  walls  at  either  end.  The 
entire  structure  shall  be  tightly  floored  knd  concreted.  In  case  it  shall 
be  necessary  to  depress  the  said  roadways  running  under  tracks,  the 
said  railroad  company  shall  provide  and  maintain  an  efficient  system 
of  underground  sewerage  to  carry  off  the  surface  water.  There  shall 
also  be  constructed  and  properly  lighted  and  maintained,  by  said  rail- 
road company,  a suitable  pedestrian  subway,  at  the  place  of  the  ex- 
tension of  Sixty-second  street,  said  subway  to  be  an  arch  of  masonry 
not  less  than  ten  (10)  feet  in  width  and  ten  (10)  feet  in  height,  and  as 
nearly  as  practicable  at  the  present  street  grade. 

If  5.  Subways.]  § 4.  All  streets,  avenues,  alleys  and  highways 
now  crossing  said  railroad,  or  that  may  be  hereafter  extended  across 
the  same,  between  Forty-seventh  street  and  Sixty-seventh  street,  shall 
be  carried  under  the  tracks  of  the  said  railroad,  and  at  all  openings 


774 


RAILROADS. 


[§  381 

required  to  be  left  in  the  embankment  for  that  purpose  by  the  terms 
of  this  ordinance,  said  railroad  company  shall  cause  the  surface  of  the 
ground  to  be  depressed  to  a sufficient  depth  to  leave  a clear  space 
between  the  surface  of  the  roadway  when  completed  and  the  super- 
structure of  the  railroad  carried  over  it,  not  less  than  eleven  (11)  feet 
at  Fifty-first  street  and  Fifty-third  street,  and  not  less  than  twelve  (12) 
feet  at  Fifty-fifth  street,  Fifty-sixth  street.  Fifty-seventh  street,  Fifty- 
ninth  street  and  Sixtieth  street,  and  not  less  than  twelve  and.  a half 
(i2y2)  feet  at  Sixty-third  street,  Sixtv-fourth  street,  Sixty-fifth  street, 
Sixty-sixth  street  and  Sixty-seventh  street. 

T 6.  Cost  of  depressing  and  paving  streets,  etc.,  to  be  borne 
by  company.]  § 5.  The  cost  of  constructing  suitable  approaches  to 
the  depressed  streets  under  the  railroad  tracks,  and  of  paving  the  streets 
under  the  railroad  tracks  and  the  approaches  thereto,  and  constructing 
suitable  sidewalks  and  providing  for  water  pipes  and  drainage  in  said 
depressed  streets,  shall  be  paid  by  the  railroad  company,  the  work  to 
be  done  in  accordance  with  plans  approved  by  the  commissioner  of 
public  works  and  under  his  direction. 

1 7.  Commencement  and  completion  of  work.]  § 6.  The 
work  herein  required  to  be  done  shall  be  commenced  as  soon  as  prac- 
ticable and  be  thenceforth  continuously  and  diligently  prosecuted,  and 
shall  be  completed  on  or  before  the  first  day  of  May,  1893.  The  work 
shall  be  done  in  such  manner  as  not  to  unnecessarily  obstruct  the  op- 
eration of  the  railroad  or  the  use  of  the  streets;  but  such  temporary 
interference  with  the  use  of  the  streets  as  shall  be  found  necessary 
in  the  proper  prosecution  of  the  work  is  hereby  permitted. 

T 8.  Branches  near  61st,  67th  and  69th  streets — change  of 
grade  to  connect.]  § 7.  In  order  to  maintain  the  connections  with 
the  branch  railroad  leading  to  Washington  park,  at  or  near  61st 
street,  the  branch  railroad  leading  to  the  Oakwood  cemetery  at  or 
near  67th  street,  and  the  connection  with  the  South  Chicago  Railroad 
in  the  vicinity  of  69th  street,  the  location  and  grade  of  said  branches, 
and  said  South  Chicago  Railroad  may  be  so  changed,  raised  and  modi- 
fied as  may  be  necessary  to  obtain  a suitable  and  convenient  connection 
and  approach  to  the  elevated  tracks  of  said  Illinois  Central  Railroad 
Company. 

1 9.  Rights  of  company— power  of  city.]  § 8.  The  said  rail- 
road company,  its  successors  and  assigns,  shall  have  the  right  of  main- 
taining and  using  the  said  elevated  railroad,  and  may  exercise  all  such 
powers,  authority  and  control  over  or  in  respect  to  the  same  as  may 
be  now  lawfully  exercised  by  it  upon  any  part  of  its  line  within  the 
city  of  Chicago;  but  nothing  herein  contained  shall  be  held  to  limit 
or  impair  the  lawful  authority,  power  or  control  over  railroads  vested 
in  the  city  council. 

IT  10.  Land  and  business  damages  assumed  by  company.] 

§ 9.  The  consent,  permission  and  authority  hereby  given  are  upon 


382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES. 


775 


the  further  express  condition  that  the  said  Illinois  Central  Railroad 
Company  shall  and  will  forever  indemnify  and  save  harmless  the  city 
of  Chicago  against  any  and  all  damages  of  every  kind  and  character, 
including  land!  and  business  damages,  and  any  and  all  damages  to 
property  of  every  kind  and  character,  and  from  any  and  all  damages, 
judgments,  decrees  and  costs,  and  expenses  of  the  same,  which  it  may 
suffer,  or  which  may  be  recovered  or  obtained  against  said  city  for 
or  by  reason  of  the  granting  of  or  resulting  from  the  passage  of  this 
ordinance,  or  any  manner  or  thing  connected  therewith,  or  with  the 
exercise  by  said  company  of  any  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  the  said  company  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

1"  11.  When  in  force — acceptance.]  § 10.  This  ordinance 

shall  take  effect  and  be  in  force  from  and  after  its  acceptance  by  said 
corporation  under  its  corporate  seal;  provided,  that  if  the  said  com- 
pany shall  not  file  with  the  city  clerk  its  formal  acceptance  of  the  terms 
and  conditions  of  this  ordinance  within  thirty  days  from  the  passage 
hereof,  then  all  rights  and  privileges  hereby  granted  shall  be  wholly 
null  and  void  and  of  no  effect. 


LAKE  SHORE  & MICHIGAN  SOUTHERN  AND  CHICAGO, 
ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANIES. 

§ 382.  Lake  Shore  & Michigan  Southern  and  Chicago,  Rock 
Island  & Pacific  Railway  companies. 

IT  1.  Authority  to  elevate — limits — gradients. 

■if  2.  Lake  Shore  tracks  south  of  divergence, 
it  3.  Rock  Island  tracks  south  of  divergence. 
y\  4.  Subways  under  joint  right  of  way — under  individual  tracks. 
y\  5.  Specifications  for  subways — supervision. 
iT  6.  Drainage  of  subways. 

y\  7.  Location  of  sewers,  etc. — change  of — deflection. 

If  8.  Bridges  at  crossings — embankments — walls. 

9.  Location  of  abutments — station  buildings,  etc. 
it  10.  Construction  of  subways  subject  to  city’s  approval. 
y\  11.  Street  obstructions  during  work  of  elevation, 
it  12.  Commencement  of  work — prosecution  of. 
it  13.  Submission  of  plans  prior  to  elevation, 
it  14.  Removal  of  obstructions, 
it  15.  Rights  reserved. 

it  16.  Commencement  and  prosecution  of  work, 
it  17.  Failure  to  comply — penalty, 
it  18.  Trespassing — penalty. 

it  19.  Ordinances  as  to  speed,  etc.,  not  to  apply — lighting  subways, 
it  20.  Suits  to  enforce  compliance. 

if  21.  When  in  force — conditions— agreement — damages. 


776 


RAILROADS. 


[§  382 


An  ordinance  requiring  the  Lake  Shore  & Michigan  Southern  Railway  company 
and  the  Chicago,  Rock  Island  & Pacific  Railway  company  to  elevate  the 
plane  of  certain  of  their  railway  tracks  within  the  city  of  Chicago.  (Passed 
July  9,  1894.) 

1.  Authority  to  elevate — limits — gradients.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  The  Lake 

Shore  and  Michigan  Southern  Railway  Company  and  the  Chicago, 
Rock  Island  and  Pacific  Railway  Company  are  hereby  ordered  and  re- 
quired to  elevate  the  plane  of  their  roadbed  and  tracks  within  certain 
limits  of  the  city  of  Chicago,  in  the  manner  and  upon  the  conditions 
hereinafter  specified,  that  is  to  say: 

Beginning  at  a point  on  the  south  side  of  the  right  of  way  of  the 
Saint  Charles  Air  Line  Railroad,  where  said  right  of  way  is  intersected 
and  crossed  by  the  right  of  way  of  the  said  Lake  Shore  and  Michigan 
Southern  Railway  Company,  and  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company,  the  plane  of  the  tracks  of  said  two  last 
named  companies  shall  rise  on  a gradient  of  not  less  than  one-half  of 
one  per  centum,  southerly  from  said  initial  point,  for  a length  or  dis- 
tance of  about  two  thousand  (2,000)  feet,  to  a point  about  fifty  (50) 
feet  north  of  the  north  line  of  Archer  avenue,  where  an  elevation, 
above  the  plane  of  the  existing  roadbed,  of  not  less  than  nine  and  one- 
half  feet  shall  be  reached,  and  attaining,  within  the  limits  of  said  rising 
grade  southward  from  said  initial  point,  elevations  above  the  plane  of 
said  existing  roadbed  of  not  less  than  one  (1)  foot  at  16th  street,  two 
(2)  feet  at  17th.  street,  four  (4)  feet  at  18th  street,  six  and  one-half 
(6.5)  feet  at  19th  street,  and  eight  and  one-half  (8.5)  feet  at 
20th  street.  Thence  said  elevated  roadbed  and  tracks  shall  continue 
for  a length  or  distance  of  about  three  thousand  (3,000)  feet,  to  a point 
about  one  hundred  and  twenty  (120)  feet  south  of  the  south  line  of 
25th  street,  within  which  said  length  or  distance  of  about  three  thou- 
sand (3,000)  feet,  elevations  above  the  plane  of  said  existing  roadbed 
shall  be  attained,  of  not  less  than  nine  and  one-half  (9.5)  feet  at  Archer 
avenue,  eight  and  one-half  (8.5)  feet  at  21st  street,  eleven  (11)  feet  at 
22nd  street  and  ten  (10)  feet  at  23rd,  24th  and  25th  streets;  thence  said 
elevated  roadbed  and  tracks  shall  continue  and  shall  rise  on  a gradient 
of  about  two-tenths  of  one  per  centum  for  a further  length  or  distance 
of  about  two  thousand  (2,000)  feet,  to  a point  about  one  hundred  and 
twenty-five  (125)  feet  south  of  the  south  line  of  29th  street,  within 
which  said  length  or  distance  of  about  two  thousand  (2,000)  feet,  ele- 
vations above  the  plane  of  said  existing  roadbed  shall  be  attained  of 
not  less  than  ten  (10)  feet  at  26th  street,  at  Spring  street  and  at  27th 
street,  and  not  less  than  nine  and  one-half  (9.5)  feet  at  29th  street 
Thence  said  elevated  roadbed  and  tracks  shall  continue  for  a further 
length  or  distance  of  about  three  thousand  (3,000)  feet,  to  a point 
about  four  hundred  and  sixty-five  (465)  feet  south  of  the  south  line  of 
33rd  street,  within  which  said  length  or  distance,  of  about  three  thou- 
sand (3,000)  feet,  elevations  above  the  plane  of  said  existing  roadbed 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES.  t77 

shall  be  attained  of  not  less  than  nine  and  one-half  (9.5)  feet  at  30th 
street,  ten  and  one-fourth  (10.25)  feet  at  31st  street,  nine  and  one- 
fourth  (9.25)  feet  at  32nd  street,  and  nine  (9)  feet  at  33rd  street.  Thence 
said  elevated  roadbed  and  tracks  shall  continue  and  shall  rise  on  a 
gradient  of  about  one-fourth  of  one  per  centum,  for  a further  length 
or  distance  of  about  eight  hundred  (800)  feet,  to  a point  at  or  near  the 
north  line  of  35th  street,  from  which  said  point  they  shall  continue  for 
a further  length  or  distance  of  about  three  thousand  three  hundred 
and  fifty  (3,350)  feet  to  a point  at  or  near  the  south  line  of  40th  street, 
within  which  said  length  or  distance  of  about  four  thousand1  one  hun- 
dred and  fifty  (4,150)  feet  elevations  above  the  plane  of  said  existing 
roadbed  shall  be  attained  of  not  less  than  ten  and  one-half  (10.5)  feet 
at  35th  street,  and  of  not  less  than  ten  (10)  feet  at  37th,  38th,  39th  and 
40th  streets.  Thence  said  elevated  road-bed  and  tracks  shall  continue 
and  shall  descend  on  a gradient  of  about  two-tenths  of  one  per  centum 
for  a length  or  distance  of  about  one  thousand  (1,000)  feet,  and  of 
about  three-tenths  of  one  per  centum  for  a further  length  or  distance 
of  about  one  thousand  (1,000)  feet,  within  which  said  length  or  dis- 
tance of  about  two  thousand  (2,000)  feet,  elevations  above  the  plane  of 
said  existing  roadbed  shall  be  attained  of  not  less  than  eight  (8)  feet  at 
Root  street,  and  of  four  and  one-half  (4.5)  feet  at  43d  street.  Thence 
said  elevated  roadbed  and  tracks  shall  continue  for  a further  length  or 
distance  of  about  one  thousand  (1,000)  feet,  to  a point  about  two  hun- 
dred (200)  feet  north  of  the  north  line  of  45th  street,  within  which  said 
length  or  distance  of  about  one  thousand  (1,000)  feet,  an  elevation 
above  the  plane  of  said  existing  roadbed  shall  be  attained  of  not  less 
than  five  (5)  feet  at  44th  street.  Thence  said  elevated  roadbed  and 
tracks  shall  continue  and  shall  rise  on  a gradient  of  about  three-tenths 
of  one  per  centum  for  a further  length  or  distance  of  about  one  thou- 
sand (1,000)  feet,  to  a point  about  six  hundred  (600)  feet  north  of  the 
north  line  of  47th  street,  within  which  said  length  or  distance  of  about 
one  thousand  (1,000)  feet,  elevations  above  the  plane  of  said  existing 
roadbed  shall  be  attained  of  not  less  than  six  (6)  feet  at  45th  street  and 
45th  court.  Thence  said  elevated  roadbed  and  tracks  shall  continue 
for  a further  length  or  distance  of  about  seven  hundred  (700)  feet,  to 
a point  about  sixty  (60)  feet  south  of  the  south  line  of  47th  street, 
within  which  said  length  or  distance  of  about  seven  hundred  (700) 
feet,  an  elevation  above  the  plane  of  said  existing  roadbed  of  not  less 
than  eight  and  one-half  (8.5)  feet  shall  be  attained  at  47th  street. 
Thence  said  elevated  roadbed  and  tracks  shall  continue  and  they  shall 
descend  on  a gradient  of  about  three-tenths  of  one  per  centum  for 
a further  length  or  distance  of  about  one  thousand  (1,000)  feet,  from 
which  latter  point  they  shall  further  continue  for  a length  or  distance 
of  about  two  thousand  three  hundred  (2,300)  feet,  within  which  said 
length  or  distance  of  about  three  thousand  three  hundred  (3,300) 
feet,  an  elevation  of  not  less  than  five  (5)  feet  above  the  plane  of  said 


RAILROADS. 


existing  roadbed  shall  be  attained  at  51st  street.  Thence  said  elevated 
roadbed  and  tracks  shall  continue  and  shall  rise  on  a gradient  of  about 
thirty-three-hundredths  of  one  per  centum,  for  a further  length  or  dis- 
tance of  about  one  thousand  eight  hundred  (1,800)  feet  to  a point 
about  one  hundred  (100)  feet  north  of  the  north  line  of  55th  street, with- 
in which  said  length  or  distance  of  about  one  thousand  eight  hundred 
(1,800)  feet,  an  elevation  of  not  less  than  six  (6)  feet  above  the  plane  of 
said  existing  roadbed  shall  be  attained  at  53rd  street.  Then  said  ele- 
vated roadbed  and  tracks  shall  continue  for  a further  length  or  dis- 
tance of  about  four  thousand  three  hundred  (4,300)  feet  to  a point  at 
or  near  the  south  line  of  61  st  street,  within  which  said  length  or  dis- 
tance of  about  four  thousand  three  hundred  (4,300)  feet,  elevations 
above  the  plane  of  said  existing  roadbed  shall  be  attained  of  not  less 
than  nine  (9)  feet  at  55th  and  57th  streets,  at  Cloud  court  and  at  59th, 
60th  and  61  st  streets. 

The  right  of  way  upon  the  line  hereinbefore  defined  being  owned, 
maintained  and  operated  jointly  by  the  said  Lake  Shore  and  Michigan 
Southern  Railway  Company  and  the  said  Chicago,  Rock  Island  and 
Pacific  Railway  Company,  the  work  of  constructing  said  elevated 
road-bed  and  tracks,  as  hereinbefore  described  and  specified,  shall  be 
done  and  performed  by  said  railway  companies  jointly. 

1 2.  Lake  Shore  tracks  south  of  divergence.]  § 2.  From 
the  point  where  the  said  roadbed  and  tracks,  so  to  be  elevated  as  afore- 
said, cease  to  be  common  as  between  said  railway  companies,  and 
where  the  line  of  the  said  Lake  Shore  and  Michigan  Southern  Railway 
Company  separates  and  diverges  from  the  line  of  the  said  Chicago, 
Rock  Island  and  Pacific  Railway  Company,  the  said  Lake  Shore  and 
Michigan  Southern  Railway  Company  shall  elevate  the  plane  of  its 
roadbed  and  tracks,  in  the  manner  following,  that  is  to  say: 

Beginning  at  said  point  of  divergence,  at  or  near  the  north  line  of 
61  st  street,  where  an  elevation  of  not  less  than  nine  (9)  feet  above  the 
plane  of  said  existing  roadbed  has  been  attained,  as  aforesaid,  the 
roadbed  and  tracks  of  said  Lake  Shore  and  Michigan  Southern  Rail- 
way Company,  continuing  therefrom  in  a southerly  and  southeasterly 
direction,  shall  descend  on  a gradient  of  about  six  hundredths  of  one 
per  centum,  for  a length  or  distance  of  about  one  thousand  eight  hun- 
dred (1,800)  feet,  to  the  east  line  of  State  street,  within  which  said 
length  or  distance  of  about  eighteen  hundred  (1,800)  feet  as  aforesaid, 
elevations,  above  the  plane  of  said  existing  roadbed,  of  not  less  than 
eight  (8)  feet  at  63rd  street  and  seven-  and  one-half  (7.5)  feet  at  State 
street  shall  be  attained.  Thence  said  elevated  roadbed  and  tracks  shall 
continue,  and  shall  descend  in  to  the  yards  of  said  Lake  Shore  and 
Michigan  Southern  Railway  Company,  on  any  gradient  and  within 
any  length  or  distance  within  the  limits  of  said  yards,  which  said  rail- 
way company  may  elect  and  adopt. 

IT  3.  Rock  Island  tracks  south  of  divergence.]  § 3. 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES.  779 

From  the  point  where  the  said  roadbed  and  tracks  so  to  be  elevated,  as 
aforesaid,  cease  to  be  common  as  between  the  railway  companies  in 
this  ordinance  named,  and  where  the  line  of  the  said  Chicago,  Rock 
Island  and  Pacific  Railway  Company  separates  and  diverges  from  the 
line  of  the  said  Lake  Shore  and  Michigan  Southern  Railway  Com- 
pany, the  said  Chicago,  Rock  Island  and  Pacific  Railway  Company 
shall  elevate  the  plane  of  its  roadbed  and  tracks,  in  the  manner  follow- 
ing, that  is  to  say:  Beginning  at  the  said  point  of  divergence  at  or 

near  the  north  line  of  6ist  street  where  an  elevation  of  not  less  than 
nine  (9)  feet  above  the  plane  of  said  existing  roadbed  has  been  at- 
tained, as  aforesaid,  the  roadbed  and  tracks  of  said  Chicago,  Rock 
Island  and  Pacific  Railway  Company,  continuing  therefrom  in  a 
southerly  and  southwesterly  direction,  shall  rise  on  a gradient  of 
about  two-tenths  of  one  per  centum,  for  a length  or  distance  of  about 
one  thousand  (1,000)  feet,  to  a point  about  sixty-five  (65)  feet  north 
of  the  north  line  of  63rd  street,  from  which  latter  point  they  shall  con- 
tinue for  a further  length  or  distance  of  about  eighteen  hundred  and 
fifty  (1,850)  feet,  to  a point  about  two  hundred  (200)  feet  north  of  the 
north  line  of  66th  street,  within  which  length  or  distance  of  about  two 
thousand  eight  hundred  and  fifty  (2,850)  feet,  elevations  above  the 
plane  of  said  existing  roadbed  shall  be  attained  of  not  less  than  ten 
(10)  feet  at  63rd  street,  and  of  not  less  than  eleven  (11)  feet  at  65th 
street  and  at  Wentworth  avenue;  thence  said  elevated  roadbed  and 
tracks  shall  continue,  and  shall  descend  on  a gradient  of  about  one- 
eighth  of  one  per  centum,  for  a further  length  or  distance  of  about 
two  thousand  three  hundred  (2,300)  feet  to  a point  about  one  hundred 
(100)  feet  north  of  the  north  line  of  69th  street,  within  which  said 
length  or  distance  of  about  two  thousand  three  hundred  (2,300)  feet, 
elevations  above  the  plane  of  said  existing  roadbed  shall  be  attained  ol 
not  less  than  ten  (10)  feet  at  66th  street  and  67th  streets,  and  not  less 
than  nine  (9)  feet  at  Normal  parkway  ; thence  said  elevated  roadbed 
and  tracks  shall  continue,  and  they  shall  descend  on  a gradient  of 
about  one-half  of  one  per  centum,  for  a further  and  final  length  or  dis- 
tance of  about  two  thousand  two  hundred  (2,200)  feet,  reaching  the 
existing  plane  of  said  roadbed  and  tracks,  at  or  near  the  point  where 
the  right  of  way  of  the  said  Chicago,  Rock  Island  and  Pacific  Railway 
Company  is  intersected  and  crossed  by  Stewart  avenue  and  72nd  street, 
and  attaining,  within  said  length  or  distance  of  about  two  thousand 
two  hundred  (2,200)  feet,  an  elevation  of  not  less  than  nine  (9)  feet 
above  the  plane  of  said  existing  roadbed  at  69th  street. 

T 4.  Subways  under  joint  right  of  way — under  individual 
tracks.]  § 4.  On  that  portion  of  the  line  and  right  of  way  owned 
and  occupied  in  common  by  the  said  Lake  Shore  and  Michigan 
Southern  Railway  Company  and  the  Chicago,  Rock  Island  and  Pa- 
cific Railway  Company,  and  upon  which  said  companies  are  hereinbe- 
fore required  to  jointly  elevate  the  plane  of  their  railway  tracks,  that 


180 


RAILROADS. 


[§  38: 


is  to  say,  from  the  initial  point  where  said  work  of  elevating  the  plane 
of  said  tracks  is  required  to  commence,  to  the  south  line  of  61  st  street, 
subways,  passing  beneath  said  tracks  so  to  be  elevated  as  aforesaid, 
shall  be  constructed  by  said  railway  companies,  jointly,  at  the  points 
where  said  joint  right  of  way  is  intersected  and  crossed  by  the  follow- 
ing streets  and  avenues,  namely,  Archer  avenue,  22nd,  23d,  24th,  25th, 
26th,  27th,  29th,  30th,  31st,  32nd,  33rd,  35th,  37th,  38th  and  39th 
streets,  at  Root  street,  at  43rd,  44th,  45th  streets,  45th  court,  47th, 
51st,  53rd,  55th  and  57th  streets,  at  Cloud  court  and  at  59th,  60th  and 
61  st  streets.  Provided,  however,  that  when  and  in  case  the  grade  of 
the  railway  known  as  the  St.  Charles  Air  Line  and  other  lines  cross- 
ing the  tracks  of  said  Lake  Shore  and  Michigan  Southern  and  Chica- 
go, Rock  Island  and  Pacific  Railway  companies,  near  Sixteenth  street, 
shall  be  raised  or  depressed  pursuant  to  an  ordinance  of  the  city,  the 
elevation  of  the  plane  of  the  tracks  of  said  Lake  Shore  and  Michigan 
Southern  Railway  Company  and  Chicago,  Rock  Island  and  Pacific 
Railway  Company  shall  begin  at  such  point  north  of  the  north  line 
of  the  right  of  way  of  said  St.  Charles  Air  Line  as  that  on  a gradient 
of  not  more  than  one-half  of  one  per  centum  they  can  be  carried  across 
said  St.  Charles  Air  Line,  attaining  an  elevation  at  Eighteenth  street 
of  not  less  than  seven  feet  above  the  present  elevation  of  the  tracks  of 
said  companies  at  said  street,  and  when  this  shall  occur  said  compa- 
nies shall  construct  a subway  at  said  Eighteenth  street  passing  beneath 
the  tracks  so  to  be  elevated,  such  subway  to  be  constructed  in  manner 
and  form  as  in  this  ordinance  provided  for  other  subways  and  so  as 
to  leave  at  least  twelve  feet  headroom.  And,  on  that  portion  of  the 
line  so  to  be  elevated  as  aforesaid  and  which  is  exclusively  owned,  oc- 
cupied and  used  by  the  Lake  Shore  and  Michigan  Southern  Railway 
Company,  as  hereinbefore  specified,  said  railway  company  shall  con- 
struct subways,  passing  beneath  its  said  tracks,  so  to  be  elevated  as 
aforesaid,  at  the  points  where  said  tracks  are  intersected  and  crossed 
by  Sixty-third  street  and  by  State  street,  and  on  that  portion  of  the 
line  so  to  be  elevated  as  aforesaid,  and  which  is  exclusively  owned,  oc- 
cupied and  used  by  the  Chicago,  Rock  Island  and  Pacific  Railway 
Company  as  hereinbefore  specified,  said  railway  company  shall  con- 
struct subways  passing  beneath  its  said  tracks  so  to  be  elevated  as 
aforesaid  at  the  points  where  said  tracks  are  intersected  and  crossed  by 
63rd  street,  and,  also,  65th  street  and  Wentworth  avenue,  and  at  66th 
street  and  67th  street,  at  Normal  parkway  and  at  69th  street. 

Whenever  in  the  future  the  city  council  of  the  city  of  Chicago  shall 
duly  enact  any  ordinance  for  the  vacation  of  19th,  20th,  21st  and 
Spring  street,  or  any  of  them  so  far  as  they  are  within  the  right  of  way 
of  said  railway  companies,  the  same  shall  be  done  without  cost  or  ex- 
pense to  ,said  companies. 

Tf  5.  Specifications  for  subways— supervision.]  § 5.  Para- 

graph 1 — Each  and  every  subway  hereinbefore  specified,  whether  re- 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES.  781 

quired  to  be  constructed  by  said  railway  companies  jointly  or  by  either 
of  said  railway  companies  separately,  shall  be  so  constructed  that  a 
minimum  clearance  or  headroom  of  not  less  than  twelve  (12)  feet  shall 
be  maintained  between  the  highest  point  of  the  roadways  in  said  sub- 
ways and  the  lowest  point  in  the  overhead  structures;  and  the  side- 
walks in  each  of  said  subways  shall  be  so  constructed  that  a minimum 
clearance  or  headroom  of  not  less  than  seven  and  one-half  feet  be- 
tween the  highest  point  of  said  sidewalks  and  the  lowest  point  of  said 
overhead  structures  shall  be  maintained  at  all  points. 

Paragraph  2 — The  entire  length  and  width  of  the  roadways  in  sub- 
ways, on  all  of  the  streets  affected  by  this  ordinance,  shall  be  paved 
by  said  railway  companies  with  a single  course  of  vitrified  brick  of 
standard  quality,  laid  at  a right  angle  with  the  curb  lines,  and  resting 
on  a solid  foundation  of  hydraulic  cement  concrete,  nine  inches  thick 
or  deep  when  solidly  tamped  in  place,  and  otherwise  finished  and  prop- 
erly crowned  ready  for  the  reception  of  the  brick  wearing  surface. 
Generally  the  curbs  shall  be  of  granite  or  hard,  sound  lime  stone,  free 
from  argillaceous  seams,  and  of  the  standard  dimensions  and  finish, 
and  otherwise  set  in  permanent  place,  in  accordance  with  the  require- 
ments of  the  department  of  public  works  of  the  city  of  Chicago.  The 
sidewalks  in  the  subways  in  this  paragraph  mentioned  shall,  also,  be 
finished  and  paved  by  the  said  railway  companies  or  either  of  them,  as 
the  case  may  be,  for  their  entire  length  and  width,  with  Portland  ce- 
ment concrete,  likewise  made  and  finished  in  accordance  with  the 
standard  specifications  of  said  department  of  public  works  as  afore- 
said. Said  railway  companies,  or  either  of  them,  as  the  case  may  be, 
shall  further,  at  tffeir  own  expense,  grade  the  approaches  to  said  sub- 
ways according  to  the  requirements  and  specifications  of  this  ordin- 
ance. As  to  all  approaches  in  this  paragraph  mentioned,  which  are 
already  paved  or  provided  with  sidewalks,  such  paving  and  sidewalks 
shall  be  restored  by  said  companies,  or  either  of  them,  as  the  case  may 
be,  at  their  expense.  All  of  said  work  shall  be  done  as  by  and  for  the 
city  of  Chicago  under  the  superintendence  of  the  department  of  public 
works  of  said  city,  but  at  the  expense  of  said  railway  companies. 

Paragraph  3 — The  several  subways  at  the  intersection  of  the  sev- 
eral streets,  avenues  and  highways  with  said  elevated  structure  herein- 
before required  to  be  constructed,  shall  generally  conform  to  the  de- 
scription, measurements  and  dimensions  contained  in  a schedule  here- 
unto annexed  and  made  part  of  this  ordinance,  entitled  “Schedule  of 
Subways;”  Provided,  however,  that,  in  the  event  said  railway  com- 
panies, or  either  of  them  shall  determine  before,  or  at  the  time  of  the 
elevation  of  the  plane  of  their  tracks,  to  diminish  the  number  of  tracks 
now  existing  at  any  street  crossing,  or  to  otherwise  change  the  posi- 
tion of  their  tracks  within  the  limits  of  their  joint  or  several  right  of 
way,  then  the  dimensions  of  the  subway  so  to  be  constructed  may  be 
changed  or  modified  in  proportion  to  such  diminution  or  change  in  so 


782 


RAILROADS. 


far  as  regards  its  length  between  portals,  the  length  of  floor  and  the 
length  and  location  of  its  approaches;  but  the  gradients  of  said  ap- 
proaches shall  not,  in  any  event,  be  increased;  and  all  of  said  work  in- 
volved in  such  change  or  changes  shall  be  done  subject  to  the  approval 
of  the  commissioner  of  public  works,  and  in  accordance  with  his  in- 
structions. 

Paragraph  4 — Wherever  alleys,  which  parallel  the  joint  right  of 
way  of  said  railway  companies,  on  one  or  both  sides  thereof,  are  found 
to  be  open  and  to  intersect  the  streets  or  avenues  in  which  said  sub- 
ways are  to  be  constructed,  all  of  said  alleys,  so  found  to  be  open  as 
aforesaid,  shall  be  properly  graded  down  in  to  the  streets  or  avenues 
with  which  they  intersect,  but  at  the  expense  of  said  railroad  com- 
panies, or  either  of  them,  as  the  case  may  be. 

Paragraph  5 — Any  street  railway  company  occupying  any  of  the 
streets  in  the  city  of  Chicago  to  be  crossed  by  said  elevated  railway  or 
railways,  shall,  when  and  as  the  grade  of  said  streets  shall  be  changed 
as  in  this  ordinance  provided,  at  its  own  expense,  without  claim  for 
damage,  conform  the  grade  of  its  track  or  tracks  to  the  said  change  of 
grade  on  such  streets;  and  nothing  in  this  ordinance  contained  shall 
operate  or  be  held  to  release  or  relieve  such  street  railway  company 
from  any  liability  now  existing,  however  created,  to  pave  or  bear  the 
expense  of  paving  such  streets  between  and  on  either  side  of  the  rails 
of  its  said  track  or  tracks  in  manner  and  form  as  now  required. 

Paragraph  6 — That  the  grade  of  the  several  streets  and  alleys  in 
this  ordinance,  and  in  the  schedule  thereto  attached  mentioned,  be, 
and  the  same  is  hereby  changed  in  manner  and  form  as  in  said  sched- 
ule, and  in  this  ordinance  provided,  indicated  and  defined.  The  work 
of  excavation  rendered  necessary  by  said  change  of  grade  shall  be 
done  as,  by  and  for  the  city  of  Chicago  under  the  superintendence  of 
the  department  of  public  works  of  said  city,  but  at  the  expense  of  said 
railway  companies.  The  expense  of  grading  approaches;  expense  of 
the  work  of  excavation  or  other  work  mentioned  in  this  section,  is  not 
intended  to  and  shall  not  include  damages  caused  by  change  of  grade 
of  streets  or  alleys,  it  being  intended  and  understood  that  such  dam- 
ages are  to  be  adjusted  and  paid  by  the  city  of  Chicago. 

IT  6.  Drainage  of  subways.]  § 6.  The  drainage  of  said  sub- 
ways shall  be  properly  provided  for  by  the  construction  of  receiving 
basins  at  the  lowest  point  or  points  therein,  which  said  receiving  ba- 
sins shall  be  connected  with  and  shall  discharge  their  contents  in  to 
the  adjacent  sewerage  system.  Provided,  however,  that  whenever  the 
floors  of  said  subways  are  below  the  city  sewerage  system,  all  natural 
drainage  and  storm  water  may  be  intercepted  at  a proper  point  where 
it  can  be  discharged  in  to  said  sewerage  system,  while  that  portion 
of  said  subways  which  is  below  the  line  of  said  sewers  shall  be  drained 
into  a well  or  sump,  properly  located  in  or  immediately  adjacent  to 
said  subways,  which  said  wells  or  sumps  shall  be  emptied  of  their  con- 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES.  783 

tents  by  means  of  a pumping  plant  driven  by  compressed  air,  or  steam, 
or  electricity;  all  of  which  shall  be  constructed  and  maintained  by  said 
railway  companies  at  their  own  expense,  and  shall  be  of  such  charac- 
ter and  dimensions  as  shall  be  approved  by  the  commissioner  of  pub- 
lic works. 

1 7.  Location  of  sewers,  etc —change  of— deflection.]  § 7. 

Wherever,  in  the  construction  of  said  subways,  it  shall  become  neces- 
sary to  change  the  location  of  water  pipes,  sewers  and  electrical  con- 
duits owned  by  the  city,  all  water  pipes  and  pipe  sewers  shall  be  de- 
flected from  the  position  in  which  they  are  found,  and  shall  be  placed 
in  brick  conduits  especially  constructed  for  that  purpose,  and  shall  be 
carried  entirely  around  said  subways  on  either  side  thereof,  beneath 
the  railway  embankments  or  under  the  sidewalks  as  may  be  deter- 
mined by  the  commissioner  of  public  works.  And  all  brick  sewers 
and  electrical  conduits  belonging  to  the  city  shall,  when  the  same  be- 
comes necessary  in  the  judgment  of  the  commissioner  of  public  works, 
likewise  be  carried  around  said  subways  on  either  side  thereof,  and  be- 
neath said  railway  embankments  or  sidewalks  as  aforesaid.  All  the 
work  provided  for  in  this  section  shall  likewise  be  done  at  the  sole  ex- 
pense of  said  railway  companies. 

•ff  8.  Bridges  at  crossings — embankments — walls.]  § 8.  All 

streets  and  avenues  intersecting  said  tracks,  so  to  be  elevated  as  afore- 
said, shall  be  crossed  on  suitable  bridge  superstructures,  fabricated  in 
iron  or  steel  supported  on  abutments  which  shall  form  the  parallel  walls 
of  the  subways,  and  with  or  without  intermediate  supports  composed 
of  iron  or  steel  columns  located  in  the  curb  lines  in  said  subways,  and 
parallel  to  and  equi  distant  from  the  face  of  said  abutments.  Said  abut- 
ments, including  all  foundations,  shall  be  located  wholly  within  the 
right  of  way  lines  of  said  railroads.  The  floor  systems  of  all  of  said 
bridge  superstructures  shall  likewise  be  fabricated  in  iron  or  steel, 
and  shall  be  of  the  character  technically  designated  and  known  as 
“solid  construction;”  provided,  however,  that  said:  railway  companies 
may  use  an  open  floor  system  composed  of  transverse  floor  beams  and 
track  stringers  of  iron  or  steel;  in  which  event,  however,  all  such  open 
floor  systems  shall  be  furnished  with  a suitable  device,  covering  the 
entire  under  side  of  the  same,  which  shall  intercept  and  carry  off  storm 
water  or  whatever  else  may  fall  from  said  elevated  structures.  The 
facial  alignment  of  all  said  abutments,  so  to  be  constructed  as  afore- 
said, shall  be  uniform  with  the  building  or  lot  lines  of  the  streets  or 
avenues  in  which  said  subways  are  located;  and  all  of  said  abutments 
shall  be  constructed  of  heavy  stone  or  brick  masonry.  The  embank- 
ments upon  which  said  elevated  tracks  shall  be  carried  between  said 
intersecting  streets  and  avenues,  shall  be  composed  of  sand,  gravel, 
loam  or  clay,  whose  side  slopes  shall  be  defined  by  the  natural  angle 
of  repose  of  the  material  out  of  which  said  embankments  shall  be  con- 
structed, or  said  embankments  shall  be  carried  between  retaining  walls 


784 


RAILROADS. 


[§  382 


of  stone,  or  brick  masonry.  But  when  such  retaining  walls  are  not 
used,  the  right  of  way  of  said  railway  companies  shall  be  enclosed 
with  fences,  in  compliance  with  the  present  ordinances  of  the  city 
relating  to  the  fencing  of  railway  tracks. 

T 9.  Location  of  abutments — station  buildings,  etc.]  § 9. 
Nothing  in  this  ordinance  named  and  contained  shall  be  so  construed 
as  to  prevent  said  railway  companies,  or  either  of  them,  from  locating 
and  constructing  the  abutments  which  form  the  walls  of  the  subways, 
at  a sufficient  distance  back  from  the  building  of  lot  lines  of  the  streets 
and  avenues,  for  the  purpose  of  constructing  and  maintaining,  in  the 
spaces  or  recesses  so  left  between  said  abutments  and  sa-icf  building 
lines,  station  buildings  with  all  necessary  waiting  rooms  and  ticket 
offices,  fronting  on  said  streets  and  avenue,  uniform  with  the  said 
building  lines  thereof,  and  entirely  within  the  lines  limiting  and  bound- 
ing the  right  of  way  of  said  railway  companies,  or  either  of  them, 
and  for  the  further  purpose  of  constructing  and  maintaining  within 
said  lines  stairways  and  approaches  leading  to  and  from  said  station 
buildings  to  the  elevated  platforms  and  tracks  above  the  same,  for 
the  accommodation  and  convenience  of  the  passenger  traffic  of  said 
railway  companies,  or  for  any  other  purposes  in  connection  with  the 
efficient  maintenance  and  operation  of  the  lines. 

IT  10.  Construction  of  subways  subject  to  city’s  approval.] 

§ 10.  The  location  of  the  various  sidewalks  in  the  subways  hereinbe- 
fore authorized  and  required,  the  various  appliances  for  the  drainage 
of  said  subways,  and  the  devices  for  the  protection  of  the  water  pipes, 
sewers  and  electrical  systems  of  the  city  in  or  occasioned  by  the  con- 
struction of  said  subways,  except  as  in  this  ordinance  otherwise  de- 
fined, shall  be  determined  by  the  said  commissioner  of  public  works. 
And  all  the  work  upon  or  in  connection  with  any  of  the  matters  or 
things  in  this  section  specified  shall  be  done  and  performed  subject 
to  the  inspection  and  approval  of  said  commissioner  of  public  works. 

T 11.  Street  obstructions  during  work  of  elevation.]  § 11. 

Permission  and  authority  are  hereby  given  to  said  railway  companies, 
jointly  or  severally,  as  the  case  may  be,  whenever  the  same  shall  be 
necessary  in  carrying  on  the  work  of  elevating  their  railway  tracks  as 
herein  authorized,  to  temporarily  obstruct  any  street  or  avenue,  for 
such  length  of  time  and  in  such  manner  as  may  be  approved  by  the 
commissioner  of  public  works;  and  the  said  railway  companies  are 
hereby  jointly  and  severally  authorized,  in  the  prosecution  of  said  work, 
to  erect  and  maintain  temporary  structures  in  any  of  said  streets  arid 
avenues,  which  shall  be  necessary  or  convenient  to  enable  them  to  pre- 
pare for,  or  to  erect  the  permanent  elevated  structure  herein  required, 
subject  to  like  approval  of  said  commissioner  of  public  works. 

T 12.  Commencement  of  work— prosecution  of.]  § 12.  The 
said  railway  companies  are  hereby  jointly  and  severally  required  to 
commence  the  work  of  elevating  the  plane  of  their  said  railway  tracks, 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES. 


785 


as  hereinbefore  specified,  on  or  before  thirty  days  after  the  filing  of 
the  agreement  in  section  21  of  this  ordinance  mentioned,  and  jointly 
and  severally  to  prosecute  said  work,  continuously  and  without  inter- 
ruption thereafter,  at  the  rate  of  not  less  than  one  mile  per  annum, 
until  the  whole  of  said  work  is  completed.  The  time  during  which 
any  legal  proceedings  shall  be  pending,  whereby  the  said  companies,  or 
either  of  them,  as  the  case  may  be,  shall  be  prevented  from  or  delayed 
in  the  work  of  elevating  their  tracks,  shall  be  excluded  from  the  time 
herein  granted  for  the  completion  of  the  same;  provided,  however, 
that  such  exclusion  shall  date  only  from  the  time  when  the  said  com- 
pany shall  have  given  notice  to  the  corporation  counsel  of  the  city  of 
Chicago  of  the  "institution  of  such  legal  proceedings.  The  city  of 
Chicago  shall  have  the  right  to  intervene  in  any  suit  or  proceeding 
brought  by  any  person  or  persons  seeking  to  enjoin,  restrain  or  in  any 
manner  interfere  with  the  prosecution  of  said  work,  and  move  for  a 
dissolution  of  such  injunction  or  restraining  order,  and  for  any  other 
proper  order  in  such  suit. 

f 13.  Submission  of  plans  prior  to  elevation.]  § 13.  That 
the  said  railway  companies,  jointly  or  severally,  as  the  case  may  be, 
shall,  at  least  ten  days  prior  to  the  commencement  of  any  part  or  parts 
of  said  work,  which  is  designed  to  be  within  the  city  limits  of  or 
abutting  upon  anyr  street  or  avenue  of  said  city,  submit  to  the  commis- 
sioner of  public  works,  for  his  approval,  complete  plans  and  specifica- 
tions of  said  part  or  parts  of  said  proposed  work  for  the  purpose  of 
ascertaining  whether  the  same  are  in  strict  accordance  with  the  pro- 
visions of  this  ordinance,  and  after  the  approval  of  such  plans  and 
specifications  by  the  commissioner  of  public  works,  the  said  work  shall 
be  constructed  in  accordance  therewith,  and  to  the  satisfaction  of  said 
commissioner  of  public  works,  and  not  otherwise,  except  as  herein 
otherwise  provided. 

T 14.  Removal  of  obstructions.]  § 14.  If  any  bridge,  via- 
duct approach  thereto,  or  other  structure  belonging  to,  or  under  the 
control  of  the  city  of  Chicago,  in  any  street  or  avenue,  shall  be  found 
by  said  commissioner  of  public  works  to  constitute  an  obstruction  to, 
or  interference  with  the  work  of  constructing,  maintaining  or  using 
the  elevated  structure  hereinbefore  required,  the  said  commissioner  of 
public  works  is  hereby  authorized  and  directed  to  promptly  remove 
the  same  at  the  expense  of  the  railway  companies,  or  either  of  them, 
as  the  case  may  be. 

IT  15.  Rights  reserved.]  § 15.  It  is  not  intended  by  the  city 
council  of  the  city  of  Chicago,  by  the  provisions  of  this  ordinance,  to 
surrender  any  of  its  powers  or  control  over  said  streets  or  avenues, 
nor  in  any  manner  to  limit  its  authority  or  regulate  the  use  of  railroads 
upon  the  surface  of  said  streets  or  avenues,  nor  its  power  and  authority 
to  cause  the  removal  of  said  tracks  from  said  streets  or  avenues,  or 
the  discontinuance  of  the  use  thereof,  or  prohibiting  the  use  of  steam 


50 


786 


RAILROADS. 


[§  382 


as  a motive  power  upon  any  or  all  of  said  tracks  upon  the  surface 
of  said  streets  or  avenues,  but  all  its  powers  and  authority  over  the 
surface  tracks  of  said  road  shall  survive  and  continue,  notwithstanding 
the  provisions  of  this  ordinance,  and  the  exercise  of  the  same  shall  at 
all  times  be  free  and  unrestricted,  whether  before  or  after  the  time  or 
times  hereinbefore  fixed  for  the  commencement  or  completion  of  said 
elevated  structures. 

1“  16.  Commencement  and  prosecution  of  work.]  § 16. 

Within  thirty  days  after  filing  the  agreement  mentioned  in  section  21  of 
this  ordinance,  the  said  railway  companies  shall  severally  notify  the 
commissioner  of  public  works  of  the  point  at  which  it  or  they  wilt  com- 
mence the  work  of  elevating  the  plane  of  its  or  their  tracks  as  herein- 
before required ; from  which  point,  so  indicated,  shall  be  measured  the 
distance  or  length  of  not  less  than  one  mile  of  elevated  structure,  which 
shall  be  completed  by  said  railway  company  or  companies  within  one 
year  from  the  commencement  of  said  work,  and  in  each  year  thereafter 
the  said  railway  company  or  companies  shall  construct  and  complete  at 
least  one  mile  of  said  elevated  structure.  The  whole  of  said  elevated 
structure  shall  be  completed  by  the  1st  day  of  August,  1899. 

T 17.  Failure  to  comply — penalty.]  § 17.  If  the  said  rail- 
way companies  or  either  of  them  shall  fail,  neglect  or  refuse  within  the 
time  limited  by  this  ordinance  to  commence  the  work  of  elevating  the 
plane  of  their  tracks,  as  hereinbefore  required,  or  if  the  said  railway 
companies,  or  either  of  them,  shall  fail,  neglect  or  refuse  within  the 
time  and  in  the  manner  in  this  ordinance  prescribed,  to  complete  the 
work  of  elevating  the  plane  of  their  tracks,  as  hereinbefore  required,  or 
if  the  said  railway  companies,  or  either  of  them,  or  any  officer,  agent, 
servant  or  employe  of  said  companies,  or  either  of  them,  shall  cause 
any  locomotive  engine  or  steam  railroad  car  to  cross  any  street  or  ave- 
nue of  the  city  within  the  limits  herein  provided  for  the  elevation  of  the 
plane  of  their  several  tracks,  otherwise  than  over  and  upon  the  elevated 
structures  herein  authorized  to  be  constructed  subsequent  to  the  time 
designated  by  this  ordinance  for  the  elevation  of  the  plane  of  their  sev- 
eral railway  tracks,  the  said  railway  company  or  companies,  jointly  or 
severally,  as  the  case  may  be,  shall  be  liable  to  a fine  of  not  less  than 
one  hundred  dollars  nor  more  than  two  hundred  dollars  for  each  day 
they  or  either  of  them  shall  so  fail,  neglect  or  refuse  to  commence  or 
complete  the  said  elevation  as  by  this  ordinance  required  or  shall  so 
cause  any  locomotive  engine  or  steam  railroad  car  to  cross  said  streets 
or  avenues. 

T 18.  Trespassing — penalty.]  § 18.  When  and  in  case  said 
railways,  or  either  of  them,  shall  be  elevated  in  accordance  with  the 
provisions  of  this  ordinance,  or  when  and  in  case  sections  of  said  ele- 
vated railways,  or  either  of  them  as  herein  provided  shall  be  completed, 
it  shall  be  unlawful  for  any  person  or  persons,  save  employes  of  said 
companies,  or  either  of  them,  in  discharge  of  duties  to  said  companies, 


787 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  GOMPANTES. 

or  either  of  them,  to  enter  upon,  be,  or  walk  along  or  across  said  ele- 
vated structures  or  roadway  at  any  point,  and  any  person  violating  this 
ordinance  shall  be  liable  to  a fine  of  not  more  than  one  hundred  dol- 
lars ($100),  and  not  less  than  ten  dollars  ($10)  for  each  and  every  such 
offense. 

T 19.  Ordinances  as  to  speed,  etc.,  not  to  apply— lighting 
subways.]  § 19.  When  said  railways,  or  either  of  them,  shall  be  ele- 
vated in  accordance  with  the  provisions  of  this  ordinance,  or  when  any 
section  thereof,  or  of  either  of  said  railways,  shall  be  so  elevated  and 
ready  for  use,  then  and  thereupon  all  provisions  of  the  ordinances  of 
the  city  relating  to  speed  of  railway  trains  in  said  city,  the  giving  of 
signals  upon  such  trains  and  the  maintenance  of  gates,  flagmen,  watch- 
men, signals  and  signal  towers,  shall  cease  to  be  applicable  to  such 
railway  companies,  and  to  each  of  them,  so  far  as  the  lines  of  said 
roads  shall  pass  over  the  streets  of  said  city  upon  such  elevated  struc- 
ture and  roadway.  But  the  said  railway  companies  shall  be  required 
to  light  the  subways  hereinbefore  authorized  to  be  constructed,  in  the 
manner  prescribed  by  ordinances  now  in  force,  for  the  lighting  by  rail- 
way companies  of  the  portions  of  their  tracks  at  street  crossings. 

Nothing  in  this  ordinance  contained  shall  be  construed  as  impos- 
ing any  liability  on  said  railway  companies,  or  either  of  them,  to  the 
city  of  Chicago  for  the  services  to  be  performed  by  any  officer  or  em- 
ploye of  said  city  in  superintending  the  work  of  construction  required 
by  this  ordinance. 

T 20.  Suits  to  enforce  compliance.]  § 20.  The  corporation 
counsel  of  the  city  of  Chicago  is  hereby  authorized  and  directed  to  in- 
stitute and  diligently  prosecute  all  suits,  actions  and  proceedings  neces- 
sary or  proper  to  secure  full  compliance  with  the  provisions  of  this 
ordinance  in  all  respects. 

1 21.  When  in  force  — conditions  — agreement  — damages.] 

§21.  This  ordinance  shall  take  effect  from  and  after  its  passage,  ap- 
proval and  publication ; provided,  however,  that  this  ordinance  shall  be 
null  and  void,  if  the  said  railway  companies,  and  each  of  them,  shall  not, 
through  their  respective  authorized  officers,  file  with  the  mayor  of  the 
city  of  Chicago,  within  thirty  (30)  days  from  the  passage  of  this  ordi- 
nance, an  agreement  or  agreements  duly  executed,  whereby  said  rail- 
way companies,  and  each  of  them,  shall  undertake  to  do  and  perform 
all  the  matters  and  things  required  of  them,  and  each  of  them,  by  this 
ordinance,  and  whereby  said  railway  companies  shall  bind  themselves, 
and  each  of  them,  in  case  of  non-performance  of  the  matters  and  things 
m this  ordinance  required,  to  pay  to  the  city  of  Chicago  the  sum  of 
fifty  thousand  dollars  ($50,000)  as  and  for  liquidated  damages  arising 
to  said  city  from  such  non-performance,  and  in  and  by  which  said 
agreement  or  agreements  said  companies  shall  further  undertake  to 
jointly  pay  to  the  city  of  Chicago  the  sum  of  one  hundred  thousand 
dollars  ($100,000)  as  a contribution  from  said  companies  towards  the 


788 


RAILROADS. 


[§  382 


liabilities  for  land  or  business  damages  which  may  be  incurred  by  or 
recoverable  against  said  city  of  Chicago  by  the  passage  and  enforce- 
ment of  this  ordinance,  or  by  the  changing  of  the  grades  of  streets  or 
alleys  in  accordance  with  the  provisions  hereof,  or  by  reason  of  its  hav- 
ing required  said  railway  companies  to  do  and  perform  the  matters  and 
things  herein  required  of  them,  or  by  the  performance  by  said  railway 
companies  of  the  matters  and  things  herein  required  of  them,  said  sum 
of  one  hundred  thousand  dollars  ($100,000)  to  be  paid  to  the  city  of 
Chicago  at  the  time  of  filing  the  agreement  or  agreements  in  this  sec- 
tion above  referred  to;  which  such  payment  by  said  companies  shall  be 
held  to  relieve  and  protect  said  companies  and  each  of  them  from  all 
liability  for  the  damages  aforesaid  to  said  city  or  others  save  that  for 
any  damages  occasioned  by  the  negligent  manner,  of  doing  the  said 
work  by  said  companies  or  either  of  them,  as  the  case  may  be,  shall 
be  liable.  After  the  filing  of  said  agreement  or  agreements  as  aforesaid, 
this  ordinance  shall  not  be  materially  modified  or  amended  without  the 
consent  of  said  railway  companies,  but  nothing  in  this  ordinance  con- 
tained shall  be  deemed  a waiver  or  surrender  of  the  police  power  of  the 
city,  or  to  deprive  the  city  of  the  right  to  properly  exercise  such  power. 


SCHEDULE  OF  SUBWAYS. 

Except  where  otherwise  specifically  noted  and  defined  herein,  the  follow- 
ing general  dimensions  and  structural  data  shall  apply  to  all  subways: 

Width  between  walls,  66  feet. 

Width  of  roadways  between  curbs,  38  feet. 

Width  of  sidewalks,  14  feet  each. 

The  depression  of  all  sidewalks  shall  be  uniform  with  that  of  the  road- 
ways, and  it  shall  be  at  the  standard  elevation  above  the  same  at  the  curb 
lines  throughout. 

The  floors  of  the  subways  shall  extend  not  less  than  ten  (10)  feet  beyond 
the  portals  of  the  subways  at  each  end. 


DETAILS  OF  SUBWAY  IN  ARCHER  AVENUE. 

Elevation  of  floor  shall  not  be  less  than  8.50  feet  above  city  datum. 
Length  of  floor  to  west  curb  line  of  La  Salle  street,  195  feet. 

Depression  of  avenue  shall  not  exceed  4 feet. 

Length  of  main  approaches  in  Archer  avenue  shall  not  exceed  120  feet 
each. 

Gradients  of  same  shall  not  exceed  3.5  per  cent.  each. 

Length  of  lateral  approach  from  20th  street,  in  La  Salle  street,  shall  not 
exceed  120  feet. 

Gradient  of  same  shall  not  exceed  3.25  per  cent. 

Length  of  lateral  approach  from  21st  street,  in  La  Salle  street,  shall  not 
exceed  130  feet. 

Gradient  of  same  shall  not  exceed  3.25  per  cent. 

Width  of  subway  betwreen  walls,  80  feet. 

Width  of  roadway  between  curbs,  48  feet. 

Width  of  sidewalks,  16  feet  each. 

Clear  headroom,  12  feet. 


382]  L.  S.  & M.  S.  AND  C.,  R.  1.  & P,  RAILWAY  COMPANIES. 


789 


DETAILS  OF  SUBWAY  IN  22D  STREET. 

Elevation  of  floor  shall  not  be  less  than  7.535  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  5.205  feet. 

Length  of  east  approach  shall  not  exceed  160  feet. 

Gradient  of  same  shall  not  exceed  3.26  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  4.865  feet. 

Length  of  west  approach  shall  not  exceed  150  feet. 

Gradient  of  same  shall  not  exceed  3.25  per  cent. 

Length  of  lateral  approach  in  Clark  street  shall  not  exceed  160  feet. 
Gradient  of  same  shall  not  exceed  3.2  per  cent. 

Clear  headroom,  13  feet  6 inches. 

DETAILS  OF  SUBWAY  IN  23D  STREET. 

Elevation  of  floor  shall  not  be  less  than  7.09  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  4.97  feet. 

Length  of  approaches  shall  not  exceed  130  feet  each. 

Gradients  of  same  shall  not  exceed  3.8  per  cent.  each. 

Clear  headroom,  12  feet. 

DETAILS  OF  SUBWAY  IN  24TI1  STREET. 

Elevation  of  floor  shall  not  be  less  than  7.32  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  5 feet. 

Length  of  approaches  shall  not  exceed  130  feet  each. 

Gradients  of  approaches  shall  not  exceed  3.9  per  cent.  each. 

Clear  headroom,  12  feet. 

DETAILS  OF  SUBWAY  IN  25TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  7.7  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  4.63  feet. 

Length  of  approaches  shall  not  exceed  120  feet  each. 

Gradients  of  same  shall  not  exceed  3.86  per  cent.  each. 

Clear  headroom,  12  feet. 


DETAILS  OF  SUBWAY  IN  26TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  7.42  feet  above  city  datum. 

Depression  of  street  at  east  end  shall  not  exceed  6.08  feet. 

Length  of  east  approach  shall  not  exceed  170  feet. 

Gradient  of  same  shall  not  exceed  3.6  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  5.58  feet. 

Length  of  west  approach  shall  not  exceed  160  feet. 

Gradient  of  same  shall  not  exceed  3.5  per  cent. 

Clear  headroom,  13  feet  6 inches. 

The  depression  of  the  sidewalk  on  the  north  side  shall  be  uniform  with 
the  roadway,  and  it  shall  be  at  the  standard  elevation  above  the  same  at  the 
curb  lines  throughout;  but,  on  the  south  side  the  sidewalk  shall  no*  be  de- 
pressed at  all,  but  shall  be  carried  through  the  subway  and  both  approaches 
at  its  normal  elevation. 

DETAILS  OF  SUBWAY  IN  27TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  9.75  feet  above  city  datum. 

Depression  of  street  shall  not  exceed  3.73  feet. 

Length  of  approaches  shall  not  exceed  100  feet  each. 


790 


RAILROADS. 


[§  382 


Gradients  of  same  shall  not  exceed  3.73  per  cent.  each. 
Width  between  w^alls,  60  feet. 

Width  of  roadway  between  curbs,  36  feet. 

Width  of  sidewalks,  12  feet  each. 

Clear  headroom,  12  feet. 


DETAILS  OP  SUBWAY  IN  29TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  11  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  2.68  feet. 

Length  of  approaches  shall  not  exceed  90  feet  each. 

Gradients  of  same  shall  not  exceed  2.98  per  cent.  each. 

Clear  headroom,  12  feet. 


DETAILS  OP  SUBWAY  IN  30TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  11.75  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  2 feet. 

Length  of  approaches  shall  not  exceed  130  feet  each. 

Gradients  of  same  shall  not  exceed  2 per  cent.  each. 

Clear  headroom,  12  feet. 


DETAILS  OP  SUBWAY  IN  31ST  STREET. 

Elevation  of  floor  shall  not  be  less  than  11.251  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  2.55  feet. 

Length  of  approaches  shall  not  exceed  160  feet  each. 

Gradients  of  same  shall  not  exceed  1.9  per  cent.  each. 

Clear  headroom,  13  feet  6 inches. 


DETAILS  OF  SUBWAY  IN  32D  STREET. 

Elevation  of  floor  shall  not  be  less  than  11.53  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  2.52  feet. 

Length  of  approaches  shall  not  exceed  100  feet  each. 

Gradients  of  same  shall  not  exceed  2.52  per  cent.  each. 

Clear  headroom,  12  feet. 


DETAILS  OP  SUBWAY  IN  33D  STREET. 

Elevation  of  floor  shall  not  be  less  than  11.636  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  2.62  feet. 

Length  of  approaches  shall  not  exceed  150  feet  each. 

Gradients  of  same  shall  not  exceed  1.75  per  cent.  each. 

Clear  headroom,  12  feet. 


DETAILS  OP  SUBWAY  IN  35TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  12.39  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  2 feet. 

Depression  of  street  at  Avest  end  shall  not  exceed  3.95  feet. 

Length  of  east  approach  shall  not  exceed  75  feet. 

Gradient  of  same  shall  not  exceed  2.5  per  cent. 

Length  of  Avest  approach  shall  not  exceed  135  feet. 

Gradient  of  same  shall  not  exceed  3 per  cent. 

Clear  headroom,  13  feet  6 inches. 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  t.  & P.  RAILWAY  COMPANIES. 


791 


DETAILS  OF  SUBWAY  IN  37TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  13.68  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  2.52  feet. 

Length  of  approaches  shall  not  exceed  90  feet  each. 

Gradients  of  same  shall  not  exceed  2.8  per  cent.  each. 

Clear  headroom,  12  feet. 


DETAILS  OF  SUBWAY  IN  38TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  13.61  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  1.89  feet. 
Depression  of  street  at  west  end  shall  not  exceed  3 feet. 

Length  of  approaches  shall  not  exceed  100  feet  each. 

Gradients  of  same  shall  not  exceed  3 per  cent.  each. 

Clear  headroom.  12  feet. 


DETAILS  OF  SUBWAY  IN  39TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  11.82  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  3.18  feet. 

Depression  of  street  at  west  end  shall  not  exceed  4.68  feet. 

Length  of  approaches  shall  not  exceed  140  feet  each. 

Gradients  of  same  shall  not  exceed  3.4  per  cent.  each. 

Clear  headroom  13  feet  6 inches. 

DETAILS  OF  SUBWAY  IN  ROOT  STREET. 

Elevation  of  floor  shall  not  be  less  than  10.211  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  5.289  feet. 

Length  of  east  approach  shall  not  exceed  160  feet. 

Gradients  of  same  shall  not  exceed  3.3  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  5.039  feet. 

Length  of  west  approach  shall  not  exceed  155  feet. 

Gradient  of  same  shall  not  exceed  3.25  per  cent. 

Clear  headroom,  13  feet  6 inches. 

The  sidewalks  shall  not  be  depressed  at  all,  but  shall  be  carried  through 
the  subway  and  approaches  at  their  normal  elevation. 

DETAILS  OF  SUBWAY  IN  43D  STREET. 

Elevation  of  floor  shall  not  be  less  than  8.38  feet  above  city  datum. 
Depression  of  street  at  the  east  end  shall  not  exceed  8.42  feet. 
Depression  of  street  at  west  end  shall  not  exceed  6.62  feet. 

Length  of  approaches  shall  not  exceed  440  feet  each. 

Gradients  of  same  shall  not  exceed  2.3  per  cent.  each. 

Clear  headroom,  12  feet. 

DETAILS  OF  SUBWAY  IN  44TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  8.85  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  7.156  feet. 

Length  of  east  approach  shall  not  exceed  190  feet. 

Gradient  of  same  shall  not  exceed  3.8  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  6.156  feet. 

Length  of  west  approach  shall  not  exceed  170  feet. 

Gradient  of  same  shall  not  exceed  3.65  per  cent. 

Clear  headroom,  12  feet. 


792 


RAILROADS. 


t§  38: 


The  depression  of  the  sidewalks  shall  be  uniform  throughout  and  they 
shall  be  four  feet  above  the  roadway,  at  the  curb  lines,  between  the  portals. 


DETAILS  OF  SUBWAY  IN  45TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  9.76  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  6.25  feet. 

Length  of  east  approach  shall  not  exceed  170  feet. 

Gradient  of  same  shall  not  exceed  3.7  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  5.25  feet. 

Length  of  west  approach  shall  not  exceed  160  feet. 

Gradient  of  same  shall  not  exceed  3.3  per  cent. 

Clear  headroom,  12  feet. 

The  depression  of  the  sidewalks  shall  be  uniform  throughout,  and  they 
shall  be  4 feet  above  the  roadway  at  the  curb  lines  between  the  portals. 


DETAILS  OF  SUBWAY  IN  45TIL  COURT. 

Elevation  of  floor  shall  not  be  less  than  10.168  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  5.4  feet. 

Length  of  approaches  shall  not  exceed  160  feet  each. 

Gradients  of  same  shall  not  exceed  3.5  per  cent.  each. 

Clear  headroom,  12  feet. 

The  depression  of  the  sidewalks  shall  be  uniform  throughout,  and  they 
shall  be  4 feet  above  the  roadway  at  the  curb  lines  between  the  portals. 


DETAILS  OF  SUBWAY  IN  47TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  11.4  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  4.31  feet. 

Length  of  east  approach  shall  not  exceed  130  feet. 

Gradient  of  same  shall  not  exceed  3.32  per  cent. 

Length  of  west  approach  shall  not  exceed  170  feet. 

Gradient  of  same  shall  not  exceed  2.4  per  cent. 

Clear  headroom,  13  feet  6 inches. 


DETAILS  OF  SUBWAY  IN  51ST  STREET. 

Elevation  of  floor  shall  not  be  less  than  10.04  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  6.71  feet. 

Length  of  approaches  in  Fifty-first  street  shall  not  exceed  180  feet  each. 
Gradient  of  same  shall  not  exceed  3.8  per  cent. 

Length  of  approach  from  the  south  in  La  Salle  street  shall  not  exceed  ISO 
feet. 

Gradient  of  same  shall  not  exceed  3.8  per  cent. 

Length  of  approaches  from  the  north  and  south  in  Armour  avenue  shall 
not  exceed  110  feet  each. 

Gradients  of  same  shall  not  exceed  2.87  per  cent.  each. 

Clear  headroom,  12  feet. 

DETAILS  OF  SUBWAY  IN  53D  STREET. 

Elevation  of  floor  shall  not  be  less  than  11.605  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  5.025  feet. 

Length  of  approaches  shall  not  exceed  150  feet  each. 

Gradients  of  same  shall  not  exceed  3.35  per  cent.  each. 

Clear  headroom,  12  feet. 


§ 382]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES. 


793 


DETAILS  OF  SUBWAY  IN  55TH  STREET  BOULEVARD. 
Rests  entirely  with  South  park  commissioners. 


DETAILS  IN  SUBWAY  IN  57TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  14.973  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  1.733  feet. 

Length  of  approaches  shall  not  exceed  90  feet. 

Gradients  of  same  shall  not  exceed  1.9  per  cent.  each. 

Clear  headroom,  12  feet. 


DETAILS  OF  SUBWAY  IN  58TH  STREET  OR  CLOUD  COURT. 

Elevation  of  floor  shall  not  be  less  than  15.21  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  1,798  feet. 

Length  of  east  approach  shall  not  exceed  115  feet. 

Gradient  of  same  shall  not  exceed  1.6  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  1.598  feet. 

Length  of  west  approach  shall  not  exceed  160  feet. 

Gradient  of  same  shall  not  exceed  1 per  cent. 

Clear  headroom,  12  feet. 


DETAILS  OF  SUBWAY  IN  59TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  15.58  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  4.822  feet. 

Length  of  east  approach  shall  not  exceed  200  feet. 

Gradient  of  same  shall  not  exceed  2.5  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  1.622  feet. 

Length  of  west  approach  shall  not  exceed  140  feet. 

Gradient  of  same  shall  not  exceed  1.2  per  cent. 

Clear  headroom,  12  feet. 


DETAILS  OF  SUBWAY  IN  60TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  15.965  feet  above  city  datum. 
Depression  of  street  at  east  end  shall  not  exceed  4.435  feet. 

Length  of  east  approach  shall  not  exceed  200  feet. 

Gradient  of  same  shall  not  exceed  2.25  per  cent. 

Depression  of  street  at  west  end  shall  not  exceed  1.235  feet. 

Length  of  west  approach  shall  not  exceed  140  feet. 

Gradient  of  same  shall  not  exceed  1 per  cent. 

Clear  headroom,  12  feet. 


DETAILS  OF  SUBWAY  IN  61ST  STREET. 

Elevation  of  floor  shall  not  be  less  than  14.61  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  6.29  feet. 

Length  of  approaches  in  61st  street  shall  not  exceed  180  feet  each. 
Gradients  of  same  shall  not  exceed  3.5  per  cent.  each. 

Length  of  floor  to  east  line  of  Butterfield  street  shall  not  exceed  278  feet. 
Length  of  approach  from  the  north  in  Butterfield  street  shall  not  exceed 
180  feet. 

Gradient  of  same  shall  not  exceed  3.5  per  cent. 

Clear  headroom,  13  feet  6 inches. 


794 


RAILROADS. 


[§  382 


DETAILS  OF  SUBWAY  IN  63D  STREET. 

Elevation  of  floor  at  west  end  shall  not  be  less  than  16.45  feet  above  city 
datum. 

Depression  of  street  at  west  end  shall  not  exceed  5,522  feet. 

TVidth  between  walls,  60  feet. 

Length  of  west  approach  shall  not  exceed  200  feet. 

Gradient  of  same  shall  not  exceed  2.8  per  cent. 

Elevation  of  floor  at  east  end  shall  not  be  less  than  13.659  feet  above  city 
datum. 

Depression  of  street  at  east  end  shall  not  exceed  9.341  feet. 

Length  of  approach  from  the  north,  in  State  street,  shall  not  exceed  300 
feet,  said  approach  being  in  common  with  the  north  approach  to  the  State 
street  subway. 

Gradient  of  same  shall  not  exceed  3.5  per  cent. 

Length  of  midway  grade  or  connection  between  upper  and  lower  floors 
shall  not  be  less  than  95  feet. 

Gradient  of  same  shall  not  exceed  3 per  cent. 

Clear  headroom,  13  feet  6 inches. 

The  depression  of  the  sidewalks  shall  be  uniform  throughout  between  the 
head  of  the  west  approach  and  the  intersection  with  State  street,  and  they 
shall  be  5 feet  above  the  roadway,  at  the  curb  lines,  at  all  points  between 
the  portals. 

The  construction  of  the  west  approach  to  this  subway  will  be  the  joint 
work  of  the  Chicago,  Rock  Island  and  Pacific  Railway  and  the  Pittsburg, 
Fort  Wayne  and  Chicago  Railway  Companies;  and  the  construction  of  the 
east  approach  will  be  the  exclusive  work  of  the  Lake  Shore  and  Michigan 
Southern  Railway  Company. 

The  Lake  Shore  and  Michigan  Southern  Railway  Company  shall  construct 
the  subways  under  its  own  tracks  and  up  to  the  lines  of  its  right  of  way  be- 
tween the  portals,  and  the  Chicago,  Rock  Island  and  Pacific  Railway  Com- 
pany shall  construct  the  subways  under  its  own  tracks  up  to  the  lines  of  its 
right  of  way  between  the  portals. 


DETAILS  OF  SUBWAY  IN  STATE  STREET. 

Elevation  of  floor  at  north  end  shall  not  be  less  than  13.482  feet  above 
city  datum. 

Depression  of  street  at  north  end  shall  not  exceed  9.272  feet. 

Length  of  north  approach  shall  not  exceed  300  feet. 

Gradient  of  same  shall  not  exceed  3.5  per  cent. 

Elevation  of  lower  floor  shall  not  be  less  than  11.275  feet  above  city 
datum. 

Length  of  same  shall  not  be  less  than  50  feet. 

Gradients  between  portals  shall  not  exceed  3 per  cent.  each. 

Elevation  of  floor  at  south  end  shall  not  be  less  than  13.771  feet  above 
city  datum. 

Depression  of  street  at  south  end  shall  not  exceed  6.979  feet. 

Length  of  south  approach  shall  not  exceed  250  feet. 

Gradient  of  same  shall  not  exceed  2.8  per  cent. 

Length  of  lateral  approach  on  the  south  side  of  East  63d  street,  shall  not 
be  less  than  250  feet. 

Gradient  of  same  shall  not  exceed  3.3  per  cent. 

Width  of  same  shall  not  be  less  than  30  feet. 

Width  of  subway  between  walls  in  State  street,  60  feet. 

Width  of  roadway  between  curbs,  40  feet. 

Width  of  sidewalk,  10  feet  each. 

Width  of  street  on  the  east  side  of  State  street  parallel  with  north  ap- 


§ 383]  L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES. 


795 


proach,  and  extending  from  the  head  of  same  to  the  intersection  with  East 
63d  street,  40  feet. 

Width  of  street  on  the  north  side  of  East  63d  street  parallel  with  ap- 
proach therein,  and  extending  from  the  head  of  same  to  the  intersection  with 
State  street,  shall  not  be  less  than  30  feet. 

Clear  headroom,  13  feet  6 inches. 

There  shall  be  a sidewalk  on  the  north  side  of  the  approach  in  East  63d 
street,  whose  width  shall  not  be  less  than  8 feet. 

The  depression  of  the  sidewalks  shall  be  uniform  throughout  between  the 
heads  of  the  approaches  and  they  shall  be  5 feet  above  the  roadway  at  the 
curb  lines,  at  all  points  between  the  portals. 

The  construction  of  the  north  approaches  to  this  subway  will  be  the  ex- 
clusive work  of  the  Lake  Shore  and  Michigan  Southern  Railway  Company, 
and  the  construction  of  the  south  approach  will  be  the  exclusive  work  of  the 
Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company. 

The  Lake  Shore  and  Michigan  Southern  Railway  Company  shall  construct 
the  subways  under  its  own  tracks  and  up  to  the  lines  of  its  right  of  way  be- 
tween the  portals.  , 


DETAILS  OF  SUBWAY  IN  WENTWORTH  AVENUE  AND  65TH 

STREET. 

Elevation  of  floor  shall  not  be  les's  than  17.151  feet  above  city  datum. 

Depression  of  avenue  shall  not  exceed  3.65  feet. 

Length  of  north  approach  shall  not  exceed  130  feet. 

Gradient  of  same  shall  not  exceed  2.8  per  cent. 

Length  of  south  approach  shall  not  exceed  196  feet,  including  the  width 
of  the  level  intersection  with  66th  street. 

Gradient  of  same  shall  not  exceed  2.8  per  cent. 

Length  of  approach  from  the  west  in  65th  street  shall  not  exceed  130  feet. 

Gradient  of  same  shall  not  exceed  2.9  per  cent. 

Length  of  approach  from  the  east  in  65th  street  shall  not  exceed  150  feet. 

Gradient  of  same  shall  not  exceed  3.25  per  cent. 

Width  of  subway  in  Wentworth  avenue  between  walls,  63  feet. 

Number  of  roadways,  2. 

Width  of  roadway  between  curbs  and  wheel  guards  around  center  line  of 
columns,  20  feet  each. 

Width  of  sidewalks,  10  feet  each. 

Width  of  wheel  guards  around  bases  of  center  line  of  columns  shall  not 
exceed  3 feet  at  the  floor  line. 

The  sidewalks  shall  not  be  depressed  with  the  roadways,  but  shall  be 
carried  throughout  at  their  normal  elevations,  and  they  shall  be  provided  with 
steps  not  less  than  6 feet  long,  descending  into  the  roadways  at  the  intersec- 
tions with  65th  street  on  the  east  and  west  sides  of  Wentworth  avenue. 

Clear  headroom,  13  feet  6 inches. 


DETAILS  OF  SUBWAY  IN  66TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  17  feet  above  city  datum 
Depression  of  street  shall  not  exceed  4.2  feet. 

Length  of  approaches  shall  not  exceed  150  feet  each. 

Gradients  of  same  shall  not  exceed  3 per  cent.  each. 

Length  of  approach  in  Ross  avenue  shall  not  exceed  100  feet 
Gradient  of  same  shall  not  exceed  3.70  per  cent. 

Width  of  roadway  between  curbs,  30  feet. 

Width  of  sidewalks,  18  feet  each. 

Clear  headroom,  12  feet, 


796 


RAILROADS. 


[§  383 

DETAILS  OF  SUBWAY  IN  67TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  16.46  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  3.8  feet. 

Length  of  approaches  shall  not  exceed  130  feet  each. 

Gradients  of  same  shall  not  exceed  3.5  per  cent.  each. 

Width  of  roadway  between  curbs,  30  feet. 

Width  of  sidewalks,  18  feet  each. 

Length  of  approach  in  Yale  avenue  shall  not  exceed  100  feet. 

Gradient  of  same  shall  not  exceed  3.25  per  cent. 

Clear  headroom,  12  feet. 

DETAILS  OF  SUBWAY  IN  NORMAL  PARKWAY. 

Elevation  of  floor  shall  not  be  less  than  15.11  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  4.7  feet. 

Length  of  approaches  shall  not  exceed  140  feet  each. 

Gradients  of  same  shall  not  exceed  3.4  per  cent.  each. 

Length  of  approach  in  Lincoln  avenue  shall  not  exceed  100  feet. 
Gradient  of  same  shall  not  exceed  3 per  cent. 

Length  of  the  level  floor  shall  not  be  less  than  215  feet. 

Width  of  subway  between  walls,  73  feet. 

Width  of  roadway  between  curbs,  30  feet. 

Width  of  north  sidewalk,  18  feet. 

Width  of  south  sidewalk,  25  feet. 

Clear  headroom,  12  feet. 

DETAILS  OF  SUBWAY  IN  69TH  STREET. 

Elevation  of  floor  shall  not  be  less  than  12.63  feet  above  city  datum. 
Depression  of  street  shall  not  exceed  6.27  feet. 

Length  of  approaches  in  69th  street  and  in  Webster  avenue  shall  not  ex- 
ceed 200  feet  each. 

Gradients  of  same  shall  not  exceed  3.15  per  cent.  each. 

Width  of  roadway  between  curbs,  42  feet. 

Width  of  sidewalks,  12  feet  each. 

Clear  headroom,  13  feet  6 inches. 

The  depressions  of  all  streets  are  referred  to  and  measured  from  the  es- 
tablished grade  at  the  head  of  the  approaches. 

Note — See  following  ordinance  for  vacation  of  19th,  20th,  21st  and 
Spring  streets,  and  also  following  amendatory  ordinance. 

§ 383.  Lake  Shore  & Michigan.  Southern  and  Chicago,  Rock 
Island  & Pacific  Railway  companies. 

If  1.  Part  of  Nineteenth  street  vacated. 

IT  2.  Part  of  Twentieth  street  vacated, 
if  3.  Part  of  Twenty-first  street  vacated. 

•ff  4.  Part  of  Sprang  street  vacated, 
if  5.  When  in  fon.e. 

An  ordinance  vacating  those  parts  of  Nineteenth  street,  Twentieth  street,  Twenty- 
first  street  and  [Spring  street  lying  within  the  right  of  way  of  the  Chicago, 
Rock  Island  & Pacific  Railroad  company  and  the  Lake  Shore  & Michigan 
Southern  Railway  company,  in  the  city  of  Chicago,  county  of  Cook  and  state 
of  Illinois.  (Passed  July  12,  1894.) 

if  1.  Part  of  Nineteenth  street  vacated.]  Be  it  ordained  by 


§ 384]  L-  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES.  797 

the  city  council  of  the  city  of  Chicago:  § I.  That  that  part  of  Nine- 

teenth street  lying  within  the  right  of  way  of  the  Chicago,  Rock  Island 
and  Pacific  Railroad  Company  and  Lake  Shore  and  Michigan  Southern 
Railway  Company,  lying  between  the  east  line  of  La  Salle  street  and 
a line  79  feet  west  and  parallel  to  the  west  line  of  Clark  street,  as  shown 
on  that  portion  colored  yellow  of  the  plat  hereto  attached  and  marked 
Exhibit  “A/’  be  and  the  same  is  hereby  vacated  and  closed. 

1 2.  Part  of  Twentieth  street  vacated.]  § 2.  That  that 
part  of  Twentieth  street  lying  within  the  right  of  wav  of  the  Chicago, 
Rock  Island  and  Pacific  Railroad  Company  and  the  Lake  Shore  and 
Michigan  Southern  Railway  Company  lying  between  the  east  line  of 
La  Salle  street  and  a line  79  feet  west  of  and  parallel  to  the  west  line  of 
Clark  street,  as  shown  on  that  portion  colored  yellow  on  the  plat  here- 
to attached  and  marked  Exhibit  “B,v  be  and  the  same  is  hereby  vacated 
and  closed. 

1 3.  Part  of  Twenty-first  street  vacated.]  § 3.  That  that 
part  of  Twenty-first  street  lying  within  the  right  of  way  of  the  Chicago, 
Rock  Island  & Pacific  Railroad  Company  and  Lake  Shore  and  Michi- 
gan Southern  Railway  Company  lying  between  the  east  line  of  La  Salle 
street  and  a line  drawn  between  a point  on  north  line  of  Twenty-first 
street,  located  79  feet  west  of  west  line  of  Clark,  street  and  a point  on 
south  line  of  Twenty-first  street  and  66  feet  west  of  west  line  of  Clark 
street,  as  shown,  on  that  portion  colored  yellow  of  the  plat  hereto  at- 
tached, and  marked  Exhibit  “C,”  be  and  the  same  is  hereby  vacated 
and  closed. 

1 4.  Part  of  Spring  street  vacated.]  § 4.  That  that  part 
of  Spring  street  Ivin g within  the  right  of  way  of  the  Chicago,  Rock 
Island  and  Pacific  Railroad  Company  and  the  Lake  Shore  and  Michi- 
gan Southern  Railway  Company  lying  between  a line  121  11-100  feet 
east  of  and  parallel  to  the  east  line  of  La  Salle  street  and  a line  94  feet 
west  of  and  parallel  to  the  west  line  of  Armour  avenue,  as  shown  on 
that  portion  colored  yellow  of  the  plat  hereto  attached,  and  marked  Ex- 
hibit “D,”  be  and  the  same  is  hereby  vacated  and  closed. 

If  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 384.  Lake  Shore  & Michigan  Southern  Railway  company  and 
Chicago,  Rock  Island  & Pacific  Railway  company. 

r i.  Amending  ordinance  of  July  9,  1894. 

If  2.  Lake  Shore  tracks  south  of  divergence, 
if  2a.  Detail  of  subways  and  of  grade  crossings, 
if  2b.  Future  subways  at  Keefe  and  St.  Lawrence  avenues, 
if  2c.  Stipulation  of  city  as  to  subways  at  Keefe  and  St.  Lawrence 
avenues. 

If  2d.  Ordinance  of  July  9,  1894,  to  apply,  when. 

If  2e.  Commencement  and  completion  of  work. 

Tf  2f.  Company  to  light  subways. 

if  2g.  Change  of  location  of  underground  work. 


798 


RAILROADS. 


[§  384 


IT  2h.  Sixty-seventh  street  a thoroughfare — city  to  pay  for  subway. 

2i.  When  in  force — agreement. 

An  ordinance  to  amend  an  ordinance  relating  to  the  elevation  of  the  tracks  of 
the  Lake  Shore  & Michigan  Southern  Railway  company  and  of  the  Chicago, 
Rock  Island  & Pacific  Railway  company.  (Passed  January  18,  1897.) 

1 1.  Amending  ordinance  of  July  9,  1894.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  an  ordinance 

entitled  “An  ordinance  requiring  the  Lake  Shore  and  Michi- 
gan Southern  Railway  Company  and  the  Chicago,  Rock 
Island  and  Pacific  Railway  Company  to  elevate  the  plane  of  certain 
of  their  railway  tracks  within  the  city  of  Chicago,”  passed 
by  the  city  council  of  said  city  on  July  9th,  A.  D.  1894,  be  and  the 
same  is  hereby  amended  by  amending  section  2 of  said  ordinance, 
and  by  adding  thereto  other  sections  to  be  known  as  section  2a,  sec- 
tion 2b,  section  2c,  section  2d,  section  2e,  section  2f,  section  2g,  sec- 
tion 2h,  and  section  2i,  respectively,  so  that  section  2 as  amended  and 
so  that  said  additional  sections  as  inserted  in  said  amended  ordinance 
shall  be  as  follows: 

IT  2.  Lake  Shore  tracks  south  of  divergence.]  § 2.  From 

the  point  where  the  roadbed  and  tracks  so  to  be  elevated  as  aforesaid, 
cease  to  be  common  as  between  said  railway  companies,  and  where  the 
line  of  the  said  Lake  Shore  and  Michigan  Southern  Railway  Company 
separates  and  diverges  from  the  line  of  the  said  Chicago,  Rock  Island 
& Pacific  Railway  Company,  the  Lake  Shore  and  Michigan  Southern 
Railway  Company  shall  elevate  the  plane  of  its  roadbed  and  tracks,  in 
the  manner  following,  that  is  to  say : 

Beginning  at  said  point  of  divergence,  at  or  near  the  north  line  of 
61  st  street,  where  an  elevation  of  not  less  than  nine  (9)  feet  above  the 
plane  of  said  existing  roadbed  has  been  attained  as  aforesaid,  the  road- 
bed and  tracks  of  said  Lake  Shore  and  Michigan  Southern  Railway 
Company,  continuing  therefrom  in  a southerly  and  southeasterly  direc- 
tion shall  descend  on  a gradient  of  about  six  (6)  hundredths  of  one  per 
centum,  for  a length  or  distance  of  about  one  thousand  eight  hundred 
(1,800)  feet  to  the  east  line  of  State  street,  within  which  said  distance 
or  length  of  about  eighteen  hundred  (1800)  feet  as  aforesaid,  elevations 
above  the  plane  of  said  existing  roadbed  of  not  less  that  eight  (8)  feet  at 
63rd  street  and  seven  and  one-half  (7J/2)  feet  at  State  street  shall  be 
attained;  thence  said  elevated  roadbed  and  tracks  shall  continue  and 
descend  to  the  eastward  for  a distance  of  about  three  thousand  (3,000) 
feet  to  a point  on  the  north  line  of  67th  street  extended  across  the  lands 
and  right  of  way  of  the  railway  company  where  the  elevation  of  the 
base  of  rail  of  said  'elevated  tracks  shall  not  be  less  than  eighteen  and 
eight-tenths  (18.8)  feet  above  the  city  datum:  thence  said  elevated  road- 
bed and  tracks  shall  continue  to  the  eastward  on  a level  plane  for  a dis- 
tance of  about  seven  hundred  (700)  feet  to  a point  on  the  east  line  of 
South  Park  avenue;  thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a southeasterly  direction  and  shall  descend  on  a suitable  gra- 


L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES. 


799 


dient  to  a point  about  three  hundred  (300)  feet  east  of  the  east  line  of 
St.  Lawrence  avenue,  where  the  level  of  said  elevated  roadbed  and 
tracks  shall  conform  to  the  grade  of  said  roadbed  and  tracks  as  they 
now  exist. 

If  2a.  Detail  of  subways  and  of  grade  crossings.]  § 2a. 

The  said  Lake  Shore  and  Michigan  Southern  Railway  Company 
shall  build  and  construct  under  said  elevated  roadbed)  and  tracks 
subways  at  67th  street  and  South  Park  avenue  and  grade  crossings  at 
Keefe  avenue  and  at  St.  Lawrence  avenue  in  conformity  to  the  follow- 
ing details:  And  the  grades  of  the  several  streets  and  avenues  in  this 

ordinance  mentioned  are  hereby  changed  and  established  so  as  to  con- 
form in  all  respects  to  the  said  details : 

DETAILS  OF  SUBWAY  IN  67TH. 

Elevation  of  floor  in  (subway  shall  not  be  less  than  five  and  three-tenth 
(5.3)  feet  above  city  datum. 

Depression  of  street  shall  not  exceed  five  and  five-tenths  (5.5)  feet  below 
established  grade  of  street. 

The  length  of  east  approach  shall  not  exceed  one  hundred  and  sixty  (160) 
feet. 

The  gradient  of  same  shall  not  exceed  three  and  one-half  (3%)  per  centum. 

Width  between  walls  sixty-six  (66)  feet,  67th  street. 

Width  roadway,  forty-two  (42)  feet. 

Width  sidewalks,  twelve  (12)  feet. 

Clear  headroom,  twelve  and  one-half  (12 y2)  feet  above  roadway  and  not 
less  than  seven  and  one-half  (7%)  feet  above  sidewalk. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway  one  foot 
above  level  of  same.  Two  lines  of  posts  may  be  placed  in  said  subway  at 
the  curb  lines  and  inside  thereof  to  support  girders. 


DETAILS  OF  SUBWAY  IN  SOUTH  PARK  AVENUE. 

Elevation  of  floor  of  subway  shall  not  be  less  than  five  and  three-tenths 
(5.3)  feet  above  city  datum. 

Depression  of  street  shall  not  exceed  five  and  seven-tenths  (5.7)  feet  be- 
low established  grade  of  street. 

The  length  of  north  approach  shall  not  exceed  one  hundred  and  sixty 
(160)  feet. 

The  gradient  of  same  shall  not  exceed  three  and  one-half  (3 y2)  per  centum. 

Width  between  walls  sixty-six  (66)  feet,  South  Park  avenue. 

Width  roadway,  forty-two  (42)  feet. 

Width  sidewalks,  twelve  (12)  feet. 

Clear  headroom,  twelve  and  one-half  (12 y2)  feet  above  roadway  and  not 
less  than  seven  and  one-half  (7 y2)  feet  above  sidewalk. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway  and  about 
one  foot  above  level  of  same.  Two  lines  of  posts  may  be  placed  in  said  sub- 
way at  the  curb  lines  and  inside  thereof  to  support  girders. 


DETAILS  OF  GRADE  CROSSINGS  AT  KEEFE  AVENUE. 

At  the  intersection  of  Keefe  avenue  with  the  elevated  roadbed  and  tracks 
on  the  descending  grade  from  South  Park  avenue  to  St.  Lawrence  avenue] 
there  shall  be  constructed  upon  and  across  said  roadbed  and  tracks,  a good 


800  RAILROADS.  [§  384 

and  sufficient  street  crossing  of  said  Keefe  avenue,  in  the  following  manner, 
to  wit: 

Said  company  shall  construct  approach  from  the  northeast  in  Keefe  ave- 
nue upon  an  incline  from  the  present  surface  of  said  street  at  a grade  not  ex- 
ceeding three  and  one-half  (3^)  per  centum.  Said  crossing  shall  be  well  and 
sufficiently  planked  across  said  approach,  and  said  planked  crossing  shall  be 
of  the  full  width  of  said  Keefe  avenue.  Said  company  shall  also  construct  a 
wooden  sidewalk  eight  feet  in  width  on  each  side  of  said  avenue,  within  the 
limits  of  said  company’s  right  of  way. 


DETAILS  OF  GRADE  CROSSING  AT  ST.  LAWRENCE  AVENUE. 

At  the  intersection  of  St.  Lawrence  avenue  with  the  elevated  roadbed  and 
tracks,  on  the  descending  grades  from  South  Park  avenue  to  the  said  point 
three  hundred  (300)  feet  east  of  St.  Lawrence  avenue,  there  shall  be  con- 
structed upon  and  across  said  roadbed  and  tracks  a good  and  sufficient  street 
crossing  of  said  St.  Lawrence  avenue,  in  the  following  manner,  to  wit: 

Said  company  shall  construct  approach  from  the  north  in  said  St.  Law- 
rence avenue  upon  an  incline  from  the  present  surface  of  said  street  at  a 
grade  not  exceeding  three  (3)  per  centum.  Said  crossing  shall  be  well  and 
sufficiently  planked  across  said  approach,  and  said  plank  crossings  shall  be  of 
the  full  width  of  said  St.  Lawrence  avenue.  Said  company  shall  also  con- 
struct a wooden  sidewalk  eight  (8)  feet  in  width,  on  each  side  of  said  St.  Law- 
rence avenue,  within  the  limits  of  said  company’s  right  of  way. 

If  2b.  Future  subways  at  Keefe  and  St.  Lawrence  ave- 
nues.] § 2b.  Whenever,  at  any  time  hereafter,  the  elevation  of  such 
roadbed  and  tracks  shall  be  extended  further  southeasterly  than  is  pro- 
vided in  this  ordinance,  it  shall  be  the  duty  of  said  Lake  Shore  and 
Michigan  Southern  Railway  Company  to  construct  at  its  own  expense 
its  portion  (being  that  part  northeasterly  of  the  southwesterly  line  of 
its  right  of  way)  of  subways  at  Keefe  avenue  and  at  St.  Lawrence  av- 
enue, which  subways  shall  in  the  main  be  similar  to  the  subways  al- 
ready built  along  the  portion  of  said  line  of  railway  heretofore  elevated. 

If  2c.  Stipulation  of  city  as  to  subways  at  Keefe 
and  St.  Lawrence  avenues.]  § 2c.  The  city  shall  and  will  provide 
for  and  cause  the  extension  and  construction  of  said  subways  across 
and  southwesterly  of  the  right  of  way  of  the  Pittsburg,  Ft.  Wavne  and 
Chicago  Railway  Company,  and  under  its  tracks  and  the  approaches 
thereto  from  the  west.  Also  for  the  necessary  change  of  grade  over 
said  last  named  company’s  right  of  way  and  tracks  at  Keefe  avenue 
and  at  St.  Lawrence  avenue,  and  the  Lake  Shore  and  Michigan  South- 
ern Railway  Company  shall  not  do,  or  be  required  to  do,  or  pay  any 
part  of  the  cost  or  expense  of,  the  work  and  improvement  herein  pro- 
vided for,  which  is  to  be  done  southwesterly  of  the  line  between  its 
right  of  way  and  the  right  of  way  of  the  Pittsburg,  Ft.  Wayne  and 
Chicago  Railway  Company.  It  shall  be  and  is  hereby  made  the  duty, 
respectively,  of  said  Lake  Shore  and  Michigan  Southern  Railway 
Company  and  of  the  Pittsburg,  Ft.  Wayne  and  Chicago  Railway  Com- 
pany and  its  lessee,  the  Pennsylvania  Company,  to  prosecute 
simultaneously  the  work  provided  for  in  this  ordinance,  and 


801 


§ 384]  L-  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES. 

the  work  provided  for  in  a certain  other  ordinance  of  the  city  of 
Chicago  in  relation  to  the  same  subject-matter,  requiring  the  elevation 
of  the  tracks  and  roadbed  of  said  Pittsburg,  Ft.  Wayne  and  Chicago 
Railway  Company  between  the  east  line  of  State  street  and  a point 
about  three  hundred  (300)  feet  east  of  the  east  line  of  St.  Lawrence 
avenue,  so  that  the  public  use  of  the  streets  shall  not  be  unnecessarily 
or  unduly  interfered  with.  Should  either  of  said  companies  fail  to  pros- 
ecute such  work,  after  August  1st,  1899,  at  the  same  time  the  other 
company  shall  be  proceeding  with  its  portion  of  said  work,  and  if 
through  such  default  the  public  use  of  67th  street,  or  South  Park  av- 
enue, or  Keefe  avenue,  or  St.  Lawrence  avenue,  or  either  of  said  streets 
or  avenues,  should,  in  the  opinion  of  the  commissioner  of  public  works 
of  the  city  of  Chicago,  be  unduly  interfered  with,  then  and  in  that  case 
such  commissioner  shall  be  and  is  hereby  authorized  and  empowered 
to  take  any  and  all  such  legal  steps  as  may  be  necessary  to  prevent  un- 
reasonable obstruction  to  the  use  of  said  street  by  the  public. 

If  2d.  Ordinance  of  July  9,  1894,  to  apply,  when.] 
§ 2d.  All  of  the  provisions  of  the  ordinance  of  July  9th,  1894,  hereby 
amended  shall  apply  to  all  things  provided  for  and  embraced  in  this 
ordinance,  unless  herein  otherwise  specially  provided,  and  the  rights, 
obligations,  powers  and  duties  of  the  city  and  said  Lake  Shore  and 
Michigan  Southern  Railway  Company  shall  be  the  same  in  all  respects 
as  if  said  ordinance  of  July  9th,  1894,  had  originally  contained  all  the 
matters  and  things  contained  in  this  ordinance,  and  said  ordinance  of 
Tuly  9th,  1894,  and  this  ordinance  shall  be  construed  together,  the  same 
as  if  both  had  been  contained  in  said  ordinance  hereby  amended. 

If  2e.  Commencement  and  completion  of  work.]  § 2e.  The 
additional  work  provided  for  in  this  amendatory  ordinance  shall  be 
commenced  on  or  after  August  1,  1899,  and  fully  finished  and  com- 
pleted in  two  years  from  and  after  the  first  day  of  August,  1899,  the 
date  when  said  railway  company  is  to  have  completed  the  elevation  of 
its  roadbed  to  State  street,  under  the  provisions  of  the  said  ordinance 
of  July  9th,  1894. 

T 2f.  Company  to  light  subways.]  § 2f.  Said  railway  com- 
pany shall  construct  the  necessary  appliances  and  perpetually  provide, 
at  its  own  expense,  a good  and  sufficient  light  for  each  of  the  subways 
herein  provided  for.  The  light  so  to  be  furnished  to  be  satisfactory  to 
the  commissioner  of  public  works  of  the  city  of  Chicago. 

' 2g.  Change  of  location  of  underground  work.] 

§ 2g.  If  found  necessary  during  the  construction  of  said  subways  to 
change  the  location  of  the  water  pipes,  sewers  or  electrical  conduits 
owned  by  the  city  of  Chicago,  all  such  work  shall  be  done  by  the  said 
railway  company  at  its  own  cost  and  expense,  and  according  to  the  di- 
rections of  the  commissioner  of  public  works,  but  the  gradient  of  the 
sewers  shall  not  be  reduced  in  any  event. 

^ 2h*  Sixty-seventh  street  a thoroughfare— city  to  pay  for 


802 


RAILROADS. 


[§  384 


subway.]  § 2h.  Said  railway  company  shall  and  will  and  does  here- 
by grant  to  the  said  city  of  Chicago  the  perpetual  right  of  way  on  or 
after  August  1st,  1899,  for  the  opening,  extending  and  maintaining 
of  67th  street  as  a public  highway  across  its  lands  and  right  of  way  by 
means  of  a subway  to  be  constructed  as  herein  provided,  and  in  consid- 
eration thereof,  and  of  the  acceptance  of  this  ordinance  by  the  said 
railway  company,  the  city  undertakes  and  agrees  that  it  will  not  here- 
after require  or  attempt  to  compel  said  railway  company  at  its  ex- 
pense to  build  any  additional  or  other  subways  than  those  in  this  ordi- 
nance provided  for,  between  State  street  and  South  Park  avenue.  But 
it  is  hereby  agreed  that  if  the  city  of  Chicago  shall  at  any  time  hereafter 
open  and  extend  any  street  or  streets  or  avenue  or  alley  between  State 
street  and  South  Park  avenue,  such  extension  shall  be  by  means  of 
subways  only  across  the  right  of  way  and  lands  and  yard  of  said  com- 
pany; and  in  such  case  no  claim  for  compensation  on  account  of  land 
taken  for  right  of  way  of  such  street,  avenue  or  alley  will  be  made  by 
the  railway  company,  and  such  waiver  of  compensation  shall  attach  to 
and  run  with  such  land  in  the  hands  of  any  grantee  or  grantees  of  such 
railway  company  or  companies;  but  the  sole  cost  and  expense  of  the 
construction  of  such  subways  and  of  such  bridges  as  may  be  necessary 
to  carry  all  the  tracks  on  said  company’s  lands  and  right  of  way  and 
yard  over  said  highways  shall  be  borne  and  paid  by  the  city  of  Chicago, 
without  expense  to  the  company ; and  in  no  case  shall  any  such  bridge 
over  such  subways  so  to  be  built  be  inferior  in  any  regard  to  the  bridges 
provided  by  this  ordinance  or  whidh  shall  be  constructed  over  the  sub- 
ways at  67th  street  and  at  South  Park  avenue.  The  work  of  such  con- 
struction shall  be  done  by  the  railway  company,  and  the  amount  to  be 
paid  by  the  city  for  such  work  and  construction  shall  not  exceed  the 
actual  and  reasonable  cost  thereof.  Said  bridges  respectively  shall  sup- 
port all  the  tracks  of  said  company  then  existing  and  in  use  across  the 
lines  of  such  proposed  streets  at  the  time  of  the  construction  of  any 
such  subway  across  such  right  of  way  and  yard  of  said  railway  com- 
pany. But  said  railway  company  shall  not  be  required  to  do  any  work 
toward  the  construction  of  any  such  subway  until  the  cost  thereof,  as 
may  be  estimated  by  the  city  engineer  and  the  chief  engineer  of  said 
railway  company,  first  shall  have  been  paid  over  to  said  company  or 
deposited  in  some  responsible  bank  for  its  benefit  and  to  be  paid  over 
to  it  at  once  upon  the  completion  of  said  work.  The  grade  of  the  road- 
bed and  tracks  of  said  company  shall  be  and  remain  at  the  grade  here- 
inbefore specified. 

If  2i.  When  in  force — agreement.]  § 2 i.  This  ordinance  shall 

take  effect  from  and  after  its  passage  and  approval;  Provided,  however, 
that  the  same  shall  be  null  and  void  if  the  said  railway  company  shall 
not,  within  sixty  (60)  days  from  the  passage  of  this  ordinance,  file  with 
the  mayor  of  the  city  of  Chicago  an  agreement,  duly  executed,  where- 
by said  railway  company  shall  undertake  to  do  and  perform  all  the  mat- 
ters and  things  required  of  it  by  this  ordinance.  After  the  filing  of  said 


§ 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  803 

agreement,  as  aforesaid,  this  ordinance  shall  be  binding  upon  the  city 
and  said  railway  company,  and  shall  not  be  materially  modified  or 
amended  without  the  consent  of  said  railway  company,  but  nothing  in 
this  ordinance  contained  shall  be  deemed  a waiver  or  surrender  of  the 
police  power  of  the  city,  or  to  deprive  the  city  of  the  right  to  perpetually 
exercise  such  police  power. 


PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAIL- 
WAY AND  OTHER  COMPANIES. 

§ 385.  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  com- 
pany, Chicago  & Northwestern  Railway  company  and 
Chicago  & Northern  Pacific  Railroad  company. 

^f  1.  Rockwell  street — gradients, 
it  2.  Subways — location. 

3.  Specifications  for  subways — grades,  etc. 

IT  4-  Drainage  of  subways. 

it  5.  Deflection  of  pipes,  sewers,  etc. 

it  6.  Bridge  construction — embankments — retaining  walls. 

it  7.  Location  of  abutments — vacation  of  streets. 

it  8.  Authority  of  city  over  construction. 

it  9.  Temporary  obstruction  of  street — side  tracks. 

it  10.  Elevation,  construction,  commencement,  etc. 

it  11.  Notice  before  commencing  work. 

it  12.  Trespassing — penalty. 

it  13.  Speed,  gates,  flagmen,  etc. 

it  14.  Suits,  actions  and  proceedings. 

it  15.  When  in  force — agreement — C.  & N.  P.  R.  R.  Co. 

it  16.  Repeal  of  ordinances  for  opening  streets. 

it  17.  C.  & N.  P.  R.  R.  company. 

it  18.  Paving  at  expense  of  companies. 

if  19.  C.  & N.  P.  R.  R.  company — failure  to  comply — penalty. 

An  ordinance  requiring  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
company,  the  Chicago  & Northwestern  Railway  company,  the  Chicago  & 
Northern  Pacific  Railroad  company  and  any  successor  to  the  railroad  of  said 
last  named  company,  to  respectively  elevate  the  plane  of  certain  of  their 
railway  tracks  within  the  city  of  Chicago.  (Passed  January  18,  1897. 
Agreement  by  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  com- 
pany and  the  Chicago  & Northwestern  Railway  company,  filed  in  office  of 
the  city  clerk  March  1,  1897.  Agreement  of  date  July  21,  1897,  by  the  Chi- 
cago Terminal  Transfer  Railroad  company  (successor  to  the  Northern  Pacific 
Railroad  company),  filed  in  the  office  of  the  mayor  July  23,  1897.) 

1 1.  Rockwell  street— gradients.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § I.  The  Pittsburgh,  Cincinnati, 

Chicago  and  St.  Louis  Railway  Company,  the  Chicago  and  North- 
western Railway  Company,  and  the  Chicago  and  Northern  Pacific 
Railroad  Company,  are  respectively  hereby  ordered  and  required  to 


804 


RAILROADS. 


[§  385 


elevate  the  plane  of  their  roadbeds  and  tracks  within  certain  limits  of 
the  city  of  Chicago,  in  manner  and  upon  the  conditions  hereinafter 
specified,  that  is  to  say: 

Paragraph  1.  Beginning  on  the  north' line  of  Ogden  avenue  on 
die  tracks  of  the  Chicago  and  Northwestern  Railway  Company,  the 
Pittsburgh,  Cincinnati  and  St.  Louis  Railway  Company  and  the  Chi- 
cago and  Northen  Pacific  Railroad  Company,  respectively,  said  tracks 
shall  rise  therefrom  on  a gradient  of  about  .7  per  centum  for  a distance 
of  about  1,100  feet  to  the  south  line  of  West  Twelfth  street,  where  an 
elevation  of  not  less  than  19.2  feet  above  Chicago  city  datum  shall  be 
attained  by  all  the  tracks  of  said  companies  crossing  West  Twelfth 
street,  between  Campbell  avenue  and  Tallman  avenue. 

Paragraph  2.  From  the  south  line  of  West  Twelfth  street,  the 
roadbeds  and  tracks  of  the  Chicago  and  Northwestern  Railway  Conv 
pany  and  the  Chicago  and  St.  Louis  Railway  Company  shall  proceed 
as  follows:  They  shall  continue  to  rise  from  the  south  line  of  West 

Twelfth  street  on  a gradient  of  about  .407  of  one  per  centum  for  a dis- 
tance of  about  980  feet  to  the  south  line  of  Taylor  street,  where  an  ele- 
vation of  not  less  than  23.19  feet  above  Chicago  city  datum  shall  be 
attained;  thence  they  shall  proceed  on  a level  grade  to  a point  100  feet 
south  of  Flournoy  street;  thence  they  shall  rise  on  a gradient  of  about 
.14  of  one  per  centum  for  a distance  of  about  3,650  feet 
to  a point  50  feet  south  of  the  south  line  of  Washington 
boulevard,  where  an  elevation  of  not  less  than  28.3  feet  above  Chicago 
city  datum  shall  be  attained;  thence  they  shall  proceed  on  a level  grade 
for  a distance  of  900  feet  to  a point  about  250  feet  north  of  Lake  street; 
thence  they  shall  proceed  on  a descending  grade  of  about  .36  of  one 
per  centum  to  the  north  line  of  Fulton  street,  where  they  shall  have  an 
elevation  of  not  less  than  26.25  feet  above  Chicago  city  datum.  In  the 
course  of  said  elevated  roadbeds  and  tracks  in  this  paragraph  described 
they  shall  have  elevations  above  city  datum  of  not  less  than  23.19  feet 
at  West  Polk  street,  23.33  feet  at  Flournoy  street,  23.78  feet  at  West 
Harrison  street,  24.34  feet  at  West  Congress  street,  24.88  feet  at  West 
Van  Buren  street,  25.59  feet  at  Jackson  boulevard,  26.06  feet  at  West 
Adams  street,  26.97  feet  at  West  Monroe  street,  27.42  feet  at  West 
Madison  street,  27.88  feet  at  Warren  avenue,  28.30  feet  at  Washington 
boulevard,  28.30  feet  at  West  Lake  street. 

Paragraph  3.  From  the  north  line  of  Fulton  street,  said  elevated 
roadbeds  and  tracks  of  said  Chicago  and  Northwestern  Railway  Com- 
pany, and  said  Pittsburgh,  Cincinnati,  Chicago  and  St.  Louis  Railway 
Company  shall  descend  to  a junction  with  and  plane  of  the  tracks  of 
said  companies  not  hereby  required  to  be  elevated,  at  a point  not  fur- 
ther east  than  Western  avenue,  on  such  gradient  and  within  such  dis- 
tance as  may  be  found  by  said  companies  convenient  and  practicable. 

Paragraph  4.  The  elevated  roadbeds  and  tracks  of  the  Chicago 
and  Northern  Pacific  Railroad  Company  shall  continue  to  rise  from  the 
south  line  of  West  Twelfth  street,  on  a gradient  of  about  .4  of  one  per 


§ 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  805 


centum,  until  after  crossing  said  elevated  roadbeds  and  tracks  of  the 
Chicago  and  Northwestern  Railway  Company  and  the  Pittsburg,  Cin- 
cinnati Chicago  and  St.  Louis  Railway  Company,  at  the  latter’s  new 
grade  in- this  section  previously  described;  and  after  such  crossing,  said 
elevated  roadbeds  and  tracks  of  said  Chicago  and  Northern  Pacific 
Railroad  Company  shall  descend  to  thewest  line  of  Washtenaw  avenue, 
where  they  shall  have  an  elevation  above  the  plane  of  the  existing  road- 
bed and  tracks  of  not  less  than  6.40  feet;  thence  they  shall  continue  to 
descend  on  a gradient  of  about  .7  of  one  per  centum  for  a distance  of 
about  705  feet  to  a point  about  on  the  east  line  of  California  avenue, 
conforming  at  that  point  to  the  plane  of  the  existing  roadbed  and  tracks 
of  said  Chicago  and  Northern  Pacific  Railroad  Company. 

Paragraph  5.  The  elevations  of  the  roadbeds  and  tracks  in  this 
section  required  are  intended  to  indicate  and'  shall  be  measured  to  the 
level  of  the  top  of  the  rail  of  the  elevated  tracks. 

1 2.  Subways— location.]  § 2.  A subway  passing  beneath  the 
tracks  of  the  Pittsburgh,  Cincinnati,  Chicago  and  St.  Louis  Railway 
Company,  the  Chicago  and  Northwestern  Railway  Company  and  the 
Chicago  and  Northern  Pacific  Railroad  Company,  which  are  required 
to  be  elevated,  as  aforesaid,  shall  be  constructed  where  said  tracks  are 
intersected  and  crossed  by  West  Twelfth  street,  and  each  of  said  three 
companies  shall  construct  its  own  proper  part  of  such  subway  and  its 
approaches. 

A subway  shall  be  constructed  by  the  Chicago  and  Northern  Pa- 
cific Railroad  Company  beneath  the  tracks  of  said  company  hereby  re- 
quired to  be  elevated  where  said  tracks  are  intersected  and  crossed  by 
Washtenaw  avenue. 

Subways  shall  be  constructed  beneath  the  tracks  of  the  Pittsburgh, 
Cincinnati,  Chicago  and  St.  Louis  Railway  Company  and  the  Chicago 
and  Northwestern  Railway  Company  where  said  tracks  are  intersected 
and  crossed  by  West  Taylor  street,  Harvard  street,  West  Polk  street, 
Lexington  street,  Flournoy  street,  West  Harrison  street.  West  Con- 
gress street,  West  Van  Buren  street,  Jackson  boulevard,  West  Adams 
street,  Wilcox  avenue,  West  Monroe  street,  West  Mladison  street,  War- 
ren avenue,  Washington  boulevard,  Park  avenue.  West  Lake  street 
and  Fulton  street;  and  the  former  of  such  two  companies  in  this  para- 
graph named  shall  construct  the  part  of  such  subways  and  the  ap- 
proaches to  such  subways  lying  east  of  the  east  line  of  the  right  of  way 
of  the  Chicago  and  Northwestern  Railway  Company  produced  across 
said  streets,  and  the  last  named  company  shall  construct  the  part  of 
such  subways  and  the  approaches  to  such  subways  lving  west  of  said 
line,  except  that  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Rail- 
way Company  shall  construct  that  part  of  the  subway  in  Fulton  street 
and  the  approach  to  such  subway  lying  east  of  the  easterly  line  of  the 
right  of  way  of  the  Chicago  and  Northwestern  Railway  Company  pro- 
duced, from  the  north  line  of  said  Fulton  street  to  the  south  line  there- 
of, alone  a course  parallel  to  the  easternmost  “Y”  track  of  the  last 


806 


RAILROADS. 


[§  385 


named  company,  and  said  Chicago  and  Northwestern  Railway  Com- 
pany shall  construct  the  part  of  said  Fulton  street  subway  and  the  ap- 
proach to  said  subway  west  of  said  last  described  line. 

T 3.  Specifications  for  subways,  grades,  etc.]  § 3.  Par.  1. 
Each  and  every  subway  hereinbefore  specified,  shall  be  so  constructed 
that  a minimum  clearance  or  headroom  of  not  less  than  twelve  (12) 
feet  shall  be  maintained  between  the  highest  point  in  the  roadway  in 
said  subway  and  the  lowest  point  in  the  overhead  structures. 

The  floors  of  all  subways  shall  extend  on  a level  plane  of  not  less 
than  ten  (10)  feet  beyond  the  portals  of  the  subways  at  each  end. 

Any  of  the  subways  before  mentioned  in  this  ordinance,  and  of 
which  the  Chicago  and  Northwestern  Railway  Company  is  required  to 
construct  a part,  may,  at  the  option  of  said  last  named  company,  be 
extended  to  the  west  of  the  existing  tracks  of  said  company  under 
which  such  subway  is  to  be  built,  but  such  extension  shall  not  go  be- 
yond, and  the  westerly  portal  of  such  subway  shall  be  located  to  the 
east  of  the  point  where  the  westernmost  boundary  of  the  right  of  way 
of  said  Chicago  and  Northwestern  Railway  Company  meets  the  street 
in  which  such  subway  is  built. 

Par.  2.  Each  of  the  three  companies  in  this  ordinance  named  and 
required  to  construct  certain  portions  of  the  subways  hereinbefore 
mentioned,  shall  pave  the  entire  length  and  width  of  the  roadway  in 
such  portions  of  the  subways  as  are  required  to  be  constructed  by  that 
company,  except  that  none  of  said  companies  is  required  to  pave  any 
parts  of  the  subways  to  be  occupied  by  or  adjacent  to  street  railway 
tracks  and  Which,  by  reason  of  existing  laws  or  ordinances,  it  will  be 
the  duty  of  any  street  railway  company  or  other  corporation  itself  to 
pave.  The  paving  so  to  be  done  by  said  railroad  companies  hereunder 
shall  consist  of  a single  course  of  vitrified  brick  of  standard  quality,  laid 
at  right  angles  with  curb  lines,  and  resting  on  a solid  foundation  of 
hydraulic  cement  concrete  nine  (9)  inches  thick  or  deep  when  sqlidly 
tamped  in  place  and  otherwise  solidly  finished,  and  properly  crowned 
ready  for  the  brick  bearing  surface.  Generally,  the  curb  shall  be  of 
hard,  sound  limestone,  free  from  argillacious  seams,  and  of  the  standard 
dimensions  and  finish,  and  otherwise  set  in  permanent  place  in  ac- 
cordance with  the  requirements  of  the  department  of  public  works  of 
Chicago.  Each  of  said  railroad  companies  shall  also<  finish  and  pave  the 
sidewalks  in  such  portions  of  said  subways  as  they  are  respectively  re- 
quired hereby  to  construct  for  their  entire  length  and  width,  with  Port- 
land cement  concrete,  likewise  made  and  finished  in  accordance  with 
the  standard  specifications  of  the  said  department  of  public  works  of 
the  city  of  Chicago. 

Such  portions  of  the  approaches  to  said  subways  as  are  required  to 
be  constructed  by  any  of  said  railroad  companies  shall  be  graded  by 
such  railway  company  at  its  own  expense,  according  to  the  require- 
ments and  specifications  of  this  ordinance.  As  to  all  approaches  in  this 
paragraph  mentioned  which  are  already  paved  or  provided  with  side- 


g 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  807 

walks,  such  paving”  and  sidewalks  shall  be  restored  by  each  of  said  rail- 
road companies  at  its  own  expense  in  such  portions  of  said  approaches 
as  are  required  to  be  constructed  by  such  railroad  company,  except 
that  none  of  said  railroad  companies  is  required  so  to  restore  any  part 
of  the  paving  of  approaches  which  it  will  be  the  duty  of  any  street 
railway  company  or  other  corporation  itself  to  restore  under  existing 
laws  or  ordinances.  All  of  said  work  shall  be  done  to  the  satisfaction 
of  the  department  of  public  works  of  said  city,  but  at  the  expense  of 
said  railroad  companies,  respectively,  as  hereinbefore  stated. 

Par.  3.  The  several  subways  at  the  intersection  of  the  several 
streets,  boulevards  and  avenues  with  said  elevated  structure,  herein- 
before required  to  be  constructed,  shall  generally  conform  to  the  de- 
scription, measurements  and  dimensions  contained  in  the  schedule 
hereunto  annexed  and  made  part  of  this  ordinance,  entitled  “Schedule 
of  Subways.” 

Provided,  however,  that,  in  the  event  said  railroad  companies,  or 
either  of  them,  shall  determine,  before  or  at  the  time  of  the  elevation  of 
the  plane  of  their  tracks  to  diminish  the  number  of  tracks  now  existing 
at  any  street  crossing,  or  to  otherwise  change  the  position  of  their 
tracks,  within  the  limits  of  their  rights  of  way,  then  the  dimensions  of 
the  subways  so  to  be  constructed  may  be  changed  or  modified  in  pro- 
portion to  such  diminution  or  change,  in  so  far  as  regards  the  length 
between  portals,  the  length  of  the  floor  and  the  length  and  location  of 
approaches;  but  the  gradient  of  said  approaches  shall  not  in  any  event 
be  increased;  and  the  plans  for  any  such  changes  as  are  in  this  proviso 
described  shall  be  submitted  to  the  commissioner  of  public  works  and 
receive  his  approval  before  construction  thereunder. 

Par.  4.  Wherever  streets  or  alleys  which  parallel  the  right  of  way 
or  tracks  of  any  of  said  railroad  comnanies  on  one  or  both  Sides  thereof 
are  found  to  be  open  and  to  intercept  portions  of  streets,  boulevards  or 
avenues,  in  which  said  subways  are  to  be  constructed,  all  of  said  streets 
or  alleys  so  found  to  be  open  shall  be  properly  graded  down  into  the 
subwavs  which  they  intercept;  and  the  work  and  expense  of  so  grad- 
ing same  shall,  for  the  purpose  of  distribution  between  the  three  rail- 
road companies  named  in  this  ordinance,  be  deemed  a part  of  the  work 
and  expense  of  constructing  such  subways,  and  shall  be  apportioned 
among  said  three  companies  accordingly.  * 

Par.  5.  Any  street  railway  company  occupying  any  of  the  streets 
in  the  city  of  Chicago  to  be  crossed  by  said  elevated  railway  or  rail- 
ways, shall  when,  and  as  the  grade  of  such  street  shall  be  changed,  as 
in  this  ordinance  provided,  at  its  own  expense,  without  claim  for  dam- 
ages, conform  the  grade  of  its  track  or  tracks  to  the  said  change  of 
grade  on  such  streets;  and  nothing  in  this  ordinance  shall  operate  or  be 
held  to  relieve  such  street  railway  company  from  any  liability  now  ex- 
isting, however  created,  to  pave  or  bear  the  expense  of  paving  such 
streets  between  or  on  either  side  of  the  rails  of  its  said  track  or  tracks, 
in  the  manner  and  form  as  now  required. 


808 


RAILROADS. 


[§  385 


Par.  6.  The  grade  of  the  several  streets,  boulevards,  avenues  and 
alleys  mentioned  in  this  ordinance  and  in  the  schedule  hereunto  at- 
tached, shall  be  and  is  hereby  changed  so  as  to  be  as  in  this  ordinance 
and  in  the  schedule  of  subways  indicated  and  set  forth. 

The  work  of  excavation  rendered  necessary  by  said  change  of 
grade  shall  be  done  to  the  satisfaction  of  the  department . of  public 
works  of  said  city  of  Chicago,  but  by  said  railway  companies  and  at 
their  expense  respectively,  in  such  portions  of  the  subways  or  ap- 
proaches as  they  are  hereinbefore  severally  required  to  construct.  The 
expense  of  constructing  their  said  elevated  roadbeds  and  tracks  and 
the  subways,  approaches  and  other  work  in  this  ordinance  required,  is 
not  intended  to  include,  and  shall  not  include,  damages  to  adjacent 
property  or  business  caused  by  change  of  grade  of  streets,  avenues,  al- 
leys or  the  railways,  or  by  the  vacation  of  any  street,  alley,  avenue  or 
other  public  way,  or  by  the  performance  by  the  railway  companies,  or 
any  of  them,  of  the  matters  and  things  in  this  ordinance  required  of 
such  railway  companies,  or  any  of  them,  it  being  intended  and  under- 
stood that  such  damages,  if  any,  are  to  be  adjusted  and  paid  by  the 
city  of  Chicago. 

Tf  4.  Drainage  of  subways.]  § 4-  The  subways  provided  for 
by  this  ordinance  shall  be  thoroughly  and  properly  drained  by  the  con- 
struction of  receiving  basins,  properly  located  in  or  immediately  ad- 
jacent to  said  subways,  which  said  receiving  basins  shall  be  connected 
with  and  shall  discharge  their  contents  into  the  adjacent  sewerage  sys- 
tem. 

If  5.  Deflection  of  pipes,  sewers,  etc.]  § 5.  Wherever,  dur- 
ing the  construction  of  said  subways,  it  shall  become  necessary  to 
change  the  location  of  the  water  pipes,  sewers  or  electrical  conduits 
owned  by  the  city  of  Chicago,  all  such  shall  be  deflected  laterally  from 
the  position  in  which  they  may  be  found,  or  may  be  depressed  in  their 
trenches  to  such  depth  as  may  be  necessary  for  their  proper  protection, 
or  they  may  be  carried  through  the  sub  wavs  beneath  the  sidewalks 
wherever  the  latter  are  sufficiently  elevated  above  the  roadways  as  may 
be  determined  by  the  commissioner  of  public  works;  but  the  gradients 
of  the  sewers  shall  not  be  reduced  in  any  event.  The  work  in  this  sec- 
tion mentioned  shall  be  done  by  said  railway  companies  respectively, 
so  that  each  shall  do  the  portion  thereof  appertaining  to  that  part  of 
any  subway  or  its  approaches  which  such  railway  company  is  herein- 
before required  to  construct. 

T 6.  Bridge  construction— embankments — retaining  walls.] 

§ 6.  All  the  streets,  boulevards  and  avenues  in  which  subways  are 
hereinbefore,  by  the  provisions  of  section  2,  required  to  be  constructed, 
shall  be  crossed  on  suitable  bridge  superstructures,  fabricated  in  iron  or 
steel,  and  supported  on  abutments,  which  shall  form  the  parallel  walls 
of  the  subways,  and  between  which  there  shall  be  no  intermediate  sup- 
ports, except  as  otherwise  indicated  in  the  attached  schedule  of  sub- 


§ 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  809 

ways.  The  floor  systems  of  all  of  such  bridge  superstructures  shall 
likewise  be  fabricated  in  iron  or  steel,  and  shall  be  of  the  character 
technically  designated  and  known  as  “solid  construction;”  Provided, 
however,  that  said  railway  companies  may  use  an  open  floor  system, 
composed  of  transverse  floor  beams  and  track  stringers  of  iron  or  steel, 
in  which  event,  some  suitable  device  shall  be  provided  to  prevent  dirt 
and  storm  water  from  falling  on  the  sidewalks  and  roadways  beneath. 
The  facial  alignment  of  the  abutments  of  the  bridges  shall  be  uniform 
with  the  building  or  lot  lines  of  the  streets,  boulevards  or  avenues  in 
which  the  subways  are  located,  except  that  in  any  case  where  such 
street,  boulevard  or  avenue  is  of  less  width  at  one  end  of  the  subway 
therein  than  at  the  other,  then  the  facial  alignment  of  the  abutments 
may  be  uniform  with  the  building  or  lot  lines  of  the  street,  boulevard 
or  avenue  at  that  end  of  the  subway  where  they  are  nearest  to  each 
other.  If  in  any  case  it  shall  be  found  necessary  to  construct  any  re- 
taining or  side  walls  in  connection  with  any  approaches  to  subways, 
then  such  walls  may  be  constructed  within  the  limits  of  the  street, 
boulevard,  alley  or  way  upon  which  such  approach  is  situated,  and  the 
abutments  or  side  walls  of  the  subway  itself,  reached  by  such  approach, 
may  be  correspondingly  advanced  so  as  to  be  in  a continuous  straight 
line  with  the  approach  and  walls;  and  in  any  such  case,  the  other  de- 
tails and  dimensions  of  the  subway  given  in  the  attached  schedule  of 
subways  may  be  changed  as  far  as  necessary  to  agree  with  the  loca- 
tion of  retaining  or  side  walls  or  abutments  as  aforesaid.  All  of  the 
abutments  shall  be  constructed  of  heavy  stone  masonry. 

The  embankments  on  which  said  elevated  track  shall  be  carried 
between  the  intersecting  streets,  boulevards  or  avenues,  shall  be  com- 
posed of  sand,  gravel,  loam,  clay,  broken  stone,  or  whatever  else  may 
compose  the  surplus  material  excavated  from  the  subways  and  from 
the  foundation  pits  and  trenches  along  the  line  of  said  work,  and  their 
side  slopes  shall  be  defined  by  the  natural  angle  of  repose  of  the  ma^ 
terial  out  of  which  the  embankments  are  constructed;  or  such  embank- 
ments shall  be  carried  between  retaining  walls  of  stone  or  brick  ma- 
sonry; but  when  such  retaining  walls  are  not  used,  the  right  of  way  of 
said  railway  companies  shall  be  enclosed  with  fences,  or  otherwise,  in 
compliance  with  the  present  ordinance  of  the  city  relating  to  the  fenc- 
ing of  railway  tracks. 

1 7.  Location  of  abutments — vacation  of  streets.]  § 7. 

Nothing  in  this  ordinance  named  and  contained  shall  be  so  construed 
as  to  prevent  said  railway  companies,  or  either  of  them,  from  locating 
and  constructing  the  abutments  which  form  the  walls  of  the  subway  at 
a sufficient  distance  back  from  the  building  or  lot  line  of  the  streets, 
boulevards  or  avenues,  for  the  purpose  of  constructing  and  maintaining 
in  the  spaces  or  recesses  so  left  between  said  abutments,  and  said  build- 
ing lines,  station  buildings,  with  all  necessary  waiting  rooms  and  ticket 
offices  or  other  buildings  fronting  on  said  streets,  boulevards  or  ave- 
unjes,  uniform  with  the  said  building  lines  thereof,  and  entirely  within 


810 


RAILROADS. 


[§  385 


the  lines  limiting  and  bounding  the  right  of  way  of  said  railway  com- 
panies, or  either  of  them,  and  for  the  further  purpose  of  constructing 
and  maintaining,  within  said  lines,  stairways  and  approaches  leading  to 
and  from  said  station  buildings  to  the  elevated  platform  and  tracks 
above  the  same,  for  the  accommodation  and  convenience  of  the  pas- 
senger traffic  of  said  railway  companies,  or  for  any  other  purposes  in 
connection  with  the  efficient  maintenance  and  operation  of  the  lines. 

Any  and  all  portions  of  any  streets,  alleys  or  avenues  extending 
into  or  across  any  of  said  lines  of  railway  within  the  limits  hereinbefore 
provided  for  the  elevation  of  said  roadbeds,  or  any  of  them,  except 
the  streets  and  avenues  enumerated  above  in  section  2,  and  in  which 
subways  are  required  to  be  constructed,  shall  be  and  the  same  are 
hereby  discontinued  and  vacated  under  the  elevated  roadbeds  or  tracks 
in  this  ordinance  described,  and  within  the  limits  of  the  right  of  way  of 
any  of  said  railway  companies;  and  the  city  of  Chicago  shall,  at  any 
time,  take  any  proceedings  essential  to  perfect  or  effectuate  such  vaca- 
tion. 

1 8.  Authority  of  city  over  construction.]  § 8.  The  loca- 
tion of  the  various  sidewalks  in  the  subways  hereinbefore  authorized 
and  required,  the  various  appliances  for  the  drainage  of  said  subways 
and  the  devices  for  the  protection  of  the  water  pipes,  sewers  and  elec- 
trical systems  of  the  city,  except  as  in  this  ordinance  otherwise  defined, 
shall  be  determined  by  the  commissioner  of  public  works;  and  all  the 
work  upon  or  in  connection  with  any  of  the  matters  or  things,  in  this 
section  specified,  shall  be  done  and  performed  under  the  inspection  and 
approval  and  to  the  entire  satisfaction  of  the  commissioner  of  public 
works;  nothing,  however,  in  this  ordinance  contained  shall  be  con- 
strued as  imposing  any  liability  on  any  of  said  railway  companies  to 
the  city  of  Chicago  or  services  to  be  performed  by  any  officer  or  em- 
ploye of  said  city  in  inspecting  the  work  of  construction  required  by 
this  ordinance. 

If  9.  Temporary  obstruction  of  street— side  tracks.]  § 9. 

Permission  and  authority  are  hereby  given  to  said  railway  companies, 
jointly,  or  each  of  them  separately,  as  the  case  may  be,  whenever  the 
same  shall  be  necessary  in  carrying  on  the  work  of  elevating  their  rail- 
way tracks,  as  herein  authorized,  to  temporarily  obstruct  any  street, 
boulevard,  avenue  or  alley,  for  such  length  of  time  and  in  such  manner 
as  may  be  approved  by  the  commissioner  of  public  works.  And  the 
said  railway  companies  are  hereby  jointly  and  severally  authorized,  in 
the  prosecution  of  said  work,  to  erect  and  maintain  temporary  struct- 
ures in  any  of  said  streets,  boulevards,  avenues  or  alleys,  which  shall 
be  necessary  or  convenient  to  enable  them  to  prepare  for  and  to  erect 
the  permanent  elevated  structure  herein  required,  subject  to  like  ap- 
proval of  said  commissioner  of  public  works. 

Permission  and  authority  are  hereby  granted»to  any  of  said  rail- 
way companies,  required  to  elevate  their  roadbeds  and  tracks,  as  afore- 


§ 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  811 

said,  to  construct  branch,  spur  or  side  tracks  from  any  point  along 
the  line  to  be  elevated  pursuant  to  the  provisions  of  this  ordinance,  to 
reach  any  industrial  or  commercial  establishments  which  are  now  con- 
nected with  said  line  so  to  be  elevated,  by  existing  branch,  spur  or  side 
tracks,  on  anv  land  adjoining  or  adjacent  to  said  lines  so  to  be  elevated, 
and  to  cross  with  such  branch,  spur  or  side  track  any  street  or  portion 
of  a street  not  more  than  thirty-three  (33)  feet  wide,  or  any  alley  or 
other  public  way  of  width  not  greater  than  thirty-three  (33)  feet,  which 
may  intervene  between  said  main  line  and  said  establishment,  in  such 
manner  as  shall  be  approved  by  the  commissioner  of  public  works; 
provided,  that  in  all  such  cases  such  tracks  shall  leave  a clear  head 
room  for  the  public  way  of  not  less  than  ten  (10)  feet;  but  in  case  it 
shall  be  necessary  in  order  to  obtain  such  head  room,  to  depress  any 
such  street,  alley  or  public  way,  it  may  be  so  depressed  upon  condition 
that  said  railway  company  constructing  such  bfanch,  spur  or  side  track 
shall  do  all  the  excavating  necessary  to  make  such  depression  with  ap- 
proaches thereto  at  proper  gradients,  and  shall  restore  such  street,  alley 
or  public  way  as  near  as  may  be  to  its  former  condition;  Provided, 
however,  nothing  in  this  ordinance  contained  shall  be  considered  as  in 
any  way  extending  the  time  during  which  the  various  private  switch 
track  ordinances  mav  be  operated  and  maintained,  which  are  now  con- 
structed leading  to  industrial  or  commercial  establishments  on  said 
lines  of  railroad. 

1 10.  Elevation,  construction,  commencement,  etc.]  § 10. 

The  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Company 
and  the  Chicago  and  Northwestern  Railway  Company  are  hereby  sev- 
erally required  to  commence  the  work  of  elevating  the  planes  of  their 
respective  railway  tracks  required  by  this  ordinance  to  be  elevated 
within  ninety  (90)  days  after  the  filing  of  their  two  (2)  agreements  men- 
tioned in  section  15  of  this  ordinance,  except  that  in  case  such  ninety 
(90)  days  expire  between  November  1st  and  April  1st,  the  work  need 
not  then  be  begun  until  the  April  following;  Provided,  that  neither  of 
said  companies  in  this  paragraph  named  shall  be  required  to  com- 
mence any  of  the  work  in  this  ordinance  imposed  upon  it  until  the 
structures  and  tracks  of  the  Lake  Street  Elevated  Railroad  Company, 
where  they  cross  the  right  of  way  and  tracks  of  said  two  companies 
shall  have  been  raised  by  and  at  the  expense  of  said  Lake  .Street  Ele- 
vated Railroad  Company  to  a height  of  not  less  than  twenty  (20)  feet 
above  the  level  of  the  tops  of  the  rails  of  said  Pittsburg,  Cincinnati, 
Chicago  and  St.  Louis  Railway  Company  and  said  Chicago  and  North- 
western Railway  Company,  as  elevated  under  this  ordinance;  and  pro- 
vided. further,  that  neither  of  said  two  last  named  companies  shali  be 
required  to  prosecute  or  continue  any  of  the  work  imposed  upon  it  by 
this  ordinance  south  of  Madison  street  until  the  structures  and  tracks 
of  the  Metropolitan  West  Side  Elevated  Railroad  Company,  where 
they  cross  the  right  of  way  and  roadbeds  of  the  former  two  companies, 
shall  have  been  raised  by  and  at  the  expense  of  said  Metropolitan  West 


812 


RAILROADS. 


[§  385 


Side  Elevated  Railroad  Company  to  a 'height  of  not  less  than  twenty 
(20)  feet  above  the  tops  of  the  rails  of  said  Pittsburg,  Cincinnati,  Chi- 
cago and  St.  Louis  Railway  Company,  and  the  Chicago  and  North- 
western Railway  Company,  as  elevated  under  this  ordinance. 

When  the  Pittsburg,  Cincinnati.  Chicago  and  St.  Louis  Railway 
Company  and  the  Chicago  and  Northwestern  Railway  Company,  or 
either  of  them,  shall  have  so  far  prosecuted  the  work  required  by  this 
ordinance  to  be  done  by  them  respectively  that  such  work  can  no 
longer  be  conveniently  prosecuted  further  without  the  performance  by 
the  Chicago  and  Northern  Pacific  Railroad  Company  of  the  work  im- 
posed upon  it  by  this  ordinance,  then  said  latter  company  shall  forth- 
with begin  such  work  required  of  it  and  shall  prosecute  the  same  con- 
tinuously to  completion. 

The  entire  work  required  of  each  company  shall  be  completed  by 
the  thirty-first  day  of  December,  A.  D.  1898,  except  that  the  time  dur- 
ing which  any  of  said  railway  companies  shall  be  prevented  from  work 
by  strike,  and  the  time  during  which  it  shall  be  restrained  by  injunc- 
tion or  other  order  or  process  of  a court  of  competent  jurisdiction,  of 
which  it  shall  have  given  notice  to  the  corporation  counsel  of  the  city 
of  Chicago,  and  the  time  after  the  expiration  of  ninety  (90)  days  from 
the  filing  of  the  agreements  mentioned  in  section  15  of  this  ordinance, 
during  which  the  structures  and  tracks  of  the  Lake  Street  Elevated 
Railroad  Company  or  of  the  Metropolitan  West  Side  Elevated  Rail- 
road Company  shall  not  have  been  raised,  as  hereinbefore  described, 
to  a height  of  not  less  than  twenty  (20)  feet  above  the  elevated  tracks 
hereby  required,  and  the  time  during  which  any  of  said  three  com- 
panies required  by  this  ordinance  to  elevate  their  respective  roadbeds 
and  tracks  may  be  delayed  in  such  work,  without  its  own  fault,  in  con- 
sequence of  the  failure  of  any  other  of  said  companies  to  do  the  work 
by  this  ordinance  required  of  it,  or  in  consequence  of  the  failure  of  any 
street  railway  company  or  corporation  to  grade  or  pave  any  part  of 
any  subway  or  approach  required  to  be  graded  or  paved  by  such  last 
named  street  railway  or  corporation,  shall  not  be  included  as  a part  of 
the  time  within  which  the  work  imposed  by  this  ordinance  is  required 
to  be  done;  and  the  time  for  the  completion  of  said  work  shall  be  ex- 
tended by  an  equal  period  of  time  between  the  first  day  of  April  and 
the  first  day  of  November  of  the  proper  year  or  years;  and  except, 
further,  that  the  time  within  which  the  Chicago  and  Northwestern  Rail- 
way Company  and  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis 
Railway  Company  may  complete  the  elevation  of  those  parts  of  their 
roadbeds  and  tracks  south  of  the  north  line  of  Twelfth  street,  in  case 
they  are  required  to  elevate  those  parts  of  their  roadbeds  and  tracks 
in  consequence  of  the  filing  of  an  acceptance  of  this  ordinance  on  the 
part  of  the  Chicago  and  Northern  Pacific  Railroad  Company,  or  in 
consequence  of  notice  from  the  latter  company  that  it  proposes  and 
agrees  to  proceed  with  the  work  of  elevating  its  roadbed  and  tracks  in 
compliance  with  this  ordinance  (being  such  acceptance  or  notice  as  are 


g 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  813 

in  section  15  hereafter  described),  shall  not  in  any  event  expire  sooner 
than  two  (2)  years  after  the  filing  of  such  acceptance  or  giving  of  such 
notice  by  the  Chicago  and  Northern  Pacific  Railroad  Company,  or 
sooner  than  the  Chicago  and  Northern  Pacific  Railroad  Company  may 
be  itself  required  to  complete  its  work  of  elevating  its  roadbed  and 
tracks 

The  city  of  Chicago  shall  have  the  right  to  intervene  in  any  suit  or 
proceedings  brought  by  any  person  or  persons  seeking  to  enjoin,  re- 
strain or  in  any  manner  interfere  with  the  prosecution  of  said  work, 
and  the  right  to  move  for  a dissolution  of  such  injunction  or  restrain- 
ing order,  and  for  any  other  proper  order  in  such  suit. 

1 11.  Notice  before  commencing  work.]  §11.  Said  rail- 
way companies,  jointly  or  severally,  as  the  case  may  be,  shall  at  least 
ten  (10)  days  prior  to  the  commencement  of  any  part  or  parts  of  said 
work,  which  is  to  be  within  the  limits  of  or  abutting  upon  any  street  of 
said  city,  submit  to  the  commissioner  of  public  works,  for  his  approval, 
complete  plans  and  specifications  of  such  part  of  said  proposed  work, 
for  the  purpose  of  ascertaining  whether  the  same  are  in  strict  accord- 
ance with  the  provisions  of  this  ordinance;  and  after  the  approval  of 
such  plans  and  specifications  by  the  commissioner  of  public  works,  the 
said  work  shall  be  constructed  in  accordance  therewith  and  to  the  sat- 
isfaction of  said  commissioner  of  public  works,  and  not  otherwise,  ex- 
cept as  herein  otherwise  provided. 

T 12.  Trespassing — penalty.]  § 12.  When  and  in  case  said 
railways,  or  either  of  them,  shall  be  elevated  in  accordance  with  the 
provisions  of  this  ordinance,  and  when  and  in  case  sections  of  s*id 
elevated  railways,  or  either  of  them,  shall  be  completed,  it  shall  be  un- 
lawful for  any  person  or  persons,  save  employes  of  the  company  own- 
ing or  operating  such  elevated  railway  in  the  discharge  of  their  duties 
to  such  company,  or  enter  upon,  or  walk  along  or  across  said  elevated 
structure  or  roadway  at  any  point,  and  any  person  violating  this  ordi- 
nance shall  be  liable  to  a fine  of  not  more  than  one  hundred  dollars 
($100.00)  and  not  less  than  ten  dollars  ($10.00)  for  each  and1  every  such 
offense. 

1 13.  Speed,  gates,  flagmen,  etc.]  § 13.  When  said  rail- 
ways, or  any  of  them,  shall  be  elevated  in  accordance  with  the  provis- 
ions of  this  ordinance,  or  when  any  section  thereof  shall  be  so1  elevated 
and  ready  for  use,  then  and  thereupon  all  provisions  of  the  ordinances 
of  the  city  of  Chicago  relating  to  speed  of  railway  trains  in  said  city, 
the  giving  of  signals  upon  such  trains  and  the  maintenance  of  gates, 
flagmen,  watchmen,  signals  and  signal  towers,  shall  cease  to  be  ap- 
plicable to  such  railway  companies,  and  to  each  of  them,  so  far  as  the 
lines  of  said  railways,  or  any  of  them,  shall  be  elevated  as  herein  re- 
quired. 

1 14.  Suits,  actions  and  proceedings.]  § 14.  The  corpora- 
tion counsel  of  the  city  of  Chicago  is  hereby  authorized  and  directed  to 


814 


RAILROADS. 


[§  485 

institute  *md  diligently  prosecute  all  suits,  actions  and  proceedings  nec- 
essary or  proper  to  secure  full  compliance  with  the  provisions  of  this 
ordinance  in  all  respects. 

1 15.  When  in  force— agreement— C.  & N.  P.  R.  R.  Co.] 

§15.  This  ordinance  shall  fake  effect  from  and  after  its  passage,  ap- 
proval and  publication ; Provided,  however,  that  this  ordinance  shall  be 
null  and  void  unless  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis 
Railway  Company  and  the  Chicago  and  Northwestern  Railway  Com- 
pany shall  each,  through  its  authorized  officers,  file  with  the  mayor  of 
the  city  of  Chicago,  within  sixty  (60)  days  from  the  passage  of  this  or- 
dinance, an  agreement  duly  executed,  whereby  such  railway  company 
shall  undertake  to  do  and  perform  all  the  matters  and  things  required  of 
it  by  this  ordinance,  and  whereby  such  railway  company  shall  bind 
itself,  in  case  of  non-performance  of  the  matters  and  things  in  this  or- 
dinance required  of  it,  to  pay  to  the  city  of  Chicago  the  sum  of  fifty 
thousand  (50,000)  dollars,  as  and  for  liquidated  damages  arising  to  such 
city  from  such  non-performance.  Such  agreement  on  'the  part  of  the 
Chicago  and  Northwestern  Railway  Company  shall  also  bind  that  com- 
pany to  dismiss,  with  the  consent  of  the  city  and  without  costs  to  either 
party,  the  proceedings  now  pending  in  the  supreme  court  of  the  United 
States  under  a writ  of  error  from  that  court,  bringing  up  for  review  the 
validity  of  the  judgment  for  the  opening  of  Taylor  street.  Such  agree- 
ment of  each  of  said  railway  companies  shall  be  made,  in  case  both  of 
said  two  companies  file  in  proper  time  the  agreements  on  their  part 
herein  contemplated,  as  a return  for  any  liabilities  which  may  be  in- 
curred by  the  city  of  Chicago,  or  recoverable  against  it,  for  any  dam- 
ages to  adjacent  property  or  business  in  consequence  of  change  of 
grade  of  streets,  avenues,  alleys  or  the  railway,  or  of  the  vacation  of 
any  street,  alley,  avenue  or  other  public  way,  or  of  the  performance 
bv  such  railway  company  of  the  matters  and  things  in  this  ordinance 
required  of  it;  and  such  agreement  shall  be  held  to  relieve  and  pro- 
tect the  company  filing  it  from  all  liability  to  said  city,  or  others,  for 
such  damages  to  adjacent  property  or  business  in  consequence  of 
change  of  grade  of  streets,  avenues,  alleys  or  the  railway,  or  of  the 
vacation  of  any  street,  alley,  avenue  or  other  public  way,  or  of  the  per- 
formance by  such  railway  company  of  the  matters  and  things  in  this 
ordinance  required  of  it ; save  that  for  any  damages  occasioned  by  the 
negligent  manner  of  doing  its  work  by  said  company,  it  shall  be  liable. 
After  the  filing  of  such  agreements,  as  aforesaid,  this  ordinance  shall 
not  be  materially  modified  or  amended  so  as  to  affect  either  of  said  rail- 
way companies,  without  its  consent;  but  nothing  in  this  ordinance  con- 
tained shall  be  deemed  a waiver  or  surrender  of  the  police  power  of  the 
city  or  to  deprive  the  city  of  the  right  to  properly  exercise  such  power. 

In  case  the  Chicago  and  Northern  Pacific  Railroad  Company 
files  with  the  mayor  of  the  city  of  Chicago,  not  later  than  thirty  (30) 
days  before  the  time  specified  in  section  10  of  this  ordinance,  when 


§ 3S5]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  815 

it  must  begin  the  work  required  of  it,  an  agreement  duly  executed, 
whereby  such  railway  company  shall  undertake  to  do  and  perform  all 
the  matters  and  things  required  of  it  by  this  ordinance,  and  whereby 
such  railway  company  shall  bind  itself,  in  case  of  non-performance  of 
the  matters  and  things  in  this  ordinance  required  of  it,  to  pay  to  the 
city  of  Chicago  the  sum  of  fifty  thousand  (50,000)  dollars,  as  and  for 
liquidated  damages  arising  to  such  city  for  such  non-performance,  then 
such  agreement  shall  be  deemed  made  in  like  manner  as  the  agree- 
ments on  the  part  of  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis 
Railway  Company  and  the  Chicago  and  Northwestern  Railway  Com- 
pany, as  a return  for  the  same  liabilities  as  are  the  agreements  of  the 
two  last  named  companies,  and  shall  afford  to  the  Chicago  and  North- 
ern Pacific  Railroad  Company  the  same  protection,  privileges  and  im- 
munities as  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway 
Company,  and  the  Chicago  and  Northwestern  Railway  Company  are 
hereinbefore  allowed  upon  the  filing  of  their  respective  agreements; 
and  in  case  of  the  timely  filling,  as  aforesaid,  of  such  an  agreement  on 
the  part  of  the  Chicago  and  Northern  Pacific  Railroad  Company,  or 
in  case  said  Chicago  and  Northern  Pacific  Railroad  Company  shall  at 
any  time  within  three  (3)  years  notify  the  Pittsburg,  Cincinnati,  Chi- 
cago and  St.  Louis  Railway  Company  and  the  Chicago  and  North- 
western Railway  Company  in  writing,  that  it  proposes  and  agrees  with 
them  to  proceed  with  the  work  of  elevating  its  roadbed  and  tracks,  as 
required  by  this  ordinance,  then,  and  in  either  of  such  cases,  the  Pitts- 
burg, Cincinnati,  Chicago  and  St.  Louis  Railway  Company  and  the 
Chicago  and  Northwestern  Railway  Company  shall  be  required  to  ele- 
vate those  parts  of  their  respective  roadbeds  and  tracks  south  of  the 
north  line  of  Twelfth  street,  as  in  this  ordinance  indicated;  but,  other- 
wise, said  two  last  named  companies  need  not  elevate  those  parts  of 
their  roadbeds  and  tracks  south  of  the  north  line  of  Twelfth  street, 
but  may  bring  their  respective  roadbeds  and  tracks  down  to  their  pres- 
ent grade  at  the  north  line  of  Twelfth  street,  or  between  that  line  and 
the  south  line  of  West  Taylor  street,  by  such  grade  as  may  be  feasible 
and  convenient  in  descent  from  the  level  herein  provided  for  their  road- 
beds and  tracks  across  West  Taylor  street.  If  they  so  elect,  however, 
and  through  the  Chicago  and  Northern  Pacific  Railroad  Company  may 
not  file  the  agreement  on  its  part  hereinbefore  described,  or  give  writ- 
ten notice  of  its  purpose  and  agreement  to  proceed  with  the  work  of 
elevating  its  roadbed  and  tracks,  as  hereinbefore  described,  the  Pitts- 
burg, Cincinnati,  Chicago  and  St.  Louis  Railway  Company  and  the 
Chicago  and  Northwestern  Railway  Company  may  elevate  their  re- 
spective roadbeds  and  tracks  south  of  the  north  line  of  Twelfth  street 
in  the  manner  described  in  this  ordinance. 

1 16.  Repeal  of  ordinances  for  opening  streets.]  § 16.  All 
ordinances  heretofore  passed  for  opening  streets  across  any  portion  of 
the  right  of  wav  or  yards  of  any  of  said  railway  companies  whereon  the 
tracks  are  required  to  be  elevated,  as  in  this  ordinance  provided,  are 
hereby  repealed,  except  in  those  cases  where  the  street  ordered  opened 


816 


RAILROADS. 


has  already  in  fact  been  opened  traveled  and  has  become  a lawful  and 
existing  highway,  not  hereinbefore  vacated. 

f 17.  C.  & N.  P.  R.  R.  Company.]  § 17.  By  the  road- 
beds, tracks  or  property  of  the  Chicago  and  Northern  Pacific  Railroad 
Company,  whenever  mentioned  in  this  ordinance,  are  meant  the  road- 
bed, tracks  or  property  lately  or  now  owned  by  that  company,  whether 
or  not  heretofore  or  hereafter  conveyed  from  that  company ; and  when- 
ever the  Chicago  and  Northern  Pacific  Railroad  Company  is  men- 
tioned or  referred  to  in  this  ordinance,  it  is  intended  to  designate  and 
affect  the  persons,  corporation  or  corporations  that  may  now  or  at  any 
time  hereafter  own  the  roadbed  ,or  tracks  of  the  Chicago  and  North- 
ern Pacific  Railroad  Company  at  the  places  where  they  are  by  this  or- 
dinance required  to  be  elevated,  or  that  may  possess  the  right  to  elevate 
said  roadbed  and  tracks  in  compliance  with  this  ordinance. 

1 18.  Paving  at  expense  of  companies.]  § 18.  Wherever 
in  this  ordinance  any  of  said  railway  companies  is  required  to  pave  any 
subway  or  lay  any  sidewalk,  then  such  company  is  hereby  required  to 
keep  such  pavement  and  such  sidewalk  forever  in  good  repair  at  its 
own  expense  to  the  satisfaction  of  the  city  of  Chicago. 

1 19.  C.  & N.  P.  R.  R.  Co. — failure  to  comply— penalty.] 
§ 19.  In  case  of  the  failure  of  the  Chicago  and  Northern  Pacific  Rail- 
road Company  to  make  timely  filing  in  the  office  of  the  mayor  of  the 
city  of  Chicago  of  the  agreement  on  its  part  hereinbefore  mentioned, 
and  in  case  said  Chicago  and  Northern  Pacific  Railroad  Company  shall 
fail  in  any  respect  to  comply  with  this  ordinance,  such  failure  shall 
subject  said  company  and  make  it  liable  to  a penalty  of  two  hundred 
(200)  dollars,  to  be  recovered  in  any  court  of  competent  jurisdiction, 
and  each  day  of  the  continuance  of  such  failure  shall  constitute  a sep- 
arate offense;  but,  in  case  it  seasonably  files  in  the  office  of  the  mayor 
the  aforesaid  agreement  on  its  part,  the  penalties  in  this  section  pre- 
scribed shall  not  attach. 


SCHEDULE  OF  SUBWAYS. 


SUBWAY  IN  WEST  TWELFTH  STREET,  100  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  8.1  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  5.3  feet 
above  city  datum.  This  level  shall  extend  on  the  west  ten  feet  beyond  the 
west  portal  of  the  subway,  and  on  the  east  ten  feet  beyond  the  east  portai 
thereof.  From  this  level,  the  approaches  shall  extend  on  a grade  of  3.5  feet 
in  100  feet  to  intersection  with  the  present  surface  of  12th  street  and  con- 
necting streets  or  alleys. 

The  width  of  roadway  in  subway  shall  be  50  feet,  with  sidewalk  25  feet 
wide  on  each  side,  and  a line  of  posts  shall  be  placed  at  each  curb  line  and 
inside  thereof  in  the  subway  for  support  of  girders. 

The  sidewalks  may  be  4 feet  above  roadway  in  subway,  and  shall  extend 


§ 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  817 

from  this  level  to  present  surface  of  sidewalks  at  ends  of  roadway  ap- 
proaches. 

Minimum  clearance  above  roadway,  12.5  feet. 

Minimum  clearance  above  sidewalks,  not  less  than  7.5  feet. 


SUBWAY  IN  WEST  TAYLOR  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  5 feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  9.79  feet 
above  city  datum.  This  level  shall  extend  ten  feet  beyond  each  portal  of  the 
subway.  From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet 
in  100  feet  to  intersection  with  present  surface  of  Taylor  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12.5  feet. 

SUBWAY  IN  HARVARD  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.4  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  9.79  feet 
above  city  datum. 

This  level  shall  extend  ten  feet  beyond  the  west  portal  of  subway  on  the 
west,  and  to  the  east  curb  line  of  Rockwell  street  on  the  east. 

From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100 
feet  in  Harvard  street  and  4 feet  per  100  in  Rockwell  street  to  intersection 
with  present  surface  of  streets. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

Width  between  walls  of  approach  on  Rockwell  street,  22  feet. 

Width  roadway,  17  feet. 

Width  sidewalk,  5 feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  WEST  POLK  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.5  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  9.79  feet 
above  city  datum.  This  level  shall  extend  ten  feet  west  of  the  west  portal 
of  the  subway  on  the  west,  and  on  the  east  to  the  east  curb  line  of  Rockwell 
street.  From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet 
in  100  feet  to  intersection  with  present  surface  of  Polk  street,  and  4 per  cent, 
on  Rockwell  street. 

Width  between  walls  on  Polk  street,  66  feet. 

Width  of  roadway,  38  feet. 

Width  of  sidewalks,  14  feet. 

Clear  headroom,  12  feet. 

Width  between  walls  of  approach  on  Rockwell  street,  22  feet. 

Width  of  roadway,  17  feet. 

Width  of  sidewalk,  5 feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearances  above  roadway,  12  feet. 


SUBWAY  IN  LEXINGTON  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.7  below  the  present  surface  of 


818  RAILROADS.  [§  385 

tracks,  making  the  elevation  of  floor  of  subway  not  less  than  9.79  feet  above 
city  datum. 

This  level  shall  extend  ten  feet  beyond  the  west  portal  of  subway  on  the 
west,  and  to  the  east  curb  line  of  Rockwell  street  on  the  east. 

From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100 
feet  in  Lexington  street,  and  4 feet  per  100  in  Rockwell  street  to  intersection 
with  the  present  surface  of  streets. 

Width  of  streets  and  sidewalks  the  same  as  now  exists. 

Width  between  walls  of  approach  on  Rockwell  street,  22  feet. 

Width  roadway,  17  feet. 

Width  sidewalk,  5 feet. 

Width  between  walls  of  approach  in  alley,  9 feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  FLOURNOY  STREET — 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  4 feet  below  the  present  surface 
of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  9.93  feet 
above  city  datum.  This  level  shall  extend  on  the  west  ten  feet  beyond  the 
west  portal  of  the  subway,  and  on  the  east  to  the  east  curb  line  of  Rockwell 
street.  From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in 
100  feet  to  intersection  with  the  present  surface  of  Flournoy  street,  and  4 
per  cent,  on  Rockwell  street. 

The  width  of  street  and  sidewalk  shall  be  the  same  as  now  exists. 

Width  between  walls  of  approach  on  Rockwell  street,  22  feet. 

Width  roadway,  17  feet. 

Width  sidewalk,  5 feet. 

Width  between  w'ails  of  approach  in  alley,  9 feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  WEST  HARRISON  STREET— 66  FEET  WIDE. 

The  depression  of  the  street  shall  not  exceed  4.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  9.88 
feet  above  city  datum.  This  level  shall  extend  on  the  west  to  the  west  line 
of  alley  west  of  and  parallel  to  right  of  way,  and  on  the  east  to  the  east  curb 
line  of  Rockwell  street.  From  this  level  the  approaches  shall  extend  on  a 
grade  of  3.5  feet  in  100  feet  in  Harrison  and  4 feet  in  100  in  Rockwell  streets, 
to  intersection  with  the  present  surface  of  streets,  and  on  a grade  of  4 feet 
in  100  feet  in  alley  west  of  and  parallel  to  right  of  way. 

The  width  of  street  and  sidewalk  shall  be  the  same  as  now  exists. 

Width  between  walls  of  north  approach  on  Rockwell  street,  25  feet. 

Width  roadway,  20  feet. 

Width  sidewalk,  5 feet. 

Width  between  walls  of  south  approach  on  Rockwell  street,  22  feet. 

Width  roadway,  17  feet. 

Width  sidewalk,  5 feet. 

Width  between  walls  of  approaches,  Cicero  court,  40  feet. 

Width  roadway,  28  feet. 

Width  sidewaiks,  6 feet. 

Width  between  walls  of  approach  in  alley,  14  feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
the  roadway. 

Minimum  clearance  above  roadway,  12.5  feet. 


§ 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  819 

SUBWAY  IN  WEST  CONGRESS  STREET-66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.8  feet  below  the  present  sur- 
face of  tracks,  making  the  floor  of  subway  not  less  than  10.94  feet  above  city 
datum.  This  level  shall  extend  on  the  west  to  the  west  line  of  alley  west  ot 
and  parallel  to  the  right-of-way,  and  on  the  east  to  the  east  curb  line  of  Rock- 
well street.  From  this  level  the  approaches  shall  extend  on  a grade  of  3 5 
feet  in  100  feet  in  Congress  and  4 feet  in  100  on  Rockwell  streets  to  intersec- 
tion with  present  surfaces  for  streets,  and  on  a grade  of  4 feet  in  100  feet  in 
alley  west  of  and  parallel  to  the  right-of-way. 

The  width  of  street  and  sidewalks  shall  be  the  same  as  now  exists. 

Width  between  walls  of  approach  on  Rockwell  street,  30  feet. 

Width  roadway,  24  feet. 

Width  of  sidewalks,  6 feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WEST  VAN  BUREN  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.8  feet  below  the  present  sur* 
face  of  tracks,  making  the  elevation  of  floor  subway  not  less  than  10.98  feet 
above  city  datum.  This  level  shall  extend  on  the  west  to  the  west  line  of 
alley  west  of  and  parallel  to  the  right  of  way,  and  on  the  east  tolhe  east  curb 
line  of  Rockwell  street.  From  this  level  the  approaches  shall  extend  on  a 
grade  of  3.5  feet  in  100  feet  in  Yan  Buren'  and  4 feet  per  100  in  Rockwell 
streets,  to  intersection  with  the  present  surfaces  of  streets,  and  on  a grade  of 
4 feet  in  100  feet  in  alley  west  of  and  parallel  to  the  right  of  way. 

The  width  of  street  and  sidewalks  shall  be  the  same  as  now  exists. 

Width  between  walls  of  approach  on  Rockwell  street,  30  feet. 

Width  roadway,  24  feet. 

Width  sidewalk,  6 feet. 

Width  Cicero  court,  40  feet. 

Width  roadway,  28  feet. 

Width  sidewalk,  6 feet. 

Width  alley,  14  feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center  of 
roadway. 

Minimum  clearance  above  roadway,  12.5  feet. 

SUBWAY  IN  JACKSON  BOULEVARD— 66  FEET  WIDE. 

Shall  be  constructed  of  such  dimensions  and  according  to  such  plans  as 
may  be  agreed  upon  between  the  West  Chicago  park  commissioners  and  the 
said  C.  & N.  W.  Railway  Company  and  the  P.,  C.,  C.  & St.  L.  Railway  Com- 
pany. 

The  level  of  the  floor  of  the  subway,  as  agreed  upon  with  said  West  Chi- 
cago park  commissioners,  shall  be  continued  on  the  west  to  the  west  line  of 
the  alley  west  of  and  parallel  to  the  right  of  way  of  the  Chicago  & North- 
western Railway  Company,  and  on  the  east  to  the  east  curb  line  of  Rockwell 
street.  From  this  level  the  approaches  shall  extend  on  a grade  of  4 feet 
in  100  feet  in  Rockwell  street,  and  4 feet  in  100  feet  in  said  alley. 

The  width  of  street  and  sidewalks  shall  be  the  same  as  now  exist. 

Width  between  walls  of  approach  on  Rockwell  street,  30  feet. 

Width  roadway,  24  feet. 

Width  sidewalk,  6 feet. 

Width  between  walls  of  approach  in  alley,  13  feet. 

The  sidewalks  in  Rockwell  street  shall  be  depressed  to  same  level  as 
crown  of  street. 


820 


RAILROADS. 


[§  385 


SUBWAY  IN  WEST  ADAMS  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed.  3.4  feet  below  the  present  sur- 
faces of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  12.66 
feet  above  city  datum.  This  level  shall  extend  on  the  west  to  the  west  line 
of  alley  west  of  and  parallel  to  the  right  of  way,  and  on  the  east  to  the  east 
curb  ine  of  Rockwell  street.  From  this  level  the  approaches  shall  extend  on 
a grade  of  3.5  feet  in  100  fet  in  Adams  street,  and  4 feet  per  100  feet  in  Rock- 
well street,  to  intersection  with  the  present  surface  of  strets,  and  on  a grade 
of  4 feet  in  100  feet  in  alley  west  of  and  parallel  to  the  right  of  way. 

The  width  of  street  and  sidew'alks  shall  be  the  same  as  now  exists. 

Width  between  walls  of  approach  on  Rockwell  street,  30  feet. 

Width  roadway,  24  feet. 

Width  sidewalk,  6 feet. 

Width  between  walls  of  approach  in  alley,  16  feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  WILCOX  AYENUE^-66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.6  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  13.11 
feet  above  city  datum. 

This  level  shall  extend  on  the  west  to  the  west  line  of  alley,  west  of  and 
parallel  to  the  right  of  way,  and  on  the  east  to  the  east  curb  line  of  Rockwell 
street. 

From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100 
feet  in  Wilcox  avenue  and  Rockwell  street  to  intersection  with  present  sur- 
face of  streets,  and  on  a grade  of  4 feet  in  100  feet  in  alley  west  of  and  paral- 
lel to  right  of  way. 

The  width  of  street  and  sidewalks  shall  be  the  same  as  now  exists. 

Width  between  walls  of  each  approach  on  Rockwell  street,  30  feet. 

Width  of  roadway,  24  feet. 

Width  of  sidewalk,  6 feet. 

Width  of  alley,  west  approach,  16  feet. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway,  except  in  Rockwell  street,  where  they  shall  remain  at  the  same 
level  as  they  now  are,  with  suitable  approaches  to  main  subway. 

Minimum  clearance  above  roadway,  12  feet. 


SUBWAY  IN  WEST  MONROE  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.8  feet  below  the  present  sur- 
face of  track,  making  the  elevation  of  floor  of  subway  not  less  than  13.57 
feet  above  city  datum.  This  level  shall  extend  on  the  west  ten  feet  beyond 
the  portal  of  subway,  and  on  the  east  to  the  east  curb  line  of  Rockwell  street. 
From  this  level  the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet 
in  Monroe  and  Rockwell  streets  to  intersection  with  present  surfaces  of 
streets.  The  approach  in  Depot  street  shall  extend  from  intersection  with 
each  approach  of  Monroe  street  on  a grade  of  3.5  in  100  feet  to  intersection 
with  present  surface  of  Depot  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance,  12  feet  above  roadway. 


1 


§ 385]  PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAILWAY,  ETC.  821 

SUBWAY  IN  WEST  MADISON  STREET— 73  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.6  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  13.5  feet 
above  city  datum.  This  level  shall  extend  on  the  west  10  feet  beyond  the  west 
portal  of  subway,  and  on  the  east  to  the  easts  right-of-way  line  of  the  P.,  0., 
C.  & St.  L.  Railway.  From  this  level  the  approaches  shall  extend  on  a grade 
of  3.5  feet  in  100  feet  in  Madison  street  to  intersection  with  present  surface 
of  street.  The  approach  in  Depot  street  shall  extend  from  intersection  with 
east  approach  of  Madison  street  on  a grade  of  3.5  feet  in  100  feet  to  inter- 
section with  present  surface  of  Depot  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
a line  of  posts  will  be  placed  at  each  curb  and  inside  thereof,  in  subway,  to 
support  girders. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12.5  feet. 

SUBWAY  IN  WARREN  AVENUE— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  14.48 
feet  above  city  datum.  This  level  shall  extend  ten  feet  beyond  the  portal  of 
subway  at  each  end  thereof.  From  this  level  the  approaches  shall  extend 
on  a grade  of  3.5  feet  in  100  feet  in  Warren  avenue  to  intersection  with  pres- 
ent surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WASHINGTON  BOUDEVARD— 66  FEET  WIDE. 

This  subway  shall  be  constructed  of  such  dimensions  and  according  to 
such  plan  as  may  be  agreed  upon  between  the  West  Chicago  Park  Commis- 
sioners, the  said  Chicago  and  Northwestern  Railway  Company  and  the 
P.,  C.,  C.  & St.  L.  Railway  Company. 

SUBWAY  IN  PARK  AVENUE— 60  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  4.3  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  14.9  feet 
above  city  datum. 

This  level  shall  extend  ten  feet  beyond  the  portal  of  subway  at  each  end 
thereof. 

From  this  level  the  approaches  shall  extend  on  a grade  of  S.5  feet  in  100 
feet  in  Park  avenue  to  intersection  with  present  surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WEST  LAKE  STREET— 80  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  5.1  feet  below  the  present  sur- 
face of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  14.4  feet 
above  city  datum.  This  level  shall  extend  10  feet  beyond  portal  of  subway 
at  each  end  thereof.  From  this  level  the  approaches  shall  extend  on  a grade 
of  3.5  feet  in  100  feet  in  Lake  street  to  intersection  of  present  surface  of 


822 


RAILROADS. 


[§  386 


street.  The  approach  in  Fall  street  shall  extend  from  intersection  with  pres- 
ent surface  of  street  on  a grade  of  3.5  feet  in  100  feet  to  intersection  with 
west  approach  of  Lake  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
a line  of  posts  will  be  placed  at  each  curb  line  and  inside  thereof  in  subway 
to  support  girders. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway  in  Lake  street,  but  the  sidewalks  in  Fall  street  shall  remain  at 
the  same  level  as  they  now  exist. 

Minimum  clearance  above  roadway,  12.5  feet. 

SUBWAY  IN  FULTON  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  6.7  feet  below  the  present  grade 
of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than  12.85  feet 
above  city  datum.  This  level  shall  extend  ten  feet  beyond  portal  of  subway 
at  each  end  thereof.  From  this  level  the  approaches  shall  extend  on  a grade 
of  3.5  feet  in  100  feet  in  Fulton  street  to  intersection  with  present  surface  of 
street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists,  and 
a line  of  posts  will  be  placed  at  each  curb  line  and  inside  thereof  in  subway 
to  support  girders. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

Minimum  clearance  above  roadway,  12  feet. 

SUBWAY  IN  WASHTENAW  AVENUE— 66  FEET  WIDE. 

To  be  constructed  by  the  receiver  of  the  Chicago  and  Northern  Pacific 
Railroad. 

The  depression  of  street  shall  not  exceed  4.9  feet,  making  the  elevation 
of  floor  of  subway  not  less  than  9.1  feet  above  city  datum.  This  level  shall 
extend  10  feet  beyond  the  portal  of  subway  at  end  thereof.  From  this  level 
the  approaches  shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Washtenaw 
avenue  to  intersection  writh  present  surface  of  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the  center 
of  roadway. 

It  is  intended  to  permit  said  receiver  of  said  railroad  to  construct  tem- 
porary pile  abutments,  to  support  the  girder  spans  over  street  so  that  in  the 
future  sufficient  space  be  allowed  to  construct  the  required  stone  abutments 
to  conform  to  the  lines  of  the  above  named  street. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists. 

Minimum  clearance  above  roadway,  12  feet. 


PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COM- 
PANY. 

§ 386.  Pittsburg,  Fort  Wayne  & Chicago  Railway  company. 

IT  1.  Fifty-fifth  street  to  Sixty-third  street — elevation  required. 

IT  2.  Embankments — retaining  walls. 

IT  3-  Streets  to  be  crossed — bridges,  spans  and  substructures — vaca- 
tion of  streets  and  alleys. 


§ 386]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  823 


IT  4.  Side  tracks — head-room  under. 

*jt  5.  Subways — change  of  grade  of  streets. 

TT  6.  Construction  of  subways — street  railways  to  conform  to  grade, 
pave,  etc. 

TT  7-  Subway  drainage. 

8.  Ch  mge  of  underground  work — sewer  gradients. 

9.  Location  of  abutments. 

10.  City  to  determine  location  of  sidewalks,  etc. 

•if  n.  Temporary  obstruction  of  street  or  alley. 

^f  12.  Notice  to  city,  with  plans,  etc.,  before  commencing  work, 
if  13.  Completion  of  work. 

if  14.  Work  done  as,  by  and  for  the  city  and  under  its  superin- 
tendence. 

15.  Trespassing — penalty. 

if  16.  Speed,  signals,  etc.,  upon  completion  of  elevation. 

if  17.  Schedule  of  subways. 

if  18.  Conveyance  to  city  of  strip  of  land. 

if  19.  Dedication  by  company  of  thirty-three-foot  street — condem- 
nation. 

IT  20.  Deflection  of  Englewood  avenue — dedication,  etc. 

*jf  21.  When  in  force — acceptance — agreement. 

An  ordinance  relating  to  the  elevation  of  the  tracks  of  the  Pittsburg,  Fort  Wayne 

& Chicago  Railway  company  and  its  lessee,  the  Pennsylvania  company. 

(Passed  July  27,  1896.  Accepted  September  9,  1896.) 

T 1.  55th  street  to  63d  street— elevation  required.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § I.  That  the 
Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company  and  its  les- 
see, the  Pennsylvania  Company,  be  and  the  same  are  hereby  ordered 
and  required  to  elevate  the  plane  of  their  roadbed  and  four  main  tracks 
within  the  limits,  and  in  the  form  and  manner,  and  upon  the  terms  and 
conditions  hereinafter  specified,  that  is  to  say: 

Paragraph  I.  Beginning  at  a point  about  sixty  (60)  feet  north  of 
the  north  line  of  53rd  street,  from  which  point  the  plane  of  the  tracks 
of  said  railway  company  shall  rise  on  a gradient  of  not  less  than  .7  per 
centum  southerly  from  said  initial  point  for  a distance  of  1382  feet  to 
a point  about  on  the  north  line  of  55th  street  boulevard,  where  an  ele- 
vation of  not  less  than  25.65  feet  above  Chicago  city  datum  shall  be 
attained.  Thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
southerly  direction  and  shall  continue  to  rise  on  a gradient  of  about 
.05  per  centum  for  a distance  of  about  2700  feet  from  said  last  men- 
tioned point  on  55th  street  to  a point  about  on  the  south  line  of  59th 
street,  where  an  elevation  of  not  less  than  27.00  feet  above  Chicago 
city  datum  shall  be  attained.  Thence  said  elevated  roadbed  and  tracks 
shall  continue  southerly  and  shall  continue  to  rise  on  a gradient  of 
about  .185  per  centum  for  a distance  of  about  1350  feet  to  a point  on 
the  south  line  of  61st  street,  where  an  elevation  of  not  less  than  29.50 
feet  above  Chicago  city  datum  shall  be  attained.  Thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a southerly  direction  and  shall 
continue  to  rise  on  a gradient  of  about  .09  of  one  per  centum  for  a dis- 
tance of  about  2160  feet  to  a point  about  on  the  south  line  of  63rd  street, 
where  an  elevation  of  not  less  than  31.45  feet  above  Chicago  city  datum 


824 


railroads. 


[§  386 


shall  be  attained;  and  at  this  last  mentioned  point  on  63rd  they  shall 
cross  the  proposed  elevated  roadbed  and  tracks  of  the  Chicago,  Rock 
Island  and  Pacific  Raodway,  as  provided  in  ordinance  dated  and  passed 
July  9th,  1894. 

Paragraph  2.  Thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a southerly  direction  and  shall  descend  on  a gradient  of  .252 
of  one  per  centum  for  a distance  of  about  1060  feet  to  a point  about  on 
the  east  line  of  State  street,  where  an  elevation  of  not  less  than  28.77 
feet  above  Chicago  city  datum  shall  be  attained,  and  shall  conform  to 
the  elevation  provided  in  ordinance  passed  July  9th,  1894. 

In  the  course  of  said  elevated  roadbed  and  tracks  in  paragraphs 
one  and  two  above  described  they  shall  have  elevations  above  city 
datum  of  not  less  than  25.65  feet  at  55th  street,  26.67  feet  at  57th  street, 
26.75  feet  at  58th  street,  27.00  feet  at  59th  street,  28.20  feet  at  60th 
street,  28.75  feet  at  Maple  avenue,  29.50  feet  at  6tst  street,  29.75  feet 
at  Chestnut  street,  30.00  feet  at  Princeton  boulevard,  30.35  feet  at  62nd 
street,  30.85  feet  at  Wentworth  avenue,  31.45  feet  at  63rd  street,  28.77 
feet  at  State  street. 

Paragraph  3.  From  he  east  line  of  State  street,  said  elevated  road- 
bed and  tracks  shall  continue  in  a southerly  direction,  and  shall  de- 
scend on  a gradient  of  about  .5  of  one  per  centum  for  a distance  of 
3450  feet,  to  a point  about  on  the  west  line  of  South  Park  avenue,  and 
attaining  within  the  limits  of  said  descending  grade  elevation  above 
said  existing  roadbed  of  not  less  than  3.9  feet  at  Prairie  avenue,  2.1  feet 
at  67th  street,  and  conforming  to  the  grade  of  the  plane  of  the  existing 
roadbed  at  west  line  of  South  Park  avenue. 

T 2.  Embankments — retaining  walls.]  § 2.  The  embank- 
ment or  embankments  on  which  said  elevated  roadbed  shall  be  con- 
structed within  the  aforesaid  limits  shall  be  composed  of  sand,  clay, 
gravel,  loam,  or  broken  stone,  the  surplus  material  excavated  from  the 
subways  and  approaches  and  from  the  foundation  pits  and  trenches 
along  the  line  of  said  work  may  also  be  used;  the  side  slopes  and  lateral 
dimensions  of  said  embankments  will  be  fixed  and  determined  by  the 
natural  angle  of  repose  of  the  materials  of  which  said  embankments 
may  be  constructed,  but  whenever  and  wherever  it  may  become  nec- 
essary, for  the  purpose  of  keeping  said  embankments  entirely  within 
the  lines  of  the  right  of  way  of  said  company,  such  portions  of  said 
embankments,  at  all  such  points,  shall  be  kept  within  said  right  of  way 
lines  by,  or  they  shall  be  confined  between,  retaining  walls  of  stone  or 
brick  masonry;  Provided,  however  that  whenever  said  retaining  walls 
are  of  insufficient  height  to  properly  protect  said  right  of  way,  and  to 
prevent  trespassing  thereon,  then  said  retaining  walls  as  aforesaid  shall 
be  surmounted  with  a suitable  iron  or  steel  picket  fence  or  railing;  but 
whenever  said1  retaining  walls  are  not  used  at  all,  the  right  of  way  of 
said  company  shall  be  fenced  in,  or  otherwise  properly  enclosed,  in 
compliance  with  the  present  ordinances  of  the  city  of  Chicago  relating 
to  the  fencing  of  railroad  tracks. 


§ 386]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  825 

If  3.  Streets  to  be  crossed — bridges,  spans  and  substructures 
— vacation  of  streets  and  alleys.]  § 3.  The  tracks  of  said  railway 
company  which  will  be  supported  and  carried  on  said  embankment  or 
embankments,  so  to  be  constructed  as  aforesaid,  shall  cross  the  follow- 
ing streets  and  avenues,  namely:  55th  street  boulevard,  57th  street,  58th 
street,  59th  street,  60th  street,  Maple  avenue,  Chestnut  street,  Prince- 
ton boulevard,  62nd  street,  Wentworth  avenue,  La  Salle  street,  63rd 
street,  State  street,  on  bridges  of  one,  two  or  three  spans,  whose  super- 
structure shall  consist  of  iron  or  steel  main  girders,  with  iron  or  steel 
corrugated  floor  systems,  or  with  ordinary,  floor  beams  and  track 
stringers.  In  the  event  of  the  latter  system  being  used,  then  some 
suitable  device  shall  be  provided  to  prevent  dirt  and  storm  water  from 
falling  on  the  sidewalks  and  roadways  beneath.  The  substructures  of 
all  of  said  bridges  shall  consist  of  abutments  of  stone  or  brick  masonry 
or  columns,  with  or  without  intermediate  supporting  systems,  braced 
together  laterally,  and  erected  on  and  anchored  to  masonry  founda- 
tions, constructed  in  the  curb  line  of  the  intersecting  streets  and  ave- 
nues, within  the  subways,  and  parallel  with  and  equidistant  from  the 
faces  of  the  abutments,  as  aforesaid.  All  of  said  abutments  shall  be 
located  and  constructed  entirely  within  the  right  of  way  lines  of  said 
company,  and  whenever  said  abutments,  or  any  of  them,  shall  be  lo- 
cated on  the  lot  lines  of  any  of  said  streets  and  avenues,  the  facial  align- 
ment of  said  abutments  shall  be  uniform:  with  said  lot  lines,  as  aforesaid. 
If,  in  any  case,  it  shall  be  found  necessary  to  construct  any  retaining 
or  side  walls  in  connection  with  any  approaches  to  the  subways,  then 
such  walls  may  be  constructed  within  the  limits  of  the  street,  alley  or 
wav  upon  which  such  approach  is  situated,  and  the  abutments  or  side 
walls  of  the  subway  itself,  reached  by  such  approach,  may  be  corres- 
pondingly advanced  into  the  street,  so  as  to  be  in  a continuous  straight 
line  with  the  approach  wall;  and  in  any  such  case  the  other  details  and 
dimensions  of  the  subways  given  in  the  attached  schedule  of  subways 
rnav  be  changed  as  far  as  necessary  to  accord  with  the  location  of  re- 
taining or  side  walls  or  abutments,  as  aforesaid.  Any  and  all  portions 
of  any  streets,  alleys  or  avenues  extending  into  or  across  either  of  said 
lines  of  railway,  within  the  limits  hereinabove  provided  .for  the  eleva- 
tion of  said  roadbeds,  or  either  of  them,  except  the  streets  and  avenues 
in  this  section  above  enumerated,  shall  be  and  the  same  are  hereby 
discontinued  and  vacated  within  the  limits  of  said  company’s  right  of 
wav,  and  the  city  of  Chicago  shall  at  any  time  take  any  proceedings 
essential  to  perfect  or  effectuate  such  vacation. 

1 4.  Side  tracks— head-room  under.]  § 4.  Permission  and 
authority  are  hereby  granted  to  the  Pittsburg,  Fort  Wayne  and  Chi- 
cago Railway  Company  and  its  said  lessee  to  construct  branch,  spur  or 
side  tracks  from  any  point  along  the  line  to  be  elevated  pursuant  to 
the  provisions  of  this  ordinance,  to  reach  any  industrial  or  commercial 
establishments  now  or  hereafter  existing  on  any  land  adjoining  or  ad- 
jacent to  said  line,  so  to  be  elevated  and  to  cross  with  such  branch, 


826 


RAILROADS. 


[§  386 


spur  or  side  track  any  alley  or  other  public  way  not  more  than  thirty- 
three  (33)  feet  in  width  intervening  between  said  main  line  and  said  es- 
tablishment, in  such  manner  as  shall  be  approved  by  the  commissioner 
of  public  works,  provided  that  in  all  cases  such  tracks  shall  leave  a 
clear  headroom  for  the  public  way  of  not  less  than  twelve  (12)  feet;  but 
in  case  it  shall  be  necessary,  in  the  judgment  of  the  commissioner  of 
public  works,  in  order  to  obtain  such  headroom  to  depress  any  such 
alley  or  public  way,  it  may  be  so  depressed  upon  condition  that  said 
railway  company  shall  do  all  the  excavating  necessary  to  make  such 
depression  with  approaches  thereto  at  proper  gradients,  and  shall  re- 
store such  alley  or  public  way  as  near  as  may  be  to  its  former  con- 
dition. 

1 5.  Subways— change  of  grade  of  streets.]  § 5.  At  the 

points  where  the  said  railway  company’s  right  of  way  is  intersected 
and  crossed  by  the  streets  and  avenues  above  named  in  section  3 of 
this  ordinance,  as  being  the  streets  and  avenues  which  the  tracks  of 
said  company  herein  required  to  be  elevated  shall  cross,  subways 
therein  shall  be  constructed,  passing  through  said  embankments  and 
beneath  said  tracks,  so  to  be  elevated  as  aforesaid,  as  follows,  namely: 
55th  street  boulevard,  57th  street,  58th  street,  59th  street,  Maple  ave- 
nue, 60  th  street,  61  st  street,  Chestnut  street,  Princeton  boulevard,  62nd 
street,  Wentworth  avenue,  63rd  street  and  State  street,  all  of  which 
subways  shall  conform  to  the  descriptions,  specifications,  dimensions 
and  other  particulars  contained  in  the  schedule  set  forth  and  embodied 
in  section  17  of  this  ordinance: 

The  grade  of  the  several  streets  and  avenues  upon  which  subways 
shall  be  constructed  as  aforesaid,  and  the  grade  of  the  several  streets 
and  avenues  in  which  approaches  to  any  of  said  subways  shall  be  con- 
structed under  the  terms  of  this  ordinance,  shall  be  and  the  same  is 
hereby  changed  so  as  to  be  as  in  a “Schedule  of  Subways,”  in  section 
17  of  this  ordinance  as  set  forth. 

T 6.  Construction  of  subways — street  railways  to  conform  to 
grade,  pave,  etc.]  § 6.  Paragraph  1.  The  subways  and  the  ap- 
proaches thereto,  so  to  be  constructed  by  said  companv  in  said  streets 
and  avenues  aforesaid,  shall  all  conform  to  the  following  structural  re- 
quirements, namely:  The  roadways  shall  be  paved  with  a single  course 
of  vitrified  brick  of  standard  quality,  laid  at  a right  angle  with  the  curb 
lines,  and  set  in  a solid  foundation  of  hydraulic  cement  concrete,  not 
less  than  six  inches  thick  or  deep  when  solidly  tamped  in  place,  and 
otherwise  finished  and  properly  crowned  readv  for  the  brick  wearing 
surface,  between  which  and  the  concrete  there  shall  be  interposed  a 
layer  of  screened  sand  not  less  than  half  an  inch  thick.  The  curbs  shall 
be  of  sound,  hard  limestone  of  standard  dimensions  and  finish,  and  the 
sidewalks  in  subways  shall  be  finished  and  paved  with  Portland  cement 
concrete,  of  standard  quality  and  workmanship,  and,  with  the  curbing 
and  roadway  paving,  shall  be  made,  finished  and  put  in  permanent 
place,  in  accordance  with  the  requirements  of  the  department  of  public 


§ 386]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  827 

works  of  the  city  of  Chicago.  The  approaches  to  subways  shall  be  ex- 
cavated to  the  grades  established  by  this  ordinance  and  shall  be  in  all 
other  respects  restored  as  near  as  may  be  to  their  condition  before  be- 
ing so  excavated. 

Paragraph  2.  As  to  all  streets  in  this  section  mentioned  which  are 
already  paved  or  provided  with  sidewalks,  such  paving  and  sidewalks 
shall  be  restored  with  the  present  material,  when  the  same  is  in  good 
condition,  by  said  railway  company  at  its  own  expense  in  such  por- 
tions of  said  streets  as  are  required  to  be  constructed  by  said  com- 
pany, except  that  said  railway  company  is  not  required  to  restore  any 
part  of  the  paving  of  approaches  or  subways  which  it  will  be  the  duty 
of  any  street  railway  company  or  other  corporation  itself  to  restore, 
under  existing  laws  or  ordinances. 

Paragraph  3.  Said  companv  shall  pave  the  entire  length  and 
width  of  the  roadway  in  such  portions  of  the  subways  as  are  required 
to  be  constructed  by  said  company,  except  that  said  company  shall 
not  be  required  to  pave  any  parts  of  the  subways  to  be  occupied  by  or 
adjacent  to  street  railway  tracks,  which,  by  reason  of  existing  laws  or 
ordinances,  it  will  be  the  duty  of  anv  street  railway  or  other  corpora- 
tion itself  to  pave.  And  wherever  in  this  ordinance  said  company  is 
required  to  pave  any  subway,  there  said  company  shall  at  its  own  ex- 
pense keep  such  pavement  in  good  repair  to  the  satisfaction  of  the 
department  of  public  works. 

Paragraph  4.  Any  street  railway  companv  occupying  any  of  the 
streets  in  the  city  of  Chicago  crossed  bv  said  elevated  railway  shall, 
when  and  as  the  grade  of  such  street  shall  be  changed,  as  in  this  ordi- 
nance provided,  at  its  own  expense,  without  claim  for  damages,  con- 
form the  grade  of  its  track  or  tracks  to  the  said  change  of  grade  on  such 
streets;  and  nothing  in  this  ordinance  shall  operate  or  be  held  to  re- 
lieve such  street  railway  company  from:  any  liability  now  existing,  how- 
ever created,  to  pave  or  bear  the  expense  of  paving  such  streets  between 
or  on  either  side  of  the  rails  of  its  said  track  or  tracks,  in  the  manner 
and  form  as  now  required. 

1 7.  Subway  drainage.]  § 7.  The  subways  provided  for  by 
this  ordinance  shall  be  thoroughly  and  properly  drained  by  the  con- 
struction of  receiving  basins,  properly  located  in  or  immediately  ad- 
jacent to  said  subways,  which  said  receiving  basins  shall  be  connected 
with  and  shall  discharge  their  contents  into  the  adjacent  sewerage  sys- 
tem. 

1 8.  Change  of  underground  work— sewer  gradients.]  § 8. 

Wherever,  during  the  construction  of  said  subways,  it  shall  become 
necessary  to  change  the  location  of  water  pipes,  brick  or  pipe  sewers, 
and  electrical  conduits  owned  by  the  city  of  Chicago,  all  such  may 
be  deflected  laterally  from  the  position  in  which  they  may  be  found, 
or  may  be  depressed  in  their  trenches  to  such  depth  as  may  be  neces- 
sary for  their  proper  protection,  or,  they  may  be  carried  through  the 


828 


RAILROADS. 


[§  386 


subways,  beneath  the  sidewalks,  wherever  the  latter  are  sufficiently 
elevated  above  the  roadways,  as  may  be  determined  by  the  commis- 
sioner of  public  works;  but  the  gradients  of  the  sewers  shall  not  be  re- 
duced in  any  event;  all  of  which  said  work  shall  be  done  by  the  said 
company  and  at  its  sole  expense,  and  under  the  immediate  supervision 
and  to  the  satisfaction  of  the  commissioner  of  public  works. 

1 9.  Location  of  abutments.]  § 9.  Nothing  in  this  ordi- 
nance contained  and  named  shall  be  so  construed  as  to  prevent  said 
company  from  locating  and  constructing  the  abutments  which  form 
the  parallel  walls  of  said  subways  at  any  distance  back  from  the  lot  lines 
of  said  streets  and  avenues,  so  as  to  enable  said  company  to  construct, 
maintain,  and  use  therein,  station  or  other  building,  fronting  on  said 
streets  and  avenues,  uniform  with  the  said  lot  lines  thereof,  and  entirely 
within  the  right  of  way  lines  of  said  company,  for  the  accommodation 
and  convenience  of  its  traffic,  or  for  any  other  purpose  in  connection 
with  the  efficient  maintenance  and  operation  of  said  company’s  rail- 
roads. 

T 10.  City  to  determine  location  of  sidewalks,  etc.]  § 10. 

The  location  of  the  sidewalks  in  the  subways,  whose  construction  is 
herein  authorized  and  required,  the  various  devices  for  the  drainage 
of  said  subways,  and  for  the  proper  handling  and  protection  of  water 
pipes,  sewers,  and  electrical  systems  of  the  city,  except  as  in  this  or- 
dinance otherwise  defined,  shall  all  be  determined  by  the  commissioner 
of  public  works;  and  all  the  work  upon  or  in  connection  with  any  of 
the  matters  or  things  in  this  section  specified,  shall  be  done  and  per- 
formed under  the  superintendence  and  subject  to  the  inspection  and 
approval,  and  to  the  entire  satisfaction  of  said  commissioner  of  public 
works  aforesaid,  and  all  of  the  work  of  construction  hereinbefore  in 
this  ordinance  provided  for  shall  be  done  at  the  expense  of  said  railway 
company;  not,  however,  including  damages  to  abutting  or  adjacent 
property  or  business,  caused  by  change  of  grade  of  streets,  avenues, 
alleys  or  the  railway,  or  by  the  vacation  of  any  street,  alley,  avenue,  or 
other  public  way,  or  by  the  performance  by  the  railway  company  of 
the  matters  and  things  in  this  ordinance  required  of  the  railway,  it  be- 
ing intended  and  understood  that  such  damages,  if  any,  are  hereby  as- 
sumed by  the  city  of  Chicago,  and  are  to  be  adjusted  and  paid  by  the 
city  of  Chicago. 

1 11.  Temporary  obstruction  of  street  or  alley.]  § 11. 

Permission  and  authority  are  hereby  given  said  railway  company  and 
its  lessee,  whenever  the  same  shall  become  necessary  in  the  prosecution 
of  the  work  of  raising  its  roadbed  and  tracks,  as  said  company  is  herein 
authorized  and  required  to  do,  to  temporarily  obstruct  any  alley,  street, 
or  avenue,  to  such  extent  and  for  such  length  of  time  as  may  be  ap- 
proved by  the  commissioner  of  public  works:  and  said  company  is 
hereby  authorized,  whenever  the  same  shall  become  necessary,  as  afore- 
said, to  erect  and  maintain  temporary  structures  and  false  works  in  any 


§ 386]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  829 

of  said  alleys,  streets  and  avenues,  during  the  construction  of  their  said 
elevated  structure  or  structures,  subject,  however,  to  the  approval  of 
the  commissioner  of  public  works,  as  aforesaid. 

If  12.  Notice  to  city,  with  plans,  etc.,  before  commencing 
work.]  § 12.  Said  railway  company,  or  its  lessee,  at  least  ten  (ioj 
days  prior  to  the  commencement  of  any  part  or  parts  of  its  said  work, 
which  is  designed  to  be  within  the  limits  of  or  abutting  on  any  street 
or  avenue,  submit  to  the  commissioner  of  public  works  for  his  approval, 
complete  plans  and  specifications  of  said  part  or  parts  of  said  proposed 
work  for  the  purpose  of  ascertaining  whether  the  same  are  in  strict  com- 
pliance with  the  provisions  of  this  ordinance;  and,  after  the  approval 
of  all  of  such  plans  and  specifications  by  the  commissioner  of  public 
works,  all  of  said  work  shall  be  constructed  in  strict  accordance  there- 
with, and  to  the  entire  satisfaction  of  said  commissioner  of  public  works, 
and  not  otherwise,  except  as  herein  otherwise  provided. 

*[f  13.  Completion  of  work.]  § 13.  Said  railway  company 
and  its  lessee  are  hereby  required  to  complete  the  work  of  elevating  its 
said  tracks,  as  hereinbefore  specified,  on  or  before  the  thirty-first  day 
of  December,  A.  D.  1898,  unless  prevented  by  strike  or  strikes  or  re- 
strained by  inj unction  or  other  order  or  process  of  a court  of  compet- 
ent jurisdiction.  The  time  during  which  said  railway  company  or  its 
lessee  shall  be  prevented  by  strike  or  strikes,  or  legal  proceedings,  as 
aforesaid,  shall  be  added  to  the  time  hereby  limited  for  the  completion 
of  said  work ; provided,  said  railway  company  give  notice  to  the  corpo- 
ration counsel  of  the  city  of  Chicago  of  the  institution  of  such  legal 
proceedings.  The  city  of  Chicago  shall  thereupon  have  the  right  to  in- 
tervene in  any  suit  or  proceeding  brought  by  any  person  or  persons 
seeking  to  enjoin,  restrain  or  in  any  manner  interfere  with  t'he  prose- 
cution of  said  work,  and  move  for  a dissolution  of  such  injunction  or 
restraining  order,  and  for  any  other  proper  order  in  such  suit. 

Nothing  in  this  ordinance  contained  is  intended  to  waive  any  right 
of  the  city  of  Chicago  to  compel  said  railway  company  and  its  lessee 
hereafter  to  elevate  the  plane  of  its  railway  tracks  north  of  the  point 
of  commencement  specified  in  the  first  section  of  this  ordinance. 

If  14.  Work  done  as,  by  and  for  the  city  and  under  its  super- 
intendence.] § 14.  All  of  said  work  shall  be  done  as  by  and  for 
the  city  of  Chicago,  under  the  superintendence  of  the  department  of 
public  works  of  said  city,  but  at  the  expense  of  said  railway  company 
and  its  lessee  as  hereinbefore  provided. 

T 15.  Trespassing— penalty.]  § 15.  When  and  in  case  said 

railway  shall  be  elevated  in  accordance  with  the  provisions  of  this  or- 
dinance, or.  when  and  in  case  sections  of  said  elevated  railway,  as 
herein  provided,  shall  be  completed,  it  shall  be  unlawful  for  any  per- 
son or  persons,  save  employes  of  either  of  said  companies  in  discharge 
of  duties  to  said  company,  to  enter  upon,  be,  or  walk  along  or  across 
said  elevated  structures  or  roadways  at  any  point;  any  person  violating 


830 


RAILROADS. 


[§  386 


this  section  of  this  ordinance  shall  be  liable  to  a fine  of  not  more  than 
one  hundred  dollars  ($100),  and  not  less  than  ten  dollars  ($10)  for  each 
and  every  such  offense. 

If  16.  Speed,  signals,  etc.,  upon  completion  of  elevation.] 

§ 16.  When  said  railway  tracks  shall  be  elevated  in  accordance  with 
the  provisions  of  this  ordinance,  or  when  any  section  thereof  shall  be 
so  elevated  and  ready  for  use,  then  and  thereupon  all  provisions  of 
the  ordinances  of  the  city  relating  to  speed  of  railway  trains  in  said 
city,  the  giving  of  signals  upon  such  trains,  and  the  maintenance  of 
gates,  flagmen,  watchmen,  signals  and  signal  towers,  shall  cease  to  be 
applicable  to  such  railway  company  and  its  lessee  so  far  as  the  lines 
of  said  railway  shall  have  been  elevated  as  herein  required. 

1 17.  Schedule  of  subways.]  § 17.  The  several  passage- 
ways, openings  and  subways  hereinbefore  referred  to  in  section  3 of 
this  ordinance,  and  which  shall  be  constructed  under  the  elevation  upon 
which  such  tracks  are  to  be  placed,  shall,  as  to  their  size,  dimensions, 
locations  and  other  details,  be  in  accordance  with  the  following 

SCHEDULE  OF  SUBWAYS. 


SUBWAY  IN  55TH  STREET  BOULEVARD— 200  FEET  WIDE. 

The  general  dimensions  and  arrangement  of  this  subway,  the  number  of 
spans,  the  width  and  number  of  the  sidewalks  and  roadways  and  the  mini- 
mum clearances  thereover,  will  all  be  fixed  and  determined  by  the  Board  of 
of  South  Park  Commissioners. 

SUBWAY  IN  57TH  STREET. 

The  depression  of  street  shall  not  exceed  3.0  feet  below  the  established 
grade  of  street,  making  the  elevation  of  floor  of  subway  not  less  than  12.00 
feet  above  city  datum. 

This  level  shall  extend  on  the  west  ten  feet  beyond  the  west  portal  of 
subway  and  on  the  east  ten  feet  beyond1  the  east  portal  of  subway  threof. 
From  this  level  the  approaches  shall  extend  on  a grade  of  2.5  feet  in  100  feet 
to  intersection  with  present  surface  of  57th  street.  The  north  and  south  ap- 
proaches in  proposed  street  shall  extend  from  intersection  with  west  ap- 
proach of  57th  street  on  a grade  of  3 feet  in  100  to  intersection  with  present 
surface  of  proposed  street. 

Width  between  walls,  60  feet. 

Width  roadway,  38  feet. 

Width  sidewalks,  14  feet. 

Width  proposed  street,  33  feet. 

Clear  head  room,  12  feet. 

The  sidewralks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 

PASSAGEWAY  IN  58TH  STREET. 

The  depression  of  street  shall  not  exceed  2.5  feet  below  established  grade 
of  street,  making  the  elevation  of  floor  of  passageway  not  less  than  14.80  feet 
above  city  datum. 


§ 386]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  831 

This  level  shall  extend  ten  feet  beyond  each  portal  of  passageway. 

From  the  approaches,  shall  extend  on  a grade  of  2.5  feet  in  100  feet  to 
intersection  with  present  surface  of  58th  street. 

The  north  and  south  approaches  in  proposed  street  shall  extend  from  in- 
tersection with  west  approach  of  58tli  street  on  a grade  of  2.5  feet  in  100  feet 
to  intersection  with  present  surface  of  proposed  street. 

Width  between  walls,  25  feet. 

Width  roadway,  17  feet. 

Width  sidewalk,  8 feet. 

Width  proposed  street,  33  feet. 

Clear  headroom,  11  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 


SUBWAY  IN  59TH  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.65  feet  below  established  grade 
of  street  making  elevation  of  floor  of  subway  not  less  than  12.85  feet  above 
city  datum.  This  level  shall  extend  on  the  west  ten  feet  beyond  the  west  por- 
tal of  subway,  and  on  the  east  ten  feet  beyond  the  east  portal  of  subway 
thereof. 

From  this  level  the  approaches  shall  extend  on  a grade  of  3 feet  in  100 
feet  to  the  intersection  of  present  surface  of  59th  street. 

The  north  and  south  approaches  in  proposed  street  shall  extend  from  in- 
tersection with  west  approach  of  59th  street  on  a grade  of  3 feet  in  100  feet 
to  intersection  with  present  surface  of  proposed  street. 

Width  between  walls,  66  feet. 

Width  roadway,  38  feet. 

Width  sidewalks,  14  feet. 

Width  proposed  street,  33  feet. 

Clear  head-room,  13Y2  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 


SUBWAY  IN  60TH  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  1.6  feet  below  established  city 
grade  of  street  making  elevation  of  floor  of  subway  not  less  than  15.20  feet 
above  city  datum.  This  level  shall  extend  on  the  west  ten  feet  beyond  the 
west  portal  of  subway  and  on  the  east  ten  feet  beyond  the  east  portal  of  sub- 
way thereof. 

From  this  level  the  approaches  shall  extend  on  a grade  of  2 feet  in  100 
feet  to  intersection  of  present  surface  of  60th  street.  The  north  and  south 
approaches  in  proposed  street  shall  extend  from  intersection  with  west  ap- 
proach of  60th  street  on  a grade  of  3 feet  in  100  feet  to  intersection  with  pres- 
ent surface  of  proposed  street. 

Width  between  walls,  66  feet. 

Width  roadway,  38  feet. 

Width  sidewalks,  14  feet. 

Width  proposed  street,  33  feet. 

Clear  head-room,  12  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 


832 


RAILROADS. 


[§  386 


SUBWAY  IN  MAPLE  STREET— 66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  3.0  feet  below  established  grade 
of  street,  making  elevation  of  floor  of  subway  not  less  than  15.55  feet  above 
city  datum. 

This  level  shall  extend  ten  feet  beyond  each  portal  of  subway. 

From  this  level  each  approach  shall  extend  on  a gradient  of  3.0  feet  in 
100  feet  to  intersection  with  present  surface  of  Maple  street. 

The  north  and  south  approaches  in  proposed  street  shall  extend  from  in- 
tersection with  wrest  approach  of  Maple  street  on  a grade  of  3.0  feet  in  loo 
feet  to  intersection  with  present  surface  of  proposed  street. 

Width  between  walls,  66  feet. 

Width  roadway,  38  feet. 

Width  sidewalks,  14  feet. 

Width  proposed  street,  33  feet. 

Clear  head-room,  12  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 

SUBWAY  IN  61ST  STREET-66  FEET  WIDE. 

The  depression  of  street  shall  not  extend  3.3  feet  below  established  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  14.7  feet 
above  city  datum. 

This  level  shal  extend  ten  feet  beyond  each  portal  of  subway.  From  this 
level  each  approach  shall  extend  on  a grade  of  3.0  feet  in  100  feet  to  inter- 
section with  present  surface  of  61st  street. 

The  north  and  south  lateral  approaches  in  Stewart  avenue  shall  extend 
from  intersection  with  east  approach  of  61st  street  on  a grade  of  2.5  feet  in 
100  feet  to  intersection  with  present  surface  of  Stewart  avenue. 

Width  between  walls,  66  feet. 

Width  roadway,  38  feet. 

Width  sidewalks,  14  feet. 

Width  Stewart  avenue,  66  feet  north  of  61st  street. 

Width  Stewart  avenue,  80  feet  south  of  61st  street. 

Clear  head-room,  13.5  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same,  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 

SUBWAY  IN  CHESTNUT  STREET-66  FElET  WIDE. 

The  depression  of  street  shall  not  exceed  3.25  feet  below  established  grade 
of  street,  making  the  elevation  of  floor  of  subway  not  less  than  16.55  feet 
above  city  datum. 

This  level  shall  extend  ten  feet  beyond  each  portal  of  subway.  From 
this  level  each  approach  shall  extend  on  a grade  of  3.0  feet  in  100  feet  to  the 
intersection  with  present  surface  of  Chestnut  street. 

Width  between  walls,  66  feet. 

Width  roadway,  38  feet. 

Width  sidewalks,  14  feet. 

Clear  head-room,  12  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway,  and  about  one 
foot  above  level  of  same  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 

SUBWAY  IN  PRINCETON  BOULEVARD— 66  FEET  WIDE. 

The  depression  shall  not  exceed  2.5  feet  below  established  grade  of  street, 


§ 386]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  833 

making  elevation  of  floor  of  subway  not  less  than  16.8  feet  above  city  datum. 
This  level  shall  extend  ten  feet  beyond  each  portal  of  subway.  From  this 
level  the  approaches  shall  extend  on  a gradient  of  2.5  feet  in  100  feet  to  in- 
tersection with  present  surface  of  Princeton  boulevard. 

Width  between  walls,  66  feet. 

Width  roadway,  38  feet. 

Width  sidewalks,  14  feet. 

Clear  head-room,  12  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same,  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 


PASSAGEWAY  IN  62ND  STREET. 

The  depression  of  street  shall  not  exceed  2.4  feet  making  the  elevation 
of  floor  of  subway  not  less  than  18.2  feet  above  city  datum. 

This  level  shall  extend  ten  feet  beyond  each  portal  of  subway.  From  this 
level  the  approaches  shall  extend  on  a grade  of  2.5  feet  in  100  feet  to  inter- 
section with  present  surface  of  62nd  street. 

Width  between  walls,  25  feet. 

Width  roadway,  17  feet. 

Width  sidewalk,  4 feet. 

Clear  headroom,  11  feet. 

The  sidewalk  shall  be  depressed  uniformly  with  the  roadway  and  about 
one  foot  above  level  of  the  same  where  practicable,  and  under  direction  of 
commissioner  of  public  works. 

SUBWAY  IN  WENTWORTH  AVENUE— 80  FT.  WIDE. 

The  depression  of  street  shall  not  exceed  3.85  feet  below  established  grade 
of  street,  making  elevation  of  floor  of  subway  not  less  than  12.45  feet  above 
city  datum. 

This  level  shall  extend  ten  feet  beyond  each  portal  of  subway.  From  this 
level  the  east  approach  shall  extend  on  a grade  of  3.5  feet  in  100  feet  to  in- 
tersection with  present  surface  of  Wentworth  avenue. 

The  approach  from  Englewood  avenue  into  the  south  approach  of  Went- 
worth avenue  shall  be  parallel  with  said  railroad  extending  across  lots  one 
and  two,  in  Nichol’s  subdivision,  as  specified  in  section  eighteen  of  this  ordi- 
nance, and  shall  extend  on  a grade  of  3.5  feet  in  100  feet  from  the  preset  sur- 
face of  Englewood  avenue  to  intersection  with  the  proposed  floor  of  subway 
in  south  approach  of  Wentworth  avenue. 

Width  between  walls,  80  feet. 

Width  roadway,  48  feet. 

Width  sidewalk,  16  feet. 

Width  Englewood  avenue,  50  feet. 

Width  roadway,  38  feet. 

Width  sidewalk,  12  feet. 

Clear  headroom,  13 V2  feet. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same,  where  practicable,  and  under  the  direction  of  tne 
commissioner  of  public  works. 

JOINT  SUBWAY  IN  63RD  STREET-66  FEET  WIDE. 

The  depression  of  street  shall  not  exceed  5.52  feet,  as  specified  in  ordi- 
nance of  July  9,  1894,  for  the  elevation  of  the  Lake  Shore  and  Michigan  South- 
ern Railway  Company  and  the  Chicago,  Rock  Island  and  Pacific  Railway 
Company.  In  this  ordinance,  as  above,  the  elevation  of  floor  of  subway  shall 
not  be  less  than  16.45  feet  above  city  datum. 


53 


834 


RAILROADS. 


[§  386 


This  level  shall  extend  ten  feet  beyond  west  portal  of  subway. 

From  this  level  the  west  approach  shall  extend  on  a gradient  of  2.8  feet 
in  100  feet  to  intersection  with  present  surface  of  63rd  street. 

The  north  lateral  approach  in  La  Salle  street  shall  consist  of  a foot  pas- 
sageway 10  or  12  feet  wide,  and  having  9 feet  clear  headroom  and  extending 
from  the  north  sidewalk  on  63rd  street  to  west  sidewalk  on  La  Salle  street. 

The  construction  of  the  west  approach  to  this  subway  will  be  the  joint 
work  of  the  C.,  R.  I.  & P.  Ry.  Co.  and  the  P.,  Ft.  W.  & C.  Ry.  Co.,  and  the 
construction  of  the  east  approach  will  be  the  exclusive  work  of  the  L.  S.  & 
M.  S.  Ry.  Co. 

The  depression  of  sidewalks  shall  be  uniform  throughout  between  head 
of  west  approach  and  the  intersection  with  State  street,  and  they  shall  be 
five  feet  above  the  roadway  at  the  curb  lines,  and  shall  have  a suitable  hand 
rail  on  outside  to  protect  foot  passengers  from  falling  into  roadway. 

Width  between  walls,  63rd  street,  66  feet. 

Width  of  roadway,  38  feet. 

Width  of  sidewalk,  14  feet. 

Clear  headroom,  13.5  feet,  63rd  street. 

If  found  necessary  to  support  girders  over  this  street,  lines  of  posts  must 
be  placed  in  said  subway  at  the  curb  lines  and  inside  thereof  to  support  said 
girders. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same,  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 

SUBWAY  IN  STATE  STREET-100  FEET  WIDE. 

The  depression  of  street  at  south  end  shall  not  exceed  6.979  feet,  making 
elevation  of  floor  of  subway  not  less  than  13.771  feet  above  city  datum  at 
south  portal  as  provided  in  ordinance  of  July  9,  1894. 

This  level  shall  extend  ten  feet  beyond  portal  of  subway. 

From  this  level  the  south  approach  shall  extend  on  a gradient  of  2.8  feet 
in  100  feet  to  intersection  with  present  surface  of  State  street. 

Clear  headroom,  13.5  feet. 

For  other  specifications  see  ordinance  provided  for  Lake  Shore  and  Mich- 
igan Southern  Railway  Company,  and  Chicago,  Rock  Island  & Pacific  Rail- 
way Company,  passed  July  9,  1894,  and  same  forming  part  of  these  specifi- 
cations. 

The  sidewalks  shall  be  depressed  uniform  with  roadway  and  about  one 
foot  above  level  of  same,  where  practicable,  and  under  the  direction  of  the 
commissioner  of  public  works. 


T 18.  Conveyance  to  city  of  strip  of  land.]  § 18.  Said 

railway  'company  and  its  lessee  shall,  as  hereinbefore  provided,  over 
the  intersection  of  Englewood  avenue  with  Wentworth  avenue,  procure 
and  convey  to  the  city  of  Chicago,  for  street  purposes,  so  much  of  lots 
one  (1)  and  two  (2)  in  block  two  (2)  in  Nicholes’  subdivision  of  the 
east  one  half  (E.  V2)  of  lots  fifteen  (15)  and  sixteen  (16)  in  school 
trustees’  subdivision  of  section  sixteen  (16),  township  thirtv-eight  (38) 
north,  range  fourteen  (14)  east  of  the  third  principal  meridian,  situate 
in  the  city  of  Chicago,  in  the  county  of  Cook  and  state  of  Illinois,  as 
mav  be  necessary  to  provide  for  a deflection  of  Englewood  avenue 
southwardly  at  its  junction  with  Wentworth  avenue,  and  leave  a free 
public  street. 

And  said  railway  company  and  its  lessee  are  hereby  authorized  to 


§ 386]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  835 

sustain  their  superstructure  and  abutments  upon  the  northerly  portion 
of  the  present  street  east  of  the  northerly  line  of  said  street  as  deflected, 
anything  in  this  ordinance  to  the  contrary  notwithstanding.  Said 
companies  shall  deflect  said  street  as  and  for  the  city  of  Chicago,  but 
wholly  a:t  their  own  expense  and  cost. 

% 19.  Dedication  by  company  of  33-foot  street— condemna- 
tion.] § 19.  Paragraph  i.  Said  railway  companies  shall,  within 
four  months  after  the  passage  of  this  ordinance,  procure  and  dedicate 
for  purposes  of  a public  street,  a strip  of  ground  thirty-three  (33)  feet  in 
width  and  next  west  of  and  adjoining  the  west  line  of  Stewart  avenue, 
if  extended  north  of  the  south  line  of  Mapie  avenue,  and  extending 
from  the  south  line  of  55th  street  to  the  north  line  of  Maple  avenue; 
thence  to  continue  south  and  southerly  on  a curve  to  the  point  where 
the  same  shall  intersect  the  west  line  of  Stewart  avenue,  and  at  such 
distance  from  the  west  face  of  the  western  retaining  walls  sustaining 
the  tracks  of  said  companies  as  that  there  shall  be  a thirty-three  (33) 
foot  street  open  northerly  from  the  point  of  intersection  of  the  westerly 
boundary  of  said  thirty-three  foot  strip  with  the  west  line  of  said  Stew- 
are  avenue  if  extended,  as  aforesaid.  Said  street  shall  be  improved 
by  said  railway  company  and  its  lessee  by  properly  curbing  and  grad- 
ing the  same,  and  by  paving  the  same  with  cedar  block  pavement.  All 
that  portion  of  said  thirty-three  foot  street  lying  south  of  59th  street 
shall  be  provided  with  a proper  and  sufficient  sewer  and  with  water 
supply  pipes,  to  be  laid  and  constructed  in  said  street  by  said  railway 
company  and  at  its  expense. 

All  of  said  work  shall  be  of  the  same  general  grade  and  character 
as  is  usually  used  in  making  like  improvements,  the  details  in  relation 
to  which  shall  be  determined  and  prescribed  by  the  commissioner  of 
public  works. 

Paragraph  2.  All  of  such  street  improvements  shall  be  done 
within  nine  months,  weather  permitting,  after  the  passage  of  this  or- 
dinance. If  any  condemnation  proceedings  by  the  city  of  Chicago 
shall  be  necessary,  such  work  shall  be  done  within  six  months,  weather 
permitting,  after  the  right  of  possession  of  all  the  real  estate  within 
the  limits  of  the  said  thirty-three  foot  street  shall  be  delivered  to  said 
railway  company,  or  its  lessee,  and  said  city  of  Chicago  shall  acquire 
said  right  of  possession  by  proper  condemnation  proceedings  at  as 
early  a date  as  possible  after  the  passage  of  this  ordinance  and  after 
notice  from  the  railroad  company  of  its  inability  to  purchase  the  neces- 
sary real  estate. 

Paragraph  three.  In  case  said  railway  company  shall  be  unable 
to  purchase  said  property  so  required  for  the  opening  of  said  thirty- 
three  foot  street  at  a reasonable  price,  then  the  same  shall  be  con- 
demned by  the  city  of  Chicago  for  street  purposes,  and  the  compensa- 
tion and  damages  awarded  in  such  proceedings  shall  be  paid  by  said 
railway  company  or  its  lessee.  Said  thirty-three-foot  street  shall  be 
provided  with  proper  inclined  approaches  as  provided  in  the  schedule 


836 


RAILROADS. 


[§  386 


of  subways  at  all  those  places  where  the  same  shall  be  necessary  by 
reason  of  subways  under  the  tracks  of  said  companies.  Said  thirty- 
three-foot  street  shall  be  carried  under  the  tracks  of  said  railway  com- 
pany, which  tracks  extend  westward  from  the  main  line  of  said  com- 
pany north  of  59th  street,  by  means  of  subways  substantially  the  same 
as  provided  for  in  the  case  of  subways  under  the  main  tracks  of  said 
companies  except  that  the  clear  space  or  head  room  under  such  ele- 
vated structure  shall  be  twelve  (12)  feet. 

If  20.  Deflection  of  Englewood  avenue— dedication,  etc.] 
§ 20.  Said  railway  company  and  its  lessee  shall  procure  and  dedi- 
cate, for  the  purpose  of  deflecting  Englewood  avenue,  as  hereinbefore 
provided,  so  much  of  lots  one  (1)  and  two  (2)  in  block  two  (2)  in  Nich- 
ole's’ subdivision  of  the  east  one-half  (E.  y2)  of  lots  fifteen  (15)  and 
sixteen  (16)  of  school  trustees’  subdivision  of  section  sixteen  (16),  town- 
ship thirty-eight  (38)  north,  range  fourteen  (14),  east  of  the  third  prin- 
cipal meridian,  situate  in  the  city  of  Chicago,  in  the  county  of  Cook 
and  state  of  Illinois,  as  may  be  necessary  for  the  purpose  of  said  En- 
glewood avenue  over  said  lots  one  (i)  and  two  (2)  as  deflected;  and  if 
they  shall  not,  within  six  months  after  the  passage  of  this  ordinance,  be 
able  to  procure  for  street  purposes  so  much  of  said  lots  one  (1)  and 
two  (2)  as  may  be  necessary  for  said  street  as  deflected,  then  the  city 
council  shall  pass  the  proper  ordinance  and  by  condemnation  proceed- 
ings the  city  of  Chicago  shall  acquire  for  street  purposes  so  much  of 
said  lots  one  (1)  and  two  (2)  as  may  be  necessary  for  the  purposes  of 
deflecting  Englewood  avenue,  and  said  railway  company  and  its  lessee 
shall  pay  the  just  compensation  and  costs  awarded  to  the  owner  or 
owners  of  said  lots  for  the  taking  of  said  lots,  or  either  of  them,  or  any 
part  thereof,  for  street  purposes,  as  aforesaid. 

T 21.  When  in  force — acceptance— agreement.]  § 21.  This 
ordinance  shall  take  effect  from  and  after  its  passage,  approval  and  pub- 
lication; Provided,  however,  that  this  ordinance  shall  be  null  and  void 
unless  said  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company,  or 
its  lessee,  the  Pennsylvania  Company,  shall,  through  authorized  offi- 
cers, of  either  of  said  companies,  file  with  the  mayor  of  the  city  of 
Chicago,  within  sixty  (60)  days  from  the  passage  of  this  ordinance,  an 
agreement,  duly  executed,  whereby  said  railway  company,  or  its  said 
lessee,  shall  undertake  to  do  and  perform  all  the  matters  and  things 
required  of  it  by  this  ordinance  including  also  the  giving  and  dedication 
to  the  public,  for  highway  purposes,  of  so  much  of  the  right  of  way  of 
said  railway  company  as  may  be  occupied  by  and  necessary  for  the  ex- 
tension across  such  right  of  way,  or  of  any  streets  or  avenues  that  may 
not  heretofore  have  been  opened  and  legally  established  as  streets  or 
avenues,  but  which  are  by  this  ordinance  herein  before  mentioned  as 
streets  or  avenues,  to  be  crossed  by  the  tracks  of  said  railway  company 
on  bridges  and  to  be  furnished  with  subways,  which  such  agreement 
by  said  railway  company,  or  its  lessee,  shall  be  made  as  a return  for 
any  liabilities  which  are  in  this  ordinance  incurred,  and  assumed  by 


§ 387]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  837 

the  city  of  Chicago,  or  recoverable  against  it  for  any  damages  to  abut- 
ting or  adjacent  property  or  business  in  consequence  of  change  of 
grade  of  streets,  avenues,  alleys  or  the  railway,  or  of  the  vacation  of 
any  street,  alley,  avenue,  or  other  public  way,  or  of  the  performance 
by  the  railway  company,  or  its  lessee,  of  the  matters  and  things  in  this 
ordinance  required  of  the  railway  and  its  lessee  and  which  agreement 
shall  be  held  to  relieve  and  protect  said  companies  from  all  liability  to 
said  city  or  others  for  such  damages  to  abutting  and  adjacent  property 
or  business  in  consequence  of  change  of  grade  of  streets,  avenues,  al- 
leys, or  the  railway,  or  of  the  vacation  of  any  street,  alley,  avenue  or 
other  public  way,  or  of  the  performance  by  the  railway  company  and 
its  lessee  of  the  matters  and  things  in  this  ordinance  required  of  them  ; 
save  that  for  any  damages  occasioned  by  the  negligent  manner  of  do- 
ing said  work  by  said  companies  ithey  shall  be  liable.  After  the  filing 
of  said  agreement,  as  aforesaid,  this  ordinance  shall  not  be  materially 
modified  or  amended  without  the  consent  of  said  railway  company 
and  its  said  lessee;  but  nothing  in  this  ordinance  contained  shall  be 
deemed  a waiver  or  surrender  of  the  police  power  of  the  city,  or  to  de- 
prive the  city  of  the  right  to  properly  exercise  such  power. 

Note. — See  following  amendatory  ordinances. 

§ 387.  Pittsburg,  Fort  Wayne  & Chicago  Railway  company. 

If  1.  Amending  ordinance  of  July  27,  1896. 

IF  ia.  (Paragraph  3)  State  street  to  St.  Lawrence  avenue. 

IF  ib.  Subways — grade  crossings  at  Keefe  and  St.  Lawrence  avenues. 

IF  ic.  Future  subways  at  Keefe  and  St.  Lawrence  avenues. 

if  id.  Future  subways  at  Keefe  and  St.  Lawrence  avenues — failure  to 
prosecute  work — right  of  city. 

IF  ie.  Ordinance  of  July  27,  1896,  to  apply,  when. 

IF  if.  Time  limit. 

if  ig.  Light  in  subways. 

IF  ih.  Change  of  location  of  underground  work. 

IF  ii.  Extending  Sixty-seventh  street — future  subways  and  bridges. 

if  ij.  When  in  force — agreement. 

An  ordinance  to  amend  an  ordinance  relating  to  the  elevation  of  the  tracks  of 
the  Pittsburg,  Fort  Wayne  & Chicago  Railway  company  and  its  lessee,  the 
Pennsylvania  company.  (Passed  January  18,  1897.) 

1 1.  Amending  ordinance  of  July  27,  1896.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § I.  An  ordinance 
requiring  the  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company 
and  its  lessee,  the  Pennsylvania  Company,  to  elevate  the  plane  of  their 
tracks  in  the  city  of  Chicago,  passed  by  the  city  council  of  said  city  on 
July  27th,  1896,  be  and  the  same  is  hereby  amended  by  amending  sec- 
tion I,  paragraph  3,  and  by  adding  thereto  other  sections  to  be  known 
as  sections  ib,  ic,  id,  ie,  if,  ig,  ih,  ii,  respectively,  so  that  said  para- 
graph 3,  of  section  1 as  amended,  and  SO'  that  said  additional  sections 
as  inserted  in  said  ordinance  shall  be  as  follows: 

IF  la.  State  street  to  St.  Lawrence  avenue.]  § 1.  Para- 
graph 3.  From  the  east  line  of  State  street  said  elevated  roadbed  and 


838 


RAILROADS. 


[§  387 


tracks  shall  continue  in  a southeasterly  direction  and  shall  descend  on 
a gradient  of  about  thirty  (30)  per  centum  for  a distance  of  about  two 
thousand  seven  hundred  and  sixty  (2760)  feet  to  a point  about  on  the 
north  line  of  67th  street,  where  the  elevation  of  the  base  of  rail  of  said 
elevated  roadbed  and  tracks  of  said  railway  company  shall  not  be  less 
than  eighteen  and  eight-tenths  (18.8)  feet  above  city  datum.  Thence 
said  elevated  roadbed  and  tracks  shall  continue  in  a southeasterly  di- 
rection on  a level  plane  for  a distance  of  seven  hundred  (700)  feet  to  a 
point  on  the  east  line  of  South  Park  avenue;  from  said  last  mentioned 
point  on  the  east  line  of  South  Park  avenue  said  elevated  roadbed  and 
tracks  shall  continue  in  a 'southeasterly  direction,  and  they  shall  de- 
scend on  a suitable  gradient  to  a point  about  three  hundred  (300)  feet 
east  of  the  east  line  of  St.  Lawrence  avenue,  where  the  level  of  said 
elevated  roadbed  and  tracks  shall  conform  to  the  grade  of  said  roadbed 
and  tracks  as  they  now  exist. 

If  lb.  Subways — grade  crossings  at  Keefe  and  St.  Lawrence 
avenues.]  § ia.  The  said  Pittsburg,  Fort  Wayne  and  Chicago 
Railway  Company,  and  its'  lessee,  the  Pennsylvania  Company,  shall 
build  and  construct  under  said  elevated  roadbed  and  tracks,  subways 
at  67th  street  and  South  Park  avenue,  and  grade  crossings  at  Keefe 
avenue  and  at  St.  Lawrence  avenue  in  conformity  to  the  following  de- 
tails. And  the  grades  of  the  several  streets  and  avenues  in  this  ordi- 
nance mentioned  are  hereby  changed  and  established  so  as  to  conform 
in  all  respects  to  the  said  details. 

DETAILS  OF  SUBWAY  IN  67TH  STREET. 

Elevation  of  floor  in  subway  shall  not  be  less  than  five  and  three-tenths 
(5.3)  feet  above  city  datum. 

Depression  of  street  shall  not  exceed  five  and  five-tenths  (5.5)  feet  below 
established  grade  of  street,  or  six  and  five-tenths  (6.5)  feet  below  the  eleva- 
tion of  present  base  of  rail. 

The  length  of  west  approach  shall  not  exceed  one  hundred  and  sixty  (160) 
feet. 

The  gradient  of  same  shall  not  exceed  three  and  one-half  (3%)  per  cent. 

Width  between  walls,  sixty-six  (66)  feet. 

Width  roadway,  forty-twm  (42)  feet. 

Width  sidew’alks,  twelve  (12)  feet. 

Clear  head-room,  twelve  and  one-half  (12%)  feet  above  roadway,  and  not 
less  than  seven  and  one-half  (7%)  feet  above  sidewalk. 

The  depression  of  sidewralks  shall  be  uniform  with  roadway  and  about 
one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  at  the  curb  line  and  inside  thereof  to 
support  girders. 

DETAILS  OF  SUBWAY  IN  SOUTH  PARK  AVENUE. 

Elevation  of  floor  of  subway  shall  not  be  less  than  five  and  three-tenths 
(5.3)  feet  above  city  datum. 

Depression  of  street  shall  not  exceed  five  and  seven-tenths  (5.7)  feet  be- 
low the  established  grade  of  street  or  six  and  five-tenths  (6.5)  feet  below  the 
elevation  of  present  base  of  rail. 


§ 387]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY.  839 

The  length  of  the  south  approach  shall  not  exceed  one  hundred  and  sixty 
(160)  feet. 

The  gradient  of  same  shall  not  exceed  three  and  one-half  (3^4)  per  cent. 

The  length  of  lateral  approach  to  alley  from  southeast  shall  not  exceed 
thirty-five  (35)  feet. 

The  gradient  of  same  shall  not  exceed  ten  (10)  per  cent. 

Width  between  walls  sixty-six  (66)  feet,  South  Park  avenue. 

Width  roadway,  forty-two  (42)  feet. 

Width  sidewalks,  twelve  (12)  feet. 

Clear  head-room,  twelve  and  one-half  (12 y2)  feet  above  roadway,  and  not 
less  than  seven  and  one-half  (714)  feet  above  sidewalk. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway  and  about 
one  foot  above  level  of  same.  Two  lines  of  posts  may  be  placed  in  said  sub- 
way at  the  curb  lines  and  inside  thereof  to  support  girders. 


DETAILS  OF  GRADE  CROSSING  AT  KEEFE  AVENUE. 

At  the  intersection  of  Keefe  avenue  with  the  elevated  roadbed  and  tracks 
on  the  declining  grade  from  South  Park  avenue  to  St.  Lawrence  avenue,  there 
shall  be  constructed  upon  and  across  said  roadbed  and  tracks  a good  and  suffi- 
cient street  crossing  of  said  Keefe  avenue  in  the  following  manner,  to  wit: 
Said  company  shall  construct  approach  from  the  southwest  in  Keefe 
avenue  upon  an  incline  from  the  present  surface  of  said  street  at  a grade  not 
exceeding  three  and  one-half  (3%)  per  centum.  Said  crossing  shall  be  well 
and  sufficiently  planked  across  said  approach,  and  said  planked  crossing  shall 
be  of  the  full  width  of  said  Keefe  avenue.  Said  company  shall  also  con- 
struct a wooden  sidewalk  eight  (8)  feet  in  width  on  each  side  of  said  avenue 
within  the  limits  of  said  company’s  right-of-way. 


DETAILS  OF  GRADE  CROSSING  AT  ST.  LAWRENCE  AVENUE. 

At  the  intersection  of  St.  Lawrence  avenue  with  the  elevated  roadbed 
and  tracks,  on  the  descending  grades  from  South  Park  avenue  to  the  said 
point  three  hundred  (300)  feet  east  to  St.  Lawrence  avenue,  there  shall  be 
constructed  upon  and  across  said  roadbed  and  tracks  a good  and  sufficient 
street  crossing  of  said  St.  Lawrence  avenue,  in  the  following  manner,  to  wit: 
Said  company  shall  construct  approach  from  the  south  in  said  St.  Lawrence 
avenue  upon  an  incline  from  the  present  surface  of  said  street  at  a grade  not 
exceeding  three  (3)  per  centum.  Said  crossing  shall  be  well  and  sufficiently 
planked  across  said  approach,  and  said  planked  crossings  shall  be  of  the  full 
width  of  said  St.  Lawrence  avenue.  Said  company  shall  also  construct  a 
wooden  sidewalk  eight  (8)  feet  in  width  on  each  side  of  said  St.  Lawrence 
avenue,  within  the  limits  of  said  company’s  right  of  way. 

1 lc.  Future  subways  at  Keefe  and  St.  Lawrence  avenues.] 

§ ib.  Whenever  at  any  time  hereafter  the  elevation  of  such  roadbed 
and  tracks  shall  be  extended  further  southeasterly  than  is  provided 
in  this  ordinance,  it  shall  be  the  duty  of  said  Pittsburg,  Ft.  Wayne 
and  Chicago  Railway  Company,  and  its  lessee,  the  Pennsylvania  Com- 
pany, to  construct,  at  its  own  expense,  its  portion  (being  that  part 
southwesterly  of  the  northeasterly  line  of  its  right  of  way)  of  subways 
at  Keefe  avenue  and  at  St.  Lawrence  avenue,  which  subways  shall  in 
the  main  be  similar  to  the  subways  provided  for  in  the  ordinance  of  July 
27,  1896,  along  the  portion  of  said  line  of  railway  in  said  ordinance 
mentioned. 


840 


RAILROADS. 


[§  387 


If  Id.  Future  subways  at  Keefe  and  St.  Lawrence  avenues— 
failure  to  prosecute  work — rights  of  city.]  § ic.  The  city  shall 
and  will  provide  for  and  cause  the  extension  and  construction  of  said 
subways  across  and  northeasterly  of  the  right  of  way  of  the  Lake 
Shore  and  Michigan  Southern  Railway  Company  and  under  its  tracks 
and  the  approaches  thereto  from  the  east.  Also  for  the  necessary 
change  of  grade  over  said  last  named  company’s  right  of  way  and 
tracks  at  Keefe  avenue  and  at  St.  Lawrence  avenue,  and  the  Pittsburg, 
Fort  Wayne  and  Chicago  Railway  Company,  and  its  lessee,  the  Penn- 
sylvania Company,  shall  not  do  or  be  required  to  do,  or  pay  any  part  of 
the  cost  or  expense  of  the  work  and  improvement  herein  provided  for, 
which  is  to  be  done  northeasterly  of  the  line  between  its  right  of  way 
and  the  right  of  way  of  the  Lake  Shore  and  Michigan  Southern  Rail- 
way Company.  It  shall  be  and  is  hereby  made  the  duty  respectively 
of  the  said  Pittsburg,  Fort  Wayne  and  Chicago'  Railway  Company, 
and  its  lessee,  the  Pennsylvania  Companv,  and  of  the  Lake  Shore 
and  Michigan  Southern  Railway  Company,  to  prosecute  simultan- 
eously the  work  provided  for  in  this  ordinance,  and  the  work  provided 
for  in  a certain  other  ordinance  of  the  citv  of  Chicago  in  relation  to 
the  same  subject  matter  requiring  the  elevation  of  the  tracks  and  road- 
bed of  said  Lake  Shore  and  Michigan  Southern  Railway  Company, 
between  the  east  line  of  State  street  and  a point  about  three  hundred 
(300)  feet  east  of  the  east  line  of  St.  Lawrence  avenue,  so  that  the 
public  use  of  the  streets  shall  not  be  unnecessarily  or  unduly  interfered 
with.  Should  either  of  said  companies  fail  to  prosecute  such  work 
after  August  1st,  1899,  a't  the  same  time  the  other  company  shall  be 
proceeding  with  its  portion  of  said  work,  and  if  through  such  default 
the  public  use  of  67th  street,  or  South  Park  avenue,  or  Keefe  avenue, 
or  St.  Lawrence  avenue,  or  either  of  said  streets  or  avenues,  should, 
in  the  opinion  of  the  commissioner  of  public  works  of  the  city  of  Chi- 
cago, be  unduly  interfered  with,  then  and  in  that  case  such  commis- 
sioner shall  be  and  is  hereby  authorized  and  empowered  to  take  any 
and  all  such  legal  steps  as  mav  be  necessary  to  prevent  unreasonable 
obstruction  tO'  the  use  of  said  street  by  the  pfrblic. 

1 le.  Ordinance  of  July  27,  1898,  to  apply,  when.]  § id. 

Ah  of  the  provisions  of  the  ordinance  of  July  27th.  1896,  hereby 
amended  shall  apply  to  all  things  provided  for  and  embraced  in  this 
ordinance,  unless  herein  otherwise  specially  provided;  and  the  rights, 
obligations,  powers  and  duties  of  the  citv  and  said  Pittsburg,  Ft. 
Wavne  and  Chicago  Railway  Companv,  and  its  lessee,  the  Pennsyl- 
vania Company,  shall  be  the  same  in  all  respects  as  if  said  ordinance 
of  Tuly  27th,  1896,  had  originallv  contained  all  the  matters  and  thing’s 
contained  in  this  ordinance,  and  said  ordinance  of  July  27th,  1896, 
and  this  ordinance  shall  be  construed  together  the  same  as  if  both 
had  been  contained  in  said  ordinance  herebv  amended. 

IT  If.  Time  limit.  ] § ie.  The  additional  work  provided  for 


841 


§ 387]  PITTSBURG,  FORT  WAYNE  & CHICAGO  RAILWAY  COMPANY. 

in  this  amendatory  ordinance  shall  be  commenced  on  or  after.  August 
1,  1899,  and  fully  finished  and  completed  in  two  years  from  and  after 
the  first  day  of  August,  1899. 

1 lg.  Light  in  subways.]  § if.  Said  railway  company  shall 
construct  the  necessary  appliances  and  perpetually  provide,  at  its  own 
expense,  a good  and  sufficient  light  for  each  of  the  subways  herein 
provided  for.  The  light  so  to  be  furnished  to  be  satisfactory  to  the 
commissioner  of  public ‘works  of  the  city  of  Chicago. 

Tf  Ih.  Change  of  location  of  underground  work.]  § ig.  If 

found  necessary  during  the  construction  of  said  subways  to  change  the 
location  of  the  water  pipes,  sewers  or  electrical  conduits  owned  by  the 
city  of  Chicago,  all  such  work  shall  be  done  by  the  said  railway  com- 
pany at  its  own  cost  and  expense,  and  according  to'  the  directions  of 
the  commissioner  of  public  works,  but  the  gradient  of  the  sewers  shall 
not  be  reduced  in  any  event. 

1 li.  Extending  67th  street — future  subways  and  bridges.] 

§ ih.  Said  railway  company  shall  and  will  and  does  hereby  grant  to 
the  said  city  of  Chicago  the  perpetual  right  of  way,  on  or  after  Au- 
gust 1st,  1899,  for  the  opening,  extending  and  maintaining  of  67th  street 
as  a public  highway  across  its  lands  and  right  of  way  by  means  of  a 
subway  to  be  constructed  as  herein  provided,  and  in  consideration 
thereof,  and  of  the  acceptance  of  this  ordinance  by  the  said  railway 
company,  the  city  undertakes  and  agrees  that  it  will  not  hereafter 
require  or  attempt  to  compel  said  railway  company  at  its  expense  to 
build  any  additional  or  other  subways  than  those  in  this  ordinance 
provided  for  between  State  street  and  South  Park  avenue.  But  it  is 
hereby  agreed  that  if  the  city  of  Chicago  shall  at  any  time  hereafter 
open  and  extend  any  street  or  streets,  or  avenue  or  alley  between  State 
street  and  South  Park  avenue,  such  extension  shall  be  by  means  of 
subways  only  across  the  right  of  wav  and  lands  of  said  railway  com- 
pany; and  in  such  case,  no  claim  for  compensation  on  account  of 
land  taken  for  right  of  way  of  such  street,  avenue  or  alley  will  be  made 
by  the  railway  company;  and  this  waiver  of  compensation  shall  attach 
to  and  run  with  such  land  in  the  hands  of  any  grantee  or  grantees 
of  said  railroad  company  or  companies;  'but  the  sole  cost  and  expense 
of  the  construction  of  such  bridges  as  may  be  necessary  to  carry  all 
the  tracks  on  said  company’s  land  and  right  of  way  over  said  high-1 
ways,  shall  be  borne  and  paid  by  the  city  of  Chicago  without  expense 
to  the  railway  company;  and  in  no  case  shall  any  such  bridge  over 
such  subways  so  to  be  built  be  inferior  in  any  regard  to  the  bridges 
provided  by  this  ordinance,  or  which  shall  be  constructed  over  the 
subways  at  67th  street  and  at  South  Park  avenue.  The  work  of  such 
construction  shall  be  done  by  the  railway  company  and  the  amount  to 
be  paid  by  the  city  for  such  work  and  construction  shall  not  exceed 
the  actual  and  reasonable  cost  thereof.  Said  bridges'  respectively  shall 
support  all  the  tracks  of  said  company  then  existing  and  in  use  across 


842 


RAILROADS. 


[§  387* 


the  lines  of  such  proposed  streets  at  the  time  of  the  construction  of 
any  such  subway  across  such  right  of  way  of  said'  railway  company. 
But  said  railway  'company  shall  not  be  required  to  do  any  work  toward 
the  construction  of  any  such  subway  until  the  cost  thereof,  as  may  be 
estimated  by  the  city  engineer  and  the  chief  engineer  of  said  railway 
company,  first  shall  have  been  paid  over  to  said  company  or  deposited 
in  some  responsible  bank  for  its  benefit  and  to  be  paid  over  to  it  at 
once  upon  the  completion  of  said  work.  The  grade  of  the  roadbed 
and  tracks  of  said  company  shall  be  and  remain  at  the  grade  herein- 
before specified. 

If  Ij.  When  in  force — agreement.]  § ii.  This  ordinance 
shall  take  effect  from  and  after  its  passage  and  approval;  provided, 
however,  that  the  same  shall  be  null  and  void  if  the  said  railway  com- 
pany shall  not,  within  sixty  (60)  days  from  the  passage  of  this  ordi- 
nance, file  with  the  mayor  of  the  city  of  Chicago  an  agreement,  duly 
executed,  whereby  said  railway  company  shall  undertake  to  do  and 
perform  all  the  matters  and  things  required  of  it  bv  this  ordinance. 
After  the  filing  of  said  agreement,  as  aforesaid,  this  ordinance  shall 
be  binding  upon  the  city  and  said  railway  company,  and  shall  not  be 
materially  modified  or  amended  without  the  consent  of  said  railway 
company,  but  nothing  in  this  ordinance  contained  shall  be  deemed  a 
waiver  or  surrender  of  the  police  power  of  the  city,  or  to  deprive  the' 
city  of  the  right  to  perpetually  exercise  such  police  power. 

Note. — See  following  amendatory  ordinance. 

§ 387*.  Pittsburg,  Fort  Wayne  & Chicago  Railway  company. 

IT  l Amending  section  11  of  foregoing  ordinance. 

TJ  2.  Section  11  as  amended. 

An  ordinance  to  amend  an  ordinance  relating  to  the  elevation  of  the  tracks  of 

the  Pittsburg,  Fort  Wayne  & Chicago  Railway  company  and  its  lessee,  the 

Pennsylvania  company.  (Passed  March  1,  1897.) 

1 1.  Amending  section  11  of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  sec- 

tion 1 1 of  an  ordinance  relating  to  the  elevation  of  the  tracks  of  the 
Pittsburg,  Ft.  Wayne  and  Chicago  Railway  Company,  and  its  lessee, 
the  Pennsylvania  Company,  passed  by  the  city  council  of  said  city 
of  Chicago  on  January  18,  1897,  be  and  the  same  is  hereby  amended 
by  inserting  after  the  words  “railway  company,’’  in  the  fifth  line  of 
said  section  11  the  words  “or  its  said  lessee/’  and  by  inserting  after 
the  words  “railway  company/’  in  the  ninth  line  of  said  section  11,  the 
words  “or  its  said  lessee/’  so  that  said  section,  as  hereby  amended, 
shall  read  as  follows,  to  wit: 

T 2.  Section  11  as  amended.]  § 11.  This  ordinance  shall 
take  effect  from  and  after  its  passage  and  approval;  provided,  how- 
ever, that  the  same  shall  be  null  and  void  if  the  said  railway  company, 
or  its  said  lessee,  shall  not  within  sixty  (60)  days  from  the  passage  of 
this  ordinance  file  with  the  mayor  of  the  city  of  Chicago  an  agreement 


§ 388] 


UNION  STOCK  YARD  & TRANSIT^COMP  ANY. 


843 


duly  executed  whereby  said  railway  company,  or  its  said  lessee,  shall 
undertake  to  do  and  perform  all  the  matters  and  things  required  of  it 
by  this  ordinance.  After  the  filing  of  said  agreement,  as  aforesaid, 
this  ordinance  shall  be  binding  upon  the  city  and  said  railway  com- 
pany, and  shall  not  be  materially  modified  or  amended  without  the 
consent  of  said  railway  company;  but  nothing  in  this  ordinance  con- 
tained shall  be  deemed  a waiver  or  surrender  of  the  police  power  of 
the  city,  or  to  deprive  the  city  of  the  right  to  perpetually  exercise  such 
police  power. 


UNION  STOCK  YARD  & TRANSIT  COMPANY. 

§ 388.  Union  Stock  Yard  & Transit  company. 

If  1.  Depression  and  elevation  required— subways. 

IT  2.  “Y”  connections. 

•ft  3*  Drainage  of  subway. 

•ff  4.  Plans  submitted  to  city. 

IT  5.  Purpose  of  passage  of  ordinance. 

^ 6.  When  in  force — acceptance. 

An  ordinance  to  enable  the  Lake  Shore  & Michigan  Southern  Railway  company 
and  the  Chicago,  Rock  Island  & Pacific  Railway  company  to  prosecute  the 
work  of  elevating  their  tracks  in  accordance  with  the  ordinance  of  July  9, 
1894,  by  permitting  the  depression  of  the  tracks  of  the  Union  Stock  Yard  & 
Transit  company.  (Passed  February  15,  1897.) 

1 1.  Depression  and  elevation  required — subway.]  Be  it  or- 
dained 'by  the  city  council  of  the  city  of  Chicago  : § 1.  The  Union 
Stock  Yard  and  Transit  Company  of  Chicago  is  hereby  ordered  and 
required  to  depress  the  plane  of  its  main  tracks,  beneath  the  roadbed 
and  tracks  of  the  Lake  Shore  and  Michigan  Southern  Railway  Com- 
pany, and  of  the  Chicago,  Rock  Island  and  Pacific  Railway  Company, 
when  and  as  the  same  are  elevated,  as  provided  by  an  ordinance  of  the 
city  council  of  the  city  of  Chicago,  passed  July  9th,  1894,  and  also  to 
elevate  its  “Y”  connections  with  the  said  railroads,  upon  the  same 
being  elevated,  all  in  the  manner  and  upon  the  conditions  hereinafter 
specified,  that  is  to  say : 

Beginning  at  the  west  line  of  Dearborn  street,  the  main  tracks 
of  the  Union  Stock  Yard  and  Transit  Company  of  Chicago  shall  be 
lowered  at  a grade  of  approximately  two  (2)  per  cent  to  a depression 
below  the  present  grade  of  the  base  of  the  rails,  of  three  and  eleven 
hundrdths  (3.1 1)  feet  at  the  east  line  of  Armour  avenue  (or  Butter- 
field street),  and  four  and  twenty-two  hundredths  (4.22)  feet  at  the 
west  line  of  Armour  avenue,  and  a depression  under  the  right  of  way 
of  the  Lake  Shore  and  Michigan  Southern  Railway  Company  and  the 
Chicago,  Rock  Island  and  Pacific  Railway  Company  to  eleven  (11)  feet 


844 


RAILROADS. 


[§  388 


above  city  datum,  or  five  and  six  tenths  (5.6)  feet  below  the  present 
grade;  thence  ascending,  at  a grade  of  approximately  one  and  six 
tenths  (1.6)  per  cent,  within  its  right  of  way,  reaching  the  present 
grade  of  said  tracks  at  the  east  line  of  Wentworth  avenue.  The  two 
“Y”  connections  from  the  tracks  of  the  Union  Stock  Yard  and  Transit 
Company  of  Chicago,  running  northeasterly  and  southeasterly  from 
said  tracks  to  the  tracks  of  the  Lake  Shore  and  Michigan  Southern 
Railway  Company  and  the  Chicago,  Rock  Island  and  Pacific  Railway 
Company  shall  be  elevated,  when  the  tracks  last  mentioned  are  ele- 
vated, under  said  ordinance  of  July  9,  1894,  commencing  at  the  east 
line  of  Wentworth  avenue,  and  within  the  right  of  way  of  the  Union 
Stock  Yard  and  Transit  Company  of  Chicago. 

T 2.  “Y”  connections.]  § 2.  The  “Y”  connection  between  the 

main  tracks  of  the  Union  Stock  Yard  and  Transit  Company  running 
northwesterly  from  said  tracks  to  the  tracks  of  the  Lake  Shore  and 
Michigan  Southern  Railway  Company  and  the  Chicago,  Rock  Island 
and  Pacific  Railway  Company  shall  be  discontinued,  and  Armour  ave- 
nue shall  be  lowered  at  a grade  of  approximately  three  and  one-naif 
per  cent  for  such  distance  on  either  side  of  the  center  of  the  right  of 
way  of  said  Union  Stock  Yard  and  Transit  Company  as  to  permit  of 
said  Armour  avenue  crossing  at  grade  the  right  of  way  of  said  Union 
Stock  Yard  and  Transit  Company  at  approximately  the  center  of  said 
right  of  way,  as  depressed,  as  herein  ordered.  And  said  Union  Stock 
Yard  and  Transit  Company  shall  restore  Armour  avenue,  as  depressed, 
and  repave  said  street  and  replace  curb  walls,  without  expense  to  the 
city  of  Chicago. 

In  consideration  of  the  foregoing,  the  said  company  shall  be  and 
is  hereby  indemnified  by  the  city  of  Chicago  of  and  from  all  liability 
for  any  land  or  business  damages  which  may  be  incurred  by  or  recov- 
erable against  said  company  or  the  city  of  Chicago,  by  the  passage 
and  enforcement  of  this- ordinance,  or  by  the  changing  of  the  grades 
of  streets  or  alleys,  in  accordance  with  the  provisions  hereof,  or  by 
reason  of  the  city  of  Chicago  having  required  said  company  to  do  and 
perform  the  matters  and  things  herein  required  of  it,  or  by  the  per- 
formance, by  said  company,  of  the  matters  and  things  herein  required 
of  it;  but  nothing  in  this  ordinance  contained  shall  be  deemed  a 
waiver  or  surrender  of  the  police  power  of  the  city,  or  to  deprive  the 
city  of  the  right  to  properly  exercise  such  power. 

If  3.  Drainage  of  subway.]  § 3.  The  railroad  subway  herein 
provided  for  shall  be  drained  by  the  construction  of  a receiving  basin, 
at  the  lowest  point  therein,  which  shall  be  connected  with  and  dis- 
charge its  contents  into  the  city  sewer,  in  Armour  avenue. 

IT  4.  Plans  submitted  to  city.]  § 4.  The  said  company  shall, 
at  least  ten  days  prior  to  the  commencement  of  the  work  herein  pro- 
vided for,  submit  to  the  commissioner  of  public  works,  for  his  ap- 
proval, complete  plans  thereof,  for  the  purpose  of  ascertaining  whether 


L.  S.  & M.  S.  AND  C.,  R.  I.  & P.  RAILWAY  COMPANIES. 


845 


389] 


the  same  is  in  strict  accordance  with  the  provisions  of  this  ordinance, 
and  after  the  approval  of  such  plans  by  the  commissioner  of  public 
works,  the  said  work  shall  be  constructed  in  accordance  therewith,  and 
to  the  satisfaction  of  the  commissioner  of  public  works,  and  not  other- 
wise except  as  herein  provided.  The  work  shall  be  carried  on,  as  near 
as  may  be,  simultaneously  with  the  work  of  track  elevation,  by  the 
Lake  Shore  and  Michigan  Southern  Railway  Company  and  the  Chi- 
cago, Rock  Island  and  Pacific  Railway  Company,  under  said  ordinance 
of  July  9,  1894. 

T 5.  Purpose  of  passage  of  ordinance.]  § 5.  The  only  pur- 
pose of  the  city  of  Chicago  in  the  passage  of  this  ordinance  is  that 
indicated  in  the  title  thereto,  and  neither  the  passage  of  this  ordinance, 
the  incurring  of  any  expense,  nor  the  doing  of  any  work  thereunder 
by  the  Union  Stock  Yard  and  Transit  Company  shall  ever  be  con- 
strued or  held  to  in  any  way  whatever  to  estop  or  prevent  the  city  of 
Chicago  from  hereafter  at  any  time  passing  an  ordinance  or  ordi- 
nances abolishing  the  subway  crossing  herein  provided  for,  and  re- 
quiring said  Union  Stock  Yard  and  Transit  Company  to  elevate  the 
plane  of  its  roadbed  and  tracks  or  any  portion  thereof  within  the  limits 
of  the  city  of  Chicago. 

T 6.  When  in  force — acceptance.]  § 6.  This  ordinance  shall 
take  effect  from  and  after  its  passage  and  acceptance  by  said  company, 
provided  that  such  acceptance  be  filed  with  the  mayor  of  the  city  of 
Chicago,  within  sixty  days  from  the  passage  of  the  ordinance. 

Note. — See  following  amendatory  ordinance. 


LAKE  SHORE  & MICHIGAN  SOUTHERN  AND  CHICAGO, 
ROCK  ISLAND  & PACIFIC  RAILWAY  COMPANIES. 

§ 389.  Lake  Shore  & Michigan  Southern  and  Chicago,  Rock 
Island  & Pacific  Railway  companies. 

If  1.  Amending  section  2 of  foregoing  ordinance. 

If  2.  Section  2 as  amended. 

An  ordinance  amending  an  ordinance  in  relation  to  elevation  of  tracks  of  Lake 
Shore  & Michigan  Southern  and  Chicago,  Rock  Island  & Pacific  Railway 
companies,  and  depression  of  tracks  of  Union  Stock  Yard  & Transit  com- 
pany’s track.  (Passed  March  8,  1897.) 

if  1.  Amending  section  2 of  foregoing  ordinance.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  section  2 
of  a certain  ordinance  passed  on  the  15th  day  of  February,  1897, 
entitled  “An  ordinance  to  enable  the  Lake  Shore  and  Michigan  South- 
ern Railway  Company,  and  the  Chicago,  Rock  Island  and  Pacific  Rail- 


846 


RAILROADS. 


[§  389 


way  Company  to  prosecute  the  work  of  elevating  their  tracks  in  ac- 
cordance with  the  ordinance  of  July  9,  1894,  by  permitting  the  depres- 
sion of  the  tracks  of  the  Union  Stock  Yard  and  Transit  Company ,” 
be  and  the  same  is  hereby  amended  so  that  said  section  2,  as  amended, 
shall  read  as  follows: 

If  2.  Section  2 as  amended.]  § 2.  When  the  tracks  of  the 
Lake  Shore  and  Michigan  Southern  Railway  Company,  and  the  Chi- 
cago, Rock  Island  and  Pacific  Railway  Company,  shall  have  been  ele- 
vated at  Fortieth  street,  pursuant  to  said  ordinance  of  July  9,  1894,  the 
“Y”  connection  between  the  main  tracks  of  the  Union  Stock  Yard  and 
Transit  Company,  which  runs  northwesterly  from  the  said  main  tracks 
to  the  tracks  of  the  Lake  Shore  and  Michigan  Southern  Railway  Com- 
pany and  the  Chicago,  Rock  Island  and  Pacific  Railway  Company 
shall  be  discontinued,  and  during  the  prosecution  of  the  work  of  ele- 
vating said  tracks  said  “Y”  connection  may  be  maintained  and  the 
grade  thereof  may  from  time  to  time  be  so  changed  and  elevated  as 
may  be  necessary  for  the  safe  passage  of  trains  between  the  tracks 
so  to  be  elevated,  under  said  ordinance  of  July  9th,  1894,  and  the 
tracks  of  the  Union  Stock  Yard  and  Transit  .Company.  Armour  ave- 
nue shall  be  lowered  at  a grade  of  approximately  three  and  one-half 
per  cent  for  such  distance  on  either  side  of  the  center  of  the  right  of 
way  of  said  Union  Stock  Yard  and  Transit  Company  as  to  prmit  of 
said  Armour  avenue  crossing  at  grade  the  right  of  way  of  said  Union 
Stock  Yard  and  Transit  Company  at  approximately  the  center  of  said 
right  of  way,  as  depressed,  as  herein  ordered.  And  said  Union  Stock 
Yard  and  Transit  Company  shall  restore  Armour  avenue,  as  depressed, 
and  repave  said  street  and  replace  curb  walls,  without  expense  to  the 
city  of  Chicago. 

In  consideration  of  the  foregoing,  the  said  company  shall  be  and 
is  hereby  indemnified  by  the  city  of  Chicago  of  and  from  all  liability 
for  any  land  or  business  damages  which  may  be  incurred  by  or  recov- 
erable against  said  company  or  the  city  of  Chicago,  by  the  passage 
and  enforcement  of  this  ordinance,  or  by  the  changing  of  the  grades 
of  streets  or  alleys,  in  accordance  with  the  provisions  hereof,  or  by 
reason  of  the  city  of  Chicago  having  required  said  company  to  do  and 
perform  the  rpatters  and  things  herein  required  of  it,  or  by  the  per- 
formance, by  said  company,  of  the  matters  and  things  herein  required 
of  it ; but  nothing  in  this  ordinance  contained  shall  be  deemed  a waiver 
or  surrender  of  the  police  power  of  the  city,  or  to  deprive  the  city 
of  the  right  to  properly  exercise  such  power. 


CHAPTER  XII.— RAILWAYS— ELEVATED. 


§ 390.  Chicago  Elevated  Terminal  Railway  company. 

§ 391.  Consolidated  Rapid  Transit  & Elevated  Railroad  company. 

§ 392.  Equitable  Transportation  company. 

§ 393.  Lake  Street  Elevated  Railway  company.  (Authority  to  construct. ) 

§ 394.  Lake  Street  Elevated  Railway  company.  (Granting  right  of  way, 
Canal  street  to  Crawford  avenue.) 

§ 395.  Lake  Street  Elevated  Railway  company.  (Granting  right  of  way, 
Crawford  avenue  to  limits. ) 

§396.  Lake  Street  Elevated  Railway  company.  (Refund  of  deposit.) 

§ 397.  Lake  Street  Elevated  Railway  company.  (Consenting  and  con- 
firming.) 

§ 398.  Lake  Street  Elevated  Railway  company.  (Authority  to  connect 
branches.) 

§ 399.  Lake  Street  Elevated  Railway  company.  (Amending  sections  4 
and  6.) 

§ 400.  Lake  Street  Elevated  Railway  company.  (Amendment  to  6th 
clause. ) 

§ 401.  Lake  Street  Elevated  Railway  company.  (Authority  to  construct 
road  on  Lake  street,  from  Market  street  to  Wabash  avenue.) 

§ 402.  Metropolitan  West  Side  Elevated  Railroad  company. 

§ 403.  Northwestern  Elevated  Railroad  company. 

§ 404.  Northwestern  Elevated  Railroad  company.  (Amendment.) 

§ 405.  Northwestern  Elevated  Railroad  company.  (Extending  time  for 
completion  of  road.) 

§ 406.  Northwestern  Elevated  Railroad  company.  (Return  of  deposits.) 

§ 407.  South  Side  Elevated  Railroad  company  (successor  to  the  Chicago  & 
South  Side  Rapid  Transit  Railroad  company. ) 

Chicago  & South  Side  Rapid  Transit  Railroad  company. 

Chicago  & South  Side  Rapid  Transit  Railroad  company.  (Amend- 
ment.) 

union  Elevated  Railroad  company. 

Union  Consolidated  Elevated  Railway  company. 

Union  Elevated  Railroad  company  and  Union  Consolidated  Elevated 
Railway  company.  (Agreement.) 


CHICAGO  ELEVATED  TERMINAL  RAILWAY  COMPANY. 

§ 390.  Chicago  Elevated  Terminal  Railway  company. 

r^T  i*  Grant — route.  * 

IT  2.  Branches — southeast,” 
j^1T  3*  Branches— southwest. 

11  4.  Construction — specifications. 

■IT  5.  Tracks  to  be  elevated. 

IT  6.  Fences — gates — bells — attendants,^ 

'IF  7.  Suspension — plans — permit. 

“If  8.  Suspension — crossings — sidewalks. 

9.  Limitation — subject  to  ordinances, 

xo,  Motive  power  equipment— protection  from  drippings, 

847 


848 


RAILWAYS ELEVATED. 


L§  390 


ii-  Motive  power — subject  to  ordinances. 

If  12.  Stations,  platforms,  etc. 

13.  Telegraph  line — use  of  structure  by  city. 

•[[  14.  Conditions — time  for  completion. 

15.  Indemnity  clause. 

16.  Indemnity  bond — conditions. 

*[17.  In  effect — acceptance — bond. 

An  ordinance  authorizing  the  Chicago  Elevated  Terminal  Railway  company  to 
construct,  maintain  and  operate  a railroad  in  Chicago."  (Passed  November 
1891.  Accepted  November  9,  1891.) 

1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  in  consideration  of  the  agreements  here- 
inafter contained,  the  right  is  hereby  granted  to  the  Chicago  Elevated 
Terminal  Railway  Company,  a corporation  organized  under  the  laws 
of  the  state  of  Illinois,  its  lessees,  successors  and  assigns,  to  construct, 
maintain  and  operate  a railroad,  with  two  or  more  main  tracks,  with 
the  necessary  and  convenient  side  tracks,  turnouts,  switches  and  appur- 
tenances, over,  upon  and  along  such  lands  as  it  now  has  or  may  here- 
after, in  any  manner,  acquire  the  right  to  lay  tracks  upon  or  over, 
by  lease,  purchase,  license,  condemnation  or  otherwise,  and  across  all 
intervening  streets,  alleys  and  public  ground  along  and  upon  the  fol- 
lowing route,  viz.:  Beginning  at  a point  on  the  southerly  side  of 

Twelfth  street,  between  the  westerly  side  of  State  street  and  the  south 
branch  of  the  Chicago  river,  running  thence  southerly  to  a point 
adjacent  to  Sixty-seventh  and  State  street,  thence  in  a southerly  direc- 
tion east  of  State  street  to  the  city  limits. 

Tf  2.  Branches — southeast.]  § 2.  That,  in  consideration  of  the 
agreements  hereinafter  contained,  the  right  is,  also,  hereby  granted  to 
the  Chicago  Elevated  Terminal  Rail  wav  Company,  its  lessees,  suc- 
cessors and  assigns,  to  construct  and  maintain  a branch  railroad,  with 
two  or  more  railroad  tracks,  with  the  necessary  and  convenient  side 
tracks,  turnouts,  switches  and  appurtenances,  over,  upon  and  along 
such  lands  as  it  now  has  or  may  hereafter  in  any  manner  acquire  the 
right  to  lay  tracks  upon  or  over  by  lease,  purchase,  license,  condemna- 
tion or  otherwise,  and  across  all  intervening  streets,  alleys  or  public 
ground  along  and  upon  the  following  route,  beginning  at  some  point 
on  the  main  line  of  railroad  described  in  section  1 hereof,  between 
Sixty-third  and  Sixty-seventh  streets,  thence  in  a southeasterly  direc- 
tion to  a point  on  the  state  line  between  Indiana  and  Illinois. 

If  3.  Branches — southwest.]  § 3.  That,  in  consideration  of  the 
agreements  hereinafter  contained,  the  right  is  also  hereby  granted 
to  the  Chicago  Elevated  Terminal  Railway  Company,  its  lessees,  suc- 
cessors and  assigns,  to  construct  and  maintain  a branch  railroad,  with 
two  or  more  railroad  tracks,  with  the  necessary  and  convenient  side 
tracks,  turnouts,  switches  and  appurtenances,  over,  upon  and  along 
such  lands  as  it  now  has  or  may  hereafter  in  any  manner  acquire  the 
right  to  lay  tracks  upon  or  over  by  lease,  purchase,  license,  condemna- 
tion or  otherwise,  and  across  all  intervening  streets,  alleys  or  public 


§ 39°]  CHICAGO  ELEVATED  TERMINAL  RAILWAY  COMPANY. 


849 


ground  along  and  upon  the  following  route,  beginning  at  a point  on 
the  main  line  described  in  section  i,  between  Twenty-second  and 
Thirty-first  streets,  and  thence  in  a southwesterly  or  westerly  direction 
to  the  city  limits,  crossing  the  said  limits  at  some  point  between  Fifty- 
fifth  street  on  the  south  and.  Thirty-fifth  street  on  the  north. 

Tf  4.  Construction — specifications.]  § 4.  The  main  railroad 
tracks,  by  this  ordinance  authorized,  between  Twelfth  street  and  the 
point  adjacent  to  Sixty-seventh  and  State  streets,  and  also  that  part 
of  the  branch  line  running  in  a southwesterly  or  westerly  direction,  as 
far  as  Thirty-first  street  and  the  Illinois  and  Michigan  canal,  shall  be 
built  as  provided  in  this  section,  viz. : 

(a)  An  elevated  structure,  with  the  track  or  tracks  supported  or 
upheld  by  cross  girders,  which  cross  girders  shall  be  suspended  or  up- 
held by  a row  or  rows  of  iron  posts  or  iron  columns,  but  outside  of  the 
street  lines,  upon  the  property  of  the  company,  may  be  upheld  or  sup- 
ported by  iron  posts  or  brick  or  stone  supports. 

(b)  The  transverse  diameter  of  each  post  or  column  placed  within 
the  street  shall  not  exceed  24  inches  at  the  base,  and  thence  tor 
at  least  ten  feet  above  the  surface  of  the  roadway. 

(c)  The  transverse  diameter  of  the  iron  posts  or  columns  does 
not  include  fenders,  and  adequate  fenders  shall  be  fitted  around  the 
base  of  each  column  or  post  within  the  street  lines  to  prevent  the 
hubs  of  the  wheels  of  passing  vehicles  from  striking  the  columns. 

(d)  The  longitudinal  distance  between  columns  or  posts,  when 
the  same  are  within  the  street  lines,  and  the  location  of  such  columns 
or  posts,  shall  be  subject  to  the  direction  and  approval  of  the  com- 
missioner of  public  works  of  said  city. 

(e)  Guard  rails  shall  be  placed  at  the  side  of  the  structure  to 
prevent  the  cars  from  leaving  the  track  after  derailment. 

(f)  The  material  used  for  that  part  of  the  structure  above  the 
ground  shall  be  iron,  steel,  stone  or  brick,  except  the  roadbed,  which 
may  be  asphalt  or  broken  stone,  supported  on  buckle  plates,  and  ex- 
cept the  rails,  which  shall  be  of  steel,  and  except  the  ties  and  guard 
rails,  which  shall  be  a suitable  quality  of  selected  lumber.  All  the 
material  used  in  the  construction  of  the  work  shall  be  of  suitable  qual- 
ity for  the  purpose  to  which  it  is  to  be  applied  and  the  work  shall  be 
executed  in  a workmanlike  manner. 

(g)  Except  where  the  width  of  any  street  or  avenue  between  the 
curbs  thereof  is  fifty  feet  or  more,  or  where  the  structure  is  one  having 
a row  of  iron  columns  or  posts  upon  or  near  the  curb  lines,  every  cross 
street  or  avenue  shall  be  spanned  by  a single  span  only. 

(h)  No  part  of  the  girders  of  the  superstructure  shall  be  less  than 
t6  feet  above  the  established  grade  of  streets,  avenues  or  alleys,  and 
whenever  said  elevated  structure  crosses  or  passes  over  the  right  of 
way  of  tracks  of  existing  surface  steam  railroads  a clear  head  room 
between  the  lower  cord  of  all  of  said  girders  and  of  the  surface  rails 

54 


850  RAILWAYS ELEVATED.  [§  390 

of  all  of  said  railroads,  at  the  present  existing  grade,  and  from  out  to 
out  of  said  right  of  way,  shall  not  be  less  than  18  feet. 

(i)  The  said  elevated  tracks  hereby  authorized  may  be  brought 
to  the  surface  at  a gradient  to  be  fixed  by  said  Chicago  Elevated  Ter- 
minal Railway  Company,  at  or  in  the  vicinity  of  Sixty-seventh  and 
State  streets  and  also  the  branch  line,  at  or  in  the  vicinity  of  Thirty- 
first  street  and  the  canal. 

(j)  Whenever  the  said  tracks  hereby  authorized,  or  any  or  either 
of  them,  shall  cross  streets  now  existing,  or  hereafter  laid  out,  at  a 
point  or  points  southerly,  southeasterly  or  southwesterly  of  the  north- 
erly point  or  points  of  such  gradient  or  gradients,  the  said  railway 
company  shall  raise,  depress  or  bridge  a roadway  or  crossing  of  such 
street  or  streets,  so  as  to  carry  and  maintain  the  same  across  or  under 
or  over  such  tracks,  as  the  commissioner  of  public  works  of  said  city 
may  require,  and  shall  pay  and  indemnify  and  save  harmless  the  city 
of  Chicago  from,  any  and  all  damages,  judgments,  decrees,  costs  and 
expenses  of  the  same,  or  for  or  by  reason  of,  or  growing  out  of,  or  re- 
sulting from,  the  same. 

T 5.  Tracks  to  be  elevated.]  § 5.  The  railroad  tracks  hereby 
authorized  to  be  laid  by  this  ordinance  on  the  surface  shall,  after  twenty 
years  from  the  passage  of  this  ordinance,  be  elevated  and  constructed 
in  the  manner  provided  in  section  4 of  this  ordinance,  if  and  when  said 
company,  after  said  time,  shall  be  ordered  so  to  do  by  the  city  council, 
or  said  company  may,  at  its  election  at  any  time  hereafter,  elevate  said 
tracks,  or  any  part  thereof,  in  like  manner  as  required  by  section  4 
hereof. 

IT  6.  Fences — gates — bells — attendants.]  § 6.  The  permission, 
authority  and  privileges  hereby  granted  are  given  upon  the  express 
condition  that  the  said  railroad  company  will  when,  as  it  may  be  re- 
quired by  the  city  council,  erect  and  forever  maintain,  at  its  own  ex- 
pense, suitable  fences  of  wood  or  iron,  and  of  a design,  size  and  ma- 
terial to  be  determined  by  the  department  of  public  works,  along  the 
routes  described  in  sections  2 and  3 of  this  ordinance,  where  said  rail- 
road tracks  are  not  elevated,  together  with  such  suitable  and  necessary 
gates  and  bells  lor  the  protection  of  the  public  at  the  several  street 
crossings  along  the  routes  authorized  in  sections  2 and  3 of  this  ordi- 
nance, where  said  railroad  tracks  are  not  elevated,  with  the  necessary 
attendants  in  charge  thereof,  during  the  hours  of  each  and  every  day, 
as  may  be  required  by  the  department  of  public  works  or  the  city 
council  of  the  city  of  Chicago. 

IS  7.  Supervision— plans— permit.]  § 7.  The  said  Chicago  Ele- 
vated Terminal  Railway  Company,  before  the  construction  of  any  part 
of  said  road,  shall  submit  plans  and  specifications  thereof  to  the  com- 
missioner of  public  works  for  his  approval,  who  shall  determine 
whether  or  not  said  plans  conform  to  the  provisions  of  this  ordinance, 
and,  if  found  to  conform  to  the  provisions  of  this  ordinance,  he  shall 


CHICAGO  ELEVATED  TERMINAL  RAILWAY  COMPANY. 


851 


issue  a permit  for  the  construction  thereof,  in  accordance  with  the 
plans  and  specifications. 

IT  8.  Supervision — crossings — sidewalks.]  § 8.  The  said  com- 
pany shall  be  subject  to  the  supervision  of  the  department  of  public 
works  of  the  city  in  the  construction  of  all  said  tracks  and  the  keeping 
in  repair  of  said  streets,  alleys  and  crossings  as  may  be  occupied  by 
any  of  said  tracks  when  placed  on  the  surface.  At  all  crossings  of 
streets  and  alleys  the  railroad  tracks  shall  be  made  to  conform  to  the 
established  grade,  and  the  spaces  between  the  tracks  shall  be  planked 
or  paved,  when  laid  on  the  surface,  by  said  company,  and  when  said 
tracks  cross  any  sidewalk  shall  keep  the  same  across  all  of  its  right 
of  way  in  good  repair.  If  new  sidewalks  shall  be  ordered  by  the  city 
council  where  the  tracks  of  said  company  are  laid  on  the  surface,  then 
said  company  shall  construct  the  same  as  ordered,  and  if  the  said 
company  shall  neglect  to  repair  such  sidewalks,  or  to  construct  a new 
sidewalk  when  so  ordered  as  aforesaid,  the  city  may  cause  such  side- 
walk to  be  built,  and  said  company  shall  be  liable  to  the  city  for  the 
cost  of  the  same,  and  it  shall  also  be  liable  for  any  damages  which  may 
accrue  to.  any  person  or  persons  by  reason  of  its  neglect  to  keep  the 
said  sidewalk  as  aforesaid  in  repair,  or  to  construct  the  same,  as  herein 
provided,  and  said  company  shall  also  reimburse  the  city  for  all  charges 
and  expense  of  inspection  during  the  construction  of  the  work. 

T 9.  Limitation — subject  to  ordinances.]  § 9.  The  privileges 
and  rights  herein  granted  shall  be  subject  to  all  ordinances  of  the  city 
of  Chicago  governing  railroads  now  in  force  or  which  shall  hereafter 
be  passed,  so  far  as  the  same  may  be  applicable  thereto. 

10.  Motive  power  equipment — protection  from  drippings.] 

§ 10.  The  motive  power  shall  be  fully  equipped  with  all  modern  de- 
vices calculated  to  render  it  practically  noiseless  and  smokeless  and  to 
prevent  the  discharge  of  cinders  and  sparks,  and  suitable  and  practi- 
cable devices  shall  likewise  be  placed  at  all  street  crossings  where  the 
road  is  elevated,  to  intercept  and  carry  off  storm  water  and  drippings 
from  melting  snow  and  other  sources,  by  means  of  suitable  instru- 
mentalities to  connect  the  same  with  the  sewers  of  the  city. 

11.  Motive  power — subject  to  ordinances.]  § 11.  Cars 
may  be  run  over  and  along  the  railroad  tracks  herein  authorized  to  be 
built,  with  steam  or  such  other  motive  power  as  the  said  Chicago  Ele- 
vated Terminal  Railway  Company,  its  lessees,  successors  or  assigns, 
may,  from  time  to  time,  adopt,  subject  to  all  valid  general  laws  and 
ordinances  of  the  city  of  Chicago  relating  thereto  now  in  force  or  which 
may  hereafter  be  passed. 

T 12.  Stations,  platforms,  etc.]  § 12.  Said  Chicago  Elevated 
Terminal  Railway  Company  may,  for  the  purpose  of  ingress  and  egress 
to  and  from  its  passenger  station,  if  located  at  Twelfth  street,  remove  so 
much  of  the  guard  rail  now  on  the  Twelfth  street  viaduct  as  may  be 


852  RAILWAYS ELEVATED.  [§  390 

necessary  for  such  purpose,  under  the  direction  and  supervision  of  the 
commissioner  of  public  works. 

That  permission  and  authority  are  hereby  also  granted  to  said  com- 
pany to  construct  neat  and  commodious  passenger  stations  of  easy  and 
convenient  access,  which  stations,  and  the  architectural  details  and  gen- 
eral designs  thereof,  shall  be  of  recognized  excellence  and  approved  by 
the  commissioner  of  public  works,  shall  be  erected  and  maintained 
along  the  line  at  convenient  and  appropriate  distances  apart,  generally 
about  half  a mile,  and  all  such  station  buildings  and  appurtenances, 
shall  be  comfortably  heated  during  the  winter  months  and  be  appropri- 
ately lighted  with  gas,  electricity  or  otherwise,  and  thoroughly  venti- 
lated at  all  seasons;  and  the  system  of  illumination  and  the  sanitary  fix- 
tures, and  the  appliances  adopted  and  used,  shall  be  such  as  are  recog- 
nized as  of  the  best  for  the  purposes  to  which  they  are  applied.  The 
platforms  of  all  of  said  passenger  stations  shall  be  free  from  obstruc- 
tions or  projections  of  any  kind;  and  all  of  such  platforms,  and  the  line 
of  stairs  leading  to  and  from  the  same,  shall  be  equally  protected  by 
strong  wrought  iron  or  steel  rails  not  less  than  three  and  one-half  feet 
high.  The  permission  and  authority  to  locate,  construct  and  maintain 
all  such  recognized  platforms,  landings  and  lines  of  stairs,  leading  to 
and  from  the  sidewalks  of  the  street  and  the  said  elevated  stations,  being 
hereby  expressly  granted  said  company,  whenever  and  wherever  such 
method's  of  reaching  the  stations  may  be  found  necessary.  Nothing 
herein  contained,  however,  shall  prohibit  said  company  from  locating 
and  maintaining  its  stations  in  buildings  which  it  may  purchase,  lease 
or  erect  on  ground  purchased  or  acquired  by  condemnation,  lease  or 
otherwise,  along  its  elevated  lines,  and  where  it  may,  for  the  conve- 
nience and  comfort  of  its  patrons,  place  its  ticket  offices,  waiting  rooms, 
sanitary  accommodations,  stairways,  elevators  and  all  requisite  methods 
of  ingress  or  egress,  and  the  right  to  construct  and  maintain  passage- 
ways or  connections  between  the  exterior  platforms,  is  hereby  granted 
to  said  company;  Provided,  nothing  herein  contained  shall  be  con- 
strued as  authorizing  said  railway  company  to  encroach  upon,  occupy 
or  obstruct  any  street  or  alley  or  sidewalk  with  such  stations,  or  with 
the  stairways  or  other  parts  thereof. 

1*  13.  Telegraph  line— use  of  structure  by  city.]  § 13.  The 

said  company  shall  have  the  right  to  construct  and  maintain  telegraph, 
telephone  and  signal  devices,  for  the  sole  use  of  said  company  and  its 
lessees,  successors  or  assigns,  along  and  upon  the  said  right  of  way; 
provided,  that  the  city  of  Chicago  shall  have  the  right  to  use  the  ele- 
vated structure  for  the  purpose  of  placing  therein  its  police,  fire  alarm, 
electric  light  and  telephone  wires,  without  charge  to  the  city,  in  such 
manner  as  not  to  interfere  with  the  operation  of  said  railway  company 
in  the  use  of  its  said  tracks  and  structure  and  the  maintenance  and 
repair  thereof. 

f 14.  Conditions  — time  for  completion.]  § 14.  The  privi- 


853 


§ 39°]  CHICAGO  ELEVATED  TERMINAL  RAILWAY  COMPANY. 

leges  and  authority  hereby  granted  are  granted  upon  the  further  ex- 
press condition  that  two  miles  of  tracks  authorized  by  this  ordinance 
shall  be  laid  down  and  constructed  within  three  years  from  the  passage 
of  this  ordinance,  and  if  not  so  constructed  and  in  operation  all  the 
rights  and  privileges  granted  by  this  ordinance  to  such  company  shall 
cease  and  be  null  and  void  (as  to  the  uncompleted  portion  thereof,  at 
the  election  of  the  city  council) ; provided,  that  the  time  . during 
which  anv  legal  proceedings  shall  be  pending,  whereby  the  said  com- 
pany shall  be  prevented  from  or  delayed  in  constructing  its  railroad 
or  in  any  part  thereof,  shall  not  be  taken  or  deemed  to  be  any  part 
of  the  said  three  years,  and  provided,  that  the  city  law  department  oj 
the  city  of  Chicago  may  intervene  in  any  suit  and  move  for  its  dismissal 
in  case  such  suit  shall  be  thought  to  be  collusive  or  for  the  purpose 
of  delay  or  extension  of  such  time. 

1 15.  Indemnity  clause.]  § 15.  The  permission  and  authority 
hereby  granted  are  upon  the  further  express  condition  that  the  said 
railway  company,  its  successors,  lessees  and  assigns,  shall,  and  said 
railroad  company  by  the  acceptance  of  this  ordinance  agrees  for  itself, 
its  successors,  lessees  and  assigns,  that  it  and  they  will  forever  indem- 
nify and  save  harmless  the  city  of  Chicago  against  and  from  any  and 
all  damages,  judgment,  decrees,  costs  and  expenses  of  the  same,  which 
it  may  suffer,  or  which  may  be  recovered  or  obtained  against  said  city, 
for  or  bv  reason  of  the  granting  of  such  privileges  and  authority,  or 
for  or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  from 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

16.  Indemnity  bond — conditions.]  § 16.  Before  exercising 
any  of  the  rights  hereby  granted  the  Chicago  Elevated  Terminal  Rail- 
way Company  shall  execute  to  the  city  of  Chicago  a bond  in  the  penal 
sum  of  two  hundred  thousand  dollars  ($200,000),  to  be  approved  by  the 
mayor  and  comptroller,  conditioned  that  the  said  company  shall  and 
will  observe  and'  perform  all  of  the  provisions  of  this  ordinance,  and 
shall  and  will  forever  indemnify  the  city  of  Chicago  against  and  from 
any  and  all  damages,  judgments  and  decrees  and  costs,  and  expenses  of 
the  same,  which  said  city  may  suffer,  or  which  may  be  recovered  or 
obtained  against  said  city,  for  or  by  reason  of,  or  growing  out  of,  Or 
resulting  from,  the  passage  of  this  ordinance,  and  from  any  act  or  acts 
of  the  said  company,  under  or  by  virtue  of  the  privileges  of  this  ordi- 
nance. But  the  giving  of  such  bond,  or  the  amount  thereof,  shall  not 
be  taken  in  any  way  to  limit  the  liability  of  said  company,  its  succes- 
sors, lessees  and  assigns,  under  section  15  or  other  provisions  of  this 
ordinance.  The  permission  and  authority  by  this  ordinance  given  and 
granted  are  so  given  and  granted  upon  the  further  express  condition 
that  before  exercising  any  of  the  rights  hereby  granted  and  within 
ninety  (90)  days  from  the  passage  of  this  ordinance,  the  Chicago  Ele- 


854 


RAILWAYS ELEVATED. 


vated  Terminal  Railway  Company  aforesaid  shall  deposit  with  the  city 
treasurer  of  the  city  of  Chicago,  the  sum  of  one  hundred  thousand  dol- 
lars ($100,000),  as  further  security  for  the  faithful  observance  and  per- 
formance, by  said  company,  of  provisions  and  conditions  of  this  ordi- 
nance on  its  part  to  be  observed  and  performed;  provided,  however, 
that  said  sum  of  one  hundred  thousand  dollars  ($100,000)  shall  be  re- 
turned and  repaid  to  said  company  immediately  upon  the  completion 
by  it  of  two  miles  of  its  tracks  herein  authorized,  if  so  completed  within 
the  period  of  three  years  from  and  after  the  passage  of  this  ordinance, 
and  if  said  company  shall  not  complete  said  two  miles  of  tracks  within 
said  three  years,  then  said  sum  of  one  hundred  thousand  dollars  ($100,- 
000)  shall  belong  to  and  be  retained  by  said  city  of  Chicago,  as  a con- 
sideration in  part  for  the  permission  and  authority  hereby  given;  and, 
in  accepting  said  ordinance, -said  company  shall  thereby  specifically 
agree  hereto.  And  further  provided,  that  upon  the  recovery  of  any 
final  judgment  or  judgments  against  said  city  as  aforesaid,  the  said 
company  shall  immediately,  and  without  prior  payment  of  such  judg- 
ment or  judgments  by  said  city,  be  liable  to  pay,  and  shall  pay,  the 
amount  or  amounts  thereof  to  the  said  city,  and  the  fact  that  said  city 
may  not  have  paid  such  judgment  or  judgments  shall  constitute  no 
defense  on  the  part  of  said  company,  but  in  any  such  suit  the  said 
company  shall  have  the  right  to  intervene  and  defend  the  same  in  the 
name  of  the  city. 

1 17.  In  effect— acceptance— bond.]  § 17.  This  ordinance 

shall  not  take  effect  until  accepted  by  the  Chicago  Elevated  Terminal 
Railway  Company  and  until  said  company  shall  file  the  bond,  as  pro- 
vided by  section  16  hereof,  said  acceptance  to  be  filed  within  thirty  (30) 
days  from  the  passage  of  this  ordinance,  and  said  bond  and  deposit  to 
be  filed  within  ninety  (90)  days  from  the  passage  hereof;  and  unless 
said  acceptance  and  bond  are  filed  within  the  time  required  then  this 
ordinance  shall  be  null  and  void. 


CONSOLIDATED  RAPID  TRANSIT  & ELEVATED  RAIL- 
ROAD COMPANY. 

§ 391.  Consolidated  Rapid  Transit  & Elevated  Railroad  com- 
pany. 

T 1.  Preamble. 

If  2.  Grant — route. 

it  3.  Conditions  of  grant— specifications. 

4.  Conditions — user — trains, 
it  5.  Conditions — rate  of  fare. 

If  6.  Conditions — telegraph  wires,  etc 
If  7-  Time  limit. 

If  8.  Acceptance — bond. 


§ 391]  CONSOLIDATED  RAPID  TRANSIT  & ELEVATED  RAILROAD  CO.  855 

An  ordinance  authorizing  the  Consolidated  Rapid  Transit  & Elevated  Railroad 
company  to  construct,  maintain  and  operate  an  elevated  railroad  in  Hyde 
Park.  (Passed  and  approved  November  17,  1887.  Bond  filed  November 
18,  1887.  Accepted  November  21,  1887.) 

1.  Preamble.]  Whereas,  the  owners  of  the  lands  representing 
more  than  one-half  of  the  frontage  of  such  parts  of  each  of  the  streets, 
avenues,  alleys  and  public  places  as  are  sought  to  be  used  by  “The 
Consolidated' Rapid  Transit"  and  Elevated  Railroad  Company  of  Chi- 
cago,” for  an  elevated  railroad  ever,  through  and  along  the  various 
streets,  alleys,  avenues  and  public  places  hereinafter  specifically  named, 
have,  as  required  by  law,  duly  petitioned  the  president  and  board  of 
trustees  of  the  village  of  Hyde  Park  to  grant  unto  the  said  “The  Con- 
solidated Rapid  Transit  and  Elevated  Railroad  Company  of  Chicago,” 
the  right  to  use  as  much  of  said  streets,  alleys,  avenues  and  public 
places  as  are  necessary  to  construct,  maintain  and  operate  said  elevated 
railroad  thereon  and  thereover.  Now,  therefore,  in  compliance  with 
said  petition,  and  under  and  by  virtue  of  the  powers  duly  vested  in  said 
board  of  trustees  by  law: 

U 2.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § i.  That  “The  Consolidated 
Rapid  Transit  and  Elevated  Railroad  Company  of  Chicago,”  a corpora- 
tion duly  organized  under  and  in  accordance  with  the  laws  of  the  state 
of  Illinois,  its  successors  and  assigns,  be  and  they  are  hereby  licensed, 
permitted,  authorized  and  fully  empowered  to  locate,  construct  and  to 
forever  maintain  and  operate  with  steam  power,  a double  track  elevated 
railroad,  together  with  sidings,  switches,  cross-overs,  turn-outs,  loop 
lines,  branches  and  connections  as  may  be  necessary  to  the  safe,  suc- 
cessful and  proper  operation  thereof,  over,  along,  through  and  across 
the  streets,  alleys,  avenues,  public  places  and  lands  in  the  village  and 
town  of  Hyde  Park  hereinafter  specifically  mentioned  and  defined,  and 
beginning,  continuing  and  terminating  as  follows,  viz: 

Commencing  at  a point  on  Forty-third  street  where  said  street 
intersects  or  forms  a junction  with  State  street,  and  from  the  center 
line  of  said  State  street;  thence  east  from  said  point  of  intersection  and 
from  said  center  line  of  said  State  street  over,  through  and  along  the 
roadway  of  said  Forty-third  street  and  over  and  across  all  intersecting 
streets,  railroads,  avenues,  alleys,  lands  and  places  to  the  east  line  of 
the  alley  which  is  situated  between  Prairie  and  Calumet  avenues; 
thence  south  from  the  north  line  of  said  Forty-third  street,  and  from 
the  said  point  of  intersection  over,  through  and  along  said  alley,  and 
over  and  across  all  intersecting  streets,  railroads,  avenues,  alleys,  lands 
and  places  in  the  line  and  direction  of  said  alley  to  the  south  line  of 
Sixty-third  street;  thence  east  from  the  west  line  of  said  alley  over, 
through  and  along  the  roadway  of  said  Sixty-third  street,  and  over 
and  across  all  intersecting  streets,  railroads,  avenues,  alleys,  lands  and 
places  to  the  east  line  of  Charles  avenue,  or  as  it  is  sometimes  called, 
St.  Lawrence  avenue  or  Foster  street;  thence  south  from  the  intersec- 


856 


RAILWAYS  —ELEVATED. 


[§  391 


tiorx  or  junction  of  Sixty-third  street  with  Charles  avenue,  and  from  the 
north  line  of  Sixty-third  street  over,  through  and  along  the  roadway 
of  Charles  avenue,  or  St.  Lawrence  avenue,  or  Foster  street,  and  like- 
wise over  and  across  all  intersecting  streets,  railroads,  avenues,  alleys, 
lands  and  places  in  the  line  and  direction  of  said  Charles  avenue  or 
St.  Lawrence  avenue  or  Foster  street  to  the  south  line  of  Eighty-third 
street;  thence  west  from  the  intersection  or  junction  of  Charles  avenue, 
or  St.  Lawrence  avenue,  or  Foster  street,  with  Eighty-third  street, 
and  from  the  east  line  of  said  Charles  avenue,  or  St.  Lawrence  avenue, 
or  Foster  street,  over,  through  and  along  the  roadway  of  Eighty-third 
street,  and  likewise  over  and  across  all  intersecting  streets,  railroads, 
avenues,  alleys,  lands  and  places  in  the  line  and  direction  of  said 
Eighty-third  street  to  the  center  line  of  State  street;  thence  south  from 
the  intersection  or  junction  of  Eighty-third  street  with  State  street,  and 
from  the  north  line  of  Eighty-third  street  over,  through  and  along  the 
roadway  of  said  State  street,  and  likewise  over  and  across  all  intersect- 
ing streets,  railroads,  avenues,  alleys,  lands  and  places  in  the  line  and 
direction  of  said  State  street  to  the  south  line  of  One  Hundred  and 
Twenty-fifth  street,  the  terminus  of  the  foregoing  described  line  or 
location. 

And,  again,  from  the  intersection  or  junction  of  Charles  avenue, 
or  St.  Lawrence  avenue,  or  Foster  street,  with  Eighty-third  street,  and 
from  the  north  line  of  said  Eighty-third  street  thence  south  over, 
through  and  along  the  roadway  of  Charles  avenue,  or  St.  Lawrence 
avenue,  or  Foster  street,  and  likewise  over  and  across  all  intersecting 
streets,  railroads,  avenues,  alleys,  lands  and  places  in  the  line  and 
direction  of  said  Charles  avenue,  or  St.  Lawrence  avenue,  or  Foster 
street,  to  the  south  line  of  Eighty-seventh  street;  thence  east  from  the 
intersection  or  junction  of  Charles  avenue,  or  St.  Lawrence  avenue,  or 
Foster  street,  with  Eighty-seventh  street,  and  from  the  west  line  of 
said  Charles  avenue,  or  St.  Lawrence  avenue,  or  F'oster  street,  over, 
through  and  along  the  roadway  of  Eighty-seventh  street,  and  likewise 
over  and  across  all  intersecting  streets,  railroads,  avenues,  alleys,  lands 
and  places  in  the  line  and  direction  of  said  Eighty-seventh  street,  to  the 
east  line  of  Commercial  avenue. 

1 3.  Conditions  of  grant— specifications.]  § 2.  The  author- 

ity hereby  given,  and  the  rights,  powers  and  privileges  hereby  granted, 
are  upon  the  express  condition  that  the  entire  design  or  plan  of  the 
said  railroad  shall  be  that  of  an  elevated  structure,  composed  of  a series 
of  wrought  iron  or  of  steel  columns,  fixed  in  iron  socket  bases  resting 
on  and  securely  fastened  or  bolted  to  foundations  composed  of  concrete 
or  of  stone  and  brick  masonry,  constructed  entirely  beneath  the  surface 
of  the  roadways  and  sidewalks  and  otherwise  located  and  erected  in 
the  curb  line  of  the  streets  and  avenues,  and  in  or  within  the  side  lines 
of  the  alleys,  by  which  method  of  construction  the# roadways  of  the 
alleys  and  both  sidewalks  and  the  roadways  of  the  streets  and  avenues 
shall  be  left  practically  free  and  unobstructed  for  public  use. 


§ 391]  CONSOLIDATED  RAPID  TRANSIT  & ELEVATED  RAILROAD  CO.  857 

Transversely,  these  said  columns  so  located  and  erected  as  afore- 
said shall  be  connected  by  and  shall  carry  cross  girders  spanning  the 
roadways  from  curb  to  curb,  to  which  said  cross  girders  shall  be  affixed 
the  longitudinal  girders  or  track  stringers.  The  clear  head  room  be- 
tween the  lower  chords  of  all  said  girders  and  the  finished  or  paved 
surface  of  the  roadways  beneath,  shall  at  no  point  be  less  than  sixteen 
(16)  feet  above  grade,  established  by  the  village  authorities,  which 
grade  shall  be  given  upon  request,  without  unreasonable  delay,  and 
whenever  said  elevated  structure  passes  over  the  right  of  way  and  the 
tracks  of  existing  surface  steam  railroads,  the  clear  head  room  between 
the  lower  chords  of  all  said  girders  and  the  surface  of  the  rails  in  all 
of  said  railroads,  and  from  out  to  out  of  their  said  right  of  way,  shall 
not  be  less  than  twenty  (20)  feet. 

No  columns  shall  be  located  and  erected  in  the  roadways  of  inter- 
secting streets,  avenues  or  alleys,  and  the  widths  of  all  stairways  lead- 
ing up  to  passenger  stations  shall  not  exceed  a length  of  five  feet  on 
the  sidewalks,  measured  from  the  curb  lines  at  a right  angle  thereto. 
The  entire  structure  shall  be  designed,  fabricated  and  constructed  in 
an  absolutely  safe  and  reliable  manner  and  both  materials  and  work- 
manship shall  be  standard  of  their  class  and  kind,  and  all  parts  of  the 
structure  shall  be  proportioned  to  carry, with  absolute  safety,  a dynamic 
load  equal  to  three  thousand  (3,000)  pounds  per  lineal  foot  of  each 
track,  exclusive  of  the  static  weight  of  the  structure  itself.  The  tracks 
shall  be  located  over  the  roadways — never  over  the  curb  lines — the 
center  line  of  each  track  being  fixed  about  six  (6)  feet  on  each  side 
of  the  center  line  of  the  said  elevated  structures. 

Passenger  stations,  of  easy  and  convenient  access,  shall  be  erected 
and  maintained  along  the  line  at  convenient  and  practical  distances 
apart,  generally  about  half  a mile,  with  the  exception  of  that  part  of 
the  line  situated  north  of  Sixty-third  street,  whereon  the  passenger 
stations  shall  be  located,  constructed  and  maintained  at  distances  never 
exceeding  one-half  of  one  mile  apart,  and  all  such  station  buildings, 
and  likewise  all  passenger  cars,  when  in  use,  shall  be  comfortably 
heated  during  the  winter  months,  or  whenever  necessary  at  any  season, 
and  they  shall  also  be  properly  lighted  with  gas  or  electricity  and  thor- 
oughly ventilated  at  all  seasons,  the  sanitary  fixtures  and  appliances 
used  being  exclusively  such  as  are  recognized  as  the  best  for  the  pur- 
pose to  which  they  are  applied.  The  motive  jpower  shall  be  fully 
equipped  with  all  modern  devices  calculated  to  render  it  practically 
noiseless  and  smokeless,  and  to  prevent  the  discharge  of  cinders  and 
sparks;  and  suitable  and  practical  devices  shall  likewise  be  placed  be- 
neath all  station  buildings  and  platforms  and  at  all  street  crossings 
to  intercept  and  carry  off  storm  water  and  drippings  from  melting 
snow  or  other  devices,  and  similar  devices  shall  also  be  applied  to 
both  motive  power  and  rolling  stock,  to  intercept  and  hold  all  cinders, 
ashes,  oil  or  anything  else  that  may  drop  from  passing  trains  to  the 
surface  of  the  streets  beneath  the  structure. 


858 


RAILWAYS ELEVATED. 


[§  391 


1 4.  Conditions — user — trains.]  § 3.  The  rights,  powers  and 
privileges  hereby  granted  are  upon  the  further  express  condition  that 
said  elevated  railroad  shall  be  exclusively  used  for  the  transportation 
of  passengers  only;  and  that  within  a period  of  six  months  following  the 
opening  of  that  portion  of  its  line  north  of  Eighty-third  street,  it 
shall  cause  its  trains  to  be  regularly  and  systematically  operated  at  in- 
tervals not  exceeding  fifteen  minutes  apart  between  the  hours  of  six 
and  nine  o’clock  a.  m.  and  four  and  seven  o’clock  p.  m.,  and  during 
the  remaining  hours  at  intervals  not  exceeding  thirty  minutes  apart, 
and  the  number  of  all  such  trains  and  the  frequency  with  which  they 
are  operated  shall  be  increased  as  rapidly  as  the  demands  of  the  public 
and  the  increase  of  traffic  shall  warrant. 

5.  Conditions — rate  of  fare.]  § 4.  The  rights,  powers  and 
privileges  hereby  granted  are  upon  the  further  express  condition  that 
the  rates  of  fare  to  be  charged  by  said  elevated  railroad  ■ from  its 
northern  terminus  in  the  city  of  Chicago,  to  all  points  on  its  said  line 
south  of  Thirty-ninth  street,  shall  not  exceed  the  present  rates  of  fare 
charged  at  this  time  by  existing  surface  steam  railroads  for  equal  dis- 
tances in  the  same  direction  from  their  present  northern  terminus  in 
said  city  of  Chicago. 

1 6.  Conditions— telegraph  wires,  etc.]  § 5.  The  rights, 
powers  and  privileges  hereby  granted  are  upon  the  further  express 
condition  that  wherever  the  erection,  maintenance  and  operation  of 
said  elevated  railroad  shall  require  the  movement  or  elevation  of  the 
wires  belonging  to  any  telegraph,  telephone,  railroad  or  electric  light- 
ing company,  or  the  fire  alarm  or  police  patrol  wires  belonging  to  the 
village  government,  all  such  changes  shall  be  made  and  all  work  inci- 
dental thereto  shall  be  executed  and  performed  at  the  sole  expense  of 
“The  Consolidated  Rapid  Transit  and  Elevated  Railroad  Company  of 
Chicago.” 

f 7.  Time  limit.]  § 6.  The  rights,  powers  and  privileges 
hereby  granted  are  upon  the  further  express  condition  that  the  elevated 
railroad  authorized  by  this  ordinance  *shall  be  constructed,  equipped 
and  operated  within  three  (3)  years  from  the  passage  thereof,  and  that 
if  not  so  constructed,  all  the  rights,  powers  and  privileges  therein 
granted  and  contained  shall  cease  and  be  null  and  void  and  of  no  effect. 
Provided,  however,  that  if  the  construction  of  said  elevated  railroad, 
its  appurtenances,  buildings,  passenger  stations  and  various  ap- 
proaches thereto,  shall  be  hindered  or  delayed  by  injunctions  or  other 
necessary  or  unavoidable  legal  proceedings,  either  as  to  the  lines  or 
locations  herein  specified,  or  as  to  the  extension  of  said  lines  of  ele- 
vated railroads  northward  to  the  terminus  in  the  city  of  Chicago,  the 
time  lost  or  absorbed  by  all  such  delays  shall  be  excluded  from  the  said 
period  of  three  years  fixed  herein,  and  the  same,  in  addition  to  the 
said  period  of  three  years  above  specified,  shall  be  allowed  for  con- 
struction of  said  lines  of  elevated  railroad  within  the  meaning  and  in- 


§ 392] 


EQUITABLE  TRANSPORTATION  COMPANY. 


859 


tent  of  this  said  ordinance.  But  the  village  of  Hyde  Park  shall  have 
the  right  to  intervene,  at  its  option,  in  any  such  legal  proceedings  in 
any  court  and  become  a party  thereto  and  move  for  the  dissolution  of 
any  injunction,  or  the  vacation  of  any  order  or  decree  therein. 

T 8.  Acceptance — bond.]  § 7.  The  rights,  powers  and  privi- 
leges hereby  granted  are  upon  the  further  express  condition  that  the 
said  “The  Consolidated  Rapid  Transit  and  Elevated  Railroad  Com- 
pany of  Chicago”  shall,  within  a period  of  thirty  (30)  days  following 
the  passage  of  this  ordinance,  hie  with  the  clerk  of  the  village  of  Hy  de 
Park  its  written  acceptance  of  the  same,  and  within  a period  of  sixty 
(60)  days  following  the  passage  of  this  said  ordinance  shall  also  file 
a bond  with  said  clerk,  with  security  to  be  approved  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park,  in  the  penal  sum  of 
one  hundred  thousand  (100,000)  dollars,  conditioned  that  it,  the  said 
railroad  company,  will  faithfully  observe  and  carry  out  all  the  pro- 
visions of  this  said  ordinance,  and  that  it  will  forever  indemnify  and 
save  harmless  the  said  village  of  Hyde  Park  against  and  from  any  and 
all  damages,  judgments,  decrees,  costs  and  expenses  which  it,  the  said 
village  of  Hyde  Park,  may  suffer  or  which  may  be  recovered  against 
it,  for  or  by  reason  of,  or  growing  out  of,  or  in  any  manner  resulting 
from,  the  passage  of  this  ordinance,  or  anything  connected  therewith, 
or  with  the  exercise  by  said  railroad  company  of  the  rights,  powers 
and  privileges  hereby  granted,  or  from  any  act  or  acts  of  the  said  rail- 
road company  under  or  by  virtue  of  the  provisions  hereof. 


EQUITABLE  TRANSPORTATION  COMPANY. 

§ 392.  Equitable  Transportation  company. 

*f[  1.  Grant — route. 

2.  Conditions  of  grant — specifications, 
if  3.  Conditions — user — rate  of  fare, 
if  4.  Telegraph  wires,  etc. — exemptions  from  fare, 
if  5.  Rights  reserved — viaducts, 
if  6.  Grant  subject  to  ordinances, 
if  7.  Time  limit, 
if  8.  Acceptance — bond. 

An  ordinance  authorizing  and  permitting  the  Equitable  Transportation  company 
to  construct,  maintain  and  operate  an  elevated  railway  in  the  town  of  Lake. 
(Passed  July  i,  1889.  Accepted  July  1,  1889.) 

1.  Grant — route.]  Be  it  ordained,  by  the  president  and  board 
of  trustees  of  the  town  of  Lake:  § 1.  That  permission  and  authority 

are  hereby  granted  to  the  Equitable  Transportation  Company,  a cor- 
poration duly  organized  and  existing  under  and  by  virtue  of  the  laws 


860 


RAILWAYS ELEVATED. 


[§  392 


of  the  state  of  Illinois,  its  successors  and  assigns,  to  locate,  construct, 
maintain  and  operate,  with  steam  or  other  propelling  power,  an  ele- 
vated railway  with  one  or  more  tracks,  together  with  all  necessary 
sidings,  switches,  cross-overs,  turn-outs,  loop-lines,  branches  and  con- 
nections, equipments  and  other  appurtenances  cf  a first-class  elevated 
railway,  together  with  such  telegraph,  telephone,  electric,  pneumatic 
and  other  devices  and  appliances  as  may  be  necessary  for  operating  its 
road  over,  along  through  and  across  the  streets,  alleys,  avenues,  pub- 
lic places  and  lands  in  the  town  of  Lake,  Cook  county,  Illinois,  herein- 
after specifically  mentioned  and  defined,  and  beginning,  continuing 
and  terminating  as  follows: 

Commencing  at  the  intersection  of  State  and  Thirty-ninth  streets, 
thence  west  on  Thirty-ninth  street,  over,  through  and  along  the  road- 
way of  said  Thirty-ninth  street,  and  over  and  across  all  intersecting 
streets,  avenues,  alleys,  railroads,  lands  and  public  places,  to  the  inter- 
section of  Thirty-ninth  and  Halsted  streets  ; thence  south  from  the  in- 
tersection of  Thirty-ninth  and  Halsted  streets  over,  through  and  along 
the  roadway  of  said  Halsted  street,  and  over  and  across  all  intersecting 
streets,  avenues,  alleys,  railroads,  lands  and  public  places  to  the  inter- 
section of  Halsted  street  and  Vincennes  or  Summit  avenue;  thence 
southwesterly  from  the  intersection  of  Halsted  street  and  Vincennes 
or  Summit  avenue  through  and  along  the  roadway  of  said  Vincennes 
or  Summit  avenue,  and  over  and  across  all  intersecting  streets,  avenues, 
alleys,  railroads,  lands  and  public  places  to  the  intersection  of  Vin- 
cennes or  Summit  avenue  and  Eighty-seventh  street;  thence  east  from 
the  intersection  of  Vincennes  or  Summit  avenue  and  Eighty-seventh 
street  over,  through  and  along  the  roadway  of  said  Eighty-seventh 
street,  and  over  and  across  all  intersecting  streets,  avenues,  alleys,  rail- 
roads, lands  and  public  places  to  the  intersection  of  Eighty-seventh  and 
State  street. 

Commencing  at  the  intersection  of  State  and  Thirty-ninth  streets, 
thence  south  on  State  street,  over  and  along  the  roadway  of  said  State 
street,  and  over  and  across  all  intersecting  streets,  avenues,  alleys, 
railroads,  lands  and  public  places  to  the  intersection  of  State  and 
Eighty-seventh  street. 

Commencing  at  the  intersection  of  State  street  and  Vincennes 
road,  thence  southwesterly  in  Vincennes  road  over,  through  and  along 
the  roadway  of  said  Vincennes  road,  and  over  and  across  all  intersect- 
ing streets,  avenues,  alleys,  railroads,  lands  and  public  places  to  the 
intersection  of  Vincennes  road  ana  Vincennes  or  Summit  avenue. 

Commencing  at  the  intersection  of  Forty-seventh  street  and  Cen- 
ter avenue,  thence  south  on  Center  avenue  over,  through  and  along 
the  roadway  of  said  Center  avenue,  and  over  and  across  all  intersecting 
avenues,  streets,  alleys,  railroads,  lands  and  public  places  to  the  inter- 
section of  Center  avenue  and  Eighty-seventh  street. 

Commencing  at  the  intersection  of  Thirty-ninth  street  and  Ash- 
land avenue,  thence  south  on  Ashland  avenue  over,  through  and  along 


§ 392] 


EQUITABLE  TRANSPORTATION  COMPANY. 


861 


the  roadway  o>f  said  Ashland  avenue,  and  over  and  across  all  intersect- 
ing avenues,  streets,  alleys,  railroads,  lands  and  public  places  to  the 
intersection  of  Ashland  avenue  and  Eighty-seventh  street. 

Commencing  at  the  intersection  of  Thirty-ninth  street  and  West- 
ern avenue,  thence  south  on  Western  avenue  over,  through  and  along 
the  roadway  of  said  Western  avenue,  and  over  and  across  all  intersect- 
ing avenues,  streets,  alleys,  railroads,  lands  and  public  places  to  the 
intersection  of  Western  avenue  and  Eighty-seventh  street. 

Commencing  at  the  intersection'  of  Thirty-ninth  and  Wallace 
streets,  thence  south  on  Wallace  street  over,  through  and  along  the 
roadway  of  said  Wallace  street,  and  over  and  across  all  intersecting 
avenues,  streets,  alleys,  railroads,  lands  and  public  places  to  the  inter- 
section of  Wallace  and  Forty-second  streets;  thence  west  from  the 
intersection  of  Wallace  and  Forty-second  streets  on  Forty-second 
street,  over,  through  and  along  the  roadway  of  said  Forty-second 
street,  and  over  and  across  all  intersecting  avenues,  streets,  alleys,  rail- 
roads, lands  and  public  places  to  the  intersection  of  Forty-second  and 
Halsted  streets. 

Commencing  at  the  intersection  of  State  and  Seventy-ninth  streets, 
thence  west  over,  through  and  along  the  roadway  of  said  Seventy-ninth 
street,  and  over  and  across  all  intersecting  avenues,  streets,  alleys,  rail- 
roads, lands  and  public  places  to  the  intersection  of  Seventy-ninth 
street  and  Johnson  avenue. 

Commencing  at  the  intersection  of  State  street  and  F.orty-third 
street,  thence  west  on  Forty-third  street  over,  through  and  along  the 
roadway  of  said  Forty-third  street,  and  across  all  intersecting  ave- 
nues,  streets,  alleys,  railroads,  lands  and  public  places  to  the  intersec- 
tion of  Forty-third  street  and  Halsted  street. 

Commencing  at  the  intersection  of  State  street  and  Sixty-ninth 
street,  thence  west  on  Sixty-ninth  street  over,  through  and  along  the 
roadway  of  said  Sixty-ninth  street,  and  across  all  intersecting  ave- 
nues, streets,  alleys,  railroads,  lands  and  public  places  to  the  inter- 
section of  Sixty-ninth  street  and  Johnson  avenue. 

Commencing  at  the  intersection  of  State  and  Forty-seventh 
streets,  thence  west  on  Forty-seventh  street  over,  through  and  along 
the  roadway  of  said  Forty-seventh  street,  and  over  and  across  all  inter- 
secting avenues,  streets,  alleys,  railroads,  lands  and  public  places  to 
the  intersection  of  Forty-seventh  street  and  Johnson  avenue. 

Commencing  at  the  intersection  of  Thirty-ninth  street  and  John- 
son avenue,  thence  south  on  Johnson  avenue  over,  through  and  along 
the  roadway  of  said  Johnson  avenue,  and  over  and  across  all  intersect- 
ing avenues,  streets,  alleys,  railroads,  lands  and  public  places  to  the 
intersection  of  Johnson  avenue  and  Eighty-seventh  street. 

Commencing  at  the  intersection  of  Ashland  avenue  and  Thirty- 
ninth  street,  thence  west  on  Thirty-ninth  street  over,  through  and 
along  the  roadway  of  said  Thirty-ninth  street,  and  over  and  across  all 


862  RAILWAYS ELEVATED.  [§  392 

intersecting  avenues,  streets,  alleys,  railroads,  lands  and  public  places 
to  the  intersection  of  Thirty-ninth  street  and  Johnson  avenue. 

^ 2.  Conditions  of  grant — specifications.]  § 2.  The  authority 
hereby  given  and  the  rights,  powers  and  privileges  hereby  granted  are 
upon  the  express  condition  that  the  entire  design  or  plan  of  said  rail- 
road shall  be  that  of  an  elevated  structure,  composed  of  a series  of 
wrought  iron  or  steel  columns  fixed  in  iron  socket  bases,  resting  on 
and  securely  fastened  or  bolted  to  foundations  composed  of  concrete 
or  stone  and  brick  masonry,  constructed  entirely  beneath  the  surface 
of  the  roadways  and  sidewalks,  and  otherwise  located  and  erected  in 
the  curb  line  of  the  streets  and  avenues,  and  in  or  within  the  side  lines 
of  the  alleys,  by  which  method  of  construction  the  roadways  of  the 
alleys,  and  both  sidewalks  and  roadways  of  the  streets  and  avenues, 
shall  be  left  practically  free  and  unobstructed  for  public  use.  Trans- 
versely, these  columns  so  located  and  erected  as  aforesaid,  shall  be 
connected  by  and  shall  carry  cross  girders  spanning  the  roadways  from 
curb  to  curb,  to  which  said  cross  girders  shall  be  affixed  longitudinal 
girders  or  track  stringers.  The  clear  head  room  between  the  lower 
chords  of  all  said  girders  and  the  street  grade  beneath,  established  by 
the  town  authorities,  shall  at  no  point  be  less  than  sixteen  feet,  which 
grade  shall  be  furnished  upon  request  and  without  unnecessary  delay. 
Provided,  however,  that  said  company  shall  have  the  privilege,  author- 
ity and  power  to  construct  and  operate  over  and  upon  all  the  streets, 
and  alleys  aforesaid,  what  is  known  as  the  single  post  and  track  system, 
that  is  to  say,  a track  on  each  side  of  such  streets,  avenues  and  alleys, 
or  within  the  limits  thereof,  without  cross  girders,  the  same  below 
ground,  as  to  foundations,  to  be  constructed  as  hereinbefore  provided. 
And  wherever  said  elevated  structure  passes  over  the  right  of  way  and 
the  tracks  of  existing  steam  surface  railways,  the  clear  head  room  be- 
tween the  lower  chords  of  all  said  girders  and  the  surface  of  the  rails 
in  all  said  railroads,  and  from  out  to  out  of  their  said  right  of  way  or 
tracks,  shall  not  be  less  than  twenty  feet,  whichever  system  shall  be 
adopted.  No  column  shall  be  located  and  erected  in  the  roadways  of 
intersecting  streets,  avenues  or  alleys,  and  the  width  of  all  stairways 
leading  up  to  passenger  stations  shall  not  exceed  a length  of  five  (5) 
feet  on  the  sidewalk,  measured  from  the  curb  line,  and  at  a right  angle 
thereto.  The  entire  structure  shall  be  designed,  fabricated  and  con- 
structed in  an  absolutely  safe  and  reliable  manner,  and  both  materials 
and  workmanship  shall  be  standard  of  their  class  and  kind,  and  all 
parts  of  the  structure  shall  be  proportioned  to  carry,  with  absolute 
safety,  a dynamic  load  equal  to  three  thousand  (3,000)  pounds  per  lineal 
foot  of  each  track,  exclusive  of  the  static  weight  of  the  structure  itself. 
The  tracks  shall  be  located  over  the  roadways' — never  over  the  curb 
lines,  excepting  on  curves — the  center  line  of  each  track  being  fixed 
about  six  feet  on  each  side  of  the  center  line  of  the  elevated  structure. 
Neat  and  commodious  passenger  stations  of  easy  and  convenient  ac- 
cess, and  whose  architectural  details  and  general  design  shall  be  of 


392] 


EQUITABLE  TRANSPORTATION  COMPANY. 


863 


recognized  excellence,  shall  be  erected  and  maintained  along  the  line 
at  convenient  and  appropriate  distances  apart,  generally  about  half  a 
mile,  and  at  all  such  station  buildings  and  appurtenances,  and  like- 
wise all  passenger  cars,  when  the  latter  are  in  use,  shall  be  comfortably 
heated  during  the  winter  months,  or  whenever  necessary  at  any  season; 
and  they  shall  be  properly  lighted  with  gas,  electricity  or  otherwise, 
and  thoroughly  ventilated  at  all  seasons;  and  the  system  of  illumina- 
tion, and  the  sanitary  fixtures  and  appliances  adopted  and  used,  shall 
be  such  as  are  recognized  as  of  the  best  for  the  purpose  to  which  they 
are  applied.  The  platforms  of  all  passenger  stations  shall  be  free  from 
obstructions  and  projections  of  any  kind;  and  all  of  said  platforms 
and  the  lines  of  stairs  leading  to  and  from  the  same  shall  be  securely 
protected  by  strong  wrought  iron  or  steel  railings  not  less  than  three 
and  one-half  feet  high.  The  permission  and  authority  to  locate,  con- 
struct and  maintain  all  such  requisite  platforms,  landings  and  lines  of 
stairs,  leading  to  and  from  the  sidewalks  of  the  streets  and  the  said 
elevated  stations,  being  herein  expressly  granted  to  said  company 
whenever  and  wherever  such  methods  of  reaching  said  stations  may 
be  found  necessary.  Nothing  herein  contained,  however,  shall  pro- 
hibit said  company  from  locating  and  maintaining  its  stations  in  build- 
ings which  it  may  purchase,  lease  or  erect  on  grounds  purchased,  ac- 
quired by  condemnation  or  lease  along  its  lines,  and  wherein  it  may, 
for  the  convenience  and  comfort  of  its  passengers,  place  its  ticket  offi- 
ces. waiting  rooms,  sanitary  accommodations,  stairways,  elevators  and 
all  requisite  methods  of  ingress  and  egress,  and  the  right  to  construct 
and  maintain  covered  passageways  for  connections  between  the  interior 
of  all  such  stations,  buildings  and  the  exterior  platform,  is  hereby  ex- 
pressly granted  to  said  company.  All  of  said  supporting  columns,  cross 
girders,  longitudinal  girders,  platform  connections  and  hand  railings, 
shall  be  thoroughly  and  neatly  painted  in  light-colored  tints,  and  tliis 
general  and  sightly  appearance  shall  be  maintained  at  all 
times.  The  motive  power  shall  be  fully  equipped  with  all  modern  de- 
vices best  calculated  to  prevent  noise,  or  the  discharge  of  dust,  ashes, 
sparks,  cinders  or  smoke  into  the  surrounding  atmosphere.  Neither 
wood  nor  bituminous  coal  shall  be  used  for  fuel  in  the  locomotives  of 
said  company.  Suitable  and  practicable  devices  shall  be  permanently 
placed  and  maintained  beneath  all  station  buildings  and  platforms,  and 
also  at  all  street  crossings,  arranged  to  intercept  and  promptly  carry 
off  storm  water  and  drippings  from  melting  snow,  or  from  any  other 
causes  whatsoever;  and  similar  devices  shall  also  be  applied  to  the 
motive  power  and  rolling  stock  to  intercept  and  hold  all  cinders,  ashes, 
oil  or  anything  else  that  may  drop  from  moving  trains  to  the  surface 
of  the  streets  beneath  the  structure. 

1 3*  Conditions— user— rate  of  fare.]  § 3.  The  rights  pow- 
ers and  privileges  hereby  granted  are  upon  the  further  express  condi- 
tion that  the  said  elevated  railroad  shall  be  exclusively  used  for  the 
transportation  of  passengers  and  mails  only.  Its  trains  shall  be  reo-u- 


864 


RAILWAYS ELEVATED. 


[§  392 


larly  and  systematically  operated  at  intervals  not  exceeding  fifteen  min- 
utes apart  between  the  hours  of  six  and  nine  o’clock  a.  m.,  and  four 
and  seven  o’clock  p.  m.,  and  during  the  remaining  hours  at  intervals 
not  exceeding  thirty  minutes  apart,  and  the  number  of  all  such  trains 
and  the  frequency  with  which  they  are  operated  shall  be  increased  as 
rapidly  as  the  demands  of  the  public  and  the  increase  of  traffic  shall 
warrant.  The  rates  of  fare  shall  not  exceed  ten  cents  for  each  adult 
passenger  for  any  continuous  single  trip  from  any  station  of  said  com- 
pany in  the  town  of  Lake  to  any  station  of  said  company  in  the  present 
city  limits  of  Chicago. 

T 4.  Telegraph  wires,  etc. — exemptions  from  fare.]  § 4.  The 

rights,  powers  and  privileges  hereby  granted  are  upon  the  further  ex- 
press condition  that  whenever  the  erection,  maintenance  and  operation 
of  said  elevated  railroad  shall  require  the  movement  or  elevation  of 
the  wires  belonging  to  any  telegraph,  telephone,  railroad  or  electric 
lighting  company,  or  the  fire  alarm  or  police  patrol  wires  belonging 
to  the  town  of  Lake,  all  such  changes  shall  be  made  and  all  work  inci- 
dental thereto  shall  be  executed  and  performed  at  the  sole  expense  of 
the  said  Equitable  Transportation  Company.  The  town  of  Lake  shall 
have  the  right  to  use  the  structure  or  track  authorized  by  this  ordi- 
nance for  placing  thereunder  its  police,  fire  alarm,  telephone  and  elec- 
tric wires,  and  for  so  doing  no  charge  shall  be  made  to  the  said  town 
of  Lake.  No  fare  shall  be  collected  from  any  police  officer  or  member 
of  the  fire  department  of  the  town  of  Lake,  wearing  his  uniform,  riding 
on  any  of  the  trains  of  said  company. 

If  5.  Rights  reserved— viaducts,]  § 5.  The  town  of  Lake  re- 
serves the  right,  whenever  it  may  deem  necessary,  to  erect  and  con- 
struct a viaduct  and  approaches  thereto  upon  any  street  over  which 
the  Equitable  Transportation  Company  may  cross,  without  incurring 
any  liability  on  the  part  of  said  town  to  said  company  for  any  damages 
whatsoever,  and  the  said  company  shall  immediately  and  with  reasona- 
ble dispatch  change  its  structure  over  any  street  where  such  viaduct  and 
approaches  are  ordered  to  be  constructed,  upon  notice  from  the  board 
of  trustees,  and  the  said  company  shall  rebuild  and  construct  said  rail- 
way in  such  manner  as  to  the  distances  and  heights  of  the  same  over 
said  viaduct,  not  exceeding  sixteen  feet,  as  may  be  required  by  an  ordi- 
nance of  said  town,  and  said  change  of  structure  shall  be  without  ex- 
pense to  the  said  town  and  at  the  expense  of  said  company.  If  the 
said  company,  after  being  notified  in  writing  to  change  its  structure 
where  any  viaduct  has  been  ordered  to  be  built  by  said  town  of  Lake, 
shall  fail  to  do  so  within  ninety  days  from  the  date  of  service  of  said 
notice,  then  the  said  town  of  Lake  may  remove  the  entire  roadway, 
structure,  tracks  and  railway  system  of  said  company  from  such  street, 
within  which  such  viaduct  is  to  be  erected,  and  shall  not  be  liable 
to  said  company  for  any  damage  of  any  kind  whatsoever  for  the  afore- 
said removal,  but  the  said  company  shall  pay  to  the  said  town  the 
entire  cost  and  expense  of  such  removal. 


§ 39^] 


EQUITABLE  TRANSPORTATION  COMPANY. 


865 


% 6.  Grant  subject  to  ordinances.]  § 6.  The  privileges  here- 
by granted  shall  be  enjoyed  subject  to  all  general  ordinances  that  now 
are  or  hereafter  may  be  in  force  applicable  to  elevated  railroads  in 
said  town  of  Lake. 

T 7.  Time  limited.]  § y.  The  foregoing  privileges  and  fran- 
chise is  granted  upon  the  further  express  condition  that  said  company, 
or  its  assigns,  shall,  within  three  years  from  the  passage  of  this  ordi- 
nance, construct,  equip  and  operate  so  much  of  said  road  as  shall  con- 
stitute a line  from  Thirty-ninth  and  State  streets  to  the  Union  Stock 
Yards,  and  also  from  said  Thirty-ninth  street  to  Eighty-seventh  street. 
Provided,  however,  that  if  the  construction  of  said  elevated  railroad, 
its  appurtenances,  buildings,  passenger  stations  and  various  approaches 
thereto,  shall  be  hindered  or  delayed  by  injunction  or  other  necessary 
or  unavoidable  legal  proceedings,  either  as  to  the  lines  or  locations 
herein  specified,  or  as  to  the  extension  of  said  lines  of  elevated  rail- 
road northward  to  the  terminus  in  the  city  of  Chicago,  the  time  lost 
or  absorbed  by  all  such  delays  shall  be  excluded  from  the  period  of 
three  years  fixed  herein,  and  the  same,  in  addition  to  the  period  of 
three  years  above  specified,  shall  be  allowed  for  the  construction  of 
said  lines  of  elevated  railroad  within  the  meaning  and  intent  of  this 
ordinance;  but  the  town  of  Lake  shall  have  the  right  to  intervene  at 
its  option  in  any  legal  proceedings  in  any  court,  and  become  a party 
thereto,  and  move  for  the  dissolution  of  any  injunction,  or  the  vaca- 
tion of  any  order  or  decree  therein. 

IT  8.  Acceptance — bond.]  § 8.  The  rights  and  privileges 

hereby  granted  are  upon  the  further  express  condition  that  the  said 
Equitable  Transportation  Company  shall  within  a period  of  sixty  days 
following  the  passage  of  this  ordinance  file  with  the  clerk  of  said  town 
of  Lake  its  written  acceptance  of  the  same,  and  upon  the  commence- 
ment of  the  construction  of  said  elevated  railroad,  file  with  said  clerk 
a bond  in  the  penal  sum  of  one  hundred  thousand  dollars,  to  be  ap- 
proved by  the  president  and  board  of  trustees,  conditioned,  fully  ob- 
serve and  carry  out  all  the  provisions  of  this  ordinance,  and  that  it  will 
forever  indemnify  and  save  harmless  the  said  town  of  Lake  against 
and  from  any  and  all  damages,  judgments,  decrees,  costs  and  expenses, 
which  it,  the  said  town  of  Lake,  may  suffer,  or  which  may  be  recov- 
ered against  it,  for  or  by  reason  of,  or  growing  out  of,  or  in  any  manner 
resulting  from  the  passage  of  this  ordinance,  or  anything  connected 
therewith,  or  with  the  exercise  by  said  railroad  company  of  the  rights, 
powers  and  privileges  hereby  granted,  or  from  any  act  or  acts  of  the 
said  railroad  company  under  or  by  virtue  of  the  provisions  hereof. 


55 


866 


RAILWAYS ELEVATED. 


[§  393 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 

§ 393.  Lake  Street  Elevated  Railway  company. 

1.  Grant — route. 

*[]  2.  Conditions  of  grant — specifications. 

TI  3.  Two  tracks — telegraph,  etc. — motive  power 
If  4.  Specifications — materials. 

5.  Specifications — Meigs’  system. 

IT  6*  Span  over  cross  streets, 
if  7.  Specifications — columns, 
it  8.  Column  fenders, 
it  9*  Columns — distance — location, 
it  10.  Girders — height — head-room. 

it  n.  Proportioned  to  resist  momentum — expense  of  supervision 

it  12.  Fares — commutation  tickets— police,  etc.,  free. 

if  13.  Landings — location — size — number,  etc. 

it  14.  Smoke,  noise,  etc. — drippings — fuel — wires. 

it  15.  Rights  reserved — speed — heating,  etc. 

if  16.  Limited  to  passenger  service  and  mail  service. 

if  17.  Rights  reserved — grades — pavements. 

it  18.  Rights  reserved — viaducts. 

it  19.  Indemnity  clause — penalty  for  violation. 

it  20.  Compensation — annual  license  fee. 

it  21.  Time  for  completion — cash  deposit. 

it  22.  Use  of  structure  by  city. 

it  23.  Bond — conditions.' 

it  24.  Term  of  grant — right  of  purchase. 

it  25.  Limitation  of  grant. 

it  26.  Suspension  of  work. 

it  27.  When  in  force. 

An  ordinance  authorizing  the  Lake  Street  Elevated  Railway  company  to  con- 
struct, maintain  and  operate  an  elevated  railroad  on  Lake  street  from  Canal 
street  to  the  city  limits.  (Passed  December  28,  1888.  Accepted  February 
25,  1889.) 

if  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  permission  and  authority  be,  and  the 

same  is  hereby,  given  to  the  Lake  Street  Elevated  Railway  Company, 
a corporation  organized  under  the  laws  of  the  state  of  Illinois,  to  con- 
struct, maintain  and  operate  an  elevated  railroad,  with  two  tracks, 
and  such  curves,  supports  and  columns,  girders,  telegraph,  telephone 
and  signal  devices,  for  the  sole  use  of  said  company,  as  may  be  neces- 
sary and  proper,  subject  to  the  terms  and  conditions  of  this  ordinance, 
along  and  upon  the  following  route,  in  the  city  of  Chicago,  county  of 
Cook  and  state  of  Illinois,  to  wit:  The  said  Lake  Street  Elevated  Rail- 
road Company  is  hereby  authorized  to  construct  and  operate,  by  steam 
power  or  electricity,  an  elevated  railway  on  and  along  Lake  street  in 
said  city  of  Chicago,  commencing  on  the  west  side  of  Canal  street  and 
running  thence  west  on  said  Lake  street  to  the  present  city  limits. 

1 2.  Conditions  of  grant— specifications.]  § 2.  The  permis- 
sion, authority  and  privileges  hereby  given  are  upon  the  express  con- 
dition that  the  elevated  structure,  which  shall  consist  of  cross  girders, 
suspended  or  upheld  upon  or  by  rows  of  iron  posts  or  iron  columns, 
located  upon  the  curb  line  on  each  side  of  said  Lake  street,  which  cross 


§ 393]  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  867 

girders  shall  support  the  two  tracks  along  and  over  the  center  line 
of  said  street,  and  that  all  switches,  sidings  or  turnouts  shall  be  located 
on  said  street:  Provided,  that  the  said  company  shall  have  the  privi- 
lege of  constructing  the  track  girders  of  its  structure  upon  pivots,  so 
that  in  the  event  of  an  emergency  it  may  connect  its  main  tracks,  upon 
permission  being  given  by  the  commissioner  of  public  works,  which 
permit  shall  definitely  state  the  time  during  which  said  pivotal  girder 
may  be  used.  The  said  railroad  company  shall  cross  at  an  elevation, 
as  hereinafter  specified,  any  and  all  intersecting  streets,  avenues,  alleys 
and  railroad  tracks,  upon  or  along  the  line  of  the  said  route  as  desig- 
nated in  the  first  section,  said  company  to  be  subject  at  all  times  to 
the  direction  of  the  department  of  public  works,  and  plans  and  speci- 
fications shall  be  submitted  to  and  filed  with  the  commissioner  of 
public  works,  who  shall  determine  whether  the  said  plans  and  speci- 
fications comply  with  the  provisions  of  this  ordinance,  and  the  said 
company  shall  not  commence  to  build  and  erect  said  elevated  railroad 
system  and  structure  until  said  plans  and  specifications  are  so  ap- 
proved by  the  commissioner  of  public  works.  The  construction  of 
said  elevated  railroad  shall  be  under  the  supervision  of  the  commis- 
sioner of  public  works  of  the  city  of  Chicago.  It  shall  be  his  duty 
to  examine  the  materials  used  and  the  work  done  on  said  elevated  road 
in  all  the  details.  If  the  materials  used  and  the  work  done  upon  said 
structure  do  not  comply  with  the  provisions  of  this  ordinance,  then 
the  said  commissioner  of  public  works  is  hereby  vested  with  the  au- 
thority to  summarily  stop  the  work  upon  said  elevated  railroad  until 
the  provisions  of  this  ordinance  are  fully  complied  with. 

1 3.  Two  tracks — telegraph,  etc. — motive  power.]  § 3.  The 

said  company  shall,  and  it  is  hereby  authorized  to,  construct,  maintain 
and  operate  two  elevated  railroad  tracks,  with  such  curves,  supports, 
columns,  girders,  telegraph,  telephone  and  signal  devices,  as  above 
specified  in  the  first  section,  as  may  be  necessary  or  proper  upon  said 
Lake  street,  and  across  the  streets  and  avenues  and  alleys  intersecting 
said  streets,  and  the  said  railroad  company  shall  use  and  operate  the 
railroad  tracks  hereby  authorized  to  be  constructed,  with  locomotive 
or  other  engines  or  motors  and  cars,  subject  to  all  ordinances  of  the 
city  of  Chicago  applicable  thereto. 

1 4.  Specifications— materials.]  § 4.  The  permission,  author- 
ity and  privileges  hereby  granted  are  upon  the  express  conditions  that 
the  entire  design  and  plan  of  the  said  railroad,  from  its  eastern  to  its 
western  terminus,  shall  be  that  of  an  elevated  structure,  and  all  ma- 
terial used  for  that  part  of  the  structure  above  the  ground  shall  be  of 
wrought  iron  or  steel,  and  except  the  rails,  which  shall  be  of  steel,  and 
except  the  longitudinal  stringers  supporting  the  rails,  which  shall  be 
of  the  best  quality  and  kind  of  selected  lumber.  All  station  platforms 
shall  be  protected  by  a substantial  railing.  All  material  used  in  the 
construction  of  the  entire  work  shall  be  of  the  best  quality  for  the 


868  RAILWAYS ELEVATED.  [§  393 

purposes  to  which  they  are  to  foe  applied,  and  the  work  shall  be  exe- 
cuted in  a workmanlike  manner. 

IT  5.  Specifications— Meigs’  system.]  § 5.  The  general  plan 
or  plans  of  the  structure  shall  be  of  an  elevated  railroad,  with  the  track 
and  longitudinal  girders  suspended  or  upheld  upon  cross  girders,  sup- 
ported by  rows  of  iron  posts  or  iron  columns,  set  upon  the  curb  line, 
according  to  the  plan  of  the  Meigs’  system  of  elevated  railway,  which 
consists  of  a compound  lattice  girder  four  feet  in  depth,  twenty-two 
and  one-half  (22^)  inches  wide  at  the  lower  chord,  and  seventeen  (17) 
inches  wide  at  the  top  of  the  upper  chord,  and  shall  be  made  entirely 
of  iron  or  steel,  excepting  the  longitudinal  stringers,  upon  which  the 
rails  are  placed.  Of  these  wooden  stringers  or  cushions  there  shall  be 
four;  two  (2)  on  the  upper  chord  upon  which  the  rails  for  the  driving 
wheels  are  placed  and  two  (2)  on  the  lower  chord  of  the  girder,  upon 
which  the  rails  for  sustaining  the  supporting  and  weight  bearing 
wheels  revolve.  The  posts  are  of  iron,  twelve  and  three-quarters  (12^) 
inches  by  eighteen  (18)  inches  and  twenty-six  (26)  feet  long.  Each  post 
shall  be  set  in  the  earth  down  six  (6)  feet  below  the  surface  of  the  street, 
on  a firm  foundation,  and  shall  be  solidly  and  firmly  encased  in  a con- 
crete filling,  rammed  solidly,  so  as  to  resist  all  lateral  movements  of 
any  kind.  The  truck  of  each  engine  or  motor  and  car  shall  be  con- 
structed with  a heavy  iron  frame,  and  placed  astride  the  upper  chord 
and  girder,  extending  down  on  each  side  four  feet.  The  top  of  the 
iron  truck  frame  being  one  and  one-half  (1^2)  inches  above  the  top 
of  the  upper  chord  of  the  longitudinal  girder,  and  all  to  be  so  con- 
structed as  to  make  derailment  impossible.  The  cross  girders  shall 
be  plate  girders  of  iron  or  steel,  and  in  cross  sections  not  less  than 
three  (3)  feet,  subject,  however,  to  the  approval  of  the  commissioner  of 
public  works. 

1 6.  Span  over  cross  streets.]  § 6.  When  the  width  of  any 
cross  street,  avenue  or  alley,  between  the  curbs  thereof,  is  sixty  (60) 
feet  or  less,  every  cross  street,  avenue  or  alley  shall  be  spanned  by  a 
single  span. 

1 7.  Specifications— columns.]  § 7.  The  longitudinal  diam- 

eter of  each  column  or  post  shall  not  exceed  eighteen  (18)  inches  at 
the  base,  nor  at  any  point  above  the  ground.  The  transverse  diameter 
of  a column  or  post,  when  placed  on  the  line  of  a curb,  shall  not  exceed 
twelve  and  three-quarters  (12%)  inches  at  the  base,  nor  at  any  point 
above  it. 

1"  8.  Column  fenders.]  § 8.  The  transverse  diameter  of  the 
columns  or  posts,  above  indicated,  does  not  include  fenders;  and  ade- 
quate fenders  shall  be  fitted  at  the  base  of  each  column  or  post  placed 
in  the  roadway  of  any  street  or  avenue  to  prevent  the  hubs  of  the 
wheels  of  passing  vehicles  from  striking  said  columns  or  posts. 

T 9.  Columns — distance — location.]  § 9.  The  longitudinal 

distance  between  columns  shall  not  be  less  than  thirty-three  (33)  feet, 


§ 393] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


869 


except  on  curves  and  as  provided  in  section  six  (6)  of  this  ordinance. 
At  curves  the  longitudinal  distance  between  columns  shall  be  deter- 
mined by  the  commissioner  of  public  works.  All  posts  shall  be  placed 
on  lot  lines,  where  practicable;  the  location  of  posts  to  be  determined 
by  the  commissioner  of  public  works. 

T 10.  Girders — height — head-room.]  § io.  No  part  of  the 

girders  of  the  superstructure  shall  be  less  than  fourteen  (14)  feet  above 
the  established  grades  of  streets  and  alleys  and  sidewalks,  and  when- 
ever said  elevated  structure  crosses  and  passes  over  the  right  of  way 
and  tracks  of  existing  surface  steam  railroads  the  clear  head  room  be- 
tween the  lower  chords  of  all  of  said  girders  and  the  surface  of  the  rails 
in  all  of  said  railroads,  and  from  out  to  out  of  their  said  right  of  way, 
shall  not  be  less  than  twenty  (20)  feet. 

The  permission  and  authority  hereby  granted  are  upon  the  further 
express  condition  that  nothing  herein  contained  shah  be  construed 
to  prevent  the  city  council  from  granting  to  any  other  elevated  railroad 
company  or  railroad  company  the  right  to  cross  the  line  hereby  au- 
thorized, at  an  elevation  above  the  tracks  of  this  company  so  great  that 
the  clear  head  room  between  the  lower  chord  of  the  girders  of  such 
elevated  structure  so  crossing,  and  the  surface  of  the  rails  of  the  struc- 
ture of  this  company  shall  be  at  least  fourteen  (14)  feet;  Provided,  that 
in  any  changes  hereafter  to  be  made  in  the  grade  of  said  streets,  or  the 
erection  of  viaducts  across  the  same,  said  other  railroad1  or  elevated 
railroad  company  or  companies  shall  be  obliged,  at  its  own  cost  and 
without  cost  to  this  company,  to  raise  its  elevated  structure  so  as  to  con- 
form to  the  height  above  the  tracks  of  this  company  in  this  section 
prescribed. 

U 11.  Proportioned  to  resist  momentum— expense  of  super- 
vision.] § 11.  The  different  parts  of  the  structure  and  the  connec- 
tions shall  be  properly  proportioned  to  resist  all  of  the  momentum 
of  the  train  which  can,  by  the  application  of  brakes  or  in  any  other 
manner,  be  imparted  to  the  structure.  During  the  construction  of  this 
road  said  company  shall  pay  to  the  city  the  sum  of  three  thousand 
dollars  per  annum  for  services  of  engineers  to  supervise  the  construc- 
tion of  said  road. 

If  12.  Fares — commutation  tickets — police,  etc.,  free.]  § 12. 

The  rates  and  fares  to  be  charged  and  collected  upon  trains  to  be  run 
upon  the  said  railroad  shall  not  exceed  five  cents  per  passenger  for 
any  continuous  trip  within  the  present  and  future  city  limits;  and  at 
the  expiration  of  two  years  after  the  final  completion  of  the  said  ele- 
vated railway,  as  hereby  authorized,  the  said  The  Lake  Street  Elevated 
Railway  Company,  shall  place  on  sale  at  all  stations  commutation  tick- 
ets, at  the  rate  of  twenty-five  tickets  for  one  (1)  dollar:  Provided,  no 
fare  shall  be  collected  of  any  police  officer,  wearing  his  uniform,  or 
member  of  the  fire  department,  wearing  his  uniform,  riding  on  any 
of  the  trains  of  said  company. 


870 


RAILWAYS ELEVATED. 


[§  393 


If  13.  Landings— location— size— number,  etc.]  § 13.  The 

said  company  shall  have  permission  and  authority  to  construct  neces- 
sary platforms  and  landing  places  from  the  line  of  their  elevated  rail- 
way system  across  the  roadway  and  sidewalk  to  the  passenger  sta- 
tions, which  said  passenger  stations  shall  be  located  within  the  building 
line  of  said  street  and  upon  property  purchased  or  controlled  by  said 
company.  All  landing  places  located  in  the  streets  of  the  city,  along 
the  line  of  the  tracks  of  the  said  company,  shall  not  exceed  one  hun- 
dred feet  in  length  and  six  feet  in  width:  and  it  is  expressly  agreed 
and  provided  that,  in  the  location  of  stations  along  its  line,  the  said 
company  shall  locate  not  less  than  four  stations  in  each  mile,  save  and 
except  where  parks  intervene.  Said  platforms  and  landing  places  shall 
have  a clear  head  room  of  eighteen  (18)  feet  above  the  surface  of  the 
sidewalk,  and  no  stairs,  stairway,  elevator,  landing  place  or  other  con- 
struction or  appliance,  shall  be  located  within  the  sidewalk  space  or  in 
any  portion  of  said  Lake  street.  Before  the  construction  of  any  such 
platform  or  landing  places,  as  aforesaid,  plans  thereof  shall  first  be 
submitted  to  the  commissioner  of  public  works  for  his  approval,  and 
none  of  the  matters  authorized  by  this  section  shall  be  constructed 
without  the  written  approval  of  plans  to  be  submitted  to  and  filed 
with  the  commissioner  of  public  works. 

T 14.  Smoke,  noise,  etc.— drippings — fuel — wires.]  § 14. 

The  motive  power  shall  be  fully  equiped  with  all  modern  devices  cal- 
culated to  render  it  practically  noiseless  and  smokeless,  and  to  prevent 
the  discharge  of  cinders  and  sparks,  and  suitable  and  practical  devices 
shall  likewise  be  placed  beneath  all  stations,  buildings  and  platforms, 
and  at  all  street  crossings,  to  intercept  and  carry  off  storm  water  and 
drippings,  from  melting  snow  or  other  sources,  and  similar  devices 
shall  also  be  applied  to  both  motive  power  and  rolling  stock  to  inter- 
cept and  hold  all  cinders,  ashes,  oil  or  anything  that  may  drop  from 
passing  trains  to  the  surface  of  the  street  beneath  the  structure;  Pro- 
vided, that  no  wood  or  bituminous  coal  shall  be  used  in  the  engine  of 
any  locomotive  employed  in  conducting  trains  upon  such  elevated 
railroad;  and  provided  further,  that  if  said  company  shall  operate  its 
cars  by  electricity,  then  no  wires  shall  be  strung  overhead,  and  all 
wires  shall  be  confined  in  conduits,  located  along  the  girders  at  a dis- 
tance of  not  less  than  fourteen  (14)  feet  above  the  established  grade 
of  sidewalks,  streets  and  alleys. 

1 15.  Rights  reserved— speed — heating,  etc.]  § 15.  The 

privileges  hereby  given  are  subject  to  all  general  ordinances  of  the 
city  of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to 
elevated  railways,  and  the  city  of  Chicago  reserves  to  itself  the'  right 
of  regulating,  by  ordinance,  the  rate  of  speed  and  frequency  at  which 
the  said  trains  shall  run,  and  also  the  right  to  regulate  the  heating  of 
cars  and  depots  and  also  the  right  to  impose  such  regulations  as  the 
council  may  deem  necessary  for  the  protection,  convenience  and  safety 
of  the  public. 


§ 393] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


871 


1 16.  Limited  to  passenger  service  and  mail  service.]  § 16. 

The  rights  and  privileges  hereby  conferred  are  upon  the  further  ex- 
press condition  that  said  elevated  railroad  shall  be  exclusively  used 
for  the  transportation  of  passengers  and  mails. 

1 17.  Rights  reserved — grades — pavements.]  § 17.  The 

city  of  Chicago  reserves  the  right,  at  all  times  and  whenever  it  may 
deem  it  necessary,  to  change  the  grade  of  any  street  or  alley  over 
which  The  Lake  Street  Elevated  Railway  Company  may  pass,  without 
incurring  any  liability  on  the  part  of  the  city  to  said  company,  and, 
upon  notice  from  the  commissioner  of  public  works,  the  said  com- 
pany shall  immediately  change  its  structure,  over  any  street  where 
the  grade  has  been  changed,  to  conform  to  the  changed  grade,  in  such 
a manner  that  the  ^stances  and  heights  provided  in  this  ordinance 
shall  be  maintained,  and  such  change  of  structure  shall  be  without  ex- 
pense to  the  city. 

The  consent,  permission  and  authority  hereby  given  are  upon  the 
express  agreement  and  condition  that  the  said  company  shall  do  no 
permanent  injury  to  the  pavement,  gutters,  sidewalks,  water  pipes, 
sewer  or  gas  pipes,  telegraph  or  electric  wires,  cables  or  pipes,  or  side- 
walk space  occupied  by  adjacent  owners,  but  said  company  shall  re- 
store the  street  pavement,  gutter,  sidewalks,  water  pipes,  sewer  or  gas 
pipes,  telegraph  or  electric  wires,  cables  or  pipes  and  sidewalk  space 
occupied  by  adjacent  owners,  at  its  own  expense,  to  a condition  equally 
good  as  before  the  building  of  said  elevated  railroad,  and  if  the  said 
company  shall  fail  or  refuse  so  to  do  the  same  may  be  done  by  the  city 
of  Chicago,  and  the  said  company  shall  be  liable  to  the  city  for  the  cost 
thereof.  When  any  excavation  shall  be  made  by  said  company  in  any 
street,  alley  or  public  place  paved  with  wooden  blocks,  the  foundation 
boards  or  planks  shall  be  removed  without  being  cut,  unless  said  cut- 
ting shall  be  specially  permitted  by  the  commissioner  of  public  works 
of  said  city. 

If  18.  Rights  reserved— viaducts.]  § 18.  The  city  of  Chicago 
reserves  the  right,  whenever  it  may  deem  necessary,  to  erect  and  con- 
struct a viaduct  and  approaches  thereto  upon  any  street  over  which 
The  Lake  Street  Elevated  Railroad  Company  of  Chicago  may  cross, 
without  incurring  any  liability  on  the  part  of  the  city  to  said  company 
for  any  damages  whatsoever,  and  the  said  company  shall  immediately 
change  its  structure  over  any  street  where  such  viaduct  and  approaches 
are  ordered  to  be  constructed,  upon  notice  from  the  commissioner  of 
public  works,  and  the  said  companv  shall  rebuild  and  construct  the 
said  railway  in  such  a manner  that  the  distances  and  heights  provided 
in  this  ordinance  shall  be  maintained  over  said  viaduct,  the  same  as 
herein  provided  over  streets,  and  such  change  of  structure  shall  be 
without  expense  to  the  city,  and  at  the  expense  of  said  company.  If 
the  said  company,  after  having  been  notified  in  writing  by  the  com- 
missioner of  public  works  to  change  the  structure  over  any  street 


872 


RAILWAYS ELEVATED. 


[§  393 


where  the  grade  has  been  changed,  or  after  having  been  notified  to 
change  its  structure  where  any  viaduct  has  been  ordered  by  the  city  of 
Chicago,  shall  fail  so  to  d 6 within  sixtv  days  from  the  date  of  said 
service  of  said  notice,  then  the  city  of  Chicago  may  remove  the  entire 
roadway,  structure,  tracks  and  railway  system  of  said  company  from 
such  street,  and  shall  not  be  liable  to  said  company  for  any  damage 
of  any  kind  whatsoever  for  the  aforesaid  removal,  but  the  said  com- 
pany shall  pay  to  the  city  of  Chicago  the  entire  cost  and  expense  of 
such  removal. 

If  19.  Indemnity  clause — penalty  for  violation.]  § 19.  The 

permission  and  authority  hereby  given  are  upon  the  further  express 
condition  that  the  said  railroad  shall  and  will  forever  indemnify  and 
save  harmless  the  city  of  Chicago  against  and  from  any  and  all  dam- 
ages of  every  kind  and  character,  including  land  and  business  dam- 
ages and  any  and  all  damages  to  property  of  every  kind  and  character, 
and  from  any  and  all  damages,  judgments,  decrees,  and  costs  and  ex- 
penses of  the  same,  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city  for  or  by  reason  of  the  granting  or  re- 
sulting from  the  passage  of  this  ordinance,  or  any  matter  or  thing 
connected  therewith,  or  with  the  exercise  by  said  company  of  the  privi- 
leges hereby  granted,  or  from  any  act  or  acts  of  the  said  company  un- 
der or  by  virtue  of  the  provisions  of  this  ordinance;  and,  provided, 
that  on  the  recovery  of  any  final  judgment  against  the  said  city  of  Chi- 
cago, as  aforesaid,  and  a failure  of  said  company  to  pay  the  same  with- 
in sixty  days  after  notice  has  been  given  to  said  company,  all  of  the 
rights  herein  given  under  this  ordinance  shall  cease  and  determine 
and  the  city  of  Chicago  shall  thereupon  have  the  right,  through  its 
proper  officers,  to  enter  upon  the  right  of  way  of  said  company  and 
remove  any  and  all  of  its  tracks  and  elevated  structures  from  any  street 
or  alley  where  the  same  may  have  been  authorized  by  the  provisions 
of  this  ordinance. 

If  20.  Compensation — annual  license  fee.]  § 20.  On  the 
first  day  of  May  in  each  year  said  company  shall  pay  to  the  city  of 
Chicago,  in  advance,  an  annual  license  fee  of  fifty  dollars  ($50)  for 
each  and  every  car  used  by  them  in  transporting  passengers  for  hire, 
and  at  the  time  of  said  payment  said  company  shall  file  with  the  city 
collector  an  affidavit  subscribed  and  sworn  to  by  its  president,  or  other 
officer  of  said  company,  if  required  by  the  city  collector,  stating  the 
number  of  cars  so  used  by  said  company.  Upon  such  payment  being 
made  the  city  clerk  shall  issue  a license  to  said  company  for  each  of 
its  cars  so  used,  which  license  shall  be  issued  as  other  licenses  are  is- 
sued, and  each  license  shall  contain  the  number  of  the  car  for  which  the 
same  is  paid  and  which  license  shall  be  posted  by  said  company  in 
some  conspicuous  place  inside  of  each  car  so  licensed. 

If  21.  Time  for  completion— cash  deposit.]  § 21.  The  priv- 

ileges and  authority  hereby  granted  are  so  granted  upon  the  further 


§ 393]  lake  street  elevated  railway  company.  873 

express  condition  that  at  least  two  miles  of  the  tracks  authorized  by 
this  ordinance  shall  be  laid  down  and  constructed  within  one  year  from 
the  passage  of  this  ordinance,  and  if  not  so  constructed  and  in  opera- 
tion all  the  rigJhts  and  privileges  granted  by  this  ordinance  to  such 
company  shall  cease  and  be  null  and  void,  but  the  time  during  which 
any  legal  proceedings  shall  be  pending,  whereby  the  said  company 
shall  be  prevented  from  or  delayed  in  constructing  its  railroad  or  any 
part  thereof,  shall  not  be  taken  or  deemed  to  be  any  part  of  the  said 
two  years ; Provided,  however,  that  the  city  law  department  may  in- 
tervene in  any  suit  and  move  for  its  dismissal,  in  case  such  suit  may 
be  deemed  by  said  law  department  as  collusive  or  for  the  purpose  of 
delay  or  extension  of  such  time.  The  privileges  and  authority  hereby 
granted  are  upon  the  further  express  condition  that  said  Lake  Street 
Elevated  Railway  Company  shall,  within  ninety  days  from  the  passage 
of  this  ordinance,  deposit  with  the  city  treasurer  the  sum  of  one  hun- 
dred thousand  dollars  ($100,000)  as  security  for  the  faithful  observance 
and  performance  of  the  provisions  and  conditions  of  this  ordinance 
on  its  part  to  be  observed  and  performed  as  aforesaid.  The  entire  ele- 
vated system  authorized  by  this  ordinance  shall  be  completed  and  in 
running  order  within  two  years  from  the  passage  of  this  ordinance. 
And  provided,  further,  that  if  the  said  company  shall  complete  two 
miles  of  its  tracks  within  two  years  from  the  passage  of  this  ordinance, 
then  fifty  thousand  dollars  ($50,000)  shall  be  returned  to  said  company 
upon  the  completion  of  the  said  two  miles,  and  the  remaining  fifty 
thousand  dollars  ($50,000)  shall  not  be  returned  to  said  company  until 
its  entire  elevated  system,  authorized  by  this  ordinance,  shall  be  com- 
pleted and  in  running  order;  and  if  the  said  company  shall  not  com- 
plete the  aforesaid  two  miles  within  two  years,  then  the  said  one  hun- 
dred thousand  dollars  ($100,000)  shall  be  forfeited  to,  and  become  the 
property  of,  the  city  of  Chicago;  and  if  the  said  company  shall  not 
complete  its  entire  system  of  elevated  structure  and  tracks  and  have 
the  same  in  complete  running  order  within  two  years  from  the  date 
of  the  passage  of  this  ordinance,  then  all  rights  and  privileges  granted 
by  this  ordinance  shall  be  null  and  void,  and  if  the  company  shall 
build  two  miles  of  its  tracks  and  shall  not  have  completed  its  entire 
system  within  two  years,  then  the  said  company  shall  forfeit  fifty  thous- 
and dollars  ($50,000)  and  the  same  shall  become  the  property  of  the 
city  of  Chicago.  If  the  said  company  shall  comply  with  the  provisions 
of  this  section  in  regard  to  the  erection  and  completion  of  its  system, 
then,  upon  a certificate  of  the  commissioner  of  public  works  that  the 
said  company  has  complied  with  the  provisions  of  this  section,  the 
mayor  and  the  commissioner  shall  draw  a warrant  upon  the  city  treas- 
urer for  such  share  of  said  one  hundred  thousand  dollars  ($100,000) 
as,  under  the  provisions  of  this  ordinance,  the  said  company  shall  be 
entitled  to. 

1 22.  Use  of  structure  by  city.]  § 22.  The  city  of  Chicago 
shall  have  the  right  to  use  the  structure  or  tracks  authorized  by  this 


874 


RAILWAYS ELEVATED. 


[§  393 


ordinance  for  placing  thereunder  its  police,  fire  alarm  and  telephone 
and  electric  wires,  and  for  so  doing  no  charge  shall  be  made  to  the 
city  of  Chicago. 

If  23.  Bond — conditions.]  § 23.  The  consent,  permission  and 

authority  hereby  given  is  upon  the  express  agreement  and  understand- 
ing that  the  Lake  Street  Elevated  Railroad  Company,  before  exercis- 
ing any  of  the  rights  hereby  granted,  shall  execute  to  the  city  of  Chi- 
cago a good  and  sufficient  bond  in  the  penal  sum  of  five  hundred 
thousand  dollars  ($500,000),  with  sureties  to  be  approved  by  the  mayor 
and  comptroller  of  the  city  of  Chicago,  conditioned  that  it  will  ob- 
serve, perform  and  carry  out  all  the  provisions  of  this  ordinance,  and 
will  forever  indemnify  and  save  harmless  the  city  of  Chicago  against 
and  from  any  and  all  damages  of  every  kind  and  character,  including 
land  and  business  damages,  judgments,  decrees,  costs  and  expenses, 
which  it  may  suffer,  or  which  may  be  recovered  or  obtained  against 
said  city  for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  the  privileges,  or  any  of  them, 
herein  granted,  or  from  any  act  or  acts  of  the  said  company  under  or 
by  virtue  of  the  provisions  of  this  ordinance.  The  bond  required  by 
this  section  shall  be  filed  with  the  city  clerk  within  sixty  days  from  the 
passage  of  this  ordinance. 

1 24.  Term  of  grant — right  of  purchase.]  § 24.  The  right 
to  operate  said  railways  shall  extend  to  the  full  time  of  twenty-five 
years  from  the  passage  hereof,  and  at  the  expiration  of  said  time  the 
parties  operating  said  railways  shall  be  entitled  to  enjoy  all  of  the 
privileges  until  the  common  council  shall  elect,  by  order  for  that  pur- 
pose, to  purchase  said  tracks  of  said  railways,  cars,  carriages,  station 
houses,  station  grounds,  depot  grounds,  furniture  and  implements  of 
every  kind  and  description,  used  in  the  construction  or  operation  of 
said  railways,  or  any  of  the  appurtenances  in  or  about  the  same,  ex- 
clusive of  the  value  of  the  right  of  way  or  license  herein  granted,  and 
pay  for  the  same  in  the  manner  hereinafter  mentioned. 

Such  order  shall  fix  the  time  when  said  city  of  Chicago  will  take 
such  railways  and  other  property  before  mentioned,  which  shall  not 
be  less  than  six  months  after  the  passage  of  said  order,  and  at  the 
time  of  taking  said  railways  and  other  property  before  mentioned  the 
city  of  Chicago  shall  pay  to  the  parties  operating  the  same  a sum  of 
money  to  be  ascertained  by  three  commissioners,  to  be  appointed  for 
that  purpose,  as  follows:  One  to  be  chosen  from  the  disinterested 

free-holders  of  Cook  county  by  the  said  common  council ; one  in  like 
manner  by  said  parties,  their  associates  or  successors;  and  the  two  per- 
sons so  chosen,  to  choose  the  third  from  said  freeholders.  Upon  the 
payment  by  the  city  of  Chicago  to  said  Lake  Street  Elevated  Railroad 
Company  the  said  sum  of  money  so  found  by  said  commissioner,  as 
aforesaid,  the  license  conferred  i*pon  the  said  Lake  Street  Elevated 


394] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


875 


Railroad  Company,  by  the  city  of  Chicago,  to  use  said  Lake  street 
for  a right  of  way  shall  at  once  cease. 

1 25.  Limitation  of  grant.]  § 25.  And  it  is  further  provided 
that  the  above  consent  shall  never  in  any  way  or  manner  authorize 
any  other  railroad  company  or  street,  or  horse,  or  dummy  railroad 
company  to  use  the  franchise  hereinabove  granted  to  said  Lake  Street 
Elevated  Railroad  Company. 

1 26.  Supervision  of  work.]  § 26.  All  work,  material,  plans 
and  specifications  for  the  construction  of  said  elevated  road,  whether 
hereinbefore  provided  for  or  not,  shall  be  approved  by  and  under  the 
supervision  of  the  commissioner  of  public  works. 

1 27.  When  in  force,]  § 27.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  said  company  shall  file  with  the  city 
clerk  its  formal  acceptance  of  the  same  and  its  bond  as  herebefore  pro- 
vided; Provided,  that  if  said  acceptance  and  bond  shall  not  be  filed 
as  aforesaid  within  sixty  days  from  the  passage  thereof,  this  ordinance 
shall  be  void  and  of  no  effect. 

§ 394.  Lake  Street  Elevated  Railway  company. 

1 1.  Grant — route. 

IT  2.  Conditions  of  grant — specifications — supervision. 

IT  3*  Specifications— materials. 

1 - 4.  Girders  and  posts. 

■ff  5.  Spans  over  cross  streets  and  alleys. 

IF  6.  Columns — posts — fenders. 

1[  7*  Columns — location  and  distance. 

T 8.  Girders— height — headroom — grades. 
r 9.  Fare — police,  etc.,  to  ride  free. 

1[  10.  Stations — heating  and  lighting — stairs,  etc 
In.  Use  of  structure — limitation — motive  power, 
i 12.  Smoke,  noise,  etc. — drippings — fuel — wires. 

IT  13.  Rights  reserved — speed — heating,  etc. 

IT  14-  ’Successors  and  assigns  to  accept  ordinance. 

IT  15*  Rights  reserved — grades — pavements. 

IT  16.  Rights  reserved — viaducts — change  of  height, 
i 17.  Indemnity  clause — penalty  for  violation. 

IF  18.  Compensation — annual  license  fee. 
i 19.  Time  of  completion — cash  deposit — forfeiture. 

IF  20.  Location  of  structure—  specifications. 

IF  21.  Work  and  materials — approval  of. 
t 22.  Term  of  grant — right  of  purchase— appraised. 

1 23.  Construction  of  ordinance. 

1 24.  When  in  force— acceptance — bond. 

An  ordinance  granting  to  the  Lake  Street  Elevated  Railway  company  a right  of 
way  on  Lake  street  from  Canal  street  to  Crawford- avenue.  (Passed  Novem- 
ber 24,  1S90.  Accepted  by  Lake  Street  Elevated  Railway  company  Decem- 
ber 24,  1890.  Accepted  by  Lake  Street  Elevated  Railway  company  October 
10,  1892.  Accepted  by  Lake  Street  Elevated  Railroad  company  October 

10,  1892.) 

11.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That,  subject  to  the  conditions,  provisions 

and  limitations  hereinafter  set  forth,  permission  and  authority  be,  and 


876 


RAILWAYS — ELEVATED. 


[§  394 


the  same  are  hereby,  given  to  the  Lake  Street  Elevated  Railway  Com- 
pany, a corporation  organized  under  the  laws  of  the  state  of  Illinois, 
its  successors  and  assigns,  to  build,  construct  and  maintain  an  elevated 
structure  and  place  thereon  a double  railway  track,  as  set  forth  and 
provided  in  this  ordinance,  along  and  upon  the  following  route  in  the 
city  of  Chicago,  in  county  of  Cook  and  state  of  Illinois,  to  wit:  On 
and  along  Lake  street,  commencing: 

First  mile — Beginning  at  the  west  line  of  Canal  street,  to  the  cen- 
tral line  of  lot  14  on  the  north  side  of  Lake  street,  between  Elizabeth 
and  Ada  streets. 

Second  mile — Thence,  from  said  last  named  point,  to  a line  be- 
tween lots  61  and  62,  block  44,  on  the  north  side  of  Lake  street,  be- 
tween Robey  street  and  Hoyne  avenue. 

Third  mile — Thence,  from  said  last  named  point,  to  a line  thirty 
(30)  feet  east  of  the  east  line  of  Francisco  street. 

Fourth  mile — Thence,  from  said  last  named  point,  to  a line  seven 
hundred  and  twelve  (712)  feet  east  of  the  east  line  of  Hamlin  avenue. 

Fifth  mile — Thence,  from  said  last  named  point,  to  Crawford  ave- 
nue. 

Said  company,  its  successors  and  assigns,  shall  have  the  right  to 
connect  the  tracks  and  structure  hereby  authorized  with  any  other 
structure  and  tracks  of  said  company  heretofore  or  hereafter  authorized 
to  be  built  and  operated  by  said  company  in,  along  and  over  said  Lake 
street. 

T 2.  Conditions  of  grant— specifications— supervision.]  § 2. 

The  permission,  authority  and  privileges  hereby  given  are  upon  the 
express  condition  that  the  elevated  structure  east  of  the  west  line  of 
Rockwell  street  shall  consist  of  cross  girders  suspended  or  upheld 
upon  or  by  rows  of  iron  posts  or  iron  columns  located  at  the  curb  line 
on  each  side  of  Lake  street,  which  cross  girders  shall  support  longi- 
tudinal girders  upon  which  shall  be  placed  the  double  track  along  and 
over  the  center  line  of  said  street,  and  that  all  switches,  sidings  and 
turnouts  shall  be  located  on  said  elevated  structure,  except  when  it 
may  be  necessary  to  connect  with  other  lines  of  road  operated  by  said 
company,  or  its  successors  and  assigns,  or  to  connect  with  the  shops 
or  yards  used  for  the  storage  of  cars.  The  said  company  shall  cross, 
at  an  elevation  as  hereinafter  specified,  any  and  all  intersecting  streets, 
avenues,  alleys  and  railroad  tracks  upon  or  along  the  line  of  said 
route,  as  designated  in  the  first  section.  Plans  and  specifications  shall 
be  submitted  and  be  filed  with  the  commissioner  of  public  works,  who 
shall  determine  whether  the  said  plans  and  specifications  comply  with 
the  provisions  of  this  ordinance.  And  the  said  company  shall  not  com- 
mence to  build  or  erect  any  work  on  said  elevated  structure  herein  au- 
thorized until  the  plans  and  specifications  are  approved  in  writing  by 
the  commissioner  of  public  works.  The  construction  of  said  elevated 
road  shall  be  under  the  supervision  of  the  commissioner  of  public  works 
of  the  city  of  Chicago.  It  shall  be  his  duty  to  examine  the  materials 


394] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


877 


used  and  the  work  done  upon  said  elevated  railroad  in  all  details;  and 
if  the  materials  used  or  the  work  done  upon  said  structure  do  not 
comply  with  the  provisions  of  this  ordinance,  then  the  commissioner 
of  public  works  shall  be  vested  with  the  authority  to  stop  the  work 
upon  said  elevated  railroad  until  the  provisions  of  this  ordinance  are 
fully  complied  with;  Provided,  however,  said  railway  company  shall 
pay  to  the  city  of  Chicago  all  reasonable  expense  incurred  by  the  com- 
missioner  of  public  works  for  a superintendent  or  engineer  to  carry 
out  the  provisions  and  requirements  of  this  section. 

If  3.  Specifications— materials.]  § 3.  The  permission,  au- 

thority and  privileges  hereby  granted  are  upon  the  express  condition 
that  the  entire  design  and  plan  authorized  shall  be  that  of  an  elevated 
structure,  and  all  materials  used  for  that  part  of  the  structure  above 
the  ground  shall  be  of  wrought  iron  or  steel,  except  the  rails,  which 
shall  be  of  steel  only;  and  except  the  cross  ties  supporting  the  rails 
and  guard  rails,  which  shall  be  of  the  best  quality  and  kind  of  selected 
lumber.  The  station  platforms  shall  be  protected  by  a substantial  rail- 
ing. All  materials  used  in  the  construction  of  the  entire  work  shall  be 
of  the  best  quality  for  the  purposes  for  which  they  are  to  be  applied. 
All  parts  of  the  elevated  structure,  when  in  place,  shall  be  propor- 
tioned to  carry  with  absolute  safety  a dynamic  load  equal  to  one  thous- 
and (1,000)  pounds  per  lineal  foot  of  each  track,  with  a factor  of  safety 
of  not  less  than  five,  exclusive  of  the  static  weight  of  the  structure 
itself. 

If  4.  Girders  and  posts.]  § 4.  The  double  track  east  of  the 
west  line  of  Rockwell  street  shall  be  supported  upon  longitudinal  gird- 
ers, suspended  or  upheld  by  cross  girders,  supported  by  rows  of  iron 
posts  or  iron  columns  set  at  the  curb  line.  The  cross  and  longitudinal 
girders  east  of  the  west  line  of  Rockwell  street  shall  be  plate  girders 
of  wrought  iron  or  steel,  and  in  cross  sections  not  less  than  three  (3) 
feet,  according  to  the  most  approved  plan  of  modern  structure,  and 
similar  to  that  part  of  the  structure  now  built  between  Halsted  and 
Ann  streets  on  Lake  street,  in  the  city  of  Chicago.  The  structure  al- 
ready erected  by  said  company  from  Canal  street  west  on  Lake  street 
shall  be  taken  and  considered  as  though  built  under  the  terms,  provi- 
sions and  conditions  of  this  ordinance,  and  shall  be  subject  to  all  the 
conditions,  terfris  and  limitations  of  this  ordinance. 

T 5.  Spans  over  cross  streets  and  alleys.]  § 5.  When  the 
width  of  any  cross  street,  alley  or  avenue,  between  the  curb  lines  there- 
of, is  sixty  (60)  feet  or  less,  every  cross  street,  avenue  or  alley  shall  be 
spanned  by  a single  span. 

T 6.  Columns— posts— fenders.]  § 6.  The  longitudinal  di- 

ameter of  each  column  or  post  used  in  that  part  of  the  structure  east 
of  the  west  line  of  Rockwell  street  shall  not  exceed  eighteen  (18)  inches 
at  the  base  nor  at  any  point  above  the  ground.  The  transverse  diameter 
of  each  column  or  post,  when  placed  on  a line  with  the  curb,  shall  not 


878 


RAILWAYS ELEVATED. 


[§  394 


exceed  fifteen  (15)  inches  at  the  base  nor  at  any  point  above  it.  Ade- 
quate fenders  shall  be  fitted  at  the  base  of  each  column  or  post  placed 
in  the  roadway  of  any  street  to  prevent  the  hubs  of  the  wheels  of  pass- 
ing vehicles  from  striking  said  columns  or  posts. 

1 7.  Columns — location  and  distance.]  § 7.  The  longitu- 

dinal distance  between  columns  east  of  the  west  line  of  Rockwell  street 
shall  not  be  less  than  thirty-three  (33)  feet,  except  on  curves,  and  ex- 
cept as  provided  in  section  5 of  this  ordinance.  At  curves  the  longi- 
tudinal distance  between  columns  and  the  location  of  all  columns  shall 
be  determined  by  the  commissioner  of  public  works. 

Tf  8.  Girders — height — headroom — grades.]  § 8.  No  part 

of  the  superstructure  shall  be  less  than  fourteen  (14)  feet,  in  the  clear, 
above  the  established  grades  of  the  streets  and  alleys,  as  fixed  by  ordi- 
nance, and  whenever  the  said  elevated  structure  crosses  or  passes  over 
the  right  of  way  or  tracks  of  existing  surface  steam  railroads  the  clear 
headroom  between  the  lowest  portion  of  the  surface  of  the  structure 
and  the  surface  of  the  rails  of  surface  railroads  shall  not  be  less  than 
twenty  (20)  feet  above  the  fixed  grade  of  said  railroad  right  of  way, 
and  the  lowest  portion  of  the  structure  crossing  any  viaduct  or  swing 
bridge  shall  be  not  less  than  fourteen  (14)  feet  from  the  floor  or  sur- 
face of  said  viaduct  or  bridge.  Nothing  in  this  ordinance  contained 
shall  be  construed  to  prevent  the  city  council  from  granting  to  any 
elevated  railroad  company  the  right  to  cross  the  elevated  structure 
hereby  authorized;  Provided,  that  in  case  of  any  change  hereafter 
made  in  the  grade  of  any  streets  by  ordinance  or  in  case  of  the  erection 
of  a viaduct  across  the  same,  said  other  elevated  railroad  company  or 
companies  shall  be  obliged,  at  its  own  cost,  and  without  cost  to  the 
company  authorized  to  exercise  rights  under  this  ordinance,  to  raise 
its  elevated  structure  so  as  to  conform  to  the  height  of  the  double 
track  of  this  company  in  this  section  prescribed. 

If  9.  Fare — police,  etc.,  to  ride  free.]  § 9.  The  rate  of  fare 
to  be  charged  or  collected  upon  trains  to  be  run  upon  the  said  ele- 
vated structure  shall  not  exceed  five  (5)  cents  per  passenger  for  any 
continuous  trip  over  the  line  of  roadway  hereby  authorized  to  be  built, 
including  any  of  the  connecting  lines  of  said  company,  for  any  distance 
within  the  present  or  future  city  limits;  Provided,  no  fare  shall  be  col- 
lected from  any  policeman  nor  member  of  the  fire  department,  in  uni- 
form, nor  from  United  States  letter  carriers,  in  uniform. 

1 10.  Stations — heating  and  lighting — stairs,  etc.]  § 10. 

Permission  and  authority  are  hereby  further  granted  to  said  company 
to  construct  neat  and  commodious  passenger  stations  of  easy  and  con- 
venient access,  and  whose  architectural  details  and  general  design  shall 
be  of  recognized  excellence,  similar  in  style  to  the  stations  erected  on 
the  line  of  the  Sixth  avenue  elevated  railroad  in  the  city  of  New  York, 
and  which  shall  be  erected  and  maintained  along  said  line  at  convenient 
and  appropriate  distances  apart,  generally  about  one  quarter  of  a mile. 


394] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


879 


All  such  station  buildings  and  appurtenances,  and  likewise  all  pas- 
senger cars,  when  the  latter  are  in  use,  shall  be  comfortably  heated 
during  the  winter  months  or  whenever  necessary  at  any  season.  They 
shall  be  properly  lighted  with  gas,  electricity  or  otherwise,  and  thor- 
oughly ventilated  at  all  seasons.  The  system  of  illumination  and  the 
sanitary  fixtures  and  appliances  adopted  and  used  shall  be  such  as  are 
recognized  as  of  the  best  kind  for  the  purposes  to  which  they  are  ap- 
plied. The  platforms  of  all  said  passenger  stations  shall  be  free  from 
obstructions  or  projections  of  any  kind,  and  all  of  such  platforms  and 
the  line  of  stairs  leading  to  and  from  the  same  shall  be  securely  pro- 
tected by  strong  wrought  iron  or  steel  railings,  not  less  than  three  and 
one-half  feet  high.  The  entire  elevated  structure  shall  be  neatly 
painted  and  be  so  maintained  at  all  times.  The  permission  and  author- 
ity to  locate,  construct  and  maintain  all  such  requisite  platforms,  land- 
ings and  lines  of  stairs,  leading  to  and  from  the  sidewalk  of  the  street, 
and  the  right  to  construct  and  maintain  said  elevated  stations,  are 
herein  expressly  granted  said  company;  Provided,  the  width  of  such 
stairs  and  space  occupied  upon  sidewalks  be  subject  to  approval  of 
commissioner  of  public  works.  Nothing  herein  contained,  however, 
shall  prohibit  said  company  from  locating  and  maintaining  its  stations 
in  buildings  whch  it  may  purchase,  lease  or  erect  on  ground  purchased 
or  acquired  by  condemnation,  lease  or  otherwise  along  its  lines,  and 
wherein  it  shall,  for  the  convenience  and  comfort  of  its  patrons,  place 
its  ticket  offices,  waiting  rooms,  sanitary  accommodations,  stairways, 
elevators  and  all  requisite  methods  of  ingress  and  egress.  The  right  to 
construct  and  maintain  passage  ways  or  connections  between  the  in- 
terior of  all  such  station  buildings  and  the  exterior  platforms  is  here- 
by granted  to  said  company.  But  none  of  the  matters  authorized 
within  the  street  lines  by  this  section  shall  be  constructed  without  the 
written  approval  of  the  plans  by  the  commissioner  of  public  works. 

1 11.  Use  of  structure— limitation— motive  power.]  § n. 
The  said  company,  its  successors  and  assigns,  are  hereby  authorized 
to  construct,  maintain  and  operate,  on  the  structure  hereby  authorized 
to . be  built,  two  railroad  tracks,  with  such  side  tracks,  turnouts, 
switches,  curves,  telegraph,  telephone  and  signal  devices  as  may  be- 
come necessary  or  proper,  and  to  use  and  operate,  upon  the  railroad 
tracks  hereby  authorized  to  be  constructed,  locomotives  or  other  en- 
gines or  motors  and  cars  which  may  be  propelled  by  steam,  electric 
or  other  species  of  power;  Provided,  however,  that  the  said  tracks  are 
not  to  be  used  for  any  other  purpose  except  for  the  operation  of  cars 
for  the.  transportation  of  passengers  within  the  city  of  Chicago,  and 
that  said  tracks  shall  not  be  used  for  transportation,  over  the  same, 
of  the  cars  or  other  rolling  stock  of  any  surface  or  other  railroad! 
The  city  of  Chicago  shall  have  the  right  to  use  the  structure  author- 
ized by  this  ordinance,  without  charge,  for  placing  thereunder  its  po- 
lice, fire  alarm,  telephone,  electric  light  and  oower  wires,  not  incon- 
sistent with  the  rights  and  conveniences  of  said  railway  company; 


880 


RAILWAYS — ELEVATED. 


[§  394 


Provided,  however,  that  all  electric  light  or  power  wires,  whether 
owned  by  said  company  or  the  city,  shall  be  properly  enclosed  and  pro- 
tected. 

If  12.  Smoke,  noise,  etc. — drippings — fuel — wires.]  § 12. 

The  motive  power  shall  be  fully  equipped  with  all  modern  devices  cal- 
culated to  render  it  practically  noiseless  and  smokeless  and  to  pre- 
vent the  discharge  of  cinders  and  sparks,  and  suitable  and  practical  de- 
vices shall  be  placed  beneath  all  station  buildings  and  platforms,  and 
at  all  street  crossings  to  intercept  and  carry  off  storm  water  and  drip- 
pings, from  melting  snow  or  other  sources,  and  similar  devices  shall 
also  be  applied  to  both  motive  power  and  rolling  stock  to  intercept  and 
hold  all  cinders,  ashes,  oils,  or  any  thing  that  may  drop  from  passing 
trains  to  the  surface  of  the  street  below  the  structure;  Provided,  that 
no  wood  or  bituminous  coal  shall  be  used  as  fuel  in  the  engine  of  any 
locomotive  employed  in  conducting  trains  upon  such  elevated  struc- 
ture; And  provided,  further,  that  if  said  company  shall  operate  its 
cars  by  electric  power,  all  wires  for  such  purpose  shall  be  suitably  pro- 
tected and  confined  in  conduits  located  along  the  girders,  at  a dis- 
tance not  less  than  fourteen  (14)  feet  above  the  established  grades  of 
sidewalks,  streets  and  alleys,  and  other  public  highways. 

If  13.  Rights  reserved — speed — heating,  etc.]  § 13.  The 
privileges  hereby  granted  are  subject  to  all  general  ordinances  of  the 
city  of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference 
to  elevated  railways.  And  the  city  of  Chicago  reserves  to  itself  the 
right  of  regulating,  by  ordinance,  the  rate  of  speed  at  which  the  said 
trains  shall  run,  and  also  the  right  to  regulate  the  heating  of  cars  and 
stations  and  also  the  right  to  impose  such  regulations  as  the  council 
may  deem  necessary  for  the  protection,  convenience  and  safety  of  the 
public  and  public  and  private  property. 

1 14.  Successors  and  assigns  to  accept  ordinance.]  § 14. 

The  successors  or  assigns  of  said  company  shall  be  held,  at  all  times 
and  in  all  places,  to  have  individually  accepted  and  agreed  to  keep 
and  perform  all  the  terms,  conditions  and  obligations  of  said  company, 
arising  under  the  provisions  hereof,  the  same  as  if  permission  granted 
by  the  ordinance,  upon  the  terms  and  conditions  stated  herein,  had 
been  granted  to  its  successors  or  assigns  by  name  and  accepted  by  it 
or  them.  And  unless  its  successors  or  assigns  shall  execute,  in  writ- 
ing, an  appropriate  acceptance  and  ratification  of  this  ordinance,  and 
of  all  its  terms  and  provisions,  in  manner  and  form  so  as  to  enable 
the  city  of  Chicago  to  enforce  and  require  the  performance  of  each  and 
every  of  said  terms  and  provisions,  by  such  successors  or  assigns,  the 
city  council  of  the  city  of  Chicago  may,  at  any  time  thereafter,  by  or- 
dinance, cancel,  annul  and  revoke  such  permission  and  authority,  and 
prevent  the  exercise  of  the  rights  and  privileges  of  the  same. 

If  15.  Rights  reserved — grades — pavements.]  § 15.  The 
city  of  Chicago  reserves  the  right,  at  any  time  whenever  it  may  deem 


§ 394] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


881 


necessary,  to  change  the  grade  of  any  street  or  alley  over  which  the 
said  structure  may  pass  without  incurring  any  liability  on  the  part  of 
the  city  to  the  said  company  owning  or  operating  said  line  and,  upon 
notice  of  the  commissioner  of  public  works,  the  said  company  shall 
change  its  structure  over  any  street  where  the  grade  has  been  actually 
changed  to  conform  to  an  ordinance  in  such  manner  that  the  distance 
and  heights  provided  in  this  ordinance  shall  be  maintained,  and  such 
change  or  structure  shall  be  made  in  a reasonable  time  and  without 
expense  to  the  city  of  Chicago.  And  this  permission  and  authority 
are  given  upon  the  further  express  condition  that  the  said  company 
shall  do  no  permanent  injury  to  the  pavement,  gutter,  sidewalk,  water 
pipes,  sewer  pipes,  gas  pipes,  electric  conduits  or  wires  or  sidewalk 
space,  and  said  company  shall  restore  the  said  pavement,  gutters,  side- 
walks, water  pipes,  sewer  or  gas  pipes,  electric  conduits  or  wires  and 
the  sidewalk  space,  at  its  own  expense,  to  a condition  equally  as  good 
as  before  the  building  of  said  elevated  structure,  and  if  the  said  com- 
pany shall  fail  or  refuse  so  to  do  the  same,  such  restoration  may  be 
done  by  the  city  of  Chicago,  and  the  said  company  shall  be  liable  for 
and  pay  to  the  city  the  cost  thereof.  When  any  excavation  shall  be 
made  by  said  company  in  any  street,  alley  or  public  place  paved  with 
wooden  blocks,  the  foundation  boards  or  planks  shall  be  removed 
without  being  cut,  unless  such  cutting  shall  be  authorized  by  the  com- 
missioner of  public  works.  No  work  shall  be  commenced  on  any 
street,  avenue,  alley  or  other  public  highway  or  ground  without  a per- 
mit for  same  first  obtained  from  the  commissioner  of  public  works. 

If  16.  Rights  reserved — viaducts — change  of  height.]  § 16. 

The  city  of  Chicago  reserves  the  right,  whenever  it  may  deem  it  nec- 
essary, to  erect  and  construct  a viaduct,  and  approaches  thereto,  upon 
any  street  over  which  the  said  structure  of  the  said  company  may 
cross,  without  incurring  any  liability  on  the  part  of  the  city  to  said 
company  for  any  damages  whatsoever,  and  the  said  company  shall 
change  its  structure,  hereby  authorized  to  be  constructed,  upon  notice 
from  the  commissioner  of  public  works,  so  as  to  allow  the  free  use  of 
said  viaduct,  and  if  said  railwav  and  structure  is  maintained  over  the 
viaduct,  then  the  distance  in  height  provided  in  this  ordinance  shall  be 
maintained  over  said  viaduct  and  such  change  of  structure  shall  be 
made  without  expense  to  the  city  of  Chicago.  And  if  said  company, 
after  having  been  notified  in  writing  by  the  commissioner  of  public 
works  to  change  the  structure  over  any  street  where  the  grade  has 
been  changed  in  fact  and  by  ordinance,  or  having  been  notified  to 
change  the  structure  to  conform  to  the  provisions  of  this  section  where 
a viaduct  is  to  be  built,  shall  fail  to  do  so  within  a reasonable  time, 
then  the  city  of  Chicago  may  make  such  change  at  the  expense  of 
said  company,  and  remove  so  much  of  the  structure  as  may  be  neces- 
sary to  meet  the  demands,  and  said  company  shall  be  liable  to  and 
pay  the  city  the  cost  thereof. 


882 


RAILWAYS ELEVATED. 


[§  394 


Tf  17.  Indemnity  clause — penalty  for  violation.]  § 17.  The 

permission  and  authority  hereby  granted  (are)  upon  the  further  ex- 
press conditions  that  the  said  railroad  .company  shall  and  will,  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same,  which  it  may  suffer  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges 
and  authority,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from,  the  passage  of  this  ordinance  or  any  matter  or  thing  connected 
therewith,  or  with  the  exercise  by  said  company  of  the  privileges  here- 
by granted,  or  from  any  act  or  acts  of  said  company  under  or  by  vir- 
tue of  the  provisions  of  this  ordinance.  And  upon  the  recovery  of  any 
final  judgment  against  the  said  city  of  Chicago,  as  aforesaid,  and  the 
failure  of  said  company  to  pay  the  same  within  sixty  days  after  notice 
has  been  given  to  said  company,  then  all  the  rights  herein  given 
under  this  ordinance  shall  cease  and  determine;  and  the  city  of  Chi- 
cago shall  thereupon  have  the  right,  through  its  proper  officer,  to 
enter  upon  the  right  of  way  of  said  company  and  take  possession 
thereof,  and  of  all  the  appurtenances  of  said  elevated  railway,  and 
possess  the  same,  with  full  power  to  operate  said  road  until  said  com- 
pany has  discharged  all  the  obligations  imposed  upon  it  in  this  sec- 
tion. 

If  18.  Compensation — annual  license  fee.]  § 18.  On  the 

first  day  of  May  in  each  year  said  company  shall  pay  to  the  city  of 
Chicago  an  annual  license  fee  of  fifty  (50)  dollars  for  each  and  every 
car  used  by  said  company  in  transporting  passengers  for  hire,  and  at 
the  time  of  said  payment  said  company  shall  file  with  the  city  collector 
an  affidavit  subscribed  and  sworn  to  by  its  president  or  other  officer 
of  said  company,  stating  the  number  of  cars  so  used  by  said  company. 
Upon  such  payment  being  made  and  certified  to  by  said  city  collector, 
the  city  clerk  shall  issue  a license  to  said  company  for  each  of  its  cars 
so  used,  which  license  shall  be  issued  as  other  licenses  are  issued,  and 
each  license  shall  contain  the  number  of  the  car  for  which  the  same  is 
paid,  which  license  shall  be  posted  by  said  company  in  some  con- 
spicuous place  inside  of  each  car  so  licensed;  Provided,  the  number 
of  said  car  and  the  number  of  said  license  shall  correspond. 

If  19.  Time  for  completion  — cash  deposit  — forfeiture.] 

§ 19.  The  permission  and  authority  hereby  granted  are  upon  the  fur- 
ther express  condition  that  in  addition  to  the  structure  already  built  by 
said  company  on  Lake  street,  from  Canal  street  west,  it  shall  cause  to 
be  built  and  constructed  at  least  one  mile  of  its  structure  in  addition 
thereto  on  or  before  the  1st  day  of  July,  A.  D.  1891.  And  the  time 
during  which  any  legal  proceedings  shall  be  pending,  whereby  the  said 
company,  its  successors  and  assigns,  shall  be  prevented  from  or  delayed 
in  constructing  its  railroad  or  any  part  thereof,  shall  not  be  taken  or 
deemed  to  be  any  part  of  the  time  specified;  Provided,  however,  that  the 


i 394] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


883 


city  may  intervene  in  any  suit  and  move  for  its  dismissal  in  the  name  of 
said  company,  in  case  such  suit  may  be  deemed  by  the  city  as  collusive 
or  for  the  purpose  of  delay  or  extension  of  time.  The  said  company 
having  heretofore  deposited  in  the  treasury  of  the  city  of  Chicago  the 
sum  of  one  hundred  thousand  dollars  ($100,000)  as  security  for  the 
faithful  performance  of  the  provisions  and  conditions  of  a certain  or- 
dinance passed  December  28,  1888,  by  the  city  council  of  the  city  of 
Chicago  on  its  part  to  be  observed  and  performed:  Now,  therefore, 

it  is  understood  and  agreed,  and  made  part  of  this  ordinance,  that  said 
one  hundred  thousand  dollars  ($100,000)  so  deposited  shall  be  deemed 
and  taken  to  have  been  deposited  under  this  ordinance  as  guarantee  of 
the  faithful  performance  by  said  company  of  all  the  terms  and  condi- 
tions herein  contained,  and  said  one  hundred  thousand  dollars  ($100,- 
000)  shall  become  the  property  of  the  city  of  Chicago  unless  the  same 
is  paid  over  and  surrendered  to  said  company  under  the  conditions 
contained  in  this  section.  It  is  hereby  provided  that  if  said  company 
shall  complete  two  (2)  miles  of  its  structure  on  or  before  the  first  day 
of  July,  1891,  then  fifty  thousand  dollars  ($50,000)  is  to  be  returned  to 
said  company  upon  the  completion  of  said  two  (2)  miles.  The  remain- 
ing fifty  thousand  dollars  ($50,000)  shall  be  returned  to  said  company 
when  its  elevated  structure,  authorized  by  this  ordinance,  shall  be 
completed  and  trains  operate  upon  the  tracks  hereby  authorized;  Pro- 
vided, said  structure  shall  be  completed  and  trains  operated  within 
two  (2)  years  of  the  passage  of  this  ordinance.  And  if  the  said  com- 
pany shall  not  complete  its  entire  structure  and  have  the  same  in  com- 
plete running  order  within  two  years  from  the  date  of  the  passage  of 
this  ordinance,  then  all  the  rights  and  privileges  granted  by  this  ordi- 
nance shall  be  null  and  void.  And  if  the  said  company  shall  not  com- 
plete its  entire  structure  within  said  two  years,  then  the  said  company 
shall  forfeit  said  remaining  $50,000,  and  the  same  shall  become  the 
property  of  the  city  of  Chicago.  If  the  said  company  shall  comply 
with  the  provisions  of  this  section  in  regard  to  the  erection  of  its  struc- 
ture and  the  completion  and  operation  of  same,  then,  upon  the  certi- 
ficate of  the  commissioner  of  public  works  that  the  said  company  has 
complied  with  the  provisions  of  this  section,  the  mayor  and  comp- 
troller of  the  city  of  Chicago  shall  draw  a warrant  upon  the  city  treas- 
urer for  such  portion  of  said  $100,000  as,  under  the  provisions  of  this 
section,  the  said  company  shall  be  entitled  to,  and  the  treasurer  shall 
pay  the  same;  Provided,  the  time  during  which  any  legal  proceedings 
shall  be  pending,  whereby  said  company  shall  be  prevented  from  or 
delayed  in  constructing  the  structure  hereby  authorized,  or  its  railroad 
tracks  of  any  portion  of  its  railroad,  or  any  part  thereof,  then  such  time 
shall  be  deducted  from  the  time  or  times  required  by  this  section  to 
complete  the  different  parts  of  its  structure. 

If  20.  Location  of  structure— specifications.]  § 20.  That 

portion  of  the  structure  beginning  at  the  west  line  of  Rockwell  street 
shall  be  built  and  erected  in  conformity  with  the  requirements  of  this 


884 


RAILWAYS ELEVATED. 


[§  394 


ordinance,  except  as  in  this  section  otherwise  provided,  viz. : All  ma- 

terial used  for  that  part  of  the  structure  west  of  the  west  line  of  Rock- 
well street  above  the  ground  shall  be  wrought  iron  or  steel,  except  the 
rails,  which  shall  be  of  steel  only,  and  except  the  ties  and  guard  rails 
supporting  the  rails,  which  shall  be  of  the  best  quality  and  kind  of  se- 
lected lumber. 

(a)  The  general  plan  or  plans  of  structure  shall  be  of  an  elevated 
structure,  with  the  track  or  tracks  supported  or  upheld  upon  or  by  a 
row  or  rows  of  iron  posts  or  iron  columns. 

(b)  The  transverse  diameter  of  each  post  or  column  placed  in  the 
roadway  shall  not  exceed  fifteen  (15)  inches  at  the  base  and  thence  for 
at  least  ten  (10)  feet  above  the  surface  of  the  roadway. 

(c)  The  longitudinal  distance  between  the  columns  shall  not  be 
less  than  thirty-five  (35)  feet,  except  on  curves. 

(d)  No  part  of  the  girders  on  the  superstructure  shall  be  less 
than  fourteen  feet  above  the  present  established  grade  of  streets  and 
alleys,  and  wherever  said  elevated  structure  crosses  and  passes  over 
the  right  of  way  and  tracks  of  existing  steam  surface  railroads,  the 
clear-head  room  between  the  lower  chords  of  all  said  girders  and  the 
surface  of  the  rails  of  said  surface  railroad  shall  not  be  less  than 
twenty  (20)  feet. 

(e)  And  said  structure  shall,  west  of  said  Rockwell  street,  con- 
form as  near  as  practicable  to  that  now  in  process  of  erection  by  the 
Chicago  & South  Side  Rapid  Transit  Railroad  Company,  under  the 
provisions  of  an  ordinance  passed  March  26th,  1888,  by  the  city  coun- 
cil of  the  city  of  Chicago. 

(f)  And  said  structure  west  of  Rockwell  street  shall  occupy  the 
center  twenty-one  feet  and  five  inches  of  the  established  roadway  of 
said  West  Lake  street,  and  the  columns  to  support  the  girders 
and  rails  of  said  structure  shall  be  placed  at  the  outer  lines  of  said 
twenty-one  feet  and  five  inches  hereby  authorized  to  be  so  occupied. 

(g)  If  an  ordinance  shall  hereafter  be  passed  narrowing  the  side- 
walk space  between  the  west  line  of  Rockwell  street  and  the  east  line 
of  Crawford  avenue  or  West  Fortieth  street,  then  said  Lake  Street  Ele- 
vated Railway  Company,  its  successors  and  assigns,  shall  pay  the  city 
of  Chicago  the  expense  of  transferring  and  of  resetting  the  curb  stone 
on  both  sides  of  said  street  between  said  points,  and  also  the  expense  of 
repaving  the  additional  width  given  to  the  roadway  by  so  narrowing 
the  sidewalk  space,  similar  to  the  pavement  now  laid  between  said 
points. 

! 21.  Work  and  materials— approval  of,]  § 21.  All  work, 
materials,  plans  and  specifications  for  the  construction  of  said  elevated 
railroad,  whether  hereinabove  provided  for  or  not,  and  which  may  be- 
come necessary  and  proper,  shall  be  subject  to  the  approval  of  the  com- 
missioner of  public  works,  who  is  hereby  authorized  to  approve  the 
same. 


§ 394]  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  885 

1 22.  Term  of  grant  — right  of  purchase— appraisal.] 

§ 22.  The  permission  and  authority  hereby  granted  shall  continue 
for  a period  of  forty  (40)  years ; Provided,  however,  that  at  the  end  of 
twenty-five  (25)  years  the  city  of  Chicago  shall  have  the  right  to  pur- 
chase the  elevated  railway  structure,  and  the  property  and  equipments 
of  said  company  pertaining  to  said  elevated  railway,  at  an  appraised 
value,  such  value  to  be  ascertained  and  determined  by  three  competent 
appraisers,  who  shall  have  free  access  to  all  the  books,  papers  and 
other  data  bearing  upon  the  subject.  Said  appraised  value  shall  not 
include  the  value  of  any  rights,  privileges,  or  franchises  granted  by  the 
city  of  Chicago.  One  of  said  appraisers  shall  be  appointed  by  the 
mayor  of  the  city  of  Chicago,  one  by  the  said  elevated  railway  com- 
pany and  one  by  the  two  so  selected,  and  if  they  can  not  agree  upon 
the  third  appraiser  then  any  one  of  the  chancellors  of  the  circuit  court 
of  Cook  county  may  appoint  him.  The  said  appraisers  shall  make  re- 
port upon  the  value  of  said  property  within  six  (6)  months  after  their 
appointment,  to  the  mayor  and  city  council,  and  said  mayor  and  city 
council  shall  have  the  option,  any  time  within  six  (6)  months  after  the 
receipt  of  said  report,  to  purchase  said  railway  structure  and  said 
property  at  the  appraised  value. 

If  23.  Construction  of  ordinance.]  § 23.  This  ordinance 
shall  be  taken  and  construed  to  include  the  elevated  railway  authorized 
to  be  constructed  on  Lake  street,  from  Canal  street  west  to  Crawford 
avenue,  and  not  as  authorizing  another  elevated  railway  over  the  same 
route;  Provided,  however,  said  elevated  railway  heretofore  authorized 
is  and  shall  be  subject  to  all  the  conditions,  provisions  and  require- 
ments of  this  ordinance. 

If  24.  When  in  force— acceptance— bond.]  § 24.  This  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
after  the  said  company  shall  file,  with  the  city  clerk,  its  formal  accept- 
ance of  the  same  and  shall  also  file  with  the  city  clerk  a bond,  running 
to  the  city  of  Chicago,  with  security,  to  be  approved  by  the  mayor  of 
said  city,  in  the  penal  sum  of  two  hundred  and  fifty  thousand  (250,- 
000)  dollars,  conditioned  that  if  the  Lake  Street  Elevated  Railroad 
Company  shall  faithfully  observe  and  properly  carry  out  all  of  the  pro- 
visions of  this  ordinance  and  forever  indemnify  and  save  harmless  the 
said  city  of  Chicago  from  any  and  all  damages,  judgments,  decrees, 
costs  and  expenses  which  it,  the  city  of  Chicago,  may  suffer,  or  which 
may  be  recovered  against  it  for,  or  by  reason  of,  or  resulting  from, 
the  passage  of  this  ordinance,  and  by  reason  of  the  construction  or 
operation  of  said  railroad,  including  land  and  business  damages  of 
every  kind  and  character.  But  this  section  shall  not  be  construed  as 
preventing  the  said  city  from  recovering  from  said  company  any 
amount  of  damages  which  it  may  have  sustained  as  aforesaid,  in  ex- 
cess of  the  said  sum  of  two  hundred  and  fifty  thousand  (250,000)  dol- 
lars; And,  provided,  its  said  acceptance  and  bond  shall  be  filed,  and 


886 


RAILWAYS ELEVATED. 


[§  395 


said  bond  approved,  within  thirty  (30)  days  from  the  passage  hereof, 
otherwise  this  ordinance  shall  be  null  and  void. 

§ 395.  Lake  Street  Elevated  Railway  company. 


^f  1.  Grant — route. 

2.  Conditions  of  grant — specifications — suspensions. 

*f  3.  Specifications— materials. 

If  4-  Girders — posts. 

if  5.  Span  over  cross  streets. 

If  6.  Columns— posts — fenders, 
if  7.  Columns — location  and  distance. 

■[  8.  Girders — height — headroom — viaduct  or  bridge, 

if  9.  Compensation — annual  payments. 

*i\  10.  Alterations  of  viaduct  and  river  bridge. 

if  11.  Compensation  for  use  of  viaduct  and  bridge — advertisements 
prohibited. 

^f  12.  Fare — police,  etc.,  to  ride  free. 

if  13.  Stations — heating  and  lighting — stairs,  etc. 

if  14.  Use  of  structure — limitation — motive  power. 

If  15.  Smoke,  noise,  etc. — drippings — fuel — wires, 
if  16.  Rights  reserved— speed — heating,  etc. 
if  17.  Successors  and  assigns  to  accept  ordinance. 

If  18.  Rights  reserved— grades — pavements, 
if  19.  Rights  reserved — viaducts — change  of  height, 
if,  20.  Indemnity  clause — penalty  for  violation, 
if  21.  Compensation — annual  license  fee. 
if  22.  Location  of  structure — specifications. 

If  23.  Grant  of  loop  east  of  Market  street — route. 

if  24.  Approval  of  plans — time  for  completion. 

if  25.  Term  of  grant— right  of  purchase — of  appraisal. 

if  26.  Construction  of  ordinance. 

if  27.  When  in  force — acceptance — bond. 


An  ordinance  granting  to  the  Lake  Street  Elevated  Railway  company  a right  of 
way  on  Lake  street  from  Crawford  avenue  west  to  the  city  limits  and  from 
Canal  street  to  Market  street,  etc.  (Passed  November  24,  1890.  Accepted 
by  Lake  Street  Elevated  Railway  company  December  24,  1890.  Accepted  by 
Lake  Street  Elevated  Railway  company  October  10,  1892.  Accepted  by 
Lake  Street  Elevated  Railroad  company  October  10,  1892.) 


if  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That,  subject  to  the  conditions,  provisions  and 

limitations  hereinafter  set  forth,  permission  and  authority  be, 
and  the  same  are  hereby  given  to  the  Lake  Street  Elevated 
Railway  Company,  a corporation  organized  under  the  laws  of 
the  state  of  Illinois,  its  successors  and  assigns,  to  build,  construct, 
operate  and  maintain  an  elevated  structure  and  place  thereon  a double 
track,  as  set  forth  and  provided  in  this  ordinance,  along  and  upon  the 
following  route  in  the  city  of  Chicago,  county  of  Cook  and  state  of 
Illinois,  to  wit:  Along,  upon  and  over  Lake  street,  commencing  at 

the  east  line  of  Crawford  avenue,  and  thence  extending  west  to  the 
city  limits,  subject  to  the  stipulations  of  this  ordinance,  and  also  along, 
upon  and  over  Lake  street,  commencing  at  the  west  line  of  Canal 
street,  thence  extending  east  to  the  east  line  of  Market  street,  with  the 
right  and  privilege  to  cross  the  viaduct  and  swing  bridge  on  said  line, 
subject,  however,  to  the  conditions,  requirements  and  stipulations  for 


§ 395] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


887 


said  viaduct  and  bridge,  as  provided  in  sections  8,  9,  10  and  1 1 of  this 
ordinance,  and  said  company  may  commence  at  the  east  line  of  Canal 
street,  thence  extend  east  along,  over  and  upon  any  lands  said  com- 
pany may  acquire  by  purchase,  lease,  condemnation  or  otherwise,  to  a 
point  or  place  on  Lake  street,  150  feet  east  of  the  east  line  of  Canal 
street.  Said  company,  its  successors  and  assigns,  shall  have  the  right 
to  connect  the  tracks  and  structure  hereby  authorized  with  any  other 
structure  and  tracks  of  said  company,  heretofore  or  hereafter  author- 
ized to  be  built  and  operated  by  said  company,  in,  along  and  over  said 
Lake  street. 

1 2.  Conditions  of  grant — specifications— supervision.]  § 2. 

The  permission,  authority  and  privileges  hereby  given  are  upon  the 
express  condition  that  the  elevated  structure  east  of  the  west  line  of 
Canal  street  shall  consist  of  cross  girders,  suspended  or  upheld  upon 
or  by  rows  of  iron  posts  or  iron  columns  located  at  the  curb  line  on 
each  side  of  Lake  street,  which  cross  girders  shall  support  longitudinal 
girders,  upon  which  shall  be  placed  the  double  track  along  and  over 
the  center  line  of  said  street,  and  that  all  switches,  sidings  and  turn- 
outs shall  be  located  on  said  structure.  The  said  company  shall  cross 
at  an  elevation,  as  hereinafter  specified,  any  and  all  intersecting  streets, 
avenues,  alleys  and  railroad  tracks,  viaducts  and  swing  bridges  upon 
or  along  the  line  of  said  route,  as  designated  in  the  first  section.  Plans 
and  specifications  of  said  structure  shall  be  submitted  and  be  filed  with 
the  commissioner  of  public  works,  who  shall  determine  whether  the 
said  plans  and  specifications  comply  with  the  provisions  of  this  ordi- 
nance. And  the  said  company  shall  not  commence  to  build  or  erect 
said  elevated  structure  herein  authorized  until  the  plans  and  specifica- 
tions are  approved,  in  writing,  bv  the  commissioner  of  public  works. 
The  construction  of  said  elevated  road  shall  be  under  the  supervision 
of  the  commissioner  of  public  works  of  the  city  of  Chicago.  It  shall 
be  his  duty  to  examine  the  materials  used  and  the  work  done  upon 
said  elevated  railroad  in  all  details;  and  if  the  material  used  or  the 
work  done  upon  said  structure  does  not  comply  with  the  provisions 
of  this  ordinance,  then  the  commissioner  of  public  works  shall  be 
vested  with  the  authority  to  stop  the  work  upon  said  elevated  railroad 
until  the  provisions  of  this  ordinance  are  fully  complied  with;  Pro- 
vided, however,  said  company  shall  pay  to  the  city  all  reasonable  cost 
and  expense  of  such  supervision  on  the  part  of  the  commissioner  of 
public  works,  or  his  agent. 

H 3.  Specifications— materials.]  § 3.  The  permission,  author- 
ity and  privileges  hereby  granted  are  upon  the  express  condition  that 
the  entire  design  and  plan  hereby  authorized  shall  be  that  of  an  ele- 
vated structure,  and  all  materials  used  for  that  part  of  the  structure 
above  the  ground  shall  be  of  wrought  iron  or  steel,  except  the  rails, 
which  shall  be  of  steel  only:  and  except  the  cross  ties  supporting  the 
rails  and  guard  rails,  which  shall  be  of  the  best  quality  and  kind  of 
selected  lumber.  All  materials  used  in  the  construction  of  the  entire 


§88 


RAILWAYS — ELEVATED. 


[§  395 


work  shall  be  of  the  best  quality  for  the  purposes  for  which  they  are 
to  be  applied.  All  parts  of  the  structure,  when  in  place,  shall  be  pro- 
portioned to  carry  with  absolute  safety  a dynamic  load  equal  to  at 
least  one  thousand  (1,000)  pounds  per  lineal  foot  of  each  track,  with 
a factor  of  safety  of  five,  exclusive  of  the  static  weight  of  the  structure 
itself. 

If  4.  Girders — posts.]  § 4.  The  double  track  east  of  the  west 

line  of  Canal  street  shall  be  supported  upon  longitudinal  girders  sus- 
pended or  upheld  by  cross  girders,  supported  by  rows  of  iron  posts  or 
iron  columns  set  at  the  curb  line.  The  cross  and  longitudinal  girders 
east  of  the  west  line  of  Canal  street  shall  be  plate  girders  of  wrought 
iron  or  steel  and,  in  cross  sections,  not  less  than  three  (3)  feet,  accord- 
ing to  the  most  approved  plan  of  modern  structure  and  similar  to  that 
part  of  the  structure  now  built  between  Halsted  and  Ann  streets,  on 
Lake  street,  in  the  city  of  Chicago,  by  said  company. 

f 5.  Spans  over  cross  streets.]  § 5.  When  the  width  ol 
any  cross  street,  avenue  or  alley  between  the  curb  lines  thereof  is  sixty 
(60)  feet  or  less  every  cross  street,  avenue  or  alley  shall  be  spanned  by 
a single  span. 

If  6.  Columns — posts — fenders.]  § 6.  The  longitudinal  di- 

ameter of  each  column  or  post  used  in  that  part  of  the  structure  east  of 
the  west  line  of  Canal  street  shall  not  exceed  eighteen  (18)  inches  at 
the  base  nor  at  any  point  above  ground.  The  transverse  diameter  of 
each  column  or  post  when  placed  on  a line  with  the  curb  shall  not  ex- 
ceed fifteen  (15)  inches  at  the  base  nor  at  any  point  above  it.  Ade- 
quate fenders  shall  be  fitted  at  the  base  of  each  column  or  post  placed 
in  the  roadway  of  any  street  to  prevent  the  hubs  of  the  wheels  of  pass- 
ing vehicles  from  striking  said  columns  or  posts. 

IT  7.  Columns — location  and  distance.]  § 7.  The  longitudi- 
nal distance  between  columns  east  of  the  west  line  of  Canal  street  shall 
not  be  less  than  thirty-4hree  (33)  feet,  except  on  curves,  and  except  as 
provided  in  section  5 of  this  ordinance.  At  curves,  the  longitudinal 
distance  between  columns  and  the  location  of  all  posts  shall  be  deter- 
mined by  the  commissioner  of  public  works. 

•(f  8.  Girders— height — headroom — viaduct  or  bridge.]  § 8. 
No  part  of  the  girders  of  the  superstructure  shall  be  less  than  fourteen 
(14)  feet  above  the  established  grades  of  the  streets,  alleys  and  floors 
of  viaducts  and  swing  bridges,  as  fixed  by  ordinance,  and  whenever 
the  said  elevated  structure  crosses  or  passes  over  the  right  of  way  and 
tracks  of  existing  surface  steam  railroads  the  clear  headroom  between 
the  lower  chord  of  all  of  said  girders  and  the  surface  of  rails  for  sur- 
face railroads  shall  not  be  less  than  twenty  (20)  feet.  Said  Lake  Street 
Elevated  Railway  Company  in  crossing  Lake  street  bridge  shall,  at 
their  own  expense,  make  all  necessary  changes  and  alterations  in  said 
viaduct  or  river  bridge,  and  there  sub-structure,  exclusive  of  any  and 
all  payments  provided  for  in  section  9 of  this  ordinance,  upon  plans 


§ 395]  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  889 

and  specifications  to  be  approved  by  the  commissioner  of  public  works. 
Nothing  in  this  ordinance  contained  shall  be  construed  to  prevent  the 
city  council  from  granting  to  any  elevated  railway  company  the  right 
to  cross  the  elevated  structure  hereby  authorized;  Provided,  that  in 
case  of  any  change  hereafter  made  in  the  grade  of  any  streets  by  ordi- 
nance, or  in  case  of  the  erection  of  a viaduct  across  the  same,  said 
other  elevated  railway  company  or  companies  shall  be  obliged,  at  its 
own  cost  and  without  cost  to  the  company  authorized  to  exercise  rights 
under  this  ordinance,  to  raise  its  elevated  structure  so  as  to  conform 
to  the  height  of  the  double  track  of  this  company  in  this  section  pre- 
scribed. 

1 9.  Compensation — annual  payments.]  § 9.  The  permis- 
sion and  authority  herein  granted  are  upon  the  further  express  condi- 
tion that,  on  and  after  May  1st,  1894,  said  Lake  Street  Elevated  Rail- 
way Company,  its  successors  and  assigns,  shall  pay  into  the  city  treas- 
ury of  the  city  of  Chicago,  annually,  the  amounts  herein  provided,  viz.: 
For  each  and  every  lineal  mile  of  its  structure,  hereby  authorized  to  be 
built  from  the  east  line  of  Crawford  avenue  to  the  city  limits  and  a 
proportionate  amount  for  each  fractional  mile,  viz.:  At  the  rate  of 

nine  hundred  (900)  dollars  per  mile.  And  on  that  part  of  the  struc- 
ture hereby  authorized  to  be  built,  from  the  west  line  of  Canal  street 
to  the  east  line  of  Market  street,  shall  pay  annually  from  and  after  the 
first  day  of  May,  1894,  four  thousand  (4,000)  dollars  per  lineal  mile  and 
a proportionate  amount  thereof  for  any  fraction  of  a mile,  exclusive 
of  the  length  of  the  viaduct  on  Lake  street  over  West  Water  street 
and  the  swing  bridge  over  the  river;  Provided,  that  for  any  extension 
of  the  elevated  railway  over,  along  or  upon  any  street,  avenue,  alley 
or  public  place  in  addition  to  the  route  specified  in  this  section,  the 
rate  per  mile  or  fraction  thereof  shall  be  fixed  by  the  mayor,  commis- 
sioner of  public  works  and  president  of  said  railway  company.  But 
nothing  herein  shall  be  held  to  release  or  discharge  any  other  company 
or  corporation  from  paying  to  the  city  of  Chicago  any  amount  or 
amounts  which  may  now  be  required  to  be  paid  by  such  other  com- 
pany or  corporation  for  the  maintenance  of  said  viaduct  and  bridge. 

1 10.  Alterations  of  viaduct  and  river  bridge.]  § 10.  The 

permission  and  authority  herein  granted  are  upon  the  further  express 
condition  that  the  said  Lake  Street  Elevated  Railway  Company  shall, 
at  its  own  cost  and  expense,  make  all  changes  and  alterations  neces- 
sary to  render  the  viaduct  and  river  bridge,  and  their  respective  found- 
ations and  sub-structures,  adequate  in  strength  and  ample  in  form  and 
proportions  to  meet  the  demands  and  requirements  of  said  elevated 
railway  structure  and  its  equipment  such  changes  and  alterations  to  be 
made  subject  to  the  approval  of  the  commissioner  of  public  works. 

If  11.  Compensation  for  use  of  viaduct  and  bridge — adver- 
tisements prohibited.]  § 11.  The  permission  and  authority  herein 
granted  are  upon  the  further  express  condition  that  the  said  Lake 


890 


RAILWAYS ELEVATED. 


[§  395 


Street  Elevated  Railway  Company  shall,  from  and  after  May  i,  1893, 
for  and  in  consideration  of  the  use  of  the  viaduct  and  bridge  aforesaid, 
pay  to  the  city  of  Chicago  annually,  exclusive  of  the  mileage  rate  pre- 
scribed in  section  nine  (9)  and  the  requirements  provided  in  section 
ten  (10),  the  following  sums,  to  wit:  $488.00  annually,  which  is  five 
per  centum  on  one-fourth  the  original  cost  of  said  viaduct,  also  one- 
fourth  the  annual  maintenance  of  said  structure.  Also,  $2,361.00  an- 
nually, which  is  five  per  centum  on  one-third  the  original  cost  of  said 
river  bridge;  also,  one-third  the  annual  maintenance  and  cost  of 
operating  said  swing  bridge;  provided,  however,  in  case  a new  viaduct 
or  bridge  shall  be  constructed  and  erected  in  place  of  the  present  struc- 
tures named,  or  either  of  them,  during  the  term  of  this  ordinance,  then 
the  said  elevated  railway  company,  or  its  successors  or  assigns,  shall 
pay  to  the  city  of  Chicago  their  proportion  of  the  cost  thereof,  which 
proportion  shall  be  determined  by  the  mayor,  commissioner  of  public 
works  and  president  of  said  railway  company.  No  part  of  the  railway 
structure  constituting  the  roadway  shall  be  used  for  any  kind  of  pub- 
lic advertisements. 

% 12.  Fare — police,  etc.,  to  ride  free.]  § 12.  The  rate  of 
fare  to  be  charged  or  collected  upon  trains  to  be  run  upon  the  said 
elevated  structure  shall  not  exceed  five  (5)  cents  per  passenger  for-  any 
continuous  trip  over  the  line  of  road  hereby  authorized  to  be  built  and 
over  any  other  line  of  said  company  operated  on  said  Lake  street,  or 
for  any  distance  on  any  of  the  connecting  lines  of  said  company  with- 
in the  present  or  future  city  limits,  by  said  company  or  its  successors 
and  assigns;  Provided,  no  fare  shall  be  collected  from  any  policeman 
nor  member  of  the  fire  department  in  uniform,  nor  from  United 
States  letter  carriers  when  in  uniform. 

If  13.  Stations— heating  and  lighting — stairs — connections 
with  streets,  etc.]  § 13.  Permission  and  authority  are  hereby  grant- 
ed to  said  company  to  construct  neat  and  commodious  pas- 
senger stations  of  easy  and  convenient  access  and  whose 
architectural  details  and  general  design  shall  be  of  recognized 
excellence,  similar  in  style  to  the  stations  erected  on  the  line 
of  the  Sixth  avenue  elevated  railroad  in  the  city  of  New  York, 
and  which  shall  be  erected  and  maintained  along  said  line  at  conveni- 
ent and  appropriate  distances  apart,  generally  about  one-quarter  of  a 
mile.  All  such  station  buildings  and  appurtenances  and  likewise  all 
passenger  cars,  when  the  latter  are  in  use,  shall  be  comfortably  heated 
during  the  winter  months,  or  whenever  necessary  at  any  season.  They 
shall  be  properly  lighted  with  gas,  electricity  or  otherwise,  and  thor- 
oughly ventilated  at  all  seasons.  The  system  of  illumination  and  the 
sanitary  fixtures  and  appliances  adopted  and  used  shall  be  such  as  are 
recognized  of  the  best  kind  for  the  purposes  to  which  they  are  applied. 
The  platforms  of  all  of  said  passenger  stations  shall  be  free  from  ob- 
structions or  projections  of  any  kind,  and  all  of  such  platforms  and  the 
line  of  stairs  leading  to  and  from  the  same  shall  be  securely  protected 


395] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


891 


by  strong  wrought  iron  or  steel  railings,  not  less  than  three  and  one- 
half  feet  high.  The  entire  structure  shall  be  neatly  painted  and  so 
maintained  at  all  times.  The  permission  and  authority  to  locate,  con- 
struct and  maintain  all  such  requisite  platforms,  landings  and  lines  of 
stairs  leading  to  and  from  the  sidewalk  of  the  street  and  the  right  to 
construct  and  maintain  said  elevated  stations  are  herein  expressly 
granted  said  company.  All  the  plans  and  dimensions  of  requisite 
platforms,  landings  and  stairs  leading  to  and  from  the  sidewalk  of  the 
street  to  be  subject  to  the  approval  of  the  commissioner  of  public 
works.  Nothing  herein  contained,  however,  shall  prohibit  said  com- 
pany from  locating  and  maintaining  its  stations  in  buildings  which  it 
may  purchase,  lease  or  erect  on  ground  purchased  or  acquired,  by 
condemnation,  lease  or  otherwise,  along  its  lines  and  wherever  it  may, 
for  the  convenience  and  comfort  of  its  patrons,  place  its  ticket  offices, 
waiting  rooms,  sanitary  accommodations,  stairways,  elevators  and  all 
requisite  methods  of  ingress  and  egress.  The  right  to  construct  and 
maintain  passage  ways  or  connections  between  the  interior  of  all  such 
station  buildings  and  the  exterior  platforms  is  hereby  granted  to  said 
company.  But  none  of  the  matters  authorized  within  the  street  lines 
by  this  section  shall  be  constructed  without  the  written  approval  of 
the  plans  by  the  commissioner  of  public  works. 

I 14.  Use  of  structure — limitation— motive  power.]  g 14. 
The  said  company,  its  successors  and  assigns,  are  hereby  authorized 
to  construct,  maintain  and  operate,  on  the  structure  hereby  authorized, 
two  railroad  tracks,  with  such  side  tracks,  turnouts,  switches,  curves, 
telegraph,  telephone  and  signal  devices  as  may  become  necessary  or 
proper,  and  to  use  and  operate  upon  the  railroad  tracks  hereby  au- 
thorized, locomotives  or  other  engines  or  motors  and  cars,  which  may 
be  propelled  by  steam,  electric  or  other  species  of  power;  Provided, 
however,  that  the  said  tracks  are  not  to  be  used  for  any  other  purpose 
except  for  the  transportation  of  passengers  within  the  city  of  Chicago 
and  that  said  tracks  shall  not  be  used  for  transportation  over  the  same 
of  the  cars,  or  other  rolling  stock,  of  any  surface  or  other  railroad. 
The  city  of  Chicago  shall  have  the  right  to  use,  without  charge,  the 
structure  authorized  by  this  ordinance  for  placing  thereunder  its  po- 
lice, fire  alarm,  telephone,  electric  light  and  power  wires;  Provided, 
however,  that  all  the  electric  light  or  power  wires,  whether  owned  by 
said  company  or  the  city,  shall  be  properly  enclosed  and  protected. 

1 15.  Smoke— noise,  etc.— drippings— fuel — wires.]  § 15. 

The  motive  power  shall  be  fully  equipped  with  all  modem  devices 
calculated  to  render  it  practically  noiseless  and  smokeless  and  to  pre- 
vent the  discharge  of  cinders  and  sparks,  and  suitable  and  practicable 
devices  shall  be,  likewise,  placed  beneath  all  station  buildings  and 
platforms,  and  at  all  street  crossings,  to  intercept  and  carry  off  storm 
water  and  drippings,  from  melting  snow  or  other  sources,  and  similar 
devices  shall  also  be  applied  to  both  motive  and  rolling  stock  to  in- 
tercept and  hold  all  cinders,  ashes,  oils  or  anything  that  may  drop  from 


892 


RAILWAYS ELEVATED. 


[§  395 


passing  trains  to  the  surface  of  the  street  beneath  the  structure;  Pro- 
vided, that  no  wood  or  bituminous  coal  shall  be  used  as  fuel  in  the 
engine  of  any  locomotive  employed  in  conducting  trains  upon  such 
elevated  structure;  And,  provided,  further,  that  if  said  company  shall 
operate  its  cars  by  electricity,  all  wires  for  such  purpose  shall  be  con- 
fined in  conduits  located  along  the  girders  at  a distance  of  not  less 
than  fourteen  (14)  feet  above  the  established  grades  of  sidewalks, 
streets  and  alleys. 

If  16.  Rights  reserved — speed — heating,  etc.]  § 16.  The 

privileges  hereby  granted  are  subject  to  all  general  ordinances  of  the 
city  of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference 
to  elevated  railways.  And  the  city  of  Chicago  reserves  to  itself  the 
right  of  regulating,  by  ordinance,  the  rate  of  speed  at  which  said  trains 
shall  run,  and  also  the  right  to  regulate  the  heating  of  cars  and  sta- 
tions, and  also  the  right  to  impose  such  regulations  as  the  council  may 
deem  necessary  for  the  protection,  convenience  and  safety  of  the  pub- 
lic. 

If  17.  Successors  and  assigns  to  accept  ordinance.]  § 17. 

The  successors  or  assigns  of  said  company  shall  be  held,  at  all  times 
and  in  all  places,  to  have  jointly  and  severally  accepted  and  agreed  to 
keep  and  perform  all  the  terms,  conditions  and  obligations  of  said  com- 
pany, arising  under  the  provisions  imposed  by  this  ordinance,  the 
same  as  if  the  rights  and  authority  granted  by  the  ordinance,  and  the 
terms  and  conditions  stated  herein,  had  been  granted  to  its  successors 
or  assigns  by  name  and  accepted  by  it  or  them.  And  unless  its  suc- 
cessors or  assigns  shall  execute,  in  writing,  an  appropriate  acceptance 
and  ratification  of  this  ordinance,  and  of  all  its  terms  and  provisions, 
in  manner  and  form  so  to  enable  the  city  of  Chicago  to  enforce  and  re- 
quire the  performance  of  each  and  every  of  said  terms  and  provisions 
by  such  successors  or  assigns,  the  city  council  of  the  city  of  Chicago 
may,  at  any  time  thereafter,  by  ordinance,  cancel,  annul  and  revoke 
such  permission  and  authority  and  prevent  the  exercise  of  the  same. 

1 18.  Rights  reserved— grades — pavements.]  § 18.  The 
city  of  Chicago  reserves  the  right,  at  any  time  whenever  it  may  deem 
it  necessary,  to  change  the  grade  of  any  street  or  alley  over  which  the 
said  structure  may  pass,  without  incurring  any  liability  on  the  part  of 
the  city  to  the  said  company,  its  successors  or  assigns,  owning  or 
operating  said  line,  and  upon  notice  of  the  commissioner  of  public 
works,  the  said  company,  its  successors  or  assigns,  shall  change  its 
structure  over  any  street  where  the  grade  has  been  actually  changed 
to  conform  to  an  ordinance  in  such  manner  that  the  distance  and 
heights  provided  in  this  ordinance  shall  be  maintained,  and  such 
change  or  structure  shall  be  without  expense  to  the  city. 

Permission  and  authority  are  given  upon  the  further  express  con- 
dition that  the  said  company  shall  do  no  permanent  injury  to  the  pave- 
ment, gutter,  sidewalk,  water  pipes,  sewer  pipes,  gas  pipes,  electric 


§ 395] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


898 


conduits  or  wires,  or  sidewalk  space,  and  said  company  shall  restore 
the  said  pavement,  gutters,  sidewalks,  water  pipes,  sewer  or  gas  pipes, 
electric  conduits  or  wires  and  the  sidewalk  space,  at  its  own  expense, 
to  a condition  equally  as-  good  as  before  the  building  of  said  elevated 
structure,  and,  if  the  said  company  shall  fail  or  refuse  so  to  do,  the 
same  may  be  done  by  the  city  of  Chicago,  and  the  said  company  shall 
be  liable  to  and  pay  to  the  city  the  cost  thereof.  When  any  excava- 
tion shall  be  made  by  said  company  in  any  street,  alley  or  public  place 
paved  with  wooden  blocks,  the  foundation  boards  or  planks  shall  be 
removed  without  being  cut,  unless  such  cutting  shall  be  authorized 
by  the  commissioner  of  public  works.  No  work  shall  be  commenced 
on  or  in  any  public  street,  avenue,  alley  or  public  place  until  a per- 
mit therefor  shall  be  issued  by  the  commissioner  of  public  works. 

If  19.  Rights  reserved— viaducts— change  of  height.]  § 19. 
The  city  of  Chicago  reserves  the  right,  whenever  it  may  deem  it  neces- 
sary, to  erect  and  construct  a viaduct  and  approaches  thereto  upon 
any  street  over  which  the  said  structure  of  the  said  company  may 
cross,  without  incurring  any  liability  on  the  part  of  the  city  to  said 
company,  its  successors  or  assigns,  for  any  damages  whatsoever,  and 
the  said  company  shall  change  its  structure,  hereby  authorized  to  be 
constructed,  upon  notice  from  the  commissioner  of  public  works,  so  as 
to  allow  of  the  construction  and  the  free  use  of  said  viaduct,  and  if 
said  railway  and  structure  is  maintained  over  the  viaduct,  then  the 
distance  in  height  provided  in  this  ordinance  shall  be  maintained  over 
said  viaduct,  and  such  change  of  structure  shall  be  made  without  ex- 
pense to  the  city  of  Chicago.  And  if  said  company,  after  having  been 
notified,  in  writing,  by  the  commissioner  of  public  works,  to  change 
the  structure  over  any  street  where  the  grade  has  been  changed  in 
fact  and  by  ordinance,  or  after  having  been  notified  to  change  the 
structure  to  conform  to  the  provisions  of  this  section,  where  a viaduct 
is  to  be  built,  shall  fail  so  to  do,  within  a reasonable  time,  then  the 
city  of  Chicago  may  make  such  change,  at  the  expense  of  said  com- 
pany, and  remove  so  much  of  the  structure  as  may  be  necessary  to 
meet  the  demand,  and  said  company  shall  be  liable  to  and  pay  the 
city  the  cost  thereof. 

If  20.  Indemnity  clause— penalty  for  violation.]  § 20.  The 

permission  and^  authority  hereby  granted  are  upon  the  further  ex- 
press condition  that  the  said  railroad  shall  and  will  forever  indemnify 
and  save  harmless  the  city  of  Chicago  against  and  from  any  and  all 
legal  damages,  judgments,  decrees  and  costs  and  expenses  of  the  same, 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  city,  for  or  by  reason  of  the  granting  of  such  privileges  and  au- 
thority, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from, 
the  passage  of  this  ordinance  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company  under  or  by  virtue 


894 


RAILWAYS ELEVATED. 


[§395 


of  the  provisions  of  this  ordinance.  And,  upon  the  recovery  of  any 
final  judgment  against  the  said  city  of  Chicago,  as  aforesaid,  and  the 
failure  of  said  company  to  pay  the  same  within  sixty  days  after  notice 
has  been  given  to  said  company,  all  the  rights  herein  given  under  this 
ordinance  shall  cease  and  determine  and  the  city  of  Chicago  shall, 
thereupon,  have  the  right,  through  its  proper  officer,  to  enter  upon 
the  right  of  way  of  said  company  and  take  possession  thereof,  and  of 
all  the  appurtenances  of  said  elevated  railway,  and  possess  the  same 
with  full  power  to  operate  said  road  until  said  company  has  discharged 
all  the  obligations  imposed  upon  it  in  this  section. 

% 21.  Compensation — annual  license  fee.]  § 21.  On  the 
first  day  of  May  in  each  year  said  company  shall  pay  to  the  city  of 
Chicago  an  annual  license  fee  of  fifty  (50)  dollars  for  each  and  every 
car  used  by  said  company  in  transporting  passengers  for  hire,  and  at 
the  time  of  said  payment,  said  company  shall  file  with  the  city  collector 
an  affidavit,  subscribed  and  sworn  to  by  its  president  or  other  officer 
of  said  company,  stating  the  number  of  cars  so  used  by  said  company. 
Upon  such  payment  being  made,  the  city  clerk  shall  issue  a license  to 
said  company  for  each  of  its  cars  so  used,  which  license  shall  be  issued 
as  other  licenses  are  issued,  and  each  license  shall  contain  the  num- 
ber of  the  car  for  which  the  same  is  paid,  and  which  license  shall  be 
posted  by  said  company  in  some  conspicuous  place  inside  of  each  car 
so  licensed  and  shall  correspond  in  number  to  that  of  the  said  car; 
Provided,  however,  that  such  cars  shall  not  already  be  liable  for  the 
payment  of  a license  fee  by  virtue  of  any  other  ordinance  granted  to 
said  company,  its  successors  or  assigns. 

T 22.  Location  of  structure— specifications.]  § 22.  That 
portion  of  the  structure  beginning  at  the  east  line  of  Crawford  avenue, 
thence  west  to  city  limits,  shall  be  built  and  erected  in  conformity  with 
the  requirements  of  this  ordinance,  as  far  as  practicable,  except  as  in 
this  section  otherwise  provided,  viz. : All  material  used  for  that  pan 
of  the  structure  west  of  the  west  line  of  Rockwell  street  above  the 
ground  shall  be  wrought  iron  or  steel,  except  the  rails,  which  shall  be 
of  steel  only,  except  upon  ties  supporting  the  rails,  and  guard  rails, 
which  shall  be  of  the  best  quality  and  kind  of  selected  lumber. 

(a)  The  general  plan  or  plans  of  structure  shall  be  of  an  elevated 
railroad,  with  the  track  or  tracks  supported  or  upheld  upon  or  by  a 
row  or  rows  of  iron  posts  or  iron  columns. 

(b)  The  transverse  diameter  of  each  post  or  column  placed  in  the 
roadway  shall  not  exceed  fifteen  ( 1 5)jinches  at  the  base,  and  thence  for 
at  least  ten  (10)  feet  above  the  surface  of  the  roadway. 

(c)  The  longitudinal  distance  between  the  columns  shall  not  be  less 
than  thirty-five  (35)  feet,  except  on  curves. 

(d)  No  part  of  the  girders  on  the  superstructure  shall  be  less  than 
fourteen  feet  above  the  present  established  grade  of  streets  and  alleys, 
and  wherever  said  elevated  railroad  crosses  and  passes  over  the  right 


§ 3951  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  895 

of  way  and  tracks  of  existing  steam  surface  railroads,  the  clear  head- 
room  between  the  lower  chords  of  all  said  girders  and  the  surface  of 
the  rails  of  said  surface  railroad  shall  not  be  less  than  twenty  (20)  feet. 

(e)  And  said  structure  shall,  west  of  said  Crawford  avenue,  con- 
form as  near  as  practicable  to  that  now  in  process  of  erection  by  the 
Chicago  & South  Side  Rapid  Transit  Railroad  Company,  under  the 
provisions  of  an  ordinance  passed  March  26th,  1888,  by  the  city  coun- 
cil of  Chicago. 

(f)  And  said  structure  west  of  Rockwell  street  shall  occupy  the  cen- 
ter twenty-one  feet  and  five  inches  of  the  established  roadway  of  said 
West  Lake  street,  and  the  columns  to  support  the  girders  and  rails  of 
said  structure  shall  be  placed  at  the  outer  lines  of  said  twenty-one  feet 
and  five  inches  hereby  authorized  to  be  so  occupied. 

T 23.  Grant  of  loop  east  of  Market  street— route.]  § 23. 

That  permission  and  authority  be  and  the  same  are  hereby  given  to 
the  said  Lake  Street  Elevated  Railway  Company,  a corporation  or- 
ganized under  the  laws  of  the  state  of  Illinois,  its  successors  and  as- 
signs, to  build,  construct  and  maintain  an  elevated  structure  and  place 
thereon  a double  railway  track  and  operate  thereon  railroad  cars,  with 
the  necessary  switches,  side  tracks  and  turnouts,  over  such  land  or 
lands  as  it  may  acquire,  by  purchase,  lease,  condemnation  or  other- 
wise, and  subject  to  the  rights,  terms,  permissions,  conditions,  require- 
ments and  limitations  as  in  this  ordinance  required,  so  far  as  the  same 
may  be  applicable  for  that  part  of  the  elevated  structure  and  railroad 
hereby  authorized  to  be  built  from  the  west  line  of  Canal  street  to  the 
east  line  of  Market  street,  along,  upon  and  over  the  following  route, 
viz:  Commencing  at  some  point  on  said  structure  and  road  between 
the  east  and  west  line  of  Market  street  and  thence,  upon  a single  rail- 
way track,  in  a southeasterly  direction,  on  grounds  to  be  acquired  by 
said  company  by  purchase,  lease,  condemnation  or  otherwise,  thence 
southeasterly  along  Market  street,  and  keeping  within  twenty-two  (22) 
feet  of  the  easterly  line  thereof,  until  it  shall  reach  the  line  of  Couch 
place,  between  Randolph  and  Lake  streets,  thence  easterly  along 
either  line  of  Couch  place,  keeping  within  twenty-two  (22)  feet  of  said 
line,  until  it  shall  reach  the  line  of  Benton  place,  thence  continuing  in 
an  easterly  direction  along  either  line  of  Benton  place,  keeping  within 
twenty-two  (22)  feet  of  the  same,  until  it  shall  reach  the  line  of  Dear- 
born place,  between  Wabash  and  Michigan  avenues,  thence  northerly 
along  either  line  of  Dearborn  place,  keeping  within  twenty-two  (22) 
feet  of  said  line,  until  it  shall  reach  the  line  of  Haddock  place,  between 
South  Water  and  Lake  streets,  thence  westerly  along  either  line  of 
Haddock  place,  keeping  within  twenty-two  (22)  feet  of  such  line  until 
it  shall  reach  the  west  line  of  Franklin  street,  and  thence,  in  a south- 
westerly  direction,  over  lands  to  be  acquired  by  purchase,  lease,  con- 
demnation or  otherwise,  to  the  place  of  beginning  at  Market  street, 
and  there  connect  with  the  structure  and  railroad  authorized  to  be 


896 


RAILWAYS ELEVATED. 


built  by  this  ordinance;  but  said  company  shall  not  take,  for  the  pur- 
pose of  constructing  a loop  line  hereby  authorized,  more  than  twenty- 
two  (22)  feet  following  the  line  of  streets,  alleys  or  places  heretofore 
described  as  near  as  practicable. 

Tf  24.  Approval  of  plans— time  Jor  completion.]  § 24.  All 

work,  materials,  plans  and  specifications  for  the  construction  of  said 
elevated  railroad,  whether  hereinabove  provided  for  or  not,  and  which 
may  become  necessary  and  proper,  shall  be  subject  to  the  approval  of 
the  commissioner  of  public  works,  who  is  hereby  authorized  to  ap- 
prove the  same.  And  the  said  structure  authorized  by  this  ordinance 
shall  be  fully  completed  and  trains  operated  thereon  within  three  (3) 
years  from  and  after  the  passage  of  this  ordinance,  otherwise  it  shall 
be  null  and  void;  Provided  that  the  time  during  which  any  legal 
proceedings  shall  be  pending,  whereby  the  said  company,  its  success- 
ors and  assigns,  shall  be  prevented  from  or  delayed  in  constructing  its 
railroad  to  any  part  thereof,  shall  not  be  taken  or  deemed  to  be  any 
part  of  the  time  specified;  Provided,  however,  that  the  city  may  in- 
tervene in  any  suit  and  move  for  its  dismissal  in  the  name  of  said  com- 
pany, in  case  such  suit  may  be  deemed  by  the  city  as  collusion  or  for 
the  purpose  of  delay  or  extension  of  time. 

If  25.  Term  of  grant— right  of  purchase— appraisal.]  § 25. 

The  permission  and  authority  hereby  granted  shall  continue  for  a 
period  of  forty  (40)  years;  Provided,  however,  at  the  end  of  twenty- 
five  (25)  years  the  city  of  Chicago  shall  have  the  right  to  purchase  the 
elevated  railway  structure,  and  the  property  and  equipments  of  said 
company  pertaining  to  said  elevated  railway,  at  an  appraised  value, 
such  value  to  be  ascertained  and  determined  by  three  competent  ap- 
praisers, who  shall  have  free  access  to  all  the  books,  papers  and  other 
data  bearing  upon  the  subject.  Said  appraised  value  shall  not  include 
the  value  of  any  rights,  privileges  or  franchises  granted  by  the  city  of 
Chicago.  One  of  said  appraisers  shall  be  appointed  by  the  mayor  of 
the  city  of  Chicago,  one  by  the  said  elevated  railway  company  and 
one  by  the  two  so  selected,  and  if  they  can  not  agree  upon  the  third 
appraiser,  then  any  one  of  the  chancellors  of  the  circuit  court  of  Cook 
county  may  appoint  him.  The  said  appraisers  shall  make  report  upon 
the  value  of  said  property,  within  six  (6)  months  after  their  appoint- 
ment, to  the  mayor  and  city  council,  and  said  mayor  and  city  council 
shall  have  the  option,  any  time  within  six  (6)  months  after  receipt  of 
said  report,  to  purchase  said  railway  structure  and  all  its  property, 
appurtenances  and  equipments  at  the  appraised  value. 

If  26.  Construction  of  ordinance.]  § 26.  This  ordinance 
shall  be  taken  and  construed  to  include  the  elevated  railway  authorized 
to  be  constructed  on  Lake  street,  from  Ca£nal  street  to  Crawford  ave- 
nue, and  not  as  authorizing  another  elevated  railway  over  the  same 
route;  Provided,  however,  the  said  elevated  railway  heretofore  au- 


§ 396] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANV. 


897 


thorized  is  and  shall  be  subject  to  all  the  conditions,  provisions  and 
requirements  of  this  ordinance. 

1 27.  When  in  force— acceptance— bond.]  § 27.  This  or- 

dinance shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  as  soon  as  the  said  company  shall  file  with  the  city  clerk  its  formal 
acceptance  of  the  same  and  a bond  conditioned  for  the  faithful  ob- 
servance of  the  conditions  of  the  ordinance,  in  the  penal  sum  of  fifty 
thousand  dollars,  to  be  approved  by  the  mayor;  Provided,  said  ac- 
ceptance and  bond  shall  be  filed,  and  said  bond  approved,  within 
thirty  (30)  days  from  the  passage  thereof.  But  said  bond,  nor  the 
amount  thereof,  shall  not  be  construed  as  preventing  the  city  from  re- 
covering from  said  company  any  amount  of  damage  which  it  may  have 
sustained  as  aforesaid  in  excess  of  the  said  sum  mentioned  in  said 
bond. 

§ 396.  Lake  Street  Elevated  Railway  company 
1.  Preamble. 

T[  2.  Refund  of  deposit — bond — conditions. 

3.  Conditions  complied  within  release. 

.An  ordinance  authorizing  thecity  treasurer  to  refund  to  the  Lake  Street  Elevated 
Railway  company  the  deposit  required  under  the  ordinances  passed  Decem- 
ber 28,  1888  and  November  24,  1890.  (Passed  November  30,  1891.) 

Tf  1.  Preamble.]  Whereas,  under  an  ordinance  passed  December 
28th,  1888,  by  the  city  council  of  the  city  of  Chicago,  granting  certain 
rights  to  the  Lake  Street  Elevated  Railway  Company,  $100,000  was 
deposited  with  the  city  of  Chicago  for  the  performance  of  the  terms  and 
conditions  of  said  ordinance;  and,  whereas,  on  November  24th,  1890,  a 
certain  other  ordinance  was  passed  concerning  said  Lake  Street  Elevated 
Railway  Company  and  granting  to  it  certain  rights  therein  named,  and 
providing  for  certain  matters  relating  to  said  $100,000,  as  set  forth  in 
section  19  of  said  last  mentioned  ordinance;  and,  whereas,  the  public 
convenience  and  interest  requires  that  said  road  should  be  constructed 
and  put  in  operation  as  soon  as  possible;  and,  whereas,  said  company, 
having  shown  its  good  faith  in  the  performance  of  the  conditions  and 
requirements  in  said  two  ordinances  mentioned  and  having  expended 
in  the  construction  of  its  said  railway,  along  and  over  Lake  street  in 
the  city  of  Chicago,  nearly  $1,000,000,  thereby  showing  its  good  inten- 
tions in  the  performance  of  the  conditions  and  requirements  of  said  or- 
dinances; and,  whereas,  it  is  represented  to  the  city  council  of  the  city 
of  Chicago  that,  in  case  said  $100,000  is  returned  to  said  railroad  com- 
pany, it  will  complete  the  structure  and  put  trains  thereon  and  operate 
the  same,  and  build  a bridge  across  the  river,  as  required  in  said  ordi- 
nance of  November  24th,  1890,  and  will  comply  with  the  conditions  of 
certain  other  ordinances  passed  on  said  date,  November  24th,  1890, 
concerning  said  railroad  company;  therefore, 

If  2.  Refund  of  deposit— bond— conditions.]  Be  it  ordained 

by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the  city  treas- 


57 


898 


RAILWAYS ELEVATED. 


[§  397 


urer  of  the  city  of  Chicago  be,  and  he  is  hereby,  authorized  and  directed 
to  refund  to  said  Lake  Street  Elevated  Railway  Company  the  $100,000 
deposited  by  it  under  the  terms  and  conditions  of  the  ordinances  passed 
December  28th,  1888,  and  November  24th,  1890,  upon  said  Lake  Street 
Elevated  Railway  Company  filing  with  the  comptroller  a good  and 
sufficient  bond,  in  the  penal  sum  of  $200,000,  conditioned  that  said 
company  will  faithfully  carry  out  and  perform  all  the  conditions  and 
requirements  required  in  section  19  of  said  ordinance  of  Nov.  24th, 
1890,  to  the  same  effect  and  purpose  that  said  $100,000  was  deposited 
to  secure  ; and, 

If  3.  Conditions  complied  with — release.]  § 2.  That,  where- 

as, said  company  has  substantially  complied  with  the  first  condition  of 
section  19,  as  to  the  payment  of  $50,000,  that  said  bond  should  not  be 
conditioned  to  require  any  further  performance  as  to  the  said  first  $50,- 
000  authorized  to-  be  paid  in  section  19. 

§ 397.  Lake  Street  Elevated  Railway  company. 

1.  Preamble. 

2.  Assignment  of  ordinances — confirmed  by  city. 

3.  Bond — conditions. 

4.  When  in  force. 

An  ordinance  consenting  to  and  confirming  the  assignment  and  transfer  by  the 
Lake  Street  Elevated  Railway  company  to  the  Lake  Street  Elevated  Rail- 
road company  of  two  ordinances  passed  November  24,  1890.  (Passed  De- 
cember 19,  1892.) 

1”  1.  Preamble.]  Whereas,  the  Lake  Street  Elevated  Railway 
Company  has  assigned  to  the  Lake  Street  Elevated  Railroad  Company 
all  rights,  under  the  ordinances  passed  by  the  city  council  of  the  city 
of  Chicago,  authorizing  said  railway  company  to  construct,  operate 
and  maintain  an  elevated  railroad  within  the  city  of  Chicago,  and  more 
particularly  the  ordinances  passed  by  the  city  council  November  24th, 
1890,  granting  to  said  Lake  Street  Elevated  Railway  Company  the 
right  to  construct,  operate  and  maintain  an  elevated  railroad  as  therein 
set  forth;  and,  whereas,  said,  the  Lake  Street  Elevated  Railroad  Com- 
pany has  filed  with  the  city  council  the  following  acceptance  of  the 
said  ordinances,  viz.: 

Whereas,  on  the  30th  day  of  August,  1892,  The  Lake  Street  Elevated 
Railway  Company  did  assign,  transfer,  set  over  and  deliver  to  the  under- 
signed, The  Lake  Street  Elevated  Railroad  Company,  all  right,  title,  interest, 
benefit  and  advantage  said  Lake  Street  Elevated  Railway  Company  had  in 
and  to  a certain  ordinance  passed  by  the  city  council  of  the  city  of  Chicago, 
Illinois,  on  the  24th  day  of  November,  1890,  authorizing  the  said  Lake  Street 
Elevated  Railway  Company  to  construct,  maintain  and  operate  an  elevated 
railroad  from  the  west  line  of  Canal  street  to  Crawford  avenue,  along,  over 
and  upon  Lake  street  in  said  city.  Now,  therefore,  for  and  in  consideration 
of  the  assignment  and  transfer  of  all  right,  title,  interest,  benefit  and  ad- 
vantage said  Lake  Street  Elevated  Railwray  Company  had  in  and  to  said 
ordinance  and  certain  other  good  and  valuable  considerations,  the  said  The 
Lake  Street  Elevated  Railroad  Company  does,  for  itself,  its  successors  and 
assigns,  hereby  accept  and  agree  to  do,  keep,  perform  and  fulfill  all  the 


§ 397] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


899 


terms,  conditions  and  obligations  of  said  ordinance  and  all  obligations  of 
said  Lake  Street  Elevated  Railway  Company,  arising  under  the  provisions 
of  said  ordinance,  the  same  as  if  all  the  rights,  benefits  and  advantages 
granted  by  said  ordinance,  upon  the  terms  and  conditions  and  obligations 
stated  therein,  had  been  in  the  first  instance  granted  to  the  said  The  Lake 
Street  Elevated  Railway  Company,  its  successors  and  assigns,  and  accepted 
by  it  or  them  and  said  The  Lake  Street  Elevated  Railroad  Company  does 
hereby  accept  and  ratify  all  the  terms,  conditions,  provisions  and  obliga- 
tions of  said  ordinance  so  passed,  as  aforesaid,  November  24,  1890,  therein 
set  forth  and  required  of  said  Lake  Street  Elevated  Railway  Company.  In 
witness  whereof,  the  said  The  Lake  Street  Elevated  Railroad  Company  lias 
caused  its  name  to  be  herewith  subscribed  by  its  president  and  attested  by 
its  secretary,  and  its  corporate  seal  to  be  hereto  attached,  this  30th  day  of 
August,  A.  D.  1892. 

The  Lake  Street  Elevated  Railroad  Company, 

By  Patrick  H.  Rice,  President. 

Attest: 

[Seal.]  Otis  W.  Bruner,  Secretary. 

Whereas,  on  the  30th  day  of  August,  1892,  the  Lake  Street  Elevated  Rail- 
way Company  did  assign,  transfer,  set  over  and  deliver  to  the  undersigned, 
The  Lake  Street  Elevated  Railroad  Company,  all  right,  title,  interest,  benefit 
and  advantage  said  Lake  Street  Elevated  Railway  Company  had  in  and  to  a 
certain  ordinance  passed  by  the  city  council  of  the  city  of  Chicago,  Illinois, 
on  the  24th  day  of  November,  1890,  authorizing  the  said  Lake  Street  Elevated 
Railway  Company  to  construct,  maintain  and  operate  an  elevated  railroad 
along,  over  and  upon  Lake  street,  commencing  at  the  west  line  of  Crawford 
avenue,  thence  extending  west  to  the  city  limits,  and  commencing  at  the  west 
lino  of  Canal  street,  thence  extending  east  to  the  east  line  of  Market  street, 
and  from  the  east  line  of  Market  street  over  the  route  as  described  in  section 
23  of  said  ordinance.  Now,  therefore,  for  and  in  consideration  of  the 
assignment  and  transfer  of  all  right,  title,  benefit  and  advantage 
said  Lake  Street  Elevated  Railway  Company  had  in  and  to  said  ordinance 
and  certain  other  good  and  valuable  considerations,  the  said  Lake  Street 
Elevated  Railroad  Company  does  for  itself,  its  successors  and  assigns,  here- 
by accept  and  agree  to  do,  keep,  perform  and  fulfill  all  the  terms,  conditions 
and  obligations  of  said  ordinance  and  all  obligations  of  said  Lake  Street 
Elevated  Railway  Company  arising  under  the  provisions  of  said  ordinance, 
the  same  as  if  all  the  rights,  benefits  and  advantages  granted  by  said  ordi- 
nance, upon  the  terms  and  conditions  and  obligations  stated  therein,  had 
been,  in  the  first  instance,  granted  to  the  said,  The  Lake  Street  Elevated 
Railroad  Company,  its  successors  and  assigns,  and  accepted  by  it  or  them, 
and  said  The  Lake  Street  Elevated  Railroad  Company  does  hereby  accept 
and  ratify  all  the  terms,  conditions,  provisions  and  obligations  of  said  ordi- 
nance so  passed,  as  aforesaid,  November  24,  1890,  therein  set  forth  and  re- 
quired of  said  Lake  Street  Elevated  Railway  Company.  In  witness  where- 
of, The  Lake  Street  Elevated  Railroad  Company  has  caused  its  name  to  be 
hereunto  subscribed  by  its  president  and  attested  by  its  secretary,  and  its 
corporate  seal  to  be  hereto  attached,  this  30th  day  of  August,  A.  D.  1892. 

The  Lake  Street  Elevated  Railroad  Company, 

By  P.  H.  Rice,  President. 

Attest: 

[Seal.]  Otis  W.  Bruner,  Secretary. 

1 2.  Assignment  of  ordinances  confirmed  by  city.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That  the 

assignment  and  transfer  by  the  Lake  Street  Elevated  Railway  Com- 
pany to  the  Lake  Street  Elevated  Railroad  Company  of  two  certain 


900 


RAILWAYS ELEVATED. 


[§  398 


ordinances  passed  by  the  city  council  November  24th,  1890,  granting 
the  right  to  said  first  named  company  to  construct,  operate  and  main- 
tain an  elevated  railroad  within  the  city  of  Chicago  and  over  the  route 
described  in  said  ordinance  be,  and  the  same  is  hereby,  consented  to 
and  confirmed  by  the  city  council  and  that  said  the  Lake  Street  Ele- 
vated Railroad  Company  is  hereby  authorized  to  build,  construct, 
maintain  and  operate  an  elevated  railroad  along,  upon  and  over  the 
route  described  in  said  two  ordinances  of  November  24th,  1890,  run- 
ning to  the  Lake  Street  Elevated  Railway  Company,  with  as  full 
power  and  authority  and  subject  to  all  the  terms,  conditions,  obliga- 
tions and  requirements  in  said  two  ordinances  contained,  and  with  as 
full  power,  right  and  authority  as  though  the  Lake  Street  Elevated 
Railroad  Company  had  been  named  in  said  ordinance,  instead  of  the 
Lake  Street  Elevated  Railway  Company;  Provided,  said  railroad 
company,  as  such  assignee,  shall  have  the  said  road  from  Canal  street 
to  Crawford  avenue  completed  and  in  operation  within  the  time  lim- 
ited under  section  24  of  the  ordinance  of  November  24th,  1890,  for 
the  extension  of  said  road  from  Crawford  avenue  to  the  city  limits 
and  from  Canal  street  eastward,  viz.:  on  or  before  November  24th, 

1893- 

If  3.  Bond — conditions.]  § 2.  Before  the  said  company 

shall  be  entitled  to  enjoy  the  privileges  conferred  by  this  ordinance  it 
shall  execute  a good  and  sufficient  bond  to  the  city  of  Chicago,  with 
approved  sureties  in  the  sum  of  $200,000,  conditioned  for  the  faithful 
performance  by  the  said  company  of  all  the  terms,  requirements  and 
conditions  imposed  upon  and  undertaken  by  it  in  and  by  the  said  sev- 
eral ordinances  under  which  its  rights  in  the  public  streets  are  derived; 
said  bond  shall  be  approved  by  the  commissioner  of  public  works. 

i[  4.  When  in  force.]  , § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 398.  Lake  Street  Elevated  Railway  company. 

1.  Grant  of  routes. 

i[  2.  Right  to  cross  river — bridges— supervision. 

\ 3.  Plans  and  specifications. 

4.  Powers  granted — construction — motive  power. 

5.  Conditions  of  grant — use  of  structure — penalty  for  violation. 
*|'  6.  Specifications — speed — fare. 

T|  7.  Stations — stairs — cars — lighting  and  heating — fuel — drippings, 
y 8.  Rights  reserved — grades — viaducts,  etc. 

9.  Rights  reserved — crossing  of  other  roads — track  elevation. 

•j[  10.  Conditions — time  for  completion, 
if  11.  Indemnity  clause, 
if  12.  Compensation, 
if  13.  Procuring  right  of  way. 

if  14.  Use  of  structure  by  city — police,  etc.,  to  ride  free, 
if  15.  Restoration  of  streets — space  under  railroad 
if  16.  Bond — condition. 
i[  17.  When  in  force. 


§ 39^]  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  901 

An  ordinance  granting  permission  and  authority  to  the  Lake  Street  Elevated 
Railroad  company  to  construct,  maintain  and  operate  an  elevated  railroad 
and  branches  in  the  city  of  Chicago.  (Passed  May  15,  1893.  Accepted  July 
13.  1893.) 

IT  1.  Grant — routes.]  Be  it  ordained  by  the  city  council  of 

the  city  of  Chicago1:  § i.  That  permission  and  authority  be,  and  the 
same  are  hereby,  given  and  granted  to  the  Lake  Street  Elevated  Rail- 
road Company,  a corporation  under  the  laws  of  the  state  of  Illinois,  to 
construct,  maintain  and  operate,  for  the  period  of  fifty  (50)  years,  from 
and  after  the  passage  hereof,  an  elevated  railroad  and  branches,  with 
two  or  more  adjoining,  not  exceeding  four,  tracks,  as  the  company 
may,  from  time  to  time,  determine  it  will  be  necessary,  and  such  curves, 
spurs,  side  tracks,  switches,  sidings,  turnouts,  connections,  supports, 
columns,  girders,  telegraphs,  telephones  and  signal  and  other  devices 
as  the  company  may,  in  like  manner,  deem  necessary  for  operating  its 
road  along  and  upon  the  following  routes  in  the  city  of  Chicago,  county 
of  Cook  and  state  of  Illinois,  to  wit: 

First — Beginning  at  a point  upon  Lake  street,  between  the  east 
line  of  La  Salle  street  and  Jefferson  street,  and  running  from  said  place 
in  a northeasterly  or  northerly  direction  to  a point  on  Fullerton  avenue, 
between  Sheffield  avenue  and  Larrabee  street,  thence  from  said  last 
mentioned  point  in  a northwesterly  and  northerly  direction  to  the  city 
limits. 

Second — Also  a branch  line,  beginning  on  the  main  line  of  road  at 
Market  and  Lake  streets,  running  thence  in  a southerly  direction,  along 
Market  street  to  the  south  line  of  Madison  street;  Provided,  said  line 
of  road  upon  Market  street  shall  not  occupy,  with  its  posts,  more  than 
twenty-two  (22)  feet  of  said  street  on  such  part  of  said  street  as  may  be 
designated  by  the  mayor  and  commissioner  of  public  works  and  ac- 
cepted by  said  railroad  company,  and  no  more  than  two  main  tracks 
shall  be  laid  upon  said  Market  street  ; and  provided,  in  leaving  its  main 
line  of  road  upon  Lake  street,  it  may  make  the  necessary  curves  to  build 
the  line  of  road  hereby  authorized  upon  Market  street. 

Third — Also  a line  of  road  connecting  at  the  west  line  of  Canal  street 
with  the  line  of  road  heretofore  authorized  to  be  built  from  the  west 
line  of  Canal  street  to  the  city  limits,  thence  extending  east  from 
said  west  line  of  Canal  street  to  the  east  line  of  Market  street,  extended 
north,  with  the  right  and  privilege  to  cross  the  viaduct  and  bridge  on 
said  line  between  Canal  and  Market  streets.  Subject,  however,  to  the 
conditions,  requirements  and  stipulations  for  a viaduct  and  bridge  along 
said  line  between  Canal  and  Market  streets,  as  prescribed  in  sections  8, 
9,  10  and  11  of  an  ordinance  passed  by  the  city  council  on  November 
24th,  1890,  and  now  owned  by  said  company,  the  same  as  though  said 
sections  were  specifically  incorporated  herein,  and  to  the  same  effect  as 
though  said  company  had  been  named  therein,  except  so  far  as  the 
provisions  in  said  sections  have  been  heretofore  complied  with  by  said 
company.  The  rights  and  privileges,  so  far  as  said  ordinance  relates  to 
the  line  of  road  authorized  to  be  built  between  the  west  line  of  Canal 


902 


RAILWAYS ELEVATED. 


[§  398 


street  and  the  east  line  of  Market  street,  is  hereby  re-adopted,  passed 
and  confirmed,  and  the  said  line  of  road  between  the  west  line  of  Canal 
street  and  the  east  line  of  Market  street,  extended  north,  shall  be  built 
in  all  respects,  as  to  the  structure  and  foundations,  as  required  by  said 
ordinance  of  November  24th,  1890. 

Fourth — Also  beginning  at  a point  on  the  main  line  of  said  road  on 
Lake  street,  within  a distance  of  750  feet  either  way  from  Halsted  street, 
and  running  thence  from  said  last  named  point  in  a southerly  direction 
to  the  city  limits. 

Fifth — Also  a branch  commencing  at  some  point  on  the  main  line 
of  said  road  on  Lake  street,  between  Hamlin  avenue  on  the  east  and 
West  Forty-first  street  on  the  west,  and  thence  in  a southerly  direction 
to  south  line  of  Madison  street. 

Sixth — Also  a branch  commencing  at  some  point  on  the  main  line 
of  said  road  on  Lake  street,  between  Rockwell  street  on  the  east  and 
California  avenue  on  the  west,  and  thence  in  a northerly  direction  to 
Diversey  street,  and  thence,  in  a northwesterly  direction,  to  the  city 
limits. 

Seventh — Said  lines  of  road  hereby  authorized  in  the  1,  4,  5 and  6 
clauses  shall  be  surveyed  and  a copy  of  said  survey,  certified  to  by  the 
chief  engineer  of  said  company,  shall  be  filed  with  the  commissioner  of 
public  works  on  or  before  January  1st,  1894. 

1”  2.  Right  to  cross  river—  bridges — supervision.]  § 2.  The 

said  'company  may  cross  the  Chicago  river,  or  either  of  its  branches,  by 
means  of  a bridge  or  bridges  hereby  authorized  to  be  constructed  by  it 
upon  such  plan  and  in  such  manner -as  shall  be  approved  by  the  com- 
missioner of  public  works,  but  such  bridge  or  bridges  to  be  so  con- 
structed as  not  to  unnecessarily  obstruct  navigation  or  drainage. 

If  3.  Plans  and  specifications.]  § 3.  The  said  railroad  com- 
pany may  cross  at  an  elevation,  as  hereinafter  specified,  any  and  all 
streets,  avenues,  alleys,  public  places  and  railroad  tracks,  upon  or  along 
the  lines  of  said  roads,  as  designated  in  the  first  section  hereof.  The 
said  railroad  company  shall  prepare,  and  submit  to  the  commissioner 
of  public  works  of  the  city  of  Chicago,  plans  and  specifications  of  a 
standard  section  of  said  railroad  structure  to  be  adopted  by  the  said 
company;  and  the  said  commissioner  shall  forthwith  examine  said  plans 
and  specifications  so  submitted  and,  in  case  said  plans  and  specifications 
conform  to  the  requirements  of  this  ordinance,  said  commissioner  shall 
approve  the  same;  whereupon  the  said  company  may  commence  to 
build  and  erect  said  railroad  and  branches,  as  herein  authorized,  in 
accordance  with  said  plans  and  specifications  so  approved.  The  said 
railroad  and  branches  in  this  ordinance  authorized  shall  be  constructed 
under  and  subject  to  the  inspection  and  supervision  of  the  commis- 
sioner of  public  works  and  his  assistants,  who  shall  see  that  the  same 
is  constructed  in  accordance  with  said  plans  and  specifications,  so  ap- 
proved, and  the  cost  and  expense  of  such  inspection  shall  be  paid  by 
the  said  railroad  company. 


39s] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


903 


IT  4.  Powers  granted— construction— motive  power.]  § 4. 

The  said  company  may,  and  it  is  hereby,  authorized  to  construct,  main- 
tain and  operate  the  said  elevated  railroad  and  branches,  with  one  or 
more  tracks  aforesaid  and  with  such  switches,  curves,  sidings,  turnouts, 
connections,  supports,  columns,  girders,  telegraphs,  telephones  and  sig- 
nals and  other  devices,  as  above  specified  in  the  first  section  hereof, 
over,  upon,  along  and  across  the  streets,  avenues,  alleys  and  public 
places  and  railroad  tracks  and  bridges  aforesaid,  and  over,  along,  upon 
and  across  any  lands  which  it  may  acquire  on  the  said  routes  by  lease, 
purchase,  condemnation  or  otherwise;  and  the  said  railroad  company 
may  use  and  operate  the  railroad  track  or  tracks  hereby  authorized  to 
be  constructed,  with  locomotive  or  other  engines  or  motors  and  cars, 
subject  to  all  ordinances  of  said  city  of  Chicago  now  in  force  or  that 
may  hereafter  be  passed  applicable  thereto.  And  said  commissioner  of 
public  works  shall  issue  no  permit  except  upon  route  as  shall  be  desig- 
nated as  provided  for  in  paragraph  7,  section  one  (1). 

T 5.  Conditions  of  grant — use  of  structure— penalty  for  vio- 
lation.] § 5.  The  rights,  powers  and  privileges  hereby  granted  are 
upon  the  express  condition  that  all  freight  trains  and  other  rolling 
stock  of  surface  steam  railroads  shall  be  absolutely  excluded  from  said 
elevated  railroad,  its  tracks  and  right  of  way,  and  that  it  shall  be  used 
for  moving  its  general  passenger  trains  only,  and  for  accommodating 
and  handling  passenger  traffic  and  the  mails  exclusively,  to  which  end 
the  said  company  shall  cause  its  trains  to>  be  regularly  and  systematic- 
ally moved  at  such  intervals  as  shall  be  necessary  to  accommodate  the 
public,  and  the  number  of  all  such  trains  and  the  frequency  with  which 
they  are  moved  shall  be  increased  as  rapidly  as  the  demands  of  the  pub- 
lic shall  render  necessary  and  the  increase  of  traffic  warrant.  And  the 
consent  and  authority  hereby  given  are  upon  the  express  agreement 
and  condition  that  if  any  portion  of  the  elevated  system  of  said  com- 
pany, authorized  by  this  ordinance,  shall,  at  any  time,  be  used  by  the 
freight  or  passenger  trains  or  by  the  rolling  stock  of  any  surface  rail- 
road company,  then  all  the  rights  and  privileges  herein  granted  shall 
wholly  cease  and  determine  and  be  null  and  void,  and  the  city  council 
of  the  city  of  Chicago  may  order  all  that  portion  of  said  elevated  sys- 
tem located  in  the  streets  and  alleys  of  said  city  to  be  summarily  re- 
moved and  torn  down,  and  the  said  company,  in  its  acceptance  of  this 
ordinance,  shall  agree  that  said  company  shall  not  be  entitled  to  recover 
any  damages  from  said  city  for  such  summary  removal. 

If  6.  Specifications — speed — fare.]  § 6.  The  permission,  au- 
thority and  privileges  herein  granted  are  upon  the  express  condition 
that  the  entire  design  and  plan  of  the  said  railroad  and  all  its  branches 
shall  be  that  of  an  elevated  structure,  and  all  material  used  for  that  part 
of  the  structure  above  the  ground  shall  be  wrought  iron  or  steel,  except 
that  the  post  connections  may  be  of  cast  iron,  and  except  the  rails, 
which  shall  be  of  steel,  and  except  the  ties  or  longitudinal  stringers 
supporting  the  rails  and  the  safety  guards,  which  shall  be  of  the  best 


904 


RAILWAYS ELEVATED. 


[§  398 


quality  and  kind  of  selected  timber,  and  except  the  track  walks,  which 
shall  be  of  wood,  and  except  that  the  supports  may  be  of  masonry, 
when  not  erected  in  any  street,  avenue  or  alley  or  other  public  place. 
The  stairs  and  all  parts  of  the  stations,  except  the  platforms,  doors  and 
windows,  and  inside  sheeting,  and  except  the  treads  of  the  stairs,  shall 
be  of  iron  or  masonry.  All  stations,  platforms  and  stairs  shall  be  pro- 
tected by  a substantial  iron  railing.  All  of  the  material  used  in  the 
construction  of  the  work  shall  be  of  the  best  quality  for  the  purposes 
to  which  they  are  to  be  applied,  and  the  work  shall  be  executed  in  work- 
manlike manner. 

Clause  1.  The  general  plan  or  plans  of  the  structure  shall  be  that 
of  an  elevated  railroad,  with  the  track  or  tracks  supported  or  upheld 
upon  or  by  a row  or  rows  of  iron  posts  or  iron  columns  or  by  masonry 
as  above  stated. 

Clause  2.  Except  where  the  width  of  any  cross  street,  avenue  or 
alley,  between  the  curbs  thereof,  is  seventy  (70)  feet  or  more,  every 
cross  street,  avenue  or  alley  shall  be  spanned  by  a single  span  when 
and  where  the  plan  of  construction  is  one  having  a row  of  columns 
upon  or  within  the  curb  line. 

Clause  3.  The  transverse  diameter  of  each  post  or  column  placed 
in  the  roadway  of  any  street  or  avenue  shall  not  exceed  fifteen  (15) 
inches  at  the  base  and  thence  for,  at  least,  ten  (10)  feet  above  the  sur- 
face of  the  roadway.  The  transverse  diameter  of  a column  when  placed 
in  or  within  the  line  of  a curb,  shall  not  exceed  twenty-six  (26)  inches 
at  the  base  and  thence  for,  at  least,  ten  (10)  feet  above  the  surface  of 
the  roadway. 

Clause  4.  The  transverse  diameter  of  the  columns  above  indicated 
does  not  include  fenders,  and  adequate  fenders  shall  be  fitted  around 
the  base  of  each  column  placed  in  the  roadway  of  a street  or  avenue,  to 
prevent  the  hubs  of  the  wheels  of  passing  vehicles  from  striking  the 
columns. 

Clause  5.  The  longitudinal  distance  between  columns,  when  the 
rows  of  a column  are  in  the  roadway  of  a street  or  avenue,  shall  not  be 
less  than  thirty-five  (35)  feet  except  on  curves. 

Clause  6.  The  longitudinal  distance  between  columns  on  or  within 
the  curb  shall  be  at  least  twenty-five  (25)  feet. 

Clause  7.  No  part  of  the  girders  of  the  superstructure  shall  be 
less  than  fourteen  (14)  feet  above  the  then  established  grade  of  streets 
and  alleys  and,  whenever  said  elevated  structure  crosses  or  passes  over 
the  right  of  way  and  tracks  of  existing  steam  railroads,  the  clear  head- 
room  between  the  lower  chords  of  all  of  said  girders  and  the  surface  of 
the  rails  on  all  of  said  railroads  and  from  out  to  out  of  their  said  right 
of  way  shall  not  be  less  than  twenty  (20)  feet. 

• Clause  8.  The  different  parts  of  the  structure  and  the  connections 
shall  be  properly  proportioned  to  resist  all  the  momentum  of  the  train 
which  can,  by  the  application  of  brakes,  be  imparted  to  the  structure. 

Clause  9.  The  most  approved  safety  guards  shall  be  provided  to 
prevent  the  cars  from  leaving  the  structure  in  case  of  accident. 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


905 


§ 398] 


Clause  io.  All  of  the  material  used  in  the  construction  of  the 
work  shall  be  of  the  best  quality  for  the  purpose  for  which  it  is  to  be 
applied,  and  the  work  shall  be  executed  in  the  best  style  of  the  art  and 
in  a workmanlike  manner. 

Clause  ii.  The  rates  of  fare  to  be  charged  and  collected  upon 
trains  to  be  run  upon  the  said  railroad  shall  not  exceed  five  cents  per 
passenger  for  any  one  continuous  trip  within  the  city  limits.  And,  the 
city  council  expressly  reserves  the  power  to  regulate,  control  and  fix 
the  rates  of  fare  that  shall  be  charged  upon  any  extension  of  the  ele- 
vated system  of  said  company  when  such  extension  is  constructed 
within  the  present  or  future  city  limits  by  authority  of  any  ordinance 
hereafter  passed. 

1 7.  Stations — stairs— cars— lighting  and  heating— fuel — drip- 
pings.] § 7.  The  said  company  shall  have  permission  and  author- 
ity, and  the  same  are  hereby  given  and  grated  to  it,  to  construct  and 
maintain  over  the  streets,  avenues  and  alleys,  or  portions  thereof,  over, 
upon,  along  and  across  which  its  said  elevated  railroad  is  to  be  permit- 
ted to  be  constructed,  as  aforesaid,  all  necessary  or  proper  stations, 
platforms  and  depot  stations,  and  connect  the  same  with  said  streets, 
avenues  and  alleys  by  means  of  all  necessary  stairs,  stairways,  elevators, 
landing  places  and  other  construction  and  appliances  for  ingress,  egress 
and  the  accommodation  of  passengers;  but,  such  platforms,  stations, 
stairs,  stairways,  elevators,  landing  places,  etc.,  shall  be  so  constructed 
and  maintained  as  not  to  unnecessarily  impair  the  usefulness  of  such 
streets,  avenues  or  alleys  or  any  portions  thereof.  Neat  and  commodi- 
ous passenger  stations  of  easy  and  convenient  access,  and  whose  archi- 
tectural details  and  general  designs  shall  be  of  recognized  excellence, 
shall  be  provided,  and  all  such  station  buildings  and  appurtenances,  and 
likewise  all  passenger  cars,  when  the  latter  are  in  use,  shall  be  comfort- 
ably heated  during  the  winter  months,  or  whenever  necessary  at  any 
season,  and  they  shall  be  properly  lighted  with  gas,  electricity  or  other- 
wise, and  thoroughly  ventilated  at  all  seasons;  and  the  system  of  illu- 
mination and  the  sanitary  fixtures  and  appliances  adopted  and  used 
shall  be  such  as  are  recognized  as  of  the  best  for  the  purpose  to  which 
they  are  applied.  The  platforms  of  all  of  said  passenger  stations  shall 
be  free  from  obstructions  or  projections  of  any  kind;  and  all  of  said 
platforms  and  the  line  of  stairs  leading  to  and  from  the  same  shall  be 
securely  protected  by  strong  wrought  iron  or  steel  railings,  not  less 
than  three  and  one-half  feet  high.  The  permission  and  authority  to 
locate,  construct  and  maintain  all  such  requisite  platforms,  landings  and 
lines  of  stairs  leading  to  and  from  the  sidewalks  of  the  streets,  avenues 
and  alleys  and  the  said  elevated  stations  being  herein,  expressly  granted 
said  company  whenever  and  wherever  such  methods  of  reaching  said 
stations  may  be  found  necessary.  Nothing  herein  contained,  however, 
shall  prohibit  said  company  from  locating  and  maintaining  its  stations 
in  buildings  which  it  may  purchase,  lease  or  erect  on  grounds  pur- 
chased or  acquired  by  condemnation  or  lease  wherein  it  may,  for  the 


906 


RAILWAYS ELEVATED. 


[§398 


convenience  and  comfort  of  its  patrons,  place  its  ticket  offices,  waiting 
rooms,  sanitary  accommodations,  stairways,  elevators  and  all  requisite 
methods  of  ingress  or  egress;  and,  a right  to  construct  and  maintain 
covered  passageways  or  connections  between  the  interior  of  all  such 
station  buildings  and  the  exterior  platforms,  is  hereby  expressly  grant- 
ed to  said  company.  All  of  said  supporting  columns,  cross  girders, 
longitudinal  girders,  platform  connections  and  hand  railings  shall  be 
thoroughly  and  neatly  painted,  in  light  colored  tints,  and  this  general 
condition  and  sightly  appearance  shall  be  maintained  at  all  times. 

The  motive  power  to  be  used  shall  be  fully  equipped  with  all  mod- 
ern devices  best  calculated  to  prevent  noise  and  the  discharge  of  ashes, 
sparks,  cinders,  dust,  steam  or  smoke  into  the  surrounding  atmosphere. 
Neither  wood  nor  bituminous  coal  shall  be  used  for  fuel  in  the  locomo- 
tive engines  of  said  company.  Suitable  and  practical  devices  shall  be 
permanently  placed  and  maintained  beneath  all  station  buildings  and 
platforms  when  the  same  are  erected  over  any  street,  avenue  or  alley 
and,  also,  at  all  street  crossings  arranged  to  intercept  and  promptly 
carry  off  storm  water  and  drippings  from  melting  snow  or  from  any 
other  causes  whatever,  and  similar  devices  shall  also  be  applied  to  mo- 
tive power  and  rolling  stock,  to  intercept  and  hold  all  cinders,  ashes,  oil 
or  anything  else  that  may  drop  from  moving  trains  to  the  surface  of  the 
street  beneath  the  structure.  The  plans  and  specifications  of  such 
depots,  platforms  and  stairs  shall  be  submitted  to  and  approved  by  the 
commissioner  of  public  works  before  the  work  of  construction  thereof 
shall  be  commenced. 

1 8.  Rights  reserved — grades — viaducts,  etc,]  § 8.  The  city 

of  Chicago  reserves  the  right,  at  all  times  and  whenever  it  may  deem 
necessary,  to  change  the  grade  of  any  street  or  alley  across  which 
the  Lake  Street  Elevated  Railroad  Company  may  cross,  without  incur- 
ring any  liability  on  the  part  of  the  city  to  said  company,  and,  upon 
notice  from  the  commissioner  of  public  works  acting  under  the  author- 
ity of  the  ordinance  of  the  city  of  Chicago,  directing  such  change  of 
grade,  the  said  company,  in  case  such  grade  shall  be  raised  more  than 
eighteen  (18)  inches,  shall  immediately  proceed  to  change  its  structure 
across  any  street  where  the  grade  has  been  so  raised,  to  conform  to  the 
changed  grade,  in  such  manner  that  the  distance  and  heights  provided 
in  this  ordinance  shall  not  be  reduced  more  than  eighteen  (18)  inches, 
and  such  change  of  structure  shall  be  without  expense  to  the  city.  The 
city  of  Chicago  reserves  the  right,  whenever  it  may  deem  necessary, 
to  erect  and  construct  a viaduct  or  sub-way  and  approaches  thereto 
upon  any  street  over  which  the  Lake  Street  Elevated  Railroad  Com- 
pany may  cross,  without  incurring  any  liability  on  the  part  of  the  city 
to  said  company  for  any  damages  whatsoever,  and  the  said  company 
shall  immediately  and  with  reasonable  dispatch  change  its  structure 
over  any  street  where  such  viaduct  and  approaches  are  ordered  to  be 
constructed  upon  notice  from  the  commissioner  of  public  works,  acting 
on  the  authority  of  an  ordinance  of  the  city  of  Chicago  directing  the 


§ 39^]  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  907 

erection  of  such  viaduct,  and  the  said  company  shall  rebuild  and  recon- 
struct the  said  railroad,  in  such  manner  as  to  the  distances  and  heights 
of  the  same  over  said  viaduct,  not  exceeding  fourteen  (14)  feet,  as  may 
be  required  by  an  ordinance  of  said  city,  and  such  change  of  structure 
shall  be  without  expense  to  the  city  and  at  the  expense  of  said  com- 
pany. If  the  said  company,  after  having  been  notified  in  writing  by 
the  commissioner  of  public  works,  acting  under  the  authority  aforesaid, 
to  change  the  structure  over  any  street  where  the  grade  has  been 
changed,  or  after  having  been  notified  to  change  its  structure  where 
any  viaduct  has  been  ordered  to  be  built  by  the  city  of  Chicago,  shall 
fail  to  proceed  to  do  so,  as  above  provided,  within  ninety  days  from  the 
date  of  service  of  said  notice,  then  the  city  of  Chicago  may  remove  the 
entire  roadway  structure,  tracks  and  railway  system  of  said  company 
from  such  street  within  which  said  viaduct  is  to  be  erected  or  grade  is 
changed,  and  shall  not  be  liable  to  said  company  for  any  damages  of 
any  kind  whatsover  for  the  aforesaid  removal,  but  the  said  company 
shall  pay  to  the  city  of  Chicago  the  entire  cost  and.  expense  of  such 
removal. 

If  9.  Rights  reserved — crossing  of  other  roads— track  eleva- 
tion.] § 9.  The  permission  and  authority  hereby  granted  are  upon 
the  further  express  condition  that  nothing  herein  contained  shall  be 
construed  to  prevent  the  city  council  from  granting  to  any  other  rail- 
road Company  the  right  to  cross  the  line  hereby  authorized,  at  an 
elevation  above  the  tracks  of  this  company  so  great  that  the  clear 
headroom  between  the  lower  chord  of  the  girders  of  such  elevated 
structure  so  crossing  and  the  surface  of  the  rails  of  the  structure  of 
this  company  shall  be  at  least  sixteen  (16)  feet.  Provided,  that  in  any 
changes  hereafter  to  be  made  in  the  grade  of  said  streets,  or  the  erec- 
tion of  viaducts  across  the  same,  provided,  that  whenever  the  present 
surface  steam  railways  elevate  their  tracks  the  said  Lake  Street  Ele- 
vated Railroad  Company  shall  be  compelled  to  raise  its  structure 
wherever  its  line  crosses  said  present  surface  steam  railways  so  as  to 
leave  a clear  headroom  of  16  feet  between  the  top  of  the  rails  of  said 
surface  steam  railways  when  elevated  and  the  lower  chord  of  the 
girders  of  said  Lake  Street  Elevated  Railroad  structure. 

If  10.  Conditions— time  for  completion.]  § 10.  The  privileges 
and  authority  hereby  granted  are  so  granted  upon  the  further  express 
condition  that  the  first  branch  line  hereby  authorized  to  the  north  shall 
be  laid  down  and  constructed  within  three  years  from  the  acceptance  of 
this  ordinance  by  said  company,  and  the  remainder  of  said  railroad  and 
branches  within  five  years  from  the  acceptance  of  this  ordinance,  and, 
if  the  said  first  branch  be  not  so  constructed  within  the  said  three  years, 
then  said  rights  and  privileges  granted  to  said  company  to  build  said 
northerly  branch  shall  cease  and  be  null  and  void;  and,  if  said  southerly 
branch  be  not  built  within  said  five  years,  then  the  right  to  build  the 
same  shall  cease  and  be  null  and  void;  and,  if  said  branch  between 
Rockwell  street  and  California  avenue  shall  not  be  built  within  three 


908 


RAILWAYS ELEVATED. 


[§  398 


years  from  the  passage  hereof,  the  right  to  build  the  same  shall  cease 
and  become  null  and  void,  and  if  said'  branch  between  Hamlin  avenue 
and  south  line  of  Madison  street  shall  be  not  built  within  two  years 
from  the  passage  hereof,  the  right  to  build  the  same  shall  cease  and 
become  null  and  void;  and  if  said  line  of  road  from  Canal  street  to 
Market  street  and  south  upon  Market  street  shall  notbe  built  within  one 
year  from  the  passage  hereof,  the  right  to  build  the  same  shall  cease  and 
become  null  and  void;  but,  the  rights  and  privileges  as  to  the  portion 
constructed  shall  remain  valid  and  in  full  force;  but,  the  time  during 
which  any  legal  proceedings  shall  be  pending,  whereby  the  said  com- 
pany shall  be  prevented  or  delayed  in  constructing  its  railroad  or 
branches,  or  any  part  of  said  railroad  or  branches,  shall  be  excluded 
from  the  time  herein  prescribed  for  the  completion  of  said  elevated  rail- 
road and  branches,  and  shall  be  allowed  the  said  company  in  addition 
to  the  time  above  prescribed  for  the  completion  thereof.  The  city  of 
Chicago,  however,  shall  have,  and  it  hereby  expressly  reserves,  the 
right  to  intervene  in  any  suit  or  proceeding  brought  by  any  person  or 
persons  seeking  to  enjoin,  restrain  or  in  any  manner  interfere  with  the 
prosecution  of  said  work  of  construction,  and  move  for  a dissolution 
of  such  injunction  or  restraining  order  and  for  any  other  proper  order 
in  such  suit,  in  case  it  shall  deem  such  suit  collusive  or  for  the  purpose 
of  delay,  or  to  extend  the  time  herein  prescribed  for  the  completion  of 
the  said  elevated  railroad. 

If  11.  Indemnity  clause.]  § 11.  The  consent,  permission 
and  authority  hereby  given  are  upon  the  further  express  condition  that 
the  said  company  shall  and  will,  forever,  indemnify  and  save  harmless 
the  city  of  Chicago  against  and  from  any  and  all  damages  of  every  kind 
and  character,  including  land  and  business  damages,  and  any  and  all 
damages  to  property  of  every  kind  and  character,  and  from  any  and  all 
damages,  judgments,  decrees  and  costs  and  expenses  of  the  same,  which 
it  may  suffer,  or  which  rn^y  be  recovered  or  obtained  against  said  city 
for  or  by  reason  of  the  granting  of  or  resulting  from  the  passage  of  this 
ordinance  or  any  matter  or  thing  connected  therewith,  or  with  the 
exercise  by  said  company  of  any  of  the  privileges  hereby  granted  or 
from  any  act  or  acts  of  the  said  company  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

If  12.  Compensation.]  § 12.  On  the  first  day  of  May  in  each 
year  said  company  shall  pay  to  the  city  of  Chicago,  in  advance,  an  an- 
nual license  fee  of  $50  for  each  and  every  car  used  by  it  in  transporting 
passengers  for  hire,  and,  at  the  time  of  said  payment,  said  company 
shall  file  with  the  city  collector  an  affidavit  subscribed  and  sworn  to  by 
its  treasurer  or  other  officer  of  said  company,  if  required  by  the  city 
collector,  stating  the  number  of  cars  so  used  by  said  company.  Upon 
such  payment  being  made  the  city  clerk  shall  issue  a license  to  said 
company  for  each  of  its  cars  so  used,  which'  license  shall  be  issued  as 
other  licenses  are  issued,  and  each  license  shall  contain  the  number  of 
the  car  for  which  the  same  is  paid,  and  which  license  shall  be  posted 


§ 398]  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  909 

by  said  company  in  some  conspicuous  place  inside  of  each  car  so 
licensed. 

I 13.  Procuring  right  of  way.]  § 13.  The  permission  and  au- 
thority hereby  given  and  granted  are  so  given  and  granted  upon  the 
further  express  condition  that  said  company  shall  proceed  within  ninety 
days  from  the  date  of  the  acceptance  of  said  ordinance  to  procure  land 
for  right  of  way,  as  herein  authorized,  by  condemnation  or  otherwise, 
and  shall  prosecute  such  acquisition  of  said  right  of  way  with  due  dili- 
gence thereafter  until  the  whole  right  of  way  is  obtained. 

II  14.  Use  of  structure  by  city — police,  etc.,  to  ride  free.]  § 14. 
The  city  of  Chicago  shall  have  the  right  to  use  the  structure  authorized 
by  this  ordinance  for  placing  thereunder  its  police,  fire  alarm  and  tele- 
phone wires,  electric  light  wires  and  other  wires  and  conduits  for  the 
use  of  the  city  without  charge,  and  policemen,  firemen  and  United 
States  letter  carriers  in  uniform  shall  be  entitled  to  ride  free  of  charge. 

*f[  15.  Restoration  of  streets— space  under  railroad.]  §15.  The 
consent,  permission  and  authority  hereby  given  are  upon  the  express 
agreement  and  condition  that  the  said  company  shall  do  no  permanent 
injury  to  the  pavement,  gutters,  sidewalks,  water  pipes,  sewer  or  gas 
pipes,  telegraph  or  electric  wires,  cables  or  pipes  or  sidewalk  space 
occupied  by  adjacent  owners,  but  said  company  shall  restore  the  street, 
pavement,  gutters,  sidewalks,  water  pipes,  sewer  or  gas  pipes,  tele- 
graph or  electric  wires,  cables  or  pipes  and  sidewalk  space  occupied 
by  adjacent  owners,  at  its  own  expense,  to  a condition  equally  as  good 
as  before  the  building  of  said  elevated  railroad  so  far  as  consistent 
with  the  occupancy  by  said  company  of  said  streets,  alleys  and  side- 
walk spaces  authorized  by  this  ordinance,  and  if  the  said  company  shall 
fail  or  refuse  so  to  do,  the  same  may  be  done  by  the  city  of  Chicago, 
and  the  said  company  shall  be  liable  to  the  city  for  the  cost  thereof. 
When  any  excavation  shall  be  made  by  said  company  in  any  street, 
alley  or  public  place,  paved  with  wooden  blocks,  the  foundation  boards 
or  planks  shall  be  removed  without  being  cut,  unless  said  cutting  shall 
be  specially  permitted  by  the  commissioner  of  public  works  of  said  city. 
The  space  and  the  surface  of  the  ground  under  said  railroad  beneath 
girders  and  between  columns,  so  far  as  the  same  is  not  occupied  by  said 
railroad  company,  shall  by  said  company  be  kept  at  all  times  free 
from  all  obstructions  and  in  a clean  and  wholesome  condition,  to  the 
approval  and  satisfaction  of  the  department  of  health  or  health  officers 
of  said  city;  and  the  same  may  be,  at  the  option  of  the  city  of  Chicago, 
paved  by  the  city  of  Chicago,  for  the  purpose  of  public  travel,  and  so 
used,  provided,  that  such  use  shall  not  interfere  with  the  use  thereof 
by  said  company  for  the  purposes  of  said  railroad. 

If  16.  Bond — conditions.]  § 16.  The  consent,  permission  and  au- 
thority hereby  given  is  upon  the  express  agreement  and  understanding 
that  the  Lake  Street  Elevated  Railroad  Company,  before  exercising 
any  of  the  rights  hereby  granted,  shall  execute  to  the  city  of  Chicago  a 
good  and  sufficient  bond  in  the  penal  sum  of  one  hundred  thousand 


910 


RAILWAYS ELEVATED. 


[§  399 


dollars,  with  sureties  to  be  approved  by  the  mayor  of  the  city  of  Chi- 
cago, conditioned  that  it  will  observe,  perform  and  carry  out  all  the 
provisions  of  this  ordinance,  and  will  forever  indemnify  and  save  harm- 
less the  city  of  Chicago  against  and  from  any  and  all  damages,  includ- 
ing land  and  business  damages,  judgments,  decrees,  costs  and  expenses 
which  it  may  suffer,  or  which  may  be  recovered  or  obtained  against 
said  city  for  or  by  reason  of  or  growing  out  of  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  the  privileges,  or  any  of  them, 
herein  granted,  or  from  any  act  or  acts  of  the  said  company  under  or  by 
virtue  of  the  provisions  of  this  ordinance:  Provided,  however,  that 

the  giving  of  said  bonds  or  the  recovery  of  a judgment  or  judgments 
thereon  by  the  city  of  Chicago  shall  not  be  construed  as  measuring  or 
limiting  the  liability  of  said  company  to  said  city  under  any  provisions 
of  this  ordinance,  except  to  the  extent  of  such  recovery  or  recoveries. 
The  bond  required  by  this  section  shall  be  filed  with  the  city  clerk 
within  sixty  days  from  the  passage  of  this  ordinance. 

1"  17.  When  in  force.]  § 17.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  acceptance  by  said  corporation,  under 
its  corporate  seal ; provided,  that  if  the  said  company  shall  not  file  with 
the  city  clerk  the  bond  at  the  time  and  in  the  manner  required  in  this 
ordinance  and  shall  not  file  with  the  city  clerk  its  formal  acceptance 
of  the  terms,  conditions  and  provisions  of  this  ordinance  within  ninety 
days  from  the  passage  hereof,  then  all  rights  and  privileges  hereby 
granted  shall  be  wholly  null  and  void  and  of  no  effect. 

Note. — See  following  amendatory  ordinances. 

§ 399.  Lake  Street  Elevated  Railway  company. 

TT  1.  Amending  section  4 of  above  ordinance. 

H[  2.  Amending  section  12. 

Hf  3.  When  in  force. 

An  ordinance  amending  sections  4 and  6 of  an  ordinance  passed  May  15,  1893, 
granting  certain  rights  and  privileges  to  the  Lake  Street  Elevated  Railroad 
company.  (Passed  May  22,  1893.) 

T 1.  Amending  section  four  of  above  ordinance.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago  : § 1.  That  section  4 
of  an  ordinance  passed  May  15th,  1893,  granting  to  the  Lake  Street 
Elevated  Railroad  Company  certain  rights  and  privileges  therein  speci- 
fied, be  and  the  same  is  hereby  amended  by  adding  at  the  end  of  sec- 
tion 4 thereof  the  following:  “Provided,  said  company  shall  not  by 

virtue  of  this  ordinance  construct,  maintain  or  operate  its  line  of  road 
lengthwise  in  any  street  or  avenue  or  part  thereof,  except  upon  Lake 
street,  from  the  west  line  of  Canal  street  to  the  east  line  extended  north 
of  Market  street  and  upon  Market  street  from  the  main  line  of  its  road 
upon  Lake  street  to  the  south  line  of  Madison  street.  Provided, 
further,  that  this  shall  not  be  construed  to  prohibit  said  company  from 
crossing  any  street  or  avenue  as  in  said  section  provided.” 


§ 4°°J 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


911 


If  2.  Amending  section  twelve.]  § 2.  That  section  12  of  said 
ordinance  is  also  amended  by  adding  at  the  end  thereof  the  following: 
“Provided,  that  in  case  the  license  fee  per  car  now  required  to  be  paid 
by  the  Chicago  City  Railway  Company,  the  Chicago  West  Division 
Railway,  the  North  Chicago  City  Railroad  Company,  or  the  Chicago 
and  South  Side  Rapid  Transit  Railroad  Company,  or  the  Metropolitan 
West  Side  Elevated  Railroad  Company,  or  either  of  them,  shall  be 
increased,  by  ordinance,  then  and  in  that  event  the  city  reserves  to 
itself  the  right  to  increase  the  license  fee  hereby  required  to  an  amount 
equal  to  that  which  shall  be  required  to  be  paid  by  any  of  said  street 
railroad  companies  or  the  Chicago  and  South  Side  Rapid  Transit 
Railroad  Company,  or  the  Metropolitan  West  Side  Elevated  Rail- 
road Company,  or  any  one  of  them.” 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage. 

§ 400.  Lake  Street  Elevated  Railway  company. 

1.  Amending  sixth  clause  of  section  i of  above  ordinance, 
if  2.  When  in  force. 

An  ordinance  amending  the  sixth  clause  of  section  one  of  an  ordinance  passed  May 
15,  1893,  granting  permission  to  the  Lake  Street  Elevated  Railroad  company 
to  construct,  maintain  and  operate  an  elevated  railroad  and  branches  in  the 
city  of  Chicago.  (Passed  November  27,  1893.) 

% 1.  Amending  sixth  clause  of  section  1 of  above  ordinance.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
the  sixth  clause  of  section  one  (1)  of  an  ordinance  passed  May  15,  1893, 
granting  permission  to  the  Lake  Street  Elevated  Railroad  Company 
to  construct,  maintain  and  operate  an  elevated  railroad,  be  and  the 
same  is  hereby  amended  by  striking  out  the  said  sixth  clause  and  in- 
serting in  lieu  and  stead  thereof  the  following  as  the  sixth  clause: 
Sixth.  Also,  a branch  commencing  at  some  point  on  the  main 
line  of  said  road  on  Lake  street  between  Western  avenue  on  the  east 
and  California  avenue  on  the  west  and  thence,  in  a northerly  direction, 
to  some  point  or  place  between  Chicago  avenue  on  the  south  and 
Potomac  avenue  on  the  north,  and  thence,  in  a westerly  direction,  to 
some  point  or  place  between  Rockwell  street  on  the  east  and  Cali- 
fornia avenue  on  the  west,  and  thence,  from  said  last  named  point,  in 
a northerly  direction  to  some  point  or  place  one  thousand  (1,000)  feet 
north  or  south  of  Diversey  street,  and  thence,  from  said  last  named 
point,  in  a northwesterly  direction  to  the  city  limits. 

The  time  for  said  company  to  build  and  equip  its  lines  of  road, 
as  authorized  by  ordinances  of  November  24th,  1890,  is  hereby  ex- 
tended to  July  1st,  1894. 

*[[  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


912 


RAILWAYS ELEVATED. 


[§  401 


§ 401.  Lake  Street  Elevated  Railway  company. 

1.  Preamble. 

2.  Grant — route. 

3.  Specifications — construction. 

4.  Plans,  etc. — approval  -inspection. 

5.  Tracks — telegraph,  etc.— -motive  power — limitation  of  use. 

6.  Stations — stairs — heating  and  lighting  cars,  etc. 

•It  7.  Noise,  smoke,  etc. — fuel — drippings,  etc. 

•jt  8.  Fare. 

•[[  9.  Rights  reserved — grades — viaducts — subways. 

•jf  10.  Rights  reserved — crossing  of  other  roads. 

^y  11.  Conditions — time  for  completion. 

% 12.  Indemnity  clause. 

it  13.  Use  of  structure  by  city — police,  etc.,  to  ride  free. 

■fy  14.  Restoration  of  streets. 

it  15.  Bond. 

if  16.  Road  from  Market  to  Fifty-second  street  approved — time 
extended. 

^y  17.  Acceptance — when  in  force. 

IT  18.  Substitute  for  ordinance  of  July  30,  1894. 

An  ordinance  authorizing  the  Lake  Street  Elevated  Railroad  Company  to  con- 
struct, maintain  and  operate  an  elevated  railroad  on  Lake  street  from  Mar- 
ket street  to  Wabash  avenue.  (Passed  October  1,  1894.  Accepted  October 
3.  1894.) 

Tf  1.  Preamble.]  Whereas,  there  has  been  presented  to,  and  is 
now  on  file  with  the  city  council,  petitions  of  property  owners  front- 
ing on  Lake  street,  between  Market  street  and  Wabash  avenue,  rep- 
resenting out  of  a total  frontage  of  4,514  feet,  2,468.05  feet,  consent- 
ing to  the  construction  and  operation  of  an  elevated  railroad  upon  said 
Lake  street;  and  the  city  council  does  now  find  that  the  owners  of  a 
majority  of  the  property  fronting  upon  Lake  street,  between  Market 
street  and  Wabash  avenue,  have  consented  to  the  construction  and 
operation  of  an  elevated  railroad  upon  Lake  street,  between  Market 
street  and  Wabash  avenue;  now,  therefore, 

If  2,  Grant — route.]  Be  it  ordained  by  the  city  cutincil  of  the 
city  of  Chicago:  § 1.  That  permission  be  and  the  same  is  hereby 

given  and  granted  to  the  Lake  Street  Elevated  Railroad  Company,  a 
corporation  under  the  laws  of  the  state  of  Illinois,  to  construct,  main- 
tain and  operate,  for  the  period  of  fifty  years  from  and  after  the  pass- 
age hereof,  an  elevated  railroad  with  two  (2)  tracks,  and  such  curves, 
side  tracks,  switches,  sidings,  turnouts,  connections,  supports,  columns, 
girders,  telegraph,  telephone,  signal  and  other  devices  as  the  said  com- 
pany may  in  like  manner  deem  necessary  for  operating  its  road  along 
and  upon  the  following  route  in  the  city  of  Chicago,  to  wit:  A line 

of  road  connecting  at  the  east  line  of  Market  street,  extended  north 
with  the  line  of  road  now  constructed  and  operated  by  said  company 
on  Lake  street,  thence  extending  east  upon  Lake  street  to  the  east 
line  of  Wabash  avenue,  subject,  however,  to  the  provisions  hereinafter 
contained. 

1 3.  Specifications— construction.]  § 2.  The  permission,  au- 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


913 


401] 


thority  and  privileges  herein  granted  are  upon  the  express  under- 
standing that  the  entire  design  and  plan  of  the  said  railroad  shall  be 
that  of  an  elevated  structure,  and  all  material  for  that  part  of  the 
structure  above  the  ground  shall  be  wrought  iron  or  steel,  except 

(a)  That  the  post  connections  be  of  cast  iron; 

(b)  The  rails,  steel; 

(c)  The  ties  and  longitudinal  stringers  supporting  the  rails  and 
safety  guards  shall  be  of  the  best  kind  and  quality  of  selected  timber; 

(d)  The  track  walks  may  be  of  wood. 

All  the  materials  used  in  the  construction  of  the  work  shall  be 
of  the  best  quality  for  the  purposes  for  which  they  are  to  be  applied, 
and  the  work  shall  be  executed  in  a workmanlike  manner;  and 

A.  The  general  plan  of  the  said  structure  shall  be  that  of  an 
elevated  railroad  with  the  tracks  supported  or  upheld  by  a row  or  rows 
of  iron  posts  or  columns  placed  upon  foundations  of  iron,  masonry, 
cement  or  combination  of  the  same,  or  such  other  foundations  as  may 
be  approved  by  the  city  engineer,  but  no  part  of  such  foundations 
shall  be  above  the  surface  of  the  street,  except  the  post  connections. 
Such  columns  to  be  placed,  when  practicable,  at  the  outside  of  the 
street  car  tracks  now  on  said  street. 

B.  The  transverse  diameter  of  each  post  or  column  shall  not 
exceed  fifteen  (15)  inches  at  the  base,  and  thence  for  at  least  ten  (fo) 
feet  above  the  surface  of  the  roadway. 

C.  The  posts  or  columns,  the  cross  and  longitudinal  girders, 
shall  be  of  a design  known  as  lattice  work. 

D.  The  transverse  diameter  of  the  columns  above  indicated  does 
not  include  fenders,  and  adequate  fenders  shall  be  fitted  around  the 
base  of  each  column  to  prevent  the  hubs  of  the  wheels  of  passing 
vehicles  from  striking  the  columns. 

E.  The  longitudinal  distance  between  columns  shall  not  be  less 
than  forty  (40)  feet,  except  on  curves  or  at  street  intersections,  and 
each  cross  street  or  avenue  shall  be  spanned  by  a single  span,  except 
at  Fifth  avenue  and  State  street;  Provided,  the  transverse  girders  at 
Fifth  avenue  may  run  to  the  curb  line. 

F.  No  part  of  the  girders  of  the  superstructure  shall  be  less  than 
fourteen  (14)  feet  above  the  established  grade  of  said  Lake  street,  and 
the  lower  chord  of  the  longitudinal  girders  supporting  the  tracks  shall 
be  as  nearly  as  possible  the  following  heights  at  the. cross  streets  inter- 
secting said  Lake  street,  viz.: 

(a)  At  the  west  line  of  Franklin  street  nineteen  and  one-half 
(i9j4)  feet; 

(b)  At  the  east  line  of  Franklin  street  eighteen  and  one-half 
(18 y2)  feet; 

(c)  At  the  west  line  of  Fifth  avenue  fifteen  (15)  feet; 

(d)  At  the  east  line  of  Fifth  avenue  fifteen  (15)  feet; 

(e)  At  the  west  line  of  La  Salle  street,  and  the  lines  of  all  other 
intersecting  streets,  fourteen  (14)  feet. 


914 


RAILWAYS ELEVATED. 


[§  401 


G.  Only  two-  main  tracks  and  necessary  connecting  tracks,  cross- 
overs, switches  and  turnouts  shall  be  permitted  upon  said  structure, 
and  the  distance  from  center  to  center  of  said  main  tracks  shall  not 
exceed  twelve  (12)  feet;  and  no  cross-overs,  switches  or  turnouts  shall 
be  established  or  constructed  outside  the  outer  rails  of  said  main 
tracks.  No  connecting  tracks  shall  be  located  or  constructed  upon 
said  elevated  structure  except  by  special  permission  from  the  mayor 
and  commissioner  of  public  works,  who  shall  have  authority  to  pre- 
scribe the  number  of  such  connecting  tracks,  and  the  details  of  their 
location,  the  space  which  they  shall  occupy,  and  their  relation  to  all 
other  tracks  on  said  structure.  No  curves  shall  be  permitted  between 
Franklin  street  and  State  street,  except  for  connecting  tracks,  when 
permitted  by  the  mayor  and  commissioner  of  public  works  as  afore- 
said. 

H.  Said  elevated  railroad  shall  occupy  with  its  structure,  or  any 
part  thereof,  above  the  foundations  of  the  columns,  not  exceeding 
twenty-three  (23)  feet  and  eleven  (11)  inches  in  width,  from  out  to 
out  of  said  line  of  railroad,  except  at  stations  and  where  necessary 
to  make  connection  at  Market  street  and  at  curves.  At  stations  the 
supporting  girders  shall  not  exceed  thirty-seven  (37)  feet  in  width 
from  out  to  out,  and  the  supporting  columns  shall  not  exceed  twenty- 
three  (23)  feet  and  eleven  (11)  inches  in  width  from  out  to  out.  The 
structure  shall  be  erected  over  the  street  car  tracks  now  running  east 
and  west  on  said  Lake  street. 

I.  The  said  structure  shall  be  painted  in  a neat  and  workmanlike 
manner  and  in  light  colored  tints. 

J.  The  different  parts  of  the  structure  shall  be  so  proportioned 
as  to  resist  all  the  momentum  of  the  train  which  can  by  the  applica- 
tion of  brakes  be  imparted  to  the  structure,  and  the  most  approved 
safety  guards  shall  be  provided  to  prevent  the  cars  from  leaving  the 
structure  in  case  of  accident. 

1 4.  Plans,  etc. — approval— inspection.]  § 3.  The  said  rail- 
road company  may  cross  at  the  elevation  hereinbefore  specified  all 
streets,  avenues  and  alleys  upon  or  along  the  said  line  of  railroad 
as  designated  in  the  first  section  hereof.  The  said  company  shall  pre- 
pare and  submit  to  the  city  engineer  plans  and  specifications  of  a 
standard  section  of  said  railroad  structure  to  be  built  over  the  route 
aforesaid,  and  if  the  same  are  in  conformtiy  to  the  requirements  of  this 
ordinance,  he  shall  approve  the  same,  and  the  commissioner  of  public 
works  shall  issue  a permit  for  the  said  work  of  construction  upon  said 
company  depositing  with  the  city  treasurer  a sum  sufficient  to  cover 
the  cost  of  restoring  all  streets  and  sidewalks  and  of  the  contents  of 
the  space  beneath  the  same  to  their  normal  condition,  according  to  an 
estimate  of  such  cost  to  be  made  by  the  commissioner  of  public  works, 
upon  the  issuance  of  said  permit,  and  said  company  may  at  once 
proceed  to  build  and  erect  said  elevated  railroad  in  accordance  with 
said  plans  and  specifications.  The  said  elevated  railroad  shall  be 


§ 4°l] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


915 


constructed  subject  to  the  inspection  of  the  city  engineer  and  his 
assistants,  who  shall  see  that  the  same  is  constructed  in  accordance 
wdth  said  plans  and  specifications,  and  the  expense  of  such  inspection 
shall  be  paid  by  the  said  railroad  company. 

1 5.  Tracks — telegraph, etc. — motive  power — limitation  of  use.] 

§ 4.  The  said  company  is  hereby  authorized  to  construct,  maintain 
and  operate  on  the  structure  hereby  authorized,  two  railroad  tracks, 
with  such  cross-overs,  turn-outs,  switches,  curves,  telegraph,  telephone 
and  signal  devices  as  may  become  necessary  or  proper,  and  to  con- 
nect said  telegraph  or  telephone  lines  wdth  its  general  offices,  and  to 
use  and  operate  upon  the  railroad  tracks  hereby  authorized,  locomo- 
tives or  other  engines  or  motors  and  cars  which  may  be  propelled  by 
steam,  electric  or  other  species  of  power,  and  to  use  like  power  to 
propel  its  cars  over  the  lines  of  railroad  heretofore  authorized  by  ordi- 
nance, and  in  like  manner  as  used  over  the  line  of  road  by  this  ordi- 
nance authorized.  Provided,  however,  that  the  said  railroad  shall  only 
be  used  for  moving  its  general  passenger  trains  and  for  accommodat- 
ing and  handling  passenger  traffic  and  the  mails  exclusively,  to  which 
end  the  said  company  shall  cause  its  trains  to  be  regularly  and  syste- 
matically run  at  such  intervals  as  shall  be  necessary  to  accommodate 
the*  public,  and  the  number  of  all  such  trains  and  the  frequency  with 
which  they  are  moved  shall  be  increased  as  rapidly  as  the  demands 
of  the  public  shall  render  necessary,  and  the  increase  of  traffic  war- 
rant. 

And  the  consent  and  the  authority  are  further  given,  subject  to 
the  condition  that  said  company  shall  not  permit  nor  allow  said  rail- 
road nor  any  railroad  heretofore  authorized  to  be  built  by  said  com- 
pany under  this  ordinance,  to  be  used  by  the  freight  or  passenger 
trains,  or  by  rolling  stock  of  any  surface  steam  railroad  company. 

Provided,  no  switch  shall  be  made,  operated  or  maintained  be- 
tween Wabash  avenue  and  State  street. 

All  trains  operated  by  said  company  over  its  line  of  road,  passing 
over  the  Lake  street  bridge,  eastwardly,  shall  at  least  alternately  con- 
tinue eastwrardly  over  the  line  of  road  hereby  authorized,  and  in  case 
said  company  shall  hereafter  obtain  the  right  to  build  or  use  a loop 
line  for  running  its  trains,  then  all  its  trains  proceeding  eastwardly  over 
Lake  street  bridge  shall  continue  to  proceed  eastwardly  over  the  ele- 
vated railroad  hereby  authorized,  and  no  trains  of  said  company  shall 
move  westwardly  over  the  elevated  railroad  hereby  authorized,  be- 
tween Wabash  avenue  and  Market  street,  except  such  trains  as  have 
first  proceeded  eastwardly  over  the  elevated  railroad  hereby  author- 
ized. 

And  it  is  further  provided,  that  in  case  said  company  shall  build 
a line  of  road  through  the  north  division  of  the  city  of  Chicago,  then 
all  trains  running  over  such  line  of  road  southwardly  and  connecting 
writh  the  road  hereby  authorized,  shall  run  eastwardly  over  the  line 
of  road  hereby  authorized. 


916 


RAILWAYS ELEVATED. 


[§  401 


And  provided,  further,  that  in  case  said  company  shall  operate 
its  line  of  road  as  now  built,  by  electricity  as  in  this  ordinance  au- 
thorized, then  it  shall,  at  the  same  time,  operate  trains  over  the  line  of 
road  hereby  authorized  by  like  power. 

T 6.  Stations— stairs— heating  and  lighting  cars,  etc.]  § 5. 

The  said  company  is  further  granted  permission  and  authority  to 
construct  and  maintain  over  the  streets,  avenues  and  alleys  or  por- 
tions thereof,  over,  upon,  along  and  across  which  its  said  elevated  rail- 
road is  to  be  permitted  to  be  constructed  as  aforesaid,  all  necessary 
or  proper  stations  and  platforms  and  connect  the  same  with  said 
streets,  avenues  and  alleys  by  means  of  all  necessary  stairs,  stairways, 
elevators,  landing  places  and  other  constructions  and  appliances  for 
ingress,  egress  and  the  accommodation  of  passengers,  but  such  plat- 
form stations,  stairs,  stairways,  elevators  and  landing  places  shall  be 
so  constructed  and  maintained  as  not  to  unnecessarily  impair  the  use- 
fulness of  such  streets,  avenues,  alleys  or  any  approaches  thereof.  Neat 
and  commodious  passenger  stations  of  easy  and  convenient  access,  and 
whose  architecural  details  and  general  design  shall  be  of  recognized 
excellence,  shall  be  provided,  and  all  such  station  buildings  and  appur- 
tenances, and  likewise  all  passenger  cars,  while  the  latter  are  in  use, 
shall  be  comfortably  heated  during  the  winter  months,  or  whenever 
necessary  at  any  season,  and  they  shall  be  properly  lighted  with  gas, 
electricity  or  otherwise,  and  thoroughly  ventilated  at  all  seasons;  and 
the  system  of  illumination,  and  the  materials,  fixtures  and  appliances 
adopted  and  used,  shall  be  such  as  are  recognized  as  the  best  for  the 
purposes  to  which  they  are  applied.  The  platforms  of  all  such  sta- 
tions shall  be  free  from  obstructions  or  projections  of  any  kind,  and 
all  of  said  platforms  and  the  lines  of  stairs  leading  to  and  from  the 
same,  shall  be  securely  protected  by  steel  or  wrought  iron  railings 
not  less  than  three  and  one-half  (3^)  feet  high.  The  permission  and 
authority  to  locate,  construct  and  maintain  all  such  requisite  platforms, 
landings  and  lines  of  stairs  leading  to  and  from  the  sidewalks  of  the 
streets,  avenues  and  alleys,  and  the  said  elevated  stations,  being  hereby 
expressly  granted  to  said  company,  whenever  and  wherever  such 
methods  of  reaching  said  stations  shall  be  found  necessary.  The 
stairs  and  all  parts  of  the  stations,  excepting  the  platforms,  doors  and 
windows,  and  inside  sheathing,  and  except  the  treads  of  the  stairs,  shall 
be  of  iron  or  masonry,  or  other  incombustible  material. 

The  plans  and  specifications  of  such  depots,  platforms  and  stairs 
shall  be  submitted  to  and  approved  by  the  commissioner  of  public 
works  before  the  work  of  construction  thereof  shall  be  commenced. 

Said  company  shall  locate  stations  at  the  following  streets  along 
the  line  of  said  road,  viz.:  Fifth  avenue,  Clark  street  and  State  street. 
The  platforms  at  such  stations  shall  not  exceed  one  hundred  and 
eighty  (180)  feet  in  length,  and  shall  not  be  enclosed,  except  so  far  as 
necessary  to  build  on  said  platforms  a ticket  station,  rot  exceeding  one 
hundred  and  twenty  (120)  square  feet.  And  if  said  platforms  shall 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


401] 


917 


be  covered,  then  the  same  shall  be  roofed  with  glass  or  such  other 
material  that  will  not  intercept  the  light  any  more  than  is  necessary 
to  fully  protect  from  the  heat  and  storms. 

All  stairways  leading  to  said  station  platforms  shall  begin  within 
the  sidewalk  space  on  Lake  street,  at  the  outer  edge  of  such  space, 
and  shall  ascend  towards  the  intersecting  or  cross  street,  nearest  said 
stairway,  on  a line  parallel  to  the  east  and  west  line  of  Lake  street, 
and  shall  not  occupy  more  than  six  (6)  feet  in  width  of  such  side- 
walk space;  there  shall  be  two  stairways  on  the  south  side  of  Lake 
street  at  Clark  street  station,  one  east  of  east  line  and  one  west  of  the 
west  line  of  Clark  street,  and  if  covered,  then  with  like  material  as 
station  platforms  above  provided.  Said  stairways  shall  not  approach 
nearer  the  building  line  than  the  distance  from  the  bottom  of  said 
stairways  from  said  building  line. 

Provided,  the  stairway  at  the  Fifth  avenue  station  may  be  built 
as  follows,  viz.:  One  stairway  may  commence  on  Fifth  avenue,  north 
of  the  north  line  of  Lake  street,  and  thence  ascend  southwardly  to 
the  platform.  A stairway  may  be  built  at  the  southwesterly  corner 
of  Lake  street  and  Fifth  avenue,  commencing  at  a point  not  further 
east  than  forty  (40)  feet  from  the  west  line  of  Fifth  avenue  and  ascend 
westerly.  The  said  stairways  to  be  built  in  other  respects  to  conform 
to  the  requirements  of  this  ordinance.  Nothing  herein  contained, 
however,  shall  prohibit  said  company  from  locating  and  maintaining 
its  stations  in  buildings  which  it  may  purchase,  lease  or  erect  on 
grounds  purchased  or  acquired  by  condemnation  or  lease,  wherein  it 
may,  for  the  convenience  and  comfort  of  its  patrons,  place  its  ticket 
offices,  waiting  rooms,  sanitary  accommodations,  stairways,  elevators, 
and  all  requisite  methods  of  ingress  or  egress,  and  the  right  to  con- 
struct and  maintain  covered  passage-ways  or  connections  between  the 
interior  of  all  such  passenger  stations  and  the  platforms  is  herein 
expressly  granted  to  said  company.  Provided,  said1  passage-ways  and 
platforms  to  be  covered  in  like  manner,  as  above  provided.  All  of  said 
supporting  columns,  cross-girders,  longitudinal  girders,  platform  com 
nections  and  landings  shall  be  thoroughly  and  neatly  painted,  and 
this  general  condition  and  sightly  appearance  shall  be  maintained  at 
all  times. 

1 7.  Noise,  smoke,  etc.— fuel— drippings,  etc.]  § 6.  The 

motive  power  to  be  used  shall  be  fully  equipped  with  all  modern 
devices  best  calculated  to  prevent  noise,  and  the  discharge  of  ashes, 
cinders,  dust,  steam  or  smoke  into  the  surrounding  atmosphere. 
Neither  wood  nor  bituminous  coal  shall  be  used  for  fuel  in  the  loco- 
motive engines  of  said  company.  Suitable  and  practical  devices  shall 
be  permanently  placed  and  maintained  beneath  all  station  buildings 
and  platforms  where  the  same  are  erected  over  any  street,  avenue  or 
alley,  and  also  at  all  street  crossings,  arranged  to  intercept  and  prompt- 
ly carry  off  storm  water  and  drippings  from  melting  snow  or  from 
any  other  causes  whatever. 


918 


RAILWAYS ELEVATED. 


[§  401 


If  8.  Fare.]  § 7.  The  rates  of  fare  to  be  charged  and  collected 
for  each  passenger  carried  over  the  line  of  road  hereby  authorized, 
and  the  line  of  railroad  heretofore  authorized,  to  be  built  by  said  com- 
pany, shall  be  five  (5)  cents  per  passenger  for  any  one  continuous  trip 
within  the  city  limits. 

If  9.  Rights  reserved— grades — viaducts — subways.]  § 8.  The 

city  of  Chicago  reserves  the  right  at  all  times,  and  whenever  it  may 
deem  necessary,  to  change  the  grade  of  any  street  or  alley  across  which 
the  said  company  may  cross  without  incurring  any  liability  on  the 
part  of  the  city  to  said  company,  and  upon  notice  frotn  the  commis- 
sioner of  public  works  acting  under  the  authority  of  an  ordinance 
of  the  city  of  Chicago,  directing  said  change  to  be  made,  the  said 
company,  in  case  said  grade  shall  be  raised  more  than  eighteen  inches, 
shall  immediately  proceed  to  change  its  structure  across  any  street 
where  the  grade  shall  be  so  raised,  to  conform  to  the  changed  grade 
in  such  manner  that  the  distance  and  heights  provided  in  this  ordi- 
nance shall  not  be  changed  more  than  eighteen  (18)  inches,  and  such 
change  of  structure  shall  be  without  expense  to  the  city  of  Chicago. 

The  city  of  Chicago  reserves  the  right,  whenever  it  may  deem  it 
necessary,  to  erect  and  construct  a viaduct  or  subway  and  approaches 
thereto,  upon  any  street  over  which  the  Lake  Street  Elevated  Railroad 
Company  may  cross,  without  incurring  any  liability  on  the  part  of  the 
city  to  said  company  for  any  damages  whatsoever,  and  the  said  com- 
pany shall  immediately  and  with  reasonable  dispatch  change  its  struc- 
ture over  any  street  where  such  viaducts  and  approaches  are  ordered 
to  be  constructed,  upon  notice  from  the  commissioner  of  public  works, 
acting  on  the  authority  of  an  ordinance  of  the  city  of  Chicago,  direct- 
ing the  erection  of  such  viaduct,  and  the  said  company  shall  rebuild 
and  reconstruct  the  said  railroad  in  such  manner  as  to  the  distances 
and  heights  of  the  same  over  said  viaduct,  not  exceeding  fourteen  (14) 
feet,  as  may  be  required  by  an  ordinance  of  said  city,  and  such  change 
of  structure  shall  be  without  expense  to  the  city,  and  at  the  expense 
of  said  company.  If  the  said  company,  after  having  been  notified  in 
writing  by  the  commissioner  of  public  works,  acting  under  the  author- 
ity aforesaid,  to  change  the  structure  over  any  street  where  the  grade 
has  been  changed,  or  after  having  been  notified  to  change  its  struc- 
ture where  any  viaduct  has  been  ordered  to  be  built  by  the  city  of 
Chicago,  shall  fail  to  proceed  to  do  so  as  above  provided  within 
ninety  days  from  the  date  of  service  of  said  notice,  then  the  city  of 
Chicago  may  remove  the  entire  roadway  structure,  tracks  and  railway 
system  of  said  company  from  such  street  within  which  said  viaduct 
is  to  be  erected  or  grade  changed,  and  shall  not  be  liable  to  said 
company  for  any  damages  of  any  kind  whatsoever  for  the  aforesaid 
lemoval,  but  the  said  company  shall  pay  to  the  city  of  Chicago  the 
entire  cost  and  expense  of  such  removal. 

1 10.  Rights  reserved — crossing  of  other  roads.]  § 9.  The 
permission  and  authority  hereby  granted  are  upon  the  further  express 


§ 401]  LAKE  STREET  ELEVATED  RAILWAY  COMPANY.  919 

condition  that  nothing  herein  contained  shall  be  construed  to  prevent 
the  city  council  from  granting  to  any  other  railroad  company  the 
right  to  cross  the  line  hereby  authorized,  at  an  elevation  above  the 
tracks  of  this  company  so  great  that  the  clear  head  room  between  the 
lower  chord  of  the  girders  of  such  elevated  structure  so  crossing  and 
the  surface  of  the  rails  of  the  structure  of  this  company  shall  be  at 
least  sixteen  (16)  feet,  and  no  grant  shall  be  made  at  a lower  elevation. 

1 11.  Conditions — time  for  completion.]  § io.  The  privi- 
leges and  authority  hereby  granted  are  so  granted  upon  the  further 
express  condition  that  the  said  line  of  railroad  hereby  authorized  be- 
tween Market  street  and  Wabash  avenue  on  Lake  street,  shall  be 
laid  down  and  constructed  within  two  (2)  years  from  the  passage  of 
this  ordinance  by  said  company,  and  if  the  said  line  of  road  shall  not 
be  built  within  said  two  (2)  years,  then  the  right  to  build  the  same 
shall  cease  and  become  null  and  void,  but  the  rights  and  privileges 
of  the  portion  constructed  shall  remain  valid  and  in  full  force,  but  the 
time  during  which  any  legal  proceedings  shall  be  pending  whereby 
said  company  shall  be  hindered,  prevented  or  delayed  in  constructing 
its  said  railroad,  or  any  part  thereof,  shall  be  excluded  from  the  time 
herein  provided  for  the  completion  of  the  same,  and  shall  be  allowed 
the  said  company  in  addition  to  the  time  above  specified  for  the  com- 
pletion thereof.  The  time  to  be  excluded  from  the  period  hereinabove 
limited  shall,  however,  be  reckoned  only  from  the  date  when  said  com- 
pany shall  have  given  notice  to  the  corporation  counsel  of  the  city 
of  Chicago  of  the  institution  of  such  proceedings.  The  city  of  Chi- 
cago, however,  shall  have,  and  it  hereby  expressly  reserves  the  right 
to  interfere  in  any  suit  or  proceeding  brought  by  any  person  or  per- 
sons seeking  to  enjoin,  restrain  or  in  any  manner  interfere  with  the 
prosecution  of  said  work  of  construction,  and  move  for  a dissolution 
of  said  injunction,  if  granted,  or  restraining  order,  and  for  any  other 
proper  order  in  such  suit,  in  case  it  shall  deem  such  suit  collusive  or 
for  the  purpose  of  delay,  or  to  extend  the  time  herein  prescribed  for 
the  completion  of  said  railroad. 

If  12.  Indemnity  clause.]  § 11.  The  consent,  permission  and 
authority  hereby  given  are  upon  the  further  express  condition  that 
the  said  company  shall  and  will  forever  indemnify  and  save  harmless 
the  city  of  Chicago  against  and  from  any  and  all  damages  of  every 
kind  and  character,  including  land  damages,  and  any  and  all  damages 
to  property  of  every  kind  and  character,  and  from  any  and  all  dam- 
ages, judgments,  decrees  and  costs  and  expenses  of  the  same  which  it 
may  suffer,  or  which  may  be  recovered,  or  obtained  against  said  city 
for,  or  by  reason  of  the  granting  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  therewith,  or 
with  the  exercise  by  said  company  of  any  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  the  said  company  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

§ 12.  On  the  first  day  of  May,  1895,  and  on  the  first  day  of  May 


920 


RAILWAYS ELEVATED.  [§  40! 

of  each  year  thereafter,  said  company  shall  file  with  the  city  collector, 
or  other  proper  officer  whose  duty  it  is  to  collect  license  fees,  an  affi- 
davit stating  the  number  of  cars  in  regular  use  by  said  company,  and 
thereupon  said  company  shall  pay  an  annual  license  fee  of  $50,  in  ad- 
vance, for  each  and  every  car  in  regular  use  by  it  in  transporting  pas* 
sengers  for  hire.  Upon  such  payment  being  made,  the  city  clerk  shall 
issue  a license  to  said  company  for  each  of  its  cars  so  used.  The  pay* 
ment  of  which  said  license  fee  shall  be  in  lieu  of  all  other  licenses 
to  be  imposed  as  regards  the  line  of  road  hereby  authorized  by  the 
city  of  Chicago. 

1 13.  Use  of  structure  by  city — police,  etc.,  to  ride  free.] 

§13.  The  city  of  Chicago  shall  have  the  right  to  use  the  structure 
authorized  by  this  ordinance  for  placing  thereunder  its  police,  fire 
alarm  and  telephone  wires,  electric  light  wires  and  other  wires  and 
conduits,  for  the  use  of  the  city,  without  charge,  so  far  as  they  do 
not  interfere  with  the  operation  of  said  road,  and  policemen  and  fire- 
men in  uniform  shall  be  entitled  to  ride  free  over  the  line  of  road 
hereby  authorized. 

If  14.  Restoration  of  streets.]  § 14.  The  said  permission  and 
authority  hereby  given  are  upon  the  express  condition  that  said  com- 
pany shall  do  no1  permanent  injury  to  the  pavement,  gutters,  sidewalks, 
water  pipes,  sewer  or  gas  pipes,  telegraph  or  electric  wires,  cables  or 
pipes,  or  sidewalk  space  occupied  by  adjacent  owners,  but  said'  com- 
pany shall  restore  the  street,  pavement,  gutters,  sidewalks,  water  pipes, 
sewer  or  gas  pipes,  telegraph  or  electric  wires,  cables  or  pipes,  and  side- 
walk space  occupied  by  adjacent  owners,  at  its  own  expense,  to  a con- 
dition equally  as  good  as  before  the  building  of  said  elevated  railroad, 
so  far  as  consistent  with  the  occupancy  by  said  company  of  said  streets, 
alleys  and  sidewalk  space  authorized  by  this  ordinance.  Provided,  said 
company  shall  have,  and  is  hereby  granted  the  right  to  take  up  and  re- 
move all  such  water  pipes,  sewer  or  gas  pipes,  telegraph,  electric  wires 
cables  or  pipes,  that  may  be  in  the  way  or  interfere  with  the  construc- 
tion or  operation  of  said  railroad,  subject  to  restoration  as  aforesaid. 

And  if  the  said  company  shall  fail  or  refuse  so  to  do,  the  same  may 
be  done  by  the  city  of  Chicago,  and  the  said  company  shall  be  liable  to 
the  city  for  the  cost  thereof,  and  the  city  may  reimburse  itself  for  such 
expense  out  of  any  moneys  deposited  by  the  company  with  the  city 
treasurer  to  insure  the  restoration  hereinabove  provided  for.  When 
any  excavation  shall  be  made  by  said  company  in  any  streej,  alley  or 
public  place  paved  with  wooden  blocks,  the  foundation  boards  or 
planks  shall  be  removed  without  being  cut,  unless  said  cutting  shall  be 
by  virtue  of  permission  by  the  commissioner  of  public  works  of  said 
city. 

1”  15.  Bonds.]  § 15.  The  consent,  permission  and  authority 
hereby  given  is  upon  the  express  agreement  and  understanding  that  the 
Lake  Street  Elevated  Railroad  Company,  before  exercising  any  of  the 
rights  hereby  granted,  shall  execute  to  the  city  of  Chicago  a good  and 


§ 4°l] 


LAKE  STREET  ELEVATED  RAILWAY  COMPANY. 


921 


sufficient  bond  in  the  penal  sum  of  one  hundred  thousand  dollars,  with: 
sureties  to  be  approved  by  the  mayor  of  the  city  of  Chicago,  condi- 
tioned that  it  will  observe,  perform  and  carry  out  all  the  provisions  of 
this  ordinance,  and  will  forever  indemnify  and  save  harmless  the  city/ 
of  Chicago  against  and  from  any  and  all  damages,  including  land  dam- 
ages, judgments,  decrees,  costs  and  expenses  which  it  may  suffer  or 
which  may  be  recovered  or  obtained  against  said  city  for  or  by  reason: 
of,  or  growing  out  of  or  resulting  from  the  passage  of  this  ordinance,, 
or  any  matter  or  thing  connected  therewith,  or  with  the  exercise  by 
said  company  of  the  privileges  or  any  of  them  herein  granted,  or  from 
any  act  or  acts  of  the  said  company  under  or  by  virtue  of  the  provisions 
of  this  ordinance;  provided,  however,  that  the  giving  of  said  bond  of 
the  recovery  of  a judgment  or  judgments  thereon,  by  the  city  of  Chi- 
cago, shall  not  be  construed  as  measuring  or  limiting  the  liability  of 
said  company  to  said  city  under  the  provisions  of  this  ordinance,  and 
such  bond  shall  be  a continuing  liability,  notwithstanding  any  such  re- 
covery or  recoveries.  The  bond  required  by  this  section  shall  be  filed 
with  the  city  clerk  within  sixty  days  from  the  passage  of  this  ordinance.. 

If  16.  Road  from  Market  to  52nd  street  approved — time  ex- 
tended.] § 1 6.  That  the  line  of  road  heretofore  authorized  to  be 
built  by  said  company  under  ordinance  passed  December  19,  1892,  and 
under  the  ordinances  of  November  24,  1890,  being  the  line  of  road  from' 
Market  street  to  Fifty-second  street  upon  Lake  street,  be  and  the  same 
is  hereby  approved,  as  in  compliance  with  said  ordinances,  and  that  the 
time  for  said  company  to  complete  the  building  and  construction  of  the 
remaining  portion  of  its  line  of  road  as  heretofore  authorized  by  the 
two  ordinances  of  November  24,  1890,  and  the  ordinance  passed  De- 
cember 19,  1892,  be  and  the  same  is  hereby  extended  to  July  1,  1897, 
and  the  other  provisions  of  said  ordinances  are  hereby  re-enacted  and 
extended. 

1 17.  Acceptance— when  in  force.]  § 17.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  acceptance  by  said 
corporation  under  its  corporate  seal;  Provided,  that  if  the  said  company 
shall  not  file  with  the  city  clerk  the  bond  at  the  time  and  in  the  manner 
required  in  this  ordinance,  and  shall  not  file  with  the  city  clerk  its  for- 
mal acceptance  of  the  terms,  conditions  and  provisions  of  this  ordin- 
ance, within  sixty  days  from  the  passage  hereof,  then  all  rights  and 
privileges  hereby  granted  shall  be  wholly  null  and  void  and  of  no  effect. 

If  18.  Substitute  for  ordinance  of  July  30,  1894.]  § 18. 

This  ordinance  shall  be  considered  as  a substitute  for  and  in  lieu  of  the 
one  passed  July  30,  1894,  relating  to  said  rajlro^d  company. 


922 


RAILWAYS ELEVATED. 


[§  402 


METROPOLITAN  WEST  SIDE  ELEVATED  RAILROAD 

COMPANY. 


402.  Metropolitan  West  Side  Elevated  Railroad  company. 


IT  1.  Grant — route — width  of  right  of  way. 

Hr  2.  Crossing  river — bridge. 

Hi  3.  Plans — approval — inspection. 

Hf  4.  Tracks — telegraph,  etc. — motive  power. 

*ir  5-  Limitation  of  use. 

Hi  6.  Specifications — fare — rights  reserved. 

Hi  7.  Stations — heating  and  lighting — motive  power — fuel — drip- 
pings, etc. 

If  8.  Rights  reserved — grades — viaducts — alterations. 

HI  9.  Rights  reserved—  crossing  of  other  roads. 

Ht  10.  Conditions — time  of  completion. 

Hr  11.  Indemnity  clause. 

H[  12.  Deposit  of  cash  or  bonds — conditions — damages. 

Hi  13.  Compensation. 

Hi"  14.  Acquisition  of  right  of  way. 

Ht  15.  Use  of  structure  by  the  city — police,  etc.,  to  ride  free. 

HI  16.  Restoration  of  streets. 

Ht  17.  Bond. 

Hi  18.  When  in  force. 


An  ordinance  authorizing  the  Metropolitan  West  Side  Elevated  Railroad  com- 
pany to  construct,  maintain  and  operate  an  elevated  railroad  and  branches 
in  the  city  of  Chicago.  (Passed  April  7,  1892.  Accepted  April  16,  1892.) 


If  1.  Grant  — route  — width  of  right  of  way.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 
sion and  authority  be  and  the  same  are  hereby  given  and  granted,  to 
the  Metropolitan  West  Side  Elevated  Railroad  Company,  to  construct, 
maintain  and  operate,  for  a period  of  fifty  (50)  years  from  and  after  the 
passage  hereof,  an  elevated  railroad  and  branches  with  two  or  more, 
not  exceeding  four  tracks,  as  the  company  may,  from  time  to  time, 
determine  to  be  necessary,  and  such  curves,  spurs,  side  tracks, 
switches,,  sidings,  turnouts,  connections,  supports,  columns,  girders, 
telegraphs,  telephone  and  signal  and  other  devices  as  the  company  may 
in  like  manner  deem  necessary  for  operating  its  road  along  and  upon 
the  following  routes,  in  the  city  of  Chicago,  county  of  Cook,  state  of 
Illinois,  to  wit: 

First.  For  the  main  line  of  said  railroad,  commencing  on  or  near 
to  the  east  line  of  Fifth  avenue,  in  the  city  of  Chicago,  at  some  point 
between  the  south  line  of  Jackson  street  on  the  north,  and  the  north 
line  of  West  Congress  street,  as  it  exists  at  the  wfcst  line  of  Halsted 
street  if  produced  east  to  Fifth  avenue,  on  the  south,  and  running 
thence  between  the  said  Jackson  street  on  the  north  and  said  line  of 
Congress  street  so  produced,  on  the  south,  over,  along,  upon  and 
across  such  lots,  lands  and  property  as  the  company  now  owns  or  here- 
after may  acquire,  by  lease,  purchase,  condemnation  or  otherwise,  to 
the  south  branch  of  the  Chicago  river;  thence  across  said  river  by 
means  of  a bridge  as  hereinafter  provided;  thence  between  the  south 


923 


§ 402]  METROPOLITAN  WEST  SIDE  ELEVATED  RAILROAD  CO. 

line  of  West  Jackson  street  and  the  north  line  of  West  Congress  street, 
as  said  lines  are  located  at  the  west  line  of  Halsted  street,  or  between 
said  streets  as  produced  on  said  lines  from  the  south  branch  of  the 
Chicago  river  and  west  of  Halsted  street,  between  the  south  line  ol 
Van  Buren  street  and  the  north  line  of  Harrison  street,  to  Sacramento 
avenue,  over,  along,  upon  and  across  such  lots,  lands  and  property  as 
the  company  now  owns  or  may  hereafter  acquire  by  lease,  purchase, 
condemnation  or  otherwise,  to  Sacramento  avenue,  and  from  Sacra- 
mento avenue  over,  along,  upon  and  across  such  lots,  lands  and  prop- 
erty as  the  company  now  owns,  or  hereafter  may  acquire  by  lease,  pur- 
chase, condemnation  or  otherwise,  north  of  West  Polk  street  and  south 
of  West  Adams  street,  both  produced  west  from  Sacramento  avenue  to 
the  western  limits  of  the  city  of  Chicago. 

Second.  And,  for  the  first  branch  of  said  railroad,  commencing 
at  a point  to  be  selected  by  said  company  on  the  said  main  line  of  its 
railroad  between  Ashland  avenue  on  the  east,  and  Wood  street  on  the 
west;  and  running  thence  between  the  streets  last  aforesaid,  over, 
along,  upon  and  across  such  lots,  lands  and  property  as  the  said  com- 
pany now  owns  or  hereafter  may  acquire  by  lease,  purchase,  condem- 
nation or  otherwise,  to  a point  to  be  selected  by  said  railroad  company 
between  Eighteenth  street  and  Twenty-first  street;  and  thence  between 
the  streets  last  aforesaid  or  the  lines  of  said  streets  extended,  over, 
along,  upon  and  across  such  lots,  lands  and  property  as  the  company 
now  owns  or  may  hereafter  acquire  by  lease,  condemnation,  purchase 
or  otherwise,  to  a point  to  be  selected  by  said  company  at  or  near  to 
the  western  limits  of  said  city  of  Chicago. 

Third.  And,  for  the  second  branch  of  said  railroad,  commencing 
at  a point  to  be  selected  by  said  company  upon  its  said  main  line,  be- 
tween Ashland  avenue  on  the  east  and  Wood  street  on  the  west,  and 
running  thence  between  the  said  streets  or  the  lines  thereof  extended, 
over,  along,  upon  and  across  such  lots,  lands  and  property  as  the  com- 
pany now  owns  or  hereafter  may  acquire  by  lease,  purchase,  condem- 
nation or  otherwise,  to  a point  to  be  selected  by  said  company  at  or 
near  Milwaukee  avenue;  thence  within  and  between  two  lines  parallel 
with  Milwaukee  avenue  (one  of  said  lines  to  be  drawn  400  feet  north- 
east of  the  center  line  of  Milwaukee  avenue,  and  the  other  line  to  be 
drawn  1,000  feet  southwest  of  said  center  line  of  Milwaukee  avenue), 
over,  upon,  along  and  across  such  lots,  lands  and  property  as  the 
company  now  owns  or  may  hereafter  acquire  by  lease,  purchase,  con- 
demnation or  otherwise,  to  a point  to  be  selected  at  or  near  the  city 
limits. 

Fourth.  And,  for  the  third  branch  of  said  railroad,  commencing 
at  a point  to  be  selected  by  said  companv  upon  its  said  second  branch 
between  North  avenue  and  Bloomingdale  road  to  be  selected  by  said 
company  between  said  parallel  lines;  thence  between  said  last  men- 
tioned streets  or  the  lines  thereof,  extended,  over,  along,  upon  and 
across  such  lots,  lands  and  property  as  the  company  now  owns  or  may 


924 


RAILWAYS ELEVATED. 


[§  402 


hereafter  acquire  by  lease,  purchase,  condemnation  or  otherwise,  to  a 
point,  to  be  selected  by  said  company,  in  or  near  the  present  western 
limits  of  the  city  of  Chicago;  Provided,  that  said  company  shall  not 
use  or  acquire  by  purchase,  condemnation  or  otherwise,  a right  of  way 
upon  and  along  the  routes  aforesaid,  exceeding  in  width  fifty  feet,  ex- 
cept at  curves  and  at  or  approaching  termini,  stations  or  platforms, 
or  for  the  location,  construction  and  maintenance  of  termini,  stations 
or  platforms. 

1"  2.  Crossing  river — bridge.]  § 2.  The  said  company  may 
cross  the  Chicago  river,  as  provided  in  section  1,  either  by  means  of 
a new  bridge  hereby  authorized  to  be  constructed  by  it,  upon  such 
plans  and  in  such  manner  as  shall  be  approved  by  the  commissioner  of 
public  works,  or,  at  its  option,  by  means  of  the  existing  bridge  now 
erected  at  Van  Buren  street  at  the  said  place  of  crossing  and,  for  that 
purpose,  the  said  company  may,  at  its  own  expense,  rebuild  and  en- 
large the  said  existing  bridge,  upon  such  plans  and  in  such  manner  as 
shall  be  approved  by  the  mayor  and  commissioner  of  public  works ; but 
the  same,  as  so  rebuilt  and  enlarged,  shall  not,  nor  shall  such  new 
bridge  hereby  authorized,  be  so  constructed  as  to  unnecessarily  ob- 
struct navigation  or  drainage. 

T 3.  Plans  — approval  — inspection.]  §3.  The  said  railroad 
company  may  cross  at  an  elevation,  as  hereinafter  specified,  any  and 
all  streets,  avenues,  alleys,  public  places  and  railroad  tracks  upon  or 
along  the  line  of  said  routes  as  designated  in  the  first  section  hereof. 
The  said  railroad  company  shall  prepare  and  submit  to  the  commis- 
sioner of  public  works  of  the  city  of  Chicago,  plans  and  specifications 
of  a standard  section  of  said  railroad  structure  proposed  to  be  adopted 
by  the  said  company,  and  the  said  commissioner  shall  forthwith  examine 
the  plans  and  specifications  so  submitted  and,  in  case  such  plans  and 
specifications  conform  to  the  requirements  of  this  ordinance,  said  com- 
missioner shall  approve  the  same;  whereupon  the  said  company  may 
commence  to  build  and  erect  said  railroad  and  branches,  as  herein  au- 
thorized, in  accordance  with  said  plans  and  specifications  so  approved. 
The  said  railroad  and  branches  in  this  ordinance  authorized,  shall  be 
constructed  under  and  subject  to  the  inspection  and  supervision  of  the 
commissioner  of  public  works  and  his  assistants,  who  shall  see  that 
the  same  is  constructed  in  accordance  with  said  plans  and  specifications 
so  approved,  and  the  cost  and  expense  of  such  inspection  shall  be  paid 
by  the  said  railroad  company. 

1”  4.  Tracks — telegraph,  etc. — motive  power.]  § 4.  The 

said  compariy  may,  and  it  is  hereby  authorized,  to  construct,  maintain 
and  operate  the  said  elevated  railroad  and  branches  with  one  or  more 
tracks  as  aforesaid,  and  with  such  switches,  curves,  sidings,  turnouts, 
connections,  supports,  columns,  girders,  telegraphs,  telephones  and 
signal  and  other  devices,  as  above  specified  in  the  first  section  hereof, 
across  the  streets,  avenues,  alleys,  public  places,  railroad  tracks  and 


§ 402]  METROPOLITAN  WEST  SIDE  ELEVATED  RAILROAD  CO.  925 

bridge  aforesaid,  and  over,  along,  upon  and  across  any  lands  which  it 
may  acquire  on  the  said  routes  by  lease,  purchase,  condemnation  or 
otherwise;  and  the  said  railroad  company  may  use  and  operate  the 
railroad  track  or  tracks,  hereby  authorized  to  be  constructed,  with  lo- 
comotives or  other  engines  or  motors  and  cars,  subject  to  all  ordi- 
nances of  said  city  of  Chicago  now  in  force  or  that  may  hereafter  be 
passed  applicable  thereto. 

If  5.  Limitation  of  use.]  § 5.  The  rights,  powers  and  priv- 
ileges hereby  granted  are  upon  the  express  condition  that  all  freight 
trains  and  other  rolling  stock  of  surface  steam  railroads  shall  be  abso- 
lutely excluded  from  said  elevated  railroad,  its  tracks  and  right  of  way, 
and  that  it  shall  be  used  for  moving  its  general  passenger  trains  only, 
and  for  accommodating  and  handling  passenger  traffic  and  the  mails 
exclusively,  to  which  end  said  company  shall  cause  its  trains  to  be  reg- 
ularly and  systematically  moved  at  such  intervals  as  shall  be  neces- 
sary to  accommodate  the  public,  and  the  number  of  all  such  trains  and 
the  frequency  with  which  they  are  moved  shall  be  increased  as  rapidly 
as  the  demands  of  the  public  shall  render  necessary  and  the  increase  of 
the  traffic  warrant.  And  the  consent  and  authority  hereby  given  are 
upon  the  express  agreement  and  condition  that  if  any  portion  of  the 
elevated  system  of  said  company,  authorized  by  this  ordinance,  shall 
at  any  time  be  used  by  the  freight  or  passenger  trains,  or  by  the  rolling 
stock,  of  any  surface  railroad  company,  then  all  the  rights  and  priv- 
ileges herein  granted  shall  wholly  cease  and  determine  and  be  null  and 
void  and  the  city  council  of  the  city  of  Chicago  may  order  all  that 
portion  of  said  elevated  system  located  in  the  streets  and  alleys  of  said 
city  to  be  summarily  removed  and  torn  down,  and  the  said  company, 
in  its  acceptance  of  this  ordinance,  shall  agree  that  said  company  shall 
not  be  entitled  to  recover  any  damages  from  said  city  for  such  sum- 
mary removal. 

If  6.  Specifications— fare —rights  reserved.]  § 6.  The  per- 
mission, authority  and  privileges  hereby  granted  are  upon  the  express 
condition  that  the  entire  design  and  plan  of  the  said  railroad  and  all  its 
branches  shall  be  that  of  an  elevated  structure,  and  all  material  used 
for  that  part  of  the  structure  above  the  ground  shall  be  wrought  iron 
or  steel,  except  that  the  post  connections  may  be  of  cast  iron,  and  ex- 
cept the  rails,  which  shall  be  of  steel,  and  except  the  ties  or  longitudinal 
stringers  supporting  the  rails,  and  the  safety  guards,  which  shall  be  of 
the  best  quality  and  kind  of  selected  timber,  and  except  the  track 
walks,  which  shall  be  of  wood,  and  except  that  the  supports  may  be  of 
masonry,  when  not  erected  in  any  street,  avenue,  or  alley  or  other 
public  place.  The  stairs  and  all  parts  of  the  stations,  except  the  plat- 
forms, doors  and  windows,  and  inside  sheeting  and  except  the  treads  of 
the  stairs,  shall  be  iron  or  masonry.  All  stations,  platforms  and  stairs 
shall  be  protected  by  a substantial  iron  railing.  All  of  the  materials 
used  in  the  construction  of  the  works  shall  be  of  the  best  quality  for  the 


926  RAILWAYS ELEVATED.  [§  402 

purposes  to  which  they  are  to  be  applied  and  the  work  shall  be  exe- 
cuted in  workmanlike  manner. 

Clause  1.  The  general  plan  or  plans  of  the  structure  shall  be  that 
of  an  elevated  railroad,  with  the  track  or  tracks  supported  or  upheld 
upon  or  by  a row  or  rows  of  iron  posts  or  iron  columns  or  by  masonry 
as  above  stated. 

Clause  2.  Except  where  the  width  of  any  cross  street,  avenue  or 
alley,  between  the  curbs  thereof,  is  seventy  (70)  feet  or  more,  every 
cross  street,  avenue,  or  alley  shall  be  spanned  by  a single  span  when 
and  where  the  plan  of  construction  is  one  having  a row  of  columns 
upon  or  within  the  curb  line. 

Clause  3.  The  transverse  diameter  of  each  post  or  column  placed 
in  the  roadway  of  any  street  or  avenue  shall  not  exceed  fifteen  (15)  inches 
at  the  base  and  thence  for,  at  least,  ten  (10)  feet  above  the  surface  of 
the  roadway.  The  transverse  diameter  of  a column,  when  placed  on 
or  within  the  line  of  a curb,  shall  not  exceed  twenty-six  (26)  inches  at 
the  base  and  thence  for,  at  least,  ten  (10)  feet  above  the  surface  of  the 
roadway. 

Clause  4.  The  transverse  diameter  of  the  columns  above  indi- 
cated does  not  include  fenders,  and  adequate  fenders  shall  be  fitted 
around  the  base  of  each  column  placed  in  the  roadway  of  a street  or 
avenue,  to  prevent  the  hubs  of  the  wheels  of  passing  vehicles  from 
striking  the  columns. 

Clause  5.  The  longitudinal  distance  between  columns,  when  the 
rows  of  a column  are  in  the  roadway  of  a street  or  avenue,  shall  not 
be  less  than  thirty-five  (35)  feet  except  on  curves. 

Clause  6.  The  longitudinal  distance  between  columns  on  or  with- 
in the  curb  shall  be,  at  least,  twenty-five  (25)  feet. 

Clause  7.  No  part  of  the  girders  of  the  superstructure  shall  be 
less  than  fourteen  feet  above  the  then  established  grades  of  streets  and 
alleys  and,  whenever  said  elevated  structure  crosses  or  passes  over  the 
right  of  way  and  tracks  of  existing  steam  railroads,  the  clear  headroom 
between  the  lower  chords  of  all  of  said  girders  and  the  surface  of  the 
rails  on  all  of  said  railroads  and  from  out  to  out  of  their  said  right  of 
way  shall  not  be  less  than  twenty  (20)  feet. 

Clause  8.  The  different  parts  of  the  structure  and  the  connections 
shall  be  properly  proportioned  to  resist  all  the  momentum  of  the  train 
which  can,  by  the  application  of  brakes,  be  imparted  to  the  structure. 

Clause  9.  The  most  approved  safety  guards  shall  be  provided 
to  prevent  the  cars  from  leaving  the  structure  in  case  of  accident. 

Clause  10.  All  of  the  material  used  in  the  construction  of  the 
work  shall  be  of  the  best  quality  for  the  purpose  to  which*  it  is  to  be 
applied,  and  the  work  shall  be  executed  in  the  best  style  of  the  art  and 
in  a workmanlike  manner. 

Clause  11.  The  rates  of  fare  to  be  charged  and  collected  upon 
trains  to  be  run  upon  the  said  railroad  shall  not  exceed  five  cents  per 
passenger  for  any  one  continuous  trip  within  the  city  limits.  And  the 


§ 402]  METROPOLITAN  WEST  SIDE  ELEVATED  RAILROAD  CO.  927 

city  council  expressly  reserves  the  power  to  regulate,  control,  and  fix 
• the  rates  of  fare  that  shall  be  charged  upon  any  extension  of  the  ele- 
vated system  of  said  company  when  such  extension  is  constructed  with- 
in the  present  or  future  city  limits  by  authority  of  any  ordinance  here- 
after passed. 

Tf  7.  Stations — heating  and  lighting — motive  power— fuel — 
drippings,  etc.]  § 7.  The  said  company  shall  have  permission  and 
authority,  and  the  same  are  hereby  given  and  granted  to  it,  to  construct 
and  maintain  over  the  streets,  avenues  and  alleys,  or  portions  thereof, 
across  which  its  said  elevated  railroad  is  to  be  permitted  to  be  con- 
structed as  aforesaid,  all  necessary  or  proper  stations,  platforms  and 
depot  stations,  and  to  connect  the  same  with  said  streets,  avenues  and 
alleys  by  means  of  all  necessary  stairs,  stairways,  elevators,  landing 
places  and  other  constructions  and  appliances  for  ingress,  egress  and 
the  accommodation  of  passengers;  but,  such  platforms,  stations,  stairs, 
stairways,  elevators,  landing  places,  etc.,  shall  be  so  constructed  and 
maintained  as  not  to  unnecessarily  impair  the  usefulness  of  such  streets, 
avenues  or  alleys  or  any  portion  thereof.  Neat  and  commodious  pas- 
senger stations,  of  easy  and  convenient  access  and  whose  architectural 
details  and  general  designs  shall  be  of  recognized  excellence,  shall  be 
provided,  and  all  such  station  buildings  and  appurtenances  and,  like- 
wise, all  passenger  cars,  when  the  latter  are  in  use,  shall  be  comfortably 
heated  during  the  winter  months,  or  whenever  necessary  at  any  season, 
and  they  shall  be  properly  lighted  with  gas,  electricity  or  otherwise  and 
thoroughly  ventilated  at  all  seasons;  and  the  system  of  illumination 
and  the  sanitary  fixtures  and  appliances  adopted  and  used,  shall  be 
such  as  are  recognized  as  of  the  best  for  the  purpose  to  which  they  are 
applied.  The  platforms  of  all  of  said  passenger  stations  shall  be  free 
from  obstructions  or  projections  of  any  kind;  and,  all  of  the  said  plat- 
forms and  the  lines  of  stairs  leading  to  and  from  the  same  shall  be  se- 
curely protected  by  strong  wrought  iron  or  steel  railings,  not  less  than 
three  and  one-half  feet  high.  The  permission  and  authority  to  locate, 
construct  and  maintain  all  such  requisite  platforms,  landing  and  lines  of 
stairs  leading  to  and  from  the  sidewalks  of  the  streets,  avenues  and 
alleys  and  the  said'  elevated  stations  being,  herein,  expressly  granted 
said  company,  whenever  and  wherever  such  method's  of  reaching  such 
stations  may  be  found  necessary.  Nothing  herein  contained,  however, 
shall  prohibit  said  company  from  locating  and  maintaining  its  stations 
in  buildings  which  it  may  purchase,  lease  or  erect  on  grounds  pur- 
chased, or  acquired  by  condemnation  or  lease,  wherein  it  may,  for 
the  convenience  and  comfort  of  its  patrons,  place  its  ticket  offices,  wait- 
ing rooms,  sanitary  accommodations,  stairways,  elevators  and  all  re- 
quisite methods  of  ingress  and  egress;  and  the  right  to  construct  and 
maintain  covered  passageways  or  connections  between  the  interior  of 
all  such  station  buildings  and  the  exterior  platforms  is  hereby  expressly 
granted  to  said  company.  All  of  said  supporting  columns,  cross  gir- 
ders, longitudinal  girders,  platforms,  connections  and  hand  railings 


928 


RAILWAYS ELEVATED. 


[§  402 


shall  be  thoroughly  and  neatly  painted,  in  light  colored  tints,  and  this 
general  condition  and  sightly  appearance  shall  be  maintained  at  all 
times.  The  motive  power  to  be  used  shall  be  fully  equipped  with  all 
modern  devices  best  calculated  to  prevent  noise  and  the  discharge  oi 
ashes,  sparks,  cinders,  dust,  steam  or  smoke  into  the  surrounding  at- 
mosphere. Neither  wood  nor  bituminous  coal  shall  be  used  for  fuel 
in  the  locomotive  engines  of  said  company.  Suitable  and  practical  de- 
vices shall  be  permanently  placed  and  maintained  beneath  all  stations, 
buildings  and  platforms  when  the  same  are  erected  over  any  street, 
;avenue  or  alley  and,  also,  at  all  street  crossings,  arranged  to  intercept 
and  promptly  carry  off  storm  water  and  drippings  from  melting  snow, 
*or  from  any  other  causes  whatever,  and  similar  devices  shall  also  be 
:applied  to  motive  power  and  rolling  stock  to  intercept  and  hold  all  cin- 
ders, ashes,  oil  or  any  thing  else,  that  may  drop  from  moving  trains 
to  the  surface  of  the  street  beneath  the  structure.  The  plans  and  speci- 
fications of  such  depots,  platforms  and  stairs  shall  be  submitted  to  and 
approved  by  the  commissioner  of  public  works  before  the  work  of 
construction  thereof  shall  be  commenced. 

T 8.  Rights  reserved  — grades  — viaducts  — alterations.] 
§ 8.  The  city  of  Chicago  reserves  the  right,  at  all  times  and  whenever 
it  may  deem  necessary,  to  change  the  grade  of  any  street  or  alley  across 
which  the  Metropolitan  West  Side  Elevated  Railroad  Company  may 
cross,  without  incurring  any  liability  on  the  part  of  the  city  to  said 
company,  and,  upon  notice  from  the  commissioner  of  public  works, 
acting  under  the  authority  of  the  ordinance  of  the  city  of  Chicago  di- 
recting such  change  of  grade,  the  said  company,  in  case  ^uch  grade 
shall  be  raised  more  than  eighteen  inches,  shall  immediately  proceed 
to  change  its  structure  across  any  street  where  the  grade  has  been  so 
raised,  to  conform  to  the  changed  grade,  in  such  manner  that  the  dis- 
tances and  heights  provided  in  this  ordinance  shall  not  be  reduced 
more  than  eighteen  inches,  and  such  change  of  structure  shall  be  with- 
out expense  to  the  city.  The  city  of  Chicago  reserves  the  right,  when- 
ever it  may  deem  necessary,  to  erect  and  'construct  a viaduct  and  ap- 
proaches thereto  upon  any  street  over  Which  the  Metropolitan  West 
Side  Elevated  Railroad  Company  may  cross,  without  incurring  any 
liability  on  the  part  of  the  city  to  said  company  for  any  damages  what- 
soever, and  the  said  company  shall  immediately  and  with  reasonable  dis- 
patch change  its  structure  over  any  street  where  such  viaduct  and  ap- 
proaches are  ordered  to  be  constructed  upon  notice  from  the  com- 
missioner of  public  works,  acting  on  the  authority  of  an  ordinance  of 
the  city  of  Chicago  directing  the  erection  of  such  viaduct,  and  the  said 
company  shall  rebuild  and  reconstruct  the  said  railroad  in  such  manner 
as  to  the  distances  and  heights  of  the  same  over  said  viaduct,  not  ex- 
ceeding fourteen  (14)  feet,  as  may  be  required  by  an  ordinance  of  said 
city,  and  such  change  of  structure  shall  be  without  expense  to  the  city 
and  at  the  expense  of  said  company.  If  the  said  company,  after  hav- 
ing been  notified  in  writing  by  the  commissioner  of  public  works,  act- 


§ 402]  METROPOLITAN  WEST  SIDE  ELEVATED  RAILROAD  CO.  929 

ing  under  the  authority  aforesaid,  to  change  the  structure  over  any 
street  where  the  grade  has  been  changed,  or  after  having  been  notified 
to  change  its  structure  where  any  viaduct  has  been  ordered  to  be  built 
by  the  city  of  Chicago,  shall  fail  to  proceed  to  do  so,  as  above  pro- 
vided, within  ninety  days  from  the  date  of  service  of  said  notice,  then 
the  city  of  Chicago  may  remove  the  entire  roadway  structure,  tracks 
and  railway  system  of  said  company  from  such  street  within  which  said 
viaduct  is  to  be  erected,  or  grade  is  changed,  and  shall  not  be  liable 
to  said  company  for  any  damages  of  any  kind  whatsoever  for  the  afore- 
said removal,  but  the  said  company  shall  pay  to  the  city  of  Chicago 
the  entire  cost  and  expense  of  such  removal. 

1 9.  Rights  reserved — crossing  of  other  roads.]  § 9.  The 

permission  and  authority  hereby  granted  are  upon  the  further  express 
condition  that  nothing  hereim  contained  shall  be  construed  to  prevent 
the  city  council  from  granting  to  any  other  railroad  company  the  right 
to  cross  the  line  hereby  authorized,  at  an  elevation  above  the  tracks  of 
this  company  so  great  that  the  clear  headroom  between  the  lower 
chord  of  the  girders  of  such  elevated  structure,  so  crossing,  and  the 
surface  of  the  rails  of  the  structure  of  this  company  shall  be  at  least  six- 
teen (16)  feet.  Provided,  that  in  any  changes  hereafter  to  be  made  in 
the  grade  of  said  streets,  or  the  erection  of  viaducts  across  the  same, 
said  other  railroad  company  or  companies  shall  be  obliged,  at  its  or 
their  own  cost  and  without  cost  to  the  said  Metropolitan  West  Side 
Elevated  Railroad  Company,  to  raise  its  elevated  structure  so  as  to 
conform  to  the  height  above  the  tracks  of  the  said  Metropolitan  West 
Side  Elevated  Railroad  Company  in  this  section  prescribed. 

If  10.  Conditions— time  of  completion.]  § 10.  The  privi- 
leges and  authority  hereby  granted  are  so  granted  upon  the  further  ex- 
press condition  that,  at  least,  two  tracks,  authorized  by  this  ordinance, 
shall  be  laid  down  and  constructed  for  a distance  of  eight  miles  of  said 
road  within  two  years  from  the  acceptance  of  this  ordinance  by  the  said 
company,  and  the  remainder  of  said  railroad  and  branches  within  three 
years  from  said  acceptance  of  this  ordinance,  and  if  the  said  eight  miles 
of  said  road  be  not  so  constructed  within  the  said  two  years,  then  said 
right  and  privileges  granted  to  said  company  shall  cease  and  be  null 
and  void,  but  if  the  remainder  of  said  railroad  and  branches  be  not  con- 
structed within  the  time  specified  then  said  rights  and  privileges  grant- 
ed to  said  company  therein  shall  cease  and  be  null  and  void  as  to.  the 
portion  of  such  remainder  not  so  constructed  within  the  said  time 
above  specified,  but  the  rights  and  privileges  as  to  the  portion  con- 
structed shall  remain  valid  and  in  full  force;  but,  the  time  during  which 
any  legal  proceedings  shall  be  pending,  whereby  the  said  company 
shall  be  prevented  from  or  delayed  in  constructing  its  railroad  or 
branches,  or  any  part  of  said  railroad  or  branches,  shall  be  excluded 
from  the  time  herein  prescribed  for  the  completion  of  said  elevated  rail- 
road and  branches  and  shall  be  allowed  to  said  company  in  addition  to 
59 


930 


RAILWAYS — ELEVATED. 


[§  402 


the  time  above  prescribed,  for  the  completion  thereof.  The  city  of  Chi- 
cago, however,  shall  have,  and  it  hereby  expressly  reserves,  the  right 
to  intervene  in  any  suit  or  proceeding  brought  by  any  person  or  per- 
sons seeking  to  enjoin,  restrain  or  in  any  manner  interfere  with  the 
prosecution  of  said  work  of  construction,  and  move  for  a dissolution  of 
such  injunction  or  restraining  order  and  for  any  other  proper  order  in 
such  suit,  in  case  it  shall  deem  such  suit  collusive  or  for  the  purpose  of 
delay,  or  to  extend  the  time  herein  prescribed  for  the  completion  of 
said  elevated  railroad. 

If  11.  Indemnity  clause.]  §11.  The  consent,  permission  and 
authority  hereby  given  are  upon  the  further  express  condition  that 
the  said  company  shall  and  will  forever  indemnify  and  save  harmless 
the  city  of  Chicago  against  and  from  any  and  all  damages  of  every 
kind  and  character,  including  land  and  business  damages  and  any  and 
all  damages  to  property  of  every  kind  and  character,  and  from  any  and 
all  damages,  judgments,  decrees  and  costs  and  expenses  of  the  same 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  any  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  the  said  company  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

1 12.  Deposit  of  cash  or  bonds— conditions— damages.]  § 12. 
The  consent,  permission  and  authority  hereby  given  are  upon  the  ex- 
press agreement  and  understanding  that  in  addition  to  the  bond  to  be 
executed  to  the  city  of  Chicago  by  the  said  company,  as  hereinafter 
specified,  the  said  company  shall,  within  sixty  days  from  and  after 
the  filing  of  its  formal  acceptance  of  this  ordinance  as  hereinafter 
required,  deposit  with  the  city  treasurer  of  the  city  of  Chicago  the 
sum  of  one  hundred  thousand  dollars  in  cash  or,  at  the  option  of  said 
company,  in  bonds  of  any  of  the  authorized  issues  of  Chicago  city 
bonds  at  their  par  value,  as  security  for  the  faithful  performance  and 
observance  of  the  provisions  and  conditions  of  this  ordinance;  pro- 
vided, that  the  said  sum  of  one  hundred  thousand  dollars  in  cash  or 
bonds  shall  be  returned  and  surrendered  to  the  said  company  on  the 
completion  of  five  miles  of  its  tracks  within  two  years  from  the  accept- 
ance by  the  said  company  of  this  ordinance;  and,  if  the  said  company 
shall  not  complete  within  two  years  of  the  said  acceptance  of  this  ordi- 
nance five  miles  of  its  tracks,  then  the  said  entire  sum  of  one  hundred 
thousand  dollars,  in  cash  or  in  bonds,  shall  thereupon  be  and  become 
the  property  of  the  city  of  Chicago,  as  agreed  and  liquidated  damages 
for  and  on  account  of  the  said  failure  of  the  said  company  to  complete 
said  five  miles  of  its  tracks  within  the  period  of  two  years  aforesaid, 
but  the  time  during  which  any  legal  proceeding  shall  be  pending, 
whereby  the  said  company  shall  be  prevented  from  or  delayed  in  con- 
structing its  railroad  or  branches  shall  be  excluded  from  the  time 
herein  prescribed  for  the  completion  of  said  five  miles  of  the  tracks  of 


§ 402]  METROPOLITAN  WEST  SIDE  ELEVATED  RAILROAD  CO. 


931 


said  company,  and  in  accepting  this  ordinance  the  said  company  shall 
specifically  agree  in  said  acceptance  to  said  appropriation  by  the  city  of 
Chicago  of  said  sum  of  one  hundred  thousand  dollars,  in  cash  or  bonds, 
as  agreed  and  liquidated  damages  as  aforesaid,  in  case  of  its  failure  as 
aforesaid.  Upon  the  certificate  of  the  commissioner  of  public  works 
that  five  miles  of  track  have  been  completed  in  accordance  with  the 
terms  and  conditions  of  this  ordinance,  then  the  mayor  and  comp- 
troller shall  issue  a warrant  or  order  to  said  company  upon  the  city 
treasurer  for  the  amount  of  one  hundred  thousand  dollars  so  deposited 
in  cash,  or  for  said  bonds  so  deposited,  together  with  the  coupons 
attached  at  the  time  of  deposit  thereof.  Unless  the  said  deposit  of 
one  hundred  thousand  dollars  is  made  at  the  time  and  in  the  manner 
in  this  section  prescribed  this  ordinance  shall  be  void  and  of  no 
effect. 

If  13.  Compensation.]  § 13.  On  the  first  day  of  May  in  each 
year  said  company  shall  pay  to  the  city  of  Chicago,  in  advance,  an 
annual  license  fee  of  fifty  dollars  for  each  and  every  car  used  by  it  in 
transporting  passengers  for  hire,  and,  at  the  time  of  said  payment, 
said  company  shall  file,  with  the  city  collector,  an  affidavit  subscribed 
and  sworn  to  by  its  treasurer,  or  other  officer  of  said  company,  if 
required  by  the  city  collector,  stating  the  number  of  cars  so  used  by 
said  company.  Upon  such  payment  being  made  the  city  clerk  shall 
issue  a license  to  said  company  for  each  of  its  cars  so  used,  which 
license  shall  be  issued  as  other  licenses  are  issued,  and  each  license 
shall  contain  the  number  of  the  car  for  which  the  same  is  paid,  and 
which  license  shall  be  posted  by  said  company  in  some  conspicuous 
place  inside  of  each  car  so  licensed. 

1 14.  Acquisition  of  right  of  way.]  § 14.  The  permission 
and  authority  hereby  given  and  granted  are  so1  given  and  granted  upon 
the  further  express  condition  that  said  company  shall  proceed,  within 
sixty  days  from  the  date  of  the  acceptance  of  said  ordinance,  to  pro- 
cure land  for  right  of  way,  as  hereinafter  authorized,  by  condemna- 
tion or  otherwise,  and  shall  prosecute  such  acquisition  of  said  right 
of  way  with  due  diligence  thereafter  until  the  whole  right  of  way  is 
obtained. 

T 15.  Use  of  structure  by  city— police,  etc.,  to  ride  free.] 

§ 15.  The  city  of  Chicago  shall  have  the  right  to  use  the  structure 
authorized  by  this  ordinance  for  placing  thereunder  its  police,  fire 
alarm  and  telephone  wires,  without  charge,  and  policemen  and  fire- 
men in  uniform  shall  be  entitled  to  ride  free  of  charge. 

Tf  16.  Restoration  of  streets.]  § 16.  The  consent,  permission 
and  authority  hereby  given  are  upon  the  express  agreement  and 
condition  that  the  said  company  shall  do  no  permanent  injury  to  the 
pavement,  gutters,  sidewalks,  water  pipes,  sewer  or  gas  pipes,  tele- 
graph or  electric  wires,  cables  or  pipes,  or  sidewalk  space  occupied  by 
adjacent  owners,  but  said  company  shall  restore  the  street,  pavement, 
gutters,  sidewalks,  water  pipes,  sewer  or  gas  pipes,  telegraph  or  elec- 


932 


RAILWAYS ELEVATED. 


[§  402 


trie  wires,  cable  and  pipes  and  sidewalk  space  occupied  by  adjacent 
owners,  at  its  own  expense,  to  a condition  equally  as  good*  as  before 
the  building  of  said  elevated  railroad,  so  far  as  consistent  with  the 
occupancy  by  said  company  of  said  streets,  alleys  and  sidewalk  spaces 
authorized  by  this  ordinance,  and  if  the  said  company  shall  fail  or 
refuse  so  to  do,  the  same  may  be  done  by  the  city  of  Chicago,  and 
the  said  company  shall  be  liable  to  the  city  for  the  cost  thereof. 
When  any  excavation  shall  be  made  by  said  company  in  any  street, 
alley  or  public  place,  paved  with  wooden  blocks,  the  foundation  boards 
or  planks  shall  be  removed  without  being  cut,  unless  said  cutting 
shall  be  specially  permitted  by  the  commissioner  of  public  works  of 
said  city.  The  space  and  the  surface  of  the  ground  under  said  rail- 
road, beneath  girders  and  between  columns,  so  far  as  the  same  is 
not  occupied  by  said  railroad  company,  shall  by  said  company  be  kept 
at  all  times  free  from  all  obstructions  and  in  a clean  and  wholesome 
condition,  to  the  approval  and  satisfaction  of  the  department  of  health 
or  health  officers  of  said  city  ; and  that  the  same  may  be,  at  the  option 
of  the  city  of  Chicago,  paved  by  the  city  of  Chicago  for  the  purpose 
of  public  travel  and  so  used.  Provided,  that  such  use  shall  not  in- 
terfere with  the  use  thereof  by  said  company  for  the  purpose  of  said 
railroad. 

1 17.  Bond  .]  § 17.  The  consent,  permission  and  authority 

hereby  given  is  upon  the  express  agreement  and  understanding  that 
the  Metropolitan  West  Side  Elevated  Railroad  Company,  before  ex- 
ercising any  of  the  rights  hereby  granted,  shall  execute  to  the  city 
of  Chicago  a good  and  sufficient  bond,  in  the  penal  sum  of  one  hun- 
dred thousand  dollars,  with  sureties  to  be  approved  by  the  mayor 
of  the  city  of  Chicago,  conditioned  that  it  will  observe,  perform  and 
carry  out  all  the  provisions  of  this  ordinance,  and  will  forever  indem- 
nify and  save  harmless  the  city  of  Chicago  against  and  from  any  and 
all  damages,  including  land  and  business  damages,  judgments,  decrees, 
costs  and  expenses  which  it  may  suffer  or  which  may  be  recovered 
or  obtained  against  said  city  for  or  by  reason  of,  or  growing  out  of, 
or  resulting  from  the  passage  of  this  ordinance,  or  any  matter  or 
thing  connected  therewith,  or  with  the  exercise  by  said  company  of 
the  privileges  or  any  of  them  herein  granted,  or  from  any  act  or  acts 
of  the  said  company  under  or  by  virtue  of  the  provisions  of  this  ordi- 
nance; provided,  however,  that  the  giving  of  said  bond  or  the  recovery 
of  a judgment  or  judgments  thereon  by  the  city  of  Chicago  shall  not 
be  construed  as  measuring  or  limiting  the  liability  of  said  company 
to  said  city  under  any  provisions  of  this  ordinance,  except  to  the  ex- 
tent of  such  recovery  or  recoveries.  The  bond  required  by  this  sec- 
tion shall  be  filed  with  tffi  city  clerk  within  sixty  days  from  the 
passage  of  this  ordinance. 

1"  18.  When  in  force.]  § 18.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  acceptance  by  said  corporation, 
under  its  corporate  seal;  provided,  that  if  the  said  company  shall  not 


§ 4°3] 


NORTHWESTERN  ELEVATED  RAILROAD  COMPANY. 


933 


file  with  the  city  clerk  the  bond,  at  the  time  and  in  the  manner  re* 
quired  in  this  ordinance,  and  shall  not  deposit  in  the  city  treasury  the 
amount  of  money  or  of  the  city  bonds  herein  required,  at  the  date 
and  in  the  manner  herein  designated,  and  shall  not  file  with  the  city 
clerk  its  formal  acceptance  of  the  terms  and  conditions  of  this  ordi- 
nance, within  sixty  days  from  the  passage  hereof,  then  all  rights  and 
privileges  hereby  granted  shall  be  wholly  null  and  void  and  of  no 
efifect.  • 


NORTHWESTERN  ELEVATED  RAILROAD  COMPANY. 

§ 403.  Northwestern  Elevated  Railroad  company. 

Tf  1.  Grant — route. 

*[f  2.  Crossing  river  by  bridge  or  tunnel — cost,  etc. 

■[f  3.  Plans  and  specifications— approval — supervision. 

^f  4.  Tracks — telegraph,  etc. — motive  power. 

5.  Limitation  of  use. 

■f  6.  Specifications — rate  of  fare. 

•fj-  7.  Stations— lighting  and  heating — fuel— drippings,  etc. 

■jf  8.  Rights  reserved — grades — viaducts. 

1[  9-  Rights  reserved — crossing  of  other  roads. 

■jf  10.  Conditions — time  of  completion. 

If  11.  Indemnity  clause. 

^f  12  Deposit  of  cash  or  bonds — conditions. 

If  13.  Compensation. 

^f  14.  Acquisition  of  right  of  way — location — approval. 

Tf  15.  Use  of  structure  by  city. 

Tf  16.  Restoration  of  streets — cleanliness — space  under  railroad. 

Tf  17.  Bond. 

■jf  18.  When  in  force. 

An  ordinance  granting  permission  to  the  Northwestern  Elevated  Railroad  Com- 
pany to  construct,  maintain  and  operate  an  elevated  railroad  and  branches 
in  the  city  of  Chicago.  (Passed  January  8,  1894.  Accepted  January  15, 
1894) 

If  1.  Grant —route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the  same 
are  hereby  given  and  granted  to  the  Northwestern  Elevated  Railroad 
Company  to  construct,  maintain  and  operate,  for  a period  of  fifty  (50) 
years  from  and  after  the  passage  hereof,  an  elevated  railroad  and 
branches,  with  two  or  more  tracks,  not  exceeding  four,  as  the  company 
may,  from  time  to  time,  determine  to  be  necessary;  and  such  curves, 
spurs,  side  tracks,  switches,  sidings,  turnouts,  connections,  supports, 
columns,  girders,  telegraphs,  telephones  and  signal  and  other  devices 
as  the  company  may,  in  like  manner,  deem  necessary  for  operating 
its  road  along  and  upon  the  routes  hereafter  named;  provided,  how- 
ever, that  the  location  and  number  of  side  tracks  and  switches  shall 


934  RAILWAYS ELEVATED.  [§  403 

be  subject  to  the  approval  of  the  commissioner  of  public  works.  The 
routes  hereby  authorized  are  as  follows: 

First.  1 or  the  main  line  of  said  railroad,  commencing  at  Mon- 
roe street,  or  at  a street  or  point  north  of  Monroe  street,  and  between 
Wabash  avenue  on  the  east  and  Market  street  on  the  west  and  ex- 
tending, in  a northerly  or  northwesterly  direction,  to  the  Chicago 
river;  thence  across  the  Chicago  river  to  a point  between  Cass  street, 
extended  to  the  Chicago  river,  and  the  north  branch  of  the  Chicago 
river;  thence  extending,  in  a northerly  or  northwesterly  direction,  to 
the  city  limits. 

Second.  The  first  branch  of  said  railroad  shall  commence  at  the 
main  line,  at  a point  north  of  Monroe  street  and  south  of  the  Chicago 
river,  and  run  westerly  across  the  south  branch  of  the  Chicago  river 
to  a point  not  more  than  one  thousand  (1,000)  feet  west  of  Halsted 
street  and  continuing  with  two  branches,  one  running  northwesterly 
to  the  city  limits  and  one  running  northwardly  to  the  city  limits. 

Third.  The  second  branch  shall  commence  at  the  main  line  be- 
tween North  avenue  and  Chicago  avenue  and,  extending  in  a west- 
erly direction,  to  a point  between  Western  avenue  and  Ashland  ave- 
nue; thence  in  a northerly  direction,  to  the  city  limits. 

Fourth.  The  third  branch  shall  commence  at  the  main  line  be- 
tween North  avenue  and  Diversey  street  and  extend,  in  a northerly 
or  northeasterly  direction,  to  the  city  limits. 

Fifth.  The  fourth  branch  shall  commence  at  the  main  line  be- 
tween North  avenue  and  Belmont  avenue  and  extend,  westerly,  to  the 
city  limits. 

Tf  2.  Crossing  river  by  bridge  or  tunnel— cost,  etc.]  § 2. 

The  said  company  may  cross  the  main  and  south  branches  of  the  Chi- 
cago river,  as  provided  in  section  1,  with  its  main  line  and  first  branch 
line,  either  by  means  of  a new  bridge  for  such  main  line  and  a new 
bridge  for  such  first  branch  line,  and  which  are  hereby  authorized  to 
be  constructed  by  it,  or  by  means  of  a tunnel  or  tunnels  under  the 
main  branch  or  south  branch  of  the  Chicago  river,  upon  such  plans 
and  in  such  manner  as  shall  be  approved  by  the  commissioner  of 
public  works,  or,  at  said  company’s  option,  by  means  of  any  one,  of  the 
existing  bridges  now  erected  across  the  main  or  south  branch  of  said 
river,  excepting  Lake  street  bridge;  and,  for  that  purpose,  the  said 
company  may,  at  its  own  expense,  rebuild  and  enlarge  any  such  exist- 
ing bridge,  or  bridges,  upon  such  plan  and  in  such  manner  as  shall 
be  approved  by  the  mayor  and  commissioner  of  public  works;  but 
the  same  as  so  rebuilt  and  enlarged  shall  not,  nor  shall  such  new 
bridge  or  bridges  hereby  authorized,  be  so  constructed  as  to  unneces- 
sarily obstruct  navigation  or  drainage;  provided,  that  if  any  existing 
bridge  is  used  it  shall  be  so  reconstructed  as  not  to  in  any  manner 
interfere  with  traffic  as  it  now  or  may  hereafter  exist,  and  all  expense 
of  operating,  repairing  and  maintaining  such  bridge  or  bridges  shall 
be  borne  by  said  Northwestern  Elevated  Railroad  Company,  its  suc- 
cessors or  assigns,  during  the  life  of  this  ordinance. 


§ 403]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY.  935 

1 3.  Plans  and  specifications— approval— supervision.]  § 3. 

The  said  railroad  company  may  construct  and  operate  its  railroad,  at 
an  elevation  as  hereinafter  specified,  across  any  and  all  streets,  avenues, 
alleys,  public  places  and  railroad  tracks  upon  or  along  the  line  of  said 
routes  as  designated  in  the  first  section  hereof.  The  said  railroad 
company  shall  prepare  and  submit  to  the  commissioner  of  public 
works  of  the  city  of  Chicago  plans  and  specifications  of  a standard 
section  of  said  railroad  structure  proposed  to  be  adopted  by  the  said 
company;  and  the  said  commissioner  shall  forthwith  examine  the 
plans  and  specifications  so  submitted,  and  in  case  such  plans  and  speci- 
fications conform  to  the  requirements  of  this  ordinance,  said  commis- 
sioner shall  approve  the  same;  whereupon  the  said  company  may  com- 
mence to  build  and  erect  said  railroad  and  branches  as  herein  author- 
ized, in  accordance  with  said  plans  and  specifications  so  approved. 
The  said  railroad  and  branches  in  this  ordinance  authorized  shall  be 
constructed  under  and  subject  to  the  inspection  and  supervision  of  the 
commissioner  of  public  works,  who  shall  see  that  the  same  is  con- 
structed in  accordance  with  said  plans  and  specifications  so  approved. 

If  4.  Tracks,  telegraph,  etc— motive  power.]  § 4.  The  said 
company  may  and  is  hereby  authorized  to  construct,  maintain  and 
operate  the  said  elevated  railroad  and  branches  with  one  or  more 
tracks,  as  aforesaid,  and  with  such  switches,  curves,  sidings,  turnouts, 
connections,  supports,  columns,  girders,  telegraphs,  telephones  and 
signal  and  other  devices,  as  above  specified  in  the  first  section  hereof, 
across  the  streets,  avenues,  alleys,  public  places,  railroad  tracks 
and  bridges  aforesaid  and  over  and  across  any  alleys  in  the  district, 
in  which  the  route  herein  specified  is  located;  and  also  over,  upon, 
along  and  across  any  lands  which  it  may  acquire  on  the  said  routes 
by  lease,  purchase,  condemnation  or  otherwise,  and  the  said  railroad 
company  may  use  and  operate  the  railroad  track  or  tracks,  hereby 
authorized  to  be  constructed,  with  locomotive  or  other  engines  or 
motors,  and  railway  cars,  subject  to  all  ordinances  of  said  city  of 
Chicago  now  in  force,  or  that  may  hereafter  be  passed  and  be  in 
operation. 

1 5.  Limitation  of  use.]  § 5.  The  rights,  powers  and  privi- 
leges hereby  granted  are  upon  the  express  condition  that  all  freight 
trains  and  other  rolling  stock  of  surface  steam  railroads  shall  be"  abso- 
lutely excluded  from  said  elevated  railroad,  its  tracks  or  right  of  way, 
and  that  it  shall  be  used  for  moving  its  general  passenger  trains  only 
and  for  accommodating  and  handling  passenger  traffic  and  the  mails 
exclusively;  to  which  end  the  said  company  shall  cause  its  trains  to  be 
regularly  and  systematically  moved  at  such  intervals  as  shall  be  neces- 
sary to  accommodate  the  public,  and  the  number  of  all  such  trains, 
and  the  frequency  with  which  they  are  moved,  shall  be  increased  as 
rapidly  as  the  demands  of  the  public  shall  render  necessary,  and  the 
increase  of  traffic  warrant.  And  the  consent  and  authority  hereby 
given  are  upon  the  express  agreement  and  condition  that  if  any  por- 


936 


RAILWAYS ELEVATED. 


tion  of  the  elevated  system  of  said  company,  authorized  by  this  ordi- 
nance, shall  at  any  time  be  used  by  the  freight  or  passenger  trains 
or  by  rolling  stock  of  any  surface  steam  railroad  company,  then  all 
the  rights  and  privileges  herein  granted  shall  wholly  cease  and 
determine  and  be  null  and  void,  and  the  city  council  of  the  city  of 
Chicago  may  order  all  that  portion  of  said  elevated  system  located  in 
or  crossing  I he  streets  and  alleys  of  said  city  to  be  summarily  removed 
and  torn  down,  and  the  said  company,  in  its  acceptance  of  this  ordi- 
nance, shall  agree  that  said  company  shall  not  be  entitled  to  recover 
any  damages  from  said  city  for  such  summary  removal. 

1 6.  Specifications— rate  of  fare.]  § 6.  The  permission,  au- 
thority and  privileges  hereby  granted  are  upon  the  express  condition 
that  the  entire  design  and  plan  of  the  said  railroad  and  all  its  branches 
shall  be  that  of  an  elevated  structure,  and  all  material  used  for  that 
part  of  its  structure  above  the  ground  shall  be  wrought  iron  or  steel, 
except  that  the  post  connections  may  be  of  cast  iron,  and  except  the 
rails,  which  shall  be  of  steel,  and  except  the  ties,  or  longitudinal  string- 
ers supporting  the  rails,  and  the  safety  guards,  which  shall  be  of  the 
best  quality  and  kind  of  selected  timber,  and  except  the  track  walks, 
which  shall  be  of  wood,  and  except  that  the  supports  may  be  of 
masonry,  when  not  erected  in  or  crossing  any  street,  avenue,  alley  or 
other  public  place.  The  stairs  and  all  parts  of  the  stations,  except  the 
platforms,  doors  and  windows  and  inside  sheeting,  and  except  the 
treads  of  the  stairs,  shall  be  of  iron  or  masonry.  All  stations,  plat- 
forms and  stairs  shall  be  protected  by  a substantial  iron  railing.  All 
of  the  materials  used  in  the  construction  of  the  work  shall  be  of  the 
best  quality  for  the  purposes  to  which  they  are  to  be  applied,  and 
that  the  work  shall  be  executed  in  workmanlike  manner. 

Clause  i.  The  general  plan  or  plans  of  the  structure  shall  be 
that  of  an  elevated  railroad,  with  the  track  or  tracks  supported  or  up- 
held upon  or  by  a rowr  or  rows  of  iron  posts  or  iron  columns,  or  by 
masonry,  as  above  stated. 

Clause  2.  Except  where  the  width  of  any  cross  street,  avenue 
or  alley,  between  the  curbs  thereof,  is  seventy  (70)  feet  or  more,  every 
cross  street,  avenue  or  alley  shall  be  spanned  by  a single  span,  when 
and  where  the  plan  of  construction  is  one  having  a row  of  columns 
upon  or  within  the  curb  line. 

Clause  3.  The  transverse  diameter  of  each  post  or  column  placed 
in  the  roadway  of  any  street  or  avenue  shall  not  exceed  eighteen  (18) 

• inches  at  the  base  and  thence  for  at  least  ten  (10)  feet  above  the  sur- 
face of  the  roadway.  The  transverse  diameter  of  a column  when 

. placed  on.  or  within -the  line  of  a curb  shall  not  exceed  twenty-six  (26) 

• inches  at -the  base  and  vtlience  for  at  least  ten  (10)  feet  above  the  sur- 
r face  of  the.  joadway. 

Clause. 4.  The.  transyerse -diameter  of  the. columns  above  indi- 
cated does  not  include  fenders;  and  adequate  fenders  shall  be  fitted 
around  -the  base  of  each  column  placed  in  the  yoa^way  of  a street  or 


§ 403]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY.  937 

avenue  to  prevent  the  hubs  of  the  wheels  of  passing  vehicles  from 
striking  the  columns. 

Clause  5.  The  longitudinal  distance  between  columns,  when  the 
rows  of  a column  are  in  the  roadway  of  a street  or  avenue,  shall  not 
be  less  than  thirty-five  (35)  feet  except  on  curves. 

Clause  6.  The  longitudinal  distance  between  columns  on  or 
within  the  curb  shall  be  at  least  twenty-five  (25)  feet. 

Clause  7.  No  part  of  the  girders  of  the  superstructure  shall  be 
less  than  fourteen  (14)  feet  above  the  then  established  grade  of  streets 
and  alleys,  and  whenever  said  elevated  structure  crosses  or  passes 
over  the  right  of  way  and  tracks  of  existing  steam  railroads,  the  clear 
head  room  between  the  lower  chord  of  all  of  said  girders  and  the  sur- 
face of  the  rails  on  all  of  said  railroads,  and  from  out  to  out  of  their 
said  right  of  way,  shall  not  be  less  than  twenty  (20)  feet. 

Clause  8.  The  different  parts  of  the  structure  and  the  connec- 
tions shall  be  properly  proportioned  to  resist  all  the  momentum  of  the 
train  which  can,  by  the  application  o-f  brakes,  be  imparted  to  the 
structure. 

Clause  9.  The  most  approved  safety  guards  shall  be  provided 
to  prevent  the  cars  from  leaving  the  structure  in  case  of  accident. 

Clause  10.  AH  of  the  material  used  in  the  construction  of  the 
work  shall  be  of  the  best  quality  for  the  purpose  to  which  it  is  to  be 
applied,  and  the  work  shall  be  executed  in  the  best  style  of  the  art  and 
in  a workmanlike  manner. 

Clause  11.  It  is  understood  that  a five  (5)  cent  rate  of  fare  shall 
be  established  on  the  main  line  in  conjunction  with  the  branches  of 
the  said  railroad,  and  no  more  than  five  (5)  cents  shall  be  charged  and 
collected  per  passenger  for  any  one  continuous  trip,  within  the  city 
limits,  upon  said  main  line  or  any  of  said  branches  or  upon  any  exten- 
sion of  same,  or  any  connection  thereof,  operated,  managed  or  con- 
trolled by  said  Northwestern  Elevated  Railroad  Company,  its  success- 
ors, assigns  or  lessees;  Provided,  however,  that  police,  firemen  and 
mail  carriers  in  uniform  may  be  permitted  to  ride  free  of  charge. 

1 7.  Stations— lighting  and  heating— fuel— drippings,  etc.] 
§ 7.  The  said  company  shall  have  permission  and  authority,  and  the 
same  are  hereby  given  and  granted  to  it,  to  construct  and  maintain 
over  the  streets,  avenues  and  alleys,  or  portions  thereof,  across  which 
its  said  elevated  railroad  is  to  be  permitted  to  be  constructed  as  afore- 
said, all  necessary  or  proper  stations,  platforms  and  depot  stations,  and 
to  connect  the  same  with  said  streets,  avenues  and  alleys  by  means  of 
all  necessary  stairs,  stairways,  elevators,  landing  places  and  other  con- 
structions and  appliances  for  ingress,  egress  and  the  accommodation 
of  passengers;  but,  such  platforms,  stations,  stairs,  stairways,  eleva- 
tors, landing  places,  etc.,  shall  be  so  constructed  and  maintained  as 
not  to  unnecessarily  impair  the  usefulness  of  such  streets,  avenues  or 
alleys  or  any  portion  thereof.  Neat  and  commodious  passenger  sta- 
tions of  easy  and  convenient  access  shall  be  provided  and  all  such  sta- 


938 


RAILWAYS — ELEVATED. 


[§  403 


tion  buildings  and  appurtenances,  and  likewise  all  passenger  cars — 
when  the  latter  are  in  use — shall  be  comfortably  heated  during  the 
winter  months,  or  whenever  necessary  at  any  season,  and  they  shall 
be  properly  lighted  with  gas,  electricity,  or  otherwise,  and  thoroughly 
ventilated  at  all  seasons.  The  platforms  of  all  of  said  passenger  sta- 
tions shall  be  free  from  obstructions  or  projections  of  any  kind;  and 
all  of  said  platforms  and  lines  of  stairs  leading  to  and  from  the  same 
shall  be  securely  protected  by  strong  wrought  iron  or  steel  railings, 
not  less  than  three  and  one-half  feet  high.  The  permission  and  au- 
thority to  locate,  construct  and  maintain  all  such  requisite  platforms, 
landings  and  lines  of  stairs,  leading  to  and  from  the  sidewalks  of  the 
streets,  avenues  and  alleys  and  the  said  elevated  stations,  being  here- 
in expressly  granted  said  company,  whenever  and  wherever  such 
methods  of  reaching  said  stations  may  be  found  necessary.  Nothing 
herein  contained,  however,  shall  prohibit  said  company  from  locating 
and  maintaining  its  stations  in  buildings  which  it  may  purchase,  lease 
or  erect  on  grounds  purchased  or  acquired  by  condemnation  or  lease 
wherein  it  may,  for  the  convenience  and  comfort  of  its  patrons,  place 
its  ticket  offices,  waiting  rooms,  sanitary  accommodations,  stairways, 
elevators  and  all  requisite  methods  of  ingress  and  egress,  and  the  right 
to  construct  and  maintain  covered  passage  ways  or  connections  be- 
tween the  interior  of  all  such  station  buildings  and  the  exterior  plat- 
forms is,  hereby,  expressly  granted  to  said  company.  All  of  said 
supporting  columns,  cross  girders,  longitudinal  girders,  plat- 
form connections  and  hand  railings  shall  be  painted,  and  sightly 
appearance  shall  be  maintained  at  all  times.  The  motive  power  to  be 
used  shall  be  fully  equipped  with  all  modern  devices  best  calculated 
to  prevent  noise  and  the  discharge  of  ashes,  sparks,  cinders,  dust, 
steam  or  smoke  into  the  surrounding  atmosphere.  Neither  wood  nor 
bituminous  coal  shall  be  used  for  fuel  in  the  locomotive  engines  of  said 
company.  Suitable  and  practical  devices  shall  be  permanently  placed 
and  maintained  beneath  all  station  buildings  and  platforms  when  the 
same  are  erected  over  any  street,  avenue  or  alley  and,  also,  at  all 
street  crossings,  arranged  to  intercept  and  promptly  carry  off  storm 
water  and  drippings  from  melting  snow,  or  from  any  other  causes 
whatever;  and,  similar  devices  shall  also  be  applied  to  motive  power 
and  rolling  stock  to  intercept  and  hold  all  cinders,  ashes,  oil  or  any 
thing  else  that  may  drop  from  moving  trains  to  the  surface  of  the 
street  beneath  the  structure.  The  plans  and  specifications  of  such 
depots,  platforms  and  stairs  shall  be  submitted  to  and  approved  by  the 
commissioner  of  public  works  before  the  work  of  construction  thereof 
shall  be  commenced. 

1 8,  Rights  reserved— grades— viaducts.]  § 8.  The  city  of 
Chicago  reserves  the  right,  at  all  times,  and  whenever  it  may  deem 
necessary,  to  change  the  grade  of  any  street  or  alley  across  which  the 
Northwestern  Elevated  Railroad  Company  may  cross,  without  in- 


§ 4°3] 


NORTHWESTERN  ELEVATED  RAILROAD  COMPANY. 


939 


curring  any  liability  on  the  part  of  the  city  to  said  company  and,  upon 
notice  from  the  commissioner  of  public  works,  acting  under  the  au- 
thority of  the  ordinance  of  the  city  of  Chicago  directing  such  change 
of  grade,  the  said  company,  in  case  such  grade  shall  be  raised  more 
than  eight  inches,  shall  immediately  proceed  to  change  its  structures 
across  any  street  where  the  grade  has  been  so  raised,  to  conform  to  the 
changed  grade,  in  such  manner  that  the  distances  and  heights  provided 
in  this  ordinance  shall  not  be  reduced  more  than  eighteen  inches,  and 
such  change  of  structure  shall  be  without  expense  to  the  city.  The 
city  of  Chicago  reserves  the  right,  whenever  it  may  deem  necessary, 
to  erect  and  construct  a viaduct  and  approaches  thereto  upon  any 
street  over  which  the  Northwestern  Elevated  Railroad  Company  may 
cross,  without  incurring  any  liability  on  the  part  of  the  city  to  said 
company,  for  any  damages  whatsoever,  and  the  said  company  shall 
immediately  and  with  reasonable  dispatch  change  its  structure  over 
any  street  where  such  viaduct  and  approaches  are  ordered  to  be  con- 
structed, upon  notice  from  the  commissioner  of  public  works,  acting 
on  the  authority  of  an  ordinance  of  the  city  of  Chicago,  directing  the 
erection  of  such  viaduct,  and  the  said  company. shall  rebuild  and  re- 
construct the  said  railroad  in  such  manner  as  to  the  distance  and 
heights  of  the  same  over  said  viaduct,  not  exceeding  fourteen  (14) 
feet,  as  may  be  required  by  an  ordinance  of  said  city,  and  such  change 
of  structure  shall  be  without  expense  to  the  city  and  at  the  expense 
of  said  company.  If  the  said  company,  after  having  been  notified,  in 
writing,  by  the  commissioner  of  public  works,  acting  under  the  au- 
thority aforesaid,  to  change  the  structure  over  any  street  where  the 
grade  has  been  changed,  or  after  having  been  notified  to  change  its 
structure  where  any  viaduct  has  been  ordered  to  be  built  by  the  city 
of  Chicago,  shall  fail  to  proceed  to  do  so,  as  above  provided,  within 
six  months  from  the  date  of  service  of  said  notice,  then  the  city  of 
Chicago  may  remove  the  entire  roadway  structure,  tracks  and  rail- 
way system  of  said  company  from  such  street  within  which  said  viaduct 
is  to  be  erected,  or  grade  is  changed,  and  shall  not  be  liable  to  said 
company  for  any  damages  of  any  kind  whatsoever  for  the  aforesaid 
removal,  but  the  said  company  shall  pay  to  the  city  of  Chicago  the 
entire  cost  and  expense  of  such  removal. 

H 9.  Rights  reserved — crossing  of  other  roads.]  § 9.  The 

permission  and  authority  hereby,  granted  are  upon  the  further  express 
condition  that  nothing  herein  contained  shall  be  construed  to  prevent 
the  city  council  from  granting  to  any  other  railroad  company  the  right 
to  cross  the  line  hereby  authorized,  at  an  elevation  above  the  tracks 
of  this  company  so  great  that  the  clear  headroom  between  the  lower 
chord  and  the  girders  of  such  elevated  structure  so  crossing,  and  the 
surface  of  the  rails  of  the  structure  of  this  company  shall  be  at  least 
sixteen  (16)  feet.  Provided,  that  in  any  changes  hereafter  to  be  made 
in  the  grade  of  the  streets,  or  the  erection  of  viaducts  across  the  same, 


940 


RAILWAYS ELEVATED. 


[§  403 


said  other  railroad  company  or  companies  shall  be  obliged  at  its  or 
their  own  cost  and  without  cost  to  the  said  Northwestern  Elevated 
Railroad  Company,  to  raise  its  elevated  structure  so  as  to  conform  to 
the  height  above  the  tracks  of  the  said  Northwestern  Elevated  Rail- 
road Company  in  this  section  prescribed. 

IF  10.  Conditions— time  of  completion.]  § 10.  The  privi- 
leges and  authority  hereby  granted  are  so  granted  upon  the  further 
express  condition  that,  at  least,  that  part  of  the  elevated  railroad,  here- 
by authorized,  from  the  southern  terminus  of  said  main  line  south  of 
the  river  to  Wilson  avenue  in  the  town  of  Lake  View  in  the  city  of 
Chicago  be  constructed  and  equipped  and  in  operation  within  three 
years  from  the  acceptance  of  this  ordinance  by  the  said  company; 
and,  if  not  so  constructed,  equipped  and  in  operation  within  the  said 
three  years,  then  all  the  rights  and  privileges  herein  granted  to  said 
company  shall  absolutely  cease  and  be  null  and  void;  and,  that  said 
elevated  railroad  shall  be  extended  north  from  said  Wilson  avenue  to 
the  present  city  limits  on  the  north  within  ten  years  from  said  accept- 
ance, and  unless  said  road  be  so  constructed  from  Wilson  aventie  to 
said  city  limits  within  ten  years  from  said  acceptance,  then,  all  the 
rights  and  privileges  granted  to  said  company  as  to  the  portion  of 
such  road  not  so  constructed  shall  cease  and  be  void  and  the  said 
company  shall  further  pay  in  to  the  treasury  of  the  city  of  Chicago 
as  liquidated  damages  for  its  failure  to  complete  said  road  from  Wilson 
avenue  to  the  northerly  city  limits,  the  sum  of  $25,000  for  every  un- 
completed mile  of  such  road.  All  other  portions  of  the  main  road  and 
branches  authorized  by  this  ordinance  must  be  completed  within  five 
years  from  the  acceptance  of  this  ordinance,  and  as  to  any  portion  of 
the  said  road  not  completed  within  that  time  the  rights  and  privileges 
granted  to  said  company  by  this  ordinance  shall  absolutely  cease  and 
be  void,  but  the  rights  and  privileges  as  to  the  portion  constructed 
shall  remain  valid  and  in  full  force.  The  time  during  which  any  legal 
proceedings  shall  be  pending  whereby  the  said  company  shall  be  pre- 
vented from  or  delayed  in  constructing  its  railroad  or  branches,  or 
any  part  thereof,  shall  be  excluded  from  the  time  herein  prescribed 
for  the  completion  of  said  elevated  railroad  and  branches  and  shall 
be  allowed  to  said  company  in  addition  to  the  time  prescribed  for  the 
completion  thereof;  Provided,  however,  that  such  exclusion  shall 
date  only  from  the  time  when  the  said  company  shall  have  given  notice 
to  the  corporation  counsel  of  the  city  of  Chicago  of  the  institution  of 
such  legal  proceedings.  The  city  of  Chicago  shall  have  the  right  to 
intervene  in  any  suit  or  proceeding  brought  by  any  person  or  persons 
seeking  to  enjoin,  restrain  or  in  any'manner  interfere  with  the  pros- 
ecution of  said  work  of  construction  and  move  for  a dissolution  of 
such  injunction  or  restraining  order  in  such  suit,  in  case  it  shall  deem 
such  suit  collusive  or  instituted  for  the  purpose  of  delay. 

1 11.  Indemnity  clause.]  §11.  The  consent,  permission  and 


§ 4°3] 


NORTHWESTERN  ELEVATED  RAILROAD  COMPANY. 


941 


authority  hereby  given  are  upon  the  further  express  condition  that 
the  said  company  shall  and  will  forever  indemnify  and  save  harmless 
the  city  of  Chicago  against  and  from  any  and  all  damages  of  every 
kind  and  character,  including  land  and  business  damages,  and  any 
and  all  damage  to  property  of  every  kind  and  character,  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  of  the 
same,  which  it  may  suffer  or  which  may  be  recovered  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  or  resulting  from 
the  passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  any  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  of  the  said  company  under  or 
by  virtue  of  the  provisions  of  this  ordinance. 

If  12.  Deposit  of  cash  or  bonds— conditions.]  § 12.  The 
consent,  permission  and  authority  hereby  given  are  upon  the  ex- 
press agreement  and  understanding  that,  in  addition  to  the  bond  to  be 
executed  to  the  city  of  Chicago  by  the  said  company  as  hereinafter 
specified,  the  said  company  shall  within  sixty  days  from  and  after  the 
passage  of  this  ordinance  deposit  with  the  city  treasurer  of  the  city  of 
Chicago  the  sum  of  one  hundred  thousand  dollars  in  cash  or,  at  the 
option  of  said  company,  in  bond's  of  any  of  the  authorized  issue  of 
Chicago  city  bonds  at  their  par  value,  as  security  for  the  faithful  per- 
formance and  observance  of  the  provisions  and  conditions  of  this  ordi- 
nance; Provided,  that  the  said  sum  of  one  hundred  thousand  dollars 
in  cash  or  bonds  shall  be  returned  and  surrendered  to  the  said  com- 
pany as  soon  as  that  portion  of  the  road  connecting  the  business  por- 
tion of  the  city  with  Wilson  avenue  shall  be  completed,  equipped  and 
in  operation,  provided  it  shall  be  so  completed,  equipped  and  in  opera- 
tion within  three  years  from  the  acceptance  of  this  ordinance;  other- 
wise the  said  entire  sum  of  one  hundred  thousand  dollars,  in  cash  or 
in  bonds,  shall  thereupon  be  and  become  the  property  of  the  city  of 
Chicago,  as  agreed  and  liquidated  damages  for  and  on  account  of  the 
said  failure  of  the  said  company  to  complete  said  road  up  to  Wilson 
avenue  within  the  period  of  three  years  aforesaid,  but  the  time  dur- 
ing which  any  legal  proceedings  shall  be  pending,  whereby  the  said 
company  shall  be  prevented  from  or  delayed  in  constructing  its  rail- 
road or  branches  shall  be  excluded  from  the  time  herein  prescribed 
for  the  completion  of  said  road  up  to  Wilson  avenue;  and,  in  accept- 
ing this  ordinance  the  said  company  shall  specifically  agree  in  said 
acceptance  to  said  appropriation  by  the  city  of  Chicago  of  the  said 
sum  of  one  hundred  thousand  dollars  in  cash  or  bonds  as  agreed  and 
liquidated  damages,  as  aforesaid,  in  case  of  its  failure  as  aforesaid. 
Upon  the  certificate  of  the  commissioner  of  public  works  that  the  said 
elevated  railroad  connecting  the  business  portion  of  the  city  with  Wil- 
son avenue  has  been  completed  in  accordance  with  the  terms  and  con- 
ditions of  this  ordinance,  then,  the  mayor  and  comptroller  shall  issue 
a warrant  or  order  to  said  company  upon  the  city  treasurer  for  the 


942 


RAILWAYS ELEVATED. 


[§  403 


amount  of  one  hundred  thousand  dollars  so  deposited  in  cash,  or  for 
said  bonds  so  deposited  together  with  the  coupons  attached  at  the 
time  of  deposit  thereof.  Unless  the  said  deposit  of  one  hundred  thous- 
and dollars  is  made  at  the  time  and  in  the  manner  in  this  section 
prescribed  this  ordinance  shall  be  void  and  of  no  effect. 

If  13.  Compensation.]  § 13.  On  the  first  day  of  May  in 
each  year  said  company  shall  pay  to  the  city  of  Chicago, 
in  advance,  an  annual  license  fee  of  fifty  dollars  for  each 
and  every  car  used  by  it  in  transporting  passengers  for  hire 
and,  at  the  time  of  said  payment,  said  company  shall  file  with 
the  city  collector  an  affidavit,  subscribed  and  sworn  to  by  its  treasurer 
or  other  officer  of  said  company,  if  required  by  the  city  collector,  stat- 
ing the  number  of  cars  so  used  by  said  company.  Upon  such  pay- 
ment being  made  the  city  clerk  shall  issue  a license  to  said  company 
for  each  of  its  cars  so  used,  which  license  shall  be  issued  as  other 
licenses  are  issued,  and  each  license  shall  contain  the  number  of  the 
car  for  which  the  same  is  paid  and  which  license  shall  be  posted  by 
said  company  in  some  conspicuous  place  inside  of  each  car  so  li- 
censed. After  the  expiration  of  ten  (10)  years  from  and  after  the  com- 
mencement of  the  operation  of  the  elevated  railroad  hereby  author- 
ized, or  some  part  thereof,  said  company  shall  pay  in  to  the  treasury 
of  the  city  of  Chicago,  annually,  a percentage  of  its  gross  receipts 
from  the  operation  of  said  road  and  branches,  as  compensation  for 
the  benefits  conferred  by  this  ordinance  upon  said  company,  as  fol- 
lows: One  per  cent  for  a period  of  ten  years;  two  per  cent  for  the 

following  period  of  ten  years,  and  three  per  cent  for  the  remainder  of 
the  fifty  years  for  which  this  franchise  is  granted. 

T 14.  Acquisition  of  right  of  way— location — approval.] 
§ 14.  The  permission  and  authority  hereby  given  and  granted  are 
so  given  and  granted  upon  the  further  express  condition  that  said 
company  shall  proceed  within  90  days  from  the  date  of  the  accept- 
ance of  said  ordinance  to  procure  land  for  the  right  of  way,  as  herein 
authorized,  by  condemnation  or  otherwise,  and  shall  prosecute  such 
acquisition  of  said  right  of  way  with  due  diligence  thereafter  until  the 
whole  right  of  way  is  obtained.  Within  one  year  after  the  acceptance 
of  this  ordinance  the  said  company  shall  file,  with  the  commissioner 
of  public  works,  maps  and  plans  showing  the  exact  and  definite  loca- 
tion selected  by  it  for  its  main  road  and,  within  two  years  the  exact 
and  definite  location  of  its  branches,  which  said  location  shall  be  sub- 
ject to  the  approval  of  the  mayor  and  commissioner  of  public  works; 
and  the  said  company,  after  such  approval,  shall  lose  the  right  to 
thereafter  select  any  other  location  for  its  road  and  branches. 

T 15.  Use  of  structure  by  city.]  § 15.  The  city  of  Chi- 
cago shall  have  the  right  to  use  the  structure  authorized  by  this  ordi- 
nance for  placing  thereunder  its  police,  fire  alarm  and  telephone  wires 
and  other  wires  and  conduits  for  the  use  of  the  city  without  charge. 


§ 403]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY.  943 

1 16.  Restoration  of  streets— cleanliness — space  under  rail- 
road.] § 16.  The  consent,  permission  and  authority  hereby  given 
are  upon  the  express  agreement  and  condition  that  the  said  company 
shall  do  no  permanent  injury  to  the  pavement,  gutters,  sidewalks,  wa- 
ter pipes,  sewer  or  gas  pipes,  telegraph  or  electric  wires,  cables  or 
pipes,  or  sidewalk  space  occupied  by  adjacent  owners,  but  said  com- 
pany shall  restore  the  street,  pavement,  gutters,  sidewalks,  water  pipes, 
sewer  or  gas  pipes,  telegraph  or  electric  wires,  cables  or  pipes  and 
sidewalk  space  occupied  by  adjacent  owners,  at  its  own  expense  to  a 
condition  equally  as  good  as  before  the  building  of  said  elevated  rail- 
road, so  far  as  consistent  with  the  occupancy  by  said  company  of  said 
streets,  alleys  and  sidewalk  spaces  authorized  by  this  ordinance,  and, 
if  the  said  company  shall  fail  or  refuse  so  to  do,  the  same  may  be  done 
by  the  city  of  Chicago  and  the  said  company  shall  be  liable  to  the  city 
for  the  cost  thereof.  When  any  excavation  shall  be  made  by  said  com- 
pany in  any  street,  alley  or  public  place,  paved  with  wooden  blocks, 
the  foundation  boards  or  planks  shall  be  removed  without  being  cut, 
unless  said  cutting  shall  be  specially  permitted  by  the  commissioner 
of  public  works  of  said  city.  The  space  and  the  surface  of  the  ground 
under  said  railroad,  beneath  girders  and  between  columns,  so  far  as 
the  same  is  not  occupied  by  said  railroad  company,  shall  by  said  com- 
pany be  kept  at  all  times  free  from  all  obstructions  and  in  a clean 
and  wholesome  condition,  to  the  approval  and  satisfaction  of  the  de- 
partment of  health  or  health  officers  of  said  city. 

1.17.  Bond.]  §17..  The  consent,  permission  and  authority 
hereby  given  is  upon  the  express  agreement  and  understanding  that 
the  Northwestern  Elevated  Railroad  Company,  before  exercising  any 
of  the  rights  hereby  granted,  shall  execute  to  the  city  of  Chicago  a 
good  and  sufficient  bond  in  the  penal  sum  of  one  hundred  thousand 
dollar^,  with  sureties  to  be  approved  by  the  mayor  of  the  city  of  Chi- 
cago, conditioned  that  it  will  observe,  perform  and  carry  out  all  the 
provisions  of  this  ordinance,  and  will  forever  indemnify  and  save 
harmless  the  city  of  Chicago  against  and  from  any  and  all  damages, 
including  land  and  business  damages,  judgments,  decrees,  costs  and 
expenses  which  it  may  suffer  or  which  may  be  recovered  or  obtained 
against  said  city  for  or  by  reason  of  or  growing  out  of  or  resulting 
from  the  passage  of  this  ordinance,  or  any  matter  or  thing  connected 
therewith  or  with  the  exercise  by  said  company  of  the  privileges  or 
any  of  them  herein  granted,  or  from  any  act  or  acts  of  the  said  com- 
pany under  or  by  virtue  of  the  provisions  of  this  ordinance;  Pro- 
vided, however,  that  the  giving  of  said  bond  or  the  recovery  of  a 
judgment  or  judgments  thereon  by  the  city  of  Chicago  shall  not  be 
construed  as  measuring  or  limiting  the  liability  of  said  company  to 
said  city  under  any  provisions  of  this  ordinance,  except  to  the  extent 
of  such  recovery  or  recoveries.  The  bond  required  by  this  section 


944  RAILWAYS ELEVATED.  [§  404 

shall  be  filed  with  the  city  clerk  within  sixty  days  from  the  passage 
of  this  ordinance. 

18.  When  in  force.]  § 18.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  acceptance  by  said  corporation, 
under  its  corporate  seal;  Provided,  that  if  the  said  company  shall 
not  file  with  the  city  clerk  the  bond  at  the  time  and  in  manner  re- 
quired in  this  ordinance,  and  shall  not  deposit  in  the  city  treasury 
the  amount  of  money  or  of  the  city  bonds  herein  required,  at  the  date 
and  in  the  manner  herein  designated,  and  shall  not  file  with  the  city 
clerk  its  formal  acceptance  of  the  terms  and  conditions  of  this  ordi- 
nance, within  thirty  days  from  the  passage  hereof,  then  all  rights  and 
privileges  hereby  granted  shall  be  wholly  null  ^nd  void,  and  of  no 
effect. 

Note:  See  following  amendatory  ordinances  and  agreement. 

§ 404.  Northwestern  Elevated  Railroad  company. 

1.  Amending  clause  1,  section  1,  of  foregoing  ordinance. 

1*.  Route — joint  use  of  other  roads — specifications. 

2.  Amending  section  3 of  the  foregoing  ordinance. 

3.  Amending  section  4 of  the  foregoing  ordinance. 

*f[  4.  When  in  force — acceptance — bond. 

An  ordinance  amending  an  ordinance  passed  January  8,  1894,  granting  permis- 
sion to  the  Northwestern  Elevated  Railroad  company  to  construct,  maintain 
_ and  operate  an  elevated  railroad  and  branches  in  the  city  of  Chicago. 
(Passed  June  24,  1895.  Accepted  by  the  Northwestern  Elevated  Railroad 
company  and  by  the  Union  Elevated  Railroad  company  August  19,  1895.) 

If  1.  Amending  clause  1,  section  1,  of  foregoing  ordinance.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That 

clause  first  of  section  i of  an  ordinance  passed  January  8,  1894,  grant- 
ing to  the  Northwestern  Elevated  Railroad  Company  permission  and 
authority  to  construct  and  operate  an  elevated  railroad  and  branches 
in,  upon  and  along  the  routes  named  in  said  ordinance,  be,  and  said 
clause  first  is  hereby  amended  so  that  said  clause  first,  which  author- 
izes the  construction  of  the  main  line  of  said  railroad,  shall  read  as 
follows: 

1 1*.  Route  — joint  use  of  other  roads  — specifications.] 

First — The  route  for  that  portion  of  the  main  line  of  said  railroad  south 
of  the  north  line  of  Institute  place,  in  said  city,  shall  be  as  follows: 
Beginning  at  a point  on  the  north  line  of  said  Institute  place,  between 
Market  street  and  North  Franklin  street,  thence  running  in  a south- 
easterly direction  over  and  across  said  Institute  place  to  the  south  line 
thereof,  thence  continuing  and  running  in  a southeasterly  direction 
over,  along  and  upon  any  lands  which  said  railroad  may  acquire  by 
lease,  purchase,  condemnation  or  otherwise,  and  across  any  alley  or 
public  place  to  the  north  line  of  Chicago  avenue  in  said  city,  and 
thence  continuing  and  running  in  a southeasterly  direction  over  and 
across  said  Chicago  avenue  to  North  Franklin  street,  in  said  city,  and 


§ 404]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY. 


945 


thence  continuing  and  running  in,  along  and  upon  said  North  Frank- 
lin street  to  the  intersection  of  Michigan  street,  and  thence  continuing 
easterly  in,  along  and  upon  Michigan  street  to  the  intersection  of 
Wells  street,  and  thence  southerly  in  and  along  Wells  street,  and  over 
and  across  the  Chicago  river,  and  over  and  across  Wells  street  bridge, 
and  thence  continuing  southerly  in  and  along  Fifth  avenue  to  the 
north  line  of  Harrison  street,  in  said  city;  Provided,  however,  that 
the  permission  and  authority  hereby  granted  to  the  said  Northwestern 
Elevated  Railroad  Company  as  to  that  portion  of  the  main  line  above 
described,  located  and  lying  in  Fifth  avenue,  between  the  south  line  of 
Lake  street  and  the  southern  terminus  of  said  main  line,  are  given 
and  granted  upon  condition  that  the  elevated  railroad  constructed 
hereunder  in  said  Fifth  avenue,  between  the  points  last  aforesaid,  shall 
be  subject  to  the  joint  use  of  the  said  Northwestern  Elevated  Railroad 
Company,  the  Lake  Street  Elevated  Railroad  Company,  the  Metro- 
politan West  Side  Elevated  Railroad  Company,  the  Chicago  & Soutn 
Side  Rapid  Transit  Railroad  Company  and  the  Union  Elevated  Rail- 
road Company,  under  any  and  all  contracts  now  existing,  or  which 
may  hereafter  be  entered  into  between  the  said  companies,  or  any  of 
them;  and  provided  further,  that  the  permission  and  authority  hereby 
granted  as  to  that  portion  of  the  main  line  of  said  railroad  in  said  Fifth 
avenue,  lying  between  the  south  line  of  Lake  street  and  the  southern 
terminus  of  said  railroad  in  Fifth  avenue,  are  given  and  granted  upon 
the  further  condition  that  the  said  Northwestern  Elevated  Railroad 
Company  shall  enter  into  a contract  with  the  Union  Elevated  Railroad 
Company  upon  such  terms  and  conditions  as  may  be  agreed  upon 
between  them,  whereby  the  same  shall  be  leased  to,  and  the  said  ele- 
vated structure  to  be  built  in  that  portion  of  Fifth  avenue,  between 
the  south  line  of  Lake  street  and  the  southern  terminus  of  said  line  in 
Fifth  avenue,  shall  be  constructed  and  maintained  by  the  said  Union 
Elevated  Railroad  Company,  for  the  uses  and  purposes  hereinbefore 
set  forth.  The  route  of  the  remaining  or  other  portion  of  the  main  line 
of  said  Northwestern  Elevated  Railroad  Company  shall  begin  as  now 
fixed  by  said  ordinance  of  January  8,  1894,  namely:  Beginning  at 

the  same  point  on  the  north  line  of  said  Institute  place,  at  which  the 
above  described  route  begins,  and  thence  continuing  and  extending 
northerly  and  northwesterly  to  the  city  limits. 

The  permission  and  authority  hereby  granted  to  construct,  main- 
tain and  operate  that  portion  of  the  main  line  which  is  in  and  along 
North  Franklin  street,  Michigan  street,  Wells  street  and  Fifth  avenue, 
are  upon  the  following  conditions: 

(a)  That  two  tracks  only  shall  be  constructed  and  operated  in 
and  along  said  last  named  streets,  and  such  tracks  shall  be  set  over 
the  center  of  the  street  as  nearly  as  practicable,  except  at  curves,  and 
with  the  exception  of  Chicago  avenue  there  shall  be  no  columns  or 
other  supports  at  street  intersections. 


946 


RAILWAYS ELEVATED. 


[§  404 


(b)  That  the  railroad  structure  hereby  authorized  to  be  con- 
structed and  operated  in  said  North  Franklin  street  and  Michigan 
street  shall  have  the  columns  set  along  the  curb  line. 

(c)  For  the  elevated  structure  hereby  authorized  to  be  con- 
structed in  said  .Wells  street  and  Fifth  avenue,  all  columns  and  sup- 
ports for  the  said  elevated  structure  shall  be  located  as  near  the  out- 
side rails  of  the  now  existing  surface  car  tracks  in  said  street  as  is  con- 
sistent with  the  safety  of  the  operation  of  the  latter,  and  such  columns 
and  supports  shall  nowhere  be  more  than  three  and  one-half  feet  out- 
side of  the  outside  rails  of  said  now  existing  surface  car  tracks,  except 
on  street  intersections,  where  they  shall  be  set  in  the  curb  line,  and 
except  as  hereinafter  stated. 

The  structure  of  such  elevated  railroad  in  Wells  street  and  Fifth 
avenue,  between  Michigan  street  and  Harrison  street,  shall  be  made 
as  light  and  presentable  as  is  compatible  with  the  traffic  thereon,  and 
the  space  between  the  cross  ties  of  the  tracks,  and  also  the  space  be- 
tween the  tracks  themselves,  shall  not  be  floored,  or  otherwise  closed, 
but  shall  be  left  open  for  the  transmission  of  light,  except  at  stations 
so  far  as  necessary  to  provide  for  passenger  platforms.  Said  struc- 
ture shall  be  what  is  known  as  lattice  work  construction,  the  same  as 
the  proposed  East  Lake  street  extension  construction,  from  Market 
street  to  Wabash  avenue.  The  elevated  structure  shall  span  all  cross 
streets,  and  no  columns  or  other  supports  shall  be  set  in  the  intersection 
thereof. 

If  said  elevated  structure  is  connected  with  any  elevated  track  in 
Lake  street  by  a connecting  track  curved  to  the  west,  no  part  of  the 
structure  shall  be  within  twelve  (12)  feet  of  the  general  office  build- 
ing of  the  Chicago  & Northwestern  Railway  Company,  situated  at  the 
northwest  corner  of  Lake  street  and  Fifth  avenue,  and  no  columns  or 
supports  for  such  connecting  track  or  the  structure  thereof  shall  be 
located  elsewhere  than  in  the  curb  line  of  the  street. 

A station  of  said  elevated  railroad  shall  be  located  at  the  intersec- 
tion of  Kinzie  and  Wells  streets,  and  shall  upon  the  written  request  of 
the  Chicago  & Northwestern  Railway  Company,  and  at  the  expense 
of  the  said  Northwestern  Elevated  Railroad  Company,  be  connected 
with  the  station  house  of  said  railway  company,  situated  upon  the 
southwest  corner  of  said  streets,  by  such  arrangement  of  covered  ways 
as  shall  be  approved  by  the  Chicago  & Northwestern  Railway  Com- 
pany and  the  commissioner  of  public  works  of  the  city  of  Chicago. 

A station  of  such  elevated  railroad  may  be  located  at  or  near  the 
intersection  of  Lake  street  and  Fifth  avenue,  or  said  elevated  rail- 
road companies,  or  either  of  them,  shall  use  as  a station  of  their,  or 
its  own,  a station  that  may  be  constructed  at  the  intersection  of  said 
streets  by  any  other  elevated  railroad  company,  and  the  arrangement 
of  stairways  and  platforms  for  any  such  station  shall  be  subject  to 


§ 404]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY.  947 

the  approval  of  the  Chicago  & Northwestern  Railway  Company  and 
the  commissioner  of  public  works  of  the  city  of  Chicago. 

Said  elevated  railroad  shall  span  the  viaduct  on  Wells  street  now 
existing  over  North  Water  street,  or  any  other  viaduct  that  may  be 
hereafter  constructed  at  that  point,  in  renewal  or  enlargement  of  the 
existing  viaduct,  so  as  to  have  no  columns  or  supports  for  its  elevated 
structure  at  any  point  between  the  extreme  northernmost  and  south- 
ernmost piers  or  abutments  of  such  viaduct.  Said  Northwestern  Ele- 
vated Railroad  may,  however,  construct  columns  or  supports  upon 
such  extreme  piers  or  abutments.  One-quarter  of  the  expense  of 
maintenance  of  such  now  existing  viaduct,  or  hereafter  built,  shall  be 
made  and  paid  by  said  Northwestern  Elevated  Railroad  Company, 
its  successors,  lessees  or  assigns,  and  if  at  any  time  a new  viaduct 
shall  be  built  at  the  instance  of  the  city  of  Chicago,  or  of  the  Chicago 
& Northwestern  Railway  Company,  in  renewal,  extension  or  enlarge- 
ment of  the  existing  viaduct,  said  Northwestern  Elevated  Railroad 
Company,  its  successors,  lessees  or  assigns,  shall  meet  and  pay  one- 
quarter  of  the  cost  of  construction  thereof.  If  any  columns  or  sup- 
ports of  said  Northwestern  Elevated  Railroad  Company  are  put  upon 
the  aforesaid  northernmost  and  southernmost  piers  or  abutments  of 
said  viaduct  at  any  time,  then  said  Northwestern  Elevated  Railroad 
Company,  its  successors,  lessees  and  assigns,  shall  pay  the  additional 
expense  in  the  construction  and  maintenance  of  such  piers  and  abut- 
ments as  may  be  made  necessary  for  the  use  thereof  for  such  columns 
or  supports. 

(d)  The  motive  power  to  be  used  in  the  operation  of 
that  portion  of  the  main  line  of  said  elevated  railroad  here- 
by authorized,  between  Institute  place  and  said  Harrison 
street,  shall  be  electricity,  or  some  other  motive  power  equally  clean 
and  noiseless;  Provided,  however,  that  the  said  Chicago  & South 
Side  Rapid  Transit  Railroad  Company  shall  have  the  right  to  use 
steam  as  a motive  power  for  operating  its  cars  and  trains  in  that  por- 
tion of  Fifth  avenue,  between  Lake  street  and  Harrison  street,  for  the 
period  of  three  years  from  and  after  the  passage  of  this  ordinance, 
and  upon,  and  after  the  expiration  of  said  three  years,  the  said  Chi- 
cago & South  Side  Rapid  Transit  Railroad  Company  shall  use  for  its 
motive  power  electricity,  or  some  other  motive  power  equally  clean 
and  noiseless. 

(e)  Stations  of  said  elevated  railroad  in  and  along  said  route, 
between  Institute  place  and  Harrison  street,  may  be  located  at  or  near 
Chicago  avenue  and  Franklin  street;  at  or  near  Indiana  and  Frank- 
lin street;  at  Kinzie  and  Wells  streets;  at  or  near  Fifth  avenue  and 
Lake  street;  at  or  near  Madison  street  and  Fifth  avenue,  with  stair- 
way north  on  Fifth  avenue;  at  or  near  Adams  or  Quincy  street  and 
Fifth  avenue;  at  or  near  Van  Buren  street  and  Fifth  avenue;  at  or  near 
Harrison  street  and  Fifth  avenue;  and  at  such  other  places  as  may  be 


948 


RAILWAYS ELEVATED. 


[§  404 


agreed  upon  between  the  railroad  company  constructing  and  operat- 
ing the  railroad  at  the  point  in  question  and  the  mayor  and  commis- 
sioner of  public  works  of  said  city. 

(f)  That  portion  of  said  main  line  of  said  railroad  here- 
by authorized  to  be  constructed  from  Institute  place  to  Har- 
rison street  shall  be  constructed,  equipped  and  in  operation 
within  the  period  of  time  fixed  in  and  by  section  10  of  said  ordi- 
nance of  January  8,  1894,  for  the  construction,  equipment  and  opera- 
tion of  the  corresponding  portion  of  said  main  line  to  Wilson  avenue, 
and  unless  said  main  line  of  said  railroad  hereby  authorized  to  be  con- 
structed between  Institute  place  and  Harrison  street  shall  have  been 
so  constructed,  equipped  and  in  operation  before  the  expiration  of  the 
period  last  aforesaid,  then  all  the  rights  and  privileges  granted  as  to 
that  portion  of  said  railroad  which  shall  not  have  been  so  constructed, 
equipped  and  in  operation  shall  cease  and  be  void,  but  the  rights  and 
privileges  as  to  the  portion  of  said  railroad  which  shall  have  been  con- 
structed, equipped  and  in  operation  shall  remain  in  full  force.  The 
time  during  which  any  legal  proceedings  shall  be  pending  whereby 
the  said  companies,  or  either  of  them,  shall  be  prevented  from  or 
delayed  in  constructing  said  portion  of  their  or  its  railroad,  shall  be 
excluded  from  the  time  herein  prescribed  for  its  completion  and  equip- 
ment, and  shall  be  allowed  in  addition  to  the  time  prescribed  for  the 
completion  thereof;  Provided,  however,  that  such  exclusion  shall 
date  only  from  the  time  when  notice  shall  have  been  given  to  the 
corporation  counsel  of  the  city  of  Chicago  of  the  institution  of  such 
legal  proceedings. 

Wherever  in  the  said  ordinance  of  January  8,  1894,  the  words 
“the  said  railroad  company”  or  the  words  “the  said  company,”  or 
words  of  similar  import  appear,  they  shall  be  construed  as  referring  to 
the  Northwestern  Elevated  Railroad  Company. 

If  2.  Amending  section  3 of  the  foregoing  ordinance.]  § 2. 

That  section  3 of  said  ordinance,  passed  January  8,  1894,  be  and  the 
same  is  hereby  amended  so  that  said  section  3 shall  read  as  follows: 

§ 3.  The  said  railroad  may  be  constructed  and  operated  at  an 
elevation  as  hereinafter  specified,  in  and  along  North  Franklin  street, 
Michigan  street,  Wells  street  and  Fifth  avenue,  as  specified  in  section 
1 ; and  over  and  across  any  and  all  streets,  avenues,  alleys,  public 
places  and  railroad  tracks  upon  or  along  the  line  of  said  routes  as  de- 
signated in  the  first  section  hereof.  There  shall  be  prepared  and  sub- 
mitted to  the  commissioner  of  public  works  of  the  city  of  Chicago 
plans  and  specifications  of  a standard  section  of  said  railroad  structure 
proposed  to  be  adopted;  and  said  commissioner  shall  forthwith  ex- 
amine the  plans  and  specifications  so  submitted,  and  in  case  such 
plans  and  specifications  conform  to  the  requirements  of  this  ordi- 
nance, said  commissioner  shall  approve  the  same;  whereupon  the  said 


§ 404]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY.  949 

railroad  and  branches  as  herein  authorized  may  be  built  in  accord- 
ance with  said  plans  and  specifications  so  approved. 

The  said  railroad  and  branches  in  this  ordinance  authorized  shall 
be  constructed  under  and  subject  to  the  inspection  and  supervision  of 
the  commissioner  of  public  works,  who  shall  see  that  the  same  is  con- 
structed in  accordance  with  said  plans  and  specifications  so  approved. 

1 3.  Amending  section  4 of  the  foregoing  ordinance.!  § 3. 
That  section  4 of  said  ordinance  of  January  8,  1894,  be  and  the  same 
is  hereby  amended  so  that  said  section  4 shall  read  as  follows: 

§ 4.  Permission  and  authority  are  hereby  given  to  construct, 
maintain  and  operate  the  said  elevated  railroad  and  branches  with 
one  or  more  tracks  as  aforesaid,  and  with  such  switches,  curves,  sid- 
ings, turnouts,  connections,  supports,  columns,  girders,  telegraphs, 
telephones  and  signal  and  other  devices  as  above  specified  in  the  first 
section  hereof,  and  in  and  along  North  Franklin  street,  Michigan 
street,  Wells  street  and  Fifth  avenue  as  described  in  said  first  section, 
and  over  and  across  the  streets,  avenues,  alleys,  public  places,  rail- 
road tracks  and  bridges  aforesaid,  specified  in  said  first  section,  and 
over  and  across  any  streets  or  alleys  in  the  district  in  which  the  route 
herein  specified  is  located,  and  also  over,  upon  and  along  and  across 
any  lands  which  may  be  acquired  on  the  said  routes  by  lease,  purchase, 
condemnation  or  otherwise;  and  the  said  railroad  may  be  operated 
with  locomotive,  or  other  engines  or  motors,  and  railway  cars,  sub- 
ject to  all  ordinances  of  said  city  of  Chicago  now  in  force,  or  that  may 
hereafter  be  passed  and  be  in  operation;  Provided,  however,  that 
electricity  or  some  other  equally  clean  and  noiseless  power  shall  be 
used  as  a motor  power  on  that  portion  of  the  main  line  between  In- 
stitute place  and  Harrison  street  as  hereinabove  provided. 

Permission  and  authority  are  hereby  given  to  the  Northwestern 
Elevated  Railroad  Company  to  connect  its  power  houses  with  the 
structure  heretofore  authorized  north  of  Institute  place,  by  means  of 
underground  conduits  or  overhead  poles  and  wires,  under  the  direc- 
tion of  the  commissioner  of  public  works. 

IT  4.  When  in  force— acceptance— bond.]  § 4.  This  ordi- 

nance shall  take  effect  and  be  in  force  from  and  after  its  passage; 
Provided,  that  the  said  Northwestern  Elevated  Railroad  Company  and 
the  said  Union  Elevated  Railroad  Company  shall,  each  within  sixty 
(60)  days  after  the  passage  of  this  ordinance,  file  its  acceptance  there- 
of with  the  city  clerk  of  the  city  of  Chicago,  and  shall  each  execute  to 
the  city  of  Chicago  a good  and  sufficient  bond  in  the  penal  sum  of  fifty 
thousand  (50,000)  dollars,  with  sureties  to  be  approved  by  the  mayor 
of  said  city,  to  carry  out  all  of  the  provisions  of  this  ordinance,  in  so 
far  as  the  same  relates  to  it,  and  will  forever  indemnify  and  save  harm- 
less the  city  of  Chicago  against  and  from  any  and  all  damages,  judg- 
ments, decrees,  costs  and  expenses  which  it  may  suffer,  or  which  may 
be  recovered  or  obtained  against  said  city  for,  or  by  reason  of,  or 


950 


RAILWAYS ELEVATED. 


[§  404 


growing  out  of,  or  resulting  from  the  passage  of  this  ordinance,  in  so 
far  as  the  same  relates  to  it,  or  any  matter  or  thing  connected  therewith 
or  with  the  exercise  of  the  privileges  or  any  of  them  herein  granted, 
or  from  any  act  or  acts  done  in  or  by  virtue  of  the  provisions  of  this 
ordinance. 

The  bond  required  by  this  section  shall  be  filed  with  the  city  clerk 
within  sixty  days  from  the  passage  of  this  ordinance. 

Note:  See  following  agreement. 

Agreement  of  the  Northwestern  Elevated  Railroad  Company  re- 
lating to  the  foregoing  ordinance  passed  June  24,  1895. 

Dated  July  1,  1895.  Presented  to  the  city  council  by  the  mayor 
and  ordered  published  and  placed  on  file,  July  1,  1895. 

Agreement  relating  to  the  foregoing  ordinance.]  Agree- 
ment of  the  Northwestern  Elevated  Railroad  Company  with  the 
city  of  Chicago:  In  consideration  of  the  approval  by  the  mayor  of 

the  city  of  Chicago  of  an  ordinance  passed  by  the  city  council  of  said 
city  on  the  24th  day  of  June,  1895,  amendatory  of  an  ordinance  passed 
by  said  city  council  on  the  8th  day  of  January,  1894,  granting  certain 
privileges  to  the  Northwestern  Elevated  Railroad  Company,  the  said 
railroad  company  hereby  covenants  and  agrees  with  said  city  of  Chi- 
cago as  follows: 

First — The  provisions  of  said  original  ordinance  of  January  8th, 
1894,  respecting  the  use  by  said  railroad  company  of  any  existing 
bridge  or  bridges  over  the  Chicago  river,  shall  be  understood  to  cover 
and  apply  to  the  use  of  the  bridge  over  said  river  at  Wells  street  or 
Fifth  avenue,  upon  the  route  authorized  by  said  amendatory  ordi- 
nance. Said  railroad  company  may,  at  its  own  expense,  rebuild  and 
enlarge  said  bridge  upon  such  plan  and  in  such  manner  as  shall  be 
approved  by  the  mayor  and  commissioner  of  public  works;  and  all 
expense  of  maintaining,  repairing  and  operating  said  bridge  shall  be 
borne  by  said  railroad  company,  its  successors  or  assigns,  during  the 
life  of  said  ordinances,  from  and  after  the  date  of  its  beginning  any 
work  upon  said  bridge. 

Second — The  provisions  of  said  original  ordinance  respecting  the 
annual  payment  into  the  treasury  of  the  city  of  Chicago  by  said  rail- 
road company  of  certain  percentages  of  its  gross  receipts,  shall  be 
understood  to  cover  and  apply  to  the  amendatory  and  additional  route 
authorized  by  said  amendatory  ordinance,  and  like  percentages  as 
fixed  in  said  original  ordinance,  shall  be  paid  annually  into  said  treas- 
ury by  said  railway  company  upon  all  gross  receipts  derived  by  sc  id 
railway  company  from  the  operation  of  its  railroad,  as  authorized  by 
said  amendatory  ordinance,  upon  or  along  said  amendatory  and  ad- 
ditional route. 

Third — Said  railroad  company  shall  light  with  incandescent  e’ec- 
tric  lights  all  street  and  alley  crossings  or  intersections  along  the  route 
of  its  railroad,  as  authorized  by  said  amendatory  ordinance,  south  of 


§ 405]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY. 


951 


the  Chicago  river.  The  street  intersections  shall  be  lighted  by  10 
thirty-two  candle  power  lamps,  and  the  alley  crossings  by  5 thirty-two 
candle  power  incandescent  lamps,  to  be  placed,  maintained  and 
operated  subject  to  the  approval  of  the  commissioner  of  public  works. 
Wherever  a change  of  location  of  existing  street  lamps,  owned  or  used 
by  the  city  of  Chicago,  is  rendered  necessary  by  the  construction  of 
said  railroad,  the  said  railroad  company  shall  pay  the  expense  of 
transferring  and  re-locating  all  such  city  lamps,  subject  to  the  approval 
of  the  commissioner  of  public  works. 

Fourth — Except  as  otherwise  expressly  provided  by  said  amenda- 
tory ordinance  of  June  24th,  1895,  all  the  conditions,  restrictions,  ob- 
ligations and  limitations  contained  in  said  original  ordinance  of  Jan- 
uary 8th,  1894,  shall  continue  in  full  force  and  effect  against  said  rail- 
road company,  notwithstanding  the  passage  of  said  amendatory  ordi- 
nance, and  shall  likewise  be  applicable  and  operative  against  said  rail- 
way company  in  respect  to  said  amendatory  ordinance,  with  like  effect 
as  if  expressly  set  forth  in  said  amendatory  ordinance. 

Fifth — Section  four  (4)  of  said  amendatory  ordinance  shall  not  be 
construed  as  authorizing  more  than  two  (2)  tracks  to  be  constructed, 
maintained  and  operated  in  or  along  North  Franklin  street,  Michigan 
street,  Wells  street  and  Fifth  avenue  in  said  section  named. 

In  witness  whereof,  the  said  Northwestern  Elevated  Railroad 
Company  has  caused  this  instrument  to  be  duly  executed  this  first 
day  of  July,  1895. 

NORTHWESTERN  ELEVATED  RAILROAD  CO., 

.(Seal.)  By  D.  H.  LOUDERBACK,  President 

Attest:  HOWARD  ABEL,  Secretary. 

Correct:  WM.  G.  BEALE,  Corporation  Counsel. 

§ 405.  Northwestern  Elevated  Railroad  company. 

IT  1.  Amendatory  ordinance — extending  time. 

1 2.  When  in  force. 

An  ordinance  extending  the  time  for  completion  of  the  Northwestern  Elevated 

railroad  as  fixed  by  ordinance  passed  January  8,  1894.  (Passed  July  13,  1896.) 

11.  Amendatory  ordinance— extending  time.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the 

period  of  time  for  the  completion,  equipment  and  operation  of  the 
Northwestern  Elevated  Railroad,  as  fixed  in  and  by  section  12,  of  the 
ordinance  passed  January  8th,  1894,  granting  permission  and  author- 
ity to  the  Northwestern  Elevated  Railroad  Company  to  construct  and 
operate  an  elevated  railroad,  is  hereby  extended  to  December  31st, 
A.  D.  1897. 

1 2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
from  and  after  its  passage. 


952 


RAILWAYS — ELEVATED. 


[§  406 


§ 406.  Northwestern  Elevated  Railroad  company. 

IT  i*  Preamble. 

TT  2.  Return  of  bonds— substitution. 

3.  Conditions  of  substitution. 

4.  Rights  reserved. 

If  5.  When  in  force. 

An  ordinance  authorizing  the  return  to  the  Northwestern  Elevated  Railroad 
company  of  certain  bonds  deposited  by  it  under  the  terms  of  the  ordinance 
passed  January  8,  1894.  (Passed  February  15,  1897.) 

1"  1.  Preamble.]  Whereas,  Under  an  ordinance  passed  Jan- 
uary 8th,  1894,  by  the  city  council  of  the  city  of  Chicago,  granting  cer- 
tain rights  to  the  Northwestern  Elevated  Railroad  Company,  bonds  of 
the  city  of  Chicago  of  the  par  value  of  one  hundred  thousand  (100,- 
000)  dollars  were  deposited  with  the  city  treasurer  of  the  city  of 
Chicago  for  the  performance  of  the  terms  and  conditions  of  said  ordi- 
nance; now,  therefore, 

T 2.  Return  of  bonds— substitution.]  Be  it  ordained  by  the 

city  council  of  the  city  of  Chicago:  § 1.  That  the  city  treasurer  of  the 
city  of  Chicago  be,  and  he  is  hereby  authorized  and  directed  to  return 
to  the  said  Northwestern  Elevated  Railroad  Company  all  bonds  of 
the  city  of  Chicago  deposited  by  it  under  the  terms  and  conditions  of 
the  ordinance  passed  January  8th,  1894,  upon  said  Northwestern  Ele- 
vated Railroad  Company  depositing  with  him,  the  said  city  treasurer 
of  the  city  of  Chicago,  first  mortgage  bonds  of  the  present  issue  of  it, 
the  said  Northwestern  Elevated  Railroad  Company,  of  the  par  value 
of  two  hundred  thousand  (200,000)  dollars. 

If  3.  Conditions  of  substitution.]  § 2.  Whenever  said  bonds 
of  the  Northwestern  Elevated  Railroad  Company  shall  be  deposited 
under  the  provisions  hereof,  the  same  shall  be  held  by  the  city  treas- 
urer of  the  city  of  Chicago  on  the  same  conditions  and  for  the  same 
purposes  as  were  the  bonds  of  the  city  of  Chicago  heretofore  deposited 
under  the  provisions  of  said  ordinance  of  January  8th,  1894,  the  pur- 
pose of  this  ordinance  being  merely  to  permit  a substitution  of  the 
bonds  of  said  company  for  the  bonds  of  said  city. 

If  4.  Rights  reserved.]  § 3.  Neither  the  passage  of  this  or- 
dinance, nor  the  substitution  of  bonds  as  herein  provided,  shall  prej- 
udice any  of  the  rights  of  the  city  of  Chicago,  nor  any  of  the  rights  of 
said  Northwestern  Elevated  Railroad  Company  under  said  ordinance 
of  January  8th,  1894,  nor  alter  or  vary  the  rights  of  said  parties  or 
either  of  them,  except  as  herein  specifically  provided. 

Tf  5.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


§ 4°7] 


SOUTH  SIDE  ELEVATED  RAILROAD  COMPANY. 


953 


SOUTH  SIDE  ELEVATED  RAILROAD  COMPANY. 

(Successors  to  the  Chicago  & South  Side  Rapid  Transit  Railroad  company.) 

§ 407.  South  Side  Elevated  Railroad  company. 

•ff  1.  Grant — route — width  of  way — tracks. 

IT  2.  Streets  crossed  at  elevation — approval  of  plans,  etc. 

3.  Three  tracks  authorized — motive  power. 

*(]  4.  Design  and  plan— construction— material — fare. 

5.  Stairs — platforms — landings— approval  of. 

*[  6.  Noise,  smoke,  etc. — water — snow,  etc. 

7.  Limitation  of  use. 

8.  City  to  regulate  speed,  heating  of  cars,  depots,  etc. 

9.  Reserves  right  to  change  grade,  build  viaducts,  etc. 
if  ro.  Indemnity  clause. 

it  11.  Annual  license  fee. 
it  12.  Time  limit  for  construction, 
it  13.  Use  of  structure  by  city, 
it  14.  Bond. 

An  ordinance  granting  permission  and  authority  to  the  Chicago  & South  Side 
Rapid  Transit  Railroad  company  to  construct,  maintain  and  operate  an  ele- 
vated railroad  in  the  city  of  Chicago.  (Passed  March  26,  1888.  Accepted 
May  24,  1888.) 

if  1.  Grant— route— width  of  way— tracks.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  be  and  the  same  are  hereby  given  and  granted  to  the  Chicago 
and  South  Side  Rapid  Transit  Railroad  Company,  to  construct,  main- 
tain and  operate  for  a period  of  fifty  (50)  years  from  and  after  the  pas- 
sage hereof,  an  elevated  railroad,  with  two  or  more  tracks,  not  exceed- 
ing three,  and  such  curves,  switches,  sidings,  turnouts,  connections, 
supports,  columns,  girders,  telegraph,  telephone  and  signal  devices,  for 
the  sole  use  of  said  company,  and  such  other  requisite  appliances  as 
the  said  company  may  deem  necessary  or  proper,  along  and  upon  the 
following  route  in  the  city  of  Chicago,  county  of  Cook  and  state  of  Il- 
linois: Commencing  at  the  north  line  of  Van  Buren  street,  at  some 

point  between  Dearborn  street  on  the  west  and  Wabash  avenue  on  the 
east,  and  running  thence  southwardly  over  such  lots,  lands  and  prop- 
erty as  the  company  now  owns  or  hereafter  may  acquire  hy  lease,  pur- 
chase, condemnation  or  otherwise,  between  said  Dearborn  street  on  the 
west  and  Wabash  avenue  on  the  east,  to  a point  to  be  selected  by  said 
company  between  the  north  line  of  Thirty-seventh  street  and  the  south 
line  of  Thirty-ninth  street;  thence  eastwardly  or  southeastwardly  over 
such  lots,  lands  and  property  as  said  company  now  owns  or  hereafter 
may  acquire  by  lease,  purchase,  condemnation,  or  otherwise,  to  a point 
to  be  selected  by  said  company,  between  Dearborn  street  on  the  west 
and  Forest  avenue  on  east,  at  which  point  to  cross  the  city  limits;  the 
city  limits  as  here  used,  meaning  the  city  limits  on  Egan  avenue  or 
Thirty-ninth  street. 

Provided,  That  said  company  shall  not  use  or  acquire,  by  purchase, 
condemnation  or  otherwise,  a right  of  way  upon  and  along  the  route 
aforesaid,  exceeding  in  width  thirty  feet,  except  where  a greater  width 


954 


RAILROADS ELEVATED. 


[§  407 


is  required  for  termini  and  curves,  each  terminus  being  limited  in 
length  to  one  block.  Where  stations  are  to  be  located  along  the  right 
of  way,  the  said  company  may  acquire,  by  purchase,  condemnation  or 
otherwise,  such  additional  property  as  may  be  necessary  for  stations, 
such  additional  property  shall  not  be  occupied  by  tracks,  switches  or 
turnouts;  Provided,  further,  that  the  right  of  way,  as  defined  in  this 
ordinance,  between  Van  Buren  street  on  the  north,  and  Thirty-seventh 
street  on  the  south,  shall  be  immediately  adjacent  to  and  parallel  with 
one  of  the  alleys  or  alley  lines  between  said  Wabash  avenue  and  Dear- 
born street. 

1 2.  Streets  crossed  at  elevation — approval  of  plans,  etc.] 

§ 2.  The  said  railroad  company  shall  cross  at  an  elevation,  as  herein- 
after specified,  any  and  all  intervening  streets,  avenues,  alleys  and  rail- 
road tracks  upon  or  along  the  line  of  the  said  route  as  designated  in  the 
first  section,  said  company  to  be  subject  at  all  times  to  the  direction  of 
the  department  of  public  works,  and  plans  and  specifications  shall  be 
submitted  to  the  commissioner  of  public  works,  who  shall  determine 
whether  the  said  plans  and  specifications  comply  with  the  provisions 
of  this  ordinance,  and  are  equal  in  style,  strength,  finish  and  architect- 
ure to  the  most  modern  and  improved  plans  in  use  in  the  cities  of  New 
York,  Brooklyn  and  Kansas  City,  and  the  said  company  shall  not  com- 
mence to  build  and  erect  said  elevated  railway  system  and  structure 
until  said  plans  and  specifications  are  so  approved  by  the  commissioner 
of  public  works. 

1 3.  Three  tracks  authorized— motive  power.]  § 3-  The 

said  company  may,  and  it  is  hereby  authorized  to,  construct,  maintain 
and  operate  two  or  more  elevated  railroad  tracks,  not  exceeding  three, 
with  such  switches,  curves,  sidings,  turnouts,  connections,  supports, 
columns,  girders,  telegraph,  telephone  and  signal  devices,  as  above 
specified  in  the  first  section,  as  it  may  deem  necessary  or  proper,  over 
and  across  the  streets,  avenues  and  alleys  aforesaid,  and  any  lands 
which  it  may  acquire  on  the  line  of  said  route  by  lease,  purchase,  con- 
demnation or  otherwise,  and  the  said  railroad  company  may  use  and 
operate  the  railroad  tracks,  hereby  authorized  to  be  constructed,  with 
locomotive  or  other  engines  or  motors,  and  cars,  subject  to  all  ordi- 
nances of  the  city  of  Chicago  applicable  thereto. 

1 4.  Design  and  plan— construction— material— fare.]  § 4. 

The  permission,  authority  and  privileges  hereby  granted  are  upon  the 
express  conditions  that  the  entire  design  and  plan  of  the  said  railroad, 
from  its  northern  limit  to  its  southern  extensions,  shall  be  that  of  an 
elevated  structure,  and  all  material  used  for  that  part  of  the  structure 
above  the  ground  shall  be  wrought  iron  or  steel,  except  that  the  con- 
nection between  the  posts,  which  forms  a cluster  column,  may  be  of 
cast  iron,  and  except  the  rails,  which  shall  be  of  steel,  and  except  the 
ties  or  longitudinal  stringers  supporting  the  rails,  which  shall  be  of 
the  best  quality  and  kind  of  selected  lumber.  The  safety  guards  shall 


§ 4°7] 


SOUTH  SIDE  ELEVATED  RAILROAD  COMPANY. 


955 


be  of  iron.  The  stairs  and  all  parts  of  the  stations,  except  the  platform, 
doors  and  windows  and  inside  sheathing,  and  except  the  tread  of  the 
stairs,  shall  be  iron.  All  stations,  platforms  and  stairs  shall  be  pro- 
tected by  a substantial  iron  railing;  all  of  the  material  used  in  the 
construction  of  the  work  shall  be  of  the  best  quality  for  the  purposes 
to  which  it  is  to  be  applied,  and  the  work  shall  be  executed  in  a 
workmanlike  manner. 

Clause  i.  The  general  plan  or  plans  of  the  structure  shall  be  of  an 
elevated  railroad,  with  the  track  or  tracks  supported  or  upheld  upon 
or  by  a row  or  rows  of  iron  posts  or  iron  columns. 

Clause  2.  Except  where  the  width  of  any  cross  street,  avenue  or 
alley,  between  the  curbs  thereof,  is  fifty  feet  or  more,  every  cross  street, 
avenue  or  alley  shall  be  spanned  by  a single  span,  when  and  where  the 
plan  of  construction  is  one  having  a row  of  columns  upon  or  within 
the  curb  line. 

Clause  3.  The  transverse  diameter  of  each  post  or  column  placed 
in  the  roadway  of  any  street,  avenue  or  alley  shall  not  exceed  fifteen 
inchs  at  the  base,  and  thence  for  at  least  ten  feet  above  the  surface  of 
the  roadway.  The  transverse  diameter  of  a column,  when  placed  on  or 
within  the  line  of  a curb,  shall  not  exceed  twenty-six  inches  at  the  base, 
and  thence  for  at  least  ten  feet  above  the  surface  of  the  roadway. 

Clause  4.  The  transverse  diameter  of  the  columns  above  indicated 
does  not  include  fenders;  and  adequate  fenders  shall  be  fitted  around 
the  base  of  each  column  placed  in  the  roadway  of  a street,  avenue  or 
alley,  to  prevent  the  hubs  of  the  wheels  of  passing  vehicles  from  strik- 
ing the  columns. 

Clause  5.  The  longitudinal  distance  between  columns,  when  the 
rows  of  columns  are  in  the  roadway,  shall  not  be  less  than  thirty-five 
(35)  feet,  except  on  curves. 

Clause  6.  The  longitudinal  distance  between  columns  on  or  with- 
in the  curb  shall  be  at  least  twenty-five  (25)  feet. 

Clause  7.  No  part  of  the  girders  of  the  superstructure  shall  be 
less  than  sixteen  feet  above  the  then  established  grades  of  streets  and 
alleys, and  whenever  said  elevated  structure  crosses  and  passes  over  the 
right  of  way  and  tracks  of  existing  surface  steam  railroads  the  clear 
head-room  between  the  lower  chords  of  all  of  said  girders  and  the  sur- 
face of  the  rails  in  all  of  said  railroads,  and  from  out  to  out  of  their  said 
right  of  way,  shall  not  be  less  than  twenty  (20)  feet. 

Clause  8.  The  different  parts  of  the  structure  and  the  connections 
shall  be  properly  proportioned  to  resist  all  of  the  momentum  of  the 
train  which  can,  by  the  application  of  brakes  or  in  any  other  manner, 
be  imparted  to  the  structure. 

Clause  9.  Sufficient  safety  guards  shall  be  provided  so  that  in  case 
of  accident  the  cars  shall  be  effectually  prevented  from  leaving  the 
structure. 

Clause  10.  The  rates  of  fare  to  be  charged  and  collected  upon 
trains  to  be  run  upon  the  said  railroad  shall  not  exceed  five  cents  per 


956 


RAILROADS ELEVATED. 


[§  407 


passenger  for  any  one  continuous  trip  within  the  now  city  limits; 
Provided,  no  fare  shall  be  collected  of  any  police  officer,  wearing  his 
uniform,  or  member  of  the  fire  department,  wearing  his  uniform,  riding 
on  any  of  the  trains  of  said  company. 

1 5.  Stairs  — platforms— landings— approval  of.]  § 5.  The 
said  company  shall  have  permission  and  authority,  and  the  same  are 
hereby  given  and  granted  to  it,  to  construct,  maintain  and  operate 
within  the  streets,  avenues  and  alleys  or  portions  thereof,  across  or 
alongside  which  its  said  elevated  railroad  is  permitted  to  be  constructed 
as  aforesaid,  all  necessary  or  proper  stairs,  stairways,  elevators,  landing 
places,  platforms  and  other  constructions  and  appliances  for  ingress, 
egress  and  the  accommodation  of  passengers,  but  so  as  not  to1  have  im- 
paired the  usefulness  of  such  streets,  avenues,  alleys  or  portions  thereof. 
Before  the  construction  of  any  such  stairs,  stairways,  elevators,  land- 
ing places,  platforms  and  other  constructions  and  appliances  for  ingress 
and  egress,  as  aforesaid,  plans  thereof  shall  first  be  submitted  to'  the 
commissioner  of  public  works  for  his  approval,  and  none  of  the  mat- 
ters authorized  by  this  section  shall  be  constructed  without  the  written 
approval  of  such  plans  by  the  commissioner  of  public  works. 

IF  6.  Noise,  smoke,  etc.— water,  snow,  etc.]  § 6.  The  mo- 
tive power  shall  be  fully  equipped  with  all  modern  devices  calculated  to 
render  it  practically  noiseless  and  smokeless,  and  to  prevent  the  dis- 
charge of  cinders  and  sparks,  and  suitable  and  practicable  devices  shall 
likewise  be  placed  beneath  all  stations,  buildings  and  platforms  and  at 
all  street  crossings,  to  intercept  and  carry  off  storm  water  and  drippings 
from  melting  snow  or  other  sources,  and  similar  devices  shall  also  be 
applied  to  both  motive  power  and  rolling  stock  to  intercept  and  hold 
all  cinders,  ashes,  oil  or  anything  that  may  drop  from  passing  trains 
to  the  surface  of  the  street  beneath  the  structure. 

1 7.  Limitation  of  use.]  § 7.  The  rights  and  privileges 
hereby  conferred  are  upon  the  further  express  condition  that  said  ele- 
vated railroad  shall  be  exclusively  used  for  the  transportation  of  pas- 
sengers and  mails. 

IT  8.  City  to  regulate  speed,  heating  of  cars,  depots,  etc.] 

§ 8.  The  city  of  Chicago  reserves  to  itself  the  right  of  regulating  by 
ordinance  the  rate  of  speed  at  which  the  said  trains  shall  run,  and  also 
the  right  to  regulate  the  heating  of  cars  and  depots,  and  also  the  right 
to  impose  such  regulations  as  the  council  may  deem  necessary  for  the 
protection  and  safety  of  the  public. 

% 9.  Reserves  right  to  change  grade,  build  viaducts,  etc.] 
;§  9.  The  city  of  Chicago  reserves  the  right,  at  all  times  and  whenever  it 
may  deem  it  necessary,  to  change  the  grade  of  any  street  or  alley  over 
which  the  Chicago  and  South  Side  Rapid  Transit  Railroad  Company 
may  pass  without  incurring  any  liability  on  the  part  of  the  city  to  said 
company,  and,  upon  notice  from  the  commissioner  of  public  works, 
»the  said. company  shall  immediately  change  its  structure  over  any  street 


§ 4°7] 


SOUTH  SIDE  ELEVATED  RAILROAD  COMPANY. 


957 


where  the  grade  has  been  changed,  to  conform  to  the  changed  grade, 
in  such  a manner  that  the  distances  and  heights  provided  in  the  ordi- 
nance shall  be  maintained,  and  such  change  of  structure  shall  be  with- 
out expense  to  the  city. 

The  city  of  Chicago  reserves  the  right,  whenever  it  may  deem 
necessary,  to  erect  and  construct  a viaduct  and  approaches  thereto' 
upon  any  street  over  which  the  Chicago  and  South  Side  Rapid  Transit 
Railroad  Company  may  cross,  without  incurring  any  liability  on  the 
part  of  the  city  to  said  company,  for  any  damages  whatsoever,  and 
the  said  company  shall  immediately  change  its  structure  over  any  street 
where  such  viaduct  and  approaches  are  ordered  to  be  constructed,  upon 
notice  from  the  commissioner  of  public  works,  and  the  said  company 
shall  rebuild  and  construct  the  said  railway  in  such  a manner  that  the 
distances  and  heights  provided  in  this  ordinance,  shall  be  maintained 
over  said  viaduct,  the  same  as  herein  provided  over  streets,  and  such 
change  of  structure  shall  be  without  expense  to  the  city  and  at  the  ex- 
pense of  said  company.  If  the  said  company,  after  having  been  notified 
in  writing  by  the  commissioner  of  public  works  to  change  the  structure 
over  any  street  where  the  grade  has  been  changed,  or  after  having  been 
notified  to  change  its  structure  where  any  viaduct  has  been  ordered 
by  the  city  of  Chicago,  shall  fail  so  to  do  within  sixty  days  from  the 
date  of  said  service  of  said  notice,  th£n  the  city  of  Chicago  may  remove 
the  entire  roadway,  structure,  tracks  and  railway  system  of  said  com- 
pany from  such  street,  and  shall  not  be  liable  to  said  company  for  any 
damage  of  any  kind  whatsoever  for  the  aforesaid  removal,  but  the  said 
company  shall  pay  to  the  city  of  Chicago  the  entire  cost  and  expense 
of  such  removal. 

If  10.  Indemnity  clause.]  § io.  The  permission  and  author- 
ity hereby  given  are  upon  the  further  express  condition  that  the  said 
railroad  shall  and  will  forever  indemnify  and  save  harmless  the  city 
of  Chicago  against  and  from  any  and  all  damages  of  every  kind  and 
character,  including  land  and  business  damages,  and  any  and  all  dam- 
ages to  property  of  every  kind  and  character,  and  from  any  and  all 
damages,  judgments,  decrees  and  costs  and  expenses  of  the  same  which 
it  may  suffer,  or  which  may  be  recovered  or  obtained  against  said  city 
for  or  by  reason  of  the  granting  of  or  resulting  from  the  passage  of  this 
ordinance,  or  any  matter  or  thing  connected  therewith,  or  with  the 
exercise  by  said  company  of  the  privileges  hereby  granted,  or  from  any 
act  or  acts  of  the  said  company  under  or  by  virtue  of  the  provisions 
of  this  ordinance.  And,  Provided,  that  on  the  recovery  of  any  final 
judgment  against  the  said  city  of  Chicago,  as  aforesaid,  and  a failure 
of  said  company  to  pay  the  same  within  sixty  (60)  days  after  notice 
has  been  given  to  said  company,  all  of  the  rights  herein  given  under 
this  ordinance  shall  cease  and  determine,  and  the  city  of  Chicago  shall 
thereupon  have  the  right,  through  its  proper  officers,  to  enter  upon  the 
right  of  way  of  said  company  and  remove  any  and  all  of  its  tracks  and 


958  RAILROADS ELEVATED.  [§  407 

elevated  structures  from  any  street  or  alley,  where  the  same  may  have 
been  authorized  by  the  provisions  of  this  ordinance. 

If  11.  Annual  license  fee.]  § n.  On  the  first  day  of  May  in 
each  year  said  company  shall  pay  to  the  city  of  Chicago,  in  advance, 
an  annual  license  fee  of  fifty  dollars  for  each  and  every  car  used  by  them 
in  transporting  passengers  for  hire,  and  at  the  time  of  said  payment 
said  company  shall  file  with  the  city  collector  an  affidavit  subscribed 
and  sworn  to  by  its  president,  or  other  officer  of  said  company,  if  re- 
quired by  the  city  collector,  stating  the  number  of  cars  so  used  by  said 
company.  Upon  such  payment  being  made  the  city  clerk  shall  issue  a 
license  to  said  company  for  each  of  its  cars  so  used,  which  license  shall 
be  issued  as  other  licenses  are  issued,  and  each  license  shall  contain 
the  number  of  the  car  for  which  the  same  is  paid  and  which  license 
shall  be  posted  by  said  company  in  some  conspicuous  place  inside  of 
each  car  so  licensed. 

If  12.  Time  limit  for  construction.]  § 12.  The  privileges 
and  authority  hereby  granted  are  so  granted  upon  the  further  express 
condition  that  at  least  two  tracks  authorized  by  this  ordinance  shall 
be  laid  down  and  constructed  within  two  years  from  the  passage  of 
this  ordinance,  and,  if  not  so  constructed  and  in  operation,  all  the  rights 
and  privileges  granted  by  this  ordinance  to  such  company  shall  cease 
and  be  null  and  void,  but  the  time  during  which  any  legal  proceedings 
shall  be  pending,  whereby  the  said  company  shall  be  prevented  from 
or  delayed  in  constructing  its  railroad  or  any  part  thereof,  shall  not 
be  taken  or  deemed  to  be  any  part  of  the  said  two  years;  Provided, 
however,  that  the  city  law  department  may  intervene  in  any  suit  and 
move  for  its  dismissal,  in  case  such  suit  may  be  deemed  by  said  law 
department  as  collusive  or  for  the  purpose  of  delay  or  extension  of  such 
time. 

f 13.  Use  of  structure  by  city.]  § 13.  The  city  of  Chicago 
shall  have  the  right  to  use  the  structure  or  tracks  authorized  by  this 
ordinance  for  placing  thereunder  its  police,  fire  alarm  and  telephone 
wires,  and  for  so  doing  no  charge  shall  be  made  to  the  city  of  Chicago. 

If  14.  Bond.]  § 14.  The  said  Chicago  and  South  Side  Rapid 
Transit  Railroad  Company  shall  execute  to  the  city  of  Chicago  a good 
and  sufficient  bond  in  the  penal  sum  of  one  hundred  thousand  (100,000) 
dollars,  to  be  approved  by  the  mayor,  conditioned  for  the  faithful  ob- 
servance and  performance  of  the  provisions  and  conditions  of  this  or- 
dinance on  its  part  to  be  observed  and  performed  as  aforesaid. 

Tf  15.  Time  limit  to  acquire  way — forfeiture.]  § 15.  The 

permission  and  authority  hereby  given  and  granted  are  so  given  and 
granted  upon  the  further  express  condition  that  said  company  shall 
proceed  within  sixty  days  from  the  date  of  the  acceptance  of  said  or- 
dinance to  procure  land  for  right  of  way,  as  herein  authorized,  by  con- 
demnation or  otherwise,  and  shall  prosecute  such  acquisition  of  said 
right  of  way  with  due  diligence  thereafter  until  the  whole  right  of  way 


§ 4°S] 


SOUTH  SIDE  ELEVATED  RAILROAD  COMPANY. 


959 


is  obtained;  and  said  Chicago  and  South  Side  Rapid  Transit  Railroad 
Company  shall,  within  sixty  days  from  and  after  the  acceptance  of 
this  ordinance,  deposit  with  the  city  treasurer  the  sum  of  one  hundred 
thousand  (100,000)  dollars  as  security  for  the  faithful  observance  and 
performance  of  the  provisions  and  conditions  of  this  ordinance  on  its 
part  to  be  observed  and  performed  as  aforesaid;  Provided,  however, 
that  said  sum  of  one  hundred  thousand  (100,000)  dollars  shall  be  re- 
turned and  repaid  to  said  company  immediately  upon  the  completion 
by  it  of  one  mile  of  its  tracks,  as  herein  authorized,  and  if  the  said 
company  shall  not  complete  the  aforesaid  one  mile  of  its  tracks  within 
two  years  from  the  passage  of  this  ordinance,  the  said  sum  of  one  hun- 
dred thousand  (100,000)  dollars  shall  be  forfeited  to  the  city  of  Chi- 
cago, and  in  accepting  this  ordinance,  the  said  company  shall  spe- 
cifically agree  in  said  acceptance  to  said  forfeiture. 

If  16.  Limitations  of  grant.]  § 16.  It  is  expressly  provided 
that  nothing  contained  in  the  foregoing  ordinance  shall,  in  any  way 
or  manner,  be  construed  to  permit  the  construction  or  operation  of 
said  elevated  railroad  in  any  street  or  alley  of  the  city  of  Chicago,  ex- 
cept to  cross  such  street  or  alley  as  herein  above  provided;  and  it  is 
further  provided  that  the  above  consent  shall  never  in  any  way  or  man- 
ner authorize  any  other  railroad  company,  or  street,  or  horse,  or 
dummy  railroad  company,  to  use  the  franchise  herein  above  granted 
to  said  Chicago  and  South  Side  Rapid  Transit  Railroad  Company. 

And  it  is  expressly  provided,  that  nothing  contained  in  this  or- 
dinance shall  permit  the  said  Chicago  and  South  Side  Rapid  Transit 
Railroad  Company  to  connect  or  operate  its  system  with  any  steam 
surface  railroad  company,  nor  shall  the  right  of  way  or  tracks  of  said 
Chicago  and  South  Side  Rapid  Transit  Railroad  Company  be  used 
by  the  rolling  stock  of  any  surface  steam  railroad,  for  any  purpose 
whatsoever. 

Tf  17.  When  in  force.]  § 17.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  said  company  shall  file  with  the  city 
clerk  its  formal  acceptance  of  the  same  and  its  bond  as  heretofore  pro- 
vided; Provided,  that  if  said  acceptance  and  bond  shall  not  be  filed 
as  aforesaid  within  sixty  days  from  the  passage  hereof  this  ordinance 
shall  be  void  and  of  no  effect. 

Note. — See  following  amendatory  ordinances. 

§ 408.  Chicago  & South  Side  Rapid  Transit  Railroad  company. 

IT  1.  Amendatory  ordinance — extension  of  road. 

IT  2.  Height  of  girders. 

it  3-  Width  of  right  of  way. 

it  4*  Construction — number  of  tracks. 

it  5*  Compensation — time  for  completion. 

it  6.  Use  of  structure  by  city. 

it  7-  Rate  of  fare. 

If  8.  When  in  force — acceptance. 


960 


RAILROADS — ELEVATED. 


[§  408 


An  ordinance  amending  an  ordinance  passed  March  26,  1888,  granting  permission 
and  authority  to  the  Chicago  & South  Side  Rapid  Transit  Railroad  company 
to  construct,  maintain  and  operate  an  elevated  railroad  in  the  city  of  Chi- 
cago. (Passed  April  2,  1891.  Accepted  April  11,  1891.) 

T 1.  Amendatory  ordinance— extension  of  road.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  sections 
1 and  4 of  the  ordinance  passed  on  the  26th  day  of  March,  1888,  grant- 
ing permission  and  authority  to  the  Chicago  and  South  Side  Rapid 
Transit  Railroad  Company  to  construct,  maintain  and  operate  for  a 
period  of  fifty  years  from  and  after  the  passage  of  the  said  ordinance, 
an  elevated  railroad  in  the  city  of  Chicago,  be  and  the  same  is  hereby 
amended,  and  the  said  the  Chicago  and  South  Side  Rapid  Transit 
Railroad  Company  is  hereby  authorized  to  extend  its  road  over, 
through,  along  and  upon  the  following  routes  in  the  city  of  Chicago, 
county  of  Cook  and  state  of  Illinois:  Cmmencing  at  a point  on  the 

line  of  the  said  The  Chicago  and  South  Side  Rapid  Transit  Railroad 
Company,  as  limited  in  said  ordinance  of  March  26th,  1888,  between 
the  north  line  of  Thirty-seventh  (37th)  street  and  the  south  line  of 
Thirty-ninth  (39th)  street,  thence  southwardly,  between  Wabash  ave- 
nue and  State  street,  through  and  over  such  lots,  lands,  and  property 
as  the  said  company  now  owns  or  hereafter  may  acquire,  by  lease, 
purchase,  condemnation  or  otherwise,  and  over  and  across  all  inter- 
vening streets,  highways  and  alleys,  to  a point  to  be  selected  by  said 
company  between  the  north  line  of  Fortieth  (40th)  street  and  the  south 
line  of  Forty-third  (43rd)  street,  thence  eastwardly  between  said  north 
line  of  Fortieth  (40th)  street  and  south  line  of  Forty-third  (43d)  street, 
through  and  over  such  lots,  lands  and  property  as  said  company  now 
owns  or  hereafter  may  acquire  by  lease,  purchase,  condemnation,  or 
otherwise,  and  over  and  across  all  intervening  streets,  highways  and 
alleys,  to  a point  to  be  selected  by  said  company  between  Grand  boule- 
yard  on  the  east  and  Michigan  boulevard  on  the  west,  thence  south- 
wardly between  said  Grand  and  Michigan  boulevards,  through  and 
over  such  lots,  lands  and  property  as  said  company  now  owns  or 
hereafter  may  acquire  by  lease,  purchase,  condemnation  or  otherwise, 
and  over  and  across  all  intervening  streets,  highways  and  alleys  to  a 
point  to  be  selected  by  said  company  between  the  north  line  of  Sixtieth 
(60th)  street  and  the  south  line  of  Sixty-seventh  street,  thence  east- 
wardly between  said  north  line  of  Sixtieth  (60th)  street  and  south  line 
of  Sixty-seventh  (67th)  street,  through  and  over  such  lots,  lands  and 
property  as  said  company  now  owns,  or  hereafter  may  acquire,  by 
lease,  purchase,  condemnation  or  otherwise,  and  over  and  across  all 
intervening  streets,  highways  and  alleys  to  the  westerly  line  of  Jackson 
Park;  and,  also,  commencing  at  a point  to  be  selected  by  said  com- 
pany upon  its  line,  as  herein  authorized,  between  the  south  line  of 
Fifty-fifth  (55th)  street  and  the  north  line  of  Fifty-ninth  (59th)  street, 
thence  westwardly  between  the  south  line  of  Fify-fifth  (55th)  street  and 
the  north  line  of  Fifty-ninth  (59th)  street,  through  and  over  such  lots, 
lands  and  property  as  said  company  now  owns  or  hereafter  may  ac- 


§ 4°8]  CHICAGO  & SOUTH  SIDE  RAPID  TRANSIT  RAILROAD  COMPANY.  961 

quire,  by  lease,  purchase,  condemnation  or  otherwise,  and  over  and 
across  all  intervening  streets,  alleys  and  highways  to  a point  to  be 
selected  by  said  company  between  Wentworth  avenue  on  the  east  and 
Wallace  street  on  the  west,  thence  southwardly  between  said  Went- 
worth avenue  and  Wallace  street  through  and  over  such  lots,  lands  and 
property  as  said  company  now  owns  or  hereafter  may  acquire  by  lease, 
purchase,  condemnation  or  otherwise,  and  over  and  across  all  inter- 
vening streets,  highways  and  alleys  to  a point  to  be  selected  by  said 
company  on  the  south  side  of  Sixty-third  (63rd)  street,  in  the  said  city 
of  Chicago;  also  from  a point  to  be  selected  by  said  company  upon  the 
line  of  the  route  hereinbefore  designated  between  Cottage  Grove  ave- 
nue on  the  east  and  South  Park  avenue  on  the  west,  thence  southwardly 
between  said  Cottage  Grove  avenue  and  South  Park  avenue,  through 
and  over  such  lots,  lands  and  property  as  said  company  now  owns  or 
hereafter  may  acquire,  by  lease,  purchase,  condemnation  or  otherwise, 
and  over  and  across  all  intervening  streets,  highways  and  alleys  to  a 
point  to  be  selected  by  said  company  on  the  south  side  of  Seventy-first 
(71st)  street,  in  said  city  of  Chicago. 

IT  2.  Height  of  girders.]  § 2.  That  no  part  of  the  girders  of 
the  superstructure  of  the  railroad  to  be  constructed  over  and  upon 
the  route  to  be  selected  by  the  said  The  Chicago  and  South  Side  Rapid 
Transit  Railroad  Company,  as  hereinbefore  limited,  shall  be  less  than 
fourteen  (14)  feet  above  the  then  established  grade  of  streets  and  alleys, 
and  said  railroad  shall  be  constructed  in  accordance  with  and  subject 
to  all  the  provisions  and  specifications  of  the  said  ordinance  of  March 
26th,  1888,  relating  thereto,  except  as  herein  modified. 

13.  Width  of  right  of  way.]  § 3.  The  right  of  way  to  be 

acquired  by  the  said  The  Chicago  and  South  Side  Rapid  Transit  Rail- 
road Company,  over,  through,  along  and  upon  the  routes  to  be  by  it 
selected,  as  hereinbefore  limited,  shall  not  exceed  a width  sufficient 
for  the  operation  of  three  parallel  tracks,  when  laid  twelve  (12)  feet 
from  centers,  together  with  an  additional  width  to  give  proper  clear- 
ance for  passing  trains  from  buildings  erected  upon  property  abutting 
upon  said  right  of  way,  except  that  the  company  may  acquire  additional 
width  where  necessary  for  the  convenient  handling  of  its  trains  atjunc- 
tions  and  termini,  and  except  where  additional  space  is  necessary  for 
curves,  switches  and  sidings  or  turnouts. 

If  4.  Construction— number  of  tracks.]  § 4.  That  in  ac- 
cordance with  a petition  of  the  owners  of  lots  and  lands  constituting  a 
majority  of  the  frontage  upon  that  portion  of  the  alley  between  State 
street  and  Wabash  avenue,  adjacent  to  and  parallel  with  which  the  said 
company  has  located  its  route  as  authorized  in  said  ordinance  of  March 
26th,  1888,  between  Congress  street  on  the  north  and  Twelfth  (12th) 
street  on  the  south,  the  said  The  Chicago  and  South  Side  Rapid  Transit 
Railroad  Company  is  hereby  authorized  to  construct,  maintain  and 
operate  that  portion  of  its  railroad  between  Congress  street  on  the 


61 


962 


RAILROADS — ELEVATED. 


[§  408 


north  and  Twelfth  (12th)  street  on  the  south,  over,  through  and  along 
the  said  alley;  Provided,  however,  that  the  structure  of  the  railroad 
to  be  constructed  over,  through  and  along  the  alley,  as  aforesaid,  shall 
be  so  constructed  in  accordance  with  and  subject  to  all  the  provisions 
and  specifications  contained  in  the  said  ordinance  of  March  26th,  1888, 
relating  thereto,  except  that  not  more  than  two  tracks  shall  be  con- 
structed, maintained  and  operated  over,  through  and  along  said  alley, 
and  that  no  part  of  the  said  elevated  structure  above  the  surface  of  the 
alley,  excepting  the  supporting  columns  and  the  transverse  girders, 
shall  be  nearer  than  four  (4)  feet  to  the  exterior  lines  of  the  said  alley, 
and  that  the  supporting  columns  shall  be  so  located  as  to  interfere  as 
little  as  practicable  with  the  property  abutting  on  the  line. 

T 5.  Compensation— time  for  completion.]  § 5.  The  privi- 
leges and  authority  hereby  granted  are  so  granted  upon  the  further 
express  condition  that  on  and  after  January  1st,  1892,  the  said  The  Chi- 
cago and  South  Side  Rapid  Transit  Railroad  Company,  its  successors 
and  assigns,  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  an- 
nually, an  amount  equal  to  four  thousand  (4,000)  dollars  per  lineal  mile 
for  the  portion  of  its  road  built  over,  through  and  along  the  said  alley, 
and  upon  the  further  express  condition,  that  at  least  two  tracks,  author- 
ized by  this  ordinance,  shall  be  laid  down  and  constructed  within  three 
years  from  the  passage  of  this  ordinance,  and  if  not  so  constructed 
all  the  rights  and  privileges  granted  by  this  ordinance  to  such  company 
shall  cease  and  be  null  and  void,  but  the  time  during'  which  any  legal 
proceedings  shall  be  pending,  whereby  the  said  company  shall  be  pre- 
vented from  or  delayed  in  constructing  its  railroad,  or  any  part  thereof, 
shall  not  be  taken  or  deemed  to  be  any  part  of  the  said  three  years; 
Provided,  however,  that  the  city  law  department  may  intervene  in  any 
suit  and  move  for  its  dismissal,  in  case  such  suit  may  be  deemed  by 
said  law  department  as  collusive  or  for  the  purpose  of  delay  or  exten- 
sion of  such  time. 

16.  Use  of  structure  by  city.]  § 6.  The  city  of  Chicago 
shall  have  the  right  to  use  the  structure  or  tracks  authorized  by  this 
ordinance  for  placing  thereunder  its  police,  fire  alarm  and  telephone 
wires,  and  for  so  doing  no  charge  shall  be  made  to  the  city  of  Chicago. 

1 7.  Rate  of  fare,]  § 7.  That  clause  10  of  section  4 of  the 
ordinance  passed  on  the  26th  day  of  March,  1888,  referred  to  in  the 
foregoing  sections,  be  stricken  out  and  the  following  be  inserted  in 
lieu  thereof;  “Clause  10.  The  rate  of  fare  to  be  charged  or  collected 
upon  trains  to  be  run  upon  the  said  elevated  structure  shall  not  exceed 
five  (5)  cents  per  passenger  for  any  continuous  trip  over  the  line  of 
road  hereby  authorized  to  be  built,  including  any  of  the  connecting 
lines  of  said  company,  for  any  distance  within  the  present  or  future 
city  limits;  Provided,  no  fare  shall  be  collected  from  any  policeman 
nor  member  of  the  fire  department,  in  uniform,  nor  from  United  States 
letter  carriers  in  uniform.” 


§ 4°9]  CHICAGO  & SOUTH  SIDE  RAPID  TRANSIT  RAILROAD  COMPANY.  963 

1 8.  When  in  force— acceptance.]  § 8.  This  ordinance  shall 
take  effect  and  be  in  force  as  soon  as  the  said  company  shall  file  with 
the  city  clerk  its  formal  acceptance  of  the  same;  Provided,  that  if  said 
acceptance  shall  not  be  filed  as  aforesaid,  within  sixty  (60)  days  of  the 
passage  hereof,  this  ordinance  shall  be  void  and  of  no  effect. 

§ 409.  Chicago  & South  Side  Rapid  Transit  Railroad  company. 

1.  Amendatory  ordinance — Sixty-third  street. 

^ 2.  Construction — columns— girders. 

3.  Construction  according  to  prior  ordinances.  .J 

4.  Right  of  way — width. 

•jj  5.  When  in  force — acceptance. 

An  ordinance  amending  an  ordinance  passed  March  26,  1888,  granting  permis- 
sion and  authority  to  the  Chicago  & South  Side  Rapid  Transit  Railroad 
company  to  construct,  maintain  and  operate  an  elevated  railroad  in  the  city 
of  Chicago.  (Passed  April  7,  1892*  Accepted  April  18,  1892.) 

If  1.  Amendatory  ordinance — Sixty-third  street.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the  ordi- 
nance passed  on  the  26th  day  of  March,  1888,  granting  permission 
and  authority  to  the  Chicago  and  South  Side  Rapid  Transit  Railroad 
Company  to  construct,  maintain  and  operate,  for  a period  of  fifty  years 
from  and  after  the  passage  of  said  ordinance,  an  elevated  railroad  in 
the  city  of  Chicago,  which  said  ordinance  was  amended  by  an  ordi- 
nance passed  on  the  2nd  day  of  ApriJ,  1891,  be  and  the  same  is  hereby 
further- amended  as  follows,  that  is  to  say:  That  in  accordance  with  a 
petition  of  the  owners  of  lots  and  lands  constituting  a majority  of  the 
frontage  in  each  mile  and  fraction  of  a mile  upon  Sixty-third  street, 
between  the  westerly  line  of  Jackson  Park  and  the  west  line  of  the 
alley  between  Prairie  and  Calumet  avenues,  the  said,  the  Chicago  and 
South  Side  Rapid  Transit  Railroad  Company,  is  hereby  authorized  to 
construct  its  elevated  railroad  from  the  westerly  line  of  Jackson  Park 
to  the  westerly  line  of  the  alley  between  Prairie  and  Calumet  avenues, 
over,  through,  along  and  upon  Sixty-third1  street,  and  over  and  across 
all  intervening  streets,  highways  and  alleys. 

1 2.  Construction-columns— girders.]  § 2.  That  the  struct- 
ure so  to  be  erected  shall  be  supported  upon  columns  set  upon  or  im- 
mediately within  the  curb  lines,  upon  which  shall  rest  transverse  girders 
spanning  the  street,  upon  which  transverse  girders  the  longitudinal 
girders  for  the  support  of  the  tracks  shall  be  carried.  The  support- 
ing columns  shall,  whenever  practicable,  without  exceeding  a distance 
of  fifty  feet  between  columns,  be  located  upon  lot  lines  produced,  ex- 
cept at  stations,  where  the  distance  between  columns  shall  not  be  less 
than  twenty-five  feet.  All  columns  shall  be  so  located  as  to  interfere 
as  little  as  practicable  with  access  to  and  from  the  lots  abutting  on 
said  street. 

T 3.  Construction  according  to  prior  ordinances.]  § 3. 

That  the  structure  hereby  authorized  shall  be  constructed  in  accord- 
ance with  and  subject  to  all  the  provisions  and  specifications,  restrict- 


964 


RAILROADS ELEVATED. 


[§  410 


tions  and  limitations  contained  in  said  ordinance  of  March  26th,  1888, 
and  said  amendment  of  April  2nd,  1891,  except  as  herein  modified. 

If  4.  Right  of  way — width.]  § 4.  The  provisions  of  section 

1 of  the  said  ordinance,  passed  March  26th,  1888,  by  which  the  right  of 
the  said  company  to  acquire  land  for  its  right  of  way  is  limited  to  a 
width  of  thirty  feet,  shall  not  be  held  to  apply  to  property  through 
which  the  alley  immediately  adjacent  to  and  parallel  with  which  the 
said  company  has  located  its  road,  as  in  said  section  authorized,  has 
not  been  opened,  but  in  all  such  cases  the  said  company  shall  acquire, 
by  purchase,  condemnation  or  otherwise,  a sufficient  width  of  right  of 
way,  in  addition  to  the  thirty  feet  in  said  section  limited,  to  afford 
proper  clearance  for  passing  trains  from  buildings  erected  upon  prop- 
erty abutting  upon  said  right  of  way,  and  said  additional  right  of  way 
may  be  upon  either  side  of  the  projection  of  either  of  the  alley  lines 
aforesaid  immediately  adjacent  to  and  parallel  with  which  the  said  lo- 
cation has  been  made,  and  whenever,  in  order  to  conform  to  said  loca- 
tion, it  is  necessary  to  cross  said  alley,  such  crossing  shall  be  made 
with  curvatures  of  large  radius,  so  as  to  impede  as  little  as  possible 
the  speed  of  trains. 

T 5.  When  in  force — acceptance.]  § 5.  This  ordinance  shall 
take  effect  and  be  in  force  as  soon  as  the  said  company  shall  file  with 
the  city  clerk  its  formal  acceptance  of  the  same;  Provided,  that  if  said 
acceptance  shall  not  be  filed  as  aforesaid  within  sixty  (60)  days  from 
the  passage  hereof,  this  ordinance  shall  be  void  and  of  no  effect. 


UNION  ELEVATED  RAILROAD  COMPANY. 

§ 410.  Union  Elevated  Railroad  company. 

•ft  1.  Grant — route. 

■ft  2.  Plans— approval— inspection. 

3.  Specifications — joint  use — use  limited— motive  power — fare. 

•ft  4.  Stations— stairs— lighting  and  heating. 

•ft  5.  Location  of  stations. 

•ft  6.  Connection  with  power  house, 
nf  7.  Restoration  of  streets. 

•ft  8.  Use  of  structure  by  city. 

9.  Indemnity  clause. 

10.  Injunction  suit— rights  of  city. 

11.  Company  to  light  street  crossings,  etc. 

•ft  12.  Bond. 

^ 13.  Compensation. 

nr  14.  Rights  extended  to  successors,  etc. 

^ 15.  When  in  force. 

An  ordinance  authorizing  the  Union  Elevated  Railroad  company  to  construct 
and  maintain  an  elevated  railroad  in  Wabash  avenue  from  Lake  street  to 
Harrison  street.  (Passed  October  14,  1895.  Accepted  October  21,  1895.) 


UNION  ELEVATED  RAILROAD  COMPANY. 


965 


410] 


% 1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the 

same  are  hereby  granted  to  the  Union  Elevated  Railroad  Company  to 
construct  and  maintain  for  a period  of  fifty  (50)  years  from  and  after 
the  passage  of  this  ordinance,  an  elevated  railroad  with  such  switches, 
curves,  turnouts,  connections,  supports,  columns,  girders,  telegraphs, 
telephones  and  signals,  and  such  other  devices  as  the  company  may 
deem  necessary  for  operating  its  cars,  or  for  the  operation  of  the  trains 
and  cars  of  the  respective  elevated  railroads  hereinafter  named,  or  any 
of  them,  in,  along  and  upon  the  route  hereinafter  named. 

Commencing  in  Wabash  avenue  at  the  north  line  of  Lake  street, 
thence  running  in  a southerly  direction  in  and  along  Wabash  avenue 
to  the  south  line  of  Harrison  street,  in  said  city,  with  the  right  to  con- 
nect the  elevated  structure  and  tracks  hereby  authorized,  and  operate 
the  same  in  connection  with  the  elevated  railroad  structure  and  tracks 
now  in  progress  of  construction  in  said  Lake  street,  and  also  with  the 
right  to  connect  with  the  structure  and  tracks  of  the  Chicago  and 
South  Side  Rapid  Transit  Railroad  Company  at  any  point  north  of  the 
south  line  of  Harrison  street,  between  Wabash  avenue  and  Fifth 
avenue. 

If  2.  Plans — approval — inspection.]  § 2.  The  said  railroad 

company  shall  prepare  and  submit  to  the  commissioner  of  public  works 
of  the  city  of  Chicago,  plans  and  specifications  of  the  standard  sections 
of  the  said  railroad  structure  proposed  to  be  used  by  said  company,  and 
the  said  commissioner  shall  forthwith  examine  the  plans  and  specifica- 
tions so  submitted,  and  in  case  such  plans  and  specifications  conform  to 
the  requirements  of  this  ordinance,  then  said  commissioner  shall  ap- 
prove the  same,  whereupon  the  said  company  may  commence  to  build 
and  erect  said  railroad,  as  hereby  authorized,  in  accordance  with  said 
plans  and  specifications  so  approved,  and  which  said  construction  shall 
be  under,  and  subject  to  the  inspection  and  supervision  of  the  com- 
missioner of  public  works,  who  shall  see  that  the  same  is  constructed 
in  accordance  with  the  said  plans  and  specifications  so  approved.  The 
maintenance  and  operation  of  said  elevated  railroad  shall  be  subject  to 
all  lawful  general  ordinances  of  the  city  of  Chicago  now  in  force  or 
hereafter  to  be  passed  applicable  thereto. 

1"  3.  Specifications— joint  use— use  limited— motive  power — 
fare.]  § 3.  The  permission  and  authority  hereby  granted  to  con- 
struct, maintain  and  operate  an  elevated  railroad  in  and  along  Wa- 
bash avenue,  between  said  Lake  street  and  Harrison  street,  as  afore- 
said, are  upon  the  following  conditions: 

First — That  two  tracks  only  shall  be  constructed  and  operated  in 
and  along  said  route;  and  the  construction  of  more  than  two  tracks 
in  the  route  hereby  authorized  shall  work  a forfeiture  of  all  the  rights 
and  privileges  conferred  by  this  ordinance,  and  this  ordinance  shall 
thereupon  become  and  be  absolutely  null  and  void. 


966 


RAILROADS ELEVATED. 


[§  410 


Second — That  the  elevated  railroad  hereby  authorized  in  said 
Wabash  avenue,  between  the  points  aforesaid,  shall  be  subject  to  the 
joint  use  of  the  Northwestern  Elevated  Railroad  Company,  The  Lake 
Street  Elevated  Railroad  Company,  The  Metropolitan  West  Side 
Elevated  Railroad  Company,  the  Chicago  and  South  Side  Rapid 
Transit  Railroad  Company,  and  the  Union  Elevated  Railroad  Com- 
pany, upon  such  terms  and  conditions  as  have  been  agreed  upon  under 
any  and  all  contracts  now  existing  between  the  said  corporations  last 
above  named,  or  such  contract  or  contracts  as  may  hereafter  be  entered 
into  between  the  said  companies,  or  any  of  them,  for  the  use  and  op- 
eration of  the  said  railroad  hereby  authorized. 

Third — That  all  freight  trains  and  other  rolling  stock  of  surface 
steam  railroads  shall  be  absolutely  excluded  from  said  elevated  rail- 
road tracks;  it  being  understood  that  it  shall  be  used  for  moving  pas- 
senger trains  only,  and  for  accommodating  and  handling  passenger 
traffic  and  the  mails  exclusively,  and  that  all  trains  shall  be  regularly 
and  systematically  used,  as  shall  be  necessary  to  accommodate  the  pub- 
lic, and  the  number  of  all  such  trains  shall  be  increased  as  rapidly  as 
the  demands  of  the  public  shall  render  necessary  and  the  increase  of 
traffic  shall  warrant.  If  any  portion  of  the  elevated  structure  of  said 
company  authorized  by  this  ordinance  shall  at  any  time  be  used  by 
the  freight  or  passenger  trains,  or  by  the  rolling  stock  of  any  surface 
steam  railroad  company,  then  all  the  rights  and  privileges  herein 
granted  shall  wholly  cease  and  be  null  and  void,  and  the  city  council 
of  the  city  of  Chicago  may  order  all  of  that  portion  of  said  elevated 
structure  to  be  summarily  removed  and  torn  down. 

Fourth — That  the  entire  design  and  plan  of  the  said  railroad  shall 
be  that  of  an  elevated  structure  and  all  material  used  for  that  part  of 
said  structure  above  the  ground  shall  be  of  wrought  iron  or  steel,  ex- 
cept that  the  post  connections  may  be  of  cast  iron,  and  except  the  rails, 
which  shall  be  of  steel,  and  except  the  ties  or  longitudinal  stringers 
supporting  the  rails  and  the  safe  guards,  which  shall  be  of  the  best 
quality  and  kind  of  selected  timber,  and  except  the  track  walks,  which 
shall  be  of  wood.  The  stairs  and  all  parts  of  the  structure,  except  the 
platforms,  doors  and  windows  and  outside  sheeting,  and  except  the 
interior  of  the  stations,  shall  be  of  iron  or  masonry.  All  station  plat- 
forms, and  all  of  the  material  used  in  the  construction  of  the  work 
shall  be  of  the  best  quality  for  the  purposes  to  which  they  are  to  be 
applied,  and  the  work  shall  be  executed  in  a workmanlike  manner. 

Fifth — That  all  columns  and  supports  for  the  said  elevated  struc- 
ture shall  be  located  as  near  the  outside  rails  of  the  now  existing  sur- 
face tracks  in  said  street  as  is  consistent  with  the  safety  of  the  opera- 
tion of  the  latter,  and  such  columns  and  supports  shall  nowhere  be  less 
than  four  (4)  feet  outside  of  the  outside  rails  of  said  now  existing  sur- 
face car  tracks,  except  as  hereinafter  stated. 

Sixth — That  the  structure  of  such  elevated  railroad  shall  be  made 
as  light  and  presentable  as  is  compatible  with  the  traffic  thereon,  and 


§ 4I°] 


UNION  ELEVATED  RAILROAD  COMPANY. 


967 


the  space  between  the  cross  ties  of  the  tracks,  and  also  the  space  be- 
tween the  tracks  themselves,  shall  not  be  floored  or  otherwise  closed, 
but  shall  be  left  open  for  the  transmission  of  light,  except  at  stations 
so  far  as  necessary  to  provide  for  passenger  platforms.  Said  structure 
shall  be  what  is  known  as  lattice  work  construction,  the  same  as  the 
East  Lake  street  extension  construction,  from  Market  street  to  Wa- 
bash avenue.  The  elevated  structure  shall  span  all  cross  streets,  and 
no  columns  or  other  supports  shall  be  set  in  the  intersection  thereof. 

Seventh — That  the  motive  power  to  be  used  in  the  operation  of 
said  elevated  railroad  hereby  authorized  shall  be  electricity,  or  some 
other  motive  power  equally  as  clean  and  noiseless;  Provided,  how- 
ever, that  the  said  Chicago  and  South  Side  Rapid  Transit  Railroad 
Company  shall  have  the  right  to  use  steam  as  a motive  power  for 
operating  its  cars  and  trains,  for  the  period  of  three  (3)  years  from 
and  after  the  passage  of  this  ordinance,  and  upon,  and  after  expiration 
of  said  three  (3)  years,  the  said  Chicago  and  South  Side  Rapid  Transit 
Railroad  Company  shall  use  for  its  motive  power  electricity,  or  some 
other  motive  power  equally  clean  and  noiseless. 

Eighth — That  the  said  railroad  hereby  authorized  to  be  con- 
structed shall  be  constructed  before  January  1st,  1897,  and  unless  the 
said  railroad  hereby  authorized  to  be  constructed  shall  have  been  con- 
structed before  the  expiration  of  the  period  last  aforesaid,  then  all  the 
rights  and  privileges  granted  as  to  that  portion  of  said  railroad  which 
shall  not  have  been  so  constructed  shall  cease  and  be  void,  but  the 
rights  and  privileges  as  to  the  portion  of  said  railroad  which  shall  have 
been  constructed,  shall  remain  in  full  force.  The  time  during  which 
any  legal  proceedings  shall  be  pending  whereby  the  said  companies, 
or  either  of  them,  shall  be  prevented  from  or  delayed  in  constructing 
said  railroad,  shall  be  excluded  from  the  time  herein  prescribed  for 
its  completion  and  shall  be  allowed  in  addition  to  the  time  prescribed 
for  the  completion  thereof;  Provided,  however,  that  such  exclusion 
shall  date  only  from  the  time  when  notice  shall  have  been  given  to  the 
corporation  counsel  of  the  city  of  Chicago  of  the  institution  of  such 
legal  proceedings. 

Ninth — That  except  where  the  width  of  any  cross  street,  between 
the  curbs  thereof,  is  seventy  (70)  feet  or  more,  every  cross  street  shall 
be  spanned  by  a single  span. 

Tenth — That  the  transverse  diameter  of  each  such  post  or  column 
placed  in  the  roadway  shall  not  exceed  eighteen  (18)  inches  at  the 
base,  and  thence  for  at  least  ten  (10)  feet  above  the  surface  of  the 
roadway.  The  transverse  diameter  of  a column  when  placed  on  or 
within  the  line  of  the  curb,  shall  not  exceed  twenty-six  (26)  inches  at 
the  base,  and  thence  for  at  least  ten  (10)  feet  above  the  surface  of  the 
roadway. 

Eleventh — That  the  transverse  diameter  of  the  columns  above 
indicated  does  not  include  fenders,  and  adequate  fenders  shall  be  fitted 


968 


RAILROADS ELEVATED. 


around  the  base  of  each  column  placed  in  the  roadway,  to  prevent 
the  hubs  of  the  wheels  of  passing  vehicles  from  striking  the  columns. 

Twelfth — The  longitudinal  distance  between  columns,  when  the 
rows  of  columns  are  in  the  roadway  of  a street  or  avenue,  shall  not 
be  less  than  thirty-five  (35)  feet  except  on  curves. 

Thirteenth — That  the  longitudinal  distance  between  columns  on 
or  within  the  curb  shall  be  at  least  twenty-five  (25)  feet. 

Fourteenth — That  no  part  of  the  girders  of  the  superstructure 
shall  be  less  than  fourteen  (14)  feet  above  the  then  established  grades 
of  the  street. 

Fifteenth — That  the  different  parts  of  the  structure  and  the  con- 
nections shall  be  properly  proportioned  to  resist  all  the  momemtum 
of  the  train,  which  can,  by  the  application  of  the  brakes,  be  imparted 
to  the  structure 

Sixteenth — That  the  most  approved  safety  guards  shall  be  pro- 
vided to  prevent  the  cars  from  leaving  the  structure  in  case  of  accident. 

Seventeenth — That  the  two  tracks  hereby  authorized  shall  be  set 
over  the  center  of  the  street  as  nearly  as  practicable,  except  at  curves, 
and  that  all  of  the  material  used  in  the  construction  of  the  work  shall 
be  of  the  best  quality  for  the  purpose  to  which  it  is  to  be  applied,  and 
the  work  shall  be  executed  in  the  best  style  of  the  art  and  in  a work- 
manlike manner. 

Eighteenth— That  the  rate  of  fare  on  the  railrpad  for  which  this 
ordinance  is  granted,  together  with  the  whole  of  the  railroad  now 
belonging  to,  or  which  hereafter  may  belong  to,  or /be  controlled  by 
said  Union  Elevated  Railroad  Company,  for  the  purpose  of  making  a 
continuous  loop,  shall  be  five  (5)  cents  and  no  more;  and  it  is  ex- 
pressly provided  that  the  one  fare  of  five  (5)  cents  only  shall  be  charged 
for  a continuous  ride  on  the  line  of  the  Union  Elevated  Railroad,  and 
any  one  of  the  lines  of  railroad  which  shall  use  the  tracks  of  the  said 
Union  Elevated  Railroad,  it  being  understood  that  the  railroad  re- 
ferred to  in  this  ordinance  is  to  be  a part  of  the  Union  Elevated  Rail- 
road, known  as  the  “loop  line,”  and  that  passengers  may  be  carried 
over  the  line  of  any  one  railroad  using  the  tracks  of  the  Union  Elevated 
Railroad  and  around  the  said  loop  or  vice  versa,  for  one  fare  of  five 
(5)  cents;  provided,  however,  that  police  and  firemen  in  uniform  shall 
be  permitted  to  ride  free  of  charge. 

T 4.  Stations — stairs — lighting  and  heating.]  § 4.  The  Un- 
ion Elevated  Railroad  Company  shall  have  permission  and  authority, 
and  the  same  are  hereby  given  and  granted  to  it,  to  construct  and 
maintain  in  the  route  hereby  authorized,  all  necessary  or  proper  sta- 
tions, platforms  and  depot  stations,  and  to  connect  the  same  with 
Wabash  avenue,  by  means  of  all  necessary  stairs,  stairways,  elevators, 
landing  places  and  other  constructions  and  appliances  for  ingress, 
egress  and  the  accommodation  of  passengers;  but  such  platforms,  sta- 
tions, stairs,  stairways,  elevators,  landing  places,  etc.,  shall  be  so  con- 


UNION  ELEVATED  RAILROAD  COMPANY. 


969 


§ 410] 


structed  and  maintained  as  not  to  unnecessarily  impair  the  usefulness 
of  such  avenue,  or  any  portion  thereof.  Neat  and  commodious  pas- 
senger stations  of  easy  and  convenient  access  shall  be  provided,  and 
all  such  station  buildings  and  appurtenances,  and  likewise  all  passen- 
ger cars — when  the  latter  are  in  use — shall  be  comfortably  heated  dur- 
ing the  winter  months,  or  whenever  necessary  at  any  season,  and  they 
shall  be  properly  lighted  with  gas,  electricity  or  otherwise,  and  thor- 
oughly ventilated  at  all  seasons.  Platforms  and  lines  of  stairs  leading  to 
and  from  the  same  shall  be  securely  protected  by  strong  wrought  iron 
or  steel  railings,  not  less  than  three  and  one-half  (3^)  feet  high.  The 
permission  and  authority  to  locate,  construct  and  maintain  all  such 
requisite  platforms,  landings  and  lines  of  stairs  leading  to  and  from 
the  sidewalks  of  the  street  and  avenue,  and  the  said  elevated  stations, 
being  herein  expressly  granted  said  company,  whenever  and  wherever 
such  methods  of  reaching  said  stations  may  be  found  necessary.  Noth- 
ing herein  contained,  however,  shall  prohibit  said  company  from  lo- 
cating and  maintaining  its  stations  in  buildings  which  it  may  pur- 
chase, lease  or  erect  on  grounds  purchased  or  acquired  by  condemna- 
tion or  lease,  wherein  it  may  for  the  convenience  and  comfort  of  its 
patrons  place  its  ticket  offices,  waiting  rooms,  sanitary  accommoda- 
tions, stairways,  elevators  and  all  requisite  methods  of  ingress  or 
egress,  and  the  right  to  construct  and  maintain  covered  passage-ways 
or  connections  between  the  interior  of  all  such  station  buildings  and 
the  exterior  platforms,  is  hereby  expressly  granted  to  said  company. 
All  of  said  supporting  columns,  cross  girders,  longitudinal  girders, 
platform  connections  and  hand  railings  shall  be  painted,  and  sightly 
appearance  shall  be  maintained  at  all  times.  The  plans  and  specifica- 
tions of  such  depots,  platforms  and  stairs  shall  be  submitted  to  and 
approved  by  the  commissioner  of  public  works  before  the  work  of 
construction  thereof  shall  have  commenced. 

IT  5.  Location  of  stations.]  § 5.  Stations  of  said  elevated 
railroad  in  and  along  the  route  hereby  authorized  may  be  located  at 
or  near  Randolph  street;  at  or  near  Washington  street;  at  or  near 
Madison  street;  at  or  near  Adams  street;  at  or  near  Congress  street, 
and  at  such  other  place  or  places  as  may  be  agreed  upon  between  the 
said  railroad  company  and  the  mayor  or  commissioner  of  public  works 
of  said  city. 

1 6.  Connection  with  power  house.]  § 6.  Permission  and 
authority  are  hereby  given  to  the  Union  Elevated  Railroad  Company 
to  connect  its  power  house  or  power  houses  with  the  elevated  struc- 
ture hereby  authorized,  by  means  of  underground  conduits,  or  by 
means  of  wires  attached  to  said  elevated  structure;  the  same  to  be 
done  under  the  direction  of  the  commissioner  of  public  works;  pro- 
vided, however,  that  nothing  in  this  section  shall  be  construed  to 
permit  or  allow  the  said  company  to  use  any  conduits  or  wires  for  any 
purpose  other  than  the  uses  of  the  Union  Elevated  Railroad  Company. 


970 


RAILROADS ELEVATED. 


[§  410 


1"  7.  Restoration  of  streets.]  § 7.  The  consent,  permission 

and  authority  hereby  given  are  upon  the  express  agreement  and  con- 
dition that  the  said  company  shall  do  no  permanent  injury  to  the 
pavement,  gutters,  sidewalks,  water  pipes,  sewer  or  gas  pipes,  tele- 
graph or  electric  wires,  cables  or  pipes,  or  sidewalk  space  occupied  by 
adjacent  owners,  but  said  company  shall  restore  the  street,  pavement, 
gutters,  sidewalks,  water  pipes,  sewer  or  gas  pipes,  telegraph  or  elec- 
tric wires,  cables  or  pipes  and  sidewalk  space  occupied  by  adjacent 
owners,  at  its  own  expense,  to  a condition  equally  as  good  as  before 
the  building  of  said  elevated  railroad,  so  far  as  consistent  with  the 
occupancy  by  said  company  of  said  streets,  alleys  and  sidewalk  spaces 
authorized  by  this  ordinance,  and  if  the  said  company  shall  fail  or 
refuse  so  to  do,  the  same  may  be  done  by  the  city  of  Chicago,  and 
the  said  company  shall  be  liable  to  the  city  for  the  cost  thereof.  When 
any  excavation  shall  be  made  by  said  company  in  any  street,  alley  or 
public  place,  paved  with  wooden  blocks,  the  foundation  boards  or 
planks  shall  be  removed  without  being  cut,  unless  said  cutting  shall 
be  specially  permitted  by  the  commissioner  of  public  works  of  said 
city. 

18.  Use  of  structure  by  city.]  § 8.  The  city  of  Chicago 
shall  have  the  right  to  use  the  structure  authorized  by  this  ordinance 
for  placing  thereunder  its  police,  fire  alarm  and  telephone  wires,  and 
other  wires  and  conduits  for  the  use  of  the  city  without  charge. 

IF  9.  Indemnity  clause.]  § 9.  The  consent,  permission  and 
authority  hereby  given  are  upon  the  further  express  condition  that  the 
said  company  shall  and  will  forever  indemnify  and  save  harmless  the 
city  of  Chicago  against  and  from  any  and  all  damages  of  every  kind 
and  character,  including  land  and  business  damages,  and  any  and  all 
damages  to  property  of  every  kind  and  character,  and  from  any  and 
all  damages,  judgments,  decrees  and  costs  and  expenses  of  the  same, 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  any  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  the  said  company  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

1 10.  Injunction  suit— rights  of  city.]  § 10.  The  city  of 
Chicago  shall  have  the  right  to  intervene  in  any  suit  or  proceeding 
brought  by  any  person  or  persons  seeking  to  enjoin,  restrain  or  in 
any  manner  interfere  with  the  prosecution  of  said  work  of  construc- 
tion and  move  for  a dissolution  of  such  injunction  or  restraining  order 
in  such  suit,  in  case  it  shall  deem  such  suit  collusive  or  instituted  for 
the  purpose  of  delay. 

1 11.  Company  to  light  street  crossings,  etc.]  §11.  The 

said  railroad  company  shall  light  with  incandescent  electric  lights  all 
street  and  alley  crossings  or  intersections  along  the  route  of  its  rail- 


§ 4TO] 


UNION  ELEVATED  RAILROAD  COMPANY. 


971 


road  as  authorized  by  section  i of  this  ordinance.  Each  street  inter- 
section shall  be  lighted  by  ten  thirty-two  candle  power  lamps,  and  each 
alley  crossing  by  five  thirty-two  candle  power  incandescent  lamps,  to 
be  placed,  maintained  and  operated  subject  to  the  approval  of  the  com- 
missioner of  public  works.  Wherever  a change  of  location  of  existing 
street  lamps,  owned  or  used  by  the  city  of  Chicago,  is  rendered  neces- 
sary by  the  construction  of  said  railroad,  the  said  railroad  company 
shall  pay  the  expense  of  transferring  and  relocating  all  such  city  lamps, 
subject  to  the  approval  of  the  commissioner  of  public  works. 

T 12.  Bond.]  § 12.  The  consent,  permission  and  authority 
hereby  given  are  upon  the  express  agreement  and  understanding  that 
the  Union  Elevated  Railroad  Company,  before  exercising  any  of  the 
rights  hereby  granted,  shall  execute  to  the  city  of  Chicago  a good  and 
sufficient  bond  in  the  penal  sum  of  one  hundred  thousand  dollars 
($100,000),  conditioned  that  it  will  observe,  perform  and  carry  out  all 
of  the  provisions  of  this  ordinance,  and  will  forever  indemnify  and 
save  harmless  the  city  of  Chicago  against  and  from  any  and  all  dam- 
ages, including  land  and  business  damages,  judgments,  decrees,  costs 
and  expenses,  which.  it  may  suffer  or  which  may  be  recovered  or 
obtained  against  said  city  for  or  by  reason  of,  or  growing  out  of,  or 
resulting  from  the  passage  of  this  ordinance,  or  any  matter  or  thing 
connected  therewith,  or  with  the  exercise  by  said  company  of  the 
privileges  or  any  of  them  herein  granted,  or  from  any  act  or  acts  of 
the  said  company,  under  or  by  virtue  of  the  provisions  of  this  ordi- 
nance. Provided,  however,  that  the  giving  of  said  bond,  or  the  recov- 
ery of  a judgment  or  judgments  thereon  by  the  city  of  Chicago  shall 
not  be  construed  as  measuring  or  limiting  the  liability  of  said  com- 
pany to  said  city  under  any  provisions  of  this  ordinance,  except  to 
the  extent  of  such  recovery  or  recoveries  in  each  case.  The  bond  re- 
quired by  this  section  shall  be  filed  with  the  city  clerk  within  sixty  (6o) 
days  from  the  passage  of  this  ordinance. 

T 13.  Compensation.]  § 13.  On  the  first  day  of  May  in  each 
year,  said  company  shall  pay  to  the  city  of  Chicago  an  annual  license 
fee  of  fifty  dollars  ($50)  for  each  and  every  car  belonging  to  said  com- 
pany, used  in  transporting  passengers  for  hire,  and  at  the  time  of 
said  payment,  said  company  shall  file  with  the  city  collector  an  affidavit 
subscribed  and  sworn  to  by  its  treasurer,  or  other  officer  of  said  com- 
pany, if  required  by  the  city  collector,  stating  the  number  of  cars  so 
used  by  said  company.  Upon  such  payment  being  made,  the  city 
clerk  shall  issue  a license  to  said  company  for  each  of  its  cars  so  used, 
which  license  shall  be  issued  as  other  licenses  are  issued,  and  each 
license  shall  contain  the  number  of  car  for  which  the  same  is  paid,  and 
which  license  shall  be  posted  by  said  company  in  some  conspicuous 
place  inside  of  each  car  so  licensed. 

T 14.  Rights  extended  to  successors,  etc.]  g 14.  The  permis- 
sion and  authority,  rights  and  privileges,  herein  conferred  respectively 


972 


RAILROADS ELEVATED. 


[§  411 


upon  the  Union  Elevated  Railroad  Company,  the  Northwestern  Ele- 
vated Railroad  Company,  the  Lake  Street  Elevated  Railroad  Com- 
pany, The  Metropolitan  West  Side  Elevated  Railroad  Company,  and 
the  Chicago  & South  Side  Rapid  Transit  Railroad  Company,  are  here- 
by extended  to  and  conferred  upon  the  respective  successors  and  as- 
signs of  each  and  every  of  said  railroad  companies  above  mentioned. 

T 15.  When  in  force.]  § 15.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage;  provided,  the  said  Union 
Elevated  Railroad  Company  shall  within  sixty  (60)  days  after  the  pass- 
age of  this  ordinance,  file  its  acceptance  thereof  with  the  city  clerk  of 
the  city  of  Chicago,  and  shall  at  the  same  time  file  with  said  city  clerk 
the  bond  as  hereinbefore  required. 


UNION  CONSOLIDATED  ELEVATED  RAILWAY  COM- 
PANY. 

§ 41 1.  Union  Consolidated  Elevated  Railway  company. 

1.  Grant — route — connections. 

^ 2.  Plans — approval — inspection. 

f 3.  Specifications— joint  use — use  limited — motive  power — fare. 

\ 4.  Stations— stairs— lighting  and  heating. 

]1  5.  Location  of  stations. 

^ 6.  Connection  with  power  house. 

][  7.  Bridge  in  Van  Buren  street — company  to  construct  and 
operate. 

*[[  8.  Restoration  of  streets. 

9.  Use  of  structure  by  city. 

*([  10.  Indemnity  clause. 

11.  Injunction  suit — rights  of  city. 

*1|  12.  Company  to  light  street  crossings,  etc. 

13.  Bond. 

*\\  14.  Compensation. 

f 15.  Rights  extended  to  successors,  etc.— “Union  Loop”  ordi- 
nances ratified. 

Tf  16.  When  in  force. 

An  ordinance  authorizing  the  Union  Consolidated  Elevated  Railway  company  to 
construct  and  maintain  an  elevated  railroad  in  Van  Buren  street  from 
Wabash  avenue  to  the  tracks  of  the  Metropolitan  West  Side  Elevated  Rail- 
road company  and  in  certain  parts  of  Market  street.  (Passed  June  29,  1896. 
Accepted  July  6,  1896.) 

1 1.  Grant — route — connections.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

be  and  the  same  are  hereby  granted  to  the  Union  Consolidated  Ele- 
vated Railway  Company  to  construct  and  maintain  for  the  period 
beginning  with  the  date  of  the  passage  of  this  ordinance  and  ending 


g 4 I i]  UNION  CONSOLIDATED  ELEVATED  RAILWAY  COMPANY. 


973 


fifty  years  after  the  seventh  day  of  October,  A.  D.  1895,  an  elevated 
railroad  with  such  branches,  curves,  turnouts,  connections,  supports, 
columns,  girders,  telegraphs,  telephones  and  signals,  and  such  other 
devices  as  the  company  may  deem  necessary  for  operating  its  cars,  or 
for  the  operation  of  the  trains  and  cars  of  the  respective  elevated  rail- 
roads hereinafter  named,  or  any  of  them,  in,  along  and  upon  the  follow- 
ing route:  Commencing  in  Van  Buren  street  at  its  intersection  with 
Wabash  avenue,  and  connecting  at  that  point  with  the  tracks  of  the 
Union  Elevated  Railroad  Company  in  said  Wabash  avenue,  and  thence 
running  westerly  in  and  along  said  Van  Buren  street,  and  over  and 
across  the  bridge  and  to  the  tracks  of  The  Metropolitan  West  Side 
Elevated  Railroad  Company  in  said  Van  Buren  street,  at  a point  about 
two  hundred  feet  east  of  Halsted  street  and  connecting  with  the  tracks 
of  the  said  The  Metropolitan  West  Side  Elevated  Railroad  Company 
at  that  point;  and  also,  with  a branch  commencing  at  and  connecting 
with  the  said  tracks  in  said  Van  Buren  street  at  its  intersection  with 
Market  street,  and  thence  running  northerly  in  and  along  said  Market 
street  to  the  right  of  way  of  the  said  The  Metropolitan  West  Side  Ele- 
vated Railroad  Company  between  said  Van  Buren  street  and  Jackson 
street,  and  connectingwith  the  tracks  of  the  said  The  Metropolitan  West 
Side  Elevated  Railroad  Company  at  that  point;  Provided,  however, 
that  before  making  the  said  two  connections  with  the  tracks  of  the 
said  The  Metropolitan  West  Side  Elevated  Railroad  Company,  as 
above  authorized  to  be  made,  the  said  Union  Consolidated  Elevated 
Railway  Company  shall  first  obtain  the  written  consent  of  the  said  The 
Metropolitan  West  Side  Elevated  Railroad  Company  to  make  such 
connection;  and  also  the  right  to  connect  the  double  track  herein  au- 
thorized to  be  constructed  in  Van  Buren  street  with  the  tracks  of  the 
Union  Elevated  Railroad  Company  in  Fifth  avenue,  for  the  operation 
of  the  loop  system;  provided,  however,  permission  to  make  such  con- 
nection shall  be  first  obtained  from  the  said  last  named  corporation. 

T 2.  Plans — approval — inspection.]  § 2.  The  said  railway 
company  shall  prepare  and  submit  to  the  commissioner  of  public  works 
of  the  city  of  Chicago  plans  and  specifications  of  the  standard  sections 
of  the  said  railroad  structure  proposed  to  be  used  by  said  company, 
and  the  said  commissioner  shall  forthwith  examine  the  plans  and  speci- 
cations  so  submitted,  and  in  case  such  plans  and  specifications  conform 
to  the  requirements  of  this  ordinance,  then  said  commissioner  shall 
approve  the  same,  whereupon  the  said  company  may  commence  to 
build  and  erect  said  railroad,  as  hereby  authorized,  in  accordance  with 
said  plans  and  specifications  so  approved,  and  which  said  construction 
shall  be  under,  and  subject  to  the  inspection  and  supervision  of  the 
commissioner  of  public  works,  who  shall  see  that  the  same  is  con- 
structed in  accordance  with  the  said  plans  and  specifications  so  ap- 
proved. The  maintenance  and  operation  of  said  elevated  railroad  shall 
be  subject  to  all  lawful  general  ordinances  of  the  city  of  Chicago  now 
in  force  or  hereafter  to  be  passed  applicable  thereto, 


974 


RAILROADS — ELEVATED. 


[§  41  I 


T 3.  Specifications— joint  use— use  limited— motive  power — 
fare.]  § 3.  The  permission  and  authority  hereby  granted  are  upon 
the  following  conditions : 

First.  That  two  tracks  only  shall  be  constructed  and  operated  in 
and  along  said  Van  Buren  street, from  Wabash  avenue  to  Market  street, 
and  in  and  along  Market  street  to  the  right  of  way  of  The  Metropolitan 
West  Side  Elevated  Railroad  Company,  between  Van  Buren  and  Jack- 
son  street,  and  that  a single  track  only  shall  be  constructed  and  oper- 
ated in  said  Van  Buren  street  west  of  the  point  of  connection  of  said 
single  track  with  said  double  track  in  said  Van  Buren  street  at  its  inter- 
section with  Market  street. 

Second.  That  that  part  of  the  elevated  railroad  structure  hereby 
authorized  between  Wabash  avenue  and  Fifth  avenue  shall  be  subject 
to  the  joint  use  of  the  Northwestern  Elevated  Railroad  Company,  the 
Lake  Street  Elevated  Railroad  Company,  The  Metropolitan  West  Side 
Elevated  Railroad  Company,  the  Chicago  and  South  Side  Rapid  Tran- 
sit Railroad  Company  and  the  Union  Elevated  Railroad  Company, 
upon  such  terms  and  conditions  as  have  been  agreed  upon  under  any 
and  all  contracts  now  existing  between  the  said  corporations  last  above 
named,  or  such  contract  or  contracts  as  may  hereafter  be  entered  into 
between  the  said  companies  or  any  of  them,  for  the  use  and  operation 
of  the  said  railroad  hereby  authorized;  and  that  part  of  the  elevated 
railroad  hereby  authorized  in  Van  Buren  street  west  of  Fifth  avenue, 
and  in  Market  street,  shall  be  subject  to  the  joint  use  of  the  Union 
Consolidated  Elevated  Railway  Company,  the  Union  Elevated  Rail- 
road Company  and  The  Metropolitan  West  Side  Elevated  Railroad 
Company,  upon  such  terms  and  conditions  as  have  been  agreed  upon 
between  any  or  all  of  the  said  companies  last  named  under  any  and  all 
contracts  now  existing  between  the  said  last  named  corporations,  or 
any  two  of  them,  or  such  contract  or  contracts  as  may  be  hereafter 
entered  into  between  the  said  last  named  companies  or  any  two  of  them 
for  the  use  and  operation  of  said  railway  hereby  authorized. 

Third.  That  all  freight  trains  and  other  rolling  stock  of  surface 
steam  railroads  shall  be  absolutely  excluded  from  said  elevated  railroad 
tracks;  it  being  understood  that  it  shall  be  used  for  moving  passenger 
trains  only,  and  for  accommodating  and  handling  passenger  traffic  and 
the  mails  exclusively,  and  that  all  trains  shall  be  regularly  and  sys- 
tematically moved,  as  shall  be  necessary  to  accommodate  the  public, 
and  the  number  of  all  such  trains  shall  be  increased  as  rapidly  as  the 
demands  of  the  public  shall  render  necessary  and  the  increase  of  traffic 
shall  warrant.  If  any  portion  of  the  elevated  structure  of  said  company 
authorized  by  this  ordinance  shall  at  any  time  be  used  by  the  freight  or 
passenger  trains,  or  by  the  rolling  stock  of  any  surface  steam  railroad 
company,  then  all  the  rights  and  privileges  herein  granted  shall  wholly 
cease  and  be  null  and  void,  and  the  city  council  of  the  city  of  Chicago 
may  order  all  of  that  portion  of  said  elevated  structure  to  be  summarily 
removed  and  torn  down. 


§ 41 1]  UNION  CONSOLIDATED  ELEVATED  RAILWAY  COMPANY. 


975 


Fourth.  That  the  entire  design  and  plan  of  the  said  railroad  shall 
be  that  of  an  elevated  structure,  and  all  material  used  for  that  part  of 
said  structure  above  the  ground  shall  be  of  wrought  iron  or  steel, 
except  the  post  connections  may  be  of  cast  iron,  and  except  the  rails, 
which  shall  be  of  steel,  and  except  the  ties  or  longitudinal  stringers, 
supporting  the  rails  and  the  safe  guards,  which  shall  be  of  the  best 
quality  and  kind  of  selected  timber,  and  except  the  track  walks,  which 
shall  be  of  wood.  The  stairs  and  all  parts  of  the  structure,  except  the 
platforms,  doors  and  windows  and  outside  sheeting,  and  except  the 
interior  of  the  stations,  shall  be  of  iron  or  masonry.  All  station  plat- 
forms, and  all  of  the  material  used  in  the  construction  of  the  work 
shall  be  of  the  best  quality  for  the  purposes  to  which  they  are  to  be 
applied,  and  the  work  shall  be  executed  in  a workmanlike  manner. 

Fifth.  That  all  columns  and  supports  for  the  said  elevated  struct- 
ure shall  be  located  as  follows:  For  that  part  of  the  said  elevated  struct- 
ure in  said  Market  street,  and  also  in  Van  Buren  street,  east  of  said 
Market  street,  and  for  that  portion  of  the  said  elevated  structure  in  said 
Van  Buren  street,  between  Canal  street  and  the  west  line  of  the  Chi- 
cago River,  the  said  columns  and  supports  shall  be  set  and  placed  on 
the  curb  line;  and  for  that  part  of  the  said  elevated  structure,  in  said 
Van  Buren  street,  west  of  Market  street,  the  same  shall  be  built  in  the 
center  of  the  street  and  supported  by  single  columns,  with  the  excep- 
tion, as  aforesaid,  of  that  part  of  said  structure  between  the  west  line 
of  the  Chicago  River  and  Canal  street. 

Sixth.  That  the  structure  of  such  elevated  railroad  shall  be  made 
as  light  and  presentable  as  is  compatible  with  the  traffic  thereon.  Said 
structure  shall  be  what  is  known  as  lattice  work  construction,  the 
same  as  the  East  Lake  street  extension  construction,  from  Markets 
street  to  Wabash  avenue.  The  elevated  structure  shall  span  all  cross 
streets,  and  no  columns  or  other  supports  shall  be  set  in  the  intersec- 
tion thereof. 

Seventh.  That  the  motive  power  to  be  used  in  the  operation  of  said 
elevated  railroad  hereby  authorized  shall  be  electricity,  or  some  other 
motive  power  equally *s  clean  and  noiseless;  provided,  however,  that 
the  said  Chicago  and  South  Side  Rapid  Transit  Railroad  Company 
shall  have  the  right  to  use  steam  as  a motive  power  for  operating  its 
cars  and  trains  for  the  period  of  three  (3)  years  from  June  24th,  1895, 
and  after  the  expiration  of  said  three  (3)  years,  the  said  Chicago  and 
South  Side  Rapid  Transit  Railroad  Company  shall  use  for  its  motive 
power  electricity  or  some  other  motive  power  equally  clean  and  noise- 
less. 

Eighth.  That  the  said  railroad  hereby  authorized  to  be  constructed 
shall  be  constructed  before  January  1st,  1898,  and  unless  the  said  rail- 
road hereby  authorized  to  be  constructed  shall  have  been  constructed 
before  the  expiration  of  the  period  last  aforesaid,  then  all  the  rights 
and  prmleges  .granted  as  to  that  portion  of  the  said  railroad  which 
shall  not  have  been  so  constructed  shall  cease  and  be  void,  but  the 


976 


RAILROADS — ELEVATED. 


[§  41  I 


rights  and  privileges  as  to  that  portion  of  said  railroad  which  shall  have 
been  constructed,  shall  remain  in  full  force.  The  time  during  which 
any  legal  proceedings  shall  be  pending  whereby  the  said  companies,  or 
either  of  them,  shall  be  prevented  from  or  delayed  in  constructing  said 
railroad,  shall  be  excluded  from  the  time  herein  prescribed  for  its  com- 
pletion and  shall  be  allowed  in  addition  to  the  time  prescribed  for  the 
completion  thereof;  provided,  however,  that  such  exclusion  shall  date 
only  from  the  time  when  notice  shall  have  been  given  to  the  corpora- 
tion counsel  of  the  city  of  Chicago  of  the  institution  of  such  legal  pro- 
ceedings. Provided,  that  the  grantee  of  this  ordinance  shall  run  its 
trains  throughout  the  night  at  regular  intervals  of  not  more  than  thirty 
(30)  minutes. 

Ninth.  That  except  where  the  width  of  any  cross  street,  between 
the  curbs  thereof,  is  seventy  (70)  feet  or  more,  every  cross  street  shall 
be  spanned  by  a single  span. 

Tenth.  That  the  transverse  diameter  of  each  such  post  or  column 
shall  not  exceed  twenty-four  (24)  inches  at  the  base,  and  thence  for  at 
least  ten  feet  above  the  surface  of  the  roadway.  The  transverse  diam- 
eter of  a column  when  placed  on  or  within  the  line  of  the  curb,  shall 
not  exceed  eighteen  (18)  inches  at  the  base,  and  thence  for  at  least  ten 
(10)  feet  above  the  surface  of  the  roadway. 

Eleventh.  That  the  transverse  diameter  of  the  columns  above  indi- 
cated does  not  include  fenders,  and  adequate  fenders  shall  be  fitted 
around  the  base  of  each  column  placed  in  the  roadway,  to  prevent  the 
hubs  of  the  wheels  of  passing  vehicles  from  striking  the  columns. 

Twelfth.  That  the  longitudinal  distance  between  columns,  when 
the  rows  of  columns  are  in  the  roadway  of  a street  or  avenue,  shall  not 
be  less  than  thirty-five  (35)  feet  except  on  curves. 

Thirteenth.  That  the  longitudinal  distance  between  columns  on  or 
within  the  curb  shall  be  at  least  twenty-five  (25)  feet. 

Fourteenth.  That  no  part  of  the  girders  of  the  superstructure  shall 
be  less  than  fourteen  (14)  feet  above  the  then  established  grade  of  the 
street. 

Fifteenth.  That  the  different  parts  of  the  s^ucture  and  the  connec- 
tions shall  be  properly  proportioned  to  resist  all  the  momentum  of  the 
train,  which  can,  by  the  application  of  the  brakes,  be  imparted  to  the 
structure. 

Sixteenth.  That  the  most  approved  safety  guards  shall  be  provided 
to  prevent  the  cars  from  leaving  the  structure  in  case  of  accident. 

Seventeenth.  That  the  two  tracks  hereby  authorized  shall  be  set 
over  the  center  of  the  street  as  nearly  as  practicable,  except  at  curves, 
and  that  all  the  material  used  in  the  construction  of  the  work  shall  be 
of  the  best  quality  for  the  purpose  to  which  it  is  to  be  applied,  and  the 
work  shall  be  executed  in  the  best  style  of  the  art  and  in  a workman- 
like manner. 

Eighteenth.  That  the  rate  of  fare  on  that  part  of  the  railroad  for 
which  this  ordinance  is  granted,  to  be  constructed  in  said  Van  Buren 


§ 4 1 1 ] UNION  CONSOLIDATED  ELEVATED  RAILWAY  COMPANY.  977 

street,  between  Wabash  avenue  and  Fifth  avenue,  together  with  the 
whole  of  the  railroad  now  belonging  to,  or  which  may  hereafter  belong 
to,  or  be  controlled  by  said  Union  Elevated  Railroad  Company,  for 
the  purpose  of  making  a continuous  loop,  shall  not  exceed  five  (5) 
cents  and  no  more;  and  it  is  expressly  provided  that  the  one  fare  of 
five  (5)  cents  only  shall  be  charged  for  a continuous  ride  on  the  line  of 
the  Union  Elevated  Railroad,  and  any  one  of  the  lines  of  railroad 
which  shall  use  the  tracks  of  the  said  Union  Elevated  Railroad,  it  being 
understood  that  that  part  of  the  railroad  in  Van  Buren  street,  between 
Wabash  avenue  and  Fifth  avenue,  referred  to  in  this  ordinance,  is  to  be 
a part  of  the  Union  Elevated  Railroad,  known  as  the  “loop  line,”  and 
that  passengers  may  be  carried  over  the  line  of  any  one  railroad  using 
the  tracks  of  the  Union  Elevated  Railroad  and  around  the  said  loop,  or 
vice  versa,  for  one  fare  of  not  more  than  five  (5)  cents;  provided,  how- 
ever, that  police  and  firemen  in  uniform  shall  be  permitted  to  ride  free 
of  charge. 

IT  4.  Stations— stairs— lighting  and  heating.  ] § 4.  That  the 
Union  Consolidated  Elevated  Railway  Company  shall  have  permission 
and  authority,  and  the  same  are  hereby  given  and  granted  to  it,  to  con- 
struct and  maintain  in  the  route  hereby  authorized,  all  necessary  or 
proper  stations,  platforms  and  depot  stations  by  means  of  all  necessary 
stairs,  stairways,  elevators,  landing  places,  and  other  constructions  and 
appliances  for  ingress,  egress  and  the  accommodation  of  passengers, 
but  such  platforms,  stations,  stairs,  stairways,  elevators,  landing  places, 
etc.,  shall  be  so  constructed  and  maintained  as  not  to  unnecessarily 
impair  the  usefulness  of  such  avenue,  or  any  portion  thereof.  Neat 
and  commodious  passenger  stations  of  easy  and  convenient  access  shall 
be  provided,  and  all  such  stations,  buildings  and  appurtenances,  and 
likewise  all  passenger  cars — when  the  latter  are  in  use — shall  be  com- 
fortably heated  during  the  winter  months,  or  whenever  necessary  at 
any  season,  and  they  shall  be  properly  lighted  with  gas,  electricity  or 
otherwise,  and  thoroughly  ventilated  at  all  seasons.  Platforms  and 
lines  of  stairs  leading  to  and  from  the  same  shall  be  securely  protected 
by  strong  wrought  iron  or  steel  railings,  not  less  than  three  and  one- 
half  (3/4)  feet  high.  The  permission  and  authority  to  locate,  construct 
and  maintain  all  such  requisite  platforms,  landings  and  lines  of  stairs 
leading  to  and  from  the  sidewalks  of  the  streets  and  avenues  and  the 
said  elevated  stations,  being  herein  expressly  granted  said  company, 
whenever  and  wherever  such  methods  of  reaching  said  stations  may  be 
found  necessary.  Nothing  herein  contained,  however,  shall  prohibit 
said  company  from  locating  and  maintaining  its  stations  in  buildings 
purchased,  leased  or  erected  on  ground  purchased  or  acquired  by  con- 
demnation or  lease,  or  in  buildings  adjacent  to  said  stations  or  plat- 
forms, where  authority  is  given  by  owners  or  lessees  of  said  buildings 
for  above  purposes,  wherein  it  may  be  for  the  convenience  and  comfort 
of  its  patrons,  place  its  ticket  offices,  waiting  rooms,  sanitary  accommo- 
dations, stairways,  elevators  and  all  requisite  methods  of  ingress  or 


82 


978 


RAILROADS ELEVATED. 


[§  41 1 


egress,  and  the  right  to  construct  and  maintain  covered  passageways 
or  connections  between  the  interior  of  all  such  station  buildings  and 
the  exterior  platforms,  is  hereby  expressly  granted  to  said  company. 
All  of  said  supporting  columns,  cross  girders,  longitudinal  girders, 
platform  connections  and  handrailings  shall  be  painted,  and  sightly 
appearance  shall  be  maintained  at  all  times.  The  plans  and  specifica- 
tions of  such  depots,  platformis  and  stairs  shall  be  submitted  to  and 
approved  by  the  commissioner  of  public  works,  before  the  work  of 
construction  thereof  shall  have  commenced. 

1 5.  Location  of  stations.]  § 5.  Stations  of  said  elevated 
railroad  in  and  along  the  route  hereby  authorized  shall  be  located  as 
follows:  Stations  in  Van  Buren  street  shall  be  located  at  or  near  State 
and  Van  Buren  streets,  Dearborn  and  Van  Buren  streets,  Custom 
House  place  and  Van  Buren  street,  Pacific  avenue  or  Sherman  avenue 
and  Van  Buren  street,  Franklin  street  or  Fifth  avenue  and  Van  Buren 
street,  as  the  company  may  designate,  Clinton  and  Van  Buren  streets, 
Desplaines  and  Van  Buren  streets,  and  at  such  other  place  or  places 
as  may  be  agreed  upon  between  the  said  railway  company  and  the 
mayor  or  commissioner  of  public  works  of  the  city  of  Chicago.  The 
station  at  Dearborn  and  Van  Buren  streets  shall  have  the  exit  and 
entrance  stairways  located  on  the  north  side  of  Dearborn  street,  at  the 
curb  line;  and  at  Custom  House  place  and  Van  Buren  street  the  stair- 
way shall  be  located  in  a similar  way  on  the  south  side  of  Van  Buren 
street. 

1 6.  Connection  with  power  house.]  § 6.  Permission  and 
authority  are  hereby  given  to  the  Union  Consolidated  Elevated  Rail- 
way Company  to  connect  its  power  house  or  power  houses  with  the 
elevated  structure  hereby  authorized  by  means  of  underground  con- 
duits, or  by  means  of  wires  attached  to  said  elevated  structure ; the  same 
to  be  done  under  the  direction  of  the  commissioner  of  public  works. 

T 7.  Bridge  in  Van  Buren  street — company  to  construct  and 
operate.]  § 7.  Permission  and  authority  are  hereby  given  to  the 
said  Union  Consolidated  Elevated  Railway  Company  to  use  the  present 
bridge  in  Van  Buren  street  for  its  elevated  railroad  and  to  remodel  and 
reconstruct  the  same  if  said  company  shall  see  fit  so  to  do,  or  to  con- 
struct a new  bridge  in  place  of  the  present  existing  bridge,  and  in 
event  that  said  company  shall  remodel  or  reconstruct,  or  shall  build 
an  entirely  new  bridge,  the  said  company  shall  in  either  case  prepare 
and  submit  to  the  commissioner  of  public  works  the  plans  and  specifi- 
cations for  such  remodeling,  or  reconstruction,  or  new  bridge,  and  the 
said  commissioner  shall  forthwith  examine  the  plans  and  specifications 
so  submitted,  and  in  case  such  plans  and  specifications  conform  to  the 
requirements  of  this  ordinance,  then  such  commissioner  shall  approve 
the  same,  whereupon  the  said  company  may  commence  to  remodel,  re- 
construct or  build  a new  bridge,  as  said  company  is  hereby  authorized, 
and  in  accordance  with  such  plans  and  specifications,  such  construction 
to  be  under  and  subject  to  the  inspection  and  supervision  of  the  com- 


§4Il]  UNION  CONSOLIDATED  ELEVATED  RAILWAY  COMPANY.  979 

missioner  of  public  works,  who  shall  see  that  the  same  is  remodeled, 
reconstructed  or  constructed  in  accordance  with  the  said  plans  and 
specifications.  Provided,  however,  said  Union  Consolidated  Elevated 
Railway  Company  shall,  in  consideration  of  the  privileges  herein 
granted,  keep  in  repair  and  operate  said  Van  Buren  street  bridge  at  its 
own  expense. 

IT  8.  Restoration  of  streets.]  § 8.  The  consent,  permission  and 
authority  hereby  given  are  upon  the  express  agreement  and  condition 
that  the  said  company  shall  do  no  permanent  injury  to  the  pavement, 
gutters,  sidewalks,  water  pipes,  sewer  or  gas  pipes,  telegraph  or  elec- 
tric wires,  cables  or  pipes,  or  sidewalk  space  occupied  by  adjacent 
owners,  but  said  company  shall  restore  the  street  pavement,  gutters, 
sidewalks,  water  pipes,  sewer  or  gas  pipes,  telegraph  or  electric  wires, 
cables  or  pipes  and  sidewalk  space  occupied  by  adjacent  owners,  at  its 
own  expense,  to  a condition  equally  as  good  as  before  the  building  of 
said  elevated  railroad,  so  far  as  consistent  with  the  occupancy  by  said 
company  of  said  streets,  alleys  and  sidewalk  spaces  authorized  by  this 
ordinance,  and  if  the  said  company  shall  fail  or  refuse  so  to  do,  the 
same  may  be  done  by  the  city  of  Chicago,  and  the  said  company  shall 
be  liable  to  the  city  for  the  cost  thereof.  When  any  excavation  shall 
be  made  by  said  company  in  any  street,  alley  or  public  place  paved  with 
wooden  blocks,  the  foundation  boards  or  planks  shall  be  removed 
without  being  cut,  unless  said  cutting  shall  be  specially  permitted  by 
the  commissioner  of  public  works  of  said  city. 

T 9.  Use  of  structure  by  city.]  § 9.  The  city  of  Chicago 
shall  have  the  right  to  use  the  structure  authorized  by  this  ordinance 
for  placing  thereunder  its  police,  fire  alarm  and  telephone  wires,  and 
other  wires  and  conduits  for  the  use  of  the  city,  without  charge. 

If  10.  Indemnity  clause.]  § 10.  The  consent,  permission  and 
authority  hereby  given  are  upon  the  further  express  condition  that  the 
said  company  shall  and  will  forever  indemnify  and  save  harmless  the 
city  of  Chicago  against  and  from  any  and  all  damages  of  every  kind 
and  character,  including  land  and  business  damages,  and  any  all  dam- 
ages to  property  of  every  kind  and  character,  and  from  any  and  all 
damages,  judgments,  decrees  and  costs  and  expenses  of  the  same, 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against  said 
city  for  or  by  reason  of  the  granting  of  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  any  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  the  said  company  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

1 11.  Injunction  suit— rights  of  city.]  § 11.  That  the  city 
of  Chicago  shall  have  the  right  to  intervene  in  any  suit  or  proceeding 
brought  by  any  person  or  persons  seeking  to  enjoin,  restrain  or  in  any 
manner  interfere  with  the  prosecution  of  said  work  of  construction  and 
move  for  a dissolution  of  such  injunction  or  restraining  order  in  such 


980  RAILROADS ELEVATED.  [§  41 1 

suit  in  case  it  shall  deem  such  suit  collusive  or  instituted  for  the  pur- 
pose of  delay. 

1 12.  Company  to  light  street  crossings,  etc.]  § 12.  The  said 
railway  company  shall  light  with  incandescent  electric  lights  all  street 
and  alley  crossings  or  intersections  along  the  route  of  its  railroad  as 
authorized  by  Section  1 of  this  ordinance.  Each  street  intersection 
shall  be  lighted  by  ten  thirty-two  candle  power  lamps,  and  each  alley 
crossing  by  five  thirty-two  candle  power  incandescent  lamps,  to  be 
placed,  maintained  and  operated  subject  to  the  approval  of  the  commis- 
sioner of  public  works.  Whenever  a change  of  location  of  existing 
street  lamps  owned  or  used  by  the  city  of  Chicago  is  rendered  neces- 
sary by  the  construction  of  said  railroad,  the  said  railway  company 
shall  pay  the  expense  of  transferring  and  relocating  all  such  city  lamps, 
subject  to  the  approval  of  the  commissioner  of  public  works. 

T 13.  Bond.]  § 13.  The  consent,  permission  and  authority 
hereby  given  are  upon  the  express  agreement  and  understanding  that 
the  Union  Consolidated  Elevated  Railroad  Company,  before  exercis- 
ing any  of  the  rights  hereby  granted,  shall  execute  to  the  city  of  Chi- 
cago a good  and  sufficient  bond  in  the  penal  sum  of  two  hundred  and 
fifty  thousand  (250,000)  dollars,  conditioned  that  it  will  observe,  per- 
form and  carry  out  all  of  the  provisions  of  this  ordinance,  and  will  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  damages,  including  land  and  business  damages,  judgments, 
decrees,  costs  and  expenses  which  it  may  suffer,  or  which  may  be  re- 
covered or  obtained  against  said  city  by  reason  of  or  growing  out  of 
or  resulting  from  the  passage  of  this  ordinance,  or  any  matter  or  thing 
connected  therewith,  or  with  the  exercise  by  said  company  of  the  privi- 
leges or  any  of  them  herein  granted,  or  from  any  act  or  acts  of  the 
said  company,  under  or  by  virtue  of  the  provisions  of  this  ordinance; 
provided,  however,  that  the  giving  of  said  bond,  or  the  recovery  of  a 
judgment  or  judgments  thereon  by  the  city  of  Chicago  shall  not  be 
construed  as  measuring  the  liability  of  said  company  to  said  city  under 
any  provisions  of  this  ordinance  except  to  the  extent  of  such  recovery 
or  recoveries  in  each  case.  The  bond  required  by  this  section  shall 
be  filed  with  the  city  clerk  within  sixty  (60)  days  from  the  passage  of 
this  ordinance. 

1 14.  Compensation.]  § 14.  On  the  first  day  of  May  in  each 
year  said  company  shall  pay  to  the  city  of  Chicago  an  annual  license 
fee  of  fifty  (50)  dollars  for  each  and  every  car  belonging  to  said  com- 
pany, used  in  transporting  passengers  for  hire,  and  at  the  time  of  said 
payment,  said  company  shall  file  with  the  city  collector  an  affidavit 
subscribed  and  sworn  to  by  its  treasurer,  or  other  officer  of  said  com- 
pany, if  required  by  the  city  collector,  stating  the  number  of  cars  so 
used  by  said  company.  Upon  such  payment  being  made,  the  city 
clerk  shall  issue  a license  to  said  company  for  each  of  its  cars  so  used, 
which  license  shall  be  issued  as  other  licenses  are  issued,  and  each 
license  shall  contain  the  number  of  car  for  which  the  same  is  paid,  and 


§ 41 1]  UNION  CONSOLIDATED  ELEVATED  RAILWAY  COMPANY.  981 

which  license  shall  be  posted  by  said  company  in  some  conspicuous 
place  inside  of  each  car  so  licensed. 

f 15.  Rights  extended  to  successors,  etc. — “Union  Loop” 
ordinances  ratified.]  § 15.  The  permission  and  authority,  rights 
and  privileges,  herein  conferred,  respectively,  upon  the  Union  Consol- 
idated Elevated  Railway  Company,  the  Union  Elevated  Railroad  Com- 
pany, the  Northwestern  Elevated  Railroad  Company,  the  Lake  Street 
Elevated  Railroad  Company,  The  Metropolitan  West  Side  Elevated 
Railroad  Company  and  the  Chicago'  and  South  Side  Rapid  Transit 
Railroad  Company,  are  hereby  extended  to  and  conferred  upon  the 
respective  successors  and  assigns  of  each  and  every  of  said  railroad 
companies  above  mentioned;  and  in  furtherance  of  the  object  and  pur- 
pose to  have  constructed  the  loop  line  contemplated  by  the  several  ordi- 
nances heretofore  passed,  granting  to  the  said  last  named  corporations, 
either  severally  or  jointly,  permission  and  authority  to  construct  and 
operate  elevated  railroads  in  the  city  of  Chicago,  every  and  all  acts  or 
deeds  of  transfer  of  rights,  privileges  or  franchises,  and  all  contracts, 
mortgages,  deeds  of  trust,  leases,  stipulations,  licenses,  and  undertak- 
ings made,  entered  into  or  given  between  the  said  corporations,  or  be- 
tween any  two  or  more  of  them,  or  between  any  one  or  more  of  them, 
and  any  other  person  or  corporation  respecting  or  concerning  their 
several  railways  or  the  construction  thereof,  or  the  use  and  operation 
of  the  same,  are,  and  every  such  act,  deed,  contract,  mortgage,  lease, 
stipulation,  licenses  or  undertaking  is  hereby  approved,  ratified  and 
confirmed,  and  the  same  shall  be  deemed  and  held  as  valid  and  effectual 
to  all  intents  and  purposes  as  if  made  a part,  and  the  same  are  hereby 
made  a part  of  the  said  several  ordinances. 

And  the  rights  and  privileges  granted  to  said  companies  by 
ordinances  heretofore  passed  by  the  city  council  of  the  city  of  Chicago 
in  reference  to  an  elevated  railroad  upon  Lake  street,  from  'Market 
street  to  Wabash  avenue,  and  upon  Wabash  avenue,  from  Lake  street 
to  Harrison  street,  and  upon  Fifth  avenue,  from  Lake  street  to  Harri- 
son street,  are  hereby  readopted  and  confirmed  and  said  ordinances 
granting  said  rights  and  privileges  upon  said  three  streets  are  hereby 
re-enacted  and  adopted. 

The  said  ordinances  last  referred  to  being  one  passed  on  the  1st 
day  of  October,  1894,  granting  certain  rights  and  privileges  to  the 
Lake  Street  Elevated  Railroad  Company;  one  passed  on  the  24th  day 
of  June,  1895,  amending  an  ordinance  passed  January  8,  1895,  grant- 
ing to  the  Northwestern  Elevated  Railroad  Company  certain  rights  and 
privileges;  and  one  passed  October  14,  1895,  granting  certain  rights 
and  privileges  to  the  Union  Elevated  Railroad  Company  upon  Wabash 
avenue. 

And  permission  and  authority  are  hereby  granted  to  the  Union 
Elevated  Railroad  Company  to  locate  and  maintain  any  or  all  stations 
in  buildings  it  may  purchase,  lease  or  erect  on  ground  purchased,  or 
acquired  by  condemnation  or  otherwise,  or  to  locate  or  maintain  any 


982 


RAILROADS ELEVATED. 


[§  412 


or  all  stations  in  building's  adjacent  to  its  platforms,  where  authority 
shall  be  given  by  the  owners  or  lessees  of  such  building  or  buildings, 
to  use  the  same  for  such  purposes,  and  to  make  all  necessary  con- 
nections. 

1 16.  When  in  force.]  § 16.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage;  Provided,  the  said  Union 
Consolidated  Elevated  Railway  Company  shall  within  sixty  (60)  days 
after  the  passage  of  this  ordinance,  file  its  acceptance  thereof  with  the 
city  clerk  of  the  city  of  Chicago,  and  shall  at  the  same  time  file  with 
said  city  clerk  the  bond  as  herein  required. 

Note:  See  following  agreement. 

UNION  ELEVATED  RAILROAD  COMPANY  AND  UNION  CONSOLIDATED  ELE- 
VATED RAILWAY  COMPANY. 

§ 412.  Union  Elevated  Railroad  company  and  Union  Consoli- 
dated Elevated  Railway  company. 

Agreement  relating  to  the  foregoing  ordinance. 

Agreement  of  the  Union  Elevated  Railroad  company  and  the  Union  Consoli- 
dated Elevated  Railway  company  relating  to  the  foregoing  ordinance  passed 
June  29,  1896.  (Dated  July  6,  1896.  Presented  to  the  city  council  by  the 
mayor  and  ordered  spread  upon  the  records  of  the  council  July  6,  1896.) 

IT  1.  Agreement  relating  to  the  foregoing  ordinance.] 

This  agreement  made  by  and  between  the  Union  Elevated  Railroad 
Company  and  the  Union  Consolidated  Elevated  Railway  Company,  of 
the  one  part,  and  the  city  of  Chicago,  of  the  other  part,  witnesseth: 
That,  Whereas,  On  the  29th  day  of  June,  1896,  the  city  council  oi 
the  city  of  Chicago  passed  an  ordinance  granting  certain  privileges  to 
said  Union  Consolidated  Elevated  Railway  Company,  among  which 
was  the  right  to  construct,  maintain  and  operate  for  fifty  (50)  years 
an  elevated  railroad  in  Van  Buren  street  and  in  Market  street  in  said 
city,  as  a part  of  a proposed  “loop  line,”  so  called,  on  a portion  of  said 
streets  and  on  portions  of  Fifth  avenue,  Lake  street  and  Wabash  ave- 
nue, in  which  loop  line  both  said  railroad  companies  are  interested; 
and, 

Whereas,  The  mayor  of  said  city  is  unwilling  to  approve  said  or- 
dinance without  some  additional  stipulations  and  payments  for  the 
benefit  of  said  city  on  the  part  of  said  railroad  companies,  to  which 
they  are  willing  to  agree: 

Now,  Therefore,  In  consideration  that  the  said  mayor  of  said 
city  shall  not  veto  said  ordinance,  but  that  he  shall  approve  the  same, 
subject  to  the  provisions  of  this  agreement,  and  in  further  considera- 
tion of  the  sum  of  one  dollar  to  said  railroad  companies  paid  by  said 
city,  the  receipt  whereof  is  hereby  acknowledged,  the  said  railroad 
companies  for  themselves  and  their  successors  and  assigns,  jointly  and 
severally,  covenant  and  agree  with  said  city,  as  follows: 

Said  railroad  companies  and  their  respective  successors  and  as- 


§ 412]  ^UNION  CONSOLIDATED  ELEVATED'r  AILW  A Y COMPANY.  983 

signs,  and  whoever  shall  control  and  operate  the  said  loop  line,  or  be 
in  receipt  of  or  be  entitled  to  receive  the  tolls,  income,  rents,  issues  and 
profits  thereof,  shall  pay  to  said  city,  semi-annually,  on  the  first  days  of 
August  and  of  February  in  each  year  during  the  term  of  said  ordi- 
nance after  the  year  1896,  in  addition  to  any  and  all  payments  ex- 
pressly by  said  ordinance  or  by  any  other  ordinance  of  said  city  re- 
quired, a proportionate  amount  as  hereinafter  stated  of  such  tolls,  in- 
come, rents,  issues  and  profits,  after  making  a deduction  therefrom 
at  the  rate  of  two  hundred  and  fifty  thousand  (250,000)  dollars  a year 
on  account  of  the  interest  charge  against  said  loop  line,  before  com- 
puting said  proportionate  amount.  Said  tolls,  income,  rents,  issues  and 
profits,  within  the  meaning  of  this  agreement,  shall  not  include  the  ex- 
penses for  maintenance  and  operation  of  said  loop  line  (including 
taxes)  which  are  all  understood  to  be  exclusively  payable  by  certain 
other  corporations  proposing  to  use  said  loop  line,  although  so  pay- 
able through  said  railroad  companies  or  one  of  them.  From  said  tolls, 
income,  rents,  issues  and  profits,  within  the  meaning  of  this  agreement, 
a deduction  shall  be  made  semi-annually  at  the  rate  of  two  hundred 
and  fifty  thousand  (250,000)  dollars,  per  annum,  to  cover  interest 
charge  as  aforesaid,  and  upon  or  out  of  the  amount  from  time  to  time 
remaining  (which  remaining  amount  shall  for  convenience  under  this 
agreement  be  designated  as  the  “gross  receipts”  of  sa\d  loop  line)  pay- 
ments shall  be  made  to  said  city  of  the  following  percentages,  viz. : 

First.  On  such  gross  receipts  during  the  five  (5)  year  period  from 
January  1,  1897,  to  December  31,  1901,  both  inclusive,  the  percentage 
shall  be  five  (5)  per  centum  per  annum. 

Second.  On  such  gross  receipts  during  the  five  (5)  year  period 
from  January  1,  1902,  to  December  31,  1906,  both  inclusive,  the  per- 
centage shall  be  ten  (10)  per  centum  per  annum. 

Third.  On  such  gross  receipts  during  the  ten  (10)  year  period 
from  January  1,  1907,  to  December  31,  1916,  both  inclusive,  the  per- 
centage  shall  be  fifteen  (15)  per  centum  per  annum. 

Fourth.  On  such  gross  receipts  during  the  fifteen  (15)  year  period 
from  January  1,  1917,  to  December  31,  1931,  both  inclusive,  the  per- 
centage shall  be  twenty  (20)  per  centum  per  annum. 

Fifth.  For  the  remaining  term  of  said  ordinance,  approximately 
fifteen  (15)  years,  the  percentage  shall  be  twenty-five  (25)  per  centum 
per  annum. 

All  such  payments  shall  be  made  to  the  city  comptroller  of  said 
city,  and  shall  in  each  case  be  based  upon  the  gross  receipts  for  the 
half  year  ending  respectively  on  the  30th  day  of  June  or  the  31st  day 
of  December,  next  preceding  the  date  of  payment.  Provided,  however, 
that  if  the  rates  of  tolls  or  rentals  payable  by  or  chargeable  to  any  per- 
son or  corporation  for  the  use  of  said  loop  line  shall  at  any  time  be 
reduced  below  the  rates  prescribed  by  contracts  heretofore  made  be- 
tween said  Union  Elevated  Railroad  Company  and  said  other  corpora- 
tions proposing  to  use  said  loop  line  (which  said  contracts  are  set 


984 


RAILROADS' — ELEVATED. 


[§  412 


forth  in  the  printed  proceedings  of  the  meeting  of  said  city  council  held 
on  the  226.  day  of  June,  1896,  beginning  on  page  464)  the  gross  re- 
ceipts of  said  loop  line  shall,  nevertheless,  for  the  purposes  of  this 
agreement  be  computed  and  ascertained  thereafter  precisely  as  if  no 
such  reduction  had  been  made;  it  being  the  intention  of  this  agree- 
ment that  said  railroad  companies  shall  make  their  reports  and  pay- 
ments to  said  city  upon  the  basis  of  minimum  gross  receipts  not  less 
at  any  time  than  would  be  produced  by  a continuance  of  said  prescribed 
rates,  and  that  no  deductions  for  expenses  of  said  loop  line  other  than 
those  above  specifically  provided  for  shall  be  made  at  any  time  from 
said  gross  receipts  before  computing  the  percentage  to  be  paid  to  said 
city. 

At  or  prior  to  the  time  of  making  any  payment  as  above  required, 
said  railroad  companies  shall  furnish  to  said  city  comptroller  a state- 
ment or  statements,  verified  by  affidavits  of  their  respective  chief  ac- 
counting officers,  showing  in  detail  the  amount  of  their  gross  receipts 
for  the  period  of  six  months  immediately  preceding  and  ending  re- 
spectively on  the  30th  day  of  June  or  the  31st  day  of  December,  as 
the  case  may  be.  Said  city  comptroller  shall  at  any  time,  during  or- 
dinary and  reasonable  business  hours,  have  the  right  to  examine  the 
books  and  papers  of  said  railroad  companies  for  the  purpose  of  verify- 
ing all  statements  so  made,  or  of  ascertaining  the  gross  receipts  of 
said  loop  line. 

No  assignment  of  the  rights  of  said  railroad  companies,  or  of  the 
rights  of  either  of  them,  shall  in  any  way  affect  or  alter  the  right  of  said 
city  to  have  and  receive  its  percentages  upon  the  said  gross  receipts 
of  said  loop  line  as  herein  provided,  but  the  amounts  produced  by  such 
percentages  shall  be  regularly  and  faithfully  paid  to  said  city  by  said 
railroad  companies,  or  their  successors  or  assigns,  or  by  such  per- 
son, firm  or  corporation  as  may  at  any  time  hereafter  enjoy  or  be  en- 
titled to  enjoy  the  privileges  conferred  by  said  ordinance  of  June  29th, 
1896.  If  and  whenever  default  shall  occur  in  the  making  of  any  semi- 
annual payment,  and  such  default  shall  continue  for  thirty  days,  all 
rights  and  privileges  under  said  ordinance  existing  in  favor  of  said  rail- 
road companies,  their  successors  and  assigns,  or  any  other  person  or 
corporation  whomsoever,  shall  thereupon  absolutely  cease  and  deter- 
mine at  the  election  of  said  city,  and  said  city  may  thereupon  cause  the 
removal  of  said  elevated  railroad  track,  structures  and  appliances  from 
said  Van  Buren  street  and  said  Market  street;  provided,  however,  that 
at  any  time  before  a forfeiture  shall  have  been  declared  by  said  city 
council,  it  may  be  avoided  by  the  full  payment  of  the  amount  in  de- 
fault and  interest  thereon  at  six  per  centum  per  annum  from  the  date 
of  default  to  the  date  of  payment,  and  any  and  all  costs  incurred  by 
said  city  in  connection  with  such  default. 

It  shall  not  be  necessary  for  said  city  to  bring  any  action  or  suit 
to  obtain  payment  of  the  amount  claimed  to  be  due  to  it  under  this 
agreement,  or  for  any  other  purpose,  before  exercising  its  right  to  de- 


§ 412]  UNION  CONSOLIDATED  ELEVATED  RAILWAY  COMPANY.  985 

clare  a forfeiture  of  all  rights  and  privileges  granted  by  said  ordi- 
nance, and  to  rescind  or  repeal  said  ordinance,  and  no  waiver  by  said 
city,  or  failure  on  its  part  to  exercise  said  right  of  forfeiture,  or  to  pur- 
sue any  other  remedy,  for  any  default  at  any  time  in  the  making  of 
any  payment  due  to  it  under  this  agreement,  shall  be  a waiver  in  re- 
spect to  any  subsequent  default  or  in  any  way  prejudice  or  impair  the 
rights  of  said  city  in  respect  to  any  subsequent  default. 

The  loop  line,  as  that  term  is  hereinbefore  used,  and  as  the  term 
is  to  be  understood  in  construing  this  agreement,  shall  include  all  of 
the  elevated  structure,  railroad  and  appliances  authorized  or  provided 
for  by  an  ordinance  of  said  city  council,  passed  October  14th,  1895,  in 
favor  of  said  Union  Elevated  Railroad  Company,  and  by  said  ordi- 
nance passed  June  29th,  1896,  in  favor  of  said  Union  Consolidated 
Elevated  Railway  Company,  namely,  the  structure,  railroad  and  ap- 
pliances authorized  in  Wabash  avenue,  from  the  north  line  of  Lake 
street  south  to  the  south  line  of  Harrison  street,  and  in  Van  Buren 
street,  from  Wabash  avenue  westerly  to  the  tracks  of  the  Metropolitan 
West  Side  Elevated  Railroad  Company  two  hundred  (200)  feet  east 
of  Halsted  street,  and  in  Market  street  northward,  from  Van  Buren 
street  to  the  right  of  way  of  the  Metropolitan  West  Side  Elevated 
Railroad  Company,  between  Van  Buren  street  and  Jackson  street; 
and  shall  also  include  the  structure,  railroad  and  appliances  constructed 
and  to  be  constructed  in  Lake  street,  from  Wabash  avenue  west  to 
the  intersection  of  Lake  street  and  Fifth  avenue,  and  in  Fifth  avenue, 
from  the  north  line  of  Lake  street  to  the  intersection  of  Fifth  avenue 
and  Harrison  street. 

The  railroad  tracks  to  be  laid  under  said  ordinance  of  June  29th, 
1896,  between  Market  street  and  Halsted  street,  shall  not  be  used  for 
the  purpose  of  storing  or  “yarding”  cars,  or  for  merely  switching  pur- 
poses, and  no  cars  shall  be  permitted  to  stand  and  remain  thereon, 
except  while  receiving  or  discharging  passengers,  or  while  actually  in 
use  in  carrying  passengers.  If  this  foregoing  provision  shall  not  be 
faithfully  observed,  said  city  may  rescind  or  repeal  said  ordinance  and 
forfeit  all  rights  and  provisions  granted  thereby,  or  may  pursue  any 
other  suitable  remedy  in  the  premises. 

Said  railroad  companies  shall,  at  their  own  expense  forthwith,  re- 
lay and  reconstruct,  in  a manner  satisfactory  to  the  commissioner  of 
public  works  of  said  city,  the  street  pavement  in  Van  Buren  street, 
between  Wabash  avenue  and  Halsted  street,  from  curb  to  curb,  ex- 
cept so  much  thereof  as  any  street  railway  company  or  companies  op- 
erating street  railway  tracks  thereon  may  at  the  present  time  be  re- 
quired to  construct  and  maintain.  In  such  relaying  and  reconstructing 
of  said  pavement,  said  railroad  companies  shall  pave  said  street  in  sub- 
stantially the  same  manner  as  said  street  is  now  paved,  and  with  ma- 
terials of  substantially  the  same  kind  as  are  now  laid  therein,  ex- 
cept as  shall  be  otherwise  expressly  directed  by  the  mayor  and  com- 
missioner of  public  works  of  said  city,  who  may  otherwise  direct  at 


986 


RAILROADS ELEVATED. 


[§  412 


their  discretion.  The  existing  paving  materials  in  the  pavement  so  to 
be  relaid  and  reconstructed  may  be  used  so  far  as  acceptable  to  said 
commissioner  of  public  works,  but  wherever  such  existing  materials 
are  worn,  and  in  the  judgment  of  said  commissioner  of  public  works 
are  not  fit  to  be  further  used,  said  railroad  companies  shall  provide 
new  materials  as  said  mayor  and  commissioner  of  public  works  may 
require. 

This  agreement  is  executed  by  authority  of  the  respective  boards  of 
directors  of  said  railroad  companies,  and  shall  be  obligatory  and  bind- 
ing upon  the  approval  by  the  mayor  of  the  city  of  Chicago  of  said 
ordinance  of  June  29th,  1896,  without  any  execution  on  behalf  of  said 
city. 

Dated  Chicago,  July  6th,  1896. 

UNION  ELEVATED  RAILROAD  COMPANY, 

(Seal.)  By  LE  GRAND  W.  PERCE,  President. 

Attest:  A.  P.  CLAUSONTHUE,  Secretary. 


UNION  CONSOLIDATED  ELEVATED  RAILWAY  COM- 
PANY, 

(Seal.)  By  R.  LAUGHLIN,  President. 

Attest:  ALEXANDER  M.  SAVAGE,  Secretary. 

Approved:  D.  H.  LOUDERBACK,  General  Manager. 

Approved:  WM.  G.  BEALE, 

Corporation  Counsel  of  the  City  of  Chicago. 


STATE  OF  ILLINOIS, 
County  of  Cook. 


I,  B.  C.  Stidger,  a notary  public,  in  and  for  said  Cook  county,  in 
the  state  of  Illinois,  do  hereby  certify  that  on  this  6th  day  of  July,  A. 
D.  1896,  before  me  personally  appeared  Legrand  W.  Perce  and  A.  P. 
Clausonthue  respectively,  the  president  and  secretary  of  the  Union 
Elevated  Railroad  Company,  who  are  personally  known  to  me  to  be 
the  same  persons  whose  names  are  subscribed  to  the  foregoing  in- 
strument, and  they  severally  acknowledged  that  they  signed,  sealed 
and  delivered  the  said  instrument  as  their  free  and  voluntary  act,  and 
as  the  free  and  voluntary  act  of  the  said  Union  Elevated  Railroad 
Company  for  the  uses  and  purposes  therein  set  forth. 

I further  certify  that  on  the  same  date  personally  appeared  before 
me  Robert  Laughlin-and  Alexander  M.  Savage  respectively,  the  presi- 
dent and  secretary  of  the  Union  Consolidated  Elevated  Railway  Com- 
pany, who  are  personally  known  to  me  to  be  the  same  persons  who 
signed  the  foregoing  instrument,  and  they  severally  acknowledged 
that  they  signed,  sealed  and  delivered  the  said  instrument  as  their  free 
and  voluntary  act,  and  as  the  free  and  voluntary  act  of  the  said  Union 
Consolidated  Elevated  Railway  Company  for  the  uses  and  purposes 
therein  set  forth. 


412]  UNION  CONSOLIDATED  ELEVATED  RAILWAY  COMPANY. 


987 


Witness  my  hand  and  notarial  seal  this  6th  day  of  July,  A.  D. 


1896. 

[Seal]  B.  C.  STIDGER,  Notary  Public. 

COUNTY  OF  COOK,  ) 

State  of  Illinois,  J ss* 

I,  A.  P.  Clausonthue,  do  hereby  certify  that  I am  secretary  of  the 
Union  Elevated  Railroad  Company,  and  as  such  secretary,  the  keeper 
of  its  records  and  custodian  of  its  seal,  and  that  at  a meeting  of  the 
board  of  directors  of  said  company,  held  on  Monday,  July  6th,  A.  D. 
1896,  a quorum  being  present,  the  following  resolution  was  unani- 
mously adopted: 

“Resolved,  That  the  president  and  secretary  be  and  they  are  here- 
by authorized  and  directed  to  execute  and  deliver  to  the  city  of  Chi- 
cago the  agreement  just  read  by  the  secretary,  a copy  whereof  is  her- 
“unto  attached.” 

In  witness  whereof,  I have  hereunto  set  my  hand  and  affixed  the 
seal  of  the  above  named  corporation,  this  6th  day  of  July,  A.  D.  1896. 
[Seal.]  A.  P.  CLAUSONTHUE,  Secretary. 

COUNTY  OF  COOK,  ) 

State  of  Illinois,  j ss‘ 


I,  Alexander  M.  Savage,  do  hereby  certify  that  I am  secretary  of 
the  Union  Consolidated  Elevated  Railway  Company,  and  as  such 
secretary,  the  keeper  of  its  records  and  custodian  of  its  seal,  and  that 
at  a meeting  of  the  board  of  directors  of  said  company,  held  on  Mon- 
day, July  6th,  1896,  a quorum  being  present,  the  following  resolution 
was  unanimously  adopted: 

“Resolved,  That  the  president  and  secretary  be  and  they  are  here- 
“by  authorized  and  directed  to  execute  and  deliver  to  the  city  of  Chi- 
cago the  agreement  just  read  by  the  secretary,  a copy  whereof  is  here- 
unto attached.” 

In  witness  whereof,  I have  hereunto  set  my  hand  and  affixed  the 
seal  of  the  above  named  corporation,  this  6th  day  of  July,  A.  D.  1896. 
[Seal.]  ALEXANDER  M.  SAVAGE,  Secretary. 


MEMORANDA. 


§ 413.  Expenses  of  maintenance  are  actually  paid  by  tenant  roads ; 
so  from  incomededuct  $250,000,  amountof  annual  interest  charge  and 
on  balance  after  January  1st,  1897,  payments  to  be  5 per  cent  for  5 
years,  10  per  cent  for  5 years,  15  per  cent  for  10  years,  20  per  cent  for 
15  years,  25  per  cent  remaining  time,  about  1^/2  years. 

Van  Buren  street,  from  Wabash  avenue  to  Halsted  street  to  be  re- 
paved. 

Ordinance  provides  for  lighting  street  and  alley  intersections  at 
cost  to  Union  Loop  Company  to  the  amount  of  $6,000  per  year. 


CHAPTER  XIII— STREET  RAILWAYS. 


§ 4141  Chicago  City  Railway  company:  the  North  Chicago  City  Railway 
company;  Chicago  West  Division  Railway  company. 

§415.  Amending  foregoing  ordinance. 

$ 416.  Street  repairs  for  above  named  roads. 

§ 417.  Calumet  Electric  Street  Railway  company. 

$ 418.  Hyde  Park,  railway  in. 

§ 419.  Washington  Heights,  railway  in. 

§ 420.  Calumet  Electric  Street  Railway  company. 

§ 421.  Calumet  Electric  Street  Railway  company. 

§ 422.  Calumet  Electric  Street  Railway  company. 

§ 423.  Calumet  Electric  Street  Railway  company. 

| 424.  Calumet  Electric  Street  Railway  company. 

§ 425.  Calumet  Electric  Street  Railway  company. 

§ 426.  Calumet  Electric  Street  Railway  company. 

§ 426*.  Calumet  Electric  Street  Railway  company, 
p 427.  Chicago  City  Railway  company. 

§ 428.  Chicago  City  Railway  company. 

$ 429.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

§ 430.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

^ 431.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

P 431a.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

§ 431b.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

§ 432.  Chicago  City  Railway  company. 

§ 433.  Chicago  City  Railway  company. 

§ 434.  Chicago  City  Railway  company  and  North  Chicago  Railway  com- 
pany. 

§ 435.  Chicago  City  Railway  company. 

| 436.  Chicago  City  Railway  company. 

§ 437.  Chicago  & Calumet  Horse  & Dummy  Railroad  company. 

§ 438.  Chicago  City  Railway  company. 

§ 439.  Chicago  City  Railway  company. 

| 440.  Chicago  City  Railway  company. 

§441.  Chicago  City  Railway  company  and  North  Chicago  City  Railway 
company. 

§ 442.  Chicago  City  Railway  company. 

| 443.  Chicago  City  Railway  company. 

§ 444.  Chicago  City  Railway  company. 

§ 445.  Englewood  Horse  & Dummy  Railroad  company. 

S 446.  Englewood  Horse  & Dummy  Railroad  company. 

§ 447.  Englewood  Horse  & Dummy  Railroad  company. 

§ 448.  Englewood  Horse  & Dummy  Railroad  company. 

§ 449.  Englewood  Horse  & Dummy  Railroad  company. 

§ 4 so.  Chicago  City  Railway  company. 

$451.  Chicago  City  Railway  company. 

§ 452.  Chicago  City  Railway  company. 

§ 453.  Chicago  City  Railway  company. 

§ 454.  Chicago  City  Railway  company. 

§ 455.  Chicago  City  Railway  company. 

§ 456.  Chicago  City  Railway  company. 

§ 457.  Chicago  City  Railway  company. 

§ 458.  Chicago  City  Railwav  company. 

§ 459.  Chicago  & Calumet  Horse  & Dummy  Railroad  company. 

§ 460.  Chicago  City  Railway  company. 

$5  461.  Chicago  City  Railway  company. 

988 


STREET  RAILWAYS. 


989 


414] 


§ 462.  Chicago  City  Railway  company. 
§ 463.  Chicago  City  Railway  company. 
§ 464.  Chicago  City  Railway  company, 
g 465.  Chicago  City  Railway  company. 
$ 466.  Chicago  City  Railway  company. 
§ 467.  Chicago  City  Railway  company. 
§ 468.  Chicago  City  Railway  company. 
§ 469.  Chicago  City  Railway  company. 
§ 470.  Chicago  City  Railway  company. 
§ 471.  Chicago  City  Railway  company. 
§ 472.  Chicago  City  Railway  company. 
§ 473.  Chicago  City  Railway  company. 
§ 474.  Chicago  City  Railway  company. 
§ 475.  Chicago  City  Railway  company. 
§ 476.  Chicngo  City  Railway  company. 
§ 477.  Chicago  City  Railway  company. 
§ 478.  Chicago  City  Railway  company, 
k 479.  Chicago  City  Railway  company. 
§ 480.  Chicago  City  Railway  company. 
§ 481.  Chicago  City  Railway  company. 
§ 482.  Chicago  City  Railway  company. 
§ 483.  Chicago  City  Railway  company. 
§ 484.  Chicago  City  Railway  company. 
§ 485,  Chicago  City  Railway  company. 
§ 486.  Chicago  City  Railway  company. 
§ 487.  Chicago  City  Railway  company. 
§ 488.  Chicago  City  Railway  company. 
§ 489.  Chicago  City  Railway  company. 
§ 490.  Chicago  City  Railway  company. 
§491.  Chicago  City  Railway  company. 
§ 492.  Chicago  City  Railway  company. 
§ 493.  Chicago  City  Railway  company. 
§ 494.  Chicago  City  Railway  company. 
§ 495.  Chicago  City  Railway  company. 
§ 496.  Chicago  City  Railway  company. 
§ 497.  Chicago  City  Railway  company. 
§ 498.  Chicago  City  Railway  company. 
§ 499.  Chicago  City  Railway  company. 
§ 500.  Chicago  City  Railway  company. 


STREET  RAILWAYS. 

§ 414.  Chicago  City  Railway  company ; the  North  Chicago  City 
Railway  company;  Chicago  West  Division  Railway 
company. 

IT  1.  Annual  license  fee — how  computed. 

T[  2.  Improvement  and  repair  of  streets. 

IT  3.  Bond,  $50,000. 

IT  4.  Back  license  fees — costs  in  test  suits. 

5.  Extension  of  terms  of  certain  ordinances  twenty  years. 

IT  6.  When  in  force — bonds. 


990 


STREET  RAILWAYS. 


[§  414 


An  ordinance  relating  to  the  annual  license  fee  to  be  paid  by  various  street  rail- 
way companies  and  the  manner  of  computing  and  arriving  at  the  amount 
and  also  extending  the  time  for  the  operation  of  the  several'  lines  twenty 
years.  (Passed  July  30,  1883.  Accepted  by  North  Chicago  City  Railway 
company  August  8,  1883;  by  the  Chicago  City  Railway  company  and  by  the 
Chicago  West  Division  Railway  company  August  10,  1883. 

If  1.  Annual  license  fee,  how  computed.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  each  one  of  the 

corporations  known  as  the  Chicago  City  Railway  Company,  the  North 
Chicago  City  Railway  Company  and  the  Chicago  West  Division  Rail- 
way Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  the  said  city,  the  sum  of  fifty  dollars,  as  an  annual  license 
fee,  for  each  and  every  car  used  by  such  companies,  respectively,  in 
the  manner  following:  In  computing  the  number  of  cars  upon  which 
such  license  charge  may  be  imposed,  thirteen  round  trips,  when  a car 
is  used  in  the  transportation  of  passengers,  shall  be  taken  as  equivalent 
to  one  day’s  use  of  one  car.  One-thirteenth  of  such  round  trips  dur- 
ing each  quarter  shall  be  divided  by  the  number  of  days  in  such  quar- 
ter; such  quotient  shall  be  the  number  of  cars  subject  to  such  license 
fee.  The  president  or  other  chief  officer  of  each  company  shall,  under 
oath,  make  a report  quarter  yearly  to  the  comptroller  of  the  city  of 
the  whole  number  of  cars  so  run  by  said  company,  and  at  the  same 
time  pay  to  said  comptroller  twelve  dollars  and  fifty  cents  for  each  car, 
to  be  ascertained  as  prescribed  by  this  section.  The  first  quarter  shall 
end  the  last  day  of  October  next,  and  the  report  shall  be  made  within 
ten  days  after  the  end  of  each  quarter. 

1"  2.  Improvement  and  repair  of  streets.]  § 2.  Each  one 
of  said  railway  companies  shall  hereafter,  as  respects  the  filling,  grad- 
ing, paving,  or  otherwise  improving  or  repairing  the  streets  or  parts 
of  streets  upon  which  it  has  constructed  its  railways,  or  any  of  them, 
fill,  grade,  pave,  and  keep  in  good  repair  during  all  of  the  time  the 
privilege  of  using  the  said  streets,  or  parts  of  streets,  shall  extend 
eight  feet  in  width  Where  a single  track  is  used,  or  sixteen  feet  in 
width  where  a double  track  is  used,  the  said  eight  or  sixteen  feet  to 
include  the  railway  track  or  tracks,  in  accordance  with  such  ordi- 
nances as  the  city  council  may  pass  respecting  such  filling,  grading, 
paving  or  repairing,  and  the  same  shall  be  done  by  the  railway  com- 
panies with  like  material,  in  like  manner,  and  at  the  same  time  as  re- 
quired as  to  the  rest  of  said  street  not  embraced  in  the  eight  or  sixteen 
feet  in  width,  except  that  it  may  use  stone  as  now  authorized,  or  such 
other  material  as  may  hereafter  be  authorized  by  the  city  council  of 
said  city  for  the  space  between  tlje  rails  of  each  track,  and  as  re- 
spects the  crossing  of  the  tracks  of  any  one  or  more  of  said  com- 
panies over  a bridge  or  viaduct,  or  approaches  thereto,  and  the  con- 
struction, improvement,  or  repair  of  the  same,  such  company  shall 
only  be  required  to  plank,  pave,  and  keep  in  good  repair  the  space 
occupied  by  its  track ; the  planking  or  paving  to  be  done  in  the  mam 


§ 414] 


STREET  RAILWAYS. 


991 


ner  to  be  agreed  upon  between  the  said  company  and  (the  commission- 
er of  public  works. 

T 3.  Bond,  $50,000.]  § 3.  Each  of  said  companies  shall  exe- 

cute to  the  city  a bond  in  the  penal  sum  of  fifty  thousand  (50,000)  dol- 
lars, with  a condition  that  if  said  company  shall  faithfully  comply  with 
this  ordinance  then  said  bond  shall  be  void,  otherwise,  to  remain  in  full 
force  and  effect.  It  is  expressly  understood,  however,  that 
the  remedy  on  said  bonds,  or  any  of  them,  shall  be  considered  as 
merely  cumulative,  and  that  the  said  city  may,  notwithstanding  the 
execution  of  said  bonds  or  any  of  them,  have  the  same  remedies 
against  each  of  said  companies  as  it  would  or  might  have  if  no  such 
bond  was  executed. 

1 4.  Back  license  fees— costs  in  test  suits.]  § 4.  Said 
railway  companies  shall  each  respectively,  within  thirty  days  from  the 
passage  hereof,  pay  into  the  city  treasury  a sum  of  money  equal  to 
twenty-five  dollars  per  carper  annum  for  each  car  used  by  said  com- 
panies, respectively,  from  the  first  day  of  April,  1878,  to  the  first  day 
of  August,  1883,  to  be  computed  and  verified  as  provided  in  section 
one  of  this  ordinance,  and  such  payment  and  the  license  fee  herein  fixed 
shall  be  in  lieu  of  all  other  license  fees  to  be  paid  by  each  of  said  com- 
panies, and  all  other  taxes  excepting  such  taxes  upon  the  property 
of  said  companies  respectively  as  are  or  may  be  authorized  by  general 
law  of  the  legislature;  and  all  ordinances  heretofore  passed  requiring 
said  companies  to  pay  license  fees  are  hereby  repealed,  and  said  rail- 
way companies  and  all  other  persons  are  hereby  discharged  from  all 
liability  upon  any  bonds  given  to  said  city  in  any  proceedings  involv- 
ing the  validity  of  said  ordinance;  Provided,  however,  that  the  said 
railway  companies  shall  pay  all  costs  incurred  in  all  suits  between  the 
said  railway  companies,  and  each  of  them,  and  the  city  of  Chicago,  or 
between  t'he  owners  of  stock  or  stockholders  of  said  railway  compa- 
nies, and  each  of  them,  and  the  city  of  Chicago,  and  said  railway  com 
panies,  or  any  of  them,  involving  the  question  of  the  validity  of  a cer- 
tain ordinance  of  said  city,  passed  March  18,  1878,  imposing  an  annual 
license  fee  of  fifty  dollars  upon  each  car  operated  and  run,  or  proposed 
to  be  operated  and  run,  by  any  person,  firm,  or  corporation  engaged 
in  the  occupation  of  operating  and  running  street  cars,  for  the  con- 
veyance of  passengers,  upon  any  line  of  horse  or  city  railway  within  the 
city  of  Chicago,  and  shall  also  pay  all  the  fees  of  the  solicitors  of  the 
city  of  Chicago  in  and  concerning  said  litigation. 

1 5.  Extension  of  terms  of  certain  ordinances  20  years.] 
§ 5.  In  consideration  of  the  acceptance  by  said  companies  of  this 
ordinance  and  the  several  covenants  and  undertakings  herein  men- 
tioned, on  behalf  of  the  several  city  railway  companies  mentioned  here- 
in, and  the  execution  of  the  said  bonds,  permission  and  authority  is 
hereby  given  to  the  several  railway  companies  herein  mentioned  re- 
spectively to  use  and  operate,  for  twenty  years  from  the  passage  here- 


992 


STREET  RAILWAYS. 


of,  the  several  railways  now  used  or  operated  by  said  companies,  or 
either  of  them,  or  now  authorized  to  be  used  and  operated  ; but  nothing 
in  this  section  contained,  or  the  acceptance  hereof,  shall  in  any  man- 
ner impair^  change  or  alter  the  existing  rights,  duties  and  obligations 
of  the  city  or  of  said  companies  respectively,  from  and  after  the  ex- 
piration of  the  said  term  of  years  hereinbefore  mentioned. 

IT  6.  When  in  force — bonds.]  § 6.  This  ordinance  shall  take 
effect  when  all  of  said  railway  companies  shall  accept  the  same  and 
execute  the  bonds  hereinbefore  mentioned,  and  file  , the  same  in  the 
office  of  the  city  comptroller. 

•Note:  See  following  amendatory  ordinance. 

§ 415.  Chicago  City  Railway  company,  The  North  Chicago 
City  Railway  company,  Chicago  West  Division  Rail- 
way company. 

*i\  r.  Amending  sections  4 and  5 of  foregoing  ordinance. 

Hi  2.  Section  4 as  amended. 

Hi  3.  Section  5 as  amended. 

Ht  4.  When  in  force. 

An  ordinance  amending  an  ordinance  relating  to  the  annual  license  fee  to  be 
paid  by  various  street  railway  companies  and  the  manner  of  computing  and 
arriving  at  the  amount  and  also  extending  the  time  for  the  operation  of  the 
several  lines  twenty  years,  passed  July  30,  1883.  (Passed  August  6.  1S83. 
Accepted  by  North  Chicago  City  Railway  company  August  8,  1883;  by  the 
Chicago  City  Railway  company  and  by  the  Chicago  West  Division  Railway 
company  August  10,  1883.) 

T 1.  Amending  sections  4 and  5 of  foregoing  ordinance.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  That  sec- 

tions four  and  five  of  an  ordinance  concerning  the  Chicago  City  Rail- 
way Company,  the  North  Chicago  City  Railway  Company,  and  the 
Chicago  West  Division  Railway  Company,  be  amended  so  as  to  read 
as  follows: 

T 2.  Section  4 as  amended.  ] § 4.  Said  railway  companies 
shall  each  respectively,  within  thirty  days  from  the  passage  hereof, 
pay  into  the  city  treasurey  a sum  of  money  equal  to  $25  per  car  per  an- 
num, for  each  car  used  by  said  companies,  respectively,  from  the  first 
day  of  April,  1878,  to  the  first  day  of  August,  1883,  to  be  computed 
and  verified  as  provided  in  section  1 of  this  ordinance,  and  such  pay- 
ment and  the  license  fee  herein  fixed  shall  be  in  lieu  of  all  other  license 
fees  to  be  paid  by  either  of  said  companies,  and  all  other  taxes  except- 
ing such  taxes  upon  the  property  of  said  companies  respectively  as 
are  or  may  be  authorized  by  general  law  of  the  legislature;  and  all 
provisions  of  ordinances  heretofore  passed  requiring  said  companies, 
or  either  of  them,  to  pay  license  fees,  are  hereby  repealed,  and  said 
railway  companies  and  all  other  persons  are  hereby  discharged  from  all 
liability  upon  any  bonds  given  to  said  city  in  any  proceeding  involving 
the  validity  of  said  ordinance;  Provided,  however,  that  the  said  rail- 
way companies  shall  pay  all  costs  incurred  in  all  suits  between  said 


§ 4i6] 


STREET  RAILWAYS. 


993 


railway  companies,  and  each  of  them,  and  the  city  of  Chicago,  or  be- 
tween the  owners  of  stock,  or  stockholders,  of  said  railway  compa- 
nies, and  each  of  them,  and  the  city  of  Chicago,  and  said  railway  com- 
panies, or  any  of  them,  involving  the  question  of  the  validity  of  a cer- 
tain ordinance  of  said  city,  passed  March  18,  1878,  imposing  an  an- 
nual license  fee  of  fifty  (50)  dollars  upon  each  car  operated  and  run, 
or  proposed  to  be  operated  and  run,  by  any  person,  firm  or  corpora- 
tion engaged  in  the  occupation  of  operating  and  running  street  cars 
for  the  conveyance  of  passengers,  upon  any  line  of  horse  or  city  rail- 
way within  the  city  of  Chicago,  and  shall  also  pay  all  the  fees  of  the 
solicitors  of  Ihe  city  of  Chicago  in  and  concerning  said  litigation. 

T 3.  Section  5 as  amended.  ] § 5.  In  consideration  of  the 
acceptance  by  said  companies  of  this  ordinance  and  the  several  cove- 
nants and  undertakings  herein  mentioned,  on  behalf  of  the  several  city 
railway  companies  mentioned  herein,  and  the  execution  of  the  said 
bonds,  the  times  named  for  the  operation  of  the  railways  now  used  or 
operated  by  either  of  said  railway  companies  in  the  ordinances  hereto- 
fore passed,  granting  permission  and  authority  to  construct,  maintain 
and  operate  street  railways  in  the  streets  of  said  city,  are 
hereby  extended  twenty  years  from  the  passage  hereof,  but 
nothing  in  this  section  contained,  or  the  acceptance  hereof,  shall  in  any 
manner  impair,  change  or  alter  the  existing  rights,  duties  and  ob- 
ligations of  the  city,  or  of  said  companies  respectively,  from  and  after 
the  expiration  of  the  said  term  of  years  hereinbefore  mentioned. 

% 4.  When  in  force — bonds.]  § 6.  This  ordinance  shall  take 
effect  when  all  of  said  railway  companies  shall  accept  the  same  and 
execute  the  bonds  hereinbefore  mentioned  and  file  the  same  in  the 
office  of  the  city  comptroller. 

§ 416.  Chicago  City  Railway  company,  Chicago  West  Division 
Railway  company  and  the  North  Chicago  City  Rail- 
way company. 

If  1.  Street  repairs — stone  may  be  used. 

An  ordinance  authorizing  horse  railway  companies  to  use  stone  in  keeping  in 

repair  their  tracks.  (Passed  April  22,  1881.) 

1 1.  Street  repairs— stone  may  be  used,  when.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the  Chi- 

cago City  Railway  Company,  the  Chicago  West  Division  Railway 
Company  and  the  North  Chicago  City  Railway  Company  may  use 
stone  in  keeping  in  repair  the  number  of  feet  which  the  said  compa- 
nies are  required  to  keep  in  repair  along  the  lines  of  said  railways;  but 
the  kind  of  stone  to  be  used  shall  be  such  as  may  be  approved  by  the 
commissioner  of  public  works,  or  other  proper  officer  or  department 
of  the  city,  and  the  work  shall  be  done  under  the  supervision  of  and  in 
the  manner  directed  by  said  commissioner  or  other  proper  officer  or 

63 


994 


STREET  RAILWAYS. 


[§  417 


department;  Provided,  that  Indiana  avenue  and  Eighteenth  street 
east  of  Wabash  avenue  are  excepted  from  the  provisions  of  this  ordi- 
nance. 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 

(Successor  to  John  B.  Lyon.) 

§ 417.  Calumet  Electric  Street  Railway  company. 

IT  1.  Grant — electric  power. 

2.  Route. 

if  3-  Time  for  completion. 

i[  4.  Conform  to  grades. 

if  5.  Style  of  rails— track,  how  constructed. 

if  6.  Overhead  contact  system — power  of  council. 

if  7.  Feeder  wires. 

if  8.  Passenger  traffic — vehicles  on  tracks. 

if  9.  Rate  of  fare. 

if  10.  Term  of  grant. 

if  11.  Restoration  of  streets. 

iT  12.  Improvement  and  repair  of  streets. 

if  13.  Reservation  of  rights. 

if  14.  Running  time — subject  to  ordinances. 

if  15.  Indemnity  clause. 

if  16.  Indemnity  bond. 

if  17.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  John  B.  Lyon  to  lay  down,  maintain  and 
operate  a street  railway,  in  South  Chicago.  (Passed,  approved  and  filed 
July  2,  1889.) 

IT  1.  Grant — electric  power.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  per- 

mission and  authority  be  and  the  same  is  hereby  given  and  granted 
to  John  B.  Lyon,  his  successors  and  assigns,  to  construct,  maintain 
and  operate  a railroad  with  one  or  more  tracks,  not  exceeding  two,  to 
be  operated  by  electricity  with  such  tracks  for  turn-tables,  turn-outs, 
sidetracks  and  switches  as  said  company  may  deem  necessary,  along 
and  upon  certain  streets  or  parts  of  streets  in  the  corporate  limits  of 
the  village  of  Hyde  Park,  hereinafter  particularly  mentioned,  and  to 
operate  said  railway  in  the  manner,  for  the  time,  and  upon  the  condi- 
tions hereinafter  prescribed,  but  not  more  than  sixteen  feet,  as  near 
the  center  as  may  be,  of  any  street  shall  be  so  occupied  without  the 
consent  of  said  village  or  its  successors. 

If  2.  Route.]  § 2.  That  said  John  B.  Lyon,  or  his  successors 
or  assigns  is  hereby  authorized  to  lay  the  tracks  with  all  necessary 
turntables,  turnouts,  side  tracks  and  switches  as  provided  in  the  first 
section  of  this  ordinance  along  and  upon  the  following  streets  in  said 
village  of  Hyde  Park.  Beginning  at  the  intersection  of  Strand  and 


§ 417] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


995 


Eighty-ninth  streets;  thence  west  in  Eighty-ninth  street  to  Mackinaw 
avenue,  south  in  Mackinaw  avenue  to  Harbor  avenue;  thence  south- 
west on  Harbor  avenue  to  Ninety-third  street;  thence  west  on  Ninety- 
third  street  to  South  Chicago  avenue  ; thence  northwest  on  South 
Chicago  avenue  to  Ninety-third  street;  then  southwest  on  Ninety-third 
street  to  Escanaba  avenue;  thence  west  on  Ninety-third  street  to 
Stony  Island  avenue;  thence  north  on  Stony  Island  avenue  to  Ninety - 
first  street;  thence  west  on  Ninety-first  street  to  Cottage  Grove  ave- 
nue; thence  north  on  Cottage  Grove  avenue  to  Eighty-seventh  street. 

And  when  the  said  road  shall  reach  Stony  Island  avenue  as  above 
set  forth;  thence  north  on  Stony  Island  avenue  to  Eighty-seventh 
street;  thence  west  on  Eighty-seventh  street  to  Cottage  Grove  avenue. 

If  3.  Time  of  completion.]  § 3.  One  of  the  tracks  authorized 
to  be  constructed  by  this  ordinance  shall  be  completed  upon  all  of 
the  above  streets  and  such  railroad  upon  such  track  shall  be  in-  opera- 
tion upon  all  of  said  streets  within  one  year  from  the  date  of  the 
passage  of  this  ordinance;  Provided,  that  all  the  rights  and  privileges 
herein  granted  shall  at  the  expiration  of  one  year  after  the  passage  of 
this  ordinance  revert  to  and  rest  absolutely  in  the  village  of  Hyde 
Park,  or  its  successors,  as  to  all  streets  and  parts  of  streets,  herein- 
before mentioned,  which  at  said  time  shall  be  unoccupied  by  said  rail- 
way track  in  full  operation.  The  said  John  B.  Lyon  and  his  successors 
or  assigns,  shall  have  the  right  and  privilege  of  laying  and  operating 
the  second  track  authorized  in  the  first  section  hereof  whenever  he  or 
they  shall  deem  it  expedient  and  public  travel  requires  it;  Provided, 
further,  that  if  the  said  John  B.  Lyon,  his  successors  or  assigns,  shall 
be  restrained  or  prevented  from  proceeding  with  the  work  upon  said 
railway  track  by  the  order  or  authority  of  any  court  of  competent  juris- 
diction the  time  during  which  he,  or  they  may  be  so  delayed,  shall  be 
added  to  the  time  herein  prescribed  for  the  completion  of  said  rail- 
way track.  The  village  of  Hyde  Park,  or  its  successors  shall,  how- 
ever, have  the  right  to  intervene  in  any  suit  for  an  injunction  to  re- 
strain said  party  or  parties  as  aforesaid  and  move  for  the  dissolution 
of  the  injunction  in  case  such  suit  shall  be  deemed  collusive,  or  for 
the  purpose  of  delay,  or  of  extending  the  time  for  the  completion  of 
said  track. 

Tf  4.  Conform  to  grades.]  § 4.  The  said  John  B.  Lyon,  his 
successors  or  assigns,  in  the  construction  of  said  railway  shall  conform 
to  all  grades  in  the  streets  to  be  so  traversed  by  said  railway  as  they 
now  exist,  or  which  may  be  hereafter  adopted  by  the  village  of  Hyde 
Park. 

1 5.  Style  of  rails;  tracks — how  constructed.]  § 5.  The 

tracks  of  said  railway  shall  be  constructed  of  side  bearing  or  what  may 
be  termed  flat  rails,  not  to  be  elevated  above  the  surface  of  the  street, 
and  shall  be  of  the  standard  gauge  of  four  feet  eight  and  one-half  inches 
and  said  railway  tracks,  turnouts,  sidetracks,  switches  and  turn-tables 


996 


STREET  RAILWAYS. 


[§  417 


shall  be  so  laid  that  carriages  and  other  vehicles  can  easily  and  freely 
cross  said  track  or  tracks  at  any  and  all  point.  The  said  track  or 
tracks  shall  be  laid  under  the  supervision  of  the  superintendent  or  com- 
missioner of  public  works  of  the  village  of  Hyde  Park.  It  is  further 
provided  that  said  track  or  tracks  at  all  intersections  of  streets  shall 
be  planked  between  the  rails. 

If  6.  Overhead  contact  system — power  of  council.]  § 7. 

The  cars  upon  said  railway  shall  be  propelled  by  electrical  overhead 
contact  wires  suspended  from  poles,  set  within  the  curb  line  limit  of 
the  street  on  either  side  thereof  and  so  adjusted  as  not  to  obstruct  the 
public  use  of  the  street  or  sidewalks.  The  said  wires  shall  be  sus- 
pended not  less  than  eighteen  and  one-half  feet  above  the  rails  and 
the  said  poles  or  supports  shall  be  placed  on  an  average  of  not  less 
than  one  hundred  and  fifteen  feet  apart,  except  at  the  intersections  of 
streets  and  avenues,  when  the  said  distance  will  place  the  poles  or 
supports  on  intersecting  streets  and  avenues.  And  iri  the  event  that 
some  more  favorable  and  unobjectionable  method  of  furnishing  electri- 
city for  the  operation  of  said  road  be  discovered,  said  John  B.  Lyon, 
his  successors  or  assigns,  shall  have  the  right  and  may  be  required  to 
adopt  the  same  in  the  place  of  or  in  connection  with  the  use  of  said 
electrical  overhead  contact  wires. 

Tf  7.  Feeder  wires.]  § 8.  Said  John  B.  Lyon,  his  successors 
and  assigns,  shall  operate  said  railway  by  electric  motor  power,  ex- 
cept in  case  of  accident  to  machinery,  making  it  necessary  that  said 
cars  may  be  propelled  by  animal  power,  for  a period  not  exceeding 
thirty  days,  for  any  one  accident,  and  to  enable  the  said  road  to  be 
operated,  the  said  John  B.  Lyon,  his  successors  or  assigns,  shall  have 
the  right  to  connect  the  wires  herein  authorized  with  the  generator 
or  power  station  or  stations,  or  car  houses  that  may  be  erected  along 
the  line  of  said  railway. 

T 8.  Passenger  traffic — vehicles  on  tracks.]  § 9.  The  cars 

or  carriages  to  be  used  on  such  railway  shall  be  used  for  no  other 
purpose  than  to  carry  passengers  and  their  ordinary  baggage,  and  the 
public  mails.  And  the  said  cars  shall  be  entitled  to  the  track  and  in 
all  cases  when  any  train  or  vehicle  shall  meet  or  be  overtaken  by  a 
car  upon  said  railway  such  team  or  vehicle  shall  give  way  to  said  car. 

IT  9.  Rate  of  fare.]  § 10.  The  rates  of  fare  for  any  continu- 
ous and  regular  trip  from  one  point  to  another  on  the  line  of  said 
railway  shall  not  exceed  five  (5)  cents  and  commutation  tickets  shall 
be  issued  and  the  charge  for  the  same  shall  not  exceed  one  dollar  for 
twenty-five  rides. 

Tf  10.  Term  of  grant.]  § 11.  The  rights  and  privileges  here- 
by granted  the  said  John  B.  Lyon,  his  successors  or  assigns,  shall  con- 
tinue for  a period  of  twenty  (20)  years  from  and  after  the  time  this 
ordinance  shall  take  effect. 


§ 417]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY.  997 

1 11.  Restoration  of  streets.]  § 12.  The  said  John  B.  Lyon, 
his  successors  or  assigns,  shall  do  no  permanent  injury  to  any  street, 
sidewalk,  alley  or  avenue,  nor  interfere  with  any  water  pipe,  sewer  or 
gas  pipe,  now  or  hereafter  laid  by  said  village  of  Hyde  Park,  but  in 
the  construction  of  the  said  railway,  shall  restore  the  streets,  pave- 
ments, sidewalks  or  ground,  or  water  pipe,  sewer  or  gas  pipe,  to  a 
condition  equally  as  good  as  before  the  laying  of  said  railway  at  the  ex- 
pense of  the  said  John  B.  Lyon,  his  successors  and  assigns,  and  if  he 
or  his  successors  or  assigns,  as  the  case  may  be,  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  the  village  of  Hyde  Park  and  he  or  they, 
as  the  case  may  be,  shall  be  liable  for  the  cost  thereof. 

If  12.  Improvement  and  repair  of  streets.]  § 13.  That  said 
John  B.  Lyon,  his  successors  and  assigns,  as  respects  the  grading, 
paving,  macadamizing,  planking  and  repairing  or  using  of  the  afore- 
said streets  and  avenues,  shall  at  his  own  cost  and  expense  keep  six- 
teen feet  in  good  repair  and  condition  during  all  the  time  to  which 
the  privilege  hereby  granted  shall  extend,  in  accordance  with  the 
orders  or  regulations  of  the  board  of  trustees  of  said  village.  And 
when  any  new  improvement  of  any  character  shall  be  ordered  by  the 
board  of  trustees,  said  John  B.  Lyon,  or  his  successors  and  assigns, 
at  his  own  cost  and  expense,  shall,  in  t*he  manner  required  by  the  vil- 
lage authorities  make  such  improvement  for  the  width  of  sixteen  feet, 
said  sixteen  feet  to  include  the  said  tracks,  as  laid  in  said  streets  and 
avenues.  And  if  the  said  John  B.  Lyon,  his  successors  or  assigns^ 
shall  neglect  or  fail  to  make  any  repairs  or  improvements  as  afore- 
said, for  the  space  of  twenty  days  after  notice  so  to  do  from  the  su- 
perintendent of  public  works,  or  other  proper  officer  of  said  village, 
to  any  officer,  agent,  or  employee  of  said  John  B.  Lyon,  or  his  suc- 
cessors or  assigns,  then  and  in  such  case  t'he  village  may  at  its  option 
do  the  same  at  the  cost  and  expense  of  said  company. 

1 13.  Reservation  of  rights.]  § 14.  Nothing  herein  con- 
tained shall  impair  or  abridge  the  right  of  the  village  to  dig  up  or  open 
said  street  and  avenue  or  any  portion  therof,  and  to  temporarily  re- 
move said  tracks  and  road  bed  for  the  purpose  of  laying  sewers  or  wa- 
ter pipes,  or  making  any  similar  improvements,  or  of  repairing  the 
same. 

1 14.  Running  time — subject  to  ordinances.]  § 15.  This 
ordinance  is  granted  upon  the  express  condition  that  trains  shall  be 
run  upon  each  track  constructed  by  said  John  B.  Lyon,  his  successors 
and  assigns,  at  least  once  per  hour,  between  the  hours  of  six  (6)  a.  m. 
and  twelve  (12)  p.  m.,  except  when  delay  is  caused  through  unavoidable 
accident,  breakage  of  machinery  or  other  cause  beyond  the  control 
of  said  John  B.  Lyon,  his  successors  and  assigns,  and  the  speed  of  all 
trains  to  be  operated  by  virtue  of  this  ordinance  shall  be  subject  to 
control  by  the  ordinances  of  the  village  of  Hyde  Park,  and  its  success- 
ors regulating  the  speed  of  electric  and  cable  railways. 


998 


STREET  RAILWAYS. 


IT  15.  Indemnity  clause.]  § 16.  The  said  John  B.  Lyon,  his 
successors  and  assigns,  shall  defend  and  save  harmless  the  village  of 
Hyde  Park  of  and  from  any  and  all  damages,  judgments,  decrees,  and 
costs,  connected  therewith  which  may  be  rendered  against  said  village 
by  reason  of  the  granting  of  the  rights  and  privileges  herein  contained 
or  which  may  in  any  way  accrue  or  arise,  or  grow  out  of  the  exercise 
by  the  said  John  B.  Lyon,  or  his  successors  or  assigns,  of  the  rights 
and  privileges  hereby  granted. 

1 16.  Indemnity  bond.]  § 17.  The  said  John  B.  Lyon,  his 
successors  or  assigns,  shall  within  thirty  (30)  days  from  the  passage  of 
this  ordinance  execute  a bond  to  the  said  village  of  Hyde  Park  in  the 
penal  sum  of  fifty  thousand  dollars  with  satisfactory  sureties  condi- 
tioned to  indemnify  and  save  harmless  the  village  of  Hyde  Park  of 
and  from  all  damages  which  may  accrue  or  arise  or  grow  out  of  the 
exercise  by  John  B.  Lyon,  his  successors  or  assigns,  of  the  privileges 
hereby  granted;  said  bond  to  be  subject  to  the  approval  of  the  board 
of  trustees  of  said  village  of  Hyde  Park. 

T 17.  When  in  force— acceptance.]  § 18.  This  ordinance 
shall  take  effect  when  the  said  John  B.  Lyon,  his  successors  or  assigns, 
shall  file  the  bond  herein  required  and  accept  in  writing  the  terms  and 
conditions  of  this  ordinance,  and  said  bond  shall  be  approved;  Pro- 
vided, that  if  the  said  John  B.  Lyon,  his  successors  or  assigns,  shall 
not  file  an  acceptance  in  writing  of  this  ordinance  and  the  bond  herein 
required  within  thirty  days  (30)  from  the  passage  hereof,  then  this  ordi- 
nance shall  be  of  no  force  and  effect  and  all  rights  herein  granted  shall 
absolutely  cease  and  determine. 

Note:  See  following  resolution. 

§ 418.  Hyde  Park,  Railway  in. 

Preamble. 

TT  1.  Time  for  completion  extended — change  of  system — street  repairs. 

A resolution  adopted  by  the  city  council  of  the  city  of  Chicago  extending  the 
terms  of  an  ordinance  passed  by  the  board  of  trustees  of  the  village  of  Hyde 
Park  July  2,  1889,  granting  permission  to  John  B.  Lyon  to  lay  down,  main- 
tain and  operate  a street  railway.  (Passed  July  25,  1890.) 

Preamble.]  Whereas,  on  the  second  day  of  July,  1889,  an  ordi- 
nance was  granted  by  the  president  and  board  of  trustees  of  the  village 
of  Hyde  Park  to  John  B.  Lyon,  his  successors  and  assigns,  to  con- 
struct and  operate  an  electric  railroad  upon  certain  streets  particularly 
mentioned  in  said  ordinance;  and,  whereas,  the  provisions  of  said 
ordinance  require  the  said  electric  railroad  to  be  completed  within 
one  year  from  the  date  of  the  ordinance;  and,  whereas,  the  accom- 
modation of  the  public  requires  the  building  of  said  electric  railroad; 
be  it. 

T 1.  Time  for  completion  extended— change  of  system- 
street  repairs.]  Resolved,  that  the  terms  specified  in  said  ordinance 


419]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


999 


be  and  the  same  is  hereby  extended  as  follows:  That  portion  of  said 
railroad  from  the  intersection  of  Eighty-ninth  and  Strand  streets  to 
Stony  Island  avenue  shall  be  completed  and  in  operation  within  ninety 
days  from  the  date  of  the  passage  hereof,  and  the  remaining  portion 
of  said  railroad  so  authorized  by  said  ordinance  shall  be  completed  and 
in  operation  within  one  year  from  the  date  of  the  passage  hereof,  other- 
wise the  said  rights  and  privileges  shall  cease  and  be  null  and  void 
and  of  no  effect.  If  any  other  electric  system  for  operating  said  road 
shall  be  demonstrated  to  be  more  practicable  and  feasible  than  the  sys- 
tem specified  in  said  ordinance,  then,  upon  the  written  notice  of  the 
commissioner  of  public  works  of  the  city  of  Chicago,  the  said  John  B. 
Lyon,  his  successors  and  assigns,  shall  operate  the  said  railroad  with 
the  electric  system  designated  by  the  said  commissioner  of  public 
works;  Provided,  that,  if  the  said  John  B.  Lyon,  his  successors  or  as- 
signs, shall  be  restrained  from  proceeding  with  the  work  upon  said 
electric  railroad  by  the  order  or  writ  of  any  court  of  competent  juris- 
diction, the  time  during  which  the  said  company  is  delayed  thereby 
shall  be  excluded  from  the  time  prescribed  herein  for  the  completion 
of  said  tracks.  The  extension  herein  provided  is  granted  upon  the  ex- 
press condition  and  understanding  that  the  portions  of  all  streets/oc- 
cupied by  the  tracks,  switches  and  turntables  shall  be  paved  by  said 
Lyon,  or  his  assigns,  and  kept  in  repair  at  the  expense  of  said  Lyon  or 
his  assignee,  with  the  same  kind  of  material  and  in  as  thorough  and 
workmanlike  a manner  as  the  balance  of  said  street,  which  said  paving 
shall  be  done  under  the  supervision  and  to  the  satisfaction  of  the  com- 
missioner of  public  works,  or  some  proper  city  official,  and  that  said 
tracks,  turnouts  and  turntables  shall  be  laid  and  placed  in  position  be- 
fore the  said  streets  are  improved  as  aforesaid. 

§ 419.  Washington  Heights,  Railway  in. 

Tf  1.  Grant — power, 
if  2.  Route. 

if  3.  Time  for  completion. 

if  4.  Conform  to  grades. 

if  5.  Style  of  rails— tracks,  how  laid — paving. 

if  6.  Overhead  contact  wires. 

if  7.  Feeder  wires. 

Tf  8.  Passenger  traffic — vehicles  on  tracks. 

if  9.  Rate  of  fare. 

if  10.  Grant  twenty  years. 

if  11.  Restoration  of  streets. 

if  12.  Reservation  of  rights — running  time. 

If  13.  Indemnity  clause, 
if  14.  Acceptance, 
if  1 5.  Policemen  and  firemen, 
if  16.  Indemnity  bond. 

An  ordinance  granting  permission  to  the  Calumet  Electric  Street  Railway  com- 
pany to  lay  down,  maintain  and  operate  a street  railway  in  the  village  of 
Washington  Heights.  (Passed  and  approved  November  17,  1890.  Accepted 
November  20,  1890.) 


1000 


STREET  RAILWAYS. 


[§  419 


If  1.  Grant — power,]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Washington  Heights,  county  of  Cook  and 
state  of  Illinois:  § 1.  That  permission  and  authority  be,  and  the 

same  is  hereby  granted  to  the  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  and  assigns,  to  construct,  maintain  and  operate  a 
railroad  with  one  or  more  tracks,  not  exceeding  two,  to  be  operated 
by  electricity,  cable  or  other  satisfactory  power,  except  horse  power 
and  steam,  with  such  tracks  for  turntables,  turnouts,  sidetracks  and 
switches,  as  said  company  may  deem  necessary,  along  or  upon  certain 
streets  or  parts  of  streets  in  the  corporate  limits  of  the  village  of  Wash- 
ington Heights,  hereinafter  particularly  mentioned,  and  to  operate 
said  railway  in  the  manner,  for  the  time  and  upon  the  conditions  here- 
inafter prescribed;  but  not  more  than  sixteen  feet  as  near  the  center  as 
may  be  of  any  street  shall  be  so  occupied  without  the  consent  of  said 
village  or  its  successors. 

IT  2.  Route.]  § 2.  That  the  said  Calumet  Electric  Street  Rail- 
way Company,  or  its  successors  or  assign's,  is  hereby  authorized  to  lay 
the  tracks  with  all  necessary  turn-tables,  turn-outs,  sidetracks  and 
switches  as  provided  in  the  first  section  of  this  ordinance  along  and 
upon  the  following  streets  in  said  village  of  Washington  Heights. 
Commencing  at  intersection  of  Charles  street  and  95th  street,  thence 
running  southeasterly  on  said  Charles  street  to  Elm  street,  but  not 
upon,  along  or  across  Vincennes  avenue,  thence  west  on  Elm  street  to 
Wood  street,  or  Center  street,  thence  south  on  Wood  street  to  village 
limits. 

1 3.  Time  for  completion.]  § 3.  One  of  the  tracks  author- 
ized to  be  constructed  by  this  ordinance  shall  be  completed  upon  all 
the  above  streets  and  such  railroad  upon  such  track  shall  be  in  opera- 
tion upon  all  of  said  streets  within  twelve  months  from  the  date  of  the 
passage  of  this  ordinance;  Provided,  that  all  the  rights  and  privileges 
herein  granted  shall  at  the  expiration  of  twelve  months  after  the  pas- 
sage of  this  ordinance  revert  to  and  vest  absolutely  in  the  village  of 
Washington  Heights  or  its  successors,  as  to  all  streets  and  parts  of 
streets  hereinbefore  mentioned,  which  at  the  said  time  shall  be  unoc- 
cupied by  said  railway  track  in  full  operation.  The  said  Calumet  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  shall  have  the 
right  and  privilege  of  laying  and  operating  the  second  track  author- 
ized in  the  first  section  hereof  whenever  it  or  its  successors  shall  deem 
it  expedient  and  public  travel  requires  it.  Provided,  further,  that  if 
the  said  Calumet  Electric  Street  Railway  Company,  its  successors  or 
assigns,  shall  be  restrained  or  prevented  from  proceeding  with  the  work 
upon  said  railway  track  by  order  or  authority  of  any  court  of  com- 
petent jurisdiction,  the  time  during  which  it  or  they  may  be  so  de- 
layed shall  be  added  to  the  time  herein  prescribed  for  the  completion  of 
said  railway  track.  The  village  of  Washington  Heights,  or  its  suc- 
cessors, shall,  however,  have  the  right  to  intervene  in  any  suit  for  an 


§ 419]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY.  1001 

injunction  to  restrain  said  party  or  parties  as  aforesaid,  and  move  for 
the  dissolution  of  the  injunction  in  case  such  suit  shall  be  deemed  col- 
lusive, or  for  the  purpose  of  delay,  or  of  extending  the  time  for  the 
completion  of  said  track. 

T 4.  Conform  to  grades.]  § 4.  The  said  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  in  the  construction 
of  said  railway  shall  conform  to  all  grades  in  the  streets  so  traversed  by 
said  railway,  as  they  now  exist  or  which  may  'hereafter  be  adopted  by 
the  village  of  Washington  Heights,  or  its  successors. 

1 5.  Style  of  rails,  tracks — how  laid— paving.]  § 5.  The 

tracks  of  said  railway  shall  be  constructed  of  side  bearing,  or  what 
may  be  termed  flat  rails,  not  to  be  elevated  above  the  surface  of  the 
streets,  and  shall  be  of  the  standard  gauge  of  four  feet,  eight  and  one- 
half  inches,  and  said  railway  tracks,  turn-outs,  sidetracks,  switches  and 
turn-tables,  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  said  track  or  tracks  at  any  and  all  points.  The  said 
track  or  tracks  shall  be  laid  under  the  supervision  of  department  of 
public  works  of  the  village  of  Washington  Heights,  or  its  successors. 
It  is  further  provided  that  the  streets  shall  be  paved  or  macadamized 
not  less  than  eight  inches  in  thickness  between  the  rails  and  eighteen 
(18)  inches  on  either  side,  outside  said  rails,  and  said  pavement  or  mac- 
adam to  be  kept  in  perfect  condition  by  said  railway  company,  at  its 
expense. 

1 6.  Overhead  contact  wires.]  § 6.  The  cars  upon  said  rail- 
way shall  be  propelled  by  electric  overhead  contact  wires,  suspended 
from  poles,  set  within  the  curb  line  limit  of  the  street  on  either  side 
thereof,  and  so  adjusted  as  not  to  obstruct  the  public  use  of  the  streets 
and  sidewalks.  The  said  wires  shall  be  suspended  no  less  than  eigh- 
teen and  one-half  feet  above  the  rails  and  said  poles  or  supports  shall ' 
be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen  feet 
apart,  except  at  the  intersection  of  streets  and  avenues,  when  the  said 
distance  will  place  the  poles  or  supports  on  intersecting  streets  and 
avenues.  And  in  the  event  that  some  more  favorable  and  unobjection- 
able method  for  furnishing  electricity  or  other  satisfactory  motor  pow- 
er for  the  operation  of  said  road  be  discovered,  said  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  have  the 
right  to  adopt  the  same  in  place  of  or  in  connection  with  the  use  of  said 
electrical  overhead  contact  wires. 

7.  Feeder  Wires.]  § 7.  Said  Calumet  Electric  Street  Rail- 
way Company,  its  successors  or  assigns,  shall  operate  said  railway  by 
electric  motor  power  or  other  satisfactory  power,  except  horse  power 
or  steam,  except  in  case  of  accident  to  machinery,  making  it  neces- 
sary that  said  cars  may  be  propelled  by  animal  power  for  a period  not 
exceeding  thirty  days  for  any  one  accident,  and  to  enable  the  railroad 
to  be  operated,  the  said  Calumet  Electric  Street  Railway  Company,  its 
successors  or  assigns,  shall  have  the  right  to  connect  the  wires  or  other 


1002 


STREET  RAILWAYS. 


[§  419 


motor  power  herein  authorized  with  the  generator  or  power  station  or 
any  station  or  car  houses  that  may  be  erected  along  the  line  of  said 
railway. 

IT  8.  Passenger  traffic — vehicles  on  tracks.]  § 8.  The  cars 

or  carriages  to  be  used  on  said  railway  shall  be  used  for  no  other  pur- 
pose than  to  carry  passengers  and  their  ordinary  baggage,  and  the 
public  mails,  and  the  said  cars  shall  be  entitled  to  the  track,  and  in  all 
cases  when  any  team  or  vehicle  shall  meet  or  be  overtaken  by  a car 
upon  said  railway  track,  such  team  or  vehicle  shall  give  way  to  said 
car. 

IT  9.  Rate  of  fare.]  § 9.  The  rate  of  fare  for  any  continuous 
and  regular  trip  from  one  point  to  another  over  all  the  lines  of  said 
railway,  or  its  successors  or  assigns,  now  existing  or  hereinafter  ac- 
quired, and  over  the  streets  heretofore  named,  shall  not  exceed  five 
cents. 

Tf  10.  Grant  20  years  ] § 10.  The  rights  and  privileges  here- 
by granted  to  the  said  Calumet  Electric  Street  Railway  Company,  its 
successors  and  assigns,  shall  continue  for  a period  of  twenty  years 
from  and  after  the  time  this  ordinance  shall  take  effect. 

T 11.  Restoration  of  streets.]  § 11.  The  said  Calumet  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  shall  do  no 
permanent  injury  to  any  street,  sidewalk,  alley  or  avenue,  nor  inter- 
fere with  any  water  pipe,  sewer,  or  gas  pipe,  now  or  hereafter  lajd  by 
said  village  of  Washington  Heights,  or  its  successors,  but  in  the  con- 
struction of  said  railway,  shall  restore  the  streets,  pavement,  sidewalk 
or  ground,  or  water  pipe,  to  a condition  equally  as  good  as  before  the 
laying  of  said  railway  at  the  expense  of  the  said  Calumet  Electric  Street 
Railway  Company,  its  successors  or  assigns,  and  if  it,  or  its  successors 
or  assigns,  as  the  case  may  be,  shall  fail  or  refuse  so  to  do,  the  same 
may  be  done  by  the  village  of  Washington  Heights,  or  its  successors, 
and  it  or  they,  as  the  case  may  be,  shall  be  liable  for  the  cost  thereof. 

T 12.  Reservation  of  rights— running  time.]  § 12.  Nothing 

herein  contained  shall  impair  or  abridge  the  right  of  the  village,  or  its 
successors,  to  dig  'ip  or  open  said  streets  or  avenue  or  any  portion 
thereof,  and  to  temporarily  remove  said  tracks  and  road  beds  for  the 
purpose  of  laying  sewers  or  water  pipes,  or  gas  pipes,  or  making  any 
similar  improvements,  or  of  repairing  the  same.  This  ordinance  is 
granted  upon  the  express  condition  that  trains  shall  be  run  upon  each 
track  constructed  by  the  said  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  at  least  once  per  hour  between  the 
hours  of  6 a.  m.  and  11  p.  m.,  except  when  delay  is  caused  through  un- 
avoidable accident,  breakage  of  machinery  or  other  cause  beyond  the 
control  of  the  said  Calumet  Electric  Street  Railway  Company,  its.  suc- 
cessors, or  assigns.  And  the  speed  of  all  trains  to  be  operated  by  vir- 
tue of  this  ordinance  shall  be  subject  to  control  by  ordinance  of  the 


1003 


§ 42o]  calumet  electric  street  railway  company. 

village  of  Washington  Heights,  and  its  successors,  regulating  the  speed 
of  electric  and  cable  railways. 

1”  13.  Indemnity  clause.]  § 13.  The  said  Calumet  Electric 
Street  Railway,  its  successors  or  assigns,  shall  defend  and  save  harm- 
less the  village  of  Washington  Heights,  or  its  successors,  of  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  therewith,  which 
may  be  rendered  against  said  village,  or  its  sueessors,  by  reason  of  the 
granting  of  the  rights  and  privileges  herein  contained,  or  which  may 
in  any  way,  accrue  or  arise  or  grow  out  of  the  exercise  by  the  said 
Calumet  Electric  Street  Railway  Company,  or  its  successors  or  as- 
signs, of  the  rights  and  privileges  hereby  granted. 

T 14.  Acceptance.]  § 14.  This  ordinance  shall  take  effect  when 
the  said  Calumet  Electric  Street  Railway  Company,  its  successors  or 
assigns,  shall  accept  in  writing  the  terms  and  conditions  of  this  ordi- 
nance; provided,  that  if  the  said  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  shall  not  file  an  acceptance  in  writing 
of  this  ordinance  within  thirty  days  from  the  passage  hereof,  then  this 
ordinance  shall  be  of  no  force  and  effect,  and  all  the  rights  herein 
granted  shall  absolutely  cease  and  determine. 

If  15.  Policemen  and  firemen.]  § 15.  That  said  company 
shall  transport  and  carry  on  its  cars  all  policemen  and  firemen  in  the 
employ  and  service  of  said  village,  or  its  successors,  free  of  charge. 

If  16.  Indemnity  bond.]  § 16.  Said  railway  company,  its  suc- 
cessors or  assigns,  shall,  before  commencing  the  construction  of  its 
road,  give  a good  and  sufficient  bond,  with  sufficient  security,  to  be 
approved  by  the  president  and  board  of  trustees  of  the  said  village, 
or  its  successors,  to  indemnify  said  village  and  its  successors  against 
any  and  all  loss  which  it  may  sustain,  while  said  road  or  any  part  there- 
of is  being  constructed,  or  which  third  persons  may  sustain  during 
that  time,  by  which  they  could  have  any  action  against  said  village  or 
its  successors,  through  the  negligence  of  said  railway  company,  its  suc- 
cessors or  assigns,  which  bond  shall  be  in  the  penal  sum  of  ten  thou- 
sand (10,000)  dollars. 

§ 420.  Calumet  Electric  Street  Railway  company. 

1.  Grant — power. 

2.  Route. 

T1  3.  Time  of  completion. 

IF  4-  Conform  to  grades. 

*ir  5*  Style  of  rails — track,  how  constructed. 

■ff  6.  Overhead  wires — adoption  of  other  systems. 

7-  Feeder  wires. 

^F  8.  Passenger  tiaffic — obstruction  of  vehicles. 

•fT  9.  Rate  of  fare. 

If  10.  Grant  twenty  years. 

•ff  11.  Restoration  of  streets. 

If  12.  Improvement  and  repair  of  streets. 

IF  13.  Reservation  of  rights. 


1004 


STREET  RAILWAYS. 


[§  420 

•[[  14,  Running  time — speed. 

IT  15.  Indemnity  clause. 

IT  16.  Acceptance. 

If  17.  License. 

*j[  18.  Bond. 

If  19.  When  in  force. 

An  ordinance  granting  permission  to  the  Calumet  Electric  Street  Railway  com- 
pany to  operate  an  electric  street  railway  in  the  city  of  Chicago.  (Passed 
January  18,  1892.  Accepted  February  1,  1892.) 

If  1.  Grant — power.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be,  and  the 

same  is  hereby  given  and  granted  to  the  Calumet  Electric  Street  Rail- 
way Company,  its  successors  and  assigns,  to  construct  and  operate  a 
railroad  with  one  or  more  tracks,  not  exceeding  two,  to  be  operated  by 
electricity,  with  such  tracks  for  turn  tables,  turnouts,  side  tracks  and 
switches,  as  said  company  may  deem  necessary,  along  or  upon  certain 
streets  or  parts  of  streets  in  the  corporate  limits  in  the  city  of  Chicago 
hereinatfer  particularly  mentioned  and  to  operate  said  railway  in  the 
manner,  for  the  time,  and  upon  the  conditions  hereinafter  prescribed. 

IT  2.  Route.]  § 2.  That  said  Calumet  Electric  Street  Railway 
Company,  or  its  successors  or  assigns,  is  hereby  authorized  to  lay  the 
tracks  with  all  necessary  turn  tables,  turnouts  and  side  tracks  and 
switches  as  provided  in  the  first  section  of  this  ordinance  along  and 
upon  the  following  streets  in  the  city  of  Chicago. 

Beginning  at  the  intersection  of  South  Chicago  avenue  and  Sev- 
enty-fifth street,  thence  southeasterly  along  South  Chicago  avenue  to 
Ninety-fifth  street,  thence  east  along  Ninety-fifth  street  to  Avenue 
“K.” 

Also  commencing  at  the  intersection  of  Ninety-third  street  with 
Stony  Island  avenue,  thence  west  on  Ninety-third  street  to  its  inter- 
section with  Washington  avenue,  thence  south  on  Washington  avenue 
to  the  right  of  way  of  the  Chicago  and  Western  Indiana  Railroad  Com- 
pany; thence  westerly  along  and  across  the  alleys  in  block  ten  (10)  of 
the  Calumet  and  Chicago  Canal  and  Dock  Company  Subdivision  of 
that  part  of  the  southeast  quarter  (S.  E.  %.)  of  section  two,  (2)  town- 
ship 37  north,  range  14  east,  to  the  east  line  of  the  New  York,  Chicago 
and  St.  Louis  Railroad,  and  north  of  Chicago  and  Western  Indiana 
Railroad,  thence  on  private  property  to  west  line  of  New  York,  Chi- 
cago and  St.  Louis  Railway  Company’s  shop  grounds,  thence  north- 
westerly to  Ninety-third  street,  thence  west  on  Ninety-third  street  to 
Cottage  Grove  avenue,  thence  north  on  Cottage  Grove  avenue  to  Sev- 
enty-second street.  Also  south  on  Cottage  Grove  avenue  from  Ninety- 
third  to  Ninety-fifth  street  and  west  on  Ninety-fifth  street  from  Cot- 
tage Grove  avenue  to  South  Park  avenue,  extended.  Also  commenc- 
ing at  the  corner  of  Ninety-third  street  and  Cottage  Grove  avenue, 
thence  west  on  Ninety-third  street  to  South  Park  avenue,  extended. 
Thence  southerly  on  property  of  the  Calumet  and  Chicago  Canal  and 


§ 420]  calumet  electric  street  railway  company.  1005 

Dock  Company  to  Ninety-fifth  street,  thence  west  on  Ninety-fifth 
street  to  State  street  and  also  commencing  at  the  inter- 
section of  Ninety-fifth  street  and  Michigan  avenue,  thence  south  on 
Michigan  avenue  to  Kensington  avenue,  thence  east  on  Kensington 
avenue  to  Howard  street,  thence  north  on  Howard  street  to  One  Hun- 
dred and  Fifteenth  street,  thence  west  on  One  Hundred  and  Fifteenth 
street  to  Michigan  avenue.  Also  commencing  at  the  intersection  of 
Ninety-third  street  and  Stony  Island  avenue,  south  on  Stony  Island 
avenue  to  One  Hundred  and  Third  street.  Also  commencing  at  the 
intersection  of  South  Chicago  avenue  with  Madison  avenue,  thence 
north  on  Madison  avenue  to  Sixty-seventh  street,  thence  east  on  Sixty- 
seventh  street  to  Stony  Island  avenue.  Also  from  Cottage  Grove 
avenue  across  lot  forty-one  (41)  in  block  nine  (9)  Cornell,  to  an  alley 
south  of  and  parallel  to  the  right  of  way  of  the  Pittsburg,  Ft.  Wayne 
and  Chicago  Railway  Company  in  said  block  nine  (9)  Cornell,  thence 
along  said  alley  to  lot  one  (1),  block  nine  (9)  Cornell. 

Also  commencing  at  the  corner  of  Michigan  avenue  and  Kensing- 
ton avenue,  thence  south  on  Michigan  avenue  to  One  Hundred  and 
Nineteenth  street,  thence  west  on  One  Hundred  and  Nineteenth  street 
to  Wentworth  avenue,  thence  north  on  Wentworth  avenue  to  One 
Hundred  and  Sixteenth  street,  thence  east  on  One  Hundred  and  Six- 
teenth street  to  Michigan  avenue. 

T 3.  Time  of  completion.]  § 3.  One  of  the  tracks  author- 
ized to  be  constructed  on  each  of  the  following  avenues — Cottage 
Grove  avenue,  Michigan  avenue,  Madison  avenue  and  South  Chicago 
avenue — shall  be  completed  and  in  operation  within  one  year  from  the 
date  of  the  passage  of  this  ordinance.  And  one  of  the  tracks  author- 
ized to  be  constructed  in  each  of  the  other  streets  and  avenues  named 
in  this  ordinance  shall  be  completed  and  in  operation  within  two  years 
from  the  date  of  the  passage  of  this  ordinance;  Provided,  that  if  the 
said  track  shall  not  be  laid  and  the  said  railroad  shall  not  be  in  oper- 
ation upon  the  streets  aforesaid  within  the  dates  named  in  this  section, 
then  the  rights  and  privileges  herein  granted  shall,  at  the  expiration 
of  said  time  as  to  all  streets  and  parts  of  streets  hereinbefore  referred 
to,  which  at  said  time  shall  be  unoccupied  by  said  railroad  track  in  full 
operation,  wholly  cease  and  determine  and  revert  and  vest  absolutely 
in  the  city  of  Chicago. 

The  said  Calumet  Electric  Street  Railway  Company,  its  successors 
or  assigns,  shall  have  the  right  and  privilege  of  laying  and  operating 
the  second  track  authorized  in  the  first  section  hereof  whenever  it  or 
they  shall  deem  it  expedient  and  public  travel  requires  it.  Provided, 
further,  that  if  the  said  Calumet  Electric  Street  Railway  Company,  its 
successors  or  assigns,  shall  be  restrained  or  prevented  from  proceed- 
ing with  the  work  upon  said  railway  track  by  the  order  or  authority  of 
any  court  of  competent  jurisdiction,  the  time  during  which  it  may  be 
so  delayed  shall  be  added  to  the  time  herein  prescribed  for  the  com- 


1006 


STREET  RAILWAYS. 


[§  420 


pletion  of  said  railway  track.  The  city  of  Chicago  shall,  however,  have 
the  right  to  intervene  in  any  suit  for  an  injunction  to  restrain  said  party 
or  parties  as  aforesaid,  and  move  for  the  dissolution  of  the  injunction 
in  case  such  suit  shall  be  deemed  collusive,  or  for  the  purpose  of  delay, 
or  extending  the  time  for  the  completion  of  said  track. 

1 4.  Conform  to  grades.]  § 4-  The  said  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  in  the  construction 
of  said  railway  shall  conform  to  all  grades  in  the  streets  to  be  so  tra- 
versed by  said  railway  as  they  now  exist,  or  which  may  be  hereafter 
adopted  by  the  city  of  Chicago. 

1 5.  Style  of  rails — track,  how  constructed.  ] § 5-  The 

tracks  of  said  railway  shall  be  constructed  of  side  bearing,  or  what  may 
be  termed  flat  rails,  not  to  be  elevated  above  the  surface  of  the  street, 
and  shall  be  made  of  the  standard  gauge  of  four  feet  eight  and  one-half 
inches,  and  said  railway  tracks,  turnouts,  side  tracks,  switches  and 
turn  tables  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  said  track  or  tracks  at  any  and  all  points. 

The  said  track  or  tracks  shall  be  laid  under  the  supervision  of  the 
superintendent  or  commissioner  of  public  works  in  the  city  of  Chi- 
cago. It  is  further  provided  that  said  track  or  tracks  at  all  intersec- 
tions of  streets  shall  be  planked  between  the  rails. 

1 6.  Overhead  wires— adoption  of  other  systems.]  § 6. 
The  cars  upon  said  railway  shall  be  propelled  by  electric  overhead  con- 
tact wires,  suspended  from  poles  set  within  the  curb  line  limit  of  the 
street  on  either  side  thereof  or  from  bracket  poles  placed  in  the  center 
of  the  streets  and  so  adjusted  as  to  obstruct  the  public  use  of  the  streets 
or  sidewalks  as  little  as  possible.  The  said  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  feet  above  the  rails  and  the  said 
poles  and  supports  shall  be  placed  on  an  average  of  not  less  than  one 
hundred  and  fifteen  feet  apart,  except  at  the  intersection  of  streets 
and  avenues,  when  the  said  distance  will  place  the  poles  or  supports  on 
intersecting  streets  and  avenues.  And  in  the  event  that  some  more 
favorable  and  practicable  method  of  furnishing  electricity  or  other  mo- 
tive power  for  the  operation  of  said  road  be  discovered,  said  Calumet 
Electric  Street  Railway  Company,  its  successors  or  assigns  shall  have 
the  right,  or  may  be  required  to  adopt  the  same  in  the  place  of  or  in 
connection  with  the  use  of  said  electrical  overhead  contact  wires. 

T 7.  Feeder  wires.]  § 7.  Said  Calumet  Street  Railway  Com- 
pany, its  successors  or  assigns,  shall  operate  said  railway  by  electric 
motor  power,  except  in  case  of  accident  to  machinery  making  it  neces- 
sary, that  said  cars  may  be  propelled  by  animal  power,  for  a period  not 
exceeding  thirty  days  for  any  one  accident,  and  to  enable  the  said  road 
to  be  operated,  the  said  Calumet  Electric  Street  Railway  Company,  its 
successors  or  assigns,  shall  have  the  right  to  connect  the  wires  herein 
authorized  with  the  generator  or  power  station,  or  any  station  or  car 
houses  that  may  be  erected  along  the  line  of  said  railway. 


§ 42°] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1007 


% 8.  Passenger  traffic— obstruction  by  vehicles.]  § 8.  The 

cars  or  carriages  to  be  used  on  such  railway  shall  be  used  for  no  other 
purpose  than  to  carry  passengers  and  their  ordinary  baggage,  and  the 
said  cars  shall  be  entitled  to  the  track,  and  in  all  cases  where  any  team 
or  vehicle  shall  meet  or  be  overtaken  by  a car  upon  said  railway  such 
team  or  vehicle  shall  give  way  to  said  car. 

T 9.  Rate  of  fare.]  § 9.  The  rates  of  fare  for  any  continuous 
and  regular  trip  from  one  point  to  another  on  the  line  of  said  railway 
shall  not  exceed  five  (5)  cents. 

IT  10.  Grant  twenty  years.]  § 10.  The  right  and  privileges 
hereby  and  heretofore  granted  the  said  Calumet  Electric  Street  Rail- 
way Company,  .its  successors  or  assigns,  shall  continue  for  a period  of 
twenty  (20)  years  from  and  after  the  time  this  ordinance  shall  take 
effect. 

T 11.  Restoration  of  streets.]  § 11.  The  said  Calumet  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  shall  do  no 
permanent  injury  to  any  street,  sidewalk,  alley  or  avenue,  nor  interfere 
with  any  water  pipe,  sewer,  or  gas  pipe  now  or  hereafter  laid  by  said 
city  of  Chicago,  but  in  construction  of  the  said  railway  shall  restore 
the  streets,  pavements,  sidewalks,  or  ground,  or  water  pipe,  sewer  or 
gas  pipe,  of  a condition  equally  as  good  as  before  the  laying  of  said 
railway  at  the  expense  of  said  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  and  if  it,  or  its  successors  or  assigns, 
as  the  case  may  be,  shall  fail  or  refuse  to  do  so,  the  same  may  be  done 
by  the  city  of  Chicago,  and  it,  or  they,  as  the  case  may  be,  shall  be  liable 
for  the  cost  thereof. 

1 12.  Improvement  and  repair  of  streets.]  § 12.  The  said 
Calumet  Electric  Street  Railway  Company,  its  successors  or  assigns, 
as  respects  the  grading,  paving,  macadamizing,  planking  and  repair- 
ing or  using  of  the  aforesaid  streets  and  avenues,  shall  at  its  own  cost 
and  expense  keep  sixteen  feet  in  good  repair  and  condition  during  all 
the  time  to  which  the  privilege  hereby  granted  shall  extend  in  accord- 
ance with  the  orders  and  regulations  of  the  commissioner  of  public 
works  of  said  city. 

And  when  any  new  improvements  of  any  character  shall  be  or- 
dered by  the  city  council  of  said  city,  said  Calumet  Electric  Street  Rail- 
way Company,  its  successors  or  assigns,  at  its  own  cost  and  expense 
shall,  in  the  manner  required  by  the  city  authorities  make  such  im- 
provements for  the  width  of  sixteen  feet,  said  sixteen  feet  to  include 
the  said  tracks  as  laid  in  said  streets  and  avenues.  And  if  the  said 
Calumet  Electric  Street  Railway  Company,  its  successors  or  assigns, 
shall  neglect  or  fail  to  make  any  repairs  or  improvements  as  aforesaid, 
for  the  space  of  twenty  days  after  notice  so  to  do  from  the  superintend^ 
ent  of  public  works  or  oth^r  proper  officer  of  said  city,  to  any  officer, 
agent  or  employe  of  said  Calumet  Electric  Street  Railway  Company, 


STREET  RAILWAYS. 


1008 


[§  420 


or  its  successors  or  assigns,  then  and  in  such  case  the  city  may  at  its 
option  do  the  same  at  the  cost  and  expense  of  said  company. 

1 13.  Reservation  of  rights.]  § 13.  Nothing  herein  contained 
shall  impair  or  abridge  the  right  of  the  city  to  dig  up  or  open  said 
streets  and  avenues,  or  any  portion  thereof,  and  to  temporarily  remove 
said  tracks  and  roadbed  for  the  purpose  of  laying  sewers  or  water  pipes 
or  making  any  similar  improvements,  or  of  repairing  the  same. 

1 14.  Running  time— speed.]  § 14.  This  ordinance  is  granted 
upon  the  express  condition  that  trains  shall  be  run  upon  each  track 
constructed  by  said  Calumet  Electric  Street  Railway  Company,  its  suc- 
cessors or  assigns,  at  least  once  per  each  half  hour,  between  the  hours 
of  six  (6)  a.  m.  and  twelve  (12)  p.  m.,  except  When  delay  is  caused 
through  unavoidable  accident,  breakage  of  machinery,  or  other  cause 
beyond  the  control  of  said  Calumet  Electric  Street  Railway  Company, 
its  successors  or  assigns;  and  the  speed  of  all  trains  to  be  operated  by 
virtue  of  this  ordinance  shall  be  subject  to  control  by  ordinance  of  the 
city  of  Chicago  and  its  successors,  regulating  the  speed  of  electric  and 
cable  railways. 

1 15.  Indemnity  clause.]  § 15.  The  said  Caluiruet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  defend  and 
save  harmless  the  city  of  Chicago  of  and  from  any  and  all  damages, 
judgments,  decrees  and  costs  connected  therewith  which  may  be  ren- 
dered against  said  city  by  reason  of  the  granting  of  the  rights  and  privi- 
leges herein  contained,  or  which  may  in  any  way  accrue  or  arise,  or 
grow  out  of  the  exercise  by  the  said  Calumet  Electric  Street  Railway 
Company,  or  its  successors  or  assigns,  of  the  rights  and  privileges 
hereby  granted. 

T 16.  Acceptance.]  § 16.  This  ordinance  is  passed  upon  the 
express  agreement  and  undestanding  that  the  said  company,  before 
availing  itself  of  any  of  the  rights  and  privileges  granted  by  this  ordi- 
nance, shall  file  with  the  city  clerk  its  acceptance  of  all  the  terms  and 
conditions  of  this  ordinance. 

IT  17.  License.]  § 17.  The  said  Calumet  Electric  Street  Rail- 
way Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for 
the  use  of  said  city,  the  sum  of  fifty  dollars,  and  no  more,  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company.  In  comput- 
ing the  number  of  cars  upon  which  such  license  charge  may 
be  imposed,  thirteen  round  trips,  when  one  car  is  used  in 
the  transportation  of  passengers,  shall  be  taken  as  equivalent  to  one 
day’s  use  of  one  car.  One-thirteenth  of  such  round  trips  during  each 
quarter  shall  be  divided  by  the  number  of  days  in  such  quarter.  Such 
quotient  shall  be  the  number  of  cars  subject  to  such  license  fee.  The 
president  or  other  chief  officer  of  said  company  shall  under  oath  make 
report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the 
whole  number  of  cars  run  by  said  company,  and  at  the  same  time  pay 


§ 42i] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1009 


to  said  comptroller  $12.50  for  each  car,  to  be  ascertained  as  above  pre- 
scribed in  this  section.  The  first  quarter  shall  begin  the  first  day  upon 
which  the  said  company  shall  run  a car  or  cars  for  the  carriage  of 
passengers. 

*[  18.  Bond.]  § 18.  The  said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall  within  thirty  days  from  the 
passage  of  this  ordinance  execute  a bond  to  the  said  city  of  Chicago 
in  the  penal  sum  of  twenty-five  thousand  dollars,  with  satisfactory 
sureties  conditioned  to  indemnify  and  save  harmless  the  city  of  Chicago 
of  any  and  from  all  damages  which  may  accrue  or  rise  or  grow  out  of 
the  exercise  by  the  Calumet  Electric  Street  Railway  Company,  its  suc- 
cessors or  assigns,  of  the  privileges  hereby  granted;  said  bond  to  be 
subject  to  the  approval  of  the  commissioner  of  public  works  of  the  city 
of  Chicago. 

T 19.  When  in  force.]  § 19.  This  ordinance  shall  take  effect 
when  the  said  Calumet  Electric  Street  Railway  Company,  its  successors 
or  assigns,  shall  file  the  bond  herein  required,  and  accept  in  writing  the 
terms  and  conditions  of  this  ordinance,  and  said  bond  shall  be  ap- 
proved; Provided,  that  if  the  said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall  not  file  an  acceptance  in  writ- 
ing of  this  ordinance  and  the  bond  herein  required  within  thirty  (30) 
days  from  the  passage  hereof,  then  this  ordinance  shall  be  of  no  force 
and  effect,  and  all  rights  herein  granted  shall  absolutely  cease  and  de- 
termine. 

§ 421.  Calumet  Electric  Street  Railway  company. 

IT  i.  Grant. 

it  2.  Style  of  rails — permit  required. 

if  3.  Overhead  wires  — construction  — specifications  — change  of 
system. 

IT  4.  Repair  of  streets, 
it  5.  Rate  of  fare, 
it  6.  License  fee. 
it  7-  Time  of  completion, 
it  8.  Grant,  twenty  years. 

■ft  9.  Subject  to  general  ordinances, 
it  10.  When  in  force. 

An  ordinance  authorizing  the  Calumet  Electric  Street  Railway  company  to  con- 
struct a street  railway  on  Seventy-fifth  street,  from  the  Chicago,  Rock  Island 

& Pacific  railroad  to  Stony  Island  avenue.  (Passed  July  25,  1892.  Accepted 

July  29,  1892.) 

1 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  §1.  That,  in  consideration  of  the  acceptance  hereof  and 
the  undertaking  of  the  Calumet  Electric  Street  Railway  Company  to 
comply  with  the  provisions  herein  contained,  consent,  permission  and 
authority  are  hereby  granted  to  said  company,  its  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate,  for  the  period  of 
twenty  (20)  years  from  the  passage  hereof,  a double  track  street  rail- 

64 


1010 


STREET  RAILWAYS. 


way,  with  all  necessary  and  convenient  turnouts  and  switches  in,  upon, 
over  and  along  Seventy-fifth  street,  from  the  Chicago,  Rock  Island  and 
Pacific  Railroad1  to  Stony  Island  avenue. 

T 2.  Style  of  rails — permit  required.]  § 2.  The  tracks  of 
said  railway  shall  not  be  elevated  above  the  surface  of  the  street  and 
shall  be  laid  with  modern  improved  rails,  and,  in  such  a manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same,  at  all 
points  and  in  all  directions,  without  obstruction,  and  shall,  also,  be  laid 
as  near  to  the  center  of  the  street  as  practicable.  Section  1509  of  the 
Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railway  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor  and  commissioner  of  public  works  and  shall  be  laid  under  their 
direction,  but  a permit  shall  be  first  obtained  from  the  commissioner 
of  public  works  before  commencing  work  under  this  ordinance. 

1 3.  Overhead  wires — construction — specifications— change  of 
system.]  § 3.  The  cars  upon  said  railway  shall  be  propelled  by  elec- 
tric overhead  contact  wires,  suspended  from  poles  set  within  the  curb 
line  limits  of  the  street  on  either  side  thereof,  or  from  bracket  poles 
placed  in  the  center  of  the  streets  and  so  adjusted  as  to  obstruct  the 
public  use  of  the  streets  or  sidewalks  as  little  as  possible.  The  said 
wires  shall  be  suspended  not  less  than  eighteen  and  one-half  feet  above 
the  rails,  and  the  said  poles  and  supports  shall  be  placed  on  an  average 
of  not  less  than  one  hundred  and  fifteen  feet  apart,  except  at  the  inter- 
section of  streets  and  avenues,  when  the  said  distance  will  place  the 
poles  or  supports  on  intersecting  streets  and  avenues.  And,  in  the  event 
that  some  more  favorable  and  practicable  method  of  furnishing  elec- 
tricity or  other  motive  power  for  the  operation  of  said  road  be  discov- 
ered, said  Calumet  Electric  Street  Railway  Company,  its  successors  or 
assigns,  shall  have  the  right  or  may  be  required  to  adopt  the  same  in  the 
place  of  or  in  connection  with  the  use  of  said  electrical  overhead  con- 
tact wires,  when  approved  by  the  mayor  and  commissioner  of  public 
works. 

1”  4.  Repair  of  streets.]  § 4.  The  permission  and  authority 
hereby  given  are  on  the  further  express  condition  that  the  said  com- 
pany shall  and,  by  the  acceptance  hereof  by  said  company,  agrees  that 
it  will  fill,  grade,  pave  and  keep  in  repair  eight  (8)  feet  in  width  where 
a single  track  is  used,  and  sixteen  (16)  feet  in  width  where  a double 
track  is  used,  in  the  center  of  said  street,  in  the  manner  provided  by  and 
under  section  two  (2)  of  the  ordinance  of  July  30,  1883,  relating  to 
street  railways. 

IT  5.  Rate  of  fare.]  § 5.  The  rates  of  fare  for  any  continuous 
and  regular  trip  from  one  point  to  another  on  the  fine  of  said  railway 
shall  not  exceed  five  (5)  cents. 

1"  6.  License  fee.]  § 6.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  the  said  company 


§ 422] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1011 


shall  conform  to  section  i of  an  ordinance  passed  July  30,  1883,  relat- 
ing to  street  railways. 

If  7.  Time  of  completion.]  § 7.  The  tracks  herein  authorized 
shall  be  built  and  in  operation  within  twelve  (12)  months  after  the  pas- 
sage of  this  ordinance,  but  should  the  construction  of  said  tracks  or  any 
part  thereof  be  delayed  by  injunction  of  any  court,  or  by  the  action  of 
the  city  of  Chicago,  then,  as  to  the  portion  so  delayed,  the  time  of  such 
delay  shall  not  be  any  part  of  the  time  herein  limited.  The  city  of  Chi- 
cago shall  have,  and  it  hereby  expressly  reserves,  the  right  to  inter- 
vene in  any  suit  or  proceeding  brought  seeking  to  enjoin,  restrain  or 
in  any  manner  seeking  to  interfere  with  such  construction,  and  to 
move  for  the  dissolution  of  such  injunction  or  restraining  order  and 
for  any  other  proper  order  in  such  suit. 

T 8.  Grant,  twenty  years.]  § 8.  The  grant  herein  given  shall 
extend  for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  Pro- 
vided, the  same  shall  be  accepted  by  said  company  within  thirty  (30) 
days  after  its  passage. 

T9.  Subject  to  general  ordinances.]  § 9.  The  privileges  here- 
Dy  granted  are  subject  to  all  the  general  ordinances  of  the  city  of  Chi- 
cago, now  in  force  or  hereafter  to  be  passed,  in  reference  to  street  rail- 
ways and  to  all  ordinances  affecting  the  lines  of  railways  of  which  the 
lines  hereby  authorized  are  extensions. 

T 10.  When  in  force,]  § 10.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  acceptance  by  said  company;  provided 
said  acceptance  shall  be  within  thirty  (30)  days  from  the  passage 
hereof. 

§ 422.  Calumet  Electric  Street  Railway  company. 

IF  j.  Grant — Stony  Island  avenue, 
it  2.  Grant — Sixty-seventh  street. 

IT  3.  Grant — Seventy-ninth  street. 

: IF  4.  Completion  of  road. 

IT  5-  Grades. 

it  6.  Style  of  rails — gauge — pavements. 

If  7.  Overhead  contact  wires. 

T 8.  Service  limited — use  of  tracks. 

it  9.  Rate  of  fare — letter  carriers  to  ride  free. 

it  10.  Grant,  twenty  years. 

it  11.  Restoration  of  streets. 

it  12.  Improvement  and  repair  of  streets. 

•ft  13.  Reservation  of  rights. 

IF  14.  Indemnity  clause. 

it  15.  License  fee. 

it  16.  Acceptance— bond. 

it  17-  Acceptance  of  separate  grants— bond. 

IF  18.  Permits, 
it  19.  When  in  force. 

An  ordinance  authorizing  the  Calumet  Electric  Street  Railway  company  and  the 

South  Chicago  City  Railway  company  to  construct  and  operate  jointly  a 


1012 


STREET  RAILWAYS. 


[§  422 


street  railway  on  Stony  Island  avenue,  Sixty-seventh  street  and  Seventy- 
ninth  street.  (Passed  October  10,  1892.  Accepted  by  each  road  October 
17,  1892.) 

1 1.  Grant — Stony  Island  avenue.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  given  and  granted  to  the  Calumet  Electric  Street  Railway 
Company  and  to  the  South  Chicago  City  Railway  Company,  and  to 
their  respective  successors  and  assigns,  to  jointly  construct,  or  cause 
to  be  constructed,  under  the  conditions  hereinafter  provided,  one  line 
of  electric  railroad  for  the  joint  or  common  use  of  the  street  railway 
companies,  consisting  of  two  main  tracks,  with  such  tracks  for  turn- 
tables, turnouts,  side  tracks,  cross  over  tracks,  and  switches,  and  tracks 
connecting  with  other  street  railroad  tracks  at  the  termini  in  this  sec- 
tion mentioned,  or  along  the  line  herein  described,  as  may  be  neces- 
sary, in  to  and  from  the  intersection  of  Stony  Island  avenue  with  Sev- 
enty-ninth street,  along  and  upon  Stony  Island  avenue  to  and  in  to  the 
intersection  with  Sixty-fourth  street,  all  in  the  city  of  Chicago,  and 
maintain  and  jointly  or  severally  operate  said  line  of  railway  upon  and 
over  said  tracks  in  accordance  with  or  under  such  agreement  and 
agreements  as  may  be  made  between  said  two  street  railway  com- 
panies, which  are  not  inconsistent  with  the  provisions  of  this  ordinance. 

1 2.  Grant — Sixty-seventh  street.]  § 2.  Subject,  also,  to  the 
provisions  and  conditions  hereinafter  prescribed,  permission  and  au- 
thority are  hereby  further  given  to  the  said  Calumet  Electric  Street 
Railway  Company,  its  successors  and  assigns,  to  lay  down,  maintain 
and  operate  a street  railroad,  to  be  operated  by  electricity,  with  two 
main  tracks,  with  all  necessary  turn  tables,  turnouts,  cross  over  tracks, 
side  tracks  and  switches,  upon  Sixty-seventh  street,  from  a connection 
with  the  tracks  on  Stony  Island  avenue,  described  in  the  first  section 
of  this  ordinance,  to  a connection  with  the  track  of  the  Chicago  City 
Railway  Company  on  Cottage  Grove  avenue. 

IT  3.  Grant— Seventy-ninth  street.]  § 3.  Subject,  also,  to  the 
provisions  and  conditions  herein  prescribed,  permission  and  authority 
are  further  given  to  the  South  Chicago  City  Railway  Company,  its 
successors  and  assigns,  to  lay  down,  maintain  and  operate  a street  rail- 
way, to  be  operated  by  electricity,  with  two  main  tracks,  with  all  neces- 
sary turn  tables,  turnouts,  cross  over  tracks,  side  tracks  and  switches, 
upon  Seventy-ninth  street,  from  a connection  with  the  railway  of  the 
last  named  company  at  the  intersection  of  the  last  named  street  with 
Commercial  avenue,  to  a connection  with  the  tracks  on  Stony  Island 
avenue  described  in  the  first  section  of  this  ordinance. 

T 4.  Completion  of  road,]  § 4.  Both  of  the  main  tracks  de- 
scribed by  section  one  of  this  ordinance,  shall  be  laid,  constructed  and 
in  operation  within  one  year  from  the  date  when  this  ordinance  shall 
take  effect;  Provided,  further,  that  if  said  companies,  or  either  of  them, 
or  their  successors  or  assigns,  shall  as  to  either  of  the  lines  of  railroad 


calumet  electric  street  railway  company. 


1013 


422] 


in  said  sections  one,  two  and  three  mentioned,  be  restrained  or  pre- 
vented by  the  order  of  any  court  of  competent  jurisdiction  from  pro- 
ceeding with  the  work  upon  streets  wherein  authority  is  hereby  given 
to  construct  and  operate  a railroad,  the  time  during  which  it  may  be 
so  delayed,  shall  be  added  to  the  time  herein  prescribed  for  the  com- 
pletion of  such  railroad  tracks.  The  city  of  Chicago  shall,  however, 
have  the  right  to  intervene  in  any  of  said  suits  for  an  injunction  to  re- 
strain said  parties,  or  either  of  them  aforesaid,  and  move  for  the  dis- 
solution of  the  injunction  in  case  such  suit  shall  be  deemed  collusive 
or  for  the  purpose  of  delay  or  extending  the  time  for  the  completion  of 
such  track. 

«[  5.  Grades.]  § 5.  Each  of  said  railways  shall  conform  to  all 
grades  of  the  streets  to  be  so  traversed  by  said  railway  tracks  as  such 
grades  now  exist  or  as  they  may  be  hereafter  adopted  by  the  city  of 
Chicago. 

«[  6.  Style  of  rails — gauge— pavements.]  §6.  All  of  the  rail- 
road tracks  by  this  ordinance  authorized  to  be  laid  shall  be  constructed 
of  side  bearing,  or  what  may  be  termed  flat  top  or  girder  rails,  not  to  be 
elevated  above  the  surface  of  the  street.  They  shall  be  laid  to  the 
standard  gauge  of  four  feet  eight  and  one-half  inches.  The  said  rail- 
way tracks,  turnouts,  cross  overs,  side  tracks,  switches  and  turn  tables 
shall  be  so  laid  that  carriages  and  other  vehicles  can  easily  and  freely 
cross  said  track  and  tracks  at  any  and  all  points.  All  tracks  at  all  in- 
tersections of  streets  shall  be  planked  or  paved  between  the  rails  and 
said  track  shall  be  laid  under  the  supervision  of  the  commissioner  of 
public  works  of  the  city  of  Chicago. 

1 7.  Overhead  contact  wires.]  § 7.  The  cars  upon  each  of 
the  said  railways  shall  be  propelled  by  electric  overhead  contact  wires 
which,  together  with  the  necessary  feed  wires,  shall  be  suspended  from 
poles  set  within  the  curb  limits  of  the  street  on  either  side  thereof,  or 
from  bracket  poles  placed  in  the  center  of  the  streets  and  so  adjusted  as 
to  obstruct  the  public  use  of  streets  or  sidewalks  as  little  as  possible. 
Said  wires  shall  be  suspended  not  less  than  eighteen  and  one-half  feet 
above  the  rails,  and  the  said  poles  and  supports  shall  be  placed  on  an 
average  of  not  less  than  one  hundred  and  fifteen  feet  apart,  except  at 
the  intersection  of  streets  and  avenues  or  the  crossings  of  railroad 
tracks  when  the  said  distance  will  place  the  poles  or  supports  on  inter- 
secting streets  or  avenues  or  at  inconvenient  distances  for  such  cross- 
ings. And,  in  the  event  that  some  more  favorable  and  practicable 
method  of  furnishing  electricity  or  other  motive  power  for  the  opera- 
tion of  said  roads  be  discovered,  said  railroad  companies,  their  success- 
ors or  assigns,  shall  have  the  right  or  may  be  required  by  the  city  coun  - 
cil of  the  city  of  Chicago  to  adopt  such  more  favorable  or  practicable 
method  of  furnishing  their  motive  power  in  place  of  or  in  connection 
with  the  use  of  said  electrical  overhead  contact  wires,  when  the  same 


1014 


STREET  RAILWAYS. 


[§  42  2 


is  approved  by  the  mayor  and  commissioner  of  public  works.  The  said 
companies  shall  have  the  right  to  connect  the  wires  herein  authorized 
with  the  wires  on  other  of  their  lines  and,  also,  with  the  generators  and 
power  stations  which  it  may  be  convenient  to  use  in  connection  there- 
with and,  from  time  to  time,  alter  and  change  such  connections. 

If  8.  Service  limited — use  of  tracks.]  § 8.  The  cars  or  car- 
riages to  be  used  on  such  railways  shall  be  used  for  no  other  purpose 
than  the  carrying  of  passengers  and  their  ordinary  baggage,  and  the 
said  cars  shall  be  entitled  to  the  track  and,  in  all  cases,  where  any  team 
or  vehicle  shall  meet  or  be  overtaken  by  a car  upon  such  railway  such 
team  or  vehicle  shall  give  way  to  said  car. 

IT  9.  Rate  of  fare — letter  carriers  to  ride  free.]  § 9.  The 
rates  of  fare  for  any  continuous  or  regular  trip  from  one  point  to  an- 
other on  the  line  of  either  of  said  railway  companies  shall  not  exceed 
five  cents,  and  that  United  States  letter  carriers  in  uniform  shall  be  per- 
mitted to  ride  free. 

1 10.  Grant,  twenty  years.]  § 10.  The  rights  and  privileges 
hereby  and  heretofore  granted  to  the  said  Calumet  Electric  Street  Rail- 
way Company  and  to  the  said  South  Chicago  City  Railway  Company, 
and  their  respective  successors  or  assigns,  shall  continue  for  the  period 
of  twenty  years  from  and  after  the  time  this  ordinance  shall  take  effect. 

1 11.  Restoration  of  streets.]  § 11.  Neither  of  the  street  rail- 
way companies,  or  their  successors  or  assigns,  shall  do  any  permanent 
injury  to  said  streets,  sidewalks,  alleys  or  avenues,  or  interfere  with  any 
water  pipe,  sewer  or  gas  pipe,  now  or  hereafter  laid  by  the  city  of  Chi- 
cago; and,  in  the  construction  of  said  several  lines  of  railway  shall  re- 
store the  streets,  pavements,  sidewalks  and  ground,  or  water  pipes, 
sewer  or  gas  pipe,  to  a condition  equally  good  as  before  the  laying  of 
the  said  railroad,  at  its  or  their  own  cost  and  expense;  and  if  they  or 
their  successors  or  assigns,  as  the  case  may  be,  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  the  city  of  Chicago,  and  the  company 
or  companies  which  should  have  done  the  same  shall  be  liable  for  the 
costs  thereof. 

If  12.  Improvement  and  repair  of  streets,]  § 12.  The  said 
two  street  railway  companies  as  to  the  portion  of  Stony  Island  avenue 
mentioned  in  the  first  section  of  this  ordinance;  and  the  said  Calumet 
Electric  Street  Railway  Company,  as  to  the  portion  of  Sixty-seventh 
street,  mentioned  in  the  second  section  of  this  ordinance;  and  the  said 
South  Chicago  City  Railway  Company,  as  to  the  portion  of  Seventy- 
ninth  street  mentioned  in  the  third  section  of  this  ordinance,  shall,  as 
may  be  required  by  the  city  council  and  in  accordance  with  the  orders 
and  regulations  of  the  commissioner  of  public  works  of  the  said  city, 
grade  and  pave  or  macadamize  twenty  feet  of  said  Stony  Island  avenue, 
and  sixteen  feet  of  said  two  other  streets  and  shall  keep  in  repair  and 
condition,  during  all  the  time  for  which  the  privileges  hereby  granted 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1015 


422] 


shall  extend,  eighteen  feet  of  Stony  Island  avenue  and  sixteen  feet  of 
the  several  portions  of  the  other  two  streets;  and,  when  any  new  im- 
provement of  any  such  character  shall  be  ordered  by  the  city  council  of 
the  said  city,  they  shall,  at  their  own  cost  and  expense,  in  the  manner 
required  by  the  city  authorities,  make  such  improvements  for  the  width 
of  eighteen  feet  of  Stony  Island  avenue  and  sixteen  feet  of  said  other 
streets,  which  eighteen  feet  and  sixteen  feet,  respectively,  shall  include 
the  tracks  laid  in  said  streets  and  avenues;  and  if  they  or  either  of  them 
shall  neglect  or  fail  to  make  any  repairs  or  improvements  as  aforesaid, 
for  the  space  of  twenty  days  after  notice  thereof  from  the  commissioner 
of  public  works,  or  other  proper  officer  of  said  city  to  any  officer,  agent 
or  employe  of  the  company  obligated  so  to  do,  then  and  in  such  case  the 
city  may  at  its  own  option  do  the  same  at  the  cost  and  expense  of  such 
company  or  companies. 

1 13.  Reservation  of  rights.]  §*13-  Nothing  herein  contained 
shall  impair  or  abridge  the  right  of  the  city  to  dig  up  or  open  said 
streets  or  avenues,  or  any  portion  thereof,  and  temporarily  remove 
said  tracks  and  roadbed  for  the  purpose  of  laying  sewers  or  water 
pipes  or  the  making  of  any  similar  improvements  or  repairing  the 
same. 

*1  14.  Indemnity  clause.]  § 14.  The  said  two  street  railway 
companies,  their  successors  or  assigns,  shall  respectively  defend  and 
save  harmless  the  city  of  Chicago  of  and  from  all  damages,  judgments, 
decrees  and  costs  connected  therewith  that  may  be  rendered  against 
said  city  by  reason  of  the  granting  of  the  rights  and  privileges  herein 
granted  to  them  respectively,  or  which  may  in  any  manner  accrue  or 
arise  or  grow  out  of  their  exercise  of  the  rights  and  privileges  hereby 
granted. 

If  15.  License  fee.]  § 15.  Each  of  the  said  street  railway  com- 
panies shall  be  severally  liable  for  and  shall  pay  into  the  city  treasury  of 
the  city  of  Chicago,  for  the  use  of  the  said  city,  the  sum  of  fifty  dol- 
lars, and  no  more,  as  an  annual  license  fee  for  each  and  every  car  used 
by  such  company.  In  computing  the  number  of  cars  upon  which 
such  license  charge  may  be  imposed,  thirteen  round  trips,  when  more 
than  one  car  is  used  in  transportation  of  passengers,  shall  be  taken  as 
equivalent  to  one  day’s  use  of  one  car.  One-thirteenth  of  such  round 
trips  during  each  quarter  shall  be  divided  by  the  number  of  days  in 
such  quarter,  and  the  quotient  shall  be  the  number  of  cars  subject  to 
such  license  fee.  Such  license  to  be  posted  in  each  and,  every  car. 
The  president,  or  other  officer  of  such  company,  shall,  under  oath, 
make  reports  quarter  yearly  to  the  comptroller  of  the  city  of  Chicago 
of  the  whole  number  of  cars  run  by  it  and,  at  the  same  time,  pay  to  the 
said  comptroller  $12.50  for  each  car,  to  be  ascertained  as  above  pre- 
scribed in  this  section.  The  first  quarter  shall  begin  on  the  first  day 
upon  which  the  said  company  shall  run  a car  or  cars  for  the  carriage 
of  passengers. 


1016 


STREET  RAILWAYS. 


IT  16.  Acceptance — bond.]  § 1 6.  The  said  Calumet  Electric 
Railway  Company  and  the  said  South  Chicago  City  Railway  Company, 
respectively,  shall,  within  thirty  days  from  the  passage  of  this  ordi- 
nance, accept  in  writing  the  terms  and  conditions  of  this  ordinance  in 
relation  to  the  tracks  authorized  to  be  constructed  by  the  first  section 
hereof  and  shall,  within  said  period  of  thirty  days  from  the  passage 
of  this  ordinance,  execute  and  file,  with  the  city  clerk,  their  joint  bond, 
with  satisfactory  sureties  approved  by  the  city  comptroller  of  the  city 
of  Chicago,  in  the  penal  sum  of  fifty  thousand  dollars,  conditioned  to 
indemnify  and  save  harmless  the  city  of  Chicago  of  and  from  all  dam- 
ages that  may  accrue,  arise  or  grow  out  of  the  exercise  by  said  com- 
panies or  either  of  them,  or  their  respective  successors  or  assigns,  of 
the  rights  and  privileges  granted  by  the  first  section  of  this  ordinance. 
Unless  such  written  acceptance  and  such  bond  shall  be  filed  within 
thirty  days  from  the  passage  of ’this  ordinance  all  the  rights  and  privi- 
leges granted  by  section  one  hereof  shall  absolutely  cease  and  deter- 
mine and  be  null  and  void. 

T 17.  Acceptance  of  separate  grants— bond.]  § 17.  This  or- 
dinance shall  take  effect,  so  far  as  it  grants  rights  and  privileges  in  sec- 
tions two  and  three  thereof  to  said  railway  companies  severally,  when 
the  companies  named  in  said  respective  sections  shall  accept  in  writ- 
ing the  terms  and  conditions  of  this  ordinance  relating  to  the  railroad 
tracks  therein  provided  to  be  built  and  shall,  also,  execute  and  file  their 
several  bonds  with  the  city  clerk,  with  satisfactory  sureties  approved 
by  the  commissioner  of  public  works  of  the  city  of  Chicago,  in  the 
penal  sum  of  fifty  thousand  dollars,  conditioned  to  indemnify  and  save 
harmless  the  city  of  Chicago  of  and  from  all  damages  that  may  accrue 
or  grow  out  of  the  exercise  by  such  company,  its  successors  or  assigns, 
of  the  rights  and  privileges  by  either  of  such  sections  granted  to  such 
company.  Unless  such  written  acceptance  and  such  bond  shall  be 
filed  with  the  city  clerk  within  thirty  days  from  the  passage  of  this  ordi- 
nance then  the  rights  and  privileges  by  sections  two  and  three  hereof, 
granted,  shall  absolutely  cease  and  determine  as  to  the  company  so 
failing  to  file  such  acceptance  and  bond. 

«[  18.  Permits.]  §18.  Any  permit  issued  by  the  commissioner 
of  public  works  of  the  city  of  Chicago  for  the  construction  of  the  tracks 
on  Stony  Island  avenue,  authorized  by  section  one  hereof,  shall  be 
issued  in  the  name  of  both  of  said  above  companies  and  for  their  joint 
and  common  benefit. 

IT  19.  When  in  force.]  § 19.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 


§ 4^3] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1017 


§ 423- 

Calumet  Electric  Street  Railway  company. 

IF 

1. 

Grant. 

IF 

2. 

Route— subway— damage  s. 

IF 

3- 

Time  of  completion. 

IF 

4- 

Grades. 

IF 

5- 

Style  of  rails— gauge. 

nF 

6. 

Overhead  contact  wires. 

IF 

7- 

Feeder  wires. 

IF 

8. 

Service  limited — right  of  way. 

IF 

9- 

Rate  of  fare — letter  carriers  to  ride  free. 

IF 

10. 

Grant  twenty  years. 

IF 

11. 

Restoration  of  streets. 

ir 

12. 

Improvement  and  repair  of  streets. 

nr 

13- 

Reservation  of  rights. 

nr 

14. 

Running  time — speed. 

IF 

15. 

Indemnity  clause. 

nr 

16. 

Acceptance. 

nr 

17. 

License  fee. 

nr 

18. 

Bond. 

nr 

19. 

When  in  force — bond — acceptance. 

An  ordinance  authorizing  the  Calumet  Electric  Street  Railway  Company  to  con- 
struct and  operate  a railroad  by  electricity  in  certain  streets  in  the  city  of 
Chicago.  (Passed  March  6,  1893.  Accepted  March  8,  1893.) 

1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  is  hereby  given  and 

granted  to  the  Calumet  Electric  Street  Railway  Company,  its  success- 
ors and  assigns,  to  construct  and  operate  a railroad  with  one  or  more 
tracks,  not  exceeding  two,  to  be  operated  by  electricity,  with  such 
tracks  for  turntables,  turnouts,  side  tracks  and  switches  as  said  com- 
pany may  deem  necessary,  along  and  upon  certain  streets,  or  parts  of 
streets,  in  the  corporate  limits  in  the  city  of  Chicago  hereinafter  par- 
ticularly mentioned,  and  to  operate  said  railway  in  the  manner,  for  the 
time,  and  upon  the  conditions  hereinafter  prescribed. 

% 2.  Route — subway — damages.]  § 2.  The  said  Calumet 
Electric  Street  Railway  Company,  or  its  successors  or  assigns,  is  here- 
by authorized  to  lay  the  tracks  with  all  necessary  turntables,  turnouts, 
side  tracks  and  switches,  as  provided  in  the  first  section  of  this  ordi- 
nance, along  and  upon  the  following  streets  in  the  city  of  Chicago: 
Commencing  at  the  intersection  of  the  Calumet  Electric  Street  Rail- 
way Company’s  tracks  on  South  Chicago  avenue  with  91st  street 
thence,  east,  on  91st  street  to  the  connection  with  the  west  track  of  the 
South  Chicago  [City]  Railway  Company  in  Commercial  avenue. 

Also,  from  the  connection  with  the  tracks  of  the  Calumet  Electric 
Street  Railway  Company  at  the  intersection  of  Commercial  and  South 
Chicago  avenues  to  a connection  with  the  west  track  of  the  South  Chi- 
cago City  Railway  Company  in  Commercial  avenue. 

Also,  commencing  at  the  intersection  of  the  tracks  of  the  Calumet 
Electric  Street  Railway  Company  on  Wentworth  and  119th  streets 
thence,  west,  on  119th  to  Halsted  street. 

Also,  commencing  at  the  intersection  of  the  tracks  of  the  Calumet 


1018 


STREET  RAILWAYS. 


[§  423 


Electric  Street  Railway  Company  on  115th  street  and  Howard  street 
thence,  east,  on  115th  street  to  a point  opposite  lots  four  (4)  and  five 
(5),  block  five  (5),  Kensington,  thence  south  over  private  property  to 
and  across  the  alley  between  said  block  five  (5)  and  block  four  (4), 
Kensington,  and  thence  south  across  private  property  to  a point  in 
Kensington  avenue,  opposite  lots  four  (4)  and  five  (5),  block  five  (5), 
Kensington,  thence  west  on  said  Kensington  avenue  to  a connection 
with  said  company’s  tracks  at  Howard  street. 

Also,  commencing  at  the  intersection  of  the  Calumet  Electric  Street 
Railway  Company’s  tracks  011  Stony  Island  avenue  and  93rd  street 
thence,  north,  on  Stony  Island  avenue  to  a connection  with  said  com- 
pany’s tracks  at  79th. 

Also,  commencing  at  a point  on  the  tracks  of  the  Calumet  Electric 
Street  Railway  Company  on  Cottage  Grove  avenue,  opposite  lots 
thirty-four  (34)  and  thirty-five  (35),  block  nine  (9),  Cornell,  thence  east 
across  private  property  to  and  across  the  north  and  south  alley  in  said 
block  nine  (9),  Cornell,  to  and  over  lot  one  (1),  block  nine  (9),  Cornell, 
to  the  alley  in  block  nine  (9),  Cornell,  parallel  with  the  right  of  way 
of  the  Pittsburg,  Fort  Wayne  and  Chicago  Railway  Company,  thence 
westerly  in  and  along  said  alley  to  a connection  with  the  tracks  of  the 
said  company  in  Cottage  Grove  avenue. 

Also,  from  a connection  with  the  tracks  of  the  Calumet  Electric 
Street  Railway  Company  in  South  Chicago  avenue  and  Noble  court 
thence  along  Noble  court  to  a connection  with  the  track  of  the  said 
company  in  75th. 

Also,  commencing  at  the  tracks  of  the  Calumet  Electric  Street  Rail- 
way Company  in  Michigan  avenue  and  119th  street,  thence,  south  on 
Michigan  avenue  to  124th  street. 

Also,  commencing  with  the  tracks  of  the  said  Calumet  Electric 
Street  Railway  Company  on  75th  street,  thence  north,  on  Woodlawn 
avenue  to  and  across  71st  street,  thence  across  private  property  to  and 
upon  67th  street  to  a connection  with  the  track  of  the  said  company 
in  67th  street. 

Also,  commencing  with  tracks  of  the  Calumet  Electric  Street  Rail- 
way Company  on  93rd  street,  thence,  south,  on  Drexel  avenue,  thence 
across  Drexel  avenue  to  a connection  with  the  car  barns  and  buildings 
of  said  company. 

Also,  authority  is  hereby  given  to  the  said  Calumet  Electric  Street 
Railway  Company  to  build,  construct,  in  accordance  with  plan  and 
specifications  herewith  presented,  and  maintain  a subway  under  the 
tracks  of  the  Illinois  Central  Railroad  Company  at  Ninety-third  street; 
said  subway  to  be  built  under  the  supervision  of  the  commissioner  of 
public  works;  Provided,  that  the  said  railroad  company  shall  save  the 
city  of  Chicago  harmless  and  pay  any  and  all  damages  of  every  kind 
whatsoever,  that  may  accrue  or  arise  by  reason  of  the  construction  of 
said  subway. 


1019 


§ 423]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 

1 3.  Time  of  completion.]  § 3.  All  of  the  main  tracks  de- 
scribed by  section  two  of  this  ordinance  shall  be  laid,  constructed  and 
in  operation  within  six  months  from  the  date  when  this  ordinance  shall 
take  effect;  Provided,  further,  that  if  the  said  Calumet  Electric  Street 
Railway  Company,  its  successors  or  assigns,  shall  be  restrained  or  pre- 
vented from  proceeding  with  the  work  upon  said  railway  track  by  the 
order  or  authority  of  any  court  of  competent  jurisdiction,  the  time 
during  which  it  may  be  so  delayed  shall  be  added  to  the  time  herein 
prescribed  for  the  completion  of  said  railway  track.  The  city  of  Chi- 
cago shall,  however,  have  the  right  to  intervene  in  any  suit  for  an  in- 
junction to  restrain  said  party  or  parties  as  aforesaid,  and  move  for 
the  dissolution  of  injunction  in  case  such  suit  shall  be  deemed  collusive 
or  for  the  purpose  of  delay  or  extending  the  time  for  the  completion 
of  said  track. 

Tf  4.  Grades.]  § 4.  The  said  Calumet  Electric  Street  Com- 
pany, its  successors  or  assigns,  in  the  construction  of  the  said  railway 
shall  conform  to  all  grades  in  the  streets  to  be  so  traversed  by  said  rail- 
way as  they  now  exist  or  which  may  be  hereafter  adopted  by  the  city 
of  Chicago. 

If  5.  Style  of  rails — gauge.]  § 5.  The  tracks  of  said  railway 
shall  be  constructed  of  side  bearing,  or  what  may  be  termed  flat 
rails,  not  to  be  elevated  above  the  surface  of  the  street,  and  shall  be 
made  of  the  standard  gauge  of  four  feet,  eight  and  one-half  inches, 
and  said  railway  tracks,  turnouts,  side  tracks,  switches  and  turntables 
shall  be  so  laid  that  carriages  and  other  vehicles  can  easily  and  freely 
cross  said  track  or  tracks  at  any  and  all  points.  The  said  track  or 
tracks  shall  be  laid  under  the  supervision  of  the  commissioner  of  pub- 
lic works  of  the  city  of  Chicago.  It  is  further  provided  that  said  track 
or  tracks  at  all  intersections  of  streets  shall  be  planked  between  the 
rails. 

If  6.  Overhead  contact  wires.]  § 6.  The  cars  upon  said  rail- 
way shall  be  propelled  by  electric  overhead  contact  wires  which,  to- 
gether with  the  necessary  feed  wires,  shall  be  suspended  from  poles 
set  within  the  curb  limits  of  the  streets  on  either  side  thereof,  or  from 
bracket  poles  placed  in  the  center  of  the  streets,  and  so  ad- 
justed as  to  obstruct  the  public  use  of  streets  or  sidewalks  as  little 
as  possible.  Said  wires  shall  be  suspended  not  less  than  eighteen  and 
one-half  feet  above  the  rails  and  the  said  poles  and  supports  shall  be 
placed  on  an  average  of  not  less  than  one  hundred  and  fifteen  feet 
apart,  except  at  the  intersection  of  streets  and  avenues  or  the  cross- 
ings of  railroad  tracks  when  the  said  distance  will  place  the  poles  or 
supports  on  intersecting  streets  or  avenues,  or  at  convenient  distances 
for  such  crossings.  And,  in  the  event  that  some  more  favorable  and 
practicable  method  of  furnishing  electricity  or  other  motive  power 
for  the  operation  of  said  road  be  discovered,  said  the  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  have  the 


1020 


STREET  RAILWAYS. 


[§  423 


right  or  may  be  required  by  the  city  council  of  the  city  of  Chicago  to 
adopt  such  more  favorable  or  practicable  method  of  furnishing  motive 
power,  in  place  of  or  in  connection  with  the  use  of  said  electrical  over- 
head contact  wires,  when  the  same  is  approved  by  the  mayor  and  the 
commissioner  of  public  works.  The  said  company  shall  have  the  right 
to  connect  the  wires  herein  authorized  with  the  wires  on  other  of  its 
lines  and,  also,  with  the  generators  and  power  stations  which  it  may  be 
convenient  to  use  in  connection  therewith  and,  from  time  to  time,  to 
alter  and  change  such  connectioins. 

If  7.  Feeder  wires.]  § 7.  Said  Calumet  Electric  Street  Rail- 
way Company,  its  successors  or  assigns,  shall  operate  said  railway  by 
electric  motor  power,  except  in  case  of  accident  to  machinery  making 
it  necessary  that  said  cars  may  be  propelled  by  animal  power  for  a 
period  not  exceeding  thirty  days  for  any  one  accident,  and  to  enable 
the  said  road  to  be  operated,  the  said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall  have  the  right  to  connect  the 
wires  herein  authorized  with  the  generator  or  power  station,  or  any 
station  or  car  houses  that  may  be  erected  along  the  line  of  said  rail- 
way. 

Tf  8.  Service  limited— right  of  way.]  § 8.  The  cars  or  car- 
riages to  be  used  on  such  railway  shall  be  used  for  no  other  purpose 
than  to  carry  passengers  and  their  ordinary  baggage,  and  the  said  cars 
shall  be  entitled  to  the  track  and,  in  all  cases  where  any  team  or  vehicle 
shall  meet  or  be  overtaken  by  a car  upon  said  railway,  such  team  or 
vehicle  shall  give  way  to  said  car. 

f 9.  Rate  of  fare— letter  carriers  to  ride  free.]  § 9.  The 
rates  of  fare  for  any  continuous  and  regular  trip  from  one  point  to  an- 
other on  the  line  of  said  railway  shall  not  exceed  five  (5)  cents  and 
United  States  letter  carriers  in  uniform  shall  be  permitted  to  ride  free. 

Tf  10.  Grant,  twenty  years.]  § 10.  The  right  and  privileges 
hereby  granted  the  said  Calumet  Electric  Street  Railway  Company,  its 
successors  or  assigns,  shall  continue  for  a period  of  twenty  (20)  years 
from  and  after  the  time  this  ordinance  shall  take  effect. 

If  11-  Restoration  of  streets.]  § 11.  The  said  Calumet  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  shall  do  no 
permanent  injury  to  any  street,  sidewalk,  alley  or  avenue,  nor  inter- 
fere with  any  water  pipe,  sewer  or  gas  pipe  now  or  hereafter  laid  by 
the  said  city  of  Chicago,  but  in  construction  of  the  said  railway  shall 
restore  the  streets,  pavements,  sidewalk  or  ground  or  water  pipe,  sewer 
or  gas  pipe  to  a condition  equally  as  good  as  before  the  laying  of  said 
railway,  at  the  expense  of  the  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  and  if  it,  its  successors  or  assigns,  as 
the  case  may  be,  shall  fail  or  refuse  so  to  do,  the  same  may  be  done  by 
the  city  of  Chicago  and  it,  or  they,  as  the  case  may  be,  shall  be  liable 
for  the  cost  thereof, 


§ 423] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1021 


1 12.  Improvement  and  repair  of  streets.]  § 12.  The  said 
Calumet  Electric  Street  Railway  Company,  its  successors  or  assigns, 
as  respects  the  grading,  paving,  macadamizing  planking  and  repair- 
ing or  using  of  the  aforesaid  streets  and  avenues,  shall  at  its  own  cost 
and  expense  keep  sixteen  feet  in  good  repair  and  condition  during  all 
the  time  to  which  the  privilege  hereby  granted  shall  extend,  in  accord- 
ance with  the  orders  and  regulations  of  the  commissioner  of  public 
works  of  said  city.  And,  when  any  new  improvements,  of  any  char- 
acter, shall  be  ordered  by  the  city  council  of  said  city  said  Calumet 
Electric  Street  Railway  Company,  its  successors  or  assigns,  at  its  own 
cost  and  expense  shall,  in  the  manner  required  by  the  city  authorities, 
make  such  improvement  for  the  width  of  sixteen  feet,  said  sixteen  feet 
to  include  the  said  tracks  as  laid  in  said  streets  and  avenues.  And,  if 
the  said  Calumet  Electric  Street  Railway  Company,  its  successors  or 
assigns,  shall  neglect  or  fail  to  make  any  repairs  or  improvements  as 
aforesaid,  for  the  space  of  twenty  days  after  notice  so  to  do  from  the 
commissioner  of  public  works  or  other  proper  officer  of  said  city  to 
any  officer,  agent  or  employe  of  said  Calumet  Electric  Street  Railway 
Company,  or  its  successors  or  assigns,  then  and  in  such  case  the  city 
may  at  its  option  do  the  same  at  the  cost  and  expense  of  said  com- 
pany. 

1 13.  Reservation  of  rights.]  § 13.  Nothing  herein  con- 
tained shall  impair  or  abridge  the  right  of  the  city  to  dig  up  or  open 
said  streets  and  avenues  or  any  portion  thereof,  and  to  temporarily  re- 
move said  tracks  and  roadbed  for  the  purpose  of  laying  sewers  or  water 
pipes  or  making  any  similar  improvements,  or  of  repairing  the  same. 

IT  14.  Running  time — speed.]  § 14.  This  ordinance  is 
granted  upon  the  express  condition  that  trains  shall  be  run  upon  each 
track  constructed  by  said  Calumet  Electric  Street  Railway  Company, 
its  successors  or  assigns,  at  least  once  per  each  half  hour  between  the 
hours  of  six  (6)  a.  m.  and  twelve  (12)  p.  m.,  except  when  delay  is  caused 
through  unavoidable  accident,  breakage  of  machinery  or  other  cause 
beyond  the  control  of  said  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns;  and  the  speed  of  all  trains  to  be  op- 
erated by  virtue  of  this  ordinance  shall  be  subject  to  control  by  ordi- 
nance of  the  city  of  Chicago  and  its  successors  regulating  the  speed 
of  electric  and  cable  railways. 

K 15.  Indemnity  clause.]  § 15.  The  said  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  defend  and 
save  harmless  the  city  of  Chicago  of  and  from  any  and  all  damages, 
judgments,  decrees  and  costs,  connected  therewith,  which  may  be  ren- 
dered against  said  city  by  reason  of  the  granting  of  the  rights  and 
privileges  herein  contained,  or  which  may  in  any  way  accrue  or  arise 
or  grow  out  of  the  exercise  by  the  said  Calumet  Electric  Street  Rail- 
way Company,  or  its  successors  or  assigns,  of  the  rights  and  privileges 
hereby  granted. 


1022 


STREET  RAILWAYS. 


[§  423 


T 16.  Acceptance.]  § 16.  This  ordinance  is  passed  upon  the 
express  agreement  and  understanding  that  the  said  company,  before 
availing  itself  of  any  of  the  rights  and  privileges  granted  by  this)  ordi- 
nance, shall  file  with  the  city  clerk  its  acceptance  of  all  the  terms  and 
conditions  of  this  ordinance. 

1"  17.  License  fee.]  § 17.  The  said  Calumet  Electric  Street 
Railway  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  (50)  dollars  and  no  more,  as  an 
annual  license  fee  for  each  and  every  car  used  by  said  company.  In 
computing  the  number  of  cars  upon  which  such  license  charge  may 
be  imposed,  thirteen  round  trips,  when  one  car  is  used  in  transporta- 
tion of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use  of  one 
car.  One-thirteenth  of  such  round'  trips  during  each  quarter  shall  be 
divided  by  the  number  of  days  in  such  quarter.  Such  quotient  shall  be 
the  number  of  cars  subject  to  such  license  fee.  The  president  or  other 
chief  officer  of  said  company  shall,  under  oath,  make  report  quarter 
yearly,  to  the  comptroller  of  the  city  of  Chicago,  of  the  whole  number 
of  cars  run  by  said  company  and  at  the  same  time  pay  to  said  comptrol- 
ler $12.50  for  each  car,  to  be  ascertained  as  above  prescribed  in  this 
section.  The  first  quarter  shall  begin  upon  the  first  day  upon  which 
the  company  shall  run  a car  for  the  carriage  of  passengers. 

1 18.  Bond.]  § 18.  The  said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall,  within  thirty  (30)  days  from 
the  passage  of  this  ordinance,  execute  a bond  to  the  said  city  of  Chi- 
cago in  the  penal  sum  of  twenty-five  thousand  (25,000)  dollars,  with 
satisfactory  sureties,  conditioned  to  indemnify  and  save  harmless  the 
city  of  Chicago  of  and  from  all  damages  which  may  accrue  or  rise  or 
grow  out  of  the  execise  by  the  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  of  the  privileges  hereby  granted,  said 
bond  to  be  subject  to  the  approval  of  the  city  comptroller  of  the  city 
of  Chicago. 

1 19.  When  in  force— bond— acceptance.]  § 19.  This  ordinance 
shall  take  effect  when  the  said  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  shall  file  with  the  city  clerk  the  bond 
herein  required  and  accept  in  writing  the  terms  and  conditions  of  this 
ordinance;  Provided,  that  if  the  said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall  not  file  an  aceptance  in  writ- 
ing within  thirty  (30)  days  from  the  passage  hereof,  then  this  ordinance 
shall  be  of  no  force  and  effect  and  all  rights  herein  granted  shall  ab- 
solutely cease  and  determine. 


§ 424] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1023 


§ 424.  Calumet  Electric  Street  Railway  company. 


If  1.  Grant. 

If  2.  Route. 

if  3.  Time  of  completion. 

Tf  4.  Conform  to  grades. 

if  5.  Style  of  rails — track,  how  laid. 

if  6.  Overhead  contact  wires — restoration  of  streets. 

if  7.  Feeder  wires. 

if  8.  Passenger  traffic — right  of  way. 

if  9.  Rate  of  fare — letter  carriers  to  ride  free. 

if  10.  Term  of  grant. 

if  11.  Restoration  of  streets. 

If  12.  Improvement  and  repair  of  streets, 
if  13.  Reservation  of  rights. 

"If  14.  Running  time— speed, 
if  15.  Indemnity  clause — bond. 

^f  16.  Acceptance, 
if  17.  License  fee. 
if  18.  When  in  force. 


An  ordinance  authorizing  the  Calumet  Electric  Street  Railway  company  to  ex- 
tend its  street  railway  on  One  Hundred  Nineteenth  (119th)  street,  from 
Emerald  avenue  west  to  Halsted  street ; thence  south  on  Halsted  street  to 
One  Hundred  Twenty-first  (121st)  street.  (Passed  February  18,  1895.  Ac- 
cepted March  19,  1895.) 

IT  1«  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  That  permission  and  authority  is  hereby  granted  to  the 

Calumet  Electric  Street  Railway  Company,  its  successors  and  assigns, 
to  construct  and  operate  a railroad  with  one  or  more  tracks,  not  ex- 
ceeding two,  to  be  operated  by  electricity,  with  such  tracks  for  turn- 
tables, turn-outs,  side  tracks  and  switches  as  said  company  may  deem 
necessary,  along  and  upon  certain  streets,  or  parts  of  streets,  in  the 
corporate  limits  in  the  city  of  Chicago  hereinafter  particularly  men- 
tioned, and  to  operate  said  railway  in  the  manner,  for  the  time,  and 
upon  the  conditions  hereinafter  prescribed. 

T 2.  Route.  § 2.  The  said  the  Calumet  Electric  Street  Railway 
Company,  or  its  successors  or  assigns,  is  hereby  authorized  to  lay  the 
tracks  with  all  necessary  turn-tables,  turn-outs,  side  tracks  and  switches, 
as  provided  in  the  first  section  of  this  ordinance,  along  and  upon  the 
following  streets  in  the  city  of  Chicago  : Beginning  at  the  intersection 
of  Emerald  avenue  and  One  Hundred  Nineteenth  (119th)  street,  thence 
west  on  said  One  Hundred  Nineteenth  (119th)  street  to  its  intersec- 
tion with  Halsted  street,  thence  south  on  Halsted  street  to  One  Hun- 
dred Twenty-first  (121st)  street. 

1 3.  Time  of  completion.]  § 3.  All  the  tracks  described  in 
section  2 of  this  ordinance  shall  be  laid,  constructed  and  in  operation 
within  six  (6)  months  from  the  date  when  this  ordinance  shall  take 
effect. 


If  said  company  shall  be  restrained  or  prevented  from  proceeding 
with  the  work  upon  said  railway  by  the  order  or  writ  of  any  court  of 
competent  jurisdiction,  the  time  during  which  said  company  shall  be 


1024  STREET  RAILWAYS.  [§  424 

so  delayed  shall  be  added  to  the  time  prescribed  for  the  completion 
of  said  work. 

The  city  of  Chicago  shall,  however,  have  the  right  to  intervene 
in  any  suit  for  an  injunction  or  order  to  restrain  said  company,  as  afore- 
said, with  all  the  rights  of  a party  to  such  proceeding,  and  move 
for  a dissolution  of  such  injunction  or  order,  and  the  time  which  may 
be  added  to  the  time  limited  for  the  completion  of  such  work  by  reason 
of  any  delay  as  aforesaid  shall  be  reckoned  only  from  the  time  when 
said  company  shall  have  given  notice  in  writing  to  the  corporation 
counsel  of  the  city  of  Chicago  of  the  institution  of  such  legal  proceed- 
ings. 

T 4.  Conform  to  grades.]  § 4.  The  said  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  in  the  construction 
of  the  said  railway  shall  conform  to  all  grades  in  the  streets  to  be  so 
traversed  by  said  railway  as  they  now  exist,  or  which  may  be  here- 
after adopted  by  the  city  of  Chicago. 

1 5.  Style  of  rails — track,  how  laid.]  § 5.  The  tracks  of  said 
railway  shall  be  constructed  of  side-bearing,  or  what  may  be  termed 
flat  rails,  not  to  be  elevated  above  the  surface  of  the  street,  and  shall 
be  made  of  the  standard  gauge  of  four  feet,  eight  and  one-half  inches, 
and  said  railway  tracks,  turn-outs,  side  tracks,  switches  and  turn-tables 
shall  be  so  laid  that  carriages  and  other  vehicles  can  easily  and  freely 
cross  said  track  or  tracks  at  any  and  all  points. 

The  said  track  or  tracks  shall  be  laid  under  the  supervision  of  the 
commissioner  of  public  works  of  the  city  of  Chicago.  It*  is  further 
provided,  that  said  track  or  tracks  at  all  intersections  of  streets  shall 
be  planked  between  the  rails. 

1 6.  Overhead  contact  wires — restoration  of  streets.]  § 6.  The 

cars  upon  said  railway  shall  be  propelled  by  electric  overhead  contact 
wires,  which,  together  with  the  necessary  feed  wires,  shall  be  suspended 
from  poles  set  within  the  curb  limits  of  the  street  on  either  side  there- 
of, or  from  bracket  poles  placed  in  the  center  of  the  streets  and  so 
adjusted  as  to  obstruct  the  public  use  of  the  streets  or  sidewalks 
as  little  as  possible.  Said  wires  shall  be  suspended  not  less  than  eight- 
een and  one-half  feet  above  the  rails,  and  the  said  poles  and  supports 
shall  be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen 
feet  apart,  except  at  the  intersection  of  streets  and  avenues  or  the 
crossings  of  railroad  tracks  when  the  said  distance  will  place  the  poles 
or  supports  on  intersecting  streets  or  avenues,  or  at  convenient  dis- 
tances for  such  crossings.  And,  in  the  event  that  some  more  favorable 
and  practical  method  of  furnishing  electricity  or  other  motive  power 
for  the  operation  of  said  road  be  discovered,  said  the  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  have  the 
right  or  may  be  required  by  the  city  council  of  the  City  of  Chicago 
to  adopt  such  more  favorable  or  practicable  method  of  furnishing 
motive  power  in  place  of  or  in  connection  with  the  use  of  said  electrical 


424]  calumet  electric  street  railway  company. 


i025 


overhead  contact  wires  when  the  same  is  approved  by  the  mayor  and 
the  commissioner  of  public  works. 

The  said  company  shall  have  the  right  to  connect  the  wires  herein 
authorized  with  the  wires  on  other  of  its  lines,  and  also  with  the 
generators  and  power  stations  which  it  may  be  convenient  to  use  in 
connection  therewith,  and  from  time  to  time  alter  and  change  such 
connections. 

Before  making  any  excavation  or  in  any  way  interfering  with 
the  surface  of  any  street  or  alley,  said  company  shall  obtain  from  the 
commissioner  of  public  works  a permit  therefor,  and  shall  also  deposit 
with  the  treasurer  of  the  city  of  Chicago  a sum  sufficient  to  cover 
the  cost  of  restoring  such  street  or  alley  to  its  former  condition  ac- 
cording  to  an  estimate  of  the  probable  cost  thereof,  to  be  made  by 
the  commissioner  of  public  works  in  each  case. 

1 7.  Feeder  wires.]  § 7.  Said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall  operate  said  railway  by  elec- 
tric-motor power,  except  in  case  of  accident  to  machinery  making  it 
necessary  that  said  cars  may  be  propelled  by  animal  power  for  a period 
not  exceeding  thirty  (30)  days  for  any  one  accident,  and  to  enable 
the  said  road  to  be  operated,  the  said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall  have  the  right  to  connect  the 
wires  herein  authorized  with  the  generator  or  power  station,  or  any 
station  or  car  houses  that  may  be  erected  along  the  line  of  said  rail- 
way. 

1 8.  Passenger  traffic— right  of  way.]  § 8.  The  cars  or  car- 
riages to  be  used  on  such  railway  shall  be  used  for  no  other  purpose 
lhan  to  carry  passengers  and  their  ordinary  baggage,  and  the  said 
cars  shall  be  entitled  to  the  track,  and  in  all  cases  where  any  team  or 
vehicle  shall  meet  or  be  overtaken  by  a car  upon  said  railway,  such 
team  or  vehicle  shall  give  way  to  said  car. 

T 9.  Rate  of  fare— letter  carriers  to  ride  free.]  § 9.  The 
rates  of  fare  for  any  continuous  and  regular  trip  from  one  point  to 
another  on  the  line  of  said  railway  shall  not  exceed  five  (5)  cents 
and  United  States  letter  carriers  in  uniform  shall  be  permitted  to  ride 
free. 

If  10.  Term  of  grant.]  § 10.  The  rights  and  privileges 
hereby  granted  the  said  Calumet  Electric  Street  Railway  Company, 
its  successors  or  assigns,  shall  continue  for  a period  of  twenty  (20) 
years  from  and  after  the  time  this  ordinance  shall  take  effect. 

If  11.  Restoration  of  streets.]  §11.  The  said  Calumet  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  do  no  perma- 
nent injury  to  any  street,  sidewalk,  alley  or  avenue,  nor  interfere  with 
any  water  pipe,  sewer  or  gas  pipe,  now  or  hereafter  laid  by  the  said 
city  of  Chicago,  but  in  construction  of  the  said  railway  shall  restore 
the  streets,  pavements,  sidewalk  or  ground  or  water  pipe,  sewer  or 
gas  pipe  to  a condition  equally  as  good  as  before  the  laying  of  said 


65 


1026 


STREET  RAILWAYS. 


[§  424 


railway,  at  the  expense  of  the  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  and  if  it,  its  successors  or  assigns,  as 
the  case  may  be,  shall  fail  or  refuse  so  to  do,  the  same  may  be  done  by 
the  city  of  Chicago,  and  it,  or  they,  as  the  case  may  be,  shall  be  liable 
for  the  cost  thereof. 

1 12.  Improvement  and  repair  of  streets.]  § 12.  The  said 

Calumet  Electric  Street  Railway  Company,  its  successors  or  assigns, 
as  respects  the  grading,  paving,  macadamizing,  planking  and  repairing 
or  using  of  the  aforesaid  streets  and  avenues,  shall  at  its  own  cost  and 
expense  keep  sixteen  (16)  feet  in  good  repair  and  condition  during  all 
the  time  to  which  the  privilege  hereby  granted  shall  extend,  in  accord- 
ance with  the  orders  and  regulations  of  the  commissioner  of  public 
works  of  said  city.  And  when  any  new  improvements  of  any  char- 
acter shall  be  ordered  by  the  city  council  of  said  city,  said  Calumet 
Electric  Street  Railway  Company,  its  successors  or  assigns,  at  its  own 
cost  and  expense,  shall,  in  the  manner  required  by  the  city  authori- 
ties, make  such  improvements  for  the  width  of  sixteen  (16)  feetL  said 
sixteen  (16)  feet  to  include  the  said  tracks  as  laid  in  streets  and  ave- 
nues. And  if  the  said  Calumet  Electric  Street  Railway  Company,  its 
successors  or  assigns,  shall  neglect  or  fail  to  make  any  repairs  or 
improvements  as  aforesaid,  for  the  space  of  twenty  (20)  days  after 
notice  so  to  do  from  the  commissioner  of  public  works  or  other 
proper  officer  of  said  city  to  any  officer,  agent  or  employe  of  said 
Calumet  Electric  Street  Railway  Company,  or  its  successors  or  assigns, 
then  and  in  such  case  the  city  may,  at  its  option,  do  the  same  at  the 
cost  and  expense  of  said  company. 

T 13.  Reservation  of  rights.]  § 13.  Nothing  herein  contained 
shall  impair  or  abridge  the  rights  of  the  city  to  dig  up  or  open  said 
streets  or  avenues  or  any  portion  thereof,  and  to  temporarily  remove 
said  tracks  and  roadbed  for  the  purpose  of  laying  sewers  or  water 
pipes,  or  making  any  similar  improvements,  or  of  repairing  the  same. 
And  when  the  city  shall  for  any  cause  thus  remove  said  tracks  and 
roadbed,  the  cost  of  such  removal  and  of  relaying  the  same  shall 
be  paid  by  said  company,  and  the  amount  of  such  cost  shall  be  deemed 
secured  by  the  bond  herein  provided  for. 

IT  14.  Running  time— speed.]  § 14.  This  ordinance  is  granted 
upon  the  express  condition  that  trains  shall  be  run  upon  each  track 
constructed  by  said  Calumet  Electric  Street  Railway  Company,  its 
successors  or  assigns,  at  least  once  per  each  half  hour  between  the 
hours  of  six  (6)  a.  m.  and  twelve  (12)  p.  m.,  except  when  delay  is 
caused  through  unavoidable  accident,  breakage  of  machinery,  or  other 
cause  beyond  the  control  of  said  Calumet  Electric  Street  Railway 
Company,  its  successors  or  assigns;  and  the  speed  of  all  trains  to  be 
operated  by  virtue  of  this  ordinance  shall  be  subject  to  control  by 
ordinance  of  the  city  of  Chicago  and  its  successors,  regulating  the 
speed  of  electric  and  cable  railways. 


§ 424]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1027 


If  15.  Indemnity  clause — bond.]  § 15.  The  said  Calumet  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  shall  defend 
and  save  harmless  the  city  of  Chicago  of  and  from  any  and  all  damages, 
judgments,  decrees  and  costs,  connected  therewith,  which  may  be 
rendered  against  said  city  by  reason  of  the  granting  of  the  rights 
and  privileges  herein  contained,  or  which  may  in  any  way  accrue  or 
arise  or  grow  out  of  the  exercise  by  the  said  Calumet  Electric  Street 
Railway  Company,  or  its  successors  or  assigns,  of  the  rights  and 
privileges  hereby  granted. 

Said  company  shall,  within  the  time  limited  for  the  acceptance 
of  this  ordinance,  file  with  the  city  clerk  a bond  payable  to  the  city 
of  Chicago  in  the  penal  sum  of  twenty-five  thousand  dollars  ($25,000), 
with  sureties  to  be  approved  by  the  mayor,  conditioned  for  the  faithful 
performance  and  observance  by  said  company  of  all  the  conditions 
and  provisions  of  this  ordinance. 

1"  16.  Acceptance.]  § 16.  This  ordinance  is  passed  upon  the 
express  agreement  and  understanding  that  the  said  company,  before 
availing  itself  of  any  of  the  rights  and  privileges  granted  by  this  ordi- 
nance, shall  file  with  the  city  clerk  its  acceptance  of  all  the  terms  and 
conditions  of  this  ordinance. 

*[f  17.  License  fee.]  § 17.  The  said  Calumet  Electric  Street 
Railway  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  dollars  ($50)  and  no 
more,  as  an  annual  license  fee  for  each  and  every  car  used  by  said 
company.  In  computing  the  number  of  cars  upon  which  such  license 
charge  may  be  imposed,  thirteen  (13)  round  trips,  when  one  car  is 
used  in  transportation  of  passengers,  shall  be  taken  as  equivalent  to 
one  day’s  use  of  one  car;  one-thirteenth  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter. 
Such  quotient  shall  be  the  number  of  cars  subject  to  such  license 
fee.  The  president  or  other  chief  officer  of  said  company  shall,  under 
oath,  make  report  quarter-yearly  to  the  comptroller  of  the  city  of 
Chicago  of  the  whole  number  of  cars  run  by  said  company,  and  at  the 
same  time  pay  to  said  comptroller  $12.50  for  each  car,  to  be  ascer- 
tained as  above  prescribed  in  this  section.  The  first  quarter  shall 
begin  upon  the  first  day  upon  which  the  company  shall  run  a car 
for  the  carriage  of  passengers. 

1"  18.  When  in  force.]  § 18.  This  ordinance  shall  take  effect 
when  the  said  Calumet  Electric  Street  Railway  Company,  its  succes- 
sors or  assigns,  shall  file  with  city  clerk  the  bond  herein  required, 
and  accept  in  writing  the  terms  and  conditions  of  this  ordinance; 
provided,  that  if  the  said  Calumet  Electric  Street  Railway  Company, 
its  successors  or  assigns,  shall  not  file  an  acceptance  in  writing  witnin 
thirty  (30)  days  from  the  passage  hereof,  then  this  ordinance  shall 
be  of  no  force  and  effect,  and  all  rights  herein  granted  shall  absolutely 
cease  and  determine. 


1028 


STREET  RAILWAYS. 


[§  425 


§ 425.  Calumet  Electric  Street  Railway  company. 


TT  1.  Grant — route. 

^ 2.  Time  of  completion. 

IT  3.  Conform  to  grades— paving  and  repair  of  streets. 

nt  4.  Construction  of  tracks. 

nf  5.  Overhead  contact  wires — feeder  wires. 

nt  6.  Service  limited — right  of  way — heating  of  cars. 

^ 7.  Rate  of  fares — transfers — carry  police  and  firemen  free, 
nt  8.  Term  of  grant, 
nt  9.  Restoration  of  streets, 
nt  10.  Reservation  of  rights. 

^ 11.  Indemnity  clause, 
nt  12.  License  fee. 
nt  13.  Acceptance — bond. 

An  ordinance  authorizing  the  Calumet  Electric  Street  Railway  company  to  ex- 
tend its  line  of  street  railway  as  follows:  Beginning  at  a connection  with  the 
tracks  of  said  company  at  the  intersection  of  South  Chicago  avenue  and 
Eighty-third  street;  thence  east  on  Eighty-third  street  to  its  intersection 
with  Bond  avenue ; thence  north  and  northwesterly  on  Bond  avenue  to  its 
intersection  with  Cheltenham  place ; thence  northeasterly  on  Cheltenham 
place  to  an  intersection  with  Lake  avenue  extended;  thence  northwesterly 
on  Lake  avenue  extended,  eight  hundred  and  forty  (840)  feet  to  its  intersecti  n 
with  Seventy-eighth  street;  thence  southwesterly  on  Seventy-eighth  street 
to  its  intersection  with  Railroad  avenue ; thence  northwesterly  on  Railroad 
avenue  to  its  intersection  with  Seventy- third  street;  thence  west  on  Seventy- 
third  street  to  its  intersection  with  Stony  Island  avenue,  making  a connec- 
tion with  the  tracks  now  on  said  avenue ; also  beginning  at  the  intersection 
of  the  south  line  of  Ninety-third  street  and  Erie  avenue,  thence  north  on 
Erie  avenue  to  Eighty-seventh  street,  thence  northwesterly  on  Baltimore 
avenue  to  its  intersection  with  Eighty- third  street,  making  connection  with 
the  tracks  herein  provided  for  on  Eighty-third  street  Also  beginning  at  a 
connection  with  the  tracks  herein  provided  for  at  the  intersection  of  Escanaba 
avenue,  formerly  Edwards  avenue,  and  Eighty-third  street ; thence  north  on 
Escanaba  avenue,  formerly  Edwards  avenue,  to  its  intersection  with  Rail- 
road avenue ; thence  to  a connection  with  the  tracks  herein  provided  for  on 
Railroad  avenue;  also  beginning  at  a connection  with  the  tracks  of  the  Calu- 
met Electric  Street  Railway  company  at  Commercial  avenue  and  Ninety-first 
street;  thence  east  on  Ninety- first  street  to  Mackinaw  avenue,  making  con- 
nection with  existing  tracks  of  the  Calumet  Electric  Street  Railway  com- 
pany. Also  beginning  at  a connection  with  the  tracks  on  Seventy-fifth  street 
at  its  intersection  with  St.  Lawrence  avenue ; thence  north  on  St.  Lawrence 
avenue  to  its  intersection  with  Sixty-sixth  street ; thence  west  on  Sixty-sixth 
street  to  its  intersection  with  South  Park  avenue.  Also  beginning  at  the 
intersection  of  Sixty-seventh  street  and  South  Park  avenue ; thence  north  on 
South  Park  avenue  to  its  intersection  with  the  South  line  of  Sixty-third  street, 
making  connection  with  the  tracks  herein  provided  for  on  Sixty-sixth  street ; 
also  beginning  at  a connection  with  the  tracks  on  Seventy-fifth  street  at  its 
intersection  with  Eggleston  avenue,  formerly  Dickey  street;  thence  west  on 
Seventy-fifth  street  to  its  intersection  with  Parnell  avenue,  formerly  Honore 
street ; thence  south  on  Parnell  avenue  to  its  intersection  with  Seventy-sixth 
street ; thence  west  on  Seventy-sixth  street  to  the  west  line  of  Halsted  street ; 
also  beginning  at  the  intersection  of  Avenue  “N”  and  Ninety-fifth  street ; 
thence  south  on  Avenue  “N”  to  its  intersection  with  Ninety-eighth  street; 
thence  east  on  Ninety-eighth  street  to  its  intersection  with  Avenue  “L.” 


•[f  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby  granted 
to  the  Calumet  Electric  Street  Railway  Company,  its  successors  and 


425]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1029 


assigns,  to  construct  and  operate,  under  the  conditions  hereinafter 
provided,  an  extension  of  its  line  of  street  railway,  to  be  operated  by 
electricity,  with  one  or  not  to  exceed  two  main  tracks,  and  the  neces- 
sary curves,  connections  with  the  tracks  now  existing  and  herein  pro- 
vided for,  cross-overs  and  turn-outs  over,  along  and  upon  the  follow- 
ing streets  and  avenues  in  the  city  of  Chicago,  county  of  Cook  and 
state  of  Illinois,  to  wit:  Beginning  at  a connection  with  the  tracks  of 
said  company  at  the  intersection  of  South' Chicago  avenue  and  Eighty- 
third  street;  thence  east  on  Eighty-third  street  to  its  intersection  with 
Bond  avenue;  thence  north  and  northwesterly  on  Bond  avenue  to  its 
intersection  with  Cheltenham  place;  thence  northeasterly  on  Chelten- 
ham place  to  an  intersection  with  Lake  avenue  extended;  thence 
northwesterly  on  Lake  avenue  extended  eight  hundred  and  forty  (840) 
feet  to  its  intersection  with  Seventy-eighth  street;  thence  southwesterly 
on  Seventy-eighth  street  to  its  intersection  with  Railroad  avenue; 
thence  northwesterly  on  Railroad  avenue  to  its  intersection  with  Sev- 
enty-third street;  thence  west  on  Seventy-third  street  to  its  intersection 
with  Stony  Island  avenue,  making  a connection  with  the  tracks  now 
on  said  avenue;  also  beginning  at  the  intersection  of  the  south  line  of 
Ninety-third  street  and  Erie  avenue,  thence  north  on  Erie  avenue  to 
87th  street;  thence  northwesterly  on  Baltimore  avenue  to  its  intersec- 
tion with  Eighty-third  street,  making  connection  with  the  tracks  herein 
provided  for  on  Eighty-third  street.  Also  beginning  at  a connection 
with  the  tracks  herein  provided  for  at  the  intersection  of  Escanaba 
avenue,  formerly  Edward's  avenue,  and  83rd  street;  thence  north  on 
Escanaba  avenue,  formerly  Edwards  avenue,  to  its  intersection  with 
Railroad  avenue;  thence  to  a connection  with  the  tracks  herein  pro- 
vided for  on  Railroad  avenue.  Also  beginning  at  a connection  with 
the  tracks  of  the  Calumet  Electric  Street  Railway  Company  at  Com- 
mercial avenue  and  Ninety-first  street;  thence  east  on  Ninety-first 
street  to  Mackinaw  avenue,  making  connection  with  existing  tracks 
of  the  Calumet  Electric  Street  Railway  Company.  Also  beginning 
at  a connection  with  the  tracks  on  Seventy-fifth  street  at  its  inter- 
section with  St.  Lawrence  avenue;  thence  north  on  St.  Lawrence  ave- 
nue to  its  intersection  with  Sixty-sixth  street;  thence  west  on  Sixty- 
sixth  street  to  its  intersection  with  South  Park  avenue.  Also  begin- 
ning at  the  intersection  of  Sixty-seventh  street  and  South  Park  ave- 
nue; thence  north  on  South  Park  avenue  to  its  intersection  with  the 
south  line  of  Sixty-third  street,  making  connection  with  the  tracks 
herein  provided  for  on  Sixty-sixth  street;  also  beginning  at  a con- 
nection with  the  tracks  on  Seventy-fifth  street  at  its  intersection  with 
Eggleston  avenue,  formerly  Dickey  street;  thence  west  on  Seventy- 
fifth  street  to  its  intersection  with  Parnell  avenue,  formerly  Plonore 
street;  thence  south  on  Parnell  avenue  to  its  intersection  with  Seventy- 
sixth  street;  thence  west  on  Seventy-sixth  street  to  the  west  line  of 
Halsted  street;  also  beginning  at  the  intersection  of  Avenue  “N”  and 
Ninety-fifth  street;  thence  south  on  Avenue  “N”  to  its  intersection 


1030 


STREET  RAILWAYS, 


[§  425 


with  Ninety-eighth  street;  thence  east  on  Ninety-eighth  street  to  its 
intersection  with  Avenue  “L”;  thence  south  on  Avenue  “L ” to  its  in- 
tersection with  One  Hundred  and  Eighth  street;  thence  east  on  One 
Hundred  and  Eighth  street  to  the  Indiana  state  line.  Also  beginning 
at  the  intersection  of  Avenue  “F,”  formerly  “E,”  and  One  Hundred 
and  Eighth  street;  thence  north  on  Avenue  “F,”  formerly  “E,”  to  its 
intersection  with  One  Hundred  and  Third  street;  thence  west  on  One 
Hundred  and  Third  street  to  its  intersection  with  Avenue  “L”;  also 
commencing  at  the  intersection  of  Michigan  avenue  and  One  Hun- 
dred and  Third  street;  thence  west  on  One  Hundred  and  Third  street 
to  its  intersection  with  Vincennes  road  (also  called  Vincennes  ave- 
nue) in  the  city  of  Chicago. 

IT  2.  Time  of  completion.]  § 2.  All  of  the  main  tracks  de- 
scribed by  section  1 of  this  ordinance  (except  that  on  Eighty-third 
street  and  that  on  One  Hundred  and  Third  street  west  from  Michigan 
avenue  to  said  Vincennes  road),  shall  be  laid,  constructed  and  in  opera- 
tion within  one  year  from  the  date  when  this  ordinance  shall  take 
effect.  One  of  the  main  tracks  described  by  section  1 of  this  ordi- 
nance, to  be  laid  on  Eigthy-third  street,  shall  be  laid  within  six  months 
from  the  date  when  this  ordinance  shall  take  effect,  and  the  other  main 
track  on  Eighty-third  street  shall  be  laid  as  soon  as  the  south  half  of 
Eighty-third  street  shall  be  open  between  Yates  avenue  and  Jeffery 
avenue;  said  main  tracks  on  One  Hundred  and  Third  street,  from 
Michigan  avenue  west  to  said  Vincennes  road,  shall  be  laid,  constructed 
and  in  operation  within  four  months  from  the  date  when  this  ordi- 
nance shall  take  effect:  Provided,  that  if  all  the  tracks  authorized 

to  be  built  by  section  1 of  this  ordinance  are  not  constructed  within 
two  years  from  the  date  of  the  acceptance  of  this  ordinance,  the  right 
to  lay  the  tracks  not  then  constructed  shall  be  forfeited;  also  provided, 
further,  that  if  the  said  company,  or  its  successors  or  assigns,  shall 
be  restrained  or  prevented  by  any  court  of  competent  jurisdiction  from 
proceeding  with  the  work  upon  the  street  wherein  authority  is  hereby 
given  to  construct  and  operate  a railroad,  the  time  during  which  it 
may  be  so  delayed  shall  be  added  to  the  time  herein  prescribed  for  the 
completion  of  such  railroad  tracks.  The  city  of  Chicago,  however, 
shall  have  the  right  to  intervene  in  any  suits  for  injunction  to  restrain 
said  company  and  move  for  the  dissolution  of  an  injunction  in  case 
suit  shall  be  deemed  collusive,  or  for  the  purpose  of  delay  or  extending 
the  time  for  the  completion  of  such  railroad  tracks. 

If  3.  Conform  to  grades — paving  and  repair  of  streets,]  § 3. 

Said  railroad  shall  conform  to  all  grades  of  the  streets  so  traversed 
by  said  railway  tracks  as  such  grades  now  exist,  or  as  they  may  be 
hereafter  adopted  by  the  city  of  Chicago. 

If  4.  Construction  of  tracks.]  § 4.  The  railroad  tracks  by  this 
ordinance  authorized  to  be  laid  shall  be  constructed  of  side-bearing, 
or  what  may  be  termed  flat  top  or  girder  rail,  not  to  be  elevated  above 


§ 425]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY.  1031 

the  surface  of  the  street;  they  shall  be  laid  to  the  standard  gauge  of 
four  feet  eight  and  one-half  inches;  the  said  railway  tracks,  turn-outs, 
cross-overs,  side-tracks,  switches  and  turn-tables  shall  be  so.  laid  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  said  tracks  at 
any  and  all  points. 

All  tracks  at  all  intersections  of  streets  shall  be  paved  befween 
the  rails,  and  said  track  shall  be  laid  under  the  supervision  of  the 
commissioner  of  public  works  of  the  city  of  Chicago. 

The  said  company,  as  to  the  streets  and  parts  of  streets  on  which  its 
said  tracks  may  be  laid,  shall  keep  in  good  repair,  and  condition  six- 
teen feet  in  width  where  its  track  shall  be  laid  in  accordance  with  what- 
ever order,  ordinance  or  regulation  may  be  passed  or  adopted  by  the 
city  of  Chicago  in  relation  to  such  repairing,  and  when  any  such  street 
is,  by  the  city,  ordered  to  be  paved,  said  company  shall  pave  said 
width  of  sixteen  feet  where  its  tracks  shall  be  laid,  with  such  pave- 
ment as  is  required  for  the  remainder  of  the  street,  and  afterwards 
at  all  times  keep  the  same  in  repair  while  said  tracks  shall  occupy 
said  street.  Provided,  however,  that,  with  the  consent  of  the  com- 
missioner of  public  works,  said  company  may  pave,  with  stone  or 
vitrified  brick,  that  part  of  the  street  which  it  is  hereby  required  to 
pave. 

1 5.  Overhead  contact  wires— feeder  wires.]  § 5.  The  cars 
upon  said  railway  shall  be  propelled  by  electric  overhead  contact 
wires,  which,  together  with  the  necessary  feed  wires,  shall  be  suspended 
from  poles  set  within  the  curb  limits  of  the  street  on  either  side  thereof, 
or  from  bracket  poles  placed  in  the  center  of  the  streets,  and  so  ad- 
justed as  to  obstruct  the  public  use  of  the  streets  or  sidewalks 
as  little  as  possible.  Said  wires  shall  be  suspended  not  less  than  eight- 
een and  one-half  feet  above  the  rails  and  the  said  poles  and  supports 
shall  be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen 
feet  apart,  except  at  the  intersection  of  streets  and  avenues  or  the 
crossings  of  railroad  tracks,  when  the  said  distance  will  place  the 
poles  or  supports  on  intersecting  streets  or  avenues,  or  at  convenient 
distances  for  such  crossings.  And  in  the  event  that  some  less  objec- 
tionable and  practicable  method  for  furnishing  electricity  or  other  mo- 
tive power  for  the  operation  of  said  road  be  discovered,  said  railroad 
company,  its  successors  or  assigns,  shall  have  the  right  or  may  be  re- 
quired by  the  city  council  of  the  city  of  Chicago  to  adopt  such  less  ob- 
jectionable or  practicable  method  of  furnishing  its  motive  power  in 
place  of  or  in  connection  with  the  use  of  said  electrical  over-head  con- 
tact wires  when  the  same  is  approved  by  the  mayor  and  commissioner 
of  public  works. 

The  said  company  shall  have  the  right  to  connect  the  wires  herein 
authorized  with  the  wires  on  other  of  its  lines,  and  also  with  the  gen-  * 
erators  and  power  station  which  it  may  be  convenient  to  use  in  con- 
nection therewith,  and  from  time  to  time  to  alter  and  change  such  con- 
nections. 


1032 


STREET  RAILWAYS. 


[§  425 


If  6.  Service  limited — right  of  way— heating  of  cars.]  § 6. 

The  cars  or  carriages  to  be  used  on  said  railway  shall  be  used  for  no 
other  purpose  than  the  carrying  of  passengers  and  their  ordinary  bag- 
gage, and  the  said  cars  shall  be  entitled  to  the  track,  and  in  all  cases 
where  any  team  or  vehicle  shall  meet  or  be  overtaken  by  a car  upon 
said  railway,  such  team  or  vehicle  shall  give  way  to  said  car. 

The  cars  upon  the  railway  hereby  authorized  shall  be  provided 
during  the  months  of  November  to  March,  inclusive,  of  each  yea^  with 
a heating  apparatus  to  be  selected  by  said  company,  which  shall  be 
reasonably  effective  in  heating  said  cars,  and  said  apparatus  shall  be 
operated  at  such  times  during  said  months  as  the  weather  shall  re- 
quire, and  on  all  cars  both  day  and  night. 

T 7.  Rate  of  fare — transfers — carry  police  and  firemen  free.] 
§ 7.  The  rate  of  fare  shall  not  exceed  5 cents  for  one  continuous  trip 
from  one  point  on  the  line  of  said  railway  company  to  another,  and 
transfers  shall  be  furnished  free  of  charge  to  passengers  who  have  paid 
fare  at  the  intersection  of  all  divisions  of  said  railway  lines;  provided, 
that  policemen,  and  firemen  in  the  employ  of  the  city  of  Chicago  in 
uniform  shall  ride  free. 

1 8.  Term  of  grant.]  § 8.  The  rights  and  privileges  hereby 
granted  to  said  The  Calumet  Electric  Street  Railway  Company,  its  suc- 
cessors or  assigns,  shall  continue  during  the  life  of  the  ordinance  here- 
tofore granted  to  the  Calumet  Electric  Street  Railway  Company. 

1"  9.  Restoration  of  streets.]  * § 9.  The  said  railway  company, 
or  its  successors  or  assigns,  shall  do  no  permanent  injury  to  said 
streets,  sidewalks,  alleys  or  avenues,  or  interfere  with  any  water  pipe, 
sewer  or  gas  pipe  now  or  hereafter  laid  by  the  city  of  Chicago,  and  in 
the  construction  of  said  line  of  railway,  shall  restore  the  streets,  pave- 
ments, sidewalks  and  ground  or  water  pipes,  sewer  or  gas  pipe,  to  a 
condition  equally  as  good  as  before  the  laying  of  the  said  railroad  at 
its  own  cost  and  expense,  and  if  it,  or  its  successors  or  assigns,  as  the 
case  may  be,  shall  fail  or  refuse  so  to  do,  the  same  may  be  done  by  the 
city  of  Chicago,  and  said  company  shall  be  liable  for  the  cost  thereof. 

1"  10.  Reservation  of  rights,]  § 10.  Nothing  herein  contained 
shall  impair  or  abridge  the  right  of  the  city  to  dig  up  or  open  said 
streets  or  avenues  or  any  portion  thereof,  and  tempqrarily  remove 
said  tracks  and  road  bed  for  the  purpose  of  laying  sewers  or  water 
pipes  or  making  any  similar  improvements  or  repairing  the  same. 

IF  11.  Indemnity  clause.]  § 11.  The  said  street  railway  com- 
pany, its  successors  or  assigns,  shall  defend  and  save  harmless  the 
city  of  Chicago  of  and  from  all  damages,  judgments,  decrees  and  costs 
connected  therewith,  that  may  be  rendered  against  said  city  by  reason 
^of  the  granting  of  the  rights  and  privileges  herein  granted  to  it,  or 
'which  may  in  any  manner  accrue  or  arise  or  grow  out  of  its  exercise 
of  the  rights  and  privileges  hereby  granted. 

T 12.  License  fee  ] § 12.  Said  street  railw  ay  company  shall 


§ 425]  CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1033 


be  liable  for  and  pay  into  the  treasury  of  the  city  of  Chicago,  for  the 
use  of  said  city,  the  sum  of  fifty  (50)  dollars  and  no  more,  as  an  annual 
license  fee  for  each  and  every  car  used  by  the  said  company.  In 
computing  the  number  of  cars  upon  which  such  license  charge  may 
be  imposed,  thirteen  round  trips,  when  more  than  one  car  is  used 
in  the  transportation  of  passengers,  shall  be  taken  as  equivalent  to  one 
day’s  use  of  one  car.  One-thirteenth  of  such  round  trips  during  each 
quarter  shall  be  divided  by  the  number  of  days  in  such  quarter,  and 
the  quotient  shall  be  the  number  of  cars  .subject  to  such  license  fee. 

The  president,  or  other  officers  of  said  company,  shall,  under  oath, 
make  reports  quarter-yearly  to  the  comptroller  of  the  city  of  Chi- 
cago, of  the  whole  number  of  cars  run  by  it,  and  at  the  same  time  pay 
to  said  comptroller  twelve  dollars  and  fifty  cents  ($12.50)  for  each 
car,  to  be  ascertained  as  above  prescribed  in  this  section.  The  first 
quarter  shall  begin  on  the  first  day  upon  which  said  company  shall 
run  a car  or  cars  for  the  carriage  of  passengers. 

T 13.  Acceptance — bond.]  § 13.  The  said,  The  Calumet  Elec- 
tric Street  Railway  Company  shall  within  thirty  days  from  the  pas- 
sage of  this  ordinance  accept  in  writing  the  terms  and  conditions  of 
this  ordinance  in  relation  to  the  tracks  authorized  to  be  constructed 
by  the  first  section  hereof,  and  shall  within  the  said  period  of  thirty 
days  from  the  passage  of  this  ordinance,  execute  and  file  with  the  city 
clerk,  its  bond  with  satisfactory  sureties,  approved  by  the  city  comp- 
troller of  the  city  of  Chicago,  in  the  penal  sum  of  fifty  thousand 
(50,000)  dollars,  conditioned  to  indemnify  and  save  harmless  the  city 
of  Chicago  of  and  from  all  damages  that  may  accrue,  arise  or  grow  out 
of  the  exercise  by  said  company,  or  its  successors  or  assigns,  of  the 
rights  and  privileges  granted  by  the  first  section  of  this  ordinance. 
Unless  such  written  acceptance  and  such  bond  shall  be  filed  within 
thirty  days  from  the  passage  of  this  ordinance,  all  the  rights  and  priv- 
ileges granted  by  section  1,  herewith,  shall  absolutely  cease  and  de- 
termine and  be  null  and  void. 

Note. — See  following  agreement. 

Agreement  of  the  Calumet  Electric  Street  Railway  Company,  dated 
November  18th,  1895.  Presented  to  the  city  council  by  the  mayor 
and  ordered  published  and  placed  on  file  on  the  18th  day  of  November, 
A.  D.  1895. 

THIS  AGREEMENT 

Made  and  entered  into  this  18th  day  of  November,  A.  D.  1895,  witnesseth. 

That  Whereas,  On  the  11th  day  of  November,  A.  D.  1895,  the  city  council 
of  the  city  of  Chicago  passed  an  ordinance  authorizing  the  Calumet  Electric 
Street  Railway  Company  to  extend  its  line  of  street  railway  in,  through  and 
along  certain  public  streets  and  highways  of  the  city  of  Chicago,  which  are 
more  particularly  specified  and  set  forth  in  said  ordinance  (said  ordinance 
being  published  on  pages  1253  to  1258  inclusive  of  the  printed  proceedings  of 
said  city  council  of  November  11th,  1895);  and 

Whereas,  Among  other  streets  authorized  in  and  by  said  ordinance  to  be 


1034 


STREET  RAILWAYS. 


[§  425 


used  for  the  purposes  of  said  railway  company  is  103d  street  from  its  inter- 
section with  Michigan  avenue  to  its  intersection  with  Vincennes  avenue;  and 

Whereas,  It  has  been  brought  to  the  attention  of  the  mayor  of  the  city 
of  Chicago  that  on  May  2,  1893,  the  Englewood  and  Chicago  Electric  Street 
Railway  Company  under  an  ordinance  passed  by  the  city  council  of  the  city 
of  Chicago  on  that  day  was  given  the  right  to  construct  and  use  one  or  more 
lines  of  street  railway  in  said  103d  street,  between  Vincennes  avenue  and 
Michigan  avenue;  and 

Whereas,  It  is  claimed  by  the  said  Calumet  Electric  Street  Railway  Com- 
pany that  the  rights  granted  to  said  Englewood  and  Chicago  Electric  Street 
Railway  Company  have  lapsed  and  no  longer  exist;  and 

Whereas,  The  mayor  of  the  city  of  Chicago  is  unwilling  that  four  street 
car  tracks  should  be  constructed  and  operated  in  and  along  said  103d  street 
between  the  points  named,  and  is  unwilling  that  more  than  one  company 
should  have  the  right  to  use  and  occupy  said  street,  or  any  portion  thereof, 
between  the  points  named  for  street  railway  purposes;  and 

Whereas,  The  said  Mayor  of  the  city  of  Chicago  is  unwilling  to  approve 
said  ordinance  without  the  same  shall  provide  for  a compensation  to  be  paid 
to  the  city  of  Chicago  for  the  privileges  under  said  ordinance  granted  by  said 
city  to  said  company; 

Now,  therefore,  In  consideration  that  the  said  Mayor  of  the  city  of  Chi- 
cago shall  approve  said  ordinance  of  the  Calumet  Electric  Street  Railway 
Company,  passed  on  November  11,  1895,  and  that  he  shall  not  return  the  same 
to  the  city  council  of  the  city  without  his  approval,  the  said  undersigned  Cal- 
umet Electric  Street  Railway  Company  hereby  covenants  and  agrees  on  its 
part  to  pay  to  the  city  of  Chicago  the  sum  of  fifty  thousand  ($50,000)  dollars 
in  manner  following,  to-wit: 

It  will  pay  the  sum  of  one  thousand  ($1,000)  dollars  on  the  first  day  of 
December,  A.  D.  1895,  and  a like  sum  on  the  first  day  of  December  of  each 
and  every  year  thereafter  for  the  period  of  five  (5)  years,  to  wit;  until  five 
payments  of  one  thousands  ($1,000)  dollars  each  have  been  made. 

It  will  pay  the  sum  of  two  thousand  ($2,000)  dollars  on  the  first  day  of 
December,  A.  D.,  1900,  and  a like  sum  on  the  first  day  of  December  of  each 
and  every  year  thereafter  for  the  period  of  five  (5)  years,  to-wit:  until  five 
payments  of  two  thousand  ($2,000)  dollars  each  have  been  made. 

It  will  pay  the  sum  of  three  thousand  ($3,000)  dollars  on  the  first  day  of 
December,  A.  D.  1905,  and  a like  sum  on  the  first  day  of  December  of  each 
and  every  year  thereafter  for  the  period  of  five  (5)  years,  to-wit:  until  five  pay- 
ments of  three  thousand  ($3,000)  dollars  each  have  been  made. 

It  will  pay  the  sum  of  four  thousand  ($4,000)  dollars  on  the  first  day  of 
December,  A.  D.  1910,  and  a like  sum  on  the  first  day  of  December  of  each 
and  every  year  thereafter  for  the  period  of  five  (5)  years,  to-wit:  until  five 
payments  of  four  thousand  ($4,000)  dollars  each  have  been  made. 

It  is  further  expressly  agreed  that  if  there  shall  be  any  default  in  making 
payment  of  any  of  the  above  named  sums  on  the  day  that  the  same  become 
due,  and  if  such  default  shall  continue  for  the  space  of  ninety  (90)  days  then, 
and  in  that  case,  all  the  rights,  privileges  and  immunities  by  said  oidinance 
granted  to  said  company  shall  at  once  absolutely  cease  and  determine,  and 
said  ordinance  shall  thereafter  have  no  further  force  or  effect  in  favor  of  said 
company. 

Said  Calumet  Electric  Street  Railway  Company  agrees  to  hold  all  rights 
attempted  to  be  conferred  upon  it  by  said  ordinance,  so  far  as  the  same  re- 
late to  103d  street,  subject  to  whatever  prior  rights  the  said  Englewood  and 
Chicago  Electric  Street  Railway  Company  has  in  and  to  said  street  under 
its  ordinance  passed  May  2,  1893;  and  said  Calumet  Electric  Street  Railway 
Company  agrees  not  to  construct,  or  attempt  to  construct,  any  railroad  tracks 
in  said  103d  street  without  the  consent  and  permission  of  the  commissioner 
of  public  works  until  it  shall  first  be  judicially  and  finally  ascertained  and 
determined  that  the  rights  of  said  Englewood  and  Chicago  Electric  Street 


§ 426] 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 


1035 


Railway  Company  in  and  to  said  street  have  lapsed  and  determined;  but 
should  the  commissioner  of  public  works  determine  to  permit  the  construc- 
tion in  said  street  of  the  tracks  of  said  Calumet  Electric  Street  Railway  Com- 
pany before  such  adjudication  shall  be  had,  then  said  company  agrees  to  at 
once  remove  said  tracks  upon  any  final  judicial  determination  of  the  rights 
of  said  Englewood  and  Chicago  Electric  Railway  Company  in  favor  of  said 
last  named  company,  and  in  case  said  company  shall  refuse  to  remove  such 
tracks,  the  commissioner  of  public  works  shall  be,  and  is  hereby,  authorized 
to  cause  the  same  to  be  at  once  removed. 

The  undersigned  further  agrees  that  the  second  paragraph  of  section  four 
(4)  shall  be  construed  and  be  made  to  read  as  follows,  it  -being  admitted  that 
such  is  the  true  meaning  of  said  paragraph: 

“All  tracks  at  all  intersection  of  street  shall  be  paved  between  the  rails 
“and  also  between  the  tracks  wherever  there  are  two  or  more  tracks  at  any 
“such  street  intersection. 

“All  tracks  shall  be  laid  and  all  paving  shall  «be  done  under  the  super- 
vision of  the  commissioner  of  public  works  of  the  city  of  Chicago.” 

In  witness  whereof,  the  said  •Calumet  Electric  Street  Railway  Company 
has  caused  these  presents  to  be  signed  by  its  president  and  secretary,  and  to 
be  attested  by  its  corporate  seal,  the  day  and  year  first  above  written. 

THE  CALUMET  ELECTRIC  STREET  RY.  CO. 
(Seal)  Ry  John  Farson,  President. 

H.  B.  White,  Secretary. 


§ 426.  Calumet  Electric  Street  Railway  company. 

1.  Extension — route. 

IT  2-  Permission  subject  to  ordinance  of  November  11,  1895. 

IF  3-  Paving  of  Erie  avenue. 

I!”  4.  When  in  force. 

An  ordinance  authorizing  the  Calumet  Electric  Street  Railway  company  to  ex- 
tend its  line  of  street  railway.  (Passed  March  8,  1897.) 

T 1*  Extension — route.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the 
same  is  hereby  granted  to  the  Calumet  Electric  Street  Railway  Com- 
pany, its  successors  afid  assigns,  to  construct  and  operate  an  exten- 
sion of  its  line  of  street  railway  on  Erie  avenue,  to-wit: 

Beginning  at  a connection  with  the  tracks  of  said  company  on 
Erie  avenue,  at  its  intersection  at  93rd  street,  thence  south  on  Erie 
avenue  to  a connection  with  the  tracks  of  said  company  on  South  Chi- 
cago avenue,  all  in  the  city  of  Chicago. 

f 2.  Permission  subject  to  ordinance  of  November  11,  1895.] 
§ 2.  The  permission  and  authority  hereby  granted  is  subject  to  all 
the  terms  and  conditions  of  an  ordinance  passed  November  nth,  A. 
D.  x895>  granting  said  company  permission  and  authority  to  construct 
and  operate  an  electric  street  railway  on  sundry  streets  in  the  city  of 
Chicago. 

1 3.  Paving  of  Erie  avenue.]  § 3.  This  ordinance  is  granted 
upon  the  express  condition  that  before  a permit  is  issued  or  any  tracks 
laid,  the  said  Calumet  Electric  Street  Railway  Company  will  pave,  to 
the  satisfaction  of  the  commissioner  of  public  works,  Erie  avenue,  from 
91st  street  to  93rd  street. 


1036  STREET  RAILWAYS.  [§  426* 

1 4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 

§ 426*.  Calumet  Electric  Street  Railway  company. 

IT  1.  Extension  of  grant. 

IT  2.  Time  of  completion. 

IF  3-  Subject  to  terms  of  ordinance  of  February  18,  1895. 

IF  3/4-  Rate  of  fare. 

IT  4.  Acceptance  and  bond. 

IT  5.  When  in  force. 

An  ordinance  authorizing  the  Calumet  Electric  Street  Railway  company  to  ex- 
tend its  street  railway  from  Halsted  street  east  on  One  Hundred  and  Twen- 
tieth (120th)  street  to  Butler  street  (formerly  Canal  street);  thence  north  on 
Butler  street  (formerly  Canal  street)  to  One  Hundred  and  Seventeenth 
(117th)  street;  thence  east  on  One  Hundred  and  Seventeenth  (117th)  street 
to  the  east  line  of  Wentworth  avenue.  (Passed  March  29,  1897.) 

1 1.  Extension  of  grant.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and 
the  same  is  hereby  granted  to  the  Calumet  Electric  Street  Railway 
Company,  its  successors  and  assigns,  to  construct  and  operate  an  ex- 
tension of  its  line  of  street  railway  in  the  city  of  Chicago,  county  of 
Cook,  and  state  of  Illinois,  on  the  following  streets,  to-wit: 

Beginning  at  a connection  with  the  tracks  of  said  company  on  Hal- 
sted street  at  its  intersection  with  One  Hundred  and  Twentieth  (120th) 
street;  thence  east  on  One  Hundred  and  Twentieth  (120th)  street  to 
Butler  street  (formerly  Canal  street);  thence  north  on  Butler  street 
(formerly  Canal  street)  to  One  Hundred  and  Seventeenth  (117th) 
street;  thence  east  on  One  Hundred  and  Seventeenth  (117th)  street  to 
the  east  line  of  Wentworth  avenue,  making  connection  with  tracks 
of  said  company  heretofore  authorized  to  be  laid  on  Wentworth  avenue. 

T 2.  Time  of  completion.]  § 2.  All  the  tracks  described  in 
section  1 of  this  ordinance  shall  be  laid,  constructed  and  in  operation 
within  six  (6)  months  from  the  date  when  this  ordinance  shall  take 
effect. 

f 3.  Subject  to  terms  of  ordinance  of  Feb.  18th,  1895.]  § 3- 

The  permission  and  authority  hereby  granted  is  subject  to  all  terms 
and  conditions  of  an  ordinance  passed  by  the  city  council  of  the  city 
of  Chicago  February  18th,  1895,  authorizing  the  Calumet  Electric 
Street  Railway  Company  to  extend  its  street  railway  on  One  Hundred 
and  Nineteenth  (119th)  street  from  Emerald  avenue  west  to  Halsted 
street;  thence  south  on  Halsted  street  to  One  Hundred  and  Twenty- 
first  (12 1st)  street,  not  inconsistent  with  terms  of  this  ordinance,  except 
as  follows,  viz.: 

The  wires  used  for  operating  the  cars  on  the  streets  above  de- 
scribed in  section  one  (1)  hereof  shall  be  suspended  from  poles  set 
within  the  curb  lines  of  the  street  011  either  side  thereof;  and  no  bracket 
poles  shall  be  set  in  the  center  of  the  street. 

3 >4.  Rate  of  fare.]  § 3)4.  The  rate  for  any  continuous  or 


§ 427] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1037 


regular  trip  from  one  point  to  another  on  the  line  of  said  railway  shall 
not  exceed  five  cents  (5c),  and  passengers  on  the  railway  herein  auth- 
orized shall  be  entitled  to  a transfer  at  any  point  where  said  road 
connects  with  other  lines  of  said  railway. 

1 4.  Acceptance  and  bond.]  § 4.  This  ordinance  is  passed 
upon  the  express  agreement  and  understanding  that  the  said  company, 
before  availing  itself  of  any  of  the  rights  and  privileges  granted  by  the 
ordinance,  shall  file  with  the  city  clerk  its  acceptance  of  all  the  terms 
and  conditions  of  this  ordinance,  and  shall  also  file  with  said  clerk  a 
bond  payable  to  the  city  of  Chicago  in  the  penal  sum  of  $25,000,  with 
sureties  to  be  approved  by  the  mayor,  conditioned  for  the  faithful  per- 
formance and  observance  by  said  company  of  all  the  conditions  and 
provisions  of  this  ordinance. 

*j[  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


CHICAGO  CITY  RAILWAY  COMPANY. 

[Acts  of  the  Legislature.  ] 

§ 427.  Chicago  City  Railway  company. 

«[[  1.  Corporation  of  “The  Chicago  City  Railway  Company.” 

2.  Franchise. 

3.  Capital  stock. 

IT  4.  Directors. 

•j|  5.  Extension  of  system — eminent  domain. 

■ft  6.  Operation  of  roads — right  of  way. 

If  7.  Ordinances  confirmed. 

•ff  8.  Steam  power  prohibited. 

■[r  9.  Two  lines  to  be  operated. 

10.  Corporators  of  “The  North  Chicago  City  Railway  company.” 
IT  11.  Public  act — judicial  notice  in  force  from  and  after  passage. 

An  act  to  promote  the  construction  of  horse  railways  in  the  city  of  Chicago. 
(Approved  February  14,  1859.) 

1 1.  Corporation  of  “The  Chicago  City  Railway  Company.”] 

§ 1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois,  represented 
in  the  General  Assembly:  That  Franklin  Parmelee,  Liberty  Bigelow, 
Henry  Fuller  and  David  A.  Gage,  and  their  successors,  be,  and  they 
are  hereby  created  and  constituted  a body  corporate  and  politic,  by  the 
name  of  “The  Chicago  City  Railway  Company,”  for  the  term  of  twenty- 
five  years,  with  all  the  powers  and  authority  incident  to  corporations, 
for  the  purposes  hereinafter  mentioned. 

IT  2.  Franchise.]  § 2.  The  said  corporation  is  hereby  author- 
ized and  empowered  to  construct,  maintain  and  operate  a single  or 
double  track  railway,  with  all  necessary  and  convenient  tracks  for  turn- 


1038 


STREET  RAILWAYS. 


outs,  side  tracks  and  appendages  in  the  city  of  Chicago,  and  in,  on, 
over  and  along  such  street  or  streets,  highway  or  highways,  bridge  or 
bridges,  river  or  rivers,  within  the  present  or  future  limits  of  the  south 
or  west  divisions  of  the  city  of  Chicago,  as  the  common  council  of  said 
city  have  authorized  said  corporators  or  any  of  them,  or  shall  author- 
ize said  corporation  so  to  do,  in  such  manner  and  upon  such  terms 
and  conditions,  with  such  rights  and  privileges  as  the  said  common 
council  has,  or  may  by  contract  with  said  parties,  or  any  or  either  of 
them,  prescribe;  but  said  corporation  shall  not  be  liable  for  the  loss  of 
any  baggage  carried  on  said  railways,  kept  in  and  under  the  care  of  its 
owner,  his  servant  or  agent. 

1"  3.  Capital  stock.]  § 3.  The  capital  stock  of  said  corpora- 
tion shall  be  one  hundred  thousand  dollars,  and  may  be  increased  from 
time  to  time  at  the  pleasure  of  said  corporation.  It  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  and  be  issued  and  transferred 
in  such  manner  and  upon  such  conditions  as  the  board  of  directors 
of  said  corporation  may  direct. 

1"  4.  Directors.]  § 4.  All  the  corporate  powers  of  said  cor- 
poration shall  be  vested  in  and  exercised  by  a board  of  directors,  and 
such  officers  and  agents  as  said  board  shall  appoint.  The  first  board 
of  directors  shall  consist  of  said  Franklin  Parmelee,  Liberty  Bigelow, 
Henry  Fuller  and  David  A.  Gage,  and  thereafter  of  not  less  than  three 
nor  more  than  seven  stockholders,  who  shall  be  chosen  each  and  every 
year  by  the  stockholders,  at  such  time  and  in  such  manner  as  the  said 
corporation  shall  by  its  laws  prescribe.  The  said  directors  shall  hold 
their  offices  until  their  successors  are  elected  and  qualified,  and  may 
fill  any  vacancies  which  may  happen  in  the  board  of  directors,  by 
death,  resignation  or  otherwise.  They  may  also  adopt  such  by-laws, 
rules  and  regulations  for  the  government  of  said  corporation  and  the 
management  of  its  affairs  and  business,  as  they  may  think  proper, 
not  inconsistent  with  the  laws  of  this  state. 

T 5.  Extension  of  system — eminent  domain.]  § 5.  The  said 
corporation  is  hereby  authorized  to  extend  the  several  railways  herein 
authorized  to  be  built  in  the  manner  aforesaid  to  any  point  or  points 
within  the  county  of  Cook  in  this  state;  and,  to  enable  said  corporation 
to  construct  any  or  all  the  railways  herein  authorized,  or  their  appen- 
dages, the  said  corporation  is  hereby  vested  with  power  to  take  and 
apply  private  property  for  the  purposes  and  in  the  manner  prescribed 
by  an  act  entitled  “An  act  to  amend  the  law  condemning  right  of  way, 
for  purposes  of  internal  improvement,”  approved  June  22nd,  1852,  and 
the  several  acts  amendatory  thereof,  and  may  exercise  all  the  powers 
conferred  upon  railroad  corporations  by  the  twenty-fifth  and  twenty- 
sixth  sections  of  “An  act  to  provide  for  a general  system  of  railroad 
corporations,”  approved  November  5th,  1849,  ascertaining  and  mak- 
ing recompense  for  all  damages  sustained,  agreeably  to  the  provisions 
of  the  act  hereinbefore  first  mentioned. 


[§  427 


CHICAGO  CITY  RAILWAY  COMPANY. 


1039 


1 6.  Operation  of  roads— right  of  way.]  § 6.  The  said  cor- 
poration is  hereby  authorized,  with  the  assent  of  the  supervisor  of  any 
township,  to  lay  down  and  maintain  its  said  railway  or  railways  in, 
upon,  over  and  along  any  common  highway  in  said  township,  but  in 
such  manner  as  not  to  obstruct  the  common  travel  of  the  public  over 
the  same.  In  all  cases  where  vehicles  shall  meet  the  cars  or  carriages 
of  said  railways,  either  in  the  city  or  country,  said  vehicles  shall  give 
way  to  the  cars  or  carriages  on  the  railway. 

1 7.  Ordinances  confirmed.]  § 7.  All  the  rights  and  privi- 
leges granted,  or  intended  so  to  be,  to  said  Franklin  Parmelee,  Liberty 
Bigelow,  Henry  Fuller  and  their  associates,  in  and  by  the  ordinances 
of  the  common  council  and  the  amendments  thereto,  are  hereby  in  all 
things  affirmed,  and  shall  pass  to  and  become  vested  in  the  corporation 
hereby  created. 

1 8.  Steam  power  prohibited.]  § 8.  Nothing  herein  con- 
tained shall  authorize  the  construction  of  more  than  a single  track, 
with  the  necessary  turn-outs/which  shall  only  be  at  street  crossings 
upon  State  street  between  Madison  and  Twelfth  streets,  except  by  the 
consent  of  the  owners  of  two-thirds  of  the  property  in  lineal  measure- 
ment, lying  upon  said  State  street  between  Madison  and  Twelfth 
streets  aforesaid,  nor  shall  anything  herein  contained.be  construed  to 
authorize  the  company  hereby  incorporated  to  permit  the  cars  of  any 
other  railroad  company  whatever,  propelled  by  steam,  to  be  run  along 
or  upon  the  railway  of  the  company  hereby  incorporated. 

1[  9.  Two  lines  to  be  operated.]  § 9.  The  said  company 
hereby  incorporated  shall,  within  two  years  from  the  passage  of  this 
act,  erect,  maintain  and  operate  two  railways;  one  from  Lake  street 
to  the  southern  boundary  of  the  city,  and  one  from  the  south  branch 
of  the  Chicago  river  on  Madison  street,  to  the  western  boundary  of 
said  city;  and  upon  failure  to  do  so  this  act,  and  all  the  privileges  and 
franchises  hereby  conferred  shall  cease  and  determine. 

1"  10.  Corporators  of  “The  North  Chicago  City  Railway  Com- 
pany.”] § 10.  All  the  grants,  powers,  privileges,  immunities  and 
franchises  conferred  upon,  and  all  duties  and  obligations  required  of 
Franklin  Parmelee,  Liberty  Bigelow,  Henry  Fuller  and  David  A. 
Gage,  by  this  act,  for  the  south  and  west  divisions  of  the  city  of  Chi- 
cago and  the  county  of  Cook,  are  hereby  conferred  upon  and  required 
of  William  B.  Ogden,  John  B.  Turner,  Charles  V.  Dyer,  James  H. 
Rees  and  Valentine  C.  Turner,  by  the  name  of  “The  North  Chicago 
Railway  Company,”  for  the  north  division  of  said  city  and  said  county 
of  Cook,  as  fully  and  effectually,  to  all  intents  and  purposes,  as  if  they 
had  been  by  a separate  act,  incorporated  with  all  of  said  grants,  pow- 
ers, privileges,  immunities  and  franchises  conferred  upon  them,  and  all 
of  said  duties  and  obligations  imposed  upon  them;  and  the  said  last 
named  corporation  may  take,  hold,  mortgage  and  convey  real  estate. 

IF  11.  Public  act— judicial  notice  in  force  from  and  after  pas- 


1040 


STREET  RAILWAYS. 


[§  428 


sage.]  § ii.  This  act  shall  be  deemed  a public  act,  and  noticed 
by  all  courts  as  such  without  pleading,  and  shall  take  effect  from 
its  passage. 

§ 428.  Chicago  City  Railway  company. 

*ir  i.  Amending  section  1 of  foregoing  act. 

IT  2-  Amending  section  2. 

If  3.  Ordinance  of  August  17,  1864,  confirmed. 

IT  4.  Authorized  to  purchase  and  hold  real  estate. 

IF  5-  Public  act — judicial  notice  in  force  from  its  passage. 

An  act  concerning  horse  railways  in  the  city  of  Chicago.  (Passed  over  veto  Feb- 
ruary 6,  1865.) 

1 1.  Amending  section  one  of  foregoing  act.]  § 1.  Be  it  en- 
acted by  the  people  of  the  state  of  Illinois,  represented  in  the  General 
Assembly:  That  the  first  section  of  an  act  of  said  general  assembly, 

entitled:  “An  act  to  promote  the  construction  of  horse  railways  in 

the  city  of  Chicago,”  approved  February  14th,  1859,  and  the  first  sec- 
tions of  a certain  other  act  of  said  general  assembly,  entitled : “An  act 
to  authorize  the  extension  of  horse  railways  in  the  city  of  Chicago,” 
approved  February  21st,  1861,  be  and  the  same  are  hereby,  so  amended 
as  that  all  the  words  in  said  respective  sections  after  the  word  “com- 
pany,” therein,  respectively,  shall  be,  and  read  as  follows,  viz.:  For 
ninety-nine  years,  with  all  the  powers  and  authority  hereinafter  ex- 
pressed, or  pertaining  to  corporations,  for  the  purposes  hereinafter 
mentioned.  < -i 

1 2.  Amending  section  two.]  § 2.  That  the  second  section  of 
the  act  first  above  referred  to  by  its  title,  and  which  section  is  included 
in  and  made  a part  of  the  act  secondly  above  referred  to  by  the  title 
thereof,  be,  and  the  same  is  hereby,  as  to  both  of  said  acts,  so  amended 
as  to  read  as  follows,  viz.:  The  said  corporation  is  hereby  authorized 
and  empowered  to  construct,  maintain  and  operate,  a single  or  double 
track  railway,  with  all  necessary  and  convenient  tracks  for  turn-outs, 
side  tracks  and  appendages,  in  the  city  of  Chicago,  and  in,  on,  over 
and  along  such  street  or  streets,  highway  or  highways,  bridge  or 
bridges,  river  or  rivers,  within  the  present  or  future  limits  of  the  south 
and  west  divisions  of  the  city  of  Chicago,  as  the  common  council  of 
said  city  have  authorized  said  corporations,  or  any  of  them,  or  shall 
from  time  to  time,  authorize  said  corporations,  or  either  of  them,  so 
to  do,  in  such  manner,  and  upon  such  terms  and  conditions,  and  with 
such  rights  and  privileges,  immunities  and  exemptions,  as  the  said 
common  council  has,  or  may,  by  contract  with  said  parties,  or  any 
or  either  of  them,  prescribe;  and  any  and  all  acts  or  deeds  of  transfer 
of  rights,  privileges  or  franchises,  between  the  corporations  in  said 
several  acts  named,  or  any  two  of  them,  and  all  contracts,  stipulations, 
licenses  and  undertakings,  made,  entered  into  or  given,  and  as  made 
or  amended  by  and  between  the  said  common  council  and  any  one 
or  more  of  the  said  corporations,  respecting  the  location,  use  or  exclu- 
sion of  railways  in  or  upon  the  streets,  or  any  of  them,  of  said  city,  shall 


§ 428] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1041 


be  deemed  and  held  and  continued  in  force  during  the  life  hereof,  as 
valid  and  effectual,  to  all  intents  and  purposes,  as  if  made  a part,  and 
the  same  are  hereby  made  a part,  of  said  several  acts;  Provided,  that 
it  shall  be  competent  for  the  said  common  council,  with  the  written 
consent  or  concurrence  of  the  other  party  or  parties,  or  their  assigns, 
to  any  of  said  contracts,  stipulations,  licenses  or  undertakings,  to 
amend,  modify  or  annul  the  same.  But  said  corporations  shall  not, 
or  any  or  either  of  them,  be  liable  for  the  loss  of  any  property  or  thing 
carried  on  said  railways,  kept  in  and  under  the  care  of  its  owner,  his 
servant  or  agent;  Provided,  that  any  contract  hereafter  made  by  the 
common  council  of  the  city  of  Chicago  with  either  of  the  corporations 
referred  to  in  this  act,  for  a higher  rate  of  fare  than  five  cents,  shall  be 
subject  to  modification  or  repeal  at  any  regular  meeting  of  said  com- 
mon council,  by  a majority  vote  of  all  the  aldermen  elected,  or  by  the 
general  assembly  of  the  state  of  Illinois. 

*[f  3.  Ordinance  of  August  17th,  1864,  confirmed.]  § 3.  An 
ordinance  of  the  common  council  of  the  city  of  Chicago,  entitled  “An 
ordinance  concerning  the  maintenance  and  operation  of  the  Chicago 
and  Evanston  Railroad  in  the  limits  of  the  city  of  Chicago,”  as  passed 
on  the  17th  day  of  August,  A.  D.  1864,  is  hereby  confirmed,  and  shall 
be  deemed  and  held  to  confer  on  the  Chicago  and  Evanston  Railroad 
Company  power  and  authority  to  construct  and  operate  their  road  in 
the  streets  and  over  the  bridge  mentioned  herein,  until  the  same  is  al- 
tered, changed  or  amended  by  the  common  council,  with  the  consent 
of  said  company.  And  such  ordinance  may,  from  time  to  time,  be 
changed,  altered  or  amended,  and  such  other  provisions  be  made  as,  to 
the  common  council  may  seem  proper,  and  be  agreed  to  by  said  com- 
pany. The  prohibition  as  to  the  use  of  certain  streets  in  the  second 
section  of  the  charter  of  the  Chicago  and  Evanston  Railroad  Company 
is  hereby  re-enacted,  and  shall  remain  in  force  until  altered,  released 
or  amended  by  the  common  council  of  the  city  of  Chicago  and  said 
company. 

1 4.  Authorized  to  purchase  and  hold  real  estate.]  § 4. 

Each  of  said  corporations  shall  be  authorized  to  purchase,  hold  and 
convey  real  or  personal  estate,  necessary  for  the  use  of  said  corpora- 
tion, and  to  manufacture  materials,  machinerv  and  rolling  stock  for 
the  use  of  such  corporation. 

1 5.  Public  act— judicial  notice  in  force  from  its  passage.] 

§ 5.  This  act  shall  be  deemed  a public  act,  and  noticed  by  all  courts 
as  such,  without  pleading,  and  shall  take  effect  from  its  passage. 


1042  STREET  RAILWAYS.  [§  429 

HENRY  FULLER,  FRANKLIN  PARMELEE,  LIBERTY 

BIGELOW. 

[Ordinances.] 

§ 429.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

If  1.  Grant. 

If  2.  State,  Archer,  Madison  streets. 

If  3.  Animal  power. 

^f  4.  Passenger  service. 

Hf  5.  Tracks,  how  laid. 

Tf  6.  Rate  of  fare. 

If  7.  Street  paving,  cost. 

If  8.  Rights  forfeited,  when. 

IT  9.  Rights  extend  to  corporation. 

if  10.  Grant  twenty-five  years — right  to  purcnase. 

If  11.  Time  of  purchase — payment. 

. - _ if  12.  Rights  reserved. 

* if  13.  Bond. 

if  14.  Repeal. 

An  ordinance  authorizing  the  construction  and  operation  of  certain  horse  rail- 
ways in  the  streets  of  the  city  of  Chicago.  (Passed  August  16,  1858.)  J 

if  1.  Grant.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § i.  That  there  is  hereby  granted  to  Henry  Fuller, 
Franklin  Parmelee,  and  Liberty  Bigelow,  and  such  other  persons  as 
may  hereafter  become  associated  with  them,  and  to  their  executors, 
administrators  and  assigns,  permission  and  authority  and  consent  of 
the  common  council  to  lay  a single  or  double  track  for  a railway, 
with  all  necessary  and  convenient  tracks  for  turnouts,  side  tracks  and 
switches,  in  and  along  the  course  of  certain  streets  in  the  city  of  Chi- 
cago hereinafter  mentioned,  and  to  operate  railway  cars  and  car- 
riages thereon  in  the  manner,  and  for  the  time  and  upon  the  con- 
ditions hereinafter  prescribed;  Provided,  that  said  tracks  shall  not  be 
laid  within  twelve  feet  of  the  sidewalks  upon  any  of  the  streets. 

1 2.  State,  Archer,  Madison  streets.]  § 2.  That  said  parties 
are  hereby  authorized  to  lay  a single  or  double  track  for  a railway  in 
and  along  the  course  of  the  following  streets  in  said  city,  and  extend- 
ing the  same  as  follows:  Commencing  on  State  street,  at  the  south 

side  of  Lake  street;  thence  south  to  the  present  city  limits.  Also,  com- 
mencing on  State  street,  at  the  junction  of  Ringgold  place;  thence  on 
Ringgold  place  to  Cottage  Grove  avenue;  thence  on  Cottage  Grove 
avenue  to  the  present  limits  of  the  city  of  Chicago.  Also,  commenc- 
ing on  State  street,  at  the  junction  of  the  Archer  road;  thence  along 
the  said  Archer  road  to  the  present  limits  of  the  city.  Also,  commenc- 
ing on  State  street,  at  the  intersection  of  Madison  street,  and  ex- 
tending west  along  said  Madison  street  to  the  present  city  limits. 

T 3.  Animal  power.]  § 3.  The  cars  to  be  used  upon  said 
tracks  shall  be  operated  with  animal  power  only;  and  said  railways 
shall  not  connect  with  any  other  railroad  on  which  other  power  is 
used,  and  no  railway  car  or  carriage  used  upon  any  other  railroad  in 
this  state  shall  be  used  or  passed  upon  said  tracks. 


429]  HENRY  FULLER,  FRANKLIN  PARMELEE,  LIBERTY  BIGELOW.  1043 


% 4.  Passenger  service.]  § 4.  The  said  tracks  and  railways 
shall  be  used  for  no  other  purpose  than  to  transport  passengers  and 
their  ordinary  baggage,  amd  the  cars  or  carriages  used  for  that  pur- 
pose shall  be  of  the  best  style  and  class  in  use  on  such  railways.  The 
common  council  shall  have  power  at  all  times  to  make  such  regula- 
tions as  to  the  rate  of  speed  and  time  of  running  said  cars  or  carri- 
ages as  the  public  safety  and  convenience  may  require. 

1 5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railways 
shall  not  be  elevated  above  the  surface  of  the  street;  shall  be  laid 
with  modern  improved  rails,  and  shall  be  so  laid  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  said  tracks  at  any  and  all 
points,  and  in  any  and  all  directions,  without  obstruction. 

1 6.  Rate  of  fare.]  § 6.  The  rate  of  fare  for  any  distance 
shall  not  exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  a specific  purpose. 

IT  7.  Street  paving,  cost.]  § 7.  The  said  parties,  their  as- 
sociates and  successors,  shall  pay  one-third  of  the  cost  of  grading,  pav- 
ing, macadamizing,  filling  or  planking  on  the  streets  or  parts  of  streets 
on  which  they  shall  construct  their  said  railways,  and  in  the  respects 
last  mentioned  shall  keep  such  portion  of  the  respective  streets  as  shall 
be  occupied  by  their  said  railways,  or  either  of  them,  in  good  repair 
and  condition  during  the  whole  time  that  the  privileges  hereby  granted 
to  said  parties  shall  extend,  in  accordance  with,  whatever  orders  may 
be  passed  in  that  behalf  by  the  common  council  of  the  said  city  of 
Chicago;  and  said  parties  shall  be  liable  for  all  legal  or  consequential 
damages  which  may  be  sustained  by  any  person  by  reason  of  the  care- 
lessness, neglect  or  misconduct  of  any  agent  or  servant  of  said  parties, 
in  the  course  of  their  employment  in  the  construction  or  the  use  of  the 
said  tracks  or  railways,  and  said  parties  shall  moreover  pay  to  the  prop- 
erty owners  on  any  street  so  used  by  them  as  aforesaid  for  their  said 
railways,  which  has  since  the  first  day  of  January,  A.  D.  1858,  been 
paved,  macadamized  or  planked,  and  at  any  time  between  said  date 
last  mentioned  and  the  time  of  going  into  the  occupation  of  either  of 
said  respective  streets  with  the  said  railway  by  said  parties,  their  as- 
sociates or  successors,  may  be  paved,  macadamized  or  planked,  one- 
third  of  the  reasonable  cost  and  expense  thereof  so  paid  by  said  prop- 
erty owners  respectively. 

IT  8.  Rights  forfeited,  when.]  § 8.  The  rights  and  privileges 
granted  to  said  parties  by  virtue  of  this  ordinance  shall  be  forfeited 
to  the  city  of  Chicago,  unless  the  construction  of  one  of  said  railways 
shall  be  commenced  on  or  before  the  first  day  of  November,  A.  D. 
1858;  and  unless  the  said  railway  commencing  on  the  south  side  of 
Lake  street  and  extending  to  Ringgold  place,  shall  be  fully  completed 
and  . ready  for  use  on  or  before  the  fifteenth  day  of  October,  A.  D. 
1859;  and  the  Madison  street  railway,  commencing  at  the  intersection 
of  State  street,  and  running  on  said  Madison  street  to  the  city  lim- 


1044 


STREET  RAILWAYS. 


[§  429 


its,  completed  and  ready  for  use  on  or  before  the  fifteenth  day  of  Oc- 
tober, A.  D.  i860;  and  said  railway  from  Ringgold  place  to  Cottage 
Grove  avenue,  and  along  the  same  to  the  ciiy  limits,  by  the  first  day 
of  January,  A.  D.  1861;  and  all  the  remaining  railways  hereinbefore 
mentioned,  on  or  before  the  first  day  of  January,  A.  D.  1863,  the  said 
railways,  together  with  all  improvements  made  upon  the  same,  shall 
be  forfeited  to  said  city  of  Chicago,  unless  the  common  council  of  said 
city  shall  grant  to  said  parties  a further  extension  of  time;  Provided, 
that  if  said  parties  are  delayed  by  the  order  or  injunction  of  any  court, 
the  time  of  such  delay  shall  be  excluded,  and  the  same  time,  in  addi- 
tion to  the  periods  above  prescribed,  shall  be  allowed  for  the  comple- 
tion of  said  railways  as  that  during  which  they  may  be  so  delayed. 

1 9.  Rights  extend  to  corporation.]  § 9.  If  the  said  par- 
ties, their  associates  or  successors,  shall  hereafter  become  incorporated, 
the  rights  and  privileges  granted  to  them  by  virtue  of  this  ordinance 
shall  extend  to  such  corporation  for  the  time  and  upon  the  conditions 
herein  prescribed,  and  when  such  act  of  incorporation  shall  have  been 
obtained,  such  corporation  shall  have  all  the  rights  and  privileges 
hereby  granted,  as  the  successors  of  said  parties,  without  further  action 
of  the  common  council. 

T 10.  Grant  25  years— right  of  purchase.]  § 10.  The  right 
to  operate  said  railways  shall  extend  to  the  full  time  of  twenty-five 
years  from  the  passage  hereof,  and  at  the  expiration  of  said  time  the 
parties  operating  said  railways  shall  be  entitled  to  enjoy  all  of  said  priv- 
ileges until  the  common  council  shall  elect,  by  order  for  that  purpose, 
to  purchase  said  tracks  of  said  railways,  cars,  carriages,  station  houses, 
station  grounds,  depot  grounds,  furniture  and  implements  of  every 
kind  and  description,  used  in  the  construction  or  operation  of  said 
railways,  or  any  of  the  appurtenances  in  and  about  the  same,  and 
pay  for  the  same  in  the  manner  hereinafter  mentioned. 

T 11.  Time  of  purchase — payment.]  § 11.  Such  order  shall 
fix  the  time  when  said  city  of  Chicago  will  take  such  railways  and 
other  property  before  mentioned,  which  shall  not  be  less  than  six 
months  after  the  passage  of  said  order,  and  at  the  time  of  taking  said 
railways  and  other  property  before  mentioned  the  city  of  Chicago  shall 
pay  to  the  parties  operating,  the  same  a sum  of  money  to  be  ascertained 
by  three  commissioners,  to  be  appointed  for  that  purpose,  as  follows: 
One  to  be  chosen  from  the  disinterested  freeholders  of  Cook  county 
by  the  said  common  council;  one  in  like  manner  by  the  said  parties, 
their  associates  or  successors;  and  the  two  persons  so  chosen,  to  choose 
the  third  from  said  freeholders. 

T 12.  Rights  reserved.]  § 12.  All  rights  heretofore  vested  in 
the  board  of  water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  to  be  impaired  or  affected  by  this  ordi- 
nance, but  the  rights  and  privileges  hereby  granted  are  subject  thereto. 

T 13.  Bond.]  § 13.  The  said  Henry  Fuller,  Franklin  Parme- 


§ 43°]  HENRY  fuller,  FRANKLIN  PARMELEE,  LIBERTY  BIGELOW.  1045 

lee  and  Liberty  Bigelow  shall  enter  into  a good  and  sufficient  bond 
with  the  city  of  Chicago,  in  the  penal  sum  of  twenty-five  thousand 
dollars,  for  the  faithful  performance  of  all  the  terms  and  conditions 
herein  contained  in  this  ordinance,  and  that  said  railways  herein  men- 
tioned shall  be  completed  at  the  times  and  manner  herein  stated,  un- 
less delayed  by  the  order  or  injunction  of  some  court  having  juris- 
diction of  such  matters,  from  so  completing  the  same,  and  until  such 
bond  shall  be  so  executed  by  said  parties,  this  ordinance  shall  have 
no  force  or  effect  whatever. 

1"  14.  Repeal.]  § 14.  All  ordinances  or  parts  of  ordinances 
heretofore  passed,  respecting  the  subject-matter  of  this  ordinance  (ex- 
cept that  to  which  this  is  an  amendment),  or  in  conflict  with  this  ordi- 
nance, or  that  to  which  the  same  is  an  amendment,  is  hereby  repealed. 
Note. — See  following  amendatory  ordinance. 

§ 430.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

TJ  1.  Amending  sections  7 and  13  of  the  foregoing  ordinance. 

An  ordinance  to  amend  an  ordinance,  entitled  “An  ordinance  authorizing  the 
construction  and  operation  of  certain  horse  railways  in  the  streets  of  the  city 
of  Chicago.”  (Passed  December  20,  1858.) 

1 1.  Amending  sections  7 and  13  of  foregoing  ordinance.] 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1. 
That  sections  seven  and  thirteen  of  the  above  entitled  ordinance  be  so 
amended  as  to  read  as  follows,  viz:  That  section  seven  be  so  amended 
as  to  read:  That  said  parties  and  their  associates  shall,  as  respects 
the  grading,  paving,  macadamizing,  filling  or  planking  of  the  streets, 
or  parts  of  streets  upon  which  they  shall  construct  their  said  railways, 
or  any  of  them,  keep  so  much  of  said  respective  streets  as  shall  be 
occupied  by  the  said  railways,  or  either  of  them,  in  good  repair  and 
condition  during  all  of  the  time  to  which  the  privileges  hereby  granted 
to  said  parties  shall  extend,  in  accordance  with  whatever  orders  or 
regulations  respecting  the  ordinary  repairs  thereof  may  be  passed  or 
adopted  by  the  common  council  of  said  city;  and  the  said  parties 
shall  be  liable  for  all  the  legal  consequential  damages  which  may  be 
sustained  by  any  person  by  reason  of  the  carelessness  or  misconduct 
of  any  of  the  agents  or  servants  of  the  said  parties,  in  the  course  of 
their  employment  in  the  construction  or  use  of  the  railways  aforesaid, 
or  either  of  them.  And  section  thirteen  be  so  amended  as  to  read: 
The  said  Henry  Fuller,  Franklin  Parmelee  and  Liberty  Bigelow  shall 
enter  into  a penal  bond,  in  the  sum  of  twenty-five  thousand  dollars, 
with  the  said  city  of  Chicago,  conditioned  for  the  faithful  performance 
of  all  the  terms  and  conditions  in  the  said  above  entitled  ordinance, 
as  hereby  amended,  are  contained  and  set  forth ; and  that  the  railways 
aforesaid  shall  be  completed  at  the  time  and  in  the  manner  in  the 
aforesaid  ordinance  specified,  unless  delayed  by  the  order  or  injunc- 
tion of  some  court  of  competent  jurisdiction,  from  so  completing  the 
same.  And  the  giving  of  the  bond  above  mentioned  shall  supersede 


1046 


STREET  RAILWAYS. 


the  bond  heretofore  given  by  said  parties  under  the  original  ordinance 
aforesaid,  and  the  same  shall  be  surrendered  up  and  canceled. 

§ 431.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 


IT 

1. 

Grant. 

IT 

2. 

Route. 

IT 

3. 

Time  of  completion. 

IF 

4. 

Animal  power  only. 

IT 

5. 

Passenger  service  only — power  in  council. 

IT 

6. 

Track,  how  constructed. 

IT 

7- 

Rate  of  fare. 

IF 

8. 

Pave  part  of  streets. 

IT 

9- 

Rights  forfeited  when. 

IT 

10. 

Other  grants  not  affected. 

IF 

11. 

Former  ordinances  confirmed. 

IF 

12. 

Bond. 

An  ordinance  authorizing  the  extension  and  operation  of  certain  horse  railways 
in  the  streets  of  the  south  and  west  divisions  of  Chicago.  (Passed  May  23, 

1859-) 

1.  Grant.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § 1.  That  under  and  by  virtue  of  an  act  of  the  legislature 
of  the  state  of  Illinois,  entitled  “An  act  to  promote  the  construction 
of  horse  railways  in  the  city  of  Chicago,”  approved  the  fourteenth  day 
of  February,  A.  D.  1859,  constituting  Franklin  Parmelee,  Liberty 
Bigelow,  Henry  Fuller  and  David  A.  Gage,  and  their  successors,  a 
body  corporate  and  politic,  by  the  name  of  “The  Chicago  City  Rail- 
way Company,”  and  by  virtue  of  the  powers  and  authority  in  the  said 
common  council  otherwise  by  law  vested,  consent,  permission  and 
authority  are  hereby  unto  the  said  “The  Chicago  City  Railway  Com- 
pany,” given,  granted  and  duly  vested,  to  lay  a single  or  double  track 
for  a railway,  with  all  necessary  and  convenient  tracks  for  turn-outs, 
side  tracks  and  switches,  in  and  along  the  course  of  the  streets  and 
bridges  of  the  south  and  west  divisions  of  the  city  of  Chicago  herein- 
after mentioned;  and  the  same  to  keep,  maintain  and  use,  and  to  op- 
erate thereon  railway  cars  and  carriages,  during  all  the  term  in  the 
said  act  of  the  fourteenth  of  February,  A.  D.  1859,  specified  and  pre- 
scribed, in  the  manner  and  upon  the  conditions  hereinafter  prescribed; 
Provided,  that  said  tracks  shall  not  be  laid  within  twelve  feet  of  the 
sidewalk  upon  any  of  the  streets  hereinafter  mentioned,  in  any  case 
wherein  it  is  practicable  to  be  avoided. 

H 2.  Route.]  § 2.  The  said  company  is  hereby,  as  above 
mentioned,  authorized  to  lay  a single  or  double  track  for  such  rail- 
ways in  and  along  the  course  of  the  following  streets  of  said  south 
and  west  divisions  of  Chicago,  and  to  extend  the  same  as  follows: 
Commencing  on  Lake  street,  at  the  intersection  of  said  Lake  street 
with  the  east  line  of  Market  street,  and  thence  west,  with  a single  or 
double  track,  in  and  along  the  course  of  said  Lake  street,  to  Lake 
street  bridge;  thence  westerly,  with  a single  or  double  track,  over  said 


§ 43 1 ] HENRY  fuller,  franklin  PARMELEE,  LIBERTY  BIGELOW.  1047 

bridge,  and  in  and  along  the  course  of  said  Lake  street,  to  the  present 
and  future  limits  of  the  city. 

Commencing  on  Randolph  street,  at  the  intersection  with  the  State 
street  railway,  and  thence  west,  with  a single  or  double  track,  in  and 
along  the  course  of  said  Randolph  street,  to  Union  park;  thence  in 
and  along  Park  street  to  intersect  with  the  said  Lake  street  track. 

Commencing  on  Desplaines  street  and  intersecting  with  the  said 
Lake  street  track,  and  thence  northerly,  with  a single  or  double  track, 
in  and  along  the  course  of-  said  Desplaines  street  to  Milwaukee  ave- 
nue, and  thence  in  and  along  the  course  of  said  Milwaukee  avenue  to 
the  present  and  future  city  limits. 

Commencing  on  Canal  street,  at  the  point  of  intersection  with  said 
Lake  street  track,  and  thence  southerly,  with  a single  or  double  track, 
in  and  along  the  course  of  said  Canal  street,  to  intersect  with  the  track 
to  be  upon  Polk  street,  as  hereinafter  mentioned. 

Commencing  on  Harrison  street,  at  the  intersection  with  Canal 
street  aforesaid,  thence  westerly,  with  a single  or  double  track,  in  and 
along  said  Harrison  street  to  the  Southwestern  plank-road. 

Commencing  on  Market  street,  at  the  intersection  with  Lake  street 
railway  aforesaid,  and  thence  southerly,  with  a single  or  double  track, 
in  and  along  the  course  of  said  Market  street,  to  intersect  with  the 
Madison  street  railway. 

Commencing  on  South  Wells  street,  at  the  intersection  with  the 
said  Randolph  street  track,  and  thence  southerly,  with  a single  or 
double  track,  in  and  along  the  course  of  said  Wells  street,  to  Polk 
street;  thence  westerly,  with  a like  track,  in  and  along  the  course  of 
said  Polk  street,  to  Canal  street,  as  aforesaid;  and  thence  southerly, 
with  a like  track,  in  and  along  the  course  of  -said  Canal  street,  to  the 
Chicago,  Burlington  and  Quincy  Railroad. 

Commencing  on  South  Clark  street,  at  a point  intersecting  said 
Randolph  street  track,  and  thence  southerly,  with  a single  or  double 
track,  in  and  along  the  course  of  said  Clark  street,  to  Polk  street;  and 
thence  westerly,  with  a like  track,  in  and  along  the  course  of  said 
Polk  street,  to  Wells  street. 

Commencing  on  State  street,  at  the  intersection  of  Van  Buren 
street,  thence  westerly,  on  Van  Buren  street,  and  in  and  along  said 
Van  Buren  street,  to  the  Southwestern  plank-road. 

Commencing  on  Harrison  street,  at  its  intersection  with  Canal 
street,  and  thence,  with  a like  track,  in  and  along  said  Harrison  street, 
to  Blue  Island  avenue;  and  thence,  with  a like  track,  in  and  along  the 
course  of  said  Blue  Island  avenue,  to  the  Chicago,  Burlington  and 
Quincy  Railroad. 

Commencing  on  Twelfth  street,  at  the  intersection  with  State 
street  railway,  and  thence  easterly,  with  a single  or  double  track,  in 
and  along  the  course  of  said  Twelfth  street,  to  Wabash  avenue;  thence 
south,  with  a like  track,  in  and  along  said  Wabash  avenue,  to  Old 
street;  thence  in  and  along  said  Old  street  to  Indiana  avenue,  thence 


1048 


STREET  RAILWAYS. 


in  and  along  Indiana  avenue,  to  intersect  with  the  Cottage  Grove  rail- 
way. 

Also,  commencing  on  Twelfth  street,  at  the  intersection  of  State 
street,  thence  westerly,  in  and  along  said  Twelfth  street,  with  a like 
track,  to  the  intersection  of  Blue  Island  avenue. 

If  3.  Time  of  completion.]  § 3.  The  said  railway  upon  Ran- 
dolph street  as  aforesaid  is  to  be  completed  from  said  State  street  to 
Union  Park  aforesaid  within  three  months,  and  from  said  Union  Park 
to  Robey  street,  within  five  months  after  the  passage  of  this  ordi- 
nance. The  said  railway  upon  Lake  street  as  aforesaid  to  be  com- 
pleted from  said  Market  street  to  Union  Park,  as  aforesaid;  that  upon 
South  Wells  street,  as  aforesaid,  to  be  completed  from  Randolph  to 
Polk  street  aforesaid;  and  that  upon  South  Clark  street  as  aforesaid  is 
to  be  completed  from  said  Randolph  street  to  said  Van  Buren  street, 
and  in  and  along  Van  Buren  street  to  the  Southwestern  plank-road, 
severally,  within  eighteen  months  from  the  passage  of  this  ordinance. 
And  the  said  railway  upon  Canal  street  is  to  be  extended  and  com- 
pleted to  the  Chicago,  Burlington  and  Quincy  Railroad,  and  the  said 
railways  on  Harrison  street  to  Blue  Island  avenue,  and  on  Blue  Is- 
land avenue  southerly  to  Twelfth  street,  are  to  be  completed  within 
one  year  from  the  passage  of  this  ordinance.  And  the  said  railways 
upon  Desplaines  street  and  Milwaukee  avenue  are  to  be  extended 
and  completed  to  the  city  limits  before  the  first  day  of  the  next  ses- 
sion of  the  legislature  of  this  state.  The  other  of  said  railways  included 
in  the  second  section  aforesaid,  and  not  above  in  this  section  specified, 
shall  be  completed  as  soon  after  the  passage  hereof  as  may  be  prac- 
ticable; but,  whenever  the  common  council  shall  determine  that  the 
public  interest  requires  any  one  of  said  railways  last  mentioned  to  be 
constructed  or  extended,  and  shall  by  ordinance  direct  that  such  rail- 
way shall  be  constructed  or  extended,  as  the  case  may  be,  then  said 
company  shall  be  required  to  complete  such  construction  or  extension 
in  sixty  days  after  being  notified  of  such  ordinance;  Provided,  how- 
ever, that  such  ordinance  shall  include  but  one  street  only;  that  then 
there  shall  be  an  interval  of  at  least  three  months  between  such  or- 
dinances, and  that  the  same  shall  not  be  made  at  an  unseasonable  time 
of  year  for  doing  such  work. 

1”  4.  Animal  power  only.]  § 4.  The  cars  to  be  used  upon 
said  tracks  shall  be  operated  with  animal  power  only;  and  shall  not 
connect  with  any  other  railroad  on  which  other  power  is  used,  and  no 
railway  car  or  carriage  used  upon  any  other  railroad  in  this  state  shall 
be  used  upon  any  of  said  tracks. 

If  5.  Passenger  service  only— power  in  council.]  § 5.  The 

said  tracks  and  railways  shall  be  used  for  no  other  purpose  than  to 
transport  passengers  and  their  ordinary  baggage;  and  the  cars  and  car- 
riages for  that  purpose  shall  be  of  the  best  style  and  class  in  use  on 
such  railways.  The  common  council  shall  have  power  at  all  times 


§ 43 1 ] HENRY  fuller,  franklin  PARMELEE,  LIBERTY  BIGELOW.  1049 

to  make  such  regulations  as  to  the  rate  of  speed  and  time  of  running 
said  cars  or  carriages  as  the  public  safety  and  convenience  may  require. 

1 6.  Track — how  constructed.]  § 6 The  track  of  any  such 
railways  shall  not  be  elevated  above  the  surface  of  the  street;  shall  be 
laid  with  modern  improved  rails,  and  shall  be  so  laid  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  said  tracks,  at  any  and 
all  points,  and  in  any  and  all  directions,  without  obstruction;  Pro- 
vided, whenever  the  said  railway  company  construct  two  tracks  on 
the  same  street,  that  the  said  tracks  shall  be  constructed  perfectly  par- 
allel, as  far  as  practicable. 

If  7.  Rate  of  fare.]  § y.  The  rate  of  fare  for  any  distance 
shall  not  exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  special  purposes. 

% 8.  Pave  part  of  streets.]  § 8.  The  said  company  shall,  as 
respects  the  grading,  paving,  macadamizing,  filling  or  planking  of  the 
streets  or  parts  of  streets  upon  which  they  shall  construct  their  said 
railways,  or  any  of  them,  keep  eight  feet  in  width  along  the  line  of  said 
railway,  on  all  streets  whereon  one  track  is  constructed,  and  sixteen 
feet  in  width  along  the  line  of  said  railway  where  two  tracks  are  con- 
structed, in  good  repair  and  condition  during  all  the  time  to  which 
the  privileges  hereby  granted  to  said  company  shall  extend,  in  ac- 
cordance with  whatever  order  or  regulation  respecting  the  ordinary 
repairs  thereof,  may  be  passed  or  adopted  by  the  common  council  of 
said  city.  And  the  said  company  shall  be  liable  for  all  legal  conse- 
quential damages  which  may  be  sustained  by  any  person  by  reason  of 
the  carelessness,  negligence  or  misconduct  of  any  of  the  agents  or  ser- 
vants of  said  company  in  the  course  of  their  employment  in  the  con- 
struction or  use  of  the  railways  aforesaid,  or  any  or  either  of  them. 

1 9.  Rights  forfeited  when.]  § 9.  If  the  said  company  shall 
fail  to  complete  any  of  the  aforesaid  railways,  in  said  second  section 
mentioned,  at  the  time  mentioned  and  provided,  and  according  to  the 
conditions  prescribed  in  the  third  section  of  this  ordinance,  then  the 
rights  and  privileges  granted  by  virtue  hereof  respecting  said  railways, 
in  the  said  second  section  mentioned,  shall  be  forfeited,  together  with 
all  or  any  improvements  made  upon  any  of  the  said  railways,  to  the 
city  of  Chicago,  unless  the  common  council  of  said  city  shall  grant 
to  said  company  a further  extension  of  time;  Provided,  that  if  said 
company  is  delayed  by  the  order  or  injunction  of  any  court,  the  time 
of  such  delay  shall  be  excluded  from  the  time  above  prescribed. 

1 10.  Other  grants  not  affected.]  § 10.  All  rights  hereto- 
fore vested  in  the  board  of  water  commissioners  and  sewerage  com- 
missioners, or  other  corporations,  are  not  to  be  impaired  or  affected 
by  anything  herein  contained,  but  the  rights  and  privileges  hereby 
granted  are  subject  thereto. 

1 11.  Former  ordinances  confirmed.]  §11.  All  the  rights 
^nd  privileges  heretofore  granted,  or  intended  to  be  granted,  to  the 


1050 


STREET  RAILWAYS. 


[§§  43ia,  431b 


said  Franklin  Parmelee,  Liberty  Bigelow  and  Henry  Fuller,  by  an  or- 
dinance entitled  “An  Ordinance  authorizing  the  construction  and  op- 
eration of  certain  horse  railways  in  the  streets  of  the  city  of  Chicago,” 
or  any  amendment  thereto,  are  hereby  granted  and  confirmed  to  the 
said  “The  Chicago  City  Railway  Company,”  and  its  successors. 

f 12.  Bond.]  § 12.  The  said  Franklin  Parmelee,  Liberty 
Bigelow,  Henry  Fuller  and  David  A.  Gage,  shall  enter  into  a bond 

with  the  city  of  Chicago  in  the  penal  sum  of dollars,  conditioned 

for  the  faithful  performance  by  said  company,  of  all  the  terms  and 
conditions  of  this  ordinance,  and  that  the  railways  aforesaid  shall  be 
completed  at  the  time  and  in  the  manner  in  this  ordinance  specified, 
unless  delayed  by  the  order  or  injunction  of  some  court  of  competent 
jurisdiction  from  so  completing  the  same.  And  until  such  bond  is 
made  by  the  said  parties,  this  ordinance  is  to  have  no  force  or  effect 
whatever. 

Note. — See  following  ordinance  and  resolution. 

§ 431  a.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

1.  Extension  of  time  for  construction. 

An  ordinance  amendatory  of  the  ordinance  entitled  “An  ordinance  authorizing  the 
extension  and  operation  of  certain  horse  railways  in  the  streets  of  the  south 
and  west  divisions  of  Chicago,”  passed  May  23,  1859.  (Passed  February  13, 
i860.) 

1 1.  Extension  of  time  for  construction.]  Be  it  ordained  by 
the  common  council  of  the  city  of  Chicago:  § 1.  That  the  third  sec- 
tion of  the  ordinance  entitled  “An  ordinance  authorizing  the  exten- 
sion and  operation  of  certain  horse  railways  in  the  streets  of  the  south 
and  west  divisions  of  Chicago,”  be  and  the  same  is  hereby  so  amended 
that  the  time  for  the  construction  of  the  railway  track  on  Clark  street 
in  said  ordinance  mentioned  be  extended  for  the  period  of  ten  years, 
and  that  the  time  for  the  construction  of  the  several  railways,  and 
each  and  every  one  thereof  in  said  section  mentioned  or  referred  to, 
be  extended  for  the  period  of  five  years  beyond  the  time  mentioned 
in  said  ordinance  for  the  completion  thereof;  Provided,  however,  that 
the  Blue  Island  avenue  and  the  Milwaukee  avenue  lines  shall  severally 
be  completed  within  the  period  of  two  years  from  the  passage  of  this 
ordinance. 

§ 431  b.  Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

1.  Amendatory  ordinance  affirmed. 

An  ordinance  to  accept  a certain  resolution  of  the  Chicago  City  Railway  com- 
pany. (Passed  March  9,  i860.) 

1 1,  Amendatory  ordinance  affirmed.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § 1.  That  the  resolution  of 
the  Chicago  City  Railway  Company,  passed  on  the  18th  day  of  Feb- 
ruary, i860,  tendered  to  this  body  (to  which  reference  is  hereby  made), 
whereby  the  said  company  obligates  itself  to  postpone  the  laying  down 


§ 432] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1051 


of  its  track  on  South  Clark  street,  for  and  during  the  period  of  ten 
years,  be,  and  the  same  is  hereby,  in  all  things  accepted,  and  said 
amendatory  ordinance  therein  mentioned  affirmed. 

RESOLUTION  REFERRED  TO  IN  FOREGOING  ORDINANCE. 

Resolved,  That  this  company  hereby  accepts  of  the  provisions  of  the  ordi- 
liance  of  the  common  council  of  the  city  of  Chicago,  passed  on  the  13th  day 
of  February,  1860,  amendatory  of  the  third  section  of  an  ordinance  entitled, 
“An  ordinance  authorizing  the  extension  and  operation  of  certain  horse  rail- 
ways in  the  streets  of  the  south  and  west  divisions  of  Chicago,”  passed  May 
23,  1859.  And  in  consideration  thereof,  and  of  the  repealing  by  said  council 
(to  be  notified  by  acceptance  hereof)  of  the  ninth  and  twelfth  sections  of  the 
above  entitled  ordinance,  this  company,  as  to  said  South  Clark  street,  will 
and  hereby  does  agree  to  the  postponement  of  laying  down  its  track  along 
said  street,  or  any  part  thereof,  for  and  during  the  time  in  said  amendatory 
ordinance  mentioned;  Provided,  that  nothing  herein  contained  shall  prevent 
this  company  from  using  so  much  of  said  street  as  shall  be  necessary  to  make 
proper  connections  with  the  track  of  the  North  Chicago  City  Railway  Com- 
pany, in  pursuance  of  any  ordinance  of  the  common  council  hereafter  in  that 
behalf  to  be  passed. 

Chicago  City  Railway  Office,  City  of  Chicago.— ss. 

I,  Geo.  W.  Fuller,  secretary  of  the  Chicago  City  Railway  Company,  do 
hereby  certify  that  the  above  is  a true  copy  of  a resolution  passed  by  the 
board  of  directors  of  said  company,  at  a meeting  of  said  board  held  on  the 
18th  day  of  February,  A.  D.,  1860. 

Witness  my  hand  and  the  corporate  seal  of  said  company,  this  20tli  day  of 
February,  A.  D.  1860. 

(Seal)  GEO.  W.  FULLER,  Sec’y  Chicago  City  Railway  Co. 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 432.  Chicago  City  Railway  company. 

T1  1.  Grant — route. 

1 2.  Former  ordinances  amended. 

Tf  3.  Rights  forfeited  when. 

An  ordinance  exempting  Canal  street  and  other  streets  from  railway  uses,  by 
substitution,  and  for  other  purposes.  (Passed  November  18,  1S61.) 

T Grant — route.]  Be  it  ordained  by  the  common  council  of 
the  city  of  Chicago:  § 1.  That  in  consideration  of  the  extending  by 

the  Chicago  City  Railroad  Company  of  its  railway  upon  West  Lake 
street,  from  Robey  street  to  the  west  limits  of  the  city  within  ninety 
days  from  the  passage  hereof,  and  the  release  and  surrender  by  said 
company  of  any  and  all  right  to  lay  down  a railway  track  along  the 
course  of  either  Canal  street,  Harrison  street  or  Lake  street  from  the 
east  line  of  Market  street  to  the  same  line  of  Desplaines  street,  and 
which  said  streets  so  released  the  said  city  is  to  preserve  and  keep  at 


1052 


STREET  RAILWAYS. 


[§  432 


all  times  free  from  any  such  railway;  authority  and  consent  are  hereby 
given  and  granted  unto  said  company  to  lay  down  and  use  a single 
or  double  track  for  a railway  with  all  necessary  and  convenient  tracks 
for  turn-outs  and  switches  in  and  upon  Desplaines  street,  from  Lake 
street  aforesaid  to  Randolph  street,  and  in,  upon  and  along  Halsted 
street  from  said  Lake  street  southerly  to  Blue  Island  avenue,  and 
thence  on  Blue  Island  avenue  to  the  city  limits;  but  which  last  men- 
tioned railway  on  said  Halsted  street  and  Blue  Island  avenue,  said 
company  shall  not  be  required  to  construct  at  any  time  within  three 
years  from  the  passage  hereof. 

2.  Former  ordinances  amended.]  § 2.  That  the  ordinance 
entitled  “An  ordinance  authorizing  the  construction  and  operation  of 
certain  horse  railways  in  the  streets  of  the  city  of  Chicago,”  passed  Au- 
gust 16th,  1858,  and  also  the  ordinance  entitled  “An  ordinance  au- 
thorizing the  extension  and  operation  of  certain  horse  railways  in  the 
streets  of  the  south  and  west  divisions  of  Chicago,”  passed  May  23, 
1859,  and  all  amendments  thereof,  be,  and  the  same  are  hereby  so 
amended  as  that  the  time  therein  prescribed  for  the  construction  of 
the  several  railways  therein  mentioned,  except  said  West  Lake  street 
from  Robey  to  the  city  limits  aforesaid,  and  also  excepting  the  railway 
upon  Desplaines  street  and  Milwaukee  avenue  north  of  Lake  street 
aforesaid,  is  extended  for  the  period  of  five  years.  That  both  as  to 
the  construction  and  maintenance  of  each  and  every  of  the  aforesaid 
railways,  said  company  shall  use  suitable  rails  of  not  less  than  a five- 
inch  flange  (except  on  Lake  street  west  of  Robey  street)  for  the  pur- 
pose; shall  avoid  the  unnecessary  elevation  of  their  tracks  above  the 
surface  of  the  streets,  and  so  lay,  or  where  laid,  so  maintain  the  same 
as  not  necessarily  to  obstruct  the  passage  of  carriages  or  vehicles  over 
them,  or  to  impair  the  usefulness  of  the  streets  whereupon  they  are 
laid;  shall  run  cars  or  carriages  thereon  of  a suitable  style  and  de- 
scription, and  at  all  such  times  and  rate  of  speed  as  the  public  con- 
venience and  safety  shall  to  it  seem  to  require. 

1"  3.  Rights  forfeited,  when.]  § 3.  That  if  the  said  company 
shall  fail  to  construct  any  portion  of  the  railways  aforesaid  within  the 
time  prescribed  for  doing  the  same,  it  shall  thereupon  forfeit  all  right 
to  such  portion;  and  if  it  fail  to  construct  said  railway  on  West  Lake 
street  from  Robey  street  to  the  city  limits  within  ninety  days  as  afore- 
said, it  shall  thereupon  forfeit  all  and  singular  the  rights,  privileges 
and  extension  of  time  by  this  ordinance  granted,  conferred  or  in- 
tended, and  all  parts  of  the  several  ordinances  aforesaid,  inconsistent 
with  any  of  the  provisions  of  this  ordinance,  are  hereby  repealed;  Pro- 
vided, that  if  said  company  shall  be  delayed  by  the  order  or  injunction 
of  any  court  of  competent  jurisdiction  from  completing  any  of  the  rail- 
ways aforesaid,  the  time  of  such  delay  shall  be  excluded  from  the 
period  prescribed  herein  for  completing  the  same. 


CHICAGO  CITY  RAILWAY  COMPANY. 


i053 


§ 433] 


RESOLUTION  AND  RELEASE  REFERRED  TO  IN  FOREGOING 

ORDINANCE, 

Resolved,  That  upon  the  approval  by  the  mayor  of  the  city  of  Chicago,  of 
an  ordinance  passed  on  the  18tli  day  of  November,  1861,  by  the  common 
council  of  said  city,  entitled  “An  ordinance  exempting  Canal  street  and  other 
streets  from  railway  uses,  by  substitution,  and  for  other  purposes,”  the  pres- 
ident and  secretary  of  this  company  are  authorized  to  sign,  seal  and  deliver 
to  the  said  city  of  Chicago,  on  behalf  of  this  company,  a release  in  the  fol- 
lowing form,  that  is  to  say: 

Chicago  City  Railway  Office,  City  of  Chicago.— ss. 

I,  Geo.  W.  Fuller,  secretary  of  the  Chicago  City  Railway  Company,  do 
hereby  certify  that  the  above  is  a true  copy  of  a resolution  of  record  passed 
by  the  board  "of  directors  of  said  company,  on  the  19th  day  of  November,  A. 
D.  1861. 

Witness  my  hand  and  the  corporate  seal  of  said  company,  this  19th  day 
of  November,  A.  D.  1861.  GEO.  W.  FULLER, 

(Seal)  Secretary  of  the  Chicago  City  R.  W.  Co. 

Know  all  men  by  these  presents,  That  the  Chicago  City  Railway  Company, 
for  and  in  consideration  of  the  passage  by  the  common  council,  and  the  ap- 
proval of  the  mayor  of  the  city  of  Chicago,  of  a certain  ordinance  entitled 
“An  ordinance  exempting  Canal  street  and  other  streets  from  railway  uses, 
by  substitution,  and  for  other  purposes,”  have  and  by  these  presents  do  here- 
by release  and  surrender  unto  the  said  city  of  Chicago,  any  and  all  right  to 
lay  down  a railway  track  along  the  course  of  either  Canal  street,  Harrison 
street,  or  Lake  street,  from  the  east  line  of  Market  street  to  the  same  line  of 
Despaines  street;  Provided,  however,  that  nothing  herein  contained  shall  be 
so  construed  as  to  affect  the  right  of  said  railway  company  to  cross  said 
Canal  street  at  the  point  of  intersection  therewith  by  any  east  and  west  street 
upon  which  said  company  has  the  right  to  a railway  track,  or  to  cross  said 
Harrison  street  at  the  point  of  intersection  therewith  by  Halsted  street. 

In  Testimony  Whereof,  The  said  The  Chicago  City  Railway  Company  has 
caused  these  presents  to  be  signed  by  its  president  and  secretary,  and  its  cor- 
porate seal  hereunto  affixed,  this  19th  day  of  November,  A.  D.  1861. 

(Seal)  W.  H.  WAITE,  President. 

GEO.  W.  FULLER,  Secretary. 

§ 433-  Chicago  City  Railway  company. 

IT  1.  Streets  reserved  specified. 

IT  2.  Penalty. 

if  3*  Construction  of  the  ordinance. 

if  4.  When  to  take  effect. 

An  ordinance  for  the  preservation  of  certain  streets  of  Chicago  from  railway 

uses.  (Passed  November  16,  1863.) 

f 1.  Streets  reserved,  specified.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  whereas,  by  an  act  of 

the  general  assembly  of  the  state  of  Illinois,  entitled,  “An  Act  to  pro- 
mote the  construction  of  horse  railways  in  the  city  of  Chicago,”  ap- 
proved February  14,  1859,  and  by  an  ordinance  of  the  common  council 
of  said  city  entitled  “An  ordinance  authorizing  the  construction  and 
operation  of  certain  horse  railways  in  the  streets  of  the  city  of  Chi- 
cago,” passed  August  16,  1858;  and  also  by  a certain  other  ordinance 
of  said  city,  in  pursuance  of  the  act  aforesaid,  entitled  “An  ordinance 
authorizing  the  extension  and  operation  of  certain  horse  railways  in 


1054 


STREET  RAILWAYS. 


the  streets  of  the  south  and  west  divisions  of  Chicago,”  passed  May  23, 
1859;  and  also  by  an  ordinance  of  said  city  entitled  “An  ordinance 
exempting  Canal  street  and  other  streets  from  railway  uses  by  substi- 
tution, and  for  other  purposes,”  passed  November  18,  1861,  authority 
and  consent  were  and  are  duly  granted  to,  vested  in  and  accepted  by 
the  Chicago  City  Railway  Company  and  its  assigns,  to  construct  single 
or  double  track  horse  railways  in,  upon  and  along  certain  streets  of 
said  city,  and  to  use  the  same  for  the  period  in  said  ordinances  men- 
tioned, among  which  said  streets  so  mentioned  are  Wabash  avenue 
and  Lake  street:  and  whereas,  it  is  deemed  and  considered  by  the  com- 
mon council  of  said  city  that  the  permanent  interest  and  welfare  of 
said  city  demand  the  exclusion  of  all  such  railways  from  said  Wabash 
avenue  and  from  all  of  said  Lake  street  east  of  the  east  line  of  Peck 
street,  and  from  certain  other  streets  hereinafter  named,  and  that  the 
same  should  be  kept  at  all  times  free  from  such  railways,  and  that  no 
other  railways  than  those  above  authorized  should  be  permitted  upon 
the  streets  in  said  ordinances  mentioned,  or  those  wherein  they  are 
now  in  use;  whereas  also  the  Chicago  West  Division  Railway  Com- 
pany, in  pursuance  of  an  act  of  said  general  assembly,  entitled  “An 
Act  to  authorize  the  extension  of  horse  railways  in  the  city  of  Chi- 
cago,” approved  February  21,  1861,  has  acquired  by  contract  with  the 
said  Chicago  City  Railway  Company,  all  such  right  to  use  said  streets 
as  was  and  hereby  is  granted  to  said  last  named  company  as  aforesaid, 
as  to  all  the  streets  in  said  west  division,  and  certain  of  the  streets 
in  the  south  division  of  Chicago,  in  said  ordinances  mentioned;  and 
the  said  respective  railway  companies  are  now  willing  to  give  up. and 
effectually  to  surrender  to  the  city  of  Chicago  any  and  all  right  to  con- 
struct or  use  any  railway  along  the  course  of  any  portion  of  said  Wa- 
bash avenue  or  of  said  Lake  street,  east  of  the  east  line  of  Peck  street, 
and  also  each  of  said  corporations  to  enter  into  covenant,  under  their 
respective  corporate  seals,  to  and  with  the  city  of  Chicago,  to  absolute- 
ly refrain  for  all  time  hereafter  from  constructing  or  using  any  railway 
along  the  course  of  either  of  said  streets  as  last  named,  or  of  Michigan 
avenue,  Third  avenue,  Washington  street,  Monroe  street,  Adams  street 
or  West  Jackson  street  (except  necessary  crossings  of  said  streets), 
upon  condition  that  the  railways  of  all  other  persons  or  corporations 
shall  likewise  be  excluded  therefrom : now,  therefore,  in  consideration 
of  all  and  singular  the  premises  of  said  release  and  surrender  as  afore- 
said, and  of  the  making  of  the  covenant  by  the  said  respective  rail- 
way companies  as  aforesaid,  the  said  common  council  do  by  virtue 
and  in  pursuance  of  the  said  acts  of  the  general  assembly  of  the  state  of 
Illinois,  and  the  powers  therein  otherwise  vested  by  law,  and  for  the 
promotion  of  the  permanent  interests  of  said  city,  ordain  and  declare 
that  no  railway  track  shall  be  constructed  or  used  for  or  during  the 
period  of  twenty  years  next  hereafter,  along  the  course  of  either  Mich- 
igan avenue,  Wabash  avenue,  Third  avenue,  Washington  street,  Lake 


CHICAGO  CITY  RAILWAY  COMPANY. 


1055 


§ 433] 


street  east  of  the  east  line  of  Peck  street,  Monroe  street,  Adams  street 
or  West  Jackson  street,  or  along  any  part  or  portion  of  the  course 
thereof,  nor  shall  the  railway  of  any  person  or  corporation,  other  than 
those  above  named  and  authorized  as  aforesaid,  be  constructed  or 
used  in,  upon  or  along  any  of  the  several  streets  in  said  ordinances 
mentioned. 

1 2.  Penalty.]  § 2.  That  if  any  person  or  corporation  shall 
enter  upon  either  said  Michigan  avenue,  Wabash  avenue,  Third  ave- 
nue, Washington  street,  Lake  street  east  of  the  east  line  of  Peck 
street,  Monroe  street,  Adams  street  or  West  Jackson  street,  or  any 
portion  of  the  same  (except  at  their  crossings),  or  dig  up  any  portion 
of  said  several  streets,  or  bring  upon  any  portion  thereof  any  timber, 
ties,  rails  or  other  materials,  with  the  intention  of  constructing  any 
railway  track  along  the  course,  in  or  upon  either  of  said  streets,  said 
person  or  corporation,  and  all  who  shall  be  aiding  or  abetting,  shall 
be  subject  to  a fine  of  one  hundred  dollars  for  each  and  every  offense. 

% 3.  Construction  of  the  ordinance.]  § 3.  This  ordinance 
shall  not  be  construed  to  create  any  obligation,  either  express  or  im- 
plied, which  shall  in  any  event  render  the  said  city  of  Chicago  liable 
to  any  action  or  claim  for  damages  at  the  suit  of  either  of  the  horse 
railway  companies  hereinbefore  mentioned,  or  their  successors  or  as- 
signs. * 

% 4.  When  to  take  effect.]  § 4.  This  ordinance  shall  be  in 
force  and  take  effect  as  soon  as  the  same  shall  have  been  duly  ac- 
cepted by  the  said  Chicago  City  Railway  Company  and  the  Chicago 
West  Division  Railway  Company,  and  the  covenants  hereinbefore 
mentioned  shall  have  been  duly  executed  by  said  companies  respect- 
ively. 

Note. — See  following  acceptances. 


COVENANTS  REFERRED  TO  IN  FOREGOING  ORDINANCE, 

Whereas:  At  a regular  meeting  of  the  common  council  of  the  city  of 

Chicago,  held  on  the  16th  day  of  November,  A.  D.,  1863,  an  ordinance  was 
passed,  entitled,  “An  ordinance  for  the  preservation  of  certain  streets  of 
Chicago  from  railway  uses,”  to  which  reference  is  hereby  made  as  a part 
hereof;  and  whereas,  it  is,  amongst  other  things  in  substance  recited  in  said 
ordinance, that  the  Chicago  City  Railway  Company  is  willing  to  give  up  and  ef- 
fectually surrender  to  the  city  of  Chicago  any  and  all  right  to  construct  or 
use  any  railway  along  the  course  of  any  portion  of  Wabash  avenue  or  of 
Lake  street  east  of  the  east  line  of  Peck  street  in  said  city;  and  also  to  enter 
into  covenant  under  its  corporate  seal,  to  and  with  the  city  of  Chicago,  to  ab- 
solutely refrain  for  all  time  hereafter  from  constructing  or  using  any  railway 
along  the  course  of  either  of  said  streets  last  named,  or  of  Michigan  avenue, 
Third  avenue,  Washington  street,  Monroe  street,  Adams  street  or  West 
Jackson  street  (except  necessary  crossings  of  said  streets)  upon  certain  con- 
ditions in  said  ordinance  mentioned.  Now,  therefore,  to  signify  the  accept- 
ance of  the  said  ordinance  by  the  said  Chicago  City  Railway  Company,  and 
to  cause  the  same  to  go  into  force  and  effect  as  therein  provided,  these 
articles  of  agreement,  made  and  entered  into  this  21st  day  of  November,  A. 


1056 


STREET  railways. 


[§  433 


D.  1863,  between  the  said  the  Chicago  City  Railway  Company,  the  party  of 
the  first,  and  the  city  of  Chicago,  party  of  the  second  part,  witness,  that  the 
party  of  the  first  part,  in  consideration  of  the  passage  by  the  common  coun- 
cil of  the  said  ordinance  as  aforesaid,  and  the  conditions  and  provisions  there- 
in contained,  and  in  pursuance  of  a resolution  of  the  board  of  directors  of 
the  said  party  of  the  first  part,  this  day  duly  passed,  has,  and  hereby  does 
give  up,  effectually  surrender  and  release  the  said  party  of  the  second  part, 
any  and  all  right  of  the  party  of  the  first  part  to  construct  or  use  any  rail- 
way along  the  course  of  any  portion  of  Wabash  avenue  or  of  Lake  street  east 
of  the  east  line  of  Peck  street,  in  said  city,  and  does  hereby  covenant  and 
agree  to  and  with  the  said  party  of  the  second  part  in  pursuance  of  said 
ordinance,  that  it,  the  said  party  of  the  first  part,  will  absolutely  refrain  for 
all  time  hereafter  from  constructing  or  using  any  railway  along  the  course  of 
either  of  said  last  named  streets,  or  along  the  course  of  either  Michigan 
avenue.  Third  avenue,  Washington  street,  Monroe  street,  Adams  street  or 
West  Jackson  street  (except  necessary  crossings  of  said  streets)  upon  the  con- 
ditions aforesaid;  Provided  that  nothing  herein  contained  shall  be  so  con- 
strued as  to  in  any  manner  affect  any  of  the  rights  of  the  said  party  of  the 
first  part  to  construct  or  use  a railway  upon  any  street  of  said  city  not  herein 
above  specified. 

Wherefore  the  said  party  of  the  first  part  has  caused  these  presents  to  be 
signed  by  its  president  and  secretary,  and  its  corporate  seal  to  be  hereunto 
affixed,  the  day  and  year  above  written. 

(Seal)  D.  A.  GAGE,  President  Chicago  City  Railway  Co. 

GEO.  W.  FULLER,  Sec’y  Chicago  City  Railway  Co. 

Whereas:  At  a regular  meeting  of  the  common  council  of  the  city  of 

Chicago,  held  on  the  16th  day  of  November,  A.  D.  1863,  an  ordinance  was 
passed,  entitled  “An  ordinance  for  the  preservation  of  certain  streets  of  Chi- 
cago from  railway  uses,”  to  which  ordinance  reference  is  hereby  made  as  a 
part  hereof;  and  Avliereas,  it  is  amongst  other  things  in  substance  recited  in 
said  ordinance,  that  the  Chicago  West  Division  Railway  Company  is  willing  to 
give  up  and  effectually  surrender  to  the  city  of  Chicago  any  and  all  right  to 
construct  or  use  any  railway  along  the  course  of  any  portion  of  Wabash 
avenue  or  of  Lake  street  east  of  the  east  line  of  Peck  street  in  said  city,  and 
also  to  enter  into  covenant  under  its  corporate  seal  to  and  with  the  city  of 
Chicago,  to  absolutely  refrain  for  all  time  hereafter,  from  constructing  or 
using  any  railway  along  the  course  of  either  of  said  streets  last  named  or  of 
Michigan  avenue,  Third  avenue,  Washington  street,  Monroe  street,  Adams 
street  or  West  Jackson  street  (except  necessary  crossings  of  said  streets)  up- 
on certain  conditions  in  said  ordinance  mentioned.  Now,  therefore,  to  signify 
the  acceptance  of  the  said  ordinance  by  the  said  the  Chicago  West  Division 
Railway  Company,  and  to  cause  the  same  to  go  into  force  and  effect  as  there- 
in provided,  these  articles  of  agreement  made  and  entered  into  this  twenty- 
first  day  of  November,  A.  D.  1863,  between  the  said  the  Chicago  West  Di- 
vision Railway  Company,  the  party  of  the  first  part,  and  the  city  of  Chicago, 
party  of  the  second  part,  witness,  that  the  party  of  the  first  part,  in  consid- 
eration of  the  passage  by  the  common  council  of  the  said  ordinance  as  afore- 
said, and  the  conditions  and  provisions  therein  contained,  and  in  pursuance 
of  a resolution  of  the  board  of  directors  of  the  said  party  of  the  first  part  this 
day  duly  past  has  and  hereby  does  give  up,  effectually  surrender  and  release 
to  the  said  party  of  the  second  part,  any  and  all  right  of  the  party  of  the 
first  part  to  construct  or  use  any  railway  along  the  course  of  any  portion  of 
Wabash  avenue  or  of  Lake  street  east  of  the  east  line  of  Peck  street  in  said 
city,  and  does  hereby  covenant  and  agree  to  and  with  the  said  party  of  the 
second  part,  in  pursuance  of  said  ordinance,  that  it,  the  said  party  of  the  first 
part,  will  absolutely  refrain  for  all  time  hereafter  from  constructing  or  us- 
ing any  railway  along  the  course  of  either  of  said  last  named  streets,  or  along 
the  course  of  either  Michigan  avenue,  Third  avenue,  Washington  street,  Mon- 


CHICAGO  CITY  RAILWAY  COMPANY. 


1057 


§§434,  435] 


roe  street,  Adams  street,  or  West  Jackson  street  (except  necessary  cross- 
ings of  said  streets),  upon  the  conditions  aforesaid;  Provided,  that  nothing 
herein  contained  shall  be  so  construed  as  to  in  any  manner  affect  any  of  the 
rights  of  the  said  party  of  the  first  part  to  construct  or  use  a railway  upon 
any  street  of  said  city  not  herein  above  specified. 

Wherefore  the  said  party  of  the  first  part  has  caused  these  presents  to  be 
signed  by  its  president  and  secretary,  and  its  corporate  seal  to  be  hereunto 
aflixed,  the  day  and  year  above  written. 

(Seal)  J.  R.  JONES,  President  The  Chicago  West  Division  Ry.  Co. 

WM.  H.  OVINGTON,  Sec’y  The  Chicago  West  Division  Ry.  Co. 


CHICAGO  CITY  RAILWAY  & NORTH  CHICAGO  RAIL- 
WAY COMPANY. 

§ 434.  Chicago  City  Railway  & North  Chicago  Railway  com- 
pany. 

An  ordinance  authorizing  the  connection  of  the  tracks  of  the  horse  railways  of  the 
North  Chicago  City  Railway  and  the  Chicago  City  Railway  companies  on 
State  street  bridge.  (Passed  January  18,  1864.) 

Note. — See  North  Chicago  Railway  company.] 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 435.  Chicago  City  Railway  company. 

1.  Grant,  route. 

2.  Time  of  completion. 

IT  3.  Tracks — paving  and  repair  of  streets. 

•fT  4.  Funeral  cars. 

•[[  5.  Animal  power  only, 
if  6.  When  in  force. 

An  ordinance  relating  to  horse  railways  in  the  south  division  of  Chicago. 

(Passed  August  22,  1864.) 

T 1.  Grant,  route.]  Be  it  ordained  by  the  common  council  of 
the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 

hereof,  and  the  undertaking  by  the  Chicago  City  Railway  Company 
to  comply  with  the  provisions  hereof,  authority,  permission  and  con- 
sent are  hereby  given,  granted  and  duly  vested  in  the  said  company, 
its  successors  and  assigns,  to  construct,  lay  down,  operate  and  main- 
tain a single  or  double  track  railway,  with  all  necessary  turn-outs,  side 
tracks  and  switches,  in,  upon  and  along  Eighteenth  street  from  State 
street  railway  to  the  east  line  of  Wabash  avenue;  on  State  street 
from  the  south  line  of  Lake  street,  northerly  to  the  center  of  Chi- 

67 


1058 


STREET  RAILWAYS. 


[§  435 


cago  river,  and  on  Indiana  avenue  a single  track,  from  Twenty- 
second  street  to  the  present  or  future  city  limits;  Provided,  that  the 
consent  of  the  owners  of  two-thirds  of  the  property,  by  lineal  meas- 
ure, fronting  upon  said  streets  respectively,  shall  first  be  obtained. 

1 2.  Time  of  completion.]  § 2.  The  said  railway  on  Eigh- 
teenth street  and  Indiana  avenue  shall  be  constructed  within  fifteen 
months  after  the  passage  of  this  ordinance  (unless  restrained  by  a court 
of  competent  jurisdiction)  and  the  residue  thereof  as  soon  after  the 
passage  hereof  as  may  be  practicable;  but  whenever  the  common 
council  shall  duly  determine  that  the  public  interest  requires  any  of 
said  lines  to  be  constructed,  then  said  company  may  be  required,  by 
ordinance  of  said  city,  to  construct  the  same  within  ninety  days  after 
the  passage  and  actual  notice  of  such  ordinance. 

1 3.  Tracks — paving  and  repair  of  streets.]  § 3.  Said  com- 
pany shall  construct  said  several  railways  of  the  kind  of  rail  prescribed 
by  the  ordinance  passed  August  nth,  1864,  entitled  “An  ordinance 
prescribing  the  gauge  and  rail  to  be  used  on  horse  railways  in  the  city 
of  Chicago,”  and  all  others  hereafter  passed  on  the  subject  of  the 
kind  of  rails  to  be  used  by  horse  railways,  and  shall  be  subject  to  and 
governed  by  the  ordinances  of  the  common  council  of  said  city  re- 
specting horse  railways  in  the  south  and  west  divisions  in  force,  except 
as  herein  otherwise  provided.  The  said  railway  company,  its  successors 
or  assigns,  as  respects  grading,  paving,  macadamizing,  filling  or  plank- 
ing, shall  at  their  own  expense,  keep  eight  feet  in  width  where  a single 
track  is  used  and  sixteen  feet  in  width  where  a double  track  is  used,  of 
said  streets  or  parts  thereof  so  occupied  in  good  repair,  so  that  wagons, 
carriages  and  other  vehicles  can  pass  and  repass  at  any  and  all  points, 
and  in  any  and  all  directions,  and  when  any  new  improvement,  paving, 
repaving,  planking  or  replanking,  is  ordered  by  the  common  council 
in  any  of  said  streets  or  parts  of  streets,  the  said  railway  company  shall, 
in  the  same  manner  and  with  like  material  as  required  of  the  owners  of 
property  as  to  other  contiguous  parts  of  the  street,  make  such  new 
improvements,  on  eight  feet  in  width  where  a single  track  is  used,  or 
sixteen  feet  in  width  where  a double  track  is  used;  and  if  the  said  com- 
pany shall  refuse  or  neglect  to  make  such  new  improvement  within  a 
reasonable  time,  to  be  fixed  by  the  ordinance,  the  work  may  be  done 
by  the  city,  and  the  costs  thereof  assessed  by  the  board  of  public 
works  on  said  company,  and  collected  as  other  assessments  from  any 
real  or  personal  property  of  said  company.  But  if  the  board  of  public 
works  should  deem  it  inexpedient  that  said  new  improvements  on  said 
streets  should  be  made  by  said  company,  then  the  same  shall  be  done 
by  the  city  as  in  other  cases,  and  the  cost  thereof  assessed  upon  and 
collected  of  said  company  in  manner  as  aforesaid.  And  if  the  said 
company  shall  refuse  or  neglect  to  make  any  necessary  repairs  as  afore- 
said, or  the  repairs  required  by  any  ordinance  heretofore  passed  and 


§ 436] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1059 


now  in  force  in  reference  to  the  said  railway  company,  after  twenty 
days  notice  from  the  board  of  public  works,  the  city  may  make  the 
repairs  and  collect  the  costs  thereof  by  suit  at  law  in  any  court  of  com- 
petent jurisdiction. 

1"  4.  Funeral  cars.]  § 4.  Said  railroad  company  shall  keep  on 
hand  a sufficient  number  of  cars  adapted  to  funeral  purposes,  in  which 
shall  be  suitable  compartments  for  carrying  the  corpse  by  itself;  and, 
on  the  application  of  any  person,  shall  furnish  not  exceeding  three 
cars,  unless  more  shall  be  agreed  upon,  at  some  convenient  point  on 
the  line  of  said  roads,  so  it  will  not  hinder  or  delay  other  cars  thereon, 
to  convey  the  corpse  and  persons  attending  the  funeral,  to  any  cem- 
etery to  which  its  lines  or  connections  extend;  Provided,  that  if  its 
funeral  cars  shall  be  all  engaged  for  funeral  purposes  before  such  ap- 
plication is  made,  the  company  shall  not  be  bound  to  furnish  the  same 
until  such  prior  engagement  is  fulfilled.  And  the  said  company  shall 
make  the  best  possible  arrangement  with  the  street  railway  compa- 
nies whose  lines  do  now  or  may  hereafter  extend  to  the  cemeteries,  to 
convey  cars  used  for  funeral  purposes  through  to  the  cemeteries,  so 
that  the  charge  of  conveying  any  corpse  from  points  on  said  lines  of 
railways  through  to  the  cemeteries,  shall  not  exceed  two  dollars,  and 
for  each  person  attending  such  funeral  not  exceeding  twenty-five  cents 
for  the  round  trip  out  and  back. 

T 5.  Animal  power  only.]  § 5.  The  cars  to  be  used  on  said 
several  railways  shall  be  operated  by  animal  power  only.  Said  rail- 
ways shall  not,  or  any  of  them,  except  as  herein  otherwise  provided, 
connect  with  any  other  railroad  operated  by  other  power;  nor  shall  the 
railway  cars  or  carriages  of  any  other  person  or  corporation  be  used 
or  operated  upon  or  along  any  of  the  said  railways,  or  any  or  either  of 
the  above  mentioned  streets,  except  with  the  consent  of  the  said  com- 
pany. The  said  company  is  hereby  permitted  to  operate  or  use  upon 
or  along  any  of  said  railways  the  cars  or  vehicles  of  any  other  railway 
company,  person  or  corporation  for  funeral  processions. 

IT  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  full 
force  from  and  after  its  passage. 

Note. — See  following  amendatory  ordinance. 

§ 436.  Chicago  City  Railway  company. 

IT  1.  Ordinance  of  August  22,  1864,  amended. 

2.  Amending  sections  1 and  2.  ,J  r ;T" ' 

An  ordinance  authorizing  the  extension  of  the  horse  railway  on  Indiana  avenue. 

(Passed  November  13,  1871.) 

1 1.  Ordinance  of  Aug.  22,  1864,  amended.]  Be  it  ordained 
by  the  common  council  of  the  city  of  Chicago:  § 1.  That  the  first 

and  second  sections  of  “An  ordinance  relating  to  horse  railways  in  the 
south  division  of  Chicago/’  passed  August  22,  1864,  be  and  the  same 


1060 


STREET  RAILWAYS. 


[§  436 


are  hereby  so  amended  that  the  time  for  the  construction  of  the  single 
track  railway,  with  necessary  turn-outs,  side  tracks  and  switches  in 
said  ordinance  mentioned,  on  Indiana  avenue,  be  extended  for  the  term 
of  two  years  from  the  passage  of  this  ordinance;  Provided,  however, 
that  if  said  Chicago  City  Railway  Company  shall  be  delayed  by  the 
order  or  injunction  of  any  court,  the  period  of  such  delay  shall  be  added 
to  such  extended  time,  and  the  right  and  authority  of  the  said  Chi- 
cago City  Railway  Company  to  maintain  and  use  its  track  and  tracks 
now  existing  on  Indiana  avenue  and  Eighteenth  street,  with  all  con- 
venient turn-outs,  side  tracks,  turn  tables  and  switches,  are  hereby 
confirmed  for  the  time  provided  in  said  ordinance. 

1"  2.  Amending  sections  1 and  2.]  § 2.  That  said  first  and 
second  sections  of  said  ordinance  relating  to  horse  railways  in  the  south 
division  of  Chicago,  passed  August  22,  1864,  be  and  the  same  are 
hereby  so  amended  that  said  Chicago  City  Railway  Company  may 
construct,  lay  d.own  and  operate,  and  maintain  a double  track  railway 
upon  said  Indiana  avenue,  from  the  north  line  of  Twenty-second  street 
to  the  present  and  future  city  limits,  in  lieu  of  a single  track,  side 
tracks,  switches  and  turn-outs;  Provided,  that  the  consent  of  the  own- 
ers of  the  majority  of  the  property  by  lineal  measure,  fronting  upon 
said  avenue  between  said  Twenty-second  street  and  said  city  limits 
shall  be  first  obtained;  Provided,  also,  that  said  tracks  shall  be  laid 
as  near  in  the  center  of  said  avenue  as  may  be  practicable,  and  shall  not 
occupy  more  than  fourteen  feet  in  width;  Provided,  also,  that  said 
company,  its  successors  or  assignees,  shall  at  its  own  expense  keep 
eight  feet  in  width  where  a single  track  is  used,  and  sixteen  feet  in 
width  where  a double  track  is  used  of  said  avenue,  or  parts  thereof  so 
occupied,  in  good  repair,  so  that  wagons,  carriages  and  other  vehicles 
can  pass  and  repass  at  any  and  all  points  and  in  any  and  all  directions ; 
and  when  any  new  improvements,  paving,  repairing,  planking  or  re- 
planking is  ordered  by  the  common  council  in  said  avenue,  or  any  part 
thereof,  the  said  company  shall  in  like  manner,  and  with  like  material 
as  required  of  the  property  as  to  other  contiguous  parts  of  said  avenue, 
make  such  new  improvements  on  eight  feet  in  width  where  a single 
track  is  used,  or  sixteen  feet  in  width  where  a double  track  is  used;  and 
if  the  said  company  shall  refuse  or  neglect  to  make  such  new  improve- 
ment within  a reasonable  time,  to  be  fixed  by  the  ordinance,  the  work 
may  be  done  by  the  city,  and  the  cost  thereof  assessed  by  the  board  of 
public  works  on  said  company,  and  collected  as  other  assessments 
from  any  real  or  personal  property  of  said  company.  But  if  the  board 
of  public  works  should  deem  it  inexpedient  that  said  new  improvements 
on  said  avenue  should  be  made  by  said  company,  then  the  same  shall 
be  done  by  the  city,  as  in  other  cases,  and  the  cost  thereof  assessed 
upon  and  collected  of  said  company  in  the  manner  as  aforesaid.  And 
if  the  said  company  shall  refuse  or  neglect  to  make  any  necessary 
repairs  as  aforesaid,  or  the  repairs  required  by  any  ordinances  hereto- 


§ 437]  CHICAGO  & CALUMET  HORSE  AND  DUMMY  RAILROAD  CO.  1061 

fore  passed  and  now  in  force  in  reference  to  the  said  railway  com- 
pany, after  twenty  days’  notice  from  the  board  of  public  works,  the 
city  may  make  the  repairs  and  collect  the  cost  thereof  by  suit  at  law 
in  any  court  of  competent  jurisdiction. 


CHICAGO  & CALUMET  HORSE  AND  DUMMY  RAILROAD 

COMPANY. 

§ 437.  Chicago  & Calumet  Horse  and  Dummy  Railroad  com- 
pany. 

If  1.  Grant. 

2.  Location  of  railway. 

Resolution  relating  to  the  Chicago  & Calumet  Horse  & Dummy  Railroad  com- 
pany. (Passed  June  1,  1868.) 

% 1.  Grant.]  Be  it  resolved,  that  the  Chicago  and  Calumet 
Horse  and  Dummy  Railroad  Company  may,  and  is  hereby  empowered, 
to  locate  a horse  or  dummy  engine  railroad  and  branches  along  and 
upon  the  following  roads  and  highways,  in  the  town  of  Hyde  Park, 
to  wit:  Forty-first  street,  from  the  center  of  State  street  to  the  east 

line  of  Cottage  Grove  avenue;  State  street,  from  the  limits  of  the  city 
of  Chicago  to  the  southern  terminus  of  said  street;  Indiana  avenue, 
from  the  limits  of  said  city  to  the  south  line  of  Forty-first  street;  Cot- 
tage Grove  avenue,  from  the  limits  of  said  city  tq  the  southern  terminus 
of  said  avenue;  Fifty-fifth  street,  otherwise  known  as  Elm  street,  from 
the  center  of  State  street  to  the  eastern  terminus  of  said  Fifty-fifth 
street,  or  Elm  street;  Junction  avenue,  or  Sixty-third  street,  from  the 
center  of  State  street  to  the  eastern  terminus  of  said  Junction  avenue  ; 
Jefferson  street,  from  the  north  line  of  Elm  street,  or  Fifty-fifth  street 
to  the  south  line  of  Willow  street;  Willow  street,  from  the  west  line 
of  Jefferson  street  to  its  terminus,  and  from  thence  any  common  high- 
way to  the  Indiana  state  line,  except  Hyde  Park  avenue  and  Lake 
avenue,  the  same  to  be  laid  down,  constructed  and  maintained  in  such 
manner  as  not  to  obstruct  the  common  travel  of  the  public  over  said 
highway.  The  line  on  Elm  street,  from  Cottage  Grove  avenue  to 
Hyde  Park  avenue,  is  to  be  constructed  within  five  years  from  July  i, 
1868. 

Resolved  by  the  board  of  trustees  of  the  town  of  Hyde  Park,  That 
the  foregoing  resolution,  presented  by  Mr.  Hennessy,  meets  our  ap- 
proval, and  we  respectfully  recommend  the  board  of  supervisors  of 
Cook  county  to  pass  the  same.  The  motion  prevailed  by  the  following 
vote:  Ayes — Cady,  Clark,  Doyle,  Ely,  Higgins,  Waite  and  Van 

Wyck— 7. 

Mr.  Van  Wyck  moved  and  it  was  adopted: 


1062 


STREET  RAILWAYS. 


[§  438 


H 2.  Location  of  railway.]  Resolved,  That  this  board  desires 
and  requests  that  the  Chicago  and  Calumet  Horse  and  Dummy  Rail- 
road Company  locate  their  road  on  Elm  street,  in  Hyde  Park,  over  the 
ditch  at  present  excavated  on  said  street,  on  the  south  side  thereof. 
And  also  that  said  railroad  company  proceed  to  fill  said  ditch,  the  cost 
of  same  to  be  paid  in  town  orders  on  account  of  Fifty-fifth  street  sewer 
fund.  The  value  of  such  work  to  be  estimated  by  the  superintendent 
of  public  works. 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 438.  Chicago  City  Railway  company. 

1.  Use  of  steam  power,  where. 

1 2.  Penalty  for  not  complying. 

An  ordinance  relating  to  the  State  street  dummy.  (Passed  October  3,  1870.) 

T 1.  Use  of  steam  power,  where.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  City 

Railway  Company  be  and  it  is  hereby  prohibited  from  using  steam  as 
a motive  power  on  State  street,  north  of  Egan  avenue,  on  and  after 
the  31st  day  of  December,  A.  D.  1871,  and  in  the  meantime  may  op- 
erate its  dummy  engine  on  its  Stock  Yard  line,  as  it  is  now  doing,  from 
the  city  limits  to  Thirty-first  street;  Provided,  it  will,  by  resolution  of 
its  board  of  directors,  signify  its  assent  hereto  and  undertake  to  oper- 
ate its  said  line  with  horses  to  said  city  limits  from  the  said  31st  day 
of  December,  with  a sufficient  number  of  cars  drawn  by  horses  to  ac- 
commodate the  public  travel  thereon ; And  provided,  further,  that  dur- 
ing said  period  the  fare  for  the  whole  distance  between  Randolph  street 
and  the  said  city  limits  shall  not  exceed  the  sum  of  five  cents;  And 
provided,  further,  that  a copy  of  said  resolution,  duly  certified  by  the 
secretary  of  said  company,  shall  be  filed  in  the  office  of  the  city  clerk, 
within  thirty  days  after  the  passage  of  this  ordinance. 

1 2.  Penalty  for  not  complying.]  § 2.  That  in  case  the  said 
Chicago  City  Railway  Company  shall  fail,  or  refuse  or  neglect  to  dis- 
continue the  use  of  steam  in  propelling  their  said  cars  on  the  State 
street  line,  south  of  Thirty-first  street  and  north  of  Egan  avenue,  as 
provided  in  section  one  of  this  ordinance,  then  the  said  company  shall 
be  liable  to  a fine  of  twenty-five  dollars  for  each  and  every  day,  or  part 
of  a day,  they  may  so  violate  the  provisions  of  said  section,  to  be  re- 
covered before  any  court  of  competent  jurisdiction. 


§ § g 439,  44°,  44 1 ] Chicago  city  railway  company. 


1063 


§ 439.  Chicago  City  Railway  company. 

1.  Extension  of  tracks. 

An  ordinance  relating  to  the  Chicago  City  Railway  company.  (Passed  Novem- 
ber 21,  1870.) 

1~  1.  Extension  of  tracks.]  Be  it  ordained  by  the  common 
council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  City  Railway 

Company  is  hereby  empowered  to  extend  its  track  or  tracks  now  au- 
thorized on  South  Clark  street,  from  the  terminus  thereof  on  Polk 
street  to  Twenty-second  street,  and  to  operate  and  maintain  the  same; 
Provided,  that  said  track  or  tracks  shall  be  completed  one  year  after 
the  removal  of  existing  railway  tracks  running  through  said  street  (un- 
less restrained  by  the  order  of  some  court  of  competent  jurisdiction.) 
But  said  track  or  tracks  shall  not  be  constructed  south  of  Twelfth 
street  until  after  the  removal  of  existing  railway  tracks  running 
through  said  street;  and  provided,  further,  that  all  ordinances  now  in 
force  regulating  the  kind  and  description  of  rail  to  be  used  by  street 
railways  and  the  construction  thereof,  as  well  as  those  relating  to  the 
ordinary  repairs  of  the  streets  used  by  said  Chicago  city  railways,  shall 
apply  to  said  Clark  street;  And  provided,  further,  that  said  track  shall 
not  be  constructed  south  of  Polk  street  until  said  company  shall  have 
constructed  said  track  from  Randolph  street  to  that  point. 

§ 440.  Chicago  City  Railway  company. 

If  1.  Steam  dummy  for  cleaning  snow. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  use  steam 
dummy  on  its  track,  etc.  (Passed  January  16,  1871.) 

If  1.  Steam  dummy  for  cleaning  snow.]  Be  it  ordained  by 
the  common  council  of  the  city  of  Chicago:  § 1.  That  the  Chicago 

City  Railway  Company  is  hereby  authorized  to  use  its  steam  dummy 
engines  upon  any  of  its  tracks  for  the  purpose  of  cleaning  the  same 
from  snow;  Provided,  however,  that  such  steam  dummy  engines  shall 
be  used  only  between  the  hours  of  twelve  o’clock  at  night  and  five 
o’clock  in  the  morning;  And  provided,  further,  that  the  right  and  au- 
thority hereby  granted  may  be  at  any  time  withdrawn,  and  this  ordi- 
nance repealed  by  the  common  council  of  said  city. 


CHICAGO  CITY  RAILWAY  AND  NORTH  CHICAGO  CITY 
RAILWAY  COMPANY. 

§ 441.  Chicago  City  Railway  and  North  Chicago  City  Railway 
company. 

An  ordinance  authorizing  the  connection  of  the  tracks  of  the  horse  railway  of  the 
North  Chicago  City  Railway  company  and  the  Chicago  City  Railway  com- 
pany on  Clark  street  bridge.  (Passed  November  20,  1871.) 


1064 


STREET  RAILWAYS. 


[§  442 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 442.  Chicago  City  Railway  company. 

1.  Grant. 

2.  Streets  designated. 

3.  Animal  power. 

4.  Passenger  service. 

•j[  5.  Tracks,  how  laid. 

% 6.  Pave  between  rails — indemnity  clause. 

nt  7.  Time  of  completion. 

ni  8.  Ordinance  construed. 

n[  9.  Privileges  subordinate  to  other  rights. 

nt  10.  Indemnity  clause. 

nf  11.  When  in  force — acceptance. 

An  ordinance  authorizing  the  construction  and  operation  of  certain  horse  rail- 
ways in  the  streets  of  the  city  of  Chicago.  (Passed  December  21,  1874.)  ^ 

If  1.  Grant.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § 1.  That  in  consideration  of  the  acceptance  hereof, 

and  the  undertaking  of  the  Chicago  City  Railway  Company  to  com- 
ply with  the  provisions  hereof,  authority,  permission  and  consent  are 
hereby  given,  granted  and  duly  vested  in  the  said  company,  its  succes- 
sors and  assigns,  to  construct,  lay  down,  operate  and  maintain  a double 
track  railway,  with  all  necessary  turn-outs,  turn-tables,  side  tracks  and 
switches,  in,  upon  and  along  the  course  of  certain  streets  in  the  city  of 
Chicago,  hereinafter  named,  and  to  operate  railway  cars  and  carriages 
thereon  in  the  manner  and  upon  the  conditions  hereinafter  prescribed; 
Provided,  the  tracks  of  said  railway  shall  not  be  laid  within  twelve  feet 
of  the  sidewalks  upon  any  of  the  streets,  except  in  turning  street  cor- 
ners. 

If  2.  Streets  designated.]  § 2.  That  said  railway  company  is 
hereby  authorized  to  lay  a single  or  double  track  for  a railway  in,  along 
and  upon  the  following  streets  in  said  city,  to  wit:  Commencing  on 

Twenty-second  street,  connecting  with  the  railway  tracks  in  said  street 
at  its  intersection  with  Wabash  avenue,  thence  north  along  Wabash 
avenue  to  Madison  street,  and  thence  west  along  Madison  street  to 
State  street,  and  connecting  with  the  railway  tracks  in  said  State 
street. 

1 3.  Animal  power.]  § 3.  The  cars  to  be  used  upon  said 
tracks  hereby  authorized  to  be  constructed  upon  said  Wabash  avenue 
and  Madison  street  shall  be  operated  with  animal  power  only,  and  no 
steam  railway  car  or  carriage  shall  be  used  upon  or  passed  over  said 
tracks. 

If  4.  Passenger  service.]  § 4.  The  said  tracks  and  cars  op- 
erated thereon  shall  be  used  for  no  other  purpose  than  to  transport 
passengers  and  their  ordinary  baggage,  and  the  cars  or  carriages  used 
for  that  purpose  shall  be  of  the  best  style  and  class  in  use  on  such  rail- 
ways, and  all  new  cars  built  and  operated  on  said  streets  by  said  com- 


§ 442] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1065 


pany  shall  be  of  that  kind  known  as  two-horse  cars,  with  a driver  and 
conductor,  who  shall  be  two  separate  persons. 

1"  5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  shall  be  so  laid  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  said  tracks,  at  every  and  all  points, 
and  in  any  and  all  directions,  without  obstruction. 

1 6.  Pave  between  rails— indemnity  clause.]  § 6.  The  said 
railway  company,  its  successors  and  assigns,  as  respects  grading  and 
paving,  shall  at  their  own  expense  grade  and  pave  the  space  between 
the  rails,  and  keep  the  same  in  good  repair  and  condition,  in  accord- 
ance with  such  ordinances,  orders  and  regulations  as  have  heretofore 
been  passed  or  adopted,  or  may  hereafter  be  passed  or  adopted  by  the 
common  council  of  said  city,  such  paving,  grading  and  repairs  to  be 
subject  to  and  done  under  the  superintendence  and  direction  and  to 
the  satisfaction  of  the  board  of  public  works  of  said  city,  or  other  board 
or  officers  of  said  city  having  charge  and  superintendence  of  the  im- 
provements and  repairs  of  streets;  and  said  railway  company,  its  suc- 
cessors and  assigns,  shall  he  liable  for  all  legal  damages  which  may  be 
sustained  by  any  person  by  reason  of  the  carelessness,  neglect  or  mis- 
conduct of  any  agent  or  servant  of  said  company,  its  successors  and 
assigns,  in  the  construction  or  the  use  of  said  tracks  or  railway,  or  by 
reason  of  the  misconstruction  or  faulty  or  defective  construction  of 
said  tracks,  or  any  of  them. 

IT  7.  Time  of  completion.]  § 7.  The  said  railway  shall  be 
constructed  from  Madison  street  to  Congress  street  within  six  months 
from  the  passage  of  this  ordinance,  and  the  residue  as  fast  as  said  ave- 
nue shall  be  repaved,  unless  restrained  by  a court  of  competent  juris- 
diction. 

If  8.  Ordinance  construed.]  § 8.  The  passage  of  this  ordi- 
nance shall  not  be  construed  as  a ratification  by  the  common  council 
of  any  act  of  the  general  assembly  of  the  state  of  Illinois  concerning 
horse  railways  in  the  city  of  Chicago,  passed  February  6,  1865,  or  as 
a modification  of  the  legal  effect  thereof. 

1 9.  Privileges  subordinate  to  other  rights.]  § 9.  No  rights 
or  powers  heretofore  vested  in  the  city  of  Chicago,  or  in  the  board  of 
water  commissioners  or  sewerage  commissioners,  or  in  the  board  of 
public  works  of  said  city,  or  in  any  board,  officer  or  officers  of  said 
city,  or  which  may  hereafter  be  so  vested  in  respect  to  the  water  works 
or  sewerage  of  said  city,  shall  in  any  manner  be  impaired  or  affected 
by  this  ordinance  or  by  reason  of  the  privileges  hereby  granted,  but 
the  privileges  hereby  granted  shall  be  exercised  and  enjoyed  subject 
and  subordinate  to  the  exercise  of  all  such  rights  and  powers  in  respect 
to  water,  water  works  and  sewerage. 

1 10.  Indemnity  clause.]  § 10.  The  permission  and  authority 


1066 


STREET  RAILWAYS. 


[§  443 


hereby  granted  are  upon  the  further  condition,  that  the  said  “The  Chi- 
cago City  Railway  Company”  shall  and  will  forever  indemnify  and 
save  harmless  the  city  of  Chicago  against  any  and  all  damages,  judg- 
ments, decrees  and  costs  and  expenses  of  the  same,  which  it  may  suffer 
or  which  may  be  recovered  and  obtained  against  said  city  for  or  by 
reason  of  the  granting  of  such  privilege  and  authority,  or  for  or  by  rea- 
son of  or  growing  out  of,  or  resulting  from  the  passage  of  this  ordi- 
nance or  any  matter  or  thing  connected  therewith,  or  with  the  exercise 
by  said  company  of  the  privileges  hereby  granted. 

1 11.  When  in  force— acceptance.]  § n.  This  ordinance 
shall  take  effect  and  be  in  force  as  soon  as  the  same  shall  have  been 
duly  accepted  by  the  said  The  Chicago  City  Railway  Company,  such 
acceptance  to  be  manifested  by  written  acceptance  duly  executed  by 
said  company,  and  filed  with  the  city  clerk  within  sixty  days  after 
the  approval  of  this  ordinance. 

§ 443.  Chicago  City  Railway  company. 

IF  i.  Grant  by  supervisor. 

TF  2.  Preamble. 

IF  3-  Resolution  rescinding  grant.  ” 

Right  of  way  given  by  A.  Colvin  to  Chicago  City  Railway.  (Passed  October  23, 

1875.) 

1"  1.  Grant  by  supervisor.]  The  subscriber,  supervisor  of  Lake 
township,  in  the  county  of  Cook,  state  of  Illinois,  does  hereby  authorize 
and  empower  the  Chicago  City  Railway  Company,  so  far  as  my  assent 
thereto  may  or  can  confer  authority  or  empower  to  construct,  lay 
down,  and  maintain  its  railways  with  a single  or  double  track,  and  with 
all  necessary  and  convenient  switches,  turn-outs  and  side  tracks  in. 
upon,  over,  and  along  any  common  highways  within  the  township  of 
Lake,  represented  by  me.  The  same  to  be  constructed,  laid  down  and 
maintained  in  such  manner  as  not  to  obstruct  the  common  travel  of 
the  public  over  said  highways;  and  I do  hereby,  as  the  said  supervisor 
of  the  township  of  Lake,  signify  my  assent  to  the  laying  down  and 
maintaining  of  said  railways  by  said  company,  in,  upon,  over  and  along 
any  common  highway  within  the  said  township  of  Lake,  in  the  man- 
ner aforesaid. 

Witness  my  hand  as  supervisor  as  aforesaid,  this  twenty-first  (21st) 
day  of  July,  A.  D.  1866. 

(Signed), 

ALBERT  COLVIN, 
Supervisor  of  the  town  of  Lake. 

Note. — See  following  resolution. 


CHICAGO  CITY  RAILWAY  COMPANY. 


1067 


I 444] 


RESOLUTION  CONCERNING  THE  RIGHT  OF  WAY  OF  CHICAGO  CITY 
RAILWAY  COMPANY. 

Passed  October  23,  1875. 

■([  2.  Preamble.]  Whereas,  it  has  come  to  the  knowledge  of  this 
board  that  the  Chicago  City  Railway  Company  claims  to  have  the  right 
and  authority  to  construct,  lay  down,  and  maintain  its  railways  with  a 
single  or  double  track,  and  with  all  necessary  and  convenient  switches, 
turnouts  and  sidetracks  in,  upon,  over  and  along  any  common  highway 
within  the  township  of  Lake,  by  virtue  of  a certain  pretended  permis- 
sion or  authority,  dated  on  or  about  July  21st,  A.  D.  18 66,  and  signed 
by  one  Albert  Colvin  as  supervisor  of  said  town  of  Lake,  and 

Whereas  said  railway  company  is  attempting  to  act  under  said  pre- 
tended authority  by  laying  down  its  track  in  said  town  of  Lake,  there- 
fore, 

1 3.  Resolution  rescinding  grant.]  Be  it  resolved  by  the 
board  of  trustees  of  the  town  of  Lake,  that  this  board  does  not  recog- 
nize or  acknowledge  any  right  or  authority  in  said  railway  company 
to  lay  any  track  whatever  in  said  town  of  Lake,  nor  any  right  or  au- 
thority to  enter  in  or  upon  any  street  or  highway  of  said  town  of  Lake, 
for  the  purpose  of  laying  or  constructing  any  railway  track,  switches, 
connections  or  turn-outs  whatever,  and  does  not  recognize  or  acknowl- 
edge the  power  or  authority  of -said  Albert  Colvin,  to  give  any  such 
permission,  and  if  any  such  exists,  or  if  the  said  railway  company  has 
any  such  license  or  permission,  the  same  is  hereby  revoked  and  an- 
nulled. 

Resolved  further,  that  the  said  Chicago  City  Railway  Company  is 
hereby  forbidden,  except  by  the  authority  and  permission  of  the  board 
of  trustees  of  the  town  of  Lake,  to  enter  into  or  upon  any  highway, 
street  or  alley  of  the  town  of  Lake,  for  the  purpose  of  constructing  or 
laying  any  railway  track,  switches,  sidetrack,  or  connections  within 
said  town. 

Resolved,  that  the  clerk  of  the  town  of  Lake  is  instructed  to  pre- 
pare and  serve  upon  the  president,  clerk  and  superintendent  of  said 
railway  company  a certified  copy  of  these  resolutions. 


§ 444.  Chicago  City  Railway  company. 

IF  1.  Grant. 

IT  2-  Route. 

ir  3-  Animal  power — passenger  service. 

IT  4.  Tracks. 

5*  Speed — power  of  council. 

If  6.  Rate  of  fare. 

IF  7-  Paving  and  repair  of  streets. 

IF  8.  Time  of  completion. 

IF  9.  Acceptance. 

Granting  the  right  of  way  to  the  Chicago  City  Railway  company.  (Passed  Octo- 
ber 23,  1875.) 


1068 


STREET  RAILWAYS. 


1"  1.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  tHe  town 
of  Lake:  § i.  That  there  is  hereby  granted  to  the  Chicago  City 

Railway  Company  permission,  or  authority  and  consent  of  the  board 
of  trustees  of  the  town  of  Lake,  to  lay  a single  track  for  a railway  with 
all  necessary  and  convenient  tracks  for  turn-outs,  sidetracks  and 
switches,  in  and  along  the  course  of  certain  streets  in  the  town  of 
Lake,  hereinafter  mentioned,  and  to  operate  railway  cars  and  carriages 
thereon  in  the  manner  and  upon  the  conditions  hereinafter  prescribed ; 
Provided,  that  said  track  shall  not  be  laid  within  eight  (8)  feet  of  the 
center  of  the  street  nor  upon  that  side  of  the  street  upon  which  the 
water  pipe  mains  of  the  town  of  Lake  are  laid,  upon  any  of  the  streets 
hereinafter  mentioned. 

1”  2.  Route.]  § 2.  That  the  said  company  is  hereby  authorized 
to  lay  a single  track  for  a railway  in  and  along  the  course  of  the  fol- 
lowing streets  in  said  town,  and  extending  the  same  as  follows:  Com- 
mencing on  State  street  at  the  center  line  of  Forty-first  (41st)  street, 
thence  south  on  State  to  61  st  street,  thence  west  on  61  st  street  to 
Wentworth  avenue,  thence  south  on  Wentworth  avenue  to  63rd  street, 
thence  west  on  63rd  street  to  Stewart  avenue,  thence  south  on  Stewart 
avenue  to  Normal  Parkway. 

T 3.  Animal  power — passenger  service.]  § 3.  The  cars  to  be 
used  upon  said  tracks  shall  be  operated  by  animal  power  only,  and 
each  car  shall  be  provided  with  and  accompanied  by  a conductor  other 
than  the  driver,  and  the  said  tracks  and  railways  shall  be  used  for  no 
other  purpose  than  to  transport  passengers  and  their  ordinary  bag- 
gage, and  the  cars  or  carriages  used  for  that  purpose  shall  be  of  the 
best  style  and  class  in  use  on  said  railways,  and  said  railway  shall  not 
connect  with  any  other  railroad  on  which  other  than  animal  power 
is  used,  and  no  railway  car  or  carriage  used  upon  any  other  railroad 
in  this  state  shall  be  used  or  passed  upon  said  track. 

1"  4.  Tracks.]  § 4.  The  tracks  of  said  railway  shall  not  be  ele- 
vated above  the  surface  of  the  street,  shall  be  laid  with  modern  im- 
proved rails,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  said  tracks  at  any  and  all  points  and  in  any  and 
all  directions. 

If  5.  Speed — power  of  council.]  § 5.  The  board  of  trustees 
of  the  town  shall  have  power  at  all  times  to  make  such  regulations  as 
to  the  rate  of  speed  and  time  of  running  said  cars  or  carriages  as  the 
public  safety  and  convenience  may  require,  and  said  company  shall  be 
subject  to  and  be  governed  by  the  ordinances  in  force,  or  which  may 
hereafter  be  passed,  in  respect  to  horse  railways  in  the  town  of  Lake, 
so  far  as  the  same  may  be  applicable. 

If  6.  Rate  of  fare.]  § 6.  The  rate  of  fare  for  any  distance 
within  the  town  of  Lake  shall  not  exceed  five  (5)  cents,  except  where 
cars  or  carriages  shall  be  chartered  for  a specific  purpose. 


§ 444*] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1069 


T 7.  Paving  and  repair  of  streets.]  § 7.  Whenever  the  board 
of  trustees  of  the  town  of  Lake  shall  order  the  grading,  paving,  ma- 
cadamizing, planking,  filling,  or  any  other  improvement  whatsoever 
within  the  power  of  said  board  of  trustees,  of  the  said  streets  or  parts 
of  streets  on  which  the  Chicago  City  Railway  Company  is  hereby  au- 
thorized to  construct  its  tracks,  the  said  railway  company  shall  pay  the 
cost  of  eight  feet  in  width  of  said  improvement  where  a single  track 
shall  be  laid,  and  the  cost  of  sixteen  (16)  feet  in  width  of  the  said  im- 
provement where  a double  track  shall  he  laid,  and  shall  be  liable  to  be 
specially  assessed  therefor  in  case  the  said  improvement  shall  be  or- 
dered to  be  made  by  special  assessment,  and  in  case  the  said  improve- 
ment shall  be  ordered  to  be  made  otherwise  than  by  special  assessment, 
then,  and  in  such  case,  the  said  company  shall  be  liable  to  pay  its  pro- 
portion as  aforesaid  of  the  cost  of  said  improvement  to  the  said  town 
of  Lake,  the  same  to  be  recoverable  by  suit  against  the  said  company, 
in  any  proper  term  of  action.  The  said  company  shall  also  at  all 
times  keep  in  good  repair  and  condition,  in  accordance  with  the  ordi- 
nances of  the  said  town  of  Lake  now  in  force,  or  which  piay  hereafter 
be  passed,  eight  feet  in  width  of  such  streets  or  parts  of  streets  in  which 
it  shall  construct  a single  track,  and  sixteen  feet  in  width  of  such  streets 
or  part  of  streets  in  which  it  shall  construct  a double  track;  and  in  case 
the  said  railway  company  shall  fail  or  refuse  so  to  do  for  10  days  after 
proper  notice  so  to  do,  then  the  same  may  be  done  by  the  said  town  of 
Lake,  and  the  said  company  shall  be  liable  for  the  costs  and  expenses 
thereof,  the  same  to  be  recoverable  by  suit  against  said  company  in 
any  court  of  competent  jurisdiction. 

1 8.  Time  of  completion.]  § 8.  The  right  and  privileges 
granted  to  said  railway  company  by  virtue  of  this  ordinance  shall  be 
forfeited  to  the  town  of  Lake,  unless  said  railway  shall  be  completed  on 
State  street  to  Sixty-first  (61  st)  street  within  six  months  from  the  pas- 
sage of  this  ordinance,  and  shall  be  fully  completed  on  all  of  said 
streets  or  parts  of  streets,  on  or  before  the  first  day  of  October,  1876, 
unless  delayed  by  the  order  or  injunction  of  some  court  of  competent 
jurisdiction. 

If  9.  Acceptance.]  § 9.  Said  railway  company  shall,  within 
twenty  (20)  days  from  the  passage  of  this  ordinance,  file  with  the  clerk 
of  the  town  of  Lake  a written  acceptance  of  the  terms  and  conditions 
thereof,  or  forfeit  all  rights  thereunder. 


§ 444* 

IT 

IT 

nr 

IT 

nr 

IT 

nr 


Chicago  City  Railway  company. 

1.  Grant — Thirty-ninth  street. 

2.  Animal  power. 

3.  Passenger  service — running  time. 

4.  Tracks,  how  laid.  \ 

5.  Rate  of  fare. 

6.  Subject  to  ordinances. 

7.  Repair  of  streets. 


1070 


STREET  RAILWAYS. 


[§  444* 

8.  Condition  of  grant. 
g.  Rights  forfeited,  when. 

IT  io.  Time  of  completion. 
ii.  Running  time. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  laydown,  main- 
tain and  operate  a horse  railway  on  certain  streets.  (Passed  November  20, 

1875.) 

IF  1.  Grant—  39th  street.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission 
and  authority  is  hereby  granted  to  the  Chicago  City  Railway  Com- 
pany, its  successors  and  assigns,  to  lay  down,  construct  and  use  a 
single  track  for  a horse  railway,  with  all  necessary  and  convenient 
tracks  for  switches  and  turn-tables  in  Egan  avenue,  or  Thirty-ninth 
street,  from  the  tracks  now  in  Cottage  Grove,  or  Fifteenth  avenue,  to 
the  tracks  now  in  State  street  or  First  avenue,  connecting  with  the 
various  lines  of  street  railways  between  said  avenues.  The  track  shall 
be  laid  so  that  the  north  rail  shall  be  two  feet  three  inches  south  of 
the  north  boundary  of  the  village  of  Hyde  Park. 

T 2.  Animal  power.]  § 2.  The  cars  to  be  used  upon  said 
track  shall  be  operated  with  animal  power  only;  and  said  track  shall 
not  connect  with  any  other  railroad  on  which  other  power  is  used;  and 
no  railway  car  or  carriage  used  upon  any  other  railroad  in  this  state 
shall  be  used  or  passed  upon  said  track. 

1 3.  Passenger  service — running  time.]  § 3.  The  said  track 
shall  be  used  for  no  other  purpose  than  to  transport  passengers  and 
their  ordinary  baggage,  and  the  cars  and  carriages  used  for  that  pur- 
pose, shall  be  of  the  best  style  and  class  in  use  on  such  railways.  The 
president  and  board  of  trustees  shall  have  power  at  all  times  to  make 
such  regulations  as  to  the  rate  of  speed  and  the  time  of  running  said 
cars  or  carriages  as  the  public  safety  or  convenience  may  require. 

1 4.  Track,  how  laid.]  § 4.  The  track  of  said  railroad  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  shall  be  so  laid  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  said  track  at  any  point,  and  in  any 
and  all  directions  without  obstruction. 

IF  5-  Rate  of  fare.]  § 5*  The  rate  of  fare  for  any  distance  on 
said  track  and  to  the  Union  Stock  Yards,  in  the  town  of  Lake,  shall 
not  exceed  five  cents,  except  where  cars  or  carriages  shall  be  char- 
tered for  a specific  purpose. 

IF  6.  Subject  to  ordinances.]  § 6.  The  permission  to  lay  the 
track  is  granted  subject  to  all  ordinances  of  the  village  of  Hyde  Park 
now  in  force,  or  that  may  hereafter  be  passed  in  relation  to  said  rail- 
roads. 

1 7.  Repair  of  streets.]  § 7.  The  Chicago  City  Railway,  its 
successors  and  assigns,  shall  keep  such  portion  of  said  Egan  avenue  as 
is  occupied  by  its  track  and  north  of  its  rails,  in  good  repair  and  condi- 


445]  ENGLEWOOD  HORSE  AND  DUMMY  RAILROAD  COMPANY. 


1071 


tion  during  the  whole  time  that  the  privilege  hereby  granted  to  said 
company  shall  extend,  in  accordance  with  whatever  ordinances  may  be 
passed  by  said  village  of  Hyde  Park. 

% 8.  Condition  of  grant.]  § 8.  This  ordinance  shall  take  ef- 
fect only  on  condition  that  said  company  at  the  same  time  build  an- 
other single  track  like  the  one  provided  for  in  this  ordinance,  within 
the  city  of  Chicago,  upon  said  Thirty-ninth  street,  between  said  Cot- 
tage Grove  avenue  and  State  street,  so  that  said  two  tracks  shall  form 
a complete  double  track. 

1 9.  Rights  forfeited,  when.]  § 9.  Said  company,  its  assigns 
and  successors,  shall  forfeit  the  rights  herein  granted  if  at  any  time  and 
under  any  circumstances  three  tracks  shall  be  laid  in  said  Egan  avenue, 
whether  in  that  part  of  said  avenue  situated  in  the  village  of  Hyde 
Park,  or  in  the  city  of  Chicago. 

1 10.  Time  of  completion.]  § 10.  It  is  hereby  expressly 
provided  and  conditioned,  that  unless  the  single  track  mentioned  in 
this  ordinance  is  built  according  to  the  provisions  herein  contained 
within  a year  from  the  approval  of  this  ordinance  by  the  president  of 
the  board  of  trustees,  that  said  company,  its  assigns  and  successors 
shall  take  no  rights  under  this  ordinance,  but  the  same  shall  be  null, 
and  without  effect. 

if  11.  Running  time.]  § 11.  The  said  company,  its  assigns 
and  successors,  shall  cause  cars  to  be  run  along  the  full  length  of  its 
line  from  said  Cottage  Grove  avenue  to  State  street,  on  said  Egan 
avenue,  as  often  as  once  every  thirty  minutes  each  way  from  6 o'clock 
a.  m.,  to  6 o’clock  p.  m.,  every  day. 


ENGLEWOOD  HORSE  AND  DUMMY  RAILROAD  COM- 
PANY. 

§ 445.  Englewood  Horse  and  Dummy  Railroad  company.1 
If  1.  Grant — Wentworth  avenue. 

Hf  2.  Animal  power — style  of  car. 
if  3.  Gauge — style  of  rail. 

Tf  4.  Subject  to  ordinances. 

If  5.  Rate  of  fare. 

If  6.  Paving  and  street  repairs, 
if  7.  Time  of  completion, 
if  8.  Indemnity  clause. 

if  9.  Acceptance.  • 

An  ordinance  granting  right  of  way  to  Chicago  and  Englewood  Horse  and  Dummy 
Railroad  company.  (Passed  November  6,  1875.  Accepted  November  20 
1875-) 


1072 


STREET  RAILWAYS. 


[§  445 


% 1.  Grant — Wentworth  avenue.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake:  § i.  That  there  is  hereby  granted 

to  the  Chicago  and  Englewood  Horse  and  Dummy  Railroad  Com- 
pany permission  and  authority  and  consent  of  the  board  of  trustees  of 
the  town  of  Lake,  to  lay  a single  track  for  a railway,  with  all  necessary 
and  convenient  tracks  for  turn-outs,  side-track  and  switches,  in  and 
along  the  course  of  Wentworth  avenue  in  the  town  of  Lake,  from  39th 
street  to  61  st  street,  and  to  operate  railway  cars  and  carriages  thereon 
in  the  manner  and  upon  the  conditions  hereinafter  prescribed;  Pio- 
vided,  that  the  inside  rail  of  said  track  shall  not  be  laid  within  eight 
feet  of  the  center  of  the  street,  nor  upon  that  side  of  the  street  upon 
which  the  town  of  Lake  water-pipe  mains  are  laid. 

T 2.  Animal  power — style  of  cars.]  § 2.  The  cars  to  be  used 
upon  said  track  shall  be  operated  by  animal  power  only,  and  each  car 
shall  be  provided  with  and  accompanied  by  a conductor  other  than  the 
driver,  and  the  said  track  and  railway  shall  be  used  for  no  other  pur- 
pose than  to  transport  passengers  and  their  ordinary  baggage,  and  the 
cars  or  carriages  used  for  that  purpose  shall  be  of  the  best  style  and 
class  in  use  on  such  railways,  and  shall  not  exceed  16  feet  in  length, 
and  said  railway  shall  not  connect  with  any  other  railroad  on  which 
any  other  than  animal  power  is  used,  and  no  railway  car  or  carriage 
used  upon  any  other  railway  in  this  state  shall  be  used  or  passed  upon 
said  track,  and  in  case  the  said  railway  company  shall  violate  any  of 
the  provisions  of  this  section,  it  shall  be  liable  to  a fine  of  fifty  (50)  dol- 
lars for  each  and  every  day,  or  part  of  a day,  that  it  may  so  violate  the 
same,  and  shall  forfeit  to  the  town  of  Lake  all  the  rights  and  privileges 
granted  to  them  by  this  ordinance. 

1 3.  Gauge — style  of  rails.]  § 3.  The  gauge  of  said  railway 
shall  be,  and  hereby  is,  fixed  at  four  (4)  feet  eight  and  one-half  (8*4) 
inches.  The  rails  used  on  said  track  shall  be  what  is  known  as  the 
tram  rail,  having  a profile  taken  crosswise  of  the  rail,  such  as  is  shown 
on  the  sketch  following,  marked  “A.” 

The  width  of  said  rail  shall  be  from  outside  to  outside  five  (5) 
inches;  the  width  of  the  tram  shall  be  three  (3)  inches  horizontal,  the 
height  along  the  wagon  edge  or  the  height  from  the  tram  to  the  high- 
est part  of  the  rail  shall  not  be  more  than  seven-eighths  {?/%)  of  an  inch; 
the  upper  part  of  the  rail  shall  be  laid  below  the  level  of  the  surface  of 
the  street,  and  so  laid  that  carriages  and  other  vehicles  can  safely  and 
easily  cross  at  any  and  all  times  and  in  any  and  all  directions.  The 
whole  manner  of  constructing  said  railway  so  as  to  carry  out  the  pro- 
visions of  this  ordinance,  shall  be  under  the  direction  of  the  superin- 
tendent of  public  works  and  engineer  of  the  town  of  Lake. 

1 4.  Subject  to  ordinances.]  § 4.  The  board  of  trustees  of 
the  town  of  Lake  shall  have  power  at  all  times  to  make  such  regula- 
tions as  to  the  rate  of  speed  and  time  of  running  said  cars  or  carriages 


ENGLEWOOD  HORSE  AND  DUMMY  RAILROAD  COMPANY. 


1073 


as  the  public  safety  and  convenience  may  require,  and  said  company 
shall  be  subject  to  and  be  governed  by  the  ordinances  in  force,  or  which 
may  hereafter  be  passed  in  respect  to  horse  railways  in  the  town  of 
Lake,  as  far  as  the  same  may  be  applicable. 

T 5.  Rate  of  fare.]  § 5.  The  rate  of  fare  for  any  distance 
within  the  town  of  Lake  shall  not  exceed  five  (5)  cents,  except  when 
cars  or  carriages  shall  be  chartered  for  a specific  purpose,  and  the  .said 
company  shall  sell  commutation  tickets,  on  application,  on  the  cars  or 
at  the  company’s  office,  so  that  the  rate  of  fare  shall  not  be  more  than 
four  (4)  cents  for  single  passage. 

% 6.  Paving  and  street  repair.]  § 6.  Whenever  the  board 
of  trustees  of  the  town  of  Lake  shall  order  the  grading,  paving,  ma- 
cadamizing, planking,  filling,  or  any  improvement  whatsoever,  within 
the  power  of  said  board  of  trustees,  of  the  said  streets  or  pants  of  streets 
on  which  the  Chicago  and  Englewood  Horse  and  Dummy  Railway 
Company  is  hereby  authorized  to  construct  its  tracks,  the  said  railway 
company  shall  pay  the  costs  of  eight  (8)  feet  in  width  of  said  improve- 
ment where  a single  track  shall  be  laid,  and  the  cost  of  sixteen  (16) 
feet  in  width  of  the  said  improvement  where  a double  track  shall  be 
laid,  and  shall  be  liable  to  be  specially  assessed  therefor  in  case  the 
said  improvement  shall  be  made  by  special  assessment;  and  in  case  the 
said  improvement  shall  be  ordered  to  be  made  otherwise  than  by  spe- 
cial assessment,  then,  and  in  such  case,  the  said  company  shall  be  liable 
to  pay  its  proportion  as  aforesaid  of  the  cost  of  said  improvement  to  the 
said  town  of  Lake,  the  same  to  be  recoverable  by  suit  against  the  com- 
pany in  any  proper  form  of  action.  The  said  company  shall  also  at 
all  times  keep  in  good  repair  and  condition,  in  accordance  with  the  or- 
dinances of  the  said  town  of  Lake  now  in  force,  or  which  may  hereafter 
be  passed,  eight  (8)  feet  in  width  of  such  streets  or  parts  of  streets  in 
which  it  shall  construct  a single  track,  and  sixteen  (16)  feet  in  width  of 
such  streets  or  part  of  streets  in  which  it  shall  construct  a double  track; 
and  in  case  said  railway  company  shall  fail  or  refuse  so  to  do  for  ten 
(10)  days  after  proper  notice  so  to  do,  then  the  same  may  be  done  by 
the  town  of  Lake,  and  the  said  company  shall  be  liable  for  the  cost  and 
expense  thereof,  the  same  to  be  recoverable  by  suit  against  said  com- 
pany in  any  court  of  competent  jurisdiction. 

1 7.  Time  of  completion.]  § 7.  The  rights  and  privileges 
granted  to  said  railway  company  by  virtue  of  this  ordinance  shall  be 
forfeited  to  the  town  of  Lake,  unless  said  railway  shall  be  completed 
from  61  st  street  to  47th  street  by  January  15th,  1876,  and  the  whole 
length  of  said  Wentworth  avenue  from  39th  street  to  Sixty-first  street 
by  May  15th,  1876,  and  shall  have  two  cars  at  least,  running  on  said 
portions  as  soon  as  completed  respectively,  unless  delayed  by  the  order 
or  injunction  of  some  court  of  competent  jurisdiction. 

1 8.  Indemnity  clause.]  § 8.  The  rights  and  privileges 


1074 


STREET  RAILWAYS. 


granted  by  this  ordinance,  to  the  Chicago  and  Englewood  Horse  and 
Dummy  Railway  Company,  are  granted  upon  the  express  understand- 
ing and  condition  that  the  said  railway  company  shall  procure  from 
the  owners  of  the  fee  the  right  of  way  for  said  railway,  where  the  fee 
of  said  street  (Wentworth  avenue)  is  not  now  vested  in  the  town  of 
Lake,  and  shall  pay  all  damages  to  the  owners  of  property  abutting 
upon  the  streets,  alleys,  roads,  highways  or  public  grounds  upon  or 
over  which  said  railway  shall  be  constructed,  which  they  may  sustain 
by  reason  of  the  location,  or  construction  of  said  railway. 

IT  9.  Acceptance.]  § 9.  Said  railway  company  shall,  within  ten 
(10)  days  from  the  passage  of  this  ordinance,  file  with  the  town  clerk 
of  the  town  of  Lake  a resolution  of  said  company  accepting  the  terms 
and  conditions  of  this  ordinance,  and  in  default  thereof  shall  forfeit  all 
rights  thereunder. 

Note. — See  following  amendatory  ordinance  and  repealing  ordi- 
nance. 

§ 446.  Englewood  Horse  and  Dummy  Railroad  company. 

IT  1.  Amending  section  i of  the  foregoing  ordinance. 

2.  Acceptance. 

An  ordinance  granting  additional  rights  to  the  Chicago  and  Englewood  Horse  and 

Dummy  Railroad  company.  (Passed  December  18,  1875.  Accepted  Decem- 
ber 25.  1875.) 

1.  Amending  section  1 of  foregoing  ordinance.]  Be  it 

ordained  by  the  board  of  trustees  of  the  town  of  Lake:  § 1.  That 

section  of  an  ordinance  passed  by  the  board  of  trustees  of  the  town  of 
Lake  on  the  sixth  day  of  November,  A.  D.  1875,  granting  to  the  Chi- 
cago and  Englewood  Horse  and  Dummy  Railway  Company  permis- 
sion and  authority  to  construct  and  operate  a horse  railway  on  Went- 
worth avenue  from  Thirty-ninth  street  to  Sixty-first  street  in  the  town 
of  Lake  be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows, 
to  wit: 

“Section  1.  That  there  is  hereby  granted  to  the  Chicago  and 
Englewood  Horse  and  Dummy  Railway  Company  permission  or  au- 
thority and  consent  of  the  board  of  trustees  of  the  town  of  Lake  to  lay 
a single  track  for  a railway  with  all  necessary  and  convenient  tracks 
for  turn-outs,  side-tracks  and  switches,  in  and  along  the  course  of 
Wentworth  avenue  in  the  town  of  Lake,  from  Thirty-ninth  street  to 
Sixty-third  street,  thence  west  on  Sixty-third  street  to  Stewart  avenue, 
thence  south  on  Stewart  avenue  to  Normal  parkway,  and  to  operate 
railway  cars  and  carriages  thereon,  in  the  manner  and  upon  the  condi- 
tions hereinafter  prescribed,  provided,  that  the  inside  rail  of  said  track 
shall  not  be  laid  within  six  feet  of  the  center  line  of  the  street  on  said 
Sixty-third  street,  nor  within  eight  feet  of  the  center  of  the  street  on 
said  Wentworth  and  Stewart  avenues,  nor  upon  that  side  of  the  street 
upon  which  the  town  of  Lake  water-pipe  mains  are  laid  and  that  no 


g § 447-8]  ENGLEWOOD  HORSE  AND  DUMMY  RAILROAD  COMPANY.  1075 

side-track,  turn-out  or  switch  shall  be  laid  upon  Sixty-third  street,  and 
that  said  tracks  shall  not  be  so  laid  as  to  obstruct  or  encroach  upon  the 
ditches  or  sewers  in  said  streets.” 

^f  2.  Acceptance.]  § 2.  The  said  railway  company  shall,  with- 
in ten  days  from  the  passage  of  this  ordinance,  file  with  the  clerk  of  the 
town  of  Lake  a written  acceptance  of  the  said  amendment  and  the 
terms  and  -conditions  thereof,  or  the  same  shall  be  of  no  effect 

§ 447.  Englewood  Horse  and  Dummy  Railroad  company. 

1.  Preamble.  ' 

if  2.  Repeal.  - ----- 

3.  Company  ordered  to  remove  tracks, 
if  4.  Notice  to  company. 

An  ordinance  repealing  an  ordinance  granting  certain  rights  to  the  Chicago  and 

Englewood  Horse  and  Dummy  Railroad  company,  passed  November  6,  1875. 

(Passed  May  6,  1876.) 

if  1.  Preamble.]  Whereas,  The  Chicago  and  Englewood  Horse 
and  Dummy  Railway  Company  has  failed  to  comply  with  the  condi- 
tions of  an  ordinance  passed  by  the  board  of  trustees  of  the  town  of 
Lake  on  the  sixth  day  of  November,  A.  D.  1875,  granting  to  said  rail- 
way company  the  right  to  build  and  operate  a horse  railroad  on  the 
line  of  Wentworth  avenue  in  the  town  of  Lake,  subject  to  the  condi- 
tions in  said  ordinance  prescribed. 

1"  2.  Repeal.]  Therefore,  be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake:  § 1.  That  said  ordinance  be  and  the  same  is 

hereby  repealed. 

If  3.  Company  ordered  to  remove  tracks.]  § 2.  That  said 
railway  company  is  hereby  ordered  to  remove  all  obstructions,  ties 
and  stringers  placed  by  them  in  and  along  Wentworth  avenue  in  the 
town  of  Lake,  within  ten  days  from  this  date,  and  on  failure  so  to  do 
that  the  same  be  moved  by  the  sergeant  of  police  and  road  masters  in 
the  several  districts  of  the  town  of  Lake. 

If  4.  Notice  to  company.]  § 3.  The  town  clerk  is  instructed 
to  deliver  to  the  secretary  of  said  railway  company  a certified  copy  of 
this  ordinance. 

§ 448.  Englewood  Horse  and  Dummy  Railroad  company. 

, IT  1.  Grant— Wentworth  avenue, 
if  2.  Time  of  completion. 

TT  3.  Paving  and  repair  of  streets. 

if  4-  Animal  power — running  time — rate  of  fare. 

If  5.  Funeral  cars. 

if  6.  Time  of  completion. 

IT  7-  Rights  in  city  officers. 
i[  8.  Acceptance — bond, 
if  9.  Term  of  grant. 

An  ordinance  authorizing  the  Chicago  and  Englewood  Horse  and  Dummy  Rail- 
- road company  to  lay  its  tracks  in  Wentworth  avenue.  (Passed  July  31,  1876.) 


1076 


STREET  RAILWAYS. 


[§  448 


1 1.  Grant — Wentworth  avenue.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  Samuel  W.  Allerton, 

George  Schneider,  Peter  Wolf,  D.  Vaughn,  John  R.  Walsh,  Thos. 
Brennan  and  others,  corporators  and  stockholders  by  and  under  their 
corporate  name  of  the  Chicago  and  Englewood  Horse  and  Dummy 
Railroad  Company,  be  authorized  to  lay  a double  track,  of  the  form 
commonly  used  on  street  railroads  in  the  city  of  Chicago,  commencing 
on  Wentworth  avenue  at  its  intersection  with  Thirty-ninth  street, 
thence  running  north  on  Wentworth  avenue  to  Twentieth  street. 

T 2.  Time  of  completion.]  § 2.  The  said  Chicago  and 
Englewood  Horse  and  Dummy  Railroad  Company  shall  begin  the 
construction  of  said  tracks  within  six  months  after  the  passage  of  this 
ordinance,  and  shall  complete  the  same  within  one  year  thereafter, 
unless  delayed  by  the  order  or  injunction  of  some  court  of  competent 
jurisdiction. 

If  3.  Paving  and  repair  of  streets.]  § 3.  Whenever  the  city 
of  Chicago  or  other  competent  authority  of  said  city  shall  order  the 
grading,  paving,  macadamizing,  planking,  filling  or  any  improvement 
whatsoever  within  the  power  of  said  city,  of  the  streets  or  part  of 
streets  on  which  it  is  hereby  authorized  to  construct  said  tracks,  the 
said  Chicago  and  Englewood  Horse  and  Dummy  Railroad  Company 
shall  pay  the  cost  of  sixteen  feet  in  width  of  such  improvement,  and 
shall  be  liable  to  be  specially  assessed  therefor;  in  case  the  said  im- 
provement shall  be  ordered  to  be  made  otherwise  than  by  special 
assessment,  then  and  in  such  case  the  said  company  shall  be  liable 
to  pay  its  proportion  as  aforesaid  of  the  cost  of  said  improvement  to 
the  said  city,  the  same  to  be  recoverable  by  suit  against  the  said  com- 
pany in  any  proper  form  or  action.  The  said  company  shall  also  at 
all  times  keep  in  good  repair  and  condition,  in  accordance  with  the 
ordinances  of  said  city  now  in  force,  or  which  may  hereafter  be  passed, 
eight  feet  in  width  of  such  streets  or  parts  of  streets  in  which  it  shall 
construct  a single  track,  and  sixteen  feet  in  width  of  such  street  or 
parts  of  streets  in  which  it  shall  construct  a double  track;  and  in  case 
the  said  railway  company  shall  fail  or  refuse  so  to  do,  for  ten  days 
after  proper  notice  so  to  do,  then  the  same  may  be  done  by  the  said 
city,  and  the  said  company  shall  be  liable  for  the  cost  and  expense 
thereof,  the  same  to  be  recoverable  by  suit  against  said  company  in 
any  court  of  competent  jurisdiction. 

1 4.  Animal  power — running  time — rate  of  fare.]  § 4.  The 
cars  to  be  used  on  said  railway  tracks  shall  be  operated  by  animal 
power  only,  and  each  car  shall  be  provided  with  and  accompanied  by 
a conductor  other  tham  the  driver,  and  the  said  tracks  and  railways 
shali  be  used  for  no  other  purpose  than  to  transport  passengers  and 
their  ordinary  baggage,  except  as  hereinafter  provided.  The  city 
council  shall  have  power,  at  all  times,  to  make  such  regulations  as  to 
the  rate  of  speed,  and  the  times  of  running  said  cars  or  carriages, 


§ 44^]  ENGLEWOOD  HORSE  AND  DUMMY  RAILROAD  COMPANY.  1077 

as  the  public  safety  and  convenience  may  require.  The  rate  of  fare 
for  any  distance  shall  not  exceed  five  cents  for  which  passengers 
have  to  be  delivered  from  Randolph  street  to  city  limits  or  back, 
except  when  cars  or  carriages  shall  be  chartered  for  a specific  pur- 
pose, and  the  said  company  shall  sell  commutation  tickets  on  appli- 
cation on  the  cars,  or  at  the  company’s  office,  so  that  the  rate  of  fare 
shall  not  be  more  than  four  cents  for  a single  passage.  The  tracks 
of  said  company  shall  not  be  elevated  above  the  surface  of  the  street, 
and  shall  be  laid  with  modern  improved  rails,  and  shall  be  so  laid 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  said  tracks 
at  any  and  all  points,  and  in  any  and  all  directions,  without  obstruc- 
tion. The 'said  company  shall  be  subject  to  and  be  governed  by  the 
ordinances  now  in  force  or  which  may  hereafter  be  passed  in  respect 
to  horse  railways  in  the  south  division  of  said  city,  so  far  as  the  same 
may  be  applicable. 

If  5.  Funeral  cars.]  •§  5.  The  said  railway  company  shall  keep 
on  hand  a sufficient  nupiber  of  cars  adapted  to  funeral  purposes,  in 
which  shall  be  suitable  compartments  for  conveying  the  corpse  by 
itself;  and  on  application  of  any  person  shall  furnish  not  exceeding 
three  cars,  unless  more  shall  be  agreed  upon,' at  some  convenient 
point  on  the  line  of  its  road,  so  as  not  to  hinder  nor  delay  other  cars 
thereon,  to  convey  the  corpse  and  persons  attending  the  funeral  to 
any  cemetery  to  which  its  lines  or  connections  extend,  and  the  said 
company  shall  make  such  arrangements  with  the  steam  or  street  rail- 
way companies  whose  lines  do  now  or  may  hereafter  extend  to  any 
cemetery,  so  that  the  charge  for  conveying*  any  corpse  from  any  point 
on  said  lines  of  railways  through  to  any  cemetery  shall  not  exceed 
two  dollars,  and  for  each  person  attending  such  funeral  not  exceeding 
twenty-five  cents  for  the  round  trip. 

If  6.  Time  of  completion.]  § 6.  The  rights  and  privileges 
granted  to  said  railroad  by  virtue  of  this  ordinance  shall  be  forfeited 
to  the  city  of  Chicago,  unless  the  construction  of  said  railroad  on 
said  Wentworth  avenue  shall  be  commenced  within  six  months  from 
the  passage  of  this  ordinance,  and  shall  be  fully  completed  within  one 
year  thereafter;  Provided,  said  railroad  company  is  not  prevented 
from  completing  said  railroad  by  order  or  injunction  of  any  court,  as 
provided  in  section  two  of  this  ordinance. 

7.  Rights  in  city  officers.]  § 7.  All  rights  heretofore  vested 
in  the  board  of  public  works  or  other  corporations  are  not  to  be 
impaired  or  affected  by  this  ordinance,  but  the  rights  and  privileges 
hereby  granted  are  subject  thereto. 

T 8,  Acceptance — bond.]  § 8.  Said  company  shall,  within  ten 
days  from  the  passage  of  this  ordinance,  file  a written  acceptance  of 
the  terms  and  conditions  of  the  same,  or  otherwise  forfeit  all  benefit 
thereto,  and  shall  file  a satisfactory  bond  in  the  penal  sum  of  twenty- 
five  thousand  dollars,  guaranteeing  the  fulfillment  of  said  conditions. 


1078 


STREET  RAILWAYS. 


[§  § 449,  45^ 


If  9.  Term  of  grant.]  § 9.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage,  and  the  rights  hereby  conferred 
shall  continue  for  the  term  of  twenty  years  from  the  passage  of  this 
ordinance. 

Note. — See  following  ordinance. 

§ 449.  Englewood  Horse  and  Dummy  Railroad  company, 
y*  1.  Time  extended,  section  6 of  foregoing  ordinance. 

T1  2.  When  in  force. 

An  ordinance  authorizing  the  extension  of  time  within  which  the  tracks  shall  be 
built  on  Wentworth  avenue,  between  Twenty-ninth  (29th)  and  Thirty-ninth 
(39th)  streets,  by  the  Chicago  and  Englewood  Horse  and  Dummy  Railroad 
company.  (Passed  July  23,  1877.) 

If  1.  Time  extended,  section  6 of  foregoing  ordinance.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

the  time  within  which  the  Chicago  and  Englewood  Horse  and  Dummy 
Railway  Company,  was  by  ordinance  of  July  31st,  1876,  required  to 
construct  its  tracks  between  Twenty-ninth  (29)  street  and  Thirty-ninth 
(39)  street,  on  Wentworth  avenue,  be,  and  the  same  is  hereby  extended 
for  the  space  and  time  of  six  months  after  a sewer  shall  have  been 
constructed  on  said  Wentworth  avenue,  between  Twenty-ninth  (29) 
street  and  Thirty-ninth  (39)  street;  Provided,  however,  that  if  said 
Chicago  and  Englewood  Horse  and  Dummy  Railway  Company  shall 
be  delayed  by  the  order  or  injunction  of  any  court,  the  period  of  such 
delay  shall  be  added  to  such  extended  time. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 450.  Chicago  City  Railway  company. 

]f  1.  Grant — Indiana  avenue — Fifty-first  street. 

*[[  2.  Cars  to  be  used. 

] 3.  Paving  and  repair  of  streets. 

*[’  4.  Rate  of  fare. 

^ 5.  Animal  power — time  of  completion. 

6.  Reservation  of  rights. 

*ff  7.  Rights  forfeited,  when, 
y 8.  Term  of  grant. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  con- 
struct a street  railway  on  Indiana  avenue  and  Fifty-first  street.  (Passed  and 
approved  June  4,  1877.  Accepted  June  11,  1877.) 

If  1.  Grant — Indiana  avenue— 51st  street.]  Be  it  ordained  by 
the  president  and  board  of  trustees  of  the  village  of  Hyde  Park:  g 1. 


CHICAGO  CITY  RAILWAY  COMPANY. 


1079 


450] 


That  permission  and  authority  is  hereby  granted  to  the  Chicago  City 
Railway  Company,  its  successors  and  assigns,  to  construct,  maintain 
and  operate  a double  track  street  railway,  with  all  necessary  and  con- 
venient side-tracks,  switches  and  turn-tables  in  streets  and  parts  of 
streets,  as  follows,  to  wit:  Commencing  at  the  intersection  of  Indiana 
or  Fourth  avenue  with  Egan  avenue  or  Thirty-ninth  street,  and  con- 
necting with  the  tracks  now  on  those  streets;  thence  south  on  Indiana 
or  Fourth  avenue  to  Fifty-first  street;  thence  east  on  Fifty-first  street 
to  Grand  Boulevard.  Said  double  tracks  shall  be  placed  upon  the 
center  sixteen  (16)  feet  of  said  Indiana  or  Fourth  avenue  and  Fifty- 
first  street. 

T|  2.  Cars  to  be  used.]  § 2.  The  cars  to  be  use'd  upon  said 
tracks  shall  be  used  only  to  transfer  passengers  and  their  ordinary 
baggage,  and  the  cars  and  carriages  used  for  that  purpose  shall  be 
of  the  best  style  and  class  in  use  on  street  railways.  The  tracks  of 
said  railways  shall  not  be  elevated  above  the  surface  of  the  street,  and 
shall  be  laid  with  modern  improved  rails,  and  shall  be  so  laid  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  said  tracks  at 
any  point,  in  any  and  all  directions  without  obstruction,  and  the  dam- 
age, if  any,  done  to  private  property  by  the  construction  and  use  of 
said  tracks,  shall  be  paid  by  the  Chicago  City  Railway  Company. 

Tf  3.  Paving  and  repair  of  streets.]  § 3.  The  Chicago  City 
Railway  Company,  its  successors  and  assigns,  shall  keep  sixteen  (16) 
feet  in  width  (being  the  sixteen  feet  occupied  by  said  tracks)  of  said 
streets  and  parts  of  streets  so  occupied  by  its  said  tracks,  in  good 
order  and  condition  during  the  whole  time  that  said  streets,  or  parts 
of  streets,  shall  be  so  occupied  by  said  tracks. 

*[f  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  for  any  distance  on 
said  tracks  shall  not  exceed  five  cents,  except  when  cars  or  carriages 
shall  be  chartered  for  a specific  purpose.  H 

1 5.  Animal  power — time  of  completion.]  § 5.  The  cars  to 
be  used  upon  said  tracks  shall  be  operated  with  animal  power  only, 
and  said  tracks  shall  not  connect  with  any  other  railroad  on  which 
other  power  is  used,  and  no  car  or  carriage  used  upon  any  other  rail- 
road in  this  state  shall  be  used  or  passed  upon  said  tracks.  The  said 
railway  company  shall  commence  operating  said  road  as  soon  as  com- 
pleted, and  after  two  years  from  the  passage  of  this  ordinance,  at 
least  three  trips  each  way  shall  be  made  each  day  over  said  double 
tracks,  during  the  term  for  which  these  rights  and  privileges  are 
granted. 

1 6-  Reservation  of  rights.]  § 6.  The  village  of  Hyde  Park, 
for  itself  and  its  citizens,  reserves  the  right  to  put  in  sewerage,  gas, 
water  or  any  other  improvements  which  may  be  required  at  any  place 
in  said  avenue  and  street,  using  reasonable  care  and  diligence,  without 
any  liability  for  damages  to  said  Chicago  City  Railway  Company,  its 
successors  and  assigns,  for  so  doing. 


1080 


STREET  RAILWAYS. 


[§  451 


1 7.  Rights  forfeited  when.]  § 7.  The  said  railway  company, 
its  successors  and  assigns,  shall  forfeit  the  rights  herein  conferred, 
should  said  double  track  road  not  be  completed  within  six  months  after 
the  passage  and  approval  of  this  ordinance.  This  ordinance  shall  take 
effect  only  after  service  of  notice  of  acceptance  of  this  charter  by  the 
Chicago  City  Railway  Company,  upon  the  village  clerk,  within  thirty 
days  after  the  passage  of  this  ordinance. 

1 8.  Term  of  grant.]  § 8.  The  rights  and  privileges  hereby 
granted  shall  continue  for  the  time  and  space  of  twenty  years  from 
the  passage  and  approval  of  this  ordinance,  and  shall  be  subject  to  all 
the  ordinances  of  the  village  of  Hyde  Park  now  in  force  in  relation 
to  horse  railroads,  and  to  all  police  regulations  now  existing,  or  which 
may  hereafter  be  passed  by  said  village. 

§ 451.  Chicago  City  Railway  company. 

<|[  1.  Grant — Van  Buren  street. 

2.  Paving  and  repair  of  streets. 

3.  Term  of  grant. 

T[  4.  Acceptance. 

An  ordinance  authorizing  the  extension  of  railway  tracks  on  Van  Buren  street, 

from  State  street  to  a point  fifty  (50)  feet  east  of  Wabash  avenue.  (Passed 

March  26,  1877.) 

1"  1.  Grant — Van  Buren  street.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  City 

Railway  Company  is  hereby  authorized  and  permitted  to  lay  down, 
maintain  and  operate  a single  or  double  track  railway,  with  all  neces- 
sary turn-outs,  switches  and  side-tracks,  on  East  Van  Buren  street 
from  State  street  to  a point  fifty  (50)  feet  east  of  the  east  line  of  Wa- 
bash avenue,  connecting  with  the  tracks  now  located  on  said  State 
street  and  Wabash  avenue. 

I-  2.  Paving  and  repair  of  streets.]  § 2.  The  said  railway 
company,  its  successors  or  assigns,  as  respects  grading,  paving, 
macadamizing,  filling  or  planking,  shall  at  their  own  expense  keep 
eight  (8)  feet  in  width  where  a single  track  is  used,  and  sixteen  (16) 
feet  in  width  where  a double  track  is  used,  of  said  street  or  parts 
thereof  so  occupied  in  good  repair,  so  that  wagons,  carriages  and  other 
vehicles  can  pass  and  repass  at  any  and  all  points  and  in  any  and  all 
directions,  and  when  any  new  improvement,  paving,  repaving,  plank- 
ing or  replanking  is  ordered  by  the  common  council  in  any  of  said 
street  or  parts  of  street,  said  railway  company  shall,  in  the  same  man- 
ner and  with  like  material  as  required  of  the  owners  of  property  as 
to  other  contiguous  parts  of  the  street,  make  such  new  improvements 
on  eight  (8)  feet  in  width  where  a single  track  is  used  or  sixteen  (16) 
feet  in  width  where  a double  track  is  used;  and  if  the  said  company 
shall  refuse  or  neglect  to  make  such  new  improvements  within  a 
reasonable  time  to  be  fixed  by  the  ordinance,  the  work  may  be  done 
by  the  city,  and  the  cost  thereof  assessed  on  the  said  company  and 


§ 45  2] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1081 


collected  as  other  assessments  from  any  real  or  personal  property  of 
said  company. 

T 3.  Term  of  grant.]  § 3.  The  rights  and  privileges  hereby 
conferred  shall  continue  for  and  during  the  term  of  twenty  (20)  years 
from  and  after  the  passage  hereof. 

T 4.  Acceptance.]  § 4.  This  ordinance  shall  take  effect  when- 
ever it  shall  be  accepted  by  said  company,  but  unless  accepted  within 
thirty  (30)  days  after  the  passage  thereof,  the  same  shall  be  null  and 
void. 


STREET  RAILWAYS. 

Annual  license  fees. 

AMENDATORY  ORDINANCE. 

Street  repairs. 

The  Calumet  Electric  Street  Railway  company. 

Calumet  Electric  Street  Railway  company  and  the  South  Chicago  City  Rail- 
way company. 

The  Chicago  City  Railway  company,  North  Chicago  City  Railway  company. 

AMENDATORY  OF  PRECEDING  ACT. 

Henry  Fuller,  Franklin  Parmelee,  Liberty  Bigelow. 

AMENDATORY  ORDINANCE. 

An  ordinance  authorizing  the  connection  of  the  North  Chicago  City  Railway  and 
the  Chicago  City  Railway  on  State  street  bridge. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  operate  a horse 
railway  on  certain  streets. 

An  ordinance  granting  right  of  way  to  Chicago  and  Englewood  Horse  and 
Dummy  Railroad  company. 

An  ordinance  repealing  above. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  con- 
struct a street  railway  on  Indiana  avenue  and  Fifty-first  street. 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 452.  Chicago  City  Railway  company. 

1.  Grant — South  Ilalsted  street. 

Tf  2.  Tracks,  how  laid. 

*| [ 3.  Animal  power. 

If  4-  Passenger  service — rate  of  fare — connections. 

11  5.  Paving  and  repair  of  streets. 

6.  Time  of  completion — failure  to  operate  line. 

^f  7.  Rights  of  city  not  affected. 


1082 


STREET  RAILWAYS. 


[§  452 


f 8.  Term  of  grant. 

^ 9.  Purchase  of  tracks,  etc. 

10.  How  purchase  consummated. 

^1  11.  Acceptance — when  in  force. 

An  ordinance  authorizing  the  construction  and  operation  by  the  Chicago  City 

Railway  company,  of  a track  on  South  Halsted  street  from  Thirty-ninth 

(39th)  street  to  the  south  branch  of  the  Chicago  river.  (Passed  July  9,  1877.) 

If  1.  Grant— South  Halsted  street.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof,  and  the  undertaking  of  the  Chicago  City  Railway 
Company  to  comply  with  the  provisions  herein  contained,  permis- 
sion and  consent  are  hereby  given,  granted  and  duly  vested  in  said 
company,  its  successors  and  assigns,  to  lay  down,  operate  and  main- 
tain a double  track  railway  with  all  necessary  and  convenient  turn- 
outs, turn-tables,  side-tracks  and  switches,  on  South  Halsted  street, 
from  Thirty-ninth  (39th)  street  to  the  south  branch  of  the  Chicago 
river;  the  same  shall  not  be  constructed  until  the  improvements  of 
said  street  by  filling,  grading,  paving,  macadamizing  or  otherwise, 
shall  by  ordinance  of  the  city  council  be  authorized  to  be  made  con- 
tinuously from  Archer  avenue  to  Thirty-ninth  (39th)  street. 

Provided,  that  if  said  company  shall  be  delayed  by  the  order  or 
injunction  of  any  court  of  competent  jurisdiction  from  completing 
said  railway,  the  time  of  such  delay  shall  be  excluded  from  the  period 
prescribed  herein  for  completing  the  same. 

T 2.  Tracks — how  laid.]  § 2.  The  tracks  of  such  railway 
shah  be  laid  with  such  modern  improved  rails  as  may  be  prescribed 
by  the  city,  and  shall  be  laid  level  with  the  street,  so  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  said  tracks,  at  any  and 
all  points,  and  in  any  and  all  directions,  without  obstruction. 

T 3.  Animal  power.]  § 3.  The  cars  to  be  used  upon  said 
tracks  shall  be  operated  with  animal  power  only. 

14,  Passenger  service — rate  of  fare — connections.]  §4.  The 
said  tracks  and  railway  shall  be  used  for  no  other  purpose  than  to 
transport  passengers,  and  the  cars  and  carriages  for  that  purpose  shall 
be  of  the  best  style  and  class. 

The  rate  of  fare  for  any  distance  on  said  track  and  its  connections 
with  other  tracks  shall  not  exceed  five  cents,  except  when  cars  or 
carriages  shall  be  chartered  for  a specific  purpose. 

Said  tracks  shall  be  connected  with  the  lines  of  the  Chicago  West 
Division  Railway  Company,  now  operating  on  Halsted  street,  and 
when  the  same  shall  be  so  connected  the  rate  of  fare  over  both  lines 
shall  not  exceed  five  cents  as  provided  by  ordinance  of  October  2nd, 
1876. 

1 5.  Paving  and  repair  of  streets.]  § 5.  Whenever  the  city 
council  of  Chicago  or  other  competent  authority  of  said  city,  shall 
order  the  grading,  paving,  macadamizing,  planking,  filling  or  any 


§ 452] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1083 


other  improvement  of  said  street,  the  said  Chicago  City  Railway 
Company  shall  pay  the  cost  of  sixteen  (16)  feet  in  width  of  said  im- 
provement, and  shall  keep  the  said  16  feet  and  their  tracks  at  all 
times,  at  its  own  cost,  in  such  good  repair  and  condition  that  wag- 
ons, carriages  and  other  vehicles  can  with  ease  and  safety  pass  and 
repass,  at  any  and  all  points,  and  in  any  and  all  directions,  and  as  to 
said  sixteen  feet  in  width  shall  at  its  own  cost,  pave,  repave,  plank  or 
replank,  as  may  by  ordinance  be  ordered  at  any  time  by  the  city 
council,  on  said  South  Halsted  street  so  far  as  embraced  in  this  ordi- 
nance. 

T 6.  Time  of  completion — failure  to  operate  line.]  § 6.  If 

the  said  company  shall  fail  to  complete  the  said  railway  in  thisi  ordi- 
nance mentioned  and  provided  within  one  year  after  the  passage  of  an 
ordinance,  authorizing  the  improvement  of  said  street  by  macadamiz- 
ing, planking  or  otherwise,  and  according  to  the  conditions  presented 
herein,  then  the  rights  and  privileges  granted  by  virtue  hereof  re- 
specting said  railway,  shall  be  forfeited  to  the  city  of  Chicago,  unless 
the  city  council  shall  grant  to  said  company  a further  extension  oi 
time;  or  if  said  company  shall  fail,  at  any  time,  to  operate  that  portion 
of  the  line  between  Archer  avenue  and  the  south  branch  of  Chicago 
river  in  the  same  manner,  and  as  regularly  as  that  portion  of  the 
line  south  of  Archer  avenue  is  operated,  then  the  rights  and  privileges 
granted  by  this  ordinance  shall  be  forfeited  to  the  city  of  Chicago. 

T 7.  Rights  of  city  not  affected.]  § 7.  All  rights  heretofore 
vested  in  other  corporations,  the  board  of  public  works,  or  water  or 
sewerage  departments,  are  not  to  be  impaired  or  affected  by  any- 
thing herein  contained,  but  the  rights  and  privileges  hereby  granted 
are  subject  thereunto. 

IF  8.  Term  of  grant.]  § - 8.  The  said  company  may  keep, 
maintain,  use  and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages,  upon  the  terms  with  the  rights  and  subject  to  the  condi- 
tions and  restrictions  mentioned  in  the  act  incorporating  said  com- 
pany, and  acts  amendatory  of  the  same,  for  the  term  and  period  of 
twenty  years  from  the  date  and  passage  of  this  ordinance. 

9.  Purchase  of  tracks,  etc.]  § 9.  The  said  company  shall 
be  entitled  to  enjoy  all  such  rights  and  privileges  hereby  granted  after 
the  expiration  of  the  time  fixed  in  this  ordinance,  and  until  the  city 
council  shall  thereafter  elect  by  order  for  that  purpose,  to  grant  the 
privilege  to  some  person,  persons,  party  or  parties,  or  company,  to 
purchase  said  track  or  tracks,  cars,  carriages,  furniture  and  imple- 
ments and  appurtenances  of  every  kind  and  description  used  in  the 
construction  and  operation  of  said  railway,  and  pay  for  the  same  in 
the  manner  hereinafter  mentioned. 

IF  10.  How  purchase  consummated.]  § 10.  Such  order  to 
purchase  shall  fix  the  time  when  said  person,  persons,  party,  parties  or 


1084 


STREET  RAILWAYS. 


company  will  take  such  railway  and  other. property  before  mentioned, 
which  shall  not  be  less  than  six  months  after  the  passage  of  said  order^ 
and  at  the  time  of  taking  such  railway  and  other  property  before 
mentioned,  the  said  person,  party  or  company  shall  pay  to  the  parties 
operating  the  same,  a sum  of  money  to  be  ascertained  by  three  com- 
missioners, to  be  appointed  for  that  purpose  as  follows: 

One  to  be  chosen  by  said  person  or  parties  from  the  disinterested 
freeholders  of  Cook  county,  one  in  like  manner  by  the  said  company, 
its  associates  or  successors,  operating  said  road,  and  the  two  persons 
so  chosen  to  choose  the  third  from  said  freeholders. 

If  11.  Acceptance — when  in  force.]  § n.  This  ordinance  shall 
take  effect  and  be  in  force  as  soon  as  the  same  shall  be  accepted  by 
the  company. 

§ 453.  Chicago  City  Railway  company. 

1.  Remove  tracks  temporarily — right  to  relay. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  remove  tempo- 
rarily their  tracks  in  Eighteenth  street,  between  Wabash  avenue  and  State 
street.  (Passed  August  11,  1879)  " 

1 1.  Remove  tracks  temporarily — right  to  relay.]  Be  it  or- 
dained by  the  common  council  of  the  city  of  Chicago:  That  au 

thority  and  consent  be,  and  the  same  are  hereby  granted  to  the  Chi- 
cago City  Railway  Company  to  take  up  and  remove  temporarily 
their  railway  tracks  on  Eighteenth  street,  between  State  street  and 
Wabash  avenue,  with  the  right  to  reconstruct  and  restore  the  same, 
with  necessary  curves  and  side  tracks,  whenever  it  shall  be  deemed 
by  them  desirable  so  to  do;  and  afterward  to  maintain  and  use  the 
said  tracks  upon  the  same  terms  and  conditions,  and  with  the  same 
privileges,  immunities  and  exemptions  heretofore  granted  to  said 
company  under  existing  ordinances  and  contracts  relating  to  the  use 
of  that  portion  of  said  street  for  railway  purposes. 

§ 454.  Chicago  City  Railway  company. 

1.  Running  time  on  certain  routes. 

2.  Penalty  for*failure  to  comply. 

T|  3.  When  in  force. 

An  ordinance  in  regard  to  the  time  of  running  horse  cars  on  South  Halsted 
street  and  Archer  avenue.  (Passed  December  27,  1880.) 

1 1.  Running  time  on  certain  routes.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  City  Rail- 
way Company  be  and  is  hereby  ordered  and  directed  to  run  on  South 
Halsted  street,  between  Thirty-ninth  street  and  the  south  branch  of 
the  Chicago  river  between  the  hours  of  1 2 and  6 o'clock  in  the  morn- 
ing, Sundays  excepted,  at  least  one  car  every  hour  of  each  and  every 
day,  and  the  said  Chicago  City  Railway  Company  is  hereby  further 
ordered  and  directed  to  run  on  Archer  avenue,  between  the  western 
terminus  of  its  tracks  and  State  street,  a night  car,  at  least  one  car 


§ 455] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1085 


every  hour,  between  12  and  6 o’clock  in  the  morning  of  each  and 
every  day,  to  connect  with  the  night  car  on  State  street,  between  the 
same  hours  as  aforesaid.  That  the  Chicago  West  Division  Railway 
Company  be  and  it  is  hereby  ordered  and  directed  to  run  a night  car 
between  State  street  and  the  South  Halsted  street  bridge,  between 
the  hours  of  12  o’clock  and  6 o’clock  in  the  morning,  Sundays  ex- 
cepted, at  least  one  car  every  hour  of  each  and  every  day. 

1 2.  Penalty  for  failure  to  comply.]  § 2.  That  upon  failure 
to  comply  with  the  provisions  of  the  foregoing  section,  the  said  com- 
panies shall  be  subject  to  a fine  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  and  every  violation  thereof. 

1”  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force  and 
operation  from  and  after  its  passage. 

§ 455.  Chicago  City  Railway  company. 

1.  Cable  grant. 

2.  Underground — width  of  aperture. 

3.  Number  of  cars — conductors. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  operate  its  cars 

by  other  than  animal  power.  (Passed  January  17,  1881.) 

1"  1.  Cable  grant.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  the  said  Chicago  City  Railway  Company 

may  hereafter  operate  its  various  lines  of  railways  by  stationary  en- 
gine or  engines,  not  located  upon  the  streets  or  public  places  of  the 
city,  and  propelled  by  other  than  animal  power. 

If  2.  Underground— width  of  aperture.]  § 2.  Said  Chicago 
City  Railway  Company  may  for  said  purpose  make  all  needful  and 
convenient  trenches,  excavations  and  sewer  connections,  and 
may  place  all  needful  and  convenient  endless  cables  and  ma- 
chinery therein  on  any  streets  upon  which  its  railways  are 
now  constructed;  Provided,  that  such  cables  and  machinery  shall 
be  underground,  shall  not  interfere  with  public  travel,  and  shall  be 
constructed  in  a substantial  and  workmanlike  manner;  Provided  also, 
that  if  in  the  constructing  of  said  trenches  and  excavations  any  dam- 
age or  injury  shall  result  to  any  of  the  sewers,  water  pipes  or  private 
drains,  then  said  company  shall  pay  and  be  held  liable  therefor;  and 
if  at  any  time,  by  reason  of  the  permission  hereby  granted  and  the 
making  of  said  trenches  and  running  of  said  cables,  any  injury  or 
damage  shall  result  to  any  person  or  property,  then  said  company  shall 
be  held  liable  therefor;  And  provided,  further,  that  all  needful  and 
convenient  connections  with  the  motive  power  or  engines  shall  be  sub- 
ject to  the  same  restrictions;  And  provided,  further,  that  the  aperture 
opening  into  the  said  trenches  shall  not  exceed  five-eighths  of  an  inch 
in  width. 

1 3.  Number  of  cars— conductors.]  § 3..  As  respects  conduc- 
tors and  managers  of  its  cars,  said  Chicago  City  Railway  Company 


1086 


STREET  RAILWAYS. 


[§  456 


may  operate  not  exceeding  two  cars  and  the  grappling  car,  with  two 
persons  in  charge  thereof;  Provided,  however,  that  nothing  herein 
shall  in  any  manner  be  construed  into  a waiver  or  relinquishment  by 
the  city  of  Chicago,  or  by  the  Chicago  City  Railway  Company,  of  any 
rights  or  authority  either  may  have  under  or  in  pursuance  of  any  law 
or  ordinance  heretofore  passed  in  reference  to  said  Chicago  City  Rail- 
way Company,  or  in  pursuance  of  any  charter  rights  of  said  city,  except 
as  in  terms  stated  in  this  ordinance. 

§ 456.  Chicago  City  Railway  company. 

Tf  1.  Grant — Wabash  avenue. 

^f  2.  Authority  to  use  tracks  Chicago  West  Division  Railway  com- 
pany. 

If  3.  Cable  power — consent  of-  Chicago  West  Division  Railway  com- 
pany. 

If  4.  When  in  force ; acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 

down,  maintain  and  operate  certain  railway  tracks.  (Passed  July  11,  1881. 

Accepted  July  23,  1881.) 

If  1.  Grant — Wabash  avenue.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  accept- 
ance hereof  and  the  undertaking  of  the  Chicago  City  Railway  Com- 
pany to  comply  with  the  provisions  hereof,  permission  and  authority 
and  consent  are  hereby  granted  and  given  to  and  duly  vested  in  said 
company  to  lay  down,  operate  and  maintain  a single  track  railway 
on  Wabash  avenue,  in  the  city  of  Chicago,  from  the  south  line  of  Madi- 
son street  northward  to  Lake  street,  and  connecting  with  the  track 
of  the  Chicago  West  Division  Railway  Company,  on  Randolph  street 
and  on  Lake  street,  and  to  operate  thereon  railway  cars  and  carriages, 
in  connection  with  its  railways  upon  Wabash  avenue,  with  each  and 
all  of  the  rights,  duties  and  obligations  under  which  said  company 
now  maintains  and  operates  its  street  railway  from  said  Madison  street 
southwardly  to  Twenty-second  (22nd)  street  on  said  Wabash  avenue, 
except  so  far  as  is  otherwise  herein  provided  for. 

1 2.  Authority  to  use  tracks  C.  W.  D.  Ry.  Co.]  § 2.  That 
permission  and  authority  be  and  they  are  hereby  granted  to  said  the 
Chicago  City  Railway  Company  to  use  for  the  passage  of  its  cars  the 
tracks  of  the  Chicago  West  Division  Railway  Company  upon  said 
Lake  street,  in  said  city  of  Chicago,  during  and  while  the  said  Chi- 
cago West  Division  Railway  Company  has  the  right  to  maintain  its 
railway  on  said  Lake  street. 

If  3.  Cable  power— consent  of  Chicago  West  Division  Railway 
Company.]  § 3.  That  said  Chicago  City  Railway  Company  be  and 
it  is  hereby  authorized  and  empowered  to  construct  its  said  railway 
and  operate  its  cars  upon  the  portions  of  Wabash  avenue  and  Lake 
street  named  in  sections  1 and  2,  by  other  than  animal  power,  in  the 
manner  prescribed  in  the  ordinance  of  January  seventeenth  (17th), 


§ 457] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1087 


eighteen  hundred  and  eighty-one,  entitled  an  “Ordinance  authorizing 
the  Chicago  City  Railway  Company  to  operate  its  cars  by  other  than 
animal  power,”  and  subject  to  all  the  terms  and  conditions  therein 
contained: 

Provided,  however,  that  the  said  the  Chicago  City  Railway  Com- 
pany shall  not  have  any  right  to  use  the  said  track  of  said  the  Chicago 
West  Division  Railway  Company  upon  the  said  Lake  street  without 
first  procuring  the  consent  to  such  use  of  the  last  named  company. 
The  said  company  shall  keep,  maintain,  use  and  enjoy  the  right  to 
operate  railway  cars  and  carriages  upon  Wabash  avenue,  from  Madi- 
son street  to  Lake  street,  under  the  terms  and  restrictions  herein  pro- 
vided, for  and  during  the  term  of  twenty  years-  from  and  after  the 
passage  of  this  ordinance,  and  until  said  city  council  elect  by  order 
for  that  purpose,  to  grant  the  privilege  to  some  person  or  persons, 
corporation  or  company  to  purchase  said  tracks  and  substructure  of 
said  railway  company,  and  the  cars,  carriages,  furniture,  apparatus, 
and  implements  of  every  kind  and  description  then  used  by  said  com- 
pany in  the  operation  of  said  railway,  and  to  pay  for  the  same  in  the 
manner  hereinafter  mentioned.  Such  order  to  purchase  shall  fix  the 
time  when  such  person  or  persons,  corporation  or  company  will  take 
such  railway  and  other  property  hereinbefore  mentioned,  which  shall 
not  fie  less  than  six  months  after  the  passage  of  said  order,  and  at  the 
time  of  taking  such  railway  and  other  property  herein  mentioned, 
the  said  person  or  persons,  company  or  corporation  shall  pay  to  said 
railway  company,  its  successors  or  assigns,  operating  said  road,  the 
sum  of  money  to  be  ascertained  by  three  commissioners,  to  be  ap- 
pointed for  that  purpose  in  the  manner  following:  One  to  be  chosen 

by  said  person  or  persons,  company  or  corporation,  from  the  disin- 
terested freeholders  of  Cook  county;  one  in  like  manner  by  said  rail- 
way company,  its  successors  or  assigns  operating  said  road,  and  a third 
in  like  manner,  to  be  chosen  by  said  two. 

1 4.  When  in  force— acceptance.]  § 4.  This  ordinance  shall 
be  in  force  on  and  after  its  passage,  and  its  acceptance  by  said  rail- 
way company. 

§ 457.  Chicago  City  Railway  company. 

If  1.  Grant— State  street.  '!Tlv  ”! 

'll  2.  Passenger  service — tracks — indemnity. 

T[  3-  Paving  and  repair  of  streets. "*.4  '•  !’  " 4 - 

i’  4.  Rate  of  fare, 
i’  5-  Animal  power — running  time, 
i 6.  Reservation  of  rights.  ““ 

If  7*  Rights  forfeited,  when, 
if  8.  Term  of  grant, 
if  9.  Cable  power.  ' 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  operate  a single 
track  railway  on  State  street.  (Passed  October  28,  1881.  Accepted  Novem- 
ber 18,  1881.)  . — 


1088 


STREET  RAILWAYS. 


t§  457 


1 1.  Grant — State  street.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Hyde  Park:  § i.  That  permission 
and  authority  is  hereby  granted  to  the  Chicago  City  Railway  Company, 
its  successors  and  assigns,  to  construct,  maintain  and  operate  a single 
track  street  railway,  which,  with  the  single  track  to  be  constructed  by 
said  company  in  the  town  of  Lake,  shall  form  a double  track,  with  all 
necessary  and  convenient  side-tracks,  switches  and  turn-tables,  on 
State  street,  from  Thirty-ninth  street  to  Fifty-fifth  street,  connecting 
with  the  tracks  now  on  said  State  street,  the  tracks  to  be  placed  on 
the  center  sixteen  feet  of  said  State  street. 

IF  2.  Passenger  service — tracks — indemnity.]  § 2.  The  cars  to 
be  used  upon  said  track  shall  be  used  only  to  transport  passengers 
and  their  ordinary  baggage,  and  the  cars  and  carriages  used  for  that 
purpose  shall  be  of  the  best  style  and  class  in  use  on  street  railways. 
The  tracks  of  said  railway  shall  not  be  elevated  above  the  surface  of  the 
street,  and  shall  be  laid  with  modern  improved  rails,  and  shall  be  so 
laid  that  carriages  and  other  vehicles  can  readily  and  freely  cross  said 
tracks  at  any  point,  in  any  and  all  directions  without  obstruction;  and 
the  damage,  if  any,  done  to  private  property  by  the  construction  and 
use  of  said  tracks,  shall  be  paid  by  the  Chicago  City  Railway  Com- 
pany. 

1 3.  Paving  and  repair  of  streets,]  § 3.  The  Chicago  City 
Railway  Company,  its  successors  and  assigns,  shall  keep  sixteen  feet 
in  width,  being  the  sixteen  feet  occupied  by  said  tracks,  of  said  streets 
and  parts  of  streets  so  occupied  by  its  said  tracks,  in  good  order  and 
condition  during  the  whole  term  that  said  street,  or  part  of  street, 
shall  be  occupied  by  said  tracks. 

4.  Rate  of  fare.]  § 4.  The  rate  of  fare  for  any  distance  on 
said  tracks  shall  not  exceed  five  cents,  except  when  cars  or  carriages 
shall  be  chartered  for  a specific  purpose. 

f 5.  Animal  power— running  time.]  § 5.  The  cars  to  be  used 
upon  said  tracks  shall  be  operated  with  animal  power  only,  except  as 
is  hereafter  provided;  and  said  tracks  shall  not  connect  with  any  other 
railroad  on  which  other  power  is  used,  and  no  car  or  carriage  used 
upon  any  other  railroad  in  this  state  shall  be  used  or  passed  upon  said 
tracks.  The  said  railway  company  shall  commence  operating  said  road 
as  soon  as  completed,  and  after  the  passage  of  this  ordinance,  at  least 
three  trips  each  way  shall  be  made  each  day  over  said  track,  during  the 
term  for  which  these  rights  and  privileges  are  granted. 

T 6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde  Park, 
for  itself  and  its  citizens,  reserves  the  right  to  put  in  sewerage,  gas, 
water  or  any  other  improvements  which  may  be  required  at  any  place 
in  said  street,  using  reasonable  care  and  diligence,  without  any  liabil- 
ity for  damages  to  said  Chicago  City  Railway  Company,  its  succes- 
sors and  assigns,  for  so  doing;  and  said  company  shall  not  be  liable 


458] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1089 


in  any  damages  for  any  neglect  to  operate  said  railway  when  prevented 
from  so  doing  by  the  works  herein  set  forth. 

1 7.  Rights  forfeited,  when.]  § 7.  The  said  railway  com- 
pany, its  successors  and  assigns,  shall  forfeit  the  rights  herein  con- 
ferred, should  said  road  not  be  completed  within  one  year  after  the 
passage  and  approval  of  this  ordinance.  This  ordinance  shall  take 
effect  only  after  service  of  notice  of  acceptance  of  this  charter  by  the 
Chicago  City  Railway  Company,  upon  the  village  clerk,  within  thirty 
days  after  the  passage  of  this  ordinance. 

If  8.  Term  of  grant.]  § 8.  The  rights  and  privileges  hereby 
granted  shall  continue  for  the  time  and  space  of  twenty  years  from  the 
passage  and  approval  of  this  ordinance,  and  shall  be  subject  to  all  the 
ordinances  of  the  village  of  Hyde  Park  now  in  force  in  relation  to 
horse  railroads,  and  to  all  police  regulations  now  existing,  or  which 
may  hereafter  be  passed  by  said  village. 

If  9.  Cable  power.]  § 9.  That  the  said  Chicago  City  Railway 
Company  may  hereafter  operate  its  various  lines  of  railway  by  station- 
ary engine  or  engines  not  located  upon  the  streets  or  public  places 
of  the  village,  and  propelled  by  other  than  animal  power.  Said  Chi- 
cago City  Railway  Company  may,  for  said  purpose,  make  all  needful 
and  convenient  trenches,  excavations  and  sewer  connections,  and  may 
place  all  needful  and  convenient  endless  cables  and  machinery  therein 
on  any  street  upon  which  its  railways  are  or  may  be  constructed; 
Provided,  that  said  cables  and  machinery  shall  be  underground,  shall 
not  interfere  with  public  travel  and  shall  be  constructed  in  a substan- 
tial and  workmanlike  manner;  Provided,  also,  that  if  in  the  construct- 
ing of  said  trenches  and  excavations  any  damage  or  injury  shall  result 
to  any  of  the  sewers,  water  pipes  or  private  drains,  then  said  com- 
pany shall  pay  and  be  held  liable  therefor;  and  if  at  any  time,  by 
reason  of  the  permission  hereby  granted  and  the  making  of  said 
trenches  and  running  of  said  cables,  any  injury  or  damage  shall  result 
to  any  person  or  property,  then  said  company  shall  be  held  liable 
therefor. 

§ 458.  Chicago  City  Railway  company. 

1.  Grant — State  street.  “ 

‘ ^ 2.  Passenger  service — tracks — indemnity. 

*f[  3.  Paving  and  repair  of  streets. 

][  4.  Rate  of  fare. 

5.  Animal  power. 

^ 6.  Reservation  of  rights. 

If  7.  Time  of  completion. 

Ti  8.  Term  of  grant. 

T[  9.  Cable  power. 

An  ordinance  granting  rights  to  the  Chicago  City  Railway  company  to  lay  down, 
operate  and  maintain  certain  railway  tracks.  (Passed  July  27,  1882.  Ac- 
cepted August  10,  1882.) 

1 1.  Grant— State  street.]  Be  it  ordained  by  the  president  and 


1090 


STREET  RAILWAYS. 


[§  45  8 


board  of  trustees  of  the  village  of  Hyde  Park:  § i.  That  permission 

and  authority  is  hereby  granted  to  the  Chicago  City  Railway  Com- 
pany, its  successors  and  assigns,  to  construct,  maintain  and  operate  a 
single  track  street  railway,  which,  with  the  single  track  to  be  con- 
structed by  said  company,  in  the  town  of  Lake,  shall  form  a double 
track  with  all  necessary  and  convenient  side-tracks,  switches  and  turn- 
tables, on  State  street,  from  Fifty-fifth  to  Sixty-third  street,  on  said 
State  street;  the  said  tracks  to  be  placed  on  the  center  sixteen  feet  of 
said  State  street. 

B i TF  2.  Passenger  service — tracks — indemnity.]  § 2.  The  cars  to 
be  used  upon  said  track  shall  be  used  only  to  transport  passengers  and 
their  ordinary  baggage,  and  the  cars  and  carriages  used  for  that  pur- 
pose shall  be  of  the  best  style  and  class  in  use  upon  street  railways. 
The  tracks  of  said  railways  shall  not  be  elevated  above  the  surface 
of  the  street,  and  shall  be  laid  with  modern  improved  rails,  and  shall 
be  so  laid  that  carriages  and  other  vehicles  can  readily  and  freely  cross 
said  tracks  at  any  point,  in  any  and  all  directions,  without  obstruction, 
and  the  damage,  if  any,  done  to  private  property  by  the  construction 
and  use  of  said  tracks,  shall  be  paid  by  the  Chicago  City  Railway 
Company. 

1 3.  Paving  and  repair  of  streets.]  § 3.  The  Chicago  City 
Railway  Company,  its  successors  and  assigns,  shall  keep  sixteen  feet 
in  width  of  said  street,  being  the  sixteen  feet  occupied  by  its  said  tracks 
in  good  order  and  condition,  during  the  whole  term  that  said  street 
or  part  of  street  shall  be  occupied  by  said  tracks. 

^f  4.  Rate  of  fare  .]  § 4.  The  rate  of  fare  for  any  distance  on 

said  tracks  shall  not  exceed  five  cents,  except  when  cars  or  carriages 
shall  be  chartered  for  a specific  purpose. 

If  5.  Animal  power.]  § 5.  The  cars  to  be  used  upon  said  tracks 
shall  be  operated  with  animal  power  only,  except  as  is  hereafter  pro- 
vided, and  said  tracks  shall  not  connect  with  any  other  railroad  on 
which  other  power  is  used,  and  no  car  or  carriage  used  upon  any  other 
railroad  in  this  state  shall  be  used  or  passed  upon  said  tracks.  The 
said  railway  company  shall  commence  operating  said  road  as  soon 
as  completed,  and  after  the  passage  of  this  ordinance,  at  least  three 
trips  each  way  shall  be  made  each  day  over  said  track,  during  the  term 
for  which  these  rights  and  privileges  are  granted. 

If  6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde  Park, 
for  itself  and  its  citizens,  reserves  the  right  to  put  in  sewerage,  gas, 
water  or  any  other  improvement  which  may  be  required  at  any  place 
in  said  street,  using  reasonable  care  and  diligence,  without  anf  lia- 
bility for  damages  to  said  Chicago  City  Railway  Company,  its  succes- 
sors and  assigns,  for  so  doing,  and  said  company  shall  not  be  liable 
in  any  damages  for  any  neglect  to  operate  said  railways  when  pre- 
vented from  so  doing  by  the  work  herein  set  forth. 


coo 


459]  CHICAGO  & CALUMET  HORSE  AND  D\JMMY  RAILROAD  CO.  1091 

7.  Time  of  completion.]  § 7.  The  said  railway  company,  its 
successors  and  assigns,  shall  forfeit  the  rights  herein  conferred,  should 
said  road  not  be  completed  within  one  year  after  the  passage  and  ap- 
proval of  this  ordinance.  This  ordinance  shall  take  effect  only  after 
service  of  notice  of  acceptance  of  this  charter  by  the  Chicago  City 
Railway  Company,  upon  the  village  clerk,  within  thirty  days  after  the 
passage  of  this  ordinance. 

If  8.  Term  of  grant.]  § 8.  The  rights  and  privileges  hereby 
granted  shall  continue  for  the  time  and  space  of  twenty  years,  from 
the  passage  and  approval  of  this  ordinance,  and  shall  be  subject  to  all 
the  ordinances  of  the  village  of  Hyde  Park  now  in  force  in  relation 
to  horse  railroads,  and  to  all  police  regulations  now  existing,  or  which 
may  hereafter  be  passed  by  said  village. 

^f  9.  Cable  power.]  § 9.  That  the  said  Chicago  City  Railway 
Company  may  hereafter  operate  its  various  lines  of  railway  by  sta- 
tionary engine  or  engines,  not  located  upon  the  streets  or  public  places 
of  the  village,  and  propelled  by  other  than  animal  power.  Said  Chi- 
cago City  Railway  Company  may,  for  said  purpose,  make  all  needful 
and  convenient  trenches,  excavations  and  sewer  connections,  and  may 
place  all  needful  and  convenient  endless  cables  and  machinery  therein, 
on  any  street  upon  which  its  railways  are  or  may  be  constructed; 
Provided,  that  said  cables  and  machinery  shall  be  underground,  shall 
not  interfere  with  public  travel,  and  shall  be  constructed  in  a sub- 
stantial and  workmanlike  manner;  Provided,  also,  that,  if  in  the 
construction  of  said  trenches  and  excavations,  any  damage  or  injury 
shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains,  then 
said  company  shall  pay  and  be  held  liable  therefor,  and  if  at  any 
time,  by  reason  of  the  permission  hereby  granted,  and  the  making 
of  said  trenches  and  running  of  said  cables,  any  injury  or  damage 
shall  result  to  any  person  or  property,  then  said  company  shall  be  liable 
therefor. 


CHICAGO  & CALUMET  HORSE  AND  DUMMY  RAILROAD 

COMPANY. 

§ 459.  Chicago  & Calumet  Horse  and  Dummy  Railroad  Com- 
pany. 

1.  Grant — Cottage  Grove  avenue. 

TI  2.  Construction  of  tracks. 

Tf  3.  Power — conditions  of  grant. 

An  ordinance  granting  permission  to  the  Chicago  & Calumet  Horse  and  Dummy 
Railroad  company  to  lay  down  and  operate  a street  railway.  (Passed  April 
5,  1884.) 


1092 


STREET  RAILWAYS. 


If  1.  Grant — Cottage  Grove  avenue.]  Be  it  ordained  by  the 
president  and  board  of  trustees  of  the  village  of  Hyde  Park:  § i. 

Subject  to  the  terms  and  conditions  of  this  ordinance  there  is  hereby 
granted  to  the  Chicago  and  Calumet  Horse  and  Dummy  Railroad 
Company  the  right  to  lay  down,  operate  and  maintain  a single  track 
of  railway  from  a point  in  the  line  of  Cottage  Grove  avenue,  distance 
sixty  feet  and  six  inches  east  of  the  southwest  corner  of  the  lot  on 
the  northwest  corner  of  said  Cottage  Grove  avenue  and  Oakwood 
boulevard,  south  across  said  Oakwood  boulevard  to  a point  twenty- 
seven  feet  and  six  inches  east  of  the  northeast  corner  of  the  lot,  on  the 
southwest  corner  of  said  Cottage  Grove  avenue  and  Oakwood  boule- 
vard, and  north  of  38th  street. 

1 2.  Construction  of  tracks.]  § 2.  The  tracks  of  said  railroad 
shall  be  laid  level  with  the  surface  from  the  said  points  of  beginning 
and  ending  aforesaid,  and  shall  be  so  laid  that  carriages  or* vehicles 
can  easily  and  freely  cross  said  tracks  at  any  and  all  points,  and  in 
any  and  all  directions. 

If  3.  Power — conditions  of  grant.]  § 3.  The  rights  and  privi- 
leges hereby  granted  are  upon  the  express  condition  that  the  cars  to 
be  used  on  said  tracks  shall  be  operated  with  animal  power  only,  and 
upon  the  further  express  condition  that  permission  and  consent  be 
first  obtained  by  said  company  from  the  South  Park  Commission  to 
lay  down  and  maintain  said  track  across  said  Oakwood  boulevard, 
and  upon  the  further  express  condition  that  the  said  company  shall 
remove  the  switch  in  use  by  it  in  the  line  of  said  Cottage  Grove  avenue, 
south  of  Oakwood  boulevard,  so  that  the  north  line,  or  extension 
thereof,  shall  not  extend  to  a point  further  north  than  one  hundred 
and  eighty  feet  south  of  said  point,  twenty-seven  feet  and  six  inches 
east  of  the  northeast  corner  of  the  lot  on  the  southwest  corner  of 
said  Cottage  Grove  avenue  and  Oakwood  boulevard  aforesaid,  and 
upon  the  further  express  condition  that  said  company  shall  pave 
the  space  "between  its  said  track  north  of  said  point  in  the  line  of 
Cottage  Grove  avenue,  distance  sixty  feet  and  six  inches  east  of  the 
southwest  corner  of  the  lot  on  the  northwest  corner  of  said  Cottage 
Grove  avenue  and  Oakwood  boulevard,  as  aforesaid,  to  39th  street; 
together  with  a strip  of  said  Cottage  Grove  avenue  lying  immediately 
east  of  and  adjoining  the  said  track  thereon,  four  feet  wide  for  said 
distance  aforesaid,  and  shall  perpetually  maintain  the  same.  Said 
pavement  to  be  made  with  granite  blocks,  and  under  the  supervision 
of  the  superintendent  of  public  works  of  said  village,  and  upon  the 
further  express  condition  that  animal  power  only  shall  be  used  in 
operating  the  railroad  of  said  company  for  the  distance  of  one  hun- 
dred and  eighty  feet  south  of  said  point,  twenty-seven  feet  and  six 
inches  east  of  the  northeast  corner  of  the  lot  on  the  southwest  corner 
of  said  Cottage  Grove  avenue  and  Oakwood  boulevard  aforesaid, 
and  the  failure  to  comply  with  any  one  of  the  conditions  aforesaid 
shall  work  a forfeiture  of  the  rights  and  privileges  hereby  granted. 


§ 46o] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1093 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 460.  Chicago  City  Railway  company. 

Tl  1.  Grant — streets  designated. 

^[2.  Time  of  completion. 

3.  Animal  power — cable  system. 

4.  Paving  of  streets. 

5.  Rate  of  fare. 

Tj  6.  License. 

7.  Term  of  grant. 

8.  Subject  to  ordinances. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  lay  down, 

operate  and  maintain  a street  railway  on  certain  streets.  (Passed  May  26, 

1884.  Accepted  June  4,  1884.) 

T 1.  Grant — streets  designated.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof,  and  the  undertaking  by  the  Chicago  City  Railway 
Company  to  comply  with  the  provisions  of  this  ordinance,  authority 
and  consent  is  hereby  given  and  granted  unto  the  said  the  Chicago 
City  Railway  Company,  its  successors  and  assigns,  to  construct,  lay- 
down, operate  and  maintain  a double  track  street  railway,  with  the 
necessary  side-tracks  and  switches,  in  the  manner  and  upon  and  along 
the  several  streets  hereinafter  mentioned: 

Commencing  on  Archer  avenue  at  the  present  terminus  of  the 
tracks  of  said  company,  and  running  southwesterly  along  Archer  ave- 
nue to  Western  avenue. 

Commencing  on  Pitney  avenue,  from  the  center  of  Archer  avenue 
southeasterly  to  Thirty-first  street,  thence  along  Thirty-first  street  to 
Lake  Park  avenue. 

Commencing  on  Hanover  street  at  the  center  of  Archer  avenue 
and  running  south  to  Twenty-ninth  street,  thence  west  on  Twenty- 
ninth  street  to  Butler  street,  thence  south  on  Butler  street  to  the  cen- 
ter of  Thirty-ninth  street. 

Commencing  on  Ashland  avenue  at  the  center  of  Archer  avenue, 
and  running  south  to  the  center  of  Thirty-ninth  street. 

Commencing  on  Thirty-fifth  street  at  the  center  of  Cottage  Grove 
avenue,  and  running  to  the  west  side  of  Stanton  avenue,  and  south  on 
Stanton  avenue  from  the  center  of  Thirty-fifth  street  to  the  center  of 
Thirty-ninth  street. 

T 2.  Time  of  completion.]  § 2.  The  various  tracks  herein 
named  shall  be  built  within  ninety  (90)  days  after  the  passage  of  this 
ordinance,  except  that  the  line  on  Butler  street,  south  of  Thirty-first 
street,  shall  be  built  at  the  same  time  that  said  portion  of  Butler  street 
is  paved. 

Provided,  that  should  the  construction  of  any  one  or  more  of  said 
lines  be  delayed  by  injunction  of  any  court,  the  time  so  lost  shall  be 
added  to  the  time  herein  specified  within  which  the  same  shall  be  con- 
structed. 


1094 


STREET  RAILWAYS. 


[§  46l 


If  3.  Animal  power — cable  system.]  § 3.  The  cars  of  said 
railway  shall  be  operated  only  by  animal  power,  except  that  it  shall 
be  lawful  for  said  Chicago  City  Railway  Company  at  any  time  within 
the  term  of  this  ordinance  to  adopt  its  so-called  “cable  system,’’  on 
the  lines  herein  named,  the  same  to  be  constructed  and  operated  as 
provided  by  and  subject  to  the  conditions  of  the  ordinance  of  January 
17,  A.  D.  1881,  in  the  ordinance  authorizing  the  Chicago  City  Rail- 
way Company  to  operate  its  cars  by  other  than  animal  power. 

If  4.  Paving  of  streets.]  § 4.  As  regards  filling,  grading  and 
paving  of  the  streets  or  parts  of  streets  to  be  occupied  by  its  tracks,  as 
herein  provided,  the  said  company  shall  fill,  grade  and  pave,  and  keep 
in  repair,  sixteen  (16)  feet  in  the  center  of  said  street  so  occupied,  in 
manner  provided  by  section  2 of  the  ordinance  of  July  30th,  1883,  re- 
lating to  street  railways. 

If  5.  Rate  of  fare.]  § 5.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  any  distance  between  Madison  street  and  the  termi- 
nus of  each  of  said  lines,  and  passengers  on  the  Thirty-first  street  line 
shall  be  transferred,  either  way,  to  or  from  any  of  the  north  and  south 
lines  of  said  company  which  it  crosses,  without  additional  fare. 

If  6.  License.]  § 6.  As  regards  the  license  to  be  paid  on  the 
cars  to  be  operated  on  the  lines  herein  provided,  the  said  company 
shall  conform  to  section  one  of  an  ordinance  passed  July  30th,  1883, 
relating  to  street  railways. 

If  7.  Term  of  grant.]  § 7.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  30th  day  of  July,  1883, 
provided  the  same  shall  be  accepted  by  said  company  within  thirty 
(30)  days  after  its  passage. 

If  8.  Subject  to  ordinances.]  § 8.  The  privileges  hereby 
granted  are  subject  to  all  general  ordinances  of  the  city  of  Chicago, 
now  in  force  or  hereafter  to  be  passed  in  reference  to  horse  railways, 
and  to  all  ordinances  affecting  the  lines  of  railways  of  which  the  lines 
hereby  authorized  are  extensions. 

Note. — See  following  amendatory  ordinance. 

§ 461.  Chicago  City  Railway  company. 

^ 1.  Amending  foregoing  ordinance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Wallace  street.  (Passed  June  13,  1887  ) 

Tf  1.  Amending  foregoing  ordinance.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  ordinance  passed  the 

26th  day  of  May,  1884,  “authorizing  the  extension  of  street  railways 
in  the  south  division  of  the  city  of  Chicago,”  be  and  the  same  is  here- 
by amended  by  substituting  Wallace  street  for  Butler  street,  between 
Thirty-first  street  and  Thirty-ninth  street. 


§4«2] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1095 


§ 462.  Chicago  City  Railway  company. 

^ 1.  Grant — streets  designated. 

2.  Tracks,  how  constructed. 

3.  Condition  of  tracks. 

4.  Gauge — indemnity  clause. 

^ 5.  Passenger  traffic — animal  or  cable  power. 

6.  Running  time. 

7.  Compensation  to  city. 

8.  Time  of  completion. 

f 9.  Rate  of  fare — transfers. 

10.  Conductors. 

T|  11.  When  in  force. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 
street  railway  on  Thirty-ninth  street,  Wentworth  avenue  and  Sixty-third 
street.  (Passed  September  10,  1884.  Accepted  October  8,  1884.)’ 

1 1.  Grant  — streets  designated.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake:  § 1.  That  permission  be  and  here- 

by is  granted  to  the  Chicago  City  Railway  Company  of  Chicago,  to 
lay  down,  maintain  and  operate  a single  track  street  railway,  with  all 
necessary  and  convenient  side  tracks  and  switches,  on  39th  street, 
from  State  street  to  Wentworth  avenue,  from  39th  to  63d- street;  and 
a double  track  street  railway,  with  all  necessary  side  tracks,  turnouts 
and  switches,  on  Wentworth  avenue,  provided  said  tracks  shall  be 
laid  under  and  subject  to  the  direction  of  the  engineer  of  said  town, 
and  provided  said  company  shall  improve  and  keep  in  repair  eight  (8) 
feet  in  width  where  single  track  is  used,  and  sixteen  (16)  feet  in  width 
where  double  track  is  used,  by  its  lines  within  the  town  of  Lake,  to 
the  satisfaction  of  the  trustees  of  said  town,  said  company  being  here- 
by  granted  the  privilege  of  using  stone  in  making  said  improvements. 

If  2.  Tracks,  how  constructed.]  § 2.  The  tracks  shall  be  so 
constructed  that  the  center  line  between  the  two  tracks  shall  be  the 
center  line  of  the  street  upon  which  the  same  are  laid,  and  that  the 
rails  used  in  the  construction  of  any  of  said  track  or  tracks  shall  be  a 
tram  rail.  The  width  of  said  rail  from  outside  to  outside  shall  be  five 
(5)  inches;  the  width  of  the  tram  shall  be  three  (3)  inches  horizontal; 
the  height  along  the  wagon  edge  from  the  tram  to  the  top  of  the 
rail  shall  not  be  more  than  seven-eighths  of  an  inch. 

If  3.  Condition  of  tracks.]  § 3.  The  said  Chicago  City  Rail- 
way Company  shall  at  all  times  keep  the  tracks  of  their  respective 
roads  in  such  condition  that  said  tracks  shall  not  at  any  time  be  ele- 
vated above  the  surface  of  the  street  on  which  they  are  laid,  so  that 
vehicles  can  easily  and  freely  at  all  times  cross  said  tracks  at  all  points 
and  in  any  direction  without  obstruction. 

1 4.  Gauge— indemnity  clause.]  • § 4.  That  the  gauge  of  said 
railway  tracks  shall  be  four  feet  eight  and  a half  inches,  and  that  said 
company  shall  be  liable  for  all  the  legal  or  consequential  damages  sus- 
tained by  any  person  by  reason  of  the  carelessness  or  misconduct  of 
any  of  the  agents  or  servants  of  said  company  in  the  course  of  their 


1096  STREET  RAILWAYS.  [§  462 

employment  in  the  construction  or  use  of  the  said  railways  aforesaid, 
or  either  of  them. 

f 5.  Passenger 1 traffic— animal  or  cable  power.]  § 5.  The 

tracks  and  railways  shall  be  used  for  no  other  purpose  than  to 
transport  passengers  and  their  ordinary  baggage,  and  the  cars  or  car- 
riages used  shall  be  of  the  most  improved  style  and  class  in  use  on  such 
railways;  and  the  cars  used  upon  said  tracks  shall  be  operated  by  ani- 
mal or  cable  power  only,  and  no  car  or  cars  operated  by  any  other 
power  but  animal  or  cable  shall  be  permitted  to  run  over  any  of  said 
tracks. 

The  said  Chicago  City  Railway  Company  may  at  any  time  operate 
its  various  lines  of  railway  in  said  town  of  Lake,  by  endless  cables  op- 
erated by  stationary  engine  or  engines  not  located  upon  the  streets  or 
public  places  of  the  town,  and  propelled  by  other  than  animal  power, 
and  for  said  purpose  may  make  all  needful  and  convenient  trenches, 
excavations  and  sewer  connections,  and  may  place  all  needful  and  con- 
venient endless  cables  and  machinery  therein,  provided  said  cables 
and  machinery  shall  be  under  ground,  and  not  interfere  with  public 
travel,  and  shall  be  constructed  in  substantial  and  workmanlike  man- 
ner. 

1 6.  Running  time.]  § 6.  That  the  said  company  shall  cause 
cars  or  carriages  to  be  run  for  the  accommodation  of  the  public  over 
all  of  said  tracks  in  the  town  of  Lake,  at  least  once  in  every  thirty  (30) 
minutes,  between  the  hours  of  6 o’clock  a.  m.  and  7 o’clock  p.  m.  of 
each  day,  and  at  least  once  in  every  sixty  (60)  minutes  between  the 
hours  of  7 o’clock  p.  m.  and  midnight,  and  oftener  if  the  travel  will 
warrant. 

If  7.  Compensation  to  city.]  § 7.  The  said  company  shall, 
within  thirty  days  after  its  tracks  are  laid  on  Wentworth  avenue,  be- 
tween 55th  and  63d  streets,  pay  into  the  treasury  of  the  town  of  Lake 
two  dollars  and  forty  cents  ($2.40)  per  lineal  foot  for  the  improvement 
which  has  recently  been  made  on  said  portion  of  said  avenue. 

Tf  8.  Time  of  completion.]  § 8.  That  said  company  shall 
construct  its  railway  on  39th  street,  and  on  Wentworth  avenue  to  63d 
street,  within  ninety  (90)  days  from  the  passage  of  this  ordinance,  un- 
less the  construction  of  said  tracks  shall  be  delayed  by  order  or  in- 
junction of  some  court  of  competent  jurisdiction,  in  which  case  the 
time  lost  by  said  delay  shall  be  added  to  the  time  herein  specified  with- 
in whjch  said  tracks  shall  be  constructed. 

If  9.  Rate  of  fare— transfers.]  § 9.  The  rate  of  fare  on  said 
lines  for  one  continuous  trip  shall  be  five  (5)  cents,  and  any  person 
having  paid  fare  to  said  company  on  State  street,  Wentworth  avenue, 
or  Halsted  street,  or  63d  street,  within  said  town,  shall  be  entitled  to 
transfer  within  said  town,  without  additional  fare,  to  the  corner  of 
Root  and  Halsted  street,  or  to  the  corner  of  State  and  39th  streets, 
and  vice  versa;  and  that  any  person  paying  fare  on  Wentworth  ave~ 


§ 4<n] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1097 


nue  shall  be  carried  on  63rd  street  to  Halsted  street;  and  any  person 
paying  fare  on  63rd  street,  between  Halsted  street  and  Wentworth 
avenue,  shall  be  carried  via  Wentworth  avenue  to  39th  and  State 
streets  without  any  additional  charge. 

1”  10.  Conductors.]  § 10.  That  no  car  or  carriages  shall  be  per- 
mitted to  run  on  any  of  the  said  railroad  tracks  without  a conductor, 
at  any  time,  excepting  grip  cars. 

1"  11.  When  in  force.]  §11.  This  ordinance  shall  be  in  force 
from  and  after  its  passage,  provided  said  company  shall,  within  thirty 
days  from  its  passage,  signify  their  willingness  to  construct  and  operate 
said  tracks  in  accordance  with  the  terms  set  forth  in  the  foregoing 
ordinance. 

§ 463.  Chicago  City  Railway  company. 

![  1.  Grant — Sixty-first  street. 

]f  2.  Space  limited. 

^ 3.  Animal  power — rails. 

4.  Paving  and  repair  of  streets. 

5.  Rate  of  fare. 

f 6.  Time  of  completion. 

\ 7.  Indemnity  clause — comply  with  ordinances. 

8.  Rights  forfeited,  when. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 

down,  maintain  and  operate  a street  railway  on  Sixty-first  street.  (Passed 

June  3,  1885.  Accepted  June  6,  1885.) 

1 1.  Grant — Sixty-first  street.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  per- 

mission and  authority  is  hereby  granted  to  the  Chicago  City  Railway 
Company,  its  successors  and  assigns,  to  lay  down,  maintain  and  op- 
erate for  and  during  a period  of  twenty  years  from  the  adoption  of 
this  ordinance,  a double  track  street  railway  on  Sixty-first  street,  from 
and  connecting  with  said  company’s  tracks  on  State  street  at  the 
intersection  of  Sixty-first  street,  thence  east  on  Sixty-first  street  to  a 
point  one  thousand  feet  east  of  the  east  line  of  South  Park  avenue. 

T 2.  Space  limited.]  § 2.  Said  tracks  shall  not  occupy  more 
than  sixteen  feet  in  width  of  said  street,  and  shall  be  laid  as  near  the 
center  of  said  street  as  practicable. 

§T  3.  Animal  power— rails.]  § 3.  The  cars  to  be  used  on  said 
tracks  shall  be  operated  only  by  animal  power,  or  by  underground 
cables  as  heretofore  provided  by  ordinance  of  this  village  for  other 
tracks  of  said  company,  adopted  on  the  27th  day  of  July,  A.  D.  1882. 
Said  tracks  shall  be  laid  with  tramway  rails,  and  the  cars  to  be  used 
thereon  shall  be  street  cars,  and  used  only  for  the  transportation  of 
passengers  and  their  ordinary  baggage. 

1 4.  Paving  and  repair  of  streets.]  § 4.  The  said  tracks 
shall  not  be  elevated  above  the  surface  of  the  street,  but  shall  be  so 
laid,  and  thereafter  constantly  maintained,  that  carriages  and  other 


1098 


STREET  RAILWAYS. 


[§  464 


vehicles  can  easily  cross  said  track  at  any  point  in  any  direction  with- 
out obstruction.  The  said  Chicago  City  Railway  Company  shall,  at 
its  own  cost  and  expense,  keep  the  portion  of  said  street  so  occupied 
by  its  tracks  in  good  order  and  condition,  and  shall  at  its  own  cost 
and  expense  improve  that  portion  of  said  Sixty-first  street,  so  oc- 
cupied with  its  tracks,  in  conformity  with  the  improvement  by  the  vil- 
lage of  the  portions  of  said  street,  along  the  line  of  said  railway  not 
occupied  by  said  tracks. 

IT  5.  Rate  of  fare.]  § 5.  The  rate  of  fare  to  be  charged  by  said 
railway  company  shall  not  exceed  five  (5)  cents,  between  the  eastern 
terminus  of  said  tracks  and  State  and  Thirty-ninth  streets,  or  State 
and  Sixty-third  streets. 

1~  6.  Time  of  completion.]  § 6.  The  said  tracks  herein  pro- 
vided for  shall  be  laid  and  ready  for  the  running  of  cars  thereon  with- 
in sixty  (60)  days  from  the  approval  of  this  ordinance  (unless  enjoined 
by  the  order  of  a court  of  competent  jurisdiction),  and  shall  thereafter 
be  maintained  and  operated  so  as  to  reasonably  accommodate  the  pub- 
lic in  the  matter  of  transportation  of  persons  along  said  line. 

T 7.  Indemnity  clause— comply  with  ordinances.]  § 7.  The 
privileges  hereby  granted  are  granted  upon  the  express  condition,  that 
said  company  has  obtained  from  the  owners  of  the  property  abutting 
upon  said  street  the  necessary  and  requisite  consent;  that  said  com- 
pany will  pay  all  damages  to  owners  of  property  abutting  upon  said 
Sixty-first  street;  that  said  company  will  save  and  keep  harmless  the 
said  village  of  Hyde  Park  from  all  costs,  expenses  and  damages  by 
reason  of  the  passage  of  this  ordinance,  and  the  construction,  opera- 
tion, and  maintenance  of  said  tracks;  that  said  company  will  comply 
with  the  provisions  of  all  general  ordinances  of  the  village,  respecting 
the  maintenance  and  operation  of  street  railway  lines,  and  will  in  writ- 
ing accept  of  the  provisions  of  this  ordinance  within  thirty  (30)  days 
after  its  approval. 

% 8.  Rights  forfeited,  when.]  § 8.  If  the  said  Chicago  City 
Railway  Company  after  the  acceptance  of  this  ordinance  shall,  for  a 
period  of  sixty  (60)  days  after  notice  to  its  officers  or  employes,  fail 
to  comply  with  any  of  the  provisions  of  this  ordinance,  then  and  in 
such  case  all  the  rights  herein  granted  shall  be  at  an  end,  and  the 
tracks  of  said  company  on  said  Sixty-first  street  shall  thereupon  be 
removed  by  said  company  at  its  own  cost  and  expense,  and  in  the 
absence  of  such  removal,  after  notice  given  so  to  do  as  aforesaid,  then 
the  said  village  shall  have  the  right  to  take  up  and  remove  said  tracks 
at  the  cost  and  expense  of  said  company.  ^ 

§ 464.  Chicago  City  Railway  company. 

1.  Conditions. 

An  ordinance  authorizing  the  supervisor  to  issue  permit  to  the  Chicago  City 

Railway  company  to  construct  and  operate  a street  railway  on  Forty-seventh 

street.  (Passed  April  9,  1886.)  ^ 


CHICAGO  CITY  RAILWAY  COMPANY. 


1099 


§ 465] 


1.  Conditions.]  Be  it  ordained  by  the  board  of  trustees  of 
the  town  of  Lake:  § 1.  That  the  supervisor  of  said  town  be  and 

he  is  hereby  authorized  and  requested  to  issue  a permit  to  the  Chicago 
City  Railway  Company  to  construct  and  operate  a double  track  street 
railway  on  Forty-seventh  street,  from  Halsted  street  to  Ashland  ave- 
nue, upon  the  same  conditions  and  with  the  same  privileges  and  re- 
strictions as  were  contained  in  the  permit  granted  said  company  on 
the  10th  day  of  September,  A.  D.  1884,  except  the  payment  of  two 
dollars  and  forty  cents  ($2.40)  per  lineal  foot  contained  in  section  7 of 
the  ordinance  passed  by  this  board  and  made  a part  of  said  permit. 


§ 465.  Chicago  City  Railway  company. 

If  1.  Grant. 

2.  Cable  power. 

3-  Space  occupied. 

4.  Passenger  service, 
if  5.  Pave  and  repair  streets, 
if  6.  Reservation  of  rights, 
if  7.  Time  of  completion, 
if  8.  Rate  of  fare— running  time, 
if  9.  Cease  operating  dummy,  when, 
if  10.  When  in  force — acceptance, 
if  11.  No  rights  waived. 

if  12.  Subject  to  ordinances — power  of  council, 
if  13.  Frontage  consent — indemnity. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 
down,  operate  and  maintain  a street  railway  on  Cottage  Grove  avenue  and 
Fifty-fifth  street.  (Passed  November  8,  1886.  Accepted  November  8,  1886.) 

T 1.  Grant.]  Be  it  ordained  by  the  president  and  board  of  trus- 
tees of  the  village  of  Hyde  Park:  § 1.  That  consent  be,  and  it  is 

hereby  given  to  the  Chicago  City  Railway  Company,  its  successors 
and  assigns,  to  lay  down,  operate  and  maintain  for  the  period  of  twen- 
ty (20)  years  from  the  passage  of  this  ordinance  a double  track  cable 
street  railway  in,  over  and  along  Cottage  Grove  avenue  in  the  village 
of  Hyde  Park,  from  the  north  line  of  said  village  to  the  south  line  of 
Sixty-seventh  street,  and  on  Fifty-fifth  street  from  the  center  of  said 
Cottage  Grove  avenue  to  the  center  of  Lake  avenue,  in  the  said  vil- 
lage. 

T 2.  Cable  power.]  § 2.  Said  railways  shall  be  cable  rail- 
ways, and  shall  be  operated  by  stationary  engine  or  engines  not  lo- 
cated upon  the  streets  or  public  places  of  the  village,  and  propelled  by 
other  than  animal  power.  Said  Chicago  City  Railway  Company  may 
for  said  purpose  make  all  needful  and  convenient  trenches,  excava- 
tions and  sewer  connections,  and  may  place  all  needful  and  conveni- 
ent endless  cables  and  machinery  therein,  upon  any  street  upon  which 
its  railways  shall  be  constructed  hereunder;  Provided,  that  said  cables 
and  machinery  shall  be  underground,  and  shall  not  interfere  with  pub- 
lic travel,  and  shall  be  constructed  in  a substantial  and  workmanlike 
manner;  Provided,  also,  that  if  in  the  construction  of  said  trenches 


1100 


STREET  RAILWAYS. 


'§  465 


and  excavations  any  damage  or  injury  shall  result  to  any  of  the  sewers, 
water  pipes  or  private  drains,  then  said  company  shall  pay  and  be 
held  liable  therefor. 

T 3.  Space  occupied.]  § 3.  Said  railway  tracks  provided  for 
in  this  ordinance,  shall  occupy  the  center  sixteen  (16)  feet  of  the  ave- 
nue and  street  above  named. 

1 4.  Passenger  service.  ] § 4,  The  cars  to  be  operated  upon 
said  tracks  shall  be  used  only  for  the  transfer  of  passengers  and  their 
ordinary  baggage,  and  the  cars  and  carriages'  used  for  that  purpose 
shall  be  of  I he  best  style  and  class  in  use  upon  street  railways.  The 
tracks  of  said  railway  shall  not  be  elevated  above  the  surface  of  the 
street,  and  shall  conform  to  the  grades  thereof  which  shall  have  been 
established  by  the  village  of  Hyde  Park  at  the  time  of  laying  said 
tracks,  and  shall  be  laid  with  Johnson  patent  or  other  improved  rails, 
and  shall  be  so  laid  that  carriages  and  other  vehicles  can  readily  and 
freely  cross  said  tracks  at  any  point,  in  any  and  all  directions  without 
unnecessary  obstruction. 

1 5.  Pave  and  repair  streets.]  § 5.  Said  Chicago  City  Rail- 
way Company,  its  successors  and  assigns,  shall  pave  with  granite 
blocks  and  keep  in  repair  the  sixteen  (16)  feet  in  width  of  said  street 
occupied  by  it,  during  the  whole  time  that  said  streets  and  avenues 
shall  be  occupied  by  said  tracks. 

1 6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde  Park, 
for  itself  and  citizens,  reserves  the  right  to  put  in  sewerage,  gas,  water 
and  other  improvements  which  it  may  deem  proper,  at  any  place  in 
said  streets  and  avenues,  using  reasonable  care  and  diligence,  without 
any  liability  for  damages  to  said  Chicago  City  Railway  Company,  its 
successors  and  assigns,  for  so  doing.  The  said  company  shall  not  be 
liable  to  any  forfeiture,  or  for  any  damages,  for  any  neglect  to  operate 
said  railways  when  prevented  from  so  doing  by  the  work  in  this  sec- 
tion provided  for. 

IT  7.  Time  of  completion.]  § 7.  The  said  railway  company, 
its  successors  and  assigns,  shall  complete  the  railways  hereby  author- 
ized, and  shall  operate  the  same  as  herein  contemplated,  within  eigh- 
teen (18)  months  after  the  passage  and  approval  .of  this  ordinance; 
Provided,  however,  that  if  said  company  shall  be  delayed  by  ordinance 
or  resolution  of  the  village  of  Hyde  Park,  or  by  any  suit,  injunction 
or  order  or  decree  of  any  court  of  competent  jurisdiction,  then  the 
period  of  any  and  all  such  delays  shall  be  added  to  said  eighteen 
months.  But  the  village  of  Hyde  Park  shall  have  the  right  to  inter- 
vene at  its  option  in  any  such  suit  or  proceeding  in  any  court,  and 
become  a party  thereto  and  move  for  the  dissolution  of  any  such  in- 
junction, or  the  vacation  of  any  such  order  or  decree. 

T 8.  Rate  of  fare  —running  time.]  § 8.  The  rate  of  fare  on 
said  railway  tracks  hereby  authorized  shall  not  (except  where  cars 


§ 465] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1101 


are  chartered  for  a specified  time  and  purpose)  exceed  five  (5)  cents  for 
one  trip  or  part  of  trip  either  way.  Said  company  shall  also  sell  family 
tickets  at  not  to  exceed  the  following  commutation  rates:  Twenty 

(20)  rides  for  $1,  good  between  Madison  street,  Chicago,  and  Sixty- 
seventh  street,  on  Cottage  Grove  avenue,  and  on  Fifty-fifth  street  from 
said  Madison  street  to  the  terminus,  with  transfer  to  Union  Stock 
Yards  at  Halsted  and  Root  streets,  which  shall  be  for  sale  at  places 
convenient  for  the  public.  Said  company  shall  operate  cars  between 
39th  street  and  Lake  avenue,  and  between  39th  street  and  67th  street, 
at  intervals  of  not  more  than  ten  minutes  from  6:30  to  8:30  a.  m.  and 
4:30  to  6:30  p.  m.,  and  at  other  hours  at  intervals  of  not  more  than 
thirty  minutes  from  6 o’clock  a.  m.  to  11  o’clock  p.  m.  Cars  shall  stop 
to  take  on  and  let  off  passengers  only  at  the  farther  crossing  of  street 
intersections. 

T 9.  Cease  operating  dummy,  when.]  § 9.  Said  Chicago 
City  Railway  Company  shall,  within  thirty  days  after  said  cable  sys- 
tem hereby  authorized  shall  be  in  regular  operation  on  Cottage  Grove 
avenue  from  39th  street  to  said  Fifty-fifth  street,  and  on  said  Fifty-fifth 
street,  remove  and  do  away  with  the  present  dummy  tracks  and  dum- 
mies, now  being  operated  by  the  Chicago  and  Calumet  Horse  and 
Dummy  Railway  Company,  and  shall  and  will  hold  the  village  of 
Hyde  Park  forever  harmless  from  said  Chicago  and  Calumet  Horse 
and  Dummy  Railway  Company,  and  from  all  claims  and  demands  by 
it  of  all  kinds  whatsoever. 

1 10.  When  in  force  acceptance.]  § 10.  This  ordinance 
shall  take  effect  and  be  in  force  when  and  as  soon  as  said  company 
shall  file  with  the  clerk  of  the  village  of  Hyde  Park  its  acceptance  in 
writing  of  this  ordinance,  and  if  said  company  shall  not  file  such  accept- 
ance with  said  clerk  within  sixty  (60)  days  after  the  passage  and  ap- 
proval of  this  ordinance,  then  this  ordinance  shall  become  and  be  void. 

1 11.  No  rights  waived.]  § 11.  This  ordinance  shall  not  in 
any  way  or  manner  impair  or  take  away,  or  be  held  to  impair  or  take 
away  any  rights  and  powers  which  said  Chicago  City  Railway  Com- 
pany may  now  have  or  be  entitled  to  on  said  streets  and  avenues,  and 
by  accepting  and  acting*  under  this  ordinance,  said  company  shall  not 
waive  or  lose,  or  be  taken  to  waive  or  lose,  any  right  or  power  which 
it  now  possesses  nor  shall  it  be  construed  as  in  any  way  a recognition 
by  said  village  of  any  such  rights  or  powers  in  said  railway  company, 
except  such  as  are  herein  and  hereby  conferred. 

T 12.  Subject  to  ordinances— power  of  council.]  § 12.  The 
rights  and  privileges  hereby  granted  shall  be  subject  to  all  police  reg- 
ulations now  existing,  or  which  may  hereafter  be  passed  by  said  vil- 
lage. Should  said  company  fail  or  neglect  to  complete  and  operate 
said  railways  in  the  manner  and  within  the  time  herein  designated, 
the  board  of  trustees  may  order  said  tracks  to  be  taken  up  and  re- 
moved by  said  company  and  at  said  company’s  own  cost  and  expense, 


1102 


STREET  RAILWAYS. 


L§  466 


and  if  said  company  should  fail  so  to  remove  said  tracks,  within  ten 
days  after  such  order  being  given,  then  the  village  may,  at  its  option, 
remove  the  same  or  cause  the  same  to  be  removed  at  the  cost  and  ex- 
pense of  said  company,  and  thereafter  prevent  such  tracks  from  be- 
ing laid  or  operated  upon  or  along  any  part  of  the  line  aforesaid. 

If  13.  Frontage  consent— indemnity.]  § 13.  The  authority 
hereby  granted  is  granted  upon  the  further  express  condition,  that 
the  said  company  has  obtained  from  the  owners  of  property  abutting 
upon  said  street  and  avenue  the  necessary  and  requisite  consent,  and 
will  save  and  keep  harmless  the  village  from  all  costs,  expenses  and 
damages,  by  reason  of  the  passage  of  this  ordinance,  and  the  construc- 
tion and  operation  and  maintenance  of  said  street  railway  tracks. 

§ 466.  Chicago  City  Railway  company. 

% 1.  Grant — Fifty-first  street. 

2.  Tracks,  how  laid. 

*[[  3.  Paving  and  repair  of  streets. 

% 4.  Animal  or  cable  system. 

Tf  5.  Term  of  grant — acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to 
operate  and  maintain  a street  railway  on  Fifty-first  street.  (Passed  and  ap- 
proved May  17,  1886.  Accepted  June  7,  1886.) 

If  1.  Grant — Fifty-first  street.]  Be  it  ordained  by  the  president 
and  board1  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permis- 
sion and  authority  is  hereby  granted  to  the  Chicago  City  Railway 
Company,  its  successors  and  assigns,  to  construct,  maintain  and  oper- 
ate a double  track  street  railway  on  Fifty-first  street,  from  State  street 
to  Indiana  avenue,  connecting  with  the  track  now  laid  thereon,  the 
said  tracks  to  be  placed  on  the  center  sixteen  feet  of  said  street. 

Tf  2.  Tracks — how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  shall  be  so  laid  that  carriages  and  other 
vehicles  can  readily  and  freely  cross  said  tracks  at  any  point,  and  in 
any  and  all  directions  without  obstruction. 

1 3.  Paving  and  repair  of  streets.]  § 3.  The  Chicago  City 
Railway  Company,  its  successors  and  assigns,  shall  keep  [the]  sixteen 
feet  occupied  by  said  tracks  in  good  order  and  condition  during  the 
whole  time  that  the  same  shall  be  occupied  by  said  tracks,  and  shall 
pave  the  same,  when  the  balance  of  said  street  is  paved,  in  the  manner 
which  may  be  directed  by  the  said  board  of  trustees. 

If  4.  Animal  or  cable  system.  ] § 4.  The  cars  on  said  tracks 

shall  not  be  operated  by  other  than  animal  power,  except  that  said 
company  may  at  any  time  during  the  term  of  this  ordinance,  adopt  the 
so-called  cable  system  thereon,  subject  to  the  same  requirments  and 
with  the  same  privileges  as  have  been  permitted  by  the  village  of  Hyde 
Park  on  other  lines  of  said  company. 


§ 467] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1103 


•[f  5.  Term  of  grant — acceptance.]  § 5.  The  rights  and  privi- 
leges hereby  granted  shall  continue  for  the  time  and  space  of  twenty 
years  from  the  passage  and  approval  of  this  ordinance,  and  its  accept- 
ance by  said  company. 


§ 


467.  Chicago  City  Railway  company. 
Tf  1.  Grant — Jefferson  avenue. 

Tj  2.  Cable  power., 

% 3.  Passenger  service — tracks. 

*\\  4.  Paving  and  repair  of  streets, 

f 5.  Reservation  of  rights. 

Tf  6.  Time  of  completion. 

7.  Rate  of  fare — running  time. 

If  8.  Acceptance. 

^f  9.  Ordinance  construed. 

\ 10.  Rights  forfeited,  when, 
f 11.  Frontage  consent 
12.  Snow,  removal  of. 


An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to 

operate  and  maintain  a street  railway  on  Jefferson  avenue.  (Passed  January 

10,  1887.  Accepted  January  io,  1887.) 

TJ  1.  Grant— Jefferson  avenue.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  consent 
be,  and  is  hereby  given  to  the  Chicago  City  Railway  Company,  its 
successors  and  assigns,  to  lay  down,  operate  and  maintain,  for  the 
period  of  twenty  years  from  the  passage  of  this  ordinance,  a single 
track  cable  street  railway  in,  over  and  along  the  center  eight  feet  of 
Jefferson  avenue,  from  the  center  of  Fifty-fifth  street,  connecting  by 
suitable  curves  with  the  south  track  thereon,  to  the  right  of  way  of 
said  company,  covering  the  south  three  feet  of  lots  3 7 and  12  and  the 
north  thirteen  feet  of  lots  36  and  13  in  block  67,  connecting  by  suit- 
able curves  with  the  track  to  be  laid  along  the  center  of  said  right 
of  way,  thence  easterly  from  the  east  line  of  Jefferson  avenue  one  hun- 
dred fifty-one  and  ninety-seven  hundredths  feet;  thence  northeasterly, 
on  a curve  having  a radius  of  fifty  feet,  a distance  of  forty-two  feet; 
thence  northeasterly,  with  a curve  of  one  hundred  and  four  feet  radius, 
a distance  of  fifty-nine  feet;  thence  northerly  on  Lake  avenue  parallel 
with  the  center  line  thereof  to  Fifty-fifth  street,  and  by  suitable  curve 
connect  with  the  north  track  to  be  laid  on  said  Fifty-fifth  street. 

T 2.  Cable  power.]  § 2.  Said  railways  shall  be  cable  rail- 
ways, and  shall  be  operated  by  stationary  engine  or  engines  not  lo- 
cated upon  the  streets  or  public  places  of  the  village,  and  propelled  by 
other  than  animal  power.  Said  Chicago  City  Railway  Company  may, 
for  said  purpose,  make  all  needful  and  convenient  trenches,  excava- 
tions and  sewer  connections,  and  may  place  all  needful  and  conveni- 
ent endless  cables  and  machinery  therein,  upon  any  street  upon  which 
its  railways  shall  be  constructed  hereunder;  Provided,  that  said  cables 
and  machinery  shall  be  underground,  and  shall  not  interfere  with  pub- 
lic travel,  and  shall  be  constructed  in  a substantial  and  workmanlike 


1104 


STREET  RAILWAYS. 


[§  467 


manner;  Provided,  also,  that  if  in  the  construction  of  said  trenches 
and  excavations  any  damage  or  injury  shall  result  to  any  of  the  sew- 
ers, water  pipes  or  private  drains,  then  said  company  shall  pay  and  be 
held  liable  therefor. 

Tf  3.  Passenger  service — tracks.]  § 3.  The  cars  to  be  oper- 
ated upon  said  track  shall  be  used  only  for  the  transfer  of  passengers 
and  their  ordinary  baggage,  and  the  cars  and  carriages  used  for  that 
purpose  shall  be  of  the  best  style  and  class  in  use  upon  street  rail- 
ways. The  track  of  said  railway  shall  not  be  elevated  above  the  sur- 
face of  the  street,  and  shall  conform  to  the  grades  thereof  which  shall 
have  been  established  by  the  village  of  Hyde  Park  at  the  time  of  lay- 
ing said  track,  and  shall  be  laid  with  Johnson  patent  or  other  im- 
proved rails,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can 
readily  and  freely  cross  said  tracks  at  any  point,  in  any  and  all  direc- 
tions without  unnecessary  obstruction. 

If  4.  Paving  and  repair  of  streets.]  § 4.  Said  Chicago  City 
Railway  Company,  its  successors  and  assigns,  shall  pave  with  granite 
blocks  and  keep  in  repair,  the  eight  (8)  feet  in  width  of  said  street  oc- 
cupied by  it,  during  the  whole  time  that  said  streets  and  avenues  shall 
be  occupied  by  said  tracks. 

If  5.  Reservation  of  rights.]  § 5.  The  village  of  Hyde 
Park,  for  itself  and  citizens,  reserves  the  right  to  put  in 
sewerage,  gas,  water  or  other  improvements  which  it  may 
deem  proper  at  any  place  in  said  streets  and  avenues,  using 
reasonable  care  and  diligence,  without  any  liability  for  damages 
to  said  Chicago  City  Railway  Company,  its  successors  and  assigns, 
for  so  doing.  The  said  company  shall  not  be  liable  to  any  forfeiture, 
or  for  any  damages,  for  any  neglect  to  operate  said  railways  when 
prevented  from  so  doing  by  the  work  in  this  section  provided  for. 

6.  Time  of  completion.]  § 6.  The  said  railway  company, 
its  successors  and  assigns,  shall  complete  the  railway  hereby  author- 
ized, and  shall  operate  the  same  as  herein  contemplated,  within  eigh- 
teen (18)  months  after  the  passage  and  approval  of  this  ordinance; 
Provided,  however,  that  if  said  company  shall  be  delayed  by  ordi- 
nance or  resolution  of  the  village  of  Hyde  Park,  or  by  any  suit,  in- 
junction or  order  or  decree  of  any  court  of  competent  jurisdiction, 
then  the  period  of  any  and  all  such  delays  shall  be  added  to  said  eigh- 
teen (18)  months.  But  the  village  of  Hyde  Park  shall  have  the  right 
to  intervene,  at  its  option,  in  such  suit  or  proceeding  in  any  court,  and 
become  a party  thereto,  and  move  for  the  dissolution  of  any  such  in- 
junction, or  the  vacation  of  any  such  order  or  decree. 

1 7.  Rate  of  fare— running  time.]  § 7.  The  rate  of  fare  on 
said  railway  tracks  hereby  authorized  shall  not  (except  where  cars  are 
chartered  for  a specified  time  and  purpose)  exceed  five  cents  for  one 
trip,  or  part  of  trip,  either  way  from  the  southern  intersection  of  said 


§ 467] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1105 


track  with  Lake  avenue  to  either  Thirty-ninth  street  or  Sixty-seventh 
street  on  Cottage  Grove  avenue,  and  shall  also  sell  family  tickets  at 
not  to  exceed  one  dollar  for  twenty  rides  between  said  point  on  Lake 
avenue  and  Madison  street,  Chicago,  with  transfer  to  Union  Stock 
Yards  at  Halsted  and  Root  streets,  which  shall  be  for  sale  at  places 
convenient  for  the  public.  Said  company  shall  operate  cars  over  the 
track  herein  named  at  intervals  of  not  over  ten  minutes  from  6:30  to 
8:30  a.  m.  and  4:30  to  6:30  p.  m.,  and  at  all  other  hours  at  intervals  of 
not  more  than  thirty  minutes  from  6 o’clock  a.  m.  to  1 1 o’clock  p.  m. 
Cars  shall  stop  to  take  on  and  let  off  passengers  only  at  farther  cross- 
ing of  street  intersections. 

If  8.  Acceptance.]  § 8.  This  ordinance  shall  take  effect  and 
be  in  force,  -when  and  as  soon  as  said  company  shall  file  with  the  clerk 
of  the  village  of  Hyde  Park  its  acceptance  in  writing  of  this  ordinance, 
and  if  said  company  shall  not  file  such  acceptance  with  said  clerk  with- 
in sixty  (60)  days  after  the  passage  and  approval  of  this  ordinance, 
then  this  ordinance  shall  become  and  be  void. 

T 9.  Ordinance  construed.]  § 9.  This  ordinance  shall  not  in 
any  way  or  manner  impair  or  take  away,  or  be  held  to  impair  or  take 
away,  any  rights  and' powers  which  said  Chicago  City  Railway  Com- 
pany  may  now  have  or  be  entitled  to  on  said  streets  and  avenues,  and 
by  accepting  and  acting  under  this  ordinance,  said  company  shall  not 
waive  or  lose,  or  be  taken  to  waive  or  lose,  any  right  or  power  which 
it  now  possesses,  nor  shall  it  be  construed  as  in  any  way  a recognition 
by  said  village  of  any  such  rights  or  powers  in  said  railway  company, 
except  such  as  are  herein  and  hereby  granted. 

If  10.  Rights  forfeited,  when.]  £ 10.  The  rights  and  privi- 
leges hereby  granted  shall  be  subject  to  all  police  regulations  now 
existing,  or  which  may  hereafter  be  passed  by  said  village.  Should 
said  company  fail  or  neglect  to  complete  and  operate  said  railways  in 
the  manner  and  within  the  time  herein  designated,  the  board  of  trus- 
tees may  order  said  tracks  to  be  taken  up  and  removed  by  said  coin- 
pan)  and  at  said  company’s  own  cost  and  expense,  and  if  said  coin* 
panv  should  fail  so  to  remove  said  tracks  within  ten  days  after  such 
order  being  given,  then  the  village  may  at  its  option  remove  the  same, 
or  cause  the  same  to  be  removed,  at  the  cost  and  expense  of  said 
company,  and  thereafter  prevent  such  tracks  from  being  laid  or  oper- 
ated upon  or  along  any  part  of  the  line  aforesaid. 

T 11.  Frontage  consent.]  §11.  The  authority  hereby  granted 
is  granted  upon  the  further  express  condition,  that  the  said  company 
has  obtained  from  the  owmers  of  property  abutting  upon  said  avenues 
the  necessary  and  requisite  consent,  and  will  save  and  keep  harmless 
the  village  from  all  costs,  expenses  and  damages  bv  reason  of  the 
passage  of  this  ordinance,  and  the  construction  and  operation  and 
maintenance  of  said  street  railway  tracks. 

T 12.  Snow,  removal  of.]  § 12.  The  authority  hereby  granted 

70 


1106 


STREET  RAILWAYS. 


[§§468,  469 


is  upon  the  further  express  condition,  that  the  said  Chicago  City  Rail- 
way Company,  in  removing  the  snow  from  the  tracks  hereby  author- 
ized, shall  not  leave  the  same  in  such  manner  as  to  impede  thereby 
the  free  and  convenient  use  of  such  streets  for  public  travel  by  carriages 
and  other  vehicles.  And  the  sidewalk  on  the  east  side  of  Lake  avenue, 
parallel  with  the  line  of  said  railway  tracks  and  the  crossings  at  street 
intersections,  shall,  when  constructed,  be  always  kept  free  and  clear 
of  obstruction  by  snow  so  removed  as  aforesaid  from  the  tracks  of 
said  company. 

§ 468.  Chicago  City  Railway  company. 

^ 1.  Grant — Thirty-ninth  street. 

^ 2.  Cable  system. 

•|  3.  Time  of  completion. 

4.  Indemnity  clause. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Thirty-ninth  street.  (Passed  February  2,  1887.) 

T 1.  Grant — Thirty-ninth  street.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake:  § 1.  That  permission  be  and  it  is 

hereby  granted  to  the  Chicago  City  Railway  Company,  its  successors 
and  assigns,  to  lay  down,  maintain  and  operate  ar  single  track  street 
railway  on  Thirty-ninth  street,  with  necessary  and  convenient  -side 
tracks,  turnouts  and  switches  to  connect  its  tracks  on  Wentworth  ave- 
nue with  its  tracks  on  Halsted  street,  on  condition  that  said  company 
improve  and  keep  in  repair  the  eight  (8)  feet  occupied  by  its  said  track- 
in  accordance  with  the  direction  of  the  town,  using  stone  in  so  doing, 
and  to  the  satisfaction  of  the  trustees. 

Tf  2.  Cable  system.]  § 2.  Said  company  shall  have  the  right 
at  any  time  to  adopt  its  so  called  cable  system  on  the  track  herein 
named,  the  same  to  be  constructed  under  the  direction  of  the  engineer 
of  said  town.  • 

3.  Time  of  completion.]  § 3.  The  tracks  herein  authorized 
shall  be  constructed  within  three  (3)  years  from  the  passage  hereof. 

1 4.  Indemnity  clause.  ] § 4.  Said  company  shall  protect  and 
save  harmless  the  said  town  of  Lake  from  all  cost  or  damage  be- 
cause or  growing  out  of  the  granting  of  this  ordinance. 

§ 469.  Chicago  City  Railway  company. 

^ 1.  Grant — viaduct  Sixty-first  street. 

2.  Cable  system. 

3.  ' Indemnity  clause. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Sixty-first  street.  (Passed  February  2,  1887.) 

If  1.  Grant — viaduct  61st  street.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake:  § 1.  That  permission  be  and  is 

hereby  granted  to  the  Chicago  City  Railway  Company,  its  successors 
and  assigns,  to  lay  down,  maintain  and  operate  a double  track  street 


47°] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1107 


railway  on,  over  and  along  the  viaduct  on  Sixty-first  street,  to  con- 
nect its  tracks  on  State  street  with  its  tracks  on  Wentworth  avenue, 
on  condition  that  said  company  keep  the  horse  paths  of  said  tracks 
planked  in  accordance  with  the  directions  of  the  engineer  of  said  town, 
and  to  the  satisfaction  of  the  trustees. 

1 2.  Cable  system.]  § 2.  Said  company  shall  have  the  right 
at  any  time  to  adopt  its  so-called  cable  system  on  the  tracks  herein 
named,  the  same  to  be  constructed  under  the  direction  of  the  engineer 
of  said  town. 

T 3.  Indemnity  clause.]  § 3.  Said  company  shall  protect  and 
save  harmless  the  said  town  of  Lake  from  all  cost  or  damages  because 
or  growing  out  of  the  granting  of  this  ordinance. 

§ 470.  Chicago  City  Railway  company. 


* 

I. 

Grant — Forty-seventh  street. 

2. 

Tracks  in  center  of  street. 

3- 

Tracks,  how  laid. 

1 

4- 

Gauge— indemnity. 

1 

5- 

Cable  or  animal  power. 

f 

6. 

Running  time. 

f 

7. 

Paving  street. 

* 

8. 

Time  of  completion. 

• 

9- 

Rate  of  fare. 

• 

10. 

Conductors. 

• 

1 1. 

Acceptance. 

1 

12. 

Reservation  of  rights. 

1 

13- 

Sprinkle  tracks. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Forty-seventh  street.  (Passed  February  2,  1887.) 

1 1.  Grant— 47th  street.]  Be  it  ordained  by  the  board  of  trus- 
tees of  the  town  of  Lake:  § 1.  That  permission  be  and  hereby  is 

granted  to  the  Chicago  City  Railway  Company  of  Chicago,  its  suc- 
cessors and  assigns,  to  lay  down,  maintain  and  operate  a double  track 
street  railway,  with  all  necessary  and  convenient  side  tracks  and 
switches,  on  Forty-seventh  street  from  Halsted  street  to  State  street; 
Provided,  said  tracks  shall  be  laid  under  and  subject  to  the  direction 
of  the  engineer  of  the  town,  and  provided  said  company  shall  improve 
and  keep  in  repair  sixteen  (16)  feet  in  width  of  the  streets,  where  said 
tracks  are  laid,  using  stone  in  so  doing,  to  the  satisfaction  of  the  trus- 
tees of  said  town. 

1 2.  Tracks  in  center  of  street.]  § 2.  The  tracks  shall  be  so 
constructed  that  the  center  line  between  the  two  tracks  shall  be  the 
center  of  the  streets  upon  which  the  same  are  laid,  and  that  the  rails 
used  shall  be  tram  rail  similar  to  that  now  used  by  said  company  in 
said  town. 

IT  3.  Tracks— how  laid,  j § 3.  The  said  company  shall  at  all 
times  keep  the  said  tracks  in  such  condition  that  they  shall  not  at  any 
time  be  elevated  above  the  surface  of  the  street  on  which  they  are  laid, 


1108  STREET  RAILWAYS.  [§  470 

so  that  vehicles  can  freely  and  easily  cross  said  tracks  at  all  points  and 
in  all  directions  without  unnecessary  obstruction. 

1"  4.  Gauge — indemnity.]  § 4.  That  the  gauge  of  said  tracks 
shall  be  four  (4)  feet  eight  and  one-half  (83^2)  inches,  and  that  said  com- 
pany shall  be  liable  for  all  the  legal  or  consequential  damages  sus- 
tained by  any  person  by  reason  of  the  carelessness  or  misconduct  of 
any  of  the  agents  or  servants  of  said  company,  in  the  course  of  their 
employment  in  the  construction  or  use  of  the  said  railway,  and  shall 
protect  said  town  from  all  damages  because  of  the  granting  of  this 
ordinance. 

f 5.  Cable  or  animal  power.]  § 5.  The  track  shall  be  used 
for  no  other  purpose  than  to  transport  passengers  and  their  ordinary 
baggage,  and  the  cars  used  shall  be  of  the  improved  class  in  use  on 
such  railway,  and  the  cars  used  upon  said  tracks  shall  be  operated  by 
animal  or  cable  power  only,  and  no  car  or  cars  operated  by  any  other 
power  than  animal  or  cable  shall  be  permitted  to  run  over  any  of  said 
tracks. 

The  Chicago  City  Railway  Company,  its  successors  or  assigns, 
may  at  any  time  operate  its  various  lines  of  railway  in  said  town  of 
Lake  by  endless  cables  operated  by  stationary  engine  or  engines  not 
located  upon  the  streets,  or  public  places  of  the  town,  and  propelled 
by  other  than  animal  power,  and  for  said  purpose  may  make  all  need- 
ful and  convenient  trenches,  excavations  and  sewer  connections,  and 
may  place  all  needful  and  convenient  endless  cables  and  machinery 
therein,  provided  said  cables  and  machinery  shall  be  underground,  and 
not  interfere  with  public  travel ; and  shall  be  constructed  in  substantial 
and  workmanlike  manner. 

1"  6.  Running  time.]  § 6.  That  the  said  company  shall  cause 
cars  or  carriages  to  be  run  for  the  accommodation  of  the  public  over 
all  of  said  tracks,  at  least  once  in  every  thirty  (30)  minutes  between 
the  hours  of  6 o’clock  a.  m.  and  7 o’clock  p.  m.  of  each  day,  and  at  least 
once  in  sixty  (60)  minutes  between  the  hours  of  7 o’clock  p.  m.  and 
midnight  of  each  day. 

7.  Paving  street.]  § 7.  The  said  company  shall  on  demand 
within  thirty  (30)  days  after  its  tracks  are  laid  on  Forty-seventh  street 
as  herein  provided,  refund  to  the  owners  of  property  abutting  thereon 
the  amount  paid  by  them  for  macadamizing  the  sixteen  (16)  feet  to  be 
occupied  by  said  tracks,  between  State  street  and  Stewart  avenue,  and 
from  Stewart  avenue  to  Halsted  street,  shall  fill,  grade  and  macadam- 
ize the  portion  of  said  street  between  the  tracks  of  said  company  and 
the  curbs.  The  curbs  to  be  furnished  and  set  by  the  owners  of  prop- 
erty abutting  thereon.  The  work  to  be  done  by  said  company  to  con- 
form to  the  specifications  of  the  engineer  of  said  town. 

«[f  8.  Time  of  completion.]  § 8.  The  said  company  shall  con- 
struct all  the  tracks  herein  provided  for  within  one  year  from  the  pas- 
sage hereof,  unless  the  construction  of  said'  tracks  shall  be  delayed  by 


CHICAGO  CITY  RAILWAY  COMPANY. 


1109 


§ 47 1 3 


order  or  injunction  of  some  court  of  competent  jurisdiction,  in  which 
case  the  time  lost  by  such  delay  shall  be  added  to  the  time  herein  speci- 
fied within  which  said  tracks  shall  be  constructed. 

If  9.  Rate  of  fare.]  § 9.  The  rate  of  fare  on  said  line  for  one 
continuous  trip  shall  be  five  (5)  cents,  and  any  person  having*  paid 
fare  on  the  line  herein  named  shall  be  entitled  to  transportation  to 
Thirty-ninth  and  State,  or  to  Root  and  Halsted  streets,  or  vice  versa, 
without  additional  fare. 

Tf  10.  Conductors.]  § 10.  That  no  car  shall  be  permitted  to 
run  on  said  line  without  a conductor,  excepting  grip  cars. 

If  11.  Acceptance.]  § 11.  This  ordinance  shall  be  in  force 
from  and  after  its  passage,  providing  said  company  shall  within  sixty 
(60)  days  from  its  passage  signify  its  willingness  to  construct  and  oper- 
ate said  tracks  in  accordance  with  the  terms  set  forth  in  the  foregoing 
ordinance. 

f 12.  Reservation  of  rights.]  § 1 2.  The  town  of  Lake,  for 
itself  and  citizens,  reserves  the  right  to  put  in  sewerage,  gas,  water  or 
other  improvements  which  it  may  deem  proper  at  any  place  in  said 
street,  using  reasonable  care  and  diligence,  without  any  liability  for 
damages  to  said  Chicago  City  Railway  Company,  its  successors  and 
assigns,  for  so  doing;  Providing,  that  the  said  company  shall  not  be 
liable  to  any  forfeiture  or  for  any  damage  for  any  neglect  to  operate 
said  railway,  when  prevented  from  so  doing  by  the  work  in  this  section 
provided  for. 

If  13.  Sprinkle  tracks.]  § 13.  The  said  company  shall  keep 
its  said  right  of  way  sprinkled,  as  it  may  be  directed  by  the  supervisor 
of  the  town. 


471.  Chicago  City  Railway  company. 


1 

I. 

Grant — streets  designated. 

c 

2. 

Style  of  rails. 

i 

3* 

Tracks,  how  constructed. 

•1 

4- 

Gauge — indemnity  clause. 

• 

5- 

Animal  or  cable  power. 

6. 

Running  time. 

11 

7. 

Time  of  completion. 

n 

8. 

Rate  of  fare. 

• 

9* 

Conductors. 

n 

10. 

Acceptance. 

1 

11. 

Reservation  of  rights. 

If 

12. 

Sprinkle  tracks. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  street 
railways.  (Passed  February  2,  1887  ) 

1 1.  Grant — streets  designated.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake:  § 1.  That  permission  be  and  is 

hereby  granted  to  the  Chicago  City  Railway  Company,  of  Chicago, 
its  successors  and  assigns,  to  lay  down,  maintain  and  operate  a single 
track  street  railway,  with  all  necessary  and  convenient  side  tracks  and 


1110 


STREET  RAILWAYS. 


switches,  on  State  street  from  Sixty-third  street  to  Vincennes  avenue, 
and  a double  track  on  Vincennes  avenue  to  Sixty-ninth  street,  and  on 
Sixty-ninth  street  from  Vincennes  avenue  to  Halsted  street,  on  Hal- 
sted  street  from  Sixty-third  street  to  Sixty-ninth  street,  said  tracks  to 
be  laid  under  and  subject  to  the  direction  of  the  engineer  of  the  town; 
and  provided,  said  company  shall  improve  and  keep  in  repair  eight  (8) 
feet  where  single  track  is  laid,  and  sixteen  (16)  feet  in  width  of  the 
streets  where  double  tracks  are  laid,  using  stone  in  so  doing,  to  the 
satisfaction  of  the  trustees  of  said  town. 

1"  2.  Style  of  rails.]  § 2.  The  tracks  shall  be  so  constructed 
that  the  center  line  between  the  two  tracks  shall  be  the  center  of  the 
streets  upon  which  the  same  are  laid,  and  that  the  rails  used  shall  be 
tram  rails  similar  to  those  now  used  by  said  company  in  said  town. 

1"  3.  Tracks — how  constructed.]  § 3.  The  said  company  shall 
at  all  times  keep  the  said  tracks  in  such  condition  that  they  shall  not 
at  any  time  be  elevated  above  the  surface  of  the  street  on  which  they 
are  laid,  so  that  vehicles  can  freely  and  easily  cross  said  tracks  at  all 
points  and  in  all  directions  without  unnecessary  obstruction. 

T 4.  Gauge— indemnity  clause.]  § 4.  That  the  gauge  of  said 
tracks  shall  be  four  (4)  feet  eight  and  one-half  (8)4)  inches,  and  that 
said  company  shall  be  liable  for  all  the  legal  or  consequential  damages 
sustained  by  any  person  by  reason  of  the  carelessness  or  misconduct 
of  any  of  the  agents  or  servants  of  said  company,  in  the  course  of 
their  employment  in  the  construction  or  use  of  the  said  railways  or 
either  of  them,  and  shall  protect  and  hold  harmless  the  said  town 
from  all  costs,  liability  or  damage  growing  out  of  the  granting  of 
this  ordinance. 

If  5.  Animal  or  cable  power.]  § 5.  The  tracks  shall  be  used 
for  no  other  purpose  than  to  transport  passengers  and  their  ordinary 
baggage,  and  the  cars  used  shall  be  of  the  improved  class  in  use 
on  such  railways,  and  the  cars  used  upon  said  tracks  shall  be  op- 
erated by  animal  or  cable  power  only,  and  no  car  or  cars  operated 
by  any  other  power  than  animal  or  cable  shall  be  permitted  to  run  over 
any  of  said  tracks. 

The  Chicago  City  Railway  Company,  its  successors  or  assigns,  may 
at  any  time  operate  any  of  the  said  lines  of  railway  by  endless  cables 
operated  by  stationary  engine  or  engines  not  located  upon  the  streets 
or  public  places  of  the  town,  and  propelled  by  other  than  animal 
power;  and  for  said  purpose  may  make  all  needful  and  convenient 
trenches,  excavations  and  sewer  connections,  and  may  place  all  need- 
ful and  convenient  endless  cables  and  machinery  therein;  Provided, 
said  cables  and  machinery  . shall  be  underground,  and  not  interfere 
with  public  travel,  and  shall  be  constructed  in  substantial  and  work- 
manlike manner. 

If  6.  Running  time.]  § 6.  The  said  company  shall  cause  cars 


§ 472] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1111 


or  carriages  to  be  run  for  the  accommodation  of  the  public  over  all 
of  said  tracks,  at  least  Gnce  in  every  thirty  (30)  minutes,  between  the 
hours  of  6 o'clock  a.  m.  and  7 o’clock  p.  m.  of  each  day,  and  at  least 
once  in  sixty  (60)  minutes,  between  the  hours  of  7 o’clock  p.  m.  and 
midnight  of  each  day. 

If  7.  Time  of  completion.]  § 7.  The  said  company  shall  con- 
struct all  the  tracks  herein  provided  for  within  one  year  from  the  pass- 
age hereof,  unless  the  construction  of  any  of  said  tracks  shall  be  de- 
layed bv  order  or  injunction  of  some  court  of  competent  jurisdiction, 
in  which  case  the  time  lost  by  such  delay  shall  be  added  to  the  time 
herein  specified  within  which  said  tracks  shall  be  constructed. 

Tf  8.  Rate  of  fare.]  § 8.  The  rate  of  fare  on  said  lines  for  one 
continuous  trip  shall  be  five  (5)  cents,  and  any  person  having  paid 
fare  on  any  of  the  lines  herein  named,  shall  be  entitled  to  transpor- 
tation to  Thirty-ninth  and  State  streets,  or  to  Root  street  and  Halsted 
street,  or  vice  versa,  without  additional  fare.  But  nothing  herein  con- 
tained shall  require  said  company  to  operate  its  cars  across  the  steam 
railroad  tracks  lying  south  of  Sixty-third  street  on  State  street. 

^f  9.  Conductors.]  § 9.  That  no  car  shall  be  permitted  to  run 
on  any  of  the  said  lines  at  any  time  without  a conductor,  excepting 
grip  cars. 

If  10.  Acceptance.]  § 10.  This  ordinance  shall  be  in  force  from 
and  after  its  passage,  providing  said  company  shall,  within  sixty  (60) 
days  from  its  passage,  signify  in  writing  its  willingness  to  construct 
and  operate  said  tracks  in  accordance  with  the  terms  set  forth  in  this 
ordinance. 

1 11.  Reservation  of  rights.]  § 11.  The  town  of  Lake,  for  it- 
self and  citizens,  reserves  the  right  to  put  in  sewerage,  gas,  water  or 
other  improvements  which  it  may  deem  proper  at  any  place  in  said 
street,  using  reasonable  care  and  diligence,  without  any  liability  for 
damages  to  said  Chicago  City  Railway  Company,  its  successors  and 
assigns,  for  so  doing:  Provided,  that  the  said  company  shall  not  be 
liable  to  any  forfeiture  or  for  any  damages  for  any  neglect  to  op- 
erate said  railways  when  prevented  from  so  doing  by  the  work  in  this 
section  provided  for. 

If  12.  Sprinkle  tracks.]  § 12.  The  said  company  shall  keep 
its  said  right  of  way  sprinkled,  as  it  may  be  directed  by  the  supervisor 
of  the  town. 

§ 472.  Chicago  City  Railway  company. 

If  1.  Grant — Ashland  avenue. 

I 2.  Style  of  rail. 

H 3.  Tracks,  how  constructed. 

1|  4.  Gauge — indemnity  clause. 

II  5.  Animal  or  cable  power. 

If  6.  Running  time. 

If  7.  Time  of  completion. 


1112 


STREET  RAILWAYS. 


11 

8. 

Rate  of  fare. 

1! 

9- 

Conductors. 

11 

10. 

Acceptance. 

1! 

11. 

Reservation  of  rights. 

if 

12. 

Sprinkle  tracks. 

A:i  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a street 

railway  on  Ashland  avenue.  (Passed  February  2,  1887.) 

IT  1.  Grant— Ashland  avenue.]  Be  it  ordained  by  the  board  of 

trustees  of  the  town  of  Lake:  § 1.  That  permission  be  and  hereby 

is  granted  to  the  Chicago  City  Railway  Company  of  Chicago,  its  suc- 
cessors and  assigns,  to  lay  down,  maintain  and  operate  a double  track 
street  railway,  with  all  necessary  and  convenient  side  tracks  and 
switches,  on  Ashland  avenue  from  Thirty-ninth  street  to  Fifty-fifth 
street:  Provided,  said  tracks  shall  be  laid  under  and  subject  to  the 

direction  of  the  engineer  of  the  town,  and,  provided,  said  company 
shall  improve  and  keep  in  repair  sixteen  (16)  feet  in  width  of  the 
streets  where  said  tracks  are  laid,  using  stone  in  so  doing,  to  the  satis- 
faction of  the  trustees  of  said  town. 

T 2.  Style  of  rail.]  § 2.  The  tracks  shall  be  so  constructed 
that  the  center  line  between  the  two  tracks  shall  be  the  center  of  the 
streets  upon  which  the  same  are  laid,  and  that  the  rails  used  shall  be 
tram  rail  similar  to  that  now  used  by  said  company  in  said  town. 

1 3.  Tracks — how  constructed.]  § 3.  The  said  company  shall 
at  all  times  keep  the  said  tracks  in  such  condition  that  they  shall  not 
at  any  time  be  elevated  above  the  surface  of  the  street  on  which  they 
are  laid,  so  that  vehicles  can  freely  and  easily  cross  said  tracks  at  all 
points  and  in  all  directions  without  unnecessary  obstruction. 

T 4.  Gauge — indemnity  clause.]  § 4.  That  the  gauge  of  said 
tracks  shall  be  four  (4)  feet  eight  and  one-half  (8 y2)  inches,  and  that 
said  company  shall  be  liable  for  all  the  legal  or  consequential  dam- 
ages sustained  by  any  person  by  reason  of  the  carelessness  or  miscon- 
duct of  any  of  the  agents  or  servants  of  said  company,  in  the  course 
of  their  employment  in  the  construction  or  use  of  the  said  railway, 
and  shall  protect  said  town  from  all  damage  because  of  the  granting 
of  this  ordinance. 

T 5.  Animal  or  cable  power.]  § 5.  The  track  shall  be  used 
for  no  other  purpose  than  to  transport  passengers  and  their  ordinary 
baggage,  and  the  cars  used  shall  be  of  the  improved  class  in  use  on 
such  railway,  and  the  cars  used  upon  said  tracks  shall  be  operated 
by  animal  or  cable  power  only,  and  no  car  or  cars  operated  by  any 
other  power  than  animal  or  cable  shall  be  permitted  to  run  over  any 
of  said  tracks.  The  Chicago  City  Railway  Company,  its  successors 
or  assigns,  may  at  any  time  operate  its  various  lines  of  railway  in 
said  town  of  Lake  by  endless  cables  operated  by  stationary  engine  or 
engines,  not  located  upon  the  streets  or  public  places  of  the  town, 
and  propelled  by  other  than  animal  power,  and  for  said  purpose  may 


§ 472] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1113 


make  all  needful  and  convenient  trenches,  excavations  and  sewer  con- 
nections, and  may  place  therein  all  needful  and  convenient  endless 
cables  and  machinery:  Provided,  said  cables  and  machinery  shall 

be  underground,  and  not  interfere  with  public  travel,  and  shall  be 
constructed  in  substantial  and  workmanlike  manner. 

1"  6.  Running  time.]  § 6.  That  the  said  company  shall  cause 
cars  or  carriages  to  be  run  for  the  accommodation  of  the  public  over 
all  of  said  tracks  at  least  once  in  every  thirty  (30)  minutes  between  the 
hours  of  6 o’clock  a.  m.  and  7 o’clock  p.  m.  of  each  day,  and  at  least 
once  in  sixty  (60)  minutes  between  the  hours  of  7 o’clock  p.  m.  and 
midnight  of  each  day. 

IT  7.  Time  of  completion.]  § 7.  The  said  company  shall  con- 
struct all  the  tracks  herein  provided  for  within  one  year  from  the 
passage  hereof,  unless  the  construction  of  any  of  said  tracks  shall  be 
delayed  by  order  or  injunction  of  some  court  of  competent  jurisdic- 
tion, in  which  case  the  time  lost  by  such  delay  shall  be  added  to 
the  time  herein  specified  within  which  said  tracks  shall  be  constructed. 

1 8.  Rate  of  fare.]  § 8.  The  rate  of  fare  on  said  line  for  one 
continuous  trip  shall  be  five  (5)  cents,  and  any  person  having  paid  fare 
on  the  line  herein  named  shall  be  entitled  to  transportation  to  Thirty- 
ninth  and  State  streets,  or  to  Root  and  Halsted  streets,  or  vice  versa, 
without  additional  fare. 

T 9.  Conductors.]  § 9.  That  no  car  shall  be  permitted  to  run 
on  any  of  the  said  lines  at  any  time  without  a conductor,  excepting 
grip  cars. 

IT  10.  Acceptance.]  § 10.  This  ordinance  shall  be  in  force  from 
and  after  its  passage,  providing  said  company  shall  within  sixty  (60) 
days  from  its  passage  signify,  in  writing,  its  willingness  to  construct 
and  operate  said  tracks  in  accordance  with  the  terms  set  forth  in  this 
ordinance. 

T 11.  Reservation  of  rights.  ] § 11.  The  town  of  Lake,  for  it- 
self and  citizens,  reserves  the  right  to  put  in  sewerage,  gas,  water  or 
other  improvements,  which  it  may  deem  proper,  at  any  place  in  said 
street,  using  reasonable  care  and  diligence,  without  any  liability  for 
damages  to  said  Chicago  City  Railway  Company,  its  successors  and 
assigns,  for  so  doing:  Provided,  that  the  said  company  shall  not  be 

liable  to  any  forfeiture  or  for  any  damages  for  any  neglect  to  operate 
said  railways  when  prevented  from  so  doing  by  the  work  in  this  sec- 
tion provided  for. 

1 12.  Sprinkle  tracks.]  § 12.  The  said  company  shall  keep  its 
said  right  of  way  sprinkled,  as  it  may  be  directed  by  the  supervisor 
of  the  town. 


1114 


STREET  RAILWAYS. 


[§  473 


§ 473.  Chicago  City  Railway  company. 

1.  Grant — route. 

2.  Time  of  completion. 

*j|  3.  Animal  or  cable  power. 

Tj  4.  Paving  and  repair  of  streets. 

5.  Rate  of  fare — transfers. 

6.  License  fep. 

7.  Term  of  grant — acceptance. 

*11  8.  Subject  to  ordinances. 

An  ordinance  authorizing  the  extension  of  street  railways  in  the  south  division 

of  the  city  of  Chicago.  (Passed  February  25,  1887.  Accepted  March  21, 

1887.) 

IT  1-  Grant— route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance  here- 

of, and  the  undertaking  by  the  Chicago  City  Railway  Company,  to 
comply  with  the  provisions  of  this  ordinance,  authority  and  consent 
is  hereby  granted  and  given  unto  the  said  the  Chicago  City  Railway 
Company,  its  successors,  assigns  and  lessees,  to  construct,  lay  down, 
operate  and  maintain  a double  track  street  railway,  with  the  neces- 
sary side  tracks  and  switches,  in  the  manner  and  upon  and  along 
the  several  streets  hereinafter  mentioned: 

On  Twenty-second  street,  from  the  Illinois  Central  railroad  tracks 
to  the  center  of  Indiana  avenue,  and  from  the  center  of  State  street 
to  the  south  branch  of  the  Chicago  river. 

On  Twenty-sixth  street,  from  the  center  of  Halsted  street  to  the 
center  of  Cottage  Grove  avenue. 

On  Thirty-fifth  street,  from  the  center  of  State  street  to  the  center 
of  Ullman  street. 

On  Ullman  street,  from  the  center  of  Thirty-fifth  street  to  the 
center  of  Thirty-first  street. 

On  Pitney  avenue,  from  the  center  of  Archer  avenue  to  the  right 
of  way  of  the  Chicago  and  Alton  Railroad  Company. 

1 2.  Time  of  completion.]  § 2.  The  various  tracks  herein 
named  shall  be  built  within  two  (2)  years  after  the  passage  of  this 
ordinance. 

Provided,  that  should  the  construction  of  any  one  or  more  of  said 
lines  be  delayed  by  injunction  of  any  court,  the  time  so  lost  shall 
be  added  to  the  time  herein  specified,  within  which  the  same  shall 
be  constructed;  and 

Provided,  that  should  any  portion  of  any  of  the  said  lines  be  not 
completed  within  the  time  herein  specified,  that  the  rights  herein 
granted  shall  be  forfeited  only  on  the  unbuilt  portion  thereof. 

f 3.  Animal  or  cable  power.]  § 3.  The  cars  of  said  railway 
shall  be  operated  only  by  animal  power,  except  that  it  shall  be  lawful 
for  the  Chicago  City  Railway  Company  at  any  time,  within  the  term 
of  this  ordinance,  to  adopt  its  so-called  “cable  system,”  on  any  or  all 
of  the  lines  herein  named,  the  same  to  be  constructed  and  operated  as 


§ 474] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1115 


provided  by  and  subject  to  the  conditions  of  the  ordinance  of  Jan- 
uary 17th,  A.  D.  1881,  authorizing  the  Chicago  City  Railway  Com- 
pany to  operate  its  cars  by  other  than  animal  power. 

1 4.  Paving  and  repair  of  streets.]  § 4.  As  regards  filling, 
grading  and  paving  of  the  streets,  or  parts  of  streets,  to  be  occupied 
by  its  tracks,  as  herein  provided,  the  said  company  shall  fill,  grade 
and  pave,  and  keep  in  repair,  sixteen  (16)  feet  in  the  center  of  said 
street,  so  occupied,  in  manner  provided  by  section  two  of  the  ordi- 
nance of  July  30th,  1883,  relating  to  street  railways.  The  right  to  use 
granite  blocks  in  paving  all  its  lines  on  the  streets  herein  named, 
is  hereby  expressly  granted  to  said  company. 

T 5.  Rate  of  fare — transfers.]  § 5.  The  rate  of  fare  shall  not 
exceed  five  (5)  cents  for  any  distance  between  Madison  street  and 
the  terminus  of  each  of  said  lines,  and  passengers  on  the  Twenty- 
second  street,  Twenty-sixth  street  and  Thirty-fifth  street  direct  lines, 
shall  be  transferred  either  way,  to  or  from  any  of  the  north  or  south 
lines  of  said  company,  which  they  cross,  without  additional  fare. 

T 6.  License  fee.]  § 6.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  lines  herein  provided,  the  said  com- 
pany shall  conform  to  section  one  of  an  ordinance  passed  July  30th, 
1883,  relating  to  street  railways. 

1"  7.  Term  of  grant — acceptance.]  § 7.  The  grant  herein  given 
shall  extend  for  the  term  of  twenty  (20)  years  from  the  passage  here- 
of, provided  the  same  shall  be  accepted  by  said  company  within  thirty 
(30)  days  after  its  passage. 

T 8.  Subject  to  ordinances.]  §8.  The  privileges  hereby  grant- 
ed are  subject  to  all  the  general  ordinances  of  the  city  of  Chicago, 
now  in  force  or  hereafter  to  be  passed,  in  reference  to  horse  railways, 
and  to  all  ordinances  affecting  the  lines  of  railways  of  which  the  lines 
hereby  authorized  are  extensions. 

Note. — See  following  amendatory  ordinance. 

§ 474.  Chicago  City  Railway  company. 

Tf  1.  Amending  foregoing  ordinance. 

An  ordinance  amending  an  ordinance  passed  February  25,  1887,  authorizing  the 

extension  of  street  railways  in  the  south  division  of  the  city  of  Chicago. 

(Passed  October  8,  1888.) 

1 1.  Amending  foregoing  ordinance.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago : That,  that  part  of  section  one  grant- 
ing to  the  Chicago  City  Railway  Company  the  right  to  lay  down  and 
operate  a double  track  railroad,  with  the  necessary  side  tracks  and 
switches,  on  Twenty-second  street,  from  the  Illinois  Central  Railroad 
tracks,  to  the  center  of  Indiana  avenue,  embodied  in  an  ordinance 
passed  by  the  city  council  of  the  city  of  Chicago,  February  twenty- 
fifth  (25th),  A.  D.  1887,  and  approved  by  the  mayor  of  said  city,  Feb- 


1116  STREET  RAILWAYS.  [§  475 

ruary  twenty-eight  (28th),  of  the  same  year,  be  and  the  same  hereby  is 
repealed. 

This  ordinance  shall  be  in  force  from  and  after  its  passage. 

§ 475.  Chicago  City  Railway  company. 

\ 1.  Grant,  Forty-third  street — term. 

^1  2.  Animal  or  cable  power. 

T1  3.  Sprinkle  tracks— snow. 

\ 4.  Tracks,  how  laid. 

1 5-  Paving. 

*fl  6.  Reservation  of  rights. 

7.  Time  of  completion. 

^ 8.  Rate  of  fare— running  time. 

][  9.  Acceptance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Forty-third  street.  (Passed  and  approved  April  4,  1887. 

Accepted  April  n,  1887.) 

T 1.  Grant — 43d  street — term.]  Be  it  ordained  by  the  presi- 
dent and  board  of  trustees  of  the  village  of  Hyde  Park,  Illinois,  as 
follows:  § 1.  That  consent  be  and  it  is  hereby  given  to  the  Chicago 
City  Railway  Company,  its  successors  and  assigns,  to  lay  down,  main- 
tain and  operate  for  the  period  of  twenty  (20)  years  from  the  passage 
of  this  ordinance,  a double  track  street  railway  in,  over  and  along 
Forty-third  street  in  the  village  of  Hyde  Park,  from  the  right  of  way 
of  the  Illinois  Central  Railroad  Company  to  the  center  of  State  street. 

1"  2.  Animal  or  cable  power.  ] § 2.  The  cars  used  upon  said 

tracks  shall  be  operated  only  by  animal  or  cable  power,  and  said  com- 
pany shall  have  the  right  at  any  time  to  adopt  its  so-called  cable  sys- 
tem on  the  said  tracks.  Said  Chicago  City  Railway  Company  may 
for  said  purpose  make  all  needful  and  convenient  trenches,  excava- 
tions and  sewer  connections,  and  may  place  all  needful  and  con- 
venient endless  cables  and  machinery  therein  upon  said  street,  upon 
which  its  railway  shall  be  constructed  hereunder:  Provided,  that  said 
cables  and  machinery  shall  be  underground,  and  shall  not  interfere 
with  public  travel,  and  shall  be  constructed  in  substantial  and  work- 
manlike manner:  Provided,  also,  that  if  in  the  construction  of  said 

trenches  and  excavations  any  damage  or  injury  shall  result  to  any 
of  the  sewers,  water  pipes  or  private  drains,  then  said  company  shall 
pay  and  be  held  liable  therefor. 

3.  Sprinkle  tracks — snow.]  § 3.  Said  railway  tracks  pro- 
vided for  in  this  ordinance  shall  occupy  the  center  sixteen  (16)  feet 
of  the  street  above  named,  shall  be  sprinkled  in  the  summer  and 
cleared  of  snow  in  the  winter. 

1 4.  Tracks— how  laid.]  § 4.  The  cars  to  be  operated  upon 
said  tracks  shall  be  used  only  for  the  transfer  of  passengers  and  their 
ordinary  baggage,  and  the  cars  and  carriages  used  for  that  purpose 
shall  be  of  the  best  style  and  class  in  use  upon  street  railways,  and 
shall  be  warmed  in  the  winter.  The  tracks  of  said  railway  shall  not 


4 7 S ] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1117 


be  elevated  above  the  surface  of  the  street,  and  shall  conform  to  the 
grades  thereof,  which  shall  have  been  established  by  the  village  of 
Hyde  Park  at  the  time  of  laying  said  tracks,  and  shall  be  laid  with 
Johnson  patent,  or  other  improved  rails,  and  shall  be  so  laid  that  car- 
riages and  other  vehicles  can  readily  and  freely  cross  said  tracks  at 
any  point  in  any  and  all  directions  without  unnecessary  obstruction. 

T 5.  Paving.]  § 5.  Said  Chicago  City  Railway  Company,  its 
successors  and  assigns,  shall  improve  and  keep  in  repair  the  sixteen 
(16)  feet  in  width  of  said  street  occupied  by  it,  during  the  whole  time 
that  said  street  shall  be  occupied  by  said  tracks,  using  stone  in  so 
doing. 

1”  6.  Reservation  of  rights.]  §6.  The  village  of  Hyde  Park,  for 
itself  and  citizens,  reserves  the  right  to  put  in  sewerage,  gas,  water 
or  other  improvements,  which  it  may  deem  proper,  at  any  place  in 
said  street,  using  reasonable  care  and  diligence,  without  any  liability 
for  damages  to  said  Chicago  City  Railway  Company,  its  successors 
and  assigns,  for  so  doing.  The  said  company  shall  not  be  liable  to  any 
forfeiture  or  for  any  damages  for  any  neglect  to  operate  said  railway 
when  prevented  from  so  doing  by  the  work  in  this  section  provided 
for. 

7.  Time  of  completion.]  § 7.  The  said  railway  company,  its 
successors  and  assigns,  shall  complete  the  railway  hereby  authorized 
within  twelve  (12)  months  after  the  passage  and  approval  of  this  ordi- 
nance: Provided,  however,  that  if  said  company  shall  be  delayed  by 

ordinance  or  resolution  of  the  village  of  Hyde  Park,  or  by  any  in- 
junction, or  order  or  decree  of  any  court  of  competent  jurisdiction, 
then  the  period  of  any  and  all  such  delays  shall  be  added  to  said  twelve 
(12)  months. 

1 8.  Rate  of  fare — running  time.]  § 8.  The  rate  of  fare  on  said 
railway  tracks  hereby  authorized  shall  not  (except  where  cars  are 
chartered  for  a specified  time  and  purpose)  exceed  five  (5)  cents  for 
one  trip  or  part  of  trip  either  way.  Said  company  shall  also  transfer 
passengers  without  additional  fare  to  the  north  and  south  lines  of  said 
company,  which  may  be  crossed  by  the  tracks  herein  authorized, 
good  to  Madison  street  in  the  city  of  Chicago,  or  the  stock  yards  at 
Halsted  and  Root  streets,  to  holders  of  twenty  ride  family  tickets. 
Said  company  shall  .operate  cars  at  intervals  of  not  more  than  ten 
minutes  from  6:30  to  8:30  A.  M.  and  4:30  to  6:30  P.  M.,  and  at  other 
hours  at.  intervals  of  not  more  than  thirty  minutes  from  6 o’clock 
A.  M.  to  11  o’clock  P.  M.  Cars  shall  stop  to  take  on  and  let  off  passen- 
gers only  at  the  farther  crossing  of  street  intersections. 

IT  9-  Acceptance.]  § 9.  This  ordinance  shall  take  effect  and 
be  in  force  when,  and  as  soon  as  said  company  shall  file  with  the 
clerk  of  the  village  of  Hyde  Park  its  acceptance  in  writing  of  this 
ordinance,  and  if  said  company  shall  not  file  such  acceptance  with 


1118  STREET  RAILWAYS.  [§  476 

said  clerk  within  sixty  (60)  days  after  the  passage  and  approval  of 
this  ordinance,  then  this  ordinance  shall  become  and  be  void. 

§ 476.  Chicago  City  Railway  company. 

T[  1.  Grant — State  street — term. 

][  2.  Animal  or  cable  power. 

][  3.  Position  of  tracks. 

4.  Passenger  service — tracks. 

5.  Paving  and  repair  of  streets. 

][  6.  Reservation  of  rights. 

7.  Completion  of  road. 

8.  Rate  of  fare — running  time. 

9.  When  in  force — acceptance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  State  street.  (Passed  and  approved  April  4,  1887.  Ac- 
cepted April  11,  1887.) 

T 1.  Grant— State  street — term.]  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Hyde  Park,  Illinois,  as  follows: 
§ 1.  That  consent  be  and  it  is  hereby  given  to  the  Chicago  City  Rail- 
way Company,  its  successors  and  assigns,  to  lay  down,  maintain  and 
operate  for  the  period  of  twenty  (20)  years  from  the  passage  of  this 
ordinance,  a single  track  street  railway  111,  over  and  along  State  street, 
in  the  village  of  Hyde  Park,  from  Sixty-third  street  to  the  center  of 
Vincennes  avenue,  but  nothing  herein  shall  require  said  company  to 
operate  its  cars  across  the  steam  railway  tracks  immediately  south  of 
Sixty-third  street. 

IT  2.  Animal  or  cable  power.]  § 2.  The  cars  used  upon  said 
tracks  shall  be  operated  only  by  animal  or  cable  power,  and  said  com- 
pany shall  have  the  right  at  any  time  to  adopt  its  so-called  cable 
system  on  the  said  tracks.  Said  Chicago  City  Railway  Company  may 
for  said  purpose  make  all  needful  and  convenient  trenches,  excava- 
tions and  sewer  connections,  and  may  place  all  needful  and  convenient 
endless  cables  and  machinery  therein  upon  said  street,  upon  which 
its  railway  shall  be  constructed  hereunder:  Provided,  that  said 

cables  and  machinery  shall  be  underground,  and  shall  not  interfere 
with  public  travel,  and  shall  be  constructed  in  a substantial  and  work- 
manlike manner:  Provided,  also,  that  if  in  the  construction  of  said 

trenches  and  excavations,  any  damage  or  injury  shall  result  to  any 
of  the  sewers,  water  pipes  or  private  drains,  then  said  company  shall 
pay  and  be  held  liable  therefor. 

1"  3.  Position  of  track.]  § 3.  Said  railway  track  provided  for 
in  this  ordinance  shall  occupy  with  a single  track  to  be  laid  in  the 
town  of  Lake,  the  center  sixteen  (16)  feet  of  the  street  above  named. 

IT  4.  Passenger  service — tracks.]  § 4.  The  cars  to  be  operated 
upon  said  tracks  shall  be  used  only  for  the  transfer  of  passengers  and 
their  ordinary  baggage,  and  the  cars  and  carriages  used  for  that  pur- 
pose shall  be  of  the  best  style  and  class  in  use  upon  street  railways. 
The  track  of  said  railway  shall  not  be  elevated  above  the  surface  of 


CHICAGO  CITY  RAILWAY  COMPANY. 


1119 


§ 476] 


the  street,  and  shall  conform  to  the  grades  thereof,  which  shall  have 
been  established  by  the  village  of  Hyde  Park  at  the  time  of  laying 
said  track,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can 
readily  and  freely  cross  said  track  at  any  point  in  any  and  all  direc- 
tions without  unnecessary  obstruction. 

f 5.  Paving  and  repair  of  streets.]  § 5.  Said  Chicago  City 
Railway  Company,  its  successors  and  assigns,  shall  improve  and  keep 
in  repair  the  sixteen  (16)  feet  in  width  of  said  street  occupied  by  it,  dur- 
ing the  whole  time  that  said  street  shall  be  occupied  by  said  track, 
using  stone  in  so  doing. 

If  6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde  Park, 
for  itself  and  citizens,  reserves  the  right  to  put  in  sewerage,  gas,  water 
or  other  improvements,  which  it  may  deem  proper,  at  any  place  in 
said  street,  using  reasonable  care  and  diligence,  without  any  liability 
for  damages  to  said  Chicago  City  Railway  Company,  its  successors 
and  assigns,  for  so  doing.  The  said  company  shall  not  be  liable  to 
any  forfeiture,  or  for  any  damages  for  any  neglect  to  operate  said 
railway,  when  prevented  from  so  doing  by  the  work  in  this  section 
provided  for. 

IT  7.  Completion  of  road.]  § 7.  The  said  railway  company,  its 
successors  and  assigns,  shall  complete  the  railway  hereby  authorized 
within  twelve  (12)  months  after  the  passage  and  approval  of  this  ordi- 
nance: Provided,  however,  that  if  said  company  shall  be  delayed 

by  ordinance  or  resolution  of  the  village  of  Hyde  Park,  or  by  any 
injunction  or  order  or  decree  of  any  court  of  competent  jurisdiction, 
then  the  period  of  any  and  all  such  delays  shall  be  added  to  said 
twelve  (12)  months. 

1 8.  Rate  of  fare— running  time.]  § 8.  The  rate  of  fare  on 
said  railway  track  hereby  authorized  shall  not  (except  where  ears  are 
chartered  for  a specified  time  and  purpose)  exceed  five  (5)  cents  for 
one  trip  or  part  of  trip  either  way.  Said  company  shall  also  transfer 
passengers  without  additional  fare  north  to  Thirty-ninth  street.  Said 
company  shall  operate  cars  at  intervals  of  not  more  than  one  hour 
from  6:30  A.  M.  to  6:30  P.  M.  Cars  shall  stop  to  take  on  and  let  off 
passengers  only  at  the  farther  crossing  of  street  intersections. 

“19.  When  in  force— acceptance.]  § 9.  This  ordinance  shall 
take  effect  and  be  in  force  when,  and  as  soon  as  said  company  shall 
file  with  the  clerk  of  the  village  of  Hyde  Park  its  acceptance  in  writ- 
ing of  this  ordinance,  and  if  said  company  shall  not  file  such  accept- 
ance with  said  clerk  within  sixty  (60)  days  after  the  passage  and 
approval  of  this  ordinance,  then  this  ordinance  shall  become  and  be 
void. 


1120 


STREET  RAILWAYS. 


L§  47  7 


§ 477.  Chicago  City  Railway  company. 

H 1.  Grant,  Sixty-third  street — term. 

Tf  2.  Animal  or  cable  power. 

Tf  3.  Position  of  tracks. 

][  4.  Passenger  service. 

1 5-  Paving  and  repair  of  streets. 

6.  Reservation  of  rights. 

T[  7.  Completion  of  tracks. 

8.  Rate  of  fare — running  time. 

T[  9.  Acceptance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 
street  railway  on  Sixty-first  and  Sixty-third  streets.  (Passed  and  approved 
April  4,  1887.  Accepted  April  11,  1887.) 

1"  1.  Grant — 63d  street — term.]  Be  it  ordained  by  the  presi- 
dent and  board  of  trustees,  of  the  village  of  Hyde  Park,  Illinois,  as 
follows:  § 1 . That  consent  be  and  it  is  hereby  given  to  the  Chicago 
City  Railway  Company,  its  successors  and  assigns,  to  lay  down,  main- 
tain and  operate  for  the  period  of  twenty' (20)  years  from  the  passage 
of  this  ordinance  a double  track  street  railway  in,  over  and  along 
Sixtv-third  street  in  the  village  of  Hyde  Park,  from  the  right  of  way 
of  the  Illinois  Central  Railroad  Company  to  the  center  of  Cottage 
Grove  avenue,  and  on  Sixty-first  street  from  the  center  of  Cottage 
Grove  avenue  west  to  the  present  terminus  of  said  company’s  tracks 
on  said  Sixty-first  street. 

If  2.  Animal  or  cable  power.]  § 2.  The  cars  used  upon  said 
tracks  shall  be  operated  only  by  animal  or  cable  power,  and  said  com- 
pany shall  have  the  right  at  any  time  to  adopt  its  so-called  cable 
system  on  the  said  tracks.  Said  Chicago  City  Railway  Company  may 
for  said  purpose  make  all  needful  and  convenient  trenches,  excava- 
tions and  sewer  connections,  and  may  place  all  needful  and  convenient 
endless  cables  and  machinery  therein  upon  said  street,  upon  which  its 
railways  shall  be  constructed  hereunder:  Provided,  that  said  cables 

and  machinery  shall  be  underground,  and  shall  not  interfere  with 
public  travel,  and  shall  be  constructed  in  a substantial  and  workman- 
like manner:  Provided,  also,  that  if  in  the  construction  of  said 
trenches  and  excavations,  any  damage  or  injury  shall  result  to  any 
of  the  sewers,  water  pipes  or  private  drains,  then  said  company  shall 
pay  and  be  held  liable  therefor. 

3.  Position  of  tracks.]  § 3.  Said  railway  tracks  provided 
for  in  this  ordinance  shall  occupy  the  center  sixteen  (16)  feet  of  the 
street  above  named. 

•f[  4.  Passenger  service.]  § 4.  The  cars  to  be  operated  upon 
said  tracks  shall  be  used  only  for  the  transfer  of  passengers  and  their 
ordinary  baggage,  and  the  cars  and  carriages  used  for  that  purpose 
shall  be  of  the  best  style  and  class  in  use  upon  street  railways.  The 
tracks  of  said  railway  shall  not  be  elevated  above  the  surface  of  the 
street,  and  shall  conform  to  the  grades  thereof,  which  shall  have  been 


477] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1121 


established  by  the  village  of  Hyde  Park  at  the  time  of  laying  said 
tracks,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can 
readily  and  freely  cross  said  tracks  at  any  point  in  any  and  all  direc- 
tions without  unnecessary  obstruction. 

% 5.  Paving  and  repair  of  streets.!  § 5.  Said  Chicago  City 
Railway  Company,  its  successors  and  assigns,  shall  improve  and  keep 
in  repair  the  sixteen  (16)  feet  in  width  of  said  street  occupied  by  it, 
during  the  whole  time  that  said  street  shall  be  occupied  by  said  tracks, 
using  stone  in  so  doing. 

H 6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde  Park, 
for  Uself  and  citizens,  reserves  the  right  to  put  in  sewerage,  gas,  water 
or  other  improvements,  which  it  may  deem  proper,  at  any  place  in 
said  street,  using  reasonable  care  and  diligence,  without  any  liability 
for  damages  to  said  Chicago  City  Railway  Company,  its  successors 
and  assigns,  for  so  doing.  The  said  company  shall  not  be  liable  to  any 
forfeiture,  or  for  any  damages  for  any  neglect  to  operate  said  rail- 
way, when  prevented  from  so  doing  by  the  work  in  this  section  pro- 
vided for. 

If  7.  Completion  of  tracks.]  § 7.  The  said  railway  company, 
its  successors  and  assigns,  shall  complete  the  railway  hereby  author- 
ized within  twelve  (12)  months  after  the  passage  and  approval  of  this 
ordinance.  Provided,  however,  that  if  said  company  shall  be  delayed 
by  ordinance  or  resolution  of  the  village  of  Hyde  Park,  or  by  any 
injunction,  or  order  or  decree  of  any  court  of  competent  jurisdiction, 
then  the  period  of  any  and  all  such  delays  shall  be  added  to  said  twelve 
(12)  months 

f 8.  Rate  of  fare — running  time.]  § 8.  The  rate  of  fare  on  said 
railway  tracks  hereby  authorized  shall  not  (except  where  cars  are 
chartered  for  a specified  time  and  purpose)  exceed  five  (5)  cents  for 
one  trip  or  part  of  trip  either  way.  Said  company  shall  also  transfer 
passengers  without  additional  fare  to  the  north  and  south  lines  of 
said  company,  which  may  be  crossed  by  the  tracks  herein  authorized 
(and  the  extension  thereof  in  the  town  of  Lake)  good  as  far  north  as 
Thirty-ninth  street.  Said  company  shall  operate  cars  at  intervals  of 
not  more  than  one  hour  from  6:30  a.  m.  to  6:30  p.  m.  Cars  will 
stop  to  take  on  and5  let  off  passengers  only  at  farther  crossing  of  street 
intersections. 

If  9.  Acceptance.]  § 9.  This  ordinance  shall  take  effect  and 
be  in  force  when,  and  as  soon  as  said  company  shall  file  with  the 
clerk  of  the  village  of  Hyde  Park  its  acceptance  in  writing  of  this 
ordinance,  and  if  said  company  shall  not  file  such  acceptance  with  said 
clerk  within  sixty  (60)  days  after  the  passage  and  approval  of  this 
ordinance,  then  this  ordinance  shall  become  and  be  void. 


71 


1122 


STREET  RAILWAYS. 


[§  § 478,  479 


§ 478.  Chicago  City  Railway  company. 

If  1.  Grant — Wallace  street. 

J 2.  Same  provisions  as  ordinance  of  June  13,  1887. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to 
operate  and  maintain  a street  railway  in  Wallace  street,  from  Twenty-sixth 
to  Thirty-first  street.  (Passed  October  24,  1887.  Accepted  November  28, 
1887.) 

If  1.  Grant — Wallace  street.]  Be  it  ordained  by  the  city  council 

of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  by  the  Chicago  City  Railway  Company 
to  comply  with  the  provisions  of  this  ordinance,  authority  and  consent 
is  hereby  granted  and  given  unto  the  said  Chicago  City  Railway  Com- 
pany, its  successors  and  assigns,  to  construct,  lay  down,  operate  and 
maintain  a double  track  street  railway  on  Wallace  street,  between 
26th  street  and  31st  street,  connecting  with  the  lines  of  railway  of 
said  company  on  said  streets. 

f 2.  Same  provisions  as  ordinance  of  June  13,  1887.]  § 2. 

The  right  herein  granted  shall  be  subject  to  the  same  restrictions  and 
privileges  as  are  contained  in  the  ordinance  granting  the  right  for 
street  railway  on  said  Wallace  street,  between  31st  and  39th  streets, 
passed  by  the  city  council  of  said  city  June  13th,  1887. 

§ 479.  Chicago  City  Railway  company. 

•{  1.  Grant — Sixty-ninth  street — improvement  of  streets. 

^1  2.  Paving  and  repair  of  streets. 

*f  3.  Gauge — indemnity  clause, 
y 4.  Passenger  service — animal  or  cable  power. 

\ 5.  Running  time.  * 

1 6.  Time  of  completion. 

] 7.  Rate  of  fare — transfers. 

If  8.  Conductors. 

9.  Repair  work. 

^ 10.  Reservation  of  rights. 

*jf  11.  Acceptance. 

An  ordinance  authorizing  the  ‘Chicago  City  Railway  company  to  construct  a 
street  railway  on  Sixty-ninth  street.  (Passed  November  20,  1888.  Accepted 
November  27,  1888.) 

1 1.  Grant — 69th  street — improvement  of  streets.]  Be  it 

ordained  by  the  president  and  board  of  trustees  of  the  town  of  Lake 
as  follows:  § 1.  That  permission  be,  and  is  hereby  granted  to  the 

Chicago  City  Railway  Company  of  Chicago,  its  successors  and  as- 
signs, to  lay  down,  maintain  and  operate  a double  track  street  rail- 
way with  all  necessary  and  convenient  switches  and  with  such  side- 
tracks as  the  president  and  board  of  trustees  of  said  town  may  here- 
after, from  time  to  time,  grant  permission  to  lay  on  Sixty-ninth  street 
from  Halsted  'street  to  Ashland  avenue;  Provided,  said  company  shall 
improve  and  keep  in  repair  sixteen  feet  in  width  of  the  street  where 
said  tracks  are  laid  using  for  that  purpose  crushed  stone  until  such 
time  as  said  portion  of  69th  street  shall  be  macadamized  or  otherwise 


§ 479] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1123 


improved  then  using  for  the  purpose  of  improving  and  keeping  in  re- 
pair said  sixteen  feet  granite  block  pavements  or  Ottawa  paving 
blocks. 

1 2.  Paving  and  repair  of  streets.]  § 2.  The  said  company 
shall  at  all  times  keep  the  said  tracks  in  such  condition  that  they  shall 
not  at  any  time  be  elevated  above  the  surface  of  the  street  on  which 
they  are  laid  so  that  vehicles  can  freely  and  easily  cross  said  tracks 
at  all  points  and  in  all  directions  without  unnecessary  obstruction ; and 
as  soon  as  said  portion  of  69th  street  shall  be  macadamized  or  other- 
wise improved  the  said  railway  company  shall  keep  its  right  of  way 
herein  granted  sprinkled  as  it  may  be  directed  by  the  superintendent 
of  the  department  of  public  works  of  said  town. 

If  3.  Gauge — indemnity  clause.]  § 3.  That  the  gauge  of  said 
tracks  shall  be  four  (4)  feet  eight  and  one-half  (Sj4)  inches  and  that 
said  company  shall  be  liable  for  all  the  legal  and  consequential  damages 
sustained  by  any  person  by  reason  of  the  carelessness  or  misconduct 
of  any  of  the  agents  or  servants  of  said  company  in  the  course  of  their 
employments  in  the  construction  or  use  of  the  said  railway  and  shali 
protect  and  hold  harmless  the  said  town  from  all  costs,  liability,  or 
damage  arising  from,  growing  out  of,  or  resulting  from  the  granting 
of  this  ordinance. 

•f  4.  Passenger  service— animal  or  cable  power.]  § 4.  The 

tracks  shall  be  used  for  no  other  purpose  than  to  transport  passengers 
and  their  ordinary  baggage,  and  the  cars  used  shall  be  of  the  improved 
class  in  use  upon  such  railways,  and  the  cars  used  upon  said  tracks 
shall  be  operated  by  animal  or  cable  power  only,  and  no  car  or  cars 
operated  by  any  other  power  than  animal  or  cable  power  shall  be  per- 
mitted! to  run  over  said  tracks,  The  Chicago  City  Railway  Company, 
its  successors  or  assigns,  may  at  any  time,  operate  said  lines  of  rail- 
way by  endless  cables  operated  by  stationary  engine  or  engines  not 
located  upon  the  street  or  public  places  of  the  town  and  propelled  by 
other  than  animal  or  cable  power  and  for  said  purpose  may  make  all 
needful  and  convenient  trenches,  excavations  and  sewer  connections, 
and  may  place  all  needful  and  convenient  endless  cables  and  machin- 
ery therein,  provided  said  machinery  and  cable  shall  be  underground 
and  not  interfere  with  public  travel  and  shall  be  constructed  in  a sub- 
stantial and  workmanlike  manner. 

IT  5.  Running  time.]  § 5.  The  said  company  shall  cause  cars 
or  carriages  to  be  run  for  the  accommodation  of  the  public  over  said 
tracks  at  least  once  in  every  thirty  minutes  between  the  hours  of  six 
o’clock  a.  m.  and  seven  o’clock  p.  m.  of  each  day  and  at  least  once  in 
sixty  minutes  between  the  hours  of  seven  o’clock  p.  m.  and  midnight 
of  each  day. 

IT  6.  Time  of  completion.]  § 6.  The  said  company  shall 
construct  all  the  tracks  herein  provided  within  one  year  from  the  pas- 


1124 


STREET  RAILWAYS. 


[§  480 


sage  hereof;  unless  the  construction  of  said  tracks  shall  be  delayed  by 
order  or  injunction  of  some  court  of  competent  jurisdiction,  in  which 
case  the  time  lost  by  such  delay  shall  be  added  to  the  time  herein 
specified  within  which  said  tracks  shall  be  constructed. 

% 7.  Rate  of  fare — transfers.]  § 7-  The  rate  of  fare  on  said 
line  for  one  continuous  trip  shall  be  five  cents,  and  any  person  hav.ng 
paid  fare  on  said  line  shall  be  entitled  to  transportation  to  State  and 
39th  streets,  or  to  Root  and  Halsted  streets,  or  vice  versa,  without  ad- 
ditional fare;  but  nothing  herein  contained  shall  require  said  company 
to  operate  its  cars  across  the  steam  railroad  tracks  lying  south  of  63rd 
street  on  State  street. 

1"  8.  Conductors.]  § 8.  That  no  car  shall  be  permitted  to  run 
on  said  line  without  a conductor,  excepting  grip  cars. 

1 9.  Repair  work.]  § 9.  All  work  and  repairs  done  by 
said  company  under  or  by  virtue  of  the  authority  herein  contained  shall 
be  done  to  the  satisfaction  of  the  superintendent  of  public  works  of 
said  town. 

% 10.  Reservation  of  rights.]  § 10.  The  town  of  Lake,  for 

itself  and  citizens  reserves  the  right  to  put  in  sewerage,  gas,  water  or 
other  improvements  which  it  may  deem  proper  at  any  place  in  said 
street  using  reasonable  care  and  diligence  without  any  liability  for 
damages  to  said  Chicago  City  Railway  Company,  its  successors  and  as- 
signs, for  so  doing,  provided  that  said  company  shall  not  be  liable 
to  any  forfeiture  or  for  any  damages  for  any  neglect  to  operate  said 
railways  when  prevented  from  so  doing  by  the  work  in  this  section 
provided  for. 

T 11.  Acceptance.]  | 11.  This  ordinance  shall  not  be  in  force 
until  its  written  acceptance  by  said  company  has  been  filed  in  the  office 
of  the  clerk  of  the  town  of  Lake;  and  unless  such  acceptance  shall  be 
filed  in  said  clerk’s  office  within  sixty  days  after  the  passage  hereof, 
this  ordinance  and  the  rights  and  privileges  herein  granted  shall  be  null 
and  void;  and  any  failure  on  the  part  of  said  company  to  fulfill  and 
observe  each  and  every  of  the  terms  and  conditions  of  this  .ordinance 
shall  work  a forfeiture  hereof  and  of  the  rights  and  privileges  herein 
granted. 

§ 480.  Chicago  City  Railway  company. 

1.  Grant — paving  and  repair  of  streets— comnensation  to  prop- 

erty owners. 

2.  Tracks,  position  of. 

3.  Tracks,  how  constructed. 

4.  Gauge — indemnity  clause. 

*||  5.  Passenger  service — horse  or  cable. 

6.  Running  time. 

*1]  7.  Time  of  completion. 

8.  Rate  of  fare — transfers. 

*j|  9.  Conductors. 

10.  Reservation  of  rights. 


§ 4^0] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1125 


ii.  Sprinkle  tracks. 

T]  12.  Acceptance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Wentworth  avenue.  (Passed  December  4,  1888.)  4. 

1 1.  Grant — paving  and  repair  of  streets— compensation 
to  property  owners.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  town  of  Lake  as  follows : 

§ 1.  That  permission  and  authority  be  and  the  same 

are  hereby  granted  to  the  Chicago  City  Railway  Company, 
of  Chicago,  its  successors  and  assigns,  to  lay  down,  maintain  and 
operate  a double  track  street  railway  with  all  necessary  and  convenient 
switches  and  with  such  side  tracks  as  the  president  and  board  of  trus- 
tees of  said  town  may  hereafter,  from  time  to  time,  grant  permission 
to  lay  on  Wentworth  avenue  in  the  town  of  Lake,  county  of  Cook, 
and  state  of  Illinois,  from  the  center  line  of  63rd  street  to  the  intersec- 
tion of  said  Wentworth  avenue  with  Vincennes  avenue  and  on  Vin- 
cennes avenue  from  said  intersection  teethe  north  line  of  81st  street; 
Provided,  said  tracks,  sidetracks  and  switches  shall  be  laid  under  and 
subject  to  the  direction  and  supervision  of  the  superintendent  of  the  de- 
partment of  public  works  of  said  town;  and  provided  further,  said  com- 
pany shall  improve  and  keep  in  repair  sixteen  (16)  feet  in  width  of  the 
street  or  streets  where  said  tracks  are  laid,  using  for  that  purpose  gran- 
ite block  pavement,  or  Ottawa  paving  blocks,  to  the  satisfaction  of  the 
superintendent  of  the  department  of  public  works  of  said  town,  that 
portion  of  the  right  of  way  herein  granted  which  lies  between  63rd 
street  and  73rd  street  shall  be  paved  at  the  time  the  tracks  are  laid, 
and  that  portion  of  the  right  of  way  herein  granted  which  lies  between 
73rd  and  81  st  streets  shall  be  paved  as  soon  as  Vincennes  avenue  is 
improved,  the  last  mentioned  portion  of  said  right  of  way  to  be  im- 
proved with  crushed  stone,  immediately  upon  the  laying  of  said  tracks 
and  as  the  work  progresses  under  the  direction  and  supervision  and 
to  the  satisfaction  of  the  superintendent  of  the  department  of  public 
works  of  said  town,  until  said  Vincennes  avenue  is  improved  as  afore- 
said; and  provided  further,  said  Chicago  City  Railway  Company  shall 
first,  and  before  the  commencement  of  any  work  under  this  ordinance, 
pay  into  the  treasury  of  said  town  for  the  benefit  of  the  property  own- 
ers, the  sum  of  one  dollar  per  foot  for  each  and  every  foot  of  ground 
on  each  side  of  the  street,  fronting,  siding  or  abutting  on  said  Went- 
worth avenue  between  the  south  line  of  63rd  street  and  the  north  line 
of  73rd  street,  except  street  crossings  or  intersections. 

T 2.  Tracks,  position  of.]  § 2.  The  tracks  shall  be  so  con- 
structed that  the  center  line  between  the  two  tracks  shall  be  the  center 
of  the  street  upon  which  the  same  are  laid,  and  the  rails  used  shall  be 
rails  similar  to  those  now  used  by  said  Chicago  City  Railway  Com- 
pany in  said  town. 

3.  Tracks,  how  constructed.]  § 3.  The  said  company  shall 


1126 


STREET  RAILWAYS. 


[§  480 


at  all  times  keep  the  tracks  in  such  condition  that  they  s'hall  not  at  any 
time  be  elevated  above  the  surface  of  the  street  on  which  they  are  laid, 
so  that  vehicles  can  freely  and  easily  cross  said  tracks  at  all  points  and 
in  all  directions  without  unnecessary  obstruction. 

1"  4.  Gauge— indemnity  clause.]  § 4.  The  gauge  of  said 
tracks  shall  be  four  feet  (4  ft.)  eight  and  one-half  (8^2)  inches 
and  said  company  shall  be  liable  for  all  the  legal  or  consequental  dam- 
ages sustained  by  any  person  or  persons  by  reason  of  the  carelessness 
or  misconduct  of  any  of  the  officers,  agents,  employes,  or  servants  of 
said  company  in  the  course  of  their  employment  in  the  construction 
or  use  of  the  said  railway,  and  shall  protect  said  town  from  all  damages 
or  claims  for  damages  arising  from,  growing  out  of,  or  resulting  from 
the  granting  of  this  ordinance,  and  the  said  company  shall  have  no 
claims  against  said  town  for  damages  on  account  of  any  matter  or 
thing  connected  with  or  growing  out  of  the  granting  of  this  ordinance. 

1 5.  Passenger  service— horse  or  cable.]  § 5.  The  said 
tracks  shall  be  used  for  no  other  purpose  than  to  transport  passengers 
and  their  ordinary  baggage,  and  the  cars  used  shall  be  of  an  improved 
class  in  use  on  said  company’s  railway  and  the  cars  used  upon  said 
tracks  shall  be  operated  by  animal  or  cable  power  only,  and  no  cars 
operated  by  any  other  power  than  animal  or  cable  power  shall  be  per- 
mitted to  run  over  any  of  said  tracks.  The  Chicago  City  Railway 
Company,  its  successors  and  assigns,  may  at  any  time  operate  the 
aforesaid  line  of  railway  in  said  town  of  Lake  by  endless  cables  oper- 
ated by  stationary  engine  or  engines  not  located  upon  the  streets  or 
public  places  of  the  town,  and  for  said  purpose  may  make  all  needful 
and  convenient  trenches,  excavations  and  sewer  connections,  and  may 
place  therein  all  needful  and  convenient  endless  cables  and  machinery ; 
Provided,  said  cables  and  machinery  shall  be  underground  and  shall 
not  interfere  with  public  travel,  and  shall  be  constructed  in  a substan- 
tial and  workmanlike  manner  under  the  direction  and  supervision  of 
the  superintendent  of  the  department  of  public  works  of  said  town,  and 
to  his  satisfaction. 

1 6.  Running  time.l  § 6.  The  said  company  shall  cause  cars 
to  be  run  for  the  accommodation  of  the  public  over  all  of  said  tracks 
at  least  once  every  fifteen  minutes  between  the  hours  of  six  o’clock 
a.  m.  and  seven  o’clock  p.  m.  of  each  day,  and  at  least  once  in  every 
thirty  minutes  between  the  hours  of  seven  o’clock  p.  m.  and  midnight 
of  each  day. 

IT  7.  Time  of  completion.]  § 7.  The  said  company  shall  con- 
struct all  the  tracks  herein  provided  for,  and  have  the  same  in  opera- 
tion as  herein  provided,  within  one  year  from  the  passage  hereof, 
unless  the  construction  of  any  of  said  tracks  shall  be  delayed  by  order 
or  injunction  of  some  court  of  competent  jurisdiction,  in  which  case 
the  time  lost  by  such  delay  shall  be  added  to  the  time  herein  specified 
within  which  said  tracks  shall  be  constructed.  And  it  is  hereby 


§ 48o] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1127 


further  provided,  that  the  work  of  laying  and  constructing  the  tracks 
herein  provided  for  in  any  given  block  shall  be  completed  within 
sixty  (60)  days  from  the  commencement  of  the  laying  and  construct- 
ing of  said  tracks  in  said  block. 

% 8.  Rate  of  fare— transfers.]  § 8.  The  rate  of  fare  on  said  line 
for  one  continuous  trip  shall  not  be  more  than  five  cents,  and  any 
person  having  paid  fare  on  the  line  herein  named  shall  be  entitled 
to  transportation  without  additional  fare  or  compensation  on  any  line 
or  lines  of  railway  in  the  town  of  Lake,  village  of  Hyde  Park  or  city 
of  Chicago,  owned,  operated  or  controlled  by  said  Chicago  City  Rail- 
way Company,  for  a distance  equal  to  the  distance  that  passengers 
are  transported  or  carried  on  any  other  line  or  lines  of  railway  owned, 
operated  or  controlled  by  said  Chicago  City  Railway  Company  and 
in  any  event,  to  any  point  in  said  town  of  Lake  on  any  line  of  railway 
which  now  is  or  may  hereafter  be  owned,  controlled  or  operated  by 
said  Chicago  City  Railway  Company. 

T 9.  Conductors.]  § 9.  No  car,  excepting  grip  cars,  shall  be 
permitted  to  run  on  any  of  the  said  lines  at  any  time  without  a con- 
ductor. 

1 10.  Reservation  of  rights.]  § 10.  The  town  of  Lake,  for 
itself  and  citizens,  reserves  the  right  to  put  in  a viaduct  or  viaducts, 
sewerage,  gas,  water  or  other  improvements,  which  it  may  deem 
proper  or  advisable,  at  any  place  in  said  streets,  using  reasonable  care 
and  diligence,  without  any  liability  for  damages  to  said  Chicago  City 
Railway  Company,  its  successors  and  assigns,  for  so  doing:  Pro- 

vided, that  the  said  company  shall  not  be  liable  to  any  forfeiture  or  for 
any  damages  for  any  neglect  to  operate  said  railway  when  prevented 
from  so  doing  by  the  work  in  this  section  provided  for.  And  provided, 
further,  that  in  case  the  president  and  board  of  trustees  of  said  town 
shall,  at  any  time  hereafter,  consider  it  necessary  to  construct  a viaduct 
or  viaducts  along  the  line  of  the  right  of  way  herein  granted,  then  and 
in  that  event  the  said  Chicago  City  Railway  Company  shall  and  will 
pay  one-third  of  the  cost  and  expense  of  the  approaches  thereto. 

1 11.  Sprinkle  tracks.]  § 11.  The  said  company  shall  keep 
its  right  of  way  sprinkled  as  it  may  be  directed  by  the  superintendent 
of  the  department  of  public  works  of  said  town. 

IT  12.  Acceptance.]  § 12.  This  ordinance  shall  not  be  in  force 
until  its  written  acceptance  by  said  company  has  been  filed  in  the 
office  of  the  clerk  of  the  town  of  Lake;  and  unless  such  acceptance 
shall  be  filed  in  said  clerk’s  office  within  sixty  days  after  the  passage 
hereof,  this  ordinance,  and  the  rights  and  privileges  herein  granted, 
shall  be  null  and  void;  and  any  failure  on  the  part  of  said  company  to 
fulfill  and  observe  each  and  every  of  the  terms  and  conditions  of  this 
ordinance  shall  work  a forfeiture  hereof  and  of  the  rights  and  privileges 
herein  granted. 


1128 


STREET  RAILWAYS. 


[§  § 48l,  482 


§ 481.  Chicago  City  Railway  company. 

T[  1.  Grant,  Twenty- first  street 

2.  Position  of  tracks — use  of  tracks. 

3.  Animal  power. 

4.  Term  of  grant. 

5.  Subject  to  ordinances. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 
tracks  on  Twenty-first  street.  (Passed  February  25,  1889.  Accepted  May 
4,  1889.) 

1"  1.  Grant — Twenty-first  street.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  ac- 

ceptance hereof  and  the  undertaking  by  the  Chicago  City  Railway 
Company  to  comply  with  the  provisions  of  this  ordinance,  and  the  gen- 
eral ordinances  of  the  city,  authority  and  consent  is  hereby  given  unto 
the  said  Chicago  City  Railway  Company,  its  successors  and  assigns, 
to  construct,  lay  down,  operate  and  maintain  a single  track  street  rail- 
way, with  the  necessary  side  track  and  switches,  in  the  manner  and 
upon  and  along  the  streets  hereinafter  named:  On  Twenty-first  street, 
from  the  center  of  State  street,  or  sufficiently  near  the  center  thereof, 
to  connect  with  the  tracks  of  said  company  on  said  street  to  Dearborn 
street,  thence  north  on  Dearborn  street  to  Twentieth  street,  with 
necessary  turn  off  on  said  street  to  the  barn  of  said  company. 

1"  2.  Position  of  tracks— use  of  tracks.]  § 2.  The  permission 
herein  granted  is  upon  the  express  condition  that  the  single  track  here- 
in authorized  shall  be  located  and  laid  on  that  side  of  the  street  ad- 
jacent to  the  property  of  said  company,  and  upon  the  further  condi- 
tion that  the  cars  of  said  company  shall  not  be  permitted  to  stand  on 
said  track,  and  that  said  track  shall  only  be  used  for  transferring  cars 
into  the  shop  or  barn  of  said  company. 

T 3.  Animal  power.]  § 3.  The  cars  of  said  railway  upon  said 
track  shall  only  be  operated  by  animal  power. 

IT  4.  Term  of  grant.]  § 4.  The  permission  herein  given  shall 
extend  for  the  term  of  twenty  (20)  years  from  the  thirtieth  day  of  July, 
A.  D.  1883. 

IT  5.  Subject  to  ordinances.]  § 5.  The  privileges  hereby 
granted  are  subject  to  all  the  general  ordinances  of  the  city  of  Chicago 
now  in  force  or  hereafter  to  be  passed  in  reference  to  horse  railways, 
and  to  all  ordinances  affecting  the  line  of  railways  of  which  the  line 
hereby  authorized  is  a part. 

§ 482.  Chicago  City  Railway  company. 

1.  Grant,  Cottage  Grove  avenue — term. 

Tf  2.  Cable  power — same  requirements  as  ordinance  of  November 
8,  1886. 

An  ordinance  concerning  cable  railway  on  Cottage  Grove  avenue,  from  Sixty- 
seventh  street  to  the  right  of  way  of  the  Lake  Shore  & Michigan  Southern 
Railroad  company.  (Passed  June  5,  1889.) 


483,  484] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1129 


*[  1.  Grant— Cottage  Grove  avenue — term.]  It  is  hereby  or- 
dained by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park,  111.,  as  follows:  § 1.  That  consent  be  and  it  is  hereby  granted 

to  the  Chicago  City  Railway  Company,  its  successors  and  assigns,  to 
lay  down,  maintain  and  operate  for  the  period  of  twenty  (20)  years 
from  passage  of  this  ordinance,  a double  track  cable  street  railway  in, 
over  and  along  Cottage  Grove  avenue  in  the  village  of  Hyde  Park  from 
67th  street  to  the  right  of  way  of  the  Lake  Shore  and  Michigan  South- 
ern Railroad  Company. 

1 2.  Cable  power— same  requirements  as  ordinance  of  Nov.  8, 
1886.]  § 2.  The  tracks  herein  authorized  shall  be  constructed  with- 

in two  (2)  years  from  the  date  of  passage  hereof,  and  the  construction 
and  operation  of  said  tracks  shall  be  subject  to  the  same  requirements 
and  privileges  as  the  cable  railway  of  said  company  now  in  operation 
on  Cottage  Grove  avenue  are  constructed  under  ordinance  of  the  vil- 
lage of  Hyde  Park,  passed  on  the  8th  da^of  Nov.,  1886. 

§ 483.  Chicago  City  Railway  company. 

*[[  1.  Grant — extension  of  track  on  Sixty-ninth  street. 

2.  Time  of  completion. 

f 3.  Indemnity  clause. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Sixty-ninth  street,  from  Ashland  avenue  to  Leavitt  street. 

(Passed  June  18,  1889.) 

T 1.  Grant— extension  of  track  on  69th  street.]  Be  it  or- 
dained by  the  president  and  board  of  trustees  of  the  town  of  Lake,  as 
follows:  § 1.  That  permission  be  and  it  is  hereby  granted  to  the 

Chicago  City  Railway  Company  of  Chicago,  its  successors  and  as- 
signs, to  extend  the  double  track  now  owned  by  said  company  on  69th 
street  from  its  present  terminus  westwardly  along  69th  street  to 
Leavitt  street,  provided  said  company  shall  improve  and  keep  in  re- 
pair sixteen  (16)  feet  in  width  of  the  street  where  said  tracks  are  laid, 
using  for  that  purpose  stone,  and  to  the  satisfaction  of  the  said  board 
of  trustees. 

IT  2.  Time  of  completion.]  § 2.  Tracks  herein  authorized 
shall  be  constructed  within  two  (2)  years  from  the  passage  of  this  ordi- 
nance. 

IT  3.  Indemnity  clause.]  § 3.  Said  Chicago  City  Railway 
Company  shall  protect  and  hold  harmless  the  said  town  of  Lake  from 
all  cost,  liability  or  damage  arising  from  or  growing  out  of,  or  result- 
ing from  the  granting  of  this  ordinance. 

§ 484.  Chicago  City  Railway  company. 

Tf  1.  Grant,  Wentworth  avenue — improvement  and  repair  of  street. 

][  2.  Position  of  tracks. 

1 3.  Construction  of  tracks. 

4.  Gauge — indemnity  clause. 


1130 


STREET  RAILWAYS. 


5.  Passenger  service — animal  or  cable  power.. 

]f  6.  Running  time. 

7.  Time  of  completion. 

8.  Rate  of  fare — transfer. 

\ 9.  Conductors. 

T]  10.  Reservation  of  rights. 

T1  11.  Sprinkle  tracks. 

12.  Acceptance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 
street  railway  on  Wentworth  avenue,  from  Sixty-third  street  to  the  intersec- 
tion of  said  Wentworth  avenue  with  Vincennes  avenue,  and  on  Vincennes 
avenue  to  the  north  line  of  Eighty-first  street.  (Adopted  January  29,  1889. 
Accepted  June  25,  1889.) 

T 1.  Grant — Wentworth  avenue — improvement  and  repair  of 
street.]  Be  it  ordained  by  the  president  and  board  of  trustees  of  the 
town  of  Lake,  as  follows:  § 1.  That  permission  and  authority  be 

and  the  same  are  hereby  granted  to  the  Chicago  City  Railway  Com- 
pany of  Chicago,  its  successors  and  assigns,  to  lay  down,  maintain  and 
operate  a double  track  street  railway  with  all  necessary  and  convenient 
switches  and  with  such  side  tracks  as  the  president  and  board  of  trus- 
tees of  said  town  may  hereafter  from  time  to  time  grant  permission  to 
lay  on  Wentworth  avenue,  in  the  town  of  Lake,  county  of  Cook,  and 
state  of  Illinois,  from  the  center  line  of  63d  street  to  the  intersection 
of  said  Wentworth  avenue  with  Vincennes  avenue,  and  on  Vincennes 
avenue  from  said  intersection  to  the  north  line  of  81  st  street,  provided 
said  tracks,  side  tracks,  and  switches  shall  be  laid  under  and  subject  to 
the  direction  and  supervision  of  the  superintendent  of  the  department 
of  public  works  of  said  town;  and  provided  further,  said  company  shall 
improve  and  keep  in  repair  sixteen  (16)  feet  in  width  of  the  street  or 
streets  where  said  tracks  are  laid,  using  for  that  purpose  granite  block 
pavement  or  Ottawa  paving  blocks  to  the  satisfaction  of  superinten- 
dent of  the  department  of  public  works  of  said  town  that  portion  of  the 
right  of  way  herein  granted  which  lies  between  63d  street  and  73d 
street,  shall  be  paved  at  the  time  the  tracks  are  laid  and  that  portion 
of  the  right  of  way  herein  granted  which  lies  between  73d  street  and 
8 1st  street,  shall  be  paved  as  soon  as  Vincennes  avenue  is  improved, 
the  last  mentioned  portion  of  said  right  of  way  to  be  improved  with 
crushed  stone  immediately  upon  the  laying  of  said  tracks,  and  as  the 
work  progresses  under  the  direction  and  supervision  and  to  the  satis- 
faction of  the  superintendent  of  the  department  of  public  works  of 
said  town  until  said  Vincennes  avenue  is  improved  as  aforesaid,  and 
provided  further,  said  Chicago  City  Railway  Company,  shall  within 
sixty  (60)  days  after  said  tracks  are  laid  down  and  operated,  pay  into 
the  treasury  of  said  town  for  the  benefit  of  the  property  owners,  the 
sum  of  one  dollar  per  foot,  for  each  and  every  foot  of  ground,  on  each 
side  of  the  street,  fronting,  siding  or  abutting  on  said  Wentworth  ave- 
nue, between  the  south  line  of  63d  street  and  the  north  line  of  73d 
street,  except  street  crossings  or  intersections. 


§ 484] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1131 


2.  Position  of  tracks.]  § 2.  The  tracks  shall  be  so  con- 
structed that  the  center  line  between  the  two  tracks  shall  be  the  cen- 
ter of  the  street  upon  which  the  same  are  laid  and  the  rails  used  shall 
be  rails  similar  to  those  now  used  by  said  Chicago  City  Railway  Com- 
pany in  said  town. 

1 3.  Construction  of  tracks.]  § 3.  The  said  company  shall 
at  all  times  keep  the  said  tracks  in  such  condition  that  they  shall  not 
at  any  time  be  elevated  above  the  surface  of  the  street  on  which  they 
are  laid,  so  that  vehicles  can  freely  and  easily  cross  said  tracks  at  all 
points  and  in  all  directions  without  unnecessary  obstruction. 

T 4.  Gauge — indemnity  clause.]  § 4.  The  gauge  of  said 
tracks  shall  be  four  feet  (4  ft.)  eight  and  one-half  inches  (Sl/2)  and  said 
company  shall  be  liable  for  all  the  legal  or  consequental  damages  sus- 
tained by  any  person  or  persons  by  reason  of  the  carelessness  or  mis- 
conduct of  any  of  the  officers,  agents,  employes,  or  servants  of  said 
company  111  the  course  of  their  employment  in  the  construction  or  use 
of  the  said  railway,  and  shall  protect  said  town  from  all  damages  or 
claims  for  damages  arising  from,  growing  out  of,  or  resulting  from 
the  granting  of  this  ordinance,  and  the  said  company  shall  have  no 
claim  against  said  town  for  damages  on  account  of  any  matter  or 
thing  connected  with,  or  growing  out  of  the  granting  of  this  ordi- 
nance. 

% 5.  Passenger  service— animal  or  cable  power.]  § 5.  The 

said  tracks  shall  be  used  for  no  other  purpose  than  to  transport  pas- 
sengers and  their  ordinary  baggage,  and  the  cars  used  shall  be  of  an 
improved  class  in  use  on  said  company’s  railway,  and  the  cars  used 
upon  said  tracks  shall  be  operated  by  animal  or  cable  power  only,  ana 
no  cars  operated  by  any  other  power  than  animal  or  cable  power  shad 
be  permitted  to  run  over  any  of  said  tracks.  The  Chicago  City  Rail- 
way Company,  its  successors  and  assigns,  may  at  any  time  operate  the 
aforesaid  line  of  railway  in  said  town  of  Lake  by  endless  cable  oper- 
ated by  stationary  engine  or  engines  not  located  upon  the  streets  or 
public  places  of  the  town,  and  for  said  purpose  may  make  all  needful 
and  convenient  trenches,  excavations  and  sewer  connections,  and  may 
place  therein  all  needful  and  convenient  endless  cables  and  machinery, 
provided  said  cables  and  machinery  shall  be  underground  and  shall 
not  interfere  with  public  travel  and  shall  be  constructed  in  a substantial 
and  workmanlike  manner  under  the  direction  and  supervision  of  the 
superintendent  of  the  department  of  public  works  of  said  town  and  to 
his  satisfaction. 

T 6.  Running  time.]  § 6.  The  said  company  shall  cause  cars 
to  be  run  for  the  accommodation  of  the  public  over  all  of  said  tracks 
at  least  once  every  fifteen  minutes,  between  the  hours  of  6 o’clock  a.  m. 
and  7 o’clock  p.  m.  of  each  day,  and  at  least  once  in  every  thirty  min- 
utes between  the  hours  of  7 o’clock  p.  m.  and  midnight  of  each  day. 


1132 


STREET  RAILWAYS. 


[§  485 


If  7.  Time  of  completion.]  § 7.  The  said  company  shall  con- 
struct all  the  tracks  herein  provided  for  and  have  the  same  in 
operation  as  herein  provided,  within  one  year  from  the  pas- 
sage hereof,  unless  the  construction  of  ahy  of  said  tracks  shall  be  de- 
layed by  order  of  injunction  of  some  court  of  competent  jurisdiction, 
in  which  case  the  time  lost  by  such  delay  shall  be  added  to  the  time 
herein  specified  within  which  said  tracks  shall  be  constructed;  and  it 
is  hereby  further  provided  that  the  work  of  laying  and  constructing  the 
tracks  herein  provided  for  in  any  given  block  shall  be  completed  with- 
in sixty  (60)  days  from  the  commencement  of  the  laying  and  construct- 
ing of  said  tracks  in  said  block. 

1"  8.  Rate  of  fare — transfer.]  § 8.  The  rate  of  fare  on  said  line 
for  one  continuous  trip  shall  not  be  more  than  five  cents,  and  any  per- 
son having  paid  fare  on  the  line  herein  named  shall  be  entitled  to  trans- 
portation without  additional  fare  or  compensation  to  Thirty-ninth 
(39th)  and  State  streets,  or  to  Root  and  Halsted  streets,  or  vice  versa. 

% 9.  Conductors.]  § 9.  No  car,  excepting  grip  cars,  shall  be 
permitted  to  run  on  any  of  the  said  lines  at  any  time  without  a con- 
ductor. 

1"  10.  Reservation  of  rights.]  § 10.  The  town  of  Lake  for 

itself  and  citizens  reserves  the  right  to  put  in  a viaduct  or  viaducts, 
sewerage,  gas,  water,  or  other  improvements  which  it  may  deem  proper 
or  advisable  at  any  place  in  said  streets,  using  reasonable  care  and 
diligence  without  any  liability  for  damages  to  said  Chicago  City  Rail- 
way Company,  its  successors  and  assigns,  for  so  doing:  Provided,  that 
the  said  company  shall  not  be  liable  to  any  forfeiture  or  for  any  dam- 
ages for  any  neglect  to  operate  said  railway  when  prevented  from  so 
doing  by  the  work  in  this  section  provided  for. 

IT  11*  Sprinkle  tracks.]  §11.  The  said  company  shall  keep 
its  right  of  way  sprinkled  as  it  may  be  directed  by  the  superintendent 
of  the  department  of  public  works  of  said  town. 

If  12.  Acceptance.]  § 12.  This  ordinance  shall  not  be  in  force 
until  its  written  acceptance  by  said  company  has  been  filed  in  the  office 
of  the  clerk  of  the  town  of  Lake,  and  unless  such  acceptance  shall  be 
filed  in  said  clerk’s  office  within  sixty  days  after  the  passage  hereof, 
this  ordinance  and  the  rights  and  privileges  herein  granted  shall  be 
null  and  void,  and  any  failure  on  the  part  of  said  company  to  fulfill  and 
observe  each  and  every  of  the  terms  and  conditions  of  this  ordinance 
shall  work  a forfeiture  hereof  and  of  the  rights  and  privileges  herein 
granted. 

§ 485.  Chicago  City  Railway  company. 

If  1.  Grant,  Cottage  Grove  avenue — term. 

•j[  2.  Time  of  completion. 

If  3.  Construction  of  tracks. 

Hf  4.  Rate  of  fare. 

If  5.  Animal  or  cable  power — acceptance. 


§ 4»5] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1133 


An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  con- 
struct a street  railway  on  Cottage  Grove  avenue  from  the  north  line  of  the 
right  of  way  of  the  Lake  Snore  & Michigan  Southern  Railroad  company  to 
Seventy-fifth  street.  (Passed  and  approved  July  i,  1889.) 

1 1.  Grant— Cottage  Grove  avenue— term.]  It  is  hereby  or- 
dained by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park,  111.,  as  follows:  § 1.  That  consent  be  and  it  is  hereby  granted 

to  the  Chicago  City  Railway  Company,  its  successors  and  assigns,  to 
lay  down,  maintain  and  operate  for  the  period  of  twenty  (20)  years 
from  passage  of  this  ordinance,  a double  track  street  railway  in,  over 
and  along  Cottage  Grove  avenue,  in  the  village  of  Hyde  Park,  from 
the  north  line  of  the  right  of  way  of  the  Lake  Shore  and  Michigan 
Southern  Railroad  Company  to  the  center  of  75th  street. 

Tf  2.  Time  of  completion.]  § 2.  The  tracks  herein  authorized 
shall  be  constructed  within  two  (2)  yearsMrom  the  passage  of  this 
ordinance,  and  the  said  railway  company  snail  be  required  to  improve 
and  keep  in  repair  sixteen  (16)  feet  of  said  street  to  be  occupied  by  its 
tracks,  using  stone  in  so  doing  and  to  the  satisfaction  of  the  board  of 
trustees  of  said  village. 

If  3.  Construction  of  tracks.]  § 3.  The  track  of  said  railway 
company  shall  not  be  elevated  above  the  surface  of  the  street,  and 
shall  be  laid  with  modern  improved  rails,  and  shall  be  so  laid  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  said  track  at  any 
point,  and  in  any  and  all  directions  without  unnecessary  obstruction. 

If  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  for  any  distance  on 
said  track  shall  not  exceed  five  (5)  cents,  and,  for  this  amount  pas- 
sengers shall  be  entitled  to  transportation  as  far  north  as  39th  street, 
or  as  far  east  as  Lake  avenue  and  55th  street. 

The  said  Chicago  City  Railway  Company  shall  protect  and  save 
harmless  the  said  village  of  Hyde  Park  from  any  damage  or  loss 
because  of  or  in  any  manner  growing  out  of  the  passage  of  this  ordi- 
nance; and  nothing  herein  contained  shall  prevent  the  village  of  Hyde 
Park  from  carrying  out  of  any  public  improvements  in  said  street,  the 
laying  of  water  pipes  or  sewers,  the  operation  of  the  cars  to  be  hin- 
dered thereby  as  little  as  possible. 

1 5.  Animal  or  cable  power— acceptance.]  § 5.  The  cars  on 
said  track  shall  be  operated  only  by  animal  power,  except  that  the 
Chicago  City  Railway  Company  shall  have  the  right  at  any  time  to 
adopt  its  so-called  cable  system  thereon;  the  same  to  be  constructed 
and  operated  the  same  as  other  portions  of  its  cable  system  in  said 
village  of  Hyde  Park. 

This  ordinance  shall  take  effect  and  be  in  force  from  and  after  its 
passage,  and  the  acceptance  in  writing  hereof  by  said  Chicago  City 
Railway  Company. 


1134 


STREET  RAILWAYS. 


[§  486 


§ 486.  Chicago  City  Railway  company. 

1.  Grant,  South  Chicago  avenue — term.  _ . 

2.  Time  of  completion. 

3.  Construction  of  tracks. 

4.  Rate  of  fare — indemnity  clause. 

5.  Animal  or  cable  system — acceptance 

An  ordinance  granting  permission  to  the  Chicago  City  railway  company  to  operate 

a street  railway  on  South  Chicago  avenue,  from  Cottage  Grove  avenue  to  the 

Illinois  Central  railroad.  (Passed  and  approved  July  1,  1889.  Accepted 

July  1,  1889.) 

If  1.  Grant— South  Chicago  avenue— term.]  It  is  hereby  or- 
dained by  the  president  and  board  of  trustees  of  the  village  of  Hyde 
Park,  Illinois,  as  follows:  § 1.  That  consent  be  and  it  is  hereby 

given  to  the  Chicago  City  Railway  Company,  its  successors  and  as- 
signs, to  lay  down,  maintain  and  operate  for  the  period  of  twenty  (20) 
years  from  passage  of  this  ordinance,  a double  track  street  railway,  in, 
over  and  along  South  Chicago  avenue  in  the  village  of  Hyde  Park, 
from  the  center  of  Cottage  Grove  avenue,  to  the  tracks  of  the  Illinois 
Central  Railroad  Company. 

T 2.  Time  of  completion.]  § 2.  The  tracks  herein  author- 
ized shall  be  constructed  within  two  (2)  years  from  the  passage  of 
this  ordinance.  And  the  Chicago  City  Railway  Company  shall  be  re- 
quired to  improve  and  keep  in  repair  sixteen  (16)  feet  of  said  street 
to  be  occupied  by  its  tracks,  using  stone  in  so  doing  and  to  the  satis- 
faction of  the  board  of  trustees. 

If  3.  Construction  of  tracks.]  § 3.  The  track  of  said  railway 
company  shall  not  be  elevated  above  the  surface  of  the  street,  and  shall 
be  laid  with  modern  improved  rails,  and  shall  be  so  laid  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  said  track  at  any  point, 
and  in  any  and  all  directions  without  unnecessary  obstruction. 

If  4.  Rate  of  fare— indemnity  clause.]  § 4.  The  rate  of  fare 
for  any  distance  on  said  track  shall  not  exceed  five  cents  (5  cts.)  and' 
for  this  amount  passengers  shall  be  entitled  to  transportation  as  far 
north  as  39th  street,  or  as  far  east  as  Lake  avenue  and  55th  street,  the 
said  Chicago  City  Railway  Company  shall  protect  and  save  harmless 
the  said  village  of  Hyde  Park  from  any  damage  or  loss  because  of  or  in 
any  manner  growing  out  of  the  passage  of  this  ordinance,  and  nothing 
herein  contained  shall  prevent  the  village  of  Hyde  Park  from  carrying 
out  of  any  public  improvement  in  said  street,  the  laying  of  water  pipes 
or  sewers,  the  operation  of  the  cars  to  be  hindered  thereby  as  little  as 
possible. 

T 5.  Animal  or  cable  system — acceptance.]  § 5.  The  cars  on 
said  track  shall  be  operated  only  by  animal  power,  except  that  the 
Chicago  City  Railway  Company  shall  have  the  right  at  any  time  to 
adopt  its  so-called  cable  system  thereon;  the  same  to  be  constructed 
and  operated  the  same  as  other  portions  of  its  cable  system  in  said  vil- 
lage of  Hyde  Park. 


§ 487,  488] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1135 


This  ordinance  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  the  acceptance  in  writing  hereof  by  said  Chicago  City 
Railway  Company. 

§ 487.  Chicago  City  Railway  company. 

][  1.  Grant,  Halsted  street — paving  and  repair, 
y 2.  Cable  system. 

\ 3.  Time  of  completion. 

4.  Indemnity  clause. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construe  t a 

street  railway  on  Halsted  street,  from  Sixty-ninth  street  to  Seventy-ninth 

street.  (Passed  July  1,  1889. ) 

1 1.  Grant— Halsted  street— paving  and  repair.]  Be  it  or- 
dained by  the  board  of  trustees  of  the  town  of  Lake:  § 1.  That 

permission  be  and  it  is  hereby  granted  to  the  Chicago  City  Railway 
Company,  its  successors  or  assigns,  to  lay  /clown,  maintain  and  oper- 
ate a double  track  street  railway  on  Halsted  street  from  69th  street  to 
79th  street,  with  all  necessary  and  convenient  cut-offs,  on  condition 
that  said  company  improve  and  keep  in  repair  sixteen  (16)  feet  of  said 
street  to  be  occupied  by  its  tracks  and  in  accordance  with  the  direc- 
tions of  the  town,  using  stone  in  so  doing  and  to  the  satisfaction  of 
the  trustees. 

1 2.  Cable  system.]  § 2.  Said  company  shall  have  the  right 
at  any  time  to  adopt  its  so-called  cable  system  on  the  tracks  herein 
named,  the  same  to  be  constructed  under  the  direction  of  the  engineer 
of  said  town. 

1 3.  Time  of  completion.]  § 3.  The  tracks  herein  authorized 
shall  be  constructed  within  one  year  from  passage  hereof. 

14.  Indemnity  clause.]  §4.  Said  company  shall  protect  and 
save  harmless  the  said  town  of  Lake  from  all  cost  or  damage  caused 
or  growing  out  of  the  granting  of  this  ordinance. 

Note. — See  following  amendatory  ordinance. 

§ 488.  Chicago  City  Railway  company. 

1.  Extending  time  limit. 

An  ordinance  extending  the  time  limit  of  the  ordinance  authorizing  the  Chicago 

City  Railway  company  to  construct  a street  railway  on  Halsted  street,  from 

Sixty-ninth  street  to  Seventy-ninth  street.  (Passed  May  19,  1890.) 

1 1.  Extending  time  limit.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  the  time  within  which  street  rail- 

way track  on  Halsted  street,  between  69th  and  79th  streets,  shall  be 
constructed  by  the  Chicago  City  Railway  Company  be  extended  until 
sixty  days  after  the  completion  of  the  sewer  now  being xonstructed  by 
the  city  of  Chicago  on  said  portion  of  said  street. 


1136 


STREET  RAILWAYS. 


[§  § 489,  490 


§ 489.  Chicago  City  Railway  company. 

Tf  1.  Grant,  Vincennes  avenue  and  Seventy-ninth  street. 

][  2.  Right  to  put  in  cable. 

]f  3.  Time  of  completion. 

4.  Indemnity  clause. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 
street  railway  on  Vincennes  avenue,  from  Sixty-ninth  street  to  Seventy-ninth 
street,  and  on  Seventy-ninth  street,  from  Vincennes  avenue  to  Halsted  street. 
(Passed  July  1,  1889.) 

T 1.  Grant— Vincennes  avenue  and  79th  street.]  Be  it  or- 
dained by  the  board  of  trustees  of  the  town  of  Lake:  § 1.  That  per- 

mission be  and  it  is  hereby  granted  to  the  Chicago  City  Railway  Com- 
pany, its  successors  or  assigns,  to  lay  down,  maintain  and  operate  a 
double  track  street  railway  on  Vincennes  avenue  from  69th  street  to 
79th  street,  and  on  79th  street  from  Vincennes  avenue  to  Halsted  street, 
with  all  necessary  and  convenient  cut-offs,  on  condition  that  said  com- 
pany improve  and  keep  in  repair  sixteen  (16)  feet  of  said  streets  to  be 
occupied  by  its  tracks  and  in  accordance  with  the  directions  of  the 
town,  using  stone  in  so  doing,  and  to  the  satisfaction  of  the  trustees. 

T 2.  Right  to  put  in  cable.]  § 2.  Said  company  shall  have 
the  right  at  any  time  to  adopt  its  so-called  cable  system  on  the  tracks 
herein  named,  the  same  to  be  constructed  under  the  direction  of  the 
engineer  of  said  town. 

If  3.  Time  of  completion.]  § 3.  The  tracks  herein  authorized 
shall  be  constructed  within  four  months  from  passage  hereof. 

T 4.  Indemnity  clause.]  § 4.  Said  company  shall  protect  and 
save  harmless  the  said  town  of  Lake  from  all  cost  or  damage  caused  or 
growing  out  of  the  granting  of  this  ordinance. 

§ 490.  Chicago  City  Railway  company. 

If  1.  Grant — extension  of  Ashland  avenue  tracks. 

If  2.  Time  of  completion. 

•ff  3.  Indemnity  clause. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 
street  railway  on  Ashland  avenue,  from  Sixty-third  street  to  Sixty-ninth 
street.  (Passed  July  8,  1889.) 

If  1.  Grant — extension  of  Ashland  avenue  tracks.]  Be  it  or- 
dained by  the  president  and  board  of  trustees  of  the  town  of  Lake, 
as  follows:  § 1.  That  permission  be  and  it  is  hereby  granted  to  the 
Chicago  City  Railway  Company  of  Chicago,  its  successors  and  assigns, 
to  extend  the  double  track  now  owned  by  said  company  on  Ashland 
avenue  from  63rd  street  south  along  Ashland  avenue  to  69th  street, 
provided  said  company  shall  improve  and  keep  in  repair  sixteen  (16) 
feet  in  width  of  the  street  where  said  tracks  are  laid,  using  for  that 
purpose  stone  and  to  the  satisfaction  of  the  said  board  of  trustees. 

1 2.  Time  of  completion.]  § 2.  Tracks  herein  authorized 


§ 49 r] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1137 


shall  be  constructed  within  one  (i)  year  from  the  passage  of  this  ordi- 
nance. 

If  3.  Indemnity  clause.]  § 3.  Said  Chicago  City  Railway 
Company  shall  protect  and  hold  harmless  the  said  town  of  Lake  from 
all  cost,  liability  or  damage  arising  from  or  growing  out  of,  or  result- 
ing from  the  granting  of  this  ordinance. 


§ 491.  Chicago  City  Railway  company. 

7 1.  Grant,  Wentworth  and  Vincennes  avenues— -paving,  etc. 

7 2.  Position  of  tracks. 

7 3.  Construction  of  tracks.  ^ 

7 4.  Gauge — indemnity  clause. 

7 5.  Animal  or  cable  power. 

7 6.  Running  time. 

7 7.  Time  of  completion.  * 

*[[  8.  Rate  of  fare — transfers.  • 

7 9.  Conductors. 

y 10.  Reservation  of  rights. 

y n.  Sprinkle  tracks. 

7 12.  Acceptance. 


An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 
^ street  railway  on  Wentworth  avenue.  (Passed  December  4,  1889.) 


1 1.  Grant— Wentworth  and  Vincennes  avenues— paving,  etc.] 

Be  it  ordained  by  the  president  and  board  of  trustees  of  the  town  of 
Lake,  as  follows:  § 1.  That  permission  and  authority  be,  and  the 

same  are  hereby  granted  to  the  Chicago  City  Railway  Company  of 
Chicago,  its  successors  and  assigns,  to  lay  down,  maintain  and  operate 
a double  track  street  railway  with  all  necessary  and  convenient  switches, 
and  with  such  side  tracks  as  the  president  and  board  of  trustees  of  said 
town  may  hereafter,  from  time  to  time,  grant  permission  to  lay,  on 
Wentworth  avenue  in  the  town  of  Lake,  county  of  Cook  and  state  of 
Illinois,  from  the  center  line  of  63rd  street  to  the  intersection  of  said 
Wentworth  avenue  with  Vincennes  avenue,  and  on  Vincennes  avenue 
from  said  intersection  to  the  north  line  of  81  st  street;  Provided  Said 
tracks,  side  tracks  and  switches  shall  be  laid  under  and  subject  to  the 
direction  and  supervision  of  the  superintendent  of  the  department  of 
public  works  of  said  town;  and  provided  further,  said  company  shall 
improve  and  keep  in  repair  sixteen  (16)  feet  in  width  of  the  street  or 
streets  where  said  tracks  are  laid,  using  for  that  purpose  granite  block 
pavement,  or  Ottawa  paving  blocks,  to  the  satisfaction  of  the  super- 
intendent of  the  department  of  public  works  of  said  town.  That  por- 
tion of  the  right  of  way  herein  granted  which  lies  between  63rd  street 
and  73rd  street  shall  be  paved  at  the  time  the  tracks  are  laid,  and  that 
portion  of  the  right  of  way  herein  granted  which  lies  between  73rd 
and  81  st  streets  shall  be  paved  as  soon  as  Vincennes  avenue  is  im- 
proved, the  last  mentioned  portion  of  said  right  of  way  to  be  improved 
with  crushed  stone,  immediately  upon  the  laying  of  said  tracks  and 
as  the  work  progresses,  under  the  direction  and  supervision  and  to  the 


72 


1138 


STREET  RAILWAYS. 


[§  49 1 


satisfaction  of  the  superintendent  of  the  department  of  public  works  of 
said  town,  until  said  Vincennes  avenue  is  improved  as  aforesaid;  and 
provided  further,  said  Chicago  City  Railway  Company  shall  first,  and 
before  the  commencement  of  any  work  under  this  ordinance,  pay  into 
the  treasury  of  said  town,  for  the  benefit  of  the  property  owners,  the 
sum  of  one.  dollar  per  foot  for  each  and  every  foot  of  ground,  on  each 
side  of  the  street,  fronting,  siding,  or  abutting  on  said  Wentworth 
avenue  between  the  south  line  of  63rd  street  and  the  north  line  of 
73rd  street,  except  street  crossings  or  intersections. 

If  2.  Position  of  tracks.]  § 2.  The  tracks  shall  be  so  con- 
structed that  the  center  line  between  the  two  tracks  shall  be  the  center 
of  the  street  upon  which  the  same  are  laid,  and  the  rails  used  shall  be 
rails  similar  to  those  now  used  by  said  Chicago  City  Railway  Company 
in  said  town. 

1 3.  Construction  of  tracks.]  § 3.  The  said  company  shall  at 
all  times  keep  the  said  tracks  in  such  condition  that  they  shall  not  at 
any  time  be  elevated  above  the  surface  of  the  street  on  which  they  are 
laid,  so  that  vehicles  can  freely  and  easily  cross  said  tracks  at  all 
points  and  in  all  directions  without  unnecessary  obstruction.  . 

t 4.  Gauge — indemnity  clause.]  §4.  The  guage  of  said  tracks 
shall  be  four  feet  (4  ft.)  eight  and  one-half  inches  (8^2),  and  said  com- 
pany shall  be  liable  for  all  the  legal  or  consequential  damages  sustained 
by  any  person  or  persons  by  reason  of  the  carelessness  or  misconduct 
of  any  of  the  officers,  agents,  employes  or  servants  of  said  company  in 
the  course  of  their  employment  in  the  construction  or  use  of  the  said 
railway  and  shall  protect  said  town  from  all  damages,  or  claims  for 
damages  arising  from,  growing  out  of,  or  resulting  from  the  granting 
of  this  ordinance;  and  the  said  company  shall  have  no  claim  against 
said  town  for  damages  on  account  of  any  matter  or  thing  connected 
with  or  growing  out  of  the  granting  of  this  ordinance. 

1 5.  Animal  or  cable  power.]  § 5.  The  said  tracks  shall  be 
used  for  no  other  purpose  than  to  transport  passengers  and  their  ordi- 
nary baggage,  and  the  cars  used  shall  be  of  an  improved  class  in  use 
on  said  company’s  railway,  and  the  cars  used  upon  said  tracks  shall 
be  operated  by  animal  or  cable  power  only,  and  no  cars  operated  by 
any  other  power  than  animal  or  cable  power  shall  be  permitted  to  run 
over  any  of  said  tracks. 

The  Chicago  City  Railway  Company,  its  successors  and  assigns, 
may  at  any  time  operate  the  aforesaid  line  of  railway  in  said1  town  of 
Lake  by  endless  cables  operated  by  stationary  engine  or  engines  not 
located  upon  the  streets  or  public  places  of  the  town,  and  for  said  pur- 
pose may  make  all  needful  and  convenient  trenches,  excavations  and 
sewer  connections,  and  may  place  therein  all  needful  and  convenient 
endless  cables  and  machinery,  provided  said  cables  and  machinery 
shall  be  underground  and  shall  not  interfere  with  public  travel,  and 
shall  be  constructed  in  a substantial  and  workmanlike  manner  under 


§ 490 


CHICAGO  CITY  RAILWAY  COMPANY. 


1139 


the  direction  and  supervision  of  the  superintendent  of  the  department 
of  public  works  of  said  town  and  to  his  satisfaction. 

T 6.  Running  time.]  § 6.  The  said  company  shall  cause  cars 
to  be  run,  for  the  accommodation  of  the  public,  over  all  of  said  tracks 
at  least  once  in  every  fifteen  minutes  between  the  hours  of  six  o’clock 
a.  m.  and  seven  o’clock  p.  m.  of  each  day,  and  at  least  once  in  every 
thirty  minutes  between  ^he  hours  of  seven  o’clock  p.  m.  and  midnight 
of  each  day. 

T 7.  Time  of  completion.]  § 7.  The  said  company  shall  con- 
struct all  the  tracks  herein  provided  for,  and  have  the  same  in  opera- 
tion as  herein  provided,  within  one  year  from  the  passage  hereof, 
unless  the  construction  of  any  of  said  tracks  shall  be  delayed  by  order 
or  injunction  of  some  court  of  competent  jurisdiction,  in  which  case 
the  time  lost  by  such  delay  shall  be  added  to  the  time  herein  specified 
within  which  said  tracks  shall  be  constructed.  'And  it  is  hereby  further 
provided,  that  the  work  of  laying  and  constructing  the  tracks  herein 
provided  for  in  any  given  bloek  shall  be  completed  within  sixty  (60) 
days  from  the  commencement  of  the  laying  and  constructing  of  said 
tracks  in  said  block. 

1 8.  Rate  of  fare— transfers.]  § 8.  The  rate  of  fare  on  said 
line  for.  one  continuous  trip  shall  be  not  more  than  five  cents,  and  any 
person  having  paid  fare  on  the  line  herein  named  shall  be  entitled  to 
transportation,  without  additional  fare  or  compensation,  on  any  line  or 
lines  of  railway  in  the  town  of  Lake,  village  of  Hyde  Park  or  city  of 
Chicago,  owned,  operated  or  controlled  by  said  Chicago  City  Railway 
Company,  for  a distance  equal  to  the  distance  that  passengers  are 
transported  or  carried  on  any  other  line  or  lines  of  railway  owned, 
operated  or  controlled  by  said  Chicago  City  Railway  Company;  and, 
in  any  event,  to  any  point  in  said  town  of  Lake  on  any  line  of  railway 
which  now  is,  or  may  hereafter  be,  owned,  controlled  or  operated  by 
said  Chicago  City  Railway  Company. 

If  9.  Conductors.]  § 9.  No  car,  excepting  grip  cars,  shall  be 
permitted  to  run  on  any  of  the  said  lines  at  any  time  without  a con- 
ductor. 

f 10.  Reservation  of  rights,]  § 10.  The  town  of  Lake,  for 
itself  and  citizens,  reserves  the  right  to  put  in  a viaduct  or  viaducts, 
sewerage,  gas,  water  or  other  improvements,  which  it  may  deem  proper 
or  advisable  at  any  place  in  said  streets,  using  reasonable  care  and  dili- 
gence, without  any  liability  for  damages  to  said  Chicago  City  Rail- 
way Company,  its  successors  and  assigns,  for  so  doing;  Provided, 
that  the  said  company  shall  not  be  liable  to  any  forfeiture  or  for  any 
damages  for  any  neglect  to  operate  said  railway  when  prevented  from 
so  doing  by  the  work  in  this  section  provided  for;  and  provided  further, 
that  in  case  the  president  and  board  of  trustees  of  said  town  shall,  at 
any  time  hereafter,  consider  it  necessary  to  construct  a viaduct  or  via- 
ducts along  the  line  of  the  right  of  way  herein  granted,  then  and  in  that 


1140  STREET  RAILWAYS.  [§§492,493 

event  the  said  Chicago  City  Railway  Company  shall  and  will  pay  one- 
third  of  the  cost  and  expense  of  the  approaches  thereto. 

IF  11.  Sprinkle  tracks.]  § n.  The  said  company  shall  keep 
its  right  of  way  sprinkled  as  it  may  be  directed  by  the  superintendent 
of  the  department  of  public  works  of  said  town. 

1"  12.  Acceptance.]  § 12.  This  ordinance  shall  not  be  in  force 
until  its  written  acceptance  by  said  company  has  been  filed  in  the  office 
of  the  clerk  of  the  town  of  Lake,  and  unless  such  acceptance  shall  be 
filed  in  said  clerk’s  office  within  sixty  days  after  the  passage  hereof, 
this  ordinance,  and  the  rights  and  privileges  herein  granted,  shall  be 
null  and  void,  and  any  failure  on  the  part  of  said  company  to  fulfill  and 
observe  each  and  every  of  the  terms  and  conditions  of  this  ordinance, 
shall  work  a forfeiture  hereof  and  of  the  rights  and  privileges  herein 
granted. 

§ 492.  Chicago  City  Railway  company. 

*J[  1.  Connection  authorized. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  connect  its 
tracks  on  Jefferson  avenue  with  its  tracks  on  Lake  avenue.  (Passed  No- 
vember 10,  1890.) 

1"  1.  Connection  authorized.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  consent  be  and  is  hereby  given  to  the 
Chicago  City  Railway  Company,  its  successors  and  assigns,  upon  its 
moving  its  present  track  on  its  right  of  way  on  lots  twelve  (12),  thir- 
teen (13),  thirty-six  (36)  and  thirty-seven  (37)  in  block  sixty-seven  (67) 
in  the  town  of  Hyde  Park,  and  lying  between  Jefferson  and  Lake  ave- 
nues, and  between  Fifty-sixth  and  Fifty-seventh  streets  eight  (8)  feet 
further  south  than  as  at  present  located,  at  any  time  thereafter,  to  con- 
nect its  track  so  removed  with  its  present  tracks  on  Jefferson  and  Lake 
avenues,  north  thereof,  by  the  necessary  extension  and  curve  on  Jeffer- 
son avenue  and  by  a curve  commencing  about  one  hundred  forty-seven 
and  twenty-two  one-hundredths  (147.22)  feet  east  of  the  east  line  of 
Jefferson  avenue,  thence  northeasterly  on  a curve,  having  a radius  of 
fifty-one  feet,  a distance  of  about  forty-four  (44)  feet,  thence  northeast- 
erly, on  a straight  line  tangent  to  such  curve,  ten  (10)  feet  to  the  cen- 
ter of  the  street,  there  connecting  with  the  present  curve  on  Lake 
avenue;  and  to  operate  the  same,  when  so  constructed,  as  a part  of  its 
railway  upon  Jefferson  and  Lake  avenues.  Said  changes  upon  said 
avenues  shall  be  made  subject  to  the  supervision  of  the  board  of  pub- 
lic works.  j _ 

§ 493.  Chicago  City  Railway  company. 

If  1.  Grant — route 

if  2.  Time  of  completion. 

y 3.  Motive  power. 

if  4.  Improvement  and  repair  of  streets. 

if  5.  Term — acceptance.  'fj 


§ 493] 


Chicago  city  Railway  company. 


1141 


6.  Subject  to  general  ordinances. 

*11  7.  Rate  of  fare. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  lay  and  operate 
an  additional  railway  track  on  Thirty-ninth  street,  from  Wentworth  avenue 
to  Halsted  street.  (Passed  October  26,  1891.  Accepted  November  10,  1891.) 

T 1.  Grant — route.]  Be  it  ordiained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That,  whereas,  by  permission  and  authority  of  the 
board  of  trustees  of  the  town  of  Lake,  duly  granted  February  5,  1887, 
and  accepted  by  the  Chicago  City  Railway  Company,  the  said  railway 
company  did  lay  down  and  now  operates  one  car  track,  with  necessary 
switches  and  side  tracks,  along  said  39th  street,  between  Wentworth 
avenue  and  Halsted  street,  to  connect  its  tracks  on  said  last  named 
streets;  and,  whereas,  said  single  track  is  laid  and  occupies  the  space  on 
and  along  said  39th  street  immediately  south  cjf  the  center  line  of  said 
street.  Now,  in  consideration  of  the  acceptance  hereof  and  the  under- 
taking of  the  Chicago  City  Railway  Company  to  comply  with  the  pro- 
visions of  this  ordinance,  authority  and  consent  is  hereby  given  and 
granted  unto  the  said  Chicago  City  Railway  Company,  its  successors 
and  assigns,  to  construct,  lay  down,  operate  and  maintain  an  additional 
railway  track,  with  necessary  side  tracks  and  switches,  in  the  manner 
and  upon  and  along  39th  street  as  hereinafter  mentioned — commencing 
on  Wentworth  avenue  at  the  present  terminus  of  the  tracks  on  39th 
street  and  running  thence  west  on  39th  street  to  Halsted  street,  one  sin- 
gle track  with  necessary  switches  and  side  tracks,  so  as  to  connect  with 
the  tracks  of  said  company  on  Wentworth  avenue,  Halsted  and  39th 
streets. 

T 2.  Time  of  completion.]  § 2.  The  said  additional  track  here- 
in contemplated  shall  be  laid  parallel  with  the  said  track  now  on  said 
street  and  so  placed  on  the  street  with  the  track  now  laid  that  said 
two  tracks  shall  occupy  the  middle  of  said  39th  street,  as  directed  by 
the  department  of  public  works  of  the  city  of  Chicago,  and  the  same 
shall  be  built  within  sixty  days  after  the  passage  of  this  ordinance; 
Provided,  that  should  the  construction  of  said  track  be  delayed  by 
the  order  or  injunction  of  any  court,  the  time  so  lost  shall  be  added 
to  the  time  herein  specified  within  which  the  same  shall  be  con- 
structed. 

T 3.  Motive  power.]  § 3.  The  cars  of  said  railway  shall  be 
operated  only  by  animal  power,  except  that  it  shall  be  lawful  for  the 
Chicago  City  Railway  Company,  at  any  time  within  the  terms  of  the 
ordinance,  to  adopt  its  so-called  “cable  system”  on  the  lines  herein 
named,  the  same  to  be  constructed  and  operated  as  provided  by  and 
subject  to  the  conditions  of  the  ordinance  of  January  17th,  1881, 
authorizing  the  Chicago  City  Railway  Company  to  operate  its  cars  by 
other  than  animal  power. 

1 4.  Improvement  and  repair  of  streets.]  § 4.  The  said  com- 
pany shall  fill,  grade,  pave  and  keep  in  repair  the  sixteen  feet  in  the 


1142 


STREET  RAILWAYS. 


[§  494 


center  of  said  street  so  occupied  by  its  tracks,  namely,  eight  (8)  feet  em- 
bracing the  track  hereby  authorized  and  eight  (8)  feet  embracing  the 
track  heretofore  authorized  by  the  town  of  Lake,  in  the  manner  pro- 
vided by  section  two  of  the  ordinance  of  July  30th,  1883,  relating  to 
street  railways. 

1 5.  Term— acceptance.]  § 5.  The  grant  herein  given  shall 
extend  for  the  term  of  years  ending  February  5th,  1907,  provided  the 
same  shall  be  accepted  by  said  company  within  thirty  days  of  its  pas- 
sage. 

*[f  6.  Subject  to  general  ordinances.]  § 6.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  .of  the  city  of 
Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  horse 
railways  and  to  all  ordinances  effecting  the  lines  of  railways  of  which 
the  line  hereby  authorized  is  an  extension. 

1 7.  Rate  of  fare.]  § 7.  The  rate  of  fare  shall  not  exceed  five 
cents  and,  that,  transfers  shall  be  issued  and  accepted  on  all  north  and 
south  lines  crossed  by  this  line  and  operated  by  said  Chicago  City  Rail- 
way Company. 

§ 494.  Chicago  City  Railway  company. 

1.  Authority  to  change  motive  power — routes. 

2.  Underground  system — approval — specifications. 

*([  3.  When  in  effect. 

An  ordinance  empowering  the  Chicago  City  Railway  company  to  propel  and 

operate,  with  electricity  or  other  motive  power,  its  cars  in  certain  streets 

therein  named.  (Passed  March  21,  1892.) 

1 1.  Authority  to  change  motive  power— routes.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago  : § 1.  That  the  Chi- 

cago City  Railway  Company,  its  successors  and  assigns,  are  hereby 
authorized  and  empowered  to  propel  and  operate  with  electricity,  or 
other  motive  power  as  meets  the  approval  of  the  mayor  and  commis- 
sioner of  public  works,  its  cars  upon  and  along  the  following  streets 
between  the  points  mentioned,  in  the  city  of  Chicago,  to-wit:  Halsted 
street,  from  Archer  avenue  to  the  southern  terminus  of  the  tracks  of 
the  Chicago  City  Railway  Company  on  said  street;  Archer  avenue, 
from  State  street  to  the  intersection  of  Thirty-eighth  street,  thence 
west  on  Thirty-eighth  street  to  the  terminus  of  the  tracks  of  the  Chi- 
cago City  Railway  Company  on  said  street.  Thirty-fifth  street,  from 
the  east  to  the  west  termini  of  the  tracks  of  the  Chicago  City  Railway 
Company  on  said  street.  P'orty-seventh  street,  from;  the  east  to  the 
west  termini  of  the  tracks  of  the  Chicago  City  Railway  Company  on 
said  street.  From  State  street,  east  on  Sixty-first  street  to  the  terminus 
of  the  tracks  on  that  street,  and  on  Cottage  Grove  avenue,  from  Sixty- 
first  street  to  Sixty-third  street,  and  on  Sixty-third  street,  from  Cottage 
Grove  avenue  east  to  Stony  Island  avenue,  and  on  Sixty-fourth  street, 
from  Stony  Island  avenue  to  Madison  avenue,  and  on  Madison  avenue, 


§ 495] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1143 


from  Sixty-third  street  to  Sixty-fourth  street,  and  on  Grace  avenue, 
from  Sixty-third  street  to  Sixty-fourth  street,  Indiana  avenue  from 
Thirty-ninth  street  to  Fifty-first  street,  and  on  Fifty-first  street,  from 
State  street  to  west  line  of  Grand  boulevard. 

T 2.  Underground  system— approval— specifications.]  § 2. 

When  said  cars  shall  be  operated  by  electric  power,  upon  the  streets 
between  the  points  mentioned,  said  company  may  make  all  needful  and 
convenient  curves,  trenches,  excavations  and  sewer  connections,  and 
may  place  all  needful  and  convenient  cables,  wires  and  conductors  for 
the  transmission  of  electricity,  and  machinery,  in  or  along  said  street; 
such  cables,  wires  and  conductors  and  machinery  to  be  under  ground 
and  constructed  in  a substantial  and  workmanlike  manner  and  under 
the  supervision  of  the  commissioner  of  public  works,  so  as  not  to  in- 
terfere with  the  public  travel;  Provided,  that  if' in  the  construction  of 
said  trenches  and  excavations  any  damage  or  injury  shall  result  to  any 
of  the  sewers,  water  pipes  or  private  drains,  or  other  works,  of  the  city 
of  Chicago,  then  said  company  shall  be  held  liable  and  pay  therefor. 
If,  at  any  time,  by  reason  of  the  permission  hereby  granted,  and  the 
making  of  such  trenches  and  the  running  of  such  cables,  wires  and  con- 
ductors, or  the  construction  or  operation  of  said  road,  under  any  sys- 
tem of  motive  power,  any  injury  or  damage  shall  result  to  any  person 
or  property,  then  said  company  shall  be  liable  therefor.  And,  in  the 
event  that  some  more  favorable  and  practicable  method  of  furnishing 
electricity  or  other  motive  power  for  the  operation  of  said  roads  be 
discovered,  said  Chicago  City  Railway  Company,  its  successors  and 
assigns,  shall  have  the  right  to  adopt  the  same  in  the  place  of  or  in 
connection  with  said  electrical  system,  subject  to  the  approval  of  the 
mayor  and  commissioner  of  public  works.  All  needful  and  convenient 
connections  with  the  motive  power  or  engines  shall  be  subject  to  the 
same  restrictions.  The  aperture  opening  into  said  trenches  where 
cable  or  electric  power  is  used  shall  not  exceed  five-eighths  of  an  inch 
in  width,  and  in  case  said  road  shall  be  operated  by  electric  power,  said 
company  may  operate  not  exceeding  three  cars  and  one  grip  car  at- 
tached together,  with  one  conductor  in  charge  of  each  car. 

If  3.  When  in  effect.]  § 3.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 

§ 495.  Chicago  City  Railway  company. 

If  1.  Grant — route — time  of  completion, 
if  2.  Electric  power — rules  for  construction, 
if  3.  Repair  and  improvement  of  streets. 

Tf  4.  Rate  of  fare — transfers. 

if  5.  License. 

if  6.  Term  of  grant. 

if  7.  Subject  to  ordinances. 

if  8.  Acceptance. 


1144 


STREET  RAILWAYS. 


[§  495 


An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to 

operate  and  maintain  a street  railway  track  on  Sixty-third  street  and  for  a 

loop.  (Passed  March  21,  1892.) 

If  1.  Grant — route — time  of  completion.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 
thority are  hereby  granted  and  given  to  the  Chicago  City  Railway 
Company,  its  successors  and  assigns,  to  lay  down,  maintain  and  operate 
a single  or  double  track  street  railway,  with  the  necessary  side  tracks, 
turn-outs’ and  switches,  upon  and  along  Sixty-third  street,  beginning 
at  the  terminus  of  the  tracks  of  said  Chicago  City  Railway  Company, 
now  in  operation  on  said  street  west  of  the  tracks  of  the  Illinois  Central 
Railroad  Company;  thence  east  under  the  railroad  tracks  of  the  Illinois 
Central  Railroad  Company  at  Sixty-third  street,  and  along  and  upon 
said  Sixty-third  street  east  to  the  middle  line  of  the  intersection  of 
said  Sixty-third  street  with  Stony  Island  avenue;  thence  south  along 
and  over  Stony  Island  avenue  from  Sixty-third  street  to  Sixty-fourth 
street;  thence  along  and  upon  Sixty-fourth  street,  from  the  intersection 
of  Stony  Island  avenue  and  Sixty-fourth  street,  west  to  Madison  ave- 
nue; thence  north  along  Madison  avenue  to  Sixty-third  street,  to  con- 
nect with  the  tracks  of  the  Chicago  City  Railway  Company  on  Sixty- 
third  street;  and  also  with  a single  track  on  Stony  Island  avenue  north 
from  Sixty-third  street  to  Sixty-second  street;  thence  on  Sixty-second 
street  west  to  Grace  avenue;  thence  on  Grace  avenue  south  to  Sixty- 
third  street,  and  to  connect  with  the  tracks  on  that  street. 

And  also  to  lay  down,  maintain  and  operate  a single  track  street 
railway,  with  the  necessary  side  tracks,  turnouts  and  switches,  upon 
and  along  the  middle  of  Grace  avenue,  from  Sixty-third  street  to  Sixty- 
fourth  street,  and  to  connect  the  same  with  the  tracks  at  Sixty-third 
and  Sixty-fourth  streets,  above  designated  in  the  city  of  Chicago;  pro- 
vided, however,  and  the  permission  and  authority  hereby  granted  are 
upon  the  express  condition  that  the  various  tracks  hereby  authorized 
shall  be  built  and  in  operation  within  fifteen  months  after  the  passage 
of  this  ordinance,  but  should  the  construction  of  said  tracks,  or  any 
portion  thereof,  be  delayed  by  injunction  of  any  court,  or  by  the  action 
of  the  city  of  Chicago,  then,  as  to  the  portion  so  delayed,  the  time  of 
such  delay  shall  not  be  any  part  of  the  time  herein  limited.  The  city 
of  Chicago  shall  have,  and  it  hereby  expressly  reserves,  the  right  to 
intervene  in  any  suit  or  proceeding  brought  seeking  to  enjoin,  restrain, 
or  in  any  manner  seeking  to  interfere  with  such  construction,  and  to 
move  for  the  dissolution  of  such  injunction  or  restraining  order,  and 
for  any  other  proper  order  in  such  suit. 

1 2.  Electric  power — rules  for  construction.]  § 2.  The  cars 
of  said  railway  on  the  streets  or  parts  of  streets  above  herein  described, 
as  well  as  the  cars  upon  Sixty-third  street,  west  of  the  point  above  des- 
ignated to  Cottage  Grove  avenue,  thence  along  Cottage  Grove  avenue 
to  Sixty-first  street,  and  thence  along  Sixty-first  street  to  State  street, 
in  the  ci,ty  of  Chicago,  may  be  operated  only  by  animal,  electric  or  cable 


495] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1145 


power;  provided,  that  if  said  company  shall  adopt  its  so-called  “cable 
system,”  the  same  shall  be  constructed  and  operated  as  provided  by 
and  subject  to  the  conditions  of  the  ordinance  of  January  17,  A.  D. 
1881,  authorizing  the  Chicago  City  Railway  Company  to  operate  its 
cars  by  other  than  animal  power;  and,  provided  further,  when  said 
cars  shall  be  operated  by  cable  or  electric  power,  said  company  may 
make  all  needful  and  convenient  curves,  trenches,  excavations  and 
sewer  connections,  and  may  place  all  needful  and  convenient  cables, 
wires  and  conductors  for  the  transmission  of  electricity  and  machinery 
in  or  along  said  street;  such  cables,  wires  and  conductors  and  machin- 
ery to  be  underground  and  constructed  in  a substantial  and  workman- 
like manner,  and  under  the  supervision  of  the  commissioner  of  public 
works,  so  as  not  to  interfere  with  the  public  travel ; Provided,  that  if  in 
the  construction  of  said  trenches  and  excavations  any  damage  or  injury 
shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains  or  other 
works  of  said  city  of  Chicago,  then  said  company  shall  be  held  liable 
and  pay  therefor.  If,  at  any  time,  by  reason  of  the  permission  hereby 
granted,  and  the  making  of  such  trenches  and  the  running  of  such 
cables,  wires  and  conductors,  or  the  construction  or  operation  of  said 
raad  under  any  system  of  motive  power,  any  injury  or  damage  shall 
result  to  any  person  or  property,  then  said  company  shall  be  liable 
therefor. 

All  needful  and  convenient  connections  with  the  motive  power  or 
engines  shall  be  subject  to  the  same  restrictions. 

The  aperture  opening  into  said  trenches  where  cable  or  electric 
power  is  used  shall  not  exceed  five-eighths  of  an  inch  in  width,  and  in 
case  said  road  shall  be  operated  by  cable  or  electric  power,  said  com- 
pany may  operate  iiot  exceeding  three  cars  and  one  grip  car  attached 
together,  with  one  conductor  in  charge  of  each  car. 

And  in  the  event  that  some  more  favorable  and  practicable  method 
of  furnishing  electricity  or  other  motive  power  for  the  operation  of  said 
road  be  discovered,  said  Chicago  City  Railway  Company,  its  succes- 
sors or  assigns,  shall  have  the  right  to  adopt  the  same  in  the  place  of 
or  in  connection  with  the  use  of  said  cable  or  electric  system,  subject 
to  the  approval  of  the  mayor  and  commissioner  of  public  works.  And 
it  is  further  provided,  that  other  motive  power  may  be  used  upon  the 
approval  and  consent  of  the  mayor  and  commissioner  of  the  depart- 
ment of  public  works. 

Provided,  further,  that  if  said  company  shall  elect  to  propel  and  op- 
erate its  cars  by  electric  power,  the  same  may  be  operated  and  pro- 
pelled by  electric  overhead  contact  wires,  suspended  from  poles  set 
within  the  curb  line  limit  of  the  street  on  either  side  thereof,  said  poles 
and  crossarms  to  be  used  shall  be  of  such  style  and  appearance  as  shall 
be  approved  by  the  commissioner  of  public  works,  and  so  adjusted  as 
to  obstruct  the  public  use  of  the  streets  or  sidewalks  as  little  as  possi- 
ble, such  poles  and  wires  to  be  erected  and  maintained  for  the  purpose 
of  supplying  electric  current,  which  can  be  used  for  power,  heat  and 


1146 


STREET  RAILWAYS. 


light  purposes  connected  with  Chicago  City  Railway  Company.  The 
said  wires  shall  be  suspended  not  less  than  eighteen  and  one-half  feet 
above  the  rails,  and  the  said  poles  and  supports  shall  be  placed  on  an 
average  of*not  less  than  one  hundred  and  fifteen  feet  apart,  except  at 
the  intersection  of  streets  and  avenues,  when  the  said  distance  will 
place  the  poles  or  supports  on  intersecting  streets  and  avenues,  and 
to  enable  the  said  road  to  be  so  operated  by  electricity,  the  said  Chicago 
City  Railway  Company,  its  successors  and  assigns,  shall  have  the  right 
to  connect  the  wires  herein  authorized  with  the  generator  or  power 
station  or  any  station  or  car  houses  that  may  be  erected  in  connection 
with  said  railroad,  or  with  any  power  house  or  station  along  any  of 
the  lines  of  road  of  said  company  used  by  it  in  connection  with  its 
cable,  horse  or  electric  system,  and  may  convey  said  wires  from  such 
power  houses  or  stations  to  said  streets  herein  designated  in  an  under- 
ground conduit,  which  said  conduit  shall  be  used  for  the  purpose  herein 
set  forth  only,  and  it  is  further  provided  that  other  motive  power  may 
be  used  upon  the  approval  and  consent  of  the  mayor  and  the  commis- 
sioner of  the  department  of  public  works;  and  it  is  especially  provided 
that  no  trolley  overhead  wire  shall  be  erected  or  used  except  upon  con- 
sent and  approval  of  and  conditions  imposed  by  the  mayor  and  com- 
missioner of  public  works. 

Tf  3.  Repair  and  improvement  of  streets.]  § 3.  The  per- 
mission and  authority  hereby  given  are  on  the  further  express  condi- 
tion that  the  said  company  shall,  and  by  the  acceptance  hereof  by  said 
company,  agrees  that  it  will  fill,  grade,  pave  and  keep  in  repair  and  re- 
new eight  (8)  feet  in  width  where  a single  track  is  used,  and  sixteen  (16) 
feet  in  width  where  a double  track  is  used,  in  the  center  of  said  streets 
so  occupied  in  manner  as  provided  by  section  two  (2)  of  the  ordinance 
of  July  30,  1883,  relating  to  street  railways. 

Tf  4.  Rate  of  fare — transfers.  ] § 4.  The  rate  of  fare  shall  not 
exceed  five  (5)  cents  for  any  distance  between  Madison  street  and  the 
termini  of  the  lines  hereby  authorized,  and  passengers  upon  the  line 
hereby  authorized,  and  passengers  upon  any  line  belonging  to  or  op- 
erated by  said  company  which  may  at  any  time  cross  or  connect  with 
the  line  hereby  authorized,  on  payment  of  cash  fare,  shall  be  trans- 
ferred from  one  of  said  lines  to  the  other  at  the  point  of  such  crossing 
without  additional  fare. 

If  5.  License,]  § 5.  As  regards  the  license  to  be  paid  on  the 
cars  to  be  operated  on  the  lines  herein  provided,  the  said  company  shall 
conform  to  section  one  of  an  ordinance  passed  July  30,  1883,  relating 
to  street  railways. 

T 6.  Term  of  grant.]  § 6.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  pro- 
vided, the  same  shall  be  accepted  by  said  company  within  thirty  days 
after  its  passage. 

T 7.  Subject  to  ordinances.]  § 7.  The  privileges  hereby 


CHICAGO  CITY  RAILWAY  COMPANY. 


1147 


496] 


granted  are  subject  to  all  the  general  ordinances  of  the  city  of  Chicago 
now  in  force  or  hereafter  to  be  passed,  in  reference  to  street  railways, 
and  to  all  ordinances  affecting  the  lines  of  railways  of  which  the  lines 
hereby  authorized  are  extensions. 

^1  8.  Acceptance.]  § 8.  This  ordinance  shall  be  in  force  and 
take  effect  from  and  after  its  passage  and  acceptance  by  said  company; 
Provided,  said  acceptance  shall  be  within  thirty  days  from  the  passage 
hereof. 

g 496.  Chicago  City  Railway  company. 

1.  Grant — time  of  completion. 

]f  2.  Cable  or  electric  system — overhead  wires. 

3.  Improvement  and  repair  of  streets. 

^ 4.  Rate  of  fare.  I 

5.  License  fee. 

6.  Grant  twenty  years. 

7.  Subject  to  general  ordinances. 

8.  In  effect  from  acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  <ay 
down,  maintain  and  operate  a street  railway  in  Thirty-fifth  street,  from  Cali- 
fornia avenue  to  LTllman  street.  (Passed  March  21,  1892.  Accepted  April 
14,  1892.) 

1 1.  Grant — time  of  completion.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 
are  hereby  granted  and  given  to  the  Chicago  City  Railway  Company 
its  successors  and  assigns,  to  lay  down,  maintain  and  operate  a double 
track  street  railway,  with  the  necessary  side  tracks,  turn-outs  and 
switches  upon  Thirty-fifth  street,  in  the  city  of  Chicago,  from  the  east 
line  of  California  avenue  to  Ullman  street,  and  to  connect  with  its  pres- 
ent line  of  railroad  on  Thirty-fifth  street  running  east  to  Ullman  street  ; 
Provided,  however,  and  the  permission  and  authority  hereby  granted 
are  upon  the  express  condition  that  the  various  tracks  hereby  author- 
ized shall  be  built  and  in  operation  within  nine  (9)  months  after  the 
passage  of  this  ordinance;  but,  should  the  construction  of  said  tracks 
or  any  part  thereof  be  delayed  by  injunction  of  any  court,  or  by  the 
action  of  the  city  of  Chicago,  then,  as  to  the  portion  so  delayed,  the 
time  of  such  delay  shall  not  be  any  part  of  the  time  herein  limited;  the 
city  of  Chicago  shall  have  and  it  hereby  expressly  reserves  the  right  to 
intervene  in  any  suit  or  proceeding  brought,  seeking  to  enjoin,  restrain 
or,  in  any  manner,  seeking  to  interfere  with  such  construction  and  to 
move  for  the  dissolution  of  such  injunction,  or  restraining  order,  or  for 
any  other  proper  order  in  such  suit. 

1"  2.  Cable  or  electric  system— overhead  wires.]  § 2.  The 

cars  of  said  railway  on  Thirty-fifth  street,  from  said  California  avenue 
to  State  street,  may  be  operated  only  by  animal,  electric  or  cable 
powrer;  provided,  that  if  the  said  company  shall  adopt  its,  so  called 
‘Table  system,”  the  same  shall  be  constructed  and  operated  as  pro- 
vided by  and  subject  to  the  conditions  of  the  ordinance  of  January 


1148 


STREET  RAILWAYS. 


17th,  A.  D.  1881,  authorizing  the  Chicago  City  Railway  Company 
to  operate  its  cars  by  other  than  animal  power;  and,  Provided,  further, 
that  if  said  company  shall  elect  to  propel  and  operate  its  cars  by  electric 
power,  the  same  shall  be  operated  and  propelled  by  electric  overhead 
contact  wires,  suspended  from  poles  set  within  the  curb  line  limit  of 
the  street  on  either  side  thereof,  said  poles  and  cross  arms  to  be  used 
shall  be  of  such  style  and  appearance  as  shall  be  approved  by  the  com- 
missioner of  public  works  and  so  adjusted  as  to  obstruct  the  public 
use  of  the  streets  or  sidewalks  as  little  as  possible,  such  poles  and 
wires  to  be  erected  and  maintained  for  the  purpose  of  supplying  electric 
current  which  can  be  used  for  power,  heat  and  light  purposes  connected 
with  Chicago  City  Railway  Company.  The  said  wires  shall  be  sus- 
pended not  less  than  eighteen  and  one-half  feet  above  the  rails,  and  the 
said  poles  and  supports  shall  be  placed  on  an  average  of  not  less  than 
one  hundred  and  fifteen  feet  apart,  except  at  the  intersection  of  streets 
and  avenues  when  the  said  distance  will  place  the  poles  or  supports  on 
intersecting  streets  and  avenues;  Provided,  that  no  tro’ley  overhead 
wire  shall  be  used  except  upon  consent  and  approval  of  and  conditions 
imposed  by  the  mayor  and  commissioner  of  public  works.  And,  in 
the  event  that  some  more  favorable  and  practicable  method  of  furnish- 
ing electricity  or  other  motive  power  for  the  operation  of  said  road 
be  discovered,  said  Chicago  City  Railway  Company,  its  successors 
or  assigns,  shall  have  the  right  to  adopt  the  same  in  the  place  of  or  in 
connection  with  the  use  of  said  electrical  overhead  contact  wires,  sub- 
ject to  the  approval  of  the  mayor  and  commissioner  of  public  works, 
and,  to  enable  the  said  road  to  be  so  operated  by  electricity,  the  said 
Chicago  City  Railway  Company,  its  successors  and  assigns,  shall  have 
the  right  to  connect  the  wires  herein  authorized  with  the  generator  or 
power  station  or  any  station  or  car  houses  that  may  be  erected  in  con- 
nection with  said  railroad,  or  with  any  power  house  or  station  along 
any  of  the  lines  of  road  of  said  company,  used  by  it  in  connection  with 
its  cable,  horse  or  electric  system,  and  may  convey  said  wires  from 
such  power  houses  or  stations  to  said  Thirty-fifth  street  in  an  under- 
ground conduit,  which  said  conduit  shall  be  used  for  the  purpose 
herein  set  forth  only,  and  it  is  further  provided,  that  other  motive 
power  may  be  used  upon  the  approval  and  consent  of  the  mayor  and 
the  commissioner  of  the  department  of  public  works. 

3.  Improvement  and  repair  of  streets.]  § 3.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  the  said  company  shall  and,  by  the  acceptance  hereof  by  said  com- 
pany, agrees  that  it  will  pave  and  keep  in  repair  and  renew  sixteen  (16) 
feet  in  width  in  the  center  of  said  street  so  occupied  in  manner  as  pro- 
vided by  section  two  (2)  of  the  ordinance  of  July  30,  1883,  relating  to 
street  railways,  but  said  company  shall  not  be  required  to  fill  or  grade 
said  street  or  any  part  thereof,  between  California  avenue  and  Ullman 
street, 


§ 497] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1149 


1 4.  Rate  of  fare.]  § 4.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  any  distance  between  Madison  street  and  the  terminus 
of  the  line  hereby  authorized;  and,  passengers  upon  the  line  hereby 
authorized  and  passengers  upon  any  line  belonging  to  or  operated  by 
said  company  which  may,  at  any  time,  cross  or  connect  with  the  line 
hereby  authorized  shall,  on  payment  of  cash  fare,  be  transferred  from 
one  of  said  lines  to  the  other  at  the  point  of  such  crossing  without  ad- 
ditional fare. 

f 5.  License  fee.]  § 5.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  lines  herein  provided,  the  said  company 
shall  conform  to  section  one  of  an  ordinance  passed  July  30,  1883,  re- 
lating to  street  railways. 

T 6.  Grant  20  years.]  § 6 The  grant  her/in  given  shall  extend 
for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  Provided, 
the  same  shall  be  accepted  by  said  company  within  thirty  days  after  its 
passage. 

If  7.  Subject  to  general  ordinances.]  § 7.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago,  now  in  force  or  hereafter  tO'  be  passed,  in  reference  to  street 
railways  and  to  all  ordinances  affecting  the  lines  of  railways  of  which 
the  lines  hereby  authorized  are  extensions. 

1 8.  In  effect  from  acceptance.]  § 8.  This  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  acceptance 
by  the  said  company;  Provided,  said  acceptance  shall  be  within  thirty 
(30)  days  from  the  passage  hereof. 

§ 497.  Chicago  City  Railway  company. 
y 1.  Grant — time  of  completion. 

\ 2.  Cable  or  electric  system. 

\ 3.  Improvement  and  repair  of  streets. 

\ 4.  Rate  of  fare. 

\ 5.  License  fee. 

\ 6.  Grant  twenty  years. 
y 7.  Subject  to  general  ordinances. 
y 8.  In  effect  from  acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 

down,  maintain  and  operate  a street  railway  in  Thirty-fifth  street,  from  State 

street  to  Rhodes  avenue.  (Passed  March  21,  1892.  Accepted  April  14, 

1892.) 

T 1.  Grant— time  of  completion.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  granted  and  given  to  the  Chicago  City  Railway  Company, 
its  successors  and  assigns,  to  lay  down,  maintain  and  operate  a double 
track  street  railway  with  the  necessary  side  tracks,  turnouts  and 
switches  upon  Thirty-fifth  street,  from  State  street  to  Rhodes  avenue, 
and  to  connect  with  the  line  of  said  company  on  said  Thirty-fifth  street 
at  Rhodes  avenue  and  west  of  State  street;  Provided,  however,  and 


1150 


STREET  RAILWAYS. 


the  permission  and  authority  hereby  granted  are  upon  the  express 
condition  that  the  various  tracks  hereby  authorized  shall  be  built  and 
in  operation  within  eighteen  months  after  the  passage  of  this  ordinance; 
but,  should  the  construction  of  said  tracks,  or  any  part  thereof,  be  de- 
layed by  injunction  of  any  court,  or  by  the  action  of  the  city  of  Chi- 
cago, then,  as  to  the  portion  so  delayed,  the  time  of  such  delay  shall 
not  be  any  part  of  the  time  herein  limited.  The  city  of  Chicago  shall 
have  and  it  hereby  expressly  reserves  the  right  to  intervene  in  any 
suit  or  proceeding  brought,  seeking  to  enjoin,  restrain  or,  in  any  man- 
ner, seeking  to  interfere  with  such  construction,  and  to  move  for  the 
dissolution  of  such  injunction,  or  restraining  order,  and  for  any  other 
proper  order  in  such  suit. 

IT  2.  Cable  or  electric  system,]  § 2.  The  cars  of  said  railway 
on  Thirty-fifth  street,  from  Cottage  Grove  avenue  west  on  Thirty- 
fifth  street,  so  far  as  the  tracks  of  said  company  are  laid  and  in  opera- 
tion on  Thirty-fifth  street,  west  from  Cottage  Grove  avenue,  may  be 
operated  only  by  animal,  electric  or  cable  power;  Provided,  that  if  the 
said  company  shall  adopt  its  so-called  cable  system  the  same  shall  be 
constructed  and  operated  as  provided  by  and  subject  to  the  conditions 
of  the  ordinance  of  January  17th,  1881,  authorizing  the  Chicago  City 
Railway  Company  to  operate  its  cars  by  other  than  animal  power; 
and,  provided  further,  when  said  cars  shall  be  operated  by  cable  or 
electric  power,  said  company  may  make  all  needful  and  convenient 
curves,  trenches,  excavations  and  sewer  connections  and  may  place  all 
needful  and  convenient  cables,  wires  and  conductors  for  the  transmis- 
sion of  electricity  and  machinery  in  or  along  said  street;  such  cables, 
wires  and  conductors  and  machinery  to  be  underground  and  con- 
structed in  a substantial  and  workmanlike  manner  and,  under  the  su- 
pervision of  the  commissioner  of  public  works,  so  as  not  to  interfere 
with  the  public  travel;  Provided,  that  if  in  the  construction  of  said 
trenches  and  excavations  any  damage  or  injury  shall  result  to  any  of 
the  sewers,  water  pipes  or  private  drains  or  other  works  of  the  city  of 
Chicago,  then  said  company  shall  be  held  liable  and  pay  therefor.  If, 
at  any  time,  by  reason  of  the  permission  hereby  granted  and  the  making 
of  such  trenches  and  the  running  o>f  such  cables,  wires  and  conductors, 
or  the  construction  or  operation  of  said  road,  under  any  system  of 
motive  power,  any  injury  or  damage  shall  result  to  any  person  or  prop- 
erty, then,  said  company  shall  be  liable  therefor.  All  needful  and  con- 
venient connections  with  the  motive  power  or  engines  shall  be  sub- 
ject to  the  same  restrictions.  The  aperture  opening  in  to.said  trenches, 
where  cable  or  electric  power  is  used,  shall  not  exceed  five-eighths  of 
an  inch  in  width,  and,  in  case  said  road  shall  be  operated  by  cable  or 
electric  power  said  company  may  operate  not  exceeding  three  cars  and 
one  grip  car  attached  together,  with  one  conductor  in  charge  of  each 
car.  And,  in  the  event  that  some  more  favorable  and  practicable  meth- 
od of  furnishing  electricity  or  other  motive  power  for  the  operation  of 


§ 497]  CHICAGO^CITY  RAILWAY  COMPANY.  1151 

said  road  be  discovered,  said  Chicago  City  Railway  Company,  its  suc- 
cessors or  assigns,  shall  have  the  right  to  adopt  the  same  in  the  place 
of  or  in  connection  with  the  use  of  said  cable  or  electric  system,  sub- 
ject to  the  approval  of  the  mayor  and  commissioner  of  public  works. 
And,  it  is  further  provided  that  other  motive  power  may  be  used  upon 
the  approval  and  consent  of  the  mayor  and  commissioner  of  the  depart- 
ment of  public  works. 

IT  3.  Improvement  and  repair  of  streets.]  § 3.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  the  said  company  shall  and,  by  the  acceptance  hereof  by  said  com- 
pany, agrees  that  it  will  fill,  grade,  pave  and  keep  m repair  eight  (8) 
feet  in  width  where  a single  track  is  used,  anjd  sixteen  (16)  feet  in 
width  where  a double  track  is  used,  in  the  center  of  said  street  between 
Rhodes  avenue  and  State  street,  in  the  manner  provided  by  and  under 
section  two  (2)  of  the  ordinance  of  July  30,  1883,  relating  to  street 
railways. 

T 4.  Rate  of  fare.]  § 4.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  any  distance  between  Madison  street  and  the  termi- 
nus of  the  line  hereby  authorized  and  passengers  upon  the  line  hereby 
authorized,  and  passengers  upon  any  line  belonging  to>  or  operated 
by  said  company  which  may,  at  any  time,  cross  or  connect  with  the 
line  hereby  authorized,  shall,  on  payment  of  cash  fare,  be  transferred 
from  one  of  said  lines  to  the  other  at  the  point  of  such  crossing,  without 
additional  fare. 

IT  5.  License  fee.]  § 5.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  the  said  company 
shall  conform  to'  section  one  of  an  ordinance  passed  July  30,  1883,  re- 
lating  to  street  railways. 

IT  6.  Grant  20  years.]  § 6.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  Pro- 
vided, the  same  shall  be  accepted  by  said  company  within  thirty  (30) 
days  after  its  passage. 

T 7.  Subject  to  general  ordinances.]  § 7.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city 
of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  street 
railways  and  to  all  ordinances  affecting  the  lines  of  railways  of  which 
the  lines  hereby  authorized  are  extensions. 

If  8.  In  effect  from  acceptance.]  § 8.  This  ordinance  shall  be 
in  force  and  take  effect  from  and  after  its  passage  and  acceptance  by 
said  company;  Provided,  said  acceptance  shall  be  within  thirty  (30) 
days  from  the  passage  hereof. 

Note. — See  section  one  of  ordinance  of  July  15,  1895. 


1152 


STREET  RAILWAYS. 


[§  498 


§ 


498.  Chicago  City  Railway  company. 

IT  1.  Grant — route — term. 

\ 2.  Style  of  rails — tracks,  construction  of. 

\ 3.  Cable  or  electric  power — overhead  wires. 

y 4.  Improvement  and  repair  of  streets. 
y 5.  Rate  of  fare. 
y 6.  License  fee. 

^ 7.  Time  of  completion. 

y 8.  Grant  twenty  years. 
y 9.  Subject  to  general  ordinances. 
y 10.  When  in  force — acceptance. 


An  ordinance  authorizing  the  Chicago  City  Railway  company  to  construct  a 

street  railway  on  Seventy-fifth  street,  from  the  Chicago,  Rock  Island  & Paci- 
fic railroad  to  Greenwood  avenue.  (Passed  March  21,  1892.) 

IT  1.  Grant — route— term.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance 

hereof  and  the  undertaking  of  the  Chicago  City  Railway  Company  to 
comply  with  the  provisions  herein  contained,  consent,  permission  and 
authority  are  hereby  granted  to  said  company,  its  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate,  for  the  period  of 
twenty  (20)  years  from  the  passage  hereof,  a double  track  street  rail- 
way, with  all  necessary  and  convenient  turnouts  and  switches  in,  upon, 
over  and  along  Seventy-fifth  street,  from  the  Chicago,  Rock  Island  and 
Pacific  railroad  to  Greenwood  avenue. 

12.  Style  of  rails -tracks,  construction  of.]  §2.  The  tracks 
of  said  railway  shall  not  be  elevated  above  the  surface  of  the  street,  and 
shall  be  laid  with  modern  improved  rails,  and  in  such  a manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction  and  shall,  also,  be  laid 
as  near  to  the  center  of  the  street  as  practicable.  Section  1509  of  the 
Municipal  Code  of  Chicago,  1881,  shall  not  apply  to  the  railway  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor  and  commissioner  of  public  works  and  shall  be  laid  under  their 
direction;  but  a permit  shall  be  first  obtained  from  the  commissioner 
of  public  works  before  commencing  work  under  this  ordinance. 

1 3.  Cable  or  electric  power — overhead  wires.]  § 3-  The 
cars  to  be  used  on  said  railway  may  be  operated  by  animal,  electric  or 
cable  power;  Provided,  that  if  the  said  company  shall  adopt  its  so- 
called  “cable  system”  the  same  shall  be  constructed  and  operated  as  pro- 
vided  by  and  subject  to  the  conditions  of  the  ordinance  of  January  17, 
1881,  authorizing  the  Chicago  City  Railway  Company  to  operate  its 
cars  by  other  than  animal  power;  and,  provided,  further,  that  if  said 
company  shall  elect  to  propel  and  operate  its  cars  by  electric  power, 
the  same  shall  be  operated  and  propelled  by  electric  overhead  contact 
wires,  suspended  from  poles  set  within  the  curb  line  limit  of  the  street 
on  either  side  thereof.  Said  poles  and  cross  arms  to  be  used  shall  be 
of  such  style  and  appearance  as  shall  be  approved  by  the  commissioner 
of  public  works  and  so  adjusted  as  to  obstruct  the  public  use  of  the 


CHICAGO  CITY  RAILWAY  COMPANY. 


1153 


498] 


streets  or  sidewalks  as  little  as  possible,  such  poles  and  wires  to  be 
erected  and  maintained  for  the  purpose  of  supplying  electric  current 
which  can  be  used  for  power,  heat,  and  light  purposes,  for  the  exclusive 
use  of  the  Chicago  City  Railway  Company.  The  said  wires  shall  be 
suspended  not  less  than  eighteen  and  one-half  feet  above  the  rails,  and 
the  said  poles  and  supports  shall  be  placed  on  an  average  of  not  less 
than  one  hundred  and  fifteen  feet  apart,  except  at  the  intersection  of 
streets  and  avenues,  when  the  said  distance  will  place  the  poles  or  sup- 
ports on  intersecting  streets  and  avenues;  Provided,  that  no'  overhead 
trolley  wire  shall  be  used,  except  upon  the  consent  and  approval  of 
and  conditions  imposed  by  the  mayor  and  commissioner  of  public 
works.  And,  in  the  event  that  some  more  favorable  and  practicable 
method  of  furnishing  electricity  or  other  motive  powder  for  the  opera- 
tion of  said  road  be  discovered  said  Chicago  City  Railway  Company, 
its  successors  or  assigns,  shall  have  the  right  to  adopt  the  same  in  the 
place  of  or  in  connection  with  the  use  of  said  electrical  overhead  con- 
tact wires,  subject  to  the  approval  of  the  mayor  and  commissioner  of 
public  works  and,  to  enable  the  said  road  to  be  so  operated  by  electric- 
ity, the  said  Chicago  City  Railway  Company,  its  successors  and  as- 
signs, shall  have  the  right  to  connect  the  wires  herein  authorized  with 
the  generator  or  power  station  or  any  station  or  car  houses  that  may 
be  erected  in  connection  with  said  railroad,  or  with  any  power  house 
or  station  along  any  of  the  lines  of  road  of  said  company  used  by  it  in 
connection  with  its  cable,  horse  or  electric  system,  and  may  convey 
said  wires  from  such  power  houses  or  stations  to  said  Seventy-fifth 
street  in  an  underground  conduit,  which  said  conduit  shall  be  used  for 
the  purpose  herein  set  forth  only.  And,  it  is  further  provided  that 
other  motive  power  may  be  used  upon  the  approval  and  consent  of 
the  mayor  and  the  commissioner  of  the  department  of  public  works. 

T 4.  Improvement  and  repair  of  streets.]  § 4.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  the  said  company  shall  and,  by  the  acceptance  hereof  by  said  com- 
pany, agrees  that  it  will  fill,  grade,  pave  and  keep  in  repair  eight  (8) 
feet  in  width  where  a single  track  is  used,  and  sixteen  (16)  feet  in  width 
where  a double  track  is  used,  in  the  center  of  said  street,  in  the  manner 
provided  by  and  under  section  two  (2)  of  the  ordinance  of  July  30, 
1883,  relating  to  street  railways. 

f 5.  Rate  of  fare.]  § 5.  The  rate  of  fare  shall  not  exceed  five 
(5)  cents  for  any  distance  between  Madison  street  and  the  terminus 
of  the  line  hereby  authorized;  and  passengers  upon  the  line  hereby 
authorized  and  passengers  upon  any  line  belonging  to  or  operated  by 
said  company  which  may  at  any  time  cross  or  connect  with  the  line 
hereby  authorized,  shall,  on  payment  of  cash  fare,  be  transferred  from 
one  of  said  lines  to  the  other. at  the  point  of  such  crossing  without  ad- 
ditional fare. 

T 6.  License  fee  1 § 6.  As  regards  the  license  to  be  paid  on 


1154 


STREET  RAILWAYS. 


[§  499 


the  cars  to  be  operated  on  the  line  herein  provided,  the  said  company 
shall  conform  to  section  i of  an  ordinance  passed  July  30th,  1883,  re- 
lating to  street  railways. 

T 7.  Time  of  completion.]  § 7.  The  tracks  herein  author- 
ized shall  be  built  and  in  operation  within  eighteen  (18)  months  after 
the  passage  of  this  ordinance;  but,  should  the  construction  of  said 
tracks  or  any  part  thereof  be  delayed  by  injunction  of  any  court,  or  by 
the  action  of  the  city  of  Chicago,  then,  as  to  the  portion  so  delayed, 
the  time  of  such  delay  shall  not  be  any  part  of  the  time  limited  herein. 
The  city  of  Chicago  shall  have  and  it  hereby  expressly  reserves  the 
right  to  intervene  in  any  suit  or  proceeding 'brought  seeking  to  enjoin, 
restrain  or  in  any  manner  seeking  to  interfere  with  such  construction 
and  to  move  for  the  dissolution  of  such  injunction  or  restraining  order 
and  for  any  other  proper  order  in  such  suit. 

T 8.  Grant  20  years.]  § 8.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  Pro- 
vided, the  same  shall  be  accepted  by  said  company  within  ninety  days 
after  its  passage. 

if  9.  Subject  to  general  ordinances.]  § 9.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city 
of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  street 
railways  and  to  all  ordinances  affecting  the  lines  of  railways  of  which 
the  lines  hereby  authorized  are  extensions. 

if  10.  When  in  force — acceptance.]  § 10.  This  ordinance 
shall  be  in  force  and  take  effect  from  and  after  its  passage  and  accept- 
ance by  said  company;  Provided,  said  acceptance  shall  be  within  ninety 
(90)  days  from  the  passage  hereof. 

§ 499.  Chicago  City  Railway  company. 

1.  Grant — conditions — route. 

2.  Location  and  connection  of  tracks — Wabash  avenue. 

\ 3.  Time  of  completion. 

\ 4.  Animal  or  cable  power. 

\ 5.  Improvement  and  repair  of  streets. 

\ 6.  Term — acceptance. 

\ 7.  Subject  to  general  ordinances. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  con- 
struct, maintain  and  operate  a street  railway  in  certain  streets  therein  men- 
tioned, forming  a loop  at  its  northern  terminus.  (Passed  March  21,  1892. 
Accepted  March  30,  1892.) 

^f  1.  Conditions — grant — route.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  ac- 
ceptance hereof  and  the  undertaking  by  the  Chicago  City  Railway 
Company  to  comply  with  the  provisions  of  this  ordinance,  authority 
and  consent  are  hereby  given  unto  the  said  Chicago  City  Railway  Com- 
pany, its  successors  and  assigns,  to  construct,  lay  down,’  maintain  and 
operate,  with  horse  or  cable  power,  a street  railway  with  the  necessary 
side  tracks  and  switches  in  the  manner  and  upon  the  conditions  and 


<yyo 


499]  CHICAGO  CITV  RAILWAY  COMPANY.  1155 

requirements  as  herein  mentioned,  and  upon  and  along  the  several 
streets  hereinafter  mentioned,  to  wit:  From  Wabash  avenue  east  with 
a single  track  along  and  upon  the  middle  of  Madison  street  to 
Michigan  avenue,  and  to  connect  said  track  in  Madison  street  with  the 
tracks  on  Wabash  avenue  and  the  west  track  on  Michigan  avenue, 
and  to  be  operated  in  connection  therewith.  On  Michigan  avenue, 
north  from  the  connection  of  the  said  track  on  Madison  street,  over, 
upon  and  along  the  west  track  now  on  Michigan  avenue  to  Washing- 
ton street;  thence  upon,  over  and  along  the  south  track  now  upon 
Washington  street  or  Randolph  street  to  Wabash  avenue  and  to  con- 
nect with  the  tracks  on  Wabash  avenue;  Provided,  however,  that, 
as  a condition  precedent  to  the  use  and  ocqfh nation  of  said  track 
upon  Michigan  avenue  and  the  track  on  Washington  or  Randolph 
street,  said  Chicago  City  Railway  Company  shall  first  obtain  from 
the  owners,  lessees  and  parties  controlling  or  operating  such  track  or 
tracks  their  written  consent  to  the  use  and  occupation  of  said  Michi- 
gan avenue  and  Washington  or  Randolph  street.  And,  also,  upon  and 
along  the  middle  of  Michigan  avenue  with  a single  track,  from  and 
in  connection  with  the  west  track  on  Michigan  avenue  at  Washing- 
ton street,  north  to  Randolph  street,  thence  to  connect  with  the  south 
track  on  Randolph  street,  upon  and  along  said  south  track  to  Wabash 
avenue,  and  to  connect  and  be  operated  with  the  tracks  on  Wabash 
avenue.  And,  also,  with  an  additional  track  on  Wabash  avenue,  from 
Randolph  street  south  to  Madison  street,  to  connect  with  the  said 
tracks  at  Randolph  street  and  with  the  tracks  on  Wabash  avenue 
at  and  south  of  Madison  street  and  to  be  operated  in  connection  with 
the  line  on  Wabash  avenue. 

IT  2.  Location  and  connection  of  tracks— Wabash  avenue.] 

§ 2.  Whereas,  there  is  now  upon  and  along  Wabash  avenue,  north 
from  the  south  line  of  Madison  street,  a single  railroad  track  along 
the  middle  of  Wabash  avenue  to  Lake  street;  and,  whereas,  by  the 
grant  herein  to  the  Chicago  City  Railway  Company  it  is  permitted 
to  construct,  maintain  and  operate  an  additional  track  on  Wabash 
avenue,  from  Randolph  street  to  Madison  street.  Now,  it  is  hereby 
further  ordained  and  provided,  that  the  said  track  on  Wabash  avenue, 
between  Madison  and  Randolph  streets,  be  moved  towards  the  west 
and  that  the  additional  track,  herein  contemplated  between  said 
points,  be  laid  parallel  with  and  east  of  said  track  moved  to  the  west 
and  that  the  two  parallel  tracks  shall  be  in  the  center  of  said  Wabash 
avenue,  so  that  the  outside  rail  of  the  respective  tracks  shall  be  of 
equal  distance  from  the  curb  or  sidewalk  line  on  the  respective  sides 
of  said  Wabash  avenue;  provided,  that  the  track  so  moved  west  shall 
connect  and  be  operated  with  the  track  now  on  Madison  street,  at 
and  west  of  Wabash  avenue,  and  with  the  track  on  Wabash  avenue 
north  of  Randolph  street. 

1[  3.  Time  of  completion.]  § 3.  The  various  tracks  herein 


1156 


STREET  RAILWAYS. 


[§  499 


named  shall  be  built  within  one  year  after  the  passage  of  this  ordi- 
nance; provided,  that  should  the  construction  of  the  same  be  delayed 
or  prevented  by  injunction  of  any  court,  the  time  SO'  lost  shall  be 
added  to  the  time  herein  specified  within  which  the  same  shall  be 
constructed. 

T 4.  Animal  or  cable  power.]  %.§  4.  The  cars  of  said  railway 
may  be  operated  by  animal  power,  and  it  shall  be  lawful  for  the  Chi- 
cago City  Railway  Company,  at  any  time  within  the  time  of  this  ordi- 
nance, to  adopt  its  so-called  “cable  system”  on  any  or  all  of  the  lines 
herein  named,  the  same  to  be  constructed  and  operated  as  provided 
by  and  subject  to  the  ordinance  of  January  17,  A.  D.  1881,  authoriz- 
ing the  Chicago  City  Railway  Company  to  operate  its  cars  by  other 
than  animal  power. 

1"  5.  Improvement  and  repair  of  streets.]  § 5.  Said  railway 
company  shall  hereafter,  as  respects  the  filling,  grading,  paving  or 
repairing  or  otherwise  improving  or  repairing  Madison  street,  between 
Wabash  and  Michigan  avenues,  and  Michigan  avenue,  between 
Washington  street  and  Randolph  street,  and  Wabash  avenue,  between 
Randolph  street  and  Madison  street,  fill,  grade  and  pave  and  keep 
in  good  repair,  during  all  of  the  time  the  using  of  said  streets  men- 
tioned herein  shall  extend,  eight  feet  in  width  where  a single  track  is 
used,  or  sixteen  feet  in  width  where  a double  track  is  used,  the  said 
eight  or  sixteen  feet  to  include  the  railway  track  or  tracks  in  accord- 
ance with  such  ordinance  as  the  city  council  may  pass  respecting 
such  filling,  grading,  paving  or  repairing,  and  the  same  shall  be  done 
by  said  railway  company,  with  like  material,  in  like  manner  and  at 
the  same  time  as  required  in  the  rest  of  said  street  not  embraced  in 
the  eight  or  sixteen  feet  in  width,  except  that  it  may  use  stone  paving 
blocks,  or  such  other  material  as  may  hereafter  be  authorized  by  the 
city  council  for  the  space  between  the  rails  of  the  tracks  on  the  streets 
mentioned  in  section  one  hereof;  Provided,  however,  nothing  herein 
is  intended  to,  or  shall  relieve  the  parties  interested  therein  from  fill- 
ing, paving,  grading  or  keeping  in  repair  the  tracks  herein  men- 
tioned on  Michigan  avenue  or  Randolph  street,  as  provided  in  ordi- 
nance heretofore  passed  in  reference  to  said  tracks  in  said  streets. 

T 6.  Term — acceptance.]  § 6.  The  grant  herein  given  shall 
extend  and  continue  until  July  30th,  1903,  from  the  passage  hereof, 
provided  the  same  shall  be  accepted  by  said  company  within  thirty 
days  after  its  passage. 

T 7.  Subject  to  general  ordinances.]  §7.  The  privileges  here- 
by granted  are  subject  to  all  the  general  ordinances  of  the  city  ot 
Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  horse 
or  street  railways,  and  to  all  ordinances  affecting  the  lines  of  street 
railways  of  which  the  lines  hereby  authorized  are  an  extension. 


CHICAGO  CITY  RAILWAY  COMPANY. 


1157 


5°°] 


§ 500.  Chicago  City  Railway  company. 

1.  Grant — route — completion. 

\ 2.  Power — underground  wires — overhead  system. 

T 3.  Improvement  and  repair  of  streets. 

4.  Rate  of  fare. 

][  5.  License  fee. 

^ 6.  Grant  twenty  years. 

^ 7.  Subject  to  general  ordinances. 

][  8.  In  effect  from  acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 
down,  maintain  and  operate  a street  railway  in  Forty-seventh  street,  from 
State  street  to  Cottage  Grove  avenue,  and  from  Ashland  avenue  to  South- 
western boulevard.  (Passed  March  21,  1892.  Accepted  April  14,  1892.) 

1 1.  Grant— route— completion.]  Be  it  Ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  granted  and  given  to  the  Chicago*  City  Railway  Company, 
its  successors  and  assigns,  to  lay  down,  maintain  and  operate  a double 
track  street  railway,  with  the  necessary  side-tracks,  turn-outs  and 
switches,  upon  Forty-seventh  street,  in  the  city  of  Chicago,  from  the 
west  line  of  State  street  to  Cottage  Grove  avenue,  connecting  the 
same  with  the  tracks  at  Cottage  Grove  avenue  and  the  tracks  on 
Forty-seventh  street  west  of  State  street;  and  from  the  east  line  of 
Ashland  avenue  west  on  said  Forty-seventh  street  to  the  east  line 
of  South  Western  boulevard,  and  to  connect  the  same  with  the  tracks 
on  said  Forty-seventh  street  at  and  east  of  Ashland  avenue:  Pro- 

vided, however,  and  the  permission  and  authority  hereby  granted  are 
upon  the  express  condition  that  the  various  tracks  hereby  authorized 
shall  be  built  and  in  operation  within  twelve  months  after  the  passage 
of  this  ordinance;  but,  should  the  construction  of  said  tracks,  or  any 
part  thereof,  be  delayed  by  injunction  of  any  court,  or  by  the  action 
of  the  city  of  Chicago,  then,  as  to  the  portion  so  delayed,  the  time 
of  such  delay  shall  not  be  any  part  of  the  time  herein  limited;  the 
city  of  Chicago  shall  have,  and  it  hereby  expressly  reserves,  the  right 
to  intervene  in  any  suit  or  proceeding  brought  seeking  to  enjoin,  re- 
strain or  in  any  manner  seeking  to  interfere  with  such  construction, 
and  to  move  for  the  dissolution  of  such  injunction,  or  restraining 
order,  and  for  any  other  proper  order  in  such  suit. 

12.  Power— underground  wires— overhead  system.]  §2.  The 
cars  of  said  railway  on  Forty-seventh  street,  from  Cottage  Grove  ave- 
nue west  on  Forty-seventh  street  so  far  as  the  tracks  of  said  company 
are  laid  and  in  operation  on  said  Forty-seventh  street  west  from  Cot- 
tage Grove  avenue,  may  be  operated  only  by  animal,  electric  or  cable 
power;  Provided,  that  if  the  said  company  shall  adopt  its  so-called 
“cable  system”  the  same  shall  be  constructed  and  operated  as  pro- 
vided by  and  subject  to  the  conditions  of  the  ordinance  of  January  17, 
A.  D.  1881,  authorizing  the  Chicago  City  Railway  Company  to  operate 
its  cars  by  other  than  animal  power;  and,  provided  further,  when  said 
cars  shall  be  operated  by  cable  or  electric  power,  said  company  may 


1158 


STREET  RAILWAYS. 


[§  500 


make  all  needful  and  convenient  curves,  trenches,  excavations  and 
sewer  connections,  and  may  place  all  needful  and  convenient  cables, 
wires  and  conductors  for  the  transmission  of  electricity  and  machinery 
in  or  along  said  street;  such  cables,  wires  and  conductors  and  ma- 
chinery to  be  underground  and  constructed  in  a substantial  and  work- 
manlike manner  and  under  the  supervision  of  the  commissioner  of  pub- 
lic works,  so  as  not  to  interfere  with  the  public  travel : Provided,  that 
if  in  the  construction  of  said  trenches  and  excavations  any  damage  or 
injury  shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains, 
or  other  works  of  the  city  of  Chicago,  then  said  company  shall  be 
held  liable  and  pay  therefor.  If,  at  any  time,  by  reason  of  the  per- 
mission hereby  granted  and  the  making  of  such  trenches  and  the 
running  of  such  cables,  wires  and  conductors,  or  the  construction  or 
operation  of  said  road,  under  any  system  of  motive  power,  any  injury 
or  damage  shall  result  to  any  person  or  property,  then  said  company 
shall  be  liable  therefor.  All  needful  and  convenient  connections  with 
the  motive  power  or  engines  shall  be  subject  to  the  same  restric- 
tions. The  aperture  opening  into  said  trenches  where  cable  or  electric 
power  is  used  shall  not  exceed  five-eighths  of  an  inch  in  width,  and 
in  case  said  road  shall  be  operated  by  cable  or  electric  power,  said 
company  may  operate  not  exceeding  three  cars,  one  grip  car  attached 
together,  with  one  conductor  in  charge  of  each  car.  And,  in  the 
event  that  some  more  favorable  and  practicable  method  of  furnishing 
electricity  or  other  motive  power  for  the  operation  of  said  road  be 
discovered,  said  Chicago  City  Railway  Company,  its  successors  or 
assigns,  shall  have  the  right  to  adopt  the  same  in  the  place  of  or  in 
connection  with  the  use  of  said  cable  or  electric  system,  subject  to 
the  approval  of  the  mayor  and  commissioner  of  public  works.  And 
it  is  further  provided,  that  other  motive  power  may  be  used  upon 
the  approval  and  consent  of  the  mayor  and  the  commissioner  of  the 
department  of  public  works;  and  it  is  further  provided,  that  if  said 
company  shall  elect  to  propel  and  operate  its  cars  by  electric  power 
the  same  may  be  operated  and  propelled  by  electric  overhead  contact 
wires,  suspended  from  poles  set  within  the  curb  line  limit  of  the  street 
on  either  side  thereof,  said  poles  and  cross-arms  to  be  used  shall  be 
of  such  style  and  appearance  as  shall  be  approved  by  the  commis- 
sioner of  public  works,  and  so  adjusted  as  to  obstruct  the  public  use 
of  the  streets  or  sidewalks  as  little  as  possible;  such  poles  and  wires  to 
be  erected  and  maintained  for  the  purpose  of  supplying  electric  cur- 
rent, which  can  be  used  for  power,  heat  and  light  purposes  connected 
with  Chicago  City  Railway  Company  exclusively.  The  said  wires 
shall  be  suspended  not  less  than  eighteen  and  one-half  feet  above  the 
rails,  and  the  said  poles  and  supports  shall  be  placed  on  an  average 
of  not  less  than  one  hundred  and  fifteen  feet  apart,  except  at  the  in- 
tersection of  streets  and  avenues,  when  the  said  distance  will  place 
the  poles  or  supports  on  intersecting  streets  and  avenues.  And,  in 
the  event  that  some  more  favorable  and  practicable  method  of  furnish- 


§ 500]  CHICAGO  CITY  RAILWAY  COMPANY.  1159 

in g electricity  or  other  motive  power  for  the  operation  of  said 
road  be  discovered,  said  Chicago  City  Railway  Company,  its  suc- 
cessors and  assigns,  shall  have  the  right  to  adopt  the  same  in  the 
place  of  or  in  connection  with  the  use  of  said  electrical  overhead  con- 
tact wires,  subject  to  the  approval  of  the  mayor  and  commissioner 
of  public  works,  and,  to  enable  the  said  road  to  be  so  operated  by 
electricity,  the  said  Chicago  City  Railway  Company,  its  successors 
and  assigns,  shall  have  the  right  to'  connect  the  wires,  herein  author- 
ized, with  the  generator  or  power  station  or  any  station  or  car  house 
that  may  be  erected  in  connection  with  said  railroad,  or  with  any 
power  house  or  station  along  any  of  the  lines  *of  road  of  said  com- 
pany used  by  it  in  connection  with  its  cable,  horse  or  electric  system, 
and  may  convey  said  wires  from  such  power  houses  or  stations  to 
said  Forty-seventh  street  in  an  underground  conduit,  which  said  con- 
duit shall  be  used  for  the  purpose  herein  set  forth  only;  and,  it  is  fur- 
ther provided  that  other  motive  power  may  be  used  upon  the  ap- 
proval and  consent  of  the  mayor  and  commissioner  of  the  department 
of  public  works;  but,  it  is  especially  provided  that  no  trolley  over- 
head wire  shall  be  erected  or  used  except  upon  consent  and  approval 
of  and  conditions  imposed  by  the  mayor  and  commissioner  of  public 
works. 

1 3.  Improvement  and  repair  of  streets.]  § 3.  The  per- 
mission and  authority  hereby  given  are  on  the  further  express  con- 
dition that  the  said  company  shall,  and  by  the  acceptance  hereof  by 
said  company,  agree  that  it  will  fill,  grade,  pave  and  keep  in  repair 
eight  (8)  feet  in  width  where  a single  track  is  used,  and  sixteen  (16) 
feet  in  width  where  a double  track  is  used,  in  the  center  of  said  street, 
in  the  manner  provided  by  and  under  section  two  (2)  of  the  ordinance 
of  July  30th,  1883,  relating  to  street  railways. 

IT  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  shall  not  exceed  five 
(5)  cents  for  any  distance  between  Madison  street  and  the  terminus 
of  the  line  hereby  authorized,  and  passengers  upon  the  line,  hereby 
authorized,  and  passengers  upon  any  line  belonging  to  or  operated 
by  said  company  which  may,  at  any  time,  cross  or  connect  with  the 
line  hereby  authorized,  shall,  on  payment  of  cash  fare,  be  transferred 
from  one  of  said  lines  to  the  other  at  the  point  of  such  crossing  with- 
out additional  fare. 

If  5.  License  fee.]  § 5.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  the  said  company 
shall  conform  to  section  one  of  an  ordinance  passed  July  30,  1883, 
relating  to  street  railways. 

T 6.  Grant  twenty  years.]  § 6.  The  grant  herein  given  shall 
extend  for  the  term  of  twenty  (20)  years  from  the  passage  hereof; 
Provided,  the  same  shall  be  accepted  by  said  company  within  thirty 
days  after  its  passage. 


1160 


STREET  RAILWAYS. 


[§  5 00 


If  7.  Subject  to  general  ordinances.]  § 7.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city 
of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to 
street  railways  and  to  all  ordinances  affecting  the  lines  of  railway  of 
which  the  lines  hereby  authorized  are  extensions. 

If  8.  In  effect  from  acceptance.]  § 8.  This  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  acceptance 
by  said  company;  Provided,  said  acceptance  shall  be  within  thirty  days 
from  the  passage  hereof. 

Note:  See  following  ordinance. 


§ 5ot. 
8 502. 
§ 503. 
§ 504- 
§ 505- 
§ 5o6. 
§ 507- 
§ 508. 
§ 509. 

§ 5io. 

5ii. 
§ 5i2. 
§ 5i3. 
§ 514. 
I 5i5. 
§ 5i6. 
§ 5i7. 
§ 5i8. 
§ 519- 
§ 520. 
§ 521. 
§ 522. 
§ 523. 

§ 524. 

§ 525. 
§ 526. 

§ 527. 

§ 528. 

s 529* 

§ 530. 
§ 531. 
§ 532. 
§ 533* 
§ 534* 

§ 535- 
§ 535a. 
§ 536. 

§ 537. 

8 538. 

§ 539- 
§ 540. 

§ 541- 
§ 542. 

§ 543- 
§ 544- 
§ 545- 
§ 546. 

§ 547- 
§ 548. 

§ 549- 
§ 550. 

§ 55i. 

§ 552. 


CHAPTER  XIV— STREET  RAILWAYS. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company.  g 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  City  Railway  company. 

Chicago  Electric  Transit  company. 

Chicago  Electric  Transit  company. 

Chicago  Electric  Transit  company. 

Chicago  Electric  Transit  company. 

Chicago  Electric  Transit  company. 

Chicago  General  Railway  company. 

Chicago  General  Railway  company. 

Chicago  General  Railway  company. 

Chicago  & Jefferson  Urban  Transit  company. 

Chicago  & Jefferson  Urban  Transit  company. 

Chicago  & Jefferson  Urban  Transit  company. 

Chicago  North  Shore  Street  Railway  company. 
Chicago  North  Shore  Street  Railway  company. 
Chicago  North  Shore  Street  Railway  company. 
Chicago  North  Shore  Street  Railway  company. 
Chicago  Passenger  Railway  company. 

Chicago  Horse  & Dummy  Railway  company. 
Amendment  to  foregoing. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Railway  company. 

Chicago  Passenger  Traction  company. 

1161 


1162 


STREET  RAILWAYS. 


[§  501 


§ 553.  Horse  railway  in  the  streets  of  the  south  and  west  divisions  of  Chi- 
cago. 

§ 554.  The  Chicago  West  Division  Railway  company. 

§ 555.  Exempting  Canal  street  and  other  streets  from  railway  uses. 

§ 556.  Preservation  of  certain  streets  from  railway  uses. 

| 557.  North  Halsted  substituted  for  North  Desplaines. 

| 558.  Temporary  tracks  on  Clinton  street. 

§ 559.  Desplaines  street  reclaimed. 

§ 560.  Clinton  street. 

§ 561.  Chicago  West  Division  Railway  company. 

§ 562.  Chicago  West  Division  Railway  company. 

| 563.  Chicago  West  Division  Railway  company. 

§ 564.  Chicago  West  Division  Railway  company. 

§ 565.  Chicago  West  Division  Railway  company. 

§ 565a.  Chicago  West  Division  Railway  company. 

§ 566.  Chicago  West  Division  Railway  company. 

§ 567.  Chicago  West  Division  Railway  company. 

§ 568.  Chicago  West  Division  Railway  company, 
g 569.  Chicago  West  Division  Railway  company. 

§ 570.  Chicago  West  Division  Railway  company. 

| 571.  Chicago  West  Division  Railway  company. 

§ 572.  Chicago  West  Division  Railway  company. 

| 573.  Chicago  West  Division  Railway  company, 
g 574.  Chicago  West  Division  Railway  company, 
g 575.  Chicago  City  Railway  company. 

§ 576.  Chicago  West  Division  Railway  company. 

| 577.  Chicago  West  Division  Railway  company. 

§ 578.  Chicago  West  Division  Railway  company. 

§ 579.  Chicago  West  Division  Railway  company. 

| 580.  Chicago  West  Division  Railway  company, 
g 581.  Chicago  West  Division  Railway  company. 

§ 582.  Chicago  West  Division  Railway  company, 
g 583.  Chicago  West  Division  Railway  company, 
g 584.  Chicago  West  Division  Railway  company, 
g 585.  Chicago  West  Division  Railway  company, 
g 586.  Chicago  West  Division  Railway  company, 
g 587.  Chicago  West  Division  Railway  company, 
g 588.  Chicago  West  Division  Railway  company, 
g 589.  Chicago  West  Division  Railway  company, 
g 590.  Chicago  West  Division  Railway  company, 
g 591.  Chicago  West  Division  Railway  company, 
g 592.  Chicago  West  Division  Railway  company, 
g 593.  Chicago  West  Division  Railway  company, 
g 594.  Chicago  West  Division  Railway  company. 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 501.  Chicago  City  Railway  company, 

i-  Preamble — foregoing  ordinance. 

2.  Time  extended. 

![  3.  When  in  force. 

An  ordinance  extending  time  for  the  Chicago  City  Railway  company  to  build 
and  operate  its  street  car  line  in  Forty-seventh  street.  (Passed  February 

23.  1893) 


I 5°2] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1163 


1 1.  Preamble — foregoing  ordinance,]  Whereas,  the  Chicago 
City  Railway  Company,  under  and  pursuant  to  a certain  ordinance 
passed  by  the  city  council  of  the  city  of  Chicago'  on  the  2ist  day  of 
March,  A.  D.  1892,  has  built  and  has  in  operation  the  track  on  Forty- 
seventh  street,  from  Cottage  Grove  avenue  west  to  Ashland  avenue; 
and,  whereas,  difficulties  and  delay  have  arisen  in  obtaining  the  neces- 
sary iron  and  equipment  for  the  track  on  said  Forty-seventh  street, 
west  from  Ashland  avenue,  until  cold  weather  set  in;  and,  whereas, 
the  present  inclement  weather  and  the  severe  cold  of  winter  prevents 
the  laying  of  track  west  from  said  Ashland  avenue,  and  the  proper 
track  cannot  be  laid  till  after  the  expiration  cfi  the  twelve  months  in 
said  ordinance,  passed  March  21st,  1892,  because  of  the  time  of  the 
year,  and,  further,  because  of  the  grade  of  the  street  and  the  lack 
of  the  sewer  therein,  making  it  difficult  to  lay  an  efficient  track  in 
the  winter  and  spring  months:  Now,  therefore, 

1”  2.  Time  extended.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  the  time  within  which  to  build  and 
operate  said  line  is  extended  three  months,  making  the  time  within 
which  said  line  shall  be  built  and  in  operation  on  Forty-seventh 
street  fifteen  months  from  the  passage  of  said  ordinance,  instead  of 
twelve  months,  as  in  said  ordinance  limited  in  the  first  section  thereof. 

3.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 

§ 502.  Chicago  City  Railway  company. 

1.  Grant — time  of  completion. 

2.  Motive  power  optional. 

IT  3.  Improvement  and  repair  of  streets 

4.  Rate  of  fare. 

5.  License  fee. 

6.  Grant  twenty  years. 

*j[  7.  Subject  to  general  ordinances. 

*([  8.  In  force  from  acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 
down,  maintain  and  operate  a street  railway  in  Fifty-seventh  street,  from 
State  street  to  Ashland  avenue.  (Passed  March  21,  1892.) 

1 1.  Grant — time  of  completion.]  Beit  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1 . That  permission  and  authority  are 
hereby  granted  and  given  to  the  Chicago  City  Railway  Company,  its 
successors  and  assigns,  to  lay  down,  maintain  and  operate  a double 
track  street  railway  with  the  necessary  side  tracks,  turnouts  and 
switches,  upon  Fifty-seventh  street,  from  State  street  to  Ashland 
avenue  connecting  with  the  tracks  on  said  State  street  and  Ashland 
avenue;  Provided,  however,  and  the  permission  and  authority  hereby 
granted  are  upon  the  express  condition  that  the  tracks  hereby  author- 
ized shall  be  built  and  in  operation  within  two  years  after  the  pas- 
sage of  this  ordinance,  but  should  the  construction  of  said  tracks,  or 
any  part  thereof,  be  delayed  by  injunction  of  any  court,  or  by  the  ac- 


1164 


STREET  RAILWAYS. 


[§  5°2 


tion  of  the  city  of  Chicago,  then,  as  to  the  portion  so  delayed,  the  time 
of  such  delay  shall  not  be  any  part  of  the  time  herein  limited.  The 
city  of  Chicago  shall  have,  and  it  hereby  expressly  reserves  the  right 
to  intervene  in  any  suit  or  proceeding  brought  seeking  to  enjoin,  re- 
strain or,  in  any  manner  seeking  to  interfere  with  such  construction 
and  to  move  for  the  dissolution  of  such  injunction  or  restraining  order 
and  for  any  other  proper  order  in  said  suit. 

1"  2.  Motive  power  optional.]  § 2.  The  cars  of  said  railway 
on  Fifty-seventh  street,  from  State  street  to  Ashland  avenue,  may  be 
operated  only  by  animal,  electric  or  cable  power;  Provided,  that  if  the 
said  company  shall  adopt  its  so  called  “cable  system,”  the  same  shall 
be  constructed  and  operated  as  provided  by  and  subject  to  the  con- 
ditions of  the  ordinance  of  January  17,  A.  D.  1881,  authorizing  the 
Chicago  City  Railway  Company  to  operate  its  cars  by  other  than  ani- 
mal power,  and  Provided,  further,  when  said  cars  shall  be  operated 
by  cable  or  electric  power,  said  company  may  make  all  needful  and 
convenient  curves,  trenches,  excavations  and  sewer  connections,  and 
may  place  all  needful  and  convenient  cables,  wires  and  conductors  for 
the  transmission  of  electricity  and  machinery  in  or  along  said  street: 
such  cables,  wires  and  conductors  and  machinery  to  be  underground 
and  constructed  in  a substantial  and  workmanlike  manner,  and  un- 
der the  supervision  of  the  commissioner  of  public  works,  so  as  not 
to  interfere  with  the  public  travel;  Provided,  that  if  in  the  construc- 
tion of  said  trenches  and  excavations  any  damage  or  injury  shall  result 
to  any  of  the  sewers,  water  pipes  or  private  drains  or  other  works  of 
the  city  of  Chicago,  then  said  company  shall  be  held  liable  and  pay 
therefor.  If  at  any  time,  by  reason  of  the  permission  hereby  granted, 
and  the  making  of  such  trenches  and  the  running  of  such  cables, 
wires  and  conductors,  or  the  construction  or  operation  of  said  road 
under  any  system  of  motive  power,  any  injury  or  damage  shall  result 
to  any  person  or  property,  then  said  company  shall  be  liable  there- 
for. All  needful  and-  convenient  connections  with  the  motive  power 
or  engines  shall  be  subject  to  the  same  restrictions.  The  aperture 
opening  in  to  said  trenches  where  cable  or  electric  power  is  used  shall 
not  exceed  five-eights  of  an  inch  in  width,  and  in  case  said  road  shall 
be  operated  by  cable  or  electric  power,  said  company  may  operate  not 
exceeding  three  cars  and  one  grip  car  attadied  together,  with  one 
conductor  in  charge  of  each  car.  And  in  the  event  that' some  more 
favorable  and  practicable  method  of  furnishing  electricity  or  other  mo- 
tive power  for  the  operation  of  said  road  be  discovered,  said  Chicago 
City  Railway  Company,  its  successors  or  assigns,  shall  have  the  right 
to  adopt  the  same  in  the  place  of  or  in  connection  with  the  use  of 
said  cable  or  electric  system,  subject  to  the  approval  of  the  mayor  and 
commissioner  of  public  works.  And  it  is  further  provided  that  other 
motive  power  may  be  used  upon  the  approval  and  consent  of  the 
mayor  and  commissioner  of  the  department  of  public  works. 


§ S°3] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1165 


If  3.  Improvement  and  repair  of  streets.]  § 3.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  the  said  company  shall,  and  by  the  acceptance  hereof  by  said 
company,  agrees  that  it  will  fill,  grade,  pave  and  keep  in  repair  eight 
(8)  feet  in  width  where  a single  track  is  used,  and  sixteen  (16)  feet  in 
width  where  a double  track  is  used,  in  the  center  of  said  street,  in  the 
manner  provided  by  and  under  section  two  (2)  of  the  ordinance  of 
July  30,  1883,  relating  to  street  railways. 

IT  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  shall  not  exceed  five 
cents  for  any  distance  between  Madison  street  Ind  the  terminus  of  the 
line  hereby  authorized;  and  passengers  upon  the  line  hereby  authoi- 
ized,  and  passengers  upon  any  line  belonging  to  or  operated  by  said 
company  which  may  at  any  time  cross  or  connect  with  the  line  hereby 
authorized  shall,  on  payment  of  cash  fare,  be  transferred  from  one  of 
said  lines  to  the  other  at  the  point  of  such  crossing  without  additional 
fare. 

f 5.  License  fee.]  § 5.  As  regards  the  license  to  be  paid  on  the 
cars  to  be  operated  on  the  line  herein  provided,  the  said  company  shall 
conform  to  section  1 of  an  ordinance  passed  July  30,  1883,  relating  to 
street  railways. 

f 6.  Grant  20  years.]  § 6.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  passage  hereof ; Pro- 
vided that  the  same  shall  be  accepted  by  said  company  within  thirty 
(30)  days  after  its  passage. 

1 7.  Subject  to  general  ordinances.]  § 7.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  street 
railways  and  to  all  ordinances  affecting  the  lines  of  railways  of  which 
the  lines  hereby  authorized  are  an  extension. 

T 8.  In  force  from  acceptance.]  § 8.  This  ordinance  shall  be 
in  force  and  take  effect  from  and  after  its  passage  and  acceptance 
by  said  company;  Provided,  said  acceptance  shall  be  within  thirty 
days  from  the  passage  thereof. 

§ 503.  Chicago  City  Railway  company. 

1.  Grant — route — completion. 

TJ  2.  Motive  power— construction. 

Hi  3-  Improvement  and  repair  of  streets 

Hi  4.  Rate  of  fare. 

Hi  5-  License  fee. 

if  6.  Subject  to  general  ordinances. 

Hi  7-  In  force  upon  acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 

down,  maintain  and  operate  a street  railway  in  Sixty-first  and  other  streets 

therein  named.  (Passed  March  21,  1892.  Accepted  April  14,  1892.) 

1 1.  Grant— route— completion.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 


1166 


STREET  RAILWAYS. 


are  hereby  granted  and  given  to  the  Chicago  City  Railway  Company, 
its  successors  and  assigns,  to  lay  down,  maintain  and  operate  a single 
or  double  track  street  railway,  with  the  necessary  side  tracks,  turn- 
outs and  switches,  upon  and  along  Sixty-first  street,  from  the  inter- 
section of  Cottage  ‘Grove  avenue  east  to  the  middle  of  Madison  ave- 
nue, thence  south  along  Madison  avenue  to  the  middle  of  the  inter- 
section of  Sixty-first  court,  thence  along  said  Sixty-first  court  east 
to  its  intersection  with  South  Park  court,  thence  north  along  South 
Park  court  to  Sixty-first  street,  thence  under  the  tracks  of  the  Illinois 
Central  Railroad  Company,  in,  upon  and  along  Sixty-first  street  to 
Stony  Island  avenue,  thence  south  along  Stony  Island  avenue  to  its 
intersection  with  Sixty-second  street,  thence  west  along  Sixty-second 
street  to-  a point  on  said  street  opposite  Grace  avenue,  thence  north 
along  and  over  any  property  acquired  by  or  belonging  to  said  Chi- 
cago City  Railway  Company  to  Sixty-first  street  with  the  right  to  con- 
nect the  tracks  with  the  tracks  on  said  Sixty-first  street;  Provided,  how- 
ever, and  the  permission  and  authority  hereby  given  are  upon  the 
express  condition  that  the  various  tracks  hereby  authorized  shall  be 
built  and  in  operation  within  fifteen  months  after  the  passage  of  this 
ordinance;  but  should  the  construction  of  said  tracks,  or  any  part 
thereof,  be  delayed  by  injunction  of  any  court,  or  by  the  action  of  the 
city  of  Chicago,  then,  as  to  the  portion  so-  delayed,  the  time  of  such 
delay  shall  not  be  any  part  of  the  time  herein  limited;  the  city  of 
Chicago  shall  have,  and  it  hereby  expressly  reserves,  the  right  to  in- 
tervene in  any  suit  or  proceeding  brought,  seeking  to  enjoin,  restrain 
or  in  any  manner  seeking  to  interfere  with  such  construction,  and 
move  for  the  dissolution  of  such  injunction,  or  restraining  order,  and 
for  any  other  proper  order  in  such  suit. 

1 2.  Motive  power— construction.]  § 2.  The  cars  of  said  rail- 
way on  the  streets  and  parts  of  streets  hereinbefore  described  and 
designated,  may  be  operated  only  by  animal,  electric  or  cable  power; 
Provided,  that  if  the  said  company  shall  adopt  its  so-called  “cable 
system”  the  same  shall  be  constructed  and  operated  as  provided  by 
and  subject  to  the  conditions  of  the  ordinance  of  January  17,  A.  D. 
1881,  authorizing  the  Chicago  City  Railway  Company 'to  operate 
its  cars  by  other  than  anifnal  power;  and  provided  further,  when  said 
cars  shall  be  operated  by  cable  or  electric  power,  said  company  may 
make  all  needful  and  convenient  curves,  trenches,  excavations  and 
sewer  connections,  and  may  place  all  needful  and  convenient  cables, 
wires  and  conductors  for  the  transmission  of  electricity  and  machinery 
in  or  along  said  street;  such  cables,  wires  and  conductors  and  ma- 
chinery to  be  underground  and  constructed  in  a substantial  and  work- 
manlike manner  and  under  the  supervision  of  the  commissioner  of 
public  works,  so  as  not  to  interfere  with  the  public  travel;  Provided, 
that  if  in  the  construction  of  said  trenches  and  excavations  any  dam- 
age or  injury  shall  result  to  any  of  the  sewers,  water  pipes  or  private 


§ 5°3] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1167 


drains  or  other  works  of  the  city  of  Chicago,  then  said  company 
shall  be  held  liable  and  pay  therefor.  If,  at  any  time,  by  reason  of 
the  permission  hereby  granted  and  the  making  of  such  trenches  and 
the  running  of  such  cables,  wires  and  conductors  or  the  construction 
or  operation  of  said  road,  under  any  system  of  motive  power,  any 
injury  or  damage  shall  result  to  any  person  or  property,  then  said 
company  shall  be  liable  therefor.  All  needful  and  convenient  con- 
nections with  the  motive  power  or  engines  shall  be  subject  to  the 
same  restrictions.  The  aperture  opening  in  to  said  trenches,  where 
cable  or  electric  power  is  used,  shall  not  exceed  five-eighths  of  an 
inch  in  width,  and  in  case  said  road  shall  be  operated  by  cable  or  elec- 
tric power,  said  company  may  operate  not  exceeding  three  cars  and 
one  grip  car  attached  together,  with  one  conductor  in  charge  of  each 
car.  And,  in  the  event  that  some  more  favorable  and  practicable 
method  of  furnishing  electricity  or  other  motive  power  for  the  opera- 
tion of  said  road  be  discovered,  said  Chicago  City  Railway  Company, 
its  successors  or  assigns,  shall  have  the  right  to  adopt  the  same  in 
the  place  of  or  in  connection  with  the  use  of  said  cable  or  electric 
system,  approved  by  the  mayor  and  commissioner  of  public  works. 
And  it  is  further  provided,  that  other  motive  power  may  be  used  upon 
the  approval  and  consent  of  the  mayor  and1  the  commissioner  of  the 
department  of  public  works;  and  it  is  further  provided,  that  if  said 
company  shall  elect  to  propel  and  operate  its  cars  by  electric  power,  the 
same  may  be  operated  and  propelled  by  electric  overhead  contact  wires, 
suspended  from  poles  set  within  the  curb  line  limit  of  the  street  on  either 
side  thereof.  Said  poles  and  cross-arms  to  be  used  shall  be  of  such  style 
and  appearance  as  shall  be  approved  by  the  commissioner  of  public 
works  and  so  adjusted  as  to  obstruct  the  public  use  of  the  streets  or 
sidewalks  as  little  as  possible,  such  poles  and  wires  to  be  erected 
and  maintained  for  the  purpose  of  supplying  electric  current  which 
can  be  used  for  power,  heat  and  light  purposes  connected  with  Chi- 
cago City  Railway  Company  exclusively.  The  said  wires  shall  be 
suspended  not  less  than  eighteen  and  one-half  feet  above  the  rails,  and 
the  said  poles  and  supports  shall  be  placed  on  an  average  of  not  less 
than  one  hundred  and  fifteen  feet  apart,  except  at  the  intersection  of 
streets  and  avenues,  when  the  said  distance  will  place  the  poles  or 
supports  on  intersecting  streets  and  avenues;  and  to  enable  the  said 
road  to  be  so  operated  by  electricity,  the  said  Chicago  City  Railway 
Company,  its  successors  and  assigns,  shall  have  the  right  to  connect 
the  wires  herein  authorized  with  the  generator  or  power  station  or 
any  station  or  car  houses  that  may  be  erected  in  connection  with  said 
railroad  or  with  any  power  house  or  station  along  any  of  the  lines 
of  road  of  said  company,  used  by  it  in  connection  with  its  cable,  horse 
or  electric  system,  and  may  convey  said  wires  from  such  power  houses 
or  stations  to  said  street  herein  mentioned  in  an  underground  conduit, 
which  said  conduit  shall  be  used  for  the  purpose  herein  set  forth 


1168 


STREET  RAILWAYS. 


[§  5°4 


only.  And  it  is  further  provided,  that  other  motive  power  may  be 
used  upon  the  approval  and  consent  of  the  mayor  and  the  commis- 
sioner of  the  department  of  public  works.  And  it  is  especially  pro- 
vided that  no  trolley  overhead  wire  shall  be  erected  or  used,  except 
upon  consent  and  approval  of,  and  conditions  imposed  by,  the  mayor 
and  commissioner  of  public  works. 

IT  3.  Improvement  and  repair  of  streets.]  § 3.  The  permission 
and  authority  hereby  given  are  on  the  further  express  condition  that 
the  said  company  shall  and,  by  the  acceptance  hereof  by  said  com- 
pany, agrees  that  it  will  fill,  grade,  pave  and  keep  in  repair  eight  (8) 
feet  in  width  where  a single  track  is  used,  and  sixteen  (16)  feet  in 
width  where  a double  track  is  used,  in  the  center  of  said  streets  so 
occupied,  in  the  manner  as  provided  by  section  two  (2)  of  the  ordi- 
nance of  July  30,  1883,  relating  to  street  railways. 

IT  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  shall  not  exceed  five 
(5)  cents  for  any  distance  between  Madison  street  and  the  termini 
of  the  lines  hereby  authorized;  and  passengers  upon  the  lines  hereby 
authorized  and  passengers  upon  any  line  belonging  to  or  operated  by 
said  company  which  may,  at  any  time,  cross  or  connect  with  the  line 
hereby  authorized  shall,  on  payment  of  cash  fare,  be  transferred  from 
one  of  said  lines  to  the  other  without  additional  fare. 

if  5.  License  fee.]  § 5.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  lines  herein  provided,  the  said  company 
shall  conform  to  section  one  of  an  ordinance  passed  July  30,  1883, 
relating  to  street  railways. 

If  6.  Grant  20  years.]  § 6.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  Pro- 
vided, the  same  shall  be  accepted  by  said  company  within  thirty  days 
after  its  passage. 

if  7.  Subject  to  general  ordinances.]  § 7.  The  privileges 
hereby  granted  are  subject  to1  all  the  general  ordinances  of  the  city 
of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to 
street  railways  and  to  all  ordinances  affecting  the  lines  of  railways 
of  which  the  lines  hereby  authorized  are  extensions. 

if  8.  In  force  upon  acceptance.]  § 8.  This  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  acceptance 
by  the  said  company;  provided,  said  acceptance  shall  be  within  thirty 
days  from  the  passage  hereof. 

§ 5°4-*' Chicago  City  Railway  company. 

^ 1.  Grant — route — completion. 

If  2.” Motive  power — construction. 

1[  3.  Improvement  and  repair  of  streets. 

IF  4.  Rate  of  fare, 
if  5.  License  fee. 
if  6.~Grant  twenty  years. 


§ 5°4] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1169 


7.  Subject  to  general  ordinances. 

IT  8.  In  effect  upon  acceptance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  lay  down, 

maintain  and  operate  a street  railway  in  Fifty-seventh  street,  from  State 

street  to  Ashland  avenue.  (Passed  May  2,  1892,) 

1 1.  Grant— route — completion.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  granted  and  given  to  the  Chicago  City  Railway  Company, 
its  successors  and  assigns,  to  lay  down,  maintain  and  operate  a double 
track  street  railway,  with  the  necessary  side-fracks,  turn-outs  and 
switches,  upon  Fifty-seventh  street,  from  State  street  to  Ashland  ave- 
nue, connecting  with  the  tracks  on  said  State  street  and  Ashland 
avenue;  Provided,  however,  and  the  permission  and  authority  hereby 
granted  are  upon  the  express  condition  that  the  tracks  hereby  au- 
thorized shall  be  built  and  in  operation  within  two  years  after  the 
passage  of  this  ordinance;  but  should  the  construction  of  said  tracks, 
or  any  part  thereof,  be  delayed  by  injunction  of  any  court,  or  by  the 
action  of  the  city  of  Chicago,  then,  as  to  the  portion  so  delayed, 
the  time  of  such  delay  shall  not  be  any  part  of  the  time  herein  limited. 
The  city  of  Chicago'  shall  have,  and  it  hereby  expressly  reserves,  the 
right  to  intervene  in  any  suit  or  proceeding  brought  seeking  to  en- 
join, restrain  or  in  any  manner  seeking  to  interfere  with  such  con- 
struction, and  to  move  for  the  dissolution  of  such  injunction,  or 
restraining  order,  and  for  any  other  proper  order  in  such  suit. 

IT  2.  Motive  power — construction.]  § 2.  The  cars  of  said  rail- 
way on  Fifty-seventh  street,  from  State  street  to  Ashland  avenue, 
may  be  operated  only  by  animal,  electric  or  cable  power;  Provided, 
that  if  the  said  company  shall  adopt  its  so-called  “cable  system”  the 
same  shall  be  constructed  and  operated  as  provided  by  and  subject 
to  the  conditions  of  the  ordinance  of  January  17th,  A.  D.  1881,  au- 
thorizing the  Chicago'  City  Railway  Company  to  operate  its  cars 
by  other  than  animal  power;  and  provided,  further,  when  said  cars 
shall  be  operated  by  cable  or  electric  power,  said  company  may  make 
all  needful  and  convenient  curves,  trenches,  excavations  and  sewer 
connections,  and  may  place  all  needful  and  convenient  cables,  wires 
and  conductors  for  the  transmission  of  electricity,  and  machinery,  in 
or  along  said  street ; such  cables,  wires  and  conductors  and  machinery 
to  be  underground  and  constructed  in  a substantial  and  workmanlike 
manner,  and  under  the  supervision  of  the  commissioner  of  public 
works,  so  as  not  to  interfere  with  the  public  travel;  Provided,  that  if, 
in  the  construction  of  said  trenches  and  excavations,  any  damage  or 
injury  shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains 
or  other  works  of  the  city  of  Chicago,  then  said  company  shall  be 
held  liable  and  pay  therefor.  If,  at  any  time,  by  reason  of  the  per- 
mission hereby  granted,  and  the  making  of  such  trenches  andi  the 
running  of  such  cables,  wires  and  conductors,  or  the  construction  or 


74 


1170 


STREET  RAILWAYS. 


[§  5°4 


operation  of  said  road,  under  any  system  of  motive  power,  any  injury 
or  damage  shall  result  to  any  person  or  property,  then  said  com- 
pany shall  be  liable  therefor.  All  needful  and  convenient  connections 
with  the  motive  power  or  engines  shall  be  subject  to  the  same  restric- 
tions. The  aperture  opening  into  said  trenches  where  cable  or  electric 
power  is  used  shall  not  exceed  five-eighths  of  an  inch  in  width,  and 
in  case  said  road  shall  be  operated  by  cable  or  electric  power,  said 
company  may  operate  not  exceeding  three  cars  and  one  grip  car 
attached  together,  with  one  conductor  in  charge  of  each  car.  And,  in 
the  event  that  some  more  favorable  and  practicable  method  of  furnish- 
ing electricity  or  other  motive  power  for  the  operation  of  said  road  be 
discovered,  said  Chicago  City  Railway  Company,  its  successors  or  as- 
signs, shall  have  the  right  to  adopt  the  same  in  the  place  of  or  in  con- 
nection with  the  use  of  said  cable  or  electric  system,  subject  to  the  ap- 
proval of  the  mayor  and  commissioner  of  public  works.  And  it  is 
further  provided,  that  other  motive  power  may  be  used  upon  the  ap- 
proval and  consent  of  the  mayor  and  commissioner  of  the  department 
of  public  works. 

If  3.  Improvement  and  repair  of  streets.]  § 3.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  the  said  company  shall,  and,  by  the  acceptance  hereof  by  said 
company,  agrees  that  it  will,  fill,  grade,  pave  and  keep  in  repair  eight 
(8)  feet  in  width  where  a single  track  is  used,  and  sixteen  (16)  feet  in 
width  where  a double  track  is  used,  in  the  center  of  said  street,  in  the 
manner  provided  by  and  under  section  two  (2)  of  the  ordinance  of 
July  30th,  1883,  relating  to  street  railways. 

1"  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  any  distance  between  Madison  street  and  the  terminus 
of  the  line  hereby  authorized,  and  passengers  upon  the  line  hereby 
authorized,  and  passengers  upon  any  line  belonging  to  or  operated  by 
said  company  which  may  at  any  time  cross  or  connect  with  the  line 
hereby  authorized,  shall,  on  payment  of  cash  fare,  be  transferred  from 
one  of  said  lines  to  the  other  at  the  point  of  such  crossing,  without  ad- 
ditional fare. 

If  5.  License  fee.]  § 5.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  the  said  company 
shall  conform  to  section  1 of  an  ordinance  passed1  July  30th,  1883,  re- 
lating to  street  railways. 

f 6.  Grant  twenty  years.]  § 6.  The  grant  herein  given  shall 
extend  for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  Pro- 
vided, that  the  same  shall  be  accepted  by  said  company  within  ninety 
(90)  days  after  its  passage. 

IT  7.  Subject  to  general  ordinances.]  § 7.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  street 


§ 5°5] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1171 


railways,  and  to  all  ordinances  affecting  the  lines  of  railways  of  which 
the  lines  hereby  authorized  is  an  extension. 

18.  In  effect  upon  acceptance.]  § 8.  This  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  acceptance 
by  said  company,  provided  said  acceptance  shall  be  within  ninety  days 
from  the  passage  thereof. 

§ 505.  Chicago  City  Railway  company. 

1.  Grant — route — completion. 

2.  Motive  power — construction. 

■fT  3.  Improvement  and  repair  of  streets.  / 

1 4.  Rate  of  fare. 

1 5.  License  fee.  , 

1 6.  Term  twenty  years. 

1 7.  Subject  to  general  ordinances. 

1 8.  When  in  effect — acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 
down,  maintain  and  operate  a street  railway  in  certain  streets  therein  named. 
(Passed  July  21,  1892.  Accepted  July  30,  1892.) 

1 1.  Grant— route— completion.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  granted  and  given  to  the  Chicago  City  Railway  Company, 
its  successors  and  assigns,  to  lay  down,  maintain  and  operate  a single 
or  double  track  street  railway,  with  the  necessary  side-tracks,  turnouts 
and  switches,  beginning  at  the  intersection  of  Sixty-first  street  and 
Madison  avenue,  and  from  such  point  in  an  easterly  direction,  upon, 
along  and  over  such  property  as  the  Chicago  City  Railway  Company 
may  own  or  acquire,  and  alley  adjacent  thereto  and  intervening  be- 
tween Madison  avenue  and  South  Park  court,  to  the  middle  of  South 
Park  court,  thence  upon,  along  and  over  South  Park  court  north  to  the 
intersection  of  Sixtieth  street,  with  the  right  to  connect  and  operate 
the  tracks  herein  designated  and  described  with  the  track  or  tracks  on 
Sixty-first  street  at  said  intersection  of  Madison  avenue;  Provided, 
however,  and  the  permission  and  authority  hereby  given  are  upon  the 
express  condition,  that  the  various  tracks  hereby  authorized  shall  be 
built  and  in  operation  within  9 months  after  the  passage  of  this  ordi- 
nance; but  should  the  construction  of  said  tracks  or  any  part  thereof 
be  delayed  by  injunction  of  any  court,  or  by  the  action  of  the  city  of 
Chicago,  then  as  to  the  portion  so  delayed,  the  time  of  such  delay  shall 
not  be  any  part  of  the  time  herein  limited;  the  city  of  Chicago  shall 
have  the  right,  and  it  hereby  expressly  reserves  the  right,  to  intervene 
in  any  suit  or  proceeding  brought  seeking  to  enjoin,  restrain,  or  in  any 
manner  seeking  to  interfere  with,  such  construction,  and  to  move  for 
the  dissolution  of  such  injunction,  or  restraining  order,  and  for  any 
proper  order  in  such  suit. 

If  2.  Motive  power —construction.]  § 2.  The  cars  of  said 
railway  on  the  streets  and  parts  of  streets  heretofore  described  and  des- 
ignated may  be  operated  only  by  animal,  electric  or  cable  power;  Pro- 


1172 


STREET  RAILWAYS. 


I§  505 


vided,  that,  if  the  said  company  shall  adopt  its  so-called  “cable  sys- 
tem,” the  same  shall  be  constructed  and  operated  as  provided  by  and 
subject  to  the  conditions  of  the  ordinance  of  January  17th,  A.  D.  1881, 
authorizing  the  Chicago  City  Railway  Company  to  operate  its  cars  by 
other  than  animal  power;  and,  provided,  further,  when  said  cars  shall 
be  operated  by  cable  or  electric  power,  said  company  may  make  all 
needful  and  convenient  curves,  trenches,  excavations  and  sewer  con- 
nections, and  may  place  all  needful  and  convenient  cable,  wires  and 
conductors  for  the  transmission  of  electricity,  and  machinery,  in  and 
along  said  street;  such  cables,  wires  and  conductors  and  machinery  to 
be  under  ground  and  constructed  in  a substantial  and  workmanlike 
manner,  and  under  the  supervision  of  the  commissioner  of  public 
works,  so  as  not  to  interfere  with  the  public  travel;  Provided,  that  if, 
in  the  construction  of  said  trenches  and  excavations,  any  damage  or 
injury  shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains, 
or  other  works  of  the  city  of  Chicago,  then  said  company  shall  be  held 
liable  and  pay  therefor.  If,  at  any  time,  by  reason  of  the  permission 
hereby  granted,  and  the  making  of  such  trenches  and  the  running  of 
such  cables,  wires  and  conductors,  or  the  construction  and  operation 
of  said  road  under  any  system  of  motive  power,  any  injury  or  damage 
shall  result  to  any  person  or  property,  then  said  company  shall  be  liable 
therefor.  All  needful  and  convenient  connections  with  the  motive 
power  or  engine  shall  be  subject  to  the  same  restrictions.  The  aper- 
ture opening  into  said  trenches  where  cable  or  electric  power  is  used 
shall  not  exceed  five-eighths  of  an  inch  in  width,  and,  in  case  said  road 
shall  be  operated  by  cable  or  electric  power,  said  company  may  oper- 
ate not  exceeding  three  cars  and  one  grip  car  attached  together,  with 
one  conductor  in  charge  of  each  car.  And  in  the  event  that  some 
more  favorable  and  practicable  method  of  furnishing  electricity  or 
other  motive  power  for  the  operation  of  said  road  be  discovered,  said 
Chicago  City  Railway  Company,  its  successors  or  assigns,  shall  have 
the  right  to  adopt  the  same  in  the  place  of  or  in  connection  with  the 
use  of  said  cable  or  electric  system  approved  by  the  mayor  and  com- 
missioner of  public  works.  And  it  is  further  provided  that  other  mo- 
tive power  may  be  used  upon  the  approval  and  consent  of  the  mayor 
and  the  commissioner  of  the  department  of  public  works.  And  it  is 
further  provided  that,  if  said  company  shall  elect  to  propel  and  oper- 
ate its  cars  by  electric  power,  the  same  may  be  operated  and  propelled 
by  electric  overhead  contact  wires,  suspended  from  poles  set  within  the 
curb  line  limit  of  the  street  on  either  side  thereof.  Said  poles  and 
cross  arms  to  be  used  shall  be  of  such  style  and  appearance  as  shall 
be  approved  by  the  commissioner  of  public  works,  and  so  adjusted  as 
to  obstruct  the  public  use  of  the  streets  or  sidewalks  as  little  as  possi- 
ble; such  poles  and  wires  to  be  erected  and  maintained  for  the  pur- 
pose of  supplying  electric  current  which  can  be  used  for  power,  beat 
and  light  purposes  connected  with  the  Chicago  City  Railway  Com- 
pany exclusively.  The  said  wires  shall  be  suspended  not  less  than 


§ 5°5] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1173 


eighteen  and  one-half  feet  above  the  rails,  and  the  said  poles  and  sup- 
ports shall  be  placed  on  an  average  of  not  less  than  one  hundred  and 
fifteen  feet  apart,  except  at  the  intersection  of  streets  and  avenues, 
when  the  said  distance  will  place  the  poles  or  supports  on  intersecting 
streets  and  avenues;  and,  to  enable  the  said  road  to  be  so  operated  by 
electricity,  the  said  Chicago  City  Railway  Company,  its  successors  and 
assigns,  shall  have  the  right  to  connect  the  wires  herein  authorized 
with  the  generator  or  power  station  or  any  station  or  car-houses  that 
may  be  erected  in  connection  with  said  railroad,  or  with  any  power- 
house or  station  along  any  of  the  lines  of  road  pi  said  company  used 
by  it  in  connection  with  its  cable,  horse  or  electric  system,  and  may 
convey  said  wires  from  such  power  houses  or  stations  to  said  streets 
herein  mentioned  in  an  underground  conduit,  which  said  conduit  shall 
be  used  for  the  purpose  herein  set  forth  only;  and  it  is  further  pro- 
vided that  other  motive  power  may  be  used  upon  the  approval  and 
consent  of  the  mayor  and  the  commissioner  of  public  works,  and  it  is 
especially  provided  that  no  trolley  over  headwire  shall  be  erected  or 
used,  except  upon  consent  and  approval  of  and  conditions  imposed  by 
the  mayor  and  commissioner  of  public  works. 

1 3.  Improvement  and  repair  of  streets.]  § 3.  The  permission 
and  authority  hereby  given  are  on  the  further  express  condition  that 
said  company  shall,  and  by  the_  acceptance  hereof  by  said  company 
agrees  that  it  will,  fill,  grade,  pave  and  keep  in  repair  eight  (8)  feet  in 
width  where  a single  track  is  used  and  sixteen  (16)  feet  in  width  where 
a double  track  is  used,  in  the  center  of  said  street  so  occupied;  in  the 
manner  as  provided  by  section  two  (2)  of  the  ordinance  of  July  30th, 
1883,  relating  to  street  railways. 

T 4.  Rate  of  fare.]  § 4.  The  rate  of  fare  shall  not  ex- 
ceed five  (5)  cents  for  any  distance  between  Madison  street  and  the 
termini  of  the  lines  hereby  authorized,  and  passengers  upon  the  lines 
hereby  authorized,  and  passengers  upon  any  line  belonging  to  or  op- 
erated by  said  company  which  may,  at  any  time,  cross  or  connect  with 
the  line  hereby  authorized,  shall,  on  payment  of  cash  fare,  be  trans- 
ferred from  one  of  said  lines  to  the  other  at  the  point  of  such  crossing 
without  additional  fare. 

T 5.  License  fee.]  § 5.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  lines  herein  provided,  the  said  company 
shall  conform  to  section  one  (1)  of  an  ordinance  passed  July  30th,  1883, 
relating  to  street  railways. 

If  6.  Term  twenty  years.]  § 6.  The  grant  herein  given  shall 
extend  for  the  term  of  twenty  (20)  years  from  the  passage  hereof,  pro- 
vided the  same  shall  be  accepted  by  said  company  within  thirty  (30) 
days  after  its  passage. 

f 7.  Subject  to  general  ordinances.]  § 7.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 


1174 


STREET  RAILWAYS. 


[§506 


Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  street 
railways,  and  to  all  ordinances  affecting  the  lines  of  railway  of  which 
the  lines  hereby  authorized  are  extensions. 

1”  8.  When  in  effect— acceptance.]  § 8.  This  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  acceptance 
by  the  said  company;  provided,  said  acceptance  shall  be  within  thirty 
(30)  days  from  the  passage  hereof. 

§ 506.  Chicago  City  Railway  company. 

U 1.  Grant — route. 

it  2.  Route — conditions. 

If  3.  When  in  effect. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  con- 
struct a line  of  overhead  feeder  wire  from  its  power  house  over  certain 
streets.  (Passed  February  23,  1893.  Accepted  March  20,  1893  ) 

IT  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  the  Chicago  City  Railway  Company  is 
hereby  empowered  and  authorized  to  conduct  and  convey  electric 
power  from  its  power-house,  situated  at  the  corner  of  Fifty-second 
street  and  Wabash  avenue,  through  or  with  an  overhead  feeder  wire 
erected  on  poles  now  placed  and  already  erected  in  and  upon  the 
streets  or  alleys  of  the  city  of  Chicago,  from  said  Fifty-second  street 
and  Wabash  avenue  to  Thirty-fifth  street,  Forty-seventh  street,  Sixty- 
first  street  and  Sixty-third  street,  for  the  purpose  of  propelling  the  cars 
upon  said  last-named  streets  by  electricity,  transmitting  the  same 
through  and  by  said  feeder  wire  from  such  power-house  to  said  streets 
respectively. 

1"  2.  Route — conditions.]  § 2.  And  the  said  Chicago  City 

Railway  Company  is  hereby  authorized  and  empowered  to  carry  said 
feeder  wire  from  said  Fifty-second  street  and  Wabash  avenue,  to  said 
above  described  streets,  upon  the  poles  now  in  or  upon  the  streets  and 
alleys  between  said  points,  upon  such  terms  and  conditions  as  may 
be  agreed  upon  between  the  Chicago  City  Railway  Company  and  the 
owners  or  persons  controlling  said  poles  now  existing  between  the 
points  aforesaid;  Provided,  that  said  feeder  wire  is  erected  and  placed 
thereon  under  the  supervision  and  direction  of  the  commissioner  of 
public  works,  and  upon  such  terms  and  conditions  as  the  mayor  and 
the  commissioner  of  public  works  may  impose.  And  the  Chicago  City 
Railway  Company  is  hereby  authorized  and  empowered  to  propel  and 
operate  its  cars  by  electricity,  with  overhead  trolley  wire,  in  and  upon 
State  street,  Sixty-first  street  south  to  the  viaduct,  thence  upon  and 
over  the  viaduct  to  Wentworth  avenue,  thence  upon  Wentworth  ave- 
nue south  to  Sixty-third  street,  and  thence  on  Sixty-third  street  west 
to  the  terminus  of  the  tracks  of  the  Chicago  City  Railway  Company  on 
that  street;  meaning  and  intending  to  grant  authority  to  said  companv 
to  propel  and  operate  its  cars  by  electricity,  with  said  overhead  trolley 


§ S°7 ] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1175 


wire  over  the  lines  described,  between  the  west  terminus  of  its  track 
on  Sixty-third  street  and  the  intersection  of  Sixty-first  and  State 
streets  ;and  it  is  further  .authorized  and  empowered  to  erect  poles  neces- 
sary thereto  along  said  line  or  route,  but  with  the  approval  and  under 
the  direction  of  the  commissioner  of  public  works,  and  upon  the  con- 
ditions for  erecting  poles  as  contained  in  an  ordinance  passed  March 
21  st,  1892,  for  propelling  cars  by  electricity  on  Sixty-first  street  east 
from  State  street.  It  is  hereby  agreed  by  said  Chicago  City  Railway 
Company  that  all  cars  run  by  electricity  crossing  the  Sixty-first  street 
viaduct  shall  run  through  to  the  Illinois  Central  Railroad  Company 
loop  at  the  World’s  Fair  grounds;  Provided,  tlrat  said  Chicago  City 
Railway  Company  shall  place  said  feeder  wires  under  ground  when,  in 
the  judgment  of  the  mayor  and  commissioner  of  public  works,  a prac- 
ticable system  for  so  doing  shall  be  discovered. 

3.  When  in  effect.]  § 3.  This  ordinance  will  be  in  force 
and  take  effect  from  and  after  its  passage. 

§ 507.  Chicago  City  Railway  company. 

IF  1.  Grant,  Halsted  street. 

2.  Animal,  electric  or  cable  power — how  constructed — restora- 
tion of  streets — feeder  wires. 

IF  3.  Permits  underground  system. 

TF  4.  Return  circuit — guard  wires. 

^F  5*  Improvement  and  repair  of  streets. 

IF  6.  Rate  of  fare. 

IT  7-  License  fee. 

TT  8.  Grant  twenty  years — acceptance. 

IF  9.  Subject  to  general  ordinances. 

IF  10.  Indemnity  clause — bond. 

If  ii-  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  ex- 
tend its  Halsted  street  line.  (Passed  July  16,  1894.  Accepted  July  27,  1894.) 

1"  1.  Grant — Halsted  street.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago : § 1.  That  permission  and  authority  are  here- 

by granted  and  given  to  the  Chicago  City  Railway  Company,  its  suc- 
cessors and  assigns,  and  the  said  company  is  hereby  required,  to  lay 
down,  maintain  and  operate  a double-track  street  railway,  with  the 
necessary  side-tracks,  turnouts  and  switches  upon  Halsted  street,  in 
the  city  of  Chicago,  from  Sixty-ninth  street  to  Seventy-ninth  street, 
and  to  connect  with  its  present  line  of  railroad  on  Halsted  street  and 
the  lines  which  it  intersects;  Provided,  however,  and  the  permission 
and  authority  hereby  granted  are  upon  the  express  condition,  that  the 
track  from  Sixty-ninth  street  to  Seventy-ninth  street  shall  be  built  and 
in  operation  within  twenty-four  months  after  the  passage  of  this  ordi- 
nance, and,  unless  so  completed  and  in  operation  within  said  time,  the 
city  of  Chicago  shall  have  the  right  to  remove  all  tracks  laid  down  by 
virtue  of  this  ordinance,  and  the  said  company  shall  pay  to  the  city  of 
Chicago  the  costs  of  such  removal ; but  should  the  construction  of  said 


1176 


STREET  RAILWAYS. 


[§  507 


tracks  or  any  part  thereof  be  delayed  by  injunction  of  any  court,  or  by 
the  action  of  the  city  council,  then,  as  to  the  portion  so  delayed,  the 
time  of  such  delay  shall  be  excluded  from  -the  time  herein  limited;  Pro- 
vided, however,  that  such  exclusion  shall  date  only  from  the  time  when 
the  said  company  shall  have  given  notice  to  the  corporation  counsel 
of  the  city  of  Chicago  of  the  institution  of  such  legal  proceedings.  The 
city  of  Chicago  shall  have,  and  it  hereby  expressly  reserves,  the  right 
to  intervene  in  any  suit  or  proceedings  brought,  seeking  to  enjoin, 
restrain,  or  in  any  manner  seeking  to  interfere  with,  such  construction, 
and  to  move  for  the  dissolution  of  such  injunction  or  restraining  order, 
or  for  any  other  proper  order  in  such  suit. 

1 2.  Animal, electric  or  cable  power — how  constructed— restora- 
tion of  streets— feeder  wires.]  § 2.  The  cars  of  said  railway  company 
on  Halsted  street  may  be  operated  by  animal,  electric  or  cable  power; 
Provided,  that,  if  the  said  company  shall  adopt  its  so-called  “cable 
system,”  the  same  shall  be  constructed  and  operated  as  provided  by 
and  subject  to  the  conditions  of  the  ordinance  passed  January  17,  A.  D. 
1881,  authorizing  the  Chicago  City  Railway  Company  to  operate  its 
cars  by  other  than  animal  power,  and,  if  electric  power  shall  be  used, 
by  means  of  overhead  contact  wires,  sudh  overhead  wires,  together 
with  the  necessary  feed  wires,  may  be  suspended  from  poles  set  within 
the  curb  limits  of  the  street  on  either  side  thereof,  or  from  bracket 
poles  placed  in  the  center  of  the  street  along  such  line  or  route,  the 
placing  of  such  poles  to  be  determined  by  the  mayor  and  commissioner 
of  public  works,  and  said  poles  to  be  ornamental  iron  or  steel,  and  of 
such  construction  and  design  as  the  mayor  and  commissioner  of  public 
works  may  approve.  Said  trolley  and  feeder  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  (18^2)  feet  above  the  rails,  and  the 
said  poles  and  supports  shall  be  placed  on  an  average  of  not  less  than 
one  hundred  and  fifteen  (1 1 5)  feet  apart.  No  poles  shall  be  set  at  the 
intersection  of  streets  and  alleys.  Such  poles  and  wires  to  be  erected 
and  maintained  for  the  purpose  of  supplying  electric  current  which 
can  be  used  for  power,  heat  and  light  purposes,  and  for  the  use  of  said 
company  only,  and  with  the  right  to  connect  the  wires  herein  author- 
ized with  the  generator  or  power-station  or  any  station  or  car-house 
in  connection  with  said  railroad,  or  with  any  power-house  or  station 
along  any  line  of  railroad  of  said  company  used  by  it  in  connection 
with  its  cable,  horse  or  electric  system;  and  said  cbmpany  may  convey 
said  wires  from  such  power-house  or  station  to  the  line  of  wire  hereby 
authorized  upon  poles  placed  upon  or  along  the  alleys  of  the  city,  or, 
whenever,  in  the  judgment  of  the  commissioner  of  public  works,  it 
shall  be  impracticable  to  place  such  poles  in  alleys,  he  may,  for  the 
purpose  above  mentioned,  permit  to  be  placed  in  streets  ornamental 
iron  or  steel  poles  of  such  design  and  construction  as  he  may  approve; 
or  said  company  may,  if  the  mayor  and  commissioner  of  public  works 
consent  thereto,  convey  said  connecting  wires  in  an  underground  con- 


§ 5°7] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1177 


duit  through  the  streets  or  alleys  of  the  city  of  Chicago,  whiclh  conduit 
shall  be, used  by  the  company  for  the  purpose  herein  set  forth  only. 
Before  making  any  excavation,  or  in  anywise  interfering  with  the  sur- 
face of  any  street  or  alley,  said  company  shall  obtain  from  the  commis^ 
sioner  of  public  works  a permit  therefor,  and  shall  also  deposit  witn 
the  treasurer  of  the  city  of  Chicago  a sufficient  sum  to  cover  the  cost 
of  restoring  such  street  or  alley  according  to  an  estimate  of  the  proba- 
ble cost  thereof  to  be  made  by  the  commissioner  of  public  works;  and 
all  wires  and  conductors  for  the  transmission  of  electricity  in  and  along 
the  street  shall  be  constructed  in  a substantial  and  workmanlike  man- 
ner, and  under  the  supervision  of  the  commissioner  of  public  works, 
so  as  to  interfere  as  little  as  possible  with  the  public  travel.  It  is  pro- 
vided hereby,  however,  that,  upon  permit  therefor  being  granted  by 
the  mayor  and  commissioner  of  public  works,  the  said  company  may 
use  for  its  suspension  and  feeder  wires  wooden  poles  already  erected 
or  to  be  erected  in  said  street,  when  practicable,  and  the  owners  of  said 
poles  consent  thereto. 

For  the  purpose  of  preventing  a multiplicity  of  poles  upon  and  along 
a street,  and  the  stringing  of  numerous  wires,  the  Chicago  City  Rail- 
way Company  is  further  hereby  authorized  and  empowered  to  permit 
the  use  of  the  poles  authorized  to  be  erected  in  and  by  the  foregoing 
ordinance  to  telegraph,  telephone  and  electric  light  companies,  upon 
such  terms  and  conditions  as  can  be  agreed  upon  between  said  com- 
panies and  said  Chicago  City  Railway  Company;  and  it  is  further  un- 
derstood and  agreed  that  the  city  of  Chicago  shall  have  the  right  to 
the  use  of  the  poles,  upon  one  side  of  the  street  or  streets  hereinabove 
mentioned,  for  its  signal,  telephone  or  telegraph  wires,  the  same  to  be 
placed  upon  such  poles  under  the  direction  of  said  Chicago  City  Rail- 
pany,  but  without  expense  or  cost  to  said  company.  The  said  com- 
pany shall  have  the  right  to  designate  the  side  of  the  street  to  be  used 
by  the  city  of  Chicago,  and  the  manner  of  adjusting  or  stringing  said 
wires,  but  said  company  shall  maintain  and  repair  said  poles  without 
expense  or  cost  to  said  city  of  Chicago. 

IT  3.  Permits  underground  system.]  § 3.  That  said  com- 
pany is  further  hereby  authorized  and  permitted,  upon  the  line  of 
street-car  tracks  hereinbefore  described  and  designated,  to  operate  and 
propel  its  said  cars  by  the  underground  electric  system  of  propulsion, 
and  shall  have  the  right  to  make  the  necessary  excavation  and  conduit 
therefor,  and  to  connect  their  electric  wires,  by  substantial  under- 
ground devices,  with  the  generator  or  power-station  or  any  stations  or 
car-houses  that  may  be  erected  in  connection  with  said  railroad,  or 
with  any  other  power-house  or  station  along  any  of  the  lines  of  road 
of  said  company  used  by  it  in  connection  with  its  cable,  horse  or  elec- 
tric system,  and  may  convey  said  wires  from  such  power-houses  or 
stations  to  the  said  line  and  street  by  means  of  suitable  underground 
devices  or  appliances.  All  of  such  appliances  and  devices  to  be  of 


1178  STREET  RAILWAYS.  [§  507 

such  character  and  laid  in  such  manner  as  may  be  approved  by  the 
commissioner  of  public  works. 

1 4.  Return  circuit — guard  wires.]  § 4.  Said  company  shall 

establish  and  maintain  a metallic  return  circuit  conductor,  independent 
of  its  rails,  upon  the  line  of  street  railroad  hereby  authorized  to  be 
operated  by  overhead  or  underground  contact  wires. 

Whenever  other  lines  of  wire  cross  the  wire  to  be  strung  by  virtue 
of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires  or 
other  suitable  mechanical  device  as  may  be  directed  by  the  commis- 
sioner of  public  works. 

IT  5.  Improvement  and  repair  of  streets.]  § 5.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  the  said  company  shall,  and  by  the  acceptance  hereof  said  com- 
pany agrees  that  it  will,  pave  and  keep  in  repair  sixteen  (16)  feet  in 
width  in  the  center  of  the  street  so  occupied  in  manner  as  provided 
by  section  two  (2)  of  the  ordinance  of  July  30th,  1883,  relating  to  street 
railways. 

T 6.  Rate  of  fare.]  § 6.  The  rate  of  fare  shall  not  exceed  five 
(5)  cents  for  any  distance  between  Madison  street  and  the  terminus  of 
the  line  hereby  authorized;  and  passengers  upon  the  line  hereby 
authorized,  and  passengers  upon  any  line  belonging  to  or 
operated  by  said  company  which  does  or  may  at  any  time  cross 
or  intersect  the  line  hereby  authorized  and  operated  by  the  Chicago 
City  Railway  Company,  shall,  on  payment  of  cash  fare,  be  transferred 
from  one  line  to  the  other  at  the  point  of  such  crossing  or  intersection, 
without  additional  fare. 

T 7.  License  fee.]  § 7.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  said  company  shall 
conform  to  and  comply  with  section  one  (1)  of  an  ordinance  passed 
July  30th,  1883,  relative  to  street  railways. 

T 8.  Grant  twenty  years — acceptance.]  § 8.  The  grant  here- 
in given  shall  extend  for  the  term  of  twenty  (20)  years  from  the  pass- 
age hereof;  provided,  the  same  shall  be  accepted  by  said  company 
within  thirty  days  after  its  passage. 

1 9.  Subject  to  general  ordinances.]  § 9.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  street 
railways  in  the  city  of  Chicago,  but  said  company  is  hereby  permitted 
to  use  upon  the  line  hereby  authorized  modern  improved  girder  rails, 
and  so  laid  that  vehicles  may  freely  and  safely  cross  said  tracks;  Pro- 
vided, however,  that  the  rails  to  be  used  in  the  tracks  herein  author- 
ized shall  be  such  as  have  been  first  approved  by’the  commissioner  of 
public  works. 

T 10.  Indemnity  clause— bond.]  § 10.  Said  company  shall 
forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 


§ 5°8] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1179 


from  any  and  all  damages,  judgments,  decrees  and  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recoverable  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  it,  or  for  or  by  reason  of,  or  growing  out  of, 
or  resulting  from,  the  exercise  by  said  company  of  the  privileges  here- 
by granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance;  and  said 
company  shall,  within  the  time  limited  for  the  acceptance  of  this  ordi- 
nance, file  with  the  city  clerk  a bond  to  the  city  of  Chicago,  in  the 
penal  sum  often  thousand* (10,000)  dollars, with  sureties  to  be  approved 
by  the  rrlayor  of  the  city  of  Chicago,  conditioned  upon  the  faithful  per- 
formance and  observance  by  said  company  of  all  the  conditions  and 
provisions  of  this  ordinance. 

If  11.  When  in  force— acceptance.]  § 11.  This  ordinance 
shall  be  in  force  and  take  effect  from  and  after  its  passage  and  accept- 
ance, provided  the  bond  hereinabove  mentioned  shall  be  filed  and  this 
ordinance  accepted  within  thirty  days  after  the  passage  of  the  same, 
otherwise  this  ordinance  shall  be  void. 

§ 508.  Chicago  City  Railway  company. 

IT  1.  Grant — streets  designated. 

Hf  2.  Overhead  wires — feeders — restoration  of  streets — use  of  poles 
by  other  companies. 

If  3.  May  use  underground  system. 

Hf  4.  Rights  attach  upon  filing  acceptance  and  bond. 

If  5 Return  circuit — guard  wires. 

1 6.  Authority  for  girder  rails. 

If  7.  Indemnity  clause — bond. 

Hr  8.  Compensation. 

if  9.  Compensation  when  certain  tracks  are  elevated. 

if  10.  When  in  force — acceptance — bond. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  operate  certain  * 

of  its  street  car  lines  by  electric  power.  (Passed  July  16,  1894.  Accepted 

July  27,  1894.) 

1 1.  Grant— streets  designated.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  City  Railway 
Company,  its  successors  and  assigns,  are  hereby  authorized  and  em- 
powered to  propel  and  operate  with  electricity,  its  cars  upon  and  along 
the  following  streets,  in  the  city  of  Chicago,  to-wit: 

Twenty-sixth,  Thirty-first,  Thirty-ninth,  Fifty-first,  Sixty-ninth  and 
Seventy-ninth  streets,  respectively,  over,  upon  and  along  the  tracks  of 
the  Chicago  City  Railway  Company  now  upon  said  streets,  respect- 
ively. 

Archer  avenue  from  the  river  west  to  the  intersection  of  Thirty- 
eighth  street,  thence  on  Thirty-eighth  street  to  the  terminus  of  the 
tracks  of  the  Chicago  City  Railway  Company  on  said  street. 

Forty-third  street  from  the  eastern  terminus  of  the  tracks  of  the 
Chicago  City  Railway  Company,  on  that  street  west  to  State  street, 


1180 


STREET  RAILWAYS. 


[§  508 


thence  along  State  street  to  Root  street;  thence  west  along  Root  street 
to  the  terminus  of  the  tracks  of  the  Chicago  City  Railway  Company 
on  that  street. 

Halsted  street  from  Archer  avenue  to  the  southern  terminus  of  the 
tracks  of  the  Chicago  City  Railway  Company  on  said  street. 

Wentworth  avenue  from  Archer  avenue  to  the  southern  terminus  of 
the  tracks  of  the  Chicago  City  Railway  Company  on  that  street. 

Ashland  avenue  from  Archer  avenue  to  the  southern  terminus  of 
the  tracks  of  the  Chicago  City  Railway  Company  on  that  street. 

Upon  South  Chicago  avenue,  from  Seventy-first  street  to  Seventy- 
fifth  street,  over  the  tracks  of  the  Chicago  City  Railway  Company. 

Upon  and  along  Hanover  street  (now  called  South  Canal),  Butler 
and  Wallace  streets,  respectively,  over,  upon  and  along  the  tracks  of 
the  Chicago  City  Railway  Company  now  upon  said  streets,  and  their 
connections. 

Upon  and  along  State  street  from  Sixty-third  street  south  to  its 
intersection  with  Vincennes  avenue,  and  thence  to  the  terminus  of  the 
tracks  of  the  Chicago  City  Railway  Company  on  said  Vincennes 
avenue. 

Upon  and  along  Eighteenth  street  and  Indiana  avenue  upon  the 
tracks  of  the  Chicago  City  Railway  Company  upon  said  streets,  res- 
pectively, with  the  right  to  connect  and  operate  the  same  with  the 
tracks  of  the  Chicago  City  Railwray  Company  at  Wabash  avenue  and 
Eighteenth  street,  provided,  that  the  overhead  trolley  shall  not  be 
used  or  erected  upon  said  Indiana  avenue  as  a means  of  propulsion 
except  upon  consent,  thereto,  in  writing,  by  the  owners  representing 
a majority  of  the  feet  front  upon  said  Indiana  avenue.  Said  consent 
of  property  owner  shall  be  submitted  to  the  commissioner  of  public 
works  for  confirmation  before  permit  shall  be  granted  for  said  change. 

T 2.  Overhead  wires — feeders — restoration  of  streets — use  of 

poles  by  other  companies.]  § 2.  That  the  cars  of  the  said  Chi- 
cago City  Railway  Company  within  and  upon  the  lines  hereinbefore 
described  and  designated,  may  be  operated  and  propelled  by  electric 
power  by  means  of  overhead  contact  wires;  such  overhead  wires,  to- 
gether with  the  necessary  feed  wires,  may  be  suspended  from  poles 
set  within  the  curb  limits  of  the  street  on  either  side  thereof,  or 
from  bracket  poles  placed  in  the  center  of  the  street  along  such  lines 
or  routes,  the  placing  of  said  poles  to  be  determined  by  the  mayor 
and  commissioner  of  public  works,  and  said  poles  to  be  ornamental 
iron  or  steel,  and  of  such  construction  and  design  as  the  mayor  and 
commissioner  of  public  works  may  approve.  Said  trolley  and  feeder 
wires  shall  be  suspended  not  less  than  eighteen  and  one-half  (1  Sl/2) 
feet  above  the  rails,  and  the  said  poles  and  supports  shall  be  placed 
on  an  average  of  not  less  than  one  hundred  and  fifteen  (115)  feet 
apart.  No  poles  shall  be  set  at  the  intersection  of  streets  and  alleys. 
Such  poles  and  wires  to  be  erected  and  maintained  for  the  purpose 


§ s°8] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1181 


of  supplying  electric  current  which  shall  be  used  for  power,  heat  and 
light  purposes,  for  the  Chicago  City  Railway  Company  only,  and 
with  the  right  to  connect  the  wires  herein  authorized  with  the  gen- 
erator or  power  station,  or  any  station  or  car  house  in  connection 
with  said  lines  of  railroad,  or  with  any  power  house  or  station  along 
any  line  or  lines  of  railroad  of  said  company,  used  by  it  in  connec- 
tion with  its  cable,  horse  or  electric  system;  and  said  company  may 
convey  said  wires  from  such  power  house  or  station  to  the  lines  of 
wire  hereby  authorized  upon  poles  placed  upon  or  along  the  alleys  of 
the  city,  or,  whenever  in  the  judgment  of  the  commissioner  of  public 
works  it  shall  be  impracticable  to  place  such  poles  in  the  alleys,  he 
may,  for  the  purpose  above  mentioned,  permit  to  be  placed  in  streets 
ornamental  iron  or  steel  poles  of  such  design  and  construction  as  he 
may  approve;  or  said  company  may,  if  the  mayor  and  commissioner 
of  public  works  consent  thereto,  convey  said  connecting  wires  in  an 
underground  conduit  through  the  streets  or  alleys  of  the  city  of  Chi- 
cago, which  conduit  shall  be  used  by  the  said  company  for  the  pur- 
pose herein  set  forth  only.  Before  making  any  excavation  or  in  any 
wise  interfering  with  the  surface  of  any  street  or  alley,  said  company 
shall  obtain  from  the  commissioner  of  public  works  a permit  there- 
for, and  shall  also  deposit  with  the  treasurer  of  the  city  of  Chicago 
a sufficient  sum  to  cover  the  cost  of  restoring  such  street  or  alley  ac- 
cording to  an  estimate  of  the  probable  cost  thereof,  to  be  made  by  the 
commissioner  of  public  works,  and  all  wires  and  conductors  for  the 
transmission  of  electricity  in  and  along  the  street  shall  be  constructed 
in  a substantial  and  workmanlike  manner,  and  under  the  supervision 
of  the  commissioner  of  public  works,  so  as  to  interfere  as  little  as  pos- 
sible with  the  public  travel.  It  is  provided  hereby,  however,  that  upon 
permit  therefor  being  granted  by  the  mayor  and  commissioner  of  pub- 
lic works,  the  said  company  may  use  for  its  said  suspension  and  feeder 
wires  wooden  poles  already  erected  or  to  be  erected  in  the  streets  or 
alleys,  when  practicable,  and  the  owners  of  said  poles  consent  thereto. 

For  the  purpose  of  preventing  a multiplicity  of  poles  upon  and 
along  a street,  and  the  stringing  of  numerous  wires,  the  Chicago  City 
Railway  Company  is  further  hereby  authorized  and  empowered  to 
permit  the  use  of  the  poles  authorized  to  be  erected  in  and  by  the 
foregoing  ordinance  to  telegraph,  telephone  and  electric  light  com- 
panies having  proper  franchises  in  the  city  of  Chicago  to  operate  on 
such  streets  respectively,  upon  such  terms  and  conditions  as  can  be 
agreed  upon  between  said  companies  and  said  Chicago  City  Railway 
Company;  and  it  is  further  understood  and  agreed  that  the  city  of 
Chicago  shall  have  the  right  to  the  use  of  the  poles,  upon  one  side  of 
the  street  or  streets  hereinabove  mentioned,  for  its  signal,  telephone 
or  telegraph  wires,  the  same  to  be  placed' upon  such  poles  under  the 
direction  of  the  said  Chicago  City  Railway  Company,  but  without 
expense  or  cost  to  said  company.  The  said  company  shall  have  the 
right  to  designate  the  side  of' the  street  to  be  used  by  the  city  of  Chi- 


1182 


STREET  RAILWAYS.  * 


[§  5°8 


cago,  and  the  manner  of  adjusting  or  stringing  said  wires,  but  said 
company  shall  maintain  and  repair  said  poles  without  expense  or  cost 
to  said  city  of  Chicago. 

If  3.  May  use  underground  system.]  § 3.  That  said  com- 
pany is  further  hereby  authorized  and  permitted,  upon  the  lines  of 
street  car  tracks  hereinbefore  described  and  designated,  and  upon 
other  lines  of  street  car  tracks  now  operated  by  said  company  with 
horses,  to  operate  and  propel  its  said  cars  by  the  underground  electric 
system  of  propulsion,  and  shall  have  the  right  to  make  the  necessary 
excavation  and  conduit  therefor,  and  to  connect  their  electric  wires 
by  substantial  underground  devices,  with  the  generator  or  power  sta- 
tion or  any  stations  or  car  houses  that  may  be  erected  in  connection 
with  said  railroad,  or  with  any  other  power  house  or  station  along 
any  of  the  lines  of  road  of  said  company  used  by  it  in  connection  with 
its  cable,  horse  or  electric  system,  and  may  convey  said  wires  from 
Such  power  houses  or  stations  to  the  said  lines  and  streets  or  any  of 
them  by  means  of  suitable  underground  devices  or  appliances.  All 
of  such  appliances  and  devices  to  be  of  such  character  and  laid  in  such 
manner  as  may  be  approved  by  the  commissioner  of  public  works. 
And  said  company  is  further  hereby  authorized  and  permitted  to  pro- 
pel and  operate  its  cars,  over  its  various  lines,  by  any  motor  or  motive 
power  which  it  shall  see  fit  to  adopt  and  use;  provided,  however,  that 
such  motor  or  motive  power  shall  be  practically  noiseless,  and,  be- 
fore using,  shall  be  approved,  and  permit  therefor  given,  by  the  mayor 
and  commissioner  of  public  works. 

1 4.  Rights  attach  upon  filing  acceptance  and  bond.]  § 4. 
The  permission  and  authority  herein  and  hereby  granted  shall  attach 
at  once  upon  the  filing  of  a bond  and  acceptance  hereof  as  hereinafter 
provided,  and  the  said  permission  and  authority  may  be  exercised  by 
said  company  at  any  time  after  the  passage  and  acceptance  of  this  or- 
dinance, and  from  time  to  time  after  such  acceptance,  upon  such 
streets  or  parts  of  streets  hereinbefore  mentioned  as  the  said  company 
may  select  or  determine;  Provided,  however,  that  the  permission 
and  authority  hereby  given  and  herein  granted  shall  only  extend  to 
and  embrace  the  term  of  ten  years  from  the  passage  of  this  ordinance. 

If  5.  Return  circuit — guard  wires.]  § 5.  Said  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor,  independent 
of  its  rails,  upon  all  the  lines  of  street  railroad  hereby  authorized  to 
be  operated  by  electric  overhead  or  underground  contact  wires. 

Whenever  other  lines  of  wire  cross  the  wires  to  be  strung  by  vir- 
tue of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard 
wires  or  other  suitable  mechanical  device  as  may  be  directed  by  the 
commissioner  of  public  works. 

The  said  company  shall  carry  free  of  charge  on  all  cars  operated 
by  it,  the  city  police  and  firemen  in  uniform. 

1 6.  Authority  for  girder  rails.] , § 6.  That  the  Chicago  City 


§ 5°8] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1183 


Railway  Company  is  hereby  permitted  and  authorized  to  use  upon 
and  along  the  tracks  herein  mentioned,  in  place  of  the  rails  now  in 
said  tracks,  modern  improved  girder  rails,  but  so  laid  that  vehicles  may 
freely  and  safely  cross  said  tracks;  Provided,  however,  that  'the  rails 
to  be  used  on  the  tracks  herein  mentioned  shall  only  be  such  as  shall 
have  been  first  approved  by  the  commissioner  of  public  works. 

1 7.  Indemnity  clause— bond.]  § 7.  Said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recoverable  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  it,  or  for  or  by  reason  of  or  growing  out  of  or 
resulting  from  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance,  and  said 
company  shall,  within  the  time  limited  for  the  acceptance  of  this  or- 
dinance, file  with  the  city  clerk  a bond  to  the  city  of  Chicago  in  the 
penal  sum  of  twenty-five  thousand  dollars,  with  sureties  to  be  ap- 
proved by  the  mayor  of  the  city  of  Chicago,  conditioned  upon  the 
faithful  performance  and  observance  by  said  company  of  all  the  con- 
ditions and  provisions  of  this  ordinance. 

If  8.  Compensation.]  § 8.  In  consideration  of  the  permit, 
privileges  and  rights  conferred  upon  the  Chicago  City  Railway  Com- 
pany, in  and  by  this  ordinance  and  other  ordinances  passed  by  the 
city  council  of  the  city  of  Chicago,  the  said  Chicago  City  Railway 
Company,  agrees  to  pay  into  the  city  treasury  of  the  city  of  Chicago, 
the  sum  of  $100,000  as  follows,  to-wit:  $10,000  on  the  first  day  of 

January,  A.  D.  1895,  and  $10,000  on  the  first  day  of  each  and  every 
January  thereafter,  until  the  whole  of  said  sum  of  $100,000  is  paid; 
Provided,  however,  that  the  said  sum  so  paid  from  year  to  year,  as 
aforesaid  shall  be  used  annually  by  the  city  of  Chicago  in  erecting 
and  maintaining  electric  arc  lights  along  and  upon  the  streets  of  the 
city  of  Chicago,  wherein  and  whereon  the  Chicago  City  Railway  Com- 
pany operates  and  runs  its  street  cars. 

IT  9.  Compensation  when  certain  tracks  are  elevated.]  § 9. 
Whereas,  By  ordinance  in  contemplation  and  under  negotiation,  it  is 
proposed  to  elevate  the  tracks  of  the  Lake  Shore  and  Michigan  South- 
ern Railway  Company  and  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company,  over  and  across  the  following  streets  used  and 
occupied  by  the  Chicago  City  Railway  Company  for  street  railway 
lines,  to-wit:  Archer  avenue,  Twenty-second  street,  Twenty-sixth 

street,  Thirty-first  street,  Thirty-fifth  street,  Thirty-ninth  street,  Root 
street,  Forty-seventh  street,  Sixty-first  street,  Sixty-third  street,  State 
street,  Wentworth  avenue  (at  Sixty-fifth  street),  and  Sixty-ninth  street, 
where  such  railways  or  either  of  them  cross  such  streets  respectively. 
Now,  therefore,  in  consideration  of  a clear  head-room  or  passage-way 


1184 


STREET  RAILWAYS. 


[§  5°8 


to  the  Chicago  City  Railway  Company  of  at  least  13^  feet  between 
the  grade  of  the  street  and  the  superstructure  of  such  proposed  ele- 
vated railways  at  State  street,  Sixty-third  street,  Twenty-second  street, 
Twenty-sixth  street,  Thirty-first  street,  Thirty-fifth  street,  Thirty-ninth 
street,  Root  street,  Forty-seventh  street,  Sixty-first  street,  Wentworth 
avenue  (at  Sixty-fifth  street)  and  Sixty-ninth  street,  respectively,  and 
at  least  12  feet  at  the  subway  or  street,  to-wit:  Archer  avenue,  the 

said  Chicago  City  Railway  Company  agrees  to  and  will  contribute  and 
pay  hereafter  to  the  city  of  Chicago  the  sum  of  $150,000  in  partial  pay- 
ments in  manner  and  upon  condition  as  follows:  As  soon  as  the 

work  of  elevation  and  depression  of  the  streets  at  any  of  the  above 
named  intersections  of  said  streets  in  manner  above  stated  with  a 
clear  headroom  of  the  number  of  feet  herein  designated,  shall  be  com- 
pleted and  ready  for  the  laying  of  the  tracks  of  the  said  Chicago  City 
Railway  Company  through  said  subway,  and  to  the  satisfaction  of  the 
commissioner  of  public  works  of  the  city  of  Chicago,  the  said  Chi- 
cago City  Railway  Company  shall  pay  and  contribute  to  the  city  of 
Chicago  for  each  and  every  such  subway  so  completed  after  the  pas- 
sage of  this  ordinance,  upon  demand  by  the  city  comptroller  a sum 
equal  to  one-thirteenth  (1  -1 3)  of  said  sum  of  $150,000  until  the  whole 
of  the  said  sum  of  $150,000  shall  have  been  paid.  It  is  further  under- 
stood and  agreed,  and  in  consideration  aforesaid,  said  Chicago  City 
Railway  Company  is  hereby  authorized  and  permitted  to  connect  its 
tracks  upon  the  several  streets  hereinbefore  described  and  designated 
beneath  the  superstructure,  and  to  lay  down  and  maintain  a double 
track  street  railway  through  the  subway  in  and  upon  each  of  the  sev- 
eral streets  hereinbefore  described,  and  may  operate  its  street  cars 
upon  said  tracks  and  wires  aforesaid  hereby  authorized  to  be  laid 
through  each  of  the  subways,  so  as  to  connect  its  respective  tracks 
and  wires  on  either  side  of  said  subways  and  the  approaches  thereto, 
respectively;  but  it  is  hereby  understood  and  agreed,  in  consideration 
aforesaid,  that  the  Chicago  City  Railway  Company  is  and  shall  be 
relieved  and  discharged  from  all  and  any  expense  and  cost  for  exca- 
vating each  and  all  of  said  subways  and  the  approaches  thereto,  the 
understanding  being,  in  consideration  aforesaid,  that  the  excavation 
of  said  subways  and  the  approaches  thereto,  and  the  grading  of  the 
same  shall  not  be  at  the  expense  or  cost  of  the  Chicago  City  Railway 
Company. 

1 10.  When  in  force — acceptance— bond.]  § 10.  This  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
acceptance,  provided  the  bond  hereinabove  mentioned  shall  be  filed, 
and  this  ordinance  accepted  within  thirty  days  after  the  passage  of  the 
same,  otherwise  this  ordinance  shall  be  void. 


CHICAGO  CITY  RAILWAY  COMPANY. 


1185 


5°9] 


§ 509.  Chicago  City  Railway  company. 

1.  Grant,  Wallace/street — time  of  completion. 

•ff  2.  Animal,  electric  or  cable — overhead  wires — use  of  poles  by 
other  companies. 

3.  May  use  underground  system. 

4.  Return  circuit — guard  wires. 

5.  Improvement  and  repair  of  streets. 

6.  Rate  of  fare. 

7.  License  fee. 

If  8.  Grant  twenty  years — acceptance, 
if  9.  Subject  to  ordinances — girder  rails, 
if  10.  Indemnity  clause — bond, 
if  11.  When  in  force — bond — acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 
down,  maintain  and  operate  a street  railway  on  Wallace  street.  (Passed 
July  16,  1894.  Accepted  July  27,  1894.) 

T 1.  Grant— Wallace  street— time  of  completion.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 
sion and  authority  are  hereby  granted  and  given  to  the  Chicago  City 
Railway  Company,  its  successors,  assigns  and  lessees,  and  said  com: 
pany  is  hereby  required,  to  lay  down,  maintain  and  operate  a double 
track  street  railway,  with  the  necessary  side  tracks,  turn  outs  and 
switches,  upon  Wallace  street,  in  the  city  of  Chicago,  from  Thirty- 
ninth  street  to  Root  street,  and  to  connect  and  operate  the  same  with 
its  present  tracks  on  Wallace  street,  Thirty-ninth  street  and  on  Root 
street;  Provided,  however,  and  the  permission  and  authority  hereby 
granted  are  upon  the  express  condition,  that  the  tracks  hereby  auth- 
orized shall  be  built  and  in  operation  within  eighteen  months  after  the 
passage  of  this  ordinance,  and,  unless  so  completed  and  in  operation 
within  said  time,  the  city  of  Chicago  shall  have  the  right  to  remove  all 
tracks  laid  down  by  virtue  of  this  ordinance,  and  the  said  company 
shall  pay  to  the  city  of  Chicago  the  cost  of  such  removal.  But  should 
the  construction  of  said  tracks  or  any  part  thereof  be  delayed  by  in- 
junction of  any  court  or  by  the  action  of  the  city  council,  then,  as  to 
the  portion  so  delayed,  the  time  of  such  delay  shall  be  excluded  from 
the  time  herein  limited;  Provided,  however,  that  such  exclusion  shall 
date  only  from  the  time  when  the  said  company  shall  have  given  notice 
to  the  corporation  counsel  of  the  city  of  Chicago  of  the  institution  of 
such  legal  proceedings,  and  the  city  of  Chicago  shall  have,  and  it 
hereby  expressly  reserves,  the  right  to  intervene  in  any  suit  or  pro- 
ceedings brought  seeking  to  enjoin,  restrain,  or  in  any  manner  seek- 
ing to  interfere  with,  such  construction,  and  to  move  for  the  dissolu- 
tion of  such  injunction  or  restraining  order,  or  for  any  other  proper 
order  in  such  suit. 

1 2.  Animal,  electric  or  cable — overhead  wires— use  of  poles 
by  other  companies.]  § 2.  The  cars  of  said  railway  company  on 
Wallace  street  may  be  operated  by  animal,  electric  or  cable  power; 
Provided,  that,  if  the  said  company  shall  adopt  its  so-called  “cable 


75 


1186 


STREET  RAILWAYS. 


[§  5°9 


system,”  the  same  shall  be  constructed  and  operated  as  provided  by 
and  subject  to  the  conditions  of  the  ordinance  passed  January  17th, 
A.  D.  1881,  authorizing  the  Chicago  City  Railway  Company  to  oper- 
ate its  cars  by  other  than  animal  power;  and,  if  electric  power  shall 
be  used,  by  means  of  overhead  contact  wires,  such  overhead  wires,  to- 
gether with  the  necessary  feed  wires,  may  be  suspended  from  poles  set 
within  the  curb  limits  of  the  street  on  either  side  thereof,  or  from 
bracket  poles  placed  in  the  center  of  the  street  along  such  line  or 
route;* the  placing  of  such  poles  to  be  determined  by  the  mayor  and 
commissioner  of  public  works,  and  said  poles  to  be  ornamental  iron 
or  steel,  and  of  such  construction  and  design  as  the  mayor  and  com- 
missioner of  public  works  may  approve.  Said  trolley  and  feeder 
wires  shall  be  suspended  not  less  than  eighteen  and  one-half  (i8}4) 
feet  above  the  rails,  and  the  said  poles  and  supports  shall  be  placed 
on  an  average  of  not  less  than  one  hundred  and  fifteen  (115)  feet  apart. 
No  poles  shall  be  set  at  the  intersection  of  streets  and  alleys.  Such 
poles  and  wires  to  be  erected  and  maintained  for  the  purpose  of  sup- 
plying electric  current  which  can  be  used  for  power,  heat  and  light 
purposes,  and  for  the  use  of  said  company  only,  and  with  the  right  to 
connect  the  wires  herein  authorized  with  the  generator  or  power  sta- 
tion or  any  station  or  car  house  in  connection  with  said  railroad,  or 
with  any  power  house  or  station  along  any  line  of  railroad  of  said  com- 
pany,  used  by  it  in  connection  with  its  cable,  horse  or  electric  system ; 
and  said  company  may  convey  said  wires  from  such  power  house  or 
station,  to  the  line  of  wire  hereby  authorized,  upon  poles  placed  upon 
or  along  the  alleys  of  the  city,  or,  whenever  in  the  judgment  of  the 
commissioner  of  public  works  it  shall  be  impracticable  to  place  such 
poles  in  alleys,  he  may,  for  the  purpose  above  mentioned,  permit  to 
be  placed  in  streets  ornamental  iron  or  steel  poles  of  such  design  and 
construction  as  he  may  approve;  or  said  company  may,  if  the  mayor 
and  commissioner  of  public  works  consent  thereto,  convey  said  con- 
necting wires  in  an  underground  conduit  through  the  streets  or  alleys 
of  the  city  of  Chicago,  which  conduit  shall  be  used  by  the  company 
for  the  purposes  herein  set  forth  only.  Before  making  any  excava- 
tion, or  in  any  wise  interfering  with  the  surface  of  any  street  or  alley, 
said  company  shall  obtain  from  the  commissioner  of  public  works  a 
permit  therefor,  and  shall  also  deposit  with  the  treasurer  of  the  city 
of  Chicago  a sufficient  sum  to  cover  the  cost  of  restoring  such  street 
or  alley  according  to  an  estimate  of  the  probable  cost  thereof  to  be 
made  by  the  commissioner  of  public  works;  and  all  wires  and  con- 
ductors for  the  transmission  of  electricity  in  and  along  the  street  shall 
be  constructed  in  a substantial  and  workmanlike  manner,  and  under 
the  supervision  of  the  commissioner  of  public  works,  so  as  to  interfere 
as  little  as  possible  with  the  public  travel.  It  is  provided  hereby  that, 
upon  permit  therefor  being  granted  by  the  mayor  and  commissioner 
of  public  works,  the  said  company  may  use,  for  its  said  suspension 
and  feeder  wires,  wooden  poles  already  erected  or  to  be  erected  in  the 


§ 5°9] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1187 


streets  or  alleys,  when  practicable,  and  the  owners  of  said  poles  con- 
sent thereto. 

For  the  purpose  of  preventing  a multiplicity  of  poles  upon  and 
along  a street,  and  the  stringing  of  numerous  wires,  the  Chicago  City 
Railway  Company  is  further  hereby  authorized  and  empowered  to  per- 
mit the  use  of  the  poles  authorized  to  be  erected  in  and  by  the  fore- 
going ordinance  to  telegraph,  telephone  and  electric  companies,  upon 
such  terms  and  conditions  as  can  be  agreed  upon  between  said  com- 
panies and  said  Chicago  City  Railway  Company;  and  it  is  further 
understood  and  agreed  that  the  city  of  Chicago  shall  have  the  right 
to  the  use  of  the  poles,  upon  one  side  of  the  street  or  streets  herein- 
above mentioned,  for  its  signal,  telephone  or  telegraph  wires,  the 
same  to  be  placed  upon  such  poles  under  the  direction  of  the  said 
Chicago  City  Railway  Company,  but  without  expense  or  cost  to  said 
company.  The  said  company  shall  have  the  right  to  designate  the 
side  of  the  street  to  be  used  by  the  city  of  Chicago,  and  the  manner 
of  adjusting  or  stringing  said  wires,  but  said  company  shall  main- 
tain and  repair  said  poles  without  expense  or  cost  to  said  city  of 
Chicago. 

If  3.  May  use  underground  system.]  § 3.  That  said  com- 
pany is  further  hereby  authorized  and  permitted,  upon  the  line  of  a 
street  car  track  hereinbefore  described  and  designated,  to  operate  and 
propel  its  said  cars  by  the  underground  electric  system  of  propulsion, 
and  shall  have  the  right  to  make  the  necessary  excavation  and  conduit 
therefor,  and  to  connect  their  electric  wires,  by  substantial  under- 
ground devices,  with  the  generator  or  power  station  or  any  stations 
or  car  houses  that  may  be  erected  in  connection  with  said  railroad, 
or  with  any  other  power  house  or  station  along  any  of  the  lines  of 
road  of  said  company  used  by  it  in  connection  with  its  cable,  horse 
or  electric  system,  and  may  convey  said  wires  from  such  power  houses 
or  stations  to  the  said  line  and  street  by  means  of  suitable  under- 
ground devices  or  appliances.  All  of  such  appliances  and  devices  to  be 
of  such  character  and  laid  in  such  manner  as  may  be  approved  by  the 
commissioner  of  public  works. 

1 4.  Return  circuit— guard  wires.]  § 4.  5aid  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor,  independent 
of  its  rails,  upon  the  line  of  street  railroad  hereby  authorized  to  be  op- 
erated by  electric  overhead  or  underground  contact  wires. 

Whenever  other  lines  of  wire  cross  the  wire  to  be  strung  by  virtue 
of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires 
or  other  suitable  mechanical  device  as  may  be  directed  by  the  com- 
missioner of  public  works. 

1 5.  Improvement  and  repair  of  streets.]  § 5.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  said  company  shall,  and  by  the  acceptance  hereof  said  company 
agrees  that  it  will,  pave  and  keep  in  repair  sixteen  (16)  feet  in  width 


1188 


STREET  RAILWAYS. 


[§  509 


in  the  center  of  the  street  so  occupied,  in  manner  as  provided  by  sec- 
tion two  (2)  of  the  ordinance  of  July  30th,  1883,  relating  to  street  rail- 
ways. 

1 6.  Rate  of  fare.]  § 6.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  any  distance  between  Madison  street  and  the  ter- 
minus of  the  line  hereby  authorized;  and  passengers  upon  the  line 
hereby  authorized,  and  passengers  upon  any  line  belonging  to  or  op- 
erated by  said  company  which  does  or  may  at  any  time  cross  or  in- 
tersect the  line  hereby  authorized  and  operated  by  the  Chicago  City 
Railway  Company,  shall,  on  payment  of  cash  fare,  be  transferred  from 
one  line  to  the  other  at  the  point  of  such  crossing  or  intersection  with- 
out additional  fare. 

1"  7.  License  fee.]  § 7.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  said  company  shall 
conform  to  and  comply  with  section  one  (1)  of  an  ordinance  passed 
July  30th,  1883,  relating  to  street  railways. 

1 8.  Grant  twenty  years — acceptance.]  § 8.  The  grant  here- 
in given  shall  extend  for  the  term  of  twenty  (20)  years  from  the  pas- 
sage hereof;  Provided,  the  same  shall  be  accepted  by  said  company 
within  thirty  days  after  its  passage. 

If  9.  Subject  to  ordinances— girder  rails.]  § 9.  The  privi- 
leges hereby  granted  are  subject  to  all  the  general  ordinances  of  the 
city  of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference 
to  street  railways  in  the  city  of  Chicago,  but  said  company  is  hereby 
permitted  to  use  upon  the  line  hereby  authorized  modern  improved 
girder  rails,  and  so  laid  that  vehicles  may  freely  and  safely  cross  said 
tracks;  Provided,  however,  that  the  rails  to  be  used  on  the  tracks 
herein  authorized  shall  only  be  such  as  have  been  first  approved  by 
the  commissioner  of  public  works. 

Tf  10.  Indemnity  clause — bond.]  § 10.  Said  company  shall 

forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs  and  ex- 
penses which  said  city  may  suffer,  or  which  may  be  recoverable  or 
obtained  against  said  city,  for  or  by  reason  of  the  granting  of  the  priv- 
ileges hereby  conferred  upon  it,  or  for  or  by  reason,  or  growing  out 
of,  or  resulting  from,  the  exercise  by  said  company  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  of  said  company,  its  servants 
or  agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance;  and 
said  company  shall,  within  the  time  limited  for  the  acceptance  of  this 
ordinance,  file  with  the  city  clerk  a bond  to  the  city  of  Chicago,  in 
the  penal  sum  of  ten  thousand  (10,000)  dollars,  with  sureties  to  be 
approved  by  the  mayor  of  the  city  of  Chicago,  conditioned  upon  the 
faithful  performance  and  observance  by  said  company  of  all  the  con- 
ditions and  provisions  of  this  ordinance. 

11.  When  in  force— bond— acceptance.]  §11.  This  ordi- 


g 5 I o]  CHICAGO  CITY  RAILWAY  COMPANY.  1189 

/ 

nance  shall  be  in  force  and  take  effect  from  and  after  its  passage  and 
acceptance  by  said  company,  provided  the  bond  hereinabove  men- 
tioned shall  be  filed  and  this  ordinance  accepted  within  thirty  days 
after  the  passage  of  the  same;  otherwise  this  ordinance  to  be  void. 

§ 510.  Chicago  City  Railway  company. 

1.  Grant — conduit  in  Twenty-first  street — restoration  of  streets — 

bond. 

2.  Term  of  grant. 

3.  When  in  force. 

An  ordinance  granting  authority  to  the  Chicago  City  Railway  company  to  con- 
struct a conduit  in  Twenty-first  street,  from  State  street  to  Wabash  avenue. 

(Passed  July  16,  1894.) 

1 1.  Grant— conduit  in  Twenty-first  street— restoration  of 
streets — bond.]  Be  it  ordained  by  the  city  council  of  the  city  of 

Chicago.  § 1.  That  the  Chicago  City  Railway  Company  be  and  it 
is  hereby  authorized  to  construct  and  maintain  an  underground  con- 
duit along  Twenty-first  street,  beneath  the  surface  thereof,  from  the 
tracks  of  the  Chicago  City  Railway  Company  on  State  street,  connect- 
ing with  the  same,  to  the  tracks  of  the  Chicago  City  Railway  Com- 
pany on  Wabash  avenue,  connecting  with  the  same,  for  the  purpose 
of  connecting  the  conduits  on  State  street  and  Wabash  avenue,  re- 
spectively, whereby  and  wherein  to  carry  cables  from  the  power-house 
of  the  Chicago  City  Railway  Company,  at  State  and  Twenty-first 
streets,  to  Wabash  avenue;  Provided,  that  the  top  of  said  conduit  shall 
be  at  least  four  feet  below  the  surface  of  Twenty-first  street,  and  shall 
be  constructed  in  a substantial  and  workmanlike  manner,  and  to  the 
satisfaction  of  the  commissioner  of  public  works;  and  provided,  also, 
that  if,  in  the  construction  of  said  conduit  or  trench  or  excavation,  any 
damage  or  injury  shall  result  to  any  of  the  sewers,  water  pipes,  or  pri- 
vate drains,  then  said  Chicago  City  Railway  Company  shall  pay  and 
be  liable  therefor,  and  if  at  any  time,  by  reason  of  the  permission 
hereby  granted,  and  the  making  of  said  trench  and  the  running  of  said 
cables  therein,  any  injury  or  damage  shall  result  to  any  person  or 
property,  or  to  the  city  of  Chicago,  then  the  said  Chicago  City  Railway 
Company  shall  be  liable  therefor;  and  provided,  further,  that  the  sur- 
face of  the  said  street  and  the  paving  thereon  shall  be  put  back  in 
place  and  made  as  good  in  all  respects  as  before  the  construction  of 
said  conduit;  and  it  is  hereby  further  provided  that  the  said  conduit 
shall  be  used  for  no  other  purpose  than  the  use  thereof  for  cables  by 
the  Chicago  City  Railway  Company.  The  construction  of  said  con- 
duit shall  be  completed  within  sixty  days  after  commencing  the  same; 
and  if  said  company  shall  fail  to  properly  restore  the  surface  of  said 
street,  within  fifteen  days  after  the  completion  of  the  construction  of 
said  conduit,  the  city  may  cause  said  work  to  be  d'one,  and  said  com- 
pany shall  be  liable  to  the  city  for  the  cost  thereof.  Said  company 
shall,  before  commencing  construction  of  said  conduit,  deposit  with 


1190 


STREET  RAILWAYS. 


[§  5” 


the  city  treasurer  of  the  city  of  Chicago  the  sum  of  one  thousand 
(1,000)  dollars  as  security  for  the  proper  restoration  of  the  surface  of 
said  street,  and  shall  file  with  the  city  clerk  its  bond  to  the  city  of  Chi- 
cago, in  the  penal  sum  of  $20,000,  with  sureties  to  be  approved  by  the 
mayor  of  said  city,  conditioned  upon  the  faithful  performance  and  ob- 
servance by  said  company  of  all  the  conditions  and  provisions  of  this 
ordinance. 

Unless  this  ordinance  be  accepted  by  said  company  by  filing  its 
written  acceptance  with  the  city  clerk  within  thirty  days  after  its  pass- 
age, it  shall  be  null  and  void. 

Said  company  shall  forever  indemnify  and  save  harmless  the  city 
of  Chicago  against  and  from  any  and  all  damages,  judgments,  decrees, 
costs  and  expenses  which  it  may  suffer,  or  which  may  be  recoverable 
or  obtained  against  said  city,  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from, 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or 
from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under  01 
by  virtue  of  the  provisions  of  this  ordinance. 

1"  2.  Term  of  grant.]  § 2.  The  grant  and  privilege  hereby 
given  shall  cease  and  end  when  the  rights  and  privileges  to  the  Chi- 
cago City  Railway  Company  shall  cease  upon  State  street  and  Wabash 
avenue,  respectively,  at  Twenty-first  street. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  operation  from  and  after  its  passage. 

§ 5 1 1.  Chicago  City  Railway  company. 

If  1.  Grant— Center  avenue — time  of  completion. 

if  2.  Motive  power — construction — use  of  poles  by  other  companies. 

If  3.  May  use  underground  system. 

IT  4.  Return  circuit — guard  wires. 
i\  5.  Improvement  and  repair  of  streets, 
if  6.  Rate  of  fare. 

If  7.  License  fee. 

if  8.  Term  of  grant — acceptance. 

If  9.  Subject  to  ordinances — girder  rails, 
if  10.  Indemnity  clause — bond. 

If  11.  Acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 

down,  maintain  and  operate  a street  railway  on  Center  avenue.  (Passed 

July  10,  1894.  Accepted  July  27,  1894.) 

If  1.  Grant — Center  avenue— time  of  completion.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 

sion and  authority  are  hereby  granted  and  given  to  the  Chicago  City 
Railway  Company,  its  successors,  assigns  and  lessees,  and  said  com- 
pany is  hereby  required,  to  lay  down,  maintain  and  operate  a double- 
track street  railway,  with  the  necessary  side-tracks,  turnouts  and 
switches,  upon  Center  avenue,  in  the  city  of  Chicago,  from  Forty-sev- 
enth street  to  Sixty-third  street,  and  to  connect  and  operate  the  same 


§ 5 I I ] CHICAGO  CITV^  RAILWAY  COMPANY.  1191 

in  connection  with  its  present  tracks  on  Forty-seventh  street  and 
Sixty-third  street;  Provided,  however,  and  the  permission  and  author- 
ity hereby  granted  are  upon  the  express  condition,  that  the  track  here- 
by authorized  shall  be  built  and  in  operation  within  two  years  after  the 
passage  of  this  ordinance,  and,  unless  so  completed  and  in  operation 
within  said  time,  the  city  of  Chicago  shall  have  the  right  to  remove  all 
tracks  laid  down  by  virtue  of  this  ordinance,  and  the  said  company 
shall  pay  to  the  city  of  Chicago  the  costs  of  such  removal ; but  should 
the  construction  of  said  tracks  or  any  part  thereof  be  delayed  by  in- 
junction of  any  court,  or  by  the  action  of  the  city  council,  then,  as  to 
the  portion  so  delayed,  the  time  of  such  delay  shall  be  excluded  from 
the  time  herein  limited;  Provided,  however,  that  such  exclusion  shall 
date  only  from  the  time  When  the  said  company  shall  have  given  notice 
to  the  corporation  counsel  of  the  city  of  Chicago  of  the  institution  of 
such  legal  proceedings.  The  city  of  Chicago  shall  have,  and  it  hereby 
expressly  reserves,  the  right  to  intervene  in  any  suit  or  proceedings 
brought  seeking  to  enjoin,  restrain,  or  in  any  manner  seeking  to  inter- 
fere with,  such  construction,  and  to  move  for  the  dissolution  of  such 
injunction  or  restraining  order,  or  for  any  other  proper  order  in  such 
suit. 

IT  2.  Motive  power — construction — use  of  poles  by  other  com- 
panies.] § 2.  The  cars  of  said  railway  company  on  said  Center  ave- 
nue may  be  operated  by  animal,  electric  or  cable  power;  Provided, 
that,  if  the  said  company  shall  adopt  its  so-called  “cable  system, ” the 
same  shall  be  constructed  and  operated  as  provided  by  and  subject  to 
the  conditions  of  the  ordinance  passed  January  17th,  A,  D.  1881, 
authorizing  the  Chicago  City  Railway  Company  to  operate  its  cars 
by  other  than  animal  power;  and,  if  electric  power  shall  be  used,  by 
means  of  overhead  contact  wires,  such  overhead  wires,  together  with 
the  necessary  feed  wires,  may  be  suspended  from  poles  set  within  the 
curb  limits  of  the  street  on  either  side  thereof,  or  from  bracket  poles 
placed  in  the  center  of  the  street  along  such  line  or  route,  the  placing 
of  such  poles  to  be  determined  by  the  mayor  and  commissioner  of 
public  works,  and  said  poles  to  be  ornamental  iron  or  steel,  and  of  such 
construction  and  design  as  the  mayor  and  commissioner  of  public 
works  may  approve.  Said  trolley  and  feeder  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  (18^2)  feet  above  the  rails,  and  the 
said  poles  and  supports  shall  be  placed  on  an  average  of  not  less  than 
one  hundred  and  fifteen  (1 1 5)  feet  apart.  No  poles  shall  be  set  at  the 
intersection  of  streets  and  alleys.  Such  poles  and  wires  to  be  erected 
and  maintained  for  the  purpose  of  supplying  electric  current  which 
can  be  used  for  power,  heat  and  light  purposes,  and  for  the  use  of  said 
company  only,  and  with  the  right  to  connect  the  wires  herein  author- 
ized with  the  generator  or  power  station,  or  any  station  or  car  house 
in  connection  with  said  railroad,  or  with  any  power  house  or  station 
along  any  line  of  railroad  of  said  company  used  by  it  in  connection 


1192 


STREET  RAILWAYS. 


[§  5” 


with  its  cable,  horse  or  electric  system ; and  said  company  may  convey 
said  wires  from  such  power-house  or  station  to  the  line  of  wire  hereby 
authorized  upon  poles  placed  upon  or  along  the  alleys  of  the  city,  or, 
whenever,  in  the  judgment  of  the  commissioner  of  public  works,  it 
shall  be  impracticable  to  place  such  poles  in  alleys,  he  may,  for  the 
purpose  above  mentioned,  permit  to  be  placed  in  streets  ornamental 
iron  or  steel  poles  of  such  design  and  construction  as  he  may  approve; 
or  said  company  may,  if  the  mayor  and  commissioner  of  public  works 
consent  thereto,  convey  said  connecting  wires,  in  an  underground 
conduit,  through  the  streets  or  alleys  of  the  city  of  Chicago,  which 
conduit  shall  be  used  by  the  company  for  the  purpose  herein  set  forth 
only.  Before  making  any  excavation,  or  in  anywise  interfering  with 
the  surface  of  any  street  or  alley,  said  company  shall  obtain  from  the 
commissioner  of  public  works  a permit  therefor,  and  shall  also  deposit 
with  the  treasurer  of  the  city  of  Chicago  a sufficient  sum  to  cover  the 
cost  of  restoring  such  street  or  alley  according  to  an  estimate  of  the 
probable  cost  thereof,  to  be  made  by  the  commissioner  of  public 
works;  and  all  wires  and  conductors  for  the  transmission  of  electricity 
in  and  along  the  streets  shall  be  constructed  in  a substantial  and  work- 
manlike manner,  and  under  the  supervision  of  the  commissioner  of 
public  works,  so  as  not  to  interfere  as  little  as  possible  with  the  public 
travel.  It  is  provideded  hereby,  however,  that,  upon  permit  therefor 
being  granted  by  the  mayor  and  commissioner  of  public  works,  the 
said  company  may  use  for  its  suspension  and  feeder  wires,  wooden 
poles  already  erected  or  to  be  erected  in  said  street,  when  practicable, 
and  the  owners  of  said  poles  consent  thereto. 

For  the  purpose  of  preventing  a multiplicity  of  poles  upon  and 
along  a street,  and  the  stringing  of  numerous  wires,  the  Chicago  City 
Railway  Company  is  further  hereby  authorized  and  empowered  to  per- 
mit the  use  of  the  poles  authorized  to>  be  erected  in  and  by  the  fore- 
going ordinance  to  telegraph,  telephone  and  electric  light  companies, 
upon  such  terms  and  conditions  as  can  be  agreed'  upon  between  said 
companies  and  said  Chicago  City  Railway  Company ; and  it  is  further 
understood  and  agreed  that  the  city  of  Chicago  shall  have  the  right 
to  the  use  of  the  poles,  upon  one  side  of  the  street  or  streets  herein- 
above mentioned,  for  its  signal,  telephone  or  telegraph  wires,  the  same 
to  be  placed  upon  such  poles  under  the  direction  of  said  Chicago  City 
Railway  Company,  but  without  expense  or  cost  to  said  company.  The 
said  company  shall  have  the  right  to  designate  the  side  of  the  street  to 
be  used  by  the  city  of  Chicago,  and  the  manner  of  adjusting  and  string- 
ing said  wires,  but  said  company  shall  maintain  and  repair  said  poles 
without  expense  or  cost  to  said  city  of  Chicago. 

IT  3.  May  use  underground  system.]  § 3.  That  said  com- 
pany is  further  hereby  authorized  and  permitted,  upon  the  line  of 
street  car  tracks  hereinbefore  described  and  designated,  to  operate  and 
propel  its  said  cars  by  the  underground  electric  system  of  propulsion, 


§ 511] 


1193 


/ 

CHICAGO  CITY  RAILWAY  COMPANY. 

and  shall  have  the  right  to  make  the  necessary  excavation  and  conduit 
therefor,  and  to  connect  their  electric  wires,  by  substantial  under- 
ground devices,  with  the  generator  or  power  station  or  any  stations  or 
car  houses  that  may  be  erected  in  connection  with  said  railroad,  or  with 
any  other  power  house  or  station  along  any  of  the  lines  of  road  of  said 
company  used  by  it  in  connection  with  its  cable,  horse  or  electric  sys- 
tem, and  may  convey  said  wires  from  such  power  houses  or  stations  to 
the  said  line  and  street  by  means  of  suitable  underground  devices  or 
appliances.  All  of  such  appliances  and  devices  to  be  of  such  charac- 
ter and  laid  in  such  manner  as  may  be  approved  by  the  commissioner 
of  public  works. 

1"  4.  Return  circuit— guard  wires.]  § 4-  Said  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor  independ- 
ent of  its  rails,  upon  the  line  of  street  railroad  hereby  authorized  to  be 
operated  by  overhead  or  underground  contact  wires. 

Whenever  other  lines  of  wire  cross  the  wire  to  be  strung  by  virtue 
of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires  or 
other  suitable  mechanical  device,  as  may  be  directed  by  the  commis- 
sioner of  public  works. 

1 5.  Improvement  and  repair  of  streets.]  § 5.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  said  company  shall,  and  by  the  acceptance  hereof  said  company 
agrees  that  it  will,  pave  and  keep  in  repair  sixteen  (16)  feet  in  width 
in  the  center  of  the  street  so  occupied,  in  manner  as  provided  by  sec- 
tion two  (2)  of  the  ordinance  of  July  30th,  1883,  relating  to  street  rail- 
ways. 

1"  6.  Rate  of  fare.]  § 6.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  any  distance  between  Madison  street  and  the  terminus 
of  the  line  hereby  authorized;  and  passengers  upon  the  line  hereby 
authorized,  and  passengers  upon  any  line  belonging  to  or  operated  by 
said  company  which  does  or  may  at  any  time  cross  or  intersect  the 
line  hereby  authorized  and  operated  by  the  Chicago  City  Railway 
Company,  shall,  on  payment  of  cash  fare,  be  transferred  from  one  line 
to  the  other  at  the  point  of  such  crossing  or  intersection,  without  addi- 
tional fare. 

IT  7.  License  fee.]  § 7.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  t'he  line  herein  provided,  said  company 
shall  conform  to  and  comply  with  section  one  (1)  of  an  ordinance 
passed  July  30th,  1883,  relating  to  street  railways. 

IT  8.  Term  of  grant— acceptance.]  § 8.  The  grant  herein 
given  shall  extend  for  the  term  of  twenty  (20)  years  from  the  passage 
hereof,  provided  the  same  shall  be  accepted  by  said  company  within 
thirty  days  after  its  passage. 

If  9.  Subject  to  ordinances— girder  rails.]  §9.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 


1194 


STREET  RAILWAYS. 


[§5I- 


Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference  to  street 
railways  in  the  city  of  Chicago;  but  said  company  is  hereby  permitted 
to  use  upon  the  line  hereby  authorized  modern  improved  girder  rails, 
and  so  laid  that  vehicles  may  freely  and  safely  cross  said  tracks;  Pro- 
vided, however,  that  the  rails  to  be  used  in  the  tracks  herein  author- 
ized shall  be  such  as  have  been  first  approved  by  the  commissioner  of 
public  works. 

IT  10-  Indemnity  clause — bond.]  § 10.  Said  company  shall 

forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  all  damages,  judgments,  decrees  and  costs  and  expenses  which 
said  city  may  suffer,  or  which  may  be  recoverable  or  obtained  against 
said  city,  for  or  by  reason  of  the  granting  of  the  privileges  hereby  con- 
ferred upon  it,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from,  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance;  and  said  company 
shall,  within  the  time  limited  for  the  acceptance  of  this  ordinance,  file 
with  the  city  clerk  a bond  to  the  city  of  Chicago,  in  the  penal  sum  of 
ten  thousand  (10,000)  dollars,  with  sureties  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  conditioned  upon  the  faithful  perform- 
ance and  observance  by  said  company  of  all  the  conditions  and  provis- 
ions of  this  ordinance. 

1 11.  In  force  upon  acceptance.]  §11.  This  ordinance 
shall  be  in  force  and  take  effect  from  and  after  its  passage  and  accept- 
ance, provided  the  bond  hereinabove  mentioned  shall  be  filed  and  this 
ordinance  accepted  within  thirty  days  after  the  passage  of  the  same; 
otherwise  this  ordinance  shall  be  void. 

§ 512.  Chicago  City  Railway  company. 

^T  1.  Grant — Sixty-third  street — time  of  completion. 

2.  Animal,  cable  or  electric — construction, 
if  3.  May  put  in  underground  system, 
it  4.  Return  circuit— guard  wires. 

If  5*  Improvement  and  repair  of  streets. 

6.  Rate  of  fare. 

« IT  7-  License  fee. 

IT  8.  Term  of  grant — acceptance. 

.If  9-  Subject  to  ordinances — girder  rails. 

![  10.  Indemnity  clause — bond. 

Tf  11.  In  force  upon  acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to  lay 

down,  maintain  and  operate  a street  railway  in  Sixty-third  street.  (Passed 

July  16,  1894.  Accepted  July  27,  1894.) 

1 1.  Grant— Sixty-third  street— time  of  completion.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  per- 

mission and  authority  are  hereby  granted  and  given  to  the  Chicago 
City  Railway  Company,  its  successors,  assig'ns  and  lessees,  and  said 
company  is  hereby  required,  to  lay  down,  maintain  and  operate  a 


§5**1 


CHICAGO  CITY  RAILWAY  COMPANY. 


1195 


double-track  street  railway,  with  the  necessary  side-tracks,  turnouts 
and  switches,  upon  Sixty-third  street,  in  tlie  city  of  Chicago,  from  Cot- 
tage Grove  avenue  west  to  State  street,  and  to  connect  and  operate 
the  same  with  its  present  track  on  Sixty-third  street,  east  of  Cottage 
Grove  avenue,  and  at  State  street,  and  with  its  present  track  on  Sixty- 
third  street,  west  of  the  right  of  way  of  the  railroads  crossing  Sixty- 
third  street,  meaning  hereby  that  said  Chicago  City  Railway  Company 
is  authorized  and  permitted  to  connect  and  operate  its  tracks  on  Sixty- 
third  street,  east  and  west  of  the  railroad  crossing,  through  and  under 
the  subway  in  Sixty-third  street  when  the  railroad  tracks  at  said  cross- 
ing shall  be  elevated;  Provided,  however,  and  the  permission  and  au- 
thority hereby  granted  are  upon  the  express  condition,  that  the  tracks 
hereby  authorized  shall  be  built  and  in  operation  within  two  years  after 
the  passage  of  this  ordinance,  and,  unless  so  completed  and  in  opera- 
tion within  said  time,  the  city  of  Chicago  shall  have  the  right  to  re- 
move all  tracks  laid  down  by  virtue  of  this  ordinance,  and  the  said 
company  shall  pay  to  the  city  of  Chicago  the  costs  of  such  removal; 
but  should  the  construction  of  said  tracks  or  any  part  thereof  be  de- 
layed by  injunction  of  any  court,  or  by  the  action  of  the  city  council, 
then,  as  to  the  portion  so  delayed,  the  time  of  such  delay  shall  be 
excluded  from  the  time  herein  limited;  Provided,  however,  that  such 
exclusion  shall  date  only  from  the  time  when  the  said  company  shall 
have  given  notice  to  the  corporation  counsel  of  the  city  of  Chicago 
of  the  institution  of  such  legal  proceedings,  and  the  city  of  Chicago 
shall  have,  and  it  hereby  expressly  reserves,  the  right  to  intervene  in 
any  suit  or  proceeding  brought  seeking  to  enjoin,  restrain,  or  in  any 
manner  seeking  to  interfere  with,  such  construction,  and  to  move  for 
the  dissolution  of  such  injunction  or  restraining  order,  or  for  any  other 
proper  order  in  such  suit. 

T 2.  Animal,  cable  or  electric— construction.]  § 2.  The  cars 
of  said  railway  company  on  said  Sixity-third  street  may  be  operated 
by  animal,  electric  or  cable  power;  Provided,  that,  if  the  said  com- 
pany shall  adopt  its  so-called  “cable  system,”  the  same  shall  be  con- 
structed and  operated  as  provided  by  and  subject  to  the  conditions 
of  the  ordinance  passed  January  17th,  A.  D.  1881,  authorizing  the 
Chicago  City  Railway  Company  to  operate  its  cars  by  other  than  ani- 
mal power;  and  if  electric  power  shall  be  used,  by  means  of  overhead 
contact  wires,  such  overhead  wires,  together  with  the  necessary  feed 
wires,  may  be  suspended  from  poles  set  within  the  curb  limits  of  the 
street  on  either  side  thereof,  or  from  bracket  poles  placed  in  the  cen- 
ter of  the  street  along  such  line  or  route,  the  placing  of  such  poles  to 
be  determined  by  the  mayor  and  commissioner  of  public  works,  and 
said  poles  to  be  ornamental  iron  or  steel,  and  of  such  construction 
and  design  as  the  mayor  and  commissioner  of  public  works  may  ap- 
prove. Said  trolley  and  feed  wires  shall  be  suspended  not  less  than 
eighteen  and  one-half  (i8*4)  feet  above  the  rails,  and  the  said  poles 


1196 


STREET  RAILWAYS. 


[§  512 


and  supports  shall  be  placed  on  an  average  of  not  less  than  one  hun- 
dred and  fifteen  (1 1 5)  feet  apart.  No  poles  shall  be  set  at  the  inter- 
section of  streets  and  alleys.  Such  poles  and  wires  to  be  erected  and 
maintained  for  the  purpose  of  supplying  electric  current  which  can 
be  used  for  power,  heat  and  light  purposes,  and  for  the  use  of  said 
company  only,  and  with  the  right  to  connect  the  wires  herein  author- 
ized with  the  generator  or  power  station  or  any  station  or  car  house 
in  connection  with  said  railroad,  or  with  any  power  house  or  station 
along  any  line  of  railroad  of  said  company  used  by  it  in  connection 
with  its  cable,  horse  or  electric  system;  and  said  company  may  convey 
said  wires  from  such  power  house  or  station  to  the  lines  of  wire  hereby 
authorized  upon  poles  placed  upon  or  along  the  alleys  of  the  city,  or, 
whenever  in  the  judgment  of  the  commissioner  of  public  works  it 
shall  be  impracticable  to  place  such  poles  in  alleys,  he  may,  for  the 
purpose  above  mentioned,  permit  to  be  placed  in  streets  ornamental 
iron  or  steel  poles  of  such  design  and  construction  as  he  may  approve; 
or  said  company  may,  if  the  mayor  and  commissioner  of  public  works 
consent  thereto,  convey  said  connecting  wires  in  an  underground  con- 
duit through  the  streets  or  alleys  of  the  city  of  Chicago,  which  con- 
duit shall  be  used  by  the  said  company  for  the  purpose  herein  set  forth 
only.  Before  making  any  excavation  or  in  anywise  interfering  with 
the  surface  of  any  street  or  alley,  said  company  shall  obtain  from  the 
commissioner  of  public  works  a permit  therefor,  and  shall  also  deposit 
with  the  treasurer  of  the  city  of  Chicago  a sufficient  sum  to  cover  the 
cost  of  restoring  such  street  or  alley  according  to  an  estimate  of  the 
probable  cost  thereof  to  be  made  by  the  commissioner  of  public 
works;  and  all  wires  and  conductors  for  the  transmission  of  electricity 
in  and  along  the  street  shall  be  constructed  in  a substantial  and  work- 
manlike manner,  and  under  the  supervision  of  the  commissioner  of 
public  works,  so  as  to  interfere  as  little  as  possible  with  the  public 
travel ; Provided,  however,  that  in  the  event  of  the  Chicago  and  South 
Side  Rapid  Transit  Railroad  Company  permitting  (being  hereby  au- 
thorized and  empowered  to  grant  a permit  therefor)  the  said  Chicago 
City  Railway  Company  to  suspend  its  trolley  and  feeder  wires  be- 
neath its  structure  by  attaching  the  same  thereunder  at  a distance  be- 
low the  same  not  greater  than  six  inches,  then  and  in  that  case  no 
poles  shall  be  erected  along  the  line  of  said  structure  for  the  suspen- 
sion of  said  trolley  and  feeder  wires.  It  is  provided  herein,  however, 
that,  upon  permit  therefor  being  granted  by  the  mayor  and  commis- 
sioner of  public  works,  the  said  company  may  use,  for  its  suspension 
and  feeder  wires,  wooden  poles  already  erected  or  to  be  erected  in 
said  street,  when  practicable,  and  the  owners  of  said  poles  consent 
thereto. 

For  the  purpose  of  preventing  a multiplicity  of  poles  upon  and 
along  a street,  and  the  stringing  of  numerous  wires,  the  Chicago  City 
Railway  Company  is  further  hereby  authorized  and  empowered  to  per- 
mit the  use  of  the  poles  authorized  to  be  erected  in  and  by  the  fore- 


§ 5i2] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1197 


going  ordinance  to  telegraph,  telephone  and  electric  ligfet  companies, 
upon  such  terms  and  conditions  as  can  be  agreed  upon  between  said 
companies  and  said  Chicago  City  Railway  Company;  and  it  is  further 
understood  and  agreed  that  the  city  of  Chicago  shall  have  the  right 
to  the  use  of  the  poles,  upon  one  side  of  the  street  or  streets  herein- 
above mentioned,  for  its  signal,  telephone  or  telegraph  wires,  the 
same  to  be  placed  upon  such  poles  under  the  direction  of  said  Chicago 
City  Railway  Company,  but  without  expense  or  cost  to  said  com- 
pany. The  said  company  shall  have  the  right  to  designate  the  side  of 
the  street  to  be  used  by  the  city  of  Chicago,  and  the  manner  of  ad- 
justing or  stringing  said  wires,  but  said  company  shall  maintain  and 
repair  said  poles  without  expense  or  cost  to  said  city  of  Chicago. 

1 3.  May  put  in  underground  system.]  § 3.  That  said 
company  is  further  hereby  authorized  and  permitted,  upon  the  line  of 
street  car  tracks  hereinbefore  described  and  designated,  to  operate  and 
propel  its  said  cars  by  the  underground  electric  system  of  propulsion, 
and  shall  have  the  right  . to  make  the  necessary  excavation 
and  conduit  therefor,  and  to  connect  their  electric 
wires,  by  substantial  underground  devices,  with  the  generator 
or  power  station  or  any  stations  or  car  houses  that  may  be 
erected  in  connection  with  said  railroad,  or  with  any  other 
power  house  or  station  along  any  of  the  lines  of  road  of  said  com- 
pany used  by  it  in  connection  with  its  cable,  horse  or  electric  system, 
and  may  convey  said  wires  from  such  power  houses  or  stations  to  the 
said  line  and  street  by  means  of  suitable  underground  devices  or  ap- 
pliances. All  of  such  appliances  and  devices  to  be  of  such  character 
and  laid  in  such  manner  as  may  be  approved  by  the  commissioner  of 
public  works. 

T 4.  Return  circuit — guard  wires.]  § 4.  Said  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor,  independ- 
ent of  its  rails,  upon  the  lines  of  street  railroad  hereby  authorized  to 
be  operated  by  electric  overhead  or  underground  contact  wires. 

Whenever  other  lines  of  wire  cross  the  wires  to  be  strung  by  virtue 
of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires 
or  other  suitable  mechanical  device  as  may  be  directed  by  the  com- 
missioner of  public  works. 

f 5.  Improvement  and  repair  of  streets.]  § 5.  The  permission 
and  authority  hereby  given  are  on  the  further  express  condition  that 
said  company  shall,  and  by  the  acceptance  hereof  said  company  agrees 
that  it  will,  pave  and  keep  in  repair  sixteen  (16)  feet  in  width  in  the 
center  of  the  street  so  occupied,  in  manner  as  provided  by  section  two 
(2)  of  the  ordinance  of  July  30,  1883,  relating  to  street  railways. 

IT  6.  Rate  of  fare.]  § 6.  The  rate  of  fare  shall  not  exceed  five 
cents  for  any  distance  between  Madison  street  and  the  terminus  of  the 
line  hereby  authorized,  and  passengers  upon  the  line  hereby  author- 
ized, and  passengers  upon  any  line  belonging  to  or  operated 


1198 


STREET  RAILWAYS. 


[§  512 


by  said  company  which  does  or  may  at  any  time  cross  or  in- 
tersect the  line  hereby  authorized  and  operated  by  the  Chicago  City 
Railway  Company,  shall,  on  payment  of  cash  fare,  be  transferred  from 
one  line  to  t'he  other  at  the  point  of  such  crossing  or  intersection,  with- 
out additional  fare. 

1"  7.  License  fee.]  § 7.  As  regards  the  license  to  be  paid  on 
the  gars  to  be  operated  on  the  line  herein  provided,  said  company  shall 
conform  to  and  comply  with  section  one  (1)  of  an  ordinance  passed 
July  30th,  1883,  relating  to  street  railways. 

If  8.  Term  of  grant — acceptance.]  § 8.  The  grant  herein 

given  shall  extend  for  the  term  of  twenty  (20)  years  from  the  passage 
hereof,  provided  the  same  shall  be  accepted  by  said  company  within 
thirty  days  after  its  passage. 

1 9.  Subject  to  ordinances— girder  rails.]  § 9.  The  privi- 
leges hereby  granted  are  subject  to  all  of  the  general  ordinances  of 
the  city  of  Chicago,  now  in  force  or  hereafter  to  be  passed,  in  reference 
to  street  railways  in  the  city  of  Chicago;  but  said  company  is  hereby 
permitted  to  use  upon  the  line  hereby  authorized  modern  improved 
girder  rails,  and  so  laid  that  vehicles  may  freely  and  safely  cross  said 
tracks;  Provided,  however,  that  the  rails  to  be  used  on  the  tracks  here- 
in authorized  shall  only  be  such  as  have  been  first  approved  by  the 
commissioner  of  public  works. 

1 10.  Indemnity  clause — bond.]  § 10.  Said  company  shall 

forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recoverable  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  it,  or  for  or  by  reason  of,  or  growing  out  of  or 
resulting  from,  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or  agents, 
under  or  by  virtue  of  the  provisions  of  this  ordinance;  and  said  com- 
pany shall,  within  the  time  limited  for  the  acceptance  of  this  ordinance, 
file  with  the  city  clerk  a bond  to  the  city  of  Chicago,  in  the  penal  sum 
of  ten  thousand  (10,000)  dollars,  with  sureties  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  conditioned  upon  the  faithful  perform- 
ance and  observance  by  said  company  of  all  the  conditions  and  pro- 
visions of  this  ordinance. 

T 11.  In  force  upon  acceptance.]  § 11.  This  ordinance 
shall  be  in  force  and  take  effect  from  and  after  its  passage  and  aq- 
ceptance,  provided  the  bond  hereinabove  mentioned  shall  be  filed  and 
this  ordinance  accepted  within  thirty  days  after  the  passage  of  the 
same;  otherwise  this  ordinance  shall  be  void. 

Note. — See  following  amendatory  ordinance.  Also  ordinance  of 
April  8,  1897. 


§§  5J3,  5 1 4] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1199 


§ 513.  Chicago  City  Railway  company. 

1.  Extension  of  time  for  completion  of  tracks. 

2.  When  in  force. 

An  ordinance  amending  an  ordinance  granting  certain  rights  to  the  Chicago 
City  Railway  company.  Passed  July  16,  1894.  (Passed  April  8,  1896.) 

1 1.  Extension  of  time  for  completion  of  tracks.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  Whereas, 

by  an  ordinance  duly  passed  by  the  city  council  of  the  city  of  Chi- 
cago, on  the  1 6th  day  of  July,  A.  D.  1894,  the  Chicago  City  Railway 
Company  was  duly  granted  the  right  to  construct  and  operate  a double 
track  street  railway  on  Sixty-third  street,  from  Cottage  Grove  avenue 
to  State  street,  in  the  city  of  Chicago,  wherein  it  was  provided  that 
said  tracks  should  be  built  and  in  operation  within  two  years  after  the 
passage  of  said  ordinance,  and  which  said  ordinance  was  duly  accepted 
by  the  Chicago  City  Railway  Company  on  the  27th  day  of  July,  A.  D. 
1894;  and, 

Whereas,  It  appears  that  the  elevation  of  the  steam  railroad  tracks 
across  Sixty-third  street,  between  State  street  and  Wentworth  avenue, 
is  not  yet  completed,  and  is  still  in  progress  and  likely  to  be  completed 
within  the  coming  eighteen  months,  and  the  railroad  track  in  said  or- 
dinance described,  pursuant  to  ordinances  of  the  city  of  Chicago,  is  to 
pass  through  the  subway  beneath  the  tracks  of  the  steam  railroad  so 
elevated,  which  facilitates  a continuous  street  railway  on  Sixty-third 
street ; 

Now,  therefore,  the  time  for  the  construction  and  completion  of 
said  tracks  on  Sixty-third  street,  between  the  points  mentioned,  is  ( 
hereby  extended  beyond1  the  time  mentioned  in  said  ordinance, 
eighteen  months,  meaning  and  intending  hereby  that  the  said  Chicago 
City  Railway  Company  may  and  shall  have  eighteen  months,  from 
July  1 6,  1896,  within  which  the  tracks  in  said  ordinance  mentioned 
and  authorized  shall  be  built  and  in  operation. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Note. — See  ordinance  of  April  8,  1897. 

§ 514.  Chicago  City  Railway  company. 

IT  1.  Grant — route. 

•ft  2.  Power — overhead  wires — power  of  council. 

3.  Underground  system. 

If  4-  Return  circuit — guard  wires. 

IT  5.  Improvement  and  repair  of  streets. 

*j[  6.  Rate  of  fare. 

IF  7.  License  fee. 

IF  8.  Grant  20  years— acceptance. 

^T  9.  Style  of  rails. 

IT  10.  Indemnity  clause — bond. 

' IT  11.  When  in  force — acceptance. 


1200 


STREET  RAILWAYS. 


[§  514 


Ordinance  permitting  the  Chicago  City  Railway  company  to  build  and  operate 
railways  on  Kedzie  avenue,  Archer  avenue,  Western  avenue  and  other 
streets.  (Passed  July  8,  1895.  Accepted  July  24,  1895.) 

1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance  here- 

of and  the  undertaking  by  the  Chicago  City  Railway  Company  to  com- 
ply with  the  provisions  herein  contained,  consent,  permission  and  au- 
thority are  hereby  granted  and  given  to  the  Chicago  City  Railway 
Company,  its  successors,  assigns  and  lessees,  to  lay  down,  maintain 
and  operate  a double  track  street^  railway,  with  the  necessary  side 
tracks,  turn  outs  and  switches  on  and  upon  the  several  streets  and 
parts  of  streets  herein  described  and  mentioned  as  follows,  to  wit : 
Upon  and  along  Forty-seventh  street  from,  and  connecting  with, 
the  tracks  of  the  Chicago  City  Railway  Company  on  said  street  west 
to  the  intersection  of  Archer  avenue;  Provided,  however,  and  the  per- 
mission and  authority  hereby  granted  are  upon  the  express  condition 
that  the  tracks  hereby  authorized  between  the  present  west  end  of  the 
tracks  on  said  street  and  the  intersection  of  Kedzie  avenue  shall  be 
built  and  in  operation  on  or  before  August  1st,  1896,  and  the  balance 
of  the  distance  to  Archer  avenue  on  said  street  within  two  years  after 
the  passage  of  this  ordinance,  and  also 

Upon  and  along  Kedzie  avenue,  from  Thirty-eighth  street  to  Sixty- 
third  street;  Provided,  however,  and  the  permission  and  authority 
hereby  granted  are  upon  the  express  condition  that  the  tracks  hereby 
authorized  on  said  Kedzie  avenue  shall  be  built  and  in  operation  on 
or  before  August  1st,  1896,  and  also 

Upon  and  along  Archer  avenue  from,  and  connecting  with,  the 
tracks  of  the  Chicago  City  Railway  Company  on  said  street,  westerly 
to  the  intersection  of  Fifty-first  street;  Provided,  however,  and  the  per- 
mission and  authority  hereby  granted  are  upon  the  express  condition 
that  the  tracks  hereby  authorized,  from  the  present  tracks  of  said 
company,  westerly  on  said  Archer  avenue  to  Kedzie  avenue  shall  be 
built  and  in  operation  on  or  before  August  1st,  1896,  and  the  balance 
of  the  distance  to  Fifty-first  street  within  eighteen  months  after  the 
passage  of  this  ordinance,  not  counting  the  months  of  November,  De- 
cember, January,  February  and  March,  and  also 

Upon  and  along  Western  avenue,  from  the  intersection  of  Archer 
avenue  to  Seventy-first  street;  Provided,  however,  and  the  permission 
and  authority  hereby  granted  are  upon  the  express  condition  that  the 
tracks  hereby  authorized  between  the  said  intersection  of  Archer 
avenue  and  Fifty-fifth  street  shall  be  built  and  in  operation  within 
eighteen  (18)  months  after  the  passage  of  the  ordinance,  and  the  bal- 
ance of  the  distance  to  Seventy-first  street  within  two  years  after  the 
passage  of  this  ordinance,  in  either  case  not  counting  the  months  of 
November,  December,  January,  February  and  March,  and  also 

Upon  and  along  Sixty-ninth  street  from,  and  connecting  with,  the 
tracks  of  the  Chicago  City  Railway  Company,  west  to  the  intersection 


§ 5M] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1201 


of  Western  avenue;  Provided,  however,  and  the  permission  and  au- 
thority hereby  granted  are  upon  the  express  condition  that  the  tracks 
hereby  authorized  shall  be  built  and  in  operation  within  two  years 
after  the  passage  of  this  ordinance,  not  counting  the  months  of  No- 
vember, December,  January,  February  and  March,  and  also 

Upon  and  along  Twenty-Ninth  street,  from  Butler  street  to  Wal- 
lace street,  connecting  with  the  tracks  on  said  Twenty-ninth  and  Wal- 
lace streets,  respectively;  Provided,  however,  and  the  permission  and 
authority  hereby  granted  are  upon  the  express  condition  that  the 
tracks  on  said  Twenty-ninth  street  be  built  and  in  operation  within 
one  year  after  the  passage  of  this  ordinance,  but  it  is  further  provided 
and  understood  that  in  consideration  of  the  operation  of  the  track  on 
Hanover  (otherwise  called  South  Canal  street),  Wallace  and  Twenty- 
ninth  streets,  as  a continuous  connected  line,  that  said  company  may 
cease  the  operation  and  use  of  the  tracks  on  Butler  street,  from 
Twenty-ninth  to  Thirty-first  street,  and  on  Wallace  street,  from 
Twenty-sixth  street  to  Twenty-ninth  street;  and  also 

Upon  and  alongThirty-eighthstreet,west  from  the  present  terminus 
of  the  tracks  of  the  Chicago  City  Railway  Company  on  said  street  to 
Central  Park  avenue;  Provided,  however,  and  the  permission  and  au- 
thority hereby  granted  are  upon  the  express  condition  that  the  track 
hereby  authorized  on  said  Thirty-eighth  street,  from  the  present  ter- 
minus of  the  tracks  of  the  Chicago  City  Railway  Company  on  said 
street  to  Central  Park  avenue,  shall  be  built  and  in  operation  within 
two  years  after  the  passage  of  this  ordinance. 

Upon  and  along  Fifty-ninth  street,  from  State  street  to  Western 
avenue;  Provided,  however,  and  the  permission  and  authority  hereby 
granted  are  upon  the  express  condition  that  the  tracks  hereby  author- 
ized on  Fifty-ninth  street  shall  be  built  and  in  operation  within 
eighteen  (18)  months  after  the  passage  of  this  ordinance,  not  counting 
the  months  of  November,  December,  January,  February  and  March. 

It  is  provided,  however,  that  should  the  construction  or  operation 
of  said  tracks,  or  any  part  thereof,  be  delayed  by  injunction  of  any 
court,  or  by  the  action  of  the  city  council,  or  by  the  action  of  the  board 
of  South  Park  Commissioners,  then  as  to  the  portion  so  delayed  the 
time  of  such  delay  shall  be  excluded  from  the  time  herein  limited. 
And  it  is  further  provided  and  understood  that  should  any  portion  or 
part  of  any  of  the  said  lines  be  not  completed  or  in  operation  within 
the  time  herein  respectively  specified  and  limited,  that  the  rights  here- 
in granted  shall  be  forfeited  only  on  the  unbuilt  portion  or  part  thereof. 
The  city  of  Chicago  shall  have,  and  it  hereby  expressly  reserves  the 
right  to  intervene  in  any  suit  or  proceedings  seeking  to  enjoin,  re- 
strain, or  in  any  manner  seek  to  interfere  with  such  construction,  and 
to  move  for  the  dissolution  of  such  injunction  or  restraining  or  for  any 
other  proper  order  in  such  suit. 

IT  2.  Power— overhead  wires— power  of  council.]  § 2.  The 


76 


1202 


STREET  RAILWAYS. 


[§  5 T4 


cars  of  said  railway  company  on  said  respective  streets  may  be  oper- 
ated by  animal,  electric  or  cable  power;  Provided,  t'hat  if  the  said  com- 
pany shall  adopt  its  so-called  “cable  system”  the  same  shall  be  con- 
structed and  operated  as  provided  by  and  subject  to  the  conditions  of 
the  ordinance  passed  January  17th,  A.  D.  1881,  authorizing  the  Chi- 
cago City  Railway  Company  to  operate  its  cars  by  other  than  animal 
power,  and  if  electric  power  shall  be  used  by  means  of  overhead  con- 
1 tact  wires,  such  overhead  wires,  together  with  the  necessary 
feed  wires,  may  be  suspended  from  poles  set  within 
the  curb  limits  of  the  street  on  either  side  thereof,  or  from 
bracket  poles  placed  in  the  center  of  the  street  along  such  line 
or  route,  the  placing  of  such  poles  to  be  determined  by  the  mayor  and 
commissioner  of  public  works,  and  said  poles  to  be  ornamental  iron  or 
steel,  and  of  such  construction  and  design  as  the  mayor  and  commis- 
sioner of  public  works  may  approve.  Said  trolley  and  feeder  wires 
shall  be  suspended  not  less  than  eighteen  and  one-half  (18^2)  feet 
above  the  rails,  and  the  said  poles  and  supports  shall  be  placed  on  an 
average  of  not  less  than  one  hundred  and  fifteen  (1 1 5)  feet  apart.  No 
poles  shall  be  set  at  the  intersection  of  streets  and  alleys.  Such  poles 
and  wires  to  be  erected  and  maintained  for  the  purpose  of  supplying 
electric  current  which  can  be  used  for  power,  heat  and  light  purposes 
and  for  the  use  of  said  company  only,  and  with  the  right  to  connect 
the  wire  herein  authorized  with  the  generator  or  power  station,  or  any 
station  or  car  house  in  connection  with  the  said  railroad,  or  with  any 
power  house  or  station  along  any  line  of  railroad  of  said  company  used 
by  it  in  connection  with  its  cable,  horse  or  electric  system;  and  said 
company  may  convey  said  wires  from  such  power  house  or  station  to 
the  lines  of  wire  hereby  authorized,  upon  poles  placed  upon  or  along 
the  alleys  of  the  city,  or,  whenever  in  the  judgment  of  the  commis- 
sioner of  public  works  it  shall  be  impracticable  to  place  such  poles  in 
alleys,  he  may,  for  the  purpose  above  mentioned,  permit  to  be  placed 
in  streets  ornamental  iron  or  steel  poles  of  such  design  and  construc- 
tion as  he  may  approve,  or  said  company  may,  if  the  mayor  and  com- 
missioner of  public  works  consent  thereto,  convey  said  connecting 
wires  in  an  underground  conduit  through  the  streets  or  alleys  of  the 
city  of  Chicago,  which  conduit  shall  be  used  by  the  company  for  the 
purpose  herein  set  forth  only.  Before  making  any  excavation,  or  in 
anywise  interfering  with  the  surface  of  any  street  or  alley,  said  com- 
pany shall  obtain  from  the  commissioner  of  public  works  a permit 
therefor,  and  shall  also  deposit  with  the  treasurer  of  the  city  of  Chicago 
a sufficient  sum  to  cover  the  cost  of  restoring  such  street  or  alley  ac- 
cording to  an  estimate  of  the  probable  cost  thereof  to  be  made  by  the 
commissioner  of  public  works,  and  all  wires  and  conductors  for  the 
transmission  of  electricity  in  and  along  the  street  shall  be  constructed 
in  a substantial  and  workmanlike  manner  and  under  the  supervision 
of  the  commissioner  of  public  works  so  as  to  interfere  as  little  as  pos- 
sible with  the  public  travel.  It  is  provided  hereby,  however,  that  upon 


CHICAGO  CITY  RAILWAY  COMPANY. 


1203 


514] 


permit  therefor  being  granted  by  the  mayor  and  commissioner  of  pub- 
lic works,  the  said  company  may  use  for  its  suspension  and  feeder 
wires,  wooden  poles  already  erected  or  to  be  erected  in  said  respective 
streets  when  practicable  and  the  owners  of  said  poles  consent  thereto. 

And  in  the  event  that  some  practicable  and  less  objectionable 
method  of  furnishing  electricity  or  other  power  for  the  operation  of 
said  railway  be  discovered,  the  said  company,  its  successors  or  assigns, 
shall  have  the  right  or  may  be  compelled  by  the  city  council  of  the 
city  of  Chicago  to  adopt  such  practicable  and  less  objectionable 
method  of  furnishing  motive  power  in  place  of  said  overhead  contact 
wires,  when  the  same  is  approved  by  the  mayor  and  the  commissioner 
of  public  works. 

1 3.  Underground  system.]  § 3.  That  said  company  is  fur- 
ther hereby  authorized  and  permitted  upon  the  respective  lines  of  street 
car  tracks  hereinbefore  described  and  designated,  to  operate  and  pro- 
pel its  said  cars  by  the  underground  electric  system  of  propulsion,  and 
shall  have  -the  right  to  make  the  necessary  excavation  and  conduit 
therefor,  and  to  connect  their  electric  wires  by  substantial  underground 
devices  with  the  generator  or  power  station,  or  any  stations  or  oar 
houses  that  may  be  erected  in  connection  with  said  railroads,  or  with 
any  other  power  house  or  station  along  any  of  the  lines  of  road  of  said 
company  used  by  it  in  connection  with  its  cable,  horse  or  electric  sys- 
tem, and  may  convey  said  wires  from  such  power  houses  or  stations 
to  the  said  line  and  street  by  means  of  suitable  underground  devices 
or  appliances.  All  of  such  appliances  and  devices  to  be  of  such  char- 
acter and  laid  in  such  manner  as  may  be  approved  by  the  commissioner 
of  public  works. 

1 4.  Return  circuit— guard  wires.]  § 4.  Said  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor,  independent 
of  its  rails,  upon  the  respective  lines  of  street  railway  hereby  authorized 
to  be  operated  by  overhead  or  underground  contact  wires.  Whenever 
other  lines  of  wire  cross  the  wires  to  be  strung,  by  virtue  of  this  ordi- 
nance, the  latter  wires  shall  be  protected  by  guard  wires,  or  other 
suitable  mechanical  device  as  may  be  directed  by  the  commissioner  of 
public  works. 

1 5.  Improvement  and  repair  of  streets.]  § 5.  The  per- 
tion  that  said  company  shall,  and  by  the  acceptance  hereof  said 
mission  and  authority  hereby  given  are  on  the  further  express  condi- 
company  agrees  that  it  will  pave  and  keep  in  repair  sixteen  (16)  feet  in 
width  in  the  center  of  the  street  so  occupied  in  manner  as  provided  by 
section  two  (2)  of  the  ordinance  of  July  30th,  1883,  relating  to  street 
railways. 

IT  6.  Rate  of  fare.]  § 6.  The  rate  of  fare  shall  not  exceed  five 
cents  for  any  distance  between  Madison  street  and  the  terminus  of  the 
respective  lines  hereby  authorized.  Passengers  upon  any  line  hereby 
authorized,  and  passengers  upon  any  line  belonging  t!o  or  operated  by 


1204 


STREET  RAILWAYS. 


[§  515 


said  company  which  does,  or  may  at  any  time,  cross  or  intersect  any 
line  hereby  authorized  and  operated  by  the  Chicago  City  Railway 
Company  shall,  on  payment  of  cash  fare,  be  transferred  from  one  line 
to  the  other  at  the  point  of  such  crossing  or  intersection  without  ad- 
ditional fare. 

If  7.  License  fee.]  §7.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  lines  herein  provided,  said  company 
shall  conform  to  and  comply  with  section  one  (1)  of  an  ordinance 
passed  July  30th,  1883,  relating  to  street  railways. 

1 8.  Grant  twenty  years— acceptance.]  § 8.  The  grant  here- 
in given  shall  extend  for  the  term  of  twenty  (20)  years  from  the  pas- 
sage hereof;  provided,  the  same  shall  be  accepted  by  said  company 
within  thirty  days  after  its  passage. 

T 9.  Style  of  rails.]  § 9.  Said  company  is  hereby  permitted 
to  use  upon  the  respective  lines  hereby  authorized,  modern  improved 
girder  rails,  and  so  laid  that  vehicles  may  freely  and  safely  cross  said 
tracks;  provided,  however,  that  the  rails  to  be  used  in  the  tracks  here- 
in authorized,  shall  be  such  as  have  been  first  approved  by  the  com- 
missioner of  public  works. 

IT  10.  Indemnity  clause— bond.]  § 10.  Said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  all  damages,  judgments,  decrees  and  costs  and  expenses  which 
said  city  may  suffer,  or  which  may  be  recoverable  or  obtained  against 
said  city  for,  or  by  reason  of  the  granting  of  the  privileges  hereby  con- 
ferred upon  it,  or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting 
from  the  exercise  by  said  company  of  the  privileges  hereby  granted,  or 
from  any  act  or  acts  of  said  company,  its  servants  or  agents, 
under  or  by  virtue  of  the  provisions  of  this  ordinance,  and  said  com- 
pany shall,  within  the  time  limited  for  the  acceptance  of  this  ordinance, 
file  with  the  city  clerk  a bond  to  the  city  of  Chicago  in  the  penal  sum 
of  ten  thousand  (10,000)  dollars,  with  sureties  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  conditioned  upon  the  faithful  perform- 
ance and  observance  by  said  company  of  all  the  conditions  and  pro- 
visions of  this  ordinance. 

1 11.  When  in  force— acceptance.]  § 11.  This  ordinance 

shall  be  in  force  and  take  effect  from  and  after  its  passage  and  accept- 
ance; provided,  the  bond  hereinabove  mentioned  shall  be  filed  and 
this  ordinance  accepted  within  thirty  days  after  the  passage  of  the 
same,  otherwise  this  ordinance  shall  be  void. 

Note. — See  following  amendatory  ordinance.  Also  ordinance  of 
April  8,  1897. 

§ 515.  Chicago  City  Railway  company. 

If  1.  Amending  section  2 of  foregoing  ordinance, 
j ^f  2.  When  in  force. 


§5i«] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1205 


An  ordinance  amending  an  ordinance  granting  certain  rights  and  privileges  to 
the  Chicago  City  Railway  company,  passed  July  8,  1895.  (Passed  July  15, 

1895.) 

T 1.  Amending  section  two  of  foregoing  ordinance.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  an 

ordinance  passed  by  the  city  council  on  the  8th  day  of  July,  1895,  be- 
ginning on  page  671  of  the  published  council  proceedings  of  that  date, 
be  and  the  same  is  hereby  amended  by  striking  from  section  2,  on  page 
674  of  said  ordinance,  the  following  words : 

“And  in  the  event  that  some  practicable  and  less  objectionable 
“ method  of  furnishing  electricity  or  other  power  for  the  operation  of 
“ said  railway  be  discovered,  the  said  company,  its  successors  or  as- 
“ signs,  shall  have  the  right,  or  may  be  compelled,  by  the  city  council 
“ of  the  city  of  Chicago,  to  adopt  such  practicable  and  less  objection- 
“ able  method  of  furnishing  motive  power  in  place  of  said  overhead 
“ contact  wires  when  the  same  is  approved  by  the  mayor  and  the  com- 
“ missioner  of  public  works.”  The  intention  hereby  being  to  eliminate 
from  said  ordinance  the  provision  in  the  said  words  contained,  and 
permit  the  Chicago  City  Railway  Company  to  accept  the  conditions  of 
said  ordinance  under  the  terms  thereof  without  said  words. 

Hj  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 516.  Chicago  City  Railway  company. 

IT  1.  Grant— Forty-seventh  street — time  of  completion. 

•f  2.  Power— overhead  wires — restoration  of  streets. 

Hi  3.  Underground  system. 

Ht  4.  Return  circuit — guard  wires. 

H[  5.  Improvement  and  repair  of  streets. 

H[  6.  Rate  of  fare. 

Hf  7.  License  fee. 

Ht  8.  Term  of  grant — acceptance. 

9.  Style  of  rails. 

Hi  10.  Indemnity  clause — bond. 

Hi  11.  Widen  streets — style  of  curb — paving. 

TT  12.  When  in  force— acceptance. 

An  ordinance  authorizing  the  Chicago  City  Railway  company  to  lay  tracks  on 
Forty-seventh  street,  from  the  right  of  way  of  the  Illinois  Central  Railroad 
company  west,  and  to  connect  with  the  tracks  on  Cottage  Grove  avenue,  and 
on  said  Forty-seventh  street  at  and  west  of  Cottage  Grove  avenue.  (Passed 
July  8,  1895.  Accepted  July  24,  1895.) 

Hf  1.  Grant — 47th  street — time  of  completion.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § i.  In  consider- 

ation of  the  undertaking  by  the  Chicago  City  Railway  Company  to 
comply  with  the  provisions  herein  contained,  permission  and  authority 
are  hereby  granted  to  said  Chicago  City  Railway  Company,  its  suc- 
cessors and  assigns,  to  lay  down,  maintain  and  operate  a double  track 
street  railroad,  with  all  the  necessary  and  convenient  turnouts,  side 
tracks  and  switches,  on  Forty-seventh  street,  from  t'he  right  of  way  of 
the  Illinois  Central  Railroad  Company  at  Forty-seventh  street,  west 


1206 


STREET  RAILWAYS. 


[§  5l6 


on  said  Forty-seventh  street  to  the  west  line  of  Cottage  Grove  avenue, 
and  to  connect  and  operate  the  same  with  the  tracks  on  Forty-seventh 
street  to  and  west  of  Cottage  Grove  avenue,  and  upon  Cottage  Grove 
avenue;  provided,  however,  and  the  permission  and  authority  hereby 
granted  are  upon  the  express  condition  that  the  tracks  hereby  author- 
ized shall  be  built  and  in  operation  within  twelve  months  after  the  pas- 
sage of  this  ordinance,  not  counting  the  months  of  December,  Janu- 
ary, February  and  March,  but  should  the  construction  of  said  tracks, 
or  any  part  thereof,  be  delayed  by  injunction  of  any  court,  then  as  to 
the  portion  so  delayed,  the  time  of  such  delay  shall  be  excluded  from 
the  time  herein  limited. 

1 2.  Power — overhead ~wires— restoration  of  streets.]  § 2. 

The  cars  of  said  railway  company  on  said  Forty-seventh  street  may  be 
operated  by  animal,  electric  or  cable  power,  or  such  other  power  as 
said  company  is  by  ordinance  of  the  city  of  Chicago  now  authorized  to 
use;  provided,  that  if  the  said  company  shall  adopt  its  so-called  ‘‘cable 
system,”  the  same  shall  be  constructed  and  operated  as  provided  by, 
and  subject  to  the  conditions  of  the  ordinance  passed  January  17th, 
A.  D.  1881,  authorizing  the  Chicago  City  Railway  Company  to  oper- 
ate its  cars  by  other  than  animal  power;  and  if  electric  power  shall  be 
used  by  means  of  overhead  contact  trolley  wires,  such  overhead  wires, 
together  with  the  necessary  feed  wires,  may  be  suspended  from  bracket 
poles  placed  in  the  center  of  the  street  along  such  line  or  route,  the 
placing  of  such  poles  to  be  determined  by  the  mayor  and  commissioner 
of  public  works,  and  said  poles  to  be  ornamental  iron  or  steel,  and  of 
such  construction  and  design  as  the  mayor  and  commissioner  of  public 
works  may  approve.  Said  trolley  and  feeder  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  (183/2)  feet  above  the  rails,  and  the 
said  poles  and  supports  shall  be  placed' on  an  average  of  not  less  than 
one  hundred  and  fifteen  (1 1 5)  feet  apart.  No  poles  shall  be  set  at  the 
intersection  of  streets  and  alleys.  Such  poles  and  wires  to  be  erected 
and  maintained  for  the  purpose  of  supplying  electric  current,  which 
can  be  used  for  power,  heat  and  light  purposes,  and  for  the  use  of  said 
company  only;  and  with  the  right  to  connect  the  wire  herein  author- 
ized with  the  generator  or  power  station,  or  any  station  or  car  house 
in  connection  with  said  railroad,  or  with  any  power  house  or  station 
along  any  line  of  railroad  of  said  company  used  by  it  in  connection 
with  its  cable,  horse  or  electric  system;  and  said  company  may  con- 
vey said  wires  from  such  power  house  or  station  to  the  line  of  wire 
hereby  authorized  upon  poles  placed  upon  or  along  the  alleys  of  the 
city,  or,  whenever,  in  the  judgment  of  the  commissioner  of  public 
works,  it  shall  be  impracticable  to  place  such  poles  in  alleys,  he  may, 
for  the  purpose  above  mentioned,  permit  to  be  placed  in  streets,  orna- 
mental iron  or  steel  poles  of  such  design  and  construction  as  he  may 
approve;  or  said  company  may,  if  the  mayor  and  commissioner  of 
public  works  consent  thereto,  convey  said  connecting  wires  in  an  un- 
derground conduit  through  the  streets  or  alleys  of  the  city  of  Chicago, 


§ 5"6] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1207 


which  conduit  shall  be  used  by  the  company  for  the  purpose  herein 
set  forth  only.  Before  making  any  excavation  or  in  any  wise  inter- 
fering with  the  surface  of  any  street  or  alley,  said  company  shall  ob- 
tain from  the  commissioner  of  public  works  a permit  therefor,  and 
shall  also  deposit  with  the  treasurer  of  the  city  of  Chicago  a sufficient 
sum  to  cover  the  cost  of  restoring  such  street  or  alley  according  to  an 
estimate  of  the  probable  cost  thereof,  to  be  made  by  the  commissioner 
of  public  works,  and  all  wires  and  conductors  for  the  transmission  of 
electricity  in  and  along  the  street  shall  be  constructed  in  a substantial 
and  workmanlike  manner,  and  under  the  supervision  of  the  commis- 
sioner of  public  works,  so  as  to  interfere  as  little  as  possible  with  tjie 
public  travel.  It  is  provided,  hereby,  however,  that  upon  permit  there- 
for being  granted  by  the  mayor  and  commissioner  of  public  works, 
the  said  company  may  use  for  its  feeder  wires,  wooden  poles  already 
erected  or  to  be  erected  in  said  street,  when  practicable,  and  the  own- 
ers of  said  poles  consent  thereto. 

And  in  the  event  that  some  practicable  and  less  objectionable 
method  of  furnishing  electricity  or  other  power  for  the  operation  of 
said  railway  be  discovered,  the  said  company,  its  successors  or  assigns, 
shall  have  the  right,  or  may  be  compelled  by  the  city  council  of  the 
city  of  Chicago  to  adopt  such  practicable  and  less  objectionable 
method  of  furnishing  motive  power  in  place  of  said  overhead  contact 
wires  when  the  same  is  approved  by  the  mayor  and  commissioner  of 
public  works. 

IF  3.  Underground  system,]  § 3.  That  said  company  is  further 
hereby  authorized  and  permitted,  upon  the  line  of  street  car  tracks 
hereinbefore  described  and  designated,  to  operate  and  propel  its  said 
cars  by  the  underground  electric  system  of  propulsion,  and  shall  have 
the  right  to  make  the  necessary  excavation  and  conduit  therefor,  and 
to  connect  their  electric  wires  by  substantial  underground  devices, 
with  the  generator  or  power  station  or  any  stations  or  car  houses  that 
may  be  erected  in  connection  with  said  railroad,  or  with  any  other 
power  house  or  station  along  any  of  the  lines  or  road  of  said  company 
used  by  it  in  connection  with  its  cable,  horse  or  electric  system,  and 
may  convey  said  wires  from  such  power  houses  or  stations  to  the  said 
line  and  street  by  means  of  suitable  underground  devices  or  appli- 
ances, all  of  such  appliances  and  devices  to  be  of  such  character  and 
laid  in  such  manner  as  may  be  approved  by  the  commissioner  of  pub- 
lic works. 

1 4.  Return  circuit— guard  wires.]  § 4.  Said  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor  independent 
of  its  rails,  upon  the  line  of  street  railroad  hereby  authorized  to  be 
operated  by  overhead  or  underground  contact  wires.  Whenever  other 
lines  of  wire  cross  the  wires  to  be  strung  by  virtue  of  this  ordinance, 
the  latter  wires  shall  be  protected  by  guard  wires  or  other  suitable  me- 
chanical device  as  may  be  directed  by  the  commissioner  of  public 
works. 


1208 


STREET  RAILWAYS. 


[§  5l6 


IT  5.  Improvement  and  repair  of  streets.]  § 5.  The  per- 
mission and  authority  hereby  given  are  on  the  further  express  condi- 
tion that  said  company  shall,  and  by  the  acceptance  hereof  said  com- 
pany agrees  that  it  will  pave  and  keep  in  repair  sixteen  (16)  feet  in 
width  in  the  center  of  the  street  so  occupied,  in  manner  as  provided 
by  section  two  (2)  of  the  ordinance  of  July  30th,  1883,  relating  to  street 
railways. 

1 6.  Rate  of  fare.]  § 6.  The  rate  of  fare  shall  not  exceed  five 
cents  for  any  distance  between  Madison  street  and  the  terminus  of  the 
line  hereby  authorized.  Passengers  upon  the  line  hereby  authorized, 
and  passengers  upon  any  line  belonging  to  or  operated  by  said  com- 
pany, which  does  or  may  at  any  time  cross  or  intersect  the  line  hereby 
authorized  and  operated  by  the  Chicago  City  Railway  Company,  shall, 
on  payment  of  cash  fare,  be  transferred  from  one  line  to  the  other  at 
the  point  of  such  crossing  or  intersection  without  additional  fare. 

IF  7.  License  fee.]  § 7.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  said  company  shall 
conform  to  and  comply  with  section  one  (1)  of,  an  ordinance  passed 
July  30th,  1883,  relating  to  street  railways. 

1 8.  Term  of  grant— acceptance.]  § 8.  The  grant  herein 
given  shall  extend  for  the  term  of  twenty  (20)  years  from  the  passage 
hereof;  provided  the  same  shall  be  accepted  by  said  company  within 
thirty  days  after  its  passage. 

T 9.  Style  of  rails.]  § 9.  Said  company  is  hereby  permitted 
to  use  upon  the  line  hereby  authorized  modern  improved  girder  rails, 
and  so  laid  that  vehicles  may  freely  and  safely  cross  said  tracks;  pro- 
vided, however,  that  the  rails  to  be  used  in  the  tracks  herein  authorized 
shall  be  such  as  have  been  first  approved  by  the  commissioner  of  pub- 
lic work's. 

1 10.  Indemnity  clause — bond.]  § 10.  Said  company  shall 
forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  all  damages,  judgments,  decrees  and  costs  and  expense  which 
said  city  may  suffer,  or  which  may  be  recoverable  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  the  privileges  hereby  con- 
ferred upon  it,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from  the  exercise  by  said  company  of  the  privileges  hereby  granted,  or 
from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or 
by  virtue  of  the  provisions  of  this  ordinance,  and  said  company  shall, 
within  the  time  limited  for  the  acceptance  of  this  ordinance,  file  with 
the  city  clerk  a bond  to  the  city  of  Chicago  in  the  penal  sum  of  ten 
thousand  dollars  ($10,000),  with  sureties  to  be  approved  by  the  mayor 
of  the  city  of  Chicago,  conditioned  upon  the  faithful  performance  and 
observance  by  said  company  of  all  the  conditions  and  provisions  of  this 
ordinance. 

1 11.  Widen  street  style  of  curb— paving.]  § 11.  In  ccn- 


CHICAGO  CITY  RAILWAY  COMPANY. 


1209 


§ 5J7] 

sideration  of  the  grant  and  privilege  herein  to  the  Chicago  City  Rail- 
way Company,  said  company  hereby  agrees  and  covenants,  upon  the 
acceptance  of  the  provisions  of  this  ordinance,  to  remove  from  said 
Forty-seventh  street,  between  the  east  line  of  Drexel  boulevard  and  the 
east  end  of  the  line,  the  curb  stone  now  in  place  upon  said  street,  to  ex- 
tend or  widen  the  driveway,  or  road  of  said  Forty-seventh  street,  be- 
tween said  Drexel  avenue  and  t'he  east  end  of  the  line,  about  six  feet. 
That  is  about  three  feet  upon  each  of  the  respective  sides  of  said  street, 
but  so  as  not  to  injure  trees  or  shrubbery  upon  the  respective  sides  of 
said  street,  and  in  and  upon  the  street  line  thus  indicated  to  place,  set 
and  establish  a curb  commonly  called  a boulevard  curb  and  gutter,  of 
cement,  the  same  to  be  made  and  set  agreeable  to  the  directions  and 
under  the  supervision  and  inspection  of  the  department  of  public  works 
of  said  city.  The  said  company  further  agrees  to  repave,  in  conformity 
with  the  paving  on  either  side  of  its  proposed  tracks,  the  said  space  of 
six  feet  not  already  covered  by  the  gutter  of  said  curb,  and  to  readjust 
the  driveways  to  abutting  property  so  that  they  conform  to  said  new 
curb  and  paving,  but  without  expense  or  cost  to  the  city  or  any  abut- 
ting owner.  The  said  moving  back  and  replacing  said  curb  and  gutter 
and  said  repaving,  and  the  readjustment  of  said  driveways  to  abutting 
property,  to  be  in  all  respects  first  class  and  without  expense  or  cost  to 
said  city  or  abutting  owner. 

1"  12.  When  in  force — acceptance.]  § 12.  This  ordinance 
shall  be  in  force  and  take  effect  from  and  after  its  passage  and  accept- 
ance; Provided,  the  bond  herein  mentioned  shall  be  filed  and  this  ordi- 
nance accepted  within  thirty  days  after  the  passage  of  the  same,  other- 
wise this  ordinance  shall  be  void. 

Note. — See  following  amendatory  ordinance. 

§ 517.  Chicago  City  Railway  company. 

IT  1.  Amend  section  2 of  foregoing  ordinance. 

If  2.  When  in  force. 

An  ordinance  amending  an  ordinance  granting  certain  rights  to  the  Chicago 
City  Railway  company,  passed  July  8,  1895.  (Passed'july  15,  1895.) 

if  1.  Amend  section  2 of  foregoing  ordinance.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  an  ordi- 

nance passed  by  the  city  council  on  the  8th  day  of  July,  1895,  begin- 
ning on  page  679  of  the  published  council  proceedings  of  that  date, 
be  and  the  same  is  hereby  amended  by  striking  from  section  2 of  said 
ordinance,  the  following  words: 

“And  in  the  event  that  some  practicable  and  less  objectionable 
method  of  furnishing  electricity  or  other  power  for  the  operation  of 
said  railway  be  discovered,  the  said  company,  its  successors  or  assigns, 
shall  have  the  right  or  may  be  compelled  by  the  city  council  of  the  city 
of  Chicago  to  adopt  such  practicable  and  less  objectionable  method  of 
furnishing  motive  power  in  place  of  said  overhead  contact  wires,  when 


r 


1210 


STREET  RAILWAYS. 


[§  518 


the  same  is  approved  by  the  mayor  and  the  commissioner  of  public 
works.”  The  intention  hereby  being  to  eliminate  from  said  ordinance 
the  provision  in  the  said  words  contained,  and  permit  the  Chicago  City 
Railway  Company  to  accept  the  conditions  of  said  ordinance  under 
the  terms  thereof  without  said  words. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 518.  Chicago  City  Railway  company. 

Tf  1.  Grant— lines  designated. 

*11  2.  Overhead  wires— deposit  for  restoration  of  streets. 

If  3.  Underground  system. 

If  4.  Bond  and  acceptance. 

If  5.  Return  circuit — guard  wires. 

if  6.  Style  of  rails. 

If  7.  Indemnity  clause— acceptance. 

If  8.  Compensation. 

If  9.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Chicago  City  Railway  company  to 

operate  certain  horse  car  lines  by  electric  power.  (Passed  July  15,  1895. 

Accepted  July  24,  1895.) 

IT  1.  Grant— lines  designated.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  In  consideration  of  the  under- 

taking by  the  Chicago  City  Railway  Company  to  comply  with  the  pro- 
visions herein  contained,  permission  and  authority  are  hereby  granted 
to  said  company,  its  successors,  assigns  and  lessees,  to  propel  and 
operate  with  electricity  its  cars  upon  and  along  the  following  streets  in 
the  city  of  Chicago,  to  wit: 

Archer  avenue,  from  the  river  east  to  the  intersection  of  State 
street,  upon  the  tracks  of  the  Chicago  City  Railway  Company  on  said 
street,  and  so  that  said  Archer  avenue  car,  east  from  t'he  river,  may 
become  a trailer  of  the  State  street  grip  car  on  State  street  north  of 
Nineteenth  street. 

Clark  street,  from  Adams  street  to  Twenty-second  street,  thence 
on  Twenty-second  street  to  Wentworth  avenue,  and  thence  south  on 
Wentworth  avenue. 

Ullman  street,  upon  and  along  the  tracks  of  the  Chicago  City  Rail- 
way Company  now  on  said  street. 

Halsted  street,  from  O’Neill  street  to  the  south  line  of  Archer  ave- 
nue, and  across  the  bridge  between  said  points. 

Twenty-second  street,  from  Indiana  avenue  to  the  Chicago  river, 
upon  and  along  the  tracks  of  the  Chicago  City  Railway  Company  on 
said  street. 

Dearborn  street,  upon  and  along  the  track  of  the  Chicago  City 
Railway  Company  on  said  street,  and 

Thirty-fifth  street,  from  the  west  line  of  State  street  to  Cottage 
Grove  avenue,  upon  and  along  the  tracks  of  said  company  now  on  said 


CHICAGO  CITY  RAILWAY  COMPANY. 


1211 


5j8] 


street,  and  when  laid,  the  tracks  thereon  authorized  by  ordinance  of 
March  21st,  1892,  which  ordinance  is  hereby  amended. 

If  2.  Overhead  wires— deposit  for  restoration  of  streets.]  § 2. 

That  the  cars  of  the  said  Chicago  City  Railway  Company,  within  and 
upon  the  respective  lines  hereinbefore  described  and  designated,  may 
be  operated  and  propelled  by  electric  power  by  means  of  overhead 
contact  wires;  such  overhead  wires,  together  with  the  necessary  feed 
wires,  may  be  suspended  from  poles  set  within  the  curb  limits  of  the 
street  on  either  side  thereof,  or  from  bracket  poles  placed  in  the  center 
of  the  street  along  such  lines  or  routes,  the  placing  of  said  poles  to  be 
determined  by  the  mayor  and  commissioner  of  public  works,  and  said 
poles  to  be  ornamental  iron  or  steel,  and  of  such  construction  and  de- 
sign as  the  mayor  and  commissioner  of  public  works  may  approve. 
Said  trolley  and  feeder  wires  shall  be  suspended  not  less  than  eighteen 
and  one-half  (i8J4)  feet  above  the  rails,  and  the  said  poles  and  supports 
shall  be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen 
(115)  feet  apart  No  poles  shall  be  set  at  the  intersection  of  streets  and 
alleys.  Such  poles  and  wires  to  be  erected  and  maintained  for  the  pur- 
pose of  supplying  electric  current,  which  shall  be  used  for  power,  heat 
and  light  purposes  for  the  Chicago  City  Railway  Com- 
pany only,  and  with  the  right  to  connect  the  wires 

herein  authorized  with  the  generator  or  power  station,  or  any  station 
or  car  house  in  connection  with  said  lines  of  railroad,  or  with  any  pow- 
er house  or  station  along  any  line  or  lines  of  railroad  of  said  company 
used  by  it  in  connection  with  its  cable,  horse  or  electric  system,  and 
said  company  may  convey  said  wires  from  such  power  house  or  sta- 
tion to  the  lines  of  wire  hereby  authorized  upon  poles  placed  upon  or 
along  the  alleys  of  the  city,  or  whenever,  in  the  judgment  of  the  com- 
missioner of  public  works,  it  shall  be  impracticable  to  place  such  poles 
in  the  alleys  he  may,  for  the  purpose  above  mentioned,  permit  to  be 
placed  in  streets,  ornamental  iron  or  steel  poles  of  such  design  and 
construction  as  he  may  approve,  or  said  company  may,  if  the  mayor 
and  commissioner  of  public  works  consent  thereto,  convey  said  con- 
necting or  feeder  wires  in  an  underground  conduit  through  the  streets 
or  alleys  of  the  city  of  Chicago,  which  conduit  shall  be  used  by  the 
said  company  for  the  purpose  herein  set  forth  only.  Before  making 
any  excavation  or  in  anywise  interfering  with  the  surface  of  any  street 
or  alley,  said  company  shall  obtain  from  the  commissioner  of  public 
works  a permit  therefor,  and  shall  also  deposit  with  the  treasurer  of 
the  city  of  Chicago,  a sufficient  sum  to  cover  the  cost  of  restoring 
s^h  street  or  alley,  according  to  an  estimate  of  the  probable  cost  there- 
of; to  be  made  by  the  commissioner  of  public  works,  and  all  wires  and 
conductors  for  the  transmission  of  electricity  in  and  along  the  street, 
shall  be  constructed  in  a substantial  and  workmanlike  manner,  and 
under  the  supervision  of  the  commissioner  of  public  works,  and  so  as 
to  interfere  as  little  as  possible  with  the  public  travel.  It  is  further 


1212 


STREET  RAILWAYS. 


[§  5l8 


hereby  provided  and  agreed  that  no  feeder  wire  or  wires  shall  be  strung 
or  carried  overhead  on  or  along  Clark  street,  Archer  avenue  or  Twen- 
ty-second street ; and  it  is  further  understood  and  agreed  that  a cen- 
ter pole  construction  between  the  respective  tracks  on  Clark  street 
shall  be  used  instead  of  side  poles.  It  is  provided  hereby,  however, 
that  upon  permit  therefor  being  granted  by  the  mayor  and  commis- 
sioner of  public  works,  the  said  company  may  use  for  its  said  suspen- 
sion and  feeder  wires,  wooden  poles  already  erected  or  to  be  erected  in 
the  streets  or  alleys  (except  on  Clark  street),  when  practicable  and  the 
owners  of  said  poles  consent  thereto. 

And  it  is  further  provided  that  the  electric  cars  on  said  lines  shall 
be  equipped  with  the  most  generally  approved  life  guard  and  fender, 
and  which  shall  be  approved  by  the  commissioner  of  public  works. 

If  3.  Underground  system.]  § 3.  That  said  company  is 
further  hereby  authorized  and  permitted  upon  the  lines  of  street  car 
tracks  hereinbefore  described  and  designated,  and  upon  other  lines 
of  street  car  tracks  now  operated  by  said  company  with  horses,  to 
operate  and  propel  its  said  cars  by  the  underground  electric  system  of 
propulsion,  and  shall  have  the  right  to  make  the  necessary  excavation 
and  conduit  therefor,  and  to  connect  their  electric  wires  by  substantial 
underground  devices  with  the  generator  or  power  station,  or  any  sta- 
tions or  car  houses  that  may  be  erected  in  connection  with  said  rail- 
roads or  with  any  other  power  house  or  station  along  any  of  the  lines 
of  road  of  said  company  used  by  it  in  connection  with  its  cable,  horse 
or  electric  system,  and  may  convey  said  wires  from  such  power  houses 
or  stations  to  the  said  lines  and  streets,  or  any  of  them,  by  means  of 
suitable  underground  devices  or  appliances.  All  of  such  appliances 
and  devices  to  be  of  such  character  and  laid  in  such  manner  as  may 
be  required  by  the  commissioner  of  public  works.  And  said  company 
is  further  hereby  authorized  and  permitted  to  propel  and  operate  its 
cars  over  its  various  lines  by  any  motor  or  motive  power  which  it  shall 
see  fit  to  adopt  and  use  (except  steam  locomotive  engine);  provided, 
however,  that  such  motor  or  motive  power  shall  be  practically  noise- 
less, and  before  using  shall  be  approved  and  permit  therefor  given  by 
the  mayor  and  commissioner  of  public  works. 

IT  4.  Bond  and  acceptance.]  § 4.  The  permission  and  author- 
ity herein  and  hereby  granted  shall  attach  at  once  upon  the  filing  of  a 
bond  and  acceptance  hereof  as  hereinafter  provided,  and  the  said  per- 
mission and  authority  may  be  exercised  by  said  company  at  any  time 
after  the  passage  and  acceptance  of  this  ordinance,  and  from  time  to 
time  after  such  acceptance,  upon  such  streets  or  parts  of  streets  h«- 
inbefore  mentioned  as  the  said  company  may  select  or  determine;  jm)- 
vided,  however,  that  the  permission  and  authority  hereby  given  and 
herein  granted,  shall  only  extend  to  and  embrace  the  term  of  eight 
years  from  the  passage  of  this  ordinance. 

IT  5.  Return  circuit-  guard  wires.]  § 5.  Said  company  shall 


§5i8] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1213 


establish  and  maintain  a metallic  return  circuit  conductor  independent 
of  its  rails  upon  all  the  lines  of  street, railroad  hereby  authorized  to  be 
operated  by  electric  overhead  or  underground  contact  wires.  When- 
ever  other  lines  of  wire  cross  the  wires  to  be  strung  by  virtue  of  this 
ordinance,  the  latter  wires  shall  be  protected  by  guard  wires  or  other 
suitable  mechanical  device  as  may  be  directed  by  the  commissioner 
of  public  works.  The  said  company  shall  carry  free  of  charge  on  all 
cars  operated  by  it,  the  city  police  and  firemen  in  uniform. 

IT  6.  Style  of  rails.]  § 6.  That  the  Chicago  City  Railway 
Company  is  hereby  permitted  and  authorized  to  use  upon  and  along 
the  tracks  herein  mentioned,  in  place  of  the  rails  now  in  said  tracks, 
modern  improved  girder  rails,  but  so  laid  that  vehicles  may  freely  and 
safely  cross  said  tracks;  provided,  however,  that  the  rails  to  be  used 
on  the  tracks  herein  mentioned  shall  only  be  such  as  shall  have  been 
first  approved  by  the  commissioner  of  public  works. 

T 7.  Indemnity  clause — acceptance.]  § 7.  Said  company  shall 
forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recoverable  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  it,  or  for  or  by  reason  of,  or 
growing  out  of,  or  resulting  from  the  exercise  by  said  com- 
pany of  the  privileges  hereby  granted  or  from  any  act  or  acts  of 
said  company,  its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance,  and  said  company  shall,  within  the  time 
limited  for  the  acceptance  of  this  ordinance,  file  with  the  city  clerk 
a bond  to  the  city  of  Chicago  in  the  penal  sum  of  twenty  thousand 
dollars,  with  sureties  to  be  approved  by  the  mayor  of  the  city  of  Chi- 
cago, conditioned  upon  the  faithful  performance  and  observance  by 
said  company  of  all  the  conditions  and  provisions  of  this  ordinance. 

•J  8.  Compensation.]  § 8.  In  consideration  of  the  exercise  of 
the  permit,  privileges  and  rights  conferred  upon  the  Chicago  City  Rail- 
way Company  in  and  by  this  ordinance  in  respect  to  Clark  street,  said 
railway  company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago on  the  first  day  of  January,  1896,  the  sum  of  twenty-five  thousand 
($25,000)  dollars,  to  be  used  by  said  city  for  street  lighting  purposes, 
and  in  the  event  of  the  construction,  within  three  years  from  the  pas- 
sage of  this  ordinance,  of  a viaduct  in  said  Clark  street  over  the  rail- 
road tracks  crossing  said  Clark  street  near  Sixteenth  street,  shall 
further  pay  into  the  city  treasury  of  the  city  of  Chicago  the  sum  of 
thirty  thousand  ($30,000)  dollars,  to  be  applied  toward  the  construction 
of  such  viaduct,  said  last  mentioned  payment  to  be  made  as  follows: 
Fifteen  thousand  ($15,000)  dollars  to  be  paid  when  the  contract,  or 
contracts,  for  said  viaduct  shall  be  let,  and  the  remaining  fifteen  thou- 
sand ($15,000)  dollars  when  said  viaduct  shall  be  completed  and  ready 
for  use. 


1214 


STREET  RAILWAYS. 


[§  5J9 


1 9.  When  in  force— acceptance.]  § 9.  This  ordinance  shall 
take  effect  and  be  in  force  from^nd  after  its  passage  and  acceptance; 
provided,  the  bond  hereinbefore  mentioned  shall  be  filed  and  this  ordi- 
nance accepted  within  thirty  days  after  the  passage  of  the  same,  other- 
wise this  ordinance  shall  be  void. 

Note. — See  following  amendatory  ordinance  and  agreement. 

§ 519.  Chicago  City  Railway  company. 

1.  Amending  section  i of  foregoing  ordinance. 

2.  Indemnity  clause— bond. 

*j[  3.  When  in  force. 

An  ordinance  to  amend  an  ordinance  passed  by  the  city  council  of  the  city  of 

Chicago,  July  15,  1895,  appearing  in  council  proceedings  of  that  date  at  pages 

734.  735  and  736,  so  far  as  the  same  pertains  to  Clark  street  in  said  ordinance. 

(Passed  November  11,  1895.  Accepted  November  22,  1895.) 

1 1.  Amending  section  one  of  foregoing  ordinance.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  sec- 

tion one  (1)  of  an  ordinance  passed  by  the  city  council  of  the  city  of 
Chicago,  July  15th,  1895,  appearing  in  council  proceedings  of  that  date 
at  pages  734,  735  and  736,  containing  therein  the  following  clause,  to 
wit:  “Clark  street,  from  Adams  street  to  Twenty-second  street,  thence 

“on  Twenty-second  street  to  Wentworth  avenue,  and  thence  south  on 
“Wentworth  avenue,”  be  and  the  same  is  hereby  amended  bv  substitut- 
ing in  place  of  and  for  “Adams  street,”  the  words,  “Washington 
street,”  so  that  said  clause  shall  read  as  follows: 

“Clark  street,  from  Washington  street  to  Twenty-second  street, 
“thence  on  Twenty-second  street  to  Wentworth  avenue,  and  thence 
“south  on  Wentworth  avenue,”  meaning  and  intending  hereby  to  give 
to  the  Chicago  City  Railway  Company  the  right  and  privilege  of  op- 
erating its  cars  on  Clark  street,  from  Washington  street  south,  by 
electricity,  as  if  the  grant  and  privilege  on  Clark  street  in  said  original 
ordinance  had  extended  to  Washington  street,  provided  said  company 
complies  with  and  performs  all  the  terms,  conditions  and  obligations 
in  said  original  ordinance  contained,  except  as  hereinafter  modified. 

And  it  is  herein  provided  further,  that  the  Chicago  City  Railway 
Company,  upon  any  street  where  it  has  been  granted  by  the  city  coun- 
cil, the  right  to  erect  and  maintain  a center  pole  whether  said  center 
pole  is  now  in  place  or  not,  shall,  upon  the  direction  and  order  of  the 
mayor  and  commissioner  of  public  works  substitute  therefore  and  use 
in  place  and  stead  of  said  center  pole  side  poles  for  maintenance  and 
support  of  the  suspension  wires  pursuant  to  the  requirements  in  case 
of  side  poles  made  and  provided,  and  under  the  direction  of  said  com- 
missioner of  public  works. 

T 2.  Indemnity  clause;  bond.]  § 2.  Said  company  shall 
forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recoverable  or  obtained 


5r9] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1215 


against  said  city  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  it,  or  for  or  by  reason  of  or  growing  out  of  or 
resulting  from  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance,  and  said 
company  shall,  within  the  time  limited  for  the  acceptance  of  this  ordi- 
nance, file  with  the  city  clerk  a bond  to  the  city  of  Chicago  in  the 
penal  sum  of  five  thousand  dollars,  with  sureties  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  conditioned  upon  the  faithful  perform- 
ance and  observance  by  said  company  of  all  the  conditions  and  pro- 
visions of  this  ordinance. 

3.  When  in  force.]  § 3.  This  amended  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and  acceptance, 
provided  that  the  bond  hereinbefore  mentioned  shall  be  filed  and  this 
amended  ordinance  accepted  within  thirty  (30)  days  after  the  passage 
of  the  same,  otherwise  this  ordinance  shall  be  void. 

AGREEMENT. 

Of  the  Chicago  City  Railway  Company  with  the  city  of  Chicago,  dated 
November  18,  1895,  presented  to  the  city  council  by  the  mayor 
and  ordered  published  and  placed  on  file. 

In  consideration  of  the  approval  by  the  mayor  of  the  city  of  Chi- 
cago, subject  to  this  agreement,  of  an  ordinance  passed  by  the  city 
council  of  said  city  on  the  nth  day  of  November,  1895,  amendatory  of 
an  ordinance  passed  by  the  said  city  council  on  the  15th  day  of  July, 
1895,  both  relating  to  an  electric  street  railway  line  on  Clark  street  in 
said  city,  the  said  railroad  company  hereby  covenants  and  agrees  with 
said  city  of  Chicago,  as  follows: 

First — In  lieu  of  the  payment  of  thirty  thousand  dollars  ($30,000), 
provided  to  be  made  by  said  railroad  company  upon  certain  terms  and 
conditions  specified  in  section  eight  of  said  ordinance  of  July  15th, 
1895,  to  be  applied  toward  the  construction  of  a proposed  viaduct  in 
said  Clark  street  over  the  railroad  tracks  crossing  said  street  near  Six- 
teenth street,  said  railroad  company  shall  and  will  pay  into  the  city 
treasury  on  the  first  day  of  May,  1896,  for  the  use  of  said  city,  the  sum 
of  thirty  thousand  dollars  ($30,000),  which  payment  shall  be  taken  as 
the  full  contribution  of  said  railroad  company  toward  the  cost  of  con- 
structing such  proposed  viaduct,  or  of  constructing  any  subway  at  the 
same  place  instead  of  a viaduct,  and  said  payment  of  thirty  thousand 
dollars  ($30,000)  into  the  city  treasury  on  May  1st,  1896,  shall  entitle 
said  railroad  company  to  maintain  and  operate  its  tracks  over  any  via- 
duct or  any  subway  hereafter  constructed  in  said  Clark  street  over  the 
railroad  tracks  at  or  near  Sixteenth  street  without  being  required  to 
make  any  further  contribution  or  payment  toward  the  cost  of  con- 
struction of  such  viaduct  or  subway. 


1216 


STREET  RAILWAYS. 


[§  52° 


Second — Upon  the  day  when  said  railroad  company  shall  first  op- 
erate by  electrical  power  a street  car  over  that  portion  of  its  tracks  in 
said  Clark  street,  between  Adams  and  Washington  streets,  said  rail- 
road company  shall  further  pay  into  the  treasury  of  the  city  of  Chi- 
cago, as  a contribution  to  the  city’s  fund  for  the  repair  of  improved 
streets,  the  sum  of  twenty-five  thousand  dollars  ($25,000),  which  sum 
is  intended  to  be  in  addition  to  a payment  of  twenty-five  thousand  dol- 
lars ($25,000)  required  in  safd  section  eight  to  be  made  as  a contribu- 
tion for  electric  lighting  purposes  on  the  first  day  of  January,  1896. 

In  witness  whereof  the  said  Chicago  City  Railway  Company  has 
caused  this  instrument  to  be  duly  executed  this  eighteenth  day  of  No- 
vember, 1895. 

Chicago  City  Railway  Company. 

By  George  H.  Wheeler, 

President. 

Approved : 

George  B.  Swift, 

Mayor. 

§ 520  Chicago  City  Railway  company. 

U 1.  Grant — Wentworth  avenue. 

2.  Conditions  of  grant — pave  street,  etc. 

3.  Power — overhead  wires —restoration  of  streets. 

4.  Underground  system. 

5.  Return  circuit — guard  wires, 
if  6.  Rate  of  fare. 

IT  7.  License  fee. 

nt  8.  Grant  20  years— acceptance. 

nr  9.  Style  of  rails  used. 

nt  10.  Indemnity  clause — bond. 

^ 11.  Subject  to  general  ordinances, 
nf  12.  Improvement  and  repair  of  streets, 
nj  13.  When  in  force — acceptance. 

An  ordinance  granting  permission  and  authority  to  the  Chicago  City  Railway 
company  to  lay  down  and  operate  a street  railway  on  Wentworth  avenue, 
from  Thirty-ninth  street  to  Twenty-second  street,  and  from  Twenty-second 
street  to  Archer  avenue.  (Passed  July  6,  1896.  Accepted  July  15,  1896.) 

T 1.  Grant — Wentworth  avenue.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  ac- 

ceptance hereof  and  the  undertaking  by  the  Chicago  City  Railway 
Company  to  comply  with  the  provisions  of  this  ordinance,  authority, 
permission  and  consent  are  hereby  given  and  granted  unto  the  said 
Chicago  City  Railway  Company,  its  successors,  assigns  and  lessees, 
to  construct,  lay  down,  operate  and  maintain  a double  track  street  rail- 
way, with  the  necessary  side  tracks,  connections  and  switches,  upon 
and  along  Wentworth  avenue,  from  Thirty-ninth  street  to  Twenty-sec- 
ond street;  and  upon  and  along  Wentworth  avenue,  from  Twenty- 
second  street  to  Archer  avenue,  respectively,  in  the  city  of  Chicago, 
with  the  right  to  connect  and  operate  such  tracks  with  the  tracks  of 
the  said  company  at  and  south  of  Thirty-ninth  street,  and  at  Archer 


CHICAGO  CITY  RAILWAY  COMPANY. 


1217 


520] 


avenue,  and  all  intersecting  street  car  lines  of  said  Chicago  City  Rail- 
way Company. 

Tf  2.  Conditions  of  grant— pave  street,  etc.]  § 2.  That  the 
permission  and  authority  hereby  given  and  granted,  as  to  said  lines 
upon  Wentworth  avenue,  between  the  points  mentioned,  are  upon  the 
express  condition  and  understanding: 

First.  That  no  additional  tracks  or  rails  shall  be  laid  or  in  opera- 
tion on  said  street  between  the  points  mentioned. 

Second.  That  the  Chicago  City  Railway  Company,  on  Wentworth 
avenue,  between  the  points  mentioned,  respectively,  shall  set  back  the 
curb  wall  where  it  exists,  and  widen  the  road-bed  of  said  street  two 
feet  on  each  side  thereof,  thereby  making  the  road-bed  of  Wentworth 
avenue,  between  the  points  mentioned,  respectively,  four  feet  wider, 
the  same  to  be  without  expense  or  cost  to  the  respective  property  own- 
ers on  said  street  between  the  points  mentioned,  and  without  cost  or 
expense  to  the  city  of  Chicago;  and  if  the  sidewalk  is  disturbed  and 
interfered  with  by  the  proposed  new  curb  and  curb  wall,  such  sidewalk 
shall  be  readjusted  or  rebuilt,  so  as  to  conform  to  the  new  curb,  said 
company  being  permitted  to  use  the  old  material  when  practicable, 
such  readjustment  or  rebuilding  of  said  sidewalk  to  be  by  the  Chicago 
City  Railway  Company  and  without  cost  or  expense  to  the  abutting 
property  owners  or  to  the  city  of  Chicago,  and  all  such  work  to  be  so 
done  pursuant  to  and  under  the  direction  of  the  commissioner  of  pub- 
lic works  of  the  city  of  Chicago,  and  to  his  satisfaction. 

Third.  The  Chicago  City  Railway  Company  shall  newly  pave  said 
Wentworth  avenue  between  the  points  mentioned,  including  intersec- 
tions of  streets,  with  cedar  blocks  upon  planks,  from  curb  to  curb, 
and  without  expense  or  cost  to  the  respective  property  owners  on  said 
Wentworth  avenue  or  to  the  city  of  Chicago;  Provided,  that  the  six- 
teen feet  of  right  of  w'ay  shall  be  paved  with  stone  or  brick  blocks,  as 
heretofore,  such  work  to  be  done  under  and  pursuant  to  the  direction 
of  the  commissioner  of  public  works  of  the  city  of  Chicago,  and  to  his 
satisfaction. 

Fourth.  That  said  company  during  the  life  of  the  license  or  privi- 
ledge  by  this  ordinance  granted,  shall  keep  clean,  moist  and  sprinkled, 
the  roadbed  of  said  street  from  curb  to  curb,  between  the  points  men- 
tioned, respectively,  from  May  1st,  during  and  until  November  1st  of 
each  year,  and  keep  the  same  clean  and  remove  the  snow  agreeable 
to  and  under  the  direction  of  the  commissioner  of  public  works  of  the 
city  of  Chicago,  and  to  his  satisfaction. 

Fifth.  Said  company  shall  run  and  keep  in  operation  good,  first- 
class  cars,  properly  heated  and  lighted,  and  north  of  Thirty-ninth 
street  or  Forty-third  street,  as  the  said  company  may  select  or  deter- 
mine, more  cars  shall  be  run  than  south  of  those  streets,  meaning  here- 
by that  a similar  running  agreement  shall  exist  as  at  present  at  Cottage 
Grove  avenue  and  at  State  street,  at  Thirty-ninth  street,  and  at  which 


77 


1218 


STREET  RAILWAYS. 


[§  520 


place  or  street  a switch  may  be  placed  in  Wentworth  avenue  to  facili- 
tate the  return  of  such  cars  to  the  down-town  district.  The  Chicago 
City  Railway  Company  shall  also  run  night  cars  on  Wentworth  ave- 
nue. 

Sixth.  That  this  ordinance  shall  be  accepted  within  twenty  days 
after  the  passage  thereof,  and  the  work  herein  contemplated  and  pro- 
vided for  to  be  commenced  under  and  pursuant  to  this  ordinance,  with- 
in forty  days  after  said  acceptance,  and  the  entire  work  completed  and 
the  line  in  operation  within  six  months  after  the  passage  of  this  ordi- 
nance; Provided,  the  months  of  November,  December,  January,  Feb- 
ruary, and  March  shall  not  be  considered  in  computing  said  time. 

Seventh.  It  is  provided,  however,  that  should  the  construction  or 
operation  of  said  tracks  or  any  part  thereof,  or  the  work,  labor,  paving, 
setting  back  curb  and  repairing  said  sidewalk,  be  delayed  by  injunc- 
tion of  any  court  or  by  the  action  of  the  city  council,  then  as  to  the 
portion  so  delayed,  the  time  of  such  delay  shall  be  excluded  from  the 
time  herein  limited. 

Eighth.  The  city  of  Chicago  shall  have  and  it  hereby  expressly  re- 
serves the  right  to  intervene  in  any  suit  or  proceeding  seeking  to  en- 
join, restrain  or  in  any  way  to  interfere  with  such  construction,  paving, 
repaving,  adjusting*  the  curbs  and  sidewalks,  and  to  move  for  the  dis- 
solution of  such  injunction  or  restraining  order,  or  for  any  other  prop- 
er order  in  such  suit. 

1 3.  Power— overhead  wires— restoration  of  streets.]  § 3- 

The  cars  of  said  railway  company  on  said  Wentworth  avenue,  between 
the  points  mentioned  respectively,  may  be  operated  by  animal,  electric 
or  cable  power,  provided,  that  if  the  said  company  shall  adopt  its  so- 
called  “cable  system”  the  same  shall  be  constructed  and  operated  as 
provided  by  and  subject  to  the  conditions  of  the  ordinance,  passed 
Jan.  17,  A.  D.  1881,  authorizing  the  Chicago  City  Railway  Company 
to  operate  its  cars  by  other  than  animal  power;  and  if  electric  power 
shall  be  used  by  means  of  the  overhead  contact  wires,  such  wires,  to- 
gether with  the  necessary  feed  wires,  may  be  suspended  from  poles  set 
within  the  curb-limits  of  the  street  on  either  side  thereof,  the  placing 
of  such  poles  to  be  determined  by  the  mayor  and  the  commissioner  of 
public  works,  and  said  poles  to  be  of  ornamental  iron  or  steel  and  of 
such  construction  and  design  as  the  mayor  and  commissioner  of  public 
works  may  approve.  Said  trolley  and  feeder  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  feet  above  the  rails,  and  the  said 
poles  and  supports  shall  be  placed  on  an  average  at  not  less  than  115 
feet  apart.  No  poles  shall  be  set  at  the  intersection  of  streets  and 
alleys.  Such  poles  and  wires  to  be  erected  and  maintained  for  the 
purpose  of  supplying  electric  current,  which  can  be  used  for  power, 
heat  and  light  purposes,  and  for  the  use  of  said  company  only,  and 
with  the  right  to  connect  the  respective  wires  herein  authorized  with 
any  generator,  car  house  or  power  station  of  said  company,  or  with 


§ 52°] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1219 


any  power  station  or  car  or  power  house,  or  with  any  power  house  or 
station  along  any  line  of  railroad  of  said  company  used  by  it,  in  con- 
nection with  its  cabl,e,  horse,  or  electric  system;  and  said  company 
may  convey  said  wires  from  such  car  or  power  house  or  station,  re- 
spectively, to  the  lines  of  wires  hereby  authorized,  upon  wooden  poles 
placed  upon  or  along  the  alleys  of  the  city,  or,  whenever  in  the  judg- 
ment of  the  commissioner  of  public  works,  it  shall  be  impracticable  to 
place  such  poles  in  alleys,  he  may,  for  the  purpose  above  mentioned, 
permit  to  be  placed  in  streets,  ornamental  iron  or  steel  poles  of  such 
design  and  construction  as  he  may  approve;  or  the  said  company  may, 
if  the  mayor  and  commissioner  of  public  works  consent  thereto,  con- 
vey said  connecting  wires  in  an  underground  conduit,  through  the 
streets  or  alleys  of  the  city  of  Chicago,  which  conduit  shall  be  used 
by  said  company  for  the  purpose  herein  set  forth  only.  Before  mak- 
ing any  excavations  or  in  any  way  interfering  with  the  surface  of  any 
street  or  alley  for  constructing  such  conduit,  said  company  shall  ob- 
tain from  *the  commissioner  of  public  works  a permit  therefor,  and 
shall  also  deposit  with  the  treasurer  of  the  city  of  Chicago,  a sufficient 
sum  to  cover  the  cost  of  restoring  such  street  or  alley,  according  to  an 
estimate  of  the  probable  cost  thereof  to  be  made  by  the  commissioner 
of  public  works;  and  all  wires  and  conductors  for  the  transmission  of 
electricity  in  and  along  the  streets  shall  be  constructed  in  a substantial 
and  workmanlike  manner  and  under  the  supervision  of  the  commis- 
sioner of  public  works,  so  as  to  interfere  as  little  as  possible  with  the 
public  travel. 

It  is  provided  hereby,  however,  that  upon  permit  therefor  being 
granted  by  the  mayor  and  commissioner  of  public  works,  the  said 
company  may  use  for  its  suspension  or  feeder  wires,  wooden  poles  al- 
ready erected  or  to  be  erected  in  the  streets,  when  practicable,  and  the 
owners  of  said  poles  consent  thereto;  Provided,  however,  that  on 
Wentworth  avenue,  between  the  points  mentioned,  respectively,  no 
greater  number  of  cables  or  feed  wires  than  nine,  or  ais  at  present 
maintained  on  said  street,  between  said  points,  shall  be  suspended  or 
carried  or  placed  on  said  poles  along  said  Wentworth  avenue,  and  said 
poles  shall  not  be  used  by  any  other  company  or  person,  and  that 
such  cables  or  feed  wires  now  in  place  or  use  on  said  poles  on  said 
street,  between  the  points  mentioned,  shall  be  removed  from  said  poles 
on  said  street  within  five  years  from  the  passage  of  this  ordinance. 

In  the  event  that  some  practicable  and  less  objectionable  method 
of  furnishing  electricity  be  discovered,  the  said  company,  its  success- 
ors, assigns,,  or  lessees,  shall  have  the  rigffi  to  adopt  such  practicable 
and  less  objectionable  method  of  furnishing  or  using  motive  power 
in  the  place  of  said  overhead  contact  wires,  when  the  same  is  approved 
by  the  mayor  and  commissioner  of  public  works. 

1 4.  Underground  system.]  § 4.  Said  company  is  further 
hereby  authorized  and  permitted  upon  the  respective  lines  of  street 


1220 


STREET  RAILWAYS. 


[§  52° 


car  tracks,  hereinbefore  described  and  designated,  to  operate  and  pro- 
pel its  cars  by  the  underground  electric  system  of  propulsion,  and 
shall  have  the  right  to  make  the  necessary  excavations  and  conduit 
therefor,  and  to  connect  its  electric  wires  by  substantial  underground 
devices  with  a generator  or  power  station  or  any  stations  or  car  houses 
that  may  be  erected  in  connection  with  said  railroad  company,  or  with 
any  other  power  house  or  station  along  any  of  the  lines  of  road  of  said 
company,  used  by  it  in  connection  with  its  cable,  horse  or  electric 
system,  and  may  convey  said  wires  from  such  power  house  or  station 
to  the  said  lines  and  streets  by  means  of  suitable  underground  devices 
or  appliances;  all  of  such  appliances  and  devices  to  be  of  such  char- 
acter and  laid  in  such  manner  as  may  be  approved  by  the  commis- 
sioner of  public  works;  and  said  company  is  further  hereby  authorized 
and  empowered,  upon  the  approval  and  consent  of  the  mayor  and 
commissioner  of  public  works,  to  propel  its  cars  on  said  lines  by  other 
motive  power  provided’  it  is  not  a locomotive  or  a dummy  engine,  and 
is  practically  noiseless. 

If  5.  Return  circuit— guard  wires.]  § 5.  Said  company  shall 

establish  and  maintain  a metallic  return  circuit  conductor,  independent 
of  the  rails,  upon  the  respective  lines  of  street  railway  hereby  author- 
ized to  be  operated  by  overhead  or  underground  contact  wires.  When- 
ever other  lines  of  wire  cross  the  wires  to  be  strung  by  virtue  of  this 
ordinance,  the  latter  wires  shall  be  protected  by  guard  wires  or  other 
suitable  mechanical  device,  as  may  be  directed  by  the  commissioner  oi 
public  works. 

If  6.  Rate  of  fare.]  § 6.  The  said  company  is  hereby  permit- 
ted to  charge  not  exceeding  five  (5)  cents  as  a rate  of  fare  for  any  dis- 
tance between  Madison  street  and  the  terminus  of  the  respective  lines 
hereby  authorized.  Passengers  upon  the  lines  hereby  authorized,  and 
passengers  upon  any  line  belonging  to  or  operated  by  said  company 
which  does  or  may  at  any  time  cross  or  intersect  or  extend  the  line 
hereby  authorized  and  operated  by  the  Chicago  City  Railway  Com- 
pany, shall,  on  payment  of  a cash  fare  of  five  cents,  be  transfered  from 
one  line  to  the  other  at  the  point  of  such  crossing  or  intersection  or 
extension,  without  additional  fare,  and  Provided,  that  no  fare  shall 
be  charged  policemen  and  firemen  in  uniform. 

If  7.  License  fee.]  § 7.  As  regards  the  license  to  be  paid_on 
the  cars  to  be  operated  on  the  lines  herein  provided,  said  Chicago  City 
Railway  Company  shall  conform  to  and  comply  with  section  one  of 
an  ordinance  passed  July  30th,  1883,  relating  to  street  railways,  and 
after  July  30th,  1903,  said  Chicago  City  Railway  Company,  as  to  the 
lines  and  cars  hereby  authorized,  shall  comply  with  such  arrange- 
ments and  contracts  as  may  be  entered  into  between  said  company  and 
the  city  of  Chicago,  pertaining  to  other  lines  of  the  said  Chicago  City 
Railway  Company. 

T 8.  Grant,  twenty  years— acceptance.]  § 8.  The  grant 


§ 5JI] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1221 


herein  given  shall  extend  for  the  term  of  twenty  years  from  the  pas- 
sage hereof;  Provided,  that  same  shall  be  accepted  by  said  company 
within  twenty  days  after  the  passage  of  this  ordinance. 

1"  9.  Style  of  rails  used.]  § 9.  Said  company  is  hereby 
permitted  to  use,  upon  the  respective  lines  hereby  authorized,  mod- 
ern improved  girder  rails,  so  laid  that  vehicles  may  freely  cross 
said  tracks;  Provided,  however,  that  the  rails  to  be  used  in  the  tracks 
herein  authorized  shall  be  such  as  have  been  first  approved  by  the 
commissioner  of  public  works. 

1 10.  Indemnity  clause— bond.]  § 10.  Said  company  shall 
forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  all  damages,  judgments,  decrees  and  costs  and  expenses,  which 
said  city  may  suffer,  or  which  may  be  recoverable  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  the  privileges  hereby  con- 
ferred upon  it,  or  for  or  by  reason  of  or  growing  out  of  or  resulting 
from  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance.  And  said  company 
shall,  within  the  time  limited  for  the  acceptance  of  this  ordinance,  file 
with  the  city  clerk,  a bond  to  the  city  of  Chicago  in  the  penal  sum  of 
ten  thousand  dollars  ($10,000),  with  sureties  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  conditioned  upoiv  the  faithful  perform- 
ance and  observance  by  said  company  of  all  the  conditions  and  pro- 
visions of  this  ordinance. 

T 11.  Subject  to  general  ordinances.]  § 11.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago  now  in  force  or  hereafter  to  be  passed  in  reference  to  street 
railways,  of  which  the  lines  hereby  authorized  are  an  extension. 

1 12.  Improvement  and  repair  of  streets.]  § 12.  The  per- 
mission and  authority  hereby  given  are  on  the  further  express  condi- 
tion and  understanding  that  said  company  shall,  and  by  the  acceptance 
hereof,  said  company  agrees  that  it  will  pave  and  keep  in  repair  sixteen 
feet  in  width  in  the  center  of  the  street  so  occupied,  in  the  manner  as 
provided  by  section  2 of  the  ordinance  of  July  30th,  1883,  relating  to 
street  railways. 

1 13.  When  in  force— acceptance.]  § 13.  This  ordinance 

shall  be  in  force  and  take  effect  from  and  after  its  passage  and  accept- 
ance, provided  the  bond  hereinabove  mentioned  shall  be  filed  and  this 
ordinance  accepted  within  twenty  days  after  the  passage  of  the  same, 
otherwise  this  ordinance  shall  be  void. 

§ 521.  Chicago  City  Railway  company. 

IT  i.  Grant — Fifty-first  street. 

If  2.  Time  of  completion. 

IT  3-  Power— overhead  wires— restoration  of  streets. 

IT  4*  Underground  system. 


1222 


STREET  RAILWAYS. 


[§  521 


IT 

5. 

Return  circuit — guard  wires. 

IT 

6. 

Improvement  and  repair  of  streets. 

IT 

7- 

Rate  of  fare. 

IT 

8. 

License  fee. 

If 

9- 

Grant  20  years— acceptance. 

IT 

10. 

Style  of  rails. 

IT 

11. 

Indemnity  clause — bond. 

IT 

12. 

Subject  to  general  ordinances. 

IT 

13. 

When  in  force— acceptance. 

An  ordinance  granting  permission  and  authority  to  the  Chicago  City  Railway 
company  to  lay  down  and  operate  a street  railway  on  Fifty-first  street,  in 
the  city  of  Chicago.  (Passed  July  6,  1896.  Accepted  July  15,  1896.) 

1 1.  Grant — 51st  street.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 

hereof  and  the  undertaking  by  the  Chicago  City  Railway  Company  to 
comply  with  the  provisions  of  this  ordinance,  authority,  permission 
and  consent  are  hereby  given  and  granted  unto  the  said  Chicago  City 
Railway  Company,  its  successors,  assigns  and  lessees,  to  construct,  lay 
down,  operate  and  maintain  a double  track  street  railway  with  the 
necessary  side  tracks,  connections  and  switches,  in  the  manner  and 
upon  and  along  the  streets  hereinafter  mentioned,  to  wit: 

Fifty-first  street,  from  State  street  to  Western  avenue,  with  the 
right  to  connect  and  operate  the  same  with  the  tracks  of  the  said  com- 
pany on  those  streets  and  intersecting  streets  and  with  the  tracks  of 
said  company  now  on  said  Fifty-first  street. 

IT  2.  Time  of  completion.]  § 2.  That  the  permission  and 
authority  hereby  given  and  granted  as  to  the  line  above  herein  set 
forth,  are  upon  the  express  condition  and  understanding  that  the 
tracks  on  Fifty-first  street,  between  Ffalsted  street  and  Western  avenue, 
shall  be  built  and  in  operation  within  eighteen  (18)  months  after  the 
passage  of  this  ordinance;  and  that  the  tracks  on  Fifty-first  street,  be- 
tween Halsted  street  and  State  street,  shall  be  built  and  in  operation 
within  eighteen  (18)  months  after  the  passage  of  this  ordinance,  not 
counting  the  months  of  November  and  December,  1897,  and  January, 
February  and  March,  1898,  and  when  the  steam  railroad  tracks  cross- 
ing that  street  are  either  raised  or  a viaduct  constructed  and  built  over 
the  same,  in  which  event  the  Chicago  City  Railway  Company  is  hereby 
permitted  and  granted  the  authority  to  use  and  occupy,  with  its  said 
tracks,  such  viaduct  or  subway,  as  the  case  may  be,  when  the  same  is 
completed. 

It  is  Provided,  however,  that  should  the  construction  or  operation 
of  said  tracks,  or  any  part  thereof,  be  delayed  by  injunction  of  any 
court,  or  by  the  action  of  the  city  council,  then  as  to  the  portion  so 
delayed,  the  time  of  such  delay  shall  be  excluded  from  the  time  herein 
limited. 

And  it  is  further  hereby  provided  and  understood  that  should  any 
portion  or  part  of  said  line  aforesaid,  or  any  part  thereof,  be  not  com- 
pleted or  in  operation  within  the  times  respectively  above  specified  and 


CHICAGO  CITY  RAILWAY  COMPANY. 


1223 


521] 


limited,  that  the  rights  herein  granted  shall  be  forfeited  only  on  the 
unbuilt  portion  or  part  thereof. 

The  city  of  Chicago  shall  have,  an,d  it  hereby  expressly  reserves  the 
right  to  intervene  in  any  suit  or  proceeding  seeking  to  enjoin,  restrain 
or  in  any  manner  to  interfere  with  such  construction,  and  to  move  for 
the  dissolution  of  such  injunction  or  restraining  order,  or  for  any  other 
proper  order  in  such  suit. 

1 3.  Power — overhead  wires— restoration  of  streets.]  § 3. 

The  cars  of  said  railway  company  on  said  street  may  be  operated  by 
animal,  electric  or  cable  power;  Provided,  that  if  the  said  company 
shall  adopt  its  so  called  “cable  system,”  the  same  shall  be  constructed 
and  operated  as  provided  by  and  subject  to  the  conditions  of  the  ordi- 
nance passed  January  17th,  A.  D.  1881,  authorizing  the  Chicago  City 
Railway  Company  to  operate  its  cars  by  other  than  animal  power; 
and  if  electric  power  shall  be  used  by  means  of  the  overhead  contact 
wires,  such  overhead  wires,  together  with  the  necessary  feed  wires,  may 
be  suspended  from  poles  set  within  the  curb  limits  of  the  street  on 
either  side  thereof,  the  placing  of  such  poles  to  be  determined  by  the 
mayor  and  commissioner  of  public  works,  and  said  poles  to  be  orna- 
mental iron  or  steel  and  of  such  construction  and  design  as  the  mayor 
and  commissioner  of  public  works  may  approve.  Said  trolley  and 
feeder  wires  shall  be  suspended  not  less  than  eighteen  and  one-half 
feet  above  the  rails,  and  the  said  poles  and  supports  shall  be  placed  on 
an  average  of  not  less  than  one  hundred  and  fifteen  feet  apart.  No 
poles  shall  be  set  at  the  intersection  of  streets  and  alleys.  Such  poles 
and  wires  to  be  erected  and  maintained  for  the  purpose  of  supplying 
electric  current  which  can  be  used  for  power,  heat  and  light  purposes, 
and  for  the  use  of  said  company  only,  and  with  the  right  to  connect 
the  respective  wires  herein  authorized  with  any  generator,  car  house 
or  power  station  of  said  company,  or  with  any  power  station  or  car 
or  power  house,  or  with  any  power  house  or  station  along  any  line  of 
railroad  of  said  company  used  by  it  in  connection  with  its  cable,  horse 
or  electric  system,  and  said  company  may  convey  said  wires  from  such 
car  or  power  house  or  station,  respectively,  to  the  lines  of  wire  hereby 
authorized,  upon  wooden  poles  placed  upon  or  along  the  alleys  of  the 
city,  or,  whenever  in  the  judgment  of  the  commissioner  of  public 
works  it  shall  be  impracticable  to  place  such  poles  in  alleys  lie  may, 
for  the  purpose  above  mentioned,  permit  to  be  placed  in  streets  orna- 
mental iron  or  steel  poles  of  such  design  and  construction  as  he  may 
approve;  or  the  said  company  may,  if  the  mayor  and  commissioner  of 
public  works  consent  thereto,  convey  said  connecting  wires  in  an  un- 
derground conduit  through  the  streets  or  alleys  of  the  city  of  Chicago, 
which  conduit  shall  be  used  by  said  company  for  the  purpose  herein 
set  forth  only.  Before  making  any  excavations  or  in  any  way  inter- 
fering with  the  surface  of  any  street  or  alley  for  constructing  such  con- 
duit said  company  shall  obtain  from  the  commissioner  of  public  works 


1224 


STREET  RAILWAYS. 


[§  521 


a permit  therefor,  and  shall  also  deposit  with  the  treasurer  of  the  city 
of  Chicago  a sufficient  sum  to  cover  the  cost  of  restoring  such  street 
or  alley,  according  to  an  estimate  of  the  probable  cost  thereof  to  be 
made  by  the  commissioner  of  public  works.  And  all  wires  and  con- 
ductors for  the  transmission  of  electricity  in  and  along  the  streets  shall 
be  constructed  in  a substantial  and  workmanlike  manner  and  under 
the  supervision  of  the  commissioner  of  public  works,  so  as  to  interfere 
as  little  as  possible  with  the  public  travel. 

It  is  provided  hereby,  however,  that  upon  permit  therefor  being 
granted  by  the  mayor  and  commissioner  of  public  works,  the  said 
company  may  use  for  its  suspension  or  feeder  wires,  wooden  poles  al- 
ready erected  or  to  be  erected  in  the  streets,  when  practicable  and  the 
owners  of  said  poles  consent  thereto. 

For  the  purpose  of  facilitating  the  traffic  and  movement  of  cars  of 
the  Chicago  City  Railway  Company  upon  and  along  Forty-third 
street,  Sixty-third  street  and  intervening  streets  where  said  company 
operates  street  cars,  subject  to  and  in  accordance  with  the  foregoing 
limitations  and  provisions  as  to  the  erection  and  maintenance  of  wires 
and  poles  in  a street,  and  the  transmission  of  power  the  Chicago  City 
Railway  Company  is  hereby  granted  the  further  right  to  erect  and 
maintain  side  poles  for  the  purpose  of  carrying  suspension  trolley  and 
feeder  wires  along  and  upon  State  street,  between  forty-third  and  Six- 
ty-third streets,  in  the  city  of  Chicago,  and  to  operate  its  cars  on  the 
tracks  on  said  State  street  between  said  points  by  electricity  as  herein 
provided. 

In  the  event  that  some  practicable  and  less  objectionable  method 
of  furnishing  electricity  be  discovered,  the  said  company,  its  success- 
ors, assigns  or  lessees,  shall  have  the  right  to  adopt  such  practicable 
and  less  objectionable  method  of  furnishing  or  using  motive  power  in 
the  place  of  said  overhead  contact  wires,  when  the  same  is  approved  by 
the  mayor  and  commissioner  of  public  works.  And  said  company  is 
further  hereby  authorized  and  empowered  upon  the  approval  and  con- 
sent of  the  mayor  and  the  commissioner  of  public  works,  to  propel  its 
cars  on  said  line  by  other  motive  power,  provided  it  is  not  a locomotive 
or  a dummy  engine,  and  is  practically  noiseless. 

IT  4.  Underground  system.]  § 4.  Said  company  is  further 
hereby  authorized  and  permitted,  upon  the  line  of  street  car  tracks 
hereinabove  described  and  designated,  to1  operate  and  propel  its  said 
cars  by  the  underground  electric  system  of  propulsion,  and  shall  have 
the  right  to  make  the  necessary  excavations  and  conduit  therefor, 
and  to  connect  its  electric  wires  by  substantial  underground  devices, 
with  a generator  or  power  station  or  any  stations  or  car  houses  that 
may  be  erected  in  connection  with  said  railroad  company,  or  with 
any  other  power  house  or  station  along  any  of  the  lines  of  road  of 
said  company,  used  by  it  in  connection  with  its  cable,  horse  or  elec- 
tric system,  and  may  convey  said  wires  from  such  power  house  or 


CHICAGO  CITY  RAILWAY  COMPANY. 


1225 


521] 


stations  to  the  said1  line  and  street  by  means  of  suitable  underground 
devices  or  appliances;  all  of  such  appliances  and  devices  to  be  of  such 
character  and  laid  in  such  manner  as  may  be  approved  by  the  com- 
missioner of  public  works. 

% 5.  Return  circuit — guard  wires.]  § 5.  Said  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor,  indepen- 
dent of  the  rails,  upon  the  line  of  street  railway  hereby  authorized  to 
be  operated  by  overhead  or  underground  contact  wires.  Whenever 
other  lines  of  wire  cross  the  wires  to  be  strung  by  virtue  of  this  ordi- 
nance, the  latter  wires  shall  be  protected  by  guard  wires  or  other 
suitable  mechanical  device,  as  may  be  directed  by  the  commissioner 
of  public  works. 

T 6.  Improvement  and  repair  of  streets.]  § 6.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
and  understanding  that  said  company  shall,  and  by  the  acceptance 
hereof  said  company  agrees  that  it  will  pave  and  keep  in  repair  sixteen 
feet  in  width  in  the  center  of  the  street  so  occupied,  in  the  manner  as 
provided  by  section  2 of  the  ordinance  of  July  30th,  1883,  relating  to 
street  railways. 

f 7.  Rate  of  fare.]  § 7.  The  company  is  hereby  permitted  to 
charge  not  exceeding  five  cents  as  a rate  of  fare  for  any  distance  be- 
tween Madison  street  and  the  terminus  of  the  line  hereby  authorizd. 
Passengers  upon  the  line  hereby  authorized,  and  passengers  upon  any 
line  belonging  to  or  operated  by  said  company,  which  does  or  may 
at  any  time  cross  or  intersect  or  extend  the  line  hereby  authorized 
and  operated  by  the  Chicago  City  Railway  Company,  shall,  on  the 
payment  of  a cash  fare  of  five  cents  be  transferred  from  one  line  to 
the  other  at  the  point  of  such  crossing  or  intersection  or  extension, 
without  additional  fare,  and  provided  that  no  fare  shall  be  charged 
policemen  and  firemen  in  uniform. 

1 8.  License  fee.]  § 8.  As  regard's  the  license  to  be  paid  cn 
the  cars  to  be  operated  on  the  lines  herein  provided,  said  company 
shall  conform  to  and  comply  with  section  1 of  an  ordinance  passed 
July  30th,  1883,  relating  to  street  railways. 

1 9.  Grant  20  years— acceptance.]  § 9.  The  grant  herein 

given  shall  extend  for  the  term  of  twenty  years  from  the  passage  here- 
of, provided  the  same  shall  be  accepted  by  said  company  within  twen- 
ty days  after  the  passage  of  this  ordinance. 

If  10.  Style  of  rails.]  § 10.  Said  company  is  hereby  per- 
mitted to  use  upon  the  line  hereby  authorized  modern  improved  girder 
rails,  so  laid  that  vehicles  may  freely  and  safely  cross  said  tracks; 
Provided,  however,  that  the  rails  to  be  used  in  the  tracks  herein  au- 
thorized shall  be  such  as  have  been  first  approved  by  the  commission- 
er of  public  works. 

1 11.  Indemnity  clause— bond.]  § 11.  Said  company  shall 


1226 


STREET  RAILWAYS. 


[§  522 


forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  all  damages,  judgments,  decrees  and  costs  and  expenses,  which 
said  city  may  suffer,  or  which  may  be  recoverable  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  the  privileges  hereby  con- 
ferred upon  it,  or  for  or  by  reason  of  or  growing  out  of  or  resulting 
from  the  exercise  by  said  company  of  the  privileges  hereby  granted,  or 
from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or 
by  virtue  of  the  provisions  of  this  ordinance.  And  said  company  shall, 
within  the  time  limited  for  the  acceptance  of  this  ordinance,  file  with 
the  city  clerk  a bond  to  the  city  of  Chicago  in  the  penal  sum  of  ten 
thousand  dollars  ($10,000),  with  sureties  to  be  approved  by  the  mayor 
of  the  city  of  Chicago,  conditioned  upon  the  faithful  performance  and 
observance  by  said  company  of  all  the  conditions  and  provisions  of 
this  ordinance. 

1 12.  Subject  to  general  ordinances.]  § 12.  The  privileges 
hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago  now  in  force  or  hereafter  to  be  passed  in  reference  to  street 
railways  of  which  the  line  hereb}^  authorized  is  an  extension. 

T 13.  When  in  force — acceptance.]  § 13.  This  ordinance 

shall  be  in  force  and  take  effect  from  and  after  its  passage  and  accept- 
ance, provided  the  bond  hereinabove  mentioned  shall  be  filed  and 
this  ordinance  accepted  within  twenty  days  after  the  passage  of  the 
same,  otherwise  this  ordinance  shall  be  void. 

Note. — See  ordinance  of  April  8,  1897. 

g 522.  Chicago  City  Railway  company. 

*[]  1.  Preamble. 

If  2.  Extending  time  for  completion. 

if  3.  When  in  force. 

An  ordinance  extending  the  time  of  completion  of  various  street  railway  tracks 

authorized  by  ordinances  granted  to  the  Chicago  City  Railway  company  on 

the  several  dates  therein  mentioned.  (Passed  April  8,  1897.) 

1"  1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago':  § 1.  Whereas,  by  ordinance  duly  passed  by  the  city 

council  of  the  city  of  Chicago  on  the  16th  day  of  July,  1894,  and  the 
8th  day  of  April,  1896,  respectively,  the  Chicago  City  Railway  Com- 
pany was  duly  granted  the  right  to  construct  and  operate  a double 
track  street  railroad  on  63rd  street,  from  Cottage  Grove  avenue  to 
Wentworth  avenue,  in  the  city  of  Chicago,  wherein  it  was  provided 
that  said  tracks  should  be  built  and  in  operation  on  or  before  January 
1 6th,  1898,  which  said  ordinances  were  duly  accepted  by  the  Chicago 
City  Railway  Company;  and 

Whereas,  the  elevation  of  the  steam  railroad  tracks  crossing  63rd 
street  and  State  street,  near  63rd  street,  is  not  completed  and  will  not 
be  completed  during  the  present  year,  and  a continuation  of  the  con- 
struction and  operation  of  street  railway  tracks  across  said  steam  rail- 
road tracks  is  very  dangerous  and  hazardous,  involving  some  forty 


§ 522] 


CHICAGO  CITY  RAILWAY  COMPANY. 


1227 


tracks,  and  such  street  railway  tracks  should  not  be  operated  until 
after  the  subway  beneath  such  steam  railroad  tracks  is  ready  and 
completed;  and 

Whereas,  by  the  ordinance  duly  passed'  by  the  city  council  of  the 
city  of  Chicago  July  6th,  1896,  the  Chicago  City  Railway  Company 
was  granted  the  right  to  construct  and  operate  a double  track  street 
railway  on  51st  street,  from  State  street  to  Western  avenue,  wherein 
it  was  provided  that  the  portion  of  said  track  between  State  street  and 
Halsted  street  should  be  completed  on  or  before  January  6th,  1898; 
and 

Whereas,  the  track  elevation  crossing  51st  street  is  still  delayed 
and  will  not  be  completed  before  1899,  and  the  operation  at  grade 
across  said  steam  railroad  tracks  being  extremely  dangerous  and 
hazardous,  involving  some  eight  tracks;  and 

Whereas,  by  ordinance  duly  passed  by  the  city  council  of  the  city 
of  Chicago,  July  8th,  1895,  the  Chicago  City  Railway  Company  was 
duly  granted  the  right  to  construct  and  operate  a double  track  street 
railway  on  Western  avenue,  from  Archer  avenue  to  71st  street,  where- 
in it  was  provided  that  a large  part  of  the  said  track  should  be  built 
and  in  operation  on  or  before  October  8th,  1897,  which  said  ordinance 
was  duly  accepted  by  the  Chicago  City  Railway  Company;  and 

Whereas,  it  now  appears  that  Western  avenue  is  about  to  have  a 
sewer  which  will  not  be  completed  within  two  years,  and  that  during 
the  progress  of  the  construction  of  said  sewer  a track  cannot  be  built 
nor  operated  in  said  street,  and  if  built  before  will  be  useless  while 
sewer  is  in  progress  of  construction,  and  will  have  to  be  removed  and 
rebuilt;  and 

Whereas,  by  an  ordinance  duly  passed  by  the  city  council  of  the 
city  of  Chicago  on  the  8th  day  of  July,  1895,  the  Chicago'  City  Rail- 
way Company  was  duly  granted  the  right  to  construct  and  operate 
a double  track  street  railway  on  38th  street  from  Kedzie  avenue  to 
Leavitt  street,  and  on  47th  street  from  Kedzie  avenue  to  Archer  ave- 
nue, and  on  Archer  avenue  from  Kedzie  avenue  to  51st  street,  where- 
in it  was  provided  that  said  respective  tracks  should  be  built  and  in 
operation  on  or  before  July  8th,  1897,  which  said  ordinances  were 
duly  accepted  by  the  Chicago  City  Railway  Company;  and 

Whereas,  during  the  present  year  there  is  not  sufficient  time  with- 
in which  to  build  said  tracks  and  put  them  in  operation; 

1 2.  Extending  time  for  completion.]  Now,  therefore,  the 
time  for  the  construction,  completion  and  operation  of  said  tracks  and 
portions  of  tracks  respectively,  on  63rd  street  from  Cottage  Grove 
avenue  to  Wentworth  avenue  aforesaid,  on  51st  street  from  State  street 
to  Halsted  street  aforesaid,  on  Western  avenue  from  Archer  avenue 
to  71st  street  aforesaid,  on  38th  street  from  Kedzie  avenue  to  Leavitt 
street  aforesaid,  on  47th  street  from  Kedzie  avenue  to  Archer  avenue 
aforesaid,  and  on  Archer  avenue  from  Kedzie  avenue  to  51st  street 


1228 


STREET  RAILWAYS. 


[§  5^3 


aforesaid,  respectively, is  in  each  case  hereby  extended  beyond  the  time 
in  said  several  and  respective  ordinances  mentioned  one  year,  mean- 
ing and  intending'  hereby  that  the  time  mentioned  in  each  of  said 
ordinances  within  which  said  respective  lines  or  tracks  shall  be  built 
and  in  operation,  is  hereby  extended  one  year,  except  on  63rd  street 
aforesaid,  where  the  time  within  which  to  build  and  operate  said 
tracks  is  hereby  extended  to  six  months  after  the  elevation  of  the 
tracks  of  the  Lake  Shore  and  Michigan  Southern  and  Chicago,  Rock 
Island  and  Pacific  Railroads,  and  the  completion  of  the  subways 
thereunder  at  said  63rd  street,  and  that  the  Chicago  City  Railway 
Company  may  and  shall  have  an  additional  time  of  one  year,  except 
said  63rd  street,  which  is  hereby  extended  to  six  months  after  the 
elevation  of  said  railroad  tracks  within  which  the  respective  tracks, 
to  wit,  on  51st  street,  Western  avenue.,  38th  street,  47th  street  and 
Archer  avenue,  except  63rd  street,  aforesaid,  wherein  the  time  for 
building  and  operating  said  tracks  is  hereby  extended  to  six  months 
after  the  elevation  of  said  railroad  tracks,  respectively,  between  the 
points  mentioned,  respectively,  and  in  such  ordinances  authorized, 
shall  be  built  and  in  operation. 

Tf  3.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


CHICAGO  ELECTRIC  TRANSIT  COMPANY. 


IT 

IT 

IT 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 

nr 


(Successors  to  Jefferson  Street  Railway  company.) 

Chicago  Electric  Transit  company. 

1.  Grant — motive  power  to  be  approved. 

2.  Tracks  may  be  laid. 

3.  Route  specified. 

4.  Conform  to  street  grades. 

5.  Tracks — how  laid. 

5 y2.  Time  of  completion. 

6.  Overhead  wires. 

7.  Feeder  wires. 

8.  Passenger  traffic — heating  cars. 

9.  Rate  of  fare. 

10.  Grant  20  years. 

11.  Restoration  of  streets. 

12.  Street  improvements  and  repa;rs. 

13.  Rights  reserved. 

14.  Running  time. 

15.  Indemnity  clause. 

16.  Acceptance. 

17.  License  fee. 

18.  Bond. 

19.  When  in  force. 


CHICAGO  ELECTRIC  TRANSIT  COMPANY. 


1229 


523] 


An  ordinance  authorizing  the  Jefferson  Street  Railway  company  to  construct 

and  operate  a street  railroad  in  certain  streets  therein  named.  (Passed  April 

5,  1893.  Accepted  April  15,  1893.) 

If  1.  Grant— motive  power  to  be  approved.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission 

and  authority  be  and  same  is  hereby  given  and  granted  to  the  Jeffer- 
son Street  Railway  Company,  its  successors  and  assigns,  to  construct 
and  operate  a railroad  with  one  or  more  tracks,  not  exceeding  two, 
to  be  operated  by  a mechanical  motor  of  the  best  improved  type — 
either  electric,  gas,  compressed  air,  overhead  wires,  or  a combination 
to  be  approved  by  the  commissioner  of  public  works,  with  such  tracks 
for  turntables,  turnouts,  side  tracks  and  switches,  as  said  company 
may  deem  necessary,  along  or  upon  certain  streets  or  parts  of  streets 
in  the  corporate  limits  of  the  city  of  Chicago,  hereinafter  particularly 
mentioned,  and  to  operate  said  railway  in  the  manner,  for  the  time 
and  upon  the  conditions  herein  after  prescribed. 

T 2,  Tracks  may  be  laid.]  § 2.  That  said  Jefferson  Street 
Railway  Company,  or  its  successors  or  assigns,  is  hereby  authorized 
to  lay  the  tracks  with  all  necessary  turntables,  turnouts,  side  tracks 
and  switches  as  provided  in  the  first  section1  of  this  ordinance,  along 
and  upon  the  following  streets  in  the  city  of  Chicago: 

3.  Route  specified.]  § 3.  Commencing  at  the  intersection 
of  Elston  avenue  and  Milwaukee  avenue,  northwesterly  along  Elston 
avenue  to  the  city  limits. 

Also-,  commencing  at  the  intersection  of  Elston  avenue  and  Bel- 
mont avenue,  easterly  along  Belmont  avenue  to  the  intersection  of 
Belmont,  Clybourne  and  Western  avenues. 

Also,  commencing  at  the  intersection  of  Elston  avenue  and  Craw- 
ford  avenue,  northerly  on  Crawford  avenue  to  Peterson  avenue  and 
thence  easterly  along  Peterson  avenue  to  the  intersection  of  Lincoln 
avenue  and  southerly  on  Crawford  avenue  from  the  intersection  of 
Elston  avenue  to  Irving  Park  boulevard. 

Also,  commencing  at  the  intersection  of  Elston  avenue  and  Law- 
rence avenue,  westerly  on  Lawrence  avenue  to  Milwaukee  avenue  and 
thence  northwesterly  on  Milwaukee  avenue  to  the  city  limits. 

Also,  commencing  at  the  intersection  of  Elston  avenue  and  Mont- 
rose boulevard,  westerly  on  Montrose  boulevard  to  Stewart  avenue; 
thence  northerly  on  Stewart  avenue  to  Franklin  street;  thence  west- 
erly on  Franklin  street  to  Jefferson  avenue;  thence  southerly  on  Jef- 
ferson avenue  to  Irving  Park  boulevard  and  thence  westerly  on  Irving 
Park  boulevard  to  the  city  limits. 

Also,  commencing  at  the  intersection  of  Elston  avenue  and  War- 
ner avenue,  easterly  on  Warner  avenue  to  the  point  of  intersection,  of 
Warner  avenue  and  Western  avenue  and  westerly  on  Warner  avenue 
to  Ridgeland  avenue;  thence  north  on  Ridgeland  avenue  to  the  city 
limits. 


1230  STREET  RAILWAYS.  [§  523 

Also,  on  Jefferson  avenue  northerly  from  Warner  avenue  to  Irving 
Park  boulevard. 

Also,  commencing  at  the  intersection  of  Elston  avenue  and  West- 
ern avenue,  running  thence  northerly  along  Western  avenue  to  the 
city  limits. 

Also,  commencing  at  the  intersection  of  Elston  avenue  and  Cali- 
fornia avenue,  thence  along  California  avenue  northerly  to  a point  one 
hundred  and  twenty-eight  feet  north  from  Melrose  avenue. 

1 4.  Conform  to  street  grades.]  § 4.  The  said  Jefferson 
Street  Railway  Company,  its  successors  or  assigns,  in  the  construction 
of  said  railway  shall  conform  to  all  grades  in  the  streets  to  be  so  tra- 
versed by  said  railway  as  they  now  exist,  or  which  may  be  hereafter 
adopted  by  the  city  of  Chicago. 

1"  5.  Tracks — how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  said  street  and  shall  be  laid  with 
modern  improved  rails  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions  without  obstruction  and  shall,  also,  be  laid  as  near  to  the 
center  of  the  said  street  as  practicable.  Section  1509  of  the  municipal 
code  of  Chicago,  of  1881  shall  not  apply  to  the  railroad  tracks  herein 
authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the  com- 
missioner of  public  works,  and  shall  be  laid  under  his  direction. 

If  5J2.  Time  of  completion.]  § The  railway  hereby  au- 

thorized shall  be  completed  and  in  operation  fln  or  before  two  years; 
Provided,  that  if  said  company  shall  be  delayed  by  the  order  or  in- 
junction of  any  court,  the  time  of  such  delay  shall  be  deducted  from 
the  above  time  prescribed;  Provided,  however,  that  counsel  for  the 
city  of  Chicago  may  intervene  in  any  suit  in  which  any  injunction  or 
restraining  order  may  issue  or  be  entered  and  may  move  for  its  dis- 
solution or  dismissal. 

1"  6.  Overhead  wires.]  § 6.  The  cars  upon  said  railway  if  pro- 
pelled by  electric  over  head  contact  wires,  shall  be  suspended  from  the 
poles  set  within  the  curb  line  limit  of  the  street  on  either  side  thereof 
or  from  bracket  poles  placed  in  the  center  of  the  streets  and  so  ad- 
justed as  to  obstruct  the  public  use  of  the  streets  or  sidewalks  as  little 
as  possible.  The  said  wires  shall  be  suspended  not  less  than  eighteen 
and  one-half  feet  above  the  rails,  and  the  said  poles  and  supports  shall 
be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen  feet 
apart,  except  at  the  intersection  of  streets  and  avenues  when  the  said 
distance  will  place  the  poles  or  supports  on  said  intersecting  streets  and 
avenues.  And,  in  the  event  that  some  more  favorable  and  practicable 
method  of  furnishing  electricity  or  other  motive  power  for  the  opera- 
tion of  said  road  be  discovered,  said  Jefferson  Street  Railway  Com- 
pany, its  successors  or  assigns,  shall  have  the  right,  or  may  be  re- 
quired, to  adopt  the  same  in  the  place  of  or  in  connection  with  the  use 
of  said  electrical  over  head  contact  wires. 


§ 523] 


CHICAGO  ELECTRIC  TRANSIT  COMPANY 


1231 


Tf  7.  Feeder  wires.]  § 7.  Said  Jefferson  Street  Railway  Com- 
pany, its  successors  or  assigns,  shall  operate  said  railway  by  electric, 
gas  or  compressed  air  motor  power,  or  such  other  power  as  may  be 
approved  by  the  commissioner  of  public  works,  except  that,  in  case 
of  accident  to  machinery  making  it  necessary,  said  cars  may  be  pro- 
pelled by  animal  power,  for  a period  not  exceeding  thirty  days  for  any 
one  accident,  and  to  enable  the  said  road  to  be  operated,  the  said  Jeffer- 
son Street  Railway  Company,  its  successors  or  assigns,  shall  have  the 
right  to  connect  the  wires  herein  authorized  with  the  generator  or 
power  station  or  any  station  or  car  houses  that  may  be  erected  along 
the  line  of  said  railway. 

If  8.  Passenger  traffic — heating  cars.]  § 8.  The  cars  or  car- 
riages to  be  used  on  such  railway  shall  be  used  for  no  other  purpose 
than  to  carry  passengers  and  their  ordinary  baggage  and  mail,  and  the 
said  cars  shall  be  entitled  to  the  track  and  in  all  cases  where  any  team 
or  vehicle  shall  meet  or  be  overtaken  by  a car  upon  said  railway  said 
team  or  vehicle  shall  give  way  to  said  car.  The  cars  to  be  used  on  said 
railway  shall  be  of  the  best  style  and  class  now  in  use  and  they  shall 
not  be  used  for  any  purpose  other  than  to  transport  passengers  and 
their  ordinary  baggage,  and  shall  be  provided,  during  the  months  of 
November,  December,  January,  February  and  March  of  each  year  with 
heating  apparatus,  of  a kind  and  nature  which  shall  be  reasonably  ef- 
fective in  raising  the  temperature  in  said  car  and  heating  the  same,  and 
the  said  apparatus  shall  be  operated  at  such  times,  during  the  said 
months  aforesaid  as  the  nature  of  the  weather  and  degree  of  tempera- 
ture shall  require. 

If  9.  Rate  of  fare.]  § 9.  The  rates  of  fare  for  any  continuous 
and  regular  trip  from  one  point  to  another  within  the  city  limits  on  the 
line  of  said  railway  may  be  fixed  by  said  company,  but  shall  not  exceed 
five  (5)  cents. 

If  10.  Grant  twenty  years.]  § 10.  The  right  and  privileges 
hereby  and  heretofore  granted  the  said  Jefferson  Street  Railway  Com- 
pany, its  successors  or  assigns,  shall  continue  for  a period  of  twenty 
(20)  years  from  and  after  the  time  this  ordinance  shall  take  effect. 

IT  11.  Restoration  of  streets.]  §11.  The  said  Jefferson  Street 
Railway  Company,  its  successors  or  assigns,  shall  do'  no  permanent  in- 
jury to  any  street,  sidewalk,  alley  or  avenue,  nor  interfere  with  any 
water  pipe,  sewer  or  gas  pipe  now  or  hereafter  laid  by  said  city  of  Chi- 
cago, but  in  construction  of  the  said  railway  shall  restore  the  streets, 
pavements,  sidewalks  or  ground,  or  water  pipe,  sewers  or  gas  pipe  to  a 
condition  equally  as  good  as  before  the  laying  of  said  railway,  at  the 
expense  of  said  Jefferson  Street  Railway  Company,  its  successors  or 
assigns,  and  if  it,  its  successors  or  assigns,  as  the  case  may  be,  shall 
fail  or  refuse  so  to  do,  the  same  may  be  done  by  the  city  of  Chicago, 
and  it,  or  they,  as  the  case  may  be,  shall  be  liable  for  the  cost  thereof. 


1232 


STREET  RAILWAYS. 


112.  Street  improvements  and  repairs,]  § 12.  The  said  Jeffer- 
son Street  Railway  Company,  its  successors  or  assigns,  as  respects  the 
grading,  paving,  macadamizing,  planking  and  repairing,  or  using  of 
the  aforesaid  streets  and  avenues  shall,  at  its  own  cost  and  expense, 
keep  if  single  track  eight  feet,  or  if  double  track  sixteen  feet  paved 
and  in  good  repair  and  condition,  during  all  the  time  to  which  the 
privileges  hereby  granted  shall  extend,  in  accordance  with  the  orders 
and  regulations  of  the  commissioner  of  public  works  of  said  city. 
And  when  any  new  improvement  of  any  character  shall  be  ordered 
by  the  city  council  of  said  city,  said  Jefferson  Street  Railway  Com- 
pany, its  successors  or  assigns,  at  its  own  cost  and  expense  shall,  in 
the  manner  required  by  the  city  authorities,  make  such  improvements 
for  the  width  of  sixteen  feet,  said  sixteen  feet  to  include  the  side 
tracks  as  laid  in  said  streets  and  avenues.  And  if  the  said  Jefferson 
Street  Railway  Company,  its  successors  or  assigns,  shall  neglect  or 
fail  to  make  any  repairs  or  improvements,  as  aforesaid,  for  the  space 
of  twenty  days  after  notice  so  to  do  from  the  commissioner  of  public 
works  or  other  proper  officer  of  said  city  to  any  officer,  agent  or  em- 
ploye of  said  Jefferson  Street  Railway  Company,  or  its  successors 
or  assigns,  then  and  in  such  case  the  city  may  at  its  option  do  the 
same  at  the  cost  and  expense  of  said  company. 

T 13.  Rights  reserved.]  §13.  Nothing  herein  contained  shall 
impair  or  abridge  the  right  of  the  city  to  dig  or  open  said  streets  and 
avenues,  or  any  portion  thereof,  and  to  temporarily  remove  said  tracks 
and  roadbed  for  the  purpose  of  laying  sewers  or  water  pipes,  or  mak- 
ing any  similar  improvements,  or  of  repairing  the  same. 

T 14.  Running  time.]  § 14.  This  ordinance  is  granted  upon 
the  express  condition  that  trains  shall  run  upon  each  track  con- 
structed by  said  Jefferson  Street  Railway  Company,  its  successors  or 
assigns,  at  least  once  each  hour,  between  the  hours  of  six  (6)  a.  m. 
and  twelve  (12)  p.  m.,  except  when  delay  is  caused  through  unavoid- 
able accident,  breakage  of  machinery,  or  other  cause  beyond  the  con- 
trol of  said  Jefferson  Street  Railway  Company,  its  successors  or 
assigns. 

IT  15.  Indemnity  clause.]  § 15.  The  said  Jefferson  Street 
Railway  Company,  its  successors  or  assigns,  shall  defend  and  save 
harmless  the  city  of  Chicago  of  and  from  any  and  all  damages,  judg- 
ments, decrees  and  costs  connected  herewith  which  may  be  rendered 
against  said  city  reason  of  the  granting  of  the  rights  and  privi- 
leges herein  contained,  or  which  may  in  any  way  accrue  or  arise  or 
grow  out  of  the  exercise  by  the  said  Jefferson  Street  Railway  Com- 
pany, or  its  successors  or  assigns,  of  the  rights  and  privileges  hereby 
granted. 

If  16.  Acceptance.]  § 16.  This  ordinance  is  passed  upon  the 
express  agreement  and  understanding  that  the  said  company,  before 
availing  itself  of  any  of  the  rights  and  privileges  granted  by  this  ordi- 


§ 5M] 


CHICAGO  ELECTRIC  TRANSIT  COMPANY. 


1233 


nance,  shall  file  with  the  city  clerk  its  acceptance  of  all  the  terms  and 
conditions  of  this  ordinance. 

T 17.  License  fee.]  § ly.  The  said  Jefferson  Street  Railway 
Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for 
the  use  of  said  city,  the  sum  of  fifty  dollars,  and  no  more,  as  an 
annual  license  fee  for  each  and  every  car  used  by  said  company.  In 
computing  the  number  of  cars  upon  which  said  license  charge  may 
be  imposed,  thirteen  round  trips,  when  the  car  is  used  in  the  trans- 
portation of  passengers,  shall  be  taken  as  equivalent  to  one  day’s 
use  of  one  car.  One-thirteenth  of  such  round  trips  during  each  quar- 
ter shall  be  divided  by  the  number  of  days  in  such  quarter.  Such 
quotient  shall  be  the  number  of  cars  subject  to  such  license  fee.  The 
president  or  other  chief  officer  of  said  company  shall,  under  oath, 
make  report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago 
of  the  whole  number  of  cars  run  by  said  company  and,  at  the  same 
time,  pay  to  said  comptroller  $12.50  for  each  car,  to  be  ascertained 
as  above  prescribed  in  this  section.  The  first  quarter  shall  begin 
upon  the  first  day  upon  which  the  said  company  shall  run  a car  01 
cars  for  the  carriage  of  passengers. 

1 18.  Bond.]  § 18.  The  said  Jefferson  Street  Railway  Com- 
pany, its  successors  or  assigns,  shall  within  thirty  days  from  the 
passage  of  this  ordinance  execute  a bond  to  the  said  city  of  Chicago  in 
the  penal  sum  of  twenty-five  thousand  dollars,  with  satisfactory  sure- 
ties, conditioned  to  indemnify  and  save  harmless  the  city  of  Chicago 
from  any  and  all  damages  which  may  accrue  or  rise  or  grow  out  of  the 
exercise  by  the  Jefferson  Street  Railway  Company,  its  successors  or 
assigns,  of  the  privileges  hereby  granted;  said  bond  to  be  subject  to 
the  approval  of  the  commissioner  of  public  works  of  the  city  of  Chi- 
cago. 

T 19.  When  in  force.]  § 19.  This  ordinance  shall  take  effect 
when  the  said  Jefferson  Street  Railway  Company,  its  successors  or 
assigns,  shall  file  with  the  city  clerk  the  bond  herein  required  and 
accept  in  writing  the  terms  and  conditions  of  this  ordinance,  and.  said 
bond  shall  be  approved;  provided,  that  if  the  said  Jefferson  Street 
Railway  Company,  its  successors  or  assigns,  shall  not  file  an  accept- 
ance in  writing  of  this  ordinance  and  the  bond  herein  required  within 
thirty  (30)  days  from  the  passage  hereof,  then  this  ordinance  shall  be 
of  no  force  and  effect,  and  all  rights  herein  granted  shall  absolutely 
cease  and  determine. 

Note. — See  following  amendatory  ordinance. 

§ 524.  Chicago  Electric  Transit  company, 
ir  i*  Preamble. 

IT  2.  Amending  section  5^  of  foregoing  ordinance. 

An  ordinance  to  amend  an  ordinance  passed  on  April  5,  1893,  authorizing  the 

Jefferson  Street  Railway  company,  its  successors  and  assigns,  to  construct 


78 


1234 


STREET  RAILWAYS. 


and  operate  a street  railway  on  Elston  avenue  and  other  streets.  (Passed 

April  17,  1893.) 

IF  1.  Preamble.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Whereas,  an  ordinance  passed  April  5,  1893,  au- 

thorized the  Jefferson  Street  Railway  Company,  its  successors  and 
assigns  to  construct  and  operate  a street  railway  on  Elston  avenue  and 
other  streets. 

1 2.  Amending  section  of  foregoing  ordinance.]  § 2. 

That  section  $l/2  of  said  ordinance  be,  and  the  same  is,  hereby  stricken 
out  and  repealed,  and  in  lieu  thereof  the  following  be  inserted:  “§  53/2. 
Not  less  than  five  (5)  miles  of  the  railway  authorized  shall  be  com- 
pleted and  in  operation  on  or  before  two  (2)  years  from  the  date  of  the 
acceptance  of  this  ordinance;  Provided,  that  if  said  company  shall  be 
delayed  by  legal  proceedings,  the  time  of  such  delay  shall  be  deducted 
from  the  above  time  prescribed;  Provided,  however,  that  counsel  for 
the  city  of  Chicago  may  intervene  in  any  suit  in  which  any  injunction 
or  restraining  order  may  issue  or  be  entered  and  may  move  for  its  dis- 
solution or  dismissal.” 

Note. — See  following  supplementary  ordinance. 

§ 525.  Chicago  Electric  Transit  company. 

1.  Preamble. 

\ 2.  Supplementary  to  ordinance  of  April  5,  1893. 

3.  When  in  force. 

An  ordinance  relating  to  the  laying  of  sewer  pipes  in  a portion  of  Irving  Park 

boulevard  along  the  tracks  of  the  Chicago  Electric  Transit  company. 

(Passed  November  23,  1896.) 

T 1.  Preamble.]  Whereas,  Under  an  ordinance  passed  April  5th, 
1893,  and  amended  April  17th,  1893,  by  the  city  council  of  the  city 
of  Chicago,  granting  certain  rights  to  the  Jefferson  Street  Railway 
Company  (since  assigned  to  the  Chicago  Street  Railway  Electric 
Transit  Company),  among  other  things  granting  the  right  to  build 
a street  railroad  on  that  part  of  Irving  Park  boulevard  lying  between 
the  west  line  of  Milwaukee  avenue  and  the  western  city  limits  of  the 
city  of  Chicago,  and  providing  for  the  manner  of  laying  the  tracks 
and  the  operation  of  the  same;  now,  therefore, 

1 2.  Supplementary  to  ordinance  of  April  5,  1893.]  Be  it 
ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  pro- 

viding the  said  Chicago  Electric  Transit  Company  (successor  to  the 
Jefferson  Street  Railway  Company)  shall  lay  any  tracks  on  that  portion 
of  Irving  Park  boulevard  between  the  west  line  of  Milwaukee  avenue 
and  the  westerly  city  limits,  before  the  sewer  is  placed  in  the  center 
of  the  street  by  the  city  authorities,  the  sewer  shall  be  laid  on  either 
side  of  the  street,  and  so  as  not  to  disturb  or  interfere  with  the  rail- 
road tracks  heretofore  and  hereby  authorized. 

3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


CHICAGO  ELECTRIC  TRANSIT  COMPANY. 


1235 


526] 


§ 526.  Chicago  Electric  Transit  company. 

^ 1.  Grant — term. 

•j[  2.  Tracks — how  laid. 

*[  3.  Motive  power. 

If  4.  Cable  power — overhead  wires. 

if  5.  Street  repairs  and  improvements. 

if  6.  Restoration  of  streets. 

if  7.  License  fee. 

if  8.  Cars  to  be  heated. 

if  9.  Indemnity  clause. 

if  10.  Bond. 

if  11.  Rate  of  fare;  free  rides, 
if  12.  Time  of  completion, 
if  13.  When  in  force. 

An  ordinance  granting  permission  and  authority  to  the  CL  cago  Electric  Transit 

company  to  construct  and  operate  a street  railway  in  Belmont  avenue. 

(Passed  February  11,  1895.  Accepted  February  20,  1895.) 

If  1.  Grant — term.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Permission  and  authority  are  hereby  granted  to 

the  Chicago  Electric  Transit  Company,  its  successors  and  assigns  to 
lay  down,  construct  and  operate  for  the  period  of  twenty  (20)  years 
from  the  passage  hereof,  a double  track  street  railway  with  all  the 
necessary  and  convenient  turnouts  and  switches  in,  upon  and  along 
Belmont  avenue,  in  the  city  of  Chicago,  as  follows: 

First — Commencing  at  the  southwest  line  of  Milwaukee  avenue, 
and  thence  easterly  in  said  Belmont  avenue  to  the  northeast  line  of 
Elston  avenue. 

Second — Commencing  at  the  west  line  of  Western  avenue,  and 
thence  easterly  in  said  Belmont  avenue  to  the  east  line  of  Robey  street. 

Third: — Commencing  at  the  west  line  of  Ashland  avenue,  and 
thence  easterly  in  said  Belmont  avenue  to  the  east  line  of  North  Hal- 
sted  street,  with  the  right  to  connect  with  other  street  railways,  and 
to  use  the  same  for  the  transportation  of  passengers  and  their  ordinary 
baggage. 

If  2.  Tracks — how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  a manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions  without  obstruction,  and  shall  also  be  laid  as  near 
the  center  of  the  street  as  practicable.  Section  1509  of  the  municipal 
code  of  Chicago,  of  1881,  shall  not  apply  to  the  railway  tracks  herein 
authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor 
and  commissioner  of  public  works,  and  shall  be  laid  under  their  direc- 
tion. 

If  3.  Motive  power.]  § 3.  The  cars  to  be  used  on  said  railway 
may  be  operated  by  electric  power,  cable  or  such  other  motive  power 
as  said  company  shall  by  any  ordinance  of  the  city  of  Chicago  be  au- 
thorized to  use. 


1236 


STREET  RAILWAYS. 


1 4.  Cable  power — overhead  wires.]  § 4.  In  case  said  com- 
pany, upon  the  line  hereby  authorized,  shall  use  cable  power,  the 
method  of  laying  and  constructing  such  cable  and  operating  the  same 
shall  in  all  respects  be  the  same  and  be  governed  by  the  same  condi- 
tions and  limitations  as  provided  by  an  ordinance  of  the  city  council 
of  the  city  of  Chicago,  passed  June  7th,  1886,  authorizing  the  North 
Chicago  Street  Railroad  Company  to  use  cable  power,  sections  3475 
and  3477  of  the  compiled  laws  and  ordinances  of  the  city. 

And  in  case  said  company,  upon  the  line  hereby  authorized,  shall 
use  electric  power  by  means  of  electric  overhead  contact  wires,  the 
method  of  construction  and  operation  shall  be  the  same  and  governed 
by  all  the  conditions  and  limitations  as  provided  in  an  ordinance  of 
the  city  of  Chicago,  passed  April  30th,  1894,  authorizing  the  opera- 
tion by  electric  overhead  contact  wires  of  certain  lines  of  the  North 
Chicago  Street  Railroad  Company  and  the  West  Chicago  Street  Rail- 
road Company. 

1"  5.  Street  repairs  and  improvements.]  § 5.  The  said  com- 
pany, as  to  the  parts  of  said  streets  in  and  upon  which  its  said  rail- 
way may  be  laid,  shall  pave  and  keep  sixteen  feet  in  width  in  good 
condition  and  repair  during  all  the  time  to  which  the  privileges  here- 
by granted  shall  extend,  in  accordance  with  whatever  order,  ordinance 
or  regulation  may  be  passed  or  adopted  by  the  city  council  in  relation 
to  such  repairing;  and  when  any  new  improvement  shall  be  ordered 
by  the  city  council  of  said  part  of  said  street,  the  said  railway  com- 
pany shall,  in  the  manner  which  may  be  required  of  the  owners  of  the 
property  fronting  on  said  part  of  said  street,  make  such  new  improve- 
ment for  the  width  of  sixteen  feet;  and  if  the  company  shall  refuse  or 
fail  so  to  do,  the  same  may  be  done  by  the  city  and  the  company  shall 
be  liable  to  the  city  for  the  cost  thereof. 

1 6.  Restoration  of  streets.]  § 6.  When  the  right  of  said  rail- 
way company  to  operate  its  railway  on  said  street  shall  cease  and 
determine,  said  company  shall  remove  the  tracks  from  the  said  part 
of  said  street,  and  put  the  said  part  of  the  street  from  which  said  tracks 
shall  be  removed  in  as  good  condition  as  the  adjacent  part  of  said 
street. 

1"  7.  License  fees.]  § 7.  The  said  Chicago  Electric  Transit 
Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for  the 
use  of  said  city,  the  sum  of  fifty  (50.00)  dollars  as  an  annual  license 
fee  for  each  and  every  car  used  by  said  company,  in  the  manner  fol- 
lowing: In  computing  the  number  of  cars  upon  which  said  license 

charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is  used  in 
the  transportation  of  passengers,  shall  be  taken  as  equivalent  to  one 
day’s  use  of  the  car;  one-thirteenth  of  such  round  trips  during  each 
quarter  shall  be  divided  by  the  number  of  days  in  such  quarter,  such 
quotient  shall  be  the  number  of  cars  subject  to  such  license  fee;  pro- 
vided, however,  that  such  cars  shall  not  already  be  liable  for  the  pay- 


CHICAGO  ELECTRIC  TRANSIT  COMPANY. 


1237 


526] 


ment  of  a license  fee  on  one  of  the  other  lines  of  this  company  or 
its  connections.  The  president  or  any  other  officer  of  said  company 
shall,  under  oath,  make  report  quarter-yearly  to  the  comptroller  of  the 
city  of  Chicago,  of  the  whole  number  of  cars  so  run  by  said  com- 
pany, and  at  the  same  time  pay  to  said  comptroller  twelve  dollars  and 
a half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed  in 
this  section.  The  first  quarter  shall  begin  on  the  first  day  upon  which 
said  company  shall  run  a car  or  cars  for  the  carriage  of  passengers. 

1"  8.  Cars  to  be  heated.]  § 8.  The  cars  upon  the  railway 
hereby  authorized  shall  be  provided  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus  of  a kind  and  nature  to  be  selected  by  said  company,  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  cars  and 
heating  the  same;  and  the  said  apparatus  shall  be  operated  at  such 
times  during  the  months  aforesaid  as  the  need  of  the  weather  and  de- 
gree of  temperature  shall  require,  and  on  all  cars,  both  day  and  night. 
And  the  cars  upon  said  tracks  herein  authorized  to  be  laid  shall  be  run 
at  such  intervals  as  may  be  necessary  to  accommodate  the  public. 

T 9.  Indemnity  clause.]  § 9.  The  company  shall  forever  in- 
demnify and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  such  privileges,  or 
for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  exercise 
by  the  said  company  of  the  privileges  hereby  granted,  or  from  any  act 
or  acts  of  said  company,  its  servants  or  agents,  under  or  by  virtue  of 
the  provisions  of  this  ordinance. 

f 10.  Bond.]  § 10.  The  Chicago  Electric  Transit  Company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in  the 
penal  sum  of  $25,000,  to  be  approved  by  the  mayor,  conditioned  for 
the  faithful  observance  and  performance  of  the  provisions  and  condi- 
tions of  this  ordinance,  on  its  part  to  be  performed  and  observed  as 
aforesaid. 

1 11.  Rate  of  fare— free  rides.]  § 11.  The  rate  of  fare  shall 
be  five  cents  for  one  continuous  ride  from  the  southwest  line  of  Mil- 
waukee avenue  to  the  east  line  of  North  Halsted  street,  going  either 
way,  including  connecting  lines  in  said  Belmont  avenue,  between  the 
points  aforesaid.  The  city  police  and  firemen  in  uniform  shall  be 
carried  free  of  charge. 

1 12.  Time  of  completion.]  § 12.  The  tracks  authorized  to 
be  laid  and  pperated  under  this  ordinance  shall  be  laid  within  one  year 
from  and  after  the  passage  of  this  ordinance;  Provided,  however,  that 
said  railroad  company  shall  not - be  required  to  lay  down  said  tracks 
and  construct  said1  railroad  until  all  the  sewer  and  water  pipes  and 
their  connections  shall  have  been  laid  in  said  Belmont  avenue;  and 


1238 


STREET  RAILWAYS. 


in  event  said  sewer  and  water  pipes  and  their  connections  shall  not  be 
laid  until  after  the  expiration  of  said  period  fixed  herein  for  the  laying 
of  said  tracks,  then  said  tracks  shall  be  laid  within  six  months  after  the 
completion  of  the  work  of  laying  said  water  and  sewer  pipes  and  their 
connections. 

If  said  company  shall  be  restrained  or  prevented  from  proceeding 
with  the  work  upon  said  railway  by  the  order  or  writ  of  any  court  of 
competent  jurisdiction,  the  time  during  which  said  company  may  be 
so  delayed  shall  be  added  to  the  time  herein  prescribed  for  the  com- 
pletion of  said  work.  The  city  of  Chicago  shall,  however,  have  the 
right  to  intervene  in  any  suit  for  an  injunction  to  restrain  the  said 
company  as  aforesaid,  and  move  for  a dissolution  of  said  injunction. 

The  time  during  which  said  company  may  be  so  delayed  as  afore- 
said shall,  however,  be  reckoned  only  from  the  time  when  the  said 
company  shall  have  given  notice  to  the  corporation  counsel  of  the  city 
of  Chicago  of  the  institution  of  such  legal  proceedings  as  aforesaid. 

Unless  said  company  shall  within  the  time  hereinabove  provided, 
have  ready  and  in  operation  the  line  hereby  authorized,  the  city  of 
Chicago  shall  have  the  right  to  remove  all  tracks  and  other  obstacles 
placed  in  the  street  by  virtue  of  the  authority  granted  by  this  ordi- 
nance, and  the  said  company  shall  be  liable  to  the  city  for  the  expense 
of  such  removal. 

Tf  13.  When  in  force.]  § 13.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  approval  by  the  mayor, 
and  filing  of  the  bond  and  acceptance  as  herein  prescribed;  Provided, 
however,  that  if  said  acceptance  and  bond  shall  not  be  filed  as  afore- 
said within  sixty  (60)  days  of  the  passage  hereof,  then  all  the  rights 
and  privileges  herein  granted  to  said  Chicago  Electric  Transit  Com- 
pany shall  be  void  and  of  no  effect. 

§ 527.  Chicago  Electric  Transit  company. 


nr 

1. 

Grant — term. 

nr 

2. 

Tracks — how  laid. 

nr 

3. 

Motive  power. 

m 

4. 

Cable  power — overhead  wires. 

nr 

5- 

Street  improvements  and  repairs. 

nr 

6. 

Restoration  of  streets. 

nr 

7- 

License  fee. 

nr 

8. 

Heating  cars. 

nr 

9. 

Rate  of  fare. 

nr 

10. 

Time  of  completion. 

nr 

11. 

Indemnity  clause. 

nT 

12. 

Bond. 

nr 

13- 

When  in  force. 

An  ordinance  granting  permission  to  the  Chicago  Electric  Transit  company  to 
construct  and  operate  a street  railway  in  Irving  Park  boulevard  and  Grace- 
land  avenue.  (Passed  October  21,  1895.  Accepted  October  28,  1895.) 

T 1.  Grant — term.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  Permission  and  authority  are  hereby  granted 


§ 527] 


CHICAGO  ELECTRIC  TRANSIT  COMPANY. 


1239 


to  the  Chicago  Electric  Transit  Company,  its  successors  and  assigns, 
to  lay  down,  construct  and  operate  for  the  period  of  twenty  (20)  years 
from  the  passage  hereof,  a double  track  street  railway,  with  all  the 
necessary  and  convenient  turnouts  and  switches  in,  upon  and  along 
Irving  Park  boulevard  and  Graceland  avenue,  between  the  west  line 
of  Milwaukee  avenue  and  the  east  line  of  Ashland  avenue,  in  the  city 
of  Chicago. 

1"  2.  Tracks — how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions  without  obstruction,  and  shall  also  be  laid  as  near  the  cen- 
ter of  the  street  as  practicable,  section  1509  of  the  municipal  code  of 
Chicago,  of  1881  shall  not  apply  to  the  railway  tracks  herein  author- 
ized, but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor  and 
commissioner  of  public  works,  and  shall  be  laid  under  their  direction; 
and  provided,  further,  that  if  said  tracks  shall  not  have  been  laid  by 
the  time  Irving  Park  boulevard  is  paved,  then  the  16  feet  of  paving, 
provided  for  in  the  ordinance,  shall  be  put  down  at  the  same  time 
said  Irving  Park  boulevard  is  paved. 

1 3.  Motive  power.]  § 3.  The  cars  to  be  used  on  said  rail- 
way may  be  operated  by  electric  power,  cable  or  such  other  motive 
power  as  said  company  shall  by  any  ordinance  of  the  city  of  Chicago 
be  authorized  to  use. 

IF  4.  Cable  power — overhead  wires.]  § 4.  In  case  said  com- 
pany, upon  the  line  hereby  authorized,  shall  use  cable  power,  the 
method  of  laying  and  constructing  such  cable  and  operating  the  same 
shall  in  all  respects  be  the  same  and  be  governed  by  the  same  condi- 
tions and  limitations  as  provided  by  an  ordinance  of  the  city  council 
of  the  city  of  Chicago,  passed  June  7th,  1886,  authorizing  the  North 
Chicago  Street  Railroad  Company  to  use  cable  power. 

And  in  case  said  company,  upon  the  line  hereby  authorized,  shall 
use  electric  power  by  means  of  electric  overhead  contact  wires,  the 
method  of  construction  and  operation  shall  be  the  same  and  governed 
by  all  the  conditions  and  limitations  as  provided  in  an  ordinance  of  the 
city  of  Chicago,  passed  April  30th,  1894,  authorizing  the  operation 
by  electric  overhead  contact  wires  of  certain  lines  of  the  North  Chi- 
cago Street  Railroad  Company  and  the  West  Chicago  Street  Railroad 
Company;  Provided,  however,  that  the  iron  poles  for  supporting  the 
trolley  wires  shall  be  placed  between  the  curb  lines  and  the  sidewalk 
and  next  to  the  curb  line. 

1 5.  Street  improvements  and  repairs.]  § 5.  The  said  com- 
pany, as  to  the  parts  of  said  streets  in  and  upon  which  its  said  railway 
may  be  laid,  shall  pave  and  keep  sixteen  feet  in  width  in  good  condi- 
tion and  repair  during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extend,  in  accordance  with  whatever  order,  ordinance 


1240 


STREET  RAILWAYS. 


[§  527 


or  regulation  may  be  passed  or  adopted  by  the  city  council  in  relation 
to  such  repairing;  and  when  any  new  improvement  shall  be  ordered, 
by  the  city  council  of  said  part  of  said  street,  the  said  railway  com- 
pany shall,  in  the  manner  which  may  be  required  of  the  owners  of 
the  property  fronting  on  said  part  of  said  street,  make  such  new  im- 
provement for  the  width  of  sixteen  feet;  and  if  the  company  shall  re- 
fuse or  fail  so  to  do,  the  same  may  be  done  by  the  city,  and  the  com- 
pany shall  be  liable  to  the  city  for  the  cost  thereof.  Said  railroad 
company  shall  pave  the  center  sixteen  feet  of  that  part  of  said  Irving 
Park  boulevard  and  that  part  of  Graceland  avenue  hereby  authorized 
to  be  used  for  railroad  purposes  at  the  time  when  its  tracks  shall  be 
laid,  and  in  event  said  street  shall  have  been  paved  before  said  tracks 
shall  be  laid,  said  company  shall  refund  to  the  property  owners  the 
cost  of  said  sixteen  feet. 

IT  6.  Restoration  of  streets.]  § 6.  When  the  right  of  said 
railway  company  to  operate  its  railway  on  said  street  shall  cease  and 
determine,  said  company  shall  remove  the  tracks  from  the  said  part 
of  said  street,  and  put  the  said  part  of  the  street  from  which  said 
tracks  shall  be  removed  in  as  good  condition  as  the  adjacent  part  of 
said  street. 

T 7.  License  fee.]  § 7.  The  said  Chicago  Electric  Transit 
Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for 
the  use  of  said  city,  the  sum  of  fifty  (50)  dollars  as  an  annual  license 
fee  for  each  and  every  car  used  by  said  company,  in  the  manner  follow- 
ing: In  computing  the  number  of  cars  upon  which  said  license  charge 
may  be  imposed,  thirteen  round  trips,  when  the  car  is  used  in  the  trans- 
portation of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use 
of  the  car,  one-thirteenth  of  such  round  trips  during  each  quarter  shall 
be  divided  by  the  number  of  days  in  such  quarter,  such  quotient  shall 
be  the  number  of  cars  subject  to  such  license  fee;  Provided,  how- 
ever, that  such  cars  shall  not  already  be  liable  for  the  payment  of  a 
license  fee  on  one  of  the  other  lines  of  this  company  or  its  connec- 
tions. The  president  or  any  other  officer  of  said  company  shall,  un- 
der oath,  make  report  quarter-yearly  to  the  comptroller  of  the  city 
of  Chicago,  of  the  whole  number  of  cars  so  run  by  said  company,  and 
at  the  same  time  pay  to  said  comptroller  twelve  dollars  and  a half 
($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed  in  this 
section.  The  first  quarter  shall  begin  on  the  first  day  upon  which  said 
company  shall  run  a car  or  cars  for  the  carriage  of  passengers. 

T 8.  Heating  cars.]  § 8.  The  cars  upon  the  railway  hereby 
authorized  shall  be  provided  during  the  months  of  November,  Decem- 
ber, January,  February  and  March  of  each  year  with  heating  apparatus 
of  a kind  and  nature  to  be  selected  by  said  company,  which  shall  be 
reasonably  effective  in  raising  the  temperature  in  said  cars  and  heat- 
ing the  same;  and  the  said  apparatus  shall  be  operated  at  such  times 
during  the  months  aforesaid  as  the  need  of  the  weather  and  degree 


CHICAGO  ELECTRIC  TRANSIT  COMPANY. 


1241 


527] 


of  temperature  shall  require  and  on  all  cars,  both  day  and  night.  And 
the  cars  upon  said  tracks  herein  authorized  to  be  laid  shall  be  run  at 
such  intervals  as  may  be  necessary  to  accommodate  the  public. 

1 9.  Rate  of  fare.]  § 9.  The  rate  of  fare  shall  be  five  cents 
for  one  continuous  ride  from  the  west  line  of  said  Milwaukee  avenue 
to  the  east  line  of  said  Ashland  avenue  going  either  way.  City  police 
and  firemen  in  uniform  sTall  be  carried  free  of  charge. 

T 10.  Time  of  completion.]  § 10.  The  railroad  authorized 
to  be  constructed  and  operated  under  this  ordinance  shall  be  com- 
pleted and  in  operation  by  July  1st,  1896;  Provided,  however,  that  the 
tracks  authorized  to  be  laid  under  the  ordinance  shall  be  laid  at  the 
same  time  that  said  Irving  Park  boulevard,  between  the  west  line  of 
Milwaukee  avenue  and  the  west  line  of  Western  avenue  shall  be  paved, 
and  said  railroad  company  shall  not  be  required  to  lay  down  said  track 
or  construct  and  operate  said  railroad  before  said  paving  shall  be  done, 
and  when  the  water  pipes  shall  be  laid  in  Irving  Park  boulevard,  be- 
tween said  Milwaukee  avenue  and  said  Western  avenue,  the  same 
shall  be  laid  on  either  side  of  the  street  and  so  as  not  to  disturb  or  in- 
terfere with  the  railroad  tracks  hereby  authorized. 

If  said  company  shall  be  restrained  or  prevented  from  proceeding 
with  the  work  upon  said  railway  by  the  order  or  writ  of  any  court 
of  competent  jurisdiction,  the  time  during  which  said  company  may 
be  so  delayed  shall  be  added  to  the  time  herein  prescribed  for  the  com- 
pletion of  said  work.  The  city  of  Chicago  shall,  however,  have  the 
right  to  intervene  in  any  suit  for  an  injunction  to  restrain  the  said 
company  as  aforesaid,  and  move  for  a dissolution  of  said  injunction. 

The  time  during  which  said  company  may  be  so  delayed  as  afore- 
said shall,  however,  be  reckoned  only  from  the  time  when  the  said 
company  shall  have  given  notice  to  the  corporation  counsel  of  the  city 
of  Chicago  of  the  institution  of  such  legal  proceedings  as  aforesaid. 

T 11.  Indemnity  clause.]  § 11.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from  the  exercise  by  the  said  company  of  the  privileges  here- 
by granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

T 12.  Bond.]  § 12.  The  Chicago  Electric  Transit  Company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in  the 
penal  sum  of  $25,000,  to  be  approved  by  the  mayor,  conditioned  for 
the  faithful  observance  and  performance  of  the  provisions  and  con- 
ditions of  this  ordinance,  on  its  part  to  be  performed  and  observed  as 
aforesaid. 


1242 


STREET  RAILWAYS. 


[§  528 


T 13.  When  in  force.]  § 13.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  afterNits  passage  and  approval  by  the  mayor, 
and  filing  of  the  bond  and  acceptance  as  herein  prescribed ; Provided, 
however,  that  if  said  acceptance  and  bond  shall  not  be  filed  as  afore- 
said within  sixty  (60)  days  of  the  passage  hereof,  then  all  the  rights 
and  privileges  herein  granted  to  said  Chicago  Electric  Transit  Com- 
pany shall  be  void  and  of  no  effect. 


CHICAGO  GENERAL  RAILWAY  COMPANY. 

(Successors  to  West  and  South  Towns’  Horse  Railway  company.) 

§ 528.  Chicago  General  Railway  company. 

IT  1.  Streets  named — grant  20  years. 

2.  Tracks,  how  laid— rails  prescribed. 

3.  Motive  powers — excavations  for  cable. 

IT  4-  Repair  and  improvement  of  streets. 

5.  Rights  ceasing — restoration  of  streets. 

6.  Damage  to  abutting  owners. 

% 7.  Car  license  fee. 

IT  8.  Per  mile  tax. 

IT  9-  Heating  of  cars  compelled. 

10.  Indemnify  the  city. 

11.  Bond — conditions. 

12.  Subject  to  general  ordinances. 

13.  Connect  with  other  tracks — continuous  fare. 

IT  J4-  Five  miles  constructed — default— rights  cease. 

1J  15.  When  in  force — void  when. 

An  ordinance  authorizing  the  West  and  South  Towns’  Horse  Railway  company 
to  construct,  maintain  and  operate  a street  railway  in  certain  streets  in  the 
city  of  Chicago.  (Passed  February  8,  1892.  Accepted  February  25,  1892.) 

T 1.  Streets  named—grant,  20  years.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of 

the  acceptance  hereof  and  the  undertaking  of  the  West  and  South 
Towns’  Horse  Railway  Company  to  comply  with  the  provisions  here- 
in  contained,  consent  is  hereby  given,  permission  granted  and  author- 
ity duly  vested'  in  said  company,  its  successors  and  assigns,  to  lay 
down,  construct,  operate  and  maintain  a single  or  double  track  street 
railway,  with  all  necessary  and  convenient  turn-outs,  turn-tables,  side- 
tracks, connections  and  switches  in,  upon,  over  and  along  certain  por- 
tions of  certain  streets,  lots,  blocks  or  ground  in  the  city  of  Chicago, 
including  the  right  to  cross  all  connecting,  abutting  or  intersecting 
streets,  avenues,  courts,  places,  alleys  and  public  highways  as  follows: 
Upon  that  portion  of  Twenty-second  street  lying  between  the  east  line 
of  Grove  street  and  the  west  line  of  Johnson  street;  also  upon  that 
portion  of  Twenty-second  street  lying  between  the  west  line  of  May 


§ 328] 


CHICAGO  GENERAL  RAILWAY  COMPANY. 


1243 


street  and  the  west  line  of  Crawford  avenue;  also  upon  that  portion 
of  Lawndale  avenue  lying  between  the  north  line  of  West  Twenty- 
second  street  and  the  south  line  of  Thirty-fifth  street;  also  connect- 
ing the  road  terminating  at  the  west  line  of  Johnson  street  with  the 
road  beginning  at  the  west  line  of  May  street  by  constructing  or  op- 
erating over,  along  and  across  such  lots,  blocks,  ground,  public  high- 
ways or  tracks  now  laid,  as  it  may  have  or  acquire  by  lease,  contract, 
purchase,  condemnation  or  otherwise  according  to  law,  said  connec- 
tion to  be  made  within  three  hundred  and  fifty  (350)  feet  north  or 
south  of  the  center  line  of  said  Twenty-second  street.  Said  company 
may  construct,  maintain  and  operate  its  railways  aforesaid  upon  the 
terms  and  conditions  and  subject  to  the  restrictions  mentioned  in  this 
ordinance  for  the  period  of  twenty  years  from  the  passage  hereof  and 
no  longer.  Provided,  said  company  will  refund  to  the  owners  of  prop- 
erty abutting  on  Twenty-second  street,  between  Union  street  and  Hal- 
sted  street,  the  cost  of  improving  the  sixteen  feet  in  the  center  of  said 
part  of  Twenty-second  street. 

1 2.  Tracks,  how  laid — rails  prescribed.]  § 2.  The  tracks  of 
said  railway  shall  not  be  elevated  above  the  surface  of  said  street  and 
shall  be  laid  with  modern  improved  rails  and  in  such  a manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same,  at 
all  points  and  in  all  directions,  without  obstruction,  and  shall  also  be 
laid  as  near  to  the  center  of  the  street  as  practicable.  Section  1509  of 
the  Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railroad 
tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory 
to  the  mayor  and  commissioner  of  public  works  and  shall  be  laid  under 
their  direction. 

1 3.  Motive  powers — excavations  for  cable.]  § 3.  The  cars 
to  be  used  on  said  railway  may  be  operated  by  animal  or  cable  power, 
electric,  compressed  air  or  gas  motor;  provided,  if  overhead  wires  are 
used  the  main  electrical  feeders  shall  be  placed  under  ground  and  con- 
nections to  the  trolley  wire  shall  be  made  through  hollow  iron  pipes, 
and  for  the  purpose  of  operating  the  said  cars  by  cable  or  other 
mechanical  power,  said  company  may  make  all  needful  and  convenient 
curves,  trenches,  excavations  and  sewer  connections  and  may  place  all 
needful  and  convenient  cables  and  machinery  in  said  street.  Such 
cables  and  machinery  shall  be  under  ground  and  constructed  in  a 
substantial  and  workmanlike  manner,  of  the  most  approved  method 
and  convenience,  and  constructed  in  a manner  satisfactory  to  the  com- 
missioner of  public  works  so  as  not  to  interfere  with  public  travel; 
provided,  that  if,  in  the  construction  of  said  trenches  and  excavations, 
any  damage  or  injury  shall  result  to  any  of  the  sewers,  water  pipes 
or  private  drains,  then  said  company  shall  be  held  liable  and  pay  there- 
for. If  at  any  time,  by  reason  of  the  permission  hereby  granted  and 
the  making  of  such  trenches  and  running  of  such  cables,  or  the  con- 
struction or  operation  of  said  road,  under  any  system  of  motive 


1244 


STREET  RAILWAYS. 


[§528 


power,  any  injury  or  damage  shall  result  to  any  person  or  property, 
then  said  company  shall  be  liable  therefor.  All  needful  and  conven- 
ient connections  with  the  motive  power  or  engines  shall  be  subject  to 
the  same  restrictions.  The  aperture  opening  into  said  trenches  shall 
not  exceed  five-eighths  of  an  inch  in  width.  In  case  said  road  shall 
be  operated  by  cable  or  other  mechanical  power,  said  company  may 
operate  not  exceeding  three  cars  and  one  grip  car  attached  together, 
with  a grip  man  in  charge  of  the  grip  car  and  one  conductor  in  charge 
of  each  additional  car.  Provided,  until  the  lines  of  railway  herein  au- 
thorized to  be  constructed  can  be  constructed,  operated  and  kept  in 
repair  without  actual  loss,  said  company  may  operate  the  same  with 
cars  drawn  by  a single  horse  and  in  charge  and  under  the  control  of 
the  driver  of  said  car;  provided,  that  at  any  time  after  the  expiration 
of  five  years  said  company  shall,  upon  the  order  of  the  mayor  and 
commissioner  of  public  works,  operate  said  line  on  Twenty-second 
street  with  such  additional  modern,  improved  and  enlarged  cars  as 
the  increased  amount  of  traffic  demands. 

T 4.  Repair  and  improvement  of  streets.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and1  upon  which  its  said  railway 
may  be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall 
be  laid  and  sixteen  feet  in  width  where  a double  track  shall  be  laid  in 
good  condition  and  repair,  during  all  the  time  to  which  the  privileges 
hereby  granted  shall  extend,  in  accordance  with  whatever  order,  ordi- 
nance or  regulation  may  be  passed  or  adopted  by  the  city  council  in 
relation  to  such  repairing;  and  when  any  new  improvement  shall  be 
ordered  by  the  city  council  of  said  part  of  said  street,  the  said  railway 
company  shall,  in  the  manner  which  may  be  required  of  the  owners 
of  property  fronting  on  said  part  of  said  street,  make  such  new  im- 
provement for  the  width  of  eight  feet  where  a single  track  shall  be 
laid,  of  sixteen  feet  where  a double  track  shall  be  laid,  and  if  the 
company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by  the 
city,  and  the  company  shall  be  liable  to  the  city  for  the  cost  thereof. 

1 5-  Rights  ceasing— restoration  of  streets.]  § 5.  When  the 
right  of  said  railway  company  to  operate  its  railway  on  said  part  of 
said  street  shall  cease  and  determine  said  company  shall  remove  the 
tracks  from  the  said  part  of  said  street  and  put  the  said  part  of  the 
said  street  from  which  said  tracks  shall  be  removed  in  as  good  con- 
dition as  the  adjacent  part  of  said  street. 

1 6.  Damage  to  abutting  owners.]  § 6.  The  said  company 
shall  pay  all  damages  to  the  owners  of  property  abutting  on  the  said 
part  of  said  street  upon  or  over  which  its  road  may  be  constructed 
which  said  owners  may  sustain  by  reason  of  the  location  or  construc- 
tion of  said  road. 

T 7.  Car  license  fee.]  § 7.  The  said  company  shall  pay  into 
the  city  treasury  of  the  city  of  Chicago,  for  the  use  of  said  city,  the 
sum  of  fifty  dollars  ($50)  as  an  annual  license  fee  for  each  and  every  car 


§ 528] 


CHICAGO  GENERAL  RAILWAY  COMPANY. 


1245 


used  by  said  company  in  the  manner  following:  In  computing  the 

number  of  cars  upon  which  said  license  charge  may  be  imposed,  thir- 
teen round  trips,  when  the  car  is  used  in  the  transportation  of  passen- 
gers, shall  be  taken  as  equivalent  to  one  d'ay’s  use  of  one  car;  one- 
thirteenth  of  such  round  trips  during  each  quarter  shall  be  divided  by 
the  number  of  days  in  such  quarter;  such  quotient  shall  be  the  num- 
ber of  cars  subject  to  such  license  fee.  Provided,  however,  that  such 
cars  shall  not  already  be  liable  for  the  payment  of  a license  fee  on  one 
of  the  other  lines  of  this  company  or  its  connections.  The  president 
or  other  chief  officer  of  said  company  shall,  under  oath,  make  report 
quarter-yearly,  to  the  comptroller  of  the  city  of  Chicago,  of  the  whole 
number  of  cars  so  run  by  said  company,  and,  at  the  same  time, 
pay  to  said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each 
car,  to  be  ascertained  as  above  prescribed  in  this  section.  The  first 
quarter  shall  begin  on  the  first  day  upon  which  said  company  shall 
run  a car  or  cars  for  the  carriage  of  passengers. 

1"  8.  Per  mile  tax.]  § 8.  The  rights,  privileges  and  franchises 
herein  conferred  are  granted  upon  the  further  condition  and  considera- 
tion that,  on  and  after  December  1,  1895,  the  said  company  or  their 
legal  assigns,  or  any  person,  firm,  company  or  corporation  in  any  way 
claiming  under  or  through  them  or  operating  the  road  herein  author- 
ized, shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  annually, 
for  each  and  every  lineal  mile  of  their  road  laid  under  the  provisions 
of  this  ordinance  and  a proportionate  amount  for  any  fraction  of  a 
mile  laid  as  herein  authorized  the  sum  of  five  hundred  (500)  dollars. 
The  payments  under  the  conditions  herein  prescribed  shall  be  due  and 
payable  on  the  first  day  of  December  of  each  year  and  the  first  pay- 
ment due,  as  herein  provided,  to  be  made  on  the  first  day  of  Decem- 
ber, 1896. 

1 9.  Heating  of  cars  compelled.]  § 9.  The  cars  upon  the 
railway  hereby  authorized  shall  be  provided  during  the  months  of 
November,  December,  January,  February  and  March  of  each  year 
with  heating  apparatus,  of  a kind  and  nature  to  be  selected  by  said 
company,  which  shall  be  reasonably  effective  in  raising  the  tempera- 
ture in  said  car  and  heating  the  same;  and  the  said  apparatus  shall  be 
operated  at  such  times  during  the  months  aforesaid  as  the  need  of 
the  weather  and  degree  of  temperature  shall  require  and  on  all  cars, 
both  day  and  night.  There  shall  be  operated,  at  all  times,  upon  said 
line  a sufficient  number  of  cars  to  be  run  upon  such  schedule  time  as 
will  reasonably  and  properly  accommodate  the  necessities  of  the  pub- 
lic. 

IT  10.  Indemnify  the  city.]  § 10.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 


1246 


STREET  RAILWAYS. 


leges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the 
exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

1 11,  Bond — conditions.]  § n.  The  said  company  shall  exe- 
cute to  the  city  of  Chicago  a good  and  sufficient  bond  in  the  penal 
sum  of  twenty-five  thousand  (25,000)  dollars,  to  be  delivered  to  and 
approved  by  the  mayor,  conditioned  for  the  faithful  observance  and 
performance  of  the  provisions  and  conditions  of  this  ordinance,  on  its 
part  to  be  observed  and  performed  as  aforesaid. 

T 12.  Subject  to  general  ordinances.]  § 12.  The  franchises 
granted  by  this  ordinance,  except  as  herein  specially  provided,  are 
granted  subject  to  all  general  ordinances  of  the  city  of  Chicago  con- 
cerning horse  railroads  now  in  force  or  which  may  hereafter  be  passed 
by  said  city  under  its  police  power. 

If  13.  Connect  with  other  tracks — continuous  fare.]  § 13. 
Said  company  shall  have  the  right  to'  connect  its  tracks  with  those  of 
the  Chicago  City  Railway  Company  on  Twenty-second  street,  at  or 
near  Grove  street,  but  shall  have  no  right  to  construct  any  tracks  east 
of  the  Chicago  river  on  said  street  without  the  consent  in  writing  of 
said  Chicago  City  Railway  Company.  Said  company  shall  also  have 
the  right  to  operate  its  cars  over  tracks  not  owned  by  it  upon  such 
terms  and  conditions,  by  lease  or  contract,  as  may  be  agreed  upon 
between  the  companies  owning  such  respective  tracks,  or  otherwise 
not  in  conflict  with  any  of  the  conditions  of  this  ordinance  or  the  gen- 
eral ordinances  of  the  city;  and  provided,  further,  that  the  rate  of  fare 
to  be  charged  upon  the  lines  herein  authorized,  or  over  which  said 
company  may  so  operate,  shall  not  exceed  five  cents  for  one  con- 
tinuous ride  for  any  distance  within  the  present  or  future  city  limits. 

1 14.  Five  miles  constructed— default — rights  cease.]  § 14. 
Said  company  shall  commence  work  as  early  in  the  spring  of  1892 
as  circumstances  will  permit  and  not  less  than  five  miles  of  the  tracks 
hereby  authorized  shall  be  laid  on  or  before  December  1,  1892,  and 
if  the  said  company  shall  fail  to  complete  the  same  within  the  said 
time  the  rights  and  privileges  hereby  granted  shall  cease  and  deter- 
mine; provided,  that  if  the  said  company  shall  be  restrained  or  pre- 
vented from  proceeding  with  the  work  upon  said  railway  tracks  by 
the  order  or  writ  of  apy  court  of  competent  jurisdiction,  the  time 
which  said  company  may  be  SO'  delayed  shall  be  added  to  the  time 
herein  prescribed  for  the  completion  of  said  railway  tracks.  The  city 
shall,  however,  have  the  right  to  intervene  in  any  suit  for  an  injunction 
to  restrain  said  company,  as  aforesaid,  and  move  for  the  dissolution  of 
the  injunction  in  case  such  suit  shall  be  deemed  collusive,  or  for  the 
purpose  of  delay,  or  of  extending  the  time  for  the  completion  of  said 
tracks. 

T 15.  When  in  force— void  when.]  § 15.  This  ordinance 


§ 5^9] 


CHICAGO  GENERAL  RAILWAY  COMPANY. 


1247 


shall  take  effect  and  be  in  force  from  and  after  its  passage  and  ap- 
proval by  the  mayor  and  the  filing  with  the  city  clerk  of  the  bond 
and  acceptance  as  herein  prescribed;  provided,  however,  that  if  said 
acceptance  and  bond  shall  not  be  filed,  as  aforesaid,  within  ninety  (90) 
days  of  the  passage  hereof,  then  all  rights  and  privileges  herein 
granted  to  said  company  shall  be  void  and  of  no  effect. 

§ 529.  Chicago  General  Railway  company. 

1.  Preamble. 

2.  Grant — extension  of  lines — conditions  same  as  ordinance  of 

February  8,  1892. 

^f  3.  Rate  of  fare — license  fee. 

TJ  4.  Acceptance — bond. 

An  ordinance  authorizing  the  West  and  South  Towns’  Street  Railway  company 
to  construct,  operate  and  maintain  a street  railway  on  certain  streets  therein 
named.  (Passed  April  5,  1893.  Accepted  April  6,  1893.) 

1.  Preamble.]  Whereas,  the  city  of  Chicago,  by  an  ordinance 
passed  February  8th,  1892,  granted  to»  the  West  and  South  Towns’ 
Horse  Railway  Company,  its  successors  and  assigns,  authority  to  con- 
struct a street  railway  on  certain  portions  of  Twenty-second  street 
and  Lawndale  avenue,  as  more  fully  appears  by  reference  to  said 
ordinance;  and  whereas,  on  March  21st,  A.  D.  1892,  the  said  com- 
pany changed  its  name  to  West  and  South  Towns’  Street  Railway 
Company;  and  whereas,  said  company  caused  a notice  to  be  published 
that  on  Monday,  September  21,  A.  D.  1891,  at  7:30  p.  m.,  or  as  soon 
thereafter  as  a hearing  might  be  had,  said  company  would  present 
its  petition  to  the  corporate  authorities  of  the  city  of  Chicago,  at  the 
council  chamber  in  the  city  hall  of  said  city,  for  consent  to  locate, 
construct  and  operate  a certain  railroad  on  Twenty-second  street,  be- 
ginning at  Portland  avenue  and  extending  to  Crawford  avenue,  also 
on  Lawndale  avenue,  beginning  at  Twenty-second  street  and  extend- 
ing to  Thirty-fifth  street;  which  said  notice  was  duly  published  in  two 
newspapers  of  general  circulation,  published  weekly  in  said  county 
and  state,  both  of  which  were  and  are  in  general  circulation  in  the 
particular  neighborhood  in  and  through  which  it  was  proposed  to  con- 
struct and  operate  said  railway.  And  that  accordingly,  at  the  time 
and  place  mentioned  in  said  notice,  said  company  presented  to  the 
said  city  council  of  the  city  of  Chicago  its  petition  for  an  ordinance 
substantially  as  proposed  in  said  notice;  which  said  petition  was  re- 
ceived by  said  council  and  referred  to  its  committee  on  streets  and 
alleys  for  the  west  division  of  said  city.  And  that  on  or  about  October 
19,  A.  D.  1891,  a petition  of  the  owners  of  property  fronting  on  the 
line  of  said  proposed  railway  was  presented  to  ,said  city  council  of 
the  city  of  Chicago,  by  one  of  the  members  of  said  council,  together 
with  a draft  of  an  ordinance  granting  the  authority  prayed  for  in 
and  by  said  petition,  and  that  thereupon  said  petition  of  property 
owners  was  duly  referred  to  the  department  of  public  works  for  veri- 
fication, with  a direction  after  such  verification  to  send  the  same  to 


1248 


STREET  RAILWAYS. 


the  committee  on  streets  and  alleys  for  the  west  division  of  said  city, 
and  said  draft  or  ordinance  was,  also,  thereupon  duly  referred  to  said 
committee  for  their  report  thereon.  And  that  on  or  about  Decem- 
ber 7,  1891,  the  commissioner  of  public  works  made  his  report  to  said 
committee,  showing  that  from  the  east  line  of  Grove  street  the  own- 
ers of  the  land,  representing  more  than  one-half  of  the  frontage  of 
each  mile  and  of  each  fractional  mile  of  so  much  of  the  street  as  was 
sought  to  be  used  for  railway  purposes  had  petitioned  that  said  com- 
pany be  granted  the  right  to  use  such  portions  of  said  street  as  were 
mentioned  in  said  report.  And  that  on  or  about  December  21,  A.  D. 
1891,  a further  petition  of  property  owners  for  the  construction  of 
the  said  proposed  railway  was  presented  to  the  city  council  of  the 
city  of  Chicago,  praying  the  passage  of  the  ordinance  granting  au- 
thority to  said  company  to  construct  the  street  railway  proposed  by 
such  petitioners,  which  said  last  named  petition  was  thereupon  duly 
referred  to  the  commissioner  of  public  works  for  verification,  with  a 
direction  after  such  verification  to  transmit  the  same  to  the  committee 
on  streets  and  alleys  of  the  west  division  of  said  city.  And  that  on  or 
about  January  4th,  A.  D.  1892,  a second  draft  of  an  ordinance  of  said 
council  for  the  construction  of  said  proposed  street  railway  was  pre- 
sented to  said  common  council,  and  duly  referred  to  the  said  com- 
mittee on  streets  and  alleys  for  the  west  division  of  said  city.  That 
on  or  about  January  18,  A.  D.  1892,  the  said  committee  on  streets  and 
alleys  for  the  west  division  of  the  said  city  of  Chicago  held  a formal 
and  open  public  hearing  on  the  matter  of  said  petition  and  proposed 
ordinance,  at  which  full  opportunity  was  given  to  all  and  any  persons 
who  might  be  concerned  therein  to  attend  and  make  any  objections 
which  they  might  see  fit  to  present;  and  no  objection  being  made  by 
or  on  behalf  of  any  one  to  the  proposed  ordinance,  or  to  the  petition 
of  owners  herein  mentioned,  which  meeting  was  held  in  the  council 
chamber  of  the  said  city  of  Chicago,  and  it  appearing  to  said  commit- 
tee that  the  owners  of  land  representing  more  than  one-half  of  the 
frontage  of  each  mile  and  of  each  fractional  mile  of  so  much  of  said 
streets  as  were  described  in  said  report  of  said  commissioner,  said 
committee  decided  to  place  on  file  the  proposed  ordinance)  for  the  con- 
struction thereof  and  to  adopt  and  recommend  to  the  city  council  for 
passage  a substitute  therefcr,  in  conformity  to  the  said  report  of  the 
commissioner  of  public  works;  that  said  committee  thereupon  ad- 
journed, and  on  the  evening  of  the  same  day,  presented  their  said 
report  and  submitted  said  substitute  SO'  as  aforesaid  adopted  by  them 
to  the  said  city  council  for  passage.  And  that  thereupon  said  report 
and  proposed  ordinance  were  ordered  published  and  action  thereon 
deferred,  pursuant  to  law,  and  said  report  and  ordinance  were  accord- 
ingly published  in  full  in  the  proceedings  of  said  city  council  of  the 
date  last  aforesaid.  And  that  on  or  about  February  1,  1892,  a third 
petition  of  property  owners  for  the  construction  of  said  railway  was 
presented  in  a meeting  of  said  council  of  said  city  of  Chicago  and  duly 


§ 529]  CHICAGO  GENERAL  RAILWAY  COMPANY.  1249 

referred  to  said  committee  on  streets  and  alleys  for  the  west  division 
of  said  city.  And  that  on  or  about  February  8,  1892,  the  said  report 
and  ordinance,  so  as  aforesaid  recommended  by  said  committee  to 
said  council,  were  brought  before  said  council  for  its  action  thereon 
and  no  objection  having  been  filed  to  said  ordinance,  and  it  appearing 
to  said  council  that  the  owners  of  the  land  representing  more  than 
one-half  of  the  frontage  of  each  mile  and  of  each  fractional  mile  of  so 
much  of  the  streets  as  were  mentioned  in  said  substitute  ordinance 
had  petitioned'  for  the  passage  thereof,  and  that  the  public  interests 
required  the  substitution  of  said  ordinance  of  said  committee;  there- 
upon said  council,  on  motion,  concurred  in  said  report  and,  by  an 
unanimous  vote,  passed  said  ordinance,  as  more  fully  and  at  large 
appears  in  the  official  report  of  the  proceedings  of  said  council  on 
the  date  last  aforesaid,  and  which  said  ordinance,  not  having  been 
vetoed  by  the  mayor  of  said  city,  became  valid  and  effectual  by  the 
lapse  of  time,  without  any  objection  thereto  having  been  made.  And 
that  on  or  about  February  25,  A.  D.  1892,  said  company  having 
previously  filed  in  the  office  of  the  clerk  of  said  city  its  formal  accept- 
ance of  the  ordinance  aforesaid,  the  same  was  thereupon,  on  the  day 
last  aforesaid,  duly  presented  by  said  clerk  to  said  city  council  and, 
upon  such  presentation,  was  duly  placed  on  file.  And  that  on  or  about 
Aprii  8,  A.  D.  1892,  this  respondent  duly  filed  the  bond  required  by 
said  ordinance,  the  same  having  been  duly  approved  by  the  mayor 
of  said  city.  And  that  on  or  about  April  28,  A.  D.  1892,  a permit 
for  the  construction  of  said  railway  was  duly  issued  by  the  commis- 
sioner of  public  works  of  said  city  of  Chicago1,  authorizing  this  re- 
spondent to  construct  its  said  railway  under  said  ordinance;  now, 
therefore, 

1 2.  Grant— extension  of  lines— conditions  same  as  ordinance 
of  February  8,  1892.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Upon  the  petition  of  the  owners  of  the  land  rep- 

resenting more  than  one-half  of  the  frontage  of  each  mile  and  of  each 
fractional  mile  of  so  much  of  the  streets  herein  named  as  is  sought 
to  be  used  for  railway  purposes,  and  in  consideration  of  the  accept- 
ance hereof  and  the  undertaking  of  the  West  and  South  Towns’  Street 
Railway  Company  to  comply  with  the  provisions  of  this  ordinance, 
said  company,  its  successors  and  assigns,  are  hereby  given  authority 
and  consent  to  construct,  operate  and  maintain  a single  or  double 
track  street  railway,  with  all  necessary  and  convenient  curves,  turn- 
outs, side-tracks,  connections  and  switches  in,  upon,  over  and  along 
the  streets  mentioned,  as  follows:  On  West  Twenty-fifth  street,  be- 

ginning at  the  west  line  of  Lawndale  avenue  and  extending  to  the 
east  line  of  Rockwell  street;  on  Rockwell  street,  commencing  at  the 
south  line  of  Twenty-sixth  street  and  extending  to  the  north  line  of 
Nineteenth  street;  on  Kedzie  avenue,  commencing  at  the  north  line 
of  Twenty-second  street  and  extending  to  the  south  line  of  Thirty- 


79 


1250 


STREET  RAILWAYS. 


[§  530 


first  street;  on  Homan  avenue  from  the  north  line  of  Twenty-second 
street  to  the  south  line  of  Twenty-third1  street,  including  the  right  to 
cross  all  connecting,  abutting  or  intersecting  streets,  avenues,  courts, 
places,  alleys  and  public  highways.  The  privileges  hereby  granted 
shall  be  deemed  an  extension  of  the  road  authorized  to  be  constructed 
by  said  company  on  West  Twenty-second  street  from  Grove  street  to 
Crawford  avenue  and  Lawndale  avenue  from  Twenty-second  street  to 
Thirty-fifth  street,  and  the  provisions  of  said  ordinance  of  February 
8th,  1892,  shall  extend  to  and  apply  to  the  streets  herein  named,  and 
same  shall  be  subject  to  the  further  conditions  herein  contained;  that 
whenever  said  company  shall  desire  to  condemn  any  property,  as 
provided  for  in  the  laws  of  the  state  of  Illinois,  said  company  may 
connect  the  property  so  acquired  by  condemnation,  purchase  or  other- 
wise, with  the  lines  herein  mentioned,  and  for  such  purposes  said 
company  may  cross  any  connecting,  abutting  or  intersecting  streets, 
avenues,  courts,  places,  alleys  and  public  highways. 

If  3.  Rate  of  fare— license  fee.]  § 2.  Said  company  shall  not 
be  allowed  to1  charge  exceeding  the  fare  of  five  (5)  cents  on  the  lines 
herein  authorized,  and  any  person  paying  a fare  of  five  (5)  cents  cm 
either  of  the  other  lines  of  said  company  shall  be  entitled  to  a trans- 
fer ticket  on  any  of  the  lines  herein  authorized  without  additional 
cost.  All  cars  run  on  said  lines  shall  pay  an  annual  license  fee  of 
fifty  (50)  dollars 'for  each  car,  to  be  computed  as  provided  in  said  ordi- 
nance of  February  8th,  1892.  As  specified  in  the  petition  of  property 
owners,  said  tracks  shall  be  laid  as  soon  as  the  underground  work  in 
said  streets  is  completed,  and  if  said  streets  are  paved  the  original 
improvement  to  be  paid  for  by  assessment  on  the  property  abutting 
thereon,  and  all  subsequent  improvement  or  repairs  shall  be  paid  for 
by  said  company  as  provided  for  in  said  ordinance  of  February  8th, 
1892,  except  that  section  8 of  the  same  shall  not  apply  to  the  roads 
herein  mentioned,  but  the  rail  to  be  used  shall  be  subject  to  the  ap- 
proval of  the  commissioner  of  public  works. 

T 4.  Acceptance — bond.]  § 3.  This  ordinance  must  be  ac- 
cepted by  said  company  within  ninety  (90)  days  after  its  passage  and 
approval  by  the  mayor,  and  the  same  shall  take  effect  and  be  in  force 
from  and  after  its  passage.  An  additional  bond  of  ten  thousand  dol- 
lars ($10,000),  with  said  company  as  principal,  shall  also  be  filed  with 
the  city  clerk,  conditioned  to  the  performance  of  the  conditions  here- 
in named. 

§ 530.  Chicago  General  Railway  company. 

IT  1.  Grant — connecting  line — grant  ends  February  8,  1912. 

IT  2.  Conditions— rate  of  fare— license — bond— subject  to  ordinances. 

An  ordinance  granting  permission  to  the  Chicago  General  Railway  company  to 
construct  a connecting  street  railway  track  on  Homan  avenue.  (Passed 
December  10,  1894.  Accepted  January  7,  1895.) 


53°] 


CHICAGO  GENERAL  RAILWAY  COMPANY. 


1251 


1 1.  Grant— connecting  line — grant  ends  February  8,  1912.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  For 

the  purpose  of  connecting  Twenty-second  street  and  Lawndale  ave- 
nue lines  of  railway,  without  a double  crossing  of  the  main  tracks 
of  the  Chicago,  Burlington  & Quincy  Railroad  Company,  and  upon 
the  petition  of  owners  of  land  representing  more  than  one-half  of  the 
frontage  of  so  much  of  the  street  named  in  said  petition  as  is  sought 
to  be  used  for  railroad  purposes,  and  in  consideration  of  the  accept- 
ance of  the  conditions  herein  named,  authority  is  hereby  granted  to  the 
Chicago  General  Railway  Company  to  construct,  operate  and  maintain 
for  and  during  the  period  ending  February  8th,  1912,  a double  track 
railway,  with  all  the  necessary  and  convenient  curves,  turn-outs,  side- 
tracks, connections  and  switches  in,  upon  over  and  along  Homan  ave- 
nue, from  the  north  line  of  West  Twenty-third  street  to  the  south 
line  of  West  Twenty-fifth  street,  and  being  the  distance  of  two  blocks. 

^ 2.  Conditions — rate  of  fare— license— bond — subject  to  ordi- 
nances.] § 2.  This  franchise  is  granted  upon  the  following  condi- 
tions: The  construction  of  said  road  shall  commence  within  thirty 
days  after  the  ordinance  becomes  a law,  and  shall  be  completed  with- 
out unnecessary  delay,  under  the  direction  of  the  commissioner  of 
public  works;  six  tickets  shall  be  sold  for  twenty-five  cents;  said  road 
shall  be  equipped  with  first-class  electric  cars;  said  company  shall  at 
their  own  expense  pave  the  center  sixteen  feet  of  said  street,  from 
Twenty-second  street  to  Twenty- fifth  street,  with  block  pavement,  and 
will  make  said  street  safe  and  accessible  for  all  vehicles,  and  will  keep 
said  sixteen  feet  in  proper  repair,  under  the1  direction  of  the  commis- 
sioner of  public  works,  during  the  lifetime  of  this  franchise.  Said  com- 
pany shall  pay  into  the  city  treasury  an  annual  license  fee  of  fifty  dol- 
lars ($50)  for  each  car  used  by  said  company,  the  number  of  cars 
to  be  cortiputed,  according  to  the  method  prescribed  in  the  ordinance 
authorizing  tracks  on  West  Twenty-second  street  and  Lawndale  ave- 
nue, passed  February  eighth,  eighteen  hundred  and  ninety-two.  Said 
company  shall  forever  indemnify  the  city  of  Chicago  from  all  dam- 
ages, judgments,  decrees,  costs  and  expenses  of  the  same,  which  it 
may  suffer  by  reason  of  the  granting  of  this  privilege.  Said  company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in  the 
penal  sum  of  five  thousand  dollars  ($5,000),  to  be  delivered  to  and 
approved  by  the  mayor,  and1  conditioned  for  the  faithful  observance 
and  performance  of  the  conditions  of  this  ordinance.  This  franchise  is 
granted  subject  to  all  general  ordinances  now  in  force,  or  which  may 
hereafter  be  passed,  by  the  city  under  its  police  power.  This  ordi- 
nance shall  be  accepted,  and  said  bond  filed  within  thirty  days  after 
this  ordinance  shall  become  a law. 


STREET  RAILWAYS. 


1252 


[§  531 


CHICAGO  AND  JEFFERSON  URBAN  TRANSIT  COMPANY. 
§ 531.  Chicago  and  Jefferson  Urban  Transit  company. 


IT 

1. 

Grant— route. 

<F 

2. 

Construction  of  tracks — rails. 

IF 

3. 

Motive  power. 

IF 

4. 

Cable  or  electric  power  construction. 

IF 

5. 

Improvement  and  repair  of  streets. 

IF 

6. 

Removal  of  tracks. 

IF 

7- 

Indemnity. 

IF 

ilA- 

Compensation. 

IF 

8. 

License — heating  cars — running  time. 

IF 

9. 

Indemnity  clause. 

IF 

10. 

Bond — approval. 

IF 

II. 

Subject  to  general  ordinances. 

If 

12. 

Fare — transfers — police,  etc.,  to  ride  free. 

IF  13- 

Consent  of  city  council  required  to  lease,  etc. 

IF  14- 

Compensation. 

IF  15. 

Time  for  completion. 

IF  16. 

When  in  force — acceptance. 

An  ordinance  authorizing  the  Chicago  and  Jefferson  Urban  Transit  company  to 
lay  down,  maintain  and  operate  a double  track  street  railway  in  Monroe 
street,  Morgan  street,  Fulton  street  and  Ashland  avenue.  (Passed  April 
11,  1892.  Accepted  July  9,  1892.) 

If  1.  Grant— route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago  : § 1.  That  in  consideration  of  the  acceptance  hereof 

and  the  undertaking  of  the  Chicago  and  Jefferson  Urban  Transit  Com- 
pany to  comply  with  the  provisions  herein  contained,  consent,  per- 
mission and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate,  for 
the  period  of  twenty  years  from  the  passage  hereof,  a double  track 
street  railway,  with  all  the  necessary  and  convenient  turn-outs  and 
switches,  in,  upon,  over  and  along  Monroe  street,  Morgan  street, 
Fulton  street  and  Ashland  avenue,  commencing  at  the  intersection  of 
Canal  and  Monroe  streets,  running  thence  west  on  Monroe  street  to 
continue  Morgan  street;  thence  north  on  Morgan  street  to'  Fulton 
street;  thence  west  on  Fulton  street  to  Ashland  avenue;  thence  north 
on  and  across  Ashland  avenue  to  Fulton  street;  thence  west  on  said 
Fulton  street  to  Western  avenue,  with  the  right  to  connect  with  other 
street  railroad  tracks.  And  said  company  may  diverge  from  its  main 
line  on  Fulton  street  and  its  tracks  by  commencing  at  a point  on 
the  north  side  of  Fulton  street,  between  the  northwest  corner  of  St. 
John’s  place  and  Fulton  street  and  the  northeast  corner  of  Ashland 
avenue  and  Fulton  street,  and  then  extend  its  tracks  northwesterly 
over  and  upon  any  lands  said  company  may  acquire  by  lease,  pur- 
chase, condemnation  or  otherwise,  between  Ashland  avenue  and  the 
alley  north  of  Ashland  avenue  in  block  fifteen  (15)  in  County  Clerk’s 
division  of  the  south  half  of  block  fifteen  (15)  to  Ashland  avenue; 
thence  across  Ashland  avenue  to  Fulton  street,  as  extended. 

11  2.  Construction  of  tracks— rails.]  § 2.  The  tracks  of  said 


1253 


§ 53  r]  CHICAGO  AND  JEFFERSON  URBAN  TRANSIT  COMPANY. 

railway  shall  not  be  elevated  above  the  surface  of  the  street,  and  shall 
be  laid  with  modern  improved  rails,  and  in  such  a manner  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction,  and  shall  also  be 
laid  as  near  the  center  of  the  street  as  practicable.  Section  2074  of 
the  Laws  and  Ordinances  of  1890  shall  not  apply  to  the  railroad  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor  and  commissioner  of  public  works  and  shall  be  laid  under 
their  direction ; but  a permit  shall  first  be  obtained  from  the  commis- 
sioner of  public  works  before  commencing  work  under  this  ordi- 
nance. 

1[  3.  Motive  power.]  § 3.  The  cars  to  be  used  on  said  railway 
may  be  operated  by  electric  power,  either  by  storage  battery  or  con- 
duit or  such  other  improved  motive  power  as  shall  be  approved  by 
the  commissioner  of  public  works  of  the  city  of  Chicago;  Provided, 
however,  no  overhead'  wires  shall  be  used. 

1 4.  Cable  or  electric  power— construction.]  § 4.  For  the 

purpose  of  operating  said  cars  by  electric  power,  or  by  such  other 
power  as  may  be  approved  by  the  mayor  and  commissioner  of  public 
works,  as  above  provided,  the  said  company  may  make  all  needful 
and  convenient  curves,  trenches,  excavations  and  sewer  connections, 
and  may  place  all  necessary  wires,  cables  and  machinery  in  said  streets, 
and  may  connect  the  same  with  stationary  engine  or  engines,  dynamo 
or  dynamos  or  other  appliances  necessary  to  properly  operate  the  same, 
which  stationary  engine  or  engines,  dynamo  or  dynamos,  or  other 
appliances,  shall  not  be  located  upon  any  street  or  public  place  of  the 
city.  Such  appliances  and  machinery  shall,  with  the  exception  of  the 
storage  batteries,  car  connections  and  car  appliances,  be  underground, 
and  all  shall  be  constructed  in  a substantial  and  workmanlike  manner, 
of  most  approved  method  and  convenience,  and  the  method  and  man- 
ner of  construction  shall  be  satisfactory  to  the  commissioner  of  public 
works  so  as  not  to  interfere  with  public  travel.  In  case  the  said  cars 
shall  be  operated  by  electricity,  or  the  system  of  electric  traction, 
the  contact  and  feed  wires  shall,  where  necessary  for  protection,  be 
securely  insulated  from  their  supports  and  shall  be  securely  fastened, 
and  so  arranged  as  not  to  interfere  with  the  public  use  of  the  streets 
and  sidewalks;  Provided,  however,  that  if  in  the  construction  of  said 
trenches  and  excavations  and  sewer  connections,  or  in  the  laying  or 
running  of  wires  or  cables,  or  placing  of  machinery,  any  damage  or 
injury  shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains, 
then  said  company  shall  be  held  liable  and  shall  pay  therefor.  If,  at 
any  time,  by  reason  of  the  permission  hereby  granted  and  the  making 
of  such  excavations,  trenches  and  sewer  connections  or  the  construc- 
tion or  operation  of  said  road,  under  any  system  of  motive  power, 
any  injury  or  damage  shall  result  to  any  person  or  property,  then  said 
company  shall  be  held  liable  therefor.  All  needful  and  convenient 


1254 


STREET  RAILWAYS. 


connections  with  the  motive  power,  cables  or  engines  shall  be  subject 
to  the  same  restrictions.  The  aperture  opening  into  trenches  herein 
authorized  shall  not  exceed  five-eighths  of  an  inch  in  width.  In  case 
said  road  shall  be  operated  by  electric  power,  or  other  power  herein 
authorized,  said  company  may  operate  not  to  exceed  two  cars  and  one 
motor  or  grip  car  attached  together,  with  a gripman  or  motorman 
in  charge  of  the  grip  or  motor  car,  and  one  conductor  in  charge  of 
each  additional  car. 

1 5.  Improvement  and  repair  of  streets.]  §5.  The  said  com- 
pany, as  to  the  part  of  said  Grand  avenue  in  and  upon  which  its  said 
railway  may  be  laid,  shall  pave  and  keep  sixteen  feet  in  width  in  good 
condition  and  repair,  during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extendi,  in  accordance  with  whatever  order,  ordinance 
or  regulation  may  be  passed  or  adopted  by  the  city  council  in  relation 
to  such  repairing,  and  as  to  the  sections  of  its  proposed  line  that  are 
paved  on  and  along  which  its  tracks  shall  be  laid,  being  Monroe,  Mor- 
gan and  Fulton  streets,  said  company  shall  likewise  at  all  times  keep 
the  roadtway  of  said  streets  in  repair  from  curb  to  curt>;  and  when  any 
new  improvement  shall  be  ordered  by  the  city  council  of  the  said 
streets,  or  either  of  them,  upon  or  over  or  along  which  its  roadways 
be  constructed,  or  the  said  railway  company  shall,  in  the  manner  which 
may  be  required  of  the  owners  of  the  property  fronting  on  said  part 
of  said  streets,  or  either  of  them,  make  such  new  improvements  for  the 
width  of  sixteen  feet,  and  if  the  company  shall  refuse  or  fail  to  do  so, 
the  same  may  be  done  by  the  city  and  the  company  shall  be  liable  for 
the  cost  thereof. 

1"  6.  Removal  of  tracks.]  § 6.  When  the  rights  of  said  railway 
company  to  operate  its  railway  on  said  part  of  said  streets  shall  cease 
and  determine,  said  company  shall  remove  the  tracks  from  the  said 
part  of  said  streets  and  put  the  said  part  of  the  said  streets  from  which 
said  tracks  shall  be  removed  in  as  good  condition  as  the  adjacent  parts 
of  said  streets. 

1”  7.  Indemnity.]  § 7.  The  said  Chicago  and  Jefferson  Urban 
Transit  Company  shall  pay  all  damages  to  the  owners  of  property 
abutting  on  the  said  part  of  said  streets  upon  or  over  which  its  road 
may  be  constructed,  which  said  owners  may  sustain  by  reason  of  the 
location  or  construction  of  said  road. 

IT  7>^.  Compensation.]  § Jl/2.  This  ordinance  is  granted  and 
given  upon  the  condition  that  said  company  shall  pay  into  the  city 
treasury  the  sum  of  seven  thousand  one  hundred  and  forty-three 
(7,143)  dollars  for  each  and  every  mile  of  said  route  so  granted  by 
said  city,  payable  as  follows:  One-fifth  (1-5)  of  said  amount  when 

this  ordinance  shall  have  been  passed  by  the  city  council  and  approved 
by  the  mayor,  and  one-twentieth  (1-20)  of  the  balance  annually  on  or 
before  the  first  day  of  June  of  each  year  until  said  sum  of  seven  thou- 
sand one  hundred  and  forty-three  (7,143)  dollars  for  each  mile  shall 


§ 5 3 1 ] CHICAGO  AND  JEFFERSON  URBAN  TRANSIT  COMPANY.  1255 

have  been  entirely  paid,  and  in  case  said1  payments  are  not  so  made 
as  aforesaid,  the  ordinance  hereby  granted,  with  all  its  privileges,  shall 
be  subject  to  forfeiture  on  the  part  of  said  company. 

1 8.  License — heating  cars— running  time.]  § 8.  The  said 
Chicago  and  Jefferson  Urban  Transit  Company  shall  pay  into  the 
city  treasury  of  the  city  of  Chicago,  for  the  use  of  said  city,  the  sum 
of  fifty  dollars  as  an  annual  license  fee  for  each  and  every  car  used 
by  the  said  company  on  said  line  herein  authorized,  in  the  following 
manner:  In  computing  the  number  of  cars  upon  which  said  license 

charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is  used 
in  the  transportation  of  passengers,  shall  be  taken  as  equivalent  to 
one  day’s  use  of  one  car;  one-thirteenth  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter, 
such  quotient  shall  be  the  number  of  cars  subject  to  such  license  fee. 
The  president  or  other  chief  officer  of  said  company  shall,  under  oath, 
make  report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of 
the  whole  number  of  cars  so  run  by  said  company,  and  at  the  same 
time  pay  to  said  comptroller  twelve  dollars  and  one-half  ($12.50) 
for  each  car,  to  be  ascertained  as  above  prescribed  in  this  section.  The 
first  quarter  shall  begin  upon  the  first  day  upon  which  said  company 
shall  run  a car  or  cars  for  the  carriage  of  passengers.  The  cars  to  be 
used  on  said  railway  shall  be  constructed  with  all  the  latest  improve- 
ments for  the  comfort  and  convenience  of  passengers  and  shall  be 
used  for  no  other  purpose  than  to  carry  passengers  and  their  ordinary 
packages.  They  shall  be  provided  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus,  of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  in  said  car  and  heating  the  same,  and  the 
said  apparatus  shall  be  operated  at  such  time,  during  the  months  afore- 
said, as  the  nature  of  the  weather  and  degree  of  temperature  shall 
require  and  on  all  cars,  both  day  and  night.  There  shall  be  operated 
at  all  times,  upon  said  line,  a sufficient  number  of  cars  to  be  run  upon 
such  schedule  time  as  will  reasonably  and  properly  accommodate  the 
necessities  of  the  public,  and  the  city  council  shall  have  the  power,  at 
all  times,  to  make  such  regulations  as  to  the  time  of  running  and  rate 
of  speed  of  said  cars  on  said  line  as  the  public  convenience  and  safety 
may  require. 

If  9.  Indemnity  clause.]  § 9.  The  company  shall  forever  in- 
demnify and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges 
hereby  granted,  or  from  any  act  or  acts  of  said  company,  its  servants 
or  agents  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

T 10.  Bond— approval.]  § 10.  The  Chicago  and  Jefferson  Ur- 
ban Transit  Company  shall  execute  to  the  city  of  Chicago  a good  and 


1256 


STREET  RAILWAYS. 


[§  531 


sufficient  bond1  in  the  penal  sum  of  ten  thousand  (10,000)  dollars,  to 
be  approved  by  the  mayor,  conditioned  for  the  faithful  observance 
and  performance  of  the  provisions  and  conditions  of  this  ordinance  on 
its  part  to  be  observed  and  performed,  as  aforesaid. 

T 11.  Subject  to  general  ordinances.]  § 11.  The  franchises 
granted  by  this  ordinance  are  so  granted1  subject  to  any  and  all  the 
general  ordinances  of  the  city  of  Chicago  concerning  street  railroads 
now  in  force  or  which  may  hereafter  be  passed  by  said  city,  so  far  as 
applicable  thereto. 

112.  Fare— transfers — police,  etc.,  to  ride  free.]  § 12.  The  rate 
of  fare  to  be  charged  on  the  line  hereby  authorized  shall  not  exceed 
five  cents  for  one  continuous  ride  of  one  trip  for  any  distance  within 
the  city  limits;  Provided,  that  said  company  shall  provide  and  furnish 
free  of  charge  to  passengers,  who  have  paid  fare  upon  said  line,  trans- 
fer tickets  to  a point  or  points,  which  may  be  agreed  upon  by  the 
mayor  and  commissioner  of  public  works  and  said  company,  permit- 
ting such  passengers'  to  ride  upon  the  street  railway  line  or  lines  owned, 
leased,  controlled  or  operated  by  said  company  which  intersect  the  line 
hereby  authorized  at  the  points  so  designated.  And  in  case  said 
company  and  the  mayor  and  the  commissioner  of  public  works  shall 
fail  to  agree  upon  the  points  at  which  transfer  tickets  shall  be  issued, 
then  the  city  council  shall  have  the  right  to  designate  such  points  of 
transfer.  And  provided,  further,  no  fare  shall  be  charged  for  police- 
men, firemen  and  U.  S.  mail  carriers  in  uniform. 

If  13.  Consent  of  city  council  required  to  lease,  etc.]  § 13. 
The  rights,  privileges  and  franchises  hereby  granted  are  upon  the 
further  express  condition  and  stipulation  that  the  said  Chicago  and 
Jefferson  Urban  Transit  Company  shall  not  lease,  rent  or  grant  to  any 
other  street  railroad  company  or  corporation  the  right  to  use  or  oc- 
cupy any  portion  of  the  tracks  laid  down  under  the  provisions  of  this 
ordinance,  without  first  obtaining  the  consent  of  the  city  council. 

1 14.  Compensation.]  § 14.  The  rights,  privileges  and  fran- 
chises herein  conferred  are  granted  upon  the  further  condition  and 
consideration  that  on  or  after  December  1,  1894,  the  said  company  or 
their  legal  assigns,  or  any  person,  firm,  company  or  corporation  in 
any  way  claiming  under  or  through  them,  or  operating  the  road  herein 
authorized,  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
annually,  for  each  and  every  lineal  mile  of  their  track  laid  under  the 
provisions  of  this  ordinance  and  a proportionate  amount  for  any  frac- 
tion of  a mile  laid,  as  hefein  authorized,  such  sum  as  shall  be  taxed 
uniformly  on  all  other  companies  owning  or  operating  street  railways 
within  the  city  of  Chicago.  The  payments  under  the  conditions  herein 
prescribed  shall  be  due  and  payable  on  the  first  day  of  December  of 
each  year  and  the  first  payment  due,  as  herein  provided,  to  be  made 
on  the  first  day  of  December,  1895. 

T 15.  Time  for  completion.]  § 15.  Two  miles  of  the  track 


1257 


§ 532]  CHICAGO  AND  JEFFERSON  URBAN  TRANSIT  COMPANY. 

hereby  authorized  shall  be  laid  on  or  before  December  i,  1892,  and 
the  entire  line  shall  be  laid  on  or  before  May  1,  1893;  and  if  said  com- 
pany shall  fail  to  complete  said  tracks  within  said  time,  the  rights  and 
privileges  hereby  granted  shall  cease  and  determine;  Provided,  that 
if  said  company  shall  be  restrained- or  prevented  from  proceeding 
with  the  work  upon  said  railway  tracks  by  the  order  or  writ  of  any 
court  of  competent  jurisdiction,  the  time  during  which  said  company- 
may  be  so  delayed  shall  be  added  to  the  time  herein  prescribed  for 
the  completion  of  said  railway  tracks.  The  city  shall,  however,  have 
the  right  to  intervene  in  any  suit  for  an  injunction  to  restrain  the  said 
company,  as  aforesaid,  and  move  for  the  dissolution  of  the  injunction 
in  case  said  suit  shall  be  deemed1  collusive,  or  for  the  purpose  of  delay 
or  of  extending  the  time  for  the  completion  of  said  tracks. 

If  16.  When  in  force — acceptance.]  § 16.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and  approval 
by  the  mayor  and  the  fifing  of  the  bond  and  acceptance  as  herein 
prescribed;  Provided,  however,  that  if  said  acceptance  and  bond  shall 
not  be  filed,  as  aforesaid,  within  ninety  days  of  the  passage  hereof, 
then  all  rights  and  privileges  herein  granted  to  said  Chicago  and 
Jefferson  Urban  Transit  Company  shall  be  void  and  of  no  effect. 

Note. — See  following  amendatory  ordinance. 

§ 532.  Chicago  and  Jefferson  Urban  Transit  company. 

1.  Amending  sections  3 and  4 of  the  foregoing  ordinance. 

% 2.  When  in  force — time  of  completion. 

«f[  3.  Sections  3 and  4 as  amended. 

An  ordinance  amending  an  ordinance  passed  April  11,  1892,  granting  certain 

rights  to  the  Chicago  and  Jefferson  Urban  Transit  company.  (Passed 

February  18,  1895.  Accepted  February  28,  1895.) 

T 1.  Amending  sections  3 and  4 of  the  foregoing  ordi- 
nance.] Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  sections  3 and  4 of  an  ordinance  passed  by  the  city  council 
of  the  city  of  Chicago  April  11,  1892,  authorizing  and  empowering  the 
Chicago  and  Jefferson  Urban  Transit  Company  to  construct,  maintain 
and  operate  a street  railroad,  in  upon,  over  and  along  Monroe  street, 
Morgan  street,  Fulton  street  and  Ashland  avenue,  in  the  city  of  Chi- 
cago, be,  and  said  sections  3 and  4 are  hereby,  amended  by  striking 
out  the  whole  of  said  sections  3 and  4,  and  inserting  in  lieu  thereof  the 
following,  that  is  to  say: 

1 2.  Sections  3 and  4 as  amended.]  § 3.  The  cars  to  be 
used  on  said  railway  may  be  operated  by  electric  power  or  other  im- 
proved motive  power,  as  shall  be  approved  by  the  commissioner  of 
public  works  of  the  city  of  Chicago.  If  electric  power  shall  be  used, 
by  means  of  overhead  contact  wires,  said  electric  power  shall  be  in- 
stalled, constructed,  maintained  and  operated  in  the  same  manner  as 
is  provided  in  the  ordinance  granting  to  the  West  Chicago  Street  Rail- 
road Company  and  North  Chicago  Street  Railroad  Company  the  right 


1258 


STREET  RAILWAYS. 


to  use  electric  power,  passed  March  21,  1892,  as  amended  by  ordinance 
passed  April  30,  1894,  and  subject  to  the  same  limiations  and  restric- 
tions.” 

1 3.  When  in  force  -time  of  completion.]  § 4-  This  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  its  passage;  and 
all  work  rendered  necessary  by  this  ordinance  shall  be  done,  and  said 
railroad  be  fully  completed,  on  or  before  January  1,  1896.” 

§ 533-  Chicago  and  Jefferson  Urban  Transit  company. 


nr 

1. 

Grant. 

IT 

2. 

Route. 

nr 

3- 

Construction  of  tracks — rails. 

nr 

4. 

Improvement  and  repair  of  streets. 

nr 

5. 

Time  for  completion. 

nr 

6. 

Motive  power — approval. 

nr 

7- 

Excavations — damages. 

nr 

8. 

Style  of  cars — use— heating. 

nr 

9* 

Rate  of  fare — transfers. 

nr 

10. 

Indemnity  clause. 

nr 

11. 

License  fee. 

nr 

12. 

Bond. 

nr 

13* 

Grant  20  years. 

m 

14. 

When  in  force — acceptance. 

An  ordinance  authorizing  the  Chicago  and  Jefferson  Urban  Transit  company  to 
lay  down,  maintain  and  operate  a single  or  double  track  street  railroad  in 
certain  streets  in  the  city  of  Chicago.  (Passed  July  14,  1892.  Accepted 
September  8,  1892.) 

T 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That,  in  consideration  of  the  acceptance  hereof  and 

the  undertaking  of  the  Chicago  and  Jefferson  Urban  Transit  Com- 
pany to  comply  with  the  provisions  hereinafter  contained,  permission 
and  authority  are  hereby  granted  and  duly  vested  in  said  Chicago  and 
Jefferson  Urban  Transit  Company,  its  successors  and  assigns,  to  lay 
down,  maintain  and  operate  a single  or  double  track  street  railroad, 
will  all  necessary  and  convenient  turnouts,  side  tracks  and  switches, 
in  and  along  the  course  of  certain  streets  in  the  city  of  Chicago,  here- 
inafter mentioned,  and  to  connect  at  any  and  all  street  intersections 
any  track  or  tracks  hereby  authorized  to  be  laid  with  the  track  or 
tracks  of  any  railroad  owned,  leased  or  operated  by  said  company,  and, 
with  the  right  to  connect  with  other  street  railway  companies  and  to 
operate  upon  said  street  railroads  hereby  authorized  railway  cars  and 
carriages,  in  the  manner  and  for  the  time  and  upon  the  conditions 
hereinafter  prescribed. 

If  2.  Route.]  § 2.  “The  said  Chicago  & Jefferson  Urban  Tran- 
sit Company  is  hereby  authorized  to  lay  a double  track  street  railroad 
in  and  along  the  following  streets:  Fulton  street  between  Western 

avenue  and  Kedzie  avenue;  also  on  Kedzie  avenue,  between  Fulton 
street  and  North  avenue;  also  on  Chicago  avenue,  between  Kedzie 
avenue  and  Crawford  avenue;  also  on  Crawford  avenue,  between 


§ 533]  CHICAGO  AND  JEFFERSON  URBAN  TRANSIT  COMPANY.  1259 

Chicago  avenue  and  Grand  avenue;  also  on  Grand  avenue,  between 
Crawford  avenue  and  the  junction  of  said  Grand  avenue  and  Armitage 
avenue. 

1 3.  Construction  of  track — rails.]  § 3.  The  tracks  of  said 

railway  shall  [not]  be  elevated  above  the  surface  of  the  street  and  shall 
be  constructed  with  modern  improved  rails  and  so  laid  that  vehicles 
may  freely  and  safely  cross  the  said  tracks;  and  when  two  tracks  are 
laid  in  the  said  street,  the  said  tracks  shall  be  laid  parallel  as  near  as 
practicable.  Section  1509  of  the  municipal  code  of  Chicago,  of  1881, 
shall  not  apply  to  the  railroad  tracks  herein  authorized. 

1 4.  Improvement  and  repair  of  streets.]  § 4.  The  said 
company,  as  to  the  part  of  said  street  in  and  upon  which  its  said  several 
railways  shall  be  laid,  shall  keep  eight  feet  in  width  where  a single 
track  shall  be  laid,  and  sixteen  feet  in  width  where  a double  track  shall 
be  laid,  in  good  condition  and  repair,  during  all  of  the  time  to  which 
the  privileges  hereby  granted  shall  extend,  in  accordance  with  such 
ordinances  or  regulations  as  shall  be  passed  or  adopted  by  the  city 
council  in  relation  to  such  repairing  and,  when  any  new  improvement 
shall  be  ordered  by  the  city  council  of  said  part  of  said  street,  the  said 
railway  company  shall,  in  the  manner  which  may  be  required  of  the 
owners  of  property  fronting  on  the  said  part  of  said  street,  make  such 
new  improvement  for  the  width  of  eight  feet  where  a single  track  shall 
be  laid,  and  of  sixteen  feet  where  a double  track  shall  be  laid,  and,  if 
said  company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by 
the  city  and  the  company  shall  be  liable  to  the  city  for  the  cost  there- 
of; Provided,  however,  that  said  company  shall  pay  the  owner  or  own- 
ers of  property  abutting  on  streets  where  such  tracks  shall  be  laid,  the 
cost  of  the  improvement  of  eight  feet  in  width  where  a single  track 
shall  be  laid  and  sixteen  feet  in  width  where  a double  track  shall  be 
laid,  on  all  such  streets  that  have  been  improved  within  the  past  year. 

IT  5.  Time  for  completion.]  § 5.  The  several  railways  hereby 
authorized  shall  be  completed  within  twelve  months  after  the  passage 
of  this  ordinance,  not  counting  the  months  of  December,  January, 
February  and  March;  Provided,  however,  that  the  tracks  hereby  au- 
thorized to  be  laid  shall  be  laid  in  the  unimproved  streets  within  six 
months  after  the  sewer  and  water  pipes  and  their  connections  shall 
have  been  laid  in  such  unimproved  streets  and,  at  the  same  time,  when 
the  paving  shall  be  done  in  every  such  unimproved  street;  and  pro- 
vided, further,  that  if  said  company  shall  be  delayed  by  the  or- 
der or  injunction  of  any  court,  the  time  of  such  delay  shall  be  deducted 
from  the  time  above  prescribed. 

1 6.  Motive  power  approval.]  § 6.  The  cars  to  be  used  up- 
on the  tracks  hereby  authorized,  may  be  operated  with  animal  power 
or  cable  or  electric  power,  or  with  such  other  practically  noiseless  mo- 
tor or  power  as  shall  be  approved  by  the  mayor  and  commissioner  of 
public  works. 


1260 


STREET  RAILWAYS. 


[§  533 


1 7.  Excavations— damages.]  § 7.  Wihen  said  cars  shall  be 
operated  by  cable  or  electric  power,  said  company  may  make  all  need- 
ful and  convenient  curves,  trenches,  excavations  and  sewer  connec- 
tions and  may  place  all  needful  and  convenient  cables,  wires  and  con- 
ductors for  the  transmission  of  electricity  and  machinery  in  said  street; 
such  cables,  wires  and  conductors  and  machinery  to  be  constructed  in 
a substantial  and  workmanlike  manner,  and  under  the  supervision  of 
the  commissioner  of  public  works,  so  as  not  to  interfere  with  the  pub- 
lic travel;  Provided,  that  if  in  the  construction  of  said  trenches  and 
excavation  any  damage  or  injury  shall  result  to  any  of  the  sewers, 
water  pipes  or  private  drains,  then,  said  company  shall  be  held  liable 
and  pay  therefor.  If,  at  any  time,  by  reason  of  the  permission  hereby 
granted  and  the  making  of  such  trenches  and  the  running  of  such  ca- 
bles, wires  and  conductors  or  the  construction  or  operation  of  said 
road  under  any  system  of  motive  power,  any  injury  or  damage  shall 
result  to  any  person  or  property,  then  said  company  shall  be  liable 
therefor.  All  needful  and  convenient  connections  with  the  motive 
power  or  engines  shall  be  subject  to  the  same  restrictions. 

The  aperture  opening  in  to  said  trenches  where  cable  power  is  used 
shall  not  exceed  five-eighths  of  an  inch  in  width  and,  in  case  said  road 
shall  be  operated  by  cable  or  electric  power,  said  company  may  oper- 
ate not  exceeding  three  cars  and  one  grip  car  attached  together,  with 
one  conductor  in  charge  of  each  car. 

T 8.  Style  of  cars — use — heating.]  § 8.  The  cars  to  be 

used  on  said  several  railways  shall  be  of  the  best  style  and  class  now 
in  use;  and,  they  shall  not  be  used  for  any  purpose  other  than  to  trans- 
port passengers  and  their  ordinary  baggage,  and  shall  be  provided 
during  the  months  of  November,  December,  January,  February  and 
March  of  each  year  with  heating  apparatus,  of  a kind  and  nature  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  car  and 
heating  the  same;  and  the  said  apparatus  shall  be  operated  at  such 
times  during  the  said  months  aforesaid  as  the  nature  of  the  weather 
and  degree  of  temperature  shall  require. 

T 9.  Rate  of  fare— transfers.]  § 9.  The  rate  of  fare  for  any 
continuous  ride  on  the  same  car  shall  not  exceed  five  cents  for  each 
passenger,  except  when  the  cars  or  carriages  shall  be  chartered  for 
special  purposes ; and  transfers  shall  be  given  on  all  east  and  west  lines 
with  such  connecting  or  cross  lines  owned  and  operated  by  said  com- 
pany, at  such  points  as  shall  be  agreed  upon  between  the  mayor  and 
the  said  company. 

1 10.  Indemnity  clause.]  § 10.  The  said  company  shall  for- 
ever indemnify  and  keep  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and  ex- 
penses of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or 
obtained  against  the  said  city,  for  or  by  reason  of  or  growing  out  of 


CHICAGO  AND  JEFFERSON  URBAN  TRANSIT  COMPANY. 


1261 


or  resulting  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  die  provisions  of  this  ordinance. 

If  11.  License  fee.]  § n.  The  said  Chicago  and  Jefferson 
Urban  Transit  Company  shall  pay  into  the  city  treasury  of  the  city  of 
Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  (50)  dollars,  as  an 
annual  license  fee  for  each  and  every  car  used  by  said  company  in  the 
manner  following:  In  computing  the  number  of  cars  upon  which  said 
license  charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is 
used  in  the  transportation  of  passengers,  shall  be  taken  as  equivalent 
to  one  day’s  use  of  one  car;  one-thirteenth  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter, 
such  quotient  shall  be  the  number  of  cars  subject  to  the  license  fee; 
Provided,  however,  that  such  cars  shall  not  already  be  liable  for  the 
payment  of  a license  fee  on  one  of  the  other  lines  of  this  company  or 
its  connections.  The  president  or  other  chief  officer  of  said  company 
shall,  under  oath,  make  report  quarter-yearly  to  the  comptroller  of  the 
city  of  Chicago  of  the  whole  number  of  cars  so  run  by  said  company 
and,  at  the  same  time,  pay  to  said  comptroller  twelve  dollars  and  a 
half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed  in  this 
section.  The  first  quarter  shall  begin  on  the  first  day  upon  which  said 
company  shall  run  a car  or  cars  on  said  several  railways  for  the  car- 
riage of  passengers. 

If  12.  Bond.]  § 12.  The  said  Chicago  and  Jefferson  Urban 
Transit  Company  shall  execute  to  the  city  of  Chicago  a good  and  suffi- 
cient bond  in  the  penal  sum  of  ten  thousand  (10,000)  dollars,  to  be 
approved  by  the  mayor,  conditioned  for  the  faithful  observance  and 
performance  of  the  conditions  and  provisions  of  this  ordinance  on  its 
part  to  be  performed  and  observed. 

H 13.  Grant  twenty  years.]  § 13.  All  of  the  rights  and  priv- 
ileges hereby  granted  to  and  conferred  upon  the  said  Chicago  and 
Jefferson  Urban  Transit  Company,  its  successors  and  assigns,  or  in- 
tended so  to  be,  shall  continue  and  be  in  force  for  the  full  term  and 
period  of  twenty  years  from  and  after  the  passage  of  this  ordinance. 

1 14.  When  in  force— acceptance.]  § 14.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage  and  filing 
of  the  bond  aforesaid  and  acceptance  by  said  company;  Provided, 
however,  that  if  said  bond  and  acceptance  by  said  company  shall  not 
be  filed  with  the  city  clerk,  within  ninety  days  after  the  passage  hereof 
then  all  of  the  rights  and  privileges  herein  granted  shall  be  void  and  of 
no  effect. 


STREET  RAILWAYS. 


1262 


[§  534 


CHICAGO  NORTH  SHORE  STREET  RAILWAY  COM- 
PANY. 

(Successors  to  the  Chicago  and  Evanston  Electric  Railway  company.) 

§ 534.  Chicago  North  Shore  Street  Railway  company. 


11 

1. 

Grant — route — term  20  years. 

IT 

2. 

Tracks — how  laid,  etc. 

3- 

Trolley  wires,  poles,  etc. 

IT 

4- 

Animal  power  prohibited. 

IT 

5- 

Passenger  service. 

IT 

6. 

Rate  of  fare. 

IT 

7- 

Transfer  of  line  to  work  a forfeiture. 

IT 

8. 

Restoration  of  streets. 

IT 

9- 

Improvement  and  repair  of  streets. 

IT 

10. 

Rights  reserved. 

IT  n. 

Time  of  completion. 

IT 

12. 

Indemnity  clause — acceptance. 

IT 

13. 

License  fee. 

IT  14. 

Bond  of  indemnity. 

IT  15. 

When  in  force. 

An  ordinance  authorizing  the  Chicago  and  Evanston  Electric  Railway  company 

to  construct  and  operate  a street  railway  on  Evanston  avenue  and  Church 

street.  (Passed  April  11,  1892.  Accepted  May  3,  1892.) 

T 1.  Grant — route — term,  20  years.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § i.  That  in  consideration  of  the  ac- 
ceptance hereof  and  the  undertaking  of  the  Chicago  & Evanston 
Electric  Railway  Company  to  comply  with  the  provisions  herein  con- 
tained, consent,  permission  and  authority  are  hereby  granted  to  said 
company,  its  successors  and  assigns,  to  lay  down,  construct,  maintain 
and  operate,  for  the  period  of  twenty  years  from  the  passage  hereof,  a 
double  track  street  railway,  with  all  necessary  and  convenient  turn- 
outs, side-tracks,  turn-tables  and  switches  and  with  the  right  to  con- 
nect with  other  street  railway  tracks,  owner  or  operated  by  said  com- 
pany, in,  upon,  over  and  along  the  following  streets:  Commencing 

at  the  intersection  of  Clark  street  and  Lawrence  avenue,  thence  east- 
erly and  along  and  upon  said  Lawrence  avenue  to  Evanston  avenue, 
thence  northerly  and  along  and  upon  said  Evanston  avenue  to  Church 
(or  the  city  limits)  street.  Also  to  lay  down,  construct,  maintain  and 
operate  a single  track  street  railway  upon  and  along  that  portion  of 
said  Church  street,  between  Evanston  avenue  aforesaid  and  Clark 
street,  within  the  limits  of  the  city  of  Chicago,  together  with  all  the 
necessary  turn-outs,  turn-tables,  side-tracks  and  switches  aforesaid  and 
with  the  right  to  connect  with  the  other  street  railway  tracks  owned 
and  operated  by  said1  company. 

U 2.  Tracks — how  laid,  etc.]  § 2.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street  and  shall  be  laid 
with  modern  improved  rails  and  in  such  manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same,  at  all  points  and 
in  all  directions,  without  obstruction,  and  shall  be  also  laid  as  near  to 
the  center  of  said  streets  as  practicable.  Section  1509  of  the  Municipal 


§ 534]  CHICAGO  NORTH  SHORE  STREET  RAILWAY  COMPANY.  1263 

Code  of  Chicago  of  1881  shall  not  apply  to  the  railway  tracks  herein 
authorized;  but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor 
and  commissioner  of  public  works  and  shall  be  laid  under  their  direc- 
tion, but  a permit  shall  be  first  obtained'  from  the  commissioner  of 
public  works  before  commencing  work  under  this  ordinance. 

If  3.  Trolley  wires,  poles,  etc.]  § 3.  The  cars  upon  said  rail- 
way shall  be  propelled  by  electric  overhead  contact  wires,  suspended 
from  iron  or  steel  poles  set  within  the  curb  line  limit  of  the  street  on 
either  side  thereof.  Provided,  however,  that  along  that  portion  of 
Evanston  avenue  lying  between  Sulzef  and  Church  streets  the  said 
company,  its  successors  or  assigns,  shall  have  the  right,  with  the  con- 
sent of  the  mayor  and  commissioner  of  public  works,  to  place,  instead 
of  the  two  poles  set  within  the  curb  on  each  side  of  the  street  iron  or 
steel  center  poles  and  suspend  the  said  wires  from  cross-arms  thereon ; 
said  poles  to  be  set  as  nearly  as  practicable  along  the  center  of  the 
street.  All  poles  shall  be  so  set  and  adjusted  as  to  obstruct  the  public 
use  of  the  streets  or  sidewalks  as  little  as  possible.  The  said  wires 
shall  be  suspended  not  less  than  eighteen  and  one-half  feet  above  the 
rails,  and  the  said  poles  and  supports  shall  be  placed  on  an  average 
of  not  less  than  one  hundred  and  fifteen  feet  apart,  except  at  the 
intersection  of  streets  and  avenues  when  the  said  distance  will  place 
the  poles  or  supports  on  intersecting  streets  and  avenues;  Provided, 
that  no  trolley  overhead  wire  shall  be  used,  except  upon  the  consent 
and  approval  of  and  conditions  imposed  by  the  mayor  and  commis- 
sioner of  public  works;  and  in  the  event  that  some  more  favorable 
and  practical  method  of  furnishing  electricity  or  other  motive  power 
for  the  operation  of  said  road  be  discovered,  said  company,  its  suc- 
cessors or  assigns,  shall  have  the  right,  subject  to  the  approval  of  the 
mayor  and  commissioner  of  public  works,  to  adopt  the  same  in  the 
place  or  in  connection  with  the  use  of  said  electricaf  overhead  con- 
tact wires.  Said  company  shall  allow  the  city  to  use  its  poles  for 
the  suspension  of  its  wires  and  electric  lights  thereon,  but  such  use 
shall  not  interfere  with  their  use  by  said  company. 

If  4.  Animal  power  prohibited.]  § 4.  Said  company,  its  suc- 
cessors or  assigns,  shall  not  operate  said  railway  by  animal  power, 
except  in  case  of  accident  to  machinery  making  it  necessary;  said  cars 
may  be  so  propelled  for  a period  not  exceeding  thirty  days  for  any  one 
accident  and  to  enable  the  said  road  to  be  operated.  The  said  com- 
pany, its  successors  or  assigns,  shall  have  the  right  to  connect  the 
wires  herein  authorized  with  the  generator  or  power  station  or  any 
station  or  car  houses  that  may  be  erected  along  the  line  of  said  rail- 
way. 

1 5.  Passenger  service.]  § 5.  The  cars  or  carriages  to  be  used 
on  such  railway  shall  be  used  for  no  other  purpose  than  to  carry  pas- 
sengers and  their  ordinary  baggage. 

6.  Rate  of  fare.]  § 6.  The  rate  of  fare  for  any  continuous 


1264 


STREET  RAILWAYS. 


[§  534 


and  regular  trip  from  one  point  to  another  on  the  line  of  said  railway, 
or  upon  any  connecting  line  thereof  running  northerly  in  the  town- 
ship of  Evanston,  shall  not  exceed  five  (5)  cents  for  each  passage. 

7.  Transfer  of  line  to  work  a forfeiture.]  § 7-  If  said  t*10 
Chicago  and  Evanston  Electric  Railway  Company,  its  successors  or 
assigns,  shall  sell  or  lease  the  line  or  lines  herein  provided  for  to  the 
North  Chicago  City  Railway  Company  or  the  North  Chicago  Street 
Railroad  Company,  or  their  successors  or  assigns,  the  city  of  Chicago 
shall  have  a right  to  declare  all  the  rights  herein  granted  forfeited,  and 
compel  the  said'  the  Chicago  and  Evanston  Electric  Railway  Company, 
or  its  successors  or  assigns,  to>  remove  all  tracks  laid  down  hereunder 
from  the  streets  aforesaid);  Provided,  however,  that  if  such  lease  or 
sale  shall  provide  for  the  carrying  of  passengers  over  the  line  or  lines 
so  leased  or  sold,  and  those  of  the  company  to  whom  the  same  are 
leased  or  sold,  for  one  fare  of  five  cents  for  each  passenger  for  a con- 
tinuous trip  from  one  point  to  another  within  the  present  limits 
of  the  city  of  Chicago,  then  the  rights  granted  under  this  ordinance 
shall  not  be  forfeited  by  such  lease  or  sale,  but  shall  remain  in  full 
force  and  effect. 

1"  8.  Restoration  of  streets.]  § 8.  The  said  the  Chicago  and 
Evanston  Electric  Railway  Company,  its  successors  or  assigns,  shall 
do  no  permanent  injury  to  any  street,  sidewalk,  alley  or  avenue,  nor 
interfere  with  any  water  pipe,  sewer  or  gas  pipe  now  laid  or  here- 
after to  be  laid  by  said  city  of  Chicago;  but  in  the  construction  of  the 
said  railway  shall  restore  the  streets,  pavements,  sidewalks  or  grounds, 
or  water  pipes,  sewer  or  gas  pipe  to  a condition  equally  as  good  as 
before  the  laying  of  said  railway,  at  the  expense  of  said  company, 
and  if  it,  or  its  successors  or  assigns,  as  the  case  may  be,  shall  fail 
or  refuse  so  to  do,  the  same  may  be  done  by  the  city  of  Chicago  and 
it  or  they,  as  the  case  may  be,  shall  be  liable  for  the  cost  thereof. 

1"  9.  Improvement  and  repair  of  streets.]  § 9.  The  said  com- 
pany, its  successors  or  assigns,  as  respects  the  grading,  paving  macad- 
amizing, planking  and  repairing  or  using  of  the  aforesaid  streets  and 
avenues  shall,  at  its  own  cost  and  expense,  keep  sixteen  feet,  where 
double  tracks  are  laid,  and  eight  feet,  where  single  tracks  are  laid, 
in  good  repair  and  condition  during  all  the  time  to  which  the  privi- 
leges hereby  granted  shall  extend,  in  accordance  with  the  orders  and 
regulations  of  the  commissioner  of  public  works  of  said  city.  Wherever 
any  street  shall  be  paved  at  the  time  the  said  company  may  lay  its 
tracks  thereon  the  said  company  shall  pay  back  to  the  abutting  prop- 
erty owners  the  value  of  the  pavement  on  the  portions  of  such  streets 
which  it  is  hereby  required  to  pave  and  keep  in  repair,  such  value  to 
be  fixed  by  the  commissioner  of  public  works,  and  in  no  case  to 
exceed1  the  cost  of  such  portions  of  pavement;  and  in  laying  its  tracks 
upon  paved  streets  the  said  company  shall  leave  the  pavement  in  as 
good  condition  after  its  tracks  are  laid  as  it  was  before.  And  when 


CHICAGO  NORTH  SHORE  STREET  RAILWAY  COMPANY. 


1265 


any  new  improvements  of  any  character  shall  be  ordered  by  the  city 
council  of  said  city  said  street  railway  company,  its  successors  and 
assigns,  at  its  own  cost  and  expense  shall,  in  the  manner  required 
by  the  city  authorities,  make  such  improvement  for  the  width  of  sixteen 
feet  and  eight  feet  aforesaid,  said  sixteen  and  eight  feet  to  include  the 
said  tracks  as  laid  in  said  streets  and  avenues;  and  if  the  said  street 
railway  company,  its  successors  or  assigns,  shall  neglect  or  fail  to 
make  any  repairs  or  improvements  as  aforesaid,  for  the  space  of  twenty 
days  after  notice  so  to  do  from  the  superintendent  of  public  works  or 
other  proper  officer  of  said  city,  to  any  officer,  agent  or  employe  of 
said  company,  or  its  successors  or  assigns,  then  and  in  such  case 
the  city  may,  at  its  option,  do  the  same  at  the  cost  of  and  expense  of 
said  company. 

If  10.  Rights  reserved.]  § io.  Nothing  herein  contained  shall 
impair  or  abridge  the  right  of  the  city  to  dig  up  or  open  said  streets 
and  avenues,  or  any  portion  thereof,  and  to  temporarily  remove  said 
tracks  and  roadbed  for  the  purpose  of  laying  sewers  or  water  pipes 
or  making  any  similar  improvements  or  of  repairing  the  same. 

If  11.  Time  of  completion.]  § n.  The  tracks  authorized  to 
be  constructed,  by  this  ordinance,  shall  be  laid  and  completed  on  all 
the  above  mentioned  streets  and  said1  railway  shall  be  in  full  operation 
upon  said  streets  within  the  period  of  one  year  after  the  passage  of 
this  ordinance;  and  all  the  rights  and  privileges  herein  granted  shall, 
at  the  expiration  of  said  period,  revert  to  the  said  city  of  Chicago  as  to 
all  streets  and  parts  of  streets  which,  at  the  expiration  of  said  period, 
shall  not  be  occupied  by  said  railway  tracks  with  the  said  railway 
thereon  in  full  operation:  Provided,  that  if  the  said  company  shall 

be  restrained  or  prevented  from  proceeding  with  the  work  upon  said 
railway  tracks  or  railway  by  the  order  or  writ  of  any  court  of  com- 
petent jurisdiction  the  time  which  said  company  shall  be  so  delayed 
shall  be  added  to  the  time  herein  prescribed  for  the  completion  of 
said  railway  tracks  and  the  operation  of  said  railway.  The  city  shall 
have,  however,  the  right  to'  intervene  in  any  suit  for  an  injunction 
to  restrain  said  company,  as  aforesaid,  and  move  for  the  dissolution 
of  the  injunction  in  case  such  suit  shall  be  deemed  collusive,  or  for  the 
purpose  of  delay,  or  of  extending  the  time  for  the  completion  of  said 
railway  tracks  and  operation  of  said  railway. 

1 12.  Indemnity  clause— acceptance.]  § 12.  The  said  com- 
pany, its  successors  or  assigns,  shall  defend  and  save  harmless  the  city 
of  Chicago  from  any  and  all  damages,  judgments,  decrees  and  costs 
connected  therewith  which  may  be  rendered  against  said  city  by  rea- 
son of  the  granting  of  the  rights  and  privileges  herein  contained,  or 
which  may  in  any  way  accrue  or  arise  or  grow  out  of  the  exercise 
by  the  said1  company,  or  its  successors  or  assigns,  of  the  rights  and 
privileges  hereby  granted.  This  ordinance  is  passed  upon  the  express 
agreement  and  understanding  that  the  said  company,  before  availing 

80 


1266 


STREET  RAILWAYS. 


itself  of  the  rights  and  privileges  granted  by  this  ordinance,  shall  file 
with  the  city  clerk  its  acceptance  of  all  the  terms  and  conditions  of 
this  ordinance. 

1[  13.  License  fee.]  § 13.  The  said  company  shall  pay  into 
the  city  treasury  of  the  city  of  Chicago,  for  the  use  of  the  said  city, 
the  sum  of  fifty  dollars,  and  no  more,  as  an  annual  license  fee  for  each 
and  every  car  used  by  said  company,  in  the  manner  following:  In 

computing  the  number  of  cars  upon  which  said  license  charge  may 
be  imposed,  thirteen  round’  trips,  when  one  car  is  used  in  the  trans- 
portation of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use  of 
one  car;  one-thirteenth  of  such  round  trips  during  each  quarter  shall 
be  divided  by  the  number  of  days  in  such  quarter;  such  quotient  shall 
be  the  number  of  cars  subject  to  such  license  fee.  The  president  or 
other  chief*  officer  of  said  company  shall,  under  oath,  make  report 
quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole 
number  of  cars  run  by  said  company,  and  at  the  same  time  pay  to 
said  comptroller  $12.50  for  each  car,  to  be  ascertained  as  above  pre- 
scribed in  this  section.  The  first  quarter  shall  begin  the  first  day 
upon  which  said  company  shall  run  a car  or  cars  for  the  carriage  of 
passengers. 

IT  14.  Bond  of  indemnity.]  § 14.  The  said  company,  its  suc- 
cessors or  assigns,  shall  within  thirty  days  from  the  passage  of  this 
ordinance  execute  a bond  to  said  city  of  Chicago  in  the  penal  sum 
of  twenty-five  thousand  dollars,  conditioned  to  indemnify  and  save 
harmless  the  city  of  Chicago  of  any  and  from  all  damages  which  may 
accrue  or  arise  or  grow  out  of  the  exercise  by  the  said  company,  its 
successors  or  assigns,  of  the  privileges  hereby  granted;  said  bond  to 
be  subject  to  the  approval  of  the  commissioner  of  public  works  of  the 
city  of  Chicago. 

% 15.  When  in  force.]  § 15.  This  ordinance  shall  take  effect 
when  the  said  company,  its  successors  or  assigns,  shall  file  the  bond 
herein  required  and  accept,  in  writing,  the  terms  and  conditions  of 
this  ordinance  and  said  bond  shall  be  approved.  Provided,  that  if  the 
said  company,  its  successors  or  assigns,  shall  not  file  an  acceptance 
in  writing  of  this  ordinance  and  the  bond  herein  required  within  thirty 
days  from  the  passage  hereof,  then  this  ordinance  shall  be  of  no  force 
and  effect,  and'  all  rights  herein  granted  shall  absolutely  cease  and 
determine. 

Note. — See  following  amendatory  ordinance. 

§ 535.  Chicago  North  Shore  Street  Railway  company. 

If  1.  Amending  section  i of  foregoing  ordinance. 

*f[  2.  Acceptance. 

An  ordinance  to  amend  section  one  (i)  of  an  ordinance  entitled  “An  ordinance 
authorizing  the  Chicago  & Evanston  Electric  Railway  company  to  con- 
struct and  operate  a street  railway  on  Evanston  avenue  and  Church  street,” 
passed  April  n,  1892.  (Passed  April  25,  1892.  Accepted  May  3,  1892.) 


§ 535a]  CHICAGO  NORTH  SHORE  STREET  RAILWAY  COMPANY. 


1267 


f 1.  Amending  section  one  of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That  sec- 

tion i of  an  ordinance  entitled  “An  ordinance  authorizing  the  Chicago 
& Evanston  Electric  Railway  Company  to  construe!  and  operate  a 
street  railway  on  Evanston  avenue  and  Church  street,”  passed  April 
nth,  1892,  be  and  the  same  hereby  is  amended  so  as  to  read  as  fol- 
lows: “Section  1.  That  in  consideration  of  the  acceptance  hereof 

and  the  undertaking  of  the  Chicago  & Evanston  Electric  Railway 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate,  for 
the  period  of  twenty  years  from  the  passage  hereof,  a double  track 
street  railway,  with  all  necessary  and  convenient  turn-outs,  side-tracks, 
turn-tables  and  switches  and  with  the  right  to  connect  with  other  street 
railway  tracks  owned  or  operated  by  said  company,  in,  upon,  over 
and  along  the  following  streets:  Commencing  at  the  intersection  of 

Graceland  and  Evanston  avenues,  thence  northwesterly  and  north 
along  and  upon  said  Evanston  avenue  to  Church  (or  the  city  limits) 
street.  Also  to  lay  down,  construct,  maintain  and  operate  a single 
track  street  railway  upon  and  along  that  portion  of  said  Church  street, 
between  Evanston  avenue,  aforesaid,  ana  Clark  street,  within  the  lim- 
its of  the  city  of  Chicago,  together  witli  all  the  necessary  turn-outs, 
turn-tables,  side-tracks  and  switches  aforesaid  and  with  the  right  to 
connect  with  the  other  street  railway  tracks  owned  and  operated  by 
said  company.” 

T 2.  Acceptance.]  § 2.  The  Chicago  & Evanston  Electric 
Railway  Company  shall,  within  fifteen  (15)  days  from  the  passage  of 
this  ordinance,  file  with  the  city  clerk  of  the  city  of  Chicago  its  ac- 
ceptance, in  writing,  of  the  terms  and  conditions  of  the  ordinance 
passed  April  nth,  1892,  as  hereby  amended. 

Note. — See  following  amendatory  ordinance. 

§ 5 35 a*  Chicago  North  Shore  Street  Railway  company.  ; 

IT  i-  Name  of  company  changed.  1 

IT  2.  Route,  fare,  transfers,  etc. 

TT  3.  Time  schedule. 

4.  Former  contracts  not  affected. 

"f[  4K* Underground  electric  motor  power  may  be  required, 

* ~ . 1[  5-  Rate  of  fare.  ' ^ * 

if  6.  Laws  and  ordinances  to  prevail.  ‘ ' ,jr 

r •[[  7.  Term  of  grant.  “v 

IT  8.  Acceptance.  - 

An  ordinance  to  amend  an  ordinance  entitled,  “An  ordinance  authorizing  the 
Chicago  & Evanston  Electric  Railway  company  to  ’construct  and  operate  a 
street  railway  on  Evanston  avenue  and  Church  street,”  passed  April  11 
1892;  also,  to  amend  an  ordinance  passed  April  25,  1892,  amending  section 
one  (1)  of  said  ordinance,  passed  April  ir,  1892.  (Passed  April  5,  1893.  Ac- 
cepted by  Chicago  & North  Shore  Street  Railway  company  April’ 13,  1893.) 

1 !•  Name  of  company  changed.]  Be  it  ordained  bv  the  city 


1268 


STREET  RAILWAYS. 


[§  535^ 


council  of  the  city  of  Chicago:  § 1.  Whereas,  “The  Chicago  & Ev- 
anston Electric  Railway  Company”  has  changed  its  name  to  “Chi- 
cago North  Shore  Street  Railway  Company,”  said  ordinance  passed 
April  1 1 th,  1892,  and  said  amendatory  ordinance,  passed  April  25th, 
1892,  are,  and  each  of  them  is,  hereby  amended  as  follows:  By  strik- 
ing out  the  name  “Chicago  & Evanston  Electric  Railway  Company,” 
wherever  the  same  occurs  in  said  ordinance,  passed  April  nth,  1892, 
and  in  said  amendatory  ordinance  thereof,  passed  April  25th,  1892,  and 
substituting  in  place  thereof  the  name  “Chicago  North  Shore  Street 
Railway  Company.” 

T 2.  Route — fare  — transfers,  etc.]  § 2.  That  section  one  (1) 
of  said  amendatory  ordinance,  passed  April  25th,  1892,  amending  sec- 
tion one  (1)  of  said  ordinance,  passed  April  nth,  1892,  be  and  the 
same  is  hereby  amended  by  adding  to  section  one  (1)  of  said  amenda- 
tory ordinance,  and  at  the  end  of  said  section  the  following:  Also  to 
lay  down,  construct,  maintain  and  operate  a double  track  street  rail- 
road over  and  upon  those  portions  of  Evanston  avenue,  Halsted  street 
and  Clark  street,  now  occupied  by  the  tracks  of  the  North  Chicago 
City  Railway  Company,  as  follows:  Beginning  on  Evanston  ave- 

nue, at  the  north  line  of  Graceland  avenue,  running  thence  south  and 
southerly  to  the  point  where  Evanston  avenue  intersects  Halsted  street, 
thence  southerly  on  Halsted  street  to  the  intersection  of  Halsted  and 
Clark  street,  thence  south  and  easterly  on  Clark  street  to  Dewey 
court,  which  said  right  of  way  is  now  occupied  by  the  North  Chicago 
Street  Railroad  Compafiy;  Provided,  however,  that  the  Chicago 
North  Shore  Street  Railway  Company  shall  first  obtain,  before  mak- 
ing any  use  of  any  part  of  said  tracks  and  right  of  way  in  Evanston 
avenue,  Halsted  street  and  Clark  street,  lying  between  said  Grace- 
land  avenue  and  said  Dewey  court,  the  written  assent  of  the  said 
North  Chicago  City  Railway  Company  and  said  North  Chicago  Street 
Railroad  Company  to  such  user  between  said  points  aforesaid;  and 
provided,  further,  that  this  grant  shall  not  be  construed  as  authorizing 
the  Chicago  North  Shore  Street  Railway  Company  to  lay  down,  con- 
struct or  operate  in  said  Evanston  avenue,  Halsted  street  and  said 
Clark  street,  between  the  points  aforesaid,  any  track  or  tracks  outside 
of  the  space  now  occupied  by  the  North  Chicago  City  Railway  Com- 
pany and  the  North  Chicago  Street  Railroad  Company;  and  pro- 
vided, further,  that  the  written  contract  hereby  authorized  and  re- 
quired to  be  entered!  into  between  the  said  Chicago  North  Shore 
Street  Railway  Company,  of  the  one  part,  and  the  North  Chicago  City 
Railway  Company  and  the  North  Chicago  Street  Railroad  Company, 
of  the  other  part,  shall  contain  an  agreement  that  the  said  Chicago 
North  Shore  Street  Railway  Company  shall  operate  between  the  points 
aforesaid  at  least  one  trail  car  with  each  and  every  train  run  and  op- 
erated by  the  said  Chicago  North  Shore  Street  Railway  Company; 
the  said  car  to  be  furnished  by  the  North  Chicago  Street  Railroad 


§ 535a]  CHICAGO  NORTH  SHORE  STREET  RAILWAY  COMPANY.  1269 

Company,  and  to  be  in  charge  of  a conductor  employed  by  the  North 
Chicago  Street  Railroad  Company,  and  in  which  said  trail  car  all 
passengers  receiving  transfers  from  the  North  Chicago  Street  Railroad 
Company  shall  be  entitled  and  permitted  to  ride  without  payment  of 
an  additional  fare;  and  also  only  five  cents  for  one  continuous  passage 
south  from  Graceland  avenue  to  the  center  of  the  city  upon  the  cars 
operated  over  said  line  by  the  North  Chicago  City  Railway  Company 
and  North  Chicago  Street  Railroad  Company. 

T 3.  Time  schedule.]  § 3.  The  said  Chicago  North  Shore 
Street  Railway  Company  shall  begin  the  running  of  cars,,  in  each  di- 
rection, not  later  than  six  o'clock  in  the  morning  and  continue  run- 
ning the  same  until,  at  least,  twelve  o’clock  midnight  of  each  and  every 
day,  said  cars  to  run  at  an  interval  of  not  over  ten  minutes  apart,  in 
each  direction  until  10:30  p.  m.,  and  every  thirty  minutes  thereafter 
until  twelve  o’clock  midnight;  except  during  the  hours  of  six  to  nine 
o’clock  in  the  morning  and  from  four  to  seven  o’clock  in  the  afternoon, 
when  said  cars  shall  run  at  an  interval  of  not  over  eight  minutes  apart, 
in  each  direction. 

T 4.  Former  contracts  not  affected.]  § 4.  The  permission 
and  authority  hereby  given  are  upon  the  express  condition  that  the 
same  shall  in  no  way  alter  or  abridge  the  obligations  of  the  North 
Chicago  City  Railway  Company,  or  its  assigns,  to  furnish  cars  to  the 
Chicago  North  Shore  Street  Railway  Company,  for  transportation  of 
passengers  over  its  line,  as  now  existing,  to  points  northerly  of  Dewey 
court,  and  the  privileges  by  this  ordinance  conferred  are  upon  the  fur- 
ther express  condition  that  if  the  failure  of  the  North  Chicago  City 
Railway  Company  to  comply  with  the  terms  and  conditions  of  its  or- 
dinance should  result  in  a forfeiture  of  its  rights  and  privileges  under 
its  ordinance,  so  far  as  the  same  affect  the  route  in  this  ordinance  de- 
scribed, then  in  that  case  all  the  rights  and  privileges  hereby  granted 
to  the  Chicago  North  Shore  Street  Railway  Company,  and  its  assigns, 
shall  thereupon  at  once  cease  and  determine. 

1 4 %.  Underground  electric  motor  power  may  be  re- 
quired.] § 4 Yi.  And  in  the  event  that  a system  of  underground 
electric  motor  power  being  invented  or  discovered  which  the  city 
council  and  mayor  of  the  city  of  Chicago  shall,  at  any  future  time, 
determine  to  be  practicable  and  useful,  said  company  shall  be  required 
to  put  in  use  and  cause  to  be  operated  the  cars  of  said  company  by 
underground  electric  motor  power  within  one  year  from  the  date  of 
the  passage  of  the  order  of  the  city  council  directing  the  use  of  under- 
ground electric  motor  power  as  aforesaid,  and  failure  to  comply  with 
such  order  of  the  city  council  for  the  period  of  one  year  as  aforesaid 
by  said  company  shall  work  an  absolute  forfeiture  of  all  rights  and 
privileges  granted  by  this  ordinance.  And  shall  be  required  to  remove 
all  poles  of  every  kind  and  overhead  electric  wires  erected  or  used  by 
said  company,  within  the  period  of  one  year  after  the  city  council  and 


1270  STREET  RAILWAYS.  [§  536 

mayor  of  the  city  of  Chicago  has  ordered'  or  determined  as  afore- 
mentioned. 

1 5.  Rate  of  fare.]  § 5.  Section  six  (6)  of  said  ordinance 
passed  April  11,  1892,  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows:  The  rate  of  fare  for  any  continuous  ride,  in  either 
direction,  north  and  south,  from  one  point  to  another  on  the  line  of 
said  railway,  or  any  connecting  line  thereof,  running  northerly  in  to 
the  township  of  Evanston,  shall  not  exceed  five  cents;  that  is,  no 
greater  sum  shall  be  charged  or  exacted  for  any  continuous  ride  from 
one  point  to  another  on  the  line  of  said  railway  between  Dewey  court 
and  Davis  street,  in  the  city  of  Evanston. 

•[J  6.  Laws  and  ordinances  to  prevail.]  § 6.  The  rights  and 
privileges  herein  granted  shall  be  subject  to  all  laws  and  ordinances 
governing  railroads  now  in  force  or  which  shall  hereafter  be  passed 
by  the  city  council. 

1”  7.  Term  of  grant.]  § 7.  The  grant  herein  given  shall  ex- 
tend for  the  term  ending  April  nth,  1912;  Provided,  the  same  shall 
be  accepted  by  said  company  within  thirty  days  after  its  passage,  and 
said  road  shall  be  in  operation  within  the  city  limits  in  twelve  months 
from  said  acceptance,  injunction  and  operation  of  law  excepted  in  ac- 
cordance with  article  n,  of  the  ordinance  passed  April  nth,  1892, 
which  is  hereby  extended  as  above. 

IT  8.  Acceptance.]  § 8.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  the  filing,  with  the  city  clerk  of  the  city  of 
Chicago,  an  acceptance  thereof  by  the  said  company,  together  with  a 
certified  copy  of  the  contract  entered  into,  between  said  company  and 
the  North  Chicago'  Street  Railroad  Company  and  the  North  Chicago 
City  Railway  Company,  for  the  use  of  the  tracks  hereby  authorized; 
and  unless  said  acceptance  and  said  copy  of  said  contract  are  filed 
within  sixty  days  after  the  passage  of  this  ordinance  this  ordinance 
shall  be  null  and  void. 

§ 336.  Chicago  North  Shore  Street  Railway  company. 

IT  1.  Former  grants  re-enacted  and  confirmed. 

Tf  2.  Time  extended. 

if  3.  When  in  force — acceptance. 

An  ordinance  re-enacting  and  re-establishing  in  the  Chicago  North  Shore  Street 

Railway  company  the  right  to  construct  and  operate  a street  railway  upon 

Evanston  avenue  and  Church  street.  (Passed  March  20,  1893.  Accepted 

March  22,  1893.) 

il  1.  Former  grants  re-enacted  and  confirmed.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  all  the  rights 
and  privileges  heretofore  granted  to  the  Chicago  and  Evanston  Elec- 
tric Railway  Company  to  construct  and  operate  a street  railway  upon 
Evanston  avenue,  from  Graeeland  avenue  to  Church  street,  and  on 
Church  (or  the  city  limits  street  from  Evanston  avenue  to  Clark) 
street,  in  the  city  of  Chicago,  bv  virtue  of  an  ordinance  entitled  “An 


§ 537] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1271 


ordinance  authorizing  the  Chicago  and  Evanston  Electric  Railway 
Company  to  construct  and1  operate  a street  railway  on  Evanston  ave- 
nue and  Church  street,”  passed  April  nth,  1892,  and  by  virtue  of  an 
ordinance  amending  the  same,  passed  April  25th,  1892,  and  entitled 
“An  ordinance  to  amend  section  one  (1)  of  an  ordinance  entitled  ‘An 
ordinance  authorizing  the  Chicago  & Evanston  Electric  Railway 
Company  to  construct  and  operate  a street  railway  on  Evanston  ave- 
nue and  Church  street/  passed  April  nth,  1892,”  be  and  the  same  are 
hereby  re-enacted,  re-established  and  confirmed  in  said  company  un- 
der the  name  of  the  Chicago  North  Shore  Street  Railway  Company 
and  in  its  successors  and  assigns. 

2.  Time  extended.]  § 2.  The  time  for  the  completion  o>f  the 
said  street  railway  on  said  portions  of  Evanston  avenue  and  Church 
street,  and  for  the  commencement  of  the  operation  of  the  same,  is 
hereby  extended  for  sixty  (60)  days  from  and  after  the  passage  of  this 
ordinance. 

If  3.  When  in  force — acceptance.]  § 3.  Unless  the  said  Chicago 
North  Shore  Street  Railway  Company  shall  within  thirty  (30)  days 
after  the  passage  and  approval  of  this  ordinance  file  with  the  city  clerk 
its  acceptance  of  the  same,  in  writing,  and  of  the  said  ordinances  of 
April  nth  and  25th,  1892,  then  this  ordinance  shall  be  void  and  of  no 
further  force  or  effect,  and  this  ordinance  shall  take  effect  after  the 
filing  of  the  acceptance  as  aforesaid. 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 

(Formerly  Chicago  Horse  and  Dummy  Railway  company.) 

§ 537.  Chicago  Passenger  Railway  company. 


IT 

1. 

G ran  t — route — fare. 

IT 

2. 

Tracks — hoto  laid. 

IT 

3- 

Motive  power. 

IT 

4. 

Prohibition. 

IT 

5- 

Street  improvements  and  repair. 

IT 

6. 

Adams  street  bridge — proportion  of  cost. 

IT 

7- 

Regulations  as  to  running  time  and  speed. 

IT 

8. 

Limitation  as  to  completion. 

IT 

9- 

Track  removed — street  restored. 

IT 

10. 

Damages. 

U 

11. 

License  fee. 

IT 

12. 

Indemnity  clause. 

nr 

13- 

Condition  as  to  viaduct  on  Adams  street. 

m 

14. 

When  in  force— bond  and  acceptance. 

An  ordinance  granting  permission  to  the  Chicago  Horse  and  Dummy  Railway 
company  to  lay  down  and  operate  a street  railroad.  (Passed  April  21,  1884. 
Accepted  April  28,  1884,  by  Chicago  Passenger  Railway  company.) 


1272 


STREET  RAILWAYS. 


[§537 


T 1.  Grant — route — fare.]  Be  it  ordained  by  the  city  council  of  . 
the  city  of  Chicago:  § i.  That  in  consideration  of  the  acceptance 

hereof  and  the  undertaking  by  the  Chicago  Horse  and  Dummy  Rail- 
way Company  to  comply  with  the  provisions  herein  contained,  consent 
is  hereby  given,  permission  granted  and1  authority  duly  vested  in 
said  company,  its  successors  and  assigns,  to  lay  down,  operate  and 
maintain  a double  track  railway,  with  all  necessary  and  convenient 
turn-outs,  turn-tables,  side-tracks  and  switches,  in,  upon,  over  and 
along  the  certain  portions  of  the  certain  streets  in  the  city  of  Chi- 
cago, in  the  county  of  Cook  and  state  of  Illinois,  hereinafter  men- 
tioned and  described,  to  wit: 

Upon  all  that  portion  of  Adams  street,  including  the  bridge  across 
the  Chicago  river,  in  the  city  of  Chicago,  lying  between  Clark  street 
and  a point  five  hundred  feet  west  of  Desplaines  street;  also  upon 
all  that  portion  of  Desplaines  street  lying  between  Adams  street  and 
the  south  line  of  Harrison  street;  also  upon  all  that  portion  of  Har- 
rison street  lying  between  the  east  line  of  Desplaines  street  and  the 
west  line  of  Western  avenue;  also  upon  all  that  portion  of  Western 
avenue  lying  between  the  north  line  of  Harrison  street  and  the  south 
line  of  Twelfth  street,  and  also  upon  all  that  portion  of  Twelfth  street 
lying  between  the  east  line  of  Western  avenue  and  Crawford  avenue; 
and  the  said  company  may  construct,  maintain  and  operate  its  rail- 
ways aforesaid  upon  the  terms  and  conditions,  and  subject  to  the  re- 
strictions, mentioned  in  this  ordinance,  for  the  period  of  twenty  years 
from  the  passage  hereof,  and  no  longer,  and  the  rate  of  fare  shall  not 
exceed  five  cents  for  each  passenger  for  any  continuous  travel  of  one 
trip. 

1 2.  Tracks,  how  laid.]  § 2.  The  track  or  tracks  of  said  rail- 
way shall  not  be  elevated  above  the  surface  of  the  street,  and  shall 
be  laid  with  modern  improved  rails,  and  shall  be  so  laid  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  said  track,  or 
tracks,  at  any  and  all  points,  and  in  any  and  all  directions,  without 
obstruction;  and  each  of  said  tracks  shall  be  laid  as  near  the  center 
of  the  street  as  practicable,  and  shall  not  be  laid  nearer  than  twelve 
feet  of  [to]  the  sidewalk,  except  in  turning  street  corners,  and  then 
no  nearer  than  may  be  required  to  make  the  necessary  curves. 

IT  3.  Motive  power.]  § 3.  The  cars  or  carriages  to  be  used 
upon  said  track  or  tracks  hereby  authorized  to  be  constructed  upon 
said  streets,  shall  be  operated  with  animal  power  only,  and  shall  be 
used  for  no  other  purpose  than  to  transport  passengers  and  their  ordi- 
nary baggage,  and  no  car  shall  be  run  upon  said  tracks  except  under 
the  charge  of  a competent  driver  and  conductor,  who  shall  be  two 
separate  persons. 

IT  4.  Prohibition.]  § 4.  Said  railways  shall  not,  or  any  of  them, 
connect  with  any  other  railway  operated  by  other  power. 

1 5.  Street  improvements  and  repair.]  § 5.  The  said  com- 


§ 537] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1273 


pany  as  to  the  grading,  paving,  macadamizing,  filling,  repairing  or 
using  of  said  streets  upon  which  shall  be  constructed  said  railways, 
or  any  of  them,  shall  keep  sixteen  feet  in  width,  where  two  tracks 
are  laid,  and  eight  feet  in  width,  where  one  track  is  laid,  in  good  repair 
and  condition  during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extend,  in  accordance  with  whatever  order  or  regula- 
tion respecting  such  filling,  grading,  paving  or  repairing  as  may  be 
passed  or  adopted  by  the  city  council,  and  when  any  repairing,  plank- 
ing, filling  or  other  improvements  of  like  character  shall  be  ordered 
by  the  city  council  thereon,  said  company  shall,  in  the  manner  re- 
quired by  the  city  authorities  of  the  owners  of  property  fronting  on 
said  streets,  make  such  new  improvements  for  the  width  of  sixteen 
feet  where  two  tracks  are  laid,  and  eight  feet  where  one  track  is  laid, 
and  if  said  company  fails  so  to  do,  the  same  may  be  done  by  the  city 
and  the  cost  thereof  collected  of  said  company. 

IT  6.  Adams  street  bridge — proportion  of  cost.]  § 6.  If  the 

city  of  Chicago  shall  hereafter,  during  the  term  of  the  license  hereby 
granted,  provide  by  ordinance  for  the  construction  of  a large  four- 
track  bridge  over  the  Chicago  river  at  Adams  street,  to  be  operated 
by  steam  or  other  power,  to  take  the  place  of  the  existing  bridge  over 
said  river,  on  said  Adams  street,  in  consideration  of  such  increased 
facilities  afforded  by  crossing  said  river,  the  said'  company  agrees  to 
pay  to  the  city  of  Chicago,  as  required  by  the  city  during  the  progress 
of  the  work,  one-half  the  first  cost  of  such  bridge,  including  piers, 
abutments  and  steam  or  other  machinery,  and,  upon  a like  considera- 
tion, to  further  pay  to  said  city  the  sum  of  one  thousand  dollars  per 
annum,  payable  quarterly,  towards  defraying  the  expense  of  operat- 
ing and  repairing  such  bridge,  such  annual  payments  to  commence 
whenever  such  new  structure  is  ready  for  use,  and  to  continue  during 
the  term  of  the  license  hereby  granted. 

T 7.  Regulations  as  to  running  time  and  speed.]  § 7.  The 
city  council  shall  have  the  power  at  all  times  to  make  such  regula- 
tions as  to  the  time  of  running  and  rate  of  speed  of  said  cars  as  public 
interests  may  require. 

1 8.  Limitation  as  to  completion.]  § 8.  The  track  herein 
authorized  shall  be  laid  and  the  lines  in  operation  by  the  first  day  of 
July,  A.  D.  1886,  and  if  said  company  shall  fail  to  complete  said  tracks 
within  the  time  prescribed  herein,  the  rights  and  privileges  hereby 
granted  shall  cease  and  determine:  Provided,  however,  that  if  the 

said  company  shall  be  restrained  from  proceeding  with  the  work  upon 
said  tracks  by  the  order  or  writ  of  any  court  of  competent  jurisdiction, 
the  time  during  which  said  company  is  hereby  delayed  shall  be  ex- 
cluded from  the  time  prescribed  herein  for  the  completion  of  said 
railway  track;  and  the  same  time,  in  addition  to  the  period  above 
described,  shall  be  allowed  for  the  completion  of  said  railway  as  that 
during  which  said  company  may  be  so  delayed. 


1274 


STREET  RAILWAYS. 


[§  537 


Provided  further,  that  the  city  law  department  may  intervene  in 
any  such  suit  for  an  injunction  and  move  for  its  dissolution,  in  case 
such  suit  shall  be  deemed  by  such  department  as  collusive,  or  for  the 
purpose  of  delay,  or  extension  of  such  time. 

1 9.  Track  removed — street  restored.]  § 9.  When  the  right 
of  said  company  to  operate  its  said  railway  upon  said  streets  shall 
cease,  said  company  shall  remove  its  tracks  from  said  streets,  and 
place  the  portions  of  said  streets  from  which  such  track  is  removed 
in  as  good  condition  as  the  adjacent  part  of  said  streets. 

IT  10.  Damages.]  § 10.  Said  Chicago  Horse  and  Dummy  Rail- 
way Company  shall  pay  all  damages,  to  owners  of  property  abutting 
upon  the  streets,  alleys,  roads,  highways  or  public  grounds  upon  or 
over  which  its  said  road  is  to  be  constructed,  as  above  set  forth,  which 
such  owners  may  sustain  by  reason  of  the  location  or  construction 
of  said  company’s  road. 

Tf  11,  License  fee.]  §11.  The  said  Chicago  Horse  and  Dum- 
my Railway  Company  shall  pay  into  the  city  treasury  of  the  city  of 
Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  dollars,  and  no  more, 
as  an  annual  license  fee  for  each  and  every  car  used  by  said  company, 
in  the  manner  following:  In  computing  the  number  of  cars  upon 

which  such  license  charge  may  be  imposed,  thirteen  round  trips  when 
the  car  is  used  in  the  transportation  of  passengers  shall  be  taken  as 
equivalent  to  one  day’s  use  of  said  car;  one-thirteenth  of  such  round 
trips  during  each  quarter  shall  be  divided  by  the  number  of  days  in 
such  quarter;  such  quotient  shall  be  the  number  of  cars  subject  to 
such  license  fees.  The  president  or  other  chief  officer  of  said  com- 
pany shall,  under  oath,  make  report  quarter-yearly  to  the  comptroller 
of  the  city  of  Chicago,  of  the  whole  number  of  cars  so  run  by  said 
company,  and  at  the  same  time  pay  to  said  comptroller  twelve  dollars 
and  a half  for  each  car,  to  be  ascertained  as  above  prescribed  in  this 
section.  The  first  quarter  shall  begin  on  the  first  day  upon  which  said 
company  shall  run  a car,  or  cars,  for  the  carriage  of  passengers. 

12.  Indemnity  clause.]  §12.  The  said  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

1 13.  Condition  as  to  viaduct  on  Adams  street.]  § 13.  The 
permission  and  authority  hereby  granted  are  upon  the  express  con- 
ditions that  the  said  company  shall  pay  to'  the  city  of  Chicago  the  cost 
and  expense  of  widening  the  viaduct  on  Adams  street  over  the  rail- 


§ 537] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1275 


road  tracks,  between  Canal  street  and  the  Adams  street  bridge,  upon 
plans  and  specifications  of  the  commissioner  of  public  works,  or  shall 
pay  to  said  city,  in  case  it  shall  not  be  found  practicable  by  the  com- 
missioner of  public  works  to  widen  said  viaduct,  the  cost  and  expense 
of  constructing  and  erecting,  in  lieu  thereof,  a new  double  roadway 
viaduct,  with  the  necessary  approaches  thereto,  between  said  points, 
to  take  the  place  of  said  present  viaduct;  the  plans  and  specifications 
therefor,  in  case  it  shall  be  found  impracticable  to  widen  the  present 
viaduct,  to  be  prepared  by  the  department  of  public  works;  the  money 
required  to  be  paid  as  aforesaid,  shall  be  paid  by  said  company  as 
fast  as  needed  by  the  city  in  paying  for  such  widening  or  construction ; 
Provided,  however,  the  said  company  shall  have  no  right  to  cross 
said  viaduct  until  the  same  shall  have  been  widened,  or  a new  one 
constructed  in  its  place,  at  the  expense  of  said  company,  as  aforesaid. 
And  the  commissioner  of  public  works  is  hereby  directed  to  prepare 
the  necessary  plans  and  specifications  for  widening,  or  in  case  said 
widening  be  found  impracticable,  then  for  the  construction  of  said 
new  viaduct  immediately  upon  the  acceptance  of  this  ordinance  by 
said  company,  and  to  proceed  with  said  widening  or  construction  upon 
the  receipt  from  said  company  of  the  money  necessary  therefor,  or 
of  a satisfactory  bond  or  indemnity  for  the  cost  thereof  from  said 
company. 

If  14.  Bond.]  § 14.  The  said  Chicago  Horse  and  Dummy  Rail- 
way Company  shall  enter  into  a good  and  sufficient  bond  with  the 
city  of  Chicago,  in  the  penal  sum  of  ten  thousand  dollars,  for  the 
faithful  performance  of  all  the  terms  and  conditions  contained  in  this 
ordinance,  and  that  said  railway  herein  mentioned  shall  be*  completed 
at  the  times  and  manner  herein  stated,  unless  delayed  by  order  of 
court,  as  provided  by  section  eight  of  this  ordinance. 

1 15.  When  in  force — bond  and  acceptance.]  § 15.  This  ordi- 
nance shall  take  effect  and  be  in  force  as  soon  as  the  same  shall  have 
been  duly  accepted  by  said  company,  and  the  said  company  shall  have 
executed  and  filed  with  the  city  clerk  the  bond  provided  for  herein,  in 
manner  and  form  as  hereinbefore  required;  Provided,  however,  that 
unless  this  ordinance  shall  be  duly  accepted,  and  said  bond  executed 
and  filed  within  ninety  days  of  the  passage  hereof,  this  ordinance  shall 
be  null  and  void. 

Note. — See  following  ordinance,  also  ordinance  dated  March  21, 
1887. 


1276  STREET  RAILWAYS.  [§  538 

CHICAGO  HORSE  AND  DUMMY  RAILWAY  COMPANY. 

§ 538.  Chicago  Horse  and  Dummy  Railway  company. 

1.  Grant — route — term. 

H[  2.  Tracks — how  laid — position. 

Hi  3.  Motive  power. 

H[  4.  Improvement  and  repair  of  streets. 

5.  Running  time. 

Hr  6.  Time  of  completion. 

Ht  7.  Restoration  of  streets. 

Hr  8.  Indemnity  clause. 

Hi  9.  Bond. 

10.  Acceptance. 

An  ordinance  authorizing  the  construction  of  a horse  railway  upon  the  street 
therein  named.  (Passed  May  4,  1885.  Accepted  June  1,  1885.) 

Hf  1.  Grant — route — term.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § i.  That  in  consideration  of  the  acceptance 

hereof,  and  the  undertaking  by  the  Chicago  Horse  and  Dummy  Rail- 
way Company  to  comply  with  the  provisions  herein  contained,  con- 
sent is  hereby  given,  permission  granted  and  authority  duly  vested  in 
said  company,  its  successors  and  assigns,  to  lay  down,  operate  and 
maintain  a double  track  railway,  with  all  necessary  and  convenient 
turnouts,  turn-tables,  side  tracks  and  switches,  in,  upon,  over  and  along 
the  certain  portions  of  the  certain  streets  in  the  city  of  Chicago,  in  the 
county  of  Cook  and  state  of  Illinois,  hereinafter  mentioned  and  de- 
scribed, to-wit: 

Upon  all  that  portion  of  Adams  street,  in  said  city  of  Chicago,  ly- 
ing between  the  west  line  of  Clark  street  and  the  east  line  of  Michi- 
gan avenue,  and  the  said  company  may  construct,  maintain  and  op- 
erate its  railways  aforesaid,  upon  the  terms  and  conditions  and  subject 
to  the  restrictions  mentioned  in  this  ordinance,  for  the  period  of 
twenty  years  from  the  passage  hereof,  and  no  longer,  and  the  rate  Of 
fare  shall  not  exceed  five  cents  for  each  passenger  for  any  continuous 
travel  of  one  trip. 

.1”  2.  Tracks,  how  laid — position.]  § 2.  The  track  or  tracks 

of  said  railway  shall  not  be  elevated  above  the  surface  of  the  street, 
and  shall  be  laid  with  modern,  improved  rails,  and  shall  be  so  laid 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  said  track, 
or  tracks,  at  any  and  all  points,  and  in  any  and  all  directions,  without 
obstruction;  and  each  of  said  tracks  shall  be  laid  as  near  the  center 
of  the  street  as  practicable,  and  shall  not  be  laid  nearer  than  twelve 
feet  of  the  sidewalk,  except  in  turning  street  corners,  and  then  no 
nearer  than  may  be  required  to  make  the  necessary  curves. 

IT  3.  Motive  power.]  § 3.  The  cars  or  carriages  to  be  used 
upon  said  track  or  tracks  hereby  authorized  to  be  constructed  upon 
said  streets,  shall  be  operated  with  animal  power  only,  and  shall  be 
used  for  no  other  purpose  than  to  transport  passengers  and  their  or- 
dinary baggage,  and  no  car  shall  be  run  upon  said  tracks  except  under 


§ 538]  CHICAGO  HORSE  AND  DUMMY  RAILWAY  COMPANY.  1277 

the  charge  of  a competent  driver  and  conductor,  who  shall  be  two 
separate  persons. 

1 4.  Improvement  and  repair  of  streets.]  § 4. ' The  said 
company,  as  to  the  grading,  paving,  macadamizing,  filling,  repairing 
or  using  of  said  streets  upon  which  shall  be  constructed  said  railways, 
or  any  of  them,  shall  keep  sixteen  feet  in  width  where  two  tracks  are 
laid,  and  eight  feet  in  width  where  one  track  is  laid,  in  good  repair  and 
condition  during  all  the  time  to  which  the  privileges  hereby  granted 
shall  extend,  in  accordance  with  whatever  order  or  regulation  respect- 
ing such  filling,  grading,  paving  or  repairing  as  may  be  passed  or 
adopted  by  the  city  council,  and  when  any  repairing,  planking,  filling 
or  other  improvement  of  like  character  shall  be  ordered  by  the  city 
council  thereon,  said  company  shall,  in  the  manner  required  by  the 
city  authorities  of  the  owners  of  property  fronting  on  said  streets, 
make  such  new  improvements  for  the  width  of  sixteen  feet  where  two 
tracks  are  laid,  and  eight  feet  where  one  track  is  laid,  and  if  said 
company  fails  so  to  do,  the  same  may  be  done  by  the  city  and  the  cost 
thereof  collected  of  said  company. 

Tf  5.  Running  time.]  § 5.  The  city  council  shall  have  the 
power  at  all  times  to  make  such  regulations  as  to  the  time  of  running 
and  rate  of  speed  of  said  cars  as  the  public  interests  may  require. 

IT  6.  Time  of  completion.]  § 6.  The  tracks  herein  authorized 
shall  be  laid  and  the  lines  in  operation  by  the  first  day  of  July,  A.  D, 
1887,  and  if  said  company  shall  fail  to  complete  said  tracks  within 
the  time  prescribed  herein,  the  rights  and  privileges  hereby  granted 
may  be  declared  null  and  void;  Provided,  however,  that  if  the  said 
company  shall  be  restrained  from  proceeding  with  the  work  upon  said 
tracks  by  the  order  or  writ  of  any  court  of  competent  jurisdiction,  the 
time  during  which  said  company  is  delayed  thereby  shall  be  excluded 
from  the  time  prescribed  herein  for  the  completion  of  said  railway 
tracks. 

T;7.  Restoration  of  streets.]  § 7.  When  the  right  of  said  com- 
pany to  operate  its  said  railway  upon  said  street  shall  cease,  said  com- 
pany shall  remove  its  tracks  from  said  street  and  place  the  portions  of 
said  street  from  which  such  tracks  are  removed  in  as  good  condition 
as  the  adjacent  parts  of  said  street. 

If  8.  Indemnity  clause.]  § 8.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and  ex- 
penses of  the  same,  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city,  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or  agents, 
under  or  by  virtue  of  the  provisions  of  this  ordinance. 


1278 


STREET  RAILWAYS. 


If  9.  Bond.]  § 9.  The  said  Chicago  Horse  and  Dummy  Rail- 
way Company  shall  enter  into  a good  and  sufficient  bond  with  the  city 
of  Chicago,  in  the  penal  sum  of  five  thousand  dollars,  for  the  faithful 
performance  of  all  the  terms  and  conditions  contained  in  this  ordi- 
nance, and  that  said  railway  herein  rtientioned  shall  be  completed  at 
the  times  and  manner  herein  stated,  unless  delayed  by  order  of  court, 
as  provided  by  section  8 of  this  ordinance. 

T 10.  Acceptance.]  § 10.  This  ordinance  shall  take  effect  and 
be  in  force  as  soon  as  the  same  shall  have  been  duly  accepted  by  said 
company,  and  the  said  company  shall  have  executed  and  filed  with  the 
city  clerk  the  bond  provided  for  herein,  in  manner  and  form  as  herein- 
before required.  Provided,  however,  that  unless  this  ordinance  shall 
be  duly  accepted  and  said  bond  executed  and  filed  within  ninety  days 
of  the  passage  hereof,  this  ordinance  shall  be  null  and  void. 

§ 539.  Amendment  to  foregoing. 

An  ordinance  to  amend  an  ordinance  passed  May  4,  1885,  entitled  “An  ordinance 
authorizing  the  construction  of  a horse  railway  upon  the  street  therein  named.” 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  That 

the  eighth  section  of  the  ordinance  passed  May  4th,  1885,  entitled 
“an  ordinance  authorizing  the  construction  of  a horse  railway  upon 
the  street  therein  named,”  be  and  the  same  is  hereby  amended  to  read 
as  follows: 

§ 8.  That  said  company  shall  forever  indemnify  and  save  harm- 
less the  city  of  Chicago  against  and  from  any  and  all  legal  damages, 
judgments,  decrees  and  costs  and  expenses  of  the  same,  which  it  may 
suffer,  or  which  may  be  recovered  or  obtained  against  said  city,  for  or 
by  reason  of  the  granting  of  such  privileges,  or  for  or  by  reason  of,  or 
growing  out  of,  or  resulting  from  the  passage  of  this  ordinance,  or 
any  matter  or  thing  connected  herewith,  or  with  the  exercise  by  said 
company  of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of 
said  company,  its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance,  which  said  ordinance  is  granted  upon  the 
express  condition  that  the  said  company  will  pay  all  damages  to  own- 
ers of  property  abutting  upon  the  street,  alley,  road,  highway,  or  pub- 
lic ground  upon  or  over  which  such  road  is  to  be  constructed,  which 
they  may  sustain  by  reason  of  the  location  or  construction  of  the  road ; 
the  same  to  be  ascertained  and  paid  in  the  manner  provided  by  law 
for  the  exercise  of  the  right  of  eminent  domain. 

Passed  August  10,  1885. 


§ 54°]  CHICAGO  PASSENGER  RAILWAY  COMPANY.  1279 

CHICAGO  PASSENGER  RAILWAY  COMPANY. 

§ 540.  Chicago  Passenger  Railway  company. 


H 

1. 

Grant — fare. 

IT 

2. 

Tracks— how  laid. 

IT 

3. 

Motive  power — passenger  traffic. 

f 

4. 

Street  improvement  and  repairs. 

nr 

5. 

Time  of  completion. 

nr 

6. 

Removal  of  tracks — restoration  of  streets. 

nr 

7- 

Company  liable  for  land  damages. 

nr 

8. 

License  fee. 

nr 

9- 

Indemnity  clause. 

nr 

10. 

Bond. 

nr 

11. 

When  to  take  effect — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  Company 

to  lay  down  and  operate  a railway  in  Harrison  street  from  Desplaines  to 

State  streets.  (Passed  December  31,  1885.  Accepted  February  8,  1886.) 

1"  1.  Grant — fare.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago  § i.  That  in  consideration  of  the  acceptance  hereof, 
and  the  undertaking  of  the  Chicago  Passenger  Railway  Company  to 
comply  with  the  provisions  herein  contained,  consent,  permission  and 
authority  are  hereby  granted  to  said  company,  its  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate,  for  the  period  of 
twenty  years  from  the  passage  hereof,  a double  or  single  track  rail- 
way with  all  necessary  and  convenient  turnouts,  turntables,  side  tracks 
and  switches  in,  upon,  over  and  along  all  that  part  of  Harrison  street, 
including  the  bridge  over  the  Chicago  river,  between  the  west  line  of 
Desplaines  street  and  the  west  line  of  State  street,  in  the  city  of  Chi- 
cago. The  rate  of  fare  for  carrying  passengers  on  said  railway  shall 
not  exceed  five  cents  for  each  passenger  for  any  continuous  travel  of 
one  trip. 

T 2.  Tracks,  how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions,  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  street  as  practicable. 

% 3.  Motive  power— passenger  traffic.]  § 3.  The  cars  or 
carriages  to  be  used  on  said  railway  shall  be  operated  by  animal  power 
only,  and  shall  be  used  for  no  other  purpose  than  to  carry  passengers 
and  their  ordinary  baggage. 

T 4.  Street  improvements  and  repairs.]  § 4.  The  said 
company,  as  to  the  part  of  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall 
be  laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid, 
in  good  condition  and  repair  during  all  the  time  to  which  the  privi- 
leges hereby  granted  shall  extend,  in  accordance  with  whatever  order, 
ordinance  or  regulation  may  be  passed  or  adopted  by  the  city  council 


1280 


STREET  RAILWAYS. 


[§  540 


J 

in  relation  to  such  repairing;  and  when  any  new  improvements  shall 
be  ordered  by  the  city  council  of  the  said  part  of  Harrison  street,  the 
said  railway  company  shall,  in  the  manner  which  may  be  required 
of  the  owners  of  property  fronting  on  said  part  of  Harrison  street, 
make  such  new  improvements  for  the  width  of  eight  feet  where  a sin- 
gle track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a double 
track  shall  be  laid ; and,  if  the  said  company  shall  refuse  or  fail  so  to 
do,  the  same  may  be  done  by  the  city,  and  the  said  company  shall  be 
liable  to  the  city  for  the  cost  thereof. 

IF  5.  Time  of  completion.]  § 5.  The  tracks  herein  author- 
ized shall  be  laid  and  in  operation  within  two  years  from  the  accept- 
ance of  this  ordinance,  and  if  the  said  company  shall  fail  to  complete 
said  tracks  within  the  said  time,  the  rights  and  privileges  hereby 
granted  shall,  as  to  said  uncompleted  tracks,  cease  and  determine; 
Provided,  that  if  the  said  company  shall  be  restrained  or  prevented 
from  proceeding  with  the  work  upon  said  railway  tracks,  by  the  order 
or  writ  of  any  court  of  competent  jurisdiction,  the  time  during  which 
said  company  may  be  so  delayed  shall  be  added  to  the  time  herein 
prescribed  for  the  completion  of  said  railway  tracks.  The  city  shall, 
however,  have  the  right  to  intervene  in  any  suit  for  an  injunction  to 
restrain  the  said  company,  as  aforesaid,  and  to  move  for  the  dissolu- 
tion of  the  injunction,  in  case  such  suit  shall  be  deemed  collusive,  or 
for  the  purpose  of  delay  or  extending  the  time  for  the  completion  of 
said  tracks. 

1 6.  Removal  of  tracks— restoration  of  streets.]  § 6.  When 
the  right  of  said  railway  company  to  operate  its  railways  on  said  part 
of  Harrison  street  shall  cease  and  determine,  said  company  shall  re- 
move its  tracks  from  said  part  of  street,  and  put  the  said  part  of  street 
from  which  said  tracks  shall  be  removed  in  as  good  condition  as  the 
adjacent  parts  of  Harrison  street. 

IF  7.  Company  liable  for  land  damages.]  § 7.  The  said 
Chicago  Passenger  Railway  Company  shall  pay  all  damages,  to  the 
owners  of  property  abutting  on  the  said  part  of  Harrison  street  upon 
or  over  which  its  road  may  be  constructed,  which  said  owners  may 
sustain  by  reason  of  the  location  or  construction  of  said  road. 

IF  8.  License  fee.]  § 8.  The  said  Chicago  Passenger  Rail- 
way Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago 
for  the  use  of  said  city,  the  sum  of  fifty  dollars,  and  no  more,  as  an  an- 
nual license  fee  for  each  and  every  car  used  by  said  company,  in  the 
manner  following.  In  computing  the  number  of  cars  upon  which 
such  license  charge  may  be  imposed,  thirteen  round  trips,  when  the 
car  is  used  in  the  transportation  of  passengers,  shall  be  taken  as  equiv- 
alent to  one  day’s  use  of  one  car,  one-thirteenth  of  such  round  trips 
during  each  quarter  shall  be  divided  by  the  number  of  days  in  such 
quarter,  such  quotient  shall  be  the  number  of  cars  subject  to  such  li- 
cense fee.  The  president  or  other  chief  officer  of  said  company  shall, 


§ 541]  CHICAGO  PASSENGER  RAILWAY  COMPANY.  1281 

under  oath,  make  report  quarter  yearly  to  the  comptroller  of  the  city 
of  Chicago,  of  the  whole  number  of  cars  so  run  by  said  company,  and 
at  the  same  time  pay  to  said  comptroller  twelve  dollars  and  a half  for 
each  car,  to  be  ascertained  as  above  prescribed  in  this  section.  The 
first  quarter  shall  begin  on  the  first  day  upon  which  said  company 
shall  run  a car  or  cars  for  the  carriage  of  passengers. 

T 9.  Indemnity  clause.]  § 9.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges or  for  or  by  reason  of,  or  growing  out  of  or  resulting  from,  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance. 

1"  10.  Bond.]  § 10.  The  Chicago  Passenger  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond, 
in  the  penal  sum  of  ten  thousand  dollars,  to  be  approved  by  the  com- 
missioner of  public  works,  conditioned  for  the  faithful  observance  and 
performance  of  the  provisions  and  conditions  of  this  ordinance,  on  its 
part  to  be  observed  and  performed,  as  aforesaid. 

1 11.  When  to  take  effect— acceptance.]  § n.  This  ordi- 
nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company 
shall  file  with  the  city  clerk  its  formal  acceptance  of  the -same  and  its 
bond  as  hereinbefore  prescribed;  Provided,  however,  that  if  said  ac- 
ceptance and  bond  shall  not  be  filed,, as  aforesaid,  within  ninety  days 
from  the  passage  hereof,  this  ordinance  shall  be  void  and  of  no  effect. 

§ 541.  Chicago  Passenger  Railway  company. 

*f[  1.  Grant — extension — term — fare. 

IT  2.  Tracks — how  laid. 

if  3.  Motive  power — passenger  traffic. 

If  4.  Street  improvement  and  repair, 
il"  5*  Time  of  completion. 

6.  Removal  of  tracks — restoration  of  streets. 

IT  7.  Damages, 
if  8.  License  fee. 

■ft  9.  Indemnity  clause. 

*T  10.  Bond. 

iT  ii-  When  to  take  effect — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  Company  to 
lay  down  and  operate  tracks  in  Adams  street,  Center  avenue  and  Twenty- 
first  street.  (Passed  January  n,  1886.  Accepted  February  8,  1886.) 

1 1.  Grant— extension — term — fare.]  Be  it  ordained  by  the  citv 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof,  and  the  undertaking  of  the  Chicago  Passenger 
Railway  Company  to  comply  with  the  provisions  herein  contained, 
81 


1282 


STREET  RAILWAYS. 


consent,  permission  and  authority  are  hereby  granted  to  said  com- 
pany, its  successors  and  assigns,  to  lay  down,  construct,  maintain  and 
operate,  for  the  period  of  twenty  years  from  the  passage  hereof,  a 
double  or  single  track  railway,  with  all  necessary  and  convenient  turn- 
outs, turntables,  side  tracks  and  switches,  in,  upon,  over  and  along  all 
the  following  described  parts  of  streets  in  the  city  of  Chicago,  namely: 
On  Adams  street  from  a point  500  feet  west  of  Desplaines  street  to 
Center  avenue;  on  Center  avenue  from  Adams  street  to  Twenty-first 
street;  and  on  Twenty-first  street  from  Center  avenue  to  Western  ave- 
nue; said  tracks  to  be  connected  at  the  intersection  of  Center  avenue 
with  Adams  and  Twenty-first  streets.  The  rate  of  fare  for  carrying 
passengers  on  said  railway  shall  not  exceed  five  cents  for  each  pas- 
senger for  any  continuous  travel  of  one  trip. 

T 2.  Tracks — how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  street  as  practicable. 

Section  1509  of  the  municipal  code  of  Chicago  of  1881,  (§  1704, 
1897)  shall  not  apply  to  the  railway  tracks  herein  authorized,  but  the 
rails  to  be  used  shall  be  satisfactory  to  the  mayor,  and  shall  be  laid 
under  his  direction. 

^ 3.  Motive  power — passenger  traffic.]  § 3.  The  cars  or  car- 
riages to  be  used  on  said  railway  shall  be  operated  by  animal  power 
only,  and  shall  be  used  for  no  other  purpose  than  to  carry  passengers 
and  their  ordinary  baggage. 

T 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  street  in  and  upon  which  its  said  railway  may 
be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall  be  laid, 
and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  in  good 
condition  and  repair  during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extend,  in  accordance  with  whatever  order,  ordinance  or 
regulation  may  be  passed  or  adopted  by  the  city  council  in  relation  to 
such  repairing;  and  when  any  new  improvement  shall  be  ordered  by 
the  city  council  of  the  said  parts  of  streets,  or  any  of  them,  the  said 
railway  company  shall,  in  the  manner  which  may  be  required  of  the 
owners  of  property  fronting  on  said  parts  of  streets,  or  any  of  them, 
make  such  new  improvements  for  the  width  of  eight  feet  where  a sin- 
gle track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a double 
track  shall  be  laid;  and  if  the  said  company  shall  refuse  or  fail  so  to  do 
the  same  may  be  done  by  the  city,  and  the  company  shall  be  liable 
to  the  city  for  the  cost  thereof. 

T 5.  Time  of  completion.]  § 5.  The  tracks  on  said  parts  of 
Adams  street  and  Center  avenue  herein  authorized  shall  be  laid  within 
one  year  from  the  acceptance  of  this  ordinance,  and  the  tracks  on  said 


§ 541]  CHICAGO  PASSENGER  RAILWAY  COMPANY.  1283 

part  of  Twenty-first  street  herein  authorized  shall  be  laid  when  said 
part  of  street  is  being  paved ; and,  if  the  said  company  shall  fail  to 
complete  said  tracks  within  the  said  time,  the  rights  and  privileges 
hereby  granted  shall,  as  to  said  uncompleted  tracks,  cease  and  de- 
termine ; 

Provided,  that  if  the  said  company  shall  be  restrained  or  prevented 
from  proceeding  with  the  work  upon  said  railway  tracks  by  the  order 
or  writ  of  any  court  of  competent  jurisdiction,  the  time  during  which 
said  company  may  be  so  delayed  shall  be  added  to  the  time  herein 
prescribed  for  the  completion  of  said  railway  tracks.  The  city  shall, 
however,  have  the  right  to  intervene  in  any  suit  for  an  injunction  to 
restrain  the  said  company,  as  aforesaid,  and  move  for  the  dissolution 
of  the  injunction,  in  case  such  suit  shall  be  deemed  collusive,  or  for 
the  purpose  of  delay,  or  of  extending  the  time  for  the  completion 
of  said  tracks. 

If  6.  Removal  of  tracks — restoration  of  streets.]  § 6.  When 
the  right  of  said  railway  company  to  operate  its  railways  on  said  parts 
of  streets  shall  cease  and  determine,  said  company  shall  remove  its 
tracks  from  said  parts  of  streets,  and  put  the  said  parts  of  streets 
from  which  said  tracks  shall  be  removed  in  as  good  condition  as  the 
adjacent  parts  of  streets. 

*[  7.  Damages.]  § 7.  The  said  Chicago  Passenger  Railway 
company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  parts  of  streets  upon  or  over  which  its  road  may  be  con- 
structed which  said  owners  may  sustain  by  reason  of  the  location 
or  construction  of  said  road. 

If  8.  License  fee.]  § 8.  The  said  Chicago  Passenger  Railway 
company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for 
the  use  of  said  city,  the  sum  of  fifty  (50)  dollars,  and  no  more,  as  an 
annual  license  fee,  for  each  and  every  car  used  by  said  company  in 
the  manner  following:  In  computing  the  number <of  cars  upon  which 
such  license  charge  may  be  imposed,  thirteen  round  trips,  when  the 
car  is  used  in  the  transportation  of  passengers,  shall  be  taken  as  equiv- 
alent to  one  day’s  use  of  one  car;  one-thirteenth  of  such  round  trips 
during  each  quarter  shall  be  divided  by  the  number  of  days  in  such 
quarter;  such  quotient  shall  be  the  number  of  cars  subject  to  such 
license  fee.  The  president  or  other  chief  officer  of  said  company  shall, 
under  oath,  make  report  quarter-yearly  to  the  comptroller  of  the  city 
of  Chicago  of  the  whole  number  of  cars  so  run  by  said  company,  and 
at  the  same  time  pay  to  said  comptroller  twelve  dollars  and  a half  for 
each  car,  to  be  ascertained  as  above  prescribed  in  this  section.  The 
first  quarter  shall  begin  on  the  first  day  upon  which  said  company 
shall  run  a car  or  cars  for  the  carriage  of  passengers. 

1 9.  Indemnity  clause.]  § 9.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and  ex- 
penses of  the  same,  which  it  may  suffer,  or  which  may  be  recovered 


STREET  RAILWAYS. 


[§  542 


I 284 

or  obtained  against  said  city,  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from,  the  passage  of  this  ordinance,  or  any  matter  or  thing  connected 
therewith,  or  with  the  exercise  by  said  company  of  the  privileges 
hereby  granted,  or  from  an  act  or  acts  of  said  company,  its  servants 
or  agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

If  10.  Bond.]  § 10.  The  Chicago  Passenger  Railway  company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in  the 
penal  sum  of  ten  thousand  ($10,000)  dollars,  to  be  approved  by  the 
commissioner  of  public  works,  conditioned  for  the  faithful  observ- 
ance and  performance  of  the  provisions  and  conditions  of  this  ordi- 
nance on  its  part  to  be  observed  and  performed  as  aforesaid. 

1 11.  When  to  take  effect — acceptance.]  § 11.  This  ordi- 
nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company 
shall  file  with  the  city  clerk  its  formal  acceptance  of  the  same,  and 
its  bond  as  hereinbefore  described ; 

Provided,  however,  that  if  said  acceptance  and  bond  shall  not  be 
filed,  as  aforesaid,  within  ninety  days  from  the  passage  hereof,  this 
ordinance  shall  be  void  and  of  no  effect. 

§ 542.  Chicago  Passenger  Railway  company. 


1 

I. 

Gran  t — term — route — fa  re . 

2. 

Tracks — how  laid — rails  used. 

3- 

Cars  and  carriages. 

1 

4- 

Street  improvements  and  repairs. 

5- 

Time  of  completion. 

6. 

Streets  restored — when. 

1 

7- 

Damages. 

1 

8. 

License  fee. 

1 

9- 

Indemnity  clause. 

1 

10. 

Bond. 

1 

11. 

When  to  take  effect — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  company  to 

lay  down  and  operate  tracks  on  sundry  streets.  (Passed  February  1,  1886. 

Accepted  March  8,  1886.) 

Tf  1.  Grant — term — route — fare.]  Be  it  ordained  by  the 

city  council  of  the  city  of  Chicago:  § 1.  That  in  consideration 
of  the  acceptance  hereof,  and  the  undertaking  of  the  Chicago 
Passenger  Railway  company  to  comply  with  the  provisions  herein 
contained,  consent,  permission  and  authority  are  hereby  granted 
to  said  company,  its  successors  and  assigns,  to  lay  down,  con- 
struct, maintain  and  operate,  for  the  period  of  twenty  years 
from  the  passage  hereof,  a double  or  single  track  railway,  with 
all  necessary  and  convenient  turn-outs,  turn-tables,  side-tracks 
and  switches,  in,  upon,  over,  and  along  all  the  following  described 
parts  of  streets  in  the  city  of  Chicago,  namely : On  Austin  avenue, 

from  Center  avenue  to  Desplaines  street;  on  Desplaines  street, 
from  Austin  avenue  to  Adams  street;  on  Franklin  street,  from 
Harrison  street  to  Washington  street;  said  tracks  to  be  connected 


§ 542] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1285 


at  the  intersection  of  Desplaines  street  with  Austin  avenue  and  Adams 
street,  and  at  the  intersections  of  Franklin  street  with  Harrison  street, 
Adams  street  and  Washington  street. 

The  rate  of  fare  for  carrying  passengers  on  said  railway  shall  not 
exceed  five  cents  for  each  passenger  for  any  continuous  travel  of  one 
trip. 

*T  2.  Tracks — how  laid,]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions,  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  street  as  practicable.  Section  1509  of  “The  Municipal 
Code  of  Chicago,”  of  1881  (§  1704,  1897),  shall  not  apply  to  the  rail- 
way tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfac- 
tory to  the  mayor,  and  shall  be  laid  under  his  direction. 

T 3.  Cars  and  carriages.]  § 3.  The  cars  or  carriages  to  be 
used  on  said  railways  shall  be  operated  by  animal  power'  only,  and 
shall  be  used  for  no  other  purpose  than  to  carry  passengers  and  their 
ordinary  baggagq. 

If  4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  parts  of  the  streets  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall 
be  laid,  and  sixteen  feet  in  width  where  double  track  shall  be  laid,  in 
good  condition  and  repair  during  all  the  time  to  which  the  privileges 
hereby  granted  shall  extend,  in  accordance  with  whatever  order,  ordi- 
nance or  regulation  may  be  passed  or  adopted  by  the  city  council  in 
relation  to  such  repairing;  and  when  any  new  improvement  shall  be 
ordered  by  the  city  council  of  the  said  parts. of  streets,  or  any  of  them, 
the  said  railway  company  shall,  in  the  manner  which  may  be  required 
of  the  owners  of  property  fronting  on  said  parts  of  streets,  or  any  of 
them,  make  such  new  improvements  for  the  width  of  eight  feet  where 
a single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid,  and  if  the  said  company  shall  refuse  or  fail 
so  to  do,  the  same  may  be  done  by  the  city,  and  the  company  shall  be 
liable  to  the  city  for  the  cost  thereof. 

^f  5.  Time  of  completion.]  § 5.  The  tracks  in  said  parts  of 
Austin  avenue,  Desplaines  street  and  Franklin  street  herein  authorized 
shall  be  laid  on  or  before  July  1st,  1888,  and  if  the  said  company  shall 
fail  to  complete  said  tracks  within  the  said  time,  the  rights  and  privi- 
leges hereby  granted  shall,  as  to  said  uncompleted  tracks,  cease  and 
determine. 

Provided,  that  if  the  said  company  shall  be  restrained  or  prevented 
from  proceeding  with  the  work  upon  said  railway  tracks  by  the  order 
or  writ  of  any  court  of  competent  jurisdiction,  the  time  during  which 
said  company  may  be  so  delayed,  shall  be  added  to  the  time  herein 
prescribed  for  the  completion  of  said  railway  tracks.  The  city  shall, 


1286 


STREET  RAILWAYS. 


[§  542 


however,  have  the  right  to  intervene  in  any  suit  for  an  injunction  to 
restrain  the  said  company,  as  aforesaid,  and  move  for  the  dissolution 
of  the  injunction,  in  case  such  suit  shall  be  deemed  collusive,  or  for  the 
purpose  of  delay  or  of  extending  the  time  for  the  completion  of  said 
tracks. 

1 6.  Streets  restored,  when.]  § 6.  When  the  right  of  said 
railway  company  to  operate  its  railways  on  said  parts  of  street^  shall 
cease  and  determine,  said  company  shall  remove  its  tracks  from  said 
parts  of  streets  and  put  the  said  parts  of  streets  from  which  said  tracks 
shall  be  removed  in  as  good  condition  as  the  adjacent  parts  of  said 
streets. 

If  7.  Damages.]  § 7.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  parts  of  streets  upon  or  over  which  its  road  may  be  construct- 
ed, which  said  owners  may  sustain  by  reason  of  the  location  or  con- 
struction of  said  road. 

®[T  8.  License  fee.]  § 8.  The  said  Chicago  Passenger  Rail- 
way Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  (50)  dollars,  and  no  more,  as 
an  annual  license  fee  for  each  and  every  car  used  by  said  company,  and 
in  the  manner  following:  In  computing  the  number  of  cars  upon 

which  such  license  charge  may  be  imposed,  thirteen  round  trips,  when 
the  car  is  used  in  the  transportation  of  passengers,  shall  be  taken  as 
equivalent  to  one  day’s  use  of  one  car;  one-thirteenth  of  such  round 
trips  during  each  quarter  shall  be  divided  by  the  number  of  days  in 
such  quarter,  such  quotient  shall  be  the  number  of  cars  subject  to  such 
license  fee.  The  president,  or  other  chief  officer  of  said  company  shall, 
under  oath,  make  report  quarter-yearly,  to  the  comptroller  of  the  city 
of  Chicago  of  the  whole  number  of  cars  so  run  by  said  company,  and 
at  the  same  time  pay  to  said  comptroller  twelve  dollars  and  a half 
($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed  in  this  sec- 
tion. The  first  quarter  shall  begin  on  the  first  day  upon  which  said 
company  shall  run  a car  or  cars  for  the  carriage  of  passengers. 

If  9.  Indemnity  clause.]  § 9.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs,  and  expenses 
of  the  same,  which  it  may  suffer  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance. 

T 10.  Bond.]  § 10.  The  Chicago  Passenger  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 


§ 343] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1287 


in  the  penal  sum  of  ten  thousand  (10,000)  dollars,  to  be  approved  by 
the  mayor,  conditioned  for  the  faithful  observance  and  performance  of 
the  provisions  and  conditions  of  this  ordinance  on  its  part  to  be  ob- 
served and  performed,  as  aforesaid. 

1*  11.  When  to  take  effect— acceptance.]  § 11.  This  ordi- 

nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company 
shall  file  with  the  city  clerk  its  formal  acceptance  of  the  same,  and  its 
bond  as  hereinbefore  described; 

Provided,  however,  that  if  said  acceptance  and  bond  shall  not  be 
filed,  as  aforesaid,  within  ninety  days  from  the  passage  hereof,  this 
ordinance  shall  be  void  and  of  no  effept. 

§ 543.  Chicago  Passenger  Railway  company. 


IT 

I. 

Grant — term — route — fare. 

IT 

2. 

Tracks — how  laid. 

nr 

3. 

Motive  power — carry  passengers  only. 

IT 

4- 

Street  repairs  and  improvements. 

IT 

5. 

Time  of  completion. 

IT 

6. 

Removal  of  tracks — streets  restored. 

€T 

7. 

Damages. 

IT 

8. 

License  fee. 

nr 

9- 

Indemnity  clause. 

nr 

10. 

Bond. 

*r 

11. 

When  to  take  effect — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  company  to 
lay  tracks  on  Michigan  avenue  between  Adams  and  Washington  streets. 
(Passed  February  1,  18S6.  Accepted  March  8,  1886.) 

1 1.  Grant — term— route— fare.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  and  the  undertaking  of  the  Chicago  Passenger  Railway 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate,  for 
the  period  of  twenty  years  from  the  passage  hereof,  a double  or  single 
track  railway,  with  all  necessary  and  convenient  turn-outs,  turn-tables, 
side-tracks  and1  switches,  in,  upon,  over  and  along  all  that  part  of 
Michigan  avenue  which  lies  between  Adams  street  and  Washington 
street,  said  tracks  to  be  connected  at  the  intersections  of  Michigan 
avenue  with  Adams  and  Washington  streets  with  other  tracks  of  said 
company  which  may  hereafter  be  laid.  The  rate  of  fare  for  carrying 
passengers  on  said  railway  shall  not  exceed  five  cents  for  each  passen- 
ger for  any  continuous  travel  of  one  trip. 

f 2.  Tracks— how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  street  as  practicable.  Section  1509  of  the  Municipal 


1288 


STREET  RAILWAYS. 


[§  543 


Code  of  Chicago  of  1881  (§  1704-1897)  shall  not  apply  to  the  railway 
tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory 
to  the  mayor,  and  shall  be  laid  under  his  direction. 

If  3.  Motive  power — carry  passengers  only.]  § 3.  The  cars  or 
carriages  to  be  used  on  said  railway  shall  be  operated  by  animal  power 
only,  and  shall  be  used  for  no  other  purpose  than  to  carry  passen- 
gers and  their  ordinary  baggage. 

If  4.  Street  repairs  and  improvements.]  § 4.  The  said  com- 
pany, as  to  the  parts  of  streets  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall 
be  laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid, 
in  good  condition  and  repair  during  all  the  time  to  which  the  privi- 
leges hereby  granted  shall  extend,  in  accordance  with  whatever  order, 
ordinance  or  regulation  may  be  passed  or  adopted  by  the  city  council 
in  relation  to  such  repairing;  and  when  any  new  improvement  shall 
be  ordered  by  the  city  council  of  the  said  part  of  said  street,  the  said 
railway  company  shall,  in  the  manner  which  may  be  required  of  the 
owners  of  property  fronting  on  said  part  of  said  street,  make  such  new 
improvements  for  the  width  of  eight  feet  where  a single  track  shall 
be  laid,  and  for  the  width  of  sixteen  feet  where  a double  track  shall  be 
laid;  and  if  the  said  company  shall  refuse  or  fail  so>  to  do,  the  same 
may  be  done  by  the  city,  and  the  company  shall  be  liable  to  the  city  for 
the  cost  thereof. 

Tf  5.  Time  of  completion.]  § 5.  The  tracks  in  said  parts  of 
Michigan  avenue  herein  authorized  shall  be  laid  on  or  before  July  1, 
1888,  and  if  the  said  company  shall  fail  to  complete  said  tracks  within 
the  said  time,  the  rights  and  privileges  hereby  granted  shall,  as  to  said 
uncompleted  tracks,  cease  and  determine; 

Provided,  that  if  the  said  company  shall  be  restrained  or  prevented 
from  proceeding  with  the  work  upon  said  railway  tracks,  by  the  order 
or  writ  of  any  court  of  competent  jurisdiction,  the  time  during  which 
said  company  may  be  so  delayed  shall  be  added  to  the  time  herein 
prescribed  for  the  completion  of  said  railway  tracks.  The  city  shall, 
however,  have  the  right  to  intervene  in  any  suit  for  an  injunction  to 
restrain  the  said  company  as  aforesaid,  and  move  for  the  dissolution 
of  the  injunction,  in  case  such  suit  shall  be  deemed  collusive,  or  for 
the  purpose  of  delay,  or  of  extending  the  time  for  the  completion  of 
said  tracks. 

1 6.  Removal  of  tracks— streets  restored.]  § 6.  When  the 
right  of  said  railway  company  to  operate  its  railways  on  said  part  of 
said  street  shall  cease  and  determine,  said  company  shall  remove  its 
tracks  from  said  part  of  street,  and  put  the  said  part  of  street  from 
which  said  tracks  shall  be  removed  in  as  good  condition  as  the  ad- 
jacent parts  of  said  street. 

1"  7.  Damages.]  § 7.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting 


543] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1289 


on  the  said  part  of  street  upon  or  over  which  its  road  may  be  con- 
structed which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 

T 8.  License  fee.]  § 8.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for  the 
use  of  said  city,  the  sum  of  fifty  dollars,  and  no  more,  as  an  annual 
license  fee,  for  each  and  every  car  used  by  said  company,  and  in  the 
manner  following:  In  computing  the  number  of  cars  upon  which  such 
license  charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is 
used  in  the  transportation  of  passengers,  shall  be  taken  as  equivalent 
to  one  day’s  use  of  one  car;  one-thinteenth  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter; 
such  quotient  shall  be  the  number  of  cars  subject  to  such  license  fee. 
The  president  or  other  chief  officer  of  said  company  shall,  under  oath, 
make  report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of 
the  whole  number  of  cars  so  run  by  said  company,  and  at  the  same  time 
pay  to  said  comptroller  twelve  dollars  and  a half  for  each  car,  to  be 
ascertained  as  above  prescribed  in  this  section.  The  first  quarter  shall 
begin  on  the  first  day  upon  which  said  company  shall  run  a car  or 
cars  for  the  carriage  of  passengers. 

If  9.  Indemnity  clause.]  § 9.  The  said  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees,  and  costs  and  expenses 
of  the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from, 
the  passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

1 10.  Bond.]  § 10.  The  Chicago  Passenger  Railway  Company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond,  in 
penal  sum  of  ten  thousand  dollars,  to  be  approved  by  the  mayor,  con- 
ditioned for  the  faithful  observance  and  performance  of  the  provisions 
and  conditions  of  this  ordinance  on  its  part  to  be  observed  and  per- 
formed as  aforesaid. 

If  11,  When  to  take  effect— acceptance.]  § 11.  This  ordi- 
nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company  shall 
file  with  the  city  clerk  its  formal  acceptance  of  the  same,  and  its  bond 
as  hereinbefore  prescribed;  Provided,  however,  that  if  said  acceptance 
and  bond  shall  not  be  filed,  as  aforesaid,  within  ninety  days  from  the 
passage  hereof,  this  ordinance  shall  be  void  and  of  no  effect. 

Note. — See  ordinance  dated  March  21st,  1887. 


1290 


STREET  RAILWAYS.- 


[§  544 


§ 544.  Chicago  Passenger  Railway  company 

1.  Grant — term — route — fare. 

2.  Tracks — how  laid — rails. 

3.  Motive  power — passenger  traffic, 
if  4-  Street  improvements  and  repairs, 
it  5.  Time  of  completion. 

it  6.  Streets  restored — when. 

^t  7.  Damages, 
it  8.  License  fee. 
ir  9.  Indemnity  clause, 
it  10.  Bond. 

it  11.  When  to  take  effect — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  company  to 

lay  down  tracks  on  sundry  streets  and  to  use  Washington  street  tunnel. 

^ (Passed  February  1,  1886.  Accepted  March  8,  1886.) 

If  1.  Grant— term— route— fare.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof,  and  the  undertaking  of  the  Chicago  Passenger 
Railway  Company  to  comply  with  the  provisions  herein  contained, 
consent,  permission  and  authority  are  hereby  granted  to  said  com- 
pany, its  successors  and  assigns,  to  lay  down,  construct,  maintain  and 
operate,  for  the  period  of  twenty  years  from  the  passage  hereof,  a dou- 
ble or  single  track  railway,  with  all  necessary  and  convenient  turn- 
outs, turn-tables,  side-tracks  and  switches,  in,  upon,  over,  and  along 
all  of  the  following  described  parts  of  streets  in  the  city  of  Chicago, 
namely:  On  North  Ashland  avenue,  from  North  Avenue  to  Erie 
street;  on  Erie  street,  from  North  Ashland  avenue  to  North  Center 
avenue;  on  North  Center  avenue,  from  Erie  street  to  Austin  avenue; 
and  on  Washington  street,  from  Desplaines  street  to  Michigan  avepue, 
including  the  tunnel  under  the  Chicago  river;  said  tracks  to  be  con- 
nected at  the  intersections  of  Erie  street  with  North  Ashland  avenue 
and  North  Center  avenue.  The  tracks  in  the  tunnel  shall  be  so  laid 
and  the  cars  in  passing  through  the  tunnel  so  operated  as  not  to  delay 
unnecessarily  public  travel.  The  rate  of  fare  for  carrying  passengers 
on  said  railway  shall  not  exceed  five  cents  for  each  passenger  for  any 
continuous  travel  of  one  trip. 

If  2.  Tracks — how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions,  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  street  as  practicable. 

Section  1509  of  “The  Municipal  Code  of  Chicago,”  of  1881  (§  1704- 
1897),  shall  not  apply  to  the  railway  tracks  herein  authorized,  but  the 
rails  to  be  used  shall  be  satisfactory  to  the  mayor,  and  shall  be  laid 
under  his  direction. 

If  3.  Motive  power — passenger  traffic.]  § 3.  The  cars  or  car- 
riages to  be  used  on  said  railway  shall  be  operated  by  animal  power 


544] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1291 


only,  and  shall  be  used  for  no  other  purpose  than  to  carry  passengers 
and  their  ordinary  baggage. 

4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  parts  of  streets  in  and  upon  which  its  said  railway  may 
be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall  be 
laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  in 
good  condition  and  repair  during  all  the  time  to  which  the  privileges 
hereby  granted  shall  extend,  in  accordance  with  whatever  order,  ordi- 
nance or  regulation  may  be  passed  or  adopted  by  the  city  council  in 
relation  to  such  repairing;  and  when  any  new  improvement  shall  be 
ordered  by  the  city  council  of  the  said  parts  of  streets,  or  any  of  them, 
the  said  railway  company  shall,  in  the  manner  which  may  be  required 
of  the  owners  of  property  fronting  on  said  parts  of  streets,  or  any  of 
them,  make  such  new  improvements  for  the  width  of  eight  feet  where 
a single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid;  and  if  the  said  company  shall  refuse  or  fait 
so  to  do  the  same  may  be  done  by  the  city,  and  the  company  bhall  be 
liable  to  the  city  for  the  cost  thereof. 

T 5.  Time  of  completion.]  § 5.  The  tracks  in  said  parts  of 
North  Ashland  avenue,  Erie  street,  North  Center  avenue,  and  Wash- 
ington street,  herein  authorized,  shall  be  laid  on  or  before  July  1st, 
1888,  and  if  the  said  company  shall  fail  to  complete  said  tracks  within 
the  said  time,  the  rights  and  privileges  hereby  granted  shall,  as  to  said 
uncompleted  tracks,  cease  and  determine. 

Provided,  that  if  the  said  company  shall  be  restrained  or  prevented 
from  proceeding  with  the  work  upon  said  railway  tracks  by  the  order 
or  writ  of  any  court  of  competent  jurisdiction,  the  time  during  which 
said  company  may  be  so  delayed  shall  be  added  to  the  time  herein 
prescribed  for  the  completion  of  said  railway  tracks.  The  city  shall, 
however,  have  the  right  to  intervene  in  any  suit  for  an  injunction  to 
restrain  the  said  company,  as  aforesaid,  and  move  for  the  dissolution 
of  the  injunction,  in  case  such  suit  shall  be  deemed  collusive,  or  for  the 
purpose  of  delay  or  of  extending  the  time  for  the  completion  of  said 
tracks. 

*f  6.  Streets  restored-  when.]  § 6.  When  the  right  of  said 
railway  company  to  operate  its  railways  on  said  parts  of  streets  shall 
cease  and  determine,  said  company  shall  remove  its  tracks  from  said 
parts  of  streets  and  put  the  said  parts  of  streets  from  which  said  tracks 
shall  be  removed  in  as  good  condition  as  the  adjacent  parts  of  said 
streets. 

IT  7.  Damages.]  § 7.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  parts  of  streets  upon  or  over  which  its  road  may  be  construct- 
ed, which  said  owners  may  sustain  by  reason  of  the  location  or  con- 
struction of  said  road. 


1292 


STREET  RAILWAYS. 


If  8.  License  fee.]  § 8.  The  said  Chicago  Passenger  Rail- 
way Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  (50)  dollars,  and  no  more,  as 
an  annual  license  fee  for  each  and  every  car  used  by  said  company, 
in  the  manner  following:  In  computing  the  number  of  cars  upon  which 
such  license  charge  may  be  imposed,  thirteen  round  trips,  when  the 
car  is  used  in  the  transportation  of  passengers,  shall  be  taken,  as  equiv- 
alent to  one  day’s  use  of  one  car;  one-thirteefith  of  such  round  trips 
during  each  quarter  shall  be  divided  by  the  number  of  days  in  such 
quarter;  such  quotient  shall  be  the  number  of  cars  subject  to 
such  license  fee.  The  president,  or  other  chief  officer  of  said  com- 
pany, shall,  under  oath,  make  report  quarter-yearly  to  the  comptroller 
of  the  city  of  Chicago  of  the  whole  number  of  cars  so  run  by  said  com- 
pany, and  at  the  same  time  pay  to  said  comptroller  twelve  dollars  and 
a half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed  in 
this  section.  The  first  quarter  shall  begin  on  the  first  day  upon  which 
said  company  shall  run  a car  or  cars  for  the  carriage  of  passengers. 

If  9.  Indemnity  clause.]  § 9.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs,  and  expenses 
of  the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for  or  by  reason  of  or  growing  out  of  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance. 

*f  10.  Bond.]  § 10.  The  Chicago  Passenger  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  ten  thousand  (10,006)  dollars,  to  be  approved  by 
the  commissioner  of  public  works,  conditioned  for  the  faithful  observ- 
ance and  performance  of  the  provisions  and  conditions  of  this  ordi- 
nance on  its  part,  to  be  observed  and  performed  as  aforesaid. 

If  11.  When  to  take  effect— acceptance.]  § 11.  This  ordi- 

nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company 
shall  file  with  the  city  clerk  its  formal  acceptance  of  the  same,  and  its 
bond  as  hereinbefore  prescribed. 

Provided,  however,  that  if  said  acceptance  and  bond  shall  not  be 
filed,  as  aforesaid,  within  ninety  days  from  the  passage  hereof,  this 
ordinance  shall  be  void  and  of  no  effect. 

Note. — See  following  ordinance  amendatory  as  to  repair  of  road- 
way in  tunnel. 


§ § 545)  546]  CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1293 


§ 545.  Chicago  Passenger  Railway  company. 

•{[  1.  As  amended. 

An  ordinance  amending  an  ordinance  granting  authority  to  the  Chicago  Passen- 
ger Railway  company  to  lay  down  tracks  on  sundry  streets  and  to  use  Wash- 
ington street  tunnel.  (Passed  February  8,  1886.) 

If  1.  Amending  section  4.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  section  four  of  the  ordinance  passed 
February  1,  1886,  granting  to  the  Chicago  Passenger  Railway  Com- 
pany the  right  to  lay  its  tracks  upon  certain  streets,  and  through  the 
tunnel  under  the  Chicago  river,  at  Washington  street,  be  and  said  sec- 
tion is  hereby  amended  so  as  to  read  as  follows : 

% 2.  Section  4 as  amended.]  § 4.  The  said  company,  as  to 
the  parts  of  streets  in  and  upon  which  its  said  railway  may  be  laid,  and 
as  to  said  tunnel,  shall  keep  eight  feet  in  width  where  a single  track 
shall  be  laid,  and  sixteen  feet  in  width  where  a double  track  shall  be 
laid,  in  good  condition  and  repair  during  all  the  time  to  which  the 
privileges  hereby  granted  shall  extend,  in  accordance  with  whatever 
order,  ordinance  or  regulation  may  be  passed  or  adopted  by  the  city 
council  in  relation  to  such  repairing;  and  when  any  new  improvement 
shall  be  ordered  by  the  city  council  of  the  said  streets,  or  any  of  them, 
the  said  railway  company  shall,  in  the  manner  which  may  be  required 
of  the  owners  of  property  fronting  on  said  parts  of  streets,  or  any  of 
them,  make  such  new  improvements  for  the  width  of  eight  feet  where 
a single  track  shall  be  laid  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid,  and  said  company  shall  make,  for  the  same 
width,  any  new  improvement  of  the  road-way  of  said  tunnel  as  may 
be  required  by  said  city  council;  and  if  said  company  shall  refuse  or 
fail  so  to  do  the  same  may  be  done  by  the  city,  and  the  company  shall 
be  liable  to  the  city  for  the  cost  thereof.  Nothing  in  this  ordinance 
contained  shall  be  construed  as  imposing  any  obligation  or  duty  upon 
the  city  of  Chicago  concerning  the  repair  or  maintenance  of  said 
Washington  street  tunnel. 

§ 546.  Chicago  Passenger  Railway  company. 

1.  Preamble. 

TT  2.  Release  from  obligation  to  build  on  Western  avenue  and  on 
Twelfth  street. 

*TT  3-  Street  improvement  and  repair. 

,4.  When  to  take  effect — acceptance. 

An  ordinance  modifying  terms  of  ordinance  of  April  21,  1884,  to  the  Chicago 
Horse  and  Dummy  Railway  company  (now  the  Chicago  Passenger  Railway 
company)  as  to  Western  avenue  and  Twelfth  street.  (Passed  February  8, 
1886.  Accepted  March  8,  1886.) 

T 1.  Preamble.]  Whereas,  by  a certain  ordinance  passed  hereto- 
fore, to-wit,  April  21,  1884,  consent  and  permission  were  granted  to 
the  Chicago  Horse  and  Dummy  Railway  Company,  now  known  as  the 
Chicago  Passenger  Railway  Company,  to  construct,  maintain  and  op- 


1294 


STREET  RAILWAYS. 


erate  a double-track  railway  on  certain  parts  of  streets,  among  which 
are  all  that  part  of  Western  avenue  between  the  north  line  of  Harrison 
street  and  the  south  line  of  Twelfth  street,  and  all  that  part  of  Twelfth 
street  between  the  east  line  of  Western  avenue  and  Crawford  avenue; 
and,  whereas,  t>y  said  ordinance  the  time  for  the  laying  of  said  railway 
track  is  limited  to  and  will  expire  July  i,  1886;  and,  whereas,  said  parts 
of  streets  are  unimproved,  and  it  is  desirable  that  the  said  railway  track 
shall  not  be  laid  in  the  same  before  the  same  shall  be  paved  or  other- 
wise improved;  therefore, 

*ff  2.  Release  from  obligation  to  build  on  Western  avenue 
and  on  Twelfth  street.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  it  shall  not  be  necessary  or  obligatory  on 

the  Chicago  Passenger  Railway  Company  to  lay  down  or  construct  its 
railway  tracks  on  that  part  of  Western  avenue  between  the  north  line 
of  Harrison  street  and  the  south  line  of  Twelfth  street,  or  on  that  part 
of  Twelfth  street  between  the  east  line  of  Western  avenue  and  Craw- 
ford avenue,  until  such  time  as  the  said  parts  of  streets  shall  be  ordered 
paved  or  otherwise  improved  by  this  council;  and  the  said  Chicago 
Passenger  Railway  Company,  formerly  known  as  the  Chicago  Horse 
and  Dummy  Railway  Company,  shall  lay  its  railway  tracks  in  said 
parts  of  street  at  the  time  when,  and  while,  the  roadway  of  said  parts 
of  streets  are  being  paved  or  otherwise  improved  by  the  order  or  under 
the  authority  of  this  council. 

1 3.  Street  improvement  and  repair.]  § 2.  When  the  said 
parts  of  streets,  or  either  of  them,  shall  be  ordered  to.be  paved  or  other- 
wise improved  by  the  city  council,  the  said  Chicago  Passenger  Railway 
Company  shall,  in  the  manner  required  of  the  owners  of  property  front- 
ing on  said  parts  of  streets,  or  either  of  them,  make  such  new  improve- 
ments of  the  width  of  eight  feet  where  a single  track  shall  be  laid;  and 
of  the  width  of  sixteen  feet  where  a double  track  shall  be  laid;  and  if  the 
said  company  shall  fail  or  refuse  so  to  do,  the  same  may  be  done  by  the 
city,  and  the  said  company  shall  be  liable  for  and  pay  the  cost  thereof. 

% 4.  When  to  take  effect — acceptance.]  § 3.  This  ordinance 
shall  be  in  effect  from  and  after  its  acceptance  by  the  Chicago  Passen- 
ger Railway  Company;  Provided,  that  if  it  shall  not  be  so  accepted 
within  twenty  days  from  its  passage  it  shall  be  null,  void  and  of  no 
effect. 

§ 547.  Chicago  Passenger  Railway  company. 

If  1.  Grant — term — fare. 

• IT  2.  Tracks — how  laid. 

■ff  3.  Motive  power — passenger  traffic. 

If  4.  Street  improvements  and  repairs. 

if  5.  Time  of  completion — limitation. 

if  6.  Removal  of  tracks— restoration  of  streets. 

^f  7.  Damages, 
if  8.  License  fee. 
if  9.  Indemnity  clause. 


§ 547] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1295 


IT  io.  Bond. 

ii.  When  to  take  effect — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  company  to 
lay  down  and  operate  tracks  in  Sangamon  street.  (Passed  March  22,  1886.) 

If  1.  Grant— term — fare.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 

and  the  undertaking  of  the  Chicago  Passenger  Railway  Company  to 
comply  with  the  provisions  herein  contained,  consent,  permission  and 
authority  are  hereby  granted  to  said  company,  its  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate,  for  the  period  of 
twenty  years  from  the  passage  hereof,  a double  or  single  track  rail- 
way with  all  necessary  and  convenient  turnouts,  turntables,  side  tracks 
and  switches  in,  upon,  over  ana  along  all  that  part  of  Sangamon  street 
which  lies  between  Austin  avenue  and  Adams  street,  said  tracks  to  be 
connected  at  the  intersections  of  Sangamon  street  with  Austin  avenue 
and  Adams  street  with  other  tracks  of  said  company  which  may  here- 
after be  laid.  The  rate  of  fare  for  carrying  passengers  on  said  railway 
shall  not  exceed  five  cents  for  each  passenger  for  any  continuous  travel 
of  one  trip. 

T 2.  Tracks — how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern,  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all  di- 
rections, without  obstruction,  and  shall  also  be  laid  as  near  to  the  cen- 
ter of  the  street  as  practicable.  Section  1509  of  “the  municipal  code 
of  Chicago/’  of  1881  (§  1704-1897)  shall  not  apply  to  the  railway  tracks 
herein  authorized  ; but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor,  and  shall  be  laid  under  his  direction. 

IT  3.  Motive  power — passenger  traffic.]  § 3.  The  cars  or  car- 
riages to  be  used  on  said  railway  shall  be  operated  by  animal  power 
only,  and  shall  be  used  for  no  other  purpose  than  to  carry  passengers 
and  their  ordinary  baggage. 

% 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall 
be  laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  in 
good  condition  and  repair  during  all  the  time  to  which  the  privileges 
hereby  granted  shall  extend,  in  accordance  with  whatever  order,  ordi- 
nance or  regulation  may  be  passed  or  adopted  by  the  city  council  in 
relation  to  such  repairing;  and  when  any  new  improvement  shall  be 
ordered  by  the  city  council  of  the  said  part  of  said  street  the  said  rail- 
way company  shall,  in  the  manner  which  may  be  required  of  the  own- 
ers of  property  fronting  on  said  part  of  said  street,  make  such  new 
improvements  for  the  width  of  eight  feet  where  a single  track  shall  be' 
laid,  and  for  the  width  of  sixteen  feet  where  a double  track  shall  be 
laid;  and  if  the  said  company  shall  refuse  or  fail  so  to  do,  the  same 


1296  STREET  RAILWAYS.  [§  547 

may  be  done  by  the  city,  and  the  company  shall  be  liable  to  the  city  for 
the  cost  thereof. 

If  5.  Time  of  completion— limitation.]  § 5.  The  tracks  in 

said  part  of  Sangamon  street  herein  authorized  shall 

be  laid  on  or  before  December  1st,  1888;  and  if  the  said  company 
shall  fail  to  complete  said  tracks  within  the  said  time,  the 
rights  and  privileges  hereby  granted  shall,  as  to  said 
uncompleted  tracks,  cease  and  determine;  Provided,  that  if  the 
said  company  shall  be  restrained  or  prevented  fro^n  proceeding  with 
the  work  upon  said  railway  tracks,  by  the  order  or  writ  of  any  court 
of  competent  jurisdiction,  the  time  during  which  said  company  may  be 
so  delayed  shall  be  added  to  the  time  herein  prescribed  for  the  comple- 
tion of  said  railway  tracks.  The  city  shall,  however,  have  the  right 
to  intervene  in  any  suit  for  an  injunction  to  restrain  the  said  company, 
as  aforesaid,  and  move  for  the  dissolution  of  the  injunction,  in  case 
such  suit  shall  be  deemed  collusive,  or  for; the  purpose  of  delay,  or  of 
extending  the  time  for  the  completion  of  said  tracks. 

®[f  6.  Removal  of  tracks — restoration  of  street.]  § 6.  When 
the  right  of  said  railway  company  to  operate  its  railways  on  said  part 
of  said  street  shall  cease  and  determine,  said  company  shall  remove  its 
tracks  from  said  part  of  said  street,  and  put  the  said  part  of  said  street 
from  which  said  tracks  shall  be  removed  in  as  good  condition  as  the 
adjacent  parts  of  said  street. 

If  7.  Damages.]  § 7.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  part  of  said  street,  upon  or  over  which  its  road  may  be  con- 
structed, which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 

If  8.  License  fee.j  § 8.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for  the 
use  of  said  city,  the  sum  of  fifty  dollars  and  no  more,  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company,  and  in  the 
manner  following:  In  computing  the  number  of  cars  upon  which  such 

license  charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is 
used  in  the  transportation  of  passengers,  shall  be  taken  as  equivalent 
to  one  day’s  use  of  one  car,  one-thirteenth  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter, 
such  quotient  shall  be  the  number  of  cars  subject  to  such  license  fee. 
The  president  or  other  chief  officer  of  said  company  shall,  under  oath, 
make  report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago, 
of  the  whole  number  of  cars  so  run  by  said  company,  and  at  the  same 
time  pay  to  said  comptroller  twelve  dollars  and  a half  for  each  car,  to 
be  ascertained  as  above  prescribed  in  this  section.  The  first  quarter 
shall  begin  on  the  first  day  upon  which  said  company  shall  run  a car 
or  cars  for  the  carriage  of  passengers. 

T 9.  Indemnity  clause.]  § 9.  The  said  company  shall  forever 


§ 54&]  CHICAGO  PASSENGER  RAILWAY  COMPANY.  1297 

indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges, 
or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

1 10.  Bond  .]  § io.  The  Chicago  Passenger  Railway  Company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in  the 
penal  sum  of  ten  thousand  dollars,  to  be  approved  by  the  mayor,  con- 
ditioned for  the  faithful  observance  and  performance  of  the  provisions 
and  conditions  of  this  ordinance,  on  its  part  to  be  observed  and  per- 
formed, as  aforesaid. 

T1  11.  When  to  take  effect — acceptance.]  § n.  This  ordi- 
nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company  shall 
file  with  the  city  clerk  its  formal  acceptance  of  the  same,  and  its  bond 
as  hereinbefore  prescribed; 

Provided,  however,  that  if  said  acceptance  and  bond  shall  not  be 
filed,  as  aforesaid,  within  ninety  days  from  the  passage  hereof,  this  or- 
dinance shall  be  void  and  of  no  effect. 

§ 548.  Chicago  Passenger  Railway  company. 

1.  Grant — route— term — fare. 

Hi  2.  Tracks — how  laid. 

Hi  3-  Motive  power — passenger  traffic. 

Ht  4-  Street  improvements  and  repairs. 

Hi"  5-  Time  of  construction — limitation. 

Ht  6.  Cessation  of  grant — restoration  of  streets. 

ir  7-  Damages. 

IT  8.  License  fee. 

H[  9.  Indemnity  clause. 

nr  10.  Bond. 

Hi  11.  When  to  take  effect — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  company  to 

operate  a street  railway  on  Adams  street  from  Clark  street  to  Michigan  ave- 
nue. (Passed  April  8,  1886.  Accepted  May  10,  1886.) 

If  1.  Grant — route — term — fare.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § I.  That,  in  consideration  of  the 

acceptance  hereof  and  the  undertaking  of  the  Chicago  Passenger  Rail- 
way Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate,  for 
the  period  of  twenty  years  from  the  passage  hereof,  a double  or  single 
track  railway,  with  all  necessary  and'  convenient  turnouts,  turntables, 
side  tracks  and  switches,  in,  upon,  over  and  along  all  the  following 
described  parts  of  streets  in  the  city  of  Chicago,  namely:  On  Adams 


82 


1298 


STREET  RAILWAYS. 


[§  548 


street,  from  the  west  line  of  Clark  street  to  Michigan  avenue,  said 
tracks  to  be  connected  at  the  intersection  of  Adams  street  with  Michi- 
gan avenue  with  other  tracks  of  said  company  which  may  hereafter 
be  laid  on  said  Michigan  avenue.  The  rate  of  fare  for  carrying  pas- 
sengers on  said  railway  shall  not  exceed'  five  cents  for  each  passenger 
for  any  continuous  travel  of  one  trip. 

If  2.  Tracks — how  laid.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all  di- 
rections without  obstruction,  and  shall  also  be  laid  as  near  to  the  center 
of  the  street  as  practicable.  Section  1509  of  the  municipal  code  of 
Chicago  (§  1704-1897)  of  1881  shall  not  apply  to  the  railway  tracks 
herein  authorized;  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor,  and  shall  be  laid  under  his  direction. 

If  3.  Motive  power — passenger  traffic.]  § 3.  The  cars  or  car- 
riages to  be  used  on  said  railway  shall  be  operated  by  animal  power 
only,  and  shall  be  used  for  no  other  purpose  than  to  carry  passengers 
and  their  ordinary  baggage. 

1 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  street  in  and  upon  which  its  said  railway  may  be 
laid,  shall  keep  eight  feet  in  width  where  a single  track  shall  be  laid,  and 
sixteen  feet  in  width  where  a double  track  shall  be  laid,  in  good  condi- 
tion and  repair  during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extend  in  accordance  with  whatever  order,  ordinance  or 
regulation  may  be  passed  or  adopted  by  the  city  council  in  relation  to 
such  repairing;  and  when  any  new  improvement  shall  be  ordered  by 
the  city  council  of  the  said  parts  of  street,  or  any  of  them  the  said  rail- 
way company  shall,  in  the  manner  which  may  be  required  of  the  own- 
ers of  property  fronting  on  said  parts  of  street,  or  any  of  them,  make 
such  new  improvements  for  the  width  of  eight  feet  where  a single  track 
shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a double  track 
shall  be  laid ; and  if  the  said  company  shall  refuse  or  fail  so  to  do,  the 
same  may  be  done  by  the  city,  and  the  company  shall  be  liable  to  the 
city  for  the  cost  thereof. 

f 5.  Time  of  completion— limitation.]  § 5.  The  tracks  on 
said  part  of  Adams  street  herein  authorized  shall  be  laid  within  two  (2) 
years  from  the  acceptance  of  this  ordinance;  and  if  the  said  company 
shall  fail  to  complete  said  tracks  within  the  said  time,  the  rights  and 
privileges  hereby  granted  shall,  as  to  said  uncompleted  tracks,  cease 
and  determine;  Provided,  that  if  the  said  company  shall  be  restrained 
or  prevented  from  proceeding  with  the  work  upon  said  railway  tracks 
by  the  order  or  writ  of  any  court  of  competent  jurisdiction,  the  time 
during  which  said  company  may  be  so  delayed  shall  be  added  to  the 
time  herein  prescribed  for  the  completion  of  said  railway  tracks.  The 
city  shall,  however,  have  the  right  to  intervene  in  any  suit  for  an  in- 


548] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1299 


junction  to  restrain  the  said  company,  as  aforesaid,  and  move  for  the 
dissolution  of  the  injunction  in  case  such  a suit  shall  be  deemed  col- 
lusive, or  for  the  purpose  of  delay,  or  of  extending  the  time  for  the 
completion  of  said  tracks. 

T 6.  Cessation  of  grant — restoration  of  street.]  § 6.  When 
the  right  of  said  railway  company  to  operate  its  railways  on  said  parts 
of  street  shall  cease  and  determine,  said  company  shall  remove  its 
tracks  from  said  parts  of  street,  and  put  the  said  parts  of  said  street 
from  which  said  tracks  shall  be  removed  in  as  good  condition  as  the 
adjacent  parts  of  said  street. 

1”  7.  Damages.]  § 7.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  parts  of  streets  upon  or  over  which  its  road  may  be  construct- 
ed, which  said  owners  may  sustain  by  reason  of  the  location  or  con- 
struction of  said  road. 

If  8.  License  fee.]  § 8.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago  for  the 
use  of  said  city,  the  sum  of  fifty  dollars,  and  no  more,  as  an  annual  li- 
cense fee  for  each  and  every  car  used  by  said  company  in  the  manner 
following:  In  computing  the  number  of  cars  upon  which  such  license 
charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is  used  in 
the  transportation  of  passengers,  shall  be  taken  as  equivalent  to  one 
day’s  use  of  one  car,  one-thirteenth  of  such  round  trips  during  each 
quarter  shall  be  divided  by  the  number  of  days  in  such  quarter,  such 
quotient  shall  be  the  number  of  cars  subject  to  such  license  fee.  The 
president  or  other  chief  officer  of  said  company  shall,  under  oath,  make 
report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the 
Whole  number  of  cars  so  run  by  said  company,  and  at  the  same  time 
pay  to  said  comptroller  twelve  dollars  and  a half  for  each  car,  to  be  as- 
certained as  above  prescribed  in  this  section.  The  first  quarter  shall 
begin  on  the  first  day  upon  which  said  company  shall  run  a car,  or  cars, 
for  the  carriage  of  passengers. 

1 9.  Indemnity  clause.]  § 9.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs,  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges, 
or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

T 10.  Bond.]  § 10.  The  Chicago  Passenger  Railway  Company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in  the 
penal  sum  often  thousand  dollars,  to  be  approved  by  the  commissioner 
of  public  works,  conditioned  for  the  faithful  observance  and  perform- 


1300 


STREET  RAILWAYS. 


ance  of  the  provisions  and  conditions  of  this  ordinance,  on  its  part  to 
be  observed  and  performed,  as  aforesaid. 

If  11.  When  to  take  effect— acceptance] . § n.  Th'is  ordi- 

nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company 
shall  file  with  the  city  clerk  its  formal  acceptance  of  the  same  and  its 
bond,  as  hereinbefore  prescribed. 

Provided,  however,  that  if  said  acceptance  and  bond  shall  not  be 
filed,  as  aforesaid,  within  ninety  days  from  the  passage  hereof,  this  or- 
dinance shall  be  void  and  of  no  effect. 

Note. — See  ordinance  dated  March  21,  1887. 

§ 549.  Chicago  Passenger  Railway  company. 

^f  1.  Preamble — naming  routes. 

*[]  2.  Grant — route. 

IT  3.  Bond. 

If  4.  When  to  take  effect — acceptance. 

An  ordinance  reaffirming  certain  grants  heretofore  made,  and  renewing  the  per 
mission  and  authority  to  the  Chicago  Passenger  Railway  company  to  lay- 
down and  operate  a railway  in  and  upon  certain  streets  in  the  city  of  Chi- 
cago. (Passed  Marcii  21,  1887.  Accepted  March  28,  1887.) 

IT  1.  Preamble — naming  routes.]  Whereas,  the  city  of  Chicago, 
by  an  ordinance  passed  April  21st,  1884,  granted  to  the  Chicago  Horse 
and  Dummy  Railway  Company,  its  successors  and  assigns,  consent, 
authority  and  permission  to  construct  a single  or  double  track  railway 
upon  all  that  portion  of  Adams  street,  including  the  bridge  across  the 
Chicago  river  in  the  city  of  Chicago,  between  Clark  street  and  a point 
five  hundred  feet  west  of  Desplaines  street;  and  upon  all  that  portion 
of  Desplaines  street  lying  between  Adams  street  and  the  south  line  of 
Harrison  street,  and  upon  all  that  portion  of  Harrison  street  lying  be- 
tween the  east  line  of  Desplaines  street  and  the  west  line  of  Western 
avenue,  and  upon  all  that  portion  of  Western  avenue  lying  between  the 
north  line  of  Harrison  street  and  the  south  line  of  Twelfth  street,  and 
upon  all  that  portion  of  Twelfth  street  lying  between  the  east  line  of 
Western  avenue  and  Crawford  avenue,  upon  certain  terms  and  condi- 
tions in  the  said  ordinances  mentioned,  as  by  the  said  ordinances  to 
which  reference  is  hereby  made,  will  more  fully  appear;  and,  Whereas, 
the  name  of  the  said  Horse  and  Dummy  Railway  Company  was  after- 
wards, to-wit,  on  the  7th  day  of  July,  1885,  changed  to  that  of  the  Chi- 
cago Passenger  Railway  Company;  and,  Whereas,  the  city  of  Chicago, 
by  an  ordinance  passed  April  8,  1886,  granted  to  the  Chicago  Passen- 
ger Railway  Company,  its  successors  and  assigns,  consent,  permission 
and  authority  to  construct,  maintain  and  operate  a single  or  double 
track  railway  upon  Adams  street,  from  the  west  line  of  Clark  street 
to  Michigan  avenue,  said  tracks  to  be  connected  at  the  intersection  of 
Adams  street  and  Michigan  avenue  with  other  tracks  of  the  said  Chi- 
cago Passenger  Railway  Company,  which  might  thereafter  be  laid  up- 
on Michigan  avenue,  upon  certain  terms  and  conditions  in  the  said  or- 


[§  549] 


CHICAGO  PASSENGER  RAILWAY  COMPANY. 


1301 


dinance  mentioned,  as  by  the  said  ordinance  hereby  referred  to,  will 
more  fully  appear;  and,  Whereas,  the  city  of  Chicago,  by  an  ordinance 
passed  February  1st,  1886,  granted  to  the  said  Chicago  Passenger 
Railway  Company,  its  successors  and  assigns,  consent,  permission  and 
authority  to  construct  a double  or  single  track  railway  upon  all  that 
part  of  Michigan  avenue  which  lies  between  Adams  street  and  Wash- 
ington street,  upon  certain  terms  and  conditions  in  the  said  ordinance 
mentioned,  as  by  the  said  ordinance  hereby  referred  to,  will  more  fully 
appear;  and,  Whereas,  it  has  been  suggested  that  the  owners  of  the 
land  representing  more  than  one-half  of  the  frontage  of  some  of  said 
streets,  or  so  much  thereof  as  was  sought  to  be  used  for  railroad  pur- 
poses in  the  said  ordinances  respectively  mentioned,  did  not  petition 
for  or  consent  to  the  passage  of  the  said  respective  ordinances  before 
or  at  the  time  of  the  passage  of  the  same  respectively;  and,  Whereas, 
the  said  Chicago  Passenger  Railway  Company  has  now  procured  peti- 
tions for  or  consents  to  the  passage  of  an  ordinance  authorizing  the 
use  of  and  the  right  to  lay  down,  maintain  and  operate  a single  or 
double  railroad  track  in  the  said  streets  in  the  said  ordinances  respect- 
ively mentioned,  or  so  much  thereof  as  is  sought  to  he  used  for  rail- 
road purposes  by  the  owners  of  the  land  representing  more  than  one- 
half  of  the  frontage  of  the  said  streets,  or  so  much  thereof  as  is  sought 
to  be  used  for  railroad,  purposes,  so  that  the  said  Chicago  Passenger 
Railway  Company  has  now  the  petition  for  or  consent  of  the  owners 
of  the  land  representing  more  than  one-half  of  the  frontage  of  all  of 
the  streets  therein  mentioned,  or  so  much  thereof  as  is  sought  to  be 
used  for  railroad  purposes  in  the  respective  ordinances  respectively 
mentioned;  and,  Whereas,  the  said  Chicago  Passenger  Railway  Com- 
pany has  given  more  than  ten  days’  notice  of  the  time  and  place  of  pre- 
senting a petition  for  the  passage  of  this  ordinance  by  publication  of 
said  notice  in  the  Chicago  Evening  Telegram,  published  in  the  city  of 
Chicago;  therefore, 

*[f  2.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  the  said  respective  ordinances  are  hereby 

respectively  confirmed;  and  consent,  permission  and  authority  is  here- 
by granted  to  the  said  Chicago  Passenger  Railway  Company,  its  suc- 
cessors and  assigns,  to  construct,  maintain  and  operate  a single  or 
double  track  railway  in,  upon  and  along  the  said  streets  or  parts  of 
streets  in  the  said  respective  ordinances  respectively  mentioned  in  the 
same  manner  and  upon  the  terms  and  conditions  as  in  the  said  re- 
spective ordinances  respectively  mentioned,  with  the  same  liabilities 
and  restrictions  and  duties  on  the  part  of  the  said  Chicago  Passenger 
Railway  Company  as  are  imposed  by  the  said  several  ordinances. 

3.  Bond.]  § 2.  The  Chicago  Passenger  Railway  Company 
shall  execute  to  the  city  of  Chicago  its  bond,  in  the  penal  sum  of  ten 
thousand  dollars,  to  be  approved  by  the  mayor,  conditioned  for  the 
faithful  observance  and  performance  of  the  provisions  and  conditions 


1302  STREET  RAILWAYS.  [§  550 

of  this  ordinance,  on  its  part  to  be  observed  and  performed,  as  afore- 
said. 

If  4.  When  to  take  effect— acceptance.]  § 3.  This  ordi- 

nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company  shall 
file  with  the  city  clerk  its  formal  acceptance  of  the  same  and  its  bond, 
as  hereinbefore  prescribed;  Provided,  however,  that  if  said  acceptance, 
and  bond  shall  not  be  filed,  as  aforesaid,  within  ninety  days  from  the 
passage  hereof  this  ordinance  shall  be  void  and  of  no  effect. 

§ 550.  Chicago  Passenger  Railway  company. 


IT 

1. 

Change  authorized — exception  as  to  cable  power. 

IT 

2. 

Conditions. 

IT 

3. 

Tracks — how  laid. 

IT 

4- 

Speed  regulations. 

IT 

5- 

License  fee. 

IT 

6. 

Removal  of  tracks. 

IT 

7. 

Bond. 

IT 

8. 

Indemnity  clause. 

IT 

9- 

Term  of  grant  unchanged. 

IT 

10. 

Subject  to  ordinances. 

IT 

11. 

Tunnel  extension — power  of  council. 

IT 

12. 

Style  of  cars — heating. 

IT  13. 

When  in  force — acceptance. 

An  ordinance  granting  authority  to  the  Chicago  Passenger  Railway  company  to 

operate  its  various  lines  by  electric  or  cable  power.  (Passed  March  30,  1*888. 

Accepted  April  21,  1888.) 

1 1.  Change  authorized — exception  as  to  cable  power.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

in  consideration  of  the  acceptance  hereof,  and  the  undertaking  of  the 
Chicago  Passenger  Railway  Company  to  comply  with  the  provisions 
herein  contained,  permission  and  authority  is  hereby  given  to  said  com- 
pany to  construct,  maintain  and  operate  its  various  lines  of  railways,  or 
any  of  them,  or  any  part  thereof,  by  electric  power  or  by  stationary  en- 
gine or  engines  not  located  on  the  public  streets  or  public  places  on  the 
streets,  and  propelled  by  other  than  animal  power,  and  may  connect 
its  tracks  with  other  street  railroads.  Nothing  in  this  section  or  ordi- 
nance contained  shall  authorize  the  Chicago  Passenger  Railway  Com- 
pany, its  lessees  or  assigns,  to  construct  any  cable  system  upon  any 
street  or  streets  that  the  city  council  of  the  city  of  Chicago  has  not 
heretofore  authorized  to  be  used  by  said  Chicago  Passenger  Railway 
Company,  for  street  railway  purposes,  and  not  lost  by  nonuser  or  for- 
feiture. 

1"  2.  Conditions.]1  § 2.  That  the  said  Chicago  Passenger  Rail- 
way Company,  or  its  lessees  or  assigns,  may  for  said  purposes,  make 
all  needful  and  convenient  trenches,  excavations  and  sewer  connections 
and  may  place  all  needful  and  convenient  cables  and  machinery  on  any 
streets  upon  which  its  railways  are  now  constructed  or  authorized  by 
ordinance  to  be  constructed : such  cables  and  machinery  shall  be  under- 
ground, and  constructed  in  a substantial  and  workmanlike  manner,  of 


§ 55°]  CHICAGO  PASSENGER  RAILWAY  COMPANY.  1303 

the  most  approved  method  and  convenience  so  as  not  to  interfere  with 
public  travel.  Provided,  that  if  in  the  constructing  said  trenches  and 
excavations  or  using  the  same  any  damage  or  injury  shall  result  to  any 
of  the  sewers,  water  pipes  or  private  drains,  then  the  said  company 
shall  pay  and  be  held  liable  therefor;  and  if  at  any  time,  by  reason  of 
the  permission  hereby  granted  and  the  making  of  said  trenches,  or  run- 
ning said  cables,  any  injury  or  damage  shall  result  to  any  person  or 
property,  then  said  company  shall  be  held  liable  therefor;  and  said 
company  shall  pay  all  damages  to  the  owners  of  property  abutting  up- 
on roads,  streets,  highways  or  public  property  upon  or  over  which  its 
said  road  is  to  be  constructed,  which  said  owners  may  sustain  by  rea- 
son of  the  location  or  construction  of  said  company’s  roads.  And  all 
needful  and  convenient  connections  with  the  motive  power  or  engines 
shall  be  subject  to  the  same  conditions  and  restrictions,  and,  Provided, 
further,  that  the  aperture  opening  into  the  said  trenches  shall  not  ex- 
ceed five-eighths  of  an  inch  in  width ; and,  Provided,  further,  that  the 
said  Chicago  Passenger  Railway  may  operate  not  exceeding  two  cars 
and  one  grappling  car  attached  together,  with  one  driver  in  charge 
of  the  grip  car  and  one  conductor  in  charge  of  each  additional  car. 

T 3.  Tracks,  how  laid.]  § 3.  The  tracks  of  said  railway  shall 
not  be  elevated  in  said  streets  above  the  surface  of  the  streets  and  shall 
be  laid  with  modern  improved  rails  in  such  manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in 
all  directions  without  obstruction.  The  rails  to  be  used  in  the  con- 
struction of  said  tracks  shall  be  satisfactory  to  the  mayor  and  commis- 
sioner of  public  works.  Each  of  said  tracks  shall  be  laid  as  near  the 
center  of  said  street  as  practicable,  and  shall  not  be  laid  within  twelve 
(12)  feet  of  the  sidewalk  in  any  place,  except  in  turning  street  corners 
or  constructing  curves,  and  there  no  nearer  than  may  be  required  to 
make  the  necessary  curve ; and  the  cars  to  be  constructed  with  all  the 
latest  improvements  for  the  comfort  and  convenience  of  passengers, 
and  shall  be  used  for  no  other  purpose  than  for  the  transportation  of 
passengers.  Animal  power  may  be  used  to  move  the  cars. 

1 4.  Speed  regulations.]  § 4.  The  city  council  shall  have 
power  at  all  times  to  make  such  regulations  as  to  the  rate  of  speed  on 
said  streets  as  the  public  safety  and  convenience  may  require. 

If  5.  License  fee.]  § 5.  The  said  Chicago  Passenger  Railway 
Company  shall  pay  into  the  city  treasury  of  said  city,  the  sum  of  fifty' 
dollars  ($50)  as  a license  fee  for  each  and  every  car  used  by  said  com- 
pany on  the  railways  hereby  authorized,  which  has  not  been  included 
for  license  fees  for  use  on  other  lines.  The  number  of  cars  upon  which 
license  shall  be  imposed  shall  be  determined,  and  the  license  fee  paid 
in  the  same  manner  as  provided  in  an  ordinance  entitled  “an  ordinance 
concerning  street  railways  in  the  city  of  Chicago,”  passed  July  30th, 
1883,  and  approved  by  the  mayor,  August  6th,  1883. 

1"  6.  Removal  of  tracks.]  § 6.  When  the  right  of  said  com- 


1304 


STREET  RAILWAYS. 


[§  550 


pany  to  operate  its  said  railway  upon  said  streets  shall  cease,  said  com- 
pany shall  remove  its  tracks  from  the  same  and  place  the  same  in  as 
good  condition  as  when  said  tracks  were  laid. 

Tl  7.  Bond.]  § 7.  The  Chicago  Passenger  Railway  Company 
shall  enter  into  a good  and  sufficient  bond  with  the  city  of  Chicago  in 
the  penal  sum  of  one  hundred  thousand  dollars  ($100,000),  for  the 
faithful  performance  of  all  the  terms  and  conditions  in  this  ordinance 
contained. 

T 8.  Indemnity  clause.]  § 8.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges,  or 
for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage 
of  this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  acts  of  said  company,  its  servants  or  agents,  under  or  by  virtue  of 
the  provisions  of  this  ordinance. 

T 9-  Term  of  grant  unchanged.]  § 9.  The  permission  and 
authority  hereby  conferred,  are  given  upon  the  express  understanding 
and  agreement  that  the  provisions  of  this  ordinance  shall  and  does  not 
extend  the  time  during  which  the  said  Chicago  Passenger  Railway 
Company  may  operate  its  lines  upon  the  streets  of  Chicago.  The  said 
privileges  are  to  be  governed  in  this  respect  by  ordinances  heretofore 
passed. 

10.  Subject  to  ordinances.]  § 10.  Unless  otherwise  pro- 
vided  in  this  ordinance,  the  privileges  hereby  granted  are  subject  to  all 
the  general  ordinances  of  the  city  of  Chicago,  now  in  force,  or  which 
may  be  passed  in  reference  to  horse  railways  or  street  railways  and  to 
all  ordinances  affecting  the  lines  of  railways  of  which  the  lines  hereby 
authorized  are  extensions. 

1 11.  Tunnel  extension— power  of  council.]  §11.  The  said 
company,  in  operating  its  cable  line  through  the  tunnel  at  Washington 
street,  shall  be  governed  by  the  provisions  of  the  ordinance  passed 
February  1st,  1886,  as  amended  by  ordinance  passed  February  8th, 
1886,  relative  to  the  use  of  such  tunnel  by  said  company,  so  far  as  the 
same  are  not  inconsistent  herewith,  and  also  to  the  provisions  of  this 
section.  The  time  for  laying  the  tracks  through  such  tunnel,  as  de- 
termined by  said  ordinance  of  February  1st,  1886,  shall  be  deferred 
until  said  company  shall  have  first  rebuilt  and  repaired  the  tunnel  in 
accordance  with  plans  to  be  approved  by  the  commissioner  of  public 
works,  and  under  the  supervision  of  said  commissioner.  The  said 
company  shall  pave  the  entire  roadway,  from  end  to  end,  with  stone, 
or  such  other  material  as  may  be  agreed  upon  by  said  company  and 
said  commissioner;  and  said  company  shall  provide  and  operate  suit- 


§ 55 1]  CHICAGO  PASSENGER  RAILWAY  COMPANY.  1305 

able  engines  and  machinery,  for  lighting  and  ventilating  said  tunnel 
and  keeping  the  same  free  from  water,  and  it  shall,  during  the  use  of 
said  tunnel,  keep  the  same  well  lighted  and  ventilated  and  free  from 
water.  The  said  company  shall  also  keep  the  walls  of  said  tunnel 
whitened  and  shall  maintain  the  tunnel  in  good  repair  during  the  time 
it  shall  use  the  same.  The  said  company  shall,  at  its  own  expense, 
pave,  maintain  and  keep  paved  and  in  good  order,  the  whole  of  the 
roadway  through  said  tunnel. 

Both-  the  tram  rails  and  the  slot  rails  used  in  said  tunnel  shall  first 
be  approved  by  the  mayor  and  commissioner  of  public  works,  and 
shall  be  laid  to  their  satisfaction.  Said  company  shall  not  run  its  cars 
through  said  tunnel  at  a speed  greater  than  four  miles  per  hour.  The 
city  council  reserves  the  right  to  change  or  regulate  such  speed,  but 
the  same  shall  not  be  so  increased  as  to  exclude  the  use  of  said  tunnel 
by  vehicles  other  than  the  street  cars ; and  whenever  a carriage,  wagon, 
or  other  vehicle  shall  be  in  front  of  a car  passing  through  said  tunnel 
on  the  up  grade,  then  the  speed  of  said  car  shall  be  governed  by  the 
speed  of  such  carriage,  wagon,  or  vehicle;  Provided,  however,  that  it 
shall  be  the  duty  of  the  driver  of  such  carriage,  wagon  or  other  vehicle, 
to  exercise  a reasonable  diligence,  so  as  not  to  unnecessarily  delay 
such  car,  it  being  expressly  understood  that  the  Chicago  Passenger 
Railway  Company  shall,  during  its  occupancy  of  said  tunnel,  maintain 
and  keep  the  said  tunnel  in  repair,  and  in  the  event  it  shall  fail  so  to 
do,  the  city  may  repair  the  tunnel  and  the  said  railway  -company  shall 
pay  upon  thirty  days’  notice,  all  moneys  so  expended  or  expenses  in- 
curred by  said  city. 

T 12.  Style  of  cars — heating.]  § 12.  The  said  company  shall 
also  provide  upon  all  lines  operated  under  this  ordinance,  cars  of  the 
most  modern,  approved  fashion,  of  a kind  equal  to  the  best  cars  in  use 
upon  any  cable  road  now  in  operation,  and  said  company  shall  pro- 
vide the  best  and  most  approved  method  for  heating  said  cars,  so  that 
the  same  shall  be  kept  properly  heated  at  all  times  during  cold 
weather. 

If  13.  When  in  force— acceptance.]  § 13.  This  ordinance 
shall  take  effect  and  be  in  force  as  soon  as  the  same  shall  have  been 
duly  accepted  by  said  company,  and  the  said  company  shall  have 
executed  and  filed  with  the  city  clerk,  the  bond  provided  for  herein 
in  the  manner  and  form  as  hereinbefore  required.  Provided,  however, 
that  unless  this  ordinance  shall  be  duly  accepted  and  said  bond  exe- 
cuted and*  filed  within  ninety  (90)  days  of  the  passage  hereof,  this  ordi- 
nance shall  be  null  and  void. 

§ 551.  Chicago  Passenger  Railway  company. 

IT  1.  Grant — term — route. 

IT  2.  Motive  power — passenger  traffic. 

IT  3.  Cable  power — excavations — indemnity. 

IT  4*  Street  improvements  and  repairs. 


1306 


STREET  RAILWAYS. 


[§  551 


IT 

5- 

Tracks — how  laid. 

IT 

6. 

Time  of  completion — limitation. 

IT 

7- 

Rate  of  fare. 

IT 

8. 

Streets  restored. 

IT 

9* 

Damages. 

IT 

10. 

License  fee. 

IT 

11. 

Cars  to  be  heated. 

*r 

12. 

Indemnity  clause. 

if 

13- 

Bond. 

IT 

14. 

When  to  take  effect — acceptance. 

An  ordinance  granting  permission  to  the  Chicago  Passenger  Railway  company 

to  construct  and  operate  an  extension  of  the  street  railway  in  Western  ave- 
nue. (Passed  March  6.  1890.)  '■ 

1 1.  Grant — term — route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § J.  That  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  of  the  Chicago  Passenger  Railway  Com- 
pany to  comply  with  the  provisions  herein  contained,  consent,  permis- 
sion and  authority  are  hereby  granted  to  said  company,  its  successors 
and  assigns,  to  lay  down,  construct,  maintain  and  operate  for  the  period 
of  twenty  years  from  the  passage  hereof  a double  track  street  railway 
with  all  necessary  and  convenient  turn-outs,  turn-tables,  side-tracks, 
and  switches  in,  upon,  over  and  along  Western  avenue,  from  Harrison 
street  to  Van  Buren  street,  being  an  extension  of  the  street  railroad  of 
said  company  on  Western  avenue,  between  Twelfth  street  and  Harri- 
son street,  with  the  right  to  connect  with  other  street  railroad  tracks. 

If  2.  Motive  power — passenger  traffic.]  § 2.  The  cars  to  be 
used  on  said  line  of  street  railroad  may  be  operated  by  animal,  cable 
or  electric  power,  and  shall  be  used  for  no  other  purpose  than  to  carry 
passengers  and  their  ordinary  packages. 

If  3.  Cable  power — excavations— indemnity.]  § 3.  For  the 
purpose  of  operating  said  cars  by  cable  power  said  company  may  make 
all  needful  and  convenient  curves,  trenches,  excavations  and  sewer 
connections,  and  may  place  all  needful  and  convenient  cables  and  ma- 
chinery in  such  street  (and  connect  the  same  with  the  stationary  engine 
or  engines  necessary  to  properly  operate  the  same,  which  stationary 
engine  or  engines  shall  not  be  located  upon  any  street  or  public  place 
in  the  city.)  Such  cables  and  machinery  shall  be  under  ground,  and 
constructed  in  a substantial  and  workmanlike  manner,  of  most  ap- 
proved method  and  convenience,  so  as  not  to  interfere  .with  public 
travel;  provided,  that  if  in  the  construction  of  said  trenches  and  exca- 
vations any  damage  or  injury  shall  result  to  any  of  the  sewers,  water 
pipes  or  private  drains,  then  said  company  shall  pay  and  be  held  liable 
therefor.  If  at  any  time  by  reason  of  the  permission  hereby  granted 
and  the  making  of  such  trenches  and  running  of  such  cables,  any  in- 
jury or  damage  shall  result  to  any  person  or  property,  then  said  com- 
pany shall  be  liable  therefor.  All  needful  and  convenient  connections 
with  the  motive  power  or  engines  shall  be  subject  to  the  same  restric- 
tions. The  aperture  opening  into  said  trenches  shall  not  exceed  five- 


g 551]  CHICAGO  PASSENGER  RAILWAY  COMPANY.  1307 

eighths  of  an  inch  in  width.  In  case  said  line  shall  be  operated  by 
cable  power,  said  company  may  operate  not  exceeding  two  cars  and 
one  grip  car  attached  together,  with  a gripman  in  charge. of  the  grip 
car  and  one  conductor  in  charge  of  each  additional  car. 

Tf  4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and 
repair  during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  order,  ordinance,  or  regulation 
may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing, and  when  any  new  improvement  shall  be  ordered  by  the  city 
council  of  the  said  part  of  said  street,  the  said  railway  company  shall, 
in  the  manner  which  may  be  required  of  the  owners  of  property  front- 
ing on  said  part  of  said  street,  make  such  new  improvement  for  the 
width  of  sixteen  feet,  and  if  the  said  company  shall  refuse  or  fail  so  to 
do,  the  same  may  be  done  by  the  city  and  the  company  shall  be  liable 
to  the  city • for  the  cost  thereof. 

If  5.  Tracks — how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  said  street  and  shall  be  laid 
with  modern  improved  rails  and  in  such  a manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in 
all  directions  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  said  street  as  practicable.  Section  1509  of  the  Municipal 
Code  of  Chicago  of  1881  shall  not  apply  to  the  railway  tracks  herein 
authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor 
and  commissioner  of  public  works  and  shall  be  laid  under  their 
direction. 

If  6.  Time  of  completion — limitation.]  § 6.  The  tracks  herein 
authorized  shall  be  laid  on  or  before  December  1st,  1891 ; and  if  the  said 
company  shall  fail  to  complete  said  tracks  within  the  said  time  the  rights 
and  privileges  hereby  granted  shall,  as  to  said  uncompleted  tracks, 
cease  and  determine;  provided,  that  if  the  said  company  shall  be  re- 
strained or  prevented  from  proceeding  with  the  work  upon  said  rail- 
way tracks  by  the  order  or  writ  of  any  court  of  competent  jurisdiction, 
the  time  during  which  said  company  may  be  so  delayed  shall  be  added 
to  the  time  herein  prescribed  for  the  completion  of  said  railway  tracks. 
The  city  shall,  however,  have,  the  right  to  intervene  in  any  suit  for  an 
injunction  to  restrain  the  said  company  as  aforesaid,  and  move  for  the 
dissolution  of  the  injunction  in  case  such  suit  shall  be  deemed  collu- 
sive or  for  the  purpose  of  delay,  or  of  extending  the  time  for  the  com- 
pletion of  said  tracks. 

If  7.  Rate  of  fare.]  § 7.  The  rate  of  fare  to  be  charged  upon 
the  line  hereby  authorized  shall  be  five  (5)  cents  for  one  continuous 
ride  at  one  trip  for  each  passenger;  provided,  however,  that  said  com- 
pany shall  provide  for  a cross-town  line  in  connection  with  the  West 
Chicago  Street  Railroad  Company  on  said  Western  avenue,  and  shall 


1308 


STREET  RAILWAYS. 


furnish  transfer  tickets  whereby  a passenger  may  ride  across  town 
between  Milwaukee  avenue  on  the  north  and  West  26th  street  on  the 
south  for  one  fare;  and  provided,  also,  that  the  cars  upon  the  line 
hereby  authorized  shall  run  to  and  from  the  south  division  of  the  city 
for  one  fare  in  either  direction. 

If  8.  Streets  restored.]  § 8.  When  the  right  of  said  railway 
company  to  operate  its  railway  on  said  part  of  said  street  shall  cease 
and  determine,  said  company  shall  remove  the  tracks  from  the  said 
part  of  said. street,  and  put  the  said  part  of  said  street  from  which  said 
tracks  shall  be  removed  in  as  good  condition  as  the  adjacent  parts  of 
said  street. 

H 9.  Damages.]  § 9.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  part  of  said  streets  upon  or  over  which  its  road  may  be  con- 
structed, which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 

If  10.  License  fee.]  § 10.  The  said  West  Chicago  Street 
Railroad  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  (50)  dollars,  and  no  more, 
as  an  annual  license  fee  for  each  and  every  car  used  by  said  company 
on  said  lines  herein  authorized  in  the  manner  following:  In  computing 
the  number  of  cars  upon  which  said  license  charge  may  be  imposed, 
thirteen  round  trips,  when  the  car  is  used  in  the  transportation  of  pas- 
sengers, shall  be  taken  as  an  equivalent  to  one  day’s  use  of  one  car; 
one-thirteenth  of  such  round  trips  each  quarter  shall  be  divided  by  the 
number  of  days  in  such  quarter,  such  quotient  shall  be  the  number  of 
cars  subject  to  such  license  fee.  The  president  or  other  chief  officer 
of  said  company  shall,  under  oath,  make  report  quarter-yearly  to  the 
comptroller  of  the  city  of  Chicago  of  the  whole  number  of  cars  so  run 
by  said  company,  and  at  the  same  time  pay  to  said  comptroller  twelve 
dollars  and  a half  ($12.50)  for  each  car,  to  be  ascertained  as  above  pre- 
scribed in  this  section.  The  first  quarter  shall  begin  on  the  first 
day  on  which  said  company  shall  run  a car  or  cars  for  the  carriage 
of  passengers. 

1 11.  Cars  to  be  heated.]  § 11.  The  cars  upon  the  line  here- 
# by  authorized  shall  be  provided  during  the  months  of. November,  De- 
cember, January,  February  and  March  of  each  year  with  heating  appa- 
ratus, of  a kind  and  nature  to  be  selected  by  said  company,  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  car  and 
heating  the  same;  and  the  said  apparatus  shall  be  operated  at  such 
times  during  the  months  aforesaid  as  the  nature  of  the  weather  and 
degree  of  temperature  shall  require. 

If  12.  Indemnity  clause.]  § 12.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  legal  damages,  judgments,  decrees,  and  costs  and  expenses  of 
the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 


§ 55  2] 


CHICAGO  PASSENGER  TRACTION  COMPANY. 


1309 


against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges, 
or  for  or  by  reason,  or  growing  out  of,  or  resulting  from  the  exercise 
by  said  company  of  the  privileges  hereby  granted,  or  from  any  act  or 
acts  of  said  company,  its  servants  or  agents,  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

T 13.  Bond.]  § 13.  The  Chicago  Passenger  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in 
the  penal  sum  of  five  thousand  (5,000)  dollars,  to  be  approved;  by  the 
mayor,  conditioned  for  the  faithful  observance  and  performance  of  the 
provisions  and  conditions  of  this  ordinance  on  its  part  to  be  observed 
and  performed  as  aforesaid. 

If  14.  When  to  take  effect — acceptance.]  § 14.  This  ordi- 

nance shall  take  effect  and  be  in  force  as  soon  as  the  said  company 
shall  file  with  the  city  clerk  its  formal  acceptance  of  the  same,  and  its 
bond  as  hereinbefore  prescribed;  provided,  however,  that  if  said  ac- 
ceptance and  bond  shall  not  be  filed  as  aforesaid  within  ninety  (90) 
days  from  the  passage  hereof,  this  ordinance  shall  be  void  and  of  no 
effect. 


CHICAGO  PASSENGER  TRACTION  COMPANY, 

§ 552.  Chicago  Passenger  Traction  company. 

TT  1.  Grant — term — route. 

2.  Construction  of  tracks — rails, 
if  3-  Overhead  contact  wires — construction — use  of  poles. 

•IT  4.  Feeder  wires, 
nr  5-  Passenger  traffic, 
ni  6.  Rate  of  fare, 
nr  7-  Restoration  of  streets. 

Hi  8.  Improvement  and  repair  of  streets, 
nt  9.  Reservation  of  rights. 
n[  10.  Time  of  completion — reverter, 
nt  11.  Indemnity  clause — acceptance. 

12.  License — style  of  cars— heating, 
nt  13.  Indemnity  bond. 

^ 14.  When  in  force. 

An  ordinance  authorizing  the  Chicago  Passenger  Traction  company  to  construct 
and  operate  a street  railway  on  Fullerton  avenue.  Central  avenue,  Maynard 
avenue  and  Tanner  road.  Agreement  dated  June  26,  1895.  Presented  to  the 
council  by  the  mayor  June  26,  1895,  and  ordered  published  and  placed  on 
file.  (Passed  June  20,  1895.  Accepted  August  19,  1895.) 

IT  1.  Grant — term — route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  Passenger  Traction  Com- 
pany to  comply  with  the  provisions  herein  contained,  consent,  permis- 


1310 


STREET  RAILWAYS. 


[§  552 


sion  and  authority  are  hereby  granted  to  said  company,  its  successors 
and  assigns,  to  lay  down,  construct,  maintain  and  operate  for  the 
period  of  twenty  years  from  the  passage  hereof,  a single  or  double 
track  street  railway,  with  all  necessary  and  convenient  turnouts,  side 
tracks,  turntables  and  switches,  and  with  the  right  to  connect  with 
other  railway  tracks  owned  or  operated  by  said  company  in,  upon, 
over  and  along  the  following  streets : Commencing  at  the  intersection 
of  Milwaukee  and  Fullerton  avenues,  thence  west  on  Fullerton  avenue 
to  the  city  limits;  commencing  at  the  intersection  of  Fullerton  and 
Grand  avenues,  andf  northwesterly  on  Grand  Avenue  to  the  city  limits; 
commencing  at  the  intersection  of  Central  avenue  and  Fullerton  ave- 
nue, thence  north  on  Central  avenue  to  Maynard  avenue;  thence  north- 
westerly on  Maynard  avenue  to  the  city  limits  ; also  commencing  at  the 
intersection  of  Bryn  Mawr  avenue  and  Tanner  road,  thence  northwest- 
erly on  Tanner  road  to  the  city  limits. 

T 2,  Construction  of  tracks — rails.]  § 2.  The  tracks  of  said 

railway  shall  not  be  elevated  above  the  surface  of  the  street,  and  shall 
be  laid  with  modern  improved  rails,  and  in  such  manner  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions  without  obstruction;  and  shall  be  also  laid  as  near  to 
the  center  of  said  street  as  practicable.  Section  1509  of  the  municipal 
code  of  Chicago  of  1881  shall  not  apply  to  the  railway  tracks  herein 
authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor 
and  commissioner  of  public  works,  and  shall  be  laid  under  their  direc- 
tion; and  a permit  shall  be  obtained  from  the  commissioner  of  public 
works  before  commencing  work  under  this  ordinance. 

1 3.  Overhead  contact  wires — construction— use  of  poles.] 
§ 3.  The  cars  upon  said  railway  shall  be  propelled  by  electric-over- 
head contact  wires,  suspended  from  poles  set  within  the  curb  lines  limit 
of  the  street  on  either  side  thereof.  All  poles  shall  be  so  set  and  ad- 
justed as  to  obstruct  the  public  use  of  the  streets  or  sidewalks  as  little 
as  possible;  such  poles  and  wires  to  be  erected  and  maintained  for  the 
purpose  of  supplying  electric  current,  which  may  be  used  for  power, 
heat  and  light  purposes  connected  with  Chicago  Passenger  Traction 
Company.  The  said  wires  shall  be  suspended  not  less  than  eighteen 
and  one-half  feet  above  the  rails,  and  the  said  poles  and  supports  shall 
be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen  feet 
apart,  except  at  the  intersection  of  streets  and  avenues,  when  the  said 
distance  would  place  the  poles  or  supports  on  intersecting  streets  and 
avenues.  And  in  the  event  that  some  more  favorable  and  practical 
method  of  furnishing  electricity,  or  other  motive  power  for  the  opera- 
tion of  said  road  be  discovered,  said  company,  its  successors,  or  as- 
signs, shall  have  the  right,  subject  to  the  approval  of  the  mayor  and 
commissioner  of  public  works,  to  adopt  the  same  in  the  place,  or  in 
connection  with  the  use  of  said  electrical  overhead  contact  wires. 

Said  company  shall  allow  the  city  to  use  its  poles  for  the  suspension 


CHICAGO  PASSENGER  TRACTION  COMPANY. 


1311 


§ 552] 


of  its  wires  and  electric  lights  thereon,  but  such  use  shall  not  interfere 
with  their  use  by  said  company. 

4.  Feeder  wires.]  § 4.  Said  company,  its  successors  or  as- 
signs, shall  not  operate  said  railway  by  animal  power,  except  in  case 
of  accident  to  machinery,  making  it  necessary;  said  cars  may  be  so  pro- 
pelled for  a period  not  exceeding  thirty  days  for  any  one  accident,  and 
to  enable  the  said  road  to  be  operated.  The  said  company,  its  suc- 
cessors or  assigns,  shall  have  the  right  to  connect  the  wires  herein  au- 
thorized, with  any  generator  or  power  station  leased,  used  or  acquired 
by  it,  or  any  station  or  car  houses  that  may  be  erected  along  the  line 
of  said  railway. 

1 5.  Passenger  traffic.]  § 5-  The  cars  or  carriages  on  such 
railway  shall  be  used  for  no  other  purpose  than  to  carry  passengers, 
their  ordinary  baggage,  parcels  and  the  United  States  mail. 

6.  Rate  of  fare.]  § 6.  The  rate  of  fare  for  any  continuous 
trip  either  way,  from  one  point  to  another,  on  the  line  owned  by  said 
railway  within  the  present  limits  of  the  city  of  Chicago,  shall  not  ex- 
ceed five  (5)  cents  for  each  passenger. 

% 7.  Restoration  of  streets.]  § 7.  The  said  Chicago  Passen- 
ger Traction  Company,  its  successors  or  assigns,  shall  do  no  perma- 
nent injury  to  any  street, ‘sidewalk,  alley  or  avenue,  nor  interfere  with 
any  water  pipes,  sewer  or  gas  pipes  now  laid,  or  hereafter  to  be  laid  by 
said  city  of  Chicago,  without  a permit  from  the  commissioner  of  public 
works,  and  in  the  construction  or  repair  of  said  railway  it  shall  restore 
the  streets,  pavements,  sidewalks  or  grounds,  or  water  pipes,  sewer  or 
gas  pipes  to  a condition  equally  as  good  as  before  the  laying  of  said 
railway,  and  if  it,  or  its  successors  or  assigns,  as  the  case  may  be,  shall 
fail  or  refuse  so  to  do,  the  same  may  be  done  by  the  city  of  Chicago, 
and  it,  or  they,  as  the  case  may  be,  shall  be  liable  for  the  cost  thereof. 

Tf  8.  Improvement  and  repair  of  streets.]  § 8.  The  said 
company,  its  successors  or  assigns,  as  respects  the  grading,  paving, 
macadamizing,  planking  and  repairing,  or  using  of  the  aforesaid  streets 
and  avenues,  shall,  at  its  own  cost  and  expense,  keep  sixteen  feet  where 
double  tracks  are  laid,  and  eight  feet  where  single  tracks  are  laid,  in 
good  repair  and  condition  during  all  the  time  to  which  the  privileges 
hereby  granted  shall  extend,  in  accordance  with  the  orders  and  regu- 
lations of  the  Commissioner  of  public  works  of  said  city. 

Wherever  any  street  shall  be  paved  at  the  time  the  said  company 
may  lay  its  tracks  thereon,  the  said  company  shall  pay  back  to  the  city 
of  Chicago  the  value  of  the  pavement  on  the  portions  of  such  streets, 
which  it  is  hereby  required  to  pave  and  keep  in  repair,  such  value  to  be 
fixed  by  the  commissioner  of  public  works,  and  in  no  case  to  exceed 
the  cost  of  such  portions  of  pavement;  and  in  laying  its  tracks  upon 
paved  streets  the  said  company  shall  leave  the  pavement  in  as  good 
condition  after  its  tracks  are  laid  as  it  was  before.  And  when  any  new 


1312 


STREET  RAILWAYS. 


[§  552 


improvements  of  any  character  shall  be  ordered  by  the  city  council  of 
said  city,  said  street  railway  company,  its  successors  and  assigns,  at  its 
own  cost  and  expense  shall,  in  the  manner  required  by  the  city  author- 
ities, make  such  improvement  for  the  width  of  sixteen  feet  and  eight 
feet  aforesaid;  said  sixteen  and  eight  feet  to  include  the  said  tracks  as 
laid  in  said  streets  and  avenues.  And  if  the  said  street  railway^  com- 
pany, its  successors  or  assigns,  shall  neglect  or  fail  to  make  any  repairs 
or  improvements  as  aforesaid,  for  the  space  of  twenty  days  after  notice 
so  to  do  from  the  commissioner  of  public  works,  or  other  proper  officer 
of  said  city,  to  any  officer,  agent,  or  employe  of  said  company,  or  its 
successors  or  assigns,  then,  and  in  such  case,  the  city  may  at  its  own 
option  do  the  same  at  the  cost  and  expense  of  said  company. 

f 9.  Reservation  of  rights.]  § 9.  Nothing  herein  contained 
shall  impair  or  abridge  the  right  of  the  city  to  dig  up  or  open  said 
streets  and  avenues,  or  any  portion  thereof,  and  to  temporarily  remove 
said  tracks  and  roadbed  for  the  purpose  of  laying  sewers  or  water  pipes, 
or  making  any  similar  improvements,  or  for  repairing  the  same. 

1 10.  Time  of  completion — reverter.]  § 10.  The  tracks  au- 

thorized to  be  constructed  by  this  ordinance  shall  be  laid  and  com- 
pleted on  all  the  above  mentioned  streets,  and  said  railway  shall  be  in 
full  operation  upon  said  streets  within  the  period  of  eighteen  months 
after  the  passage  of  said  ordinance. 

And  all  the  rights  and  privileges  herein  granted  shall,  at  the  ex- 
piration of  said  period,  revert  to  the  city  of  Chicago,  as  to  all  streets 
and  parts  of  streets  which,  at  the  expiration  of  said  period,  shall  not  be 
occupied  by  said  railway  tracks,  with  the  said  railway  thereon,  in  full 
operation;  Provided,  that  if  the  said  company  shall  be  restrained  or 
prevented  from  proceeding  with  the  work  upon  said  railway  tracks  or 
railway  by  the  order  or  writ  of  any  court  of  competent  jurisdiction,  the 
time  which  said  company  shall  be  so  delayed  shall  be  so  added  to  the 
time  herein  prescribed  for  the  completion  of  said  railway  tracks,  and 
the  operation  of  said  railway. 

The  city  shall  have,  however,  the  right  to  intervene  in  any  suit  for 
an  injunction  to  restrain  said  company,  as  aforesaid,  and  move  for  the 
dissolution  of  the  injunction  in  case  such  suit  shall  be  deemed  collu- 
sive, or  for  the  purpose  of  delay,  or  of  extending  the  time  for  the  com- 
pletion of  said  railway  tracks,  and  operation  of  said  railway. 

IT  11*  Indemnity  clause — acceptance,]  § 11.  The  said  com- 
pany, its  successors  or  assigns,  shall  defend  and  save  harmless  the  city 
of  Chicago  from  any  and  all  damages,  judgments,  decrees  and  costs 
connected  therewith  which  may  be  rendered  against  said  city  by  rea- 
son of  the  granting  of  the  rights  and  privileges  herein  contained,  or 
which  may  in  any  way  accrue  or  arise  or  grow  out  of  the  exercise 
by  said  company,  or  its  successors  or  assigns,  of  the  rights  and  privi- 
leges hereby  granted. 


§ 552] 


CHICAGO  PASSENGER  TRACTION  COMPANY. 


1313 


This  ordinance  is  passed  upon  the  express  agreement  and  under- 
standing that  the  said  company,  before  availing  itself  of  the  rights  and. 
privileges  granted  by  this  ordinance,  shall  file  with  the  city  clerk  its 
acceptance  of  all  the  terms  and  conditions  of  this  ordinance. 

If  12.  License  — style  of  cars  — heating.]  § 12.  The  said 
company  sliall  pay  into  the  city  treasury  of  the  city  of  Chicago,  for  the 
use  of  the  said  city,  the  sum  of  fifty  dollars  ($50),  and  no  more,  as  an 
annual  license  fee  for  each  and  every  car  operated  by  said  company 
under  the  privileges  hereby  granted  in  the  manner  following : 

In  computing  the  number  of  cars  upon  which  said  license  charge 
may  be  imposed,  thirteen  round  trips,  when  one  car  is  used  in  the 
transportation  of  passengers,  shall  be  taken  as  equivalent  for  one  day’s 
use  of  one  car;  one-thirteenth  of  such  round  trips  during  each  quarter 
shall  be  divided  by  the  number  of  days  in  such  quarter;  such  quotient 
shall  be  the  number  of  cars  subject  to  such  license  fee.  The  presi- 
dent or  other  chief  officer  of  said  company  shall,  under  oath,  make 
report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the 
whole  number  of  cars  operated  by  said  company  within  the  privileges 
hereby  granted,  and  at  the  same  time  pay  to  said*  comptroller  twelve 
dollars  and  fifty  cents  ($12.50)  for  each  car,  to  be  ascertained  as  above 
prescribed  in  this  section.  The  first  quarter  shall  begin  the  first  day 
upon  which  said  company  shall  run  a car  or  cars  for  the  carriage  of 
passengers. 

The  cars  to  be  used  on  said  railway  shall  be  of  the  best  style  and 
class  now  in  use,  and  shall  be  provided  during  the  months  of  Novem- 
ber, December,  January,  February  and  March  of  each  year  with  heat- 
ing apparatus,  of  a kind  and  nature  which  shall  be  reasonably  effective 
in  raising  the  temperature  in  said  car  and  heating  the  same,  and  the 
said  apparatus  shall  be  operated  at  such  times  during  the  said  months 
aforesaid  as  the  nature  of  the  weather  and  degree  of  temperature  shall 
require. 

If  13.  Indemnity  bond.]  § 13.  The  said  company,  its  successors 

or  assigns,  shall  within  sixty  (60)  days  from  the  passage  of  this  ordinance 
execute  a bond  to  said  city  of  Chicago  in  the  penal  sum  of  ten  thou- 
sand (10,000)  dollars,  conditioned  to  indemnify  and  save  harmless  the 
city  of  Chicago  of  any  and  from  all  damages  which  may  accrue  or  arise, 
or  grow  out  of  the  exercise  by  the  said  company,  its  successors  or 
assigns,  of  the  privileges  hereby  granted;  said  bond  to  be  subject  to 
the  approval  of  the  commissioner  of  public  works  of  the  city  of  Chi- 
cago; Provided,  that  if  the  said  company,  its  successors  or  assigns, 
shall  not  file  an  acceptance  in  writing  of  this  ordinance  and  the  bond 
herein  required  within  sixty  (60)  days  from  the  passage  hereof,  then 
this  ordinance  shall  be  of  no  force  and  effect,  and  all  rights  herein 
granted  shall  absolutely  cease  and  determine. 

1 14.  When  in  force.]  § 14.  This  ordinance  shall  take  effect 
when  the  said  company,  its  successors  or  assigns,  shall  file  the  bond 


83 


1314 


STREET  RAILWAYS. 


' • 


[§  552 

herein  required,  and  accept  in  writing  the  terms  and  conditions  of  this 
ordinance,  and  said  bond  shall  be  approved. 

AGREEMENT. 

This  agreement,  made  and  entered  into  this  twenty-sixth  day  of 
June,  A.  D.  1895,  by  the  Chicago  Passenger  Traction  Company,  party 
of  the  first  part,  and  the  city  of  Chicago,  party  of  the  second  part,  wit- 
nessed, that, 

Whereas,  on  to-wit,  the  20th  day  of  June,  1895,  the  city  council 
of  the  city  of  Chicago  passed  an  ordinance  entitled  “An  ordinance  au- 
thorizing the  Chicago  Passenger  Traction-  Company  to  construct  and 
operate  a street  railway  on  Fullerton  avenue,  Central  avenue,  May- 
nard avenue  and  Tanner  road,”  which  ordinance  is  now  before  the 
mayor  of  said  city  of  Chicago  for  his  approval  or* his  veto;  and, 

Whereas,  said  mayor  has  consented  to  approve  said  ordinance  in 
the  form  in  which  it  was  passed  if  the  said  company  shall  make  and 
enter  into  an  agreement  to  do  the  things  hereinafter  provided. 

Now,  therefore,  in  consideration  of  the  passage  and  approval  of 
said  ordinance  and  of  the  privileges  therein  granted  to  said  company, 
the  said  Chicago  Passenger  Traction  Company  hereby  agrees  at  any 
time  hereafter,  whenever  it  shall  have  constructed  and  have  in  oper- 
ation any  part  of  its  proposed  line  or  lines  of  street  railroad,  that  it 
will,  on  demand  of  the  mayor  and  commissioner  of  public  works,  place 
at  each  and  every  intersection  of  any  street  or  avenue  with  such  line 
or  lines  of  street  railroad  an  arc  electric  light,  and  that  it  will  at  its 
own  expense  maintain  such  light  for  the  purpose  of  lighting  such  street 
crossing,  each  of  such  arc  lights  to  be  kept  lighted  at  such  times  and 
during  such  hours  as  shall  be  provided  or  prescribed  by  said  mayor 
and  commissioner  of  public  works. 

The  said  company  also  agrees  that  whenever  it  shall  at  any  time 
hereafter  in  the  construction  of  its  line  or  lines  of  street  railroad,  be- 
come necessary  for  it  to  injure  any  pavement,  sidewalk,  water  main  or 
any  other  public  improvement  of  any  kind  or  description  whatsoever, 
situated  or  being  in  any  street  upon  or  along  which  it  shall  be  au- 
thorized to  construct  any  portion  of  its  line  or  lines  of  street  car 
tracks,  that  it  will  deposit  with  the  commissioner  of  public  works  or 
under  his  direction,  such  sum  of  money  as  he  shall  deem  adequate 
and  sufficient  for  the  purpose  of  fully  restoring  to  its  former  con- 
dition any  such  pavement  or  other  improvement  in  said  street,  and 
said  commissioner  shall  be  and  hereby  is  authorized  to  cause  such 
repairs  to  be  made,  and  to  pay  for  the  same  out  of  the  money  so 
deposited  with  him  by  said  company  for  that  purpose;  and  it  is  agreed 
that  said  company  shall  not  be  entitled  to  any  permit  to  open  said 
street  or  to  proceed  with  any  of  its  work  in,  upon  or  along  any  street 
until  such  deposit  shall  have  been  made. 

In  witness  whereof,  the  said  party  of  the  first  part  has  caused  these 


§§  553-4]  THE  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1315 


presents  to  be  signed  by  its  president  and  attested  by  the  hand  of  its 
secretary  and  by  its  corporate  seal. 

CHICAGO  PASSENGER  TRACTION  CO., 

Per  P.  H.  HOYNES, 

Attest:  President. 

WM.  U.  RILEY,  Secretary. 

(Seal.)  ' / GEO.  B.  SWIFT, 

Approved  June  26th,  1895.  Mayor. 


HORSE  RAILWAY  IN  THE  STREETS  OF  THE  SOUTH 
AND  WEST  DIVISIONS  OF  CHICAGO. 

§ 553-  Horse  railway  in  the  streets  of  the  South  and  West 
divisions  of  Chicago. 

An  ordinance  authorizing  the  extension  and*  operation  of  certain  horse  railways 
in  the  streets  of  the  south  and  west  divisions  of  Chicago.  (Passed  May  23,  1859.) 
Note. — For  above  ordinance  and  amendments  thereto  see  section  431. 


THE  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 

(Act  of  the  Legislature.) 

§ 554.  The  Chicago  West  Division  Railway  company. 

H 1.  Incorporation. 

Hf  2.  Powers. 

•jt  3.  Directors. 

Hf  4.  Power  to  acquire  real  estate,  franchises,  etc. 

5.  Penalty  for  obstruction  of  tracks,  etc. 
if  6.  Public  act,  etc. 

An  act  to  authorize  the  extension  of  horse  railways  in  the  city  of  Chicago.  (Ap- 
proved February  21,  1861.) 

If  1.  Incorporation.]  Be  it  enacted  by  the  people  of  the  state 
of  Illinois,  represented  in  the  general  assembly:  § 1.  That  Edward 

P.  Ward,  William  K.  McAllister,  Samuel  B.  Walker,  James  L.  Wil- 
son, Charles  B.  Brown,  Nathaniel  P.  Wilder  and  their  successors,  be 
and  they  are  hereby  created  and  constituted  a body  corporate  and 
politic,  by  the  name  of  “The  Chicago  West  Division  Railway  Com- 
pany,” for  the  term  of  twenty-five  years,  with  all  the  powers  and  aur 
thority  pertaining  to  corporations  for  like  purposes. 

IT  2.  Powers.]  § 2.  The  said  corporation  shall  possess  all  the 
powers  conferred  by,  and  be  subject  to  all  the  provisions  contained  in, 


1316 


STREET  RAILWAYS. 


[§  554 


the  second,  third,  fifth  and  sixth  sections  of  an  act,  entitled,  “An  act 
to  promote  the  construction  of  horse  railways  in  the  city  of  Chicago;’ 
approved  February  14th,  1859;  Provided,  that  nothing  herein  con- 
tained shall  be  so  construed  as  to  in  any  manner  invalidate  or  in- 
juriously affect  any  of  the  rights  of  either  of  the  corporations  created 
by  said  act,  or  to  authorize  the  corporation  hereby  created 
to  construct  or  use  any  railway  track  in  the  north  division  of  Chicago, 
except  by  the  written  consent  of  the  North  Chicago  City  Railway 
Company;  And  further  provided,  the  consent  of  the  owners  of  two- 
thirds  of  the  property,  by  lineal  measure,  fronting  upon  the  streets 
through  which  said  railways  shall  pass,  shall  be  obtained. 

If  3.  Directors.]  § 3.  All  the  corporate  powers  of  said  cor- 
poration shall  be  vested  in  and  exercised  by  a board  of  directors,  and 
such  officers  and  agents  as  said  board  shall  appoint.  The  first  board 
of  directors  shall  consist  of  said  Charles  B.  Brown,  James  L.  Wilson, 
William  K.  McAllister,  Samuel  B.  Walker  and  Nathaniel  P.  Wilder, 
and  thereafter  of  not  less  than  three  nor  more  than  seven  stockhold- 
ers, who  shall  be  chosen  each  and  every  year  by  the  stockholders,  at 
such  times  and  in  such  manner  as  the  said  corporation  shall  by  its 
laws  prescribe.  The  said  directors  shall  hold  their  offices  until  their 
successors  are  elected  and  qualified,  and  may  fill  any  vacancies  which 
may  happen  in  the  board  of  directors  by  death,  resignation  or  other- 
wise. They  may  also  adopt  such  by-laws,  rules  and  regulations  for 
the  government  of  said  corporation  and  the  management  of  its  af- 
fairs and  business  as  they  may  think  proper,  not  inconsistent  with  the 
laws  of  this  state. 

If  4.  Power  to  acquire  real  estate,  franchises,  privileges,  etc.] 

§ 4.  The  corporation  hereby  created  is  authorized  to  purchase,  hold 
and  convey  real  or  personal  estate;  to  mortgage  or  lease  its  franchises 
and  property;  to  acquire,  unite  and  exercise  any  of  the  powers, 
franchises,  privileges  or  immunities  conferred  upon  the  Chicago  City 
Railway  Company  by  the  act  aforesaid,  or  any  ordinance  of  the  com- 
mon council  of  said  city,  upon  such  terms  and  conditions  as  may  by 
contract  between  the  said  railway  corporations  be  prescribed;  and 
the  consent  of  the  board  of  directors  of  the  said  Chicago  City  Rail- 
way Company,  manifested  in  writing,  shall  be  a condition  precedent 
to  the  corporation  hereby  created  exercising  the  powers,  or  any  of 
them,  conferred  upon  it  by  the  second  section  of  the  act  aforesaid,- 
as  to  any  street  of  said  south  and  west  divisions  of  Chicago,  in  which 
the  said  Chicago  City  Railway  Company  has  acquired  the  right  of 
laying  down  its  track;  Provided,  that  upon  obtaining  such  contract 
or  consent  as  aforesaid,  this  corporation  shall  thereupon  and  thereby 
become  entitled,  as  to  the  streets  last  above  mentioned  and  no  others, 
to  use  the  same  according  to  the  provisions  of  said  contract  and  the 
ordinances  aforesaid,  anything  herein  contained  to  the  contrary  not- 
withstanding. 

% 5.  Penalty  for  obstruction  of  tracks,  etc.]  § 5.  If  any  per- 


§§  555"7]  north  halsted  substituted  for  north  desplaines.  1317 

son  shall  willfully  and  maliciously  obstruct  either  of  the  corporations 
aforesaid,  or  that  hereby  created,  in  the  use  of  any  of  their  railway 
tracks,  or  the  passing  of  the  cars  of  either  of  said  corporations  there- 
on, such  person,  and  all  who  shall  be  aiding  or  abetting,  shall  be 
punished  by  a fine  not  exceeding  five  hundred  dollars,  or  may  be 
imprisoned  in  a common  jail  for  a period  not  exceeding  three  months. 

If  6.  Public  act,  etc.]  § 6.  This  act  shall  be  deemed  a public 
act,  and  noticed  by  all  courts  as  such  without  pleading,  and  shall  take 
effect  from  its  passage. 


EXEMPTING  CANAL  STREET  AND  OTHER  STREETS 
FROM  RAILWAY  USES. 

§ 555.  Exempting  Canal  street  and  other  streets  from  railway 
uses. 

An  ordinance  exempting  Canal  street  and  other  streets  from  railway  uses  by 
substitution  and  for  other  purposes.  (Passed  November  18,  1861.) 

Note. — For  above  ordinance  see  section  432. 


PRESERVATION  OF  CERTAIN  STREETS  FROM  RAIL- 
WAY USES. 

§ 556.  Preservation  of  certain  streets  from  railway  uses. 

An  ordinance  for  the  preservation  of  certain  streets  of  Chicago  from  railway 
uses.  (Passed  November  16,  1863.) 

Note. — For  above  ordinance  see  section  432. 


NORTH  HALSTED  SUBSTITUTED  FOR  NORTH  DES- 
PLAINES. 

§ 557.  North  Halsted  substituted  for  North  Desplaines. 

If  1.  North  Halstead  street  substituted  for  North  Desplaines  street. 

2.  Street  improvements  and  repairs, 
ff  3.  Renewal  of  tracks — restoration  of  street. 

Ti  4.  When  in  force. 

An  ordinance  for  releasing  of  North  Desplaines  street  from  railway  uses,  and  the 
substitution  of  North  Halsted  street.  (Passed  March  14,  1864.) 


1318 


STREET  RAILWAYS. 


1 1.  North  Halsted  street  substituted  for  North  Desplaines 
street.]  Be  it  ordained  by  the  common  council  of  the  city  of  Chicago: 
§ !•  That  because  of  the  numerous  steam  railway  tracks  now  laid 
and  in  use  on  Kinzie  street,  whereby  a horse  railway  upon  said  Des- 
plaines street  would  be  seriously  obstructed  in  its  connection  with 
that  upon  Milwaukee  avenue,  and  made  both  dangerous  and  incon- 
venient to  the  public,  and  in  consideration,  of  the  release  by  the  Chi- 
cago West  Division  Railway  Company  to  the  city  of  Chicago  of  any 
and  all  right  to  use  said  Desplaines  street  for  railway  purposes,  au- 
thority and  consent  are  hereby  given  and  granted  unto  said  railway 
company  to  remove  its  railway  tracks  from  said  Desplaines  street, 
and  to  lay  down  and  use  a double  track  for  a railway,  with  all  neces^ 
sary  or  convenient  tracks  for  curves,  turn-outs  and  switches,  in  and 
upon  said  North  Halsted  street,  from  the  south  line  of  West  Lake 
street  to  the  north  line  of  Milwaukee  avenue,  subject  to  the  conditions 
of  the  ordinances  heretofore  passed  concerning  said  railway  com- 
pany or  the  Chicago^  City  Railway -Company,  and  all  ordinances  which 
may  be  hereafter  passed  concerning  said  West  Division  Railway 
Company;  Provided,  that  no 'authority  is  hereby  or  shall  be  given  to 
said  company  to  construct  or  operate  a single  track  on  said  North 
Halsted  street. 

1"  2.  Street  improvement  and  repairs.]  §2.  The  said  Chicago 
West  Division  Railway  Company,  its  successors  or  assigns,  as  respects 
grading,  paving,  macadamizing,  filling  or  planking,  shall  at  their  own 
expense  keep  sixteen  feet  in  width  in  repair  on  said  North  Halsted 
street,  so  far  as  the  same  is  embraced  in  this  ordinance,  and  keep  their 
tracks  in  such  condition  that  wagons,  carriages  and  other  vehicles 
can  pass  and  repass  at  any  and  all  points,  and  in  any  and  all  directions, 
and  shall  be  subject  to  assessment  for  paving,  repaving,  planking,  re- 
planking or  any  other  kind  of  new  improvement  which  may  by  ordi- 
nance be  ordered  at  any  time  by  the  common  council. 

1 3.  Removal  of  tracks — restoration  of  street.]  § 3.  The 

said  railway  company  shall  remove  its  track  from  said  Desplaines 
street,  and  restore  said  street  to  its  former  state  within  thirty  days  from 
the  time  of  the  approval  of  this  ordinance,  and  shall  also  within  three 
months  from  said  time  construct  a railway  on  said  Halsted  street,  from 
the  south  line  of  said  Lake  street  to  said  Milwaukee  avenue,  unless 
restrained  by  the  order  or  injunction  of  some  court  of  competent  juris- 
diction from  so  doing;  and  in  case  said  company  shall  fail  to  remove 
said  track  from  said  Desplaines  street,  and  construct  a railway  on  Hal- 
sted street  according  to  the  provisions  of  this  ordinance,  then  the 
same  shall  forfeit  all  the  rights  and  privileges  by  this  ordinance  granted 
or  conferred. 

If  4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  the  time  of  the  execution  of  the  said  release  by  the  said  the  Chi- 
cago West  Division  Railway  Company,  under  the  hands  of  its  proper 


§ 558] 


TEMPORARY  TRACKS  ON  CLINTON  STREET. 


1319 


officers  and  corporate  seal,  and  the  delivery  thereof  to  the  clerk  of  the 
city  of  Chicago. 


TEMPORARY  TRACKS  ON  CLINTON  STREET. 

§ 558.  Temporary  tracks  on  Clinton  street. 

1.  Temporary  tracks  on  Clinton  street. 

2.  Subject  to  board  of  public  works  and  ordinances. 

3.  Penalty. 

•[I  4.  When  to  take  effect. 

An  ordinance  authorizing  temporary  horse  railway  tracks  on  Clinton  street,  be- 
tween Madison  and  Randolph  streets.  (Passed  March  28,  1864.) 

If  1.  Temporary  tracks  on  Clinton  street.]  Be  it  ordained 
by  the  common  council  of  the  city  of  Chicago:  § 1.  That  the 

West  Division  Railway  Company  is  hereby  authorized  to  lay  a single 
or  double  track  for  a railway  on  Clinton  street,  between  Madison  and 
Randolph  streets,  and  to  operate  the  same  in  connection  with  -the 
horse  railroads  of  said  company  now  on  Randolph  and  Madison 
street;  Provided,  that  said  railway  track  shall  be  continued  only 
during  the  construction  of  the  proposed  new  bridge  across  the  Chi- 
cago river  at  Randolph  street,  and  that  when  said  bridge  is  completed 
the  said  track  shall  be  removed  by  said  company  and  the  said  street 
be  by  them  restored  to  as  good  condition  as  before  being  occupied  by 
said  track;  and  provided,  further,  that  the  said  railway  company,  in 
the  laying,  maintaining  and  operating  said  temporary  railway,  shall  be 
subject  to  all  the  general  liabilities,  regulations  and  conditions  con- 
cerning the  same,  during  its  continuance  in  said  street  as  herein  above 
provided,  as  by  the  laws  of  the  state  and  the  ordinances  of  the  city  of 
Chicago  are  imposed  on  said  company  concerning  other  railway  tracks 
operated  by  them  in  the  city  of  Chicago. 

T 2.  Subject  to  direction  of  board  of  public  works  and 
ordinances.]  § 2.  The  said  temporary  railway  track  shall  be  laid 
by  the  said  West  Division  Railway  Company,  under  the  direction  of 
the  board  of  public  works,  subject,  however,  to  any  regulation,  as  to 
the  manner  of  laying  the  track,  required  by  any  existing  ordinance  of 
this  city. 

If  3.  Penalty.]  § 3.  Should  -the  said  company,  its  successors  or 
assigns,  fail  or  neglect  to  remove  the  said  temporary  railway  track  or 
tracks  and  superstructure  from  off  said  Clinton  street,  within  the  first 
twenty  days  next  ensuing  the  day  on  which  the  proposed  new  bridge 
at  Randolph  street  shall  be  completed  and  in  general  use,  the  said 
company,  its  successors  or  assigns,  shall,  for  each  and  every  day  after 
the  lapse  of  said  twenty  days  that  the  said  railway  track  or  tracks  and 


1320 


STREET  RAILWAYS. 


[§  559 


superstructure  are  allowed  to  be  and  remain  upon  said  Clinton  street, 
be  fined  in  the  sum  of  fifty  dollars,  to  be  collected  as  other  fines. 

If  4.  When  to  take  effect,]  § 4.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage  and  due  publication. 
Note. — See  amendatory  ordinance  of  July  11,  1864,  following: 


DESPLAINES  STREET  RECLAIMED. 

g 559.  Desplaines  street  reclaimed. 

If  1.  Desplaines  street  reclaimed. 

If  2.  Street  improvements  and  repairs, 
if  3.  Desplaines  street  to  be  restored, 
if  4.  When  in  force. 

An  ordinance  for  the  releasing  of  North  Desplaines  street  from  railway  uses, 

and  the  substitution  of  North  Halsted  street.  (Passed  March  28,  1864.) 

If  1.  Desplaines  street  reclaimed.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § 1.  That  because  of  the 

numerous  steam  railway  tracks  now  laid  and  in  use  on  Kinzie  street, 
whereby  a horse  railway  upon  said  Desplaines  street  would  be  seri- 
ously obstructed  in  its  connection  with  that  upon  Milwaukee  avenue, 
and  made  both  dangerous  and  inconvenient  to  the  public,  and  in  con- 
sideration of  the  release  by  the  Chicago  West  Division  Railway  Com- 
pany to  the  city  of  Chicago  of  any  and  all  right  to  use  said  Desplaines 
street  for  railway  purposes,  authority  and  consent  are  hereby  given 
and  granted  unto  said  railway  company  to  remove  its  railway  tracks 
from  said  Desplaines  street,  and  to  lay  down  and  use  a double  track 
for  a railway,  with  all  necessary  or  convenient  tracks  for  curves,  turn- 
outs and  switches,  in  and  upon  North  Halsted  street,  from  the  south 
line  of  West  Lake  street  to  the  north  line  of  Milwaukee  avenue,  sub- 
ject to  the  conditions  of  the  ordinances  heretofore  passed  concerning 
said  railway  company  or  the  Chicago  City  Railway  Company;  Pro- 
vided, that  no  authority  is  hereby  or  shall  be  given  to  said  company  to 
construct  or  operate  a single  track  on  said  North  Halsted  street. 

Tf  2.  Street  improvements  and  repairs.]  § 2.  The  Chicago 
West  Division  Railway  Company,  its  successors  or  assigns,  as  re- 
spects grading,  paving,  macadamizing,  filling  or  planking,  shall  at  their 
own  expense  keep  sixteen  feet  in  width  in  repair  on  said  North  Hal- 
sted street,  so  far  as  the  same  is  embraced  in  this  ordinance,  and  keep 
their  tracks,  in  such  condition  that  wagons,  carriages  and  other  vehicles 
can  pass  and  repass  at  any  and  all  points,  and  in  any  and  all  directions, 
and  shall  be  subject  to  assessment  for  paving,  repaving,  planking,  re- 


§ 56°] 


CLINTON  STREET. 


1321 


planking  or  any  other  kind  of  new  improvement  which  may  by  ordi- 
nance be  ordered  at  any  time  by  the  common  council  on  said  Halsted 
street. 

Tf  3.  Desplaines  street  to  be  restored.]  § 3.  The  said  rail- 
way company  shall  remove  its  track  from  said  Desplaines  street,  and 
restore  said  street  to  its  former  state  within  thirty  days  from  the  time 
of  the  approval  of  this  ordinance,  and  shall  also  within  three  months 
from  said  time,  construct  a railway  on  said  Halsted  street  from  the 
south  line  of  said  Lake  street  to  said  Milwaukee  avenue,  unless  re- 
strained by  the  order  or  injunction  of  some  court  of  competent  juris- 
diction from  so  doing,  and  in  case  said  company  shall  fail  to  remove 
said  track  from  said  Desplaines  street  and  construct  a railway  on  Hal- 
sted street  according  to  the  provisions  of  this  ordinance,  then  the  same 
shall  forfeit  all  rights  and  privileges  by  this  ordinance  granted  or  con- 
ferred. 

1"  4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  the  time  of  the  execution  of  the  said  release  by  the  said  Chicago 
West  Division  Railway  Company,  under  the  hands  of  its  proper  offi- 
cers and  corporate  seal,  and  the  delivery  thereof  to  the  clerk  of  the 
city  of  Chicago. 

4a.  Release  referred  to  in  foregoing  ordinance. 

Know  all  men  by  these  presents,  That  the  Chicago  West  Division 
Railway  Company,  for  and  in  consideration  of  the  passage  by  the 
common  council  and  the  approval  by  the  mayor  of  the  city  of  Chicago, 
of  a certain  ordinance  entitled  “An  ordinance  for  the  releasing  of 
North  Desplaines  street  from  railway  uses,  and  the  substitution  of 
North  Halsted  street,”  have  and  by  these  presents  do  hereby  release 
and  surrender  unto  the  said  city  of  Chicago  any  and  all  right  to  lay 
down  a railway  track  along  the  course  of  North  Desplaines  street,  be- 
tween Randolph  street  and  Milwaukee  avenue. 

Witness  the  hands  of  the  president  and  secretary  of  said  company, 
and  its  corporate  seal,  this  fourth  day  of  April,  A.  D.  1864. 

J.  R.  JONES,  President. 

[Seal.]  WM.  H.  OVINGTON,  Secretary. 

Note. — See  amendatory  ordinance  following. 


CLINTON  STREET. 

560.  Clinton  street. 

TT  1.  Clinton  street. 

If  2.  North  Desplaines  street. 

IT  3.  When  to  take  effect. 


1322 


STREET  RAILWAYS. 


[§  56l 


An  ordinance  amending  ordinances  of  March  28,  1864,  concerning  horse  railways 

on  Clinton  street  and  on  North  Desplaines  street.  (Passed  July  11,  1864.) 

Tf  1.  Clinton  street.]  Be  it  ordained  by  the  common  council 
of  the  city  of  Chicago:  § 1.  That  the  ordinance  entitled  “An  ordi- 

nance authorizing  temporary  horse  railway  tracks  on  Clinton  street 
between  Madison  and  Randolph  streets,”  passed  March  28th,  1864,  be 
so  amended  as  that  the  third  section  and  the  provisions  of  said  ordi- 
nance for  a temporary  use  only  of  said  Clinton  street  be  and  the  same 
are  hereby  repealed. 

If  2.  North  Dtsplaines  street.]  § 2.  That  all  the  provisions 
and  conditions  contained  in  the  second  section  of  an  ordinance  enti- 
tled “An  ordinance  for  the  releasing  of  North  Desplaines  street  from 
railway  uses,  and  the  substitution  of  North  Halsted  street,”  passed 
March  28,  1864,  so  far  as  the  same  applies  to  said  Halsted  street,  be 
and  the  same  is  hereby  applied  to  said  railway  on  Clinton  street. 

If  3.  When  to  take  effect.]  § 3.  This  ordinance  shall  take 
effect  from  and  after  its  passage. 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 

§ 561.  Chicago  West  Division  Railway  company. 

Tf  1.  Route. 

if  2.  Time  for  construction. 

if  3.  Street  improvements,  repairs,  etc. 

if  4.  Animal  motive  power  only — exclusive  use,  etc. 

if  5.  Funeral  cars,  etc. 

if  6.  When  to  take  effect. 

An  ordinance  creating  new  lines  of  horse  railways,  extending  others,  and  regu- 
lating the  use  thereof.  (Passed  August  17,  1864.) 

1*  1.  Route.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § 1.  That  in  consideration  of  the  acceptance  hereof 

and  the  undertaking  by  the  Chicago  West  Division  Railway  Company 
to  comply  with  the  provisions  of  this  ordinance,  authority  and  con- 
sent is  hereby  given  and  granted  unto  the  said  the  Chicago  West  Di- 
vision Railway  Company,  its  successors  and  assigns,  to  construct,  lay 
down,  operate  and  maintain  horse  railways,  with  the  necessary  side 
tracks  and  switches,  in  the  manner  and  upon  and  along  the  several 
streets  hereinafter  mentioned.  Commencing  on  Clinton  street,  at  its 
intersection  with  Madison  street,  and  running  south,  with  a single  or 
double  track,  to  Harrison  street;  thence  south,  with  a single  track 
only,  to  Twelfth  street.  Commencing  on  Meagher 'street,  at  its  inter- 
section with  Canal  street,  and  running  west,  with  a single  or  double 


§ 561]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1323 

track,  to  Jefferson  street;  thence  north,  on  Jefferson  street,  with  a 
single  or  double  track,  to  Twelfth  street;  thence  north,  with  a single 
track  only,  to  Harrison  street;  thence  north,  with  a single  or  double 
track,  to  Van  Buren  street.  Commencing  on  Chicago  avenue,  at  the 
river,  so  as  to  connect  with  the  track  of  the  North  Chicago  City  Rail- 
way Company,  and  running  west,  with  a single  or  double  track,  to 
the  present  or  future  city  limits.  Commencing  on  West  Indiana  street, 
at  its  intersection  with  Milwaukee  avenue,  and  running  west,  with  a 
single  or  double  track,  to  the  present  or  future  city  limits.  Commenc- 
ing on  Catharine  street,  at  its  intersection  with  Blue  Island  avenue,  and 
running  west,  with  a single  or  double  track,  to  Robey  street.  Com- 
mencing on  Polk  street  at  the  east  line  of  Canal  street,  and  running- 
west,  with  a single  or  double  track,  to  Jefferson  street.  Commencing 
on  Desplaines  street,  at  its  intersection  with  Van  Buren  street,  and 
running  south,  with  a single  or  double  track,  to  Sebor  street;  thence 
west,  on  Sebor  street,  to  Halsted  street.  Commencing  on  Halsted 
street,  at  Harrison  street,  and  running  south,  with  a single  or  double 
track,  to  the  south  branch  of  the  Chicago  river.  And  commencing  on 
Halsted  street,  at  Milwaukee  avenue,  and  running  north,  with  a single 
or  double  track,  to  the  center  of  the  north  branch  of  the  Chicago  river; 
Provided,  that  the  consent  of  the  owners  of  two-thirds  of  the  property 
by  lineal  measure,  fronting  upon  said  streets,  shall  first  be  obtained. 

If  2.  Time  for  construction.]  § 3.  The  said  the  Chicago  West 
Division  Railway  Company,  shall  construct  the  railways  aforesaid  on 
Clinton  street,  Jefferson  street  and  Meagher  street,  within  ninety  days 
from  the  passage  of  this  ordinance,  unless  delayed  by  the  order  or  in- 
junction of  some  court  of  competent  jurisdiction;  and  shall  construct 
the  railway  on  Chicago  avenue,  from  Milwaukee  avenue  to  Wood 
street,  on  West  Indiana  street,  from  Milwaukee  avenue  to  Reuben 
street,  and  on  Catharine  street,  from  Blue  Island  avenue  to  Robey 
street,  and  on  Halsted  street,  Desplaines  street  and  Sebor  street,  with- 
in fifteen  months  from  the  passage  of  this  ordinance. 

f 3.  Street  improvements,  repairs,  etc.]  § 3.  The  said  the 
Chicago  West  Division  Railway  Company,  its  successors  and  assigns 
shall,  as  respects  the  grading,paving,macadamizing,filling  or  planking 
of  the  streets  or  part  of  streets  upon  which  they  shall  construct  the  said 
railways,  or  any  of  them,  keep  eight  feet  in  width  along  the  line  of  said 
railways,  on  all  streets  where  one  track  is  constructed,  and  sixteen  feet 
in  width  along  the  line  of  said  railways  where  two  tracks  are  construct- 
ed, in  good  repair,  so  that  wagons,  carriages  and  other  vehicles  can 
pass  and  repass  at  any  and  all  points,  and  in  any  and  all  directions; 
and  when  any  new  improvement,  paving,  repaving,  planking  or  re- 
planking, is  ordered  by  the  common  council  on  any  of  said  streets,  or 
parts  of  said  streets,  the  said  railway  company  shall,  in  the  same  man- 
ner and  with  like  material  as  required  of  the  owners  of  property  as  to 
other  contiguous  parts  of  the  street,  make  such  new  improvements,  on 


1324 


STREET  RAILWAYS. 


eight  feet  in  width  where  a single  track  is  used,  or  sixteen  feet  in  width 
where  a double  track  is  used;  and  if  the  said  company  shall  refuse  or 
neglect  to  make  such  new  improvement  within  a reasonable  time,  to 
be  fixed  by  the  ordinance,  the  work  may  be  done  by  the  city,  and  the 
cost  thereof  assessed  by  the  board  of  public  works  on  said  company, 
and  collected  as  other  assessments,  from  any  real  or  personal  property 
of  said  company.  But  if  the  board  of  public  works  should  deem  it  in- 
expedient that  said  new  improvement  should  be  so  made  by  said  com- 
pany, then  the  same  shall  be  done  by  the  city  as  in  other  cases,  and  the 
costs  thereof  assessed  upon  and  collected  of  said  company  in  manner 
as  aforesaid.  And  if  the  said  company  shall  refuse  or  neglect  to  make 
any  necessary  repairs  as  aforesaid,  or  the  repairs  required  by  any  ordi- 
nances heretofore  passed,  and  now  in  force  in  respect  to  horse  railway 
companies,  after  twenty  days’  notice  from  the  board  of  public  works, 
the  city  may  make  the  repairs  and  collect  the  cost  thereof,  by  suit  at 
law,  in  any  court  of  competent  jurisdiction.  And  said  company  shall 
construct  all  and  singular  its  said  respective  railways  of  the  kind  of 
rail,  and  be  subject  to  and  governed  by  the  ordinances  in  force  respect- 
ing such  railways  in  the  south  and  west  divisions  of  Chicago,  except  as 
herein  otherwise  provided. 

1 4.  Animal  motive  power  only— exclusive  use,  etc.]  § 4. 

The  cars  to  be  used  on  said  several  railways  shall  be  operated  by  ani- 
mal power  only;  and  said  railways  shall  not,  or  any  of  them,  connect 
with  any  other  railroad  operated  by  other  power;  nor  shall  any  other 
person  or  corporation  operate  or  use  any  railway  cars  or  carriages  up- 
on or  along  any  or  either  of  said  tracks  or  streets  wherein  such  track 
is  laid,  without  first  having  the  consent  in  writing  therefor  of  said  rail- 
way company. 

T 5.  Funeral  cars,  etc.]  § 5.  Said  railroad  company  shall 
keep  on  hand  a sufficient  number  of  cars  adapted  to  funeral  purposes, 
in  which  shall  be  suitable  compartments  for  carrying  the  corpse  by  it- 
self; and  on  application  of  any  person  shall  furnish  not  exceeding  three 
•cars,  unless  more  shall  be  agreed  upon,  at  some  convenient  point  on 
the  line  of  its  said  roads,  so  as  not  to  hinder  or  delay  other  cars  there- 
on, to  convey  the  corpse  and  persons  attending  the  funeral  to  any  cem- 
etery to  which  its  lines  or  connections  extend;  Provided,  that  if  its 
funeral  cars  shall  all  be  engaged  for  funeral  purposes  before  such  ap- 
plication is  made,  the  company  shall  not  be  bound  to  furnish  the  same 
until  such  prior  engagement  is  fulfilled.  And  the  said  company  shall 
make  the  best  possible  arrangement  with  the  street  railway  companies 
whose  lines  do  now  or  may  hereafter  extend  to  the  cemeteries,  so  that 
the  charge  for  conveying  any  corpse  from  points  on  said  lines  of  rail- 
ways through  to  the  cemeteries  shall  not  exceed  two  dollars,  and  for 
‘each  person  attending  such  funeral  not  exceeding  twenty-five  cents  for 
the  round  trip  out  and  back. 


§ 562] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1325 


6.  When  to  take  effect.]  § 6.  This  ordinance  shall  be  in 
full  force  and  effect  from  and  after  its  passage. 

STIPULATION  IN  REFERENCE  TO  FOREGOING  ORDINANCE. 

Whereas,  The  common  council  of  the  city  of  Chicago  has  passed  an  or- 
dinance entitled  “An  ordinance  creating  new  lines  of  horse  railways,  ex- 
tending others,  and  regulating  the  use  thereof,”  on  the  17th  day  of  August, 
A.  D.  1864;  and,  whereas,  the  following  provision  occurs  in  the  third  sec- 
tion thereof,  to-wit:  “And  said  company  shall  construct  all  and  singular  its 
said  respective  railways  of  the  kind  of  rail,  and  be  subject  to  and  governed 
by  the  ordinances  in  force  respecting  such  railways  in  the  south  and  west 
divisions  of  Chicago,  except  as  herein  otherwise  provided;”  and  whereas, 
some  question  has  arisen  as  to  whether  the  city  of  Chicago  could,  under 
said  provision,  regulate  the  kind  of  rail  to  be  used  by  said  company,  now 
for  the  purpose  of  removing  all  doubt  on  such  question. 

Resolved  by  the  Chicago  West  Division  Railway  Company,  That  said 
company  admit,  as  a perpetual  estoppel  on  it,  its  successors  and  assigns,  that 
the  said  company  are  and  shall  be  subject  to  the  provisions  of  an  ordinance 
passed  by  said  common  council  on  the  11th  day  of  August,  A.  D.  1864,  en- 
titled “An  ordinance  prescribing  the  guage  and  rail  to  be  used  on  horse 
railways  in  the  city  of  Chicago,”  and  any  future  ordinances  hereafter  passed 
by  the  common  council  on  the  kind  of  rail  to  be  used  in  said  city  on  horse 
railways.  And  the  said  ordinance  first  named  is  and  shall  be  accepted  by 
the  Chicago  West  Division  Railway  Company,  with  the  express  understand- 
ing and  condition  that  the  construction  herein  set  forth,  shall  be  given  to 
the  clause  quoted  in  the  preamble  hereof. 

Office  of  the  Chicago  West  Division  Railway  Company, 

Chicago,  August  25th,  1864. 

I hereby  certify  that  the  foregoing  is  a true  copy  of  a preamble  and  reso- 
lution passed  this  25th  day  of  August,  A.  D.  1864,  by  the  board  of  directors 
of  the  Chicago  West  Division  Railway  Company. 

(Seal)  WM.  H.  OVINGTON,  Secretary. 

§ 562.  Chicago  West  Division  Railway  company. 

IT  i*  Extension  authorized. 

IF  2.  Application  of  contracts. 

IT  3*  Construction  of  tracks — time  limit. 

An  ordinance  authorizing  the  extension  of  tracks  of  the  Chicago  West  Division 
Railway  company  on  West  Van  Buren  street.  (Passed  November  13,  1871.) 

1 1.  Extension  authorized.]  Be  it  ordained  by  the  common 
council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  West  Di- 

vision Railway  Company  be  and  is  hereby  authorized  and  permitted 
to  lay  down  and  maintain  a single  or  double  track  railway,  with  all  the 
necessary  turnouts,  switches  and  side  tracks,  on  West  Van  Buren 
street,  from  the  east  line  of  South  Western  plank  road  (or  Ogden  ave- 
nue) to  Western  avenue,  and  to  run  its  cars  there,  on  the  condition 
with  its  track  on  South  Clinton  street  and  Van  Buren  street,  east  of 
South  Western  plank  road,  but  the  said  company  shall  not  be  required 
to  lay  its  track  west  of  Hoyne  street,  until  said  Van  Buren  street  shall 
be  opened  and  continued  direct  between  Hoyne  and  Leavitt  streets. 

1 2.  Application  of  contracts.]  § 2.  All  contracts  by  and  be- 


1326 


STREET  RAILWAYS. 


L§  563 


tween  the  city  of  Chicago  and  said  railway  company,  applicable  to  the 
line,  its  line  on  Van  Buren  street  east  of  Southwestern  plank  road  (or 
Ogden  avenue),  shall  be,  and  are  hereby,  extended  to  its  line  on  Van 
Buren  street  west  of  Southwestern  plank  road  hereby  authorized,  and 
the  said  company  shall  enjoy  and  exercise  the  same  privileges,  and  be 
subject  to  the  conditions  on  line  hereby  authorized,  as  now  apply  to  its 
line  on  said  West  Van  Buren  street,  east  of  Southwestern  plank  road. 

f 3.  Construction  of  tracks — time  limit.]  § 3.  The  said  rail- 
way company  shall  lay  or  cause  to  be  laid  a single  or  double  track  on 
said  West  Van  Buren  street,  from  Southwestern  plank  road  to  Hoyne 
street,  within  six  months  from  the  passage  of  this  ordinance,  and  from 
Hoyne  street  to  Western  avenue  within  six  months  from  and  after  said 
Van  Buren  street  shall  be  opened  between  Hoyne  and  Leavitt  streets; 
otherwise  this  ordinance  shall  be  null  and  void,  and  the  right  of  way 
hereby  granted  to  said  company  shall  cease. 

§ 563.  Chicago  West  Division  Railway  company. 

1.  Privileges  given. 

IF  2.  Preamble 

it  3.  Extension  of  time. 

Resolution  in  relation  to  track  on  Fifth  avenue.  (Passed  February  5,  1872.) 

1.  Privileges  given.]  Resolved,  By  the  common  council 
of  the  city  of  Chicago,  that  authority  and  consent  be,  and  the 
same  are  hereby  granted  to  the  Chicago  West  Division  Rail- 
way Company  to  take  up  and  remove  temporarily  their  rail- 
way track  on  Wells  street  (or  Fifth  avenue),  between  Van 
Buren  and  Polk  streets,  with  the  right  to  reconstruct  and  restore 
the  same,  with  the  necessary  curves  and  side  tracks,  whenever  it  shall 
be  deemed  by  them  desirable  so  to  do;  and  afterward  to  maintain  and 
use  the  said  track  upon  the  same  terms  and  conditions,  and  with  the 
same  privileges,  immunities,  and  exemptions  heretofore  granted  to 
said  company  under  existing  ordinances  and  contracts,  and  contracts 
relating  to  the  use  of  that  portion  of  said  street  for  railway  purposes. 

Resolution  in  relation  to  track  on  Van  Buren  street.  [Passed 
July  8,  1872.] 

2.  Preamble.]  Whereas,  On  the  13th  day  of  November,  1871, 
an  ordinance  was  passed  authorizing  the  Chicago  West  Division  Rail- 
way Company  to  extend  their  rails  on  West  Van  Buren  street  from 
their  present  termination  at  Southwestern  avenue ; and,  whereas,  under 
the  third  section  of  said  ordinance  said  company  were  required  to 
lay  down  the  rails  and  complete  the  track  as  far  west  as  Hoyne  street 
within  six  months  after  the  date  of  the  passage  of  said  ordinance,  and 
the  difficulty  of  laying  the  rails  during  the  winter  months  having  pre- 
vented the  company  from  completing  the  same  during  the  time  so 
limited  as  aforesaid;  now,  therefore,  be  it 


5<m] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1327 


^ 3.  Extension  of  time.]  Resolved,  By  the  common  council  of 
the  city  of  Chicago,  that  the  time  within  which  said  company  shall  lay 
its  rails  and  complete  its  said  track  to  Hoyne  street,  as  aforesaid,  is 
hereby  further  extended  six  months  from  and  after  the  time  so  limited 
as  aforesaid  in  the  third  section  of  said  ordinance. 

§ 564.  Chicago  West  Division  Railway  company. 

«[  1.  Grant — condition  of  street. 

•ff  2.  Motive  power — exclusive  use  of  tracks. 

•jf  3.  Limitation  as  to  use  of  cars. 

•j  4.  Tracks — grade. 

5.  Proportion  of  cost  of  street  paving. 
i\  6.  Time  limitation  for  completion  of  railway. 

7.  Rights  cease  October  1,  1894 — purchase  by  city. 

8.  Order  to  purchase — limitation. 

9.  Rights  of  city  reserved. 

If  10.  Bond. 

■ff  ii-  When  in  effect  and  force. 

An  ordinance  authorizing  the  construction  and  operation  of  a horse  railway  on 

North  avenue,  between  Milwaukee  avenue  and  Humboldt  park,  in  the  city 

of  Chicago.  (Passed  March  8,  1875.) 

T 1.  Grant— condition  of  streets.]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of 

the  acceptance  hereof,  and  the  undertaking  of  the  Chicago  West  Di- 
vision Railway  Company  to  comply  with  the  provisions  herei'n  con- 
tained, authority,  permission,  and  consent  are  hereby  given,  granted, 
and  duly  vested  in  said  company,  its  successors  and  assigns,  to  lay 
down,  operate  and  maintain  a single  or  double  track  railway,  with  all 
necessary  turnouts,  turntables,  side  tracks,  and  switches,  in,  upon,  and 
along  North  avenue,  in  said  city  of  Chicago,  commencing  at  the  inter- 
section of  said  North  avenue  with  Milwaukee  avenue,  and  to  connect 
with  the  track,  or  tracks  now  upon  said  Milwaukee  avenue,  and  thence 
to  extend  west  to  the  present  and  to  the  future  city  limits;  Provided, 
the  track  or  tracks  of  said  railway  shall  not  be  laid  within  twelve  feet 
of  the  sidewalks  of  said  North  avenue. 

And  provided,  further,  that  before  said  company  shall  lay  any 
track  or  tracks  under  the  provisions  of  this  ordinance  they  shall,  at 
their  own  expense,  grade  and  cinder  North  avenue,  between  Milwau- 
kee avenue  and  Western  avenue,  to  the  width  of  thirty-three  feet,  and 
put  said  North  avenue  in  a good,  passable  condition  for  wagons.  . 

1 2.  Motive  power — exclusive  use  of  tracks.]  § 2.  The 
cars  or  carriages  to  be  used  upon  said  track  or  tracks  hereby  author- 
ized to  be  constructed  upon  said  North  avenue  shall  be  operated  with 
animal  power  only,  and  no  railway  car  or  carriage  used  by  any  other 
railroad  company  in  this  State  shall  be  used  upon  or  passed  over  said 
track  or  tracks. 

1 3.  Limitation  as  to  the  use  of  cars.]  § 3.  The  said  track  or 
tracks  and  cars  operated  thereon  shall  be  used  for  no  other  purpose 


1328 


STREET  RAILWAYS. 


[§  564 


than  to  transport  passengers  and  their  ordinary  baggage;  and  the  cars 
or  carriages  used  for  that  purpose  shall  be  of  the  best  style  and  class 
in  use  on  such  railways ; and  the  common  council  shall  have  the  power 
at  all  times  to  make  such  regulations  as  to  the  rate  of  speed  and  time 
of  running  said  cars  and  carriages  as  said  council  may  require. 

If  4.  Tracks — grade.]  § 4.  The  track  or  tracks  of  said  rail- 
way shall  not  be  elevated  above  the  surface  of  the  street,  and1  shall  be 
laid  with  modern  improved  rails,  and  shall  be  so  laid  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  said  track  or  tracks  at 
any  and  all  points,  and  in  any  and  all  directions,  without  obstruction. 

T 5.  Proportion  of  cost  of  street  paving.]  § 5.  The  said 
railway  company,  its  associates,  successors  and  assigns,  shall  pay  one- 
third  of  the  cost  of  grading,  paving,  macadamizing,  or  filling  said 
street,  or  parts  of  said  street,  on  which  it  is  hereby  authorized  to  con- 
struct said  railway,  and  shall  at  all  times  keep  that  portion  of  said 
street  as  shall  be  occupied  by  its  said  railway  in  good  repair  and  con- 
dition, in  accordance  with  whatever  orders  may  hereafter  be  passed 
in  that  behalf  by  said  common  council;  and  said  railway  company,  its 
successors  and  assigns,  shall  be  liable  for  all  legal  and  consequential 
damages  which  may  be  sustained  by  any  person,  by  reason  of  the  care- 
lessness, neglect,  or  misconduct  of  any  agent  or  servant  of  said  com- 
pany, its  successors  and  assigns,  in  the  course  of  their  employment  in 
the  construction  or  the  use  of  the  said  track  or  tracks  or  railway. 

1 6.  Time  limitation  for  completion  of  railway.]  § 6.  The 
rights  and  privileges  hereby  granted  to  said  company  shall  be  for- 
feited to  the  city  of  Chicago  unless  the  said  railway  shall  be  fully  com- 
pleted and  ready  for  use  on  or  before  the  first  day  of  October,  A.  D. 
1876;  Provided,  that  if  the  said  company  shall  be  delayed  by  the  order 
or  injunction  of  any  court,  the  time  of  such  delay  shall  be  excluded, 
and  the  same  time,  in  addition  to  the  period  above  described,  shall  be 
allowed  for  the  completion  of  said  railway  as  that  during  which  said 
company  may  have  been  so  delayed. 

1 7.  Rights  cease  October  1st,  1894— purchase  by  city.]  § 7. 
The  right  to  operate  said  railway  shall  extend  to  the  first  day  of  Octo- 
ber, A.  D.  1894,  at  which  time  the  rights  and  privileges  herein  and 
hereby  granted  to  said  company  shall  cease;  but  said  company,  oper- 
ating said  railway  at  said  time,  shall  be  entitled  to  enjoy  all  of  such 
rights  and  privileges  after  the  expiration  of  said  time,  and  until  the 
common  council  shall  thereafter  elect,  by  order  for  that  purpose,  to 
purchase  said  track  or  tracks  of  said  railway,  cars,  carriages,  furniture, 
and  implements  of  every  kind  and  description  used  in  the  construction 
and  operation  of  said  railway,  and  pay  for  the  same  in  the  manner 
hereinafter  mentioned. 

If  8.  Order  to  purchase— limitation.]  § 8.  Such  order  to 
purchase  shall  fix  the  time  when  said  city  of  Chicago  will  take  such 
railway  and  other  property  before  mentioned,  which  shall  not  be  less 


§ 564]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1829 

than  six  months  after  the  passage  of  said  order,  and  at  the  time  of 
taking  such  railway  and  other  property  before  mentioned  the  city  of 
Chicago  shall  pay  to  the  parties  operating  the  same,  a sum  of  money 
to  be  ascertained  by  three  commissioners,  to  be  appointed  for  that 
purpose,  as  follows:  One  to  be  chosen  from  the  disinterested  free- 

holders of  Cook  county  by  the  said  common  council;  one  in  like  man- 
ner by  the  said  company,  its,  associates,  or  successors;  and  the  two 
persons  so  chosen  to  choose  the  third  from  said  freeholders. 

1 9.  Rights  of  city  reserved.]  § 9.  All  rights  heretofore 
vested  in  the  board  of  water  commissioners  and  sewerage  commission- 
ers, or  other  corporations,  are  not  to  be  impaired  or  affected  by  this 
ordinance,  but  the  rights  and  privileges  hereby  granted  are  subject 
thereto. 

1"  10.  Bond.]  § 10.  The  said  Chicago  West  Division  Rail- 
way Company  shall  enter  into  a good  and  sufficient  bond  with  the  city 
of  Chicago  in  the  penal  sum  of  ten  thousand  dollars  for  the  faithful 
performance  of  all  the  terms  and  conditions  herein  contained  in  this 
ordinance,  and  that  said  railway  herein  mentioned  shall  be  completed 
at  the  times  and  manner  herein  stated,  unless  delayed  by  the  order  or 
injunction  of  some  court  having  jurisdiction  of  such  matters,  from  so 
completing  the  same,  and  said  Chicago  West  Division  Rail- 
way Company  shall  also  enter  into  a good  and  sufficient 
bond  with  the  city  of  Chicago  in  the  jpenal  sum  of  fifty 
thousand  dollars,  for  all  legal,  consequential,  or  other  dam- 
ages which  may  be  sustained  by  any  person  or  persons  by  reason 
of  the  rights  and  privileges  herein  and  hereby  granted  to  said  com- 
pany, said  bonds  to  be  drawn  by  the  law  officers  of  the  city  of  Chi- 
cago, and  each  to  contain  such  conditions,  provisions,  restrictions, 
prohibitions,  or  other  matter  as  shall  in  the  opinion  of  such  law  officers 
be  necessary  to  fully  and  completely  protect  and  indemnify  the  said 
city  of  Chicago  in  all  things  from  any  and  all  loss  or  damage  by  rea- 
son of  the  grant  of  the  powers  and  privileges  herein  granted  to  said 
company. 

1 11.  When  in  effect  and  force.]  § n.  This  ordinance 
shall  take  effect  and  be  in  force  as  soon  as  the  same  shall  have  been 
dulv  accepted  by  the  said  Chicago  West  Chicago  Division  Railway 
Company,  and  the  said  company  shall  have  made  and  executed  the 
several  bonds  provided  for  herein  in  manner  and  form  as  hereinbe- 
fore required. 

Note. — See  amendatory  ordinance  following. 

AN  ORDINANCE  amending  the  first,  third,  fourth,  fifth,  tenth 
and  eleventh  sections  of  an  ordinance  entitled,  “An  ordinance  author- 
izing the  construction  and  operation  of  a horse  railway  on  North  ave- 
nue, between  Milwaukee  avenue  and  Humboldt  park,  in  the  city  of 
Chicago.”  Passed  April  19,  1875. 


84 


1330 


STREET  RAILWAYS. 


[§  564 


T 1.  Amending  sections  3,  4,  5,  10  and  11.]  Be  it  ordained 
by  the  common  council  of  the  city  of  Chicago:  § 1.  That  section 

one  of  said  ordinance  be,  and  the  same  is  hereby  amended  by  repeal- 
ing the  last  proviso  of  said  section  one,  and  that  sections  three,  four, 
five,  ten  and  eleven  in  said  original  ordinance  be  repealed  and  the  fol- 
lowing substituted: 

IT  3.  Section  3 amended.]  § 3.  The  said  track,  or  tracks, 
and  cars  operated  thereon  shall  be  used  for  no  other  purpose  than  to 
transport  passengers  and  their  ordinary  baggage,  and  said  track  or 
tracks  shall  be  so  laid  as  to  avoid  the  unnecessary  elevation  of  their 
tracks  above  the  surface  of  the  street,  and  shall  be  so  maintained  by 
said  company  as  not  unnecessarily  to  obstruct  the  passage  of  carriages 
or  vehicles  over  them,  or  to  impair  the  usefulness  of  the  street  on 
which  they  are  laid;  shall  run  cars  or  carriages  thereon  of  a suitable 
style  and  description,  and  at  all  such  times  and  rate  of  speed  as  the 
public  convenience  and  safety  shall  to  it  seem  to  require. 

If  4.  Section  4 amended.]  § 4.  The  said  railway  company, 
its  successors  and  assigns,  as  respect  grading  and  paving,  shall  at 
their  own  expense  grade  and  pave  the  space  between  the  rails  and 
keep  the  same  in  good  repair  and  condition,  in  accordance  with  such 
ordinances,  orders  and  regulations  as  shall  be  passed  or  adopted  by 
the  common  council  of  said  city,  such  paving,  grading,  and  repairs  to 
be  subject  to  and  done  under  the  superintendence  and  direction  and 
to  the  satisfaction  of  the  board  of  public  works  of  said  city,  or  other 
board  of  officers  of  said  city  having  charge  and  superintendence  of 
the  improvements  and  repairs  of  streets. 

IT  5.  Section  5 amended.]  § 5.  Said  railway  company,  its 
successors  and  assigns,  shall  be  liable  for  any  legal  or  consequential 
damages  which  may  be  sustained  by  any  person  by  reason  of  the  care- 
lessness, neglect,  or  misconduct  of  any  agent  or  servant  of  said  com- 
pany, its  successors  and  assigns,  in  the  construction  or  use  of  said 
tracks  or  railway,  or  by  reason  of  the  misconstruction  or  faulty  or  de- 
fective construction  of  said  tracks  or  any  of  them. 

If  10.  Section  10  amended.]  § 10.  The  permission  and  au- 
thority hereby  granted  are  upon  the  further  condition  that  the  said 
railway  company  shall  and  will  'forever  indemnify  and  save  harmless 
the  city  of  Chicago  against  any  and  all  damages,  judgments,  decrees, 
and  costs  and  expenses  of  the  same  which  it  may  suffer,  or  which  may 
be  recovered  and  obtained  against  said  city  for  or  by  reason  of  the 
granting  of  such  privilege  and  authority,  or  for  or  by  reason  of  or 
growing  out  of  or  resulting  from  the  passage  of  this  ordinance,  or  any 
matter  or  thing  connected  therewith,  or  with  the  exercise  by  said 
company  of  the  privileges  hereby  granted. 

If  11.  Section  11  amended.]  § 11.  This  ordinance  shall  take 
effect  and  be  in  force  as  soon  as  the  same  shall  have  been  duly  ac- 
cepted by  the  said  Chicago  West  Division  Railway  Company. 


§5^5] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1331 


§ 565.  Chicago  West  Division  Railway  company. 

«T  1.  Grant — completion  of  track  laying. 

Tl  2.  Track  laying — conditions, 
if  3-  Rate  of  fare. 

•ff  4.  Animal  power  only. 

if  5.  Passenger  traffic  only. 

if  6.  Street  improvements,  repairs,  etc. 

it  7-  Forfeiture. 

it  8.  Vested  rights  unaffected. 

it  9.  Term  of  grant. 

An  ordinance  authorizing  a horse  railway  on  West  Indiana  street.  (Passed 

August  9,  1875.) 

1 1.  Grant — completion  of  track  laying.]  Be  it  ordained  by 
the  common  council  of  the  city  of  Chicago:  § 1.  That  the  Chicago 

W est  Division  Railway  Company  is  hereby  authorized  to  lay  a single 
or  double  track,  with  all  necessary  and  convenient  tracks  for  turn- 
outs, side  tracks  and  switches,  in,  upon  and  along  West  Indiana 
street,  from  its  intersection  with  Halsted  street  and  Milwaukee  ave- 
nue, west  to  the  present  and  future  limits  of  the  city,  and  to  operate 
the  same  in  connection  with  the  horse  railroad  of  said  company  on 
said  Halsted  street,  and  along  Milwaukee  avenue  at  its  intersection 
with  West  Indiana  street  and  Halsted  street,  southeast  to  Clinton 
street,  thence  south  on  Clinton  street  to  Randolph-  street,  and  op- 
erate the1  same,  in  connection  with  the  horse  railroads  of  said  com- 
pany on  Milwaukee  avenue  and  Randolph  street.  The  track  or  tracks 
of  said  railway  company  shall  be  laid  as  near  the  center  of 
said  street  as  they  can  be  safely  operated,  and  where  the  tracks  shall 
be  double,  they  shall  be  constructed  perfectly  parallel  as  far  as  prac- 
ticable. The  same  to  be  completed  as  far  west  as  Hoyne  street  by  the 
first  of  January  next,  and  from  Hoyne  street  west  to  such  point  as 
may  be  sewered  within  twelve  months  from  and  after  the  completion 
of  such  sewerage. 

If  2.  Track  laying— conditions.]  § 2.  The  track  of  such  rail- 
way shall  not  be  elevated  above  the  surface  of  the  street,  shall  be 
laid  with  such  modern  improved  rails  as  may  be  prescribed  by  the 
city,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  said  tracks,  at  any  and  all  points,  and  in  any  and  all 
directions,  without  obstruction. 

T 3.  Rate  of  fare.]  § 3.  The  rate  of  fare  for  any  distance 
shall  not  exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  special  purposes. 

T 4.  Animal  power  only.]  § 4.  The  cars  to  be  used  upon 
said  tracks  shall  be  operated  with  animal  power  only,  and  shall  not 
connect  with  any  other  railroad  on  which  other  power  is  used,  and 
no  railway  car  or  carriage  used  upon  any  other  railroad  in  this  state 
shall  be  used  upon  said  tracks. 


1332 


STREET  RAILWAYS. 


[§  565a 


If  5.  Passenger  traffic  only.]  § 5.  The  said  tracks  and  rail- 
ways shall  be  used  for  no  other  purpose  than  to  transport  passengers, 
and  the  cars  and  carriages  for  that  purpose  shall  be  of  the  best  style 
and  class. 

If  6.  Street  improvements,  repairs,  etc.]  § 6.  The  said 
company  shall,  as  respects  the  grading,  paving,  macadamizing,  filling 
or  planking  of  the  said  street,  or  any  part  thereof  upon  which  they 
shall  construct  their  said  railway,  keep  eight  feet  in  width  along  'the 
line  of  said  railway  whereon  one  track  is  constructed,  and  sixteen 
feet  in  width  along  the  line  of  said  railway  whereon  two  tracks  are 
constructed,  in  good  repair  and  condition  during  all  the  time  to 
which  the  privileges  hereby  granted  to  said  company  shall  extend,  in 
accordance  with  whatever  order  or  regulation  respecting  the  ordi- 
nary repairs  thereof  mav  be  passed  or  adopted  by  the  common  coun- 
cil of  said  city.  And  the  said  company  shall  be  liable  for  all  legal 
consequential  damages  which  may  be  sustained  by  any  person  by 
reason  of  the  carelessness,  negligence  or  misconduct  of  any  of  the 
agents  or  servants  of  the  said  company  in  the  course  of  their  em- 
ployment in  the  construction  or  use  of  the  railways  aforesaid,  or  any 
or  either  of  them. 

Tf  7.  Forfeiture,  when.]  § 7.  If  the  said  company  shall  fail 
to  complete  the  said  railway  in  this  ordinance  mentioned,  at  the  time 
mentioned  and  provided,  and  according  to  the  conditions  prescribed 
herein,  then  the  rights  and  privileges  granted  by  virtue  hereof  re- 
specting said  railway  shall  be  forfeited  to  the  city  of  Chicago,  unless 
the  common  council  of  said  city  shall  grant  to  said  company  a further 
extension  of  time;  Provided,  that  if  said  company  is  delayed  by  the 
order  or  injunction  of  any  court,  the  time  of  such  delay  shall  be  ex- 
cluded from  the  time  above  prescribed. 

% 8.  Vested  rights  unaffected.]  § 8.  All  rights  heretofore 
vested  in  the  board  of  water  commissioners  and1  sewerage  commis- 
sioners, or  other  corporations,  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges  hereby 
granted  are  subject  thereunto. 

H 9.  Term  of  grant.]  § 9.  The  said  company  shall  keep, 
maintain,  use  and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages,  under  the  terms  and  restrictions  herein  provided,  for  and 
during  the  term  and  period  of  twenty  years  from  the  date  of  the  pas- 
sage of  this  ordinance. 

Note. — See  amendatory  ordinance  following. 

§ 565a.  An  ordinance  amending  ordinance  of  August  9,  1875, 
concerning  a horse  railway  on  Indiana  street. 

Amending  section  i. 


§ 566]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1333 

An  ordinance  amending  ordinance  of  August  9,  1875,  concerning  a horse  railway- 
on  Indiana  street.  (Passed  August  12,  1875.) 

IT  1.  Amending  section  1.]  Be  it  ordained  by  the  common 
council  of  the  city  of  Chicago  : That  the  first  section  of  the  ordinance 

entitled  “An  ordinance  for  horse  railway  on  West  Indiana  street,” 
adopted  August  the  9th,  1875,  be  amended  by  adding  to  said  section 
the  words,  “provided  the  time  for  the  construction  of  that  part  of 
said  proposed  railway  east  of  Halsted  street  on  Milwaukee  avenue 
and  Clinton  street  shall  be  extended  for  the  period  of  six  months 
from  and  after  the  completion  of  the  proposed  viaduct  at  the  railroad 
crossing  on  Milwaukee  avenue,  and  that  as  thus  amended  said  ordi- 
nance be  ratified  and  confirmed. 

§ 5 66.  Chicago  West  Division  Railway  company. 

If  1.  Extension  of  grant. 

If  2.  Laying  of  tracks. 

If  3.  Animal  power  only. 

IT  4.  Passenger  traffic  only. 

If  5.  Street  improvements  and  repairs. 

If  6.  Forfeiture. 

it  7.  Vested  rights  reserved. 

if  8.  Term  of  grant. 

it  9-  Right  of  city  to  purchase. 

11  10.  Price — how  fixed, 
it  11.  When  in  effect. 

An  ordinance  authorizing  the  construction  and  operation  by  the  Chicago  West 
__  ^Division  Railway  company  of  an  extension  of  their  tracks  on  Blue  Island 

avenue,  from  Rebecca  street  to  Twenty-second  street.  (Passed  February 

21,  1876.) 

IT  1.  Extension  of  grant.]  Be  it  ordained  by  the  common 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein  contained, 
permission  and  consent  are  hereby  given,  granted  and  duly  vested  in 
said  company,  its  successors  and  assigns,  to  lay  down,  operate  and 
maintain  an  extension  of  their  double  track  railway,  with'  all  neces- 
sary and  convenient  turn-outs,  turn-tables,  side  tracks  and  switches, 
on  Blue  Island  avenue  from  its  present  termination  at  Rebecca  street 
southwest  and  over  and  along  the  proposed  railroad  viaduct  to  Twen- 
ty-second street,  the  same  to  be  completed  within  six  months  from 
and  after  the  passage  of  this  ordinance,  or  as  soon  as  the  said  avenue 
shall  be  paved. 

1"  2.  Laying  of  tracks.]  § 2.  The  tracks  of  such  railway 
shall  be  laid  with  such  modern  improved  rails  as  may  be  prescribed 
by  the  city,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  said  tracks  at  any  and  all  points,  and  in  any 
and  all  directions,  without  obstruction. 

If  3.  Animal  power  only,]  § 3.  The  cars  to  be  used  upon 


1334 


STREET  RAILWAYS. 


[§  566 


said  tracks  shall  be  operated  with  animal  power  only,  and  shall  not 
connect  with  any  other  railroad  on  which  other  power  is  used,  and 
no  railway  car  or  carriage  used  upon  any  other  railroad  in  this  state 
shall  be  used  upon  said  tracks. 

1 4.  Passenger  traffic  only.]  § 4.  The  said  tracks  and  rail- 
way shall  be  used  for  no  other  purpose  than  to  transport  passengers, 
and  the  cars  and  carriages  for  that  purpose  shall  be  of  the  best  style 
and  class. 

T 5.  Street  improvements,  repairs,  etc.]  § 5.  The  said  com- 
pany, as  respects  the  grading,  paving,  macadamizing,  filling  or  plank- 
ing of  said  Blue  Island  avenue,  upon  which  they  shall  construct  their 
said  railway,  shall  pave  between  their  rails,  and  keep  sixteen  feet  in 
width  along  the  line  of  said  railway  where  two  tracks  are  constructed 
in  good  repair  and  condition  during  all  the  time  to  which  the  privi- 
lege hereby  granted  to  said  company  shall  extend,  in  accordance 
with  whatever  order  or  regulation  respecting  the  ordinary  repairs 
thereof  may  be  passed  or  adopted  by  the  common  council  of  said 
city.  And  the  said  company  shall  be  liable  for  all  legal  consequential 
damages  which  may  be  sustained  by  any  person  by  reason  of  the 
carelessness,  negligence  or  misconduct  of  any  of  the  agents  or  servants 
of  the  said  company  in  the  course  of  their  employment  in  the  construc- 
tion or  use  of  the  railway  aforesaid,  by  any  or  either  of  them. 

IT  6.  Forfeiture.]  § 6.  If  the  said  company  shall  fail  to  com- 
plete the  extension  of  said  railway  in  this  ordinance  mentioned  at  the 
time  mentioned  and  provided,  and  according  to  the  conditions  pre- 
sented herein,  then  the  rights  and  privileges  granted  by  virtue  hereof 
respecting  said  railway  shall  be  forfeited  to  the  city  of  Chicago,  un- 
less the  common  council  of  said  city  shall  grant  to  said  company  a 
further  extension  of  time. 

If  7.  Vested  rights  reserved.]  § 7.  All  rights  heretofore 
vested  in  the  board  of  water  commissioners  and  sewerage  commis- 
sioners, or  other  corporations,  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges  hereby  granted 
are  subject  thereunto. 

T 8.  Term  of  grant.]  § 8.  The  said  company  shall  keep, 
maintain,  use  and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  under  the  terms  and  restrictions  herein  provided  for,  and 
during  the  term  and  period  of  twenty  years  from  the  date  of  the  pas- 
sage of  this  ordinance. 

T 9.  Right  of  city  to  purchase.]  § 9.  The  said  company 
shall  be  entitled  to  enjoy  all  of  such  rights  and  privileges  hereby 
granted  after  the  expiration  of  the  time  fixed  in  this  ordinance,  and 
until  the  common  council  shall  thereafter  elect  by  order  for  that  pur- 
pose, to  purchase  said  track  or  tracks  of  said  railway,  cars,  carriages, 
furniture  and  implements  and  appurtenances  of  every  kind  and  de- 


§ 567] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1335 


scription  used  in  the  construction  and  operation  of  said  railway,  and 
pay  for  the  same  in  the  manner  hereinafter  mentioned. 

If  10.  Price,  how  fixed.]  § 10.  Such  order  to  purchase  shall 
fix  the  time  when  said  city  of  Chicago  will  take  such  railway  and 
other  property  before  mentioned,  which  shall  not  be  less*  than  six 
months  after  the  passage  of  said1  order,  and  at  the  time  of  taking 
such  railway  and  other  property  before  mentioned  the  city  olf  Chi- 
cago shall  pay  to  the  party  or  parties  operating  the  same  a sum  of 
money,  to  be  ascertained  by  three  commissioners  to  be  appointed  for 
that  purpose  as  follows:  One  to  be  chosen  from  the  disinterested 

freeholders  of  Cook  county  by  the  said  common  council:  one  in  like 
manner  by  the  said  company,  its  associate,  or  successors,  and  the  two 
persons  so  chosen  to  choose  the  third  from  said  freeholders. 

If  11.  When  in  effect.]  §11.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  same  shall  be  accepted  by  the  com- 
pany. 

§ 567.  Chicago  West  Division  Railway  company. 

1.  Authority  to  build. 

V 2.  Track  laying. 

•if  3.  Rate  of  fare, 
if  4.  Animal  power  only. 

Hf  5.  Passenger  traffic  only. 

Hf  6.  Street  improvements  and  repairs. 

Hf  7.  Forfeiture. 

•r  8.  Vested  rights  reserved, 
ir  9.  Term  of  grant. 

Hf  10.  When  in  force. 

An  ordinance  for  the  construction  and  operation  of  a horse  railway  on  Ogden 
avenue,  in  the  city  of  Chicago.  (Passed  February  28,  1876.) 

IT  1.  Authority  to  build.]  Be'  it  ordained1  by  ihe  common 
council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  West  Di- 

vision Railway  Company  is  hereby  authorized  to  lay  a double  track, 
with  all  necessary  and  convenient  tracks  for  turn-outs  and  switches, 
in,  upon  and  along  Ogden  avenue,  from  its  intersection  with  Madison 
street;  southwest  to  Western  avenue,  a single  or  double  track,  and 
to  operate  the  same  in  connection  with  the  horse  railroad  of  said 
company  on  said  Madison  street,  the  same  to  be  completed  and 
operated  as  far  southwest  as  Western  avenue  within  six  months  from 
the  passage  of  this  ordinance. 

T 2.  Track  laying.]  § 2.  The  track  of  such  railway  shall  be 
laid  with  such  modern  improved  rails  as  may  be  prescribed  by  the 
city,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  said  tracks  at  any  and  all  points,  and  in  any  and  all 
directions,  -without  obstruction. 

Hf  3.  Rate  of  fare.]  § 3.  The  rate  of  fare  for  any  distance 
shall  not  exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  special  purposes. 


1336 


STREET  RAILWAYS. 


L§  56 7 


IT  4.  Animal  power  only.]  § 4.  The  cars  to  be  used  upon 
said  tracks  shall  be  operated  with  animal  power  only,  and  shall  not 
connect  with  any  other  railroad  on  which  other  power  is  used,  and  no 
railway  car  or  carriage  used  upon  any  other  railroad  in  this  state 
shall  be  used  upon  said  tracks.* 

1 Passenger  traffic  only.]  § 5.  The  said  tracks  and  railway 
shall  be  used  for  no  other  purpose  than  to  transport  passengers, 
and  the  cars  and  carriages  for  that  purpose  shall  be  of  the  best  style 
and  class. 

T 6.  Street  improvements,  repairs,  etc.]  § 6.  The  said  com- 
pany shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  the  streets  or  parts  of  streets  upon  whfch  they  shall  con- 
struct their  said  railways  or  any  of  them,  keep  eight  feet  in  width 
along  the  line  of  said  railway  on  all  streets  whereon  one  track  is  con- 
structed, and  sixteen  feet  in  width  along  the  line  of  said  railway  where 
two  tracks  are  constructed,  in  good  repair  and  condition  during  all 
the  time  to  which  the  privilege  hereby  granted  to  said  company  shall 
extend,  in  accordance  with  whatever  order  or  regulation  respecting 
the  ordinary  repairs  thereof  may  be  passed  or  adopted  by  the  com- 
mon council  of  said  city.  And  the  said  company  shall  be  liable  for  all 
legal  conseqential  damages  which  may  be  sustained  by  any  person 
by  reason  of  the  carelessness,  negligence  or  misconduct  of  any  of  the 
agents  or  servants  of  the  said  company  in  the  course  of  their  employ- 
ment in  the  construction  or  use  of  the  railways  aforesaid,  by  any  or 
either  of  them. 

T 7.  Forfeiture.]  § 7.  If  the  said  company  shall  fail  to  com- 
plete the  said  railway  in  this  ordinance  mentioned  at  the  time  men- 
tioned and  provided,  and  according  to  the  conditions  presented  herein, 
then  the  rights  and  privileges  granted  by  virtue  hereof  respecting  said 
railway  shall  be  forfeited  to  the  city  of  Chicago,  unless  the  common 
council  of  said  city  shall  grant  to  said  company  a further  extension  of 
time:  Provided,  that  if  said  company  is  delayed  by  the  order  or  in- 

junction of  any  court  the  time  of  such  delay  shall  be  excluded  from 
the  time  above  prescribed. 

f 8.  Vested  rights  reserved.]  § 8.  All  rights  heretofore 
vested  in  the  board  of  water  commissioners  and  sewerage  commis- 
sioners, or  other  corporations,  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges  hereby 
granted  are  subject  thereunto. 

d[  9.  Term  of  grant.]  § 9.  The  said  company  shall  keep, 
maintain,  use  and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  under  the  terms  and  restrictions  herein  provided  for  and 
during  the  term  and  period  of  twenty  years  from  the  date  of  the  pas- 
sage of  this  ordinance. 

10.  When  in  force.]  § 10.  This  ordinance  shall  take  ef- 


§568] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1337 


feet  and-  be  in  force  as  soon  as  the  same  shall  be  accepted  by  the 
company. 

Note. — See  following  ordinance. 

An  ordinance  relating  to  the  purchase  of  the  rights  and  privileges 
granted  to  the  Chicago  West  Division  Railway  Company  in  the  fore- 
going ordinance.  Passed  July  io,  1876. 

1 1.  Purchase  of  rights— arbitrators  designated.]  Be  it  or- 
dained by  the  common  council  of  the  city  of  Chicago:  The  right  of 

the  Chicago  West  Division  Railway  Company,  under  the  ordinance 
to  which  this  is  an  amendment,  to  operate  said  railway  shall  cease  at 
the  end  of  twenty  years  from  the  date  of  the  passage  of  said  ordi- 
nance, as  therein  provided,  but  said  railway  company  shall  be  entitled 
to  enjoy  all  of  such  rights  and  privileges  after  the  expiration  of  said 
time  and  until  the  common  council  shall  thereafter  elect,  by  order 
for  that  purpose,  to  purchase  said  track  or  tracks  of  said  railway, 
cars,  carriages,  furniture  and  implements,  and  appurtenances  of  every 
kind  and  description  used  in  the  construction  and  operation  of  said 
railway,  and  pay  for  the  same  in  the  manner  hereinafter  mentioned. 
Such  order  to  purchase  shall  fix  the  time  when  said  city  of  Chicago 
will  take  such  railway,  and  other  property  before  mentioned,  which 
shall  not  be  less  than  six  months  after  the  passage  of  said  order,  and 
at  the  time  of  taking  such  railway  and  other  property  before  men- 
tioned the  city  of  Chicago  shall  pay  to  the  parties  operating  the  same 
a sum  of  money,  to  be  ascertained  by  three  commissioners  to  be 
appointed  for  that  purpose,  as  follows:  One  to  be  chosen  from  the 

disinterested  freeholders  of  Cook  county  by  the  said  common  coun- 
cil, one  in  like  manner  by  the  said  company,  its  associates  or  suc- 
cessors, and  the  two  persons  so  chosen  to  choose  the  third,  from  said 
freeholders. 

§ 568.  Chicago  West  Division  Railway  company. 


If 

1. 

Extension  authorized. 

If 

2. 

Tracks. 

IT 

3- 

Animal  power  only. 

IT 

4- 

Passenger  transportation  only. 

If 

5. 

Street  improvements  and  repairs. 

nr 

6. 

Forfeiture. 

If 

7- 

Vested  rights  reserved. 

IT 

8. 

Term  of  grant. 

«T[ 

9- 

Right  of  city  to  purchase. 

If 

10. 

Price — how  to  be  fixed. 

nr 

11. 

When  to  take  effect. 

An  ordinance  authorizing  the  construction  and  operation  by  the  Chicago  West 
Division  Railway  company  of  an  extension  of  their  tracks  on  South  Halsted 
street  from  Harrison  street  south  to  the  south  branch  of  the  Chicago  river. 
(Passed  September  25,  1876.) 

1.  Extension  authorized.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  ac- 


1338 


STREET  RAILWAYS. 


[§  568 


ceptance  hereof,  and'  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein  contained, 
permission  and  consent  are  hereby  given,  granted  and  duly  vested  in 
said  company,  its  successors  and  assigns,  to  lay  down,  operate  and 
maintain  an  extension  of  their  double  track  railway,  with  all  neces- 
sary and  convenient  turn-outs,  turn-tables,  side  tracks  and  switches, 
on  South  Halsted  street,  from  Harrison  street  south,  and  over  and 
along  the  viaduct,  to  the  south  branch  of  the  Chicago  river,  the  same 
to  be  completed  within  four  months  from  and  after  the  passage  of 
this  ordinance;  Provided,  that  if  said  company  shall  be  delayed  by 
the  order  or  injunction  of  any  court  of  competent  jurisdiction  from 
completing  said  railway,  the  time  of  such  delay  shall  be  excluded  from 
the  period  prescribed  herein  for  completing  the  same. 

T 2.  Tracks.]  § 2.  The  tracks  of  such  railway  shall  be  laid 
with  such  modern  improved  rails  as  may  be  prescribed  by  the  city, 
and  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily  and 
freely  cross  said  tracks  at  any  and  all  points,  and  in  any  and  all  di- 
rections, without  obstruction. 

T 3.  Animal  power  only.]  § 3.  The  cars  to  be  used  upon  said 
tracks  shall  be  operated  with  animal  power  only,  and  shall  not  con- 
nect with  any  other  railroad  on  which  other  power  is  used,  and  no 
railway  car  or  carriage  used  upon  any  other  railroad  in  this  state 
shall  be  used  upon  said  tracks. 

1 4,  Passenger  transportation  only.]  § 4.  The  said  tracks 
and  railway  shall  be  used  for  no  other  purpose  than  to  transport  pas- 
sengers, and  the  cars  and  carriages  for  that  purpose  shall  be  of  the 
best  style  and  class. 

1 5.  Street  improvements  and  repairs.]  § 5.  The  said  Chi- 
cago West  Division  Railway  Company,  its  successors  or  assigns,  as 
respects  grading,  paving,  macadamizing,  filling  or  planking  shall,  at 
their  own  expense,  lay  down  a new  road  bed  sixteen  feet  wide,  and 
keep  sixteen  feet  in  width  in  repair  on  said  South  Halsted  street,  so 
far  as  the  same  is  embraced  in  this  ordinance,  and  keep  their  tracks 
in  such  condition  that  wagons,  carriages  and  other  vehicles  can  pass 
and  repass  at  any  and  all  points,  and  in  any  and  all  directions-,  and 
as  to  said  sixteen  feet  in  width  shall  pave,  repave,  plank,  replank,  or 
make  any  other  kind  of  new  improvement  which  may  by  ordinance  be 
ordered  at  any  time  by  the  city  council  on  said  South  Halsted  street 
so  far  as  embraced  in  this  ordinance. 

T 6.  Forfeiture.]  § 6.  If  the  said  company  shall  fail  to  com- 
plete the  extension  of  said  railway  in  this  ordinance  mentioned,  at  the 
time  mentioned  and  provided,  and  according  to  the  conditions  pre- 
sented herein,  then  the  rights  and  privileges  granted  by  virtue  hereof 
respecting  said  railway  shall  be  forfeited  to  the  city  of  Chicago,  un- 
less the  city  council  of  the  city  shall  grant  to  said  company  a further 
extension  of  time. 


coo 


569]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1339 

T 7.  Vested  rights  reserved.]  § 7.  All  rights  heretofore 
vested  in  the  board  of  water  commissioners  and  sewerage  commis- 
sioners, or  other  corporations,  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges  hereby  granted 
are  subject  thereunto. 

T 8.  Term  of  grant.]  § 8.  The  said  company  may  keep, 
maintain,  use  and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  upon  the  terms,  with  the  rights  and  subject  to  the  condi- 
tions and  restrictions  mentioned  in  the  act  incorporating  said  com- 
pany, and  acts  amendatory  of  the  same,  for  the  term  and  period  of 
twenty  years  from  the  date  and  passage  of  this  ordinance. 

I-  9.  Right  of  city  to  purchase.]  § 9.  The  said  company 
shall  be  entitled  to  enjoy  all  such  rights  and  privileges  hereby  granted 
after  the  expiration  of  the  time  fixed  in  this  ordinance,  and  until  the 
city  council  shall  thereafter  elect,  by  order  for  that  purpose,  to  grant 
the  privilege  to:  some  person,  persons,  party  or  parties,  or  company, 
to  purchase  said  track  or  tracks  of  said  railway,  cars,  carriages,  furni- 
ture and  implements,  and  appurtenances  of  every  kind  and  descrip- 
tion used  in  the  construction  and  operation  of  said  railway,  and  pay 
for  the  same  in  the  manner  hereinafter  mentioned. 

T 10.  Price — how  to  be  fixed.]  § 10.  Such  order  to  pur- 
chase shall  fix  the  time  when  said  person,  persons,  party,  parties  or 
company  will  take  such  railway  and  other  property  before  mentioned, 
which  shall  not  be  less*  than  six  months  after  the  passage  of  said  or- 
der, and  at  the  time  of  taking  such  railway  and  other  property  before 
mentioned  the  said  person,  party  or  company  shall  pay  to  the  party 
or  parties  operating  the  same  a sum  of  money  to  be  ascertained  by 
three  commissioners,  to  be  appointed  for  that  purpose,  as  follows: 
One  to  be  chosen  by  said  person  or  parties  from  the  disinterested  free- 
holders of  Cook  county;  one  in  like  manner  by  the  said  company,  its 
associates  or  successors  operating  said  road,  and  the  two  persons  so 
chosen  to  choose  the  third  from  said  freeholders. 

1 11.  When  to  take  effect.]  § 11.  This  ordinance  shall 
take  effect  and  be  in  force  as  soon  as  the  same  shall  be  accepted  by  the 
company. 

§ 569.  Chicago  West  Division  Railway  company. 

TT  1.  Preamble. 

■jj  2.  Extension  of  grant  confirmed. 

3.  When  in  force. 

An  ordinance  confirming  and  ratifying  an  ordinance  for  a horse  railway  on  Hal- 

sted  street  from  Harrison  street  to  the  south  branch  of  the  Chicago  river. 

(Passed  October  2,  1876.) 

1"  1.  Preamble.]  Whereas,  a question  has  been  raised  respect- 
ing the  validity  of  a certain  ordinance  passed  by  the  city  council  at 
its  regular  meeting  held  on  the  25th  day  of  September,  A.  D.  1876, 


1340 


STREET  RAILWAYS. 


[§  570 


entitled,  “An  ordinance  authorizing  the  construction  and  operation 
by  the  Chicago  West  Division  Railway  Company  of  an  extension  of 
their  tracks  on  South  Halsted  street,  from  Harrison  street  south  to 
the  south  branch  of  the  Chicago  river;”  and  whereas,  it  is  desirable  that 
all  doubts  shall  be  removed  in  respect  to  the  rights,  powers  and  priv- 
ileges acquired  by  the  said  railway  company  under  the  said  ordinance, 
therefore, 

T 2.  Extension  of  grant  confirmed.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago.  § 1.  That  all  the  rights,  powers, 
privileges,  permission  and  consent  granted  to  the  said  Chi- 
cago West  Division  Railway  Company  in  and  by  the  aforesaid  ordi- 
nance, or  intended  so  to  be,  and  as  the  same  are  therein  set  forth  and 
specified,  are  hereby  confirmed  and  duly  granted  to  and  vested  in  said 
Chicago  West  Division  Railway  Company  to  the  same  extent,  and 
with  the  same  effect  in  all  respects  as  if  the  provisions  of  the  aforesaid 
ordinance  were  herein  set  forth  at  large;  Provided,  that  the  fare  for 
the  entire  distance  shall  not  exceed  five  cents  a trip  to  the  city  limits 
whenever  the  lines  of  said  company  shall  be  extended  to  said  limits, 
or  the  same  shall  be  connected  with  the  South  Side  Railway  Com- 
pany. 

Tf  3.  When  in  force,]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 570.  Chicago  West  Division  Railway  company. 

1.  O’Neil  street  extension. 

^1  2.  When  in  force. 

An  ordinance  authorizing  the  construction  and  operation  of  street  railway  tracks 
on  O’Neil  street.  (Passed  November  27,  1876.) 

1.  O’Neil  street  extension.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago  : § 1.  That  in  consideration  of  the  accept- 

ance hereof,  and  the  undertaking  of  the  Chicago  West  Division  Rail- 
way Company  to  comply  with  the  provisions  herein  contained,  per- 
mission and  consent  are  hereby  given  and  granted  to  and  duly  vested 
in  said  company,  its  successors  and  assigns  to  lay  down,  operate  and 
maintain  a double  or  single  track  railway  with  all  necessary  and1  con- 
venient turn-out  s>,  side  tracks,  turn  tables  and  switches  on  O’Neil  street, 
to  enable  said  company  to  connect  its  tracks  on  South  Halsted  street 
with  its  car  house  on  O’Neil  street  upon  the  same  terms  and  condi- 
tions as  are  applicable  to  the  tracks  on  said  South  Halsted  street. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  same  shall  have  been  duly  accepted 
by  said  West  Division  Railway  Company. 


1341 


§ 571]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 

§ 571.  Chicago  West  Division  Railway  company. 

IF  1.  Grant  extended. 

IF  2.  Tracks. 

IF  3.  Animal  power  only. 

IF  4-  Passenger  transportation  only. 

IF  5*  Street  improvements  and  repairs, 
it.  6.  Forfeiture, 
it*  7.  Vested  rights  reserved, 
it  8.  Term  of  grant  20  years, 
it  9-  Right  of  city  to  purchase, 
it  10.  Price — how  to  be  fixed, 
it  n.  City  to  be  indemnified, 
it  12.  When  in  force. 

An  ordinance  authorizing  the  construction  and  operation  by  the  Chicago  West 

Division  Railway  company  of  street  railways  upon  certain  streets  in  the 

West  Division  of  the  city  of  Chicago.  (Passed  March  26,  1877.) 

it  1.  Grant  extended.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance 

hereof  and  the  undertaking  of  the  Chicago  West  Division  Railway 
Company  to  comply  with  the  provisions  herein  contained,  which  are 
hereby  declared  conditions,  permission  and  consent  are  hereby  giv- 
en, granted  and  duly  vested  in  said  company,  its  successors  and  as- 
signs, to  lay  down,  operate  and  maintain  a double  track  railway,  with 
all  necessary  and  convenient  turn-outs,  turn-tables,  side  tracks  and 
switches,  on  Harrison  street  from  Clinton  to  Canal  streets,  on  Canal 
street  from  Harrison  street  to  Canalport  avenue,  on  Canalport  avenue 
from  Canal  street  to  South  Halsted1  street,  and  on  Twelfth  street  from 
Canal  street  to  Ashland  avenue,  the  same  to  be  completed  and  in 
operation  by  the  first  day  of  November,  1877;  Provided,  that  if  said 
company  shall  be  delayed  by  the  order  or  injunction  of  any  court  of 
competent  jurisdiction  from  completing  said  railway,  the  time  of 
such  delay  shall  be  excluded  from  the  period  prescribed  herein  for 
completing  the  same. 

If  2.  Tracks.]  § 2.  The  tracks  of  such  railway  shall  be  laid  as 
near  the  centet  of  the  street  as  practicable,  with  such  modern  improved 
rails  as  may  be  prescribed  by  the  city,  and  shall  be  so  laid  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  said  tracks  at  any 
and  all  points,  and  in  any  and  all  directions,  without  obstruction. 

1 3.  Animal  power  only.]  § 3.  The  cars  to  be  used  on  said 
tracks  shall  be  operated  with  animal  power  only,  and  shall  not  con- 
nect with  any  other  railroad  on  which  other  power  is  used,  and  no 
steam  or  other  railway  car  or  carriage  used  upon  any  other  railroad 
in  this  state  shall  be  used  upon  said  tracks  without  the  consent  of  the 
Chicago  West  Division  Railway  Company,  except  as  is  provided  in 
section  eleven  of  this  ordinance  relating  to  the  Metropolitan  City 
Railway  Company. 

f 4.  Passenger  transportation  only.]  § 4-  The  said  tracks 
and  railway  shall  be  used  for  no  other  purpose  than  to  transport  pas- 


1342  STREET  RAILWAYS.  [§  5 7 1 

sengers,  and  the  cars  , and  carriages  for  that  purpose  shall  be  of  the 
best  style  and  class. 

1 5.  Street  improvements  and  repairs.]  § 5.  The  said  Chi- 
cago and  West  Division  Railway  Company,  its  successors  or  assigns, 
as  respects  grading,  paving,  macadamizing,  filling  or  planking,  shall 
at  their  own  expense  lay  down  a new  road-bed  sixteen  feet  wide,  and 
keep  sixteen  feet  in  width  in  repair  on  said  Harrison,  Canal  and  Twelfth 
streets,  and  on  Canalport  avenue,  so  far  as  the  same  are  embraced 
in  this  ordinance,  and  keep  their  tracks  in  such  condition  that  wagons, 
carriages  and  other  vehicles  can  pass  and  repass  at  any  and  all  points, 
and  in  any  and  all  directions,  and  as  to  said  sixteen  feet  in  width  shall 
pave,  repave,  plank,  replank  or  make  any  other  kind  of  new  improve- 
ment which  may  by  ordinance  be  ordered  at  any  time  by  the  city  coun- 
cil on  said  streets,  so  far  as  embraced  in  this  ordinance. 

1"  6.  Forfeiture.]  § 6.  If  the  said  company  shall  fail  to  com- 
plete the  extension  of  said  railway  in  this  ordinance  mentioned,  at 
the  time  mentioned  and  provided,  and  according  to  conditions  pre- 
sented herein,  then  the  rights  and  privileges  granted  by  virtue  hereof 
respecting  said  railway  shall  be  forfeited  to>  the  city  of  Chicago,  unless 
the  city  council  of  the  city  shall  grant  to  said  company  a further  ex- 
tension of  time. 

IT  7.  Vested  rights  reserved.]  § 7.  All  rights  heretofore 

vested  in  the  board  of  water  commissioners  and  sewerage  commis- 
sioners are  not  to  be  impaired  or  affected  by  anything  herein'  con- 
tained, but  the  rights  and  privileges  hereby  granted  are  subject  there- 
unto. 

T 8.  Term  of  grant  20  years.]  § 8.  The  said  company  may 
keep,  maintain,  use  and  enjoy  the  right  to  operate  thereon  railway 
cars  and  carriages  upon  the  terms,  with  the  rights  and  subject  to  the 
conditions  and  restrictions  mentioned  in  the  act  incorporating  said 
company,  and  acts  amendatory  of  the  same,  for  the  term  and  period  of 
twenty  years  from  the  date  and  passage  of  this  ordinance. 

If  9.  Right  of  city  to  purchase.]  § 9.  The  said  company 
shall  be  entitled  to  enjoy  all  such  rights  and  privileges  hereby  granted 
after  the  expiration  of  the  time  fixed  in  this  ordinance,  and  until  the 
city  council  shall  thereafter  elect,  by  order  for  that  purpose,  to  grant 
the  privilege  to  some  person,  persons,  party  or  parties,  or  company, 
to  purchase  said  track  or  tracks  of  said  railway,  cars,  carriages,  furni- 
ture and  implements,  and  appurtenances  of  every  kind  and  descrip- 
tion then  used  in  the  operation  of  the  railways  herein  authorized, 
and  pay  for  the  same  in  the  manner  hereinafter  mentioned. 

T 10.  Price,  how  to  be  fixed.]  § 10.  Such  order  to  pur- 
chase shall  fix  the  time  when  said  person,  persons,  party,  parties  or 
company  will  take  such  railway  and  other  property  before  mentioned, 
which  shall  not  be  less  than  six  months  after  the  passage  of  said  or- 
der, and  at  the  time  of  taking  such  railway  and  other  property  before 


§ 572] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1343 


mentioned,  the  said  person,  party  or  company  shall  pay  to  the  party 
or  parties  operating  the  same  a sum  of  money  to  be  ascertained  by 
three  commissioners,  to  be  appointed  for  that  purpose,  as  follows: 
One  to  be  chosen  by  said  person  or  parties  from  the  disinterested 
freeholders  of  Cook  county;  one  in  like  manner  by  the  said  company, 
its  associates  or  successors  operating  said  road,  and  the  two  persons 
so  chosen  to  choose  the  third  from  said  freeholders. 

IT  11.  City  to  be  indemnified.]  § n.  The  city  of  Chicago 
shall  not  be  liable  to  the  Chicago  West  Division  Railway  Company 
for  any  damages  by  reason  of  the  passage  of  this  ordinance  if  the 
same  shall  be  held  invalid,  and  the  Chicago  West  Division  Railway 
Company  hereby  undertakes  to  indemnify  and  save  harmless  the  city 
of  Chicago  from  all  suits  against  it  by  reason  of  the  passage  of  the 
same;  and  to  pay  all  damages  which  may  be  recovered  in  such  suits, 
or  any  of  them,  and  if  it  shall  be  finally  decided  that  the  Metropolitan 
City  Railway  Company  has,  under  and  by  virtue  of  an  ordinance  here- 
tofore passed  and  the  laws  now  in  force,  acquired  the  right  to  lay 
down,  maintain  and  operate  railway  tracks  upon  that  portion  of  Canal 
street  whereon  a railway  is  herein  authorized;  and  as  soon  as  legal 
obstacles  are  removed,  and  the  Metropolitan  City  Railway  may  be 
authorized  and  prepared  to  lay  down  horse  railway  tracks  upon  the 
, streets  designated  in  the  ordinance  of  the  Metropolitan  City  Railway 
Company,  then  the  Chicago  West  Division  Railway  Company  shall 
allow  the  Metropolitan  City  Railway  Company  to  use  the  tracks  here- 
in authorized  upon  Canal  street  between  Harrison  street  and  Four- 
teenth street  jointly  with  it,  the  Chicago  West  Division  Railway  Com-? 
pany,  with  equal  privileges,  upon  the  said  Metropolitan  City  Rail- 
way Company  paying  half  the  cost  of  construction  and  half  of  the 
cost  of  keeping  the  same  in  repair,  as  required  by  this  ordinance. 

f 12.  When  in  force.]  § 12.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  company  shall  accept  the  same,  and 
shall  give  a bond  to  the  city  of  Chicago  in  the  penal  sum  of  twenty 
thousand  dollars  that  it  will  at  all  times  hereafter  comply  with  the 
eleventh  section  of  this  ordinance. 

§ 575.  Chicago  West  Division  Railway  company. 

Preamble. 

1.  Central  park  extension. 

2.  Madison  street  selected  instead  of  Lake. 

3.  When  to  take  effect. 

An  ordinance  to  provide  for  the  extension  of  horse  railway  tracks  to  Central  park 
in  the  west  division  of  the  city  of  Chicago.  (Passed  April  9,  1877.) 

Preamble.]  Whereas,  by  an  act  of  the  General  Assembly 
of  the  state  of  Illinois,  entitled  “An  act  to  promote  the  construction  of 
horse  railways  in  the  city  of  Chicago,”  approved  February  14th,  1859, 
and  by  a certain  ordinance  of  said  city  in  pursuance  of  the  act  afore- 
said, entitled,  “An  ordinance  authorizing  the  extension  and  operation 


1344 


STREET  RAILWAYS. 


[§  572 


of  certain  horse  railways  in  the  streets  of  the  South  and  West  Divisions 
of  Chicago,”  passed  May  23,  1859,  found  on  page  194  of  the  Revised 
Ordinances  (section  29)  of  the  city  of  Chicago,  and 

Whereais,  said  ordinance  authorizing  the  extension  and  operation 
of  said  horse  railways  was-  granted  upon  certain  conditions  which  are 
set  forth  in  said  ordinance  passed  May  23rd,  1859,  one  of  which  said 
conditions  was  that  “whenever  the  common  council  shall  determine 
that  the  public  interest  requires  any  one  of  said  railways'  last  men- 
tioned to  be  constructed  or  extended,  as  the  case  may  be,  and  shall  by 
ordinance  direct  such  construction  or  extension,  then  said  company 
shall  be  required  to  complete  such  construction  or  extension  in  sixty 
days  after  being  notified  of  such  ordinance;  Provided,  however,  that 
such  ordinance  shall  include  one  street  only;  that  then  there  shall  be 
an  interval  of  at  least  three  months  between  such  ordinances,  and  that 
the  same  shall  not  be  made  at  an  unseasonable  time  of  the  year  for  do- 
ing such  work;  now,  therefore, 

1 1.  Central  Park  extension.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  this  council  does  hereby  de- 
termine, in  accordance  with  the  terms  and  provisions  of  said  ordinance, 
passed  May  23rd,  A.  D.  1859,  that  the  public  interest  requires  that  the 
railway  tracks  of  the  Chicago  City  Railway  Company,  which  have 
heretofore  been  laid  in  West  Lake  street,  and  as  the  same  exist  therein, 
shall  be  extended  west  on  said  Lake  street  from  their  present  ter- 
minus to  what  is  known  as  the  Central  Park,  a public  park  existing 
in  the  west  division  of  the  city  of  Chicago,  and  the  said  Chicago  City 
Railway  Company  is  hereby  ordered  and  directed  to  extend  the  tracks 
of  their  railway  west  on  Lake  street  to  said  park,  and  that  the  said 
track  or  tracks  shall  be  laid  down  within  sixty  days  after  the  said 
company  is  notified  of  the  passage  of  this  ordinance,  in  accordance 
with  the  requirements  of  said  ordinance  passed  May  23rd,  1859,  and 
shall  be  used,  operated  and  maintained  subject  to  all  of  the  proviso- 
ions  of  said  ordinance,  and  subject  to  the  general  ordinances  now  in 
force  or  which  may  hereafter  be  passed  in  regard  to  horse  railways. 

1 2.  Madison  street  selected  instead  of  Lake.]  § 2.  The 

Chicago  West  Division  Railway  Company,  which  claims  to-be  the 
successor  of  the  Chicago  City  Railway  Company  and  owner  of  all  its 
rights,  privileges  and  franchises,  so  far  as  the  same  relates  to  the  right 
of  said  Chicago  City  Railway  Company  to  lay  down  railway  tracks 
in  the  public  streets  of  the  west  division  of  the  city  of  Chicago,  under 
their  charter  and  act  of  incorporation,  and  to  operate  and1  maintain 
railways  in  the  public  streets  of  said  west  division  of  said  city,  may,  in- 
stead of  extending  the  railway  tracks  now  existing  on  Lake  street,  ex- 
tend their  tracks  west  on  Madison  street  to  the  Central  Park,  subject 
to  all  of  the  [provisions  of  the  ordinances  mentioned  in  the  foregoing 
section;  and  in  case  said  Chicago  West  Division  Railway  shall  elect  to 
extend  their  said  tracks  on  West  Madison  street  west  to  said  Central 


§ 573]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1345 

Park,  and  shall  notify  the  city  council  of  the  same,  and  that  they  will 
operate  and  maintain  a horse  railway  from  the  present  terminus  of 
their  railway  tracks  on  Madison  street  to  said  Central  Park,  then  the 
said  Chicago  City  Railway  Company  shall  not  be  obliged  to  extend 
their  tracks  on  West  Lake  street  to  said  Central  Park  by  virtue  of  any 
of  the  provisions  of  this  ordinance. 

T 3.  When  to  take  effect.]  § 3.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

§ 573.  Chicago  West  Division  Railway  company. 

IT  1.  Milwaukee  avenue  and  Armitage  road  extension. 

2.  Passenger  traffic  only. 

If  3.  Street  improvements,  repair,  etc. 

4.  Rate  of  fare. 

5.  Animal  power  only. 

Tf  6.  Duration  of  the  grant. 

An  ordinance  granting  permission  to  the  Chicago  West  Division  Railway  com- 
pany through  certain  parts  of  the  village  of  Jefferson.  (Passed  and  ap- 
proved October  8,  1877.) 

H 1.  Milwaukee  Avenue  and  Armitage  Road  extension.] 

Be  it  ordained  by  the  president  and  board  of  trustees  of  the  village  ol 
Jefferson.  § 1.  That  permission  and  authority  is  hereby  granted  to 
the  Chicago  West  Division  Railway  Company,  its  successors  and  as- 
signs, to  construct,  maintain,  and  op'erate  a single  or  double  track  street 
railway  with  all  necessary  and  convenient  side  tracks,  switches  and 
turn  tables  in  Milwaukee  avenue  and  Armitage  road,  in  said  village  of 
Jefferson,  from  the  city  limits  to  North,  Washtenaw  street. 

IT  2.  Passenger  traffic  only.]  § 2.  The  cars  to  be  used  upon 
said  tracks  are  to  be  used  only  to  transport  passengers  and  their  or- 
dinary baggage  and  the  cars  used  for  that  purpose  shall  be  of  the  best 
style  and  class  in  use  in  street  railways.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid 
with  modern  improved  rails  and  so  that  carriages  and  other  vehicles 
can  readily  and  freely  cross  said  tracks  at  any  point  without  unneces- 
sary obstruction;  and  any  damage  to  private  property  by  the  construc- 
tion and  use  of  said  tracks  shall  be  paid  by  the  said  Chicago'  West 
Division  Railway  Company. 

1 3.  Street  improvements,  repair,  etc. — animal  power  only.] 

§ 3.  The  said  Chicago  West  Division  Railway  Company,  its  succes- 
sors and  assigns,  shall  keep  eight  feet  in  width,  if  a single  track  is  laid, 
and  sixteen  feet,  if  a double  track  is  laid,  occupied  by  said  tracks  re- 
spectively of  said  streets  in  good  order  and  condition  during  the  whole 
term  said  streets  shall  be  occupied  by  said  tracks. 

1“  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  for  any  distance  on 
said  track  shall  not  exceed  five  cents,  except  when  the  cars  or  car- 
riages shall  be  chartered  for  a specific  purpose. 


85 


1346 


STREET  RAILWAYS. 


IF  5.  Animal  power  only.]  § 5.  The  cars  to  be  used  upon 
said  tracks  shall  be  operated  with  animal  power  only. 

T 6.  Duration  of  the  grant.]  § 6.  The  rights  and  privileges 
hereby  granted  shall  continue  for  the  term  of  eighty-one  years  from  the 
passage  and  approval  of  this  ordinance. 

§ 574.  Chicago  West  Division  Railway  company. 

U 1.  Milwaukee  avenue  and  Armitage  road  extension. 

2.  Passenger  traffic  only. 

*11  3*  Street  improvements  and  repairs. 

If  4.  Fare  five  cents,  etc. 
it  5-  Animal  power  only. 

If  6.  Term  of  the  grant, 
if  7.  Repealing  clause. 

An  ordinance  granting  permission  to  the  Chicago  West  Division  Railway  com- 
pany through  certain  parts  of  the  village  of  Jefferson.  (Passed  and  ap- 
proved January  28,  1878.) 

IT  1.  Milwaukee  Avenue  and  Armitage  Road  extension.]  Be 

it  ordained  by  the  president  and  board  of  trustees  of  the  village  of 
Jefferson.  § 1.  That  permission  and  authority  is  hereby  granted  to 
the  Chicago  West  Division  Railway  Company,  its  successors  and  as- 
signs, to  construct,  maintain  and  operate  a single  or  double  track  street 
railway,  with  all  necessary  and  convenient  side  tracks,  switches  and 
turn  tables  in  Milwaukee  avenue  and  Armitage  road,  in  said  village  ot 
Jefferson,  from'  the  city  limits  to  North,  Washtenaw  street. 

IF  2.  Passenger  traffic  only.]  § 2.  The  cars  to  be  used  upon 
said  tracks  are  to  be  used  only  to  transport  passengers  and  their 
ordinary  baggage,  and  the  cars  used  for  that  purpose  shall  be  of  the 
best  style  and  class  in  use  on  street  railways.  The  tracks  on  said  rail- 
way shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be 
laid  with  modern  improved  rails,  and  SO'  that  carriages  and  vehicles  can 
readily  and  freely  cross  said  tracks  at  any  point  without  unnecessary 
obstruction  and  any  damage  to  private  property  by  the  construction 
and  use  of  said  tracks  shall  be  paid  by  the  said  Chicago  West  Division 
Railway  Company. 

1 3.  Street  improvements  and  repairs.]  § 3.  The  said  Chi- 
cago West  Division  Railway  Company,  its  successors  and  assigns, 
shall  keep  eight  feet  in  width,  if  a single  track  is  laid,  and  sixteen  feet, 
if  a double  track  is  laid,  occupied  by  said  tracks  respectively  of  said 
streets,  in  good  order  and  condition  during  the  whole  term  said  streets 
shall  be  occupied  by  said  tracks. 

1 4.  Fare  five  cents,  etc.]  § 4.  The  rate  of  fare  for  any  dis- 
tance on  said  tracks  shall  not  exceed  five  cents,  except  when  the  cars 
or  carriages  shall  be  chartered  for  a special  purpose. 

t 5.  Animal  power  only.]  § 5.  The  cars  to  be  used  upon 
said  tracks  shall  be  operated  with  animal  power  only. 

1"  6.  Term  of  the  grant.]  § 6.  The  rights  and  privileges 


575] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1347 


hereby  granted  shall  continue  for  the  term  of  eighty-one  years  from 
the  passage  and  approval  of  this  ordinance. 

1 7.  Repealing  clause.]  g 7.  All  ordinances,  or  parts  of  or- 
dinances, in  conflict  with  this,  are  hereby  repealed. 

§ 575.  Chicago  West  Division  Railway  company. 

Preamble. 

^T  1.  Central  park  extension. 

IT  2.  Madison  street  instead  of  Lake. 

IT  3.  Life  of  grant  20  years. 

If  4-  Right  of  city  to  purchase. 

^T  5-  Price — how  fixed. 

IT  6.  Street  improvements  and  repairs. 

IT  7-  No  additional  fare  to  be  demanded. 

IT  8.  In  effect  after  passage.  * 

An  ordinance  to  provide  for  the  extension  of  horse  railway  tracks  to  the  pro 
posed  trotting  park  on  West  Madison  street,  just  west  of  Central  park,  in 
the  west  division  of  the  city  of  Chicago.  (Passed  June  24,  1878.) 

Preamble.]  Whereas,  by  an  act  of  the  General  Assembly 
of  the  state  of  Illinois,  entitled  ‘‘An  act  to  promote  the  construction 
of  horse  railways  in  the  city  of  Chicago,”  approved  February  14th, 
1859,  and  by  a certain  ordinance  of  said  city  in  pursuance  of  the  act 
aforesaid,  entitled  “An  ordinance  authorizing  the  extension  and  op- 
eration of  certain  horse  railways  in  the  streets  of  the  south  and  west 
division  of  Chicago,”  passed  May  23rd,  1859,  found  on  page  194  of 
Revised  Ordinances  (section  29)  of  the  city  of  Chicago;  and 

Whereas,  Said  ordinance  authorizing  the  extension  and  operation 
of  said  horse  railways,  and  granted  upon  certain  conditions,  which 
are  set  forth  in  said  ordinance,  passed  May  23rd,  1859,  one  of  which 
said  conditions  was  that,  “whenever  the  common  council  shall  de- 
termine that  the  public  interest  requires  any  one  of  said  railways  last 
mentioned  to  be  constructed  or  extended,  as  the  case  may  be,  and 
shall,  by  ordinance,  direct  such  construction  or  extension,  in  sixty  days 
after  being  notified  of  such  ordinance. 

Provided,  however,  that  such  ordinance  shall  include  one  street 
only,  that  then  there  shall  be  an  interval  of  at  least  three  months  be- 
tween such  ordinances,  and  that  the  same  shall  not  be  made  at  an  un- 
seasonable time  of  the  year  for  doing  such  work;  now  therefore, 

1"  1.  Central  Park  extension.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  this  council  does  hereby  deter- 
mine in  accordance  with  the  terms  and  provisions  of  said1  ordinance, 
passed  May  23rd,  1859,  that  the  public  interest  requires  that  the  rail- 
way tracks  of  the  Chicago  City  Railway  Company,  which  have  hitherto 
been  laid  on  West  Lake  street,  and  as  the1  same  exist  therein,  shall  be 
extended  west  on  said  Lake  street  from  their  present  terminus  tO'  the 
proposed  trotting  park  on  West  Madison  street,  just  west  of  Central 
Park,  a public  park,  existing  in  the  west  division  of  the  city  of  CI11- 


1348 


STREET  RAILWAYS. 


cago,  (or  (that  a line  of  railway  equivalent  thereto  should  be  extended 
to  said  trotting  park),  and  the  said  Chicago'  City  Railway  Company 
is  hereby  ordered  and  directed  to  extend  the  tracks  of  their  railway 
west  on  Lake  street  to  said  trotting  park,  and  that  the  said  track  or 
tracks  shall  be  laid  down  within  sixty  days  after  the  said  company 
is  notified  of  the  passage  of  this  ordinance,  in  accordance  with  the  re- 
quirements of  said  ordinance,  passed  May  23rd,  1859,  and  shall  be 
used,  operated  and  maintained  subject  to  all  of  the  provisions  of  said 
ordinance. 

f 2.  Madison  street  instead  of  Lake.]  § 2.  The  Chicago 
W est  Division  Railway  Company,  the  successor  of  the  Chicago'  City 
Railway  Company,  and  owner  of  all  its  rights,  privileges  and  franchises, 
so  far  as  relates  to  the  west  division  of  the  city,  and  under  obligation 
tO'  perform  all  the  duties  of  said  last  named  company,  in  respect  tq> 
horse  railways  in  such  division,  may  instead  of  extending  its  railway 
tracks  now  existing  on  Lake  street,  extend  its  tracks  west  on  Madison 
street,  from  the  steam  railway  tracks  on  Rockwell  street  to  the  pro- 
posed trotting  park,  subject  to  all  of  the  provisions  of  the  ordinance 
mentioned  in  the  foregoing  section,  and  in  case  said  Chicago'  West  Di- 
vision Railway  Company  shall  elect  to  extend  their  said  track  on  West 
Madison  street,  west  to  the  proposed  trotting  park  as  aforesaid,  and 
shall  notify  the  city  council  of  the  same,  and  that  they  will  operate 
and  maintain  a horse  railway  from  the  present  terminus  of  their  rail- 
way tracks  on  Madison  street,  from  the  steam  railway  tracks  on  Rock- 
well street  to  said  proposed  trotting  park,  then  all  provisions  of  said 
ordinance  shall  be  observed  by  the  Chicago  West  Division  Railway 
Company  as  respects  the  said  tracks  herein  authorized  to>  be  laid  upon 
Madison  street. 

T 3.  Life  of  grant  twenty  years.]  § 3.  The  rights  and  priv- 
ileges hereby  granted  to  said  company  to  keep,  maintain,  use  and  en- 
joy the  right  to  operate  thereon  railway  cars  and  carriages  are  granted 
for  the  term  of  twenty  years  from  the  passage  of  this  ordinance  upon 
the  same  terms,  and  with  the  rights  and  subject  to  the  conditions  and 
restrictions  which  the  said  company  now  has,  and  which  exist  in  re- 
gard to  the  tracks  of  said  company  now  laid  on  said  West  Madison 
street,  east  of  Western  avenue. 

4.  Right  of  city  to  purchase.]  § 4.  The  said  company 
shall  be  entitled  to  enjoy  all  such  rights  and  privileges  hereby  granted, 
after  the  expiration  of  the  time  fixed  in  this  ordinance,  and  until  the 
city  council  shall  thereafter  elect,  by  order  for  that  purpose,  to  grant 
the  privilege  to  some  person,  persons,  party  or  parties,  corporation  or 
company,  to  purchase  said  track  or  tracks  of  said  railway  cars,  car- 
riages, furniture  and  implements  and  appurtenances  of  every  kind  and 
description  then  used  in  the  operation  of  the  railways  herein  authorized, 
and  pay  for  the  same  in  the  manner  hereinafter  mentioned. 

T 5.  Price,  how  fixed.]  § 5.  Such  order  to  purchase  shall  fix 


575] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1349 


the  time  when  said  person,  persons,  party,  parties,  corporation  or  com- 
pany will  take  such  railway  and  other  property  before  mentioned  which 
shall  not  be  less  than  six  months  after  the  passage  of  said  order,  and  at 
the  time  of  taking  such  railway  and  other  property  before  mentioned, 
the  said  person,  party,  corporation  or  company  shall  pay  to  the  party 
or  parties  operating  the  same,  a sum  of  money  to  be  ascertained  by 
three  commissioners  to  be  appointed  for  that  purpose,  as  follows: 
One  to  be  chosen  by  said  person  or  parties  from  the  disinterested  free- 
holders of  Cook  county,  one  in  like  manner  by  the  said  company,  its 
associates  or  successors  operating  said  road,  and  the  two  persons  so 
chosen  to  choose  the  third  from  said  freeholders. 

If  6.  Street  improvements  and  repairs.]  § 6.  The  said  rail- 
way company,  its  successors  or  assigns  as  respects  grading,  paving, 
macadamizing,  filling  or  planking,  shall,  at  their  own  expense,  keep 
eight  feet  in  width  where  a single  track  is  used,  and  sixteen  feet  in 
width  where  double  track  is  used,  of  said  streets  or  parts  thereof,  so  oc- 
cupied as  provided  in  this  ordinance,  in  good  repair,  so  that  wagons, 
carriages  or  other  vehicles  can  pass  and  re-pass  at  any  and  all  points, 
and  in  any  and  all  directions,  and  when  any  new  improvements,  paving, 
re-paving,  macadamizing,  planking  or  re-planking  is  ordered  by  the 
city  council  in  said  street,  said  railway  company  shall,  in  the  same 
manner,  and  with  like  material,  as  required  by  the  owners  of  property, 
as  to  other  contiguous  parts  of  the  street  make  such,  new  improve- 
ments on  eight  feet  in  width  where  a single  track  is  used,  and  sixteen 
feet  in  width  where  a double  track  is  used,  and  if  the  said  company 
shall  refuse  or  neglect  to  make  such  new  improvements,  within  a rea- 
sonable time  to  be  fixed  by  the  ordinance,  the  work  may  be  done  by  the 
city  and  the  cost  thereof  assessed  upon  said  company,  and  collected  as 
other  assessments,  from  any  real  or  personal  property  of  said  com- 
pany. 

1 7.  No  additional  fare  to  be  demanded.]  § 7.  The  tracks 
hereby  authorized  shall  be  deemed  as  an  extension  of  the  tracks  already 
laid  by  said  company  cm  Madison  street,  and  no  additional  fare  shall 
be  charged  over  the  line  so  extended  by  virtue  of  this  ordinance. 

8.  In  effect  after  passage.]  § 8.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Note. — See  amendatory  ordinance  following. 

An  ordinance  amending  ordinance  passed  June  28,  1878,  substituting  “Central 
park”  for  “trotting  park.”  (Passed  July  8,  1878.) 

1 1.  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago.] 

§ 1.  That  section  1 of  the  ordinance  for  the  extension  of  horse  rail- 
way tracks  on  West  Madison  street,  passed  June  24th,,  1878,  be  and 
the  same  is  hereby  amended  by  striking  out  of  said  section  the  words 
“to  the  proposed  trotting  park”  found  in  the  ninth  line  of  the  printed 
copy  of  said  ordinance,  as  found  in  the  printed  council  proceedings, 


1350 


STREET  RAILWAYS. 


[§  576 


and  also,  by  striking  out  the  words  “trotting  park,”  elsewhere  found 
in  said  section,  and  inserting  in  lieu  thereof  the  words  “Central  Park.” 
Also,  by  striking  out  the  words  “proposed  trotting  park,”  wherever 
found  in  the  second  section  of  said  ordinance,  and  inserting  in  lieu 
thereof,  the  words  “said  Central  Park,”  to  the  end  that  said  ordinance 
may  so  read  that  the  terminus  of  said  tracks  as  fixed  by  said  ordinance 
shall  be  said  Central  Park  in  place  of  said  trotting  park. 

§ 576.  Chicago  West  Division  Railway  company. 

IT  i*  West  Twelfth  street  and  Randolph  extension, 
ir  2-  Street  improvements  and  repairs. 

IT  3-  When  in  force. 

An  ordinance  to  authorize  an  extension  of  the  Chicago  West  Division  railway 
tracks  on  West  Twelfth  street  and  on  Randolph  street.  (Passed  August  26, 
1878.) 

H 1.  West  12th  street  and  Randolph  street  extension.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  in  con- 
sideration of  the  acceptance  hereof,  and  the  undertaking  of  the  Chi- 
cago West  Division  Railway  Company  to  comply  with  ithe  provisions 
herein  contained,  permission  and  authority  is  hereby  given  to  said 
company,  its  successors  and  assigns,  to  construct,  maintain  and  oper- 
ate a single  or  double  track  extension  of  its  railway  on  West  Twelfth 
street,  from  the  east  line  of  Ashland  avenue  to  connect  with  the  tracks 
of  said  company  on  Ogden  avenue,  and  on  Randolph  street,  from  State 
street  to  Michigan  avenue,  with  all  necessary  side  tracks,  turn  outs  and 
switches,  subject  to  all  the  conditions  and  with  all  the  rights  and  priv- 
ileges applicable  to  the  line  of  said  company  on  West  Twelfth  street, 
east  of  Ashland  avenue,  the  track  on  Randolph  street  to  be  so  laid 
that  passengers  may  step  from  the  cars  to  the  sidewalk  in  front  of 
Dearborn  Park,  for  the  period  of  twenty  years  after  the  passage  of 
this  ordinance;  and  the  rate  of  fare  for  any  distance  on  said'  line  and 
these  extensions  thereof,  shall  not  exceed  five  cents  for  each  passenger, 
for  any  continuous  travel  at  one  ride;  and  the  said  extension  shall  be 
made  within  sixty  days  from  the  passage  of  this  ordinance. 

1 2.  Street  improvements,  repairs,  etc.]  § 2.  The  said  com- 
pany shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  said  streets,  upon  which  they  shall  construct  the  said  rail- 
way, keep  eight  feet  in  width,  where  a single  track  is  laid,  and1  sixteen 
feet  where  two  tracks  are  laid,  in  good  repair  and  condition  during 
all  the  time  to  which  the  privileges  granted  shall  extend,  in  accordance 
with  whatever  order  or  regulation  respecting  the  ordinary  repair 
thereof  may  be  passed  by  the  city  council,  and  where  any  new  improve- 
ments shall  be  ordered  by  the  city  council  on  said  streets,  the  said 
company  shall,  in  the  same  manner  and  with  like  material  as  required 
of  the  owners  of  property  as  to  other  parts  of  the  street,  make  such 
new  improvements,  for  the  width  of  eight  feet  where  a single  track  is 
laid,  and  sixteen  feet  where  a double  track  is  laid;  and  if  the  company 


§ 577] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1351 


fails  to  do  so,  it  may  be  done  by  the  city,  and  the  cost  collected  of  said 
company;  and  if  said  company  shall  fail  or  neglect  to  make  any  nee- 
essary  repairs  for  twenty  days  after  notice,  the  work  may  be  done  bj 
the  city,  and  the  cost  thereof  collected  from  said  company. 

IT  3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
when  it  shall  have  been  accepted  by  said  company,  which  shall  be 
within  ten  days  from  its  passage. 

§ 577.  Chicago  West  Division  Railway  company. 

*17  1.  Extension  from  Homan  to  Hamlin  avenues  on  Madison  street. 

Hi  2.  Street  improvements,  repairs,  etc. 

Hi  3-  Continuous  operation  not  required. 

Hf  4.  When  in  effect. 

An  ordinance  to  authorize  the  Chicago  West  Division  Railway  company  to  ex- 
tend its  street  railway  tracks  on  West  Madison  street.  (Passed  September 
9.  1878.)  ^ 

T 1.  Extension  from  Homan  to  Hamlin  avenues  on  Madison 
Street.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago'.* 
§ 1.  That  in  consideration  of  the  acceptance  hereof  and  the  under- 
taking  of  the  Chicago'  West  Division  Railway  Company  to  comply 
with  the  provisions  herein  contained,  permission  and  authority  is 
hereby  granted  to  said  company,  its  successors  and  assigns,  to  con- 
truct,  maintain  and  operate  a single  or  double  track  extension  of  its 
railway  on  West  Madison  street,  from  Homan  avenue  to1  Hamlin 
avenue,  with  all  necessary  side  tracks,  turn-outs  and  switches,  subject 
to  all  the  conditions  and  with  all  the  rights  and  privileges  applicable 
to  the  line  of  said  company  on  Madison  street  east  of  Homan  avenue 
for  the  period  of  twenty  years  after  the  passage  of  this  ordinance,  and 
the  rate  of  fare  for  any  distance  on  said  Madison  street  and  the  exten- 
sion thereof  shall  not  exceed  five  cents  for  each  passenger  for  any  con- 
tinuous travel  at  one  ride,  and  the  said  extension  shall  be  made  within 
twenty  days  from  the  passage  of  this  ordinance. 

If  2.  Street  improvements,  repairs,  etc.]  § 2.  The  said  com- 
pany shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  said  street  upon  which  the  said  extension  is  made  keep 
so  much  of  said  street  in  good  repair  and  condition  as  shall  be  oc- 
cupied by  its  tracks,  and  when  any  new  improvement  shall  be  ordered 
by  the  city  council  on  that  portion  of  Madison  street  embraced  in  this 
ordinance  the  said  company  shall  in  the  same  manner,  and  with  like 
material,  as  is  required  of  the  owners  of  property  as  to  other  contiguous 
parts  of  said  street,  make  such  new  improvements  on  so  much  of  said 
street  as  is  occupied  by  its  tracks,  and  if  said  company  fails  to  do  so  it 
may  be  done  by  the  city,  and  the  cost  thereof  collected  of  said  com- 
pany, and  if  said  company  shall  fail  or  neglect  to  make  said  necessary 
repairs  for  twenty  days  after  notice,  the  work  may  be  done  by  the  city, 
and  the  cost  thereof  collected  from  said  company. 

T 3.  Continuous  operation  not  required.]  § 3.  Said  com- 


1352  STREET  RAILWAYS.  [§  578 

pany  shall  not  be  required  to  operate  said  extension  except  when  there 
is  something  special  going  on  at  the  trotting  park. 

If  4.  When  to  take  effect.]  § 4.  This  ordinance  shall  take 
effect  when  it  shall  have  been  accepted  by  said  company. 

§ 578.  Chicago  West  Division  Railway  company. 

U 1.  On  Blue  Island  avenue  to  Western  avenue. 

it  2.  Time  limited — fare,  etc. 

it  3-  Operation — transfers,  etc. 

it  4*  Street  improvements,  repairs,  etc. 

it  5.  When  in  force. 

An  ordinance  to  authorize  the  West  Division  Railway  company  to  extend  its 

street  railway  tracks  on  Blue  Island  avenue.  (Passed  October  14,  1878.) 

1 1.  On  Blue  Island  avenue  to  Western  avenue.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  in  con- 
sideration of  the  acceptance  hereof  and  the  undertaking  by  the  Chi- 
cago West  Division  Railway  Company  to  comply  with  the  provisions 
herein  contained,  permission  and  authority  is  hereby  granted  to  said 
company,  its  successors,  and  assigns  to  construct,  maintain  and  operate 
for  a period  of  twenty  years  as  an  extension  of  the  tracks  on  Blue  Is- 
land avenue,  a double  track  street  railway  with  all  necessary  turn-outs, 
side  tracks  and  switches  from  the  present  terminus  of  its  tracks,  on 
Blue  Island  avenue  to  Western  avenue,  subject  to  all  the  conditions 
and  with  all  the  rights  and  privileges  applicable  to  the  line  of  said 
company  now  in  operation  on  Blue  Island  avenue,  and  the  rate  of  fare 
for  the  entire  distance  shall  not  exceed  five  cents,  but  where  passengers 
riding  on  tickets  are  transferred  at  Twenty-second  street  an  additional 
sum  of  one  cent  may  be  collected  so  that  the  through  rate  shall  be 
equal  to  five  cents. 

1 2.  Time  limited,  fare,  etc.]  § 2.  Said  company  shall  extend 
the  tracks  hereby  provided  for  to  Robey  street  during  the  year  1878, 
and  to  Western  avenue  during  the  year  1879,  and  thereafter  the  same 
rates  and  rules  in  regard  to  fare  as  are  applicable  to  the  other  lines  of 
said  company  shall  be  applicable  to  the  line  hereby  created. 

% 3.  Operation,  transfers,  etc,]  § 3.  Said  company  shall  not, 
for  a period  of  three  years  from  the  passage  of  this  ordinance  be  re- 
quired to  run  the  regular  Blue  Island  avenue  cars  beyond  Twenty-^ 
second  street,  but  shall  run  additional  cars  between  Twenty-second 
street  and  the  terminus  of  the  line,  transferring  the  passengers  at 
Twenty-second  street. 

IT  4.  Street  improvements,  repairs,  etc.]  § 4.  The  said  com- 
pany shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  said  street,  upon  which  the  said  extension  is  made,  keep 
so  much  of  said  street  in  good  repair  and  condition  as  shall  be  oc- 
cupied by  its  tracks,  and  when  any  new  improvement  shall  be  ordered 
by  the  city  council  on  that  portion  of  the  street  embraced  in  this  or- 
dinance said  company  shall  in  the  same  manner  and  with  like  material 


579] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1353 


as  is  required  of  the  owners  of  property  as  to  other  contiguous  parts 
of  said  street,  make  such  new  improvement  on  so  much  of  said  street 
as  is  occupied  by  its  tracks,  and  if  said  company  shall  fail  to  do  so  it 
may  be  done  by  the  city  and  the  cost  thereof  collected  of  said  company, 
and  if  said  company  shall  fail  or  neglect  to  make  said  necessary  repairs 
for  twenty  days  after  notice,  the  work  may  be  done  by  the  city  and 
the  cost  thereof  collected  from  said  company. 

5.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
when  it  shall  have  been  accepted  by  said  company. 

§ 579.  Chicago  West  Division  Railway  company. 


IF 

1. 

Western  avenue  extension. 

IT 

2. 

Tracks,  etc. 

nr 

3* 

Animal  power  only. 

nr 

4- 

Passenger  transportation  only. 

nr 

5. 

Street  improvements,  repairs,  etc. 

nr 

6. 

Forfeiture. 

m 

7- 

Vested  rights  reserved. 

nr 

8. 

Term  20  years. 

nr 

9- 

Rights  of  city  to  purchase,  etc. 

nr 

10. 

Price — how  fixed. 

nr 

11. 

When  to  take  effect. 

An  ordinance  authorizing  the  construction  and  operation  of/street  railway  tracks 
on  Western  avenue.  (Passed  December  23, *1878.) 

T 1.  Western  avenue  extension.]  Be  ordained  by  the  city 
council  of  the  city  of  Chicago  : § 1.  That  in  consideration  of  the  ac- 
ceptance hereof  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein  contained, 
permission  and  consent  are  given  and  granted  to  and  duly  vested  in 
said  company,  its  successors  and  assigns,  to  lay  down,  operate 
and  maintain  a double  track  railway  with  all  necessary  and  convenient 
turnouts,  side  tracks,  turntables  and  switches  on  Western  avenue  from 
Van  Buren  street  to  Madison  street,  to  enable  said  company  to  con- 
nect its  tracks  on  Van  Buren  street  with  its  car  house  and  barns  at  the 
corner  of  Western  avenue  and  Washington  street,  the  same  to  be  com- 
pleted on  or  before  May  1,  1879;  Provided,  that  if  said  company  shall 
be  delayed  by  the  order  or  injunction  of  any  court  of  competent  juris- 
diction from  completing  said  railway,  the  time  of  such  delay  shall  be 
excluded  from  the  period  prescribed  herein  for  completing  the  same. 

1 2.  Tracks,  etc.]  § 2.  The  tracks  of  such  railway  shall  be 
laid  as  near  the  center  of  the'  street  as  practicable,  with  modern  im- 
proved rails,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  said  tracks  at  any  and  all  points  and  in  any  and 
all  directions  without  unnecessary  obstruction. 

1 3.  Animal  power  only.]  § 3.  The  cars  to  be  used  on  said 
tracks  shall  be  operated  with  animal  power  only,  and  shall  not  con- 
nect with  any  other  railroad  on  which  other  power  is  used. 

f 4.  Passenger  transportation  only.]  § 4.  The  said  tracks 


1354 


STREET  RAILWAYS. 


[§  579 


and  railway  shall  be  used  for  no  other  purpose  than  to  transport  pas- 
sengers, and  'the  cars  and  carriages  for  that  purpose  shall  be  of  the  best 
style  and  class.  The  city  council  shall  have  power  to  regulate  the  run- 
ning time,  and  number  of  cars  to  be  run  from  time  to  time,  upon  the 
line  of  railway  hereby  granted. 

IT  5.  Street  improvement,  repairs,  etc.]  § 5.  The  said  Chi- 
cago West  Division  Railway  Company,  its  successors  or  assigns,  as 
respects  grading,  paving,  macadamizing,  filling  or  planking  shall,  at 
their  own  expense,  keep  sixteen  feet  in  width  in  repair  on  said  West- 
ern avenue,  soi  far  as  the  same  is  embraced  in  this  ordinance,  and  when 
any  new  improvement,  paving,  repaving,  macadamizing,  planking  or 
replanking  is  ordered  by  the  city  council  on  said  street,  said  railway 
company  shall,  in  the  same  manner  and  with  like  material  as  required 
by  owners  of  property  as  to  other  contiguous  parts  of  the  street,  make 
such  new  improvement  on  sixteen  feet  in  width,  and  if  said  company 
shall  refuse  or  neglect  to  make  such  new  improvement  within  a rea- 
sonable time,  to  be  fixed  by  the  ordinance,  the  work  may  be  done  by 
the  city  and  the  cost  thereof  assessed  upon  said  company  and  collected 
as  other  assessments  from  any  real  or  personal  property  of  said  com- 
pany. 

If  6.  Forfeiture.]  § 6.  If  the  said  company  shall  fail  to  complete 
the  extension  of  said  railway  in  this  ordinance  mentioned  at  the  time 
mentioned  and  provided  and  according  to  the  conditions  presented 
herein,  then  the  rights  and  privileges  granted  by  virtue  hereof,  respect- 
ing said  railway,  shall  be  forfeited;  to  the  city  of  Chicago,  unless  the 
city  council  shall  grant  to  said  company  a further  extension  of  time. 

1"  7.  Vested  rights  reserved.]  § 7-  All  rights  heretofore  vested 
in  the  board  of  water  commissioners  and  sewerage  commissioners 
are  not  to  be  impaired  or  affected  by  anything  herein  contained,  but 
the  rights  and  privileges  hereby  granted  are  subject  thereunto. 

1 8.  Term,  20  years.]  § 8.  The  said  company  may  keep, 
maintain,  use  and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  upon  the  terms,  with  the  rights  and  subject  to  the  condi- 
tions and  restrictions  mentioned  in  the  act  of  incorporating  said  com- 
pany for  the  term  and  period  of  twenty  years-  from  the  date  and 
passage  of  this  ordinance. 

1 9.  Right  of  city  to  purchase,  etc.]  § 9.  The  said  company 
shall  be  entitled  to  enjoy  all  such  rights  and  privileges  hereby  granted 
after  the  expiration  of  the  time  fixed  by  this  ordinance,  and  until  the 
city  council  shall  thereafter  elect  by  order  for  that  purpose  to  grant 
the  privilege  to  some  person,  persons,  party  or  parties,  or  company, 
to  purchase  said  track  or  tracks  of  said  railway  cars,  carriages,  furni- 
ture, property  and  implements  and  appurtenances  of  every  kind  and 
description  then  used  in  the  operation  of  the  railways  herein  author- 
ized and  pay  for  the  same  in  the  manner  hereinafter  mentioned. 


§ 58°] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1355 


IT  10.  Price,  how  fixed.]  § 10.  Such  order  to  purchase  shall 
fix  the  time  when  said  person,  persons,  party,  parties  or  company  will 
take  such  railway  and  other  property  before  mentioned,  which  shall 
not  be  less  than  six  months  after  the  passage  of  said  order,  and  at  the 
time  of  taking  such  railway  and  other  property  before  mentioned,  the 
said  person,  party  or  company  shall  pay  to  the  party  or  parties  operat- 
ing the  same  a sum  of  money  to  be  ascertained  by  three  commissioners 
to  be  appointed  for  that  purpose,  as  follows:  One  to  be  chosen  by 

said  person  or  parties  from  the  disinterested1  freeholders  of  Cook 
county;  one  in  like  manner  by  the  said  company,  its  associates  or 
successors  operating  said  road,  and  the  two  persons  so  chosen  to 
choose  the  third  from  said  freeholders. 

T 11.  When  to  take  effect.]  § n.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  acceptance  by 
said  company. 

§ 580.  Chicago  West  Division  Railway  company. 

IT  1.  Chicago  avenue  extension  from  Milwaukee  to  Western  avenue. 

IT  2.  Tracks. 

If  3.  Fare — animal  power  only. 

% 4.  Passenger  transportation  only. 

^F  5.  Street  improvements. 

IT  6.  Street  repairing. 

IF  7.  Forfeiture. 

8.  Rights  vested  reserved.  « 

9.  Right  to  purchase. 

IF  10.  Price — how  to  be  fixed. 

IF  ii*  Grant  construed  as  to  other  streets. 

HF  12.  When  in  force. 

An  ordinance  authorizing  the  construction  of  a horse  railway  on  Chicago  avenue. 

(Passed  October  20,  1879.) 

IT  1*  Chicago  avenue  extension,  from  Milwaukee  to  Western 
avenues.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  in  consideration  of  the  acceptance  hereof  and  the  under- 
taking of  the  Chicago  West  Division  Railway  Company  to  comply 
with  the  provisions  hereof,  authority,  permission  and  consent  are 
hereby  given,  granted  and  duly  vested  in  said  company,  its  successors 
and  assigns,  to  construct,  lay  down,  operate  and  maintain  a single  or 
double  track  railway,  with  all  necessary  turn-outs,  side-tracks,  switches 
and  curves,  in,  upon,  along  Chicago  avenue,  from  its  intersection 
with  Milwaukee  avenue  west  to  Western  avenue,  and  to  operate  the 
same  in  connection  with  the  railway  on  said  Milwaukee  avenue,  the 
same  to  be  completed  as  far  west  as  the  west  line  of  Wood  street, 
on  or  before  June  1st,  A.  D.  1880,  and  from-  thence  to  the  center  of 
Western  avenue  as  soon  thereafter  as  it  may  be  deemed  practicable  by 
said  company. 

IT  2.  Tracks.]  § 2.  The  tracks  of  such  railway  shall  be  so  laid 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  said 
tracks  without  obstruction. 


1356 


STREET  RAILWAYS. 


[§  58° 


T 3.  Fare— animal  power  only.]  § 3.  The  rate  of  fare  for  any 

continuous  distance  on  the  same  car  shall  not  exceed  five  cents,  ex- 
cept when  cars  or  carriages  shall  be  chartered  for  special  purposes. 
The  cars  to  be  used  upon  said  tracks  shall  be  propelled  by  animal 
power,  and  shall  not  connect  with  any  other  railroad  on  which  other 
power  is  used. 

If  4.  Passenger  transportation  only.]  § 4.  The  said  tracks  and 
railway  shall  be  used  for  transporting  passengers,  and  the  cars  or  car- 
riage shall  be  of  the  best  style. 

1"  5.  Street  improvements.]  § 5.  That  said  railway  company 
shall,  as  respects  the  grading,  paving,  macadamizing,  filling,  widening 
or  planking  the  streets  or  parts  of  streets  upon  which  they  shall  con- 
struct their  said  railways,  or  any  of  them,  keep  eight  feet  in  width  on 
all  streets  whereon  one  track  is  constructed,  and  sixteen  feet  in  width 
along  the  line  of  said  railway  where  two  tracks  are  constructed,  in 
good  repair  and  condition  during  all  the  time  to  which  the  privilege 
hereby  granted  to  said  company  shall  extend. 

If  6.  Street  repairing.]  § 6.  Consent  and  authority  is  hereby 
given  to  said  company  to  pave  and  keep  in  repair  with  cobble  stone, 
the  railways  herein  mentioned,  and  where  it  is  deemed  practicable  ih 
the  estimation  of  the  commissioners  of  public  works,  block  stone  may 
be  laid  outside  of  the  rails  on  that  portion  of  the  streets  required  to 
be  paved  and  kept  in  repair  by  said  company;  Provided,  that  the 
same  shall  be  done  to  the  satisfaction  of  the  department  of  public 
works. 

®|f  7.  Forfeiture.]  § 7.  If  the  said  company  fail  to  complete  the 
said  railways  in  the  ordinance  mentioned,  at  the  time  mentioned  and 
provided,  and  according  to  the  conditions  prescribed  herein,  then  the 
rights  and  privileges  granted  by  virtue  hereof  respecting  said  railways 
shall  be  forfeited  to  the  city  of  Chicago,  unless  the  city  council  shall 
grant  said  company  a further  extension  of  time;  Provided,  that  if 
the  said  company  is  delayed  by  the  order  of  any  court,  the  time  of 
such  delay  shall  be  excluded  from  the  time  above  prescribed. 

8.  Rights  valid — reserved.]  § 8.  All  rights  and  privileges 
heretofore  vested  in  the  board  of  water  commissioners  and  the  sewer 
commissioners  or  other  corporations  are  not  to  be  impaired  or  affected 
by  anything  herein  contained,  but  the  rights  and  privileges  hereby 
granted  are  subject  thereunto. 

1 9.  Right  to  purchase.]  § 9.  The  same  company  shall  keep, 
maintain,  use  and  enjoy  the  right  to  operate  railway  cars  and  car- 
riages under  the  terms  and  restrictions  herein  provided,  for  and  dur- 
ing the  term  of  twenty  years  from  and  after  the  passage  of  this  ordi- 
nance, and  after  the  expiration  of  the  time  fixed  in  this  ordinance, 
and  until  the  city  council  thereafter  elect,  by  order  for  that  purpose, 
to  grant  the  privilege  to  some  person,  persons,  party  or  parties,  cor- 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1357 


58l] 


poration  or  company,  to  purchase  said  track  or  tracks  of  said  railway 
company,  cars,  carriages,  furniture  and  implements  and  appurtenances 
of  every  kind  and  description  then  used  by  said  company  in  the  op- 
eration of  said  railways,  and  to  pay  for  the  same  in  a manner  here- 
inafter mentioned. 

If  10.  Price,  how  to  be  fixed.]  § 10.  Such  order  to  purchase 
shall  fix  the  time  when  said  person,  persons,  party  or  parties,  cor- 
poration or  company  will  take  such  railway  and  other  property  herein 
mentioned,  which  shall  not  be  less  than  six  months  after  the  passage 
of  said  order,  and  at  the  time  of  taking  such  railway  and  other  prop- 
erty herein  mentioned,  the  said  person,  persons,  party  or  parties, 
corporation  or  company,  shall  pay  to  the  party  or  parties  operating  the 
same  the  sum  of  money  to  be  ascertained  by  three  commissioners  to 
be  appointed  for  that  purpose,  as  follows:  One  to  be  chosen  by  said 
person  or  parties  from  the  disinterested  freeholders  of  Cook  county, 
one  in  like  manner  by  the  said  company,  its  associates  or  successors, 
operating  said  road,  and  the  two  persons  so  chosen,  one  from  said 
freeholders. 

IT  11.  Grant  construed  as  to  other  streets.]  §11.  The  tracks 
hereby  authorized  shall  be  deemed  an  extension  of  the  tracks  already 
laid  by  said  company  on  Milwaukee  avenue,  Clinton,  Halsted,  Ran- 
dolph and  Madison  streets,  or  either  of  them,  and  no  additional  fare 
shall  be  charged  over  the  line  so  extended  by  virtue  of  this  ordinance. 

TP  12.  When  in  force.]  § 12.  This  ordinance  shall  take  ef- 
fect and  be  in  force  on  and  after  its  passage  and  acceptance  by  said  rail- 
way company. 

§ 581.  Chicago  West  Division  Railway  company. 

TT  1.  Lake  street  and  Milwaukee  avenue  extension. 

if  2.  Tracks — how  laid — passenger  transportation  only. 

if  3.  Time  proviso. 

if  4.  Street  improvements,  repairs,  etc. 

if  5.  Speed  and  running  time  may  be  regulated. 

if  6.  Lake  street  bridge  to  be  built,  etc. 

if  7.  Car  license  fee. 

if  8.  Forfeiture. 

if  9.  Rockwell  street  cars. 

if  10.  When  to  take  effect. 

An  ordinance  authorizing  an  extension  of  the  street  railways  on  Lake  street  and 
Milwaukee  avenue.  (Passed  November  29,  1880.) 

1 1.  Lake  street  and  Milwaukee  avenue  extension.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  in 

consideration  of  the  acceptance  hereof  and  the  undertaking  of  the 
Chicago  West  Division  Railway  Company  to  comply  with  the  pro- 
visions herein  contained,  permission  and  authority  is  hereby  given  to 
said  company  to  extend  its  railways  now  in  use  on  Lake  street  and 
Milwaukee  avenue,  and  for  that  purpose  the  said  company  may  con- 
struct a double  and  single  track  railway,  as  hereinafter  mentioned,  with 


1358 


STREET  RAILWAYS. 


[§  5gi 


all  the  necessary  side  tracks,  curves,  turnouts  and  switches;  that  is  to 
say,  a double  track  on  Milwaukee  avenue,  from  the  tracks  now  in  use 
thereon  at  the  intersection  of  Clinton  street,  to  Lake  street,  and  to  a 
connection  with  the  tracks  of  said  company  on  said  Lake  street; 
and  a double  track  on  Lake  street,  from  the  tracks  of  said  company 
on  said  street  at  Rockwell  street,  to  Central  park;  and  from  the 
tracks  of  said  company  now  in  use  on  Lake  street  at  Union  park, 
easterly  on  said  Lake  street  to  Lake  street  bridge,  and  over  and  along 
said  bridge  and  Lake  street  to>  the  east  line  of  State  street,  and  thence 
with  a single  track  to  the  east  line  of  Wabash  avenue;  and  the  said 
company  may  maintain  and  operate  its  railways,  extended  as  afore- 
said, upon  the  terms  and  conditions  and  subject  to  the  restrictions 
mentioned  in  this  ordinance,  for  the  period  of  twenty  years  from  the 
passage  thereof,  and  the  rate  of  fare  shall  not  exceed  five  cents  for 
each  passenger  for  any  continuous  travel  of  one  trip;  and  the  said 
company  is  hereby  authorized  to  use  and  operate  its  cars  upon  the 
tracks  of  the  Chicago  City  Railway  Company  now  in  use,  or  which 
may  be  hereafter  authorized,  for  the  purpose  of  connecting  the  dif- 
ferent lines  of  said  Chicago  West  Division  Railway  Company;  Pro- 
vided, the  consent  of  said  Chicago  City  Railway  Company  to  such 
use  of  said  lines  is  first  obtained. 

1"  2.  Tracks,  how  laid — passenger  transportation  only.]  § 2. 

Each  of  said  tracks  shall  be  laid  as  near  the  center  of  the  street  as 
practicable,  and  shall  not  be  laid  nearer  than  twelve  feet  of  the  side- 
walk, except  in  turning  street  corners,  and  then  no  nearer  than  may 
be  required  to  make  the  necessary  curves.  The  cars  shall  be  used 
for  no  other  purpose  than  the  transportation  of  passengers  and  their 
ordinary  luggage  by  said  company,  and  shall  be  operated  by  animal 
' power  only. 

T 3.  Time  proviso.]  § 3.  The  tracks  herein  authorized  shall 
be  laid  and  the  lines  in  operation  by  the  first  day  of  June,  1881 ; Pro- 
vided, that  if  said  company  be  delayed  by  the  order  or  writ  of  any 
court  from  proceeding  with  the  work,  the  time  of  such  delay  shall1 
be  excluded  from  the  time  prescribed  herein  for  the  completion  of 
said  railways;  and  if  said  company  shall  fail  to  complete  said  tracks 
within  the  time  prescribed,  the  rights  and  privileges  hereby  granted 
may  be  declared1  null  and  void. 

1 4.  Street  improvements — repairs,  etc.]  § 4.  The  said  com- 
pany, as  respects  the  grading,  paving,  macadamizing,  filling,  plank- 
ing, repairing  or  using  of  said  street  and  avenue  upon  which  they 
shall  construct  said  railways,  or  any  of  them,  shall  keep  sixteen  feet 
in  width  where  two  tracks  are  laid,  and  eight  feet  in  width  where  one 
track  is  laid,  in  good  repair  and  condition  during  all  the  time  to 
which  the  privileges  hereby  granted  shall  extend,  in  accordance  with 
whatever  order  or  regulation  respecting  the  ordinary  repair  thereof 
may  be  passed  or  adopted  by  the  city  council;  and  when  any  new  im- 


§ 5Sl] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1359 


provement,  paving,  repairing,  planking,  filling,  or  other  improvement 
of  like  character,  shall  be  ordered  by  the  city  council  thereon,  said 
company  shall,  in  the  manner  required  by  the  city  authorities  of  the 
owners  of  property  fronting  on  said  street  and  avenue,  make  such  new 
improvement  for  the  width  of  sixteen  feet  where  two  tracks  are  laid, 
and  eight  feet  where  one  track  is  laid;  and  if  said  company  fails  to  do 
so,  it  may  be  done  by  the  city  and  the  cost  thereof  collected  of  said 
company. 

If  5.  Speed  and  running  time  may  be  regulated.]  § 5. 

The  city  council  shall  have  power  at  all  times  to  make  such  regula- 
tions as  to  the  rate  of  speed  and  time  of  running  said  cars  as  the 
public  safety  and  convenience  may  require. 

If  6.  Lake  street  bridge  to  be  built,  etc.]  § 6.  If  the  city 
of  Chicago  shall  hereafter,  during  the  term  of  the  license  hereby 
granted,  provide  by  ordinance  for  the  construction  of  a large,  four- 
track  bridge  over  the  Chicago  river  at  Lake  street  to  be  operated  by 
steam  or  other  power  to  be  used  and  take  the  place  of  the  existing 
bridge  over  said  river  on  said  Lake  street,  in  consideration  of  the  in- 
creased facilities  which  such  a structure  would  afford  to  the  Chicago 
West  Division  Railway  Company  in  crossing  said  river,  said  com- 
pany agrees  to  pay  to  the  city  of  Chicago,  as  required  by  the  city 
during  the  progress  of  its  construction,  one-half  the  first  cost  of  such 
structure,  including  pier,  abutments,  and  steam  or  other  machinery, 
and  a further  sum  of  one  thousand  dollars  per  annum  payable  quarter- 
ly, towards  defraying  the  expense  of  operating  and  repairing  said 
Lake  street  bridge,  and  making  any  renewals,  improvements,  enlarge- 
ments, and  replacements  thereof.  Such  annual  payments  to  com- 
mence whenever  the  new  structure  is  ready  for  use,  and  to  be  con- 
tinued every  year  thereafter  until  the  termination  of  the  license  here- 
by granted,  which  payments  on  account  of  the  cost  of  such  bridge, 
and  annual  payments  before  mentioned,  are  understood  and  agreed  to 
be  in  lieu  of  all  special  assessments  which  could  or  might  be  made 
against  said  company  or  its  property  for  or  on  account  of  the  con- 
struction of  such  bridge  and  all  approaches  thereto;  and  for  and  on 
account  of  the  operation  and  repair  of  the  same;  and  for  all  renewals, 
improvements,  enlargements  and  replacements  thereof;  and  are  to 
fully  relieve  and  discharge  said  company  from  all  other  and  further 
obligations  on  account  thereof. 

T 7.  Car  license  fee.]  § 7.  And  in  further  consideration  of 
the  privileges  and  immunities  hereby  granted,  the  said  railway  com- 
pany shall  pay  into  the  treasury  of  the  city  of  Chicago,  for  the  use 
of  said  city,  an  annual  license  fee  of  fifty  dollars,  and  no'  more,  per 
car  for  the  daily  average  number  of  cars  regularly  used  in  the  opera- 
tion of  the  tracks  on  said  Lake  street  and  on  said  Milwaukee  avenue 
hereby  licensed,  and  which  shall  be  run  over  said  Lake  street  bridge  ; 
but  in  computing  the  number  of  cars  upon  which  such  license  charge 


1360 


STREET  RAILWAYS. 


[§582 


may  be  imposed,  all  irregular  or  extra  cars  occasionally  operated 
shall  be  included  upon  the  basis  of  thirteen  round  trips  being  equiva- 
lent to  one  day's  use  of  one  car.  The  president  or  other  officer  of 
said  company  shall  make  under  oath  a true  report  of  the  whole  num- 
ber of  cars  operated  on  said  tracks  and  bridge  as  herein  provided, 
and  at  the  same  time  pay  to  the  city  treasurer  the  amount  so  shown 
to  be  due  the  city  as  such  license  fee.  The  first  of  which  reports  shall 
be  made  three  months  after  said  company  shall  commence  the  run- 
ning of  its  cars  over  said  tracks  and  bridge,  and  thereafter  quarter- 
yearly  during  the  continuance  of  the  license  hereby  granted;  Pro- 
vided, that  the  license  fee  on  the  Milwaukee  avenue  and  Lake  street 
cars  is  to  be  paid!  from  the  time  they  commence  crossing  the  river 
at  Lake  street. 

Tf  8.  Forfeiture.]  § 8.  If  the  said  company  shall  at  any  time 
fail  or  refuse  to  comply  with  any  of  the  provisions  of  this  ordinance, 
after  thirty  days'  notice  from  the  commissioner  of  public  works,  then 
the  license  and  privileges  hereby  granted  may,  upon  application  to 
any  court,  be  declared  forfeited. 

9.  Rockwell  street  cars.]  § 9.  Over  the  extension  from 
Rockwell  street  to  Central  park,  unless  prevented  by  causes  beyond 
the  control  of  said  company,  cars  shall  be  run  as  often  as  every  fifteen 
minutes  during  business  hours,  and  a car  shall  leave  the  eastern  end 
of  the  line  for  Central  park  every  evening,  at  or  about  11  o'clock. 

•f  10.  When  to  take  effect.]  § 10.  This  ordinance  shall 
take  effect  when  accepted  by  said  railway  company,  but  such  accept- 
ance shall  be  within  thirty  days  from  the  passage  thereof,  otherwise 
it  shall  be  null  and  void. 

§ 582.  Chicago  West  Division  Railway  company. 

•ff  1.  Ogden  avenue  extension.  f , 

2.  Condition  of  the  grant, 
if  3.  Consent  of  West  Chicago  park  commissioners, 
if  4.  Extension. 

if  5.  Street  improvements,  repairs,  etc. 
if  6.  When  to  take  effect. 

An  ordinance  to  authorize  the  Chicago  West  Division  Railway  company  to  ex- 
tend its  street  railway  tracks  on  Ogden  avenue.  (Passed  February  7,  1881.) 

1 1.  Ogden  avenue  extension.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  West  Di- 

vision Railway  Company,  its  successors  and  assigns,  is  hereby  granted 
permission  and  consent  to  construct,  maintain  and  operate  a single  or 
double  track  extension  of  its  railway  on  Ogden  avenue,  from  its  pres- 
ent terminus  at  or  near  Western  avenue  to  the  western  limits  of  the 
city  of  Chicago,  with  all  necessary  turnouts,  switches  and  side  tracks, 
for  the  period  of  twenty  years  from  the  passage  of  this  ordinance, 
subject  to  the  provisions  embraced  and  contained  in  an  ordinance 
dated  February  28,  1876,  and  amendments  thereto,  for  the  extension 


§ 582]  • CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1361 

of  tracks  on  Ogden  avenue,  and  with  all  the  privileges  applicable  to 
the  line  of  said  company  on  Ogden  avenue,  from  Madison  street  to 
Western  avenue,  and  to  the  other  and  further  conditions  and  pro- 
visions hereinafter  mentioned. 

1 2.  Conditions  of  the  grant.]  § 2.  Said  permission  and 
consent  to  extend  shall  be  condition  upon  the  acceptance  by  said 
Chicago  West  Division  Railway  Company  of  this  ordinance  within 
ten  days  after  its  passage  and  approval  by  the  mayor,  and  their  agree- 
ment to  comply  with  all  its  conditions ; and  upon  the  further  condition 
that  said  tracks  shall  be  laid  and  in  actual  operation  from  Western 
avenue  to  the  western  line  of  Douglas  park,  on  or  before  the  first 
day  of  June,  1881,  and  from  the  western  line  of  Douglas  park  to 
Lawndale  as  soon  as  the  same  can  be  constructed,  operated  and  kept 
in  repair  without  actual  loss. 

1 3.  Consent  of  West  Chicago  park  commissioners.]  § 3. 

The  right  to  construct  and  operate  said  railways  through  Douglas 
park  shall  be  subject  to  the  consent  of  the  West  Chicago’  park  com- 
missioners. 

4.  Extension.]  § 4.  The  said  tracks  hereby  authorized  shall 
be  deemed  an  extension  of  the  line  now  operated  on  Ogden  avenue, 
and  no  additional  fare  shall  be  charged  over  the  line  so  extended  by 
virtue  of  this  ordinance. 

1 5.  Street  improvements,  repairs,  etc.]  § 5.  The  said  Chi- 
cago West  Division  Railway  Company,  its  successors  or  assigns, 
shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or  plank- 
ing of  said1  Ogden  avenue,  upon  which  they  shall  construct  said  rail- 
ways, or  any  of  them,  keep  sixteen  feet  in  width  where  a double  track 
is  used,  and  eight  feet  in  width  where  a single  track  is  used,  in  good 
repair  and1  condition,  so  that  wagons,  carriages  and  other  vehicles 
can  pass  and  repass  at  any  and  all  points,  and  in  any  and  all  directions. 
And  when  any  new  improvements,  filling,  paving,  repaving,  macad- 
amizing or  planking  is  ordered  by  the  city  council  in  said  Ogden 
avenue,  said  railway  company  shall  in  like  manner  and  with  like  ma- 
terial as  is  required  of  the  owners  of  property,  as  to  other  contiguous 
parts  of  said  avenue  in  which  said  railways  shall  be  constructed,  make 
such  new  improvements  on  eight  feet  in  width  where  a single  track  is 
used,  and  sixteen  feet  in  width  where  a double  track  is  used',  and  if 
the  said  railway  company  shall  refuse  or  neglect  to  make  such  new 
improvement  within  a reasonable  time  to  be  fixed  by  the  ordinance 
ordering  the  same,  the  work  may  be  done  by  the  city  of  Chicago  and 
the  cost  thereof  assessed  upon  said  company,  and  collected  as  other 
assessments  from  any  real  or  personal  property  of  said  company. 

T 6.  When  to  take  effect.]  § 6.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


1362 


STREET  RAILWAYS. 


[§  § 583,  584 


§ 583.  Chicago  West  Division  Railway  company. 

Tf  1.  Leavitt  street  extension. 

2.  Forfeiture. 

An  ordinance  granting  authority  to  the  Chicago  West  Division  Railway  com- 
pany to  operate  upon  and  along  Leavitt  street  from  Chicago  avenue  to  In- 
diana street.  (Passed  July  17,  1882.) 

1 1.  Leavitt  street  extension.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof,  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  hereof,  authority  is 
hereby  granted  to  and  duly  vested  in  said  company,  its  successors  and 
assigns,  to  construct,  maintain  and  operate  a.  single  or  double  track 
street  railway,  with  all  necessary  side-tracks,  curves  and  turn-outs, 
for  a period  of  twenty  years  from  the  passage  hereof,  upon,  in  and 
along  Leavitt  street,  from  the  tracks  of  said  company  on  Chicago  ave- 
nue, to  connect  with  the  tracks  of  said  company  on  Indiana  street, 
upon  the  same  terms  and  conditions,  and  with  the  same  rights  and 
privileges  as  are  applicable  by  existing  ordinances  to  the  tracks  on  said 
Chicago  avenue  and  Indiana  street,  the  same  to  be  completed  within 
sixty  days  following  the  passage  of  this  ordinance. 

1"  2.  Forfeiture.]  § 2.  Unless  the  said  railway  track  shall  be 
laid  and  completed  within  sixty  days  from  the  passage  of  this  ordi- 
nance, all  rights  and  privileges  hereby  granted  shall  utterly  cease  and 
determine,  and  the  rights  respectively  of  the  city  of  Chicago  and  the 
Chicago  West  Division  Railway  Company  shall  be  as  if  said  ordinance 
had  never  passed. 

§ 584.  Chicago  West  Division  Railway  company. 

1.  North  Washtenaw  street  extension. 

«f[  2.  The  tracks,  etc — passenger  traffic  only. 

3.  Street  repairs,  etc. — condition  of  grant. 

4.  An  extension  only. 

If  5.  Term  of  grant. 

6.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago  West  Division  Railway  com- 
pany through  certain  streets  in  the  Village  of  Jefferson.  (Approved  June 
30,  1883.) 

% 1.  North  Washtenaw  street  extension.]  Be  it  ordained  by  the 
president  and  board  of  trustees  of  the  village  of  Jefferson:  § 1.  'That 
in  consideration  of  the  acceptance  hereof  and  the  undertaking  of  the 
Chicago  West  Division  Railway  Company  to  comply  with  the  provis- 
ions hereof,  authority  and  consent  are  hereby  given,  granted  and  duly 
vested  in  said  company,  its  successors  and  assigns,  to  construct,  oper- 
ate and  maintain  a single  or  double  track  railway,  with  all  necessary 
turn-outs,  side-tracks,  switches  and  curves,  in,  upon  and  along  Armi- 
tage  road,  from  North  Washtenaw  street  to  west  line  of  California 
avenue,  south  along  California  avenue  to  its  intersection  with  North 


585] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1363 


avenue  tracks,  and  to  operate  the  same  in  connection  with  the  railway 
in  said  Armitage  road  and  North  avenue. 

T 2.  The  tracks,  etc. — passenger  traffic  only.]  § 2.  The 
tracks  of  such  railway  shall  he  so  laid  that  carriages  and  other  vehicles 
can  easily  and  freely  cross  said  tracks  without  unnecessary  obstruction, 
and  the  cars  to  be  used  upon  said  tracks  are  for  the  transportation  of 
passengers,  together  with  their  ordinary  baggage,  and  of  the  same 
style  and  class  as  those  in  use  on  the  connecting  railway  lines. 

1 3.  Street  repairs,  etc. — condition  of  grant,  etc.]  § 3.  The 
said  Chicago  West  Division  Railway  Company,  its  successors 
and  assigns,  shall  keep  eight  feet  in  width  where  a single  track  is  laid, 
and  sixteen  feet  where  a double  track  is  laid,  and  occupied  by  said 
tracks  respectively  of  said  streets,  in  good  order  and  repair  during  the 
whole  term  the  said  streets  shall  be  occupied  by  said  tracks,  and  au- 
thority is  hereby  given  to  said  company  to  pave  and  keep  in  repair 
with  stone  the  railway  herein  mentioned : Provided,  however,  and  the 
permission  and  authority  hereby  granted  are  upon  the  express  condi- 
tion, that  if  a single  track  is  laid  through  said  Armitage  road  and  Cali- 
fornia avenue  it  shall  be  so  laid  and  constructed  as  to  be  north  of  the 
center  line  of  Armitage  road  and  east  of  the  center  line  of  California 
avenue,  under  the  supervision  and  to  the  satisfaction  of  the  village 
engineer. 

T 4.  An  extension  only.]  § 4.  The  tracks  hereby  authorized 
shall  be  deemed  an  extension  of  the  tracks  already  laid  and  operated 
by  said  company  on  Armitage  avenue  and  North  avenue,  and  no  addi- 
tional fare  shall  be  charged  over  the  lines  so  extended  by  virtue  of  this 
ordinance. 

If  5.  Term  of  grant.]  § 5.  The  rights  and  privileges  hereby 
granted  shall  continue  for  the  term  of  twenty  years  from  the  passage 
and  approval  of  this  ordinance. 

T 6.  .When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
on  and  after  its  passage  and  acceptance  by  said  railway  company. 

§ 585.  Chicago  West  Division  Railway  company. 

•fT  1.  Grant — route. 

IF  2.  Tracks — how  operated. 

1[  3.  Fare — passenger  traffic,  etc. 

IF  4.  Street  improvements,  repairs,  etc. 

IF  5-  Forfeiture. 

if  6.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  Chicago  West  Division  Railway  com- 
pany to  construct  and  operate  upon  Noble  and  sundry  other  streets.  (Passed 

May  11,  1885.  Accepted  June  15,  1885.) 

1 1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance  here- 
of, and  the  undertaking  by  the  Chicago  West  Division  Railway  Com- 
pany to  comply  with  the  provisions  hereof  contained,  authority,  per- 


1364 


STREET  RAILWAYS. 


mission  and  consent  are  hereby  given,  granted  and  duly  vested  in  said 
company,  its  successors  and  assigns,  to  construct,  operate  and  main- 
tain, for  a period  of  twenty  years  from  and  after  the  passage  hereof,  a 
single  or  double  track  horse  railway,  with  all  the  necessary  turn-outs, 
side-tracks,  switches  and  curves,  in,  upon  and  along  the  following 
named  part  of  streets  and  as  near  the  center  of  each  of  the  same  as 
may  be  practicable,  to-wit:  Noble  street,  from  its  intersection  with 
Milwaukee  avenue,  northerly  to  Blackhawk  street,  thence  westerly  on 
Blackhawk  street  to  Holt  street,  thence  northerly  on  Holt  street  to 
North  avenue,  thence  westerly  on  North  avenue  to  North  Ashland 
avenue,  thence  northerly  on  North  Ashland  avenue  to  Clybourne  ave- 
nue, thence  westerly  on  Clybourne  avenue  to  the  west  line  of  Wood 
street. 

1”  2.  Tracks — how  operated.]  § 2.  The  tracks  hereby  au- 
thorized shall  be  operated  in  connection  with  the  railways  of  said 
company  now  operated  on  said  Milwaukee  avenue  at  Noble  street, 
and  shall  be  held  to  be  an  extension  thereof,  and  subject  to  the  laws 
and  ordinances  now  in  force  applicable  thereto,  including  sections  1 
and  2 of  the  ordinance  of  July  30th,  1883,  except  as  herein  otherwise 
provided,  and  shall  be  completed  on  or  before  November  1st,  1885. 

1 3.  Fare,  passenger  traffic,  etc.]  § 3.  The  rate  of  fare  for 
any  distance  of  one  trip  on  the  same  car,  shall  not  exceed  five  cents, 
except  where^cars  or  carriages  shall  be  chartered  for  special  purposes, 
and  the  said1  tracks  and  railways  shall  be  used  for  the  transportation  of 
passengers  only,  and  the  cars  or  carriages  shall  be  of  the  same  style 
as  those  now  in  use  by  said  company. 

If  4.  Street  improvements,  repairs,  etc.]  § 4.  Consent  and 
authority  is  hereby  given  to  the  said  company  to  pave  and  keep  in 
repair  with  cobble-stone  the  railways  herein  mentioned,  and  where  it 
is  deemed  practicable  in  the  estimation  of  the  commissioner  of  public 
works  block  stone  may  be  laid  outside  of  the  rails  on  that  portion  of 
the  streets  required  to  be  paved  and  kept  in  repair  by  said  company; 
provided,  that  the  same  shall  be  done  to  the  satisfaction  of  the  depart- 
ment of  public  works. 

1”  5.  Forfeiture.]  § 5.  If  the  said  company  fail  to  complete 
the  said  railways  hereby  authorized  at  the  time  mentioned  and  pro- 
vided, and  according  to  the  conditions  prescribed  herein,  then  the 
rights  and  privileges  granted  by  virtue  hereof,  shall  be  and  become 
void;  provided,  that  if  the  'said  company  is  delayed  by  the  writ  or  order 
of  any  court,  the  time  of  such  delay  shall  be  excluded  from  the  time 
above  prescribed  for  completing  the  same. 

IT  6-  When  to  take  effect.]  § 6.  This  ordinance  shall  be  in 
force  on  and  after  its  passage  and  acceptance  by  the  said  railway 
company. 


§ 586] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1365 


§ 586.  Chicago  West  Division  Railway  company. 

IT  1.  West  Division  street  extension. 

2.  Tracks — how  operated,  etc. 

3.  Fare — passenger  transportation  only. 

4.  Street  improvements,  repairs,  etc. 

5.  Forfeiture. 

TJ  6.  When  in  force. 

An  ordinance  giving  consent  to  the  Chicago  West  Division  Railway  company  to 
construct  and  operate  a railway  upon  Division  street  from  Milwaukee  ave- 
nue to  200  feet  west  of  California  avenue.  (Passed  December  7,  1885.  Ac- 
cepted December  31,  1885.) 

If  1.  West  Division  street  extension.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  in  consideration 
of  the  acceptance  hereof,  and  the  undertaking  of  the  Chicago  West 
Division  Railway  Company  to  comply  with  the  provisions  herein 
contained,  authority,  permission  and  consent  are  hereby  given,  grant- 
ed and  duly  vested  in  said  company,  its  successors  and  assigns,  to 
construct,  operate,  and  maintain  for  a period  of  twenty  years  from  and 
after  the  passage  hereof,  a single  or  double  track  horse  railway,  with 
all  the  necessary  turn-outs,  side-tracks,  switches  and  curves,  in,  upon, 
and  along  West  Division  street,  and  as  near  the  center  of  said  street 
and  its  intersection  with  Milwaukee  avenue  as  practicable,  from  Mil- 
waukee avenue  to  a point  200  feet  west  of  California  avenue. 

Tf  2,  Tracks,  how  operated,  etc.]  § 2.  The  tracks  hereby 
authorized  shall  be  operated  in  connection  with  the  railways  of  said 
company  now  operated  on  said  Milwaukee  avenue  at  Division  street, 
and  shall  be  held  to  be  an  extension  thereof,  and  subject  to  the  laws 
and  ordinances  now  in  force  applicable  thereto,  including  sections  1 
and  2 of  the  ordinance  of  July  30th,  1883,  except  as  herein  otherwise 
provided,  and  shall  be  completed  on  or  before  July  1st,  1886. 

1 3.  Fare — passenger  transportation  only.]  § 3.  The  rate  of 
fare  for  any  distance  of  one  trip  on  the  same  car  shall  not  exceed  five 
cents,  except  where  cars  or  carriages  shall  be  chartered  for  special 
purposes,  and  the  said  tracks  and  railways  shall  be  used  for  the  trans- 
portation of  passengers  only,  and  the  cars  or  carriages  shall  be  of  the 
same  style  as  those  now  in  use  by  said  company. 

T 4.  Street  improvements,  repairs,  etc.]  § 4.  Consent  and 
authority  is  hereby  given  to  the  said  company  to  pave  and  keep  in 
repair,  with  cobblestone,  the  railways  herein  mentioned,  and  where  it 
is  deemed  practicable  in  the  estimation  of  the  commissioner  of  public 
works,  block  stone  may  be  laid  outside  of  the  rails  on  that  portion  of 
the  streets  required  to  be  paved  and  kept  in  repair  by  said  company; 
Provided,  that  the  same  shall  be  done  to  the  satisfaction  of  the  depart- 
ment of  public  works. 

*j[  5.  Forfeiture.]  § 5.  If  the  said  company  fail  to  complete 
the  said  railways  hereby  authorized  at  the  time  mentioned  and  pro- 


1366 


STREET  RAILWAYS. 


[§  587 


vided,  and  according  to  the  conditions  prescribed,  herein,  the  rights 
and  privileges  granted  by  virtue  hereof  may  be  declared  void;  Pro- 
vided, that  if  the  said  company  is  delayed  'by  the  writ  or  order  of  any 
court,  the  time  of  such  delay  shall  be  excluded  from  the  time  above 
described  for  completing  the  same. 

If  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  acceptance  by  the  said  railway  com- 
pany. 

§ 587.  Chicago  West  Division  Railway  company. 

If  1.  Eighteenth  street  and  Blue  Island  avenue  extension, 
if  2.  Animal  power — passenger  transportation  only, 
if  3.  Street  improvements,  repairs,  etc. 

IT  4*  Tracks — requirements  as  to. 
if  5.  Fare — continuous  passage, 
if  6.  Fifty  dollars  license  fee  per  car. 
if  7.  Street  improvement,  condition,  etc. 
if  8.  Forfeiture, 
if  9.  When  in  force. 

An  ordinance  granting  consent  to  the  Chicago  West  Division  Railway  company 

to  maintain  and  operate  tracks  on  Eighteenth  street.  (Passed  December  7, 

1885.  Accepted  December  31,  1885.) 

T 1.  Eighteenth  street  and  Blue  Island  avenue  extension.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

in  consideration  of  the  acceptance  hereof,  and  the  undertaking  of  the 
Chicago  West  Division  Railway  Company  to  comply  with  the  provis- 
ions herein  contained,  authority  and  consent  are  hereby  given  to  said 
railway  company  to  construct,  maintain  and  operate,  for  the  period  of 
twenty  years  from  the  passage  hereof,  a double-track  street  railway, 
with  all  the  necessary  and  convenient  curves,  side-tracks,  switches  and 
turn-tables,  to-wit:  connecting  with  the  tracks  of  said  company  on 
Halsted  street  as  an  extension  thereof,  thence  westerly  on  and  along 
Eighteenth  street  to  Blue  Island  avenue,  and  connecting  with  the 
tracks  thereon,  thence  westerly  on  the  said  Eighteenth  street  to  Oak- 
ley avenue. 

T 2.  Animal  power — passenger  transportation  only.]  § 2. 

The  railways  hereby  authorized  shall  be  operated  by  animal  power 
only,  and  shall  be  used  for  the  transportation  of  passengers  and  their 
ordinary  luggage  only,  and  shall  be  laid  as  near  the  center  of  the  street 
as  may  be  practicable,  and  not  nearer  than  twelve  feet  of  the  sidewalk, 
except  in  turning  street  corners,  and  then  no  nearer  than  may  be  nec- 
essary to  make  the  required  curves. 

If  3.  Street  improvements,  repairs,  etc.]  § 3.  The  said  com- 
pany, as  to  the  grading,  paving,  macadamizing,  filling,  repairing  or 
using  of  said  streets,  upon  which  shall  be  constructed  said  railways, 
or  any  of  them,  shall  keep  sixteen  feet  in  width  in  good  repair  and 
condition  during  all  the  time  to  which  the  privileges  hereby  granted 
shall  extend,  in  accordance  with  whatever  order  or  regulation  respect- 


§ 587]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1367 

in g such  filling,  grading,  paving  or  repairing  as  may  be  passed  or 
adopted  by  the  city  council;  and  when  any  repairing,  planking,  filling 
or  other  improvement  of  like  character  shall  be  ordered  by  the  city 
council  thereon,  said  company  shall,  in  the  manner  required  by  the 
city  authorities  of  the  owners  of  property  fronting  on  said  streets, 
make  such  new  improvements,  for  the  width  of  sixteen  feet  where  two 
tracks  are  laid,  and  eight  feet  where  one  track  is  laid;  and  if  said  com- 
pany fails  so  to  do,  the  same  may  be  done  by  the  city,  and  the  cost 
thereof  collected  of  said  company. 

T 4.  Tracks,  requirements  as  to.]  § 4.  The  tracks  hereby 
authorized  shall  be  laid  with  modern  improved  rails,  and  shall  not  be 
laid  above  the  surface  of  the  street,  and  shall  be  so  laid  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  at  any  and  all  points, 
and  in  any  and  all  directions;  said  tracks  shall  be  laid  and  the  railway 
in  operation  between  Halsted  street  and  Ashland  avenue  by  the  first 
day  of  July,  1886,  and  between  Ashland  avenue  and  Oakley  avenue, 
as  soon  as  that  part  of  Eighteenth  street  is  paved,  and  said  company 
shall  pay  its  proportion  of  the  cost  of  said  paving,  in  accordance  with 
the  terms  of  section  3 hereof. 

If  5.  Fare,  continuous  passage.]  § 5.  The  rate  of  fare  shall 
not  exceed  five  cents  for  each  passenger,  for  any  continuous  passage 
of  one  trip  upon  the  line  of  said  company  as  extended  under  this  ordi- 
nance, except  where  cars  may  be  chartered  for  some  specific  purpose. 

T 6.  Fifty  dollars  license  fee  per  car.]  § 6.  The  provision 
of  section  1,  of  an  ordinance  entitled  “An  ordinance  concerning  street 
railways  in  the  city  of  Chicago,”  passed  July  30th,  1883,  and  the 
license  fee  of  $50  per  car  as  therein  imposed  shall  extend  to  the  cars 
to  be  operated  on  the  railways  hereby  authorized. 

1 7.  Street  improvements,  conditions,  etc.]  § 7.  The  privi- 
leges hereby  granted  are  upon  the  further  express  condition  that  said 
railway  company  shall  first  pay  to  the  city,  for  the  use  of  those  paying 
the  assessment  therefor,  an  amount  equal  to  the  cost  of  paving  a strip 
sixteen  feet  in  width  (which  shall  include  the  tracks  hereby  author- 
ized), of  the  paving  already  laid  on  Eighteenth  street,  from  Halsted 
street  to  Ashland  avenue,  and  that  the  track  shall  be  laid  between 
Ashland  and  Oakley  avenues,  as  nearly  as  may  be,  at  the  time  the 
same  is  paved. 

8.  Forfeiture.]  § 8.  If  said  company  shall  fail  to  comply 
with  any  of  the  terms  and  conditions  of  this  ordinance,  or  to  complete 
its  railway  as  prescribed  by  section  4 hereof,  the  rights  and  privileges 
hereby  granted  may  be  declared  null  and  void. 

IT  9.  When  in  force.]  § 9.  This  ordinance  shall  take  effect 
upon  said  company  filing  with  the  city  clerk  its  acceptance  of  the  same 
and  agreement  to  comply  with  its  provisions,  provided  such  accept- 


1368  STREET  RAILWAYS.  [§  § 588,  589 

ance  shall  be  filed  within  thirty  (30)  days  of  the  passage  hereof,  other- 
wise this  ordinance  to  be  void  and  of  no  effect. 

§ 588.  Chicago  West  Division  Railway  company. 

*[f  1.  Van  Buren  street  extension  west. 

IT  2.  Terms  and  conditions, 
if  3.  Improvement  of  streets,  etc. 

4.  When  to  take  effect. 

An  ordinance  giving  authority  and  consent  to  the  Chicago  West  Division  Rail- 
way company  to  extend  its  tracks  in  and  upon  Van  Buren  street.  (Passed 

December  7,  1885.  Accepted  December  21,  1885.) 

1 1.  Van  Buren  street  extension,  west.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  authority  and  con- 
sent are  hereby  granted  to  the  Chicago  West  Division  Railway  Com' 
pany  and  its  successors  to  construct,  maintain  and  operate  for  a period 
of  twenty  years  from  and  after  the  passage  hereof,  an  extension  of  its 
tracks  now  operated  on  Van  Buren  street,  to-wit:  A double  track 
street  railway,  with  all  necessary  curves,  switches  and  turn-outs,  com- 
mencing at  Western  avenue  at  its  intersection  with  Van  Buren  street 
and  connecting  with  the  tracks  of  said  company  thereat,  and  extend- 
ing westerly  in,  on  and  along  V an  Buren  street,  and  as  near  the  center 
thereof  as  may  be  practicable,  to  the  west  line  of  Kedzie  avenue. 

if  2.  Terms  and  conditions.]  § 2.  The  rights  and  privileges 
hereby  granted  shall  be  subject,  except  as  herein  otherwise  provided, 
to  the  like  terms  and  conditions  as  provided  by  the  ordinances  hereto- 
fore passed,  granting  the  rights  to  construct,  maintain  and  operate  the 
tracks  of  said  company  on  Van  Buren  street,  east  of  Western  avenue, 
including  also  the  provisions  of  sections  one  and  two,  of  an  ordinance 
entitled  “An  ordinance  concerning  street  railways  in  the  city  of  Chi- 
cago, passed  July  30th,  1883.” 

If  3.  Improvement  of  streets,  etc.]  § 3.  The  tracks  hereby  au- 
thorized shall  be  laid  as  soon  as  the  street  wherein  said  tracks  are  to 
be  laid  shall  be  paved,  and  the  laying  of  the  tracks  shall  proceed  with 
said  paving; 

Provided,  further,  that  said  company  shall  pay  its  proportion  of  the 
cost  of  said  paving  in  accordance  with  the  provisions  of  section  two 
hereof. 

1"  4.  When  to  take  effect.]  § 4.  This  ordinance  shall  be  in 
force  from  and  after  its  passage  and  acceptance  by  said  railway  com- 
pany, provided  such  acceptance  shall  be  filed  with  the  city  clerk  within 
thirty  (30)  days  from  and  after  the  passage  hereof;  otherwise,  this  ordi- 
nance to  be  void  and  of  no  effect. 

§ 589.  Chicago  West  Division  Railway  company. 

If  1.  Grant  extended. 

If  2.  Tracks, 
if  3.  Extension. 


§ 589]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1369 

If  .4-  Fare — passenger  transportation  only. 

■ff  5.  Forfeiture. 

6.  When  in  force. 

An  ordinance  vesting  authority  in  the  Chicago  West  Division  Railway  company 
to  maintain  and  operate  tracks  on  Eighteenth  street,  etc.  (Passed  Decem- 
ber 9,  1885.  Accepted  December  31,  1885.) 

If  1.  Grant  extended.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § i.  That  in  consideration  of  the  acceptance 

hereof,  and  the  undertaking  of  the  Chicago  West  Division  Railway 
Company  to  comply  with  the  provisions  herein  contained,  authority, 
permission  and  consent  are  hereby  given,  granted,  and  duly  vested  in 
said  company,  its  successors  and  assigns,  to  construct,  maintain  and 
operate  for  a period  of  twenty  years  from  and  after  the  passage  hereof, 
a single  or  double  track  horse  railroad,  with  necessary  turn-outs, 
switches,  side-tracks  and  curves,  in,  upon  and  along  the  following 
named  parts  of  streets,  and  as  near  the  center  thereof  as  practicable, 
viz.:  On  Leavitt  street,  from  a connection  with  the  tracks  of  said 

company  about  to  be  laid  on  Eighteenth  street,  and  as  an  extension 
thereof,  thence  south  on  said  Leavitt  street  to  a connection  with 
tracks  of  said  company  on  Blue  Island  avenue,  and  on  Ogden  avenue, 
from  a connection  with  the  tracks  of  said  company  on  Madison  street 
and  Ogden  avenue  to  a connection  with  the  tracks  of  said  company 
on  Randolph  street,  and  the  tracks  hereby  authorized  shall  be  com- 
pleted on  or  before  the  first  day  of  July,  1886. 

*|f  2.  Tracks.]  § 2.  The  tracks  hereby  authorized  on  Ogden 
avenue  shall  be  held  and  construed  to  be  an  extension  of  the  tracks  of 
said  company  now  operated  on  Ogden  avenue,  and  shall  be  subject  to 
the  laws  and  ordinances  now  in  force  applicable  thereto,  including 
sections  one  and  two  of  an  ordinance, ’p&ssed  July  30th,  1883,  entitled 
“An  ordinance  concerning  street  railways  in  the  city  of  Chicago.” 

If  3.  Extension.]  § 3.  The  tracks  hereby  authorized  on 
Leavitt  street  shall  be  held  and  construed  to  be  an  extension  of  the 
tracks  of  said  company  now  authorized,  or  hereafter  to  be  authorized 
to  be  constructed  on  Eighteenth  street,  and  shall  be  subject  to  like 
provisions  respecting  the  tracks  authorized,  or  to  be  authorized,  on 
said  Eighteenth  street. 

If  4.  Fare— passenger  transportation  only.]  § 4.  The  rate 
of  fare  on  the  cars  operated  on  the  tracks  hereby  authorized,  and  the 
lines  connecting  therewith,  shall  not  exceed  five  cents  for  each  passen- 
ger for  any  continuous  passage  of  one  trip  on  the  same  car,  except 
where  cars  may  be  chartered  for  some  specific  purpose;  and  the  cars 
shall  be  used  for  the  transportation  of  passengers  and  their  ordinary 
baggage  only. 

If  5.  Forfeiture.]  § 5.  If  the  said  company  fails  to  complete 
the  railways  hereby  authorized,  at  the  time  mentioned  and  provided, 
and  according  to  the  conditions  prescribed  herein,  the  rights  and  priv- 


1370 


STREET  RAILWAYS. 


[§  § 59°,  591 


ileges  granted  by  virtue  hereof,  may  be  declared  null  and  void;  Pro- 
vided, that  if  said  company  is  delayed  by  the  writ  or  order  of  any  court, 
the  time  of  such  delay  shall  be  excluded  from  the  time  above  pre- 
scribed for  completing  the  same. 

Tf  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  acceptance  by  said  company. 

§ 590.  Chicago  West  Division  Railway  company. 

An  ordinance  granting  authority  to  the  North  Chicago  City  Railway  company 
and  the  Chicago  West  Division  Railway  company  to  make  connections  be- 
tween their  lines  on  North  Halsted  street  bridge.  (Passed  March  i,  1886.) 

§ 591.  Chicago  West  Division  Railway  company. 

‘TT  1.  Grant  extended,  Lake  street,  etc. 

1]  2.  Tracks,  cars,  etc. — passenger  transportation  only, 
nr  3.  Street  improvements,  repairs,  etc. 
it  4.  Fare — running  time,  etc. 
nr  5.  License  fee  for  cars. 

*jr  6.  Time  for  construction  limited. 

- nt  7.  Tracks,  etc. 

nt  8.  When  in  force. 

An  ordinance  authorizing  the  Chicago  West  Division  Railway  company  to  con- 
struct and  operate  railway  tracks  on  Lake  street  from  Homan  to  Crawford 
avenues.  (Passed  July  15,  1886.) 

f 1.  Grant  extended— Lake  street,  etc.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  in  consideration 

of  the  acceptance  hereof  and  the  undertaking  of  the  Chicago  West 
Division  Railway  Company  to  comply  with  the  provisions  herein  con- 
tained, consent  and  authority  are  hereby  given  to  said  railway  com- 
pany, its  successors  and  assigns,  to  construct,  maintain  and  operate, 
for  a period  of  twenty  years  from  and  after  the  passage  hereof,  sub- 
ject to  the  conditions  and  restrictions  herein  contained,  a double-track 
railway,  with  all  the  necessary  curves,  side-tracks  and  switches,  from 
and  connecting  with  the  tracks  of  said  company  now  laid  on  said  Lake 
street,  at  Homan  avenue,  in,  on  and  along  said  Lake  street,  westerly 
to  Crawford  avenue,  and  also  tracks  connecting  said  tracks  hereby 
authorized  with  the  car  houses  and  stables  of  said  company,  now  con- 
structed or  hereafter  to  be  constructed,  on  lots  1 and  2 of  the  Superior 
Court  partition  of  the  southwest  quarter  of  section  eleven,  of  township 
number  thirty-nine,  in  said  city. 

IT  2.  Tracks,  cars,  etc. — passenger  transportation  only,]  §2. 

The  tracks  hereby  authorized  shall  be  laid  as  near  the  center  of  said 
Lake  street  as  may  be  practicable;  and  the  cars  to  be  used  shall  be 
equal  to  those  now  in  use  by  said  company,  and  shall  be  used  for  no 
other  purpose  than  the  transportation  of  passengers  and  their  ordinary 
luggage,  and  shall  be  operated  by  animal  power  only. 

If  3.  StreetTmprovements,  repairs,  etc.]  § 3.  Said  railway 


§ 591]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1371 

company,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  said  Lake  street,  or  parts  thereof,  where  it  shall  have  con- 
structed its  said  tracks,  hereby  authorized,  shall  keep  sixteen  feet  in 
width,  which  shall  include  its  said  tracks,  in  good  repair  and  condition 
during  all  the  time  to  which  the  privileges  hereby  granted  shall  ex- 
tend, in  accordance  with  whatever  order  or  regulation,  respecting 
the  ordinary  repairs  thereof,  may  be  passed  or  adopted  by  the  city 
council;  and  when  any  new  improvements  of  like  character  shall  be 
ordered  by  the  city  council  thereon,  said  company  shall  make  such 
new  improvements  for  the  said  sixteen  feet,  with  like  materials  and  in 
like  manner,  and  at  the  same  time,  as  required  as  to  the  rest  of  such 
part,  or  parts,  of  said  Lake  street,  now  embraced  in  the  sixteen  feet 
(except  that  it  may  use  stone,  as  now  authorized,  or  such  other  mate- 
rials as  may  be  hereafter  authorized  by  the  city  council  of  said  city, 
for  the  space  between  the  rails  of  said  tracks),  and  if  said  company 
shall  fail  to  do  so,  then  the  city  may  make  such  improvement  for  said 
sixteen  feet  and  collect  the  costs  thereof  from  said  company;  and  as 
respects  the  crossing  of  the  said  tracks  hereby  authorized  over  a 
bridge,  or  viaduct,  or  approaches  thereto,  and  the  construction,  im- 
provement or  repairs  of  the  same,  said  company  shall  only  be  required 
to  plank  or  pave  and  keep  in  repair  the  space  occupied  by  its  tracks, 
the  planking  or  paving  to  be  done  in  the  manner  to  be  agreed  upon 
between  said  company  and  the  commissioner  of  public  works. 

If  4.  Fare,  running  time,  etc.]  § 4.  The  rate  of  fare  shall 
not  exceed  five  cents  for  each  passenger  for  any  continuous  passage 
on  the  entire  Lake  street  line,  except  where  cars  may  be  chartered 
for  some  specified  purpose.  All  cars  run  on  said  Lake  street  line  to 
Homan  avenue  shall,  when  the  line  hereby  authorized  is  completed, 
be  run  to  Crawford  avenue  every  twelve  minutes  or  less. 

1"  5,  License  fee  for  cars.]  § 5.  Said  railway  company,  re- 
specting the  license  fees  which  may  be  imposed  on  said  company,  or 
on  the  cars  operated  on  the  tracks  hereby  authorized,,  shall  be  subject 
to  the  provisions  of  section  one  of  an  ordinance  entitled  “An  ordinance 
concerning  street  railways  in  the  city  of  Chicago,”  passed  July  30th, 
1883,  and  approved  by  the  mayor  August  6th,  1883. 

If  6.  Time  for  construction  limited.]  § 6.  The  said  tracks 
hereby  authorized  on  Lake  street  shall  be  completed  on  or  before  the 
first  day  of  October,  1886.  Provided,  however,  if  said  company  shall 
be  delayed  by  the  writ  or  order  of  any  court,  in  the  construction  there- 
of, then  suitable  time  equal  to  the  time  of  such  delay  shall  be  added 
to  the  time  herein  prescribed  for  the  completion  of  said  tracks. 

If  7.  Tracks,  etc.]  § 7.  The  tracks  hereby  authorized  shall 
be  laid  with  modern  improved  rails  to  be  approved  by  the  commis- 
sioner of  public  works,  and  shall  not  be  laid  above  the  surface  of  the 
street,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  at  any  and  all  points  and  in  any  and  all  directions. 


1372 


STREET  RAILWAYS. 


8.  When  in  force.]  § 8.  This  ordinance  shall  take  effect 
upon  said  company  filing  its  acceptance  of  the  same  with  the  city 
clerk ; Provided,  such  acceptance  shall  be  filed  within  thirty  days  from 
the  passage  hereof,  otherwise  this  ordinance  to  be  void  and  of  no 
effect. 

§ 592.  Chicago  West  Division  Railway  company. 

If  1.  Other  than  animal  power  authorized. 

1[  2.  Cable  road  may  be  put  in  and  operated. 

3.  Tracks,  how  constructed. 

\ 4.  Speed  may  be  regulated. 

\ 5.  License  fee  for  cars. 

\ 6.  Tracks,  when  to  be  removed. 

T[  7.  Bond,  to  perform. 

]f  8.  Indemnity  required. 

y 9.  Prior  ordinances  to  control — when. 

10.  Subject  to  general  ordinances. 

*||  11.  Car  heating,  etc. 

^ 12.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  Chicago  West  Division  Railway  com- 
pany to  operate  by  electric  or  cable  power.  (Passed  March  30,  1888.  Ac- 
cepted April  21,  1888.) 

Tf  1.  Other  than  animal  power  authorized.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  in 

consideration  of  the  acceptance  hereof,  and  the  undertaking  of  the 
Chicago  West  Division  Railway  Company,  its  lessees  and  assigns,  to 
comply  with  the  provisions  herein  contained,  permission  and  author- 
ity is  hereby  given  to  said  company,  its  lessees  or  assigns,  to  construct, 
maintain  and  operate  its  various  lines  of  railways,  or  any  bf  them,  or 
any  part  thereof,  by  electric  power  or  by  stationary  engines  not  located 
on  the  public  streets  or  public  places  on  the  streets,  and  propelled  by 
other  than  animal  power,  and  to  connect  its  tracks  with  other  street 
railroads.  Nothing  in  this  section  or  ordinance  contained  shall  au- 
thorize the  Chicago  West  Division  Railway  Company,  its  lessees  or 
assigns,  to  construct  any  electric  or  cable  system  upon  any  street  or 
streets  that  the  city  council  of  the  city  of  Chicago  has  not  authorized 
to  be  used  by  said  Chicago  West  Division  Railway  Company,  for 
street  railway  purposes,  and  not  lost  by  nonuser  or  forfeiture. 

*[[  2.  Cable  road  may  be  put  in  and  operated.]  § 2.  That 
the  said  Chicago  West  Division  Railway  Company,  its  lessees  or  as- 
signs, may  for  the  purpose  of  a cable  road,  make  all  needful  and  con- 
venient trenches,  excavations  and  sewer  connections,  and  may  place 
all  needful  and  convenient  cables  and  machinery  on  any  streets  upon 
which  its  railways  are  now  constructed  or  authorized  by  ordinance  to 
be  constructed;  such  cables  and  machinery  shall  be  underground,  and 
constructed  in  a substantial  and  workmanlike  manner,  of  the  most 
approved  method  and  convenience  so  as  not  to  interfere  with  public 
travel.  Provided,  that  if  in  constructing  said  trenches  and  excava- 
tions or  using  the  same  any  damage  or  injury  shall  result  to  any  of 


§ 592]  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY.  1373 

the  sewers,  water  pipes,  or  private  drains,  then  the  said  company  shall 
be  held  liable  therefor;  and  if  at  any  time,  by  reason  of  the  permission 
hereby  granted  and  the  making  of  said  trenches,  or  running  said 
cables,  any  injury  or  damage  shall  result  to  any  person  or  property, 
then  said  company  shall  be  held  liable  therefor;  and  said  company 
shall  pay  all  damages  to  owners  of  property  abutting  upon  roads, 
streets,  highways  or  public  property  upon  or  over  which  its  said  road 
is  to  be  constructed  and  operated,  which  said  owners  may  sustain  by 
reason  of  the  location,  construction  or  operation  of  said  company's 
roads.  All  needful  and  convenient  connections  with  the  motive  power 
or  engines  shall  be  subject  to  the  same  conditions  and  restrictions; 
provided,  further,  that  the  aperture  opening  into  said  trenches  shall 
not  exceed  five-eighths  of  an  inch  in  width;  and,  provided,  further, 
that  said  company  may  operate  not  to  exceed  two  cars  and  one  grap- 
pling car  attached  together,  with  one  driver  in  charge  of  the  grip  car 
and  one  conductor  in  charge  of  each  additional  car. 

If  3.  Tracks — how  constructed.]  §3.  The  tracks  of  said  rail- 
way shall  not  be  elevated  in  said  streets  above  the  surface  of  the 
streets  and  shall  be  laid  with  modern  improved  rails  in  such  manner 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  the 
same  at  all  points  and  in  all  directions  without  obstruction.  The  rails 
to  be  used  in  the  construction  of  said  tracks  shall  be  satisfactory  to 
the  mayor  and  commissioner  of  public  works.  Each  of  said  tracks 
shall  be  laid  as  near  the  center  of  said  street  as  practicable,  and  shall 
not  be  laid  within  twelve  (12)  feet  of  the  sidewalk  in  any  place,  ex- 
cept in  turning  street  corners  or  constructing  curves,  and  there  no 
nearer  than  may  be  required  to  make  the  necessary  curve;  and  the 
cars  to  be  constructed  with  all  the  latest  improvements  for  the  com- 
fort and  convenience  of  passengers,  and  shall  be  used  for  no  other  pur- 
pose than  for  the  transportation  of  passengers.  Animal  power  may 
be  used  to  move  the  cars. 

1 4.  Speed  may  be  regulated.]  § 4.  The  city  council  shall 
have  power  at  all  times  to  make  such  regulations  as  to  the  rate  of 
speed  on  said  streets,  as  the  public  safety  and  convenience  may  re- 
quire. 

T 5.  License  fee  for  cars.]  § 5.  The  said  Chicago  West  Di- 
vision Railway  Company  shall  pay  into  the  city  treasury  of  said  city, 
the  sum  of  fifty  ($50)  dollars  as  a license  fee  for  each  and  every  car  used 
by  said  company  on  the  railways  hereby  authorized,  which  has  not 
been  included  for  license  fees  for  use  on  other  lines.  The  number  of 
cars  upon  which  license  shall  be  imposed  shall  be  determined,  and 
the  license  fee  paid  in  the  same  manner  as  provided  in  an  ordinance 
entitled  “An  ordinance  concerning  street  railways  in  the  city  of  Chi- 
cago,” passed  July  30th,  1883,  and  approved  by  the  mayor,  August 
6th,  r883. 

«[[  6.  Tracks,  when  to  be  removed.]  § 6.  When  the  right  of 


1374 


STREET  RAILWAYS. 


[§  592 


said  company  to  operate  its  said  railway  upon  said  streets  shall  cease, 
said  company  shall  remove  its  tracks  from  the  same  and  place  the 
same  in  as  good  condition  as  when  said  tracks  were  laid. 

IT  7.  Bond  to  perform.]  § 7.  The  Chicago  West  Division 
Railway  Company  shall  enter  into  a good  and  sufficient  bond  with  the 
city  of  Chicago  in  the  penal  sum  of  one  hundred  thousand  dollars 
($100,000),  for  the  faithful  performance  of  all  the  terms  and  conditions 
in  this  ordinance  contained. 

t 8.  Indemnity  required.]  § 8.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees;  and  costs  and  ex- 
penses of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or 
obtained  against  said  city,  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from  the  passage  of  this  ordinance,  or  any  matter  or  thing  connected 
therewith,  or  with  the  exercise  by  said  company  of  the  privileges  here- 
by granted,  or  from  any  acts  of  said  company,  its  servants  or  agents, 
under  or  by  virtue  of  the  provisions  of  this  ordinance. 

1 9.  Prior  ordinances  to  control,  when.]  § 9.  This  permis- 
sion and  authority  hereby  conferred,  are  given  upon  the  express  un- 
derstanding and  agreement  that  the  provisions  of  this  ordinance  shall 
and  does  not  extend  the  time  during  which  the  said  Chicago  West 
Division  Railway  Company  may  operate  its  lines  upon  the  streets  of 
Chicago.  The  said  privileges  are  to  be  governed  in  this  respect  by 
ordinances  heretofore  passed. 

T 10.  Subject  to  general  ordinances.]  § 10.  Unless  other- 
wise provided  in  this  ordinance,  the  privileges  hereby  granted  are 
subject  to  all  the  general  ordinances  of  the  city  of  Chicago,  now  in 
force,  or  which  may  be  passed  in  reference  to  street  railways. 

Tf  11.  Car  heating,  etc.]  § 11.  The  said  company  shall  also 
provide  upon  all  lines  operated  under  this  ordinance,  cars  of  the  most 
modern,  approved  fashion,  of  a kind  equal  to  the  best  cars  in  use  upon 
any  cable  road  now  in  operation,  and  said  company  shall  provide  the 
best  and  most  approved  method  for  heating  said  cars,  so  that  the 
same  shall  be  kept  properly  heated  at  all  times  during  cold  weather. 

f 12.  When  to  take  effect.]  § 12.  This  ordinance  shall  take 
effect  and  be  in  force  as  soon  as  the  same  shall  have  been  duly  ac- 
cepted by  said  company,  and  the  said  company  shall  have  executed 
and  filed  with  the  city  clerk,  the  bond  provided  for  herein  in  the 
manner  and  form  as  hereinbefore  required;  Provided,  however,  that 
unless  this  ordinance  shall  be  duly  accepted  and  said  bond  executed 
and  filed  within  thirty  (30)  days  of  the  passage  hereof,  this  ordinance 
shall  be  null  and  void. 


§ 593] 


CHICAGO  WEST  DIVISION  RAILWAY  COMPANY. 


1375 


§ 593.  Chicago  West  Division  Railway  company. 

][  1.  Changes  on  West  Twelfth  street  and  Ogden  avenue  authorized. 

2.  Change  to  be  for  establishment  of  boulevard. 

3.  Tracks  to  be  relaid — how. 

4.  Ordinances  not  to  be  affected. 

*jf  5.  Repeal. 

6.  When  in  force. 

An  ordinance  permitting  and  requiring  the  Chicago  West  Division  Railway  com- 
pany to  replace  its  tracks  from  the  center  to  sides  of  West  Twelfth  street 
and  Ogden  avenue  between  certain  points.  (Passed  September  3,  1888.) 

% 1.  Changes  on  West  12th  street  and  Ogden  avenue  au- 
thorized.] Be  it  ordained  by  the  city  council  of  the  city  of  Chicago  : 
§ 1.  That  the  Chicago  West  Division  Railway  Company,  be  and  is 
hereby  permitted  and  required  to  take  up  and  remove  its  street  rail- 
way tracks  from  the  center  seventy  feet  of  Twelfth  street,  from  the 
west  line  of  Ashland  avenue  to  the  intersection  of  Ogden  avenue,  and 
from  the  center  seventy  feet  of  Ogden  avenue,  from  the  intersection  of 
Twelfth  street  with  Ogden  avenue  to  the  east  line  of  Douglas  park 
in  the  city  of  Chicago  and  state  of  Illinois,  and  to  replace  said  tracks, 
one  on  each  side  of  said  center  seventy  feet,  and  as  near  thereto  as 
may  be  practicable. 

1"  2.  Change  to  he  for  establishment  of  boulevard.]  § 2. 

The  West  Chicago  park  commissioners  having  been  granted  by  the 
city  of  Chicago,  and  having  assumed  control  of  the  center  seventy  feet 
of  the  portions  of  said  streets  above  described)  for  boulevard  purposes, 
and  being  about  to  improve  the  center  seventy  feet  of  the  above  de- 
scribed portions  of  said  streets  as  a boulevard,  by  virtue  of  the  powers 
vested  in  them  by  law,  the  sole  purpose  and  design  of  this  ordinance 
is  to  permit  and  effect  the  removal  of  the  said  street  railway  tracks 
now  located  in  and  upon  the  said  center  seventy  feet  of  the  portions 
of  said  streets  above  described,  and  to  locate  and  place  said  street  rail- 
way tracks,,  one  on  either  side  of  said  center  seventy  feet,  upon  the 
forty  foot  street  controlled  by  the  city  on  each  side  of  said  boulevard, 
and  as  near  to  said  boulevard  as  may  be  practical. 

1 3,  Tracks  to  be  relaid,  how.]  § 3.  The  said  Chicago 
West  Division  Railway  Company  shall  as  soon  as  practical  after  the 
said  forty  foot  streets  or  driveways  on  either  side  of  said1  boulevard 
shall  have  been  filled  to  grade,  remove  the  said  tracks  from  the  center 
seventy  feet  of  the  above  described  portions  of  said  streets,  and1  lay 
said  tracks  one  on  each  side  of  said  center  seventy  feet  andl  as  near 
thereto  as  practical  at  its  own  expense. 

1 4.  Ordinances  not  to  be  affected.]  § 4.  The  change  of  said 
tracks  from  the  center  seventy  feet  of  said  above  described  portions 
of  said  streets  to  the  sides  thereof  shall  in  no  manner  change  or  affect 
the  provisions  of  existing  ordinances  granting  to  said  Chicago  West 
Division  Railway  Company  privileges  and  franchises  for  laying  and 
using  street  railway  tracks  upon  said  above  described  portions  of  said 


1376 


STREET  RAILWAYS. 


[§  594 


street,  nor  any  of  the  provisions  regarding  the  paving  and  maintenance 
of  the  portion  of  said  streets  occupied  by  said  railway  tracks,  except 
simply  to  change  the  location  of  the  same  as  herein  provided. 

If  5.  Repeal.]  § 5.  Such  parts  of  all  ordinances  as  may  be  in 
conflict  with  this  ordinance  'as  to  the  location  of  the  said  street  railway 
tracks  upon  the  portions  of  said  streets  above  described,  are  hereby 
repealed,  but  it  is  hereby  expressly  provided  that  none  of  said  ordi- 
nances are  hereby  repealed  in  any  other  respect,  provision  or  condi- 
tion. ♦ 

IT  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 594.  Chicago  West  Division  Railway  company. 

Tf  1.  Paving  to  be  with  cedar  block. 

2.  When  in  force. 

An  ordinance  compelling  the  Chicago  West  Division  Railway  company  to  pave 
space  between  its  tracks  on  west  Twelfth  street  and  on  Ogden  avenue  be- 
tween certain  points.  (Passed  July  25,  1889.) 

T 1.  Paving  to  be  with  cedar  blocks.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  the  ordinance  grant- 

ing permission  to  the  West  Division  Horse  Railroad  Company,  or  its 
lessees  or  assigns,  to  lay  down  railroad  tracks  on  West  12th  street, 
from  Ashland  avenue  to  Ogden  avenue,  and  on  Ogden  avenue  from 
1 2th  street  to  California  avenue,  be  so  amended  as  to  compel  said 
company  to  pave  the  space  between  said  tracks  with  cedar  blocks. 

1“  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CHAPTER  XV.— STREET  RAILWAYS— Continued. 


§ 595.  Cicero  & Proviso  Street  Railway  company. 

| 596.  Cicero  & Proviso  Street  Railway  company. 

§ 597.  Cicero  & Proviso  Street  Railway  company. 

§ 598.  Cicero  & Proviso  Street  Railway  company. 

§ 599.  Englewood  & Chicago  Electric  Street  Railway  company. 
§ 600.  Englewood  & Chicago  Electric  Street  Railway  company. 
§ 601.  Englewood  & Chicago  Electric  Street  Railway  company. 
§ 602.  General  Electric  Railway  company. 

§ 603.  General  Electric  Railway  company. 

§ 604.  General  Electric  Railway  company. 

§ 605.  General  Electric  Railway  company. 

§ 606.  Metropolitan  City  Railway  company. 

| 607.  North  Chicago  City  Railway  company. 

§ 608.  North  Chicago  City  Railway  company. 

§ 609.  North  Chicago  City  Railway  company. 

§ 610.  North  Chicago  City  Railway  company. 

§ 61 1.  North  Chicago  City  Railway  company. 

§ 612.  North  Chicago  City  Railway  company. 

§ 613.  North  Chicago  City  Railway  company. 

§ 614.  North  Chicago  City  Railway  company. 

§ 615.  North  Chicago  City  Railway  company  (amendment). 
§616.  North  Chicago  City  Railway  company. 

§617.  North  Chicago  City  Railway  company. 

$ 618.  North  Chicago  City  Railway  company. 

§ 619.  North  Chicago  City  Railway  company. 

§ 620.  North  Chicago  City  Railway  company. 

§ 621.  North  Chicago  City  Railway  company. 

§ 622.  North  Chicago  City  Railway  company. 

§ 623.  North  Chicago  City  Railway  company. 

§ 624.  North  Chicago  City  Railway  company. 

§ 625.  North  Chicago  City  Railway  company. 

§ 626.  North  Chicago  City  Railway  company. 

§ 627.  North  Chicago  City  Railway  company. 

§ 628.  North  Chicago  City  Railway  company. 

§ 629.  North  Chicago  City  Railway  company. 

§ 630.  North  Chicago  City  Railway  company. 

§ 631.  North  Chicago  City  Railway  company. 

§ 632.  North  Chicago  City  Railway  company. 

§ 633.  North  Chicago  City  Railway  company. 

§ 634.  North  Chicago  City  Railway  company. 

§ 635.  North  Chicago  City  Railway  company. 

§ 636.  North  Chicago  City  Railway  company. 

§ 637.  North  Chicago  City  Railway  company. 

§ 638.  North  Chicago  City  Railway  company. 

§ 639.  North  Chicago  Electric  Railway  company. 

§ 640.  North  Chicago  Electric  Railway  company. 

§ 641.  North  Chicago  Street  Railroad  company. 

§ 641a.  North  Chicago  Street  Railroad  company. 

§ 641b.  North  Chicago  Street  Railroad  company. 

§ 641c.  North  Chicago  Street  Railroad  company. 

| 642.  North  Chicago  Street  Railroad  company. 

§ 643.  North  Chicago  Street  Railroad  company. 

§ 644.  North  Chicago  Street  Railroad  company. 

§ 645.  North  Chicago  Street  Railroad  company. 

1377 


87 


1378 


STREET  RAILWAYS. 


[§  595 


§ 646.  North  Chicago  Street  Railroad  company. 
| 647.  North  Chicago  Street  Railroad  company. 
§ 648.  North  Chicago  Street  Railroad  company. 
§ 649.  North  Chicago  Street  Railroad  company. 
| 650.  North  Chicago  Street  Railroad  company. 
§651.  North  Chicago  Street  Railroad  company. 
§652.  North  Chicago  Street  Railroad  company. 
§ 652a.  North  Chicago  Street  Railroad  company. 
§ 652b.  North  Chicago  Street  Railroad  company. 
§ 653.  North  Chicago  Street  Railroad  company. 
§ 654.  North  Chicago  Street  Railroad  company. 
§ 655.  North  Chicago  Street  Railroad  company. 
§ 656.  North  Chicago  Street  Railroad  company. 
§ 657.  North  Chicago  Street  Railroad  company. 
§ 658.  North  Chicago  Street  Railroad  company. 
| 659.  North  Chicago  Street  Railroad  company. 
§ 660.  North  Chicago  Street  Railroad  company. 
§ 661.  Northern  Electric  Railway  company. 

§ 662.  North  Side  Electric  Street  railroad. 

§ 663.  North  Side  Electric  Street  railroad. 


CICERO  AND  PROVISO  STREET  RAILWAY  COMPANY. 

§ 595-  Cicero  and  Proviso  Street  Railway  company. 

1.  Grant — term — route. 

T[  2.  Completion. 

^f  3.  Running  time. 

][  4.  Tracks — how  laid. 

f 5.  Improvement  and  repair  of  streets. 

if  6.  Motive  power  optional. 

if  7.  Rate  of  fare. 

if  8.  Damages. 

il  9.  Culverts. 

if  10.  Powers  reserved. 

il  11.  Bond. 

if  12.  When  in  force — acceptance. 

An  ordinance  granting  certain  rights  and  privileges  to  the  Cicero  and  Proviso 
Street  Railway  company.  (Passed  April  27,  1889.) 

IF  1.  Grant  — term  — route.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Cicero:  § 1.  That,  in  consideration  of  the 

acceptance  hereof  and  the  undertaking  by  the  Cicero  & Proviso  Street 
Railway  Company  to  comply  with  the  provisions  of  this  ordinance, 
authority  and  consent  are  hereby  granted  unto  said  company,  its  suc- 
cessors and  assigns,  to  construct,  lay  down,  operate  and  maintain  a 
single  track  street  railway,  with  all  necessary  side  tracks,  turn-outs 
and  switches,  for  the  term  of  twenty  years  from  the  passage  hereof, 
upon  and  along  the  street  hereinafter  mentioned. 

Commencing  on  Hyman  avenue  or  West  Forty-eight  street,  at 


595]  CICERO  AND  PROVISO  STREET  RAILWAY  COMPANY. 


1379 


the  center  of  Twelfth  street;  thence  north  on  H man  avenue  or 
West  Forty-eight  street  to  the  center  of  Chicago  avenue. 

1 2.  Time  of  completion.]  § 2.  Said  track  shall  be  laid  on 
said  Hyman  avenue  or  West  Forty-eight  street,  for  the  whole  length 
of  the  line,  within  thirty-six  (36)  months  from  the  time  of  the  ac- 
ceptance of  this  ordinance  provided  that  should  the  construction  of 
said  railroad  be  delayed  by  any  injunction  of  any  court  or  by  or  in  con- 
sequence of  any  strike  or  riot  of  laborers,  the  time  lost  by  such  delay 
shall  be  added  to  the  time  herein  specified  within  which  the  same 
shall  be  constructed. 

If  3.  Running  time.]  § 3.  Immediately  upon  the  laying  of 
tracks  as  provided  in  section  2,  passenger  cars  shall  be  run  upon  said 
street  for  the  accommodation  of  the  public,  and  shall  make  the 
minimum  number  of  six  (6)  trips  the  entire  length  of  the  line  each 
way,  daily,  unless  prevented  by  strikes  or  riots. 

If  4.  Tracks,  how  laid.]  § 4.  The  track  or  tracks  of  said 
railway  shall  not  at  any  time  be  elevated  above  the  surface  of  the 
street.  The  top  of  rails  not  to  be  above  the  grade  of  the  street  as 
is  or  may  be  established,  and  shall  be  laid  with  modern  improved 
rails,  and  so  laid  that  carriages  and  other  vehicles  can  easily  and 
freely  cross  said  track  or  tracks  at  any  and  all  points  without  ob- 
struction; said  railway  tracks  to  occupy  eight  (8)  feet  west  of  the 
center  of  said  street,  the  outside  rail  thereof  shall  be  eight  (8)  feet 
from  the  center  line  of  the  street. 

If  5.  Improvement  and  repair  of  streets.]  § 5.  Said  rail- 
way company  when  laying  its  track,  shall  grade  and  macadamize  nine 
(9)  feet  of  the  street,  and  shall  hereafter  keep  the  same  in  such  man- 
ner as  may  be  ordered  by  the  said  board  of  trustees  ; provided,  that 
if  the  said  board  of  trustees  shall  order  the  foregoing  street  improved 
by  paving  before  said  company  shall  have  laid  its  tracks,  it  shall 
proceed  immediately  to  lay  its  tracks  on  such  portions  so  to  be  im- 
proved, and  shall  pave  the  nine  (9)  feet  from  the  center  line  thereof, 
to  conform  to  'the  paving  so  by  the  board  of  trustees  ordered. 

Tf  6.  Motive  power  optional.]  § 6.  Such  railway  may  be 
operated  by  horse  power,  by  electric  or  chemical  motors,  by  com- 
pressed air  or  by  cables  moved  by  stationary  engine  or  engines,  not 
located  upon  the  streets  or  public  places  of  the  town,  or  by  such  other 
motive  power  (except  steam  locomotives)  as  may  be  approved  by 
said  board  of  trustees. 

% 7.  Rate  of  fare.]  § 7.  The  rate  of  fare  for  each  passenger 
shall  not  exceed  the  sum  of  five  (5)  cents  for  any  continuous  travel  of 
one  trip;  provided,  that  children  under  five  (5)  years  of  age,  accom- 
panied by  an  adult  person  shall  ride  free  of  charge. 

% 8.  Damages.]  § 8.  The  said  Cicero  & Proviso  Street  Rail- 
way Company  shall  pay  all  damages  to  the  owners  of  the  property 


1380 


STREET  RAILWAYS. 


[§  596 


abutting  on  said  part  of  street  upon  or  over  which  its  road  may  be 
constructed,  which  said  owners  may  sustain  by  reason  of  the  con- 
struction! or  location  of  the  said  road,  and  shall  hold  and  save  harm- 
less the  said  town  from  any  and  all  costs,  charges,  expenses  and  dam- 
ages resulting  from  its  negligence,  or  the  negligence  of  its  servants, 
in  exercising  or  attempting  to  exercise  any  rights  under  this  ordinanace 
given,  and  from  all  damages  that  shall  arise  to  owners  of  property  by 
reason  of  the  passage  of  this  ordinance,  holding  and  keeping  the  said 
town  as  good  financially  as  if  this  ordinance  had  never  been  passed. 

1 9.  Culverts.]  § 9.  The  said  company  shall  whenever  or- 
dered by  the  said  board  of  trustees,  build  at  its  own  expense,  under 
its  tracks,  such  culverts  as  the  board  may  order,  provided  this  section 
shall  not  be  held  to  obligate  said  company  to  build  any  sewer  or 
sewers  under  or  alongside  its  tracks. 

If  10.  Powers  reserved.]  § 10.  The  said  Cicero  & Proviso 
Street  Railway  Company,  shall  do  the  work  of  laying  its  tracks, 
grading  and  paving  the  part  of  said  street  hereinbefore  provided  for, 
and  building  any  required  culverts,  under  the  direction  of  and  in  the 
manner  approved  by  the  said  board  of  trustees. 

! 11.  Bond.]  § 11.  The  said  railway  company  shall,  before 
commencing  any  work  upon  the  streets  under  this  ordinance  file  with 
the  town  clerk,  its  bond  in  the  penal  sum  of  fifteen  thousand  ($15,000) 
dollars,  with  sureties  approved  by  the  board,  conditioned  that  it  will 
hold  the  said  town  harmless  on  account  of  any  injury  or  injuries  oc- 
curing  to  any  one  during  the  construction  of  said  tracks  or  culverts, 
or  on  account  of  the  acts  or  negligence  of  the  said  company  under 
this  ordinance. 

If  12.  When  in  force — acceptance.]  § 12.  This  ordinance 

shall  take  effect  and  be  in  force  from  and  after  its  passage;  provided 
that  if  the  Cicero  & Proviso  Street  Railway  Company  shall  not  file 
with  the  town  clerk  of  said  town,  within  thirty  (30)  days  from,  the 
passage  of  this  ordinance,  its  written  acceptance  thereof,  together 
with  its  bond  in  the  penal  sum  of  five  thousand  ($5,000)  dollars,  with 
two  or  more  sureties  to  be  approved:  by  the  said  board  of  trustees 
conditioned  that  the  said  company  shall  hold  the  said  town  harm- 
less on  account  of  any  claims  for  damages  arising  from1  the  passage  of 
this  ordinance,  as  well  as  from  the  construction,  maintaining  and 
operating  of  its  said  road,  then  this  ordinance  shall  be  void  and  oi 
no  effect. 

§ 596.  Cicero  and  Proviso  Street  Railway  company. 

T1  1.  Grant— term — route, 
if  2.  Time  of  completion, 
if  3.  Running  time, 
if  4.  Tracks — how  laid, 
if  5.  Improvement  of  streets, 
if  6.  Motive  power. 


§ 59*>]  CICERO  AND  PROVISO  STREET  RAILWAY  COMPANY.  1381 

f[  7.  Rate  of  fare. 

][  S.  Damages. 

*1 ] 9.  Culverts. 

10.  Powers  reserved. 

f 11.  Bond. 

% 12.  When  in  force — acceptance. 

An  ordinance  granting  certain  rights  and  privileges  to  the  Cicero  & Proviso 
Street  Railway  company.  (Passed  April  27,  1889.) 

If  1.  Grant— term — route.]  Be  it  ordiained  by  the  board  of 

trustees  of  the  town  of  Cicero:  § i.  That,  in  consideration  of  the 

acceptance  hereof,  and  the  undertaking  by  the  Cicero  & Proviso 
Street  Railway  Company  to  comply  with  the  provisions  of  this  ordi- 
nance, authority  and  consent  are  hereby  granted  unto  said  company, 
its  successors  and  assigns,  to  construct,  lay  down,  operate  and  main- 
tain a single  or  double  track  street  railway,  with  all  necessary  side 
tracks,  turnouts  and  switches;  Provided,  that  where  a double  track  is 
laid,  there  shall  be  no  side  tracks,  turnouts  or  switches  outside  the 
double  track,  for  the  term  of  twenty  (20)  years  from  the  passage  here- 
of, upon  and  along  the  several  streets  hereinafter  mentioned. 

Commencing  on  Twelfth  street  at  the  center  of  Crawford  avenue, 
or  West  Fortieth  street,  and  running  thence  west  to  Harlem  avenue. 

Commencing  on  Madison  street,  at  the  center  of  Crawford  avenue, 
or  West  Fortieth  street,  and  running  thence  west  to  Harlem  avenue. 

Commencing  on  Lake  street  at  the  center  of  Crawford  avenue, 
or  West  Fortieth  street,  and  running  thence  west  to  Harlem,  avenue. 

Commencing  on  Chicago  avenue  at  the  center  of  Crawford1  ave- 
nue, or  West  Fortieth  street,  and  running  thence  west  to  Harlem 
avenue. 

If  2.  Time  of  completion.]  § 2.  At  least  one  (1)  track  shall 
be  laid  on  Madison  street  and  Lake  street  from  Crawford  avenue  to 
Harlem  avenue,  within  eighteen  (18)  months,  and  on  Twelfth  street 
and  Chicago  avenue  (for  the  same  distances  in  each  case),  within 
thirty-six  (36)  and  thirty  (30)  months  respectively  from  the  time  of 
the  acceptance  of  this  ordinance;  Provided,  that  should1  the  con- 
struction of  either  of  said  lines  be  delayed1  by  injunction  of  any  court 
or  by  or  in  consequence  of  any  strike  or  riot  of  laborers  the  time  lost 
by  such  delay  shall  be  added  to  the  time  herein  specified  within  which 
the  same  shall  be  constructed.  No  failure  of  said  company  to  con- 
struct its  line  upon  either  of  said  streets  within  the  time  above  limited 
shall  affect  its  rights  upon  any  other  of  said  streets. 

If  3.  Running  time.]  § 3.  Immediately  upon  the  laying  of 
tracks,  as  provided  in  section  2,  passenger  cars  shall  be  run  upon 
said  streets  for  the  accommodation  of  the  public,  and  shall  make 
the  minimum  number  of  twelve  (12)  upon  Madison  and  Lake  streets 
and  upon  Chicago  avenue  and  Twelfth  street,  six  (6)  trips,  the 
entire  length  of  the  line  each  way,  daily;  except  when  prevented  by 
strikes  or  riots. 


1382 


STREET  RAILWAYS. 


[§  596 


If  4.  Tracks,  how  laid.]  § 4.  The  track  or  tracks  of  said 
railways  shall  not,  at  any  time,  be  elevated  above  the  surface  of  the 
street  or  streets,  and  shall  be  laid  with  modern  improved  rails,  and 
so  laid  that  carriages  and  other  vehicles  can  easily  and  freely  cross 
said  track  or  tracks  at  any  and  all  points  without  obstruction;  said 
railway  tracks  to  occupy  fourteen  (14)  feet  in  the  center  of  the  said 
street,  and  if  only  a single  track  is  laid,  the  outside  rail  thereof  shall 
be  seven  (7)  feet  from  the  center  line  of  the  street,  so  that  when 
double  track  is  put  down,  said  tracks  shall  be  equi  distance  from  the 
center  line. 

Tf  5.  Improvement  of  streets.]  § 5.  Said  railway  company, 
when  laying  its  track,  shall  grade  and  macadamize  sixteen  (16)  feet 
of  the  street  (eight  (8)  feet  each  side  of  the  center  thereof),  and  shall 
thereafter  keep  the  same  in  such  manner  as  may  be  ordered  by  the 
said  board  of  trustees;  Provided  that  if  the  said  board  of  trustees 
shall  order  any  of  the  foregoing  streets  improved  by  paving  before 
the  said  company  shall  have  laid  its  tracks  it  shall  proceed  immedi- 
ately to  lay  its  tracks  on  such  portions  so  ordered  improved,  and 
shall  pave  the  center  sixteen  (16)  feet  thereof;  to  conform  to  the  pav- 
ing so  by  the  board  of  trustees  ordered. 

•[f  6.  Motive  power.]  § 6.  Such  railways,  and  each  of  them, 
may  be  operated  by  horse  power,  by  electric,  chemical  or  com- 
pressed air  motors,  by  cables  moved  by  stationary  engine  or  engines 
not  located  upon  the  street  or  public  places  of  the  town,  or  by  such 
other  motive  power  (except  steam  locomotives)  as  may  be  approved 
by  said  board  of  trustees. 

If  7.  Rate  of  fare.]  § 7.  The  rate  of  fare  for  each  passenger 
shall  not  exceed  the  sum  of  five  (5)  cents  for  any  continuous  travel 
of  one  trip;  Provided  the  children  under  five  (5)  years  of  age,  ac- 
companied by  an  adult  person,  shall  ride  free  of  charge,  and  any 
children  under  seven  (7)  and  over  five  (5)  years  of  age  shall  ride  for 
not  exceeding  three  (3)  cents  for  each  continuous  travel  of  one  trip. 

8.  Damages.]  § 8.  The  said  Cicero  & Proviso  Street  Rail- 
way Company  shall  pay  all  damages  to  the  owners  of  property  abut- 
ting on  the  said  parts  of  streets  upon  or  over  which  its  road  may  be 
constructed,  which  said  owners  may  sustain  by  reason  of  the  con- 
struction or  location  of  the  said  road,  and  shall  hold  and  save  harmless 
the  said  town  from  any  and  all  costs,  charges,  expenses  and  dam- 
ages resulting  from  its  negligence,  or  the  negligence  of  its  servants 
in  exercising,  or  attempting  to  exercise,  any  rights  under  this  ordi- 
nance given,  and  from  all  damages  that  shall  arise  to  owners  of  prop- 
erty by  reason  of  the  passage  of  this  ordinance,  holding  and  keeping 
the  said  town  as  good  financially  as  if  this  ordinance  had  never  been 
passed. 

«[[  9.  Culverts.]  § 9.  The  said  company  shall,  whenever  or- 


§ 597] 


CICERO  AND  PROVISO  STREET  RAILWAY  COMPANY. 


1383 


dered  by  the  said  board  of  trustees,  build  at  its  own  expense,  under 
its  tracks,  such  culverts  as  the  board  may  order. 

1 10.  Powers  reserved,]  § io.  The  said  Cicero  & Proviso 
Street  Railway  Company  shall  do  the  work  of  laying  its.  tracks,  grad- 
ing and  paving  the  part  of  said  streets  hereinbefore  provided  for,  and 
building  any  required  culverts,  under  the  direction  of  and  in  the  man- 
ner provided  by  the  said  board  of  trustees. 

If  11.  Bond.]  § n.  The  said  railway  company  shall  before 
commencing  any  work  upon  the  streets  under  this  ordinance  file  with 
the  town  clerk  its  bond  in  the  penal  sum  of  fifteen  thousand  dollars 
($15,000),  which  sureties  approved  by  the  board  conditioned  that  it 
will  hold  the  said  town  harmless  on  account  of  any  injury  or  injuries 
occurring  to  any  one  during  the  construction  of  such  tracks  or  cul- 
verts on  account  of  the  acts  or  negligence  of  the  said  company  under 
this  ordinance. 

If  12.  When  in  force— acceptance.]  § 12.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage;  Provided, 
that  if  the  Cicero  & Proviso  Street  Railway  Company  shall  not  file  with 
the  town  clerk  of  said  town  within  thirty  (30)  days  from  the  passage 
of  this  ordinance,  its  written  acceptance  thereof,  together  with  its 
bond  in  the  penal  sum  of  ten  thousand  dollars  ($10,000)  with  two  or 
more  sureties  to  be  approved  by  the  said  board  of  trustees;  condi- 
tioned that  the  said  company  shall  hold  the  said  town  harmless  on 
account  of  any  claims  for  damages  arising  from  the  passage  of  this 
ordinance,  as  well  as  from  the  constructing,  maintaining  and  operat- 
ing of  its  said  roads,  then  this  ordinance  shall  be  void  and  of  no  effect. 

§ 597.  Cicero  and  Proviso  Street  Railway  company. 

IT  1.  Grant — term — route. 

IT  2.  Time  of  completion. 

If  3.  Running  time. 

IT  4.  Tracks — how  laid. 

IT  5.  Improvement  and  repair  of  streets. 

IT  6.  Motive  power  optional. 

it  7.  Rate  of  fare. 

it  8.  Damages  to  abutting  owners. 

it  9.  Power  of  council — culverts. 

it  10.  Approval  of  work. 

i 11.  Indemnity  bond. 

it  12.  When  in  force — acceptance. 

An  ordinance  granting  certain  rights  and  privileges  to  the  Cicero  & Proviso 
Street  Railway  company.  (Passed  June  19,  1889.) 

If  1.  Grant — term — route.]  Be  it  ordained  by  the  board  of  trus- 
tees of  the  town  of  Cicero:  § 1.  That  in  consideration  of  the  ac- 

ceptance hereof,  and  the  undertaking  by  the  Cicero  & Proviso  Street 
Railway  Company,  to  comply  with  the  provisions  of  this  ordinance, 
authority  and  consent  are  hereby  granted  unto  said  company,  its  suc- 
cessors and  assigns,  to  construct,  lay  down,  operate  and  maintain  a 


1384 


STREET  RAILWAYS. 


[§  597 


single  or  double  track  street  railway,  with  all  necessary  side  tracks, 
turnouts  and  switches  (provided  that  where  a double  track  is  laid 
there  shall  be  no  side  tracks,  turnouts  or  switches  outside  the  double 
track),  for  the  term  of  twenty  years  from  the  passage  hereof  upon  and 
along  the  several  streets  hereinafter  mentioned.  Commencing  on 
Hyman  avenue  or  West  Forty-eight  (48)  street,  at  the  center  of 
Twelfth  (12  th)  street;  thence  north  on  Hyman  avenue  or  West  Forty- 
eight  (48)  street  to  the  center  of  Chicago  avenue.  Commencing  at 
Richmond  avenue  or  West  Forty-fourth  (44)  street  at  the  center  of 
Twelfth  (12th)  street;  thence  north  on  Richmond  avenue,  or  West 
Forty-fourth  (44)  street,  to  the  center  of  Lake  street. 

f 2.  Time  of  completion.]  § 2.  At  least  one  track  shall  be 
laid  on  said  Richmond  avenue  or  West  Forty-fourth  (44th)  street,  and 
on  said  Hyman  avenue  or  West  Forty-eight  (48)  street  (for  the  whole 
length  of  the  line  in  each  case),  within  thirty-six  (36)  months  from  the 
time  of  the  acceptance  of  this  ordinance;  Provided,  that  should  the 
construction  of  either  of  said  lines  be  delayed  by  any  injunction  of 
any  court,  or  by  or  in  consequence  of  any  strike  or  riot  of  laborers, 
the  time  lost  by  such  delay  shall  be  added  to  the  time  within  specified 
within  which  the  same  shall  be  constructed.  No  failure  of  said  com- 
pany to  construct  its  line  upon  either  of  said  streets  within  the  time 
above  limited  shall  affect  its  rights  upon  the  other  of  said  streets. 

T 3.  Running  time.]  § 3.  Immediately  upon  the  laying  of 
tracks  as  provided  in  section  2,  passenger  cars  shall  be  run  upon  said 
streets  for  the  accommodation  of  the  public  and  shall  make  the  mini- 
mum number  of  six  (6)  trips  the  entire  length  of  the  line  each  way, 
daily,  unless  prevented  by  strikes  or  riots. 

1 4.  Tracks,  how  laid.]  § 4.  The  track  or  tracks  of  said 
railways  shall  not  at  any  time  be  elevated  above  the  surface  of  the 
street  or  streets  and  shall  be  laid  with  modern  improved  rails,  and  so 
laid  that  carriages  and  other  vehicles  can  easily  and  freely  cross  said 
track  or  tracks  at  any  and  all  points  without  obstruction;  said1  rail- 
way tracks  to  occupy  fourteen  (14)  feet  in  the  center  of  said  streets, 
and  if  only  single  track  is  laid,  the  outside  rail  thereof  shall  be  between 
seven  (7)  feet  from  the  center  line  of  the  street,  so  that  when  double 
track  is  put  down  said  tracks  shall  be  equi-distant  from  the  center 
line. 

T 5.  Improvement  and  repair  of  streets.]  § 5.  Said  railway 
company,  when  laying  its  track  shall  grade  and  macadamize  sixteen 
(16)  feet  of  the  street  (eight  feet  each  side  of  the  center  thereof),  and 
shall  thereafter  keep  the  same  in  such  manner  as  may  be  ordered  by 
the  said  board  of  trustees;  Provided,  that  if  the  said  board  of  trus- 
tees shall  order  either  of  the  foregoing  streets  improved  by  paving 
before  said  company  shall  have  laid  its  tracks,  it  shall  proceed  immedi- 
ately to  lay  its  tracks  on  such  portion  so  improved,  as  shall  pave  the 


597]  CICERO  AND  PROVISO  STREET  RAILWAY  COMPANY. 


1885 


center  sixteen  (16)  feet  thereof  to  conform  to  the  paving  so  by  the 
board  of  trustees  ordered. 

! 6.  Motive  power  optional.]  g 6.  Such  railways,  and  each 
of  them  may  be  operated  by  horse  power,  by  electric  or  chemical 
motors,  by  compressed  air  or  by  cables  moved  by  stationary  engine 
or  engines,  not  located  upon  the  streets  or  public  places  of  the  town, 
or  by  such  other  motive  power  (except  steam  locomotives)  as  may  be 
approved  by  said  board  of  trustees. 

T 7.  Rate  of  fare.]  § 7.  The  rate  of  fare  from  each  pas- 
senger shall  not  exceed  the  sum  of  five  (5)  cents  for  any  continuous 
travel  of  one  trip;  Provided,  that  children  under  five  (5)  years  of 
age,  accompanied  by  any  adult  person,  shall  ride  free  of  charge,  and 
any  children  under  seven  (7)  and  over  five  (5)  years  of  age  shall  ride 
for  not  exceeding  three  (3)  cents  for  each  continuous  travel  of  one 
trip. 

If  8.  Damages  to  abutting  owners.]  § 8.  The  said  Cicero  & 
Proviso  Street  Railway  Company  shall  pay  all  damages  to  the  own- 
ers of  property  abutting  on  the  said  parts  of  streets  upon  or  over  which 
its  road  may  be  constructed,  which  said  owners  may  sustain  by  rea- 
son of  the  construction  or  location  of  the  said  road,  and  shall  hold  and 
save  harmless  the  said  town  from  any  and  all  costs',  charges,,  expenses 
and  damages  resulting  from  its  negligence,  or  the  negligence  of  its 
servants,  in  exercising  or  attempting  to  exercise  any  rights  under 
this  ordinance  given,  and  from  all  damages  that  shall  arise  to  owners 
of  property  by  reason  of  the  passage  of  this  ordinance,  holding  and 
keeping  the  said  town  as  good  financially  as  if  this  ordinance  had  never 
been  passed. 

If  9.  Power  of  council — culverts.]  § 9.  The  said  company 
shall,  whenever  ordered  by  the  said  board  of  trustees,  build,  at  its.  own 
expense,  under  its  tracks,  such  culverts  as  the  board  may  order. 

IT  10.  Approval  of  work.]  § 10.  The  said  Cicero  & Proviso 
Street  Railway  Company  shall  do  the  work  of  laying  its  tracks,  grad- 
ing and  paving  the  part  of  said  streets  hereinbefore  provided  for,  and 
building  any  required  culverts,  under  the  direction  of  and  in  the  man- 
ner approved  by  the  said  board  of  trustees. 

Tf  11.  Indemnity  bond.]  § n.  The  said  railway  company 
shall  before  commencing  any  work  upon  the  streets  under  this  ordi- 
nance file  with  the  town  clerk  its  bond  in  the  penal  sum  of  fifteen 
thousand  dollars  ($15,000),  with  sureties  approved  by  the  board  con- 
ditioned that  it  will  hold  the  said  town  harmless  of  account  of  any 
injury  or  injuries  occurring  to  any  one  during  the  construction  of 
said  tracks  or  culverts  on  account  of  the  acts  or  negligence  of  the  said 
company  under  this  ordinance. 

12.  When  in  force — acceptance.]  § 12.  This  ordinance 

shall  take  effect  and  be  in  force  from  and  after  its  passage;  Provided, 


1386 


STREET  RAILWAYS. 


[§  598 


that  if  the  Cicero  & Proviso  Street  Railway  Company  shall  not  file 
with  the  town  clerk  of  said  town,  within  thirty  (30)  days  from  the 
passage  of  this  ordinance,  its  written  acceptance  thereof,  together 
with  its  bond  in  the  penal  sum  of  five  thousand  dollars  ($5,000),  with 
two  or  more  sureties  to  be  approved  by  the  said  board  of  trustees, 
conditioned  that  the  said  company  shall  hold  the  said  town  harmless 
on  account  of  any  claims  for  damages  arising  from  the  passage  of  this 
ordinance,  as  well  as  from  the  constructing,  maintaining  and  operat- 
ing of  its  said  roads,  then  this  ordinance  shall  be  void  andi  of  no 
effect. 

§ 598.  Cicero  and  Proviso  Street  Railway  company. 

% 1.  Grant — term  20  years — route. 

If  2.  Construction  of  tracks. 

Tf  3.  Motive  power — overhead  wires — return  circuit. 

4.  Rate  of  fare — free  riders, 
if  5.  Time  of  completion — paving  and  repair  of  streets. 

^f  License — compensation  of  city. 

Tf  5^.  Heating  of  cars. 

^f  6.  Term  of  grant — indemnity  clause. 

7.  Bond. 

•jf  8.  When  in  force — bond — acceptance. 

An  ordinance  granting  permission  to  the  Cicero  & Proviso  Street  Railway  com- 
pany to  construct,  maintain  and  operate  a street  railway.  (Passed  July  23, 
1894.  Accepted  August  2,  1894.) 

1 1.  Grant— term  twenty  years— route.]  Be  it  ordained  by 

the  city  council  of  the  city  of  Chicago:  § 1.  That  in  consideration 

of  the  acceptance  hereof,  and  the  undertaking  of  the  Cicero  and  Pro- 
viso Street  Railway  Company  to  comply  with  the  provisions  herein 
contained,  consent,  permission  and  authority  are  hereby  granted  to 
said  Cicero  and  Proviso  Street  Railway  Company,  its  successors  and 
assigns,  and  the  said  company  is  hereby  required  to  lay  down,  con- 
struct, maintain  and  operate,  for  the  period  of  twenty  (20)  years  from 
the  passage  hereof,  a double  track  street  railroad,  with  all  the  neces- 
sary and  convenient  turn-outs,  side-tracks  and  switches,  in,  upon,  over 
and  along  West  Forty-eighth  street,  from  the  south  line  of  West  Lake 
street  to  the  north  line  of  West  Chicago  avenue;  and  on  West  Chicago 
avenue,  from  the  east  line  of  West  Forty-eighth  street  to  the  center 
line  of  West  Fifty-second  street,  or  west  city  limits  of  the  city  of  Chi- 
cago, with  the  right  to  connect  said  tracks  by  a curve  in  said  streets 
at  their  junction,  and  to  connect  any  of  the  street  railroad  tracks  of 
said  Cicero  and  Proviso  Street  Railway  Company  with  other  street 
railroad  tracks  upon  a curve  or  otherwise. 

1 2.  Construction  of  tracks.]  § 2.  The  tracks  of  said  street 
railroad  shall  not  be  elevated  above  the  surface  of  the  street,  and  shall 
be  laid  with  modern,  improved  rails,  to  be  approved  by  the  mayor  and 
commissioner  of  public  works,  and  in  such  manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in 


§ 59^]  CICERO  AND  PROVISO  STREET  RAILWAY  COMPANY.  1387 

all  directions  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  street  as  practicable. 

1 3.  Motive  power— overhead  wires— return  circuit.]  § 3. 

The  cars  to  be  used  on  said  lines  of  street  railroad  may  be  operated 
by  animal,  electric  or  cable  power,  and  shall  be  used  for  no  other 
purpose  than  to  carry  passengers  and  their  ordinary  baggage  and  the 
United  States  mail.  In  case  the  said  company  shall  use  cable  power 
the  method  of  laying  and  constructing  such  cable  and  operating  the 
same  shall  in  all  respects  be  the  same  and  be  governed  by^  the  same 
conditions  and  limitations  as  provided  by  an  ordinance  of  the  city 
council  of  the  city  of  Chicago,  passed  June  7th,  1886,  authorizing  the 
North  Chicago  City  Railway  Company  to  use  cable  power,  Sections 
3475  to  3477  of  the  Compiled  Laws  and  Ordinances  of  the  City  of 
Chicago,  Edition  of  1890.  And  in  case  said  company  shall  use  elec- 
tric power,  it  may  be  done  by  means  of  electric  overhead  contact 
wires.  Such  overhead  wires,  together  with  the  necessary  feed  wires, 
shall  be  suspended  from  poles  set  within  the  curb  line  limits  of  the 
street  and  adjoining  thereto  on  either  side  thereof,  the  placing  of 
such  poles  to  be  determined  by  the  mayor  and  commissioner  of  public 
works,  but  after  the  streets  upon  which  said  lines  of  railroad  hereby 
authorized  shall  have  been  wholly  paved,  only  poles  of  ornamental 
iron  or  steel  shall  be  permitted.  Said  poles  and  feeder  wires  shall  be 
suspended  not  less  than  eighteen  and  a half  (18^4)  feet  above  the  rails 
and  the  said  poles  and  supports  shall  be  placed  on  an  average  of  not 
less  than  one  hundred  and  fifteen  (1 1 5)  feet  apart. 

No  poles  shall  be  set  at  the  intersection  of  streets  and  alleys.  Be- 
fore making  any  excavation  or  in  any  wise  interfering  with  the  sur- 
face of  any  street  or  alley,  said  company  shall  obtain  from  the  com- 
missioner of  public  works  a permit  therefor  and  shall  also  deposit 
with  the  treasurer  of  the  city  of  Chicago  a sum  sufficient  to  cover  the 
cost  of  restoring  such  street  or  alley  according  to  an  estimate  of  the 
probable  cost  thereof  to  be  made  by  the  commissioner  of  public  works. 

Said  company  shall  establish  and  maintain  a metallic  return  circuit 
conductor,  independent  of  its  rails,  upon  all  the  lines  of  street  railroad 
hereby  authorized. 

Wherever  other  lines  of  wire  cross  the  wires  to  be  strung  by  virtue 
of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires 
or  other  suitable  mechanical  device  as  may  be  directed  by  the  commis- 
sioner of  public  works. 

And  it  is  further  provided,  that  wherever  said  Cicero  and  Proviso 
Street  Railway  Company  has  already  constructed  railroad  tracks  and 
erected  wires  and  poles  in  West  Lake  street,  West  Forty-eighth  street 
and  West  Madison  street,  and  is  operating  its  said  cars  by  electricity 
by  overhead  contact  wires  in  said  last  named1  streets,  said  Cicero  and 
Proviso  Street  Railway  Company  is  hereby  required  to  operate  and 
maintain  such  railroad  tracks,  poles  and  wires,  and  to  operate  said 


1388 


STREET  RAILWAYS. 


[§  598 


line  of  railroad  by  electricity  or  cable  power,  but  no  other  motive  power 
shall  be  substituted  except  upon  the  approval  of  the  mayor  and  com- 
missioner of  public  works,  except  in  case  of  necessity,  when  said  com- 
pany may  substitute  animial  power  temporarily,  but  such  substitution 
of  animal  power  shall  not  extend  beyond  a period  of  thirty  (30)  days 
in  any  one  case. 

T 4,  Rate  of  fare— free  riders.]  § 4.  The  rate  of  fare  for  any 
continuous  and  regular  trip  from  one  point  to  another  on  the  line  of 
said  Cicero  and  Proviso  Street  Railway  Company’s  street  railroad  shall 
be  five  (5)  cents. 

The  said  company  shall  carry  free  of  charge  on  all  cars  operated  by 
it,  the  city  police  and  firemen  in  uniform. 

If  5.  Time  of  completion — paving  and  repair  of  streets.]  § 5. 
Said  tracks  herein  authorized  in  section  one  (1)  shall  be  built  and  in 
operation  within  one  (1)  year  after  the  passage  of  this  ordinance.  And 
unless  the  same  shall  be  built  and  in  operation  within  said  time,  the 
city  of  Chicago  shall  have  the  right  to  remove  all  tracks  and  other  ob- 
stacles placed  in  the  streets  by  virtue  of  this  ordinance,  and  the  said 
company  agrees  to  pay  to  the  city  for  the  cost  of  such  removal.  But 
should  the  construction  of  said  tracks,  or  any  part  thereof,  be  delayed 
by  injunction  of  any  court  or  by  the  action  of  the  city  of  Chicago,  then 
as  to  the  portion  so  delayed,  the  time  of  such  delay  shall  not  be  counted 
as  any  part  of  the  time  herein  limited.  But  the  time  during  which  said 
company  may  be  so  delayed  as  aforesaid  shall  be  reckoned  only  from 
the  time  when  the  said  company  shall  have  given  notice  to  the  corpora- 
tion counsel  of  the  city  of  Chicago  of  the  institution  of  such  legal  pro- 
ceedings as  aforesaid.  The  city  shall  have  the  right  to  intervene  in  any 
suit  for  an  injunction  to  restrain  the  said  company,  as  aforesaid,  and 
move  for  the  dissolution  of  the  injunction  or  for  any  other  proper  order 
in  such  suit.  And  immediately  upon  the  laying  of  said  railroad  tracks, 
said  Cicero  and  Proviso  Street  Railway  Company  shall  pave,  with 
wooden  blocks,  the  center  sixteen  (16)  feet  of  said  streets,  between  the 
outside  rails  of  said, double-track  street  railroad,  and  it  shall  also  pave 
the  balance  of  the  roadway  of  said  West  Forty-eighth  (W.  48th)  street, 
with  wooden  blocks,  between  the  south  line  of  Lake  street  and  the 
north  line  of  Chicago  avenue,  when  the  underground  work  in  said 
portion  of  said  street  is  completed.  And  if  the  said  company  shall 
refuse  or  fail  so  to  do,  the  same  may  be  done  by  the  city  and  the 
company  shall  be  liable  to  the  city  for  the  cost  thereof. 

I 5>L  License  — compensation  to  city.]  § 5 >4.  The  said 
Cicero  and  Proviso  Street  Railway  Company  shall  pay  into  the  city 
treasury  of  the  City  of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty 
($50.00)  dollars,  as  an  annual  license  fee  for  each  and  every  car  used 
by  said  company  on  each  of  said  lines  herein  authorized,  in  the  manner 
following:  In  computing  the  number  of  cars  upon  which  said  license 
charge  may  be  imposed,  thirteen  round  trips,  when  one  car  is  used  in 


§ 59»] 


CICERO  AND  PROVISO  STREET  RAILWAY  COMPANY. 


1389 


the  transportation  of  passengers,  shall  be  taken  as  equivalent  to  one 
day’s  use  of  the  car;  one-thirteenth  of  such  round  trips  during  each 
quarter  shall  be  divided  by  the  number  of  days  in  such  quarter,  such 
quotient  shall  be  the  number  of  cars  subject  to  license  fee.  The  presi- 
dent or  other  chief  officer  of  said  company  shall,  under  oath,  make  re- 
port quarter-yearly  to  the  comptroller  of  the  city  of  Chicago,  of  the 
whole  number  of  cars  so  run  by  said  company,  and  at  the  same  time 
pay  to  said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each  car, 
to  be  ascertained  as  above  prescribed  in  this  section.  The  first  quarter 
shall  begin  upon  the  first  day  upon  which  the  said  company  shall  run 
a car  or  cars  for  the  carriage  of  passengers.  After  the  expiration  of 
five  (5)  years  frpm  the  date  of  the  passage  of  this  ordinance  the  said 
company  shall  annually  pay  into  the  treasury  of  the  city  of  Chicago,  in 
addition  to  the  annual  license  fee  above  provided,  a percentage  of  the 
gross  receipts  to  be  derived  by  said  company  from  the  operation  of  the 
road  hereby  authorized  and  of  the  extension  of  the  same  on  West  Chi- 
cago avenue,  from  52nd  street  to  Harlem  avenue,  as  compensation  for 
the  benefits  conferred  by  this  ordinance  upon  said  company  as  follows: 
One-fourth  per  cent  for  five  years,  one-half  per  cent  for  the  following 
period  of  five  years,  and  three-fourths  of  one  per  cent  for  the  last  period 
of  five  years. 

% 5 Heating  cars.]  § sH-  The  cars  upon  the  lines  hereby 
authorized  shall  be  provided  during  the  months  of  November,  De- 
cember, January,  February  and  March  of  each  year  with  heating  ap- 
paratus of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  of  said  car  and  heating  the  same;  and  the 
said  apparatus  shall  be  operated  at  such  times  during  the  months- 
aforesaid  as  the  nature  of  the  weather  and  the  degree  of  the  tempera- 
ture shall  require. 

IT  6.  Term  of  grant — indemnity  clause.]  § 6.  The  grant  here- 
in given  shall  extend  to  the  term  of  twenty  (20)  years  from  the  pas- 
sage hereof,  provided  the  same  shall  be  accepted  by  said  Cicero  and1 
Proviso  Street  Railway  Company  within  thirty  (30)  days  after  its 
passage.  Said  company  shall  forever  indemnify  and  save  harmless 
the  city  of  Chicago  against  and  from  any  and  all  damages,  judg- 
ments, decrees  and  costs  and  expenses  which  it  may  suffer  or  which 
may  be  recoverable  or  obtained  against  said  city  for  or  by  reason  of 
the  granting  of  such  privileges,  or  for  or  by  reason  of  or  growing 
out  of  or  resulting  from  the  exercise  by  said  company  of  the  privi- 
leges hereby  granted,  or  from  any  act  or  acts  of  said  company,  itsi 
servants  or  agents,  under  or  by  virtue  of  the  provisions  of  this  ordi- 
nance. 

T 7.  Bond.]  § 7.  The  said  Cicero  and  Proviso  Street  Raihvay 
Company,  its  successors  or  assigns,  shall,  within  thirty  (30)  days 
from  the  passage  of  this  ordinance,  execute  a bond  to  said  city  of 
Chicago,  in  the  penal  sum  of  five  thousand  ($5,000)  dollars,  condi- 


1390 


STREET  RAILWAYS. 


[§  599 


tioned  to  indemnify  and  save  harmless  the  city  of  Chicago  from  any 
and  all  damages  which  may  accrue  or  arise  or  grow  out  of  the  exercise 
by  said  Cicero  and  Proviso  Street  Railway  Company,  its  successors, 
or  assigns,  of  the  privileges  hereby  granted.  And  also  conditioned 
for  the  faithful  observance  and  performance  of  all  the  conditions  and 
provisions  of  this  ordinance  to  be  observed  and  performed  on  the  part 
of  said  company. 

f 8.  When  in  force— bond— acceptance.]  § 8.  This  ordinance 
shall  take  effect  when  the  said  Cicero  and  Proviso  Street  Railway 
Company,  its  successors  or  assigns,  shall  file  the  bond  herein  required 
and  acceptance  of  this  ordinance;  Provided,  that  if  the  said  Cicero 
and  Proviso  Street  Railway  Company,  its  successors  or  assigns,  shall 
not  file  an  acceptance,  in  writing,  of  this  ordinance,  and  the  bond 
herein  required  within  thirty  (30)  days  of  the  passage  hereof,  then  this 
ordinance  shall  be  of  no  force  and  effect  and  all  rights  herein  granted 
shall  absolutely  cease  and  determine. 


ENGLEWOOD  AND  CHICAGO  ELECTRIC  STREET  RAIL- 
WAY COMPANY. 

§ 599.  Englewood  and  Chicago  Electric  Street  Railway  com- 
pany. 

TT  1.  Grant — electric  line. 

•jf  2.  Route — transfers. 

TT  3.  Time  for  completion. 

4.  Grades. 

5.  Track  construction. 

6.  Motive  power — overhead  wires — location. 

7.  Electric  power — exception. 

*[  8.  Passenger  service. 

■ft  9.  Rate  of  fare — police,  etc. , to  ride  free, 
ij  10.  Grant  20  years. 

11.  Restoration  of  streets, 
ni  12.  Improvement  and  repair  of  streets. 

«T  13.  Reservation  of  rights. 

IT  14.  Running  time — speed. 

^[15.  Indemnity  clause. 

■it  16.  Acceptance. 

If  17.  License  fee. 

^t  18.  Bond. 

■jf  19.  When  in  force — acceptance — bond. 

An  ordinance  authorizing  the  Englewood  & Chicago  Electric  Street  Railway 
company  to  construct  and  operate  a railroad  upon  certain  streets  therein 
named.  (Passed  May  2,  1893.  Accepted  May  13,  1893.) 

1"  1.  Grant — electric  line.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  is  here- 


§ 599]  ENGLEWOOD  AND  CHICAGO  ELECTRIC  STREET  RAILWAY  CO.  1391 

by  granted  to  the  Englewood  and  Chicago  Electric  Street  Railway  Com- 
pany, its  successors  or  assigns,  to  construct  and  operate  a railroad 
with  one  or  more  tracks,  not  exceeding  two,  to  be  operated  by  elec- 
tricity, with  such  tracks  for  • turn-outs,  turn-tables,  side-tracks  and 
switches  as  said  company  may  deem  necessary,  along  and  upon  cer- 
tain streets  or  parts  of  streets  in  the  corporate  limits  in  the  city  of 
Chicago  hereinafter  particularly  mentioned,  and  to  operate  said  rail- 
way in  the  manner,  for  the  time  and  upon  the  conditions  hereinafter 
prescribed 

If  2.  Route — transfers.]  § 2.  The  said  Englewood  and  Chi- 
cago Electric  Street  Railway  Company,  or  its  successors  or  assigns, 
is  hereby  authorized  to  lay  the  tracks  with  all  necessary  turn-tables, 
turn-outs,  side-tracks  and  switches,  as  provided  in  the  first  section  of 
this  ordinance,  along  and  upon  the  following  streets  in  the  city  of 
Chicago:  Beginning  at  the  intersection  of  Sixty-third  street  and 

Vernon  avenue,  thence  south  upon  said  Vernon  avenue  to  its  inter- 
section with  Sixty-seventh  street,  thence  east  upon  Sixty-seventh 
street  to  its  intersection  with  Vincennes  avenue,  thence  south  upon 
said  Vincennes  avenue  to  its  intersection  with  South  Chicago  avenue, 
thence  southeasterly  upon  said  South  Chicago  avenue  to  east  line 
of  Cottage  Grove  avenue;  also  commencing  at  the  intersection  of 
South  Chicago  avenue  with  Keefe  avenue,  thence  southwesterly  upon 
said  Keefe  avenue  to  its  intersection  with  Clement  avenue,  thence 
west  on  Sixty-ninth  street  to  Calumet  avenue,  thence  north  on  said 
Calumet  avenue  to  its  intersection  with  Sixty-seventh  street;  also  on 
Sixty-seventh  street,  from  State  street  east  to  Vernon  avenue,  and 
from  Vincennes  avenue  east  to  east  line  of  Cottage  Grove  avenue; 
also  on  Clement  avenue,  from  Keefe  avenue  southeast  to  Vincennes 
avenue,  thence  south  upon  said  Vincennes  avenue  to  its  intersection 
with  Seventy-first  street,  and  on  Seventy-first  street  from  State  street 
to  Cottage  Grove  avenue:  also  on  the  alley  running  parallel  to  and 
adjoining  the  southwesterly  line  of  the  right  of  way  of  the  Pittsburg, 
Fort  Wayne  and  Chicago  Railroad  Company,  thence  southeast  along 
said  alley  to  Evans  avenue,  thence  south  upon  said  Evans  avenue  to 
its  intersection  with  Seventy-second  street,  thence  east  upon  said  Sev- 
enty-second street  to  its  intersection  with  Cottage  Grove  avenue, 
thence  north  upon  said  Cottage  Grove  avenue  to  the  alley  above  men- 
tioned, thence  northwest  along  said  alley  to  Evans  avenue,  and  on 
State  street  from  the  intersection  of  Vincennes  road  south  to  Ninety- 
fifth  street,  thence  east  upon  said  Ninety-fifth  street  to  the  intersection 
with  Michigan  avenue;  also  commencing  at  the  intersection  of  Seventy- 
ninth  street  and  State  street,  thence  west  upon  said  Seventy-ninth 
street  to  its  intersection  with  Vincennes  road,  thence  southiweserly 
upon  said  Vincennes  road  to  its  intersection  with  One  Hundred  and 
Seventh  street;  and  on  Eighty-seventh  street  from  Cottage  Grove 
avenue  west  to  Vincennes  road,  thence  north  on  said  Vincennes  road 
to  its  intersection  with  Eightv-sixth  place,  thence  west  upon  said 


1392 


STREET  RAILWAYS. 


[§  599 


Eighty-sixth  place  to  its  intersection  wtih  Sangamon  street,  thence 
north  on  said  Sangamon  street  to  its  intersection  with  Eigthy-sixth 
street,  thence  west  upon  Eighty-sixth  street  to  its  intersection  with 
Loomis  street,  thence  south  upon  said  Loomis  street  to  its  intersection 
with  Ninety-fifth  street,  thence  east  upon  said  Ninety-fifth  street  to  its 
intersection  with  Front  street,  thence  south  on  said  Front  street  to  its 
intersection  with  Ninety-ninth  street,  thence  west  upon  said  Ninety- 
ninth  street  to  its  intersection  with  Winston  avenue,  thence  southeast- 
erly upon  said  Winston  avenue  to  its  intersection  with  Vincennes  road', 
and  on  One  Hundred  and  Third  street  or  Tracy  avenue,  from  Michigan 
avenue  west  to  Wood  street,  thence  south  upon  said  Wood  street  to 
center  line  of  One  Hundred  and  Seventh  street,  and  on  One  Hundred 
and  Eleventh  street,  from  Indiana  avenue  west  to  city  limits;  also  on 
Vernon  avenue  from  the  central  sixteen  (16)  feet  thereof,  near  its 
intersection  with  Sixty- third  street  across  said  Vernon  avenue  by 
proper  curve  or  curves  to  private  property;  also  on  Vincennes  road, 
from  the  central  sixteen  (16)  feet  thereof  at  two  (2)  points  between 
Eighty-second!  street  and  Eighty-fifth  street,  across  said  Vincennes 
road  by  proper  curve  or  curves  to  private  property ; also  on  Cottage 
Grove  avenue  at  Seventy-second  street  along  or  across  said  Cottage 
Grove  avenue,  by  proper  curve  or  curves,  to  a point  between  Seventy- 
second  street  and  the  alley  running  parallel  to  and  adjoining  the 
southwesterly  line  of  the  right  of  way  of  the  Pittsburg,  Fort  Wayne 
and  Chicago  Railroad  Company;  also  on  Vincennes  avenue,  from 
Eighty-sixth  place  to  One  Hundred  and  Seventh  street,  the  tracks 
to  be  built  upon  the  east  twenty-five  (25)  feet  of  said  avenue;  also  the 
right  to  connect  its  tracks  with  the  tracks  of  its  own  or  other  systems 
of  railway  or  with  private  property  at  Vernon  avenue  and  Sixty-third 
street,  and  Sixty-third  and  State  streets,  and  at  Eighty-seventh  street 
and  Cottage  Grove  avenue,  and  at  One  Hundred  and  Third  street, 
and  at  One  Hundred  and  Eleventh  street  and  at  Ninety-fifth  street; 
Provided,  further,  that  where  they  make  connections  with  their  own 
road  transfer  tickets  must  be  given  without  extra  charge. 

1 3.  Time  for  completion.]  § 3.  One  of  the  main  tracks  and 
necessary  switches,  side-tracks  and  turn-outs  authorized  to  be  con- 
structed by  this  ordinance  on  each  of  the  following  streets  and  ave- 
nues, to  wit:  Vernon  avenue,  Sixty-seventh  street,  Vincennes  avenue, 
Seventy-first  street,  Vincennes  road,  Seventy-ninth  street  to.  One  Hun- 
dred- and  Seventh  street,  Eighty-sixth  street,  Loomis  street  from 
Eighty-sixth  street  to  Rock  Island  tracks,  State  street  from  its  inter- 
section with  Vincennes  road  to  Seventy-ninth  street,  and  South  Chi- 
cago avenue,  shall  be  completed  and  in  operation  within  one  year 
from  the  date  when  this  ordinance  shall  take  effect,  and  one  of  the 
tracks  and  necessary  switches,  side-tracks  and  turn-outs  authorized 
to  be  constructed  by  this  ordinance  on  all  streets  and  avenues  other 
than  those  named  in  this  section  shall  be  constructed  and  in  operation 
within  two  years  from  the  date  when  this  ordinance  shall  take  effect; 


§ 599]  ENGLEWOOD  AND  CHICAGO  ELECTRIC  STREET  RAILWAY  CO.  1393 

Provided,  that  if  the  said  track,  switches,  turn-outs  and  side-tracks 
shall  not  be  laid  and  the  said  railroad  shall  not  be  in  operation  upon 
the  streets  aforesaid  within  the  dates  named  in  this  section,  then  the 
rights  and  privileges  herein  granted  shall  ait  the  expiration  of  said  time, 
as  to  the  streets  and  parts  of  streets  hereinbefore  referred  to,  which 
at  the  said  time  shall  be  unoccupied  by  said  railroad  track  in  full 
operation,  wholly  cea^e  and  determine,  and  revert  and  vest  absolutely 
in  the  city  of  Chicago.  The  said  Englewood  and  Chicago  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  have  the  right 
and  privilege  of  laying  and  operating  the  second  track,  with  neces- 
sary switches,  side-tracks  and  turn-outs  authorized  by  this  ordinance, 
whenever  it  or  they  shall  deem  it  expedient  and  public  travel  requires 
it;  Provided  further,  that  if  the  said  Englewood  and  Chicago  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  be  restrained 
or  prevented  from  proceeding  with  the  work  upon  said  railway  track 
by  the  order  or  authority  of  any  court  of  competent  jurisdiction,  the 
time  during  which  it  may  be  so  delayed  shall  be  added  to  the  time 
hereinbefore  prescribed  for  the  completion  of  said  railway  track.  The 
city  of  Chicago  shall,  however,  have  the  right  to  intervene  in  any 
suit  for  an  injunction  to  restrain  said  party  or  parties,  as  aforesaid,  and 
move  for  the  dissolution  of  injunction,  in  case  such  suit  shall  be 
deemed  collusive  or  for  the  purpose  of  delay  or  extending  the  time 
for  the  completion  of  said  track. 

T 4,  Grades.]  § 4.  The  said  Englewood  and  Chicago  Electric 
Street  Railway  Company,  its  successors  or  assigns,  in  the  construction 
of  the  said  railway  shall  conform  to  all  grades  in  the  streets  to  be  so 
traversed  by  said  railway  as  they  now  exist,  or  which  may  be  hereafter 
adopted  by  the  city  council. 

*[  5.  Track  construction.]  § 5.  The  tracks  of  said  railway  shall 
be  constructed  of  side-bearing  or  what  may  be  termed  flat  rails, 
not  to  be  elevated  above  the  surface  of  the  street,  and  shall  be  made 
of  the  standard  gauge  of  four  feet  eight  and  one-half  inches;  and  said 
railway  tracks,  turn-outs,  side-tracks,  switches  and  turn-tables  shall 
be  so  laid  that  carriages  and  other  vehicles  can  easily  and  freely  cross 
said  track  or  tracks  at  any  and  all  points.  The  said  track  or  tracks 
shall  be  laid  under  the  supervision  of  the  commissioner  of  public 
works  of  the  city  of  Chicago.  It  is  further  provided  that  said  track 
or  tracks  at  all  intersections  of  streets  'shall  be  planked  or  paved 
between  the  rails,  to  correspond  with  balance  of  the  intersections  of 
street. 

% 6.  Motive  power — overhead  wires — location.]  § 6.  The  cars 
upon  said  railway  shall  be  propelled  by  electric  overhead  contact  wires, 
which,  together  with  the  necessary  feed  wires,  shall  be  suspended 
from  poles  set  within  the  curb  limits  of  the  street  on  either  side  there- 
of, or  from  bracket  poles  placed  in  the  center  of  the  street  and  so 
adjusted  as  to  obstruct  the  public  use  of  the  streets  or  sidewalks  as 


88 


1394 


STREET  RAILWAYS. 


[§  599 


little  as  possible.  Said  wires  shall  be  suspended  not  less  than  eight- 
een and  one-half  feet  above  the  rails,  and  the  said  poles  and  supports 
shall  be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen 
feet  apart,  except  at  the  intersection  of  streets  and  avenues  or  the 
crossings  of  railroad  tracks,  when  the  said  distance  will  place  the  poles 
or  supports  on  intersecting  streets  or  avenues,  or  at  convenient  dis- 
tances for  such  crossings.  And,  in  the  event  that  some  more  favorable 
and  practicable  method  of  furnishing  electricity  or  other  power  for  the 
operation  of  said  road  be  discovered,  said  the  Englewood  and  Chicago 
Electric  Street  Railway  Company,  its  successors  or  assigns,  shall  have 
the  right  or  may  be  required  by  the  city  council  of  the  city  of  Chicago 
to  adopt  such  more  favorable  or  practicable  method  of  furnishing 
motive  power  in  place  of  or  in  connection  with  the  use  of  said  elec- 
trical overhead  contact  wires,  when  the  same  is  approved  by  the 
mayor  and  the  commissioner  of  public  works.  The  said  company  shall 
have  the  right  to  connect  the  wires  herein  authorized  with  the  wires 
on  other  of  its  lines,  and  also  to  connect  its  wires  and  tracks  with  the 
generators  and  power  stations  and  car  barns  which  may  be  convenient 
to  use  in  connection  therewith,  and  from  time  to  time  to  alter  and 
change  such  connections. 

1 7.  Electric  power — exception.]  g 7.  Said  Englewood  and 
Chicago  Electric  Street  Railway  Company,  its  successors  or  assigns, 
shall  operate  said,  railway  by  electric  motor  power,  except  in  case  of 
accident  to  machinery  making  it  necessary  that  said  cars  may  be  pro- 
pelled by  animal  power  for  a period  not  exceeding  thirty  (30)  days  for 
any  one  accident. 

T 8.  Passenger  service.]  § 8.  The  cars  or  carriages  to  be  used 
on  such  railway  shall  be  used  for  no  other  purpose  than  to  carry  pas- 
sengers and  their  ordinary  baggage;  and  the  said  cars  shall  be  en- 
titled to  the  track,  and  in  all  cases  where  any  team  or  vehicle  shall 
meet  or  be  overtaken  by  a car  upon  said  railway,  such  team  or  vehicle 
shall  give  way  to  said  car. 

If  9.  Rate  of  fare — police,  etc.,  to  ride  free.]  § 9.  The  rates 

of  fare  for  any  continuous  and  regular  trip  from  one  point  to  another 
on  the  line  of  said  railway  shall  not  exceed  five  (5)  cents,  and  the 
United  States  letter-carriers,  park  policemen,  city  policemen  and  fire- 
men in  uniform  shall  be  permitted  to  ride  free. 

10.  Grant,  20  years.]  § 10.  The  rights  and  privileges  here- 
by granted  the  said  Englewood  and  Chicago  Electric  Street  Railway 
Company,  its  successors  or  assigns,  shall  continue  for  a period  of 
twenty  (20)  years  from  and  after  the  time  this  ordinance  shall  take 
effect. 

1 11.  Restoration  of  streets.]  g n.  The  said  Englewood  and 

Chicago  Electric  Street  Railway  Company,  its  successors  or  assigns, 
shall  do  no  permanent  injury  to  any  street,  sidewalk,  alley  or  avenue, 
nor  interfere  with  any  water  pipe,  sewer  or  gas  pipe  now  or  hereafter 


§ 599]  ENGLEWOOD  AND  CHICAGO  ELECTRIC  STREET  RAILWAY  CO.  1395 

laid  bv  the  city  of  Chicago,  but,  in  construction  of  the  said  railway, 
shall  restore  the  streets,  pavements,  sidewalks  or  ground  or  water 
pipe,  sewer  or  gas  pipe  to  a condition  equally  as  good  as  before  the 
layinfe  M said  railway,  at  the  expense  of  the  Englewood  and  Chicago 
Electric  Street  Railway  Company,  its  successors  or  assigns,  and  if  it, 
its  successors  or  assign's,  as  the  case  may  be,  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  the  city  of  Chicago,  and  it  or  they,  as 
the  case  may  be,  shall  be  liable  for  the  cost  thereof. 

1 12.  Improvement  and  repair  of  streets.]  § 12.  The  said 
Englewood  and  Chicago  Electric  Street  Railway  Company,  its  suc- 
cessors or  assigns,  as  respects  the  grading,  paving,  macadamizing, 
planking  and  repairing  or  using  the  aforesaid  streets  and  avenues 
shall,  at  its  own  cost  and  expense,  as  to  the  parts  of  streets  in  and 
upon  which  said  railway  may  be  laid,  keep  eight  feed  in  width  where  a 
single  track  may  be  laid,  and  sixteen  feet  where  a double  track  shall 
be  laid,  in  good  repair  and  condition,  during  all  the  time  to  which 
the  privileges  hereby  granted  shall  extend,  in  accordance  with  the 
orders  and  regulations  of  the  commissioner  of  public  works  of  the 
said  city.  And,  when  any  new  improvement  of  any  character  shall 
be  ordered  by  the  city  council  of  said  city,  said  Englewood  and  Chi- 
cago Electric  Street  Railway  Company,  its  successors  or  assigns, 
at  its  own  cost  and  expense  shall,  in  the  manner  required  by  the  city 
authorities,  make  such  improvements  for  the  width  of  eight  feet  where 
the  single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where 
a double  track  shall  be  laid,  to  include  said  tracks  as  laid  in  said 
streets  and  avenues;  and  if  the  said  Englewood  and  Chicago  Electric 
Street  Railway  Company,  its  successors  or  assigns,  shall  neglect  or  fail 
to  make  any  repairs  or  improvements,  as  aforesaid,  for  the  space  of 
twenty  days  after  notice  so  to  do  from  the  commissioner  of  public 
works,  or  other  proper  officer  of  said  city,  to  any  officer,  agent  or 
employe  of  said  Englewood  and  Chicago  Electric  Street  Railway 
Company,  or  its  successors  or  assigns,  then  and  in  such  case  the 
city  may,  at  its  option,  do  the  same,  at  the  cost  and  expense  of  said 
company. 

1 13.  Reservation  of  rights.]  § 13.  Nothing  herein  contained 
shall  impair  or  abridge  the  right  of  the  city  to  dig  up  or  open  said 
streets  and  avenues,  or  any  portion  thereof,  and  to  temporarily  remove 
said  tracks  and  roadbed  for  the  purpose  of  laying  sewers  or  water 
pipes,  or  making  any  similar  improvements,  or  of  repairing  the  same. 

T 14.  Running  time— speed.]  § 14.  This  ordinance  is  granted 
upon  the  express  condition  that  trains  shall  be  run  upon  each  track 
constructed  by  said  Englewood  and  Chicago  Electric  Street  Rail- 
way Company,  its  successors  or  assigns,  at  least  once  per  each  half- 
hour  between  the  hours  of  six  (6)  a.  m.  and  twelve  (12)  p.  m.,  except 
when  delay  is  caused  through  unavoidable  accident,  breakage  of  ma- 
chinery or  other  cause  beyond  the  control  of  said  Englewood  and 


1396 


STREET  RAILWAYS. 


[§  599 


Chicago  Electric  Street  Railway  Company,  its  successors  or  assigns; 
and  the  speed  of  all  trains  to  be  operated  by  virtue  of  this  ordinance 
shall  be  subject  to  control  by  ordinance  of  the  city  of  Chicago,  and 
its  successors,  regulating  the  speed  of  electric  and  cable  railways. 

1 15.  Indemnity  clause.]  § 15.  The  said  Englewood  and 

Chicago  Electric  Street  Railway  Company,  its  successors  or  assigns, 
shall  defend  and  save  harmless  the  city  of  Chicago  of  and  from  any 
and  all  damages,  judgments,  decrees,  and  costs  connected  therewith, 
which  may  be  rendered  against  said  city  by  reason  of  the  granting 
of  the  rights  and  privileges  herein  contained,  or  which  in  any  way 
accrue  or  arise  or  grow  out  of  the  exercise  by  the  said  Englewood 
and  Chicago  Electric  Street  Railway  Company,  or  its  successors  or 
assigns,  of  the  rights  and  privileges  hereby  granted. 

% 16.  Acceptance.]  § 16.  This  ordinance  is  passed  upon  the 
express  agreement  and  understanding  that  the  said  company,  before 
availing  itself  of  any  of  the  rights  and  privileges  granted  by  this  ordi- 
nance, shall  file  with  the  city  clerk  its  acceptance  of  all  the  terms 
and  conditions  of  this  ordinance-. 

T 17-  License  fee.]  § 1 7.  The  said  Englewood  and  Chicago 
Electric  Street  Railway  Company  shall  pay  into  the  city  treasury  of 
the  city  of  Chicago,  for  the  use  of  said  city,  the  sum.  of  fifty  dollars, 
and  no  more,  as  an  annual  license  fee  for  each  and  every  car  used  by 
said  company.  In  computing  the  number  of  cars  upon  which  such 
license  may  be  imposed,  thirteen  round  trips,  when  one  car  is  used  m 
transportation  of  passengers,  shall  be  taken  as  equivalent  to  one  day’s 
use  of  one  car.  One-thirteenth  of  such  round  trips  during  each  quar- 
ter shall  be  divided  by  the  number  of  days  in  such  quarter;  such 
quotient  shall  be  the  number  of  cars  subject  to  such  license  fee.  The 
president  or  other  officer  of  said  company  shall,  under  oath,  make  re- 
port quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the 
whole  number  of  cars  run  by  said  company,  and  at  the  same  time 
pay  to  said  comptroller  $12.50  for  each  car,  to  be  ascertained  as  above 
prescribed  in  this  section.  The  first  quarter  shall  begin  on  the  first 
day  upon  which  the  company  shall  run  a car  for  the  carriage  of 
passengers. 

1 18.  Bond.]  § 18.  The  said  Englewood  and  Chicago  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  shall,  within 
thirty  (30)  days  from  the  passage  of  this  ordinance,  execute  a bond  to 
the  said  city  of  Chicago,  in  the  penal  sum  of  twenty-five  thousand 
($25,000)  dollars,  with  satisfactory  sureties,  conditioned  to  indemnify 
and  save  harmless  the  cityi  of  Chicago  of  and  from  all  damages  which 
may  accrue  or  arise  or  grow  out  of  the  said  exercise  by  the  Englewood 
and  Chicago  Electric  Street  Railway  Company,  its  successors  or  as- 
signs, of  the  privileges  hereby  granted;  said  bond  to  be  subject  to  the 
approval  of  the  city  comptroller  of  the  city  of  Chicago. 


§ 600]  ENGLEWOOD  AND  CHICAGO  ELECTRIC  STREET  RAILWAY  CO.  1397 

f 19.  When  in  force— acceptance— bond.]  § 19.  This  or- 
dinance shall  take  effect  when  the  said  Englewood  and  Chicago  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  shall  file  with 
the  city  clerk  the  bond  herein  required,  and  accept  in  writing  the  terms 
and  conditions  of  this  ordinance;  Provided,  that,  if  the  said  Englewood 
and  Chicago  Electric  Street  Railway  Company,  its  successors  or  as- 
signs, shall  not  file  an  acceptance  in  writing  within  thirty  (30)  days 
from  the  passage  hereof,  then  this  ordinance  shall  be  of  no  force  and 
effect,  and  all  rights  herein  granted  shall  absolutely  cease  and  deter- 
mine. 

Note. — See  following  amendatory  ordinances. 

§ 600.  Englewood  and  Chicago  Electric  Street  Railway  com- 
pany. 

If  1.  Amending  section  6 of  the  foregoing  ordinance, 
f 2.  Acceptance— bond. 

An  ordinance  amending  an  ordinance  granting  permission  and  authority  to  the 
Englewood  & Chicago  Street  Railway  company,  its  successors  or  assigns,  to 
construct  a railroad  to  be  operated  by  electricity,  upon  certain  streets  within 
the  city  of  Chicago  more  particularly  therein  described,  passed  by  the  city 
council  of  the  city  of  Chicago  on  May  2,  1893.  (Passed  May  8,  1893.  Ac- 
cepted May  13,  1893.) 

IT  1.  Amending  section  6 of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § I.  That  the  or- 
dinance passed  by  the  city  council  of  the  city  of  Chicago,  on  the  2nd 
day  of  May,  1893,  granting  permission  to  the  Englewood  and  Chicago 
Electric  Street  Railway  Company  to  construct  a certain  railroad,  to 
be  operated  by  electricity,  along  and  upon  certain  streets  within  the 
city  of  Chicago  more  particularly  described  therein,  be  and  the  same 
is  hereby  amended  as  follows,  to  wit:  section  6 of  said  ordinance  is 
hereby  amended  by  adding  to  the  same  at  the  end  of  said  section  6 
the  following  two  paragraphs: 

Wherever  the  city  of  Chicago  now  maintains  over  head  wires,  ca- 
bles, conductors  and  poles,  for  fire  and  police  alarm  and  other  mu- 
nicipal electric  service,  on  or  crossing  streets  upon  which  the  said  En- 
glewood and  Chicago  Electric  Street  Railway  Company,  its  successors 
or  assigns,  shall  operate  overhead  conductors  in  accordance  with  the 
provisions  of  this  ordinance,  the  superintendent  of  city  telegraph  shall 
cause  to  be  placed  underground  suitable  pipes  and  conductors  to  re- 
place said  wires,  cables  and  conductors,  and  shall  cause  the  city 
aerial  wires  and  poles  to  be  removed  from,  said  streets.  And  the 
said  Englewood  and  Chicago  Electric  Street  Railway  Company  shall 
pay  all  the  cost  of  said  work,  and  shall  give  a bond  to  the  city  of  Chi- 
cago, with  good  and  sufficient  sureties,  to  be  approved  by  the  mayor, 
in  the  penal  sum  of  fifteen  thousand  dollars,  conditioned  for  the  pay- 
ment of  all  the  costs  of  the  work  mentioned  in  this  paragraph. 

All  overhead  conductors  used  by  the  said  Englewood  and  Chicago 
Electric  Street  Railway  Company  shall  be  protected  by  guard  wires  or 


1398 


STREET  RAILWAYS. 


[§  601 


other  suitable  mechanical  device  or  devices,  as  may  be  directed1  by  the 
superintendent  of  city  telegraph.  All  poles,  wires  and  cables  to  be 
placed  by  said  Englewood  and  Chicago  Electric  Street  Railway  Com- 
pany in  pursuance  of  this  ordinance  shall  be  placed  under  the  super- 
vision of  and  in  such  manner  as  may  be  approved  by  the  superintend- 
ent of  city  telegraph. 

Acceptance — bond.]  § 2 This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  in  writing  by  the  said  Englewood  and  Chica- 
go Electric  Street  Railway  Company,  within  thirty  days  from  the  sec- 
ond day  of  May,  1893,  and  upon  the  filing  by  said  company  with  the 
city  clerk,  within  said  time,  of  the  bond  hereinabove  required. 

§ 601.  Englewood  and  Chicago  Electric  Street  Railway  com- 
pany. 

H 1.  Preamble. 

\ 2.  Amending  section  2. 

3.  When  in  force. 

*[[  1.  Preamble.]  Whereas,  on  the  2nd  day  of  May,  1893,  this 
council  granted  by  ordinance,  to  the  Englewood  & Chicago  Electric 
Street  Railway  Company,  the  right  to  operate  upon  certain  streets  in 
the  city  of  Chicago,  one  of  which  was  Vincennes  avenue,  from  a point 
about  Eighty-first  street  to  and  along  said  Vincennes  avenue  to  Eighty- 
sixth  street,  through  the  yards  and  right  of  way  of  the  Chicago  and 
Western  Indiana  Railroad  Company,  and 

Whereas,  at  said  point  on  Vincennes  avenue  there  is  located  and 
in  active  operation  twenty-nine  steam  railroad  tracks,  the  crossing  of 
which  would  be  very  dangerous  to  human  life,  which  can  be  avoided 
by  change  in  route  at  that  point  to  Eighty-first  and  Halsted  streets, 
thence  to  Vincennes  road,  by  the  following  ordinance,  amending  the 
orginal  ordinance  granting  the  right  to  construct  a street  railway  upon 
certain  streets  of  said  city  to  said  company  and  for  which  change  con- 
sents of  property  owners  required  by  law,  is  herewith  submitted. 

An  ordinance  amending  section  2 of  an  ordinance  granting  per- 
mission and  authority  to  The  Englewood  & Chicago  Electric  Street 
Railway  Company,  its  successors  and  assigns,  to  construct  a railroad, 
to  be  operated  by  electricity,  upon  certain  streets  within  the  city  of 
Chicago,  more  particularly  therein  described,  passed  by  the  city  coun- 
cil of  the  city  of  Chicago  on  May  2nd,  1893. 

Passed  May  25,  1896.  Accepted  June  1,  1896. 

1 2.  Amending  section  2.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  or- 

dinance passed  by  the  city  council  of  the  city  of  Chicago  on  the  sec- 
ond day  of  May,  1893,  granting  permission  to  The  Engle- 
wood and  Chicago  Electric  Street  Railway  Company  to  con- 
struct a certain  railroad,  to  be  operated  by  electricity,  along  and  upon 
certain  streets  within  the  city  of  Chicago,  more  particularly  described 
therein,  be,  and  the  same  is  hereby  amended  as  follows,  to-wit:  Sec- 


§ 602] 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


1399 


tion  2 of  said  ordinance  is  hereby  amended  by  inserting  after  the 
words  “thence  southwesterly  upon  said  Vincennes  road,”  and  before 
the  words  “to  its  intersection  with  One  Hundred  and  Seventh  street,” 
the  following  words,  “to  Eighty-first  street,  thence  on  Eighty-first 
street  from  Vincennes  road  to  Halsted  street,  and  on  Halsted  street 
from  Seventy-ninth  street  to  Summit  avenue,  and  on  the  east  twenty- 
five  feet  of  Summit  avenue  from  Halsted  street  to  Vincennes  road,  and 
thence  southwesterly  on  Vincennes  road  ” 

1"  3.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 

§ 602.  General  Electric  Railway  company. 

^ 1.  Grant— route — viaduct. 

\ 2.  Motive  power — overhead  wires — fender  wires. 

*f[  3.  Subways  or  viaducts  over  railroad  tracks — damages. 

4.  Improvement  and  repair  of  streets. 

^ 4 yz.  Compensation  to  city — see  section  5 following  ordinance. 

f 5.  Rate  of  fare — free  riders. 

*([  6.  Heating  cars. 

][  7.  Grant — 20  years. 

\ 8.  Indemnity  clause — bond. 

\ 9.  When  in  force — acceptance. 

10.  Time  of  completion. 

An  ordinance  granting  permission  to  the  General  Electric  Railway  company  to 
construct,  maintain  and  operate  a street  railway  on  Dearborn,  Fourteenth, 
Plymouth  place  and  other  streets.  (Passed  January  13,  1896.  Accepted 
March  7,  1896.) 

If  1.  Grant — route — viaducts.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago.  § 1.  That  permission  and  authority  are 
hereby  granted  to  the  General  Electric  Railway  Company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain,  operate  and  re- 
pair a single  or  double-track  street  railway,  with  all  necessary  and 
convenient  curves,  connections,  side-tracks,  turnouts,  loops  and 
switches,  in,  upon,  over  and  along  the  following  streets  or  highways 
in  the  city  of  Chicago,  to-wit: 

Beginning  at  the  intersection  of  Twenty-third  street  and  Dearborn 
street,  on  the  south  side  of  Twenty-third  street,  thence  north  along 
said  Dearborn  street  to  the  intersection  of  the  same  with  Fourteenth 
street,  thence  east  on  Fourteenth  street  to  Plymouth  place; 
thence  north  on  Plymouth  place  to  Jackson  street; 

also  on  Custom  House  place,  from  Jackson  street  to  Four- 
teenth street;  thence  east  on  Fourteenth  street,  from  Custom  House 


1400 


STREET  RAILWAYS. 


place  to  Dearborn  street ; also  beginning  at  the  intersection  of  Twen- 
ty-third street  and  Dearborn  street;  thence  south  along  said  Dear- 
born street  to  the  intersection  of  the  same  with  Thirty-seventh  street; 
thence  west  on  Thirty-seventh  street  to  Fifth  avenue  (formerly  Atlantic 
street);  thence  south  on  Fifth  avenue  (formerly  Atlantic  street)  to 
Forty-third  street;  thence  west  on  Forty-third  street  to  Princeton 
avenue;  thence  south  on  Princeton  avenue  to  the  south  side  of  Fifty- 
seventh  street;  also,  beginning  at  the  intersection  of  Wabash  avenue 
and  Fifty-seventh  street,  thence  west  along  Fifty-seventh  street  to 
Morgan  street;  thence  north  on  Morgan  street  to  Fifty-sixth  street; 
thence  west  on  Fifty-sixth  street  to  Western  avenue,  with  the  right 
to  connect  the  same  with  other  street  railway  tracks  and  loops  now 
or  hereafter  owned  or  operated  by  or  in  connection  with  said  com- 
pany; and  permission  and  authority  are  hereby  granted  to  said  com- 
pany, if  desired,  necessary,  or  convenient,  in  connection  with  viaducts 
over  railroad  tracks,  or  otherwise,  to  connect  with  and  cross  the  via- 
duct on  Twelfth  street,  at  grade  with  the  driveway  of  said  viaduct, 
and  to  make  and  construct  any  and  all  necessary  or  convenient  via- 
duct approaches  thereto;  all  plans  for  any  viaducts  hereunder  to  be 
submitted  to  the  commissioner  of  public  works  of  said  city,  and  to 
be  subject  to  any  and  all  reasonable  requirements  of  such  commis- 
sioner as  to  the  nature  and  character  of  the  structure  or  structures. 

If  2.  Motive  power — overhead  wires — feeder  wires.J  § 2. 

Said  street  railway  and  cars  to  be  used  on  said  tracks  may  be  operated 
by  a system  or  systems  of  underground  cable,  or  by  any  system  of 
compressed  air, or  by  electric  power,  or  either  overhead, underground, 
primary  or  storage  battery  systems,  with  the  right  to  use  any  one  or 
more  of  said  systems  and  to  change  from  any  one  of  such  systems  to 
any  other  of  such  systems.  If  electric  power  shall  be  used  by  means 
of  overhead  wires,  such  overhead  wires,  together  with  the  necessary 
feed  wires,  may  be  suspended  from  substantial  iron  poles,  set  with- 
in the  curb  limits  of  said  streets,  on  either  side  thereof,  or  in  the 
middle  thereof.  And  if  electric  power  shall  be  used  by  means  of  an  un- 
derground system,  proper  conduits  for  conveying  the  necessary  wires 
or  electrical  conductors  may  be  built  and  constructed  in  said  streets. 
And  permission  is  hereby  given  to  said  company  to  connect  its  wires 
or  electrical  conductors  with  any  power  house  or  station,  or  electric 
wires,  which  may  be  used  for  generating  or  conveying  the  electric 
power  for  and  to  the  lines  of  street  railway  now  or  hereafter  owned 
or  operated  by  said  company.  Permission  is  also  hereby  granted  to 
make  all  necessary  connections  with  the  sewers  of  said  city  for  the 
purpose  of  draining  any  conduit  or  conduits  that  may  be  constructed 
or  used  by  said  company. 

1 3.  Subways  or  viaducts  over  railroad  tracks  —damages.]  § 3. 

Wherever  the  line  or  lines  of  said  General  Electric  Railway  Company 
shall  cross  or  intersect  the  line  or  lines  of  any  steam  railroad  company 


§ 602] 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


1401 


or  companies,  said  General  Electric  Railway  Company  may  cross 
such  line  or  lines  of  such  steam  railroad  company  or  companies  at 
grade,  or  may  construct  subways  or  tunnels  under  the  line  or  lines 
or  tracks  of  such  steam  railroad  company  or  companies,  or  may  build 
viaducts  over  the  line,  lines  or  tracks  of  such  steam  railroad  company 
or  companies  as  it  may  see  fit;  and  wherever  the  line  or  lines  of  said 
General  Electric  Railway  Company  shall  cross  or  intersect  the  line, 
lines  or  tracks  of  any  other  street  railway  company  or  companies, 
said  General  Electric  Railway  may  cross  the  tracks  of  such  other 
street  railway  company  or  companies  at  grade*  In  case  the  said  Gen- 
eral Electric  Railway  Company  should  cross  any  existing  steam  rail- 
road company’s  lines  by  either  subways  or  viaducts,  then,  and  in  any 
and  all  such  cases,  the  said  railway  company  shall  assume  and  be  lia- 
ble for  any  and  all  damages  which  may  accrue  to  any  abutting  prop- 
erty along  the  lines  of  such  subway  or  subways,  viaduct  or  viaducts. 

% 4.  Improvement  and  repair  of  streets.]  § 4.  The  said 
General  Electric  Railway  Company  shall  keep  paved  and  in  good 
repair  eight  feet  in  width  for  single  track  and  sixteen  feet  in  width 
for  double  track,  in  the  center  of  the  streets  where  its  track  shall  be 
laid;  Provided,  however,  that,  with  the  consent  of  the  commissioner 
of  public  works,  said  company  shall  pave  with  stone  or  brick  that  part 
of  the  street  which  it  is  hereby  required  to  pave.  Before  entering 
upon  or  breaking  the  surface  of  any  street,  said  company  shall  apply 
to  the  commissioner  of  public  works  for  a permit  therefor,  which  per- 
mit shall  be  granted  in  compliance  with  this  ordinance. 

1 4^.  Compensation  to  city — see  section  5 following  ordin- 
ance.] § 4^2.  The  said  General  Electric  Railway  Company  shall, 
at  its  own  expense,  keep  the  surface  of  the  streets  occupied  by  its 
tracks  under  the  provisions  of  this  ordinance  free  from  obstructions, 
and  in  a clean  and  wholesome  condition  from  curb  to  curb,  to  the 
satisfaction  and  approval  of  the  department  of  public  works  of  said 
city.  The  said  railroad  company,  as  compensation  for  the  benefits  con- 
ferred upon  it  by  this  ordinance,  shall  pay  annually  into  the  treasury 
of  the  city  of  Chicago  a percentage  of  its  gross  receipts  from  the 
operation  of  said  road,  as  follows:  One  per  cent  (1%)  for  the  first 

period  of  five  (5)  years,  two  per  cent  (2%)  for  the  second  period  of 
five  (5)  years,  two  and  one-half  per  cent  (2l/2%)  for  the  third  period 
of  five  (5)  years,  and  three  per  cent  (3%)  for  the  remainder  of  the 
period  of  twenty  years  for  which  the  franchise  is  granted. 

I 5.  Rate  of  fare— free  riders.]  § 5.  The  rate  of  fare  shall 
not  exceed  five  cents  for  one  continuous  ride  north  or  south  for  one 
trip  over  the  lines  of  said  company;  Provided  that  no  fare  shall  be 
charged  to  policemen  or  firemen  of  said  city  in  uniform. 

IF  6.  Heating  cars.]  § 6.  The  cars  upon  the  railway  hereby 
authorized  shall  be  provided,  during  the  months  of  November  to 
March,  inclusive,  of  each  year,  with  a heating  apparatus,  to  be  select- 


1402 


STREET  RAILWAYS. 


[§  603 


ed  by  said  company,  which  shall  be  reasonably  effective  in  heating 
said  cars;  and  said  apparatus  shall  be  operated  at  such  times  during 
said  months  as  the  weather  shall  require,  and  on  all  cars,  both  ddy 
and  night. 

If  7.  Grant  20  years.]  § 7.  The  grant  herein  given  shall  ex- 
tend for  the  period  of  twenty  years  from  the  passage  hereof;  Pro- 
vided, that  a bond  shall  be  filed  and  this  ordinance  accepted,  as  here- 
inafter provided. 

T 8.  Indemnity  clause— bond.]  § 8.  Said  company  shall  in- 
demnify and  forever  save  harmless  the  city  of  Chicago  from  any  and 
all  damages,  judgments,  decrees,  costs  and  expenses  which  said  city 
may  suffer,  or  which  may  be  recoverable  or  obtained  against  said 
city,  for  or  by  reason  of  the  granting  of  the  privileges  hereby  con- 
ferred upon,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from,  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
and  said  company  shall,  within  the  time  limited  for  the  acceptance 
of  this  ordinance,  file  with)  the  city  clerk  a bond  to  said  city  of  Chica- 
go, in  the  penal  sum  of  one  hundred  thousand  dollars,  with  sureties 
to  be  approved  by  the  mayor  of  the  said  city  of  Chicago,  conditioned 
for  the  faithful  performance  and  observance  by  said  company  of  the 
provisions  and  conditions  of  this  ordinance. 

1”  9.  When  in  force — acceptance.]  § 9.  This  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  acceptance 
by  said  company,  provided  that  the  bond  aforesaid  shall  be  filed  and 
this  ordinance  accepted  within  sixty  days  after  passage  of  the  same; 
otherwise  this  ordinance  to  be  void. 

If  10.  Time  of  completion.]  § 10.  The  said  General  Electric 
Railway  Company  shall  lay  and  complete  at  least  three  miles  of  tracks 
under  this  ordinance  within  one  year  from  the  passage  hiereof,  and 
the  entire  line  shall  be  completed  and  in  operation  within  eighteen 
months;  Provided,  that  any  and  all  time  during  which  said  work,  or 
any  part  or  portion  thereof,  may  be  enjoined  or  restrained  by  order  of 
any  court,  shall  not  be  counted  or  included  within  said  time;  and 
provided,  further,  that  any  and  all  time  during  which  the  right  of  the 
said  General  Electric  Railway  Company,  or  its  assigns,  to  have,  use 
or  enjoy  the  privileges  and  rights  by  this  ordinance  granted,  or  any 
part  or  portion  thereof,  may  or  shall  be  in  question  in  any  legal  pro- 
ceeding in  any  court,  shall  also  be  excluded  from  the  limitation  as  to 
the  time  for  completion  fixed  in  and  by  this  section. 

§ 603.  General  Electric  Railway  company. 

Tf  1.  Grant — route. 

*}  2.  Motive  power — underground  system— unimproved  streets. 

Tf  3.  Subways  or  viaducts  crossing  railroads — damages. 

1 4.  Improvement  and  repair  of  streets. 

if  5.  Compensation  to  city — includes  preceding  ordinance. 

if  6.  Rate  of  fare — free  riders — transfers. 


§ 603] 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


1403 


1 

7- 

Heating  of  cars. 

l 

8. 

Grant  20  years. 

i 

9- 

Indemnity  clause — bond. 

j 

10. 

Acceptance — bond. 

i 

11. 

Time  of  completion. 

1 

12. 

Conditions — widening  certain  roadbeds — paving. 

An  ordinance  granting  permission  to  the  General  Electric  Railway  company  to 
construct,  maintain  and  operate  a street  railway  on  certain  streets  therein 
named.  (Passed  January  25,  1897.  Accepted  March  29,  1897.) 

If  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  permission  and  authority  are  hereby 

granted  to  the  General  Electric  Railway  Company,  its  successors,  as- 
signs and  lessees,  to  lay  down,  construct,  maintain,  operate  and  re- 
pair a single  or  double  track  street  railway,  with  all  necessary  and 
convenient  curves,  connections,  side  tracks,  turnouts  and  switches,  in, 
upon  and  along  the  following  streets  or  highways  in  the  city  of  Chi- 
cago, towit. 

Beginning  at  Twenty-third  street,  at  the  east  line  of  South  Park  ave- 
nue, thence  west  in  and  along  said  Twenty-third  street  to  the  west  line 
of  Canal  street;  also  beginning  on  Canal  street  at  the  north  line  of 
Twenty-second  street,  thence  south  in  and  along  said  Canal  street  to 
the  south  line  of  Twenty-third  street;  also  beginning  on  Princeton 
avenue  at  north  line  of  Twenty-third  street,  thence  south  in  and  along 
said  Princeton  avenue  to  the  south  line  of  Twenty-fourth  stieet;  also 
beginning  on  Twenty-fourth  street  at  the  east  line  of  Princeton  ave- 
nue, thence  west  in  and  along  said  Twenty-fourth  street  to  the  west 
line  of  Butler  street;  also  beginning  on  Butler  street  at  the  north  line 
of  Twenty-fourth  street,  thence  south  in  and  along  said  Butler  street 
to  the  south  line  of  Twenty-eighth  street;  also  beginning  on  Twenty- 
eighth  street  at  the  east  line  of  Butler  street,  thence  west  in  and  along 
said  Twenty-eighth  street  to  the  west  line  of  Union  avenue;  also  be- 
ginning on  Union  avenue  at  the  south  line  of  Fifty-seventh  street, 
thence  north  in  and  aiong  said  Union  avenue  to  the  north  line  of 
Twenty-sixth  street;  also  beginning  on  Thirty-seventh  street  at  the 
east  line  of  Wabash  avenue,  thence  west  in  and  along  said  Thirty- 
seventh  street  to  the  west  line  of  Dearborn  street;  also  beginning  on 
Thirty-seventh  street  at  the  east  line  of  Fifth  avenue,  thence  west  in 
and  along  said  Thirty-seventh  street  to  the  west  line  of  Union  avenue; 
also  beginning  on  Forty-third  street  at  the  east  line  of  Princeton  ave- 
nue, thence  west  in  and  along  said  Forty-third  .street  to  the  west  line 
of  Halsted  street;  also  beginning  on  Fifty-seventh  street  at  the  east 
line  of  South  Park  avenue,  thence  west  in  and  along  said  Fifty- 
seventh  street  to  the  west  line  of  Wabash  avenue;  also  beginning  on 
Wabash  avenue  at  the  south  line  of  Sixty-third  street,  thence  north 
in  and  along  said  Wabash  avenue  to  the  north  line  of  Thirty-seventh 
street;  also  beginning  on  Wabash  avenue  at  the  north  line  of  Twenty- 
third  street,  thence  south  in  and  along  said  Wabash  avenue  to  the 
north  line  of  Thirty-seventh  street;  also  beginning  on  South  Park 


1404 


STREET  RAILWAYS. 


[§  603 


avenue,  at  the  south  line  of  Twenty-third  street,  thence  north  in  and 
along  said  South  Park  avenue  to  the  north  line  of  Twenty-second 
street;  also  on  Forty-third  (43rd)  street,  from  the  west  line  of  Fifth 
(5th)  avenue  to  the  east  line  of  Dearborn  street;  also  on  Dearborn 
street,  from  the  north  line  of  Forty-third  (43rd)  street  to  the  south  line 
of  Forty-fifth  (45th)  street;  also  on  Forty-fifth  (45th)  street,  from;  the 
west  line  of  Princeton  avenue  to  the  east  line  of  Ellis  avenue,  with 
the  right  to  connect  any  or  all  of  said  lines  of  street  railway  with  any 
other  street  railway  tracks,  loops  or  switches  which  may,  at  any  time, 
be  owned  or  controlled  by  or  operated  in  connection  with  said1  com- 
pany, and,  for  that  purpose,  to  construct  and  maintain  all  necessary 
switches,  curves,  loops  and  side  tracks. 

1 2.  Motive  power— underground  system— unimproved  streets.] 

§ 2.  Said  street  railway  upon  the  streets  hereinbefore  designated,  and 
the  cars  used  thereon,  may  be  operated  by  any  system  or  systems  of 
underground  cable,  or  by  any  system  or  systems  of  conduits  or  under- 
ground electric  power,  with  the  right  to  use  any  one  or  more  of  such 
systems,  and  to  change  from  any  one  of  such  systems  to  any  other 
of  such  systems.  Said  railway  company  shall  have  the  right  to  make 
all  necessary  and  convenient  excavation,  and  to  construct  and  main- 
tain proper  conduits  for  conveying  the  necessary  cables,  wires  or 
electrical  conductors  in  said  streets;  and  permission  is  hereby  given 
to  said  company  to  connect  its  wires  and  electrical  conductors,  or 
either,  with  any  power  house  or  station  or  electric  wires  which  may  be 
used  for  generating  or  conveying  the  electric  power  for  and  to  any 
such  line  or  lines  of  street  railway,  by  placing  such  connecting  wires 
along  any  street  or  streets,  alley  or  alleys,  where  it  may  be  necessary. 
And  permission  and  authority  are  hereby  granted  to  make  all  neces- 
sary connections  with  the  sewers  of  said  city  for  the  purpose  of  drain- 
ing any  conduit  or  conduits  that  may  be  constructed  or  used  by  said 
company. 

Provided,  that  on  any  street  or  streets,  or  any  part  of  any  street 
or  streets,  which  may  be  at  the  time  when  said  line  or  lines  of  street 
railway  are  constructed  thereon  unimproved, — that  is  to  say,  which 
shall  not  then  have  laid  therein  water,  gas  and  sewer  pipes,  or  which 
shall  not  then  have  been  paved, — the  said  General  Electric  Railway 
Company  may  construct,  maintain  and  operate  its  said  line  or  lines 
thereon  by  any  method  of  propulsion  other  than  horse  or  steam 
power. 

1 3.  Subways  or  viaducts  crossing  railroads— damages.]  § 3. 

Wherever  the  line  or  lines  of  said  General  Electric  Railway  Company 
shall  cross  or  intersect  the  line  or  lines  or  tracks  of  any  steam  rail- 
road company  or  companies,  said  General  Electric  Railway  Company 
may  cross  such  line  or  lines  or  tracks  of  such  steam  railroad1  com- 
pany or  companies  at  grade,  or  may  construct  subways  or  tunnels 
under  the  line  or  lines  or  tracks  of  such  steam  railroad  company  or 


§ 603] 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


1405 


companies,  or  may  build  a viaduct  or  viaducts  over  the  line  or  lines 
of  such  steam  railroad  company  or  companies,  as  it  may  see  fit;  and 
wherever  the  line  or  lines  of  said  General  Electric  Railway  Company 
shall  cross  or  intersect  the  line,  lines  or  tracks  of  any  other  street 
railway  company  or  companies,  said  General  Electric  Railway  Com- 
pany may  cross  the  tracks  of  such  other  street  railway  company  or 
companies  at  grade.  In  case  said  General  Electric  Railway  Company 
shall  cross  any  existing  steam  railroad  company^.  lines  or  tracks,  by 
either  subways  or  viaducts,  then,  in  all  such  cases,  it  shall  assume  and 
be  liable  for  any  and  all  damages  which  shall  accrue  to  any  abutting 
property  along  such  subway  or  subways,  viaduct  or  viaducts.  Wher- 
ever said  General  Electric  Railway  Company  shall  construct  a via- 
duct over  the  line  or  lines  or  tracks  of  any  steam  railroad  company 
or  companies,  under  the  provisions  of  this  section,  and  the  tracks  of 
such  steam  railroad  company  shall  subsequently  be  elevated  and  a .sub- 
way constructed  thereunder,  capable  of  use  for  the  purposes  of  said 
General  Electric  Railway  Company,  then  the  said  General  Electric 
Railway  Company  shall  thereafter  operate  its  lines  of  street  railway 
on  such  street  or  streets  through  such  subway. 

1 4.  Improvement  and  repair  of  streets.]  § 4.  Said  Gen- 
eral Electric  Railway  Company  shall  keep  paved  and  in  good  repair 
eight  (8)  feet  in  width  for  a single  track  and  sixteen  (16)  feet  m 
width  for  a double  track  street  railway  in  the  center  of  the  streets 
where  its  track  or  tracks  shall  be  laid,  provided  that  said  comp_any  may 
pave  with  stone  or  brick  that  part  of  the  streets  which  it  is  hereby 
required  to  pave. 

1 5.  Compensation  to  city — includes  preceding  ordinance.] 

§ 5.  Said  railway  company  having  been,  by  ordinance,  on  the  thir- 
teenth (13th)  day  of  January,  1896,  granted  by  the  city  council  of  said 
city  the  right  to  construct,  maintain  and  operate  street  railways  in 
certain  streets  of  said  city,  not  herein  described,  and  the  permission 
and  authority  herein  granted  over\he  streets  herein  described  being 
granted  for  the  purpose  of  extending  the  system  or  systems  or  lines 
of  street  railway  authorized  by  said  ordinance  of  January  13,  1896; 
and  it  having  been  provided  by  said  ordinance  of  January  13,  1896, 
that  said  railway  company  should  pay  to  the  city  of  Chicago  a certain 
percentage  of  its  gross  receipts,  as  follows:  “One  per  cent  for  the 

first  period  of  five  years-;  two  per  cent  for  the  second  period  of  five 
years;  two  and  one-half  per  cent  for  the  third  period  of  five  years; 
and  three  per  cent  for  the  remainder  of  the  period  of  twenty  years” 
for  which  such  license  was  granted;  therefore,  it  is  hereby  provided: 
That  the  General  Electric  Railway  Company  shall  pay  to  the  city 
of  Chicago  the  sum  of  two  hundred  dollars  ($200)  per  mile  per  year  for 
the  last  three  (3)  years  of  the  first  five  (5)  years  of  the  period  covered 
by  this  ordinance,  and  the  sum  of  three  hundred  dollars  ($300)  per 
mile  per  year  for  the  second  period  of  five  (5)  years,  and  the  sum  of 


1406 


STREET  RAILWAYS. 


[§  603 


four  hundred  dollars  ($400)  per  mile  per  year  for  the  third  period  of 
five  (5)  years,  and  the  sum  of  five  hundred  dollars  ($500)  per  mile  per 
year  for  the  fourth  period  of  five  (5)  years;  and  this  provision  as  to 
compensation  shall  apply  to  the  lines  and  streets  included  in  both 
said  former  ordinance  and  this  ordinance,  and,  as  to  said  former  ordi- 
nance this  provision  for  compensation  to  the  city  of  Chicago  shall 
stand  in  lieu  of  the  percentage  provision  -for  compensation,  such  com- 
pensation per  mile  to  be  computed  on  the  basis  of  the  number  of  miles 
of  street  (and  fraction  of  a mile,  if  any)  actually  occupied  or  used  by 
said  railway  company  under  said  former  ordinance  and  under  this 
ordinance,  and  no  further  or  other  compensation  or  payment  shall  be 
required  or  exacted  from  said  railway  company  to  said  city  than  that 
provided  for  in  this  section^  Before  entering  upon  or  breaking  the 
surface  of  any  street  included  in  such  system,  such  company  shall  ob- 
tain a permit  from  either  the  mayor,  the  commissioner  of  public  works, 
or  by  resolution  of  the  city  council  of  said  city,  which  permit  shall  be 
granted  upon  application  therefor,  and  upon  said  company  having 
complied  with  all  the  requirements  of  this  ordinance  on  its  part  to  be 
complied  with  prior  to  the  making  of  application  therefor. 

if  6.  Rate  of  fare — free  riders — transfers.]  § 6.  The  rate  of 
fare  shall  be  five  (5)  cents  for  one  continuous  ride  in  any  direction  be- 
tween the  termini  of  the  lines  of  such  system;  Provided  that  no  fare 
shall  be  charged  to-  policemen  or  firemen  in  uniform,  also-  policemen 
dressed  in  citizen  clothes.  The  passengers  upon  any  line  of  such  sys- 
tem of  street  railway  which  crosses  or  intersects  any  other  line  of 
such  system  operated  by  said  company  shall,  on  payment  of  a cash 
fare  of  five  cents,  be  transferred  from  any  line  thereof  to  another  line 
thereof  at  the  point  of  intersection  of  such  lines,  without  any  addi- 
tional fare. 

IT  7.  Heating  cars,]  § 7.  The  cars  upon  the  railway  hereby 
authorized  shall  be  provided,  during  the  months  of  November  to 
March,  inclusive,  in  each  year,  with  a heating  apparatus,  to  be  selected 
by  said  company,  which  shall  be  reasonably  effective  in  heating  said 
cars;  and  said  apparatus  shall  be  operated  at  such  times  during  said 
months  as  the  weather  shall  require,  and  on  all  cars,  both  day  and 
night. 

IT  8.  Grant  20  years.]  § 8.  The  grant  herein  given  shall  ex- 
tend for  the  period  of  twenty  years  from  the  passage  hereof. 

If  9.  Indemnity  clause — bond  ] § 9.  Safd  railway  company 

shall  indemnify  and  save  harmles-s  the  said  city  of  Chicago  from  any 
and  all  damages,  judgments,  decrees,  costs  and  expenses  which  said 
city  may  suffer,  or  which  may  be  obtained  against  said  city,  for  or  by 
reason  of  the  granting  of  the  privileges  hereby  conferred  upon  said 
company,  or  for  or  by  reason  of  the  exercise  by  said  company  of  the 
privileges  hereby  granted;  and  said  company  shall,  within  the  time 
limited  for  the  acceptance  of  this  ordinance,  file  with  the  city  clerk  of 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


1407 


603] 


said  city  a bond  to  said  city  of  Chicago,  in  the  penal  sum  of  one 
hundred  thousand  dollars  ($100,000),  with  sureties  to  be  approved  by 
the  mayor  or  by  the  city  council  of  said  city  of  Chicago,  conditioned 
for  the  protection  of  said  city  of  Chicago,  as  in  this  section  provided. 

% 10.  Acceptance — bond.]  § 10.  This  ordinance  shall  be  in 
force  and  take  effect  from  and  after  its  passage  and  acceptance  by  said 
company,  and  the  bond  aforesaid  shall  be  filed  and  this  ordinance  ac- 
cepted by  said  company  within  sixty  days  from  and  after  the  passage 
of  the  same;  otherwise  to  be  void  and  of  no  effect. 

1"  11.  Time  of  completion.]  § 11.  The  said  General  Electric 
Railway  Company  shall  lay  and  complete  at  least  three  miles  of  tracks 
under  this  ordinance  within  eighteen  months  from  the  acceptance 
hereof,  and  shall  complete  the  entire  lines  included  in  this  ordinance 
within  three  years  from  the  passage  hereof;  Provided,  that  said  Gen- 
eral Electric  Railway  Company  may,  at  any  time,  renounce  or  surren- 
der the  license  hereby  granted  to  any  street  or  streets,  or  any  portion 
thereof,  included  in  this  ordinance,  by  filling  a written  renunciation  or 
surrender  thereof  with  the  city  clerk  of  said  city,  but  that  no  such  re- 
nunciation or  surrender  shall,  in  any  manner,  prejudice  or  affect  the 
validity  of  the  license  hereby  granted  as  to  the  remaining-  portion  of 
any  such  street  or  streets  included  in  this  ordinance  and  not  included 
in  such  renunciation  or  surrender;  Provided,  further,  that  any  and 
all  time  during  which  said  work,  or  any  part  or  portion  thereof,  may  be 
enjoined  or  restrained  by  order  of  any  court,  shall  not  be  counted  or 
included  within  said  time;  and  provided,  further,  that  any  and  all  time 
during  which  the  right  of  the  said  railway  company  or  its  assigns  to 
have,  use  or  enjoy  the  privileges  and  rights  by  this  ordinance  granted, 
or  any  part  or  portion  thereof,  may  or  shall  be  in  question  in  any  legal 
proceedings  in  any  court,  shall  also  be  excluded  from1  the  time  limita- 
tion as  to  the  time  for  completion  fixed  in  and  by  this  section. 

T 12.  Conditions,  widening  certain  roadbeds— paving.]  § 12. 
The  said  General  Electric  Railway  Company,  by  accepting  this  ordi- 
nance, shall  be  held  to  agree  that  on  the  following  streets,  between  the 
points  named  respectively,  it  will  set  back  the  curb  and  curb  walls,  re- 
spectively, where  they  exist,  and  widen  the  roadbed  of  such  streets  on 
each  side  thereof  to  the  number  of  feet  hereinafter  designated,  thereby 
making  such  roadbed  on  such  streets  between  such  points  wider  to 
the  number  of  feet  indicated,  viz.:  On  Wabash  avenue,  between 

Twenty-second  and  Thirty-second  streets,  four  (4)  feet  on  each  side, 
thus  widening  the  road  bed  eight  (8)  feet;  on  Princeton  avenue,  be- 
tween Twenty-third  and  Twenty-fourth  streets,  two  (2)  feet  on  each 
side,  thus  widening  the  roadbed  four  (4  )feet;  on  Thirty-seventh  street, 
between  Union  avenue  and  Wabash  avenue,  two  (2)  feet  on  each  side, 
thus  widening  the  roadbed  four  (4)  feet;  and  pave  the  said  Thirty- 
seventh  (37th)  street  from  curb  to  curb;  the  same  to  be  without  ex- 
pense or  cost  to  the  respective  property  owners  on  said  streets,  and 


1408 


STREET  RAILWAYS. 


[§  6°4 


without  cost  of  expense  to  the  city  of  Chicago;  and  if  the  sidewalk  on 
either  side  of  either  of  said  streets  is  disturbed  or  interfered  with  by 
the  proposed  new  curb  and  curb  wall,  such  sidewalks  shall  be  read- 
justed or  rebuilt  so  as  to  conform  to  the  new  curb,  said  company  be- 
ing  permitted  to  use  the  old  material  when  practicable,  such  read- 
justment and  rebuilding  of  said  sidewalks  to  be  by  the  General  Electric 
Railway  Company,  without  cost  or  expense  to  the  abutting  property 
owners,  or  to  the  city  of  Chicago,  and  all  such  work  to  be  done  pur- 
suant to  and  under  the  direction  of  the  commissioner  of  public  works 
of  the  city  of  Chicago,  and  to  his  satisfaction;  and  said  General  Elec- 
tric Railway  Company  further  agrees,  in  consideration  aforesaid,  to 
newly  pave  said  additional  space  on  either  side  of  said  streets,  with  the 
same  materials  as  the  other  parts  of  said  streets  are  paved  with. 

Note. — See  following  agreements. 

§ 604.  General  Electric  Railway  company.  , 

Agreement  dated  February  1,  1897,  presented  to  the  city  council  by  the  mayor 
and  approved  and  ordered  published  February  1,  1897. 

This  agreement,  made  this  1st  day  of  February,  A.  D.  1897,  by  and  be- 
tween the  General  Electric  Railway  Company,  a corporation,  on  the  one  part, 
and  city  of  Chicago  on  the  other  part,  witnesseth : 

That,  whereas,  on  the  13th  day  of  January,  1896,  the  city  council  of  the 
city  of  Chicago  passed  an  ordinance  granting  certain  privileges  to  said  Gen- 
eral Electric  Railway  Company,  among  which  was  the  right  to  construct, 
maintain  and  operate  certain  street  railway  tracks  in  the  public  streets  of  the 
city  of  Chicago,  as  in  said  ordinance  is  more  particularly  specified  and  set 
forth: 

And,  whereas,  the  city  of  Chicago  subsequently,  on  the  25th  day  of  Jan- 
uary, 1897,  passed  another  ordinance  on  the  same  general  subject,  giving  said 
General  Electric  Railway  Company  the  right  to  use  and  occupy  for  street 
railroad  purposes  portions  of  certain  other  of  the  public  streets  of  said  city, 
as  is  in  said  ordinance  more  particularly  specified  and  set  forth,  which  ordi- 
nance is  now  pending  before  the  mayor  for  his  approval  or  veto: 

And  whereas,  there  are  sundry  provisions  in  each  of  said  ordinances 
which  are  objectionable  to  the  mayor  of  the  city  of  Chicago,  and  which  he 
desires  to  have  altered  and  modified  in  favor  of  the  city  by  said  company: 

Now,  therefore,  in  consideration  that  said  mayor  of  said  city  shall  not 
veto  said  ordinance  so  passed  on  the  25th  day  of  January,  1897,  but  in  consid- 
eration that  he  shall  approve  the  same,  subject  to  the  provisions  of  this 
agreement,  and  in  further  consideration  of  the  sum  of  $1,  to  said  General 
Electric  Railway  Company  paid  by  said  city,  the  receipt  whereof  is  hereoy 
acknowledged,  the  said  General  Electric  Railway  Company,  for  itself,  its 
successors  and  assigns,  hereby  enters  into  the  covenants  and  agreements 
hereinafter  set  forth,  for  the  purpose  of  altering  and  modifying  in  favor  of 
said  city  the  rights  and  privileges  derived  by  said  company  under  said  ordi- 
nances, passed  respectively  on  the  13th  day  of  January,  1896,  and  on  the  25th 
day  of  January,  1897,  hereinbefore  referred  to;  said  company  covenants  and 
agrees  as  follows: 

First— Said  company  will  and  does  hereby  surrender  and  release  any  and 
all  right  whatsoever  which  it  acquired  by  said  ordinance,  first  above  named, 
to  operate  any  of  its  lines,  in  any  of  the  streets  in  said  ordinance  named,  by 
the  overhead  trolley  system;  and,  as  to  all  streets  or  portions  of  streets  In 
which  it  may  construct  or  operate  any  lines  under  the  provisions  of  said  first 
named  ordinance,  it  will  use  only  the  means  of  propulsion  in  said  ordinance 
designated,  other  than  the  overhead  trolley  system. 


§ 604] 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


1409 


Second— On  all  the  lines  of  railroad  constructed  by  said  company  under 
the  provisions  of  either  of  said  ordinances  said  company  shall  use  only  the 
improved  grooved  rail,  of  the  pattern  now  in  use  on  the  Broadway  line  in  the 
city  of  New  York,  and  no  such  rail  as  is  now  in  use  in  the  city  of  Chicago, 
known  as  the  “girder”  rail,  shall  be  used  in  the  construction  and  equipment  of 
said  lines. 

Third — Upon  the  payment  of  one  fare,  by  cash  or  by  surrender  of  a pro- 
per ticket,  upon  any  of  the  lines  constructed  by  said  company,  its  successors 
or  assigns,  under  either  of  said  ordinances,  the  person  so  paying  shall  be  en- 
titled to  receive  a transfer  ticket  to  any  other  connecting  line  owned,  ope- 
rated or  controlled  by  said  company,  its  successors  or  assigns,  and  to  be  car- 
ried on  such  connecting  line  to  the  farthest  limit  thereof. 

Fourth— Notwithstanding  the  provision  of  section  6 of  said  last  named  or- 
dinance, that  a transfer  shall  be  given  upon  the  payment  of  a cash  fare  of 
five  cents,  said  company,  its  successors  or  assigns,  shall  and  will  and  here- 
by agrees  to  give  such  transfer  ticket  as  is  hereinbefore  in  this  agreement 
provided,  upon  the  payment  of  one  current  fare,  whether  such  fare  be  paid 
in  cash  or  by  any  ticket  furnished  by  the  company. 

Fifth — The  provisions  of  each  of  said  ordinances,  and  the  rights  derived 
by  said  company,  its  successors  or  assigns,  thereunder,  shall  be  subject  to 
ail  valid  general  ordinances  of  the  city  of  Chicago  regulating  street  railroads 
which  may  hereafter  be  passed,  notwithstanding  it  is  not  so  specified  in  either 
of  said  ordinances. 

Sixth — Each  of  said  ordinances  provides  a limitation  of  the  time  within 
which  lines  so  constructed  thereunder  must  be  built  and  put  in  operation, 
with  the  proviso  that  the  time  in  which  the  validity  of  any  such  ordinance 
may  be  in  question  in  the  courts  shall  not  be  counted  as  a part  of  the  time 
limited  in  said  ordinance  for  the  construction  of  said  lines.  Now,  it  is  agreed, 
notwithstanding  such  provisions,  that  whenever  any  bill  or  information  shall 
Hereafter  be  filed  by  any  person,  firm  or  corporation  to  restrain  the  said 
General  Electric  Railway  Company  in  any  manner,  or  to  question  the  valid- 
ity of  either  of  said  ordinances,  that  immediate  notice  thereof  shall  be  given 
to  the  corporation  counsel  of  the  city  of  Chicago,  and,  if  he  shall  think  proper, 
he  shall  have  the  right  to  intervene  in  behalf  of  the  city  of  Chicago,  and  to 
move  for  a dissolution  of  any  injunction  or  restraining  order,  and  otherwise 
to  participate  in  any  such  suit  on  behalf  of  said  city  as  he  may  think  its 
interests  require. 

In  any  such  litigation,  no  final  decree  or  order  shall  be  entered  unless  the 
corporation  counsel  shall  have  notice  of  such  proposed  decree  or  order,  and 
of  the  time  and  place  of  the  entering  of  the  same.  In  case  of  neglect  or  de- 
fault on  the  part  of  said  company,  its  successors  or  assigns,  to  give  such  no- 
tice of  the  commencement  of  any  suit,  or  of  the  entering  of  any  final  decree, 
or  order  as  above  provided,  then,  and  in  that  case,  any  such  restraining  or- 
der or  injunction  shall  have  no  effect  in  extending  the  time  within  which 
such  lines  must  be  constructed  and  in  operation  as  provided  in  the  said  ordi- 
nances respectively.  No  order  or  decree  entered  in  any  collusive  suit  shall 
have  the  effect  of  stopping  the  running  of  the  time  limitation. 

Seventh— The  permission  contained  in  Sec.  1 of  the  ordinance  of  January 
25th,  1897,  to  connect  the  lines  of  the  company,  shall  not  be  construed  as  per- 
mitting the  consU  action  of  any  tracks  in  any  streets,  or  parts  of  streets,  othei 
than  those  specifically  named  in  the  ordinance.  Such  connections  as  are 
therein  mentioned  may  be  made  only  where  the  tracks  of  said  company  inter- 
sect or  branch  off  from  each  other  in  those  streets  in  the  ordinance  particu- 
larly named. 

Eighth— The  permission  contained  in  Sec.  2 of  the  ordinance  of  January 
25,  1897,  to  permit  connecting  wires  along  the  streets,  shall  not  be  held  to 
authorize  any  such  wires  to  be  maintained  above  ground,  except  upon  unim- 
proved streets  as  hereinafter  mentioned,  and  all  electrical  conductors  of  every 
kind  shall  be  placed  underground. 

Ninth— Whenever,  under  paragraph  2 of  Sec.  2 of  said  ordinance  of  Jan- 


89 


1410 


STREET  RAILWAYS. 


[§  604 


uary  25th,  1897,  any  trolley  wire  or  overhead  electrical  system  shall  Ijave 
been  constructed  for  the  propulsion  of  cars  along  unimproved  streets,  said 
company,  its  successors  or  assigns,  shall  and  will,  within  two  years  after  any 
such  street  shall  be  improved,  remove  all  trolley  wires  and  poles,  and  will 
cease  to  operate  its  line  on  such  portion  of  said  street  or  streets  by  the  trol- 
ley system;  such  portion  of  said  line  or  lines  shall  thereafter  be  operated  by 
cable  or  by  underground  electrical  system,  or  otherwise,  as  on  other  portions 
of  said  company’s  lines. 

Tenth— The  provisions  contained  in  section  5 of  the  last  named  ordinance, 
at  the  bottom  of  page  150S  and  top  of  page  1504  of  the  Council  Proceedings 
of  January  25,  1897,  which  provides  for  obtaining  of  a permit  from  the  city 
council  by  resolution,  shall  be  and  the  same  are  hereby  eliminated  and 
stricken  out  of  said  ordinance;  and  it  is  agreed  that  neither  said  company, 
its  successors  or  assigns,  shall  have  any  right  to  obtain  such  permit  from  the 
council  as  is  provided  in  said  ordinance;  but  such  permits  shall  in  all  cases  be 
obtained  only  from  the  mayor  and  commissioner  of  public  works,  notwith- 
standing the  contrary  provisions  of  said  ordinance. 

Eleventh — All  cars  used  by  said  company,  its  successors  or  assigns,  shall 
be  constructed  with  some  reasonable  device  to  protect  the  motormen  and 
employes  from  the  inclemency  of  severe  and  stormy  weather;  such  protection 
may  be  by  means  of  a vestibule  or  some  other  similar  device. 

Twelfth— The  compensation  to  be  paid  by  said  railroad  company  for  the 
rights  and  privileges  conferred  upon  it  by  the  city  of  Chicago  in  said  two 
ordinances,  hereinbefore  mentioned,  shall  include  the  compensation  provided 
in  section  five  (5)  of  the  ordinance  of  January  25,  1897,  and  such  further  and 
additional  sums  as  will  be  produced  by  computing  the  total  amount  of  such 
compensation  in  the  following  manner,  that  is  to  say:  During  the  period  of 
five  (5)  years  next  succeeding  the  passage  of  said  ordinance  of  January  25. 
1897,  said  company  shall  not  be  obliged  to  pay  any  sum  to  the  city.  During 
the  next  period  of  five  (5)  years  said  company  shall  pay  to  the  city  of  Chi- 
cago for  such  compensation  the  sum  of  five  (5)  per  cent  of  its  total  gross  re- 
ceipts derived  from  fares  for  the  transportation  of  passengers.  During  tne 
third  period  of  five  (5)  years  said  company  shall  pay  to  the  city  of  Chicago 
for  such  compensation  the  sum  of  seven  (7)  per  cent  of  its  total  gross  receipts 
derived  from  fares  for  the  transportation  of  passengers.  During  the  fourth 
period  of  five  (5)  years  said  company  shall  pay  to  the  city  of  Chicago  for  such 
compensation  the  sum  of  ten  (10)  per  cent  of  its  total  gross  receipts  derived 
from  fares  for  the  transportation  of  passengers.  But  it  is  expressly  under- 
stood and  agreed  that  the  total  sum  to  be  so  paid,  based  on  such  percentages 
of  receipts,  shall  include  and  be  in  lieu  of  the  several  amounts  mentioned  and 
provided  for  in  said  section  five  (5)  of  said  ordinance  of  January  25,  1897,  and 
such  sums  shall  be  payable  annually  for  the  periods  of  time  and  in  the  man- 
ner hereinbefore  provided,  and  not  at  the  periods  of  time  and  in  the  manner 
provided  in  said  ordinance. 

Thirteenth— No  more  than  two  cars  shall  be  coupled  together  and  run  in 
one  train  at  any  time. 

Fourteenth— As  against  said  General  Electric  Railway  Company,  this 
contract  shall  be  construed,  treated  and  interpreted  with  the  same  force  and 
effect  as  though  its  provisions  were  respectively  embodied  and  contained  in 
said  ordinances  as  a part  thereof. 

Fifteenth— All  provisions  of  this  agreement  shall  be  binding  upon  said 
company,  its  successors  and  assigns. 

This  agreement  is  executed  by  the  authority  of  the  board  of  directors  of 
said  General  Electric  Railway  Company,  and  the  same  shall  be  obligatory 
and  binding  upon  said  company  upon  the  approval  by  the  mayor  of  the  city 
of  Chicago  of  said  ordinance  of  January  25,  1897,  now  pending  before  him, 
without  any  execution  of  this  instrument  on  behalf  of  the  city  of  Chiacgo. 

Dated,  Chicago,  February  1,  1897. 

THE  GENERAL  ELECTRIC  RAILWAY  COMPANY 
(Seal.)  By  SAMUEL  F.  HAWLEY,  President. 

Attest:  ALBERT  G.  WELCH,  Secretary. 


§ 6°s] 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


1411 


State  of  Illinois,  l 
County  of  Cook.  \ ‘ 

I,  George  A.  Dupuy,  a notary  public  in  :md  for  said  county,  in  the  state 
of  Illinois,  do  hereby  certify  that  on  this  first  day  of  February,  A.  U.  1897, 
before  me  personally  appeared  Samuel  F.  Hawley  and  Albert  G.  Welch,  re- 
spectively, the  president  and  the  secretary  of  the  General  Electric  Kail  way 
Company,  who  are  personally  known  to  me  to  be  the  same  persons  whose 
names  are  subscribed  to  the  foregoing  instrument,  and  they  severally  ac- 
knowledged that  they  signed,  sealed  and  delivered  the  said  instrument  as 
their  free  and  voluntary  act  and  as  the  free  and  voluntary  act  of  the  said 
General  Electric  Railway  Company  for  the  uses  and  purposes  therein  set 
forth. 

Witness  my  hand  and  notarial  seal  this  first  day  of  February,  A.  D.  1897. 

(Seal.)  GEORGE  A.  DUPUY,  Notary  Public. 

State  of  Illinois,  '( 

County  of  Cook.  ) ' 

I,  Albert  G.  Welch,  hereby  certify  that  I am  secretary  of  the  Geueral 
Electric  Railway  Company,  and,  as  such  secretary,  keeper  of  its  records  and 
custodian  of  its  seal,  and  that  at  a meeting  of  the  board  of  directors  of  said 
company,  held  on  Monday,  February  1,  1897,  a quorum  being  present,  the  fol- 
lowing resolution  was  unanimously  adopted: 

“Resolved,  that  the  president  and  secretary  be  and  they  are  hereby  au- 
thorized and  directed  to  execute  and  deliver  to  the  city  of  Chicago  the  agree- 
ment just  read  by  the  secretary,  a copy  whereof  is  hereunto  attached.” 

In  witness  whereof,  I have  hereunto  set  my  hand  and  affixed  the  seal  of 
the  above  named  corporation  this  first  day  of  February,  1897. 

(Seal.)  A EBERT  G.  WELCH,  Secretary. 

§ 605.  General  Electric  Railway  company. 

Supplemental  agreement  dated  February  8,  1897,  presented  to  the  city  council 
by  the  mayor  and  approved  and  ordered  published. 

This  supplemental  agreement  witnesseth,  that  the  compensation  to  be 
paid  to  the  city  of  Chicago  by  the  General  Electric  Railway  Company,  as 
provided  in  the  twelfth  paragraph  of  the  contract  between  this  company  and 
the  city  of  Chicago,  under  date  of  February  1st,  1897,  shall  be  paid  by  said 
company,  its  successors,  assigns  or  lessees,  as  the  case  may  be,  it  having 
been  the  intention,  and  it  being  hereby  so  declared,  that  such  payment  was 
and  is  to  be  made  byT  any  and  all  such  persons  or  corporations  as  may  ope- 
rate the  lines,  or  any  of  them,  mentioned  and  specified  in  the  ordinances  in 
favor  of  this  company,  passed  respectively  on  the  13th  day  of  January,  189G, 
and  on  the  25th  day  of  January,  1897,  whether  such  persons  or  corporations 
shall  succeed  to  the  rights  of  this  company  as  successor,  assign  or  lessee 
thereof. 

This  contract  is  executed  in  duplicate,  February  8th,  1897. 

THE  GENERAL  ELECTRIC  RAILWAY  COMPANY 
(Seal.)  By  SAMUEL  F.  HAWLEY,  President. 

Attest:  ALBERT  G.  WELCH,  Secretary. 

State  of  Illinois,  ) 

County  of  Cook.  ) ss‘ 

I,  Albert  G.  Welch,  hereby  certify  that  I am  secretary  of  the  General 
Electric  Railway  Company,  and,  as  such  secretary,  keeper  of  its  records  and 
custodian  of  its  seal,  and  at  a meeting  of  the  board  of  directors  of  said  com- 
pany, held  on  Monday,  February  8,  1897,  a quorum  being  present,  the  follow- 
ing resolution  was  unanimously  adopted: 


1412 


STREET  RAILWAYS. 


[§  606 


Whereas,  the  General  Electric  Railway  Company  heretofore  made  and 
entered  into^a  certain  contract  with  the  city  of  Chicago,  bearing  date  Febru- 
ary 1st,  189 1,  in  relation  to  certain  matters  between  said  company  and  said 
city;  and, 

Whereas,  it  was  the  intention  of  said  company  that  the  provisions  of  said 
contract,  and  especially  of  the  twelfth  paragraph  thereof,  in  relation  to  com- 
pensation to  be  paid  to  said  city,  should  be  binding  and  obligatory  upon  all 
persons  and  corporations  who  might  at  any  time  hereafter  operate  said  lines 
of  street  railroad  mentioned  in  the  ordinances  of  January  13,  1896,  and  of 
January  25,  1897,  whether  such  persons  or  corporations  should  succeed  to 
such  rights  as  successors,  assigns  or  lessees  of  said  General  Electric  Rail- 
way Company,  such  being  the  true  intent  and  meaning  of  said  contract  here- 
tofore executed  and  dated  February  1,  1897: 

“Therefore,  Resolved,  that  the  president  and  secretary  be  and  they  are 
hereby  authorized  and  directed  to  execute  and  deliver  to  the  city  of  Chicago 
the  supplemental  agreement  just  read  by  the  secretary,  a copy  whereof  is 
hereunto  attached.” 

In  witness  whereof,  I have  hereunto  set  my  hand  and  affixed  the  seal  of 
the  above  named  corporation,  this  eighth  day  of  February,  1897. 

(Seal.)  ALBERT  G.  WELCH,  Secretary. 

State  of  Illinois,  ) 

County  of  Cook.  ) ss* 

I,  George  A.  Dupuy,  a notary  public  in  and  for  said  county,  in  the  state 
of  Illinois,  do  hereby  certify  that  on  this  eighth  day  of  February,  A.  D.  1897, 
before  me  personally  appeared  Samuel  F.  Hawley  and  Albert  G.  Welch,  re- 
spectively the  president  and  the  secretary  of  the  General  Electric  Railway 
Company,  who  are  personally  known  to  me  to  be  the  same  persons  whose 
names  are  subscribed  to  the  foregoing  instrument,  and  they  severally  ac- 
knowledge that  they  signed,  sealed  and  delivered  the  said  instrument  as 
their  free  and  voluntary  act  and  as  the  free  and  voluntary  act  of  the  said 
General  Electric  Railway  Company  for  the  uses  and  purposes  therein  set 
forth. 

Witness  my  hand  and  notarial  seal  this  8th  day  of  February,  A.  D.  1897. 

(Seal.)  GEORGE  A.  DUPUY,  Notary  Public. 


METROPOLITAN  CITY  RAILWAY  COMPANY. 


§ 60 6. 


Metropolitan  City  Railway  Company. 

1.  Authority  to  build  and  operate. 

2.  Animal  motive  power  only. 

3.  Laying  of  tracks. 

4.  Street  improvement — repairs,  etc. 

5.  Construction  of  tracks — time  limit. 

6.  Expiration  of  grant — city  may  purchase. 

7.  Order  to  purchase — arbitration. 

8.  Vested  rights — preserved.. 

9.  Bond. 

10.  When  in  effect. 


An  ordinance  authorizing  the  construction  and  operation  of  a horse  railway  on 
Lake  street,  Lake  street  bridge  and  West  Lake  street,  from  the  Union  depot 


§ 606]  METROPOLITAN  CITY  RAILWAY  COMPANY.  1413 

at  the  foot  of  Lake  street  to  Canal  street ; on  Canal  street  from  West  Lake 

street  to  West  Fourteenth  street;  on  West  Fourteenth  street  from  Canal 

street  to  California  avenue.  (Passed  April  30,  1875.) 

IF  1.  Authority  to  build  and  operate.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  § i.  That  in  consideration 

of  the  acceptance  hereof,  and  the  undertaking  of  the  Metropolitan 
City  Railway  Company  to  comply  with  the  provisions  herein  con- 
tained, authority,  permission  and  consent  are  hereby  given,  granted 
and  duly  vested  in  said  company,  its  successors  and  assigns,  to  lay 
down,  operate  and  maintain  a single  or  double  track  railway,  with  all 
necessary  and  convenient  turnouts,  turn  tables,  side  tracks,  and 
switches  in,  upon,  over  and  along  Lake  street,  Lake  street  bridge,  and 
W est  Lake  street,  from  the  Union  depot  at  the  foot  of  Lake  street  to 
Canal  street;  on  Canal  street  from  West  Lake  street  to  West  Four- 
teenth street;  on  West  Fourteenth  street  from  Canal  street  to  Califor- 
nia avenue,  in  the  city  of  Chicago,  in  Cook  county,  in  the  state  of 
Illinois.  The  said  Metropolitan  City  Railway  Company,  after  obtain- 
ing the  consent  of  this  council,  shall  ^llow  any  other  street  railway 
company  not  at  this  time  having  a right  to  lay  a track  upon  Lake 
street  to  use  said  track  upon  said  Lake  street  between  the  Union  depot 
at  the  foot  of  Lake  street,  and  Canal  street,  by  their  paying  to  the 
said  Metropolitan  City  Railway  Company  their  proportion  of  the  cost 
of  construction  and  maintenance  of  said  track  upon  said  Lake  street 
between  the  points  above  named. 

If  2.  Animal  motive  power  only.]  § 2.  The  cars  or  carriages 
to  be  used  upon  said  track  or  tracks  hereby  authorized  to  be  con- 
structed upon  said  streets  shall  be  operated  with  animal  power  only, 
and  no  car  shall  be  run  upon  said  tracks  except  under  the  charge  of  a 
competent  driver  and  conductor,  who  shall  be  two  separate  persons, 
and  the  said  track  or  tracks  and  cars  operated  thereon  shall  be  used 
fo-r  no  other  purpose  than  to  transport  passengers  and  their  ordinary 
baggage. 

T 3.  Laying  of  tracks.]  § 3.  The  track  or  tracks  of  said  rail- 
way shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be 
laid  with  modern  improved  rails,  and  shall  be  so  laid  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  said  track  or  tracks  at 
any  and  all  points,  and  in  any  and  all  directions,  without  obstructions. 

T 4.  Street  improvements,  repairs,  etc.]  § 4.  The  said  rail- 
way company,  its  associates,  successors  and  assigns  shall  pay  one- 
third  of  the  cost  of  grading,  paving,  macadamizing  or  filling  said 
streets  or  parts  of  said  streets  on  which  it  is  hereby  authorized  to  con- 
struct said  railway,  when  said  grading,  paving,  macadamizing  or  filling 
shall  be  ordered  by  the  common  council  or  other  proper  authority  of 
said  city,  and  shall  at  all  times  keep  that  portion  of  said  streets  as 
shall  be  occupied  by  its  said  railway  in  good  repair  and  condition,  in 
accordance  with  whatever  orders  may  hereafter  be  passed  in  that  be- 


1414 


STREET  RAILWAYS. 


[§  6o6 


half  by  said  common  council;  and  said  railway  company,  its  success- 
ors and  assigns  shall  be  liable  for  all  legal  and  consequential  damages 
which  may  be  sustained  by  any  person  by  reason  of  the  carelessness, 
neglect  or  misconduct  of  any  agent  or  servant  of  said  company,  its 
successors  and  assigns,  in  the  course  of  their  employment,  in  the  con- 
struction or  the  use  of  the  said  track  or  tracks  or  railway. 

T 5.  Construction  of  tracks — time  limit.]  § 5.  The  rights 
and  privileges  hereby  granted  to  said  company  shall  be  forfeited  to  the 
city  of  Chicago  unless  the  said  railway  (excepting  that  part  of  the  same 
to  be  constructed  on  West  Fourteenth  street,  between  As'hland  ave- 
nue and  California  avenue),  shall  be  fully  completed  and  ready  for 
use  on  or  before  the  first  day  of  October,  A.  D.  1876;  Provided,  that 
if  the  said  company  shall  be  delayed  by  the  order  or  injunction  of  any 
court,  the  time  of  such  delay  shall  be  excluded,  and  the  same  time,  in 
addition  to  the  period  above  prescribed,  shall  be  allowed  for  the  com- 
pletion of  said  railway  as  that  during  which  said  company  may  have 
been  so  delayed;  and  provided,  further,  that  said  company  shall  be 
allowed  until  January  first,  A.  D.  1880,  for  the  completion  of  said 
railway  on  West  Fourteenth  street,  between  Ashland  avenue  and  Cali- 
fornia avenue. 

If  6.  Expiration  of  grant— city  may  purchase.]  § 6.  The 

right  to  operate  said  railway  shall  extend  to  the  first  day  of  January, 
A.  D.  1900,  at  which  time  the  rights  and  privileges  herein-and  hereby 
granted  to  said  company  shall  cease;  but  said  company  operating  said 
railway  at  said  time  shall  be  entitled  to  enjoy  all  of  such  rights  and 
privileges  after  the  expiration  of  said  time,  and  until  the  common 
council  shall  thereafter  elect,  by  order  for  that  purpose,  to  purchase 
said  track  or  tracks  of  said  railway,  cars,  carriages,  furniture  and  im- 
plements and  appurtenances  of  every  kind  and  description  used  in 
the  construction  and  operation  of  said  railway,  and  pay  for  the  same 
in  the  manner  hereinafter  mentioned. 

1"  7.  Order  to  purchase— arbitrators.]  § 7.  Such  order  to 
purchase  shall  fix  the  time  when  said  city  of  Chicago  will  take  such 
railway  and  other  property  before  mentioned,  which  shall  not  be  less 
than  six  months  after  the  passage  of  said  order;  and  at  the  time  of 
taking  such  railway  and  other  property  before  mentioned  the  city  of 
Chicago  shall  pay  to  the  parties  operating  the  same  a sum  of  money 
to  be  ascertained  by  three  commissioners  to  be  appointed  for  that  pur- 
pose, as  follows:  one  to  be  chosen  from  the  disinterested  freeholders 
of  Cook  county  by  the  said  common  council;  one  in  like  manner  by 
the  said  company,  its  associates  or  successors,  and  the  two  persons  so 
chosen  to  choose  the  third  from  said  freeholders. 

1 8.  Vested  rights  preserved.]  § 8.  All  rights  heretofore 
vested  in  the  board  of  water  commissioners  and  sewerage  commission- 
ers, or  other  corporations,  are  not  to  be  impaired  or  affected  by  this 


6 07] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1415 


ordinance,  but  the  rights  and  privileges  hereby  granted  are  subject 
thereto. 

1 9.  Bond..]  § 9.  The  said  Metropolitan  City  Railway  Com- 
pany shall  enter  into  a good  and  sufficient  bond  with  the  city  of  Chi- 
cago in  the  penal  sum  of  ten  thousand  dollars,  for  the  faithful  per- 
formance of  all  the  terms  and  conditions  herein  contained  in  this  or- 
dinance, and  that  said  railway  herein  mentioned)  shall  be  completed 
at  the  times  and  manner  herein  stated,  unless  delayed  by  the  order  or 
injunction  of  some  court  having  jurisdiction  of  such  matters  from  so 
cQmpleting  the  same. 

1"  10.  When  in  effect.]  § 10.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  same  shall  have  been  duly  accepted  by 
the  said  Metropolitan  City  Railway  Company,  and  the  said  company 
shall  have  made  and  executed  the  bond  provided  for  herein  in  manner 
and  form  as  hereinbefore  required;  Provided,  the  fare  on  said  road 
shall  not  exceed  five  cents  for  the  whole  distance  to  the  city  limits. 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 

§ 607.  North  Chicago  City  Railway  company. 

1.  Grant. 

][  2.  Route. 

\ 3.  Motive  power — passenger  traffic. 

1'  4.  Power  of  council. 

5.  Tracks  - how  laid. 

\ 6.  Rate  of  fare. 

7.  Street  improvement  and  repairs. 

8.  Time  of  completion. 

\ g.  Reservation  of  rights. 

10.  Term  of  grant. 

T[  11.  Bond. 

An  ordinance  authorizing  the  construction  and  operation  of  horse  railways  in  the 
north  division  of  the  city  of  Chicago.  (Passed  May  23,  1859.) 

f 1.  Grant.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § 1.  That  there  is  hereby  granted  to  the  North  Chi- 

cago City  Railway  Company  the  consent,  authority  and  permission  of 
the  common  council  to  lay  a single  track  for  a railway,  with  all  neces- 
sary and  convenient  tracks  for  turnouts,  side  tracks  and  switches,  in 
and  along  the  course  of  certain  streets  in  the  city  of  Chicago,  herein- 
after mentioned,  and  to  operate  railway  cars  and  carriages  thereon, 
in  the  manner  and  for  the  time  and  upon  the  conditions  hereinafter 
prescribed;  Provided,  however,  that,  except  in  turning  street  cor- 
ners, said  tracks  shall  not  be  laid  within  twelve  feet  of  the  sidewalk 
upon  any  of  the  streets. 


1416 


STREET  RAILWAYS. 


[§  607 


1[  2.  Route.]  § 2.  The  said  company  is  hereby  authorized 
to  lay  a single  or  double  track  for  a railway  in  and  along  the  course 
of  any  or  all  the  following  streets  in  said  city,  to  wit: 

Commencing  on  Clark  street,  in  the  north  division  of  said  city,  at 
its  intersection  with  North  Water,  and  extending  thence  north  on 
Clark  street  to  Green  Bay  road;  thence  on  Green  Bay  road  to  the 
present  or  future  northern  city  limits. 

Also,  beginning  on  said  Clark  street  at  the  intersection  of  Division 
street,  thence  west  upon  Division  street  to  Clybourn  avenue;  thence 
on  Clybourn  avenue  to  Racine  road;  thence  in  the  same  direct  line 
to  the  northern  city  limits,  whenever  a street  shall  be  opened  on  said 
line  to  said  city  limits. 

Also,  beginning  on  said  Clark  street  at  its  intersection  with  Michi- 
gan street,  and  extending  thence  east  on  Michigan  street  to  Rush 
street;  thence  north  on  Rush  street  to  Chicago  avenue;  thence  on 
Green  Bay  road  fo'  Wolcott  street;  thence  north  on  Wolcott  street 
to  Elm  street;  thence  west  on  Elm  street  to  Clark  street. 

Also,  commencing  on  Wells  street  at  its  intersection  with  North 
Water,  and  running  thence  north  to  Division  street;  thence  west  on 
Division  street  to  Sedgwick  street;  thence  north  on  Sedgwick  street 
to  its  intersection  with  Green  Bay  road. 

Also,  commencing  on  Chicago  avenue  at  its  intersection  with  Rush 
street,  and  running  thence  west  on  Chicago  avenue  to  the  north 
branch  of  the  Chicago  river. 

IF  3.  Motive  power— passenger  traffic.]  § 3.  The  cars  to  be 

used  upon  said  tracks  shall  (within  the  limits  of  the  city)  be  propelled 
by  animal  power  only,  and  the  said  tracks  and  railways  shall  be  used 
for  no  other  purpose  than  to  transport  passengers  and  their  ordinary 
baggage,  and  the  cars  or  carriages  used  for  that  purpose  shall  be  of 
the  best  style  and  class  in  use  on  such  railways. 

IT  4.  Power  of  council.]  § 4.  The  common  council  shall  have 
power  at  all  times  to  make  such  regulations  as  to  the  rate  of  speed  and 
time  or  times  of  running  said  cars  or  carriages  as  the  public  safety 
and  convenience  may  require;  Provided,  that  the  common  council 
shall  not  require  said  company  to  run  any  carriage  or  car  earlier  than 
five  o’clock  in  the  morning,  nor  later  than  eleven  o’clock  in  the  night. 

1*  5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railways 
shall  not  be  elevated  above  the  surface  of  the  streets,  shall  be  laid 
with  modern  improved  rails,  and  shall  be  so  laid  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  said  tracks  at  any  and  all 
points,  and  in  any  and  all  directions,  with  the  least  obstruction  pos- 
sible. 

IF  6.  Rate  of  fare.]  § 6.  The  rates  of  fare  for  any  distance 
within  the  city  limits  shall  not  exceed  five  cents  for  each  passenger, 
except  when  cars  and  carriages  shall  be  chartered  for  a specific  pur- 
pose. 


§ 6°7] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1417 


T 7.  Street  improvement  and  repairs.]  § 7.  The  said  com- 
pany shall,  as  respects  the  grading,  macadamizing,  paving,  filling  or 
planking  of  the  streets  or  parts  of  streets  upon  which  they  shall  con- 
struct their  said  railways,  or  any  of  them,  keep  eight  feet  in  width 
along  the  line  of  said  railway  on  all  streets  whereon  one  track  is  con- 
structed, and  sixteen  feet  in  width  along  the  line  of  said  railway 
where  two  tracks  are  constructed,  in  good  repair  and  condition  dur- 
ing all  the  time  to  which  the  privileges  hereby  granted  to  said  com- 
pany shall  extend,  in  accordance  with  whatever  order  or  regulation 
respecting  the  ordinary  repairs  thereof  may  be  passed  or  adopted  by 
the  common  council  of  said  city;  and  the  said  company  shall  be  liable 
for  all  the  legal  consequential  damages  which  may  be  sustained  by  any 
person,  by  reason  of  the  carelessness,  negligence  or  misconduct  of 
any  of  the  agents  or  servants  of  said  company  in  the  course  of  their 
employment  in  the  construction  or  use  of  said  railways  or  either  of 
them. 

8.  Time  of  completion.]  § 8.  Unless  the  said  railway,  com- 
mencing on  said  Clark  street  at  its  intersection  with  North  Water 
street,  and  extending  north  to  Green  Bay  road,  and  thence  on  Green 
Bay  road  to  the  present  or  future  northern  city  limits,  shall  be  com- 
pleted and  ready  for  use  on  or  before  the  first  dlay  of  January,  A.  D. 
i860;  and  unless  the  said  railway,  commencing  on  Clark  street  at  its 
intersection  with  Division  street,  and  extending  thence  west  on  Di- 
vision street  to  Clybourn  avenue,  thence  on  Clybourn  avenue  to  Ra- 
cine road,  thence  on  the  same  direct  line  to  the  northern  limits  of 
the  city,  shall  be  completed  on  or  before  the  first  day  of  July,  A.  D. 
1862,  or  within  six  months  after  a street  shall  have  been  opened  from 
the  intersection  of  Clybourn  avenue  and  Racine  road,  on  the  same  di- 
rect line  with  said  Clybourn  avenue,  to  the  northern  city  limits;  and 
unless  the  said  railway,  beginning  on  said  Clark  street  at  its  intersec- 
tion with  Michigan  street,  and  running  thence  east  on  Michigan  street 
to  Rush  street,  thence  north  on  Rush  street  to  Chicago  avenue,  thence 
on  Green  Bay  road  to  Wolcott  street,  thence  north  on  Wolcott 
street  to  Elm  street,  thence  west  on  Elm  street  to  Clark  street,  shall  be 
completed  on  or  before  the  first  day  of  January,  A.  D.  1861;  and  un- 
less all  the  remaining  railways  herein  mentioned  shall  be  completed 
on  or  before  the  first  day  of  January,  A.  D.  1862,  then  the  rightsi  and 
privileges  granted  to  said  company  by  virtue  of  this  ordinance  shall 
be  forfeited  to  said  city  of  Chicago,  unless  the  common  council  thereof 
shall  grant  to  said  company  a further  extension  of  time  to  construct 
the  same;  Provided,  however,  that  nothing  in  this  ordinance  shall 
be  so  construed  as  to  cause  a forfeiture  of  any  of  said  lines  which  shall 
be  completed  previous  to  the  time  herein  specified  for  their  respective 
completion;  and  provided,  further,  that,  if  said  company  shall  be  de- 
layed by  order  or  injunction  of  any  court  having  competent  jurisdic- 
tion, the  time  of  such  delay  shall  be  excluded,  and  the  same  time,  in 


1418 


STREET  RAILWAYS. 


[§  607a 


addition  to  the  periods  above  prescribed,  shall  be  allowed  for  the  com- 
pletion of  said  railways  as  that  during  which  they  may  be,  so  delayed. 

If  9.  Reservation  of  rights.]  § 9.  All  rights  heretofore  vested 
in  the  boards  of  water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  to  be  affected  by  this  ordinance,  but  the 
rights  and  privileges  hereby  granted  are  subject  thereto. 

If  10.  Term  of  grant.]  § 10.  The  rights  and  privileges 
granted  to  the  said  company  by  this  ordinance,  or  intended  so  to  be, 
shall  continue  and  be  in  force  for  the  benefit  of  said  company  for  the 
full  term  of  twenty-five  years  from  the  passage  of  this  ordinance  and 
no  longer. 

If  11.  Bond.]  § 11.  The  North  Chicago  City  Railway  Com- 
pany shall  enter  into  a bond  with  the  city  of  Chicago,  in  the  penal 
sum  of  twenty-five  thousand  dollars,  conditioned  for  the  faithful  per- 
formance by  said  company  of  all  the  terms  and  conditions  of  this  or- 
dinance, and  that  the  railways  aforesaid  shall  be  completed  at  the 
times  and  in  the  manner  specified  in  this  ordinance,  unless  delayed  by 
the  order  or  injunction  of  some  court  of  competent  jurisdiction  from 
so  completing  the  same;  and  until  such  bond  is  made  by  said  parties 
this  ordinance  is  to  have  no  force  or  effect  whatever. 

Note. — See  following  three  amendatory  ordinances. 

§ 607a.  Amendment  to  section  7 of  foregoing  ordinance. 

If  1.  Amending  section  7. 

An  ordinance  supplementary  to  and  explanatory  of  an  ordinance  entitled  “An 
ordinance  authorizing  the  construction  and  operation  of  horse  railways  in 
the  north  division  of  the  city  of  Chicago."  (Passed  June  20,  1859  ) 

1 1.  Amending  section  7 of  foregoing  ordinance.]  Be  it  or- 
dained by  the  common  council  of  the  city  of  Chicago:  § 1.  That 

section  8 [7]  of  the  ordinance  entitled  “An  ordinance  authorizing  the 
construction  and  operation  of  horse  railways  in  the  north  division  of 
the  city  of  Chicago,”  passed  May  23,  1859,  be,  and  the  same  is  hereby 
declared  to  read  as  follows:  The  said  company  shall,  as  respects  the 
grading,  paving,  macadamizing,  filling  or  planking  of  streets  or  parts 
of  streets  upon  which  they  shall  construct  their  said  railways,  or  any 
of  them,  keep  eight  feet  in  width  along  the  line  of  said  railway  on  all 
streets  where  one  track  is  constructed,  and  sixteen  feet  in  width  along 
the  line  of  said  railway  on  all  streets  where  two  tracks  are  constructed, 
in  good  repair  and  condition  during  all  the  time  to  which  the  privi- 
leges hereby  granted  to  said  company  shall  extend,  in  accordance  with 
whatever  order  or  regulation,  respecting  the  ordinary  repairs  thereof, 
may  be  passed  or  adopted  by  the  common  council  of  said  city.  And 
the  said  company  shall  be  liable  for  all  legal  consequential  damages 
which  may  be  sustained  by  any  person  by  reason  of  the  carelessness, 
negligence  or  misconduct  of  any  of  the  agents  or  servants  of  the  said 


§ § 607b,  607c]  NORTH  CHICAGO  CITY  RAILWAY  COMPANY.  1419 

company,  in  the  course  of  their  employment  in  the  construction  or 
use  of  the  railways  aforesaid,  or  any  or  either  of  them. 

§ 607b.  Extension  of  time. 

^f  1.  Grant  extended — release  of  North  Wells  street. 

An  ordinance  extending  the  time  for  the  construction  of  certain  horse  railways 
therein  mentioned,  and  compelling  the  North  Chicago  City  Railway  com- 
pany to  abandon  their  right  to  run  upon  and  construct  a railway  in  North 
Wells  street.  (Passed  December  17,  i860.) 

1 1.  Grant  extended— release  of  N.  Wells  street.]  Be  it  or- 
dained by  the  common  council  of  the  city  of  Chicago:  § I.  That 

the  North  Chicago  City  Railway  Company  shall  have  ten  years  in  ad- 
dition to  the  time  fixed  by  the  ordinance  entitled,  “An  ordinance  au- 
thorizing the  construction  and  operation  of  horse  railways  in  the  north 
division  of  the  city  of  Chicago,”  for  the  construction  of  the  several 
railways,  or  any  parts  thereof,  named  therein,  as  follows:  On  Michi- 
gan street  to  Rush  street;  thence  north  on  Rush  street  to  Chicago 
avenue;  thence  on  Green  Bay  road  to  Wolcott  street;  thence  north 
on  Wolcott  street  to  Elm  street;  thence  west  on  Elm  street  to  Clark 
street;  from  Division  street  to  Sedgwick  street;  thence  on  Sedgwick 
street  to  Green  Bay  road; also,  from  Rush  street  on  Chicago  avenue  to 
Clark  street;  Provided,  however,  and  this  extension  is  upon  this  ex- 
press condition,  that  the  said  North  Chicago  City  Railway  Company 
shall  release  all  the  right  they  now  have,  or  may  hereafter  acquire,  to 
construct  and  run  a railway  on  North  Wells  street  in  said  city,  and 
the  right  is  hereby  granted  to  said  company  to  construct  and  operate 
a horse  railway,  in  accordance  with  the  ordinance  hereby  extended, 
on  Franklin  street,  from  its  intersection  with  Chicago  avenue  nortn 
to  its  intersection  with  Division  street. 

§ 607c.  Amendment. 

T[  1.  Amending  section  1 of  the  foregoing  ordinance. 

*[[  2.  When  in  force. 

An  ordinance  amending  an  ordinance  authorizing  the  construction  and  operation 
of  horse  railways  in  the  north  division  of  the  city  of  Chicago,  passed  May  23, 
1859.  (Passed  September  3,  1877.) 

1 1.  Amending  section  1 of  the  foregoing  ordinance.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That  sec- 

tion i of  an  ordinance  authorizing  the  construction  and  operation  of 
horse  railways  in  the  north  division  of  the  city  of  Chicago,  passed 
May  23,  1859,  be  and  the  same  is  hereby  amended  by  adding  to  said 
section,  the  following,  viz.:  and  provided  further,  that  on  North  Clark 
street,  from  North  avenue  to  the  intersection  of  North  Franklin  street, 
permission  is  hereby  granted  to  said  company  to  lay  their  track  so 
that  the  easterly  track  shall  be  eight  feet  westerly  from  the  easterly 
curb  line  of  said  street  between  said  points;  and  when  any  new  im- 
provement has  been  or  may  be  ordered  by  the  city  council  on  said 


1420 


STREET  RAILWAYS. 


[§  § 608,  609 


street,  between  said  points,  said  company  shall  make  such  new  im- 
provement on  sixteen  feet  in  width  where  double  track  is  used,  and  if 
the  said  company  shall  refuse  or  neglect  to  make  such  new  improve- 
ment within  a reasonable  time,  a special  assessment  may  be  ordered 
by  said  city  council  for  the  doing  of  said  work  and  collected  as  other 
special  assessments  are  collected. 

1"  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 608.  North  Chicago  City  Railway  company. 

1.  Grant  of  right  of  way  to  North  Chicago  City  Railway  company 
— route. 

Grant  of  right  of  way  to  North  Chicago  City  Railway  company.  (Granted 
. March  2,  1861.) 

IT  1-  Grant — route,]  I,  James  H.  Rees  as  supervisor  of  the 
township  of  Lake  View,  in  the  ccfunty  of  Cook,  and  state  of  Illinois, 
by  virtue  of  my  office  as  such  supervisor,  do  hereby  assent  and  con- 
sent, that  the  North  Chicago  City  Railway  Company,  may  lay  down, 
maintain  and  operate  their  railway  in,  upon,  over  and  along  that  part 
of  the  Green  Bay  road  in  said  township  of  Lake  View,  from  the  city 
limits  of  the  city  of  Chicago,  northward  to  a point  forty  rods  north,  of 
the  north  line  of  the  southwest  quarter  of  section  twenty-eight  (28), 
township  forty  (40),  north  of  range  fourteen  (14)  east;  Provided,  the 
said  railway  shall  be  laid  by  or  before  the  first  day  of  September  next, 
to  the  line  aforesaid. 

In  witness  whereof,  I have  hereunto  set  my  hand  this  second  day  of 
March,  A.  D.  1861. 

(Signed),  JAMES  H.  REES, 

Supervisor  of  the  town  of  Lake  View. 

§ 609.  North  Chicago  City  Railway  company. 

1.  Grant  of  rights  of  way — route. 

Grant  of  rights  of  way  of  North  Chicago  City  Railway  company.  (Granted 

October  2,  1863.) 

If  1.  Grant — route.]  I,  James  H.  Rees,  as  supervisor  of  the 

township  of  Lake  View,  in  the  county  of  Cook,  and  state  of  Illinois, 
by  virtue  of  my  office,  as  such  supervisor,  do  hereby  assent  and  con- 
sent, that  the  North  Chicago  City  Railway  Company,  may  lay  down, 
maintain,  and  operate  their  railway  in,  upon,  over  and  along,  that  part 
of  the  public  highway  in  said  town,  the  center  line  of  which  runs  as 
follows:  Beginning  at  a point  in  the  south  line  of  the  northwest  quar- 
ter of  section  28,  300  chains,  or  198  feet  west  of  the  north  and  south 
center  line  of  the  said  quarter  section,  being  a point  in  the  center  of 
the  Green  Bay  road  near  the  house  of  Dr.  Charles  V.  Dyer,  running 
thence  north-eastwardly  on  a curve  of  825  feet  radius,  and  541  feet 
long,  meeting  the  said  north  and  south  center  line  of  the  N.  W.  34 


§ 6io] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1421 


of  section  28  at  535  feet  (or  8.10  chains)  north  of  the  south  line  of  the 
said  N.  W.  quarter;  thence  north  along  said  center  line  2,100  feet, 
more  or  less,  to  the  north  line  of  section  28;  thence  north  along  the 
east  line  of  the  west  half  of  the  southwest  fractional  quarter  of  section 
21,  983  feet  more  or  less  to  a point  7 feet  south  of  the  north  line  pro- 
duced of  lots  24  and  31  in  Pine  Grove  subdivision;  thence  north  22  de- 
grees, 30  minutes  west  3,327  feet  more  or  less  on  a line  parallel  to,  and 
33  feet  from  the  west  line  of  blocks  5,  8,  11,  13  and  16  of  Hundley's 
subdivision  of  sundry  lots  and  original  lots  22  and  23  in  Pine  Grove 
subdivision,  to  a point  in  the  west  line  of  the  N.  W.  of  fractional 
section  21,  29  feet  north  of  the  south  line  produced1,  of  Grace  street, 
in  the  subdivision  of  the  northeast  quarter  of  section  20;  thence  north 
along  the  west  line  of  section  21,  741  feet,  to  a point  494  feet  south 
of  northwest  corner  of  said  section  21;  thence  N.  24  degrees,  45  min- 
utes W.  546  feet  to  the  section  line  between  sections  seventeen  and 
twenty,  being  the  center  of  a road  known  as  Albert  street;  thence 
west  on  said  section  line,  the  center  of  Albert  street,  to  the  Green 
Bay  road. 

Provided,  that  said  railway  shall  be  laid  by  the  first  d!ay  of  June 
next,  and,  provided,  further,  that  said  company  shall  leave  said  high- 
way in  as  good  condition  for  ordinary  travel  as  it  now  is. 

In  witness  whereof,  I have  hereunto  set  my  hand  this  second  day 
of  October,  A.  D.  1863. 

(Signed),  JAMES  H.  REES, 

Supervisor  of  the  town  of  Lake  View. 

§ 610.  North  Chicago  City  Railway  company. 

1.  Connection  with  C.  C.  Ry.  Co.  on  State  street  bridge. 

2.  Subject  to  ordinance  of  May  23,  1859. 
f 3.  Street  improvements  and  repairs. 

An  ordinance  authorizing  the  connection  of  the  tracks  of  the  horse  railways  of 

the  North  Chicago  City  Railway  and  the  Chicago  City  Railway  companies. 

(Passed  January  18,  1864.) 

1"  1.  Connection  with  C.  C.  Ry.  Co.  on  State  street  bridge.] 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1. 

That  the  North  Chicago  City  Railway  Company  is  hereby  authorized 
to  lay  a single  or  double  track,  with  the  necessary  curves  and  ap- 
pendages, in  and  along  Wolcott  street,  in  the  city  of  Chicago,  from  its 
intersection  with  Michigan  street,  to  the  center  of  the  Chicago  river, 
at  such  points  and  in  such  way  as  that  they  may  make  connections 
with  the  tracks  of  the  Chicago  City  Railway  Company  (by  arrange- 
ment with  said  company)  at  such  center  of  the  river,  thereby  making 
continuous  lines  of  horse  railway  between  the  different  divisions  of  the 
city;  and  for  this  purpose  the  last  named  company  is  authorized  to 
lay  a single  or  double  track  with  the  necessary  curves  and  appendages, 
from  the  present  point  of  intersection  of  the  tracks  of  said  last  named 


1422 


STREET  RAILWAYS. 


[§  6ll 


company  on  State  street,  with  Lake  street  in  said  city  of  Chicago,  in 
and  along  said  State  street  to  the  center  of  the  Chicago  river. 

If  2.  Subject  to  ordinance  of  May  23,  1859.]  § 2.  The  con- 
struction and  operation  of  any  road  or  roads  that  may  be  built  under 
this  ordinance,'  shall  be  subject  to  all  the  rules  and  limitations  and  re- 
strictions that  are  prescribed  in  the  ordinance  heretofore  passed  by 
the  common  council,  entitled  “An  ordinance  authorizing  the  construc- 
tion and  operation  of  horse  railways  in  the  north  division  of  the  city 
of  Chicago,”  approved  May  23,  1859. 

Tf  3.  Street  improvements  and  repairs.]  § 3.  That  the  said 
companies  shall  if  a single  track  be  laid,  pave,  macadamize,  gravel  or 
otherwise  improve  in  accordance  with  such  ordinances  as  may  be 
passed  by  the  common  council,  eight  feet  in  width  on  the  street  oc- 
cupied by  said  track;  and  if  a double  track  be  laid,  they  shall  pave, 
macadamize,  gravel  or  otherwise  improve  in  accordance  with  such  or- 
dinances as  may  be  passed  by  the  common  council,  sixteen  feet  in 
width,  on  the  street  occupied  by  said  track;  Provided,  the  form  of  rail 
to  be  used  on  said  railroads,  shall  be  the  best  and  most  modern  im- 
proved tram  rail;  And  provided,  further,  in  case  any  or  either  of  said 
railroad  companies  should  fail  to  comply  with  the  provisions  of  this 
ordinance,  or  any  previous  ordinance  granting  railroad  privileges  to 
said  companies,  that  the  privileges  hereby  granted  shall  cease  and  be- 
come forfeited. 

§ 61 1.  North  Chicago  Cify  Railway  company. 

•[[  1.  Grant  for  extension — route. 

2.  Time  of  completion, 
f 3.  Subject  to  ordinance  of  May  23,  1859. 

^f  4.  Funeral  cars — rate — agreement  with  other  companies. 

■f  5.  Street  improvements  and  repairs. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  extend 
their  tracks  on  certain  streets.  (Passed  August  n,  1864.  Accepted  August 
18,  1864.) 

If  1.  Grant  for  extension— route,]  Be  it  ordained  by  the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority be  and  is  hereby  granted  to  the  North  Chicago  City  Railway 
Company  to  construct,  maintain  and  operate  a single  or  double  track 
railway,  with  the  necessary  curves  and  side  tracks,  as  an  extension  of 
the  lines  of  railway  now  operated  by  said  company,  on  the  following 
streets,  to  wTit:  commencing  at  Chicago  avenue  and  running  on  Lar- 
rabee  street  to  Little  Fort  road,  and  thence  on  Little  Fort  road  to  the 
present  or  future  city  limits;  and  commencing  at  Larrabee  street  and 
running  east  on  Linden  street  and  Eugenie  street  to  Wells  street,  and 
thence  across  Wells  street,  and  on  any  street  that  may  hereafter  be 
laid  out,  to  Green  Bay  road;  except  that  on  Larrabee  street  from  Chi- 
cago avenue  to  the  north  side  of  Hawthorne  avenue,  only  a single 
track  shall  be  laid. 


§ 6 1 1]  NORTH  CHICAGO  CITY  RAILWAY  COMPANY.  1423 

1"  2.  Time  of  completion.]  § 2.  The  line  on  Larrabee  street, 
between  Clybourn  avenue  and  Center  street,  shall  be  completed  with- 
in sixty  days  after  the  passage  of  this  ordinance,  unless  restrained  by 
a court  of  competent  jurisdiction,  and  the  other  lines  of  railways  here- 
inbefore mentioned  shall  be  completed  as  soon  as  practicable  after  the 
passage  of  this  ordinance;  but  whenever  the  common  council  shall  de- 
termine that  the  public  interest  requires  any  of  said  lines  to  be  con- 
structed, and  pass  an  ordinance  that  any  of  said  lines  shall  be  con- 
structed, in  a period  of  time  not  less  than  ninety  days  after  the  passage 
of  said  ordinance,  and  actual  notice  thereof  to  said  company,  it  shall 
be  the  duty  of  said  company  to  comply  with  said  ordinance;  Pro- 
vided, the  work  shall  not  be  required  to  be  done  between  the  first  day 
of  November  and  the  first  day  of  May. 

Tf  3.  Subject  to  ordinance  of  May  23,  1859.]  § 3.  The  per- 
mission and  authority  hereby  granted  are  made  subject  to  all  the  re- 
strictions and  conditions,  the  rights  and  privileges,  mentioned  in  the 
ordinance  passed  by  the  common  council  on  the  twenty-third  day  of 
May,  1859,  entitled,  “An  ordinance  authorizing  the  construction  and 
operation  of  horse  railways  in  the  north  division  of  the  city  of  Chi- 
cago,except  as  otherwise  herein  provided,  reserving  to  the  common 
council  the  right  to  regulate  the  laying  down  of  tracks,  and  the  kind 
of  rail  to  be  used. 

1 4.  Funeral  cars — rate — agreements  with  other  companies.] 

§ 4.  The  said  railway  company  shall  keep  on  hand  a sufficient  num- 
ber of  cars  adapted  to  funeral  purposes,  in  which  shall  be  suitable  com- 
partments for  the  carrying  of  the  corpse  by  itself ; and,  on  the  applica- 
tion of  any  person,  shall  furnish  not  exceeding  three  cars,  unless1  more 
shall  be  agreed  upon,  at  any  designated  point  on  the  lines  of  any  of 
its  roads,  to  convey  the  corpse  and  persons  attending  the  funeral  to 
any  cemetery  to  which  their  lines  or  connections  may  extend;  Pro- 
vided, that,  if  their  funeral  cars  are  all  engaged  for  funeral  purposes 
before  any  such  application  is  made,  the  company  shall  not  be  bound 
to  furnish  the  same  until  such  prior  engagement  is  fulfilled.  Said  com- 
pany shall  be  entitled  to  charge  not  exceeding  two  dollars  for  each 
corpse,  and  not  exceeding  twenty  cents  for  the  round  trip  for  each 
person  conveyed  on  such  funeral  occasion.  The  said  company  shall, 
on  its  part,  make  an  arrangement  with  the  Chicago' City  Railway  Com- 
pany and  the  Chicago  West  Division  Railway  Company,  as  soon  as 
the  bridge  is  built  across  Chicago  river  at  State  street,  to  convey  the 
cars  of  either  of  said  companies,  used  for  funeral  purposes,  over  the 
tracks  of  said  North  Chicago  City  Railway  Company,  to  any  cemetery 
to  which  its  lines  extend,  so  that  the  charge  for  conveying  any  corpse 
from  any  part  of  the  city  on  any  of  the  lines  of  said  companies  shall 
not  exceed  three  dollars,  and- for  each  person  attending  said  funeral 
shall  not  exceed  twenty-five  cents  for  the  round  trip  to  and  from  any 


1424  STREET  RAILWAYS.  [§  6n 

such  cemetery,  which  shall  be  in  full  for  all  the  charges  to  all  of  said 
companies. 

1 5.  Street  improvements  and  repairs.]  §,  5.  The  said  rail- 
way company,  its  successors  or  assigns,  as  respects  grading,  paving, 
macadamizing,  filling  or  planking,  shall  at  their  own  expense  keep 
eight  feet  where  a single  track  is  used,  and  sixteen  feet  where  a double 
track  is  used,  of  said  streets  or  parts  thereof  so  occupied,  ini  good  re- 
pair, so  that  wagons,  carriages  and  other  vehicles  can  pass  and  repass 
at  any  and  all  points  and1  in  any  and  all  directions,  and  when  any  new 
improvement,  paving,  repaving,  planking  or  replanking  is  ordered  by 
the  common  council  in  any  of  said  streets,  or  parts  of  streets,  the  said 
railway  company  shall,  in  the  same  manner,  and  with  like  material  as 
required  of  the  owners  of  property  as  to  other  parts  of  the  street,  make 
such  new  improvements,  on  eight  feet  where  a single  track  is  used, 
or  sixteen  feet  where  a double  track  is  used;  and  if  the  said  company 
shall  refuse  or  neglect  to  make  such  new  improvement  within  a rea- 
sonable time,  to  be  fixed  by  the  ordinance,  the  work  may  be  done  by 
the  city,  and  the  cost  thereof  assessed  by  the  board  of  public  works  on 
said  company,  and  collected  as  other  assessments,  from  any  real  or 
personal  property  of  said  company.  But  if  the  board  of  public  works 
should  deem  it  inexpedient  that  said  new  improvement  should  be  so 
made  by  said  company,  then  the  same  shall  be  done  by  the  city  as  in 
other  cases,  and  the  cost  thereof  assessed  upon  and  collected  of  said 
company  in  manner  as  aforesaid.  And  if  the  said  company  shall  re- 
fuse or  neglect  to  make  any  necessary  repairs  as  aforesaid,  or  the 
repairs  required  by  any  ordinances  heretofore  passed,  after  twenty 
days’  notice  from  the  board  of  public  works,  the  city  may  make  the 
repairs  and  collect  the  cost  thereof  by  suit  at  law  in  any  court  of 
competent  jurisdiction. 

Stipulation  in  reference  to  foregoing  ordinance: 

August  iStht,  1864. 

At  a meeting  of  the  directors  of  the  North  Chicago  City  Railway 
Company,  held  at  the  office  of  said  company  this  eighteenth  day  of 
August,  A.  D.  1864,  the  following  resolutions  were  adopted: 

‘‘Resolved,  That  the  North  Chicago  City  Railway  Company  will 
and  do  hereby  accept  an  ordinance  passed  by  the  common  council  of 
the  city  of  Chicago  on  the  nth  day  of  August,  A.  D.  1864,  entitled 
‘An  ordinance  authorizing  the  North  Chicago  City  Railway  Company 
to  extend  their  tracks  on  certain  streets,’  and  in  so  accepting  the  said 
ordinance,  the  said  railway  company  declare  that  wherever  the  words 
‘eight  feet’  and  ‘sixteen  feet’  occur  in  the  fifth  section  thereof,  they 
mean,  and  shall  be  held  to  mean,  ‘eight  feet  in  width,’  and  ‘sixteen  feet 
in  width.’ 

“Resolved,  That  a certified  copy  of  these  resolutions  be  delivered  to 
the  city  of  Chicago.” 

(Seal.)  JOHN  J.  GRAHAM,  Sec’y  pro  tern. 


§ 612] 


NORTH  CHICACO  CITY  RAILWAY  COMPANY. 


1425 


§ 612.  North  Chicago  City  Railway  company. 

1.  Grant  for  extension — route. 

2.  Subject  to  ordinance  of  May  23,  1859. 

\ 3.  Time  of  completion. 

T[  4.  When  in  effect — acceptance. 

An  ordinance  in  relation  to  laying  a railroad  track  on  Lincoln  avenue.  (Passed 
May  8,  1871.  Accepted  June  5,  1871.) 

^ 1.  Grant  for  extension — route.]  Be  it  ordained  by  -the  com- 
mon council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority is  hereby  granted  to  the  North  Chicago  City  Railway  Company 
to  construct,  maintain  and  operate  a single  or  double  track  railway, 
with  the  necessary  curves  and  side  tracks,  as  an  extension  of  the  lines 
now  operated  by  said  company,  on  the  following  streets,  to  wit:  Com- 
mencing at  North  Clark  street,  and  running  west  on  Center  street  to 
Lincoln  avenue,  and  thence  along  said  avenue  to  the  present  or  fu- 
ture limits  of  the  city. 

If  2.  Subject  to  ordinance  of  May  23,  1859.]  § 2.  The  per- 
mission and  authority  hereby  granted  are  made  subject  to  all  the  re- 
strictions and  conditions,  the  rights  and  privileges,  mentioned  in  the 
ordinance  passed  by  the  common  council  on  the  23d  day  of  May, 
1859,  entitled,  “An  ordinance  authorizing  the  construction  and  opera- 
tion of  ho-rse  railways  in  the  north  division  of  the  city  of  Chicago,”  and 
all  contracts  by  and  between  the  common  council  of  the  city  of  Chi- 
cago and  the  North  Chicago  Railway  Company,  applicable  to  the  line 
of  said  railway  on  North  Clark  street,  shall  be  and  is  hereby  extended 
to  its  said  line  on  said  Center  street  and  Lincoln  avenue. 

1 3.  Time  of  completion.]  § 3.  The  said  company  shall  com- 
plete a single  track  in  said  streets,  from  North  Clark  street  to  Fuller- 
ton avenue,  on  or  before  the  first  day  of  June,  1872,  unless  restrained 
by  some  court  of  competent  jurisdiction. 

1 4.  When  in  effect— acceptance.]  § 4.  This  ordinance  shall 
take  effect  whenever  it  shall  be  accepted  by  said  company,  but  unless 
accepted  within  thirty  days  after  the  passage  thereof,  the  same  shall  be 
null  and  void. 

RESOLUTION  OF  COMPANY  ACCEPTING,  DATED  JUNE  5,  1871. 

To  the  Honorable  the  Mayor  and  Common  Council  of  the  city  of  Chicago: 

The  North  Chicago  City  Railway  Company  respectfully  submit  the  fol- 
lowing resolution,  passed  by  its  board  of  directors  on  the  5th  day  of  June, 
1871: 

Whereas,  the  common  council  of  the  city  of  Chicago  passed  an  ordinance 
on  the  8th  day  of  May,  1871,  which  was  approved  by  the  mayor  on  the  15th 
day  of  the  same  month,  granting  permission  to  the  North  Chicago  City  Rail- 
way Company  to  use  portions  of  Center  street  and  Lincoln  avenue  for  the 
construction  and  operation  of  railway  tracks;  and,  whereas,  there  is  no  time 
expressly  named  or  referred  to  in  said  ordinance  as  the  period  of  time  during 
which  such  permission  shall  run,  and  there  is  now  doubt  expressed  as  to  the 
true  meaning  and  construction  of  said  ordinance,  as  to  the  extent  of  the 

90 


1426  STREET  RAILWAYS.  [§613 

rights  and  privileges,  as  well  as  the  conditions  and  restrictions  thereof:  Now, 
therefore, 

Resolved,  that  the  North  Chicago  City  Railway  Company  hereby  accept 
said  ordinance,  and  assents  to  the  proposition  herein  contained;  Provided, 
that  said  ordinance  be  construed  to  mean  that  said  railway  company  may 
have  the  same  rights  and  privileges  that  it  now  has  on  North  Clark  street, 
shall  be  subject  to  the  same  conditions  and  restrictions  now  imposed  on  said 
company  on  North  Clark  street,  and  may  use  parts  of  streets  designated  in 
said  ordinance  for  the  same  length  of  time  it  is  now  authorized  to  use  North 
Clark  street,  and  that  the  common  council  assent  to  this  construction. 

In  witness  whereof,  I,  H.  N.  Towner,  secretary  of  the  North  Chicago  City 
Railway  Company,  have,  on  this  5th  day  of  June,  1871,  signed  my  name  and 
affixed  the  seal  of  said  corporation. 

(Seal.)  H.  N.  TOWNER,  Secretary. 

RESOLUTION  OF  ACCEPTANCE  BY  THE  COUNCIL,  PASSED  MAY  6, 

1872. 

Resolved,  that  the  city  of  Chicago  assent  to  the  acceptance  of  the  North 
Chicago  City  Railway  Company,  by  resolution  of  June  8,  1871,  of  the  ordi- 
nance authorizing  it  to  use  parts  of  Center  street  and  Lincoln  avenue,  passed 
May  8,  1871,  and  approved  May  15,  1871,  but  the  time  for  which  said  company 
may  use  said  parts  of  streets  as  provided  in  the  ordinance  is  fixed  at  twenty- 
five  years  from  and  after  the  passage  of  the  ordinance,  and  the  time  for  com- 
pleting said  tracks  is  extended  from  the  1st  day  of  June,  1872,  for  ninety 
days;  Provided,  that  nothing  herein  contained,  or  in  the  original  ordinance, 
shall  be  so  construed  as  to  give  the  sanction,  consent  or  assent  of  this  com- 
mon council  to  the  ninety-nine  year  franchise  claimed  by  said  railway  com- 
pany, or  any  other  horse  railway  company,  under  the  act  of  the  general  as- 
sembly entitled  “An  Act  concerning  horse  railways  in  the  city  of  Chicago,” 
passed  over  the  governor’s  veto,  February  6,  1865. 

§ 613.  North  Chicago  City  Railway  company. 

1.  Connection  with  the  C.  C.  Ry.  Co.  on  Clark  street  bridge. 

2.  Subject  to  ordinance  of  May  23,  1859. 

3.  Street  repairs  and  improvements. 

4.  Term  of  grant. 

An  ordinance  authorizing  the  connection  of  the  tracks  of  the  horse  railway  of 

the  North  Chicago  City  railway  and  the  Chicago  City  railway  on  Clark 

street.  (Passed  November  20,  1871.) 

1 1.  Connection  with  C.  C.  Ry.  Co.  on  Clark  street  bridge.] 

Be  it  ordained  by  the  common  council  of  the  city  of  Chicago:  § 1. 

That  the  North  Chicago  City  Railway  Company  is  hereby  authorized 
to  lay  a double  track,  with  the  necessary  appendages,  in  and  along 
North  Clark  street  in  the  city  of  Chicago,  from  its  intersection  with 
North  Water  street  to  the  center  of  Chicago  river,  in  such  a way  that 
it  may  make  connections  with  the  tracks  of  the  Chicago  City  Railway 
Company  at  such  center  of  the  river,  on  the  bridge;  and  the  last- 
named  company  is  authorized  to  lay  a double  track,  with  the  neces- 
sary appendages,  from  the  center  of  the  Chicago  river,  on  the  bridge, 
connecting  with  the  tracks  of  the  former  company,  and  thereby  mak- 
ing a continuous  line  to  the  court  house  for  the  North  Chicago  City 
Railway  Company,  under  its  lease  and  contract  with  the  Chicago  City 


§ 614]  NORTH  CHICAGO  CITY  RAILWAY  COMPANY.  1427 

Railway,  and  a connection  between  the  lines  of  said  companies  on 
Clark  street. 

If  2.  Subject  to  ordinance  of  May  23,  1859.]  § 2.  The  con- 

struction and  operation  of  the  tracks  that  may  be  built  under  this  or- 
dinance shall  be  subject  to  all  the  rules  and  limitations  and  restrictions 
that  are  prescribed  in  the  ordinance  heretofore  passed  by  the  common 
council,  entitled,  “An  ordinance  authorizing  the  construction  and  op- 
eration of  horse  railways  in  the  north  division  of  the  city  of  Chicago,” 
approved  May  23,  1859. 

6.  Street  repairs  and  improvements.]  § 3.  That  the  said 
companies  shall  pave,  macadam,  gravel,  or  otherwise  improve,  in  ac- 
cordance with  such  ordinances  as  may  be  passed  by  the  common  coun- 
cil, sixteen  feet  in  width  on  the  streets  occupied  by  said  track. 

Tf  4.  Term  of  grant.]  § 4.  The  rights  and  privileges  herein 

and  hereby  granted  shall  continue  for  the  term  of years  after 

the  passage  of  this  ordinance,  and  it  shall  not  be  construed  so  as  to 
affect  in  any  way  the  extension  of  time  granted  by  the  legislature,  in 
an  act  entitled,  “An  Act  concerning  horse  railways  in  the  city  of  Chi- 
cago,” passed  February  6,  1865,  it  not  being  the  intention  of  the  com- 
mon council,  or  said  company,  by  the  passage  and  acceptance  of  this 
ordinance,  to  ratify  or  modify  such  extension  of  time. 

§ 614.  North  Chicago  City  Railway  company. 

Tf  1.  Grant. 

% 2.  Route— Wells  street  bridge. 

^f  3.  Motive  power. 

4.  Power  reserved — council. 

\ 5.  Tracks — how  laid. 

]f  6.  Improvement  and  repair  of  streets. 

]f  7.  Time  of  completion. 

\ 8.  Term  of  grant — right  to  purchase. 

\ 9.  Arbitrators  for  purchase  price. 

]f  10.  Rights  reserved, 
if  11.  Indemnity  bond. 

\ 12.  Lessee  of  C.  C.  Ry.  Co. 
if  13.  When  in  force — acceptance. 

An  ordinance  authorizing  the  construction  and  operation  of  a horse  railway  on 
Fifth  avenue,  north  of  Randolph  street,  and  over  and  upon  the  bridge  across 
the  Chicago  river  known  as  Wells  street  bridge,  and  on  Wells  street  to  Clark 
street,  in  the  city  of  Chicago.  (Passed  October  26,  1874.) 

If  1.  Grant.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago  : § 1.  That  in  consideration  of  the  acceptance  hereof,  and 

the  undertaking  of  the  North  Chicago  Railway  Company  to  comply 
with  the  provisions  hereof,  authority,  permission,  and  consent  are 
hereby  given,  granted  and  duly  vested  in  the  said  company,  its  suc- 
cessors and  assigns,  to  construct,  lay  down,  operate,  and  maintain  a 
double  track  railway,  with  all  necessary  turnouts,  side  tracks,  and 
switches,  in,  upon  and  along  the  course  of  certain  streets  in  the  city 
of  Chicago  hereafter  named,  and  over  a certain  bridge  across  Chicago 


1428 


STREET  RAILWAYS. 


[§  614 


river,  and  to  operate  railway  cars  or  carriages  thereon  in  the  manner 
and  for  the  time,  and  upon  the  conditions  hereinafter  prescribed;  Pro- 
vided, the  tracks  of  said  railway  shall  not  be  laid  within  twelve  feet  of 
the  sidewalks  upon  any  of  the  said  streets. 

3.  Route— Wells  street  bridge.]  § 2.  That  said  railway 
company  is  hereby  authorized  to  lay  a single  or  double  track  for  a 
railway  in  and  along  and  upon  the  following  streets  and  bridge  in  said 
city,  to  wit:  Commencing  north  of  Randolph  street,  and  extending 

north  along  Fifth  avenue  over  and  along  said  Fifth  avenue  to  the  Chi- 
cago river,  thence  upon  and  over  the  bridge  known  as  Wells  street 
bridge,  across  said  river,  thence  extending  north  along  Wells  street 
to  the  intersection  of  the  same  with  North  Clark  street  and  connecting 
with  the  railway  tracks  on  said  Clark  street,  or  any  other  tracks  now 
in  use  at  intermediate  points. 

T 4.  Motive  power.]  § 3.  The  cars  to  be  used  upon  said 
tracks  hereby  authorized  to  be  constructed  upon  said  Fifth  avenue 
said  bridge,  and  said  Wells  street,  shall  be  operated  with  animal  power 
only,  and  no  railway  car  or  carriage  used  by  any  other  railroad  com- 
pany in  this  state  shall  be  used  upon  or  passed  over  said  tracks. 

T 5.  Power  reserved  in  council.]  § 4.  The  said  tracks  and 
cars,  or  carriages,  operated  thereon  shall  be  used  for  no  other  purpose 
than  to  transport  passengers  and  their  ordinary  baggage;  and  the  cars 
or  carriages  used  for  that  purpose  shall  be  of  the  best  style  and  class 
in  use  on  such  railways;  and  the  common  council  shall  have  the  pow- 
er at  all  times  to  make  such  regulations  as  to  the  rate  of  speed  and 
time  of  running  said  cars  or  carriages  as  said  council  may  require. 

6.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails;  and  shall  be  so  laid  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  said  track  or  tracks  at  any  and  all 
points,  and  in  any  and  all  directions  without  obstruction. 

1 7.  Improvement  and  repair  of  streets.]  § 6.  The  said  rail- 
way company,  its  associates,  successors,  and  assigns,  shall  pay  one- 
third  of  the  cost  of  grading,  paving,  macadamizing,  or  filling  said 
streets,  or  part  of  said  streets,  on  which  it  is  hereby  authorized  to  con- 
struct said  railway,  and  shall  at  all  times  keep  that  portion  of  said 
streets  as  shall  be  occupied  by  its  said  railway  in  good  repair  and  con- 
dition, in  accordance  with  whatever  orders  may  be  hereafter  passed  in 
that  behalf  by  said  common  council;  and  said  railway  company,  its 
successors  and  assigns,  shall  be  liable  for  all  legal  and  consequential 
damages  which  may  be  sustained  by  any  person  by  reason  of  the  care- 
lessness, neglect,  or  misconduct  of  any  agent  or  servant  of  said  com- 
pany, its  successors  and  assigns,  in  the  course  of  their  employment 
in  the  construction,  or  the  use  of  said  tracks  or  railway. 

IF  8.  Time  of  completion.]  § 7.  The  rights  and  privileges 


§ 614]  NORTH  CHICAGO  CITY  RAILWAY  COMPANY.  1429 

hereby  granted  to  said  company  shall  be  forfeited  to  the  city  of  Chi- 
cago, unless  the  said  railway  shall  be  fully  completed  and  ready  for 
use  on  or  before  the  first  day  of  July,  A.  D.  1875;  Provided,  that  if 
said  company  shall  be  delayed  by  the  order  or  injunction  of  any  court, 
the  time  of  such  delay  shall  be  excluded,  and  the  same  time,  in  addi- 
tion to  the  period  above  prescribed,  shall  be  allowed  for  the  completion 
of  said  railway,  as  that  during  which  said  company  may  have  been  so 
delayed. 

f 9.  Term  of  grant— right  to  purchase.]  § 8.  The  right  to 
operate  said  railway  shall  extend  to  the  first  day  of  October,  A.  D. 
1894,  at  which  time  the  rights  and  privileges  herein  and  hereby  granted 
to  said  company  shall  cease;  but  said  company  operating  said  rail- 
way at  said  time,  shall  be  entitled  to  enjoy  all  of  such  rights  and  privi- 
leges after  the  expiration  of  said  time,  and  until  the  common  council 
shall  hereafter  elect,  by  order  for  that  purpose,  to  purchase  said  tracks 
of  said  railway,  cars,  carriages,  furniture,  and  implements  of  every 
kind  and  description  used  in  the  construction  and  operation  of  said 
railway,  and  pay  for  the  same  in  the  manner  hereinafter  mentioned. 

If  10.  Arbitrators  for  purchase  price.]  § 9.  Such  order  to 
purchase  shall  fix  the  time  when  said  city  of  Chicago  will  take  such 
railways  and  other  property  before  mentioned,  which  shall  not  be  less 
than  six  months  after  the  passage  of  said  order,  and  at  the  time  of 
taking  said  railways  and  other  property  before  mentioned,  the  city 
of  Chicago  shall  pay  to  the  parties  operating  the  same  a sum  of  money 
to  be  ascertained  by  three  commissioners,  to  be  appointed  for  that  pur- 
pose, as  follows:  One  to  be  chosen  from  the  disinterested  freeholders 
of  Cook  county  by  the  said  common  council;  one  in  like  manner  by 
the  cpmpany,  its  associate,  or  successors;  and  the  two  persons  so 
chosen  to  choose  the  third  from  said  freeholders. 

If  11.  Rights  reserved.]  § 10.  All  rights  heretofore  vested  in 
the  board  of  water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  impaired  or  affected  by  this  ordinance,  but 
the  rights  and  privileges  hereby  granted  are  subject  thereto. 

If  12.  Indemnity  bond.]  § 11.  The  said  North  Chicago  Rail- 
way Company  shall  enter  into  a good  and  sufficient  bond  with  the  city 
of  Chicago  in  the  penal  sum  of  ten  thousand  dollars  for  the  faithful 
performance  of  all  terms  and  conditions  herein  contained  in  the  ordi- 
nance, and  that  said  railway  herein  mentioned  shall  be  completed  at 
the  times  and  manner  herein  stated  unless  delayed  by  the  order  or  in- 
junction of  some  court  having  jurisdiction  of  such  matters,  from  so 
completing  the  same,  said  bond  to  be  drawn  by  the  law  officers  of  the 
city  of  Chicago,  and  to  contain  such  conditions,  provisions,  restric- 
tions, prohibitions,  or  other  matters  as  shall  in  the  opinion  of  such 
law  officers  be  necessary  to  fully  and  completely  protect  and  indemnify 
the  said  city  of  Chicago  in  all  things  from  any  and  all  loss  or  damages 


1430 


STREET  RAILWAYS. 


[§  6i5 

by  reason  of  the  grant  of  the  powers  and  privileges  herein  granted  to 
said  company. 

1[  13.  Lessee  of  C.  C.  Ry.  Co.]  § 12.  That  the  rights  and 
privileges  granted  under  this  ordinance  for  the  use  of  the  aforesaid 
part  of  Fifth  avenue  by  said  North  Chicago  Railway  Company  shall 
be  only  as  the  lessee  of  the  Chicago*  City  Railway  Company. 

1"  14.  When  in  force — acceptance.]  § 13.  This  ordinance 

shall  take  effect  and  be  in  force  as  soon  as  the  same  shall  have  been 
duly  accepted  by  the  said  North  Chicago  Railway  Company  and  said 
company  shall  have  made  the  bond  provided  for  herein  in  manner  and 
form  as  hereinbefore  required. 

Note. — See  following  amendatory  ordinance. 

§ 615.  North  Chicago  City  Railway  company. 


1 

1. 

Amending  foregoing  ordinance. 

nr 

2. 

Grant. 

IT 

3* 

Route — Wells  street  bridge. 

it 

4- 

Motive  power. 

IT 

5- 

Powers  reserved  in  council. 

IT 

6. 

Tracks — how  laid. 

IT 

7- 

Improvement  and  repair  of  streets. 

IT 

«. 

Time  of  completion. 

IT 

9- 

Term  of  grant — right  of  purchase. 

IT 

10. 

Arbitrators  for  purchase  price. 

IT  11. 

Rights  reserved. 

IT 

12. 

Indemnity  bond. 

IT  13. 

Lessee  of  C.  C.  Ry.  Co. 

IT  14. 

When  in  force — acceptance. 

An  ordinance  to  amend  an  ordinance  entitled  “An  ordinance  authorizing  the 
construction  and  operation  of  a horse  railway  on  Fifth  avenue,  north  of 
Randolph  street,  and  over  and  upon  the  bridge  across  the  Chicago  river 
known  as  Wells  street  bridge  and  on  Wells  street  to  Clark  street,  in  th*e  city 
of  Chicago,”  passed  October  26,  1874.  (Passed  April  26,  1875.) 

1.  Amending  foregoing  ordinance.]  Be  it  ordained  by  the 
common  council  of  the  city  of  Chicago:  That  the  ordinance  entitled, 

‘‘An  ordinance  authorizing  the  construction  and1  operation  of  a horse 
railroad  on  Fifth  avenue,  north  of  Randolph  street,  and  over  and  upon 
the  bridge  across  the  Chicago  river,  known  as  Wells  street  bridge, 
and  on  Wells  street  to  Clark  street,  in  the  city  of  Chicago,”  passed  Oc- 
tober 26,  1874,  be,  and  the  same  is  hereby  amended  so  as  to  read  as 
follows: 

T 2.  Grant.]  § 1.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  North  Chicago  City  Railway  Com- 
pany to  comply  with  the  provisions  hereof,  authority,  permission,  and 
consent  are  hereby  given,  granted,  and  duly  vested  in  the  said  com- 
pany, its  successors  and  assigns,  to  construct,  lay  down,  operate,  and 
maintain  a double  track  railway,  with  all  necessary  turnouts,  side 
tracks,  and  switches,  in,  upon,  and  along  the  course  of  certain  streets 
in  the  city  of  Chicago  hereafter  named,  and  over  a certain  bridge  across 


§ 6i5] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1431 


Chicago  river,  and  to  operate  railway  cars  or  carriages  thereon  in  the 
manner  and  for  the  time  and  upon  the  conditions  hereinafter  pre- 
scribed; Provided,  the  tracks  of  said  railway  shall  not  be  laid  within 
twelve  feet  of  the  sidewalks  upon  any  of  the  said  streets. 

1 2.  Route— Wells  street  bridge.]  § 2.  That  said  railway 
company  is  hereby  authorized  to>  lay  a single  or  double  track  for  a rail- 
way in  and  along  and  upon  the  following  streets'  and  bridlge  in  said 
city,  towit:  Commencing  north  of  Randolph  street,  and  extending 

north  along  Fifth  avenue  over  and  along  said  Fifth  avenue  to  the  Chi- 
cago river;  thence  upon  and  over  the  bridlge  known  as  Wells  street 
bridlge:  across  said  river;  thence  extending  north  along  Wells  street 
to  the  intersection  of  the  same  with  North  Clark  street  and  connect- 
ing with  the  railway  tracks  on  said  Clark  street,  or  any  other  tracks 
now  in  use  at  intermediate  points, 

If  3.  Motive  power.]  § 3.  The  cars  to  be  used  upon  said 
tracks  hereby  authorized  to  be  constructed  upon  said  Fifth  avenue,  said 
bridge  and  said  Wells  street,  shall  be  operated  with  animal  power 
only,  and  no  railway  car  or  carriage  used  by  any  other  railroad  com- 
pany in  this  state  shall  be  used  upon  or  passed  o-ver  said  tracks. 

If  4.  Powers  reserved  in  council.]  § 4.  The  said  tracks  and 
cars,  or  carriages,  operated  thereon  shall  be  used  for  no  other  purpose 
than  tO'  transfer  passengers  and  their  ordinary  baggage;  and  the  cars 
or  carriages  used  for  that  purpose  shall  be  of  the  best  style  and  class 
in  use  on  such  railways;  and  the  common  council  shall  have  the  power 
at  all  times  to  make  such  regulations  as  to  the  rate  of  speed  and  time 
of  running  said  cars  or  carriages  as  said  council  may  require. 

If  5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails;  and  shall  be  so  laid  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  said  track  or  tracks  at  any  and 
all  points,  and  in  any  and  all  directions,  without  obstruction. 

1 6.  Improvement  and  repair  of  streets.]  § 6.  The  said  com- 
pany shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  the  streets  or  parts  of  streets  upon  which  they  shall  con- 
struct their  said  railways,  or  any  of  them,  keep  sixteen  feet  in  width 
along  the  line  of  said  railway  in  good  repair  and  condition  during  all 
the  time  to'  which  the  privileges  hereby  granted  to*  said  company  shall 
extend, in  accordance  with  whatever  order  or  regulation,  respecting  the 
ordinary  repairs  thereof,  may  be  passed  or  adopted  by  the  common 
council  of  said  city;  and  the  said  company  shall  be  liable  for  all  the 
legal  consequential  damages  which  may  be  sustained  by  any  person, 
by  reason  of  the  carelessness,  negligence  or  misconduct  of  any  of  the 
agents  or  servants  of  said  company,  in  the  course  of  their  employment 
in  the  construction  or  use  of  said  railways,  or  either  of  them. 

If  7.  Time  of  completion.]  § 7.  The  said1  railway  company 


1432 


STREET  RAILWAYS. 


[§  6l5 


shall  lay  said  tracks  whenever  and  as  fast  as  a new  pavement  shall  be 
laid  in  said  streets  or  parts  of  streets  next  after  the  passage  of  this 
ordinance  : Provided,  that  if  said  company  shall  be  prevented  or  de- 
layed by  the  order  or  injunction  of  any  court,  that  shall  be  a sufficient 
excuse,  and  it  shall  be  sufficient  to  lay  such  tracks  within  a reason- 
able time  after  such  order  or  injunction  shall  be  vacated  or  dis- 
solved. 

1 8.  Term  of  grant— right  to  purchase.]  § 8.  The  right  to 

operate  said  railway  shall  extend  to  the  first  day  of  October,  A.  D. 
1894,  at  which  time  the  rights  and  privileges  herein  and  hereby  granted 
to  said  company  shall  cease;  but  said  company  operating  said  rail- 
way at  said  time  shall  be  entitled  to  enjoy  all  of  such  rights  andi  privi- 
leges after  the  expiration  of  isaid  time,  and  until  the  common  council 
shall  hereafter  elect,  by  order  for  that  purpose,  to  purchase  said  tracks 
of  said  railway,  cars,  carriages,  furniture,  and  implements  of  every 
kind  and  description  used  in  the  construction  and  operation  of  said 
railway,  and  pay  for  the  same  in  the  manner  hereinafter  mentioned. 

If  9.  Arbitrators  for  purchase  price.]  § 9.  Such  order  to 
purchase  shall  fix  the  time  when  said  city  of  Chicago  will  take  such 
railways  and  other  property  before  mentioned,  which  shall  not  be  less 
than  six  months  after  the  passage  of  said  order,  and  at  the  time  of  tak- 
ing said  railways  and  other  property  before  mentioned,  the  city  of 
Chicago  shall  pay  to  the  parties  operating  the  same  a sum  of  money 
to  be  ascertained  by  three  commissioners,  to  be  appointed  for  that  pur- 
pose, as  follows:  One  to  be  chosen  from  the  disinterested  freeholders 
of  Cook  county  by  the  said  common  council;  one  in  like  manner  by 
the  company,  its  associates,  or  successors;  and  the  two  persons  so 
chosen  to  choose  the  third  from  said  freeholders. 

% 10.  Rights  reserved.]  § 10.  All  rights  heretofore  vested  in 
the  board  of  water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  impaired  or  affected  by  the  ordinance,  but 
the  rights  and  privileges  hereby  granted  are  subject  thereto. 

T 11.  Indemnity  bond.]  § 11.  Said  railway  company  shall 
execute  a bond  in  the  sum  of  ten  thousand  dollars,  for  the  faithful 
performance  of  all  the  terms  and  conditions  of  this  ordinance,  and  to 
indemnify  and  protect  the  city  of  Chicago  from  any  and  all  loss  or 
damage  by  reason  of  the  powers  and  privileges  granted  to  said  com- 
pany. 

1 12.  Lessee  of  C.  C.  Railway  Co.]  § 12.  That  rights  and 

privileges  granted  under  this  ordinance  for  the  use  of  the  aforesaid 
part  of  Fifth  avenue  by  said  North  Chicago  City  Railway  Company 
shall  be  only  as  the  lessee  of  the  Chicago'  City  Railway  Company. 

1”  13.  When  in  force.]  § 13.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  same  shall  have  been  duly  accepted  by 
the  said  North)  Chicago  Railway  Company  and  said  company  shall 


§ § 6l6,  617,  618]  NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1433 


have  made  the  bond  provided  for  herein  in  manner  and  form  as  herein- 
before required. 

§ 616.  North  Chicago  City  Railway  company. 

Tf  1.  Grant  for  extension — route. 

An  ordinance  authorizing  the  extension  of  the  railway  of  the  North  Chicago  City 
Railway  company  in  Lincoln  avenue.  (Passed  September  25,  1876.) 

IF  1.  Grant  for  extension — route.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake  View  that  authority  and  permission 
be  and  is  hereby  given  to  the  North  Chicago  City  Railway  Company 
to  extend  their  railway  in  Lincoln  avenue,  in  the  city  of  Chicago,  by- 
single  or  double  track  with  necessary  switches  and  turnouts,  from 
the  present  terminus  at  Fullerton  avenue,  along  Lincoln  avenue  in  the 
said  town  of  Lake  View,  to  Wrightwood  avenue  in  said  town,  and  to 
maintain  and  operate  the  same. 

§ 617.  North  Chicago  City  Railway  company. 

T|  1.  Grant  for  extension — route. 

An  ordinance  to  authorize  the  North  Chicago  City  Railway  company  to  extend 
its  tracks  on  Lincoln  avenue  and  on  Wrightwood  avenue.  (Passed  May  28, 
1878.) 

IT  1.  Grant  for  extension — route.]  Be  it  ordained  by  the  board 
of  trustees  of  the  town  of  Lake  View  that  permission  and  authority 
be  granted  to  the  North  Chicago  City  Railway  Company 
to  extend  its  tracks,  single  or  double  from  the  present  terminus  on 
Lincoln  avenue,  to  and  in,  and  along  Wrightwood1  avenue  to  a point 
opposite  the  west  line  of  lot  two,  in  the  subdivision  of  the  east  half  of 
block  seventeen,  in  the  Canal  Trustees’  subdivision  of  the  east  half  of 
section  twenty-nine  (29),  in  township  forty,  north  of  range  fourteen, 
east  of  the  third  principal  meridian,  and  to  lay  side  tracks  or  curves 
from  said  tracks  so  as  to  run  on  lots  one  and  two  in  said  subdivision, 
being  property  owned  by  said  company,  on  the  same  terms  and  condi- 
tions as  prescribed  for  the  tracks  on  Lincoln  avenue. 

§ 618.  North  Chicago  City  Railway  company. 

If  1.  Grant  for  extension — fare — route — term. 

If  2.  Tracks,  how  laid. 

Hf  3.  Time  of  completion. 

Hf  4.  Street  improvements  and  repairs. 

Ht  5-  Speed  and  running  time  regulated. 

Ht  6.  When  to  take  effect. 

An  ordinance  to  authorize  an  extension  of  the  tracks  of  the  North  Chicago  City 
Railway  company  on  Division  and  State  streets,  and  the  relaying  of  tracks 
on  State  street.  (Passed  March  22,  1880.) 

IF  1.  Grant  for  extension— fare — route — term.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  in  consideration 

of  the  acceptance  hereof,  and  the  undertaking  of  the  North  Chicago 


1434 


STREET  RAILWAYS. 


[§  618 


City  Railway  Company  to  comply  with  the  provisions  herein  con- 
tained', permission  and  authority  is  hereby  given  to  said'  company  to 
construct,  maintain  and  operate  as  an  extension  of  the  tracks  used  by 
said  company  a single  or  double  track  railway,  with  all  necessary  side 
tracks,  turnouts  and  switches,  from  its  tracks  on  North  Clark  and 
Division  streets,  on  Division  street  to>  State,  and  thence  south  on  State 
street  to  the  south  line  of  Michigan  street,  and  there  to  connect  with 
tracks  authorized  to  be  laid  by  an  ordinance  entitled  “An  ordinance 
authorizing  the  connection  of  the  tracks  of  the  horse  railways  of  the 
North  Chicago  City  Railway  and  the  Chicago  City  Railway  Com- 
panies,” approved  January  29th,  1864,  which  tracks  may  be  relaid 
under  said  ordinance  and  the  said  company  may  maintain  and  oper- 
ate said  railways  with  the  said  tracks  over  the  bridge  to  Lake  street 
and  with  its  lines  now  used  by  said  company,  and  as  an  extension 
thereof,  upon  the  terms  and  conditions  and  subject  to  the  restrictions 
mentioned  in  this  ordinance,  for  the  period  of  twenty  years  after  the 
passage  of  this  ordinance  ; and  the  rates  of  fare  for  any  distance  on  the 
tracks  of  said  company,  whether  on  the  lines  herein  authorized  or 
heretofore  constructed,  shall  not  exceed  five  cents  for  each  passenger 
for  any  continuous  travel  at  one  ride. 

T 2.  Tracks,  how  laid.]  § 2.  Each  of  said  tracks  shall  be  laid 
as  near  the  center  of  the  street  as  practicable,  and  shall  not  be  laid 
within1  twelve  feet  of  the  sidewalk  in  any  place  except  in  turning  street 
corners,  and  then  no  nearer  than  may  be  required  to  make  the  neces- 
sary curve.  The  cars  shall  be  constructed  with  all  the  latest  improve- 
ments for  the  comfort  and  convenience  of  passengers,  shall  be  used 
for  no  other  purpose  than  the  transportation  of  passengers  and  their 
ordinary  luggage,  and  shall  be  operated  by  animal  power  and  not 
otherwise 

*T  3.  Time  of  completion.]  § 3.  The  tracks  herein  authorized 
shall  be  completed  before  the  first  day  of  November,  A.  D.  1880;  Pro- 
vided, that,  if  the  said  company  shall  be  delayed  by  the  order  or  writ 
of  any  court  from  proceeding  with  the  work,  the  time  of  such  delay 
shall  also  be  excluded  from  the  time  prescribed  herein  for  complet- 
ing any  of  said  railways,  and  if  the  said  company  shall  fail  to  complete 
the  tracks  within  the  time  mentioned  the  city  may  revoke  the  authori- 
ty so  far  as  such  tracks  are  not  completed;  Provided,  further,  that 
if  such  order  or  writ  of  court  shall  be  collusively  obtained  by  the  par- 
ties to  the  cause  in  which  such  order  may  be  rendered'  or  such  writ 
issued,  or  by  any  of  the  officers  or  agents  of  such  parties,  then  the 
time  of  such  delay  shall  not  be  excluded,  and  it  shall  be  the  duty  of 
said  railway  company  to  prove  the  absence  of  such  collusion. 

1 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  said  streets  or  parts  of  streets  aforesaid,  upon  which  they 
shall  construct  their  said  railways,  or  any  of  them,  keep  sixteen  feet 


§ 6i9] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1435 


in  width,  including  the  track,  in  good  repair  and  condition,  during  all 
the  time  to  which  the  privileges  hereby  granted  to  said  company  shall 
extend,  in  accordance  with  whatever  order  or  regulation  respecting 
the  ordinary  repair  thereof  may  be  passed  or  adopted  by  the  city 
council;  and,  when  any  new  improvement  shall  be  ordered  by  the  city 
council  therein,  the  said  company  shall  in  the  manner  required  by  the 
city  authorities  make  such  new  improvements  for  the  width  of  six- 
teen feet  aforesaid,  and  if  the  company  fails  to  do  so  it  may  be  done  by 
the  city,  and  the  costs  collected  of  said  company;  and,  if  the  said 
company  shall  neglect  to  make  any  necessary  repairs  for  twenty  days 
after  notice,  the  work  may  be  done  by  the  city,  and  the  costs  thereof 
collected  from  said  company. 

If  5.  Speed  and  running  time  regulated.]  § 5.  The  city 
council  shall  have  power  at  all  times  to  make  such  regulations  as  to 
the  rate  of  speed  and  time  or  times  of  running  said  cars  or  carriages 
as  the  public  safety  and  convenience  may  require. 

If  6.  When  to  take  effect.]  § 6.  This  ordinance  shall  take 
effect  when  it  shall  be  accepted  by  said  railway  company,  Provided  the 
same  shall  be  accepted  within  three  months  after  its  passage. 

§ 619.  North  Chicago  City  Railway  company. 

If  1.  Grant — route — term. 

2.  Street  repairs  and  improvements. 

11  3.  Time  of  completion — limitation. 

4.  Acceptance. 

An  ordinance  granting  permission  to  the  North  Chicago  City  Railway  company  to 

construct  and  operate  a street  railway  on  Sedgwick  and  Market  streets. 

(Passed  October  26,  1881.  Accepted  November  16,  1881.) 

If  1.  Grant — route — term.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 

of  this  ordinance,  and  a compliance  with  its  provisions  by  the  North 
Chicago  City  Railway  Company,  permission  and  authority  is  hereby 
given  to  said  company  to  construct,  maintain  and  operate  a single 
track  railway  on  Sedgwick  street,  from  Division  street  to  Chicago 
avenue,  and  on  Market  street,  from  Chicago  avenue  to  Division  street, 
and  to  connect  the  same  with  the  tracks  of  said  company  now  used 
by  it  on  Division  street  and  Chicago  avenue,  for  the  term  of  twenty 
years  after  the  passage  of  this  ordinance. 

If  2.  Street  repairs  and  improvements.]  § 2.  The  permis- 
sion and  authority  hereby  granted  are  subject  to  the  conditions  and 
restrictions  and  the  rights  and  privileges  mentioned  in  an  ordinance 
passed  by  the  common  council  of  the  city  of  Chicago  on  the  23d  day 
of  May,  1859,  entitled  “An  ordinance  authorizing  the  construction 
and)  operation  of  horse  railways  in  the  north  division  of  the  city  of 
Chicago,”  and'  the  further  condition  that  said  company  shall  pave  and 
keep  in  repair  eight  feet  in  width,  embracing  the  track  of  said  streets, 


1436 


STREET  RAILWAYS. 


in  accordance  with  whatever  regulations  may  be  made  by  the  city  of 
Chicago,  by  ordinance  or  otherwise. 

1"  3.  Time  of  completion — limitation.]  § 3.  The  said  tracks 
shall  be  completed  before  the  first  day  of  November,  1882. 

Tf  4.  Acceptance.]  § 4.  This  ordinance  shall  be  accepted  by 
said  company  within  thirty  days,  and,  in  case  of  failure  to  accept,  it 
shall  be  null  and  void. 

§ 620.  North  Chicago  City  Railway  company. 

IT  1.  Grant — subject  to  all  ordinances. 

2.  When  in  force. 

An  ordinance  granting  permission  to  the  North  Chicago  City  Railway  company 
to  lay  down  a double  curve  at  Chicago  avenue  and  Larrabee  street.  (Passed 
January  3,  1883.) 

If  1.  Grant — subject  to  all  ordinances.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  the  North  Chicago 

City  Railway  Company  is  hereby  permitted  and  authorized  to  lay 
down  and  operate  a double  curve  in  their  tracks  at  the  intersection 
of  Chicago  avenue  and  Larrabee  street,  in  the  place  and  stead  of  the 
single  curve  now  in  use,  upon  which  to  run  and  operate  the  horse 
cars  of  the  Chicago  avenue  and  Larrabee  street  lines  of  said  com- 
pany; subject,  however,  to  all  the  general  or  special  ordinances  of  the 
city  of  Chicago  in  reference  to  horse  railways  and  the  said  North  Chi- 
cago City  Railway  Company. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 621.  North  Chicago  City  Railway  company. 

T]  1.  Grant — fare — power  of  council, 
if  2.  Penalty. 

-IT  3.  Subject  to  ordinances. 

An  ordinance  to  plank  that  part  of  Evanston  avenue  lying  between  the  rails 
heretofore  used  as  a dummy  track,  and  to  operate  the  same  as  a horse  rail- 
road on  or  before  April  1,  1883,  and  in  default  thereof  to  remove  the  tracks 
and  ties  thereon  under  penalty.  (Passed  March  5,  1883.) 

If  1.  Grant — fare — power  of  council.]  Be  it  ordained  by  the 
board  of  trustees  of  the  town  of  Lake  View:  § 1.  That  the  North 

Chicago  City  Railway  Company  be  and  it  is  hereby  empowered  to 
plank  that  part  of  Evanston  avenue  and  Graceland  avenue  in  the  town 
of  Lake  View  lying  between  the  rails  heretofore  used  by  said  company 
as  a dummy  track,  and  to  operate  the  same  as  a horse  railroad  for  the 
carrying  of  passengers  at  a fare  of  not  exceeding  five  cents  for  each 
passenger,  on  or  before  the  first  day  of  April,  1883,  and  until  such 
time  as  the  board  of  trustees  may  order  said  track  to  be  removed  for 
the  purpose  of  grading  and  paving  said  avenues. 

If  2.  Penalty.]  § 2.  That  in  case  said  company  shall  neglect  01 
refuse  to  plank  said  track  and  operate  the  same  as  aforesaid  on  or  be- 


§ 622X 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1437 


fore  the  said  first  day  of  April,  1883,  the  said  company  shall  forth- 
with remove  said  track,  the  ties  thereon  and  every  part  thereof;  and 
the  said  company  and  its  agents,  or  any  of  them,  shall  be  subject  to 
a fine  not  exceeding  two  hundred  dollars  for  every  day  said  track  or 
the  ties  thereon  or  any  part  thereof  shall  remain  upon  said  avenues 
or  upon  any  portion  of  the  same. 

IT  3.  Subject  to  ordinances,]  § 3.  That  if  said  company  shall 
operate  said  track  in  the  manner  and  at  the  time  herein  prescribed, 
the  same  shall  be  done  under  existing  ordinances,  and  such  other  or- 
dinances as  may  be  ordained  by  the  board  of  trustees  of  said  town, 
and  not  otherwise. 

§ 622.  North  Chicago  City  Railway  company. 

If  1.  Grant — term  two  years. 

If  2.  Conditions — fare. 

If  3.  Term  of  grant — removal  of  tracks. 

If  4.  Conditions  for  relaying  track — extension. 

if  5.  When  to  take  effect — acceptance. 

An  ordinance  regulating  the  use  of  the  tracks  of  the  North  Chicago  City  Rail- 
way company  on  Evanston  and  Graceland  avenues.  (Passed  and  ap- 
proved April  2,  1883.  Accepted  April  16,  1883.) 

if  1.  Grant— term  two  years.]  §1.  Be  it  ordained  by  the 
board  of  trustees  of  the  town  of  Lake  View  that  the  North  Chicago 
City  Railway  Company  may  use  its  tracks  on  Evanston  and  Grace- 
land  avenues  in  the  following  manner,  that  is  to  say,  the  said  com- 
pany may  plank  between  the  rails  as  now-  laid  and  run  cars  thereon 
by  animal  power,  with  or  without  a conductor,  the  number  of  cars 
and  time  to  be  determined  by  it,  for  a period  of  two  years,  unless  the 
said  streets  or  parts  thereof  are  graded  and  paved  before  the  expira- 
tion of  that  time  as  hereinafter  mentioned. 

T 2.  Conditions — fare.]  § 2.  The  said  company  shall  not  be 

required  to  pay  any  license  fees,  or  to  sprinkle  the  streets,  or  improve 
them  except  by  planking  as  aforesaid,  and  to  so  arrange  the  tracks 
at  crossings  for  the  full  width  of  the  intersecting  streets,  that  the  tracks 
can  be  crossed  freely  and  without  obstruction,  and  the  company  may 
charge  and  receive  a fare  of  five  cents  per  passenger. 

IT  3.  Term  of  grant— removal  of  tracks.]  § 3.  On  the  ex- 
piration of  two  years  or  whenever  before  that  time  the  said  streets  or 
either  of  them,  or  any  part  thereof,  may  be  paved,  the  said  company 
shall  cease  to  operate  the  tracks  as  now  laid,  and  take  up  the  rails  and 
ties  and  discontinue  the  use  of  said  streets. 

T 4.  Conditions  for  relaying  track — extension.]  § 4.  But 
upon  taking  up  the  said  rails  as  aforesaid,  said  company  may,  if  it 
elect  to  do  so,  relay  its  tracks  in  any  part  of  the  streets,  or  either  of 
them,  with  tram  rails;  Provided,  however,  that  it  shall  pave  the  space 
between  the  rails,  with  like  material  as  the  other  parts  of  the  street, 


1438 


STREET  RAILWAYS. 


[§  623 


or  with  stone  or  granite,  and  keep  the  same  in  good  repair  and  con- 
dition, and  continue  to  run  its  cars  by  animal  power  thereafter  with- 
out regard  to  the  time  hereinbefore  mentioned.  Said  tracks  shall  be 
laid  as  near  the  center  of  the  street  as  practicable. 

IT  5.  When  to  take  effect— acceptance.]  § 5.  This  ordi- 
nance shall  take  effect  when  accepted  by  the  said  company,  if  done 
within  thirty  days,  and  remain  in  force  until  changed  by  the  action  of 
the  town  and  company. 

Note. — See  following  amendatory  ordinance. 

§ 623.  North  Chicago  City  Railway  company. 

Preamble. 

1.  Extension  of  grant, 
it  2.  Paving  of  streets. 

If  3.  Improvement  and  repair  of  streets, 
if  4.  Route  extended. 

IT  5.  Time  of  completion, 
it  6.  Rights  reserved, 
if  7.  When  to  take  effect. 

An  ordinance  amending  an  ordinance  entitled,  “An  ordinance  regulating  the  use 
of  the  tracks  of  the  North  Chicago  City  Railway  company  in  Evanston  and 
Graceland  avenues,”  adopted  on  the  2d  day  of  April,  A.  D.  1883,  and  to 
authorize  an  extension  thereof.  (Passed  and  approved  November  25,  1885. 
Accepted  December  7,  1885.) 

Preamble.]  Whereas,  the  board  of  trustees  of  the  town 
of  Lake  View  have  heretofore  ordered  and  provided  for  the  pavement 
of  that  portion  of  Evanston  avenue  lying  between  Diversey  street 
and  Belmont  avenue,  and  the  North  Chicago  City  Railway  Company, 
in  pursuance  of  the  provisions  of  section  4 of  an  ordinance  entitled 
“An  ordinance  regulating  the  use  of  the  tracks  of  the  North  Chicago 
City  Railway  Company  in  Evanston  and  Graceland  avenues,”  adopted 
April  2d,  1883,  has  elected,  with  the  consent  of  said  board  of  trustees, 
to  replace  its  present  single  track  railway  with  a double  track  tram- 
railway over,  upon  and  along  the  portion  of  said1  Evanston  avenue 
aforesaid,  and  said  double  track  has  now  been  constructed. 

And  whereas,  it  is  desirable  that  a double  track  with  tram  rails 
shall  be  laid  in  Evanston  avenue,  north  of  Belmont  and  in  Graceland 
avenue  in  place  of  the  T-rails  now  in  use  as  fast  as  the  said  streets  or 
parts  thereof  shall  be  paved  or  macadamized,  therefore, 

1"  1.  Extension  of  grant.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake  View:  § 1.  That  the  right  of  the  North 

Chicago  City  Railway  Company  to  maintain  and  use  its  tracks  in 
Evanston  and'  Graceland  avenues  is  hereby  extended  and  continued 
in  force,  subject,  however,  to  the  provisions  hereinafter  mentioned. 

T 2.  Paving  of  streets.]  § 2.  Said  company  shall  take  up 
the  T rails  now  in  use  in  said  avenues  and  lay  double  tracks  with  tram 
rails  north  of  Belmont  avenue,  and  in  any  part  thereof,  when  and  at 
the  same  time  the  said  avenues,  or  any  part  thereof,  shall  be  paved 


§ 623] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1439 


or  macadamized  by  the  town.  The  tracks  shiall  be  laid  in  the  center 
of  said  streets  as  ne'arly  as  practicable. 

1 3.  Improvement  and  repair  of  streets.]  §3.  Said  company 
shall,  as  respects  the  paving  or  macadamizing  of  said  streets,  or  parts 
thereof,  improve  and  pave  and  thereafter  keep  in  repair  the  space  be- 
tween the  outside  rails  of  the  tracks,  and  shall  make  such  improvement 
with  like  material  in  the  same  manner  and  at  the  same  time  as  re- 
quired as  to  the  rest  of  the  street  not  embraced  in  the  said  space,  ex- 
cept that  it  may  use  stone  or  such  other  material  as  may  hereafter 
be  authorized  by  the  board  of  trustees  of  said  town,  or  its  successors. 

1"  4.  Route  extended.]  § 4.  That  permission  and  authority 
are  hereby  given  to  extend  the  tracks  of  the  company  now  laid  on 
Graceland  avenue  westward  to  Ashland  avenue,  and  to  operate  the 
same ; the  same  to  be  laid  and  operated  for  the  conveyance  of  passen- 
gers before  the  first  day  of  June,  1886. 

1 5.  Time  of  completion.]  § 5.  Said  company  may  and  shall 
also  construct  and  operate  a double  track  tram  railway  on  Ashland 
avenue  from  Graceland  avenue  to  Sulzer  street,  and  connect  such 
tracks  with  those  laid  on  Graceland  avenue,  and  operate  the  same  for 
the  conveyance  of  passengers  within  one  year  after  the  sewer  shall  be 
laid  in  that  part  of  Ashland  avenue.  And  the  said  tracks  as  recon- 
structed or  extended  shall  be  maintained  and  operated  on  the  same 
terms  and  conditions  as  provided  in  said  ordinance  of  April  2nd,  1883, 
and  in  sections  2 and  3 of  this  ordinance,  but  the  fare  for  'the  convey- 
ance of  each  passenger  in  either  direction  on  the  entire  route  between 
Diversey  street  and  Sulzer  street  shall  not  exceed  the  sum  of  five 
cents. 

1"  6.  Rights  reserved.]  § 6.  That  in  granting  the  authority  and 
permission  aforesaid,  the  said  town  of  Lake  Vie\v  reserves  its  char- 
tered right  to  construct  and  repair  sewers  and  drains,  lay  down  and 
repair  water  or  gas  pipes  on  any  of  said  streets  or  avenues,  and  .to  con- 
trol its  streets  and  crossings,  and  to  grant  at  its  pleasure,  without 
condemnation  proceedings  or  other  let  or  hindrance  whatsoever  to 
any  other  person  or  corporation,  the  right  of  way  over  and  across 
and  over  the  said  right  of  way  and  said  tracks  of  the  said  North  Chi- 
cago City  Railway  Company. 

T 7.  When  to  take  effect.]  § 7.  That  this  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  provided  that  within 
ten  days  thereafter  the  said  North  Chicago  City  Railway  Company 
shall  signify,  in  writing,  its  acceptance  of  the  same. 

Note. — See  following  amendatory  ordinance. 


1440 


STREET  RAILWAYS. 


[§§  624,  625 


§ 624.  North  Chicago  City  Railway  company. 

1.  Amending  section  6 of  foregoing  ordinance. 

An  ordinance  to  amend  section  6 of  an  ordinance  regulating  the  use  of  Evanston 
and  Graceland  avenues  by  the  North  Chicago  City  Railway  company,  passed 
and  approved  November  25,  1885.  (Passed  and  approved  December  21,  1885. 
Accepted  January  4,  1886.) 

T 1.  Amending  section  6 of  foregoing  ordinance.]  Be  it  or- 
dained by  the  board  of  trustees  of  the  Town  of  Lake  View,  that  sec- 
tion 6 of  ’an  ordinance  entitled,  “An  ordinance  amending  an  ordi- 
nance entitled,  ‘An  ordinance  regulating  the  use  of  the  tracks  of  the 
North  Chicago  City  Railway  Company  in  Evanston  and  Graceland 
avenues/  adopted  on  the  second  day  of  April,  1883,  and  to  authorize 
an  extension  thereof,”  be  amended  so  as  to  read  as  follows: 

Section  6 as  amended.]  § 6.  That  in  granting  the  authority 
and  permission  aforesaid,  the  said  town  of  Lake  reserves  its 
chartered  right  to  construct  and  repair  sewers  and  drains,  lay  down 
and  repair  water  or  gas  pipes  on  any  of  said  streets  or  avenues,  and  to 
control  its  streets  and  crossings,  and  to  grant  at  its  pleasure,  without 
condemnation  proceedings  or  any  other  let  or  hindrance  whatsoever, 
to  any  other  person  or  corporation  the  right  of  way  on  the  surface 
across,  or  at  an  elevation  higher  than  the  cars  used  by  said1  railway 
along  the  said  streets  or  right  of  way;  but  there  shall  be  no  right  re- 
served to'  grant  any  such  permission  or  authority  for  the  use  of  the 
said  street  lengthwise  on  the  surface,  or  the  tracks  of  said  railway 
company. 

§ 625.  North  Chicago  City  Railway  company. 

1.  Grant  for  extension  of  route. 

2.  Tracks,  how  laid. 

TT  3*  Time  of  completion. 

IT  4.  License  fee. 

i 5-  Street  improvements  and  repairs. 

6.  When  to  take  effect. 

An  ordinance  granting  permission  and  authority  to  the  North  Chicago  City  Rail- 
way company  to  construct  and  operate  a street  railway.  (Passed  April  21, 
1884.  Accepted  May  3,  1884.) 

IT  1.  Grant  for  extension — route.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof  and  the  undertakings  of  the  North  Chicago  City 
Railway  Company  to  comply  with  the  provisions  herein  contained, 
permission  and  authority  is  hereby  given  to  said  company  to  construct, 
maintain  and  operate  a single  track  railway,  with  all  the  necessary 
side-tracks,  turn-outs  and  switches,  from  its  tracks  on  Lincoln  ave- 
nue on  and  along  Fullerton  avenue  to  Racine  avenue,  thence  on 
Racine  avenue  to  Webster  avenue,  so  as  to  connect  with  said  corn- 
pany’s  track  thereon ; and  the  said  company  may  maintain  and1  operate 
said  railways,  upon  the  terms  and  conditions  and  subject  to  the  re- 


§ fi25] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1441 


strictioms  mentioned  in  this  ordinance,  for  the  period  of  twenty  years 
after  the  passage  of  this  ordinance;  and  the  rates  of  fare  for  any  dis- 
tance on  the  tracks  of  said  company,  whether  on  the  lines  herein  au- 
thorized or  heretofore  constructed,  shall  mot  exceed  five  cents  for  each 
passenger  for  any  continuous  travel  at  one  ride. 

IT  2.  Tracks,  how  laid.]  § 2.  The  tracks  hereby  authorized 
shall  be  laid  south  of  and  as  near  the  center  of  the  street  as  prac- 
ticable; the  cars  shall  be  constructed  with  all  the  latest  improve- 
ments for  the  comfort  and  convenience  of  passengers;  shall  be  used 
for  no  other  purpose  than  the  transportation  of  passengers  and  their 
ordinary  luggage,  and  shall  be  operated  by  animal  power  and  not 
otherwise. 

T 3.  Time  of  completion.]  § 3.  The  tracks  shall  be  completed 
before  the  first  day  of  November,  1884;  Provided,  that  if  the  said 
company  shall  be  delayed  by  the  order  or  writ  of  any  court  from  pro- 
ceeding with  the  work,  the  time  of  such  delay  shall  be  excluded  from 
the  time  prescribed  herein  for  completing  said  railways,  and  it  the 
said  company  shall  fail  to  complete  the  tracks  within  the  time  men- 
tioned the  city  may  revoke  the  authority,  so  far  as  such  tracks  are  not 
completed 

4.  License  fee.]  § 4.  The  North  Chicago  City  Railway 
Company  shall  pay  into  the  city  treasury  of  said  city,  for  the  use  of 
said  city,  the  sum  of  $50,  as  an  annual  license  fee,  for  each  and  every 
car  used  by  said  company  on  the  railways  hereby  authorized.  The 
number  of  cars  upon  which  such  license  shall  be  imposed  shall  be 
determined  and  the  license  fee  paid  in  the  .same  manner  as  provided 
in  an  ordinance  entitled,  ‘‘An  ordinance  concerning  street  railways 
in  the  city  of  Chicago,”  passed  July  30,  1883,  and  approved  by  the 
mayor  August  6th,  1883. 

If  5.  Street  improvements  and  repairs.]  § 5.  The  said  com- 
pany shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  said  streets  or  parts,  of  streets  upon  which  they  shall  con- 
struct their  said  railways,  or  any  of  them,  keep  eight  feet  in  width, 
including  the  track,  in  good  repair  and  condition  during  all  the  time 
to  which  the  privileges  hereby  granted  to  said  company  shall  ex- 
tend, in  accordance  with  whatever  order  or  regulation  respecting 
the1  ordinary  repair  thereof  may  be  passed  or  adopted  by  the  city 
council;  and1,  whenever  any  new  improvement  shall  be  ordered  by 
the  city  council  therein,  the  said  company  shall  make  such  new  im- 
provement with  like  material,  in  like  manner  and  at  the  same  time 
as  required  as  to  the  rest  of  the  street  not  embraced  in  the  eight 
feet,  except  that  it  may  use  stone  as  now  authorized,  or  such  other 
material  as  may  be  hereafter  authorized,  by  the  city  council  of  said 
city,  for  the  space  between  the  rails  of  said  tracks. 

T 6.  When  to  take  effect.]  § 6.  This  ordinance  shall  take 
effect  when  it  shall  be  accepted  bv  said  railway  company,  provided 
the  same  shall  be  accepted  within  thirty  days  after  its  passage 

91 


1442 


STREET  RAILWAYS. 


§ 626.  North  Chicago  City  Railway  company. 

Tf  1.  Grant— extended  and  defined. 

TT  2.  Conditions. 

*11  3.  When  to  take  effect. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  lay 
down,  maintain  and  operate  horse  railways  in  Lincoln  avenue  and  providing 
for  extension  and  operating  of  the  same  on  Ashland  avenue  to  Graceland 
avenue  in  the  town  of  Lake  View.  (Passed  and  approved  September  2, 
1885.  Accepted  September  7,  1885.) 

1 1.  Grant— extended  and  defined.]  Be  it  ordained  by  the 
board  of  trustees  of  the  town  of  Lake  View:  § 1.  That  authority 
and  permission  be  and  the  same  are  hereby  granted  to  the  North 
Chicago  City  Railway  Company  to  lay  down,  maintain  and  use  a 
double  track  railway,  to  be  operated  by  animal  power,  upon,  over  and 
along  Lincoln  avenue,  from  Wrightwood  avenue  northerly  to  Bel- 
mont avenue,  with  suitable  and  convenient  extensions,  curves,  side 
tracks,  turnouts  and  switches  necessary  for  the  operation  of  said 
tracks  and  their  connection  with  the  tracks  now  laid  and  in  use  by 
said  company  south  of  said  Wrightwood  avenue,  without  license  tee, 
assessment  or  other  exaction  except  as  hereinafter  set  forth. 

If  2.  Conditions.]  § 2.  The  authority  and  premission  aforesaid 
are  granted  upon  the  following  conditions,  viz. : 

1.  That  said1  North  Chicago  City  Railway  Company  shall  locate 
its  said  track  or  tracks  as  near  the  center  of  said  avenue  as  may  be 
reasonably  practicable,  and  with  proper  regard  to  the  public  uses  of 
said  avenue,  and  lay  down  said  track  or  tracks  in  a substantial  and 
proper  manner  concurrently  as  near  as  may  be  ordered  by  the  board 
of  trustees  of  said  town,  or  prior  thereto,  at  the  option  of  said  com- 
pany. That  the  space  between  the  outer  rails  of  said  track  or  tracks 
shall  be  paved  by  and  at  the  expense  of  said  company,  in  conformity 
with  the  orders  of  said  board  of  trustees  for  the  pavement  of  said 
avenue,  or  with  stone,  as  said  company  may  elect,  and  the  pavement 
between  said  outside  rails  shall  be  kept  in  good  repair  by  and  at  the 
expense  of  said  company. 

2.  The  tracks  of  said  company  at  all  street  intersections  shall  be 
so  adjusted  as  to  occasion  no  unnecessary  obstructions  to  the  crossing 
of  the  same. 

3.  Siaid  company  shall  lay  down  its  said  track  or  tracks  on  Lin- 
coln avenue  to  Belmont  avenue  aforesaid  and  begin  to  operate  the 
same  for  the  conveyance  of  passengers  on  or  before  the  first  day  ot 
November,  1885.  Provided,  said  avenue  shall  be  paved  and  the  water, 
gas  and  sewer  pipes  laid  therein  and  all  connections  made  therewith 
by  order  of  the  board  of  trustees  of  said  town  at  or  prior  to  said 
date. 

4.  The  regular  fare  for  each  passenger  upon  the  lines  of  road 
hereby  authorized,  conveyed  over  the  same  or  any  part  thereof,  shall 
not  exceed  five  cents  in  either  direction  ; but  said  company  shall  be 


§ 6^7] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1443 


required  to  keep  at  its  office,  or  with  its  conductors,  for  sale  to  per- 
sons desiring  the  same,  tickets  good  for  thirty-three  (33)  rides  at  the 
rate  and  price  of  one  dollar,  entitling  the  holder  thereof  to  thirty-three 
(33)  rides  in  either  direction  upon  the  line  of  railway  aforesaid  between 
Wrightwood  avenue  and  Belmont  avenue. 

5.  That  within  five  years)  from  the  first  day  of  November,  in  the 
year  one  thousand  eight  hundred  and  eighty-five,  or  as  soon  there- 
after as  the  sewer  and  water  connections  shall  have  been  placed  in 
Ashland  avenue,  the  said  North  Chicago*  City  Railway  Company  shall 
extend  said  tracks  and  lines  of  horse  railway  either  by  a single  or 
double  tracks  from  said  terminus  on  Belmont  avenue  upon,  over  and 
along  Ashland  avenue,  from  Belmont  avenue  aforesaid  to  Graceland 
avenue,  in  said  town  of  Lake  View,  and  operate  the  same  in  the  same 
manner  and  upon  the  same  conditions,  restrictions,  limitations 
and  reservations  as  are  contained  ir  this  ordinance  relative  to*  Lincoln 
avenue;  Provided,  however,  that  when  said  track  or  tracks  are  com- 
pleted and  in  operation  and  use  from  said  Wrightwood  avenue  to 
Graceland  avenue  the  fare  along  said  route  may  be  five  cents  for  each 
passenger  in  either  direction. 

6.  That  in  granting  the  authority  and  permission  aforesaid,  the 
town  of  Lake  View  specially  reserves  its  chartered  right  to*  control 
its  streets  and  crossings,  and  grant  at  its  pleasure,  without  condemna- 
tion proceedings  or  other  let  or  hindrance  whatsoever,  to<  any  other 
person  or  corporation  the  right  of  way  across  the  right  of  way  and 
tracks  of  the  said  North  Chicago  City  Railway  Company. 

T 3.  When  to  take  effect.]  § 3.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage;  Provided,  said  North 
Chicago  City  Railway  Company  shall,  within  ten  days  from  the  date 
of  its  passage,  signify,  in  writing,  its  acceptance  thereof. 

Note. — See  ordinance  of  May  17,  1886. 

§ 627.  North  Chicago  City  Railway  company. 

1.  Grant — term — fare. 

2.  Tracks,  how  laid. 

If  3.  Time  of  completion 
•jt  4.  License  fee. 

it  5.  Street  improvements  and  repairs. 

If  6.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  North  Chicago  City  Railway  company 

to  construct  and  operate  a street  railway  on  Halsted  street.  (Passed  De- 
cember 9,  1885.) 

If  1.  Grant — term — fare.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago : § 1 . That  in  consideration  of  the  acceptance 
hereof  and  the  undertakings  of  the  North  Chicago  City  Railway  Com- 
pany to  comply  with  the  provisions  herein  contained,  permission  and 
authority  is  hereby  given  to  said  company  to  construct,  maintain  and 
operate  a double  track  railway,  with  all  the  necessary  side-tracks,  turn- 
outs and  switches,  from  its  tracks  on  Clybourn  avenue  on  and  along 


1444 


STREET  RAILWAYS. 


[§  627 


Halisted  street,  north  to  Fullerton  avenue,  so  as  to  connect  with  said 
company’s  tracks  on  Lincoln  avenue;  and  the  said  company  may 
maintain  and  operate  said  railway,  upon  the  terms  and  conditions 
and  subject  to  the  restrictions  mentioned  in  this  ordinance,  for  the 
period  of  twenty  years  after  the  passage  of  this  ordinance;  and  the 
rates  of  fare  for  any  distance  on  the  tracks  of  said  company,  whether 
on  the  lines  herein  authorized  or  heretofore  constructed,  shall  not 
exceed  five  cents  for  each  passenger  for  any  continuous  travel  at  one 
ride. 

1"  2.  Tracks,  how  laid.]  § 2.  The  tracks  hereby  authorized 
shall  be  laid  as  near  the  center  of  the  street  as  practicable,  the  cars 
shali  be  constructed  with  all  the  latest  improvements  for  the  com- 
fort and  convenience  of  passengers,  shall  be  used  for  no  other  pur- 
pose than  the  transportation  of  passengers  and  their  ordinary  lug- 
gage, and  shall  be  operated  by  animal  power  and  not  otherwise. 

If  3.  Time  of  completion.]  § 3.  The  tracks  hereby  author- 
ized shall  be  completed  before  the  first  day  of  November,  1886;  Pro- 
vided, that,  if  the  said  company  shall  be  delayed  by  the  order  or  writ  of 
any  court  from  proceeding  with  the  work,  the  time  of  such  delay  shall 
be  excluded  from  the  time  prescribed  herein  for  completing  said  rail- 
ways, and  if  the  said  company  shall  fail  to  complete  the  tracks  within 
the  time  mentioned  the  city  may  revoke  the  authority  so  far  as  such 
tracks  are  not  completed. 

IT  4.  License  fee.]  § 4.  The  North  Chicago  City  Railway  Com- 
pany shall  pay  into  the  city  treasury  of  said  city,  for  the  use  of  said 
city,  the  sum  of  fifty  dollars,  as  an  annual  license  fee,  for  each  and 
every  car  used  by  said  company  on  the  railways  hereby  authorized 
which  has  not  been  included  for  license  fees  for  use  on  other  lines. 
The  number  of  cars  upon  which  license  shall  be  imposed  shall  be 
determined  and  the  license  fee  paid  in  the  sarnie  manner  as  provided 
in  an  ordinance  entitled  “An  ordinance  concerning  street  railways 
in  the  city  of  Chicago,”  passed  July  30th,  1883,  and  approved  by  the 
mayor  August  6th,  1883. 

T 5.  Street  improvements  and  repairs.]  § 5.  The  said 

company  shall,  as  respects  the  grading,  paving,  macadamizing,  filling 
or  planking  of  said  street  or  parts  of  streets  upon  which  they  shall 
construct  their  said  railways,  or  any  of  them,  keep  sixteen  feet  in 
width,  including  the  tracks,  in  good  repair  and  condition,  during  all 
the  time  to  which  the  privileges  hereby  granted  to  said  company  shall 
extend,  in  accordance  with  whatever  order  or  regulation  respecting 
the  ordinary  repair  thereof  may  be  passed  or  adopted  by  the  city 
council;  and,  whenever  any  new  improvement  shall  be  ordered  by  the 
city  council  therein,  the  said  company  shall  make  such  new  improve- 
ment with  like  material,  in  like  manner,  and  at  the  same  time  as  re- 
quired as  to  the  rest  of  the  street  not  embraced  in  the  sixteen  feet, 


628] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1445 


except  that  it  may  use  stone  as  now  authorized',  or  such  other  ma- 
terial as  may  be  hereafter  authorized,  by  the  city  council  of  said  city, 
for  the  space  between  the  rails  of  said  tracks. 

1"  6.  When  to  take  effect.]  § 6.  This  ordinance  shall  take 
effect  when  it  shall  have  been  accepted  by  said  railway  company;  Pro- 
vided the  same  shall  be  accepted  within  thirty  days  after  its  passage. 

§ 628.  North  Chicago  City  Railway  company. 

1.  Joint  grant — term — rate  of  fare. 

IT  2.  Tracks,  how  laid. 

*IT  3.  Time  of  completion. 

IT  4-  License  fee. 

5.  Street  improvements — repairs,  etc. 
if  6.  When  to  take  effect. 

An  ordinance  granting  authority  to  the  North  Chicago  City  Railway  company 
and  the  Chicago  West  Division  Railway  company  to  make  connections  be- 
tween their  lines  on  North  Halsted  street  bridge.  (Passed  March  i,  1886.) ; g 

T 1.  Joint  grant — term — rate  of  fare.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago  : § 1.  That  in  consideration  of  the 
acceptance  hereof,  and  the  undertaking  of  the  North  Chicago  City 
Railway  Company  and  the  Chicago  West  Division  Railway  Com- 
pany, respectively,  to  comply  with  the  provisions  herein  contained, 
permission  and  authority  is  hereby  given  to  the  North  Chicago  City 
Railway  Company  to  construct,  maintain  and  operate  a double  track 
railway  on  North  Halsted  street,  with  all  the  necessary  side  tracks, 
turnouts  and  switches,  from  the  intersection  of  said  Halsted  street 
with  Clybourn  avenue,  on  and  along  said  Halsted  street,  to  the  cen- 
ter of  the  north  branch  of  the  Chicago  river,  at  such  points  and  in 
such  way  that  they  make  connections  with  the  tracks  of  the  Chi- 
cago West  Division  Railway  Company,  at  such  center  of  the  river, 
thereby  making  continuous  lines  of  railways  on  North  Halsted  street, 
between  the  north  and  west  divisions  of  said  city;  and  for  this  pur- 
pose the  last  named  company  is  hereby  authorized  to  construct, 
maintain  and  operate  a double  track  railway,  with  all  the  necessary 
side-tracks,  turnouts  and  switches,  from  the  present  point  of  intersec- 
tion of  the  tracks  of  the  last  named  company  on  North  Halsted  street 
with  Indiana  street,  in  and  along  North  Halsted  street,  to  the  center 
of  the  north  branch  of  the  Chicago  river;  and  said  companies  may 
respectively  maintain,  and  operate  jointly  or  separately,  as  they  may 
agree,  said  railway  tracks,  upon  the  terms  and  conditions  and  subject 
to  the  restrictions  mentioned  in  this  ordinance,  for  the  period  of  twenty 
years  after  the  passage  hereof;  and  the  rate  of  fare  for  any  distance,  on 
the  cars  of  said  companies,  operated  on  the  tracks  hereby  authorized 
or  heretofore  constructed  or  authorized  to  be  constructed  on  said 
North  Halsted  street,  shall  not  exceed  five  cents  for  each  passenger 
for  any  continuous  passage  of  one  ride;  and,  when  any  car  on  said 
North  Halsted  street  shall  not  run  for  the  full  length  of  the  tracks 
used  by  either  or  both  of  said  companies,  a transfer  ticket  shall  be 


1446 


STREET  RAILWAYS. 


[§628 


given  to  each  passenger  who  shall  have  paid  fare,  and  shall  request 
the  same,  which  shall  be  good  to  such  passenger  for  the  fare,  if  pre- 
sented at  the  next  following  car,  at  the  place  of  such  transfer,  in  any 
other  Halsted  street  car,  running  on  North  and  South  Halsted  street, 
in  the  same  direction,  and  not  otherwise,  so  as  to  make  the  fare  five 
cents  for  a continuous  passage  in  the  same  direction  on  North  and 
South  Halsted1  street. 

1"  2.  Tracks,  how  laid.]  § 2.  The  tracks  hereby  authorized 
shall  be  laid  as  near  the  center  of  the  street  as  may  be  practicable, 
and  the  cars  to  be  used  shall  be  equal  to  those  now  in  use  by  said  com- 
panies, and  shall  be  used  for  no  other  purpose  than  the  transportation 
of  passengers  and  their  ordinary  luggage,  and  shall  be  operated  by 
animal  power,  and  not  otherwise. 

1”  3.  Time  of  completion.]  § 3.  The  tracks  hereby  author- 
ized shall  be  completed  before  the  first  day  of  November,  1888;  Pro- 
vided, however,  that,  if  the  said  companies,  or  either  of  them,  shall  be 
delayed  by  the  order  or  writ  of  any  court  from  proceeding  with  the 
work,  suitable  time,  equal  to  the  time  of  such  delay,  shall  be  added  to 
the  time  herein  prescribed  for  the  completion  of  said  tracks;  but  if, 
otherwise,  the  said  companies,  or  either  of  them,  shall  fail  to  com- 
plete the  said  tracks  within  the  time  mentioned,  the  city  may  revoke 
the  authority  so  far  as  such  tracks  are  not  completed. 

f 4.  License  fee.J  § 4.  Each  of  said  companies,  respecting 
the  license  fees  which  may  be  respectively  imposed  on  said  companies 
or  on  the  cars  operated  on  the  tracks  hereby  authorized,  shall  be  sub- 
ject to  the  provisions  of  section  one  of  an  ordinance  entitled,  “An 
ordinance  concerning  street  railways  in  the  city  of  Chicago,”  passed 
July  30th,  1883,  and  approved  by  the  mayor  August  6th,  1883.” 

Tf  5.  Street  improvements,  repairs,  etc.]  § 5.  Said  compa- 
nies, respectively,  as  respects  the  grading,  paving,  macadamizing,  fill- 
ing or  planking  of  said  North  Halsted  street,  or  parts  thereof,  upon 
which  they  shall  construct  their  said  railways,  or  any  of  them,  shall 
keep  sixteen  feet  in  width,  including  the  tracks,  in  good  repair  and 
condition  during  all  the  time  to  which  the  privileges  hereby  granted 
shall  extend,  in  accordance  with  whatever  order  or  regulation  respect- 
ing the  ordinary  repairs  thereof  may  be  passed  or  adopted  by  the  city 
council;  and,  when  any  new  improvements  shall  be  ordered  by  the  city 
council  thereon,  the  said  companies  shall  respectively  make  such  new 
improvements  with  like  materials  and  in  like  manner  and  at  the  same 
time  as  required  as  to  the  rest  of  the  street  not  embraced  in  the  sixteen 
feet,  except  that  they  may  use  stone  as  now  authorized,  or  such  other 
material  as  may1  be  hereafter  authorized,  by  the  city  council  of  said 
city,  for  the  space  between  the  rails  of  said  tracks;  and  as  respects  the 
crossing  of  the  tracks  of  said  companies,  or  either  of  them,  over  a bridge 
or  viaduct,  or  approaches  thereto,  and  the  construction,  improvement 


§ 629] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1447 


or  repair  of  the  same,  such  company  shall  only  be  required  to  plank 
or  pave  and  keep  in  repair  the  space  occupied  by  i'ts  tracks,  the  plank- 
ing or  paving  to  be  done  in  the  manner  to  be  agreed  upon  between 
such  company  and  the  commissioner  of  public  works. 

IT  6.  When  to  take  effect.]  § 6.  This  ordinance  shall  take 
effect  when  it  shall  have  been  accepted  by  said  railway  companies, 
provided  the  same  shall  be  accepted  within  thirty  days  after  its 
passage. 

§ 629.  North  Chicago  City  Railway  company. 

TT  1.  Grant — term — rate  of  fare. 

if  2.  Style  of  cars — passenger  traffic,  etc. 

‘IT  3.  Time  of  completion. 

4.  License  fee. 

5.  Street  improvement — repairs. 

TJ  6.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  North  Chicago  City  Railway  company 

to  construct  and  operate  a street  railway  on  certain  streets  therein  named. 

(Passed  March  15,  1886.  Accepted  March  29,  1886.) 

1 1.  Grant— term — rate  of  fare.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof,  and  the  undertakings  of  the  North  Chicago'  City 
Railway  Company  to  comply  with  the  provisions  herein  contained), 
permission  and  authority  is  hereby  given  to  said  company  to  con- 
struct, maintain  and  operate  a double-track  railway,  with  all  the  neces- 
sary side-tracks,  turnouts  and  switches',  from  its  tracks  on  Chicago 
avenue,  on  and  along  Market  street  to  the  intersection  of  Illinois,  and 
a single  track  from  the  intersection  of  Illinois  street,  on  and  along  said 
Market  street  to  Michigan  street,  and  thence  on  and  along  Michigan 
street  to  the  intersection  of  Wells  street  and  also  a single  track,  from 
Market  street,  on  and  along  Illinois  street  to  Wells  street,  and  to  con- 
nect the  last-named  tracks  with  the  tracks  now  used  by  said  company 
on  Wells  street;  and  said  company  may  maintain  and  operate  said 
railway  tracks  upon  the  terms  and  conditions  and  restrictions  men- 
tionedin  this  ordinance  for  the  period  of  twenty  years  after  the  passage 
of  this  ordinance. 

And  the  rates  of  fare  for  any  distance  on  the  tracks'  of  said  com- 
pany, whether  on  the  lines  hereby  authorized  or  heretofore  construct- 
ed, shall  not  exceed  five  cents  for  each  passenger  for  any  continuous 
travel  at  one  ride. 

% 2.  Style  of  cars— passenger  traffic,  etc.]  § 2.  The  tracks 
hereby  authorized  shall  be  laid  as  near  the  center  of  the  street  as  prac- 
ticable, the  cars  shall  be  constructed  with  all  the  latest  improvements 
for  the  comfort  and  convenience  of  passengers,  shall  be  used  for  no 
other  purpose  than  the  transportation  of  passengers  and  their  ordinary 
luggage,  and  shall  be  operated  by  animal  power  and  none  other. 

If  3.  Time  of  completion.]  § 3.  The  tracks  hereby  author- 


1448 


STREET  RAILWAYS. 


[§  630 


ized  shall  be  completed  before  the  first  day  of  November,  1886;  pro- 
vided, that  if  the  said  company  shall  be  delayed)  by  the  order  or  writ 
of  any  court  from  proceeding  with  the  work,  the  time  of  such  delay 
shall  be  excluded  from  the  time  prescribed  herein  for  completing  said 
railways,  and  if  the  said  company  shall  fail  to  complete  the  tracks 
within  the  time  mentioned,  the  city  may  revoke  the  authority  so  far 
as  such  tracks  are  not  completed. 

T 4.  License  fee.]  § 4.  The  North  Chicago  City  Railway 
Company  shall  pay  into  the  city  treasury  of  said  city,  for  the  use  of 
said  city,  the  sum  of  fifty  dollars  as  an  annual  license  fee  for  each  and 
every  car  used  by  said  company  on  the  railways  hereby  authorized 
which1  has  not  been  included  for  license  fees  for  use  on  other  lines.  The 
number  of  cars  upon  which  license  shall  be  imposed  shall  be  deter- 
mined, and  the  license  fee  paid  in  the  same  manner  as  provided  in  and 
ordinance  entitled  “An  ordinance  concerning  street  railways  in  the 
city  of  Chicago,”  passed  July  30th,  1883,  and  approved  by  the  mayor 
August  6th,  1883. 

If  5.  Street  improvements — repairs.]  § 5.  The  said  company 
shall,  as  respects  the  grading,  paving,  macadamizing,  filling  or  plank- 
ing of  said  streets,  or  parts  of  streets,  upon  which  they  shall  construct 
their  said  railways,  or  any  of  them,  keep  sixteen  feet  in  width,  includ- 
ing the  tracks,  where  they  have  a double  track,  and  eight  feet  in,  width, 
including  the  track,  where  a single  track  is  used,  in  good  repair  and 
condition,  during  all  the  time  to  which  the  privileges  hereby  granted 
to  said  Company  shall  extend,  in  accordance  with  whatever  order  or 
regulation,  respecting  the  ordinary  repairs  thereof,  may  be  passed  or 
adopted  by  the  city  council ; and  whenever  any  new  improvement  shall 
be  ordered  by  the  city  council  therein,  the  said  company  shall  make 
such  new  improvement  with  like  material,  in  like  manner,  and  at  the 
same  time  as  required  as  to  the  rest  of  the  street  not  embraced  in  the 
sixteen  or  eight  feet,  except  that  it  may  use  stone  as<  now  authorized1, 
or  such  other  material  as  may  be  hereafter  authorized  by  the  city  coun- 
cil of  said  city,  for  the  space  between  the  rails  of  said  tracks. 

T 6.  When  to  take  effect.]  § 6.  This  ordinance  shall  take 
effect  when  it  shall  have  been  accepted  by  the  railway  company  afore- 
said, provided  the  same  shall  be  accepted  within  thirty  days  after  its 
passage. 

§ 630.  North  Chicago  City  Railway  company. 

1.  Grant. 

2.  Conditions. 

3.  When  in  force. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  lay 

down,  maintain  and  operate  horse  railways  in  Halsted  street  in  the  town  of 

Lake  View.  (Passed  April  12,  1886.  Accepted  April  19,  1886.) 

If  1.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the 
town  of  Lake  View:  § 1.  That  authority  and  permission  be,  and  the 


§ 630] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1449 


same  are  hereby,  granted  to  the  North  Chicago  City  Railway  Com- 
pany to  lay  down,  maintain  and  use  a double-track  railway  to  be  oper- 
ated by  animal  power,  upon,  over  and  along  Halsted  street  from  Ful- 
lerton avenue  north  to  Belmont  street,  with  suitable  and  convenient 
extensions,  curves,  side-tracks,  turnouts  and  switches,  necessary  for 
the  operation  of  said  tracks,  and  their  connection  with  the  track  now 
laid  and  in  use  by  said  company  or  hereafter  laid  and  used  south  of 
said  Fullerton  avenue,  without  license  fee,  assessment  or  other  exac- 
tion, except  as  hereinafter  set  forth. 

1 2.  Conditions.]  § 2.  The  authority  and  permission  afore- 
said are  granted1  upon  the  following  conditions,  viz. : 

1.  That  North  Chicago  City  Railway  Company  shall  locate  its 
said  track  or  tracks  as  near  the  center  of  said  street  as  may  be  reason- 
ably practicable,  and  with  proper  regard  to  the  public  uses  of  said 
street,  and  lay  down  said  track  or  tracks  in  a substantial  and  proper 
manner,  concurrently  as  near  as  may  be  with  the  paving  of  said  street, 
as  such  paving  may  be  ordered  by  the  board  of  trustees  of  said  town; 
that  the  space  between  the  outer  rails  of  said  track  or  tracks  shall  be 
paved  by  and  at  the  expense  of  said  company  in  conformity  with  the 
order  of  said  board  of  trustees  for  the  pavement  of  said  street,  or  with 
stone,  a9  said  company  may  elect,  and  the  pavement  between  said  out- 
side rails  shall  be  kept  in  good  repair  by  and  at  the  expense  of  said 
company. 

2.  The  tracks  of  said  company  at  all  street  intersections  shall  be 
so  adjusted  as  to  occasion  no  unnecessary  obstruction  to  the  crossing 
of  the  same. 

3.  Said  company  shall  lay  down  said  track  or  tracks  in  Halsted 
street  aforesaid  and  begin  to  operate  the  same  for  the  conveyance  of 
passengers  on  or  before  the  first  day  of  November,  1886;  Provided, 
said  street  shall  be  paved  and  the  water,  gas  and  sewer  pipes  laid 
therein  and  all  connections  made  therewith  by  order  of  the  board  of 
trustees  of  said  town  at  or  prior  to  said  date. 

4.  The  regular  fare  for  each  passenger  upon  the  line  hereby  au- 
thorized conveyed  thereon  and  from  or  to  any  point  on  the  connect- 
ing lines  of  said  company  for  one  continuous  ride  in  the  same  car,  shall 
be  five  cents. 

5.  That  in  granting  the  authority  and  permission  aforesaid,  the 
town  of  Lake  View  specially  reserves  its  chartered  right  to  control  its 
streets  and  crossings,  and  grant  at  its  pleasure,  without  condemnation 
proceedings  or  other  let  or  hindrance  whatsoever,  to  any  other  person 
or  corporation  the  right  of  way  across  the  right  of  way  and  tracks 
of  the  said  North  Chicago  City  Railway  Company. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
or  corporation,  the  right  of  way  across  the  right  of  way  and  tracks  of 
the  said  North  Chicago  City  Railway  Company. 


1450 


STREET  RAILWAYS. 


[§  63i 


§ 631.  North  Chicago  City  Railway  company. 

TT  1.  Grant. 

IT  2.  Conditions. 

IT  3-  Repeal  of  part  of  ordinance  of  May  17,  1886. 

4.  When  to  take  effect. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  lay  down, 
maintain  and  operate  horse  railways  in  Belmont  avenue  between  Lincoln 
and  Western  avenues  in  the  town  of  Lake  View.  (Passed  and  [approved 
May  17,  1886.) 

IT  1.  Grant.]  Be  it  ordained  by  the  board1  of  trustees  of  the 
and  be  in  force  from  and  after  its  passage;  provided,  said)  North  Chi- 
cago City  Railway  Company  shall  within  ten  days  from  the  date  of 
its  passage  signify  in  writing  its  acceptance  thereof. 

IT  2.  Conditions.]  § 2.  The  authority  and  permission  afore- 
town  of  Lake  View:  § 1.  That  authority  and  permission  be  and  are 
hereby  granted  to  the  North  Chicago  City  Railway  Company  to  lay 
down,  maintain  and  use  a single  or  double  track  railway  with  a tram 
rail,  to  be  operated  by  animal  power,  upon  and  over  Belmont  avenue, 
from  a point  of  connection  with  the  tracks  of  said  company  in  Lincoln 
avenue  to  Western  avenue,  with  suitable  and  convenient  extensions, 
curves,  side-tracks,  turnouts  and  switches  necessary  for  the  operation 
of  said  tracks  and  their  connections  with  the  tracks  now  laid  and  in 
use  by  said  company  on  Lincoln  avenue,  without  license  fee,  assess- 
ment or  exaction  except  as  is  hereinafter  set  forth, 
said  are  granted  upon  the  following  conditions,  viz. : 

First.  That  said  North  Chicago  City  Railway  Company  shall  locate 
its  said  tracks  as  near  the  center  of  said  avenue  as  may  be  reasonably 
practicable  and  with  proper  regard  to  the  public  uses  of  said  street, 
and  lay  down  said  track  or  tracks  in  a substantial  and  jproper  manner, 
and  that  the  space  between  lines  parallel  with  and  eight  inches  on  the 
outside  of  the  outer  rails  of  said  track  or  tracks  shall  be  paved  by  the 
said  company  in  conformity  with  the  order  of  said  board  of  trustees 
for  the  pavement  of  said  street,  or  with  stone,  as  said  company  may 
elect.,  and  the  pavement  between  such  parallel  lines  shall  be  kept  in 
good  repair  by  and  at  the  expense  of  said  company. 

Second.  The  tracks  of  said  company  at  all  street  intersections 
shall  be  so  constructed  as  to  occasion  no  unnecessary  obstruction  to 
the  crossing  of  the  same. 

Third.  Said  company  shall  lay  down  at  least  one  of  said  tracks  in 
Belmont  avenue  aforesaid  and  begin  to  operate  the  same  for  the  con- 
venience of  passengers  on  or  before  the  first  day  of  November,  1886, 
and  whenever  the  said  board  of  trustees  shall  order  or  direct  said 
avenue  on  said  line  to  be  paved  said  company  shall  lay  double  tracks 
thereon. 

Fourth.  The  regular  fare  for  each  passenger  on  the  line  hereby 
authorized  conveyed  thereon  and  from  or  to  any  point  between  the 


632] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1451 


said  Lincoln  and  Western  avenues  for  one  continuous  ride  in  the 
same  car,  shall  be  five  cents. 

Fifth.  That  in  granting  the  authority  and  permission  aforesaid 
the  town  of  Lake  View  specially  reserves  its  chartered  rights  to  con- 
trol its  streets  and  crossings  and  grant  at  its  pleasure,  without  con- 
demnation proceedings  or  other  let  or  hindrance  whatsoever,  to  any 
other  person  or  corporation,  the  right  of  way  across  the  right  of  way 
and  tracks  of  the  said  North  Chicago  City  Railway  Company. 

1 3.  Repeal  of  part  of  ordinance  of  May  17,  1886.] 
§ 3.  The  fourth  provision  under  section  two  of  an  ordinance  author- 
izing the  North  Chicago  City  Railway  Company  to  lay  down,  main- 
tain and  operate  horse  railways  in  Lincoln  avenue  and  providing  tor 
extension  and  operating  of  the  same  in  Ashland  avenue  to  Graceland 
avenue  in  the  town  of  Lake  View,  adopted  September  2nd,  1885,  is 
hereby  repealed,  and  after  this  ordinance  shall  have  been  accepted  by 
said  company  as  hereinafter  provided,  the  regular  fare  for  each  passen- 
ger upon  the  line  of  the  North  Chicago  City  Railway  Company  from 
the  starting  point  of  the  cars  of  said  company  on  South  Clark  street, 
between  Randolph  and  Washington,  in  the  city  of  . Chicago,  to  Bel- 
mont avenue,  by  the  way  of  Lincoln  avenue,  shall  not  exceed  five 
cents  in  either  direction. 

Tf  4.  When  to  take  effect.]  § 4.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  provided  said  North 
Chicago  City  Railway  Company  shall  within  ten  days  from  the  date 
of  its  passage  signify  in  writing  its  acceptance  thereof. 

§ 632.  North  Chicago  City  Railway  company 
IT  1.  Grant  for  cable  power. 

If  2.  Excavations — conditions. 

3.  Cars — how  operated. 

Tf  4.  When  in  force. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  operate 

its  various  lines  by  cable  power  or  stationary  engines.  (Passed  June  7,  1886. 

Accepted  June  28,  1886.) 

T 1.  Grant  for  cable  power.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  North  Chicago  City 

Railway  Company,  or  its  lessee  or  assignee,  may  hereafter  operate  its 
various  lines  of  railways,  or  any  of  them,  or  any  part  thereof,  by  sta- 
tionary engine  or  engines,  not  located  on  the  public  streets  or  public 
• places  on  the  street,  and  propelled  by  other  than  animal  power. 

1 2.  Conditions— excavations.]  §2.  That  the  said  North  Chi- 
cago City  Railway  Company  may,  for  said  purposes,  make  all  needful 
and  convenient  curves,  trenches,  excavations  and  sewer  connections, 
and  may  place  all  needful  and  convenient  cables  and  machinery  on 
any  streets  upon  which  its  railways  are  now  constructed.  Such  ca- 
bles and  machinery  shall  be  underground  and  constructed  in  a sub- 


1452 


STREET  RAILWAYS. 


stantial  and  workmanlike  manner,  of  most  approved  method  and  con- 
venience, so  as  not  to  interfere  with  public  travel. 

Provided,  that  if  in  the  construction  of  said  trenches  and  excava- 
tions, any  damage  or  injury  shall  result  to  any  of  the  sewers,  water 
pipes  or  private  drains,  then  said  company  shall  pay  and  be  held  liable 
therefor;  and  if,  at  any  time,  by  reason  of  the  permission  hereby 
granted  and  the  making  of  said  trenches,  and  running  of  said  cables, 
any  injury  or  damages  shall  result  to  any  person  or  property,  then 
said  company  shall  be  liable  therefor;  .and  also,  that  all  needful  and 
convenient  connections  with  the  motive  power  or  engines,  shall  be 
subject  to  the  same  restrictions.  Also,  that  the  aperture  opening  into 
said  trenches  shall  not  exceed  five-eighths  of  an  inch  in  width. 

T 3.  Cars,  how  operated.]  § 3.  As  respects  conductors  and 
managers  of  its  cars,  said  North  Chicago  City  Railway  Company  may 
operate  not  exceeding  two  cars  and  the  grappling-car,  with  one  driver 
in  charge  of  the  grip-car,  and  one  conductor  in  charge  of  each  addi- 
tional car.  Provided,  however,  nothing  herein  shall  be  construed 
into  a waiver  or  relinquishment  by  the  city  of  Chicago  or  by  the  North 
Chicago  City  Railway  Company,  of  any  rights  or  privileges  either 
may  have  under  or  in  pursuance  of  any  law  or  ordinance  heretofore 
passed  in  reference  to  said  North  Chicago1  City  Railway  Company, 
or  in  pursuance  of  any  charter  rights  of  said  city,  except  as  hereto- 
fore stated. 

1 4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  supplementary  ordinance. 

§ 633.  North  Chicago  City  Railway  company. 

Preamble. 

^ 1.  Requiring  frontage  consents. 

A supplement  to  an  ordinance  entitled  “An  ordinance  authorizing  the  North 
Chicago  City  Railway  company  to  operate  its  cars  by  other  than  animal 
power.’’  (Passed  June  14,  1886.  Accepted  June  28,  1886.) 

Preamble.]  Whereas,  The  city  council  of  the  city  of  Chi- 
cago passed  an  ordinance  on  the  seventh  day  of  June,  1886,  entitled 
‘ ‘An  ordinance  authorizing  the  North  Chicago  City  Railway  Company 
to  operate  its  cars  by  other  than  animal  power;”  and, 

Whereas,  said  company  has  requested  the  city  council  to  pass  a 
supplement  thereto,  agreeing  to  accept  the  same  and  make  it  a part  of 
the  ordinance  already  passed;  now,  therefore, 

1 1.  Requiring  frontage  consents.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  provisions  of  said  or- 

dinance shall  not  apply  to  Division  street,  between  Clark  and  State 
streets,  and  State  street,  between  Division  and  Kinzie  streets,  unless 
the  owners  of  more  than  one-half  of  the  frontage  on  said  streets,  be- 
tween Clark  street  and  Kinzie  street,  shall  present  a petition  to  said 


634] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1453 


company  asking  that  the  cars  of  the  street  railway  company  be  oper- 
ated on  the  same  in  the  manner  therein  provided. 

§ 634.  North  Chicago  City  Railway  company. 

1.  Grant — route — cable  power — fare. 

2.  Excavations — indemnity. 

3.  Time  of  completion. 
i 4.  How  operated. 

5.  Rights  forfeited,  when, 
it  6.  When  in  force — acceptance. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  operate 
its  cars  on  Lincoln  avenue  between  Fullerton  and  Wrightwood  avenues  by 
other  than  animal  power.  (Passed  and  approved  August  2,  1886.  Accepted 
August  16,  1886.) 

T 1.  Grant — route — cable  power— fare.]  Be  it  ordained  by 
the  board  of  trustees  of  the  town  of  Lake  View:  § 1.  That  the 

North  Chicago  City  Railway  Company  or  its  lessee  or  assignee  may 
hereafter  operate  its  lines  of  railway  on  Lincoln  avenue  between  Ful- 
lerton and  Wrightwood  avenues,  by  stationary  engine  or  engines  not 
located  on  public  streets  or  public  places  on  the  street,  and  propelled 
by  other  than  animal  power;  Provided,  that  immediately  upon  the  ac- 
ceptance of  this  ordinance  by  the  said  railway  company  as  hereinafter 
provided  the  regular  fare  for  each  passenger  conveyed  upon  the  said 
line  from  or  to  any  point  in  the  connecting  lines  of  the  said  company 
for  a continuous  ride,  shall  be  five  cents. 

1 2.  Excavations — indemnity.]  § 2.  That  the  said  North 

Chicago  City  Railway  Company  may  for  such  purposes  make  all  need- 
ful and  convenient  curves,  trenches,  excavations  and  sewer  connec- 
tions, and  may  place  all  needful  and  convenient  cables  and  machinery 
upon  any  streets  upon  which  its  railways  are  now  constructed.  Such 
cables  and  machinery  shall  be  underground  and  constructed  in  a sub- 
stantial and  workmanlike  manner,  of  most  approved  method  and  con- 
venience, so  as  not  to  interfere  with  public  travel. 

Provided,  that  if  in  the  construction  of  such  trenches  and  excava- 
tions any  damage  or  injury  shall  result  to  any  of  the  sewers,  water 
pipes,  private  drains,  then  the  said  company  shall  pay  and  be  held  lia- 
ble therefor,  and  if  at  any  time,  by  reason  of  the  permission  hereby 
granted,  and  the  making  of  said  trenches  and  running  of  said  cables, 
any  injury  or  damages  shall  result  to  any  person  or  property,  then 
said  company  shall  be  held  liable  therefor,  and  also  that  all  needful 
and  convenient  connections  with  the  motive  power  or  engine  shall  be 
subject  to  the  same  restrictions  ; also'  that  the  aperture  opening  in  said 
trenches  shall  not  exceed  five-eighths  of  an  inch  in  width. 

Tf  3.  Time  of  completion.]  § 3.  The  said  company  shall  be- 
gin the  operation  of  its  cars  in  the  manner  herein  authorized  at  such 
time  as  it  shall  have  begun  to  operate  its  cars  in  like  manner  on  Lin- 
coln avenue  north  to  Fullerton  avenue,  and  construct  such  trenches. 


1454  STREET  RAILWAYS.  [§  635 

excavations,  sewer  connections,  cables  and  machinery  to  Wrightwood 
avenue. 

HI  4.  How  operated.]  § 4.  As  respects  conductors  and  man- 
agers of  its  cars,  said  North  Chicago  City  Railway  Company  may  op- 
erate not  exceeding  two  cars  and  a grappling  car,  with  one  driver  m 
charge  of  the  grip  car  and  one  conductor  in  charge  of  each  additional 
car. 

Provided,  however,  nothing  herein  shall  be  construed  into  a 
waiver  or  relinquishment  by  the  town  of  Lake  View,  or  by  the  North 
Chicago'  City  Railway  Company,  of  any  rights  or  privileges  either 
may  have  under  or  in  pursuance  of  any  law  or  ordinance  heretofore 
passed  in  reference  to  said  North  Chicago  City  Railway  Company,  or 
in  pursuance  of  any  charter  rights  of  said  town,  except  as  heretofore 
stated. 

HI  5.  Rights  forfeited,  when.]  § 5.  The  rights  and  privileges 
herein  granted  are  upon  the  express  condition  that  any  failure  upon 
the  part  of  said  company  to-  fulfill  all  and  singular  the  provisions  hereof 
shall,  at  the  option  of  the  board  of  trustees,  or  their  successors,  work 
a forfeiture  of  such  rights  and  privileges. 

Hi  6.  When  in  force — acceptance.]  § 6.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage;  Provided,  said 
North  Chicago'  City  Railway  Company  shall,  within  ten  days  from  the 
date  of  its  passage,  signify  in  writing  its  acceptance  thereof,  and  also 
its  acceptance  of  an  ordinance  entitled  “An  ordinance  authorizing  the 
North  Chicago  City  Railway  Company  to  lay  down,  maintain  and 
operate  horse  railways  in  Halsted  street  in  the  town  of  Lake  View,” 
passed  the  second  day  of  August,  1886,  and  also  its  acceptance  of  an- 
other ordinance  entitled  “An  ordinance  authorizing  the  North  Chi- 
cago City  Railway  Company  to  operate  its  cars  on  Clark  street  be- 
tween Fullerton  avenue  and  Diversey  street  by  other  than  animal 
power  A passed  the  second  day  of  August,  1886,  and  also'  its  accept- 
ance of  another  ordinance  entitled  “An  ordinance  authorizing  the 
North  Chicago  City  Railway  Company  to  construct  a horse  railway 
on  Clark  street  to  the  north  line  of  the  town  of  Lake  View,”  passed 
the  second  day  of  August,  1886. 

§ 635.  North  Chicago  City  Railway  company. 

IT  I*  Grant — motive  power. 

H[  2.  Excavation — construction. 

Hi  3.  Time  of  completion. 

IT  4-  Subject  to  ordinances. 

Hf  5-  Rights  forfeited,  when. 

Ht  6.  When  in  force — acceptance. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  operate 
its  cars  on  Clark  street  between  Fullerton  avenue  and  Diversey  street  by 
other  than  animal  power.  (Passed  and  approved  August  2,  1886.  Accepted 
August  16,  1886.)  4 


§ 63S] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1455 


IT  1.  Grant — motive  power.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake  View:  § i.  That  the  North  Chicago 

City  Railway  Company,  or  its  lessee  or  assignee,  may  hereafter  operate 
its  line  of  railway  on  Clark  street  between  Fullerton  avenue  and  Diver- 
sey  street  by  stationary  engine  or  engines  not  located  on  the  public 
streets  or  public  places  on  the  street,  and  propelled  by  other  than  ani- 
mal power. 

IT  2.  Excavations— construction.]  § 2.  That  the  said  North 
Chicago  City  Railway  Company  may  for  such  purposes  make  all 
needful  and  convenient  curves,  trenches,  excavations  and  sewer  con- 
nections, and  may  place  all  needful  and  convenient  stables  and  ma- 
chinery upon  any  streets  upon  which  its  railways  are  now  constructed. 
Such  cables  and  machinery  shall  be  underground  and  constructed  in 
a substantial  and  workmanlike  manner  of  most  approved  method  and 
convenience,  so  as  not  to  interfere  with  public  travel. 

Provided,  that  if  in  the  construction  of  such  trenches  and  excava- 
tions any  damages  or  injury  shall  result  to  any  of  the  sewers,  water 
pipes,  private  drains,  then  said  company  shall  pay  and  be  held  liable 
therefor,  and  if  at  any  time,  by  reason  of  the  permission  hereby  grant- 
ed and  the  making  of  said  trenches  and  running  of  said  cables,  any 
injury  or  damages  shall  result  to  any  person  or  property,  then  said 
company  shall  be  held  liable  therefor;  and,  also,  that  all  needful  and 
convenient  connections  with  the  motive  power  or  engine  shall  be  sub- 
ject to  the  same  restrictions;  also,  that  the  aperture  opening  into  said 
trenches  shall  not  exceed  five-eighths  of  an  inch  in  width. 

1*  3.  Time  of  completion.]  § 3.  The  said  company  shall  be- 
gin the  operation  of  its  cars  in  the  manner  herein  authorized  at  such 
time  as  it  shall  have  begun  to  operate  its  cars  in  like  manner  on  Clark 
street  north  to  Fullerton  avenue,  and  such  further  time  as  may  be  nec- 
essary by  the  use  of  reasonable  diligence  to'  construct  such  trenches, 
excavations,  sewer  connections,  cables  and  machinery  to  Diversey 
street. 

1 4.  Subject  to  ordinances.]  § 4.  As  respects  conductors 
and  managers  of  its  cars,  said  North  Chicago  City  Railway  Company 
may  operate  not  exceeding  two  cars  and  a grappling  car,  with  one 
driver  in  charge  of  the  grip  car  and  one  conductor  in  charge  of  each 
additional  car 

Provided,  however,  nothing  herein  shall  be  construed  into  a waiver 
or  relinquishment  by  the  town  of  Lake  View,  or  by  the  North  Chicago 
City  Railway  Company,  of  any  rights  or  privileges  either  may  have 
under  or  in  pursuance  of  any  law  or  ordinance  heretofore  passed  in 
reference  to  said  North  Chicago  City  Railway  Company,  or  in  pur- 
suance of  any  charter  rights  of  said  town,  except  as  heretofore  stated. 

H 5.  Rights  forfeited,  when.]  § 5.  The  rights  and  privileges 
herein  granted  are  upon  the  express  condition  that  any  failure  upon 


1456 


STREET  RAILWAYS. 


t 


[§  636 


the  part  of  said1  company  to  fulfill  all  and  singular  the  provisions  here- 
of shall,  at  the  option  of  the  board  of  trustees  or  their  successors, 
work  a forfeiture  of  such  rights  and  privileges. 

t 6.  When  in  force — acceptance.]  § 6.  This  ordinance 

shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Provided,  said  North  Chicago  City  Railway  Company  shall 
within  ten  days  from  the  date  of  its  passage  signify  in  writing  its 
acceptance  thereof,  and  also  its  acceptance  of  the  ordinance  entitled 
“An  ordinance  authorizing  the  North  Chicago  City  Railway  Com- 
pany to  lay  down,  maintain  and  operate  horse  railways  in  Halsted 
street  in  the  town  of  Lake  View,”  passed  the  second  day  of  August, 
1886;  and  also  its  acceptance  of  another  ordinance,  entitled,  “An  ordi- 
nance authorizing  the  North  Chicago  City  Railway  Company  to  oper- 
ate its  cars  on  Lincoln  avenue,  between  Fullerton  and  Wrightwood 
avenues,  by  other  than  animal  power,”  passed  the  second  day  of  Au- 
gust, 1886;  and,  also,  its  acceptance  of  another  ordinance,  entitled, 
“An  ordinance  authorizing  the  North  Chicago  City  Railway  Company 
to  construct  a horse  railway  on  Clark  street  to  the  north  line  of  the 
town  of  Lake  View,”  passed  the  second  day  of  August,  1886. 

§ 636.  North  Chicago  City  Railway  company. 

1.  Grant — term — route. 

2.  Tracks,  how  laid. 

•O'  3.  Time  of  completion. 

H]'  4.  Operated  by  driver  only. 

5.  Repair  of  streets— improvement. 

Tf  6.  Running  time  and  speed  regulated. 

IT  7.  Rate  of  fare. 

■fT  8.  Indemnity  clause. 

IT  9.  Rights  reserved. 

IT  10.  Rights  forfeited,  when. 

IT  11.  When  in  force — acceptance. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  construct 

a horse  railway  on  Clark  street  to  the  north  line  of  the  town  of  Lake  View. 

(Passed  and  approved  August  2,  1886.  Accepted  August  16,  1886.) 

1 1.  Grant — term — route.]  Be  it  ordained  by  the  board  of 

trustees  of  the  town  of  Lake  View:  § 1.  That  in  consideration  of 

the  acceptance  hereof  and  the  undertaking  of  the  North  Chicago  City 
Railway  Company  to  comply  with  the  provisions  herein  contained, 
permission  and  authority  is  hereby  given  to  the  said  company  to  con- 
struct, maintain  and  operate  for  a period  of  twenty  years  a double 
track  street  railway  on  Clark  street  between  Diversey  street  and  the 
north  line  of  the  town  of  Lake  View,  and  to  operate  the  same  by  ani- 
mal power  with  suitable  and  convenient  extensions,  curves,  side 
tracks,  turnouts,  turntables  and  switches  necessary  for  the  operation 
of  the  cars  and  tracks  and  their  connections  with  the  tracks  of  the 
said  company. 

IT  2.  Tracks,  how  laid.]  § 2.  The  tracks  of  said  railway  shall 


636] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1457 


not  be  elevated  in  said  streets  above  the  surface  of  the  streets  and 
shall  be  laid  with  modern  improved  rails  in  such  manner  that  car- 
riages and1  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction  and  the  rails  to  be  used 
shall  be  such  kind  or  character  as  are  required  by  the  ordinances  of 
said  town.  Each  of  said  tracks  shall  be  laid  as  near  the  center  of  said 
street  as  practicable  and  shall  not  be  laid  within  twelve  feet  of  the  side- 
walk in  any  place,  except  in  turning  street  corners  or  constructing 
curves  and  then  no  nearer  than  may  be  required  to  make  the  necessary 
curves,  and  the  cars  shall  be  constructed  with  all  the  latest  improve- 
ments for  the  comfort  and  convenience  of  passengers,  and  shall  be 
used  for  no  other  purpose  than  the  transportation  of  passengers. 

If  3.  Time  of  completion.]  § 3.  The  company  shall  lay  down 
said  tracks  and  begin  to  operate  its  cars  for  the  convenience  of  pas- 
sengers to  Lawrence  avenue  within  three  months,  and  to  the  north 
line  of  the  town  of  Lake  View  within  three  years  after  the  passage  of 
this  ordinance.  Provided,  that  if  said  company  shall  be  delayed  by 
the  writ  of  injunction  of  any  court  from  proceeding  with  the  work, 
the  time  of  such  delay  shall  be  excluded  from  the  time  prescribed  here- 
in for  completing  said  tracks.  Provided,  however,  that  the  board  of 
trustees,  or  their  successors,  may  direct  the  town  attorney  of  said  town 
to  intervene  in  any  such  suit  and  move  for  the  dissolution  of  such  in- 
junction. 

Provided,  further,  that  any  delay  exceeding  six  months  occasioned 
by  the  writ  of  injunction  sued  out  by  the  Rose  Hill  and  Evanston  Toll 
Road  Company,  or  its  assigns,  or  by  any  person  whose  application  for 
such  injunction  shall  be  based  on  any  supposed  rights  of  said  toll  road 
company,  shall  not  be  excluded  from  the  time  within  which  said  cars 
shall  be  operated  as  aforesaid. 

Provided,  further,  that  if  during  the  delay  contemplated  by  the  last 
preceding  proviso  the  said  company  shall  have  shown  due  diligence 
and  good  faith  in  endeavoring  to  obtain  a dissolution  of  such  injunc- 
tion, if  any  shall  be  issued,  and  shall  have  made  all  reasonable  efforts 
to  that  end,  then  such  further  time  to  operate  said  cars  shall  be  grant- 
ed as  said  board  of  trustees  may  deem  expedient  and  proper. 

T 4.  Operated  by  driver  only.]  § 4.  The  said  company 
shall  have  the  right  to  operate  the  said  cars  with  a driver  only  and 
when  so  operated  shall  place  in  the  car  a box  in  which  the  passengers 
shall  deposit  their  fare.  Provided,  however,  that  the  said  cars  when 
so  operated  shall  be  arranged  with  a patent  fare  collector,  patent  sig- 
nal strap  for  stopping  the  car,  and  patent  door  opener,  by  which  the 
door  in  the  rear  of  the  car  may  be  opened  or  closed1  by  the  driver  from 
the  front  platform 

1 5.  Repair  of  streets— improvement.]  § 5.  The  said  com- 
pany as  to  the  parts  of  said  street  in  and  upon  which  its  said 
railway  may  be  laid,  shall  keep  sixteen  *feet  in  width  in  good 

92 


1458 


STREET  RAILWAYS. 


condition  and  repair,  during  all  the  time  to  which  the  privi- 
leges hereby  granted  shall  be  extended,  in  accordance  with 
whatever  order,  ordinance,  or  regulation,  may  be  passed  or  adopted 
by  the  board  of  trustees,  or  their  successors,  in  relation  to  such  repair- 
ing, and  when  any  new  improvement  shall  be  ordered  by  the  board 
of  trustees  or  their  successors,  of  the  said  street  the  said  railway  com- 
pany shall,  in  the  manner  which  may  be  required  of  the  owners  of 
property  fronting  on  said  parts  of  said  street,  make  such  new  im- 
provements for  the  width  of  sixteen  feet,  and  if  said  company  shall 
refuse  or  fail  so  to  do,  the  same  may  be  done  by  the  board  of  trustees, 
or  their  successors,  and  the  company  shall  be  liable  to  the  town  of 
Lake  View  for  the  cost  thereof ; Provided,  said'  improvement,  if  a pave- 
ment shall  be  made  with  stone,  if  said  company  shall  so  select. 

If  6.  Running  time  and  speed  regulated.]  § 6.  The  board 
of  trustees  or  their  successors  may  regulate  the  time  or  times  of  run- 
ning the  said  cars,  and  their  rate  of  speed,  but  the  said  company  until 
such  regulation  shall  be  so  made  shall  run  said  cars  as  often  as  every 
fifteen  minutes  each  way,  during  the  part  of  the  day  when  it  is  usual 
for  cars  to  run. 

T 7.  Rate  of  fare.]  § 7.  The  regular  fare  for  each  passenger 
shall  not  exceed  five  cents  for  one  continuous  ride  in  one  direction 
south  of  Belmont  avenue,  on  the  connecting  lines  of  the  said  com- 
pany; and  five  cents  for  one  continuous  ride  in  one  direction  north  of 
Belmont  avenue  on  the  connecting  lines  of  the  said  company.  But 
said  company  shall  be  required  to  keep  at  its  office,  or  with  its  conduc- 
tors for  sale  to  persons  desiring  the  same,  tickets  good  for  thirty- 
three  rides  at  the  rate  and  price  of  one  dollar,  entitling  the  holder 
thereof  to  thirty-three  rides  in  either  direction  upon  the  line  of  rail- 
way aforesaid,  between  Diversey  street  and  Lawrence  avenue. 

T 8.  Indemnity  clause.]  § 8.  The  said  company  shall  forever 
indemnify  and  save  harmless  the  town  of  Lake  View  from  all  legal 
damages,  judgments,  decrees,  costs  and  expenses  of  the  same  wliich 
it  may  suffer  or  which  may  be  recovered  or  obtained  against  said 
town,  for  or  by  reason  of  or  granting  of  or  resulting  from  the  passage 
of  this  ordinance  or  any  matter  or  thing  connected  herewith,  and 
with  the  exercise  by  this  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance;  and  the  said  railway 
company  shall  pay  all  the  damages  to  the  owners  of  property  abut- 
ting on  said  street,  upon  or  over  which  its  said  road  is  to  be  construct- 
ed, which  said  owners  may  sustain  by  reason  of  the  location  or  con- 
struction of  said  company’s  road. 

T 9.  Rights  reserved.]  § 9.  The  board  6f  trustees,  or  their 
successors,  shall  have  the  right  to  lay  all  sewers  or  water  mains  in  said 
street  which  may  be  required  from  time  to  time,  but  in  case  of  the  dis- 
placement or  removal  of  said  tracks  by  the  board  of  trustees,  or  their 


637] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1459 


successors,  for  such  purpose,  then  the  same  shall  be  replaced  in  as 
good  condition  as  they  were  before  said  displacement,  and  the  expense 
thereof  to  be  paid  by  said  town. 

H 10.  Rights  forfeited,  when.]  g io.  The  rights  and  privi- 
leges herein  granted  are  upon  the  express  condition  that  any  fail- 
ure upon  the  part  of  said  company  to  fulfill  all  and  singular  the  pro- 
visions hereof,  shall  at  the  option  of  the  board  of  trustees  or  their 
successors,  work  a forfeiture  of  such  rights  and  privileges. 

T 11.  When  in  force — acceptance.]  § n.  This  ordinance 

shall  -take  effect  and  be  in  force  from  and  after  its  passage. 

Provided,  said  North  Chicago  City  Railway  Company  shall  with- 
in ten  days  from  the  date  of  its  passage,  signify  in  writing,  its  accept- 
ance thereof,  and  also  its  acceptance  of  the  ordinance  entitled  “An 
ordinance  authorizing  the  North  Chicago  City  Railway  Company  to 
lay  down,  maintain  and  operate  horse  railways  in  Halsted  street  m 
the  town  of  Lake  View,  passed  the  2d  day  of  August,  1886,  and  also 
its  acceptance  of  another  ordinance  entitled,  “An  ordinance  authoriz- 
ing the  North  Chicago  City  Railway  Company  to  operate  its  cars  on 
Clark  street  between  Fullerton  avenue  and  Diversey  street  by  other 
than  animal  power,”  passed  the  2d  day  of  August,  1886,  and  also  its 
acceptance  of  another  ordinance  entitled,  “An  ordinance  authorizing 
the  North  Chicago  Street  Railway  Company  to  operate  its  cars  on 
Lincoln  avenue  between  Fullerton  and  Wrightwood  avenues  by 
other  than  animal  power,”  passed  the  2d  day  of  August,  1886. 

§ 637.  North  Chicago  City  Railway  company. 

1.  Grant — term — route. 

If  2.  Conditions  of  grant. 

\ 3.  Forfeiture. 

y 4.  Repeal  of  ordinance  of  April  12,  1886. 

5.  When  in  force — acceptances. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  lay 
down,  maintain  and  operate  horse  railways  in  Halsted  street  in  the  town  of 
Lake  View.  (Passed  and  approved  August  2,  1886.  Accepted  August  16, 
1886.) 

T 1.  Grant — term — route.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake  View:  § 1.  That  authority  and  permis- 
sion be  and  the  same  are  hereby  granted  to  the  North  Chicago'  City 
Railway  Company  to  lay  down,  maintain  and  use  a double  track  rail- 
way to  be  operated  for  a period  of  twenty  years  by  animal  power, 
upon,  over  and  along  Halsted  street  from  Fullerton  avenue  north  to 
a point  two  hundred  feet  north  of  the  easterly  line  of  Clark  street, 
with  suitable  and  convenient  extensions,  curves^  side  tracks  and  their 
connection  with  the  track  now  laid  and  in  use  by  said  company,  or 
hereafter  laid  and  used  south  of  Fullerton  avenue,  without  license, 
fee,  assessment  or  other  exaction,  except  as  hereinafter  set  forth. 

IT  2.  Conditions  of  grant.]  § 2.  The  authority  and  permis- 


1460 


STREET  RAILWAYS. 


sion  aforesaid  are  granted  upon  the  following  conditions,  viz.:  i. 

That  the  said  North  Chicago  City  Railway  Company  shall  locate  its 
said  track  or  tracks  as  near  the  center  of  said  street  as  may  be  reason- 
ably practicable  and  with  proper  regard  to  the  public  uses  of  said 
street  and  lay  down  said  track  or  tracks  in  a substantial  and  proper 
manner  concurrently  as  near  as  may  be  with  the  paving  of  said  street, 
as  such  paving  may  be  ordered  by  the  board  of  trustees  of  said  town. 

2.  The  said  company  as  to  the  parts  of  said  street  in  and  upon 
which  its  said  railway  may  be  laid,  shall  keep  sixteen  feet  in  width 
in  a good  condition  and  repair,  during  all  the  time  to  which  the  priv- 
ileges hereby  granted  shall  be  extended  in  accordance  with  whatever 
order,  ordinance  or  regulation,  may  be  passed  or  adopted  by  the 
board  of  trustees  or  their  successors,  in  relation  to  such  repairing,  and 
when  any  new  improvement  shall  be  ordered  by  the  board  of  trustees 
or  their  successors,  of  the  said  street,  the  said  railway  company  shall 
in  the  manner  which  may  be  required  of  the  owners  of  property  front- 
ing on  said  parts  of  said  street,  make  such  new  improvement  for  the 
width  of  sixteen  feet,  and  if  said  company  shall  refuse  or  fail  to  do  so, 
the  same  may  be  done  by  the  board  of  trustees  or  their  successors, 
and  the  company  shall  be  liable  to  the  town  of  Lake  View  for  the 
cost  thereof;  Provided,  said  improvement,  if  a pavement  may  be  made 
with  stone,  if  said  company  shall  so  elect. 

3.  The  tracks  of  said  company  at  all  street  intersections  shall  be 
so  adjusted  as  to  occasion  no  unnecessary  obstruction  to  the  crossing 
of  the  same. 

4.  Said  company  shall  lay  down  said  track  or  tracks  in  Halsted 
street  aforesaid  and  begin  to  operate  the  same  for  the  conveyance  of 
passengers  on  or  before  the  first  day  of  November,  1886;  Provided, 
said  street  shall  be  paved  and  the  water,  gas  and  sewer  pipes  laid 
therein  and  all  connections  made  therewith  by  order  of  the  board  of 
trustees  of  said  town  at  or  prior  to  said  date. 

5.  The  regular  fare  for  each  passenger  upon  the  line  hereby  au- 
thorized conveyed  thereon  and  from  or  to  any  point  on  the  connect- 
ing lines  of  said  company  for  one  continuous  ride  shall  be  five  cents. 

6.  That  in  granting  the  authority  and  permission  aforesaid,  the 
town  of  Lake  View  specially  reserves  its  chartered  rights  to  control 
its  streets  and  crossings,  and  grant  at  its  pleasure,  without  condem- 
nation proceedings,  or  other  let  or  hindrance  whatsoever,  to  any  other 
person  or  corporation  the  right  of  way  across  the  right  of  way  and 
tracks  of  the  said  North  Chicago  City  Railway  Company. 

IT  3.  Forfeiture.]  § 3.  The  rights  and  privileges  herein 
granted  are  upon  the  express  condition  that  any  failure  upon  the  part 
of  said  company  to  fulfill  all  and  singular  the  provisions  hereof,  shall 
at  the  option  of  the  board  of  trustees  or  their  successors,  work  a for- 
feiture of  such  rights  and  privileges. 

T 4.  Repeal  of  ordinance  of  April  12,  1886.]  § 4.  An  or- 


§ 638] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1461 


dinance  entitled  “An  ordinance  authorizing  the  North  Chicago  City 
Railway  Company  to  lay  down,  maintain,  and  operate  horse  railways 
on  Halsted  street,”  passed  and  approved  April  12,  1886,  is  hereby  re- 
pealed. 

1 5.  When  in  force— acceptances.]  § 5.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Provided,  said  North  Chicago  City  Railway  Company  shall,  with- 
in ten  days  from  the  date  of  its  passage,  signify  in  writing  its  accept- 
ance thereof,  and  also  its  acceptance  of  the  ordinance  entitled  “An 
ordinance  authorizing  the  North  Chicago  City  Railway  Company  to 
operate  its  cars  on  Lincoln  avenue,  between  Fullerton  and  Wright- 
wood  avenues,  by  other  than  animal  power,”  passed  the  2nd  day  of 
August,  1886,  and  also  its  acceptance  of  another  ordinance  entitled 
“An  ordinance  authorizing  the  North  Chicago  City  Railway  Com- 
pany to  operate  its  cars  on  Clark  street,  between  Fullerton  avenue 
and  Diversey  street  by  other  than  animal  power,”  passed  the  2d  day 
of  August,  1886,  and  also  its  acceptance  of  another  ordinance  entitled 
“An  ordinance  authorizing  the  North  Chicago  City  Railway  Com- 
pany to  construct  a horse  railway  on  Clark  street  to  the  north  line  of 
the  town  of  Lake  View,”  passed  the  2d  day  of  August,  1886. 

§ 638.  North  Chicago  City  Railway  company 

1.  Grant. 

\ 2.  Tracks,  how  laid. 

3.  Tracks  to  be  promptly  laid. 

4.  Rate  of  fare. 

*ff  5.  Street  improvements  and  repairs. 

6.  Running  time  and  speed  regulated. 

\ 7.  Indemnity  clause. 

Tf  8.  Street  sprinkling. 

]f  9.  Forfeiture. 

10.  When  to  take  effect. 

An  ordinance  authorizing  the  North  Chicago  City  Railway  company  to  lay  down, 
maintain  and  operate  horse  railways  in  Evanston  avenue  between  Graceland 
avenue  and  a point  four  hundred  feet  north  of  the  center  line  of  Sulzer  street 
in  the  town  of  Lake  View.  (Passed  August  8,  1887.) 

% 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Lake  View:  § 1.  That  in  consideration  of  the  acceptance  hereof,  and 
the  undertaking  of  the  North  Chicago  City  Railway  Company  to 
comply  with  the  provisions  herein  contained,  permission  and  author- 
ity is  hereby  given  to  the  said  company  to  construct,  maintain  and  op- 
erate for  a period  of  twenty  years,  a double  track  street  railway  upon 
and  over  Evanston  avenue  from  a point  of  connection  with  the  tracks 
of  said  company  in  Evanston  avenue  near  Graceland  avenue,  as  they 
are  now  used  and  operated,  and  a goint  four  hundred  feet  north  of 
the  center  line  of  Sulzer  street,  in  the  city  of  Lake  View,  and  to  oper- 
ate the  same  by  animal  power  with  suitable  and  convenient  exten- 
sions, curves,  side  tracks,  turnouts,  turn  tables  and  switches  neces- 


1462  STREET  RAILWAYS.  [§  638 

sary  for  the  operation  of  the  cars  and  tracks  and  their  connections 
with  the  tracks  of  the  said  company. 

IT  2.  Tracks,  how  laid..]  § 2.  The  tracks  of  said  railway 
shall  not  be  elevated  in  said  streets  above  the  surface  of  the  streets, 
and  shall  be  laid  with  modern  improved  rails,  in  such  manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross'  the  same  at 
all  points  and  in  all  directions  without  obstruction,  and  the  rails  to  be 
used  shall  be  such  kind  or  character  as  are  required  by  the  ordinances 
of  said  city.  Each  of  said  tracks  shall  be  laid  as  near  the  center  of 
said  street  as  practicable  and  shall  not  be  laid  within  twelve  feet  of 
the  sidewalk  in  any  place,  except  in  turning  street  corners  or  con- 
structing curves,  and  then  no  nearer  than  may  be  required  to  make 
the  necessary  curves,  and  the  cars  shall  be  constructed  with  all  the 
latest  improvements  for  the  comfort  and  convenience  of  passengers, 
and  shall  be  used  for  no  other  purpose  than  the  transportation  of  pas- 
sengers. 

T 3.  Tracks  to  be  promptly  laid.]  § 3.  Said1  company  shall 
lay  down  said  tracks  immediately  upon  its  acceptance  of-  this  ordi- 
nance or  contemporaneously  with  the  improvement  of  said  street  now 
being  made,  to  the  end  that  the  pavement  on  said  street  may  not  be 
torn  up  or  disturbed  by  the  laying  of  said  tracks,  and  shall  as  soon  as 
said  street  within  the  limits  aforesaid  is  improved  under  the  ordi- 
nances of  such  city  now  in  force,  and  said  tracks  are  laid,  begin  to 
operate  the  same  for  the  conveyance  of  passengers. 

If  4.  Rate  of  fare.]  § 4.  The  regular  fare  on  the  line  hereby 
authorized  and  the  connecting  lines,  for  each  passenger  who  shall  be 
conveyed  thereon  from  or  to  any  point  between  Diversey  street  in 
said  city  of  Lake  View  and  the  said  point  four  hundred  feet  north  of 
Sulzer  street,  for  one  continuous  ride  in  one  direction  shall  not  ex- 
ceed five  cents,  provided  this  section  shall  not  be  construed  as  m 
any  way  or  manner  impairing  or  affecting  any  provision,  in  any  other 
ordinance  granting  rights  and  privileges  in  the  city  of  Lake  View  to 
said  company. 

1 5.  Street  improvements  and  repairs.]  § 5.  The  said  com- 
pany as  to  the  parts  of  said  street  in  and  upon  whidh  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and  re- 
pair, during  all  the  time  to  which  the  privileges  hereby  granted  shall 
be  extended,  in  accordance  with  whatever  order,  ordinance  or  regu- 
lation may  be  passed  or  adopted  by  the  city  council  in  relation  to  such 
repairing,  and  when  any  new  improvement  shall  be  ordered  by  the 
city  council,  of  the  said  street,  the  said  railway  company  shall,  in  the 
manner  which  may  be  required  of  the  owners  of  property  fronting  on 
said  parts  of  said  streets,  make  such  new  improvements  for  the  width 
of  sixteen  feet,  and  if  said  company  shall  refuse  or  fail  so  to  do,  the 
same  may  be  done  by  the  city  council,  and  the  company  shall  be  lia- 


§ 638] 


NORTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1463 


ble  to  the  city  of  Lake  View  for  the  cost  thereof  ; Provided  said  im- 
provement, if  a pavement,  may  be  made  with  stone,  if  said  company 
shall  so  elect. 

If  6.  Running  time  and  speed  regulated.]  § 6.  The  city 
council  may  regulate  the  time  or  times  of  running  the  said  cars,  and 
their  rate  of  speed,  but  the  said  company,  until  such  regulation  shall 
be  so  made,  shall  run  said  cars  as  often  as  every  fifteen  (15)  minutes 
each  way,  during  the  part  of  the  day  when  it  is  usual  for  cars  to  run. 

T 7.  Indemnity  clause.]  § 7.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Lake  View  from  all  legal 
damages,  judgments,  decrees,  costs  and  expenses  of  the  same  which 
it  may  suffer  or  which  may  be  recovered  or  obtained  against  said  city, 
for  or  by  reason  of  or  granting  of  or  resulting  from  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  herewith,  and  with 
the  exercise  by  this  company  of  the  privileges  hereby  granted,  or 
from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or 
by  virtue  of  the  provisions  of  this  ordinance;  and  the  said  railway 
company  shall  pay  all  the  damages  to  the  owners  of  property  abutting 
of  said  street,  upon  or  over  which  its  said  road  is  to  be  constructed, 
which  said  owners  may  sustain  by  reason  of  the  location  or  construc- 
tion of  said  company’s  road. 

T 8.  Street  sprinkling.]  § 8.  The  said  company  shall  from 
and  after  the  first  day  of' May  and  during  and  until  the  first  day  of 
November  in  each  and  every  year  during  the  existence  of  the  rights 
herein  granted,  keep  the  said  Evanston  avenue  from  Diversey  street 
to  said  point  four  hundred  (400)  feet  north  of  Sulzer  street  moistened 
and  well  sprinkled  with  water. 

1 9.  Forfeiture.]  § 9.  The  rights  and  privileges  herein 
granted  are  upon  the  express  condition  that  any  failure  upon  the  part 
of  said  company  to  fulfill  all  and  singular  the  provisions  hereof,  shall, 
at  the  option  of  the  city  council,  work  a forfeiture  of  such  rights  and 
privileges. 

If  10.  When  to  take  effect.]  § 10.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage;  Provided  said 
North  Chicago  City  Railway  Company  shall,  within  ten  days  from 
the  date  of  its  passage,  signify  in  writing  its  acceptance  thereof. 

Provided,  also,  the  said  railway  company  shall  have  obtained  from; 
Messrs.  McAdam  and  Amberg,  who  have  a contract  with  the  city  of 
Lake  View  for  improving  the  entire  width  of  said  Evanston  avenue 
from  Graceland  avenue  to  Sulzer  street,  a full  and  absolute  release 
and  discharge  from  so  much  of  said  contract  as  applies  to  the  center 
sixteen  feet  of  said  avenue,  so  that  the  city  of  Lake  View  will  be  re- 
leased from  all  and  every  obligation  to  pay  the  said  McAdam  and 
Amberg  for  the  improvement  in  section  five  (5)  of  this  ordinance  pro- 
vided to  be  made  by  the  said  railway  company. 


1464 


STREET  RAILWAYS. 


[§  639 


NORTH  CHICAGO  ELECTRIC  RAILWAY  COMPANY. 

§ 639.  North  Chicago  Electric  Railway  company. 

IF  i*  Grant — route — consent  of  other  companies. 

IF  2.  Double  track. 

IF  3.  Overhead  wires — return  circuit. 

IF  4*  Feeder  wires — running  time. 

IT  5-  Street  improvements  and  repairs. 

IF  6.  Time  of  completion. 

IF  7.  Fare — policemen,  firemen  and  letter  carriers  free 

if  8.  Tracks,  how  laid. 

IF  9-  License  fees. 

IF  10.  Heating  cars. 

IF  ii.  Indemnity  clause. 

IF  1 2.  Bond  of  indemnity. 

if  13*  When  in  force — acceptance. 

An  ordinance  authorizing  the  North  Chicago  Electric  Railway  company  to  con- 
struct and  operate  street  railroads  in  Lincoln  avenue  and  Milwaukee  avenue. 
(Passed  March  12,  1894.  Accepted  April  7,  1894.  Agreements  filed  April 
14,  1894.) 

IT  1.  Grant— route— consent  of  other  companies.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That,  in  con- 
sideration of  the  acceptance  hereof,  and  the  undertaking  by  the  North 
Chicago  Electric  Railway  Company  to  comply  with  the  provisions 
herein  contained,  consent,  permission  and  authority  are  hereby 
granted'  to  said  company,  its  successors  and  assigns,  to-  lay  down,  con- 
struct, maintain  and  operate,  for  the  period  of  twenty  (20)  years  from1 
and  after  the  date  of  the  passage  of  this  ordinance,  a double  track 
street  railroad,  with  all  such  necessary  and  convenient  turnouts,  side 
tracks  and  switches  as  the  commissioner  of  public  works  may  ap- 
prove and  permit,  in,  along  and  upon  certain  streets  in  the  city  of  Chi- 
cago, hereinafter  named,  with  the  right  to  connect  with  other  street 
railroad  tracks  and  to  operate  upon  said  street  railroads,  hereby  au- 
thorized, railway  cars  in  the  manner  and  for  the  time  and1  upon  the 
conditions  herein  prescribed;  Provided,  however,  that  the  North  Chi- 
cago Electric  Railway  Company,  before  this  ordinance  shall  become 
operative,  and  before  said  Electric  Railway  Company  shall  make  use 
of  any  part  of  either  of  the  avenues  in  which  authority  is  hereby  given 
to  construct  and  operate  a street  railroad  therein,  shall  first  obtain 
the  written  assent  and  agreement  of  the  North  Chicago  City  Rail- 
way Company  and  the  North  Chicago  Street  Railroad  Company  to 
such  user  in  Lincoln  avenue,  between  Wrightwood  avenue  and  Bel- 
mont avenue,  and  also  the  written  assent  and  agreement  of  the  Chi- 
cago West  Division  Railway  Company  and  the  West  Chicago  Street 
Railroad  Company  to  such  user  in  Milwaukee  avenue,  between  Arm- 
itage  avenue  and  Logan  square;  and  Provided,  further,  that  this 
grant  shall  not  be  construed  as  authorizing  the  North  Chicago  Elec- 
tric Railway  Company  to  lay  down,  construct  or  operate  in  Lincoln 
avenue,  between  said  Wrightwood  avenue  and  Belmont  avenue,  or  in 


§ 639]  NORTH  CHICAGO  ELECTRIC  RAILWAY  COMPANY.  1465 

Milwaukee  avenue,  between  Armitage  avenue  and  Logan  square,  any 
track  or  tracks  outside  of  the  space  now  occupied  respectively  by  the 
tracks  of  the  North  Chicago  City  Railway  Company  and  the  North 
Chicago  Street  Railroad  Company,  and  the  Chicago  West  Division 
Railway  Company  and  the  West  Chicago  Street  Railroad  Company; 
and  Provided,  further,  that  the  separate  written  assents  and  agree- 
ments hereby  required  and  authorized  to  be  entered  into  respectively 
between  the  said  North  Chicago  Electric  Railway  Company,  of  the 
one  part,  and  the  North  Chicago  City  Railway  Company  and  the 
North  Chicago  Street  Railroad  Company  of  the  other  part;  and  the 
North  Chicago  Electric  Railway  Company,  of  the  one  part,  and  the 
Chicago  West  Division  Railway  Company  and  the  West  Chicago 
Street  Railroad  Company  of  the  other  part,  shall  each  contain  an 
agreement  to  the  following  effect:  The  agreement  between  the  said 
North  Chicago  Electric  Railway  Company  and  the  North  Chicago 
City  Railway  Company  and  the  North  Chicago  Street  Railroad  Com- 
pany shall  stipulate  that  the  North  Chicago  Electric  Railway  Com- 
pany shall  haul  the  cars  of  the  North  Chicago1  City  Railway  Com- 
pany and  the  North  Chicago  Street  Railroad  Company,  from  the  con- 
nection with  the  cable  road  at  Wrightwood  avenue  to  Graceland  ave- 
nue, free  of  expense  to  said  North  Chicago  City  Railway  Company 
and  the  North  Chicago  Street  Railroad  Company;  and  Provided,  fur- 
ther, that  said  North  Chicago  Electric  Railway  Company  shall  carry 
passengers  on  said  cars  hauled  for  the  North  Chicago  City  Railway 
Company  and  the  North  Chicago  Street  Railroad  Company,  between 
said  Wrightwood  avenue  and  Graceland  avenue,  without  extra  fare, 
that  is  to  say,  that  there  shall  be  but  one  fare  of  five  (5)  cents  for  such 
passengers  for  one  continuous  ride,  either  way,  between  Graceland 
avenue  and  Monroe  street,  the  southern  terminus  of  the  railway  line 
of  the  North  Chicago  City  Railway  Company  and  the  North  Chicago 
Street  Railroad)  Company;  and  that  said  last  named  companies,  or 
one  of  them,  shall  furnish  to  said  North  Chicago  Electric  Railway 
Company  at  least  one  car  for  each  and  every  train  operated  by  said 
North  Chicago  Electric  Railway  Company  between  Wrightwood 
avenue  and  Graceland  avenue,  and  the  same  shall  be  hauled  by  said 
North  Chicago  Electric  Railway  Company  with  every  such  tram. 
The  agreement  between  the  said  North  Chicago  Electric  Railway 
Company  and  the  Chicago  West  Division  Railway  Company  and  the 
West  Chicago  Street  Railroad  Company  shall  stipulate  that  the  North 
Chicago  Electric  Railway  Company  shall  haul  the  cars  of  the  Chi- 
cago West  Division  Railway  Company  and  the  West  Chicago  Street 
Railroad  Company  from  the  connection  with  the  cable  road  at  Ar- 
mitage avenue  to  Logan  square,  free  of  expense  to  said  Chicago 
West  Division  Railway  Company  and  the  West  Chicago  Street  Rail- 
road Company;  and  Provided,  further,  that  the  said  North  Chicago 
Electric  Railway  Company  shall  carry  the  passengers  on  said  cars 


1466 


STREET  RAILWAYS. 


[§  639 


hauled  for  the  Chicago  West  Division  Railway  Company  and  the 
West  Chicago  Street  Railroad  Company,  between  said  Armitage 
avenue  and  Logan  square,  without  extra  fare,  that  is  to  say,  there 
shall  be — as  now  established — but  one  fare  of  five  (5)  cents  for  such 
passengers  for  one  continuous  ride,  either  way,  between  Logan  square 
and  La  Salle  street,  the  eastern  terminus  of  the  railway  line  of  the 
Chicago  West  Division  Railway  Company  and1  the  West  Chicago 
Street  Railroad  Company;  and  said  last  named  companies,  or  one  of 
them,  shall  furnish  said  North  Chicago  Electric  Railway  Company 
at  least  one  car  for  each  and  every  train  operated  by  said  North  Chi- 
cago Electric  Railway  Company  between  Armitage  avenue  and  Lo- 
gan square;  and  each  said  car  shall  be  hauled  by  the  said  North  Chi- 
cago Electric  Railway  Company  with  every  such  train. 

T 2.  Double  track.]  § 2.  The  said  North  Chicago  Electric 
Railway  Company  is  hereby  authorized  to  lay  a double  track  street 
railroad  in,  upon  and  along  the  course  of  the  following  streets:  On 

Lincoln  avenue,  between  Wrightwood  avenue  and1  North  Fifty-ninth 
street,  in  said  city  of  Chicago;  and  on  Milwaukee  avenue,  between 
Armitage  avenue  and  Lawrence  avenue,  in  said  city. 

IT  3.  Overhead  wires— return  circuit.]  § 3,  The  cars  to  be 

used  on  said  lines  of  railroad  hereby  authorized  may  be  propelled 
and  operated  by  electric  overhead  contact  wires  suspended  from  cross 
arms  extending  from  ornamental  iron  poles  of  such  construction  and 
design  as  may  be  approved  by  the  mayor  and  commissioner  of  public 
works,  such  poles  to  be  set  near  the  center  line  of  the  street,  between 
the  two  tracks  of  said  railroad,  and  so  as  to  cause  the  least  possible 
obstruction  to  the  use  of  the  streets.  The  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  (18 J4)  feet  above  the  rails;  and 
the  said  poles  authorized  shall  be  placed  on  an  average  of  not  less 
than  one  hundred  and  fifteen  (115)  feet  apart,  except  at  the  intersec- 
tion of  streets  and  avenues,  when  said  poles  or  supports  shall  be 
placed  at  the  intersection  of  streets  and  avenues;  Provided,  that  the 
city  of  Chicago  shall  have  the  right  to  use  the  said  poles  for  the  pur- 
pose of  stringing  wires,  and  the  right  to  affix  to  said  poles  electric 
lamps  for  street  lighting  purposes;  and  Provided,  further,  and  the 
privileges  and  rights  granted  by  this  ordinance  are  granted  upon  the 
express  condition  that  the  said  North  Chicago  Electric  Railway  Com- 
pany, its  successors  and  assigns,  shall  establish  and  maintain  a me- 
tallic return  circuit  conductor  independent  of  its  rails. 

1 4.  Feeder  wires — running  time.]  § 4.  For  the  purpose 

of  operating  said  cars,  said  North  Chicago  Electric  Railway  Com- 
pany may  make  all  such  needful  and  convenient  curves,  tracks,  turn- 
outs, excavations  and  sewer  connections  as  the  commissioner  of  pub- 
lic works  may  approve,  and  may  place  all  needful  and  convenient 
poles,  wires  and  appliances  in  said  Lincoln  avenue  and  Milwaukee 


§ 639]  NORTH  CHICAGO  ELECTRIC  RAILWAY  COMPANY.  1467 

avenue,  and  connect  the  said  wires  herein  authorized  with  the  gener- 
ator or  power  station  or  stations,  or  with  any  station  or  car  house  or 
houses  that  may  be  erected  along  the  lines  of  said  railway,  or  either 
of  them.  The  cars  or  carriages  to  be  used  on  said  railway  lines,  here- 
by authorized,  shall  be  used  for  no  other  purpose  than  to  carry  pas- 
sengers and  their  ordinary  baggage,  and  they  shall  be  kept  clean  and 
well  lighted,  and  shall  be  heated  as  hereinafter  provided.  At  least  one 
car  shall  be  run  every  half-hour  each  way  during  the  hours  between 
6 o’clock  a.  m.  and  12  o’clock  p.  m.,  and  at  least  one  car,  which,  howr 
ever,  may  be  drawn  by  horses,  shall  be  run  every  hour  each  way  dur- 
ing the  hours  between  12  o’clock  p.  m.  and  6 o’clock  a.  m.  . 

If  5.  Street  improvements  and  repairs.]  § 5.  The  said  North 
Chicago  Electric  Railway  Company,  as  to  the  part  of  each  of  said 
streets  in  and  upon  which  its  said  railways  may  be  laid,  shall  keep 
sixteen  (16)  feet  in  width  in  good  condition  and  repair,  during  all  the 
time  to  which  the  privileges  hereby  granted  shall  extend,  in  accord- 
ance with  any  order  or  regulation  that  may  be  adopted  by  the  city 
council  in  relation  to  such  repairs;  and  when  any  new  improvements 
shall  be  ordered  in  any  part  of  said  streets,  or  either  of  them,  the  com- 
pany shall,  in  the  manner  which  may  be  required  of  the  owners  of  the 
property  fronting  on  said  part  of  said  streets,  make  such  improve- 
ments for  the  width  of  sixteen  (16)  feet;  and,  if  said  company  shall 
refuse  or  fail  so  to  do,  the  same  may  be  done  by  the  city,  and  the  com- 
pany shall  repay  to  the  city  upon  demand  the  cost  thereof. 

Tf  6.  Time  of  completion.]  § 6.  The  tracks  authorized  to  be 
constructed  by  this  ordinance  in  said  Lincoln  avenue  and  said  Mil- 
waukee avenue  shall  be  laid  and  completed  in  each  of  said  avenues 
within  the  period  of  one  year  after  the  passage  and  acceptance  of  this 
ordinance.  If  said  company  shall  fail  to  complete  said  tracks  within 
said  time,  the  rights  and  privileges  hereby  granted  shall  cease  and  de- 
termine, and  the  city  of  Chicago  shall  have  the  right  to  remove  all 
tracks,  or  any  part  thereof,  laid  by  virtue  of  the  authority  granted  by 
this  ordinance.  The  time  during  which  any  legal  proceedings  shall 
be  pending  whereby  the  said  company  shall  be  prevented  from  or  de- 
layed in  constructing  its  railroad,  or  any  part  thereof,  shall  be  ex- 
cluded from  the  time  herein  prescribed  for  the  completion  of  said  rail- 
road, and  shall  be  allowed  to  said  company  in  addition  to  the  time 
prescribed  for  the  completion  thereof;  Provided,  however,  that  such 
exclusion  shall  date  only  from  the  time  when  the  said  company  shall 
have  given  notice  to  the  corporation  counsel  of  the  city  of  Chicago 
of  the  institution  of  such  legal  proceedings.  The  city  of  Chicago  shall 
have  the  right  to  intervene  in  any  suit  or  proceeding  brought  by  any 
person  or  persons  seeking  to  enjoin,  restrain,  or  in  any  manner  in- 
terfere with,  the  prosecution  of  said  work  of  construction,  and  move 
for  a dissolution  of  such  injunction  or  restraining  order,  and  for  any 


1468  STREET  RAILWAYS.  [§  639 

other  proper  order  in  such  suit,  in  case  it  shall  be  deemed  collusive 
or  instituted  for  the  purpose  of  delay. 

If  7.  Fare — policemen,  firemen  and  letter  carriers  free.]  § 7. 

The  rate  of  fare  to  be  charged  upon  the  line  of  railway  herein  author- 
ized in  Lincoln  avenue  shall  be  five  (5)  cents  for  one  continuous  ride 
from  Wrightwood  avenue  to  North  Fifty-ninth  street,  and  from  North 
Fifty-ninth  street  to  Wrightwood  avenue;  and  for  the  railway  line 
herein  authorized  to  be  constructed  in  Milwaukee  avenue,  the  fare 
shall  be  five  (5)  cents  for  one  continuous  ride  from  Armitage  avenue 
to  Lawrence  avenue,  and  from  Lawrence  avenue  to  Armitage  avenue ; 
Provided,  that  police  officers,  firemen  and  letter  carriers  in  uniform 
be  carried  free  of  charge. 

If  8.  Tracks,  how  laid.]  § 8.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid 
with  modern  improved  rails,  to  be  approved  by  the  mayor  and  com- 
missioner of  public  works,  and  in  such  a manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions  without  obstruction,  and  shall  be  also  laid  as  near  the 
center  of  the  street  as  practicable.  Section  1509  of  the  Municipal 
Code  of  Chicago  of  1881  shall  not  apply  to  the  railroad  tracks  herein 
authorized. 

If  9.  License  fees.]  § 9.  The  said  North  Chicago  Electric 
Railway  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dollars,  as  an  an- 
nual license  fee  for  each  and  every  car  used  by  said  company  on  each 
of  said  lines  herein  authorized,  in  the  manner  following:  In  com- 

puting the  number  of  cars  upon  which  said  license  charge  may  be  im- 
posed, thirteen  round  trips  when  one  car  is  used  in  the  transportation 
of  passengers  shall  be  taken  as  equivalent  to  one  day’s  use  of  the  car; 
one-thirteenth  of  such  round  trips  during  each  quarter  shall  be  di- 
vided by  the  number  of  days  in  such  quarter,  such  quotient  shall  be 
the  number  of  cars  subject  to  such  license  fee.  The  president  or  other 
chief  officer  of  said  company  shall,  under  oath,  make  report  quarter- 
yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole  num- 
ber of  cars  so  run  by  said  company,  and,  at  the  same  time,  pay  to  the 
said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be 
ascertained  as  above  prescribed  in  this  section.  The  first  quarter,  as 
to  each  line  of  railway,  shall  begin  upon  the  first  day  upon  which  the 
said  company  shall  run  a car  or  cars  for  the  carriage  of  passengers. 
After  the  expiration  of  five  years  from  the  date  of  the  passage  of  this 
ordinance  the  said  North  Chicago  Electric  Railway  Company  shall 
annually  pay  into  the  treasury  of  the  city  of  Chicago  a percentage  of 
its  gross  receipts  from  the  operation  of  the  roads  hereby  authorized, 
as  additional  compensation  for  the  benefits  conferred  by  this  ordi- 
nance upon  said  company,  as  follows:  One  per  centum  per  annum 


§ 639]  NORTH  CHICAGO  ELECTRIC  RAILWAY  COMPANY. 


1469 


for  a period  of  five  years;  two  per  centum  per  annum  for  the  follow- 
ing period  of  five  years  and  three  per  centum  per  annum  for  the  re- 
maining five  years  of  the  term  for  which  this  franchise  is  granted. 

10.  Heating  cars.]  § 10.  The  cars  upon  the  lines  hereby 
authorized  shall  be  provided  during  the  months  of  November,  De- 
cember, January,  February  and  March  of  each  year  with  heating  ap- 
paratus of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  of  said  car  and  heating  the  same;  and  the  said 
apparatus  shall  be  operated  at  such  times  during  the  months  aforesaid 
as  the  nature  of  the  weather  and  the  degree  of  the  temperature  shall 
require.  And  the  cars  upon  said  tracks  herein  authorized  to  be  laid 
shall  be  run  at  such  intervals  as  may  be  necessary  to  accommodate 
the  public. 

If  11.  Indemnity  clause.]  § 11.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  frum 
any  and  all  damages,  judgments,  decrees  and  costs  and  expenses 
which  it  may  suffer,  or  which  may  be  recoverable  or  obtained  against 
said  city,  for  or  by  reason  of  the  granting  of  such  privileges,  or  tor 
or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the  exercise  by 
said  company  of  the  privileges  hereby  granted,  or  from  any  act  or 
acts  of  said  company,  its  servants  or  agents,  under  or  by  virtue  of 
the  provisions  of  this  ordinance. 

Tf  12.  Bond  of  indemnity.]  § 12.  The  North  Chicago  Elec- 
tric Railway  Company  shall  execute  to  the  city  of  Chicago  a good  and 
sufficient  bond,  in  the  penal  sum  of  twenty-five  thousand  ($25,000) 
dollars,  to  be  approved  by  the  mayor,  for  the  faithful  observance  and 
performance  of  the  provisions  and  conditions  of  this  ordinance  on  its 
part  to  be  observed  and  performed  as  aforesaid. 

If  13.  When  in  force — acceptance— bond.]  § 13.  This  or- 
dinance shall  take  effect  and  be  in  force  as  soon  as  the  said  North 
Chicago  Electric  Railway  Company  shall  file  with  the  city  clerk  its 
formal  acceptance  of  the  same,  the  bond  as  herein  prescribed,  and 
also  the  written  agreements  with  the  North  Chicago  City  Railway 
Company  and  the  North  Chicago  Street  Railroad  Company  and  the 
Chicago  West  Division  Railway  Company  and  the  West  Chicago 
Street  Railroad  Company,  as  herein  provided;  Provided,  however, 
that,  if  said  acceptance  and  bond  and  both  said  agreements  shall  not 
be  filed1  with  said  city  clerk  as  aforesaid  within  sixty  (60)  days  from 
the  passage  of  this  ordinance,  this  ordinance  shall  be  void  and  of  no 
effect. 


1470 


STREET  RAILWAYS. 


[§  640 


§ 640.  North  Chicago  Electric  Railway  company. 


IT 

1. 

Grant — term — route — consent  of  other  companies. 

nr 

2. 

Tracks — time  of  completion. 

IT 

3- 

Motive  power. 

nr 

4- 

Cable  power — overhead  wires. 

nr 

5. 

Street  improvements  and  repairs. 

nr 

6. 

Restoration  of  streets. 

nT 

7- 

License  fee. 

nr 

8. 

Cars  to  be  heated. 

nr 

9- 

Rate  of  fare. 

nr 

10. 

Feeder  wires  in  certain  streets. 

nr 

11. 

Time  of  completion. 

nr 

12. 

Indemnity  clause. 

nr  13- 

Bond. 

nr  14. 

When  in  force. 

An  ordinance  granting  permission  to  the  North  Chicago  Electric  Railway  com- 
pany to  operate  and  maintain  a street  railway  on  certain  streets.  (Passed 

July  27,  1896.  Accepted  August  6,  1896.) 

If  1.  Grant— term — route— consent  of  other  companies.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  Permis- 
sion and  authority  are  hereby  granted  to  the  North  Chicago  Electric 
Railway  Company,  its  successors  and  assigns,  to  lay  down,  construct 
and  operate  for  the  period  of  twenty  years  from  and  after  the  pas- 
sage hereof,  a double  track  street  railway,  with  all  necessary  and  con- 
venient turnouts  and  switches,  in,  upon  and  along  the  following 
routes:  Commencing  in  North  Robey  street,  at  its  intersection  with 

Lincoln  avenue  and  Irving  Park  boulevard,  and  connecting  at  that 
point  with  the  present  tracks  of  the  said  North  Chicago  Electric  Rail- 
way Company,  and  thence  running  northerly  in  and  along  said  North 
Robey  street  to  Bryn  Mawr  avenue,  and  thence  running  easterly  in 
and  along  said  Bryn  Mawr  avenue  to  East  Ravenswood  Park,  and 
thence  running  northerly  in  and  along  said  East  Ravenswood  Park 
to  Rose  Hill  Cemetery  station;  also,  in  and  along  the  following  route: 
Commencing  at  Balmoral  avenue,  at  its  intersection  with  said  North 
Robey  street,  and  connecting  at  that  point  with  the  tracks  herein- 
above authorized,  thence  running  easterly  in  and  along  said  Balmoral 
avenue  to  East  Ravenswood  Park,  and  thence  running  northerly  in 
and  along  said  East  Ravenswood  Park  to  Bryn  Mawr  avenue,  con- 
necting at  that  point  with  the  tracks  hereinabove  authorized;  and, 
also,  in  and  along  the  following  route:  Commencing  in  Lawrence 

avenue,  at  its  intersection  with  Evanston  avenue,  and  thence  running 
westerly  in  and  along  said  Lawrence  avenue  to  the  intersection  of 
said  Lawrence  avenue  with  Milwaukee  avenue,  and  connecting  at  said 
intersection  of  Evanston  avenue  with  the  tracks  of  the  Chicago  North 
Shore  Street  Railway  Company  and,  also,  in  and  along  the  follow- 
ing route:  Commencing  in  Montrose  boulevard,  at  its  intersection 

with  Evanston  avenue,  and  thence  running  westerly  in  and  along 
said  Montrose  boulevard  to  its  intersection  with  Milwaukee  avenue, 
connecting  at  said  intersection  at  Evanston  avenue  with  the  tracks  of 


640]  NORTH  CHICAGO  ELECTRIC  RAILWAY  COMPANY. 


1471 


the  Chicago  North  Shore  Street  Railway  Company;  Provided,  how- 
ever, that  before  making  the  connections  hereby  authorized  to  be 
made  with  the  tracks  of  the  Chicago  North  Shore  Street  Railway 
Company,  the  said  North  Chicago  Electric  Railway  Company  shall 
obtain  the  written  consent  of  the  said  Chicago  North  Shore  Street 
Railway  Company  to  make  such  connections. 

If  2.  Tracks — time  of  completion.]  § 2.  The  tracks  of  said 
railways  hereby  authorized  shall  not  be  elevated  above  the  surface  of 
the  street,  and  shall  be  laid  with  modern,  improved  rails,  and  in  such 
manner  that  carriages  and  other  vehicles  can  easily  and  freely  cross 
the  same,  at  all  points  and  in  all  directions,  without  obstruction,  and 
shall  also  be  laid  as  near  the  center  of  the  street  as  practicable,  ex- 
cept as  hereinafter  directed.  That  section  1509  of  the  Municipal  Code 
of  Chicago  of  1881  shall  not  apply  to  the  railway  tracks  herein  au- 
thorized, but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor 
and  commissioner  of  public  works  and  shall  be  laid  under  the  direc- 
tion of  the  said  commissioner;  and  Provided,  further,  that  the 
said  tracks  hereby  authorized  shall  be  laid  within  18  months 
after  the  passage  of  this  ordinance,  not  counting  the  months  of  De- 
cember, January,  February  and  March;  and  in  the  event  the  said 
tracks  shall  be  laid  in  any  street  or  avenue  in  which  the  said  tracks 
are  hereby  authorized  to  be  laid,  before  the  water  or  sewer  pipes  shall 
be  laid  in  any  such  street  or  avenue,  then  such  sewer  or  water  pipes 
shall  be  laid  in  such  street  or  avenue  on  either  side  of  the  said  tracks, 
and  so  as  not  to  interfere  with  said  tracks  then  laid  in  such  street  or 
avenue  and  Provided,  further,  that  the  tracks  hereby  authorized  to  be 
laid  in  said  Montrose  boulevard  shall  be  laid  in  said  Montrose  boule- 
vard, between  Clark  street  on  the  west  and  the  east  line  of  Graceland 
Cemetery,  on  the  south  side  of  said  Montrose  boulevard,  and  within 
the  space  of  sixteen  feet  lying  north  of  the  said  curb  line  in  said  Mont- 
rose boulevard. 

3.  Motive  power.]  § 3.  The  cars  to  be  used  on  said  rail- 
way may  be  operated  by  electric  power,  cable  or  such  other  motive 
power  as  said  company  shall  by  any  ordinance  of  the  city  of  Chicago 
be  authorized  to  use. 

If  4.  Cable  power— overhead  wires.]  § 4.  In  case  said  com- 
pany, upon  the  lines  hereby  authorized,  shall  use  cable  power,  the 
method  of  laying  and  constructing  such  cable,  and  operating  the 
same,  shall  in  all  respects  be  the  same,  and  be  governed  by  the  same 
conditions  and  limitations  as  provided  by  an  ordinance  of  the  city 
council  of  the  city  of  Chicago  passed  June  7th,  1886,  authorizing  the 
North  Chicago  Street  Railroad  Company  to  use  cable  power. 

And  in  case  said  company,  upon  the  lines  hereby  authorized,  shall 
use  electric  power  by  means  of  electric  overhead  contact  wires,  the 
method  of  construction  and  operation  shall  be  the  same,  and  gov- 


1472 


STREET  RAILWAYS. 


erned  by  all  the  conditions  and  limitations  as  provided  in  an  ordinance 
of  the  city  of  Chicago  passed  April  30th,  1894,  authorizing  the  oper- 
ation by  electric  overhead  contact  wires  of  certain  lines  of  the  North 
Chicago  Street  Railroad  Company  and  the  West  Chicago  Street  Rail- 
road Company;  Provided,  however,  that  the  iron  poles  for  support- 
ing the  trolley  wires  shall  be  placed  between  the  curb  lines  and  the 
sidewalk  and  next  to  the  curb  line. 

1 5*  Street  improvements  and  repairs.]  § 5.  The  said  com- 
pany, as  to  the  parts  of  said  streets  and  avenues  in  and  upon  which 
its  said  railways  may  be  laid,  shall  pave  and  keep  sixteen  feet  in  width 
in  good  condition  and  repair  during  all  the  time  to  which  the  privi- 
leges hereby  granted  shall  extend,  in  accordance  with  whatever  order, 
ordinance  or  regulation  may  be  passed  or  adopted  by  the  city  council 
in  relation  to  such  repairing;  and  when  any  new  improvement  shall 
be  ordered  by  the  city  council  of  said  part  of  said  streets  or  avenues, 
the  said  railway  company  shall,  in  the  manner  which  may  be  required 
of  the  owners  of  the  property  fronting  on  said  part  of  said  street, 
make  such  new  improvement  for  the  width  of  sixteen  feet;  and  if  the 
said  company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by 
the  city,  and  the  company  shall  be  liable  to  the  city  for  the  cost 
thereof.  Said  railway  company  shall  pave  the  center  sixteen  feet  of 
that  part  of  said  streets  and  avenues  hereby  authorized1  to  be  used 
for  railroad  purposes  at  the  time  when  its  tracks  shall  be  laid,  and  in 
event  said  streets  and  avenues,  or  any  of  them,  shall  have  been  paved 
before  said  tracks  shall  be  laid,  said  company  shall  refund  to  the 
property  owners  the  cost  of  said  sixteen  feet;  Provided,  however,  that 
said  company  shall  not  be  required  to  pave  that  part  of  Montrose 
boulevard  in  which  its  tracks  are  not  laid  in  the  center  of  the  said 
boulevard,  and  are  hereby  authorized  to  be  laid  on  the  south  side  of 
the  said  boulevard  and  next  to  the  curb  line. 

T 6.  Restoration  of  streets.]  § 6.  When  the  right  of  said 
railway  company  to  operate  its  railway  on  said  streets  and  avenues 
shall  cease  and  determine,  said  company  shall  remove  the  tracks  from 
the  said  part  of  said  streets  and  avenues,  and  put  the  said  parts  of  the 
said  streets  and  avenues,  from  which  said  tracks  shall  be  removed, 
in  as  good  condition  as  the  adjacent  part  of  said  streets  or  avenues, 
way  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 

1 7.  License  fee.]  § 7.  The  said  North  Chicago  Electric  Rail- 
for  the  use  of  said  city,  the  sum  of  fifty  dollars  ($50)  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company,  in  the  man- 
ner following:  In  computing  the  number  of  cars  upon  which  said 

license  charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is 
used  in  the  transportation  of  passengers,  shall  be  taken  as  equivalent 
to  one  day’s  use  of  the  car,  one-thirteenth  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter, 


§ 640]  NORTH  CHICAGO  ELECTRIC  RAILWAY  COMPANY.  1473 

such  quotient  shall  be  the  number  of  cars  subject  to  such  license  fee; 
Provided,  however,  that  such  cars  shall  not  already  be  liable  for  the 
payment  of  a license  fee  on  one  of  the  other  lines  of  this  company  or 
its  connections.  The  president  or  any  other  officer  of  said  company 
shall,  under  oath,  make  report  quarter-yearly  to  the  comptroller  of 
the  city  of  Chicago,  of  the  whole  number  of  cars  so  run  by  said  com- 
pany, and  at  the  same  time  pay  to  the  said  comptroller  twelve  dollars 
and  a half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed 
in  this  section.  The  first  quarter  shall  begin,  on  the  first  day  upon 
which  said  company  shall  run  a car  or  cars  for  the  carriage  of  pas- 
sengers. 

8.  Cars  to  be  heated.]  § 8.  The  cars  upon  the  railways 
hereby  authorized  shall  be  provided  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus  of  a kind  and  nature  to  be  selected  by  said  company,  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  cars 
and  heating  the  same;  and  the  said  apparatus  shall  be  operated  a't 
such  times  during  the  months  aforesaid  as  the  need  of  the  weather 
and  degree  of  the  temperature  shall  require  and  on  all  cars,  both  day 
and  night.  And  the  cars  upon  said  tracks  herein  authorized  to  be  laid 
shall  be  run  at  such  intervals  as  may  be  necessary  to  accommodate 
the  public. 

1"  9.  Rate  of  fare.]  § 9.  The  rate  of  fare  over  the  several 
lines  herein  specified,  together  with  the  main  lines  of  the  North  Chi- 
cago Electric  Railway  Company,  shall  be  five  (5)  cents  for  a continu- 
ous ride  over  the  said  lines;  so  that  a passenger  riding  between  the 
extreme  limits  of  either  of  the  lines  hereby  authorized,  to  the  connect- 
ing point  of  the  North  Chicago  Electric  Railway  Company  with  the 
North  Chicago  Street  Railroad,  or  the  connecting  point  with  the  West 
Chicago  Street  Railroad  in  a continuous  ride,  shall  be  charged  five 
(5)  cents  in  either  direction. 

If  10.  Feeder  wires  on  certain  streets.]  § 10.  Permission 
and  authority  are  also  given  to  said  railway  company  to  erect  and 
maintain  poles  in  and  along  Bryn  Mawr  avenue,  from  Elston  avenue 
to  Clark  street;  and  also  in  and  along  North  Fifty-ninth  street,  from 
Evanston  avenue  to  Robey  street,  and  to  place  and  attach  to  such 
poles  feed  wires  for  the  purpose  of  conveying  electricity  from  the 
power  house  or  power  houses,  to  the  wires  necessary  to  operate  said 
lines  of  railway  hereby  authorized. 

11.  Time  of  completion.]  § 11.  If  said  company  shall  be 
restrained  or  prevented  from  proceeding  with  the  work  upon  said 
railway,  by  the  order  or  writ  of  any  court  of  competent  jurisdiction, 
the  time  during  which  said  company  may  be  so  delayed  shall  be  added 
to  the  time  herein  prescribed'  for  the  completion  of  said  work.  The 
city  of  Chicago  shall,  however,  have  the  right  to  intervene  in  any  suit 


93 


1474  STREET  RAILWAYS.  [§  64I 

for  an  injunction  to  restrain  the  said  company  as  aforesaid,  and  move 
for  a dissolution  of  said  injunction. 

1”  12.  Indemnity  clause.]  § 12.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago,  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the 
exercise  by  the  said  company  of  the  privileges  hereby  granted,  or 
from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance. 

IT  13.  Bond.]  § 13.  The  North  Chicago  Electric  Railway 
Company  shall  execute  to  the  city  of  Chicago  a good  and  sufficient 
bond  in  the  penal  sum  of  fifty  thousand  dollars  ($50,000),  to  be  ap- 
proved by  the  mayor,  conditioned  for  the  faithful  observance  and 
performance  of  the  provisions  and  conditions  of  this  ordinance,  on 
its  part  to  be  performed  and  observed  as  aforesaid. 

1"  14.  When  in  force.]  § 14.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  approval  by  the  mayor, 
and  filing  of  the  bond  and  acceptance  as  herein  prescribed;  Provided, 
however,  that  if  said  acceptance  and  bond  shall  not  be  filed  as  afore- 
said, within  sixty  (60)  days  of  the  passage  hereof,  then  all  the  rights 
and  privileges  herein  granted  to  said  North  Chicago  Electric  Rail- 
way Company  shall  be  void  and  of  no  effect. 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 

§ 641.  North  Chicago  Street  Railroad  company. 

•ff  1.  Cable  road  authorized. 

2.  Tracks  required — fare,  etc. 

•IL  3.  Time  limited — forfeiture,  etc. 

*j[  4.  Street  improvements,  etc. 

it  5.  $25,000  per  annum  license  fee  unless  bridges  are  built,  etc. 

•jf  6.  Improvements  and  repairs  to  and -in  the  tunnel. 

^ 7.  Rate  of  speed  and  running  time  may  be  regulated. 

If  8.  License  fee  $50  per  car. 

If  9.  Removal  of  snow. 

nt  10.  Tracks  to  be  removed,  when. 

n[  11.  Bond. 

nt  12.  When  in  force. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  operate 
by  cable  power  through  the  La  Salle  street  tunnel  and  on  streets  in  the 
south  division.  (Passed  July  19,  18861  Accepted  October  ii,  1886.) 

T 1.  Cable  road  authorized.]  Be  it  ordained  by  the  city  coun- 


§ 641]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1475 

cil  of  the  city  of  Chicago:  § i.  That  in  consideration  of  the  ac- 

ceptance hereof  and  the  undertaking  of  the  North  Chicago  Street 
Railroad  Company  to  comply  with  the  provisions  herein  contained, 
permission  and  authority  is  hereby  given  to  said  company  to  construct, 
maintain  and  operate  a double  track  street  railroad  on  Illinois  street, 
between  Clark  and  Wells  streets,  and  on  La  Salle  avenue  and  La 
Salle  street,  through  the  La  Salle  street  tunnel,  from  Illinois  to  Jack- 
son  street,  and  to  operate  the  same  by  stationary  engines  not  located 
upon  the  streets  or  public  places  of  the  city,  upon  the  terms  and 
conditions,  and  subject  to  the  restrictions,  mentioned  in  this  ordi- 
nance, and  for  that  purpose  to  make  all  needful  and  convenient 
trenches,  excavations  and  sewer  connections,  and  to  place  all  needful 
and  convenient  endless  cables  and  machinery  on  said  streets,  so  that 
such  cables  and  machinery  shall  be  under  ground  and  not  interfere 
with  public  travel,  such  right  to>  be  in  force  for  the  period  of  twenty 
years  after  the  passage  of  this  ordinance.  And  said  company  may 
make  all  necessary  side  tracks,  turnouts,  curves,  switches  and  con- 
nections with  other  street  railway  tracks  which  may  be  intersected  by 
said  company  in  laying  said  tracks,  and  may  connect  its  tracks  on 
Illinois  street  with  the  tracks  laid  by  the  North  Chicago^  City  Rail- 
way Company,  and  operate  the  same  herewith;  Provided,  that  if,  in 
constructing  said  trenches  and  excavations,  or  using  the  same,  any 
damage  or  injury  shall  result  to  any  of  the  sewers,  water  pipes  or 
private  drains,  then  the  said  company  shall  pay  and  be  held  liable 
therefor;  and  if  at  any  time,  by  reason  of  the  permission  hereby 
granted,  and  the  making  of  said  trenches  or  running  said  cables,  any 
injury  or  damage  shall  result  to  any  person  or  property,  then  said 
company  shall  be  held  liable  therefore,  and  said  company  shall  pay  all 
damages  to  the  owners  of  property  abutting  upon  roads,  streets,  high- 
ways or  public  property  upon  or  over  which  its  said  road  is  to  be  con- 
structed, which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  company’s  road.  And  all  needful  and  convenient 
connections  with  the  motive  power  or  engines  shall  be  subject  to  the 
same  conditions  and  restrictions;  And  provided,  further,  that  the 
aperture  opening  into  the  said  trenches  shall  not  exceed  five-eighths 
of  an  inch  in  width;  And  provided,  further,  that  said  North  Chicago 
Street  Railroad  Company  may  operate  not  exceeding  two  cars  and 
one  grappling  car  attached  together,  with  one  driver  in  charge  of  the 
grip  car,  and  one  conductor  in  charge  of  each  additional  car. 

T 2.  Tracks  required — fare,  etc.]  § 2.  The  tracks  of  said 
railway  shall  not  be  elevated  in  said  streets  above  the  surface  of  the 
streets,  and  shall  be  laid  with  modern  improved  rails,  in  such  man- 
ner that  carriages  and  other  vehicles  can  easily  and  freely  cross  the 
same  at  all  points  and  in  all  directions  without  obstruction. 

Section  1509  (§1704-1897)  of  tne  “Municipal  Code  of  Chicago/’ 
of  1881,  shall  not  apply  to  the  said  railway  tracks  herein  authorized; 


1476 


STREET  RAILWAYS. 


[§  64i 


but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor  and  com- 
missioner of  public  works.  Each  of  said  tracks  shall  be  laid  as  near 
the  center  of  said  street  as  practicable,  and  shall  not  be  laid  within 
twelve  feet  of  the  sidewalk  in  any  place,  except  in  turning  street  cor- 
ners or  constructing  curves,  and  then  no  nearer  than  may  be  required 
to  make  the  necessary  curve;  and  the  cars  shall  be  constructed  with 
all  the  latest  improvements  for  the  comfort  and  convenience  of  pas- 
sengers, and  shall  be  used  for  no  other  purpose  than  for  the  trans- 
portation of  passengers.  Animal  power  may  be  used  to  move  the 
cars.  The  rate  of  fare  shall  not  exceed  five  cents  for  each  passenger 
for  any  continuous  travel  at  one  ride  over  said  tracks,  and  the  tracks 
laid  by  the  North  Chicago  City  Railway  Company. 

IT  3.  Time  limited— forfeiture,  etc.]  § 3.  The  tracks  herein 
authorized  shall  be  completed  before  the  first  day  of  November,  A.  D. 
1887;  Provided,  that  if  the  said  company  shall  be  delayed,  by  the 
writ  of  injunction  of  any  court,  from  proceeding  with  the  work,  the 
time  of  such  delay  shall  be  excluded  from  the  time  provided  herein 
for  the  completing  of  said  tracks;  Provided,  however,  that  the  cifv 
law  department  may  intervene  in  any  such  suit,  and  move  for  the  dis- 
solution of  such  injunction  in  case  such  suit  may  be  deemed  by  such 
law  department  as  collusive,  or  for  the  purpose  of  delay  or  exten- 
sion of  such  time.  And  if  the  said  company  shall  fail  to  complete 
the  tracks  within  the  time  mentioned  herein,  the  rights  and  privi- 
leges hereby  granted  shall  cease  and  determine. 

T 4.  Street  improvements,  etc.]  § 4.  The  said  company,  as 
to  the  parts  of  streets  in  and  upon  which  its  said  railway  may  be  laid, 
shall  keep  eight  feet  in  width  where  a single  track  shall  be  laid,  and 
sixteen  feet  in  width  where  a double  track  shall  be  laid,  in  good  con- 
dition and  repair  during  all  the  time  to  which  the  privileges  hereby 
granted  shall  be  extended,  in  accordance  with  whatever  order,  ordi- 
nance or  regulation  may  be  passed  or  adopted  by  the  city  council  in 
relation  to  such  repairing,  and  when  any  new  improvement  shall  be 
ordered,  by  the  city  council,  of  the  said  streets,  or  any  of  them,  the 
said  railway  company  shall,  in  the  manner  which  may  be  required  of 
the  owners  of  property  fronting  on  said  parts  of  streets,  or  any  of 
them,  make  such  new  improvements  for  the  width  of  eight  feet  where 
a single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid;  and  said  company  shall  make  any  new 
improvement  of  the  roadway  of  said  tunnel  as  may  be  required  by 
said  council;  and,  if  said  company  shall  refuse  or  fail  so  to  do,  the 
same  may  be  done  by  the  city,  and  the  company  shall  be  liable  to  the 
city  for  the  cost  thereof.  Nothing  in  this  ordinance  shall  be  construed 
as  imposing  any  obligations  or  duty  upon  the  city  of  Chicago  con- 
cerning the  repair  or  maintenance  .of  said  La  Salle  street  tunnel. 

1 5.  $25,000  per  annum  license  fee  unless  bridges  are  built, 
etc.]  § 5.  The  said  North  Chicago  Street  Railroad  Company  shall 


§ 641]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1477 

pay  to  the  city  of  Chicago,  as  a fee  for  the  license  or  permission  to 
lay  its  cables  and  tracks  and  run  its  cars  through  said  La  Salle  street 
tunnel,  the  sum  of  $25,000  per  annum,  payable  semi-annually  on  the 
first  days  of  January  and  July  of  each  year  during  the  time  said  tunnel 
is  used  by  said  company,  the  time  to  commence  when  said  company 
shall  begin  to  dig  its  trenches  or  lay  its  tracks  through  said  tunnel; 
Provided,  however,  that  if  said  company  shall  pay  into  the  city  treas- 
ury, or  arrange  to  the  satisfaction  of  the  mayor  and  city  comptroller 
for  such  payment,  an  amount  of  money  sufficient  to  defray  the  entire 
expense  of  erecting  a new  four-track  iron  bridge,  similar  to  those  at 
Rush  and  Lake  streets,  the  same  to  be  operated  by  steam  power,  over 
the  Chicago  river  at  Clark  street,  in  lieu  of  the  present  bridge  at  that 
point,  then  said  annual  license  fee  shall  be  reduced  to  the  sum  of 
$10,000  per  annum,  from  and  after  the  payment  of  said  expenses  into 
the  city  treasury,  or  if  said  expense  be  arranged  for  as  aforesaid,  but 
not  paid  in  advance,  then  from  and  after  the  commencement  of  the 
construction  of  said  bridge.  Before  said  rebate  shall  be  allowed,  the 
said  company  shall  secure  the  consent  of  the  abutting  property  own- 
ers to  the  erection  and  swinging  of  said  bridge  in  perpetuity;  Pro- 
vided, further,  that  if  said  company  shall  also-  pay  into  the  city  treas- 
ury, or  arrange  for  said  payment  in  the  manner  hereinbefore  men- 
tioned, an  amount  of  money  sufficient  to  defray  the  entire  expense  of 
erecting  a similar  four-track  iron  bridge,  to  be  operated  by  steam 
power,  over  the  Chicago  river  at  Wells  street  and  Fifth  avenue  in 
lieu  of  the  present  bridge  at  that  point,  then  said  annual  license  fee 
shall  cease  to-  be  paid,  from  and  after  the  time  when  said  expense  is 
advanced  to  the  city,  or,  if  arranged1  for  as  aforesaid  and  not  ad- 
vanced, then  from  and  after  the  commencement  of  the  construction  of 
said  last-mentioned  bridge.  The  expense  of  erecting  said  bridges, 
and  each  of  them,  shall  also  include  the  cost  of  all  necessary  piers, 
abutments,  engines  and  machinery,  and  the  same  shall  be  built  from 
plans  to  be  prepared  by,  and  under  the  supervision  of,  the  . commis- 
sioner of  public  works.  Such  plans  to  be  prepared  by  said  commis- 
sioner within  90  days  after  the  acceptance  of  this  ordinance  by  said 
company.  It  is  hereby  declared  that  said  bridges  shall  not  be  con- 
structed at  the  same  time,  nor  either  of  them,  while  said  tunnel  shall 
be  closed  for  the  building  of  said  trenches  or  the  laying  of  said  tracks 
therein.  The  said  company  may,  however,  elect  as  to  which  of  said 
bridges  shall  be  first  constructed;  but  the  abatements  herein  above 
named  from  said  license  fee  of  $25,000  shall  be  made  for  each  of  said 
bridges,  to  wit:  $10,000  for  said  bridge  at  Wells  street  and  5th  ave- 
nue, and  $15,000  for  the  bridge  at  Clark  street,  in  accordance  with  the 
provisions  therefor  hereinbefore  stated.  For  any  failure  to  comply 
with  the  provisions  of  this  section,  this  ordinance  shall  be  subject  to 
repeal. 

U 6.  Improvements  and  repairs  to  and  in  the  tunnel.]  § 6. 

The  said  company  shall  pave  the  entire  roadway  of  said  tunnel,  from 


1478 


STREET  RAILWAYS. 


end  to  end,  with  stone  or  such  other  material  as  may  be  agreed  upon 
by  said  company  and  the  commissioner  of  public  works;  and  said 
company  shall  provide  proper  engine  or  engines,  boilers  and  ma- 
chinery with  which  to  light  and  ventilate  said  tunnel  and  pump  the 
water  from  the  roadway  thereof,  using  the  present  engine  station 
ground  for  the  same,  as  far  as  practicable,  and  shall,  during  the  use 
of  said  tunnel,  light  the  same,  including  the  footway,  in  the  best  man- 
ner, and  shall  keep  the  said  tunnel  and  its  passageways  free  from  wa- 
ter and  well  ventilated. 

The  said  company  shall  also  keep  the  walls  of  the  carriageway 
and  footway  wall  well  painted,  and  maintain  the  tunnel  in  good  repair 
during  the  time  it  shall  use  the  same.  The  said  company  shall,  at 
its  own  expense,  pave,  maintain,  and  keep  paved  and  in  good  order, 
the  whole  of  the  roadway  through  said  tunnel.  The  rails  to  be  used 
in  the  tunnel  shall  be  a grooved  rail,  having  a flat  surface,  and  so 
laid  that  the  surface  on  both  edges  shall  be  flush  with  the  pavement, 
the  groove  being  for  the  flange  of  the  wheel  to  run  in.  The  bands,  or 
“Z  iron,”  which  protect  the  slot  or  aperture  opening  into  the  trenches, 
shall  be  corrugated,  or  shall  have  a rough  surface,  so  as  to  prevent 
horses  from  slipping  thereon;  such  rails  and  bands  to  be  approved 
of  by  the  mayor  and  commissioner  of  public  works  and  to  be  laid  to 
their  satisfaction.  Said  company  shall  not  be  permitted  to  and  shall 
not  run  any  of  its  cars  at  a speed  greater  than  four  miles  per  hour; 
and  whenever  a carriage,  wagon,  or  other  vehicle  shall  be  in  Iront  of 
a car  passing  through  said  tunnel  on  the  up  grade,  then  the  speed  of 
said  car  shall  be  governed  by  the  speed  of  such  carriage,  wagon  or 
vehicle;  Provided,  however,  that  it  shall  be  the  duty  of  the  driver 
of  such  carriage,  wagon  or  other  vehicle,  to  exercise  reasonable  dili- 
gence so  as  not  to  unnecessarily  delay  such  car.  The  city  council 
may,  at  any  time,  change  or  regulate  the  speed  of  the  cars  passing- 
through  said  tunnel,  but  no  such  regulation  shall  so  increase  the  speed 
above  named  as  thereby  to  exclude  the  use  of  said  tunnel  by  vehicles 
other  than  the  street  cars. 

IT  7.  Rate  of  speed  and  running  time  may  be  regulated.] 

§ 7.  The  city  council  shall  have  power  at  all  times  to  make  such 
regulations  as  to  the  rate  of  speed  on  said  streets,  and  time  or  times 
of  running  said  cars  or  carriages,  as  the  public  safety  and  conveni- 
ence may  require. 

T 8.  License  fee  $50  per  car.]  § 8.  The  provisions  of  sec- 
tion 1 of  an  ordinance  entitled  “An  ordinance  concerning  the  street 
railways  in  the  city  of  Chicago,”  passed  July  30,  1883,  and  the  license 
fee  of  $50  per  car  as  therein  imposed,  shall  extend  to  the  cars  to  be 
run  on  the  railway  hereby  authorized;  Provided,  that  but  one  license 
fee  shall  be  charged  for  cars  over  the  lines  of  said  company  in  con- 
nection with  the  lines  of  the  North  Chicago  City  Railway  Company. 

1 9.  Removal  of  snow.]  § 9.  The  said  company  shall  not 


§ 641a] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1479 


place,  or  caused  to  be  placed,  outside  of  its  tracks  upon  the  roadway 
of  said  streets,  or  either  of  them,  the  snow  which  may  fall  upon  said 
tracks,  except  upon  the  condition  that  the  same  be  removed  there- 
from by  said  company  within  eighteen  hours  after  the  cessation  of 
such  snowfall.  Said  tunnel  shall  at  all  times  be  kept  free  from  snow. 

% 10.  Tracks,  etc.,  to  be  removed,  when.]  § 10.  When  the 
right  of  said  company  to  operate  its  said  railway  upon  said  streets  and 
in  said  tunnel  shall  cease,  said  company  shall  remove  its  tracks  from 
the  same  and  place  the  same  in  as  good  condition  as  when  said  tracks 
were  laid. 

1 11.  Bond.]  § 11.  The  said  North  Chicago  Street  Railroad 
Company  shall  enter  into  a good1  and  sufficient  bond  with  the  city  of 
Chicago,  with  sureties  satisfactory  to  the  mayor,  in  the  penal  sum 
of  $50,000,  for  the  faithful  performance  of  all  the  terms  and  condi- 
tions contained  in  this  ordinance,  and  that  said  railway  herein  men- 
tioned shall  be  completed  at  the  times  and  manner  herein  stated, 
unless  delayed  by  order  of  court,  as  provided  by  section  3 of  this 
ordinance. 

1”  12.  When  in  force.]  § 12.  This  ordinance  shall  take  ef- 
fect and  be  in  force  as  soon  as  the  same  shall  have  been  duly  accepted 
by  said  company,  and  the  said  company  shall  have  executed  and  filed 
with  the  city  clerk  the  bond  provided  for  herein,  in  manner  and  form 
as  hereinbefore  required;  Provided,  however,  that  unless  this  ordi- 
nance shall  be  duly  accepted  and  said  bond  executed  and  filed  within 
ninety  days  of  the  passage  hereof,  this  ordinance  shall  be  null  and 
void. 

Note. — See  three  following  amendatory  ordinances. 

§ 641a.  North  Chicago  Street  Railroad  company. 

Preamble. 

*[[  1.  Modification  of  grant. 

An  ordinance  changing  and  modifying  ordinance  of  July  19,  1886,  as  to  tracks  of 

the  North  Chicago  Street  Railroad  company  in  La  Salle  street.  (Passed 

July  6,  1887.) 

Preamble.]  Whereas,  the  North  Chicago  Street  Railroad 
Company  acquired  the  right,  by  an  ordinance  passed  July  19,  1886, 
to  construct  a street  railroad  on  certain  streets  named  in  said  ordi- 
nance, and  said  company  has  laid  its  double  tracks  on  La  Salle  street, 
from  Washington  street  to  Monroe  street,  and  is  about  to  continue 
the  same  from  Monroe  street  to  Jackson  street;  and, 

Whereas,  the  property  owners  on  La  Salle  street  are  anxious  that 
only  a single  track  shall  be  laid  at  present  on  La  Salle  street,  from 
Randolph  street  to  Monroe  street,  and  that  no  track  shall  now  be 
laid  south  of  Monroe  street,  and  said  company  is  willing  to  temporari- 
ly remove  one  of  its  present  tracks  on  La  Salle  street,  between  Wash- 
ington street  and  Monroe  street,  and  also  to  postpone  the  laying 


1480 


STREET  RAILWAYS. 


of  its  tracks  on  La  Salle  street  south  of  Monroe  street,  upon  condi- 
tion that  said  company  shall  have  and  possess  all  the  rights  as  granted 
by  said  ordinance  of  July  19,  1886:  therefore, 

1.  Modification  of  grant.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  the  time  for  the  completion  of 

the  tracks  of  the  North  Chicago  Street  Railroad  Company  upon  La 
Salle  street,  as  authorized  by  the  ordinance  of  July  19,  1886,  is  hereby 
extended  until  November  1,  1888;  Provided,  that  the  second  track 
laid  by  said  company  upon  La  Salle  street,  between  Washington  street 
and*  Monroe  street,  shall  be  removed  by  said  company  within  ten  (10) 
days  from  the  taking  effect  of  this  ordinance;  and  provided,  also,  that 
all  the  grants  to  said  company,  as  specified  in  said  ordinance  of  July 
19,  1886,  shall  be  and  remain  vested  in  said  company,  upon  the  con- 
ditions mentioned  in  such  ordinance. 

§ 641b.  North  Chicago  Street  Railroad  company. 

1.  Amendment — rebate — consent. 

^ 2.  When  effectual. 

An  ordinance  amending  ordinance  of  July  19,  1886,  to  the  North  Chicago  Street 
Railroad  company.  (Passed  October  5,  1888.) 

T 1.  Amendment  -rebate — consent.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago':  § 1.  That  the  ordinance  passed  by 

the  city  council  July  19,  1886,  granting  permission  to  the  North  Chi- 
cago Street  Railroad  Company  to  construct  a street  railroad  on  Illi- 
nois street,  and  on  La  Salle  avenue  and  La  Salle  street,  through  the 
La  Salle  street  tunnel,  be  and  the  same  is  hereby  amended  by  striking 
out  from  section  5 of  said  ordinance  the  following  sentence: 

“Before  said  rebate  shall  be  allowed',  the  said  company  shall  se- 
cure the  consent  of  the  abutting  property  owners  to  the  erection  and 
swinging  of  said  bridge  in  perpetuity.” 

1 2.  When  effectual.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 641c.  North  Chicago  Street  Railroad  company. 

1.  Extension  of  time, 
f 2.  In  force,  when,  j 

An  ordinance  granting  a further  extension  of  time  to  the  North  Chicago  Street 
Railroad  company  to  lay  tracks  on  La  Salle  street  (under  ordinance  of  July 
19,  1886).  (Passed  October  15,  1888.) 

If  1.  Extension  of  time.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  the  time  for  the  completion  of  the 

tracks  of  the  North  Chicago  Street  Railroad  Company  upon  La  Salle 
street,  as  authorized  by  the  ordinance  of  July  19,  1886,  and  amended 
by  the  ordinance  of  July  6,  1887,  be  and  the  same  is  hereby  extended 
until  such  time  as  the  council  shall  order  the  laying  and  completion  of 
the  said  tracks. 


642] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1481 


% 2.  In  force,  when.]  § 2.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  the  date  of  its  passage. 

§ 642.  North  Chicago  Street  Railroad  company. 

1.  Extension  on  Division  street — fare  five  cents,  etc. — transfer 
tickets. 

*(['  2.  Tracks  required. 

3.  How  laid. 

][  4.  Animal  power  only — passenger  traffic. 

^1  5.  Street  improvements,  repairs,  etc. 

6.  Speed  and  time  of  running  may  be  regulated. 

7.  Time  limited — forfeiture,  etc. 

8.  Removal  of  tracks,  etc. 

^f  9.  Indemnity  to  city. 

10.  Bond. 

•j]  11.  License  fee. 

T[  12.  Bridges. 

13.  When  to  take  effect. 

An  ordinance  permitting  the  North  Chicago  Street  Railroad  company  to  operate 
on  Division  strpet  between  Cly bourne  and  Milwaukee  avenues.  (Passed 
December  20,  1886.) 

1.  Extension  on  Division  street— fare  five  cents,  etc. — trans- 
fer tickets.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 

hereof,  and  the  undertaking  of  the  North  Chicago  Street  Rail- 
road Company  to  comply  with  the  provisions  herein  con- 
tained, permission  and  authority  is  hereby  given  to  said  com- 
pany, its  assigns  and  lessees,  to  construct,  maintain  and  op- 
erate a double  track  railroad,  with  all  necessary  side  tracks,  turnouts, 
curves  and  switches,  on  Division  street,  between  Clybourn  avenue 
and  Milwaukee  avenue,  except  on  Division  street  bridges  and  the  ap- 
proaches thereto,  said  company  being  hereby  permitted  to  lay,  at 
their  option,  a single  track  on  said  bridges  and  their  said  approaches, 
and  to  connect  said  double  track  with  any  street  railroad  tracks  in 
Division  street,  or  in  said  avenues,  upon  the  terms  and  conditions 
and  subject  to  the  restrictions  mentioned  in  this  ordinance,  for  the 
period  of  twenty  years,  and  no  longer;  and  the  rate  of  fare  shall  not 
exceed  five  (5)  cents  for  each  passenger  for  any  continuous  travel  of 
one  ride  upon  said  line  and  over  said  tracks  and  all  other  lines  and 
tracks  of  said  company  connected  therewith,  including  the  so-called 
Sedgwick  street  line  of  said  company. 

Provided,  that  said  railroad  company  shall  issue  to  any  person  de- 
siring it,  and  who  has  paid  one  fare,  a transfer  ticket  for  immediate 
passage  on  any  other  track  or  line  of  said  railroad  company,  with 
which  said  track  or  line  hereby  authorized  shall  intersect,  and  shall 
also  issue  similar  transfer  tickets  to  passengers  who  have  paid  fare  on 
any  such  other  intersecting  line,  which  tickets  shall  be  good  for  imme- 
diate passage  on  the  line  hereby  authorized,  so  that  in  any  event  a 
passenger  may  ride  back  or  forth  on  the  said  above  authorized  line, 


1482  STREET  RAILWAYS.  [§*642 

and  any  line  of  said  railroad  company  with  which  it  intersects,  for  one 
fare. 

T 2.  Tracks  required.]  § 2.  The  tracks  herein  authorized, 
of  said  railway,  shall  not  be  elevated  above  the  surface  of  the  street, 
and  shall  be  laid  with  modern  improved  rails,  and  in  such  manner 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  the  same* 
at  all  points  and  in  all  directions  without  obstruction.  Section  1509 
(§  1704-1897)  of  the  Municipal  Code  of  1881  shall  not  apply  to  the 
railway  tracks  herein  authorized;  but  the  rails  to  be  used  shall  be 
satisfactory  to  the  mayor  and  commissioner  of  public  works,  and 
shall  be  laid  under  said  commissioner’s  direction. 

T 3.  How  laid.]  § 3.  Each  of  said  tracks  shall  be  laid  as 
near  the  center  of  the  street  as  practicable,  and  shall  not  be  laid  with- 
in twelve  feet  of  the  sidewalk  in  any  place  except  in  turning  street 
corners,  or  making  curves,  and  then  no  nearer  than  may  be  required 
to  make  the  necessary  curve. 

1 4.  Animal  power  only — passenger  traffic.]  .§  4.  The  cars 
or  carriages  to’  be  used  upon  said  track,  or  tracks,  hereby  authorized 
to  be  constructed  upon  said  street,  shall  be  operated  by  animal  power 
only,  and  shall  be  constructed  with  all  the  latest  improvements  for 
the  comfort  and  convenience  of  passengers,  and  shall  be'  used  for  no 
other  purpose  than  the  transportation  of  passengers  and  their  ordi- 
nary luggage;  and  no  cars  shall  be  run  upon  said  tracks,  except  un- 
der the  charge  of  a competent  driver  and  conductor,  who  shall  be  two 
separate  persons. 

IT  5.  Street  improvements,  repairs,  etc.]  § 5.  As  respects 
the  grading,  paving,  macadamizing,  filling  or  planking  of  said  Di- 
vision street,  so  far  as  the  same  is  embraced  in  this  ordinance,  as  to 
the  parts  of  said  Division  street,  in  and  upon  which  said  company  may 
lay  its  said  railway,  said  company  shall  keep  sixteen  feet  in  width  of 
said  street  where  said  double  track  shall  be  laid,  and  eight  feet  in 
width  on  said  bridges  and  said  approaches  where  a single  track  is 
used,  in  good  repair  and  condition  during  all  the  time  to  which  the 
privileges  hereby  granted  to  said  company  shall  extend,  in  accordance 
with  whatever  order,  ordinance  or  regulation  respecting  such  filling, 
grading,  paving  or  repairing  may  be  passed  or  adopted  by  the  city 
council;  and  when  any  repairing,  paving,  planking,  filling  or  other 
improvement  of  like  character  shall  be  ordered  by  the  city  council 
thereon,  said  company  shall,  in  the  manner  required  by  the  city  au- 
thorities of  the  owners  of  property  fronting  on  said  streets,  make  such 
new  improvements  for  the  width  of  sixteen  feet  where  said  double 
track  is  laid  on  said  street  and  said  bridges;  Provided,  however, 
where  a single  track  crosses  said  bridges,  or  either  one  thereof,  and 
the  approaches  thereto,  said  company  shall  in  the  same  manner  make 
such  new  improvements  for  the  width  of  eight  feet  only,  over  such 
bridge  or  bridges  and  the  approaches  thereto;  and  if  said  company 


642] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1483 


fails  so  to  do  for  twenty  days  after  notice,  the  same  may  be  done  by 
the  city,  and  the  cost  thereof  collected  of  said  company. 

*[  6.  Speed  and  time  of  running  may  be  regulated.]  § 6. 
The  city  council  shall  have  the  power  at  all  times  to  make  such  regu- 
lations as  to  the  time  of  running,  and  rate  of  speed  of  said  cars  on  said 
line,  as  the  public  safety,  convenience  and  interests  may  require. 

% 7.  Time  limited— forfeiture,  etc.]  § 7.  The  tracks  herein 
authorized  shall  be  laid  and  completed  and  said  line  in  operation  before 
the  first  day  of  July,  A.  D.  1887,  and  if  said  company  shall  fail  to  com- 
plete said  tracks  within  the  time  prescribed  herein,  the  rights  and  priv- 
ileges hereby  granted  shall  cease  and  determine;  Provided,  however, 
that  if  the  said  company  shall  be  restrained  from  proceeding  with  tne 
work  upon  said  tracks,  by  the  order  or  writ  of  any  court  of  competent 
jurisdiction,  the  time  during  which  said  company  is  delayed  thereby 
shall  be  excluded  from  the  time  prescribed  herein  for  the  completion 
of  said  tracks.  Provided,  further,  that  if  such  order  or  writ  of  court 
shall  be  collusively  obtained  by  the  parties  to  the  cause  in  which 
such  order  may  be  rendered  or  such  writ  issued,  or  by  any  of  the 
officers  or  agents  of  such  parties,  then  the  time  of  such  delay  shall 
not  be  excluded,  and  it  shall  be  the  duty  of  said  railway  company  to 
prove  the  absence  of  such  collusion. 

1”  8.  Removal  of  tracks,  etc.]  § 8.  When  the  right  of  said 
company  to  operate  its  said  railway  upon  said  Division  street,  between 
Clybourne  avenue  and  Milwaukee  avenue,  shall  cease,  said  company 
shall  remove  its  tracks  from  said  street,  and  place  the  portions  of  such 
street  from  which  such  tracks  are  removed  in  as  good  condition  as 
the  adjacent  parts  of  said  streets. 

1 9.  Indemnity  to  city.]  § 9.  That  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and 
expenses  of  the  same  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city  for  or  by  reason  of  or  growing  out  of,  or 
resulting  from  the  passage  of  this  ordinance,  or  any  matter  or  thing 
connected  herewith,  or  with  the  exercise  by  said  company  of  the 
privileges  hereby  granted,  or  from  any  act  or  acts  by  said  company,  its 
servants  or  agents,  under  or  by  virtue  of  the  provisions  of  this  ordi- 
nance; which  said  ordinance  is  granted  upon  the  express  condition 
that  the  said  company  will  pay  all  damages  to  owners  of  property 
abutting  about  such  portion  or  parts  of  Division  street,  or  other  pub- 
lic ground  upon  or  over  which  its  said  tracks  are  to  be  laid  and  its 
said  road  constructed,  which  said  owners  may  sustain  by  reason  of 
the  location  or  construction  of  said  company’s  road. 

IT  10-  Bond.]  § 10.  The  said  company  shall  enter  into  a good 
and  sufficient  bond  with  the  city  of  Chicago  in  the  penal  sum  of  five 
thousand  dollars,  for  the  faithful  performance  of  all  terms  and  condi- 
tions contained  in  this  ordinance,  and  that  said  tracks  shall  be  laid 


1484 


STREET  RAILWAYS. 


[§  643 


and  said  line  constructed  and  completed  at  the  time  and  manner  herein 
stated,  unless  delayed  by  order  of  court,  as  provided  by  section  7 of 
this  ordinance. 

IT  11.  License  fee.]  § 11.  The  provision  of  section  one  (1)  of 
an  ordinance  entitled  “An  ordinance  concerning  the  street  railways  of 
the  city  of  Chicago,”  passed1  July  30,  1883,  and  the  license  fee  of  fifty 
dollars  ($50)  per  car  as  therein  imposed,  shall  extend  to  the  cars  to  be 
run  on  the  railroad  hereby  authorized;  Provided,  that  but  one  license 
fee  shall  be  charged  for  the  cars  over  the  line  of  said  company  in  con- 
nection with  the  lines  of  the  North  Chicago  City  Railway  Company. 

1 12.  Bridges.]  § 12.  If  the  city  of  Chicago  shall  hereafter, 
during  the  term  of  the  license  hereby  granted,  provide  by  ordinance 
for  the  construction  of  new  bridges  at  Division  street  in  said  city,  over 
the  North  Branch  canal  and  the  North  Branch  Chicago*  river,  or 
either  of  them,  to  be  used  and  take  the  place  of  the  existing  bridges 
over  said  river,  the  said  company,  in  consideration  of  the  license  here- 
by granted,  agrees  to  pay  to  the  city  of  Chicago,  as  required  by  said 
city  during  the  progress  of  their  construction,  one-half  of  the  first 
cost  of  each  and  every  one  of  said  bridges,  including  piers  and  abut- 
ments, and  one-half  the  expense,  payable  annually,  of  operating  and 
maintaining  each  and  every  one  of  said  new  bridges  and  making  any 
renewals,  improvements,  enlargements  and  replacements  thereof;  such 
annual  payments  to  commence  whenever  the  new  structures  are  ready 
for  use,  and  to*  be  continued  every  year  thereafter  until  the  termina- 
tion of  the  license  hereby  granted. 

Tf  13.  When  to  take  effect.]  § 13.  This  ordinance  shall  take 
effect  and  be  in  force  as  soon  as  the  same  shall  have  been  duly  ac- 
cepted by  said  company,  and  said  company  shall  have  executed  and 
filed  with  the  city  clerk  the  bond  provided  for  herein  in  manner  and 
form  as  hereinbefore  required;  Provided,  however,  that  unless  this 
ordinance  shall  be  duly  accepted  and  said  bond  executed  and  filed 
within  ninety  days  of  the  passage  hereof,  this  ordinance  shall  be  null 
and  void. 

§ 643.  North  Chicago  Street  Railroad  company. 

1.  Dearborn  avenue  bridge  and  street  to  Polk  street. 

^ 2.  Conditions. 

^ 3.  Bond. 

Tf  4,  When  effectual. 

An  ordinance  granting  use  of  the  Dearborn  street  bridge  to  the  North  Chicago 

Street  Railroad  company  and  right  to  operate  on  Dearborn  street  and  avenue, 

etc.  (Passed  March  14,  1887.  Accepted  April  4,  1887.) 

% 1.  Dearborn  avenue  bridge  and  street  to  Polk  street.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  §1.  In  con- 
sideration of  the  acceptance  hereof,  and  the  undertaking  of  the  North 
Chicago  Street  Railroad  Company  to  comply  with  the  conditions  here- 
in contained,  permission  and  authority  are  hereby  granted  to  said 


644] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1485 


company,  its  successors  and  assigns,  to  construct,  maintain  and  oper- 
ate upon  and  across  the  bridge  hereinafter  mentioned,  to  be  placed 
over  the  Chicago  river  at  Dearborn  street,  the  double  street  railroad 
which  said  company  may  be  authorized  by  ordinance  to  construct  and 
maintain  on  Dearborn  street  and  Dearborn  avenue,  from  Michigan 
street  to  Polk  street. 

% 2.  Conditions.]  § 2.  The  privileges  hereby  granted  are  sub- 
ject to  the  conditions  which  may  be  contained  in  any  ordinance  grant- 
ing the  right  to  said  company  tO'  construct  and  maintain  tracks  on 
Dearborn  street  and  Dearborn  avenue,  between  Michigan  street  and 
Polk  street,  and  are  granted  upon  the  further  express  condition  as 
follows : 

Said  company  shall  accept  the  alternative  condition  specified  in 
section  five  of  an  ordinance  entitled  “An  ordinance  to  authorize  the 
North  Chicago  Street  Railroad  Company  to  construct  a street  rail- 
road on  Illinois  and  La  Salle  streets/’  passed  by  the  city  council  of 
Chicago,  July  19th,  1886,  as  to  the  payment  by  said  company  of  the 
entire  expense  of  erecting  a new  four-track  iron  bridge,  to  be  operated 
by  steam  power,  over  the  Chicago  river  at  Wells  street,  that  said  com- 
pany shall  pay  into  the  city  treasury,  or  arrange  for  the  payment  as 
specified  by  said  ordinance,  of  the  amount  of  money  sufficient  to 
defray  the  entire  expense  of  said  bridge  at  Wells  street.  Thereupon, 
the  city  of  Chicago  may,  at  its  convenience,  take  and  use  the  present 
bridge  across  the  Chicago  river  at  Wells  street,  as  and  for  a bridge 
across  said  river  at  Dearborn  street;  and  the  entire  expense  of  remov- 
ing such  Wells  street  bridge  to  Dearborn  street,  and  placing  the  same 
in  proper  position,  shall  be  paid  by  said  company. 

If  3.  Bond.]  § 3.  The  said  company  shall  enter  into  a good 
and  sufficient  bond  with  the  city  of  Chicago,  with  sureties  satisfactory 
to  the  mayor,  in  the  penal  sum  of  five  thousand  ($5,000)  dollars,  for 
the  faithful  performance  of  all  the  terms  and  conditions  contained  in 
this  ordinance 

T 4.  When  effectual.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  when  accepted  by  said  company  and  when  said  bond 
shall  have  been  filed  with  the  city  clerk;  Provided,  however,  that  un- 
less this  ordinance  shall  be  accepted  and  said  bond  filed  within  ninety 
(90)  days  of  the  passage  hereof  this  ordinance  shall  be  null  and  void. 

§ 644.  North  Chicago  Street  Railroad  company. 

If  1.  Grant  — routes  — term — maintenance  of  bridge  at  Division 
street. 

H 2.  Motive  power. 

If  3.  Tracks,  how  constructed,  etc. 

If  4.  Cars,  grip  and  trailers — fare,  etc. 

If  5.  Limitation — forfeiture,  etc. 
if  6.  Removal  of  tracks, 
if  7.  Lines  to  be  operated, 
if  8.  Canal  bridge  at  Division  street. 


1486 


STREET  RAILWAYS. 


[§  644 


T[  9.  Street  improvements,  repairs,  bridges,  etc. 

T[  10.  Regulation  of  speed. 

T[  11.  License  fee  $50  per  car. 

12.  Indemnity. 

T|  13.  Bond. 

1 14.  When  effectual. 

An  ordinance  granting  permission  to  the  North  Chicago  Street  Railroad  com- 
pany to  operate  in  and  upon  Monroe  and  Randolph  streets  and  Dearborn 

street  and  avenue.  (Passed  March  14,  1887.  Accepted  April  4,  1887.) 

II  1.  Grant — routes — term — maintenance  of  bridge  at  Divis- 
ion street.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  In  consideration  of  the  acceptance  hereof  and  the  un- 

dertaking by  the  North  Chicago  Street  Railroad  Company  to  comply 
with  the  provisions  and  conditions  herein  contained,  permission  and 
authority  are  hereby  given  the  said  company,  its  successors  and  as- 
signs, to  construct,  maintain  and  operate,  for  the  period  of  twenty 
years  from  and  after  the  passage  of  this  ordinance,  a street  railroad  in, 
along  and  upon  the  following-named  streets  in  the  city  of  Chicago: 

Monroe  street,  from  La  Salle  street  to  Dearborn  street,  with  a 
single  track. 

Randolph  street,  from  La  Salle  street  to  Dearborn  street,  with  a 
single  track. 

Dearborn  street  and  Dearborn  avenue,  from  Polk  street  to  Michi- 
gan street,  with  a double  track. 

Provided,  that  said  company  shall  not  have  the  right  under  this 
ordinance  to  construct  its  track  across  any  bridge  at  Dearborn  street 
over  the  Chicago  river,  until  it  shall  have  secured  further  and  express 
permission  therefor  from  the  city  council  of  the  city  of  Chicago. 

Fourth  avenue,  from  a point  one  hundred  (100)  feet  north  of  Polk 
street  to  a point  three  hundred  and  fifty  (350)  feet  north  of  Polk  street 
with  a single  track. 

Market  street,  with  a single  track,  from  Illinois  street  to  Michigan 
street,  and  continuing  with  a double  track  from  Michigan  street  to 
Kinzie  street. 

Kinzie  street,  from  Market  street  to  State  street,  with  a double 
track. 

Division  street,  from  Clybourn  avenue  to  Milwaukee  avenue,  with 
a double  track,  except  upon  the  bridges  and  approaches  thereto, 
across  the  north  branch  of  the  Chicago  river  and  the  North  Branch 
canal,  where  only  a single  track  may  be  used;  and 

North  avenue,  from  Clark  street  to  Milwaukee  avenue,  with  a 
double  track,  except  upon  the  bridge  and  approaches  thereto,  across 
the  north  branch  of  the  Chicago  river,  where  only  a single  track  may 
be  used;  and  said  company  may  make  all  necessary  and1  convenient 
side-tracks,  turn-outs,  turn-tables,  curves,  switches  and  connections 
with  any  street  railway  tracks  which  may  be  intersected  by  the  tracks 
hereby  authorized;  Provided,  that  if  the  city  of  Chicago  shall  here- 


§ 644]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1487 

after,  during  the  term  of  the  license  hereby  granted,  provide  by  ordi- 
nance for  the  construction  of  new  bridges  over  the  north  branch  of 
the  Chicago  river  at  Division  street  and  at  North  avenue,  to  be  used 
and  to  take  the  place  of  the  present  and  existing  bridges  over  said 
river  at  said  points,  the  said  company,  in  consideration  of  the  license 
hereby  granted,  agrees  to  pay  to  the  city  of  Chicago  one-half  of  the 
first  cost  of  each  of  said  bridges,  including  piers  and  abutments;  pro- 
vided, that  said  company  shall  not  be  required  to  make  said  payment 
until  after  the  expiration  of  ten  years  from  the  date  of  the  acceptance 
of  this  ordinance  by  said  company. 

Said  company  further  agrees,  in  consideration  of  the  license  herein 
granted,  to  pay  to  the  city  of  Chicago  the  sum  of  two  hundred  and 
fifty ($250) dollars  per  annum  toward  the  cost  of  maintaining  the  bridge 
over  the  north  branch  of  the  Chicago  river  at  Division  street,  and  tiie 
sum  of  two  hundred  and  fifty  ($250)  dollars  per  annum  towards  the 
cost  of  maintaining  the  bridge  across  said  river  at  North  avenue;  said 
payments  to  date  from  the  date  of  the  laying  of  tracks  across  said 
bridges  by  said  company. 

T 2.  Motive  power.]  § 2.  Animal  power  may  be  used  upon 
the  tracks  hereby  authorized  to  be  laid,  or  the  same  may  be  operated 
by  stationary  engines  not  located  upon  any  street  or  public  place  of 
the  city,  and  subject  to  the  restrictions  and  upon  the  terms  and  condi- 
tions mentioned  in  this  ordinance,  for  the  purpose  of  operating  said 
cars  by  said  stationary  engines,  said  company  shall  make  all  needful 
and  convenient  trenches,  excavations  and  sewer  connections,  and  place 
all  needful ‘and  convenient  endless  cables  and  machinery  in  said 
streets,  so  that  such  cables  and  machinery  shall  be  underground  and 
shall  not  interfere  with  public  travel;  Provided,  that  if  in  constructing 
said  trenches  and  excavations,  or  using  the  same,  any  damage  or  in- 
jury shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains, 
then  the  said  company  shall  pay  and  be  liable  therefor;  and  if  at  any 
time,  by  reason  of  the  permission  hereby  granted,  and  the  making  of 
said  trenches  or  running  said  cables,  any  injury  or  damage  shall  result 
to  any  person  or  property,  then  said  company  shall  be  held  liable 
therefor;  and  said  company  shall  pay  all  damages  to 
the  owners  of  property  abutting  upon  roads,  streets,  highways  or  pub- 
lic grounds  upon  or  over  which  its  said  road  may  be  constructed,  which 
said  owners  may  sustain  by  reason  of  the  location  or  construction  of 
said  railroads  or  either  of  them.  All  needful  and  convenient  connec- 
tions with  the  motive  power  of  engines  shall  be  subject  to  the  same 
conditions  and  restrictions.  The  tracks  hereby  authorized  on  Divis- 
ion street  shall  be  operated  by  animal  power  only. 

1 3.  Tracks,  how  constructed,  etc.]  § 3.  The  tracks  of 
said  railways  shall  not  be  elevated  in  any  of  said  streets,  above  the 
level  of  the  roadway  thereof,  and  they  shall  be  laid  with  modern  im- 
proved rails,  in  such  manner  that  carriages  and  other  vehicles  can 


1488 


STREET  RAILWAYS. 


[§  644 


easily  and  freely  cross  the  same  at  all  points  and  in  all  directions,  with- 
out obstruction;  Provided,  section  1509  (§1704-1897)  of  the  Municipal 
Code  of  the  city  of  Chicago  shall  not  apply  to  the  rails  to  be  laid  upon 
the  tracks  herein  authorized,  but  such  rails  shall  be  of  a kind  satis- 
factory to  the  mayor  and  commissioner  of  public  works.  The  aper- 
ture opening  into  the  trenches  hereby  authorized,  shall  not  exceed 
five-eighths  of  an  inch  in  width.  Each  of  the  tracks  hereby  author- 
ized shall  be  laid  as  near  the  center  of  the  street  as  practicable,  and 
shall  not  be  laid  within  twelve  (12)  feet  of  the  sidewalk,  except  in  turn- 
ing street  corners  and  constructing  curves,  and  then  no  nearer  than 
may  be  required  to  make  the  necessary  curves;  Provided,  that  the 
track  hereby  authorized  to  be  laid  on  Randolph  street,  from.  La  Salle 
street  to  Dearborn  street,  shall  be  so  laid  that  the  south  rail  of  said 
track  shall  not  be  more  than  five  (5  )inches  south  of,  and  as  near  as 
practicable  to  the  south  rail  of  the  north  track  now  laid  on  said  street, 
between  said  points. 

1 4.  Cars,  grip  and  trailers— fare,  etc.]  § 4.  The  said  com- 
pany shall  operate  upon  the  tracks  hereby  authorized,  where  cable 
cars  are  run,  not  exceeding  two  cars  and  one  grappling  car  attached 
together,  with  a driver  in  charge  of  the  grip  car,  and  one  conductor  in 
charge  of  each  additional  car.  The  cars  to  be  used  upon  said  rail- 
ways shall  be  constructed  with  all  the  latest  improvements,  for  the 
comfort  and  convenience  of  the  passengers,  and  shall  be  used  for  no 
other  purpose  than  for  the  transportation  of  passengers.  The  rate  of 
fare  shall  not  exceed  five  (5)  cents  for  each  passenger,  for  any  continu- 
ous travel  at  one  ride  over  the  tracks  of  said  company,  and  the  tracks 
of  the  North  Chicago  City  Railway  Company. 

If  5.  Limitation— forfeiture,  etc.]  § 5.  The  several  tracks 
herein  authorized  shall  be  completed  before  the  first  day  of  July,  A.  D. 
1888,  except  that  the  tracks  on  Dearborn  street  and  Dearborn  avenue, 
between  Michigan  street  and  Lake  street,  shall  be  completed  within 
six  months  after  there  shall  be  opened  to  public  travel,  a bridge  across 
the  Chicago  river  at  Dearborn  street. 

Provided,  said  company  shall  have  obtained  permission,  as  herein- 
before mentioned  to  use  said  bridge;  Provided,  that  said  company 
shall  also  permit  its  tracks  on  said  Dearborn  street  to  be  used  by  the 
Chicago  City  Railway  Company.  If  the  said  company  shall  fail  to 
complete  the  several  tracks  within  the  time  mentioned  herein,  the 
rights  and  privileges  hereby  granted  thereto  shall  cease  and  determine 
as  to  so  much  and  such  parts  of  said  tracks  as  are  not  completed  with- 
in the  time  fixed;  Provided,  that  if  said  company  shall  be  delayed  by 
the  writ  of  injunction,  of  any  court,  from  proceeding  with  the  work 
upon  any  track,  the  time  of  such  delay  shall  be  excluded  from  the  time 
provided  herein  for  the  completion  of  said  track;  provided,  however, 
that  the  city  law  department  may  intervene  in  any  such  suit,  and  move 
for  the  dissolution  of  such  injunction,  in  case  the  suit  may  be  deemed 


§ 644]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1489 

by  such  law  department  to  be  collusive  or  for  the  purpose  of  delay  or 
extension  of  time. 

IF  6.  Removal  of  tracks.]  § 6.  When  the  right  of  said  com- 
pany to  operate  its  railway  upon  said  streets  shall  cease,  said  company 
shall  remove  its  tracks  from  the  same  and  place  the  same  in  as  good 
condition  as  when  said  tracks  were  laid. 

IF  7.  Lines  to  be  operated.]  § 7.  In  consideration  of  the 
rights  and  privileges  hereby  granted  said  company  to  construct  its 
railway  on  Dearborn  street  and  Dearborn  avenue,  between  Polk  street 
and  Michigan  street,  the  said  company  shall  construct  such  railway  so 
as  to  connect  and  operate  the  same  with  the  cable  road'  of  said  com- 
pany heretofore  authorized  to  be  constructed  on  La  Salle  street  and 
shall  run  its  cars  east  by  cable  tracks  from'  La  Salle  street  to  Dearborn 
street  on  Monroe  street,  and  west  from  Dearborn  street  to  LaSalle 
street  on  Randolph  street,  by  a cable  road,  as  aforesaid.  Said  com- 
pany shall  also  construct  and  operate  the  road  on  Dearborn  street  and 
Dearborn  avenue,  north  of  Polk  street,  in  connection  with  the  rail- 
way of  said  company  and  of  the  North  Chicago  City  Railway  Com- 
pany in  the  north  division  of  the  city,  the  same  to  be  operated  across 
a bridge  at  Dearborn  street,  when  built,  by  animal  or  cable  power; 
provided,  this  ordinance  shall  not  be  construed  as  authorizing  the  use 
of  said  bridge. 

If  8.  Canal  bridge  at  Division  street.]  § 8.  The  entire  road- 
way of  the  bridge  across  the  north  branch  canal  at  Division  street  shall 
be  planked  and  kept  in  repair  by  said  company  during  the  period  the 
same  is  used  by  said  company  under  this  ordinance. 

f 9.  Street  improvements,  repairs,  bridges,  etc.]  § 9.  The 

said  company,  as  to  the  parts  of  streets  in  and  upon  which  its  said 
railway  may  be  laid,  shall  keep  eight  (8)  feet  in  width  where  a single 
track  may  be  laid,  and  sixteen  (16)  feet  in  width  where  a double  track 
shall  be  laid,  in  good  condition  and  repair  during  all  the  time  to  which 
the  privileges  hereby  granted  shall  extend,  in  accordance  with  what- 
ever order,  ordinance  or  regulation  may  be  passed  or  adopted  by  the 
city  council  in  relation  to  such  repairing,  and  when  any  new  improve- 
ment shall  be  ordered  by  the  city  council  of  the  said  Streets,  or  any 
of  them,  the  said  company  shall  in  the  manner  which  may  be  required 
of  the  owners  of  property  fronting  on  said  parts  of  streets,  or  any  of 
them,  make  such  new  improvement  for  the  width  of  eight  (8)  feet 
where  a single  shall  be  laid,  and  for  the  width  of  sixteen  (16)  feet  where 
a double  track  shall  be  laid,  and  . if  the  said  company  shall  fail  so  to  do, 
the  same  may  be  done  by  the  city,  and  the  company  shall  be  liable  to 
the  city  for  the  cost  thereof;  Provided,  further,  that  the  said  North 
Chicago  Street  Railroad  Company  shall  accept  the  provisions  of  an 
ordinance  relating  to  laying  its  tracks  on  a bridge  across  the  Chicago 
river  at  Dearborn  street,  in  which  it  is  provided  that  the  said  company 

94 


1490 


STREET  RAILWAYS. 


[§  644 


shall  accept  the  alternative  condition  specified  in  section  five  of  an 
ordinance  entitled  “An  ordinance  to  authorize  the  North  Chicago 
Street  Railroad  Company  to  construct  a street  railroad  on  Illinois 
and  La  Salle  streets,”  passed  by  the  city  council  July  19th,  1896,  as  to 
the  payment  by  said  company  of  the  entire  expense  of  erecting  a new 
four-track  iron  bridge,  to  be  operated  by  steam  power,  over  the  Chi- 
cago river  at  Wells  street;  that  said  company  shall  pay  into  the  city 
treasury,  or  arrange  for  the  payment  as  specified  by  said  ordinance  of 
the  amount  of  money  sufficient  to  defray  the  entire  expense  of  said 
bridge  at  Wells  street.  Thereupon  the  city  may  at  its  convenience 
take  and  use  the  present  bridge  across  the  Chicago  river  at  Wells 
street,  as  and  for  a bridge  across  said  river  at  Dearborn  street,  and 
the  entire  expense  of  removing  such  Wells  street  bridge  to  Dearborn 
street,  and1  placing  the  same  in  proper  position,  shall  be  paid  by  said 
company,  and  said  company  shall  pay  the  property  owners  the  value 
of  the  sixteen  feet  of  stone  pavement  in  Dearborn  street. 

1 10.  Regulation  of  speed.]  § 10.  The  city  council  shall 
have  the  power  at  all  times  to  make  such  regulations  as  to  the  rate  of 
speed  on  said  streets,  as  the  public  safety  and  convenience  may  require. 

T 11.  License  fee  fifty  dollars  per  car.]  § 11.  The  provis- 
ions of  section  one  of  an  ordinance  entitled  “An  ordinance  concern- 
ing the  street  railways  in  the  city  of  Chicago,”  passed  July  30th,  1883, 
and  the  license  fee  of  fifty  ($50)  dollars  per  car  as  therein  imposed  shall 
extend  to  the  cars  to  be  run  on  the  railways  hereby  authorized;  Pro- 
vided, that  but  one  license  fee  shall  be  charged  for  cars  running  over 
the  lines  of  said  company  in  connection  with  the  lines  of  the  North 
Chicago  City  Railway  Company. 

1 12.  Indemnity.]  § 12.  Said  company  shall  forever  indemr 
nify  and  save  harmless  the  city  of  Chicago  against  and  from  any  and 
all  legal  damages,  judgments,  decrees  and  costs  and  expenses  of  the 
same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from,  the  passage  of  this  ordinance  or  any  matter  or  thing  connected 
herewith,  or  with  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  by  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

If  13.  Bond  .]  § 13.  The  said  company  shall  enter  into  a good 

and  sufficient  bond  with  the  city  of  Chicago  in  the  penal  sum  of  fifty 
thousand  ($50,000)  dollars  for  the  faithful  performance  of  all  the  terms 
and  conditions  contained  in  this  ordinance,  and  conditioned  to  indem- 
nify and  save  harmless  the  city  of  Chicago  of  and  from  all  damages 
which  may  be  occasioned,  or  which  in  any  way  may  accrue,  or  arise, 
or  grow  out  of  the  exercise  by  said  company  of  the  privileges  hereby 
granted 

T 14.  When  effectual.]  § 14.  This  ordinance  shall  take  effect 


§ 645] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1491 


and  be  in  force  as  soon  as  the  same  shall  be  duly  accepted  by  said 
company  and  the  said  company  shall  have  executed  and  filed  with  the 
city  clerk  the  bond  provided  for  herein,  in  manner  and  form  as  here- 
inbefore required;  provided,  however,  that  unless  this  ordinance  shall 
be  duly  accepted  and  the  said  bond  executed  and  filed  within  ninety 
(90)  days  of  the  passage  hereof  this  ordinance  shall  be  null  and  void. 

Note. — See  section  14  of  ordinance  passed  March  21st,  1892,  grant- 
ing rights  to  the  West  Chicago  Street  Railroad  Company. 

§ 645.  North  Chicago  Street  Railroad  company. 

T[  1.  Construction' adopted. 

Tf  2.  When  effectual. 

An  ordinance  construing  ordinances  of  March  14,  1S87,  in  favor  of  the  North 

Chicago  Street  Railroad  company  concerning  the  Dearborn  street  bridge. 

(Passed  March  21,  1887.) 

Resolutions  construing  ordinances  of  March  14,  1887: 

Whereas,  the  North  Chicago  Street  Railroad  Company,  at  a reg- 
ular meeting  of  its  board  of  directors  held  on  the  19th  day  of  March, 
A.  D.  1887,  adopted  the  following  resolutions: 

“Whereas,  the  city  council  of  the  city  of  Chicago,  at  its  regular 
meeting  held  Monday,  March  14th,  1887,  passed  two  ordinances— 
one  ordinance  granting  permission  to  the  North  Chicago  Street  Rail- 
road Company  to  construct,  maintain,  and  operate  a street  railroad 
upon  certain  designated  streets  of  the  city  of  Chicago,  and  the  other 
ordinance  granting  permission  to  said  company  to  construct,  main- 
tain and  operate  its  road  upon  and  across  a bridge  to  be  placed  over 
the  Chicago  river  at  Dearborn  street;  and, 

“Whereas,  by  the  terms  of  the  ordinance  last  mentioned  it  is  pro- 
vided, among  other  things,  that  said  company  shall  pay  ‘the  entire  ex- 
pense of  removing  such  Wells  street  bridge  to  Dearborn  street  and 
placing  the  same  in  proper  position/  and  it  is  also  provided  in  the  or- 
dinance first  above  mentioned  that  said  company  shall  accept  the  pro- 
vision of  the  ordinance  last  mentioned  which  requires  the  payment 
by  said  company  of  ‘the  entire  expense  of  removing  such  Wells  street 
bridge  to  Dearborn  street  and  placing  the  same  in  proper  position/ 
and, 

“Whereas,  also,  both  of  said  ordinances  are  before  the  mayor  of 
the  city  for  his  examination,  and  the  mayor  is  in  doubt  as  to  how  much 
is  included  in  the  provision  of  each  of  said  ordinances  above  referred 
to  which  requires  said  company  to  pay  ‘the  entire  expense  of  remov- 
ing such  Wells  street  bridge  to  Dearborn  street  and  placing  the  same 
in  proper  position’: 

“Now,  therefore,  in  consideration  of  the  mayor  of  the  city  with- 
holding his  veto  of  said  ordinances,  and  each  of  them,  the  said  North 
Chicago  Street  Railroad  Company  hereby  construes  the  provision  of 
said  ordinances  above  quoted  to  include  the  following:  The  payment 
by  said  company  of  the  entire  expense  of  removing  such  Wells  street 


1492 


STREET  RAILWAYS. 


[§  646 


bridge  to  Dearborn  street,  and  also  the  expense  of  a center  pier,  bridge 
protection  and  two  abutments  for  said  bridge,  to  be  constructed  by 
the  city  at  Dearborn  street;  Provided,  that  said  center  pier,  bridge 
protection  and  abutments  for  said  bridge  shall  not  be  made  by  the 
city  to  cost  the  company  more  than  the  center  pier,  bridge  protection 
and  abutments  which  were  constructed  by  said  city  for  the  same  bridge 
at  Wells  street;  and  said  provision  of  said  ordinances  shall  also'  be 
construed  to  require  of  said  company  the  payment  of  the  cost  of  plac- 
ing said  Wells  street  bridge  in  proper  position  upon  such  center  pier 
and  abutments  at  Dearborn  street; 

“The  said  North  Chicago  Street  Railroad  Company,  for  the  con- 
siderations aforesaid,  and  for  other  good  and  valuable  considerations, 
hereby  binds  itself,  its  successors  and  assigns,  to  the  construction 
aforesaid  of  said  ordinances,  and  each  of  them,  and  hereby  obligates 
itself,  its  successors  and  assigns,  upon  the  approval  of  such  ordinances, 
to  the  due  fulfillment  of  the  same  in  accordance  with  the  above  con- 
struction of  their  provisions;”  and, 

Whereas,  in  consideration  thereof,  the  mayor  has  approved  the 
ordinances  referred'  to  in  said  resolutions : 

1.  Construction  adopted.]  Now,  therefore,  be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  said  construction 
placed  by  said  North  Chicago  Street  Railroad  Company  upon  the 
ordinances  referred  to  in  said  resolutions  be  and  the  same  is  hereby 
ratified,  confirmed  and  adopted  by  the  city  of  Chicago. 

*|[  2.  When  effectual.]  § 2.  This  ordinance  shall  take  effect 
from  and  after  its  passage. 

Note. — The  original  resolutions  herein  above  alluded  to,  executed 
by  the  railroad  company,  are  on  file  in  the  office  of  the  commissioner 
of  public  works. 

§ 646.  North  Chicago  Street  Railroad  company. 

1.  Grant — route. 

2.  Tracks,  how  to  be  laid. 

*[  3.  Limitation. 

4.  Driver  only — patent  fare  collector,  etc. 

^ 5.  Street  improvements  and  repairs. 

T[  6.  Speed  may  be  regulated. 

^ 7.  Indemnity. 

^ 8.  Sewers,  water  mains  and  pipes. 

9.  Condition — forfeiture  for  failure  to  comply  with. 

10.  When  to  take  effect — fare. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  lay 
down,  maintain  and1  operate  a horse  railway  in  Belmont  avenue,  between 
Lincoln  avenue  and  Robey  street;  also  in  Robey  street  between  Belmont 
avenue  and  Roscoe  boulevard ; also  in  Roscoe  boulevard  between  Robey 
street  and  Western  avenue  in  the  city  of  Lake  View.  (Passed  and  approved 
April  18,  1887.  Accepted  April  23,  1887.) 

Tf  1.  Grant — route.]  §1.  Be  it  ordained  by  the  board  of 

trustees,  acting  as  city  council  of  the  city  of  Lake  View:  § 1.  That 


§ 646]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1493 

in  consideration  of  the  acceptance  hereof,  and  the  undertaking  of  the 
North  Chicago  Street  Railroad  Company  to  comply  with  the  provis- 
ions herein  contained,  permission  and  authority  is  hereby  given  to  the 
said  company  to  construct,  maintain  and  operate  a single  or  double 
track  railway  upon  and  over  Belmont  avenue,  from  a point  of  connec- 
tion with  the  tracks  of  said  company  in  Lincoln  avenue  to  Robey 
street,  and  thence  northward  to  Roscoe  boulevard,  and  thence  west- 
ward to  Western  avenue;  and  to  operate  the  same  by  animal  power 
only,  with  suitable  and  convenient  extensions,  curves,  side-tracks, 
turn-outs,  turn-tables  and  switches  necessary  for  the  operation  of  the 
cars  and  tracks  and  their  connections  with  the  tracks  of  the  said 
company. 

1 2.  Tracks,  how  to  be  laid.]  § 2.  The  tracks  of  said  rail- 
way shall  not  be  elevated  in  said  streets  above  the  surface  of  the 
streets,  and  shall  be  laid  with  modern  improved  rails  in  such  manner 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  the  same 
at  all  points  and  in  all  directions,  without  obstruction,  and  the  rails 
to  be  used  shall  be  satisfactory  to  the  board  of  trustees  or  their  suc- 
cessors. Each  of  said  tracks  shall  be  laid  as  near  the  center  of  said 
street  as  practicable,  and  shall  not  be  laid  within  twelve  feet  of  the 
sidewalk  in  any  place,  except  in  turning  street  corners  or  constructing 
curves,  and  then  no  nearer  than  may  be  required  to  make  the  neces- 
sary curves.  And  the  cars  shall  be  constructed  with  all  the  latest 
improvements  for  the  comfort  and  convenience  of  passengers,  and 
shall  be  used  for  no  other  purpose  than  the  transportation  of  passen- 
gers. 

IT  3.  Limitation.]  § 3.  The  company  shall  lay  down  the  said 
tracks  and  begin  to  operate  its  cars  for  the  convenience  of  passengers 
on  or  before  August  1st,  1887. 

4.  Driver  only — patent  fare  collector,  etc.]  § 4.  The  said 
company  shall  have  the  right  to  operate  the  said  cars  with  a driver 
only,  and  when  so  operated  shall  place  in  the  car  a box  in  which  the 
passengers  shall  deposit  their  fare. 

Provided,  however,  that  the  said  cars,  when  so  operated,  shall  be 
arranged  with  a patent  fare  collector,  patent  signal  strap  for  stopping 
the  car,  and  patent  door-opener  by  which  the  door  on  the  rear  of  the 
car  may  be  opened  or  closed  by  the  driver  from  the  front  platform. 

1 5.  Street  improvements  and  repairs.]  § 5.  The  said  company, 
as  to  the  parts  of  said  streets  in  and  upon  which  its  said  railway  may 
be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and  repair 
during  all  the  time  to  which  the  privileges  hereby  granted  shall  be 
extended,  in  accordance  with  whatever  order,  ordinance  or  regulation 
may  be  passed  or  adopted  by  the  board  of  trustees  or  their  successors 
in  relation  to  such  repairing,  and  when  any  new  improvements  shall 
be  ordered  by  the  board  of  trustees,  as  acting  city  council,  or  theii 
successors,  of  the  said  streets,  the  said  railway  company  shall,  in  the 


1494 


STREET  RAILWAYS. 


[§  646 


manner  which  may  be  required  of  the  owners  of  property  fronting  on 
said  parts  of  said  streets,  make  such  new  improvements  for  the  width 
of  sixteen  feet,  and  if  said  company  shall  refuse  or  fail  so  to  do,  the 
same  may  be  done  by  the  board  of  trustees,  or  their  successors,  and 
the  company  shall  be  liable  to  the  city  of  Lake  View  for  the  cost 
thereof. 

Provided,  said  improvement,  if  a pavement,  may  be  made  with 
stone,  if  said  company  may  so  elect. 

II  6.  Speed  may  be  regulated.]  § 6.  The  board  of  trustees, 
or  their  successors,  may  regulate  the  time  or  times  of  running  the 
said  cars,  and  their  rate  of  speed. 

T 7.  Indemnity.]  § 7.  The  said  company  shall  forever  in- 
demnify and  save  harmless  the  city  of  Lake  View  from,  all  legal  dam- 
ages, judgments,  decrees,  costs  and  expenses  of  the  same,  which  it 
may  suffer  or  which  may  be  recovered  or  obtained  against  said  town, 
for  or  by  reason  of,  or  granting  of,  or  resulting  from  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  herewith,  and  with 
the  exercise  by  this  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance,  and  the  said  railway  com* 
pany  shall  pay  all  the  damages  to  the  owners  of  property  abutting  on 
said  street,  upon  or  ovex  which  its  said  road  is  to  be  constructed,  which 
said  owners  may  sustain  by  reason  of  the  location  or  construction  of 
said  company’s  road. 

If  8.  Sewers — water  mains  and  pipes.]  § 8.  The  board  of 
trustees,  or  their  successors,  shall  have  the  right  to  lay  all  sewer  or 
water  mains  in  said  street  which  may  be  required  from  time  to  time, 
but  in  case  of  the  displacement  or  removal  of  said  tracks  by  the  board 
of  trustees  as  acting  council,  or  their  successors,  for  such  purpose, 
then  the  same  shall  be  replaced  in  as  good  condition  as  they  were  be- 
fore said  displacement,  and  the  expense  thereof  to  be  paid  by  the  said 
town. 

1"  9.  Condition — forfeiture  for  failure  to  comply  with.]  § 9. 

The  rights  and  privileges 'herein  granted  are  upon  the  express  condi- 
tion that  any  failure  upon  the  part  of  said  company  to  fulfill  all  and 
singular  the  provisions  hereof  shall,  at  the  option  of  the  board  of 
trustees,  acting  as  city  council,  or  their  successors,  work  a forfeiture 
of  such  rights  and  privileges. 

T 10.  When  to  take  effect— fare.]  § 10.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Provided,  said  North  Chicago  Street  Railroad  Company  shall, 
within  ten  days  from  the  date  of  its  passage,  signify  in  writing  its  ac- 
ceptance thereof;  and,  Provided,  further,  that  the  said  North  Chicago 
Street  Railroad  Company  shall  guarantee  that  the  fare  for  one  con- 
tinuous ride  in  one  direction  between  Belmont  avenue  and  the  south- 
ern termini  of  said  company  or  its  connecting  lines  in  the  city  of  Chi- 


§§  647,  648]  ’^NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1495 

cago  by  the  way  of  Evanston  avenue  on  the  line  of  the  North  Chicago 
City  Railway  Company,  or  its  lessees,  or  the  connecting  lines  of  either 
of  said  companies,  shall  not  exceed  five  cents  from  and  after  the  date 
of  said  acceptance. 

§ 647.  North  Chicago  Street  Railroad  company. 

1.  Grant — route — revocation. 

T[  2.  In  force,  when. 

An  ordinance  granting  the  North  Chicago  Street  Railroad  company  right  of  way 
in  the  alley  between  Lill  avenue  and  Wrightwood  avenue.  (Passed  Marcn 
4,  1889.  Approved  March  n,  1889.) 

T 1.  Grant— route — revocation.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Lake  View:  § I.  That  permission  and  author- 
ity be  and  is  hereby  given  to  the  North  Chicago  Street  Railroad  Co.  to 
lay  down,  maintain  and  operate  a double  track  street  railway  over  and 
across  the  alley  between  Lill  avenue  and  Wrightwood  avenue  and  be- 
tween Sheffield  avenue  and  Seminary  avenue  west  of  Cable  station  of 
said  company,  so  as  to  enable  said  company  to  connect  its  Wright- 
wood avenue  tracks  with  its  barns  in  the  West  Side  of  said  alleys,  the 
northerly  rail  of  said  tracks  to  be  one  hundred  and  fifty  feet  south  of 
the  south  line  of  said  Wrightwood  avenue.  Provided,  that  the  rights 
herein  granted  may  at  any  time  be  withdrawn  by  a vote  of  a majority 
of  this  council. 

If  2.  In  force,  when.]  § 2.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 

§ 648.  North  Chicago  Street  Railroad  company. 

1.  Clybourn  avenue  extension — 20  years’  grant. 

2.  Tracks,  requirements  for,  etc. 
it  3.  Time  limited. 

If  4-  Operation  of  cars,  etc. 

it  5 Street  improvements  and  repairs. 

it  6.  Power  of  council  as  to  running  of  cars,  etc. 

it  7.  Fare — tickets. 

it  8.  Indemnity,  etc. 

if  9.  Right  to  lay  sewers  or  water  mains  reserved, 
it  10.  General  ordinances  to  govern, 
if  11.  When  to  take  effect. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  con- 
struct and  maintain  a horse  railway  in  Clybourn  avenue  between  Fullerton 
and  Belmont  avenues.  (Passed  March  19,  1888.  Approved  March  20,  1888. 
Accepted  March  27,  1888.) 

It  1.  Clybourn  avenue  extension — 20  years’  grant.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Lake  View:  § 1.  That  in 

consideration  of  the  acceptance  hereof  and  the  undertaking  of  the 
North  Chicago  Street  Railroad  Company  to  comply  with  the  provis- 
ions herein  contained,  permission  and  authority  is  hereby  given  to  said 
company,  its  successors  and  assigns  to  construct,  maintain  and  oper- 
ate by  animal  power  for  a period  of  twenty  years,  a double  track 


1496 


STREET  RAILWAYS. 


[§  648 


street  railway  on  Clybourn  avenue  between  Fullerton  avenue  and  Bel- 
mont avenue,  in  the  city  of  Lake  View,  with  suitable  and  convenient 
curves,  side  tracks,  turn-outs,  turn-tables  and  switches;  and  said  com- 
pany shall  have  the  right  to  connect  its  tracks  with  the  tracks  of  the 
North  Chicago  City  Railway  Company,  and  any  other  street  railroad 
tracks. 

1 2.  Tracks,  requirements  for,  etc.]  § 2.  The  tracks  of  said 
company  shall  not  be  elevated  in  any  street  above  the  surface  thereof 
and  shall  be  laid  with  modern  improved  rails,  and  in  such  manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction,  and  the  rails  to  be 
used  shall  be  such  as  are  required  by  the  ordinance  of  said  city,  or 
such  improved  rails  as  will  be  acceptable  to  the  mayor  and  commis- 
sioner of  public  works  thereof,  said  tracks  shall  be  laid  as  near  the 
center  of  the  street  as  practicable;  and  the  cars  shall  be  constructed 
and  furnished  with  modern  improvements  for  the  comfort  and  con- 
venience of  passengers  and  shall  be  used  for  no  other  purpose  than 
the  transportation  of  passengers. 

T 3.  Time  limited.]  § 3.  The  tracks  hereby  authorized  shall 
be  laid  at  the  time  the  street  wherein  said  tracks  are  to  be  laid1  shall  be 
paved;  and  the  laying  of  the  tracks  shall  proceed  with  said  paving, 
except  as  to  that  part  of  said  street  that  is  now  paved;  or  which  part 
they  shall  be  laid  by  the  time  the  balance  of  said  tracks  are  laid;  and 
said  company  shall  begin  to  operate  said  cars  within  thirty  (30)  days 
after  said  tracks  shall  have  been  laid.  Provided,  that  if  said  company 
shall  be  delayed  by  the  writ  of  injunction  of  any  court  from  proceeding 
with  the  work,  the  time  of  such  delay  shall  be  excluded  from  the  time 
prescribed  herein  for  laying  said  tracks,  provided,  however,  that  the 
city  council  may  direct  the  city  attorney  to  intervene  in  any  such  suit 
and  move  for  the  dissolution  of  such  injunction. 

T 4.  Operation  of  cars,  etc.]  § 4.  The  said  company  shall 
have  the  right  at  its  option  to  operate  the  said  cars  with  or  without  a 
conductor  and  with  a driver  only,  and  when  so  operated  with  a driver 
only  shall  place  in  each  car  a box  in  which  the  passengers  shall  deposit 
their  fare;  Provided,  however,  that  the  said  cars  when  so  operated 
shall  be  managed  with  a patent  fare  collector,  patent  signal  strap  for 
stopping  the  car,  and  patent  door  opener  by  which  the  rear  door  of  the 
car  may  be  opened  or  closed  by  the  driver  thereof  from  the  front  plat- 
form. 

1 5.  Street  improvements  and  repairs.]  § 5.  The  said  com- 
pany, as  to  the  parts  of  said  street  in  and  upon  which  its  street  railway 
may  be  laid,  shall  pave  sixteen  feet  in  width,  including  one  foot  in 
width  to  be  laid  in  granite  blocks  against  the  outer  rails  of  said  tracks 
and  immediately  within  the  outer  lines  of  said  sixteen  feet  at  the  time 
of  laying  said  tracks,  and  keep  the  same  in  good  condition  and  repair 
during  all  the  time  to  which  the  privileges  hereby  granted  shall  extend 


648] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1497 


and  in  accordance  with  whatever  order,  ordinances,  or  regulation  that 
has  been  or  may  hereafter  be  passed  or  adopted  by  the  city  council  in 
relation  to  said  paving  or  repairing,  and  both  as  to  the  paving  of  said 
avenue  heretofore  ordered  and  for  which  an  assessment  has  been  made 
and  confirmed  by  the  court;  and  also  as  to  any  new  improvements  of 
the  said  street  or  avenue  which  shall  be  ordered  by  the  city  council, 
the  said  company  shall  in  the  manner  which  may  be  required  of  own- 
ers of  property  fronting  on  said  street  make  such  improvement  for  the 
width  of  sixteen  feet,  except  as  herein  otherwise  ordered;  and  if  the 
said  company  shall  refuse  or  fail  to  do  so,  the  same  may  be  done  by 
the  city  council  and  the  company  shall  be  liable  to  the  city  of  Lake 
View  for  the  cost  thereof,  provided  said  improvement,  if  a pavement, 
may  be  made  for  sixteen  feet,  or  for  the  space  between  said  tracks, 
with  stone  if  said  company  shall  so  elect.  Compliance  with  the  re- 
quirements in  this  section  contained  shall  exempt  the  right  of  way  or 
privilege  granted  by  this  ordinance  from  any  special  assessment  here- 
after to  be  made  by  the  city  council  of  Lake  View  for  paving  or  im- 
proving the  road  bed  of  the  portion  of  said  avenue  covered  by  this  or- 
dinance. 

1 6.  Power  of  council  as  to  running  of  cars,  etc.]  § 6.  The 

city  council  shall  have  the  power  at  all  times  to  make  such  regulations 
as  to  the  time  or  times  of  running  said  cars  or  their  rate  of  speed; 
Provided,  that  in  any  such  regulation,  the  public  safety  and  conveni- 
ence on  said  right  of  way  shall  alone  be  considered. 

If  7.  Fare — tickets.]  § y.  The  regular  fare  for  each  passenger 
shall  not  exceed  five  cents  for  any  continuous  ride  in  any  direction 
upon  the  line  authorized  by  this  ordinance.  But  said  company  shall 
at  its  office,  or  through  its  conductors,  sell  to  all  persons  desiring  the 
same,  tickets  which  shall  entitle  the  passenger  holding  the  same  to  one 
ride  for  each  ticket  and  in  either  direction  upon  the  line  of  the  railway 
hereby  authorized,  and  shall  sell  the  same  at  the  rate  of  fifteen  tickets 
for  fifty  cents  or  of  thirty-three  (33)  for  one  dollar. 

T 8.  Indemnity,  etc.]  § 8.  Said  company  shall  forever  in- 
demnify and  save  harmless  the  city  of  Lake  View  from  any  and  all 
legal  damages,  judgments,  decrees,  costs  and  expenses  of  the  same 
which  it  may  suffer,  or  which  may  be  recovered  or  obtained  against 
said  city  for,  or  by  reason  of,  or  resulting  from  the  passage  of  this  or- 
dinance or  any  matter  or  thing  contained  herewith  or  with  the  exer- 
cise by  said  company  of  the  privileges  hereby  granted  or  from  any  act 
or  acts  of  said  company,  its  servants  or  agents,  under  or  by  virtue  of 
the  provisions  of  this  ordinance,  and  the  said  company  shall  pay  all 
the  damages  to  owners  of  property  abutting  upon  said  street,  upon  or 
over  which  its  said  road  shall  be  constructed,  which  they  may  sustain 
by  reason  of  the  location  or  construction  of  said  road,  the  same  to  be 
ascertained  and  paid  in  the  manner  provided  by  law  for  the  services  of 
the  right  of  eminent  domain. 


1498 


STREET  RAILWAYS. 


[§  649 


T 9.  Right  to  lay  sewers  or  water  mains  reserved,]  § 9. 

The  city  council  shall  have  the  right  to  lay  all  sewers  or  water 
mains  in  said  street,  which  may  from  time  to  time  be  required,  but  in 
case  of  the  displacement  or  removal  of  the  tracks  of  said  company,  for 
such  purpose,  then  the  same  shall  be  replaced  in  as  good  condition  as 
before,  at  the  expense  of  said  city. 

T 10.  General  ordinances  to  govern.]  § 10.  The  franchises 
granted  by  this  ordinance  are  so  granted  subject  to  all  general  or- 
dinances of  said  city  of  Lake  View,  concerning  street  railways  now  or 
which  may  hereafter  be  in  force. 

If  11.  When  to  take  effect.]  §11.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  acceptance  by  said  company 
provided  that  the  same  shall  be  accepted  within  thirty  days  of  the 
passage  hereof. 

§ 649.  North  Chicago  Street  Railroad  company. 


IT 

1. 

Halsted  street  extension. 

If 

2. 

Tracks,  how  to  be  laid,  etc. 

IF 

3- 

Street  improvements  and  repairs. 

IF 

4- 

Speed,  etc. , regulated  by  city  officials. 

IF 

5- 

Fare. 

IF 

6. 

Sewers  and  water  mains. 

IF 

7. 

Time  limit  for  completion,  etc. 

IF 

8. 

Indemnity. 

IT 

9- 

Charter  rights  reserved. 

IF 

10. 

Failure,  forfeiture,  etc. 

IT 

11. 

When  in  effect. 

IT 

12. 

Repeal  of  prior  ordinance. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  con- 
struct a horse  railway  in  Halsted  street  from  Clark  street  to  Grace  street  in 
the  city  of  Lake  View.  (Passed  March  4,  1889.  Approved  March  n,  1889. 
Accepted  April  1,  1889.) 

1 1.  Halsted  street  extension.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Lake  View:  § 1.  That  in  consideration  of  the 
acceptance  hereof,  and  the  undertaking  of  the  North  Chicago  Street 
Railroad  Company  to  comply  with  the  provisions  herein  contained, 
permission  and  authority  is  hereby  given  to  the  said  company  to  con- 
struct, maintain  and  operate  for  a period  of  twenty  years  a double 
track  street  railway  on  Halsted  street,  from  a point  two  hundred  (200) 
feet  north  of  the  easterly  line  of  Clark  street  connecting  with  the  pres- 
ent Halstead  street  line  of  this  company  to  Grace  street,  there  to  con- 
nect with  the  tracks  now  laid  and  in  use  by  said  company  in  Evanston 
avenue,  and  to  operate  the  same  by  animal  power,  with  suitable  and 
convenient  extensions,  curves,  side-tracks,  turn-outs,  turn-tables  and 
switches  necessary  for  the  operation  of  the  cars  by  said  company. 

1 2.  Tracks,  how  to  be  laid,  etc.]  § 2.  The  tracks  of  said 
railway  shall  not  be  elevated  in  said  street  above  the  surface  of  the 
street  and  shall  be  laid  with  modern  improved  rails  in  such  a manner 
that  carriages  and  other  vehicles  can  easily  and  freely  cross  the  same 


649] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1499 


at  all  points  and  in  all  directions  without  obstruction,  and  the  rails  to 
be  used  shall  be  of  such  kind  or  character  as  shall  be  approved  by  the 
mayor  and  commissioner  of  public  works  of  said  city. 

Each  of  said  tracks  shall  be  laid  as  near  the  center  of  each  street 
as  practicable,  and  shall  not  be  laid  within  twelve  (12)  feet  of  the  side- 
walk in  any  place,  and  the  cars  shall  be  constructed  with  all  the  latest 
improvements  for  the  comfort  and  convenience  of  passengers,  and 
shall  be  used  for  no  other  purpose  than  the  transportation  of  passen- 
gers, and  said  tracks  shall  be  laid  in  a substantial  and  proper  manner 
concurrently  as  near  as  may  be  with  the  paving  of  said  street  as  such 
paving  has  been  ordered  by  the  city  council  of  said  city. 

3.  Street  improvements  and  repairs.]  § 3.  The  said  com- 
pany as  to  the  parts  of  said  streets  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  (16)  feet  in  good  condition  and  repair, 
during  all  the  time  to  which  the  privileges  hereby  granted  shall  be 
extended,  in  accordance  with  whatever  order,  ordinance  or  regulation 
may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing and  when  any  new  improvement  shall  be  ordered  by  the  city 
council  of  the  said  city,  the  said  railway  company  shall  in  the  manner 
which  may  be  required  of  the  owners  of  property  fronting  on  said 
parts  of  said  street,  make  new  improvements  for  the  width  of  sixteen 
(16)  feet,  and  if  said  company  shall  refuse  or  fail  so  to  do,  the  same 
may  be  done  by  the  city  council,  and  the  company  shall  be  liable  to 
the  city  of  Lake  View  for  the  cost  thereof.  Provided,  said  improve- 
ment, if  a pavement,  may  be  made  with  stone,  if  said  company  shall 
so  elect.  And  provided  the  company  shall  pave  the  ten  inches  outside 
and  adjoining  the  water  rails  with  granite  blocks  at  the  time  they  lay 
their  tracks. 

*[[  4.  Speed,  etc.,  regulated  by  city  officials.]  § 4.  The  city 
council  may  regulate  the  time  or  times  of  running  the  said  cars,  and 
their  rate  of  speed,  but  the  said  company,  until  such  regulation  shall 
be  so  made,  shall  run  said  cars  as  often  as  every  fifteen  minutes  each 
way  during  the  part  of  the  day  when  it  is  usual  for  cars  to  be  run. 

T 5.  Fare.]  § 5.  The  regular  fare  for  each  passenger  shall 
not  exceed  five  cents  for  one  continuous  ride  in  either  direction  be- 
tween said  Grace  street  and  the  southern  terminus  of  said  Halsted 
street  line  in  the  city  of  Chicago. 

IT  6.  Sewers  and  water  mains.]  § 6.  The  city  council  shall 
have  the  right  to  lay  all  sewers  or  water-mains,  or  service  pipes,  or 
make  or  repair  any  other  improvement  in  said  street,  which  may  be 
required  from  time  to  time;  reasonable  notice  of  such  intention  shall 
be  given  to  said  company  by  the  authorities  of  said  city  and  during 
such  removal  and  until  a reasonable  time  shall  have  elapsed  to  re- 
place said  tracks,  the  provisions  of  section  4 of  this  ordinance  shall  re- 
main in  abeyance. 

1 7.  Time  limit  for  completion,  etc.]  § 7.  Said  company 


1500 


STREET  RAILWAYS. 


[§  650 


shall  lay  down  said  track  or  tracks  in  Halsted  street  aforesaid  and 
begin  to  operate  the  same  for  the  convenience  of  passengers  on  or  be- 
fore the  first  day  of  November,  A.  D.  1889.  Provided,  said  street 
shall  be  paved,  and  the  water,  gas  and  sewer  pipes  laid  therein,  and  all 
connections  made  therewith  by  order  of  the  city  council  at  or  prior 
to  said  date. 

1 8.  Indemnity.]  § 8.  The  said  company  shall  forever  indem- 
nify and  save  harmless  the  city  of  Lake  View  from  all  legal  damages, 
judgments,  decrees,  costs  and  expenses  of  the  same,  which  it  may 
suffer,  or  which  may  be  recovered  or  obtained  against  said  city,  for  or 
by  reason  of  the  granting  of  or  resulting  from  the  passage  of  this  or- 
dinance, or  any  matter  or  thing  connected  herewith;  and  the  exercise 
of  said  company  of  the  privileges  hereby  granted,  or  from  any  act  or 
acts  of  the  said  company,  its  servants  or  agents,  under  or  by  virtue  of 
the  provisions  of  this  ordinance;  and  the  said  railway  company  shall 
pay  all  damages  to  the  owner  or  owners  of  property  abutting  on  said 
street  or  over  which  its  said  road  is  to  be  constructed,  which  said  own- 
ers may  sustain  by  reason  of  the  location  or  construction  of  said  road. 

T 9.  Charter  rights  reserved.]  § 9.  The  city  of  Lake 
View,  in  granting  the  authority  and  permission  aforesaid,  especially 
reserves  its  chartered  right  to  control  its  streets  and  crossings,  and 
grant  at  its  pleasure,  without  condemnation  proceedings,  or  other  let 
or  hindrance  whatsoever,  to  any  other  person  or  corporation,  the  right 
of  way  across  said  tracks  of  the  said  North  Chicago  Street  Railroad 
Company. 

If  10.  Failure,  forfeiture,  etc.]  § 10.  The  rights  and  privileges 
herein  granted  are  upon  the  express  condition  that  any  failure  upon 
the  part  of  said  company  to  fulfill  all  and  singular  the  provisions  here- 
of shall,  at  the  option  of  the  city  council  of  the  city  of  Lake  View, 
work  a forfeiture  of  such  rights  and  privileges. 

11.  When  in  effect.]  §11.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage.  Provided,  the  said  com- 
pany shall  signify  its  acceptance  of  the  terms  and  conditions  hereof  in 
writing  within  twenty  days  after  the  passage  hereof. 

T 12.  Repeal  of  prior  ordinance.]  § 12.  That  an  ordinance  en- 
titled “An  ordinance  authorizing  the  North  Chicago  Street  Railroad 
Company  to  construct  a horse  railway  on  Halsted  street  to  Grace 
street.”  Passed  February  4,  1889,  be  and  the  same  is  hereby  repealed. 

§ 650.  North  Chicago  Street  Railroad  company. 

IT  1.  Sheffield  avenue  extension. 

IT  2.  Time  limited. 

Hi  3.  Conditions. 

it  4-  Speed,  etc.,  may  be  regulated. 

■IT  5-  Fare. 

IT  6.  Motive  power  optional. 

IT  7*  Tracks — manner  of  laying — repair  of  street. 


§ 65°] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1501 


8.  Operating  cars. 

9.  Street  improvement  and  repairs. 

U 10.  Sewers  and  water  mains. 

11.  Indemnity. 

12.  Chartered  rights  reserved. 

\ 13.  Conditions — forfeiture,  etc. 

*[  14.  When  to  take  effect. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  con- 
struct and  operate  a street  railroad  on  Sheffield  avenue,  between  the  center  of 

Fullerton  avenue  and  the  center  of  Clark  street  in  the  city  of  Lake  View. 

(Passed  June  27,  1889.  Approved  July  1,  1889.  Accepted  July  8,  1889.) 

% 1.  Sheffield  avenue  extension.]  § 1.  That  in  consideration 
of  the  acceptance  hereof,  and  the  undertaking  of  the  North . Chi- 
cago Street  Railroad  Company  to  comply  with  the  provisions 
herein  contained,  permission  and  authority  are  hereby  granted 
to  the  North  Chicago  Street  Railroad  Company,  its  successors  and  as- 
signs, to  construct,  maintain,  and  operate  a double  track  street  rail- 
road upon  Sheffield  avenue  between  Lincoln  avenue  and  the  center  of 
Clark  street  with  the  right  to  connect  with  other  street  railroad  tracks. 

2.  Time  limited.]  § 2.  Said  company  shall  lay  down  the 
tracks  aforesaid  and  begin  to  operate  the  same  for  the  convenience  of 
passengers  on  or  before  the  first  day  of  December,  1889;  Provided, 
said  street  shall  be  paved  and  the  water  and  sewer  pipes  laid  therein 
and  all  connections  made  therewith,  by  order  of  the  city  council,  with- 
in said  time. 

IT  3.  Conditions.]  § 3.  The  permission  hereby  granted  is  upon 
the  further  condition  that  said  company  shall  extend  its  street  railroad 
on  said  Sheffield  avenue  from  Lincoln  avenue  south  to  Fullerton  ave- 
nue whenever  the  city  of  Chicago  shall  grant  permission  to  said  com- 
pany to  construct  a street  railroad  on  Sheffield  avenue  between  Fuller- 
ton avenue  and  North  avenue,  and  permission  and  authority  is  hereby 
given  for  the  construction  of  said  tracks  on  Sheffield  avenue  between 
Lincoln  avenue  and  Fullerton  avenue. 

Provided,  that  said  company  shall  pay  into  the  city  treasury  the 
cost  of  paving  the  center  16  feet  of  the  street  improvement  made  by 
special  assessment  for  the  benefit  of  and  to  revert  to  the  owners  of 
abutting  property.  Whenever  the  tracks  last  mentioned  shall  be  con- 
structed to  Fullerton  avenue,  the  same  shall  be  connected  with  the 
tracks  authorized  to  be  laid  by  the  city  of  Chicago  between  Fullerton 
avenue  and  North  avenue,  and  the  same  shall  then  be  operated  as  one 
line. 

1 4.  Speed,  etc.,  may  be  regulated.]  § 4.  The  city  council 
may  regulate  the  rate  of  speed  of  said  cars,  and  said  company  shall 
run  said  cars  at  least  as  often  as  every  fifteen  minutes,  each  way, 
during  the  part  of  the  day  when  it  is  usual  for  street  cars  to  be  run. 

1 5.  Fare.]  § 5.  The  rate  of  fare  to  be  charged  on  the  line 
hereby  authorized  shall  be  not  exceeding  five  cents  for  any  continuous 


1502 


STREET  RAILWAYS. 


[§  65° 


travel  of  one  trip  to  or  from  the  northern  terminus  of  the  tracks  here- 
by authorized,  and  the  end  of  the  cable  line  of  said  company  in  the 
south  division  of  the  city  of  Chicago. 

If  6.  Motive  power  optional.]  § 6:  The  tracks  hereby 

authorized  may  be  operated  by  animal  or  electric  power  or  by  cable 
power.  For  the  purpose  of  operating  said  cars  by  cable  or  electric 
power,  the  company  may  make  all  necessary  trenches,  excavations 
and  sewer  connections,  and  place  all  needful  and  convenient  endless 
cables  in  said  street,  so  that  such  cables,  electric  power,  wires  and  ma- 
chinery shall  be  underground,  and  shall  not  interfere  with  public  trav- 
el. Provided,  that  if  in  constructing  said  trenches  or  using  the  same, 
any  damages  or  injuries  result  to  any  sewer,  water  pipe  or  private 
drains,  then  the  said  company  shall  pay  and  be  liable  therefor. 

If  7.  Tracks— manner  of  laying — repair  of  street.]  § 7.  The 
tracks  of  said  railway  shall  not  be  elevated  in  said  street  above  the  sur- 
face of  the  street,  and  shall  be  laid  with  modern  improved  rails,  in 
such  a manner  that  carriages  and  other  vehicles  can  easily  and  freely 
cross  the  same  at  all  points  and  in  all  directions  without  obstruction; 
and  the  rails  to  be  used  shall  be  the  same  now  used  by  said  company 
on  its  other  lines.  Each  of  said  tracks  shall  be  laid  as  near  the  center 
of  said  street  as  practicable,  and  shall  not  be  laid  within  twelve  (12) 
feet  of  the  sidewalk  in  any  place.  Said  tracks  shall  be  laid  in  a sub- 
stantial and  proper  manner,  concurrently  as  near  as  may  be  with  the 
paving  of  the  street  as  such  paving  has  been  ordered  by  the  city  coun- 
cil of  said  city.  The  aperture  opening  into  the  trenches  hereby  au- 
thorized shall  not  exceed  five-eighths  of  an  inch  in  width. 

If  8.  Operating  cars.]  § 8.  Said  company  shall  operate, 
when  cable  cars  are  run,  not  to  exceed  two  cars  and  one  grip  car  at- 
tached, together  with  a gripman  in  charge  of  the  grip  car,  and  one 
conductor  in  charge  of  each  additional  car.  The  cars  to  be  used  upon 
said  railroad  shall  be  constructed  with  all  the  latest  improvements  for 
the  comfort  and  convenience  of  passengers,  and  shall  be  used  for  no 
other  purpose  than  for  the  transportation  of  passengers. 

IF  9.  Street  improvement  and  repairs.]  § 9.  Said  company, 
as  to  the  part  of  Sheffield  avenue  in  and  upon  which  its  said  railway 
shall  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and  re- 
pair, during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  ordinance  or  regulation  may  be 
passed  or  adopted  by  the  city  council  in  relation  to  such  repairing  and 
when  any  new  improvement  shall  be  ordered  by  the  city  council  for 
the  said  part  of  Sheffield  avenue,  said  company  shall,  in  the  manner 
which  may  be  required  of  owners  of  property  abutting  on  said  street, 
make  such  new  improvement  for  the  width  of  sixteen  feet,  and  if  said 
company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by  the 
city,  and  the  company  shall  be  liable  to  the  city  for  the  cost  thereof; 
Provided,  also,  that  upon  the  construction  of  the  street  railroad  of  said 


§ 651]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1503 

company  on  Sheffield  avenue,  between  Lincoln  avenue  and  Fullerton 
avenue,  there  shall  be  paid  by  said  company  to  the  city  of  Lake  View 
for  the  use  of  the  owners  of  property  abutting  on  said  avenue  between 
said  points,  the  value,  at  the  time  such  tracks  are  laid,  of  sixteen  teet 
of  the  pavement  of  said  avenue  between  said  points. 

% 10.  Sewers  and  water  mains.]  § io.  The  city  council  shall 
have  the  right  to  lay  all  sewers  or  water  mains  or  service  pipes,  or 
make  or  repair  any  other  improvements  in  said  streets  which  may  be 
required  from  time  to  time.  Reasonable  notice  of  such  intention  shall 
be  given  to  said  company  by  the  authorities  of  said  city  and  during 
such  removal  and  until  a reasonable  time  shall  have  elapsed  to  replace 
said  tracks  the  provision  of  section  four  of  this  ordinance  shall  remain 
in  abeyance. 

Tf  11.  Indemnity.]  § n.  The  said  company  shall  forever  in- 
demnify and  save  harmless  the  city  of  Lake  View  from  all  legal  dam- 
ages, judgments,  decrees,  costs  and  expenses  of  the  same,  which  it 
may  suffer  or  which  may  be  recovered  or  obtained  against  the  city  for, 
or  by  reason  of,  the  granting  of  or  resulting  from  the  passage  of  this 
ordinance,  or  any  matter  or  thing  connected  herewith,  and  the  exer- 
cise by  said  company  of  the  privileges  hereby  granted,  or  from  any 
act  or  acts  of  the  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance;  and  the  said  railroad  com- 
pany shall  pay  all  damages  to  the  owner  or  owners  of  property  abut- 
ting on  said  street,  upon  or  over  which  its  said  road  is  to  be  construct- 
ed, which  said  owners  may  sustain  by  reason  of  the  location  or  con- 
struction of  said  road. 

1"  12.  Chartered  rights  reserved.]  § 12.  The  city  of  Lake 
View,  in  granting  the  authority  and  permission  aforesaid,  especially 
reserves  its  chartered  right  to  control  its  streets  and  crossings,  and 
grant  at  its  pleasure,  without  condemnation  proceedings  or  other  let 
or  hindrance  whatsoever,  to  any  other  person  or  corporation,  the  right 
of  way  across  said  tracks  of  the  said  North  Chicago  Street  Railroad 
Company. 

1 13.  Conditions— forfeiture,  etc.];*  § 13.  The  rights  and 
privileges  hereby  granted  are  upon  the  express  condition  that  any  fail- 
ure upon  the  part  of  said  company  to  fulfill  all  and  singular  the  pro- 
visions hereof  shall,  at  the  option  of  the  city  council  of  the  city  of  Lake 
View,  work  a forfeiture  of  such  rights  and  privileges. 

IT  14.  When  to  take  effect.]  § 14.  This  ordinance  shall  take 
effect  and  be  in  force  upon  said  company  filing  with  the  city  clerk  its 
acceptance  of  the  same;  Provided,  that  unless  said  acceptance  shall  be 
filed  within  sixty  days  from  the  passage  hereof,  this  ordinance  shall 
be  null  and  void. 


1504 


STREET  RAILWAYS. 


[§§  651,  652 


§ 651.  North  Chicago  Street  Railroad  company. 

^ 1.  Belmont  avenue  extension. 

2.  In  force  from  passage. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  cable 
Clybourn  avenue  from  Fullerton  to  Belmont  avenues.  (Passed  June  26, 
1890.) 

1 1.  Belmont  avenue  extension.]  Be  it  ordained  *by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  consent,  permission  and 

authority  are  hereby  given  to  the  North  Chicago  Railroad  Company 
to  cable  its  line  of  street  railroad  upon  Clybourn  avenue,  from  Fuller- 
ton avenue  to  Belmont  avenue;  Provided,  the  same  shall  be  done  and 
said  road  operated  subject  to  all  the  terms,  conditions  and  restrictions 
contained  in  an  ordinance  passed  by  the  city  council  of  the  city  of 
Chicago  June  7,  1886,  authorizing  the  North  Chicago  Street  Railroad 
Company  to  cable  its  lines  of  railway;  and,  provided,  that  said  com- 
pany shall  at  all  times  comply  with  the  provisions  of  an  ordinance  of 
the  city  council  in  reference  to  street  car  fares,  passed  March  6,  1890; 
provided,  further,  that  said  cable  line  shall  be  completed  and  in  oper- 
ation for  the  full  length  of  the  route  herein  authorized  within  one  year 
from  the  date  of  the  passage  of  this  ordinance,  otherwise  this  ordi- 
nance shall  be  null  and  void. 

1"  2.  In  force  from  passage.]  § 2.  This  ordinance  shall  be 
in  force  and  take  effect  from  and  after  its  passage. 

§ 652.  North  Chicago  Street  Railroad  company. 

T[  1.  Chicago  avenue  extension. 

1 2.  Tracks. 

Tf  3.  Terms  and  conditions. 

"II  4.  Street  improvements  and  repairs. 

} 5.  Transfer  tickets,  fares,  etc. 

* 6.  Motive  power — cars  to  be  heated,  etc. 

\ 7.  Damages,  indemnity,  etc. 

*|  8.  Grant  limited  as  to  time. 

\ 9.  Bond. 

*[[  10.  License  fees  for  cars,  etc. 

1 11.  Removal  of  track — restoration  of  street. 

^[12.  Prior  ordinances  govern. 

][  13.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  North  Chicago  Street  Railroad  com- 
pany to  operate  on  Chicago  avenue  from  Larrabee  street  to  Milwaukee 
avenue.  (Passed  March  16,  1891.  Accepted  April’is,  1891.) 

f 1.  Chicago  avenue  extension.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 
is  hereby  granted  to  the  North  Chicago  Street  Railroad  Company,  its 
successors  and  assigns,  to  extend,  from  Larrabee  street  to  Milwaukee 
avenue,  the  street  railroad  of  said  company,  now  located  on  Chicago 
avenue,  between  Clark  street  and  Larrabee  street,  with  the  right  to 
connect  with  other  street  railroads  and  to  use  the  sarnie  for  no  other 


§ 652]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1505 

purpose  than  for  the  transportation  of  passengers  and  their  baggage 
carried  in  hand. 

IT  2.  Tracks.]  § 2.  The  tracks,  herein  authorized,  of  said 
railway  shall  not  be  elevated  above  the  surface  of  the  street,  and  shall 
be  laid  with  modern  improved  rails  and  in  such  manner  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  the  same,  at  all  points 
and  in  all  directions,  without  obstruction.  Section  1509  (§1704-1897) 
of  the  Municipal  Code  of  1881  shall  not  apply  to  the  railway  tracks 
herein  authorized;  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor  and  commissioner  of  public  works,  and  said  rails  shall  be  laid 
and  all  work  shall  be  done  under  the  direction  of  said  commissioner 
of  public  works  of  the  city.  The  said  tracks  to  be  placed  on  the  cen- 
ter sixteen  feet  of  said  streets. 

1 3.  Terms  and  conditions.]  § 3.  The  permission  hereby 
given  is  subject  to  all  the  terms  and  conditions  which  apply  to  said 
street  railroad  now  located  and  operated  on  said  Chicago  avenue, 
between  Clark  street  and  Larrabee  street.  The  tracks  hereby  author- 
ized shall  be  laid  on  or  before  August  1st,  1891. 

T 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  streets  in  and  upon  which  its  said  railway  may 
be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall  be 
laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  in 
good  condition  and  repair  during  all  the  time  to  which  the  privileges 
hereby  granted  shall  extend,  in  accordance  with  whatever  order,  ordi- 
nance or  regulation  may  be  passed  or  adopted  by  the  city  council  in 
relation  to  such  repairing;  and  when  any  new  improvements  shall  be 
ordered  by  the  city  council  of  the  said  part  of  streets,  or  either  of 
them,  the  said  company  shall,  in  the  manner  which  may  be  required 
of  the  owners  of  property  fronting  on  said  parts  of  street,  or  either  of 
them, make  such  new  improvements, for  the  width  of  eighteen  feet  where 
a single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid;  and,  if  the  said  company  shall  refuse  or  fail 
so  to  do,  the  same  may  be  done  by  the  city,  and  the  company  shall  be 
liable  to  the  city  for  the  cost  thereof. 

1"  5.  Transfer  tickets,  fares,  etc.]  § 5.  Said  company  shall 
arrange  with  the  West  Chicago  Street  Railroad  Company  so  as  to 
connect  the  tracks  hereby  authorized  with  the  tracks  leased  by  the 
company  last  aforesaid  on  West  Chicago  avenue,  and  the  North  Chica- 
go Street  Railroad  Company  shall  also  arrange  with  the  West  Chicago 
Street  Railroad  Company  for  the  operation  by  that  company  of  the 
tracks  hereby  authorized,  so  that  the  company  last  named  shall  oper- 
ate a line  of  cars  on  Chicago  avenue,  from  North  Clark  street,  and 
connecting  with  the  street  railway  on  North  Clark  street,  to  California 
avenue,  and  on  California  avenue  from  Chicago  avenue  to  Division 
street,  or  Humboldt  park,  and  return,  for  one  fare,  not  to  exceed  five 
(5)  cents  in  either  direction;  in  no  event  shall  the  rate  of  fare  exceed 
95 


1506 


STREET  RAILWAYS. 


[§652 


five  (5)  cents  for  each  passenger  for  any  continuous  travel  of  one  ride 
upon  said  line  and  its  connections  over  said  tracks  and  all  other  lines 
and  tracks  of  said  company  connected  therewith  which  it  may  operate 
as  owner  or  lessee.  Said  North  Chicago  Street  Railroad  Company 
shall  issue  transfer  tickets  either  north  or  south  at  Clark  street. 

T 6.  Motive  power — cars  to  be  heated,  etc.]  § 6.  Every  car 
operated  on  said  line  hereby  authorized  shall  be  operated  by  cable  or 
animal  power  only,  and  shall  be  provided  during  the  months  of  Octo- 
ber, November,  December,  January,  February,  March  and  April  each 
year  with  a heating  apparatus,  of  a kind  and  nature  to  be  selected  by 
the  person  or  corporation  engaged  in  operating  and  running  such  car, 
which  shall  be  reasonably  effective  in  raising  the  temperature  in  said 
car  and  heating  the  same;  and  the  said  apparatus  shall  be  operated  at 
such  times,  during  the  months  aforesaid,  as  the  nature  of  the  weather 
and  the  degree  of  the  temperature  shall  require. 

1 7.  Damages,  indemnity,  etc.]  § 7.  The  North  Chicago 
Street  Railroad  Company  shall  pay  all  damages  to  the  owners  of 
property  abutting  on  the  street  upon  which  the  road  hereby  authorized 
shall  be  constructed  which  said  owners  may  sustain  by  reason  of  the 
location  and  construction  of  said  road,  and  the  said  company  shall 
forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and  ex- 
penses of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or 
obtained  against  said  city,  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from, 
the  passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

1 8.  Grant  limited  as  to  time.]  § 8.  The  rights  and  privi- 
leges granted  to  the  said  company  by  this  ordinance  are  intended  so 
to  be  and  shall  continue  and  be  in  force  for  the  benefit  of  said  company 
for  the  term  ending  July  30th,  1903,  and  no  longer. 

If  9.  Bond.]  § 9.  The  North  Chicago  Street  Railroad  Com- 
pany shall  enter  into  a bond  to  the  city  of  Chicago,  in  the  penal  sum 
of  twenty-five  thousand  ($25,000)  dollars,  conditioned  for  the  faithful 
performance  by  said  company  of  the  terms  and  conditions  of  this  ordi- 
nance, and  that  the  work  to  be  done  under  this  ordinance  shall  be 
completed  at  the  time  specified  in  this  ordinance,  unless  delayed  by  the 
order  or  injunction  of  some  court  of  competent  jurisdiction. 

T 10.  License  fees  for  cars,  etc.]  § 10.  The  said  North 
Chicago  Street  Railroad  Company  shall  pay  into  the  city  treasury  of 
the  city  of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dollars 
as  an  annual  license  fee  for  each  and  every  car  used  by  said  company 
which  has  not  been  included  for  use  on  other  lines  in  the  man- 
ner following:  In  computing  the  number  of  cars  upon  which  such 


§ 652a] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1507 


license  charge  shall  be  imposed,  thirteen  round  trips,  when  the  car  is 
used  in  the  transportation  of  passengers,  shall  be  taken  as  equivalent 
to  one  day’s  use  of  one  car;  one-thirteenth  of  the  total  number  of  round 
trips  during  each  quarter  shall  be  divided  by  the  number  of  days  in 
such  quarter;  such  quotient  shall  be  the  number  of  cars  subject  to 
such  license  fee.  The  president  or  other  chief  officer  of  said  company 
shall,  under  oath,  make  report  quarter-yearly  to  the  comptroller  of  the 
city  of  Chicago  of  the  whole  number  of  cars  so  run  by  said  company, 
and,  at  the  same  time,  pay  to  said  comptroller  $12.50  per  quarter  tor 
each  car,  to  be  ascertained  as  above  prescribed  in  this  section.  The 
first  quarter  shall  begin  on  the  first  day  upon  which  said  company  shall 
run  a car  or  cars  for  the  carriage  of  passengers.  Said  North  Chicago 
Street  Railroad  Company  shall  pay  into  the  city  treasury  of  the  city 
of  Chicago,  during  the  term  of  this  license,  the  sum  of  $500  annually, 
to  be  used  in  repairing  the  Chicago  avenue  bridge  and  viaduct. 

If  11.  Removal  of  track — restoration  of  street.]  §11.  When 
the  right  of  said  company  to  operate  its  railways  upon  such  parts  of 
streets  shall  cease  and  determine,  said  company  shall  remove  its  tracks 
from  said  parts  of  streets,  and  put  the  said  parts  of  streets  from:  which 
said  track  shall  be  removed  in  as  good  condition  as  the  adjacent  parts 
of  streets. 

1 12.  Prior  ordinances  govern.]  § 12  This  permission  and 
authority  hereby  granted  is  subject  to  all  general  ordinances  now  in 
force,  or  that  may  hereafter  be  passed,  concerning  street  or  horse  rail- 
roads, so  far  as  applicable  thereto. 

If  13.  When  to  take  effect.]  § 13.  This  ordinance  shall 
take  effect  upon  the  execution  and  delivery  of  said  bond  and  the  ac- 
ceptance by  said  company  of  this  ordinance;  Provided,  that  such  bond 
and  acceptance  shall  be  filed  with  the  city  clerk  within  thirty  (30)  days 
from  the  passage  of  this  ordinance,  otherwise  this  ordinance  shall  be 
void  and  of  no  effect. 

Note. — See  two  amendatory  ordinances  following. 

§ 652a.  North  Chicago  Street  Railroad  company. 

1.  Transfer  tickets  at  Wells  street. 

2.  When  in  force. 

An  ordinance  amending  ordinance  to  North  Chicago  Street  Railroad  company, 

passed  March  16,  1891.  (Passed  April  9,  1891.) 

1 1.  Transfer  tickets  at  Wells  street.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  section  5 of  an  ordi- 
nance granting  to  the  North  Chicago  Street  Railroad  Company  au- 
thority to  extend  from  Larrabee  street  to  Milwaukee  avenue  the  street 
railroad  of  said  company  now  located  on  Chicago  avenue,  between 
Larrabee  street  and  Clark  street;  passed  March  16th,  1891,  be  and  the 
same  is  hereby  amended  so  that  the  last  paragraph  in  said  section  5 
shall  read  as  follows:  “Said  North  Chicago  Street  Railroad  Company 
shall  issue  transfer  tickets  either  north  or  south  at  Wells  street.” 


1508  STREET  RAILWAYS.  [§  § § 65  2b,  653,  654 

If  2.  “:.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 652b.  North  Chicago  Street  Railroad  company. 

If  1.  Error  corrected. 

3 2.  When  effectual. 

An  ordinance  amending  ordinance  to  the  North  Chicago  Street  Railroad  com- 
pany, passed  March  16,  1891.  (Passed  December  21,  1891.) 

If  1.  Error  corrected.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  section  5 of  an  ordinance  granting 

to  the  North  Chicago  Street  Railroad  Company,  its  successors  and 
assigns,  permission  and  authority  to  extend  from  Larrabee  street  to 
Milwaukee  avenue  the  street  railroad  of  said  company,  now  located  on 
hicago  avenue,  between  Clark  street  and  Larrabee  street,  passed 
March  16th,  1891,  be  and  the  same  is  hereby  amended  by  striking  out 
the  word  “that,”  which  occurs  in  the  ninth  line  of  said  section,  and  is 
the  54th  word  in  said  section,  and  substituting  in  lieu  of  the  said  word 
‘‘that”  the  words,  “the  North  Chicago  Street  Railroad.” 

If  2.  When  effectual.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 653.  North  Chicago  Street  Railroad  company. 

An  ordinance  authorizing  and  empowering  the  West  Chicago  Street  Railroad 
company  and  the  North  Chicago  Street  Railroad  company  to  operate  their 
several  railroads  by  certain  motors  or  motive  powers  therein  named. 
(Passed  March  21,  1892.  Accepted  by  the  West  Chicago  Street  Railroad 
company  March  28,  1892,  and  by  the  North  Chicago  Street  Railroad  com- 
pany April  6,  1892.) 

An  ordinance  amending  above  ordinance  of  March  21,  1892.  (Passed  April  30, 
1894.) 

Ordinances  amending  section  one  (1)  of  above  ordinance  of  April  30,  1894. 
(Passed  May  7,  1894.) 


Note. — 
Company. 

For  above  ordinances  see  West  Chicago  Street  Railway 

§ 654- 

North  Chicago  Street  Railroad  company. 

1 

1. 

Grant  twenty  years. 

I 

2. 

Power  to  be  used. 

3 

3- 

Cable  or  electricity — construction,  conditions,  etc. 

i 

4- 

Street  improvements,  repairs,  etc. 
Tracks — limitations — conditions,  etc. 

3 

5. 

1 

6. 

Fare — transfer  tickets — police,  etc.,  ride  free  of  charge. 

ii 

7. 

Tracks,  how  laid,  etc. 

if 

8. 

License  fee,  $50  per  car. 

i 

9* 

Heating  apparatus — running  time. 

t 

10. 

Indemnity  required. 

if 

11. 

Bond. 

3 

12. 

When  to  take  effect. 

§ 654]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1509 

An  ordinance  granting  permission  to  the  North  Chicago  Street  Railroad  company 

to  lay  down  and  operate  tracks  on  Southport  avenue  from  Clark  street  to 

Clybourn  Avenue,  etc.  (Passed  May  7,  1894.) 

Tf  1.  Grant  twenty  years.]  Be  it  ordained  by  the  city  council 
of  the 'city  of  Chicago:  § i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  by  the  North  Chicago'  Street  Railroad 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its 
successors  and  assigns,  and  said  company  is  hereby  required,  to  lay 
down,  construct,  maintain  and  operate,  for  the  period  of  twenty  (20) 
years  from  and  after  the  date  of  the  passage  of  this  ordinance,  a double 
track  street  railroad,  with  all  necessary  and  convenient  turn-outs, 
side-tracks  and  switches,  in,  upon  and  along  Southport  avenue,  be- 
tween Clark  street  and  Clybourn  avenue,  in  the  city  of  Chicago,  with 
the  right  to  connect  with  other  street  railroad  tracks,  and  also  to  con- 
nect the  track  now  on  Halsted  street  with  the  track  now  on  Evanston 
avenue  where  the  same  crosses  Halsted  street,  and  to  operate  upon 
said  street  railroads,  hereby  authorized,  railway  cars  in  the  manner 
and  for  the  time  and  upon  the  conditions  herein  prescribed. 

If  2.  Power  to  be  used.]  § 2.  The  cars  to  be  used  on  said 
lines  of  railroad,  hereby  authorized,  may  be  propelled  and  operated 
by  any  motive  power  now  authorized  to  be  used  by  the  North  Chi- 
cago Street  Railroad  Company,  or  by  any  power  or  plan  which  may 
hereafter  be  authorized  by  the  city  council  of  the  city  of  Chicago. 

T 3.  Cable  or  electricity — construction,  conditions,  etc.]  § 3- 
In  case  said  company,  upon  the  line  hereby  authorized,  shall  use  cable 
power,  the  method  of  laying  and  constructing  such  cable  and  operat- 
ing the  same  shall  in  all  respects  be  the  same  and  be  governed  by  the 
same  conditions  and  limitations  as  provided  by  an  “ordinance  of  the 
city  council  of  the  city  of  Chicago,”  passed  June  7th,  1886,  authorizing 
said  company  to  use  cable  power.  Sections  3475  to  3477,  of  the  Com- 
piled Laws  and  Ordinances  of  the  city:  “And  in  case  said  company,  up- 
on the  line  hereby  authorized,  shall  use  electric  power  by  means  of  elec- 
tric overhead  contact  wires,  the  method  of  construction  and  operation 
shall  be  the  same  and  governed  by  all  the  conditions  and  limitations 
as  provided  in  an  ordinance  of  the  city  of  Chicago,  passed  April  30, 
1894,  authorizing  the  operation  by  electric  overhead  contact  wires  of 
certain  lines  of  the  North  Chicago  Street  Railroad  Company  and  the 
West  Chicago  Street  Railroad  Company.”  The  cars  or  carriages  to 
be  used  on  said  railway  lines,  hereby  authorized,  shall  be  used  for  no 
other  purpose  than  to  carry  passengers  and  their  ordinary  baggage; 
and  they  shall  be  kept  clean  and  well  lighted,  and  shall  be  heated  as 
hereinafter  provided. 

If  4.  Street  improvements,  repairs,  etc.]  § 4.  The  said 
North  Chicago  Street  Railroad  Company,  as  to  the  part  of  each  of 
said  streets  in  and  upon  which  its  said  railways  may  be  laid,  shall 
keep  sixteen  (16)  feet  in  width  in  good  condition  and  repair,  during 


1510 


STREET  RAILWAYS. 


[§  654 


all  the  time  to  which  the  privileges  hereby  granted  shall  extend,  in 
accordance  with  any  order  or  regulation  that  may  be  adopted  by  the 
city  council  in  relation  to  such  repairs;  and  when  any  new  improve- 
ments shall  be  ordered  in  any  part  of  said  streets,  or  either  of  them1, 
the  company  shall,  in  the  manner  which  may  be  required  of  the.  own- 
ers of  the  property  fronting  on  said  part  of  said  streets,  make  such 
improvements  for  the  width  of  sixteen  (16)  feet;  and,  if  said  company 
shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by  the  city,  and 
the  company  shall  be  liable  and  pay  the  cost  thereof. 

% 5.  Tracks — limitations— conditions,  etc.]  § 5.  The  tracks 
authorized  to  be  constructed  by  this  ordinance  shall  be  laid  and  com- 
pleted within  the  period  of  one  year  after  the  passage  and  acceptance 
of  this  ordinance.  If  said  company  shall  fail  to  complete  said  tracks 
within  said  time,  the  rights  and  privileges  hereby  granted  shall  cease 
and  determine;  Provided,  the  sewer  and  water  pipes  shall  have  been 
laid,  and,  if  not  yet  laid,  then  within  six  months  after  the  ground  over 
said  sewers  and  water  pipes  are  in  proper  condition  to  receive  said 
track;  and  Provided,  further,  that,  if  said  company  shall  be  restrained 
or  prevented  from  proceeding  with  the  work  upon  said  railways  by 
the  order  or  writ  of  any  court  of  competent  jurisdiction,  the  time  dur- 
ing which  said  company  may  be  so  delayed  shall  be  added  to  the  time 
herein  prescribed  for  the  completion  of  said  work.  The  city  of  Chi- 
cago shall,  however,  have  the  right  to  intervene  in  any  suit  for  an  in- 
junction to  restrain  the  said  company,  as  aforesaid,  and  move  for  the 
dissolution  of  said  injunction,  in  case  said  suit  shall  be  deemed  collus- 
ive, for  the  purpose  of  delay  or  extending  the  time  for  the  completion 
of  said  tracks. 

The  time  during  which  said  company  may  be  so  delayed  as  afore- 
said shall,  however,  be  reckoned  only  from  the  time  when  the  said 
company  shall  have  given  notice  to  the  corporation  counsel  of  the  city 
of  Chicago  of  the  institution  of  such  legal  proceedings  as  aforesaid. 
'‘Unless  said  company  shall  within  the  time  hereinabove  provided 
have  ready  and  in  operation  the  line  hereby  authorized,  the  city  of 
Chicago  shall  have  the  right  to  remove  all  tracks  and  other  obstacles 
placed  in  the  street  by  virtue  of  the  authority  granted  by  this  ordi- 
nance, and  the  said  company  shall  be  liable  to  the  city  for  the  expense 
of  such  removal.”  “When  the  right  of  said  railroad  company  to  op- 
erate its  railroad  on  said  street  shall  cease  and  determine  said  com- 
pany, shall  remove  the  tracks  from  the  said  part  of  said  street,  and  put 
said  part  of  the  street  from  which  said  tracks  shall  be'  removed  in  as 
good  condition  as  the  adjacent  part  of  said  street.” 

^ 6.  Fare,  transfer  tickets — police,  etc.,  ride  free  of  charge.] 
§ 6.  The  rate  of  fare  to  be  charged  upon  the  lines  of  railway  herein 
authorized  shall  be  five  (5)  cents  for  one  continuous  ride  either  way 
between  the  northern  terminus  of  Southport  avenue  and  Monroe 
street  and  Dearborn  street,  by  transfer  tickets  in  either  Lincoln  ave- 


§654] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1511 


nue  or  Clybourn  avenue.  The  city  police,  firemen  and  United  States 
letter  carriers  in  uniform  shall  be  carried  free  of  charge. 

IT  7.  Tracks,  how  laid.]  § 7.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid 
with  modern  improved  rails,  to  be  approved  by  the  mayor  and  com- 
missioner of  public  works,  and  in  such  a manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions  without  obstruction,  and  shall  be.  also,  laid  as  near 
the  center  of  the  street  as  practicable.  Section  1509  (§  I7°4-I897) 
the  Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  rail- 
road tracks  herein  authorized. 

If  8.  License  fee,  $50  per  car.]  § 8.  The  said  North  Chica- 
go Street  Railroad  Company  shall-  pay  into  the  city  treasury  of  the 
city  of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dollars, 
as  an  annual  license  fee,  for  each  and  every  car  used  by  said  company 
on  each  of  said  lines  herein  authorized,  in  the  manner  following:  In 

computing  the  number  of  cars  upon  which  said  license  charge  may  be 
imposed,  thirteen  round  trips  when  one  car  is  used  in  the  transporta- 
tion of  passengers  shall  be  taken  as  equivalent  to  one  day’s  use  of  the 
car;  one-thirteenth  of  such  round  trips  during  each  quarter  shall  be 
divided  by  the  number  of  days  in  such  quarter,  such  quotient  shall 
be  the  number  of  cars  subject  to  such  license  fee.  The  president  or 
other  chief  officer  of  said  company  shall,  under  oath,  make  report 
quarter-yearly,  to  the  comptroller  of  the  city  of  Chicago,  of  the  whole 
number  of  cars  so  run  by  said  company,  and,  at  the  same  time,  pay  to 
the  said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each  car, 
to  be  ascertained  as  above  prescribed  in  this  section.  The  first  quarter, 
as  to  each  line  of  railway,  shall  begin  upon  the  first  day  upon  which 
the  said  company  shall  run  a car  or  cars  for  the  carriage  of  passen- 
gers. 

1 9.  Heating  apparatus— running  time,  etc.]  § 9.  The  cars 
upon  the  lines  hereby  authorized  shall  be  provided  during  the  months 
of  November,  December,  January,  February  and  March  of  each  year 
^with  heating  apparatus  of  a kind  and  nature  which  shall  be  reasonably 
effective  in  raising  the  temperature  of  said  car  and  heating  the  same; 
and  said  apparatus  shall  be  operated  at  such  times  during  the  months 
aforesaid  as  the  nature  of  the  weather  and  the  degree  of  the  temper- 
ature shall  require.  And  the  cars  upon  said  tracks  herein  authorized 
to  be  laid  shall  be  run  at  such  intervals  as  may  be  necessary  to  ac- 
commodate the  public. 

IT  10.  Indemnity  required.]  § 10.  The  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago,  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs  and  ex- 
penses which  it  may  suffer,  or  which  may  be  recoverable  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges, 
or  for  or  by  reason  of,  or  growing  out  of  or  resulting  from,  the  ex- 


1512 


STREET  RAILWAYS. 


[§  654^2 


ercise  by  said  company  of  the  privileges  hereby  granted,  or  from  any 
act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by  vir- 
tue of  the  provisions  of  this  ordinance. 

If  11.  Bond.]  § 11.  The  North  Chicago  Street  Railroad 
Company  shall  execute  to  the  city  of  Chicago  a good  and  sufficient 
bond,  in  the  penal  sum  of  twenty-five  thousand  ($25,000)  dollars,  to  be 
approved  by  the  mayor,  for  the  faithful  observance  and  performance 
of  the  provisions  and  conditions  of  this  ordinance  on  its  part  to  be  ob- 
served and  performed  as  aforesaid. 

If  12.  When  to  take  effect.]  § 12.  This  ordinance  shall 
take  effect  and  be  in  force  as  soon  as  the  said  North  Chicago  Street 
Railroad  Company  shall  file  with  the  city  clerk  its  formal  acceptance 
of  the  same,  and  the  bond  as  herein  prescribed;  Provided,  however, 
that,  if  said  acceptance  and  bond  shall  not  be  filed  with  the  said  city 
clerk  as  aforesaid  within  sixty  (60)  days  from  the  passage  of  this  ordi- 
nance, this  ordinance  shall  be  void  and  of  no  effect. 

Note. — See  following  amendatory  ordinance. 

§ 654^.  North  Chicago  Street  Railroad  Company. 

1.  Letter  carriers  not  to  ride  free  of  charge. 

2.  When  to  take  effect. 

An  ordinance  amending  section  6 of  an  ordinance,  passed  May  7,  1894,  granting 
to  the  North  Chicago  Street  Railroad  company  the  right  to  construct  and 
maintain  a double  track  street  railroad  in  Southport  avenue,  between  Clark 
street  and  Clybourn  avenue.  (Passed  May  21,  1894.) 

1 1.  Letter  carriers  not  to  ride  free  of  charge.]  Be  it  or- 
dained by  the  city  council  of  the  city  of- Chicago:  § 1.  That  section 
6 of  an  ordinance  passed  by  the  city  council  of  the  city  of  Chicago 
on  the  7th  day  of  May,  A.  D.  1894,  granting  to  the  North  Chicago 
Street  Railroad  Company  the  right  to  construct  and  maintain  a double 
track  street  railroad  in  Southport  avenue,  between  Clark  street  and 
Clybourn  avenue,  in  the  city  of  Chicago,  be,  and  said  section  6 of 
said  ordinance  is  hereby  amended  by  striking  out  the  words,  “and 
United  States  letter  carriers,”  occurring  in  the  last  clause  of  said  sec- 
tion between  the  word  “firemen”  and  the  word  “in,”  and  inserting  the 
word  “and”  between  the  word  “police”  and  the  word  “firemen,”  oc- 
curring in  said  clause,  so  that  said  last  clause  in  said  section  6,  as 
hereby  amended,  shall  read  as  follows:  “The  city  police  and  firemen 
in  uniform^  shall  be  carried  free  of  charge.” 

«[[  2.  When  to  take  effect.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


§ 655] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1513 


§ 655.  North  Chicago  Street  Railroad  company. 

1.  Fullerton  avenue  extension. 

\ 2.  Tracks  requisite. 

\ 3.  Motive  power — kind  optional. 

][  4.  Cable  or  electricity — conditions — limitations  . 

1[  5.  Street  improvements,  repairs,  etc. 

f 6.  Restoration  of  street. 

7.  License  fee,  $50  per  car. 

8.  Cars  to  be  heated — running  time  to  accommodate,  etc. 

\ 9.  Indemnity. 

\ 10.  Bond. 

\ 11.  Fares,  transfer  tickets — police,  etc.,  ride  free  of  charge. 

12.  Limitation  as  to  time. 

13.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  North  Chicago  Street  Railroad  com- 
pany to  construct  and  operate  a railway  in  Fullerton  avenue  from  Lincoln  to 

Milwaukee  avenues.  (Passed  May  14,  1894.  Accepted  June  1,  1894.) 

1 1.  Fullerton  avenue  extension.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  Permission  and  authority  are 
hereby  granted  to  the  North  Chicago  Street  Railroad  Company,  its 
successors  and  assigns,  and  said  company  is  hereby  required,  to  lay 
down,  construct  and  operate,  for  the  period  of  twenty  years  from  the 
passage  hereof,  a double  track  street  railway,  with  all  necessary  and 
convenient  turnouts  and  switches,  in,  upon  and  along  Fullerton  ave- 
nue, commencing  at  the  intersection  of  Lincoln  avenue  with  said  Ful- 
lerton avenue,  and  thence  westerly  in  and  along  said  Fullerton  ave- 
nue to  Milwaukee  avenue,  with  the  right  to  connect  with  other  street 
railroads,  and  to  use  the  same  for  the  transportation  of  passengers 
and  their  ordinary  baggage. 

1 2.  Tracks  requisite.]  § 2.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  rails  and  in  such  a manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions  without  obstruction,  and  shall,  also,  be  laid  as  near  the  cen- 
ter of  the  street  as  practicable.  Section  1509  (§  1704-1897)  of  the 
Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railway 
tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory 
to  the  mayor  and  commissioner  of  public  works,  and  shall  be  laid 
under  their  direction. 

1 3.  Motive  power — kind  optional,]  § 3.  The  cars  to  be 
used  on  said  railway  may  be  operated  by  animal  power,  cable  or 
such  other  power  as  said  company  is  by  any  ordinance  of  the  city  of 
Chicago  now  authorized  to  use. 

1 4.  Cable  or  electricity— -conditions— limitations.]  § 4.  In 

case  said  company  upon  the  line  hereby  authorized  shall  use  cable 
power,  the  method  of  laying  and  constructing  such  cable  and  oper- 
ating the  same  shall  in  all  respects  be  the  same  and  be  governed  by 
the  same  conditions  and  limitations  as  provided  by  an  ordinance  of 


1514 


STREET  RAILWAYS. 


[§  655 


the  city  council  of  the  city  of  Chicago,  passed  June  7th,  1886,  author- 
izing said  company  to  use  cable  power.  Sections  3475  to  3477  of  the 
compiled  laws  and  ordinances  of  the  city.  And  in  case  said  company, 
upon  the  line  hereby  authorized,  shall  use  electric  power  by  means 
of  electric  overhead  contact  wires,  the  method  of  construction  and 
operation  shall  be  the  same  and  governed  by  all  the  conditions  and 
limitations  as  provided  in  an  ordinance  of  the  city  of  Chicago,  passed 
April  30th,  1894,  authorizing  the  operation  by  electric  overhead  con- 
tact wires  of  certain  lines  of  the  North  Chicago  Street  Railroad  Com- 
pany and  the  West  Chicago  Street  Railroad  Company. 

T 5.  Street  improvements,  repairs,  etc.]  § 5.  The  said  com- 
pany, as  to  the  parts  of  said  streets  in  and  upon  which  its  said  rail- 
way may  be  laid,  shall  pave  and  keep  sixteen  feet  in  width  in  good 
condition  and  repair,  during  all  the  time  to  which  the  privileges  here- 
by granted  shall  extend,  in  accordance  with  whatever  order,  ordinance 
or  regulation  may  be  passed  or  adopted  by  the  city  council  in  relation 
to  such  repairing;  and,  when  any  new  improvement  shall  be  ordered 
by  the  city  council  of  said  part  of  said  street,  the  said  railway  com- 
pany shall,  in  the  manner  which  may  be  required  of  the  owners  of  the 
property  fronting  on  said  part  of  said  street,  make  such  new  improve- 
ment for  the  width  of  sixteen  feet_;  and,  if  the  company  shall  refuse  or 
fail  so  to  do,  the  same  may  be  done  by  the  city,  and  the  company 
shall  be  liable  to  the  city  for  the  cost  thereof. 

If  6.  Restoration  of  street.]  § 6.  When  the  right  of  said 
railway  company  to  operate  its  railway  on  said  street  shall  cease  and 
determine,  said  company  shall  remove  the  tracks  from  the  said  part 
of  said  street,  and  put  the  said  part  of  the  street  from  which  said 
tracks  shall  be  removed  in  as  good  condition  as  the  adjacent  part  of 
said  street. 

IT  7.  License  fee,  $50  per  car.]  § 7.  The  said  North  Chica- 
go Street  Railroad  Company  shall  pay  into  the  city  treasury  of  the 
city  of  Chicago,  for  the  use  of  said  city,  the  sum  of  $50,  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company,  in  the  man- 
ner following:  In  computing  the  number  of  cars  upon  which  said 

license  charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is 
used  in  the  transportation  of  passengers,  shall  be  taken  as  equivalent 
to  one  day’s  use  of  the  car;  one-thirteenth  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter, 
such  quotient  shall  be  the  number  of  cars  subject  to  such  license  fee; 
Provided,  however,  that  such  cars  shall  not  already  be  liable  for  the 
payment  of  a license  fee  on  one  of  the  other  lines  of  this  company  or 
its  connections.  The  president  or  any  other  officer  of  said  company 
shall,  under  oath,  make  report  quarter-yearly,  to  the  comptroller  of 
the  city  of  Chicago,  of  the  whole  number  of  cars  so  run  by  said  com- 
pany, and,  at  the  same  time,  pay  to  said  comptroller  twelve  dollars 
and  a half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed 


§ 655]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1515 

in  this  section.  The  first  quarter  shall  begin  on  the  first  day  upon 
which  said  company  shall  run  a car  or  cars  for  the  carriage  of  pas- 
sengers. 

8.  Cars  to  be  heated— running  time  to  accommodate,  etc.] 

§ 8.  The  cars  upon  the  railway  hereby  authorized  shall  be  provided 
during  the  months  of  November,  December,  January,  February  and 
March  of  each  year  with  heating  apparatus,  of  a kind  and  nature  to  be 
selected  by  said  company,  which  shall  be  reasonably  effective  in  rais- 
ing the  temperature  in  said  cars  and  heating  the  same;. and  the  said 
apparatus  shall  be  operated  at  such  times  during  the  months  aforesaid 
as  the  need  of  the  weather  and  degree  of  temperature  shall  require, 
and  on  all  cars,  both  day  and  night.  And  the  cars  upon  said  tracks 
herein  authorized  to  be  laid  shall  be  run  at  such  intervals  as  may  be 
necessary  to  accommodate  the  public. 

9.  Indemnity.]  § 9.  The  company  shall  forever  indemnify 
and  save  harmless  the  city  of  Chicago  against  and  from  any  and  all 
legal  damages,  judgments,  decrees  and  costs  and  expenses  of  the 
same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privileges, 
or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from,  the  ex- 
ercise by  the  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

T 10*  Bond.]  § 10.  The  North  Chicago  Street  Railroad 
Company  shall  execute  to  the  city  of  Chicago  a good  and  sufficient 
bond,  in  the  penal  sum  of  $25,000,  to  be  approved  by  the  mayor,  con- 
ditioned for  the  faithful  observance  and  performance  of  the  provisions 
and  conditions  of  this  ordinance  on  its  part  to  be  performed  and  ob- 
served as  aforesaid. 

1 11.  Fares,  transfer  tickets— police,  etc.,  ride  free  of  charge.] 

§ 11.  The  rate  of  fare  shall  be  five  (5)  cents  for  any  distance  be- 
tween Monroe  street  and  the  terminus  of  the  line  hereby  authorized; 
and  passengers  upon  any  line  belonging  to  said  company  which  may 
connect  with  the  line  hereby  authorized  shall,  on  payment  of  one  cash 
fare,  be  entitled  to  be  transferred  from  one  line  to  the  other  at  the 
point  of  such  connection  without  additional  fare.  The  city  police  and 
firemen  in  uniform  shall  be  carried  free  of  charge. 

T 12.  Limitation  as  to  time.]  § 12.  The  tracks  authorized 
to  be  laid  and  operated  under  this  ordinance  shall  be  laid  within  one 
year  from  and  after  the  passage  of  this  ordinance;  Provided,  however, 
that  said  railroad  company  shall  not  be  required  to  lay  down  said 
tracks  and  construct  said  railroad  until  all  the  sewer  and  water  pipes 
and  their  connections  shall  have  been  laid  in  said  Fullerton  avenue; 
and,  in  event  said  sewer  and  water  pipes  and  their  connections  shall 
not  be  laid  until  after  the  expiration  of  said  period  fixed  herein  for 


1516 


STREET  RAILWAYS. 


[§  656 


the  laying  of  said  tracks,  then  said  tracks  shall  be  laid  within  six 
months  after  the  completion  of  the  work  of  laying  said  water  and 
sewer  pipes  and  their  connections.  If  said  company  shall  be  restrained 
or  prevented  from  proceeding  with  the  work  upon  said  railway  by  the 
order  or  writ  of  any  court  of  competent  jurisdiction,  the  time  during 
which  said  company  may  be  so  delayed  shall  be  added  to  the  time 
herein  prescribed  for  the  completion  of  said  work.  The  city  of  Chi- 
cago shall,  however,  have  the  right  to  intervene  in  any  suit  for  an  in- 
junction to  restrain  the  said1  company,  as  aforesaid,  and  move  for  a 
dissolution  of  said  injunction.  The  time  during  which  said  company 
may  be  so  delayed  as  aforesaid  shall,  however,  be  reckoned  only  from 
the  time  when  the  said  company  shall  have  given  notice  to  the  cor- 
poration counsel  of  the  city  of  Chicago  of  the  institution  of  such  legal 
proceedings  as  aforesaid.  Unless  said  company  shall  within  the  time 
herein  above  provided  have  ready  and  in  operation  the  line  hereby 
authorized,  the  city  of  Chicago  shall  have  the  right  to  remove  all 
tracks  and  other  obstacles  placed  in  the  street  by-  virtue  of  the  author- 
ity granted  by  this  ordinance,  and  the  said  company  shall  be  liable 
to  the  city  for  the  expense  of  such  removal.  ' 

T 13.  When  to  take  effect.]  § 13.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval  by  the 
mayor  and  filing  of  the  bond  and  acceptance  as  herein  prescribed; 
Provided,  however,  that,  if  said  acceptance  and  bond  shall  not  be 
filed  as  aforesaid  within  sixty  (60)  days  of  the  passage  hereof,  then 
all^  the  rights  and  privileges  herein  granted  to  said  North  Chicago 
Street  Railroad  Company  shall  be  void  and  of  no  effect. 

§ 656.  North  Chicago  Street  Railroad  company. 

TT  1.  Route  of  pipe  line. 

2.  Maps  or  plans  showing  location  to  be  filed. 

3.  Conditions. 

4.  When  to  take  effect — filing  of  acceptance  and  bond. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  lay  a 
pipe  line  from  company’s  gas  house  to  car  house.  (Passed  October  15,  1894. 
Accepted  November  3,  1894.) 

IT  1.  Route  of  pipe  line.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  are 
hereby  granted  to  the  North  Chicago  Street  Railroad  Company  to 
lay  a line  of  pipe,  not  exceeding  two  inches  in  diameter,  in  and  along 
the  streets  and  alleys  in  the  city  of  Chicago  designated  as  follows: 
Beginning  at  the  gas  house  of  said  company  on  Larrabee  street,  be- 
tween Center  street  and  Garfield  avenue,  such  line  shall  be  laid  in  Lar- 
rabee street  or  in  alleys  near  thereto;  thence  extending  in  a northerly 
direction  to  Fullerton  avenue;  thence  in  a westerly  direction  on  Ful- 
lerton avenue  or  the  alleys  near  thereto  to  Orchard  street;  thence  in  a 
northerly  direction  in  Orchard  street  or  the  alleys  near  thereto  to 


§ 656]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1517 

Wrightwood  avenue;  thence  in  a westerly  direction  in  Wrightwood 
avenue  or  the  alleys  near  thereto  to  said  company’s  Lincoln  avenue 
power  house  and  station,  with  a branch  line  extending  from  a point 
at  or  near  the  intersection  of  Orchard  street  with  Wrightwood  avenue, 
in  a northerly  direction  in  Orchard  street  or  the  alley  near  thereto  to 
Sherman  place;  thence  easterly  in  Sherman  place  across  the  alley  in 
the  rear  of  the  company’s  car  house  on  North  Clark  street.  Whether 
on  any  particular  part  or  portion  of  the  said  route,  the  pipes  shall  be 
laid  in  alleys  or  streets  shall  be  determined  by  the  commissioner  of 
public  works  whose  duty  it  shall  be  to  require  the  same  to  be  laid  in 
allej's  whenever  fairly  practicable. 

T 2.  Maps  or  plans  showing  location  to  be  filed.]  § 2. 
When  application  is  made  by  said  company  for  a permit  for  excava- 
ting in  any  street  or  alley,  the  commissioner  of  public  works  shall  re- 
quire said  company  to  file  with  him  a map  or  plan  showing  the  precise 
location  in  such  streets  or  alleys  of  all  such  excavations  for  his  ap- 
proval. After  the  approval  of  stich  map  or  plan,  and  before  any  per- 
mit shall  be  issued,  the  said  company  shall  deposit  with  the  commis- 
sioner of  public  works  a sum  of  money  equal  to  the  cost  of  restoring 
any  street  or  alley  in  which  such  excavation  is  made  to  its  former 
condition  and  the  cost  to  the  city  of  the  supervision  and  inspection 
thereof,  according  to  an  estimate  thereof  to  be  made  by  said  commis- 
sioner, which  sum  of  money  shall  be  returned  to  said  company  when 
such  work  of  restoration  is  completed  to  his  satisfaction,  and  the  cost 
of  supervision  and  inspection  thereof  is  paid.  But  notwithstanding 
the  receipt  and  return  of  such  deposit  the  said  company  shall  be  liable 
to  remedy  any  and  all  defects  or  omissions  in  the  work  of  complete 
restoration  of  any  such  street  or  alley  which  may  be  discovered  at  any 
time  within  one  year  after  such  work  is  completed.  The  work  au- 
thorized by  this  ordinance  shall  be  done  under  the  supervision  of  the 
commissioner  of  public  works,  and  subject  to  the  existing  ordinances 
of  the  city,  and  the  cost  to  the  city  of  supervising  and  inspecting  the 
same  shall  be  borne  by  said  company. 

*[f  3.  Conditions.]  § 3.  The  privilege  and  authority  hereby 
given  are  upon  the  following  express  conditions: 

First — That  the  right  to  maintain  the  pipe  line  herein  authorized 
shall  absolutely  cease  and  determine,  without  any  act  on  the  part  of 
the  city,  upon  the  expiration  of  the  present  franchises  of  said  com- 
pany to  operate  a street  railroad  on  the  streets  herein  named. 

Second — That  the  pipes  hereby  authorized  to  be  laid  shall  be  used 
for  no  other  purpose  than  for  lighting  with  gas  the  street  cars  of  said 
company.  Upon  any  breach  of  this  condition  the  rights  hereby  con- 
ferred shall  absolutely  cease  and  determine,  without  any  act  on  the 
part  of  the  city. 

Third — That  the  work  hereby  authorized  shall  be  completed  within 
one  year  from  the  date  of  the  taking  effect  of  this  ordinance,  and  all 


1518 


STREET  RAILWAYS.  [§  637 

right  to  do  any  of  the  said  work  shall  then  cease  and  determine,  with- 
out any  act  on  the  part  of  the  city. 

Provided,  that  the  time,  after  notice  by  the  company  to  the  cor- 
poration counsel  of  the  city  of  the  pendency  thereof,  during  which  any 
legal  proceedings  shall  be  pending  whereby  said  company  shall  be 
hindered,  prevented  or  delayed  from  carrying  on  the  same,  shall  be 
excluded  from  the  computation  of  such  time 

The  city  shall  have  the  right  to  intervene  in  any  such  legal  pro- 
ceedings, with  all  the  rights  of  a party  thereto. 

Fourth — That  within  twenty  days  from  the  passage  of  this  ordi- 
nance the  said  company  shall  file  a written  acceptance  thereof  with 
the  city  clerk,  and  shall  within  said  time  file  with  said  clerk  a bond 
in  the  penal  sum  of  five  thousand  dollars,  payable  to  the  city  of  Chi- 
cago, with  sureties  to  be  approved  by  the  mayor,  conditioned  that  it 
will  observe,  perform  and  carry  out  all  the  provisions  of  this  ordinance 
and  such  general  ordinances  as  have  been  heretofore  passed,  or  that 
may  hereafter  be  passed,  and  that  it  will  indemnify  the  city  against 
and  from  any  and  all  damages,  judgments,  decrees,  costs,  expenses 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  city,  for  or  by  reason  or  growing  out  of,  or  resulting  from,  tne 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  privileges,  or  any  of 
them,  hereby  granted,  or  from  any  act  or  acts  of  the  said  company 
under  and  by  virtue  of  the  provisions  hereof. 

1 4.  When  to  take  effect— filing  of  acceptance  and  bond.] 
§ 4.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
the  filing  of  the  acceptance  and  bond  within  the  time  hereinbefore 
limited,  and,  if  the  said  acceptance  and  bond  shall  not  be  so  filed,  then 
this  ordinance  shall  be  void  and  of  no  effect. 

§ 657.  North  Chicago  Street  Railroad  company. 

IT  1.  Indiana  street  extension. 

11  2.  Tracks  requisite. 

If  3.  Street  improvement  and  repairs. 

IT  4-  Time  limited. 

Hi  5.  Motive  power  optional — conditions,  etc. 

If  6.  Metallic  return  circuits,  guard  wires,  etc. 

IT  7.  Cars  of  best  style — heating. 

If  8.  Indemnity  bond,  etc. 

IT  9.  License  fees.  etc. 

IT  10.  Fares,  transfers,  etc. 

IT  11.  Trolley  wires  and  use  of  cable  tracks — restrictions. 

it  12.  Attaching  wires  to  elevated  road  structures. 

it  13.  Franchise  for  20  years. 

IT  14.  When  to  take  effect. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  to  lay 
tracks  on  Indiana  street,  from  State  street  to  the  river,  and  on  Grand  avenue 
from  the  river  to  Halsted  street.  (Passed  February  4,  1895.  Accepted  Feb- 
ruary 28,  1895.) 

T 1.  Indiana  street  extension.]  Be  it  ordained  by  the  city 


§ 6S7] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1519 


council  of  the  city  of  Chicago:  § i.  In  consideration  of  the  under- 
taking by  the  North  Chicago  Street  Railroad  Company  to  comply 
with  the  provisions  herein  contained,  permission  and  authority  are 
hereby  granted  to  said  company,  its  successors  and  assigns,  to  lay 
down,  maintain  and  operate  a single  or  double  track  street  railroad, 
with  all  the  necessary  and  convenient  turnouts,  side  tracks  and 
switches,  from  State  street  in  and  along  Indiana  street,  and  across  In- 
diana street  bridge  to  the  west  side  of  the  north  branch  of  the  Chi- 
cago river;  and  thence  westerly  in  and  along  Grand  avenue  to  Hal- 
sted  street,  in  the  city  of  Chicago;  and  to  connect,  at  any  and  all  street 
intersections,  any  track  or  tracks  hereby  authorized  to  be  laid,  with 
the  track  or  tracks  of  any  railroad  owned,  leased  or  operated  by  said 
company  or  any  other  company;  and  also  permission  to  connect  the 
tracks  located  at  the  intersection  of  State  street  with  Lake  street,  and 
operated  by  the  North  Chicago  Street  Railroad  Company,  with  the 
tracks  at  said  intersection  belonging  to  the  Chicago  West  Division 
Railway  Company. 

IT  2.  Tracks  requisite.]  § 2.  The  tracks  of  said  railway  com- 
pany shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be 
constructed  with  modern  improved  rails,  and  so  laid  that  vehicles 
may  freely  and  safely  cross  the  said  tracks;  and  when  two  tracks  are 
laid  in  the  same  street,  the  said  tracks  shall  be  laid  parallel  as  near  as 
practicable.  Section  1509  (§  1704-1897)  of  the  Municipal  Code  of 
Chicago  of  1881  shall  not  apply  to  the  railroad  tracks  herein  au- 
thorized. 

T 3.  Street  improvement  and  repairs.]  § 3.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
shall  be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall 
be  laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid, 
in  good  condition  and  repair  during  all  of  the  time  to  which  the  priv- 
ileges hereby  granted  shall  extend,  in  accordance  with  such  ordinances 
or  regulations  as  shall  be  passed  or  adopted  by  the  city  council  in  re- 
lation to  such  repairing,  and,  when  any  new  improvement  shall  be 
ordered  by  the  city  council  of  said  part  of  said  street,  said  railway 
company  shall,  in  the  manner  which  may  be  required  of  the  owners 
of  property  fronting  on  said  part  of  said  street,  make  such  new  im- 
provements for  the  width  of  eight  feet  where  a single  track  shall  be 
laid,  and  of  sixteen  feet  where  a double  track  shall  be  laid,  and,  if  said 
company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by  the 
city,  and  the  company  shall  be  liable  to  the  city  for  the  cost  thereof; 
Provided,  however,  that  said  company  shall  pay  to  the  owner  or  own- 
ers of  property  abutting  on  streets  where  such  tracks  shall  be  laid  the 
cost  of  improvement  of  eight  feet  in  width  where  a single  track  shall 
be  laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid, 
on  all  such  streets  that  have  been  improved  within  the  past  year. 

4.  Time  limited.]  § 4.  The  railway  hereby  authorized  shall 


1520 


STREET  RAILWAYS. 


[§  657 


be  completed  within  twelve  months  after  the  passage  of  this  ordi- 
nance, not  counting  the  months  of  December,  January,  February  and 
March;  Provided,  if  said  company  shall  be  delayed  by  the  order  of  in- 
junction of  any  court,  the  time  of  such  delay  shall  be  deducted  from 
the  time  above  prescribed. 

1 5.  Motive  power  optional— conditions,  etc.]  § 5.  The 

cars  may  be  operated  by  electric  power,  or,  in  case  of  emergency, 
change  or  improvement  in  method,  by  any  power  said  company  may 
have  the  authority  to  operate  its  cars  with  under  any  ordinance  or 
ordinances  of  the  said  city  of  Chicago.  If  electric  power  shall  be  used 
by  means  of  overhead  contact  wires,  such  overhead  wires,  together 
with  the  necessary  feed  wires,  may  be  suspended  from  poles  set  within 
the  curb  limits  of  the  street  on  either  side  thereof,  or  from  bracket 
poles  in  the  center  of  the  street  along  said  line  of  route,  the  placing 
of  said  poles  to  be  determined  by  the  mayor  and  commissioner  of 
public  works,  and  said  poles  to  be  of  ornamental  iron  or  steel,  and  of 
such  construction  and  design  as  the  mayor  and  commissioner  of  pub- 
lic works  may  approve.  Said  poles  and  feeder  wires  shall  be  sus- 
pended not  less  than  eighteen  and  a half  (1854)  feet  above  the  rails, 
and  the  said  poles  and  supports  shall  be  placed  on  an  average  of  not 
less  than  one  hundred  and  fifteen  (115)  feet  apart.  No  poles  shall  be 
set  at  the  intersection  of  streets  and  alleys.  Such  poles  and  wires  to 
be  erected  and  maintained  for  the  purpose  of  supplying  electric  cur- 
rent which  can  be  used  for  power,  heat  and  light  purposes;  and  with 
the  right  to  connect  the  wires  herein  authorized  with  the  generator  or 
power  station,  or  any  station  or  car  house  in  connection  with  said 
railroad  or  railroads,  or  with  any  power  house  or  station  along  any 
line  or  lines  of  railroad  of  said  company  used  by  it  in  connection  with 
its  cable,  horse  or  electric  system  and  said  company  may  convey  said 
wires  from  such  power  house  or  station  to  the  line  of  wires  hereby  au- 
thorized, upon  poles  placed  upon  or  along  the  alleys  of  the  city,  or, 
whenever  in  the  judgment  of  the  commissioner  of  public  works  it  shall 
be  impracticable  to  place  such  poles  in  alleys,  he  may,  for  the  purpose 
above  mentioned,  permit  to  be  placed  in  streets  ornamental  iron  or 
steel  poles  of  such  design  ana  construction  as  he  may  approve;  or 
said  company  may,  if  the  mayor  and  commissioner  of  public  works 
consent  thereto,  convey  said  connecting  wires  in  an  underground  con- 
duit through  the  streets  or  alleys  of  the  city  of  Chicago,  which  conduit 
shall  be  used  by  the  company  for  the  purposes  herein  set  forth  only. 

Before  making  any  excavation,  or  in  any  wise  interfering  with 
the  surface  of  any  street  or  alley,  said  company  shall  obtain  from  the 
commissioner  of  public  works  a permit  therefor,  and  shall  deposit 
with  the  treasurer  of  the  city  of  Chicago  a sum  sufficient  to  cover  the 
cost  of  restoring  such  street  or  alley  according  to  an  estimate  of  the 
probable  cost  thereof,  to  be  made  by  the  commissioner  of  public  works 
in  each  case. 


§«57] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1521 


All  wires  and  conductors  for  the  transmission  of  electricity  in  or 
along  any  street  shall  be  constructed  in  a substantial  and  workman- 
like manner,  and  under  the  supervision  of  the  commissioner  of  pub- 
lic works,  so  as  to  interfere  as  little  as  possible  with  the  public  travel. 

1 6.  Metallic  return  circuits,  guard  wires,  etc.]  § 6.  Said 
company  shall  establish  and  maintain  a metallic  return  circuit  con- 
ductor, independent  of  the  rails,  upon  all  the  lines  of  street  railroad 
hereby  authorized  to  be  operated  by  electric  overhead  contact  wires. 

Wherever  other  lines  of  wires  cross  the  wires  to  be  strung  by  vir- 
tue of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires 
or  other  suitable  mechanical  device,  as  may  be  directed  by  the  com- 
missioner of  public  works. 

1 7.  Cars  of  best  style— heating.]  § 7.  The  cars  to  be  used 
shall  be  of  the  best  style  and  class,  and  shall  be  used  for  the  transporta- 
tion of  passengers  or  their  ordinary  baggage,  and  shall  be 
provided  during  the  months  of  November,  December,  January,  Feb- 
ruary and  March,  in  each  year,  with  heating  apparatus  of  the  kind 
and  nature  which  shall  be  reasonably  effective  in  raising  the  tempera- 
ture of  such  car  and  heating  the  same;  which  said  heating  apparatus 
shall  be  operated  at  such  times  during  said  months  aforesaid  as  the 
nature  of  the  weather  shall  require. 

1 8.  Indemnity  bond,  etc.]  § 8.  Said  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  and  expenses  which 
said  city  may  suffer,  or  which  may  be  recovered  or  obtained  against 
ing  from  the  exereeise  by  said  company  of  the  privileges  hereby 
conferred  upon  it,  or  for  or  by  reason  of  or  growing  out  of  or  result- 
ing from  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance.  And 
said  company  shall,  within  the  time  limited  for  the  acceptance  of  this 
ordinance,  file  with  the  city  clerk  a bond  to  the  city  of  Chicago  in  the 
penal  sum  of  fifty  thousand  dollars  ($50,000),  with  sureties  to  be  ap- 
proved by  the  mayor  of  the  city  of  Chicago,  conditioned  for  the  faith- 
ful performance  and  observance  by  said  company  of  all  the  conditions 
and  provisions  of  this  ordinance. 

T 9.  License  fees,  etc.]  § 9.  The  said  North  Chicago  Street 
Railroad  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dollars,  as  an  an- 
nual license  fee,  for  each  and  every  car  used  by  said  company,  in  the 
manner  following:  In  computing  the  number  of  cars  upon  which 

said  license  charge  may  be  imposed,  thirteen  round  trips,  when  the 
car  is  used  in  the  transportation  of  passengers,  shall  be  taken  as  equiv- 
alent to  one  day’s  use  of  one  car;  one-thirteenth  (1-13)  of  such  round 
trips  during  each  quarter  shall  be  divided  by  the  number  of  days  in 

96 


1522 


STREET  RAILWAYS. 


[§  657 


such  quarter;  such  quotient  shall  be  the  number  of  cats  subject  to  li- 
cense fee;  Provided,  however,  that  such  cars  shall  not  already  be 
liable  for  the  payment  of  a license  fee  on  one  of  the  other  lines  of  this 
company  or  its  connections.  The  president  or  other  chief  officer  of 
said  company  shall,  under  oath,  make  report  quarter-yearly  to  the 
comptroller  of  the  city  of  Chicago  of  the  whole  number  of  cars  so 
run  by  said  company,  and  at  the  same  time  pay  to  said  comptroller 
twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  ascertained  as 
above  prescribed  in  this  section.  The  first  quarter  shall  begin  on  the 
first  day  upon  which  said  company  shall  run  a car  or  cars  on  said  rail- 
way for  the  carriage  of  passengers. 

1 10.  Fares,  transfers,  etc.]  § 10.  The  rate  of  fare  for  one 
continuous  ride  shall  be  five  (5)  cents  for  each  passenger  on  each  line 
of  said  railway  hereby  authorized;  Provided,  that  the  North  Chicago 
Street  Railroad  Company  shall  so  arrange  with  the  West  Chicago 
Street  Railroad  Company  that  the  passengers  on  the  said  last  named 
company’s  line  on  Grand  avenue  may  ride  to  the  southern  terminus 
of  said  line  for  one  fare,  and  passengers  going  west  on  said  Indiana 
street  line  may  ride  to  the  western  terminus  of  said  West  Chicago 
Street  Railroad  Companv’s  line  on  Grand  avenue  for  one  fare;  and 
Provided,  further,  that  policemen  and  firemen  in  uniform  shall  be 
carried  free  of  charge. 

1 11.  Trolley  wires  and  use  of  cable  tracks— restrictions.] 

§ 11.  Permission  and  authority  are  also  hereby  granted  to  said  com- 
pany to  operate  its  electric  cars  by  overhead  contact  wires  over  and 
along  any  part  or  parts  of  its  cable  tracks  so  far  as  may  be  necessary 
in  order  to  connect  its  electric  line  in  any  street  with  its  electric  line 
in  any  other  street.  This  permission  is  granted  merely  and  only 
for  the  purpose  of  enabling  the  said  company  to  use  its  cable  tracks 
for  making  a circuit  or  perfecting  a line  or  route  which  shall  require 
the  cars  to  use  the  cable  tracks  in  making  a proper  and  direct  con- 
nection, and  shall  not  be  suffered  or  permitted  to  be  so  construed  as 
to  permit  the  use  of  cable  tracks  by  electric  cars  in  any  way  or  manner 
which  will  tend  to  supersede  the  use  of  cable  cars  or  lines  by  elec- 
tricity. 

It  is  also  expressly  understood  and  declared  that,  before  any  cable 
track  shall  be  used  by  said  company  for  the  operation  thereon  of  elec- 
tric cars,  it  shall  file  with  the  commissioner  of  public  works  a plan 
showing  specifically  the  line  of  cable  tracks  which  it  is  intended  to  use 
by  means  of  electrical  appliances,  and  from  and  in  connection  with 
which  it  must  appear  that  such  use  of  cable  tracks  by  electrical  appli- 
ances is  not  intended  to  and  will  not  have  the  effect  to  supersede  or 
interfere  with  the  full  use  of  such  cable  tracks  by  cable  cars  by  the 
substitution  of  electric  cars  therefor  and  thereon. 

It  is  further  understood  and  declared  that  no  overhead  wires  shall 
at  any  time  be  erected  or  run  over  the  cable  tracks  located  in  any 


§658] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1523 


streets  or  parts  of  streets  within  the  district  bounded  by  the  Chicago 
river  on  the  north  and  the  south  branch  of  the  Chicago  river  on  the 
west. 

1 12.  Attaching  wires  to  elevated  road  structures.]  § 12. 

Permission  and  authority  are  also  hereby  granted  to  said  company 
to  place  and  attach  overhead  wires  to  and  beneath  any  elevated  rail- 
road structure  in  any  street  where  said  company  shall  operate  an  elec- 
tric railroad,  upon  obtaining  consent  from  the  elevated  railroad  com- 
pany to  attach  such  overhead  wires;  and  to  construct  and  operate 
over  and  across  any  bridge  or  bridges,  and  to  the  end  of  the  farther 
approach  to  such  bridge  or  bridges,  any  electric  line  of  street  railroad 
in  any  street  leading  to  any  such  bridge  or  bridges. 

1 13.  Franchise  for  20  years.]  § 13.  All  the  rights  and 
privileges  hereby  granted  to  and  conferred  upon  the  said  North  Chi- 
cago Street  Railroad  Company,  its  successors  and  assigns,  or  in- 
tended so  to  be,  shall  continue  and  be  in  force  for  the  full  term1  and 
period  of  twenty  (20)  years  from  and  after  the  passage  of  this  ordi- 
nance. But  it  is  expressly  understood  and  declared  that  none  of  the 
provisions  of  this  ordinance  shall  be  construed  or  operate  to  in  any 
manner  extend  the  life  or  term  of  any  of  the  existing  ordinances  m 
which  the  said  North  Chicago  Street  Railroad  Company  is  any  man- 
ner interested. 

1 14.  When  to  take  effect.]  § 14.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  acceptance,  and 
the  filing  of  the  bond  herein  above  provided  for  within  thirty  (30)  days 
after  the  passage  thereof;  otherwise  this  ordinance  shall  be  void  and 
of  no  effect. 

§ 658.  North  Chicago  Street  Railroad  company. 

IT  1.  Southport  avenue  extension. 

•jt  2.  Limitation  and  conditions. 

IT  3.  Paving,  funds  for. 

TT  4-  When  to  take  effect. 

An  ordinance  granting  authority  to  the  North  Chicago  Street  Railroad  company 
to  lay  down  and  operate  tracks  on  Southport  avenue  between  Lincoln  ave- 
nue and  Cly bourn  place.  (Passed  March  n,  1895.  Accepted  March  18 
1895.) 

1 1.  Southport  avenue  extension.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  Whereas,  it  is  necessary  that  the 
street  railway  in  Southport  avenue,  between  Clark  street  and  Lincoln 
avenue,  should  be  so  extended  as  to  provide  better  accommodations 
for  the  residents  in  that  territory:  Now,  therefore,  the  North  Chi- 

cago Street  Railroad  Company  is  hereby  ordered  and  directed  to  ex- 
tend its  railway  line  in  Southport  avenue,  and  to  that  end,  and  in  con- 
sideration of  the  acceptance  hereof,  permission  and  authority  are 
hereby  granted  to  the  North  Chicago  Street  Railroad  Company,  its 


1524 


STREET  RAILWAYS. 


[§  659 


successors  and  assigns,  to  lay  down,  construct,  maintain  and  operate 
for  the  period  of  twenty  (20)  years  from  and  after  May  twenty-first 
(21st),  1894,  a double  track  street  railroad,  with  all  necessary  and  con- 
venient turnouts,  side  tracks  and  switches,  in,  upon  and  along  South- 
port  avenue,  between  Lincoln  avenue  and  Clybourn  place,  in  the  city 
of  Chicago,  with  the  right  to  connect  with  other  street  railroad  tracks, 
and  also  to  connect  with  the  tracks  now  in  said  Southport  avenue,  at 
the  intersection  of  Lincoln  avenue,  and  to  operate,  upon  said  railroad 
hereby  -authorized,  railway  cars. 

T 2.  Limitation  and  conditions.]  § 2.  The  street  railroad 
hereby  directed  and  authorized  to  be  constructed,  operated  and  main- 
tained shall  be  completed  within  the  period  of  one  (1)  year  after  the 
passage  of  this  ordinance,  and  all  the  grants,  powers,  privileges,  rights 
and  immunities  conferred  upon,  and  all  duties  and  obligations  required 
of,  the  North  Chicago  Street  Railroad  Company,  in  and  by  a certain 
ordinance  passed  May  7th,  1894,  granting  to  the  North  Chicago  Street 
Railroad  Company  the  right  to  construct  and  maintain  a double  track 
street  railroad  in  said  Southport  avenue,  and  the  ordinance  amenda- 
tory thereof,  passed  May  21st,  1894,  are  hereby  conferred  upon,  and 
required  of,  the  said  North  Chicago  Street  Railroad  Company,  in  the 
construction,  operation  and  maintenance  of  the  railroad  hereby  au- 
thorized, as  fully  and  effectually,  to  all  intents  and  purposes,  as.  if  all 
of  the  grants,  powers,  privileges,  rights  and  immunities  conferred 
by  the  said  ordinances  of  May  7th  and  May  21st,  1894,  and  all  of  the 
said  duties  and  obligations  imposed  by  the  said  last  named  ordinances 
had  been  specifically  incorporated  into  this  ordinance. 

1 3.  Paving,  funds  for.]  § 3.  The  North  Chicago  Street 
Railroad  Company  shall  refund  to  the  petitioning  property  owners 
abutting  on  said  street  an  amount  of  money  equal  to  the  value  of  the 
paving  of  the  sixteen  feet  of  street  occupied  by  their  tracks,  between 
Lincoln  avenue  and  Fullerton  avenue;  and  between  Fullerton  avenue 
and  Clybourn  place  the  said  North  Chicago  Street  Railroad  Company 
shall  pave  the  street  from,  curb  to  curb. 

% 4.  When  to  take  effect.]  § 4.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  and  the  filing  of  the 
bond  and  acceptance,  as  prescribed  in  the  said  ordinance  of  May 
7th,  1894. 

g 659.  North  Chicago  Street  Railroad  company. 

1.  Loop  extension. 

2.  Term  of  grant — bond,  etc. 
if  3.  When  to  take  effect. 

An  ordinance  granting  permission  to  the  North  Chicago  Street  Railroad  company 
to  construct  a loop  in  alleys  between  Clark  and  Orchard  streets  and  Sher- 
man place.  (Passed  February  24,  1896.  Accepted  March  5,  1896.) 

IT  1.  Loop  extension.]  Be  it  ordained  by  the  city  council  of 


66  o] 


NORTH  CHICAGO  STREET  RAILROAD  COMPANY. 


1525 


the  city  of  Chicago:  § I.  That  permission  and  authority  are  hereby 
granted  to  the  North  Chicago  Street  Railroad  Company,  its  succes- 
sors and  assigns,  to  construct,  maintain  and  operate  a single  or  double 
track  street  railway  in,  along  and  upon  that  part  of  the  first  public 
alley  lying  west  of  Clark  street  and  between  said  Clark  street  and  Or- 
chard street,  and  which  said  alley  runs  thence  northerly  from  Sher- 
man place  and  intersects  at  its  northern  end  another  alley  which  runs 
westerly;  the  said  railway  to  begin  at  the  north  end  of  th'e  said  first 
mentioned  public  alley,  and  from  thence  run  in  a southerly  direction 
in  and  along  said  first  mentioned  alley  a distance  of  ninety  (90)  feet. 
It  being  intended  hereby  to  grant  unto  the  said  railroad  company  the 
right  to  extend  its  present  railway  line  from  its  present  terminus  at  the 
north  end  of  said  first  mentioned  public  alley,  in  and  along  the  said 
first  mentioned  public  alley  southerly  a distance  of  ninety  (90)  feet, 
in  order  that  said  railroad  company  may  construct  and  operate  a loop 
line  by  means  of  such  extension  of  its  present  railway  line  at  that 
point. 

T 2.  Term  of  grant — bond,  etc.]  § 2.  The  permission  and 
authority  hereby  granted  shall  be  for  the  term  of  twenty  (20)  years 
from  and  after  the  passage  and  approval  of  this  ordinance;  Provided, 
however,  the  said  railroad  company  shall  within  thirty  (30)  days  after 
the  passage  and  approval  of  this  ordinance  file  with  the  city  clerk  its 
bond  in  the  sum  of  five  thousand  ($5,000)  dollars,  and  shall  also  at  the 
same  time  file  with  the  said  city  clerk  an  acceptance  in  writing  of  this 
ordinance. 

1 3.  When  to  take  effect.]  § 3.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

§ 660.  North  Chicago  Street  Railroad  company. 

TT  i-  Electricity  as  motive  power — limitation  as  to  district  in  which 
to  operate. 

TT  2.  Construction — wires,  poles,  etc. 

Hi  3.  Changes  necessary  may  be  made. 

4.  Indemnity. 

Hi  5.  Franchise  limited. 

H[  6.  Bond. 

Hi  7.  When  to  take  effect — payment  of  $75,000. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  and  the 

West  Chicago  Street  Railroad  company  to  substitute  electricity  as  the  motive 

power  on  all  lines  operated  in  the  south  division.  (Passed  July  27,  1896. 

Accepted  by  each  company  August  1,  1896.) 

IF  1.  Electricity  as  motive  power— limitation  as  to  district  in 
which  to  operate.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago  : § 1.  That  in  consideration  of  the  acceptance  hereof  and 
the  undertaking  by  the  North  Chicago  Street  Railroad  Company  and 
the  West  Chicago  Street  Railroad  Company,  their  successors  and 
assigns,  respectively,  to  comply  with  the  provisions  herein  contained, 


1526 


STREET  RAILWAYS. 


permission  and  authority  are  hereby  granted  to  the  said  companies 
respectively,  and  their  successors  and  assigns,  to  use  and  operate  their 
respective  railway  lines  with  electricity  as  a motive  power,  in  and 
along  each  and  all  of  the  streets  and  avenues  in  the  south  division  of 
the  city  of  Chicago,  that  is  to  say:  To  the  North  Chicago  Street  Rail- 
road Company  permission  and  authority  are  hereby  given  to  use  elec- 
tricity as  a motive  power  for  the  operation  of  its  cars  in  and  along 
each  and  all  of  the  streets  and  avenues  in  and  along  which  the  said 
company  last  named  is  now  operating  a street  railroad  by  horse  power, 
and  to  the  same  extent;  and  to  the  said  West  Chicago  Street  Rail- 
road Company  like  permission  and  authority  to  operate  its  cars  in 
and  along  each  and  all  the  streets  and  avenues  in  and  along  which  the 
said  last  named  company  is  now  operating  a street  railway  by  horse 
power,  and  to  the  same  extent.  It  being  intended  by  this  section  to 
grant  unto  each  of  said  corporations  permission  and  authority  to 
change  its  motive  power  from  horse  power  and  to  substitute  therefor 
electricity  in  and  along  each  and  all  streets  and  avenues  in  the  south 
division  of  the  city  of  Chicago  south  of  the  main  branch  of  the  Chi- 
cago river  and  east  of  the  south  branch  of  said  river,  in  which  the  said 
corporations  or  either  of  them  are  now  operating  a street  railway  oy 
horse  power. 

Provided,  That  the  permission  and  authority  hereby  granted  to 
the  above-named  companies  shall  not  be  construed  as  granting  per- 
mission or  authority  to  the  said  companies  to  operate  any  cars  with 
electric  overhead  contact  wires  upon  any  portion  of  Washington  street 
east  of  the  south  branch  of  the  Chicago  river,  nor  upon  any  street  m 
the  south  division  of  the  city  of  Chicago  east  of  Fifth  avenue,  south  of 
Lake  street  and  north  of  Van  Buren  street,  excepting  that  permission 
and  authority  are  hereby  granted  to  the  North  Chicago  Street  Rail- 
road company  to  use  electric  overhead  contact  wires  upon  that  portion 
of  Clark  street  lying  between  the  Chicago  river  and  Washington  street, 
and  excepting  also  that  permission  and  authority  are  granted  to  the 
North  Chicago  Street  Railroad  Company  and  the  West  Chicago  Street 
Railroad  Company  to  use  electric  overhead  contact  wires  upon  that 
portion  of  State  street  lying  between  Randolph  street  and  Lake  street, 
and  upon  that  portion  of  Randolph  street  lying  between  Dearborn 
street  and  State  street,  and  upon  that  portion  of  Dearborn  street  lying 
between  Randolph  street  and  Lake  street. 

1 2.  Construction— wires,  poles,  etc.]  § 2.  The  construc- 
tion of  said  electric  lines  shall  be  the  same  as  those  now  on  Clark 
street,  south  of  Washington  street,  or  as  shall  be  directed  by  the  mayor 
and  commissioner  of  public  works  of  the  city  of  Chicago.  If  the 
electric  power  used  shall  be  by  means  of  overhead  contact  wires  sus- 
pended from  poles,  then,  and  in  such  case,  all  such  overhead  contact 
wires  shall  be  suspended  from  poles  set  within  the  curb  limit  of  the 
street  on  either  side  thereof;  and  all  poles  shall  be  set  and  adjusted 


§ 66o]  NORTH  CHICAGO  STREET  RAILROAD  COMPANY.  1527 

as  to  obstruct  the  public  use  of  the  street  and  sidewalks  as  little  as 
possible.  The  wires  shall  be  suspended  not  less  than  eighteen  and  one- 
half  feet  above  the  rails,  and  the  said  poles  authorized  shall  be  placed 
on  an  average  of  not  less  than  one  hundred  and  fifteen  feet  apart,  ex- 
cept at  the  intersection  of  streets  and  avenues,  when  said  poles  or 
supports  shall  be  placed  at  the  intersection  of  streets  and  avenues. 

If  3.  Changes  necessary  may  be  made.]  § 3.  For  the  pur- 
poses aforesaid  the  said  railroad  companies  respectively  are  hereby 
authorized  to  construct  and  relay  all  necessary  tracks,  and  to  make  all 
needful  and  convenient  curves,  .switches  and  turnouts,  and  should  an 
underground  system  be  adopted,  to  make  all  needful  and  convenient 
excavations,  trenches  and  sewer  connections,  and  may  place  all  need- 
ful and  convenient  poles,  wires  and  appliances  in  the  said  several 
streets  and  avenues,  and  wherever  any  railway  line  is  located  under- 
neath any  elevated  railroad  structure  to  attach  to  the  said  structure  all 
needful  and  necessary  wires  and  other  appliances  for  the  purpose  of 
operating  the  said  railroad  line;  Provided,  however,  that  before  using 
the  said  structure  for  the  purposes  aforesaid,  the  consent  in  writing  of 
the  proper  officers  of  the  said  elevated  railroad  company  shall  be  first 
obtained. 

IT  4.  Indemnity.]  § 4.  The  said  companies  shall  forever  in- 
demnify and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  which  it 
may  suffer,  or  which  may  be  recoverable  or  obtained  against  said  city 
for  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  exercise 
by  said  companies,  or  either  of  them,  of  the  privileges  hereby  granted, 
and  from  any  act  or  acts  of  said  companies,  or  either  of  them,  or  their 
servants  or  agents,  under  or  by  virtue  of  the  provisions  of  this  ordi- 
nance. 

H 5.  Franchise  limited.]  § 5.  The  permission  and  authority 
hereby  granted  shall  continue  during  the  entire  unexpired  term  of  the 
several  ordinances  granting  to  said  respective  companies  the  right  to 
operate  street  railroads  in  the  city  of  Chicago. 

IT  6.  Bond.]  § 6.  The  North  Chicago  Street  Railroad  Com- 
pany and  the  West  Chicago  Street  Railroad  Company  shall  respect- 
ively execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in  the 
penal  sum  of  twenty-five  thousand  ($25,000)  dollars  for  the  faithful  ob- 
servance and  performance  of  the  provisions  and  conditions  of  this 
ordinance,  on  its  part  to  be  observed  and  performed  as  aforesaid. 

T 7.  When  to  take  effect— payment  of  $75,000.]  § 7.  This 
ordinance  shall  take  effect  and  be  in  force  as  soon  as  the  said  North 
Chicago  Street  Railroad  Company  and  the  said  West  Chicago  Street 
Railroad  Company  shall  file  with  the  city  clerk  its  formal  acceptance 
of  the  same,  and  the  bond  as  hereinabove  prescribed;  Provided,  how- 
ever, that  if  said  acceptance  and  bond  shall  not  be  filed,  as  aforesaid, 


1528 


STREET  RAILWAYS. 


[§  661 


within  sixty  days  from  the  passage  of  this  ordinance,  this  ordinance 
shall  be  void  and  of  no  effect  as  to  such  company  which  shall  be  in 
default. 

Provided,  that  the  said  companies  shall  pay  to  the  treasurer  of  the 
city  of  Chicago,  for  the  use  of  the  said  city,  the  sum  of  seventy-five 
thousand  ($75,000)  dollars  within  sixty  days  from  the  passage  of  this 
ordinance,  and  that  until  the  said  payment  shall  be  made  none  of  the 
provisions  of  this  ordinance  shall  be  in  force  or  effect. 


NORTHERN  ELECTRIC  RAILWAY  COMPANY. 


§ 661.  Northern  Electric  Railway  company. 


IT  1.  Preamble. 

1[  2.  Grant — term  twenty  years. 

TT  3.  Route. 

If  4.  Motive  power — overhead  wires — city  may  use  poles — return 
circuit. 

^ 5.  Feeder  wires — restoration  of  streets. 

nr  6.  Improvement  and  repair  of  streets. 

nt  7-  Time  of  completion — liquidated  damages. 

nr  8.  Rate  of  fare — free  riders. 

n|  9.  Elevation  of  tracks. 

nt  io.  License  fee — compensation  to  city. 

n[  it.  Heating  cars — running  time. 

nr  12.  Indemnity  clause. 

nr  13.  Temporary  tracks — relay  after  sewer  constructed, 
nt  14.  Temporary  wooden  poles — permanent  poles, 
nt  15.  Cash  deposit — bond. 


An  ordinance  authorizing  the  Northern  Electric  railway  to  construct  and  operate 
street  railroads  in  certain  streets  and  avenues  in  the  city  of  Chicago.  (Passed 
July  23,  1894.  Accepted  September  18,  1894.) 


% 1.  Preamble.]  Whereas,  at  least  ten  days’  public  notice  of 
the  time  and  place  of  presenting  the  petition  of  the  Northern  Electric 
Railway  for  the  granting  of  consent  by  the  city  of  Chicago  to  said  rail- 
way to  locate  and  construct  its  road  upon  and  along  the  portions  of 
streets  hereinafter  named  has  been  first  duly  given  as  required  by  law. 

IT  2.  Grant — term  twenty  years.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the 

acceptance  hereof  and  the  undertaking  by  the  Northern  Electric  Rail- 
way to  comply  with  the  provisions  herein  contained,  consent,  permis- 
sion and  authority  are  hereby  granted  to  said  company,  its  successors 
and  assigns,  and  said  company  is  hereby  required  to  lay  down,  con- 
struct, maintain  and  operate  for  the  period  of  twenty  (20)  years  from 
and  after  the  date  of  the  passage  of  this  ordinance,  a street  railway, 


§ 66 1]  r NORTHERN  ELECTRIC  RAILWAY  COMPANY.  1529 

with  all  necessary  and  convenient  turn-outs,  side-tracks  and  switches, 
in,  along  and  upon  certain  streets  in  the  city  of  Chicago,  hereinafter 
named,  with  the  right  to  connect  with  other  street  railroad  tracks;  and 
to  operate  on  said  street  railroads,  hereby  authorized,  railway  cars  in 
the  manner  and  for  the  time  and  upon  the  conditions  herein  prescribed. 

1”  3.  Route.]  § 2.  The  said  Northern  Electric  Railway  is 
hereby  authorized  and  required  to  lay  a street  railroad  in,  upon  and 
along  the  course  of  the  following  streets:  On  West  Forty-seventh 

street,  from  Lake  street  to  Thomas  street;  on  Thomas  street,  from 
West  Forty-seventh  street  to  West  Forty-eighth  street;  on  West 
Forty-eighth  street,  from  Thomas  street  to  North  avenue;  on  Jefferson 
avenue,  from  North  avenue  to  Armitage  avenue;  on  North  avenue, 
from  West  Forty-eighth  street  to  Central  avenue;  on  Central  avenue, 
from  North  avenue  to  Grand  avenue;  on  Grand  avenue,  from  Central 
avenue  to  Poland  avenue;  on  Leyden  avenue,  from  Grand  avenue  to 
Belden  avenue;  on  Belden  avenue,  from  Leyden  avenue  to  Poland 
avenue,  and  on  Poland  avenue,  from  Grand  avenue  to  Belden  avenue, 
all  in  the  said  city  of  Chicago. 

U 4.  Motive  power— overhead  wires— city  may  use  poles— 
return  circuit.]  § 3.  The  cars  to  be  used  on  said  lines  of  railroad, 
hereby  authorized,  may  be  propelled  and  operated  by  electric  over- 
head contact  wires  suspended  from  cross-arms  extending  from  orna- 
mental iron  or  steel  poles  of  such  construction  and  design  as  may  be 
approved  by  the  mayor  or  commissioner  of  public  works,  such  poles 
to  be  set  near  the  center  line  of  the  street  so  as  to  cause  the  least  possi- 
ble obstruction  to  the  use  of  the  streets.  The  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  (18^2)  feet  above  the  rails;  and 
the  said  poles  authorized  shall  be  placed  on  an  average  of  not  less  than 
one  hundred  and  fifteen  (1 1 5)  feet  apart.  No  poles  or  supports  shall 
be  placed  at  the  intersection  of  streets  and  avenues. 

Provided,  that  the  city  of  Chicago  shall  have  the  right  to  use  said 
poles  for  the  purpose  of  stringing  wires,  and  the  right  to  affix  to  said 
poles  electric  lamps  for  street  lighting  purposes;  and  provided,  fur- 
ther, and  the  privileges  and  rights  granted  by  this  ordinance  are 
granted  upon  the  express  condition,  that  the  said  Northern  Electric 
Railway,  its  successors  and  assigns,  shall,  upon  all  lines  operated  under 
this  ordinance,  establish  and  maintain  a metallic  return  circuit  conduc- 
tor independent  of  its  rails,  and  wherever  other  lines  of  wire  cross  the 
wires  to  be  strung  by  virtue  of  this  ordinance,  the  latter  wires  shall 
be  protected  by  guard  wires  or  other  suitable  mechanical  device  as 
may  be  directed  by  the  commissioner  of  public  works,  and  said  rail- 
way may  propel  its  cars  by  electric  storage  batteries,  and  may,  from 
time  to  time,  change  its  means  of  propulsion  from  one  of  said  meth- 
ods to  the  other. 

And  in  the  event  that  some  more  favorable  and  practicable  method 


1530 


STREET  RAILWAYS. 


[§  661 


of  furnishing  electricity,  or  other  motive  power,  for  the  operation  of 
said  road  be  discovered,  said  Northern  Electric  Railway,  its  success- 
ors or  assigns,  shall  have  the  right,  or  may  be  required,  to  adopt  the 
same  in  the  place  of,  or  in  connection  with  the  use  of  said  overhead 
contact  wires,  when  approved  or  ordered  by  the  mayor  and  commis- 
sioner of  public  works. 

T 5.  Feeder  wires— restoration  of  streets.]  § 4.  For  the 

purpose  of  operating  said  cars,  .said  Northern  Electric  Railway  may 
make  all  needful  and  convenient  curves,  tracks,  turn-outs,  excava- 
tions and  sewer  connections,  and  connect  the  said  wires  herein  author- 
ized with  the  generator  or  power  station  or  stations,  or  with  any  sta- 
tion or  car  house  or  houses  that  may  be  erected  along  the  line  of  said 
railway,  or  either  of  them. 

Said  Northern  Electric  Railway  may  convey  said  connecting  wires 
from  such  power  stations  to  the  lines  of  wires  hereby  authorized  upon 
poles  placed  upon  or  along  the  alleys  of  the  city,  or  whenever  in  the 
judgment  of  the  commissioner  of  public  works  it  shall  be  impracticable 
to  place  such  poles  in  alleys  he  may,  for  the  purpose  above  mentioned, 
permit  to  be  placed  in  streets  ornamental  iron  or  steel  poles  of  such 
design  and  construction  as  he  may  approve. 

Before  making  any  excavation  or  in  any  wise  interfering  with  the 
surface  of  any  street  or  alley,  said  company  shall  obtain  from  the  com- 
missioner of  public  works  a permit  therefor,  and  shall  also  deposit 
with  the  treasurer  of  the  city  of  Chicago  a sum  sufficient  to  cover  the 
cost  of  restoring  such  street  or  alley,  according  to  an  estimate  of  the 
probable  cost  thereof,  to  be  made  by  the  commissioner  of  public 
works  in  each  case. 

The  cars  or  carriages  to  be  used  on  said  railway  lines  hereby  au- 
thorized shall  be  for  no  other  purpose  than  to  carry  passengers  and 
their  ordinary  baggage,  and  they  shall  be  kept  clean  and  well  lighted, 
and  shall  be  heated  as  hereinafter  provided. 

^ 6.  Improvement  and  repair  of  streets.]  § 5.  The  said  North- 
ern Electric  Railway  shall  keep  sixteen  (16)  feet  in  width  of  the  parts  of 
any  and  all  streets  occupied  by  it  in  pursuance  of  the  terms  of  this 
ordinance  in  good  condition  and  repair  during  all  the  time  to  which 
the  privileges  hereby  granted  shall  extend,  in  accordance  with  any 
order  or  regulation  that  may  be  adopted  by  the  city  council  in  rela- 
tion to  such  repairs ; and  when  any  new  improvement  shall  be  ordered 
in  any  part  of  such  street  or  streets,  the  company  shall,  in  the  manner 
which  may  be  required  of  the  owners  of  the  property  fronting  on  said 
part  of  said  street,  make  such  improvement  for  the  width  of  sixteen 
(16)  feet;  and  if  said  company  shall  refuse  or  fail  to  do  so  the  same 
may  be  done  by  the  city  and  the  company  shall  repay  to  the  city  upon 
demand  the  cost  thereof. 

IT  7.  Time  of  completion-  liquidated  damages.]  § 6.  The 


§66x] 


NORTHERN  ELECTRIC  RAILWAY  COMPANY. 


1531 


tracks  authorized  to  be  constructed  by  this  ordinance  in  said  West 
Forty-seventh  street,  Thomas  street,  West  Forty-eighth  street,  Jet- 
ferson  avenue,  North  avenue,  Central  avenue,  Grand  avenue,  Leyden 
avenue,  Belden  avenue  and  Poland  avenue  shall  be  laid  and  completed 
in  each  of  said  streets  or  avenues  within  the  period  of  one  year  after 
the  passage  and  acceptance  of  this  ordinance.  If  said  company  shall 
fail  to  complete  said  tracks  within  said  time,  the  rights  and  privileges 
hereby  granted  shall  cease  and  determine. 

And  the  chy  shall  have  the  right  to  remove  all  tracks  and  other 
obstacles  placed  in  the  streets  or  alleys  by  virtue  of  the  authority 
granted  by  this  ordinance,  and  the  said  company  shall  be  liable  to  the 
city  for  the  expense  of  such  removal.  The  said  Northern  Electric 
^Railway  shall,  at  or  before  the  time  of  its  acceptance  of  this  ordinance, 
deposit  with  the  treasurer  of  the  city  of  Chicago  the  sum  of  twenty-five 
hundred  dollars  ($2,500)  in  cash,  or  bonds  of  the  city  of  Chicago  of  the 
par  value  of  $2,500,  which  money  or  bonds  the  city  of  Chicago  shall 
have  the  right  to  retain  as  agreed  and  liquidated  damages  in  case  of 
the  failure  of  the  said  Northern  Electric  Railway  to  complete  said 
road  within  the  time  as  above  limited,  but  which  shall  be  returned  to 
it  after  the  completion  of  said  entire  railway  lines  in  accordance  with 
the  provisions  of  this  ordinance. 

The  time  during  which  any  legal  proceeding  shall  be  pending 
whereby  the  said  company  shall  be  prevented  from  or  delayed  in  con- 
structing its  railroad,  or  any  part  thereof,  shall  be  excluded  from  the 
time  prescribed  for  the  completion  thereof;  Provided,  however,  that 
such  exclusion  shall  date  only  from  the  time  when  the  said  company 
shall  have  given  notice  to  the  corporation  counsel  of  the  city  of  Chi- 
cago of  the  institution  of  such  legal  proceedings. 

The  city  of  Chicago  shall  have  the  right  to  intervene  in  any  suit  or 
proceedings  brought  by  any  person  or  persons  seeking  to  enjoin,  re- 
strain or  in  any  manner  interfere  with  the  prosecution  of  said  work 
of  construction  and  move  for  a dissolution  of  such  injunction  or  re- 
straining order,  and  for  any  other  proper  order  in  such  suit,  in  case 
it  shall  deem  such  suit  collusive  or  instituted  for  the  purpose  of  delay. 

1"  8.  Rate  of  fare — free  riders.]  § 7.  The  rate  of  fare  to  be 
charged  upon  the  lines  of  railway  herein  authorized,  or  on  any  exten- 
sions thereof  hereafter  authorized,  within  the  limits  of  the  city  of  Chi- 
cago, shall  be  five  (5)  cents  for  one  continuous  ride  in  either  direction, 
but  police  officers  and  firemen  in  uniform  shall  be  carried  free  of 
charge. 

T 9.  Elevation  of  tracks.]  § 8.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid 
with  modern  improved  rails,  to  be  approved  by  the  mayor  and  com- 
missioner of  public  works,  and  in  such  manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions,  without  obstruction,  and  shall  be  laid  as  near  the  cen- 
ter of  the  street  as  practicable.  Section  1509  of  the  Municipal  Code 


1532  STREET  RAILWAYS.  [§  66l 

of  Chicago,  of  1881,  shall  not  apply  to  the  railroad  tracks  hereto  au- 
thorized. 

1 10.  License  fee— compensation  to  city.]  § 9.  The  said 
Northern  Electric  Railway  shall  pay  into  the  city  treasury  ,of  the  city 
of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dollars,  as  an 
annual  license  fee  for  each  and  every  car  used  by  said  company  on 
each  of  said  lines  herein  authorized,  in  the  manner  following:  In 

computing  the  number  of  cars  upon  which  said  license  charge  may  be 
imposed,  thirteen  round  trips,  when  one  car  is  used  in  the  transporta- 
tion of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use  of  the 
car;  one-thirteenth  of  such  round  trips  during  each  quarter  shall  be 
divided  by  the  number  of  days  in  such  quarter;  such  quotient  shall  be 
the  number  of  cars  subject  to  license  fee.  The  president  or  other  chief 
officer  of  said  company  shall,  under  oath,  make  report  quarter-yearly 
to  the  comptroller  of  the  city  of  Chicago,  of  the  whole  number  of  cars 
so  run  by  said  company,  and  at  the  same  time  pay  to  the  said  comp- 
troller twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  ascertained 
as  above  prescribed  in  this  section. 

The  first  quarter  shall  begin  upon  the  first  day  upon  which  the  said 
company  shall  run  a car  or  cars  for  the  carriage  of  passengers.  Aftdr 
the  expiration  of  five  years  from  the  date  of  the  passage  of  this  ordi- 
nance the  said  Northern  Electric  Railway  shall  annually  pay  into  the 
treasury  of  the  city  of  Chicago,  in  addition  to  the  annual  license  fee 
above  provided,  a percentage  of  the  gross  receipts  from  the  operation 
of  the  roads  hereby  authorized,  as  compensation  for  the  benefits  con- 
ferred by  this  ordinance  upon  said  company,  as  follows:  One  per 

cent  for  five  years;  two  per  cent  for  the  following  period  of  five  years, 
and  three  per  cent  for  the  last  period  of  five  years. 

% 11.  Heating  cars— running  time.]  § 10.  The  cars  upon  the 
lines  hereby  authorized  shall  be  provided  during  the  months  of  Novem- 
ber, December,  January,  February  and  March  of  each  year  with  heating 
apparatus  of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  of  said  car  and  heating  the  same;  and  the  said 
apparatus  shall  be  operated  at  such  times  during  the  months  afore- 
said as  the  nature  of  the  weather  and  the  degree  of  the  temperature 
shall  require.  And  the  cars  upon  said  tracks  authorized  to  be  laid 
shall  be  run  at  such  intervals  as  may  be  necessary  to  accommodate  the 
public. 

T 12.  Indemnity  clause.]  § 11.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees,  and  costs  and  expenses,  which 
it  may  suffer  or  which  may  be  recoverable  or  obtained  against  said 
city,  or  by  reason  of  the  granting  of  such  privileges,  or  for  or  by  rea- 
son of,  or  growing  out  of,  or  resulting  from  the  exercise  by  said  com- 
pany of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  said 


§ 662]  NORTH  SIDE  ELECTRIC  STREET  RAILWAY  COMPANY.  1533 

company,  its  servants  or  agents,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

IT  13.  Temporary  tracks— relay  after  sewers  constructed.] 

§ 12.  The  streets  aforesaid  being  improved,  anything  herein  con- 
tained to  the  contrary  notwithstanding,  the  laying  and  use  by  said’ 
Northern  Electric  Railway  of  a “T”  rail  single  track  in  such  manner  as 
shall  be  approved  by  the  mayor  and  commissioner  of  public  works, 
shall  be  considered  a compliance  with  the  terms  hereof  until  the  laying 
of  main  sewers  in  the  said  portions  of  said  streets,  and  upon  the  laying 
of  such  sewers  the  said  Northern  Electric  Railway,  its  successors  and 
assigns,  shall,  within  ninety  (90)  days  thereafter,  relay  its  track  over 
such  sewers,  in  conformity  with  the  provisions  of  the  other  sections 
of  this  ordinance. 

1i  14.  Temporary  wooden  poles— permanent  poles.]  § 13. 

The  streets  aforesaid  being  unimproved,  anything  herein  contained  to 
the  contrary  notwithstanding,  the  erection  and  use  of  wooden  poles  set 
within  curb  limits  of  all  of  said  streets  and  avenues  by  the  said  North- 
ern Electric  Railway  and  the  paving  with  wooden  planks  between  the 
rails  and  one  foot  on  each  side  of  said  rails  shall  be  considered  a com- 
pliance with  the  terms  hereof  until  the  laying  of  main  sewers  in  the 
said  portions  of  said  streets,  and  upon  the  laying  of  said  sewers  the 
said  Northern  Electric  Railway,  its  successors  and  assigns,  shall  within 
ninety  (90)  days  thereafter  erect  iron  or  steel  center  poles  along  such 
portions  of  said  streets  in  conformity  with  the  provisions  of  the  other 
sections  of  this  ordinance. 

15.  Cash  deposit — bond.]  § 14.  This  ordinance  shall  take 
effect  and  be  in  force  as  soon  as  the  said  Northern  Electric  Railway 
shall  have  made  the  deposit  of  cash  or  bonds  as  required  in  section  six 
of  this  ordinance  and  shall  file  with  the  city  clerk  its  formal  accept- 
ance of  the  same  and  a bond  in  the  penal  sum  of  twenty  thousand 
($20,000)  dollars,  conditioned  for  the  faithful  performance  of  the  terms 
hereof;  Provided,  however,  that  if  said  deposit  be  not  made,  and  said 
acceptance  and  bond  shall  not  be  filed  with  the  city  clerk  as  aforesaid 
within  sixty  (60)  days  from  the  passage  of  this  ordinance,  this  ordi- 
nance shall  be  void  and  of  no  effect. 


NORTH  SIDE  ELECTRIC  STREET  RAILWAY  COMPANY. 

§ 662.  North  Side  Electric  Street  Railway  company. 

TT  1.  Grant — term. 

IT  2.  Routes  specified. 

IT  3«  Motive  power  optional. 

4.  Curves,  tracks,  poles,  power  stations,  etc. 

Tf  5.  Street  improvement  and  repairs. 


1534 


STREET  RAILWAYS. 


[§662 


u 

6. 

Time  limited  for  completion. 

IT 

7- 

Rate  of  fare. 

IF 

8. 

Tracks,  how  laid. 

IF 

9- 

License  fee — compensation  to  city. 

IT 

10. 

Heating  apparatus. 

IF 

11. 

Indemnity  clause — bond. 

IF 

12. 

When  in  force. 

An  ordinance  granting  permission  to  the  North  Side  Electric  Street  Railway- 

company  to  operate  and  maintain  a street  railroad  on  certain  streets  therein 

named.  (Passed  July  16,  1894.  Accepted  September  12,  1894.) 

T 1.  Grant — term,]  Be  it  ordained  by  the  city  council  of 'the 
city  of  Chicago:  §1.  In  consideration  of  the  acceptance  hereof, 

and  the  undertaking  by  the  said  North  Side  Electric  Street  Railway 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its 
successors  and  assigns,  and  said  company  is  hereby  required  to  lay 
down,  construct,  maintain  and  operate,  for  the  period  of  twenty  (20) 
years  from  and  after  the  date  of  the  passage  of  this  ordinance,  a 
single  or  double  track  street  railroad,  with  all  such  necessary  and 
convenient  turnouts,  side  tracks  and  switches,  as  the  commissioner  of 
public  works  may  approve  and  permit,  in,  along  and  upon  certain 
streets  in  the  city  of  Chicago  hereinafter  named,  with  the  right  to 
connect  with  other  street  railroad  tracks,  and  to  operate  upon  said 
street  railroad  hereby  authorized,  railway  cars,  in  the  manner  and  for 
the  time  and  upon  the  conditions  herein  prescribed. 

1"  2.  Routes  specified.]  § 2.  That  said  The  North  Side  Elec- 
tric Street  Railway  Company,  its  successors  or  assigns,  is  hereby  au- 
thorized to  lay  the  tracks, with  all  necessary  turn-tables,  turn-outs,  side- 
tracks and  switches,  as  provided  in  the  first  section  of  this  ordinance, 
along  and  upon  the  following  streets  and  alleys  in  the  city  of  Chicago. 

Beginning  at  the  south  line  of  Kinzie  street  at  the  intersection  of 
Franklin  street  and  Kinzie  street,  thence  north  along  Franklin  street 
to  the  north  line  of  Division  street. 

Also,  commencing  at  the  intersection  of  Erie  street  and  Franklin 
street,  thence  westerly  along  Erie  street  to  the  west  line  of  the  North 
branch  of  the  Chicago  river. 

Also,  commencing  at  the  intersection  of  Elm  street  and  Franklin 
street,  thence  westerly  along  Elm  street  to  the  west  line  of  Crosby 
street. 

Also,  commencing  at  the  intersection  of  Kingsbury  street  and 
Erie  street,  thence  northerly  along  Kingsbury  street  to  the  intersec- 
tion of  Chicago  avenue  and  Wesson  street. 

Also,  commencing  at  the  intersection  of  Wesson  street  and  Chi- 
cago avenue,  thence  northerly  along  Wesson  street  to  a point  200  feet 
south  of  the  south  line  of  Oak  street. 

Also,  commencing  on  Wesson  street  at  a point  not  less  than  200 
feet  south  of  the  south  line  of  Oak  street,  thence  westerly  and  across 
the  north  and  south  alley  lying  between  Wesson  street  and  Larrabee 


§ 662]  NORTH  SIDE  ELECTRIC  STREET  RAILWAY  COMPANY.  1535 

street  to  the  east  line  of  Larrabee  street;  thence  northwesterly  across 
Larrabee  street  to  the  west  line  of  Larrabee  street;  thence  south- 
westerly along  Crosby  street  from  the  west  line  of  Larrabee  street  to 
the  intersection  of  Grace  street  with  Division  street. 

Also,  commencing  at  the  south  line  of  Division  street  at  the  in- 
tersection of  Grace  street  and  Division  street,  thence  northerly  along 
Grace  street  to  the  north  line  of  Vedder  street;  thence  northerly 
across  Gardner  street  and  the  east  and  west  alleys  lying  between  Ved- 
der street  and  Gardner  street,  and  between  Gardner  street  and  Rees 
street,  to  the  north  line  of  Rees  street,  to  a point  about  three  hundred 
feet  east  of  Halsted  street. 

Also,  commencing  at  a point  upon  Rees  street  three  hundred  feet 
east  of  Halsted  street,  thence  westerly  along  Rees  street  to  the  inter- 
section of  Rees  street  and  Dayton  street. 

Also,  commencing  at  the  intersection  of  Dayton  street  and  Rees 
street,  thence  northerly  along  Dayton  street  to  the  intersection  of 
Weed  street  and  Dayton  street. 

Also,  commencing  at  the  intersection  of  Weed  street  and  Dayton 
street,  thence  westerly  along  Weed  street  to  the  intersection  of  Weed 
street  and  Sheffield  avenue. 

Also,  commencing  at  the  intersection  of  Weed  street  and  Sheffield 
avenue,  thence  northerly  along  Sheffield  avenue  to  the  intersection  of 
Sheffield  avenue  and'  Marcy  street. 

Also,  commencing  at  the  intersection  of  Marcy  street  and  Sheffield 
avenue,  thence  northwesterly  along  Marcy  street  to  the  intersection 
of  Marcy  street  and  Clybourn  place. 

Also,  commencing  at  the  intersection  of  Clybourn  place  and 
Marcy  street,  thence  westerly  along  Clybourn  place  to  the  west  line 
of  Elston  avenue. 

1 3.  Motive  powerloptional.]  § 3.  The  cars  of  said  railway 
company  may  be  operated  by  animal  or  electric  power,  provided  that 
if  the  said  company  shall  elect  to  propel  and  operate  its  cars  by  elec- 
tric power,  the  same  may  be  operated  and  propelled  by  electric  over- 
head contact  trolley  wires  and  necessary  feeder  wires  for  said  line, 
suspended  from  poles  set  within  the  curb  line  limit  of  the  street  on 
either  side  thereof,  or  from  bracket  poles  placed  in  the  center  of  the 
streets,  the  placing  of  said  poles  to  be  determined  by  the  mayor  and 
commissioner  of  public  works;  said  poles  to  be  of  ornamental  iron 
or  steel,  and  of  such  construction  and  design  as  the  mayor  and  com- 
missioner of  public  works  may  approve,  and  so  adjusted  as  to  obstruct 
the  public  use  of  the  streets  or  sidewalks  as  little  as  possible. 

The  said  trolley  and  feeder  wires  shall  be  suspended  not  less  than 
eighteen  and  a half  (18 y2)  feet  above  the  rails,  and  the  said  poles  and 
supports  shall  be  placed  on  an  average  of  not  less  than  one  hundred 
and  fifteen  (115)  feet  apart.  No  poles  shall  be  set  at  the  intersection 
of  streets  and  avenues. 


1536 


STREET  RAILWAYS. 


[§  662 


If  4.  Curves,  tracks,  poles,  power  stations,  etc.]  § 4-  For 

the  purpose  of  operating  said  cars,  said  North  Side  Electric  Street 
Railway  Company  may  make  all  such  needful  and  convenient  curves, 
tracks,  turnouts,  excavations  and  sewer  connections  as  the  commis- 
sioner of  public  works  may  approve,  and  connect  the  said  wires  here- 
in authorized  with  the  generator  or  power  station  or  stations;  or  with 
any  station  or  car  house  or  houses  that  may  be  erected  along  the  lines 
of  said  railway  or  either  of  them,  and  said  company  may  convey  said 
connecting  wires  from  such  power  house  or  station  to  the  lines  of 
wires  hereby  authorized  upon  poles  placed  upon  or  along  the  alleys 
of  the  city,  or,  whenever  in  the  judgment  of  the  commissioner  of  pub- 
lic works  it  shall  be  impracticable  to  place  such  poles  in  alleys,  he  may, 
for  the  purpose  above  mentioned,  permit  to  be  placed  in  streets  or- 
namental iron  or  steel  poles  of  such  design  and  construction  as  he  may 
approve;  or  said  company  may,  if  the  mayor  and  commissioner  of 
public  works  consent  thereto,  convey  said  connecting  wires  in  an  unJ 
derground  conduit  through  the  streets  and  alleys  of  the  city  of  Chi- 
cago, which  conduit  shall  be  used  by  said  company  for  the  purpose 
herein  set  forth  only.  Before  making  any  excavation  or  in  any  wise 
interfering  with  the  surface  of  any  street  or  alley,  said  company  shall 
obtain  from  the  commissioner  of  public  works  a permit  therefor,  and 
shall  also  deposit  with  the  treasurer  of  the  city  of  Chicago  a sum  suffi- 
cient to  cover  the  cost  of  restoring  such  street  or  alley  according  to 
an  estimate  of  the  probable  cost  thereof  to  be  made  by  the  commis- 
sioner of  public  works  in  each  case.  The  cars  or  carriages  to  be  used 
on  said  railway  lines  hereby  authorized  shall  be  used  for  no  other 
purpose  than  to  carry  passengers  and  their  ordinary  baggage,  and 
mail,  and  they  shall  be  kept  clean  and  well  lighted,  and  shall  be  heated 
as  hereinafter  provided.  At  least  one  car  shall  be  run  every^half  hour 
each  way  during  the  hours  between  six  o’clock  a.  m.  and  twelve 
o’clock  p.  m.,  and  at  least  one  car,  which,  however,  may  be  drawn  by 
horses,  shall  be  run  every  hour  each  way  during  the  hours  between 
twelve  o’clock  p.  m.  and  six  o’clock  a.  m. 

1 5.  Street  improvement  and  repairs.]  § 5.  The  said  The 
North  Side  Electric  Street  Railway  Company,  its  successors  or  as- 
signs, as  respects  the  grading,  paving,  macadamizing,  planking  or  re- 
pairing or  using  of  the  aforesaid  streets  and  avenues,  shall  at  its  own 
cost  and  expense  keep,  if  single  track,  eight  feet,  or  if  double  track, 
sixteen  feet,  in  good  repair  and  condition,  during  all  the  time  to  which 
the  privileges  hereby  granted  shall  extend,  in  accordance  with  the 
orders  and  regulations  of  the  commissioner  of  public  works  of  the 
said  city  of  Chicago. 

And  when  any  new  improvement  of  any  character  shall  be  ordered 
by  the  city  council  of  the  said  city,  said  The  North  Side  Electric 
Street  Railway  Company,  its  successors  or  assigns,  at  its  own  cost  and 
expense  shall,  in  the  manner  required  by  the  city  authorities,  make 


§ 662]  NORTH  SIDE  ELECTRIC  STREET  RAILWAY  COMPANY.  1537 

such  improvements,  for  the  width  above  specified,  said  sixteen  feet 
to  include  the  side  tracks  as  laid  in  said  streets  and  avenues. 

And  if  the  said  The  North  Side  Electric  Street  Railway  Company 
shall  neglect  or  fail  to  make  any  repairs  or  improvements  as  afore- 
said, for  the  space  of  twenty  (20)  days  after  notice  so  to  do  from  the 
superintendent  of  public  works  or  any  other  proper  officer  of  said 
city,  to  any  officer  of  said  The  North  Side  Electric  Street  Railway 
Company,  or  its  successors  or  assigns,  then  and  in  such  case  the  city 
may  at  its  option  do  the  same  and  the  company  shall  repay  to  the 
city  upon  demand,  the  cost  thereof. 

Provided,  further,  that  when  ordered  by  the  city  council  of  the 
city  of  Chicago,  the  said  The  North  Side  Electric  Street  Railway 
Company,  its  successors  or  assigns,  at  its  own  cost  and  expense  shall, 
in  the  manner  required  by  the  city  authorities,  pave  with  cedar  block 
pavement  and  keep  in  repair  such  portions  of  the  following  streets 
and  alleys  as  shall  be  used  by  said  The  North  Side  Electric  Street 
Railway  Company  by  its  lines  when  completed  in  accordance  with 
this  ordinance,  viz.: 

Franklin  street,  from  Kinzie  street  to  Division  street 

Erie  street,  from  Franklin  street  to  Kingsbury  street. 

Kingsbury  street,  from  Erie  street  to  Chicago  avenue. 

Wesson  street,  from  Chicago  avenue  to  a point  two  hundred  feet 
south  of  the  south  line  of  Oak  street. 

Sheffield  avenue,  from  Weed  street  to  Marcy  street. 

Weed  street,  from  Sheffield  avenue  to  Dayton  street. 

Dayton  street,  from  Weed  street  to  Rees  street. 

Rees  street,  from  Dayton  street  to  a point  three  hundred  feet  east 
of  Larrabee  street. 

Grace  street,  from  Division  street  to  Vedder  street. 

And,  provided,  further,  that  the  said  North  Side  Electric  Street 
Railway  Company,  its  successors  or  assigns,  shall  not  occupy  any 
portion  of  Marcy  street  until  the  same  shall  have  been  widened  from 
Sheffield  avenue  to  East  Wabansia  avenue  to  the  uniform  width  of 
sixty  (60)  feet.  All  the  expense  of  such  widening,  including  the  dam- 
ages for  the  taking  or  damaging  of  land  occasioned  by  such  extension, 
shall  be  paid  by  said  company. 

1 6.  Time  limited  for  completion.]  § 6.  At  least  one-half 
of  the  tracks  authorized  to  be  constructed  by  this  ordinance  shall  be 
laid  and  completed  within  the  period  of  eighteen  (18)  months  after 
the  passage  and  acceptance  of  this  ordinance.  The  balance  of  the 
tracks  authorized  to  be  laid  by  this  ordinance  shall  be  laid  and  com- 
pleted, and  said  entire  railway  shall  be  fully  equipped  and  in  opera- 
tion within  three  years  after  the  passage  of  this  ordinance.  If  said 
company  shall  fail  to  complete  said  tracks  within  the  times  above 
specified  respectively,  the  rights  and  privileges  hereby  granted  shall 
cease  and  determine;  and  the  city  of  Chicago  shall  have  the  right  to 
remove  all  tracks,  or  any  part  thereof,  laid  by  virtue  of  the  authority 
97 


1538 


STREET  RAILWAYS. 


[§  662 


granted  by  this  ordinance.  And  said  company  shall,  in  case  of  de- 
fault in  either  of  the  above  mentioned  conditions  as  to  time  limit,  be 
liable  to  the  city  of  Chicago  for  the  sum  of  ten  thousand  dollars 
($10,000)  as  agreed  and  liquidated  damages  for  such  default;  and  for 
the  purpose  of  enforcing  said  liability  said  company  shall  before  or 
at  the  time  of  its  acceptance  of  this  ordinance  deposit  with  the  treas- 
urer of  the  city  of  Chicago  the  sum  of  ten  thousand  dollars  ($10,000) 
in  cash  or  bond's  of  the  city  of  Chicago  of  the  par  value  of  $10,000, 
which  shall  be  retained  by  said  city  absolutely  in  case  of  such  default 
as  above  mentioned,  but  shall  be  returned  to  said  company  upon  the 
completion  of  said  entire  street  railway  lines  herein  authorized,  pro- 
vided the  same  are  completed  within  the  times  above  limited.  The 
time  during  which  any  legal  proceeding  may  be  pending  whereby  the 
said  company  shall  be  prevented  from  or  delayed  in  constructing  its 
railroad,  or  any  part  thereof,  shall  be  excluded  from  the  time  herein 
prescribed  for  the  completion  of  said  railroad  and  shall  be  allowed  to 
said  company  in  addition  to  the  time  prescribed  for  the  completion 
thereof;  Provided,  however,  that  such  exclusion  shall  date  only  from 
the  time  when  said  company  shall  have  given  notice  to  the  corpora- 
tion counsel  of  the  city  of  Chicago  of  the  institution  of  such  legal 
proceedings. 

The  city  of  Chicago  shall  have  the  right  to  intervene  in  any  suit 
or  proceeding  brought  by  any  person  or  persons  seeking  to  enjoin, 
restrain  or  in  any  manner  interfere  with  the  prosecution  of  said  work 
of  construction  and  move  for  a dissolution  of  such  injunction  or  re- 
straining order,  and  for  any  other  proper  order  in  such  suit,  in  case 
it  shall  deem  such  suit  collusive  or  instituted  for  the  purpose  of  delay. 

1 7.  Rate  of  fare.]  § 7.  The  rate  of  fare  to  be  charged  upon 
the  line  of  railway  hereby  authorized,  shall  be  five  cents  for  one  con- 
tinuous ride  in  one  direction  to  any  point  within  the  present  city  lim- 
its reached  by  said  railway  or  its  omnibus  or  carette  lines  running  in 
connection  therewith;  Provided,  that  a reasonable  extra  charge  may 
be  made  for  the  exclusive  use  of  special  cars  or  trains.  The  city 
police  and  firemen  in  uniform  shall  be  carried  free  of  charge. 

1 8.  Tracks,  how  laid.]  § 8.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  said  street,  and  shall  be  laid  with 
modern  improved  rails,  and  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in  all 
directions,  without  obstruction,  and  shall  also  be  laid  as  near  to  the 
center  of  the  said  street  as  practicable.  Section  1509  of  the  Munici- 
pal Code  of  Chicago,  of  1881,  shall  not  apply  to  the  railroad  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor  and  commissioner  of  public  works,  and  shall  be  laid  under 
their  direction. 

1 9.  License  fee— compensation  to  city.]  § 9.  The  said 
North  Side  Electric  Street  Railway  Company  shall  pay  into  the  city 


§ 662]  NORTH  SIDE  ELECTRIC  STREET  RAILWAY  COMPANY.  1539 

treasury  of  the  city  of  Chicago,  for  the  use  of  said  city,  the  sum  of 
fifty  ($50)  dollars,  as  an  annual  license  fee  for  each  and  every  car  used 
by  said  company  on  each  of  said  lines  herein  authorized,  in  the  man- 
ner following:  In  computing  the  number  of  cars  upon  which  said 

license  charge  may  be  imposed,  thirteen  round  trips,  when  one  car 
is  used  in  the  transportation  of  passengers,  shall  be  taken  as  equiva- 
lent to  one  day’s  use  of  the  car;  one-thirteenth  of  such  round  trips 
during  each  quarter  shall  be  divided  by  the  number  of  days  in  such 
quarter,  such  quotient  shall  be  the  number  of  cars  subject  to  such 
license  fee.  The  president  or  other  chief  officer  of  said  company 
shall,  under  oath,  report  quarter-yearly  to  the  comptroller  of  the  city 
of  Chicago,  of  the  whole  number  of  cars  so  run  by  said  company,  and 
at  the  same  time  pay  to  the  said  comptroller  twelve  dollars  and  a 
half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed  in 
this  section. 

The  first  quarter,  as  to  each  line  of  railway,  shall  begin  upon  the 
first  day  on  which  the  said  company  shall  run  a car  or  cars  for  the  car- 
riage of  passengers.  After  the  expiration  of  five  years  from  the  date 
of  passage  of  this  ordinance,  the  said  North  Side  Electric  Street  Rail- 
way Company  shall  annually  pay  into  the  treasury  of  the  city  of  Chi- 
cago, a percentage  of  its  gross  receipts  from  the  operation  of  the  roads 
hereby  authorized,  as  additional  compensation  for  the  benefits  con- 
ferred by  this  ordinance  upon  said  company,  as  follows:  One  per 

centum  per  annum  for  a period  of  five  years;  two  per  centum  per  an- 
num for  the  following  period  of  five  years,  and  three  per  centum  per 
annum  for  the  remaining  five  years  of  the  term  for  which  this  franchise 
is  granted. 

If  10.  Heating  apparatus.]  § io.  The  cars  upon  the  lines 
hereby  authorized  shall  be  provided  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus  of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  of  said  car  and  heating  the  same;  and  the  said 
apparatus  shall  be  operated  at  such  times  during  the  months  afore- 
said as  the  nature  of  the  weather  and  the  degree  of  the  temperature 
shall  require. 

1 11.  Indemnity  clause— bond.]  § n.  This  company  shall 

forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees,  and  costs  and  expenses 
which  it  may  suffer  or  which  may  be  recoverable  or  obtained  against 
said  city,  for  or  by  reason  of  the  granting  of  such  privileges  or  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the  exercise  by  said 
company  of  the  privileges  hereby  granted,  or  from  any  act  or  acts 
of  said  company,  its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 

The  North  Side  Electric  Street  Railway  Company  shall  execute  to 
the  city  of  Chicago  a good  and  sufficient  bond  in  the  penal  sum  of 
twenty-five  thousand  ($25,000)  dollars,  to  be  approved  by  the  mayor. 


1540 


STREET  RAILWAYS. 


[§  663 


for  the  faithful  observance  and  performance  of  the  provisions  and  con- 
ditions of  this  ordinance  on  its  part,  to  be  observed  and  performed  as 
aforesaid. 

1 12.  When  in  force.]  § 12.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  said  North  Side  Electric  Street  Railway 
Company  shall  file  with  the  city  clerk  its  formal  acceptance  of  the 
same,  the  bond  as  herein  prescribed;  Provided,  however,  that  if  said 
acceptance  and  bond  shall  be  not  filed  with  said  city  clerk  as  aforesaid 
within  sixty  (60)  days  from  the  passage  of  this  ordinance,  this  ordi- 
nance shall  be  void  and  of  no  effect. 

Note. — See  following  ordinance  relinquishing  certain  rights. 

§ 663.  North  Side  Electric  Street  Railway  company. 

TT  1.  Grant — Clybourn  place  extension. 

if  2.  Relinquishment  of  certain  rights  in  foregoing  ordinance, 
if  3.  Agreement  to  be  filed. 

*([  4.  Motive  power. 

•fT  5-  When  in  force — acceptance, 
if  6.  Rate  of  fare.  ^ ^ 

An  ordinance  granting  permission  to  the  North  Side  Electric  Street  Railway 

company  to  construct  and  maintain  a street  railway  on  certain  streets. 

(Passed  October  21,  1895.  Accepted  October  26,  1895.) 

1 1.  Grant— Clybourn  place  extension.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  In  consideration  of  the 

acceptance  hereof,  and  the  undertaking  by  the  North  Side  Electric 
Street  Railway  Company  to  comply  with  the  provisions  herein  con- 
tained, consent,  permission  and  authority  are  hereby  granted  to  said 
company,  its  successors  and  assigns,  to  lay  down,  construct,  maintain 
and  operate,  for  the  period  of  twenty  (20)  years  from  and  after  the 
date  of  the  passage  of  this  ordinance,  a single  or  double  track  street 
railroad,  with  all  necessary  and  convenient  turnouts,  side  tracks  and 
switches,  in,  along  and  upon  Clybourn  place,  in  the  city  of  Chicago, 
from  the  west  line  of  Marcy  street  to  the  east  line  of  Clybourn  avenue, 
with  the  right  to  connect  with  other  street  railroad  tracks,  and  to  op- 
erate, upon  said  street  railroad  hereby  authorized,  railway  cars,  in 
the  manner  and  for  the  time  and  upon  the  conditions  herein  prescribed. 

T 2.  Relinquishment  of  certain  rights  in  foregoing  ordi- 
nance.] § 2.  The  permission  and  authority  hereby  granted  to  the 
said  railway  company  are  upon  the  express  condition  that  said  railway 
company  shall  forever  relinquish  all  the  right  and  authority  given  and 
granted  to  it,  in  and  by  a certain  ordinance  passed  July  16,  1894,  to 
construct  and  operate  a street  railroad  in  and  along  the  following 
streets:  On  Wesson  street,  from  the  intersection  of  Chicago  avenue 

to  a point  two  hundred  feet  south  of  the  south  line  of  Oak  street;  also 
on  Wesson  street,  from  a point  south  of  Oak  street  not  less  than  two 
hundred  feet  south  of  the  south  line  of  Oak  street,  thence  westerly 
across  the,  north  and  south  alley  between  Wesson  and  Larrabee 
streets,  thence  across  Larrabee  street;  on  Grace  street  from  the  in- 


NORTH  SIDE  ELECTRIC  STREET  RAILWAY  COMPANY. 


1511 


tersection  of  Division  street  to  Vedder  street,  and  across  Gardner 
street  and  the  east  and  west  alleys  between  Vedder  street  and  Gard- 
ner street,  and  between  Gardenr  street  and  Rees  street  to  the  north 
line  of  Rees  street,  to  a point  about  three  hundred  feet  east  of  Halsted 
street;  on  Rees  street,  from  a point  three  hundred  feet  east  of  Halsted 
street  to  the  intersection  of  Dayton  street;  on  Dayton  street,  from  the 
intersection  of  Rees  street  to  the  intersection  of  Weed  street;  on  Weed 
street,  from  Dayton  street  to  the  intersection  of  Sheffield  avenue;  on 
Sheffield  avenue,  from  Weed  street  to  the  intersection  of  Marcy  street; 
and  in  and  along  Marcy  street,  from  Sheffield  avenue  to  the  inter- 
section of  Clybourn  place;  and  to  that  end  the  permission  and  au- 
thority granted  to  the  said  railway  company  in  and  by  the  said  ordi- 
nance of  July  16th,  1894,  to  construct,  maintain  and  operate  a street 
railway  in  and  along  the  several  streets  and  parts  of  streets  herein 
specifically  mentioned  are  hereby  repealed. 

f 3.  Agreement  to  be  filed.]  § 3.  The  said  street  railway 
company  shall,  within  thirty  days  after  the  passage  of  this  ordinance, 
and  before  entering  upon  or  enjoying  any  rights  herein  granted,  file 
with  the  city  clerk  an  agreement  in  writing,  whereby  it,  said  railway 
company,  shall  formally  surrender  and  relinquish  all  and  singular  the 
right  and  authority  to  construct,  maintain  and  operate  a street  rail- 
way under  said  ordinance  of  July  16,  1894,  in  and  along  the  streets 
named  in  section  2 of  this  ordinance;  and  in  event  said  railway  com- 
pany shall  fail  to  file  the  said  agreement  as  hereinabove  required,  or 
shall  construct  or  operate  any  street  railway  under  said  ordinance  of 
July  16,  1894,  in  and  along  any  of  the  streets  or  parts  of  streets  men- 
tioned in  section  2 of  this  ordinance,  and  therein  required  to  be  relin- 
quished and  abandoned,  this  ordinance  shall  thereupon  become  abso- 
lutely null  and  void. 

1"  4.  Motive  power.]  § 4.  The  cars  of  said  railway  company 
may  be  operated  by  animal  or  electric  power;  Provided,  that,  if  said 
company  shall  elect  to  operate  its  cars  by  electric  power,  the  same 
may  be  operated  and  propelled  by  overhead  contact  trollev  wires  and 
the  necessary  feeder  wires  suspended  from  poles,  said  poles  to  be  of 
iron  or  steel,  and  of  such  construction  and  design  as  the  mayor  or 
commissioner  of  public  works  may  approve,  and  so  adjusted  as  to  ob- 
struct the  public  use  of  the  streets  as  little  as  possible. 

T 5.  When  in  force — acceptance.]  § 5.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage,  as  soon  as  said 
the  North  Side  Electric  Street  Railway  Company  shall  file  its  formal 
acceptance  of  the  same,  with  a bond  in  the  sum  of  five  thousand  ($5,- 
000)  dollars,  and  the  said  agreement  aforesaid;  Provided,  however, 
that,  if  said  acceptance  and  bond  and  agreement  shall  not  be  filed 
with  the  city  clerk  within  thirty  days  from  the  passage  hereof,  this 
grant  shall  be  void  and  of  no  effect. 

1"  6.  Rate  of  fare.]  § 6.  No  additional  fare  shall  be  charged 


1542 


STREET  RAILWAYS. 


[§  663 


over  the  route  hereby  authorized,  but  the  said  route  shall  be,  and  is 
hereby  declared  to  be,  an  extension  of  and  a part  and  parcel  of  the 
railroad  authorized  to  be  constructed,  maintained  and  operated  un- 
der and  by  the  said  ordinance  of  July  16,  1894,  in  Clybourn  place,  be- 
tween Elston  avenue  and  Marcy  street. 


CHAPTER  XVI.— STREET  RAILWAYS.— Continued. 

§ 664.  Ogden  Street  Railway  company. 

| 665.  George  M.  Pullman. 

§ 666.  South  Chicago  City  Railway  company. 

§ 667.  Ewing  Avenue  Horse  Railway  company. 

| 668.  Ewing  Avenue  Horse  Railway  company. 

§ 669.  South  Chicago  City  Railway  company. 

£ 670.  Grand  Crossing  & Windsor  Park  Railway  company. 

§ 671.  Calumet  Street  Railway  Company  and  South  Chicago  City  Railway 
company. 

§ 672.  South  Chicago  City  Railway  company. 

| 673.  South  Chicago  City  Railway  company. 

£ 674.  South  Chicago  City  Railway  company. 

§ 675.  South  End  Electric  company. 

| 676.  Southwest  Chicago  Rapid  Transit  company. 

§ 677.  Southwest  Chicago  Rapid  Transit  company. 

| 678.  Southwest  Chicago  Rapid  Transit  company. 

679.  West  Chicago  Street  Railroad  company, 
g 680.  West  Chicago  Street  Railroad  company. 

§ 681.  West  Chicago  Street  Railroad  company. 

§ 682.  West  Chicago  Street  Railroad  company. 

§ 683.  West  Chicago  Street  Railroad  company. 

£ 684.  West  Chicago  Street  Railroad  company. 

^ 685.  West  Chicago  Street  Railroad  company. 

| 686.  West  Chicago  Street  Railroad  company. 

8 687.  West  Chicago  Street  Railroad  company. 

§ 688.  West  Chicago  Street  Railroad  company. 

§ 689.  West  Chicago  Street  Railroad  company. 

§ 690.  West  Chicago  Street  Railroad  company. 

§691.  West  Chicago  Street  Railroad  company. 

£ 692.  West  Chicago  Street  Railroad  company. 

§ 693.  West  Chicago  Street  Railroad  company. 

| 694.  West  Chicago  Street  Railroad  company. 

§ 695.  West  Chicago  Street  Railroad  company. 

§ 695a.  West  Chicago  Street  Railroad  company. 

§ 695b.  West  Chicago  Street  Railroad  company. 

§ 695c.  West  Chicago  Street  Railroad  company. 

§ 696.  West  Chicago  Street  Railroad  company. 

§ 697.  West  Chicago  Street  Railroad  company. 

§ 698.  West  Chicago  Street  Railroad  company. 

$ 699.  West  Chicago  Street  Railroad  company. 

$ 700.  West  Chicago  Street  Railroad  company. 

§ 701.  West  Chicago  Street  Railroad  company. 

§ 702.  West  Chicago  Street  Railroad  company. 

8 703.  West  Chicago  Street  Railroad  company. 

§ 704.  West  Chicago  Street  Railroad  company. 


1543 


1544 


STREET  RAILWAYS. 


[§  664 


OGDEN  STREET  RAILWAY  COMPANY. 

§ 664.  Ogden  Street  Railway  company. 

TT  1.  Preamble. 

if  2.  Grant — term — route. 

if  2 Yl.  Grant  to  connect  tracks  already  laid. 

If  3-  Construction  of  tracks — rails. 

•jf  4.  Motive  power — passenger  traffic — restoration  of  streets, 
if  5.  Rate  of  fare — transfers — free  riders, 
if  6.  Time  of  completion — repair  of  streets, 
if  7.  License — compensation  to  city, 
if  8.  Heating  cars. 

if  9.  Damages  to  abutting  owners — indemnity, 
if  10.  Term  of  grant — acceptance, 
if  11.  Bond, 
if  12.  When  in  force. 

An  ordinance  granting  certain  rights  and  privileges  to  the  Ogden  Street  Railway 

company  in  the  city  of  Chicago,  county  of  Cook  and  state  of  Illinois. 

(Passed  February  18,  1895.  Accepted  March  11,  1895.) 

if  1.  Preamble.]  Whereas,  The  Ogden  Street  Railway  Com- 
pany caused  a notice  to  be  published  in  the  Chicago  Times,  a daily 
newspaper  of  general  circulation,  published  in  the  city  of  Chicago, 
county  of  Cook  and  state  of  Illinois,  on  March  1st,  1893,  and  for  each 
day  thereafter  until  March  10,  1893,  inclusive,  that  it  would,  on  Mon- 
day, the  13th  day  of  March,  1893,  at  the  hour  of  7:30  o’clock,  p.  m., 
or  as  soon  thereafter  as  may  be  at  the  Council  Chamber,  in  the  city 
hall,  of  the  city  of  Chicago,  present  to  the  city  council  of  the  city  of 
Chicago,  its  petition  asking  for  an  ordinance  from  said  council,  giv- 
ing and  granting  to  said  railway  company,  its  successors  and  assigns, 
authority  and  consent  to  construct,  lay  down,  locate  and  operate,  with 
cable,  electric  or  horse  power,  a single  or  double  track  street  railway, 
with  all  necessary  side  tracks,  turnouts,  turn-tables  and  switches,  and 
all  necessary  poles,  wires  and  electrical  conductors  for  furnishing 
electrical  power,  for  the  term  of  twenty  (20)  years  from  the  passage 
of  said  ordinance: 

On  West  Forty-eighth  street,  or  Hyman  avenue,  from  West  Mad- 
ison street  to  West  Twelfth  street. 

On  West  Forty-fourth  street,  or  Richmond  avenue,  from  West 
Madison  street  to  West  Twelfth  street. 

On  West  Harrison  street,  from  West  Forty-fourth  street,  or  Rich- 
mond avenue,  to  West  Forty-eighth  street,  or  Hyman  avenue. 

On  West  Twelfth  street,  from  West  Fortieth  street,  or  Crawford 
avenue,  to  West  Forty-eighth  street,  or  Hyman  avenue. 

On  West  Fortieth  street,  or  Crawford  avenue,  from  West  Madi- 
son street  to  West  Thirty-third  street. 

On  West  Twenty-sixth  street,  from  West  Forty-fourth  street,  or 
Richmond  avenue,  to  West  Forty-sixth  street,  or  city  limits  of  the 
city  of  Chicago. 

On  West  Forty-fourth  street,  or  Richmond  avenue,  from  West 
Twenty-fifth  street  to  West  Twenty-sixth  street. 


§ 6^4] 


OGDEN  STREET  RAILWAY  COMPANY. 


1545 


On  West  Twenty-fifth  street,  or  Coulter  street,  from  Oakley  ave- 
nue to  West  Forty-fourth  street,  or  Richmond  avenue. 

On  West  Sixteenth  street,  from  Albany  avenue  to  West  Forty- 
sixth  street,  or  city  limits  of  the  city  of  Chicago. 

And  that  accordingly,  at  the  time  and  place  mentioned  in  said  no- 
tice, said  company  presented  to  said  city  council  of  the  city  of  Chi- 
cago, its  petition  for  an  ordinance,  substantially  as  proposed  in  said 
notice,  which  said  petition  and  ordinance  was  received  by  said  coun- 
cil, ordered  published,  and  referred  to  the  committee  on  streets  and 
alleys  for  the  west  division  of  said  city. 

That  on  March  13th  and  24th,  1893,  petitions  of  property  owners 
representing  a majority  of  the  frontage  on  the  streets  named  in  said 
publication  notice,  were  presented  to  said  city  council,  asking  for  the 
passage  of  an  ordinance  authorizing  said  Ogden  Street  Railway  Com- 
pany to  construct  a street  railway  on  the  streets  named  in  said  pub- 
lication notice,  which  said  petitions  were  referred  by  the  city  council 
to  the  department  of  public  works  for  verification. 

And  that  on  March  20th,  1893,  the  committee  on  streets  and  al- 
leys for  the  west  division  of  the  city  of  Chicago,  submitted  a report  to 
the  city  council  of  the  city  of  Chicago,  recommending  the  passage  of 
the  ordinance  aforesaid,  which  report  was  deferred,  ordered  published, 
and  said  ordinance  was  duly  published  in  the  publication  known  as 
“Proceedings  of  the  City  Council  of  the  City  of  Chicago,”  on  said 
date. 

That  on  April  5th,  1893,  the  commissioner  of  public  works  of  the 
city  of  Chicago,  submitted  a report  showing  the  property  frontage, 
together  with  the  frontage  as  signed  for  the  passage  of  said  ordinance, 
as  shown  by  the  petitions  hereinbefore  mentioned  and  referred  to  said 
department,  which  report  shows  that  said  petitions  were  signed  by 
the  owners  of  land  representing  more  than  one-half  of  the  frontage  of 
each  mile  and  of  each  fractional  mile  of  so  much  of  the  streets  men- 
tioned in  said  ordinance  as  was  sought  to  be  used  for  railway  pur- 
poses. 

That  on  July  24th,  1893,  the  committee  on  streets  and  alleys  for 
the  west  division  of  the  city  of  Chicago  recommended  to  the  city  coun- 
cil of  the  city  of  Chicago,  that  said  ordinance  be  placed  on  file,  and 
said  recommendation  was  concurred  in  by  the  city  council  at  that  time. 

That  on  the  10th  day  of  December,  A.  D.  1894,  an  order  was 
passed  by  the  city  council  of  the  city  of  Chicago,  taking  said  ordi- 
nance from  the  files  and  committing  it  to  the  committee  on  streets  and 
alleys  for  the  west  division  of  the  city  of  Chicago ; and 

Whereas,  Said  Ogden  Street  Railway  Company  caused  a notice 
to  be  published  in  the  “Chicago  Evening  Post,”  a daily  newspaper  of 
general  circulation  published  in  the  city  of  Chicago,  county  of  Cook, 
and  state  of  Illinois,  on  the  26th  day  of  December,  A.  D.  1894,  that 
the  Ogden  Street  Railway  Company  would  on  the  7th  day  of  Janu- 
ary, A.  D.  1895,  at  the  hour  of  7:30  p.  m.,  or  as  soon  thereafter  as 


1546 


STREET  RAILWAYS. 


[§  664 


may  be,  at  the  place  of  meeting  of  the  city  council  of  the  city 
of  Chicago,  county  of  Cook,  and  State  of  Illinois,  in  the 
City  Hall,  in  said  city  of  Chicago,  present  to  said  city  council  its  pe- 
tition, asking  said  city  council  to  grant  , its  consent  to  said  Ogden 
Street  Railway  Company,  its  successors  and  assigns,  to  locate,  con- 
struct, lay  down,  maintain  and  operate,  with  horse,  electric  cable  or 
other  motive  power  a single  or  double  track  street  railway,  with  all 
necessary  side-tracks,  turn-outs,  turn-tables  and  switches,  and  all  ne- 
cessary poles,  wires  and  electrical  conductors  for  furnishing  electrical 
power,  for  the  term  of  twenty  (20)  years  from  the  granting  of  said 
consent,  upon,  in  and  along: 

Ogden  avenue,  from  the  center  line  of  West  Fortieth  street,  or 
Crawford  avenue,  to  the  center  line  of  West  Forty-sixth  street,  or 
west  city  limits  of  the  city  of  Chicago. 

On  West  Twenty-sixth  street,  from  the  center  line  of  West  For- 
tieth street,  or  Crawford  avenue,  to  the  center  line  of  West  Forty- 
fourth  street,  or  Richmond  avenue. 

On  Thirty-first  street,  from  the  center  line  of  West  Fortieth  street, 
or  Crawford  avenue,  to  the  center  line  of  West  Forty-fourth  street, 
or  Richmond  avenue. 

With  the  right  to  connect  said  tracks  with  any  of  the  railroad 
tracks  of  said  company,  or  with  other  railroad  tracks,  upon  a curve 
or  otherwise. 

That  accordingly,  at  the  time  and  place  mentioned  in  said  notice 
said  company  presented  to  said  city  council  of  the  city  of  Chicago, 
its  petition  for  an  ordinance  substantially  as  proposed  in  said  notice, 
which  said  petition  and  ordinance  was  received  by  said  council,  or- 
dered published  and  referred  to  its  committee  on  streets  and  alleys 
for  the  west  division  of  the  city  of  Chicago. 

That  said  ordinance  was  duly  published  in  the  publication  known 
as  “Council  Proceedings  of  the  City  of  Chicago,”  for  January  7th, 
1895. 

That  on  January  7th,  1895,  said  company  presented  a petition  of 
owners  of  property  fronting  on  said  streets,  mentioned  in  said  publi- 
cation notice,  asking  the  city  council  to  grant  its  consent  to  said  Og- 
den Street  Railway  Company  to  construct  and  operate  a street  rail- 
road on  the  streets  named  in  said  publication  notice,  which  said  pe- 
tition of  property  owners  was  duly  referred  to  the  department  of  pub- 
lic works  for  verification,  with  the  direction,  after  said  verification, 
to  send  the  same  to  the  committee  on  streets  and  alleys  for  the  west 
division  of  said  city. 

That  on  the  eleventh  day  of  January,  A.  D.  1895,  the  commis- 
sioner of  public  works  made  his  report  to  said  committee,  showing 
that  said  petition  of  property  owners  was  signed  by  the  owners  of 
land  representing  more  than  one-half  of  the  frontage  of  each  mile 
and  of  each  fractional  mile  of  so  much  of  the  streets  named  in  said 
publication  notice  as  was  sought  to  be  used  for  railway  purposes. 


§ 664]  OGDEN  STREET  RAILWAY  COMPANY.  1547 

That  on  the  fourteenth  day  of  January,  A.  D.  1895,  said  commit- 
tee on  streets  and  alleys  for  the  west  division  of  the  city  of  Chicago 
held  a formal  and  open  public  hearing  on  the  matter  of  said  petitions 
presented  to  the  city  council  of  the  city  of  Chicago  on  March  13th, 
1893,  and  January  7th,  1895,  and  the  proposed  ordinances  thereunder, 
at  which  full  opportunity  was  given  to  all  and  every  person  who  might 
be  concerned  therein  to  attend  and  make  any  objections  that  they 
might  see  fit  to  present,  and  no  objection  being  made  by  or  on  be- 
half of  any  one  to  the  proposed  ordinances,  or  to  the  petitions  of 
owners  therein  mentioned,  and  it  appearing  to  said  committee  that 
the  owners  of  land  representing  more  than  one-half  of  the  frontage 
of  each  mile  and  of  each  fractional  mile  of  so  much  of  said  streets 
as  are  described  in  this  ordinance,  said  committee  decided  to  place  on 
file  said  two  ordinances  for  the  construction  of  said  street  railway,  and 
to  adopt  and  recommend  to  the  city  council  for  passage  a substitute 
therefor,  in  conformity  to  said  report  of  the  commissioner  of  public 
works;  therefore 

T 2.  Grant — term — route.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  Upon  the  petitions  of  the  Ogden  Street 

Railway  Company,  and  upon  due  notice  by  publication  in  a newspaper 
published  in  the  city  of  Chicago,  of  the  time  and  place  of  presenting 
said  petitions  to  said  city  council  of  the  city  of  Chicago,  more  than 
ten  days  prior  to  the  presenting  of  said  petitions,  and  upon  the  peti- 
tion of  the  owners  of  land  representing  more  than  one-half  of  the 
frontage  of  each  mile  and  of  each  fractional  mile  of  so  much  of  the 
streets  herein  named  as  is  sought  to  be  used  for  railway  purposes,  and 
in  consideration  of  the  acceptance  hereof,  and  the  undertaking  of  the 
Ogden  Street  Railway  Company  to  comply  with  the  provisions  herein 
contained,  consent,  permission  and  authority  are  hereby  granted  to 
said  Ogden  Street  Railway  Company,  its  successors  and  assigns,  and 
the  said  company  is  hereby  required  to  lay  down,  construct,  maintain 
and  operate  for  the  period  of  twenty  (20)  years  from  the  passage  here- 
of, a single  or  double  track  street  railroad,  with  all  necessary  and  con- 
venient turn-outs,  side-tracks  and  switches,  in,  upon,  over  and  along 
the  following  streets  and  parts  of  streets  in  the  city  of  Chicago,  viz.: 

On  West  Forty-eighth  street,  or  Hyman  avenue,  from  the  north 
line  of  West  Madison  street  to  the  center  line  of  West  Twelfth  street. 

On  West  Twelfth  street,  from  the  center  line  of  West  Fortieth 
street,  or  Crawford  avenue,  to  the  center  line  of  West  Forty-eighth 
street,  or  Hyman  avenue. 

On  West  Fortieth  street,  or  Crawford  avenue,  from  the  north  line 
of  West  Madison  street  to  the  center  line  of  West  Thirty-first  street. 

On  Ogden  avenue,  from  the  center  line  of  West  Fortieth  street, 
or  Crawford  avenue,  to  the  center  line  of  West  Forty-sixth  street,  or 
west  city  limits  of  the  city  of  Chicago. 

On  West  Twenty-sixth  street,  from  the  center  line  of  West  For- 


1548  STREET  RAILWAYS.  [§  664 

tieth  street,  or  Crawford  avenue,  to  the  center  line  of  West  Forty-sixth 
street,  or  west  city  limits  of  the  city  of  Chicago. 

On  Thirty-first  street,  from  the  center  line  of  West  Fortieth  street, 
or  Crawford  avenue,  to  the  center  line  of  West  Forty-fourth  street  or 
Richmond  avenue. 

Said  company  shall  have  the  right  to  connect  said  tracks  by 
curves  in  said  streets  at  any  and  all  junctions  thereof,  and  to  connect 
any  of  the  railroad  tracks  of  said  company  with  other  railroad  tracks 
upon  a curve  or  otherwise,  and  across  the  intersecting  tracks  of  steam 
railroad  companies,  either  at  grade  or  by  viaducts  or  subways;  if  by 
viaducts  or  subways,  such  viaducts  or  subways  may  be  constructed 
either  on  the  streets  herein  named,  at  their  intersection  with  said 
steam  railroads,  or  on  or  through  private  property;  if  said  viaducts 
or  subways  are  constructed  upon  private  property,  the  hight  is  hereby 
given  to  cross  intervening  streets  and  alleys  where  necessary,  but  all 
such  crossings  and  such  viaducts  and  subways  must  be  approved  by 
and  constructed  under  the  supervision  of  the  mayor  and  the  commis- 
sioner of  public  works. 

1 2x/2.  Grant  to  connect  tracks  already  laid.]  §i y2.  That 
the  consent,  permission  and  authority  hereby  granted  are  upon  the 
express  condition  that  the  West  Chicago  Street  Railway  Company 
shall  have  the  right  and  privilege  to  run  its  cars  on  so  much  of  the 
tracks  hereby  authorized  to  be  laid  in  West  Twelfth  street  and  Ogden 
avenue  as  lie  between  West  Fortieth  street  and  West  Forty-sixth 
street,  and  to  connect  the  same  with  its  tracks  already  laid  on  said 
West  Twelfth  street  and  Ogden  avenue. 

1 3.  Construction  of  tracks— rails.]  § 2.  The  tracks  of  said 
street  railroad  shall  not  be  elevated  above  the  surface  of  the  street, 
except  for  the  purpose  of  crossing  steam  railroads,  and  shall  be  laid 
with  modern  improved  rails,  to  be  approved  by  the  mayor  and  com- 
missioner of  public  works,  and  in  such  manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in 
all  directions  without  obstruction,  and  shall  also  be  laid  as  near  to 
the  center  of  each  street  as  practicable. 

If  4.  Motive  power — passenger  traffic— restoration  of  streets.] 

§ 3.  The  cars  to  be  used  on  said  lines  of  street  railroad  may 
be  operated  by  animal,  electric  or  cable  power,  and  shall  be  used  for 
no  other  purpose  than  to  carry  passengers  and  their  ordinary  baggage. 

In  case  the  said  company  shall  use  cable  power,  the  method  of 
laying  and  constructing  such  cable  and  operating  the  same  shall  in 
all  respects  be  the  same,  and  be  governed  by  the  same  conditions  and 
limitations  as  provided  by  an  ordinance  of  the  city  council  of  the  city 
of  Chicago,  passed  June  7th,  1886,  authorizing  the  North  Chicago 
City  Railway  Company  to  use  cable  power,  Sections  3475  and  3477  of 
the  compiled  laws  and  ordinances  of  the  city  of  Chicago,  edition  of 
1890. 


§ 664] 


OGDEN  STREET  RAILWAY  COMPANY. 


1549 


And  in  case  said  company  shall  use  electric  power,  it  may  be  done 
by  means  of  electric  overhead  contact  wires.  Such  overhead  wires, 
together  with  the  necessary  span  wires,  feeder  wires  and  such  other 
wires  as  may  be  required  by  said  company  for  electrical  purposes, 
shall  be  suspended  from  poles  set  within  the  curb  line  limits  of  each 
street,  and  adjoining  thereto  on  either  side  thereof,  the  placing  of 
such  poles  to  be  determined  by  the  mayor  and  commissioner  of  pub- 
lic works;  but  after  the  streets  upon  which  said  lines  of  railroad  here- 
by authorized  shall  have  been  wholly  paved,  only  poles  of  ornamental 
iron  or  steel  shall  be  permitted. 

Said  contact  wires,  span  wires  and  feeder  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  (18^2)  feet  above  the  grade  of  each 
street  respectively.  Said  poles  and  supports  shall  be  placed  on  an 
average  of  not  less  than  one  hundred  and  fifteen  (1 1 5)  feet  apart.  No 
poles  shall  be  set  at  the  intersection  of  streets  and  alleys. 

Before  making  any  excavation  or  in  any  wise  interfering  with  the 
surface  of  any  street  or  alley,  said  company  shall  obtain  from  the  com- 
missioner of  public  works  a permit  therefor,  and  shall  deposit  with  the 
treasurer  of  the  city  of  Chicago  a sum  sufficient  to  cover  the  cost  of 
restoring  such  street  or  alley,  according  to  an  estimate  of  the  probable 
cost  thereof,  to  be  made  by  the  commissioner  of  public  works. 

Said  company  shall  establish  and  maintain  a metallic  return  circuit 
conductor,  independent  of  its  rails,  upon  all  the  lines  of  street  railroad 
hereby  authorized. 

Wherever  other  lines  of  wire  cross  the  wires  to  be  strung  by  virtue 
of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires  or 
other  suitable  mechanical  device,  as  may  be  directed  by  the  commis- 
sioner of  public  works. 

1 5.  Rate  of  fare— transfers— free  riders.]  § 4.  The  rate  of 
fare  shall  be  five  (5)  cents  for  a continuous  trip,  between  the  terminal 
points  on  the  lines  of  said  Ogden  Street  Railway  Company,  and  in- 
cluding the  lines  of  the  Cicero  and  Proviso  Street  Railway  Company, 
from  either  one  to  the  other,  which  shall  include  the  right  to  free  trans- 
fer at  any  and  all  junctions  of  the  lines  of  the  Ogden  Street  Railway 
Company  with  each  other,  or  with  the  lines  of  the  Cicero  and  Proviso 
Street  Railway  Company,  transfers  as  above  to  be  issued  and  accepted 
interchangeably  by  both  said  railway  companies  from  either  one  to 
the  other  to  complete  such  continuous  trip,  and  children  under  the  age 
of  five  (5)  years,  when  accompanied  by  an  adult  person,  and  the  city 
police  and  firemen  in  uniform  shall  ride  free,  and  the  rate  of  fare  for 
children  under  the  age  of  twelve  (12)  years  shall  be  three  (3)  cents. 

1 6.  Time  of  completion— repair  of  streets.]  § 5.  At  least 
five  (5)  miles  of  single  track,  herein  authorized,  shall  be  built  and  in 
operation  within  two  (2)  years  after  the  passage  of  this  ordinance,  and 
unless  the  same  shall  be  built  and  in  operation  within  said  time,  the 
city  of  Chicago  shall  have  the  right  to  remove  all  tracks  and'  other 


1550 


STREET  RAILWAYS. 


obstacles  placed  in  the  streets  by  virtue  of  this  ordinance,  and  the  said 
company  agrees  to  pay  to  the  city  for  the  cost  of  such  removal. 

But  should  the  construction  of  said  tracks,  or  any  part  thereof,  be 
delayed  by  injunction  of  any  court,  or  by  the  action  of  the  city  of  Chi- 
cago, then,  as  to  the  portion  so  delayed,  the  time  of  such  delay  shall 
not  be  counted  as  any  part  of  the  time  herein  limited.  But  the  time 
during  which  said  company  may  be  so  delayed,  as  aforesaid,  £hall  be 
reckoned  only  from  the  time  when  the  said  company  shall  have  given 
notice  to  the  corporation  counsel  of  the  city  of  Chicago  of  the  institu- 
tion of  such  legal  proceedings,  as  aforesaid. 

The  city  shall  have  the  right  to  intervene  in  any  suit  for  an  injunc- 
tion to  restrain  the  said  company,  as  aforesaid,  and  move  for  the  disso- 
lution of  the  injunction  or  for  any  other  proper  order  in  such  suit. 
And  immediately  upon  the  laying  of  said  railroad  tracks,  said  Ogden 
Street  Railway  Company  shall  pave,  with  wooden  blocks,  the  center 
sixteen  (16)  feet  of  said  streets  between  the  outside  rails  of  said  tracks, 
where  double  tracks  are  laid,  and  eight  (8)  feet  in  width  of  said  streets 
where  a single  track  is  laid,  including  the  space  between  the  rails  of 
such  single  track,  and  shall  pave  between  the  rails  of  all  turn-outs  and 
side-tracks;  all  such  pavement  to  be  maintained  by  said  company  dur- 
ing the  life  of  this  ordinance,  and  if  the  said  company  shall  refuse  so 
to  do,  the  same  may  be  done  by  the  city,  and  the  company  shall  be 
liable  to  pay  the  city  for  the  cost  thereof. 

1 7.  License— compensation  to  city.]  § 6.  The  said  Og- 
den Street  Railway  Company  shall  pay  into  the  city  treasury  of  the 
city  of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  dollars  ($50) 
as  an  annual  license  fee  for  each  and  every  car  used  by  said  company, 
on  each  of  said  lines  herein  authorized,  in  the  manner  following:  In 

computing  the  number  of  cars  upon  which  said  license  charge  may  be 
imposed,  thirteen  (13)  round  trips,  when  one  car  is  used  in  the  trans- 
portation of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use 
of  the  car;  one-thirteenth  of  such  round  trips  during  each  quarter  shall 
be  divided  by  the  number  of  days  in  such  quarter,  such  quotient  shall 
be  the  number  of  cars  subject  to  license  fee.  The  president  or  other 
chief  officer  of  said  company  shall,  under  oath,  make  report  quarter- 
yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole  number 
of  cars  so  run  by  said  company,  and  at  the  same  time  pay  to  said  comp- 
troller twelve  and  50-100  dollars  ($12.50)  for  each  car,  to  be  ascer- 
tained as  above  prescribed  in  this  section.  The  first  quarter  shall 
begin  on  the  first  day  upon  which  said  company  shall  run  a car  or 
cars  for  the  carriage  of  passengers. 

After  the  expiration  of  five  (5)  years  from  the  date  of  the  passage 
this  ordinance  the  said  company  shall  annually  pay  into  the  treasury 
of  the  city  of  Chicago,  in  addition  to  the  annual  license  fee  above  pro- 
vided, a percentage  of  the  gross  receipts  to  be  derived  by  said  com- 
pany from  the  operation  of  the  road  hereby  authorized,  and  of  the 
extension  of  the  same  on  Ogden  avenue,  Thirty -first,  Twenty-fifth, 


§ 664] 


OGDEN  STREET  RAILWAY  COMPANY. 


1551 


Twenty-sixth  and  Twelfth  streets,  in  the  town  of  Cicero,  to  Harlem 
avenue,  as  compensation  for  the  benefits  conferred  by  this  ordinance 
upon  said  company,  as  follows: 

One-fourth  per  cent  for  five  years. 

One-half  per  cent  for  the  following  period  of  five  years. 

Three-fourths  of  one  per  cent  for  the  last  period  of  five  years. 

If  8.  Heating  cars.]  § 7.  The  cars  upon  the  lines  hereby 
authorized  shall  be  provided  during  the  months  of  November,  Decem- 
ber, January,  February  and  March  of  each  year  with  heating  apparatus 
of  a kind  and  nature  which  shall  be  reasonably  effective  in  raising  the 
temperature  of  said  cars  and  heating  the  same;  and  said  apparatus 
shall  be  operated  at  such  times  during  the  months  aforesaid  as  the 
nature  of  the  weather  and  degree  of  temperature  shall  require. 

ti  9.  Damages  to  abutting  owners — indemnity.]  § 8.  The 

consent  hereby  granted  is  granted  upon  the  condition  that  said  Ogden 
Street  Railway  Company  shall  pay  all  damages  to  owners  of  property 
abutting  upon  said  streets  or  parts  of  streets  upon  or  over  which  its 
said  road  may  be  constructed,  which  said  owners  may  sustain  by  rea- 
son of  the  location  or  construction  of  said  street  railroad,  and  shall 
hold  and  save  harmless  the  city  of  Chicago  from  any  and1  all  costs, 
charges,  expenses  and  damages  resulting  from  its  negligence,  or  the 
negligence  of  its  servants,  in  exercising  or  attempting  to  exercise  any 
rights  under  this  ordinance  given,  and  any  and  all  damages  that  shall 
arise  to  owners  of  property  by  reason  of  the  passage  of  this  ordinance, 
holding  and  keeping  the  said  city  of  Chicago  as  good  financially  as  if 
this  ordinance  had  never  been  passed. 

If  10.  Term  of  grant— acceptance.]  § 9.  The  grant  hereby 
given  shall  extend  to  the  period  of  twenty  (20)  years  from'  the  passage 
hereof,  provided  the  same  shall  be  accepted  by  said  Ogden  Street  Rail- 
way Company  within  thirty  (30)  days  after  its  passage. 

1 11.  Bond  .]  § 10.  Said  Ogden  Street  Railway  Company, 

its  successors  and  assigns,  shall,  within  thirty  (30)  days  from  the  pass- 
age of  this  ordinance,  execute  a bond  to  said  city  of  Chicago  in  the 
penal  sum  of  fifteen  thousand  ($15,000)  dollars,  conditioned  to  indem- 
nify and  save  harmless  the  said  city  of  Chicago  from  any  and  all  dam- 
ages which  may  accrue  or  arise  or  grow  out  of  the  exercise  by  said 
Ogden  Street  Railway  Company,  its  successors  or  assigns,  of  the  priv- 
ileges hereby  granted,  and  also  conditioned  for  the  faithful  observance 
and  performance  of  all  the  conditions  and  provisions  of  this  ordinance 
to  be  observed  and  performed  on  the  part  of  said  company. 

IT  12.  When  in  force.]  § 11.  This  ordinance  shall  take  effect 
from  and  after  its  passage;  Provided,  that  if  said  Ogden  Street  Rail- 
way Company  shall  not  file  with  the  city  clerk  of  the  city  of  Chicago, 
within  thirty  (30)  days  from  the  passage  of  this  ordinance,,  its  written 
acceptance  of  this  ordinance,  together  with  the  bond  herein  required, 
then  this  ordinance  shall  be  void  and  of  no  effect,  and  all  rights  herein 
granted  shall  absolutely  cease  and  determine. 


STREET  RAILWAYS. 


[§  665 


1552 

GEORGE  M.  PULLMAN. 

§ 665.  George  M.  Pullman. 

If  1.  Grant — route. 

*|f  2.  Passenger  traffic — tracks,  how  constructed. 

^f  3.  Improvement  and  repair  of  streets. 

^f  4.  Rate  of  fare.  ....  ? 

if  5.  Motive  power. 

if  6.  Reservation  of  rights. 

if  7.  Term  of  grant — subject  to  ordinances. 

if  8.  Indemnity  bond. 

An  ordinance  granting  permission  to  George  M.  Pullman  to  lay  track  for  a street 
railroad  in  Pullman.  (Passed,  approved  and  filed  July  1,  1889.  Accepted 
July  2,  1889.  Bond  filed  July  2,  1889.) 

IT  1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  permission  and 

authority  is  hereby  granted  to  George  M.  Pullman,  his  assigns  and 
successors,  to  construct,  maintain  and  operate  a single  or  double 
track  street  railway,  with  all  necessary  side  tracks,  switches  and  turn- 
tables, in  streets  and  parts  of  streets  as  follows,  to  wit:  Commencing 

at  114th  street  and  Watt  avenue,  thence  south  to  115th  street,  thence 
west  on  115th  street  to  the  corner  of  Morse  avenue,  thence  north  in 
Morse  avenue  to  the  corner  of  114th  street,  thence  east  on 
114th  street  to  Watt  avenue,  thence  north  on  Watt  avenue 
to  Park  avenue,  thence  west  on  Park  avenue  to  Arcade 
building,  thence  north  crossing  mth  street  and  continuing  north  to 
108th  street,  thence  east  to  Stephenson  street,  thence  north  on  Ste- 
phenson street  and  Pullman  avenue  to  105th  street,  thence  east  on 
105th  street  to  Ericsson  avenue,  thence  north  on  Ericsson  avenue  to 
104th  street,  thence  west  on  104th  street  to  Cottage  Grove  avenue, 
thence  south  on  Cottage  Grove  avenue  to  105th  street;  and  with  per- 
mission to  extend  the  same  upon,  along  and  across  such  other  streets, 
avenues  and  alleys  within  the  town  of  Pullman  and  upon  the  property 
owned  by  Pullman’s  Palace  Car  Company,  or  the  Pullman  Land  As- 
sociation, as  may  be  necessary  or  convenient  in  the  operation  of  said 
road,  with  the  right  to  occupy  and  cross  all  streets  and  alleys  which 
are  necessary  to  be  occupied  or  crossed  in  the  construction,  opera- 
tion and  maintenance  of  said  road;  with  the  privilege  of  erecting  and 
maintaining  such  necessary  poles  and  wires  upon  the  route  of  said 
track  or  tracks  as  may  be  necessary  in  making  an  overhead  circuit 
for  the  electrical  operation  of  cars.  The  said  single  or  double  tracks 
to  be  placed  upon  the  center  sixteen  (16)  feet  of  streets  occupied. 

T 2.  Passenger  traffic— tracks,  how  constructed.]  § 2.  The 

cars  to  be  used  upon  said  tracks  shall  be  used  only  to  transfer  passen- 
gers and  their  ordinary  baggage,  and  the  cars  and  carriages  shall  be 
of  the  best  style  and  class  in  use  in  street  railways.  The  tracks  of 
said  railway  shall  not  be  elevated  above  the  surface  of  the  streets, 
and  shall  be  laid  with  modern  improved  rails,  and  shall  be  so  laid  that 


§ 665] 


GEORGE  M.  PULLMAN. 


1553 


carriages  and  other  vehicles  can  easily  and  freely  cross  said  tracks  at 
any  point,  and  in  any  and  all  directions  without  obstruction;  and  the 
damage,  if  any,  done  to  private  property  by  the  construction  of  said 
tracks  shall  be  paid  for  by  the  said  George  M.  Pullman. 

1 3.  Improvement  and  repair  of  streets.]  § 3.  The  said 
George  M.  Pullman,  his  assigns  and  successors,  shall  keep  sixteen 
(16)  feet  in  width,  being  the  sixteen  feet  occupied  by  said  tracks,  of 
said  streets  and  parts  of  streets,  so  occupied  by  tracks,  in  good  order 
and  condition  during  the  whole  time  that  said  streets,  or  parts  of 
streets,  shall  be  occupied  by  said  tracks. 

1"  4.  Rate  of  fare.]  § 4.  The  rate  of  fare  for  any  distance  on 
said  tracks  shall  not  exceed  five  (5)  cents,  except  where  cars  or  car- 
riages shall  be  chartered  for  a specific  purpose. 

T 5.  Motive  power.]  § 5.  The  cars  to  be  used  on  said  tracks 
shall  be  operated  by  electricity  or  steam,  and  if  by  the  latter,  by  the 
means  of  a cable  or  cables,  as  m other  cable  railways. 

T 6.  Reservation  of  rights.]  § 6.  The  village  of  Hyde  Park, 
for  itself  and  its  successors,  reserves  the  right  to  put  in  sewerage,  gas, 
water  or  any  other  improvements,  which  may  be  required  at  any 
place  in  said  avenues  or  streets,  using  due  care  and  diligence,  with- 
out any  liability  for  damages  to  said  George  M.  Pullman,  his  assigns 
and  successors,  for  so  doing. 

H 7.  Term  of  grant— subj  ect  to  ordinances.]  § 7.  The 

rights  and  privileges  hereby  granted  shall  continue  for  the  time  and 
space  of  twenty  (20)  years  from  the  passage  and  approval  of  this  or- 
dinance, and  shall  be  subject  to  all  the  ordinances  of  the  village  of 
Hyde  Park,  and  its  successors,  now  existing  or  which  may  hereafter 
be  passed  by  said  village  and  its  successors. 

If  8.  Indemnity  bond,]  § 8.  This  ordinance  shall  not  take 
effect  until  after  said  George  M.  Pullman  shall  have  entered  into  a 
bond  with  or  to  said  village  of  Hyde  Park,  and  its  successors,  in  the 
penal  sum  of  twenty-five  thousand  dollars  ($25,000),  conditioned  for 
the  payment  of  all  damages  for  which  said  village  shall  become  liable 
to  any  person  or  persons  by  reason  of  the  granting  of  the  privileges 
hereby  given  for  a street  railroad  running  through  a portion  of  said 
village,  and  by  reason  of  the  construction,  laying  down  and  operating 
of  such  street  railroad,  and  by  using  and  occupying  said  avenues, 
streets  and  alleys  as  herein  provided,  by  said  George  M.  Pullman,  his 
assigns  and  successors. 


1554 


STREET  RAILWAYS. 


[§  666 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 

Successor  to  Ewing  Avenue  Horse  Railway  company  and  Grand  Crossing  & 
Windsor  Park  Railway  company. 

§ 666.  South  Chicago  City  Railway  company. 

If  i.  Grant — route. 

IT  2.  Tracks,  how  constructed. 

If  3.  Position  of  tracks. 

TT  4.  Motive  power. 

If  5.  Passenger  traffic — running  time. 

If  6.  Improvement  and  repair  of  streets, 
if  7.  Rate  of  fare, 
if  8.  Time  of  completion, 
it  9-  Indemnity  clause. 

t IT  10.  Removal  of  tracks — power  of  council. 

„ if  11.  Restoration  of  rights. 

if  12.  Grant  twenty  years — subject  to  ordinances. 

An  ordinance  granting  permission  to  the  Ewing  Avenue  Horse  Railway  com- 
pany to  construct,  maintain  and  operate  a street  railway.  (Passed  and  ap- 
proved September  27,  1883.)  ~ 

T 1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  in  consideration 

of  the  acceptance  hereof,  and  the  undertaking  of  the  Ewing  Avenue 
Horse  Railway  Company  to  comply  with  the  provisions  herein  con- 
tained, authority,  permission  and  consent  are  hereby  given,  granted 
and  duly  vested  in  said  company  to  lay  down,  operate  and  maintain 
a single  or  double  track  railway,  with  necessary  turn-outs,  side-tracks 
and  switches,  in,  upon  and  along  Ewing  avenue  and  Ewing  avenue 
bridge  from  Harbor  avenue  to  106th  street,  and  in,  upon  and  along 
106th  street  and  106th  street  bridge,  from  Ewing  avenue  west 
to  Torrence  avenue;  Provided,  that  no  side-track,  turn-outj 
or  switch  shall  be  laid  in,  upon  or  along  said  bridges;  and,  provided 
further,  that  said  company  shall  not  use  or  occupy,  or  have  the  right 
to  use  or  occupy  with  its  said  tracks,  side-tracks,  turn-outs  or  switches, 
at  any  point  on  said  street  or  avenue  more  than  fourteen  feet  thereof 
in  width. 

IT  2.  Tracks,  how  constructed.]  § 2.  The  tracks  of  said  rail- 
way shall  be  laid  as  near  the  center  of  the  street  as  practicable,  with 
modern  improved  rails;  shall  not  be  elevated  above  the  surface  of  the 
street,  and  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  said  tracks  at  any  and  all  points,  and  in  any  and  all  di- 
rections without  obstruction. 

If  3.  Position  of  tracks.]  § 3.  No  track,  turn-out,  side-track 
or  switch  shall  be  laid  within  twenty-eight  feet  of  the  lot  line,  except 
in  turning  corners,  and  then  no  nearer  than  may  be  required  to  make 
the  necessary  curves. 

‘ 1"  4.  Motive  power.]  § 4.  The  cars  to  be  used  on  said  tracks 
shall  be  operated  with  animal  power  only,  and  shall  not  connect  with 
any  other  railroad  on  which  other  power  is  used;  and  no  railway  car 


§ 666]  SOUTH  CHICAGO  CITY  RAILWAY  COMPANY.  1555 

or  carriage  used  upon  any  other  railroad  shall  be  used  upon  said 
tracks. 

IT  5.  Passenger  traffic— running  time,]  § 5.  The  said  track 
or  tracks  and  the  cars  operated  thereon  shall  be  used  for  no  other 
purpose  than  to  transport  passengers,  except  that  the  company  may 
use  its  tracks  for  the  transportation  of  material  to  be  used  in  the  con- 
struction of  its  roadbed  and  railway;  and  the  said  cars  shall  be  of  the 
best  style  and  class.  The  board  of  trustees  shall  have  power  to  regu- 
late the  running  time  and  number  of  cars  to  be  run  from  time  to  time 
upon  the  line  of  said  railway,  as  the  public  convenience  may  require. 

1"  6.  Improvement  and  repair  of  streets.]  § 6.  The  said 
company,  as  respects  the  grading,  paving,  macadamizing,  filling, 
planking,  repairing  or  using  of  said  avenue,  bridges  and  street,  upon 
which  it  is  hereby  authorized  to  construct  said  railway,  shall  keep  six- 
teen feet  in  width  where  two  tracks  are  laid,  and  eight  feet  in  width 
where  one  track  is  laid,  in  good  repair  and  condition  during  all  the 
time  to  which  the  privileges  hereby  granted  shall  extend,  in  accord- 
ance with  whatever  order  or  regulation  respecting  the  ordinary  re- 
pair thereof  may  be  passed  or  adopted  by  the  board  of  trustees;  and 
when  any  new  improvement,  paving,  repairing,  planking,  filling  or 
other  improvement  of  like  character,  shall  be  ordered  by  the  board  of 
trustees,  said  company  shall,  in  the  manner  required  by  the  village 
authorities,  make  such  improvement  for  the  width  of  sixteen  feet 
where  two  tracks  are  laid  and  eight  feet  where  one  track  is  laid;  and 
if  the  company  fails  to  do  so,  it  may  be  done  by  the  village  and  the 
cost  and  expense  thereof  collected  of  said  company;  and  if  the  said 
company  shall  neglect  to  make  any  necessary  repairs  for  twenty  days 
after  notice,  the  work  may  be  done  by  the  village,  and  the  cost  and 
expense  thereof  collected  from  said  company. 

1"  7.  Rate  of  fare.]  § 7.  The  rate  of  fare  for  each  passenger 
over  the  whole  route  or  any  portion  thereof,  shall  not  exceed  five 
cents. 

IF  8.  Time  of  completion.]  § 8.  The  rights  and  privileges 
hereby  granted  to  said  company  shall  be  forfeited  to  the  village  of 
Hyde  Park,  unless  said  railway  shall  be  fully  completed  and  in  opera- 
tion within  one  year  from  and  after  the  passage  of  this  ordinance. 

1 9.  Indemnity  clause.]  § 9.  The  rights  and  privileges  here- 
by granted  are  granted  upon  the  further  condition,  that  said  company 
shall  keep  and  save  the  village  harmless  from  all  damages,  costs  and 
expenses  whatever  arising  out  of  the  use  and  occupation  of  said  ave- 
nue, bridges  and  street  by  said  company. 

IF  10.  Removal  of  tracks  — power  of  council.]  § 10. 
Should  the  said  company  at  any  time  fail  to  comply  with  the  condi- 
tions and  provisions  of  this  ordinance,  or  any  of  them,  or  the  general 
ordinances  of  said  village,  the  board  of  trustees  may  order  said  tracks, 
switches  and  turn-outs  to  be  taken  up  and  removed  by  said  company, 


1556 


STREET  RAILWAYS. 


[§  667 


and  on  its  failure  to  do  so  within  ten  days  after  notice  of  such  order, 
may  direct  the  same  to  be  taken  up  at  the  expense  and  cost  of  said 
company. 

1 11.  Restoration  of  rights.]  § 11.  Nothing  herein  con- 
tained shall  impair  or  abridge  the  right  of  the  village  to  dig  up  or 
open  said  street  and  avenue,  or  any  portion  thereof,  and  to  tem- 
porarily remove  said  tracks  and  roadbed  for  the  purpose  of  laying 
sewers  or  water-pipes,  or  making  any  similar  improvements,  or  of  re- 
pairing the  same. 

1 12.  Grant  twenty  years — subject  to  ordinances.]  § 12. 

The  said  company  shall  have  the  right  to  operate  the  said  railway  for 
and  during  the  term  of  twenty  years  from  the  date  of  the  passage  of 
this  ordinance,  subject  to  the  terms  and  restrictions  herein  provided 
and  to  the  general  ordinances  now  in  force,  or  that  may  hereafter  be 
passed. 

Note. — ;See  following  amendatory  ordinance.  Also  section  10^2 
of  ordinance  passed  November  2,  1891,  extending  term  of  grant. 


EWING  AVENUE  HORSE  RAILWAY  COMPANY. 

§ 667.  Ewing  Avenue  Horse  Railway  company. 

*T  i.  Time  for  completion  extended.  J 
■[[  2.  Section  8 amended. 

Tf  3.  Section  8 as  amended. 

« 

An  ordinance  amending  an  ordinance  granting  certain  rights  to  the  Ewing 
Avenue  Horse  Railway  company  passed  September  27,  1883.  (Passed  and 
approved  September  13,  1884.) 

f 1.  Time  for  completion  extended.]  Be  it  ordained  by  the 
president  and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1. 

That  the  time  within  which  the  railway  authorized  to  be  laid  and  op- 
erated by  the  Ewing  Avenue  Horse  Railway,  by  the  ordinance  passed 
September  27,  1883,  shall  be  completed  and  in  operation,  is  hereby 
extended  one  year. 

IT  2.  Section  8 amended.]  § 2.  That  section  eight  of  the  said 
ordinance  entitled  “An  ordinance  for  the  construction  and  operation 
of  a horse  railway  on  Ewing  avenue  and  106th  streets,”  is  hereby 
amended  so  as  to  read  as  follows: 

IT  3.  Section  8 as  amended.]  § 3.  The  rights  and  privi- 
leges hereby  granted  to  said  company  shall  be  forfeited  to  the  village 
of  Hyde  Park,  unless  said  railway  shall  be  fully  completed  and  in 
operation  within  two  years  after  the  passage  of  the  ordinance. 


§ 668] 


EWING  AVENUE  HORSE  RAILWAY  COMPANY. 


1557 


§ 668.  Ewing-  Avenue  Horse  Railway  company. 

1.  Grant — route. 

2.  Tracks,  how  constructed — rails. 

3.  Motive  power. 

4.  Passenger  traffic. 

5.  Improvement  and  repair  of  streets. 

Tf  6.  Rate  of  fare. 

7.  Time  of  completion. 

8.  Power  of  council  to  remove  tracks. 

•ff  9.  Reservation  of  rights. 

10.  Frontage  consent — indemnity  clause. 

An  ordinance  granting  permission  to  the  Ewing  Avenue  Horse  Railway  com- 
pany to  lay  down,  operate  and  maintain  a street  railway.  (Passed  and  ap- 
proved June  1,  1885.  Accepted  June  13,  1885.) 

1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  in  consideration 

of  the  acceptance  hereof,  and  a compliance  by  the  Ewing  Avenue 
Horse  Railway  Company  with  all  the  provisions  herein  contained, 
authority,  permission  and  consent  are  hereby  given,  and  granted  to 
said  company  to  lay  down,  operate  and  maintain,  for  the  period  of 
twenty  years  from  the  time  of  the  passage  of  this  ordinance,  a single 
or  double  track  horse  railway, with  necessary  turn-outs,  side-tracks  and 
switches,  in,  upon  and  along  Ninety-second  street  from  the  inter- 
section of  Harbor  avenue  and  to  Commercial  avenue,  and  in,  upon 
and  along  Commercial  avenue  from  Ninety-second  street  to  Notre 
Dame  avenue,  and  in,  upon  and  along  Notre  Dame  avenue  from  Com- 
mercial avenue  to  One  Hundred  and  Fourth  street,  and  in,  upon  and 
along  one  Plundred  and  Fourth  street  from  Notre  Dame  avenue  to 
Torrence  avenue,  and  in,  upon  and  along  Torrence  avenue  from  One 
Hundred  and  Fourth  street  to  One  Hundred  and  Sixth  street;  Pro- 
vided, however,  that  said  company  shall  not  use,  or  occupy,  or  have 
the  right  to  use  or  occupy,  with  its  said  tracks,  side-tracks,  turn-outs 
or  switches  at  any  point  on  said  streets  qt  avenues,  more  than  four- 
teen feet  thereof  in  width. 

1 2.  Tracks,  how  constructed  —rails.  J § 2.  The  tracks  of 
said  railway  shall  be  laid  as  near  the  center  of  the  said  streets  and 
avenues  as  practicable,  with  modern  improved  tramway  rails,  and 
shall  not  be  elevated  above  the-  surface  of  the  street,  and  shall  be  so 
laid  and  constantly  maintained  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  said  tracks  at  any  and  all  points,  and  in  any  and 
all  directions  without  obstruction. 

1 3.  Motive  power.]  § *3.  The  cars  to  be  used  on  said  tracks 
shall  be  street  cars  of  the  best  style  and  class,  and  operated  with  ani- 
mal power  only. 

1 4.  Passenger  traffic.]  § 4-  The  said  track  or  tracks  and 
the  cars  operated  thereon,  shall  be  used  for  no  other  purpose  than  the 
transportation  of  passengers,  except  that  the  company  may  use  its 


1558 


STREET  RAILWAYS. 


[§  668 


said  tracks  for  the  transportation  of  material  to  be  used  in  the  con- 
struction and  maintenance  of  its  aforesaid  line. 

IT  5.  Improvement  and  repair  of  streets.]  § 5.  The  said 
company,  as  respects  the  grading,  paving,  macadamizing,  planking 
and  repairing,  or  using  of  the  aforesaid  streets  and  avenues,  shall  at 
its  own  cost  and  expense  keep  sixteen  feet  in  width  where  two  tracks 
are  laid,  and  eight  feet  in  width  where  one  track  is  laid,  in  good  re- 
pair and  condition  during  all  the  time  to  which  the  privilege  hereby 
granted  shall  extend,  in  accordance  with  the  orders  or  regulations 
of  the  board  of  trustees  of  said  village.  And  when  any  new  improve- 
ment of  any  character  shall  be  ordered  by  the  board  of  trustees,  said 
company,  at  its  own  cost  and  expense,  shall,  in  the  manner  required 
by  the  village  authorities,  make  such  improvement  for  the  width  of 
sixteen  feet  where  two  tracks  are  laid,  and  eight  feet  where  one  track 
is  laid.  Said  width  of  sixteen  feet  and  eight  feet  respectively  to  in- 
clude the  said  tracks,  as  laid  in  said  streets  and  avenues.  And  if  the 
said  company  shall  neglect'  or  fail  to  make  any  repairs  or  improve- 
ments as  aforesaid,  for  the  space  of  twenty  days  after  notice  so  to  do 
from  the  superintendent  of  public  works,  or  other  proper  officer  of 
said  village,  to  any  officer,  agent  or  employe  of  said  company,  then 
and  in  such  case  the  village  may  at  its  option  do  the  same  at  the  cost 
and  expense  of  said  company. 

1 6.  Rate  of  fare.]  § 6.  The  rate  of  fare  for  each  passenger 
over  the  entire  line  aforesaid,  or  any  portion  thereof,  shall  not  exceed 
five  cents. 

IT  7.  Time  of  completion.]  § 7.  The  rights  and  privileges 
hereby  granted  to  said  company  shall  be  forfeited  to  the  village  of 
Hyde  Park,  unless  said  railway  shall  be  fully  completed  and  in  oper- 
ation upon  and  along  Ninety-second  street,  with  a single  track  with- 
in sixty  days,  and  with  double  tracks  within  six  months,  and  the  en- 
tire line  completed  and  in  operation,  with  single  or  double  tracks  as 
herein  provided,  within  one  year  from  and  after  the  passage  of  this 
ordinance. 

T 8.  Power  of  council  to  remove  tracks.]  § 8.  Should 
the  said  company  at  any  time  fail  or  neglect  to  comply  with  the  con- 
ditions and  provisions  of  this  ordinance,  or  any  of  them,  or  the  gen- 
eral ordinances  of  said  village,  the  board  of  trustees  may  order  said 
tracks,  switches  and  turn-outs  to  be  taken  up  and  removed  by  said 
company,  and  at  said  company’s  own  cost  and  expense;  and  if  said 
company  should  fail  so  to  remove  said  tracks  within  ten  days  after 
such  order  being  given,  then  the  village  may  at  its  option  remove  the 
same,  or  cause  the  same  to  be  removed,  at  the  cost  and  expense  of 
said  company,  and  thereafter  to  prevent  such  tracks  from  being  laid, 
or  operated  upon,  or  along  any  part  of  the  line  aforesaid. 

If  9.  Reservation  of  rig’hts.]  § 9.  Nothing  herein  contained, 
shall  impair  or  abridge  the  right  of  the  village  to  make  any  and  all 


§ 669]  SOUTH  CHICAGO  CITY  R AILWAY^COMP ANY.  1559 

excavations  necessary  for  the  purpose  of  building  sewers,  or  laying 
water  or  gas  pipes  in  said  streets  or  avenues,  or  otherwise  improving 
or  repairing  the  same,  and  in  so  doing  to  temporarily  remove  said 
tracks  and  roadbed  at  the  cost  and  expense  of  said  company. 

1"  10.  Frontage  consent— indemnity  clause.]  § io.  The  au- 
thority hereby  granted  is  granted  upon  the  further  express  condition, 
that  the  said  company  has  obtained  from  the  owners  of  property  abut- 
ting upon  said  streets  and  avenues  the  necessary  and  requisite  consent; 
that  said  company  has  duly  published  the  requisite  notice  of  the  time 
and  place  of  its  application  for  the  granting  of  the  authority  herein 
conferred,  and  that  said  company  will  pay  all  damages  to  owners  of 
property  abutting  upon  the  streets  and  avenues  aforesaid,  consequent 
upon  the  laying  and  operation  of  said  tracks,  and  will  save  and  keep 
harmless  the  village  from  all  costs,  expenses  and  damages,  by  rea- 
son of  the  passage  of  this  ordinance,  and  the  construction,  operation 
and  maintenance  of  said  street  railway  tracks. 

Note. — See  section  ioJ^>  of  ordinance  passed  November  2,  1891, 
extending  term  of  grant. 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 

§ 669.  South  Chicago  City  Railway  company. 

IT  1.  Extension  of  route,  etc. — grant  twenty  years. 

■ff  2.  Construction  of  tracks— rails. 

TT  3.  Motive  power — passenger  traffic. 

if  4.  Underground  system — overhead  wires— feeder  wires. 

IT  5.  Improvement  and  repair  of  streets. 

•jj  6.  Removal  of  tracks  and  restoration  of  streets, 
if  7.  Damages  to  abutting  owners. 

^1  8.  Heating  cars. 

TT  9.  Grant  to  change  power  on  Ewing  Avenue  Horse  Railway 
company’s  lines. 

IT  10.  License  fee. 

if  io>£.  Grant  to  Ewing  Avenue  Horse  Railway  company 
1 11.  Indemnity  clause, 
if  12.  Bond. 

IT  13.  Subject  to  general  ordinances. 

if  14.  Rate  of  fare — police,  etc.,  to  ride  free. 

ir  15.  Consent  of  council  required  to  lease,  etc. 

IT  16.  Time  of  completion. 

if  17.  When  in  force — acceptance. 

An  ordinance  authorizing  the  South  Chicago  City  Railway  company  to  construct 
a street  railway  on  Commercial  avenue,  Seventy-ninth  street,  Cheltenham 
place,  Buffalo  avenue,  Eighty-seventh  street,  Superior  avenue,  Eighty-third 
street,  Ontario  avenue,  Coles  avenue,  Seventy-first  street,  Yates  avenue  and 
One  Hundred  and  Sixth  street;  and  to  operate  its  cars  on  its  present  tracks 
by  other  than  animal  power.  (Passed  November  2,  1891.  Accepted  Novem- 
ber 12,  1891.) 


1560 


STREET  RAILWAYS. 


[§  669 


1"  1.  Extension  of  route,  etc.— grant  twenty  years. 1 Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That,  in  con- 
sideration of  the  acceptance  hereof  and  the  undertaking  of  the  South 
Chicago  City  Railway  Company  to  comply  with  the  provisions  herein 
contained,  consent,  permission  and  authority  are  hereby  granted  to 
said  company,  its  successors  and  assigns,  to  lay  down,  construct,  main- 
tain and  operate,  for  the  period  of  twenty  years  from  the  passage  here- 
of, a single  or  double  track  street  railway^  with  all  necessary  and  con- 
venient turn-outs,  side-tracks  and  switches,  and  with  the  right  to  con- 
nect with  other  street  railway  tracks  owned  or  operated  by  said  com- 
pany, in,  upon,  over  and  along  the  following  streets:  Commencing 

at  the  intersection  of  Commercial  avenue  and  Ninety-second  street 
and  connecting  there  with  the  present  tracks  of  the  said  company, 
thence  north  along  said  Commercial  avenue  to  Seventy-ninth  street, 
thence  east  along  said  Seventy-ninth  street  to  the  center  of  Coles  ave- 
nue; also,  commencing  at  the  intersection  of  said  Seventy-ninth  street 
and  Cheltenham  place,  thence  northeasterly  along  said  Cheltenham 
place  to  the  center  of  said  Coles  avenue;  also,  commencing  at  the  in- 
tersection of  said  Ninety-second  street  and  Buffalo  avenue  and  con- 
necting there  with  the  present  tracks  of  the  said  company,  thence  north 
along  said  Buffalo  avenue  to  Eighty-seventh  street,  thence  west  along 
said  Eighty-seventh  street  to  Superior  avenue,  thence  north  along  said 
Superior  avenue  to  Eighty-third  street,  thence  west  along  said  Eighty- 
third  street  to  Ontario  avenue,  thence  north  along  said  Ontario  ave- 
nue to  Seventy-ninth  street  aforesaid,  thence  west  along  said  Seventy- 
ninth  street  to  the  center  of  Coles  avenue  aforesaid,  thence  northwest- 
erly along  said  Coles  avenue  to  Seventy-first  street,  thence  west  along 
said  Seventy-first  street  to  Yates  avenue,  thence  north  along  said 
Yates  avenue  to  a point  two  hundred  and  thirty-four  (234)  feet  north 
of  the  north  line  of  Sixty-eighth  street;  also,  commencing  at  the  inter- 
section of  Ewing  avenue  and  One  Hundred  and  Sixth  street  and  con- 
necting there  with  the  present  tracks  of  the  said  company,  thence  east 
along  said  One  Hundred  and  Sixth  street  to  its  intersection  with  Indi- 
ana boulevard. 

If  2.  Construction  of  tracks— rails.]  § 2.  The  tracks  of  said 

railway  shall  not  be  elevated  above  the  surface  of  the  streets  and  shall 
be  laid  with  modern  improved  rails  in  such  a manner  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  the  same,,  at  all  points 
and  in  all  directions,  without  obstruction,  and  shall,  also,  be  laid  as 
near  to  the  center  of  said  street  as  practicable.  Section  1509  of  the 
Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railway 
tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory 
to  the  mayor  and  commissioner  of  public  yvorks  and  shall  be  laid 
under  their  direction;  but  a permit  shall  be  first  obtained  from  the 
commissioner  of  public  works  before  commencing  work  under  this 
ordinance. 


§ 669]  SOUTH  CHICAGO  CITY  RAILWAY  COMPANY.  1561 

If  3.  Motive  power— passenger  traffic.]  § 3.  The  cars  to  be 
used  upon  said  railway  may  be  operated  by  electric  power  and  by  either 
the  overhead,  underground,  primary  battery  or  storage  battery  sys- 
tem. In  the  event  that  some  more  favorable,  convenient  and  unob- 
jectionable method  of  furnishing  power  for  the  operation  of  said  rail- 
way shall  be  discovered,  said  company,  its  successors  or  assigns,  shall, 
with  the  approval  of  the  mayor  and  commissioner  of  public  works, 
have  the  right  to  adopt  the  same  in  place  of  or  in  connection  with  the 
power  above  permitted  to  be  us,ed;  and  said  cars  shall  be  used  for  no 
other  purpose  than  to  carry  passengers  and  their  ordinary  packages. 

1 4.  Underground  system— overhead  wires — feeder  wires.] 
§ 4.  For  the  purpose  of  operating  said  cars  by  electric  power  or  by 
such  other  power  as  may  be  approved  by  the  mayor  and  commissioner 
of  public  works  as  above  provided,  the  said  company  may  make  all 
needful  and  convenient  curves,  trenches,  excavations  and  sewer  con- 
nections, and  may  place  all  needful  poles,  wires  and  machinery  in  said 
streets  and  may  connect  the  same  with  stationary  engine  or  engines 
necessary  to  properly  operate  the  same,  which  stationary  engine  or 
engines  shall  not  be  located  upon  any  street  or  public  place  of  the  city. 
Such  appliances  and  machinery  shall,  with  the  exception  of  the  poles 
and  overhead  feed  and  contact  wires  and  their  supports,  in  case  the 
overhead  system  is  used,  be  under  ground,  and  all  shall  be  constructed 
in  a substantial  and  workmanlike  manner  of  most  approved  method 
and  convenience,  and  the  method  and  manner  of  construction  shall  be 
satisfactory  to  the  commissioner  of  public  works,  so  as  not  to  interfere 
with  public  travel.  In  case  the  said  cars  shall  be  operated  by  the  said 
overhead  system  of  electric  traction,  the  contact  and  feed  wires  shall 
be  securely  insulated  from  their  supports  and  shall  be  securely  sus- 
pended on  or  from  substantial  poles  of  wood  or  iron  set  within  the 
curb  line  limits  of  the  said  streets,  on  either  side  thereof,  and  so 
arranged  as  not  to  interfere  with  the  public  use  of  the  streets  and  side- 
walks. The  said  wires  shall  be  suspended  not  less  than  eighteen  and 
one-half  feet  above  the  rails  of  said  railway  and  at  steam  railroad 
crossings  shall  be  suspended  at  a height  of  not  less  than  twenty  (20) 
feet  above  the  rails;  Provided,  however,  that  if,  in  the  construction  of 
said  trenches  and  excavations  and  sewer  connections  or  in  the  planting 
of  poles  or  running  of  wires  or  placing  of  machinery,  any  damage  or 
injury  shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains, 
then  said  company  shall  be  held  liable  and  shall  pay  therefor.  If  at 
any  time  by  reason  of  the  permission  hereby  granted  and  the  making 
of  such  excavations,  trenches  and  sewer  connections  or  the  construc- 
tion or  operation  of  said  road,  under  any  system  of  motive  power,  any 
injury  or  damage  shall  result  to  any  person  or  property,  then  said  com- 
pany shall  be  held  liable  therefor.  All  needful  and  convenient  connec- 
tions with  the  motive  power  or  engines  shall  be  subject  to  the  same 
restrictions.  The  aperture  opening  into  trenches  herein  authorized 
shall  not  exceed  five-eighths  of  an  inch  in  width.  In  case  said  road 


1562 


STREET  RAILWAYS. 


[§  669' 


shall  be  operated  by  electric  power,  or  other  power  herein  authorized, 
said  company  may  operate  not  to  exceed  two  cars  and  one  motor  or 
grip  car  attached  together,  with  a grip  man  or  motor  man  in  charge  of 
the  grip  or  motor  car  and  one  conductor  in  charge  of  each  additional 
car. 

If  5.  Improvement  and  repair  of  streets.]  § 5.  The  said 

company,  as  to  the  streets  and  parts  of  streets  in  and  upon  which  its 
said  railway  tracks  may  be  laid,  shall  pave  and  keep  in  good  condition 
and  repair  eight  feet  in  width  where  a single  track  shall  be  laid,  and 
sixteen  feet  in  width  where  a double  track  shall  be  laid,  during  all  the 
time  to  which  the  privileges  hereby  granted  shall  extend,  in  accord- 
ance with  whatever  order,  ordinance  or  regulation  may  be  passed  or 
adopted  by  the  city  council  in  relation  to  such  repairing,  and  when-  any 
new  improvements  shall  be  ordered  by  the  city  council  of  said  streets, 
or  parts  of  streets,  or  any  of  them,  the  said  company  shall,  in  the  man- 
ner which  may  be  required  of  owners  of  property  fronting  on  said 
streets  and  parts  of  streets,  make  such  new  improvements  for  the  width 
of  eight  feet  where  a single  track  shall  be  laid,  and  for  the  width  of 
sixteen  feet  where  a double  track  shall  be  laid;  and,  if  the  said  company 
shall  refuse  or  fail  to  do  so,  the  same  may  be  done  by  the  city  and 
the  said  company  shall  be  liable  for  the  cost  thereof;  Provided,  that 
with  the  consent  and  approval  of  the  department  of  public  works,  the 
said  company  may  pave  with  stone  or  vitrified  brick  that  part  of  the 
street  between  its  tracks  and  outside  the  same  that  the  said  company 
is  hereby  required  to  pave  and  to  keep  in  repair. 

1 6.  Removal  of  tracks  and  restoration  of  streets.]  § 6. 
When  the  right  of  said  company  to  operate  its  said  railway  on  said 
streets  and  parts  of  streets  shall  cease  and  determine  said  company 
shall  remove  the  tracks  from  said  streets  and  parts  of  streets  and  put 
the  said  streets  and  parts  of  streets  from  which  said  tracks  shall  be  re- 
moved in  as  good  condition  as  the  adjacent  parts  of  said  streets. 

1 7.  Damages  to  abutting  owners.]  § 7.  The  said  company 
shall  pay  all  damages  to  the  owners  of  property  abutting  on  the  said 
streets  or  parts  of  streets  upon  or  over  which  its  road  may  be  con- 
structed which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 

IF  8.  Heating  cars.]  § 8.  The  cars  upon  the  railway,  hereby 
authorized,  shall  be  provided  during  the  months  of  November,  De- 
cember, January,  February  and  March  of  each  year  with  heating  ap- 
paratus, of  a kind  and  nature  to  be  selected  by  said  company,  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  cars 
and  heating  the  same;  and,  the  said  apparatus  shall  be  operated  at 
such  times,  during  the  aforesaid  months,  as  the  need  of  the  weather 
and  the  degree  of  the  temperature  shall  require  and  on  all  cars,  both 
day  and  night. 

1 9.  Grant  to  change  power  on  Ewing  Avenue  Horse  Rail- 


§ 669]  SOUTH  CHICAGO  STREET  RAILWAY  COMPANY.  1563 

way  Co.’s  lines.]  § 9.  In  consideration  of  the  acceptance  hereof  and 
the  undertaking  of  the  said  company  to  comply  with  the  provisions 
herein  contained,  permission  and  authority  are  hereby  granted  to  said 
company  to  replace  the  animal  power  now  used  on  its  present  rail- 
way under  its  ordinances  passed  by  the  trustees  of  the  village  of 
Hyde  Park  described  as  follows:  “An  ordinance  for  the  construction 
and  operation  of  a horse  railway  on  Ewing  avenue  and  106th  street,” 
passed  September  27th,  1883;  “an  ordinance  concerning  the  Ewing 
avenue  horse  railway,”  passed  September  13th,  1884,  and  “an  ordi- 
nance for  the  construction  and  operation  of  a horse  railway  on  92nd 
street,  Commercial  avenue,  Notre  Dame  avenue,  104th  street  and 
Torrence  avenue,”  passed  June  1st,  1885,  with  such  power  as  is  au- 
thorized by  section  3 of  this  ordinance;  and,  upon  the  approval  of 
the  department  of  public  works,  to  pave  that  portion  of  the  said 
streets,  which  by  said  ordinance  the  said  company  is  required  to  pave 
and  to  keep  in  repair,  with  stone  or  vitrified  brick,  as  provided  in  sec- 
tion 5 of  this  ordinance. 

If  10.  License  fee.]  § 10.  The  said  South  Chicago  City  Rail- 
way Company  shall  pay  in  to  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dollars  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company  in  the  man- 
ner following:  In  computing  the  number  of  cars  upon  which  said 

license  charge  may  be  imposed,  thirteen  round  trips,  when  the  cars 
are  used  in  the  transportation  of  passengers,  shall  be  taken  as  equiva- 
lent to  one  day’s  use  of  one  car;  one-thirteenth  of  such  round  trips 
during  each  quarter  shall  be  divided  by  the  number  of  days  in  each 
quarter,  such  quotient  shall  be  the  number  of  such  cars  subject  to 
such  license  fee;  provided,  however,  that  such  cars  shall  not  already 
be  liable  for  the  payment  of  a license  fee  on  one  of  the  other  lines  of 
said  company  or  its  connections.  The  president  or  other  chief  officer 
of  said  company  shall,  under  oath,  make  report  quarter  yearly,  to  the 
comptroller  of  the  city  of  Chicago,  of  the  whole  number  of  cars  so 
run  by  said  company  and,  at  the  same  time,  pay  to  the  said  comptrol- 
ler twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  ascertained  as 
above  prescribed  in  this  section.  The  first  quarter  shall  begin  on  the 
first  day  upon  which  said  company  shall  run  a car  or  cars  for  the  car- 
riage of  passengers. 

1 10^.  Grant  to  Ewing  Avenue  Horse  Ry.  Co.  extended 
20  years.]  § 10^2.  In  consideration  of  the  acceptance  by  the  said 
company  of  this  ordinance  and  its  undertaking  to  comply  with  the 
provisions  herein  contained,  the  times  named  for  the  operation  of  the 
railway  authorized  by  the  ordinances-  above  described  in  section  9 
hereof  are,  hereby,  extended  twenty  years  from  the  passage  hereof. 

IT  11.  Indemnity  clause.]  §11.  The  said  company  shall,  for- 
ever, indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and 


1564 


STREET  RAILWAYS. 


expenses  of  the  same  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

If  12.  Bond.]  § 12.  The  South  Chicago  City  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  $io,ooo,  to  be  approved  of  by  the  mayor,  condi- 
tioned for  the  faithful  observance  and  performance  of  the  provisions 
and  conditions  of  this  ordinance  on  its  part  to  be  performed  and  ob- 
served, as  aforesaid. 

IT  13.  Subject  to  general  ordinances.]  § 13.  The  franchises 

granted  by  this  ordinance  are  so  granted  subject  to  all  general  ordi- 
nances of  the  city  of  Chicago  concerning  horse  railroads  now  in  force 
or  which  may  hereafter  be  passed  by  said  city  under  its  police  power. 

H 14.  Rate  of  fare— police,  etc.,  to  ride  free.]  § 14.  The 
rate  of  fare  to  be  charged  upon  the  line  hereby  authorized  shall  not 
exceed  five  cents  for  one  continuous  ride  of  one  trip  for  any  distance 
within  the  present  or  future  city  limits;  Provided,  that  said  company 
shall  provide  and  furnish,  free  of  charge,  to  passengers  who  have  paid 
fare  upon  said  line  transfer  tickets  to  a point  or  points,  with  all  their 
intersecting  lines,  which  may  be  agreed  upon  by  the  mayor,  the  com- 
missioner of  public  works  and  said  company,  permitting  such  pas- 
sengers to  ride  upon  the  street  railway  line  or  lines  owned,  leased,  con- 
trolled or  operated  by  said  company  which  intersect  the  lines  hereby 
authorized  at  the  points  so  designated;  and  provided,  further,  that  no 
fare  shall  be  charged  policemen,  firemen,  and  United  States  mail  car- 
riers when  in  uniform. 

H 15.  Consent  of  council  required  to  lease,  etc.]  § 15. 

The  rights,  privileges  and  franchises  herein  granted  are  upon  the  fur- 
ther express  stipulation  and  condition  that  the  South  Chicago  City 
Railway  Company  shall  not  lease,  rent  or  grant  to  any  other  street 
railway  company  or  corporation  the  right  to  use  or  occupy  any  por- 
tion of  the  tracks  laid  down  under  the  provisions  of  this  ordinance 
without  first  obtaining  the  consent  of  the  city  council. 

T 16.  Time  of  completion.]  § 16.  One  of  the  tracks  author- 
ized to  be  constructed  by  this  ordinance  shall  be  laid  and  completed 
on  all  the  above  mentioned  streets  and  said  railway  shall  be  in  full 
operation  upon  said  streets  within  the  period  of  two  years  after  the 
passage  of  this  ordinance.  And,  all  the  rights  and  privileges  herein 
granted  shall  at  the  expiration  of  said  period  revert  to  the  said  city 
of  Chicago  as  to  all  streets  and  parts  of  streets  which,  at  the  expira- 
tion of  said  period,  shall  not  be  occupied  by  said  railway  tracks  with 
the  said  railway  thereon  in  full  operation;  Provided,  that  if  the  said 
company  shall  be  restrained  or  prevented  from  proceeding  with  the 


§ 670]  GRAND  CROSSING  AND  WINDSOR  PARK  RAILWAY  COMPANY.  1565 

work  upon  said  railway  tracks  or  railway  by  the  order  or  writ  of  any 
court  of  competent  jurisdiction,  the  time  during  which  said  company 
shall  be  so  delayed  shall  be  added  to  the  time  herein  prescribed  for 
the  completion  of  said  railway  tracks  and  the  operation  of  said  rail- 
way. The  city  shall  have,  however,  the  right  to  intervene  in  any  suit 
for  an  injunction  to  restrain  the  said  company,  as  aforesaid,  and  move 
for  the  dissolution  of  the  injunction  in  case  such  suit  shall  be  deemed 
collusive  or  for  the  purpose  of  delay  or  for  extending  the  time  for 
completion  of  said  railway  tracks  and  operation  of  said  railway.  The 
said  company,  its  successors  and  assigns,  shall  have  the  right  and  priv- 
ilege of  laying  and  operating  the  second  track  authorized  in  section 
one  of  this  ordinance  whenever  it,  its  successors  or  assigns,  shall 
deem  it  expedient  and  public  travel  shall  demand  it.  The  single  track 
to  be  completed  and  operated  as  aforesaid  shall  be  placed  to  the  right 
or  left  of  the  center  of  said  streets  so  as  to  permit  of  the  laying  of  the 
second  track  in  such  manner  as  tO'  make  the  two  tracks  taken  as  a 
unit  occupy  as  near  the  middle  of  said  streets  as  practicable. 

T 17.  When  in  force — acceptance.]  § 17.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage  and  approval 
by  the  mayor  and  the  filing  of  the  bond  and  acceptance  as  herein  pre- 
scribed; Provided,  however,  that  if  such  bond  and  acceptance  shall 
not  be  filed  as  aforesaid  within  thirty  (30)  days  of  the  passage  hereof, 
then,  all  the  rights  and  privileges  herein  granted  said  South  Chicago 
City  Railway  Company  shall  be  void  and  of  no  effect. 


GRAND  CROSSING  AND  WINDSOR  PARK  RAILWAY 

COMPANY. 

§ 670.  Grand  Crossing  and  Windsor  Park  Railway  company. 

IT  t.  Grant — route. 

1[  2.  Construction  of  tracks — rails. 

IT  3.  Motive  power — overhead  wires — feeder  wires. 

it  4-  Improvement  and  repair  of  streets. 

it  5.  Rate  of  fare. 

it  6.  License  fee. 

it  7.  Time  of  completion. 

it  8.  Grant  20  years. 

If  9.  Sub  ject  to  general  ordinances. 

H 10.  When  in  force — acceptance. 

An  ordinance  authorizing  the  Grand  Crossing  and  Windsor  Park  Railway  com- 
pany to  lay  down,  maintain  and  operate  a double  track  street  railway  in 
Seventy-fifth  street.  (Passed  July  14,  1892.  Accepted  August  5,  1892.) 

IT  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  in  consideration  of  the  accept- 


1566 


STREET  RAILWAYS. 


[§  670 


ance  hereof,  and  the  undertaking  of  the  Grand  Crossing  and 
Windsor  Park  Railway  Company  to  comply  with  the  provisiqns 
herein  contained,  consent,  permission  and  authority  are  here- 
by granted  to  said  company,  its  successors  and  asigns,  to  lay 
down,  construct,  maintain  and  operate,  for  the  period  of  twenty  (20) 
years  from  the  passage  hereof,  a double  track  street  railway,  with  all 
necessary  and  convenient  turn-outs  and  switches,  in,  upon,  over  and 
along  Seventy-fifth  street,  from  the  main  line  of  the  Illinois  Central 
railroad  to  Railroad  avenue. 

1 2.  Construction  of  tracks— rails.]  § 2.  The  tracks  of  said 
railway  shall  not  be  elevated  above  the  surface  of  the  street,  and  shall 
be  laid  with  modern  improved  rails,  and  in  such  a manner  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction,  and  shall  also  be  laid 
as  near  to  the  center  of  the  street  as  practicable.  Section  1509  of  the 
Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railway 
tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory 
to  the  mayor  and  commissioner  of  public  works,  and  shall  be  laid  under 
their  direction,  but  a permit  shall  be  first  obtained  from  the  commis- 
sioner of  public  works  before  comencing  work  under  this  ordinance. 

1 .3  Motive  power  -overhead  wires— feeder  wires.]  §3.  The 

cars  to  be  used  on  said  railway  may  be  operated  by  animal,  electric 
or  cable  power;  provided,  that,  if  the  said  company  shall  adopt  the  so- 
called  “cable  system,”  the  same  shall  be  constructed  and  operated  as 
provided  by  and  subject  to  the  conditions  of  the  ordinance  of  Janu- 
ary 17,  A.  D.  1881,  authorizing  the  Chicago  City  Railway  Company 
to  operate  its  cars  by  other  than  animal  power;  and,  further,  provided, 
that  if  said  company  shall  elect  to  propel  and  operate  its  cars  by  elec- 
tric power  the  same  shall  be  operated  and  propelled  by  electric  over- 
head contact  wires,  suspended  from  poles  set  within  the  curb  line 
limit  of  the  street  on  either  side  thereof.  Said  poles  and  cross  arms 
to  be  used  shall  be  of  such  style  and  appearance  as  shall  be  approved 
by  the  commissioner  of  public  works  and  so  adjusted  as  to  obstruct 
the  public  use  of  the  streets  or  sidewalks  as  little  as  possible,  such 
poles  and  wires  to  be  erected  and  maintained  for  the  purpose  of  sup- 
plying electric  current  which  can  be  used  for  power,  heat  and  light 
purposes,  for  the  exclusive  use  of  the  Grand  Crossing  and  Windsor 
Park  Railway  Company.  The  said  wires  shall  be  suspended  not  less 
than  eighteen  and  one-half  feet  above  the  rails,  and  the  said  poles 
and  supports  shall  be  placed  on  an  average  of  not  less  than  one  hun- 
dred and  fifteen  feet  apart,  except  at  the  intersection  of  streets  and 
avenues  when  the  said  distance  will  place  the  poles  or  supports  on 
intersecting  streets  and  avenues;  Provided,  that  no  overhead  trolley 
wire  shall  be  used,  except  upon  the  consent  and  approval  of  and 
conditions  imposed  by  the  mayor  and  commissioner  of  public  works. 
And,  in  the  event  that  some  more  favorable  and  practicable  method  of 


§ 676]  GRAND  CROSSING  AND  WINDSOR  PARK  RAILWAY  COMPANY.  1567 

furnishing  electricity  or  other  motive  power  for  the  operation  of  said 
road  be  discovered,  said  Grand  Crossing  and  Windsor  Park  Rail- 
way Company,  its  successors  or  assigns,  shall  have  the  right  to  adopt 
the  same  in  the  place  of  or  in  connection  with  the  use  of  said  electri- 
cal overhead  contact  wires,  subject  to  the  approval  of  the  mayor  and 
commissioner  of  public  works;  and,  to  enable  the  said  road  to  be  so 
operated  by  electricity,  the  said  Grand  Crossing  and  Windsor  Park 
Railway  Company,  its  successors  and  assigns,  shall  have  the  right  to 
connect  the  wires  herein  authorized  with  the  generator  or  power  sta- 
tion or  any  station  or  car  houses  that  may  be  erected  in  connection 
with  said  railroad,  or  with  any  power  house  or  station  along  any 
of  the  lines  of  road  of  said  company  used  by  it  in  connection  with 
its  cable,  horse  or  electric  system,  and  may  convey  said  wires  from 
such  power  houses  or  stations  to  said  Seventy-fifth  street  in  an  un- 
derground conduit,  which  said  conduit  shall  be  used  for  the  purpose 
herein  set  forth  only.  And  it  is  further  provided,  that  other  motive 
power  may  be  used  upon  the  approval  and  consent  of  the  mayor  and 
the  commissioner  of  the  department  of  public  works. 

IT  4.  Improvement  and  repair  of  streets.]  § 4.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condi- 
tion that  the  said  company  shall,  and,  by  the  acceptance  hereof  by 
said  company,  agrees  that  it  will,  fill,  grade,  pave  and  keep  in  repair 
eight  (8)  feet  in  width  where  a single  track  is  used  and  sixteen  (16) 
feet  in  width  where  a double  track  is  used,  in  the  center  of  said  street, 
in  the  manner  provided  by  and  under  section  two  (2)  of  the  ordinance 
of  July  30,  1883,  relating  to  street  railways. 

IT  5.  Rate  of  fare.]  § 5.  The  rate  of  fare  for  any  continuous 
and  regular  trip  from  one  point  to  another  on  the  line  of  said  rail- 
way shall  not  exceed  five  (5)  cents. 

1"  6.  License  fee.]  § 6.  The  said  Grand  Crossing  and  Wind- 
sor Park  Railway  Company  shall  pay  in  to  the  city  treasury  of  the 
city  of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dol- 
lars, as  an  annual  license  fee,  for  each  and  every  car  used  by  said 
company  in  the  manner  following:  In  computing  the  number  of  cars 
upon  which  said  license  charge  may  be  imposed,  thirteen  round  trips, 
when  the  car  is  used  in  the  transportation  of  passengers,  shall  be 
taken  as  equivalent  to  one  day’s  use  of  one  car;  one-thirteenth  of 
such  round  trips  during  each  quarter  shall  be  divided  by  the  number 
of  days  in  such  quarter,  such  quotient  shall  be  the  number  of  cars 
subject  to  license  fee;  Provided,  however,  that  such  cars  shall  not 
already  be  liable  for  the  payment  of  a license  fee  on  one  of  the  other 
lines  of  this  company  or  its  connections.  The  president  or  other 
chief  officer  of  said  company  shall,  under  oath,  make  report  quarter- 
yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole  num- 
ber of  cars  so  run  by  said  company,  and,  at  the  same  time,  pay  to 


1568 


STREET  RAILWAYS. 


[§  671 


said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each  car,  to 
be  ascertained  as  above  prescribed  in  this  section;  Provided,  further, 
that  the  amount  so  paid  shall  not  exceed  the  rate  of  fifty  ($50)  dol- 
lars per  annum  for  each  car  used  by  said  company  for  the  time  the 
car  is  in  actual  use.  The  first  quarter  shall  begin  on  the  first  day 
upon  which  said  company  shall  run  a car  or  cars  on  said  railway  for 
the  carriage  of  passengers. 

T 7.  Time  of  completion.]  § 7.  The  tracks  herein  author- 
ized shall  be  built  and  the  road  in  operation  within  eighteen  months 
after  the  passage  of  this  ordinance;  but,  should  the  construction  of 
said  tracks  or  any  part  thereof  be  delayed  by  injunction  of  any  court, 
or  by  the  action  of  the  city  of  Chicago,  then,  as  to  the  portion  so 
delayed,  the  time  of  such  delay  shall  not  be  any  part  of  the  time  here- 
in limited.  The  city  of  Chicago  shall  have,  and  it  hereby  expressly 
reserves,  the  right  to  intervene  in  any  suit  or  proceeding  brought 
seeking  to  enjoin,  restrain,  or  in  any  manner  seeking  to  interfere 
with,  such  construction,  and  to  move  for  the  dissolution  of  such 
injunction  or  restraining  order,  and  for  any  other  proper  order  in 
such  suit. 

I"  8.  Grant  20  years.]  § 8.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  pro- 
vided the  same  shall  be  accepted  by  said  company  within  ninety  days 
after  its  passage. 

T 9.  Subject  to  general  ordinances.]  § 9.  The  privileges  hereby 
granted  are  subject  to  all  the  general  ordinances  of  the  city  of  Chicago, 
now  in  force  or  hereafter  to  be  passed,  in  reference  to  street  railways, 
and  to  all  ordinances  affecting  the  lines  of  railways  of  which  the  lines 
hereby  authorized  are  extensions. 

Tf  10.  When  in  force — acceptance.]  § 10.  This  ordinance 
shall  be  in  force  and  take  effect  from  and  after  its  passage  and  ac- 
ceptance by  said  company,  provided  said  acceptance  shall  be  within 
ninety  (90)  days  from  the  passage  hereof. 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY 
AND  SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 

§ 671.  Calumet  Electric  Street  Railway  Company  and  South 
Chicago  City  Railway  company. 

An  ordinance  authorizing  the  Calumet  Electric  City  Railway  company  and  the 
South  Chicago  City  Railway  company  to  construct  and  operate  jointly  a street 
railway  on  Stony  Island  avenue,  Sixty-seventh  street  and  Seventy-ninth 
street.  (Passed  October  10,  1892.  Accepted  by  each  road  October  17,  1892). 

Note. — For  above  ordinance  see  section  422. 


§ 672] 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1569 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 

§ 672.  South  Chicago  City  Railway  company. 

1.  Grant — route. 

2.  Time  of  completion — forfeiture. 

3.  Construction  of  tracks — rails. 

4.  Motive  power — overhead  wires — construction — feeder  wires. 

5.  Improvement  and  repair  of  streets. 

6.  Reservation  of  rights — restoration  of  streets -deposit. 

7.  Rate  of  fare — transfers. 

TT  8.  Heating  cars. 

if  9.  Right  to  lease. 

if  10.  License. 

if  11.  Subject  to  ordinances. 

if  12.  Grant  20  years — compensation  to  city. 

if  13.  Indemnity  clause — bond  and  acceptance. 

if  14.  When  in  force. 

An  ordinance  authorizing  the  South  Chicago  City  Railway  company  to  construct 
and  operate  a street  railway  on  Seventieth  street,  Addison  avenue,  Seventy- 
first  street.  Seventy-fifth  street,  Ninety-fifth  street,  Indiana  boulevard, 
Avenue  K,  Torrence  avenue,  One  Hundred  and  Fourteenth  street,  Sheridan 
avenue,  Chittenden  road,  South  Chicago  avenue  and  Howard  avenue. 
(Passed  March  4,  1895.  Accepted  March  16,  1895.) 

1"  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance  here- 

of, and  of  the  undertaking  of  the  South  Chicago  City  Railway  Com- 
pany to  comply  with  the  conditions  herein  contained,  consent,  per- 
mission and  authority  are  hereby  granted  to  the  said  company,  its 
successors  and  assigns,  to  lay  down,  construct,  maintain  and  operate 
a single  or  double  track  street  railway  with  all  necessary  and  con- 
venient turn-outs,  side-tracks  and  switches,  and  with  the  right  to  con- 
nect with  other  street  railway  tracks  now  or  hereafter  owned  or  oper- 
ated by  said  company,  in,  upon,  over  and  along  Seventieth  street, 
from  Yates  avenue  west  to  Addison  avenue;  Addison  avenue,  from 
Seventieth  street  south  to  Seventy-first  street;  Seventy-first  street, 
from  Addison  avenue  west  to  Cottage  Grove  avenue;  Seventy-fifth 
Street,  from  the  west  line  of  Railroad  avenue  easterly  to  the  Lake 
Michigan;  Ninety-fifth -street,  from  Ewing  avenue  west  to  Avenue  K; 
Indiana  boulevard,  from  Ewing  avenue  southwesterly  to  One  Hun- 
dred and  Sixth  street;  Avenue  K,  from  Ninety-fifth  street  south  to 
One  Hundred  and  Eighteenth  street;  Torrence  avenue,  from  One 
Hundred  and  Sixth  street  south  to  One  Hundred  and  Fourteenth 
street;  One  Hundred  and  Fourteenth  street,  from  Torrence  avenue 
east  to  Sheridan  avenue;  Sheridan  avenue,  from  One  Hundred  and 
Twelfth  street  south  to  the  south  line  of  One  Hundred  and  Twentieth 
street;  Chittenden  road,  from  a point  two  hundred  and  ninety  (290) 
feet  north  of  the  south  line  of  lot  four  in  the  county  clerk’s  division 
of  the  northwest  quarter  of  section  thirty,  township  thirty-seven  north, 
range  fifteen  east  of  the  third  principal  meridian,  situated  in  the  county 
of  Cook  and  state  of  Illinois,  south  to  the  south  line  of  said  north- 


1570 


STREET  RAILWAYS. 


[§  672 


west  quarter;  South  Chicago  avenue,  from  the  north  line  of  One 
Hundred  and  Thirtieth  street  south  to  Howard  avenue;  thence  south- 
easterly along  said  Howard  avenue  to  the  south  line  of  One  Hundred 
and  Thirty-eighth  street,  and  also  to  cross  the  necessary  public  streets 
and  Chittenden  bridge  where  the  line  of  railway  of  said  company  shall 
be  built  over  private  lands  to  connect  in  a conveniently  and  practically 
direct  manner  the  lines  herein  authorized  on  Sheridan  avenue,  Chit- 
tenden road  and  South  Chicago  avenue. 

The  names  of  the  streets,  avenues  and  boulevards  designated  in 
this  ordinance  are  the  names  as  they  existed  immediately  prior  to  the 
passage  of  the  ordinance  renaming  streets,  passed  January  14th,  1895, 
and  published  on  page  2222  et.  sequitur  of  council  proceedings,  and 
are  subject  to  all  the  provisions  of  said  ordinance  as  to  change  of 
names. 

T 2.  Time  of  completion — forfeiture.]  § 2.  The  permission 
and  authority  hereby  granted  are  upon  the  following  express  condi- 
tions: That  upon  those  portions  of  the  route  herein  described  as 

follows.  “Torrence  avenue,  from  One  Hundred  and  Sixth  street  to 
“One  Hundred  and  Fourteenth  street;  One  Hundred  and  Fourteenth 
“street,  from  Torrence  avenue  to  Sheridan  avenue;  Sheridan  avenue, 
“from  One  Hundred  and  Twelfth  street  to  the  south  line  of  One 
“Hundred  and  Twentieth  street;  Chittenden  road,  from  a point  290 
“feet  north  of  the  south  line  of  lot  four  in  county  clerk’s  division  of 
“the  northwest  quarter  of  section  thirty,  township  thirty-seven,  north, 
“range  fifteen,  east  of  the  third  principal  meridian,  south  to  the  south 
“line  of  said  northwest  quarter;  South  Chicago  avenue  from  the  north 
“line  of  One  Hundred  and  Thirtieth  street  south  to  Howard  avenue, 
“thence  southeasterly  along  Howard  avenue  to  the  south  line  of  One 
“Hundred  and  Thirty-eighth  streets,  and  also  across  the  necessary 
“public  streets  and  Chittenden  bridge  where  the  line  of  railway  of 
“said  company  shall  be  built  over  private  lands  to  connect  in  a con- 
veniently and  practically  direct  manner  the  lines  herein  authorized  on 
“Sheridan  avenue,  Chittenden  road  and  South  Chicago  avenue,”  the 
said  railway  company  shall  within  two  years  from  and  after  the  pas- 
sage of  this  ordinance  lay  down,  complete  and  have  in  operation  a 
single  track  railway,  and  that  on  the  said  portions  of  the  route  last 
described,  said  company  shall,  within  five  years  from  and  after  the 
passage  of  this  ordinance,  lay  down,  complete  and  have  in  operation 
a double  track  railway.  That  on  all  and  singular,  the  other  portions 
of  the  route  in  this  ordinance  described,  the  said  railway  company, 
shall,  within  two  years  from  and  after  the  passage  of  this  ordinance, 
lay  down,  complete  and  have  in  operation  a double  track  street 
railway. 

Provided,  that  all  the  privileges  granted  by  this  ordinance  shall 
absolutely  cease  and  determine  as  to  any  portion  of  the  lines  hereby 
authorized,  on  which  said  single  track  and  said  double  track  shall 


672] 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1571 


not  be  completed  and  in  operation  within  the  times  hereinabove 
limited. 

Provided,  however,  that  should  the  construction  of  said  railways  or 
any  part  thereof  be  delayed  by  the  injunction  of  any  court  of  com- 
petent jurisdiction,  the  time  of  such  delay,  after  notice  to  the  cor- 
poration counsel  of  the  pendency  of  proceedings  for  injunction,  shall 
not  be  reckoned  as  a part  of  the  time  herein  limited;  and  the  city 
of  Chicago  may  intervene  in  such  proceedings  with  all  the  rights  of 
a party  thereto. 

If  3.  Construction  of  tracks — rails.]  § 3.  The  first  track  to 
be  completed  and  operated  as  aforesaid  shall  be  placed  to  the  right 
or  left  of  the  center  of  said  streets  so  as  to  permit  the  laying  of  the 
second  track  in  such  manner  as  to  make  the  two  tracks,  taken  as  a 
unit,  occupy  as  near  the  middle  of  said  streets  as  practicable.  The 
said  tracks  shall  not  be  elevated  above  the  surface  of  the  streets, 
and  they  shall  be  laid  with  modern  improved  rails  satisfactory  to  the 
mayor  and  commissioner  of  public  works,  in  such  manner  that  vehi- 
cles can  easily  and  freely  cross  the  same  at  all  points  and  in  all  direc- 
tions without  obstruction,  and  a permit  shall  first  be  obtained  from 
the  commissioner  of  public  works  before  beginning  work  under  this 
ordinance. 

1 4.  Motive  power — overhead  wires— construction — feeder 
wires,]  § 4.  The  cars  to  be  used  on  said  tracks  may  be  operated 
by  electric  power  and  by  either  the  overhead,  underground,  prim- 
ary or  storage  battery  systems.  In  the  event  that  some  more  favor- 
able, convenient  and  unobjectionable  method  of  furnishing  power 
for  the  operation  of  street  railways  shall  be  discovered,  the  said  com- 
pany, its  successors  and  assigns,  shall,  with  the  approval  of  the  mayor 
and  the  commissioner  of  public  works,  have  the  right  to  use  the  same 
upon  its  various  lines  in  place  of  or  in  connection  with  the  power 
before  permitted  to  be  used  by  it.  If  electric  power  shall  be 
used  by  means  of  overhead  contact  wires,  such  overhead  wires, 
together  with  the  necessary  feed  wires,  may  be  suspended  from 
substantial  poles  of  wood  or  iron,  set  within  the  curb  limits 
of  the  street  on  either  side  thereof.  Said  trolley  and  feed 
wires  shall  be  suspended  not  less  than  eighteen  and  one-half  (183/2) 
feet  above  the  rails,  and  the  said  poles  and  supports  shall  be  placed  on 
an  average  not  less  than  one  hundred  and  fifteen  (1 1 5)  feet  apart,  but 
no  poles  shall  be  placed  at  the  intersection  of  streets  and  alleys.  The 
poles  and  wires  on  the  lines  now  or  hereafter  owned  or  operated  by 
said  company  may  be  used  for  the  transmission  of  electricity  for 
power,  heat  and  light  purposes,  for  the  use  of  said  railway  company 
only,  and  for  the  purpose  of  electric  communication  between  the  vari- 
ous points  of  said  lines.  And  permission  is  hereby  given  the  said 
company  to  connect  said  wires  with  any  power  house  or  station  or 
electric  wires  which  may  be  used  for  generating  or  conveying  the 


1572 


[§  672 


STREET-RAILWAYS. 

electric  power  for  or  to  the  lines  of  street  railway  now  or  here- 
after owned  or  operated  by  said  company.  Whenever  the  lines  of 
wire  hereby  authorized,  shall  cross  other  lines  of  wire,  the  former 
wires  shall  be  protected  by  guard-wires,  or  other  suitable  device  as 
may  be  directed  by  the  commissioner  of  public  works.  Said  com- 
pany is  hereby  authorized  to  place  all  its  feed  wires,  on  all  its  lines, 
underground,  in  the  streets  now  or  hereafter  occupied  by  it. 

*|f  5.  Improvement  and  repair  of  streets.]  § 5.  Said  com- 
pany, as  to  the  streets  and  parts  of  streets  upon  which  its  railway 
tracks  are  laid  by  virtue  of  this  ordinance,  shall  at  all  times  keep  in 
good  passable  condition  for  public  travel  by  vehicles,  sixteen  feet  in 
the  center  thereof,  in  such  manner  as  may  be  prescribed  by  the  com- 
missioner of  public  works,  and  when  any  such  street  or  part  of  street 
is  ordered  paved  by  the  city,  the  said  railway  company  shall  pave  said 
width  of  sixteen  feet  with  such  pavement  as  is  required  for  the  re- 
mainder of  the  street,  and  afterwards  at  all  times  keep  the  same  in 
repair:  provided,  however  the  said  company  may,  with  the  consent 
of  the  commissioner  of  public  works,  pave  with  stone  or  vitrified  brick 
that  part  of  the  street  which  it  is  herein  required  to  pave  and  keep  in 
repair. 

1 6.  Reservation  of  rights— restoration  of  streets— deposit.] 

§ 6.  Nothing  herein  contained  shall  be  taken  or  held  to  in  any  man- 
ner abridge  or  impair  the  right  of  the  city  to  dig  up  any  part  or  por- 
tion of  any  street,  for  the  purpose  of  laying  sewers  or  making  any 
underground  improvement  therein. 

And  for  that  purpose,  the  city  may  temporarily  remove  the  tracks 
and  roadbed  of  the  company  and  relay  them  at  the  charge  and  ex- 
pense of  the  company,  and  without  any  cost  to  the  city.  Or,  at  its 
election,  the  said  railway  company  may  remove  and  relay  said  tracks 
at  its  own  expense. 

Before  entering  upon  or  breaking  the  surface  of  any  street,  the 
company  shall  procure  a permit  therefor  from  the  commissioner  of 
public  works,  and  deposit  with  such  commissioner  such  a sum  of 
money  as  shall  be  estimated  by  him  to  be  sufficient  to  defray  the 
cost  of  restoring  such  street  to  its  original  condition. 

1 7.  Rate  of  fare— transfers.]  § 7.  The  rate  of  fare  shall  not 
exceed  five  cents  for  one  continuous  ride  of  one  trip  over  the  lines  of 
said  company;  provided,  that  said  company  shall  provide  and  furnish 
free  of  charge  to  passengers  who  have  paid  fare  upon  said  lines 
transfer  tickets  at  and  to  such  points  upon  all  their  intersecting  lines, 
as  may  be  fixed  by  the  mayor,  the  commissioner  of  public  works  and 
said  company,  or  in  case  of  their  disagreement,  by  an  order  of  the 
city  council;  and  provided  further,  that  no  fare  shall  be  charged 
policemen  in  uniform  or  firemen  in  uniform,  but  that  said  company 
shall  not  be  required  to  carry  free  of  charge  United  States  mail  car- 
riers upon  the  lines  owned  or  operated  by  it. 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1573 


672] 


«[  8.  Heating  cars.]  § 8.  The  cars  upon  the  railway  hereby 
authorized  shall  be  provided  during  the  months  of  November,  Decem- 
ber, January,  February  and  March  of  each  year  with  a heating  ap- 
paratus of  a kind  and  nature  to  be  selected  by  said  company.,  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  cars 
and  heating  the  same,  and  the  said  apparatus  shall  be  operated  at  such 
times  during  the  said  months  as  the  need  of  the  weather  and  degree 
of  temperature  shall  require,  and  on  all  cars  both  day  and  night. 

T 9.  Right  to  lease.]  § 9.  The  said  South  Chicago  City 
Railway  Company  is  hereby  authorized  to  lease  other  lines  of  street 
railway  or  any  portion  thereof,  and  to  lease  its  lines  or  any  portion 
thereof  to  other  street  railways. 

If  10.  License.]  § 10.  The  license  fee  to  be  paid  upon  the  cars 
operated  on  the  lines  hereby  authorized  shall  be  the  same  as  provided 
in  section  10  of  an  ordinance  entitled:  “An  ordinance  authorizing 

the  South  Chicago  City  Railway  Company  to  construct  a street  rail- 
way on  Commercial  avenue,  and  other  streets/’  passed  by  the  city 
council  of  the  city  of  Chicago  November  2nd,  1891. 

IF  11.  Subject  to  ordinances.]  § 11.  The  privileges  granted 
by  this'  ordinance  are  granted  subject  to  the  general  ordinances  of  the 
city  of  Chicago  concerning  street  railways,  now  in  force  or  which 
may  hereafter  be  passed  by  said  city  under  its  police  powers. 

IF  12.  Grant  20  years— compensation  to  city.]  § 12.  The 
grant  herein  given  shall  extend  for  the  period  of  twenty  years  from 
the  passage  hereof,  but  is  made  by  the  city  of  Chicago  and  accepted  by 
the  said  railway  company  upon  the  express  condition  and  agreement 
that  the  said  railway  company,  after  the  expiration  of  five  years  from 
the  date  hereof,  shall,  for  and  during  the  period  of  five  years  then 
next  following,  on  the  first  day  of  July  in  each  year,  pay  into  the  city 
treasury  the  sum  of  one  thousand  dollars;  and  shall  in  like  man- 
ner, during  the  next  succeeding  period  of  ten  years  pay  into  the 
city  treasury,  annually,  the  sum  of  two  thousand  dollars. 

T 13.  Indemnity  clause — bond  and  acceptance.]  § 13.  Said 

company  shall  forever  indemnify  and  save  harmless  the  city  of  Chica- 
go from  any  and  all  damages,  judgments,  decrees,  costs  and  expenses 
which  said  city  may  suffer,  or  which  may  be  recoverable  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon,  or  for,  or  by  reason  of,  or  growing  out  of,  or 
resulting  from  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  privileges  of  this  ordinance,  and 
said  company  shall  within  the  time  limited  for  the  acceptance  of  this 
ordinance,  file  with  the  city  clerk  a bond  to  said  city  of  Chicago  in 
the  penal  sum  of  one  hundred  thousand  dollars,  with  sureties  to 
be  approved  by  the  mayor  of  said  city  of  Chicago,  conditioned  for  the 


t 


STREET  RAILWAYS. 


1574 


[§  673 


faithful  performance  and  observance  by  said  company  of  all  the  pro- 
visions and  conditions  of  this  ordinance. 

T 14.  When  in  force.]  § 14.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage  and  acceptance  by  said  com- 
pany; provided,  that  the  bond  hereinabove  mentioned  shall  be  filed, 
and  this  ordinance  accepted  within  sixty  days  after  the  passage  of 
the  same,  otherwise  this  ordinance  to  be  void. 


§ 673.  South  Chicago  City  Railway  company. 


IT 

1. 

Grant — Madison  avenue  loop — dedicate  additional  roadway. 

IT 

2. 

Time  of  completion. 

IT 

3- 

Rails. 

IT 

4- 

Motive  power — overhead  wires — moving  and  resetting  poles. 

IT 

5- 

Improvement  and  repair  of  streets. 

nr 

6. 

Restoration  of  streets — deposit — free  riders. 

IT 

7- 

Rate  of  fare. 

ir 

8. 

Cars  to  be  heated. 

nr 

9- 

License. 

nr 

10. 

Subject  to  ordinances. 

nr 

11. 

Grant  20  years. 

nr 

12. 

Indemnity  clause — bond. 

IT 

13- 

Bon  d — acceptance 

t 

An  ordinance  authorizing  the  South  Chicago  City  Railway  company  to  construct 

and  operate  a street  railway  on  Sixty-fourth  street  and  Madison  avenue. 

(Passed  June  8,  1896.  Accepted  July  3,  1896.) 

IT  1.  Grant — Madison  avenue  loop— dedicate  additional  road- 
way.] Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 
That  in  consideration  of  the  acceptance  hereof  and  the  undertaking 
of  the  South  Chicago  City  Railway  Company  to  comply  with  the 
conditions  herein  contained,  consent,  permission  and  authority  are 
hereby  granted  said  company,  its  successors  and  assigns,  to  lay  down, 
construct,  maintain  and  operate  a single  or  double  track  street  rail- 
way, with  all  necessary  and  convenient  turn-outs,  loops,  side-tracks 
and  switches  in,  upon,  over  and  along  Sixty-fourth  street  from  Stony 
Island  avenue,  connecting  at  that  point  with  the  present  tracks  of 
said  company  and  the  Calumet  Electric  Street  Railway  Company, 
west  to  Madison  avenue,  and  thence  north  on  said  Madison  avenue 
to  Sixty-third  street,  with  the  right  to  connect  with  other  street  rail- 
way tracks  and  loops  now  or  hereafter  owned  or  operated  by  said 
company;  which  track  or  tracks  hereby  authorized  on  said  Sixty- 
fourth  street  shall,  between  said  Stony  Island  avenue  and  Grace  ave- 
nue, be  laid  to  the  south  of  the  single  track  of  the  Chicago  City  Rail- 
way Company  in  said  Sixty-fourth  street  between  said  points.  And 
said  railway  company  is  further  authorized  to  connect  by  curves  said 
track  or  tracks  hereby  authorized  on  said  Madison  avenue  south  of 
said  Sixty-third  street,  with  other  tracks  to  be  laid  on  private  property 
now  or  hereafter  owned,  acquired  or  leased  by  said  company,  its 
successors  or  assigns,  either  on  the  east  or  the  west  side  of  said  Madi- 
son avenue,  so  as  to  form  a continuous  loop  for  the  passage  of  cars 


§ 673] 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1575 


from  and  to  the  main  track  and. tracks  on  said  Madison  avenue;  pro- 
vided, that  if  the  said  loop  shall  run  over  such  private  property  on  the 
east  side  of  said  Madison  avenue,  said  loop  shall  not  approach  nearer 
than  nine  feet  to  the  curb  line  on  the  west  side  of  said  Madison  ave- 
nue, as  said  curb  line  is  now  or  shall  hereafter  be  located,  and  if 
said  loop  shall  run  over  such  private  property  on  the  west  side  of  said 
Madison  avenue,  said  loop  shall  not  approach  nearer  than  9 feet  to 
the  curb  line  on  the  east  side  of  said  Madison  avenue  as  said  curb 
line  is  now  or  shall  be  hereafter  located. 

The  consent,  permission  and  authority  herein  granted  to  said 
South  Chicago  City  Railway  Company  to  construct,  maintain  and 
operate  that  part  of  said  railway  on  Sixty-fourth  street,  between  said 
Stony  Island  avenue  and  Grace  avenue,  is  upon  the  express  condi- 
tion that  the  said  company  shall  acquire  and  dedicate  at  its  own  cost 
and  expense  for  the  perpetual  use  of  the  public,  as  an  additional  road- 
way and  sidewalk,  a strip  of  land  not  less  than  11  y2  feet  in  width 
upon  and  along  the  south  side  of  said  Sixty-fourth  street,  between 
said  Stony  Island  avenue  and  said  Grace  avenue,  and  shall,  at  its 
own  cost  and  expense,  under  the  direction  of  the  commissioner  of 
public  works,  pave  with  macadam  pavement  a roadway  for  the  use 
of  the  public,  twelve  feet  in  width  south  of  and  adjoining  its  south 
track  in  said  Sixty-fourth  street,  between  said  Stony  Island  avenue 
and  said  Grace  avenue;  and  construct  a sidewalk  of  cement  for  the 
use  of  the  public  south  of  and  adjoining  said  roadway,  which  side- 
walk shall  be  not  less  than  eight  feet  in  width;  and  in  order  to  pro- 
vide room  for  the  tracks  herein  authorized  in  said  Sixty-fourth  street, 
between  said  Stony  Island  avenue  and  said  Grace  avenue,  and  for 
said  roadway  and  sidewalk,  said  company  may,  at  its  own  cost  and 
expense,  remove  the  present  sidewalk  on  the  south  side  of  said  Sixty- 
fourth  street,  between  the  avenues  last  named. 

1"  2.  Time  of  completion.]  § 2.  The  permission  and  author- 
ity hereby  granted  are  upon  the  express  condition  that  a double  track 
shall  be  laid  and  completed  within  one  year  after  the  passage  and 
acceptance  of  this  ordinance,  with  the  railway  in  full  operation  there- 
on on  said  Sixty-fourth  street  and  said  Madison  avenue;  provided, 
that  all  the  privileges  hereby  granted  shall  absolutely  determine,  un- 
less said  single  or  double  track  shall  have  been  laid  and  completed 
and  said  railway  be  in  full  operation  thereon  within  the  time  above 
limited;  provided,  however,  that  should  the  construction  or  opera- 
tion of  said  railway,  or  any  part  thereof,  be  delayed  by  the  injunc- 
tion of  any  court  of  competent  jurisdiction,  the  time  of  such  delay 
shall  not  be  reckoned  as  a part  of  the  time  herein  limited,  and  the  city 
of  Chicago  may  intervene  in  such  proceedings  with  all  the  rights  of 
a party  thereto. 

IF  3.  Rails.]  § 3.  The  tracks  hereby  authorized  shall  not  be 
elevated  above  the  surface  of  the  streets,  and  they  shall  be  laid  with 


1576 


STREET  RAILWAYS. 


[§  673 


modern  improved  rails  satisfactory  to  the  commissioner  of  public 
works,  in  such  manner  that  vehicles  can  easily  and  freely  cross  the 
same  at  all  points  in  all  directions  without  obstruction;  and  a permit 
shall  first  be  obtained  from  the  commissioner  of  public  works  before 
beginning  work  under  this  ordinance. 

1 4.  Motive  power— overhead  wires — moving  and  resetting 
poles.]  § 4.  The  cars  to  be  used  on  said  tracks  may  be  operated  by 
electric  power,  and  by  either  the  overhead,  underground,  primary  or 
storage  battery  systems.  In  the  event  that  some  more  favorable,  con- 
venient and  unobjectionable  method  of  furnishing  power  for  the  oper- 
ation of  street  railways  shall  be  discovered,  the  said  company,  its  suc- 
cessors and  assigns,  shall,  with  the  approval  of  the  mayor  and  the 
commissioner  of  public  works,  have  the  right,  or  may  be  compelled 
by  the  mayor  or  commissioner  of  public  works  to  use  the  same  upon 
its  various  lines  in  place  of  or  in  connection  with  the  power  before 
permitted  to  be  used  by  it.  If  electric  power  shall  be  used  by  means 
of  overhead  contact  wires,  such  overhead  wires,  together  with  the  nec- 
essary feed  wires,  may  be  suspended  from  substantial  poles  of  iron 
set  within  the  curb  limits  of  streets  on  either  side  thereof,  or  on  said 
Sixty-fourth  street,  between  said  Stony  Island  avenue  and  Grace  ave- 
nue, center  poles  may  be  used.  Said  trolley  and  feed  wires  shall  be 
suspended  not  less  than  eighteen  and  one-half  feet  above 
the  rails,  and  the  said  poles  and  supports  shall  be  placed 
on  an  average  not  less  than  one  hundred  and  fifteen  feet  apart, 
but  no  poles  shall  be  placed  at  the  intersections  of  streets  and  alleys. 
And  permission  is  hereby  given  said  company  to  connect  said  wires 
with  any  power-house  or  station  or  electric  wires  which  may  be  used 
for  generating  or  conveying  the  electric  power  for  or  to  the  lines  of 
street  railway  now  or  hereafter  owned  or  operated  by  said  company. 
Whenever  the  lines  of  wire  hereby  authorized  shall  cross  other  lines 
of  wire,  the  former  wires  shall  be  protected  by  guard-wires  or  other 
suitable  device  as  may  be  directed  by  the  commissioner  of  public 
works,  and  the  poles  and  wires  hereby  authorized  may  further  be  used 
for  conveying  electricity  for  light,  heat  and  signals  for  the  purposes 
only  of  the  operation  of  said  company’s  street  railway.  And  the  said 
South  Chicago  City  Railway  Company  is  hereby  authorized,  under 
and  subject  to  the  supervision  of  the  commissioner  of  public  works, 
or  many  be  compelled  by  the  mayor  or  commissioner  of  public  works 
to  remove  any  telegraph,  telephone,  electric  railway  or  other  poles, 
with  the  wires  thereto  attached,  now  set  within  or  near  the  present 
curb  line  on  the  south  side  of  said  Sixty-fourth  street,  between  said 
Stony  Island  avenue  and  said  Grace  avenue,  and  to  place  and  set 
the  same  within  or  near  to  the  curb  line  between  the  roadway  and 
the  sidewalk  provided  for  in  this  ordinance  on  the  south  side  of  said 
Sixty-fourth  street,  between  said  Stony  Island  avenue  and  said  Grace 
avenue,  and  the  cost  and  expense  of  removing  and  resetting  said  poles, 


§673] 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1577 


and  of  removing  and  replacing  all  electric,  guard,  span  and  other 
wires  and  their  supports,  and  of  any  necessary  readjustment  of  said 
wires  and  supports,  and  of  the  work  and  material  necessitated  by  the 
change  in  the  position  of  said  poles,  wires  and  supports  in  order  that 
their  use  and  efficiency  may  not  be  injured  or  impaired,  shall  be  borne 
by  the  said  South  Chicago  City  Railway  Company,  and  all  of  said 
work  shall  be  done  under  the  direction  and  supervision  of  the  com- 
missioner of  public  works. 

1 5.  Improvement  and  repair  of  streets.]  § 5.  The  said 
company  as  to  the  streets  and  parts  of  streets  on  which  its  said  tracks 
may  be  laid,  shall  keep  in  good  repair  and  condition  sixteen  feet 
in  width,  where  its  tracks  shall  be  laid,  in  accordance  with  whatever 
order,  ordinance  or  regulation  may  be  passed  or  adopted  by  the  city 
of  Chicago  in  relation  to  such  repairing,  and  when  any  such  street 
is  by  the  city  ordered  to  be  paved,  said  company  shall  pave  said  width 
of  sixteen  feet  where  its  tracks  shall  be  laid,  with  such  pavement  as  is 
required  for  the  remainder  of  the  street,  and  afterward  at  all  times 
keep  the  same  in  repair  while  said  tracks  shall  occupy  said  street;  pro- 
vided, however,  that  with  the  consent  of  the  commissioner  of  public 
works,  said  company  may  pave  with  stone  or  vitrified  brick  that  part 
of  the  street  which  it  is  hereby  required  to  pave. 

1 6.  Restoration  of  streets — deposit — free  riders.]  § 6.  Be- 
fore entering  upon  or  breaking  the  surface  of  any  street  said  com- 
pany shall  procure  a permit  therefor  from  the  commissioner  of  pub- 
lic works,  and  deposit  with  such  commissioner  such  a sum  of  money 
as  shall  be  estimated  by  him  to  be  sufficient  to  defray  the  cost  of 
restoring  such  street  to  its  original  condition. 

IT  7.  Rate  of  fare.]  § 7.  The  rate  of  fare  shall  not  ex- 
ceed five  cents  for  one  continuous  ride  of  one  trip  over  the  lines  of 
said  company;  provided,  that  said  company  shall  provide  and 
furnish  free  of  charge  to  passengers  who  have  paid 
fare  upon  said  lines,  transfer  tickets  at  and  to  such  points  upon  all 
their  intersecting  or  connecting  lines  as  may  be  fixed  by 
the  mayor,  the  commissioner  of  public  works  and  said  company; 
and  provided  that  no  fare  shall  be  charged  policemen  in  uniform  and 
in  citizen  clothes,  or  firemen  in  uniform,  or  United  States  mail  car- 
riers in  uniform;  and,  provided  further,  that  nothing  in  this  section 
contained  shall  be  construed  as  limiting  the  power  of  the  city  to  pro- 
vide a lower  rate  of  fare. 

T 8.  Cars  to  be  heated.]  § 8.  The  cars  upon  the  railway 
hereby  authorized  shall  be  provided  during  the  months  of  November 
to  March  inclusive,  of  each  year,  with  a heating  apparatus  to  be  se- 
lected by  said  company,  which  shall  be  reasonably  effective  in  heating 
said  cars,  and  said  apparatus  shall  be  operated  at  such  times  during 
said  months  as  the  weather  shall  require,  and  on  all  cars,  both  day 
and  night. 


1578 


STREET  RAILWAYS. 


[§  674 


1 9.  License.]  § 9.  The  license  fee  to  be  paid  upon  the  cars 
operated  on  the  lines  hereby  authorized  shall  be  the  same  as  provided 
in  Section  10  of  an  ordinance  entitled  “An  ordinance  authorizing  the 
South  Chicago  City  Railway  Company  to  construct  a street  railway 
on  Commercial  avenue”  and  other  streets,  passed  by  the  city  council 
of  the  city  of  Chicago,  November  2nd,  1891. 

1 10.  Subject  to  ordinances.]  § 10.  The  privileges  granted 
by  this  ordinance  are  granted  subject  to  the  general  ordinances  of  the 
city  of  Chicago  concerning  street  railways  now  in  force  or  which  may 
hereafter  be  passed  by  said  city  under  its  police  powers. 

If  11.  Grant  20  years.]  § 11.  The  grant  herein  given  shall 
extend  and  be  in  force  for  and  during  the  period  that  shall  expire 
twenty  years  from  the  tenth  day  of  October,  1892;  provided  that  a 
bond  shall  be  filed,  and  this  ordinance  be  accepted  as  hereinafter  pro- 
vided. 

1 12.  Indemnity  clause — bond.]  § 12.  Said  company  shall 
indemnify  and  forever  save  harmless  the  city  of  Chicago  from  any 
and  all  damages,  judgments,  decrees,  costs  and  expenses  which  said 
city  may  suffer  or  which  may  be  recoverable  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  the  privileges  hereby 
conferred  upon,  or  for  or  by  reason  of,  or  growing  out  of  or  result- 
ing from  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  privileges  of  this  ordinance,  and 
said  company  shall,  within  the  time  limited  for  the  acceptance  of  this 
ordinance,  file  with  the  city  clerk  a bond  to  said  city  of  Chicago  in  the 
penal  sum  of  five  thousand  dollars,  with  sureties  to  be  approved  by  the 
mayor  of  said  city  of  Chicago,  conditioned  for  the  faithful  performance 
and  observance  by  said  company  of  the  provisions  and  conditions  of 
this  ordinance. 

IT  13.  Bond— acceptance.]  § 13.  This  ordinance  shall  be  in 

force,  and  take  effect  from  and  after  its  passage,  and  acceptance  by 
said  company,  provided  that  the  bond  aforesaid  shall  be  filed  and  this 
ordinance  accepted  within  sixty  days  after  the  passage  of  the  same, 
otherwise  this  ordinance  to  be  void. 

Note:  See  following  amendatory  ordinance  and  also  agreements 
made  a part  of  above  ordinance. 

§ 674.  South  Chicago  City  Railway  company. 

*\\  1.  Amending  section  7 of  foregoing  ordinance. 

If  2.  Section  7 as  amended. 

3.  When  in  force. 

An  ordinance  amending  an  ordinance  granting  certain  privileges  to  the  South 

Chicago  City  Railway  company,  passed  June  8,  1896.  (Passed  June  29,  1896. 

Accepted  July  3,  1896.) 

1 1.  Amending  section  7 of  foregoing  ordinance.]  Be  it  or- 


§ 674] 


SOUTH  CHICAGO  CITY  RAILWAY  COMPANY. 


1579 


dained  by  the  city  council  of  the  city  of  Chicago:-  § I.  That  section 
seven  of  an  ordinance  entitled  “An  ordinance  authorizing  the  South 
Chicago  City  Railway  Company  to  construct  and  operate  a street 
railway  on  Sixty-fourth  street  and  Madison  avenue,”  passed  by  the 
city  council  of  said  city  on  June  8th,  A.  D.  1896,  be  and  the  same  is 
hereby  amended  so  that  same  shall  read  as  follows: 

1 2.  Section  7 as  amended.]  § 2.  The  rate  of  fare  shall  not 
exceed  five  cents  one  continuous  ride  of  one  trip  over  the  lines  of  said 
company;  provided,  that  said  company  shall  provide  and  furnish  free 
of  charge  to  passengers  who  have  paid  fare  upon  said  lines,  trans- 
fer tickets  at  and  to  such  points  upon  all  their  intersecting  or  con- 
necting lines  as  may  be  fixed  by  the  mayor,  the  commissioner  of  public 
works  and  said  company;  and  provided  that  no  fare  shall  be  charged 
policemen  in  uniform  or  firemen  in  uniform. 

IF  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  effect  when  said  original  ordinance  shall  have  been  accepted  and 
bond  filed  as  therein  provided,  and  this  amendatory  ordinance  also 
accepted  in  writing  by  said  company. 

AGREEMENT  DATED  JUNE  22,  1896,  ATTACHED  TO  ORDINANCE 
BY  THE  MAYOR  BEFORE  SIGNING  THE  ORDINANCE  AND  MADE  A 
PART  THEREOF. 

Whereas,  Heretofore  on,  to-wit,  the  8th  day  of  June,  1896,  a certain  ordi- 
nance authorizing  the  South  Chicago  City  Railway  Company  to  construct  and 
operate  a street  railway  on  64th  street  and  Madison  avenue  was  duly  passed 
by  the  city  council  of  the  city  of  Chicago;  and, 

Whereas,  Said  ordinance  is  now  before  the  mayor  of  the  city  of  Chicago 
awaiting  his  action  and  subject  to  be  vetoed  by  him;  and, 

Whereas,  Said  mayor  has  consented  to  approve  said  ordinance  upon  condi- 
tion that  said  South  Chicago  City  Railway  Company  shall  at  once  pay  to  the 
city  of  Chicago  the  sum  of  $1,070.80,  being  its  proportional  share  of  the  cost 
and  expense  of  improving  with  macadamized  pavement  one-half  of  the  mid- 
dle 18  feet  of  Stony  Island  avenue  between  64th  street  and  67th  street,  said 
work  having  been  done  by  the  city  of  Chicago  in  the  year  3892  or  1893,  and 
shall  also  undertake  and  agree  to  immediately  finish  in  accordance  witli  the 
terms  of  its  ordinance,  the  improvement  of  one-half  of  the  middle  18  feet  of 
the  roadway  in  Stony  Island  avenue  from  71st  street  to  79th  street. 

Now,  therefore,  In  consideration  of  the  approval  of  said  ordinance  of 
June  8th,  1896,  by  the  said  mayor,  the  said  railway  company  does  hereby 
undertake  and  agree  to  immediately  make  payment  of  the  said  sum  of 
$1,070.80  as  above  set  forth,  and  agrees  to  immediately  proceed  to  improve 
in  the  manner  specified  in  its  ordinance  of  October  10th,  1892,  one-half  of  the 
middle  18  feet  of  the  roadway  in  Stony  Island  avenue  from  71st  street  to  79th 
street. 

In  witness  whereof,  The  said  railway  company  has  caused  these  presents 
to  be  signed  by  its  president,  attested  under  its  corporate  seal  by  authority  of 
its  board  of  directors  this  22nd  day  of  June,  A.  D.  1896. 

(Seal)  SOUTH  CHICAGO  CITY  RAILWAY  COMPANY, 

By  D.  F.  CAMERON,  President. 

Attest:  O.  L.  GAITHER,  Secretary. 


1580 


STREET  RAILWAYS. 


[§  675 


AGREEMENT  DATED  JUNE  22,  1896,  ATTACHED  TO  ORDINANCE 
BY  THE  MAYOR  BEFORE  SIGNING  THE  ORDINANCE  AND  MADE  A 
PART  THEREOF. 

Whereas,  Heretofore,  on  to-wit,  the  8th  day  of  June,  1896,  a certain  ordi- 
nance authorizing  the  South  Chicago  City  Railway  Company  to  construct  and 
operate  a street  railway  on  64th  street  and  Madison  avenue  was  duly  passed 
by  the  city  council  of  the  city  of  Chicago;  and, 

Whereas,  It  is  in  and  by  said  ordinance  provided  that  said  company  shall 
acquire  and  dedicate  for'the  perpetual  use  of  the  public  as  an  additional  road- 
way and  sidewalk  a strip  of  land  of  not  less  than  11  y2  feet  in  width,  and 
whereas  such  dedication  has  not  at  this  date  been  made,  and  whereas  the 
mayor  of  the  city  of  Chicago  is  desirous  of  securing  the  rights  of  the  public 
by  vetoing  such  ordinance,  unless  he  shall  be  well  assured  that  such  dedica- 
tion will  be  made  as  in  said  ordinance  provided;  and, 

In  consideration  of  the  premises  it  is  hereby  agreed  by  said  South  Chicago 
City  Railway  Company  that  if  the  mayor  shall  not  require  such  dedication  to 
be  made  before  said  ordinance  is  approved,  or  before  the  same  otherwise  goes 
into  effect  then,  and  in  that  case,  said  company  agrees  to  make  such  dedication 
as  provided  in  said  ordinance,  and  more  particularly  agrees  that  it  shall  not 
make  any  application  for,  nor  receive,  nor  have  any  right  to  receive  from  the 
city  of  Chicago  any  permit  to  build  the  railway,'  or  any  part  thereof  men- 
tioned in  said  ordinance,  and  said  company  shall  have  no  right  to  enjoy  any 
of  the  privileges  or  rights  by  said  ordinance  conferred  until  it  shall  have 
first  acquired  the  title  to  said  piece  of  real  estate  and  made  a dedication 
thereof  as  is  in  said  ordinance  provided. 

In  witness  whereof,  said  company  has  caused  the  due  execution  of  this 
written  agreement  by  authority  of  its  board  of  directors  this  22nd  day  of 
June,  A.  D.  1896. 

(Seal)  SOUTH  CHICAGO  CITY  RAILWAY, 

By  D.  F.  CAMERON,  President. 

Attest:  O.  L.  GAITHER,  Secretary. 


SOUTH  END  ELECTRIC  COMPANY. 


675.  South  End  Electric  company. 

If  1.  Grant — location  and  construction  of  tracks, 
^f  2.  Route. 

If  3.  Time  of  completion. 

•[1  4.  Conform  to  grades. 

If  5.  Style  of  rails — planked  at  intersections. 

If  6.  Overhead  contact  wires, 
if  7.  Feeder  wires. 

if  8.  Passenger  traffic — obstruction  by  vehicles. 

If  9.  Rate  of  fare. 

if  10.  Term  of  grant. 

if  11.  Restoration  of  streets. 

if  12.  Reservation  of  rights. 

®lf  13.  Running  time — speed. 

If  14.  Indemnity  clause. 

<jf  15.  Acceptance. 


§ 675] 


SOUTH  END  ELECTRIC  COMPANY. 


1581 


An  ordinance  granting  permission  to  the  South  End  Electric  company  to  con- 
struct, maintain  and  operate  an  electric  street  railway  on  One  Hundred  and 
Third  street  in  the  village  of  West  Roseland.  (Passed  October  29,  189a 
Accepted  November  3,  1890.) 

% 1.  Grant— location  and  construction  of  tracks.]  Be  it  or- 
dained by  the  president  and  board  of  trustees  of  the  village  of  West 
Roseland:  § 1.  That  permission  and  authority  be,  and  the  same  is 

hereby  granted  to  the  South  End  Electric  Company,  its  successors 
and  assigns,  to  construct,  maintain  and  operate  a railroad  with  one 
or  more  tracks,  not  exceeding  two,  to  be  operated  by  electric,  or 
other  satisfactory  power,  except  horse  power  and  steam,  with  such 
tracks  for  turn-tables,  turn-outs,  side-tracks  and  switches,  as  said 
company  may  deem  necessary,  along  or  upon  certain  streets  or  parts  of 
streets  in  the  corporate  limits  of  the  village  of  West  Roseland,  here- 
inafter particularly  mentioned,  and  to  operate  said  railway  in  the 
manner,  for  the  time  and  upon  the  conditions  hereinafter  described. 
Where  any  of  said  streets  is  wholly  in  said  village,  then  not  more  than 
sixteen  feet  as  near  the  center  as  may  be  of  any  street  shall  be  so 
occupied  without  the  consent  of  said  village  or  its  successors,  but 
where  the  boundary  line  of  said  village  falls  in  any  of  said  streets,  then 
only  one  track  shall  be  laid  or  operated  in  such  part  of  said  street  so 
traversed  by  said  boundary  line,  and  not  more  than  eight  feet  of  such 
part  of  said  street  shall  be  so  occupied  without  the  consent  of  said 
village  or  its  successors,  which  eight  feet  of  said  street  shalll  be  with- 
in said  village  and  adjoining  such  boundary  line,  provided  that  where 
the  street  is  wholly  within  the  limits  of  said  village,  then  each  of 
the  tracks  or  any  track  laid  shall  be  within  the  eight  feet  on  each  side 
of  and  adjoining  the  center  line  of  such  street. 

1 2.  Route.]  § 2.  That  the  said  The  South  End  Electric  Rail- 
way Company  or  its  successors  or  assigns,  is  hereby  authorized  to  lay 
the  tracks  with  all  necessary  turn-tables,  turn-outs,  side-tracks  and 
switches  as  provided  in  the  first  section  of  this  ordinance,  along  and 
upon  the  following  streets  in  said  village  of  West  Roseland: 

Commencing  at  the  corner  of  State  street  at  One  Hundred  and 
Third  street,  in  the  village  of  West  Roseland;  thence  west  on  said 
One  Hundred  and  Third  street  to  east  line  of  the  right  of  way  of 
the  Chicago  and  Western  Indiana  Railroad;  thence  on  the  south  half 
of  One  Hundred  and  Third  street  west  to  the  westermost  line  of  said 
village. 

1 3.  Time  of  completion.]  § 3.  One  of  the  tracks  authorized 
to  be  constructed  by  this  ordinance  shall  be  completed  upon  all  of  the 
above  streets  and  such  railroad  and  such  track  shall  be  in  operation 
upon  all  of  said  street  within  twenty-four  months  from  the  date  of 
the  passage. of  this  ordinance;  provided,  that  all  the  rights  and  pri- 
vileges herein  granted  shall,  at  the  expiration  of  twenty-four  months 
after  the  passage  of  this  ordinance,  revert  to  and  vest  absolutely  in  the 


1582 


STREET  RAILWAYS. 


[§  675 


village  of  West  Roseland  or  its  successors,  as  to  all  streets  and  parts 
of  streets  hereinbefore  mentioned,  unless  all  of  them  at  the  said  time 
shall  be  occupied  by  said  railway  tract  in  full  operation.  The  said 
The  South  End  Electric  Railway  Company,  its  successors  or  assigns, 
shall  have  the  right  and  privilege  of  laying  and  operating  the  second 
track  authorized  in  the  first  section  hereof,  whenever  it  or  its  suc- 
cessors shall  deem  it  expedient,  or  public  travel  requires  it.  Provided 
further,  that  if  the  said  The  South  End  Electric  Railway  Company,  its 
successors  or  assigns,  shall  be  restrained  or  prevented  from  proceed- 
ing with  the  work  upon  said  railway  track  by  order  or  authority  of 
any  court  of  competent  judisdiction,  the  time  during  which  it  or  they 
may  be  so  delayed,  shall  be  added  to  the  time  herein  prescribed  for  the 
completion  of  said  railway  .track.  The  village  of  West  Roseland,  or 
its  successors,  shall,  however,  have  the  right  to  intervene  in  any  suit 
for  an  injunction  to  restrain  said  party  or  parties  as  aforesaid,  and 
move  for  the  dissolution  of  the  injunction,  in  case  such  suit  shall  be 
deemed  collusive,  or  for  the  purpose  of  delay,  or  of  extending  the 
time  for  the  completion  of  said  track. 

T 4.  Conform  to  grades.]  § 4.  The  said  South  End  Electric 
Railway  Company,  its  successors  or  assigns,  in  the  construction  of 
said  railway,  shall  conform  to  all  grades  in  the  streets  so  traversed  by 
said  railway  as  they  now  exist  or  which  may  hereafter  be  adopted  by 
the  village  of'  West  Roseland. 

If  5.  Style  of  rails— planked  at  intersections.]  § 5.  The 

tracks  of  said  railway  shall  be  constructed  of  side  bearing,  or  what 
may  be  termed  flat  rails,  not  to  be  elevated  above  the  surface  of  the 
streets,  and  shall  be  of  the  standard  gauge  of  four  feet,  eight  and  one- 
half  inches,  and  said  railway  tracks,  turn-outs,  side-tracks,  switches 
and  turntables  shall  be  so  laid  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  said  track  or  tracks  at  any  and  all  points.  The 
said  track  or  tracks  shall  be  laid  under  the  supervision  of  the  village 
of  West  Roseland. 

It  is  further  provided  that  said  track  or  tracks  at  all  intersections 
of  streets,  shall  be  planked  between  the  rails. 

1 6.  Overhead  contact  wires.]  § 6.  The  cars  upon  said  rail- 
way shall  be  propelled  by  electric  overhead  wires  suspended  from 
poles,  set  within  the  curb  line  limit  of  the  street,  and  on  either  side 
thereof,  where  both  sides  are  in  said  village,  and  when  only  one  side 
thereof  is  in  said  village,  then  on  that  side  only,  and  so  adjusted  as 
not  to  obstruct  the  public  use  of  the  streets  and  sidewalks.,  * The  said 
wires  shall  be  suspended  not  less  than  eighteen  and  one-half  feet 
above  the  rails,  and  said  poles  or  supports  shall  be  placed  on  an  aver- 
age of  not  less  than  one  hundred  and  fifteen  feet  apart,  except  at  the 
intersection  of  streets  and  avenues,  when  the  said  distance  will  place 
the  poles  or  supports  on  intersecting  streets  and  avenues.  And  in 


§ 675] 


SOUTH  END  ELECTRIC  COMPANY. 


1583 


the  event  that  some  more  favorable  and  unobjectionable  method  for 
furnishing  electricity  or  other  satisfactory  or  motor  power  for  the 
operation  of  said  road  be  discovered,  said  The  South  End  Electric 
Railway  Company,  its  successors  or  assigns,  shall  have  the  right  to 
adopt  the  same  in  place  of  or  in  connection  with  the  use  of  said  elec- 
trical overhead  contact  wires. 

1 7.  Feeder  wires.]  § 7.  Said  the  South  End  Electric  Rail- 
way Company,  its  successors  or  assigns,  shall  operate  said  railway  by 
electric  motor  power  or  other  satisfactory  power,  except  horse  power, 
or  steam,  except  in  case  of  accident  to  machinery,  making  it  neces- 
sary that  said  cars  may  be  propelled  by  animal  power  for  a period  not 
exceeding  thirty  days  for  any  one  accident,  and  to  enable  the  said 
road  to  be  operated,  the  said  The  South  End  Electric  Railway  Com- 
pany, its  successors  or  assigns,  shall  have  the  right  to  connect  the 
wires  of  other  motor  power  herein  authorized  with  the  generator  or 
power  station,  or  any  station  or  car  house  that  may  be  erected  along 
the  line  of  said  railway. 

1*  8.  Passenger  traffic— obstruction  by  vehicles.]  § 8.  The 

cars  or  carriages  to  be  used  on  said  railway  shall  be  used  for  no  other 
purpose  than  to  carry  passengers  and  their  ordinary  baggage  and  the 
public  mails.  And  the  said  cars  shall  be  entitled  to  the  track,  and 
in  all  cases  when  any  train  or  vehicle  shall  meet  or  be  overtaken  by  a 
car  upon  said  railway  track,  such  team  or  vehicle  shall  give  way  to 
said  car. 

1 9.  Rate  of  fare.]  § 9.  The  rates  of  fare  for  any  continuous 
trip  from  one  point  to  another  on  the  line  of  said  railway  or  any  of 
its  lines  now  or  hereafter  established  by  it,  or  its  successors  or  as- 
signs, or  over  the  streets  heretofore  named,  shall  not  exceed  five  cents. 

T 10.  Term  of  grant.]  § 10.  The  rights  and  privileges  here- 
by granted  to  the  said  The  South  End  Electric  Railway  Company,  its 
successors  and  assigns,  shall  continue  for  a period  of  twenty  years 
from  and  after  the  time  this  ordinance  shall  take  effect. 

1 11.  Restoration  of  streets.]  § 11.  The  said  The  South 
End  Electric  Railway  Company,  its  successors  or  assigns,  shall  do 
no  permanent  injury  to  any  street,  sidewalk,  alley  or  avenue,  nor  in- 
terfere with  any  water  pipe,  sewer  or  gas  pipe  now  or  hereafter  laid 
by  said  village  of  West  Roseland,  but  in  the  construction  of  said 
railway  shall  restore  the  streets,  pavement,  sidewalk  or  ground,  or 
water  pipe,  sewer  or  gas  pipe,  to  a condition  equally  as  good  as  before 
the  laying  of  said  railway  at  the  expense  of  said  The  South  End 
Electric  Railway  Company,  its  successors  and  assigns,  and  if  it,  or 
its  successors  or  assigns,  as  the  case  may  be,  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  the  village  of  West  Roseland,  and  said 
company,  or  its  successors  or  assigns,  as  the  case  may  be,  shall  be 
liable  for  the  cost  thereof. 


1534 


STREET  RAILWAYS. 


[§  675 


1 12.  Reservation  of  rights.]  § 12.  Nothing  herein  con- 
tained shall  impair  or  abridge  the  right  of  the  village  to  dig  up  or 
open  said  street  or  avenue  or  any  portion  thereof,  and  to  temporarily 
remove  said  tracks  and  roadbeds  for  the  purpose  of  laying  sewers  or 
water  pipes,  or  gaspipes,  or  wires  for  any  purpose,  or  making  any 
similar  improvements  or  of  repairing  the  same. 

1 13.  Running  time — speed.]  § 13.  This  ordinance  is  grant- 
ed upon  the  express  condition  that  trains  shall  be  run  upon  each 
track  constructed  by  the  said  The  South  End  Electric  Railway  Com- 
pany, its  successors  or  assigns,  at  least  once  per  hour  between  the 
hours  of  six  a.  m.  and  12  p.  m.,  except  when  delay  is  caused  through 
unavoidable  accident,  breakage  of  machinery  or  other  cause  beyond 
the  control  of  said  The  South  End  Electric  Railway  Company,  its 
successors  or  assigns,  and  the  speed  of  all  trains  to  be  operated  by 
virtue  of  this  ordinance  shall  be  subject  to  control  by  ordinance  of 
the  village  of  West  Roseland,  and  its  successors,  regulating  the  speed 
of  electric  or  cable  railways. 

IT  14.  Indemnity  clause.]  § 14.  The  said  The  South  End 
Electric  Railway  Company,  its  successors  or  assigns,  shall  defend 
and  save  harmless  the  village  of  West  Roseland,  its  successors  or  as- 
signs, of  and  from  any  and  all  damage,  judgments,  decrees  and  costs 
connected  therewith  which  may  be  rendered  against  said  village,  its 
successors  or  assigns,  by  reason  of  the  granting  of  the  rights  and 
privileges  herein  contained,  or  which  may,  in  any  way  accrue,  or 
arise,  or  grow  out  of  the  exercise  by  the  said  The  South  End  Electric 
Railway  Company,  or  its  successors  or  assigns,  of  the  rights  and 
privileges  hereby  granted. 

IF  15.  Acceptance.]  § 15.  This  ordinance  shall  take  effect 
when  the  said  The  South  End  Electric  Railway  Company,  its  success- 
ors or  assigns,  shall  accept  in  writing  the  terms  and  conditions  of  this 
ordinance;  Provided,  that  if  the  said  The  South  End  Electric  Railway 
Company,  its  successors  or  assigns,  shall  not  file  an  acceptance  in 
writing  of  this  ordinance  within  thirty  days  from  the  passage  thereof, 
then  this  ordinance  shall  be  of  no  force  and  effect  and  all  the  rights 
herein  granted  shall  absolutely  cease  and  determine. 


§ 676]  SOUTHWEST  CHICAGO  RAPID  TRANSIT  COMPANY. 


1585 


SOUTHWEST  CHICAGO  RAPID  TRANSIT  COMPANY. 

§ 676.  Southwest  Chicago  Rapid  Transit  company. 

1.  Grant — rcfcte. 

2.  Rate  of  fare — police,  etc.,  to  ride  free. 

3.  Construction  of  tracks — rails. 

4.  Motive  power — storage  batteries — passenger  service. 

5.  Improvement  and  repair  of  streets — consent  of  council  transfer, 
if  6.  Time  of  completion — forfeiture. 

if  7.  Removal  of  tracks — street  restoration, 
if  8.  Damages, 
if  9.  Heating  cars, 
if  10.  Indemnity  clause, 
if  11.  Bond. 

if  12.  When  in  force — acceptance — bond. 

An  ordinance  granting  permission  to  the  Southwest  Chicago  Rapid  Transit  com- 
c pany  to  lay  tracks  along  Sixty-third  street  from  Ashland  avenue  to  Central 

Park  avenue.  (Passed  March  20,  1893.) 

IT  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance  here- 

of and  the  undertaking  of  the  Southwest  Chicago  Rapid  Transit  Com- 
pany to  comply  with  the  provisions  herein  contained,  consent,  per- 
mission and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate  for 
the  period  of  twenty  years  from  the  passage  hereof,  a single  or  double 
track  street  railway,  with  all  necessary  and  convenient  turn-outs  and 
switches  in,  upon,  over  and  along  Sixty-third  street,  between  Ashland 
avenue  and  Central  Park  avenue. 

1 2.  Rate  of  fare— police,  etc.,  to  ride  free.]  § 2.  The 
rate  of  fare  to  be  charged  upon  the  line,  hereby  authorized,  shall  not 
exceed  five  (5)  cents  for  one  continuous  ride  of  one  trip  on  said  line 
and  it’s  extensions  for  any  distance  within  the  present  or  future  city 
limits;  Provided,  however,  that  no  fare  shall  be  collected  from  any 
policeman,  fireman  or  United  States  letter  carrier  when  in  uniform. 

If  3.  Construction  of  tracks— rails.]  § 3.  The  tracks  of  said 
railway  shall  not  be  elevated  above  the  surface  of  the  street  and  shall 
be  laid  with  modern  improved  rails  and  in  such  a manner  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  the  same,  at  all 
points  and  in  all  directions,  without  obstruction  and  shall,  also,  be 
laid  as  near  to  the  center  of  the  street  as  practicable.  Section  1509 
of  the  Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  rail- 
road tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satis- 
factory to  the  mayor  and  commissioner  of  public  works  and  shall  be 
laid  under  their  direction. 

1"  4.  Motive  power — storage  batteries — passenger  service.] 

§ 4.  The  cars  to  be  used  on  said  railway  may  be  operated  by  animal, 
electric  power  or  by  noiseless  steam  motors,  and  shall  be  used  for  no 
other  purpose  than  to  carry  passengers  and  their  ordinary  packages. 

100 


1586 


STREET  RAILWAYS. 


[§  676 


In  the  event  of  electric  power  being  used,  the  same  shall  be  primary 
or  storage  batteries.  Nothing  herein  contained  shall  authorize  such 
company  to  use  overhead  wires  for  transmission  of  electricity  if  that 
shall  be  the  motive  power  used. 

If  5.  Improvement  and  repair  of  streets  — consent  of  coun- 
cil to  transfer.]  § 5.  The  said  company,  as  to  the  part  of  said 
street  in  and  upon  which  its  said  railway  may  be  laid,  shall  keep  six- 
teen feet  in  width  in  good  condition  and  repair,  during  all  the  time  to 
which  the  privileges  hereby  granted  shall  extend,  in  accordance  with 
whatever  order,  ordinance  or  regulation  may  be  passed  or  adopted  by 
the  city  council  in  relation  to  such  repairing  and,  when  any  new  im- 
provement shall  be  ordered,  the  said  railway  company  shall,  in  the 
manner  which  may  be  required  of  the  owners  of  property  fronting  on 
said  part  of  said  street,  make  such  new  improvement  and,  if  the  com- 
pany shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by  the  city 
and  the  company  shall  be  liable  to  the  city  for  the  cost  thereof;  and, 
further,  that  it  shall  be  conditional  that  if  the  said  Southwest  Chicago 
Rapid  Transit  Company  shall  sell,  transfer  or  lease  any  of  the  rights 
and  privileges  conferred  on  it  by  this  ordinance  to  any  other  com- 
pany or  persons,  unless  upon  consent  of  the  city  council,  during  the 
period  of  said  ordinance,  it  shall  immediately,  upon  the  establishment 
of  said  fact,  be  declared  null  and  void  and  its  rights  cease  under  this 
ordinance. 

1"  6.  Time  of  completion— forfeiture.]  § 6.  The  tracks  here- 
in authorized  shall  be  laid  within  one  year  from  the  passage  and  ac- 
ceptance of  this  ordinance  and,  if  the  said  company  shall  fail  to  com- 
plete said  tracks  within  said  time  the  rights  and  privileges  herein 
granted  shall  cease  and  determine;  Provided,  that,  if  said  company 
shall  be  restrained  or  prevented  from  proceeding  with  the  work  upon 
said  railroad  tracks  by  the  order  or  writ  of  any  court  of  competent 
jurisdiction  the  time  during  which  said  company  may  be  so  delayed 
shall  be  added  to  the  time  herein  prescribed  for  the  completion  of 
said  railway  tracks.  The  city  shall,  however,  have  the  right  to  in- 
tervene in  any  suit  for  an  injunction,  to  restrain  the  said  company, 
as  aforesaid,  and  move  for  the  dissolution  of  the  injunction  in  case 
such  suit  shall  be  deemed  collusive,  or  for  the  purpose  of  delay,  or 
of  extending  the  time  for  the  completion  of  said  tracks. 

T 7.  Removal  of  tracks— street  restoration.]  § 7.  When 
the  right  of  said  railway  company  to  operate  its  railways  on  said  part 
of  said  street  shall  cease  and  determine,  said  company  shall  remove 
the  tracks  from  the  said  part  of  said  street  and  put  the  said  street  from 
which  said  tracks  shall  be  removed  in  as  good  condition  as  the  adja- 
cent parts  of  said  street.  Tbe  said  company  shall  pay  in  to  the  city 
treasury  of  the  city  of  Chicago*,  for  the  use  of  said  city,  the  sum  of  fifty 
($50)  dollars  as  an  annual  license  fee  for  each  and  every  car  used  by 
said  company.  k i 


§ 677]  SOUTHWEST  CHICAGO  RAPID  TRANSIT  COMPANY.  1587 

IT  8.  Damages.]  § 8.  The  said  Southwest  Chicago  Rapid 
Transit  Company  shall  pay  all  damages  to  the  owners  of  property 
abutting  on  the  said  part  of  said  street  upon  or  over  which  its  road 
may  be  constructed  which  said  owners  may  sustain  by  reason  of  the 
location  or  construction  of  said  road. 

If  9.  Heating  cars.]  § 9.  The  cars  upon  the  railway  hereby 
authorized  shall  be  provided,  during  the  months  of  November,  De- 
cember, January,  February  and  March  of  each  year,  with  heating  ap- 
paratus, of  a kind  and  nature  to  be  selected  by  said  company,  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  cars 
and  heating  the  same,  and  said  apparatus  shall  be  operated  at  such 
times  during  the  months  aforesaid  as  the  need  of  the  weather  and 
degree  of  temperature  shall  require. 

If  10.  Indemnity  clause.]  § 10.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city  for  or  by  reason  of  the  granting  of  such  privileges  or 
for  or  by  reason  of  or  growing  out  of  or  resulting  from  the  exercise 
by  said  company  of  the  privileges  hereby  granted,  or  from  any  act  or 
acts  of  said  company,  its  servants  or  agents,  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

T 11.  Bond.]  § 11.  The  Southwest  Chicago  Rapid  Transit 
Company  shall  execute  to  the  city  of  Chicago  a good  and  sufficient 
bond  in  the  penal  sum  of  $10,000,  to  be  approved  by  the  mayor,  con- 
ditioned for  the  faithful  observance  and  performance  of  the  provisions 
and  conditions  of  this  ordinance,  on  its  part  to  be  observed  and  per- 
formed as  aforesaid. 

If  12.  When  in  force — acceptance — bond.]  § 12.  This  ordi- 
nance shall  take  effect  and  be  in  force  as  soon  as  the  company  shall 
file  with  the  city  clerk  its  formal  acceptance  of  the  same  and  the  bond 
as  herein  prescribed;  Provided,  however,  that  if  said  acceptance  and 
bond  shall  not  be  filed,  as  aforesaid,  within  sixty  days  from  the  passage 
hereof,  this  ordinance  shall  be  void  and  of  no  effect. 

Note. — See  following  ordinances  re-enacting  and  amending  the 
above  ordinance. 

§ 677.  Southwest  Chicago  Rapid  Transit  company. 

1.  Re-enactment  of  foregoing  ordinance. 

An  ordinance  to  re-enact  an  ordinance  entitled  “An  ordinance  granting  permis- 
sion to  the  Southwest  Chicago  Rapid  Transit  company  to  lay  tracks  along 

Sixty-third  street  from  Ashland  avenue  to  Central  Park  avenue,”  passed 

March  20,  1893.  (Passed  June  19,  1893.  Accepted  June  20,  1893.) 

If  1.  Re-enactment  of  foregoing  ordinance.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  an  ordinance 

entitled  “An  ordinance  granting  permission  to  the  Southwest  Chicago 


1588 


STREET  RAILWAYS. 


[§678 


Rapid  Transit  Company  to  lay  tracks  along  Sixty-third  street,  from 
Ashland  avenue  to  Central  Park  avenue,”  passed  March  20th,  1893,  as 
printed  and  set  forth  at  length  in  the  printed  council  proceedings  pub- 
lished by  authority  of  the  city  council  for  the  year  1893,  on  pages  2657 
and  2658  thereof,  be  and  the  same  is  hereby  re-enacted,  passed  and 
adopted,  as  fully  and  completely  as  if  the  same  were  herein  set  forth 
at  length. 

Note. — See  following  amendatory  ordinance. 

§ 678.  Southwest  Chicago  Rapid  Transit  company. 

1.  Amending  section  2 of  foregoing  ordinance, 
if  2.  Section  2 as  amended, 
if  3.  Amending  section  4. 

% 4.  Section  4 as  amended, 
if  5.  Amending  section  5. 
if  6.  Acceptance — new  bond. 

An  ordinance  to  amend  an  ordinance  granting  permission  to  the  Southwest  Chi- 
cago Rapid  Transit  company  to  lay  tracks  on  Sixty-third  street,  passed 
March  23  (20th),  1893,  and  re-enacted  and  passed  June  19,  1893.  (Passed  Feb- 
ruary 24,  1896.  Accepted  March  3,  1896.) 

if  1.  Amending  section  2 of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the 

ordinance  passed  by  the  city  council  of  the  city  of  Chicago  March 
23rd  (20th),  1893,  and  re-enacted  and  passed  June  19th,  1893,  granting 
permission  to  the  Southwest  Chicago  Rapid  Transit  Company  to  lay 
tracks  on  Sixty-third  street  between  Ashland  avenue  and  Central 
Park  avenue  be,  and  the  same  is  hereby,  amended  by  eliminating  sec- 
tion two  (2)  from  the  said  ordinance  and  substituting  in  lieu  thereof 
the  following  section,  to  be  known  hereafter  as  section  two  (2)  01  said 
ordinance: 

1 2.  Section  2 as  amended.]  § 2.  The  rate  of  fare  to  be 

charged  upon  the  line  hereby  authorized  shall  not  exceed  five  cents 
for  one  continuous  ride  on  said  line  and  its  extensions,  and  any  other 
company  operating  the  same  as  the  successor,  assignee  or  lessee  there- 
of shall  carry  and  convey  passengers  by  transfer  tickets  to  and  from 
and  over  the  same  upon  payment  of  one  cash  fare  of  five  cents  in  the 
same  way  and  manner  that  it  would  do  if  such  successor,  assignee  or 
lessee  actually  owned  the  said  line  or  right  of  way  and  operated  the 
. same  in  connection  with  and  as  a part  of  its  own  lines;  Provided,  how- 
ever, that  no  fare  shall  be  collected  from  any  policeman  or  fireman 
when  in  full  uniform. 

IT  3.  Amending  section  4.]  § 3.  That  the  above  described 

ordinance  be  and  the  same  is  hereby  amended  by  eliminating  section 
four  (4)  from  the  said  ordinance  and  substituting  in  lieu  thereof  the 
following  section,  to  be  known  hereafter  as  section  four  (4)  of  said 
ordinance. 

1 4.  Section  4 'as  amended.]  T § 4.  The  cars  to  be  used  on 


§ 678]  SOUTHWEST  CHICAGO  RAPID  TRANSIT  COMPANY.  1589 

said  railway  may  be  operated  by  animal  or  electric  power,  and  shall  be 
used  for  no  other  purpose  than  to  carry  passengers  and  their  ordinary 
packages.  If  electric  power  shall  be  used  by  means  of  overhead  con- 
tact wires,  such  overhead  wires,  together  with  the  necessary  feed  wires, 
may  be  suspended  from  poles  set  within  the  curb  limits  of  the  street 
on  either  side  thereof,  or  from  bracket  poles  placed  in  the  center  of 
the  street  along  such  line  or  route,  the  placing  of  said  poles  to  be  de- 
termined by  the  mayor  and  commissioner  of  public  works,  and  said 
poles  to  be  of  ornamental  iron  or  steel  and  of  such  construction  and  de- 
sign as  the  mayor  and  commissioner  of  public  works  may  approve. 
Said  poles  and  feeder  wires  shall  be  suspended  not  less  than  eighteen 
and  a half  (183/6)  feet  above  the  rails,  and  the  said  poles  and  supports 
shall  be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen 
(115)  feet  apart.  No  poles  shall  be  set  at  the  intersection  of  streets 
and  alleys.  Such  poles  and  wires  to  be  erected  and  maintained  tor 
the  purpose  of  supplying  electric  current  which  can  be  used  for  power, 
heat  and  light  purposes  for  the  said  company.  Before  making  any 
excavation  or  in  any  wise  interfering  with  the  surface  of  any  street  or 
alley,  said  company  shall  obtain  from  the  commissioner  of  public 
works  a permit  therefor,  and  shall  also  deposit  with  the  treasurer  of 
the  city  of  Chicago  a sum  sufficient  to  cover  the  cost  of  restoring  such 
street  or  alley,  according  to  an  estimate  of  the  probable  cost  thereof, 
to  be  made  by  the  commissioner  of  public  works  in  each  case.  Said 
company  shall  establish  and  maintain  a metallic  return  circuit  con- 
ductor, independent  of  the  rails,  upon  all  the  lines  of  street  railroad 
hereby  authorized  to  be  operated  by  electric  overhead  contact  wires. 
Whenever  other  lines  of  wire  cross  the  lines  of  wires  to  be  strung  by 
virtue  of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard 
wires  or  other  suitable  mechanical  device,  as  may  be  directed  by  the 
commissioner  of  public  works. 

If  5.  Amending  section  5.]  § 5.  That  section  five  (5)  of  the 

above  described  ordinance  be,  and  the  same  is  hereby,  amended  by 
eliminating  therefrom  the  following  words: 

‘‘And  further,  it  shall  be  conditional  that  if  the  said  Southwest 
Chicago  Rapid  Transit  Company  shall  sell,  transfer  or  lease  any  of 
the  rights  and  privileges  conferred  on  it  by  this  ordinance  to  any  com- 
pany or  person  unless  upon  consent  of  the  city  council  during  the 
period  of  said  ordinance,  it  shall,  immediately  upon  the  establishing 
of  such  fact,  be  declared  null  and  void  and  its  rights  cease  under  this 
ordinance.” 

% 6.  Acceptance — new  bond.]  § 6.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  the  said  company  shall  file  with 
the  city  clerk  its  formal  acceptance  of  the  same,  together  with  a new 
bond,  in  lieu  of  the  original  bond,  in  the  sum  of  ten  thousand  ($10,000) 
dollars,  to  be  approved  by  the  mayor  of  said  city,  and  conditioned  to 
indemnify  the  city  from  all  damages  which  said  city  may  suffer  from 


1590 


STREET  RAILWAYS. 


[§  679 


the  passage  of  the  original  ordinance,  as  well  as  from  the  passage  of 
this  amendatory  ordinance.  Said  bond  and  acceptance  to  be  filed 
within  thirty  (30)  days  from  the  passage  hereof,  otherwise  this  ordi- 
nance shall  be  void  and  of  no  effect. 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 
679.  West  Chicago  Street  Railroad  company. 


1 

I. 

Grant — term — route. 

2. 

Motive  power — cable  authorized. 

1 

3- 

Tracks,  how  laid. 

11 

4- 

Rate  of  fare, 

• 

5. 

Time  of  completion. 

1: 

6. 

Remove  tracks. 

If 

7. 

Street  improvement  and  repair. 

1 

8. 

Speed  may  be  regulated. 

If 

9- 

License  fee. 

1 

10. 

Indemnity  clause. 

1 

11. 

Bond. 

1 

12. 

When  in  force. 

An  ordinance  granting  permission  and  authority  to  the  West  Chicago  Street  Rail- 
road company  to  operate  and  maintain  a street  railway  on  South  Jefferson 
street.  (Passed  March  30,  1888.  Accepted  April  2,  1888.) 

If  1.  Grant — term — route.]  Be  it  ordained  by  the  city  council 

of  the  city  of  Chicago:  § 1.  In  consideration  of  the  acceptance  here- 

of, and  the  undertaking  by  the  West  Chicago  Street  Railroad  Com- 
pany to  comply  with  the  provisions  and  conditions  herein  contained, 
permission  and  authority  are  hereby  given  to  said  company,  its  sue- 
cessors  and  assigns,  to  construct,  maintain  and  operate,  for  the  period 
of  twenty  years  from  and  after  the  passage  of  this  ordinance,  a single 
or  double  track  street  railway  upon,  over  and  along  South  Jefferson 
street,  in  the  city  of  Chicago,  between  West  Washington  street  and 
West  Madison  street,  with  the  right  to  connect  with  other  street  rail- 
road tracks  on  said  West  Washington  and  West  Madison  streets. 

! 2.  Motive  power— cable  authorized.]  § 2.  Animal  power 
may  be  used  upon  the  tracks  hereby  authorized  to  be  laid,  or  the  same 
may  be  operated  by  stationary  engines  not  located  upon  any  stieet 
or  public  place  in  the  city,  and  subject  to  the  restrictions  and  upon  the 
terms  and  conditions  mentioned  in  this  ordinance.  For  the  purpose 
of  operating  said  cars  by  said  stationary  engines  said  company  may 
make  all  necessary  trenches,  excavations,  sewer  connections  and  place 
all  needful  and  convenient  endless  cables  aiid  machinery  in  said  street, 
so  that  such  cables  and  machinery  shall  be  underground  and  shall  not 
interfere  with  public  travel;  Provided,  that  if  in  constructing  said 


§ 679]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1591 

trenches  and  excavations,  or  using  the  same,  any  damage  or  injury 
shall  result  to  any  of  the  sewers,  water  pipes  or  private  drains,  then 
the  said  company  shall  pay  and  be  liable  therefor;  and  said  company 
shall  pay  all  damages  to  owners  of  property  abutting  upon  the  said 
part  of  Jefferson  street  which  they  may  sustain  by  reason  of  the  loca- 
tion or  construction  of  said  railroad,  the  same  to  be  ascertained  and 
paid  in  the  manner  provided  by  law  for  the  exercise  of  the  right  of 
eminent  domain. 

If  3.  Tracks,  how  laid.]  § 3.  The  tracks  of  said  railway  shall 
not  be  elevated  in  said  street  above  the  level  of  the  roadway  thereof, 
and  they  shall  be  laid  with  modern  improved  rails,  in  such  manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction;  Provided,  section 
1509  of  the  Municipal  Code  of  the  city  of  Chicago  shall  not  apply  to 
the  rails  to  be  laid  upon  the  track  herein  authorized,  but  such  rails 
shall  be  of  a kind  satisfactory  to  the  mayor  and  commissioner  of  public 
works.  The  aperture  opening  into  the  trenches  hereby  authorized 
shall  not  exceed  five-eighths  of  an  inch  in  width.  Each  of  the  tracks 
hereby  authorized  shall  be  laid  as  near  the  center  of  the  street  as 
practicable. 

| J 1*  4.  Rate  of  fare.]  § 4.  Said  company  shall  operate,  when 
cable  cars  are  run,  not  to  exceed  two  cars  and  one  grip-car  attached 
together,  with  a driver  in  charge  of  the  grip-car  and  one  conductor  in 
charge  of  each  additional  car.  The  cars  to  be  used  upon  said  railway 
shall  be  constructed  with  all  the  latest  improvements  for  the  comfort 
and  convenience  of  the  passengers,  and  shall  be  used  for  no  other  pur- 
pose than  for  the  transportation  of  passengers.  The  rate  of  fare  shall 
not  exceed  five  cents  for  each  passenger  for  any  continuous  travel  at 
one  ride  over  the  tracks  of  said  company,  and  the  tracks  of  the  Chi- 
cago West  Division  Railway  Company  or  the  Chicago  Passenger 
Railway  Company. 

T 5.  Time  of  completion.]  § 5.  The  tracks  hereby  author- 
ized shall  be  completed  before  the  first  day  of  December,  A.  D.  1888. 
If  the  said  company  shall  fail  to  complete  such  track  within  the  time 
mentioned  herein,  the  rights  and  privileges  hereby  granted  shall  cease 
and  determine;  Provided,  that  if  said  company  shall  be  delayed  by  the 
writ  of  injunction  of  any  court  from  proceeding  with  the  work  upon 
such  track,  the  time  of  such  delay  shall  be  excluded  from  the  time 
provided  herein  for  the  completion  of  said  track;  Provided,  however, 
that  the  city  law  department  may  intervene  in  any  such  suit  and  move 
for  the  dissolution  of  such  injunction,  in  case  the  suit  may  be  deemed 
by  such  law  department  to  be  collusive  or  for  the  purpose  of  d«lay. 

IT  6.  Remove  tracks.]  § 6.  When  the  right  of  said  company 
to  operate  its  railway  upon  said  street  shall  cease,  said  company  shall 
remove  its  tracks  from  the  same  and  place  the  same  in  as  good  condi- 
tion as  when  tracks  were  laid. 


1592 


STREET  RAILWAYS. 


[§  679 


T 7.  Street  improvements  and  repairs.]  § 7.  Said  company, 
as  to  the  part  of  Jefferson  street  in  and  upon  which  its  said  railway  may 
be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall  be  laid 
and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  in  good 
condition  and  repair  during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extend,  in  accordance  with  whatever  ordinance  or  regu- 
lation may  be  passed  or  adopted  by  the  city  council  in  relation  to  such 
repairing;  and  when  any  new  improvement  shall  be  ordered  by  the 
city  council  for  the  said  part  of  Jefferson  street  said  company  shall,  in 
the  manner  which  may  be  required  by  owners  of  property  fronting  on 
said  street,  make  such  new  improvement  for  the  width  of  eight  feet 
where  a single  track  shall  be  laid  and  for  a width  of  sixteen  feet  where 
a double  track  shall  be  laid;  and  if  said  company  shall  refuse  or  fail  so 
to  do,  the  same  may  be  done  by  the  city  and  the  company  shall  be 
liable  to  the  city  for  the  cost  thereof. 

8.  Speed  may  be  regulated.]  § 8.  The  city  council  shall 
have  power  at  all  times  to  make  such  regulations  as  to  the  rate  of  speed 
of  said  cars  as  the  public  interest  or  convenience  may  require. 

T 9.  License  fee.]  § 9.  The  provisions  of  section  one  of  the 
ordinance  concerning  street  railways  in  the  city  of  Chicago,  passed 
July  30th,  1883,  and  the  license  fee  of  fifty  ($50)  dollars  per  car, as  there- 
in imposed,  shall  extend  to  the  cars  to  be  run  on  the  railway  hereby 
authorized;  Provided,  that  but  one  license  fee  shall  be  charged  tor 
cars  running  over  the  lines  of  said  company  in  connection  with  the 
lines  of  the  Chicago  West  Division  Railway  Company,  or  the  Chicago 
Passenger  Railway  Company. 

1"  10.  Indemnity  clause.]  § 10.  Said  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city  for,  or  by  reason  of,  or  growing  out  of,  or  resulting 
from  the  passage  of  this  ordinance,  or  any  matter  or  thing  connected 
herewith,  or  with  the  exercise  by  said  company  of  the  privileges  here- 
by granted,  or  from  any  act  or  acts  by  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

f 11.  Bond  .]  § 11.  The  said  company  shall  enter  into  a good  and 
sufficient  bond  with  the  city  of  Chicago,  in  the  penal  sum  of  ten  thou- 
sand dollars  ($10,000),  for  the  faithful  performance  of  all  the  terms  and 
conditions  contained  in  this  ordinance  and  conditioned  to  indemnify 
and  save  harmless  the  city  of  Chicago  of  and  from  all  damages  which 
may  be  occasioned  or  which  in  any  way  may  accrue  or  arise,  or  grow 
out  of,  the  exercise  by  said  company  of  the  privileges  hereby  granted. 

T 12.  When  in  force.]  § 12.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  same  shall  be  duly  accepted  by  said  com- 
pany and  the  said  company  shall  have  executed  and  filed  with  the  city 
clerk  the  bond  provided  for  herein,  in  the  manner  and  form  as  herein- 


§ 68°] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1593 


before  required;  Provided,  however,  that  unless  this  ordinance  shall 
be  duly  accepted  and  the  said  bond  executed  and  filed  within  sixty 
(60)  days  of  the  passage  hereof,  this  ordinance  shall  be  null  and  void. 

§ 680.  West  Chicago  Street  Railroad  company. 

1.  Preamble. 

^f  2.  Tunnel  under  river. 

An  ordinance  and  resolution  concerning  an  agreement  between  the  West  Chicago 

Street  Railroad  and  the  city  of  Chicago  concerning  an  agreement  for  a tunnel 

under  the  river.  (Passed  April  2,  1888.) 

1"  1.  Preamble.]  Whereas,  The  board  of  directors  of  the  West 
Chicago  Street  Railroad  Company  on  the  2nd  day  of  April,  1888,  Dy 
and  at  the  request  of  the  mayor  of  the  city  of  Chicago,  adopted  the 
following  resolution  : 

IT  2.  Tunnel  under  river.]  Resolved,  That  the  West  Chicago 
Street  Railroad  Company,  in  consideration  of  the  passage  and  ap- 
proval bv  the  mayor  of  the  three  ordinances  passed  by  the  city  council 
of  Chicago  on  the  30th  day  of  March,  1888;  one  granting  to  the  West 
Division  Railway  Company  the  right  to  change  its  motive  power  from 
horse  to  cable  or  electric  power;  one  granting  to  the  Chicago  Passen- 
ger Railway  Company  the  right  to  make  the  same  change,  and  one 
granting  to  the  West  Chicago  Street  Railroad  Company  the  right  to 
construct  its  tracks  on  Jefferson  street,  between  Madison  and  Wash- 
ington streets,  and  to  use  horse,  cable  or  electric  power  thereon,  here- 
by agrees  by  and  with  the  city  of  Chicago  at  its  own  expense  to  con- 
struct a tunnel  under  the  Chicago  river  and  acquire  the  necessary  right 
of  way  therefor  on  a route  to  be  located  by  said  company  between 
Madison  and  Twelfth  streets,  with  the  east  terminus  at  Fifth  avenue, 
or  west  thereof,  and  the  western  terminus  at  Halsted  street,  or  east 
thereof;  Provided, however, that  this  company  shall  have  the  right  from 
said  city  to  construct  said  tunnel  under  any  intervening  street  or  streets 
and  said  river  within  said  limits,  but  such  location  and  construction 
shall  be  such  as  not  to  interfere  with  the  capacity,  usefulness  or  grade 
of  said  streets.  Said  tunnel  to  be  used  by  this  company  for  street  rail- 
road tracks,  and  the  construction  thereof  shall  be  commenced  within 
three  years  and  be  completed  within  four  years  after  the  said  city  coun- 
cil shall  grant  permission  to  said  railroad  company  to  make  said  im- 
provements, unless  prevented  by  injunctions  or  strikes,  and  the  time 
said  construction  is  so  interfered  with  shall  be  added  to  said  four  years, 
all  work  to  be  done  in  a manner  satisfactory  to  the  commissioner  of 
public  works,  and  the  tracks  through  the  tunnel  shall  be  connected 
with  the  street  railroad  tracks  controlled  by  this  company. 

Now,  therefore,  be  it  ordained  by  the  city  council,  that  the  agree- 
ment in  said  resolution  contained  be  and  the  same  is  hereby  accepted 
by  and  on  behalf  of  the  city  of  Chicago  as  a consideration  from  said 
company  for  the  passage  and  approval  by  the  mayor  of  the  ordinances 
in  said  resolution  specified,  and  authority  is  hereby  granted  said  com- 
pany to  make  the  improvements  therein  mentioned. 


1594 


STREET  RAILWAYS. 


[§§  681,682 


§ 681.  West  Chicago  Street  Railroad  company. 

1.  Grant  for  extension. 

IF  2.  Subject  to  ordinances — rate  of  fare, 
it  3.  Indemnity  clause. 

An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  extend 
the  street  railway  on  West  Twelfth  street.  (Passed  May  27,  1889.  Accepted 
June  17,  1889.) 

T 1.  Grant  for  extension.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  Permission  and  authority  is  hereby 

granted  to  the  West  Chicago  Street  Railway  Company,  its  successors 
and  assigns,  to  extend  from  Ogden  avenue  to  Western  avenue  the 
street  railroad  leased  by  said  company  on  West  Twelfth  street,  between 
Canal  street  and  Ogden  avenue,  with  the  right  to  connect  with  other 
street  railroads  operated  by  said  company. 

1 2.  Subject  to  ordinances— rate  of  fare.]  § 2.  The  per- 
mission hereby  given  is  subject  to  all  the  terms  and  conditions  which 
apply  to  said  street  railroad  now  located  and  operated  on  said  West 
Twelfth  street, between  Canal  street  and  Ogden  avenue,  and  to  all  ordi- 
nances of  the  city  of  Chicago  applicable  thereto.  The  line  hereby  au- 
thorized shall  be  regarded  and  considered  as  a connection  between  the 
street  railroad  on  said  West  Twelfth  street  running  from  Canal  street 
to  Ogden  avenue,  and  the  street  railroad  on  said  West  Twelfth  street, 
running  west  from  Western  avenue,  and  but  one  fare  shall  be  charged 
for  any  distance.  The  connection  hereby  authorized  shall  be  com- 
pleted on  or  before  December  1st,  1889. 

IT  3.  Indemnity  clause.]  § 3.  The  West  Chicago  Street  Rail- 
road Company  shall  pay  all  damages  to  the  owners  of  property  abut- 
ting on  the  street  upon  which  the  road  hereby  authorized  shall  be 
constructed,  which  said  owners  may  sustain  by  reason  of  the  location 
or  construction  of  said  road. 

T 4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  upon  its  acceptance  by  said  company;  Provided,  that 
said  acceptance  shall  be  filed  with  the  city  clerk  within  thirty  days 
from  the  passage  of  this  ordinance,  otherwise  this  ordinance  shall  be 
void  and  of  no  effect. 

§ 682.  West  Chicago  Street  Railroad  company. 

1.  Grant. 

2.  Subject  to  ordinances — indemnity  clause. 

3.  When  in  force. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  and  operate  a street  railway  to  connect  with  the  Chicago  West 
Division  Railway  company.  (Passed  June  11,  1888.  Accepted  June  15,  1 838.) 

1 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  §1.  In  consideration  of  the  acceptance  hereof,  and  the 

undertaking  by  the  West  Chicago  Street  Railroad  Company  to  com- 
ply with  the  provisions  and  conditions  herein  contained,  consent,  per- 


§ 683] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1595 


mission  and  authority  are  hereby  given  to  said  company,  its  successors 
and  assigns,  to  construct,  maintain  and  operate  a single  or  double 
track  street  railroad,  with  the  right  to  connect  with  other  street  rail- 
road tracks,  as  follows: 

From  the  terminus  of  the  street  railroad  of  the  Chicago  West  Di- 
vision Railway  Company,  on  Fifth  avenue,  at  Polk  street,  to  the 
Twelfth  street  viaduct,  running  upon  Fifth  avenue  and  upon  the  pro- 
posed approach  to  said  viaduct  from  Taylor  street;  also  to  connect 
with  the  tracks  which  the  Chicago  West  Division  Railway  Company 
is  authorized  to  lay  on  Polk  street,  between  Fifth  avenue  and  Canal 
street,  said  connection  to  be  made  by  constructing  tracks  upon  the 
approach  to  the  proposed  Polk  street  viaduct;  also  from  the  terminus 
at  State  street  of  the  tracks  which  the  Chicago  West  Division  Railway 
Company  is  authorized  to  lay  on  Twelfth  street,  between  Blue  Island 
avenue  and  State  street,  easterly  to  the  end  of  the  proposed  approach 
to  the  Twelfth  street  viaduct,  and  to  such  a point  beyond  the  end  of 
such  approach,  not  exceeding  two  hundred  feet,  as  will  enable  said 
West  Chicago  Street  Railway  Company  to  switch  its  cars  upon  a level. 

T 2.  Subject  to  ordinances— indemnity  clause.]  § 2.  The 
privileges  hereby  granted  shall  be  subject  to  all  the  provisions  and 
conditions  of  the  ordinances  governing  the  street  railways  of  which 
the  lines  hereby  authorized  are  extensions,  so  far  as  the  same  are  ap- 
plicable hereto,  and  to  all  the  general  ordinances  which  govern  the 
lines  of  the  Chicago  West  Division  Railway  Company,  and  said  West 
Chicago  Street  Railroad  Company  shall  pay  all  damages  to  owners  of 
property  abutting  upon  said  parts  of  streets  upon  or  over  which  said 
road  may  be  constructed,  which  they  may  sustain  by  reason  of  the 
location  or  construction  of  said  road. 

^f  3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
upon  the  mayor  of  the  city  of  Chicago  notifying  the  city  council  that 
he  has  made  a satisfactory  arrangement  in  regard  to  the  Polk  street 
viaduct,  and  in  regard  to  the  approach  to  the  Twelfth  street  viaduct 
from  Fifth  avenue. 

§ 683.  West  Chicago  Street  Railroad  company. 


If 

I. 

Grant — term — route. 

• 

2. 

Tracks,  how  laid. 

1 

3- 

Motive  power — passenger  traffic. 

If 

4- 

Street  improvements  and  repairs. 

If 

5. 

Running  time  and  speed  regulated. 

I 

6. 

Time  of  completion. 

7- 

Removal  of  tracks. 

'! 

8. 

Damage  to  abutting  property. 

1 

9- 

License  fee. 

3 

10. 

Indemnity  clause. 

3 

11. 

Subject  to  ordinances. 

1 

12. 

Cable  authorized. 

«T 

II 

13- 

Grip  and  trailers. 

14. 

Electric  motors  may  be  used. 

It 

15. 

Rate  of  fare. 

1596 


STREET  RAILWAYS. 


[§  683 


T[  16.  Heating  apparatus. 

17.  Bond. 

% 18.  When  in  force. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 

to  construct  and  operate  a street  railway  on  certain  streets  therein  named. 

(Passed  July  2,  1888.) 

T 1.  Grant — term — route.]  Be  it  ordained  by  the  city  cuncil  of 
the  city  of  Chicago:  §1.  In  consideration  of  the  acceptance  hereof 
and  the  undertaking  by  the  West  Chicago  Street  Railroad  Company 
to  comply  with  the  provisions  herein  contained,  permission  and  author- 
ity are  hereby  given  to  said  company,  its  successors  and  assigns,  to  con- 
struct, maintain  and  operate,  for  the  period  of  fifteen  (15)  years  from 
and  after  the  passage  of  this  ordinance,  a double  track  street  railway 
upon,  over  and  along  West  North  avenue,  between  California  avenue 
and  Kedzie  avenue,  in  the  city  of  Chicago,  with  an  extension  of  said 
street  railway  in  West  North  avenue,  from  Kedzie  avenue  to  the  right 
of  way  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company, 
one  track  of  said  extension  to  be  laid  on  that  portion  of  West  North 
avenue,  within  the  limits  of  the  city  of  Chicago,  and  the  other  track  of 
said  extension  upon  that  portion  of  West  North  avenue,  within  the 
limits  of  the  village  of  Jefferson.  Said  tracks  may  be  connected  with 
other  street  railroad  tracks  operated  by  said  West  Chicago  Street  Rail- 
road Company,  as  owner  or  lessee. 

T 2.  Tracks,  how  laid.]  § 2.  The  tracks  herein  authorized 
of  said  railway,  shall  not  be  elevated  above  the  surface  of  the  street 
and  shall  be  laid  with  modern  improved  rails,  and  in  such  manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points,  and  in  all  directions,  without  obstruction.  Section  1509,  of 
the  Municipal  Code  of  1881,  shall  not  apply  to  the  railway  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor  and  commissioner  of  public  works,  and  shall  be  laid  under  the 
direction  of  said  commissioner  of  public  works  of  the  city.  The  said 
tracks  to  be  placed  on  the  center  sixteen  feet  of  said  streets. 

% 3.  Motive  power — passenger  traffic.]  § 3.  The  cars  to  be 
used  upon  said  tracks  shall  be  operated  with  animal  power  only,  ex- 
cept as  hereinafter  provided,  and  shall  not  connect  with  any  other  rail- 
way not  owned  or  leased  by  said  company,  and  shall  be  used  for  no 
other  purpose  than  to  carry  passengers  and  their  ordinary  baggage, 
amt  no  car  shall  be  run  upon  said  tracks  except  under  the  charge  of  a 
competent  driver  and  conductor,  who  shall  be  two  separate  persons, 
and  said  cars  shall  be  constructed  with  all  the  latest  improvements 
for  the  comfort  and  convenience  of  the  passengers. 

T 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  streets  in  and  upon  which  its  said  railway  may 
be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall  be , 
laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  in 
good  condition  and  repair  during  all  of  the  time  to  which  the  privileges 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1597 


§683] 


hereby  granted  shall  extend,  in  accordance  with  whatever  order,  ordi- 
nance or  regulation  may  be  passed  or  adopted  by  the  city  council  in 
relation  to  such  repairing;  and  when  any  new  improvements  shall  be 
ordered  by  the  city  council  of  the  said  parts  of  streets,  or  either  of 
them,  the  said  company  shall  in  the  manner  which  may  be  required  of 
the  owners  of  property  fronting  on  said  parts  of  streets,  or  either  of 
them,  make  such  new  improvements  for  the  width  of  eight  feet  where 
a single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid;  and  if  the  said  company  shall  fail  or  refuse 
so  to  do,  the  same  may  be  done  by  the  city  and  the  company  shall  be 
liable  to  the  city  for  the  cost  thereof. 

% 5.  Running  time  and  speed  regulated.]  § 5.  The  city 
council  shall  have  the  power  at  all  times  to  make  such  regulations  as 
to  the  time  of  running  and  rate  of  speed  of  said  cars  as  the  public  in- 
terests may  require. 

1 6.  Time  of  completion.]  § 6.  Said  tracks  shall  be  laid 
during  the  year  1888.  If  the  said  company  shall  fail  to  complete  such 
track  within  the  time  mentioned  herein,  the  rights  and  privileges  here- 
by granted  shall  cease  and  determine;  Provided,  that  if  said  company 
shall  be  delayed  by  the  writ  of  injunction  of  any  court  from  proceeding 
with  the  work  upon  such  tracks,  the  time  of  such  delay  shall  be  ex- 
cluded from  the  time  provided  herein  for  the  completion  of  said  track; 
Provided,  however,  that  the  city  law  department  may  intervene  in  any 
such  suit  and  move  for  the  dissolution  of  such  injunction,  in  case  the 
suit  may  be  deemed  by  such  law  department  to  be  collusive  or  for  the 
purpose  of  delay. 

1"  7.  Removal  of  tracks.]  § 7.  When  the  right  of  said  com- 
pany to  operate  its  railways  upon  such  parts  of  streets  shall  cease  and 
determine,  said  company  shall  remove  its  tracks  from  said  parts  of 
streets,  and  put  the  said  parts  of  streets  from  which  said  track  shall  be 
removed  in  as  good  condition  as  the  adjacent  parts  of  the  streets. 

1 8.  Damages  to  abutting  property.]  § 8.  The  said  West 
# Chicago  Railroad  Company  shall  pay  all  damages  to  the  owners  of 
property  abutting  on  the  said  parts  of  streets  upon  or  over  which  its 
road  may  be  constructed,  which  said  owners  may  sustain  by  reason  of 
the  location  or  construction  of  said  road. 

f 9.  License  fee.]  § 9.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago 
for  the  use  of  said  city  the  sum  of  fifty  ($50)  dollars,  as  an  annual  license 
fee  for  each  and  every  car  used  by  said  company  which  has  not  been 
included  for  use  on  other  lines,  in  the  manner  following:  In  comput- 
ing the  number  of  cars  upon  which  such  license  charge  shall  be  im- 
posed, thirteen  round  trips,  when  the  car  is  used  in  the  transportation 
of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use  of  one 
car;  one-thirteenth  of  such  round  trips  during  each  quarter  shall  be 
divided  by  the  number  of  days  in  such  quarter,  such  quotient  shall 


1598 


STREET  RAILWAYS. 


[§  683 


be  the  number  of  cars  subject  to  such  license  fee,  and  the  president,  or 
other  chief  officer,  of  said  company  shall,  under  oath,  make  report 
quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole 
number  of  cars  so  run  by  said  company,  and  at  the  same  time  pay  to 
said  comptroller  $12.50  for  each  car,  to  be  ascertained  as  above  pre- 
scribed in  this  section.  The  first  quarter  shall  begin  on  the  first  day 
upon  which  said  company  shall  run  a car  or  cars  for  the  carriage  of 
passengers. 

1*  10.  Indemnity  clause.]  § 10.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and 
expenses  of  the  same  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city,  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting 
from  the  passage  of  this  ordinance,  or  any  matter  or  thing  connected 
therewith,  or  with  the  exercise  by  said  company  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  of  said  company,  its  servants 
or  agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

If  11.  Subject  to  ordinances.]  §11.  This  permission  and  au- 
thority hereby  granted  is  subject  to  all  general  ordinances  now  in 
force,  or  that  may  be  hereafter  passed  concerning  street  or  horse  rail- 
roads so  far  as  applicable  thereto. 

Tf  12.  Cable  authorized.]  § 12.  That  the  said  West  Chicago 
Street  Railroad  Company  may  hereafter  operate  the  line  of  railway 
hereby  authorized  on  West  North  avenue  by  stationary  engine  or  en- 
gines not  located  upon  the  streets  or  public  places  of  the  city,  and 
propelled  by  other  than  animal  power.  Said  company  may  for  said 
purpose  make  all  needful  and  convenient  trenches,  excavations  and 
sewer  connections  and  may  place  all  needful  and  convenient  endless 
cables  and  machinery  on  said  West  North  avenue;  Provided,  that 
said  cables  and  machinery  shall  be  underground  and  shall  not  inter- 
fere with  public  travel,  and  shall  be  constructed  in  a substantial  and 
workmanlike  manner  of  most  approved  method  and  convenience;* 
Provided,  that  if  in  the  construction  of  said  trenches  and  excavations 
•any  damage  or  injury  shall  result  to  any  of  the  sewers,  water  pipes  or 
private  drains,  the  said  company  shall  pay  and  be  held  liable  therefor, 
and  if  at  any  time,  by  reason  of  the  permission  hereby  granted  and 
the  making  of  said  trenches  and  running  of  said  cables  any  injuries 
or  damages  shall  result  to  any  person  or  property  then  said  company 
shall  be  held  liable  therefor,  and  also  that  all  needful  and  convenient 
connections  with  the  motive  power  or  engines  shall  be  subject  to  the 
same  restrictions,  and  that  the  aperture  opening  into  said  trenches 
shall  not  exceed  five-eights  of  an  inch  in  width. 

13.  Grip  and  trailers.]  § 13.  As  respects  conductors  and 
managers  of  its  cars  on  said  line  when  operated  as  provided  in  section 
10,  said  West  Chicago  Street  Railroad  Company  may  operate  not 


WEST  CHICAGO  STREET  RAILROAD  COMRANY. 


1599 


684] 


exceeding  two  cars  and  the  grappling  car,  with  one  driver  in  charge 
of  the  grip  car  and  one  conductor  of  each  additional  car. 

IT  14.  Electric  motors  may  be  used.]  § 14-  Said  company 
may  operate  its  said  cars  over  said  line  in  lieu  of  the  cable  system  or 
animal  power,  by  electric  motors;  Provided,  the  electric  motors  or 
power  to  be  used  shall  be  approved  by  the  commissioner  of  public 
works  and  no  wires  shall  be  strung  overhead  for  the  purpose  of  pro- 
pelling such  cars  by  electric  power;  and,  provided,  no  more  cars  shall, 
be  run  by  electric  motors  or  power  than  is  herein  authorized  to  be; 
run  by  cable  system. 

T 15.  Rate  of  fare.]  § 15.  The  rate  of  fare  shall  not  exceed, 
five  (5)  cents  for  each  passenger  for  any  continuous  travel,  of  one 
ride  upon  said  line,  and  over  said  tracks,  and  all  other  lines  and  tracks, 
of  said  company,  connected  therewith,  which  it  may  operate,  as  own- 
er or  lessee.  The  line  hereby  authorized  to  be  laid  shall  be  considered 
as  an  extension  of  the  line  now  on  West  North  avenue,  and  no  addi- 
tional fare  shall  be  charged  over  the  line  so  extended  by  virtue  of  this 
ordinance. 

T 16.  Heating  apparatus.]  § 16.  Every  car  operated  on  said  , 
line  hereby  authorized  shall  be  provided  during  the  months  of  Nov- 
ember, December,  January,  February  and  March,  of  each  year,  with: 
a heating  apparatus  of  a kind  and  nature  to  be  selected  by  the  person  t 
or  corporation  engaged  in  operation  and  running  such  car,  which’, 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  car  and! 
heating  the  same;  and  the  said  apparatus  shall  be  operated  at  such: 
times,  during  the  months  aforesaid,  as  the  nature  of  the  weather  and 
the  degree  of  the  temperature  shall  require. 

1"  17.  Bond.]  § 17.  The  West  Chicago  Street  Railroad  Com- 
pany shall-  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  ten  thousand  dollars  ($10,000)  to  be  approved  by 
the  commissioner  of  public  works,  conditioned  for  the  faithful  observ- 
ance and  performance  of  the  provisions  and  conditions  of  this  ordi- 
nance, on  its  part  to  be  observed  and  performed,  as  aforesaid. 

IT  18.  When  in  force.]  § 18.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  said  company  shall  file  with  the  city 
clerk  its  formal  acceptance  of  the  same,  and  its  bond  as  hereinbe- 
fore prescribed;  Provided,  however,  that  if  said  acceptance  and  bond 
shall  not  be  filed,  as  aforesaid,  within  thirty  days  from  the  passage 
hereof  this  ordinance  shall  be  void  and  of  no  effect. 


684.  West  Chicago  Street  Railroad  company. 
If  1.  Grant— term — route. 

1 2.  Tracks,  how  laid. 

1 3-  Motive  power — passenger  traffic. 

If  4.  Street  improvements,  repairs,  etc.  “ 

1 5*  Speed  and  running  time — regulated. 

If  6.  Time  of  completion.  j 


1600 


STREET  RAILWAYS. 


[§  684 


Tf  7.  Streets  to  be  restored,  when. 

8.  Damages. 

\ 9.  License  fee. 

*j[  10.  Indemnity  clause. 

% 11.  Subject  to  general  ordinances. 

^ 12.  Rate  of  fare. 

T1  13.  Bond. 

14.  Cars  to  be  warmed. 

^[15.  When  in  force. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  and  operate  a street  railway  on  West  Chicago  and  California 
avenues.  (Passed  July  2,  1888.) 

f 1.  Grant— term— route.]  Be  it  ordained  by  the  city  council 

of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  accept- 

ance hereof  and  the  undertaking  by  the  West  Chicago  Street  Railroad 
Company  to  comply  with  the  provisions  herein  contained,  permis- 
sion and  authority  are  hereby  given  to  said  company,  its  successors 
and  assigns,  to  construct,  maintain  and  operate,  for  the  period  of  fif- 
teen (15)  years  from  and  after  the  passage  of  this  ordinance,  a double 
track  street  railroad  upon  West  Chicago  avenue,  between  Leavitt 
street  and  California  avenue,  and  upon  California  avenue  between 
West  Chicago  avenue  and  West  Division  street,  with  the  right  to 
connect  with  other  street  railroads  operated  by  said  company. 

1"  2.  Tracks,  how  laid.]  § 2.  The  tracks  herein  authorized 
of  said  railway,  shall  not  be  elevated  above  the  surface  of  the  street 
and  shall  be  laid  with  modern  improved  rails,  and  in  such  manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same  at 
all  points,  and  in  all  directions  without  obstruction.  Section  1509  of 
the  Municipal  Code  of  1881  shall  not  apply  to  the  railway  tracks  here- 
in authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor 
and  commissioner  of  public  works,  and  shall  be  laid  under  the  direc- 
tion of  said  commissioner  of  public  works  of  the  city  The  said  tracks 
to  be  placed  on  the  center  sixteen  feet  of  said  streets. 

If  3.  Motive  power— passenger  traffic.]  § 3.  The  cars  to  be 
used  upon  said  tracks  shall  be  operated  with  animal  power  only,  and 
shall  not  connect  with  any  other  railway  not  owned  or  leased  by  said 
company,  and  shall  be  used  for  no  other  purpose  than  to  carry  pas- 
sengers and  their  ordinary  baggage,  and  no  car  shall  be  run  upon  said 
tracks  except  under  the  charge  of  a competent  driver  and  conductor, 
who  shall  be  two  separate  persons,  and  said  cars  shall  be  constructed 
with  all  the  latest  improvements  for  the  comfort  and  convenience  of 
the  passengers. 

4 4.  Street  improvements,  Repairs,  fete.]  § 4.  The  said 
company,  as  to  the  parts  of  streets  in  and  upon  which  its  said  rail- 
way may  be  laid,  shall  keep  eight  feet  in  width  where  a single  track 
shall  be  laid,  and  sixteen  feet  in  width  where  a double  track  shall  be 
laid,  in  good  condition  and  repair  during  all  of  the  time  to  which  the 
privileges  hereby  granted  shall  extend,  in  accordance  with  whatever 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1601 


684] 


order,  ordinance  or  regulation  may  be  passed  or  adopted  by  the  city 
council  in  relation  to  such  repairing;  and  when  any  new  improvement 
shall  be  ordered  by  the  city  council  of  the  said  parts  of  streets,  or  either 
of  them,  the  said  company  shall  in  the  manner  which  may  be  required 
of  the  owners  of  property  fronting  on  said  parts  of  streets,  or  either  of 
them,  make  such  new  improvements  for  the  width  of  eight  feet  where 
a single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid;  and  if  the  said  company  shall  fail  or  re- 
fuse so  to  do,  the  same  may  be  done  by  the  city  and  the  company 
shall  be  liable  to  the  city  for  the  cost  thereof. 

f 5.  Speed  and  running  time  regulated.]  § 5.  The  city 
council  shall  have  the  power  at  all  times  to  make  such  regulations  as 
to  the  time  of  running  and  rate  of  speed  of  said  cars  as  the  public  in- 
terests may  require. 

6.  Time  of  completion.]  § 6.  The  tracks  hereby  author- 
ized shall  be  completed  before  the  first  day  of  December,  A.  D.  1888. 
If  the  said  company  shall  fail  to  complete  such  tracks  within  the  time 
mentioned  herein,  the  rights  and  privileges  hereby  granted  shall  cease 
and  determine;  Provided,  that  if  said  company  shall  be  delayed  by  the 
writ  of  injunction  of  any  court  from  proceeding  with  the  work  upon 
such  track,  the  time  of  such  delay  shall  be  excluded  from  the  time 
provided  herein  for  the  completion  of  said  track;  Provided,  however, 
that  the  city  law  department  may  intervene  in  any  such  suit  and  move 
for  the  dissolution  of  such  injunction,  in  case  the  suit  may  be  deemed 
by  such  law  department  to  be  collusive  or  for  the  purpose  of  delay. 

1 7.  Streets  to  be  restored,  when.]  § 7.  When  the  right 
of  said  company  to  operate  its  railways  upon  such  parts  of  streets  shall 
cease  and  determine,  said  company  shall  remove  its  tracks  from  said 
parts  of  streets  and  put  the  said  parts  of  streets  from  which  said  tracks 
shall  be  removed  in  as  good  condition  as  the  adjacent  parts  of  streets. 

If  8.  Damages,]  § 8.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  parts  of  streets  upon  or  over  which  its  road  may  be  con- 
structed, which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 

If  9.  License  fee.]  § 9.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago 
for  the  use  of  said  city  the  sum  of  fifty  dollars  ($50),  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company  which  has 
not  been  included  for  use  on  other  lines,  in  the  manner  following:  In 
computing  the  number  of  cars  upon  which  such  license  charge  shall 
be  imposed,  thirteen  round  trips,  when  the  car  is  used  in  the  trans- 
portation of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use 
of  one  car;  one-thirteenth  of  such  round  trips  during  each  quarter 
shall  be  divided  by  the  number  of  days  in  such  quarter,  such  quotient 

101 


1602 


STREET  RAILWAYS. 


[§  684 


shall  be  the  number  of  cars  subject  to  such  license  fee.  The  president, 
or  other  chief  officer,  of  said  company  shall,  under  oath,  make  report 
quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole 
number  of  cars  so  run  by  said  company,  and  at  the  same  time  pay  to 
said  comptroller  $12.50  for  each  car,  to  be  ascertained  as  above  pre- 
scribed in  this  section.  The  first  quarter  shall  begin  on  the  first  day 
upon  which  said  company  shall  run  a car  or  cars  for  the  carriage  of 
passengers. 

If  10.  Indemnity  clause.]  § 10.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  passage  of  this  ordinance,  or  any  matter  or  thing  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  privileges  hereby 
granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

If  11.  Subject  to  general  ordinances.]  §11.  This  permis- 
sion and  authority  hereby  granted  is  subject  to  all  general  ordinances 
now  in  force,  or  that  may  be  hereafter  passed,  concerning  street  or 
horse  railroads  so  far  as  applicable  thereto. 

IT  12.  Rate  of  fare,]  § 12.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  each  passenger  for  any  continuous  travel,  of  one  ride 
upon  said  line,  and  over  said  tracks,  and  all  other  lines  and  tracks  of 
said  company  connected  therewith  which  it  may  operate  as  owner  or 
lessee.  The  line  hereby  authorized  to  be  laid  shall  be  considered  as 
an  extension  of  the  line  now  on  West  Chicago  avenue  and  no  addi- 
tional fare  shall  be  charged  over  the  line  so  extended  by  virtue  of  this 
ordinance. 

If  13.  Bond.]  § 13.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  ten  thousand  dollars  ($10,000)  to  be  approved  by 
the  commissioner  of  public  works,  conditioned  for  the  faithful  ob- 
servance and  performance  of  the  provisions  and  conditions  of  this  or- 
dinance, on  its  part  to  be  observed  and  performed  as  aforesaid. 

If  14.  Cars  to  be  warmed.]  § 14.  Every  car  operated  on 
said  line  hereby  authorized  shall  be  provided  during  the  months  of 
November,  December,  January,  February  and  March,  of  each  vear, 
with  a heating  apparatus  of  a kind  and  nature  to  be  selected  by  the 
person  or  corporation  engaged  in  operation  and  running  such  ear, 
which  shall  be  reasonably  effective  in  raising  the  temperature  in  said 
car  and  heating  the  same;  and  the  said  apparatus  shall  be  operated  at 
such  times,  during  the  months  aforesaid,  as  the  nature  of  the  weather 
and  the  degree  of  temperature  shall  require. 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1603 


§685] 


f 15.  When  in  force.]  § 15.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  said  company  shall  file  with  the  city 
clerk  its  formal  acceptance  of  the  same,  and  its  bond  as  hereinbefore 
prescribed;  Provided,  however,  that  if  said  acceptance  and  bond  shall 
not  be  filed  as  aforesaid,  within  thirty  days  from  the  passage  hereof  this 
ordinance  shall  be  void  and  of  no  effect. 


§ 685.  West  Chicago  Street  Railroad  company. 

1.  Grant — term — route. 

^ 2.  Tracks,  how  laid. 

«[|  3.  Motive  power — passenger  traffic. 

4.  Street  improvements  and  repairs. 

^ 5.  Speed  and  running  time  regulated. 

6.  Time  of  completion. 

7.  Tracks  to  be  renewed,  when. 

8.  Damages. 

9.  License  fee. 

\ 10.  -Indemnity  clause. 

][  11.  Subject  to  general  ordinances. 

\ 12.  Cable  power  authorized. 

^[13.  Conductors — grip  car  and  trailers. 

14.  Electric  motors  authorized. 

15.  Rate  of  fare. 

16.  Cars  to  be  heated. 

If  i7-  Bond. 

18.  When  in  force. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  and  operate  a street  railway  on  Milwaukee  avenue,  being  an  ex- 
tension of  the  tracks  of  the  Chicago  West  Division  Railway  company. 
(Passed  February  4,  1889.) 

T[  1.  Grant — term — route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  §1.  In  consideration  of  the  acceptance 
hereof  and  undertaking  by  the  West  Chicago  Street  Railroad  Com- 
pany to  comply  with  the  provisions  herein  contained,  permission  and 
authority  are  hereby  given  to  said  company,  its  successors  and  as- 
signs, to  construct,  maintain  and  operate  for  the  period  of  fifteen  (15) 
years  from  and  after  the  passage  of  this  ordinance,  a double  track 
street  railway  upon,  over  and  along  Milwaukee  avenue,  from  the  ter- 
minus of  the  tracks  of  the  Chicago  West  Division  Railway  Company 
at  Armitage  avenue  to  Fullerton  avenue.  Said  first  named  company 
being  the  lessee  of  said  Chicago  West  Division  Railway  Company 
and  said  tracks  hereby  authorized  to  be  considered  as  an  extension  of 
the  Milwaukee  avenue  line  of  tracks  now  operated  by  said  first  named 
company. 

If  2.  Tracks,  how  laid.]  § 2.  The  tracks  herein  authorized  of 
said  railway,  shall  not  be  elevated  above  the  surface  of  the  street  and 
shall  be  laid  with  modern  improved  rails,  and  in  such  manner  that 
carriages  and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points,  and  in  all  directions  without  obstruction.  Section  1509  of  the 
Municipal  Code  of  1881  shall  not  apply  to  the  railway  tracks  herein 


1604 


STREET  RAILWAYS. 


[§  685 


authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor 
arid  commissioner  of  public  works,  and  shall  be  laid  under  the  direc- 
tion of  said  commissioner  of  public  works  of  the  city.  The  said  tracks 
to  be  placed  on  the  center  sixteen  feet  of  said  streets. 

1"  3.  Motive  power— passenger  traffic.]  § 3.  The  cars  to 
be  used  upon  said  tracks  shall  be  operated  with  animal  power 
only,  except  as  hereinafter  provided,  and.  shall  not  connect 
with  any  other  railway  not  owned  or  leased  by  said  com- 
pany, and  shall  be  used  for  no  other  purpose  than  to  carry  passengers 
and  their  ordinary  baggage  and  no  car  shall  be  run  upon  said  tracks 
except  under  the  charge  of  a competent  driver  and  conductor,  who 
shall  be  two  separate  persons,  and  said  cars  shall  be  constructed  with 
all  the  latest  improvements  for  the  comfort  and  convenience  of  the 
passengers. 

IT  4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  streets  in  and  upon  which  its  said  railway  may 
be  laid,  shall  keep  eight  feet  in  width  where  a single  track  shall  be 
laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  in 
good  condition  and  repair  during  all  of  the  time  to  which  the  privi- 
leges hereby  granted  shall  extend  in  accordance  with  whatever  order, 
ordinance  or  regulation  may  be  passed  or  adopted  by  the  city  council 
in  relation  to  such  repairing;  and  whenever  any  new  improvement  shall 
be  ordered  by  the  city  council  of  the  said  parts  of  streets,  or  either  of 
them,  the  said  company  shall  in  the  manner  which  may  be  required  of 
the  owners  of  property  fronting  on  said  parts  of  streets,  or  either  of 
them,  make  such  new  improvements  for  the  width  of  eight  feet  where  a 
single  track  shall  be  laid,  and  for  the  width  of  sixteen  feet  where  a 
double  track  shall  be  laid;  and  if  the  said  company  shall  fail  or  refuse 
so  to  do,  the  same  may  be  done  by  the  city  and  the  company  shall  be 
liable  to  the  city  for  the  cost  thereof. 

If  5.  Speed  and  running  time  regulated.]  § 5.  The  city  council 
shall  have  the  power  at  all  times  to  make  such  regulations  as  to  the 
time  of  running  and  rate  of  speed  of  said  cars  as  the  public  interests 
may  require. 

IT  6.  Time  of  completion.]  § 6.  The  tracks  hereby  author- 
ized shall  be  laid  within  twelve  (12)  months  after  the  completion  by 
the  city  of  Chicago  of  the  sewer  in  Milwaukee  avenue,  between  said 
Armitage  avenue  and  Fullerton  avenue.  If  the  said  company  shall 
fail  to  complete  such  track  within  the  time  mentioned  herein ' the 
rights  and  privileges  hereby  granted  cease  and  determine;  Provided, 
that  if  said  company  shall  be  delayed  by  the  writ  of  injunction  of  any 
court  from  proceeding  with  the  work  upon  such  tracks,  the  time  of 
such  delay  shall  be  excluded  from  the  time  provided  herein  for  the 
completion  of  said,  track;  Provided,  however,  that  the  city  law  de- 
partment may  intervene  in  any  such  suit  and  move  for  the  dissolution 


685] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1605 


of  such  injunction,  in  case  the  suit  may  be  deemed  by  such  Law  De- 
partment to  be  collusive  or  for  the  purpose  of  delay. 

t 7.  Tracks  to  be  removed,  when.]  § 7.  When  the  right  of 
said  company  to  operate  its  railways  upon  such  parts  of  streets  shall 
cease  and  determine,  said  company  shall  remove  its  tracks  from  said 
parts  of  streets,  and  put  the  said  parts  of  streets  from  which  said  track 
shall  be  removed,  in  as  good  condition  as  the  adjacent  parts  of  streets. 

^ 8.  Damages.]  § 8.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  parts  of  streets  upon  or  over  which  its  road  may  be  construct- 
ed, which  said  owners  may  sustain  by  reason  of  the  location  or  con- 
struction of  said  road. 

f 9.  License  fee.]  § 9.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago 
for  the  use  of  the  said  city,  the  sum  of  fifty  ($50)  dollars,  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company  which  has 
not  been  included  for  use  on  other  lines,  in  the  manner  following: 
In  computing  the  number  of  cars  upon  which  such  license  charge 
shall  be  imposed,  thirteen  round  trips,  when  the  car  is  used  in  the 
transportation  of  passengers,  shall  be  taken  as  equivalent  to  one  day’s 
use  of  one  car;  one-thirteenth  of  such  round  trips  during  each  quarter 
shall  be  divided  by  the  number  of  days  in  such  quarter,  such  quotient 
shall  be  the  number  of  cars  subject  to  such  license  fee.  The  president, 
or  other  chief  officer,  of  said  company,  shall  under  oath,  make  report 
quarter-yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole 
number  of  cars  so  run  by  said  company,  and  at  the  same  time  pay  to 
said  comptroller  $12.50  for  each  car,  to  be  ascertained  as  above  pre- 
scribed in  this  section.  The  first  quarter  shall  begin  on  the  first  day 
upon  which  said  company  shall  run  a car  or  cars  for  the  carriage  of 
passengers. 

1"  10.  Indemnity  clause.]  § 10.  The  said  company  shall  for- 
ever indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered,  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company,  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance. 

T 11.  Subject  to  general  ordinances.]  § 11.  This  permission 
and  authority  hereby  granted  is  subject  to  all  general  ordinances 
now  in  force,  or  that  may  be  hereafter  passed  concerning  street  or 
horse  railroads  so  far  as  applicable  thereto. 

1 12.  Cable  power  authorized.]  § 12.  That  the  said  West 


1606 


STREET  RAILWAYS. 


[§  685 


Chicago  Street  Railroad  Company  may  hereafter  operate  the 
line  of  railway  hereby  authorized  on  Milwaukee  avenue  by  stationary 
engine  or  engines,  not  located  upon  the  streets  or  public  places  of 
the  city,  and  propelled  by  other  than  animal  power.  Said  company 
may  for  said  purpose  make  all  needful  and  convenient  trenches,  exca- 
vations and  sewer  connections  and  may  place  all  needful  and  conveni- 
ent endless  cables  and  machinery  on  said  Milwaukee  avenue;  Pro- 
vided, that  said  cables  and  machinery  shall  be  underground  and  shall 
not  interfere  with  public  travel,  and  shall  be  constructed  in  a sub- 
stantial and  workmanlike  manner  of  most  approved  method  and  con- 
venience; Provided,  that  if  in  the  constructing  of  said  trenches  and 
excavations  any  damage  or  injury  shall  result  to  any  of  the  sewers, 
water  pipes,  or  private  drains,  the  said  company  shall  pay  and  be  held 
liable  therefor,  and  if  at  any  time,  by  reason  of  the  permission  hereby 
granted  and  the  making  of  said  trenches  and  running  of  said  cables 
any  injuries  or  damages  shall  result  to  any  person  or  property  then 
said  company  shall  be  held  liable  therefor,  and  also  that  all  needful 
and  convenient  connections  with  the  motive  power  or  engines  shall  be 
subject  to  the  same  restrictions,  also  that  the  aperture  opening  into 
said  trenches  shall  not  exceed  five-eighths  of  an  inch  in  width. 

f 13.  Conductors— grip  car  and  trailers.]  § 13.  As  re- 
spects conductors  and  managers  of  its  cars  on  said  line  when  operated 
as  provided  in  section  12,  said  West  Chicago  Street  Railroad  Company 
may  operate  not  exceeding  two  cars  and  the  grappling  car,  with  one 
driver  in  charge  of  the  grip  car  and  one  conductor  in  charge  of  each 
additional  car. 

T 14.  Electric  motors  authorized.]  § 14.  Said  company 
may  operate  its  said  cars  over  said  line  in  lieu  of  the  cable  system  or 
animal  power  by  electric  motors;  Provided,  the  electric  motors  or 
power  to  be  used  shall  be  approved  by  the  commissioner  of  public 
works,  and  no  wires  shall  be  strung  overhead  for  the  purpose  of  pro- 
pelling such  cars  by  electric  power;  and,  provided,  no  more  cars  shall 
be  run  by  electric  motors  or  power  than  is  herein  authorized  to  be  run 
by  cable  system. 

1"  15.  Rate  of  fare.]  § 15.  The  rate  of  fare  shall  not  exceed 
five  (5)  cents  for  each  passenger  for  any  continuous  travel  of  one  ride 
upon  said  line  and  over  said  tracks.  The  line  hereby  authorized  to  be 
laid  shall  be  considered  as  an  extension  of  the  line  now  on  Milwaukee 
avenue,  and  no  additional  fare  shall  be  charged  over  the  line  so  ex- 
tended by  virtue  of  this  ordinance. 

IT  16.  Cars  to  be  heated.]  § 16.  Every  car  operated  on  said 
line  hereby  authorized  shall  be  provided  during  the  months  of  Nov- 
ember, December,  January,  February  and  March  of  each  year,  with 
a heating  apparatus  of  a kind  and  nature  to  be  selected  by  the  person 
or  corporation  engaged  in  operation  and  running  such  car,  which  shall 


686] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1607 


be  reasonably  effective  in  raising  the  temperature  in  said  car  and  heat- 
ing the  same;  and  the  said  apparatus  shall  be  operated  at  such  times, 
during  the  months  aforesaid  as  the  nature  of  the  weather  and  the  de- 
gree of  the  temperature  shall  require. 

1 17.  Bond.]  § 1 7.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  ten  thousand  ($10,000)  dollars,  to  be  approved  by 
the  commissioner  of  public  works,  conditioned  for  the  faithful  observ- 
ance and  performance  of  the  provisions  and  conditions  of  this  ordi- 
nance, on  its  part  to  be  observed  and  performed,  as  aforesaid. 

18.  When  in  force.]  § 18.  This  ordinance  shall  take  effect 
and  be  in  force  as  soon  as  the  said  company  shall  file  with  the  city 
clerk  its  formal  acceptance  of  the  same,  and  its  bond  as  hereinbefore 
prescribed;  Provided,  however,  that  if  said  acceptance  and  bond  shall 
not  be  filed,  as  aforesaid,  within  thirty  days  from  the  passage  hereof 
this  ordinance  shall  be  void  and  of  no  effect. 

§ 686.  West  Chicago  Street  Railroad  company: 

11  1.  Grant — extension — route. 

2.  Subject  to  ordinances  covering  same  street. 

\ 3.  Damages. 

4.  When  in  force. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  an  extension  of  its  line  in  West  Chicago  avenue.  (Passed  May 
13,  18S9.  Accepted  June  10,  1889.) 

f 1.  Grant — extension — route.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  Permission  and  authority  is 

hereby  granted  to  the  West  Chicago  Street  Railroad  Company,  its 
successors  and  assigns,  to  extend  the  street  railroad  leased  by  said 
company  on  West  Chicago  avenue  from  the  present  terminus  thereof 
to  California  avenue,  and  upon  California  avenue  from  West  Chicago 
avenue  to  West  Division  street,  with  the  right  to  connect  with  other 
street  railroads  operated  by  said  company. 

If  2.  Subject  to  ordinances  covering  same  street.]  § 2.  The 
permission  hereby  given  is  subject  to  all  the  terms  and  conditions 
which  apply  to  said  street  railroads  now  located  and  operated  on  said 
West  Chicago  avenue,  and  to  all  ordinances  of  the  city  of  Chicago  ap- 
plicable thereto.  The  line  hereby  authorized  shall  be  regarded  and 
considered  as  an  extension  of  the  present  line  on  West  Chicago  ave- 
nue, and  but  one  fare  shall  be  charged  for  any  distance,  the  line  to  be 
completed  on  or  before  the  first  day  of  December,  A.  D.  1889. 

IT  3.  Damages.]  § 3.  The  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting 
on  the  streets  upon  which  the  road  hereby  authorized  shall  be  con- 
structed, which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 


1608 


STREET  RAILWAYS. 


4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  upon  its  acceptance  by  said  company;  Provided,  that 
that  acceptance  shall  be  filed  with  the  city  clerk  within  thirty  (30)  days 
from  the  passage  of  this  ordinance,  otherwise  this  ordinance  shall  be 
void  and  of  no  effect. 

§ 687.  West  Chicago  Street  Railroad  company. 

1.  Grant — term — route. 

Ti  2.  Style  of  rails — time  of  completion. 

T1  3.  Motive  power  optional. 

■f  4.  Improvement  and  repair  of  streets. 

5.  Power  of  council — running  time. 

^1  6.  Removal  of  tracks,  when. 

7.  Damages  to  abutting  owners. 

][  8.  Rights  forfeited,  when. 

Tf  9.  Indemnity  clause. 

10.  Subject  to  ordinance — rate  of  fare. 

•jl  11.  Reservation  of  rights. 

12.  Acceptance — when  in  force. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 

to  construct  and  operate  a street  railway  on  Armitage  avenue.  (Passed 

July  8,  1889.  Accepted  July  12,  1889.) 

If  1.  Grant — term — route,]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Jefferson:  § 1.  That  consent  and 

authority  is  hereby  granted  to  the  West  Chicago  Street  Railroad  Com- 
pany, its  successors  and  assigns,  to  lay  down,  maintain  and  operate, 
for  the  period  of  twenty  (20)  years  from  the  passage  of  this  ordinance, 
a double  track  street  railway,  with  the  necessary  curves,  side  tracks 
and  turn  tables,  on  Armitage  avenue,  from  Simons  avenue  to  Keeney 
avenue,  in  said  village  of  Jefferson,  with  the  right  to  connect  with 
other  street  railroads  operated  by  said  West  Chicago  Street  Railroad 
Company,  the  tracks  to  be  placed  on  the  center  sixteen  feet  of  said 
Armitage  avenue. 

1 2.  Style  of  rails — time  of  completion.]  § 2.  The  tracks 
herein  authorized  of  said  railway,  shall  not  be  elevated  above  the  sur- 
face of  the  street  and  shall  be  laid  with  modern  improved  rails  in  such 
manner  that  carriages  and  other  vehicles  can  easily  and  freely  cross 
the  same  at  all  points  and  in  all  directions,  without  obstruction.  One 
of  said  tracks  shall  be  laid  and  the  road  in  operation  on  or  before  the 
30th  day  of  November,  A.  D.  1889,  and  the  other  said  track  shall  be 
laid  and  the  road  in  operation  on  or  before  the  30th  day  of  November, 
A.  D.  1892. 

1 3.  Motive  power  optional.]  § 3.  The  cars  to  be  used  upon 
said  tracks  may  be  operated  with  animal  power,  or  by  electric  power, 
or  by  cable  power,  or  may  be  operated  by  motors,  which  shall  be  as 
noiseless  as  electric  motors.  In  case  said  tracks  are  operated  by  cable 
power,  authority  is  given  to  make  all  necessary  excavations,  and  place 
all  necessary  cables  and  machinery  underground.  The  said  road  shall 


§ 687]  WEST  CHICACO  STREET  RAILROAD  COMPANY.  1609 

be  used  for  no  other  purpose  than  to  carry  passengers  and  their  ordi- 
nary baggage,  and  said  cars  shall  be  constructed  with  all  the  latest  im- 
provements for  the  comfort  and  convenience  of  the  passengers. 

1 4.  Improvement  and  repair  of  streets.]  § 4.  The  said 
West  Chicago  Street  Railroad  Company,  as  to  the  part  of  street  in 
and  upon  which  its  said  railroad  shall  be  laid,  shall  keep  eight  feet  in 
width,  where  a single  track  shall  be  laid,  and  sixteen  feet  in  width, 
where  a double  track  shall  be  laid,  in  good  condition  and  repair  dur- 
ing all  the  time  to  which  the  privileges  hereby  granted  shall  extend, 
in  accordance  with  whatever  order,  ordinance  or  regulation  may  be 
passed  or  adopted  by  the  board  of  trustees  of  the  village  of  Jefferson 
in  relation  to  such  repairing;  and  when  any  new  improvement  shall  be 
ordered  by  the  board  of  trustees  of  the  said  parts  of  Armitage  avenue, 
the  said  company  shall,  in  the  manner  which  may  be  required  of  the 
owners  of  property  fronting  on  said  part  of  Armitage  avenue,  make 
such  new  improvements  for  the  width  of  eight  feet,  where  a single 
track  shall  be  laid,  and  for  the  width  of  sixteen  feet,  where  a double 
track  shall  be  laid;  and  if  the  said  company  shall  fail  or  refuse  so  to 
do,  the  same  may  be  done  by  the  village  and  the  company  shall  be 
liable  to  the  village  for  the  cost  thereof. 

1 5.  Power  of  council— running  time.]  § 5.  The  president 
and  board  of  trustees  shall  have  the  power  at  all  times  to  make  such 
regulations  as  to  the  rate  of  speed  of  said  cars  as  the  public  interest 
require.  Cars  to  be  run  every  thirty  minutes. 

1 6.  Removal  of  tracks,  when.]  § 6.  When  the  right  of  said 
company  to  operate  its  railway  upon  the  said  part  of  Armitage  avenue 
shall  cease  and  determine,  said  company  shall  remove  its  tracks  from 
said  part  and  put  the  said  part  of  Armitage  avenue  from  which  said 
tracks  shall  be  removed,  in  as  good  condition  as  the  adjacent  part  of 
the  street. 

1 7.  Damages  to  abutting  owners.]  § 7.  The  said  West 
Chicago  Street  Railroad  Company  shall  pay  all  damages  to  the  own- 
ers of  property  abutting  on  the  said  part  of  street  upon  and  over 
which  its  road  may  be  constructed  in  said  village,  which  said  owners 
may  sustain  by  reason  of  the  location  or  construction  of  said  road. 

1 8.  Rights  forfeited,  when.]  § 8.  The  said  company,  its 
successors  and  assigns,  shall  forfeit  the  rights  herein  granted  if  at  any 
time,  and  under  any  circumstances,  three  tracks  shall  be  laid  in  said 
Armitage  avenue. 

• Indemnity  clause.]  § 9.  The  said  company  shall  forever 

indemnify  and  save  harmless  the  village  of  Jefferson  against  and  from 
and  all  legal  damages,  judgments,  decrees,  and  costs  and  expenses  of 
the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  village,  for  or  by  reason  of  the  granting  of  such  privileges 
or  for,  or  by  reason  of,  or  growing  out  of,  or  resulting  from  the  pas- 


1610 


STREET  RAILWAYS. 


sage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith, 
or  with  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  privileges  of  this  ordinance. 

T 10.  Subject  to  ordinance — rate  of  fare.]  § io.  The  per- 
mission and  authority  hereby  granted  are  subject  to  all  general  or- 
dinances of  the  village  of  Jefferson,  now  in  force,  in  respect  to  street 
railroads,  so  far  as  the  same  are  applicable  thereto,  or  that  may  here- 
after be  passed  concerning  police  regulations.  The  rate  of  fare  shall 
not  exceed  five  (5)  cents  for  each  passenger  for  any  continuous  travel 
of  one  ride  upon  said  line  and  the  line  connected  therewith,  between 
said  Keeney  avenue  and  State  street  in  the  south  division  of  the  city 
of  Chicago;  Provided,  however,  that  during  the  period  of  five  (5) 
years  next  after  the  passage  of  this  ordinance,  there  may  be  charged 
for  passage  of  the  line  hereby  authorized,  and  the  line  connected  there- 
with, not  exceeding  eight  (8)  cents  for  each  passenger  for  such  con- 
tinuous travel  of  one  ride. 

1 11.  Reservation  of  rights.]  § 11.  The  village  of  Jefferson, 
for  itself,  and  its  citizens,  reserves  the  right  to  put  in  such  sewer,  gas 
and  water  pipes,  and  other  improvements,  which  it  may  deem  proper 
at  any  place  in  said  Armitage  avenue,  and  the  streets  connecting  or 
intersecting  therewith,  using  reasonable  care  and  diligence  without 
any  liability  for  damages  to  the  said  West  Chicago  Street  Railroad 
Company,  its  successors  and  assigns,  for  so  doing;  Provided,  how- 
ever, that  said  improvements  shall  be  made  and  the  tracks  of  said  com- 
pany restored  at  the  expense  of  said  village. 

If  12.  Acceptance— when  in  force.]  § 12.  This  -ordinance 
shall  take  effect  and  be  in  force  when  said  company  shall  file  with  the 
clerk  of  the  village  of  Jefferson,  its  acceptance,  in  writing,  of  this  ordi- 
nance; Provided,  however,  that  if  said  acceptance  shall  not  be  filed, 
as  aforesaid,  within  thirty  days  after  the  passage  and  approval  of  this 
ordinance,  then  this  ordinance  shall  be  void  and  of  no  effect. 


§ 688. 


II 

1 


1 

f 

1 

it 

1 

1 


West  Chicago  Street  Railroad  company. 

1.  Grant — term — route. 

2.  Taylor  street  bridge — payment  to  city. 

3.  Rate  of  fare — transfers. 

4.  Tracks,  how  laid. 

5.  Motive  power. 

6.  Cable  power,  conditions,  etc. 

7.  Street  improvements  and  repairs. 

8.  Time  of  completion. 

9.  To  restore  streets,  when. 

10.  Damages. 

11.  License  fee. 

12.  Cars  to  be  heated. 

13.  Indemnity  clause. 

14.  Bond. 

15.  Power  of  council. 


§ 688] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1611 


^ 1 6.  Subject  to  general  ordinance. 

H 17.  When  in  force — acceptance. 

An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  con- 
struct and  operate  a street  railway  in  Taylor  street.  (Passed  December  23, 
1889.  Accepted  March  20,  1890.  Accepted  again  May  19,  1890.) 

1.  Grant— term— route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  ' § 1.  That  in  consideration  of  the  accept- 
ance hereof  and  the  undertaking  of  the  West  Chicago  Street  Railroad 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors, and  assigns,  to  lay  down,  construct,  maintain  and  operate 
for  the  period  of  twenty  years  from  the  passage  hereof,  a double  track 
street  railway  with  all  necessary  and  convenient  turn  outs,  and  switches 
in,  upon,  over  and  along  Taylor  street,  between  Fifth  avenue  and 
Canal  street,  and  between  Canal  street  and  Western  avenue,  with  the 
right  to  connect  with  other  street  railroad  tracks. 

T 2.  Taylor  street  bridge— payment  to  city.]  § 2.  The  per- 
mission hereby  granted  is  upon  the  further  express  condition  that  said 
company  shall  secure  from  the  Chicago  Passenger  Railway  Company 
and  file  with  the  city  clerk  of  the  city  of  Chicago  a release  in  writing 
of  any  and  all  claims  which  the  last  named  company  may  have  in  and 
to  the  former  bridge  over  the  south  branch  of  the  Chicago  river  at 
Adams  street,  or  in  or  to  the  proceeds  thereof,  under  the  ordinance  of 
the  city  council  regarding  said  bridge,  passed  April  21,  1884,  and  that 
said  West  Chicago  Street  Railroad  Company  shall  pay  into  the  city 
treasury  of  the  city  of  Chicago  the  sum  of  one  hundred  thousand  dol- 
lars ($100,000)  to  be  paid  into  the  city  treasury  by  said  company  with- 
in ten  days  after  notice  to  said  company  of  the  letting  of  the  contracts 
for  the  work  of  building  the  pier,  abutments  and  approaches  herein- 
after mentioned,  for  the  purpose  of  defraying  the  expense  of  removing 
said  Adams  street  bridge  to  Taylor  street,  and  for  the  purpose  of  pay- 
ing the  city’s  portion  of  the  cost  of  viaducts  with  approaches,  piers  and 
abutments  to  such  bridge;  provided,  also,  that  the  removal  of  said 
bridge  to  Taylor  street  and  the  construction  of  said  viaducts  and  ap- 
proaches shall  be  made  upon  plans  to  be  prepared  by  the  commis- 
sioner of  public  works,  in  accordance  with  the  petitions  of  the  property 
owners,  heretofore  filed  with  waivers  of  damages,  and  the  said  bridge 
and  viaducts  shall  be  completed  within  two  years  from  the  date  of  the 
acceptance  of  this  ordinance. 

1 3.  Rate  of  fare— transfers.]  § 3.  The  rate  of  fare  to  be 
charged  upon  the  line  hereby  authorized  shall  not  exceed  five  (5) 
cents  for  one  continuous  ride  at  one  trip;  for  any  distance  within  the 
present  or  future  city  limits,  provided,  that  said  company  shall  provide 
and  furnish  free  of  charge  to  passengers  who  have  paid  fare  upon  the 
said  line,  transfer  tickets  at  a point  or  points  which  may  be  agreed 
upon  by  the  mayor  and  commissioner  of  public  works  and  said  com- 
pany, permitting  such  passengers  to  ride  upon  the  street  railroad  op- 


1612  STREET  RAILWAYS.  [§  688 

erated  by  said  company  which  intersects  the  line  hereby  authorized  at 
the  point  so  designated. 

% 4.  Tracks,  how  laid.]  § 4.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid 
with  modern  improved  rails  and  in  such  manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions  without  obstruction,  and  shall  also  be  laid  as  near  to 
the  center  of  the  street  as  practicable;  section  1509,  of  the  Municipal 
Code  of  Chicago,  of  1881,  shall  not  apply  to  the  railway  tracks  herein 
authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the  council, 
mayor  and  commissioner  of  public  works,  and  shall  be  laid  under  their 
direction. 

1 5.  Motive  power.]  § 5.  The  cars  to  be  used  on  said  railway 
may  be  operated  by  animal,  cable  or  electric  power,  and  shall  be  used 
for  no  other  purpose  than  to  carry  passengers  and  their  ordinary  pack- 
ages. 

In  the  event  of  electric  power  being  used,  the  same  shall  be  under- 
ground. 

1 6.  Cable  power,  conditions,  etc.]  § 6.  For  the  purpose  of 
operating  the  said  cars  by  cable  power  said  company  may  make  all 
needful  and  convenient  curves,  trenches,  excavations  and  sewer  con- 
nections, and  may  place  all  needful  and  convenient  cables  and  ma- 
chinery in  such  street.  Such  cables  and  machinery  shall  be  under- 
ground, and  constructed  in  a substantial  and  workmanlike  manner, 
of  most  approved  method  and  convenience,  and  constructed  in  a man- 
ner satisfactory  to  the  commissioner  of  public  works,  so  as  not  to  in- 
terfere with  public  travel;  Provided,  that  if  in  the  construction  of. said 
trenches  and  excavations  any  damage  or  injury  shall  result  to  any  of 
the  sewers,  water  pipes  or  private  drains,  then  said  company  shall  be 
held  liable  and  pay  therefor.  If  at  any  time  by  reason  of  the  permis- 
sion hereby  granted  and  the  making  of  such  trenches  and  running  of 
such  cables,  any  injury  or  damage  shall  result  to  any  person  or  prop- 
erty, then  said  company  shall  be  liable  therefor.  All  needful  and  con- 
venient connections  with  the  motive  power  or  engines  shall  be  subject 
to  the  same  restrictions.  The  aperture  opening  into  said  trenches 
shall  not  exceed  five-eighths  of  an  inch  in  width.  In  case  said  road 
shall  be  operated  by  cable  power,  said  company  may  operate  not  ex- 
ceeding two  cars  and  one  grip  car  attached  together,  with  a gripman 
in  charge  of  the  grip  car  and  one  conductor  in  charge  of  each  addi- 
tional car. 

Tf  7.  Street  improvements  and  repairs,]  § 7.  The  said  com- 
pany as  to  the  part  of  said  street  in  and  upon  which  it  said  railway 
may  be  laid  shall  keep  sixteen  feet  in  width  in  good  condition  and  re- 
pair during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  order,  ordinance,  or  regulation 


688] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1613 


may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing, and  when  any  new  improvement  shall  be  ordered  by  the  city 
council  of  said  part  of  said  street,  the  said  railway  company  shall,  in 
the  manner  which  may  be  required  of  the  owners  of  property  fronting 
on  said  part  of  said  street,  make  such  new  improvement  for  the  width 
of  sixteen  feet,  and  if  the  company  shall  refuse  or  fail  so  to  do,  the 
same  may  be  done  by  the  city  and  the  company  shall  be  liable  to  the 
city  for  the  cost  thereof. 

T 8.  Time  of  completion.]  § 8.  The  tracks  on  said  part  of 
said  Taylor  street  between  Canal  street  and  Western  avenue  herein 
authorized  shall  be  laid  on  or  before  May  ist,  1890,  and  the  tracks 
between  Canal  street  and  Fifth  avenue  shall  be  laid  immediately  upon 
the  erection  of  said  bridge,  with  viaducts  and  approaches,  and  if  the 
said  company  shall  fail  to  complete  said  tracks  within  the  said  time, 
the  rights  and  privileges  hereby  granted  shall  cease  and  determine; 
Provided,  that  if  the  said  company  shall  be  restrained  or  prevented 
from  proceeding  with  the  work  upon  said  railway  tracks,  by  the  order 
or  writ  of  any  court  of  competent  jurisdiction,  the  time  during  which 
said  company  may  be  so  delayed  shall  be  added  .to  the  time  herein 
prescribed  for  the  completion  of  said  railway  tracks.  The  city  shall, 
however,  have  the  right  to  intervene  in  any  suit  for  an  injunction  to 
restrain  the  said  company  as  aforesaid,  and  move  for  the  dissolution 
of  the  injunction,  in  case  such  suit  shall  be  deemed  collusive,  or  for 
the  purpose  of  delay,  or  of  extending  the  time  for  the  completion  of 
said  tracks. 

IT  9.  To  restore  streets,  when.]  § 9.  When  the  right  of  said 
railway  company  to  operate  its  railways  on  said  part  of  said  street 
shall  cease  and  determine,  said  company  shall  remove  the  tracks  from 
the  said  part  of  said  street,  and  put  the  said  part  of  the  said  street 
from  which  said  tracks  shall  be  removed  in  as  good  condition  as  the 
adjacent  parts  of  said  street. 

IF  10.  Damages.]  § 10.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  all  damages  to  the  owners  of  property  abut- 
ting on  the  said  part  of  said  street  upon  or  over  which  its  road  may 
be  constructed,  which  said  owners  may  sustain  by  reason  of  the  loca- 
tion or  construction  of  said  road. 

T 11.  License  fee.]  § 11.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago 
for  the  use  of  said  city  the  sum  of  $50,  as  an  annual  license  fee  for 
each  and  every  car  used  by  said  company  in  the  manner  following: 
I11  computing  the  number  of  cars  upon  which  said  license  charge  may 
be  imposed  thirteen  round  trips,  when  the  car  is  used  in  the  transporta- 
tion of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use  of 
one  car,  one-thirteenth  of  such  round  trips  during  each  quarter  shall 
be  divided  by  the  number  of  days  in  such  quarter,  such  quotient  shall 


1614 


STREET  RAILWAYS. 


[§  688 


be  the  number  of  cars  subject  to  such  license  fee,  provided,  however, 
that  such  cars  shall  not  already  be  liable  for  the  payment  of  a license 
fee  on  one  of  the  other  lines  of  this,  company  or  its  connections.  The 
president,  or  other  chief  officer  of  said  company  shall,  under  oath, 
make  report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago, 
of  the  whole  number  of  cars  so  run  by  said  company,  and  at  the  sarnie 
time  pay  to  said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each 
car,  to  be  ascertained  as  above  prescribed  in  this  section.  The  first 
quarter  shall  begin  on  the  first  day  upon  which  said  company  shall 
run  a car  or  cars  for  the  carriage  of  passengers. 

1"  12.  Cars  to  be  heated.]  § 12.  The  cars  upon  the  railway 
hereby  authorized  shall  be  provided  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus  of  a kind  and  nature  to  be  selected  by  said  company  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  car 
and  heating  the  same,  and  the  said  apparatus  shall  be  operated  at 
such  times  during  the  months  aforesaid  as  the  need  of  the  weather 
and  degree  of  temperature  shall  require. 

There  shall  be  operated  at  all  times,  upon  said  line,  a sufficient 
number  of  cars  to  be  run  upon  such  schedule  time  as  will  reasonably 
and  properly  accommodate  the  necessities  of  the  public. 

IF  13.  Indemnity  clause.]  § 13.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees,  and  costs  and  expenses 
of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or  ob- 
tained against  said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

T 14.  Bond.]  § 14.  The  West  Chicago  Street  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  fifty  thousand  ($50,006)  dollars  to  be  approved  by 
the  mayor,  conditioned  for  the  faithful  observance  and  performance 
of  the  provisions  and  conditions  of  this  ordinance  on  its  part  to  be 
observed  and  performed  as  aforesaid. 

T 15.  Power  of  council.]  § 15-  In  case  of  a disagreement 
between  said  mayor  and  commissioner  of  public  works,  and  said  com- 
pany as  to  the  points  of  transfer  as  provided  in  section  3 of  this  ordi- 
nance, the  city  council  may,  by  ordinance,  provide  for  the  same. 

1 16.  Subject  to  general  ordinance.]  § 16.  The  fran- 
chises granted  by  this  ordinance  are  so  granted  subject  to  all  general 
ordinances  of  the  said  city  of  Chicago  concerning  horse  railroads  now 
in  force,  or  which  may  hereafter  be  in  force. 

1 17.  When  in  force— acceptance.]  § 17.  This  ordinance 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1615 


§689] 


shall  take  effect  and  be  in  force  as  soon  as  the  said  company  shall  file 
with  the  city  clerk  its  formal  acceptance  of  the  same,  and  its  bond 
as  hereinbefore  prescribed;  Provided,  however,  that  if  said  accept- 
ance and  bond  shall  not  be  filed  as  aforesaid  within  ninety  days  of  the 
passage  hereof  this  ordinance  shall  be  void  and  of  no  effect. 

Note. — See  following  amendatory  ordinance. 

§ 689.  West  Chicago  Street  Railroad  company. 

1.  Preamble. 

^ 2.  Amending  section  2 of  foregoing  ordinance. 

*(|  3.  Repealing  clause. 

4.  When  in  force. 

An  ordinance  to  amend  an  ordinance  granting  the  West  Chicago  Street  Rail- 
road company  permission  to  lay  railway  tracks  on  Taylor  street,  between 
Western  avenue  and  Fifth  avenue,  passed  December  23,  1889.  (Passed 
January  20,  1890.  Accepted  March  19,  1890,  and  May  20,  1890.) 

1.  Preamble.]  Whereas,  ambiguity  exists  as  to  the  exact 
meaning  and  construction  of  section  2 of  an  ordinance  passed  Decem- 
ber 23,  1889,  granting  the  West  Chicago  Street  Railway  Company 
permission  to  lay  railway  tracks  on  Taylor  street,  between  Western 
avenue  and  Fifth  avenue;  therefore 

If  2.  Amending  section  2 of  foregoing  ordinance.]  Be  it  or 

dained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  section 
2 of  said  ordinance  shall  read  as  follows: 

“§  2.  The  permission  hereby  granted  is  upon  the  further  express 
condition  that  said  company  shall  secure  from  the  Chicago  Passenger 
t Railway  Company  and  file  with  the  city  clerk  of  the  city  of  Chicago 
a release  in  writing  of  any  and  all  claims  which  the  last  named  com- 
pany may  have  in  and  to  the  former  bridge  over  the  south  branch 
of  the  Chicago  river  at  Adams  street,  or  in  or  to  the  proceeds  thereof, 
under  the  ordinance  of  the  city  council  regarding  said  bridge,  passed 
April  21,  1884,  and  that  said  West  Chicago  Street  Railroad  Company 
shall  pay  into  the  city  treasury  of  th‘e  city  of  Chicago  the  sum  of  one 
hundred  thousand  ($100,000)  dollars  to  be  paid  into  the  city  treasury 
by  said  company  within  ten  days  after  notice  to  said  company  of  the 
letting  of  the  contracts  for  the  work  of  building  the  pier,  abutments 
and  approaches  hereinafter  mentioned,  and  for  the  purpose  of  defray- 
ing the  expense  of  removing  said  Adams  street  bridge  to  Taylor  street, 
and  for  the  purpose  of  paying  such  portion  of  the  cost  of  viaducts 
with  approaches,  piers  and  abutments  to  such  bridge  as  shall  not  be 
paid  by  or  recovered  from  the  railroad  companies  owning  tracks  pass- 
ing under  said  bridge;  Provided,  that  the  removal  of  said  bridge  to 
Taylor  street  and  the  construction  of  said  viaducts  and  approaches 
shall  be  completed  within  two  (2)  years  from  the  date  of  the  accept- 
ance of  this  ordinance,  and  that  the  balance  of  the  one  hundred  thous- 
and $100,000)  dollars  remaining  unexpended,  if  any,  after  the  comple- 


1616  STREET  RAILWAYS.  [§  690 

tion  of  the  work  herein  provided  for,  shall  be  repaid  by  said  city  to 
said  Chicago  Passenger  Railway  Company.” 

If  3.  Repealing  clause.]  § 2.  All  ordinances  and  parts  of  or- 
dinances inconsistent  herewith  are  hereby  repealed. 

% 4.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 

§ 690.  West  Chicago  Street  Railroad  company. 

If  1.  Grant — term — route. 

2.  Motive  power — passenger  traffic. 

]f  3.  Cable  power — conditions. 

^f  4.  Street  improvements  and  repairs 
^f  5.  Tracks,  how  laid. 

Tf  6.  Time  of  completion. 

Tf  7.  Rate  of  fare. 

][  8.  Street  to  be  restored,  when. 

If  9.  Damage, 
if  10.  License  fee. 
if  11.  Cars  to  be  heated, 
if  12.  Indemnity  clause, 
if  13.  Bond. 

if  14.  Subject  to  general  ordinance, 
if  15.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  and  operate  a street  railway  in  Armitage  avenue.  (Passed  Jan- 
uary 20,  1890.) 

IT  1.  Grant — term— route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 

hereof  and  the  undertaking  of  the  West  Chicago  Street  Railroad  Com-  . 
pany  to  comply  with  the  provisions  herein  contained,  consent,  per- 
mission and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate  for 
the  period  of  twenty  years  from  the  passage  hereof  a double  track 
street  railway  with  all  necessary  and  convenient  turn-outs,  and 
switches  in,  upon,  over  and  along  Armitage  avenue,  between  Califor- 
nia avenue  and  Simmons  (or  Kedzie)  avenue  in  the  city  of  Chicago, 
with  the  right  to  connect  with  other  street  railroad  tracks. 

1 2.  Motive  power — passenger  traffic.]  § 2.  The  cars  to  be 
used  on  said  line  of  said  railroad  may  be  operated  by  animal  or  cable 
power,  and  shall  be  used  for  no  other  purpose  than  to  carry  passengers 
and  their  ordinary  packages. 

T 3.  Cable  power — conditions.]  § 3.  For  the  purpose  of  op- 
erating said  cars  by  cable  power  said  company  may  make  all  needful 
and  convenient  curves,  trenches,  excavations  and  sewer  connections 
and  may  place  all  needful  and  convenient  cables  and  machinery  in 
such  street,  and  connect  the  same  with  stationary  engine  or  engines 
necessary  to  properly  operate  the  same,  which  stationary  engine  or 
engines  shall  not  be  located  upon  any  street  or  public  place  in  the  city. 


69°] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1617 


Such  cables  and  machinery  connected  therewith  shall  be  underground 
and  constructed  in  a substantial  and  workmanlike  manner,  of  most 
approved  method  and  convenience,  so  as  not  to  interfere  with  public 
travel;  Provided,  that  if  in  the  construction  of  said  trenches  and  ex- 
cavations any  damage  or  injury  shall  result  to  any  of  the  sewers,  wa- 
ter pipes  or  private  drains,  then  said  company  shall  be  held  liable  and 
pay  therefor.  If  at  any  time  by  reason  of  the  permission  hereby 
granted  and  the  making  of  such  trenches  and  the  running  of  such 
cables,  any  injury  or  damage  shall  result  to  any  person  or  property, 
then  said  company  shall  be  liable  therefor.  All  needful  and  conveni- 
ent connections  with  the  motive  power  or  engines  shall  be  subject  to 
the  same  restrictions.  The  aperture  opening  into  such  trenches  shall 
not  exceed  five-eighths  of  an  inch  in  width.  In  case  said  line  shall  be 
operated  by  cable  power,  said  company  may  operate  not  exceeding 
two  cars  and  one  grip-car  attached  together,  with  a gripman  in  charge 
of  the  grip-car  and  one  conductor  in  charge  of  each  additional  car. 

T 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and 
repair  during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  order,  ordinance  or  regulation 
may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing; and  when  any  new  improvement  shall  be  ordered  by  the  city 
council  of  the  said  part  of  the  said  street,  the  said  railway  company 
shall,  in  the  manner  which  may  be  required  of  the  owners  of  the  prop- 
erty fronting  on  said  part  of  said  street,  make  such  new  improvement 
for  the  width  of  sixteen  feet,  and  of  the  said  company  shall  refuse  or 
fail  so  to  do,  the  same  may  be  done  by  the  city,  and  the  company  shall 
be  liable  and  pay  to  the  city  for  the  cost  thereof. 

If  5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  said  street  and  shall  be 
laid  with  modern  improved  rails  and  in  such  manner  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  the  same  at  all  points 
and  in  all  directions  without  obstruction,  and  shall  also  be  laid  as  near 
to  the  center  of  the  said  street  as  practicable.  Section  1509  of  the 
Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railway 
tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory 
to  the  mayor  and  commissioner  of  public  works,  and  shall  be  laid  un- 
der their  direction. 

6.  Time  of  completion.]  § 6.  The  tracks  herein  author- 
ized shall  be  laid  on  or  before  August  1,  1890.  And  if  the  said  com- 
pany shall  fail  to  complete  said  tracks  within  the  said  time,,  the  rights 
and  privileges  hereby  granted  shall  cease  and  determine;  Provided, 
that  if  the  said  company  shall  be  restrained  or  prevented  from  pro- 
ceeding with  the  work  upon  said  railway  tracks  by  the  order  or  writ 
of  any  court  of  competent  jurisdiction,  the  time  during  which  said 

102 


1618 


STREET  RAILWAYS. 


[§  690 


company  may  be  so  delayed  shall  be  added  to  the  time  herein  pre- 
scribed for  the  completion  of  said  railway  tracks.  The  city  shall,  how- 
ever, have  the  right  to  intervene  in  any  suit  for  an  injunction  to  re- 
strain the  said  company,  as  aforesaid,  and  move  for  the  dissolution 
of  the  injunction  in  case  such  suit  shall  be  deemed  collusive  or  for 
the  purpose  of  delay  or  of  extending  the  time  for  the  completion  ot 
said  tracks. 

1"  7.  Rate  of  fare.]  § 7.  The  rate  of  fare  to  be  charged  upon 
the  line  herein  authorized  shall  not  exceed  five  (5)  cents  for  one  con- 
tinuous ride  of  one  trip  for  each  passenger  over  twelve  years  of  age 
and  half  fare  for  each  passenger  more  than  seven  and  under  twelve 
years  of  age;  Provided,  however,  that  the  cars  upon  the  line  hereby 
authorized  shall  run  to  and  from  the  south  division  of  the  city  for 
one  fare  in  either  direction. 

T 8.  Street  to  be  restored,  when.]  § 8.  When  the  right  of 

said  railroad  company  to  operate  its  railway  on  said  street  shall  cease 
and  determine,  said  company  shall  remove  the  tracks  from  the  said 
street,  and  put  the  said  street  from  which  said  tracks  shall  be  re- 
moved in  as  good  condition  as  the  adjacent  parts  of  said  street. 

Tf  9.  Damage.]  § 9.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting 
on  the  said  part  of  said  street  upon  or  over  which  its  road  may  be  con- 
structed, which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 

T 10.  License  fee.]  § 10.  The  said  West  Chicago  Street 
Railroad  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago for  the  use  of  said  city  the  sum  of  fifty  ($50)  dollars,  as  an  annual 
license  fee  for  each  and  every  car  used  by  said  company  on  said  line 
herein  authorized  in  the  manner  following:  In  computing  the  num- 

ber of  cars  upon  which  said  license  charge  may  be  imposed  thirteen 
round  trips,  when  the  car  is  used  in  the  transportation  of  passengers, 
shall  be  taken  as  equivalent  to  one  day’s  use  of  one  car,  one-thirteenth 
of  such  round  trips  during  each  quarter  shall  be  divided  by  the  num- 
ber of  days  in  such  quarter,  such  quotient  shall  be  the  number  of  cars 
subject  to  such  license  fee.  The  president,  or  other  chief  officer  of 
said  company  shall,  under  oath,  make  report  quarter-yearly  to  the 
comptroller  of  the  city  of  Chicago,  of  the  whole  number  of  cars  so 
run  by  said  company,  and  at  the  same  time  pay  the  said  comptroller 
twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  ascertained  as 
above  prescribed  in  this  section.  The  first  quarter  shall  begin  on  the 
first  day  upon  which  said  company  shall  run  a car  or  cars  for  the  car- 
riage of  passengers. 

11.  Cars  to  be  heated.]  §11.  The  cars  upon  the  line 

hereby  authorized  shall  be  provided  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus,  of  a kind  and  nature  which  shall  be  reasonably  effective 


691] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1619 


in  raising  the  temperature  in  said  car  and  heating  the  same,  and  the 
said  apparatus  shall  be  operated  at  such  times  during  the  months 
aforesaid,  as  the  nature  of  the  weather  and  the  degree  of  the  temper- 
ature shall  require.  And  the  cars  upon  said  tracks  herein  authorized 
to  be  laid  shall  run  at  such  intervals  as  may  be  necessary  to  accom- 
modate the  public. 

T 12.  Indemnity  clause.]  § 12.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees,  costs  and  expenses  which  it 
may  suffer  or  which  may  be  recovered  or  obtained  against  said  city 
for  or  by  reason  of  the  granting  of  such  privileges,  or  for  or  by  reason 
of  or  growing  out  of  or  resulting  from  the  exercise  by  said  company 
of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  said  com- 
pany, its  servants  or  agents,  under  or  by  virtue  of  the  provisions  of 
this  ordinance. 

13.  Bond.]  § 13.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  fifty  thousand  ($50,000)  dollars,  to  be  approved 
by  the  mayor,  for  the  faithful  observance  and  performance  of  the  pro- 
visions and  conditions  of  this  ordinance,  on  its  part  to  be  observed 
and  performed  as  aforesaid. 

1 14.  Subject  to  general  ordinance.]  § 14.  The  franchise 
granted  by  this  ordinance  is  granted  subject  to  all  general  ordinances 
of  the  said  city  of  Chicago  concerning  street  railroads  now  in  force 
or  which  may  hereafter  be  in  force. 

1 15.  When  in  force— acceptance.]  § 15.  This  ordinance 
shall  take  effect  and  be  in  force  as  soon  as  the  said  company  shall  file 
with  the  city  clerk  its  formal  acceptance  of  the  same,  and  the  bond 
as  herein  prescribed;  Provided,  however,  that  if  said  acceptance  and 
bond  shall  not  be  filed  as  aforesaid,  within  sixty  days  from  the  pas- 
sage hereof,  this  ordinance  shall  be  void  and  of  no  effect. 

§ 691.  West  Chicago  Street  Railroad  company, 
if  1.  Grant  20  years — route, 
if  2.  Rate  of  fare — free  riders. 

*f[  3.  Tracks,  how  to  be  laid. 

4.  Motive  power — passenger  service, 
if  5.  Cable  power — conditions. 

^ 6.  Street  improvements  and  repairs. 

*[[  7.  Time  of  completion. 

][  8.  Streets  restored,  when. 

if  9.  Damages — sprinkle  streets. 

if  10.  License  fee. 

if  11.  Cars  to  be  heated. 

if  12.  Indemnity  clause. 

if  13.  Bond. 

f 14.  When  in  force— acceptance. 

An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  con- 
struct, maintain  and  operate  a double  track  street  railway  in  Lawndale 
avenue.  (Passed  November  17,  1890.  Accepted  February  9,  1891.) 


1620 


STREET  RAILWAYS. 


[§  691 


1 1.  Grant  20  years  — route.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § I.  That,  in  consideration  of  the 
acceptance  hereof  and  the  undertaking  of  the  West  Chicago  Street 
Railroad  Company  to  comply  with  the  provisions  herein  contained, 
consent,  permission  and  authority  are  hereby  granted  to  said  com- 
pany, its  successors  and  assigns,  to  lay  down,  construct,  maintain  and 
operate,  for  the  period  of  twenty  years  from  the  passage  hereof,  a 
double  track  street  railway,  with  all  necessary  and  convenient  turn- 
outs and  switches,  in,  upon,  over  and  along  Lawndale  avenue,  be- 
tween Ogden  avenue  and  Thirty-third  street,  with  the  right  to  con- 
nect with  the  street  railroad  tracks  heretofore  authorized  to  be  laid 
on  Ogden  avenue  by  the  Chicago  West  Division  Railway  Company. 

1 2.  Rate  of  fare — free  riders.]  § 2.  The  rate  of  fare  to  be 
charged  upon  the  line  hereby  authorized  and  the  line  with  which 
the  same  shall  be  connected  shall  not  exceed  five  (5)  cents  for  one 
continuous  ride  of  one  trip,  for  any  distance  within  the  present  or 
future  city  limits;  Provided,  however,  that  no  fare  shall  be  collected 
from  any  policeman,  fireman,  or  United  States  letter  carriers  when 
in  uniform. 

T 3.  Tracks,  how  to  be  laid.]  § 3.  The  tracks  of  said  rail- 
way shall  not  be  elevated  above  the  surface  of  the  street  and  shall  be 
laid  with  modern  improved  rails  and  in  such  a manner  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  the  same,  at  all  points 
and  in  all  directions,  without  obstruction  and  shall,  also,  be  laid  as 
near  to  the  center  of  the  street  as  practicable.  Section  1509  of  the 
Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railroad 
tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory 
to  the  mayor  and  commissioner  of  public  works,  and  shall  be  laid 
under  their  direction. 

1 4.  Motive  power— passenger  service.]  § 4.  The  cars  to 

be  used  on  said  railway  may  be  operated  by  animal,  cable,  electric 
power  or  by  gas  motors  and  shall  be  used  for  no  other  purpose  than 
to  carry  passengers  and  their  ordinary  packages.  In  the  event  of 
electric  power  being  used,  the  same  shall  be  under  ground. 

1 5.  Cable  power— conditions.]  § 5,  For  the  purpose  of  op- 
erating the  said  cars  by  cable  power,  said  company  may  make  all 
needful  and  convenient  curves,  trenches,  excavations  and  sewer  con- 
nections and  may  place  all  needful  and  convenient  cables  and  ma- 
chinery in  such  street.  Such  cables  and  machinery  shall  be  under 
ground  and  constructed  in  a substantial  and  workmanlike  manner, 
of  most  approved  method  and  convenience,  and  constructed,  in  a 
manner  satisfactory  to  the  commissioner  of  public  works,  so  as  not 
to  interfere  with  public  travel;  Provided,  that  if  in  the  construction 
of  said  trenches  and  excavations  any  damage  or  injury  shall  result  to 
any  of  the  sewers,  water  pipes  or  private  drains,  then,  said  company 
shall  be  held  liable  and  pay  therefor.  If,  at  any  time,  by  reason  of  the 


§ 691]  ’ WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1621 

permission  hereby  granted  and  the  making  of  such  trenches  and  run- 
ning of  such  cables,  any  injury  or  damage  shall  result  to  any  person 
or  property,  then,  said  company  shall  be  liable  therefor.  All  need- 
ful and  convenient  connections  with  the  motive  power  or  engine  shall 
be  subject  to  the  same  restrictions.  The  aperture  opening  into  said 
trenches  shall  not  exceed  five-eighths  of  an  inch  in  width.  In  case 
said  road  shall  be  operated  by  cable  power,  said  company  may  oper- 
ate not  exceeding  two  cars  and  one  grip  car,  attached  together,  with 
a grip  man  in  charge  of  the  grip  car  and  one  conductor  in  charge  of 
each  additional  car. 

T 6.  Street  improvements  and  repairs.]  § 6.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and  re- 
pair during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend  in  accordance  with  whatever  order,  ordinance,  or  regulation 
may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing; and,  when  built,  to  be  paved  with  cedar  blocks  and,  when 
any  new  improvement  shall  be  ordered  by  the  city  council  of  said 
part  of  said  street,  the  said  railway  company  shall,  in  the  manner 
which  may  be  required  of  the  owners  of  property  fronting  on  said  part 
of  said  street,  make  such  new  improvement  and,  if  the  company  shall 
refuse  or  fail  so  to  do,  the  same  may  be  done  by  the  city  and  the  com- 
pany shall  be  liable  to  the  city  for  the  cost  thereof. 

If  7.  Time  of  completion.]  § 7.  The  tracks  herein  author- 
ized shall  be  laid  within  two  years  from  the  passage  and  acceptance 
of  this  ordinance  and  if  the  said  company  shall  fail  to  complete  said 
tracks  within  said  time  the  rights  and  privileges  herein  granted  shall 
cease  and  determine;  Provided,  that  if  said  company  shall  be  restrained 
or  prevented  from  proceeding  with  the  work  upon  said  railroad  tracks 
by  the  order  or  writ  of  any  court  of  competent  jurisdiction,  the  time 
during  which  said  company  may  be  so  delayed  shall  be  added  to  the 
time  herein  prescribed  for  the  completion  of  said  railway  tracks.  The 
city  shall,  however,  have  the  right  to  intervene  in  any  suit  for  an  in- 
junction to  restrain  the  said  company  as  aforesaid,  and  move  for  the 
dissolution  of  the  injunction  in  case  such  suit  shall  be  deemed  collu- 
sive, or  for  the  purpose  of  delay,  or  of  extending  the  time  for  the 
completion  of  said  tracks. 

1 8.  Streets  restored,  when.]  § 8.  When  the  right  of  said 
railway  company  to  operate  its  railways  on  said  part  of  said  street 
shall  cease  and  determine,  said  company  shall  remove  the  tracks 
from  the  said  part  of  said  street  and  put  the  said  street  from  which 
said  tracks  shall  be  removed  in  as  good  condition  as  the  adjacent  parts 
of  said  street. 

If  9.  Damages— sprinkle  streets.]  § 9.  The  said  West  Chi- 
cago Street  Railroad  Company  shall  pay  all  damages  to  the  owners 
of  property  abutting  on  the  said  part  of  said  street  upon  or  over  which 


1622 


STREET  RAILWAYS. 


[§69I 


its  road  may  be  constructed,  which  said  owners  may  sustain  by  rea- 
son of  the  location  or  construction  of  said  road,  and  said  company 
shall  keep  the  portion  of  said  street  upon  which  its  tracks  are  laid 
properly  sprinkled  from  curb  to  curb  from  May  15th  to  October  15th 
of  each  and  every  year. 

1*  10.  License  fee.]  § 10.  The  said  West  Chicago  Street 
Railroad  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  $50  as  an  annual  license  fee 
for  each  and  every  car  used  by  said  company  in  the  manner  following: 
In  computing  the  number  of  cars  upon  which  said  license  charge  may 
be  imposed,  thirteen  round  trips,  when  the  car  is  used  in  the  transpor- 
tation of  passengers,  shall  be  taken  as  equivalent  to  one  day’s  use  of 
one  car;  one-thirteenth  of  such  round  trips  during  each  quarter  shall 
be  divided  by  the  number  of  days  in  such  quarter,  such  quotient  shall 
be  the  number  of  cars  subject  to  such  license  fee;  Provided,  however, 
that  such  cars  shall  not  already  be  liable  for  the  payment  of  a license 
fee  on  one  of  the  other  lines  of  this  company  or  its  connections.  The 
president  or  other  chief  officer  of  said  company  shall,  under  oath, 
make  report  quarter-yearly,  to  the  comptroller  of  the  city  of  Chi- 
cago, of  the  whole  number  of  cars  so  run  by  said  company  and,  at  the 
same  time,  pay  to  said  comptroller  twelve  dollars  and  a half  ($12.50) 
for  each  car,  to  be  ascertained  as  above  prescribed  in  this  section. 
The  first  quarter  shall  begin  on  the  first  day  upon  which  said  company 
shall  run  a car  or  cars  for  the  carriage  of  passengers. 

If  11.  Cars  to  be  heated.]  §11.  The  cars  upon  the  railway 
hereby  authorized  shall  be  provided,  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year,  with  heating 
apparatus,  of  a kind  and  nature  to  be  selected  by  said  company,  which 
shall  be  reasonably  effective  in  raising  the  temperature  in  said  car 
and  heating  the  same,  and  the  said  apparatus  shall  be  operated  at 
such  times  during  the  months  aforesaid  as  the  need  of  the  weather  and 
the  degree  of  temperature  shall  require. 

T 12.  Indemnity  clause.]  § 12.  The  company  shall,  for- 
ever, indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and 
expenses  of  the  same  which  it  may  suffer,  or  which  may  be  recovered 
or  obtained  against  said  city  for  or  by  reason  of  the  granting  of  such 
privileges,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  exercise  of  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

If  13.  Bond.]  § 13.  The  West  Chicago  Street  Railway  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  $10,000,  to  be  approved  by  the  mayor,  condi- 
tioned for  the  faithful  performance  and  observance  of  the  provisions 


6 92] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1623 


and  conditions  of  this  ordinance,  on  its  part  to  be  observed  and  per- 
formed as  aforesaid. 

% 14.  When  in  force— acceptance.]  § 14-  This  ordinance 
shall  take  effect  and  be  in  force  as  soon  as  the  said  company  shall 
file  with  the  city  clerk  its  formal  acceptance  of  the  same  and  its  bond 
as  hereinbefore  prescribed;  Provided,  however,  that  if  said  acceptance 
and  bond  shall  not  be  filed  as  aforesaid  within  ninety  days  of  the  pas- 
sage hereof,  this  ordinance  shall  be  void  and  of  no  effect. 

§ 692.  West  Chicago  Street  Railroad  company. 


1 

1. 

Grant — term — route. 

• 

2. 

Motive  power — passenger  service. 

If 

3- 

Cable  power — conditions. 

If 

4. 

Street  improvements  and  repairs. 

5. 

Tracks,  how  laid. 

T 

6. 

Time  of  completion. 

7* 

Rate  of  fare — transfers. 

* 

8. 

Streets  restored,  when. 

If 

9- 

Damages. 

c 

10. 

License  fee. 

1 

11. 

Cars  to  be  heated. 

r 

12. 

Indemnity  clause. 

If  I3- 

Bond. 

If 

When  in  force. 

An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  con- 
struct, maintain  and  operate  a street  railway  in  West  North  avenue  from 
California  avenue  to  Crawford  avenue.  (Passed  September  28,  1891.  Ac- 
cepted October  8,  1891.) 

1 1.  Grant — term — route.  ] Be  it  ordained  by  the  city  council 

of  the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  of  the  West  Chicago  Street  Railroad  Com- 
pany to  comply  with  the  provisions  herein  contained,  consent,  per- 
mission and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate,  until 
July  30th,  1911,  a double  track  street  railway,  with  all  necessary  and 
convenient  turnouts  and  switches  in,  upon,  over  and  along  West 
North  avenue,  between  California  avenue  and  Crawford  avenue,  in 
the  city  of  Chicago,  with  the  right  to  connect  with  other  street  rail- 
road tracks. 

If  2.  Motive  power— passenger  service.]  § 2.  The  cars  to 
be  used  on  said  line  of  said  railroad  may  be  operated  by  animal,  elec- 
tric or  cable  power  and  shall  be  used  for  no  other  purpose  than  to 
carry  passengers  and  their  ordinary  packages.  In  the  event  of  elec- 
tricity being  used  the  same  shall  be  under  ground  or  storage  battery 
system,  no  overhead  wires  shall  be  used. 

T 3.  Cable  power— conditions.]  § 3.  For  the  purpose  of  op- 
erating said  cars  by  cable  or  electric  power,  said  company  shall  make 
all  needful  and  convenient  curves,  trenches,  excavations  and  sewer 
connections,  and  may  place  all  needful  and  convenient  cables,  wires 


1624 


STREET  RAILWAYS. 


[§  692 


and  machinery  in  such  street  and  connect  the  same  with  stationary 
engine  necessary  to  properly  operate  the  same,  which  stationary  en- 
gine or  engines  shall  not  be  located  upon  any  street  or  public  places 
in  the  city.  Such  cables,  wires  and  machinery  connected  therewith 
shall  be  underground  and  constructed  in  a substantial  and  workman- 
like manner,  of  the  most  approved  method  and  convenience,  so  as  not 
to  interfere  with  public  travel;  Provided,  that  if,  in  the  construction 
of  said  trenches  and  excavations  any  damage  or  injury  shall  result 
to  any  of  the  sewers,  water  pipes  or  private  drains,  then  said  company 
shall  be  held  liable  and  pay  therefor.  If,  at  any  time,  by  reason  of 
the  permission  hereby  granted  and  the  making  of  such  trenches  and 
the  running  of  such  cables  or  wires,  any  injury  or  damage  shall  result 
to  any  person  or  property,  then  said  company  shall  be  liable  therefor. 
All  needful  and  convenient  connections  with  the  motive  power  or 
engines  shall  be  subject  to  the  same  restrictions.  The  aperture  open- 
ing into  said  trenches  shall  not  exceed  five-eighths  of  an  inch  in  width. 
In  case  said  line  shall  be  operated  by  cable  or  electric  power,  said 
company  may  operate  not  exceeding  two  cars  and  one  grip  car  at- 
tached together,  with  a grip  man  in  charge  of  the  grip,  and  one  con- 
ductor in  charge  of  each  additional  car. 

IT  4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and 
repair,  during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  order,  ordinance  or  regulations 
may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing; and,  when  any  new  improvement  shall  be  ordered  by  the  city 
council  of  the  said  part  of  said  street,  the  said  company  shall,  in  the 
manner  which  may  be  required  of  the  owners  of  property  fronting  on 
said  part  of  said  street,  make  such  new  improvement  for  the  width  of 
sixteen  feet;  and,  if  the  said  company  shall  refuse  or  fail  so  to  do,  the 
same  may  be  done  by  the  city  and  the  company  shall  be  liable  and 
pay  to  the  city  for  the  cost  thereof. 

1 5.  Tracks,  how  laid.j  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  said  street  and  shall  be  laid 
with  modern  improved  rails  and  in  such  a manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions  without  obstruction  and  shall,  also,  be  laid  as  near 
to  the  center  of  said  street  as  practicable.  Section  1509  of  the  Mu- 
nicipal Code  of  Chicago  of  1881  shall  not  apply  to  the  railroad  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
mayor  and  commissioner  of  public  works  and  shall  be  laid  under  their 
direction. 

1 6.  Time  of  completion.]  § 6.  The  tracks  herein  author- 
ized shall  be'  laid  within  nine  (9)  months  to  Kedzie  avenue,  and  to 
Crawford  avenue  within  six  (6)  months  after  the  sewer  and  water 
pipes  have  been  laid  in  said  West  North  avenue,  not  counting  the 


692] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1625 


months  of  December,  January  and  February.  And,  if  the  said  com- 
pany shall  fail  to  complete  said  tracks  within  the  said  time,  the  rights 
and  privileges  hereby  granted  shall  cease  and  determine;  Provided, 
that  if  the  said  company  shall  be  restrained  or  prevented  from,  pro- 
ceeding with  the  work  upon  said  railway  tracks  by  the  order  or  writ 
of  any  court  of  competent  jurisdiction  the  time  during  which  said  com- 
pany may  be  so  delayed  shall  be  added  to  the  time  herein  prescribed 
for  the  completion  of  said  railway  tracks.  The  city  shall,  however, 
have  the  right  to  intervene  in  any  suit  for  an  injunction  to  restrain 
the  said  company,  as  aforesaid,  and  move  for  the  dissolution  of  the 
injunction  in  case  said  suit  shall  be  deemed  collusive,  or  for  the  pur- 
pose of  delay,  or  of  extending  the  time  for  the  completion  of  said 
tracks. 

1 7.  Rate  of  fare — transfers.]  § 7.  The  rate  of  fare  to  be 
charged  upon  the  line  herein  authorized  shall  not  exceed  five  (5)' 
cents  for  one  continuous  ride  of  one  trip  for  each  passenger,  within 
the  present  or  future  city  limits;  Provided,  however,  that  the  cars 
upon  the  line  hereby  authorized  shall  run  to  and  from  Crawford  ave- 
nue, or  give  transfer  tickets  to  and  from  the  south  division  of  the  city 
for  one  fare  in  either  direction;  and  Provided,  further,  that  no  fare 
shall  be  charged  for  policemen  or  firemen  in  uniform. 

T 8.  Streets  restored,  when.]  § 8.  When  the  right  of  said 
railroad  company  to  operate  its  railway  on  said  street  shall  cease  and 
determine,  said  company  shall  remove  the  tracks  from  the  said  street 
and  put  the  said  street  from  which  said  tracks  shall  be  removed  in  as 
good  condition  as  the  adjacent  parts  of  said  street. 

1 9*  Damages.]  § 9.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting 
on  the  said  part  of  said  street  upon  or  over  which  its  road  may  be 
constructed,  which  said  owners  may  sustain  by  reason  of  the  location 
or  construction  of  said  road. 

If  10.  License  fee.]  § 10.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  in  to  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  dollars  ($50),  as  an  annual 
license,  for  each  and  every  car  used  by  said  company  on  said  line 
herein  authorized  in  the  manner  following:  In  computing  the  number 
of  cars  upon  which  said  license  charge  may  be  imposed,  thirteen 
round  trips,  when  the  car  is  used  in  the  transportation  of  passengers, 
shall  be  taken  as  equivalent  to  one  day’s  use  of  one  car;  one-thirteenth 
of  such  round  trips  during  each  quarter  shall  be  divided  by  the  num- 
ber of  days  in  such  quarter;  such  quotient  shall  be  the  number  of  cars 
subject  to  such  license  fee;  Provided,  however,  that  such  cars  shall 
not  be  liable  for  the  payment  of  a license  fee  on  any  of  the  other  lines 
or  routes  of  this  company  or  its  connections.  The  president  or  other 
chief  officer  of  said  company  shall,  under  oath,  make  report  quarter 
yearly,  to  the  comptroller  of  the  city  of  Chicago,  of  the  whole  number 


1626 


STREET  RAILWAYS. 


[§  693 


of  cars  so  run  by  said  company  and,  at  the  same  time,  pay  the  said 
comptroller  twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  as- 
certained as  above  prescribed  in  this  section.  The  first  quarter  shall 
begin  upon  the  first  day  upon  which  said  company  shall  run  a car 
or  cars  for  the  carriage  of  passengers. 

1"  11.  Cars  to  be  heated.]  §11.  The  cars  upon  the  line  hereby 
authorized  shall  be  provided  during  the  months  of  November,  Decem- 
ber, January,  February  and  March  of  each  year  with  heating  appara- 
tus, of  a kind  and  nature  which  shall  be  reasonably  effective  in  raising 
the  temperature  in  said  car  and  heating  the  same;  and  the  said  ap- 
paratus shall  be  operated  at  such  times  during  the  months  aforesaid 
as  the  nature  of  the  weather  and  the  degree  of  the  temperature  shall 
require.  And  the  cars  upon  said  tracks  herein  authorized  to  be  laid 
shall  be  run  at  intervals  as  may  be  necessary  to  accommodate  the 
public. 

12.  Indemnity  clause.]  § 12.  The  company  shall,  for  ever, 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  which  it 
may  suffer,  or  which  may  be  recoverable  or  obtained  against  the  said 
city,  for  or  by  reason  of  the  granting  of  such  privileges,  or  for  or  by  rea- 
son of,  or  growing  out  of,  or  resulting  from,  the  exercise  by  said  com- 
pany of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  said 
company,  its  servants  or  agents,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

T 13.  Bond.]  § 13.  The  West  Chicago  Street  Railroad  Company 
shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond,  in  the 
penal  sum  of  ten  thousand  dollars  ($10,000),  to  be  approved  by  the 
mayor,  for  the  faithful  observance  and  performance  of  the  provisions 
and  conditions  of  this  ordinance  on  its  part  to  be  observed  and  per- 
formed as  aforesaid. 

1 14.  When  in  force.]  § 14.  This  ordinance  shall  take  ef- 
fect and  be  in  force  as  soon  as  the  said  company  shall  file  with  the 
city  clerk  its  formal  acceptance  of  the  same  and  the  bond  as  herein 
prescribed;  Provided,  however,  that  if  said  acceptance  and  bond  shall 
not  be  filed,  as  aforesaid,  within  thirty  days  from  the  passage  hereof, 
this  ordinance  shall  be  void  and  of  no  effect. 

§ 693.  West  Chicago  Street  Railroad  company. 

H 1.  Grant— term — route. 

*\\  2.  Motive  power — passenger  service. 

^ 3.  Motive  power — cable — conditions. 

T[  4.  Street  improvements  and  repairs. 

*11  5.  Tracks,  how  laid. 

6.  Time  of  completion. 

• ^ 7.  Rate  of  fare — free  riders. 

8.  Streets  restored,  when. 

9.  Damages. 

^ 10.  License  fee. 


§ 693] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1627 


^ ii.  Cars  to  be  heated. 

^ 12.  Indemnity  clause. 

13.  Bond. 

][  14.  When  in  force — acceptance. 

An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  con- 
struct, maintain  and  operate  a street  railway  in  Lake  street  from  Crawford 
avenue  to  Forty-eighth  street.  (Passed  December  28,  1891.  Accepted 
February  18,  1892.) 

1.  Grant — term  - route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  accept- 

ance hereof  and  the  undertaking  of  the  West  Chicago  .Street  Railroad 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate,  for 
the  period  of  twenty  (20)  years  from  the  passage  hereof,  a double 
track  street  railway,  with  all  necessary  and  convenient  turnouts  and 
switches,  in,  upon,  over  and  along  Lake  street,  from  Crawford  avenue 
to  Forty-eighth  street,  in  the  city  of  Chicago,  with  the  right  to  con- 
nect with  other  street  railroad  tracks. 

T 2.  Motive  power— passenger  service.]  § 2.  The  cars  to 
be  used  on  said  line  of  said  railroad  may  be  operated  by  animal  or 
cable  power  and  shall  be  used  for  no  other  purpose  than  to  carry 
passengers  and  their  ordinary  packages. 

Tf  3.  Motive  power — cable— conditions.]  § 3.  For  the  pur- 
pose of  operating  said  cars  by  cable  power,  said  company  may  make 
all  needful  and  convenient  curves,  trenches,  excavations  and  sewer 
connections,  and  may  place  all  needful  and  convenient  cables  and  ma- 
chinery in  such  street  and  connect  the  same  with  stationary  engine 
necessary  to  properly  operate  the  same,  which  stationary  engine  or 
engines  shall  not  be  located  upon  any  street  or  public  place  in  the 
city.  Such  cables  and  machinery  connected  therewith  shall  be  under 
ground,  and  constructed  in  a substantial  and  workmanlike  manner, 
of  the  most  approved  method  and  convenience,  so  as  not  to  interfere 
with  public  travel;  Provided,  that  if  in  the  construction  of  said 
trenches  and  excavations  any  damage  or  injury  shall  result  to  any  of 
the  sewers,  water  pipes  or  private  drains,  then  said  company  shall  be 
liable  and  pay  therefor.  If,  at  any  time,  by  reason  of  the  permission 
hereby  granted  and  the  making  of  such  trenches  and  the  running  of 
such  cables,  any  injury  or  damage  shall  result  to  any  person  or  prop- 
erty, then  said  company  shall  be  liable  therefor.  All  needful  and  con- 
venient connections  with  the  motive  power  or  engines  shall  be*  subject 
to  the  same  restrictions.  The  aperture  opening  into  said  trenches 
shall  not  exceed  five-eighths  of  an  inch  in  width.  In  case  said  line 
shall  be  operated  by  cable  power,  said  company  may  operate  not  ex- 
ceeding two  cars  and  one  grip  car  attached  together,  with  a gripman 
in  charge  of  the  grip  car  and  one  conductor  in  charge  of  each  addi- 
tional car. 


1628 


STREET  RAILWAYS. 


1 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and 
repair  during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  order,  ordinance  or  regulation 
may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing; and,  when  any  new  improvement  shall  be  ordered  by  the  city 
council  of  the  said  part  of  said  street,  the  said  company  shall,  in  the 
manner  which  may  be  required  of  the  owners  of  the  property  front- 
ing on  said  part  of  said  street,  make  such  new  improvement  for  the 
width  of  sixteen  feet;  and,  if  the  said  company  shall  refuse  or  fail  so  to 
do,  the  same  may  be  done  by  the  city,  and  the  company  shall  be  liable 
and  pay  to  the  city  for  the  cost  thereof. 

1”  5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  said  street  and  shall  be  laid 
with  modern  improved  rails  and  in  such  a manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and  in 
all  directions  without  obstruction,  and  shall  also  be  laid  as  near  to 
the  center  of  the  said  street  as  practicable.  Section  2074  of  the  laws 
and  ordinances  of  the  city  of  Chicago  of  1890  shall  not  apply  to  the 
railroad  tracks  herein  authorized,  but  the  rails  to  be  used  shall  be  sat- 
isfactory to  the  mayor  and  commissioner  of  public  works,  and  shall 
be  laid  under  their  direction. 

T 6.  Time  of  completion.]  § 6.  The  tracks  herein  author- 
ized shall  be  laid  within  nine  months  after  the  water  pipes  have  been 
laid  in  said  Lake  street,  not  counting  the  months  of  December,  Jan- 
uary and  February.  And  if  the  said  company  shall  fail  to  complete 
said  tracks  within  the  said  time  the  rights  and  privileges  hereby 
granted  shall  cease  and  determine;  Provided,  that  if  the  said  company 
shall  be  restrained  or  prevented  from  proceeding  with  the  work  upon 
said  railway  tracks,  by  the  order  or  writ  of  any  court  of  competent 
jurisdiction,  the  time  during  which  said  company  may  be  so  delayed 
shall  be  added  to  the  time  herein  prescribed  for  the  completion  of 
said  railway  tracks.  The  city  shall,  however,  have  the  right  to  inter- 
vene in  any  suit  for  an  injunction  to  restrain  the  said  company,  as 
aforesaid,  and  move  for  the  dissolution  of  the  injunction  in  case  such 
suit  shall  be  deemed  collusive,  or  for  the  purpose  of  delay,  or  of  ex- 
tending the  time  for  the  completion  of  said  tracks. 

1 7.  Rate  of  fare — free  riders.]  § 7.  The  rate  of  fare  to  be 
charged  upon  the  line  hereby  authorized,  shall  not  exceed  five  (5) 
cents  for  one  continuous  ride  of  one  trip  for  any  distance  within  the 
present  or  future  city  limits;  Provided,  that  said  company  shall  pro- 
vide and  furnish  free  of  charge  to  passengers,  who  have  paid  fare  up- 
on said  line,  transfer  tickets  at  a point  or  points  which  may  be  agreed 
upon  by  the  mayor  and  commissioner  of  public  works  and  said  com- 


693] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1629 


pany,  permitting  such  passengers  to  ride  upon  the  street  railroad  line 
or  lines  owned,  leased,  controlled  or  operated  by  said  company  which 
intersect  the  line  hereby  authorized  at  the  points  so  designated.  And, 
in  case  said  company  and  the  mayor  and  commissioner . of  public 
works  shall  fail  to  agree  upon  the  points  at  which  transfer  tickets  shall 
be  issued,  then  the  city  council  shall  have  the  right  to  designate  such 
points  of  transfer;  and  Provided,  further,  that  no  fare  shall  be  charged 
to  policemen,  firemen  and  United  States  letter  carriers  when  in  uni- 
form. 

If  8.  Streets  restored,  when.]  § 8.  When  the  right  of  said 
railroad  company  to  operate  its  railway  on  said  street  shall  cease  and 
determine  said  company  shall  remove  the  tracks  from  the  said  street 
and  put  the  said  street  from  which  said  tracks  shall  be  removed  in  as 
good  condition  as  the  adjacent  parts  of  said  street. 

If  9.  Damages.]  § 9.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  part  of  said  street  upon  or  over  which  its  road  may  be  con- 
structed which  said  owners  may  sustain  by  reason  of  the  location  or 
construction  of  said  road. 

1’  10.  License  fee.]  § 10.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  dollars  ($50),  as  an  annual 
license  fee,  for  each  and  every  car  used  by  said  company  on  said  line 
herein  authorized,  in  the  manner  following:  In  computing  the  num- 

ber of  cars  upon  which  said  license  charge  may  be  imposed,  thirteen 
round  trips,  when  the  car  is  used  in  the  transportation  of  passengers, 
shall  be  taken  as  equivalent  to  one  day’s  use  of  one  car;  one-thirteenth 
of  such  round  trips  during  each  quarter  shall  be  divided  by  the  num- 
ber of  days  in  such  quarter;  such  quotient  shall  be  the  number  of  cars 
subject  to  such  license  fee;  Provided,  however,  that  such  cars  shall 
not  be  liable  for  the  payment  of  a license  fee  on  any  of  the  other  lines 
or  routes  of  this  company  or  its  connections.  The  president  or  other 
chief  officer  of  said  company  shall,  under  oath,  make  report  quarter- 
yearly  to  the  comptroller  of  the  city  of  Chicago  of  the  whole  number 
of  cars  so  run  by  said  company  and,  at  the  same  time,  pay  the  said 
comptroller  twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  as- 
certained as  above  prescribed  in  this  section.  The  first  quarter  shall 
begin  upon  the  first  day  upon  which  said  company  shall  run  a car  or 
cars  for  the  carriage  of  passengers. 

1 11.  Cars  to  be  heated.]  §11.  The  cars  upon  the  line 
hereby  authorized  shall  be  provided  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus,  of  a kind  and  nature  which  shall  be  reasonably  effective 
in  raising  the  temperature  in  said  car  and  heating  the  same;  and  the 
said  heating  apparatus  shall  be  operated  at  such  times,  during  the 


1630 


STREET  RAILWAYS. 


[§  694 


months  aforesaid,  as  the  nature  of  the  weather  and  degree  of  the  tem- 
perature shall  require.  And  the  cars  upon  said  tracks  herein  author- 
ized to  be  laid  shall  run  at  intervals  as  may  be  necessary  to  accommo- 
date the  public. 

1"  12.  Indemnity  clause.]  § 12.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  which  it 
may  suffer,  or  which  may  be  recovered  or  obtained  against  said  city, 
for  or  by  the  reason  of  the  granting  of  such  privileges,  or  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from,  the  exercise  by  said 
company  of  the  privileges  hereby  granted,  or  from  any  act  or 
acts  of  said  company,  its  servants  or  agents,  under  or  by  virtue  of  the 
provisions  of  this  ordinance. 

T 13.  Bond.]  § 13.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond, 
in  the  penal  sum  of  ten  thousand  dollars  ($10,000),  to  be  approved 
by  the  mayor,  for  the  faithful  observance  and  performance  of  the  pro- 
visions and  conditions  of  this  ordinance,  on  its  part  to  be  observed  and 
performed  as  aforesaid. 

1 14.  When  in  force — acceptance.]  § 14.  This  ordinance 
shall  take  effect  and-  be  in  force  as  soon  as  the  said  company  shall  file 
with  the  city  clerk  its  formal  acceptance  of  the  same  and  the  bond 
as  herein  prescribed;  Provided,  however,  that  if  said  acceptance  and 
bond  shall  not  be  filed,  as  aforesaid,  within  sixty  days  from  the  pas- 
sage hereof,  this  ordinance  shall  be  void  and  of  no  effect. 

Note. — See  following  amendatory  ordinance. 

§ 694.  West  Chicago  Street  Railroad  company. 

1.  Amending  section  7 of  foregoing  ordinance. 

Tf  2.  When  in  force. 

An  ordinance  amending  section  7 of  an  ordinance  passed  December  28,  1891, 
authorizing  the  West  Chicago  Street  Railroad  company  to  construct,  main- 
tain and  operate  a street  railway  in  Lake  street  from  Crawford  avenue  to 
Forty-eighth  street.  (Passed  January  11,  1892.) 

1"  1.  Amending  section  7 of  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  sec- 

tion 7 of  an  ordinance  granting  permission  and  authority  to  the  West 
Chicago  Street  Railroad  Company  to  construct  a street  railway  on 
Lake  street,  from  Crawford  avenue  to  Forty-eighth  street,  passed  De- 
cember 28,  1891,  be  and  the  same  is  hereby  amended  by  striking  out 
in  the  proviso  at  the  close  of  said  section  7 the  words  “to  policemen, 
firemen  or  letter  carriers  when  in  uniform,”  and  by  inserting  in  lieu 
thereof  the  words  “to  policemen  or  firemen  when  in  uniform.” 

I-  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 


§695,  695a]  WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1631 


§ 695.  West  Chicago  Street  Railroad  company. 

^f  1.  Motive  power  made  optional  on  all  lines. 

2.  Term  of  grant — acceptance. 

Tf  3.  When  in  force. 

An  ordinance  authorizing  and  empowering  the  West  Chicago  Street  Railroad 
company  and  the  North  Chicago  Street  Railroad  company  to  operate  their 
several  railroads  by  certain  motors  or  motive  powers  therein  named.  (Passed 
March  21,  1892.  Accepted  by  West  Chicago  Street  Railroad  company  March 
28,  1892.  Accepted  by  North  Chicago  Street  Railroad  company  April  6,  1892.) 

1 1.  Motive  power  made  optional  on  all  lines.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That,  in  con- 

sideration of  the  acceptance  hereof  and  the  undertaking  by  the  West 
Chicago  Street  Railroad  Company,  as  well  as  the  North  Chicago 
Street  Railroad  Company,  to  comply  with  the  provisions  and  condi- 
tions herein  contained,  permission  and  authority  are  hereby  granted 
unto  the  West  Chicago  Street  Railroad  Company  and,  also,  unto  the 
North  Chicago  Street  Railroad  Company,  and  to  their  respective  suc- 
cessors and  assigns,  to  operate  hereafter  their  several  and  respective 
lines  of  street  railroads — whether  owned  or  leased — or  any  of  said 
lines,  or  any  part  thereof,  in  the  city  of  Chicago,  by  Belgian  pattern, 
compressed  air,  gas,  electric  or  any  motor  or  motive  power  which  said 
companies,  or  either  of  them,  shall  see  fit  to  adopt  and  use;  Provided, 
however,  that  such  motor  or  motive  power  shall  be  practically  noise- 
less and,  before  using,  shall  be  approved  by  the  mayor  and  commis- 
sioner of  public  works.  In  the  event  of  electric  power  being  used, 
the  same  shall  be  placed  under  ground,  and  its  method  of  construction 
shall  first  be  approved  by  the  commissioner  of  public  works. 

1 2.  Term  of  grant— acceptance.]  § 2.  The  permission  and 
authority  hereby  granted  shall  attach  and  may  be  exercised  by  said 
companies,  or  either  of  them,  at  any  time  after  the  passage  and  accept- 
ance of  this  ordinance;  and  the  permission  and  authority  hereby  grant- 
ed shall  continue  during  the  entire  unexpired  terms  of  the  several 
ordinances  granting  to  said  respective  companies  the  right  to  operate 
street  railroads  in  the  city  of  Chicago. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  acceptance  by  the  said 
companies,  or  either  of  them;  and  the  said  acceptance  or  acceptances 
shall  be  filed  with  the  city  clerk  within  thirty  days  after  the  passage 
hereof,  otherwise  said  ordinance  shall  be  void  as  to  the  company  fail- 
ing to  file  such  acceptance. 

Note. — See  following  amendatory  ordinances. 

§ 695a.  West  Chicago  Street  Railroad  company. 

IT  i*  Motive  power — amending  foregoing  ordinance. 

If  2.  Amending  foregoing  ordinance. 

■ff  3.  When  in  force — acceptance — bond. 

If  4.  Return  circuits — cross  wires  protected. 

If  5.  Indemnity  clause. 

If  6.  Compensation. 


1632 


STREET  RAILWAYS. 


[§  695a 


An  ordinance  amending  an  ordinance  passed  March  21,  1892,  authorizing  and 
empowering  the  West  Chicago  Street  Railroad  company  and  the  North  Chi- 
cago Street  Railroad  company  to  operate  their  several  railroads  by  certain 
motors  or  motive  powers  therein  named.  (Passed  April  30,  1894.  Accepted 
by  North  Chicago  Street  Railroad  company  and  West  Chicago  Street  Rail- 
road company  May  14,  1894.) 

IT  1-  Motive  power— amending  foregoing  ordinance.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  sec- 

tion 1 of  an  ordinance,  passed  by  the  city  council  of  the  city  of  Chi- 
cago March  1st,  1892,  authorizing  and  empowering  the  West  Chi- 
cago Street  Railroad  Company  and  the  North  Chicago  Street  Rail- 
road Company  to  operate  their  several  railroads  by  certain  motors  or 
motive  powers,  therein  named,  be  and  said  section  1 of  said  ordinance 
is  hereby  amended  by  striking  out  the  words  “Belgian  pattern”  and, 
also,  the  word  “gas”  in  the  enumeration  of  said  motors  and  motive 
powers,  and,  also,  by  striking  out  the  last  clause  in  said  section  1, 
which  reads  as  follows:  “In  event  of  electric  power  being  used,  the 

same  shall  be  placed  under  ground  and  its  method  of  construction 
shall  first  be  approved  by  the  commissioner  of  public  works;”  and 
substituting  in  place  of  said  clause  and  adding  to  said  section  1 the 
following:  If  electric  power  shall  be  used  by  means  of  overhead  con- 
tact wires,  such  overhead  wires,  together  with  the  necessary  feed  wires, 
may  be  suspended  from  poles  set  within  the  curb  limits  of  the  street 
on  either  side  thereof,  or  from  bracket  poles  placed  in  the  center  of 
the  street  along  such  line  or  route,  the  placing  of  said  poles  to  be  de- 
termined by  the  mayor  and  commissioner  of  public  works  and  said 
poles  to  be  of  ornamental  iron  or  steel  and  of  such  construction  and 
design  as  the  mayor  and  commissioner  of  public  works  may  approve. 
Said  poles  and  feeder  wires  shall  be  suspended  not  less  than  eighteen 
and  a half  (18^)  feet  above  the  rails  and  the  said  poles  and  supports 
shall  be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen 
(115)  feet  apart.  No  poles  shall  be  set  at  the  intersection  of  streets 
and  alleys.  Such  poles  and  wires  to  be  erected  and  maintained  tor 
the  purpose  of  supplying  electric  current  which  can  be  used  for  power, 
heat  and  light  purposes;  and,  with  the  right  to  connect  the  wires  herein 
authorized  with  the  generator  or  power  station  or  any  station  or  car 
house  in  connection  with  said  railroad  or  railroads,  or  with  any  power 
house  or  station  along  any  line  or  lines  of  railroad  of  said  companies, 
or  either  of  them,  used  by  either  in  connection  with  its  cable,  horse  or 
electric  system;  and  said  companies  may  convey  said  wires  from  such 
power  house  or  station  to  the  lines  of  wires  hereby  authorized  upon 
poles  placed  upon  or  along  the  alleys  of  the  city,  or,  whenever  in  the 
judgment  of  the  commissioner  of  public  works  it  shall  be  impractica- 
ble to  place  such  poles  in  alleys,  he  may,  for  the  purpose  above  men- 
tioned, permit  to  be  placed  in  streets  ornamental  iron  or  steel  poles  of 
such  design  and  construction  as  he  may  approve;  or  said  companies 
may,  if  the  mayor  and  commissioner  of  public  works  consent  thereto, 
convey  said  connecting  wires  in  an  underground  conduit  through  the 


695a] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1633 


streets  or  alleys  of  the  city  of  Chicago,  which  conduit  shall  be  used 
by  the  companies  for  the  purpose  herein  set  forth  only.  Before  mak- 
ing any  excavation  or  in  any  wise  interfering  with  the  surface  of  any 
street  or  alley  said  companies  shall  obtain  from  the  commissioner  of 
public  works  a permit  therefor  and  shall,  also,  deposit  with  the  treas- 
urer of  the  city  of  Chicago  a sum  sufficient  to  cover  the  cost  of  restor- 
ing such  street  or  alley  according  to  an  estimate  of  the  probable  cost 
thereof  to  be  made  by  the  commissioner  of  public  works  in  each  case; 
Provided,  however,  that  no  overhead  contact  wires  shall  be  erected  on 
any  of  the  lines  of  the  said  North  Chicago  Street  Railroad  Company 
or  the  West  Chicago  Street  Railroad  Company,  or  any  lines  owrned  or 
leased  by  the  said  companies  hereinbefore  named  which  are  located  in 
the  district  bounded  by  the  Chicago  river  on  the  north,  the  south 
branch  of  the  Chicago  river  on  the  west,  Lake  Michigan  on  the  east, 
and  the  north  side  of  Twelfth  street  on  the  south;  and,  provided,  fur- 
ther, that  no  overhead  contact  wires  shall  be  located  on  that  part  of 
any  street  or  streets  where  the  said  North  Chicago  Street  Railroad 
Company  or  the  West  Chicago  Street  Railroad  Company,  or  any  rail- 
road owned  or  leased  by  said  companies  hereinbefore  named,  are  now 
operating  its  railroad  by  cable  power,  nor  upon  any  street  where  an 
elevated  railroad  is  now  constructed,  and  all  wires  and  conductors  for 
the  transmission  of  electricity  in  and  along  the  street  shall  be  con- 
structed in  a substantial  and  workmanlike  manner,  and  under  the 
supervision  of  the  commissioner  of  public  works,  so  as  to  interfere  as 
little  as  posible  with  the  public  travel.  The  permission  and  authority 
hereby  granted  shall  continue  during  the  entire  unexpired  terms  of  the 
several  ordinances  granting  to  said  respective  companies  the  right  to 
operate  street  railroads  in  the  city  of  Chicago;  provided,  further,  that 
said  railroad  companies  shall  carry  free  of  charge  on  all  cars  operated 
by  them,  the  city  police  and  firemen. 

1 2.  Amending  foregoing  ordinance.]  § 2.  That  said  ordi- 
nance of  March  21st,  1892,  be,  and  the  same  is  further  amended,  by 
adding  to  said  ordinance  the  following  sections,  to  be  known  as  sec- 
tions 4,  5 and  6 of  said  ordinance,  to-wit: 

T 4.  Return  circuits— cross  wires  protected.]  § 4.  Said 
companies  shall  establish  and  maintain  a metallic  return  circuit  con- 
ductor, independent  of  their  rails,  upon  all  the  lines  of  street  railroad 
hereby  authorized  to  be  operated  by  electric  overhead  contact  wires. 
Wherever  other  lines  of  wires  cross  the  wires,  to  be  strung  by  virtue 
of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires  or 
other  suitable  mechanical  device,  as  may  be  directed  by  the  commis- 
sioner of  public  works. 

T 5.  Indemnity  clause — bond.]  § 5.  Each  of  said  companies 
shall  forever  indemnify  and  save  harmless  the  city  of  Chicago  against 
and  from  any  and  all  damages,  judgments,  decrees  and  costs  and  ex- 
penses which  said  city  may  suffer,  or  which  may  be  recoverable  or 
obtained  against  said  city,  for  or  by  reason  of  the  granting  of  the 

103 


1634 


STREET  RAILWAYS. 


[§  695^ 


privileges  hereby  conferred  upon  them  respectively,  or  for  or  by  reason 
of,  or  growing  out  of,  or  resulting  from  the  exercise  by  said  companies, 
respectively,  of  the  privileges  hereby  granted,  or  from  any  act  or  acts 
of  said  companies,  respectively,  their  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance,  and  each  of  said  companies 
shall,  within  the  time  limited  for  the  acceptance  of  this  ordinance,  file 
with  the  city  clerk  a bond  to  the  city  of  Chicago  in  the  penal  sum  of 
fifty  thousand  dollars  ($50,000),  with  sureties  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  conditioned  upon  the  faithful  perform- 
ance and  observance  by  said  companies,  respectively,  of  all  the  condi- 
tions and  provisions  of  this  ordinance. 

Tf  6.  Compensation.]  § 6.  That,  for  and  in  consideration'  of 
the  privileges  herein  granted  by  the  city  of  Chicago  to  said  companies, 
the  said  North  Chicago  Street  Railroad  Company  and  the  said  West 
Chicago  Street  Railroad  Company,  agree  to  jointly  pay  to  the  city  of 
Chicago  the  sum  of  ten  thousand  dollars  ($10,000)  at  the  expiration 
of  the  first  year  after  the  passage  of  this  ordinance;  the  sum  of  fifteen 
thousand  dollars  ($15,000)  at  the  expiration  of  the  second  year  after 
the  passage  of  this  ordinance;  the  sum  of  twenty  thousand  dollars 
($20,000)  at  the  expiration  of  the  third  year  after  the  passage  of  this 
ordinance,  and  the  sum  of  twenty-five  thousand  dollars  ($25,000)  at 
the  expiration  of  the  fourth  year,  and,  also,  at  the  expiration  of  every 
following  year,  after  the  passage  of  this  ordinance,  said  sums  to  be 
used  by  the  city  of  Chicago  for  extending  its  electric  light  system;  and 

Whereas,  judgments  for  land  damages,  occasioned  by  the  erection 
of  the  Dearborn  street  bridge  and  the  building  of  the  Dearborn  street 
viaduct  have  been  recovered  against  the  city  of  Chicago,  in  the 
amounts  and  at  the  dates  hereinafter  enumerated;  and  whereas,  the 
city  of  Chicago  claims  that  the  North  Chicago  Street  Railroad  Com- 
pany is  liable  to  hold  the  said  city  harmless  against  said  judgments, 
which  claim,  however,  is  denied  by  said  company;  now,  therefore,  in 
consideration  of  the  privileges  of  this  ordinance  conferred  upon  the 
said  North  Chicago  Street  Railroad  Company,  it  agrees  to  pay  to  the 
city  of  Chicago,  within  thirty  (30)  days  after  the  passage  of  this  ordi- 
nance, the  amount  of  said  various  judgments  with  the  legal  rate  of 
interest  from  the  time  of  the  recovery  of  the  same  respectively.  Said 
judgments  are  as  follows:  A judgment  in  favor  of  one  Williams  for 
$20,000,  recovered  October  30th,  1891,  in  the  circuit  court  of  Cook 
county.  A judgment  in  favor  of  one  Espert  for  $4,000,  recovered  on 
July  6th,  1891,  in  the  circuit  court  of  Cook  county.  A judgment  in 
favor  of  one  Sawyer  for  $1,400,  recovered  December  7th,  1889,  *n  the 
circuit  court  of  Cook  county.  A judgment  in  favor  of  one  Maltman 
for  $726,  recovered  on  April  24th,  1889,  in  the  superior  court  of  Cook 
county.  A judgment  in  favor  of  one  Pirtle  for  $4,000,  recovered  on 
January  nth,  1892,  in  the  United  States  circuit  court.  And  the  West 
Chicago  Street  Railroad  Company,  in  consideration  of  the  privileges 
conferred  by  this  ordinance  upon  it,  by  the  acceptance  of  this  ordi- 


§695^,  695c]  WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1635 


nance,  shall  be  held  to  have  agreed  to  guarantee  the  payment  by  the 
said  North  Chicago  Street  Railroad  Company  to  the  city  of  Chicago 
of  the  amounts  of  said  several  judgments,  with  legal  interest  as  above 
provided. 

T 3.  When  in  force— acceptance — bond.]  § 3.  This  ordi- 

nance shall  take  effect  and  be  in  force  as  to  both  of  said  companies 
and  all  lines  operated  by  them,  whether  leased  or  owned  by  them, 
from  and  after  its  passage  and  acceptance  and  the  filing  of  the  bond 
hereinabove  provided  within  thirty  days  after  the  passage  thereof; 
otherwise  this  ordinance  shall  be  void  as  to  the  company  failing  to  file 
such  acceptance  and  bond. 

Note. — See  following  amendatory  ordinance. 

§ 695b.  West  Chicago  Street  Railroad  company. 

1.  Amending  section  i of  foregoing  ordinance. 

2.  When  to  take  effect. 

An  ordinance  amending  section  i of  an  ordinance  passed  April  30,  1894,  amend- 
ing an  ordinance  passed  March  21,  1892,  authorizing  and  empowering  the 
West  Chicago  Street  Railroad  company  and  the  North  Chicago  Street  Rail- 
road company  to  operate  their  several  railroads  by  certain  motors  or  motive 
powers  therein  named.  (Passed  May  7,  1894.  Accepted  by  the  North  Chi- 
cago Street  Railroad  company  and  the  West  Chicago  Street  Railroad  com- 
pany June  5,  1894.) 

If  1.  Amending  section  1 of  foregoing  ordinance.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  sec- 

tion 1 of  an  ordinance  passed  by  the  city  council  of  the  city  of  Chicago 
April  30th,  1894,  amending  an  ordinance  passed  by  the  city  council  of 
the  city  of  Chicago  March  21st,  1892,  be  and  the  said  section  1 of  said 
amendatory  ordinance  is  hereby  amended  by  striking  out  the  follow- 
ing words,  “nor  upon  any  street  where  an  elevated  railroad  is  now 
constructed,”  said  words  occurring  between  the  word  “power”  and 
the  word  “and”  in  said  section  1 of  said  amendatory  ordinance. 

If  2.  When  to  take  effect.]  § 2.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

§ 695  c.  West  Chicago  Street  Railroad  company. 

1.  Amending  section  1 of  preceding  ordinance. 

If  2.  When  to  take  effect. 

An  ordinance  amending  section  1 of  an  ordinance  passed  April  30,  1894,  amend- 
ing an  ordinance  passed  March  21,  1892,  authorizing  and  empowering  the 
West  Chicago  Street  Railroad  company  and  the  North  Chicago  Street  Rail- 
road company  to  operate  their  several  railroads  by  certain  motors  or  motive 
powers  therein  named.  (Passed  May  7,  1894.) 

1 1.  Amending  section  1 of  preceding  ordinance.  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  section 

1 of  an  ordinance  passed  by  the  city  council  of  the  city  of  Chicago 
April  30th,  1894,  amendatory  of  an  ordinance  of  March  21st,  1892, 
be  and  the  same  is  hereby  amended  by  adding  the  words  “in  uniform” 


1636 


STREET  RAILWAYS. 


[§  696 


at  the  end  of  the  last  proviso  in  said  section  1 of  said  amendatory  ordi- 
nance, so  that  said  proviso  shall  read  as  follows:  “Provided,  further, 

that  said  railroad  companies  shall  carry  free  of  charge  on  all  cars 
operated  by  them  the  city  police  and  firemen  in  uniform.” 

1 2.  When  to  take  effect.]  § 2.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

§ 696.  West  Chicago  Street  Railroad  company. 

If  1.  Grant — connections. 

If  2.  Route. 

IF  3»  Tracks,  how  laid. 

If  4-  Improvements  and  street  repairs. 

TT  5*  Time  for  completion. 

If  6.  Motive  power — subject  to  approval. 

IT  7.  Cable  or  electricity — terms  and  conditio 
*lf  8.  Style  of  cars — heating  of. 

IT  9.  Rate  of  fare — transfers. 

^f  10.  Indemnity  clause. 

If  11.  License  fee. 

^ 12.  Bond. 

nf  13.  Grant  20  years. 

•ff  14.  Part  of  former  ordinance  repealed, 
nf  15-  When  to  take  effect. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  com- 
pany to  lay  down,  maintain  and  operate  a street  railroad  in  certain  streets 
therein  mentioned.  (Passed  March  21,  1892.  Accepted  March  28,  1892.) 

1 1.  Grant— connections.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  accept- 

ance hereof  and  the  undertaking  of  the  West  Chicago  Street  Railroad 
Companv  to  comply  with  the  provisions  hereinafter  contained,  permis- 
sion and  authority  are  hereby  granted  and  duly  vested  in  said  West 
Chicago  Street  Railroad  Company,  its  successors  and  assigns,  to  lay 
down,  maintain  and  operate  a singld  or  double  track  street  railroad, 
with  all  necessary  and  convenient  turn-outs,  side-tracks  and  switches, 
in  and  along*  the  course  of  certain  streets  in  the  city  of  Chicago,  here- 
inafter mentioned,  and  to  connect  at  any  and  all  street  intersections 
any  track  or  tracks  hereby  authorized  to  be  laid  with  the  track  or 
tracks  of  any  railroad  owned,  leased  or  operated  by  said  company; 
and  to  operate  upon  said  street  railroad,  hereby  authorized,  railway 
cars  and  carriages,  in  the  manner  and  for  the  time  and  upon  the  condi- 
tions hereinafter  prescribed. 

If  2.  Route.]  § 2.  The  said  West  Chicago  Street  Railroad 
Company  is  hereby  authorized  to  lay  a double  track  street  railroad  in 
and  along  the  course  of  the  following  streets:  On  Ashland  avenue, 

between  Blue  Island  avenue  and  Twelfth  street;  and  also  on  said  Ash- 
land avenue,  between  West  Lake  street  and  West  Erie  street;  and 
on  Paulina  street,  between  Twelfth  street  and  Lake  street;  Provided, 
however,  that  said  railroad  company  shall  pay  the  cost  of  setting  the 
curb  back  a distance  of  four  (4)  feet  on  both  sides  of  Paulina  street, 
from  Madison  street  to  Polk  street,  and  place  said  street  in  as  good 


§ 696] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1637 


condition  and  repair  as  before  said  curb  was  removed,  whenever  it 
shall  be  ordered  so  to  do  by  the  commissioner  of  public  works  of  the 
city  of  Chicago;  also  on  Robey  street,  between  Blue  Island  avenue 
and  Milwaukee  avenue;  also  on  Western  avenue,  between  Twenty- 
sixth  street  and  Twelfth  street;  and  also  on  Western  avenue,  between 
Harrison  street  and  Van  Buren  street;  also  on  Western  avenue,  be- 
tween West  Lake  street  and  Milwaukee  avenue;  also  on  Milwaukee 
avenue,  between  Armitage  avenue  and  Lawrence  avenue;  also  on  Ked- 
zie  avenue,  between  Twelfth  street  and  West  Madison  street;  also  on 
Colorado  avenue,  between  Madison  street  and  West  Forty-eighth 
street;  also  on  West  Chicago  avenue,  between  California  avenue  and 
the  intersection  of  Chicago  avenue  with  Grand  avenue,  and  thence  on 
Grand  avenue,  between  the  intersection  of  Grand  avenue  with  Chicago 
avenue  and  Crawford  avenue;  also  on  Grand  avenue,  between  Indiana 
street  and  Chicago  avenue;  also  on  Eighteenth  street,  between  State 
street  and  Halsted  street;  also  on  Fourteenth  street,  between  Canal 
street  and  Robey  street;  also  on  State  street,  between  Madison  street 
and  Washington  street,  with  a single  track,  connecting  said  single 
track  with  the  respective  tracks  on  Madison  street  and  Washington 
street;  Provided,  however,  that  in  the  event  of  State  street  being  used 
the  westerly  track  now  laid  upon  said  State  street  shall  be  used  and 
no  additional  tracks  shall  be  laid  upon  said  State  street,  between  Madi- 
son and  Washington  streets;  also  on  Dearborn  street,  between  Van 
Buren  street  and  Adams  street,  with  a single  track,  connecting  said 
single  track  with  the  respective  tracks  on  Van  Buren  street  and  on 
Adams  street;  Provided,  that  nothing  therein  contained  shall  author- 
ize or  be  held  to  authorize  the  occupation  of  Dearborn  street,  be- 
tween Van  Buren  and  Adams  streets,  with  more  than  two  railroad 
tracks  altogether,  or  to  authorize  the  said  West  Chicago  Street  Rail- 
way Company  to  lay  down  or  operate  any  additional  track  in  said 
street,  between  Van  Buren  and  Adams  streets,  so  long  as  the  present 
two  tracks  now  laid  thereon  shall  remain ; Provided,  further,  that  said 
company  shall  have  the  option  to  first  lay  a single  track  on  Robey 
street,  between  Chicago  avenue  and  North  avenue,  and  that  if,  at  any 
time  during  the  life  of  this  ordinance,  said  company  shall  see  fit  to 
lay  a double  track  on  said  Robey  street,  between  said  Chicago  avenue 
and  North  avenue,  said  company  may  do  so;  but,  upon  the  condition 
that  said  company  shall,  in  event  of  laying  such  double  track,  at  its 
sole  cost  and  expense,  remove  the  curb  on  either  side  of  said  Robey 
street,  between  the  points  above  mentioned,  four  feet  on  either  side  of 
said  street  and  pave  said  four  feet  space  on  either  side  of  said  street, 
as  well  as  the  space  between  the  tracks,  with  wooden  blocks,  the  work 
to  be  done  to  the  satisfaction  of  and  under  the  supervision  of  the  com- 
missioner of  public  works. 

1 3.  Tracks,  how  laid.]  § 3.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street  and  shall  be  con- 
structed with  modern  improved  rails  and  so  laid  that  vehicles  may 


1638 


STREET  RAILWAYS. 


freely  and  safely  cross  the  said  tracks;  and,  when  two  tracks  are  laid 
in  the  same  street,  the  said  tracks  shall  be  laid  parallel  as  near  as  prac- 
ticable; Provided,  however,  that  the  rails  to  be  used  on  the  tracks 
herein  authorized  shall  only  be  such  as  have  been  first  approved  by  the 
commissioner  of  public  works,  and  that  the  location  of  the  tracks  and 
other  apparatus  or  works  in  or  under  the  streets,  hereby  authorized, 
shall  be  subject  to  the  direction  and  approval  of  the  commissioner  of 
public  works.  Section  1509  of  the  Municipal  Code  of  Chicago  of 
1881  shall  not  apply  to  the  railroad  tracks  herein  authorized. 

1 4.  Improvements  and  street  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  several 
railways  shall  be  laid,  shall  keep  eight  feet  in  width  where  a single 
track  shall  be  laid  and  sixteen  feet  in  width  where  a double  track  shall 
be  laid  in  good  condition  and  repair,  during  all  of  the  time  to  which 
the  privileges  hereby  granted  shall  extend,  in  accordance  with  such 
ordinances  or  regulations  as  shall  be  passed  or  adopted  by  the  city 
council  in  relation  to  such  repairing;  and  when  any  new  improvements 
shall  be  ordered  by  the  city  council  of  said  part  of  said  street,  said 
railway  company  shall,  in  the  manner  which  may  be  required  of  the 
owners  of  property  fronting  on  said  part  of  said  street,  make  such  new 
improvement  for  the  width  of  eight  feet  where  a single  track  shall  be 
laid,  and  of  sixteen  feet  where  a double  track  shall  be  laid,  and  if  said 
company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by  the 
city  and  the  company  shall  be  liable  to  the  city  for  the  cost  thereof; 
Provided,  however,  that  said  company  shall  pay  the  owner  or  owners 
of  property  abutting  on  streets  where  such  tracks  shall  be  laid  the  cost 
of  the  improvement  of  eight  feet  in  width  where  a single  track  shall  be 
laid,  and  sixteen  feet  in  width  where  a double  track  shall  be  laid,  on  all 
such  streets  that  have  been  improved  within  the  past  year. 

T 5.  Time  for  completion.]  § 5.  The  several  railways  here- 
by authorized  shall  be  completed  within  twelve  months  after  the  pass- 
age of  this  ordinance,  not  counting  the  months  of  December,  January, 
February  and  March;  Provided,  however,  that  the  tracks  hereby  au- 
thorized to  be  laid  shall  be  laid  in  the  unimproved  streets  within  six 
months  after  the  sewer  and  water  pipes  and  their  connections  shall 
have  been  laid  in  such  unimproved  streets  and,  at  the  same  time,  when 
the  paving  shall  be  done  in  every  such  unimproved  street;  and,  pro- 
vided further,  that  if  said  company  shall  be  delayed  by  the  order  or 
injunction  of  any  court  the  time  of  such  delay  shall  be  deducted  from 
the  time  above  prescribed;  Provided,  however,  that  counsel  for  the 
city  of  Chicago  may  intervene  in  any  suit  in  which  any  injunction  or 
restraining  order  may  issue  or  be  entered  and  may  move  for  its  dis- 
solution or  dismissal. 

1 6.  Motive  power — subject  to  approval.]  § 6.  The  cars 

to  be  used  upon  the  tracks  hereby  authorized  may  be  operated  with 
animal  power,  or  cable  or  electric  power,  or  with  such  other  practically 


§ 696] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1639 


noiseless  motor  or  power  as  shall  be  approved  by  the  mayor  and  com- 
missioner of  public  works.  In  the  event  of  electric  power  being  used, 
the  same  shall  be  placed  under  ground. 

1 7.  Cable  or  electricity  — terms  and  conditions.]  § 7. 
When  said  cars  shall  be  operated  by  cable  or  electric  power,  said  com- 
pany may  make  all  needful  and  convenient  curves,  trenches,  excava- 
tions and  sewer  connections,  and  may  place  all  needful  and  convenient 
cables,  wires  and  conductors  for  the  transmission  of  electricity  and 
machinery  in  or  along  said  street;  such  cables,  wires  and  conductors 
and  machinery  to  be  under  ground  and  constructed  in  a substantial 
and  workmanlike  manner,  and  under  the  supervision  of  the  commis- 
sioner of  public  works,  so  as  not  to  interfere  with  the  public  travel; 
Provided,  that  if  in  the  construction  of  said  trenches  and  excavations 
any  damage  or  injury  shall  result  to  any  of  the  sewers,  water  pipes  or 
private  drains  or  other  pipes,  conduits  or  works  belonging  to  or  used 
by  the  city  of  Chicago,  then  said  company  shall  be  held  liable  and  pay 
therefor.  If  at  any  time,  by  reason  of  the  permission  hereby  granted, 
and  the  making  of  such  trenches  and  the  running  of  such  cables, 
wires  and  conductors,  or  the  construction  or  operation  of  said  road, 
under  any  system  of  motive  power,  any  injury  or  damage  shall  result 
to  any  person  or  property,  then  said  company  shall  be  liable  therefor. 
And  nothing  in  this  ordinance  contained  shall  be  held  to  authorize 
the  said  West  Chicago  Street  Railroad  Company,  its  successors  or 
assigns,  to  inflict  upon  or  cause  to  the  works  of  [or]  the  property  of 
any  other  company  or  person  any  damage  or  injury  without  paying 
therefor,  or  to  revoke  any  existing  rights  or  privileges  of  any  such 
company  or  person.  All  needful  and  convenient  connections  with  the 
motive  power  or  engines  shall  be  subject  to  the  same  restrictions.  The 
aperture  opening  into  said  trenches,  where  cable  or  electric  power  is 
used,  shall  not  exceed  five-eighths  of  an  inch  in  width,  and,  in  case 
said  road  shall  be  operated  by  cable  or  electric  power,  said  company 
may  operate  not  exceeding  three  cars  and  one  grip  car  attached  to- 
gether, with  one  conductor  in  charge  of  each  car. 

T 8.  Style  of  cars— heating  of.]  § 8.  The  cars  to  be  used 
on  said  several  railways  shall  be  of  the  best  style  and  class  now  in  use; 
and  they  shall  not  be  used  for  any  purpose  other  than  to  transport  pas- 
sengers and  their  ordinary  baggage  and  shall  be  provided,  during  the 
months  of  November,  December,  January,  February  and  March  of 
each  year,  with  heating  apparatus,  of  a kind  and  nature  which  shall  be 
reasonably  effective  in  raising  the  temperature  in  said  car  and  heating 
the  same;  and  the  said  apparatus  shall  be  operated  at  such  times  dur- 
ing the  said  months  aforesaid  as  the  nature  of  the  weather  and  the 
degree  of  temperature  shall  require. 

IT  9.  Rate  of  fare— transfers.]  § 9.  The  rate  of  fare  for  any 
continuous  ride  shall  not  exceed  five  cents  for  each  passenger,  except 
when  the  cars  or  carriages  shall  be  chartered  for  special  purposes;  and 
transfers  shall  be  given  on  all  north  and  south  lines  with  such  connect- 


1640 


STREET  RAILWAYS. 


[§  696 


ing  or  cross  lines  at  such  points  as  shall  be  agreed  upon  between  the 
mayor  and  the  said  company.  If  the  mayor  and  said  company  can 
not  agree  upon  the  transfers  to  be  given,  then  any  judge  of  a court  of 
record  in  Cook  county  may  be  asked  to  adjust  such  question  of  differ- 
ence, and  the  decision  of  such  judge  of  a court  of  record  shall  be  final 
and  binding  upon  the  mayor  and  said  company. 

T 10.  Indemnity  clause.]  § 10.  The  said  company  shall  for- 
ever indemnify  and  keep  harmless  the  city  of  Chicago  against  and 
from  any  and  all  legal  damages,  judgments,  decrees  and  costs  and  ex- 
penses of  the  same  which  it  may  suffer,  or  which  may  be  recovered  or 
obtained  against  the  said  city,  for  or  by  reason  of,  or  growing  [out] 
of,  or  resulting  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance. 

T 11.  License  fee.]  §11.  The  said  West  Chicago  Street 
Railroad  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  dollars,  as  an  annual 
license  fee,  for  each  and  every  car  used  by  said  company,  in  the  man- 
ner following:  In  computing  the  number  of  cars,  upon  which  said 

license  charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is 
used  for  the  transportation  of  passengers,  shall  be  taken  as  an  equiva- 
lent to  one  day’s  use  of  one  car;  one-thirteenth  of  such  round  trips 
during  each  quarter  shall  be  divided  by  the  number  of  days  in  such 
quarter,  such  quotient  shall  be  the  number  of  cars  subject  to  license 
fee;  Provided,  however,  that  such  cars  shall  not  already  be  liable  for 
the  payment  of  a license  fee  on  one  of  the  other  lines  of  this  company 
or  its  connections.  The  president  or  other  chief  officer  of  said  com- 
pany shall,  under  oath,  make  report  quarter  yearly  to  the  comptroller 
of  the  city  of  Chicago  of  the  whole  number  of  cars  so  run  by  said 
company  and,  at  the  same  time,  pay  to  said  comptroller  twelve  dollars 
and  a half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed 
in  this  section.  The  first  quarter  shall  begin  on  the  first  day  upon 
which  said  company  shall  run  a car  or  cars  on  said  several  railways, 
for  the  carriage  of  passengers. 

T 12.  Bond.]  § 12.  The  said  West  Chicago  Street  Railroad 
Company  shall  execute  to  the  city  of  Chicago  a good  and  sufficient 
bond  in  the  penal  sum  of  fifty  thousand  ($50,000)  dollars,  to  tie  ap- 
proved by  the  mayor,  conditioned  for  the  faithful  observance  and  per- 
formance of  the  conditions  and  provisions  of  this  ordinance,  on  its  part 
to  be  performed  and  observed. 

T 13.  Grant  twenty  years.]  § 13.  All  of  the  rights  and  privi- 
leges hereby  granted  to  and  conferred  upon  the  said  West  Chicago 
Street  Railroad  Company,  its  successors  and  assigns,  or  intended  so  to 
be,  shall  continue  and  be  in  force  for  the  full  term  and  period  of  twenty 
years  from  and  after  the  passage  of  this  ordinance. 

1 14.  Part  of  former  ordinance  repealed.]  § 14.  That  so 
much  of  section  5,  composed  of  the  following  words:  “Provided,  that 


§ 696] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1011 


said  company  shall  also  permit  its  tracks  on  said  Dearborn  street  to 
be  used  by  the  Chicago  City  Railway  Company,”  and  which  said 
words  occur  in  section  5 of  an  ordinance  passed  March  14th,  1887, 
granting  to  the  North  Chicago  Street  Railroad  Company  the  right  to 
construct  and  operate  a street  railroad  on  Dearborn  street  and  other 
streets  be  and  the  same  is  hereby  repealed. 

T 15.  When  to  take  effect.]  § 15.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  filing  of  the  bond 
aforesaid  and  acceptance  by  said  company;  Provided,  however,  that  if 
said  bond  and  acceptance  by  said  company  shall  not  be  filed  with  the 
city  clerk  within  sixty  days  after  the  passage  hereof,  then  all  of  the 
rights  and  privileges  herein  granted  shall  be  void  and  of  no  effect. 

Note. — See  following  agreement. 

AGREEMENT  BET  WEEN  THE  WEST  CHIC  AG  O STREET  RAILRO  AD 
COMPANY  AND  THE  CITY  OF  CHICAGO,  DATED  MARCH  25,  1892, 
PRESENTED  TO  THE  CITY  COUNCIL  BY  THE  MAYOR  AND  RATI- 
FIED AND  CONFIRMED  MARCH  29,  1892. 

Articles  of  agreement  made  and  entered  into  this  25th  day  of  March,  A.  D. 
1892,  by  and  between  the  West  Chicago  Street  Railroad  Company,  a corpora- 
tion under  the  laws  of  the  State  of  Illinois,  party  of  the  first  part,  and  the  city 
of  Chicago,  a municipal  corporation,  party  of  the  second  part:  Witnesseth: 

That  whereas,  heretofore  on,  to-wit,  the  21st  day  of  March,  A.  D.  1892,  the 
city  council  of  the  city  of  Chicago  passed  a certain  ordinance  granting  said 
railroad  company  the  right  to  lay  down,  maintain  and  operate  a single  or 
double  street  railroad  track  upon  certain  streets  in  said  ordinance  designated, 
viz.:  On  Ashland  avenue,  between  Blue  Island  avenue  and  Twelfth  street; 
and,  also,  on  said  Ashland  avenue,  between  West  Lake  street  and  West 
Erie  street;  and  on  Paulina  street,  between  Twelfth  street  and  Lake  street; 
also,  on  Robey  street,  between  Blue  Island  avenue  and  Milwaukee  avenue; 
also  on  Western  avenue,  between  Twenty-sixth  street  and  Twelfth  street; 
and,  also,  on  Western  avenue,  between  Harrison  street  and  Van  Buren  street; 
also,  on  Western  avenue  between  West  Lake  street  and  Milwaukee  avenue; 
also,  on  Milwaukee  avenue,  between  Armitage  avenue  and  Lawrence  avenue; 
also,  on  Kedzie  avenue,  between  Twelfth  street  and  “West  Madison  street;  also, 
on  Colorado  avenue,  between  Madison  street  and  West  Forty-eighth  street; 
also,  on  West  Chicago  avenue,  between  California  avenue  and  the  intersec- 
tion of  Chicago  avenue  with  Grand  avenue,  and  thence  on  Grand  avenue, 
between  the  intersection  of  Grand  avenue  with  Chicago  avenue  and  Craw- 
ford avenue;  also,  on  Grand  avenue,  between  Indiana  street  and  Chicago 
avenue;  also,  on  Eighteenth  street,  between  State  street  and  Halsted  street; 
also,  on  Fourteenth  street,  between  Canal  street  and  Robey  street;  also,  on 
State  street,  between  Madison  street  and  Washington  street.  And,  whereas, 
said  street  railroad  company  is  desirous  that  the  mayor  of  the  city  of  Chicago 
shall  sign  said  ordinance  so  that  the  same  may  become  binding  on  said  city. 
Now,  therefore,  in  consideration  of  the  payment  of  one  dollar  ($1.00)  made 
by  said  party  of  the  second  part  to  the  said  party  of  the  first  part,  the  re- 
ceipt whereof  is  hereby  acknowledged,  said  West  Chicago  Street  Railroad 
Company  hereby  undertakes  and  agrees  in  addition  and  supplemental  to  the 
undertakings  and  agreements  in  said  ordinance  on  its  part,  that  whenever 
it  shall  desire  to  put  in  more  than  one  track  in  any  of  the  said  streets  in  said 
ordinance  named,  or  in  any  portion  of  any  one  of  said  streets  where  the  im- 
proved and  paved  portion  of  said  streets  respectively  is  30  feet  in  width,  or 


1642 


STREET  RAILWAYS. 


[§  697 


less,  it  will  set  back  the  curbs  four  feet  on  either  side  of  such  street,  and 
said  company  agrees  to  improve  the  space  thus  added  in  the  same  manner 
as  said  streets  respectively  are  now  improved  and  to  leave  the  whole  of  said 
streets  between  the  curb  walls  in  as  good  condition  as  any  portion  thereof  is 
before  such  curb  walls  shall  be  removed.  All  of  said  work  to  be  done 
promptly  and  under  the  direction  of  the  commissioner  of  public  works  of  the 
city  of  Chicago  and  at  the  sole  expense  of  the  said  West  Chicago  Street  Rail- 
road Company.  In  witness  whereof,  the  said  party  of  the  first  part  has 
caused  these  presents  to  be  signed  by  the  president  of  its  board  of  directors 
and  attested  by  its  corporate  seal;  and  the  party  of  the  second  part  has  caused 
the  same  to  be  signed  by  its  mayor  and  city  clerk  and  attested  by  its  cor- 
porate seal. 

Attest  by 

WEST  CHICAGO  STREET  RAILWAY  COMPANY, 

OHAS.  T.  YERKES,  President. 

R.  C.  CRAWFORD,  Secretary. 

HEMPSTEAD  WASHBURNE. 

Mayor  of  the  City  of  Chicago. 

Attest  by 

JAS.  R.  B.  VAN  CLEAVE,  City  Clerk. 

§ 697.  West  Chicago  Street  Railroad  company. 


IF 

1. 

Gran  t — term — route . 

IT 

2. 

Motive  power — passenger  service. 

nr 

3- 

Cable  power — conditions. 

IF 

4- 

Street  improvements  and  repairs. 

IF 

5- 

Tracks,  how  laid. 

nr 

6. 

Time  of  completion. 

IF 

7. 

Rate  of  fare. 

«rr 

8. 

Streets  restored. 

IF 

9- 

Damages. 

IF 

10. 

License  fee. 

nr 

11. 

Cars  to  be  heated. 

m 

12. 

Indemnity  clause. 

nr 

13. 

Bond. 

IF 

14. 

When  to  take  effect. 

An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  con- 
struct, maintain  and  operate  a street  railway  in  Crawford  avenue  between 
North  avenue  and  Grand  avenue.  (Passed  July  21,  1892.  Accepted  Julv 
28,  1892.) 

f 1.  Grant— term— route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  accept- 

ance hereof  and  the  undertaking  of  the  West  Chicago  Street  Railroad 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate  until 
twenty  years  from  the  date  of  the  passage  of  this  ordinance,  a double 
track  street  railway,  with  all  necessary  and  convenient  turnouts  and 
switches,  in,  upon,  over  and  along  Crawford  avenue,  between  North 
avenue  and  Grand  avenue,  in  the  city  of  Chicago,  with  the  right  to 
connect  with  other  street  railroad  tracks. 

IF  2.  Motive  power— passenger  service.]  § 2.  The  cars  to 
be  used  on  said  line  of  said  railroad  may  be  operated  by  animal,  elec- 


§ 697] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1G43 


trie  or  cable  power  and  shall  be  used  for  no  other  purpose  than  to 
carry  passengers  and  their  ordinany  packages.  In  the  event  of  elec- 
tricity being  used  the  same  shall  be  underground  or  storage-battery 
system,  no  overhead  wires  shall  be  used. 

If  3.  Cable  power — conditions.]  § 3.  For  the  purpose  of  op- 
erating said  cars  by  cable  or  electric  power,  said  company  shall  make 
all  needful  and  convenient  curves,  tracks,  trenches,  excavations  and 
sewer  connections,  and  may  place  all  needful  and  convenient  cabies, 
wires  and  machinery  in  such  street  and  connect  the  same  with  sta- 
tionary engine,  necessary  to  properly  operate  the  same,  which  station- 
ary engine  or  engines  shall  not  be  located  upon  any  street  or  public 
places  in  the  city.  Such  cables,  wires  and  machinery  connected  there- 
with shall  be  under  ground,  and  constructed  in  a substantial  and 
workmanlike  manner,  of  the  most  approved  method  and  convenience 
so  as  not  to  interfere  with  public  travel;  Provided,  that  if  in  the  con- 
struction of  said  trenches  and  excavations,  any  damage  or  injury  shall 
result  to  any  of  the  sewers,  water  pipes  or  private  drains,  then,  said 
company  shall  be  held  liable  and  pay  therefor.  If,  at  any  time,  by 
reason  of  the  permission  hereby  granted  and  the  making  of  such 
trenches  and  the  running  of  such  cables  or  wires,  any  injury  or  dam- 
age shall  result  to  any  person  or  property,  then  said  company  shall  be 
liable  therefor.  All  needful  and  convenient  connections  with  the  mo- 
tive power  or  engines  shall  be  subject  to  the  same  restrictions.  The 
aperture  opening  in  to  said  trenches  shall  not  exceed  five-eighths  of 
an  inch  in  width.  If  said  line  shall  be  operated  by  cable  or  electric 
power,  said  company  may  operate  not  exceeding  three  cars  and  one 
grip  car  attached  together,  with  a grip  man  in  charge  of  the  grip  car 
and  one  conductor  in  charge  of  each  additional  car. 

If  4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and 
repair,  during  all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  order,  ordinance,  or  regulation 
may  be  passed  or  adopted  by  the  city  council  in  relation  to  such  re- 
pairing; and,  when  any  new  improvement  shall  be  ordered  by  the  city 
council  of  the  said  part  of  said  street,  the  said  company  shall,  in  the 
manner  which  may  be  required  of  the  owners  of  property  fronting  on 
said  part  of  said  street,  make  such  new  improvement  for  the  width 
of  sixteen  feet;  and,  if  the  said  company  shall  refuse  or  fail  so  to  do, 
the  same  may  be  done  by  the  city  and  the  company  shall  be  liable 
and  pay  to  the  city  for  the  cost  thereof. 

If  5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  said  street  and  shall  be  laid 
with  modern  improved  rails  and  in  such  a manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same,  at  all  points  and 
in  all  directions,  without  obstruction  and  shall  also  be  laid  as  near 


1644 


STREET  RAILWAYS. 


to  the  center  of  said  street  as  practicable.  Section  1509  of  the  Mu- 
nicipal Code  of  Chicago  of  1881  shall  not  apply  to  the  railroad  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to 
the  mayor  and  commissioner  of  public  works  and  shall  be  laid  under 
their  direction. 

IT  6.  Time  of  completion.]  § 6.  The  railway  hereby  author- 
ized shall  be  completed  within  twelve  months  after  the  passage  of 
this  ordinance,  not  counting  the  months  of  December,  January,  Feb- 
ruary and  March;  and,  Provided  further,  that  if  said  company  shall 
be  delayed  by  the  order  or  injunction  of  any  court  the  time  of  such 
delay  shall  be  deducted  from  the  time  above  described;  Provided, 
however,  that  counsel  for  the  city  of  Chicago  may  intervene  in  any 
suit  in  which  any  injunction,  or  restraining  order  may  issue,  or  be 
entered  and  may  move  for  its  dissolution  or  dismissal. 

If  7.  Rate  of  fare,]  § 7.  The  rate  of  fare  to  be  charged 
upon  the  line  herein  authorized  shall  not  exceed  five  (5)  cents  for  one 
continuous  ride  of  one  trip  for  each  passenger  within  the  present  or 
future  city  limits. 

T 8.  Streets  restored.]  § 8.  When  the  right  of  said  railroad 
company  to  operate  its  railway  on  said  street  shall  cease  and  deter- 
mine said  company  shall  remove  the  tracks  from  the  said  street  and 
put  the  said  street,  from  which  said  tracks  shall  be  removed,  in  as 
good  condition  as  the  adjacent  parts  of  said  street. 

T 9.  Damages.]  § 9.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting 
on  the  said  part  of  said  street,  upon  or  over  which  the  road  may  be 
constructed,  which  said  owners  may  sustain  by  reason  of  the  location 
or  construction  of  said  road. 

IT  10.  License  fee.]  § 10.  The  said  West  Chicago  Street 
Railroad  Company  shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  dollars  ($50.00)  as  an 
annual  license,  for  each  and  every  car  used  by  said  company  on  said 
line  herein  authorized  in  the  manner  following:  In  computing  the 

number  of  cars  upon  which  said  license  charge  may  be  imposed  thir- 
teen round  trips  when  the  car  is  used  in  the  transportation  of  passen- 
gers, shall  be  taken  as  equivalent  to  one  day’s  use  of  one  car;  one- 
thirteenth  of  such  round  trips  during  each  quarter  shall  be  divided  by 
the  number  of  days  in  such  quarter;  such  quotient  shall  be  the  num- 
ber of  cars  subject  to  such  license  fee;  Provided,  however,  that  such 
cars  shall  not  be  liable  for  the  payment  of  a license  fee  on  any  of  the 
other  lines  or  routes  of  this  company  or  its  connections.  The  presi- 
dent or  other  chief  officer  of  said  company  shall,  under  oath,  make 
report  quarter-yearly,  to  the  comptroller  of  the  city  of  Chicago,  of  the 
whole  number  of  cars  so  run  by  said  company  and,  at  the  same  time, 
pay  the  said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each 
car,  to  be  ascertained  as  above  prescribed  in  this  section.  The  first 


§ 6981 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1645 


quarter  shall  begin  upon  the  first  day  upon  which  the  said  company 
shall  run  a car  or  cars  for  the  carriage  of  passengers. 

if  11.  Cars  to  be  heated.l  § n.  The  cars  upon  the  line 
hereby  authorized  shall  be  provided,  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year,  with  heating 
apparatus  of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  in  said  car  and  heating  the  same;  and  the  said 
apparatus  shall  be  operated  at  such  times  during  the  months  afore- 
said as  the  nature  of  the  weather  and  the  degree  of  the  temperature 
shall  require.  And,  the  cars  upon  said  tracks  herein  authorized  to  be 
laid  shall  be  run  at  intervals  as  may  be  necessary  to  accommodate  the 
public. 

if  12.  Indemnity  clause.]  § 12.  The  company  shall,  forever, 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from,  all 
and  any  damages,  judgments,  decrees  and  costs  and  expenses  which 
it  may  suffer,  or  which  may  be  recoverable  or  obtained  against  said 
city  for  or  by  reason  of  the.  granting  of  such  privileges,  or  for  or  by 
reason  of,  or  growdng  out  of,  or  resulting  from  the  exercise  by  said 
company  of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of 
said  company,  its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 

if  13.  Bond.]  § 13.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  five  thousand  dollars  ($5,000),  to  be  approved  by 
the  mayor,  for  the  faithful  observance  and  performance  of  the  provis- 
ions and  conditions  of  this  ordinance,  on  its  part  to  be  observed  and 
performed  as  aforesaid. 

1 14.  When  to  take  effect.]  § 14.  This  ordinance  shall  take 
effect  and  be  in  force  as  soon  as  the  said  company  shall  file  with  the 
city  clerk  its  formal  acceptance  of  the  same,  and  the  bond  as  herein 
prescribed;  Provided,  however,  that  if  said  acceptance  and  bond  shall 
not  be  filed  as  aforesaid  within  sixty  days  from  the  passage  hereof 
this  ordinance  shall  be  void  and  of  no  effect. 

§ 698.  West  Chicago  Street  Railroad  company 

If  1.  Grant — term — route. 

IF  2.  Motive  power — passenger  service. 

If  3.  Cable  power,  conditions,  etc.  J 
H 4.  Street  improvements  and  repairs. 

^f  5.  Tracks,  how  laid. 

^f  6.  Time  of  completion. 

If  7.  Rate  of  fare — police,  etc.,  to  ride  free. 

If  8.  Streets  restored. 

If  9.  Damages. 

If  10.  License  fee.  ” • 

If  11.  Cars  to  be  heated.  ’ ‘ ' ■ 

If  12.  Indemnity  clause. , : ■*  - - - — 

If  13.  Bond.  ~ 

If  14.  When  to  take  effect.  _ 


1646 


STREET  RAILWAYS. 


[§  698 


An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  con- 
struct, maintain  and  operate  a street  railway  in  Armitage  avenue,  between 
California  avenue  and  Columbia  avenue.  (Passed  May  14,  1894  Accepted 
June  22,  1894.  ) 

T 1.  Grant — term — route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance 

hereof  and  the  undertaking  of  the  West  Chicago  Street  Railroad  Com- 
pany to  comply  with  the  provisions  herein  contained,  consent,  permis- 
sion and  authority  are  hereby  granted  to  said  company,  its  successors 
and  assigns,  and  said  company  is  hereby  required  to  lay  down,  con- 
struct, maintain  and  operate,  until  twenty  (20)  years  from  the  date  of 
the  passage  of  this  ordinance,  a double  track  street  railway,  with  all 
necessary  and  convenient  turnouts  and  switches  in,  upon,  over  and 
along  Armitage  avenue,  between  California  avenue  and  Columbia  ave- 
nue, in  the  city  of  Chicago,  with  the  right  to  connect  with  other  street 
railroad  tracks. 

'T  2.  Motive  power— passenger  service,]  § 2.  The  cars  to 

be  used  on  said  line  of  said  railroad  may  be  operated  by  any  motive 
power  the  use  whereof  has  been,  or  may  hereafter  be,  granted  by  the 
city  council  of  the  city  of  Chicago  and  shall  be  used  for  no  other  pur- 
pose than  to  carry  passengers  and  their  ordinary  packages. 

Tf  3.  Cable  power— conditions,  etc.]  § 3.  In  case  the  said 
company,  upon  the  line  hereby  authorized,  shall  use  cable  power  the 
method  of  laying  and  constructing  such  cable  and  operating  the 
same  shall,  in  all  respects,  be  the  same  and  be  governed  by  the  same 
conditions  and  limitations  as  provided  by  an  ordinance  of  the  city 
council  of  the  city  of  Chicago,  passed  June  7,  1886,  authorizing  said 
company  to  use  cable  power,  sections  3475  to  3477  of  the  compiled 
laws  and  ordinances  of  the  city.  And,  in  case  said  company,  upon 
the  line  hereby  authorized  shall  use  electric  power  by  means  of  electric 
overhead  contact  wires  the  method  of  construction  and  operation  shall 
be  the  same  and  governed  by  all  the  conditions  and  limitations  as  pro- 
vided in  an  ordinance  of  the  city  of  Chicago,  passed  April  30th,  1894, 
authorizing  the  operation  by  electric  overhead  contact  wires  of  certain 
lines  of  the  North  Chicago  Street  Railroad  Company  and  the  West 
Chicago  Street  Railroad  Company. 

1 4.  Street  improvements  and  repairs].  § 4.  The  said  com- 
pany, as  to  the  part  of  said  street  in  and  upon  which  its  said  railway 
may  be  laid,  shall  keep  sixteen  feet  in  width  in  good  condition  and 
repair,  during  all  the  time  to  which  the  privileges  hereby  granted 
shall  extend,  in  accordance  with  whatever  order,  ordinance  or  regula- 
tion may  be  passed  or  adopted  by  the  city  council  in  relation  to  such 
repairing;  and,  when  any  new  improvement  shall  be  ordered  by  the 
city  council  of  the  said  part  of  said  street,  the  company  shall,  in  the 
manner  which  may  be  required  of  the  owners  of  the  property  fronting 
on  said  part  of  said  street,  make  such  new  improvements  for  the  width 


§ 698]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1647 

of  sixteen  feet;  and,  if  the  said  company  shall  refuse  or  fail  so  to  do, 
the  same  may  be  done  by  the  city  and  the  company  shall  be  liable 
and  pay  to  the  city  for  the  cost  thereof. 

If  5.  Tracks,  how  laid.]  § 5.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street  and  shall  be  laid  with 
moderil  improved  rails  and  in  such  a manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same,  at  all  points  and  in  all 
directions  without  obstruction,  and  shall,  also,  be  laid  as  near  the 
center  of  the  street  as  practicable.  Section  1509  of  the  Municipal  Code 
of  Chicago  of  1881  shall  not  apply  to  the  railroad  tracks  herein  au- 
thorized, but  the  rails  to  be  used  shall  be  satisfactory  to  the  mayor  and 
commissioner  of  public  works  and  shall  be  laid  under  their  direction. 

1 6.  Time  of  completion.]  § 6.  The  tracks  herein  authorized 
shall  be  laid  within  nine  months  from  the  date  of  the  passage  of  this  or- 
dinance, not  counting  the  months  of  December,  January,  February  and 
March.  And,  if  the  said  company  shall  fail  to  complete  said  tracks 
within  the  said  time  the  rights  and  privileges  hereby  granted  shall 
cease  and  determine;  Provided,  that  if  the  said  company  shall  be 
restrained  or  prevented  from  proceeding  with  the  work  upon  said 
railway  tracks  by  the  order  or  writ  of  any  court  of  competent  jurisdic- 
tion, the  time  during  which  said  company  may  be  so  delayed  shall  be 
added  to  the  time  herein  prescribed  for  the  completion  of  said  rail- 
way tracks.  The  city  shall,  however,  have  the  right  to  intervene  in 
any  suit  for  an  injunction  to  restrain  the  said  company,  as  aforesaid, 
and  move  for  the  dissolution  of  the  injunction  in  case  said  suit  shall 
be  deemed  collusive,  or  for  the  purpose  of  delay,  or  of  extending  the 
time  for  the  completion  of  said  tracks.  The  time  during  which  said 
company  may  be  so  delayed  as  aforesaid  shall,  however,  be  reckoned 
only  from  the  time  when  the  said  company  shall  have  given  notice  to 
the  corporation  counsel  of  the  city  of  Chicago  of  the  institution  of  such 
legal  proceedings  as  aforesaid.  Unless  said  company  shall  within  the 
time  hereinabove  provided  have  ready  and  in  operation  the  line  here- 
by authorized,  the  city  of  Chicago  shall  have  the  right  to  remove  all 
tracks  and  other  obstacles  placed  in  the  street  by  virtue  of  the  au- 
thority granted  by  this  ordinance  and  the  said  company  shall  be  liable 
to  the  city  for  the  expense  of  such  removal. 

1 7.  Rate  of  fare — police,  etc.,  to  ride  free.]  § 7.  The  rate 

of  fare  to  be  charged  upon  the  line  herein  authorized  shall  be  five  (5) 
cents  for  one  continuous  ride  from  Columbia  avenue  to  La  Salle  street, 
or  from  La  Salle  street  to  Columbia  avenue.  The  city  police  and  fire- 
men in  uniform  shall  be  carried  free  of  charge. 

f 8.  Streets  restored.]  § 8.  When  the  right  of  said  railroad 
company  to  operate  its  railway  on  said  streets  shall  cease  and  deter- 
mine said  company  shall  remove  its  railway  tracks  from  the  said  street 


STREET  RAILWAYS. 


1618 


[§  698 


and  put  the  said  street,  from  which  said  tracks  shall  be  removed,  in  as 
good  condition  as  the  adjacent  parts  of  said  street. 

1 9.  Damages.]  § 9.  The  said  West  Chicago  Street  Railroad 
Company  shall  pay  all  damages  to  the  owners  of  property  abutting  on 
the  said  part  of  said  street,  upon  or  over  which  the  road  may  be  con- 
structed, which  said  owners  may  sustain  by  reason  of  the  location 
or  construction  of  said  road. 

1 10.  License  fee.]  § 10.  The  said  West  Chicago  Street 
Railroad  Company  shall  pay  in  to  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  ($50.00)  dollars  as  an  an- 
nual license  for  each  and  every  car  used  by  said  company  on  said  line 
herein  authorized,  in  the  manner  following:  In  computing  the  num- 

ber of  cars  upon  which  said  license  charge  may  be  imposed,  thirteen 
round  trips,  when  the  car  is  used  in  the  transportation  of  passengers, 
shall  be  taken  as  equivalent  to  one  day’s  use  of  one  car;  one-thirteenth 
of  such  round  trips  during  each  quarter  shall  be  divided  by  the  num- 
ber of  days  in  such  quarter,  such  quotient  shall  be  the  number  of  cars 
subject  to  such  license  fee;  Provided,  however,  that  such  cars  shall 
not  already  be  liable  for  the  payment  of  a license  fee  on  any  of  the 
other  lines  or  routes  of  this  company  or  its  connections.  The  presi- 
dent or  other  chief  officer  of  said  company  shall,  under  oath,  make  re- 
port quarter-yearly,  to  the  comptroller  of  the  city  of  Chicago,  of  the 
whole  number  of  cars  -so  run  by  said  company  and,  at  the  same  time, 
pay  the  said  comptroller  twelve  dollars  and  a half  ($12.50)  for  each 
car,  to  be  ascertained  as  above  prescribed  in  this  section.  The  first 
quarter  shall  begin  upon  the  first  day  upon  which  the  said  company 
shall  run  a car  or  cars  for  the  carriage  of  passengers. 

% 11.  Cars  to  be  .heated.]  §11.  The  cars  upon  the  lines 
hereby  authorized  shall  be  provided,  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year  with  heating 
apparatus,  of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  in  said  car  and  heating  the  same;  and,  the 
said  apparatus  shall  be  operated  at  such  times  during  the  months  afore- 
said as  the  nature  of  the  weather  and  the  degree  of  the  temperature 
shall  require.  And,  the  cars  upon  said  tracks  herein  authorized  to  be 
laid  shall  be  run  at  intervals  as  may  be  necessary  to  accommodate  the 
public. 

1 12.  Indemnity  clause.]  § 1 2.  The  company  shall,  forever, 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  which  it 
may  suffer,  or  which  may  be  recoverable  or  obtained  against  said  city, 
for  or  by  reason  of  the  granting  of  such  privileges,  or  for  or  by  rea- 
son of,  or  growing  out  of,  or  resulting  from  the  exercise  by  said  com- 
pany of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  said 


§ 699]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1649 

company,  its  servants  or  agents,  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

Tf  13.  Bond.]  § 13.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond  in 
the  penal  sum  of  five  thousand  ($5,000)  dollars,  to  be  approve.d  by  the 
mayor,  for  the  faithful  observance  and  performance  of  the  provisions 
and  conditions  of  this  ordinance  on  its  part  to  be  observed  and  per- 
formed, as  aforesaid. 

H[  14.  When  to  take  effect.]  § 14.  This  ordinance  shall  take 
effect  and  be  in  force  as  soon  as  the  said  company  shall  file  with  the 
city  clerk  its  formal  acceptance  of  the  same  and  the  bond  as  herein 
prescribed;  Provided,  however,  that  if  said  acceptance  and  bond  shall 
not  be  filed,  as  aforesaid,  within  sixty  days  fmm  the  passage  hereof 
this  ordinance  shall  be  void  and  of  no  effect. 


699.  West  Chicago  Street  Railroad  company. 
If  1.  Grant— State  street  by  electric  power. 

H[  2.  Route. 

3.  Tracks,  how  laid. 

Hi  4.  Street  improvements  and  repairs. 

Ht  5*  Time  of  completion. 

Hr  6.  Cable  or  electric  power — conditions,  etc. 

Ht  7-  Return  circuit—  guard  wires. 

Ht  8.  Style  of  cars — heating  of. 

Hr  9-  Rate  of  fares, 

Ht  10.  License  fee. 

^ 11.  Indemnity  clause — bond. 

Ht  is*-  Overhead  contact  wires. 

Ht  13.  Trolley  wires  under  elevated  structu:- 
nt  14.  Term  of  grant. 

Ht  15-  License  fee. 

n(  16.  When  to  take  effect. 


An  ordinance  authorizing  the  West  Chicago  Street  Railroad  company  to  lay 
tracks  on  West  Harrison  street.  Twenty-sixth  street,  and  other  streets  in  the 
city  of  Chicago.  (Passed  February  4,  1895.  Accepted  March  2,  1895.) 


HF  1.  Grant — State  street  by  electric  power.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  §1.  In  consideration  of 

the  acceptance  hereof,  and  the  undertaking  by  the  West  Chicago 
Street  Railroad  Company  to  comply  with  the  provisions  herein  con- 
tained, permission  and  authority  are  hereby  granted  to  the  said  West 
Chicago  Street  Railroad  Company,  its  successors  and  assigns,  to  lay 
down,  maintain  and  operate  a single  or  double  track  street  railroad 
with  all  the  necessary  and  convenient  turn-outs,  side-tracks  and 
switches,  in,  along  and  across  certain  streets  in  the  city  of  Chicago 
hereinafter  mentioned,  and  to  connect  at  any  and  all  street  intersec- 
tions, any  track  or  tracks  hereby  authorized  to  be  laid,  with  the  track 
or  tracks  of  any  railroad  owned,  leased  or  operated  by  said  company; 
and  also  permission  to  connect  the  tracks  located  at  the  intersection 
of  State  street  with  Lake  street,  and  operated  by  the  West  Chicago 

104 


1650 


STREET  RAILWAYS. 


[§  699 


Street  Railroad  Company,  with  the  tracks  at  sai.d  intersection  be- 
longing to  the  North  Chicago  Street  Railroad  Company;  and  also, 
permission  to  construct  in  State  street,  between  Lake  street  and  Ran- 
dolph street,  overhead  electric  wires,  and  to  operate  its  cars  in  said 
State  street,  between  said  points,  by  electric  power. 

2.  Route.]  § 2.  Said  West  Chicago  Street  Railroad  Com- 
pany is  hereby  authorized  to  lay  a single  or  double  track  street  railroad 
in,  along  and  across  all  the  following  streets:  In  and  along  West  Har- 
rison street,  between  Western  avenue  and  Kedzie  avenue;  and  also, 
in  and  along  Twenty-sixth  street,  between  Blue  Island  avenue  and 
Crawford  avenue;  and  also  in  and  along  Wood  street  and  North 
Wood  street,  from  Blue  Island  avenue  to  Milwaukee  avenue;  and  in 
and  along  North  Lincoln  street  to  Webster  avenue;  and  also,  in  and 
along  Laurel  street,  between  Thirty-ninth  street  and  Thirty-first 
street,  and  thence  easterly  in  and  along  Thirty-first  street  to  Main 
street,  and  thence  in  and  along  Main  street  northwest- 
erly and  across  the  bridge,  over  the  south  branch  of 
the  Chicago  river  to  Tliroop  street;  and  also  in  and  along 
Throop  street,  between  West  Twenty-first  street  and  West  Taylor 
street;  also  connecting  the  road  terminating  at  the  south  end  of  Throop 
street  with  the  road  beginning  at  Twenty-first  street  and  Throop 
street,  by  constructing  or  operating  over,  along  and  across  such  lots, 
blocks,  grounds,  public  highways  or  tracks  now  laid,  as  it  may  have  or 
acquire  by  lease,  contract,  purchase,  condemnation  or  otherwise,  ac- 
cording to  law,  said  connection  to  be  made  within  three  hundred  and 
fifty  feet  (350)  easterly  or  westerly  of  the  center  line  of  said  Throop 
street,  between  the  northerly  end  of  Main  street  and  the  north  side 
of  West  Twenty-first  street;  and  also  in  and  along  Sangamon  street, 
between  Austin  avenue  and  Erie  street,  and  thence  easterly  in  and 
along  West  Erie  street  to  the  east  bank  of  the  north  branch  of  the 
Chicago  river;  and  in  and  along  Twenty-first  street,  between  West- 
ern avenue  and  Douglas  boulevard;  and  also  in  and  along  West  Twen- 
ty-first street,  between  Center  avenue  and  Halsted  street. 

1”  3.  Tracks,  how  laid.]  § 3.  The  tracks  of  such  railway 
shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be  con- 
structed with  modern  improved  rails,  and  so  laid  that  vehicles  may 
freely  and  safely  cross  the  said  tracks;  and  when  two  tracks  are  laid 
in  the  same  street,  the  said  tracks  shall  be  laid  parallel  as  near  as 
practicable.  Section  1509  of  the  Municipal  Code  of  Chicago,  of  1881, 
shall  not  apply  to  the  railroad  tracks  herein  authorized. 

T 4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  streets  in  and  upon  which  its  said  several 
railways  shall  be  laid,  shall  keep  eight  feet  in  width  where  a single 
track  shall  be  laid,  and  sixteen  feet  in  width  where  a double  track 
shall  be  laid,  in  good  condition  and  repair  during  all  of  the  time  to 


§ 699]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1651 

which  the  privileges  hereby  granted  shall  extend,  in  accordance  with 
such  ordinances  or  regulations  as  shall  be  passed  or  adopted  by  the 
city  council  in  relation  to  such  repairing,  and  when  any  new  improve- 
ment shall  be  ordered  by  the  city  council  of  any  part  of  said  streets, 
said  railway  company  shall,  in  the  manner  which  may  be  required  of 
the  owners  of  property  fronting  on  said  part  of  such  street,  make  such 
new  improvements  for  the  width  of  eight  feet  where  a single  track 
shall  be  laid,  and  of  sixteen  feet  where  a double  track  shall  be  laid, 
and  if  said  company  shall  fail  or  refuse  so  to  do,  the  same  may  be 
done  by  the  city,  and  the  company  shall  be  liable  to  the  city  for  the 
cost  thereof;  Provided,  however,  that  said  company  shall  pay  to  the 
owner  or  owners  of  property  abutting  on  streets  where  such  tracks 
shall  be  laid,  the  cost  of  improvement  of  eight  feet  in  width  where  a 
single  track  shall  be  laid,  and  sixteen  feet  in  width  where  a double 
track  shall  be  laid,  on  all  such  streets  that  have  been  improved  within 
the  past  year. 

«[[  5.  Time  of  completion.]  § 5.  The  several  railways  here- 
by authorized  shall  be  completed  within  two  years  after  the  passage 
of  this  ordinance,  not  counting  the  months  of  December,  January, 
February  and  March;  Provided,  if  said  company  shall  be  delayed  by 

the  order  of  injunction  of  any  court,  the  time  of  such  delay  shall  be 

deducted  from  the  time  above  prescribed;  and  provided,  further,  if  any 
track  or  tracks  herein  authorized  to  be  constructed  shall  not  be  com- 
pleted within  the  time  herein  specified,  as  to  every  such  track  or 

tracks,  which  shall  not  be  completed  within  the  time  aforesaid,  this 

ordinance  shall  be  null  and  void;  Provided,  the  tracks  on  Harrison 
street,  between  Western  avenue  and  Kedzie  avenue,  shall  be  laid  and 
the  line  in  operation  within  one  year  from  the  passage  of  this  ordi- 
nance. 

6.  Cable  or  qleetric  power — conditions,  etc.]  § 6.  The 

cars  may  be  operated  by  cable  or  electric  power,  or  by  any  power  said 
company  may  have  the  authority  to  operate  its  cars  with,  under  any 
ordinance  or  ordinances  of  the  said  city  of  Chicago.  If  electric  pow- 
er shall  be  used  by  means  of  overhead  contact  wires,  such  overhead 
wires,  together  with  the  necessary  feed  wires,  may  be  suspended  from 
poles  set  within  the  curb  limits  of  the  street  on  either  side  thereof,  or 
from  bracket  poles  in  the  center  of  the  street  along  said  line  or  route, 
the  placing  o«f  said  poles  to  be  determined  by  the  mayor  and  commis- 
sioner of  public  works,  and  said  poles  to  be  of  ornamental  iron  or 
steel,  and  of  such  construction  and  design  as  the  mayor  and  commis- 
sioner of  public  works  may  approve.  Said  poles  and  feeder  wires  shall 
be  suspended  not  less  than  eighteen  and  a half  (18 y2)  feet  above  the 
rails,  and  the  said  poles  and  supports  shall  be  placed  on  an  average  of 
not  less  than  one  hundred  and  fifteen  (115)  feet  apart.  No  poles  shall 
be  set  at  the  intersection  of  streets  and  alleys.  Such  poles  and  wires 
to  be  erected  and  maintained  for  the  purpose  of  supplying  electric 


1652 


STREET  RAILWAYS. 


[§  699 


current  which  can  be  used  for  power,  heat  and  light  purposes;  and 
with  the  right  to  connect  the  wires  herein  authorized  with  the  genera- 
tor or  power  station,  or  any  station  or  car  house  in  connection  with 
said  railroad  or  railroads,  or  with  any  power  house  or  station  along 
any  line  or  lines  of  railroad  of  said  company  used  by  it  in  connection 
with  its  cable,  horse  or  electric  system;  and  said  company  may  convey 
said  wires  from  such  power  house  or  station  to  the  line  of  wires  here- 
by authorized,  upon  poles  placed  upon  or  along  the  alleys  of  tlie  city, 
or  whenever,  in  the  judgment  of  the  commissioner  of  public  works,  it 
shall  be  impracticable  to  place  such  poles  in  alleys,  he  may,  for  the 
purpose  above  mentioned,  permit  to  be  placed  in  streets  ornamental 
iron  or  steel  poles  of  such  design  and  construction  as  he  may  approve, 
or  said  comany  may,  if  the  mayor  and  commissioner  of  public  works 
consent  thereto,  convey  said  connecting  wires  in  an  underground  con- 
duit through  the  streets  or  alleys  of  the  city  of  Chicago,  which  con- 
duit shall  be  used  by  the  company  for  the  purposes  herein  set  forth 
only. 

Before  making  any  excavation  or  in  any  wise  interfering  with  the 
surface  of  any  street  or  alley,  said  company  shall  obtain  from  the  com- 
missioner of  public  works  a permit  therefor,  and  shall  deposit  with 
the  treasurer  of  the  city  of  Chicago  a sum  sufficient  to  cover  the  cost 
of  restoring  such  street  or  alley  according  to  an  estimate  of  the  prob- 
able cost  thereof,  to  be  made  by  the  commissioner  of  public  works  in 
each  case. 

All  wires  and  conductors  for  the  transmission  of  electricity  in  or 
along  any  street  shall  be  constructed  in  a substantial  and  workmanlike 
manner,  and  under  the  supervision  of  the  commissioner  of  public 
works,  so  as  to  interfere  as  little  as  possible  with  the  public  travel. 

IT  7.  Return  circuit — guard  wires.]  § 7.  Said  company  shall 
establish  and  maintain  a metallic  return  circuit  conductor  independent 
of  the  rails  upon  all  the  lines  of  street  railroad  hereby  authorized  to  be 
operated  by  electric  overhead  contact  wires. 

Wherever  other  lines  of  wires  cross  the  wires  to  be  strung  by  vir- 
tue of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard 
wires  or  other  suitable  mechanical  device,  as  may  be  directed  by  the 
commissioner  of  public  works. 

1 8.  Style  of  cars— heating  of.]  § 8.  The  cars  to  be  used 
shall  be  of  the  best  style  and  class,  and  shall  be  used  for  the  trans- 
portation of  passengers  and  their  ordinary  baggage,  and  shall  be  pro- 
vided during  the  months  of  November,  December,  January,  February 
and  March  in  each  year,  with  heating  apparatus  of  the  kind  and  na- 
ture which  shall  be  reasonably  effective  in  raising  the  temperature  in 
such  car  and  heating  the  same;  which  said  heating  apparatus  shall  be 
operated  at  such  times  during  said  months  aforesaid  as  the  nature  of 
the  weather  shall  require. 


§ 699]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1653 

IT  9.  Rate  of  fares.]  § 9.  The  rate  of  fare  for  one  continuous 
ride  shall  be  five  (5)  cents  for  each  passenger  on  said  several  lines  of 
railway  hereby  authorized;  Provided,  however,  that  transfers  shall 
be  given  at  the  following  points:  On  the  Harrison  street  line  at  the 

respective  intersections  with  Kedzie  avenue,  Western  avenue,  Robey 
street  and  Paulina  street;  on  the  Wood  street  line  at  the  respective  in- 
tersections with  Twelfth  street,  Van  Buren  street,  Madison  street,  Chi- 
cago avenue  and  Grand  avenue;  on  the  Laurel  street,  Main  street  and 
Throop  stre'et  line,  at  the  respective  intersections  with  Twelfth  street, 
Van  Buren  street  and  Madison  street;  and  on  the  Twenty-first  street 
line,  at  the  respective  intersections  of  Western  avenue  and  Blue  Island 
avenue;  Provided,  further,  that  policemen  and  firemen  in  uniform 
shall  be  carried  free  of  charge. 

Tf  10.  License  fee.]  § 10.  Said  West  Chicago  Street  Rail- 
road Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  dollars  ($50)  as  an  annual  li- 
cense fee  for  each  and  every  car  used  by  said  company  in  the  manner 
following:  In  computing  the  number  of  cars  upon  which  said  license 
charge  may  be  imposed,  thirteen  round  trips,  when  the  car  is  used 
in  the  transportation  of  passengers,  shall  be  taken  as  equivalent  of  one 
day’s  use  of  one  car;  one-thirteenth  (1-13)  of  such  round  trips  during 
each  quarter  shall  be  divided  by  the  number  of  days  in  such  quarter, 
such  quotient  shall  be  the  number  of  cars  subject  to  license  fee;  Pro- 
vided, however,  that  such  cars  shall  not  already  be  liable  for  the  pay- 
ment of  a license  fee  on  one  of  the  other  lines  of  this  company  or  its 
connections.  The  president  or  other  chief  officer  of  the  company 
shall,  under  oath,  make  report  quarte.r-yearly  to  the  comptroller  of 
the  city  of  Chicago  of  the  whole  number  of  cars  so  run  by  said  com- 
pany, and  at  the  same  time  pay  to  said  comptroller  twelve  dollars  and 
a half  ($12.50)  for  each  car,  to  be  ascertained  as  above  prescribed  in 
this  section.  The  first  quarter  shall  begin  on  the  first  day  upon  which 
said  company  shall  run  a car  or  cars  on  said  several  railways,  for  the 
carriage  of  passengers. 

1 11.  Indemnity  clause — bond.]  § 11.  Said  company  shall 

forever  indemnify  and  save  harmless  the  city  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs  and  expenses, 
which  said  city  may  suffer,  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  it,  or  for  or  by  reason  of  or  growing  out  of, 
or  resulting  from  the  exercise  by  said  company  of  the  privileges  here- 
by granted,  or  from  any  act  or  acts  of  said  company,  its  servants  or 
agents,  under  or  by  virtue  of  the  provisions  of  this  ordinance.  And 
said  company  shall  within  the  time  limited  for  the  acceptance  of  this 
ordinance,  file  with  the,  city  clerk  a bond  to  the  city  of  Chicago  in  the 
penal  sum  of  fifty  thousand  dollars  ($50,000),  with  sureties  to  be  ap- 
proved by  the  mayor  of  the  city  of  Chicago,  conditioned  for  the  faith- 


1654  STREET  RAILWAYS.  [§  699 

ful  performance  and  observance  by  said  company  of  all  the  conditions 
and  provisions  of  this  ordinance. 

T 12.  Overhead  contact  wires.]  § 12.  Permission  and  au- 
thority are  also  hereby  granted  to  said  company  to  operate  its  electric 
cars  by  overhead  contact  wires  over  and  along  any  part  or  parts  of  its 
cable  tracks  so  far  as  may  be  necessary  in  order  to  connect  its  electric 
line  in  any  street  with  its  electric  line  in  any  other  street.  This  pen 
mission  is  granted  merely  and  only  for  the  purpose  of  enabling  the 
said  company  to  use  its  cable  tracks  for  making  a circuit  or  perfecting 
a line  or  route  which  shall  require  the  cars  to  use  the  cable  tracks  in 
making  a proper  and  direct  connection,  and  shall  not  be  suffered  or 
permitted  to  be  so  construed  as  to  permit  the  use  of  cable  tracks  by 
electric  cars  in  any  way  or  manner  which  will  tend  to  supersede  the 
use  of  cable  cars  or  lines  by  electricity. 

It  is  also  expressly  understood  and  declared  that  before  any  cable 
tracks  shall  be  used  by  said  company  for  the  operation  thereon  of 
electric  cars,  it  shall  file  with  the  commissioner  of  public  works  a plan 
showing  specifically  the  line  of  cable  tracks  which  it  is  intended  to 
use  by  means  of  electrical  appliances,  and  from  and  in  connection  with 
which  it  must  appear  that  such  use  of  cable  tracks  by  electrical  appli- 
ances is  not  intended  to  and  will  not  have  the  effect  to  supercede 
or  interfere  with  the  full  use  of  such  cable  tracks  by  cable  cars  by  the 
substitution  of  electric  cars  therefore  and  thereon. 

It  is  further  understood  and  declared  that  no  overhead  wires  shall 
at  any  time  be  erected  or  run  over  the  cable  tracks  located  in  any 
streets  or  parts  of  streets  within  the  district  bounded  by  the  Chicago 
river  on  the  north,  and  the  south  branch  of  the  Chicago  river  on  the 
west. 

13.  Trolley  wires  under  elevated  structure.]  § 13.  Per- 
mission and  authority  are  also  hereby  granted  to  said  company  to 
place  and  attach  overhead  wires  to,  and  beneath  any  elevated  rail- 
road structure  in  any  street  where  said  company  shall  operate  an  elec- 
tric railroad,  upon  obtaining  consent  from  the  elevated  railroad  com- 
pany to  attach  such  overhead  wires;  and  to  construct  and  operate 
over  and  across  any  bridge  or  bridges  and  to  the  end  of  the  farther 
approach  to  such  bridge  or  bridges,  any  electric  line  of  street  railroad, 
in  any  street  leading  to  any  such  bridge  or  bridges. 

H 14.  Term  of  grant.]  § 14.  All  the  rights  and  privileges 
hereby  granted  to  and  conferred  upon  the  said  West  Chicago  Street 
Railroad  Company,  its  successors  and  assigns,  or  intended  so  to  be, 
shall  continue  and  be  in  force  for  the  full  term  and  period  of  twenty 
(20)  years  from  and  after  the  passage  of  this  ordinance.  But  it  is  ex- 
pressly understood  and  declared  that  none  of  the  provisions  of  this 
ordinance  shall  be  construed  or  operate  to  in  any  manner  extend  the 


7°o] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1655 


life  or  term  of  any  of  the  existing  ordinances  in  which  the  said  West 
Chicago  Street  Railroad  Company  is  in  any  manner  interested. 

!'  % 15.  License  fee.]  § 15.  That  for  and  in  consideration  of 

the  privileges  herein  granted  by  the  city  of  Chicago  to  said  company, 
the  said  West  Chicago  Street  Railroad  Company  hereby  undertakes 
and  agrees  to  pay  to  the  city  of  Chicago  the  sum  of  five  thousand 
dollars  ($5,000)  per  annum,  at  the  expiration  of  each  and  every  year 
during  the  continuance  of  the  time  for  which  the  privileges  herein 
granted  are  authorized  to  be  exercised;  and  the  exercise  by  said  com- 
pany of  any  of  the  privileges  hereby  granted  shall  fix  the  liability  of 
said  company  to  pay  said  sums  of  ifioney  annually  during  the  whole 
of  said  term;  said  sums  of  money  to  be  used  by  the  city  of  Chicago 
for  extending  its  electric  light  system. 

Tf  16.  When  to  take  effect.]  § 16.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  acceptance,  and 
the  filing  of  the  bond  herein  above  provided  for,  within  thirty  (30) 
days  after  the  passage  thereof,  otherwise  this  ordinance  shall  be  void 
and  of  no  effect. 


§ 7°°- 

West  Chicago  Street  Railroad  company 

IT 

1. 

Grant — route — time  of  completion. 

T 

2. 

Motive  power  optional — conditions. 

If 

3. 

Underground  wires  permitted. 

If 

4- 

Metallic  return  circuit. 

If 

5. 

Street  improvements  and  repairs. 

if 

6. 

License  fee. 

if 

7. 

Term  of  grant. 

if 

8. 

Subject  to  general  ordinances. 

if 

9- 

Indemnity  clause. 

if 

10. 

When  to  take  effect. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  and  operate  a street  railway  in  West  Chicago  avenue,  betwt  en 
Grand  avenue  and  Kedzie  avenue.  (Passed  May  6,  1895.  Accepted  May  27, 
1895.) 

1 1.  Grant— route— time  of  completion.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  are  hereby  granted  and  given  to  the  West  Chicago  Street 
Railroad  Company,  its  successors,  assigns  and  lessees,  to  lay  down, 
maintain  and  operate  a double  track  street  railway,  with  the  necessary 
side-tracks,  turn-outs  and  switches,  upon  West  Chicago  avenue,  in 
the  city  of  Chicago,  between  Grand  avenue  and  Kedzie  avenue,  and 
to  connect  and  operate  the  same  with  its  present  tracks  on  West  Chi- 
cago avenue;  Provided,  however,  and  the  permission  and  authority 
hereby  granted  are  upon  the  express  condition  that  the  tracks  here- 
by authorized  shall  be  built  and  in  operation  within  twelve  months 
after  the  passage  of  this  ordinance,  but  should  the  construction  of 
said  tracks  or  any  part  thereof  be  delayed  by  injunction  of  any  court, 
or  by  the  action  of  the  city  council,  then,  as  to  the  portion  so  delayed, 


1656 


STREET  RAILWAYS. 


the  time  of  such  delay  shall  not  be  any  part  of  the  time  herein  limited; 
and  the  city  of  Chicago  shall  have,  and  it  hereby  expressly  reserves 
the  right  to  intervene  in  any  suit  or  proceedings  brought  seeking  to 
enjoin,  restrain,  or  in  any  manner  seeking  to  interfere  with  such  con- 
struction, and  to  move  for  the  dissolution  of  such  injunction  or  re- 
straining order,  or  for  any  other  proper  order  in  such  suit. 

T 2.  Motive  power  optional— conditions.]  § 2.  The  cars  of 
said  railway  company  on  said  street  may  be  operated  by  animal,  elec- 
tric or  cable  power;  and  if  electric  power  shall  be  used  by  means  of 
overhead  contact  wires,  together  with  the  necessary  feed  wires,  may 
be  suspended  from  poles  within  the  curb  limits  of  the  street  on  either 
side  thereof,  or  from  bracket  poles  placed  in  the  center  of  the  street 
along  such  line  or  route,  the  placing  of  such  poles  to  be  determined 
by  the  mayor  and  commissioner  of  public  works,  and  said  poles  to  be 
ornamental  iron  or  steel,  and  of  such  construction  and  design  as  the 
mayor  and  commissioner  of  public  works  may  approve.  Said  trolley 
and  feeder  wires  shall  be  suspended  not  less  than  eighteen  and  one- 
half  (18^2)  feet  above  the  rails,  and  the  said  poles  and  supports  shall 
be  placed  on  an  average  of  not  less  than  one  hundred  and  fifteen  (1 15) 
feet  apart.  No  poles  shall  be  set  at  the  intersection  of  streets  and 
alleys.  Such  poles  and  wires  to  be  erected  and  maintained  for  the 
purpose  of  supplying  electric  current  which  can  be  used  for  power 
and  heat  and  light  purposes;  and  with  the  right  to  connect  the  wires 
herein  authorized  with  the  generator  or  power  station  or  any  station 
or  power  house  in  connection  with  said  railroad  or  with  any  power 
house  or  station  along  any  line  of  railroad  of  said  company  used  by  it 
in  connection  with  its  cable,  horse  or  electric  system;  and  said  com- 
pany may  convey  said  wires  from  such  power  house  or  station  to  the 
line  of  wire  hereby  authorized  upon  poles  placed  upon  or  along  the 
alleys  of  the  city,  or,  whenever  in  the  judgment  of  the  commissioner 
of  public  works  it  shall  be  impracticable  to  place  such  poles  in  alleys, 
he  may,  for  the  purpose  above  mentioned,  permit  to  be  placed  in 
streets  ornamental  iron  or  steel  poles  of  such  design  and  construc- 
tion as  he  may  approve;  or  said  company  may,  if  the  mayor  and  com- 
missioner of  public  works  consent  thereto,  convey  said  connecting 
wires  in  an  underground  conduit  through  the  streets  or  alleys  of  the 
city  of  Chicago,  which  conduit  shall  be  used  by  the  company  for  the 
purposes  herein  set  forth  only.  Before  making  any  excavation  or  in 
anywise  interfering  with  the  surface  of  any  street  or  alley,  said  com- 
pany shall  obtain  from  the  commissioner  of  public  works  a permit 
therefor,  and  shall  also  deposit  with  the  treasurer  of  the  city  of  Chi- 
cago a sufficient  sum  to  cover  the  cost  of  restoring  such  street  or  alley 
according  to  an  estimate  of  the  probable  cost  thereof  to  be  made  by 
the  commissioner  of  public  works;  and  all  wires  and  conductors  for 
the  transmission  of  electricity  in  and  along  the  street  shall  be  con- 
structed in  a substantial  and  workmanlike  manner  and  under  the  su- 


§ 700]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1657 

pervision  of  the  commissioner  of  public  works,  so  as  to  interfere  as 
little  as  possible  with  the  public  travel.  It  is  hereby  provided  that 
upon  permits  therefor  being  granted  by  the  mayor  and  commissioner 
of  public  works,  the  said  company  may  use  for  its  said  suspension  and 
feeder  wires,  wooded  poles  already  erected  or  a joint  wooded  line  to 
be  erected,  in  the  streets  or  alleys  when  practicable  and  the  owners  of 
said  poles  consent  thereto. 

If  3.  Underground  wires  permitted.]  § 3.  That  said  com- 
pany is  further  hereby  authorized  and  permitted,  upon  the  line  of  a 
street  car  track  hereinbefore  described  and  designated,  to  operate  and 
to  propel  its  said  cars  by  the  underground  electric  system  of  propul- 
sion, and  shall  have  the  right  to  make  the  necessary  excavation  and 
conduit  therefor,  and  to  connect  their  electric  wires  by  substantial  un- 
derground devices,  with  the  generator  or  power  station  or  any  station 
or  car  houses  that  may  be  erected  in  connection  with  said  railroad  or 
with  any  other  power  house  or  station  along  any  of  the  lines  of  road 
of  said  company  used  by  it  in  connection  with  its  cable,  horse  or  elec- 
tric system  and  may  convey  said  wire  from  such  power  houses  or 
stations  to  the  said  line  and  street  by  means  of  suitable  underground 
devices  or  appliances.  All  of  such  appliances  and  devices  to  be  of 
such  character  and  laid  in  such  manner  as  may  be  approved  by  the 
commissioner  of  public  works. 

If  4.  Metallic  return  circuit.]  § 4.  Said  company  shall  es- 
tablish and  maintain  a metallic  return  circuit  conductor  independent 
of  its  rails,  upon  the  line  of  street  railroad  hereby  authorized  to  be 
operated  by  electric  overhead  or  underground  contact  wires. 

Whenever  other  lines  of  wire  cross  the  wires  to  be  strung  by  vir- 
tue of  this  ordinance,  the  latter  wires  shall  be  protected  by  guard  wires 
or  other  suitable  mechanical  device  as  may  be  directed  by  the  com- 
missioner of  public  works. 

If  5.  Street  improvements  and  repairs.]  § 5.  The  permis- 
sion and  authority  hereby  given  are  on  the  further  express  condition 
that  said  company  shall,  and  by  the  acceptance  hereof  said  company 
agrees  that  it  will  pave  and  keep  in  repair  sixteen  (16)  feet  in  width  in 
the  center  of  the  street  so  occupied,  in  manner  as  provided  in  section 
two  (2)  of  the  ordinance  of  July  30,  1883,  relating  to  street  railways. 

If  6.  License  fee.]  § 6.  As  regards  the  license  to  be  paid  on 
the  cars  to  be  operated  on  the  line  herein  provided,  said  company 
shall  conform  to  and  comply  with  section  one  (1)  of  an  ordinance 
passed  July  30,  1883,  relating  to  street  railways. 

IT  7.  Term  of  grant.]  § 7.  The  grant  herein  given  shall  ex- 
tend for  the  term  of  twenty  (20)  years  from  the  passage  hereof;  Pro- 
vided,. the  same  shall  be  accepted  by  said  company  within  thirty  days 
after  its  passage. 

1 8.  Subject  to  general  ordinances.]  § 8.  The  privileges 


1658 


STREET  RAILWAYS. 


01 


hereby  granted  are  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago  now  in  force  or  hereafter  to  be  passed  in  reference  to  street 
railways  of  which  the  line  hereby  authorized  is  an  extension;  but  said 
company  is  hereby  permitted  to  use  upon  the  lines  hereby  authorized 
modern  improved  girder  rails,  and  so  laid  that  the  vehicles  may  freely 
and  safely  cross  said  tracks;  Provided,  however,  that  the  rails  to  be 
used  on  the  tracks  herein  authorized  shall  only  be  such  as  have  been 
first  approved  by  the  commissioner  of  public  works. 

If  9.  Indemnity  clause,]  § 9.  Said  company  shall  forever  in- 
demnify and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  which 
said  city  may  suffer,  or  which  may  be  recoverable  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  the  privileges  hereby 
conferred  upon  it,  or  for  or  by  reason,  or  growing  out  of,  or  resulting 
from  the  exercise  by  said  company  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance,  and  said  company 
shall,  within  the  time  limited  for  the  acceptance  of  this  ordinance,  file 
with  the  city  clerk  a bond  to  the  city  of  Chicago  in  the  penal  sum  of 
one  thousand  dollars  ($1,000),  with  sureties  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  conditioned  upon  the  faithful  perform- 
ance and  observance  by  said  company  of  all  the  conditions  and  pro- 
visions of  this  ordinance. 

TI  10.  When  to  take  effect.]  § 10.  This  ordinance  shall  be 
in  force  and  take  effect  from  and  after  its  passage  and  acceptance  by 
said  company,  provided  the  bond  herein  above  mentioned  shall  be 
filed  and  this  ordinance  accepted  within  thirty  days  after  the  passage 
of  the  same,  otherwise  this  ordinance  to  be  void. 

§ 701.  West  Chicago  Street  Railroad  company. 


IT 

1. 

Grant — term — route. 

IF 

2. 

Motive  power  optional. 

IT 

3- 

Feeder  wires. 

IT 

4- 

Improvement  and  repair  of  streets. 

IT 

5. 

Time  of  completion. 

IT 

6. 

Rate  of  fare. 

IT 

7. 

Tracks,  how  laid. 

IT 

8. 

License  fee. 

IT 

9- 

Cars  to  be  heated. 

nr 

10. 

Indemnity  clause. 

IT 

II. 

Bond. 

IT 

12. 

When  to  take  effect — acceptance. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  and  operate  a street  railway  in  Western  avenue  from  Milwaukee 
avenue  to  Belmont  avenue.  (Passed  October  21,  1895.  Accepted  December 
13,  1895.) 

1"  1.  Grant — term -route.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 


§ 701]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1659 

hereof,  and  the  undertaking  by  the  West  Chicago  Street  Railroad 
Company  to  comply  with  the  provisions  herein  contained,  consent, 
permission  and  authority  are  hereby  granted  to  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  construct,  maintain  and  operate,  for 
the  period  of  twenty  (20)  years  from  and  after  the  date  of  the  passage 
of  this  ordinance,  a double  track  street  railroad  with  all  necessary  and 
convenient  turn-outs,  side-tracks  and  switches  in,  upon  and  along 
Western  avenue,  from  the  south  line  of  Milwaukee  avenue  to  the 
north  line  of  Belmont  avenue,  in  the  city  of  Chicago,  with  the  right 
to  connect  with  other  street  railroad  tracks,  and  to  operate  upon  said 
street  railroad  hereby  authorized,  railway  cars  in  the  manner  and  for 
the  time,  and  upon  the  conditions,  herein  prescribed. 

T 2.  Motive  power  optional.]  § 2.  The  cars  to  be  used  on 
said  lines  of  railroad  hereby  authorized  may  be  propelled  and  operated 
by  cable  power,  electricity,  or  by  any  motive  power  now  authorized 
to  be  used  by  the  West  Chicago  Street  Railroad  Company,  or  by  any 
power  or  plan  which  may  hereafter  be  authorized  by  the  city  council 
of  the  city  of  Chicago. 

IT  3.  Feeder  wires.]  § 3.  For  the  purpose  of  operating  said 
cars,  said  West  Chicago  Street  Railroad  Company  may  make  all  need- 
ful and  convenient  curves,  tracks,  turn  outs,  excavations  and  sewer 
connections;  and  when  electric  or  cable  power  is  used  may  place  all 
needful  and  convenient  poles,  wires  and  other  appliances  in  said  street 
named  herein  as  shall  be  necessary  to  operate  said  railway  and  connect 
the  same  with  any  station  or  stations,  or  with  any  car  house  or  power 
house  of  the  said  West  Chicago  Street  Railroad  Company.  All  such 
work  shall  be  subject  to  the  supervision  of  the  commissioner  of  public 
works. 

The  cars  or  carriages  to  be  used  on  said  railway  line  hereby  au- 
thorized shall  be  kept  clean  and  well  lighted;  and  shall  be  heated  as 
hereinafter  provided. 

T 4.  Improvement  and  repair  of  streets.]  § 4.  The  said 
West  Chicago  Street  Railroad  Company,  as  to  the  part  of  said  street 
in  and  upon  which  its  said  railway  may  be  laid,  shall  keep  sixteen  (16) 
feet  in  width  in  good  condition  and  repair  during  all  the  time  to  which 
the  privileges  hereby  granted  shall  extend,  in  accordance  with  any 
order  or  regulation  which  may  be  adopted  by  the  city  council  in  rela- 
tion to  such  repairs,  and  when  any  new  improvement  shall  be  ordered 
in  any  part  of  said  street  the  company  shall  in  the  manner  which  may 
be  required  of  the  owners  of  the  property  fronting  on  said  part  of  said 
street,  make  such  improvement  for  the  width  of  sixteen  feet,  and  if 
said  company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done  by 
the  city  and  the  company  shall  be  liable  and  pay  the  cost  thereof. 

1 5.  Time  of  completion.]  § 5.  The  tracks  authorized  to  be 
constructed  by  this  ordinance  shall  be  laid  and  completed  within  the 


1660 


STREET  RAILWAYS. 


[§  loi 


period  of  one  year  after  the  passage  and  acceptance  of  this  ordinance. 
If  said  company  shall  fail  to  complete  said  tracks  within  said  time,  the 
rights  and  privileges  hereby  granted  shall  cease  and  determine;  Pro- 
vided, the  sewer  and  water  pipes  shall  have  been  laid,  and  if  not  yet 
laid,  then  within  six  months  after  the  ground  over  said  sewers  and  wa- 
ter pipes  are  in  proper  condition  to  receive  said  track;  and,  provided 
further,  that  if  said  company  shall  be  restrained  or  prevented  from 
proceeding  with  the  work  upon  said  railway  by  the  order  or  writ  of 
any  court  of  competent  jurisdiction,  the  time  during  which  said  com- 
pany may  be  so  delayed  shall  be  added  to  the  time  herein  prescribed 
for  the  completion  of  said  work.  The  city  of  Chicago  shall,  however, 
have  the  right  to  intervene  in  any  suit  for  an  injunction  to  restrain 
the  said  company  as  aforesaid,  and  move  for  the  dissolution  of  said 
injunction,  in  case  said  suit  shall  be  deemed  collusive,  for  the  purpose 
of  delay  or  extending  the  time  for  the  completion  of  said  tracks. 

T 0.  Rate  of  fare.]  § 6.  The  rate  of  fare  to  be  charged  upon 
the  line  of  railway  herein  authorized  shall  be  five  (5)  cents  for  one  con- 
tinuous ride  either  way;  Provided,  however,  that  only  one  fare  shall 
be  required  from  a passenger  for  one  continuous  ride  upon  said  line 
to  or  from  a point  upon  any  connecting  line  operated  by  the  same 
company. 

7.  Tracks,  how  laid.]  § 7.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid  with 
modern  improved  girder  rails,  and  in  such  manner  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  the  same  at  all  points  and 
in  all  directions  without  obstruction,  and  shall  be  also  laid  as  near 
the  center  of  the  stfeet  as  practicable.  Section  1509  of  the  Municipal 
Code  of  Chicago  of  1881,  shall  not  apply  to  the  railroad  tracks  herein 
authorized. 

If  8.  License  fee.]  § 8.  The  said  West  Chicago  Street  Rail- 
road Company  shall  pay  into  the  city  treasury  of  the  city  of  Chicago, 
for  the  use  of  said  city,  the  sum  of  fifty  ($50)  dollars,  as  an  annual  li- 
cense fee  for  each  and  every  car  used  by  said  company  on  each  of  said 
lines  herein  authorized,  in  the  manner  following:  In  computing  the 

number  of  cars  upon  which  said  license  charge  may  be  imposed, 
thirteen  round  trips,  when  one  car  is  used  in  the  transportation  of 
passengers,  shall  be  taken  as  equivalent  to  one  day’s  use  of  the  car; 
one-thirteenth  of  such  round  trips  during  each  quarter  shall  be  divided 
by  the  number  of  days  in  such  quarter,  such  quotient  shall  be  the  num- 
ber of  cars  subject  to  such  license  fee.  The  president  or  other  chief 
officer  of  said  company  shall,  under  oath,  make  report  quarter-yearly 
to  the  comptroller  of  the  city  of  Chicago  of  the  whole  number  of  cars 
so  run  by  said  company,  and  at  same  time  pay  to  the  said  comptroller 
twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  ascertained  as 
above  prescribed  in  this  section.  The  first  quarter  shall  begin  upon 


702] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1661 


the  first  day  upon  which  the  said  company  shall  run  a car  or  cars  for 
the  carriage  of  passengers. 

% 9.  Cars  to  be  heated.]  § g.  The  cars  upon  the  lines  hereby 
authorized  shall  be  provided  during  the  months  of  November,  Decem- 
ber, January,  February  and  March  of  each  year  with  heating  apparatus 
of  a kind  and  nature  which  shall  be  reasonably  effective  in  raising  the 
temperature  of  said  car,  and  heating  the  same;  and  said  apparatus 
shall  be  operated  at  such  times  during  the  months  aforesaid  as  the  na- 
ture of  the  weather  and  the  degree  of  the  temperature  shall  require. 

10.  Indemnity  clause.]  § io.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees  and  costs  and  expenses  whicji  it 
may  suffer,  or  which  may  be  recoverable  or  obtained  against  said  city 
for  or  by  reason  of  the  granting  of  such  privileges,  or  for  or  by  reason 
of,  or  growing  out  of,  or  resulting  from  the  exercise  by  said  company 
of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of  said  com- 
pany, its  servants  or  agents,  under  or  by  virtue  of  the  provisions  of 
this  ordinance. 

11.  Bond.]  §n.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  twenty-five  thousand  (25,000)  dollars,  to  be  ap- 
proved by  the  mayor,  for  the  faithful  observance  and  performance  of 
the  provisions  and  conditions  of  this  ordinance  on  its  part  to  be  ob- 
served and  performed  as  aforesaid. 

T 12.  When  to  take  effect — acceptance.]  § 12.  This  ordi- 
nance shall  take  effect  and  be  in  force  as  soon  as  the  said  West  Chi- 
cago Street  Railroad  Company  shall  file  with  the  city  clerk  its  formal 
acceptance  of  the  same  and  the  bond  as  herein  prescribed;  Provided, 
however,  that  if  said  acceptance  and  bond  shall  not  be  filed  with  the 
said  city  clerk  as  aforesaid  within  sixty  (60)  days  from  the  passage  of 
this  ordinance,  this  ordinance  shall  be  void  and  of  no  effect. 

§ 702.  West  Chicago  Street  Railroad  company. 


IT 

1. 

Grant. 

•[ 

2. 

Route — exceptions. 

IT 

3- 

Tracks,  how  laid. 

IT 

4- 

Street  improvements  and  repairs. 

nr 

5* 

Time  of  completion. 

nr 

6. 

Motive  power  optional — conditions. 

nr 

7- 

Rate  of  fare — transfers. 

nr 

8. 

Indemnity  clause. 

nr 

9- 

License  fee — compensation  to  city. 

nr 

10. 

Bond. 

nr 

11. . 

Term  of  grant. 

nr 

12. 

Electric  cars  on  cable  tracks  to  connect  lines. 

nr 

13- 

When  to  take  effect. 

An  ordinance  granting  permission  to  the  West  Chicago  Street  Railroad  company 
to  construct  and  operate  a street  railway  in  certain  streets  therein  named. 
(Passed  July  27,  1896.  Accepted  August  1,  1896.) 


1662 


STREET  RAILWAYS. 


[§  7°2 


If  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § i.  In  consideration  of  the  acceptance  hereof,  and  the 
undertaking  by  the  West  Chicago  Street  Railroad  Company  to  com- 
ply with  the  provisions  herein  contained,  permission  and  authority 
are  hereby  granted  to  the  said  West  Chicago  Street  Railroad  Com- 
pany, its  successors  and  assigns,  to  lay  down,  maintain  and  operate 
a single  or  double  track  street  railroad,  writh  all  the  necessary  and  con- 
venient turn-outs,  side-tracks  and  switches  in,  along  and  across  cer- 
tain streets  in  the  city  of  Chicago  hereinafter  mentioned,  and  to  con- 
nect at  any  and  all  street  intersections  any  track  or  tracks,  hereby 
authorized  to  be  laid,  with  the  track  or  tracks  of  any  railroad  owned, 
leased  or  operated  by  said  company,  or  any  other  company. 

IT  2.  Route  — exceptions.]  § 2.  Said  West  Chicago  Street 
Railroad  Company  is  hereby  authorized  to  lay  a single  or  double  track 
street  railroad  in,  along  and  across  all  the  following  streets:  In  and 

along  California  avenue,  between  the  south  line  of  Ogden  avenue  and 
the  north  line  of  Kinzie  street;  and  between  the  north  line  of  North 
avenue  and  the  south  line  of  Division  street,  and  between  the  south 
line  of  Armitage  avenue  and  the  north  line  of  Belmont  avenue;  and 
also  in  and  along  Kedzie  avenue,  between  the  south  line  of  Madison 
street  and  the  north  line  of  Chicago  avenue;  and  also  in  and  along 
Kedzie  avenue,  between  the  north  line  of  Twelfth  street  and  the  south- 
erly line  of  Ogden  avenue;  also  in  and  along  Armitage  avenue,  be- 
tween the  northeasterly  line  of  Elston  avenue  and  the  southwesterly 
line  of  Milwaukee  avenue;  and  also  in  and  along  Ashland  avenue, 
between  the  northwesterly  line  of  Blue  Island  avenue  and  the  south 
line  of  Thirty-first  street;  and  also  in  and  along  Augusta  street,  be- 
tween the  easterly  line  of  Elston  avenue  and  the  westerly  line  of 
Crawford  avenue;  and  also  in  and  along  Robey  street,  from  the  pres- 
ent terminus  at  North  avenue  to  Elston  avenue. 

Provided,  however,  in  case  any  other  street  railroad  company  has 
been  heretofore  given  the  right,  by  ordinance,  to  lay  tracks  upon  any 
of  the  streets  covered  by  this  ordinance,  which  right  has  not  been 
forfeited  by  lapse  of  time,  then  as  to  so  much  of  said  streets  as  is  cov- 
ered by  any  such  prior  ordinance  or  ordinances,  the  rights  and  priv- 
ileges granted  by  this  ordinance  shall  be  void  and  of  no  effect,  and 
said  West  Chicago  Street  Railroad  Company  shall  not  have  the  right 
to  lay  any  additional  tracks  on  such  portions  of  said  streets. 

T 3.  Tracks,  how  laid.]  § 3.  The  tracks  of  said  railway  shall 
not  be  elevated  above  the  surface  of  the  street,  and  shall  be  con- 
structed with  modern  improved  rails,  and  so  laid  that  vehicles  may 
freely  and  safely  cross  the  said  tracks,  and  when  two  tracks  are  laid 
in  the  same  street,  the  said  tracks  shall  be  laid  parallel  as  near  as  prac- 
ticable. Section  1509  of  the  Municipal  Code  of  Chicago  of  1881  shall 
not  apply  to  the  railroad  tracks  herein  authorized. 

If  4.  Street  improvements  and  repairs.]  § 4.  The  said  com- 
pany, as  to  the  part  of  said  streets  in  and  upon  which  its  said  several 


§ 702]  "WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1663 

railways  shall  be  laid,  shall  keep  eight  feet  in  width  where  a single 
track  shall  be  laid,  and  sixteen  feet  in  width  where  a double  track 
shall  be  laid,  in  good  condition  and  repair  during  all  of  the  time  to 
which  the  privileges  hereby  granted  shall  extend,  in  accordance  with 
such  ordinances  or  regulations  as  shall  be  passed  or  adopted  by  the 
city  council  in  relation  to  such  repairing,  and  when  any  new  improve- 
ment shall  be  ordered  by  the  city  council  of  any  part  of  said  streets, 
said  railway  company  shall,  in  the  manner  which  may  be  required  by 
the  owners  of  property  fronting  on  said  part  of  such  street,  make  such 
new  improvements  for  the  width  of  eight  feet. where  a single  track 
shall  be  laid,  and  of  sixteen  feet  where  a double  track  shall  be  laid, 
and  if  said  company  shall  fail  or  refuse  so  to  do,  the  same  may  be 
done  by  the  city,  and  the  company  shall  be  liable  to  the  city  for  the 
cost  thereof;  Provided,  however,  that  said  company  shall  pay  to  the 
owner  or  owners  of  property  abutting  on  streets  where  such  tracks 
shall  be  laid,  the  cost  of  improvement  of  eight  feet  in  width  where  a 
single  track  shall  be  laid,  and  sixteen  feet  in  width  where  a double 
track  shall  be  laid,  on  all  such  streets  that  have  been  improved  within 
the  past  year. 

IT  5.  Time  of  completion.]  § 5.  The  several  railways  hereby 
authorized  shall  be  constructed  within  two  years  after  the  passage  of 
this  ordinance,  not  counting  the  months  of  December,  January,  Feb- 
ruary and  March;  Provided,  if  said  company  shall  be  delayed  by  the 
order  or  injunction  of  any  court,  the  time  of  such  delay  shall  be  de- 
ducted from  the  time  above  prescribed,  and  provided,  further,  if  any 
track  or  tracks  herein  authorized  to  be  constructed  shall  not  be  com- 
pleted within  the  time  herein  specified  as  to  every  such  track  or 
tracks  which  shall  not  be  completed  within  the  time  aforesaid,  this 
ordinance  shall  be  null  and  void. 

H 6.  Motive  power  optional — conditions.]  § 6.  The  cars 
may  be  operated  by  cable  or  electric  power  or  by  any  power  said  com- 
pany may  have  the  authority  to  operate  its  cars  with  under  any  ordi- 
nance or  ordinances  of  the  said  city  of  Chicago. 

For  the  purpose  of  operating  said  cars,  said  West  Chicago  Street 
Railroad  Company  may  make  all  needful  and  convenient  curves, 
tracks,  turn-outs,  excavations  and  sewer  connections;  and  when  elec- 
tricity or  cable  power  is  used  may  place  all  needful  and  convenient 
poles,  wires  and  other  appliances  in  said  streets  named  herein  as  shall 
be  necessary  to  operate  said  railway,  and  connect  the  same  with  any 
station  or  stations,  or  with  any  car  house  or  power  house  of  the  said 
West  Chicago  Street  Railroad  Company. 

The  cars  to  be  used  shall  be  of  the  best  style  and  class,  and  shall 
be  used  for  the  transportation  of  passengers  and  their  ordinary  bag- 
gage, and  shall  be  provided  during  the  months  of  November,  De- 
cember, January,  February  and  March  in  each  year  with  heating  ap- 
paratus of  the  kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  in  such  car  and  heating  the  same;  which  said 


1664 


STREET  RAILWAYS. 


heating  apparatus  shall  be  operated  at  such  times  during  said  months 
aforesaid  as  the  nature  of  the  weather  shall  require. 

1"  7.  Rate  of  fare— transfers.]  § 7.  The  rate  of  fare  for  a 
continuous  ride  shall  be  5 cents  for  each  passenger  on  the  said  several 
lines  of  railway  hereby  authorized;  it  being  understood,  however,  that 
the  lines  on  California  avenue,  Kedzie  avenue,  Armitage  avenue  and 
Ashland  avenue  are  extensions  of  lines  on  those  streets;  and  it  is  in- 
tended to  make  the  rate  of  fare  5 cents  for  a continuous  ride  from 
one  end  of  the  line  to  the  other. 

Transfers  on  the  aforementioned  lines  shall  be  given  at  like  street 
crossings  as  is  now  given  on  lines  running  parallel  with  the  lines 
herein  mentioned. 

City  police  and  firemen  in  uniform  shall  be  carried  free  of  charge. 

T 8.  Indemnity  clause.]  § 8.  Said  company  shall  forever  in- 
demnify and  keep  harmless  the  city  of  Chicago  against  and  from  any 
and  all  legal  damages,  judgments,  decrees  and  costs  and  expenses  of 
the  same,  which  it  may  suffer,  or  which  may  be  recovered  or  obtained 
against  the  said  city  for  or  by  reason  of  or  growing  out  of,  or  result- 
ing from  any  act  or  acts  of  said  company,  its  servants  or  agents,  un- 
der or  by  virtue  of  the  provisions  of  this  ordinance. 

If  9.  License  fee — compensation  to  city.]  § 9.  Said  West 
Chicago  Street  Railroad  Company  shall  pay  into  the  city  treasury  of 
the  city  of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty  (50)  dol- 
lars as  an  annual  license  fee  for  each  and  every  car  used  by  said  com- 
pany in  the  manner  following:  In  computing  the  number  of  cars 

upon  which  said  license  charge  may  be  imposed,  thirteen  round  trips, 
when  the  car  is  used  in  the  transportation  of  passengers,  shall  be 
taken  as  equivalent  of  one  day’s  use  of  one  car;  one-thirteenth  (1  -13) 
of  such  round  trips  during  each  quarter  shall  be  divided  by  the  num- 
ber of  days  in  such  quarter,  such  quotient  shall  be  the  number  of  cars 
subject  to  license  fee;  Provided,  however,  that  such  cars  shall  not  al- 
ready be  liable  for  the  payment  of  a license  fee  on  one  of  the  other 
lines  of  this  company  or  its  connections.  The  president  or  other  chief 
officer  of  the  company  shall,  under  oath,  make  report  quarter-yearly 
to  the  comptroller  of  the  city  of  Chicago  of  the  whok:  number  of 
cars  so  run  by  said  company,  and  at  the  same  time  pay  to  said  comp- 
troller twelve  dollars  and  a half  ($12.50)  for  each  car,  to  be  ascertained 
as  above  prescribed  in  this  section.  The  first  quarter  shall  begin  on 
the  first  day  upon  which  said  company  shall  run  a car  or  cars  on  said 
several  railways,  for  the  carriage  of  passengers. 

The  rights  and  privileges  herein  conferred  are  granted  by  the 
city  of  Chicago  and  accepted  by  the  West  Chicago  Street  Railroad 
Company  upon  the  express  condition  and  agreement  that  the  said 
company,  or  its  successors  or  assigns,  shall,  after  the  expiration  of  five 
years  from  the  date  hereof,  annually,  on  the  first  day  of  July  in  each 
year,  pay  into  the  city  treasury  of  the  city  of  Chicago  for  each  and 


§ 7°2] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY 


1665 


every  lineal  mile  of  streets  used  by  the  railway  track  laid  under  the 
provisions  of  this  ordinance,  whether  single  or  double  track,  the  sum 
or  sums  of  money  hereinafter  provided  as  follows:  For  and  during 

the  period  of  five  years  next  following  the  expiration  of  the  five  years 
above  set  forth,  the  sum  of  $300  and  a proportionate  amount  for  any 
fraction  of  a mile;  and  during  the  next  succeeding  period  of  five  years 
the  sum  of  $500  and  a proportionate  amount  for  any  fraction  of  a 
mile;  and  during  the  last  period  of  five  years  the  sum  of  $700  and  a 
proportionate  amount  for  any  fraction  of  a mile. 

T 10.  Bond  .]  § 10.  Said  West  Chicago  Street  Railroad  Com- 

pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  fifty  thousand  (50,000)  dollars,  to  be  approved  by 
the  mayor,  conditioned  for  the  faithful  observance  and  performance 
of  the  conditions  and  provisions  of  this  ordinance,  on  its  part  to  be 
performed  and  observed. 

If  11.  Term  of  grant.]  §11.  All  rights  and  privileges  here- 
by granted  to  and  conferred  upon  the  said  West  Chicago  Street  Rail- 
road Company,  its  successors  and  assigns,  or  intended  so  to  be,  shall 
continue  and  be  in  force  for  the  full  term  and  period  of  twenty  years 
from  and  after  the  passage  of  this  ordinance. 

1”  12.  Electric  cars  on  cable  tracks  to  connect  lines.]  § 12. 
And  permission  and  authority  are  also  hereby  granted  to  said  com- 
pany to  operate  its  electric  cars  over  and  along  any  part  or  parts  of 
its  cable  or  other  tracks,  or  tracks  of  other  companies  upon  obtain- 
ing consent  of  such  other  companies  (^vhich  is  hereby  authorized  and 
permitted)  as  may  be  necessary  in  order  to  connect  the  electric  line 
in  any  street  with  the  electric  line  in  any  other  street;  and  to  place  and 
attach  overhead  wires  to,  and  beneath  any  elevated  railroad  structure 
in  any  street  where  said  company  shall  operate  an  electric  railway, 
upon  obtaining  consent  from  the  elevated  railroad  company  to  at- 
tach such  overhead  wires;  and  to  construct  and  operate  over  and 
across  any  bridge  or  viaduct  and  to  the  end  of  the  farther  approach 
to  such  bridge  or  viaduct,  any  electric  line  of  street  railroad,  in  any 
street  leading  to  any  such  bridge  or  viaduct. 

Provided,  however,  that  nothing  in  this  section  contained  shall  be 
construed  as  an  extension  of  existing  rights  and  privileges  heretofore 
granted  to  said  company  or  to  any  other  company  to  lay,  maintain 
and  operate  street  railway  tracks  in  any  public  streets  of  the  city  of 
Chicago,  and  that  this  ordinance  shall  not  authorize  the  substitution 
of  an  overhead  trolley  line  for  any  portion  of  the  cable  system  of  said 
company,  nor  authorize  the  installation  and  use  of  an  overhead  trolley 
system  in  any  part  of  the  south  division  of  said  city  of  Chicago. 

H 13.  When  to  take  effect.]  § 13.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  filing  of  the  bond 
aforesaid  and  acceptance  by  said  company;  Provided,  however,  that 
if  said  bond  and  acceptance  by  said  company  shall  not  be  filed  with 

105 


1666 


STREET  RAILWAYS. 


[§§  7 °3.  704 


the  city  clerk  within  sixty  days  after  the  passage  hereof,  then  all  of 
the  rights  and  privileges  herein  granted  shall  be  void  and  of  no  effect. 

§ 703.  West  Chicago  Street  Railroad  company. 

An  ordinance  authorizing  the  North  Chicago  Street  Railroad  company  and  the 
West  Chicago  Street  Railroad  company  to  substitute  electricity  as  the 
motive  power  on  all  lines  operated  in  the  south  division.  (Passed  July  27, 
1896.  Accepted  by  each  company  August  1,  1896. 

Note. — See  section  660,  p.  1525. 

§ 704.  West  Chicago  Street  Railroad  company. 


nr 

1. 

Grant — route — term. 

nr 

2. 

Motive  power  optional. 

nr 

3. 

Excavations  and  appliances. 

nr 

4. 

Improvement  and  repair  of  streets. 

nr 

5. 

Time  of  completion. 

nr 

6. 

Rate  of  fare. 

nr 

7* 

Tracks,  how  laid. 

nr 

8. 

License  fee — compensation  to  city. 

nr 

9- 

Cars  to  be  heated. 

nr 

10. 

Indemnity  clause. 

nr  11. 

Bond. 

nr  12. 

When  to  take  effect. 

An  ordinance  authorizing  the^West  Chicago  Street  Railroad  company  to  extend 

its  Armitage  avenue  track.  (Passed  November  9,  1896.) 

1 1.  Grant— route— term.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  §1.  In  consideration  of  the  acceptance  here- 
of and  the  undertaking  by  the  West  Chicago  Street  Railroad  Com- 
pany to  comply  with  the  provisions  hereof,  permission  and  authority 
are  hereby  granted  to  said  company,  its  successors  and  assigns,  to  lay 
down,  construct  and  operate,  for  the  period  from  and  after  the  pas- 
sage of  this  ordinance,  until  such  time  as  the  permission  and  author- 
ity heretofore  given  for  the  maintaining  of  a street  railway  in  Armitage 
avenue,  east  of  West  44th  street  (with  which  the  proposed  street  rail- 
way is  to  connect),  shall  expire,  a double  track  street  railroad,  with 
all  necessary  and  convenient  turn-outs,  side-tracks  and  switches,  in, 
upon  and  along  Armitage  avenue,  between  West  Forty-fourtff  street 
and  the  intersection  of  Armitage  avenue  with  Grand  avenue,  and 
thence  in  and  along  Grand  avenue  to  the  west  line  of  Central  avenue 
in  the  city  of  Chicago,  with  the  right  to  connect  with  other  street 
railroad  tracks  operated  by  said  railroad  company,  whether  owned1, 
leased  or  otherwise  acquired,  and  to  operate  upon  said  street  railway 
hereby  authorized,  railway  cars,  in  the  manner,  for  the  time  and  upon 
the  conditions  herein  prescribed. 

T 2.  Motive  power  optional.]  § 2.  The  cars  to  be  used  on 
said  line  of  railroad  hereby  authorized,  may  be  propelled  and  operated 
by  cable  power,  electricity,  or  by  any  motive  power  now  authorized 
to  be  used  by  the  West  Chicago  Street  Railroad  Company,  or  by  any 
power  or  plan  which  may  hereafter  be  authorized  by  the  city  council 
of  the  city  of  Chicago. 


7°4] 


WEST  CHICAGO  STREET  RAILROAD  COMPANY. 


1667 


If  3.  Excavations  and  appliances.]  § 3.  For  the  purpose  of 
operating  said  cars,  said  West  Chicago  Street  Railroad  Company  may 
make  all  needful  and  convenient  curves,  tracks,  turn-outs,  excavations 
and  sewer  connections;  and  when  electricity  or  cable  power  is  used 
may  place  all  needful  and  convenient  poles,  wires  and  other  appliances 
in  said  street  named  herein  as  shall  be  necessary  to  operate  said  rail- 
way, and  connect  the  same  with  any  station  or  stations,  or  with  any 
car  house  or  power  house  of  the  said  West  Chicago  Street  Railroad 
Company. 

The  cars  or  carriages  to  be  used  on  said  railway  line  hereby  au- 
thorized, shall  be  kept  clean  and  well  lighted,  and  shah  be  heated  as 
hereinafter  provided. 

IT  4.  Improvement  and  repair  of  streets.]  § 4.  The  said 
West  Chicago  Street  Railroad  Company,  as  to  the  part  of  said  street 
in  and  upon  which  its  said  railway  may  be  laid,  shall  keep  sixteen  (16) 
feet  in  width  in  good  condition  and  repair  during  all  the  time  to  which 
the  privileges  hereby  granted  shall  extend;  in  accordance  with  any 
order  or  regulation  that  may  be  adopted  by  the  city  council  in  relation 
to  such  repairs;  and  when  any  new  improvement  shall  be  ordered  in 
any  part  of  said  street,  the  company  shall  in  the  manner  which  may 
be  required  of  the  owners  of  property  fronting  on  said  part  of  said 
streets,  make  such  improvements  for  the  width  of  sixteen  (16)  feet; 
and  if  said  company  shall  refuse  or  fail  so  to  do,  the  same  may  be  done 
by  the  city  and  the  company  shall  be  liable  and  pay  the  cost  thereof. 

T 5.  Time  of  completion.]  § 5.  The  tracks  authorized  to  be 
constructed  by  this  ordinance  shall  be  laid  and  completed  within  the 
period  of  one  year  after  the  passage  and  acceptance  of  this  ordinance. 
If  said  company  shall  fail  to  complete  said  tracks  within  said  time, 
the  rights  and  privileges  hereby  granted  shall  cease  and  determine, 
provided  the  sewer  and  water  pipes  shall  have  been  laid,  and  if  not 
yet  laid,  then  within  six  months  after  the  ground  over  said  sewer  and 
water  pipes  are  in  proper  condition  to  receive  said  track;  and  pro- 
vided further,  that  if  said  company  shall  be  restrained  or  prevented 
from  proceeding  with  the  work  upon  said  railway  by  the  order  or  writ 
of  any  court  of  competent  jurisdiction,  the  time  during  which  said 
company  may  be  so  delayed  shall  be  added  to  the  time  herein  pre- 
scribed for  the  completion  of  said  work.  The  city  of  Chicago  shall, 
however,  have  the  right  to  intervene  in  any  suit  for  an  injunction  to 
restrain  the  said  company,  as  aforesaid,  and  move  for  the  dissolution 
of  said  injunction  in  case  said  suit  shall  be  deemed  collusive,  for  the 
purpose  of  delay  or  extending  the  time  for  the  completion  of  said 
tracks. 

If  6.  Rate  of  fare.]  § 6.  The  rate  of  fare  to  be  charged  upon 
the  line  of  railway  herein  authorized  shall  be  not  exceeding  five  (5) 
cents  for  one  continuous  ride  either  way.  The  rate  of  fare  herein 
specified  shall  pay  for  a continuous  ride  in  either  direction  on  Armi- 
tage  avenue  to  Milwaukee  avenue  or  to  Central  avenue. 


1668 


STREET  RAILWAYS. 


[§  704 


If  7.  Tracks,  how  laid.]  § 7.  The  tracks  of  said  railway 
shall  not  be  elevated  above  the  surface  of  the  street,  and  shall  be  laid 
with  modern  improved  girder  rails,  and  in  such  a manner  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction,  and  shall  be  also 
laid  as  near  the  center  of  the  street  as  practicable.  Section  1509  of  the 
Municipal  Code  of  Chicago  of  1881  shall  not  apply  to  the  railroad 
tracks  herein  authorized. 

If  8.  License  fee— compensation  to  city.]  § 8.  The  said 
West  Chicago  Street  Railroad  Company  shall  pay  into  the  city  treas- 
ury of  the  city  of  Chicago,  for  the  use  of  said  city,  the  sum  of  fifty 
(50)  dollars  as  an  annual  license  fee  for  each  and  every  car  used  by 
said  company  on  each  of  said  lines  herein  authorized,  in  the  manner 
following:  In  computing  the  number  of  cars  upon  which  said  license 
charge  may  be  imposed,  thirteen  round  trips,  when  one  car  is  used  in 
the  transportation  of  passengers,  shall  be  taken  as  equivalent  to  one 
day’s  use  of  the  car;  one-thirteenth  of  such  round  trips  during  each 
quarter  shall  be  divided  by  the  number  of  days  in  such  quarter;  such 
quotient  shall  be  the  number  of  cars  subject  to  such  license  fee.  The 
president  or  other  chief  officer  of  said  company  shall,  under  oath,  make 
report  quarter-yearly  to  the  comptroller  of  the  city  of  Chicago,  of 
the  whole  number  of  cars  so  run  by  said  company,  and  at  the  same 
time  pay  to  the  said  comptroller  twelve  dollars  and  a half  ($12.50)  tor 
each  car  to  be  ascertained  as  above  prescribed  in  this  section.  The 
first  quarter  shall  begin  upon  the  first  day  upon  which  the  said  com- 
pany shall  run  a car  or  cars  for  the  carriage  of  passengers.  In  addi- 
tion to  said  license  fee,  said  railway  company  shall  pay  to  the  city  of 
Chicago,  on  the  first  day  of  January  of  each  year  after  the  passage 
of  this  ordinance,  five  (5)  per  cent  of  the  gross  earnings  of  the  lines 
herein  authorized  to  be  built. 

If  9.  Cars  to  be  heated.]  § 9.  The  cars  upon  the  lines  here- 
by authorized  shall  be  provided  during  the  months  of  November,  De- 
cember, January,  February  and  March  of  each  year  with  heating  ap- 
paratus of  a kind  and  nature  which  shall  be  reasonably  effective  in 
raising  the  temperature  of  said  car  and  heating  the  same;  and  said 
apparatus  shall  be  operated  at  such  times  during  the  months  afore- 
said as  the  nature  of  the  weather  and  the  degree  of  the  temperature 
shall  require. 

IT  10.  Indemnity  clause.]  § 10.  The  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  and  expenses  which 
it  may  suffer,  or  which  may  be  recoverable  or  obtained  against  said 
city  for  or  by  reason  of  the  granting  of  such  privileges,  or  for  or  by 
reason  of,  or  growing  out  of,  or  resulting  from  the  exercise  by  said 
company  of  the  privileges  hereby  granted,  or  from  any  act  or  acts  of 
said  company,  its  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 


§ 704]  WEST  CHICAGO  STREET  RAILROAD  COMPANY.  1669 

If  11.  Bond.]  § 11.  The  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
in  the  penal  sum  of  twenty-five  thousand  (25,000)  dollars,  to  be  ap- 
proved by  the  mayor  for  the  faithful  observance  and  performance  of 
the  provisions  and  conditions  of  this  ordinance  on  its  part  to  be  ob- 
served and  performed  as  aforesaid. 

If  12.  When  to  take  effect.]  § 12.  This  ordinance  shall  take 
effect  and  be  in  force  as  soon  as  the  said  West  Chicago  Street  Railroad 
Company  shall  file  with  the  city  clerk  its  formal  acceptance  of  tne 
same,  and  the  bond  as  herein  prescribed;  Provided,  however,  that  if 
said  acceptance  and  bond  shall  not  be  filed  with  the  city  clerk  as  afore- 
said within  sixty  (60)  days  from  the  passage  of  this  ordinance,  this 
ordinance  shall  be  void  and  of  no  effect. 


CHAPTER  XVII— SWITCH  TRACKS— PRIVATE. 


§ 705.  Frederick  W.  Alwart. 

§ 706.  American  Glue  Works. 

§ 707.  American  Zinc  Lead  company. 

§ 708.  Armour  & Co. 

§ 709.  Jonathan  O.  Armour. 

§ 710.  A.  D.  Baldwin. 

§ 71 1.  A.  D.  Baldwin. 

§ 712.  John  Barzynski  & Co. 

§ 713.  Bemis  & Curtis  Malting  company. 

§ 714.  M.  Benner  & Co. 

§ 715.  Biegler,  Ebertshaeuser  & Findeisen. 

§ 716.  Block,  Poliak  & Co. 

§ 717.  A.  C.  Bracksbush  & Co. 

§ 718.  Brand  & Co. 

§ 719.  Brand,  Bullen  & Gund  company. 

§ 720.  Charles  Bruse  & Co. 

§721.  A.  F.  Bullen  Malting  company. 

§ 722.  George  Bullen  & Co. 

§ 723.  Calumet  & Chicago  Canal  and  Dock  company. 
§ 724.  Ferdinand  E.  Canda. 

§ 725.  The  Carding  Malting  company. 

§ 726.  The  Carding  Malting  company. 

§ 727.  Thomas  Carey. 

$ 728.  Chicago  Bridge  and  Iron  company. 

§ 729.  Chicago  Dock  and  Canal  company. 

§ 730.  Chicago  Dock  and  Canal  company. 

§ 731.  Chicago  Hydraulic  Pressed  Brick  company. 

§ 732.  M.  D.  Coffeen. 

§ 733-  Congdon  Brake  Shoe  company. 

§ 734.  Consolidated  Ice  Machine  company. 

§ 735.  Daniel  Corkery. 

§ 736.  Carl  Corper  Brewing  and  Malting  company. 

§ 737.  Carper  & Nockin. 

§ 738.  William  M.  Criily. 

§ 739.  William  Deering. 

§ 740.  William  Deering  & Co. 

§ 741.  William  Deering  & Co. 

§ 742.  William  Deering  & Co. 

§ 743.  William  Deering  & Co. 

§ 744.  Dolese  & Shepard. 

§ 745.  William  Douglas. 

§ 746.  Dowdle  & McWhirter. 

| 747.  John  J.  Dunn. 

§ 748.  James  G.  Dwen. 

§ 749.  Patrick  Edgeworth. 

§ 750.  W.  Everett  & Son. 

§ 751.  Felix  & Marston. 

§ 752,  Lawrence  J.  Fitzgerald. 

§ 753.  P.  J.  Flynn. 

§ 754.  J.  S.  Ford,  Johnson  & Co. 

§ 755.  Henry  Frerk. 

£ 756.  H.  D.  Fulton. 

$ 757.  Gahan  & Byrne. 

-§  758.  Gail,  Burmiller  & Unzieker. 

1670 


ar.'joncjOKcjrrjOrj'jor.<'jorivTsjori'jVi~/rssr-wr~'frrm'JrsjnKynvnyTjW 


§ 7°s] 


SWITCH  TRACKS PRIVATE. 


1671 


759.  James  B.  Galloway. 

760.  James  B.  Galloway. 

76T.  James  Galvin. 

762.  Garden  City  Sand  company. 

763.  Garden  City  Sand  company. 

764.  P.  W.  Gates  and  others. 

765.  P.  W.  Gates  and  P.  Ft.  W.  & C.  R.  R.  Co. 

766.  P.  W.  Gates  and  others. 

767.  Geist  Brothers  and  Lyendecker  Brothers  & Matt. 

768.  Glover  & Co. 

769.  M.  Gottfried. 

770.  Leo  M.  Hamline. 

771.  P.  C.  Hanford  Oil  company. 

772.  Edward  S.  Hartwell. 

773.  J.  J.  Hayes. 

774.  John  W.  and  James  W.  Hedenberg. 

775.  Ernest  Heldmaier. 

776.  Jefferson  Hodgkins. 

777.  J.  N.  Hostetter. 

778.  George  R.  H.  Hughes. 

779.  Illinois  Steel  company. 

780.  Illinois  Wire  Nail  company. 

781.  Inter  State  Coal  company. 

782.  Inter  State  Coal  company — Amendment. 

783.  Jones  & Laughlin. 

784.  Keeley  Brewing  company. 

785.  Thomas  Kelly. 

786.  Knickerbocker  Ice  company. 

787.  P.  E.  Lane. 

788.  Milwaukee  & St.  Paul  Railway  company. 

789.  Moritz  Passing. 

790.  A.  A.  Libby,  Jr. 

791.  Thomas  Lynch. 

792.  Thomas  R.  Lyon. 

793.  McCormick  Harvesting  Machine  company. 

794.  Ferdinand  McCullock  and  others. 

795.  Ferdinand  McCullock  and  others. 

796.  Michael  C.  McDonald. 

797.  William  McGregor. 

798.  Mahla  & Chappell. 

799.  Mahla  & Chappell. 

800.  William  J.  Moxley. 

801.  L.  Newberg  & Co. 

802.  North-Western  Leather  company. 

803.  Northwestern  Yeast  company. 

804.  O’Connor  & Leeson. 

805.  O’Connor  & Leeson. 

806.  Van  N.  Ogel. 

807.  H.  Paepcke  & Co. 

808.  Paige  Iron  works. 

809.  Elijah  Peacock. 

810.  A.  H.  Peirce  Manufacturing  company. 

81 1.  Peoples  Gas  Light  and  Coke  company. 

$12.  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  Co 

813.  A.  Plamondon. 

814.  A.  Plamondon. 

815.  A.  Plamondon. 

816.  Pullman  Palace  Car  company. 

817.  John  Purcell. 

818.  William  H.  Purdy. 


1672 


SWITCH  TRACKS PRIVATE. 


[§  705 


§ 819.  R.  Rassmussen. 

§ 820.  Rend  & Healy. 

§ 821.  Peter  Schoenhofen  Brewing  company. 

§ 822.  The  Seaman  Cox  Brown  Cooperage  company. 

§823.  George  A.  Seaverns. 

§ 824.  John  G.  Shortall. 

§ 825.  Silver  Creek  & Morris  Coal^company. 

§ 826.  Edgar  M.  Snow  & Co. 

^ 827.  Star  Coal  company. 

§ 828.  George  Steele  and  Isaac  Taylor. 

§ 829.  David  A.  Stevens. 

§ 830.  Streets  Stable  Car  line. 

§ 831.  Susmilich  Bros. 

§ 832.  Swedish  Ceramic  Manufacturing  company. 

§ 833.  Ernst  Fosetti  Brewing  company. 

§ 834.  William  F.  Tucker. 

$ 835.  Tucker  Track. 

§ 836.  Tudor  Buggy  company. 

§ 837.  Union  Iron  and  Steel  company  and  L.  & A.  R.  R.  Co. 
§ 838.  Union  Planing  Mill  company. 

§ 839.  Van  der  Meer  & Roosma. 

§ 840.  Albert  H.  Veeder. 

| 841.  Vierling,  McDowell  & Co. 

§ 842.  Ward  & Gaensslen. 

§ 843.  E.  N.  Weart  & Co. 

§ 844.  Weaver  & Ford. 

§ 845.  Wolf  Maize  Mills  company. 

§ 846.  M.  W.  Wolf. 

§ 847.  L.  Wolff  Manufacturing  company. 

§ 848.  John  A.  Yale  and  others. 

§ 849.  John  A.  Yale  and  others. 

£ 850.  Herman  M.  Zapel. 


FREDERICK  W.  ALWART. 

§ 705.  Frederick  W.  Alwart. 

Tf  1.  Grant — bond. 

Tf  2.  Subject  to  modification,  etc. 

If  3.  Removal  at  expiration  of  grant. 

if  4.  Grant  20  years. 

if  5.  When  in  force — acceptance. 

An  ordinance  granting  permission  and  authority  to  Frederick  W.  Alwart  to  lay 
down  and  operate  a switch  track  across  Herndon  avenue.  (Passed  March  8, 
1895.) 

t 1.  Grant — bond.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby  given 
and  granted  to  Frederick  W.  Alwart,  his  heirs,  grantees  and  assigns, 
to  lay  down,  maintain  and  operate  a single  railroad  track  from  and 
connecting  with  the  Evanston  division  of  the  Chicago,  Milwaukee  & 
St.  Paul  railroad  at  a point  one  hundred  and  ninety  (190)  feet  south 


§ 7°5] 


FREDERICK  W.  ALWART. 


1073 


of  the  south  line  of  George  street  and  running  thence  on  a gradual 
curve  in  a northwesterly  direction  over  and  across  Herndon  avenue 
to  and  over  the  east  fifteen  (15)  feet  of  lots  five  (5),  4,  3,  2 and  1,  in 
subdivision  of  block  7,  in  Lill  and  Diversey’s  subdivisions  of  the  north- 
west quarter  of  section  twenty-nine  (29),  township  40  N.,  range  14 
east  of  the  3rd  P.  M. 

Provided,  however,  that  said  Alwart,  his  heirs,  grantees  and  as- 
signs, shall,  before  laying  said  track,  enter  into  a bond  with  the  city 
of  Chicago  in  the  sum  of  ten  thousand  dollars  ($10,000),  to  be  ap- 
proved by  the  mayor,  and  conditioned  to  hold  and  save  the  said  city 
of  Chicago  harmless  from  all  damages,  costs  and  expense  whatsoever 
in  consequence  of  the  passage  of  this  ordinance  and  the  granting  of 
the  privileges  hereinbefore  mentioned;  and,  Provided,  that  the  privi- 
leges hereby  granted  shall  be  subject  to  all  ordinances  concerning 
railways  now  in  force  or  that  may  be  passed  hereafter;  that  said  Al- 
wart, his  heirs,  grantees  and  assigns,  shall  plank  the  said  street  be- 
tween the  tracks  hereby  authorized  to  be  built,  and  to  keep  same  in 
good  repair,  under  the  direction  of  proper  city  officers;  that  no'  trams 
shall  be  permitted  to  stand  on  the  street,  nor  shall  any  cars  be  per- 
mitted to  stand  on  the  street,  nor  shall  any  cars  be  permitted  to  be 
loaded  or  unloaded  on  the  street  occupied  by  said  tracks;  and  Pro- 
vided, further,  that  said  tracks  shall  be  laid  down  and  maintained 
under  the  direction  and  supervision  of  the  department  of  public 
works,  and  that  switching  shall  not  be  done  thereon  between  the  hour 
of  10  p.  m.  and  the  hour  of  6 a.  m.  thereafter. 

IF  2.  Subject  to  modification,  etc.]  § 2.  This  ordinance 
shall,  at  any  time  before  the  expiration  thereof,  be  subject  to  modifica- 
tion, amendment  or  repeal,  and  in  case  of  repeal,  all  privileges  hereby 
granted  shall  cease  and  determine. 

T 3.  Removal  at  expiration  of  grant.]  § 3.  In  case  of  the 
expiration  of  this  ordinance  by  lapse  of  time  or  repeal,  said  Alwart, 
his  heirs,  grantees  and  assigns,  shall  at  his  or  their  own  expense  and 
cost  cause  said  track  to  be  removed,  and  the  part  of  said  street  so  oc- 
cupied by  said  track  to  be  placed  in  such  repair  and  condition  as  the 
department  of  public  works  may  require;  and  if  said  Alwart,  his  heirs, 
grantees  and  assigns,  shall  fail  to  remove  said  track  and  restore  the 
part  of  said  street  used  therefor,  as  herein  provided,  then  the  said  city 
of  Chicago  may,  within  ten  days  after  notice  to  said  Alwart,  his  heirs, 
grantees,  assigns  or  bondsman,  remove  said  track  and  restore  the  part 
of  the  street  so  occupied  by  said  track  to  such  a condition  as  it  may 
elect,  at  the  expense  and  cost  of  said  Alwart,  his  heirs,  grantees  and 
assigns,  which  expense  and  cost  said  Alwart,  for  himself,  his  heirs,  as- 
signs and  grantees,  in  accepting  this  ordinance  agrees  to  pay  on  de- 
mand. 

1 4.  Grant  20  years.]  § 4.  The  rights  and  privileges  hereby 


1674 


SWITCH  TRACKS — PRIVATE. 


granted  shall  cease  and  determine  at  the  expiration  of  twenty  (20) 
years  from  the  passage  hereof. 

1 5.  When  in  force— acceptance.]  § 5.  This  ordinance  shall 

be  in  force  and  effect  after  its  passage,  publication  and  acceptance  by 
said  Alwart. 


AMERICAN  GLUE  WORKS. 

§ 706.  American  Glue  Works. 

If  1.  Loomis  street. 

If  2.  Grant  ten  years. 

IT  3.  Subject  to  ordinances. 

If  4.  Street  repair. 

IT  5.  Expiration  of  right — alley  restored. 

1[  6.  When  in  force. 

An  ordinance  granting  permission  to  the  American  Glue  Works  to  lay  down  and 
operate  a railroad  track.  (Passed  May  20,  1895.) 

IT  1.  Loomis  Street.]  ge  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  is  hereby  given  and  granted 
to  the  American  Glue  Works  to  lay  down,  construct  and  maintain  a 
single  railroad  track  and  operate  cars  thereon,  to,  from  and  con- 
necting with  the  railroad  tracks  now  used  and  operated  by  the  Union 
Stock  Yards  and  Transit  Company  Railroad  on  Loomis  street,  said 
track  is  to  cross  Loomis  street  at  a point  about  75  feet  south  from 
the  corner  of  Forty-fifth  street  to  the  northerly  entrance  of  the  alley 
between  Gross  street  and  Loomis  street  in  the  subdivision  of  lots  six 
(6)  to  fifteen  (15)  and  forty-five  (45)  to  fifty-four  (54)  all  inclusive,  in 
block  one  (1)  of  S.  E.  Gross’  subdivision,  as  shown  by  the  plat  hereto 
attached  and  fiiade  a part  of  this  ordinance,  marked  “A,”  thence  fol- 
lowing the  center  of  said  alley  to  a point  278  feet  from  Loomis  street 
aforesaid. 

If  2.  Grant  10  years— bond.]  § 2.  Said  grant  is  to  be  for  a 
term  of  ten  (10)  years  from  and  after  the  passage  of  this  ordinance; 
Provided,  that  the  said  American  Glue  Works  shall  enter  into  bonds 
in  the  penal  sum  of  five  thousand  (5,000)  dollars  with  the  city  of  Chi- 
cago, to  be  approved  by  the  mayor,  to  hold  and  save  the  city  harm- 
less from  all  damages,  expense  and  expenses  from  or  by  this  ordi- 
nance. 

Tf  3.  Subject  to  ordinances.]  § 3.  The  privileges  hereby 
granted  shall  be  subject  to  the  ordinances  now  in  force  concerning 
railroads  or  which  may  hereafter  be  passed. 

IT  4.  Street  repair.]  § 4.  The  said  American  Glue  Works 
shall  keep  so  much  of  said  alley  and  the  said  crossing  at  Loomis 


§ 7°7] 


AMERICAN  ZINC  LEAD  COMPANY. 


1G75 


street  as  shall  be  occupied  by  said  track  in  such  condition  and  repair 
as  it  may  be  directed  by  the  department  of  public  works. 

If  5.  Expiration  of  right— alley  restored.]  § 5.  At  the.  ex- 
piration of  this  ordinance  by  lapse  of  time  or  otherwise,  the  said  Amer- 
ican Glue  Works  will,  without  expense  to  the  city  of  Chicago,  re- 
move said  track  from  said  street  and  alley,  and  in  default  thereof,  the 
department  of  public  works  shall  cause  the  same  to  be  taken  up  and 
removed  at  the  expense  of  the  said  American  Glue  Works. 

*[f  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


AMERICAN  ZINC  LEAD  COMPANY. 

§ 707.  American  Zinc  Lead  company. 

If  1.  Grant  10  years. 

\ 2.  Track  on  grade — bond — plank  and  repair  street. 

3.  When  in  effect — acceptance. 

An  ordinance  granting  the  American  Zinc  Lead  company  the  right  to  lay  a rail- 
^ road  track  across  Wallace  street.  (Passed  April  n,  1892.  Accepted  April 

18,  1892.) 

T 1.  Grant  10  years.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  a right  of  way  be  and  the  same  is 
hereby  granted,  for  a period  of  ten  years  from  the  passage  of  this  or- 
dinance, to  the  American  Zinc  Lead  Company,  of  Boston,  Massa- 
chusetts, to  lay  a railroad  track,  as  follows:  Commencing  at  a point 

in  the  west  line  of  Wallace  street,  between  53rd  and  54th  streets,  and 
connecting  with  the  track  of  the  Chicago  and  Western  Indiana  Rail- 
road, so  as  to  allow  cars  to  pass  with  safety  across  Wallace  street  to 
land  owned  and  occupied  by  said  American  Zinc  Lead  Company,  and 
being  the  east  half  of  block  one  (1)  in  Putnam’s  subdivision  in  the 
southwest  quarter  of  the  southwest  quarter  of  section  nine  (9),  town- 
ship thirty-eight  (38)  north,  range  fourteen  (14)  east  of  the  third  prin- 
cipal meridian. 

If  2.  Track  on  grade — bond— plank  and  repair  street.]  § 2. 

That  said  railroad  track,  when  laid  as  provided  in  section  1,  shall  be 
on  a grade  with  the  tracks  of  said  railroad  company;  Provided,  that, 
before  laying  such  track,  said  American  Zinc  Lead  Company  shall 
enter  into  a bond  to  the  city  of  Chicago,  with  two  or  more  sureties  to 
be  approved  by  the  mayor,  in  the  penal  sum  of  ten  thousand  dollars 
($10,000),  conditioned  to  save  the  said  city  harmless  from  any  and  all 
damages  which  may  arise  from  or  grow  out  of  the  privileges  hereby 
granted,  or  the  laying  or  operating  of  said  track;  Provided,  further, 
that  said  American  Zinc  Lead  Company,  or  their  assigns,  shall  plank 


1676 


SWITCH  TRACKS — PRIVATE. 


the  said  street  between  the  tracks  hereby  authorized  to  be  laid  and 
to  keep  the  same  in  good  repair,  under  the'direction  of  the  proper  city 
authorities. 

IT  3.  When  in  effect —acceptance.]  § 3.  This  ordinance 
shall  be  in  force  from  and  after  its  acceptance  by  the  said  parties 
named  in  section  1 hereof. 


ARMOUR  & CO. 

§ 708.  Armour  & Co. 

If  1.  Grant — bond — street  repair. 

*i\  2.  Subject  to  all  ordinances. 

If  3*  Privilege  to  extend  io  years, 
if  4.  In  effect,  when. 

An  ordinance  granting  permission  to  Armour  & Co.  to  lav  down  and  operate  a 
side  track  on  Hawthorne  avenue.  (Passed  December  4,  1890.) 

1 1.  Grant— bond — street  repair.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  Permission  and  authority  is 
hereby  granted  to  Armour  & Co.  to  lay  down  and  operate  a railroad 
track  on  Hawthorne  avenue  from  a point  on  the  eastern  track  of  the 
Chicago,  Milwaukee  & St.  Paul  Railway,  which  point  is  ten  (10)  feet 
northwest  of  the  westerly  line  of  North  Halsted  street,  and  running 
thence  in  a northerly  direction  along  the  easterly  side  of  said  Haw- 
thorne avenue  to  a point  opposite  the  northerly  line  of  premises  now 
owned  by  Jonathan  O.  Armour*  which  line  is  one  hundred  and  eighty- 
three  (183)  feet  northwest  from  the  northerly  corner  of  North  Halsted 
street  and  Hawthorne  avenue;  Provided,  that  before  laying  such  track 
said  Armour  & Co.  shall  enter  into  a bond  to  the  city  of  Chicago, 
with  two  or  more  sureties  to  be  approved  by  the  mayor,  in  the  penal 
sum  of  $2,000,  and  conditioned  to  save  the  city  harmless  from  any  and 
all  damages,  costs  and  expenses  which  may  arise  from  or  grow  out 
of  the  privilege  hereby  granted,  or  the  laying  or  operating  of  such 
track;  and  provided,  further,  that  said  Armour  & Co.,  or  their  suc- 
cessors, shall  plank  the  said  street  between  the  tracks,  hereby  author- 
ized to  be  laid,  and  keep  the  same  in  good  repair,  under  the  direction 
of  the  proper  city  authorities. 

^f  2.  Subject  to  all  ordinances.]  § 2.  The  privilege  hereby 
granted  shall  be  subject  to  all  ordinances  concerning  railroads  now  in 
force,  or  which  may  be  hereafter  passed. 

1 3.  Privilege  to  extend  10  years.]  § 3.  The  rights  and  priv- 
ileges hereby  granted  shall  cease  and  determine  at  the  expiration  of 
ten  (10)  years  from  the  passage  hereof. 


§ 7°9] 


JONATHAN  O.  ARMOUR. 


1677 


H 4.  In  effect,  when.]  § 4.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


JONATHAN  O.  ARMOUR. 

§ 7°9-  Jonathan  O.  Armour. 

Tf  1.  Grant — route — bond— conditions. 

Tf  2.  Modification,  amendment,  etc. 

Tf  3.  Expiration  of  term — duty  of  grantee. 

Tj  4.  Cessation  of  privilege. 

5.  Acceptance. 

An  ordinance  granting  permission  and  authority  to  Jonathan  O.  Armour  to  lay 
down  and  operate  a switch  track  across  Wilmot  avenue.  (Passed  May  25, 
1891.  Accepted  May  28,  1891.) 

T 1.  Grant — route— bond— conditions.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  is  hereby 
given  and  granted  to  Jonathan  O.  Armour,  his  grantees  and  assigns, 
to  lay  down,  maintain  and  operate  a single  railroad  track,  from  and 
connecting  with  the  Chicago  & Council  Bluffs  division  of  the  Chi- 
cago, Milwaukee  & St.  Paul  Railroad,  at  a point  one  hundred  (100) 
feet  east  of  the  northeast  line  of  Wilmot  avenue;  thence  on  a gradual 
curve  in  a westerly  direction  over  and  across  the  south  ten  (10)  feet 
of  lot  three  (3)  in  block  twenty-two  (22),  in  Young  trustee’s  subdivis- 
ion of  blocks  twenty-one  (21)  and  twenty-two  (22),  in  Pierce’s  addi- 
tion to  Holstein,  to  the  eastern  line  of  North  Leavitt  street,  in  said 
city  of  Chicago;  Provided,  however,  that  said  Armour  shall,  before 
laying  said  track,  enter  into  a bond  with  the  city  of  Chicago  in  the 
sum  of  ten  thousand  dollars  ($10,000),  to  be  approved  by  the  mayor, 
to  hold  and  save  the  city  of  Chicago  harmless  from  all  damages,  costs 
and  expenses  whatsoever,  in  consequence  of  the  passage  of  this  or- 
dinance granting  the  privileges  hereinbefore  mentioned;  Provided, 
further,  that  the  privileges  hereby  granted  shall  be  subject  to  all  or- 
dinances concerning  railroads  now  in  force  or  which  may  be  passed 
hereafter,  and  that  said  Armour,  and  his  grantees  and  assigns,  shall 
plank  the  said  street  and  alley  between  the  tracks  hereby  authorized  to 
be  laid,  and  keep  the  same  in  good  repair  under  the  direction  of  the 
proper  city  officers.  No  cars  shall  be  permitted  to*  stand  on  the  street, 
nor  shall  any  cars  be  loaded  or  unloaded  upon  the  streets  occupied 
by  said  tracks;  Provided,  further,  that  said  track  shall  be  laid  down 
and  maintained  under  the  direction  and  supervision  of  the  department 
of  public  works. 

1 2.  Modification,  amendment,  etc.]  § 2.  This  ordinance 
shall,  at  any  time  before  the  expiration  thereof,  be  subject  to  modi- 


1678  SWITCH  TRACKS PRIVATE.  [§  710 

fication,  amendment  or  repeal  and,  in  case  of  repeal,,  all  privileges 
hereby  granted  shall  cease  and  determine. 

If  3.  Expiration  of  term — duty  of  grantee.]  § 3.  In  case  of 
the  expiration  of  this  ordinance,  by  lapse  of  time  or  in  case  of  repeal, 
said  Armour,  his  grantees  and  assigns  shall,  at  his  or  their  own  ex- 
pense, cause  said  track  to  be  removed  and  the  part  of  the  street  so  oc- 
cupied by  said  track  to  be  placed  in  such  repair  and  condition  as  the 
department  of  public  works  may  require,  and  if  the  said  Armour,  his 
grantees  and  assigns  shall  fail  so  to  remove  said  track  and  restore  the 
part  of  the  street  used  therefor  as  herein  provided,  then  the  city  of 
Chicago  may,  within  ten  (10)  days  after  notice  to  said  Armour,  his 
grantees  and  assigns  or  his  bondsmen,  remove  said  track  and  re- 
store the  part  of  the  street,  so  occupied  by  said  track,  to  such  condi- 
tion as  it  may  elect,  at  the  expense  and  cost  of  the  said  Armour,  his 
grantees  and  assigns,  which  expense  and  cost  said  Armour  for  him- 
self and  his  grantees  and  assigns,  in  accepting  this  ordinance,  agrees 
to  pay  on  demand. 

1 4.  Cessation  of  privilege.]  § 4.  The  right  and  privilege 
hereby  granted  shall  cease  and  determine  at  the  expiration  of  twenty 
(20)  years  from  the  passage  hereof. 

1 5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  and 
effect  from  and  after  its  passage,  publication  and  acceptance  by  said 
Armour. 


A.  D.  BALDWIN. 


IT  1. 

it  2. 

ir  3. 
IT  4. 
IT  5. 


D.  Baldwin. 

Forty-third  street. 

Street  repair. 

Bond. 

Grant  20  years. 

When  in  force— acceptance. 


An  ordinance  granting  permission  to  A.  D.  Baldwin  to  lay  down  and  maintain 
a switch  track.  (Passed  June  10,  1895.) 


T 1.  Forty-third  street.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  First — That  permission  be,  and  hereby  is 
granted  to  A.  D.  Baldwin,  of  the  city  of  Chicago,  to  lay  down,  main- 
tain and  operate  one  railroad  switch  track  upon  and  across  Forty- 
third  street,  at  a point  about  nine  hundred  and  eighty  feet  west  of 
the  west  line  of  Ashland  avenue. 

If  2.  Street  repair.]  Second — The  said  A.  D.  Baldwin  shall 
keep  such  portion  of  said  street  as  shall  be  so  occupied  by  said  switch 
track,  in  good  order  and  repair,  under  the  supervision  of  the  depart- 


§ 7 1 1 ] 


A.  D.  BALDWIN. 


1679 


ment  of  public  works,  and  shall,  in  all  respects,  comply  with  the  ordi- 
nances of  the  city  of  Chicago  in  the  maintenance  and  operation  of 
said  switch  track. 

f 3.  Bond.]  Third — This  permission  and  authority  is  made 
upon  the  further  condition  that  said  A.  D.  Baldwin  shall  give  bond, 
in  the  sum  of  five  thousand  dollars,  with  one  or  two  sureties,  to  be 
approved  by  the  mayor,  conditioned  to  keep  the  ci-ty  of  Chicago  harm- 
less of  and  from  all  damages,  costs  and  expenses  whatsoever  arising 
from  this  grant. 

IT  4.  Grant  20  years.]  Fourth — The  rights  and  privileges 
hereby  granted  shall  cease  and  determine  at  the  expiration  of  twenty 
years  from  the  passage  hereof. 

T 5.  When  in  force— acceptance.]  Fifth — This  ordinance 
shall  be  in  force  from  and  after  its  passage  and  acceptance. 

§711.  A.  D.  Baldwin. 

TT  1.  Forty-fourth  and  Paulina  streets. 

2.  Street  repair — compliance  with  ordinance. 

Hi  3.  Bond. 

Hf  4.  Grant  to  cease  on  June  io,  1915. 

Ht  5.  When  in  force. 

An  ordinance  granting  permission  to  A.  D.  Baldwin  to  lay  down  and  operate  a 
switch  track.  (Passed  April  8,  1897.) 

1 1.  Forty-fourth  and  Paulina  streets.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  First — That  permission  be  and 
hereby  is  granted  to  A.  D.  Baldwin,  of  the  city  of  Chicago,  to  lay 
down,  maintain  and  operate  one  railroad  switch  track  upon  and  across 
Forty-fourth  street,  at  a point  about  nine  hundred  and  eighty  feet 
west  of  the  west  line  of  Ashland  avenue;  also  across  Paulina  street  at 
a point  about  two  hundred  feet  south  of  the  south  line  of  Forty-fourth 
street,  as  a continuation  and  extension  of  switch  track  already  con- 
structed across  Forty-third  street  under  prior  ordinance  of  the  city 
of  Chicago. 

1 2.  Street  repair— compliance  with  ordinance.]  Second — 
The  said  A.  D.  Baldwin  shall  keep  such  portion  of  said  street  as 
shall  be  so  occupied  by  said  switch  track  in  good  order  and  repair, 
under  the  supervision  of  the  department  of  public  works,  and  shall 
in  all  respects  comply  with  the  ordinances  of  the  city  of  Chicago,  in 
the  maintenance  and  operation  of  said  switch  track. 

Hf  3.  Bond.]  Third — This  permission  and  authority  is  made 

upon  the  further  condition  that  said  A.  D.  Baldwin  shall  give  bond,  ’in 
the  sum  of  five  thousand  dollars,  with  one  or  two  sureties,  to  be  ap- 
proved by  the  mayor,  conditioned  to  keep  the  city  of  Chicago  harm- 
less of  and  from  all  damages,  costs  and  expenses  whatsoever  arising 
from  this  grant. 

If  4.  Grant  to  cease  on  June  10,  1915.]  Fourth  — The 


1G80  SWITCH  TRACKS — PRIVATE.  [§  7 1 2 

rights  and  privileges  hereby  granted  shall  cease  and  determine  on  the 
ioth  day  of  June,  A.  D.  1915. 

IF  5.  When  in  force.]  Fifth — This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


JOHN  BARZYNSKI  & CO. 

§ 712.  John  Bargyski  & Co. 

1.  Route — bond — repairs. 

\ 2.  Grant  ten  years. 

] 3.  Subject  to  modification  or  repeal. 

4.  Removal  of  track  at  expiration  of  grant. 

Tf  5.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  John  Barzynski  & Co.  to  construct  and 
maintain  a single  switch  track.  (Passed  July  9,  1888.  Accepted  July  18,  1888.) 

1 1.  Route— bond— repairs.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  permission  is  hereby  given  and 
granted  to  John  Barzynski  and  Julian  L.  Sledzianowski,  composing 
the  firm  of  John  Barzynski  & Company,  today  down,  construct,  main- 
tain and  operate  a single  spur  railroad  track,  from  and  connecting  with 
the  most  easterly  side  track,  of  the  railway  tracks  now  used  and  oper- 
ated by  the  Chicago  and  Northwestern  Railway  Company,  between 
North  avenue  and  Wabansia  avenue,  beginning  at  a point  about  one 
hundred  and  sixty  (160)  feet  north  of  the  north  line  of  North  avenue, 
and  extending  on  a curve  of  about  three  hundred  (300)  feet  radius 
across  the  alley  between  the  railway  tracks  now  used  and  operated  by 
said  railway  company  and  lot  one  (1)  in  the  Chicago  Disjilling  Com- 
pany’s subdivision  of  block  nineteen  (19),  in  Sheffield’s  addition  to 
Chicago,  to  and  ending  on  lot  thirty-six  (36)  of  said  block,  shown  by 
the  plat  hereto  attached  and  made  a part  of  this  ordinance,  marked 
“A”  to  “B.”  Provided,  however,  that  the  said  John  Barzynski  and 
Julian  L.  Sledzianowski  shall,  before  laying  down  said  track,  enter  into 
a bond  with  the  city  of  Chicago'  in  the  sum  of  five  thousand  dollars 
($5,000),  to  be  approved  by  the  mayor,  to  hold  and  save  the  city  of 
Chicago  harmless  from  all  damages,  costs  and  expenses  whatsoever, 
in  connection  with  the  passage  of  this  ordinance  granting  the  privilege 
hereinbefore  mentioned. 

Provided,  further,  that  the  privileges  hereby  granted  shall  be  sub- 
ject in  all  respects  to  all  ordinances  now  in  force  or  which  may  here- 
after be  passed  concerning  railroads;  and  that  the  said  John  Barzynski 
and  Julian  Sledzianowski  shall  keep  so  much  of  said  alley  as  shall  be 
occupied  by  said  track  in  such  condition  and  repair  as  they  may  be 
directed  by  the  department  of  public  works;  Provided,  that  said  tracks 


§7i3] 


BEMIS  & CURTIS  MALTING  COMPANY. 


1681 


shall  be  laid  down  and  maintained  under  the. direction  and  supervision 
of  the  department  of  public  works. 

T 2.  Grant  ten  years.]  § 2.  The  rights  and  privileges  here- 
by granted  shall  cease  and  determine  at  the  expiration  of  ten  (10) 
years  from  the  passage  hereof. 

1 3.  Subject  to  modification  or  repeal.]  § 3.  This  ordi- 
nance shall  at  any  time  before  the  expiration  thereof  be  subject  to 
modification,  amendment,  or  repeal,  and  in  the  case  of  repeal  all  pro- 
visions hereby  granted  shall  cease  and  determine. 

1"  4.  Removal  of  track  at  expiration  of  grant.]  § 4.  In 
case  of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of 
repeal,  said  John  Barzynski  and  Julian  L.  Sledzianowski  shall,  at  their 
own  expense,  cause  said  tracks  to  be  removed,  and  the  part  of  the 
alley  so  occupied  by  said  tracks,  be  placed  in  such  repair  and  condition 
as  the  department  of  public  works  may  require.  And  if  the  said1  John 
Barzynski  and  Julian  L.  Sledzianowski  shall  fail  to  so  remove  said 
tracks  and  to  restore  said  alley  as  herein  provided  for,  then  the  city  of 
Chicago  may  within  ten  days  after  notice  to  the  said  John  Barzynski 
and  Julian  L.  Sledzianowski,  or  their  bondsmen,  remove  said  track  and 
restore  the  part  of  the  alley  so  occupied  by  said  track  to  such  condition 
as  they  may  elect,  at  the  cost  and  expense  of  the  said  John  Barzynski 
And  Julian  L.  Sledzianowski,  which  cost  and  expense  the  said  John 
Barzynski  and  Julian  L.  Sledzianowski  in  accepting  this  ordinance 
agree  to  pay  on  demand. 

1 5.  When  in  force— acceptance.]  § 5.  This  ordinance  shall 
be  in  force  from  and  after  its  passage  and  its  acceptance  by  the  said 
Barzynski  and  Sledzianowski. 


BEMIS  & CURTIS  MALTING  COMPANY. 

§ 713.  Bemis  & Curtis  Malting  Company. 

IF  1.  Grant. 

Ij-  Bond — subject  to  ordinances — subject  to  amendment  or  repeal 
— term  io  years — duty  as  to  removal. 

If  3.  Acceptance. 

An  ordinance  granting  to  the  Bemis  & Curtis  Malting  company  the  right  to  lay 
a switch  track  across  Bliss  street.  (Passed  November  14,  1892.  Accepted 
November  17,  1892.) 

1 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  is  hereby  given  and 

granted  to  the  Bemis  & Curtis  Malting  Co.  to  construct,  maintain 

and  operate  a single  switch  track  across  Bliss  street,  between  Cherry 
106 


1682 


SWITCH  TRACKS PRIVATE. 


street  and  Hickory  avenue,  said  switch  track  to  extend  from  the  center 
of  a fourteen  foot  private  alley  on  the  west  side  of  said  Bliss  street, 
which  said  alley  commences  at  a point  one  hundred  (ioo)  feet  north- 
eastwardly from  said  Cherry  street  and  said  switch  track,  thence  to 
cross  said  Bliss  street  parallel  with  the  north  line  of  said  Cherry  street. 

If  2.  Bond — subject  to  ordinances — subject  to  amendment  or 
repeal— term  10  years — duty  as  to  removal.]  § 2.  The  permis- 
sion hereby  granted  to  the  said  Bemis  & Curtis  Malting  Co.  is  upon 
the  following  express  condition: 

First — A bond  in  the  sum  of  five  thousand  (5,000)  dollars,  with 
approved  security,  shall  be  given  by  the  said  Bemis  & Curtis  Malting 
Co.  to  the  city  of  Chicago,  which  said  bond  shall  be  approved  by  the 
mayor  of  said  city  and  conditioned  to  hold  the  city  of  Chicago  harm- 
less in  consequence  of  the  passage  of  this  ordinance. 

Second — The  privilege  hereby  granted  shall  be  enjoyed  subject 
to  all  ordinances  now  in  force  concerning  railroads,  or  which  may  be 
hereafter  passed  regulating,  or  in  any  manner  concerning  the  track 
laid  in  conformity  with  this  ordinance. 

Third — That  this  ordinance  shall  ?.t  all  times  be  subject  to  amend- 
ment or  repeal,  and  it  is  expressly  limited  to  a period  of  ten  (io)  years 
from  the  passage  hereof,  and  at  the  expiration  of  ten  (10)  years,  or 
sooner  if  this  ordinance  shall  be  repealed,  then  said  Bemis  & Curtis 
Malting  Co.  shall  take  up  and  remove  said  track  within  five  (5)  days 
after  notice  by  the  department  of  public  works,  and,  in  case  of  refusal 
to  comply  with  said  notice,  the  city  may  remove  the  same  and  place 
the  street  occupied  by  said  track  in  condition  to  correspond  with  the 
other  parts  of  the  street,  and  the  expense  of  such  removal  by  the  city 
shall  be  paid  by  said  Bemis  & Curtis  Malting  Co. 

If  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  the  Bemis  & Curtis  Malting 
Co.  and  the  filing  and  approving  of  the  bond  herein  provided  for,  pro- 
vided the  same  be  so  filed  and  approved  within  thirty  (30)  days  from 
the  passage  thereof. 


M.  BENNER  & CO. 

§ 714.  M.  Benner  & Co. 

Tf  1.  Across  Sixteenth  and  Laflin  streets — conditions, 
f 2.  Acceptance. 

An  ordinance  permitting  M.  Benner  & Co.  to  lay  down  and  operate  a single  rail- 
__  ~ road  track.  (Passed  June  26,  1890.) 

*[[  1.  Across  Sixteenth  and  Laflin  streets— conditions.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago.  § 1.  That  per- 


§7i5] 


BIEGLER,  EBERTSHAEUSER  & FINDEISEN. 


1683 


mission  is  hereby  granted  to  M.  Benner  & Co.  to  lay  down,  construct, 
and  maintain  and  operate,  for  a period  of  ten  (io)  years  from  the 
passage  of  this  ordinance,  a single  railroad  track,  from  and  connecting 
with  the  tracks  of  the  Chicago,  Burlington  & Quincy  railroad,  com- 
mencing at  a point  on  the  east  bound  freight  track  of  Chicago,  Bur- 
lington & Quincy  railroad  about  260  feet  east  of  Laflin  street,  across 
private  property  of  said  railroad  company  and  across  Sixteenth  and 
Laflin  streets  to  the  private  property  of  said  M.  Benner  & Co.;  Pro- 
vided, however,  that  said  M.  Benner  & Co.  shall  before  laying  said 
track  enter  into  a bond  with  the  city  of  Chicago  in  the  sum  of  ten 
thousand  dollars  ($10,000),  to  be  approved  by  the  mayor  to  hold  and 
save  the  city  of  Chicago  harmless  from  all  damages,  costs  and  ex- 
* penses  whatsoever  in  consequence  of  the  passage  of  this  ordinance 
granting  the  privileges  hereinbefore  mentioned;  Provided,  further, 
that  the  privileges  hereby  granted  shall  be  subject  in  all  respects  to  all 
ordinances  now  in  force  or  which  may  hereafter  be  passed  concerning 
railroads,  and  that  said  M.  Benner  & Co.  shall  keep  so  much  of  said 
Laflin  and  Sixteenth  streets  as  shall  be  occupied  by  said  track  in  such 
condition  and  repair  as  may  be  directed  by  the  department  of  public 
works.  No  cars  shall  be  permitted  to  stand  on  the  street,  nor  shall 
any  car  be  unloaded  or  loaded  upon  the  street  occupied  by  said  track; 
Provided,  that  said  tracks  shall  be  laid  down  and  maintained  under 
the  direction  and  supervision  of  the  department  of  public  works;  and 
provided,  if  said  M.  Benner  & Co.  shall  violate  any  of  the  provisions 
or  conditions  of  this  section  then  the  department  of  public  works  may 
tear  up  and  remove  the  tracks  hereby  authorized  to  be  laid,  and  the 
cost  thereof  to  the  city  shall  be  paid  by  said  M.  Benner  & Co. 

If  2.  Acceptance.]  §.  2.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  of  said  M.  Benner  & Co. 


BIEGLER,  EBERTSHAEUSER  & FINDEISEN. 

§ 715.  Biegler,  Ebertshaeuser  & Findeisen. 

IT  1.  Cherry  avenue — bond — street  repair. 

2.  Grant  ten  years. 

3-  Subject  to  modification  or  repeal. 

11  4-  Removal  of  track— restoration  of  street, 
t 5*  When  in  force — acceptance. 

An  ordinance  granting  permission  to  Biegler,  Ebertshaeuser  & Findeisen  to  lav 
down  and  maintain  a single  switch  track.  (Passed  April  7,  1888.  Accepted 
April  16,  1888.) 

t 1.  Cherry  avenue— bond— street  repair.]  Be  it  ordained 
by  the  city  council  of  the  city  of.  Chicago:  § i.  That  permission  is 


1684 


SWITCH  TRACKS PRIVATE. 


[§  715 


hereby  given  and  granted  to  Peter  J.  Biegler,  Henry 
Ebertshaeuser  and  Carl  Findeisen,  composing  the  firm  of  Biegler, 
Ebertshaeuser  and  Findeisen,  and  their  successors  and  assigns, 
to  lay  down,  construct,  maintain  and  operate  a single 

railroad  track  from  and  connecting  with  the  tracks  of  the 
Chicago,  Milwaukee  and  St.  Paul  Railroad  Company  (under  an 
ordinance  concerning  the  Chicago  and  Pacific  Railroad  Company  and 
the  Chicago  and  Evanston  Railroad,  passed  June  12,  1872,)  on  Cherry 
avenue  at  a point  directly  opposite  the  southeast  corner  of  lot  4,  block 
76,  Elston’s  addition  to  Chicago,  east  J4,  southeast  J4,  section  5,  T. 
39  N.  R.  14,  east,  thence  on  a gradual  curve  in  and  to  the  center  of  lot 
1,  block  76,  Elston’s  addition  to  Chicago  ; Provided,  however,  that  said 
Biegler,  Ebertshaeuser  and  Findeisen  shall,  before  laying  said  track,' 
enter  into  a bond  with  the  city  of  Chicago  in  the  sum  of  ten  thousand 
dollars  ($10,000),  to  be  approved  by  the  mayor,  to  hold  and  save  the 
city  of  Chicago  harmless  from  all  damages,  costs  and  expenses  what- 
soever, in  consequence  of  the  passage  of  this  ordinance,  granting  the 
privileges  hereinbefore  mentioned;  Provided,  further,  that  the  privi- 
leges hereby  granted  shall  be  subject  in  all  respects  to  all  ordinances 
now  in  force  or  which  may  hereafter  be  passed  concerning  railroads, 
and  that  said  Biegler,  Ebertshaeuser  and  Findeisen,  their  successors 
and  assigns,  shall  keep  so  much  of  said  Cherry  avenue  as  shall  be  oc- 
cupied by  said  track  in  such  condition  and  repair  as  may  be  directed 
by  the  department  of  public  works.  No  cars  shall  be  permitted  to 
stand  on  the  streets,  nor  shall  any  cars  be  unloaded  or  loaded  upon  the 
streets  occupied  by  said  tracks;  Provided,  that  said  track  shall  be  laid 
down  and  maintained  under  the  direction  and  supervision  of  the  de 
partment  of  public  works. 

If  2.  Grant  ten  years.]  § 2.  The  rights  and  privileges  here- 
by granted  shall  cease  and  determine  at  the  expiration  of  ten  (10) 
years  from  the  passage  hereof. 

1 3.  Subject  to  modification  or  repeal.]  § 3.  This  ordi- 
nance shall  at  any  time  before  the  expiration  thereof  be  subject  to 
modification,  amendment  or  repeal,  and,  in  case  of  repeal,  all  privi- 
leges hereby  granted  shall  cease  and  determine. 

1 4.  Removal  of  track — restoration  of  street.]  § 4.  In 

case  of  the  expiration  of  this  ordinance  by  lapse  of  time  or  in  case  of 
repeal,  said  Biegler,  Ebertshaeuser  and  Findeisen,  their  successors  and 
assigns,  shall,  at  their  own  expense,  cause  said  track  to  be  removed, 
and  the  part  of  the  street  so  occupied  by  said  track  to  be  placed  in  such 
repair  and  condition  as  the  department  of  public  works  may  require; 
and  if  the  said  Biegler,  Ebertshaeuser  and  Findeisen,  their  successors 
and  assigns,  shall  fail  so  to  remove  said  track  and  so  restore  said  street 
as  herein  provided,  then  the  city  of  Chicago  may,  within  ten  (10)  days 
after  notice  to  the  said  Biegler,  Ebertshaeuser  and  Findeisen,  their 


7i6,  717] 


A.  C.  BRACKSBUSH  & CO. 


1685 


successors  and  assigns,  or  their  bondsmen,  remove  said  track  and  re- 
store the  part  of  the  street  so  occupied  by  said  track  to  such  condition 
as  it  may  elect  at  the  expense  and  cost  of  the  said  Biegler,  Eberts- 
haeuser  and  Findeisen,  which  cost  and  expense  said  Biegler,  Eberts- 
haeuser  and  Findeisen  in  accepting  this  ordinance  agrees  to  pay  on 
demand. 

I-  5.  When  in  force — acceptance.]  § 5.  This  ordinance  shall 
be  in  force  from  and  after  its  passage  and  acceptance  by  said  Biegler, 
Ebertshaeuser  and  Findeisen  and  due  publication  thereof. 


BLOCK,  POLLAK  & CO. 

§ 716.  Block,  Poliak  & Co. 

1.  Wallace  street — use  of  street  and  crossing — revocation  of  per- 
mit, removal  of  track. 

An  ordinance  granting  permit  to  Block.  Poliak  & Co.  to  lay  side  tracks. 

(Adopted  May  24,  1887.) 

If  1.  Wallace  street— use  of  street  and  crossings— revoca- 
tion of  permit — removal  of  track.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Lake:  § 1.  That  the  petition  of  Block,  Pol- 

iak & Co.  to  lay  certain  side  tracks  and  switches  in  a portion  of  Wal- 
lace street  and  52nd  street,  as  shown  by  the  plat  accompanying  said 
petition,  be,  and  the  same  is  hereby  granted;  Provided,  that  said  streets 
be  kept  open  and  free  for  traffic  by  said  petitioners  and  that  proper 
approaches  and  crossings  be  built  and  kept  in  repair  by  said  petition- 
ers, when  and  in  the  manner  prescribed  by  the  town  engineer,  and 
furthermore,  that  the  board  of  trustees  of  the  town  of  Lake  may  at 
any  time  revoke  this  permit  and  that  said  petitioners  agree  to  remove 
said  tracks  and  switches  within  thirty  days  after  such  revocation. 


A.  C.  BRACKSBUSH  & CO. 


IT  1. 

nr  2. 

nr  3- 
IT  4- 

nr  5. 


C.  Bracksbush  & Co. 

Herndon  street  and  Oakdale  avenue  and  alleys. 

Bond — subject  to  ordinances. 

Repair  of  street  crossings — sidewalk  on  Herndon  street. 
Subject  to  repeal. 

When  in  force. 


1G86 


SWITCH  TRACKS PRIVATE. 


[§  717 


An  ordinance  permitting  and  authorizing  A.  C.  Bracksbush  & Co.  to  lay  down 

and  maintain  a railroad  track  on  Herndon  street.  (Passed  and  approved 

November  1,  1886.) 

If  1.  Herndon  street  and  Oakdale  avenue  and  alleys.]  Be 

it  ordained  by  the  board  of  trustees  of  the  town  of  Lake  View:  § 1. 

That  permission  and  authority  are  hereby  given  to  A.  C.  Brackebush 
& Co.  and  their  assigns,  to  lay  down  and  maintain  a single  railroad 
track,  and  to  operate  thereon  cars,  by  steam  or  horse  power  on  a line 
described  as  follows;  to  wit:  Commencing  from  a point  about  fifty 

feet  south  of  the  south  line  of  Wellington  avenue  and  connecting  with 
the  Chicago  and  Evanston  Railroad  tracks,  now  in  Herndon  street,  and 
the  center  line  of  said  track  extending  thence  across  Herndon  street 
to  within  eleven  (1 1)  feet  of  its  eastern  line,  thence  running  south  in 
a straight  line  parallel  to  the  said  east  line  of  Herndon  street,  and 
eleven  (11)  feet  distant  therefrom,  and  crossing  Oakdale  avenue  to 
the  north  line  of  George  street,  with  full  authority  to  cross  all  intersect- 
ing alleys  on  said  line. 

T 2.  Bond — subject  to  ordinances.]  § 2.  The  authority  and 
permission  hereby  given  are  upon  the  express  condition  that  the  said 
A.  C.  Brackebush  & Co.  shall  enter  into  bonds  in  the  sum  of  ten 
thousand  dollars  ($10,000)  with  the  town  of  Lake  View,  the  sureties 
on  said  bond  to  be  approved  by  the  supervisor  of  the  said  town,  and 
conditioned  to  hold  and  save  harmless  the  said  town  of  Lake  View 
from  all  damages,  expenses,  consequences  arising  from  or  incidental 
to  the  laying,  maintaining  or  operating  said  railroad;  and  conditioned 
further  for  the  faithful  performance  of  all  the  terms  and  conditions  of 
this  ordinance,  and  that  the  permission  and  authority  hereby  granted 
are  also  subject  to  the  ordinances  now  in  force,  or  which  may  be  here- 
after passed  concerning  railroads,  and  also  all  ordinances  that  may  be 
passed  regulating  in  any  way  the  track  laid  in  conformity  with  the  or- 
dinances which  regulate  the  operation  of  the  same. 

1[  3.  Repair  of  street  crossings— sidewalk  on  Herndon 
street.]  § 3.  Said  A.  C.  Brackebush  & Co.,  or  their  assigns,  shall 
maintain  all  street  crossings,  so  that  teams  and  wagons  can  at  all  times 
readily  pass  and  repass  over  the  same;  and  said  A.  C.  Brackebush  & 
Co.  shall  build  a sidewalk  of  3-inch  plank  from  the  building  line  on 
the  east  side  of  Herndon  street  to  the  east  line  of  said  switch  from  the 
end  of  the  present  walk  south  of  Wellington  street,  south  to  the  north 
line  of  Lincoln  avenue. 

If  4.  Subject  to  repeal.]  § 4.  This  ordinance  shall  be  at  all 
times  subject  to  repeal  by  the  board  of  trustees  of  the  town  of  Lake 
View,  or  any  subsequent  legislative  authority. 

T S.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


§ 7iS] 


BRAND  & CO. 


1687 


BRAND  & CO. 

§ 718.  Brand  & Co. 

1.  On  Snow  street  and  across  Elston  avenue — grant  20  years — bond. 

^ 2.  Repair  of  culverts,  crosswalks  or  plankings. 

\ 3.  Removal  of  tracks  at  expiration  of  grant. 

4.  When  in  force. 

An  ordinance  to  allow  Brand  & Co.  to  lay  tracks  connecting  the  C.  & N.  W.  R. 

R.  with  Brand’s  Brewery.  (Passed  December  13,  1880.) 

11.  On  Snow  street  and  across  Elston  avenue— grant  20 
years  — bond.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  are  hereby  given  to 
Michael  Brand,  Rudolph  Brand  and  Frank  J.  Davis,  composing  the 
firm  of  M.  Brand  & Co.,  to  lay  down,  and  maintain  a single  railroad 
track,  and  to  operate  thereon  cars  with  horse  power,  from  some  point 
on  the  line  of  the  Chicago  & Northwestern  Railroad,  northwesterly 
of  the  middle  line  of  Snow  street  in  the  city  of  Chicago,  and  to  con- 
nect with  said  Chicago  & Northwestern  Railroad  tracks,  and  thence 
along  said  Snow  street  on  the  northerly  side  of  the  middle  of  said 
street  easterly  across  Elston  avenue  to  the  property  known  as  Brand’s 
brewery,  situate  between  Elston  avenue  and  the  north  branch  of  the 
Chicago  river,'  the  privilege  and  permission  hereby  given  to  continue 
twenty  years;  Provided,  however,  that  said  M.  Brand  & Co.  shall 
enter  into  bonds  with  said  city  of  Chicago,  to  be  approved  by  the 
commissioner  of  the  department  of  public  works,  in  the  sum  of  ten 
thousand  dollars,  to  hold  and  save  harmless  the  said  city  from  ail 
damages,  expenses  or  consequences  arising  from  or  incident  to  the 
laying,  maintaining  or  operating  said  railroad;  And  provided,  further, 
that  the  privileges  hereby  granted  shall  be  enjoyed  subject  to  all  ordi- 
nances now  in  force  concerning  railroads  or  which  may  be  hereafter 
passed,  and  also  all  ordinances  that  may  be  passed  regulating  in  any 
way  the  track  laid  in  conformity  with  this  ordinance  or  which  regulate 
the  operating  of  the  same. 

1 2.  Repair  of  culverts,  crosswalks  or  plankings.]  § 2. 

The  track  shall  be  laid  on  the  northerly  side  of  Snow  street,  and  at 
the  crossing  of  Elston  avenue  said  M.  Brand  & Co.  shall  construct, 
lay  down  and  keep  in  good  repair  such  culverts,  crosswalks  or  plank- 
ings as  the  commissioner  of  the  department  of  public  works  may  di- 
rect, and  shall  conform  to  such  rules  and  regulations  as  the  said  com- 
missioner may  make  for  the  laying  down  of  the  track,  and  shall  fill, 
grade  or  pave  and  keep  in  repair  the  portions  of  said  streets  occupied 
by  them,  and  when  the  city  council  or  said  commissioner  shall  order 
and  direct,  and  said  track  shall  be  so  laid  that  teams  and  wagons  can 
easily  and  readily  pass  and  re-pass  the  same  at  all  times. 

1 3.  Removal  of  tracks  at  expiration  of  grant.]  § 3.  The 
said  M.  Brand  & Co.  shall,  at  the  expiration  of  the  term  aforesaid, 
or  sooner  if  so  ordered  by  the  city  council,  at  their  own  expense,  take 


1688 


SWITCH  TRACKS PRIVATE. 


[§  719 


up  and  remove  said  track  from  said  streets,  or  in  default  of  so  doing, 
the  department  of  public  works  may  cause  the  same  to  be  taken  up 
and  removed  at  the  expense  of  said  M.  Brand  & Co.,  their  successors 
or  assigns. 

1~  4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


BRAND,  BULLEN  & GUND  COMPANY. 

§ 719.  • Brand,  Bullen  & Gund  Company. 

IF  1.  Route. 

IT  2.  Condition  as  to  laying  track. 

IF  *3.  Provision  for  elevation  of  track 
4.  Bond. 

IF  5-  Subject  to  repeal. 

Tf  6.  Grant  io  years — removal. 

An  ordinance  granting  permission  and  authority  to  Brand,  Bullen  & Gund  com- 
pany to  construct  and  maintain  one  switch  track  across  Rockwell  street. 

(Passed  March  29,  1897  ) 

T 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  are 

hereby  granted  to  Brand,  Bullen  and  Gund  Company,  and  its  assigns, 
to  lay  down,  maintain  and  operate  one  switch  track  from  the  tracks 
of  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Com- 
pany (Chicago  division)  at  some  point  on  the  easterly  line  of  Rock- 
well street  between  the  point  at  which  the  northerly  line  of  lot  six- 
teen (16)  in  block  one  (1)  in  Cook  & Anderson’s  subdivision  of  the 
west  half  (W.  Y)  of  the  northeast  quarter  (N.  E.  Y)  of  section  twen- 
ty-four (24),  township  thirty-nine  (39)  north,  range  thirteen  (13)  east  of 
the  third  principal  meridian,  would,  if  produced,  intersect  the  said 
easterly  line  of  the  said  Rockwell  street,  and  a point  on  the  said  easter- 
ly line  of  said  Rockwell  street,  eighty-seven  (87)  feet  six  (6)  inches 
south  of  the  last-named  point,  over  and  across  the  said  Rockwell 
street,  to  said  lot  sixteen  (16)  and  lot  seventeen  (17)  in  block  one  (1) 
in  the  said  Cook  & Anderson’s  subdivision,  as  shown  upon  the  plat 
or  drawing  filed  herewith,  marked  “Exhibit  A.” 

1 2.  Condition  as  to  laying  track.]  § 2.  That  the  rights 
and  privileges  hereby  granted  are  upon  the  express  condition  that 
said  track  shall  be  laid  down,  maintained  and  operated  in  such  manner 
as  shall  interfere  as  little  as  practicable  with  the  rights  of  the  public, 
and  shall  be  subject  to  all  general  ordinances  now  in  force  or  here- 
after to  be  passed  relating  to  the  use  or  operation  of  switch  tracks, 


§ 72°] 


CHARLES  BRUSE  & CO. 


1689 


and  all  work  done  in  pursuance  hereof  shall  be  done  under  the  direc- 
tion and  superintendence  of  the  commissioner  of  public  works. 

1 3.  Provision  for  elevation  of  track.]  § 3.  That  the  per- 
mission hereby  granted  is  upon  the  further  express  condition  that  the 
said  Brand,  Bullen  and  Gund  Company  shall  elevate  the  said  track 
when  so  required  by  the  commissioner  of  public  works. 

IT  4.  Bond.]  § 4.  That  the  permission  hereby  granted  is  upon 
the  further  express  condition  that  the  said  Brand,  Bullen  and  Gund 
Company,  and  its  assigns,  using  and  operating  the  track  aforesaid, 
shall  keep  and  save  harmless  the  city  of  Chicago  from  any  and  all 
damages,  costs  and  expenses  whatever  arising  out  of  the  use  and  op- 
eration of  said  track,  and  the  said  Brand,  Bullen  and  Gund  Company 
shall  give  a bond,  with  one  or  more  sureties,  to  be  approved  by  the 
mayor,  in  the  penal  sum  of  five  thousand  (5,000)  dollars,  for  the  ful- 
fillment of  the  conditions  of  this  grant  and  permission. 

IT  5.  Subject  to  repeal.]  § 5.  That  this  ordinance  and  the 
privilege  hereby  granted  is  accepted  subject  to  the  right  of  the  city 
council  to  repeal  the  same  whenever  the  use  and  maintenance  of  said 
track  shall  be  in  violation  of  any  reasonable  regulation  imposed  by 
the  said  commissioner  of  public  works  in  relation  thereto,  or  upon  a 
violation  of  any  of  the  conditions  hereof. 

IT  6.  Grant  10  years— removal.]  § 6.  That  this  grant  or  per- 
mission is  hereby  expressly  limited  to  a period  of  ten  (10)  years  from 
the  passage  hereof,  and  at  the  expiration  of  said  ten  (10)  years,  or 
sooner,  if  this  ordinance  should  be  repealed,  the  said  Brand,  Bullen 
and  Gund  Company,  its  successors  or  assigns,  shall  take  up  and  re- 
move said  track  within  five  days  after  notice  by  the  commissioner 
of  public  works,  and  in  case  of  failure  or  refusal  to  comply  with  said 
notice,  then  the  city  may  remove  the  same  at  the  expense  of  the  person 
or  persons,  firm  or  corporation,  then  using  the  same. 


CHARLES  BRUSE  & CO. 

§'720.  Charles  Bruse  & Co. 

^1  1.  Grant — route — conditions. 

2.  Rights  cease  after  ten  years, 
if  3.  Rights  may  become  null  and  void,  when, 
if  4.  Removal  of  track,  restoration  of  street, 
if  5.  Acceptance. 

An  ordinance  permitting  Charles  Bruse  & Co.  to  construct  and  maintain  a single 
railroad  track  across  Hilliard  avenue.  (Passed  June  20,  1892.  Accepted 
July  13,  1892.) 

1 1.  Grant  — route  — conditions.]  Be  it  ordained  by  the  city 


1690 


SWITCH  TRACKS PRIVATE. 


[§  720 


council  of  the  city  of  Chicago:  § 1.  That  permission  is  hereby 

granted  to  Charles  Bruse  & Co.  to  lay  down,  construct,  maintain  and 
operate  a single  railroad  track  from  and  connecting  with  the  tracks  of 
the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railroad  Company 
at  a point  near  the  west  line  of  Hilliard  avenue;  thence,  on  a gradual 
curve,  across  said  Hilliard  avenue  to  the  west  line  of  lot  fifteen  (15) 
in  subdivision  of  lots  one  (1)  to  four  (4)  and  thirteen  to  thirteen  (13) 
in  block  four  (4)  of  Hilliard  and  Litt’s  subdivision  in  section  seventeen 
(17),  township  thirty-seven  (37)  north,  range  fourteen  (14)  east  of  the 
third  principal  meridian;  thence  over  and  upon  the  private  property 
of  said  Charles  Bruse  & Co.;  Provided,  however,  that  said  Charles 
Bruse  & Co.  shall,  before  laying  said  track  across  said  Hilliard  avenue, 
enter  into  bond  with  the  said  city  of  Chicago  in  the  sum  of  ten  thou- 
sand (10,000)  dollars,  to  be  approved  by  the  mayor,  to  hold  and  save 
the  city  of  Chicago  harmless  from  all  damages  caused  and  expenses 
occasioned  in  consequence  of  the  passage  of  this  ordinance  granting 
the  privilege  hereinbefore  mentioned;  Provided,  further,  that  the  priv- 
ileges hereby  granted  shall  be  subject  in  all  respects  to  all  ordinances 
now  in  force  or  which  may  be  hereafter  passed  concerning  railroads, 
and  that  said  Charles  Bruse  & Co.  shall  keep  so  much  of  said  Hilliard 
avenue  as  shall  be  occupied  by  said  switch  track  in  such  condition  and 
repair  as  may  be  directed  by  the  department  of  public  works.  No  cars 
shall  be  permitted  to  stand  on  the  street,  nor  shall  any  car  be  unloaded 
or  loaded  upon  the  street  occupied  by  said  track;  Provided,  that  said 
track  shall  be  laid  down  and  maintained  under  the  direction  and  su- 
pervision of  the  department  of  public  works. 

1 2.  Rights  cease  after  ten  years.]  § 2.  The  rights  and 
privileges  hereby  granted  shall  cease  and  determine  at  the  expiration 
of  ten  years  from  the  passage  hereof,  and  this  ordinance  shall,  at  alT 
times  before  the  expiration  thereof,  be  subject  to  modifications,  amend- 
ment or  repeal,  and  in  case  of  repeal  the  privileges  hereby  granted 
shall  cease  and  determine. 

IT  3.  Rights  may  become  null  and  void,  when.]  § 3.  In 

case  said  Charles  Bruse  & Co.  shall  violate  any  of  the  provisions  and 
conditions  of  this  ordinance,  then  said  ordinance  and  all  rights  and 
privileges  herein  granted  shall  be  null  and  void.  The  department  of 
public  works  may  remove  the  track  hereby  authorized  to  be  laid  and 
the  cost  thereof  shall  be  paid  by  said  Charles  Bruse  & Co. 

1 4.  Removal  of  track  -restoration  of  street.]  § 4.  In  case 
of  the  expiration  of  this  ordinance  said  Charles  Bruse  & Co.  shall, 
at  their  own  expense,  cause  said  track  to  be  removed  and1  the  part  of 
the  street  so  occupied  by  said  track  to  be  placed  in  such  repair  and 
condition  as  the  department  of  public  works  may  require,  and,  if  the 
said  Charles  Bruse  & Co.  shall  fail  to  remove  said  tracks  and  so  re- 
store said  street  as  herein  provided,  then  the  city  of  Chicago  may 
within  ten  (10)  days  after  notice  to  said  Charles  Bruse  & Co.,  or 


§ 72i] 


A,  *F.  BULLEN  MALTING  COMPANY. 


1691 


their  bondsmen,  remove  said  track  and  restore  the  part  of  said  street 
so  occupied  by  said  track  to  such  condition  as  it  may  elect,  at  the  ex- 
pense and  cost  of  said  Charles  Bruse  & Co.,  which  said  Charles  Bruse 
& Co.  in  accepting  this  ordinance  agree  to  pay  on  demand. 

1 5.  Acceptance.]  g 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Charles  Bruse  & Co. 


A.  F.  BULLEN  MALTING  COMPANY. 

§ 721.  A.  T.  Bullen  Malting  Company. 

T[  1.  Rockwell  street. 

IT  2.  Subject  to  ordinances. 

Tj  3.  Bond. 

•ff  4.  Subject  to  repeal. 

5.  Grant  io  years — removal  of  tracks. 

An  ordinance  granting  permission  to  construct  and  maintain  switch  tracks,  not 
exceeding  two  in  number,  across  Rockwell  street.  (Passed  May  13,  1895.) 

11  1.  Rockwell  street.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the 

same  are  hereby  granted  to  A.  F.  Bullen  Malting  Co.  and  its  assigns 
to  lay  down,  maintain  and  operate  switch  tracks,  not  exceeding  two 
in  number,  from  the  tracks  of  the  Pittsburg,  Cincinnati,  Chicago  and 
St.  Louis  Railway  Company  (Chicago  division)  at  some  point  on  the 
easterly  line  of  Rockwell  street  between  the  point  at  which  the  north- 
erly line  of  lot  sixteen  (16)  in  block  one  (1)  in  Cook  & Anderson’s 
subdivision  of  the  west  half  (W.  J4)  of  the  northeast  quarter  (N.  E.  *4) 
of  section  twenty-four  (24),  township  thirty-nine  (39)  north,  range 
thirteen  (13),  east  of  the  third  principal  meridian,  would,  if  produced, 
intersect  the  said  easterly  line  of  the  said  Rockwell  street,  and  a point 
on  the  said  easterly  line  of  said  Rockwell  street,  sixty-six  (66)  feet 
south  of  the  said  last-named  point,  over  and  across  the  said  Rockwell 
street,  to  said  lot  sixteen  (16)  and  lot  seventeen  (17)  in  block  one  (1) 
in  the  said  Cook  & Anderson’s  subdivision,  as  shown  upon  the  plat  or 
drawing  filed  herewith,  marked  “Exhibit  A.” 

2.  Subject  to  ordinances.]  § 2.  That  the  rights  and  privi- 
leges hereby  granted  are  upon  the  express  condition  that  said  tracks 
shall  be  laid  down,  maintained  and  operated  in  such  manner  as  shall 
interfere  as  little  as  practicable  with  the  rights  of  the  public,  and  shall 
be  subject  to  all  general  ordinances  now  in  force  or  hereafter  to  be 
passed  relating  to  the  use  or  operation  of  switch  tracks,  and  all  work 
done  in  pursuance  hereof  shall  be  done  under  the  direction  and  su- 
perintendence of  the  commissioner  of  public  works. 


1692 


SWITCH  TRACKS PRIVATE. 


22 


1 3.  Bond.]  § 3.  That  the  permission  hereby  granted  is  upon 
the  further  express  condition  that  the  said  A.  F.  Bullen  Malting  Co.; 
and  its  assigns,  using  and  operating  the  track  aforesaid,  shall  keep 
arid  save  harmless  the  city  of  Chicago  from  any  and  all  damages, 
costs  and  expenses  whatever  arising  out  of  the  use  and  operation  of 
said  tracks,  and  the  said  A.  F.  Bullen  Malting  Co.  shall  give  a bond, 
with  one  or  more  sureties,  to  be  approved  by  the  mayor,  in  the  penal 
sum  of  five  thousand  (5,000)  dollars,  for  the  fulfillment  of  the  condi- 
tions of  this  grant  or  permission. 

*r  4.  Subject  to  repeal.]  § 4.  That  this  ordinance  and  the 
privilege  hereby  granted  is  accepted  subject  to  the  right  of  the  city 
council  to  repeal  the  same  whenever  the  use  and  maintenance  of  said 
track  shall  be  in  violation  of  any  reasonable  regulation  imposed  by  the 
said  commissioner  of  public  works  in  relation  thereto,  or  upon  a vio- 
lation of  any  of  the  conditions  hereof. 

1 5.  Grant  10  years— removal  of  tracks.]  § 5.  That  this 
grant  or  permission  is  hereby  expressly  limited  to  a period  of  ten  (10) 
years  from  the  passage  hereof,  and  at  the  expiration  of  said  ten  (10) 
years,  or  sooner,  if  this  ordinance  should  be  repealed,  the  said  A.  F. 
Bullen  Malting  Co.,  its  successors  or  assigns,  shall  take  up  and  re- 
move said  tracks  within  five  days  after  notice  by  the  commissioner  of 
public  works,  and  in  case  of  failure  or  refusal  to  comply  with  said  no- 
tice, then  the  city  may  remove  the  same  at  the  expense  of  the  person  or 
persons,  firm  or  corporation,  then  using  the  same. 


GEORGE  BULLEN  & CO. 

§ 722.  George  Bullen  & Co. 

If  1.  East  Illinois  street. 

Tf  2.  Grant  10  years — bonds. 

][  3.  Location  of  track. 

*f[  4.  Repair  of  culverts,  crosswalks  or  plankings. 

5.  When  in  force. 

An  ordinance  granting  permission  to  George  Bullen  & Co.  to  lay  a railroad  track 
on  East  Illinois  street,  connecting  with  the  track  of  the  Chicago  Dock  and 
Canal  company,  commencing  at  the  east  line  of  St.  Clair  street  and  running 
west  on  said  Illinois  street  to  a point  within  thirty  feet  of  the  east  line  of 
Pine  street.  (Passed  November  15,  1880.) 

IT  1.  East  Illinois  street.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and 

they  are  hereby  granted  to  George  Bullen  & Co.  to  lay  down,  main- 
tain and  operate  a railroad  track  in  and  along  East  Illinois  street 
and  across  St.  Clair  street  from  the  east  line  of  said  St.  Clair  street, 


§ 723]  CALUMET  & CHICAGO  CANAL  AND  DOCK  COMPANY.  1693 

to  a point  within  thirty  feet  of  the  east  line  of  Pine  street,  and  in  front 
of  the  warehouse  of  said  George  Bullen  & Co. 

1 2.  Grant  10  years— bond.]  § 2.  Said  grant  to  be  for  the 
term  of  ten  years  from  and  after  the  passage  of  this  ordinance;  Pro- 
vided, that  the  said  George  Bullen  & Co.  shall  enter  into  bonds  in 
the  penal  sum  of  five  thousand  dollars  with  the  city  of  Chicago,  to  be 
approved  by  the  mayor,  to  hold  and  save  the  city  harmless  from  all 
damages,  expenses  and  consequences  from  or  by  this  ordinance;  And 
provided,  the  privileges  hereby  granted  shall  be  enjoyed  subject  to 
all  ordinances  now  in  force  concerning  railroads,  or  which  may  here- 
after be  passed. 

If  3.  Location  of  track.]  § 3.  That  said  railroad  track  here- 
by authorized  to  be  laid  shall  be  laid  on  the  south  side  of  the  crossing 
of  said  St.  Clair  street,  and  along  said  south  side  of  Illinois  street  to 
a point  within  thirty  feet  of  the  east  line  of  Pine  street,  and  in  front 
of  said  warehouse  of  said  George  Bullen  & Co. 

1 4.  Repair  of  culverts,  crosswalks  or  plankings.]  § 4. 
Said  George  Bullen  & Co.,  in  consideration  of  the  premises  hereby 
granted  to  them,  shall  lay  down  and  keep  in  good  repair  such  culverts, 
crosswalks  or  plankings  as  the  city  council  may  direct,  and  shall  gen- 
erally conform  to  such  rules  and  regulations  as  the  department  of  pub- 
lic works  may  make  for  the  laying  down  of  said  track,  and  shall  fill, 
grade  or  pave,  and  keep  in  repair  such  portions  of  said  streets  oc- 
cupied by  them  as  and  when  the  city  council  or  department  of  public 
works  shall  order  and  direct. 

1"  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CALUMET  & CHICAGO  CANAL  AND  DOCK  COMPANY. 

§ 723.  Calumet  & Chicago  Canal  and  Dock  company. 

IT  1.  Two  tracks — route — grant  in  perpetuity — rights  of  other  par- 
ties to  connect. 

IT  2.  Rights  in  streets  and  alleys— filing  of  plat— repair  of  streets, 
alleys,  culverts,  etc. 

If  3.  Indemnification  against  claims,  etc. 

TT  4.  Maintenance  of  crossings,  etc. — flagman  and  gates. 

5-  Subject  to  ordinances — failure  to  comply  works  forfeiture. 

If  6.  Who  bound  by  provisions. 

^f  7.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  the  Calumet  & Chicago  Canal  and  Dock 
company  to  lay  down  and  forever  maintain  two  railroad  tracks.  (Passed  and 
approved  December  21,  1885.  Accepted  December  28,  1885.) 


1694 


SWITCH  TRACKS — PRIVATE. 


[§  723 


1 1.  Two  tracks  — route  — grant  in  perpetuity— rights  of 
other  parties  to  connect.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Hyde  Park:  § i.  That  permis- 

sion be  and  is  hereby  granted  to  the  Calumet  and  Chicago  Canal  and 
Dock  Company,  its  successors  and  assigns,  to  construct,  lay  down,  and 
forever  maintain  and  operate  with  steam  power  not  to  exceed  two  (2) 
railroad  tracks,  with  all  necessary  branches,  side  tracks,  switches,  and 
turnouts,  commencing  at  a point  in  the  center  line  of  the  Baltimore 
and  Ohio  Railroad  Company’s  tracks,  as  now  located  across  sections 
five  (5)  and  six  (6),  in  town  thirty-seven  (37)  north,  range  fifteen  (15), 
east  of  the  third  principal  meridian,  south  of  Indian  boundary  line  in 
said  village  of  Hyde  Park,  Cook  county,  Illinois;  thence  by  proper 
curves  tangent  to  said  center  line  to  a tangent  point  in  a line  88.25 
feet  west  of  and  parallel  to  the  east  line  of  said  section  six  (6),  town 
thirty-seven  (37)  north,  range  fifteen  (15)  aforesaid;  thence  north  on 
said  parallel  line  to  a point  of  curvature  situate  88.25  feet  west,  and 
393.2  feet  south  of  the  point  where  the  center  line  of  95th  street  inter- 
sects the  east  line  of  said  section  six  (6);  thence  curving  to  the  east 
(right)  tangent  to  the  last-mentioned  line,  with  a radius  of  716.8  feet, 
417.8  feet  to  a tangent  point;  thence  on  a tangent  to  the  last-men- 
tioned curve,  43.53  feet  to  a point  of  curvature;  thence  curving  to  the 
right  (easterly)  with  a radius  of  478.34  feet,  208.6  feet  to  a tangent 
point;  thence  on  a line  tangent  to  the  last-mentioned  curve,  and 
passing  through  the  center  of  lot  fourteen  (14)  in  block  two  (2)  of 
Taylor’s  second  addition,  800.6  feet  to  a point  of  curvature;  thence 
curving  to  the  right  (easterly)  with  a radius  of  478.34  feet,  217  feet  to 
a tangent  point;  thence  on  a line  tangent  to  the  last-mentioned  curve, 
to  the  shore  line  of  Lake  Michigan;  Provided,  that  not  more  than 
•two  (2)  railroad  tracks  shall  be  laid  across  any  street  or  alley  between 
the  termini  aforesaid;  and  provided  further,  that  any  railway  company 
that  now  has  the  right  to  operate  any  railway  in  and  through  said 
village  of  Hyde  Park,  and  any  railway  company  that  may  hereafter 
acquire  the  right  to  construct  and  operate  its  railway  in  or  through 
said  village,  and  having  the  requisite  authority  to  build  the  same  along 
and  across  the  intervening  streets,  may,  at  any  time  hereafter,  con- 
nect its  track  by  necessary  side  tracks  with  the  tracks  of  the  said  Calu- 
met and  Chicago  Canal  and  Dock  Company,  hereby  authorized  to 
be  constructed,  at  any  convenient  point  on  the  line  of  said  tracks,  and 
for  the  purpose  of  such  connection  may  cross  any  side  track  of  the 
said  Calumet  and  Chicago  Canal  and  Dock  Company,  without  other 
cost  than  that  of  putting  in  and  maintaining  the  necessary  crossings, 
such  connection  to  be  made  at  the  cost  of  the  company  desiring  the 
same;  And  provided  further,  that  any  corporation,  person  or  persons 
owning  or  leasing  any  dock,  warehouse,  lumber  vard,  coal  yard,  man- 
ufactory or  other  industry  within  the  village  of  Hyde  Park,  and  hav- 
ing the  permission  of  said  village  of  Hyde  Park  to  construct  and 


§ 723]  CALUMET  & CHICAGO  CANAL  AND  DOCK  COMPANY.  1695 

maintain  a track  upon  or  across  any  intervening  streets  or  alleys,  shall 
have  the  right  to  connect  any  such  track  leading  from  said  dock, 
warehouse,  lumber  yard,  coal  yard,  manufactory  or  other  industry, 
with  the  tracks  of  the  said  Calumet  and  Chicago  Canal  and  Dock  Com- 
pany, hereby  authorized  to  be  constructed  and  maintained,  at  the 
nearest  point  practicable  for  such  connection  to  said  dock,  warehouse, 
lumber  yard,  coal  yard,  manufactory  or  other  industry,  and  at  the  ex- 
pense of  the  party  making  the  same,  and  for  such  purpose  may  cross 
any  intervening  sid^  track  of  the  said  Calumet  and  Chicago  Canal  and 
Dock  Company,  without  other  cost  than  that  of  putting  in  and  main- 
taining the  necessary  crossings;  and  such  track  so  leading  from  or 
to  any  such  dock,  warehouse,  lumber  yard,  coal  yard,  manufactory  or 
other  industry  shall  be  also  free  for  the  common  use  thereof  by  the 
said  Calumet  and  Chicago  Canal  and  Dock  Company  and  other  com- 
panies, and  without  charge  for  such  use.  Any  railway  at  any  time 
having  the  right  to  connect  its  tracks  with  the  said  tracks  of  the  Calu- 
met and  Chicago  Canal  and  Dock  Company  as  aforesaid,  and  having 
the  permission  of  said  village  of  Hyde  Park  to  cross  the  intervening 
streets,  may  construct,  erect,  maintain  and  operate  any  side  track 
from  any  dock,  warehouse,  lumber  yard,  coal  yard,  manufactory  or 
other  industry  in  said  village  of  Hyde  Park,  to  the  said  tracks  of  the 
said  Calumet  and  Chicago  Canal  and  Dock  Company,  and  for  the  pur- 
pose of  such  connection  may  cross  any  intervening  side  tracks  of  said 
Calumet  and  Chicago  Canal  and  Dock  Company,  without  other  cost 
than  that  of  putting  in  and  maintaining  the  necessary  crossings.  And 
the  said  Calumet  and  Chicago  Canal  and  Dock  Company  shall  have 
the  general  management,  control  and  supervision  of  the  said  tracks 
by  this  ordinance  authorized  to  be  constructed  by  it,  and  the  full  and 
sole  control  and  direction  of  the  management,  improvement  and  re- 
pair of  the  same,  and  the  appointment  and  supervision  of  all  officers, 
agents  and  employes  necessary  for  such  purpose. 

T 2.  Rights  in  streets  and  alleys  filing  of  plat— repair  of 
streets,  alleys,  culverts,  etc.]  § 2.  That  said  Calumet  and  Chi- 
cago Canal  and  Dock  Company  may  cross,  with  not  more  than  two 
tracks,  any  and  all  intervening  streets,  alleys,  and  railroad  tracks  with- 
in the  boundaries  stated  in  section  one  of  this  ordinance;  Provided, 
that  before  constructing  said  tracks,  said  company  shall  file  a plat, 
showing  the  permanent  location  of  its  land,  with  the  superintendent  of 
public  works  of  said  village.  Said  location  shall  be  made  and  said 
plat  filed  on  or  before  the  fifth  day  of  January,  A.  D.  1886;  And 
provided  further,  that  said  company  shall  be  subject,  as  to  the  said 
tracks,  at  all  times  to  the  reasonable  direction  of  the  department  of 
public  works,  or  other  proper  department  or  officer  of  said  village,  in 
the  construction  of  its  said  tracks,  with  respect  to  making  crossings 
of  streets,  alleys  and  railroads,  and  the  keeping  in  repair  of  so  much 
of  said  streets  and  alleys  as  may  be  occupied  by  said  company  with 


1696 


switch  tracks — private. 


its  tracks,  and  under  the  like  direction  shall  also  construct  and  keep 
in  good  order  and  repair  all  culverts,  drains  and  ditches  necessary  tor 
carrying  off  the  water  on  both  sides  of  or  under  its  railway  in  the 
village  of  Hyde  Park,  which  may  be  accumulated  by  reason  of  the 
construction  of  said  railway,  and  to  prevent  the  accumulation  of  wa- 
ter by  reason  of  the  construction  of  said  railway  in  said  village. 

1 3.  Indemnification  against  claims,  etc.]  § 3.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  further  express  con- 
dition, that  the  said  Calumet  and  Chicago  Canal  a^d  Dock  Company 
shall  and  will  forever  indemnify  and  save  harmless  the  village  of  Hyde 
Park  against  and  from  any  and  all  claims,  damages,  judgments,  de- 
crees and  costs,  and  expenses  of  the  same,  which  it  may  suffer,  or 
which  may  be  recovered  or  obtained  against  the  said  village  for  or 
by  reason  of  the  granting  of  such  privileges  or  authority,  or  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the  passage  of  this 
ordinance,  or  any  matter  or  thing  connected  therewith,  or  with  the 
exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company  under  or  by  virtue  of  the  provisions 
of  this  ordinance. 

1 4.  Maintenance  of  crossings,  etc— flagman  and  gates.] 

§ 4.  Said  Calumet  and  Chicago  Canal  and  Dock  Company  shall 
also,  when  required,  by  and  under  the  direction  of  the  department  of 
public  works,  build  and  maintain  all  crossings  and  sidewalks  over  its 
railway,  and  shall  keep  a flagman,  and  shall  construct  and  maintain 
gates  at  such  crossings  as  shall  be  required  by  the  board  of  trustees 
of  said  village. 

T 5.  Subject  to  ordinances— failure  to  comply  works  for- 
feiture.] § 5.  The  privileges  hereby  granted  are  upon  the  further 
express  condition,  that  said  Calumet  and  Chicago  Canal  and  Dock 
Company  shall  be  subject  to  all  general  ordinances  now  in  force,  or 
which  may  be  hereafter  passed  concerning  railroads,  and  a willful  or 
continued  failure  of  said  company  to  comply  with  the  provisions  of 
any  such  ordinances  now  in  force  or  which  may  hereafter  be  passed, 
in  regard  to  the  operation  of  trains  or  cars  or  locomotives  upon  said 
tracks,  shall  work  a forfeiture  of  all  the  rights  and  privileges  granted 
by  this  ordinance. 

Tf  6.  Who  bound  by  provisions.]  § 6.  The  provisions  of 
this  ordinance  shall  be  equally  binding  upon  the  Calumet  and  Chi- 
cago Canal  and  Dock  Company,  its  successors,  assigns  and  lessees. 

f 7.  When  in  force — acceptance.]  § 7.  This  ordinance  shall 
be  in  force  only  from  and  after  the  written  acceptance  of  the  same  and 
its  provisions  by  the  said  Calumet  and  Chicago  Canal  and  Dock  Com- 
pany, duly  signed  and  under  its  corporate  seal,  shall  be  filed  with  the 
village  clerk,  who  shall  at  once  spread  such  acceptance  upon  the 
records  of  the  village.  And  unless  such  acceptance  be  so  filed  within 
thirty  (30)  days  from  the  time  of  the  passage  hereof,  this  ordinance 
shall  be  null  and  void. 


§ 724,  725] 


THE  CARDEN  MALTING  COMPANY. 


1697 


FERDINAND  E.  CANDA. 

§ 724.  Ferdinand  E.  Canda. 

Tf  1.  Stewart  avenue — grant  10  years — repair  of  streets. 

Tf  2.  When  in  force. 

An  ordinance  granting  permission  to  Ferdinand  E.  Canda  to  construct  and  main- 
tain*a  railroad  track  from  the  main  track  of  the  Pittsburg,  Fort  "Wayne  & 
Chicago  railroad,  to  block  one  (1),  in  the  United  States  Bank  addition  to  Chi- 
cago, being  the  W.  S.  E.  X sections  28,  39,  14.  (Passed  February  25, 
1878.) 

T 1.  Stewart  avenue — grant  10  years— repair  of  street.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

permission  and  authority  be  and  is  hereby  granted  to  Ferdinand  E. 
Canda  to  lay  down,  construct,  maintain  and  operate  a railroad  track 
from  the  main  track  of  the  Pittsburg,  Fort  Wayne  and  Chicago  Rail- 
road, on  Stewart  avenue,  to  and  upon  the  premises  known  as  block 
one  (1)  in  United  States  Bank  addition  to  Chicago,  together  with  the 
necessary  switch  connections;  said  track  to  be  laid  down  and  main- 
tained under  the  direction  and  supervision  of  the  department  of  pub- 
lic works;  Provided,  that  the  privilege  hereby  granted  shall  be  sub- 
ject to  all  ordinances  now  in  force,  concerning  railroads,  or  which 
may  hereafter  be  passed,  and  shall  only  be  granted  for  the  term  of 
ten  years;  And  provided,  further,  that  said  Ferdinand  E.  Canda,  his 
heirs  and  assigns,  shall  keep  such  part  of  Stewart  avenue  as  is  oc- 
cupied by  said  track  in  good  condition  and  repair,  under  the  super- 
vision of  and  as  may  be  directed  by  the  proper  city  authorities  of 
said  city. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


THE  CARDEN  MALTING  COMPANY. 

§ 725.  The  Carden  Malting  company. 

IT  1.  Grant— route. 

IT  2.  Conditions. 

IT  3.  Acceptance. 

An  ordinance  permitting  the  Carden  Malting  company  to  maintain  a switch 
track  in  and  upon  Cherry  avenue,  etc.  (Passed  July  9,  1890.  Accepted  Tuly 
17,  1890.) 

1"  1*  Grant  — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  are  hereby 

given  to  the  Carding  (Carden)  Malting  Company  to  lay  down,  main- 
tain and  operate  a railroad  track  in  and  upon  Cherry  avenue  from 

107 


1698 


SWITCH  TRACKS PRIVATE. 


[§  726 


the  track  of  the  Chicago,  Milwaukee  and  St.  Paul  Railroad  Company, 
at  a point  in  said  Cherry  avenue  about  forty  (40)  feet  south  of  alley 
running  north  of  lot  sixteen  (16),  block  seventy-six  (76),  Elston’s  ad- 
dition to  Chicago,  to  connect  with  the  works  of  said  Carding  Malting 
Company,  located  on  lots  fifteen  (15)  and  sixteen  (16),  block  seventy- 
six  (76),  Elston’s  addition  to  Chicago. 

1 2.  Conditions.]  § 2.  The  permission  hereby  granted  is 
upon  the  following  express  conditions,  to  wit: 

First,  that  the  said  The  Carding  (Carden)  Malting  Company  shah 
give  a bond  in  the  sum  of  five  thousand  (5,000)  dollars  to  the  city  oi 
Chicago,  to  be  approved  by  the  mayor,  to  hold  and  save  the  city  harm- 
less from  all  damages  in  consequence  of  the  passage  of  this  ordinance 
Second,  the  privilege  hereby  granted  shall  be  enjoyed  subject  to 
all  ordinances  now  in  force  concerning  railroads,  or  which  may  be 
hereafter  passed  regulating  or  in  any  way  concerning  the  track  laid  in 
conformity  with  this  ordinance. 

Third,  that  this  ordinance  shall,  at  all  times,  be  subject  to  amend- 
ment or  repeal  and  is  expressly  limited  to  a period  of  ten  (10)  years 
from  the  passage  hereof,  and  at  the  expiration  of  said  ten  (10)  years, 
or  sooner  if  this  ordinance  shall  be  repealed,  then  said  “The  Carding 
(Carden)  Malting  Company”  shall  take  up  and  remove  said  tracks 
from  Cherry  avenue  within  five  (5)  days  after  notice  by  the  depart- 
ment of  public  works,  and  in  case  of  refusal  to  comply  with  said  notice, 
the  city  may  remove  the  same  and  place  the  street  which  is  occupied 
by  said  track  in  condition  to  correspond  with  the  other  parts  of  the 
street,  and  the  expense  of  such  removal  by  the  city  shall  be  paid  by 
said  “The  Carding  (Carden)  Malting  Company.” 

■[f  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  said  The  Carding  (Carden)  Malting  Com- 
pany and  the  filing  of  and  approval  of  the  bond  herein  provided  for, 
which  shall  be  done  within  thirty  (30)  days  of  the  passage  hereof. 
Note. — See  ordinance  following  extending  track  farther  north. 

§ 726.  The  Carden  Malting  company. 

; If  1.  Extension  in  Cherry  avenue, 
it  2.  Subject  to  ordinances  of  July  9,  1890. 
it  3.  When  in  force. 

An  ordinance  granting  authority  to  the  Carden  Malting  company  to  extend 
switch  track  in  Cherry  avenue  seventy-five  (75)  feet  north.  (Passed  Decem- 
ber 23,  1895.) 

1 1.  Extension  in  Cherry  avenue.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

is  hereby  given  to  the  Carden  Malting  Company  to  extend  their 
switch  track,  now  laid  down  in  Cherry  avenue,  in  front  of  lots  fifteen 
(15)  and  sixteen  (16),  in  block  seventy-six  (76),  Elston  addition  to 
Chicago,  northerly  seventy-five  (75)  feet,  in  front  of  their  property. 


§ 727] 


THOMAS  CAREY. 


1699 


known  as  the  southerly  half  of  lot  thirteen  (13)  and  all  of  lot  fourteen 
(14),  in  block  seventy-six  (76),  Elston  addition  to  Chicago. 

Tf  2.  Subject  to  ordinance  of  July  9,  1890.]  § 2.  The  per- 
mission hereby  granted  shall  be  subject  to  all  and  singular  the  condi- 
tions of  the  ordinance  passed  July  ninth,  1890,  granting  permission  to 
lay  down  and  operate  the  side  track  which  is  hereby  authorized  to  be 
extended. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage. 


THOMAS  CAREY. 

§ 727.  Thomas  Carey. 

1.  Forty-third  street  and  in  Robey  street. 

TT  2.  Repair  of  streets. 

IT  3-  Bond. 

IT  4.  Grant  10  years. 

5.  When  in  force. 

An  ordinance  granting  permission  to  Thomas  Carey  to  lay  down  and  maintain 

one  railroad  switch  track.  (Passed  November  n,  1895.) 

1"  1.  Forty-third  street  and  in  Robey  street.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago: 

First,  that  permission  be  and  is  hereby  granted  to  Thomas  Carey 
to  lay  down,  maintain  and  operate  one  railroad  switch  track  in  a 
southwesterly  direction  across  43d  street  at  Robey  street,  and  thence 
along  the  west  side  of  Robey  street,  from  43d  street  to  45th  street. 

2.  Repair  of  streets.]  Second,  the  said  Thomas  Carey  shall 
keep  such  portion  of  said  streets  as  shall  be  occupied  by  said  switch 
track  in  good  order  and  repair  under  the  supervision  of  the  depart- 
ment of  public  works  and  shall  in  all  respects  comply  with  the  ordi- 
nances of  the  city  of  Chicago  in  the  maintenance  and  operation  of 
said  switch  track. 

1 3.  Bond.]  Third,  this  permission  and  authority  is  made  upon 
the  further  condition  that  said  Thomas  Carey  shall  give  bond  in  the 
sum  of  five  thousand  dollars  with  good  and  sufficient  surety,  to  be  ap- 
proved by  the  mayor,  conditioned  to  keep  the  city  of  Chicago  harm- 
less of  and  from  all  damages,  costs  and  expenses  whatsoever  arising 
from  this  grant. 

% 4.  Grant  10  years.]  Fourth,  the  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  hereof. 

If  5.  When  in  force.]  Fifth,  this  ordinance  shall  be  in  force 
from  and  after  its  passage. 


1700 


SWITCH  TRACKS PRIVATE.  , 


[§  728 


CHICAGO  BRIDGE  AND  IRON  COMPANY. 

§ 728.  Chicago  Bridge  and  Iron  company. 

IF  1.  Hilliard  avenue  and  Elm  (iosth^street. 

If  2.  Bond — street  repairs.  * ' 

IF  3*  Grant  10  years — acceptance. 

IT  4.  When  in  force. 

An  ordinance  for  certain^switch  tracks  in  and  upon  Hilliard  avenue  and  twice 
across  Elm  street  (105th).  (Passed  June  13,  1895.  Accepted  June  22,  1895.) 

IF  1.  Hilliard  avenue  and  Elm  (105th)  street.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § I.  That  permission 

and  authority  be  and  the  same  is  hereby  granted  to  the  Chicago  Bridge 
and  Iron  Company,  its  successors  or  assigns,  to  lay  down,  construct, 
build  and  maintain  a single  railroad  track  in  and  upon  Hilliard  avenue 
and  twice  across  Elm  street  (105th),  said  railroad  track  starting  at  a 
point  on  the  present  switch  track  of  the  said  Chicago  Bridge  and  Iron 
Company  in  Hilliard  avenue,  on  the  north  line  of  Elm  street  (105th), 
28  feet  clue  east  of  the  southwest  corner  of  block  No.  3,  Hilliard  & 
Hitt’s  subdivision  of  Washington  Heights,  Chicago,  thence  southerly 
on  a 21  degree  30  minute  curve  to  the  right,  crossing  Ehn  street 
(105th),  and  intersecting  the  northeast  corner  of  block  No.  6,  in  said 
Hilliard  & Hitt’s  subdivision;  also  a second  crossing  of  said  Elm 
street  (105th),  beginning  at  a point  on  the  right  of  way  of  the  Chi- 
cago, Rock  Island  & Pacific  Railway  Company  29  feet  due  west 
from  the  southwest  corner  of  said  block  3,  thence  on  a 21  degree  30 
minute  curve  to  the  left  southerly,  crossing  Elm  street  (105th),  and 
intersecting  the  north  line  of  said  block  6 at  a point  due  south  from 
the  southwest  corner  of  said  block  3;  the  two  crossings  of  Elm  street 
(105th),  as  specified  above,  being  in  a continuous  curve  forming  a Y 
between  the  two  existing  switch  tracks  into  the  property  of  said  Chi- 
cago Bridge  and  Iron  Company,  in  accordance  with  the  plans  hereto 
attached.  Said  tracks  to  be  laid  down  and  maintained  under  the  direc- 
tion and  supervision  of  the  department  of  public  works  of  the  city  o: 
Chicago. 

% 2.  Bond — street  repairs.]  § 2.  This  ordinance  is  passed, 
and  the  permission  aforesaid  is  granted,  upon  the  express  condition 
that  the  said  Chicago  Bridge  and  Iron  Company  shall  enter  into  a 
bond  with  the  city  of  Chicago,  with  good  and  sufficient  sureties,  to 
be  approved  by  the  mayor,  within  ten  days  after  the  passage  hereof, 
in  the  sum  of  five  thousand  (5,000)  dollars,  to  comply  with  the  provi- 
sions of  this  ordinance,  and  the  general  railroad  and  all  other  ordi- 
nances in  force,  or  that  may  hereafter  be  passed,  and  also  to  save,  keep 
harmless  and  indemnify  the  city  of  Chicago  from  all  damages  caused 
or  sustained,  or  that  may  in  any  way  arise  or  accrue  out  of  the  privi- 
leges hereby  granted;  Provided,  that  the  said  Chicago  Bridge  and 
Iron  Company,  its  successors  or  assigns,  shall  keep  such  portions  of 
such  streets  as  are  occupied  by  said  tracks  in  good1  condition  and  re- 


§ 729] 


CHICAGO  DOCK  AND  CANAL  COMPANY. 


1701 


pair,  under  the  supervision  of  and  as  may  be  directed  by  the  depart- 
ment of  public  works  of  the  city  of  Chicago,  and  in  case  the  said  Chi- 
cago Bridge  and  Iron  Company,  its  successors  or  assigns,  shall  fail 
to  keep  the  same  in  repair,  as  herein  provided,  and  as  the  department 
of  public  works  shall  direct,  then  the  department  of  public  works  may 
repair  the  same,  and  the  expense  thereof  shall  be  paid  by  the  said 
Chicago  Bridge  and  Iron  Company,  its  successors  or  assigns,  on  de- 
mand. 

1 3.  Grant  10  years— acceptance.]  § 3.  The  right  and 

privilege  hereby  granted  shall  cease  and  determine  at  the  expiration 
of  10  years  from  the  passage  hereof;  Provided,  however,  that  the  said 
Chicago  Bridge  and  Iron  Company  accept  this  ordinance  within 
thirty  days  after  its  passage. 

T 4.  When  in  force.]  * § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CHICAGO  DOCK  AND  CANAL  COMPANY. 

§ 729.  Chicago^Dock  and  Canal  company. 

1.  North  Water  and  Illinois  streets — bond — grant  10  years — street 
repair. 

An  ordinance  granting  permission  to  the  Chicago  Dock  and  Canal  company  to 

construct  certain  tracks.  (Passed  June  9,  1879.) 

1 1.  North  Water  and  Illinois  streets— bond — grant  10 
years — street  repair.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  That  permission  is  hereby  granted  to  the  Chicago 

Dock  and  Canal  Company,  its  successors  and  assigns,  to  lay  down, 
maintain  and  use  such  railway  tracks  and  switches  upon  North  Water 
and  Illinois  street,  east  of  the  east  line  of  St.  Clair  street,  and  across 
the  premises  owned  by  said  company,  as  may  be  necessary  to  afford 
convenient  railway  access  to  said  premises: 

Provided,  said  Chicago  Dock  and  Canal  Company,  before  laying 
said  track,  enter  into  a bond  with  said  city,  in  the  sum  of  ten  thousand 
dollars,  to  be  approved  by  the  mayor,  to  hold  and  save  the  city  harm- 
less from  all  damages,  costs  and  expenses  whatever,  in  consequence 
of  the  passage  of  this  ordinance,  or  the  laying  down  or  using  of  said 
track,  and  all  damages  suffered  by  any  private  property  by  reason 
thereof: 

And  provided,  further,  the  privilege  hereby  granted  shall  be  sub- 
ject to  all  ordinances  now  in  force  concerning  railroads,  or  which  may 
hereafter  be  passed. 

All  the  privileges  hereby  granted  shall  cease  and  determine  at  the 


1702 


SWITCH  TRACKS — PRIVATE. 


[§  73° 


expiration  of  ten  years  from  the  passage  hereof;  and  said  company 
shall  at  all  times  be  subject  to  the  direction  of  the  department  of  pub- 
lic works  as  to  the  planking  or  paving  and  keeping  in  repair  of  so 
much  of  said  tracks  as  may  be  in  any  public  street  or  alley. 

This  ordinance  shall  be  in  force  from  and  after  its  passage  and 
publication. 

Note. — See  following  ordinance  extending  grant. 

§ 730.  Chicago  Dock  and  Canal  company. 

IT  1.  Grant  extended  10  years — cessation  of  rights — removal  of 
tracks. 

If  2.  Bond. 

3.  City’s  right  to  repeal — elevation  provided  for — scope  of 

authority. 

4.  When  in  force. 

An  ordinance  granting  to  the  Chicago  Dock  and  Canal  company  permission  to 

retain  railway  tracks  on  certain  streets  therein  named.  (Passed  September 

24,  1894.) 

T 1.  Grant  extended  10  years — cessation  of  rights — removal 
of  tracks.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  the  Chicago  Dock  and  Canal  Company  have  permission, 
subject  to  the  conditions  and  limitations  hereinafter  mentioned,  to  re- 
tain its  tracks  now  laid  in  North  Water  and  Illinois  streets  east  of 
Seneca  street,  for  the  period  of  ten  (10)  years,  provided,  that  at  any 
time,  upon  request  of  the  owners  of  a majority  of  the  abutting  front- 
age, said  tracks  shall  be  removed.  Said  tracks  shall  be  maintained 
under  the  supervision  of  the  commissioner  of  public  works,  and  said 
company  shall  keep  such  portion  of  the  street  as  is  occupied  by  said 
tracks  in  good  condition  and  repair,  so  as  not  to  interfere  with  public 
travel,  under  like  supervision.  At  the  expiration  of  the  time  herein 
limited,  or  upon  request  of  the  owners  of  a-  majority  of  the  abutting 
frontage  as  aforesaid,  all  rights  under  this  ordinance  shall  absolutely 
cease  and  determine  without  any  act  on  the  part  of  the  city,  and  the 
said  tracks  shall  be  at  once  removed  and  the  street  placed  in*  good 
condition  and  repair  at  the  expense  of  said  company. 

Tf  2.  Bond.]  § 2.  This  ordinance  is  passed  and  the  permis- 
sion aforesaid  granted  upon  the  express  condition  that  the  said  Chi- 
cago Dock  and  Canal  Company  shall  enter  into  bond  to  the  city  of 
Chicago,  signed  by  sureties  to  be  approved  by  the  mayor,  within  ten 
days  from  the  passage  of  this  ordinance  in  the  sum  of  ten  thousand 
dollars,  conditioned  to  comply  with  the  terms  and  conditions  of  this 
ordinance  and  the  general  railroad  ordinances  now  in  force  or  that 
may  hereafter  be  passed;  also  to  save  and  keep  harmless  and  indem- 
nify the  city  of  Chicago  from  all  damages,  costs  and  expenses  what- 
ever that  may  accrue  or  any  wise  arise  from  or  grow  out  of  the  privi- 
leges hereby  granted,  and  also  conditioned  for  the  payment  of  all 
damages  or  injury  which  may  be  suffered  by  any  private  person  or 


§73i] 


CHICAGO  HYDRAULIC  PRESSED  BRICK  COMPANY. 


1703 


any  private  property  by  reason  of  any  act  or  thing'  done  under  the  pro- 
visions of  this  ordinance. 

If  3.  City’s  right  to  repeal — elevation— scope  of  authority*] 

§ 3.  This  ordinance  is  passed  and  the  permission  aforesaid  is  granted 
upon  the  further  express  condition  that  the  city  of  Chicago  may  at 
any  time  repeal  this  ordinance,  and  upon  the  further  express  condi- 
tion that  in  case  the  tracks  of  any  railroad  or  railroads  with  which  the 
aforesaid  switch  tracks  shall  be  connected  shall  be  elevated  above  their 
present  plane,  the  aforesaid  switch  tracks  shall  also  be  elevated  and 
removed  from  the  surface  with  said  railroad  with  which  it  shall  be  con- 
nected, without  expense  to  the  city  of  Chicago,  and  that  the  railroad 
company  with  whose  tracks  the  same  shall  be  so  connected- and  the 
said  company  shall  pay  all  damages,  costs  and  expenses  that  may  ac- 
crue, result  or  in  any  wise  arise  from  or  grow  out  of  suhh  elevation  of 
such  railroads  or  such  switch  tracks,  and  save  and  keep  harmless  and 
indemnify  the  city  therefrom. 

This  ordinance  shall  not  give  to  said  company  any  authority  to 
interfere  with  any  railroad  tracks  in  said  street,  nor  to  obstruct  the 
transportation  of  cars  thereon,  but  said  switch  tracks  being  for  the 
special  benefit  of  said  company,  shall  be  maintained,  cared  for  and  op- 
erated in  such  a manner  as  will  not  interfere  with  the  public  service 
rendered  by  the  railroads  occupying  any  part  of  said  street;  and  the 
commissioner  of  public  works  shall  take  care  that  these  restrictions 
be  obeyed  by  said  company,  and  in  default  of  such  obedience,  he 
shall  cause  such  switch  tracks  to  be  removed. 

% 4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect 
and  be  in  force  upon  the  filing  of  the  bond  mentioned  in  section  2 
hereof,  provided  the  same  be  filed  within  ten  days  after  the  passage 
of  this  ordinance,  otherwise  said  ordinance  shall  be  null  and  void. 


CHICAGO  HYDRAULIC  PRESSED  BRICK  COMPANY. 

§ 731.  Chicago  Hydraulic  Pressed  Brick  company. 

1.  Route. 

2.  Condition  as  to  laying  of  track. 

3.  Bond. 

4.  Subject  to  all  general  ordinances. 

5.  Grant  ten  years. 

An  ordinance  granting  permission  to  the  Chicago  Hydraulic  Pressed  Brick  com- 
pany to  construct  and  operate  a railroad  switch  track.  (Passed  February  25, 
1892.) 

1"  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  are 


1704 


SWITCH  TRACKS PRIVATE. 


hereby  granted  to  the  Chicago  Hydraulic  Pressed  Brick  Company,  its 
successors  and  assigns,  to  lay  down  and  operate  a railroad  switch  track 
from  its  yard,  situated  in  block  nineteen  (19),  Canal  Trustees’  new  sub- 
division of  blocks  in  the  southeast  fractional  quarter  of  section  twenty- 
one  (21),  township  thirty-nine  (39)  north,  range  fourteen  (14),  thence 
through  said  block  across  Nineteenth  street  to  and  through  block 
twenty-seven  (27),  in  the  said  Canal  Trustees’  subdivision,  to  a point 
about  eighty  feet  north  of  the  north  line  of  Twentieth  street,  thence, 
in  a southeasterly  direction,  across  La  Salle  street  and  Twentieth  street 
to  the  tracks  of  the  Lake  Shore  and  Michigan  Southern  Railroad  Com- 
pany. 

1 2.  Condition  as  to  laying  of  track.]  § 2.  The  said 
Chicago  Hydraulic  Pressed  Brick  Company,  its  successors  and  as- 
signs, is  hereby  required  and  this  grant  is  made  on  the  express  con- 
dition that  it  shall  so  lay  down  and  maintain  said  track  that  it  shall  in- 
terfere as  little  as  practicable  in  the  use  of  said  streets  and  shall,  at  all 
times,  keep  said  track  in  such  condition  as  to  allow  the  free  use  and 
easy  passage  of  vehicles  along  and  over  it;  all  of  which  shall  be  done 
under  the  superintendence  of  the  commissioner  of  public  works. 

If  3.  Bond.]  § 3.  This  permission  or  grant  is  made  upon  the 
further  condition  that  said  Chicago  Hydraulic  Pressed  Brick  Com- 
pany, its  successors  and  assigns,  shall  keep  and  save  the  city  harm- 
less from  all  damages,  costs  and  expenses  whatsoever  arising  out  of 
the  use  and  acceptance  of  said  streets  -by  said  company.  And  said 
company  shall  give  a bond  in  the  penal  sum  of  $5,000  for  the  fulfilment 
of  the  condition  of  this  grant  or  permission. 

If  4.  Subject  to  all  general  ordinances.]  § 4.  This  permis- 
sion is  granted  subject  to  all  general  ordinances  concerning  railroads 
now  in  force  or  that  may  hereafter  be  passed. 

T 5.  Grant  ten  ^years.]  § 5.  This  permission  is  hereby  ex- 
pressly limited  to  a period  of  ten  years  from  the  passage  hereof  and, 
at  the  expiration  of  said  ten  years,  the  said  Chicago  Hydraulic  Pressed 
Brick  Company,  its  successors  and  assigns,  shall  take  up  and  remove 
said  track  after  notice  from  the  commissioner  of  public  works  and,  in 
case  of  failure  or  refusal  to  comply  with  said  notice,  then,  the  city  may 
remove  the  same  at  the  expense  of  the  company, its  successors  or  as- 
signs. 


M.  D.  COFFEEN. 


1705 


732] 


M.  D. 


COFFEEN. 


§ 732.  M.  D.  Coffeen. 

1.  Grant  ten  years — Jefferson  and  Wayman  streets — bond — repair 

of  Wayman  street. 

2.  Removal. 

3.  Acceptance. 

An  ordinance  granting  to  M.  D.  Coffeen  permission  and  authority  to  construct 
and  operate  a private  switch.  (Passed  February  3,  1896.  Accepted  Feb- 
ruary 3,  1896.) 

1 1.  Grant  ten  years— Jefferson  and  Wayman  streets — 
bond — repair  of  Wayman  street.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  permission  and  authority  is 

hereby  granted  to  M.  D.  Coffeen,  or  his  assigns,  to  construct,  main- 
tain and  operate  a private  single  railroad  switch,  for  a period  of  ten 
years,  from  and  connecting  with  the  tracks  of  the  Pittsburg,  Cincin- 
nati, Chicago  and  St.  Louis  Railroad  Company,  at  a point  east  of  Jef- 
ferson street,  near  its  intersection  with  the  Milwaukee  avenue  viaduct; 
thence  on  a gradual  curve  in  a southwesterly  direction  across  Jefferson 
and  Wayman  streets,  and  west  on  and  along  the  south  side  of  Way- 
man  street  to  Desplaines  street: 

Provided,  however,  that  said  M.  D.  Coffeen  shall,  before  laying  any 
part  of  said  track,  enter  into  bond  with  the  said  city  of  Chicago  in  the 
penal  sum  of  five  thousand  (5,000)  dollars,  to  be  approved  by  the 
mayor,  to  hold  and  save  the  city  of  Chicago  harmless  from  all  dam- 
ages caused  by  the  passage  of  this  ordinance: 

Provided,  further,  that  the  privileges  hereby  granted  shall  be  sub- 
ject, in  all  respects,  to  all  ordinances  now  in  force,  or  which  may  be 
hereafter  passed  concerning  railroads,  and  that  said  M.  D.  Coffeen 
and  his  assigns  shall  keep  so-  much  of  said  Wayman  street  as  shall  be 
occupied  by  said  switch,  in  such  condition  and  repair  as  may  be  di- 
rected by  the  department  of  public  works: 

And  provided,  further,  that  said  switch  shall  be  constructed  and 
maintained  under  the  direction  and  supervision  of  the  department  of 
public  works. 

T 2.  Removal.]  § 2.  This  ordinance  shall  be  subject  to  amend- 
ment or  repeal  at  any  time  for  failure  to  comply  with  any  order  of  the 
department  of  public  works  concerning  the  proper  construction  and 
maintenance  of  said  switch,  and  upon  the  expiration  of  this  ordinance, 
said  M.  D.  Coffeen  or  his  assigns  shall  remove  said  switch  after  notice 
from  the  department  of  public  works,  and  in  case  of  failure  or  refusal 
to  comply  with  said  notice,  then  the  city  of  Chicago  may  remove  the 
same  at  the  expense  of  said  M.  D.  Coffeen,  or  his  assigns. 

If  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  M.  D.  Coffeen. 

108 


1706 


SWITCH  TRACKS PRIVATE. 


CONGDON  BRAKE  SHOE  COMPANY. 

§ 733-  Congdon  Brake  Shoe  company. 

1.  Route — conditions. 

2.  Violation  of  conditions — city  may  remove. 

3.  Cessation  of  grant — duty  of  company. 

TT  4.  Acceptance. 

An  ordinance  granting  permission  to  the  Congdon  Brake  Shoe  company  to  lay 
down  and  operate  a single  switch  of  standard  gauge  on  Winter  and  Sherman 
streets.  (Passed  February  29,  1892.) 

1 1.  Route— conditions.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  permission  is  hereby  given  and 

granted  to  the  Congdon  Brake  Shoe  Company,  its  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate  a single  switch  of 
standard  gauge  from  and  connecting  with  the  tracks  of  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Company,  beginning  at  a point 
east  of  the  east  line  of  Winter  street  on  the  right  of  way  of.  said  rail- 
way company  and  on  the  south  side  thereof,  thence,  east  and  parallel 
with  the  tracks  of  said  railway  company,  across,  over  and  upon  Sher- 
man street  (formerly  Desplaines  street),  thence  over  and  upon  the 
private  property  of  the  said  Congdon  Brake  Shoe  Company;  Pro- 
vided, however,  that  said  Congdon  Brake  Shoe  Company  shall,  be- 
fore laying  said  track  across  said  Sherman  street,  enter  into  bond  with 
the  said  city  of  Chicago  in  the  sum  of  $10,000,  to  be  approved  by  the 
mayor,  to  hold  and  save  the  city  of  Chicago  harmless  from  all  damages 
caused  and  expenses  occasioned  in  consequence  of  the  passage  of  this 
ordinance  granting  the  privilege  hereinbefore  mentioned;  Provided, 
further,  that  the  privileges  hereby  granted,  shall  be  subject  in  all  re- 
spects to  all  ordinances  now  in  force  or  which  may  be  hereafter  passed 
concerning  railroads  and  that  said  Congdon  Brake  Shoe  Company 
shall  keep  so  much  of  said  Sherman  street  as  shall  be  occupied  by  said 
switch  track  in  such  condition  and  repair  as  may  be  directed  by  the 
department  of  public  works.  No  cars  shall  be  permitted  to  stand  on 
the  street,  nor  shall  any  car  be  unloaded  or  loaded  upon  the  street  oc- 
cupied by  said  track;  provided,  that  said  tracks  shall  be  laid  down  and 
maintained  under  the  direction  and  supervision  of  the  department  of 
public  works. 

1"  2.  Violation  of  conditions — city  may  remove.)  § 2.  In 

case  said  company  shall  violate  any  of  the  provisions  and  conditions 
of  this  ordinance,  then  said  ordinance  and  all  rights  and  privileges 
herein  granted  shall  be  null  and  void.  The  department  of  public 
works  may  remove  the  track  hereby  authorized  to  be  laid,  and  the 
cost  thereof  shall  be  paid  by  the  said  Congdon  Brake  Shoe  Company. 

If  3.  Cessation  of  grant — duty  of  company.]  § 3.  In  case 
of  the  expiration  of  this  ordinance  said  Congdon  Brake  Shoe  Com- 
pany shall,  at  its  own  expense,  cause  said  track  to  be  removed  and  the 
part  of  the  street  so  occupied  by  said  track  to  be  placed  in  such  repair 


§ 734] 


CONSOLIDATED  ICE  MACHINE  COMPANY. 


1707 


and  condition  as  the  department  of  public  works  may  require  and,  if 
the  said  Congdon  Brake  Shoe  Company  shall  fail  to  remove  said  track 
and  so  restore  said  street  as  herein  provided,  then  the  city  of  Chicago 
may,  within  ten  (io)  days  after  notice  to  said  Congdon  Brake  Shoe 
Company,  or  its  bondsmen,  remove  said  track  and  restore  the  part  of 
said  street  so  occupied  by  said  track  to  such  condition  as  it  may  elect, 
at  the  expense  and  cost  of  the  said  Congdon  Brake  Shoe  Company, 
which  said  company  in  accepting  this  ordinance  agree  to  pay  on  de- 
mand. 

4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  the  said  Congdon  Brake  Shoe 
Company. 


CONSOLIDATED  ICE  MACHINE  COMPANY. 

§ 734.  Consolidated  Ice  Machine  company. 

1.  Stewart  avenue,  south  of  Lumber  street — bond — street  repair. 
tT  2.  Grant  ten  years. 

3.  Subject  to  modification  or  repeal. 

4.  Removal  of  tracks — failure. 

"j[  5.  Acceptance. 

An  ordinance  granting  permission  to  the  Consolidated  Ice  Machine  company  to 
lay  down  and  maintain  a single  switch  track.  (Passed  July  2,  1888.  Ac- 
cepted July  12,  1888.) 

1 1.  Stewart  avenue,  south  of  Lumber  street— bond— street 
repair.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  is  hereby  given  and  granted  to  the  Consolidated 
Ice  Machine  Company  to  lay  down,  construct,  maintain,  and  operate 
a single  switch  track  from  and  connecting  with  the  tracks  of  the  Pitts- 
burg, Fort  Wayne  and  Chicago  Railroad  Company,  on  Stewart  avenue 
and  just  south  of  Lumber  street,  as  shown  on  the  plat  hereto  attached 
and  marked  track  “A,”  and  made  a part  of  this  ordinance;  Provided, 
however,  that  said  Consolidated  Ice  Machine  Company  shall  before 
laying  said  track,  enter  into  a bond  with  the  city  of  Chicago,  in  the 
sum  of  five  thousand  dollars  ($5,000),  to  be  approved  by  the  mayor, 
to  hold  and  save  the  city  of  Chicago  harmless  from  all  damages,  costs 
and  expenses  whatsoever,  in  consequence  of  the  passage  of  this  ordi- 
nance, granting  the  privileges  hereinbefore  mentioned:  Provided, 

further,  that  the  privileges  hereby  granted  shall  be  subject  in  all  re- 
spects to  all  ordinances  now  in  force  or  which  may  hereafter  be  passed 
concerning  railroads,  and  that  said  Consolidated  Ice  Machine  Com- 
pany shall  keep  so  much  of  said  Stewart  avenue  and  Lumber  street, 
as  shall  be  occupied  by  said  track,  in  such  condition  and  repair  as  it 


1708 


SWITCH  TRACKS PRIVATE. 


[§  735 


may  be  directed  by  the  department  of  public  works:  Provided,  that 

said  track  shall  be  laid  down  and  maintained  under  the  direction  and 
supervision  of  the  department  of  public  works. 

2.  Grant  ten  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

T 3.  Subject  to  modification  or  repeal.]  § 3.  This  ordi- 
nance shall  at  any  time  before  the  expiration  thereof,  be  subject  to 
modification,  amendment  or  repeal,  and  in  case  of  repeal  all  privileges 
hereby  granted  shall  cease  and  determine. 

T 4.  Removal  of  tracks.]  § 4.  In  case  of  the  expiration  of 
this  ordinance  by  lapse  of  time,  or  in  case  of  repeal,  said  Consolidated 
Ice  Machine  Company  shall,  at  its  own  expense,  cause  said  track  to  be 
removed  and  the  part  of  the  streets  so  occupied  by  said  track,  to  be 
placed  in  such  repair  and  condition  as  the  department  of  public  works 
may  require;  and  if  the  said  Consolidated  Ice  Machine  Company  shall 
fail  to  so  remove  said  track  and  so  restore  said  streets  as  herein  pro- 
vided, then  the  city  of  Chicago  may,  within  ten  (10)  days  after  notice 
to  the  said  Consolidated  Ice  Machine  Company,  or  its  bondsmen,  re- 
move said  track  and  restore  the  part  of  the  street  so  occupied  by  said 
track  to  such  condition  as  it  may  elect,  at  the  expense  and  cost  of  said 
Consolidated  Ice  Machine  Company,  which  cost  and  expense  said  Con- 
solidated Ice  Machine  Company  in  accepting  this  ordinance  agrees  to 
pay  on  demand. 

If  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Consolidated  Ice  Ma- 
chine Company. 


DANIEL  CORKERY. 

§ 735.  Daniel  Corkery. 

If  1.  Route — bond, 
if  2.  Subject  to  repeal, 
if  3-  Grant  ten  years. 

If  4.  Removal  of  tracks — repair  and  restoration  of  streets, 
if  5.  Failure  to  repair  streets,  etc. 
if  6.  Acceptance. 

An  ordinance  granting  permission  to  Daniel  Corkery  to  lay  down  and  maintain 
a single  railroad  track.  (Passed  September  24,1888.  Accepted  October  8, 
1888.) 

If  1,  Route — bond.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby 

given  and  granted  to  Daniel  Corkery  to  lay  down,  maintain  and  oper- 


§ 735] 


DANIEL  CORKERY. 


1709 


ate  a single  railroad  track  from  and  connecting  with  the  tracks  of  the 
Chicago  and  Western  Indiana  Railway  Company  at  a point  about 
forty  (40)  feet  from  the  south  line  of  Twenty-ninth  street  and  about 
one  hundred  (100)  feet  west  of  the  west  line  of  Stewart  avenue, thence 
in  a northerly  direction  to  the  middle  of  the  block  between  Napoleon 
and  Twenty-ninth  streets,  thence  continuing  by  a line  of  three  tracks 
to  a point  between  Twenty-sixth  and  Twenty-seventh  streets,  cross- 
ing all  intervening  streets  and  alleys  and  over  property  owned  by  said 
Daniel  Corkery,  which  said  tracks  are  shown  by  the  red  lines  on  the 
map  or  plat  hereto  attached  and  marked  A,  B and  C,  Provided,  how- 
ever, that  said  Daniel  Corkery  shall  before  laying  said  tracks  enter  in- 
to a bond  with  the  city  of  Chicago  in  the  sum  of  ten  thousand  dollars 
($10,000),  to  be  approved  by  the  mayor  to  hold  and  save  the  city  of 
Chicago  harmless  from  all  damages,  costs  and  expenses  whatsoever  111 
consequence  of  the  passage  of  this  ordinance  granting  the  privilege 
hereinbefore  mentioned;  Provided,  further,  that  the  privileges  hereby 
granted  shall  be  subject  in  all  respects  to  all  ordinances  now  in  force 
or  which  may  hereafter  be  passed  concerning  railroads  or  railroad 
tracks,  and  that  said  Daniel  Corkery  shall  keep  so  much  of  the  streets 
and  alleys  crossed  by  said  tracks  in  such  condition  and  repair  as  he 
may  be  directed  by  the  department  of  public  works,  and  provided  that 
said  tracks  shall  be  laid  down  and  maintained  under  the  direction  and 
supervision  of  the  department  of  public  works. 

*[  2.  Subject  to  repeal.]  § 2.  This  ordinance  shall  at  any  time 
before  the  expiration  thereof  be  subject  to  modification,  amendment 
or  repeal,  and  in  case  of  repeal  all  privileges  hereby  granted  shall 
cease  and  determine. 

T 3.  Grant  ten  years.]  § 3.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  hereof. 

1"  4.  Removal  of  tracks — repair  and  restoration  of  streets.] 

§ 4.  In  case  of  the  expiration  of  this  ordinance  by  lapse  of  time,  or 
in  case  of  repeal,  said  Daniel  Corkery  shall,  at  his  own  expense,  cause 
said  tracks  to  be  removed  from  the  part  of  the  streets  so  occupied  *by 
said  tracks,  and  the  parts  of  streets  or  alleys  so  occupied  shall  be 
placed  by  said  Daniel  Corkery  in  such  repair  and  condition  as  the 
department  of  public  works  may  require,  and  if  the  said  Daniel  Cork- 
ery shall  fail  so  to  remove  said  tracks  and  so  to  restore  said  streets, 
as  herein  provided,  then  the  city  of  Chicago  may  within  ten  (10)  days 
after  notice  to  remove  said  tracks  to  said  Daniel  Corkery,  or  to  his 
bondsmen  remove  said  tracks  and  restore  the  parts  of  the  streets  and 
alleys  so  occupied  by  said  tracks  to  such  condition  as  it  may  elect  at 
the  expense  and  cost  of  said  Daniel  Corkery,  which  cost  and  expense 
said  Daniel  Corkery,  in  accepting  this  ordinance,  agrees  to  pay  on 
demand. 

1 5.  Failure  to  repair  streets,  etc.]  § 5.  In  case  said  Dan- 


1710 


SWITCH  TRACKS PRIVATE. 


[§  736 


iel  Corkery  shall  fail  to  keep  the  parts  of  streets  and  alleys  so  occupied 
by  said  tracks  in  such  condition  and  repair  as  the  department  of  pub- 
lic works  may  direct,  then  the  said  department  of  public  works  is  here- 
by authorized  to  tear  up  and  remove  said  tracks  from  the  parts  of  the 
streets  and  alleys  so  occupied  at  the  cost  and  expense  of  said  Daniel 
Corkery  to  be  paid  by  him  on  demand  without  further  notice,  and  in 
accepting  this  ordinance  said  Daniel  Corkery  shall  agree  to  pay  all 
such  cost  and  expenses  and  waive  any  claim  for  any  damages  by  rea- 
son of  any  removal  of  such  tracks  provided  for  in  this  ordinance. 

T 6.  Acceptance.]  § 6.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Daniel  Corkery  of  all  its 
terms  and  conditions  and  upon  the  filing  of  the  bond  hereinbefore 
mentioned,  which  acceptance  and  bond  shall  be  filed  within  thirty  (30) 
days  of  the  passage  thereof. 


CARL  CORPER  BREWING  AND  MALTING  COMPANY. 

§ 736.  Carl  Corper  Brewing  and  Malting  company. 

If  1.  Route. 

if  2.  Condition  of  grant. 

-If  3.  Grant  ten  years — acceptance. 

•ff  4.  In  effect,  when. 

An  ordinance  granting  permission  for  a switch  track  across  Winter  street. 

(Passed  January  5,  1893.  Accepted  January  19,  1893.) 

^ 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 

hereby  granted  to  the  Carl  Corper  Brewing  & Malting  Company  to 
lay  down,  construct,  maintain  and  operate  a single  railroad  track  in, 
upon  and  across  Winter  street,  immediately  north  of  where  the  same 
is  crossed  by  the  Union  Stock  Yards  and  Transit  Company,  from  the 
west  line  of  said  Winter  street  by  or  on  a practicable  curve  to  the  east 
line  thereof,  connecting  at  this  point  by  switch  with  the  north  track 
of  said  Union  Stock  Yards  and  Transit  Company,  in  accordance  with 
the  plat  hereto  attached,  said  track  to  be  laid  down  and  maintained 
under  the  direction  and  supervision  of  the  department  of  public  works. 

2.  Condition  of  grant.]  § 2.  This  ordinance  is  passed  and 
the  permission  aforesaid  is  granted  upon  the  express  condition  that 
the  said  Carl  Corper  Brewing  & Malting  Company  shall  enter  into  a 
bond  with  said  city  of  Chicago,  with  good  and  sufficient  sureties  to  be 
approved  by  the  mayor,  within  ten  days  of  its  passage,  in  the  sum  of 
five  thousand  dollars  ($5,000),  conditioned  to  comply  with  the  pro- 
visions of  this  ordinance  and  the  general  railroad  and  all  other  ordi- 


§ 737] 


CORPER  & NOCKIN. 


1711 


nances  now  in  force  or  that  may  hereafter  be  passed  and,  also,  to  save, 
keep  harmless  and  indemnify  the  city  of  Chicago  from  all  damages, 
costs  and  expenses  that  may  accrue  or  in  any  way  arise  from  or  grow 
out  of  the  privileges  hereby  granted;  Provided,  that  said  Carl  Corper 
Brewing  & Malting  Company,  its  successors  or  assigns,  shall  keep 
such  portion  of  said  street  as  is  occupied  by  said  track  in  good  condi- 
tion and  repair,  under  the  supervision  of  and  as  may  be  directed  by  the 
department  of  public  works  of  said  city  of  Chicago  and,  in  case  the  said 
Carl  Corper  Brewing  & Malting  Company  shall  fail  to  keep  the  same 
in  repair,  as  herein  provided,  as  the  department  of  public  works  shall 
direct,  then  the  department  of  public  works  may  repair  the  same  and 
the  expense  thereof  shall  be  paid  by  the  said  Carl  Corper  Brewing  & 
Malting  Company  on  demand. 

T 3.  Grant  ten  years— acceptance.]  § 3.  The  rights  and  priv- 
ileges hereby  granted  shall  cease  and  determine  at  the  expiration  of 
ten  years  from  the  passage  hereof;  provided,  however,  that  the  said 
Carl  Corper  Brewing  & Malting  Company  shall  accept  this  ordinance 
within  thirty  days  after  its  passage. 

H[  4.  In  effect,  when.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


CORPER  & NOCKIN. 

§ 737.  Corper  & Nockin. 

\\  1.  Alley  between  Ward  and  Herndon  streets,  etc. — bond — repair 
of  alley. 

If  2.  Grant  ten  years. 

3.  Subject  to  modification  or  repeal. 

Hi  4.  Removal  of  track. 

H[  5.  Acceptance. 

An  ordinance  granting  permission  to  Corper  & Nockin  to  lay  and  maintain  a 
single  railroad  track.  (Passed  October  8,  1888.  Accepted  October  22,  1888.) 

1"  1.  Alley  between  Ward  and  Herndon  streets,  etc.— 
bond — repair  of  alley.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  is  hereby  given  and  granted 

to  Corper  & Nockin  to  lay  down,  construct,  maintain  and  operate  a 
single  railroad  track  from  and  connecting  with  the  tracks  of  the  “Chi- 
cago & Evanston  Railroad,”  owned  and  operated  by  the  Chicago,  Mil- 
waukee & St.  Paul  Railroad  Company,  on  alley  between  Ward  street 
and  Herndon  street,  commencing  at  a point  on  said  alley  fifty  (50) 
feet  south  of  the  south  line  of  Webster  avenue;  thence  south  along  said 
alley  three  hundred  and  ten  (310)  feet  to  point  of  junction  of  two  al- 
leys (one  branching  from  said  alley  in  a southwestern  direction  to  Nur- 


1712  switch  tracks — private.  [§  737 

sery  street  and  the  other  in  a southeastern  direction  to  Herndon  street), 
thence  from  said  point  of  juncture  south  one  hundred  and  twenty  (120) 
feet,  to  ten  (10)  feet  north  of  the  northeast  line  of  Nursery  street,  cross- 
ing lots  eleven  (1 1),.  twelve  (12),  fifteen  (15)  and  sixteen  (16),  in  block 
eleven  (11),  bounded  by  Ward  street,  Webster  avenue,  Herndon  street, 
and  Nursery  street;  Provided,  however,  that  said  Corper  & Nockin 
shall,  before  laying  said  track,  enter  into  a bond  with  the  city  of  Chi- 
cago in  the  sum  of  five  thousand  (5,000)  dollars,  to  be  approved  by  the 
mayor,  to  hold  the  city  of  Chicago  harmless  from  all  damages,  costs 
and  expenses  whatsoever,  in  consequence  of  the  passage  of  this  ordi- 
nance, granting  the  privilege  hereinbefore  mentioned;  Provided,  fur- 
ther, that  the  privileges  hereby  granted  shall  be  subject  in  all  respects 
to  all  ordinances  now  in  force  or  which  may  hereafter  be  passed  con- 
cerning railroads;  and  that  said  Corper  & Nockin  shall  keep  so  much 
of  said  alley  as  shall  be  occupied  by  said  track  in  such  condition  and 
repair  as  they  may  be  directed  by  the  department  of  public  works; 
Provided,  that  said  track  shall  be  laid  down  and  maintained  under  the 
direction  and  supervision  of  the  department  of  public  works. 

T 2.  Grant  ten  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

f 3.  Subject  to  modification  or  repeal.]  § 3.  This  ordi- 
nance shall  at  any  time  before  the  expiration  thereof  be  subject  to  mod- 
ification, amendment  or  repeal,  and  in  case  of  repeal,  all  privileges 
hereby  granted  shall  cease  and  determine. 

If  4.  Removal  of  track.]  § 4.  In  case  of  the  expiration  of 
this  ordinance  by  lapse  of  time,  or  in  case  of  repeal,  said  Corper  & 
Nockin  shall,  at  their  own  expense,  cause  said  track  to  be  removed  and 
the  part  of  the  alley  so  occupied  by  said  track  to  be  placed  in  such  re- 
pair and  condition  as  the  department  of  public  works  may  require. 

And  if  said  Corper  & Nockin  shall  fail  to  remove  said  track  and  so 
restore  said  alley  as  herein  provided,  then  the  city  may,  after  ten  (10) 
days’  notice,  in  writing,  to  the  said  Corper  & Nockin,  or  their  bonds- 
men, remove  said  track  and  restore  the  part  of  the  alley  so  occupied 
by  said  track  to  such  condition  as  it  may  elect,  at  the  expense  and  cost 
of  said  Corper  & Nockin,  which  cost  and  expense  said  Corper  & 
Nockin  in  accepting  this  ordinance  agree  to  pay  on  demand. 

T 5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Corper  & Nockin. 


§ 738] 


WILLIAM  M.  CRILLY. 


1713 


WILLIAM  M.  CRILLY. 

§ 738.  William  M.  Crilly. 

1.  Route. 

2.  Supervision  of  track  laying. 

3.  Bond. 

4.  Grant  expires  January  1,  1915. 

*j[  5.  When  in  force. 

An  ordinance  granting  permission  to  William  M.  Crilly  to  lay  down  and  main- 
tain a switch  track.  (Passed  March  29,  1897.)  _ 

T 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  are  hereby  granted  to 

William  M.  Crilly,  his  representatives,  heirs  and  assigns,  to  lay  down, 
maintain  and  operate  two  or  more  railroad  switch  tracks  upon  the 
property  of  said  William  M.'  Crilly  in  block  three  (3)  in  Counselman’s 
subdivision  of  the  north  half  (N.  J4)  of  the  southeast  quarter  (S.  E.  *4) 
of  the  northwest  quarter  (N.  W.  J4)  of  section  fifteen  (15),  township 
thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third  principal 
meridian,  in  Cook  county,  Illinois;  said  block  three  being  bounded  on 
the  north  by  Jackson  street;  on  the  east  by  South  Forty-fifth  court; 
on  the  south  by  Van  Buren  street,  and  on  the  west  by  the  alley  be- 
tween said  block  three  and  the  right  of  way  of  the  Belt  Railway,  in 
Chicago,  Illinois;  also  to  lay  down,  maintain  and  operate  one  railroad 
switch  track  upon  and  across  said  alley,  which  lies  between  said  block 
three  and  said  right  of  way  of  said  Belt  Railway,  at  a point  about  one 
hundred  and  twenty-five  feet  south  of  Jackson  street,  said  track  to 
cross  said  alley  at  a convenient  angle  to  connect  the  track  or  tracks 
upon  said  block  three  with  the  track  or  tracks  upon  the  said  right  of 
way  of  the  said  Belt  Railway. 

1"  2.  Supervision  of  track  laying.]  § 2.  That  the  said  Wil- 
liam M.  Crilly  shall  lay  and  maintain  such  tracks  under  the  supervision 
of  the  commissioner  of  public  works  of  the  city  of  Chicago,  and  shall 
in  all  respects  comply  with  the  ordinances  of  said  city. 

Tf  3.  Bond.]  § 3.  This  permission  and  authority  is  granted  to 
said  William  M.  Crilly  upon  the  condition  that  he  shall  give  a bond 
in  the  sum  of  five  thousand  dollars  ($5,000)  with  good  and  sufficient 
surety,  to  be  approved  by  the  mayor,  conditioned  to  keep  the  city  of^ 
Chicago  harmless  of  and  from  all  damages  whatsoever  arising  from 
this  grant. 

T 4.  Gran^  expires  January  1,  1915.]  § 4.  The  rights  and 

privileges  hereby  granted  shall  cease  and  determine  on  the  1st  day  of 
January,  A.  D.  1915. 

If  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 


1714 


SWITCH  TRACKS PRIVATE. 


WILLIAM  LEERING. 

§ 739-  William  Deering. 

If  i.  Clybourn  avenue — cars  not  to  stand — flagman. 

IF  2.  Authority  over  street — termination  of  grant. 

An  ordinance  to  permit  William  Deering  to  change  one  of  his  side-tracks  crossing 

Clybourn  avenue  in  the  town  of  Lake  View.  (Passed  and  approved  October 

2,  1882.) 

If  1.  Clybourn  avenue — cars  not  to  stand — flagman.]  § 1. 

Be  it  ordained  by  the  board  of  trustees  of  the  town  of  Lake  View,  that 
permission  be  and  the  same  is  hereby  granted  to  William  Deering  to 
change  the  present  position  of  one  of  his  side-tracks  near  the  Chicago 
& Northwestern  railway  tracks  to  a position  nearly  parallel  crossing 
Clybourn  avenue,  about  two  hundred  and  fifty  feet  to  the  northwest 
of  the  present  position  of  said  side-track,  upon  the  condition,  however, 
that  said  side-track  or  tracks  and  the  operation  thereof  shall  in  no 
manner  obstruct  said  highway,  and  upon  the  further  condition  that  no 
car  or  cars  shall  stand  upon  said  street  or  crossing,  and  upon  the 
further  condition  that  the  said  William  Deering  will  at  all  times,  when 
any  car  or  train  is  about  to  cross  the  street,  to  keep  and  maintain  there 
a flagman  to  give  warning  of  the  approach  of  such  car  or  train. 

T 2.  Authority  over  street — termination  of  grant.]  § 2.  The 
town  of  Lake  View  hereby  reserves  full  right,  power  and  control  over 
said  street  and  crossings  and  may  at  any  time  withdraw  the  permission 
hereby  granted. 


WILLIAM  DEERING  & CO. 

§ 740.  William  Deering  & Co. 

*17  1.  Fullerton  avenue — two  tracks — Wrightwood  avenue. 

K 2.  Street  repair — condition  of  tracks. 

IF  3.  Indemnity  clause. 

IF  4-  Subject  to  amendment  or  repeal  after  ten  years. 

IF  5.  When  in  force. 

An  ordinance  granting  to  William  Deering  & Co.  the  right  to  maintain^and 
operate  certain  railroad  tracks.  (Passed  and  approved  March  3,  1884.) 

*i\  1.  Fullerton  avenue — two  tracks— Wrightwood  avenue.]  Be 

it  ordained  by  the  board  of  trustees  of  the  town  of  Lake  View:  § 1. 
That  permission  and  authority  be,  and  they  are  hereby  granted  to 
William  Deering  & Co.,  a corporation  organized1  under  the  laws  of 
the  state  of  Illinois,  to  maintain  and  operate  a railroad  track  across  the 
north  half  of  Fullerton  avenue,  where  the  same  has  already  been  con- 
structed connecting  the  reaper  factory  of  said  corporation,  situated  on 
Deering’s  Addition  to  Chicago,  with  the  tracks  of  the  Chicago  and 


§ 741] 


WILLIAM  DEERING  & CO. 


1715 


Northwestern  Railway,  also  to  maintain  and  operate  two  (2)  railroad 
tracks  upon  and  across  the  portion  of  Clybourn  avenue  and  Wright- 
wood  avenue,  where  the  same  have  been  already  constructed,  connect- 
ing said  reaper  factory  with  the  tracks  of  said  Chicago  & Northwest- 
ern Railway,  together  with  all  necessary  switches  and  connections 
along  the  lines  of  said  railroad  tracks  that  may  be  required  for  the 
transaction  of  the  business  of  said  reaper  factory. 

If  2.  Street  repair — condition  of  tracks.]  § 2.  The  privileges 
hereby  granted  by  this  ordinance  are  upon  the  express  condition  that 
said  William  Deering  & Co.,  their  successors  and  assigns,  shall  so 
maintain  and  operate  said  tracks  and  switches  that  they'shall  interfere 
as  little  as  practicable  with  the  use  of  said  streets;  and  shall  at  all  times 
keep  them  in  such  condition  as  to  allow  the  free  use  and  easy  passage 
of  vehicles  along  and  over  them,  on  said  Fullerton  and  Clybourn  av- 
enues, and  shall  fill,  grade,  pave,  macadamize  or  improve  the  said  last 
named  streets  so  used  by  said  corporation,  William  Deering  & Co., 
for  said  tracks,  and  three  feet  of  the  street  outside  of  the  same,  when- 
ever ordered  or  directed  by  the  board  of  trustees  of  the  town  of  Lake 
View,  and  in  such  manner  as  said  board  shall  direct.  All  of  which 
work  shall  be  done  under  the  supervision  of  the  proper  town  author- 
ities or  their  successors  in  such  authority. 

If  3.  Indemnity  clause.]  § 3.  The  permission  aforesaid  is 
granted  upon  the  further  condition  that  said  William  Deering  & Co., 
their  successors  and  assigns,  shall  save  and  keep  the  town  of  Lake 
View  harmless  from  all  damages,  costs  and  expenses  whatever  aris- 
ing out  of  the  occupation  or  use  of  any  of  said  streets  in  the  manner 
aforesaid;  and  that  said  permission  is  granted  subject  to  all  the  general 
ordinances  of  the  town  concerning  railroads  now  in  force,  or  that  may 
be  hereafter  passed. 

% 4.  Subject  to  amendment  or  repeal  after  ten  years.]  § 4. 

The  permission  hereby  granted  is  upon  the  further  express  condition 
that  this  ordinance  shall  be  subject  to  amendment  or  repeal  by  the 
board  of  trustees  or  their  successors  in  authority  at  any  time  after 
ten  years  from  its  passage;  and  the  rights  and  privileges  hereby  grant- 
ed shall  cease  and  determine  upon  such  r.epeal  thereof. 

1 5.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

§ 741.  William  Deering  & Co. 

nf  i*  Route — repair  of  portion  of  Clybourn  avenue. 

^ 2.  Maintenance  of  sidewalk. 
n[  3.  Compensation. 

<r  4*  Subject  to  all  ordinances, 
nt  5-  Grant  ten  years. 

^ 6.  Bond, 
m 7.  Acceptance. 

An  ordinance  granting  permission  to  William  Deering  & Co.  to  lay  down  and 
operate  a railroad  track.  (Passed  April  9,  1891.  Accepted  April  17,  1891.) 


1716 


SWITCH  TRACKS PRIVATE. 


[§  741 


If  1.  Route— repair  of  portion  of  Clybourn  avenue.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  per- 

mission and  authority  be,  and  the  same  are,  hereby  granted  to  Wil- 
liam Deering  and  Company,  a corporation  created  and  existing  un- 
der and  by  virtue  of  the  laws  of  the  state  of  Illinois,  its  successors  and 
assigns,  to  lay  down,  maintain  and  operate  a railroad  track  in  part 
upon  the  southwesterly  six  (6)  feet  in  width  of  Clybourn  avenue,  and 
extending  along  and  in  front  of  its  property  from  a point  nine  hundred 
(900)  feet  southeasterly  of  the  intersection  of  the  south  line  of  Diversey 
street  and  the  west  line  of  Clybourn  avenue  to  and  to  connect,  in  the 
most  practical  manner  with,  the  switch  .track  of  the  Chicago  & North- 
western Railway  Company  now  crossing  said  Clybdurn  avenue  near- 
est the  main  tracks  of  said  railway;  Provided,  said  track  shall  be  laid 
down  upon  and  occupy  only  the  westerly  six  (6)  feet  in  width  of  said 
Clybourn  avenue  and  provided,  also,  the  said  track  shall  be  laid  down 
and  maintained  under  the  direction  and  supervision  of  the  commis- 
sioner of  public  works  of  the  city  of  Chicago,  and  that  the  said  Wil- 
liam Deering  and  Company,  its  successors  and  assigns,  shall  keep 
such  portion  of  said  Clybourn  avenue  as  shall  be  occupied  by  said 
track,  and  by  the  sidewalk  hereinafter  provided  for,  in  good  condition 
and  repair  under  the  supervision  of  and  as  it  may  be  directed  by  the 
said,  the  commissioner  of  public  works. 

If  2.  Maintenance  of  sidewalk.]  § 2.  The  permission  and 
authority  hereby  granted  are  with  the  express  understanding  and 
agreement  that  said  William  Deering  and  Company,  its  successors 
and  assigns,  shall,  as  soon  as  said  tracks  are  laid,  erect  along  the  en- 
tire. line  of  said  tracks,  and  during  the  continuance  of  the  franchise 
hereby  granted,  keep  and  maintain  in  good  condition  and  repair,  un- 
der the  supervision  of  and  as  it  may  be  directed  by  the  commissioner 
of  public  works,  a board  or  plank  sidewalk  eight  (8)  feet  wide. 

T 3.  Compensation.]  § 3.  The  rights  and  privileges  herein 
granted  are  upon  the  further  express  condition  that  said  company, 
its  successors  or  assigns,  shall  pay  in  to  the  city  treasury  of  Chicago, 
annually,  at  the  rate  of  fifteen  hundred  (1,500)  dollars  per  mile,  for 
such  proportion  of  a mile  of  railroad  track  as  may  be  constructed  un- 
der the  provisions  of  this  ordinance,  such  payment  to  be  made  on  or 
before  the  first  day  of  April,  during  each  and  every  year  of  the  con- 
tinuance of  the  rights  and  privileges  hereby  granted. 

1 4.  Subject  to  all  ordinances.]  § 4.  This  ordinance  is  ac- 
cepted by  the  said  Deering  and  Company,  subject  to  all  ordinances, 
now  in  force  or  which  may  hereafter  be  in  force,  respecting  railroad 
tracks  and  subject  to  repeal  and  modification  at  any  time. 

*1  5.  Grant  10  years— street  restored.]  § 5.  The  rights  and 
privileges  hereby  granted  shall  cease  and  determine  at  the  end  of  ten 
(10)  years  from  the  passage  hereof  and  this  ordinance,  at  any  time 
before  the  expiration  of  said  ten  (10)  years,  shall  be  subject  to  modi- 
fication or  repeal  and,  in  case  of  repeal,  or  in  case  of  the  expiration 


§ 742] 


DETROIT  STOVE  WORKS 


1717 


of  this  ordinance  by  the  lapse  of  time,  all  privileges  hereby  granted 
shall  cease  and  determine  and  the  said  William  Deering  and  Company, 
its  successors  or  assigns,  shall  at  its  own  expense  cause  said  track  and 
sidewalk  to  be  removed,  as  directed  by  the  commissioner  of  public 
works  of  the  city  of  Chicago,  and  put  said  street,  along  which  said 
tracks  and  said  walks  sre  laid,  in  the  same  condition  as  regards  re- 
pairs and  improvements  as  the  balance  of  said  street  may  be  in  at 
that  time. 

If  6.  Bond.]  § 6.  That,  before  laying  such  track,  and  within 
seventy  days  from  the  passage  hereof,  the  said  William  Deering  and 
Company  shall  enter  into  a bond  to  the  city  of  Chicago  in  the  sum  of 
twenty  thousand  (20,000)  dollars,  to  be  approved  by  the  mayor  of 
said  city,  conditioned  to  indemnify  and  save  harmless  the  city  of  Chi- 
cago from  all  damages,  costs  and  expenses  that  may  accrue  in  conse- 
quence of  the  passage  of  this  ordinance,  or  that  may  in  any  way  arise 
or  grow  out  of  the  exercise  by  said  William  Deering  and  Company, 
their  successors  or  assigns,  of  the  privileges  hereby  granted  and  to 
faithfully  keep  and  perform  all  conditions  required  to  be  kept  and  per- 
formed by  said  Deering  and  Company  under  this  ordinance. 

7.  Acceptance.]  § 7.  This  ordinance  shall  be  in  force  and 
operation  from  and  after  its  passage  and  acceptance  by  said  William 
Deering  and  Company. 


DETROIT  STOVE  WORKS. 

§ 742.  Detroit  Stove  Works. 

% 1.  Route. 

•jj  2.  Track,  how  laid. 

IT  3-  Bond. 

IT  4.  Subject  to  all  general  ordinances, 
it  5.  Grant  20  years. 

An  ordinance  granting  permission  to  the  Detroit  Stove  Works  to  construct  and 
operate  a single  railroad  track.  (Passed  September  25,  1893.) 

IT  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is, 

hereby  granted  to  the  Detroit  Stove  Works  to  lay  down,  maintain  and 
operate  a single  railroad  switch  track  from  the  tracks  now  laid  be- 
tween Twenty-ninth  and  Thirtieth  streets  and  operated  by  the  Chica- 
go, Rock  Island  & Pacific  Railroad  Company,  commencing  at  a point 
on  said  right  of  way  of  said  Chicago,  Rock  Island  & Pacific  Railroad 
about  three  hundred  and  fifty  (350)  feet  north  of  the  north  line  of  Thir- 
tieth street;  thence,  northerly  and  westerly,  across  the  alley  west  of 
and  adjoining  the  tracks  of  said  Chicago,  Rock  Island  & Pacific  Rail- 


1718 


SWITCH  TRACKS PRIVATE. 


[§  743 


road  Company  on  to  said  lots  fifty-one  (51),  fifty-two  (52),  fifty-three 
(53),  fifty-four  (54),  fifty-five  (55)  and  fifty-six  (56),  in  block  six  (6)  of 
Charles  H.  Walker’s  subdivision  of  that  part  south, of  the  north  thirty 
(30)  acres  of  the  east  half  (J4)  of  the  southeast  quarter  (S.  E.  of 
section  twenty-eight  (28),  township  thirty-nine  (39)  north,  range  four- 
teen (14)  east  of  the  third  principal  meridian,  being  one  hundred  and 
fifty  (150)  feet  east  front  on  the  alley. 

If  2.  Track,  how  laid.]  § 2.  T he  said  Detroit  Stove  Works, 
its  successors  and  assigns,  are  hereby  required  and  this  grant  is  made 
upon  the  express  condition  that  it  shall  so  lay  down  and  maintain  said 
track  that  it  shall  interfere  as  little  as  practicable  in  the  use  of  said 
alley  and  shall,  at  all  times,  keep  said  track  in  such  condition  as  to  al- 
low the  free  use  and  easy  passage  of  vehicles  along  and  over  it;  all  of 
which  shall  be  done  under  the  superintendence  of  the  commissioner  of 
public  works. 

IT  3.  Bond.]  § 3.  This  permission  or  grant  is1  made  upon  the 
further  condition  that  said  Detroit  Stove  Works,  its  successors  and 
assigns,  shall  keep  and  save  the  city  of  Chicago  harmless  from  all 
damages,  costs  and  expenses  whatsoever  arising  out  of  the  use  and 
acceptance  of  said  alley  by  said  Detroit  Stove  Works,  and  the  said 
Detroit  Stove  Works  shall  give  a bond,  with  one  or  more  sureties  to 
be  approved  by  the  mayor,  in  the  penal  sum  of  $5,000  for  the  fulfill- 
ment of  the  conditions  of  this  grant  or  permission, 

1 4.  Subject  to  all  general  ordinances.]  § 4.  This  permis- 
sion is  granted  subject  to  all  general^ ordinances,  now  or  hereafter  in 
force,  concerning  railroads,  and  shall  be  subject  to  amendment  or  re- 
peal at  any  time  for  a failure  to  comply  with  any  order  of  the  commis- 
sioner of  public  works  concerning  the  proper  construction  or  main- 
tenance of  said  track. 

1"  5.  Grant  20  years.]  § 5.  This  grant  or  permission  is  here- 
by expressly  limited  to  a period  of  twenty  years  from  the  passage  here- 
of and,  at  the  expiration  of  said  twenty  years,  or  sooner  if  this  ordi- 
nance should  be  repealed,  the  said  Detroit  Stove  Works,  its  success- 
ors or  assigns,  shall  take  up  and  remove  said  track  within  five  days 
after  notice  by  the  commissioner  of  public  works  and,  in  case  of  fail- 
ure or  refusal  to  comply  with  said  notice,  then,  the  city  may  remove 
the  same  at  the  expense  of  said  Detroit  Stove  Works,  its  successors  or 
assigns. 

Note. — See  ordinance  following  for  elevation  of  this  track. 

§ 743.  Detroit  Stove  Works. 

If  1.  Elevation  of  track.) 

Tf ' 2.  Bond. 

An  ordinance  authorizing  the  Detroit  Stove  Works  to  elevate  its  side  or  switch 
track.  (Passed  December  9,  1895.) 

T 1.  Elevation  of  track.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § j.  That  authority  and  permission  are  hereby 


§ 744] 


DOLESE  & SHEPARD. 


1719 


given  to  the  Detroit  Stove  Works  (a  corporation  organized  under  the 
laws  of  the  state  of  Michigan)  to  elevate  its  side,  or  switch  track,  from 
the  tracks  of  the  Chicago,  Rock  Island  & Pacific  Railway  across  the 
alley  adjoining  said  railway  company’s  right  of  way  on  the  west,  be- 
tween 29th  and  30th  streets,  in  the  city  of  Chicago,  to  the  storehouse 
or  place  of  business  of  said  Detroit  Stove  Works,  immediately  ad- 
joining and  west  of  said  alley.  Said  elevation,  where  it  crosses  such 
alley,  shall  be  ten  feet  in  the  clear  above  the  present  grade  of  such  al- 
ley; and  may  be  constructed  of  a substantial  wood  or  frame  structure 
for  that  purpose. 

If  2.  Bond.]  § 2.  Said  Detroit  Stove  Works  shall,  before  build- 
ing such  structure  across  said  alley,  enter  into  a good  and  sufficient 
bond  in  the  penal  sum  of  ten  thousand  dollars  ($10,000)  to  the  city  of 
Chicago,  with  sureties,  to  be  approved  by  the  mayor  of  said  city,  which 
bond  shall  be  conditioned  that  the  said  Detroit  Stove  Works  will  in- 
demnify and  hold  harmless  the  city  of  Chicago  from  any  and  all  loss, 
damage  or  injury  which  may  arise  or  result  to  said  city  through  or  by 
means  of  the  construction,  maintenance  or  operation  of  said  switch 
track. 


DOLESE  & SHEPARD. 

§ 744.  Dolese  & Shepard. 

Tf  1.  Grant  ten  years. 

If  2.  Conditions. 

•f  3.  Acceptance. 

An  ordinance  granting  permission  to  Dolese  & Shepard  to  lay  a railroad  track 
across  Wallace  street.  (Passed  December  29,  1890.  Accepted  February  2,  1891.) 

IT  1.  Grant  ten  years— route.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  a right  of  way  be  and  the  same 
is  hereby  granted,  for  a period  of  ten  years  from  the  passage  of  this 
ordinance,  to  John  Dolese  and  Jason  H.  Shepard,  doing  business’  um 
der  the  firm  name  of  Dolese  & Shepard,  of  the  city  of  Chicago,  county 
of  Cook  and  state  of  Illinois,  to  lay  a railroad  track,  as  follows:  Com- 
mencing at  a point  west  of  Wallace  street,  connecting  with  the  south 
track  of  the  Union  Stock  Yard  and  Transit  Company’s  track  and 
running  east  parallel  with  said  south  track,  at  a proper  distance  there- 
from to  allow  cars  to  pass  with  safety  to  and  across  Wallace  street  to 
land  owned  and  occupied  by  said  Dolese  & Shepard,  lying  east  and 
adjoining  Wallace  street  and  south  and  adjoining  the  said  south  track 
of  the  said  Union  Stock  Yard  and  Transit  Company’s  railroad. 

1"  2.  Conditions.]  § 2.  That  said  railroad  track,  when  laid  as 
provided  in  section  1,  shall  be  on  a grade  with  the  tracks  of  the  said 


1720 


SWITCH  TRACKS PRIVATE. 


railroad  company  now  crossing*  Wallace  street;  Provided  that,  before 
laying  such  track,  said  John  Dolese  and  Jason  H.  Shepard  shall  enter 
into  a bond  to  the  city  of  Chicago,  with  two  or  more  sureties  to  be  ap- 
proved by  the  mayor,  in  the  penal  sum  of  ten  thousand  dollars  ($10,- 
ooo),  conditioned  to  save  the  said  city  harmless  from  any  and  all  dam- 
ages which  may  arise  from  or  grow  out  of  the  privileges  hereby  grant- 
ed, or  the  laying  or  operating  of  said  track;  Provided  further,  that  said 
John  Dolese  and  Jason  H.  Shepard,  or  their  assign,  shall  plank  the 
said  street  between  the  tracks  hereby  authorized  to  be  laid,  and  keep 
the  same  in  good  repair,  under  the  direction  of  the  proper  city  author- 
ities. 

T 3.  Acceptance,]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  the  said  parties  named  in  section  1 hereof. 


WILLIAMDOUGLAS. 

§ 745.  William  Douglas. 

1.  Route— two  tracks— grant  ten  years. 

2.  Bond — conditions. 

3.  In  effect. 

An  ordinance  granting  permission  to  William  Douglas  to  put  in  and  operate  on 
Bloomingdale  road  a side  track.  (Passed  January  25,  1892.) 

T 1.  Route — two  tracks— grant  ten  years — second  track  across 
Fairfield  avenue.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  is  hereby  given  to  William  Douglas, 
upon  complying  with  the  terms  of  this  ordinance,  to  cause  to  be  put  in, 
constructed  and  operated  upon  and  along  Bloomingdale  road  and  the 
property  adjoining  thereto,  within  the  city  of  Chicago,  a side  track  to 
be  connected  with  the  tracks  of  the  Chicago,  Milwaukee  & St.  Paul 
Railroad  Company  and  to  be  located  as  follows:  Said  side  track  shall 
have  its  junction  with  the  tracks  of  said  Chicago,  Milwaukee  & St. 
Paul  Railroad  at  a point  not  further  east  than  the  east  line  of  the  alley 
running  north  and  south  in  the  middle  of  the  block  lying  between 
Fairfield  avenue  and  Washtenaw  avenue,  and  shall  extend  westward 
along  and  adjacent  to  said  street  on  the  south  side  of  said  main  tracks 
not  further  west  than  the  east  line  of  California  avenue.  A second 
track,  constituting  a part  of  said  switch,  may,  also,  be  constructed 
and  operated,  having  its  junction  with  the  said  track  above  named 
at  a point  between  the  above  named  alley  and  Fairfield  avenue  and 
extending  westward  parallel  with  the  side  track  above  named  and  like- 
wise on  the  south  side  of  the  said  main  tracks  to  a point  not  further 
west  than  the  east  line  of  California  avenue  and,  for  such  purpose,  said 
double  side  track  may  be  built  across  Fairfield  avenue  at  a point  not 


§ 746] 


DOWDLE  & MCWHIRTER. 


1721 


more  than  four  feet  south  of  its  junction  with  the  south  line  of  Bloom- 
ingdale  road.  Such  side  tracks  may  be  used  and  operated  by  said 
William  Douglas,  or  his  assigns,  for  a period  of  not  more  than  ten 
years  from  the  passage  of  this  ordinance. 

T 2.  Bond — conditions.!  § 2.  This  ordinance  shall  have  no 
force  or  effect  until  said  William  Douglas  shall  make  and  execute 
a bond,  to  be  approved  by  the  comptroller,  payable  to*  the  city  of 
Chicago,  in  the  penal  sum  of  five  thousand  (5,000)  dollars,  con- 
ditioned that  he  will  indemnify  and  save  harmless  the  city  of  Chicago 
from  any  and  all  loss  or  damage  of  every  kind  which  it  may  sustain 
by  reason  of  the  passage  of  this  ordinance  and  by  reason  of  the  ex- 
ercising and  enjoyment,  by  said  Douglas  and  his  assigns,,  of  the 
privileges  and  benefits  by  this  ordinance  conferred.  And  it  is  further 
understood  and  agreed  that  neither  said  William  Douglas  nor  his 
assigns  shall  permit  any  cars  to  stand  upon  said  side  track  so  as  to 
impede  or  obstruct  public  travel,  and  this  ordinance  is  hereby  granted 
upon  the  further  condition  that  said  Douglas  shall  keep  the  space 
occupied  by  said  tracks  in  said  street  properly  planked  or  paved  in 
such  manner  that  public  travel  can  freely  pass  over  the  same  at  all 
times,  and  in  all  directions. 

IF  3.  In  effect.]  § 3.  This  ordinance  shall  be  in  force  and  take 
effect  from  and  after  its  passage  and  approval  of  said  bond. 


DOWDLE  & McWHIRTER. 

§ 746.  Dowdle  & McWhirter. 

Tf  1.  North  Halsted  street. 

IF  2-  Maintenance  of  track— repair  of  sidewalk— removal  for  failure. 

if  3.  Standing  cars  prohibited. 

If  4.  Bond. 

If  5*  Amendment  or  repeal  —grant  ten  years. 

if  6.  Acceptance. 

An  ordinance  granting  permission  to  Dowdle  & McWhirter  to  lay  down  and 
operate  a switch  track.  (Passed  May  13,  1889.) 

1 1.  North  Halsted  street.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago  : § 1.  That  permission  and  authority  is  hereby 

granted  to  John  Dowdle  and  James  McWhirter,  doing  business \under 
the  name  and  style  of  Dowdle  & McWhirter,  to  lay  down  and  operate 
a switch  track  across  North  Halsted  street,  from  block  82,  Elston  addi- 
tion to  lots  5 and  6,  block  97,  Elston  addition,  and  connecting  with 
the  railroad  tracks  now  on  said  block  82,  belonging  to  the  Chicago, 
Milwaukee  and  St.  Paul  Railroad  Company. 


1722 


SWITCH  TRACKS — PRIVATE. 


If  2.  Maintenance  of  track — repair  of  sidewalk — removal  for 
failure.]  § 2.  The  said  Dowdle  and  McWhirter  are  hereby  required, 
and  this  grant  is  made  on  the  express  condition  that  they  shall  so  lay 
down  and  maintain  said  track,  that  it  shall  interfere  as  little  as  prac- 
ticable in  the  use  of  said  Halsted  street,  and  shall  at  all  times  keep  said 
track  in  such  condition  as  to  allow  the  free  use  and  easy  passage  of 
vehicles  along  and  over  the  same,  and  that  they  will  also  keep  the 
sidewalk  across  said  track  in  good  condition  and  repair  so  as  not  to 
endanger  the  passage  of  pedestrians  over  the  same,  all  of  which  shall 
be  done  under  the  directions  of  the  department  of  public  works,  and 
whenever  the  department  of  public  works  shall  order  said  track  to  De 
repaired  or  placed  in  a safe  condition  for  travel  over  the  same,  then 
said  Dowdle  and  McWhirter  shall  comply  with  such1  order  within 
ten  (10)  days  thereafter,  and  in  case  of  a refusal  to  comply  with  such 
order,  then  the  department  of  public  works  may,  without  further  no- 
tice, take  up  and  remove  such  track,  and  all  rights  hereunder  shall 
then  cease  and  determine. 

1 3.  Standing  cars  prohibited.]  § 3.  Said  Dowdle  and  Mc- 
Whirter shall  not,  at  any  time,  permit  any  car  or  cars  to  stand  upon 
said  track  across  Halsted  street. 

If  4.  Bond.]  § 4.  This  permission  and  authority  is  made  upon 
the  further  condition  that  said  John  Dowdle  and  James  McWhirter 
shall  keep  and  save  the  city  of  Chicago  harmless  from  all  damages, 
costs  and  expenses  whatsoever  arising  out  of  this  grant,  and  said  John 
Dowdle  and  James  McWhirter  shall  give  a bond,  with  one  or  more 
sureties,  to  be  approved  by  the  mayor,  in  the  penal  sum  of  five  thou- 
sand dollars  for  the  fulfillment  of  the  conditions  of  this  grant  or  per- 
mission. 

If  5.  Amendment  or  repeal— grant  10  years — removal.]  § 5. 

This  ordinance  shall  be  subject  to  amendment  or  repeal  at  any  time, 
and  is  expressly  limited  to  a period  of  ten  years  from  the  passage 
hereof,  and  at  the  expiration  of  said  ten  (10)  years,  or  sooner  if 
this  ordinance  should  be  repealed,  then  said  Dowdle  and  McWhirter 
shall  take  up  and  remove  said  track  from  Halsted  street  within  five  (5) 
days  after  notice  by  the  department  of  public  works,  and  in  case 
of  failure,  or  in  case  said  Dowdle  and  McWhirter,  or  either  of  them, 
do  not  use  said  track,  then  the  city  may  remove  the  same  and  place 
the  street  where  occupied  by  said  track  in  such  condition  as  it  may 
see  fit  so  as  to  correspond  to  the  other  parts  of  the  street,  and  the 
expense  of  such  removal,  or  of  any  removal,  of  said  track  shall  be  paid 
by  said  John  Dowdle  and  James  McWhirter,  their  heirs,  executors  and 
administrators,  jointly  or  severally. 

If  6.  Acceptance.]  § 6.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  said  Dowdle  and  McWhirter,  and  the  filing 
of  and  approval  of  the  bond,  provided  for  in  section  four  hereof,  which 
shall  be  done  within  thirty  (30)  days  from  the  passage  hereof,  and  in 
such  acceptance  said  Dowdle  and  McWhirter  shall  expressly  agree 


§ 747] 


JOHN  J.  DUNN. 


1723 


to  all  the  conditions  of  thi§  ordinance  and  expressly  agree  to  pay  to 
the  city  of  Chicago  all  moneys  it  may  be  compelled  to  pay  for  or  by 
reason  of  granting  this  permission. 


JOHN  J.  DUNN. 

§ 747-  John  J.  Dunn. 

i.  Elevation  of  track  across  alley  adjoining  L.  S.  & M.  S.  Ry. 
i\  2.  Bond, 
it  3.  When  in  force. 

An  ordinance  granting  permission  to  John  J.  Dunn  to  elevate  his  switch  track. 

(Passed  July  13,  1896.) 

T 1.  Elevation  of  track  across  alley  adjoining  L.  S.  & M. 
S.  Ry.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:. 
§ 1.  That  authority  and  permission  are  hereby  given  to  John  J.  Dunn 
to  elevate  his  side  or  switch  track,  which  is  now  connected  with  the 
tracks  of  the  Lake  Shore  and  Michigan  Southern  Railroad  Company, 
across  the  alley  adjoining  said  railroad  company’s  right  of  wav  on  the 
east,  between  51st  and  52nd  streets,  in  the  city  of  Chicago.  The  said 
switch  track  connects  the  said  railroad  with  the  place  of  business  of 
the  said  John  J.  Dunn,  immediately  adjoining  and  east  of  said  alley, 
and  otherwise  described  as  follows:  Lots  1 to  10,  Block  3,  Baierley's 
Subdivision  of  Lots  1 to  5 of  Turner’s  Subdivision  of  east  part  of 
northeast  southeast  j4>  section  9,  township  38  north,  range  14  east 
of  the  third  principal  meridian.  Said  elevation  where  it  crosses  said 
alley  shall  be  ten  feet  in  the  clear  above  the  present  grade  of  said 
alley,  and  may  be  constructed  of  substantial  wood  or  frame  structure 
for  that  purpose.  Said  work  to  be  done  under  the  supervision  of  the 
commissioner  of  public  works. 

T 2.  Bond.]  § 2.  Said  John  J.  Dunn  shall,  before  commencing 
the  work  of  elevating  said  side  track  across  said  alley,  enter  into  a 
good  and  sufficient  bond  in  the  penal  sum  of  $5,000  to  the  city  of 
Chicago,  with  sureties  to  be  approved  by  the  mayor  of  said  city,  which 
bond  shall  be  conditioned  that  the  said  John  J.  Dunn  will  indemnify 
and  hold  harmless  the  city  of  Chicago  from  any  and  all  loss,  damage 
and  injuries  which  may  arise  or  result  to  said  city  through  or  by  means 
of  the  construction,  maintenance  or  operation  of  said  side  track. 

IT  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — Original  privilege  granted  by  trustees  of  town  of  Lake. 
See  petition  on  file  in  city  clerk’s  office. 


1724 


SWITCH  TRACKS — PRIVATE. 


t§  § 748,  749 


JAMES  G.  DWEN. 


§ 748.  James  G.  Dwen. 

*ff  1.  Grant  twenty  years — Grove  and  Twentieth  streets,  and  in  alley, 
etc. — repair  of  entire  alley. 

2.  When  in  force. 

An  ordinance  granting  permission  to  James  G.  Dwen  to  lay  down  and  construct 
a single  railroad  track.  (Passed  February  1,  1886.) 

1 1.  Grant  20  years— Grove  and  20th  streets,  and  in  alley, 
etc. — repair  of  entire  alley.]  Be  it  ordained  by  the  city  council  of 

the  city  of  Chicago:  § 1.  That  permission  is  hereby  given  and 

granted  to  the  Chicago  and  Western  Indiana  Railway  Company  and 
the  Chicago,  Alton  and  St.  Louis  Railway  Company,  and  James  G. 
Dwen,  to  lay  down,  construct  and  maintain  a single  railroad  track  for 
a period  of  twenty  (20)  years,  from  the  tracks  of  the  Chicago  and 
Western  Indiana  Railway  Company,  and  the  Chicago,  Alton  and  St. 
Louis  Railway  Company,  in  Grove  street,  to  the  south  line  of  lot  4, 
block  41,  Canal  Trustees’  new  subdivision  of  S.  E.  *4  of  section  21, 
T.  39  N.,  R.  14  E.  Said  side  track  to  commence  at  the  nearest  prac- 
tical point  m front  of  lot  8,  9 or  10,  block  42,  in  said'  subdivision; 
from  thence  across  the  west  end  of  Twentieth  street  and  from  thence 
to  occupy  the  east  half  of  the  alley,  west  of  and  adjoining  said  lot  4 in 
said  block  41. 

Provided,  said  track  shall  be  laid  down  and  maintained  under  the 
supervision  of  the  department  of  public  works. 

Provided,  further,  that  said  Chicago  and  Western  Indiana  Rail- 
way Company  and  the  Chicago,  Alton  and  St.  Louis  Railway  Com- 
pany and  James  G.  Dwen  shall  improve  and  keep  in  good  repair  dur- 
ing the  entire  term  of  this  grant,  twenty  (20)  years,  the  entire  alley 
west  of  and  adjoining  said  lot  4 in  said  block  41 ; and 

Provided,  further,  that  the  privileges  hereby  granted  shall  be  sub- 
ject to  all  ordinances  now  in  force  concerning  railroads,  or  which  may 
hereafter  be  passed,  and  upon  further  express  conditions  that  the  city 
of  Chicago  may  at  any  time  repeal  this  ordinance. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


PATRICK  EDGEWORTH. 


§ 749.  Patrick  Edgeworth. 

•7  1.  Grant — term  ten  years — route — bond, 
if  2.  Subject  to  all  ordinances. 

3.  Cessation  of  grant — duty  of  grantee. 

4.  In  effect. 


§ 7S°] 


W.  EVERETT  & SON. 


1725 


An  ordinance  authorizing  Patrick  Edgeworth  to  construct  and  operate  a switch 
or  railroad  track  in  and  across  Stewart  avenue.  (Passed  September  25,  1893.) 

1 1.  Grant — term  10  years — route — bond.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  are  hereby  granted  to  Patrick  Edgeworth  and  his  assigns 
to  lay  down,  maintain  and  operate  for  a period  of  ten  (10)  years  from 
the  date  of  the  passage  hereof  a switch  or  railroad  track  in  Stewart 
avenue  from  the  tracks  of  the  Pittsburg,  Fort  Wayne  & Chicago  Rail- 
road Company  over  the  following  line,  to  wit:  Commencing  on  the 

east  track  of  the  P.,  F.  W.  & C.  R.  R.  Company  about  one  hundred 
and  twenty-five  (125)  feet  north  of  the  north  line  of  Twenty-seventh 
street  produced,  thence  on  a curve  in  a southeasterly  direction  in  and 
across  Stewart  avenue  in  to  the  stone  yard  on  the  east  side  of  said 
Stewart  avenue,  the  said  track  to  be  used  in  connection  with  said  stone 
yard,  as  shown  on  the  plat  attached  hereto;  Provided,  that  said  track 
shall  be  laid  down,  maintained  and  operated  under  the  direction  and 
supervision  of  the  commissioner  of  public  works;  Provided,  further, 
that  the  said  Patrick  Edgeworth  or  his  assigns  shall,  before  laying 
said  track,  enter  into  a good  and  sufficient  bond  with  the  city  of  Chi- 
cago in  the  sum  of  ten  thousand  dollars  ($10,000),  conditioned  to  hold 
said  city  harmless  from  all  damages,  costs  and  expenses  whatever 
which  may  result  from  or  arise  out  of  the  passage  of  this  ordinance 
or  the  exercise  of  any  of  the  privileges  herein  granted. 

IT  2.  Subject  to  all  ordinances.]  § 2.  The  privileges  hereby 
conferred  shall  be  exercised  and  enjoyed  subject  to  all  ordinances  now 
in  force  or  which  may  hereafter  be  passed  concerning  railroads. 

H 3.  Cessation  of  grant— duty  of  grantee.]  § 3.  At  the  ex- 
piration of  said  ten  (10)  years  the  said  Patrick  Edgeworth  or  his  as- 
signs shall  cause  said  track  to  be  removed  and,  in  default  thereof,  the 
same  shall  be  removed  by  the  city  of  Chicago  at  the  expense  of  the 
said  Edgeworth,  or  of  his  assigns,  and  the  said  Edgeworth  and  his 
assigns,  upon  the  removal  of  said  tracks,  shall  place  said  avenue  in 
such  repair  and  condition  as  the  department  of  public  works  may 
require. 

1 4.  In  effect.]  § 4.  This  ordinance  shall  be  in  force  and 
take  effect  from  and  after  its  passage  and  the  filing  of  the  bond  re- 
quired herein. 


W.  EVERETT  & SON. 

§750.  W.  Everett  & Son. 

1[  1.  Grant  five  years — route — bond. 

TT  2.  Acceptance. 


SWITCH  TRACKS PRIVATE. 


1726 


[§  751 


An  ordinance  authorizing  W.  Everett  & Son  to  construct  and  maintain  a single 
sidetrack.  (Passed  June  5,  1893.  Accepted  June  12,  1893.) 

T 1.  Grant  5 years— route— bond.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority is  hereby  granted  to  W.  Everett  & Son,  for  a period  of  five  (5) 
years  from  the  passage  of  this  ordinance,  to  lay  down  and  operate  a 
private  single  side-track,  from  and  connecting  with  the  main  tracks 
of  the  Lake  Shore  and  Michigan  Southern  Railway,  commencing 
at  a point  about  eight  hundred  (800)  feet  southeast  of  the  south  line 
of  Seventy-sixth  street,  and  thence  northwesterly  along  the  north 
line  of  said  railroad  company’s  right  of  way  and  across  an  alley  to 
the  leased  property  of  W.  Everett  & Son,  as  shown  on  plat  herewith 
attached;  Provided,  that  before  laying  such  track  said  W.  Everett  & 
Son  shall  enter  into  a bond  to  the  city  of  Chicago,  with  good  and 
sufficient  sureties,  in  the  penal  sum  of  one  thousand  dollars  ($1,000), 
to  be  approved  by  the  commissioner  of  public  works,  conditioned  to 
save  the  said  city  harmless  from  any  and  all  damages  which  may  arise 
from  or  grow  out  of  the  privileges  hereby  granted,  or  the  laying  or 
operating  of  said  track. 

2.  Acceptance.]  § 2.  This  ordinance  shall  be  in  force  and 
takes  effect  when  it  shall  have  been  accepted  by  said  W.  Everett  & 
Son  and  said  bond  filed  and  approved;  Provided,  said  acceptance  and 
bond  shall  be  filed  with  the  city  clerk  within  thirty  (30)  days  from 
passage  thereof. 


FELIX  & MARSTON. 

§ 751.  P'elix  & Marston. 

TI  1.  Term  ten  years — West  Sixteenth  and  Arthur  streets  — con- 
ditions. 

IT  2.  Bond — condition  as  to  elevation. 

3.  In  effect. 

An  ordinance  authorizing  Felix  & Marston  to  maintain  and  operate  certain  switch 
tracks.  (Passed  July  2,  1894.) 

If  1.  Term  10  years— West  Sixteenth  and  Arthur  streets— 
conditions.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  That  permission  and  authority  be  and  they  are  hereby 

given,  for  the  period  of  ten  (10)  years,  to  the  firm  of  Felix  and  Marston, 
their  successors,  heirs  and  assigns,  to  lay  down,  maintain  and  operate 
or  cause  to  be  operated,  two  railroad  tracks  near  the  corner  of  West 
16th  street  and  Arthur  street,  more  particularly  descibed  as  follows: 
A single  track  from  a connection  with  the  track  of  the  Chicago,  Bur- 
lington and  Quincy  Railroad  Company  now  situated  upon  said  West 


§75i] 


FELIX  & MARSTON. 


1727 


16th  street  near  the  intersection  thereof  by  Canal  street,  thence  with 
proper  curves  along  the  south  side  of  16th  street  to  the  east  line 
of  Arthur  street,  thence  curving  southeasterly  across  the  south  line 
of  16th  street  on  to  adjoining  private  property.  Also,  a single  rail- 
road track  beginning  at  a point  on  the  north  line  of  West  16th  street, 
about  200  feet  east  of  the  east  line  of  Canal  street,  running  southeast- 
erly on  a curve  across  said  West  i6th  street  on  to  private  property 
owned  or  controlled  by  said  Felix  and  Marston,  on  the  southwest  cor- 
ner of  i6th  street  and  Arthur  street. 

The  location  of  said  proposed  tracks  are  more  specifically  placed 
on  a plat  hereto  attached. 

Said  tracks  shall  be  laid  and  maintained  under  the  supervision  of 
the  commissioner  of  public  works;  and  said  company  shall  keep  such 
portion  of  the  street  as  is  occupied  by  said  tracks  in  good1  condition 
and  repair,  so  as  not  to  interfere  with’  public  travel,  under  like  super- 
vision. 

At  the  expiration  of  the  time  herein  limited  all  rights  under  this 
ordinance  shall  absolutely  cease  and  determine  without  any  act  on 
the  part  of  the  city,  and  the  said  tracks  shall  be,  at  once,  removed  and 
the  street  placed  in  good  condition  and  repair  at  the  expense  of  said 
company. 

1 2.  Bond — condition  as  to  elevation.]  § 2.  This  ordinance 
is  passed  and  the  permission  aforesaid  granted  upon  the  express  con- 
dition that  the  said  Felix  and  Marston  shall  enter  into  bonds  with 
the  said  city  of  Chicago,  signed  by  sureties  to  be  approved  by  the 
mayor,  within  ten  days  from  its  passage,  in  the  sum  of  ten  thousand 
dollars,  conditioned  to  comply  with  the  conditions  of  this  ordinance, 
and  the  general  railroad  ordinances  now  in  force  or  that  may  here- 
after be  passed,  also,  to  save,  keep  harmless  and  indemnify  the  city 
of  Chicago  from  all  damages,  costs  and  expenses  that  may  accrue 
or  in  any  wise  arise  from  or  grow  out  of  the  privileges  hereby  granted, 
and  upon  further  express  condition  that  the  city  of  Chicago  may,  at 
any  time,  repeal  this  ordinance.  This  ordinance  is  passed  and  the 
permission  aforesaid  is  granted  with  the  further  condition  that  in 
case  the  tracks  of  any  railroad  or  railroads  with  which  the  aforesaid 
switch  tracks  shall  be  connected  shall  be  elevated  above  the  surface  of 
1 6th  street,  the  aforesaid  switch  tracks  shall  also  be  elevated  and 
removed  from  the  surface  of  said  street  with  the  said  railroad,  with 
which  it  shall  be  connected,  without  expense  to  the  city  of  Chicago, 
and  that  the  railroad  company  with  whose  tracks  the  same  shall  be  so 
connected  and  the  said  Felix  and  Marston  shall  pay  all  damages, 
costs  and  expenses  that  may  accrue,  result  or  in  any  wise  arise  from  or 
grow  out  of  such  elevation  of  such  switch  tracks  and  save  and  keep 
harmless  and  indemnify  the  city  therefrom. 

This  ordinance  shall  not  give  to  said  Felix  and  Marston  any  au- 
thority to  interfere  with  the  railroad  tracks  in  said  street  nor  to  ob- 
struct the  transportation  of  cars  thereon,  but  said  switch  tracks,  being 
for  the  special  benefit  of  said  company,  shall  be  laid,  cared  for  and 


1728 


SWITCH  TRACKS PRIVATE. 


[§  752 


operated  in  such  a manner  as  will  not  interfere  with  the  public  service 
rendered  by  the  railroads  occupying1  part  of  said  street;  and  the  com- 
missioner of  public  works  shall  take  care  that  these  restrictions  be 
obeyed  by  said  Felix  and  Marston,  and  in  default  of  such  obedience 
he  shall  cause  said  switch  tracks  to  be  removed. 

If  3.  In  effect.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  due  publication. 


LAWRENCE  J.  FITZGERALD. 

§ 752.  Lawrence  J.  Fitzgerald. 

1.  Grant  ten  years — bond. 

2.  Conditions. 

3.  Expiration  of  grant — duty  of  lessee. 

Tf  4.  Acceptance. 

An  ordinance  authorizing  Lawrence  J.  Fitzgerald  to  construct  and  maintain  a 
single  side  track  across  Eighty-first  street  and  Wallace  street.  (Passed  July 
16,  1891.) 

^f  1.  Grant  ten  years — bond.]  Be  it  ordained  bv  the  city  coun- 
cil of  the  city  of  Chicago:  §1.  That  permission  and  authority  are 

hereby  granted  to  Lawrence  J.  Fitzgerald  to  construct,  maintain  and 
operate,  for  a period  of  ten  (10)  years  from  the  passage  hereof  (unless 
the  permission  and  authority  shall  be  sooner  revoked  by  the  city  coun- 
cil), a private  single  side  track,  commencing  at  a point  in  the  west 
main  track  of  the  Chicago  & Western  Indiana  Railroad  Company  ten 
(10)  feet  north  of  the  north  line  of  82d  street,  thence  in  a northwesterly 
direction  across  Wallace  and  81  st  streets  to  a point  three  (3)  feet  west 
of  the  northwest  corner  of  81  st  and  Wallace  street;  Provided,  how- 
ever, that  said  Fitzgerald  shall  first  execute  and  deliver  to  the  city  of 
Chicago  a bond,  with  good  and  sufficient  sureties  to  be  approved  by 
the  commissioner  of  public  works,  in  the  penal  sum  of  ten  thousand 
(10,000)  dollars,  conditioned  for  the  faithful  performance  by  the  said 
Fitzgerald  of  all  of  the  provisions  and  conditions  of  this  ordinance, 
and  shall  indemnify  and  save  harmless  the  city  of  Chicago  from  all  ex- 
penses, costs  and  damages  it  may  sustain  by  reason  of  the  construc- 
tion, maintenance  or  operation  of  said  track  and  of  the  exercise  by  the 
said  Fitzgerald  of  the  provisions  herein  granted;  and,  provided,  fur- 
ther, that  the  privileges  hereby  conferred  shall  be  exercised  and  en- 
joyed subject  to  all  railroad  or  other  ordinances  now  in  force  or  which 
may  be  hereafter  passed  by  the  city  council. 

1"  2.  Conditions.]  § 2.  Said  track  shall  be  laid  down  and  main- 
tained under  the  direction  of  the  commissioner  of  public  works  and  in 


§ 753] 


P.  J.  FLYNN. 


1729 


such  manner  as  to  interfere  as  little  as  possible  with  the  use  of  said 
Wallace  and  8ist  streets,  and  the  space  between  the  rails  of  said  track 
shall  be  planked  so  as  to  allow  the  free  passage  of  persons,  teams  and 
vehicles  along  and  over  the  same  at  all  times,  and  no  locomotive  or  car 
shall  be  allowed  to  stand  upon  said  Wallace  or  said  8ist  streets,  nor 
shall  any  car  load  or  unload  thereon.  And  if  said  Fitzgerald  shall  vio- 
late any  of  the  provisions  of  this  ordinance  the  commissioner  of  public 
works  may,  without  notice  to  said  Fitzgerald,  cause  said  track  to  be 
removed  from  said  streets  and  the  streets  to  be  restored  to  their  former 
condition  at  the  expense  of  said  Fitzgerald. 

If  3.  Expiration  of  grant— duty  of  lessee.]  § 3.  At  the  expiration 
of  said  ten  (10)  years,  or  as  much  sooner  as  the  city  council  shall  order, 
the  said  Fitzgerald  shall  cause  said  track  to  be  removed  and  said 
streets  to  be  restored  to  the  same  condition  in  which  they  were  before 
the  construction  of  said  track,  and,  in  default  thereof,  the  said  track 
may  be  removed  and  the  said  streets  restored  to  their  former  condition 
by  the  commissioner  of  public  works  and  at  the  expense  of  said  Fitz- 
gerald. 

If  4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  and 
take  effect  when  it  shall  have  been  accepted  by  said  Fitzgerald  and 
said  bond  filed  and  approved;  Provided,  said  acceptance  and  bond 
shall  be  filed  within  thirty  (30)  days  from  the  passage  hereof,  other- 
wise this  ordinance  shall  be  null  and  void. 


P.  J.  FLYNN. 

§ 753-  P.  J-  Flynn. 

1.  Route. 

*T  2.  Grant  ten  years. 

IT  3.  Bond. 

IT  4-  Acceptance. 

An  ordinance  authorizing  P.  J.  Flynn  to  construct  and  operate  a switch  track. 

(Passed  October  26,  1891.  Accepted  November  7,  1891.) 

If  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  are 
hereby  granted  to  P.  J.  Flynn  to  lay  down  and  operate  a private  single 
switch  track  commencing  at  a point  immediately  south  of  the  south 
line  of  67th  street,  connecting  with  the  tracks  of  the  Chicago  & West- 
ern Indiana  R.  R.  (and  now  crossing  said  67th  street  at  this  place) 
and  extending  northerly  along  the  east  line  of  the  south  one-half  of  lot 
28,  as  per  attached  plat. 

% 2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 

109 


SWITCH  TRACKS PRIVATE. 


1730 


[§  754 


granted  shall  cease  at  the  end  of  ten  years  from  the  passage  hereof, 
and  this  ordinance  at  any  time  shall  be  subject  to  repeal. 

If  3.  Bond.]  § 3.  That,  before  laying  such  track  and  within 
sixty  days  from  the  passage  of  this  ordinance,  P.  J.  Flynn  shall  enter 
into  a bond  to  the  city  of  Chicago  in  the  sum  of  ten  thousand  (10,000) 
dollars,  conditioned  to  indemnify  and  save  harmless  the  city  of  Chi- 
cago from  all  damages,  costs  or  expenses  that  may  accrue  in  conse- 
quence of  the  passage  of  this  ordinance,  or  that  may  in  any  way  arise 
or  grow  out  of  the  exercise  by  P.  J.  Flynn,  his  successors  or  assigns, 
of  the  privileges  hereby  granted,  and  to  faithfully  keep  and  perform 
all  conditions  required  to  be  kept  and  performed  by  said  P.  J.  Flynn 
under  this  ordinance. 

IT  4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  and 
operation  from  and  after  its  passage  and  acceptance  by  said  P.  J. 
Flynn. 


J.  S.  FORD,  JOHNSON  & CO. 

§ 754.  J.  S.  Ford,  Johnson  & Co. 

If  1.  Across  Indiana  avenue  near  Sixteenth  street. 

2.  Use  of  street — repair  of,  etc. — removal  for  failure. 

If  3.  Cars  not  to  stand  on  track. 

Tf  4.  Bond. 

if  5.  Grant  ten  years — removal — restoration  of  street 
if  6.  Acceptance. 

An  ordinance  granting  permission  to  J.  S.  Ford,  Johnson  & Co.  to  lay  down  and 
maintain  a switch  track.  (Passed  June  17,  1889.  Accepted  June  24,  1889.) 

T 1.  Across  Indiana  avenue  near  16th  street.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 
sion and  authority  is  hereby  granted  to  John  S.  Ford,  Henry  W. 
Johnson  and  Reuben  A.  Hitchcock,  doing  business  under  the  firm 
name  and  style  of  J.  S.  Ford,  Johnson  & Co.,  to  lay  down,  maintain 
and  operate  a switch  track  across  Indiana  avenue,  near  16th  street, 
commencing  at  the  switch  track  about  270  feet  north  of  the  north 
line  of  16th  street,  thence  in  a southwesterly  direction  parallel  with 
the  main  line  of  the  St.  Charles  Air  Line  Railroad  to  the  east  line 
of  the  alley  west  ot  Indiana  avenue  and  immediately  north  of  16th 
street. 

If  2.  Use  of  street — repair  of,  etc.— removal  for  failure.] 

§ 2.  That  the  said  parties  named  in  section  one  are  hereby  re- 
quired, and  this  grant  is  made  on  the  express  condition,  that  they 
shall  so  lay  down  and  maintain  the  said  track  that  it  shall  interfere 
as  little  as  practical  in  the  use  of  said  Indiana  avenue,  and  shall  at 


754] 


J.  S.  FORD,  JOHNSON  & CO. 


1731 


all  times  keep  said  track  in  such  condition  as  to  allow  the  free  use 
and  easy  passage  of  vehicles  along  and  over  the  same,  and  that  they 
will  also  keep  the  sidewalks  across  the  same  in  good  condition  and 
repair,  so  as  not  to  endanger  the  passage  of  pedestrians  over  the  same, 
all  of  which  shall  be  done  under  the  direction  of  the  department  of 
public  works.  And  whenever  the  department  of  public  works  shall 
order  said  track  to  be  repaired  or  placed  in  a safe  condition  for  travel 
over  the  same,  then  said  parties  named  in  section  one  shall  comply 
with  such  order  within  ten  (io)  days  thereafter,  and  in  case  of  refusal 
to  comply  with  such  order,  then  the  department  of  public  works  may, 
without  further  notice,  take  up  and  remove  such  track,  and  all  rights 
hereunder  shall  then  cease  and  determine.  And  said  parties  named 
in  section  one  shall  cause  the  gate  now  at  Indiana  avenue,  south  of 
the  railroad  track  now  on  Indiana  avenue  at  said  point,  to  be  replaced 
south  of  the  track  hereby  authorized  to  be  laid. 

If  3.  Cars  not  to  stand  on  track.]  § 3.  Said  parties  named 
in  section  one  shall  not  at  any  time  permit  any  car  or  cars  to  stand 
upon  said  tracks  across  Indiana  avenue. 

If  4.  Bond.]  § 4.  This  permission  and  authority  is  made  upon 
the  further  condition  that  said  parties  named  in  section  one  shall 
keep  and  save  the  city  of  Chicago  harmless  from  all  damages,  costs 
and  expenses  whatsoever  arising  out  of  this  grant,  and  shall  enter 
into  a bond,  with  one  or  more  sureties,  to  be  approved  by  the  mayor*, 
in  the  penal  sum  of  five  thousand  (5,000)  dollars,  for  the  faithful  per- 
formance of  all  the  conditions  of  this  ordinance, 

T 5.  Grant  10  years— removal— restoration  of  street.]  § 5. 
This  ordinance  shall  be  subject  to  amendment  or  repeal  at  any  time,, 
and  it  is  expressly  limited  to  a period  of  ten  (10)  years  from  the  pass- 
age hereof,  and  at  the  expiration  of  said  ten  (10)  years,  or  sooner, 
if  this  ordinance  shall  be  repealed,  then  said  parties  named  in  section 
one  shall  take  up  and  remove  said  track  from  Indiana  avenue  within 
five  (5)  days  after  notice  by  the  department  of  public  works,  and 
in  case  of  failure  or  refusal  to  comply  with  such  notice,  or  in  case  said 
parties  do  not  use  said  track,  or  shall  violate  any  of  the  terms  or 
conditions  of  this  ordinance,  then  the  city  may  remove  or  cause  to  be 
removed  said,  track,  and  place  the  street  where  occupied  by  said  track 
in  such  condition  as  it  may  see  fit,  so  as  to  correspond  to  the  other 
parts  of  the  street  adjoining  the  same,  and  the  expense  of  such  re- 
moval, or  of  any  removal  of  said  track,  shall  be  paid  by  the  said 
parties  named  in  section  one,  their  heirs,  executors,  administrators 
or  assigns,  jointly  and  severally. 

If  6.  Acceptance.]  § 6.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  said  parties  named  in  section  one,  and  the 
filing  of  and  approval  of  the  bond  provided  for  in  section  four  hereof, 
all  of  which  shall  be  done  within  thirty  (30)  days  from  the  passage 
hereof,  and  in  such  acceptance  said  parties  named  in  section  one  shall 
expressly  agree  to  pay  to  the  city  of  Chicago  all  moneys  that  it  may 


1732 


SWITCH  TRACKS PRIVATE. 


be  compelled  to  pay  for  or  on  account  of  or  by  reason  of  granting 
this  permission. 


HENRY  FRERK. 

§ 755.  Henry  Frerk. 

IT  n Grant  ten  years — bond — street  repair. 

IT  2-  Subject  to  all  ordinances. 

IT  3.  Im'effect. 

An  ordinance  granting  permission  to  Henry  Frerk  to  lay  a switch  or  side  track 
running  parallel  with  the  right  of  way  of  the  Chicago  & Northwestern  Rail- 
road company  at  the  intersection  of  Wallace  street  and  Lee  avenue,  in  the 
city  of  Chicago.  (Passed  December  4,  1890.) 

1 1.  Grant  ten  years— bond— street  repair.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  Permission  and  au- 
thority is  hereby  granted  to  Henry  Frerk,  for  a period  of  ten  (10) 
years  from  the  passage  hereof,  to  lay  down  and  operate  a railroad 
track  from  a point  at  the  intersection  of  the  west  line  of  Wallace 
street  and  the  northeast  line  of  the  right  of  way  of  the  Chicago  and 
Northwestern  Railroad,  and  thence  southwest  and  parallel  with  the 
said  right  of  way  at  a distance  of  not  more  than  six  feet  northeast 
of  the  north  line  of  said  right  of  way,  to  the  property  of  the  said 
Henry  Frerk,  as  shown  by  the  plat  hereto  annexed  and  made  a part 
of  this  ordinance  ; Provided,  that  before  laying  such  track  said  Henry 
Frerk  shall  enter  into  a bond  to  the  city  of  Chicago,  with  two  or  more 
sureties  to  be  approved  of  by  the  mayor,  in  the  penal  sum  of  $5, 000,  and 
conditioned  to  save  the  city  harmless  from  any  and  all  damages,  costs 
and  expenses  which  may  arise  from  or  grow  out  of  the  privilege  here- 
by granted,  or  the  laying  or  operating  of  said  track;  and  provided, 
further,  that  the  said  Henry  Frerk,  or  his  assigns,  shall  plank  the  said 
street  between  the  tracks,  hereby  authorized  to  be  laid,  and  keep  the 
same  in  good  repair,  under  the  direction  of  the  proper  city  authori- 
ties 

1 2.  Subject  to  all  ordinances.]  § 2.  The  privelege  hereby 
granted  shall  be  subject  to  all  ordinances  concerning  railroads  now 
in  force  or  which  may  be  hereafter  passed. 

T 3.  In  effect.]  § 3.  This  ordinance  shall  be  in  force  and  take 
effect  from  and  after  its  passage. 


§ 756] 


H.  D.  FULTON. 


1738 


H.  D.  FULTON. 

§ 756.  H.  D.  Fulton. 

If  1.  Route. 

2.  Bond — grade — alley  repair. 

Tf  3.  Elevate  track  if  required. 

■ff  4.  Acceptance. 

An  ordinance  granting  permission  to  H.  D.  Fulton  to  lay  down  a railroad  track. 
(Passed  November  18,  1895.  Accepted  November  23, *1895.)  * 

T 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago : § 1 . That  a right  of  way  be  and  the  same  is  hereby  granted 
for  the  period  of  ten  (10)  years  from  the  passage  of  this  ordinance  to 
H.  D.  Fulton,  of  Chicago,  to  lay  a railroad  track  as  follows:  Com- 

mencing at  the  south  line  of  the  Englewood  connecting  line  of  the 
Pan  Handle  Railroad  at  a point  directly  west  of  the  west  line  of 
Ashland  avenue  and  connecting  with  the  track  of  said  Pan  Handle 
Railroad,  and  running  thence  in  a southwesterly  direction  to  land 
owned  and  occupied  by  the  said  H.  D.  Fulton,  being  lots  one  to  six 
(1  to  6)  inclusive  in  block  one  (1)  of  Chittick’s  subdivision;  thence  di- 
rectly west  across  alley  running  north  and  south  between  Fifty-ninth 
street  and  the  aforesaid  Pan  Handle  Railroad,  being  first  alley  west 
of  Ashland  avenue,  so  as  to  allow  cars  to  pass  with  safety  across  afore- 
said alley  to  block  of  land  owned  and  occupied  by  said  H.  D.  Fulton, 
said  land  being  bounded  on  the  east  by  the  west  line  of  said  alley,  run- 
ning south  from  the  south  line  of  Pan  Handle  Railroad  right-of-way 
one  hundred  and  fifty  (150)  feet,  thence  west  to  the  east  line  of  Pau- 
lina street,  thence  north  to  the  right-of-way  of  the  Pan  Handle  Rail- 
road and  thence  east  to  place  of  commencing,  situated  in  Chittick’s 
subdivision  of  the  east  one-half  of  the  south  three  hundred  and  twen- 
ty-three feet  of  the  east  half  of  the  northeast  quarter  of  section  eigh- 
teen (18)  town  thirty-eight  (38)  north,  range  fourteen.  (14),  east  of  third 
principal  meridian,  in  Cook  county,  Illinois. 

IT  2.  Bond— grade— alley  repair.]  § 2.  That  said  railroad 
track  when  made  as  provided  in  section  one  shall  be  laid  and  kept  up- 
on the  same  grade  as  said  alley,  provided  that  before  laying  such 
tracks  said  H.  D.  Fulton  shall  enter  into  a bond  to  the  city  of  Chicago 
with  two  or  more  sureties  to  be  approved  by  the  mayor  in  the  penal 
sum  of  five  thousand  dollars,  conditioned  to  save  the  city  harmless 
from  any  and  all  damages  which  may  arise  from  or  grow  out  of  the 
privileges  hereby  granted  or  the  laying  or  operating  of  said  track; 
Provided  further,  that  said  H.  D.  Fulton  or  his  assigns  shall  plank 
the  said  alley  between  the  tracks  hereby  authorized  to  be  laid  and  to 
keep  the  same  in  good  repair  under  the  direction  of  the  proper  city 
authorities. 

If  3.  Elevate  track  if  required.]  § 3.  Also  that  the  said  H. 
D.  Fulton  or  assigns  agree  to  elevate  said  switch  track  whenever  the 
Pan  Handle  Railroad,  to  which  it  is  connected,  elevate  its  tracks  as 
the  city  may  direct. 


1734 


SWITCH  TRACKS PRIVATE. 


[8  757 


IT  4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  the  said  party  in  section  one  (1)  hereof. 


GAHAN  & BYRNE 

§ 757*  Gahan  & Byrne. 

If  1.  Route. 

IT  2.  Duty  as  to  laying  tracks. 

IF  3-  Bond. 

IF  4.  Subject  to  all  ordinances. 

IF  5-  Failure  to  comply  with  conditions. 

TT  6.  Grant  twenty  years — expiration  of  grant — duty  of  lessee. 

An  ordinance  granting  permission  to  Gahan  & Byrne  to  lay  down  and  maintain  a 
railroad  switch  track  on  Wallace  street.  (Passed  July  20,  1891.) 

1"  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  are 
hereby  granted  to  Thomas  Gahan  and  Thomas  Byrne,  doing  business 
as  Gahan  & Byrne,  and  their  assigns,  to  lay  down,  construct  and  ope- 
rate a railroad  switch  track  to  connect  with  the  tracks  of  the  Chicago 
& Western  Indiana  Railway  Company  on  Wallace  street,  commencing 
at  a point  at  about  one  hundred  (100)  feet  south  of  the  south  line  of 
Fifty-fourth  court,  thence  running  in  a northwesterly  direction  to  lot 
one  (1),  at  the  northwest  corner  of  Fifty-fourth  court  and  Wallace 
street.  (The  said  proposed  track  is  indicated  by  red  dotted  lines  shown 
on  plat  hereto  annexed.) 

T 2.  Duty  as  to  laying  tracks.]  § 2.  That  said  Gahan  & Byrne, 
their  heirs  and  assigns,  are  hereby  required  and  this  grant  is  made  on 
the  express  condition  that  they  shall  so  lay  down  and  maintain  said 
track  that  it  shall  interfere  as  little  as  practicable  in  the  use  of  said 
streets  and  shall,  at  all  times,  keep  said  track  in  such  condition  as  to 
allow  the  free  use  and  easy  passage  of  vehicles  along  and  over  it;  all 
of  which  shall  be  done  under  the  superintendence  of  the  commissioner 
of  public  works. 

T 3.  Bond.]  § 3.  This  permission  and  gtant  is  made  upon  the 
further  condition  that  said  Gahan  & Byrne,  their  heirs  and  as- 
signs, shall  keep  and  save  (the  city)^  harmless  from  all  damages,  costs 
and  expenses  whatsoever  arising  out  of  the  use  and  acceptance  of  said 
street  by  said  Gahan  & Byrne,  and  said  Gahan  & Byrne  shall  give  a 
bond  to  be  approved  by  the  mayor,  in  the  penal  sum  of  ten  thousand 
dollars  ($10,000),  for  the  fulfillment  of  the  conditions  of  this  grant  or 
permission. 

T 4.  Subject  to  all  ordinances.]  § 4-  This  permission  is  grant- 


§ 75»] 


GAIL,  BURMILLER  & UNZIEKER. 


1735 


ed  subject  to  all  general  ordinances  concerning  railroads  now  in  force 
or  that  may  hereafter  be  passed. 

T 5.  Failure  to  comply  with  conditions.]  § 5.  This  ordinance 
shall  be  subject  to  amendment  or  repeal,  at  any  time,  for  failure  to 
comply  with  any  of  the  conditions  hereof  or  with  any  order  of  the  com- 
missioner of  public  works  concerning  the  proper  maintenance  of  said 
tracks. 

If  6.  Grant  20  years — expiration  of  grant— duty  of  lessees.] 
§ 6.  This  grant  or  permission  is  hereby  expressly  limited  to  a period 
of  twenty  years  from  the  passage  hereof  and  at  the  expiration  of  said 
twenty  years  or  sooner,  if  this  ordinance  shall  be  repealed  the  said 
Gahan  & Byrne,  their  heirs  and  assigns,  shall  take  out  and  remove 
said  tracks  within  twenty  days  after  notice  by  the  commissioner  of 
public  works,  and  in  case  of  failure  or  refusal  to  comply  with  said  no- 
tice then  the  city  may  remove  the  same  at  the  expense  of  said  Gahan 
& Byrne,  their  heirs  and  assigns. 


GAIL,  BURMILLER  & UNZIEKER. 

§ 75s.  Gail,  Burmiller  & Unzieker. 

Tf  1.  Hawthorne  avenue  and  Willow  street. 

Tf  2.  Repair  of  track  and  sidewalk  on  Hawthorne  avenue. 

3.  Cars  not  to  stand  on  track. 

If  4.  Bond. 

•jf  5.  Grant  ten  years— removal  of  track. 

6.  Acceptance. 

An  ordinance  granting  permission  to  Gail,  Burmiller  & Unzieker  to  lay  down 
and  operate  a switch  track.  (Passed  May  20,  1889.  Accepted  June  3,  1889.) 

Tf  1.  Hawthorne  avenue  and  Willow  street.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  is  hereby  granted  to  Carl  Gail,  Emil  Burmiller  and  Her- 
mann Unzieker,  doing  business  under  the  firm  name  and  style  of  Gail, 
Burmiller  and  Unzieker,  the  proprietors  of  the  Chicago  Iron  Works, 
to  lay  down  and  operate  a switch  track,  from  and  connecting  with  the 
tracks  of  the  Chicago  and.  Evanston  Railroad,  owned  and  operated  by 
the  C.,  M.  & St.  P.  R.  .R.  Co.,  on  Hawthorne  avenue,  at  a point  near 
the  intersection  of  said  tracks  with  Willow  street,  running  thence 
southeasterly  to  a point  150  feet  southeasterly  of  the  southeast  corner 
of  Willow  street. 

1 2.  Repair  of  track  and  sidewalk  on  Hawthorne  avenue.] 

§ 2.  The  said  Gail,  Burmiller  and  Unzieker  are  hereby  required,  and 
this  grant  is  made  on  the  express  condition  that  they  shall  so  lay  down 


1736 


SWITCH  TRACKS — PRIVATE. 


[§  759 


and  maintain  said  track  that  it  shall  interfere  as  little  as  practicable  in 
the  use  of  said  Hawthorne  avenue,  and  shall  at  all  times  keep  said 
track  in  such  condition  as  to  allow  the  free  use  and  easy  passage  of 
vehicles  along  and  over  the  same,  and  that  they  will  also  keep  the  side- 
walk across  said  track  in  good  condition  and  repair  so  as  not  to  en- 
danger the  passage  of  pedestrians  over  the  same,  all  of  which  shall  be 
done  under  the  direction  of  the  department  of  public  works,  and  when- 
ever the  department  of  public  works  shall  order  said  track  to  be  re- 
paired or  placed  in  a safe  condition  for  travel  over  the  same,  then  said 
Gail,  Burmiller  and  Unzieker  shall  comply  with  such  order  within  ten 
(io)  days  thereafter;  and  in  case  of  a refusal  to  comply  with  such  or- 
der then  the  department  of  public  works  may,  without  further  notice, 
take  up  and  remove  such  track,  and  all  rights  hereunder  shall  then 
cease  and  determine. 

f 3.  Cars  not  to  stand  on  track.]  § 3.  Said  Gail,  Burmiller 
and  Unzieker  shall  not  at  any  time  permit  any  car  or  cars  to  stand  up- 
on said  track. 

1"  4.  Bond.]  § 4.  This  permission  and  authority  is  made  up- 
on the  further  condition  that  said  Gail,  Burmiller  and  Unzieker  shall 
keep  and  save  the  city  of  Chicago  harmless  from  all  damages,  costs 
and  expenses  whatsoever  arising  out  of  this  grant,  and  said  Carl  Gail, 
Emil  Burmiller  and  Hermann  Unzieker,  shall  give  a bond,  with  one 
or  more  sureties,  to  be  approved  by  the  mayor,  in  the  penal  sum  of  five 
thousand  dollars  for  the  fulfillment  of  the  conditions  of  this  grant  or 
permission. 

1 5.  Grant  10  years— removal  of  track.]  § 5.  This  ordinance 
shall  be  subject  to  amendment  or  repeal  at  any  time,  and  is  expressly 
limited  to  a period  of  ten  years  from  the  passage  hereof,  and  at  the 
expiration  of  said  ten  (10)  years,  or  sooner,  if  this  ordinance  should  be 
repealed,  then  said  Gail,  Burmiller  and  Unzieker  shall  take  up  and  re- 
move said  track  from  Hawthorne  avenue  within  five  (5)  days  after 
notice  by  the  department  of  public  works,  and  in  case  of  failure  of  or 
refusal  to  comply  with  said  notice,  or  in  case  said  Gail,  Burmiller  and 
Unzeiker,  or  either  of  them,  do  not  use  said  track,  then  the  city  may 
remove  the  same  and  place  the  street  which  is  occupied  by  said  track 
in  such  condition  as  it  may  see  fit,  so  as  to  correspond  to  the  other 
parts  of  the  street,  and  the  expense  of  such  removal,  or  of  any  removal 
of  said  track  by  the  city,  shall  be  paid  by  said  Carl  Gail,  Emil  Bur- 
miller and  Hermann  Unzieker,  their  heirs,  executors  and  administra- 
tors, jointly  or  severally. 

Tf  6.  Acceptance.]  § 6.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  said  Gail,  Burmiller  and  Unzieker,  and  the 
filing  of  and  approval  of  the  bond,  provided  for  in  section  four  hereof, 
which  shall  be  done  within  thirty  (30)  days  from  the  passage  hereof, 
and  in  such  acceptance  said  Gail,  Burmiller  and  Unzeiker  shall  ex- 
pressly agree  to  all  the  conditions  of  this  ordinance  and  expressly 
agree  to  pay  to  the  city  of  Chicago  all  moneys  it  may  be  compelled  to 
pay  for,  or  by  reason  of  granting  this  permission. 


§ 759] 


JAMES  B.  GALLOWAY. 


1737 


JAMES  B.  GALLOWAY. 

§ 759-  Janies  B.  Galloway. 

TT  i.  Route. 

2.  Construction,  etc.,  of  track. 

IF  3 Culverts,  etc. — street  and  alley  repair. 

if  4.  Hours  for  operating — standing  cars. 

if  5.  Grant  ten  years. 

if  6.  Subject  to  modification  or  repeal. 

if  7.  Subject  to  all  ordinances. 

if  8.  Expiration  of  grant — removal  of  track. 

if  9.  Acceptance. 

An  ordinance  granting  permission  to  James  B.  Galloway  to  lay  down  and  main- 
tain a switch  track.  (Passed  April  7,  1888.  Accepted  April  24.  1888.) 

If  1.  Route — bond.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  is  hereby  given  to  James  B. 
Galloway,  his  successors  and  assigns,  to  lay  down,  construct,  maintain 
and  operate  a single  railroad  track  with  necessary  turn-outs  and 
switches  to  accommodate  abutting  property  on  the  east  side  of  Fleet- 
wood  street,  upon  the  terms  and  conditions  hereinafter  specified.  Said 
single  railroad  track  shall  commence  at  a point  on  the  easterly  line  of 
the  right-of-way  of  the  Chicago  and  North-Western  railway,  about 
one  hundred  feet  north  of  Blackhawk  street,  running  thence  on  a 
curve  of  about  three  hundred  feet  radius  across  the  alley  to  the  east 
of  said  right-of-way  and  across  Blackhawk  street  in  such  a way  that 
the  north  rail  of  said  track  may  be  as  nearly  as  practicable  coincident 
with  the  south  curb  line  of  said  Blackhawk  street,  and  running  thence 
along  said  curb  line  to  a point  from  which  said  track  can  be  run  on 
a curve  of  about  three  hundred  feet  radius,  across  Elston  road  as  near 
at  right  angles  as  may  be  to  a point  on  the  easterly  side  of  Fleetwood 
street  in  such  a way  that  the  west  rail  shall  be  on  the  easterly  curb  line, 
leaving  all  the  sidewalk  space  east  of  the  track, running  thence  to  the 
south  line  of  Rawson  street;  Provided,  however,  that  the  said  James 
B.  Galloway,  his  successors  or  assigns,  shall,  before  laying  said  track, 
enter  into  a bond  with  the  city  of  Chicago  in  the  sum  of  twenty-five 
thousand  dollars,  to  be  approved  by  the  mayor,  to  hold  the  city  harm- 
less from  any  and  all  damages,  costs  and  expenses  of  every  kind  what- 
ever which  it  may  suffer  or  which  may  be  recovered  or  obtained 
against  said  city,  for  or  by  reason  of  the  granting  of  such  privilege 
and  authority,  or  for  or  by  reason  of,  or  growing  out  of,  or  resulting 
from  the  nassage  of  this  ordinance,  or  from  any  acts  or  act  of  the 
said  James  B.  Galloway,  his  successors  and  assigns,  by  virtue  of  the 
privileges  of  this  ordinance. 

1 2.  Construction,  etc.,  of  track.]  § 2.  The  said  James  B.  Gal- 
loway, his  successors  and  assigns,  is  hereby  required,  and  this  ordi- 
nance is  given  on  the  express  condition  that  the  said  track,  switches 
and  turnouts,  shall  be  so  laid  and  constructed  that  it  shall  interfere 
as  little  as  practicable  with  the  use  of  said  streets,  and  that  said  track 
shall  at  all  times  be  kept  in  such  a condition  as  to  allow  the  free  use 

110 


1738 


SWITCH  TRACKS PRIVATE. 


[8  759 


and  easy  passage  of  vehicles  along  and  over  said  streets.  The  said 
track  to  be  laid  under  the  supervision  of  the  commissioner  of  public 
works. 

If  3.  Culverts,  etc— street  and  alley  repair.]  § 3.  The  said 

James  B.  Galloway,  his  successors  and  assigns,  shall  construct,  lay 
down  and  keep  in  good  repair  all  culverts  and  sidewalks  where  said 
track  crosses  any  alley  or  street  on  the  line  aforesaid,  and  shall  also 
keep  all  sidewalks  in  good  repair  where  the  same  are  crossed  by  any 
switch  or  turnout  into  adjoining  property.  And  shall  also  conform 
to  such  rules  and  regulations  as  the  commissioner  of  public  works 
may  make  for  the  grading,  paving  and  keeping  in  repair  the  portion  of 
streets  and  sidewalks  occupied  by  said  track,  turn-outs  and  switches, 
and  shall  maintain  and  keep  the  portion  of  said  streets  and  side- 
walks occupied  b$r  said  tracks  in  good  repair  at  the  expense  of  the 
said  James  B.  Galloway,  his  successors  and  assigns.  If  the  said 
James  B.  Galloway,  his  successors  or  assigns,  shall  fail  to  build,  com- 
plete or  repair  any  sidewalk,  or  shall  fail  to  pave  any  portion  of  the 
said  track  as  herein  required,  then  after  five  days’  notice  being  given 
to  said  James  B.  Galloway,  his  successors  or  assigns,  the  city  of  Chi- 
cago may  build,  complete  and  repair  any  such  sidewalk  or  street  and 
collect  the  same  from  the  said  James  B.  Galloway,  his  successors  and 
assigns.  ' 

If  4.  Hours  for  operating — standing  cars.]  § 4.  Said  track 
and  switches  shall  not  be  operated,  by  engines  and  cars  save  between 
the  hours  of  eight  o’clock  p.  m.  and  five  o’clock  a.  m.  of  each  day. 
And  no  car  or  cars  shall  be  permitted  to  stand  on  said  streets  for  a 
longer  space  than  ten  minutes,  nor  shall  any  car  or  cars  be  loaded  or 
unloaded  upon  said  Blackhawk  street  or  Fleetwood  street. 

1"  5.  Grant  ten  years.]  § 5.  The  rights  and  privileges  hereby 
granted  shall  wholly  cease  and  determine  at  the  expiration  of  ten  (10) 
years  from  the  passage  hereof. 

f 6.  Subject  to  modification  or  repeal.]  g 6.  This  ordinance 
shall  at  any  time  before  the  expiration  thereof  be  subject  to  modifica- 
tion, amendment  or  repeal,  and,  in  case  of  repeal,  all  privileges  hereby 
granted  shall  cease  and  determine. 

^f  7.  Subject  to  all  ordinances.]  § 7.  This  permission  is  given 
subject  to  all  general  ordinances  concerning  railroads  now  in  force 
or  that  may  hereafter  be  passed. 

If  8,  Expiration  of  grant— removal  of  track.]  § 8.  In  case 

of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of 
repeal,  the  said  James  B.  Galloway,  his  successors  and  assigns,  shall, 
at  his  or  their  own  expense,  cause  said  track  to  be  removed  and  the 
part  of  the  streets  so  occupied  by  said  track  to  be  placed  in  such 
repair  and  condition  as  the  department  of  public  works  may  require; 
and  if  the  said  James  B.  Galloway,  his  successors  and  assigns,  shall 
fail  to  so  remove  said  track  and  so  restore  said  streets  as  herein  pro- 
vided, then  the  city  of  Chicago  may  within  ten  (10)  days  after  notice 


760] 


JAMES  B.  GALLOWAY. 


1739 


to  the  said  James  B.  Galloway,  his  successors  and  assigns,  or  his 
bondsmen,  remove  said  track  and  restore  the  part  of  the  street  so 
occupied  by  said  track  to  such  condition  as  it  may  elect  at  the  expense 
and  cost  of  said  Tames  B.  Galloway,  his  successors  and  assigns,  which 
cost  and  expense  the  said  James  B.  Galloway,  his  succesesors  and 
assigns,  in  accepting  this  ordinance,  agrees  to  pay  on  demand. 

9.  Acceptance.]  § 9.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  James  B.  Galloway,  his 
successors  and  assigns. 

Note. — See  following  amendatory  ordinance. 

§ 760.  James  B.  Galloway. 

1.  Amendatory. 

2.  Operation  of  cars — hours. 

^ 3.  . Term  twenty  years. 

nt  4.  Subject  to  alteration,  etc. 

An  ordinance  amending  an  ordinance  of  April  7,  1888,  authorizing  James  B. 

Galloway  to  lay  down  and  maintain  a switch  track.  (Passed  November  16, 

1S91) 

TT  !•  Amendatory.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  That  the  ordinance  granted  to  James  B.  Galloway 
on  April  7th,  1888,  be  and  the  same  is  hereby  amended  as  follows: 

1'  2.  Operation  of  cars — hours.]  § 4.  Said  track  and  switches 
shall  not  be  operated  by  engines  save  between  the  hours  of  eight 
o’clock  a.  m.  and  five  o’clock  p.  m.  of  each  day,  and  no  car  or  cars 
shall  be  permitted  to  stand  on  Blackhawk  street  for  a longer  period 
than  ten  minutes,  nor  shall  any  car  or  cars  be  loaded  or  unloaded 
upon  said  Blackhawk  street,  and  no  car  shall  be  allowed  to  stand  upon 
said  track  upon  Fleetwood  street  so  as  to  interfere  with  the  passage 
of  teams  on  said  street  or  of  persons  upon  the  sidewalk  on  said  street. 

IT  3.  Term  20  years.]  § 5.  The  rights  and  privileges  hereby 
granted  shall  wholly  cease  and  determine  at  the  expiration  of  twenty 
years  from  the  passage  hereof. 

T 4.  Subject  to  alteration,  etc.]  § 6.  This  ordinance  shall, 
at  any  time  before  the  expiration  thereof,  be  subject  to  alteration, 
amendment  and  repeal  upon  the  request  of  the  owners  of  a majority 
of  the  frontage  on  said  Fleetwood  street,  and  in  case  of  repeal  all 
privileges  hereby  granted  shall  cease  and  determine. 


1740 


SWITCH  TRACKS PRIVATE. 


[§  76l 


JAMES  GALVIN. 

§ 761.  James  Galvin. 

IF  1.  Grant  ten  years — route — bond. 

*IF  2.  Conditions. 

IF  3.  Expiration  of  grant — duty  of  lessee. 

TF  4.  Acceptance. 

An  ordinance  authorizing  James  Galvin  to  construct  and  operate  a single  side 
track  on  Stewart  avenue.  (Passed  December  4,  1890.) 

1 1.  Grant  10  years — route — bond,]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 
thority are  hereby  granted  to  James  Galvin  to  construct,  maintain  and 
operate,  for  a period  of  ten  (10)  years  from  the  passage  hereof  (unless 
the  permission  and  authority  shall  be  sooner  revoked  by  the  city 
council),  a private  single  side  track  commencing  at  a point  in  the 
east  main  track  of  the  Pittsburgh,  Fort  Wayne  and  Chicago  Railway 
ten  (10)  feet  north  of  the  north  line  of  Root  street,  thence  on  a curve 
in  a southeasterly  direction,  within  a radius  of  one  hundred1  and  fifty 
(150)  feet,  crossing  Stewart  avenue  at  a point  forty-six  (46)  feet  south 
of  the  south  line  of  said  Root  street  to  a point  on  the  south  line  of 
lot  twenty-one  (21)  of  block  three  (3),  of  superior  court  partition  of 
the  south  three-fourths  of  the  northeast  quarter  of  section  four  (4), 
in  township  thirty-eight  (38)  north,  range  fourteen  (14),  east  of  the 
third  principal  meridian;  Provided,  however,  said  Galvin  shall  first 
execute  and  deliver  to  the  city  of  Chicago  a bond,  with  good  and  suf- 
ficient sureties,  to  be  approved  by  the  commissioner  of  public  works, 
in  the  penal  sum  of  ten  thousand  (10,000)  dollars,  conditioned  for  the 
faithful  performance  by  the  said  Galvin,  of  all  the  provisions  of  this 
ordinance  and  for  indemnifying  and  saving  harmless  the  city  of  Chi- 
cago from  all  expenses,  costs  and  damages  it  may  sustain  by  reason 
of  the  construction,  maintenance  or  operation  of  said  track  and  of  the 
exercise  by  said1  Galvin  of  the  privileges  herein  granted;  and  pro- 
vided, further,  the  privileges  hereby  conferred  shall  be  exercised  and 
enjoyed  subject  to  all  railroad  or  other  ordinances  now  in  force  or 
which  may  be  hereafter  passed  by  the  city  council. 

If  2.  Conditions.]  § 2.  Said  tracks1  shall  be  laid  down  and 
maintained  under  the  direction  of  the  commissioner  of  public  works 
and  in  such  manner  as  to  interfere  as  little  as  possible  with  the  use  of 
said  Root  street,  and  the  space  between  said  tracks  shall  be  planked  so 
as  to  allow  the  free  passage  of  teams  and  vehicles  along  and  over  the 
same  at  all  times  and  no  locomotive  or  car  shall  be  allowed  to  stand 
on  said  Root  street,  nor  shall  any  car  be  loaded  or  unloaded  upon 
said  street;  and  if  said  Galvin  shall  violate  any  of  the  provisions  of 
this  ordinance,  the  commissioner  of  public  works  may,  without  notice 
to  said  Galvin,  cause  said  track  to  be  removed  from  said  Root  street 
and  said  street  to  be  restored  to  its  present  condition,  all  at  the  ex- 
pense of  said  Galvin. 

T 3.  Expiration  of  grant— duty  of  lessee.]  § 3.  At  the  ex- 


§ 762] 


GARDEN  CITY  SAND  COMPANY. 


1741 


piration  of  said  ten  years,  or  as  much  sooner  as  the  city  council  shall 
order,  the  said  Galvin  shall  cause  said  tracks  to  be  removed  and,  in 
default  thereof,  they  shall  be  removed  by  the  city  of  Chicago  at  the 
expense  of  said  Galvin. 

IT  4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  and 
take  effect  when  it  shall  have  been  accepted  by  said  Galvin  and  said 
bonds  filed  and  approved;  provided,  said  acceptance  and  bond  be 
filled  within  thirty  days  from  the  passage  hereof. 


GARDEN  CITY  SAND  COMPANY. 

§ 762.  Garden  City  Sand  company. 

If  1.  Rockwell  street — grant  ten  years — bond — modification  or  re- 
peal. 

Tf  2.  When  in  force. 

An  ordinance  granting  permission  to  Garden  City  Sand  company  to  lay  down 
and  operate  a railroad  track.  (Passed  May  16,  1885.) 

If  1.  Rockwell  street— grant  10  years— bond— modification  or 
repeal.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  is  hereby  given  and  granted  to  the  Garden 
City  Sand  Company  to  lay  down  and  operate  a railroad  track,  from 
the  tracks  now  land  on  said  Rockwell  street,  operated  by  the  Pitts- 
burg, Cincinnati  and  St.  Louis  Railroad  Company,  to  connect  with 
their  works  on  lots  22  to  29,  inclusive,  block  4,  in  Carter  H.  Harri- 
son's addition  to  Chicago,  for  the  period  of  ten  years;  Provided,  that 
said  Garden  City  Sand  Company  shall,  before  laying  said  track,  enter 
into  a bond  with  the  said  city  of  Chicago,  in  the  sum  of  ten  thousand 
dollars,  to  be  approved  by  the  mayor,  to  hold  and  save  the  city 
harmless  from  all  damages,  costs  and  expenses  whatever,  in  conse- 
quence of  the  passage  of  this  ordinance,  and  the  granting  of  the 
privilege  hereinbefore  mentioned;  and  provided,  that  said  track  shall 
be  laid  down  and  maintained  under  the  direction  and  supervision  of 
the  department  of  public  works;  and  provided,  that  the  privilege 
hereby  granted  shall  be  subject  to  all  ordinances  now  in  force  con- 
cerning railroads,  or  which  may  be  hereafter  passed;  and  provided, 
that  this  ordinance  shall,  at  all  times,  be  subject  to  modification, 
amendment  or  repeal,  and  in  case  of  repeal,  all  privileges  hereby 
granted  shall  cease  and  determine 

If  2,  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


1742 


SWITCH  TRACKS PRIVATE. 


[§  § 763,  764 


§ 763.  Garden  City  Sand  company. 

1.  Lexington  street  and  across  alley — grant  ten  years — bond — 
modification  or  repeal. 

Tf  2.  When  in  force. 

An  ordinance  granting  permission  to  the  Garden  City  Sand  company  to  lay  down 
and  operate  a double  railroad  track.  (Passed  December  20,  1886.) 

1 1.  Lexington  street  and  across  alley — grant  10  years— 
bond— modification  or  repeal.]  Be  it  ordained  by  the  city  council 

of  the  city  of  Chicago:  § 1.  That  permission  is  hereby  granted  to 
the  Garden  City  Sand  Company  to  lay  down  and  operate  a double 
railroad  track  from  their  present  tracks  on  lot  26,  block  4,  Carter  H. 
Harrison’s  addition  to  Chicago,  in  and  across  Lexington  street,  and 
in  and  across  the  alley  in  block  5,  in  said  Carter  H.  Harrison’s  addi- 
tion to  Chicago,  to  lot  26,  in  said  block  5,  Carter  H.  Harrison’s  audi- 
tion to  Chicago,  for  the  period  of  ten  years:  Provided,  that  said  Gar- 
den City  Sand  Company  shall,  before  laying  said  track,  enter  into  a 
bond  with  the  city  of  Chicago  in  the  sum  of  ten  thousand  dollars 
($10,000),  to  be  approved  by  the  mayor,  to  hold  and  save  the  city 
harmless  from  all  damages,  costs  and  expenses  whatever,  in  conse- 
quence of  the  passage  of  this  ordinance,  granting  the  privilege  herein- 
before mentioned:  and  provided,  that  said  tracks  shall  be  laid  down 
and  maintained  under  the  direction  and  supervision  of  the  depart- 
ment of  public  works  and  provided,  that  the  privileges  hereby  granted 
shall  be  subject  to  all  ordinances  now  in  force  concerning  railroads, 
or  which  may  hereafter  be  passed  and  provided,  that  this  ordinance 
shall  at  all  times  be  subject  to  modification,  amendment  or  repeal, 
and,  in  case  of  repeal,  all  privileges  hereby  granted  shall  cease  and 
determine. 

IT  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


P.  W.  GATES  AND  OTHERS. 

§ 764.  P.  W.  Gates  and  others. 

1.  West  Water  street — grant  ten  years — repair  of  street. 

•ft  2.  Bond. 

Tf  3.  When  in  force. 

An  ordinance  granting  permission  to  P.  W.  Gates  and  others  to  construct  and 
maintain  a railroad  track  from  Madison  street  to  Washington  street'midway 
between  the  present  railroad  tracks  and  the  sidewalk  on  the'west  side  of 
West  Water  street.  (Passed  July  10,  1876.)”^ 

1 1.  West  Water  street— grant  10  years— repair  of  street.] 

Pc  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 


§ 765] 


P.  W.  GATES  AND  P. , FT.  W.  & C.  R.  R.  CO. 


1743 


permission  is  hereby  given  and  granted  to  P.  W.  Gates  and  others, 
their  successors  and  assigns,  to  lay  down,  construct  and  maintain  a 
single  railroad  track,  for  a period  of  ten  years,  from  the  track  of  the 
Pittsburg,  Ft.  Wayne  Railroad  Company,  commencing  at  West  Madi- 
son street  and  running  about  midway  between  the  present  railroad 
tracks  and  the  sidewalk  on  the  west  side  of  West  Water  street  to  West 
Washington  street;  Provided,  the  said  track  shall  be  laid  down  and 
maintained  under  the  direction  and  supervision  of  the  board  of  public 
works;  and  further  provided,  that  said  P.  W.  Gates  and  others,  their 
successors  and  assigns,  shall  keep  such  portion  of  said  West  Water 
street  as  shall  be  occupied  by  said  track  in  good  condition  and  repair, 
and  as  they  may  be  directed  by  the  board  of  public  works. 

f 2.  Bond.]  § 2.  This  ordinance  is  passed  and  the  permission 
aforesaid  is  granted  upon  the  express  condition  that  the  said  P.  W. 
Gates  shall  enter  into  bond  with  the  city  of  Chicago,  to  be  approved 
by  the  mayor  within  twenty  days  from  its  passage,  in  the  sum  of 
$5,000,  conditioned  to  comply  with  the  conditions  of  this  ordinance 
and  the  general  railroad  ordinance  now  in  force,  or  that  may  hereafter 
be  passed,  and  also  to  save,  keep  harmless  and  indemnify  the  said 
city  of  Chicago  from  all  damages,  costs  and  expenses  that  may  accrue, 
or  that  may  in  anywise  arise  or  grow  out  of  the  privileges  hereby 
granted,  and  upon  the  further  express  condition  that  the  city  of  Chi- 
cago may  at  any  time  repeal  this  ordinance. 

Tf  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  two  following  ordinances. 


P.  W.  GATES  (AND  P.  FT.  W.  & C.  R.  R.  CO.) 

§ 765.  P.  W.  Gates  and  P.  Ft.  W.  & C.  R.  R.  Co. 

*[  1.  West  Water  street — grant  ten  years — street  repair — subject  to 
ordinances — repeal . 

*[  2.  When  in  force. 

An*  ordinance  granting  permission  to  P.  W.  Gates  (and  P.  Ft.  W.  & C.  R.  R. 
Co. ) to  lay  down  and  maintain  a single  railroad  track.  (Passed  March  31, 
1895.) 

If  1.  West  Water  street — grant  10  years— street  repair — sub- 
ject to  ordinances — repeal.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  permission  is  hereby  given  and  grant- 
ed to  P.,  Ft.  W.  R.  R.  Co.  and  P.  W.  Gates,  his  successors  and  assigns, 
to  lay  down,  construct  and  maintain  a single  railroad  track,  for  a 
period  of  ten  years,  from  the  track  of  the  Pittsburg,  Fort  Wayne  and 
Chicago  Railroad  Company,  commencing  at  a point  thirty-three  feet 


1744 


SWITCH  TRACKS PRIVATE. 


[§  766 


north  of  the  south  line  of  West  Washington  street,  and  running  thence 
south  on  a line  parallel  with  the  said  track  of  the  Pittsburg,  Fort 
Wayne  & Chicago  Railroad  Company,  and  east  of  and  adjoining  the 
line  of  telegraph  poles,  on  the  west  side  of  West  Water  street,  one 
hundred  and  seventy  feet: 

Provided,  the  said  track  shall  be  laid  down  and  maintained  under 
the  direction  and  supervision  of  the  board  of  public  works; 

And  further  provided,  that  said  P.  & Ft.  W.  R.  R.  and  P.  W. 
Gates,  his  successors  and  assigns,  shall  keep  such  portion  of  said  West 
Water  street,  as  shall  be  occupied  by  said  track,  in  good  condition 
and  repair,  and  as  they  may  be  directed  by  the  board  of  public  works; 

Provided,  further,  that  the  privilege  hereby  granted  shall  be  sub- 
ject to  all  ordinances  now  in  force  concerning  railroads,  or  which 
may  hereafter  be  passed,  and  upon  the  further  express  condition  that 
the  city  of  Chicago  may  at  any  time  repeal  this  ordinance. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


P.  W.  GATES  AND  OTHERS 


§ 766.  P. 

nr  1. 

nr  2. 
nr  3. 
nr  4. 


W.  Gates  and  others. 

Preamble. 

West  Water  street — grant  ten  years — street  repair. 
Bond. 

When  in  force. 


An  ordinance  extending  sundry  grants  for  railroad  track  in  West  Water  street. 

(Passed  November  4,  1889.) 

1.  Preamble.]  Whereas,  on  the  10th  day  of  July,  A.  D.  1876, 
the  city  council  of  the  city  of  Chicago  passed  an  ordinance  granting 
permission  to  P.  W.  Gates  and  others  to  construct  and  maintain  a 
railroad  track  from  Madison  street  to  Washington  street  midway  be- 
tween the  present  railroad  tracks  and  the  sidewalk  on  the  west  side 
for  a period  of  ten  years  from  said  date;  and 

Whereas,  the  said  period  of  ten  years  having  expired  on  the  10th 
day  of  July,  1886,  P.  W.  Gates  and  others  are  desirous  of  maintaining 
the  tracks  described  in  said  ordinance  of  July  10,  1876,  for  another 
period  of  ten  years;  therefore, 

T 2.  West  Water  street— grant  10  years — street  repair.]  Be 

it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

permission  is  hereby  given  and  granted  to  P.  W.  Gates  and  others, 
their  successors  and  assigns,  to  use  and  maintain  said  railroad  track 
for  a period  of  ten  years  from  the  track  of  the  Pittsburg,  Ft.  Wayne 
Railroad  Company,  commencing  at  West  Madison  street  and  running 


§ 767]  geist  brothers  and  lyendecker  brothers  and  matt.  1745 

about  midway  between  the  present  railroad  tracks  and  the  sidewalk 
on  the  west  side  of  West  Water  street  to  West  Washington  street; 
Provided,  that  said  P.  W.  Gates  and  others,  their  successors  and  as- 
signs, shall  keep  such  portion  of  said  West  Water  street  as  shall  be 
occupied  by  said  track  in  good  condition  and  repair,  and  as  they  may 
be  directed  by  the  board  of  public  works. 

f 3.  Bond.]  § 2.  This  ordinance  is  passed  and  the  permission 
aforesaid  is  granted  upon  the  express  condition  that  the  said  P.  W. 
Gates  shall  enter  into  another  bond  with  the  city  of  Chicago,  to  be 
approved  by  the  mayor,  within  twenty  days  from  its  passage,  in  the 
sum  of  ten  thousand  ($10,000)  dollars,  conditioned  to  comply  with  the 
conditions  of  this  ordinance  and  the  general  railroad  ordinance  now  in 
force,  or  that  may  hereafter  be  passed,  and  also  to  save,  keep  harm- 
less and  indemnify  the  said  city  of  Chicago  from  all  damages,  costs 
and  expenses  that  may  accrue,  or  that  may  in  anywise  arise  or  grow 
out  of  the  privileges  hereby  granted,  and  upon  the  further  express 
condition  that  the  city  of  Chicago  may  at  any  time  repeal  this  ordi- 
nance. 

IT  4.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


GEIST  BROTHERS  AND  LYENDECKER  BROTHERS  & 

MATT. 

§ 767,  Geist  Brothers  and  Lyendecker  Brothers  & Matt. 

IT  I*  Grant — route — bond — repair  of  street,  etc. 

If  2.  Grant  ten  years, 
it  3.  Amendment  or  repeal. 

If  4.  Expiration  of  term — duty  of  grantees, 
it  5.  Acceptance. 

An  ordinance  granting  permission  to  Geist  Bros,  and  others  to  construct  and 
- operate  a switch  track.  (Passed  July  21,  1892.)  ™ 

f 1.  Grant— route— bond— repair  of  street,  etc.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permis- 
sion is  hereby  given  and  granted  to  Geist  Brothers  and  to  Henry  and 
John  Lyendecker  and  Joseph  Matt,  the  last  named  composing  the 
firm  of  Lyendecker  Brothers  and  Matt,  and  their  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate  a single  railway 
switch  track,  connecting  with  the  track  of  the  Pittsburgh,  Fort  Wayne 
and  Chicago  Railway  Company  on  Stewart  avenue,  from  the  north 
line  of  Thirty-third  street  and  across  intervening  street  and  alleys  to 
the  lots  in  the  east  half  of  sub-block  two  (2)  and  three  (3)  in  block 
four  (4)  in  the  Canal  Trustees’  subdivision  of  Sec.  33,  township  39 


174(5 


SWITCH  TRACKS PRIVATE. 


§ 767] 


north,  range  14  east  of  the  third  principal  meridian;  Provided,  how- 
ever, that  said  Geist  Brothers  and  Lyendecker  Brothers  and  Matt 
shall,  before  laying  said  track,  enter  into  a bond  with  the  city  of 
Chicago  in  the  sum  of  five  thousand  ($5,000)  dollars,  to  be  approved 
by  the  mayor,  to  hold  and  save  the  city  of  Chicago  harmless  from  all 
damages,  costs  and  expenses  whatsoever  in  consequence  of  the  pass- 
age of  this  ordinance  granting  the  privileges  hereinbefore  mentioned; 
Provided,  further,  that  the  privileges  hereby  granted  shall  be  subject 
in  all  respects  to  all  ordinances  now  in  force  or  which  may  hereafter 
be  passed  concerning  railroads,  and  that  said  Geist  Brothers  and 
Lyendecker  Brothers  and  Matt,  their  successors  and  assigns,  shall 
keep  so  much  of  said  33rd  street  and  the  alleys  as  shall  be  occupied 
by  said  tracks  in  good  condition  and  repair  as  may  be  directed  by 
the  department  of  public  works,  and  provided,  that  said  track  shall  be 
laid  down  and  maintained  under  the  direction  and  supervision  of  the 
department  of  public  works. 

If  2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 

granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

IT  3.  Amendment  or  repeal.]  § 3.  This  ordinance  shall,  at  any 
time  before  the  expiration  thereof,  be  subject  to  modification  and 
amendment  or  repeal,  and  in  case  of  repeal  all  privileges  hereby 
granted  shall  cease  and  determine. 

If  4.  Expiration  of  term— duty  of  grantees.]  § 4.  Upon  the 
expiration  of  this  ordinance,  by  lapse  of  time  or  otherwise,  the  said 
Geist  Brothers  and  Lyendecker  Brothers  and  Matt,  their  successors 
or  assigns,  shall  at  their  own  expense  cause  said  track  to  be  removed 
and  the  streets  and  alleys  so  occupied  by  said  tracks  to  be  placed  in 
such  repair  and  condition  as  the  department  of  public  works  may 
require  and,  upon  their  failure  so  to  do  in  every  of  the  foregoing  re- 
quirements, the  city  of  Chicago  may  upon  ten  (10)  days’  notice  to 
said  Geist  Brothers  or  to  Lyendecker  Brothers  and  Matt,  or  their 
sureties,  remove  said  track  and  restore  said  street  and  alleys  at  the 
cost'  and  expense  of  the  obligors  named  in  said  bond. 

If  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  the  acceptance  thereof  and  the  filing  of  the  bond  required 
in  section  one  (1). 


§ 7*»S] 


GLOVER  & CO. 


1717 


GLOVER  & CO. 

§ 768.  Glover  & Co. 

Tf  1.  Route. 

^[2.  Bond  and  conditions. 

3.  Grant  ten  years. 

4.  In  effect. 

An  ordinance  granting  permission  to  Glover  & Co.  to  lay  down  and  operate  a 

switch  track  upon  and  across  Sixty-sixth  street.  (Passed  November  5,  1891. 

Accepted  December  9,  1891.) 

1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 

hereby  granted  to  Glover  and  Company  to  lay  down,  construct,  main- 
tain and  operate  a single  railroad  side  track  upon  and  across  Sixty- 
sixth  street,  such  side  track  to  cross  said  street  at  right  angles  and  not 
more  than  fifteen  feet,  center  to  center,  west  of  the  main  track  of 
.the  Chicago  and  Western  Indiana  Railroad.  Said  track  to  be  laid 
down  and  maintained  under  the  direction  and  supervision  of  the  de- 
partment of  public  works. 

Tf  2.  Bond  and  conditions.]  § 2.  This  ordinance  is  passed  and 
the  permission  aforesaid  is  granted  upon  the  express  condition  that 
said  Glover  and  Company  shall  enter  into  bonds  with  said  city  of 
Chicago,  with  good  and  sufficient  sureties  to  be  approved  by  the 
mayor,  within  ten  days  from  its  passage,  in  the  sum  of  five  thousand 
dollars,  conditioned  to  comply  with  the  provisions  of  this  ordinance 
and  of  the  general  railroad  and  all  other  ordinances  now  in  force, 
or  that  may  hereafter  be  passed;  and,  also,  to  save,  keep  harmless  and 
indemnify  the  city  of  Chicago  from  all  damages,  costs  and  expenses 
that  may  accrue  or  in  any  way  arise  from  or  grow  out  of  the  privileges 
hereby  granted;  Provided,  that  said  Glover  and  Company,  its  succes- 
sors or  assigns,  shall  keep  such  portion  of  said  street  as  is  occupied 
by  said  track  in  good  condition  and  repair,  under  the  supervision  of 
and  as  may  be  directed  by  the  department  of  public  works  of  said  city 
of  Chicago,  and  in  case  the  said  Glover  and  Company  shall  fail  to  keep 
the  same  in  repair,  as  herein  provided,  as  the  department  of  public 
works  shall  direct,  then  the  department  of  public  works  may  repair 
same,  and  the  expense  thereof  shall  be  paid  by  the  said  Glover  and 
Company  on  demand. 

If  3.  Grant  10  years.]  § 3.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

If  4.  In  effect.]  § 4.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 


1748 


SWITCH  TRACKS PRIVATE. 


[§  § 769,  77° 


M.  GOTTFRIED. 

§ 769.  M.  Gottfried. 

If  1.  Alexander  street — subject  to  ordinances — repair  of  street. 

Tf  2.  When  in  force. 

An  ordinance  granting  permission  to  M.  Gottfried  to  construct  and  maintain  a 
railroad  track  across  Alexander  street,  from  Stewart  avenue  to  the  alley 
next  east  of  said  Stewart  avenue  connecting  with  said  Alexander  street. 
(Passed  November  20,  1876.) 

1.  Alexander  street— subject  to  ordinances — repair  of  street.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
permission  and  authority  is  hereby  granted  to  M.  Gottfried  to  lay 
down,  construct  and  maintain  a railroad  track  in  and  across  Alex- 
ander street,  from  Stewart  avenue  to  the  alley  next  east  of  said  Stew- 
art avenue,  connecting  with  said  Alexander  street,  said  track  to  be 
laid  down  and  maintained  under  the  direction  and  supervision  of  the 
department  of  public  works: 

Provided,  that  the  privilege  hereby  granted  shall  be  subject  to  all 
ordinances  now  in  force  concerning  railroads,  or  which  may  hereafter 
be  passed ; and 

Provided,  further,  that  said  M.  Gottfried,  his  heirs  or  assigns,  shall 
keep  such  portion  of  said  street  as  is  occupied  by  said  track  in  good 
condition  and  repair,  under  the  supervision  of,  and  as  may  be  directed 
by,  the  department  of  public  works  of  said  city. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


LEO  M.  HAMLINE. 

§ 770.  Leo  M.  Hamline. 

1.  Bloomingdale  road — bond — conditions. 

*[  2.  Grant  ten  years. 

TJ  3.  Expiration  of  term — duty  of  grantee. 

TT  4.  Acceptance. 

An  ordinance  granting  permission  to  Leo  M.  Hamline  to  lay  down  and  maintain 
a single  railroad  track  on  Bloomingdale  street  or  road.  (Passed  September 
“ 21,  1891.  Accepted  October  io,  1891.) 

T 1.  Bloomingdale  road — bond — conditions.]  Be  it  ordained 

by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  is 

hereby  granted  to  Leo  M.  Hamline  to  lay  down,  construct,  maintain 
and  operate  a single  railroad  track  from  and  connecting  with  the  tracks 
of  the  Chicago,  Milwaukee  and  St.  Paul  Railroad  Company,  com- 
mencing at  a point  in  the  center  of  Bloomingdale  [road]  street  at  the 
intersection  of  the  east  line  of  Rockwell  street,  thence  on  a gradual 


§ 77°] 


LEO  M.  HAMLINE. 


1749 


curve  northeasterly  across  the  north  half  of  Bloomingdale  road  twelve 
(12)  feet  east  of  the  west  line  of  lot  thirty-eight  (38)  in  Daniel’s  sub- 
division of  the  east  Yz  of  block  3 in  Johnston’s  subdivision  of  the  east 
Y 2 of  the  S.  E.  54,  Sec.  36,  T.  40  north,  range  13  E.  of  the  3rd  P.  M., 
to  the  private  property  of  said  Leo  M.  Hamline;  Provided,  however, 
that  said  Leo  M.  Hamline  shall,  before  laying  said  track,  enter  into  a 
bond  with  the  city  of  Chicago  in  the  sum  of  ten  thousand  ($10,000) 
dollars,  to  be  approved  by  the  mayor,  to  hold  and  save  the  city  of 
Chicago  harmless  from  all  damages,  costs  and  expenses  whatsoever 
in  consequence  of  the  passage  of  this  ordinance  granting  the  privileges 
hereinbefore  mentioned;  Provided,  further,  that  the  privileges  hereby 
granted  shall  be  subject,  in  all  respects,  to  all  ordinances  now  in  force 
or  which  may  hereafter  be  passed  concerning  railroads,  and  that  said 
Leo  M.  Hamline  shall  keep  so  much  of  said  Bloomingdale  street  as 
shall  be  occupied  by  said  track  in  such  condition  and  repair  as  may 
be  directed  by  the  department  of  public  works;  no  cars  shall  be  per- 
mitted to  stand  on  the  street,  nor  shall  any  car  be  unloaded  or  loaded 
upon  the  street  occupied  by  said  track;  provided,  the  said  track  shall 
be  laid  down  and  maintained  under  the  direction  and  supervision  of 
the  department  of  public  works,  and  provided,  if  said  Leo  M.  Ham- 
line  shall  violate  any  of  the  provisions  or  conditions  of  this  section, 
then  the  department  of  public  works  may  tear  up  and  remove  the  track 
hereby  authorized  to  be  laid,  and  the  costs  thereof  to  the  city  shall 
be  paid  by  said  Leo  M.  Hamline. 

If  2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  hereof,  and  this  ordinance  shall,  at  all  times  before  the 
expiration  thereof,  be  subject  to  modification,  amendment  or  repeal, 
and,  in  case  of  repeal,  the  privileges  hereby  granted  shall  cease  and 
determine. 

If  3.  Expiration  of  term— duty  of  grantee.]  § 3.  In  case  of 

the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of  repeal, 
said  Leo  M.  Hamline  shall,  at  his  own  expense,  cause  said  track  to  be 
removed  and  the  part  of  the  street  so  occupied  by  said  track  to  be 
placed  in  such  repair  and  condition  as  the  depratment  of  public  works 
may  require,  and  if  the  said  Leo  M.  Hamline  shall  fail  to  remove  said 
tracks  and  so  restore  said  street,  as  herein  provided,  then  the  city  of 
Chicago  may,  within  ten  days  after  notice  to  the  said  Leo  M.  Hamline 
or  his  bondsmen,  remove  said  track  and  restore  the  part  of  the  street 
so  occupied  by  such  track  to  such  condition  as  it  may  elect,  at  the 
expense  and  cost  of  said  Leo  M.  Hamline,  which  cost  and  expense 
said  Leo  M.  Hamline,  in  accepting  this  ordinance,  agrees  to  pay  on 
demand. 

If  4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Leo  M.  Hamline. 


1760 


SWITCH  TRACKS PRIVATE. 


U 771 


P.  C.  HANFORD  OIL  COMPANY. 

§ 771.  P.  C.  Hanford  Oil  company. 

IT  1.  Sixteenth  street  west  of  Arnold  street, 
if  2-  Bond. 

IT  3.  Repair  of  street, 
if  4.  Grant  ten  years, 
it  5*  Subject  to  modification  or  repeal, 
it  6.  Expiration  of  term— duty  of  grantee, 
it  7.  Acceptance. 

An  ordinance  granting  permission  to  the  P.  C.  Hanford  Oil  company  to  lay  down 
and  maintain  a switch  track.  (Passed  July  2,  1888.) 

If  1.  Sixteenth  street,  west  of  Arnold  street.]  Be  it  ordained 

by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  is  hereby  granted  to  the  P.  C.  Hanford  Oil  Company,  a 
corporation  existing  under  and  by  virtue  of  the  laws  of  Illinois,  to  lay 
down,  construct,  maintain  and  operate  a single  railroad  track  from 
and  connecting  with  the  tracks  of  the  Lake  Shore  & Michigan  South- 
ern Railroad  Company,  at  a point  not  exceeding  60  feet  north  of  16th 
street,  and  thence  across  16th  street  at  a point  not  exceeding  60  feet 
west  of  the  west  line  of  Arnold  street. 

T 2.  Bond.]  § 2.  This  permission  is  granted  on  the  express 
condition  that  said  P.  C.  Hanford  Oil  Company  shall  keep  and  save 
the  city  of  Chicago  harmless  from  all  damages,  costs  and.  expenses 
whatsoever  arising  out  of  the  use  and  occupation  of  said  16th  street 
for  the  purposes  aforesaid,  and,  provided,  that  said  P.  C.  Hanford 
Oil  Company  shall,  before  laying  said  track,  enter  into  a bond  with 
the  city  of  Chicago  in  the  sum  of  five  thousand  ($5,000)  dollars,  to  be 
approved  by  the  mayor,  conditioned  to  hold  and  save  the  city  of  Chi- 
cago harmless  from  all  damages,  costs  and  expenses  whatsoever  in 
consequence  of  the  passage  of  this  ordinance  granting  the  privileges 
hereinbefore  mentioned,  and  conditioned  to  fully  comply  and  abide 
by  all  the  conditions,  restrictions  and  obligations  imposed  by  this  ordi- 
nance on  said  P.  C.  Hanford  Oil  Company. 

T 3.  Repair  of  street.]  § 3.  The  privileges  hereby  granted 
shall  be  subject  in  all  respects  to  all  ordinances  now  in  force,  or  which 
may  hereafter  be  passed  concerning  railroads,  and  that  said  P.  C. 
Hanford  Oil  Company  shall  keep  so  much  of  said  16th  street  as  shall 
be  occupied  by  said  track,  including  a space  of  one  foot  to  either 
side  of  the  same,  in  good  condition  and  repair,  and  in  such  condition 
and  repair  as  it  may  be  directed  by  the  department  of  public  works, 
and  said  track  shall  be  laid  and  maintained  under  the  direction  and 
supervision  of  the  department  of  public  works,  and  in  case  said  P.  C. 
Hanford  Oil  Company  shall  fail  to  keep  in  repair  or  place  said  street  as 
aforesaid  in  such  condition  and  repair  as  the  department  of  public 
works  shall  direct,  then  the  department  of  public  works  may  repair 
the  same,  or  place  the  said  street  as  aforesaid  in  proper  repair,  and 
the  expense  thereof  shall  be  paid  by  said  P.  C.  Hanford  Oil  Company. 


7 7 2 ] 


EDWIN  S.  HARTWELL. 


1751 


If  4.  Grant  10  years.]  § 4.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

T 5.  Subject  to  modification  or  repeal.]  § 5.  This  ordinance 
is  also  passed’  with  the  express  reservation  that  it  shall  at  any  time 
before  the  expiration  of  said  ten  (10)  years  be  subject  to  modification, 
amendment  or  repeal,  and  in  case  of  repeal  all  privileges  hereby 
granted  shall  cease  and  determine. 

% 6.  Expiration  of  term — duty  of  grantee.]  § 6.  In  case  of 
the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of  repeal 
of  this  ordinance,  said  P.  C.  Hanford  Oil  Company  shall,  at  its  own 
expense,  cause  said  track  to  be  removed  and  the  part  of  16th  street  so 
occupied  by  said  track  to  be  placed  in  such  repair  and  condition  as  the 
department  of  public  works  may  require,  and  if  said  P.  C.  Hanford 
Oil  Company  shall  fail  to  so  remove  said  track  and  so  restore  said 
street  as  herein  provided,  then  the  city  of  Chicago,  by  its  department 
of  public  works,  may  remove  said  track  and  restore  the  part  of  the 
street  so  occupied  by  said  track  to  such  condition  as  it  may  elect, 
at  the  expense  and  cost  of  said  P.  C.  Hanford  Oil  Company,  which 
cost  and  expense  of  removing  said  track  and  so  restoring  said  street, 
said  P.  C.  Hanford  Oil  Company  in  accepting  this  ordinance  shall 
agree  to  pay  on  demand. 

If  7.  Acceptance.]  § 7.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  P.  C.  Hanford  Oil  Com- 
pany, and  the  filing  of  its  bond  as  aforesaid,  such  acceptance  and  bond 
to  be  filed  within  thirty  (30)  days  after  passage  hereof. 


EDWIN  S.  HARTWELL 

§ 772  Edwin  S.  Hartwell. 

1.  Chester  street — bond — repair  of  street. 

2.  Grant  ten  years.  ~ 

•if  3.  Subject  to  modification'or  repeal. 

If  4.  Removal  of  track — restoration  of  street. 

^[5.  Acceptance. 

* An  ordinance  granting  permission  to  Edwin  S.  Hartwell  to  lay  down  and  main- 
tain a single  railroad  track.^.  (Passed  May  28,  1888.) 

1 1.  Chester  street— bond — repair  of  street,]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  is 

hereby  given  and  granted  to  Edwin  S.  Hartwell  to  lay  down,  con- 
struct, maintain  and  operate  a single  railroad  track  from  and  con- 
necting with  the  tracks  of  the  Chicago  & Northwestern  Railroad  Com- 
pany at  a point  fifty  (50)  feet  north  of  the  north  line  of  Chester  street, 


1752 


SWITCH  TRACKS PRIVATE. 


[§  773 


running  thence  southerly  across  Chester  street  to  and  into  the  prop- 
erty of  the  said  Edwin  S.  Hartwell;  Provided,  however,  that  said 
Edwin  S.  Hartwell  shall,  before  laying  said  track,  enter  into  a bond 
with  the  city  of  Chicago,  in  the  sum  of  five  thousand  ($5,000)  dollars, 
to  be  approved  by  the  mayor,  to  hold  and  save  the  city  of  Chicago 
harmless  from  all  damages,  costs  and  expenses  whatsoever,  in  conse- 
quence of  the  passage  of  this  ordinance,  granting  the  privilege  herein- 
before mentioned;  Provided,  further,  that  the  privileges  hereby 
granted  shall  be  subject  in  all  respects  to  all  ordinances  now  in  force 
or  which  may  hereafter  be  passed  concerning  railroads,  and  that  said 
Edwin  S.  Hartwell  shall  keep  so  much  of  said  Chester  street,  as  shall 
be  occupied  by  said  track  in  such  condition  and  repair  as  he  may  be 
directed  by  the  department  of  public  works ; Provided,  that  said  track 
shall  be  laid  down  and  maintained  under  the  direction  and  supervision 
of  the  department  of  public  works. 

If  2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

If  3.  Subject  to  modification  or  repeal.]  § 3.  This  ordinance 
shall  at  any  time  before  the  expiration  thereof  be  subject  to  modifica- 
tion, amendment  or  repeal,  and  in  case  of  repeal  all  privileges  hereby 
granted  shall  cease  and  determine. 

If  4.  Removal  of  track— restoration  of  street.]  § 4.  In  case 
of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of  re- 
peal, said  Edwin  S.  Hartwell  shall,  at  his  own  expense,  cause  said  track 
to  be  removed  and  the  part  of  the  streets  so  occupied  by  said  track  to 
be  placed  in  such  repair  and  condition  as  the  department  of  public 
works  may  require;  and  if  the  said  Edwin  S.  Hartwell  shall  fail  to  so 
remove  said  track  and  so  restore  said  streets  as  herein  provided,  then 
the  city  of  Chicago  may,  within  ten  (10)  days  after  notice  to  the  said 
Edwin  S.  Hartwell,  or  his  bondsmen,  remove  said  track  and  restore  the 
part  of  the  street  so  occupied  by  said  track  to  such  condition  as  it  may 
elect,  at  the  expense  and  cost  of  said  Edwin  S.  Hartwell,  which  cost 
and  expense  said  Edwin  S.  Hartwell,  in  accepting  this  ordinance, 
agrees  to  pay  on  demand. 

If  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Edwin  S,  Hartwell. 


J.  J.  HAYES. 

§ 77 3-  J-  J-  Hayes. 

If  1.  Mailler  street  and  an  alley. 

2.  Bond — subject  to  ordinances — repair  of  street,  etc. — amend- 
ment or  repeal — grant  ten  years. 

If  3.  Acceptance. 


§ 773] 


J.  J.  HAYES. 


1753 


An  ordinance  granting  permission  to  J.  J.  Hayes  to  lay  a switch  track  connect- 
ing with  the  Chicago  & Western  Indiana  railway,  crossing  Mailler  street 
and  the  alley  between  lots  14  and  15,  in  block  5,  in  the  subdivision  of  that 
part  of  the  east  y2  of  the  southwest  north  of  Colorado  avenue,  of  section 
15,  township  39  north,  range  13.  (Passed  November  11,  1895.) 

1 1.  Mailler  street  and  an  alley.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago  : § I.  That  permission  and  authority 
are  hereby  given  to  J.  J.  Hayes  to  lay  down,  maintain  and  operate 
a single  switch  track  connecting  with  the  Chicago  and  Western  In- 
diana Railway,  from  a point  where  the  easternmost  track  of  said 
railway  crosses  the  north  line  of  Mailler  street,  thence  southeasterly 
across  Mailler  street,  to  the  northwest  corner  of  lot  15,  in  block  5, 
in  the  subdivision  of  that  part  of  the  east  J4  of  the  southwest  54  » north 
of  Colorado  avenue,  of  section  15,  township  39  north,  range  13,  east 
of  the  3d  principal  meridian,  thence  southeasterly  and  easterly  over 
and  across  said  lot  15,  and  over  and  across  the  alley  between  said 
lot  15  and  lot  14,  in  the  same  subdivision,  and  over  and  across  said 
lot  14  to  the  north  line  of  Towner  street. 

1 2.  Bond— subject  to  ordinances— repair  of  street,  etc.— 
amendment  or  repeal — grant  10  years.]  § 2.  The  permission 
hereby  given  is  upon  the  following  express  conditions,  towit: 

The  said  J.  J.  Hayes  shall,  before  laying  said  switch  track,  give  a 
bond  to  the  city  of  Chicago  in  the  sum  of  $5,000,  to  be  approved  by 
the  mayor,  conditioned  to  hold  and  save  harmless  and  to  indemnify 
the  city  of  Chicago  from  all  damages,  costs  and  expenses  of  every  na- 
ture and  description  in  consequence  of  the  passage  of  this  ordinance, 
or  which  shall  in  anywise  grow  out  of  the  construction  and  operation 
of  said  switch  track. 

2nd1 — The  privilege  herein  granted  shall  be  subject  to  all  ordinances 
now  in  force  concerning  railroads  and  switch  tracks,  or  which  may 
be  hereafter  passed  regulating  the  said  switch  track  laid  in  conformity 
herewith. 

3rd — Said  switch  track  shall  be  laid,  constructed  and  maintained 
in  such  manner  as  shall  be  approved  by  the  commissioner  of  public 
works  and  under  his  direction  and  supervision,  and  the  said  J.  J. 
Hayes  shall  improve  and  keep  in  good  repair  at  his  own  expense  that 
portion  of  said  Mailler  street  and  of  said  alley  between  said  lots  14 
and  15,  as  shall  be  occupied  by  said  switch  track,  and  as  shall  be  be- 
tween said  track  and  the  tracks  of  the  Chicago  and  Western  Indiana 
Railway  Company  under  the  direction  and  in  the  manner  prescribed 
by  the  commissioner  of  public  works. 

4th — This  ordinance  shall  at  all  times  be  subject  to  amendment 
or  repeal,  and  is  expressly  limited  to  a period  of  ten  years  from  its 
passage.  At  the  expiration  of  said  ten  years,  or  sooner,  if  this  ordi- 
nance shall  be  repealed,  the  said  Hayes  shall  take  up  and  remove  said 
track  from  said  street  and  alley  upon  five  days’  notice  by  the  depart- 
ment of  public  works,  and  shall  thereupon  place  that  portion  of  said 
street  and  alley  theretofore  occupied  by  said  track  in  condition  to  cor- 


17e54 


SWITCH  TRACKS PRIVATE. 


[§  774 


respond  with  the  other  parts  of  said  street  and  alley  as  then  improved, 
in  default  whereof  the  city  may  remove  said  track  and  repair  said 
street  and  alley  and  the  expense  thereof  shall  be  paid  by  the  said  J.  J. 
Hayes. 

If  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  the  said  Hayes  and  the  filing-  and  approval 
of  the  bond  above  provided  for;  Provided,  said  acceptance  shall  be 
made  and  said  bond  filed  and  approved  within  thirty  days  from  the 
passage  hereof. 


JOHN  W.  AND  JAMES  W.  HEDENBERG. 

§ 774.  John  W.  and  James  W.  Hedenberg. 

IT  1.  Route — grant  ten  years — bond. 

2.  When  in  effect. 

An  ordinance  granting  permission  to  John  W.  Hedenberg  and  James  W.  Heden 
berg  and  their  grantees  to  lay  down  and  operate  certain  railroad  switch 
tracks.  (Passed  March  21,  1892.  Accepted  April  6,  1892.) 

1 1.  Route— grant  10  years— bond.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  Permission  is  hereby 

granted  to  John  W.  Hedenberg  and  James  W.  Hedenberg  and  their 
grantees,  to  lay  down  and  operate  a railroad  track  from  a point  on  the 
north  line  of  lot  thirty-nine  (39)  of  Silverman’s  West  Twelfth  street 
subdivision  of  the  south  nine  and  three-quarter  (9^4)  acres  of  the  west 
half  of  the  southeast  quarter  of  the  southeast  quarter  of  section  thirteen 
(13),  township  thirty-nine  (39)  north,  range  thirteen  (13)  east  of  the 
third  principal  meridian,  upon  and  across  Grenshaw  street,  Fillmore 
street  and  Taylor  street,  to  the  north  line  of  lot  17,  block  one  (1)  of 
J.  H.  Leather’s  and  others’  subdivision  of  the  north  ten  and  a quarter 
(ioJ4)  acres  of  the  west  half  of  the  southeast  quarter  of  the  southeast 
quarter  of  section  thirteen  (13),  township  thirty-nine  (39)  north,  range 
thirteen  (13)  east  of  the  third  principal  meridian;  also,  upon  and 
across  the  east  and  west  alley  between  Grenshaw  street  and  Fillmore 
street  in  said  Silverman’s  subdivision,  and  upon  and  across  the  east 
and  west  alley  in  block  two  (2)  and  upon  and  across  the  east  and  west 
alley  of  block  one  (1)  of  said  J.  H.  Leather’s  and  others’  subdivision. 
The  permission  and  privileges  hereby  given  to  continue  ten  years; 
Provided,  that  the  said  John  W.  Hedenberg  and  James  W.  Heden- 
berg shall,  before  laying'  such  tracks,  enter  into  a bond  in  the  penal 
sum  of  ten  thousand  ($10,000)  dollars  to  the  city  of  Chicago,  to  be 
approved  by  the  mayor,  conditioned  to  save  the  city  harmless  of  all 
damages,  costs  and  expenses  whatever  in  consequence  of  the  passage 
of  this  ordinance  or  the  laying  down  and  operating  such  tracks,  and 


§ 775] 


ERNST  HELDMAIER. 


1755 


provided,  further,  that  the  privileges  hereby  granted  shall  be  enjoyed, 
subject  to  all  ordinances  now  in  force  concerning  railroads  or  which 
may  be  hereafter  passed. 

If  2.  When  in  effect.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


ERNST  HELDMAIER. 

§ 775.  Ernst  Heldmaier. 

ir  1.  Lumber  street — bond — repair  of  street — cars  not  to  stand. 

IT  2.  Grant  ten  years. 

3.  Removal  of  track — restoration  of  street. 

4.  Acceptance. 

An  ordinance  authorizing  Ernst  Heldmaier  to  lay  a switch  track  across  Lumber 
street.  (Passed  March  io,  1890.  Accepted  March  29,  1890.) 

If  1.  Lumber  street— bond— repair  of  street— cars  not  to 
Stand.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  is  hereby  granted  to  Ernst  Heldmaier  to  lay 
down,  construct  and  maintain  and  operate  a single  railroad  track  from 
and  connecting  with  the  tracks  of  the  Pittsburgh,  Fort  Wayne  and 
Chicago  Railroad,  commencing  at  a point  on  the  west  side  of  Lumber 
street  94  5-10  feet  north  of  West  Eighteenth  street;  thence  on  a grad- 
ual curve  northeasterly  across  Lumber  street  to  a point  in  the  east 
line  of  Lumber  street,  30  feet  south  of  the  north  line  of  lot  5,  block  4, 
Canal  Trustees’  subdivision  of  W.  Y*  section  21,  T.  39  N.,  R.  14  E., 
and  so  much  of  the  S.  E..]4  as  lies  west  of  the  south  branch  of  Chicago 
river,  to  the  private  property  of  said  Ernst  Heldmaier;  Provided,  how- 
ever, that  said  Ernst  Hdlmeyer  (Heldmaier)  shall,  before  laying  said 
track,  enter  into  a bond  with  the  city  of  Chicago  in  the  sum  of  ten 
thousand  dollars  ($10,000),  to  be  approved  by  the  mayor,  to  hold  and 
save  the  city  of  Chicago  harmless  from  all  damages,  costs  and  ex- 
penses whatsoever,  in  consequence  of  the  passage  of  this  ordinance, 
granting  the  privileges  hereinbefore  mentioned;  Provided,  further, 
that  the  privileges  hereby  granted  shall  be  subject  in  all  respects  to 
all  ordinances  now  in  force  or  which  may  hereafter  be  passed  con- 
cerning railroads,  and  that  said  Ernst  Heldmaier  shall  keep  so  much 
of  said  Lumber  street  as  shall  be  occupied  by  said  track  in  such  con- 
dition and  repair  as  may  be  directed  by  the  department  of  public 
works.  No  cars  shall  be  permitted  to  stand  on  the  street,  nor  shall 
any  car  be  unloaded  or  loaded  upon  the  street  occupied  by  said 
track;  Provided,  that  said  track  shall  be  laid  down  and  maintained 
under  the  direction  and  supervision  of  the  department  of  public  works  ; 
and  provided,  if  said  Ernst  Heldmaier  shall  violate  any  df  the  pro- 


1756 


SWITCH  TRACKS PRIVATE. 


[§  776 


visions  or  conditions  of  this  section,  then  the  department  of  public 
works  may  tear  up  and  remove  the  track  hereby  authorized  to  be 
laid,  and  the  cost  thereof  to  the  city  shall  be  paid  by  said  Ernst 
Heldmaier. 

T 2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (io)  years 
from  the  passage  thereof,  and  this  ordinance  shall  at  any  time  before 
the  expiration  thereof  be  subject  to  modification,  amendment  or  re- 
peal, and  in  case  of  repeal  all  privileges  hereby  granted  shall  cease 
and  determine. 

T 3.  Removal  of  track— restoration  of  street.]  § 3.  In  case 
of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of 
repeal,  said  Ernst  Heldmaier  shall,  at  his  own  expense,  cause  said 
track  to  be  removed  and  the  part  of  the  street  so  occupied  by  said 
track  to  be  placed  in  such  repair  and  condition  as  the  department 
of  public  works  may  require,  and  if  the  said  Ernst  Heldmaier  shall 
fail  to  remove  said  track  and  so  restore  said  street  as  herein  pro- 
vided, then  the  city  of  Chicago  may,  within  ten  (10)  days  after  notice 
to  the  said  Ernst  Heldmaier  or  his  bondsmen,  remove  said  track  and 
restore  the  part  of  said  street  so  occupied  by  said  track  to  such  con- 
dition as  it  may  elect,  at  the  expense  and  cost  of  said  Ernst  Heldmaier, 
which  cost  and  expense  said  Ernst  Heldmaier  in  accepting  this  ordi- 
nance agrees  to  pay  on  demand. 

If  4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance,  provided,  said  acceptance  shall 
be  filed  in  the  office  of  the  city  clerk  within  thirty  days  from  the 
passage  hereof. 


JEFFERSON  HODGKINS. 

§ 776.  Jefferson  Hodgkins. 

If  1.  Route. 

*([  2.  Subject  to  all  ordinances, 
if  3.  When  in  force. 

An  ordinance  granting  permission  and  authority  to  Jefferson  Hodgkins  to  con- 
struct and  maintain  a switch  track.  (Passed  April  3,  1889.) 

T 1.  Route.]  Be  it  ordained  by  the  president  and  board  of 
trustees  of  the  town  of  Lake,  as  follows:  § 1.  That  permission  and 
authority  be  and  the  same  are  hereby  granted  to  Jefferson  Hodgkins, 
his  heirs,  executors,  administrators  and  assigns,  to  construct,  main- 
tain and  operate  a single  railroad  side-track  in  the  town  of  Lake  in, 
along  and  upon  the  following  described  route,  tc  wit: 

In,  along  and  upon  the  twelve  foot  alley  lying  immediately  west  of 


§ 777] 


J.  N.  HOSTETTER. 


1757 


the  right  of  way  of  the  Chicago,  Rock  Island  & Pacific  Railway  Com- 
pany, and  immediately  east  of,  opposite  and  adjacent  to  lots  I,  4,  5, 
8,  9,  12,  13,  1 6,  17  and  20  in  block  1,  and  lots  1,  4,  5,  8,  9,  12,  13, 
16,  17  and  20  in  block  4,  of  Peter  Shimp’s  subdivision  of  that  part 
of  the  southeast  quarter  of  the  southeast  quarter  of  section  9,  town- 
ship 38  north,  range  fourteen  east  of  the  third  principal  meridian,  west 
of  the  Chicago,  Rock  Island  & Pacific  Railroad,  commencing  at  the 
south  line  extended  of  said  lot  20  in  block  4 aforesaid,  and  extending 
northward  in  and  along  said  alley  to  the  north  line  extended  of  said 
lot  1,  in  block  1,  aforesaid. 

Tf  2.  Subject  to  all  ordinances.]  § 2.  It  is  hereby  provided 
that  said  Jefferson  Hodgkins,  his  heirs,  executors,  administrators  and 
assigns,  may  use  and  operate  said  railway  track  with  locomotive  en- 
gines and  cars  under  such  general  regulations  concerning  railroads 
as  the  president  and  board  of  trustees  of  said  town  may,  from  time 
to  time,  impose  and  make;  and  the  rights  and  privileges  hereby  grant- 
ed shall  be  enjoyed  subject  to  all  general  ordinances  that  now  are, 
or  hereafter  may  be,  in  force  concerning  railroads  in  said  town. 

3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


J.  N.  HOSTETTER. 

L § 777-  J-  N.  Hostetter. 

If  1.  Grant  ten  years — California  avenue — bond — repair  of  street. 

If  2.  Duty  of  grantee  as  to  removal  of  track. 

3.  Acceptance. 

An  ordinance  granting  J.  N.  Hostetter  privilege  and  authority  to  construct  and 
operate  a private  switch.  (Passed  October  26,  1896.) 

1 1.  Grant  10  years— California  avenue — bond — repair  of 
Street.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  and  authority  is  hereby  granted  to  J.  N.  Hos- 
tetter, or  his  assigns,  to  construct,  maintain  and  operate  a private 
single  railroad  switch,  for  a period  of  ten  years,  from  and  connecting 
with  the  track  of  the  Chicago  and  Northwestern  Railway  Company, 
said  track  to  cross  the  east  line  of  California  avenue  at  a point  about 
422  feet  north  of  the  center  of  Fulton  street  and  thence  running  west 
across  said  California  avenue  about  400  feet,  more  or  less,  on  private 
property,  in  accordance  with  plat  hereto  attached. 

Provided,  however,  that  said  J.  N.  Hostetter  shall,  before  laying 
any  part  of  said  track,  enter  into  a bond  with  the  city  of  Chicago  in 
the  penal  sum  of  $5,000,  to  be  approved  by  the  mayor,  to  hold  and 


1758 


SWITCH  TRACKS PRIVATE. 


save  the  city  of  Chicago  harmless  from  all  damages  caused  by  the 
passage  of  this  ordinance. 

Provided,  further,  that  the  privilege  hereby  granted  shall  be  sub- 
ject in  all  respcts  to  all  ordinances  now  in  force  or  which  may  here- 
after be  passed  concerning  railroads  and  the  elevation  of  railroad 
bracks,  and  that  said  J.  N.  Hostetter  and  his  assigns  shall  keep  so 
much  of  said  California  avenue  as  shall  be  occupied  by  said  switch 
in  such  condition  and  repair  as  may  be  directed  by  the  department 
of  public  works. 

And  provided,  further,  that  said  switch  shall  be  constructed  and 
maintained  under  the  direction  and  supervision  of  the  department  of 
public  works. 

1 2.  Duty  of  grantee  as  to  removal  of  track.]  § 2.  This  ordi- 
nance shall  be  subject  to  amendment  or  repeal  at  any  time  for  failure 
to  comply  with  any  order  of  the  department  of  public  works  con- 
cerning the  proper  construction  and  maintenance  of  said  switch,  and 
upon  the  expiration  of  this  ordinance,  said  J.  N.  Hostetter,  or  his 
assigns,  shall  remove  said  switch  after  notice  from  the  department  of 
public  works,  and  in  case  of  failure  or  refusal  to  comply  with  said 
notice,  then  the  city  of  Chicago  may  remove  the  same  at  the  expense 
of  said  J.  N.  Hostetter  or  his  assigns. 

1”  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  J.  N.  Hostetter. 


GEORGE  R.  H.  HUGHES. 

§ 778.  George  R.  H.  Hughes. 

% 1.  Grant  ten  years — route — bond. 

2.  Subject  to  all  railroad  or  other  ordinances. 

3.  Duty  of  grantee  as  to  removal  of  tracks. 

■jf  4.  In  effect  from  and  after  passage. 

An  ordinance  authorizing  George  R.  H.  Hughes  to  maintain  and  operate  a switch 
or  railroad  track.  (Passed  January  23,  1893.) 

1 1.  Grant  10  years— route — bond.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority are  hereby  granted  to  George  R.  H.  Hughes  to  lay  down, 
maintain  and  operate,  for  a period  of  ten  (10)  years  from  the  passage 
hereof,  a switch  or  railroad  track,  commencing  on  the  west  track  of 
the  Chicago  & Indiana  State  Line  Railroad  Company  at  its  intersec- 
tion with  the  north  line  of  35th  street,  thence  northwesterly  on  a curve 
with  a radius  of  about  two  hundred  (200)  feet  for  a distance  of  one 
hundred  and  seventy  (170)  feet,  and  across  Iron  street  to  the  east  line  of 
block  eleven  (11)  of  the  partition  of  lots  thirty-one  (31)  and  thirty-two 


§ 779] 


ILLINOIS  STEEL  COMPANY. 


1759 


(32)  of  the  assessor’s  division  of  part  of  the  northwest  quarter,  and  the 
west  half  of  the  northeast  quarter  of  section  thirty-two  (32),  township 
39,  range  14  east  of  the  3rd  principal  meridian;  Provided,  that  said 
track  shall  be  laid  down  and  maintained  under  the  direction  and  super- 
vision of  the  commissioner  of  public  works;  Provided,  further,  that 
said  George  R.  H.  Hughes  shall  enter  into  a bond  to  the  city  of 
Chicago,  to  be  approved  by  the  commissioner  of  public  works,  in 
the  penal  sum  of  five  thousand  dollars  ($5,000),  conditioned  to  hold  the 
city  harmless  from  any  and  all  damages,  costs  and  expenses  what- 
soever in  consequence  of  the  passage  of  this  ordinance  or  that  may 
accrue  or  in  any  way  grow  out  of  the  privileges  hereby  granted. 

IF  2.  Subject  to  all  railroad  or  other  ordinances.]  § 2.  The 

privileges  hereby  conferred  shall  be  exercised  and  enjoyed  subject 

to  all  railroad  or  other  ordinances  now  in  force  or  which  may  be 
hereafter  passed  by  the  city  council. 

1 3.  Duty  of  grantee  as  to  removal  of  tracks.]  § 3.  At  the 

expiration  of  said  ten  (10)  years  the  said  Hughes  shall  cause  said 

tracks  to  be  removed  and,  in  default  thereof,  they  shall  be  removed 
by  the  city  of  Chicago  at  the  expense  of  said  Hughes. 

H 4.  In  effect  from  and  after  passage.]  § 4.  This  ordinance 
shall  be  in  force  from  and  after  its  passage 


ILLINOIS  STEEL  COMPANY. 

(Successors  to  Union  Iron  & Steel  company.) 

§ 779.  Illinois  Steel  company. 

U 1.  Grant  ten  years — Ashland  avenue — operation  of  mills — other 
conditions. 

An  ordinance  granting  to  the  Illinois  Steel  company  the  privilege  of  continuing 
use  of  certain  railroad  tracks.  (Passed  May  13,  1895  ) 

1 1.  Grant  10  years— Ashland  avenue — operation  of  mills — 
Other  conditions.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  the  Illinois  Steel  Company,  its  successors  and 
assigns,  are  hereby  granted  the  privilege  and  right  to  continue  to  use 
and  occupy,  for  the  space  of  ten  (10)  years  from  the  passage  of  this 
ordinance,  and  no  longer,  the  railroad  tracks  and  connections  now 
being  on  Ashland  avenue,  between  the  point  where  the  Chicago  and 
Alton  Railroad  crosses  Ashland  avenue,  and  a point  on  said  Ash- 
land avenue,  at  or  near  Thirty-second  street,  which  said  tracks  con- 
nect the  property  of  the  Illinois  Steel  Company  with  the  Chicago  and 
Alton  Railroad,  and  to  maintain  said  tracks  for  the  time  above;  Pro- 
vided, that  the  mills  of  the  said  Illinois  Steel  Company  shall  be  in  full 


1760 


SWITCH  TRACKS PRIVATE. 


[§  780 


operation  eight  months  after  the  passage  of  this  ordinance,  otherwise 
the  rights  and  privileges  granted  by  this  ordinance  shall  cease  and 
be  null  and  void;  Provided,  however,  and  the  privileges  and  rights 
in  this  ordinance  granted  and  contained  are  upon  the  express  condi- 
tion and  agreement  that,  before  the  same  shall  be  in  force,  the  said 
Illinois  Steel  Company  shall  file  with  the  city  clerk  of  the  city  of 
Chicago  a relinquishment  and  waiver  in  writing,  which  shall  be  ac- 
ceptable to  fehe  mayor  and  law  department  of  the  city,  of  any  right 
the  said  Illinois  Steel  Company  has  or  claims  to  have,  by  estoppel 
resting  upon  any  grant,  investment  of  capital,  location  of  manufactories 
or  mills,  lapse  of  time,  or  from  any  other  reason  or  cause  whatsoever, 
in  and  to  the  use  or  occupation  of  said  street  by  said  tracks  on  Ash- 
land avenue  between  the  points  above;  and  provided,  further,  that 
the  privileges  and  rights  hereby  granted  in  this  ordinance  are  upon 
the  express  understanding  and  agreement  that  at  the  expiration  of 
said  ten  (10)  years  from  the  passage  of  this  ordinance,  all  of  said  tracks 
on  Ashland  avenue  at  the  place  between  the  points  designated  shall 
be  absolutely  removed  and  taken  from  said  street,  without  cost  or 
expense  to  the  city  of  Chicago,  leaving  said  Ashland  avenue  between 
the  points  above  free  and  clear  of  said  railroad  tracks;  and  if  said 
Illinois  Steel  Company,  its  successors  or  assigns,  shall  fail  or  refuse 
to  remove  said  tracks  immediately  on  the  expiration  of  said  ten  (10) 
years,  then  the  city  may  remove  the  same  without  further  or  any 
notice. 


ILLINOIS  WIRE  NAIL  COMPANY. 

§ 780.  Illinois  Wire  Nail  company. 

1.  Route — grant  ten  years — bond — conditions. 

2.  Termination  of  grant — duty  of  grantee, 
if  3.  Acceptance. 

An  ordinance  authorizing  the  Illinois  Wire  Nail  company  to  lay  down  and  oper- 
ate a single  side  track  on  Front  street.  (Passed  February  24,  1891.) 

T 1.  Route — grant  10  years— bond— conditions.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago  : § 1.  That  permis- 
sion and  authority  are  hereby  granted  to  the  Illinois  Wire  Nail  Co. 
to  construct,  lay  down  and  operate,  for  a period  of  ten  years  from  the 
passage  hereof  (unless  said  permission  and  authority  are  sooner  re- 
voked by  the  city  council),  a private  single  side-track  on  the  south 
side  of  Front  street,  next  to  and  adjoining  lots  1 and  2 in  block  11, 
Wight’s  addition  to  Chicago,  and  to  connect  the  same  by  a single 
switch  track  with  the  main  tracks  of  the  Chicago  & Northwestern 
Railway  Company  on  said  Front  street  at  a point  no  further  east  than 


§ 78i] 


INTER  STATE  COAL  COMPANY. 


1761 


the  east  line  of  said  lot  No.  i;  Provided,  however,  that  the  said 
Illinois  Wire  Nail  Co.  shall  first  execute  a bond  to  the  city  of  Chicago, 
with  good  and  sufficient  sureties,  in  the  penal  sum  of  five  thousand 
($5,000)  dollars,  to  be  approved  by  the  commissioner  of  public  works, 
conditioned  for  the  faithful  performance  by  said  Illinois  Wire  Nail 
Co.  of  all  the  provisions  of  this  ordinance,  and  for  indemnifying  and 
saving  harmless  the  city  of  Chicago  from  all  expenses,  costs  and  dam- 
ages it  may  sustain  by  reason  of  the  construction,  maintenance  or 
operation  of  said  road  and  of  the  exercise  by  said  Illinois  Wire  Nail 
Company  of  the  privileges  herein  granted;  and  provided,  further, 
that  the  privileges  hereby  granted  shall  be  exercised  and  enjoyed  sub- 
ject to  all  railroad  or  other  ordinances  now  in  force  or  which  may 
be  passed  by  the  city  council. 

1 2.  Termination  of  grant— duty  of  grantee.]  § 2.  At  the 

expiration  of  said  ten  years,  or  as  much  sooner  as  the  city  council 
shall  order,  the  said  Illinois  Wire  Nail  Company  shall  cause  said 
tracks  to  be  removed  and,  in  default  thereof,  they  shall  be  removed 
by  the  city  of  Chicago  at  the  expense  of  the  said  Illinois  Wire  Nail 
Company. 

^f  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  and 
take  effect  when  it  shall  have  been  accepted  by  said  Illinois  Wire 
Nail  Company  and  said  bonds  filed  and  approved;  Provided,  said 
acceptance  and  bond  be  filed  within  thirty  days  from  the  passage 
hereof. 


INTER  STATE  COAL  COMPANY. 

fj  § 781.  Inter  State  Coal  company. 

1.  Alley  between  Fullerton  and  Belmont  avenues — bond — repair 
of  alley. 

Tf  2.  Grant  ten  years. 

3.  Modification  or  repeal. 

4.  Removal  of  track  and  restoration  of  alley. 

5.  Acceptance. 

An  ordinance  granting  permission  to  the  Inter  State  Coal  company  to  lay  down 
and  maintain  a switch  track.  (Passed  February  20,  1888.  Accepted  August 
6,  1888.) 

Tf  1.  Alley  between  Fullerton  and  Belmont  avenues — bond — 
repair  of  alley,]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  is  hereby  given  and  granted  to  the 
Inter  State  Coal  Company  to  lay  down,  construct,  maintain  and  operate 
a single  railroad  track,  from  and  connecting  with  the  tracks  of  the 
Chicago,  Evanston  & Lake  Superior  Railway  Company  at  the  south 
line  of  Fullerton  avenue,  thence  in  a southwesterly  direction  across 
111 


1762 


SWITCH  TRACKS PRIVATE. 


[§  78l 


the  alley  between  Fullerton  and  Belden  avenues,  to  a point  333  feet 
from  said  Fullerton  avenue;  Provided,  however,  that  said  Inter  State 
Coal  Company  shall,  before  laying  said  track,  enter  into  a bond  with 
the  city  of  Chicago,  in  the  sum  of  five  thousand  ($5,000)  dollars,  to 
be  approved  by  the  mayor,  to  hold  and  save  the  city  of  Chicago 
harmless  from  all  damages,  costs  and  expenses  whatsoever,  in  con- 
sequence of  the  passage  of  this  ordinance  granting  the  privilege  here- 
inbefore mentioned;  Provided,  further,  that  the  privileges  hereby 
granted  shall  be  subject  in  all  respects  to  all  ordinances  now  in  force 
or  which  may  hereafter  be  passed  concerning  railroads,  and  that  said 
Inter  State  Coal  Company  shall  keep  so  much  of  said  alley  as  shall 
be  occupied  by  said  track  in  such  condition  and  repair  as  it  may  be 
directed  by  the  department  of  public  works ; Provided,  that  said 
track  shall  be  laid  down  and  maintained  under  the  direction  and 
supervision  of  the  department  of  public  works. 

If  2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

If  3.  Modification  or  repeal.]  § 3.  This  ordinance  shall  at 
any  time  before  the  expiration  thereof  be  subject  to  modification, 
amendment  or  repeal  and,  in  case  of  repeal,  all  privileges  hereby 
granted  shall  cease  and  determine. 

If  4.  Removal  of  track  and  restoration  of  alley.]  § 4.  In 
case  of  the  expiration  of  this  ordinance  by  lapse  of  time  or  in  case  of 
repeal,  said  Inter  State  Coal  Company  shall,  at  its  own  expense,  cause 
said  track  to  be  removed  and  the  part  of  the  alley  so  occupied  by  said 
track  to  be  placed  in  such  repair  and  condition  as  the  department  of 
public  works  may  require;  and  if  the  said  Inter  State  Coal  Company 
shall  fail  to  so  remove  said  tracks  and  so  restore  said  alley  as  herein 
provided,  then  the  city  of  Chicago  may,  within  ten  (10)  days  after 
notice  to  the  said  Inter  State  Coal  Company,  or  its  bondsmen,  re- 
move said  track  and  restore  the  part  of  the  alley  so  occupied  by  said 
track  to  such  condition  as  it  may  elect,  at  the  expense  and  cost  of 
said  Inter  State  Coal  Company,  which  cost  and  expense  said  Inter 
State  Coal  Company  in  accepting  this  ordinance  agrees  to  pay  on 
demand. 

If  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Inter  State  Coal  Com- 
pany. 

Note. — See  amendatory  ordinance  following. 


JONES  & LAUGHLIN. 


1763 


§§  782, 783] 


ELIJAH  C.  HARPOLD  AND  JAMES  P.  SAYERS. 

(Successors  to  Inter  State  Coal  company.) 

§ 782.  Inter  State  Coal  company. — Amendment. 

1.  Amending  ordinance  granting  rights  to  Inter  State  Coal  com- 
pany. 

If  2.  When  in  force. 

An  ordinance  amending  an  ordinance  granting  certain  rights  to  the  Inter  State 
Coal  company,  so  that  same  shall  read  to  “Elijah  C.  Harpold  and  James  P 
Sayers.”  (Passed  July  9,  1888.) 

Tf  1.  Amending  ordinance  granting  rights  to  Inter  State  Coal 
Company.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago? 
§ 1.  That  the  ordinance  passed  February  20,  1888,  be  and  the  same  is 
hereby  amended  that  the  words  and  name  “Inter  State  Coal  Company* 
wherever  the  same  appears  be  stricken  out  and  the  names  “Elijah  C. 
Harpold  and  James  P.  Sayers*  be  inserted. 

2,  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


JONES  & LAUGHLIN. 

§ 783-  Jones  & Laughlin. 

If  1.  Fulton  street — grant  ten  years — bond — modification  or  repeal* 
^f  2.  When  in  force. 

An  ordinance  granting  permission  to  Jones  & Laughlin  to  lay  down  and  operate 
a railroad  track  across  Fulton  street.  (Passed  September  10,  1880.) 

T 1.  Fulton  street— grant  10  years— bond— modification  or 
repeal.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  is  hereby  given  and  granted  to  Jones  & Laughlin 
to  lay  down  and  operate  a railroad  track  over  and  across  Fulton 
street,  from  the  track  now  laid  on  North  Canal  street  operated  by  the 
Pittsburgh,  Ft.  Wayne  & Chicago  and  the  Chicago,  Milwaukee  & 
St.  Paul  Railroad  Companies,  to  the  iron  and  nail  warehouse  between 
Canal,  Lake  and  West  Water  streets,  belonging  to  the  said  Jones  & 
Laughlin,  for  the  period  of  ten  years;  Provided,  that  the  said  Jones 
& Laughlin  shall,  before  laying  said  track,  enter  into  bond  with  said 
city  in  the  sum  of  ten  thousand  dollars,  to  be  approved  by  the  mayor, 
to  hold  and  save  the  city  harmless  from  all  damages,  costs  and  ex- 
penses whatever  in  consequence  of  the  passage  of  this  ordinance, 
and  the  granting  of  the  privilege  herein  mentioned;  and  provided, 
that  said  track  shall  be  laid  down  and  maintained  under  the  direction 
and  supervision  of  the  department  of  public  works;  and  provided,  that 
the  privilege  hereby  granted  shall  be  subject  to  all  ordinances  now 


1764 


SWITCH  TRACKS PRIVATE. 


[§  784 


in  force  concerning  railroads,  or  which  may  be  hereafter  passed;  and 
provided,  that  this  ordinance  shall  at  all  times  be  subject  to  modifica- 
tion, amendment  or  repeal,  and  in  case  of  repeal  all  privileges  hereby 
granted  shall  cease  and  determine. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


KEELEY  BREWING  COMPANY. 

§ 784.  Keeley  Brewing  company. 

If  1.  Route — grant  ten  years, 
if  2.  Bond. 

If  3.  Obstruction  of  alley  prohibited— other  conditions, 
if  4.  Expiration  of  term — duty  of  grantees, 
if  5.  In  effect,  when. 

An  ordinance  authorizing  the  Keeley  Brewing  company  to  lay  down  and  operate 
7"!.  7a  single  side  or  switch  track.  (Passed  July  14,  1893.) 

if  1.  Route — grant  10  years.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  permission  and  authority  are 

hereby  given  to  the  Keeley  Brewing  Company  to  lay  down,  maintain 
and  operate,  for  the  period  of  ten  years  from  and  after  the  passage 
of  this  ordinance,  a single  side  or  switch  track  from  the  tracks  of  the 
Lake  Shore  and  Michigan  Southern  Railroad,  over,  upon  and  across 
the  alley  lying  northeast  of  and  abutting  upon  the  right  of  way  of 
said  railroad  company,  in,  to  and  upon  its  premises  known  as  lots  8, 
9,  10  and  11  in  block  48,  in  South  Chicago. 

If  2.  Bond.]  § 2.  This  ordinance  shall  not  take  effect  until  such 
time  as  said  Keeley  Brewing  Company  shall  make,  execute  and  de- 
liver to  the  city  of  Chicago  a bond,  with  securities  to  be  approved 
by  the  mayor,  in  the  sum  of  ten  thousand  dollars,  conditioned  that 
said  company  will  indemnify  and  save  harmless  the  city  of  Chicago 
from  any  and  all  loss,  damages,  expenses  and  costs  of  every  kind 
and  nature  whatsoever  in  any  way  growing  out  of  the  passage  of 
this  ordinance  or  growing  out  of  the  maintenance  and  use  of  said 
switch  track. 

1 3.  Obstruction  of  alley  prohibited— other  conditions.]  § 3. 

Neither  said  Keeley  Brewing  Company  or  any  other  person  or  cor- 
poration using  said  track  shall  permit  any  cars  to  be  or  remain  mo- 
tionless or  standing  upon  said  side  track  within  the  limits  of  said 
alley.  And  said  alley  shall  at  all  times  be  kept  free  from  cars  and 
unobstructed  for  the  passage  of  the  public,  except  during  such  rea- 
sonable time  as  shall  be  occupied  in  running  cars  from  the  right  of 
way  of  said  railroad  company  to  and  upon  the  premises  of  said  Keeley 


785] 


THOMAS  KELLY. 


1705 


Brewing  Company.  Said  Keeley  Brewing  Company  shall,  also,  keep 
said  crossing  in  a good  and  safe  condition  for  travel  by  the  general 
public  so  that  vehicles  can  pass  at  all  times  and  in  all  directions  over 
said  track.  Said  track  shall  be  so  constructed  that  the  tops  of  the 
rails  shall  not  be  elevated  above  the  general  level  of  the  surface  of  the 
alley  adjacent. 

Upon  any  violation  of  the  requirements  imposed  by  this  section 
this  ordinance  shall  thereupon  cease  to  have  any  force  and  effect,  and 
it  shall  be  the  duty  of  the  commissioner  of  public  works  to  proceed 
to  remove  the  tracks  from  said  alley  and  to  restore  the  same  to  a 
proper  condition  for  public  travel;  and  it  shall  be  competent  for  the 
city  council  at  any  time  after  such  violation  of  this  section  to  entirely 
repeal  and  annul  this  ordinance. 

T 4.  Expiration  of  term — duty  of  grantees.]  § 4.  At  the 

expiration  of  said  period  of  ten  years  it  shall  be  and  is  hereby  made 
the  duty  of  said  Keeley  Brewing  Company  to  remove  said  tracks  and 
to  pave  or  otherwise  improve  the  portion  of  said  alley  theretofore  oc- 
cupied by  said  railroad  tracks,  in  the  same  manner  and  in  as  good 
condition  as  the  portions  of  said  alley  adjacent  thereto. 

If  5.  In  effect,  when.]  § 5.  This  ordinance  shall  be  in  force 
and  effect  as  soon  after  its  passage  as  the  bond  in  section  2 hereof 
required  shall  be  presented  and  approved  by  the  mayor. 


THOMAS  KELLY. 

§ 785.  Thomas  Kelly. 

If  1.  Lockport  street — grant  ten  years — bond. 

^f  2.  When  in  force. 

An  ordinance  granting  permission  to  Thomas  Kelly  to  lay  down  and  maintain  a 
railroad  track.  (Passed  June  26,  1890.) 

1 1.  Lockport  street — grant  10  years — bond,]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  are  hereby  granted  to  Thomas  Kelly  to  lay  down,  main- 
tain and  operate  a railroad  track  from  and  connecting  with  the  tracks 
of  the  Chicago,  Alton  and  St.  Louis  Railroad  Company  at  some  point 
on  the  line  of  said  Chicago,  Alton  and  St.  Louis  Railroad,  between 
Boardman  street  and  Lockport  street,  and  running  thence  south- 
westerly across  Lockport  street  at  some  point  not  exceeding  twenty 
(20)  feet  southeasterly  from  the  southeasterly  line  of  the  right  of  way 
of  said  Chicago.  Alton  and  St.  Louis  Railroad  to  such  point  between 
Lockport  street  and  Western  avenue  boulevard  as  the  said  Thomas 
Kelly  shall  designate,  the  permission  and  authority  hereby  given  to 


1766 


SWITCH  TRACKS — PRIVATE. 


[§  786 


continue  for  ten  (10)  years ; Provided,  however,  that  the  said  Thomas 
Kelly  shall  enter  into  bonds  with  the  said  city  of  Chicago,  to  be  ap- 
proved by  the  commissioner  of  public  works,  in  the  penal  sum  of 
five  thousand  ($5,000)  dollars,  to  hold  and  save  harmless  the  said  city 
of  Chicago  from  all  damages,  costs  and  expenses  whatever  in  any 
way  arising  from  or  growing  out  of  the  privileges  hereby  granted; 
Provided,  further,  that  the  privileges  hereby  granted  shall  be  subject 
fti  all  respects  to  all  ordinances  now  in  force  or  which  may  hereafter 
be!  passed  concerning  railroads ; and  provided,  further,  that  such  tracks 
shall  be  laid  down  and  maintained  under  the  direction  and  supervision 
of  the  department  of  public  works. 

1*  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


KNICKERBOCKER  ICE  COMPANY. 

§ 786.  Knickerbocker  Ice  company. 

TT  1.  Route — bond — street  repair. 

If  2.  Term  ten  years. 

if  3.  Modification  or  repeal. 

if  4.  Removal  of  track,  restoration  of  streets. 

if  5.  Acceptance. 

An  ordinance  granting  permission  to  Knickerbocker  Ice  company  to  lay  down 
“ and  maintain  a switch  track.  (Passed  October  24,^1887.) 

If  1.  Route — bond — street  repair.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  is  hereby 

given  and  granted  to  the  Knickerbocker  Ice  Company  to  lay  down, 
construct,  maintain  and  operate  a single  railroad  track,  from  and  con- 
necting with  the  tracks  of  the  Pittsburgh,  Ft.  Wayne  and  Chicago 
Railroad  Company,  on  Stewart  avenue,  at  a point  (150  feet)  one  hun- 
dred and  fifty  feet  north  of  the  north  line  of  Elgin  street,  thence  in  a 
southeasterly  direction  to  the  south  line  of  Elgin  street  at  its  inter- 
section with  the  east  line  of  Stewart  avenue;  Provided,  however, 
that  said  Knickerbocker  Ice  Company  shall,  before  laying  said  track, 
enter  into  a bond  with  the  city  of  Chicago,  in  the  sum  of  five  thou- 
sand ($5,000)  dollars,  to  be  approved  by  the  mayor,  to  hold  and  save 
the  city  of  Chicago  harmless  from  all  damages,  costs  and  expenses 
whatsoever,  in  consequence  of  the  passage  of  this  ordinance,  grant- 
ing the  privilege  hereinbefore  mentioned. 

Provided,  further,  that  the  privileges  hereby  granted  shall  be  sub- 
ject in  all  respects  to  all  ordinances  now  in  force  or  which  may  here- 
after be  passed  concerning  railroads,  and  that  said  Knickerbocker  Ice 
Company  shall  keep  so  much  of  said  Stewart  avenue  and  Elgin  street, 


§ 787] 


P.  E.  LANE. 


1767 


as  shall  be  occupied  by  said  track,  in  such  condition  and  repair  as  it 
may  be  directed  by  the  department  of  public  works;  Provided,  that 
said  track  shall  be  laid  down  and  maintained  under  the  direction  and 
supervision  of  the  department  of  public  works. 

1"  2.  Term  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

IT  3.  Modification  or  repeal.]  § 3.  This  ordinance  shall  at 
any  time  before  the  expiration  thereof  be  subject  to  modification, 
amendment  or  repeal,  and  in  case  of  repeal  all  privileges  hereby 
granted  shall  cease  and  determine. 

f 4.  Removal  of  track— restoration  of  streets.]  § 4.  In  case 
of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of 
repeal,  said  Knickerbocker  Ice  Company  shall,  at  its  own  expense, 
cause  said  track  to  be  removed  and  the  part  of  the  streets  so  occu- 
pied by  said  track  to  be  placed  in  such  repair  and  condition  as  the 
department  of  public  works  may  require;  and  if  the  said  Knicker- 
bocker Ice  Company  shall  fail  to  so  remove  said  track  and  so  restore 
said  streets  as  herein  provided,  then  the  city  of  Chicago  may,  within 
ten  (10)  days  after  notice  to  the  said  Knickerbocker  Ice  Company,  or 
its  bondsmen,  remove  said  track  and  restore  the  part  of  the  street 
so  occupied  by  said  track  to  such  condition  as  it  may  elect,  at  the 
expense  and  cost  of  said  Knickerbocker  Ice  Company,  which  cost 
and  expense  said  Knickerbocker  Ice  Company  in  accepting  this  ordi- 
nance agrees  to  pay  on  demand. 

1"  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Knickerbocker  Ice  Com- 
pany. 


P.  E.  LANE. 

§ 787.  P.  E.  Lane. 

TT  1.  Permission  to  extend — conditions  as  to  track  and  repair  of  alley* 
T1  2.  Bond — power  to  repeal. 

An  ordinance  granting  permission  to  P.  E.  Lane  to  extend  his'  side  track. 

(Passed  July  28,  1890.  Accepted  August  16,  1890.)  *"* 

1 1.  Permission  to  extend — conditions  as  to  track  and  repair 
of  alley.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  is  hereby  given  and  granted  to  P.  E.  Lane  to 
extend  his  side-track  at  the  bridge  and  iron  works  at  57th  street  and 
Stewart  avenue,  from  the  point  at  the  end  of  said  tracks  in  the  alley 
between  57th  street  and  Rosanmerkle  street,  thence  to  extend  one 
hundred  (100)  feet  west  along  the  side  and  across  said  alley,  said 


1768 


SWITCH  TRACKS PRIVATE. 


[§  788 


extension  to  begin  one  hundred  and  thirty  (130)  feet  west  of  the  west 
line  of  Stewart  avenue,  in  accordance  with  the  plat  hereto  attached; 
Provided,  the  said  track  shall  be  laid  down  and  maintained  under  the 
supervision  of  the  commissioner  of  public  works;  and  provided, 
further,  that  said  P.  E.  Lane,  his  successors  and  assigns,  shall  keep 
said  portion  of  said  alley  as  shall  be  occupied  by  said  track  in  good 
condition  and  repair,  as  they  may  be  directed,  from  time  to  time,  by 
the  commissioner  of  public  works. 

If  2.  Bond — power  to  repeal.]  § 2.  The  rights  and  privileges 
herein  granted  are  upon  the  further  condition  that  P.  E.  Lane  shall 
give  a good  and  sufficient  bond  to  the  city  of  Chicago,  to  be  approved 
by  the  mayor,  within  twenty  (20)  days  from  the  passage  hereof,  in 
the  sum  of  five  thousand  ($5,000)  dollars,  conditioned  to  comply  with 
the  provisions  of  this  ordinance  and  the  general  ordinances  now  in 
force  or  that  may  hereafter  be  passed,  and  also  to  save  and  keep  harm- 
less and  indemnify  the  said  city  of  Chicago  from  all  damages,  costs 
and  expenses  which  may  accrue,  or  that  may  in  any  way  arise  or 
grow  out  of  the  privileges  hereby  granted;  and  said  rights  are  granted 
upon  the  further  express  condition  that  the  city  of  Chicago  may  at 
any  time  repeal  this  ordinance. 

T 3.  In  effect.]  § 3.  This  ordinance  shall  be  in  force  and  take 
effect  from  and  after  its  passage. 


MILWAUKEE  & ST.  PAUL  RAILWAY  COMPANY. 

§ 788.  Milwaukee  & St.  Paul  Railway  company. 

1.  Clybourn  avenue. 

2.  Tracks,  how  laid. 

% 3.  Paving — repair. 

4.  Subject  to  ordinances  and  to  repeal. 

An  ordinance  granting  permission  to  the  Chicago,  Milwaukee  & St.  Paul  Rail- 
way company,  in  the  town  of  Lake  View,  to  construct  a side  track  to  bridge 
works  of  M.  Lassig.  (Passed  and  approved  August  2,  1886.) 

Tf  1.  Clybourn  avenue.]  Be  it  ordained  by  the  board  of  tni»- 
tees  of  the  town  of  Lake  View:  § 1.  That  permission  and  authority 

be  and  the  same  are  hereby  granted  to  the  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company,  to  lay  down,  construct,  maintain  and  op- 
erate a railroad  track  across  and  upon  Clybourn  avenue  at  or  near 
the  intersection  of  Wrightwood  avenue,  in  the  town  of  Lake  View, 
running  from  the  main  tracks  of  said  railroad  company  to  the  premises 
occupied  by  the  bridge  works  of  M.  Lassig. 

2.  Tracks — bow  laid.]  § 2.  The  said  tracks  shall  be  laid 


789] 


MORITZ  LASSIG. 


1769 


down  and  maintained  under  the  direction  and  supervision  of  the  su- 
perintendent of  public  works  of  this  town,  and  shall  not  be  elevated  in 
said  avenue  above  the  surface  of  the  streets  and  shall  be  laid  in  modern 
improved  rails  in  such  manner  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  the  same  at  all  points  and  in  all  directions  with- 
out obstruction. 

T 3.  Paving — repair.]  § 3.  The  said  company  as  to  the  part  of 
said  avenue  upon  which  its  said  track  may  be  laid  shall  keep  eight 
feet  in  width  in  good  condition  and  repair  during  all  the  time  to  which 
the  privileges  hereby  granted  shall  extend  in  accordance  with  what- 
ever order,  ordinance  or  regulation  may  be  passed  or  adopted  by  the 
board  of  trustees  of  the  town  of  Lake  View  in  relation  to  such  repair; 
and  if  the  said  company  shall  refuse  or  fail  so  to  do  the  same  may 
be  done  by  the  town,  and  the  company  shall  be  liable  to  the  town  for 
cost  thereof. 

f 4.  Subject  to  ordinances  and  to  repeal.]  § 4.  The  priv- 
ileges hereby  granted  shall  be  subject  to  all  ordinances  concerning 
railroads  or  which  may  hereafter  be  passed,  and  are  granted  upon  the 
express  condition  that  the  board  of  trustees  may  at  any  time  repeal 
this  ordinance. 


MORITZ  LASSIG. 

§ 789.  Moritz  Lassig. 

TT  1.  Diversey  street. 

Hi"  2.  Alley  north  of  lot  32,  block  1,  manufacturers’  addition. 

3.  Grade — vehicles  may  cross. 

i 4.  Repair  of  crossings — failure  to. 

H[  5.  Sixteen  feet  of  alley  to  be  kept  clear. 

H[  6.  Bond. 

Hi  7-  Subject  to  ordinances — repeal  or  modification. 

Hi  8.  Repeal  of  ordinances  granted  to  C.  & N.  W.  Ry.  Co. 

An  ordinance  granting  to  Moritz  Lassig  a right  of  way  across  Diversey  street 
and  an  alley  south,  to  accommodate  his  bridge  works.  (Passed  December  5, 
1887.  Approved  December  10,  1887.) 

T 1.  Diversey  street.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Lake  View:  § 1.  That  permission  and  authority  be,  and  the 

same  is  hereby  granted,  to  Moritz  Lassig,  his  heirs,  executors,  admin- 
istrators and  assigns,  to  lay  down,  construct,  maintain  and  operate  a 
single  railway  track  upon  Diversey  street,  the  center  line  of  which 
track  shall  begin  at  a point  in  the  north  line  of  Diversey  street,  two 
hundred  and  fifty-one  (251)  feet  west  of  the  northwest  corner  of  said 
Diversey  street,  and  in  the  right  of  way  of  the  Chicago  and  North- 
112 


1770 


SWITCH  TRACKS PRIVATE. 


[§  789 


western  Railway  Company,  and  extend  southwesterly  to  a point  in  the 
south  line  of  the  said  street  two  hundred  and  seventy-nine  (279)  feet 
west  of  the  southwest  comer  of  said  street  and  the  said  right  of  way. 

T 2.  Alley  north  of  lot  32,  block  1,  Manufacturers’  addi- 
tion.] § 2 Said  Moritz  Lassig,  his  heirs,  executors,  administrators 
or  assigns,  is  also  hereby  granted  permission  and  authority  to  lay 
down,,  construct,  maintain  and  operate  a railroad  track  on  the  alley 
north  of  lot  thirty-two  (32),  in  block  1,  in  Manufacturers’  addition  to 
Chicago,  southeast  quarter,  section  30,  township  40  north,  range  14, 
east  of  the  third  principal  meridian,  the  center  line  of  which  track  shall 
begin  at  a point  in  the  north  line  of  said  alley  two  hundred  and  sixty- 
eight  (268)  feet  west  of  the  west  line  of  the  right  of  way  of  the  said 
railway  company,  and  extend  southeasterly  to  a point  in  the  east  line 
of  the  alley  east  of  the  said  lot  32,  thirty  (30)  feet  south  of  the  north- 
east comer  of  said  two  alleys. 

13.  Grade— vehicles  may  cross.]  § 3.  The  said  tracks  shall 
be  laid  down  and  maintained  under  the  direction  and  supervision  of 
the  commissioner  of  public  works  of  this  city,  and  shall  not  be  elevated 
in  said  street  or  alley  above  the  surface  thereof,  and  shall  be  laid  with 
modem  improved  rails,  in  such  manner  that  carriages  and  other  ve- 
hicles can  easily  and  freely  cross  the  same  at  all  points  and  in  all  di- 
rections without  obstruction. 

f 4.  Repair  of  crossings — failure  to.]  § 4.  The  said  Lassig, 
his  heirs,  executors,  administrators  or  assigns,  shall  construct,  main- 
tain and  keep  in  good  condition  and  repair  the  crossings  of  the  said 
track  on  Diversey  street,  during  all  the  time  the  privileges  hereby 
granted  shall  extend,  in  accordance  with  whatever  order,  ordinance 
or  regulation  now  in  force  or  which  may  hereafter  be  adopted  by  the 
city  council  of  the  city  of  Lake  View,  in  relation  to  such  repair,  and 
if  the  said  Lassig,  his  heirs,  executors,  administrators  or  assigns,  shall 
refuse  or  fail  so  to  do  the  same  may  be  done  by  the  said  city,  and  the 
said  Moritz  Lassig  his  heirs,  executors,  administrators  or  assigns, 
shall  be  liable  to  the  city  for  the  cost  thereof. 

1 5.  Sixteen  feet  of  alley  to  be  kept  clear.]  § 5.  The 
permission  and  authority  hereby  granted  are  upon  the  express  condi- 
tion that  the  said  Lassig,  his  heirs,  administrators,  executors  or  as- 
signs, shall  at  all  times  keep  and  maintain  an  area  of  at  least  sixteen 
feet  in  width  westerly  of  the  said  track  where  the  same  extends  across 
or  along  the  said  alley,  free  and  clear  of  its  tracks,  to  the  end  that  the 
width  of  the  said  alley  for  the  purposes  of  public  use  may  not  be 
diminished  or  impaired. 

1"  6.  Bond.]  § 6.  This  permission  or  grant  is  made  upon  the 
further  condition  that  said  Moritz  Lassig,  his  heirs,  executors,  admin- 
istrators or  assigns,  shall  keep  and  save  the  city  of  Lake  View  harm- 
less from  all  damages,  costs  and  expenses  whatsoever  arising  out  of 


§ 7 9°] 


A.  A.  LIBBY,  JR. 


1771 


the  use  and  acceptance  of  the  privileges  hereby  granted,  and  said 
Moritz  Lassig  shall  give  a bond  with  one  or  more  sureties  to  be  ap- 
proved by  the  mayor  in  the  penal  sum  of  five  thousand  dollars,  for  the 
fulfillment  of  the  conditions  of  this  grant  or  permission. 

f 7.  Subject  to  ordinances— repeal  or  modification.]  § 7. 
This  permission  is  granted  subject  to  all  general  ordinances  concern- 
ing railroads  now  in  force  or  that  may  hereafter  be  passed,  and  upon 
the  express  further  condition  that  the  city  council  may  at  any  time 
repeal  or  modify  this  ordinance. 

f 8.  Repeal  of  ordinance  granted  to  C.  & N.  W.  Railway 
Co.]  § 8.  An  ordinance  entitled  “An  ordinance  granting  to  the  Chi- 
cago and  Northwestern  Railway  Company  right  of  way  across  Diver- 
sey  street  and  an  alley  south  to  accommodate  M.  Lassig’s  Bridge 
Works,”  adopted  August  22nd,  1887,  is  hereby  repealed. 


A.  A.  LIBBY,  JR. 

§ 790  A.  A.  Libby,  Jr. 

U 1.  Haynes  court  and  an  alley. 

2.  In  effect,  when. 

An  ordinance  granting  permission  to  A.  A.  Libby,  Jr.,  to  laydown,  construct, 
maintain  and  operate  a railroad  track  across  Haynes  court  and  in,  along  and 
upon  a certain  alley  in  south  part  of  original  lot  2,  block  19,  canal  trustees* 
subdivision,  S.  Frac.  section  29,  T.  29,  R.  14  E.,  to  north  line  of  Short 
street  (Passed  April  7,  1892.)  ^ 

If  1.  Haynes  court  and  an  alley.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

is  hereby  granted  to  A.  A.  Libby,  Jr.,  to  lay  down,  construct,  main- 
tain and  operate  a railroad  track  over  and  across  the  street  known  as 
Haynes  court  and  from  thence  in,  upon  and  along  a certain  alley  in  the 
south  part  of  original  lot  2,  block  19,  Canal  Trustees’  subdivision  of 
south  fractional  section  29,  township  39  north,  range  14  east,  to  north 
line  of  Fuller  street.  Said  track  to  be  laid  down  and  maintained  un- 
der the  direction  and  supervision  of  the  department  of  public  works; 
Provided,  that  the  privilege  hereby  granted  shall  be  subject  to  all 
ordinances  now  in  force  concerning  railroads  or  which  may  be  here- 
after passed. 

T 2.  In  effect,  when.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


1772 


SWITCH  TRACKS PRIVATE. 


THOMAS  LYNCH. 

§ 791.  Thomas  Lynch. 

1.  Hawthorne  avenue — ten  years — bond, 
if  2.  Condition  as  to  track. 

3.  Expiration  of  grant — duty  of  lessee. 

4.  Acceptance. 

An  ordinance  authorizing  Thomas  Lynch  to  lay  down  and  operate  a single"side 
^ track.  (Passed  July  7,  1890.) 

If  1.  Hawthorne  avenue — ten  years — bond.]  Be  it  ordained 

by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  are  hereby  granted  to  Thomas  Lynch  to  construct,  lay  down 
and  operate,  for  a period  of  ten  years  from  the  passage  hereof  (unless 
said  permission  and  authority  are  sooner  revoked  by  the  city  council), 
private  single  side  track  on  the  west  side  of  Hawthorne  avenue  next 
to  and  adjoining  lots  one  (1),  two  (2),  three  (3),  four  (4)  and  five  (5), 
in  block  ninety-five  (95),  in  Elston’s  addition  to  Chicago  and  to  con- 
nect the  same  by  a single  switch  track  with  the  main  tracks  of  the 
Chicago,  Evanston  and  Lake  Superior  Railway  Company  on  said 
Hawthorne  avenue  at  a point  no  further  north  than  the  north  line  of 
said  lot  one  (1);  Provided,  however,  that  the  said  Lynch  shall  first  exe- 
cute a bond  to  the  city  of  Chicago,  with  good  and  sufficient  sureties, 
in  the  penal  sum  of  ten  thousand  ($10,000)  dollars,  to  be  approved  by 
the  commissioner  of  public  works,  conditioned  for  the  faithful  per- 
formance by  said  Lynch  of  all  the  provisions  of  this  ordinance  and 
for  indemnifying  and  saving  harmless  the  city  of  Chicago  from  all 
expenses,  costs  and  damages  it  may  sustain  by  reason  of  the  con- 
struction, maintenance  or  operation  of  said  road  and  of  the  exercise 
by  said  Lynch  of  the  privileges  herein  granted ; and,  provided,  further, 
that  the  privileges  hereby  granted  shall  be  exercised  and  enjoyed  sub- 
ject to  all  railroad  or  other  ordinances  now  in  force  or  which  may  here- 
after be  passed  by  the  city  council. 

1 2.  Condition  as  to  track.]  § 2.  Said  tracks  shall  be  laid 
down  and  maintained  under  the  direction  of  the  commissioner  of  pub- 
lic works  and  in  such  manner  as  to  interfere  as  little  as  possible  with 
the  use  of  said  Hawthorne  avenue  and  the  space  between  said  tracks 
shall  be  planked  so  as  to  allow  the  free  passage  of  teams  and  vehicles 
along  and  over  the  same  at  all  times. 

1 3.  Expiration  of  grant— duty  of  lessee.]  § 3.  At  the 
expiration  of  said  ten  years,  or  as  much  sooner  as  the  city  council  shall 
order,  the  said  Lynch  shall  cause  said  tracks  to  be  removed  and  in 
default  thereof  they  shall  be  removed  by  the  city  of  Chicago,  at  thfe 
expense  of  said  Lynch. 

h 4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  and 
take  effect  when  it  shall  have  been  accepted  by  said  Lynch  and  said 
bond  filed  and  approved;  Provided  said  acceptance  and  bond  be  filed 
within  thirty  days  from  the  passage  thereof. 


THOMAS  R.  LYON. 


1773 


§ 792] 


THOMAS  R.  LYON. 


§792.  Thomas  R.  Lyon. 

1.  Fortieth  street. 

2.  Grade  of  tracks — bond. 

3.  Grant  ten  years. 

4.  Provision  as  to  elevation. 

5.  Ordinance  construed. 

: Tf  6.  When  in  force. 


An  ordinance  for  switch  track  across  Fortieth  street,  between  Wabash  avenue 
and  State  street.  (Passed  April  8,  1897.  Accepted  April  15,  l897,J>y  the 
South  Side  Elevated  Railroad  company  as  lessee. ) 


If  1.  Fortieth  street.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  a right  of  way  be,  and  the  same  is  here- 

by granted,  for  the  period  of  ten  years  from  the  passage  of  this  ordi- 
nance, to  Thomas  R.  Lyon,  his  lessees  and  assigns,  to  lay  down  and 
operate  a switch  track  on  40th  street,  between  Wabash  avenue  and 
State  street,  to  connect  the  railroad  tracks  now  on  40th  street  with 
lots  13,  14  and  15,  in  block  3,  of  Prior  & Hopkins’  subdivision  of  west 
half  of  northwest  quarter  of  section  3,  township  38  N.,  R.  14,  east  of  the 
third  principal  meridian. 

Tf  2.  Grade  of  tracks— bond.]  § 2.  That  said  railroad  track, 

when  laid,,  as  provided  in  section  1,  shall  be  on  a grade  with  the  tracks 
of  said  railroad  now  located  on  said  40th  street ; and  before  laying  said 
switch  track,  said  Lyon,  his  lessees  or  assigns,  shall  furnish  to  the  city 
of  Chicago  a bond,  to  be  approved  by  the  mayor,  in  the  penal  sum  of 
$5,000,  to  be  conditioned  to  save  the  said  city  harmless  from  all  dam- 
ages which  may  arise,  or  grow  out  of  the  privileges  hereby  granted, 
or  out  of  the  laying  or  operating  of  said  switch  track. 

If  3.  Grant  ten  years.]  § 3.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 


IT  4.  Provision  as  to  elevation.]  § 4.  The  permission  and 
authority  hereby  granted  are  upon  the  express  agreement  and  under- 
standing that  if  within  said  ten  years  said  main  tracks  on  said  40th 
street,  with  which  said  switch  is  to  connect,  shall  be  elevated,  then  said 
Lyon,  his  lessees  or  assigns,  shall  and  will  either  surrender  and  aban- 
don said  switch  or  will  at  their  own  expense  elevate  the  same  to  the 
level  of  said  main  tracks,  and  will  in  such  case  keep  the  roadway  under 
said  switch  clear  and  free  (except  of  the  necessary  supporting  columns) 
for  passage  of  the  public;  and  further,  that  said  switch  shall  be  used, 
not  for  general  business  purposes,  but  only  for  the  delivery  of  coal  and 
fuel  to  and  for  the  buildings,  and  plant  to  be  located  on  said  parcels  of 
land. 


T 5.  Ordinance  construed.]  § 5.  Nothing  in  this  ordinance 
contained  shall  be  construed  as  confirming,  recognizing  or  in  any 
wise  affecting  the  right  or  claim  of  right  on  the  part  of  any  person 


1774 


SWITCH  TRACKS PRIVATE. 


[§  793 


or  company  to  maintain  or  operate  said  railroad  tracks  in  said  40th 
street;  and  said  switch  track  shall  be  removed  if  and  whenever  said 
railroad  tracks  in  said  40th  street  shall  be  required  by  any  competent 
authority  to  be  removed. 

If  6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


McCORMICK  HARVESTING  MACHINE  COMPANY. 

§ 793.  McCormick  Harvesting  Machine  company. 

IT  1.  Western  avenue  and  Twenty-sixth  street — bond — cars  not  to 
stand. 

IT  2.  Grant  ten  years. 

If  3.  Removal — restoration  of  streets. 

4.  Acceptance. 

An  ordinance  authorizing  the  McCormick  Harvesting  Machine  company  to  con- 
bb*-'”  “.‘^struct  and  operate  a railroad  track.  (Passed  April  30,  1888. ) 

“1  1.  Western  avenue  and  Twenty-sixth  street— bond— cars 
not  to  stand.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  be  and  is  hereby  granted  to  the 
McCormick  Harvesting  Machine  Company,  and  its  successors  and 
assigns,  to  lay  down,  construct,  maintain  and  operate  a railroad  track, 
to  connect  the  premises  now  occupied  by  said  company  at  and  near 
the  corner  of  Western  avenue  and  Twenty-sixth  street  with  the  rail- 
road track  of  the  Atchison,  Topeka  & Santa  Fe  Railroad  Company 
in  Chicago  now  existing  in  and  along  26th  street.  Said  track  shall 
cross  Western  avenue  immediately  south  of  the  existing  track  of  the 
Chicago,  Burlington  & Quincy  Railroad  Company,  and  shall  connect 
with  the  track  of  said  Atchison,  Topeka  & Santa  Fe  Railroad  Com- 
pany in  Chicago,  in  Twenty-sixth  street,  at  a point  not  more  than  three 
hundred  (300)  feet  west  of  the  west  line  of  Western  avenue  ; Provided, 
however,  that  within  thirty  days  after  the  approval  of  this  ordinance 
and  before  any  track  shall  be  laid  under  the  authority  hereby  conferred, 
the  said  McCormick  Harvesting  Machine  Company  shall  enter  into 
a bond  to  the  city,  in  the  sum  of  ten  thousand  dollars,  with  security 
to  be  approved  by  the  mayor,  to  indemnify  and  save  harmless  the 
city  from  all  damages,  costs  and  expenses  whatsoever  in  consequence 
of  the  passage  of  this  ordinance,  or  the  laying,  maintaining  or  operat- 
ing said  track  and  provided,  further,  that  the  privilege  hereby  granted 
shall  be  subject  in  all  respects  to  all  ordinances  now  in  force,  or  which 
may  hereafter  be  passed,  concerning  railroads,  and  that  said  McCor- 
mick Harvesting  Machine  Company  and  its  successors  shall  keep 
such  portion  of  Western  avenue  and  Twenty-sixth  street  as  shall  be 


794] 


FERDINAND  MACCULLOCH  AND  OTHERS. 


1775 


occupied  by  said  track  in  such  condition  and  repair  as  may  be  directed 
by  the  department  of  public  works  of  said  city.  No  cars  shall  be  per- 
mitted to  stand  on  the  streets,  nor  shall  any  cars  be  unloaded  or 
loaded  upon  the  streets  occupied  by  said  track;  Provided,  that  said 
track  shall  be  laid  down  and  maintained  under  the  direction  and  super- 
vision of  the  department  of  public  works. 

T 2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof,  and  this  ordinance  shall  at  any  time  before 
the  expiration  thereof  be  subject  to  modification,  amendment  or  repeal, 
and  in  case  of  repeal  all  privileges  hereby  granted  shall  cease  and 
determine. 

1*  3.  Removal— restoration  of  streets.]  § 3.  In  case  of  the 
expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of  repeal, 
said  McCormick  Harvesting  Machine  Company  shall,  at  its  own  ex- 
pense, cause  said  track  to  be  removed  and  the  part  of  the  streets 
90  occupied  by  said  track  to  be  placed  in  such  repair  and  condition 
as  the  department  of  public  works  may  require;  and  if  the  said  McCor- 
mick Harvesting  Machine  Company  shall  fail  to  so  remove  said  track 
and  so  restore  said  streets  as  herein  provided,  then  the  city  of  Chicago 
may,  within  ten  (10)  days  after  notice  to  the  said  McCormick  Har- 
vesting Machine  Company,  or  its  bondsmen,  remove  said  track  and 
restore  the  part  of  the  street  so  occupied  by  said  track  to  such  con- 
dition as  it  may  elect,  at  the  expense  and  cost  of  said  McCormick 
Harvesting  Machine  Company,  which  cost  and  expense  said  McCor- 
mick Harvesting  Machine  Company  in  accepting  this  ordinance  agrees 
to  pay  on  demand. 

1 4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  McCormick  Harvesting 
Machine  Company. 


FERDINAND  MACCULLOCH  AND  OTHERS. 

§ 794.  Ferdinand  MacCulloch  and  others. 

IT  1.  Main  street  near  Cologne  street— planking  roadway— bond. 

2.  When  in  force. 

An  ordinance  granting  permission  to’ MacCulloch  and  otheis  to  construct  certain 
tracks.  (Passed  March  22,  1880.) 

IT  1.  Main  street,  near  Cologne  street — planking  roadway — 
bond.]  Be  it  ordained  by  the  common  council  of  the  city  of  Chi- 
cago: § 1.  That  permission  is  hereby  granted  to  Ferdinand  Mac- 
Culloch, Elizabeth  Bryer,  W.  H.  Mitchell,  John  J.  Mitchell,  Benjamin 


1776 


SWITCH  TRACKS PRIVATE. 


[§§  795,  796 


E.  Galup,  Frances  B.  Peabody  and  the  National  Life  Insurance  Com- 
pany of  Vermont,  to  lay  down  and  maintain  for  a period  of  ten  years 
a railroad  track  across  Main  street,  at  a point  northerly  of  and  near 
Cologne  street;  Provided,  the  same  be  laid  down  and  maintained 
under  the  direction  and  supervision  of  the  department  of  public  works; 
and  provided,  that  said  grantees  shall  plank  and  keep  planked,  and 
in  good  condition,  the  roadway  between  the  rails;  and  provided,  that 
said  grantees  shall  first  execute  a bond  to  the  city  of  Chicago  in  the 
penal  sum  of  five  thousand  dollars,  conditioned  to  save  the  city  harm- 
less from  all  costs,  damages  and  expenses  in  consequence  of  the 
passing  of  this  ordinance,  said  bond  to  be  approved  by  the  mayor; 
and  provided,  further,  that  the  privilege  hereby  granted  shall  be  sub- 
ject to  all  ordinances  now  in  force  or  which  may  be  hereafter  passed 
regulating  railroads. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  ordinance  following  for  extension  of  grant. 

§ 795.  Ferdinand  MacCulloch  and  others. 

^ 1.  Extension  ten  years. 

2.  In  effect. 

An  ordinance  extending  the  grant  ot  switch  track  privileges  to  Ferdinand  Mac- 
Culloch and  others  of  March  22,  1880.  (Passed  December  22,  1893.) 

1.  Extension  10  years.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  the  rights  and  privileges  granted 
and  conferred  to  Ferdinand  MacCulloch,  Elizabeth  Bryer,  W.  H. 
Mitchell,  August  Gindelle,  Benjamin  E.  Galup,  Francis  B.  Peabody 
and  the  National  Life  Insurance  Company  of  Vermont  to  lay  down 
and  maintain,  for  a period ‘of  ten  years,  a railroad  track  across  Main 
street  and  Deering  street,  at  a point  northerly  of  and  near  Cologne 
street,  by  ordinance  passed  by  the  city  council  of  the  city  of  Chicago, 
March  twenty-second,  1880,  be  and  the  same  are  hereby  extended  for 
the  further  period  of  ten  years.  This  extension  is  granted  under  the 
same  conditions  as  in  said  ordinance  expressed. 

T 2.  In  effect.]  § 2.  This  ordinance  shall  be  in  force  from  and 
after  its  passage 


MICHAEL  C.  MCDONALD 

§ 796.  Michael  C.  McDonald. 

1.  Harrison  street. 

2.  Compliance  with  ordinances. 

3.  Bond. 

*J[  4.  When  in  force. 


797] 


WILLIAM  MCGREGOR  COMPANY. 


1777 


An^ordinance  granting  permission  to  Michael  C.  McDonald  to  lay  down  and 
operate  a switch  track  from  the  terminus  of  the  Wisconsin  Central  railroad, 
in  block  88,  school  section  addition  to  Chicago,  to  connect  with  the  property 
] in  block  89  in  same  addition.  (Passed  February  24,  1896.) 

IF  1.  Harrison  street.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  are 

hereby  granted  to  Michael  C.  McDonald,  his  successors,  heirs  and 
assigns,  to  lay  down  and  operate,  for  the  period  of  ten  years,  a single 
railroad  track  across  Harrison  street,  at  a point  not  over  fifty  (50)  feet 
east  of  the  eastern  abutment  of  the  bridge  over  the  river,  said  track 
running  from  block  eight-eight  (88)  in  School  Section  addition  to 
Chicago,  to  the  property  in  block  eighty-nine  (89)  in  same  addition, 
both  being  in  section  sixteen  (16),  township  39  north,  range  14,  east 
of  the  third  principal  meridian. 

. 1 2.  Compliance  with  ordinances.]  § 2.  The  said  Michael 

C.  McDonald  shall  lay  and  maintain  such  track  under  the  supervision 
of  the  commissioner  of  public  works  of  the  city  of  Chicago,  and  shall, 
in  all  respects,  comply  with  the  ordinances  of  said  city. 

1"  3.  Bond.]  § 3.  This  permission  and  authority  is  granted  the 
said  Michael  C.  McDonald  upon  the  condition  that  he  shall  give  a 
bond  of  five  thousand  ($5,000)  dollars,  with  good  and  sufficient  surety, 
to  be  approved  by  the  mayor,  conditioned  to  keep  the  city  of  Chicago 
harmless  of  and  from  all  damages  whatsoever  arising  from  this 
grant 

IF  4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 


WILLIAM  McGREGOR  COMPANY. 

§ 797.  William  McGregor  company. 

If  1.  Route — bond.  " 

2.  Grant  ten  years. 

3.  Acceptance.^.] 

An  ordinance  authorizing  William  McGregor  company  to  construct  and  operate 
a single  railroad  track.  (Passed  March,  ib,  1891.  Accepted  April  13,  1891.) 

f 1,  Route — bond.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  are  hereby 

granted  to  the  William  McGregor  Company,  a corporation  organized 
under  the  laws  of  the  state  of  Illinois,  to  lay  down,  maintain  and  op- 
erate a single  railroad  track,  from  the  northeast  corner  of  lot  six  (6) 
in  block  three  (3)  in  James  Morgan’s  subdivision  of  part  of  the  east 
thirty-three  (33)  acres  of  the  south  half  of  the  south-east  quarter  of 
section  twelve  (12),  township  thirty-nine  (39),  range  thirteen  (13)  east 


1778 


SWITCH  TRACKS PRIVATE. 


[§  798 


of  the  third  principal  meridian,  in  the  city  of  Chicago,  extending 
thence,  in  a northeasterly  direction,  to  and  connecting  with  the  tracks 
of  the  Chicago  and  Northwestern  Railway  Company  at  the  west  line 
of  Francisco  street,  extended,  and  crossing  all  intervening  streets  and 
alleys;  Provided,  however,  that  the  said  William  McGregor  Company 
shall,  before  laying  said  track,  enter  into  a bond  with  the  city  of  Chi- 
cago, in  the  sum  of  ten  thousand  ($10,000)  dollars,  to  be  approved 
by  the  mayor,  conditioned  to  indemnify  and  save  harmless  the  city 
of  Chicago  from  all  damages,  costs  and  expenses  that  may  accrue 
in  consequence  of  the  passage  of  this  ordinance  or  that  may  in  any 
way  grow  out  of  the  exercise  of  the  privileges  hereby  granted;  and 
provided,  further,  that  said  track  shall  be  laid  down  and  maintained 
under  the  direction  and  supervision  of  the  department  of  public 
works  and  provided,  further,  that  the  privileges  hereby  granted  shall 
be  subject  to  all  ordinances  now  in  force  or  which  may  hereafter  be  • 
passed  concerning  railroads. 

If  2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof.  And  this  ordinance  shall,  at  any  time  before 
the  expiration  of  said  period  of  ten  (10)  years,  be  subject  to  modifica- 
tion, amendment  or  repeal;  and  in  case  of  repeal  all  privileges  hereby 
granted  shall  cease  and  determine. 

3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  the  said  William  McGregor 
Company  and  the  filing  of  its  bond  as  aforesaid;  such  acceptance  and 
bond  to  be  filed  within  thirty  (30)  days  after  the  passage  hereof. 


MAHLA  & CHAPPELL. 

§ 798.  Mahla  & Chappell. 

1[  1.  Route— bond — repair  of  streets. 

Tf  2.  Term  ten  years. 

if  3.  Modification  or  amendment. 

if  4.  Removal — failure  to  remove  after  notice, 

if  5.  Acceptance. 

An  ordinance  granting  permission  to  Mahla  & Chappell  to  lay  down  and  main- 
tain a single  railroad  track  in  Stewart  avenue  and  Elgin  street.  (Passed 
December  16,  1887.) 

T 1.  Route— bond— repair  of  streets.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  is  hereby 
given  and  granted  to  Mahla  and  Chappell  to  lay  down,  construct, 
maintain  and  operate  a single  railroad  track  from  and  connecting 
with  the  tracks  of  the  Pittsburgh,  Fort  Wayne  and  Chicago  Railroad 


§ 799] 


MAHLA  & CHAPPELL. 


1779 


Company  on  Stewart  avenue,  at  a point  one  hundred  and  fifty  (150) 
feet  south  of  the  south  line  of  Elgin  street;  thence  in  a northeasterly 
direction  to  the  north  line  of  Elgin  street,  extended;  thence  north 
along  the  east  side  of  Stewart  avenue  to  the  south  line  of  Twenty- 
first  street;  Provided,  however,  that  said  Mahla  and  Chappell  shall, 
before  laying  said  track,  enter  into  bond  with  the  city  of  Chicago  in  the 
sum  of  five  thousand  dollars  ($5,000),  to  be  approved  by  the  mayor, 
to  hold  the  city  of  Chicago  harmless  from  all  damages,  costs  and 
expenses  whatsoever  in  consequence  of  the  passage  of  this  ordinance, 
granting  the  privilege  hereinbefore  mentioned;  Provided,  further, 
that  the  privileges  hereby  granted  shall  be  subject,  in  all  respects,  to 
all  ordinances  now  in  force  or  which  may  hereafter  be  passed  con- 
cerning railroads;  and  that  said  Mahla  and  Chappell  shall  keep  so 
much  of  said  Stewart  avenue  and  Elgin  street,  as  shall  be  occupied 
by  said  track,  in  such  condition  and  repair  as  they  may  be  directed 
by  the  department  of  public  works;  Provided,  that  said  track  shall 
be  laid  down  and  maintained  under  the  direction  and  supervision  of 
the  department  of  public  works. 

If  2.  Term  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

1 3.  Modification  or  amendment.]  § 3.  This  ordinance  shall, 
at  any  time  before  the  expiration  thereof,  be  subject  to  modification, 
amendment  or  repeal,  and  in  case  of  repeal  all  privileges  hereby  granted 
shall  cease  and  determine. 

I 4.  Removal— failure  to  remove  after  notice.]  § 4.  In  case 
of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of  re- 
peal, said  Mahla  and  Chappell  shall,  at  their  own  expense,  cause  said 
track  to  be  removed,  and  the  part  of  the  streets  so  occupied  by  said 
track  to  be  placed  in  such  repair  and  condition  as  the  department 
of  public  works  may  require.  And  if  said  Mahla  and  Chappell  shall 
fail  to  remove  said  track  and  so  restore  said  streets  as  herein  provided, 
then  the  city  may,  after  ten  (10)  days’  notice  in  writing  to  the  said 
Mahla  and  Chappell,  or  their  bondsmen,  remove  said  track  and  restore 
the  part  of  the  streets  so  occupied  by  said  track  to  such  condition  as  it 
may  elect,  at  the  expense  and  cost  of  said  Mahla  and  Chappell,  which 
cost  and  expense  said  Mahla  and  Chappell  in  accepting  this  ordinance 
agree  to  pay  on  demand. 

If  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Mahla  and  Chappell. 

§ 799.  Mahla  & Chappell. 

IT  1.  Route. 

^ 2.  Grant  ten  years  and  other  conditions. 

3.  Acceptance. 

An  ordinance  authorizing  Mahla  & Chappell  to  construct  and  operate  a switch 

track  across  Twenty-first  street.  (Passed  January  5,  1893.  Accepted  Janu- 
ary 17,  1893.) 


1780 


SWITCH  TRACKS PRIVATE. 


[§  799 


IF  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § i.  That  permission  and  authority  is  hereby  given  and 

granted  to  Mahla  and  Chappell,  and  their  assigns,  to  construct,  main- 
tain and  operate  a single  switch  track  across  2ist  street,  between 
Stewart  avenue  and  Purple  street,  said  switch  track  to  extend  in  a 
northerly  dirction,  the  center  line  of  said  switch  track  at  the  south 
line  of  2i st  street  to  be  about  eight  (8)  feet  west  from  the  east  line 
of  lot  three  (3)  in  the  subdivision  of  lot  five  (5)  in  block  forty^three 
(43)  in  the  Canal  Trustees’  new  subdivision  of  blocks  in  the  east  frac- 
tion of  the  southeast  quarter  (S.  E.  *4)  of  section  twenty-one  (21 ), 
township  thirty-nine  (39)  north,  range  fourteen  (14)  east  of  the  third 
(3rd)  principal  meridian,  in  Chicago,  Cook  county,  Illinois. 

IF  2.  Grant  10  years,  and  other  conditions.]  § 2.  The  per- 
mission hereby  granted  to  said  Mahla  and  Chappell  and  their  assigns 
is  upon  the  following  express  conditions: 

1st.  A bond  in  the  sum  of  five  thousand  ($5,000)  dollars,  with 
approved  security,  shall  be  given  by  said  Mahla  and  Chappell  to  the 
city  of  Chicago,  which  said  bond  shall  be  approved  by  the  mayor  of 
said  city,  and  conditioned  to  hold  the  city  of  Chicago  harmless  from 
all  damages,  costs  and  expenses  in  consequence  of  the  passing  of  this 
ordinance. 

2nd.  The  privilege  hereby  granted  shall  be  enjoyed  subject  to  all 
ordinances  now  in  force  concerning  railroads,  or  which  may  be  here- 
after passed  regulating  or  in  any  manner  concerning  the  track  laid 
in  conformity  with  this  ordinance. 

3rd.  That  this  ordinance  shall  be  subject  to  amendments  or  re- 
peal and  it  is  expressly  limited  to  a period  of  ter?  (10)  years  from  the 
passage  hereof,  and  at  the  expiration  of  ten  (10)  years,  or  sooner, 
if  this  ordinance  shall  be  repealed,  then  said  Mahla  and  Chappell 
and  their  assigns  shall  take  up  and  remove  said  track  within  five  (5) 
days  after  notice  by  the  department  of  public  works,  and  in  case  of 
refusal  to  comply  with  said  notice  the  city  may  remove  the  same  and 
place  the  street  occupied  by  said  track  in  condition  to  correspond 
with  other  parts  of  the  street,  and  the  expense  of  such  removal  by 
the  city  shall  be  paid  by  said  Mahla  and  Chappell  or  their  assigns. 

IF  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  the  said  Mahla  and  Chappell 
and  the  filing  and  approving  of  the  bond  herein  provided  for,  provided 
the  same  be  so  filed  and  apnroved  within  thirty  (30)  days  from  the 
passage  of  this  ordinance. 


§ 8oo] 


WILLIAM  J.  MOXLEY. 


1781 


WILLIAM  J.  MOXLEY. 

§ 800.  William  J.  Moxley. 

IT  *•  Hawthorne  avenue — grant  ten  years — bond — provision  for  ele- 
vation— repair  of  street. 

IT  2.  Subject  to  amendment,  etc. — removal  of  track. 

If  3.  When  in  force. 

An  ordinance  granting  William  J.  Moxley  the  privilege  and  authority  to  con- 
struct and  operate  a private  switch.  (Passed  May  25,  1896.) 

1 1.  Hawthorne  avenue — grant  10  years — bond — provision  for 
elevation— repair  of  street.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § i.  That  permission  and  authority  is  hereby 

granted  to  William  J.  Moxley,  or  his  assigns,  to  construct,  maintain 
and  operate  a private  single  railroad  switch,  for  a period  of  ten  years, 
from  and  connecting  with  the  track  of  the  Chicago,  Milwaukee  and 
St.  Paul  Railroad  Company,  at  a point  upon  Hawthorne  avenue  about 
one  hundred  and  fifty  (150)  feet  southeast  of  the  south  line  of  Clay 
street,  produced,  in  a southeasterly  direction  parallel  with  the  tracks 
of  the  Chicago,  Milwaukee  and  St.  Paul  Railroad  Company,  for  about 
three  hundred  (300)  feet,  in  accordance  with  the  plat  hereto  attached. 

Provided,  however,  that  said  William  J.  Moxley  shall,  before  laying 
any  part  of  said  track,  enter  into  a bond  with  the  said  city  of  Chicago 
in  the  penal  sum  of  five  thousand  ($5,000)  dollars,  to  be  approved 
by  the  mayor,  to  hold  and  save  the  city  of  Chicago  harmless  from  all 
damages  caused  by  the  passage  of  this  ordinance. 

Provided,  further,  that  the  privileges  hereby  granted  shall  be  sub- 
ject in  all  respects  to  the  ordinances  now  in  force  or  which  may  be 
hereafter  passed  concerning  railroads  and  the  elevation  of  railroad 
tracks,  and  that  the  said  William  J.  Moxley,  and  his  assigns,  shall 
keep  so  much  of  said  Hawthorne  avenue  as  shall  be  occupied  by  said 
switch  in  such  condition  and  repair  as  may  be  directed  by  the  depart- 
ment of  public  works. 

And  provided,  further,  that  said  switch  shall  be  constructed  and 
maintained  under  the  direction  and  supervision  of  the  department  of 
public  works. 

IT  2.  Subject  to  amendment,  etc. — removal  of  track.]  § 2. 

This  ordinance  shall  be  subject  to  amendment  or  repeal  at  any  time 
for  failure  to  comply  with  any  order  of  the  department  of  public 
works  concerning  the  proper  construction  and  maintenance  of  said 
switch;  and  upon  the  expiration  of  this  ordinance  said  William  J. 
Moxley,  or  his  assigns,  shall  remove  said  switch  after  notice  from  the 
department  of  public  works;  and,  in  case  of  failure  or  refusal  to  com- 
ply with  said  notice,  then  the  city  of  Chicago  may  remove  the  same 
at  the  expense  of  said  William  J.  Moxley,  or  his  assigns. 

IT  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


1782 


SWITCH  TRACK! 


-PRIVATE. 


[§  § 8oi,  802 


L.  NEWBERRY  & CO. 

§ 801.  L.  Newberry  & Co. 

IT  North  Market  and  Carroll  streets — bond — subject  to  repeal. 

An  ordinance  to  allow  a connection  between  the  Galena  & Chicago  Union  rail- 
road track,  and  the  warehouse  of  L.  Newberry  & Co.  (Passed  February 
10,  1862  ) 

1 1.  North  Market  and  Carroll  streets — bond— subject  to  re- 
peal.] Be  it  ordained  by  the  common  council  of  the  city  of  Chicago: 
§ 1.  That  permission  and  authority  are  hereby  given  to  L.  New- 
berry & Co.  to  lay  down,  maintain  and  operate  a railroad  track  in, 
upon  and  along  North  Market  street,  from  the  track  of  the  Galena 
and  Chicago  Union  Railroad  to  Carroll  street;  thence  on  Carroll 
street  to  connect  with  the  elevator  of  L.  Newberry  & Co.,  in  block  14, 
original  town  of  Chicago;  Provided,  said  Newberry  & Co.  shall  enter 
into  bonds  with  said  city,  to  be  approved  by  the  mayor,  to  hold  and 
save  the  city  harmless  from  all  damages  in  consequence  of  this  act; 
and  provided,  the  privilege  hereby  granted  shall  be  enjoyed  subject 
to  all  ordinances  now  in  force  concerning  railroads,  or  which  may  be 
hereafter  passed  regulating  or  in  any  way  concerning  the  track  laid 
in  conformity  with  this  ordinance;  Provided,  that  this  ordinance 
shall  at  all  times  be  subject  to  repeal  by  the  common  council,  and  if 
so  repealed,  all  the  privileges  hereby  granted  shall  cease  and  de- 
termine. 


NORTH-WESTERN  LEATHER  COMPANY. 

§ 802.  North-Western  Leather  company. 

1.  Robinson  street  and  across  Thirty-first  street. 

2.  Use  of  street. 

3.  Indemnity  clause. 

4.  Subject  to  ordinances. 

5.  Repeal  or  amendment  after  five  years. 

An  ordinance  authorizing  the  North-Western  Leather  company  to  lay  a railroad 
track  on  Robinson  street.  (Passed  September  7,  1877.) 

If  1.  Robinson  street  and  across  Thirty-first  street.]  Be  it 
ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the 

North-Western  Leather  Company  is  hereby  authorized  to  lay  down 
a railroad  track  (with  necessary  turn-outs  and  switches  to  connect  the 
adjoining  lots)  and  operate  the  same,  in  and  along  Robinson  street,  in 
the  city  of  Chicago,  from  the  Illinois  and  Michigan  canal  across  Thir- 
ty-first street,  to  the  Joliet  and  Chicago  Railroad. 

1”  2.  Use  of  street.]  § 2.  The  said  company  is  hereby  re- 
quired, and  this  grant  is  made  on  the  express  condition  that  it  shall 


§ 803] 


NORTHWESTERN  YEAST  COMPANY. 


1783 


so  lay  down  and  maintain  its  track,  turn-outs  and  switches  that  they 
shall  interfere  as  little  as  practicable  in  the  use  of  said  street,  and  shall 
at  all  times  keep  them  in  such  condition  as  to  allow  the  free  use  and 
easy  passage  of  vehicles  along  and  over  it.  All  of  which  shall  be 
done  under  the  supervision  of  the  proper  city  authorities. 

If  3.  Indemnity  clause.]  § 3.  This  permission  or  grant  is 
made  upon  the  further  condition  that  said  company  shall  keep  and 
save  the  city  harmless  from  all  damages,  costs  and  expenses  whatever 
arising  out  of  the  use  and  occupation  of  said  street  by  said  company. 

f 4.  Subject  to  ordinances.]  § 4.  This  permission  is  granted 
subject  to  all  the  general  ordinances  concerning  railroads  now  in  force, 
or  that  may  hereafter  be  passed. 

If  5.  Repeal  or  amendment  after  five  years.]  § 5.  This 
ordinance  shall  be  subject  to  amendment  or  repeal  by  said  council  at 
any  time  after  five  years  from  its  passage. 


NORTHWESTERN  YEAST  COMPANY. 

§ 803.  Northwestern  Yeast  company. 

IT  Grant  ten  years — Bloomingdale  road. 

IT  2.  Authority  conferred  as  to  use. 

•f  3.  Indemnity  clause.  ' 

IT  4*  Bond.  “i": 

If  5.  City  to  supervise  work, 
if  6.  Acceptance. 

An  ordinance  granting  permission  to  the  Northwestern  Yeast  company  to  con- 
struct, maintain  and  operate  a switch  track  upon  the  south  side  of  Bloom- 
ingdale road  from  the  west  line  of  Edgar  street,  produced,  to  the  west  line 
of  Ashland  avenue,  produced,  in  the  city  of  Chicago.  (Passed  ‘January *3, 
1894.  Accepted  January  6,  1894.) 

If  1.  Grant  ten  years— Bloomingdale  road.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  be  and  the  same  is  hereby  granted  to  the  Northwestern  Yea*t 
Company  to  construct,  maintain  and  operate  a switch  track,  for  the  pe- 
riod of  ten  (10)  years  from  the  passage  hereof,  upon  the  south  side  of 
Bloomingdale  road,  to  connect  with  the  switch  track  of  the  Chicago 
and  Pacific  Railroad  Company  at  the  west  line  of  Edgar  street,  pro- 
duced, and  to  extend  eastward  upon  said  Bloomingdale  road  to  the 
west  line  of  Ashland  avenue,  produced,  as  shown  upon  the  plat  here- 
unto attached. 

If  2.  Authority  conferred  as  to  use.]  § 2.  That  said  North- 
western Yeast  Company  may  receive  upon  the  track  authorized  by  sec- 


1784 


SWITCH  TRACKS PRIVATE. 


[§  804 


tion  1 of  this  ordinance  all  cars  delivered  to  it  by  the  Chicago,  Mil- 
waukee and  St  Paul  Railway  Company,  operating  the  said 
Chicago  and  Pacific  Railroad  as  lessees,  for  the  purpose  of  unload- 
ing or  loading  said  cars,  subject,  however,  to  all  general  ordinances 
of  the  city  of  Chicago  concerning  railroads,  now  in  force  or  which  may 
hereafter  be  in  force. 

1 3.  Indemnity  clause.]  § 3.  The  permission  and  authority 
hereby  granted  are  upon  the  express  condition  that  the  said  North- 
western Yeast  Company  shall  and  will,  for  ever,  indemnify  and  save 
harmless  the  city  of  Chicago  against  and  from  any  and  all  damages, 
judgments,  decrees  and  costs  and  expenses  of  the  same  which  it  may 
suffer  or  which  may  be  recovered  or  obtained  against  said  city  for  or 
by  reason  of  the  granting  of  such  privileges  and  authority,  or  for  or 
by  reason  or  growing  out  of,  or  resulting  from  the  passage  of  this  ordi- 
nance, or  any  matter  or  thing  connected  herewith,  or  with  the  exer- 
cise by  said  company  of  the  privileges  hereby  granted. 

1"  4.  Bond.]  § 4.  Said  Northwestern  Yeast  Company  shall  be- 
fore laying  said  track  enter  into  a bond  with  the  city  of  Chicago  in 
the  sum  of  five  thousand  ($5,000)  dollars,  to  be  approved  by  the  mayor, 
to  hold  and  save  the  city  of  Chicago  harmless  from  all  damages,  costs 
and  expenses  whatsoever  in  consequence  of  the  passage  of  this  ordi- 
nance granting  the  privileges  hereinbefore  mentioned. 

1 5.  City  to  supervise  work.]  § 5.  All  work  which  shall  be 
done  under  and  by  authority  of  the  privileges  or  under  the  conditions 
of  this  ordinance  shall  be  done  under  the  direction  of  the  commissioner 
of  public  works,  and  shall  be  done  in  a manner  satisfactory  to  him  and 
at  the  sole  cost  and  expense  of  the  said  Northwestern  Yeast  Com- 
pany. 

If  6.  Acceptance.]  § 6.  This  ordinance  shall  take  effect  and  be 
in  force  from  and  after  its  passage  and  approval  and  its  acceptance  by 
said  Northwestern  Yeast  Company;  Provided,  however,  that  such  ac- 
ceptance shall  be  filed  with  the  city  clerk  within  thirty  (30)  days  after 
the  approval  of  this  ordinance. 


O’CONNOR  & LEESON. 

§ 804.  O’Connor  & Leeson. 

1.  Rockwell  street  and  alley  in  C.  H.  Harrison’s  Add. 
IT  2.  Laying  of  tracks — use  of  street  and  alley — repairs, 
if  3.  Standing  cars  prohibited, 
it  4-  Bond. 

it  5.  Grant  ten  years — removal  of  tracks, 
it  6.  When  in  force — acceptance. 


1785 


§ 804]  O’CONNOR  & LEESON. 

An  ordinance  authorizing  O’Connor  & Leeson  to  lay  down  and  maintain  two 
switch  tracks.  (Passed  March  18,  1889.) 

1 1.  Rockwell  street  and  alley  in  C.  H.  Harrison's  ad- 
dition.] Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  and  authority  is  hereby  granted  to  Thomas  P. 
O’Connor  and  Thomas  V.  Leeson,  doing  business  under  the  firm  name 
and  style  of  O’Connor  & Leeson,  to  lay  down,  maintain  and  operate 
two  railroad  switch  tracks,  described  as  follows,  commencing  fifty-two 
(52)  feet  north  from  a point  of  intersection  with  the  east  track  of  Chi- 
cago, St.  Louis  and  Pacific  Railroad,  of  the  north  line  of  Harrison 
street  produced  west,  thence  running  southeasterly  across  Rockwell 
street  in  a curve  through  the  south  part  of  lots  25  and  24,  block  1, 
crossing  alley  between  Harrison  and  Flournoy  streets,  thence  con- 
necting with  a point  in  a line  parallel  with  and  90  feet  north  of  Flour- 
noy street  and  192  1-2  feet  east  of  west  line  of  block  1,  in  Carter  H. 
Harrison’s  addition,  to  a terminus  at  the  west  line  of  resubdivision  of 
east  sixteen  feet  of  lot  36,  whole  of  lots  37  to  44,  inclusive,  in  said 
block  1,  and  also  lay  down  and  operate  a railroad  switch  track  com- 
mencing at  a point  in  above  described  curve  in  Rockwell  street  65 
feet  south  of  south  line  of  Harrison  street,  thence  southerly  across  said 
alley  and  running  in  and  along  west  line  of  lot  26,  block  1,  Carter  H. 
Harrison’s  addition,  etc.,  to  a terminus  in  south  line  of  said  lot  26. 

If  2.  Laying  of  tracks — use  of  street  and  alley— repairs.] 
§ 2.  The  said  O’Connor  & Leeson  are  hereby  required,  and  this  grant 
is  made  on  the  express  condition,  that  they  shall  so  lay  down  and  main- 
tain said  tracks  that  they  shall  interfere  as  little  as  practicable  in  the  use 
of  said  street  and  alley,  and  shall  not  lay  or  construct  any  switch  or 
frog  within  the  limits  of  Harrison  street,  and  shall  at  all  times  keep  said 
tracks  in  such  condition  as  to  allow  the  free  use  and  easy  passage  of 
vehicles  along  and  over  the  same,  and  that  they  will  also  keep  the  side- 
walk across  said  tracks  in  good  condition  and  repair  so  as  not  to  en- 
danger the  passage  of  pedestrians  over  the  same,  all  of  which  shall 
be  done  under  the  direction  of  the  department  of  public  works,  and 
whenever  the  department  of  public  works  shall  order  said  tracks  to 
be  repaired  or  placed  in  a safe  condition  for  travel  over  the  same,  then 
said  O’Connor  & Leeson  shall  comply  with  such  order  within  ten  (10) 
days  thereafter,  and  in  case  of  a refusal  to  comply  with  such  order, 
then  the  department  of  public  works  may,  without  further  notice,  take 
up  and  remove  such  track-s,  and  all  rights  hereunder  shall  then  cease 
and  determine. 

*f  3.  Standing  cars  prohibited.]’  § 3.  Said  O’Connor  & Lee- 
son shall  not  at  any  time  permit  any  car  or  cars  to  stand  upon  said 
tracks  across  Rockwell  street,  or  across  the  alley  between  Harrison 
and  Flournoy  streets. 

*1  § 4-  This  permission  and  authority  is  made  upon 

the  further  condition  that  said  O’Connor  & Leeson  shall  keep  and 


1786 


SWITCH  TRACKS PRIVATE. 


[§  8°5 


save  the  city  of  Chicago  harmless  from  all  damages,  costs  and  expenses 
whatsoever  arising  out  of  this  grant,  and  said  Thomas  P.  O’Connor 
and  Thomas  V.  Leeson  shall  give  a bond  with  one  or  more  sureties, 
to  be  approved  by  the  mayor,  in  the  penal  sum  of  five  thousand 
($5,000)  dollars,  for  the  fulfillment  of  the  conditions  of  this  grant  or 
permission. 

Tf  5.  Grant  ten  years— removal  of  tracks.]  § 5.  This  ordi- 
nance shall  be  subject  to  amendment  or  repeal  at  any  time,  and  is  ex- 
pressly limited  to  a period  of  ten  (10)  years  from  the  passage  hereof, 
and  at  the  expiration  of  said  ten  (10)  years,  or  sooner  if  this  ordinance 
should  be  repealed,  then  said  O’Connor  & Leeson  shall  take  up  and 
remove  said  tracks  from  Rockwell  street  and  said  alley  within  five  (5) 
days  after  notice  by  the  department  of  public  works,  and  in  case  of 
failure  or  refusal  to  comply  with  said  notice,  or  in  case  said  O’Connor 
& Leeson,  or  either  of  them,  do  not  use  said  tracks,  then  the  city  may 
remove  the  same  and  place  the  street  and  alley  where  occupied  by  said 
tracks  in  such  condition  as  it  may  see  fit  so  as  to  correspond  to  the 
other  parts  of  the  street  and  alley,  and  the  expense  of  such  removal 
or  of  any  removal  of  said  tracks  by  the  city  shall  be  paid  by  said 
Thomas  P.  O’Connor  and  Thomas  V.  Leeson,  their  heirs,  executors 
and  administrators,  jointly  or  severally. 

If  6.  When  in  force — acceptance.]  § 6.  This  ordinance  shall 
be  in  force  from  and  after  its  acceptance  by  said  O’Connor  & Leeson, 
and  the  filing  of  and  approving  of  the  bond  provided  for  in  section 
four  hereof,  which  shall  be  done  within  thirty  (30)  days  from  the  pas- 
sage hereof,  and  in  such  acceptance  said  O’Connor  & Leeson  shall  ex- 
pressly agree  to  all  the  conditions  of  this  ordinance,  and  expressly 
agree  to  pay  to  the  city  of  Chicago  all  moneys  it  may  be  compelled  to 
pay  for  or  by  reason  of  granting  this  permission. 

Note. — See  following  amendatory  ordinance. 

§ 805.  O’Connor  & Leeson. 

1.  Amendment. 

2.  When  in  force. 

An  ordinance  amending  ordinance  for  switch  track  privileges  to  O’Connor  & 
Leeson  passed  March  18,  1889.  (Passed  March  27,  1889.) 

T 1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  section  1 of  an  ordinance  granting  per- 

mission and  authority  to  O’Connor  & Lesson  to  lay  a switch  track 
on  Rockwell  street,  passed  March  18,  1889,  be  amended  by  striking 
out  the  word  “Pacific,”  and  inserting  in  lieu  thereof  the  word  “Pitt»- 
burg.” 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


§ § 8o6,  807J 


H.  PAEPCKE  & CO. 


1787 


VAN  N.  OGEL. 

§ 806.  Van  N.  Ogel. 

^f  1.  Across  alley  in  Adam’s  addition — grant  ten  years, 
if  2.  Subject  to  ordinances,  etc. — removal  of  track. 

An  ordinance  granting  permission  to  Van  N.  Ogel  toMay  down*and”operate  a 
switch  track  across  an  alley  in  Adam’s  addition  to^Chicago.  (Passed  July 
15,  1895.) 

Tf  1.  Across  alley  in  Adams’  addition— grant  ten  years.]  Be 
it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 

permission  and  authority  be  and  the  same  are  hereby  granted  to  Van 
N.  Ogel,  his  successors  and  assigns,  to  lay  down  a single  switch  track 
from  the  tracks  of  the  Chicago,  St.  Louis  and  Pittsburg  Railroad  Com- 
pany, across  an  alley  from  lots  one  and  two  to  lot  twenty- four  in 
Adams’  addition  to  Chicago,  in  the  east  half  of  the  northeast  quarter 
of  section  12,  township  39  north,  range  13,  east  of  the  3rd  P.  M.,  and 
to  operate  and  maintain  the  same  for  a period  of  ten  (10)  years  from 
and  after  the  passage  hereof. 

1 2.  Subject  to  ordinances,  etc. — removal  of  track.]  § 2. 

The  permission  and  authority  hereby  granted  is  subject  to  all  exist- 
ing ordinances  of  the  city  of  Chicago,  or  ordinances  which  may  here- 
after be  passed  relating  to  the  use  and  operation  of  switch  tracks  and 
is  granted  upon  the  express  condition  that  the  said  track  shall  be  laid 
down  under  the  supervision  and  direction  of  the  commissioner  of  pub- 
lic works  of  the  city  of  Chicago,  and  upon  the  termination  of  the  right 
herein  granted  the  same  shall  be  removed  without  expense  or  cost  to 
the  said  city  of  Chicago,  and  upon  the  failure  of  said  Ogel,  his  success- 
ors and  assigns,  to  remove  the  same  the  commissioner  of  public  works 
shall  be  and  is  hereby  authorized  to  remove  the  same  at  the  expense 
of  the  person  or  corporation  then  using  and  operating  the  same. 


H.  PAEPCKE  & CO. 

§ 807.  H.  Paepcke  & Co. 

IT  !•  George  street — bond — repair  of  street. 

"[I  2.  Grant  ten  years. 

IT  3-  Removal  of  track — restoration  of  street. 

If  4.  When  in  force — acceptance. 

An  ordinance  authorizing  H.  Paepcke  & Co.  to  construct  and  maintain  a railroad 
track.  (Passed  October  8,  1888.  Accepted  October  29,  1888.) 

1"  1.  George  street— bond — repair  of  street.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  be 

and  is  hereby  granted  to  H.  Paepcke  & Company,  a corporation  duly 


1788 


SWITCH  TRACKS PRIVATE. 


[§  807 


organized  under  the  laws  of  the  state  of  Illinois,  and  its  successors  and 
assigns,  to  lay  down,  construct,  maintain  and  operate  a railroad  track 
in  George  street,  between  the  tracks  of  the  Chicago  and  Northwestern 
Railroad  Company,  and  the  western  line  of  North  Sangamon  street, 
to  connect  the  premises  now  occupied  by  said  H.  Paepcke  & Company, 
at  and  near  the  corner  of  George  and  Sangamon  streets,  with  the  rail- 
road tracks  of  the  Chicago  and  Northwestern  Railroad  Company  now 
crossing  said  George  street,  said  track  to  be  located  fifty  (50)  feet  from 
the  north  line  of  George  street;  Provided,  however,  that  within  thirty 
days  after  the  approval  of  this  ordinance  and  before  any  tracks  shall 
be  laid  under  the  authority  hereby  conferred,  the  said  H.  Paepcke  & 
Company  shall  enter  into  a bond  to  the  city,  in  the  sum  of  ten  thou- 
sand dollars,  with  security  to  be  approved  by  the  mayor,  to  indemnify 
and  save  harmless  the  city  from  all  damages,  costs  and  expenses  what- 
soever, in  consequence  of  the  passage  of  this  ordinance,  or  the  laying, 
maintaining  or  operating  the  said  tracks ; and  Provided,  further,  that 
the  privilege  hereby  granted  shall  be  subject  in  all  respects  to  all  ordi- 
nances now  in  force  or  which  may  hereafter  be  passed  concerning  rail- 
roads, and  that  said  H.  Paepcke  & Company  and  its  successors  shall 
keep  such  portion  of  George  street  as  shall  be  occupied  by  said  track 
in  such  condition  and  repair  as  may  be  directed  by  the  department  of 
public  works  of  said  city;  and,  Provided  further,  that  said  track  shall 
be  laid  down  and  maintained  under  the  direction  and  supervision  of 
the  department  of  public  works. 

1 2.  Grant  ten  years.]  § 2.  The  right  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  hereof  and  this  ordinance  shall,  at  any  time,  before  the 
expiration  thereof,  be  subject  to  modification,  amendment  or  repeal, 
and  in  case  of  repeal  all  privileges  hereby  granted  shall  cease  and  de- 
termine. 

1 3,  Removal  of  track— restoration  of  street.]  § 3.  In 

case  of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of 
repeal,  said  H.  Paepcke  & Company  shall,  at  its  own  expense,  cause 
said  track  to  be  removed  and  the  part  of  the  street  so  occupied  by  said 
track  to  be  placed  in  such  repair  and  condition  as  the  department  of 
public  works  may  require,  and  if  the  said  H.  Paepcke  & Company  shall 
fail  to  so  remove  said  track  and  so  restore  said  street,  as  herein  pro- 
vided, then  the  city  of  Chicago  may,  within  ten  days  after  notice  to  th£ 
said  H.  Paepcke  & Company,  or  its  bondsmen,  remove  said  track  an(l 
restore  the  part  of  the  street  so  occupied  by  said  track  to  such  condi- 
tion as  it  may  elect,  at  the  expense  and  cost  of  said  H.  Paepcke  & 
Company,  which  cost  and  expense  said  H.  Paepcke  & Company  in 
accepting  this  ordinance,  agree  to  pay  on  demand. 

IT  4.  When  in  force — acceptance.]  § 4.  This  "ordinance  shall 
be  in  force  from  and  after  its  passage  and  acceptance  by  said  H. 
Paepcke  & Company. 


§ 8o8] 


PAIGE  IRON  WORKS. 


1789 


PAIGE'  IRON  WORKS. 

§ 808.  Paige  Iron  works. 

1.  Ontario  street — bond— conditions. 

•jf  2.  Modification  or  repeal. 

3.  Term  ten  years. 

■[  4.  Removal  of  track — restoration  of.streets,  etc. 

Tf  5.  Failure  to  make  repairs, 
if  6.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  Paige  Iron  works  to  lay  down  and  main- 
tain a switch  track.  (Passed  September  24,  1888.,  Accepted  October  15, 

1888,  and  October  22,  1888  ) 

T 1.  Ontario  street — bond — conditions.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority is  hereby  given  and  granted  to  the  Paige  Iron  Works,  a cor- 
poration existing  under  and  by  virtue  of  the  laws  of  the  state  of  Illi- 
nois, to  lay  down,  construct,  maintain  and  operate  a switch  track  con- 
necting with  the  tracks  of  the  Chicago,  Milwaukee  and  St.  Paul  Rail- 
way Company,  about  fifty  (50)  feet  north  of  the  north  line  of  Ontario 
street,  thence  in  a southerly  direction  across  Ontario  street  to  the 
block  of  land  between  Ontario  and  Ohio  streets,  keeping  within  sixty- 
five  (65)  feet  of  the  east  line  of  Kingsbury  street,  as  shown  by  the  track 
marked  “A”  in  red  ink  on  the  map  hereto  attached;  Provided,  how- 
ever, that  said  Paige  Iron  Works  shall,  before  laying  said  track,  enter 
into  a bond  to  the  city  of  Chicago,  in  the  sum  of  ten  thousand  ($10,- 
000)  dollars,  to  be  approved  by  the  mayor,  to  hold  and  save  the  city 
of  Chicago  harmless  from  all  damages,  costs  and  expenses  whatsoever 
in  consequence  of  the  passage  of  this  ordinance  granting  the  privilege 
hereinbefore  mentioned;  Provided,  further,  that  the  privileges  hereby 
granted  shall  be  subject  in  all  respects  to  all  ordinances  in  force,  or 
which  may  hereafter  be  passed  concerning  railroads  or  railroad  tracks, 
and  that  said  Paige  Iron  Works  shall  keep  so  much  of  the  streets  and 
alleys  crossed  by  said  track  in  such  condition  and  repair  as  it  may  be 
directed  by  the  department  of  public  works,  and  provided  that  said 
track  shall  be  laid  down  and  maintained  under  the  direction  and  su- 
pervision of  the  department  of  public  works. 

T 2.  Modification  or  repeal.]  § 2.  This  ordinance  shall  at  anv 
time  before  the  expiration  thereof  be  subject  to  modification,  amend- 
ment or  repeal,  and  in  case  of  repeal  all  privileges  hereby  granted  shall 
cease  and  determine. 

IT  3.  Term  ten  years.]  § 3.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  hereof. 

1 4.  Removal  of  track — restoration  of  streets,  etc.]  § 4. 

In  case  of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case 
of  repeal,  said  Paige  Iron  Works  shall  at  its  own  expense,  cause  said 
tracks  to  be  removed  from  the  parts  of  the  streets  so  occupied  by  said 


1790 


SWITCH  TRACKS PRIVATE. 


[§  809 


track  and  the  parts  of  streets  or  alleys  so  occupied  shall  be  placed,  by 
said  Paige  Iron  Works,  in  such  repair  and  condition  as  the  depart- 
ment of  public  works  shall  require  and  if  the  said  Paige  Iron  Works 
shall  fail  so  to  remove  said  track,  and  so  to  restore  said  streets,  as  here- 
in provided,  then  the  city  of  Chicago  may,  within  ten  (10)  days  after 
notice  to  remove  said  track  to  said  Paige  Iron  Works  or  to  its  bonds- 
men, remove  said  track  and  restore  the  parts  of  the  streets  and  alleys 
so  occupied  by  said  track  to  such  condition  as  it  may  elect  at  the  ex- 
pense and  cost  of  said  Paige  Iron  Works  , which  cost  and  expense  said 
Paige  Iron  Works  in  accepting  this  ordinance  agrees  to  pay  on  de- 
mand. 

T 5.  Failure  to  make  repairs.]  § 5.  In  case  said  Paige  Iron 
'\yorks  shall  fail  to  keep  the  parts  of  streets  and  alleys  so  occupied  by 
said  track  in  such  condition  and  repair  as  the  department  of  public 
works  may  direct,  then  the  said  department  of  public  works  is  hereby 
authorized  to  tear  up  and  remove  such  track  from  the  parts  of  the 
streets  and  alleys  so  occupied  at  the  cost  and  expense  of  said  Paige 
Iron  Works,  to  be  paid  by  it  on  demand  without  further  notice,  and  in 
accepting  this  ordinance  said  Paige  Iron  Works  agrees  to  pay  all  such 
cost  and  expense  and  waive  any  claim  for  any  damages  by  reason  of 
any  removal  of  said  track  provided  for  in  this  ordinance. 

IT  6.  When  in  force — acceptance.]  § 6.  This  ordinance  shall 
be  in  force  from  and  after  its  passage  and  acceptance  by  said  Paige 
Iron  Works  of  all  of  its  terms  and  conditions,  and  of  the  filing  of  the 
bond  hereinbefore  mentioned,  which  acceptance  and  bond  shall  be  filed 
within  thirty  (30)  days  of  the  passage  hereof. 


ELIJAH  PEACOCK. 

§ 809.  Elijah  Peacock. 

IT  1.  Stewart  avenue — bond — street  repair — standing  cars'prohibited. 

IT  2.  Grant  ten  years — subject  to  modification^  repeal. 

IT  3.  Removal  of  track — restoration  of  street. 

it  4*1^ When  in  force — acceptance. 

An  ordinance  granting  permission  to“Elijah  Peacock  to  lay  down  and  operate  a 
single  railroad  track. “J( Passed  January  14,  1889.  Accepted  January^, '1889.) 

T 1.  fStewart  avenue — bond — street  repair — standing  cars 
prohibited.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  is  hereby  given  and  granted  to  Elijah  Peacock 
to  lay  down,  construct  and  maintain  and  operate  a single  railroad  track 
from  and  connecting  with  the  tracks  of  the  Pittsburg,  Fort  Wayne  and 
Chicago  Railroad  Company,  on  Stewart  avenue  at  a point  at  least  100 
feet  south  of  and  parallel  with  the  south  line  of  Thirty-fifth  street,  as  ex- 
tended; thence  on  a gradual  curve  southeasterly  to  and  over  theeastline 


§ 8°9] 


ELIJAH  PEACOCK. 


1791 


of  said  Stewart  avenue,  thence  over  and  upon  private  property;  Pro- 
vided, however,  that  said  Elijah  Peacock  shall  before  laying  said  track 
enter  into  a bond  with  the  city  of  Chicago,  in  the  sum  of  ten  thousand 
($10,000)  dollars,  to  be  approved  by  the  mayor,  to  hold  and  save  the 
city  of  Chicago  harmless  from  all  damages,  costs  and  expenses  what- 
soever, in  consequence  of  the  passage  of  this  ordinance,  granting  the 
privilege  hereinbefore  mentioned ; Provided,  further,  that  the  privileges 
hereby  granted  shall  be  subject  in  all  respects  to  all  ordinances  now  in 
force  or  which  may  hereafter  be  passed  concerning  railroads,  and  that 
said  Elijah  Peacock  shall  keep  so  much  of  Stewart  avenue  as  shall  be 
occupied  by  said  track  in  such  condition  and  repair  as  he  may  be 
directed  by  the  department  of  public  works.  No  cars  shall  be  per- 
mitted to  stand  on  the  streets,  nor  shall  any  car  be  unloaded  or  loaded 
upon  the  streets  occupied  by  said  tracks;  Provided,  that  said  tracks 
shall  be  laid  down  and  maintained  under  the  direction  and  supervision 
of  the  department  of  public  works;  and  Provided,  if  said  Elijah  Pea- 
cock shall  violate  any  of  the  provisions  or  conditions  of  this  section, 
then  the  department  of  public  works  may  tear  up  and  remove  the  track 
hereby  authorized  to  be  laid,  and  the  cost  thereof  to  the  city  shall  be 
paid  by  said  Elijah  Peacock. 

If  2.  Grant  ten  years — subject  to  modification  or  repeal.] 
§ 2.  The  rights  and  privileges  hereby  granted  shall  cease  and  deter- 
mine at  the  expiration  of  ten  years  from  the  passage  thereof,  and  this 
ordinance  shall  at  any  time  before  the  expiration  thereof  be  subject  to 
modification,  amendment  or  repeal,  and  in  case  of  repeal  all  privi- 
leges hereby  granted  shall  cease  and  determine. 

T 3.  Removal  of  track— restoration  of  streets.]  § 3.  In 
case  of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of 
repeal,  said  Elijah  Peacock  shall,  at  his  own  expense,  cause  said  track 
to  be  removed  and  the  part  of  the  streets  so  occupied  by  said  track 
to  be  placed  in  such  repair  and  condition  as  the  department  of  public 
works  may  require,  and  if  the  said  Elijah  Peacock  shall  fail  to  so  re- 
move said  track  and  so  restore  said  streets  as  herein  provided,  then  the 
city  of  Chicago  may  within  (10)  days  after  notice  to  the  said  Elijah 
Peacock  or  his  bondsmen,  remove  said  track,  and  restore  the  part  of 
the  street  so  occupied  by  said  track  to  such  condition  as  it  may  elect, 
at  the  expense  and  cost  of  said  Elijah  Peacock,  which  cost  and  ex- 
pense said  Elijah  Peacock,  in  accepting  this  ordinance,  agrees  to  pay 
on  demand. 

T 4.  When  in  force— acceptance.]  § 4.  This  ordinance  shall 

be  in  force  from  and  after  its  passage  and  acceptance  by  said  Elijah 
Peacock. 


1792 


SWITCH  TRACKS PRIVATE. 


[§  810 


A.  H.  PEIRCE  MANUFACTURING  COMPANY. 

§ 810.  A.  H.  Peirce  Manufacturing  company. 

IT  i.  Route. 

if  2.  Grant  ten  years — other  conditions. 

if  3.  Acceptance. 

An  ordinance  granting  permission  to  the  A.  H.  Peirce  Manufacturing  company 

to  lay  down  and  operate  a switch  track.  (Passed  June  6,  1892.  Accepted 

July  5,  1892.) 

il  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  are  hereby  granted 

to  the  A.  H.  Peirce  Manufacturing  Company  to  lay  down,  maintain 
and  operate  a railroad  switch  track  in  and  upon  West  Kinzie  street, 
from  the  east  line  of  North  Green  street  on  the  south  side  of  said 
Kinzie  street,  to  connect  with  t-he  switch  track  now  terminating  on  the 
east  line  of  Green  street,  west  across  North  Green  street,  and  west  to 
the  west  line  of  the  property  of  said  A.  H.  Peirce  Manufacturing 
Company  extended  north. 

J 2.  Grant  ten  years — other  conditions.]  § 2.  The  permis- 
sion hereby  granted  is  upon  the  following  express  conditions,  to  wit: 

First:  That  the  said  A.  H.  Peirce  Manufacturing  Company  shall 

give  a bond  in  the  sum  of  five  thousand  ($5,000)  dollars  to  the  city  of 
Chicago,  to  be  approved  by  the  mayor,  to  hold  and  save  the  city  harm- 
less from  all  damages  in  consequence  of  the  passage  of  this  ordinance. 

Second.  The  privilege  granted  shall  be  enjoyed  subject  to  all  ordi- 
nances now  in  force  concerning  railroads,  or  which  may  be  hereafter 
passed  regulating  or  in  any  manner  concerning  the  track  laid  in  con- 
formity with  this  ordinance. 

Third.  That  this  ordiance  shall,  at  all  times,  be  subject  to  amend- 
ment or  repeal  and  is  expressly  limited  to  a period  of  ten  (10)  years 
from  the  passage  hereof  and  at  the  expiration  of  said  ten  (10)  years 
or  sooner  if  this  ordinance  shall  be  repealed,  then  said  A.  H.  Peirce 
Manufacturing  Company  shall  take  up  and  remove  said  tracks  from 
Kinzie  street  and  Green  street  within  five  (5)  days  after  notice  by  the 
department  of  public  works  and,  in  case  of  refusal  to  comply  with, 
said  notice,  the  city  may  remove  the  same  and  place  the  street  which  is 
occupied  by  said  track  in  condition  to  correspond  with  the  other  parts 
of  the  street,  and  the  expense  of  such  removal  by  the  city  shall  be  paid 
by  said  A.  H.  Peirce  Manufacturing  Company. 

T 3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  said  A.  H.  Peirce  Manufacturing  Company 
and  the  filing  of  and  approval  of  the  bond  herein  provided  for,  which 
shall  be  done  within  thirty  (30)  days  of  the  passage  hereof. 


1793 


§ g 8 1 1 , 812]  P.,  c.,  C.  & ST.  L.  RAILWAY  COMPANY. 

PEOPLE’S  GAS  LIGHT  & COKE  COMPANY. 

§ 8 1 1.  People’s  Gas  Light  & Coke  company. 

^ r.  Elston  avenue. 

2.  Erection  of  connecting  bridge. 

3.  Conditions. 

An  ordinance  permitting  the  People’s  Gas  Light  & Coke  company  to  lay  down 
and  operate  a railroad  track.  (Passed  March  12,  1886.) 

1.  Elston  avenue.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  the  same 
are  hereby  granted  to  the  People’s  Gas  Light  and  Coke  Company  to 
lay  down,  maintain  and  operate  a railroad  track  across  Elston  avenue, 
near  the  southerly  line  of  the  tract  of  land  known  as  the  Dieden  tract, 
in  section  5,  39,  14,  connecting  the  said  tract  with  the  dock  property 
opposite  thereto. 

If  2.  Erection  of  connecting  bridge.]  § 2.  That  permission  and 
authority  be  and  the  same  are  hereby  granted  to  said  company  to 
erect,  maintain  and  operate  a bridge  over  said  Elston  avenue,  at  or 
near  the  point  above  described,  at  an  elevation  of  about  thirty  feet 
above  the  roadway,  connecting  the  upper  stories  of  the  buildings  to  be 
hereafter  erected  by  said  company  on  either  side  of  said  Elston 
avenue. 

T 3.  Conditions.]  § 3.  The  authority  herein  conferred  is  ex- 
pressly upon  the  condition  that  said  railroad  track  and  bridge  shall 
be  constructed  under  the  supervision  of  the  department  of  public 
works. 


PITTSBURG,  CINCINNATI,  CHICAGO  & ST.  LOUIS  RAIL- 
WAY COMPANY. 

§ 812.  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  com 
pany. 

' : 1.  North  Elizabeth  street  and  an  alley. 

2.  Bond — subject  to  ordinances — repair  of  street,  etc. — grant  ten 
years — removal  of  track — restoration  of  street. 

•[f  *3.  When  in  force — acceptance 

An  ordinance  granting  permission  to  the  Pittsburg,  Cincinnati,  Chicago  & St. 
Louis  Railway  company  to  lay  down  and  maintain  a single  switch  track. 
(Passed  July  18,  1895.  Accepted  August  15,  1895.) 

IT  1.  North  Elizabeth  street  and  an  alley.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 
thority are  hereby  given  to  the  Pittsburg,  Cincinnati,  Chicago  & St. 
Louis  Railway  Company  to  lay  down,  maintain  and  operate  a single 

113 


1794 


SWITCH  TRACKS PRIVATE. 


switch  track  from  a point  where  the  southernmost  existing  track  of 
said  company  north  of  Carroll  avenue  crosses  the  east  line  of  North 
Elizabeth  street,  thence  southwesterly  over  and  across  said  North 
Elizabeth  street,  and  over  and  along  the  alley  running  east  and  west 
near  the  center  of  block  4,  of  Sawyer’s  addition  to  Chicago,  to  a point 
in  the  north  end  of  the  west  one-half  of  lot  15,  in  said  block  4,  of  Saw- 
yer’s addition  aforesaid,  as  shown  by  the  plat  hereto  attached  and 
made  a part  hereof. 

IF  2.  Bond — subject  to  ordinances — repair  of  street,  etc. — 
grant  ten  years— removal  of  track,  restoration  of  street.]  § 2. 

The  permission  hereby  given  is  upon  the  following  express  condi- 
tions, to-wit: 

1st.  The  said  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  shall  before  laying  said  switch  track  give  a bond  to  the  city 
of  Chicago  in  the  sum  of  five  thousand  ($5,000)  dollars,  to  be  approved- 
by  the  mayor,  conditioned  to  hold  and  save  harmless  and  to  indem- 
nify the  city  of  Chicago  from  all  damages,  costs  and  expenses  of  every 
nature  and  description  in  consequence  of  the  passage  of  this  ordinance, 
or  which  shall  in  any  wise  grow  out  of  the  construction  and  operation 
of  said  switch  track. 

2nd — The  privilege  herein  granted  shall  be  subject  to  all  ordi- 
nances now  in  force  concerning  railroads,  or  which  may  be  hereafter 
passed  regulating  the  said  switch  track  laid  in  conformity  herewith. 

3rd — The  said  switch  track  shall  be  laid,  constructed  and  main- 
tained in  such  manner  as  shall  be  approved  by  the  commissioner  of 
public  works  and  under  his  direction  and  supervision;  and  the  said 
Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  Company  shall 
improve  and  keep  in  good  repair,  at  its  own  expense,  that  portion  of 
said  street  and  alley  occupied  by  said  track,  also  that  portion  of 
North  Elizabeth  street,  between  said  switch  track  and  the  main  tracks 
of  said  company,  and  also  all  of  said  alley,  from  North  Elizabeth  street 
west  to  the  point  where  said  switch  track  enters  the  west  one-half  of 
lot  15,  block  4,  Sawyer’s  addition  to  Chicago  as  aforesaid,  under  the 
direction  and  in  the  manner  prescribed  by  the  commissioner  of  public 
works. 

4th — This  ordinance  shall  at  all  times  be  subject  .to  amendment  or 
repeal,  and  is  expressly  limited  to  a period  of  ten  (10)  years  from  its 
passage.  At  the  expiration  of  said  ten  years,  or  sooner,  if  this  ordi- 
nance shall  be  repealed,  the  said  railway  company  shall  take  up  and  re- 
move said  track  from  said  street  and  alley  upon  five  days’  notice  by  the 
department  of  public  works,  and  shall  immediately  place  that  portion 
of  said  street  and  alley  theretofore  occupied  by  said  track  in  condition 
to  correspond  with  the  other  parts  of  said  street;  in  default  whereof 
the  city  may  remove  said  track  and  repair  said  street  and  alley  and 
the  expense  shall  be  paid  by  the  said  railway  company. 

t 3.  When  in  force— acceptance.]  § 3.  This  ordinance  shall 
be  in  force  from  and  after  its  acceptance  by  the  said  Pittsburg,  Cin- 


§ 8l3] 


A.  PLAMONDON. 


179.5 


cinnati,  Chicago  & St.  Louis  Railway  Company,  and  the  filing  and 
approval  of  the  bond  above  provided  for;  Provided,  said  acceptance 
shall  be  made  and  said  bond  filed  and  approved  within  thirty  days 
from  the  passage  hereof. 


A.  PLAMONDON. 


IT  i. 
IT  2. 

IT  3. 
IT  4. 


Plamondon. 

Grant  ten  years — route — bond. 

Subject  to  all  railroad  or  other  ordinances. 
Expiration  of  term — duty  of  grantee. 
Acceptance. 


An  ordinance  authorizing  A.  Plamondon  to  lay  down  and  maintain  a switch  or 
railroad  track.  (Passed  April  5,  1893.  Accepted  April  22,  1893.) 

T 1.  Grant  10  years— route— bond.]  Be  it  ordained  by  the 

city  council  of  the  city  of  Chicago:]  § 1.  That  permission  and  au- 
thority are  hereby  granted  to  A.  Plamondon  to  lay  down,  maintain 
and  operate,  for  a period  of  ten  (10)  years  from  the  passage  hereof,  a 
switch  or  railroad  track,  commencing  on  the  east  track  of  the  Chi- 
cago & Northwestern  R.  R.  Co.,  about  one  hundred  feet  (100)  south 
of  Polk  street,  thence  northeasterly  across  West  Polk  street  to  the 
private  property  of  said  A.  Plamondon,  as  per  diagram  submitted 
herewith;  Provided,  that  said  track  shall  be  laid  down  and  maintained 
under  the  direction  and  supervision  of  the  commissioner  of  public 
works;  Provided,  further,  that  said  A.  Plamondon  shall  enter  into 
a bond  to  the  city  of  Chicago,  to  be  approved  by  the  commissioner 
of  public  works,  in  the  penal  sum  of  five  thousand  dollars  ($5,000), 
conditioned  to  hold  the  city  harmless  from  any  and  all  damages,  costs 
and  expenses  whatsoever  in  consequence  of  the  passage  of  this  ordi- 
nance, or  that  may  accrue  or  in  any  way  grow  out  of  the  privileges 
hereby  granted. 

IT  2.  Subject  to  all  railroad  or  other  ordinances.]  § 2.  The 

privileges  hereby  conferred  shall  be  exercised  and  enjoyed  subject  to 
all  railroad  or  other  ordinances  now  in  force  or  which  may  be  here- 
after passed  by  the  city  council. 

IF  3.  Expiration  of  term— duty  of  grantee.]  § 3.  At  the  ex- 
piration of  said  ten  years  (10)  the  said  Plamondon  shall  cause  said 
tracks  to  be  removed,  and,  in  default  thereof,  they  shall  be  removed 
by  the  city  of  Chicago  at  the  expense  of  said  Plamondon. 

IT  4.  Acceptance.  ] § 4.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  A.  Plamondon  and  the 
filing  and  approving  of  the  bond  herein  provided  for,  providing  said 


1796 


SWITCH  TRACKS PRIVATE. 


bond  and  acceptance  be  filed  with  the  city  clerk  of  the  city  of  Chicago 
within  sixty  (60)  days  from  the  passage  of  this  ordinance. 

Note. — See  amendatory  ordinance  following. 

§ 814.  A.  Plamondon. 

1.  Amendatory. 

IF  2.  In  effect,  when. 

An  ordinance  amending  ordinance  granting  switch  track  privileges  to  A.  Pla- 
mondon, passed  April  5,  1893.  (Passed  April  10,  1893.) 

it  1.  Amendatory.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  the  ordinance  passed  April  5th,  granting 
permission  to  A.  Plamondon  to  lay  down,  maintain  and  operate  a 
switch  track  be  amended  so  as  to  read:  “Commencing  on  the  west 

track  of  the  Chicago  & Northwestern  R.  R.  Co.  about  (100)  one 
hundred  feet  north  of  Polk  street,  thence  southwesterly  across  West 
Polk  street  to  the  private  property  of  said  A.  Plamondon  as  per 
diagram  submitted  herewith.” 

if  2.  In  effect,  when.]  § 2.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


A.  PLAMONDON  COMPANY. 

§ 815.  A.  Plamondon  company. 

If  1.  Lexington  street — bond. 

*1T  2.  Grant  ten  years. 

if  3.  When  in  force. 

An  ordinance  granting  permission  and  authority  to  the  A.  Plamondon  company 
to  construct  and  operate  a railroad  track.  (Passed  March  16,  1896.) 

T 1.  Lexington  street— bond.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be 

and  the  same  are  hereby  granted  to  the  A.  Plamondon  Company,  its 
successors  and  assigns,  to  lay  down,  construct,  maintain  and  operate 
a single  railroad  or  switch  track,  beginning  on  the  west  track  of  the 
Chicago  and  Northwestern  Railroad  Company,  about  one  hundred 
(100)  feet  north  of  Lexington  street,  thence  on  a curve  in  a south- 
westerly direction,  across  Lexington  street,  to  the  private  property 
of  the  said  A.  Plamondon  Company,  as  indicated  in  the  diagram 
hereto  annexed;  Provided,  however,  that  said  railroad  or  switch 
track  shall  be  laid  down  and  maintained  under  the  direction  and  super- 
vision of  the  department  of  public  works;  and  provided,  further,  that 
the  said  A.  Plamondon  Company  shall,  before  laying  down  such 
track,  enter  into  a bond  in  the  penal  sum  of  ten  thousand  ($10,000) 


8i6] 


PULLMAN  PALACE  CAR  COMPANY. 


1797 


dollars,  to  be  approved  by  the  commissioner  of  public  works,  con- 
ditioned to  hold  the  city  harmless  from  any  and  all  costs  and  dam- 
ages consequent  to  it  upon  the  passage  of  this  ordinance. 

H 2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  of  this  ordinance. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  the  filing  of  the  bond 
herein  specified,  provided  said  bond  be  filed  within  sixty  (60)  days 
from  the  passage  hereof. 


PULLMAN  PALACE  CAR  COMPANY. 

§ 816.  Pullman  Palace  Car  company. 

IT  1.  Grant  in  perpetuity — route. 

IT  2.  Bond — damages — maintenance  of  crosswalks,  etc. 

An  ordinance  granting  permission  to  the  Pullman  Palace  Car  company  to  lay 
down  and  maintain  a line  of  railroad.  (Passed  and  approved  October  15,  1880.) 

1 1.  Grant  in  perpetuity — route.]  Be  it  ordained  by  the  presi- 
dent and  board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That 
permission  be  and  is  hereby  granted  to  the  Pullman  Palace  Car  Com- 
pany, and  its  assigns,  to  locate,  construct,  lay  down  and  forever  here- 
after operate  with  steam  power  a line  of  railroad  with  one  or  more 
tracks  upon  the  following  route,  viz. : Commencing  on  the  line  of  the 
South  Chicago  and  Western  Indiana  Railroad  in  section  two  (2), 
township  thirty-seven  (37),  north  of  range  fourteen  (14),  east  of  the 
third  principal  meridian,  and  running  south  and  southeasterly  upon 
sections  eleven  (1 1),  fourteen  (14),  fifteen  (15)  and  twenty-two  (22), 
township  thirty-seven  (37),  north  of  range  fourteen  (14),  east  of  the 
third  principal  meridian,  to  a point  of  junction  with  the  tracks  of  the 
Michigan  Central  Railroad  Company  at  Kensington,  Illinois,  with 
the  right  on  the  part  of  said  Pullman  Palace  Car  Company,  and  its 
assigns,  to  occupy  and  cross  all  streets  and  alleys  which  are  neces- 
sary to  be  occupied  or  crossed  in  the  construction  and  maintenance 
of  the  line  of  railroad. 

«!  2.  Bond — damages — maintenance  of  crosswalks,  etc.]  § 2 

This  ordinance  shall  not  take  effect  until  after  said  company  shall 
have  entered  into  a bond  with  or  to  said  village  of  Hyde  Park  in  the 
penal  sum  of  five  thousand  dollars,  conditioned  for  the  payment  of  all 
damages  for  which  said  village  may  become  liable  to  any  person  or 
persons  by  reason  of  said  road  entering  or  running  through  a portion 
of  said  village,  or  by  reason  of  said  company  constructing,  laying 
down,  using  or  occupying  said  railroad  track  or  tracks  within  said 


1798 


SWITCH  TRACKS PRIVATE. 


village,  and  conditioned  also  for  the  payment  of  all  damages  which 
may  arise  to  said  village  of  Hyde  Park,  and  to  any  person  or  persons 
whomsoever,  by  reason  of  said  company  constructing,  laying  down, 
using  and  occupying  said  railroad  track  or  tracks,  or  crossing  said 
streets  or  alleys  within  said  village;  Provided,  said  company  shall 
pay  any  and  all  damages  arising  or  in  any  way  growing  out  of  such 
taking  or  using  such  portion  of  said  streets  or  alleys,  or  any  of  them, 
to  any  and  all  persons  injured  or  damaged  by  the  same,  and  provided 
that  said  company  shall  construct  and  maintain  good  and  conven- 
ient crossings  and  sidewalks,  and  upon  such  grade  or  grades  as  may 
be  from  time  to  time  required  by  the  board  of  trustees,  as  well  as  cat- 
tle guards,  culverts  and  warning  tables  across  their  tracks  and  grounds, 
at  the  intersections  of  all  streets  and  alleys  now  existing,  or  which 
may  hereafter  be  authorized  or  opened  by  said  board,  and  comply 
with  and  be  subject  to  all  laws  and  ordinances  of  said  village  now  in 
force,  or  which  may  hereafter  be  adopted. 


JOHN  PURCELL. 

§ 817.  John  Purcell. 

1.  Washburn  avenue. 

2.  Maintenance  and  operation  of  track. 

Hi  3.  Bond. 

If  4.  Right  of  repeal. 

Hi  5.  Grant  ten  years — removal  of  track. 

An  ordinance  granting  permission  to  John  Purcell  to  construct  and  maintain  a 
switch  track  across  Washburn  avenue.  (Passed  October  28,  1895.) 

Hf  1.  Washburn  avenue.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and 

the  same  are  hereby  granted  to  John  Purcell,  his  heirs  and  assigns,  to 
lay  down,  maintain  and  operate  a single  switch  track  over  and  across 
Washburn  avenue,  from  a point  on  the  north  line  of  lot  12,  in  block 
I,  in  Cook  & Anderson’s  subdivision  of  the  west  half  of  the  northeast 
quarter  of  section  24,  township  39  north,  range  13  east  of  the  third 
principal  meridian,  at  a point  about  166  feet  west  of  the  northeast 
corner  of  the  said  lot  12,  thence  in  a northwesterly  direction  on  and 
across  said  Washburn  avenue  to  the  south  line  of  lot  3,  in  said  block  1, 
in  the  subdivision  aforesaid,  as  said  switch  track  is  now  located  and 
is  shown  upon  the  plat  or  drawing  filed  herewith,  marked  “Exhibit  A,” 
and  made  a part  of  this  ordinance. 

T 2.  Maintenance  and  operation  of  track.]  § 2.  That  the 
rights  and  privileges  hereby  granted  are  upon  the  express  condition 
that  said  track  shall  be  laid  down,  maintained  and  operated  in  such 


§ 8 1 8] 


WILLIAM  H.  PURDY. 


1799 


manner  as  shall  interfere  as  little  as  practicable  with  the  rights  of  the 
public,  and  shall  be  subject  to  all  general  ordinances  now  in  force 
or  hereafter  to  be  passed,  relating  to  the  use  or  operation  of  switch 
tracks,  and  all  work  done  in  pursuance  hereof  shall  be  done  under 
the  direction  and  superintendence  of  the  commissioner  of  public 
works. 

f 3.  Bond.]  § 3.  Thixc  the  permission  hereby  granted  is  upon 
the  further  express  condition  that  the  said  John  Purcell,  his  heirs  and 
assigns,  using  and  operating  the  track  aforesaid,  shall  keep  and  save 
harmless  the  city  of  Chicago  from  any  and  all  damages,  costs  and 
expenses  whatever  arising  out  of  the  use  and  operation  of  the  said 
track,  and  the  said  John  Purcell  shall  give  a bond  with  one  or  more 
sureties,  to  be  approved  by  the  mayor,  in  the  penal  sum  of  $5,000, 
for  the  fulfillment  of  the  conditions  of  this  grant  or  permission. 

4.  Right  of  repeal.]  § 4.  That  this  ordinance  and  the 
privilege  hereby  granted  is  accepted  subject  to  the  right  of  the  city 
council  to  repeal  the  same  whenever  the  use  and  maintenance  of  said 
track  shall  be  a violation  of  any  reasonable  regulation  imposed  by 
the  commissioner  of  public  works  in  relation  thereto,  or  upon  a vio- 
lation of  any  of  the  conditions  hereof. 

T 5.  Grant  10  years — removal  of  track.]  § 5.  That  this 
grant  or  permission  is  hereby  expressly,  limited  to  a period  of  ten  years 
from  the  passage  hereof,  and  at  the  expiration  of  said  ten  years,  or 
sooner,  if  this  ordinance  should  be  repealed,  the  said  John  Purcell, 
his  heirs  or  assigns,  shall  take  up  or  remove  said  track  within  ten  days 
after  notice  by  the  commissioner  of  public  works,  and  in  case  of  failure 
to  comply  with  said  notice,  then  the  city  may  remove  the  same  at  the 
expense  of  the  person  or  persons,  firm  or  corporation,  then  using  the 
same. 


WILLIAM  H.  PURDY. 

§ 818.  William  H.  Purdy. 

1.  Grant  ten  years — conditions. 

2.  In  effect  from  passage. 

An  ordinance  granting  permission  to  William  H.  Purdy  to  construct  and  main- 
tain a railroad  track  across  Emerald  avenue.  (Passed  April  13,  1891.  Ac- 
cepted April  18,  1891.) 

1 1.  Grant  10  years  — conditions.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 
are  hereby  given  and  granted  to  William  H.  Purdy,  and  his  heirs  or 
assigns,  to  lay  down,  construct,  maintain  and  operate,  for  a period  of 
10  years,  a single  railway  track  490  feet  long,  upon  the  property  and 


1800 


SWITCH  TRACKS PRIVATE. 


right  of  way  of  the  Chicago,  St.  Louis  & Pittsburgh  Railroad  Com- 
pany and  across  Emerald  avenue,  between  Fifty-eighth  and  Fifty- 
ninth  streets,  commencing  at  a point  on  the  right  of  way  of  said  rail- 
road company  near  the  east  side  of  Halsted  street  and  running  thence 
east  along  the  property  and  right  of  way  of  said  railroad  company  and 
across  Emerald  avenue  parallel  with  the  track  of  said  railroad  com- 
pany and  connecting  therewith  490  feet  east  of  the  point  of  begin- 
ning; Provided,  that  said  track  shall  be  laid  down  and  maintained 
under  the  direction  and  supervision  of  the  department  of  public  works; 
and  provided,  further,  that  said  William  H.  Purdy,  his  heirs  or  assigns, 
shall  keep  such  portion  of  said  street  as  shall  be  occupied  by  said 
track  in  good  condition  and  repair,  as  may  be  directed  or  required 
by  said  department. 

If  2.  In  effect  from  passage.]  § 2.  This  ordinance  shall  be 
in  force  from  and  after  its  passage. 


R.  RASMUSSEN. 
819.  R.  Rasmussen. 


Bloomingdale  road. 

Laying  and  maintenance  of  tracks. 
Bond. 

Subject  to  all  ordinances. 
Amendment  or  repeal. 

Grant  ten  years — removal  of  track. 


An  ordinance  granting  permission  to  R.  Rasmussen  to  lay  down  and  maintain 
a single  switch  track.  (Passed  October  24,  1887.) 

If  1.  Bloomingdale  road.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and 
the  same  is  hereby  granted  to  R.  Rasmussen  to  lay  down,  maintain 
and  operate  a single  railroad  switch  track  from  the  main  tracks  now 
laid  on  the  street  known  as  the  Bloomingdale  road,  and  operated  by 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  commenc- 
ing at  the  nearest  practical  point  of  said  tracks,  between  Heine  and 
Mozart  streets,  thence  along  and  across  said  Bloomingdale  road,  to 
the  center  of  the  south  line  of  lot  number  twelve  (12),  in  block  seven 
(7),  in  Hansbrough  and  Hess’  subdivision  of  the  east  half  {l/i)  of  the 
southwest  quarter  (K)  of  section  thirty-six  (36),  in  township  forty  (40) 
north,  range  thirteen  (13),  east  of  the  third  (3)  principal  meridian, 
now  a part  of  the  city  of  Chicago. 

IT  2.  Laying  and  maintenance  pf  tracks.]  § 2.  The  said  R. 
Rasmussen,  his  heirs  or  assigns,  are  hereby  required,  and  this  grant 
is  made  on  the  express  condition  that  he  shall  so  lay  down  and  main- 


§ 820] 


REND  & HEALY. 


1801 


tain  said  track  that  it  shall  interfere  as  little  as  practicable  in  the  use 
of  said  street,  and  shall  at  all  times  keep  said  track  in  such  condition 
as  to  allow  the  free  use  and  easy  passage  of  vehicles  along  and  over 
it;  all  of  which  shall  be  done  under  the  superintendence  of  the  com- 
missioner of  public  works. 

If  3.  Bond.]  § 3.  This  permission  or  grant  is  made  upon  the 
further  condition  that  said  R.  Rasmussen,  his  heirs  or  assigns,  shall 
keep  and  save  the  city  harmless  from  all  damages,  costs  and  ex- 
penses whatsoever  arising  out  of  the  use  and  acceptance  of  said  street 
by  said  R.  Rasmussen.  And  said  R.  Rasmussen  shall  give  a bond, 
with  one  or  more  sureties,  to  be  approved  by  the  mayor,  in  the  pend 
sum  of  $S,ooo,  for  the  fulfillment  of  the  conditions  of  this  grant  or 
permission. 

f 4.  Subject  to  all  ordinances.]  § 4.  This  permission  is 
granted  subject  to  all  general  ordinances  concerning  the  railroads 
now  in  force  or  that  may  hereafter  be  passed. 

1 5.  Amendment  or  repeal.]  § 5 This  ordinance  shall  be 
subject  to  amendment  or  repeal  at  any  time  for  a failure  to  comply 
with  any  of  the  conditions  hereof,  or  with  any  order  of  the  commis^ 
sioner  of  public  works,  concerning  the  proper  maintenance  of  said 
tracks. 

If  6.  Grant  10  years — removal  of  track.]  § 6.  This  grant  or 
permission  is  hereby  expressly  limited  to  a period  of  ten  years  from 
the  passage  hereof,  and  at  the  expiration  of  said  ten  years,  or  sooner, 
if  this  ordinance  shall  be  repealed,  the  said  R.  Rasmussen,  his  heirs 
or  assigns,  shall  take  up  and  remove  said  track  within  five  days  after 
notice  by  the  commissioner  of  public  works,  and  in  case  of  failure  or 
refusal  to  comply  with  said  notice,  then  the  city  may  remove  the  same 
at  the  expense  of  R.  Rasmussen,  his  heirs  or  assigns. 


REND  & HEALY. 

§ 820.  Rend  & Healy. 

1.  Hoyne  avenue. 

2.  Use  of  street  not  to  be  interfered  with. 

3.  Cars  not  to  stand,  etc. 

4.  Bond. 

5.  Subject  to  amendment — grant  io  years — removal — restoration 

of  street. 

TT  6.  When  in  force — acceptance. 

An  ordinance  granting  permission  to  Rend  & Healy  to  lay  down  and  operate  a 
switch  track.  (Passed  November  19,  1888.) 

If  1.  Hoyne  avenue.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby  grant- 

114 


1802 


SWITCH  TRACKS PRIVATE. 


[§  820 


ed  to  Ambrose  J.  Rend  and  Anthony  B.  Healy,  doing-  business  under 
the  name  of  Rend  and  Healy,  to  lay  down  and  operate  a railroad 
switch  track,  commencing  at  a point  about  seventy-five  feet  west  of 
the  west  line  of  Hoyne  avenue,  thence  to  the  west  line  of  Hoyne  ave- 
nue at  a point  about  175  feet  north  of  the  north  line  of  Carroll  avenue, 
thence  across  Hoyne  avenue  touching  the  east  line  of  Hoyne  avenue 
to  a point  about  150  feet  north  of  the  north  line  of  Carroll  avenue. 

If  2.  Use  of  street  not  to  be  interfered  with.]  § 2.  The  said 
Rend  and  Healy  are  hereby  required,  and  this  grant  is  made  on  the 
express  condition,  that  they  shall  so  lay  down  and  maintain  said  track 
that  it  shall  interfere  as  little  as  practicable  in  the  use  of  said  street, 
and  shall  at  all  times  keep  said  track  in  such  condition  as  to  allow 
the  free  use  and  easy  passage  of  vehicles  along  and  over  the  same, 
and  that  they  will  also  keep  the  sidewalk  across  said  track  in  good 
condition  and  repair  so  as  not  to  endanger  the  passage  of  pedestrians 
over  the  same,  all  of  which  shall  be  done  under  the  direction  of  the 
department  of  public  works,  and  whenever  the  department  of  public 
works  shall  order  said  track  to  be  repaired  or  placed  in  a safe  con- 
dition for  travel  over  the  same,  then  said  Rend  and  Healy  shall  com- 
ply with  such  order  within  ten  (10)  days  thereafter,  and  in  case  ot  a 
refusal  to  comply  with  such  order,  then  the  department  of  public 
works  may,  without  further  notice,  take  up  and  remove  such  track, 
and  all  rights  hereunder  shall  then  cease  and  determine. 

1 3.  Cars  not  to  stand,  etc.]  § 3.  Said  Rend  and  Healy 
shall  not  at  any  time  permit  any  car  or  cars  to  stand  upon  said  track 
across  Hoyne  avenue  for  a longer  period  than  five  minutes  at  any 
one  time. 

If  4.  Bond.]  § 4.  This  permission  and  authority  is  made  upon 
the  further  condition  that  said  Rend  and  Healy  shall  keep  and  save 
the  city  of  Chicago  harmless  from  all  damages,  costs  and  expenses 
whatsoever  arising  out  of  this  grant,  and  said  Ambrose  J.  Rend  and 
Anthony  B.  Healy  shall  give  a bond,  with  one  or  more  sureties,  to 
be  approved  by  the  mayor,  in  the  penal  sum  of  five  thousand  dollars, 
for  the  fulfillment  of  the  conditions  of  this  grant  or  permission. 

If  5.  Subject  to  amendment— grant  10  years— removal— res- 
toration of  Street.]  § 5.  This  ordinance  shall  be  subject  to  amend- 
ment or  repeal  at  any  time,  and  it  is  expressly  limited  to  a.  period  of 
ten  years  from  the  passage  hereof,  and  at  the  expiration  of  said  ten  (10) 
years,  or  sooner,  if  this  ordinance  should  be  repealed,  then  said  Rend 
and  Healy  shall  take  up  and  remove  said  track  from  Hoyne  avenue 
within  five  (5)  days  after  notice  by  the  department  of  public  works, 
and,  in  case  of  failure  or  refusal  to  comply  with  said  notice,  or  in  case 
said  Rend  and  Healy,  or  either  of  them,  do  not  use  said  track,  then 
the  city  may  remove  the  same  and  place  the  street  where  occupied 
by  said  track  in  such  condition  as  it  may  see  fit  so  as  to  correspond 
to  the  other  parts  of  the  street,  and  the  expense  of  such  removal  or 
of  any  removal  of  said  track  by  the  city  shall  be  paid  by  said  Ambrose 


§ 821] 


PETER  SCHOENHOFEN  BREWING  COMPANY. 


1803 


J.  Rend  and  Anthony  B.  Healy,  their  heirs,  executors  and  adminis- 
trators, jointly  or  severally. 

1 6.  When  in  force— acceptance.]  § 6.  This  ordinance  shall 
be  in  force  from  and  after  its  acceptance  by  said  Rend  and  Healy 
and  the  filing1  of  and  approval  of  the  bond,  provided  for  in  section  four 
hereof,  which  shall  be  done  within  thirty  (30)  days  from  the  passage 
hereof,  and  in  such  acceptance  said  Rend  and  Healy  shall  expressly 
agree  to  all  the  conditions  of  this  ordinance  and  expressly  agree  to 
pay  to  the  city  of  Chicago  all  moneys  it  may  be  compelled  to  pay  for 
or  by  reason  of  granting  this  permission. 


PETER  SCHOENHOFEN  BREWING  COMPANY. 

§ 821.  Peter  Schoenhofen  Brewing  company. 

1.  Route — bond — other  conditions. 

2.  Condition  as  to  laying  of  track. 

IT  3*  Grant  ten  years. 

If  4.  Expiration  of  grant — removal  of  track. 

•ff  5.  When  in  force. 

An  ordinance  authorizing  the  Peter  Schoenhofen  Brewing  company  to  lay  down 
and  maintain  a single  switch  track.  (Passed  January  23,  1893.) 

IT  1.  Route— bond — other  conditions.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 

thority are  hereby  given  and  granted  to  the  Peter  Schoenhofen  Brew- 
ing Company,  a corporation  duly  organized  and  existing  under  and  by 
virtue  of  the  laws  of  the  state  of  Illinois,  and  its  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate  a single  railroad 
switch  track  from  and  connecting  with  the  most  southerly  of  the 
tracks  of  the  Chicago,  Burlington  & Quincy  Railroad  Company, 
situated  in  and  near  West  Sixteenth  street,  at  a point  due  north  of  the 
northeast  corner  of  lot  four  (4),  in  C.  J.  Hull’s  subdivision  of  lot 
two  (2)  in  block  forty-four  (44)  of  the  Canal  Trustees’  subdivision  of 
the  west  half  and  so  much  of  the  southeast  quarter  as  lies  west  of  the 
south  branch  of  the  Chicago  river  of  section  twenty-one  (21),  town- 
ship thirty-nine  (39)  north  of  range  fourteen  (14)  east  of  the  third 
principal  meridian,  and  commencing  from  thence  to  its  warehouses 
and  other  buildings  connected  with  its  plant,  located  between  Bur- 
lington and  Canal  streets,  along  the  following  route,  to  wit:  From 

the  aforesaid  point  in  the  most  southerly  of  the  tracks  of  the  Chicago, 
'Burlington  & Quincy  Railroad  Company,  situated  in  or  near  West 
Sixteenth  street;  thence,  southwesterly  by  the  most  practicable  curve, 
to  the  northeast  corner  of  lot  one  (1)  in  the  aforesaid  subdivision  of 
block  two  (2) ; thence  southerly  to  a turn-table  located  upon  lots  forty- 


1804 


SWITCH  TRACKS PRIVATE. 


[§  821 


three  (43),  forty-four  (44)  and  forty-five  (45)  in  the  same  subdivision 
of  block  two  (2)  of  block  forty-four  (44)  aforesaid;  thence  due  east 
from  the  center  of  said  turn-table  to  the  center  line  of  Seward  street, 
and  at  the  intersection  of  said  route  in  its  course  due  east  from  the 
center  of  said  turn-table,  forking  into  two  (2)  branches  on  said  Seward 
street,  one  branch  turning  to  the  right,  by  the  shortest  practicable 
curve,  and  running  thence  south  through  Seward  street  to  a point  in 
said  street  opposite  the  south  boundary  line  of  lot  nineteen  (19),  in  the 
subdivision  of  lot  four  (4)  in  block  forty-four  (44)  aforesaid,  and  the 
other  branch  turning  by  the  shortest  practicable  curve  to  the  left,  and 
running  thence  north  through  Seward  street  to  a point  fifty  (50)  feet 
south  of  the  south  line  of  West  Sixteenth  street,  and  thence,  by  a 
practicable  curve,  to  the  northeast  corner  of  lot  thirty-one  (31),  in  the 
subdivision  of  lot  one  (1),  in  block  forty-four  (44)  aforesaid,  passing 
across,  through  and  over  intervening  streets  and  alleys  along  said 
route,  as  indicated  upon  the  map  or  plat  of  said  track  hereto  ap- 
pended and  marked  “Exhibit  A.”  Provided,  however,  that  said  track 
shall  be  laid  down  and  maintained  under  the  direction  and  supervision 
of  the  department  of  public  works;  provided,  further,  that  the  said 
Peter  Schoenhofen  Brewing  Company  shall,  before  laying  said  track, 
enter  into  a bond  with  the  city  of  Chicago  in  the  sum  of  ten  thousand 
dollars  ($10,000),  to  be  approved  by  the  mayor,  conditioned  to  hold 
and  save  harmless  the  city  of  Chicago  from  all  damages,  costs  and 
expenses  whatever  which  may  result  from  the  passage  of  this  ordi- 
nance, or  the  exercise  of  any  of  the  privileges  herein  granted;  and 
provided,  further,  that  the  privileges  hereby  granted  shall  be  subject 
to  all  ordinances  now  in  force  concerning  railroads,  or  which  may 
hereafter  be  passed,  and  that  the  said  Peter  Schoenhofen  Brewing 
Company  shall  keep  so  much  of  the  streets  and  alleys  along  the  route 
of  said  track  as  is  crossed  by  said  track  in  good  condition  and  repair, 
as  directed  by  the  department  of  public  works. 

1 2.  Condition  as  to  laying  of  track.]  § 2.  The  said  Peter 
Schoenhofen  Brewing  Company  are  hereby  required  and  this  grant 
is  made  on  the  express  condition  that  it  shall  lay  down  and  operate 
said  track  so  that  it  shall  interfere  a»  little  as  possible  in  the  use  of 
the  streets  and  alleys  along  the  route  thereof  and  shall,  at  all  times, 
keep  said  track  in  such  condition  as  to  allow  the  free  use  and  easy 
passage  of  vehicles  along  and  over  the  same. 

T 3.  Grant  10  years.]  § 3.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  of  this  ordinance. 

1 4.  Expiration  of  grant — removal  of  track.]  § 4.  In  case  of 
the  expiration  of  this  ordinance,  by  lapse  of  time,  said  Peter  Schoen- 
hofen Brewing  Company  shall,  at  its  own  expense,  cause  said  track 
to  be  removed,  and  the  part  or  parts  of  the  streets  and  alleys  along  the 
route  of  said  track,  so  occupied  by  said  track,  to  be  placed  in  such  re- 
pair and  condition  as  the  department  of  public  works  may  require. 

5.  When  in  force,]  § 5.  This  ordinance  shall  be  in  force 


§ 822] 


THE  SEAMAN,  COX  & BROWN  COOPERAGE  COMPANY. 


1805 


and  effect  from  and  after  its  passage  and  the  filing  of  the  bonds  of  the 
Peter  Schoenhofen  Brewing  Company  as  aforesaid. 


THE  SEAMAN,  COX  & BROWN  COOPERAGE  COMPANY. 

§ 822  The  Seaman,  Cox  & Brown  Cooperage  company. 

1.  Connect  with  switch  track  of  C. , St.  L.  & Pittsburg  Railroad 

company. 

2.  Conditions. 

If  3-  Bond. 

IT  4.  Grant  ten  years. 

•jj  5.  Subject  to  modification,  etc. 

6.  Expiration  of  grant — removal  of  track. 

^T  7-  Acceptance. 

An  ordinance  authorizing  the  Seaman,  Cox  & Brown  Cooperage  company  to  con- 
struct and  maintain  a single^ railroad  switch  track.  (Passed  March  2,  1891. 
Accepted  March  10,  1891.) 

1 1.  Connect  with  switch  track  of  C.  St.  L.  and  Pittsburg  R.  R. 
Company.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  and  authority  is  hereby  granted  to  The  Sea- 
man, Cox  & Brown  Cooperage  Company,  a corporation  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the  state  of  Illinois,  to 
lay  down,  construct,  maintain  and  operate  a single  railroad  switch 
track,  from  and  connecting  with  the  switch  steam  track  of  the  Chica- 
go, St.  Louis  and  Pittsburg  Railroad  Company,  situate  in  the  Leavitt 
street  yard  of  said  railroad  company,  from  a point  on  the  south  line  of 
the  north  alley  in  block  thirty-eight  (38)  of  the  Canal  Trustees  subdi- 
vision of  section  seven  (7),  township  thirty-nine  (39)  north,  range  four- 
teen (14)  east  of  the  third  P.  M.,  about  one  hundred  and  forty-five  (145) 
feet  east  of  the  east  line  of  Leavitt  street  in  the  city  of  Chicago,  thence 
northeasterly  to  the  north  line  of  said  alley  at  a point  about  two  hun- 
dred feet  east  of  the  east  line  of  said  Leavitt  street. 

*[f  2.  Conditions.]  § 2.  The  said  Seaman,  Cox  & Brown  Coop- 
erage Company  are  hereby  required  and  this  grant  is  made  on  the  ex- 
press condition  that  it  shall  so  lay  down  and  operate  said  track  so  that 
it  shall  interfere  as  little  as  possible  in  the  use  of  said  alley  and  shall, 
at  all  times,  keep  said  track  in  such  condition  as  to  allow  the  free  use 
and  easy  passage  of  vehicles  along  and  over  the  same,  and  shall  keep 
the  whole  of  the  said  alley  occupied  by  said  track  in  good  condition 
and  repair  and  in  such  condition  as  may  be  directed  by  the  commis- 
sioner of  public  works;  and  said  track  shall  be  laid  and  maintained 
under  the  direction  and  supervision  of  the  commissioner  of  public 
works;  and  in  case  said  Seaman,  Cox  & Brown  Cooperage  Company 
shall  fail  to  keep  the  same  in  repair  or  place  said  alley  as  aforesaid  in 


1806 


SWITCH  TRACKS PRIVATE. 


[§822 


such  condition  and  repair  as  hereinabove  provided  and  the  commis- 
sioner of  public  works  shall  direct,  then  the  commissioner  of  public 
works  may  repair  the  same  or  place  the  said  alley  as  aforesaid  in 
proper  repair,  and  the  expense  thereof  shall  be  paid  by  said  Seaman, 
Cox  & Brown  Cooperage  Company 

IT  3.  Bond.]  § 3.  This  permission  is  granted  on  the  express 
condition  that  said  Seaman,  Cox  & Brown  Cooperage  Company  snail 
keep  and  save  harmless  the  city  of  Chicago  from  all  damages,  costs 
and  expenses  whatsoever  arising  out  of  this  grant,  and  said  Seaman, 
Cox  & Brown  Cooperage  Company  shall,  before  laying  said  track, 
enter  into  a bond  with  the  city  of  Chicago  in  the  penal  sum  of  ten 
thousand  dollars,  with  one  or  more  sureties,  to  be  approved  by  the 
mayor,  conditioned  to  hold  and  save  the  city  of  Chicago  harmless 
from  all  damages,  costs  and  expenses  whatsoever  in  consequence  of 
the  passage  of  this  ordinance,  granting  the  privileges  hereinbefore 
mentioned,  and  conditioned  to  fulfill,  comply  and  abide  by  all  the  re- 
strictions and  obligations  imposed  by  said  ordinance  on  the  said 
Seaman,  Cox  & Brown  Cooperage  Company 

IT  4.  Grant  10  years.]  § 4.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  hereof. 

1 5.  Subject  to  modification,  etc.]  § 5.  This  ordinance  is  also 
passed  with  the  express  reservation  that  it  shall,  at  any  time  before 
the  expiration  of  said  ten  years,  be  subject  to  modification,  amend- 
ment or  repeal,  and  in  case  of  repeal  the  privileges  hereby  granted 
shall  cease  and  determine 

IT  6.  Expiration  of  grant— removal  of  track.]  § 6.  In  case 

of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of 
repeal  of  this  ordinance,  said  Seaman,  Cox  & Brown  Cooperage  Com- 
pany shall,  at  its  own  expense,  cause  said  track  to  be  removed  and  the 
part  of  said  alley  so  occupied  by  said  track  to  be  placed  in  such  repair 
and  condition  as  the  commissioner  of  public  works  may  require;  and 
if  said  Seaman,  Cox  & Brown  Cooperage  Company  shall  fail  to  so 
remove  said  track  and  so  restore  said  alley,  as  hereinabove  provided, 
then  the  city  of  Chicago,  by  said  commissioner  of  public  works,  may 
restore  said  track  and  restore  the  part  of  said  alley  occupied  by  said 
track  to  such  condition  as  it  may  elect,  at  the  expense  and  cost  of  said 
Seaman,  Cox  & Brown  Cooperage  Company,  which  cost  and  expense 
of  removing  said  track  and  so  restoring  said  alley  said  Seaman,  Cox  & 
Brown  Cooperage  Company,  in  accepting  this  ordinance,  shall  agree 
to  pay  on  demand. 

IT  7.  Acceptance.]  § 7.  This  ordinance  shall  be  in  force  and 
effect  from  and  after  its  passage  and  acceptance  by  said  Seaman, 
Cox  & Brown  Cooperage  Company  and  the  filing  of  its  bond  as  afore- 
said, such  acceptance  and  bond  to  be  filed  within  thirty  days  after  the 
passage  hereof. 


§823] 


GEORGE  A.  SEAVERNS. 


1807 


GEORGE  A.  SEAVERNS. 

g 823.  George  A.  Seaverns. 

1.  Two  tracks  across  Thirty-third  street. 

2.  Laying  and  repair  of  track— failure  to  observe  conditions. 

Tf  3.  Cars  not  to  stand. 

if  4.  Bond. 

if  5.  Grant  ten  years — removal  of  tracks  after  expiration  of  term. 

if  6.  Acceptance. 

An  ordinance  authorizing  George  A.  Seaverns  to  lay  down  and  operate  certain 
switch  tracks.  (Passed  January  5,  1893.  Accepted  January  16,  1893.) 

T 1.  Two  tracks  across  Thirty-third  street.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  are  hereby  given  to  George  A.  Seaverns,  the  proprietor  of 
the  Mabbatt  Elevator,  to  lay  down  and  operate  two  switch  tracks 
across  Thirty-third  street  and  connecting  the  two  switch  tracks  owned 
by  said  Seaverns  and  located  on  block  15  in  the  Canal  Trustees^  sub- 
division of  the  east  half  of  section  31  in  township  39  north,  range  14 
east  of  the  third  principal  meridian,  with  the  two  switch  tracks 
owned  by  said  Seaverns,  located  on  block  6 in  said  Canal  Trustees’ 
subdivision,  such  connection  to  be  made  by  extending  said  switch 
tracks  so  located  on  said  block  15  in  a direct  line  to  meet  said  switch 
tracks  located  on  said  block  6. 

If  2.  Laying  and  repair  of  track — failure  to  observe  condi- 
tions.] § 2.  The  said  George  A.  Seaverns  is  hereby  required  and 
this  grant  is  made  upon  the  express  condition  that  he  shall  so  lay 
down  and  maintain  said  tracks  that  they  shall  interfere  as  little  as 
practicable  in  the  use  of  said  Thirty-third  street  and  shall,  at  all  times, 
keep  said  tracks  in  such  condition  as  to  allow  the  free  use  and  easy 
passage  of  vehicles  along  and  over  the  same,  and  that  he  will  also 
keep  the  sidewalk  across  said  tracks  in  good  condition  and  repair  so  as 
not  to  endanger  the  passage  of  pedestrians  over  the  same,  all  of  which 
shall  be  done  under  the  direction  of  the  department  of  public  works, 
and  whenever  the  department  of  public  works  shall  order  said  tracks 
to  be  repaired  or  placed  in  a safe  condition  for  travel  over  the  same, 
then  said  George  A.  Seaverns  shall  comply  with  such  order  within 
ten  (10)  days  thereafter;  and  in  case  of  a refusal  to  comply  with  such 
order,  then  the  department  of  public  works  may,  without  further 
notice,  take  up  and  remove  such  tracks,  and  all  rights  hereunder  shall 
then  cease  and  determine 

If  3.  Cars  not  to  stand.]  § 3.  Said  George  A.  Seaverns  shall 
not  at  any  time  permit  any  car  or  cars  to  stand  upon  said  tracks  in 
said  street 

If  4.  Bond.]  § 4.  This  permission  and  authority  are  made  upon 
the  further  condition  that  said  George  A.  Seaverns  shall  keep  and 
save  the  city  of  Chicago  harmless  from  all  damages,  costs  and  ex- 
penses whatsoever  arising  out  of  this  grant,  and  said  George  A. 
Seaverns  shall  give  a bond,  with  one  or  more  sureties  to  be  approved 


1808  SWITCH  TRACKS — PRIVATE.  [§  824 

by  the  mayor,  in  the  penal  sum  of  five  thousand  dollars  ($5,000),  for 
the  fulfillment  of  the  conditions  of  this  grant  or  permission. 

1 5,  Grant  10  years— removal  of  tracks  after  expiration  of 
term.]  . § 5.  This  ordinance  shall  be  subject  to  amendment  or  repeal 
at  any  time  and  is  expressly  limited  to  a period  of  ten  years  from  the 
passage  hereof,  and  at  the  expiration  of  said  ten  (10)  years,  or  sooner, 
if  this  ordinance  should  be  repealed,  then  said  George  A.  Seavems 
shall  take  up  and  remove  said  tracks  from  Thirty-third  street  within 
five  (5)  days  after  notice  by  the  department  of  public  works  and,  in 
case  of  failure  or  refusal  to  comply  with  said  notice,  or  in  case  said 
George  A.  Seaverns  does  not  use  said  tracks,  then  the  city  may  re- 
move the  same  and  place  the  street  which  is  occupied  by  said  tracks 
in  such  condition  as  it  may  see  fit,  so  as  to  correspond  to  the  other 
parts  of  the  street,  and  the  expense  of  such  removal,  or  of  any  re- 
moval of  said  tracks  by  the  city,  shall  be  paid  by  said  George  A.  Sea- 
verns, his  heirs,  executors  and  administrators. 

IT  6.  Acceptance.]  § 6.  This  ordinance  shall  be  in  force  from 
and  after  its  acceptance  by  said  George  A.  Seaverns  and  the  filing 
and  approval  of  the  bond  provided  for  in  section  4 hereof,  which  shall 
be  done  within  thirty  (30)  days  from  the  passage  hereof,  and  in  such 
acceptance  said  George  A.  Seaverns  shall  expressly  agree  to  all  the 
conditions  of  this  ordinance  and  expressly  agree  to  pay  to  the  city 
of  Chicago  all  moneys  it  may  be  compelled  to  pay  to,  for  or  by  reason 
of  granting  this  permission. 


JOHN  G SHORTALL. 

§ 824.  John  G.  Shortall. 

1.  Grant  ten  years — condition. 

TJ  2.  Bond. 

TT  3.  In  effect  from  passage. 

An  ordinance  authorizing  John  G.  Shortall  to  lay  down  and  maintain  a single 
railroad  track.  (Passed  March  7,  1892.) 

1 1.  Grant  10  years— condition.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  Permission  and  authority  are 

hereby  given  to  John  G.  Shortall  to  lay  down,  maintain  and  operate 
a temporary  single  railroad  track,  to  connect  with  the  tracks  of  the 
Chicago,  Burlington  & Quincy  Railroad  Company  at  or  near  the 
northwest  corner  of  the  block  in  the  city  of  Chicago  bounded  by 
Brown,  Nineteenth  and  Johnson  streets  and  Nineteenth  place,  south 
across  Nineteenth  place  and  the  east  and  west  alley  in  the  block 
bounded  by  Brown,  Twentieth  and  Johnson  streets  and  Nineteenth 
place,  to  the  south  line  of  said  Twentieth  street,  for  a period  of  ten 
years  from  the  passage  of  this  ordinance;  Provided,  that  said  track 


§ 825] 


SILVER  CREEK  & MORRIS  COAL  COMPANY. 


1809 


shall  be  laid  down  and  maintained  under  the  direction  and  supervision 
of  the  commissioner  of  public  works. 

If  2.  Bond.]  § 2.  The  said  John  G.  Shortall,  before  laying  the 
said  track,  shall  enter  into  a bond  with  the  city  of  Chicago  in  the 
penal  sum  of  $io,ooo,  with  good  and  sufficient  sureties  to  be  approved 
by:  the  mayor,  to  hold  the  city  harmless  from  any  and  all  damages, 
costs  and  expenses  whatsoever  in  consequence  of  the  passage  of  this 
ordinance,  or  that  may  accrue  or  in  any  way  grow  out  of  the  privilege 
hereby  granted,  and  for  the  removal  of  said  track  immediately  upon 
the  expiration  of  the  time  aforesaid,  leaving  said  Nineteenth  place  and 
said  east  and  west  alley  in  as  good  condition  as  they  are  at  the  date 
thereof. 

If  3.  In  effect  from  passage.]  § 3.  This  ordinance  shall  be 
in  force  from  and  after  its  passage. 


SILVER  CREEK  & MORRIS  COAL  COMPANY. 

§ 825.  Silver  Creek  & Morris  Coal  company. 

IT  1.  Lumber  street — grant  ten  years — bond. 

TT  2.  Acceptance. 

An  ordinance  authorizing  the  Silver  Creek  & Morris  Coal  company  to  lay  down 
and  operate  a single  side  track.  (Passed  June  8,  L891.) 

IT  1.  Lumber  street — grant  10  years — bond.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 
authority  is  hereby  granted,  for  a period  of  ten  years  from  the  passage 
of  this  ordinance,  to  the  Silver  Creek  & Morris  Coal  Company  to  lay 
down,  construct  and  operate  a private  single  side  track  from  and 
connecting  with  the  main  tracks  of  the  Pittsburg,  Fort  Wayne  and 
Chicago  Railroad  at  the  intersection  of  Stewart  avenue  and  Lumber 
street,  westerly  on  the  south  side  of  Lumber  street  to  the  east  line  of 
Canal;  Provided,  that  before  laying  such  track  said  Silver  Creek  & 
Morris  Coal  Company  shall  enter  into  a bond  to  the  city  of  Chicago, 
with  good  and  sufficient  sureties,  in  the  penal  sum  of  ten  thousand 
dollars  ($10,000),  to  be  approved  by  the  commissioner  of  public  works, 
conditioned  to  save  the  said  city  harmless  from  any  and  all  damage 
which  may  arise  from  or  grow  out  of  the  privileges  hereby  granted  or 
the  laying  or  operating  of  said  track. 

T 2.  Acceptance.]  § 2.  This  ordinance  shall  be  in  force  from 
and  take  effect  when  it  shall  have  been  accepted  by  said  Silver  Creek 
& Morris  Coal  Company  and  said  bond  filed  and  approved;  Provided, 
said  acceptance  and  bond  be  filed  within  thirty  days  from  the  passage 
thereof. 


1810 


SWITCH  TRACKS PRIVATE. 


[§  826 


EDGAR  M.  SNOW  & CO. 

§ 826.  Edgar  M.  Snow  & Co. 

IT  1.  Carroll  avenue  and  Sangamon  street. 

II  2.  Track — conditions  pertaining  to. 
it  3.  Bond. 

IT  4-  Right  to  repeal. 

it  5.  Grant  ten  years — removal  of  track. 

An  ordinance  granting  permission  to  Edgar  M.  Snow  & Co.  to  construct  and 

maintain  a single  switch  track  across  Carroll  avenue.  (Passed  March  29, 

1895.) 

T 1.  Carroll  avenue  and  Sangamon  street.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  au- 
thority be  and  the  same  is  hereby  granted  to  Edgar  M.  Snow  & Co., 
and  their  assigns,  to  lay  down,  maintain  and  operate  a single  railroad 
switch  track  from  the  tracks  of  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company,  in  block  four  (4),  Carpenter’s  addition  to  Chicago, 
over  and  across  Carroll  avenue  and  Sangamon  street,  in  and  upon 
block  fifteen  (15)  of  said  Carpenter’s  addition 

T 2.  Track,  conditions  pertaining  to.]  § 2.  That  the  rights 
and  privileges  hereby  granted  are  upon  the  express  condition  that 
said  track  shall  be  laid  down,  maintained  and  operated  in  such  man- 
ner as  shall  interfere  as  little  as  practicable  with  the  rights  of  the  pub- 
lic, and  shall  be  subject  to  all  general  ordinances  now  in  force  or  here- 
after to  be  passed  relating  to  the  use  or  operation  of  switch  tracks, 
and  all  work  done  in  pursuance  hereof  shall  be  done  under  the  direc- 
tion and  superintendence  of  the  commissioner  of  public  works. 

IT  3.  Bond.]  § 3.  That  the  permission  hereby  granted  is  upon 
the  further  express  condition  that  the  said  Edgar  M.  Snow  & Co., 
and  their  assigns,  using  and  operating  the  track  aforesaid,  shall  keep 
and  save  harmless  the  city  of  Chicago  from  any  and  all  damages,  costs 
and  expenses  whatever  arising  out  of  the  use  and  operation  of  said 
track,  and  the  said  Edgar  M.  Snow  & C'o.  shall  give  a bond,  with  one 
or  more  sureties,  to  be  approved  by  the  mayor,  in  the  penal  sum  of 
five  thousand  dollars  ($5,000),  for  the  fulfillment  of  the  conditions  of 
this  grant  or  permission 

1 4.  Right  of  repeal.]  § 4.  That  this  ordinance  and  the  privi- 
lege hereby  granted  is  accepted  subject  to  the  right  of  the  city  council 
to  repeal  the  same,  whenever  the  use  and  maintenance  of  said  track 
shall  be  in  violation  of  any  reasonable  regulation  imposed  by  the  said 
commissioner  of  public  works  in  relation  thereto,  or  upon  a violation  of 
any  of  the  conditions  hereof. 

5.  Grant  10  years— removal  of  track.]  § 5.  That  this  grant 
or  permission  is  hereby  expressly  limited  to  a period  of  ten  (10)  years 
from  the  passage  hereof,  and  at  the  expiration  of  said  ten  (10)  years, 
or  sooner,  if  this  ordinance  should  be  repealed,  the  said  Edgar  M. 
Snow  & Co.,  their  successors  or  assigns,  shall  take  up  and  remove 
said  track  within  five  days  after  notice  by  the  commissioner  of  public 
works,  and  in  case  of  failure  or  refusal  to  comply  with  said  notice, 


§8*7] 


STAR  COAL  COMPANY. 


1811 


then  the  city  may  remove  the  same  at  the  expense  of  the  person  or 
persons,  firm  or  corporation  then  using  the  same. 


STAR  COAL  COMPANY. 

§ 827.  Star  Coal  company. 

*i]  1.  Route. 

2.  Privileges  conferred, 
it  3.  Indemnity  clause, 
it  4.  City  supervise  work, 
it  5.  Acceptance. 

An  ordinance  granting  permission  to  the  Star  Coal  company,  a corporation  of 
the  state  of  Illinois,  to  construct,  maintain  and  operate  a private  side  track 
from  the  east  main  track  of  the  Chicago,  Evanston  & Lake  Superior  Rail- 
way company  upon  Hawthorne  avenue  to  and  across  Blackhawk  street,  in 
the  city  of  Chicago.  (Passed  September  25,  1893.  Accepted  October  6, 

1893.) 

IT  1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and- authority  are  hereby  granted  to 
the  Star  Coal  Company,  and  its  successors  or  assigns,  to  construct, 
maintain  and  operate  a private  side  track  from  a point  in  the  east 
main  track  of  the  Chicago,  Evanston  & Lake  Superior  Railway  Com- 
pany upon  Hawthorne  avenue,  opposite  lot  28,  block  45,  Elston  addi- 
tion to  Chicago,  and  running  thence  southerly  along  the  east  side  of 
Hawthorne  avenue  to  and  across  Blackhawk  street  and  thereupon 
entering  the  northwesterly  corner  of  block  57,  Elston  addition  to 
Chicago,  as  shown  upon  the  plat  hereto  attached. 

T 2.  Privileges  conferred.]  § 2.  The  said  Star  Coal  Company 
may  receive  cars  from  and  deliver  cars  to  the  Chicago,  Milwaukee  & 
St.  Paul  Railway  Company,  lessees  of  the  Chicago,  Evanston  & Lake 
Superior  Railway,  upon  said  track  hereby  authorized,  subject  to  all 
general  ordinances  of  the  city  of  Chicago  concerning  railroads  now 
in  force  or  which  may  be  hereafter  passed  and  approved. 

1 3.  Indemnity  clause.]  § 3.  The  permission  and  authority 
hereby  granted  are  upon  the  express  condition  that  the  said  Star  Coal 
Company,  its  successors  and  assigns,  shall  and  will  forever  indemnify 
and  save  harmless  the  city  of  Chicago  against  and  from  any  and  all 
damages,  judgments,  decrees  and  costs  and  expenses  of  the  same 
which  it  may  suffer  or  which  may  be  recovered  or  obtained  against 
said  city  for  or  by  reason  of  the  granting  of  such  privileges  and  author- 
ity, or  for  or  by  reason  of  or  growing  out  of  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  connected  therewith 
or  with  the  exercise  bv  said  company  of  the  privileges  hereby  granted, 
f 4.  City  supervise  work.]  ' § 4.  All  work  which  shall  be 


1812 


SWITCH  TRACKS PRIVATE. 


[§828 


done  under  and  by  authority  of  the  privileges  granted  by,  or  the 
conditions  of  this  ordinance,  shall  be  under  the  direction  of  the  com- 
missioner of  public  works,  and  shall  be  done  in  a manner  satisfactory 
to  him  and  at  the  sole  cost  and  expense  of  said  Star  Coal  Company. 

If  5.  Acceptance.]  § 5.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  approval  and  its  acceptance 
in  writing  by  said  Star  Coal  Company ; Provided,  however,  that  such 
acceptance  shall  be  filed  with  the  city  clerk  within  thirty  (30)  days 
after  the  approval  of  this  ordinance. 


GEORGE  STEELE  AND  ISAAC  TAYLOR. 

§ 828.  George  Steele  and  Isaac  Taylor. 

If  1.  Route. 

If  2.  Street  planking — build  culverts  and  repair  streets — bond. 

*f  3.  Subject  to  ordinances. 

<lf  4.  When  in  force. 

An  ordinance  granting  permission  to  George  Steele  and  Isaac  Taylor  to  lay 
down  and  operate  a railroad  track.  (Passed  September  7,  1863.) 

T 1.  Route.]  Be  it  ordained  by  the  common  council  of  the  city 
of  Chicago:  § 1.  That  permission  is  hereby  granted  to  George  Steele 
and  Isaac  Taylor  to  lay  down  and  operate  a railroad  track  across  all 
intervening  streets  from  their  elevator,  situated  on  lots  8,  9 and  10 
in  block  4 of  the  canal  addition  to  Chicago,  to  the  track  or  tracks 
of  the  Chicago,  Alton  and  St.  Louis  and  the  Fort  Wayne  and  Chi- 
cago Railroads,  on  the  most  direct  practicable  route,  for  the  purpose 
of  removing  grain  to  and  from  said  elevator,  and  none  other.  But 
it  is  expressly  understood  that  the  city  of  Chicago  does  not  undertake 
to  obtain  for  said  Steele  and  Taylor  any  right  of  way,  or  other  right, 
privilege  or  easement  not  now  in  the  power  of  said  city  to  grant  or 
confer,  or  to  assume  any  liability  or  responsibility  for  the  acts  of  the 
said  George  Steele  and  Isaac  Taylor,  or  their  successors. 

1 2.  Streets  planking— build  culverts  and  repair  streets— bond.] 
§ 2.  The  permission  hereby  granted  is  with  the  following  express 
conditions,  to  wit: 

First.  That  the  said  Steele  and  Taylor,  or  their  successors,  shall, 
at  their  own  expense,  plank  the  carriage-wav  of  all  streets  across 
which  their  track  or  tracks,  when  so  laid,  shall  pass,  to  the  width  of 
twenty-four  feet,  on  the  line  of  all  such  streets,  and  extending  from 
a point  not  less  than  twenty  feet  from  the  outside  rail  on  the  one  side 
of  said  track  or  tracks,  to  a point  not  less  than  twenty  feet  from  the 
outside  rail  on  the  other  or  opposite  side  of  said  track  or  tracks,  and 
said  rails  and  planking  shall  be  so  laid  that  teams,  carriages  and  all 


§ 829] 


DAVID  A.  STEVENS. 


1813 


other  vehicles  can  easily  and  freely  cross  said  track  or  tracks  with  the 
least  obstruction  possible,  and  shall  at  all  times  keep  said  planking 
and  street  and  railroad  crossings  in  good  order  and  repair. 

Second.  That  the  said  Steele  and  Taylor,  and  their  successors, 
shall,  at  their  own  expense,  and  subject  to  the  direction  of  the  board 
of  public  works,  build  good  and  substantial  culverts,  and  keep  the 
same  in  good  order  and  repair,  on  all  streets  where  their  track  or  tracks 
pass  over  or  intersect  any  street  or  alley. 

Third.  That  the  said  Steele  and  Taylor,  for  themselves  and  their 
successors,  shall  enter  into  a good  and  sufficient  bond  with  the  city  of 
Chicago,  conditioned  that  they  will  indemnify  the  city  for  any  damage 
and  expense  to  which  it  may  be  legally  subjected  by  reason  of  the 
occupying  of  any  of  the  streets  or  alleys  of  the  city  with  their  tracks 
or  other  fixtures. 

If  3.  Subject  to  ordinances.]  § 3.  The  said  George  Steele  and 
Isaac  Taylor,  and  their  successors,  shall  be  subject  to  all  laws  and  ordi- 
nances that  are  now  in  force,  or  may  hereafter  be  passed,  to  regulate 
railroads  within  this  city. 

Tf  4.  When  in  force.]  § 4.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 


DAVID  A.  STEVENS. 

§ 829.  David  A.  Stevens. 

T]  1.  Wallace  street — grant  ten  years. 

2.  Subject  to  existing  ordinances — bond. 

•jf  3.  Removal  of  track. 

4.  When  in  force. 

An  ordinance  granting  permission  to  David  A.  Stevens  to  lay  down  and  operate 

a switch  track  across  Wallace  street,  in  Beck’s  subdivision  to  Chicago. 

(Passed  November  n,  1895.) 

1 1.  Wallace  street— grant  10  years.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § 1.  That  permission  and  author- 
ity be  and  the  same  are  hereby  granted  to  David  A.  Stevens,  his  suc- 
cessors and  assigns,  to  lay  down  a single  switch  track,  from  the  tracks 
of  the  Chicago  and  Western  Indiana  Railroad,  across  Wallace  street, 
from  lots  four  to  eight  of  block  1,  of  L.  W.  Beck’s  subdivision  to 
Chicago,  in  the  southwest  quarter  (S.  W.  J4)  of  the  southwest  quarter 
(S.  W.  of  section  twenty-one  (21),  town  thirty-eight  (38),  range 
fourteen  (14),  east  of  the  third  principal  meridian,  and  to  operate  and 
maintain  the  same  for  a period  of  ten  years  from  and  after  the  passage 
hereof. 


1814 


SWITCH  TRACKS PRIVATE. 


[§  830 


If  2.  Subject  to  existing  ordinances— bond.]  § 2.  The  per- 

mission and  authority  hereby  granted  is  subject  to  all  existing  ordi- 
nances of  the  city  of  Chicago,  or  ordinances  which  may  hereafter  be 
passed,  relating  to  the  use  and  operation  of  switch  tracks,  and  is 
granted  upon  the  express  condition  that  the  said  track  shall  be  laid 
down  and  maintained  under  the  supervision  and  direction  of  the  com- 
missioner of  public  works  of  the  city  of  Chicago,  and  said  Stevens  or 
his  successors  shall  keep  such  portion  of  the  said  street  as  is  occupied 
by  said  track  in  good  condition  and  repair,  so  as  not  to  interfere  with 
public  travel. 

This  permission  and  authority  is  made  upon  the  further  condition 
that  said  David  A.  Stevens  shall  give  bond  in  the  sum  of  ten  thou- 
sand dollars,  with  two  sureties,  to  be  approved  by  the  mayor,  con- 
ditioned to  keep  the  city  of  Chicago  harmless  of  and  from  all  damages, 
costs  and  expenses  whatsoever  arising  from  this  grant. 

1"  3.  Removal  of  track.]  § 3.  Upon  the  termination  of  the 
right  herein  granted,  the  said  track  shall  be  removed  without  expense 
or  cost  to  the  city  of  Chicago,  and  upon  the  failure  of  said  Stevens, 
his  successors  and  assigns,  to  remove  the  same,  the  commissioner 
of  public  works  shall  be,  and  is  hereby,  authorized  to  remove  the 
same  at  the  expense  of  the  person  or  corporation  then  using  and  ope- 
rating the  same. 

The  location  of  said  proposed  tracks  is  more  specifically  placed  on 
a plat  hereto  attached. 

4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication. 


STREET’S  STABLE  CAR  LINE. 

§ 830.  Street’s  Stable  Car  line. 

Tf  1.  Forty-seventh  and  Forty-eighth  streets. 

2.  Use  limited  to  company  exclusively. 

TI  3.  Rights  not  assignable  or  transferable — forfeiture  for  non-user 
— removal  of  tracks. 

•ff  4.  Plank  crossings  and  repair  streets — viaducts. 

5.  Construction  and  maintenance  of  drains,  culverts  and  sewers. 
TJ  6.  Bond,  renewal  of. 

•[[  7.  When  in  force — acceptance — right  of  town  to  repeal. 

An  ordinance  concerning  “Street’s  Stable  Car  line.”  (Adopted  August  30,  1887. 
Bond  filed  and  approved  March  30,  1889.) 

f 1.  Forty-seventh  and  Forty-eighth  streets.]  Be  it  ordained 

by  the  board  of  trustees  of  the  town  of  Lake:  § 1.  That  permission 
and  authority  be  and  the  same  are  hereby  granted  to  “Street’s  Stable 


§ 830] 


street’s  stable  car  line. 


1815 


Car  Line”  to  lay  down,  maintain  and  operate  two  private  railroad 
tracks  not  more  than  eight  feet  apart  across  47th  and  48th  streets 
at  grade  and  right  angles  thereto  in  the  town  of  Lake,  the  said  two 
tracks  to  cross  47th  street  as  follows:  The  westermost  track  being 

not  more  than  275  feet  west  of  the  westermost  track  of  the  Union 
Stock  Yards  and  Transit  Company’s  tracks  now  laid  across  said  47th 
street,  said  two  tracks  to  cross  said  48th  street  at  any  point  in  said 
48th  street  east  of  a point  141  feet  east  of  the  east  line  of  Morgan 
street  and  west  of  a point  320  feet  east  of  the  east  line  of  said  Morgan 
street. 

T 2.  Use  limited  to  company  exclusively.]  § 2.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  express  condition  that 
the  said  railroad  tracks  shall  be  used  exclusively  for  the  purpose  of 
transporting  and  moving  by  steam  power  the  cars  of  said  “Street’s 
Stable  Car  Line”  to  and  from  the  Union  Stock  Yards  and  the  con- 
struction and  repair  shops  of  said  “Street’s  Stable  Car  Line,”  situated 
on  the  land  and  premises  lying  south  of  the  south  line  of  47th  street, 
north  of  the  north  line  of  49th  street  extended,  east  of  the  east  line  of 
Morgan  street,  and  west  of  the  railroad  lands  and  right  of  way  of  the 
Union  Stock  Yards  and  Transit  Company,  and  more  particularly 
shown  on  the  plat  hereto  attached. 

1 3.  Rights  not  assignable  or  transferable— forfeiture  for  non- 
user— removal  of  tracks.]  § 3.  The  rights  and  privileges  hereby 
granted  are  upon  the  express  condition  that  the  same  shall  not  be 
assignable  or  transferable  in  any  form  or  manner  whatsoever;  that  in 
case  the  said  construction  and  repair  shops  of  the  said  “Street’s  Stable 
Car  Line”  should  at  any  time  be  abandoned  or  discontinued  by  said 
company,  or  in  case  said  company  should  cease  to  operate  said  works 
for  a period  of  six  months,  the  said  tracks  across  said  47th  and  48th 
streets  shall  be  taken  up  and  removed  by  said  company,  upon  the 
written  request  of  the  board  of  trustees  of  the  town  of  Lake,  within 
sixty  days  from  the  date  thereof;  and  in  case  of  the  neglect  or  refusal 
of  the  said  company  to  take  up  and  remove  its  said  tracks  across  said 
47th  and  48th  streets  within  the  said  time  above  specified,  upon  being 
requested  so  to  do  by  the  board  of  trustees  of  the  town  of  Lake,  the 
said  town  of  Lake  may  take  up  and  remove  the  same  and  recover  of 
said  company,  by  any  suit  or  action  it  may  deem  advisable,  the  cost 
and  expense  of  such  removal. 

T 4.  Plank  crossings  and  repair  streets — viaducts.]  § 4.  The 
rights  and  privileges  granted  by  this  ordinance  are  upon  the  further 
express  condition  that  the  said  “Street’s  Stable  Car  Line”  shall  and 
will  plank  all  crossings  and  build  approaches  and  maintain  the  same 
in  repair  at  any  and  all  streets,  which  now  are  or  which  may  hereafter 
be  crossed  by  its  said  tracks,  and  that  said  crossings  shall  be  planked 
and  approaches  built  under  the  direction  and  to  the  satisfaction  of 
the  superintendent  of  the  department  of  public  works  of  said  town; 
and  upon  the  further  express  condition  that  the  said  “Street’s  Stable 


1816 


SWITCH  TRACKS — PRIVATE. 


B 830 


Car  Line  ' will  construct  and  maintain  such  viaduct  or  viaducts  and 
approaches  thereto  over  its  said  tracks  at  any  street  or  streets  of  said 
town  which  may  now  or  hereafter  be  crossed  by  its  said  tracks  as  the 
oard  of  trustees  of  said  town  of  Lake  may  hereafter  deem  necessary 
to  properly  accommodate  the  public  business  of  said  highways,  and 
be  ordered  by  the  board  of  trustees  of  the  town  of  Lake,  the  same  to  be 
constructed  and  maintained  under  the  supervision  of  the  superintend- 
ent of  the  department  of  public  works  of  said  town;  Provided,  how- 
ever, that  when  any  such  viaduct  cannot  be  built  at  any  such  street 
crossing,  without  the  same  be  built  over  the  track  or  tracks  of  some 
other  person,  company  or  corporation,  then  said  “Street's  Stable  Car 
Line  shall  only  be  obliged  to  join  with  such  other  person,  company 
or  corporation  in  the  construction  and  maintenance  of  such  viaduct 
or  viaducts  and  approaches  thereto,  and  if  such  other  person,  company 
or  corporation  shall  not  join  in  the  erection  of  such  viaduct  and  ap- 
proaches, then,  when  the  fair  proportion  of  such  other  person,  com- 
pany or  corporation  shall  be  otherwise  provided,  the  said  “Street's 
Stable  Car  Line”  shall  pay  his  fair  proportion  of  the  cost  of  such  via- 
duct or  viaducts ; and  provided,  further,  that  in  case  the  said  “Street's 
Stable  Car  Line”  shall  refuse  or  neglect  for  the  period  of  six  months 
to  construct  or  maintain  any  such  viaduct  or  viaducts  and  approaches 
thereto  when  required  so  to  do,  or  shall  refuse  or  neglect  to  pay  for 
the  same  or  its  just  proportion  thereof,  then  the  said  town  of  Lake 
may  construct  or  pay  for  the  same  and  recover  the  cost  thereof  or 
the  amount  paid  therefor  from  the  said  “Street’s  Stable  Car  Line”  by 
such  suit  or  action  as  it  may  deem  advisable. 

1"  5.  Construction  and  maintenance  of  drains,  culverts  and 
sewers.]  § 5.  The  rights  and  privileges  hereby  granted  are  upon  the 
further  express  condition  that  the  said  “Street’s  Stable  Car  Line”  shall 
and  will  construct  and  maintain  all  drains,  culverts,  sewers  and  ditches 
that  the  superintendent  of  the  department  of  public  works  of  the  town 
of  Lake  may  deem  necessary  for  carrying  off  the  water  and  sewage 
that  may  accumulate  by  reason  of  the  construction  of  the  said  rail- 
road tracks  and  for  preventing  the  accumulation  of  water  and  sewage 
by  reason  of  the  construction  of  said  railroad  tracks;  and  the  town 
of  Lake  hereby  reserves  the  right  to  construct  and  maintain  sued 
sewer,  gas  and  water  mains  under  and  across  the  right  of  wav  of  said 
“Street's  Stable  Car  Line”  herein  granted  as  the  superintendent  of  the 
department  of  public  works  of  said  town  may  deem  necessary,  and 
said  company  by  the  acceptance  of  this  ordinance  expressly  waives  all 
claim  to  compensation  or  damage  by  reason  of  the  construction  of  said 
mains  by  said  town. 

IT  6.  Bond,  renewal  of.]  § 6.  The  rights  and  privileges  here- 
by granted  shall  be  exercised  subject  to  such  rules  and  regulations  as 
the  board  of  trustees  of  the  town  of  Lake  may  from  time  to  time 
impose  and  make;  and  upon  the  further  express  condition  that  said 
Street's  Stable  Car  Line  shall  enter  into  a bond  executed  by  said 


§ ®3°] 


street’s  stable  car  line. 


1817 


company  with  the  town  of  Lake,  to  be  approved  by  the  board  of  trus- 
tees of  said  town,  in  the  penal  sum  of  $20,000,  conditioned  to  indem- 
nify and  save  harmless  said  town  against  and  from  any  and  all  dam- 
ages or  claims  for  damages,  judgment  decrees,  costs  and  expenses  of 
the  same  which  said  town  may  suffer  or  which  may  be  recovered  or 
obtained  against  said  town  for  or  by  reason  of  the  granting  of  the 
rights  and  privileges  in  this  ordinance  contained,  or  for  or  by  reason 
of  or  growing  out  of  or  resulting  from  the  passage  of  this  ordinance, 
or  from  any  act  or  acts  of  the  said  company  under  or  by  virtue  of  the 
authority  herein  granted  or  the  failure,  refusal  or  neglect  of  said  com- 
pany to  perform  each  and  every  of  the  said  conditions  upon  which 
this  ordinance  is  granted;  and  it  is  hereby  further  provided,  that  upon 
the  recovery  of  any  final  judgment  or  decree  against  said  town  as 
aforesaid,  the  said  company  shall  immediately  and  without  prior  pay- 
ment of  such  judgment  or  decree  by  said  town,  be  liable  to  pay  and 
shall  pay  the  amount  or  amounts  thereof  to  said  town,  and  the  fact 
that  said  town  may  not  have  paid  said  judgment  or  decree  shall  con- 
stitute no  defense  on  the  part  of  said  company;  and  it  is  hereby 
further  expressly  provided  that  in  case  of  a failure  on  the  part  of  the 
said  Street’s  Stable  Car  Line  to  perform  any  of  the  conditions  or 
provisions  of  this  ordinance,  the  said  town  of  Lake  shall  not  be  lim- 
ited to  an  action  upon  the  bond  of  said  company,  but  may  proceed 
at  once  against  said  company  in  any  suit  or  action  at  law  or  in  equity 
which  it  may  deem  advisable  or  necessary  for  the  recovery  of  any 
money,  damages  or  costs  which  it  may  have  sustained  by  reason  of 
such  breach  or  failure;  and  it  is  hereby  further  provided  that  the  said 
Street’s  Stable  Car  Line  shall  renew  said  bond  whenever  and  so  often 
as  the  said  town  of  Lake  may  desire  or  require. 

IT  7.  When  in  force — acceptance— right  of  town  to  repeal.] 
§ 7.  This  ordinance  shall  not  be  in  force  until  its  written  acceptance 
by  said  Street’s  Stable  Car  Line  shall  be  filed  with  the  clerk  of  the  town 
of  Lake,  together  with  the  bond  herein  provided  for;  and  in  case  of  a 
failure  on  the  part  of  said  company  to  keep  and  observe  each  and 
every  of  the  conditions  of  this  ordinance,  the  town  of  Lake  shall  have 
the  right  to  repeal  this  ordinance  and  to  forfeit  all  rights  acquired  here- 
under, and  all  rights,  powers  and  authority  conferred  upon  the  town 
of  Lake  or  its  officers  or  trustees  shall  rest  in  and  be  exercised  by  the 
municipal  corporation  or  its  officers  or  trustees  or  authorities  within 
whose  limits  said  right  of  way  herein  granted,  or  any  portion  thereof, 
may  at  any  time  be  situated. 


1818 


SWITCH  TRACKS PRIVATE. 


[§§831,  832 


SUSMILICH  BROTHERS. 

§ 831.  Susmilich  Brothers. 

If  t.  Route — grant  10  years, 
if  2.  Maintenance  and  operation. 

IT  3.  Bond. 

An  ordinance  granting  permission  to  Susmilich  Bros,  to  lay  and  operate  a switch 

track  across  Twenty-first  street,  near  Campbell  avenue.  (Passed  June  10, 

1895.) 

IT  1.  Route — grant  10  years.]  Be  it  ordained  by  the  city  coun- 
cil of  the  city  of  Chicago:  § 1.  That  permission  and  authority  is 
hereby  granted  to  Susmilich  Brothers  to  lay  down  and  operate  a single 
switch  track  from  the  tracks  of  the  Pittsburg,  Cincinnati  and  St.  Louis 
Railway  Company  over  and  across  21st  street,  to  lots  75,  76,  77  and  78, 
in  block  11,  Walker’s  Douglas  Park  addition,  being  a subdivision  of 
the  east  of  the  southeast  J4  of  section  24,  township  39  north*  range 
13  east,  for  and  during  a period  of  ten  years  from  the  passage  hereof. 

1 2.  Maintenance  and  operation.]  § 2.  The  permission  and 
authority  hereby  granted  is  upon  the  express  condition  that  in  the 
laying,  maintenance  and  operation  of  said  switch  track,  the  said  Sus- 
milich Brothers,  and  their  assigns,  shall  conform  to  all  rules,  regula- 
tions and  requirements  of  the  said  city  of  Chicago  or  its  department 
of  public  works. 

% 3.  Bond.]  § 3.  That  the  permission  hereby  granted  is  upon  . 
the  further  express  condition  that  the  said  Susmilich  Brothers,  and 
their  assigns,  using  and  operating  the  tracks  aforesaid,  shall  keep 
and  save  harmless  the  city  of  Chicago  from  any  and  all  damages,  costs 
and  expenses  whatever  arising  out  of  the  use  and  operation  of  said 
track,  and  the  said  Susmilich  Brothers  shall  give  a bond,  with  one 
or  more  sureties,  to  be  approved  by  the  mayor,  in  the  penal  sum  of 
ten  thousand  dollars,  for  the  fulfillment  of  this  grant  or  permission. 


SWEDISH  CERAMIC  MANUFACTURING  COMPANY. 

§ 832.  Swedish  Ceramic  Manufacturing  company. 

If  1.  Route — bond, 
it  2.  Grant  10  years. 

If  3.  In  effect,  when. 

An  ordinance  authorizing  the  Swedish  Ceramic  Manufacturing  company  to  lay 
down  and  maintain  a single  railroad  track  across  Ada  street  and  an  alley. 
(Passed  June  5,  1893.) 

1"  1.  Route — bond.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  are  hereby  given 
and  granted  to  the  Swedish  Ceramic  Manufacturing  Company,  a cor- 


§ 833] 


ERNST  TOSETTI  BREWING  COMPANY. 


1819 


poration  duly  organized  and  existing  under  and  by  virtue  of  the  laws 
of  the  state  of  Illinois,  its  successors  and  assigns,  to  lay  down,  con- 
struct, maintain  and  operate  a single  railroad  track  from  the  tracks  of 
the  Pittsburgh,  Cincinnati,  Chicago  and  St.  Louis  Railroad  Company 
to  connect  with  its  factory  over  and  along  the  following  route,  to  wit: 
Commencing  at  a point  in  the  tracks  of  the  Pittsburgh,  Cincinnati, 
Chicago  and  St.  Louis  Railroad  Company  about  twenty-five  feet  west 
of  the  west  line  of  Ada  street,  thence,  by  practicable  curve  in  a south- 
easterly direction,  across  Ada  street  to  the  northwest  corner  of  lot  126 
in  Center  avenue  subdivision  in  the  northwest  quarter  of  section  17, 
T.  28  N.,  R.  14  east  of  the  3rd  P.  M.;  thence  along  and  over  said  lot 
in  an  easterly  direction  across  the  north  and  south  alley  in  to  lot  195 
of  said  subdivision,  as  shown  upon  plat  hereto  annexed;  Provided, 
however,  that  said  track  should  be  laid  down  and  maintained  under 
the  supervision  of  the  department  of  public  works,  and  shall  be  wholly 
removed  from  said  street  and  alley  and  the  said  street  and  alley  shall 
be  restored  to  their  usual  condition  as  near  as  may  be  on  or  before 
February  25th,  1903;  and  provided,  that  said  Swedish  Ceramic  Com- 
pany shall,  before  laying  said  track,  enter  into  a bond  with  the  city  of 
Chicago  in  the  sum  of  ten  thousand  dollars  ($10,000),  to  be  approved 
by  the  commissioner  of  public  works,  conditioned  to  hold  the  city 
harmless  from  any  and  all  damages,  costs  and  expenses  whatsoever 
in  consequence  of  the  passage  or  of  the  exercises  of  the  privileges  of 
this  ordinance,  or  that  may  accrue  or  that  may  in  any  way  grow  out 
of  the  privileges  hereby  granted. 

*|f  2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  of  this  ordinance. 

If  3.  In  effect,  when.]  § 3.  This  ordinance  shall  be  in  lorce 
and  effect  from  and  after  its  passage  and  the  filing  of  the  bond  of  the 
said  Swedish  Ceramic  Manufacturing  Company  as  aforesaid. 


ERNST  TOSETTI  BREWING  COMPANY. 

§ 833.  Ernst  Tosetti  Brewing  company. 

•ff  1.  Route. 

•jf  2.  Bond — repair  of  street/ 

3.  Grant  ten  years. 

If  4.  In  effect  after  passage. 

An  ordinance  authorizing  the  Ernst  Tosetti  Brewing  company  to  construct  and 
maintain  a single  railroad  track  in  and  across  Wright  street.  (Passed  Octo- 
ber 12,  1891.  Accepted  October  12.  1891.) 

% 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 


1820 


SWITCH  TRACKS PRIVATE. 


[§  833 


Chicago:  § 1.  That  permission  and  authority  be  and  the  same  is 

hereby  granted  to  the  Ernst  Tosetti  Brewing  Company  to  lay  down, 
construct,  maintain  and  operate  a single  railroad  track  in,  upon  and 
across  Wrigh-t  (formerly  Bissell)  street,  immediately  south  of  where 
the  same  is  crossed  by  the  tracks  of  the  Union  Stock  Yard  and  Transit 
Company,  from  the  western  terminus  of  the  south  track  of  the  Ernst 
Tosetti  Brewing  Company  on  the  east  line  of  said  street  to  the  west 
line  thereof,  connecting  at  this  point  by  switch  with  the  western  ter- 
minus of  the  Ernst  Tosetti  Brewing  Company’s  north  track,  as  here- 
tofore maintained  by  said  company  across  said  street,  in  accordance 
with  the  plat  hereto  attached,  said  track  to  be  laid  down  and  main- 
tained under  the  direction  and  supervision  of  the  department  of  public 
works. 

T 2.  Bond — repair  of  street.]  § 2.  This  ordinance  is  passed 
and  the  permission  aforesaid  granted  upon  the  express  condition  that 
the  said  Ernst  Tosetti  Brewing  Company  shall  enter  into  bonds  with 
said  city  of  Chicago,  with  good  and  sufficient  sureties  to  be  approved 
by  the  mayor,  within  ten  days  from  its  passage,  in  the  sum  of  five 
thousand  ($5,000)  dollars,  conditioned  to  comply  with  the  provisions 
of  this  ordinance  and  the  general  railroad  and  all  other  ordinances 
now  in  force  or  that  may  hereafter  be  passed,  and  also  to  save,  keep 
harmless  and  indemnify  the  city  of  Chicago  from  all  damages,  costs 
and  expenses  that  may  accrue  or  in  any  way  arise  from  or  grow  out 
of  the  privileges  hereby  granted;  Provided,  that  said  Ernst  Tosetti 
Brewing  Company,  its  successors  or  assigns,  shall  keep  such  portion 
of  said  street  as  is  occupied  by  said  track  in  good  condition  and  repair, 
under  the  supervision  of  and  as  may  be  directed  by  the  department  of 
public  works  of  said  city  of  Chicago,  and  in  case  the  said  Ernst  Tosetti 
Brewing  Company  shall  fail  to  keep  the  same  in  repair,  as  herein  pro- 
vided, as  the  department  of  public  works  shall  direct,  then  the  depart- 
ment of  public  works  may  repair  same  and  the  expenses  thereof  shall 
be  paid  by  the  said  Ernst  Tosetti  Brewing  Company  on  demand. 

If  3.  Grant  10  years.]  § 3.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  hereof. 

If  4.  In  effect  after  passage.]  § 4.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 


§834] 


WILLIAM  F.  TUCKER. 


1821 


WILLIAM  F.  TUCKER. 

§ 834.  William  F.  Tucker. 

TI  1.  Egan  avenue,  Halsted,  Tucker  and  Gage  streets — repair  of 
streets. 

Tf  2.  Bond. 

3.  When  in  force. 

An  ordinance  granting  permission  to  William  F.  Tucker  and  his  associates  to 
construct  and  maintain  a railroad  track  across  Egan  avenue  at  Emerald 
street,  thence  to  south  fork  of  south  branch  of  the  Chicago  river.  (Passed 
September  23,  1872.) 

f 1.  Egan  avenue,  Halsted,  Tucker  and  Gage  streets— repair 
of  streets.]  Be  it  ordained  by  the  common  council  of  the  city  of 
Chicago:  § 1.  That  permission  is  hereby  given  and  granted  Wm. 

F.  Tucker  and  his  associates  to  lay  down,  construct  and  maintain  a 
single  railroad  track  across  Egan  avenue  at  the  intersection  of  Emer- 
ald street,  thence  west  across  Halsted,  Tucker  and  Gage  streets,  on 
any  land  they  may  acquire  by  purchase  or  otherwise,  to  the  south  fork 
of  the  south  branch  of  the  Chicago  river,  said  railroad  track  to  be  laid 
not  more  than  one  hundred  and  fifty  feet  north  of  the  north  line  of 
Egan  avenue;  Provided,  the  said  track  shall  be  laid  down  and  main- 
tained under  the  direction  and  supervision  of  the  board  of  public 
works;  and  provided,  further,  that  the  said  Wm.  F.  Tucker  and  his 
associates,  their  heirs  or  assigns,  shall  keep  such  portion  of  said  streets 
as  shall  be  occupied  by  said  track  in  good  condition  and  repair,  under 
the  supervision  and  as  they  may  be  directed  by  the  board  of  public 
works. 

If  2.  Bond.]  § 2.  This  ordinance  is  passed  and  the  permission 
aforesaid  granted  upon  the  express  condition  that  the  said  Wm.  F. 
Tucker  and  his  associates  shall  enter  into  bonds  with  the  said  city  of 
Chicago,  signed  by  sureties  to  be  approved  by  the  mayor,  within 
twenty  days  from  its  passage,  in  the  sum  of  twenty  thousand  dollars, 
conditioned  to  comply  with  the  conditions  of  this  ordinance  and  the 
general  railroad  ordinances  now  in  force,  or  that  may  hereafter  be 
passed,  and  also  to  save,  keep  harmless  and  indemnify  the  city  of 
Chicago  from  all  damages,  costs  and  expenses  that  may  accrue  or  in 
any  wise  arise  from  or  grow  out  of  the  privileges  hereby  granted,  and 
upon  the  further  express  condition  that  the  city  of  Chicago  may  at  any 
time  repeal  this  ordinance. 

1"  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Note. — See  following  ordinance  extending  grant. 


1822 


SWITCH  TRACKS PRIVATE. 


[§§  835,  836 


TUCKER  TRACK. 

§ 835.  Tucker  track. 

■,[  1.  Reaffirming  grant  of  September  23,  1872 — further  grant  of  ten 
years. 

2.  Repair  of  streets. 

if  3.  Bond. 

If  4.  When  in  force. 

An  ordinance  granting  permission  to  certain  owners  for  continuation  of  a single 
railroad  track.  (Passed  December  14,  1896.) 

1 1.  Reaffirming  grant  of  Sept.  23,  1872— further  grant  of 
ten  years.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  be  and  is  hereby  granted  to  the  present  owners 
of  the  lands  occupied  by  the  railroad  track  hereinafter  described  and 
known  as  the  “Tucker  Track,”  and  their  heirs  and  assigns,  to  continue 
the  maintenance  and  operation  for  a period  of  ten  (10)  years  of  such 
single  railroad  track  already  constructed  across  Egan  avenue,  at  its 
intersection  with  Emerald  avenue,  and  thence  west  across  Halsted, 
Tucker  and  Gage  streets,  in  accordance  with  ordinance  in  favor  of 
Wm.  F.  Tucker  and  his  associates,  passed  September  23rd,  1872,  which 
ordinance  was  repealed  October  12th,  1896. 

IT  2.  Repair  of  streets.]  § 2.  The  said  owners  shall  keep  such 
portion  of  said  streets  so  occupied  by  said  track  in  good  order  and 
repair  under  the  supervision  of  the  department  of  public  works,  and 
shall  in  all  respects  comply  with  the  ordinances  of  the  city  of  Chicago 
in  the  maintenance  and  operation  of  said  track. 

T 3.  Rond.]  § 3.  The  privilege  hereby  granted  is  upon  the 
further  condition  that  the  said  owners  shall  give  bond  in  the  sum  of 
five  thousand  ($5,000)  dollars,  with  one  or  two  sureties  to  be  approved 
by  the  mayor,  conditioned  to  keep  the  city  of  Chicago  harmless  of 
and  from  all  damages,  costs  and  expenses  consequent  upon  the  privi- 
lege herein  granted. 

Hf  4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


TUDOR  BUGGY  COMPANY. 

§ 836.  Tudor  Buggy  company. 

If  1.  Stewart  avenue — bond — switching  hours — other  conditions. 

•ff  2.  Grant  10  years. 

Hf  3.  Violation  of  provisions — forfeiture  of  grant. 

Hi  4.  Removal — failure  to  remove. 

Hr  5.  When  in  force — acceptance.  * 

An  ordinance  granting  permission  to  the  Tudor  Buggy  company  to  lay  down 
and  operate  a single  switch  track.  (Passed  February  17,  1890.) 


TUDOR  BUGGY  COMPANY. 


1823 


g 836] 

1*  1.  Stewart  avenue — bond — switching  hours — other  condi- 
tions.] Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  is  hereby  given  and  granted  to  the  Tudor  Buggy 
Company,  its  successors  and  assigns,  to  lay  down,  construct,  main- 
tain and  operate  a single  switch  railroad  track  of  standard  gauge,  from 
and  connecting  with  the  tracks  of  the  Pittsburgh,  Fort  Wayne  and 
Chicago  Railroad  Company  on  Stewart  avenue,  at  a point  on  the  west 
line  of  said  Stewart  avenue,  about  one  hundred  and  fifty  feet  south  of 
the  south  line  of  26th  street,  running  thence  on  a gradual  curve 
southeasterly  to  and  over  the  east  line  of  said  Stewart  avenue,  at  a 
point  on  the  east  line  of  said  Stewart  avenue,  about  two  hundred  and 
fifty  feet  south  of  the  south  line  of  Twenty-sixth  street,  thence  over 
and  upon  private  property  to  be  acquired  by  said  company;  Provided, 
however,  that  said  Tudor  Buggy  Company  shall,  before  laying  said 
track,  enter  into  a bond  with  the  city  of  Chicago  in  the  sum  of  ten 
thousand  {$10,000)  dollars,  to  be  approved  by  the  mayor,  to  hold 
and  save  the  city  of  Chicago  harmless  from  all  damages,  costs  and  ex- 
penses whatever  in  consequence  of  the  passage  of  this  ordinance, 
granting  the  privilege  hereinbefore  mentioned;  Provided,  further, 
that  no  switching  of  cars  or  engines  shall  be  at  any  time  permitted 
upon  or  across  said  switch  track,  except  from  the  hours  of  ten  o’clock 
in  the  evening  until  six  o’clock  in  the  morning  of  each  day,  and  that 
at  all  times  when  cars  or  engines  are  being  run  upon  or  across  said 
switch,  a flagman  shall  be  stationed  at  said  street  crossing,  and  that 
at  all  times  suitable  and  sufficient  guards  or  gates  at  said  switch  shall 
be  constructed  and  maintained  by  the  Tudor  Buggy  Company,  at  its 
expense,  under  the  direction  of  the  department  of  public  works;  Pro- 
vided, further,  that  the  privileges  hereby  granted  shall  be  subject  in  all 
respects  to  all  ordinances  now  in  force  or  which  may  be  hereafter 
passed  concerning  railroads,  and  that  said  Tudor  Buggy  Company 
shall  keep  so  much  of  said  Stewart  avenue  as  shall  be  occupied  by 
said  track  in  such  condition  and  repair  as  it  may  be  directed  by  the 
department  of  public  works.  No  cars  shall  be  permitted  to  stand 
on  the  street,  nor  shall  any  cars  be  unloaded  or  loaded  upon  the 
street  occupied  by  said  track;  Provided,  that  said  tracks  shall  be  laid 
down  and  maintained  under  the  direction  and  supervision  of  the  de- 
partment of  public  works;  Provided,  further,  that  said  company,  its 
successors  and  assigns,  shall  comply  with  sections  1650,  1651  and  2866 
of  the  Municipal  Code  of  the  city  of  Chicago. 

1”  2.  Grant  10  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  thereof  and  this  ordinance  shall  at  any  time  before 
the  expiration  thereof  be  subject  to  modification,  amendment  or  re- 
peal, and  in  case  of  repeal  all  privileges  hereby  granted  shall  cease  and 
determine 

If  3.  Violation  of  provisions — forfeiture  of  grant.]  § 3.  In 

case  said  company  shall  violate  any  of  the  provisions  and  conditions 


1824 


SWITCH  TRACKS PRIVATE. 


[§  837 


of  this  ordinance,  then  said  ordinance  and  all  rights  and  privileges 
herein  granted  shall  be  null  and  void.  The  department  of  public 
works  may  remove  the  track  hereby  authorized  to  be  laid  and  the 
cost  thereof  shall  be  paid  by  said  Tudor  Buggy  Company. 

T 4.  Removal — failure  to  remove.]  § 4.  In  case  of  the  expira- 
tion of  this  ordinance  by  lapse  of  time,  or  in  case  of  repeal,  said  Tudor 
Buggy  Company  shall,  at  its  own  expense,  cause  said  track  to  be  re- 
moved and  the  part  of  the  street  so  occupied  by  said  track  to  be  placed 
in  such  repair  and  condition  as  the  department  of  public  works  may 
require,  and  if  the  said  Tudor  Buggy  Company  shall  fail  to  so  remove 
said  track  and  so  restore  said  street  as  herein  provided,  then  the  city 
of  Chicago  may,  within  ten  (10)  days  after  notice  to  the  said  Tudor 
Buggy  Company,  or  its  bondsmen,  remove  said  track  and  restore  the 
part  of  the  street  so  occupied  by  said  track  to  such  condition  as  it 
may  elect,  at  the  expense  and  cost  of  said  Tudor  Buggy  Company, 
which  cost  and  expense  said  Tudor  Buggy  Company  in  accepting 
this  ordinance  agree  to  pay  on  demand. 

1 5.  When  in  force — acceptance.]  § 5.  This  ordinance  shall 
be  in  force  from  and  after  its  passage  and  acceptance  by  said  Tudor 
Buggy  Company. 


UNION  IRON  & STEEL  COMPANY  AND  C.  & A.  R.  R.  CO. 

§ 837.  Union  Iron  & Steel  company  and  C.  & A.  R.  R.  Co. 

1.  Route — viaduct  and  tunnel — provisos  governing — bond. 

Tl  2.  Tracks  on  west  side  of  Ashland  avenue — joint  grant  to  U.  I.  & 
S.  Co.  and  C.  & A.  R.  R.  Co.  of  ten  years — relinquishment — 
removal. 

3.  Grant  20  years,  except  where  10  years  is  stated. 

An  ordinance  granting  permission  to  the  Union  Iron  & Steel  company  to  lay 
down  and  operate  not  exceeding  two  railroad  tracks.  (Passed  January  21, 
1884.  Accepted  by  Union  Iron  & Steel  company  January  26,  1884.  Accepted 
by  Chicago  & Alton  Railroad  company  January  26,  1884.) 

T 1.  Route — viaduct  and  tunnel — provisos  governing — bond.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
permission  be  and  is  hereby  granted  to  the  Union  Iron  and  Steel 
Company,  its  successors  and  assigns,  to  lay  down,  maintain  and  op- 
erate not  exceeding  two  railroad  tracks  across  and  over  Ashland  ave- 
nue, in  the  city  of  Chicago,  on  an  overhead  structure  or  viaduct  to  be 
constructed  for  that  purpose,  across  and  over  said  street  at  a point 
about  370  feet  north  of  the  north  line  of  Thirty-first  street,  in  the 
city  of  Chicago,  being  at  the  same  point  where  the  present  switch  tracks 
of  the  Chicago  and  Alton  Railroad  cross  said  Ashland  avenue  into 


§ 837]  UNION  IRON  & STEEL  COMPANY  AND  C.  & A.  R.  R.  CO.  1825 

the  yard  where  the  blast  furnaces  of  the  Union  Iron  and  Steel  Com- 
pany are  located;  permission  being  hereby  also  given  to  said  Union 
Iron  and  Steel  Company  to  construct  and  maintain  such  overhead1 
structure  and  viaduct  upon  the  terms  and  conditions  hereinafter  men- 
tioned; and  also  to  construct  a tunnel  or  way  in  said  city  of  Chicago 
under  Archer  avenue,  at  a point  on  the  west  side  of  the  south  fork  of 
the  south  branch  of  the  Chicago  river,  not  less  than  fifty  nor  more 
than  seventy-five  feet  west  of  the  bridge  over  said  south  fork,  said 
tunnel  to  be  built  so  as  not  to  raise  the  surface  of  the  street  above  the 
authorized  grade,  and  to  lay  down,  maintain  and  operate  through  said 
tunnel  or  way  not  exceeding  two  railroad  tracks  to  connect  the  dif- 
ferent parts  of  the  works  of  the  Union  Iron  and  Steel  Company  lying 
on  either  side  of  said  Archer  avenue  at  that  point;  and  also  to  lay 
down,  maintain  and  operate  not  exceeding  two  railroad  tracks  across 
Thirty-third  street  at  a point  not  more  than  seventy-five  feet  east  of 
the  line  of  Charlton  street,  and  thence  on  a curve  across  Iron  street 
at  a point  just  north  of  the  intersection  of  Iron  and  Thirty-fourth 
streets,  in  the  city  of  Chicago,  and  connecting  with  what  is  known 
as  the  “stock  yards  track,”  but  the  permission  hereby  granted  not 
to  be  construed  as  a right  to  cross  intervening  streets  from  Thirty- 
third  street  to  said  Iron  street: 

Provided,  however,  the  foregoing  rights  and  privileges  are  granted 
upon  the  following  conditions  and  provisions:  First,  that  the  said 

switch  tracks  across  Ashland  avenue,  from  the  Chicago  and  Alton 
Railroad  to  the  said  yard  of  the  Union  Iron  and  Steel  Company, 
where  the  blast  furnaces  of  said  company  are  located,  shall  be  at  once 
removed  upon  the  construction  of  said  overhead  structure  or  viaduct: 

And,  provided,  that  said  Union  Iron  and  Steel  Company,  its  suc- 
cessors and  assigns,  shall  first  enter  in  bonds  to  the  city  of  Chicago 
in  the  penal  sum  of  twenty  thousand  ($20,000)  dollars,  with  sureties 
to  be  approved  by  the  mayor,  conditioned  to  hold  and  save  harmless 
the  city  of  Chicago  from  all  damage,  loss  or  expense  arising  out  of, 
or  from  this  ordinance,  or  the  construction  of  said  viaduct  or  tunnel,, 
or  the  operation  of  said  railroad,  and  conditioned  that  said’  com- 
pany will  save  harmless  and  indemnify  any  individual  or  person  in- 
jured because  of  the  construction  and  maintenance  of  said  viaduct  or 
tunnel : 

And  provided,  further,  that  said  overhead  structure  or  viaduct,  or 
said  tunnel,  shall  not  interfere  with  or  obstruct  the  use  of  said  streets 
at  the  respective  points  mentioned,  and  shall  be  so  constructed  and 
built  as  not  to  obstruct  travel  on  said  streets,  and  the  plans  and  speci- 
fications therefor  shall  first  be  submitted  to  the  commissioner  of  the 
department  of  public  works  for  his  approval,  and  the  same  shall  be 
constructed  and  built  under  the  supervision,  direction  and  approval 
of  said  commissioner: 

And  further  provided,  that  said  company,  its  successors  or  as- 
signs, shall  keep  and  maintain  said  viaduct  and  tunnel  in  a good  and 

115 


1826 


SWITCH  TRACKS PRIVATE. 


[§  837 


safe  condition  so  as  not  to  endanger  life  or  property;  and  that  all 
privileges  hereby  granted  shall  be  enjoyed  subject  to'  all  ordinances 
now  existing  or  which  may  be  hereafter  passed  regarding  or  in  any 
way  concerning  railroads: 

And  provided,  also,  that  within  sixty  days  of  the  passage  of  this 
ordinance  and  before  said  Union  Iron  and  Steel  Company,  its  succes- 
sors or  assigns,  shall  use  or  occupy  its  proposed  tracks  above,  there 
shall  first  be  removed  from  and  off  Thirty-first  street  all  the  railroad 
tracks  situate  and  being  on  and  along  said  Thirty-first  street,  west 
from  the  west  side  of  Ashland  avenue  to  the  main  line  of  the  tracks 
of  the  Chicago  and  Alton  Railroad  Company  at  the  expense  and 
cost  of  the  said  Union  Iron  and  Steel  Company,  its  successor  or 
assigns,  and  without  cost  and  expense  to  the  city  of  Chicago. 

1"  2.  Tracks  on  west  side  of  Ashland  avenue— joint  grant  to 
U.  I.  & S.  Co.  and  C.  & A.  R.  R.  Co.  of  10  years — relinquish- 
ment— removal.]  § 2.  That  the  said  Union  Iron  and  Steel  Com- 
pany, its  successor  or  assigns,  and  the  Chicago  and  Alton  Railroad 
Company,  or  either  of  them,  are  hereby  granted  the  privilege  and  right 
to  use  and  occupy,  for  the  space  of  ten  years  from  the  passage  hereof, 
and  no  longer,  the  railroad  track  now  situate  and  being  on  the  west 
side  of  Ashland  avenue,  between  the  point  where  the  Chicago  and 
Alton  Railroad  crosses  Ashland  avenue  and  a point  on  said  Ashland 
avenue  at  or  near  Thirty-second  street,  which  said  track  connects  the 
property  of  the  Union  Iron  and  Steel  Company  with  the  Chicago  and 
Alton  Railroad,  and  to  maintain  said  track  for  the  time  above: 

Provided,  however,  and  the  privileges  and  rights  in  this  ordi- 
nance granted  and  contained  are  upon  the  express  condition  and  agree- 
ment that,  before  anything  is  done  under  and  pursuant  to  this  ordi- 
nance, the  said  the  Union  Iron  and  Steel  Company,  its  successor  or 
assigns,  and  the  said  Chicago  and  Alton  Railroad  Company,  shall 
each  file  with  the  city  clerk  of  the  city  of  Chicago  a relinquishment 
and  waiver  in  writing  which  shall  be  acceptable  to  the  mayor  and 
law  department  of  the  city,  of  any  right,  they  or  either  of  them,  have 
or  claim  to  have,  by  estoppel  resting  upon  any  grant,  investment  of 
capital,  location  of  manufactories  or  mills,  lapse  of  time,  or  from  any 
other  reason  or  cause  whatsoever  in  and  to  the  use  or  occupation  of 
said  street  by  said  track  on  Ashland  avenue  between  the  points  above: 

And  provided,  also,  and  the  grants  and  privileges  in  this  ordinance 
are  upon  the  further  express  condition  and  agreement  that  said  Union 
Iron  and  Steel  Company,  its  successor  or  assigns,  and  the  said  Chicago 
and  Alton  Railroad  Company,  upon  the  order  of  the  city  council, 
at  any  time  during  said  ten  years,  shall  remove  said  track  now  on  the 
west  side  of  Ashland  avenue  between  the  points  aforesaid,  to  the  east 
side  of  Ashland  avenue,  and  upon  failure  to  so  remove  from  the  west 
to  the  east  side  of  said  street  when  so  ordered,  the  city  may  remove 
said  track  absolutely  from  said  Ashland  avenue  without  further  notice 
of  its  intention  so  to  do: 


UNION  PLANING  MILL  COMPANY. 


1827 


838] 


And  provided,  further,  that  the  privileges  and  rights  hereby  grant- 
ed in  this  ordinance  are  upon  the  express  understanding  and  agree- 
ment that  at  the  expiration  of  said  ten  years  from  the  passage  of  this 
ordinance,  ail  of  said  track  on  Ashland  avenue  at  the  place  between 
the  points  designated,  shall  be  absolutely  removed  and  taken  from 
said  street  without  cost  or  expense  to  the  city,  leaving  said  Ashland 
avenue  between  the  points  above  free  and  clear  of  said  railroad  track, 
and  if  said  Union  Iron  and  Steel  Company,  its  successor  or  assigns, 
and  said  Chicago  and  Alton  Railroad  Company,  or  either  of  them, 
shall  fail  or  refuse  to  remove  said  track  immediately  on  the  expira- 
tion of  said  ten  years,  then  the  city  may  remove  the  same  without 
further  or  any  notice. 

f 3.  Grant  20  years,  except  where  10  years  is  stated.]  § 3. 

This  ordinance  shall  extend  for  the  period  of  twenty  years  (except 
wherein  above  expressly  limited  to  ten  years),  and  shall  be  subject 
to  all  ordinances  now  in  force  or  that  may  hereafter  be  passed  by  the 
city  council 

Note. — See  switch  track  ordinance  to  Illinois  Steel  Company. 


UNION  PLANING  MILL  COMPANY. 

§ 838.  Union  Planing  Mill  company. 

^ 1.  Grant  five  years — Twenty-second  street — removal  of  track. 

% 2.  Bond. 

3.  In  effect  after  passage  and  publication. 

An  ordinance  granting  permission  to  the  Union  Planing  Mill  company  to  main- 
tain a certain  switch  track.  (Passed  June  25,  1894.) 

1 1.  Grant  5 years— Twenty-second  street — removal  of  track.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1.  That 
permission  and  authority  are  hereby  granted  to  the  Union  Planing 
Mill  Company  to  maintain  and  operate,  for  the  period  of  five  years 
from  the  time  this  ordinance  shall  take  effect,  a single  track  switch 
railroad,  from  any  part  of  its  property  on  the  corner  of  Twenty-second 
and  Fisk  streets,  across  Twenty-second  street  to  connect  with  the  rail- 
road track  thereon,  the  switch  to  commence  opposite  Fisk  street.  Said 
track  shall  be  laid  and  maintained  under  the  supervision  of  the  com- 
missioner of  public  works,  and  said  company  shall  keep  such  portion 
of  the  street  as  is  occupied  by  said  tracks  in  good1  condition  and 
repair,  so  as  not  to  interfere  with  public  travel,  under  like  supervision. 

At  the  expiration  of  the  time  herein  limited,  all  rights  under  this 
ordinance  shall  absolutely  cease  and  determine  without  any  act  on 
the  part  of  the  city  and  the  said  tracks  shall  be  at  once  removed, 


SWITCH  TRACKS  — PRIVATE. 


1828 


[§  839 


the  street  placed  in  good  condition  and  repair  at  the  expense  of  said 
company. 

1 2.  Bond  .]  § 2.  This  ordinance  is  passed  and  the  permission 
aforesaid  granted  upon  the  express  condition  that  the  said  Union 
Planing  Mill  Company  shall  enter  into  bonds  with  the  said  city  of 
Chicago,  signed  by  sureties  to  be  approved  by  the  mayor,  within  ten 
days  from  its  passage,  in  the  sum  of  ten  thousand  dollars,  conditioned 
to  comply  with  the  conditions  of  this  ordinance  and  the  general  rail- 
road ordinances  now  in  force  or  that  may  hereafter  be  passed;  also  to 
save,  keep  harmless  and  indemnify  the  city  of  Chicago  from  all  dam- 
ages, costs  and  expenses  that  may  accrue  or  in  any  wise  arise  from 
or  grow  out  of  the  privileges  hereby  granted;  and  upon  further  ex- 
press condition  that  the  city  of  Chicago  may,  at  any  time,  repeal  this 
ordinance. 

1 3.  In  effect  after  passage  and  publication.]  § 3.  This  or- 
dinance shall  be  in  force  from  and  after  its  passage  ana  due  publica- 
tion. 


VAN  DER  MEER  & ROOSMA. 

§ 839.  Van  der  Meer  & Roosma. 

^ 1.  Abutting  right  of  way  of  C.  & E.  I.  R.  R.  south  of  One  Hun- 
dred and  Third  place. 

2.  Comply  with  ordinances. 

1'  3.  Bond. 

Tf  4.  When  in  force. 

An  ordinance  granting  permission  to  Van  der  Meer  & Roosma  to  lay  down  and 
maintain  a single  switch  track.  (Passed  October  5,  1896.) 

If  1.  Abutting  right  of  way  of  C.  & E.  I.  R.  R.  south  of 
103d  place.]  Be  it  ordained  b}^  the  city  council  of  the  city  of  Chi- 
cago: § 1.  That  permission  and  authority  are  hereby  granted  to 

Van  der  Meer  and  Roosma,  their  successors,  heirs  and  assigns,  to  lay 
down  and  operate,  for  a period  which  may  be  terminated  at  any  time, 
at  the  discretion  and  order  of  the  commissioner  of  public  works,  a 
single  switch  track  from  a point  about  150  feet  south  of  103rd  place, 
on  the  right  of  way  of  the  Chicago  and  Eastern  Illinois  Railroad,  to  a 
point  about  400  feet  north  of  commencement  of  said  switch  track  and 
to  be  entirely  upon  the  private  property  of  the  said  Van  der  Meer 
and  Roosma. 

1 2.  Comply  with  ordinances.]  § 2.  The  said  Van  der  Meer 
and  Roosma  shall  lay  and  maintain  such  track  under  the  supervision 
of  the  commissioner  of  public  works  of  the  city  of  Chicago,  and 
shall,  in  all  respects,  comply  with  the  ordinances  with  said  city . 


ALBERT  H.  VEEDEK. 


1829 


8 840] 


«[  3.  Bond.]  § 3.  This  permission  and  authority  is  granted  the 
said  Van  der  Meer  and  Roosma  upon  the  condition  that  they  shall 
£ive  a bond  of  five  thousand  ($5,000)  dollars,  with  good  and  sufficient 
surety  to  be  approved  by  the  mayor,  conditioned  to  keep  the  city 
of  Chicago  harmless  of  and  from  all  damages  whatsoever  arising  from 

tlns^grant ^ forcei  § 4.  This  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 


ALBERT  H.  VEEDER. 


§ 840.  Albert  H.  Veeder. 

1.  Hawthorne  avenue— bond— repair  of  street— standing  cars. 
•f[  2.  . Grant  20  years. 

3.  Subject  to  modification  or  repeal. 

4.  Removal  of  track — failure  so  to  do. 

Tf  5.  Acceptance. 


An  ordinance  granting  permission 
tain  a single  railroad  track. 
25,  1889.) 


to  Albert  H.  Veeder  to  lay  down  and  mam- 
(Passed  January  14,  1889.  Accepted  January 


1.  Hawthorne  avenue — bond — repair  of  street-— standing 
cars.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago.  § 1. 
That  permission  is  hereby  given  and  granted  to  Albert  H.  Veeder  an 
his  grantees  and  assigns  to  lay  down,  construct,  maintain  and  opera*e 
a single  railroad  track  from  and  connecting  with  the  tracks  ot  the 
Chicago  and  Evanston  Railroad,  owned  and  operated  by  the  Chicago, 
Milwaukee  and  St.  Paul  Railroad  Company,  on  Haw  ffiorne  avenue, 
at  a point  directly  opposite  the  northwest  corner  of  lot  38,  block  72, 
in  Elstoms  addition  to  Chicago,  thence  on  a gradual  curve  in  and' 
to  the  east  line  of  lot  41,  block  72,  Elston’s  addition  to  Chicago; 
Provided,  however,  that  said  Veeder  shall,  before  laying  said  trac  , 
enter  into  a bond  with  the  city  of  Chicago  in  the  sum:  of  Jm°u“ 
sand  ($10,000)  dollars,  to  be  approved  by  the  mayor,  to  horn  and 
save  the  city  of  Chicago  harmless  from  all  damages,  costs  and  ex- 
penses whatsoever,  in  consequence  of  the  passage  of  this  ordinance, 
granting  the  privileges  hereinbefore  mentioned-;  Provided,  further, 
that  the  privileges  hereby  granted  shall  be  subject  in  all  respects  to 
all  ordinances  now  in  force  or  which  may  be  hereafter  passed  con- 
cerning  railroads,  and  that  said  Veeder,  his  grantees  and  assigns,  shall 
keep  so  much  of  said  Hawthorne  avenue  as  shall  be  occupied  by 
said  track  in  such  condition  and  repair  as  may  be  directed  by  the 
department  of  public  works.  No  cars  shall  be  permitted  to  stand  on 
the  streets,  nor  shall  any  cars  be  unloaded  or  loaded  upon  the  streets 


1830 


SWITCH  TRACKS PRIVATE. 


occupied  by  said  tracks;  Provided,  that  said  tracks  shall  be  laid  down 
and  maintained  under  the  direction  and  supervision  of  the  department 
of  public  works. 

T 2.  Grant  20  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  twenty  (20)  years 
from  the  passage  hereof. 

HI  3.  Subject  to  modification  or  repeal.]  § 3.  This  ordinance 
shall  at  any  time  before  the  expiration  thereof  be  subject  to  modi- 
fication, amendment  or  repeal,  and,  in  case  of  repeal,  all  privileges 
hereby  granted  shall  cease  and  determine. 

IT  4.  Removal  of  track— failure  so  to  do.]  § 4.  In  case  of 
the  expiration  of  this  ordinance  by  lapse  of  time  or  in  case  of  repeal, 
said  Veeder,  his  grantees  and  assigns,  shall  at  his  own  expense  cause 
said  track  to  be  removed,  and  the  part  of  the  street  so  occupied 
by  said  track  to  be  placed  in  such  repair  and  condition  as  the  depart- 
ment of  public  works  may  require;  and  if  the  said  Veeder,  his  grantees 
and  assigns,  shail  fail  so  to  remove  said  track  and  so  restore  said 
street  as  herein  provided,  then  the  city  of  Chicago  may,  within  ten 
(10)  days  after  notice  to  said  Veeder,  his  grantees  or  assigns,  or  his 
bondsmen,  remove  said  track  and  restore  the  part  of  the  street  so  oc- 
cupied by  said  track  to  such  condition  as  it  may  elect  at  the  expense 
and  cost  of  the  said  Veeder,  which  cost  and  expense  said  Veeder  in 
accepting  this  ordinance  agrees  to  pay  on  demand. 

IT  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  and 
effect  from  and  after  its  passage  and  acceptance  by  said  Veeder  and 
due  publication  thereof. 


vierling,  McDowell  & co. 

§ 841.  Vierling,  McDowell  & Co. 

Tf  1.  Route — bond — conditions. 

IF  2.  Grant  ten  years. 

Hi  3.  Violation  of  provisions — removal  of  track. 

H[  4.  Expiration  of  term — duty  of  grantee. 

Hi  5.  Acceptance. 

An  ordinance  permitting  Vierling,  McDowell  & Co.  to  construct  and  operate  a 
single  switch  track.  (Passed  June  26,  1890.) 

IF  1.  Route— bond— conditions.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  is  hereby  given 
and  granted  to  the  Vierling,  McDowell  & Co.,  its  successors  and  as- 
signs, to  lay  down,  construct,  maintain  and  operate  a single  switch 
railroad  track,  of  standard  gauge,  from  and  connecting  with  the 
tracks  of  the  tracks  of  the  Pittsburgh,  Fort  Wayne  & Chicago  Rail- 


§ 841] 


VIERLING,  MC  DOWELL  & CO. 


1831 


road  Company  on  Stewart  avenue,  at  a point  on  the  west  line  of 
said  Stewart  avenue,  about  one  hundred  (ioo)  feet  south  of  the  south 
line  of  Twenty-third  place,  running  thence,  on  a gradual  curve,  north- 
easterly to  and  over  the  east  line  of  said  Stewart  avenue  about  one 
hundred  and  sixty-six  (i 66)  feet,  thence  over  and  upon  private  prop- 
erty owned  by  said  company;  Provided,  however,  that  said  Vierling, 
McDowell  & Co.  shall,  before  laying  said  track,  enter  into  a bond 
with  the  city  of  Chicago  in  the  sum  of  ten  thousand  dollars  ($10,000), 
to  be  approved  by  the  mayor,  to  hold  and  save  the  city  of  Chicago 
harmless  from  all  damages,  costs  and  expenses  whatever  in  conse- 
quence of  the  passage  of  this  ordinance,  granting  the  privilege  here- 
inbefore mentioned;  Provided,  further,  that  no  switching  of  cars  or 
engines  shall  be  at  any  time  permitted  upon  or  across  said  switch 
track,  except  from  the  hours  of  ten  o’clock  in  the  evening  until  six 
o’clock  in  the  morning  of  each  day,  and  that,  at  all  times,  when  cars 
or  engines  are  being  run  upon  or  across  said  switch,  a flagman  shall 
be  stationed  at  said  street  crossing,  and  that  at  all  times  suitable 
and  sufficient  guards  or  gates  at  said  switch  shall  be  constructed  and 
maintained  by  the  said  Vierling,  McDowell  & Co.,  at  its  ex- 
pense, under  the  direction  of  the  department  of  public  works;  Pro- 
vided. further,  that  the  privileges  hereby  granted  shall  be  subject 
ir  all  respects  to  all  ordinances  now  in  force  or  which  may  be  here- 
after passed  concerning  railroads,  and  that  said  Vierling,  McDowell 
& Co.  shall  keep  so  much  of  said  Stewart  avenue  as  shall  be  occupied 
by  said  track  in  such  condition  and  repair  as  may  be  directed  by  the 
department  of  public  works.  No  cars  shall  be  permitted  to  stand 
on  the  street,  nor  shall  any  cars  be  unloaded  or  loaded  upon  the  street 
occupied  by  said  track;  Provided,  that  said  tracks  shall  be  laid  down 
and  maintained  under  the  direction  and  supervision  of  the  department 
of  public  works;  Provided,  further,  that  said  company,  its  successors 
and  assigns,  shall  comply  with  sections  1650.  1651  and  2866  of  the 
Municipal  Code  of  the  city  of  Chicago. 

IT  2.  Grant  ten  years.]  § 2.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  (10)  years 
from  the  passage  thereof,  and  this  ordinance  shall  at  any  time  before 
expiration  thereof  be  subject  to  modification,  amendment  or  repeal, 
and  in  case  of  repeal  all  privileges  hereby  granted  shall  cease  and 
determine 

IF  3.  Violation  of  provisions — removal  of  track.]  § 3.  In 

case  said  company  shall  violate  any  of  the  provisions  and  conditions 
of  this  ordinance,  then  said  ordinance  and  all  rights  and  privileges 
herein  granted  shall  be  null  and  void.  The  department  of  public  works 
may  remove  the  track  hereby  authorized  to  be  laid  and  the  cost  thereof 
shall  be  paid  by  the  said  Vierling,  McDowell  & Co. 

T 4.  Expiration  of  term — duty  of  grantee.]  § 4.  In  case 
of  the  expiration  of  this  ordinance  by  lapse  of  time,  or  in  case  of  repeal, 
said  Vierling,  McDowell  & Co.  shall,  at  their  own  expense,  cause 


1832 


SWITCH  TRACKS PRIVATE. 


[§  842 


said  track  to  be  removed  and  the  part  of  the  street  so  occupied  by  said 
track  to  be  placed  in1  such  repair  and  condition  as  the  department 
of  public  works  may  require,  and  if  the  said  Vierling,  McDowell  & 
Co.  shall  fail  to  so  remove  said  track  and  so  restore  said  street  as 
herein  provided,  then  the  city  of  Chicago  may,  within  ten  (10)  days 
after  notice  to  said  Vierling,  McDowell  & Co.,  or  its  bondsmen,  re- 
move said  track  and  restore  the  part  of  the  street  so  occupied  by 
said  track  to  such  condition  as  it  may  elect,  at  the  expense  and 
cost  of  the  said  Vierling,  McDowell  & Co.  in  accepting  this  ordinance 
agree  to  pay  on  demand. 

IT  5.  Acceptance.]  § 5.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Vierling,  McDowell  & Co. 


WARD  & GAENSSLEN. 

§ 842.  Ward  & Gaensslen. 

If  1.  Archer  avenue  and  Waver  street — ordinance  to  Joliet  & Chi- 
cago R.  R.  Co.  to  govern. 

An  ordinance  permitting  Ward  & Gaensslen  to  locate  and  operate  a sidetrack. 

(Passed  January  26,  1885.) 

1 1.  Archer  avenue  and  Waver  street— ordinance  to  Joliet 
& Chicago  R. R.  Co.  to  govern.]  Ordered,  that  permission  be  and 
the  same  is  hereby  given  Ward  & Gaensslen  in  connection  with  the 
Chicago  & Alton  Railroad  Company,  under  “an  ordinance  in  relation 
to  the  Joliet  & Chicago  Railroad  Company,”  passed  January  5th,  1857, 
to  locate  or  extend  in  Archer  avenue  and  Waver  street,  respectively, 
in  front  of  the  premises  of  Ward  & Gaensslen,  subject  to  all  other 
provisions  of  said  ordinance;  the  side  track  about  to  be  laid  under  a 
decree  recently  made,  to  connect  said  Chicago  & Alton  Railroad  Com- 
pany with  the  said  premises,  known  as  lots  one  and  two  in  H.  L. 
Stewart  & others’  subdivision  of  lots  1 1 to  20,  inclusive,  of  block  2,  in 
the  south  branch  addition  to  Chicago,  and  lot  10  and  the  south- 
westerly half  of  lot  nine,  in  block  two,  in  said  addition,  from  the 
proper  connecting  point  in  front  of  the  premises  of  the  National  Ele- 
vator Company,  along  the  front  of  the  said  premises  of  said  Ward  & 
Gaensslen  to  or  near  the  west  line  of  said  lot  two. 


§ 843] 


E.  N.  WEART  & CO. 


1833 


E.  N.  WEART  & CO. 

§ 843.  E.  N.  Weart  & Co. 

1.  Wallace  street — grant  10  years. 

Tf  2.  Grade  of  tracks — bond — planking,  etc.,  street. 

«[  2 y2.  Elevation  provided  for. 

3.  Acceptance. 

An  ordinance  granting  to  E.  N.  Weart  & Co.  permission  to  lay  down  a railroad 
track.  (Passed  April  15,  1895.) 

T 1.  Wallace  street — grant  10  years.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § i.  That  a right  of  way  be  and 
the  same  is  hereby  granted  for  the  period  of  ten  (io)  years  from  the 
passage  of  this  ordinance  to  E.  N.  Weart  & Co.  of  Chicago,  Illinois,  to 
lay  a railroad  track  as  follows:  Commencing  at  a point  in  the  west 

line  of  Wallace  street,  between  57th  and  58th  streets,  and  connect- 
ing with  the  tracks  of  the  Chicago  & Western  Indiana  Railroad  so 
as  to  allow  cars  to  pass  with  safety  across  Wallace  street  to  land 
owned  and  occupied  by  said  E.  N.  Weart  & Co.,  and  being  lots  one 
to  twenty-two,  both  inclusive,  in  block  one  in  Temple’s  subdivision  of 
the  east  half  of  the  southwest  quarter  of  the  northwest  quarter  of 
section  sixteen  (16)  in  township  thirty-eight  (38)  north,  range  four- 
teen (14)  east  of  the  third  principal  meridian,  in  Cook  county,  Illinois. 

1 2.  Grade  of  tracks— bond— planking,  etc.,  street.]  § 2. 
That  said  railroad  track  when  made,  as  provided  in  section  one, 
shall  be  on  a grade  with  the  tracks  of  said  railroad  company;  Pro- 
vided, that  before  laying  such  tracks,  said  E.  N.  Weart  & Co.  shall 
enter  into  a bond  to  the  city  of  Chicago,  with  two  or  more  sureties, 
to  be  approved  by  the  mayor,  in  the  penal  sum  of  ten  thousand  ($10,- 
000)  dollars;  conditioned  to  save  the  city  harmless  from  any  and  all 
damages  which  may  arise  from  or  grow  out  of  the  privileges  hereby 
granted,  or  the  laying  or  operating  of  said  track;  Provided,  further, 
that  said  E.  N.  Weart  & Co.,  or  their  assigns,  shall  plank  the  said 
street  between  the  tracks  hereby  authorized  to  be  laid  and  to  keep 
the  same  in  good  repair  under  the  direction  of  the  proper  city  au- 
thorities. 

1 2%.  Elevation  provided  for.]  § 254.  Also  that  the  said 
E.  N.  Weart  & Co.,  or  assigns,  agree  to  elevate  said  switch 
track  whenever  the  Chicago  and  Western  Indiana  Railroad  elevate 
their  tracks,  as  the  city  may  direct. 

T 3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
-and  after  its  acceptance  by  the  said  parties  in  section  one  hereof. 


116 


1834 


SWITCH  TRACKS PRIVATE. 


[§  844  [ 

WEAVER  & FORD. 

§ 844.  Weaver  & Ford. 

1.  Route — bond — supervision  of  work — compensation  to  city. 

IT  2.  Grant  ten  years — removal  of  tracks  at  expiration. 

3.  Acceptance. 

An  ordinance  authorizing  Henry  E.  Weaver  and  Tod  Ford  to  construct  and 
operate  a single  railroad  track  with  branch  extensions.  (Passed  March  30, 
1891.  Accepted  April  22,  1891.) 

If  1.  Route — bond — supervision  of  work — compensation  to 
city.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 
That  permission  and  authority  are  hereby  granted  Henry  E.  Weaver 
and  Tod  Ford,  their  successors  and  assigns,  to  lay  down,  construct, 
maintain  and  operate  a single  railroad  track,  with  branch  extensions 
thereof  as  follows,  to  wit:  Said  single  railroad  shall  commence  from 

the  place  of  its  connection  with  the  tracks  of  the  Chicago  and  Western 
Indiana  Railroad  Company,  at  the  intersection  of  39th  street  and 
Stewart  avenue,  and  extend  thence  northwesterly  to  38th  court,  at  a 
point  not  exceeding  two  hundred  (200)  feet  west  of  Stewart  avenue, 
and  thence  west  along  38th  court  and  south  of  the  center  line  thereof 
to  the  east  line  of  Butler  street,  with^  necessary  turnouts  and  switches  ; 
to  accommodate  abutting  property  on  the  south  side  of  38th  court,  and  1 
crossing  all  intervening  streets  and  alleys  on  said  route;  also,  a branch 
extension  thereof  connecting  with  the  single  railroad  track  aforesaid 
at  a point  south  of  38th  court,  and  not  exceeding  two  hundred  (200) . : 
feet  west  of  Stewart  avenue,  and  to  extend  thence  north  on  a line  par-  I 
all  el  with  and  not  exceeding  two  hundred  (200)  feet  west  of  Stewart  i 
avenue  to  the  south  line  of  37th  court,  and  extending  thence  north- 
westerly and  northerly  to  a point  on  the  south  line  of  37th 
street,  distant  not  exceeding  two  hundred  and  fifty  (250)'} 
feet  west  of  Stewart  avenue,  and  crossing  all  intervening  streets  and 
alleys;  also,  another  branch  extension  thereof  connecting  with' 
the  last  named  single  railroad  track  at  or  near  the  south 
line  of  37th  court  and  extending  northeasterly  and  northerly  to  the  1 
south  line  of  37th  street,  at  a point  not  exceeding  one  hundred  and  fifty  j ; 
(150)  feet  west  of  Stewart  avenue,  and  crossing  all  intervening  streets!, 
and  alleys  on  said  route;  Provided,  however,  that  the  said  Henry  E. 
Weaver  and  Tod  Ford  shall,  before  laying  any  part  of  said  track,  enter! 
into  a bond  with  the  city  of  Chicago  in  the  sum  of  ten  thousand  ($10,-  . 
000)  dollars,  to  be  approved  by  the  mayor,  conditioned  to  indemnify  1 
and  save  harmless  the  city  of  Chicago  from  all  damages,  costs  and 
expenses  that  may  accrue  in  consequence  of  the  passage  of  this  ordi-  4 
nance,  or  that  may  in  any  way  arise  or  grow  out  of  the  exercise  of  the 
privileges  hereby  granted;  and  Provided,  further,  that  said  track  and 
each  branch  thereof  and  each  turnout  and  switch,  that  may  be  con-  J 
structed  under  the  permission  hereby  granted,  shall  be  laid  down  and  < 
maintained  under  the  direction  and  supervision  of  the  commissioner 
of  public  works,  and  in. such  a manner  as  to  interfere  as  little  as  pos-  | 


845] 


.WOLF  MAIZE  MILLS  COMPANY. 


1835 


sible  with  the  use  of  the  streets  and  alleys  so’  crossed  and  occupied; 
and,  provided,  further,  that  the  privileges  hereby  granted  shall  be  sub- 
ject to  all  ordinances  now  in  force  or  which  may  hereafter  be  passed 
concerning  railroads;  provided,  further,  that  the  said  Henry  E.  Wea- 
ver and  Tod  Ford,  their  successors  or  assigns,  shall  pay  into  the  city 
treasury,  in  consideration  of  the  permission  hereby  granted,  at  the  rate 
of  $1,000  per  mile  per  annum  on  the  track  or  tracks  laid  on  public 
property. 

t 2.  Grant  ten  years — removal  of  tracks  at  expiration.] 

§ 2.  The  rights  and  privileges  hereby  granted  shall  cease  and  de- 
termine at  the  expiration  of  ten  (io)  years  from  the  passage  hereof. 
And,  this  ordinance  shall,  at  any  time  before  the  expiration  of  said 
period  of  ten  (io)  years,  be  subject  to  modification,  amendment  or  re- 
peal, and  in  case  of  repeal,  all  privileges  hereby  granted  shall  cease  and 
determine.  And,  if  said  Henry  E.  Weaver  and  Tod  Ford  shall  violate 
any  of  the  provisions  of  this  ordinance,  the  commissioner  of  public 
works  may,  without  notice  to  said  Weaver  or  Ford,  cause  said  tracks 
to  be  removed  from  any  street  or  alley  occupied  by  the  same  and  such 
streets  and  alleys  to  be  restored  to. their  present  condition  at  the  ex- 
pense of  the  said  Henry  E.  Weaver  and  Tod  Ford. 

If  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  the  said  Henry  E.  Weaver  and 
Tod  Ford  and  the  filing  of  their  bond  as  aforesaid;  such  acceptance 
and  bond  to  be  filed  within  thirty  (30)  days  after  the  passage  hereof. 


WOLF  MAIZE  MILLS  COMPANY. 

§ 845.  Wolf  Maize  Mills  company. 

1.  Route — grant  10  years. 

2.  Conditions,  governing  track  laying,  etc. 

If  3.  Expiration  of  grant — removal  of  tracks. 

4.  Acceptance. 

An  ordinance  authorizing  the  Wolf  Maize  Mills  company  to  construct  and  operate 
two  single  sidetracks  near  Eighty-first  street  and  the  Chicago,  Rock  Island 
& Pacific  railroad.  (Passed  May  25,  1891.  Accepted  June  4,  1891.) 

If  1.  Route— grant  10  years — bond.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  granted  to  the  Wolf  Maize  Mills  Company,  a corporation 
created  and  existing  under  and  by  virtue  of  the  laws  of  the  state  of 
Illinois,  to  construct,  maintain  and  operate,  for  a period  of  ten  years 
from  the  passage  hereof  unless  the  permission  or  authority  shall  be 
sooner  revoked  by  the  city  council,  two  private  single  side  tracks,  the 


1836 


SWITCH  TRACKS PRIVATE. 


[§  845 


easterly  one  of  which  commences  at  a point  in  the  east  main  track  of  the 
Chicago,  Rock  Island  and  Pacific  Railway,  about  40  feet  north  of  81  st 
street,  thence  on  a curve  in  a northeastly  direction,  crossing  the  alley 
lying  directly  east  of  and  joining  the  eastern  boundary  of  the  right  of 
way  of  said  Chicago,  Rock  Island  and  Pacific  Company  and  continu- 
ing, in  such  northeasterly  direction,  across  Elizabeth  court,  so  that 
the  easterly  part  of  said  track  shall  not  be  to  exceed  44  feet  east  of 
the  easterly  right  of  way  of  said  Chicago,  Rock  Island  and  Pacific  Rail- 
road Company’s  land,  and  the  westerly  one  of  which  said  tracks  com- 
mences on  the  right  of  way  of  said  Chicago,  Rock  Island  and  Pacific 
Railroad  Company’s  land  at  a point  about  150  feet  north  of  81st  street, 
running  thence  north  and  northeasterly,  crossing  the  alley  directly 
east  of  and  adjoining  the  right  of  way  of  said  Chicago,  Rock  Island 
and  Pacific  Railroad  Company,  at  a point  about  where  the  north  line  of 
Elizabeth  court,  if  extended  west,  would  strike  said  right  of  way  of 
Chicago,  Rock  Island  and  Pacific  Railroad  Company,  and  thence 
northeasterly  across  said  alley,  in  a northeasterly  direction,  to  the  lands 
owned  and  occupied  by  said  Wolf  Maize  Mills  Company;  Provided, 
however,  said  Wolf  Maize  Mills  Company  shall  first  execute  and  de- 
liver to  the  city  of  Chicago  a bond,  with  good  and  sufficient  sureties 
to  be  approved  by  the  commissioner  of  public  works,  in  the  penal  sum 
of  ten  thousand  ($10,000)  dollars,  conditioned  for  the  faithful  perform- 
ance by  the  said  Wolf  Maize  Mills  Company  of  all  the  provisions  of 
this  ordinance  and  for  indemnifying  and  saving  harmless  the  city  of 
Chicago  from  all  expenses,  costs  and  damages  it  may  sustain  by  rea- 
son of  the  construction,  maintenance  or  operation  of  said  track  and  of 
the  exercise  by  said  Wolf  Maize  Mills  Company  of  the  privileges  here- 
in granted;  and  provided,  further,  the  privileges  hereby  conferred 
shall  be  exercised  and  enjoyed  subject  to  all  railroad  or  other  ordi- 
nances now  in  force  or  which  may  hereafter  be  passed  by  the  city 
council. 

1 2.  Conditions  governing  track  laying,  etc.]  § 2.  Said 
tracks  shall  be  laid  down  and  maintained  under  the  direction  of  the 
commissioner  of  public  works  of  the  city  of  Chicago  and  in  such  man- 
ner as  to  interfere  as  little  as  possible  with  the  use  of  said  Elizabeth 
court  and  said  alley,  and  the  space  between  said  tracks  shall  be  planked 
so  as  to  allow  the  free  passage  of  teams  and  vehicles  along  and  over 
the  same  at  all  times,  and  no  locomotive  or  car  shall  be  allowed  to 
stand  on  said  Elizabeth  court,  nor  on  said  alley,  nor  shall  any  car  be 
loaded  or  unloaded  upon  said  court  or  alley,  and  if  said  Wolf  Maize 
Mills  Company  shall  violate  any  of  the  provisions  of  this  ordinance, 
the  commissioner  of  public  works  may,  without  notice  to  said  Wolf 
Maize  Mills  Company,  cause  said  tracks  to  be  removed  from  said 
Elizabeth  court  and  said  alley,  and  said  street  and  alley  to  be  restored 
to  their  present  condition,  all  at  the  expense  of  the  said  Wolf  Maize 
Mills  Company. 


M.  W.  WOLF. 


1837 


§846] 


1 3.  Expiration  of  grant— removal  of  tracks.]  § 3*  At  the 

expiration  of  said  ten  years,  or  as  much  sooner  as  the  city  council  shall 
order,  the  said  Wolf  Maize  Mills  Company  shall  cause  said  tracks  to 
be  removed,  and  in  default  thereof  they  shall  be  removed  by  the  city 
of  Chicago  at  the  expense  of  said  Wolf  Maize  Mills  Company. 

If  4.  Acceptance.]  § 4.  This  ordinance  shall  be  in  force  and 
take  effect  when  it  shall  have  been  accepted  by  said  Wolf  Maize 
Mills  Company  and  said  bonds  filed  and  approved;  Provided,  said 
acceptance  and  bond  be  filed  within  thirty  days  from  the  passage 
hereof. 


M.  W.  WOLF. 


§ 846.  M.  W.  Wolf. 

1.  Route — grant  20  years — repair  of  street,  etc.  —cars  not  to  stand. 

2.  Acceptance. 

An  ordinance  authorizing  M.  W.  Wolf  to  lay  down  and  operate  a single]  side- 
■ track  across  Forty-third  street  and  an  alley.  (Passed  October  12/1891. 
6X3  Accepted  October  15,  1891.) 

1 1.  Route. — grant  20  years — repair  of  street,  etc. — cars  not 
to  stand]  Be  it  ordained  by  the  city  council  of  the  city  of  Chicago: 
§ 1.  That  permission  and  authority  are  hereby  granted  to  M.  W. 
Wolf,  his  heirs  and  assigns,  to  lay  down,  maintain  and  operate,  for 
a period  of  twenty  years  from  the  passage  hereof,  one  private  single 
side  track  commencing  at  a point  in  the  east  track  of  the  Pittsburgh, 
Ft.  Wayne  and  Chicago  Railway,  at  a point  a sufficient  distance  north 
of  43rd  street  so  that,  by  a proper  curve  in  a southeasterly  direction, 
the  said  private  track  can  be  laid  on  and  over  the  property  owned  and 
controlled  by  said  Wolf,  and  being  lots  ten,  eleven  and  thirteen  in  block 
seven  in  Jackson’s  subdivision  of  the  north  five  chains  of  the  southeast 
quarter  of  section  four,  township  thirty-eight  north,  range  fourteen 
east  of  the  3rd  principal  meridian,  in  Cook  county,  Illinois,  and,  for  that 
purpose,  to  cross  all  intervening  streets  and  alleys;  being  43rd  street 
and  the  alley  west  of  said  lot  eleven  and  the  alley  between  said  lots  ten 
and  eleven  and  said  lot  thirteen;  Provided,  however,  that  privileges 
hereby  granted  shall  be  subject  to  all  ordinances  concerning  railroads 
now  in  force  or  which  may  be  passed  hereafter,  and  that  said  Wolf  and 
his  grantees  and  assigns  shall  plank  the  said  street  and  alleys  between 
the  tracks  hereby  authorized  to  be  laid  and  keep  the  same  in  good 
repair  under  the  direction  of  the  proper  city  officers;  no  cars  shall  be 
permitted  to  stand  upon  the  street  nor  shall  any  car  be  loaded  or  urn* 


1838 


SWITCH  TRACKS PRIVATE. 


[§  847 


loaded  upon  the  street,  occupied  by  said  track,  and  the  said  track  shall 
be  laid  down  and  maintained  under  the  direction  and  supervision  of  the 
department  of  public  works. 

2.  Acceptance.]  § 2.  This  ordinance  shall  be  in  force  and 
effect  from  and  after  its  passage  and  acceptance  by  said  Wolf;  pro- 
vided said  acceptance  be  made  within  thirty  days  from  the  passage  of 
this  ordinance. 


L.  WOLFF  MANUFACTURING  COMPANY. 

§ 847.  L.  Wolff  Manufacturing  company. 

% 1.  Route. 

2.  Conditions  as  to  laying  of  track. 

1 3-  Bond. 

if  4.  Grant  10  years. 

5.  Reservation. 

*[{  6.  Expiration  of  term — track  removal — restoration  of  alley. 

7.  Acceptance. 

An  ordinance  authorizing  the  L.  Wolff  Manufacturing  company  to  lay  down  and 
operate  a single  railroad  switch  track.  (Passed  July  16,  1891.) 

% 1.  Route.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  is  hereby  granted  to 

the  L.  Wolff  Manufacturing  Company,  a corporation  organized  and 
existing  under  and  by  virtue  of  the  laws  of  the  state  of  Illinois,  to  lay 
down,  construct,  maintain  and  operate  a single  railroad  switch  track, 
from  and  connecting  with  the  switch  team  track  of  the  Chicago,  St. 
Louis  and  Pittsburgh  Railroad  Company,  situated  in  the  Leavitt  street 
yard  of  said  railroad  company,  from  a point  on  the  south  line  of  the 
north  alley  in  block  thirty-seven  (37)  of  the  Canal  Trustees’  subdivision 
in  section  seven  (7),  town  thirty-nine  (39)  north,  range  fourteen  (14) 
east  of  third  P.  M.  about  one  hundred  and  thirty-two  (132)  feet  east 
of  the  east  line  of  Hoyne  avenue,  in  the  city  of  Chicago,  thence 
northeasterly  to  the  north  line  of  said  alley,  at  a point  about  one 
hundred  and  seventy  (170)  feet  east  of  the  east  line  of  Hoyne  ave- 
nue. 

If  2.  Conditions  as  to  laying  of  track.]  § 2.  The  said  L. 
Wolff  Manufacturing  Company  are  hereby  required,  and  this  grant 
is  made  on  the  express  condition  that  it  shall  so  lay  down  and  operate 
said  track  so  that  it  shall  interfere  as  little  as  possible  in  the  use  of 
said  alley,  and  shall  at  all  times  keep  said  track  in  such  condition  as 
to  allow  the  free  use  and  easy  passage  of  vehicles  along  and  over  the 
same,  and  shall  keep  so  much  of  the  said  alley  occupied  by  said  track, 


847] 


L.  WOLFF  MANUFACTURING  COMPANY. 


1839 


including  a space  of  one  foot  on  either  side  of  same,  in  good  condition 
and  repair  and  in  such  condition  as  may  be  directed  by  the  department 
of  public  works;  and  said  track  shall  be  laid  and  maintained  under  the 
direction  and  supervision  of  the  department  of  public  works,  and  in 
case  said  L.  Wolff  Manufacturing  Company  shall  fail  to  keep  the  same 
in  repair,  or  place  said  alley  as  aforesaid  in  such  condition  and  repair 
as  hereabove  provided  and  the  department  of  public  works  shall  direct, 
then,  the  department  of  public  works  may  repair  the  same  or  place  the 
said  alley  aforesaid  in  proper  repair,  and  the  expense  thereof  shall  be 
paid  by  said  L.  Wolff  Manufacturing  Company. 

«[  3.  Bond.]  § 3.  This  permission  is  granted  on  the  express 
condition  that  said  L.  Wolff  Manufacturing  Company  shall  keep  and 
save  harmless  the  city  of  Chicago  from  all  damages,  costs  and  ex- 
penses whatsoever  arising  out  of  this  grant,  and  said  L.  Wolff  Manu- 
facturing Company  shall,  before  laying  this  track,  enter  into  bond 
with  the  city  of  Chicago  in  the  penal  sum  of  five  thousand  dollars, 
with  one  or  more  sureties  to  be  approved  by  the  mayor,  conditioned 
to  hold  and  save  the  city  of  Chicago  harmless  from  all  damages,  costs 
or  expenses  whatsoever  in  consequence  of  the  passage  of  this  ordi- 
nance granting  the  privileges  hereinbefore  mentioned,  and  condi- 
tioned to  fulfil,  comply  and  abide  by  all  the  restriction  and  obliga- 
tions imposed  by  said  ordinance  on  the  said  L.  Wolff  Manufacturing 
Company. 

% 4.  Grant  10  years.]  § 4.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  at  the  expiration  of  ten  years  from 
the  passage  thereof. 

^ 5.  Reservation.  ] § 5.  This  ordinance  is,  also,  passed  with 
the  express  reservation  that  it  shall,  at  any  time  before  the  expiration 
of  said  ten  years,  be  subject  to  modifications,  amendment  or  repeal 
and  in  case  of  repeal  the  privileges  hereby  granted  shall  cease  and 
determine. 

1 6.  Expiration  of  term — track  removal— restoration  of  alley.] 

§ 6.  In  case  of  the  expiration  of  this  ordinance  by  lapse  of  time,  or 
in  case  of  repeal  of  this  ordinance,  said  L.  Wolff  Manufacturing  Com- 
pany shall,  at  its  own  expense,,  cause  said  track  to  be  removed  and 
the  part  of  said  alley  so  occupied  by  said  track,  be  placed  in  such  re- 
pair and  condition  as  the  department  of  public  works  may  require;  and 
if  said  L.  Wolff  Manufacturing  Company  shall  fail  to  so  remove  said 
track,  and  so  restore  said  alley,  as  hereinabove  provided,  then  the  city 
of  Chicago,  by  said  department  of  public  works,  may  remove  the  said 
track  and  restore  the  part  of  said  alley,  occupied  by  said  track,  to  such 
condition  as  it  may  elect,  at  the  expense  and  cost  of  said  L.  Wolff 
Manufacturing  Company,  which  cost  and  expense  of  removing  said 
track,  and  so  restoring  said  alley,  said  L.  Wolff  Manufacturing  Com- 
pany, in  accepting  this  ordinance,  shall  agree  to  pay  on  demand. 

IT  7.  Acceptance.]  § 7.  This  ordinance  shall  be  in  force  and 


184.0 


SWITCH  TRACKS PRIVATE. 


[§  § 848,  849 


effect  from  and  after  its  passage  and  acceptance  by  said  L.  Wolff 
Manufacturing  Company  and  the  filing  of  its  bond  as  aforesaid,  such 
acceptance  and  bond  to  be  filed  within  thirty  days  after  the  passage 
thereof. 


JOHN  A.  YALE  AND  OTHERS. 

§ 848.  John  A.  Yale  and  others. 

TT  1.  Thirty- fifth  street — bond. 

An  ordinance  granting  permission  to  John  A.  Yale  and  others  to  construct  cer- 
tain tracks.  (Passed  April  2,  1880.) 

1 1.  Thirty-fifth  street — bond.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  permission  be,  and  is 

hereby  granted  to  John  A.  Yale,  his  associates  or  assigns,  to  lay 
down,  maintain  and  operate  not  exceeding  two  railroad  tracks  at  right 
angles  across  Thirty-fifth  street,  at  any  point  within  five  hundred  feet 
west  of  the  dock,  as  now  built,  on  the  west  side  of  the  river,  in  section 
32,  town  39  north,  range  fourteen  (14)  east,  in  the  city  of  Chicago: 

Provided,  however,  that  said  Yale,  his  associates  or  assigns,  shall 
enter  into  bonds  in  the  penal  sum  of  five  thousand  dollars  to  the  city 
of  Chicago  to  be  approved  by  the  commissioner  of  public  works, 
to  hold  and  save  the  city  harmless  from  all  damages  from  the  pro- 
visions of  this  act;  and  provided,  further,  that  all  privileges  hereby 
granted  shall  be  enjoyed  subject  to  all  ordinances  now  existing,  or 
which  may  be  hereafter  passed,  regarding  or  in  any  way  concerning 
the  tracks  laid  in  conformity  with  this  ordinance. 

§ 849.  John  A.  Yale  and  others. 

Tf  1.  Route — dedication  of  strip  of  land  for  street — bond — subject  to 
all  ordinances. 

Tf  2.  Conditions  as  to  paving,  etc. 

An  ordinance  grant  ng  permission  to  John  A.  Yale  and  others  to  construct  cer- 
tain tracks.  (Passed  April  2,  1880.) 

1 1.  Route— dedication  of  strip  of  land  for  street— bond- 
subject  to  all  ordinances.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  be  and  is  hereby  granted  to 

John  A.  Yale,  James  W.  Oakley,  George  F.  Bailey,  Wahl  Bros., 
John  McCaffrey,  and  their  associates  and  assigns,  to  lay  down,  main- 
tain, and  operate  not  exceeding  two  railroad  tracks,  with  necessary 
turnouts  and  switches  in,  upon,  and  along  the  west  half  of  Ullman 
street,  as  at  present  platted  and  laid  out,  from  the  city  limits  north  to 
a point  opposite  the  north  line  of  Thirty-fourth  court  and  also  from  the 


§ 85°] 


HERMAN  M.  ZAPEL. 


1841 


south  end  of  Fox  street,  as  at  present  platted  and  laid  out,  north  on 
and  along  said  Fox  street  to  Waterville  street;  and  thence  on 
and  along  Waterville  street  to  the  south  line  of  Thirty-second  street; 
thence  across  said  Thirty-second  street  on  and  along  Benson  street 
to  the  south  line  of  James  avenue;  thence  northeasterly  to  the  pro- 
perty or  lots  of  John  McCaffrey,  and  across  the  alley  between  Ben- 
son street  and  Pitney  court,  in  rear  of  lots  59  to  67  inclusive,  in 
Broad  and  Pitney’s  subdivision  of  4 34-100  acres,  in  northeast  corner 
of  W.  J4  of  N.-W.  34  of  Sec.  32,  T.  59,  R.  14;  and  thence  across  Pit- 
ney court  east  at  any  point  south  of  Thirty-first  street: 

Provided,  however,  and  the  foregoing  grant  and  permission  is  upon 
the  following  conditions,  viz.:  That  said  parties  above  shall  first,  be- 
fore laying  down  any  track  or  tracks  above,  convey  or  obtain  con- 
veyance of,  by  good  and  sufficient  deed,  or  by  proper  legal  and  statu- 
tory dedication  to  the  city  of  Chicago,  for  the  purposes  of  a street,  a 
strip  of  land  twenty-four  feet  wide,  taken  off  from  the  land  immediately 
east  of  and  adjoining  said  Ullman  street,  as  at  present  platted  and 
laid  out,  from  the  city  limits  aforesaid,  to  a point  opposite  the  south 
line  of  said  Thirty-fourth  court;  And  provided,  further,  that  said  par- 
ties shall  enter  into  bonds  in  the  penal  sum  of  ten  thousand  dollars 
to  the  city  of  Chicago,  to  be  approved  by  the  commissioner  of  public 
works,  to  hold  and  save  the  city  harmless  from  all  damages  from  the 
provisions  of  thit$  act;  and  provided,  further,  that  all  privileges  here- 
by granted  shall  be  enjoyed  subject  to  all  ordinances  now  existing,  or 
which  may  be  hereafter  passed,  regarding  or  in  any  way  concerning 
the  tracks  laid  in  conformity  with  this  ordinance. 

IT  2.  Conditions  as  to  paving,  etc.]  § 2.  The  privileges 
granted  by  this  ordinance  are  upon  the  express  condition  that  said 
parties  above  named,  their  heirs,  executors  or  assigns,  shall  fill,  grade 
and  pave,  macadamize  or  plank,  as  and  when  directed  by  the  com- 
missioner of  public  works  or  the  city  council,  such  portions  of  said 
streets  as  are  used  and  occupied  by  said  railroad  tracks,  and  in- 
cluding a space  on  each  side  of  tracks  of  five  feet. 


HERMAN  M.  ZAPEL. 

§ 850.  Herman  M.  Zapel. 

If  1.  Grant  10  years — Webster  avenue  (2  tracks) — bond — repair  of 
street. 

If  2.  Subject  to  amendment,  etc. — removal  of  track. 

If  3.  Acceptance. 


1842 


SWITCH  TRACKS PRIVATE. 


An  ordinance  granting  Herman  M.  Zapel  privilege  and  authority  to  construct 

and  operate  a private  switch.  (Passed  June  22,  1896.  Accepted  June  30, 

1896.) 

If  1.  Grant  10  years— Webster  avenue  (2  tracks)— bond— re- 
pair of  street.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  is  hereby  granted  to 
Herman  M.  Zapel,  or  his  assigns,  to  construct,  maintain  and  operate  a 
private  single  railroad  switch  for  a period  of  ten  years,  from  and  con- 
necting with  the  track  of  the  Chicago,  Milwaukee  and  St.  Paul  Rail- 
road Company,  at  a point  near  the  intersection  of  south  line  of  Web- 
ster avenue,  produced  east  across  said  track;  thence  on  a compound 
curve  in  a northwesterly  direction  across  said  Webster  avenue  to  a 
point  tangent  to  a line  running  west  of  and  parallel  with  the  westerly 
line  of  Dominick  street;  thence  along  said  line  in  a northwesterly 
direction  for  about  two  hundred  (200)  feet  on  private  property;  also 
a single  switch  track  for  the  same  period  commencing  at  a point  of 
the  Chicago,  Milwaukee  & St.  Paul  Company’s  track  twenty  (20)  feet 
more  or  less  south  of  north  line  of  Webster  avenue;  thence  in  a 
straight  line  northwesterly  to  the  rear  of  H.  M.  Zapel  Stone  Company’s 
yard,  north  of  Webster  avenue  and  west  of  Dominick  street,  in  accord- 
ance with  plat  hereto  attached. 

Provided,  however,  that  said  Herman  M.  Zapel  shall,  before  lay- 
ing any  part  of  said  track,  enter  into  bond  with  the  said  city  of  Chicago 
in  the  penal  sum  of  five  thousand  ($5,000)  dollars,  to  be  approved  by 
the  mayor,  to  hold  and  save  the  city  of  Chicago  harmless  from  all 
damages  caused  by  the  passage  of  this  ordinance. 

Provided,  further,  that  the  privileges  hereby  granted  shall  be  sub- 
ject in  all  respects  to  all  ordinances  now  in  force  or  which  may  be 
hereafter  passed  concerning  railroads  and  the  elevation  of  railroad 
tracks,  and  that  said  Herman  M.  Zapel  and  his  assigns  shall  keep  so 
much  of  said  Webster  avenue  as  shall  be  occupied  by  said  switch,  in 
such  condition  and  repair  as  may  be  directed  by  the  department  of 
public  works. 

And  provided,  further,  that  said  switch  shall  be  constructed  and 
maintained  under  the  direction  and  supervision  of  the  department  of 
public  works. 

If  2.  Subject  to  amendment,  etc. — removal  of  track.]  § 2. 

This  ordinance  shall  be  subject  to  amendment  or  repeal  at  any  time 
for  failure  to  comply  with  any  order  of  the  department  of  public  works 
concerning  the  proper  construction  and  maintenance  of  said  switch, 
and  upon  the  expiration  of  this  ordinance,  said  Herman  M.  Zapel,  or 
his  assigns,  shall  remove  said  switch  after  notice  from  the  department 
of  public  works,  and  in  case  of  failure  or  refusal  to  comply  with  said 
notice,  then  the  city  of  Chicago  may  remove  the  same  at  the  expense 
of  said  Herman  M.  Zapel,  or  his  assigns. 

IT  3.  Acceptance.]  § 3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  acceptance  by  said  Herman  M.  Zapel. 


CHAPTER  XVII, 


-TELEGRAPH  AND 
PANIES. 


TELEPHONE  COM 


§ 851.  American  Telegraph  & Telephone  company. 

§ 852.  American  Telegraph  & Telephone  company. 

§ 853.  Atlantic  & Pacific  Telegraph  company. 

§ 854.  Baltimore  & Ohio  Railroad  company. 

§ 855.  Baltimore  & Ohio  Telegraph  company. 

§ 856.  Banker’s  & Merchant’s  Telegraph  company. 

§ 857.  Bell  Telephone  company. 

§ 858.  Bell  Telephone  company. 

§ 859.  Board  of  Trade  Telegraph  company. 

§ 860.  Chicago  & Milwaukee  Telegraph  company. 

§ 861.  Chicago  Telephone  company. 

§ 862.  Chicago  Telephone  company. 

§ 863.  Chicago  Telephone  company. 

§ 864.  Chicago  Telephone  company. 

§ 865.  Chicago  Telephone  company. 

§ 866.  uhicago  Telephone  company. 

§ 867.  Chicago  Telephone  company. 

§ 868.  Chicago  Telephone  company. 

§ 869.  Chicago  Telephone  company. 

§ 870.  Chicago  Telephone  company. 

§ 871.  Chicago  Telephone  company. 

§ ^872.  Chicago  Telephone  company. 

§ 873.  Chicago  Twin  Wire  Long  Distance  Telephone  company. 
§ 874.  Chicago  Twin  Wire  Long  Distance  Telephone  company. 
| 875.  Chicago  & Western  Indiana  Railroad  company. 

§ 876.  Chicago  & Western  Indiana  Railroad  company. 

§ 877.  City  Press  Association  of  Chicago. 

§ 878.  Cushman  Telephone  & Service  company. 

§ 879.  Mutual  Union  Telegraph  company. 

§ 880.  Mutual  Union  Telegraph  company. 

§ 881.  Mutual  Union  Telegraph  company. 

§ 882.  Mutual  Union  Telegraph  company. 

§ 883.  Mutual  Union  Telegraph  company. 

§ 884.  Mutual  Union  Telegraph  company. 

§ 885.  Pacific  & Atlantic  Telegraph  company. 

§ 886.  Postal  Telegraph  company. 

§ 887.  Postal  Telegraph  company. 

§ 888.  Postal  Telegraph  company. 

§ 889.  Postal  Telegraph  cpmpany. 

§ 890.  United  States  Telegraph  company. 

§ 891.  Western  Union  Telegraph  company. 

§ 892.  Western  Union  Telegraph  company. 


1843 


1844 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


AMERICAN  TELEGRAPH  & TELEPHONE  COMPANY. 

§ 851.  American  Telegraph  & Telephone  company. 

TT  1.  Grant — route. 

^ 2.  Construction. 

if  3.  Restoration  of  streets. 

it  4.  Rights  reserved — use  of  poles. 

it  5.  Subject  to  ordinances — indemnity. 

it  6.  Violations — penalty. 

it  7.  When  in  force — acceptance. 

An  ordinance  authorizing  the  American  Telegraph  & Telephone  company  to 

erect  telephone  and  telegraph  poles  in  the  village  of  Jefferson.  (Passed 

January  9,  1889.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Jefferson:  § 1.  That  the  American  Tele- 

phone and  Telegraph  Company,  of  Illinois,  is  hereby  authorized  to 
erect  telephone  and  telegraph  poles  and  maintain  and  operate  lines  of 
telephone  and  telegraph  thereon  upon  and  along  the  following  streets 
of  the  said  village  of  Jefferson,  Cook  county,  Illinois,  namely:  On  the 
east  side  of  the  street  known  as  Washington  avenue  (at  the  western 
limits  of  the  village)  from  Irving  Park  boulevard  to  the  south  limits 
of  said  village;  also  on  the  north  side  of  North  avenue  from 
said  Washington  avenue  to  Columbia  avenue;  also  on  Columbia  ave- 
nue from  North  avenue  to  Waubansia  avenue;  also  on  Waubansia 
avenue  from  Columbia  avenue  to  Crawford  avenue;  also  on  Craw- 
ford avenue  from  Waubansia  avenue  to  North  avenue. 

If  2.  Construction.]  § 2.  The  whole  manner  of  constructing 
said  telephone  and  telegraph  line  as  to  position  and  otherwise,  shall 
be  as  the  president  and  board  of  trustees  of  said  village  shall  direct. 

T 3.  Restoration  of  streets.]  § 3.  Said  American  Telephone 
and  Telegraph  Company  when  it  shall  open  the  ground  to  set  said  poles 
(or  for  any  other  purpose  whatever)  shall,  without  delay,  restore  the 
grounds,  streets  and  pavements  to  a condition  as  good  as  before  they 
opened  them,  and  satisfactory  to  the  superintendent  of  public  works, 
or  such  other  persons  as  the  board  of  trustees  may  appoint. 

IT  4.  Rights  reserved— use  of  poles.]  § 4.  The  village  of 
Jefferson  shall  have  the  right  to  string  and  maintain  wires  on  said 
poles  for  the  use  of  the  said  village. 

U 5.  Subject  to  ordinances— indemnity.]  § 5.  The  said  Amer- 
ican Telephone  and  Telegraph  Company,  ^ts  successors  and  assigns, 
shall  be  subject  to  all  the  general  ordinances  of  the  village  of  Jefferson 
in  relation  to  telephone  and  telegraph  companies,  now  in  force,  or 
which  shall  hereafter  be  in  force  in  relation  to  the  government  of  tele- 
phone and  telegraph  companies,  and  acceptance  of  this  ordinance  shall 
be  deemed  as  an  agreement  and  consent  of  and  by  said  company,  to 
save  and  keep  harmless  the  said  village  of  Jefferson  from  any  and 
all  claims  for  damages,  of  every  nature  and  kind,  growing  out  of  any 


§ 852] 


AMERICAN  TELEGRAPH  AND  TELEPHONE  COMPANY. 


1845 


act  on  the  part  of  said  company,  its  successors  or  assigns,  or  their 
agents  or  servants. 

1 6.  Violations — penalty.]  § 6.  A willful  and  continued  failure 
on  the  part  of  said  company  to  comply  with  the  privileges  of  this  ordi- 
nance, or  the  provisions  of  any  such  general  ordinance  as  aforesaid, 
now  in  force,  or  which  may  hereafter  be  passed,  shall  work  a forfeiture 
of  the  rights  granted  by  this  ordinance,  in  which  event  the  board  of 
trustees  of  said  village  may,  by  thirty  days'  notice,  in  writing,  to  the 
president  of  said  company,  require  the  poles  and  wires  erected  under 
the  provisions  hereof,  to  be  taken  down,  and  upon  failure  of  said  com- 
pany to  comply  with  the  requirements  of  such  notice,  the  said  poles 
and  wires  may  be  removed  at  the  expense  of  said  company. 

1 7.  When  in  force— acceptance.]  § 7.  This  ordinance  shall 

take  effect  and  be  in  force  when,  and  as  soon  as  said  company  shall 
file  with  the  clerk  of  the  village  of  Jefferson,  its  acceptance  in  writ- 
ing of  this  ordinance,  and  if  said  company  shall  not  file  such  accept- 
ance with  said  clerk  within  sixty  (60)  days  after  the  passage  and  ap- 
proval of  this  ordinance,  then  this  ordinance  shall  become  and  be 
void. 

§ 852.  American  Telegraph  & Telephone  company. 

IT  i.TGrant — route, 
it  2.  Additional  routes. 

•ft  3.  Construction — supervision. 

it  4.  Rights  reserved — location  of  poles. 

it  5.  Conditions  of  grant. 

it  6.  Subject  to  ordinances. 

it  7.  When  in  force — acceptance — bond. 

An  ordinance  authorizing  the  American  Telegraph  & Telephone  company  to 
^ erect  telegraph  poles  in  the  town  of  Lake.  (Passed  February  12,  1889. 

Accepted  March  5,  1889.  Bond  filed  February  26,  1889,  and  approved  March 

5,  1889.) 

IT  1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees  of 
the  town  of  Lake:  § 1.  That  permission  and  authority  be  and  the 

same  are  hereby  granted  to  the  American  Telephone  and  Telegraph 
Company,  a corporation  of  the  state  of  Illinois,  to  erect  and  maintain 
a line  of  telephone  poles  and  string  and  maintain  wires  thereon  on 
the  following  named  streets  in  the  town  of  Lake,  viz.: 

On  Johnson  or  Kedzie  avenue  from  the  north  line  of  said  town  to 
the  south  line  thereof. 

On  Forty-seventh  street  from  Halsted  street  to  the  west  line  of 
said  town;  and 

O11  Reese  avenue  from  Forty-seventh  street  to  the  north  line  of 
said  town. 

f 2.  Additional  routes.]  § 2.  If  at  any  time  hereafter  the 
said  American  Telephone  and  Telegraph  Company  shall  desire  to  con- 
struct and  maintain  additional  lines  of  poles  and  wires  upon  any  streets 
or  alleys  in  said  town  not  specified  in  section  1 herein,  it  shall  apply 


1846 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


2 


to  the  board  of  trustees  for  permission  so  to  do,  and  if  authorized, 
such  additional  lines  shall  in  all  respects  be  considered  as  erected 
under  this  ordinance. 

TT  3.  Construction— supervision.]  § 3.  The  poles  hereby  au- 
thorized to  be  erected,  and  the  whole  manner  of  constructing  said  tele- 
phone lines  as  to  the  length,  size  and  kind,  and  position  of  the  poles, 
and  the  manner  of  stringing  wires  thereon,  shall  be  under  the  super- 
vision and  to  the  satisfaction  of  the  superintendent  of  the  department 
of  public  works  of  said  town. 

If  4.  Rights  reserved — location  of  poles.]  § 4.  In  case  any 
pole  or  poles  erected  under  the  authority  of  this  ordinance  should 
interfere  with  the  public  use  of  said  streets,  the  board  of  trustees  of 
said  town  may  require  the  change  of  location  of  any  such  pole  or 
poles,  the  said  American  Telephone  and  Telegraph  Company  shall 
make  such  change  of  location  at  its  own  expense  upon  notification  so 
to  do  by  the  superintendent  of  the  department  of  public  works. 

If  5.  Conditions  of  grant.]  § 5.  In  consideration  of  the 
franchise  herein  granted,  the  said  American  Telephone  and  Telegraph 
Company  shall  furnish  free  of  cost  to  said  town  the  upper  top  ten  (10) 
pin  cross  arm  upon  each  and  every  pole  erected  upon  the  streets  of 
said  town,  and  said  town  shall  have  the  exclusive  right  to  attach  to 
said  cross  arm  such  wires  as  may  be  necessary  for  the  police  and  fire 
departments  of  said  town. 

T 6.  Subject  to  ordinances.]  § 6.  The  said  American  Tele- 
phone and  Telegraph  Company  shall  abide  by  and  be  subject  to  all 
general  ordinances  of  the  town  of  Lake  which  are  now,  or  may  here- 
after be  in  force,  concerning  similar  corporations. 

1 7.  When  in  force — acceptance— bond.]  § 7.  This  ordi- 

nance shall  not  be  in  force  until  its  written  acceptance  by  the  said 
American  Telephone  and  Telegraph  Company  and  until  a bond  in  the 
penal  sum  of  $10,000  shall  have  been  filed  with  the  clerk  of  the  said 
town  of  Lake  conditioned  to  indemnify  and  save  harmless  the  said 
town  against  and  from  any  and  all  damages  or  claims  for  damages, 
judgments,  decrees,  costs  and  expenses  of  the  same  which  said  town 
of  Lake  may  suffer  or  which  may  be  recovered  or  obtained  against 
the  said  town,  for  or  by  reason  of,  the  granting  of  the  rights  and  privi- 
leges in  this  ordinance  contained,  or  for  or  by  reason  of  or  growing 
out  of  or  resulting  from  the  passage  of  this  ordinance,  or  from  any 
act  or  acts  of  the  said  company  under  or  by  virtue  of  the  authority 
herein  granted,  or  the  failure,  refusal  or  neglect,  of  said  company  to 
perform  each  and  every  of  the  said  conditions  upon  which  this  ordi- 
nance is  granted;  and  it  is  hereby  further  provided,  that  upon  the 
recovery  of  any  such  final  judgment  or  deciee  against  said  town  as 
aforesaid,  said  company  shall  immediately  and  without  prior  payment 
of  such  judgment  or  decree  by  said  town,  be  liable  to  pay  and  shall 
pay  the  amount  or  amounts  thereof  to  said  town,  and  the  fact  that 
said  town  may  not  have  paid  such  judgment  or  decree  shall  consti- 


[§  853 


ATLANTIC  AND  PACIFIC  TELEGRAPH  COMPANY. 


1847 


tute  no  defense  on  the  part  of  said  company;  and  it  is  further  hereby 
expressly  provided  that  in  case  of  the  failure  on  the  part  of  the  said 
American  Telephone  and  Telegraph  Company  to  perform  any  of  the 
conditions  or  provisions  of  this  ordinance,  the  said  town  of  Lake  shall 
not  be  limited  to  an  action  upon  the  bond  of  said  company,  but  may 
proceed  at  once  against  the  said  company  in  any  suit  or  action  at  law 
or  in  equity  which  it  may  deem  advisable  or  necessary  for  the  recov- 
ery of  any  money,  damages  or  costs  which  it  may  have  sustained  or 
paid  by  reason  of  such  breach  or  failure. 


ATLANTIC  & PACIFIC  TELEGRAPH  COMPANY. 

§ 853.  Atlantic  & Pacific  Telegraph  company. 

1.  Grant — route. 

•f [ 2.  Additional  routes, 
if  3.  Location,  etc.,  of  poles, 
if  4.  Subject  to  ordinances, 
if  5.  Expiration  of  grant. 

An  ordinance  authorizing  the  Atlantic  & Pacific  Telegraph  company  to  erect 
telegraph  poles  in  the  city  of  Chicago.  (Passed  May  18,  1868.) 

IT  1.  Grant — route.]  Be  it  ordained  by  the  common  council  of 
the  city  of  Chicago:  § 1.  That  the  Atlantic  and  Pacific  Telegraph 

Company  is  hereby  authorized  to  erect  telegraph  poles  in  the  city  of 
Chicago,  as  hereinafter  specified,  and  to  construct  or  maintain  a line 
or  lines  of  telegraph  in  connection  with  the  same,  viz. : On  the  north 
side  of  Egan  avenue,  from  State  street  to  Wentworth  avenue;  on  the 
west  side  of  Wentworth  avenue,  from  Egan  avenue  to  Seventeenth 
street;  on  the  north  side  of  Seventeenth  street,  from  Wentworth  ave- 
nue to  State  street;  on  the  west  side  of  State  street,  from  Seventeenth 
street  to  Washington  street;  on  the  south  side  of  Washington  street, 
from  State  street  to  La  Salle  street.  The  telegraph  poles  erected 
along  the  streets  specified  in  this  section,  and  which  will  be  north  of 
Thirty-first  street,  shall  be  planed  and  painted. 

T 2.  Additional  routes,]  § 2.  Authority  is  also  hereby 
given  to  said  company  to  erect  telegraph  poles  and  to  maintain  a line 
or  lines  of  telegraph  thereon,  on  the  north  side  of  Egan  avenue,  from 
Wentworth  avenue  to  Western  avenue,  and  on  the  east  side  of  West- 
ern avenue,  from  Egan  avenue  to  West  Fullerton  avenue. 

T 3.  Location,  etc.,  of  poles.]  § 3.  The  poles  hereby  authorized 
to  be  erected  shall  be  placed  at  the  edge  or  curb  of  the  sidewalk,  and 
the  whole  manner  of  constructing  said  telegraph  lines,  as  to  the  length 
of  the  poles,  their  position,  and  otherwise,  shall  be  as  the  board  of 
public  works  shall  direct. 


1848 


TELEGRAPH  AND  TELEPHONE  COMPANIES.  [§  § 854,  855 


If  4.  Subject  to  ordinances.]  § 4.  All  the  proceedings  of 
said  telegraph  company,  under  this  ordinance,  shall  be  subject  to  any 
ordinance  relative  to  the  same  which  may  hereafter  be  passed  by  the 
common  council  of  the  city  of  Chicago. 

1 5.  Expiration  of  grant.]  § 5.  The  grants  and  privileges 
herein  conferred  shall  expire  and  determine  twenty  years  from  the 
date  of  the  passage  hereof. 


BALTIMORE  & OHIO  RAILROAD  COMPANY. 

§ 854.  Baltimore  & Ohio  Railroad  company. 

IT  1.  Grant — conditions. 

An  ordinance  concerning  the  telegraph  line  of  the  Baltimore  & Ohio  Railroad 
company.  (Passed  October  27,  1879.) 

1 1.  Grant — conditions.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  the  Baltimore  and  Ohio  Railroad 

Company  is  hereby  authorized  to  construct  and  maintain  a line  or 
lines  of  telegraph  through  the  streets  of  the  city  of  Chicago;  the  line 
or  lines  to  be  constructed  along  such  streets,  and  in  such  manner  as 
to  the  kind  and  position  of  the  telegraph  poles,  the  height  of  the 
wires  above  the  streets,  and  in  all  other  particulars,  as  the  department 
of  public  works  may  direct;  Provided,  however,  that  all  the  doings  of 
said  company  under  this  ordinance  shall  be  subject  to  any  ordinance 
which  may  hereafter  be  passed  by  the  council  concerning  the  same. 


BALTIMORE  & OHIO  TELEGRAPH  COMPANY. 

§ 855.  Baltimore  & Ohio  Telegraph  company. 

•ff  1.  Grant — route — conditions. 

An  ordinance  authorizing  the  Baltimore  & Ohio  Telegraph  company  to  con- 
struct and  maintain  a line  of  telegraph  in  the  village  of  Hyde  Park. 
(Passed  and  approved  April  5,  1884.) 

IT  1.  Grant — route — conditions.]  Be  it  ordained  by  the  presi- 
dent and  board  of  trustees  of  the  village  of  Hyde  Park:  That  per- 
mission be  and  is  hereby  granted  to  the  Baltimore  and  Ohio  Tele- 
graph Company,  and  it  is  hereby  authorized  to  construct  and  maintain 
a line  of  telegraph  through  the  following  streets  of  the  said  village  of 


§ ^55‘^5^]  banker’s  & merchant’s  telegraph  company.  1849 

Hyde  Park,  Cook  county,  Illinois,  namely:  That  part  of  Madison 

avenue  lying  between  the  north  line  of  Seventieth  street  and  the 
south  line  of  Seventy-sixth  street  lying  between  the  east  line  of  said 
Madison  avenue  and  the  right  of  way  of  the  New  York,  Chicago 
and  St.  Louis  Railway  Company. 

The  line  to  be  constructed  along  said  streets  in  such  a manner 
as  to  the  kind,  position  and  height  of  the  telegraph  poles,  the  height 
of  the  wires  above  the  streets,  and  in  all  other  particulars  as  may 
direct. 

The  said  village  of  Hyde  Park  having  and  reserving  the  right  to 
use  exclusively  the  top  arm  and  wires  thereon,  set  apart  for  its  use, 
on  any  or  all  of  the  poles  which  may  be  set  and  used  by  said  tele- 
graph company  upon  its  aforesaid  line,  for  any  of  its  police  and  fire 
alarm  wires,  and  continue  to  use  the  same  for  that  purpose  so  long 
as  said  line  shall  be  maintained  and  operated  by  said  company.  The 
aforesaid  right  and  privileges  being  consented  to  and  granted  by 
said  telegraph  company  in  its  petition  for  this  ordinance. 

The  privileges  hereby  granted  are  upon  the  further  express  con- 
dition, that  said  telegraph  company  shall  be  subject  to  all  general 
ordinances  now  in  force,  or  which  may  hereafter  be  passed,  concern- 
ing telegraph  lines,  and  a willful  and  continued  failure  on  the  part 
of  said  company  to  comply  with  the  privileges  of  this  ordinance,  or 
the  provisions  of  any  such  general  ordinance  now  in  force,  or 
which  may  hereafter  be  passed,  shall  work  a forfeiture  of  the  rights 
grantedNby  this  ordinance,  in  which  event  the  trustees  of  said  village 
may,  by  thirty  days’  notice  in  writing  to  the  general  superintendent 
of  the  telegraph  company,  require  the  poles  and  wires  erected  under 
the  provisions  hereof  to  be  taken  down,  and  upon  failure  of  said 
company  to  comply  with  the  requirements  of  such  notice  the  said 
poles  and  wires  may  be  removed  at  the  expense  of  the  said  company. 


BANKER’S  & MERCHANT’S  TELEGRAPH  COMPANY. 

§ 856.  Banker’s  & Merchant’s  Telegraph  company. 

II  1.  G rant — route. 

H 2.  Location  of  poles — right  of  removal. 

3.  Rights  reserved — use  of  poles. 

•ff  4.  Indemnity  clause, 
if  5.  When  in  force. 

An  ordinance  authorizing  the  Banker’s  & Merchant’s  Telegraph  company  to 
construct  and  maintain  telegraph  lines  in  the  village  of  Jefferson.  (Passed 
June  7,  1884.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  president  and 

board  of  trustees  of  the  village  of  Jefferson:  § 1.  The  Banker’s, 

and  Merchant’s  Telegraph  Company  shall  be  permitted  to  construct 


1850 


TELEPHONE  AND  TELEGRAPH  COMPANIES. 


[§  857 


and  maintain  telegraph  lines  along  Wilson  and  Clybourn  avenues 
from  the  south  limits  of  said  village,  being  an  extension  of  For- 
tieth street  in  the  town  of  Cicero,  commencing  at  Forty-eighth  street 
in  said  Cicero,  thence  east  along  the  south  bounds  of  Jefferson  to 
Wilson  avenue,  thence  along  said  Wilson  avenue  and  Clybourn 
avenue  to  Montrose  boulevard,  thence  east  along  said  boulevard  to 
the  east  bounds  of  said  village  so  as  to  connect  with  the  Graceland 
road  in  the  town  of  Lake  View;  also  along  Lincoln  avenue  from 
the  east  bounds  to  the  north  bounds  of  said  village  of  Jefferson, 
and  for  that  purpose  erect  and  maintain  the  necessary  telegraph 
poles  or  posts  on  the  routes  aforesaid. 

If  2.  Location  of  poles — right  of  removal.]  § 2.  All  tele- 
graph poles  or  posts  shall  be  placed  at  such  distance  from  the  bounds 
of  the  streets  in  the  foregoing  section  named,  as  the  said  board  of 
trustees  shall  order  and  direct,  and  the  said  board  of  trustees  re- 
serves the  right  to  remove  or  change  the  location  of  said  poles  or 
posts,  at  the  cost  and  expense  of  said  telegraph  company,  at  any 
time,  after  giving  said  company  reasonable  notice  thereof,  and  said 
poles  or  posts  and  telegraph  lines  shall  be  so  constructed  as  not  to 
interfere  in  any  manner  with  the  free  and  unobstructed  use  of  the 
streets  along  which  the  same  shall  be  located,  or  with  the  shade 
trees  on  said  streets. 

1"  3.  Rights  reserved — use  of  poles.]  § 3.  The  permission, 
authority,  right  or  privileges  hereby  and  herein  granted  are  upon 
the  express  condition  that  said  village  shall  have  the  right,  free 
of  cost  or  expense,  to  maintain  or  connect  with  one  or  two  of  the 
telegraph  wires  of  said  company  a telephone  or  other  wire  for  fire 
alarm,  police  or  other  public  purposes  to  and  from  the  town  hall, 
and  all  police  stations  in  said  village  of  Jefferson. 

^f  4.  Indemnity  clause.]  § 4.  The  said  telegraph  company 
shall  forever  indemnify  and  save  harmless  the  said  village  of  Jeffer- 
son from  all  claims,  demands,  damages,  costs,  charges  and  liabilities 
caused  by  or  arising  from  the  construction,  erection  or  operating 
said  telegraph  lines,  poles  or  posts. 

If  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


BELL  TELEPHONE  COMPANY. 

§ 857.  Bell  Telephone  company. 

1.  Grant — conditions. 

An  ordinance  authorizing  the  Bell  Telephone  company  to  construct  and  main- 
tain lines  of  telegraph.  (Passed  September  9,  1878.) 


§§  858,  859]  BOARD  OF  TRADE  TELEGRAPH  COMPANY.  1851 

1 1.  Grant— conditions.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § I.  That  the  Bell  Telephone  Company,  of 

Boston,  Massachusetts,  is  hereby  authorized  to  construct  and  main- 
tain a line  or  lines  of  telegraph  through  the  streets  and  tunnels,  and 
under  the  bed  of  the  Chicago  river  and  its  branches,  so  as  in  nowise 
to  interfere  now,  or  hereafter,  with  the  navigation  of  said  river,  or  its 
branches;  the  line  or  lines  to  be  constructed  along  such  streets,  and 
across  the  river,  or  branches,  at  such  points,  and  in  such  manner,  as 
to  the  kind  and  position  of  the  telegraph  poles,  the  height  of  the  wires 
above  the  streets,  and  in  all  other  particulars  as  the  department  of 
public  works  may  direct;  Provided,  however,  that  the  said  company 
shall  connect  their  wires  with  the  mayor’s  office,  the  department  of 
public  works,  the  fire  department,  and  the  police  department,  and 
place  and  keep  telephones  therein  free  of  charge  to  the  city,  so  that 
the  said  telephones  may  be  used  in  connection  with  all  wires  under 
the  control  of  said  company;  and  provided,  further,  that  all  the  acts 
and  doings  of  said  company  under  this  ordinance  shall  be  subject  to 
any  ordinance  that  may  hereafter  be  passed  by  the  city  council  con- 
cerning the  same. 

Note. — See  following  repealing  ordinance. 

§ 858.  Bell  Telephone  company. 

^f  1.  Repealing  foregoing  ordinance. 

An  ordinance  repealing  an  ordinance  passed  September  9,  1878,  authorizing  the 

Bell  Telephone  company  to  construct  and  maintain  lines  of  telegraph. 

(Passed  January  4,  1889.) 

1 1.  Repealing  foregoing  ordinance.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago:  § i.  That  an  ordinance  passed 

September  9th,  1878,  being  an  ordinance  authorizing  the  Bell  Tele- 
phone Company,  of  Boston,  Massachusetts,  to  construct  and  maintain 
lines  of  telegraph  in  the  city  of  Chicago,  be  and  the  same  is  hereby 
repealed. 

§ 2.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


BOARD  OF  TRADE  TELEGRAPH  COMPANY. 

§ 859.  Board  of  Trade  Telegraph  company. 

IT  1.  Grant — route. 

if  2.  Rights  reserved — use  of  poles. 

If  3.  Indemnity  clause. 

if  4.  Rights  forfeited,  when. 

if  5.  Removal  of  poles. 

if  6.  When  in  force — acceptance. 


1852  TELEGRAPH  AND  TELEPHONE  COMPANIES.  : ‘ [§  859 

An  ordinance  granting  permission  to  the  Board  of  Trade  Telegraph  company  to 

erect  telegraph  lines  in  the  town  of  Lake.  (Passed  October  20,  1882. 

Accepted  October  20,  1882.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake  : § i.  That  permission  and  authority  is 

hereby  granted  to  the  Board  of  Trade  Telegraph  Company  of 
Chicago,  for  the  period  of  ten  years  from  this  date,  to  erect,  con- 
struct, maintain  and  securely  brace  and  guy  one  line  of  telegraph 
poles  with  cross  arms  and  wires  strung  thereon,  for  supporting  the 
insulators,  wires  and  other  necessary  fixtures  of  such  line  in  such 
manner  and  at  such  points  as  the  superintendent  of  public  works 
of  the  town  of  Lake  may  direct,  in,  along  and  upon  the  following 
streets  and  alleys  within  the  town  of  Lake,  to  wit:  Commencing 

at  a point  in  the  west  line  of  of  said  town  of  Lake,  at  its  inter- 
section with  the  Archer  road  or  avenue,  so  called,  thence  north- 
easterly  along  the  southeast  side  of  said  Archer  avenue,  to  its  inter- 
section with  Forty-seventh  street;  thence  east  along  the  south  side  of 
Forty-seventh  street  to  its  intersection  with  School  street;  thence 
north  along  the  west  side  of  School  street  to  its  intersection  with 
Forty-third  street;  thence  across  Forty-third  street  to  Buddan  street; 
thence  north  along  the  west  side  of  Buddan  street  to  its  intersection 
with  Root  street,  and  continuing  along  the  west  side  of  Buddan  street 
to  the  alley  between  Fortieth  street  and  Root  street;  thence  across 
alley  to  and  along  the  west  side  of  Hopkins  or  Portland  avenue  to  the 
intersection  of  Thirty-ninth  street;  thence  east  along  the  south  side  of 
Thirty-ninth  street  to  the  west  side  of  State  street. 

2.  Rights  reserved — use  of  poles.]  § 2.  This  permission 
and  authority  is  granted  upon  the  express  condition  and  consideration 
that  the  said  telegraph  company  shall,  at  its  own  expense,  string  two 
number  nine  wires  on  the  top  cross  bar  of  each  pole  on  said  telegraph 
line,  from  the  west  line  of  Archer  avenue  to  its  terminal  point  on  the 
west  line  of  State  street,  and  shall,  during  the  continuance  of  this  ordi- 
nance, maintain  said  wires,  keeping  the  same  in  repair  at  its  own  ex- 
pense, but  for  the  exclusive  use  of  said  town  of  Lake;  said  top  cross  bar 
to  be  for  the  exclusive  use  of  the  town  of  Lake,  to  have  four  pins,  and 
to  be  placed  three  feet  above  the  next  lower  cross  bar. 

If  3.  Indemnity  clause.]  § 3.  The  permission  and1  authority 
hereby  granted  are  upon  the  further  express  condition  that  the  said 
telegraph  company  shall  and  will  forever  indemnify  and  save  harmless 
the  town  of  Lake  against  any  and  from  all  damages,  judgments,  de- 
crees and  costs  and  expenses  of  the  same  which  it  may  suffer,  or  which 
may  be  recovered  or  obtained  against  said  town,  for  or  by  reason  of 
the  granting  of  said  privileges  and  authority,  and  for  or  by  reason  of, 
or  growing  out  of,  and  resulting  from  the  passage  of  this  ordinance, 
or  any  matter  or  thing  connected  therewith,  or  with  the  exercise,  by 
said  company,  of  the  privileges  hereby  granted,  or  from  any  act  or 
acts  of  the  said  company,  under  or  by  virtue  of  the  provisions  of  this 
ordinance 


§ 86o] 


CHICAGO  & MILWAUKEE  TELEGRAPH  COMPANY. 


1853 


4.  Rights  forfeited,  when.]  § 4.  The  permission  and  au- 
thority hereby  granted  are  upon  the  further  express  condition  that  in 
case  of  a transfer  of  the  telegraph  line  herein  provided  for,  or  of  a sale 
or  lease  by  the  said  Board  of  Trade  Telegraph  Company,  of  its  prop- 
erty or  franchise,  to  any  other  corporation  whatever,  or  in  case  the 
title  to  said  property  should  become  changed  by  the  operation  of  law, 
then  and  from  thenceforth  the  rights  and  privileges  granted  by  this 
ordinance  shall  cease  and  determine,  and  the  town  of  Lake  shall  have 
the  right  to  remove  the  poles  and  wires  which  may  be  erected  or 
strung  under  this  ordinance,  from  the  streets  and  alleys  of  said  town. 

IT  5.  Removal  of  poles.]  § 5.  The  permission  and  authority 
hereby  granted  are  upon  the  further  express  condition  that  whenever 
the  public  convenience,  in  the  judgment  of  the  board  of  trustees  of 
the  town  of  Lake,  may  require  that  any  of  the  telegraph  poles,  which 
may  be  erected  under  this  ordinance,  should  be  removed  to  some 
other  location,  to  be  designated  by  said  board  of  trustees,  the  said 
telegraph  company  shall,  within  ten  days  after  written  notice  to  any 
officer  of  said  company,  cause  said  change  to  be  made%at  the  expense 
of  said  telegraph  company,  and  in  case  of  the  failure  so  to  do,  the 
board  of  trustees  of  the  town  of  Lake  may,  at  the  cost  of  the  company, 
remove  the  poles  so  ordered  to  be  removed,  without  erecting  others 
in  their  stead 

1 6.  When  in  force — acceptance.]  § 6.  This  ordinance  shall 

not  be  in  force  until  the  written  acceptance  thereof  by  the  said  Board 
of  Trade  Telegraph  Company  of  Chicago  shall  be  filed  with  the  town 
clerk  of  the  town  of  Lake,  which  acceptance  must  be  filed  within  fif- 
teen days  from  this  date. 


CHICAGO  & MILWAUKEE  TELEGRAPH  COMPANY. 

§ 860.  Chicago  & Milwaukee  Telegraph  company. 

1.  Right  to  erect  telegraph  poles,  etc. 

An  agreement  between  J.  N.  Hills,  supervisor  of  the  town  of  Lake  View  and  C. 
G.  Sholes,  superintendent  of  the  Chicago  & Milwaukee  Telegraph  company, 
for  rights,  etc. 

*,  1.  Right  to  erect  telegraph  poles,  etc.]  Chicago,  July  3rd, 
1878.  For  and  in  consideration  of  the  granting  of  right  of  way 
through  the  town  of  Lake  View  by  said  town  of  Lake  View,  the  Chi- 
cago and  Milwaukee  Telegraph  Company  hereby  gives  to  said  town 
the  perpetual  right  and  privilege  to  erect  and  maintain  on  their  poles 
in  said  town  of  Lake  View  such  telegraph  or  fire  alarm  wires  as  said 
town  may  choose  to  put  up,  for  town  purposes. 

And  the  board  of  trustees,  by  these  presents,  gives  to  the  Chicago 


1854 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  861 


and  Milwaukee  Telegraph  Company  the  right  to  erect  and  maintain 
a telegraph  line  through  the  town  of  Lake  View,  on  the  following  lines 
and  conditions,  viz.:  Beginning  at  the  intersection  of  Fullerton  ave- 
nue and  Southport  avenue,  thence  north  on  Southport  avenue  to  Lin- 
coln avenue,  thence  northwesterly  on  Lincoln  avenue  to  Ashland  ave- 
nue; thence  north  on  Ashland  avenue  to  Leland  avenue,  thence  east 
on  Leland  avenue  to  the  Green  Bay  road,  and  thence  on  the  Green 
Bay  road  north  to  the  northern  limits  of  said  town.  Said  line  to  be 
constructed  as  follows,  to-wit:  The  poles  to  be  of  the  uniform  height 

of  twenty-five  feet  above  the  surface  of  the  ground,  and  erected  in  a 
straight  line  on  all  streets  south  of  Leland  avenue,  and  at  ten  feet 
from  the  side  of  those  streets;  and  the  poles  and  wires  to  be  put  up  in 
a workmanlike  manner  and  without  damage  to  shade  trees  and  foliage 
more  than  is  absolutely  necessary  to  leave  the  wires  free  from  contact' 
at  all  times. 

Witness  our  hands  and  seals  the  day  and  year  above  written. 

JOHN  N.  HILLS.  [Seal.] 

* Supervisor  of  Lake  View. 

C.  G.  SHOLES.  [L.  S.] 

Supt.  of  C.  & M.  Tel.  Co. 

Witness:  C.  W.  GULICK. 


CHICAGO  TELEPHONE  COMPANY. 

§ 86 1.  Chicago  Telephone  company. 

■^[  i.  Grant — route. 

1[  2.  Location  of  poles — construction. 

H 3-  Rights  reserved — use  of  poles,  etc. 

^■4.  Use  of  poles  by  others — indemnity. 

5.  Subject  to  ordinances— wires  underground. 

TJ  6.  Period  of  grant. 

7.  When  in  force — acceptance. 

An  ordinance  authorizing  the  Chicago  Telephone  company  to  erect  poles  for 
telephone  wires  in  the  town  of  Lake.  (Passed  November  18,  1881.  Accepted 
December  2,  1881.) 

1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees  of 

the  town  of  Lake:  § 1.  That  the  Chicago  Telephone  Company  is 
hereby  authorized  to  erect  telephone  poles  in  the  town  of  Lake  as 
hereinafter  specified,  and  to  construct  and  maintain  a line  or  lines  of 
telephone  wire  in  connection  with  the  same,  viz.:  On  the  north  side 

of  Root  street  from  State  street  to  Halsted  street,  and  on  the  north 
side  of  Forty-third  street  from  Halsted  street  to  the  tracks  of  the  Chi- 
cago and  Western  Indiana  Railroad  Company. 


§86i] 


CHICAGO  TELEPHONE  COMPANY. 


1855 


•f  2.  Location  of  poles — construction.]  § 2.  The  poles  hereby 
authorized  to  be  erected  shall  be  placed  at  the  edge  or  curb  of  the  side- 
walk, and  the  whole  manner  of  constructing  said  telephone  lines  as 
to  length  of  the  poles,  their  size  and  kind,  their  positions  on  the  streets 
named  herein,  and  otherwise,  shall  be  as  the  board  of  trustees  of  the 
town  of  Lake  shall  direct. 

1*  3.  Rights  reserved — use  of  poles,  etc.]  § 3.  The  town  of 
Lake  shall  have  the  right  to  place  its  wires  for  fire  alarm  and  police 
purposes  upon  any  or  all  of  the  poles  which  may  be  erected  along  any 
of  the  streets  specified  in  this  ordinance,  and  where  any  of  its  said 
wires  are  now  strung  upon  poles  erected  along  any  of  said  streets,  the 
same  shall  be  transferred  by  the  said  Chicago  Telephone  Company  to 
the  poles  which  it  may  erect  along  said  streets,  under  the  authority  of 
this  ordinance,  without  expense  to  the  town  for  such  transferring;  and 
the  said  telephone  company  shall  furnish  and  string,  free  of  cost  to  the 
town  of  Lake,  two  number  nine  wires  on  said  poles  along  Root  street 
from  State  street  to  the  town  hall. 

IF  4.  Use  of  poles  by  others — indemnity.]  § 4.  The  author- 
ity hereby  granted  is  upon  the  express  condition  that  the  Packers’ 
Telegraph  Company  shall  have  the  right  to  string,  fpr  its  purposes, 
one  wire,  and  operate  the  same  upon  said  poles  on  Root  street  from 
Halsted  street  to  State  street,  and  that  the  said  telephone  company 
shall  indemnify  and  hold  the  town  harmless  from  any  and  all  damages 
and  expense  to  which  it  may  be  subjected  by  reason  of  the  passage  of 
this  ordinance,  and  against  all  damages  which  may  result  to  shade 
trees,  and  from  the  falling  of  its  poles  and  wires  along  either  of  said 
streets  specified  in  this  ordinance. 

If  5.  Subject  to  ordinances — wires  underground.]  § 5.  All 
the  proceedings  of  said  telephone  company  under  this  ordinance  shall 
be  subject  to  any  ordinance  relative  to  the  same  which  may  hereafter 
be  passed  by  the  board  of  trustees  of  the  town  of  Lake,  or  its  success- 
ors in  corporate  authority,  and  subject  to  any  ordinance  which  may 
hereafter  be  passed  by  the  board  of  trustees  of  the  town  of  Lake  or  its 
successors  in  corporate  authority  relative  to  placing  telegraph  or  tele- 
phone lines  or  wire  or  electric  conductors  used  and  operated  within 
the  corporate  limits  of  said  town  of  Lake,  under  the  streets  of  said 
town,  and  all  regulations  relative  thereto  which  may  be  hereafter  pre- 
scribed by  such  ordinance. 

T 6.  Period  of  grant.]  § 6.  The  grants  and  privileges  herein 
conferred  shall  not  extend  beyond  the  period  of  five  years  from  the 
passage  of  this  ordinance  without  the  further  consent  of  said  board  of 
trustees  or  its  successors  in  corporate  authority,  and  the  poles  and 
lines  mentioned  in  this  ordinance  shall  be  placed  in  position  within 
thirty  days  from  the  passage  of  this  ordinance. 

If  7.  When  in  force — acceptance.]  § 7.  The  provisions  of 
this  ordinance  shall  extend  to  and  be  binding  upon  all  the  grantees, 
lessees  or  purchasers  deriving  title  through  or  under  the  grantees  of 
this  ordinance,  and  this  ordinance  shall  not  be  in  force  until  a written 


1856 


TELEGRAPH  AND  TELEPHONE  COMPANIES.  [§  § 862,  863 


acceptance  thereof  by  said  company,  signed  by  its  proper  officer  and 
its  corporate  seal  affixed  thereto  and  properly  attached  is  filed  with 
the  town  clerk  of  the  town  of  Lake,  said  acceptance  to  be  filed  within 
ten  days  after  the  passage  of  this  ordinance. 

§ 862.  Chicago  Telephone  company. 

1.  Grant — term — route. 

2.  Powers  reserved  in  council. 

IT  3.  Charges. 

•ft  4-  When  in  force. 

An  ordinance  to  authorize  the  erection  of  poles  and  wires  and  the  maintenance 

of  systems  of  telephones  or  a telephone  exchange  in  the  town  of  Cicero, 

Cook  county,  111.  (Passed  July  8,  1882.) 

1 1.  Grant— term— route.]  Be  it  ordained  by  the  board  of 

trustees  of  the  town  of  Cicero,  Illinois:  § i.  That  the  Chicago 

Telephone  Company,  its  successors  and  assigns,  be  and  they  are  here- 
by granted  the  right  of  way  through,  in  and  upon  Fortieth  street,  from 
North  avenue  to  Chicago  avenue;  thence  west  on  Chicago  avenue  to 
Harlem  avenue,  the  west  township  line,  for  the  term  of  ten  years,  and 
upon  such  other  public  highways  and  alleys  within  the  limits  of  said 
town  of  Cicero -as  the  board  of  trustees  may  hereafter  designate,  to  ; 
erect  and  maintain  the  necessary  poles  and  wires  to  successfully  oper-  I 
ate  and  use  a system  of  telephones,  or  a telephone  exchange,  in  and 
through  the  said  town  of  Cicero,  provided  the  said  Chicago  Telephone 
Company  shall  so  place  said  poles  as  not  to  interfere  with  the  travel  j 
on  said  highways  and  alleys,  or  to  interfere  with  or  injure  any  trees  ! 
on  said  streets. 

1 2.  Powers  reserved  in  council.]  § 2.  The  streets  and 
other  places,  not  mentioned  herein,  used  for  the  erection  of  said  poles 
and  wires,  shall  be  designated  by  the  trustees  by  ordinance,  and  it  is  1 
expressly  provided  that  said  town  of  Cicero  may  at  any  time  during 
the  privileges  granted  herein,  make  such  changes  or  alterations  in  the 
location  of  said  poles  and  wires  over  such  streets  and  alleys  as  it  may 
deem  proper,  provided  such  changes  or  alterations  do  not  interfere 
with  the  proper  use  of  said  poles  or  wires. 

% 3.  Charges.]  § 3.  That  the  Chicago  Telephone  Company 
shall  maintain  public  telephones  for  the  use  and  accommodation  of 
the  inhabitants  of  said  town  of  Cicero,  whenever  it  is  practicable  so  to 
do,  at  such  places  as  the  board  of  trustees  shall  hereafter  direct,  and 
shall  establish  reasonable  rates  and  charges  for  the  use  thereof. 

^ 4.  When  in  force.]  § 4.  This  ordinance  to  be  in  full  force 
and  effect  from  and  after  its  passage. 

§ 863.  Chicago  Telephone  company. 

1.  Grant — conditions. 

2.  Rights  reserved — use  of  lines. 

3.  Indemnity  clause. 

•f [ 4.  When  in  force. 


864] 


CHICAGO  TELEPHONE  COMPANY. 


1857 


An  ordinance  authorizing  the  Chicago  Telephone  company  to  erect  and  main- 
tain a system  of  telephone  lines  in  the  village  of  Jefferson.  (Passed  July  8, 
1882.  Approved  July  10,  1882.) 

If  1.  Grant — conditions.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Jefferson:  § 1.  The  Chicago 

Telephone  Company  shall  be  permitted  to  construct  and  maintain  a 
system  of  telephone  lines  upon  the  streets,  avenues,  roads  and  alleys 
of  the  village  of  Jefferson,  in  the  county  and  state  aforesaid,  and  for 
such  purpose  to  erect  and  maintain  all  necessary  poles  or  posts  of 
wood,  iron  or  other  suitable  material;  Provided,  however,  and  the 
grant,  privilege,  authority  and  permission  is  hereby  given  solely  upon 
condition  that  said  poles  or  posts  shall  be  placed  at  such  distance  from 
the  sides  or  bounds  of  the  streets,  avenues,  roads  and  alleys  aforesaid 
as  the  said  board  of  trustees  shall  direct,  and  the  said  board  reserving 
the  right  at  any  time  to  move  or  change  the  said  poles  or  posts  at  said 
company’s  expense  on  giving  said  company  reasonable  notice  thereof; 
and  provided,  further,  and  the  said  grant,  privilege,  authority  and  per- 
mission is  upon  the  further  condition  that  the  said  poles  or  posts  and 
telephone  lines  shall  be  constructed  so  as  not  to  interfere  in  any  man- 
ner with  the  free  and  unobstructed  use  of  the  said  streets,  avenues, 
roads  and  alleys. 

1 2.  Rights  reserved — use  of  lines.]  § 2.  The  permission, 
privilege  and  rights  hereby  granted  are  upon  the  express  condition 
that  the  said  village  of  Jefferson  shall  have  the  free  use  of  the  tele- 
phone lines  along  any  of  its  routes,  so  far  as  the  same  can  from  time 
to  time  be  conveniently  connected  with  the  town  hall  or  any  of  the 
police  stations  where  the  public  business  of  said  village  is  transacted 
and  for  the  use  of  such  public  business  only. 

•f  3.  Indemnity  clause.]  § 3.  The  said  Chicago  Telephone 
Company  shall  be  responsible  and  indemnify  and  save  harmless  the 
said  village  of  Jefferson  of  and  from  all  claims,  demands,  suits,  actions, 
damages  and  loss  caused  by  or  growing  out  of  the  erection,  construc- 
tion or  maintenance  of  said  poles,  posts  or  telephone  lines. 

1 4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 864.  Chicago  Telephone  company. 

1.  Grant — conditions. 

An  ordinance  authorizing  the  Chicago  Telephone  company  to  erect  poles  and 
wires  in  the  village  of  Hyde  Park.  (Passed  and  approved  August  3,  1882.) 

*[f  1.  Grant — conditions.]  Be  it  ordained  by  the  president  and 
board  of  trustees  of  the  village  of  Hyde  Park:  § 1.  That  the  Chi- 

cago Telephone  Company,  its  successors  and  assigns,  be  and  they  are 
hereby  granted  the  right  to  erect  and  maintain,  upon  and  along  the 
streets  and  alleys  of  said  village,  lines  of  poles  and  wires,  the  location 
and  manner  of  construction  of  said  poles  and  wires  to  be  subject  to 

the  approval  of  board  of  trustees  of  the  village  of  Hyde  Park:  Pro- 
117 


1858 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


vided,  that  in  consideration  hereof,  the  said  telephone  company  shall 
proceed  to  rebuild  and  place  upon  its  own  poles  the  existing  police 
and  fire  alarm  wires  of  said  village,  reserving  sufficient  space  upon  the 
top  of  its  poles  to  carry  such  wires  as  may  from  time  to  time  be  re- 
quired by  the  village,  the  village  to  furnish  wire  and  insulators,  the 
telephone  company  thereafter  to  maintain  said  poles  and  lines  in  good 
repair,  the  village  to  furnish  wires  and  insulators  for  renewals  when 
needed;  and  further,  provided,  that  the  telephone  company,  its  suc- 
cessors and  assigns,  shall  furnish  the  village  hall  with  an  exchange 
telephone,  connected  with  the  Chicago  exchange,  free  of  charge,  and 
shall  also  furnish  the  village  with  telephones,  Edison  transmitter,  for 
use  upon  municipal  private  lines,  for  municipal  purposes,  at  the  rate  of 
seven  dollars  and  a half  per  annum  rental  for  each  telephone,  and  for 
each  Edison  transmitter  so  furnished.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

§ 865.  Chicago  Telephone  company. 

f 1.  Grant. 

y 2.  Additional  lines.* 

y 3.  Conditions — use  of  poles,  etc. 

*[|  4.  Construction — supervision. 

y 5.  Indemnity  clause. 
y 6.  Route. 

y 7.  Rights  reserved — location  of  poles. 
y 8.  Rights  reserved — wires  underground. 
y 9.  When  in  force — acceptance. 
y 10.  Subject  to  ordinances. 
y 11.  Former  ordinances  repealed. 

4m  ordinance  granting  permission  to  the  Chicago  Telephone  company  to  erect 
telephone  lines  in  the  town  of  Lake.  (Passed  May  28,  1883.  Accepted 
June  4,  1883.) 

1.  Grant.]  Be  it  ordained  by  the  board  of  trustees  of  the  town 
of  Lake:  § 1.  That  the  Chicago  Telephone  Company,  a corpora- 

tion of  Illinois,  is  hereby  authorized  to  construct  and  maintain  lines 
of  poles  and  wires  upon  and  across  the  streets  and  alleys  of  said  town, 
specified  in  section  6 of  this  ordinance. 

T 2.  Additional  lines.]  § 2.  If  at  any  time  the  said  telephone 
company  shall  desire  to  construct  and  maintain  additional  lines  of  poles 
and  wires  upon  any  streets  or  alleys  not  specified  in  the  said  section  6, 
it  shall  apply  to  said  board  for  authority  so  to  do,  and  if  authorized, 
such  additional  lines  shall  in  all  respects  be  considered  as  erected  un- 
der this  ordinance. 

Tf  3.  Conditions — use  of  poles,  etc.]  § 3.  In  consideration 
of  the  grants  and  franchises  hereinbefore  contained,  the  said  telephone 
company  shall  furnish,  rent  free,  such  space  upon  the  top  of  all  poles 
erected  or  rebuilt  hereunder  as  may,  from  time  to  time,  be  necessary 
to  carry  the  police  and  fire  alarm  wires  of  said  town.  It  shall  furnish, 
rent  free,  an  exchange  telephone  at  the  town  hall,  connected  with  the 


865] 


CHICAGO  TELEPHONE  COMPANY. 


1859 


Chicago  exchange;  it  shall  furnish  said  town  with  telephones  for  use 
upon  its  municipal  private  lines,  for  its  municipal  business  only,  at  an 
annual  rental  of  seven  dollars  and  fifty  cents  ($7.50)  for  each  telephone 
(a  telephone  and  a transmitter  or  “set”  to  count  as  two  telephones), 
and  it  shall  furnish  said  town  at  cost  with  labor  and  material  for  con- 
struction or  repairs  of  poles  or  wires  belonging  to  the  town,  if  re- 
quested. 

1 4.  Construction— supervision.]  § 4*  The  said  telephone 
company,  in  constructing  lines  now  or  hereafter  authorized  by  the 
board  of  trustees,  shall  act  under  the  general  supervision  of  the  super- 
intendent of  public  works,  or  his  authorized  representatives.  It  shall, 
as  far  as  possible,  utilize  the  existing  lines  of  fire  and  police  alarm 
telegraph  poles  belonging  to  the  town,  rebuilding  them  when  neces- 
sary; such  rebuilt  lines  to  belong  to  the  said  telephone  company,  but 
subject  in  all  respects  to  the  provisions  of  this  ordinance. 

T 5.  Indemnity  clause.]  § 5.  The  said  telephone  company 
shall  indemnify  and  save  harmless  the  said  town  from  any  costs  or 
damages  recovered  in  any  suit  brought  against  said  town,  by  reason  of 
said  telephone  company’s  use  or  occupancy  of  the  streets  and  alleys 
hereunder;  provided  said  town  shall  notify  said  telephone  company 
in  writing,  of  the  institution  of  any  such  suit,  a reasonable  time  be- 
fore the  trial  thereof. 

T 6.  Route.]  § 6.  The  streets  and  alleys  referred  to  in  section 
1 of  this  ordinance  are  as  follows: 

North  side  of  Root  street,  from  Halsted  street  to  State  street;  north 
side  of  Forty-third  street,  from  stock  yards  to  Stewart  avenue;  south 
side  of  Forty-seventh  street,  from  Halsted  street  to  Wentworth  avenue; 
east  side  of  Ashland  avenue,  from  Thirty-ninth  street  to  Forty-fifth 
street.  The  lines  on  the  foregoing  streets  are  already  built. 

East  side  of  School  street,  from  Root  street  to  Forty-seventh 
street;  south  side  of  Forty-seventh  street,  from  School  street  to  Went- 
worth avenue;  west  side  of  Wallace  street,  from  Thirty-ninth  street  to 
Root  street;  east  side  of  Wright  street,  from  Sixtv-eighth  street  to 
Seventy-fifth  street;  south  side  of  Chestnut  street  from  Wentworth 
avenue  to  Stewart  avenue;  south  side  of  Fifty-ninth  street,  from  Went- 
worth avenue  to  State  street.  These  lines  are  not  yet  built. 

1 7.  Rights  reserved — location  of  poles.]  § 7.  In  case  in  the 
discretion  of  the  board  of  trustees  of  said  town  public  convenience 
shall  require  the  change  of  location  of  any  poles  erected  hereunder, 
the  said  telephone  company  shall  make  such  change  at  its  own  ex- 
pense upon  notification  so  to  do  by  the  superintendent  of  public 
works. 

T 8.  Rights  reserved— wires  underground.]  § 8.  At  any 

time,  aften  ten  years  from  the  date  hereof,  the  said  board,  for  itself 
and  its  successors,  reserves  the  right  to  order  said  telephone  company 
to  place  its  wires  under  ground  provided  that  said  order  shall  be  en- 


1860 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


forced  equally  and  alike  against  all  other  corporations,  public  or  pri- 
vate, and  against  all  individuals  at  that  time  maintaining  wires  in  the 
public  streets  or  alleys  without  favor  or  discrimination. 

If  9.  When  in  force— acceptance.]  § 9.  This  ordinance  shall 
be  in  force  from  and  after  its  passage  and  its  written  acceptance  by  said 
company,  filed  with  the  town  clerkk,  and  shall  be  binding  on  the  suc- 
cessors and  assigns  of  said  telephone  company. 

% 10.  Subject  to  ordinances.]  § 10.  The  Chicago  Telephone 
Company  shall  abide  by  and  be  subject  to  all  general  ordinances  which 
may  hereafter  be  adopted  by  the  town,  not  in  conflict  herewith,  and 
adopted  as  police  regulations  governing  telephone  companies  within 
the  town. 

*[[  11.  Former  ordinances  repealed.]  §11.  All  former  ordi- 
nances granted  to  said  telephone  company  are  hereby  repealed. 

§ 866.  Chicago  Telephone  company. 

1.  Grant — route. 

2.  Construction — conditions. 

nf  3.  Supervision,  etc.,  by  authorities. 

*11  4.  When  in  force — acceptance. 

An  ordinance  authorizing  the  Chicago  Telephone  company  to  erect  and  main- 
tain telegraph  poles  and  wires  in  the  village  of  Washington  Heights. 

(Passed  February  4,  1884.  Accepted  March  17,  1884.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  president  and  board 
of  trustees  of  the  village  of  Washington  Heights:  § 1.  That  the 

Chicago  Telephone  Company,  a corporation  of  the  state  of  Illinois, 
and  its  assigns,  be  and  is  hereby  authorized  to  erect  and  maintain 
necessary  poles,  and  the  attachment  of  wires  thereto  along  and  upon 
the  south  side  of  Grove  street  from  Halsted  street  west  to  Church 
street,  and  upon  the  west  side  of  Church  street  from  Grove  street 
south  to  the  village  limits,  and  on  the  west  side  of  Hilliard  avenue 
from  Grove  street  north  to  Tracy  avenue,  with  branches  on  the  south 
side  of  said  Tracy  avenue  running  40  feet  east  and  400  feet  west  from 
Hilliard  avenue  in  said  village. 

1 2.  Construction — conditions.]  § 2.  That  the  poles  so  to  be 
erected  shall  be  painted  with  two  coats  of  mineral  paint,  and  shall 
be  set  so  as  not  to  come  within  any  drain,  ditch  or  channel  for  the 
passage  of  water,  or  in  any  way  to  interfere  with  the  drainage  of  the 
village;  and  further,  that  none  of  the  poles  or  wires,  so  to  be  erected 
along  any  highway  above  mentioned,  shall  interfere  with  travel  along 
the  same,  or  along  the  sidewalks,  crosswalks,  cross-streets,  alleyways 
or  private  entry-ways  connected  with  any  such  highway. 

T 3.  Supervision,  etc.,  by  authorities.]  § 3.  That  said  tele- 
phone company  is  hereby  required  to  make  any  alterations  in  the 
location  or  erection  of  any  such  poles,  and  also  the  height  of  the  wires, 
which  may  hereafter  be  directed  by  the  proper  authorities  of  said  vil- 
lage, upon  proper  notice  being  given  to  said  company  or  its  agent;  and 


CHICAGO  TELEPHONE  COMPANY. 


1861 


§ 867] 


further,  that  the  committee  on  streets  and  highways  of  the  board  of 
trustees  of  said  village  shall  have  power  to  direct  the  erection  of  said 
poles  and  see  that  the  provisions  of  this  ordinance  are  complied  with. 

4.  When  in  force — acceptance.]  § 4.  This  ordinance  shall 
take  effect  and  be  in  force  upon  the  filing,  by  said  company,  with  the 
village  clerk,  a proper  acceptance  in  writing,  obligating  itself  to 
abide  and  be  governed  by  the  provisions  of  this  ordinance  and  con- 
sent. 

§ 867.  Chicago  Telephone  company. 

TT  1.  Grant — conditions. 

2.  When  in  force. 

An  ordinance  granting  to  the  Chicago  Telephone  company  authority  to  erect  and 

maintain  telephone  poles  and  lines  in  the  public  streets  and  alleys  of  the  vil- 
lage of  Jefferson.  (Passed  and  approved  March  14,  1885.) 

1 1.  Grant — conditions.]  §1.  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Jefferson,  that  the  Chicago 
Telephone  Company,  a corporation  of  Illinois,  be  and  is  hereby  au- 
thorized to  erect  and  maintain  lines  of  poles  and  wires  upon  and 
across  the  public  streets  and  alleys  within  the  corporate  limits  of  said 
village : 

Provided,  first:  That  the  location  and  manner  of  construction  of 

said  lines  shall  be  subject  to  the  approval  of  the  said  board  of  trustees, 
or  its  duly  authorized  agent. 

Provided  second:  That  in  consideration  of  the  foregoing  grant,  the 
said  telephone  company  shall  furnish  and  maintain  private  wires  and 
telephone  apparatus  for  municipal  purposes  at  the  following  special 
rates:  For  each  set  of  instruments  $25.00  per  annum,  for  each  mile 

of  wire  $10.00  per  annum.  That  it  shall  furnish  and  maintain  public 
telephones  at  Irving  Park  and  Jefferson,  commonly  called  Plank  Road 
station,  and  at  such  other  points  as  may  prove  reasonably  remunera- 
tive to  said  company,  and  one  at  police  station  in  section  36.  That 
it  shall  furnish  the  free  use  of  its  “public  toll  station”  for  the  official 
business  of  the  executive  officers  of  the  said  village,  and  hereafter  if 
any  general  telephone  facilities  not  herein  specified  shall  be  required 
by  said  village,  said  telephone  company  shall  furnish  same  at  25  per 
cent  reduction  from  its  usual  rates. 

Provided  third:  That  said  telephone  company  shall  perform  any 
construction  within  its  line  of  business  which  may  be  required  by  . the 
said  village,  charging  actual  cost  therefor. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  enforced 
from  and  after  its  passage. 


1862 


TELEGRAPH  AN1)  TELEPHONE  COMPANIES. 


[§  868 


§ 868.  Chicago  Telephone  company. 

i.  Grant — route — charges. 

TT  2.  Reservation  of  rights. 

IT  3.  When  in  force. 

An  ordinance  granting  to  the  Chicago  Telephone  company  license  to  maintain 

telephone  poles  and  lines  in  certain  of  the  public  streets  and  alleys  of  the 

town  of  Cicero.  (Passed  May  9,  1885.) 

T 1.  Grant — route — charges.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Cicero  in  meeting  assembled:  § 1.  That  the 

Chicago  Telephone  Company,  a corporation  duly  organized  and  do- 
ing business  under  and  by  virtue  of  the  laws  of  the  state  of  Illinois, 
be  and  the  same  is  hereby  licensed  to  erect  and  maintain  poles  and 
wires  upon  and  across  the  public  streets  and  alleys  hereinafter  men- 
tioned in  said  town  of  Cicero: 

That  is  to  say,  on  Fortieth  (40th)  street  from  North  avenue  to 
Chicago  avenue;  on  Chicago  avenue  from  Fortieth  (40th)  street  to 
Harlem  avenue;  and  on  Harlem  avenue  from  Chicago  avenue  to  Lake 
street,  with  “spur”  lines  connecting  the  main  lines  with  its  stations  in 
Austin,  Oak  Park  and  the  residence  of  J.  W.  Scoville. 

On  Fortieth  (40th)  street  from  Lake  street  to  the  Illinois  and 
Michigan  canal  and  on  Blanchard  avenue  from  said  canal  to  Thirty- 
ninth  (39th)  street,  upon  the  following  conditions,  to-wit: 

That  at  once,  between  all  points  reached  by  its  pole  lines  within 
said  Town,  it  shall  furnish  and  maintain  private  wires  and  telephone 
apparatus  of  the  latest  and  best  description  for  municipal  purposes  at 
the  following  special  rates,  viz: 

For  each  set  of  instruments  twenty-five  (25.00)  dollars  per  annum, 
for  each  mile  of  wire  ten  (10.00)  dollars  per  annum,  keeping  such  set 
of  instruments  and  all  wire  in  thorough  working  order  free  of  all  ex- 
pense to  the  town. 

In  case  improved  instruments  or  apparatus  of  any  kind  or  character 
are  made  use  of  by  said  company,  in  the  city  of  Chicago  or  elsewhere, 
it  shall  upon  request  of  the  trustees  of  said  town,  made  known  to  said 
company  by  the  town  clerk  of  said  Cicero,  put  up  and  maintain  for 
use,  as  aforesaid,  such  improved  instruments  and  apparatus  for  said 
municipal  purposes,  and  in  case  the  charge  for  the  use  of  instruments 
and  wire  shall  be  lowered  in  the  city  of  Chicago  or  elsewhere  by  said 
company,  the  aforesaid  charges  for  the  use  of  said  town  shall  be  low- 
ered in  the  same  “proportion.” 

Said  company  shall  also  furnish  free  of  charge  its  public  toll  sta- 
tion telephones  for  the  official  business  of  the  officers  of  said  town, 
whether  the  same  be  elected  or  appointed,  provided,  however,  that 
when  such  telephone  is  used  by  such  officer,  he  shall  give  to  the 
person  in  charge  thereof,  if  requested  so  to  do,  a memorandum  or 
check,  containing  the  officer’s  name  thus  using  the  telephone,  the  date 
and  hour  of  the  message,  and  further,  if  hereafter  any  other  general 


CHICAGO  TELEPHONE  COMPANY. 


1863 


§869] 


telephonic  facilities  shall  be  required  by  said  town,  said  company  shall 
furnish  the  same  at  not  to  exceed  seventy-five  (75)  per  cent  of  its 
usual  rates. 

1 2.  Reservation  of  rights.]  § 2.  All  poles  erected  by  said 
company  shall  be  placed  at  such  height  from  the  ground  as  the  en- 
gineer of  the  town  may  direct,  and  he  may  vary  the  height  to  suit 
different  localities,  in  his  discretion,  and  after  the  same  are  erected 
from  time  to  time  as  the  interests  of  the  town,  in  the  judgment  of  the 
board  of  trustees  may  require,  said  poles  may  be  changed  in  height 
under  the  direction  of  the  engineer,  free  of  expense  to  the  town. 

If  by  reason  of  the  erection  of  said  poles  it  becomes  more  ex- 
pensive to  care  for  and  keep  in  order  said  streets  and  avenues  upon 
which  said  poles  may  hereafter  be  set,  such  additional  expense  shall 
be  defrayed  by  said  company. 

In  case  the  town  desires  more  telephone  service  than  herein  speci- 
fied, said  company  shall  furnish  the  same  charging  only  actual  ex- 
pense of  construction. 

In  case  said  company  shall  neglect  or  refuse  to  fulfill  all  the  mat- 
ters and  things  herein  specified  to  be  done  by  it,  said  town  reserves 
the  right  to  rescind  this  ordinance  and  enter  upon  the  streets  over 
and  on  which  run  the  lines  of  said  company,  and  remove  said  lines  and 
poles,  or  it  may  cause  others  to  do  the  various  matters  or  things  that 
should  be  done  by  the  company,  and  charge  said  company  for  the  ex- 
pense thus  incurred,  or  said  town  may  pursue  any  other  course  it  may 
deem  advisable,  and  a choice  of  method  of  proceeding  shall  not  be 
construed  as  a waiver  of  the  right  to  pursue  any  or  all  other  ways  and 
means  to  enforce  performance  of  the  conditions  upon  which  this  ordi- 
nance is  granted. 


IT  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  the  date  of  its  passage. 

§ 869.  Chicago  Telephone  company. 

H 1.  Grant — conditions. 

f'  2.  When  in  force. 

Tf  3.  Repeal. 

An  ordinance  granting  to  the  Chicago  Telephone  company  authority  to  erect 
and  maintain  telephone  poles  and  lines  in  the  public  streets  and  alleys  of  the 
village  of  Jefferson.  (Passed  and  approved  May  23,  1885.) 

If  1.  Grant — conditions.]  §1.  Be  it  ordained  by  the  president 
and  board  of  trustees  of  the  village  of  Jefferson,  that  the  Chicago  Tele- 
phone Company,  a corporation  of  Illinois,  be  and  is  hereby  authorized 
to  erect  and  maintain  lines  of  poles  and  wires  upon  and  across  the 
public  streets  and  alleys  within  the  corporate  limits  of  said  village. 

< Provided,  first,  that  the  location  and  manner  of  construction  of 
said  lines  shall  be  subject  to  the  approval  of  the  said  board  of  trustees, 


1864 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  870 


or  its  duly  authorized  agent,  and  the  location  of  all  poles  shall  be 
done  under  the  direction  of  the  village  engineer,  and  their  removal 
at  any  time  subject  to  his  order. 

Provided  second,  that  in  consideration  of  the  foregoing  grant,  the 
said  telephone  company  shall  furnish  and  maintain  private  wires  and 
telephone  apparatus  for  municipal  purposes  at  the  following  special 
rates:  For  each  set  of  instruments  twenty-five  dollars  per  annum  for 
each  mile  of  wire,  ten  dollars  per  annum.  That  it  shall  furnish  and 
maintain  public  telephones  at  Irving  Park  and  at  Jefferson  (commonly 
called  Plank  Road  station),  and  at  such  other  places  as  this  company 
may  elect;  and  maintain  the  same  so  long  as  they  shall  prove  reason- 
ably remunerative.  Also  one  at  the  police  station  in  section  36.  That 
it  shall  furnish  the  free  use  of  its  public  toll  station  for  the  official 
business  of  the  executive  officers  of  said  village,  and,  hereafter,  if 
any  general  telephone  facilities  not  herein  specified  shall  be  required 
by  said  village,  said  telephone  company  shall  furnish  the  same  at  25 
per  cent  reduction  from  the  usual  rates. 

Provided  third,  that  said  Telephone  company  shall  perform  any 
construction  within  its  line  of  business  which  may  be  required  by  the 
said  village  charging  actual  cost  therefor. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
on  and  after  its  passage. 

If  3.  Repeal.]  § 3.  All  ordinances  or  parts  of  ordinances  in 
conflict  with  any  of  the  provisions  of  this  ordinance  are  hereby  re- 
pealed. 

§ 870.  Chicago  Telephone  company. 

1.  Grant — conditions. 

T[  2.  Time  of  completion. 

3.  When  in  force. 

% 4.  Repeal. 

An  ordinance  granting  to  the  Chicago  Telephone  company  authority  to  erect  and 
maintain  telephone  poles  and  lines  in  the  public  streets  and  alleys  of  the 
village  of  Jefferson.  (Passed  and  approved  July  i,  1885.) 

Tf  1.  Grant — conditions.]  § 1.  Be  it  ordained,  by  the  president 
and  board  of  trustees  of  the  village  of  Jefferson,  that  the  Chicago 
Telephone  Company,  a corporation  of  Illinois,  be  and  is  hereby  author- 
ized to  erect  and  maintain  lines  of  poles  and  wires  upon  and  across  the 
public  streets  and  alleys  within  the  corporate  limits  of  said  village: 
Provided,  first,  that  the  location  and  manner  of  construction  of 
said  lines  shall  be  subject  to  the  approval  of  said  board  of  trustees,  and 
be  done  under  the  direction  of  the  village  engineer,  the  board  of  trus- 
tees reserving  the  right  to  order  the  location  of  said  lines  changed  from 
time  to  time  as  the  needs  or  convenience  of  said  village  may  require. 

Provided,  second,  that  in  consideration  of  the  foregoing  grant,  the 
said  telephone  company  shall  furnish  and  maintain  private  wires  and 


87i] 


CHICAGO  TELEPHONE  CO. 


1865 


telephonic  apparatus  for  municipal  purposes,  when  and  where  required 
so  to  do  by  the  board  of  trustees,  at  the  following  special  rates: 

For  each  set  of  instruments,  twenty-five  ($25.00)  dollars  per  an- 
num— for  each  mile  of  wire,  ten  ($10.00)  dollars  per  annum.  That  it 
shall  furnish  and  maintain  public  telephones  at  Irving  Park,  at  Jeffer- 
son (commonly  called  Plank  Road  station),  at  the  police  station  in 
section  36,  and  at  such  other  points  as  said  telephone  company  may 
elect,  and  maintain  the  same  so  long  as  they  shall  prove  reasonably 
remunerative.  That  it  shall  furnish  the  free  use  of  its  “public  toll 
station”  for  the  official  business  of  the  executive  officers  of  said  vil- 
lage; and  hereafter  if  any  general  telephonic  facilities  not  herein  speci- 
fied shall  be  required  by  said  village,  said  telephone  company  shall 
furnish  the  same  at  twenty-five  (25)  per  cent  reduction  from  its  usual 
rates. 

Provided,  third,  that  said  telephone  company  shall  perform  any 
construction  within  its  line  of  business  which  may  be  required  by  the 
said  village,  charging  actual  cost  therefor. 

If  2.  Time  of  completion.]  § 2.  It  is  hereby  specially  pro- 
vided that  the  said  company  shall  establish  its  main  line  connecting  the 
places  specified  in  section  1,  in  complete  and  successful  operation  with- 
in four  months  from  date  hereof;  otherwise  this  ordinance  shall  be 
null  and  void  and  of  no  effect. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force  on 
and  after  its  passage. 

IT  4.  Repeal.]  § 4.  All  ordinances  and  parts  of  ordinances  in 
conflict  with  any  of  the  provisions  of  this  ordinance  are  hereby  re- 
pealed. 

§ 871.  Chicago  Telephone  company. 

if  1.  Grant — route — charges. 

if  2.  Charges  to  city. 

if  3.  Instruments  for  town  use. 

if  4.  Powers  of  council. 

if  5-  Poles,  erection  of. 

if  6.  Street  maintenance. 

if  7.  Indemnity — reservation  of  rights. 

If  8.  Additional  grant, 
il  9-  Repeal  of  prior  ordinances, 
if  10.  Time  of  completion, 
if  11.  When  in  force. 

An  ordinance  granting  to  the  Chicago  Telephone  company  certain  rights  and 
privileges  in  the  town  of  Cicero.  (Passed  November  13,  1886.) 

If  1.  Grant— route— charges.]  Be  it  ordained  by  the  board  of 
trustees  of  the  town  of  Cicero,  in  meeting  assembled:  § 1.  That  the 


1866 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


Chicago  Telephone  Company,  a corporation  duly  organized  and  do- 
ing business  under  and  by  virtue  of  the  laws  of  the  state  of  Illinois,  be 
and  the  same  is  hereby  licensed  to  erect  and  maintain  poles  and  wires 
upon  and  across  the  public  streets  and  alleys  hereinafter  mentioned 
in  the  town  of  Cicero,  that  is  to  say:  On  Fortieth  street,  from  North 
avenue  to  Chicago  avenue;  on  Chicago  avenue,  from  Fortieth  street 
to  Harlem  avenue;  on  Harlem  avenue,  from  Chicago  avenue  to-  Lake 
street,  with  “spur”  lines  connecting  the  main  lines  with  its  stations  m 
Austin,  Oak  Park  and  the  residence  of  J.  W.  Scoville;  on  Fortieth 
street,  from  Lake  street  to  the  Illinois  and  Michigan  canal ; on  Blanch- 
ard avenue,  from  said  canal  to  Thirty-ninth  street;  on  Twenty-sixth 
street,  from  West  Fortieth  street  to  Austin  avenue;  on  Austin  avenue, 
from  Twenty-fifth  street  to  Ogden  avenue;  on  Ogden  avenue  to 
Thirty-fifth  street;  on  Thirty-fifth  street  to  Harlem  avenue,  and  on 
Harlem  avenue  to  Thirty-ninth  street,  upon  the  following  conditions, 
that  is  to  say:  That  within  a reasonable  time,  not  exceeding  sixty 
days,  said  company  shall  furnish  and  maintain  private  wires  and  tele- 
phone apparatus  of  the  latest  and  best  description  for  municipal  pur- 
poses, between  all  points  reached  by  its  pole  line  within  the  aforesaid 
town  at  the  following  special  rates,  viz.:  For  each  set  of  instruments, 
twenty-five  dollars  ($25)  per  annum,  and  for  each  mile  of  wire,  ten 
dollars  ($10)  per  annum,  keeping  such  sets  of  instruments  and  all  wire 
in  thorough,  complete  working  order,  free  of  all  further  expense  to 
the  town 

IT  2.  Charges  to  city.]  § 2.  That  said  company  shall  also 
furnish,  free  of  charge  to  the  town,  the  use  of  its  toll-station  telephones 
to  and  from  Chicago  and  over  any  other  of  its  lines  for  the  official 
business  of  the  officers  of  said  town,  whether  the  same  be  elected  or 
appointed;  Provided,  however,  that  when  such  telephone  is  used  by 
any  officer,  he  shall  give  to  the  person  in  charge  thereof,  if  so  request- 
ed, a memorandum  or  check  containing  the  officer’s  name  and  the 
date  and  hour  of  the  message;  and  further,  if  hereafter  any  other  gen- 
eral telephonic  facilities  shall  be  required  by  said  town,  said  company 
shall  furnish  the  same  at  not  to  exceed  seventy-five  per  cent.  (75%)  of 
its  usual  rate 

If  3.  Instruments  for  town  use.]  § 3.  In  case  improved  in- 
struments of  any  kind  or  character  are  used  by  said  company  in  the 
city  of  Chicago  or  elsewhere,  it  shall,  upon  request  of  the  trustees  of 
said  town,  made  known  to  it  by  the  town  clerk  thereof,  put  up  and 
maintain  for  use,  as  aforesaid,  such  improved  instruments  and  appara- 
tus for  municipal  purposes  without  additional  charge  to  the  town. 

T 4.  Powers  of  council.]  § 4.  If  hereafter  the  town  shall 
desire  to  have  done  any  electric  construction  which  it  is  competent 
for  said  telephone  company  to  do,  it,  said  company,  shall  upon  request 
of  the  board  of  trustees  do  such  construction,  charging  the  town  tor 
the  same  only  the  actual  expense  thereof. 


§ 87.1]  CHICAGO  TELEPHONE  COMPANY.  1867 

No  instrument  or  wires  shall  be  furnished,  nor  shall  any  construc- 
tion be  done,  nor  any  claim  against  the  town  be  made  by  said  com- 
pany under  the  provisions  of  this  ordinance,  except  upon  the  written 
application  of  the  proper  official,  duly  authorized  by  the  aforesaid 
board,  setting  forth  in  a proper  manner  the  services  or  construction 
required. 

If  5.  Poles,  erection  of.]  § 5.  All  poles  erected  by  said  com- 
pany shall  be  placed  at  such  height  from  the  ground  as  the  town 
engineer  may  direct;  and  he  may  vary  the  height  to  suit  different 
localities,  in  his  discretion  and  after  the  same  are  erected,  from  time 
to  time,  as  the  interest  of  the  town,  in  the  judgment  of  the  board  of 
trustees,  may  require,  said  poles  may  be  changed  in  height  free  of 
expense  to  the  town. 

T 6.  Street  maintenance.]  § 6.  If,  by  reason  of  the  erection 
of  said  poles,  it  becomes  more  expensive  to  care  for  and  keep  up  in 
order,  said  streets  and  avenues  upon  which  the  same  are  erected,  such 
additional  expense  shall  be  defrayed  by  said  company. 

If  7.  Indemnity — reservation  of  rights.]  § 7.  Said  company 
shall  indemnify  and  save  harmless  the  aforesaid  town  from  all  loss  or 
damages  arising  by  reason  of  its  occupancy  of  the  streets  and  alleys 
under  this  ordinance,  however  long  continued. 

In  case  said  telephone  company  shall  neglect  or  refuse  to  fulfill  all 
the  matters  and  things  in  this  ordinance  specified  to  be  done  by  it, 
said  town  shall  have  the  right  to  rescind  this  ordinance  and  enter  upon 
the  streets  and  public  places  upon  which  run  the  lines  of  said  company 
and  remove  its  poles  and  lines,  or  it  may  cause  others  to  do  the  vari- 
ous matters  and  things  that  should  be  done  by  the  company  under 
this  ordinance  and  charge  the  said  company  for  the  expense  thus  in- 
curred, and  said  town  may  pursue  any  other  course  it  may  deem  ad- 
visable, and  the  choice  of  one  method  of  procedure  shall  not  be  con- 
sidered a waiver  of  any  other  means  to  enforce  performance  of  any  of 
the  conditions  upon  which  this  ordinance  is  granted. 

IT  8.  Additional  grant.]  § 8.  If,  hereafter,  said  telephone 
company  shall  desire  to  erect  lines  or  poles  and  wires  upon  streets  or 
alleys,  not  herein  specified,  it  shall  make  written  application  to  the 
aforesaid  board  of  trustees  for  license  so  to1  do,  and  if  such  license  be 
granted,  any  and  all  poles  and  wires  erected  thereunder  shall  be  con- 
sidered as  covered  by  the  general  provisions  of  this  ordinance. 

T 9.  Repeal  of  prior  ordinances.]  § 9.  All  ordinances,  or 
parts  of  ordinances,  heretofore  passed,  granting  to  said  company  any 
rights  or  privileges  ir\  the  town  of  Cicero,  are  hereby  repealed,  this 
ordinance  being  a substitute  therefor. 

1 10.  Time  of  completion.]  § 10.  Town  service  to  be  put 
in  ready  for  use  within  sixty  days  after  written  request  for  the  same 
shall  be  given  to  the  aforesaid  company,  by  order  of  the  town  board. 

1"  11.  When  in  force.]  § 11.  This  ordinance  shall  be  m 
full  force  and  effect  from  and  after  its  passage. 


1868 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  872 


§ 872.  Chicago  Telephone  company 

If  1.  Grant — term. 

I 2.  Underground  conduits — plans— permits — supervision. 

if  3-  Poles,  use  by  city — wires  ordered  underground. 

if  4*  Surface  and  overhead  branches — property  owners’  consent. 

If  5-  Permits  for  street  work — restoration — deposit. 

II  6.  Compensation— service  rates — use  by  city — rights  reserved. 

7.  Bond — conditions. 

T 8.  Acceptance. 

1 9.  Combinations  prohibited — transfers,  etc. 

10.  When  in  force. 

An  ordinance  authorizing  the  Chicago  Telephone  company  to  construct,  maintain 
and  operate  a line  of  telephone  wires  in  the  city  of  Chicago.  (Passed  January 
4,  1889.  Accepted  January  10,  1889.) 

U 1.  Grant — term.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby 

granted  to  the  Chicago  Telephone  Company,  a corporation  created 
and  existing  under  and  by  virtue  of  the  laws  of  Illinois,  to  construct, 
maintain,  repair  and  operate  in  the  public  streets,  alleys  and  tunnels 
and  other  public  ways  of  the  city  of  Chicago,  and  under  the  Chicago 
river  and  its  several  branches,  for  the  period  of  twenty  (20)  years  from 
the  passage  of  this  ordinance,  a line  or  lines  of  wires,  or  electrical 
conductors,  for  the  transmission  of  sound  and  signals  only,  by  means 
of  electricity. 

1 2.  Underground  conduits- -plans — permits — supervision.] 

§ 2.  All  such  lines  as  the  Chicago  Telephone  Company  may  now  or 
hereafter  have,  except  those  going  through  the  tunnels,  within  the 
following  boundaries,  namely,  commencing  at  the  intersection  of  the 
lake  and  North  avenue,  thence  west  on  North  avenue  to  Wells  street, 
south  on  Wells  street  to  Lake  street,  west  on  Lake  street  to  Ashland 
avenue,  south  on  Ashland  avenue  to  Sixteenth  street,  east  on  Six- 
teenth street  to  Butterfield  street,  south  on  Butterfield  street  to  Thirty- 
first  street,  east  on  Thirty-first  street  to  the  lake,  shall  be  placed  in 
underground  conduits,  which  conduits  shall  be  built  at  the  rate  of  two 
miles  per  annum  from  and  after  the  passage  of  this  ordinance,  and 
shall  be  constructed  under  the  supervision  of  the  commissioner  of 
public  works,  or  such  other  officer,  or  department  of  the  city  of  Chi- 
cago. as  may  be  provided  by  ordinance.  Said  company  shall  at  all 
times  place  and  keep  on  file  with  the  commissioner  of  public  works 
plans  showing  the  location  of  each  conduit  laid  and  number  of  ducts 
and  wires  in  each  conduit,  and  before  laying  any  new  conduit,  said 
company  shall  file  with  the  commissioner  of  public  works  a plan  show- 
ing where  each  conduit  is  to  be  laid,  location^  of  manholes,  or  other 
openings  to  gain  access  to  said  conduits,  and  each  cover  for  such 
openings  shall  have  placed  thereon  the  name  of  said  company,  and  no 
conduit  shall  be  laid  without  first  obtaining  a permit  from  the  commis- 
sioner of  public  works. 

1 3.  Poles,  use  by  city— wires  ordered  underground.]  §3. 

The  said  company  may,  outside  of  the  district  above  described  in  sec- 


§ 872] 


CHICAGO  TELEPHONE  COMPANY. 


1869 


tion  2,  erect  a system  of  poles  and  wires  thereon  in  any  of  the  streets 
and  alleys  in  Chicago,  and  over  buildings,  with  the  consent  of  the 
owners  thereof,  and  in  going  from  one  building  to  another,  if  neces- 
sary, said  company  may  cross  streets,  alleys  and  city  property;  but 
before  any  such  poles  shall  be  so  placed,  the  plans  thereof  shall  be 
submitted  to  the  commissioner  of  public  works  and  fire  marshal,  and 
they  shall  determine  the  size  and  character  of  the  poles  to  be  used  for 
such  purpose,  and  the  height  from  the  street  at  which  such  wires  shall 
be  placed,  and  the  streets  and  alleys  .upon  which  said  poles  shall  De 
placed,  and  shall,  so  far  as  practicable,  be  placed  in  alleys;  Provided, 
chat  the  city  of  Chicago  shall  have  the  right  to  the  top  cross  arm  of 
each  of  said  poles  free  from  charge  for  the  use  of  the  city  telegraph 
and  telephone  wires.  Whenever,  in  the  judgment  of  the  commissioner 
of  public  works,  after  the  conduits  provided  for  in  section  2 shall  have 
been  constructed,  it  shall  be  for  the  interest  of  the  city  of  Chicago  mat 
any  of  the  wires  above  named  in  this  section  shall  be  placed  under- 
ground, he  shall  so  order  it,  and  upon  the  receipt  of  such  order  by  the 
Chicago  Telephone  Company,  or  its  successors,  they  shall  proceed  at 
the  same  rate  as  named  in  section  2 for  the  construction  of  conduits, 
to  place  underground  the  wires  as  ordered;  Provided,  that  if  said  com- 
pany shall  be  delayed  by  strikes,  or  be  restrained  by  writs  of  injunc- 
tion, or  other  obstructions  by  competent  authority  from  proceeding 
with  the  work  of  constructing  the  said  underground  conduits,  the  time 
during  which  it  shall  be  so  delayed  or  restrained,  shall  be  allowed  to 
said  company  in  addition  to  the  time  herein  prescribed.  Should  said 
company  fail  to  place  its  wires  underground  as  provided  in  this  ordi- 
nance, them  the  department  of  public  works  shall  have  the  right  to  take 
down  and  remove  all  wires  and  poles  of  said  company  which  .may  be 
above  ground  in  violation  of  the  provisions  of  this  ordinance. 

4.  Surface  and  overhead  branches — property  owners’  con- 
sent.] § 4.  Where  the  above  mentioned  wires,  electrical  conduc- 
tors and  cables  are  to  be  placed  underground,  the  said  company  shall, 
for  the  purpose  of  reaching  and  connecting  their  subscribers  and 
branch  offices,  have  the  privilege  of  bringing  the  said  wires,  conductors 
and  cables  to  the  surface  within  every  four  blocks  and  attaching  the 
same  to  houses  and  carrying  them  over  the  roofs,  provided  the  con- 
sent is  first  obtained  from  the  owner  to  whose  property  they  propose 
to  attach  said  wires,  conductors  and  cables,  and  said  wires  shall  be 
kept,  at  least,  twelve  feet  above  the  surface  of  the  roofs,  except  in  such 
building  as  the  wires  are  to'  enter,  and  said  company  may  in  so  doing, 
cross  streets,  alleys  and  city  property,  with  wires  grouped  in  cables; 
Provided,  however,  that  said  wires,  conductors  and  cables  shall  be 
strung  as  directed  by  the  commissioner  of  public  works,  and  shall  not 
be  strung  overhead  to  exceed  two  blocks  in  length  from  underground 
connection.  Where  the  consent  of  an  owner,  referred  to  above  in  this 
section,  is  refused,  the  commissioner  of  public  works  is  directed  to  al- 


1870 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  872 


low  the  said  Chicago  Telephone  Company  to  erect  in  alleys,  poles 
upon  which  the  said  company  may  place  its  wires  for  the  purpose  of 
distribution 

1 5.  Permits  for  street  work — restoration— deposit.]  § 5.  The 

surface  of  a street  or  alley  shall  not  be  disturbed  for  the  purpose  of 
laying,  repairing  and  removing  wires,  or  conduits  therefor,  without  a 
permit  from  the  commissioner  of  public  works,  indicating  the  time, 
manner  and  place  of  opening  such  street  or  alley.  When  any  opening 
is  made  or  work  done  on  any  street,  for  any  purpose  whatsoever,  by 
said  company,  such  street  shall  be  restored  to  a condition  satisfactory 
to  the  commissioner  of  public  works,  and  for  such  purpose  said  com- 
pany shall  keep  on  deposit  with  the  commissioner  of  public  works 
the  sum  of  five  hundred  ($500)  dollars,  to  be  used  for  the  purpose 
of  restoring  such  streets  to  a condition  satisfactory  to  the  commis- 
sioner of  public  works,  and  said  company  shall  at  all  times  have  on 
deposit  said  sum  of  five  hundred  ($500)  dollars  for  such  purpose,  and, 
for  a failure  to  make  such  deposit  when  notified  by  the  commissioner 
of  public  works,  said  company  shall  be  refused  a permit  tO'  lay  addi- 
tional wires.  Said  company  in  laying  underground  wires  shall,  so  tar 
as  practicable,  place  the  same  under  the  sidewalk  space  with  the  con- 
sent of  the  owner  or  owners  of  the  lots  or  lot  next  adjacent  to  and 
abutting  upon  the  same;  but,  provided,  further,  that  when  in  any 
block  or  blocks  any  property  owner  refuses  the  consent  above  pro- 
vided for,  then  in  such  block  or  blocks  the  said  company  shall  have 
the  right,  and  the  commissioner  of  public  works  is  directed  to  permit 
said  company  to  lay  its  wires,  next  outside  the  curb  wall  under  the 
pavement  around  the  property  whose  owner  or  owners  refuse  their 
consent,  and  the  commissioner  of  public  works  shall  issue  permits 
for  that  purpose,  specifying  that  the  said  line  or  lines  of  wires  shall  be 
laid  in  such  manner  that  they  will  least  inconvenience  the  persons  oc- 
cupying said  sidewalk  space,  and  he  shall  require  that  the  same  shall 
be  made  entirely  safe  and  secure 

•j[  6.  Compensation— service  rates — use  by  city— rights  re- 
served.] § 6.  The  said  Chicago  Telephone  Company  shall  file  with 
the  comptroller  of  the  city  on  the  first  days  of  January  and  July  of  each 
year,  a statement  of  its  gross  receipts  from  the  telephone  business  done 
by  said  company  within  the  city  of  Chicago,  for  the  six  months  next 
preceding  such  statement,  which  statement  shall  be  sworn  to-  by  the 
president  and  secretary  of  said  company,  and,  at  the  time  of  filing  said 
statement,  the  said  company  shall  pay  into  the  city  treasury  three  (3) 
per  cent  on  such  gross  receipts,  and  said  company,  during  the  term 
for  which  this*  ordinance  is  granted,  shall  not  increase  to  its  present 
or  future  subscribers  the  rates  for  telephone  service  now  established. 
And  provided,  also,  that  with  the  acceptance  hereinafter  required  there 
shall  be  filed  by  said  company  a schedule  showing  the  rates  charged 
by  said  company  for  telephone  service  at  the  date  of  the  passage  of 
this  ordinance  within  the  limits  of  the  city  of  Chicago.  And  the  said 


§ 872] 


CHICAGO  TELEPHONE  COMPANY. 


1871 


company  shall  connect  its  wires  with  the  mayor’s  office,  department 
of  public  works,  fire  department,  police  department,  building  depart- 
ment, city  collector’s  office,  city  clerk’s  office,  health  department  and 
law  department,  and  place  and  keep  one  telephone  in  each  of  said 
places  free  of  charge  to  the  city,  so  that  said  telephones  may  be  used 
in  connection  with  all  wires  under  control  of  ^aid  company  connected 
with  its  exchange  in  the  city  of  Chicago,  and  said  company  shall  also 
rent  to  the  city  of  Chicago  telephones  for  the  sole  use  of  the  police 
and  fire  alarm  system  of  the  city  of  Chicago  at  an  annual  rental  of 
*not  to  exceed  five  ($5)  dollars  per  annum  for  each  telephone;  Pro- 
vided, however,  that  nothing  in  this  ordinance  contained  shall  be 
construed  or  taken  as  preventing  the  city  of  Chicago,  whenever  it 
shall  be  authorized  so  to  do,  from  passing  an  ordinance  regulating 
the  rates  to1  be  charged  by  telephone  companies  for  the  rental  of  tele- 
phones, or  for  the  licensing  of  telephone  companies,  it  being  the  in- 
tention of  this  ordinance  that  the  city  of  Chicago  shall  in  no  way 
surrender  any  rights  it  may  have,  or  may  hereafter  require,  to  license 
telephone  companies  or  to  regulate  the  prices  to  be  charged  for  tele- 
phones; but  upon  such  licensing  or  upon  such  regulation  of  such  prices, 
then  the  provisions  of  this  section  as  to  payment  of  revenue  and  fur- 
nishing of  telephone  facilities  to  the  city  of  Chicago,  shall  cease  to 
be  binding  upon  said  company;  Provided,  also,  that  nothing  in  this 
ordinance  contained  shall  be  construed  as  preventing  the  city  of  Chi- 
cago from  granting  an  ordinance  to  any  other  telephone  company. 

1 7.  Bond — conditions.]  § 7.  Said  Chicago  Telephone  Com- 
pany shall  at  the  time  it  accepts  this  ordinance  execute  to  the  city  of 
Chicago  a good  and  sufficient  bond,  with  the  sureties  to  be  approved 
by  the  mayor  of  the  city  of  Chicago,  in  the  penal  sum  of  ten  thousand 
($10,000)  dollars,  conditioned  that  the  said  company  and  its  successors 
will  well  and  truly  pay,  or  cause  to  be  paid,  any  and  all  damages  that 
may  accrue  from  the  laying,  repairing,  removing  and  operating  said 
wires,  conduits  and  telephone  system,  and  shall  indemnify  and  save 
harmless  the  city  of  Chicago  against  all  damages,  costs  and  expenses 
of  every  kind  whatsoever  which  may  be  recovered  against  said  city 
in  consequence  of  the  acts  or  neglect  of  said  company,  its  agents  or 
servants,  and  will  save  and  keep  harmless  the  said  city  of  Chicago 
from  any  and  all  damages,  loss  or  expense  caused  by  or  incident  to  the 
erection  of  said  poles  and  the  stringing  and  operating  said  wires  and 
the  maintenance  thereof. 

1"  8.  Acceptance.]  § 8.  This  ordinance  is  passed  upon  the  ex- 
press agreement  and  understanding  that  the  Chicago  Telephone  Com- 
pany,. before  availing  itself  of  any  of  the  rights  or  privileges  granted 
by  this  ordinance,  shall  file  with  the  city  clerk  its  acceptance  of  all  the 
terms  of  this  ordinance  and  bond  as  hereinbefore  provided;  Provided, 
however,  that  said  acceptance  shall  be  filed  within  thirty  (30)  days 
from  the  passage  hereof 


1872 


TELEGRAPH.  AND  TELEPHONE  COMPANIES. 


[§  873 


1 9.  Combinations  prohibited — transfers,  etc.]  § 9.  The  said 
Chicago  Telephone  Company  shall  not  at  any  time  enter  into  any  com- 
bination with  any  other  telephone  company  heretofore  existing,  or 
hereafter  created,  doing  business  in  the  city  of  Chicago,  concerning 
the  prices  to  be  charged  for  telephone  service,  nor  shall  said  company 
make  any  transfer  or  division  of  the  territory,  streets  or  avenues  of 
the  city,  with  any  other  telephone  company  or  corporation  doing  busi- 
ness in  said  city,  for  the  operation  of  or  supplying  of  telephone  service, 
and  any  violation  of  the  provisions  of  this  section  shall  authorize  and 
entitle  the  city  to  revoke  and  repeal  the  provisions  of  this  ordinance;’ 
Provided,  that  the  rights  granted  to  the  said  company  under  this  ordi- 
nance may  pass  to  any  legal  successor  to  said  company,  by  assign- 
ment, mortgage  or  otherwise,  subject  to  all  the  terms  and  conditions 
of  said  ordinance,  and  said  successor  shall  hie  with  the  city  clerk  its 
acceptance  of  said  terms  and  conditions. 

IT  10.  When  in  force.]  § 10.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication,  and  upon  the  accept- 
ance and  bond  being  filed  as  required  by  section  8 aforesaid. 


CHICAGO  TWIN  WIRE  LONG  DISTANCE  TELEPHONE 

COMPANY. 

§ 873:  Chicago  Twin  Wire  Long  Distance  Telephone  company. 

1 1.  Grant — conditions. 

T 2.  Wires  underground — supervision  of  work. 

3.  Poles  in  certain  district — use  by  city. 

\ 4.  Overhead  wires  placed  underground,  when. 

Tf  5.  Surface  and  overhead  branches — property  owners’  consent. 

\ 6.  Permits  for  street  work  — restoration — deposit. 

^ 7.  Wires  in  alleys  and  under  sidewalks — consent. 

*j[  3.  Service  rates — use  by  city. 

9.  Bond  of  user. 

10.  Bond  of  grantee. 

11.  Compensation. 

\ 12.  City’s  right  of  purchase. 

^ 13.  Sale,  etc.,  of  franchise  prohibited. 

14.  Construction  to  commence,  when. 

15.  Number  of  instruments  operated. 

16.  Non-compliance — repeal  of  ordinance. 

17.  Acceptance — bond. 

^ 18.  When  in  force. 

An  ordinance  authorizing  the  Chicago  Twin  Wire  Long  Distance  Telephone 
company  to  construct,  maintain  and  operate  a line  of  telephone  wires  in  the 
city  of  Chicago.  (Passed  April  17,  1893.  Accepted  April  19,  1893.  ) 

IT  1*  Grant — conditions.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  they  are 


1878 


g 873]  CHICAGO  TWIN  WIRE  LONG  DISTANCE  TELEPHONE  CO. 

hereby  granted  Jo  the  Chicago  Twin  Wire  Long  Distance  Telephone 
Company  to  construct,  maintain,  repair  and  operate  in  the  streets, 
avenues,  alleys  and  tunnels  of  the  city  of  Chicago  and  under  the  Chi- 
cago river  and  its  several  branches,  for  and  during  the  term  of  twenty- 
five  (25)  years  from  the  date  of  the  passage  of  this  ordinance,  a line  or 
lines  of  conduits  and  wires  or  other  electrical  conductors,  together 
with  all  necessary  feeders  and  service  wires  or  other  electrical  con- 
ductors, to  be  used  exclusively  for  the  transmission  of  electricity  for  the 
purpose  of  transmitting  sound  and  signals 

«[  2.  Wires  underground— supervision  of  work.]  § 2.  All  of 
such  line  or  lines  of  wire  or  other  electrical  conductors  used  for  the 
transmission  of  sounds  or  signals,  except  those  passing  through  the 
tunnels,  shall  be  placed  under  ground,  within  that  portion  of  the  city 
bounded  on  the  north  by  Belmont  avenue,  on  the  west  by  California 
avenue,  on  the  south  by  Seventy-ninth  street  and  on  the  east  by  Lake 
Michigan.  All  of  the  above  conduits,  line  or  lines  of  wire  or  other  elec- 
trical conductors  and  all  other  work  authorized  by  the  provisions  ot 
this  ordinance  shall  be  done  under  the  supervision  of  the  commissioner 
of  public  works  or  such  other  office  or  department  of  the  city  of 
Chicago  as  may  be  provided  by  present  or  future  ordinances  of  the 
city  of  Chicago. 

If  3.  Poles  in  certain  district — use  by  city.]  § 3.  The  said 
company  may,  outside  of  the  district  above  described  in  section  two, 
erect  a system  of  poles  and  wires  for  the  transmission  of  electricity 
for  sound  and  signals  thereon  in  any  of  the  streets,  avenues  and  alleys 
fn  the  city  of  Chicago  and  over  buildings  with  the  consent  of  the  owner 
thereof;  and,  in  going  from  one  building  to  another,  if  necessary,  said 
company  may  cross  streets,  alleys  and  city  property;  but,  before 
any  such  poles  shall  be  so  placed,  the  plans  thereof  shall  be  submitted 
to  the  commissioner  of  public  works  and  fire  marshal,  and  they  shall 
determine  the  size  and  character  of  the  poles  to  be  used  for  such 
purpose  and  the  height  from  the  street  at  which  such  wires  shall  be 
placed;  Provided,  each  of  such  poles  shall  have  a top  cross  arm  and 
that  the  city  , of  Chicago  shall  have  the  right  to  the  use  of  such  top 
cross  arm  of  each  of  said  poles  free  of  charge,  for  the  use  of  the  city 
telegraph  and  telephone  wires. 

T 4.  Overhead  wires  placed  underground,  when.]  § 4.  The 

rights  granted  by  this  ordinance  are  so  granted  upon  the  express  con- 
dition that  the  said  company  shall,  within  seven  years  from  the  passage 
of  this  ordinance,  remove  all  of  said  poles  and  wires  or  other  elec- 
trical conductors  from  overhead  and  place  the  same  under  ground  in 
conduits,  which  it  may  construct  or  lease  for  that  purpose,  within  that 
portion  of  the  city  outside  the  limits  described  in  section  two  of  this 
ordinance. 

T 5.  Surface  and  overhead  branches— property  owners’  con- 
sent.] § 5.  Where  the  above  mentioned  wires  or  other  electrical  con- 


1874 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


ductors  used  for  the  transmission  of  sounds  or  signals  are  placed  under 
ground,  the  said  company  shall,  for  the  purpose  of  reaching  and  con- 
necting their  subscribers  and  branch  offices,  have  the  privilege  of 
bringing  said  wires  or  other  electrical  conductors  to  the  surface  within 
every  two  blocks  and  attaching  the  same  to  houses  and  carrying  them 
over  roofs;  Provided,  the  consent  is  first  obtained  of  the  owner  to 
whose  property  they  propose  to  attach  said  wires  or  other  electrical 
conductors,  and  said  wires  or  other  electrical  conductors  shall  be  kept 
at  least  four  feet  above  the  surface  of  the  roofs,  except  in  such  buildings 
the  wires  or  other  electrical  conductors  are  to  enter,  and  said  com- 
pany may  in  so  doing  cross  streets,  avenues,  alleys  and  city  property 
with  wires  grouped  in  cables;  Provided,  however,  that  such  wires  or 
other  electrical  conductors  shall  not  be  strung  overhead  to  exceed  two 
blocks  in  length,  from  under  ground  connection.  The  consent  of  prop* 
erty  owners  must  be  sworn  to,  hied  with  and  verified  by  the  commis- 
sioner of  public  works. 

IF  6.  Permits  for  street  work — restoration— deposit.]  § 6.  The 

surface  of  a street,  alley  or  avenue  shall  not  be  disturbed  for  the  pur- 
pose of  laying,  repairing  or  removing  wires  or  conduits  therefor  with- 
out a permit  from  the  commissioner  of  public  works,  indicating  time, 
manner  and  place  of  opening  such  street,  avenue  or  alley.  When  any 
opening  is  made  or  work  done  on  any  street,  avenue  or  alley,  for  any 
purpose  whatsoever  by  said  company,  and  all  under  ground  work 
shall  be  done  between  the  hours  of  7 o’clock  p.  m.  and  7 o’clock  a.  m. 
within  the  district  bounded  by  22nd  street  on  the  south,  Paulina 
street  on  the  west  and  Chicago  avenue  on  the  north,  such  street,  ave- 
nue or  alley  shall  be  restored  within  thirty  (30)  days  after  the  opening 
of  the  street,  avenue  or  alley  to  a condition  as  good  as  before,  and 
for  such  purpose  said  company  shall  keep  on  deposit,  with  the  com- 
missioner of  public  works,  the  sum  of  three  thousand  dollars,  to  be 
used  for  the  purpose  of  restoring  such  streets,  avenues  and  alleys  to 
their  previous  condition,  as  aforesaid,  and  said  company  shall  at  all 
times  have  on  deposit  said  sum  of  three  thousand  ($3,000)  dollars 
for  such  purpose;  and,  for  a failure  to  make  such  deposit,  when  notified 
in  writing  by  the  commissioner  of  public  works,  said  company  shall 
be  refused  a permit  to  lay  additional  \yh*es 

17.  Wires  in  alleys  and  under  sidewalks— consent.]  § 7. 
No  poles  or  line  of  poles  to  be  erected  under  the  provisions  of  this 
ordinance  shall  be  erected  or  placed  in  any  street  in  any  case  where 
access  to  the  same  property  or  lots  proposed  to  be  reached  can  be 
had  from  adjacent  alley^  or  alleys,  and,  in  all  such  cases,  the  com- 
missioner of  public  works,  or  other  proper  officer  or  department  of 
the  city  of  Chicago,  as  may  be  provided  by  ordinance,  shall  require 
all  such  poles  to  be  placed  in  such  alley  or  alleys  and  not  upon  the 
streets.  Said  company  in  laying  under  ground  wires  may,  so  far  as 
piacticable,  place  the  same  under  the  sidewalk  space  with  the  con- 
sent of  the  owner  or  owners  of  the  lot  or  lots  next  adjacent  and  abut- 


| 873]  CHICAGO  TWIN  WIRE  LONG  DISTANCE  TELEPHONE  CO.  1875 

ting  upon  the  same;  but  provided,  further,  that  when  in  any  block 
or  blocks  any  property  owner  refuses  the  consent  above  provided  tor, 
then  in  such  block  or  blocks  the  said  company  shall  haye  the  right 
and  the  commissioner  of  public  works  is  directed  to  permit  said  com- 
pany to  lay  its  wires  next  outside  the  curb  wall  under  the  pavement 
around  the  property  whose  owner  or  owners  refuse  their  consent,  and 
the  commissioner  of  public  works  shall  issue  permits  for  that  pur- 
pose, specifying  that  the  said  line  or  lines  of  wire  shall  be  laid  in 
such  manner  that  they  will  least  inconvenience  the  persons  occupying 
said  sidewalk  space,  and  he  shall  require  that  the  same  shall  be  made 
entirely  secure  and  safe. 

T 8.  Service  rates — use  by  city.]  § 8.  The  said  Chicago 
Twin  Wire  Long  Distance  Telephone  Company  shall  not  charge  tor 
Twin  Wire  Long  Distance  Telephone  Company  shall  not  charge  for 
present  or  future  city  limits,  a greater  sum  than  $75  per  annum  lor 
the  first  year,  and  for  each  year  that  any  telephone  shall  be  retained 
and  used  by  any  subscriber  after  the  first  year  said  company  shall  not 
charge  a greater  sum  than  $70  per  annum,  and  said  company  shall 
upon  demand  execute  contracts  with  subscribers  for  telephone  service 
at  the  rate  of  not  exceeding  $65  per  annum  for  three  or  more  years’ 
consecutive  service;  Provided,  said  company  shall  connect  its  wires 
with  the  offices  respectively  of  the  mayor,  department  of  public  works, 
fire  department,  police  department,  building  department,  city  comp- 
troller, city  collector,  city  clerk,  health  department,  corporation  coun- 
sel, city  attorney,  city  council,  bureau  of  street  and  alley  cleaning  and 
the  water  department,  and  place  and  keep  in  each  of  said  offices  free 
of  charge  to  the  city  of  Chicago  one  telephone,  so  that  said  telephones 
may  be  used  in  connection  with  all  wires  under  the  control  of  said  com- 
pany connected  with  its  exchanges  in  the  city  of  Chicago;  and  pro- 
vided, that  said  company  shall  rent  to  the  city  of  Chicago  telephones 
for  the  sole  use  of  the  police  and  fire  alarm  departments  of  the  city  of 
Chicago  at  an  annual  rental  not  to  exceed  one  dollar  ($1)  per  annum  of 
each  telephone 

9.  Bond  of  user.]  § 9.  Before  any  person  or  corporation 
shall  be  allowed  to  use  said  line  or  lines  of  conduits  laid  under  this 
ordinance,  a bond  shall  be  given  to  the  city  by  such  person  or  cor- 
poration, in  an  amount  and  with  sureties  to  be  approved  by  the  mayor 
and  comptroller  of  the  city  of  Chicago,  conditioned  to  indemnify  and 
save  harmless  the  city  of  Chicago  of  and  from  all  damage  which  may 
be  occasioned,  or  which  may  in  any  way  arise,  accrue  or  grow  out  of 
the  use  by  such  persons  or  corporation  of  said  system  of  conduits 

If  10.  Bond  of  grantee.]  § 10.  Said  Chicago  Twin  Wire 
Long  Distance  Telephone  Company  shall,  before  commencing  the 
operation  of  said  line  or  fines  of  conduits  and  wires  or  other  electrical 
conductors,  execute  to  the  city  of  Chicago  a good  and  sufficient  bond 
with  sureties  to  be  approved  by  the  mayor  and  comptroller  of  the 
city  of  Chicago,  in  the  penal  sum  of  fifty  thousand  dollars,  conditioned 


1876 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  873 


that  the  said  company  will  well  and  truly  pay,  or  cause  to  be  paid, 
any  and  all  damages  that  may  accrue  from  the  laying,  repairing,  re- 
moving and  operating  said  wires,  conduits  and  telephone  systeci,  and 
shall  indemnify  and  save  harmless  the  city  of  Chicago  against  all  dam- 
ages, costs  and  expenses  of  every  kind  whatsoever  which  may  be  re- 
covered against  the  said  city  in  consequence  of  the  acts  or  neglect 
of  said  company,  its  agents  or  servants,  and  will  save  and  keep  harm- 
less the  city  of  Chicago  from  any  and  all  damage,  loss  or  expense 
caused  by,  or  incident  to,  the  erection1  of  said  poles,  stringing  and 
operation  of  said  wires  and  the  construction  of  said  conduits  and  the 
maintenance  of  said  poles,  wires  and  conduits. 

IT  11.  Compensation.]  § 11.  This  ordinance  is  based  upon  the 
express  agreement  and  understanding  that  the  Chicago  Twin  Wire 
Long  Distance  Telephone  Company  shall  file  with  the  comptroller  of 
the  city  of  Chicago,  on  the  first  days  of  January  and  July  of  each  year 
after  the  year  1893,  a statement  of  the  gross  receipts  of  all  the  business 
of  said  company  within  the  city  of  Chicago  for  the  six  months  next 
preceding  such  statement,  which  statement  shall  be  sworn  to  by  the 
president  or  secretary  of  said  company.  And,  at  the  time  of  filing 
said  statement,  the  said  company  shall  pay  into  the  city  treasury 
five  (5)  per  cent  on  the  amount  of  such  gross  receipts.  Said  semi- 
annual payments  shall  continue  during  the  exercise  of  the  rights  and 
privileges  granted  in  this  ordinance. 

1 12.  "City’s  right  of  purchase.]  § 12.  The  city  of  Chicago 
shall  have  the  right  at  the  expiration  of  five  (5)  years,  and  at  the 
expiration  of  each  succeeding  period  of  five  years  during  the  iite 
of  this  ordinance,  to  purchase  the  poles,  line  or  lines  of  conduits  or 
wires  and  other  conduits,  instruments,  appliances  and  property  within 
the  city  of  Chicago,  of  the  Chicago  Twin  Wire  Long  Distance  Tele- 
phone Company,  at  a price  to  be  agreed  upon,  or  in  case  the  same 
cannot  be  agreed  upon,  to  be  fixed  by  appraisement,  it  being  under- 
stood and  agreed  that  in  such  appraisement  the  value  of  this  fran- 
chise or  grant  is  not  to  be  taken  into  account  or  considered  of  any 
value  as  against  the  city  of  Chicago.  The  city  of  Chicago  may  ex- 
ercise such  option  by  giving  notice  in  writing  to  the  said  company 
of  its  intention  so  to  do  at  least  six  months  before  the  expiration 
of  any  of  the  five  year  periods  first  above  mentioned  in  this  section. 
In  case  the  purchase  price  cannot  be  agreed  upon,  then  the  same 
shall  be  fixed  by  arbitration  of  three  persons,  one  chosen  by  the  Chi- 
cago Twin  Wire  Long  Distance  Telephone  Company  and  one 
chosen  by  the  city  of  Chicago,  and  the  third  bv  the  two  thus  named. 

1 13.  Sale,  etc.,  of  franchise  prohibited.]  § 13.  Said  com- 
pany shall  not,  except  as  provided  in  section  nine  (9)  hereof,  sell, 
assign,  lease,  transfer  or  in  any  manner  whatsoever,  either  directly 
or  indirectly,  dispose  of  any  of  the  rights  or  privileges  in  and  by  tin's 
ordinance  granted  to  it,  and  no  other  company  than  the  said  Chicago 
Twin  Wire  Long  Distance  Telephone  Company  shall  ever,  at  any 


§ 874]  CHICAGO  TWIN  WIRE  LONG  DISTANCE  TELEPHONE  CO.  1877 

time,  be  entitled  to  enjoy  any  rights  or  privileges  whatsoever  under 
and  by  virtue  of  the  provisions  of  this  ordinance;  and,  upon  any  dis- 
posal or  attempted  disposal  of  the  rights  and  privileges  upon  said 
company  conferred  by  this  ordinance,  said  ordinance  shall  be  and 
become  absolutely  null  and  void  and  of  no  force  and  effect  whatsoever. 

•[  14.  Construction  to  commence,  when.]  § 14.  Said  com- 
pany shall  not,  by  virtue  of  the  provisions  of  this  ordinance,  be  entitled 
to  commence  any  work  within  the  streets,  alleys  or  public  places  of 
the  city  of  Chicago,  nor  in  any  way  disturb  the  surface  of  the  same, 
or  upon  any  of  said  streets,  alleys  or  public  places  for  the  purpose 
of  putting  in  its  wires,  conduits  or  conductors  before  the  first  day  of 
December,  A.  D.  1893,  nor  until  such  time  thereafter  as  shall  occur 
the  official  closing  and  termination  of  the  World’s  Columbian  Ex- 
position 

1 15.  Number  of  instruments  operated.]  § 15.  It  shall  be 
and  it  is  hereby  made  the  duty  of  said  company  to  place,  construct 
and  have  in  operation  within  the  city  of  Chicago'  five  thousand  tele- 
phones on  or  before  the  first  day  of  December,  A.  D.  1895,  and  said 
company  shall  be  obliged  at  all  times  thereafter,  and  so  long  as  it 
shall  enjoy  the  privileges  conferred  by  this  ordinance,  to  maintain  and 
keep  in  constant  operation  not  less  than  five  thousand  telephones, 
within  the  city  of  Chicago;  and  in  case  of  its  failure  so  to  do,  all  the 
rights  and  privileges  by  this  ordinance  conferred  shall  thereupon 
cease  and  this  ordinance  shall  be  and  become  void. 

T 16.  Non-compliance — repeal  of  ordinance.]  § 16.  In  case 
said  company  shall  fail,  neglect  or  refuse  to  comply  with  the  terms 
and  requirements  of  this  ordinance  in  regard  to  location  of  its  poles, 
placing  of  its  wires  under  ground,  moving  said  poles  at  the  time 
provided  in  said  ordinance,  or  in  case  it  shall  fail  to  comply  with  any 
of  the  provisions  of  this  ordinance,  then  and  in  that  case  this  ordi- 
nance may  be  repealed  by  the  city  council,  and  upon  such  repeal  all 
rights  hereby  conferred  shall  cease  and  determine. 

If  17.  Acceptance — bond.]  § 17.  Before  it  shall  have  or  enjoy 
any  right  under  this  ordinance,  said  company  shall  (and  within  sixty 
days  after  its  passage)  file,  with  the  city  clerk  of  the  city  of  Chicago, 
its  bond  and  acceptance  in  writing  agreeing  to  be  bound  by  all  the 
terms,  restrictions,  impositions  and  provisions  in  this  ordinance  con- 
tained 

T 18*  When  in  force.]  § 18.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication 

Note. — See  following  amendatory  ordinance. 

§ 874.  Chicago  Twin  Wire  Long  Distance  Telephone  company, 
f 1.  Amendatory  clause. 

, i[  2.  Section  15  of  foregoing  ordinance  amended. 

An  ordinance  amending  an  ordinance  passed  April  17,  1893,  granting  certain 

privileges  to  the  Chicago  Twin  Wire  Long  Distance  Telephone  company 

(Passed  November  18,  1895.) 


/ 


1878  TELEGRAPH  AND  TELEPHONE  COMPANIES.  [§  875 

IT  1.  Amendatory  clause.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago : That  an  ordinance  passed  by  said  city  council 
on  the  17th  day  of  April,  A.  D.  1893,  granting  certain  privileges,  rights 
and  license  to  the  Chicago  Twin  Wire  Long  Distance  Telephone 
Company,  be  and  the  same  is  hereby  amended  so  that  section  15 
thereof  shall  read  as  follows: 

1 2.  Section  15  of  foregoing  ordinance  amended.]  § 15. 

It  shall  be  and  it  is  hereby  made  the  duty  of  said  company  to  place, 
construct  and  have  in  operation  within  the  city  of  Chicago  two  thou- 
sand telephones  on  or  before  the  first  day  of  December,  A.  D.  1897, 
and  said  company  shall  be  obliged  at  all  times  after  the  first  day  of 
December,  A.  D.  1898,  so  long  as  it  shall  enjoy  the  privileges  con- 
ferred by  this  ordinance,  to  maintain  and  keep  in  operation  not  less 
than  five  thousand  instruments  within  the  city  of  Chicago;  and,  in 
case  of  failure  so  to  do,  all  the  rights  and  privileges  by  this  ordi- 
nance conferred  shall  thereupon  cease,  and  this  ordinance  shall  become 
void. 


CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 

§ 875.  Chicago  & Western  Indiana  Railroad  company. 

1.  Permit — route — order  construed. 

An  order  authorizing  the  Chicago  & Western  Indiana  Railroad  company  to  con- 
struct an  underground  telegraph  line.  (Passed  March  14,  1881.) 

T 1.  Permit — route— order  construed.]  Ordered,  that  the  com^ 
missioner  of  public  works  be  and  is  hereby  directed  to  issue  a permit, 
subject  to  such  conditions,  limitations  and  restrictions  for  the  pro- 
tection of  the  interests  of  the  city  as  he  may  see  fit  to  impose,  to  the 
Chicago  and  Western  Indiana  Railroad  Company  to  construct  an 
underground  telegraph  line,  by  laying  cable  wires  on  the  westerly 
side  of  Stewart  avenue,  adjoining  railroad  tracks  heretofore  con- 
structed by  said  company,  and  between  said  tracks,  and  the  proposed 
location  of  the  tracks  of  the  Pittsburgh,  Fort  Wayne  and  Chicago 
Railway,  after  the  same  shall  be  moved  west  of  the  center  line  of 
Stewart  avenue,  and  running  north  on  said  street  as  far  as  the  Chi- 
cago river;  thence  northeasterly  on  Grove  street  to1  Sixteenth  street; 
thence  east  on  Sixteenth  street  to  Dearborn  street;  thence  upon 
Dearborn  street  to  Fourteenth  street;  thence  north  upon  Third  avenue 
to  Twelfth  street;  Provided,  however,  that  the  granting  of  such  per- 
mit shall  not  be  construed  as  in  any  manner  recognizing,  ratifying 
or  affirming  any  right  in  the  said  Chicago  and  Western  Indiana  Rail- 
road Company  to  construct,  maintain  or  operate  any  railroad  track 


CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


1879 


whatever  within  the  limits  of  the  city  of  Chicago,  and  that  the  ac- 
ceptance by  said  company  of  the  said  permit  to  construct  said  'tele- 
graph lines  shall  be  deemed  and  taken  as  consent  on  the  part  of  said 
company  that  said  permit  shall  not  be  so  construed  or  understood; 
and  provided,  further,  that  unless  the  said  telegraph  line  shall  be 
wholly  constructed  within  one  year  from  the  date  of  the  passage 
hereof^then  all  rights  herein  granted  or  authorized  shall  cease  and 
determine. 

§ 876.  Chicago  & Western  Indiana  Railroad  company. 

Tf  1.  Permit — route. 

An  order  authorizing  the  Chicago  & Western  Indiana  Railroad  company  to  con- 
struct an  underground  telegraph  line  in  the  city  of  Chicago.  (Passed  June 
20,  1881.) 

1.  Permit — route.]  Ordered,  that  the  commissioner  of  pub- 
lic works  be  and  he  is  hereby  directed  to  issue  a permit,  subject  to  such 
conditions,  limitations  and  restrictions  for  the  protection  of  the  inter- 
ests of  the  city  as  he  may  see  fit  to  impose,  to  the  Chicago  and  Western 
Indiana  Railroad  Company,  to  construct  an  underground  telegraph 
line  by  laying  cable  wires  on  the  westerly  side  of  Third  avenue,  from 
Twelfth  street  north  on  Third  avenue  to  the  north  side  of  Jackson 
street,  thence  west  on  Jackson  street  to  Dearborn  street,  thence  north 
on  the  easterly  side  of  Dearborn  street  to  the  general  offices  of  the 
company  at  No.  125  Dearborn  street. 

Provided,  however,  that  the  granting  of  such  permit  shall  not  be 
construed  as  in  any  manner  recognizing,  ratifying  or  affirming  any 
right  in  the  said  Chicago  and  Western  Indiana  Railroad  Company 
to  construct,  maintain  or  operate  any  railroad  track  whatever  within 
the  limits  of  the  city  of  Chicago,  and  that  the  acceptance  by  said 
company  of  the  said  permit  to  construct  said  telegraph  lines  shall 
be  deemed  and  taken  as  consent  on  the  part  of  said  company  that 
said  permit  shall  not  be  so  construed  or  understood;  and  provided, 
further,  that  unless  the  said  telegraph  line  shall  be  wholly  constructed 
within  one  year  from  the  date  of  the  passage  hereof,  then  all  rights 
herein  granted  or  authorized  shall  cease  and  determine;  provided, 
further,  that  such  permit  is  granted  upon  the  further  condition  chat 
said  permit  shall  be  subject  to  all  ordinances  regulating  underground 
telegraph  cable  wires  that  are  now  in  force  or  that  may  hereafter  be 
passed 


1880 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  877 


CITY  PRESS  ASSOCIATION  OF  CHICAGO. 

§ 877.  City  Press  Association  of  Chicago. 

1.  Grant — boundaries. 

IT  2.  Wires  and  tubes  underground — plans — permit. 

3.  Restoration  of  streets — deposit  therefor. 

4.  Bond. 

it  5.  Acceptance, 
it  6.  Compensation, 
it  7.  Term  of  grant, 
it  8.  When  in  force, 
it  9.  Rights  not  exclusive. 

An  ordinance  authorizing  the  City  Press  Association  of  Chicago  to  construct 

and  operate  a line  of  wires  and  pneumatic  tubes  in  the  city  of  Chicago. 

(Passed  April  10,  1893.  Accepted  April  14,  1893.) 

if  1.  Grant — boundaries.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  is  here- 
by granted  to  the  City  Press  Association,  of  Chicago,  a corporation 
created  and  existing  under  and  by  virtue  of  the  laws  of  Illinois,  its  suc- 
cessors and  assigns,  to  construct,  maintain,  repair  and  operate  in  the 
public  streets,  alleys  and  other  public  ways  of  the  city  of  Chicago, 
within  the  following  boundaries,  viz.:  The  north  line  of  Van  Buren 

strret,  the  west  line  of  State  street,  the  north  line  of  Randolph  street 
and  .he  west  line  of  Fifth  avenue,  a line  or  lines  of  wires  or  electrical 
conductors  for  the  transmission  of  sound  and  signals  by  means  of  elec- 
tricity and  a line  or  lines  of  pneumatic  tubes. 

T 2.  Wires  and  tubes  underground — plans— permit.]  § 2. 

All  such  lines  of  wires  and  tubes  shall  be  placed  in  underground  con- 
duits and  shah  be  constructed  under  the  supervision  of  the  commis- 
sioner of  public  works.  Said  association  shall,  at  all  times,  place  and 
keep  on  file  with  the  commissioner  of  public  works  plans  showing 
the  location  of  each  conduit  laid  and  the  number  of  ducts  in  each 
conduit,  and,  before  laying  any  new  conduit,  said  association  shall 
file  with  the  commissioner  of  public  works  a plan  showing  where 
each  conduit  is  to  be  laid,  and  each  cover  for  openings  shall  have 
placed  thereon  the  name  of  said  association,  and  no  conduit  shall  be 
laid  without  first  obtaining  a permit  from  the  commissioner  of  public 
works 

If  3.  Restoration  of  streets — deposit  therefor.]  § 3.  The  sur- 
face of  a street  or  alley  shall  not  be  disturbed  for  the  purpose  of  laying, 
repairing  or  removing  wires,  tubes  or  conduits  therein  without  a per- 
mit from  the  commissioner  of  public  works,  indicating  the  time,  man- 
ner and  place  of  opening  such  street  or  alley.  When  any  opening  is 
made,  or  work  done  in  any  street  for  any  purpose  whatsoever  by  said 
association,  such  street  shall  be  restored  to  a condition  satisfactory 
to  the  commissioner  of  public  works,  and  for  such  purpose  said  asso- 
ciation shall  keep  on  deposit  with  the  commissioner  of  public  works 
the  sum  of  five  hundred  dollars  ($500),  to  be  used  for  the  purpose  of 


§ 877] 


CITY  PRESS  ASSOCIATION  OF  CHICAGO. 


1881 


restoring  such  streets  to  a condition  satisfactory  to  the  commissioner 
of  public  works,  and  said  association  shall,  at  all  times,  have  on  de- 
posit said  sum  of  five  hundred  dollars  ($500)  for  such  purpose,  and 
for  failure  to  make  such  deposit,  when  notified  by  the  commissioner 
of  public  works,  said  association  shall  be  refused  a permit  to  lay  addi- 
tional wires. 

*[  4.  Bond.]  § 4.  The  City  Press  Association,  of  Chicago,  shall, 
at  the  time  it  accepts  this  ordinance,  execute  to  the  city  of  Chicago  a 
good  and  sufficient  bond,  with  sureties  to  be  approved  by  the  mayor 
of  the  city  of  Chicago,  in  the  penal  sum  of  ten  thousand  dollars 
($10,000),  conditioned  that  the  said  association  and  its  successors  will 
well  and  truly  pay,  or  cause  to  be  paid,  any  and  all  damages  that  may 
occur  from  the  laying,  repairing,  removing  and  operating  the  said 
wires,  conductors,  ducts,  tubes  and  conduits,  and  shall  indemnify  and 
save  harmless  the  city  of  Chicago  against  all  damages,  costs  and  ex- 
penses of  every  kind  whatsoever  which  may  be  recovered  against 
said  city  in  consequence  of  the  acts  or  neglect  of  said  association, 
its  agents  or  servants,  and  will  save  and  keep  harmless  the  said  city  of 
Chicago  from  any  and  all  damages,  loss  or  expense  caused  by  or  in- 
cident to  the  construction  of  said  conduits  and  the  stringing  and 
operating  of  said  wires,  conductors,  ducts,  tubes  and  conduits  and  the 
maintenance  thereof. 

T 5.  Acceptance.]  § 5.  This  ordinance  is  passed  upon  the 
express  agreement  and  understanding  that  the  City  Press  Association, 
of  Chicago,  before  availing  itself  of  any  of  the  rights  and  privileges 
granted  by  this  ordinance,  shall  file  with  the  city  clerk  its  bond  as 
hereinbefore  provided  and  its  acceptance  of  all  the  terms  of  this  ordi- 
nance within  thirty  days  from  the  passage  hereof. 

r 6.  Compensation,]  § 6.  The  City  Press  Association,  of  Chi- 
cago, shall  pay  into  the  city  treasury  three* hundred  dollars  per  annum 
during  the  term  for  which  this  ordinance  is  granted. 

r 7.  Term  of  grant,]  § 7.  The  rights  and  privileges  herebv 
granted  shall  wholly  cease  and  determine  at  the  expiration  of  fifty 
years  from  the  passage  hereof. 

*■"  8.  When  in  force.]  § 8.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication  and  upon  the  accept- 
ance and  bond  being  filed  as  required  by  section  5 aforesaid. 

t 9.  Rights  not  exclusive.]  § 9.  Nothing  in  this  ordinance 
shall  be  construed  as  conferring  an  exclusive  right  or  privilege  upon 
said  association  for  the  laying  of  electric  wires,  conductors,  pneu- 
matic tubes  and  conduits,  as  provided  herein,  within  the  territory 
above  described.  J 


1882 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  878 


CUSHMAN  TELEPHONE  & SERVICE  COMPANY. 

§ 878.  Cushman  Telephone  & Service  company. 

TT  1.  Grant. 

2.  Wires  underground — districts — supervision. 

3.  Overhead  wires — use  by  city — placed  underground,  when. 

4.  Surface  and  overhead  branches. 

■jj  5.  Permit  for  street  work — restoration  of  streets — deposit — loca- 
tion of  wires. 

6.  Service  rates — use  by  city. 

7.  Bond — conditions. 

8.  Acceptance — wires  laid,  when. 

9.  Transfers  and  combinations  prohibited. 

10.  Term  of  grant. 

11.  When  in  force. 

An  ordinance  authorizing  the  Cushman  Telephone  & Service  company  to  con- 
struct and  operate  a line  of  telephone  wires  in  the  city  of  Chicago.  (Passed 

April  5,  1888.  Accepted  April  21,  1888.) 

T 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  is  hereby  granted  to 

the  Cushman  Telephone  and  Service  Company,  a corporation  created 
and  existing  under  and  by  virtue  of  the  laws  of  Illinois,  its  successors 
and  assigns,  to  construct,  maintain,  repair  and  operate  in  the  public 
streets,  alleys  and  tunnels  of  the  city  of  Chicago,  and  under  the  Chi- 
cago river  and  its  several  branches,  a line  or  lines  of  wires, 
or  electrical  conductors,  for  the  transmission  of  sound  and  signals 
only  by  means  of  electricity. 

1 2.  Wires  underground— districts— supervision.]  § 2.  All 

such  lines,  except  those  going  through  the  tunnel,  shall  be  under- 
ground within  that  portion  of  the  city  bounded  on  the  north  by  Chi- 
cago avenue,  on  the  west  by  Ashland  avenue,  on  the  south  by  Six- 
teenth street;  then  again  on  the  west  by  the  south  branch  of  the 
Chicago  river  to  Twenty-second  street;  then  again  on  the  south  by 
Twenty-second  street  to  the  lake,  and  shall  be  constructed  under  the 
supervision  of  the  commissioner  of  public  works  or  such  other  officer 
or  department  of  the  city  of  Chicago  as  may  be  provided  by  ordi- 
nance 

IT  3.  Overhead  wires— use  by  city — placed  underground,  when.] 

§ 3.  The  said  company  may,  outside  of  the  district  above  described 
in  section  2_,  erect  a system  of  poles  and  wires  thereon  in  any  of  the 
streets  and  alleys  in  Chicago,  and  over  buildings,  with  the  consent 
of  the  owners  thereof,  and  in  going  from  one  building  to  another, 
if  necessary,  said  company  may  cross  streets,  alleys  and  city  prop- 
erty; but  before  any  such  poles  shall  be  so  placed,  the  plans  thereof 
shall  be  submitted  to  the  commissioner  of  public  works  and  fire  mar- 
shal, and  they  shall  determine  the  size  and  character  of  the  poles  to  be 
used  for  such  purpose,  and  the  height  from  the  street  at  which  such 
wires  shall  be  placed,  and  the  streets  or  alleys  upon  which  such  poles 
shall  be  placed;  Provided,  that  the  city  of  Chicago  shall  have  the 


§ »78] 


CUSHMAN  TELEPHONE  AND  SERVICE  COMPANY. 


1883 


right  to  the  top  cross  arm  of  each  of  said  poles,  free  of  charge,  for  the 
use  of  the  city  telegraph  and  telephone  wires.  The  rights  granted  by 
this  ordinance  are  so  granted  expressly  upon  the  condition  that  the 
said  company  will  within  four  years  from  the  passage  of  this  ordinance 
remove  all  of  said  poles  and  wires  from  overhead  and  place  the  same 
underground  in  conduits,  which  it  may  construct  or  lease  for  that 
purpose,  in  the  same  manner  as  provided  in  section  four  of  this  ordi- 
nance, within  that  portion  of  the  city  bounded  on  the  north  by  North 
avenue,  on  the  west  by  Western  avenue,  and  on  the  south  by  Twenty- 
second  street  in  the  west  division,  and  Thirty-first  street  in  the  south 
division  of  the  city,  and  the  remainder  of  their  poles  and  wires  above 
ground  within  the  city  limits,  as  they  existed  on  the  first  day  of  July, 
1887,  are  to  fie  removed  and  placed  underground  in  the  same  manner 
as  provided  in  section  four  of  this  ordinance,  within  six  (6)  years  from 
the  passage  of  this  ordinance. 

1 4.  Surface  and  overhead  branches.]  § 4.  Where  the  above 
mentioned  wires,  electrical  conductors  and  cables  are  to  be  placed 
underground,  the  said  company  shall,  for  the  purpose  of  reaching  and 
connecting  their  subscribers  and  branch  offices,  have  the  privilege  of 
bringing  the  said  wires,  conductors  and  cables  to  the  surface  within 
every  four  blocks  and  attaching  the  same  to  houses  ana  carrying 
them  over  the  roofs,  provided  the  consent  is  first  obtained  of  the 
owner  to  whose  property  they  propose  to  attach  said  wires,  conductors 
and  cables,  and  said  wires  shall  be  kept  at  least  twelve  feet  above 
the  surface  of  the  roofs  except  in  such  building  as  the  wires  are  to 
enter,  and  said  company  may,  in  so  doing,  cross  streets,  alleys  and 
city  property,  with  wires  grouped  in  cables;  Provided,  however, 
that  said  wires,  conductors  or  cables  shall  not  be  strung  overhead  to 
exceed  two  blocks  in  length  from  underground  connection. 

IT  5,  Permit  for  street  work— restoration  of  streets— deposit — 
location  of  wires.]  § 5.  The  surface  of  a street  or  alley  shall  not 
be  disturbed  for  the  purpose  of  laying,  repairing  or  removing  wires 
or  conduits  therefor,  without  a permit  from  the  commissioner  of  pub- 
lic works,  indicating  the  time,  manner  and  place  of  opening  such 
street  or  alley.  When  any  opening  is  made  or  work  done  on  any 
street,  for  any  purpose  whatsoever,  by  said  company,  such  street  shall 
be  restored  to  a condition  satisfactory  to  the  commissioner  of  public 
works,  and  for  such  purpose  said  company  shall  keep  on  deposit  with 
the  commissioner  of  public  works  the  sum  of  five  hundred  ($500)  dol- 
lars, to  be  used  for  the  purpose  of  restoring  such  streets  to  a condition 
satisfactory  to  the  commissioner  of  public  works,  and  said  company 
shall  at  all  times  have  on  deposit  said  sum  of  five  hundred  ($500)  dol- 
lars for  such  purpose;  and  for  a failure  to  make  such  deposit  when 
notified  by  the  commissioner  of  public  works,  said  company  shall  be 
refused  a permit  to  lay  additional  wires.  Said  company  in  laying  un- 
derground wires  shall,  so  far  as  practical,  place  the  same  under  the 
sidewalk  space,  with  the  consent  of  the  owner  or  owners  of  the  lots 


1884 


TELEGRAGH  AND  TELEPHONE  COMPANIES. 


[§  878 


or  lot  next  a'djacent  to  and  abutting  upon  the  same;  but,  provided, 
further,  that  when  in  any  block  or  blocks  any  property  owner  refuses 
the  consent  above  provided  for,  then  in  such  block  or  blocks  the,  said 
company  shall  have  the  right,  and  the  commissioner  of  public  works 
is  directed. to  permit  said  company  to  lay  its  wires  next  outside  the 
curb  wall  under  the  pavement  around  the  property  whose  owner  or 
owners  refuse  their  consent,  and  the  commissioner  of  public  works 
shall  issue  permits  for  that  purpose,  specifying  that  the  said  line  or 
lines  of  wires  shall  be  laid  in  such  manner  that  they  will  least  incon- 
venience the  persons  occupying  said  sidewalk  space,  and  he  shall  re- 
quire that  the  same  shall  be  made  entirely  safe  and  secure 

IF  6.  Service  rates — use  by  city.]  § 6.  The  said  Cushman 
Telephone  and  Service  Company  s|jall  not  charge  for  the  use  of  each 
telephone  connected  with  its  exchange  a greater  sum  than  ninety-five 
($95)  dollars  for  the  first  year,  and  not  more  than  eighty-five  ($85) 
dollars  for  each  subsequent  year  such  telephone  shall  be  used;  Pro- 
vided, said  company  shall  contract  for  three  years’  service  with  any 
one  party  at  the  rate  of  seventy-five  ($75)  dollars  per  annum;  and 
provided,  the  said  company  shall  connect  its  wires  with  the  mayor's 
office,  department  of  public  works,  fire  department,  police  department, 
building  department,  city  collector’s  office,  city  clerk’s  office,  health 
department  and  law  department,  and  place  and  keep  one  telephone 
in  each  of  said  places,  free  of  charge  to  the  city,  so  that  said  telephones 
may  be  used  in  connection  with  all  wires  under  control  of  said  com- 
pany connected  with  its  said  exchange  in  the  city  of  Chicago;  and 
provided,  said  company  shall  rent  to  the  city  of  Chicago  telephones 
for  the  sole  use  of  the  police  and  fire  alarm  system  of  the  city  of 
Chicago,  at  an  annual  rental  of  not  to  exceed  five  ($5)  dollars  per  an- 
num for  each  telephone. 

T 7.  Bond — conditions.]  § 7.  Said  Cushman  Telephone  and 
Service  Company  shall  before  commencing  the  operation  of  the  tele- 
phone system,  execute  to  the  city  of  Chicago  a good  and  sufficient 
bond,  with  sureties  to  be  approved  by  the  mayor  of  the  city  of  Chi- 
cago, in  the  penal  sum  of  ten  thousand  ($10,000)  dollars,  conditioned 
that  the  said  company,  its  successors  and  assigns,  will  well  and  truly 
pay,  or  cause  to  be  paid,  any  and  all  damages  that  may  accrue  from 
the  laying,  repairing,  removing  and  operating  said  wires,  conduits  and 
telephone  system,  and  shall  indemnify  and  save  harmless  the  city  of 
Chicago  against  all  damages,  costs  and  expenses  of  every  kind  what- 
soever which  may  be  recovered  against  said  city  in  consequence  of 
the  acts  or  neglect  of  said  company,  its  agents  or  servants,  and  will 
save  and  keep  harmless  the  said  city  of  Chicago  from  any  and  all 
damage,  loss  or  expense  caused  by  or  incident  to  the  erection  of 
said  poles  and  the  stringing  and  operating  said  wires  and  the  main- 
tenance thereof 

IF  8.  Acceptance— wires  laid,  when.]  § 8.  This  ordinance  is 
passed  upon  the  express  agreement  and  understanding  mat  the  Cush- 


§ 879] 


MUTUAL  UNION  TELEGRAPH  COMPANY. 


1885 


man  Telephone  and  Service  Company,  before  availing  itself  of  any 
of  the  rights  or  privileges  granted  by  this  ordinance,  shall  file  with 
the  city  clerk  its  acceptance  of  all  the  terms  of  this  ordinance;  Pro- 
vided, however,  that  said  acceptance  shall  be  filed  within  ninety  (90) 
days  from  the  passage  hereof,  and  further  provided,  that  said  com- 
pany shall  have  wires  laid,  and  its  exchange^ in  operation,  within  two 
years  from  the  acceptance  of  this  ordinance 

IT  9.  Transfers  and  combinations  prohibited.]  § 9.  The  said 
Cushman  Telephone  and  Service  Company  shall  not  at  any  tune 
lease,  sell,  transfer  or  assign  the  rights  and  privileges  granted  under 
this  ordinance  to  any  telephone  company,  nor  shall  the  said  company 
enter  into  any  combination  with  any  telephone  company  heretofore 
existing  or  hereafter  created,  concerning  the  prices  to  be  charged 
for  telephone  services,  nor  shall  said  company  make  any  consolida- 
tion, transfer  or  division  of  the  territory,  streets  or  avenues  of  the 
city  with  any  other  telephone  company  or  corporation  for  the  opera- 
tion of  and  supplying  of  telephone  service;  any  violations  of  the  pro- 
visions of  this  ordinance  shall  authorize  and  entitle  the  city  to  revoke 
and  repeal  the  provisions  of  this  ordinance. 

1 10.  Term  of  grant.]  § 10.  The  rights  and  privileges  hereby 
granted  shall  wholly  cease  and  determine  at  the  expiration  of  twenty 
(20)  years  from  the  passage  hereof. 

1 11.  When  in  force.]  §11.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication 


MUTUAL  UNION  TELEGRAPH  COMPANY. 

. § 879.  Mutual  Union  Telegraph  company. 

1.  Grant — route.1 

If  2.  Right  to  use  other  poles — conditions. 

An  ordinance  granting  permission  to  the  Mutual  Union  Telegraph  company  to 
erect  and  maintain  telegraph  lines  through  the  town  of  Lake  View.  (Passed 
and  approved  September  5,  1S81.) 

1 1.  Grant— route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake  View:  § 1.  That  the  Mutual  Union  Telegraph 
Company,  its  successors  and  assigns,  be  and  hereby  are  authorized  and 
empowered  to  construct  a line  of  telegraph  in  the  town  of  Lake  View 
upon  the  following  named  streets,  to  wit:  Beginning  at  the  western 

limit  of  said  township  at  the  intersection  of  Belmont  avenue  and  run- 
ning on  said  avenue  eastward  to  Lincoln  avenue 

T 2.  Right  to  use  other  poles  —conditions.]  § 2.  That  per- 
mission be  and  hereby  is  granted  the  said  Mutual  Union  Telegraph 


1886  TELEGRAPH  AND  TELEPHONE  COMPANIES.  [§  § 880,  88l 

Company,  its  successors  and  assigns,  with  the  consent  of  the  Chicago 
and  Milwaukee  Telegraph  Company,  to  place  and  maintain  wires  and 
fixtures  upon  the  poles  of  the  said  Chicago  and  Milwaukee  Telegraph 
Company  wherever  said  poles  are  set  within  the  town;  Provided,  that 
the  said  telegraph  line,  wires  and  fixtures  shall  be  constructed  and 
maintained  subject  to  all  the  provisions  of  the  ordinances  of  said 
town  now  in  force  or  that  may  hereafter  be  enacted;  Provided,  also, 
that  the  town  of  Lake  View  shall  have  the  right  to  erect  and  maintain 
on  the  poles  of  the  proposed  telegraph  line  on  Belmont  avenue  such 
telegraph  or  telephone  insulators  and  wires  as  may  be  deemed  neces- 
sary for  the  use  of  said  town. 

§ 880.  Mutual  Union  Telegraph  company. 

IT  1.  Grant — route. 

Hf  2.  Subject  to  ordinances. 

An  ordinance  granting  permission  to  the  Mutual  Union  Telegraph  company  to 
erect  and  maintain  telegraph  lines  through  the  town  of  Cicero.  (Passed 
September  10,  1881.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Cicero:  § 1.  That  the  Mutual  Union  Telegraph  Com- 
pany be  and  it  is  hereby  authorized  and  empowered  to  construct  a line 
of  telegraph  in  the  town  of  Cicero  upon  the  following  named  streets, 
to  wit:  Beginning  at  the  intersection  of  the  Illinois  and  Michigan 

canal  with  Egan  avenue  and  running  thence  along  the  north  side  of 
Egan  avenue  to  the  eastermost  limits  of  the  town  of  Cicero,  and  begin- 
ning at  the  intersection  of  the  Illinois  and  Michigan  canal  with  Kin- 
kaid  street  and  running  thence  southwardly  on  west  side  of  Kinkaid 
street  to  the  north  side  of  Egan  avenue. 

T 2.  Subject  to  ordinances.]  § 2.  That  the  said  telegraph 
lines,  wires  and  fixtures  shall  be  constructed  and  maintained  subject 
to  all  the  provisions  of  the  ordinances  of  the  said  town  now  in  force 
or  that  may  hereafter  be  enacted. 

§ 881.  Mutual  Union  Telegraph  company. 

If  1.  Grant— route. 

Hi  2.  Construction — supervision. 

nr  3.  Rights  reserved — use  of  poles. 

Ht  4.  Indemnity  clause. 

Hf  5-  Subject  to  ordinances. 

Ht  6.  Term  of  grant. 

Ht  7.  When  in  force — acceptance. 

An  ordinance  authorizing  the  Mutual  ‘Union  .Telegraph  company  to  erect  tele- 
graph poles  in  the  town  of  Lake.  (Passed  September  13,  1881.  Accepted 
September  23,  1881.) 

T 1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake:  § 1.  That  the  Mutual  Union  Telegraph  Com- 
pany is  hereby  authorized  to  erect  telegraph  poles  in  the  town  of 
Lake  as  hereinafter  specified,  and  to  construct  and  maintain  a line 


88i] 


MUTUAL  UNION  TELEGRAPH  COMPANY. 


1887 


or  lines  of  telegraph  in  connection  with  the  same,  viz.:  On  the  east 

side  of  said  Kinkaid  street  or  Ogden  avenue  from  Egan  avenue  to 
Forty-seventh  street;  on  the  north  side  of  Forty-seventh  street  from 
Walker  avenue  to  Halsted  street;  on  the  west  side  of  Halsted  street 
from  Forty-seventh  street  to  Fifty-first  street;  on  the  south  side  of 
Fifty-first  street  from  Halsted  street  to  State  street,  and  on  the  east 
side  of  Scammon  street  from  Forty-seventh  street  to  the  southern  lim- 
its of  the  town  of  Lake  so  far  as  the  authority  of  the  town  may  ex- 
tend by  reason  of  the  dedication  or  opening  of  any  of  said  streets. 

T 2.  Construction — supervision.]  § 2.  The  poles  hereby  au- 
thorized to  be  erected  shall  be  placed  at  the  edge  or  curb  of  the  side- 
walk, and  the  whole  manner  of  constructing  said  telegraph  lines  as 
to  the  length  of  the  poles,  their  size  and  kind,  their  position  on  the 
streets  named  herein  and  otherwise,  shall  be  as  the  board  of  trustees 
of  the  town  of  Lake  shall  direct. 

1 3.  Rights  reserved— use  of  poles.]  § 3,  The  town  of  Lake 
shall  have  the  right  to  place  its  wires  for  telegraph  and  telephone  pur- 
poses upon  any  of  the  poles  which  may  be  erected  along  the  streets 
specified  in  this  ordinance,  and  where  any  of  its  said  wires  are  now 
strung  upon  poles  erected  along  any  of  said  streets,  the  same  shall  be 
transferred  by:  the  said  telegraph  company  to  the  poles  which  it  may 
erect  along  said  streets  under  the  authority  of  this  ordinance  without 
expense  to  the  town  of  Lake  for  such  transferring,  and  the  said  tele- 
graph company  shall  take  up  and  deliver  the  present  poles  back  of 
the  town  hall  in  the  town  of  Lake,  and  shall  furnish  and  string,  free 
of  cost  to  the  town  of  Lake,  two  number  nine  wires  on  said  poles  be- 
tween State  street  and  Ashland  avenue  erected  under  this  ordinance 

1 4.  Indemnity  clause.]  § 4.  The  authority  hereby  granted 
to  said  telegraph  company  is  upon  the  express  condition  that  the  said 
telegraph  company  indemnify  and  hold  the  town  harmless  from  any 
and  all  damages  and  expenses  to  which  it  may  be  subjected  by  reason 
of  the  passage  of  this  ordinance,  and  against  all  damages  which  may 
result  to  shade  trees,  and  which  may  result  from  the  falling  of  its  poles 
and  wires  along  any  of  the  streets  specified  in  this  ordinance. 

If  5.  Subject  to  ordinances.]  § 5.  All  the  proceedings  of  said 
telegraph  company  under  this  ordinance  shall  be  subject  to  any  ordi- 
nance relative  to  the  same  which  may  hereafter  be  passed  by  the 
board  of  trustees  of  the  town  of  Lake,  or  its  successors  in  corporate 
authority  in  said  town,  and  subject  to  any  ordinance  which  may  here- 
after be  passed  by  the  board  of  trustees  of  the  town  of  Lake,  or  its 
successors  in  corporate  authority  in  said  town,  relative  to  placing 
telegraph  lines  or  wire,  or  electric  conductors  used  and  operated 
within  the  corporate  limits  of  said  town  under  the  streets  of  said 
town,  and  all  regulations  relative  thereto  which  may  be  hereafter  pre- 
scribed by  said  ordinance.  , 


1888 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


T 6.  Term  of  grant.]  § 6.  The  grants  and  privileges  herein 
conferred  shall  expire  and  determine  twenty  years  from  the  date  of  the 
passage  of  this  ordinance. 

1 7.  When  in  force-acceptance.]  § 7.  The  provisions  of  this 
ordinance  shall  extend  to  and  be  binding  upon  all  the  grantees,  les- 
sees or  purchasers  deriving  title  through  or  under  said  Mutual  Union 
Telegraph  Company,  and  this  ordinance  shall  not  be  in  force  until  a 
written  acceptance  thereof  by  said  company,  signed  by  the  proper 
officer  of  said  company  and  its  corporate  seal  affixed  thereto  and 
properly  attested,  is  filed  with  the  town  clerk  of  the  town  of  Lake, 
said  acceptance  to  be  filed  within  thirty  days  after  the  passage  of  this 
ordinance. 

§ 882.  Mutual  Union  Telegraph  company. 

1.  Grant. 

*f[  2.  Route — bond — conditions. 

; 3-.  Restoration  of  streets. 

4.  Subject  to  ordinances. 

An  ordinance  authorizing  the  Mutual  Union  Telegraph  company  to  lay  down 

and  maintain  underground  wires  in  the  city  of  Chicago.  (Passed  October 

10,  1881.) 

T 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  the  Mutual  Union  Telegraph  Company  be  and 
hereby  is  authorized  to  lay  down  and  maintain  its  wires  underground 
in  the  city  of  Chicago 

T 2.  Route — bond— conditions.]  § 2.  The  commissioner  of 
public  works  shall  designate  the  route  or  routes,  streets,  alleys  or 
tunnels,  in  or  through  which  such  wires  shall  be  laid,  and  he  shall 
prescribe  such  conditions  and  regulations  as  to  the  manner  of  laying 
and  repairing  such  wires  as  shall  do  the  least  possible  injury  to  said 
streets,  alleys,  highways  or  tunnels,  or  to  the  water  or  gas  pipes,  or 
sewers,  or  shall  impose  the  least  inconvenience  to  the  public,  or  to 
the  holders  of  the  property  along  which  such  wires  shall  be  laid,  and 
the  said  telegraph  company  shall  file  with  the  city  clerk  a bond  in  the 
penal  sum  of  twenty-five  thousand  dollars,  with  good  and  sufficient 
sureties,  to  be  approved  by  the  city  council,  to  save  and  indemnify 
the  city  of  Chicago  against  all  liabilities,  losses  or  judgments  that  may 
in  any  wise  come  against  said  city  in  consequence  of  the  carelessness 
or  neglect  of  said  telegraph  company,  its  agents  or  employes,  in  lay- 
ing down  or  repairing  its  wires,  or  which  may  accrue  or  be  recovered 
against  said  city  on  account  or  by  reason  of  the  exercise  by  said  com- 
pany, its  successors  or  assigns,  of  the  privileges,  or  any  of  them, 
hereby  granted. 

1 3.  Restoration  of  streets.]  § 3.  In  all  case  the  streets,  al- 
leys, highways  or  tunnels  (together  with  the  water  and  gas  pipes  and 
sewers)  wherein  such  wires  shall  be  laid  shall  be  restored  as  nearly  as 
may  be,  as  provided  by  section  581  of  the  Revised  Ordinances  of  said 
city,  or  as  may  hereafter  be  provided  by  ordinance. 


§ § 883,  884]  MUTUAL  UNION  TELEGRAPH  COMPANY.  1889 

If  4.  Subject  to  ordinances.]  § 4.  That  all  the  doings  of 
said  company  under  this  ordinance  shall  be  subject  to  any  ordinance 
that  may  have  been  or  may  hereafter  be  enacted  by  the  council  con- 
cerning telegraph  companies. 

§ 883.  Mutual  Union  Telegraph  company. 

IT  1.  Grant — route. 

TT  2.  Subject  to  ordinances. 

•[[  3.  When  in  force. 

An  ordinance  granting  permission  to  the  Mutual  Union  Telegraph  company  to 
construct  and  maintain  a line  of  telegraph  on  the  east  side  of  Forty-eighth 
street  in  the  town  of  Cicero.  (Passed  October  29,  1881.) 

1 1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Cicero,  in  meeting  assembled:  § 1.  That  the  Mutual 
Union  Telegraph  Company  be  and  it  is  hereby  authorized  and  em- 
powered to  construct  and  maintain  a line  of  telegraph  on  and  along 
the  east  side  of  Forty-eighth  street  from  the  northern  to  the  south- 
ern limits  of  the  town  of  Cicero. 

1 2.  Subject  to  ordinances.]  § 2.  That  all  the  doings  of  said 
telegraph  company  under  this  ordinance  shall  be  subject  to  any  ordi- 
nance that  may  have  been  or  may  hereafter  be  enacted  by  the  board 
of  trustees  of  said  town. 

IT  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 884.  Mutual  Union  Telegraph  company. 

•ff  Temporary  line — conditions — bond. 

An  ordinance  authorizing  the  Mutual  Union  Telegraph  company  to  erect  and 
maintain  a temporary  line  of  telegraph  poles  and  wires  in  the  city  of  Chi- 
cago. (Passed  December  29,  1881.) 

T 1.  Temporary  line— conditions — bond.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  the  Mutual  Union 
Telegraph  Company  be  and  is  hereby  authorized  to  erect  and  main- 
tain one  temporary  line  of  poles  and  wires,  for  telegraph  purposes 
only,  between  their  offices  in  the  city  of  Chicago  and  their  offices  in 
other  cities,  as  hereinafter  set  forth,  subject  to  the  following  condi- 
tions: 

First.  Said  line  of  poles  shall  be  erected  from  the  southern  bound- 
ary of  the  city  to  its  northern  boundary,  by  way  of  said  company's 
chief  offices  in  the  business  center  of  the  city,  upon  a practicable  route, 
which  shall  be  designated  by  the  commissioner  of  public  works,  avoid- 
ing, as  far  as  practicable,  sides  of  streets  already  encumbered  with 
poles 

Second.  That  the  right  to  maintain  said  poles  and  wires  may  be 
terminated  at  any  tme,  should  the  mayor  of  the  city  of  Chicago  so 
direct. 

Third.  The  poles  erected  under  this  ordinance  shall  be  not  less 
119 


1890 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§  884 


than  forty  feet  in  height,  and  shall  be  painted  in  such  manner  as  the 
commissioner  of  public  works  may  prescribe.  And  no  advertise- 
ments shall  be  placed  upon  said  poles. 

Fourth.  The  wires  of  the  fire  alarm  telegraph  of  the  city  may 
be  placed  upon  or  transferred  to  any  of  the  poles  erected  under  this 
ordinance,  whenever  the  superintendent  of  the  city  telegraph  may 
so  direct. 

Fifth.  For  the  purpose  of  reaching  branch  offices  and  business 
houses,  the  said  Mutual  Union  Telegraph  Company  shall  have  the 
privilege  of  erecting  and  maintaining  single  wire  lines,  to  be  attached 
to  housetops  or  private  property,  with  the  consent  of  the  owners 
thereof  ; and  such  wires  may  cross  the  streets  and  alleys  and  city  prop- 
erty, for  the  purpose  of  reaching  and  connecting  the  points  to  which 
they  are  attached ; Provided,  that  the  streets,  alleys  and  city  property 
so  crossed  shall  be  determined  by  the  commissioner  of  public  works. 

Sixth.  The  line  of  telegraph  poles  erected  and  the  wires  strung 
under  the  provisions  of  this  ordinance  shall  be  of  a temporary  char- 
acter only,  and  for  the  purpose  of  enabling  the  said  Mutual  Union 
Telegraph  Company  to  do  business  while  it  is  perfecting  a system 
of  underground  telegraphy,  and  due  diligence  shall  be  used  to  perfect 
and  put  in  operation  said  system  on  or  before  the  first  day  of  March, 
A.  D.  1883;,  and  all  the  rights  and  privileges  granted  under  this  ordi- 
nance shall  terminate  on  the  first  day  of  March,  1883,  and  construc- 
tions thereunder  removed  at  the  expense  and  cost  of  said  company,  its 
successors  or  assigns. 

Seventh.  And  further,  upon  the  condition  that  said  Mutual  Union 
Telegraph  Company  will,  before  the  permit  to  erect  the  said  tem- 
porary line  of  poles  and  string  wires  as  aforesaid  is  granted,  and  be- 
fore the  erection  of  said  poles  and  wires,  execute  to  the  city  of  Chicago 
a good  and  sufficient  bond,  with  sureties  to  be  approved  by  the  mayor 
of  the  city  of  Chicago,  in  the  penal  sum  of  twenty-five  thousand  dol- 
lars, conditioned  that  said  Mutual  Union  Telegraph  Company,  its 
successors  or  assigns,  will  well  and  truly  pay,  or  cause  to  be  paid,  any 
and  all  damage  which  may  be  caused  to  said  city  by  said  company, 
and  pay  or  cause  to  be  paid  any  and  all  damage,  loss  or  expense  to 
said  city,  or  to  any  private  person  or  property,  arising  from,  growing 
out  of  or  incident  to  the  erection  of  said  poles  and  wires,  the  main- 
taining the  same,  or  the  removal  thereof,  and  will  at  all  times  save 
and  keep  harmless  said  city  of  Chicago  from  all  damage,  loss  or  ex- 
pense caused  by  or  incident  to  the  erection  of  said  poles  and  the 
stringing  of  said  wires,  the  maintaining  of  the  same  and  the  removal 
thereof;  and  further,  that  said  company  will  remove  and  take  down 
said  poles  and  wires  at  the  time  herein  designated,  or  sooner  if  so 
ordered  and  directed  by  the  mayor,  and  will  pay  or  cause  to  be  paid 
any  and  all  expense,  cost  or  damage  the  city  may  be  put  to  or  sustain 
in  removing  and  taking  down  said  poles  and  wires,  if  said  company 
should  fail  or  neglect  to  remove  the  same  at  the  time  designated 


§ 885] 


PACIFIC  & ATLANTIC  TELEGRAPH  COMPANY. 


1891 


above,  or  upon  the  order  and  direction  of  the  mayors  and  further  con- 
ditioned, that  said  company  will  at  all  times  comply  with  this  ordi- 
nance and  the  provisions  thereof,  and  the  directions  and  orders  of  the 
mayor  or  commissioner  of  public  works,  in  regard  to  the  erection, 
maintaining  or  removal  of  the  same. 


PACIFIC  & ATLANTIC  TELEGRAPH  COMPANY. 

§ 885.  Pacific  & Atlantic  Telegraph  company. 

If  1.  Grant — route.  ” 

Tf  2.  Location,  etc. , of  poles, 
if  3.  Subject  to  ordinances. 

An  ordinance  authorizing  the  Pacific  & Atlantic  Telegraph  company  of  the 

United  States  to  erect  telegraph  poles  on  the  streets  of  the  city  of  Chicago. 

(Passed  September  6,  1869.) 

1"  1.  Grant — route.]  Be  it  ordained  by  the  common  council  of 
the  city  of  Chicago:  § 1.  That  the  Pacific  and  Atlantic  Telegraph 

Company  of  the  United  States  is  hereby  authorized  to  erect  telegraph 
poles  on  the  streets  of  the  city  of  Chicago  as  hereinafter  specified, 
and  to  construct  and  maintain  a line  or  lines  of  telegraph  in  connec- 
tion with  the  same,  viz.:  On  Halsted  street,  from  Egan  avenue  10 

Twenty-sixth  street;  on  Twenty-sixth  street,  from  Halsted  street  to 
Wentworth  avenue;  on  Wentworth  avenue,  from  Twenty-sixth  street 
to  Twenty-second  street;  on  Twenty-second  street,  from  Wentworth 
avenue  to  Burnside  street;  on  Burnside  street,  from  Twenty-second 
street  to  Fourteenth  street;  on  Fourteenth  street,  from  Burnside  street 
to  Fourth  avenue;  on  Fourth  avenue,  from  Fourteenth  street  to  Polk 
street;  on  Polk  street,  from  Fourth  avenue  to  Griswold  street;  on 
Griswold  street,  from  Polk  street  to  Jackson  street;  on  Jackson  street, 
from  Griswold  street  to  La  Salle  street;  on  the  east  side  of  La  Salle 
street,  from  Jackson  street  to  Washington  street,  and  thence  to  such 
places  on  La  Salle,  Washington  or  Clark  streets  as  said  company  shall 
select  for  their  general  offices,  the  precise  route  to  be  determined 
by  the  board  of  public  works.  The  telegraph  poles  erected  along  the 
streets  specified  in  this  section,  and  which  will  be  north  of  Thirty- 
first  street,  shall  be  planed  and  painted. 

97  2.  Location,  etc.,  of  Doles.]  § 2.  The  poles  hereby  author- 
ized to  be  erected  shall  be  placed  at  the  edge  or  curb  of  the  sidewalk, 
and  the  whole  manner  of  placing  the  same,  and  the  manner  of  con- 
structing said  telegraph  lines,  to  the  height,  size  and  kind  of  poles, 
their  position  on  the  streets  named  herein  and  otherwise,  shall  be  as 
the  board  of  public  works  shall  direct. 


1892 


TELEGRAPH  AND  TELEPHONE  COMPANIES.  [§  § 886,  887 


IF  3.  Subject  to  ordinances.]  § 3.  All  the  proceedings  of  said 
telegraph  company  under  this  ordinance  shall  be  subject  to  any  ordi- 
nance relative  to  the  said  telegraph  line,  which  may  hereafter  be 
passed  by  the  common  council  of  the  city  of  Chicago. 


POSTAL  TELEGRAPH  COMPANY. 

§ 886.  Postal  Telegraph  company. 

1.  Grant — route — conditions — acceptance. 

An  order  authorizing  the  Postal  Telegraph  company  to  erect  and  maintain  a tele- 
graph line  in  the  village  of  Washington  Heights.  (Passed  December  4, 1882.) 

IF  1.  Grant — route— conditions — acceptance.]  Ordered,  that 
permission  be  and  is  hereby  granted  to  the  Postal  Telegraph  Com- 
pany to  erect  and  maintain  a telegraph  line  through  this  village  on 
and  along  Vincennes  road,  from  South  street  north  to  95th  street, 
with  the  express  understanding  that  none  of  the  poles  or  wires  of  the 
said  line  shall  be  placed  so  as  to  interfere  with  or  impede  the  flow  of 
water  in  the  ditches  along  said  road,  or  with  travel  along  the  same, 
or  along  the  sidewalk,  crosswalks,  cross  streets,  alleys  or  private  ways 
connected  with,  or  across  or  along  the  said  Vincennes  road,  and  that 
said  telegraph  poles  shall  be  set  a distance  of  not  less  than  eight  feet 
east  of  the  east  line  of  the  road-bed  of  said  highway;  and  further,  that 
the  village  o!  Washington  Heights  shall  have  the  right  to  attach  a 
wire  or  wires  to  said  poles  within  the  village  limits;  and  the  president 
of  this  board  is  hereby  empowered  to  draw  up  a proper  consent  m 
writing  covering  the  conditions  of  this  permit,  and  the  committee 
on  streets  and  highways  of  this  board  is  hereby  empowered  to  direct 
the  erection  of  the  poles  mentioned  herein,  and  see  that  the  provisions 
and  conditions  of  this  permit  are  complied  with,  which  permit  shall 
have  no  binding  force  unless  accepted  in  writing  by  said  Postal  Tele- 
graph Company. 

§ 887.  Postal  Telegraph  company. 

^f  1.  Grant — route. 

2.  Indemnity  clause. 

3.  Transfer,  etc.,  to  terminate  grant. 

4.  Rights  reserved — removal  of  poles. 

5.  When  in  force — acceptance. 

An  ordinance  authorizing  the  Postal  Telegraph  company  to  erect  and  maintain  a 
line  of  telegraph  poles  and  wires  in  'the  town  of  Lake.  (Passed  December 
22,  1882.  Accepted  January  12,  1883.) 

TF  1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake:  § 1.  That  permission  and  authority  is  hereby 
granted  to  the  Postal  Telegraph  Company,  for  a period  of  ten  (10) 


§ 887] 


POSTAL  TELEGRAPH  COMPANY. 


1898 


years  from  this  date,  to  erect,  construct,  maintain  and  securely  brace 
and  guy  one  line  of  telegraph  poles  with  cross  arms  and  wires  strung 
thereon  for  supporting  the  insulators,  wires  and  other  necessary  fix- 
tures of  such  line  in  such  manner  and  at  such  points  as  the  superin- 
tendent of  public  works  of  the  town  of  Lake  may  direct,  in  and  along 
and  upon  the  following  streets  and  alleys  within  the  town  of  Lake, 
to  wit:  On  Halsted  street,  from  the  south  line  of  the  town  of  Lake 
to  Seventy-first  street;  thence  west  on  Seventy-first  street  to  Center 
avenue;  thence  north  on  Center  avenue  to  the  north  side  of  Forty- 
seventh  street;  also  on  Thirty-ninth  street  from  the  west  side  of  Hal- 
sted street  to  School  street. 

T 2.  Indemnity  clause.]  § 2.  The  permission  and  authority 
hereby  granted  are  upon  the  further  express  condition  that  the  said 
telegraph  company  shall  and  will  forever  indemnify  and  save  harm- 
less the  town  of  Lake  against  and  from  any  and  all  damages,  judg- 
ments, decrees  and  costs  and  expenses  of  the  same  which  it  may  suf- 
fer, or  which  may  be  recovered  or  obtained  against  said  town  for  or 
by  reason  of  the  granting  of  said  privilege  and  authority,  and  for, 
or  by  reason  of,  growing  out  of,  and  resulting  from  the  passage  of 
this  ordinance,  or  any  matter  or  thing  connected  therewith,  or  with 
the  exercise  by  said  company  of  the  privilege  hereby  granted,  or  from 
any  act  or  acts  of  the  said  company  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance. 

1 3.  Transfer,  etc.,  to  terminate  grant.]  § 3.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  further  express  con- 
dition that  in  case  of  a transfer  of  the  telegraph  line  herein  provided 
for,  or  a sale  or  lease  by  the  said  Postal  Telegraph  Company  of  its 
property  or  franchise  to  any  other  corporation  whatever,  or  in  case 
the  title  to  said  property  should  become  changed  by  the  operation  of 
law,  then  and  from  thenceforth  the  rights  and  privileges  granted  by 
this  ordinance  shall  cease  and  determine,  and  the  town  of  Lake  shall 
have  the  right  to  remove  the  poles  and  wires  which  may  be  erected 
or  strung  under  this  ordinance  from  the  streets  and  alleys  of  said 
town. 

1 4.  Rights  reserved— removal  of  poles.]  § 4.  The  permis- 
sion and  authority  hereby  granted  are  upon  the  further  express  condi- 
tion that  whenever  the  public  convenience,  in  the  judgment  of  the 
boa*d  of  trustees  of  the  town  of  Lake,_  may  require  that  any  of  the 
telegraph  poles,  which  may  be  erected  under  this  ordinance,  should 
be  removed  to  some  other  location  to  be  designated  by  said  board 
of  trustees,  the  said  telegraph  company  should,  within  ten  (10)  days 
after  written  notice  to  any  officer  of  said  company,  cause  said  change 
to  be  made  at  the  expense  of  said  telegraph  company,  and  in  case 
of  a failure  sq  to  do,  the  board  of  trustees  of  the  town  of  Lake  may, 
at  the  cost  of  the  said  company,  remove  the  poles  so  ordered  to  be 
removed,  without  erecting  others  in  their  stead. 


1894 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


[§§  888,  889 


If  5.  When  in  force— acceptance.]  § 5.  This  ordinance  shall 
not  be  in  force  until  the  written  acceptance  thereof  by  the  said  Postal 
Telegraph  Company  shall  be  filed  with  the  town  clerk  of  the  town  of 
Lake,  which  acceptance  must  be  filed  within  fifteen  (15)  days  from 
this  date 

Note. — See  following  amendatory  ordinance. 

§ 888.  Postal  Telegraph  company. 

IT  1.  Amending  section  i of  foregoing  ordinance, 
if  2.  Amendment. 

An  ordinance  amending  section  i of  a ordinance  passed  by  the  board  of  trustees 
of  the  town  of  Lake  December  22,  1882,  authorizing  the  Postal  Telegraph 
company  to  erect  a line  of  telegraph.  (Passed  May  8,  1883.) 

T 1.  Amending  section  1 of  foregoing  ordinance.  ] Be  it 

ordained  by  the  board  of  trustees  of  the  town  of  Lake:  That  section 

one  of  an  ordinance  adopted  by  the  board  of  trustees  of  the  town 
of  Lake  on  the  22nd  day  of  December,  A.  D.  1882,  granting  right  of 
way  to  the  Postal  Telegraph  Company  to  erect  poles  and  string  wires 
for  telegraph  purposes  over  some  streets  in  said  town  be  and  the  same 
is  hereby  amended  so  as  to  read  as  follows,  to  wit: 

2.  Amendment.]  § 1.  That  permission  and  authority  is 
hereby  granted  to  the  Postal  Telegraph  Company  for  a period  of  ten 
(10)  years  from  this  date  to  erect,  construct,  maintain  and  securely 
brace  and  guy  one  line  of  telegraph  poles  with  cross  arms  and  wires 
strung  thereon  for  supporting  the  insulators,  wires  and  other  neces- 
sary fixtures  of  such  line  in  such  manner  and  at  such  points  as  the 
superintendent  of  public  works  of  the  town  of  Lake  may  direct  in 
and  along  and  upon  the  following  streets  and  alleys  within  the  town 
of  Lake,  to  wit:  On  Halsted  street  from  the  south  line  of  the  town 

of  Lake  to  Seventy-first  (71st)  street,  thence  west  on  Seventy-first 
(71st)  to  Center  avenue,  thence  north  on  Center  avenue  to  the  north 
side  of  Forty-seventh  street;  also  on  Thirty-ninth  street  from  the  west 
side  of  Halsted  street  to  Wentworth  avenue. 

§ 889.  Postal  Telegraph  company. 

If  1.  Grant — route. 

If  2.  Subject  to  ordinances, 
it  3.  Indemnity  clause, 
it  4.  When  in  force. 

An  ordinance  authorizing  the  Postal  Telegraph  company  to  erect,  maintain  and 
operate  a line  of  telegraph  on  certain  streets  therein  named.  (Passed  Octo- 
ber 13,  1883.) 

1.  Grant — rbute.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Cicero,  in  meeting  assembled:  § 1.  Permission  and 

authority  are  hereby  given  and  granted  by  the  town  of  Cicero  to  the 
Postal  Telegraph  Company  to  erect,  maintain  and  operate  a line  of 
telegraph  over,  along  and  upon  the  following  named  streets  in  said 


§ 89°] 


UNITED  STATES  TELEGRAPH  COMPANY. 


1895 


town,  viz.:  Commencing  at  the  intersection  of  Thirty-fifth  (35th) 

street  and  the  Union  Stock  Yards  Railroad  and  running  thence  west 
on  said  street  to  Kinkade  avenue,  thence  south  on  Kinkade  avenue  to 
Thirty-sixth  (36th)  street,  thence  west  on  said  street  to  Kedzie  ave- 
nue, and  thence  north  on  said  avenue  to  the  Illinois  and  Michigan 
canal. 

1 2.  Subject  to  ordinances.]  § 2.  The  permission  and  au- 
thority hereby  given  and  granted  are  given  and  granted  upon  the 
express  condition  that  the  said  company  shall  and  will  keep  and 
perform  all  obligations  and  duties  that  are  now  or  hereafter  may  be 
imposed  by  any  general  or  special  ordinance  of  said  town  pertaining 
to  the  management,  regulation  and  control  of  telegraph  companies, 
and  also  as  to  the  police  powers  and  ordinances  and  health  regulations 
of  said  town,  and  that  the  poles  of  the  said  telegraph  line  hereby  au- 
thorized to  be  erected  shall  be  placed  in  such  portions  of  the  high- 
ways as  the  said  board  of  trustees  of  said  town  shall  from  time  to  time 
direct. 

3.  Indemnity  clause.]  § 3.  The  permission  and  authority 
hereby  given  and  granted  are  so  given  and  granted  upon  the  express 
further  condition  that  the  said  company,  its  grantees,  lessees,  succes- 
sors or  assigns,  shall  at  all  times  save  and  keep  harmless  the  said 
town  of  Cicero  of  and  from  any  and  all  damages,  costs,  judgments, 
decrees  and  expenses  which  may  be  incurred  or  sustained  by,  or  which 
may  be  rendered  against  said  town  by  reason  of  the  passage  of  this 
ordinance,  or  by  reason  of  the  exercising  the  permission  and  author- 
ity hereby  given  and  granted  to  said  company. 

And  this  permission  and  authority  is  hereby  granted  to  the  Postal 
Telegraph  Company  upon  the  express  condition  that  the  rights  hereby 
given  are  not  to  be  assigned  to,  or  in  any  manner  controlled  by,  any 
other  party  or  company. 

T 4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

UNITED  STATES  TELEGRAPH  COMPANY. 

§ 890.  United  States  Telegraph  company. 

IF  1.  Grant — conditions. 

An  ordinance  authorizing  the  United  States  Telegraph  company  to  construct  and 

maintain  a line  of  telegraph.  (Passed  September  21,  1863.) 

1.  Grant — conditions.]  Be  it  ordained  by  the  common  coun- 
cil of  the  city  of  Chicago:  § 1.  That  the  United  States  Telegraph 
Company  is  hereby  authorized  to  construct  and  maintain  a line  or 
lines  of  telegraph  through  the  streets,  and  under  the  bed  of  Chicago 
river  and  its  branches,  so  as  in  nowise  to  interfere,  now  or  hereafter, 
with  the  navigation  of  said  river  and  branches;  the  line  or  lines  to  be 
constructed  along  such  streets,  and  across  the  river  or  branches,  at 
such  points  and  in  such  manner  as  to  the  kind  and  position  of  the  tele- 


1896  TELEGRAPH  AND  TELEPHONE  COMPANIES.  [§§891,892 

graph  poles,  the  height  of  the  wires  above  the  streets,  and  in  all  other 
particulars,  as  the  board  of  public  works  may  direct;  Provided, 
however,  that  all  the  doings  of  said  telegraph  company,  under  this 
ordinance,  shall  be  subject  to  any  ordinance  which  may  hereafter  be 
passed  by  the  council  concerning  the  same. 


WESTERN  UNION  TELEGRAPH  COMPANY. 

§ 891.  Western  Union  Telegraph  company. 

"IT  1.  Grant — route. 

If  2.  Construction. 

if  3.  Subject  to  ordinances. 

if  4.  Rights  reserved — use  of  poles. 

An  ordinance  authorizing  the  Western  Union  Telegraph  company  to  erect  and 
maintain  a line  of  telegraph  in  the  village  of  Hyde  Park.  (Passed  and  ap- 
proved June  27,  1884.) 

if  1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  village  of  Hyde  Park:  § I.  That  the  Western  Union  Tele- 

graph Company  is  hereby  authorized  to  erect  telegraph  poles  and 
maintain  a line  of  telegraph  thereon  on  Sixty-first  street,  from  State 
street  to  a point  in  rear  of  the  grand  stand  of  the  Washington  Driving 
Park. 

if  2.  Construction.]  § 2.  The  whole  manner  of  constructing 
said  telegraph  line,  as  to  position  and  otherwise,  shall  be  as  the  village 
electrician  shall  direct. 

if  3.  Subject  to  ordinances.]  §3.  All  the  proceedings  of  said 
telegraph  company  under  this  ordinance  shall  be  subject  to  any  ordi- 
nance relative  to  the  same  which  may  hereafter  be  passed  by  the  board 
of  trustees  of  the  village  of  Hyde  Park. 

if  4.  Rights  reserved — use  of  poles.]  § 4.  The  village  of 
Hyde  Park  shall  have  the  right  to  string  and  maintain  wires  on  said 
poles. 

§ 892.  Western  Union  Telegraph  company. 

^f  1.  Grant — route, 
if  2.  Construction, 
if  3.  Rights  reserved — use  of  poles. 

If  4.  Indemnity  clause, 
if  5.  Subject  to  ordinances, 
if  6.  Term  of  grant, 
if  7.  When  in  force,  acceptance. 

An  ordinance  authorizing  the  Western  Union  Telegraph  company  to  erect  tele- 
graph poles  in  the  town  of  Lake.  (Passed  April  21,  1882.  Accepted  June 
9,  1882.) 


892] 


WESTERN  UNION  TELEGRAPH  COMPANY. 


1897 


1[  1.  Grant — route.]  Be  it  ordained  by  the  board  of  trustees 
of  the  town  of  Lake:  § 1.  That  the  Western  Union  Telegraph  Com- 
pany is  hereby  authorized  to  erect  telegraph  poles  in  the  town  of  Lake, 
as  hereinafter  specified,  and  to  construct  and  maintain  a line  or  lines 
of  telegraph  in  connection  with  the  same,  as  follows:  On  the  west 

side  of  Wallace  street,  from  Forty-eighth  street  to  Seventy-fifth  street, 
and  on  the  north  side  of  Forty-eighth  street,  from  Wallace  street  to 
the  east  side  of  Stewart  avenue. 

% 2.  Construction.]  § 2.  The  poles  hereby  authorized  to  be 
erected  shall  be  placed  at  the  edge  or  curb  of  the  sidewalk,  and  the 
whole  manner  of  constructing  said  telegraph  lines,  as  to  the  length 
of  the  poles,  their  size  and  kind,  their  position  on  the  streets  named 
herein  and  otherwise,  shall  be  as  the  board  of  trustees  of  the  town  of 
Lake  shall  direct. 

1 3.  Rights  reserved — use  of  poles.]  § 3.  The  said  telegraph 
company  shall  furnish  and  reserve,  for  the  use  of  the  town  of  Lake, 
the  top  cross  arm  upon  all  poles  which  may  be  erected  along  the 
streets  specified  in  this  ordinance.  Upon  said  arm  (which  shall  be  tor 
four  wires)  the  said  telegraph  company  shall,  within  sixty  days  from 
this  date,  place  two  No.  9 wires  for  the  exclusive  use  of  the  town  of 
Lake,  and  extend  the  same  to  the  intersection  of  Wallace  street  and 
Vincennes  avenue;  and  the  town  of  Lake  may  also  furnish  and  put 
upon  said  cross  arms  two  additional  wires  for  its  own  use.  It  is, 
however,  specially  understood  that  all  wires  put  up  by  or  for  the  town 
of  Lake,  under  this  ordinance,  shall  be  used  for  its  proper  corporate 
business  only,  and  shall  not  be  rented  or  leased  or  in  any  manner 
used  by  any  other  corporation,  firm  or  individual. 

1*  4.  Indemnity  clause.]  § 4.  The  authority  hereby  granted 
to  said  telegraph  company  is  upon  the  express  condition  that  the 
said  telegraph  company  shall  indemnify  and  hold  the  said  town  harm- 
less from  any  and  all  damages  and  expense  to  which  it  may  be  sub- 
jected by  reason  of  the  passage  of  this  ordinance,  and  against  all 
damages  which  may  result  to  shade  trees,  and  which  may  result  from 
the  falling  of  its  poles  and  wires  along  any  of  the  streets  specified  in 
this  ordinance 

1 5.  Subject  to  ordinances.]  § 5.  All  the  proceedings  01  said 
telegraph  company  under  this  ordinance  shall  be  subject  to  any  ordi- 
nance relative  to  the  same,  which  may  hereafter  be  passed  by  the 
board  of  trustees  of  the  town  of  Lake,  or  relative  to  the  placing  of 
telegraph  lines,  wires  or  electric  conductors,  used  and  operated  within 
the  corporate  limits  of  said  town,  under  the  streets  of  said  town,  and 
subject  to  all  the  regulations  which  may  be  prescribed  by  such  ordi- 
nance or  ordinances. 

% 6.  Term  of  grant.]  § 6.  The  grants  and  privileges  herein 
conferred  shall  expire  and  determine  ten  years  from  the  date  of  the 

passage  of  this  ordinance. 

120 


1898 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


1 7.  When  in  force— acceptance.]  § 7.  The  permission  of 
this  ordinance  shall  extend  to  and  be  binding  upon  all  the  grantees, 
lessees  or  purchasers  deriving  title  through  or  under  said  Western 
Union  Telegraph  Company,  and  this  ordinance  shall  not  be  in  force 
until  a written  acceptance  thereof  by  said  company  is  filed  with  the 
town  clerk  of  the  town  of  Lake,  and  the  provisions  of  section  three  of 
this  ordinance  are  complied  with,  and  which  must  be  done  within 
sixty  days  from  this  date. 


APPENDIX. 


Chapter  XIX. 
Chapter  XX. 
Chapter  XXI. 
Chapter  XXII. 
Chapter  XXIII. 
Chapter  XXIV. 
Chapter  XXV. 


Cemeteries. 

Electric  Light  and  Heat. 

Parks,  Boulevards  and  Driveways. 
Private  Privileges. 

Railways — Track  Elevation. 

Street  Railways. 

Switch  Tracks. 


CHAPTER  XIX.— CEMETERIES. 


SISTERS  OF  THE  POOR  CLAIR. 

§ 893.  Sisters  of  the  Poor  Clair. 

If  1.  Permission  to  use  a private  cemetery. 

If  2.  Subject  to  ordinance. 

If  3.  When  in  force. 

An  ordinance  to  establish  a cemetery  for  the  Sisters  of  the  Poor  Clair. 
(Passed  June  8,  1897.) 

If  1.  Permission  to  use  a private  cemetery.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § 1.  That  permission  and 

authority  is  hereby  granted  to  the  Sisters  of  the  Poor  Clair,  located 
in  the  city  of  Chicago,  to  use  a private  cemetery  within  their  grounds 
for  the  interment  of  members  of  their  order  who  die  while  residing  at 
their  institute.  The  premises  to  be  used  as  a cemetery  is  situated  in 
Chicago,  Cook  county,  Illinois,  described  as  lots  25,  26,  27,  28,  29,  30, 
3L  32>  33>  34,  35  and  36,  P.  S.  Barber’s  subdivision  of  section  8,  town- 
ship 38,  north  of  range  14. 

If  2.  Subject  to  ordinances.]  § 2.  This  permit  is  granted 
subject  to  the  requirements  of  sections  837  and  836,  article  6,  of  the  re- 
vised code  of  the  city  of  Chicago,  1897. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

•Special  ordinances  passed  since  April  8,  1897. 


1899 


CHAPTER  XX.— ELECTRIC  LIGHT,  HEAT  AND  POWER. 


§ 894.  American  Development  Co. 

§ 895.  Commonwealth  Electric  Company. 

§ 896.  Consumers’  Electric  Light  Company. 
| 897.  Herman  Grossman  & Co. 

§ 898.  Sparr  & Weiss. 


AMERICAN  DEVELOPMENT  COMPANY. 

§ 894.  American  Development  Company. 

If  1.  Preamble. 

II  2.  Agreement. 

If  3.  Agreement. 

If  4.  Contracts  confirmed. 

If  5.  Adopted  by  city. 

If  6.  Appropriations. 

if  7.  When  in  force. 

An  ordinance  ratifying  contracts  between  the  city  of  Chicago  and  the  Amer- 
ican Development  Company.  (Dated  September  22d,  A.  D.  1897.) 

1.  Preamble.]  § 1.  Whereas,  In  the  annual  appropriation 
ordinance,  passed  on  the  18th  day  of  March,  A.  D.  1897,  there  was  in- 
cluded the  sum  of  $600,000  for  street  lighting,  and  therein  and  thereby 
it  was  provided  that  the  said  sum  so  appropriated  should  be  spent  un- 
der the  direction  of  the  comptroller;  and 

Whereas,  Under  and  by  virtue  of  the  authority  duly  conferred  upon 
him,  the  said  comptroller  duly  advertised  for  bids  for  lighting  the  out- 
lying streets  of  the  city  of  Chicago  with  gasoline  lamps,  and  the  Amer- 
ican Development  Company  was  the  lowest  responsible  bidder  upon 
such  advertisement;  and 

Whereas,  In  pursuance  of  such  advertisement  and  bidding,  two 
contracts  were  duly  executed  with  the  said  American  Development 
Company  by  the  city  of  Chicago,  the  comptroller  and  mayor  executing 
the  same  in  behalf  of  the  city  of  Chicago,  the  said  two  contracts  being 
in  words  and  figures  as  follows,  to  wit: 

If  2.  Agreement.]  § 2.  “This  agreement,  made  and  entered  into 
this  22nd  day  of  September,  A.  D.,  1897,  by  and  between  the  city  of 
Chicago,  a municipal  corporation  in  the  county  of  Cook  and  state  of 
Illinois,  party  of  the  first  part,  and  the  American  Development  Com- 
pany, a corporation  of  the  state  of  Minnesota,  party  of  the  second  part, 
Witnesseth:  That  the  said  party  of  the  second  part  for  and  in  con- 

sideration of  the  covenants,  articles  and  agreements  hereinafter  men- 


1900 


§«94] 


AMERICAN  DEVELOPMENT  COMPANY-. 


1901 


tioned  to  be  performed,  kept  and  observed  by  the  party  of  the  first  part, 
its  successors  and  assigns,  hereby  agrees  with  said  party  of  the  first 
part  that  it,  the  party  of  the  second  part,  will  operate  in  the  manner 
hereinafter  set  forth,  two  thousand  eight  hundred  (2,800)  street  lamps 
(more  or  less)  in  the  city  of  Chicago,  for  and  during  the  term  of  this 
agreement,  as  hereinafter  set  forth. 

The  said  twenty-eight  hundred  (2800)  lamps  (more  or  less)  to  be 
operated  and  lighted  by  said  party  of  the  second  part,  to  be  the  twenty- 
eight  hundred  (2800)  street  lamps  (more  or  less),  posts  and  appliances 
formerly  owned  and  operated  by  the  party  of  the  first  part,  and  by  it 
transferred  to  the  Globe  Light  and  Heat  Company  on  the  30th  day 
of  January,  A.  D.  1897,  and  the  party  of  the  first  part  agrees  to  re- 
purchase at  a price  not  to  exceed  the  sum  of  seven  thousand,  four 
hundred  and  seventy-nine  dollars  ($7,479)  all  of  said  street  lamps, 
posts  and  appliance  so  transferred,  and  to  turn  over  same  to  the  party 
of  the  second  part  upon  payment  by  said  party  of  the  second  part  to 
the  party  of  the  first  part  of  the  sum  of  seven  thousand,  four  hundred 
and  seventy-nine  dollars  ($7,479). 

And  the  party  of  the  second  part  hereby  agrees  that  when  said 
twenty-eight  hundred  (2,800)  lamps,  posts  and  appliances  (more  or 
less)  are  so  turned  over  to  it,  it  will  place  upon  said  lamps  its  own 
burners,  and  will  operate  same  during  the  continuance  of  this  con- 
tract, according  to  the  following  specifications: 

Material  to  be  used  for  lighting  purposes  to.  be  gasoline;  said 
gasoline  to  be  furnished  by  and  at  the  expense  of  the  party  of  the 
second  part.  Each  of  said  lamps  to  be  lit  every  night  in  each  month, 
and  to  be  kept  lit  from  dusk  until  dawn;  said  lamps  to  be  lit,  ex- 
tinguished and  kept  in  repair  by  and  at  the  expense  of  the  party  of 
the  second  part.  Lamps  to  be  cleaned  by  the  party  of  the  second 
part  to  the  acceptance  of  the  party  of  the  first  part. 

Price  to  be  paid  to  the  party  of  the  second  part  to  be  at  the 
rate  of  eleven  dollars  and  forty-eight  cents  ($11.48)  per  annum  for  each 
and  every  lamp  lighted;  payments  to  be  made  monthly.  All  claims 
for  lamps  not  lighted  to  be  reported  by  the  party  of  the  first  part  to 
the  party  of  the  second  part  at  once,  giving  date,  location,  hour, 
and  by  whom  reported,  otherwise  no  claim  for  lamps  not  lighted  to 
be  allowed. 

And  in  consideration  of  the  performance  by  the  party  of  the  second 
part  of  the  foregoing  agreements  and  specifications,  the  party  of  first 
part  hereby  agrees  to  turn  over,  on  or  before  the  first  day  of  October, 
A.  D.  1897,  to  the  party  of  the  second  part  the  twenty-eight  hundred 
(2,800)  lamps  (more  or  less)  hereinbefore  described,  upon  payment  to  it 
by  the  party  of  the  second  part  of  the  sum  of  seven  thousand,  four 
hundred  and  seventy-nine  dollars  ($7,479).  And  said  first  party  further 
agrees  to  pay  said  party  of  the  second  part  for  the  lighting  of  said 
lamps,  and  the  operating  thereof  according  to  the  terms  of  the  fore- 
going agreement,  at  the  rate  of  eleven  dollars  and  forty-eight  cents 


1902 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  894 


($11.48)  per  lamp,  per  annum  for  each  and  every  lamp  lighted  by 
the  party  of  the  second  part  as  aforesaid;  said  payments  to  be  made 
monthly. 

It  is  hereby  understood  and  agreed  by  and  between  the  parties 
hereto,  that  this  agreement  shall  take  effect  on  and  from  the  first  day 
of  October,  A.  D.  1897,  and  shall  continue  in  force  and  effect  for  a 
period  of  one  year  from  and  after  such  date;  provided,  however,  that 
if  the  party  of  the  second  part  shall  desire  to  continue  this  contract, 
in  force  and  effect  for  a further  period  of  one  year  beginning  on  the 
first  day  of  October,  A.  D.  1898,  upon  the  same  terms  and  condi- 
tions as  provided  for  herein,  said  party  of  the  second  part  shall  have 
the  privilege  of  so  doing,  upon  its  giving  at  least  thirty  (30)  days  notice 
in  writing  before  the  first  day  of  October,  A.  D.  1898,  to  the  party  of 
the  first  part  of  its  intention  and  desire  to  so  continue  this  agree- 
ment in  force  and  effect  for  another  year. 

In  Witness  Whereof,  the  parties  hereto  have  caused  their  respective 
seals  to  be  hereto  affixed  and  attested  by  the  signatures  of  their  duly 
authorized  officers  or  agents,  upon  this  the  twenty-second  day  of 
September,  A.  D.  1897. 

(Signed)  CARTER  H.  HARRISON, 

Mayor. 

R.  A.  WALLER, 

City  Comptroller. 

AMERICAN  DEVELOPMENT  COMPANY. 

By  C.  A.  PETTINGILL, 

Secretary. 

ROBERT  SEEGER, 

Manager. 

If  3.  Agreement.]  § 3.  “This  agreement  made  and  entered  in- 
to this  22nd  day  of  September,  A.  D.  1897,  by  and  between  the  city 
of  Chicago,  a municipal  corporation  in  the  county  of  Cook  and  state 
of  Illinois,  party  of  the  first  part,  and  the  American  Development 
Company,  a corporation  of  the  state  of  Minnesota,  party  of  the 
second  part. 

Witnesseth:  That  the  said  party  of  the  second  part,  for  and  in 

consideration  of  the  covenants,  articles  and  agreements  hereinafter 
first  part,  its  successors  and  assigns,  hereby  agrees  with  said  party 
of  the  first  part,  that  it,  the  said  second  party,  will  light  and  operate 
according  to  the  terms  and  specifications  and  for  the  number  of  nights 
and  hours  per  night  hereinafter  set  forth,  seven  thousand  (7,000)  street 
lamps,  more  or  less;  said  lamps  to  be  erected  and  operated  at  such 
places  in  the  city  of  Chicago  as  may  be  designated  by  the  party  of 
the  first  part. 

All  lamps  to  be  lighted  and  the  posts  to  be  furnished  by  said  party 
of  the  second  part  under  the  terms  of  this  agreement  shall  be  of  the 


§ 894] 


AMERICAN  DEVELOPMENT  COMPANY. 


1903 


same  general  design  and  quality  as  the  standard  lamps  with  cedar  posts 
now  exhibited  and  used  in  the  streets  of  the  city  of  Chicago. 

All  lamps  operated  under  this  agreement  to  be  fitted  and  equipped 
with  the  burners  used  and  owned  by  the  party  of  the  second  part. 

The  material  to  be  used  in  the  lighting  of  said  lamps  to  be  gasoline, 
and  all  lamps  operated  under  this  agreement  shall  be  lighted  every 
night  in  each  month  at  dusk,  and  kept  lighted  from  dusk  until 
dawn. 

All  lamps  operated  under  this  agreement  shall  be  supplied,  lighted, 
cleaned,  extinguished,  operated,  and  kept  in  repair  by  and  at  the  ex- 
pense of  the  party  of  the  second  part. 

All  lamps  to  be  cleaned  during  the  continuance  of  this  agreement 
to  the  acceptance  of  the  party  of  the  first  part. 

The  price  to  be  paid  by  the  party  of  the  first  part  to  the  party  of 
the  second  part  for  the  lighting  and  operation  of  the  said  seven  thou- 
sand (7,000)  street  lamps,  more  or  less,  shall  be  at  the  rate  of  eleven 
dollars  and  forty-eight  cents  ($11.48)  per  lamp  per  annum  for  every 
lamp  lighted  by  the  party  of  the  second  part  under  this  agreement. 

Payments  to  be  made  by  the  party  of  the  first  part  to  the  party  of 
the  second  part  monthly,  from1  and  after  the  going  into  effect  of  this 
agreement. 

All  claims  for  lamps  not  lighted  to  be  reported  by  the  party  of 
the  first  part  to  the  party  of  the  second  part  at  once,  stating  date, 
location,  hour  and  by  whom  reported,  otherwise  no  claims  for  lamps 
not  lighted  to  be  allowed. 

At  the  expiration  of  this  agreement  the  entire  plant  so  furnished 
and  operated  by  the  party  of  the  second  part,  under  this  agreement, 
shall  remain  the  property  of  said  second  party. 

This  agreement  to  take  effect  and  be  in  force  on  and  from  the 
1st  day  of  April,  A.  D.  1898,  and  to  continue  in  force  and  effect  for 
a period  of  one  year  from  and  after  such  date;  provided,  however,  that 
if  the  party  of  the  second  part  shall  desire  to  continue  this  contract 
in  force  and  effect  for  a further  period  of  one  year,  beginning  on  the 
1st  day  of  April,  1899,  upon  the  same  terms  and  conditions  as  pro- 
vided for  herein,  said  party  of  the  second  part  shall  have  the  privilege 
of  so  doing  upon  its  giving  at  least  thirty  (30)  days’  notice  in  writing 
before  the  1st  day  of  April,  1899,  to  the  party  of  the  first  part  of  its 
intention  and  desire  to  so  continue  this  agreement  in  force  and  effect 
for  another  year. 

In  witness  whereof,  the  parties  hereto  have  caused  their  respective 
seals  to  be  hereunto  affixed  and  attested  by  the  signatures  of  their 


1904 


ELECTRIC  LIGHT,  HEAT  AND  POWER.  [§  894 

duly  authorized  officers  or  agents  upon  this  the  22nd  day  of  Septem- 
ber, A.  D.  1897. 

(Signed)  CARTER  H.  HARRISON. 

Mayor. 

R.  A.  WALLER, 

City  Comptroller. 

AMERICAN  DEVELOPMENT  COMPANY. 

By  C.  A.  PETTINGILL, 

Secretary. 

ROBERT  SEEGER, 

Manager. 

And  whereas,  pursuant  to  the  said  contract  first  above  set  out,  the 
American  Development  Company  have  been  since  the  1st  day  of 
October,  A.  D.  1897,  and  now  are  fulfilling  the  same  in  all  respects 
satisfactorily,  and  are  ready  and  willing  to  fulfill  the  second  of  said 
contracts  in  the  time  and  manner  fixed  therein;  therefore, 

T 4.  Contracts  Confirmed.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  the  action  of  the  comp- 

troller in  advertising  for  bids  and  opening  the  same  and  awarding  the 
said  contracts  to  the  said  American  Development  Company  be  and 
the  same  is  hereby  in  all  things  ratified  and  confirmed. 

T 5.  Adopted  by  city.]  § 2.  That  the  action  of  the  said  mayor 
and  comptroller  in  executing  the  said  contracts  for  the  city  of  Chi- 
cago be  and  the  same  is  hereby  in  all  things  ratified,  approved  and 
confirmed,  and  the  said  contracts  are  in  all  respects  and  for  all  pur- 
poses hereby  declared  to  be  the  valid  contracts  of  the  city  of  Chi- 
cago. 

T 6.  Appropriations.]  § 3.  That  for  all  services  performed  by 
the  said  American  Development  Company  under  said  contracts  during 
the  fiscal  year  1898  ample  provision  will  be  made  in  the  annual  appro- 
priation ordinance  of  the  city  of  Chicago,  and  that  the  consideration 
provided  to  be  paid  under  said  contracts  for  work  hereafter  done  can 
only  be  paid  out  of  such  valid  and  legal  appropriations  as  may  be 
hereafter  made  by  the  city  council  of  the  city  of  Chicago,  the  said 
American  Development  Company  to  have  no  claim  against  the  city  of 
Chicago  in  any  event,  except  out  of  valid  and  legal  appropriations  to 
be  made  in  each  fiscal  year  during  the  life  of  such  contracts. 

IT  7.  When  in  force.]  § 4.  This  ordinance  to  be  in  force  from 
and  after  the  date  of  its  passage. 


050 


ptj]  COMMONWEALTH  ELECTRIC  COMPANY.  iyUe) 

COMMONWEALTH  ELECTRIC  COMPANY. 

§ 895.  Commonwealth  Electric  Company. 

^ 1.  Grant. 

«[  2.  Terms  and  conditions. 

Tf  3.  Outside  systems. 

Tf  4.  Permit— bond, 
f 5.  Restoration  of  streets. 

<jf  0.  Protection  from  wires. 

^ 7.  Indemnity. 

8.  Time  of  construction  limited. 

H 9.  Charge  to  consumer. 
i 10.  Compensation. 

i 11.  Other  companies’  conduits— City  may  use. 
f 12.  Term  of  grant. 

13.  Acceptance  and  bond. 

^ 14.  When  in  force. 

An  ordinance  granting  right  to  the  Commonwealth  Electric  Company. 

(Passed  June  28,  1897.) 

«[  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  Subject  to  the  terms  and  conditions  of  this  ordinance, 

there  is  hereby  granted  to  the  Commonwealth  Electric  Com- 
pany, a corporation  organized  and  existing  under  and  by  virtue  of  the 
laws  of  the  state  of  Illinois,  the  right  to  construct,  maintain  and 
operate  a plant  or  plants,  and  in  connection  therewith  to  construct, 
repair,  maintain,  operate  and  use  in,  through,  upon,  over  and  under  the 
streets,  avenues,  alleys,  sidewalks,  public  ways,  tunnels  and  upon  via- 
ducts and  under  the  Chicago  river  and  its  various  branches  within  the 
city  of  Chicago,  a line  or  lines  of  wire  or  other  electrical  conductors  to 
be  used  for  the  production,  transmission  and  distribution  of  electricity 
for  the  purpose  of  furnishing  light,  heat  and  power,  and  the  trans- 
mission of  sound  and  signals  or  any  or  either  of  them. 

•f  2.  Terms  and  Conditions.]  § 2.  All  such  lines  of  wire  or 
other  electrical  conductors,  except  those  passing  through  the  tunnels 
or  upon  viaducts  within  the  following  boundaries,  namely:  Com- 

mencing at  the  intersection  of  the  lake  and  North  avenue,  thence  west 
on  North  avenue  to  Wells  street,  south  on  Wells  street  to  Lake  street, 
west  on  Lake  street  to  Ashland  avenue,  south  on  Ashland  avenue  to 
Sixteenth  street,  east  on  Sixteenth  street  to  Butterfield  street,  south  on 
Butterfield  street  to  Fifty-fifth  street,  east  on  Fifty-fifth  street  to  the 
lake,  shall  be  placed  in  underground  conduits.  Said  company  shall 
at  all  times  place  and  keep  on  file  with  the  commissioner  of  public 
works  plans  showing  the  location  of  each  conduit  laid  and  number  of 
ducts  and  wires  in  each  conduit,  and  upon  laying  any  new  conduit, 
said  company  shall  file  with  the  commissioner  of  public  works  a plan 
showing  where  each  conduit  is  laid,  the  location  of  man-holes  or  other 
openings  to  gain  access  to  said  conduit,  and  each  cover  for  such  open- 
ing shall  have  placed  thereon  the  name  of  said  company. 

3.  Outside  System.]  § 3.  The  said  company  may,  outside 


1906 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  895 


of  the  district  above  described  in  section  2,  erect  a system  of  poles 
and  wires  thereon  in  any  of  the  streets  and  alleys  in  Chicago,  and 
over  buildings,  with  the  consent  of  the  owners  thereof,  and  in  going 
from  one  building  to  another,  if  necessary,  said  company  may  cros3 
streets,  alleys,  sidewalks,  and  city  property,  but  before  any  such  poles 
shall  be  so  placed,  the  plans  thereof  shall  be  filed  with  the  commis- 
sioner of  public  works,  provided  that  the  city  of  Chicago  shall  have 
the  right  to  the  top  cross  arm  of  each  of  said  poles  free  from  charge 
for  the  use  of  the  city  telegraph  and  telephone  wires.  All  poles  to  be 
erected  under  the  provisions  of  this  ordinance  shall  be  cedar  poles  not 
less  than  thirty  (30)  feet  high,  and  symmetrical  in  form,  unless  the 
commissioner  of  public  works  shall  approve  of  poles  of  a different 
height  or  form  upon  application  being  made  to  him  for  said  purpose. 
Where  the  above  mentioned  wires,  electrical  conductors  and  cables 
are  to  be  placed  under  ground,  the  said  company  shall,  for  the  pur- 
pose of  reaching  and  connecting  with  their  subscribers,  patrons,  con- 
sumers and  branch  offices,  have  the  privilege  of  bringing  the  said 
wires,  conductors  and  cables  to  the  surface  within  every  four  blocks 
and  attaching  them  to  houses  and  carrying  them  over  the  roofs  should 
they  desire  so  to  do,  provided  the  consent  is  first  obtained  from  the 
owner  to  whose  property  they  propose  to  attach  said  wires,  conductors 
and  cables,  and  said  wires  shall  be  kept  at  least  twelve  (12)  feet  above 
the  surface  of  the  roofs,  except  in  such  building  as  the  wires  are  to 
enter,  and  the  said  company  may  in  so  doing  cross  streets,  alleys, 
sidewalks  and  city  property  with  wires  grouped  in  cables.  Where  the 
consent  of  an  owner  referred  to  in  this  section  is  refused,  the  com- 
missioner of  public  works  is  directed  to  allow  the  said  Commonwealth 
Electric  Company  to  erect  in  alleys  poles  upon  which  the  said  com- 
pany may  place  its  wires  for  the  purpose  of  distribution. 

1"  4.  Permits — bonds,  etc.]  § 4.  Said  company  shall  not  con- 
struct any  conduits  or  erect  any  poles  or  string  any  wires,  or  do  any 
work  in  any  of  said  public  streets  or  alleys  or  public  places,  or  in 
any  way  disturb  the  surface  thereof,  until  it  shall  have  filed  with  the 
commissioner  of  public  works  a plan  showing  the  location  of  said  con- 
duits and  the  intended  work,  or  in  case  it  intends  to  erect  poles  and 
string  wires  thereon,  showing  the  location  of  said  poles,  and  until  it 
shall  have  procured  a permit  from  the  department  of  public  works  of 
said  city  for  said  work,  and  whenever  said  company  shall  make  appli- 
cation in  writing  to  such  department  for  such  permit  or  permits,  and 
shall  have  complied  with  the  terms  and  conditions  of  this  section  of 
this  ordinance,  it  shall  be  the  duty  of  such  department  to  forthwith 
issue  such  permit  or  permits. 

When  the  said  company  shall  first  apply  to  the  department  of  public 
works  of  said  city  of  Chicago  for  a permit  as  herein  provided,  the 
said  company  shall  deposit  with  said  department  the  sum  of  ten 
thousand  ($10,000)  dollars  as  a guaranty  that  said  company  shall  re- 
store the  streets,  pavements,  sidewalks,  grounds,  water  pipes,  sewer 


§ 895] 


COMMONWEALTH  ELECTRIC  COMPANY. 


1907 


or  gas  pipes,  to  a condition  equally  as  good  as  before,  and  if  said 
company  shall  fail  or  refuse  to  so  restore  such  streets,  pavements,  side- 
walks, grounds,  water  pipes,  sewer  or  gas  pipes  to  a condition  equally 
as  good  as  before,  within  a reasonable  time  after  notice  served  upon 
said  company  so  to  do,  then  said  deposit,  or  so  much  thereof  as  may 
be  necessary,  may  be  used  by  said  department  for  such  purposes,  the 
balance  of  such  deposit,  if  any  there  be,  shall  be  restored  to  said  com- 
pany, or  in  case  said  company  shall  so  restore  such  streets,  pavements, 
side  walks,  grounds,  water  pipes,  sewer  or  gas  pipes  to  a condition 
equally  as  good  as  before,  then  such  deposit  shall  be  returned  to  said 
company. 

1 5.  Restoration  of  Streets.]  § 5.  Said  company  shall  do  no 
permanent  injury  to  any  street,  sidewalk,  or  alley  or  in  any  manner 
unnecessarily  interfere  with  any  water  pipe,  sewer  or  gas  pipe,  tele- 
graph or  electric  wires,  cables  or  pipes  which  are  now  or  may  here- 
after be  laid  by  the  city  of  Chicago  or  any  authorized  company  or 
corporation,  and  whenever  said  company  shall  open  any  street,  alley 
or  public  way,  or  interfere  with  any  sewer  or  gas  pipe,  cable  wire  or 
conduit  therein,  the  said  street,  alley  or  public  way  shall  be  restored 
forthwith  to  as  good  condition  as  before  said  opening  or  encumbrance. 
The  said  restoration  to  be  made  at  the  expense  of  said  company.  In 
case  said  company  shall  fail  to  make  such  restoration  in  accordance 
with  these  conditions,  the  same  may  be  done  by  said  city,  and  said  com- 
pany shall  be  liable  to  said  city  for  the  costs  thereof.  Said  company 
shall  not  open  or  encumber  more  of  any  street,  avenue,  alley  or  pub' 
lie  place  at  any  one  time  than  may  be  necessary  to  enable  it  to  pro- 
ceed with  advantage  in  the  laying  of  any  conduit  within  the  territory 
described  in  section  2,  hereof,  nor  shall  said  company  permit  any  such 
street,  avenue,  alley  or  public  place  to  remain  open  or  encumbered  for 
a longer  period  than  shall  be  necessary  to  execute  the  work  for  which' 
the  same  shall  have  been  opened,  or  without  putting  up  the  necessary 
barrier  and  lights,  so  as  to  effectually  prevent  the  happening  of  any 
accident  in  consequence  of  such  opening  or  encumbering  of  such 
street,  alley,  avenue  or  public  place. 

In  the  district  bounded  by  Twelfth  street  on  the  south,  the  Chi- 
cago river  on  the  west  and  north  and  Lake  Michigan  on  the  east  no 
excavation  of  the  street  shall  be  made  except  between  the  hours  of 
9 p.  m.  and  6 a.  m.,  and  then  only  upon  condition  that  the  street  shall 
be  restored  to  a passable  condition  for  traffic  purposes  during  the 
hours  from  6 a.  m.  to  9 p.  m. 

1 6.  Protection  from  wires.]  § 6.  All  conductors  and  wires 
owned  and  operated  by  the  said  company  under  the  provisions  of  this 
ordinance  shall  be  properly  insulated  and  all  overhead  conductors  used 
by  said  company  shall  be  protected  by  guard  wires  or  other  suitable 
mechanical  device  or  devices. 

IF  7.  Indemnity.]  § 7.  The  said  Commonwealth  Electric 
Company  shall  be  liable  to  and  shall  compensate  the  city  of  Chicago 


1908 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  895 


and  pay  any  private  individual  owner  or  owners  or  parties  interested 
in  any  property  adjacent  to  any  street,  avenue  or  alley  opened,  or 
injured  by  it,  for  all  damages  which  may  result  by  reason  of  said  com- 
pany having  negligently  opened,  encumbered,  protected  or  guarded 
any  such  street,  avenue  or  alley  in  said  oity  or  from  or  by  reason  of 
any  negligence  or  failure  on  the  part  of  said  company  in  the  exercise 
of  any  of  the  privileges  granted  by  this  ordinance. 

1 8.  Time  of  construction,  limited.]  § 8.  Said  company  shall 
within  three  years  from  the  passage  of  this  ordinance  erect,  construct, 
and  have  ready  for  operation  a plant  or  plants,  and  in  connection  there- 
with, have  constructed  underground  conduits  or  erected  poles  and 
strung  wires  thereon,  or  both,  the  actual  bona  fide  cost  of  all  of  which 
shall  be  one  hundred  thousand  ($100,000)  dollars. 

T 9.  Charge  to  Consumer.]  § 9.  The  said  company  shall  not 
charge  any  private  consumer  a sum  exceeding  one  cent  per  hour  for 
each  sixteen  candle  power  light.  Said  company  shall  not  charge  more 
than  $10.50  per  month  for  each  arc  light  sixteen  hundred  (1,600)  candle 
power,  when  such  arc  light  is  operated  the  entire  night  and  the  maxi- 
mum charge  for  each  such  arc  light  when  the  same  is  operated  until 
12:30  o’clock  a.  m.  shall  not  exceed  $7.50  per  month.  Said  company 
shall  not  charge  any  private  consumer  more  than  forty  cents  per  horse 
power  per  day  for  all  power  furnished  by  it  and  the  charge  for  the  use 
of  said  wires  for  any  other  purpose  shall  be  a reasonable  one. 

Tf  10.  Compensation.]  § 10.  The  rights  and  privileges  hereby 
granted  are  upon  the  express  condition  that  the  Commonwealth  Elec- 
tric Company  shall  after  the  expiration  of  five  years  from'  the  date 
upon  which  it  shall  commence  to  operate  its  said  plant  or  plants  pay 
annually  to  said  city  of  Chicago  for  and  in  consideration  of  the  rights 
and  privileges  hereby  granted  an  amount  equal  to  three  per  centum  of 
the  gross  revenue  and  receipts  of  said  company  from  the  operation  of 
its  said  plant  or  plants.  Such  payment  shall  be  made  in  the  manner 
following:  At  the  expiration  of  six  years  from  the  date  upon  Which 

it  shall  commence  to  operate  its  said  plant  or  plants  the  president  or 
other  chief  officer  of  said  company  shall  file  with  the  comptroller  of 
said  city  of  Chicago  a statement  under  oath  showing  the  amount  of 
gross  annual  revenue  or  receipts  of  said  company  for  the  preceding 
year,  and  shall  at  the  same  time  pay  to  said  comptroller  the  said 
amount  of  three  per  centum  of  the  annual  gross  revenue  or  receipts 
from  the  operation  of  its  said  plant  or  plants  for  said  year.  Said  re- 
spective payments  to  be  made  as  herein  described  annually  thereafter. 
Such  statement,  however,  shall  not  be  final  or  binding  upon  the  city 
and  the  comptroller  of  the  city  of  Chicago  or  his  authorized  agent 
shall  at  all  times  upon  such  statement  being  made  as  herein  contem- 
plated have  the  right  to  examine  the  books  of  said  company,  showing 
said  gross  receipts  for  the  purpose  of  verifying  the  same. 

1 11.  Other  companies’  conduits;  city  may  use.]  § n. 

Said  company  may  place  its  wires  and  conductors  within  conduits  be- 


895] 


COMMONWEALTH  ELECTRIC  COMPANY. 


1909 


longing  to  any  other  corporation  and  whom  it  may  arrange  for  that 
purpose,  now  located  or  which  hereafter  may  be  located  within  such 
streets  or  alleys  within  the  territory  above  mentioned  and  may  like- 
wise string  its  wires  upon  the  poles  of  any  corporation  now  or  here- 
after having  poles  in  said  city,  within  the  territory  which  it  is  provided 
by  this  ordinance  that  said  company  may  erect  poles,  and  it  is  ex- 
pressly understood  that  said  city  of  Chicago  shall  have  the  right  to 
place  wires  owned  or  used  by  it  for  telegraph  and  telephone  service  in 
any  one  of  the  conduits  of  the  said  company  without  any  further  con- 
sideration than  the  passage  of  this  ordinance. 

T 12.  Term  of  grant.]  § 12.  The  rights  and  privileges  here- 
by granted  by  this  ordinance  are  granted  for  the  term  of  fifty  (50) 
years  from  and  after  the  acceptance  of  this  ordinance  and  said  rights 
and  privileges  are  hereby  granted  on  the  express  condition  that  at  the 
end  of  said  term  of  fifty  (50)  years  from  and  after  the  acceptance  of 
this  ordinance,  the  city  of  Chicago,  shall  have  the  right  to  purchase 
the  entire  plant  or  plants  of  said  company  and  all  its  property  and 
effects  of  every  kind  and  nature  within  said  city  of  Chicago  at  an  ap- 
praised value  which  shall  be  ascertained  and  determined  by  three  com- 
petent and  disinterested  appraisers  who  shall  have  full  access  to-  all 
books,  papers  and  other  documents  bearing  on  or  appertaining  to  the 
subject  and  such  appraisers  shall  be  selected  in  the  following  man- 
ner; to  wit:  One  of  said  appraisers  shall  be  appointed  by  the  said 

city  of  Chicago,  one  by  said  company  and  the  two  so  selected  shall 
choose  a third,  and  if  said  two  appraisers  cannot  agree  upon  a third 
then  such  third  appraiser  shall  be  selected  by  a majority  of  the  mem- 
bers of  the  Circuit  Court  of  Cook  county,  Illinois,  and  the  said  three 
appraisers  so  chosen  shall  within  six  months  after  the  appointment  of 
the  last  appraiser  make  report  in  writing  of  the  value  of  said  property 
to  the  said  city  of  Chicago  and  to  said  company,  and  the  said  city  of 
Chicago  shall  have  the  option  at  any  time  within  six  months  after  the 
receipt  of  said  report  to  purchase  said  plant  or  plants  and  property 
together  with  all  its  appurtenances  and  equipment  at  the  aforesaid 
value  so  fixed  by  said  appraisers;  Provided,  however,  that  if  said  city 
shall  so  elect  to  so  purchase  said  plant  or  plants  and  property  then  said 
company  shall  have  the  right  to  operate  said  plant  or  plants  and  prop- 
erty and  receive  the  profit  therefrom  during  the  time  such  arbitration 
is  in  progress  and  until  the  same  shall  be  completed  and  the  purchase 
price  as  fixed  by  the  arbitration  has  been  paid. 

IT  13.  Acceptance  and  Bond.]  § 13.  This  ordinance  shall  not 
be  in  force  as  to  said  Commonwealth  Electric  Company  until  it  shall 
have  been  accepted  by  said  company,  such  acceptance  to  be  made  and 
notice  thereof  in  writing  filed  with  the  city  clerk  within  ninety  (90) 
days  from  the  passage  of  the  same  nor  until  said  company  shall  have 
given  and  filed  in  the  city  clerk’s  office  a good  and  sufficient  bond,  with 
sureties  to  be  approved  by  the  mayor  of  the  city  of  Chicago  in  the 
penal  sum  of  fifty  thousand  dollars  ($50,000) ; Providing,  that  said  com- 


1910 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  896 


pany  will  well  and  truly  pay  or  cause  to  be  paid  any  and  all  damages 
that  may  accrue  by  delay  in  repairing,  removing  or  laying  its  wires  and 
conduits  and  erecting  said  poles  and  stringing  wires  upon  the  same, 
and  shall  indemnify  and  save  harmless  the  said  city  of  Chicago  from 
any  and  all  costs  and  expenses  of  every  kind  whatsoever  which  may 
be  recovered  against  said  city  in  consequence  of  the  neglect  of  said 
company  or  its  authorized  agents  or  servants  and  will  save  and  keep 
harmless  the  said  city  of  Chicago  from  any  and  all  damages,  loss  or 
expenses  caused  by  or  incident  to  the  erection  of  said  poles,  the  laying 
of  said  conduits  and  operation  of  said  wires  and  maintenance  thereof. 

T 14.  When  in  force.]  § 14.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage. 


CONSUMERS’  ELECTRIC  LIGHT  COMPANY. 

§ 896.  Consumers’  Electric  Light  Company. 

If  1.  Extension  of  time— agreement. 

If  2.  When  in  force. 

An  ordinance  to  continue  the  permission  granted  to  the  Consumers’  Electric 

Eight  Company.  (Passed  March  7,  1898.) 

IT  1.  Extension  of  time — agreement.]  Be  it  ordained  by  the 
city  council  of  the  city  of  Chicago  : § 1.  That  the  permission  and 

authority  given  and  granted  unto  the  Consumers’  Electric  Light  Com- 
pany, by  a certain  ordinance,  passed  December  12th,  1887,  to  construct 
and  maintain  a line  of  wires  in  Blue  Island  avenue,  between  West 
Twelfth  and  Henry  streets,  be  and  the  same  are  hereby  extended  and 
continued  to  July  2d,  1908,  subject  to  all  the  provisions  and  conditions 
contained  in  the  two  ordinances  heretofore  granted  said  company  ; this 
ordinance  is  passed  upon  the  express  agreement  and  understanding 
that  the  Consumers’  Electric  Light  Company,  before  availing  itself  of 
any  of  the  rights  or  privileges  granted  by  this  ordinance,  shall  file  with 
the  city  clerk  its  acceptance  of  all  the  terms  of  this  ordinance,  as  well 
as  of  its  two  previous  ordinances,  and  shall  file  with  the  comptroller  of 
the  city  on  the  first  day  of  January  and  July  of  each  year,  a statement 
of  the  gross  receipts  of  all  of  the  business  of  said  company,  within  the 
city  of  Chicago,  for  the  six  months  next  preceding  such  statement, 
which  statement  shall  be  sworn  to  by  the  president  or  secretary  of  such 
company,  and  at  the  time  of  filing  said  statement  the  said  company 
shall  pay  into  the  city  treasury  five  (5)  per  cent  of  the  amount  of  the 
gross  receipts.  Said  semi-annual  payments  shall  continue  during  the 
exercise  of  the  rights  and  privileges  granted  in  the  ordinance. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 


»97] 


HERMAN  GROSSMAN  & COMPANY. 


1911 


from  and  after  its  passage  and  acceptance  by  said  company,  providing 
said  acceptance  is  filed  with  the  city  clerk  within  thirty  days  after  the 
passage  hereof. 


HERMAN  GROSSMAN  & COMPANY. 

§ 897.  Herman  Grossman  & Company. 

H 1.  Grant— route. 

2.  Disturbance  of  conduits,  water  or  gas  pipes,  etc. 
t 3.  Restoration  of  streets. 
i 4.  Permits,  etc. 
if  5.  Term  of  grant. 

If  6.  When  in  force. 

An  ordinance  authorizing  Grossman  and  Company  to  lay  underground  wires 

in  certain  streets.  (Passed  June  1,  1897.) 

i”  1.  Grant — route.]  Be  it  ordained  by  the  city  council  of  the 

city  of  Chicago : § 1.  That  in  consideration  of  the  acceptance  of  the 

terms  and  conditions  of  this  ordinance,  permission  and  authority  are 
hereby  given  to  the  firm  of  Herman  Grossman  & Co.  to  lay  wires  for 
the  purpose  of  furnishing  electric  light  across  the  following  streets,  at 
the  points  designated,  to  wit:  Starting  in  the  alley  between  State 

street  and  Wabash  avenue,  at  a point  about  one  hundred  and  fifty  (150) 
feet  south  of  Adams  street,  in  rear  of  building  known  as  No.  213  State 
street,  the  wires  to  be  laid  north  through  said  alley  across  Adams  street 
to  a point  about  two  hundred  and  fifty  (250)  feet  north  of  Adams  street. 
Said  wires  shall  be  laid  underground  and  as  nearly  as  practicable  at 
right  angles  with  the  streets  and  alleys  intersected. 

1 2.  Disturbance  of  Conduits,  water  or  gas  pipes,  etc.]  § 2. 
The  said  Herman  Grossman  & Co.  shall  not  disturb  or  injure 
any  conduit,  water  or  gas  pipe,  sewer,  or  any  other  underground 
structure  in  said  street  and  alleys,  and  shall  not  disturb  the  surface  of 
any  street  or  alley  until  they  shall  first  deposit  with  the  commissioner 
of  public  works  the  sum  of  fifty  dollars  ($50.00)  for  each  crossing  as 
security  that  they  will  repair  the  pavement  or  surface  of  such  street  so 
that  the  same  shall  be  in  as  good  condition  as  before  such  openings 
were  made. 

T 3.  Restoration  of  Streets.]  § 3.  It  shall  be  and  is  hereby 
made  the  duty  of  said  Herman  Grossman  & Co.,  whenever  they  shall 
have  disturbed  the  surface  of  any  alley  or  street,  for  the  purpose  of  lay- 
ing such  wires,  to  at  once  restore  said  alley  or  street  to  as  good  condi- 
tion as  it  was  before  being  disturbed;  and  all  pavements,  sidewalks, 
or  other  structures  shall  be  so  restored  and  repaired  by  them  in  such 
manner  as  to  suffer  no  injury. 


1912 


ELECTRIC  LIGHT,  HEAT  AND  POWER. 


[§  898 


IF  4.  Permits,  etc.]  § 4.  Before  disturbing  any  street  or  alley, 
said  Herman  Grossman  & Co.  shall  obtain  a permit  therefor  from  the 
commissioner  of  public  works,  and  all  work  done  by  said  parties,  un- 
der the  permission  and  authority  of  this  ordinance,  shall  be  under  the 
supervision  of  and  satisfactory  to  the  commissioner  of  public  works. 

IF  5.  Term  of  grant.  ] § 5.  The  rights  and  privileges  hereby 

granted  shall  expire  at  the  end  of  twenty  (20)  years  from  and  after  the 
passage  of  this  ordinance;  Provided,  that  the  right  to  discontinue  the 
wires  hereby  authorized,  and  to  remove,  or  cause  to  be  removed,  the 
same,  is  hereby  reserved  to  the  city,  and  such  right  may  be  exercised 
by  the  commissioner  of  public  works  on  behalf  of  the  city  whenever 
deemed  desirable  by  him,  after  notice  to  said  Herman  Grossman  & 
Co. 

IF  6.  When  in  force.  ] § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  acceptance  by  said  Herman  Grossman 
& Co. 


SPARR  & WEISS. 

§ 898.  Sparr  & Weiss. 

If  1.  Grant. 

If  2.  Conditions. 

If  3.  Dimit. 

If  4.  Acceptance. 

If  5.  When  in  force. 

An  ordinance  granting  to  Sparr  & Weiss  permission  to  lay  underground  wires 
on  certain  streets. 

IF  1.  Grant.  ] Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  Whereas,  by  an  ordinance  duly  enacted  on 

June  18,  1894,  permission  and  authority  was  given  to  the  firm  of  Sparr 
& Weiss  to  lay  underground  wires,  properly  insulated,  and  to  be  car- 
ried in  conduits  not  exceeding  one  foot  in  diameter,,  for  the  purpose 
of  furnishing  electric  light  across  North  Halsted  street,  adjacent  to  the 
northerly  line  of  Milwaukee  avenue,  and  across  sundry  other  streets 
and  alleys  mentioned  in  said  ordinance,  which  said  ordinance 
has  been  heretofore  duly  accepted  by  the  said  Sparr 
& Weiss,  who  have  complied  with  all  of  its  terms  and  conditions,  in- 
cluding the  filing  of  a bond,  as  thereby  required:  and  where- 
as, the*  said  Sparr  & Weiss,  in  order  to  avail  themselves  of 
the  privilege  of  said  ordinance,  and  to  furnish  electric  lights 
as  contemplated  thereby,  desire  that  permission  and  authority  be  given 
to  them  to  lay  underground  wires  around  the  block  bounded  by  Mil- 


g 898] 


SPARR  & WEISS. 


1913 


waukee  avenue,  West  Ohio  street  and  North  Halsted  street,  and 
across  West  Ohio  street  at  a point  adjacent  to  the  easterly  line  of 
North  Green  street ; now,  therefore,  in  consideration  of  the  accept- 
ance of  the  terms  and  conditions  of  this  ordinance,  permission  and 
authority  are  hereby  given  the  firm  of  Sparr  & Weiss  to  lay 
underground  wires,  properly  insulated,  and  to  be  carried  in  con- 
duits not  exceeding  one  foot  in  diameter,  for  the  purpose  of  fur- 
nishing electric  lights  around  the  block  bounded  by  . Milwaukee 
avenue,  West  Ohio  street,  and  North  Halsted  street,  and  across 
West  Ohio  street  at  a point  adjacent  to  the  easterly  line  of  North 
Green  street. 

Tf  2.  Conduits.]  § 2.  The  permission  and  authority  hereby 
granted  to  the  said  Sparr  & Weiss  shall  be  exercised  by  them,  sub- 
ject to  all  the  terms,  conditions,  restrictions  and  penalties  imposed 
by  said  ordinance  of  June  18,  1894,  and  before  disturbing  any  street 
or  alley,  the  said  Sparr  & Weiss  shall  obtain  the  permission  there- 
fore from  the  commissioner  of  public  works,  and  all  work  done  by 
such  parties  under  the  permission  and  authority  of  this  ordinance 
shall  be  done  under  the  supervision  of,  and  satisfactory  to,  the  com- 
missioner of  public  works. 

*!"  3.  Limit.]  § 3.  The  rights  and  privileges  hereby  granted 
shall  expire  at  the  same  time  as  the  expiration  of  the  rights  and 
privileges  granted  to  said  firm  of  Sparr  & Weiss  by  said  ordinance 
of  June  18,  1894,  and  shall  not  be  sold  or  assigned  by  said  Sparr 
& Weiss  except  under  the  conditions  set  forth  in  said  ordinance 
of  June  18,  1894. 

4.  Acceptance.]  § 4.  Said  Sparr  & Weiss  shall  be  entitled 
to  no  rights  or  privileges  under  this  ordinance  until  they  shall  file 
with  the  city  clerk  an  acceptance  thereof,  in  writing,  and  a stipula- 
tion that  the  provisions  of  the  bonds  heretofore  filed  by  said  firm 
shall  extend  and  be  applicable  to  the  rights  and  privileges  hereby 
conferred  upon  said  Sparr  & Weiss. 

T 5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  filing  of  said  acceptance 
and  stipulation,  as  herein  provided  for,  within  sixty  days. 


CHAPTER  XXI.— PARKS,  BOULEVARDS  AND  DRIVE- 
WAYS. 

Bickerdike  Square. 

Ingleliart’s  Subdivision  Lot  One. 

Inglehart’s  Subdivision  Lot  One. 

Homan  Avenue. 

Shedd’s  Park. 

South  Halsted  Street. 

South  Park  Avenue. 

West  Madison  and  WesQLake  Streets. 


BICKERDIKE  SQUARE. 

§ 899.  Bickerdike  square. 

*1]'  1.  Grant. 

a\  2.  Alter,  use. 

*||  3.  Conditions. 

4.  When  in  force. 

An  ordinance  granting  consent  to  the  West  Chicago  Park  Commissioners  to 
take,  regulate  and  control' Bickerdike  square.  (Passed  Feb.  7,  1898.) 

1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  in  accordance  with  the  petition  of  a major- 

ity of  the  owners  of  property  abutting  on  Bickerdike  square,  con- 
sent and  authority  be  and  the  same  is  hereby  granted  to  the  West 
Chicago  Park  Commissioners  to  take,  regulate,  control  and  govern, 
in  the  same  manner  as  they  may  control  and  govern  other  parks 
under  the  control  of  said  commissioners,  all  that  public  park  known 
as  Bickerdike  square,  and  to  that  end  the  management  and  control 
of  said  Bickerdike  square  is  hereby  surrendered  to  the  West  Chi- 
cago Park  Commissioners. 

Provided,  however,  that  the  management  and  control  of  said 
Bickerdike  square  is  so  surrendered  to  the  West  Chicago  Park 
Commissioners  upon  the  express  condition  that  said  .commissioners 
shall  take  charge  of,  maintain,  improve  and  keep  in  good  condition 
and  repair  said  Bickerdike  square  at  their  own  expense,  and  en- 
tirely without  cost,  charge  or  expense  of  any  kind  to  the  city  of  Chi- 
cago, and  that  in  the  event  of  a failure  or  neglect  on  the  part  of 
said  commissioners  to  so  maintain,  improve  and  keep  said  park  in 
good  condition  and  repair,  said  Bickerdike  square  shall  revert  back 
to  the  city  of  Chicago. 

•[  2.  Alter,  use.]  § 2.  Nothing  herein  contained  shall  author- 
ize said  West  Chicago  Park  Commissioners,  or  any  other  person,  to 
alter,  change  or  use  said  Bickerdike  square  for  any  other  or  differ- 
ent purpose  than  that  for  which  said  Bickerdike  square  was 
dedicated. 


§ s99* 
£ 900. 
§ 9°i- 
§ 9°2- 
§ 9°3* 
g 904. 
£ 905. 
§ 906. 


1914 


§ 9°°] 


inglehart’s  subdivision  lot  one. 


1915 


3.  Conditions.  ] § 3.  Unless  the  said  West  Chicago  Park 

Commissioners  shall,  within  ninety  days  from  the  passage  of  this  ordi- 
nance, accept  the  same  and  take  charge  and  control  of  Bickerdike 
square,  as  herein  authorized,  this  ordinance  shall  cease  to  be  of  any 
force  and  effect,  and  the  consent  and  authority  herein  given  to  so  take 
control  shall  be  deemed  withdrawn. 

I"  4.  When  in  force.  ] § 4.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


INGLEHART’S  SUBDIVISION  LOT  ONE. 

§ 900.  Inglehart’s  subdivision  lot  one. 

H 1.  Description, 
i 2.  Grant. 
i 3.  When  in  force. 

An  ordinance  authorizing  the  Lincoln  Park  commissioners  to  take  and  control 

Lot  1,  Inglehart’s  Subdivision.  Section  17,  40,  14.  (Passed  May  24,  1807 ; 

and  again  passed  June  28,  1897.) 

Tf  1.  Description.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  The  board  of  Lincoln  Park  Commissioners  are 

desirous  of  taking  charge  of  and  improving,  at  their  own  charge  and 
expense,  and  without  cost  or  expense  to  the  city  of  Chicago,  lot  one 
(1),  Inglehart’s  subdivision  of  the  west  half  of  the  southeast  quarter  of 
section  seventeen  (17),  township  forty  (40)  north,  range  fourteen  (14) 
east  of  the  third  principal  meridian;  said  above  described  lot  having 
been  deeded  to  the  town  of  Lake  View  on  April  23rd,  1877,  by  Junius 
Simons  and  George  W.  Post  and  wife;  and  said  lot  being  a small,  tri- 
angular parcel  of  land  situated  at  the  intersection  of  Evanston  avenue, 
Montrose  avenue  and  Sheridan  road. 

IT  2.  Grant.]  § 2.  Therefore  the  city  of  Chicago,  as  the  suc- 
cessor of  the  city  of  Lake  View,  and  for  the  purpose  aforesaid,  hereby 
grants  authority  to  the  said  board  of  Lincoln  Park  Commissioners  to 
take  charge  of,  improve  and  maintain  said  above  described  parcel  of 
land,  under  such  plans  and  in  such  manner  as  shall  be  approved  by 
them,  and  to  that  end  the  management  and  control  of  the  said  parcel 
of  land  is  hereby  surrendered  to  said  board  of  Lincoln  Park  Commis- 
sioners; Provided,  however,  that  the  said  parcel  of  land  above  described 
shall  be  used  for  no  other  than  park  purposes;  and  provided,  further 
however,  the  said  board  of  Lincoln  Park  Commissioners  shall  im- 
prove, maintain  and  keep  in  repair  said  parcel  of  land;  otherwise  the 
control  thereof  shall  revert  back  to  the  city  of  Chicago. 

IT  3.  When  in  force.]  § 3.  Unless  the  said  board  of  Lincoln 


1916 


PARKS  , BOULEVARDS  AND  DRIVEWAYS. 


Park  Commissioners  shall,  within  thirty  days  after  the  passage  of  this 
ordinance,  by  vote  of  said  board,  select  and  take  the  said  parcel  of 
land  for  the  purposes  aforesaid,  this  ordinance  shall  cease  to  be  of  any 
force  or  effect,  and  the  consent  hereby  given  shall  be  deemed  to  be 
withdrawn. 

§ 901.  Inglehart’s  subdivision  lot  one. 

If  1.  Police  supervision, 
if  2.  Grant. 

If  3.  When  in  force. 

An  ordinance  authorizing  the  Lincoln  Park  Commissioners  to  exercise  police 

supervision  and  control  over  Lot  1,  Inglehart’s  Subdivision,  Section  17, 

40,  14. 

1.  Police  Supervision.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  The  residents  and  property  owners  in  the 

vicinity  being  desirous  that  the  Commissioners  of  Lincoln  Park  should 
exercise  police  supervision  and  control  over  the  following  described 
real  estate,  to  wit: 

Lot  one  (1)  in  Inglehart’s  subdivision  of  the  west  half  of  the  south- 
east quarter  of  section  seventeen  (17),  township  forty  (40)  north,  range 
fourteen  (14)  east  of  the  third  principal  meridian,  said  lot  having  been 
deeded  to  the  town  of  Lake  View  on  April  23d,  1877,  by  Junius 
Simons  and  George  W.  Post  and  wife,  and  being  a small  triangular 
parcel  of  land  situated  at  the  intersection  of  Evanston  avenue,  Mont- 
rose avenue  and  Sheridan  road. 

1"  2.  Grant.]  § 2.  Therefore,  the  city  of  Chicago,  as  the  suc- 
cessor of  the  city  of  Lake  View,  and  for  the  purpose  aforesaid,  hereby 
grants  authority  to  said  Commissioners  of  Lincoln  Park  to  take  sole 
and  exclusive  police  supervision  and  control  over  each  and  every  part 
and  portion  of  said  lot,  and  maintain  such  supervision  and  control  from 
the  date  of  the  approval  hereof,  such  police  control  and  supervision  to 
be  at  the  sole  cost  and  charges  of  the  said  Commissioners  of  Lincoln 
Park. 

IT  3.  When  in  force.]  § 3.  Unless  the  said  board  of  Lincoln 
Park  Commissioners  shall  within  thirty  days  after  the  passage  of  this 
ordinance,  by  resolution  of  said  board,  assume  such  police  supervision 
and  control,  this  ordinance  shall  cease  to  be  of  any  force  or  effect,  and 
the  consent  hereby  given  shall  be  deemed  to  be  withdrawn. 


§ 9°2] 


HOMAN  AVENUE. 


1917 


HOMAN  AVENUE. 

§ 902.  Homan  avenue. 

f 1.  Consent  given. 

]f  2.  Conditions. 
ji  3.  Rights  reserved, 
i 4.  Limitations. 

5.  When  in  force. 

An  ordinance  granting  the  Board  of  West  Chicago  Park  Commissioners  to 
take,  regulate,  control  and  improve  Homan  avenue,  from  the  south  line 
of  Lake  street  to  the  north  line  of  Madison  street.  (Passed  Feb.  7,  1898.) 

T 1.  Consent  given.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  Whereas  the  board  of  West  Chicago  Park 

Commissioners  are  about  selecting  and  taking,  for  the  uses  and  pur- 
poses mentioned,  in  an  act  of  the  general  assembly  of  the  state  of  Illi- 
nois, entitled  “An  act  to  enable  park  commissioners  or  park  authori- 
ties to  take,  regulate,  control  and  improve  public  streets,  and  to  pay 
for  the  improvement  thereof,”  approved  June  21st,  1895,  in  force  July 
1st,  1895,  all  that  portion  or  part  of  Homan  avenue,  from  the  south 
line  of  Lake  street  to  the  north  line  of  Madison  street,  in  the  town  of 
West  Chicago,  city  of  Chicago,  state  of  Illinois,  and  the  consent  of  the 
owners  of  a majority  of  the  frontage  of  the  lots  and  lands  abutting  on 
said  Homan  avenue,  so  far  as  taken  or  proposed  to  be  taken,  having 
been  obtained,  therefore,  consent  is  hereby  given  and  granted  to  the 
said  board  of  West  Chicago  Park  Commissioners,  to  take,  regulate, 
control  and  improve  that  described  part  of  Homan  avenue  in  manner 
and  for  the  uses  provided  in  the  said  act  of  the  general  assembly,  as  a 
park  driveway  and  for  park  purposes  only.  And  full  power  and  au- 
thority are  hereby  granted  to  said  board  to  control,  improve  and  main- 
tain the  part  of  said  Homan  avenue,  as  aforesaid,  so  to  be  taken,  as 
aforesaid,  for  the  purpose  of  carrying  out  the  provisions  of  said  act  of 
the  general  assembly. 

2.  Conditions.]  § 2.  The  permission  hereby  given  is  granted 
only  upon  the  express  condition  that  said  board  of  West  Chicago  Park 
Commissioners  shall  never,  at  any  time  hereafter,  grant,  permit  or  give 
to  any  person,  persons  or  corporation  now  in  existence,  or  that  may 
hereafter  be  organized,  any  permission  or  right  of  way  to  construct 
on  said  boulevard  any  horse,  cable,  steam,  electric  or  other  railway  of 
any  character  or  description  whatever,  whether  such  railway  is  pro- 
posed to  be  placed  beneath,  on  or  above  the  surface  of  said  boulevard. 

If  3.  Rights  reserved.]  § 3.  The  city  of  Chicago  hereby  ex- 
pressly reserves  the  right  to  lay  under  the  surface  of  said  avenue  water, 
gas  or  other  pipes,  and  to  build  and  repair  sewers  in  said  Homan  ave- 
nue, to  lay  electric  or  other  wires,  and  make  such  other  underground 
improvements  in  the  same  manner  and  to  the  same  extent  that  said 
city  of  Chicago  might  heretofore  have  done. 

T 4.  Limitations.]  § 4.  Unless  said  board  of  West  Chicago 
Park  Commissioners  shall  within  ninety  (90)  days  of  the  passage  of 


1918 


PARKS,  BOULEVARDS  AND  DRIVEWAYS. 


[§  903 


this  ordinance,  by  the  vote  of  said  board,  select  and  take  the  said  part 
of  the  said  avenue,  for  the  purposes  aforesaid,  this  ordinance  shall  cease 
to  be  of  any  force  and  effect,  and  the  consent  given  by  section  1 afore- 
said, shall  be  deemed  to  be  withdrawn. 

1"  5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


SHEDD’S  PARK. 

§ 903.  Shedd’s  Park. 

IT  1.  Grant— conditions. 

If  2.  Alter,  use,  etc. 

if  3.  Acceptance. 

^ 4.  When  in  force. 

An  ordinance  granting  consent  to  the  West  Chicago  Park  Commissioners  to 

take,  regulate  and  control  Shedd’s  Park.  (Passed  June  13,  1898.) 

1 1.  Grant,  conditions.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago  : § 1.  That  in  accordance  with  the  petition  of  a 

majority  of  the  owners  of  property  abutting  on  Shedd’s  Park,  consent 
and  authority  be  and  the  same  is  hereby  granted  to  the  West  Chicago 
Park  Commissioners  to  take,  regulate,  control  and  govern  in  the  same 
manner  as  they  may  control  and  govern  other  parks  under  the  control 
of  said  commissioners,  all  that  public  park  known  as  Shedd’s  Park,  and 
to  that  end  the  management  and  control  of  said  Shedd’s  Park  is  hereby 
surrendered  to  the  West  Chicago  Park  Commissioners.  Provided, 
however,  that  the  management  and  control  of  said  Shedd’s  Park  is  so 
surrendered  to  the  West  Chicago  Park  Commissioners  upon  the  ex- 
press condition  that  said  commissioners  shall  take  charge  of,  maintain, 
improve  and  keep  in  good  condition  and  repair  said  Shedd’s  Park  at 
their  own  expense,  and  entirely  without  cost,  charge  or  expense  of 
any  kind  to  the  city  of  Chicago,  and  that  in  the  event  of  a failure  or 
neglect  on  the  part  of  said  commissioners  to  so  maintain,  improve  and 
keep  said  park  in  good  condition  and  repair,  said  Shedd’s  Park  shall 
revert  back  to  the  city  of  Chicago. 

IT  2.  Alter,  use,  etc.]  § 2.  Nothing  herein  contained  shall  au- 
thorize said  West  Chicago  Park  Commissioners. or  any  other  person, to 
alter,  change,  or  use  said  Shedd’s  Park  for  any  other  or  different  pur- 
pose than  that  for  which  said  Shedd’s  Park  was  dedicated. 

1"  3.  Acceptance.]  § 3.  Unless  the  said  West  Chicago  Park 
Commissioners  shall,  within  ninety  days  from  the  passage  of  this  ordi- 
nance, accept  the  same  and  take  charge  and  control  of  Shedd’s  Park, 
as  herein  authorized,  this  ordinance  shall  cease  to  be  of  any  force  and 


SOUTH  HALSTED  STREET. 


1919 


§ § 9°4,  9°5] 


effect,  and  the  consent  and  authority  herein  given  to  so  take  control 
shall  be  deemed  withdrawn. 

4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 


SOUTH  HALSTED  STREET. 

§ 904.  South  Halsted  street. 

If  1.  Description. 

If  2.  Grant. 

If  3.  When  in  force— acceptance. 

An  ordinance  to  turn  over  part  of  South  Halsted  street  to  West  Chicago 

Park  Commissioners.  (Passed  June  27,  1898.) 

If  1.  Description.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago  : § 1.  Whereas,  the  West  Chicago  Park  Commissioners 

are  desirous  of  taking  charge  of  and  improving  that  part  of  South 
Halsted  street  which  is  bounded  on  the  east  by  the  east  boundary  line 
of  said  South  Halsted  street  extended,  on  the  south  by  the  south 
boundary  line  of  Washington  street  extended,  on  the  west  by  the  east 
line  of  said  South  Halsted  street,  on  the  north  by  the  north  boundary 
line  of  said  Washington  street  extended,  at  their  own  charge  and  ex- 
pense, and  without  cost,  charge  or  expense  to  the  city  of  Chicago. 

T 2.  Grant.]  § 2.  Therefore,  for  the  purpose  aforesaid,  author- 
ity is  hereby  given  to  the  said  West  Chicago  Park  Commissioners  to 
take  charge  of,  improve  and  maintain  said  above  described  premises, 
otherwise  control  thereof  shall  revert  back  to  the  city  of  Chicago. 

1 3.  When  in  force— acceptance.  ] § 3.  The  West  Chicago 

Park  Commissioners  shall  accept  the  provisions  hereof  within  thirty 
days  from  date  of  the  passage  hereof,  otherwise  this  ordinance  shall 
be  null  and  void. 


SOUTH  PARK  AVENUE. 

§ 905.  South  Park  avenue. 

If  1.  Grant. 

If  2.  Thirty-fifth  street  boulevard  surrendered  to  the  city. 

If  3.  When  in  force. 

An  ordinance  authorizing  the  South  Park  Commissioners  to  take  and  control 
South  Park  avenue  and  Thirty- third  street,  for  boulevard  purposes. 
(Passed  February  28,  1898.) 


1920  PARKS,  BOULEVARDS  AND  DRIVEWAYS.  [§  906 

1 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of  Chi- 
cago: § 1.  That  consent  be  and  is  hereby  given  that  South  Park 

avenue,  from  the  south  line  of  Thirty-fifth  street  to  the  north  line  of 
Thirty-third  street,  and  Thirty-third  street  from  the  east  line  of  South 
Park  avenue  to  the  east  line  of  Michigan  avenue  boulevard,  be  selected 
and  taken  by  the  South  Park  Commissioners  for  a boulevard  connec- 
tion between  Grand  boulevard  and  Michigan  avenue  boulevard,  in  ac- 
cordance with  the  provisions  of  the  acts  of  the  legislature  of  the  state 
of  Illinois;  and  said  South  Park  Commissioners  shall  have  full  power 
and  authority  to  regulate,  control,  improve  and  maintain  the  parts  of 
said  streets  so  to  be  taken  as  aforesaid  for  boulevard  connections; 
Provided,  however,  that  nothing  in  this  ordinance  contained  shall  be 
construed  as  a waiver  or  relinquishment  by  or  on  the  part  of  the  city 
of  Chicago  of  any  of  its  rights  or  powers  in  relation  to  the  laying  of 
water  mains  and  pipes  and  connections  therewith,  and  the  construction 
of  sewers  and  drains  in  said  city,  and  the  regulating  of  openings  for 
the  same,  or  the  repairing  of  water  mains,  pipes,  sewers  or  drains  in 
said  streets,  and  all  powers  that  the  city  of  Chicago  now  has  in  rela- 
tion to  water  mains,  pipes  and  sewers  and  their  connections  and  the 
regulation  of  the  same  and  the  openings  of  the  same  in  the  streets  of 
said  city,  are  hereby  expressly  reserved  to  said  city  as  to  the  parts  of 
said  streets  hereinabove  authorized  to  be  selected  and  taken  by  the 
South  Park  Commissioners  for  boulevard  connections. 

1 2.  Thirty-fifth  street  boulevard  surrendered  to  the  city.] 

§ 2.  That  consent  be  and  is  hereby  given  that  Thirty-fifth  street 
boulevard,  between  the  west  line  of  Grand  boulevard  and  the  east  line 
of  Michigan  avenue  boulevard,  be  abandoned  and  surrendered  over  by 
the  South  Park  Commissioners  to  the  city  of  Chicago,  and  the  proper 
corporate  authorities  thereof;  and  the  city  of  Chicago,  hereby  agrees 
upon  the  abandonment  and  surrender  of  said  Thirty-fifth  street  as 
aforesaid  by  the  South  Park  Commissioners,  to  assume  and  exercise 
control  and  jurisdiction  over  the  same. 

T 3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


WEST  MADISON  AND  WEST  LAKE  STREETS. 

§ 906.  West  Madison  and  West  Lake  streets. 

If  1.  Permit. 
i 2.  When  in  force. 

An  ordinance  authorizing  the  West  Chicago  Park  Commissioners  to  improve 
West  Madison  street  and  West  Lake  street  from  Homan  avenue  to  Ham- 
lin avenue.  (Passed  May  24,  1897.) 


§ 9°6] 


WEST  MADISON  AND  WEST  LAKE  STREETS. 


1921 


1"  1.  Permit.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § i.  That  permission  be  and  is  hereby  granted  to  the 

West  Chicago  Park  Commissioners  to  improve  the  N.  }4  (except  rail- 
road right  of  way)  of  West  Madison  street,  from  Homan  avenue  to  the 
east  line  of  Central  Park  avenue,  and  the  full  width  (except  railroad 
right  of  way)  of  said  West  Madison  street,  from  the  east  line  of  Central 
Park  avenue  to  Hamlin  avenue;  also  the  S.  ^4  (except  railroad  right  of 
way)  of  West  Lake  street,  from  Homan  avenue  to  the  middle  of  Cen- 
tral Park  avenue,  and  the  full  width  of  said  West  Lake  street  (except 
railroad  right  of  way),  from  the  middle  of  Central  Park  avenue  to 
Hamlin  avenue,  in  accordance  with  the  plats  hereto  attached. 

T 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


121 


CHAPTER  XXII.— PRIVATE  PRIVILEGES. 


Joseph  Bohmann. 

Dr.  G.  W.  Green. 

Kimball  & Bornheim. 

Geo.  K.  Shoenberg. 

Estate  of  Geo.  K.  Shoenberg. 
Mary  O.  Strong. 

Edward  F.  Swift. 

Charles  E.  Westlake. 

William  A.  Wieboldt. 

W.  C.  Zimmerman. 


JOSEPH  BOHMANN. 

§ 907.  Joseph  Bohmann. 

If  1.  Grant. 

If  2.  When  in  force. 

An  ordinance  granting  permission  to  Joseph  Bohmann  to  make  excavation  In 
alley  in  rear  of  376  West  Madison  street.  (Passed  Sept.  27,  1897.) 

The  following  is  the  ordinance  as  passed. 

T 1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  is  hereby  given  Joseph  Bohmann  to 

make  an  excavation  in  the  alley  in  the  rear  of  No.  376  West  Madison 
street  as  a place  for  the  storage  of  coal  and  ashes.  Such  excavation 
shall  be  constructed  in  accordance  with  the  rules  and  regulations  of 
the  commissioner  of  public  works  in  such  cases  made  and  provided. 

1 2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


§ 907. 

§ 908. 

§ 909- 
§ 910. 
§ 911* 
§ 912* 
§ 9*3- 
8 9r4* 
§ 915. 
§ 9l6- 


DR.  G.  W.  GREEN. 

§ 908.  Dr.  G.  W.  Green. 

If  1.  Permit. 

An  ordinance  granting  permission  to  Dr.  G.  W.  Green  for  a telephone  wire 
from  2765  N.  Lincoln  street  to  1296  E.  Ravenwood  Park.  (Passed  Oct. 
13,  1897.) 


1922 


KIMBALL  & BORN  HEIM. 


1923 


§§  909,  9JR 


f 1.  Permit.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  and  authority  are  hereby  given  to 

Dr.  G.  W.  Green  to  string  a telephone  wire  from  his  residence  2765 
North  Lincoln  street  to  1296  East  Ravenswood  Park;  Provided,  that 
the  mayor  shall  have  the  right  to  remove  such  wire  whenever  he  shall 
deem  it  necessary  to  do  so. 


KIMBALL  & BORNHEIM. 

§ 909:  Kimball  & Bornheim. 

If  1.  Permit. 

An  ordinance  granting  permit  to  Kimball  & Bornheim  to  erect  a frame  shed. 
(Passed  June  27,  1898.) 

% 1.  Permit.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  Kimball  & Bornheim  be  and  they  are  hereby 

permitted  to  erect  a frame  shed  ten  (10)  feet  by  fourteen  (14)  feet  on  the 
ground  and  one  story  high  on  the  rear  of  lot  fourteen  (14),  block  four 
(4),  O.  R.  Keith’s  subdivision  in  W.  Yz  S.  E.  Y\  Sec.  14,  T.  38  N.,  R. 
14,  and  that  the  commissioner  of  buildings  is  authorized  to  issue  a 
permit  therefor  upon  payment  of  the  usual  fees. 


GEORGE  K.  SHOENBERG. 

§ 910.  Geo.  K.  Shoenberg. 

If  1.  License. 

IT  2.  When  in  force. 

An  ordinance  granting  permit  to  the  estate  of  Geo.  K.  Shoenberg  to  put  in 
sewer  pipes  on  West  12th  street.  (Passed  Oct.  13,  1897.) 

1 1.  License.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  the  estate  of  Geo.  K.  Shoenberg  be  and  is  here- 

by authorized  and  empowered,  upon  payment  of  one  license  fee  of  $240, 
to  put  in  forty-eight  six-inch  sewer  pipes  or  stubs  on  the  south  side  of 
West  Twelfth  street,  between  Forty-fourth  and  Forty-sixth  streets, 
extending  said  sewers  four  feet  inside  the  curb  line  and  connecting  to 
the  sewers  on  West  Twelfth  street,  said  drains  to  be  laid  by  a licensed 
drain  layer  and  without  cost  or  charge  to  the  city  of  Chicago. 

IF  2.  When  in  force.]  § 2.  This  ordinance  to  take  effect  on 
and  after  its  passage. 


1924 


PRIVATE  PRIVILEGES. 


§ 91 1.  Estate  of  Geo.  K.  Shoenberg. 

If  1.  License, 
t 2.  When  in  force. 

An  ordinance  granting  license  to  the  estate  of  Geo.  K.  Shoenberg  to  put  in 
water  service  pipes  in  West  12th  street.  (Passed  Oct.  13,  1897.) 

1.  License.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  the  estate  of  Geo.  K.  Shoenberg  be  and  is  here- 

by authorized  and  empowered,  upon  payment  of  one  license  fee  of  $168, 
to  put  in  forty-eight  water  service  pipes  on  the  south  side  of  West 
Twelfth  street,  between  Forty-fourth  and  Forty-sixth  streets,  extend- 
ing said  pipes  four  feet  inside  curb  wall,  and  connecting  to  the  city 
main  on  West  Twelfth  street.  One-inch  taps  for  said  connection  to 
be  put  in  by  the  city  of  Chicago,  according  to  section  1742  of  Munici- 
pal Code  of  Chicago. 

If  2.  When  in  force.]  § 2.  This  ordinance  to  take  effect  on 
and  after  its  passage. 


MARY  O.  STRONG. 

§ 912.  Mary  O.  Strong. 

f 1.  License. 

if  2.  When  in  force. 

An  ordinance  to  permit  Mary  O.  Strong  to  lay  house  drains  or  stubs  on  Ken- 
esaw  terrace  on  paying  one  license  fee  of  five  dollars.  (Passed  June 
21,  1897. 

1 1.  License.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  Mary  O.  Strong  be  and  she  hereby  is  author- 

ized and  empowered,  upon  the  payment  to  the  commissioner  of  public 
works  of  one  license  fee  of  five  dollars,  to  put  in  twenty  six-inch  side 
drains  or  stubs  on  Kenesaw  terrace,  between  Clarendon  avenue  and  a 
point  on  Kenesaw  terrace  five  hundred  feet  east  of  Clarendon  avenue, 
extending  the  same  from  the  lot  line  to,  and  connecting  them  with, 
the  sewer  lately  constructed  by  her  in  said  terrace.  Such  drains  or 
pipes  to  be  laid  by  a licensed  sewer  builder,  and  without  cost,  charge 
or  damage  to  the  city  of  Chicago. 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


EDWARD  F.  SWIFT. 


1925 


EDWARD  F.  SWIFT. 

§ 913.  Edward  F.  Swift. 

Tf  1.  Permit. 

An  ordinance  granting  permit  to  Edward  F.  Swift  to  erect  frame  addition  to 
his  frame  residence.  (Passed  May  16,  1898.) 

1"  1.  Permit.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  Edward  F.  Swift  be  and  he  is  hereby  author- 

ized and  permitted  to  erect  a frame  addition  to  his  frame  residence  at 
the  northeast  corner  of  Greenwood  avenue  and  50th  street,  as  per  blue 
print  hereto  attached,  upon  payment  of  all  building  permit  fees. 


* 


CHARLES  E.  WESTLAKE. 

§ 914.  Charles  E.  Westlake. 

H 1.  Grant— acceptance, 
f 2.  Compensation. 

II  3.  Contents  of  fountains. 

If  4.  Duration  of  right— license  fee. 

if  5.  Bond. 

if  6.  When  in  force. 

An  ordinance  granting  a permit  to  Charles  E.  Westlake  to  construct,  erect, 
operate  and  maintain  automatic  drinking  fountains  in  the  city  of  Chi- 
cago. (Passed  June  8,  1897.) 

T 1.  Grant — acceptance.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  in  consideration  of  the  acceptance 

hereof,  and  the  undertaking  of  Charles  E.  Westlake  to  comply  with 
the  provisions  hereof,  authority,  permission  and  consent  are  hereby 
given,  granted  and  duly  vested  in  the  said  Westlake,  his  successors  or 
assigns,  to  construct,  erect,  operate  and  maintain  automatic  drinking 
fountains  in  such  places  in  the  city  of  Chicago,  near  the  edge  of  the 
sidewalk,  where  lamp  or  electric  posts  now  are,  or  may  hereafter  be 
placed.  The  said  fountains  when  placed  shall  not  be  used  for  any 
other  purpose  whatsoever,  and  shall  not  exceed  two  feet  square,  nor 
exceed  five  feet  in  height,  and  shall  be  of  iron  or  steel  and  great  dura- 
bility and  attractively  ornamented,  and  shall  be  located  and  approved 
by  the  commissioner  of  public  works  of  the  city  of  Chicago ; Provided, 
however,  that  no  advertisement  of  whatsoever  nature  shall  be  placed 
thereon. 

1"  2.  Compensation.]  § 2.  The  said  Charles  E.  Westlake  shall 
have  the  right  to  charge  consumers  or  users  of  the  contents  of  such 
drinking  fountains  one  cent  per  glass,  and  no  more;  Provided,  how- 


1926 


PRIVATE  PRIVILEGES. 


[§  915 


ever,  that  no  intoxicating  drinks,  or  beverages  other  than  pure  drink- 
ing water,  shall  be  vended  or  drawn  therefrom;  and  provided  further, 
that  all  waters  used  in  said  fountain  shall  first  be  filtered  or  be  natural 
spring  water. 

If  3.  Contents  of  fountains.  ] § 3.  The  commissioner  of  health 
shall  at  all  times  have  the  right  to  examine  said  fountains  as  to  their 
contents  and  cleanliness. 

T 4.  Duration  of  right  — license  fee.  ] § 4.  The  right  to 

erect  and  use  such  fountains  shall  extend  to  five  years,  and  the  license 
fee  shall  be  $5.00  per  year  for  each  and  every  one  erected,  and  permis- 
sion is  hereby  further  granted  to  the  said  Charles  E.  Westlake  to  place 
one  or  more  of  said  fountains  in  each  and  every  school  building  in  the 
city  of  Chicago  free  of  charge. 

1 5.  Bond.]  § 5.  The  said  Charles  E.  Westlake  shall  execute 
a bond  in  the  penal  sum  of  five  thousand  ($5,000)  dollars  for  the  faith- 
ful performance  of  all  the  terms  and  conditions  of  this  ordinance,  and 
to  indemnify  and  protect  the  city  of  Chicago  from  any  loss  or  dam- 
age by  reason  of  the  powers  and  privileges  granted  to  said  Westlake. 

If  6.  When  in  force.]  § 6.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  acceptance  by  the  said 
Charles  E.  Westlake. 


WILLIAM  A.  WIEBOLDT. 

§ 915.  William  A.  Wieboldt. 

U 1.  Permit. 

1[  2.  'Subject  to  ordinances. 

i 3.  Bond. 

If  4.  When  in  force. 

An  ordinance  granting  permit  to  William  A.  Wieboldt  to  construct,  maintain, 
and  use  passageways  across  alley.  (Passed  Dec.  20,  1897.) 

1.  Permit.]  Be  it  ordained  by  the  city  council  of  the  city  of 

Chicago:  § 1.  That  permission  and  authority  be  and  the  same  are 

hereby  granted  to  William  A.  Wieboldt  to  construct,  maintain  and  use 
passageways  across  the  alley  separating  lots  6 and  7,  and  lots  48  and 
49,  in  block  3,  in  Bauwan  & Hoffmann’s  subdivision,  in  the  city  of 
Chicago;  Provided,  said  Wieboldt  shall  construct  and  maintain  said 
passageways  according  to  plans  hereto  attached,  and  so  as  not  to  inter- 
fere with  sewer,  water,  gas  or  other  pipes,  or  with  electrical  wires  or 
conduits,  now  contained  or  hereafter  to  be  placed  in  said  alley. 

2.  Subject  to  ordinances.]  § 2.  This  permission  and  au- 


§ 9i6] 


W.  C.  ZIMMERMAN. 


1927 


thority,  and  the  passageways  so  to  be  constructed  thereunder,  are  sub- 
ject to  all  general  ordinances  of  the  city  of  Chicago,  and  the  same 
may  be  revoked  at  any  time,  in  the  discretion  of  the  mayor  or  commis- 
sioner of  public  works. 

1"  3.  Bond.]  § 3.  The  permission  and  authority  hereby  granted 
are  granted  upon  the  further  condition  that  the  said  William  A.  Wei- 
,boldt  shall  execute  and  give  to  the  city  of  Chicago  a good  and  suffi- 
cient bond  in  the  penal  sum  of  five  thousand  ($5,000)  dollars,  with  two 
sureties,  to  be  approved  by  the  mayor  of  the  city  of  Chicago;  and  be  it 
further  provided,  that  the  said  William  A.  Weiboldt  shall  not  maintain 
any  combustible  or  destructive  material  or  machinery  or  anything 
hazardous  or  dangerous  to  life  and  property  in  the  said  passageways. 

T 4.  When  in  force.  ] § 4.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  acceptance  by  said  Wil- 
liam A.  Weiboldt,  said  acceptance  to  be  filed  within  thirty  days  after 
the  passage  of  this  ordinance. 


W.  C.  ZIMMERMAN. 

§ 916.  W.  C.  Zimmerman. 

If  1.  Permit. 

An  ordinance  granting  permit  to  W.  C.  Zimmerman  to  enlarge  his  frame 
dwelling  house.  (Passed  May  16,  1898.) 

IT  1.  Permit.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  W.  C.  Zimmerman  be  and  he  is  hereby  au- 

thorized and  permitted  to  enlarge  his  frame  dwelling  house,  5621 
Washington  avenue,  by  making  a frame  addition  thereto  to  conform  to 
the  plans  hereto  attached  upon  payment  of  all  regular  permit  fees. 


CHAPTER  XXIII.— RAILWAYS— TRACK  ELEVATION. 


§ 917.  Atchison,  Topeka  & Santa  Fe  Railroad  Co. 

§ 918.  Chicago,  Burlington  & Quincy  Railroad  Co. 

§ 919.  Chicago,  Milwaukee  & St.  Paul  Railway  Co. 

§ 920.  Chicago,  Milwaukee  & St.  Paul  Railway  Co. 

§ 921.  Chicago.  Milwaukee  & St.  Paul  Railway  Co. 

§ 922.  Chicago,  Milwaukee  & St.  Paul  Railway  Co.  • 

§ 923.  Chicago  & Northwestern  Railway  Co. 

§ 924.  Chicago  & Northwestern  Railway  Co. 

§ 925.  Chicago  & Northwestern  Railway  Co. 

§ 926.  Chicago  & Western  Indiana  Railroad  Co. 

§ 927.  Lake  Shore  & Michigan  Southern  Railway  Co. 

§ 928.  Lake  Shore  & Michigan  Southern  Railway  Co. 

§ 929.  Lake  Shore  & Michigan  Southern  Railway  Co. 

§ 930.  Lake  Shore  & Michigan  Southern  Railway  Co. 

§931.  Lake  Shore  & Michigan  Southern  Railway  Co. 

§ 932.  Northwestern  Elevated  Railroad  Co. 

§ 933.  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  Co. 
§ 934.  St.  Charles  Air  Line. 

§ 935.  St.  Charles  Air  Line. 

§ 936.  Union  Elevated  Railroad  Co. 


1928 


1929 


g 917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  COM- 
PANY. 

§ 917.  Atchison,  Topeka  and  Santa  Fe  Railroad  Company,  and 
other  companies. 

IT  1.  Manner  and  conditions. 

IT  2.  Point  of  beginning— Gradients.  Eighteenth  street, 
if  3.  Ashland  avenue. 

if  4.  Illinois  and  Michigan  Canal  bridge— gradient. 

If  5.  Changes  authorized. 

If  6.  Chicago  & Alton  “Y”  tracks,  P.  F.  W.  & C.  R.  Co. 
if  7.  Same  “Y”  tracks  and  connections, 
if  8.  Top  of  rail. 

if  9.  Embankments,  how  constructed, 
if  10.  Intersections,  bridges  and  subways, 
if  11.  Subways  to  be  constructed,  where. 

if  12.  Subway  beneath  tracks  Atchison,  Topeka  & Santa  Fe  Ry. 
if  13.  Subways,  Chicago,  Alton  & St.  Louis  Railroad  Company, 
if  14.  Subways,  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Co.,  Chicago  Terminal  Transfer  Railroad  Co.,  and  Union 
Stock  Yards  & Transit  Co. 

if  15.  Subway  beneath  “Y”  tracks  at  Campbell  avenue, 
if  16.  Subways  to  be  constructed  jointly. 

if  17.  Subways  Robinson  and  Wood  streets,  construction— joint, 
if  18.  Subways  constructed  jointly, 
if  19.  Subways  and  crossings,  location  of. 
if  20.  Grade  to  corespond, 
if  21.  Vertical  curves. 

if  22.  Excavations,  streets  to  be  restored  by  railroad  company, 
if  23.  Grade  of  streets  changed, 
if  24.  Drainage — Receiving  basins, 
if  25.  Structural  requirements,  paving,  etc. 
if  26.  Restoration  of  sidewalks  and  streets, 
if  27.  Roadway,  paving  of. 
if  28.  Grade  of  streets— conform  to. 
if  29.  Subways,  paving  of,  when,  notice  to. 
if  30.  Incidental  or  consequential  damages,  etc. 
if  31.  Commission  of  Public  Works  to  sujN?rintend,  approval  and 
submission  of  plans, 
if  32.  Permission  to  obstruct  streets. 

if  33.  Ordinances  as  to  speed,  gates,  signals  and  watchmen,  to 
if  34.  Plans  submission  of,  when. 

if  35.  Work,  when  commenced— prosecution  of— when  completed  - 
city  may  intervene. 

if  36.  Condition— time,  failure,  notice,  etc. 
if  37.  Dedication  for  street, 
if  38.  Condemnation  costs  of. 

if  39.  Opening  and  extension  of  streets,  waiver  of  compensation, 
bridges,  etc. 

if  40.  When  in  force,  companies  to  file  agreements. 


1930 


RAILWAYS — TRACK  ELEVATION. 


[§  917 


An  ordinance  requiring  the  Atchison,  Topeka  & Santa  Fe  Railroad  Company, 
the  Chicago,  Madison  & Northern  Railroad  Company,  the  Chicago,  Alton 
& St.  Louis  Railroad  Company,  the  Union  Stock  Yards  & Transit  Com- 
pany, the  Chicago  Terminal  Transfer  Railroad  Company,  and  the  Pitts- 
burg, Cincinnati,  Chicago  & St.  Louis  Railway  Company,  respectively,  to 
change  the  plane  of  certain  of  their  roadbeds  and  railway  tracks  within 
the  city  of  Cnicago.  (Passed  January  24,  1898.) 

T 1.  Manner  and  Conditions.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  Atchison,  Topeka 

and  Santa  Fe  Railroad  Company,  the  Chicago,  Madison  and 
Northern  Railroad  Company,  the  Chicago,  Alton  and  St.  Louis  Rail- 
road Company,  tihe  Union  Stock  Yards  and  Transit  Company,  the 
Chicago  Terminal  Transfer  Railroad  Company  and  the  Pittsburg,  Cin- 
cinnati, Chicago  and  St.  Louis  Railway  Company  are  each,  respective- 
ly, hereby  ordered  and  required  to  elevate  the  plane  of  certain  of  their 
roadbeds  and  tracks,  within  certain  limits  of  the  city  of  Chicago,  in 
manner  and  upon  the  conditions  hereinafter  specified,  that  is  to  say: 

IF  2.  Point  of  beginning— Gradient,  Eighteenth  street.]  If 
Beginning  at  a point  immediately  under  the  Eighteenth  street 
viaduct,  on  the  existing  tracks  of  the  Atchison,  Topeka  and  Santa  Fe 
Railroad  Company,  the  Chicago,  Madison  and  Northern  Railroad 
Company,  and  the  Chicago,  Alton  and  St.  Louis  Railroad  Company, 
the  roadbeds  and  tracks  of  said  railroad  companies  shall  continue  in  a 
southerly  and  west«rly  direction,  and  shall  rise  on  the  most  suitable 
gradient  convenient  and  practicable  to  said  railroad  companies,  to  a 
point  about  10  feet  east  of  the  most  easterly  track  of  the  Pittsburg, 
Fort  Wayne  and  Chicago'  Railway,  where  an  elevation  of  not  less  than 
17.6  feet  above  city  datum  shall  be  attained;  thence  said  elevated  road- 
bed and  tracks  shall  continue  in  a southerly  and  westerly  direction  on 
a level  grade  for  a distance  of  about  150  feet,  to  a point  about  10  feet 
west  of  the  most  westerly  track  of  the  Chicago  and  Western  Indiana 
Railway,  where  an  elevation  of  not  less  than  17.6  feet  above  city  datum 
shall  be  attained,  and  crossing  at  grade  in  said  last  mentioned  course, 
the  proposed  elevated  roadbeds  and  tracks  of  the  Pittsburg,  Fort 
Wayne  and  Chicago  Railway  and  the  Chicago  and  Western  Indiana 
Railway;  thence  said  elevated  roadbed  and  tracks  of  said  railway  com- 
panies shall  continue  in  a southerly  and  westerly  direction  on  an  as- 
cending gradient  of  about  0.30  per  centum,  for  a distance  of  about 
1,450  feet,  to  a point  about  700  feet  south  of  the  south  line  of  Twenty- 
second  street,  as  measured  along  the  roadbeds  and  tracks,  where  an 
elevation  of  not  less  than  22.0  feet  above  city  datum  shall  be  attained ; 
thence  said  elevated  roadbeds  and  tracks  shall  continue  in  a southerly 
and  westerly  direction  and  on  a level  grade  for  a distance  of  about 
8,360  feet  to  a point  about  on  the  west  line  of  South  Ashland  avenue, 
where  an  elevation  of  not  less  than  22.0  feet  above  city  datum  shall  be 
attained;  thence  said  elevated  roadbeds  and  tracks  of  the  Atchison, 
Topeka  and  Santa  Fe  Railroad  Company  and  the  Chicago,  Madison 
and  Northern  Railroad  Company  shall  diverge  to  the  north  and  west 


1931 


§ 917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

and  shall  continue  in  a westerly  direction  and  on  an  ascending  gradient 
of  about  0.05  per  centum,  for  a distance  of  about  3,000  feet  to  a point 
about  10  feet  east  of  the  east  end  of  the  bridge  over  the  Illinois  and 
Michigan  Canal,  to  a connection  with  their  present  roadbeds  and 
tracks.  , 

If  3.  Ashland  avenue.]  U 2.  From  a point  about  on  the  west 
line  of  South  Ashland  avenue  and  where  the  roadbed  and  tracks  of 
the  Chicago,  Alton  and  St.  Louis  Railroad  Company  diverge  to  the 
south  and  wrest  from  the  proposed  elevated  roadbed  and  tracks  of  the 
Atchison,  Topeka  and  Santa  Fe  Railroad  Company  and  the  Chicago, 
Madison  and  Northern  Railroad  Company,  the  roadbeds  and  tracks  of 
said  Chicago,  Alton  and  St.  Louis  Railroad  Company  shall  continue 
in  a southerly  and  westerly  direction  and  on  an  ascending  gradient  of 
about  .02  per  centum  for  a distance  of  about  7,500  feet  to  a point  about 
on  the  west  right  of  way  line  of  the  Pittsburg,  Cincinnati,  Chicago  and 
St.  Louis  Railway  Company,  where  an  elevation  of  not  less  than  23.5 
feet  above  city  datum  shall  be  attained,  and  crossing  at  grade  in  said 
last  mentioned  course  the  proposed  elevated  roadbeds  and  tracks  of 
the  Union  Stock  Yards  and  Transit  Company,  the  Chicago  Terminal 
Transfer  Railroad  Company  and  the  Pittsburg,  Cincinnati,  Chicago 
and  St.  Louis  Railway ; thence  said  elevated  roadbed  and  tracks  of  said 
Chicago,  Alton  and  St.  Louis  Railroad  Company  shall  continue  in  a 
westerly  direction  and  on  a descending  gradient  of  about  .26  per 
centum  for  a distance  of  about  700  feet  to  a point  about  on  the  west 
line  of  South  Rockwell  street,  where  an  elevation  of  not  less  than  21.5 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 
and  tracks  shall  continue  in  a westerly  direction,  and  they  shall  des- 
cend on  the  most  suitable  gradient  convenient  and  practicable  to  said 
railroad  company  to  a connection  with  its  present  roadbed  and  tracks, 
west  of  South  Rockwell  street. 

IT  4.  Illinois  and  Michigan  Canal  bridge  — gradient.] 

T 3.  From  the  most  desirable  point  on  the  existing  roadbeds  and 
tracks,  at  or  near  the  bridge  over  the  Illinois  and  Michigan  Canal,  the 
roadbeds  and  tracks  of  the  Union  Stock  Yards  and  Transit  Company, 
the  Chicago  Terminal  Transfer  Railroad  Company  and  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway  Company  shall  rise  on  the 
most  suitable  gradient  convenient  and  practicable  to  said  railway  com- 
panies, to  a point  about  on  the  north  line  of  West  Thirty-fifth  street, 
where  an  elevation  of  not  less  than  23.5  feet  above  city  datum  shall  be 
attained;  and  crossing  at  grade  in  said  last  mentioned  course  the  pro- 
posed elevated  roadbed  and  tracks  of  the  Chicago,  Alton  and  St.  Louis 
Railroad;  thence  said  elevated  roadbed  and  tracks  of  said  railway  com- 
panies shall  continue  in  a southerly  and  easterly  direction  and  on  a 
level  grade  for  a distance  of  about  3,100  feet  to  a point  about  on  the 
east  line  of  Western  Avenue  boulevard,  where  an  elevation  of  not  less 
than  23.5  feet  above  city  datum  shall  be  attained;  thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a southerly  and  easterly  direc- 


1932 


RAILWAYS — TRACK  ELEVATION. 


[§  917 


tion,  and  shall  descend  on  the  most  suitable  gradient  convenient  and 
practicable  to  said  railway  companies  to  a connection  with  their  pres- 
ent roadbed  and  tracks. 

If  5.  Changes  authorized.  ] 1"  4.  The  railway  companies 
named  in  this  ordinance  are  hereby  authorized  to  make  such  changes 
in  the  position  and  alignment  of  their  respective  main  and  side  tracks 
and  switch  connections  as  may  be  desirable  in  order  to  carry  out  the 
provisions  of  this  ordinance. 

1 6.  Chicago  and  Alton  “Y”  tracks.  P.,  F.  W.  & C. 
R.  Co.]  1 5.  Permission  and  authority  is  also  hereby  given  to  the 
Chicago,  Alton  and  St.  Louis  Railroad  Company  to  elevate  the  “Y” 
tracks  of  its  main  line  where  the  same  connects  with  the  tracks  of  the 
Pittsburg,  Fort  Wayne  and  Chicago  Railway  south  of  the  railroad 
bridge  across  the  south  branch  of  the  Chicago  river  in  Stewart  avenue ; 
and  to  make  such  changes  in  their  location  as  said  company  may  deem 
necessary  in  order  to  carry  out  the  provisions  of  this  ordinance. 

1 7.  Same,  “ Y ” tracks  and  connections.]  1 6.  Permission 
and  authority  are  hereby  given  to  the  Chicago,  Alton  and  St.  Louis 
Railroad  Company,  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis 
Railway  Company,  the  Chicago  Terminal  Transfer  Railroad  Company 
and  the  Union  Stock  Yards  and  Transit  Company  to  elevate  their  “Y” 
tracks  and  connections,  where  same  are  located  at  or  near  the  crossing 
of  the  Chicago,  Alton  and  St.  Louis  Railroad  near  Campbell  avenue, 
and  to  make  such  changes  in  the  location  as  said  companies  may  deem 
necessary  in  order  to  carry  out  the  provisions  of  this  ordinance. 

IT  8.  Top  of  rail.]  IT  7.  All  elevation  of  railroad  tracks  men- 
tioned in  this  ordinance  shall  refer  to  the  top  of  the  rail. 

If  9.  Embankments,  how  constructed.]  § 2.  The  embank- 
ment or  embankments  on  which  said  elevated  roadbeds  shall  be  con- 
structed, within  the  aforesaid  limits,  shall  be  composed  of  sand,  clay, 
gravel,  loam,  broken  stone  and  whatever  else  may  compose  the  sur- 
plus material  excavated  from  the  subways  and  from  the  foundation 
pits  and  trenches  along  the  line  of  said  work.  The  side  slopes  and  lat- 
eral dimensions  of  said  embankments  will  be  fixed  and  determined  by 
the  natural  angle  of  repose  of  the  materials  of  which  said  embankments 
may  be  constructed,  but  whenever  it  may  become  necessary,  for  the 
purpose  of  keeping  said  embankments  entirely  within  the  lines  of  the 
right  of  ways  of  said  companies,  such  portions  of  said  embankments, 
at  all  such  points,  shall  be  kept  within  said  right  of  way  lines  by,  or 
they  shall  be  confined  between  retaining  walls  of  stone  or  brick  ma- 
sonry; Provided,  however,  that  whenever  said  retaining  walls  are  of 
insufficient  height  to  properly  protect  said  right  of  way,  and  to  prevent 
trespassing  thereon,  then  said  retaining  "walls  as  aforesaid  shall  be  sur- 
mounted with  a suitable  fence  or  railing,  but  whenever  said  retaining 
walls  are  not  used  at  all,  the  right  of  ways  of  said  companies  shall  be 
fenced  in,  or  otherwise  properly  enclosed,  in  compliance  with  the  pres- 


1933 


§ 9x7]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

ent  ordinances  of  the  city  of  Chicago  relating  to  the  fencing  of  railroad 
tracks. 

1 10.  Intersections,  bridges  and  subwaysi]  § 3.  The  said 
elevated  tracks  shall  be  carried  across  all  intersecting  streets,  avenues 
and  alleys,  which,  by  the  terms  of  this  ordinance,  are  to  be  provided 
with  subways,  on  suitable  bridges  of  one,  two,  three  or  four  spans, 
whose  superstructure  shall  consist  of  iron  or  steel  main  girders,  with 
iron  or  steel  main  floor,  or  ordinary  track  stringers ; but  should  the  lat- 
ter method  be  adopted,  some  suitable  device  shall  be  provided  to  pre- 
vent storm  water,  dirt,  oil  and  other  substances  from  dropping  from 
such  elevated  structure  upon  the  subways  beneath.  The  said  bridges 
shall  be  supported  on  abutments  of  concrete,  stone  or  brick  masonry, 
or  on  rows  of  iron  or  steel  columns,  braced  together  laterally  and 
erected  on  and  anchored  to  masonry  foundations,  constructed  within 
the  lines  of  the  railroads  right  of  way  and  in  curb  lines  of  the  intersect- 
ing avenues  and  streets. 

1 11.  Subways  to  be  constructed,  where.]  § 4-  1 i-  Subways 
shall  be  constructed  beneath  the  tracks  of  the  Atchison,  Topeka  and 
Santa  Fe  Railroad  Company,  the  Chicago,  Madison  and  Northern 
Railroad  Company,  and  the  Chicago,  Alton  and  St.  Louis  Railroad 
Company,  where  said  tracks  are  intersected  and  crossed  by  Twenty- 
second  street,  Canal  street,  Grove  street,  Wallace  street,  South  Halsted 
street,  Salt  street,  Quarry  street,  Mary  street,  Stark  street,  Throop 
street,  Farrell  street,  Bonfield  street,  South  Loomis  street,  Fuller 
street,  Church  street,  Lock  street  and  South  Ashland  avenue. 

If  12.  Subway  beneath  tracks  Atchison,  Topeka  and  Santa 
Fe  Railroad.]  1”  2.  A subway  shall  be  constructed  beneath  the 
tracks  of  the  Atchison,  Topeka  and  Santa  Fe  Railroad  Company  and 
the  Chicago,  Madison  and  Northern  Railroad  Company,  where  said 
tracks  are  intersected  and  crossed  by  Robinson  street  and  Wood  street. 

1 13.  Subways,  Chicago,  Alton  and  St.  Louis  Railroad 
Company.]  *[  3.  Subways  shall  be  constructed  beneath  the  tracks 
of  the  Chicago,  Alton  and  St.  Louis  Railroad  Company,  where  said 
tracks  are  intersected  and  crossed  by  West  Thirty-first  street,  South 
Wood  street  (West  Thirtv-third  street  and  South  Lincoln  street),  South 
Robey  street,  West  Thirty-fourth  street,  South  Ffoyne  avenue,  South 
Hamilton  avenue,  West  Thirty-fifth  street,  South  Leavitt  street  (West 
Thirty-sixth  street  and  Oakley  avenue),  Western  avenue  boulevard. 
South  Western  avenue,  Campbell  avenue  and  South  Rockwell  street. 

1 14.  Subways,  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis 
Railway  Co.,  Chicago  Terminal  Transfer  Railroad  Co.  and  Union 
Stock  Yards  and  Transit  Co.]  % 4 Subways  shall  be  constructed 
beneath  the  tracks  of  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis 
Railway  Company,  the  Chicago  Terminal  Transfer  Railroad  Company 
and  the  Union  Stock  Yards  and  Transit  Company,  where  said  tracks 
are  intersected  and  crossed  by  Bross  avenue,  West  Thirty-fifth  street, 


RAILWAYS TRACK  ELEVATION. 


1934 


[§  9*7 


West  Thirty-sixth  street,  Archer  avenue,  South  Western  avenue  and 
Western  Avenue  boulevard. 

‘ 1 15.  Subway  beneath  “Y”  tracks  at  Campbell  avenue.] 

If  .5-  A subway  shall  be  constructed  beneath  the  “Y”  tracks  of  the 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Company  and 
the  Chicago,  Alton  and  St.  Louis  Railroad  Company,  where  said  “Y” 
iracks  are  intersected  and  crossed  by  South  Campbell  avenue. 

.%  16.  Subways  to  be  constructed  jointly.]  1 6.  The  subways 
mentioned  in  section  4,  paragraph  1,  of  this  ordinance,  are  to  be  con- 
structed jointly  with  the  Atchison,  Topeka  and  Santa  Fe  Railroad 
Company, the  Chicago,  Madison  and  Northern  Railroad  Company  and 
the  Chicago,  Alton  and  St.  Louis  Railroad  Company;  and  the  Atchi- 
son, Topeka  and  Santa  Fe  Railroad  Company  shall  construct  all  that 
portion  of  said  subways  and  south  approaches  lying  south  of  its  north 
line  of  right  of  way;  and  the  Chicago,  Madison  and  Northern  Rail- 
road Company  shall  construct  all  that  portion  of  said  subways  lying 
between  its  right  of  way  lines;  and  the  Chicago,  Alton  and  St.  Louis 
Railroad  Company  shall  construct  the  remaining  portion  of  said  sub- 
ways and  north  approaches  lying  north  of  the  south  line  of  its  right  of 
way.. 

IT.  17.  Subways  Robinson  and  Wood  streets,  construction — 
joint.]  T 7.  The  subways  in  Robinson  street  and  Wood  street  men- 
tioned in  section  4,  paragraph  2,  of  this  ordinance,  shall  be  constructed 
jointly  by  the  Atchison,  Topeka  and  Santa  Fe  Railroad  Company  and 
the  Chicago,  Madison  and  Northern  Railroad  Company;  and  the  Atch- 
ison, Topeka  and  Santa  Fe  Railroad  Company  shall  construct  that 
portion  and  south  approaches  of  said  subway  lying  south  of  the  north 
line  of  its  right  of  way;  and  the  Chicago,  Madison  and  Northern  Rail- 
road Company  shall  construct  the  remaining  portion  and  north  ap- 
proaches of  said  subway  lying  north  of  the  south  line  of  its  right  of 
way. 

1 18.  Subways  constructed  jointly.]  If  8.  The  subways  in 
section  4,  paragraph  4,  of  this  ordinance  are  to  be  constructed  jointly 
with  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Com- 
pany, the  Chicago  Terminal  Transfer  Railroad  Company  and  the 
Union  Stock  Yards  and  Transit  Company;  and  the' Pittsburg,  Cin- 
cinnati, Chicago  and  St.  Louis  Railway  Company  shall  construct  all 
that  portion  of  said  subways  and  the  west  approaches  lying  west  of  its 
east  line  of  right  of  way;  and  the  Chicago  Terminal  Transfer  Railroad 
Company  shall  construct  all  that  portion  of  said  subways  lying  be- 
tween its  east  and  west  right  of  way  lines;  and  the  Union  Stock  Yards 
and  Transit  Company  shall  construct  the  remaining  portion  of  said 
subways  and  east  approaches  lying  east  of  its  west  line  of  i^ght  of 
way, 

T 19.  Subways  and  crossings,  location  of.]  If  4a.  The  sev- 
eral subways  and  street  grade  crossings,  hereinbefore  referred  to  in 


917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 


1935 


section  4 of  this  ordinance,  and  which  shall  be  constructed  with  the 
elevations  upon  which  such  tracks  are  to  be  placed,  shall,  as  to  their 
* size  and  dimensions,  locations  and  other  details,  be  in  accordance  with 
the  following  schedule: 

Subway  in  Twenty-second  street,  under  the  Atchison,  Topeka  and 

Santa  Fe  Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chi- 
cago, Alton  and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  6.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  5.7  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  to  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  east  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a 
connection  with  McGlashen  street,  and  the  new  grade  of  Twenty- 
second  street,  as  it  shall  be  changed  midway  between  the  subways  of 
the  Atchison,  Topeka  and  Santa  Fe  Railroad  and  the  Chicago  arid 
Western  Indiana  Railway;  and  the  elevation  of  the  new  grade  at  the 
point  which  is  midway  between  the  above  mentioned  subways  shall 
not  be  less  than  8.0  feet  above  city  datum;  and  the  west  approach  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street ; including  the  approach  into  Canal 
street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each,  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Canal  street,  under  the  Atchison,  Topeka  and  Santa  Fe 

Railroad,  Chicago.  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  'below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.6  feet  above  city  datum.  This  level  shall  extend  on  the  south 
10  feet  beyond  the  south  portal  of  subway,  and  on  the  north  10  feet  be- 
yond the  north  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street,  including  the  approach  into  Twenty- 
second  street  subway. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each,  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 


1936 


RAILWAYS TRACK  ELEVATION. 


[§  917 


same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Grove  street,  under  the  Atchison,  Topeka  and  Santa  Fe 
Railroad,  Chicago,  Madison  and-  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad. 

The  depression  of  street  shall  not  exceed  2.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet  be- 
yond the  south  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  streets,  including  the  approaches  of  Butler 
street  and  Twenty-third  street  on  the  south. 

Width  between  walls  of  subway,  33  feet. 

Width  oif  roadway,  28  feet  in  subway. 

Width  of  one  sidewalk  on  the  east  side  in  subway,  5 feet  wide. 
Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  11  feet. 

Subway  in  Wallace  street,  under  the  Atchison,  Topeka  and  Santa  Fe 
Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad. 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  streets,  including  the  approaches  in- 
to Archer  avenue. 

Width  between  walls  of  subway,  33  feet. 

Width  of  roadway,  28  feet  in  subway. 

Width  of  one  sidewalk  on  the  east  side  in  subway,  5 feet. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  11  feet. 

Subway  in  South  Halsted  street  under  the  Atchison.  Topeka  and 
Santa  Fe  Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chi- 
cago, Alton  and  St.  Louis  Railroad.  (Street  66  feet  wide.) 


§ 9 1 7 ] ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 


1937 


The  depression  of  street  shall  not  exceed  4.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  leet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway,  and 
about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof  to 
support  girders. 

Clear  head  room,  13  feet. 

Subway  in  Salt  street,  under  the  Atchison,  Topeka  and  Santa  Fe  Rail- 
road, Chicago,  Madison  and  Northern  Railroad,  Chicago,  Alton 
and  St.  Louis  Railroad.  (Street,  55  feet  wide.) 

The  depression  of  street  shall  not  exceed  0.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  1.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  33  feet. 

Width  of  roadway,  28  feet  in  subway. 

Width  of  one  sidewalk  on  the  east  side  in  subway,  5 feet. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

Clear  head  room,  11  feet. 

Subway  in  Quarry  street,  under  the  Atchison.  Topeka  and  Santa  Fe 
Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 


1938  RAILROADS TRACK  ELEVATION.  [§  9 1 7 

Width  of  roadway  and  sidewalks  outside  subway  shall  be  the  same 
a9  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway,  and 
about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in*  Mary  street,  under  the  Atchison,  Topeka  and  Santa  F e 
Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  55  feet  wide.) 

The  depression  of  street  shall  not  exceed  0.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  55  feet. 

Width  of  roadway,  35  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway. 
Clear  head  room,  11  feet. 

Subway  in  Stark  street,  under  the  Atchison,  Topeka  and  Santa  Fe  Rail- 
road, Chicago,  Madison  and  Northern  Railroad,  Chicago,  Alton 
and  St.  Louis  Railroad.  (Street,  60  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet,  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  in  each  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  11  feet. 

Subway  in  South  Throop  street,  under  the  Atchison,  Topeka  and  Santa 
Fe  Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chicago, 
Alton  and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 


§ 9*7] 


ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 


1939 


beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  13  feet. 

Subway  in  Farrel  street,  under  the  Atchison,  Topeka  and  Santa  Fe 
Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  45  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  45  feet. 

Width  of  roadway,  33  feet. 

Width  of  sidewalks,  6 feet  each  in  subway. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway,  and 
about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  1 1 feet. 

Subway  in  Bonfield  street,  under  the  Atchison,  Topeka  and  Santa  Fe 
Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  56  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  56  feet. 

Width  of  roadway,  36  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform-  with  the  roadway  and 
about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  11  feet. 

Subway  in  South  Loomis  street,  under  the  Atchison,  Topeka  and  San- 
ta Fe  Railroad,  Chicago,  Madison  and  Northern  Railroad  Chi- 
cago, Alton  and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 


1940 


RAILROADS TRACK  ELEVATION. 


The  depression  of  street  shall  not  exceed  3.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Fuller  street,  under  the  Atchison,  Topeka  and  Santa  Fe 

Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  streets,  including  the  approach  in- 
to Short  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks.  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof  to 
support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Church  street,  under  the  Atchison,  Topeka  and  Santa  Fe 

Railroad.  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  59  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.1  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  north. 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 


1941 


| 9!7J  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

Width  between  walls  of  subway,  59  feet. 

Width  of  roadway,  39  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 

same  as  they  now  exist. 

Clear  head  room,  11  feet 

Subway  in  Lock  street,  under  the  Atchison,  Topeka  and  Santa  he 

Railroad.  Chicago,  Madison  and  Northern  Railroad,  Chicago,  Al- 
ton and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  South  Ashland  avenue,  under  the  Atchison,  Topeka  and 

Santa  Fe  Railroad,  Chicago,  Madison  and  Northern  Railroad,  Chi- 
cago, Alton  and  St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.Q  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street;  including  the  approach  into 
May  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  13  feet. 


1942 


RAILROADS TRACK  ELEVATION. 


[§  917 


Subway  in  Robinson  street,  under  the  Atchison,  Topeka  and  Santa 

Fe  Railroad,  Chicago,  Madison  and  Northern  Railroad.  (Street, 

33  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.8  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  33  feet. 

Width  of  roadway,  25  feet  in  subway. 

Width  of  sidewalks,  4 feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform'  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Wood  street,  under  the  Atchison,  Topeka  and  Santa  Fe 

Railroad,  Chicago,  Madison  and  Northern  Railroad.  (Street, 

66  feet  wide.) 

The  depression  of  street  shall  not  exceed  7.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.2  feet*  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street;  including  the  approach  into 
West  Thirty-first  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 


Provided , however,  that  the  said  Atchison,  Topeka  and  Santa  Fe 
Railroad  Company  and  the  Chicago,  Madison  and  Northern  Railroad 
company  shall  not  be  required  to  construct  any  part  of  this  subway, 
or  to  provide  any  opening  whatever  of  this  street  across  or  through  its 
proposed  elevated  embankment  or  structure  as  required  by  the  terms 
o is  ordinance^  until  such  time  as  the  land  necessary  for  a continu- 
MpSiS  '^et  [eet  !n  width  for  at  least  one-half  of  a mile  in  length  upon 
He/1f ht  °f  Way  of  said  railway  comPany  shall  have  been 
P P y dedicated  or  condemned  for  public  street  purposes,  and  said 


1943 


§ 917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

street  shall  have  been  graded  or  otherwise  properly  prepared  for  the 
general  use  of  the  public. 

Subway  in  West  Thirty-first  street,  under  the  Chicago,  Alton  and  St. 

Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.7  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  southeast  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  streets,  including  the 
approaches  of  Robinson  street  and  Market  square. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  South  Wood  street,  under  the  Chicago,  Alton  and  St.  Louis 

Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.8  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  streets,  including  the 
approaches  into  West  Thirty-second  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Junction  subway  in  South  Lincoln  street  and  West  Thirty-third  street, 

under  the  Chicago,  Alton  and  St.  Louis  Railroad.  (South  Lincoln 

street,  66  feet  wide.)  (West  Thirty-third  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.8  feet  below  the  present 


1944 


RAILROADS TRACK  ELEVATION. 


[§  917 


surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.1  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  streets. 

Width  of  roadway,  46  feet  in  each  subway  in  South  Lincoln  street 
and  West  Thirty-third  street. 

Width  of  sidewalks,  10  feet  each  in  each  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  South  Robey  street,  under  the  Chicago,  Alton  and  St.  Louis 

Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.2  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10 jfeet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  West  Thirty-fourth  street,  under  the  Chicago,  Alton  and 

St.  Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  0.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.3  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  southwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
approach  into  Lundy’s  avenue. 


1945 


§ 9 1 7l  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  South  Hoyne  avenue,  under  the  Chicago,  Alton  and  St. 

Louis  Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.0  foot  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.4  feet  above  city  datum’.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3°  ^eet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  South  Hamilton  avenue,  under  the  Chicago,  Alton  and  St. 

Louis  Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  10.5  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
approach  into  West  Thirty-fifth  street. 

Width  between  walls  of  subway,  33  feet. 

Width  of  roadway,  25  feet  in  subway. 

Width  of  sidewalks,  4 feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

Clear  head  room,  11  feet. 

Subway  in  West  Thirty-fifth  street,  under  the  Chicago,  Alton  and  St. 

Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.4  feet  below  the  present 


1946 


RAILROADS TRACK  ELEVATION. 


[§  917 


surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.0  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  streets;  including  the 
approach  into  South  Hamilton  avenue. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  13.5  feet. 

Subway  in  South  Leavitt  street,  under  the  Chicago,  Alton  and  St. 

Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.6  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  West  Thirty-sixth  street,  under  the  Chicago,  Alton  and  St. 

Louis  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.7  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  streets,  including  the 
approach  into  Oakley  avenue. 


§917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 


1947 


Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks*  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist.  ' 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Western  Avenue  boulevard,  under  the  Chicago,  Alton  and 
St.  Louis  Railroad.  (Boulevard,  200  feet  wide.) 

The  subway  shall  be  constructed  of  such  dimensions  and  according 
to  such  plans  as  may  be  agreed  upon  between  the  South  Park  Com- 
missioners and  the  said  Chicago,  Alton  and  St.  Louis  Railroad  Com- 
pany. 

Subway  in  South  Western  avenue,  under  the  Chicago,  Alton  and  St. 
Louis  Railroad.  (Avenue,  60  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  present 
surface  of  tracks  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.9  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders.  * 

Clear  head  room,  12  feet. 

Subway  in  South  Campbell  avenue,  under  the  main  tracks  of  the  Chi- 
cago,  Alton  and  St.  Louis  Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  10.8  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
* connection  with  the  new  grade  of  South  Campbell  avenue,  as  it 
shall  be  changed  to  an  elevation  of  not  less  than  12.7  feet  above  city 
datum;  at  a point  midway  between  the  subway  under  the  Chicago,  Al- 
ton  and  St.  Louis  Railroad  Company’s  main  tracks  and  the  subway 
under  the  Chicago,  Alton  and  St.  Louis  Railroad  Company’s  “Y”  con- 


1948 


RAILROADS TRACK  ELEVATION. 


L§  917 


nection  tracks;  and  the  south  approach  shall  extend  on  a grade  of  not 
to  exceed  3.0  feet  in  100  feet  to  a connection  with  the  new  grade  of 
South  Campbell  avenue,  as  it  shall  be  changed  to  an  elevation  of  not 
less  than  12.7  feet  above  city  datum,  midway  between  the  subway  un- 
der the  Chicago,  Alton  and  St.  Louis  Railroad  Company’s  main  tracks 
and  the  subway  under  the  Pittsburg,  Cincinnati,  Chicago  and  St. 
Louis  Railway’s  “Y”  connection  tracks. 

Width  between  walls  of  subway,  50  feet. 

Width  of  roadway,  38  feet. 

Width  of  sidewalks,  6 feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

Clear  head  room,  1 1 feet. 

Subway  in  South  Campbell  avenue,  under  the  Chicago,  Alton  and  St. 

Louis  Railroad’s  “Y”  connection  tracks.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  10.8  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  south  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to 
a connection  with  the  new  grade  of  South  Campbell  avenue,  as  it  shall 
be  changed  to  an  elevation  of  not  less  than  12.7  feet  above  city  datum, 
as  hereinbefore  mentioned  in  the  details  of  subway  under  the  Chicago, 
Alton  and  St.  Louis  Railroad  Company’s  main  tracks,  and  the  north 
approach  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet 
to  a connection  with  the  present  surface  of  the  street. 

Width  between  walls  of  subway,  50  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  6 feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist.  * 

The  depression  of  sidewalk  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  11  feet. 

Subway  in  South  Campbell  avenue,  under  the  “Y”  connection  tracks 

of  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railroad. 

(Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  10.8  feet  above  city  datum.  This  level  shall  extencf  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to 
a connection  with  the  new  grade  of  South  Campbell  avenue,  as  here- 
inbefore mentioned  in  the  details  of  subway  under  the  Chicago,  Alton 


§ 917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO.  1949 

and  St.  Louis  Railroad  Company’s  main  tracks;  and  the  south  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to 
a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  50  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  6 feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room',  11  feet. 

Subway  in  South  Rockwell  street,  under  the  Chicago,  Alton  and  St. 

Louis-  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.1  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  11  feet. 

Subway  in  Bross  avenue,  under  the  Pittsburg,  Cincinnati,  Chicago  and 

St.  Louis  Railway,  Chicago  Terminal  Transfer  Railroad,  Union 

Stock  Yards  and  Transit  Company’s  Railroad.  (Avenue,  80  feet 

wide.) 

The  depression  of  street  shall  not  exceed  12.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.5  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet 
beyond  the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street,  including  the  approach  into 
South  Campbell  avenue. 

Width  between  walls  of  subway,  50  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  6 feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 


1950 


RAILRDOAS TRACK  ELEVATION. 


[§  917 


and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  West  Thirty-fifth  street,  under  the  Pittsburg,  Cincinnati, 
Chicago  and  St.  Louis  Railway,  Chicago  Terminal  Transfer  Rail- 
road, Union  Stock  Yards  and  Transit  Company’s  Railroad. 
(Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  10. 1 feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.5  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street,  including  the  approach  into 
South  Campbell  avenue. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

.Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist.' 

The  depression  of  sidewalks  shall  be  uniform'  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  13.5  feet. 

Subway  in  West  Thirty-sixth  street,  under  the  Pittsburg,  Cincinnati, 
Chicago  and  St.  Louis  Railway,  Chicago  Terminal  Transfer  Rail- 
road, Union  Stock  Yards  and  Transit  Company’s  Railroad. 
(Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  7.1  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 0.0  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west 
10  feet  beyond  the  west  portal  of  subway.  From  this  level  the  ap- 
proaches shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street,  including  the  ap- 
proach into  South  Campbell  avenue. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways, 
and  about  one  foot  above  the  evel  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Archer  avenue,  under  the  Pittsburg,  Cincinnati,  Chicago 
and  St.  Louis  Railway,  Chicago  Terminal  Transfer  Railroad, 
Union  Stock  Yards  and  Transit  Company’s  Railroad.  (Avenue, 
60  feet  wide.) 


1951 


§ 9i7] 


ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 


The  depression  of  street  shall  not  exceed  5.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.5  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewaks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  13.5  feet. 

Subway  in  South  Western  avenue,  under  the  Pittsburg,  Cincinnati, 

Chicago  and  St.  Louis  Railway,  Chicago  Terminal  Transfer  Rail- 
road, Union  Stock  Yards  and  Transit  Company’s  Railroad. 

(Avenue,  60  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  10.0  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street,  including  the  west  approach 
of  Thirty-ninth  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12  feet. 


Subway  in  Western  Avenue  boulevard,  under  the  Pittsburg,  Cincin- 
nati, Chicago  and  St.  Louis  Railway,  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  'Transit  Companys  Railroad. 
(Boulevard,  200  feet  wide.) 

This  subway  shall  be  constructed  of  such  dimensions  and  according 
to.  such  plans  as  may  be  agreed  upon  between  the  South  Park  Com- 
missioners and  the  above  mentioned  railroad  companies. 

120.  Grade  to  correspond.]  § 4b.  The  grade  of  all  the 
streets  that  intersect  the  approaches  to  subways  described  in  section  4 


1952  RAILROADS TRACK  ELEVATION.  [§  917 

of  this  ordinance  shall  be  depressed  so  as  to  conform  to  the  grade  of 
ihe  approaches  into  such  subways. 

21.  Vertical  curves.]  § 4c.  In  the  several  subways  men- 
tioned in  this  ordinance  there  shall  be  constructed  a vertical  curve 
where  the  head  of  approaches  connects  with  the  present  grade  of  street, 
and  said  vertical  curve  shall  extend  not  less  than  20  feet  each  side  of 
said  intersection  of  grades,  and  the  middle  ordinate  of  the  vertical 
curve  shall  be  equal  to  one-half  of  the  difference  between  the  elevation 
of  the  points  on  said  intersecting  grades. 

1"  22,  Excavations,  streets  to  be  restored  by  railroad  com- 
pany.] § 5.  All  such  excavations  shall  be  made  in  the  streets  as 
may  be  required  for  the  depression  of  such  subways  and  the  ap- 
proaches thereto.  But  the  depressed  portion  of  the  streets  shall  be 
restored  to  serviceable  condition  for  the  use  of  the  public  as  soon  as 
practicable,  and  all  water  pipes,  conduits,  sewers  and  other  similar  sub- 
structures belonging  to  the  city  that  may  be  disturbed  by  such  excava- 
tions or  required  to  be  moved  or  deflected  from  the  position  in  which 
they  are  found  shall  be  replaced  or  suitable  expedients  and  arrange- 
ments shall  be  devised  and  provided  to  restore  them  as  fully  as  may 
be  to  their  former  state  of  usefulness,  but  the  gradients  of  the  sewers 
shall  not  be  reduced  in  any  event.  All  such  work  shall  be  done  by 
the  respective  railroad  companies  as  indicated  in  section  4a,  at  their 
sole  expense,  and  under  the  immediate  supervision  and  to  the  satis- 
faction of  the  commissioner  of  public  works  of  the  city  of  Chicago. 
And  if  in  the  construction  of  any  of  said  subways  or  approaches  it  shall 
become  necessary  to  disturb,  remove  or  destroy  any  pipes,  conduits, 
wires  or  other  property  belonging  to  any  private  corporation  or  in- 
dividual, all  of  the  cost  and  expense  thereof  and  all  damage  thereto 
shall  be  borne  and  assumed  by  the  city  of  Chicago,  and  the  said  city 
will,  by  condemnation,  purchase  or  otherwise  secure  to  said  railway 
company  the  free  and  uninterrupted  right  to  prosecute  its  work,  and 
will  save  the  said  railway  company  harmless  from  any  and  all  claims, 
demands  and  suits  arising  therefrom,  and  all  damages  which  may  be 
recovered  therefor. 

IT  23.  Grade  of  streets  changed.]  § 6.  The  grade  of  all  the 
streets  and  alleys  in  which  any  subways  are  to  be  built,  in  accordance 
with  the  provisions  of  this  ordinance,  or  where  streets  shall  be  de- 
pressed in  accordance  with  the  provisions  of  this  ordinance  along  the 
line  of  the  several  subways,  shall  be  and  the  same  are  hereby  changed 
so  as  to  conform  to  the  grades  of  such  subways  as  they  shall  be  de- 
pressed and  constructed  pursuant  to  the  provisions  of  this  ordinance. 

f 24.  Drainage— receiving  basins.]  § 7.  Provision  shall  be 
made  for  the  drainage  of  the  several  depressed  subways  provided  for 
in  this  ordinance  by  the  construction  of  receiving  basins  properly  lo- 
cated in  or  immediately  adjacent  to  said  subways,  which  said  receivng 
basins  shall  be  connected  with,  and  discharge  their  contents  into  the 


1953 


§ 917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

adjacent  city  sewers.  In*  case  the  lowest  point  of  the  surface  of  any 
of  said  subways  should  be  below  the  grade  of  the  adjacent  sewer,  some 
other  adequate  means  of  drainage  satisfactory  to  the  commissioner  of 
public  works  must  be  devised  and  provided  by  said  railroad  companies 
at  their  expense. 

! 25.  Structural  requirements,  paving,  etc.]  § 8.  Para- 
graph 1.  The  subways  and  approaches  thereto,  so  to  be  constructed 
by  said  companies  in  said  streets  and  avenues  aforesaid,  shall  all  con- 
form to  the  following  structural  requirements,  viz:  The  roadways  shall 
be  paved  with  a single  course  of  vitrified  brick  of  standard  quality,  laid 
at  right  angles  with  the  curb  lines  and  set  upon  a solid  foundation  of 
hydraulic  cement  concrete  of  not  less  than  six  (6)  inches  thick  or  deep 
when  solidly  tamped  in  place  and  otherwise  finished  and  properly 
crowned  ready  for  the  brick  wearing  surface,  between  which  and  the 
concrete  there  shall  be  interposed  a layer  of  screened  sand  not  less 
than  one-half  inch  thick.  The  curb  shall  be  of  sound,  hard  limestone 
of  standard  dimensions  and  finish,  and  the  sidewalks  in  subways  shall 
be  finished  and  paved  with  Portland  cement  concrete  of  standard  qual- 
ity and  workmanship,  and  with  the  curbing  and  roadway  paving,  shall 
be  made,  finished  and  put  in  permanent  place  in  accordance  with  the 
requirements  of  the  department  of  public  works  of  the  city  of  Chicago. 
The  approaches  of  subways  shall  be  excavated  to  the  grade  established 
by  this  ordinance  and  shall  be  in  all  other  respects  restored  as  near 
as  may  be  their  condition  before  being  so  excavated. 

% 26.  Restoration  of  sidewalks  and  streets.]  12.  As  to  streets 
in  this  section  mentioned,  which  are  already  paved  or  provided 
with  sidewalks,  such  paving  and  sidewalks  shall  be  restored  with  the 
present  material,  when  the  same  is  in  good  condition,  by  said  railroad 
company  or  companies,  at  their  own  expense,  in  such  portions  of  said 
streets  as  are  required  to  be  constructed  by  said  company  or  com- 
panies, except  that  said  railway  company  or  companies  are  not  required 
to  restore  any  part  of  the  paving  of  approaches  or  subways,  which  it 
will  be  the  duty  of  any  street  railway  company,  or  other  corporation, 
itself  to  restore  under  existing  laws  and  ordinances. 

1 27.  Roadway,  paving  of.]  1 3.  Said  company  or  companies 
shall  pave  the  entire  length  and  width  of  the  roadway  in  su'ch  portions 
of  the  subways  as  are  required  to  be  constructed  by  said  company  or 
companies,  as  mentioned  in  this  ordinance,  except  that  such  company 
or  companies  shall  not  be  required  to  pave  any  part  of  the  subways  to 
be  occupied  by,  or  adjacent  to  street  railway  tracks,  which  by  reason  of 
existing  laws  or  ordinances  it  will  be  the  duty  of  any  street  railway 
company  or  other  corporation  itself  to  pave. 

1 28.  Grade  of  streets  — conform  to.]  1 4.  Any 

street  railway  company  occupying  any  of  the  streets  in  the 
city  of  Chicago  crossed  by  said  elevated  railway  of  either  of  said  com- 
panies, shall,  when  and  as  the  grade  of  such  street 


1954 


RAILROADS TRACK  ELEVATION. 


shall  be  changed,  as  in  this  ordinance  provided,  at  its  own  expense, 
without  claim  for  damages,  conform  the  grade  of  its 
track  or  tracks  to  the  said  change  of  grade  of  said  streets,  and  nothing 
in  this  ordinance  shall  operate  or  be  held  to  relieve  such  street  railway 
companies  from  any  liability  now  existing,  however  created,  to  pave  or 
bear  the  expense  of  paving  such  streets  between  or  on  either  side  of 
the  rails  of  its  said  tracks,  in  the  .manner  and  form  as  now  required. 

1 29.  Subways,  paving  of  when,  notice  to.]  T 5. 

Whenever  the  elevated  tracks  and  roadbed,  constructed  under 
and  in  accordance  with  the  provisions  of  this  ordinance,  shall  pass  over 
any  street,  alley,  avenue  or  public  way,  at  which,  according 
to  the  terms  of  this  ordinance,  a subway  is  required  to*  be  constructed 
by  said  railway  company  or  companies,  which  street, 

alley,  avenue  or  public  way  shall  not  already  be  paved  or  provided  with 
sidewalks  at  the  time  of  such  construction,  and  for 
which  pavement  or  sidewalks  no  ordinance  shall  have  been  passed  by 
the  city  council  of  the  city  of  Chicago,  then  and  in 

that  case  the  paving  of  such  subway  shall  be  delayed  until  the  improve- 
ment of  the  portions  of  the  street  contiguous  shall  be  ordered  by  the 
city  council  and  the  contract  therefor  shall  be  let.  Thereupon,  on  no- 
tice from  the  commissioner  of  public  works,  said  company  or  com- 
panies shall  proceed  at  once  with  the  work  of  paving,  or  with  the  con- 
struction of  the  sidewalks  in  accordance  with  the  provisions  of  section 
8,  and  paragraphs  i to  4,  inclusive,  of  this  ordinance.  Should  any 
company,  after  such  notice,  fail  or  neglect  so  to  proceed  with  its  work, 
the  commissioner  of  public  works  of  the  city  of  Chicago  shall  have 
and  is  hereby  given  the  right,  power  and  authority  to  take  charge  of 
and  cause  such  work  to  be  done,  and  the  expense  thereof  shall  there- 
upon be  paid  by  such  delinquent  company. 

T 30.  Incidental  or  consequential  damages,  etc.  ] 1 6. 

Nothing  in  this  ordinance  contained  shall  be  so  construed 
as  to  require  the  said  railway  companies,  or  either  of  them, 
to  assume,  or  pay,  any  incidental  or  consequential 

damages  to  adjacent  property  or  business  caused  by  the  passage  and 
enforcement  of  this  ordinance,  or  by  the  excavation,  depres- 
sion or  change  of  grade  made  in  any  of  the  public  avenues, 
streets  or  alleys,  or  to  defend  any  suit  or  suits  which  may  be  brought 
against  any  party  or  parties  for  the  recovery  of  any  such  damages,  but 
it  is  understood,  and  the  city  of  Chicago  hereby  agrees,  that  all  such 
damages,  if  there  are  any,  shall  be  adjusted  and  paid  by  the  city  of  Chi- 
cago, and  said  city  will  assume  the  defense  of  any  and  all  suits  brought 
for  the  recovery  of  the  same,  intervening  therein,  if  necessary  for  the 
purpose,  and  will  wholly  relieve  said  railway  companies  from  defend- 
ing the  same,  and  will  assume  and  pay  all  judgments  recovered  there- 
in. The  above  stipulations  in  this  paragraph  are,  however,  upon  the 
condition  precedent  that,  in  case  any  suit  be  brought  against  any  of 
said  companies,  said  company  will,  before  the  last  day  to  plead  therein, 


1 917] 


ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 


1955 


give  notice  in  writing  of  such  suit  and  of  such  service  to  the  mayor  and 
the  corporation  counsel  of  said  city,  for  the  purpose  of  enabling  such 
defense  to  be  made  by  the  city. 

1"  31.  Commissioner  of  public  works  to  superintend,  ap- 
proval and  submission  of  plans.]  § 9.  All  the  work  hereinbe- 
fore in  this  ordinance  required  to  be  done  by  said  company  or  com- 
panies, upon  or  in  connection  with  the  public  avenues  and  streets  of 
the  city,  shall  be  done  and  performed  under  the  superintendence  and 
subject  to  the  inspection  and  approval  of  the  commissioner  of  public 
works  of  said  city.  At  least  ten  (10)  days  prior  to  the  commencement 
of  any  part  of  such  work,  the  plans  and  specifications  therefor  shall  be 
submitted  to  said  commissioner  of  public  works  for  his  examination, 
and  if  found  to  be  in  accordance  with  the  provisions  of  this  ordinance, 
in  so  far  as  this  ordinance  contains  specific  provisions,  and  in  the  ab- 
sence of  such  specific  provisions  if  they  shall  be  satisfactory  to  the 
commissioner  of  public  works  in  regard  to  matters  and  details,  which 
by  this  ordinance  are  left  to  his  discretion  and  judgment,  such  plans 
shall  be  approved  by  him,  and  after  such  approval,  all  of  the  work  out- 
lined and  included  therein  shall  be  constructed  in  strict  conformity 
therewith. 

If  32.  Permission  to  obstruct  streets.]  § 10.  Permission 
and  authority  are  hereby  given  to  said  companies,  whenever  the  same 
shall  be  necessary  in  the  prosecution  of  the  work  which  they  are  here- 
in authorized  or  required  to  perform,  to  obstruct  temporarily,  any  pub- 
lic street,  avenue  or  alley  to  such  extent,  and  for  such  length  of  time 
as  may  be  approved  by  the  commissioner  of  public  works,  and  they  are 
also  hereby  authorized,  whenever  the  same  shall  become  necessary  to 
erect  and  maintain  temporary  structures  and  false  work  in  any  of  said 
streets  and  avenues  during  the  construction  of  their  said  elevated  rail- 
way tracks,  subject  to  like  approval  of  the  commissioner  of  public 
works 

1 33.  Ordinances  as  to  speed,  gates,  signals  and  watch- 
men, to  cease.  Trespass.]  §11.  When  the  said  railroads,  in  sec- 
tion 1 of  this  ordinance  mentioned,  shall  have  elevated  their  respective 
tracks  in  accordance  with  this  ordinance,  so  that  the  same  shall  be 
ready  for  use,  then  and  thereupon  all  provisions  of  the  ordinances  of 
the  city  of  Chicago  relating  to  the  speed  of  railway  trains,  the  length 
of  trains,  the  number  of  cars  to  constitute  a train,  and  the  mainte- 
nance of  gates,  flagmen,  watchmen,  signals  and  sienal  towers,  and  the 
ringing  of  bells  shall  cease  to  be  applicable  to  said  railroad  ; Provided', 
however,  that  this  ordinance  is  not  to  be  construed  as  a waiver  or  sur- 
render by  the  city  of  Chicago  of  any  of  its  police  powers  or  of  the  right 
at  any  time  hereafter  to  pass  necessary  and  reasonable  police  ordi- 
nances in  relation  to  the  matters  last  above  enumerated.  After  such 
elevation  it  shall  be  unlawful  for  any  person  or  persons,  save  employes 
of  said  companies,  or  either  of  them,  in  the  discharge  of  their  duties,  to 
enter  or  be  upon  or  to  walk  along  or  across  the  said  elevated  struc- 


1956 


RAILROADS — TRACK  ELEVATION. 


[§  9*7 


ture  or  roadway  at  any  place.  If  any  person  shall  wilfully  trespass 
upon  said  elevated  roadway,  such  person  and  all  others  aiding,  abetting 
or  assisting  therein  shall  be  liable  to  a fine  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  for  each  and  every  offense. 

1 34.  Plans,  submission  of,  when.]  § 12.  Said  railway  com- 
pany or  companies  mentioned  in  this  ordinance  shall  at  least  ten  (10) 
days  prior  to  the  commencement  of  any  part  or  parts  of  said  work 
submit  to  the  commissioner  of  public  works,  for  his  approval,  complete 
plans  and  specifications  of  said  part  or  parts  of  said  proposed  work, 
for  the  purpose  of  ascertaining  whether  the  same  are  in  strict  compli- 
ance with  the  provisions  of  this  ordinance;  and  after  the  approval  of 
all  such  plans  and  specifications  by  the  commissioner  of  public  works, 
all  of  said  work  shall  be  constructed  in  strict  accordance  therewith,  and 
to  the  entire  satisfaction  of  the  commissioner  of  public  works,  and  not 
otherwise,  except  as  herein  otherwise  provided. 

T 35.  Work  when  commenced.  Prosecution  of.  When 
completed  city  may  intervene.]  § 13.  The  railway  companies 
mentioned  in  section  1 of  this  ordinance,  and  which  are  required  to 
elevate  their  tracks,  shall  commence  the  work  of  such  elevation  on  or 
before  the  first  day  of  May,  1898;  Provided,  this  ordinance  shall  have 
been  accepted  by  the  said  railway  companies  hereby  required  to  ele- 
vate their  tracks,  and  after  such  work  has  been  commenced  the  same 
shall  be  prosecuted  continuously  and  with  all  practicable  diligence, 
and  shall  be  fully  and  finally  completed  within  two  vears  from  said  May 
I,  1898;  unless  prevented  by  strikes  or  riots  or  restrained  by  injunction 
or  other  order  or  process  of  a court  of  competent  jurisdiction;  the  time 
during  which  said  railway  companies  shall  be  so  prevented,  as  afore- 
said, shall  be  added  to  the  time  hereby  added  for  the  completion  of 
said  work;  Provided,  said  railway  companies  give  notice  to  the  cor- 
poration counsel  of  the  city  of  Chicago  of  the  institution  of  said  legal 
proceedings.  The  city  of  Chicago  shall  thereupon  have  the  right  to 
intervene  in  any  suit  or  proceeding  brought  by  any  person  or  persons 
seeking  to  enjoin  or  restrain,  or  in  any  manner  interfere  with  the  pros- 
ecution of  said  work,  and  move  for  a dissolution  of  such  injunction 
and  restraining  order,  and  for  any  other  proper  order  in  such  suit. 

And  it  is  further  distinctly  understood  and  agreed  that  if  said  rail- 
way companies,  or  either  of  them,  shall  be  delayed  in  the  prosecution 
of  the  said  work  required  to  be  done  under  the  provisions  of  this  ordi- 
nance, by  reason  of  the  obstruction  of  pipes,  conduits,  wires  or  other 
property  of  private  corporations  or  individuals,  as  mentioned  in  section 
5 of  this  ordinance,  or  by  reason  of  any  delay  on  the  part  of  the  city 
of  Chicago,  or  of  any  of  its  officers  in  performing  the  duties  imposed 
upon  the  city  and  its  officers  by  this  ordinance  in  respect  to  the  work 
herein  required  to  be  done  by  said  railway  companies  respectively,  then 
and  in  that  case  the  time  which  said  railway  companies  or  either  of 
them  shall  be  so  delayed,  shall  be  added  to  the  two  years  from  May  1st, 


§ 917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 


1957 


1898,  during  which  said  companies  are  required  by  the  terms  of  this 
ordinance  to  complete  said  work.  . 

T 36.  Condition  — time,  failure,  notice,  etc.l  § 14.  Each 
of  the  companies  required  by  this  ordinance  to  elevate  its  tracks  shall 
do  its  portion  of  the  work  in  accordance  with  the  terms  hereof,  in  apt 
and  proper  time,  so  as  not  to  interfere  with  the  proper  and  orderly 
prosecution  of  such  work  as  a whole.  Should  either  of  the  companies 
mentioned  in  section  1 of  this  ordinance  fail  or  neglect  so  to  prosecute 
its  work  the  commissioner  of  public  works  of  the  city  of  Chicago  shall 
have  and  is  hereby  given  the  right,  power  and  authority  to  give  ten 
days’  notice  in  writing  to  said  delinquent  company  to  prosecute  its 
work.  If  such  company  shall  fail  or  neglect  to  comply  with  said  no- 
tice, the  commissioner  of  public  works  may  take  charge  of  and  cause 
such  work  to  be  done,  and  the  expense  thereof  shall  thereupon  be  paid 
by  such  delinquent  company 

1 37.  Dedication  for  street.]  § 15.  In  consideration  of  the 
right  and  privileges  hereby  granted  to  the  Pittsburg,  Cincinnati,  Chi- 
cago and  St.  Louis  Railway  Company  said  railway  company  shall  with- 
in three  months  after  the  passage  of  this  ordinance,  procure  and  dedi- 
cate for  the  purpose  of  a public  street  the  following  described  property, 
namely: 

A strip  of  ground  fifty (50) feet  in  width  of  lot  one(i)in  subdivisions 
of  lots  twenty-two  (22),  twenty-seven  (27)  and  thirty  (30),  town  of 
Brighton,  in  the  southeast  quarter  (S.  E.  %)  of  section  thirty-six  (36), 
town  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third  (3d) 
principal  meridian;  lying  west  of  and  adjoining  a line  deflected  from  a 
point  in  the  west  line  of  the  present  Campbell  avenue;  in  a northwest- 
erly direction  to  a point  in  the  south  line  of  Thirty-sixth  street,  thirty- 
four  (34)  feet  east  of  the  east  line  of  the  north  and  south  alley  as  opened 
in  the  subdivision  of  lots  twenty-two  (22),  twenty-seven  (27)  and  thirty 
(30),  town  of  Brighton,  above  described,  also  the  west  thirty  (30)  feet 
of  lots  fifty-nine  (59)  to  eighty-two  (82),  both  inclusive,  in  the  subdi- 
vision of  lots  one  (1)  to  twenty  (20),  both  inclusive,  in  the  town  of 
Brighton;  also  the  west  fifty  (50)  feet  of  the  east  one  hundred  and 
forty-two  (142)  feet  of  blocks  thirty-six  (36),  thirty-seven  (37)  and  that 
part  of  block  thirty-eight  (38)  lying  south  of  alley;  also  the  fifty  (50) 
feet  of  that  part  of  block  thirty-eight  (38)  north  of  alley,  lying  within 
the  east  and  west  lines  of  said  fifty  (50)  feet  strip  south  thereof,  hereto- 
fore described,  produced  straight  north  across  said  part  of  b’ock  thirty- 
eight  (38),  north  of  alley,  to  Brass  avenue;  all  of  and  in  S.  J.  Walker’s 
subdivision  of  that  part  south  of  the  Illinois  and  Michigan  canal,  of  the 
northwest  quarter  (N.  W.  Y\)  section  thirty-one  (31),  township  thirty- 
nine  (39)  north,  range  fourteen  (14)  east  of  the  third  principal  meri- 
dian; also  that  part,  south  of  canal  of  the  east  half  (E.  y2)  northeast 
quarter  (N.  E.  %)  section  thirty-six  (36),  township  thirty-nine  (39) 
north,  range  thirteen  (13)  east  of  the  third  (3d)  principal  meridian. 


1958 


RAILROADS TRACK  ELEVATION. 


If  38.  Condemnation,  costs  of.]  In  case  said  Pittsburg,  Cincin- 
nati, Chicago  and  St.  Louis  Railway  Company  shall  be  unable 
to  purchase  said  property,  or  any  part  thereof  described  in  section  15, 
at  a price  deemed  by  said  railway  company  to  be  reasonable,  then  the 
same  shall  be  condemned  by  the  city  of  Chicago  for  street  purposes, 
and  the  compensation  and  damages  awarded  in  such  proceedings,  in- 
cluding court  costs  and  all  other  expenses  of  litigation  that  may  be  in- 
curred in  such  condemnation  proceedings,  shall  be  paid  by  said  Pitts- 
burg, Cincinnati,  Chicago  and  St.  Louis  Railway  Company,  and  said 
company  shall  have  the  right  to  take  part  in  said  condemnation  pro- 
ceedings in  behalf  of  the  city  by  counsel  specially  employed  by  it,  and 
shall  have  the  right  to  have  all  witnesses  that  it  may  name  called  to 
testify  in  said  condemnation  proceedings. 

If  39.  Opening  and  extension  of  streets;  waiver  of  compensa- 
tion; bridges,  etc.]  § 16.  In  consideration  of  the  acceptance  of  this 
ordinance  by  the  several  railway  companies  mentioned  in  this  ordinance, 
it  is  hereby  agreed  that  if  the  city  of  Chicago  shall  at  any  time  hereafter 
open  and  extend  any  street  or  streets,  avenue,  alley  or  public  way 
across  the  right  of  way  and  lands  of  said  company,  such  crossing  shall 
be  made  by  subway  only  and  no  claim  for  compensation  on  account  of 
land  taken  for  right  of  way  of  such  street  or  streets,  avenue  or  alley 
or  public  way,  will  be  made  by  said  railway  company,  and  such  waiver 
of  compensation  shall  attach  to  and  run  with  such  land  in  the  hands  of 
any  grantee  or  grantees  of  such  railway  company,  but  the  sole  cost  and 
expense  of  the  construction  of  such  subway  or  subways  and  of  such 
bridge  or  bridges  as  may  be  necessary  to  carry  all  the  tracks  on  said 
company’s  lands  and  right  of  way,  and  over  such  highways,  shall  be 
borne  and  paid  by  the  city  of  Chicago  without  expense  to  said  railway 
company  mentioned  in  this  ordinance,  and  in  no  case  shall  any  such 
bridge  or  bridges  or  such  subway  or  subways  so  to  be  built  be  inferior 
in  any  respect  to  the  bridges  and  subways  to  be  built  by  the  railway 
company  across  the  streets  provided  for  in  this  ordinance.  Such 
bridges  shall  conform  to  the  general  plan  of  the  bridges  provided  for 
in  this  ordinance,  except  as  to  such  changes  in  the  details  thereof  as 
may  be  agreed  upon  by  the  city  engineer  of  the  city  of  Chicago  and 
the  chief  engineer  of  said  railway  company;  but  in  all  other  respects 
such  crossing  shall  be  constructed  in  accordance  with  the  provisions 
thereof  in  respect  to  the  streets  named  in  this  ordinance.  The  work 
of  such  construction  shall  be  done  by  the  railway  company,  and  the 
amount  to  be  paid  by  the  city  for  such  work  and  construction  shall 
not  exceed  the  actual  and  reasonable  cost  thereof.  Said  bridges  re- 
spectively, shall  support  all  the  tracks  of  said  company  then  existing 
and  in  use  across  the  lines  of  the  proposed  street  or  streets  at  the  time 
of  the  construction  of  such  subway  across  such  right  of  wav  of  said 
company;  but  said  railway  companv  shall  not  be  required  to  do  any 
work  toward  the  construction  of  any  such  subway  or  subways  until 
the  cost  thereof,  as  may  be  estimated  by  the  city  engineer  and  chief 


1959 


§ 917]  ATCHISON,  TOPEKA  AND  SANTA  FE  RAILROAD  CO. 

engineer  of  said  railway  company,  shall  have  been  first  paid  over  to 
said  railway  company,  or  deposited  in  some  responsible  bank  for  its 
benefit  and  to  be  paid  over  to  it  at  once  upon  the  completion  ot  said 
work. 

40.  When  in  force;  companies  to  file  agreements.]  §17-  This 
ordinance  shall  take  effect  from  and  after  its  passage,  approval  and  pub- 
lication; Provided,  however,  this  ordinance  shall  be  null  and  void  un- 
less each  and  every  one  of  said  companies  which  are  by  this  ordinance 
permitted  and  required  to  elevate  their  railroad  tracks,  shall  through 
their  authorized  officers  file  with*  the  mayor  of  the  city  of  Chicago, 
within  thirty  days  from  the  passage  and  approval  by  the  mayor  of  this 
ordinance,  agreement  or  agreements,  duly  executed, whereby  said  rail- 
way companies  shall  undertake  to  do  and  perform  all  the  matters  and 
things  required  of  them  respectively  by  this  ordinance.  After  the 
filing  of  said  agreement  or  agrements  by  said  companies,  and  not 
before,  this  ordinance  shall  not  be  materially  modified  or  amended 
without  the  consent  of  either  company  affected  by  any  proposed  modi- 
fication, unless  said  company  or  companies  shall  be  in  default  in  the 
performance  of  the  several  matters  and  things  required  by  this  ordi- 
nance and  undertaken  to  be  done  by  such  agreement. 


1960  H RAILROADS — TRACK  ELEVATION. 


[§  9l8 


CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  COM- 
PANY. 


§ 918.  Chicago,  Burlington  and  Quincy  Railroad  Company  and 
other  companies. 


If  1.  Manner  and  conditions.  _ _ _ . 

If  2 Chicago  & N.  W.  Ry.  Co.,  Chicago,  T.  T.  Ry.  Co.,  and 
burgh  C.  C.  & St.  L.  Ry.  Co.  tracks. 

If  3.  Chicago,  B.  & Q.  R*  R.  Co.,  tracks, 
i 4.  Route— gradient. 

If  5.  Chicago,  T.  T.  R.  R.  Co.,  gradient. 

If  6.  “Y”  connecting,  route  and  gradient. 

^ 7.  A.  T.  & S.  F.  Gradient. 

If  8.  “Y”  Elevation,  permission  for. 

if  9.  Change  of  location. 

If  10.  Top  rail 

IT  1 0a.Obstruction  may  be  moved. 


If  11.  Embankments,  how  constructed. 

If  12.  Authority  given  to  elevate  tracks  upon  open  trestle. 
If  13!  Intersecting  streets,  superstructures,  subways, 
f 14.  Subways  to  be  constructed,  where. 

If  15.  Subways,  location  of. 

If  16.  Subways,  where. 

If  17.  Southwestern  Ave.,  subways  at. 

If  18.  Subways,  who  shall  contruct. 

If  19.  Viaduct  at  Western  Ave.  and  Eighteenth  Street. 


Pltti- 


f 20.  Grade  crossing,  Loomis  Street. 

If  21.  Subways  at  W.  Twelfth  Street,  to  be  revised, 
i 22.  Schedule  of  subways,  viaducts  and  crossings. 

If  23.  Intersecting  streets,  grade  of. 
f 24.  Approaches,  vertical  curves, 
f 25.  Excavations,  restoration  of  streets. 

If  26.  Grade  of  streets  changed,  where. 

If  27.  Receiving  basins,  drains. 

If  28.  Subways,  structural  requirements  of. 

If  29.  Streets  and  sidewalks  to  be  restored. 

If  30.  Subways,  paving  of. 
f 31.  Street  railways  to  conform  to  grade, 
i 32.  Paving  to  be  delayed  when. 

If  33.  Damages  to  adjacent  property,  city  to  adjust, 
i 34.  Superintendence,  inspection  and  approval  of  wofli 
If  35.  Ordinances  repealed,  exceptions. 

If  36.  Permission  to  obstruct,  when.  # 

If  37.  Ordinances  as  to  speed,  trains,  gates,  watchmen  and  signals 
to  cease,  when. 

If  38.  Consideration  of  acceptance,  additional  subways,  expense  of. 

if  39.  Elevated  railway  crossings,  requirements  of. 

if  40.  Commencement  and  termination  of  work. 

if  41.  Work,  how  to  be  prosecuted,  failure  or  negligence. 

if  42.  To  be  completed,  when. 

If  43.  Consideration,  dedication  of  streets,  condemnation, 
if  44.  When  in  force,  conditions. 


§ 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO. 


1901 


An  ordinance  requiring  the  elevation  of  the  plane  of  the  roadbed  and  track:* 
of  the  Chicago,  Burlington  & Quincy  Railroad  Company,  the  Chicago  Ac 
Northwestern  Railway  Company,  the  Chicago  Terminal  Transfer  Rail- 
road Company,  the  Pittsburgh,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company,  the  Union  Stock  Yards  & Transit  Company,  and  the  Atchison, 
Topeka  & Santa  Fe  Railroad  Company,  respectively,  to  change  the  plane 
of  certain  of  their  tracks  within  the  city  of  Chicago,  thereby  to  eliminate 
the  grade  crossings  of  the  tracks  of  the  Chicago,  Burlington  & Quincy 
Railroad  Company  with  the  tracks  of  the  Pittsburgh,  Cincinnati,  Chicago 
& St.  Louis  Railway  Company  and  the  Union  Stock  Yards  & Transit 
Company  and  the  Chicago  Terminal  Transfer  Railroad  Company,  at  a 
point  about  600  feet  southwest  of  the  intersection  of  West  Eighteenth 
street  and  Western  avenue,  as  measured  along  the  tracks  of  the  Chicago. 
Burlington  & Quincy  Railroad  Company  in  said  city.  (Passed  Jan.  24, 
1898.) 

T 1.  Manner  and  conditions.]  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § i.  That  the  Chicago,  Burlington 

and  Quincy  Railroad  Company,  the  Chicago  and  Northwestern  Rail- 
way Company,  the  Chicago  Terminal  Transfer  Railroad  Company,  the 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Company,  the 
Union  Stock  Yards  and  Transit  Company  and  the  Atchison,  Topeka 
and  Santa  Fe  Railroad  Company  are  all  hereby  ordered  and  required 
to  change  the  plane  of  certain  of  their  tracks.  The  Chicago  Terminal 
Transfer  Railroad  Company,  the  Chicago  and  Northwestern  Railway 
Company,  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway 
Company  and  the  Union  Stock  Yards  and  Transit  Company’s  Rail- 
road are  to  be  elevated,  while  the  tracks  of  Chicago,  Burlington  and 
Quincy  Railroad  Company  are  to  be  depressed,  within  certain  limits, 
in  manner  and  upon  such  conditions  hereinafter  specified,  that  is  to 
say: 

Tf  2.  Chicago  & N.  W.  Ry.  Co.,  Chicago  T.  T.  Ry.  Co.  and 
Pittsburg,  C.,  C.  & St.  L.  Ry.  Co.  Tracks.]  Paragraph  i. 
The  Chicago  and  Northwestern  Railway  Company,  the  Chicago  Ter- 
minal Transfer  Railway  Company  and  the  Pittsburg,  Cincinnati,  Chi- 
cago and  St.  Louis  Railway  Company  shall  begin  the  elevation  of  their 
roadbeds  and  tracks  at  the  most  desirable  point  north  of  West  12th 
street  on  the  existing  elevated  roadbeds  and  tracks  of  said  railway 
companies;  from  said  initial  point  said  elevated  roadbeds  and  tracks 
shall  continue  in  a southerly  and  easterly  direction,  and  on  the  most 
suitable  gradient  convenient  and  practicable  to  said  railway  companies, 
to  a point  about  on  the  south  line  of  West  12th  street,  where  an  eleva- 
tion of  not  less  than  22.5  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbeds  and  tracks  of  said  railway  companies 
shall  continue  iri  a southerly  and  easterly  direction  for  a distance  of 
about  1,300  feet  to  a point  about  on  the  south  line  of  Ogden  avenue 
boulevard,  where  an  elevation  of  not  less  than  22.5  feet  above  city  da- 
tum shall  be  attained;  thence  said  elevated  roadbeds  and  tracks  of  the 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Company,  the 
Chicago  Terminal  Transfer  Railroad  Company  and  the  Union  Stock 
Yards  and  Transit  Company  shall  continue  in  a southerly  direction  and 


1962 


RAILROADS TRACK  ELEVATION. 


[§  9l8 


on  an  ascending  gradient  of  about  .18  per  centum  for  a distance  of 
about  2,200  feet  to  a point  about  on  the  north  line  of  the  right  of  way 
of  the  Chicago,  Burlington  and  Quincy  Railroad  Company,  where  an 
elevation  of  not  less  than  26.5  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbeds  and  tracks  of  said  last  mentioned  rail- 
road companies  shall  continue  in  a southerly  direction  on  a level  grade 
for  a distance  of  about  85  feet  to  a point  about  on  the  south  line  of  the 
right  of  way  of  said  Chicago,  Burlington  and  Quincy  Railroad  Com- 
pany; and  crossing  in  said  last  mentioned  course  above  and  over  the 
proposed  depressed  tracks  of  said  Chicago,  Burlington  and  Quincy 
Railroad,  as  hereinafter  described  in  section  1,  paragraph  2;  thence  said 
elevated  roadbeds  and  tracks  of  said  railway  companies  shall  continue 
in  a southerly  direction  and  on  a descending  gradient  of  about  .08  per 
centum  for  a distance  of  about  1,000  feet  to  a point  about  on  the  north 
line  of  West  21st  street,  where  an  elevation  of  not  less  than  25.7  feet 
above  city  datum  shall  be  attained;  thence  said  elevated  roadbeds  and 
tracks  of  said  railway  companies  shall  continue  in  a southerly  direction 
and  on  a descending  gradient  of  about  .14  per  centum  for  a distance  of 
about  1,400  feet  to  a point  about  on  the  south  line  of  West  23rd  street, 
where  an  elevation  of  not  less  than  23.7  feet  above  city  datum  shall  be 
attained;  thence  said  elevated  roadbeds  and  tracks  of  said  railway  com- 
panies shall  continue  in  a southerly  direction  and  on  a descending 
gradient  of  about  .13  per  centum  for  a distance  of  about  1,900  feet  to 
a point  about  on  the  north  line  of  West  26th  street,  where  an  elevation 
of  not  less  than  21.2  feet  above  city  datum  shall  be  attained;  thence 
said  elevated  roadbed  and  tracks  of  said  railway  companies  shall  con- 
tinue in  a southerly  direction  and  on  a descending  gradient  of  about 
.04  per  centum  for  a distance  of  about  2,640  feet  to  a connection  with 
the  present  elevated  roadbeds  and  tracks  of  said  railway  companies 
near  the  north  line  of  West  31st  street;  and  crossing  at  grade  in  said 
mentioned  course  the  proposed  elevated  roadbed  and  tracks  of  the 
Atchison,  Topeka  and  Santa  Fe  Railroad  Company,  as  hereinafter  de- 
scribed in  section  1,  paragraph  4. 

1 3.  Chicago,  B.  & Q.  R.  R.  Co.  Tracks.]  Paragraph  2.  Be- 
ginning at  the  most  desirable  point  6n  the  existing  tracks  of  the  said 
Chicago,  Burlington  and  Quincy  Railroad  Company,  where  same 
crosses  underneath  the  tracks  of  the  Chicago  and  Western  Indiana 
Railroad  and  Belt  Railway  of  Chicago,  where  same  is  now  located  at 
the  west  line  of  the  city  limits,  the  roadbed  and  tracks  of  the  said  Chi- 
cago, Burlington  and  Quincy  Railroad  Company  shall  rise  on  the 
most  suitable  gradient  convenient  and  practicable  to  said  railroad  com- 
pany, to  a point  about  on  the  west  line  of  South  Forty-second  avenue, 
where  an  elevation  of  not  less  than  30.10  feet  above  city  datum  shall 
be  attained;  thence  said  elevated  roadbed  and  tracks  shall  continue  in 
a northeasterly  direction  and  on  a descending  grade  of  .16  per  centum 
for  a distance  of  about  2,700  feet  to  a point  about  on  east  line  of  South 
Hamlin  avenue,  where  an  elevation  of  not  less  than  25.6  feet  above 


9 1 8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO. 


iocs 


city  datum  shall  be  attained;  thence  said  elevated  roadbed  and  tracks 
shall  continue  in  a northeasterly  direction  and  on  a descending-  grade 
of  about  .04  per  centum  for  a distance  of  about  5,990'  feet  to  a point 
about  on  the  east  line  of  Southwest  boulevard,  where  an  elevation  of 
not  less  than  23.2  feet  above  city  datum  shall  be  attained;  thence  said 
elevated  roadbed  and  tracks  shall  continue  in  a northeasterly  direction 
and  on  a descending  grade  of  about  .06  per  centum  for  a distance  of 
about  940  feet  to  a point  about  on  west  line  of  California  avenue,  where 
an  elevation  of  not  less  than  22.6  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  a northeast- 
erly direction,  and  they  may  descend  on  the  most  suitable  gradient 
convenient  and  practicable  to  said  railway  companv,  to  a point  about 
on  west  line  of  the  right  of  way  of  the  Pittsburg.  Cincinnati,  Chicago 
and  St.  Louis  Railway  Company,  where  the  tracks  of  said  company 
are  now  located,  in  South  Campbell  avenue,  and  which  tracks  are  to 
be  elevated,  as  hereinbefore  described  in  section  1,  paragraph  1,  of  this 
ordinance;  and  the  elevation  of  said  depressed  roadbed  and  tracks  of 
said  Chicago,  Burlington  and  Quincy  Railroad  Company  shall  not  ex- 
ceed 9.0  feet  above  city  datum;  thence  said  roadbed  and  tracks  shall 
continue  in  a northeasterly  direction  and  on  a level  grade  to  east  right 
of  way  line  of  Union  Stock  Yards  and  Transit  Company,  where  an 
elevation  of  not  less  than  9.0  feet  above  city  datum  shall  be  attained, 
and  crossing  in  said  last  mentioned  course  underneath  the  proposed 
elevated  roadbeds  and  tracks  of  Pittsburg,  Cincinnati,  Chicago  and 
St.  Louis  Railway  Company,  Chicago  Terminal  Transfer  Railroad 
Company  and  the  tracks  of  the  Union  Stock  Yards  and  Transit  Com- 
pany; thence  said  roadbed  and  tracks  of  the  Chicago,  Burlington  and 
Quincy  Railroad  Company  shall  continue  in  a northeasterly  direction 
and  on  an  ascending  gradient  of  about  .04  per  centum  for  a distance 
of  about  650  feet  to  a point  about  on  the  east  line  of  South  Western 
avenue,  which  point  shall  be  east  of  the  proposed  viaduct  in  South 
Western  avenue;  thence  said  roadbed  and  tracks  of  said  Chicago,  Bur- 
lington and  Quincy  Railroad  Company  shall  continue  in  a northeast- 
erly direction,  and  may  rise  on  the  most  suitable  gradient  convenient 
and  practicable  to  .said  railroad  company,  to  a point  on  the  west  line  of 
Lincoln  street,  where  an  elevation  of  not  less  than  18.7  feet  above 
city  datum  shall  be  attained ; thence  said  elevated  roadbeds  and  tracks 
shall  continue  in  an  easterly  direction  and  on  an  ascending  gradient 
of  about  .30  per  centum  for  a distance  of  about  660  feet,  to  the  west 
line  of  Wood  street,  where  an  elevation  of  not  less  than  20.5  feet  above 
city  datum  shall  be  attained;  thence  said  elevated  roadbeds  and  tracks 
shall  continue  in  an  easterly  direction  and  on  a level  grade  for  a dis- 
tance of  about  1,430  feet,  to  the  east  line  of  Ashland  avenue,  where  an 
elevation  of  not  less  than  20.5  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbeds  and  tracks  shall  continue  in  an  easterly 
direction  and  on  a descending  gradient  of  about  .23  per  centum  for  a 
distance  of  about  630  feet,  to  a point  about  on  the  east  line  of  Laflin 


1964 


RAILROADS TRACK  ELEVATION. 


[§  91* 


street,  where  an  elevation  of  not  less  than  19  feet  above  city  datum 
shall  be  attained;  thence  said  elevated  roadbeds  and  tracks  shall  con- 
tinue in  an  easterly  direction,  and  they  may  descend  on  the  most  suit- 
able gradient  convenient  and  practicable  to  said  company,  to  a con- 
nection with  their  present  roadbed  and  tracks. 

H 4.  Route  and  gradient.]  Paragraph  3.  From  a point  on  the  pro- 
posed elevated  roadbed  and  tracks  of  the  said  Chicago  and  Northwest- 
ern Railway  Company,  and  where  same  diverges  to  the  east  from  the 
tracks  of  the  Pittsburg,  Cincinnati,  Chicago'  and  St.  Louis  Railway 
Company,  immediately  north  of  Ogden  avenue,  and  which  tracks  are 
located  immediately  south  of  and  parallel  to  the  tracks  of  the  Chicago 
Terminal  Transfer  Railroad,  from  Ogden  avenue  to  Blue  Island  ave- 
nue viaduct,  the  said  elevated  roadbed  and  tracks  of  the  said  Chicago 
and  Northwestern  Railway  Company  shall  continue  in  a southerly  and 
easterly  direction  and  on  the  most  suitable  gradient  convenient  and 
practicable  to  said  railway  company,  to  a point  about  on  the  east  line 
of  South  Western  avenue,  where  an  elevation  of  not  less  than  22.5 
feet  above  city  datum  shall  be  attained;  thence  said,  elevated  roadbed 
and  tracks  shall  continue  in  a southerly  and  easterly  direction  and  on 
the  most  suitable  gradients  convenient  and  practicable  to  said  railway 
company  to  a point  about  on  the  west  line  of  Lincoln  street,  where  an 
elevation  of  not  less  than  18.1  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  an  easterly 
direction  and  on  an  ascending  gradient  of  about  0.36  per  centum  for  a 
distance  of  about  660  feet  to  a point  about  on  the  west  line  of  Wood 
street,  where  an  elevation  of  not  less  than  20.5  feet  above  city  datum 
will  be  attained;  thence  said  elevated  roadbeds  and  tracks  shall  con- 
tinue on  an  easterly  direction  and  on  a level  grade  for  a distance  of 
about  1,430  feet  to  the  east  line  of  Ashland  avenue,  where  an  elevation 
of  not  less  than  20.5  feet  above  city  datum  shall  be  attained;  thence 
said  elevated  roadbed  and  tracks  shall  continue  in  an  easterly  direction 
and  on  a descending  gradient  of  about  .23  per  centum  for  a distance 
of  about  630  feet  to  a point  about  on  the  east  line  of  Laflin  street, 
where  an  elevation  of  not  less  than  19  feet  above  city  datum  shall  be 
attained;  thence  said  elevated  roadbed  and  tracks  shall  continue  in 
an  easterly  direction,  and  they  may  descend  on  the  most  suitable  gra- 
dient convenient  and  practicable  to  said  companv  to  a connection  with 
their  present  roadbed  and  tracks 

Tf  5.  Chicago,  T.  T.  R.  R.  Co.,  gradient.]  Paragraph  4.  From 
a point  about  2,000  feet  west  of  the  center  of  Kedzie  avenue,  or  from 
such  other  point  west  of  Kedzie  avenue  as  may  be  most  convenient 
for  said  Chicago  Terminal  Transfer  Railroad  Company,  on  the  plane  of 
their  existing  roadbed  and  tracks;  from  said  above  mentioned  point 
said  roadbed  and  tracks  shall  ascend  on  the  most  suitable  gradient  con- 
venient and  practicable  to  said  railroad  company  to  a point  about  on 
the  west  line  of  Kedzie  avenue,  where  an  elevation  of  not  less  than 
24.50  feet  above  city  datum  shall  be  attained;  thence  said  elevated 


§.918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1965 

roadbed  and  tracks  shall  continue  in  an  easterly  direction  and  on  an 
ascending-  gradient  to>  about  .04  per  centum  for  a distance  of  about 
2,725  feet  to  a point  about  on  the  east  line  of  California  avenue,  where 
an  elevation  of  not  less  than  25.59  feet  above  city  datum  shall  be  at- 
tained; thence  said  elevated  roadbed  and  tracks  shall  continue  in  an 
easterly  and  southerly  direction  and  on  a descending  gradient  of  about 
.23  per  centum  for  a distance  of  about  1,350  feet  to  a point  on  the  west 
line  of  the  right  of  way  of  the  railroad  tracks  in  Rockwell  street,  where 
an  elevation  of  not  less  than  22.5  feet  above  city  datum  shall  be  at- 
tained; thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
southeasterly  direction  and  on  a substantially  level  grade  and  cross- 
ing at  grade  said  elevated  roadbed  and  tracks  of  the  Chicago  and 
Northwestern  Railway  Company  and  the  Pittsburg,  Cincinnati,  Chi- 
cago and  St.  Louis  Railway  Company,  to  a point  about  on  the  east  line 
of  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Com- 
pany’s right  of  way,  where  an  elevation  of  not  less  than  22.50  feet 
above  city  datum  shall  be  attained;  thence  said  elevated  roadbed  and 
tracks  of  said  Chicago  Terminal  Transfer  Railroad  Company  shall 
continue  in  a southerly  and  easterly  direction  on  the  most  suitable 
gradient  convenient  and  practicable  to  said  railway  company  to  a point 
about  on  the  east  line  of  South  Western  avenue,  where  an  elevation  of 
not  less  than  22.50  feet  above  city  datum  shall  be  attained;  thence  said 
elevated  roadbed  and  tracks  shall  continue  in  a southerly  and  easterly 
direction  and  on  the  most  suitable  gradients  convenient  and  practica- 
ble to>  said  railroad  company  to  a point  about  on  the  west  line  of  Lin- 
coln street,  where  an  elevation  of  not  less  than  17.7  feet  above  city 
datum  shall  be  attained;  thence  said  elevated  roadbed  and  tracks  shall 
continue  in  an  easterly  direction  on  an  ascending  gradient  of  about 
.43  per  centum  for  a distance  of  660  feet  to  a point  about  on  the  west 
line  of  Wood  street,  where  an  elevation  of  not  less  than  20.5  feet  above 
city  datum  shall  be  attained;  thence  said  elevated  roadbeds  and  tracks 
shall  continue  in  an  easterly  direction  and  on  a level  grade  for  a dis- 
tance of  about  1,430  feet  to  the  east  line  of  Ashland  avenue,  where  an 
elevation  of  not  less  than  20.5  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  an  easterly 
direction  and  on  a descending  gradient  of  about  .24  per  centum  for  a 
distance  of  about  630  feet  to  a point  about  on  the  east  line  of  Laflin 
street  where  an  elevation  of  not  less  than  19  feet  above  city  datum  shall 
be  attained;  thence  said  elevated  roadbed  and  tracks  shall  continue  in 
an  easterly  direction,  and  they  may  descend  on  the  most  suitable  gra- 
dient convenient  and  practicable  to  said  company  to  a connection  with 
their  present  roadbed  and  tracks. 

Tf  6.  “Y”  connecting  route  and  gradient.]  Paragraph  5.  From  a 
point  on  the  proposed  depressed  roadbed  and  tracks  of  the  Chicago, 
Burlington  and  Quincy  Railroad  Company,  immediately  west  of  the 
proposed  viaduct  over  Western  avenue,  the  roadbed  and  tracks  of  the 
Y connecting  track  which  runs  in  a southwesterly  and  southerly  direc- 


1966 


RAILROADS TRACK  ELEVATION. 


[§  9l8 


tion  parallel  to  the  said  proposed  elevated  tracks  of  the  Union  Stock 
Yards  and  Transit  Company,  the  Chicago  Terminal  Transfer  Railroad 
Company  and  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Rail- 
way Company  from  21st  street  to  26th  street;  from  said  last  mentioned 
point  the  roadbed  and  tracks  of  said  Chicago,  Burlington  and  Quincy 
Railroad  Company  shall  ascend  on  the  most  suitable  gradient,  conve- 
nient and  practicable  to  said  company,  to  a point  about  on  the  north 
line  of  West  2 1 st  street,  where  an  elevation  of  all  the  roadbeds  and 
tracks  of  the  said  above  named  companies’  tracks,  which  now  cross 
West  2 1st  street,  shall  not  be  less  than  25.7  feet  above  city  datum; 
thence  said  elevated  roadbed  and  tracks  of  said  railroad  company  shall 
continue  in  a southerly  direction  and  on  a descending  gradient  of  about 
.14  per  centum,  for  a distance  of  about  1,400  feet  to  a point  about  on 
the  south  line  of  West  23d  street,  where  an  elevation  of  not  less  than 
23.7  feet  above  city  datum  shall  be  attained;  thence  said  elevated  road- 
bed  and  tracks  of  said  railroad  company  shall  continue  in  a southerly 
and  easterly  direction  and  on  a descending  gradient  of  about  .11  per 
centum  for  a distance  of  about  2,350  feet  to  a point  about  on  the  east 
line  of  South  Western  avenue,  where  an  elevation  of  not  less  than  21.2 
feet  above  city  datum  shall  be  attained,  and  crossing  at  grade  in  said 
last  mentioned  course  the  proposed  elevated  roadbed  and  tracks  of  the 
Atchison,  Topeka  and  Santa  Fe  Railroad  Company;  thence  said  ele- 
vated roadbed  and  tracks  shall  continue  in  a southerly  and  easterly 
direction,  and  they  shall  descend  on  the  most  suitable  gradient  con- 
venient and  practicable  to>  said  railroad  company  to  a connection  with 
their  present  roadbed  and  tracks. 

Tf  7.  A.,  T.  & S.  F.  gradient.]  Paragraph  6.  From  the  most  de- 
sirable point  east  of  South  Western  avenue,  on  the  existing  tracks  of 
the  Atchison,  Topeka  and  Santa  Fe  Railroad  Company’s  branch  line, 
the  track  of  said  railroad  company  may  rise  on  the  most  suitable  gra- 
dient convenient  and  practicable  to  said  railroad  company  to  a point 
about  on  the  east  line  of  South  Western  avenue,  where  an  elevation  of 
not  less  than  21.2  feet  above  city  datum  shall  be  attained;  thence  said 
•elevated  roadbed  and  tracks  shall  continue  in  a westerly  direction  on  a 
level  grade  for  a distance  of  about  750  feet  to  a point  about  on  the 
west  boundary  line  of  the  right  of  way  of  the  Pittsburg,  Cincinnati, 
Chicago  and  St.  Louis  Railway  Company,  and  crossing  at  grade  in 
said  last  mentioned  course  the  branch  tracks  of  the  Chicago,  Burling- 
ton and  Quincy  Railroad  Company  and  the  main  tracks  of  the  Union 
Stock  Yards  and  Transit  Company,  the  Chicago  Terminal  Transfer 
Railroad  Company  and  the  Pittsburg,  Cincinnati,  Chicago  and  St. 
Louis  Railway  Company;  thence  said  elevated  roadbed  and  tracks  shall 
continue  in  a westerly  direction,  and  they  may  descend  on  the  most 
suitable  gradient  convenient  and  practicable  to  said  railroad  company 
to  a connection  with  its  present  roadbed  and  tracks. 

1 8.  “Y”  Elevation,  permission  for.]  Paragraph  7.  Permission  is 
hereby* granted  to  all  of  the  railroad  companies  mentioned  in  this  or- 


§ 9*8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1967 

dinance  which  are  required  to  elevate  their  roadbed  and  tracks,  to  ele- 
vate their  Y tracks,  and  to  make  such  changes  in  their  location  and 
alignment  as  said  railroad  companies  may  deem  necessary  to  maintain 
their  proper  connections  with  each  other’s  tracks. 

% 9.  Change  of  location.]  Paragraphs.  Nothing  in  this  ordinance 
shall  prevent  the  various  companies  owning  their  tracks  mentioned 
herein  from  changing  the  location  of  said  tracks  by  the  mutual  agree- 
ment of  those  interested,  as  they  may  deem  necessary,  provided  that 
no  change  of  location  shall  be  made  that  will  prevent  the  separation 
of  the  grades  of  said  tracks  as  contemplated  in  this  ordinance. 

The  railway  companies  named  in  this  ordinance  are  hereby  author- 
ized to  make  such  changes  in  the  position  and  alignment  of  their  re- 
spective main  and  side  tracks  and  switch  connections  as  may  be  de- 
sirable in  order  to  carry  out  the  provisions  of  this  ordinance. 

% 10.  Top  rail.]  Paragraph  9.  All  elevations  of  railroad 
tracks  mentioned  in  this  ordinance  shall  refer  to  the  top  of  the  rail. 

1 10a.  Obstructions  may  be  moved.].  Paragraph  10.  If 
any  bridge,  viaduct,  approach  thereto,  or  other  structure  belonging 
to,  or  under  the  control  of  the  city  of  Chicago 

in  any  street  or  avenue  shall  be  found  by  said  commissioner  of  public 
works  to  constitute  an  obstruction  to  or  interfere  with  the  work  of 
constructing,  maintaining  or  using  the  elevated  structure  hereinbefore 
required,  the  said  commissioner  of  public  works  is  hereby  authorized 
and  directed  to  promptly  remove  the  same  at  the  expense  of  said  rail- 
road companies,  or  said  commissioner  of  public  works  may  grant  to 
said  railroad  companies  permission  to  use  the  material  in  the  work  of 
the  elevation  of  their  roadbed  and  tracks. 

T 11.  Embankments,  how  constructed.]  § 2.  The  embank- 
ment or  embankments  on  which  said  elevated  roadbed  shall  be  con- 
structed within  the  aforesaid  limits  shall  be  composed  of  sand,  clay, 
gravel,  loam,  broken  stone,  or  whatever  else  may  compose  the  surplus 
material  excavated  from  the  subways  and  from  the  foundation  pits  and 
trenches  along  the  line  of  said. work;  the  side  slopes  and  lateral  dimen- 
sions of  said  embankments  will  be  fixed  and  determined  by  the  natural 
angle  of  repose  of  the  materials  of  which  said  embankments  may  be 
constructed,  but  whenever  it  may  become  necessary,  for  the  purpose 
of  keeping  said  embankments  entirely  within  the  lines  of  the  right  of 
way  of  said  company,  such  portions  of  said  embankments  at  all  such 
points  shall  be  kept  within  said  right  of  way  lines,  by,  or  they  shall  be 
confined  between,  retaining  walls  of  stone  or  brick  masonry  ; Provided, 
however,  that  whenever  said  retaining  walls  are  of  insufficient  height 
to  properly  protect  said  right  of  way,  and  to  prevent  trespassing  there- 
on, thence  said  retaining  walls  as  aforesaid  shall  be  surmounted  with 
a suitable  fence  or  railing,  but  wherever  said  retaining  walls  are  not 
used  at  all,  the  right  of  way  of  said  company  shall  be  fenced  in,  or 
otherwise  properly  inclosed  in  compliance  with  the  present  ordinances 
of  the  city  of  Chicago  relating  to  the  fencing  of  railroad  tracks. 


1968 


RAILROADS TRACK  ELEVATION. 


[§  9^ 


1 12.  Authority  given  to  elevate  tracks  upon  open  tres- 
tle.] § 2a.  To  enable  the  Atchison,  Topeka  and  Santa  Fe  Railroad 
Company  to  prosecute  the  work  of  the  elevation  of  their  roadbed  and 
tracks  in  accordance  with  the  provisions  of  this  ordinance,  permission 
and  authority  is  hereby  granted  to  the  Atchison,  Topeka  and  Santa 
Fe  Railroad  Company  to  elevate  its  roadbed  and  tracks  between  the 
points  named  in  paragraph  6,  section  i,  of  this  ordinance,  upon  an  open 
trestle  work  structure,  but  the  abutments  of  the  subway  at  the  inter- 
section of  South  Western  avenue  shall  be  constructed  of  stone,  in  ac- 
cordance with  the  provisions  described  in  section  4a  of  this  ordinance, 
and  neither  the  passage  of  this  ordinance,  the  incurring  of  any  expense, 
nor  the  doing  of  any  work  thereunder  by  the  Atchison,  Topeka  and 
Santa  Fe  Railroad  Company  shall  ever  be  construed  in  any  manner 
whatever  to  estop  or  prevent  the  city  of  Chicago  from  hereafter  pass- 
ing an  ordinance  for  the  elevation  of  its  roadbed  and  tracks  beyond 
the  points  mentioned  in  this  ordinance. 

1 13.  Intersecting  streets,  superstructures,  subways.]  § 3. 
The  said  elevated  tracks  shall  be  carried  across  all  intersecting  streets, 
avenues  and  alleys,  which  by  the  terms  of  this  ordinance  are  to  be 
provided  with  subways,  on  suitable  bridges  of  one,  two,  three  or  four 
spans,  whose  superstructure  shall  consist  of  iron  or  steel  main  girders, 
with  iron  or  steel  main  floor  or  ordinary  track  stringers;  but  should 
the  latter  method  be  adopted,  some  suitable  device  shall  be  provided 
to  prevent  storm  water,  dirt,  oil  and  other  substances  from  dropping 
from  such  elevated  structure  upon  the  subways  beneath. 

The  said  bridges  shall  be  supported  on  abutments  of  concrete, 
stone  or  brick  masonry,  as  indicated  in  the  schedule  of  subways,  or  on 
rows  of  iron  or  steel  columns,  braced  together  laterally  and  erected  on 
and  anchored  to  masonry  foundations,  constructed  within  the  lines  of 
the  railroad  right  of  way  and  in  the  center  and  curb  lines  of  the  inter- 
secting avenues  and  streets. 

1 14.  Subways  to  be  constructed,  where.]  § 4.  Paragraph 
1.  Subways  shall  be  constructed  beneath  the  main  tracks  of  the  Chi- 
cago, Burlington  and  Quincy  Railroad  Company  where  said  tracks 
are  intersected  and  crossed  by  South  Forty-fourth  avenue,  South  For- 
ty-second avenue,  Fairmont  avenue,  South  Fortieth  avenue,  South 
Hamlin  avenue,  Bonney  avenue,  Lawndale  avenue,  Millard  avenue, 
Central  Park  avenue,  Clifton  Park  avenue  (West  Twenty-second  and 
Trumbull  avenue),  Spalding  avenue,  Kedzie  avenue,  Albany  avenue, 
South  West  Boulevard,  California  avenue,  Washtenaw  avenue,  Lin- 
coln street,  Wood  street,  Paulina  street,  Ashland  avenue  and  Laflin 
street. 

Paragraph  2.  Subways  shall  be  constructed  beneath  the  tracks  of 
the  Chicago  and  Northwestern  Railway  Company  where  said  tracks 
are  intersected  and  crossed  by  Ogden  avenue,  Western  avenue,  Lin- 
coln street,  Wood  street,  Paulina  street,  Ashland  avenue  and  Laflin 
street. 


§ 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1969 

Paragraph  3.  Subways  shall  be  constructed  beneath  the  tracks  of 
the  Chicago  Terminal  Transfer  Railroad  Company,  where  said  tracks 
are  intersected  and  crossed  by  Kedzie  avenue,  Albany  avenue,  Sacra- 
mento avenue,  Francisco  avenue,  California  avenue,  Fairfield  avenue, 
Washtenaw  avenue,  Ogden  avenue,  Western  avenue,  Lincoln  street, 
Wood  street,  Paulina  street,  Ashland  avenue  and  Laflin  street. 

Tf  15.  Subways,  location  of.]  Paragraph  4.  Subways  shall  be  con- 
structed beneath  the  tracks  of  the  Pittsburg,  Cincinnati,  Chicago  and 
St.  Louis  Railway  Company  and  the  Chicago  Terminal  Transfer  Rail- 
road Company,  and  the  Union  Stock  Yards  and  Transit  Company, 
where  said  tracks  are  intersected  and  crossed  by  Ogden  avenue,  Six- 
teenth street,  Eighteenth  street,  at  the  crossing  of  the  Chicago,  Bur- 
lington and  Quincy  Railroad  Company,  where  the  tracks  of  said  Chi- 
cago, Burlington  and  Quincy  Railroad  Company  are  to  be  depressed; 
West  Twenty-first  street.  West  Twenty-second  street,  West  Twenty- 
third  street,  West  Twenty-fourth  street,  West  Twenty-fifth  street, 
West  Twenty-sixth  street  and  West  Twenty-ninth  street. 

I 16.  Subways,  Where.]  Paragraph  5.  Subways  shall  be 
constructed  beneath  the  side  tracks  of  the  Chicago,  Burlington  and 
Quincy  Railroad,  which  are  located  immediately  east  of  and  parallel 
with  the  Union  Stock  Yards  and  Transit  Company,  from  West  Twenty- 
first  street  to  West  Twenty-sixth  street, where  said  tracks  are  intersected 
and  crossed  by  West  Twenty-first  street,  West  Twenty-second  street, 
West  Twenty-third  street,  West  Twenty-fourth  street,  West  Twenty- 
fifth  street,  West  Twenty-sixth  street  and  South  Western  avenue. 

T 17.  South  Western  avenue,  subway  at.]  Paragraph  6.  A 
subway  shall  be  constructed  beneath  the  tracks  of  the  Atchison,  Tope- 
ka and  Santa  Fe  Railroad  Company,  where  said  tracks  are  intersected 
and  crossed  by  South  Western  avenue. 

T 18.  Subways,  who  shall  construct.]  Paragraph  7.  As  to 
the  subways  mentioned  in  section  4,  paragraph  1,  of  this  or- 
dinance, the  subways  at  Lincoln  street,  Wood  street,  Paulina  street, 
Ashland  avenue  and  Laflin  street  are  to  be  con- 

structed jointly  bv  the  Chicago  and  Northwestern  Railway, 
the  Chicago  Terminal  Transfer  Railroad  Company  and  the  Chicago, 
Burlington  and  Quincy  Railroad  Company  and  all  that  por- 
tion of  said  last  mentioned  subways  and  south  approaches  shall  be 
constructed  by  the  Chicago,  Burlington  and  Quincv  Railroad  Com- 
pany lying  south  of  its  north  line  of  right  of  way  of  said  company; 
and  the  Chicago  and  Northwestern  Railroad  Company  shall  construct 
that  portion  of  the  subway  lying  between  its  right  of  way  lines;  and 
the  Chicago  Terminal  Transfer  Railroad  Company  shall  construct  the 
remaining  portion  and  north  approaches  of  said  subwav  lying  north 
of  its  south  line  of  right  of  way.  As  to  subways  mentioned  in  section 
4,  paragraph  2,  of  this  ordinance,  the  subway  at  Ogden  avenue  shall 
be  constructed  jointly  by  the  Chicago  and  Northwestern  Railway 
Company,  the  Chicago  Terminal  Transfer  Railroad  Company,  the 


1970 


RAILROADS TRACK  ELEVATION. 


[§  9l8 


Pittsburgh,  Cincinnati,  Chicago  and  St.  Louis  Railway  Company, 
and  the  Union  Stock  Yards  and  Transit  Company,  and  the  subway 
in  Western  avenue  shall  be  constructed  jointly  by  the  Chicago  and 
Northwestern  Railway  Company  and  the  Chicago  Terminal  Transfer 
Railroad  Company,  and  the  Chicago  and  Northwestern  Railway  Com- 
pany shall  construct  that  portion  of  subway  and  south  approach  lying 
south  of  its  north  line  of  right  of  way,  and  the  Chicago  Terminal 
Transfer  Railroad  Company  shall  construct  the  remaining  portion 
and  north  approach  of  said  subway  lying  north  of  its  south  line  of  right 
of  way;  and  the  subways  at  Lincoln  street,  Wood  street,  Paulina 
street,  Ashland  avenue  and  Laflin  street  shall  be  constructed  jointly 
by  the  Chicago  and  Northwestern  Railway  Company,  the  Chicago 
Terminal  Transfer  Railroad  Company  and  the  Chicago,  Burlington 
and  Quincy  Railroad  Company,  as  hereinbefore  mentioned  in  section 
4,  paragraph  5.  The  subways  at  Sixteenth  street,  Eighteenth  street 
and  Twenty-ninth  street,  and  the  over  crossings  of  the  Chicago,  Bur- 
lington and  Quincy  Railroad  Company,  shall  be  constructed  jointly 
by  the  Chicago  Terminal  Transfer  Railroad  Company,  the  Union 
Stock  Yards  and  Transit  Company,  and  the  Pittsburg,  Cin- 
cinnati, Chicago  and  St.  Louis  Railway  Company  and  the  subways  at 
West  Twenty-first  street,  West  Twenty-second  street,  West  Twenty- 
third  street,  West  Twenty-fourth  street,  West  Twenty-fifth  street  and 
West  Twenty-sixth  street  shall  be  constructed  jointly  by  Pittsburgh, 
Cincinnati,  Chicago'  and  St.  Louis  Railway  Company,  Chicago  Ter- 
minal Transfer  Railroad  Company,  Union  Stock  Yards  and  Transit 
Company  and  the  Chicago,  Burlington  and  Quincy  Railroad  Com- 
pany; and  the  subway  in  South  Western  avenue  shall  be  constructed 
jointly  by  the  Chicago,  Burlington  and  Quincy  Railroad  Company 
and  the  Atchison,  Topeka  and  Santa  Fe  Railroad  Company. 

f 19.  Viaduct  at  Western  avenue  and  R g Teen t.v>  street.] 
Paragraph  8.  At  the  point  where  the  Chicago,  Burlington  and  Quincy 
Railroad  Company’s  tracks  cross  Western  avenue  and  West  Eighteenth 
street  a viaduct  shall  be  constructed  passing  over  and  above  said  de- 
pressed tracks,  and  said  viaduct  shall  conform  to  the  description, 
specifications  and  dimensions  and  other  particulars  contained  in 
the  schedule  set  forth  and  embodied  in  section  4a  of  this  ordinance. 

1 20.  Grade  crossing,  Loomis  street.]  Paragraph  9.  At  the 
intersection  of  Loomis  street  with  the  elevated  roadbed  and  tracks  of 
said  railroads  on  the  descending  grade  there  shall  be  constructed  a 
grade  crossing  which  shall  conform  and  be  in  accordance  with  the  de- 
scription, specifications,  dimensions  and  other  particulars  contained  in 
the  schedule  set  forth  in  section  4a  of  this  ordinance. 

If  21.  Subway  at  W.  Twelfth  street  to  be  revised.]  Para- 
graph 10.  Where  said  elevated  roadbeds  and  tracks  are  intersected 
and  crossed  by  West  Twelfth  street  on  the  new  elevated  grade,  as  herein 
described,  the  subway  in  West  Twelfth_street  shall  be  revised  and  shall 
now  conform  to  the  following  dimensions,  specifications  and  other  par- 


§ 9 1 8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1971 

ticulars  set  forth  and  embodied  in  section  4a  of  this  ordinance,  under 
the  subheading-  of  revised  subway  in  West  Twelfth  street. 

If  22.  Shedule  of  subways,  viaducts  and  crossings.]  § 4a. 

The  several  subways,  the  viaduct  and  the  street  grade  crossing  herein- 
before referred  to  in  section  4 of  this  ordinance,  and  which  shall  be 
constructed  with  the  elevation  upon  which  such  tracks  are  to  be  placed, 
shall,  as  to  their  size  and  dimensions,  location  and  other  details,  be  in 
accordance  with  the  following  schedule: 

Subway  in  South  Forty-fourth  Avenue,  Under  the  Chicago,  Burling- 
ton and  Quincy  Railroad.  (South  Forty-fourth  Avenue,  80  feet 

Wide.) 

The  depression  of  street  shall  not  exceed  6.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  16. 1 feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grrade  of  not  to  exceed  3.5  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway  shall  be  the  clear  full  width  of 
street. 

Width  of  roadway  and  sidewalks  shall  be  the  same  as  they  now 
exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12.5  feet. 

Provided,  however,  that  the  said  Chicago,  Burlington  and  Quincy 
Railroad  Company  shall  not  be  required  to  construct  any  part  of  this 
subway  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure  as  required 
by  the  terms  of  this  ordinance  until  such  time  as  the  land  necessary 
for  a continuous  street,  80  feet  in  width  for  at  least  one-half  of  a mile 
in  length  upon  each  side  of  the  right  of  way  of  said  railway  company 
shall  have  been  properly  dedicated  or  condemned  for  public  street 
purposes,  and  said  street  shall  have  been  graded  or  otherwise  prop- 
erly prepared  for  . general  use  of  the  public.  Then  and  in  that  event 
said  Chicago,  Burlington  and  Quincy  Railroad  Company  shall  at  their 
own  expense  elevate  the  plane  of  their  roadbed  and  tracks  commenc- 
ing at  a point  on  the  west  line  of  South  Forty-second  avenue,  and 
continuing  in  a southerly  and  westerly  direction  and  on  a level  grade 
to  a point  about  on  the  west  line  of  South  Forty-fourth  avenue,  where 
an  elevation  of  not  less  than  30.10  feet  above  city  datum  shall  be  at- 
tained; thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
southerly  and  westerly  direction  and  they  shall  descend  on  the  most 
suitable  gradient  convenient  and  practicable  to  said  railroad  company, 
to  a connection  with  their  present  roadbed  and  tracks. 


1972  RAILROADS TRACK  ELEVATION.  [§  918 

Subway  in  South  Forty-second  Avenue,  Under  the  Chicago,  Burling- 
ton and  Quincy  Railroad.  (Avenue,  80  feet  Wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  16.7  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway  shall  be  the  clear  full  width  of 
street. 

Width  of  roadway  and  sidewalks  shall  be  the  same  as  they  now 
exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Fairmount  Avenue,  Under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  80  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  4.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  16.0  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway  shall  be  the  clear  full  width  of 
street. 

Width  of  roadway  and  sidewalks  shall  be  the  same  as  they  now 
exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  South  Fortieth  Avenue,  Under  the  Chicago,  Burlington 

and  Quincy  Railroad.  (Avenue,  73  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  4.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  13.9  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway  shall  be  the  clear  full  width  of 
street 


§ 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1973 

Width  of  roadway  and  sidewalks  shall  be  the  same  as  they  now 
exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  13  feet 

Subway  in  Hamlin  Avenue,  Under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  4.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  12.2  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subways. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Bonney  Avenue,  Under  the  Chicago,  Burlington  and 

Quincv  Railroad.  (Avenue,  66  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  4.1  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 2. 1 feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subways. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Lawndale  Avenue,  Under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  3.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 1.5  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 


1974 


RAILROADS TRACK  ELEVATION. 


[§  9*3 


east  IO  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subways. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12.5  feet 

Subway  in  Millard  Avenue,  Under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  3.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  1 1.8  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subways. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Central  Park  Avenue,  Under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  3.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  1 1.8  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalk,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
the  same  as  they  now  exist 

Clear  head  room,  12  feet. 

Subway  in  Clifton  Park  Avenue,  Under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  Feet  Wide.) 

The  depression  of  street  shall  not  exceed  3.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 


918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO. 


1975 


than  1 1.7  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

The  width  between  the  walls  of  subway  shall  be  60  feet. 

The  width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet 

Subway  in  West  Twenty-second  Street  and  Trumbull  Avenue,  Under 

the  Chicago,  Burlington  and  Quincy  Railroad. 

The  depression  of  street  shall  not  exceed  3.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  11.0  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  the  streets. 

The  width  between  the  walls  of  subway  shall  be  60  feet  as  meas- 
ured at  right  angles  to  street  lines. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  the  subways  shall  be 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12.5  feet. 

Subway  in  Spaulding  Avenue,  under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  1 1. 1 feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  present  surface  of  street. 

The  width  between  the  walls  of  subway  shall  be  60  feet. 

The  width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  the  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 


1976 


RAILROADS TRACK  ELEVATION. 


[§  918 


Clear  head  room,  12  feet. 

Subway  in  Kedzie  Avenue,  under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  10.5  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

The  width  between  the  walls  of  subway  shall  be  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  in  each  subway. 

Width  of  roadway  and  sidewalks  outside  of  the  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Albany  Avenue,  under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  feet  wide.) 

Thedepressionofstreetsshallnotexceed  3.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  10.3  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 

The  width  between  the  walls  of  subway  shall  be  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  in  each  subway. 

Width  of  roadway  and  sidewalks  outside  of  the  subway  shall  be  the 
same  as  they  now  exist. 

Clear  head  room,  12  feet 

Subway  in  South  West  Boulevard,  under  the  Chicago,  Burlington 

and  Quincy  Railroad.  (Boulevard,  250  feet  wide.) 

This  subway  shall  be  constructed  of  such  dimensions  and  accord- 
ing to  such  plans  as  may  be  agreed  upon  between  the  West  Chicago 
Park  Commissioners  and  the  said  Chicago,  Burlington  and  Quincy 
Railroad  Company. 

Subway  in  California  Avenue,  under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  9.2  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
west 10  feet  beyond  the  northwest  portal  of  subway,  and  on  the  south- 
east 10  feet  beyond  the  southeast  portal  of  subway.  From  this  level 


§ 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1977 

the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in 
100  feet  to  a connection  with  the  present  surface  of  streets. 

The  width  between  the  walls  of  subway  shall  be  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  in  each  subway. 

Width  of  roadway  and  sidewalks  outside  of  the  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet. 

Subway  in  Washtenaw  Avenue,  under  the  Chicago,  Burlington  and 

Quincy  Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.9  feet  below  the  pres- 
ent surface  of  the  tracks,  making  the  elevation  of  the  floor  of  subway 

not  less  than  6.2  feet  above  city  datum.  This  level  shall  extend  on 

the  northwest  10  feet  beyond  the  northwest  portal  of  subway,  and  on 

the  southeast  10  feet  beyond  the  southeast  portal  of  subway.  From 

this  level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.7 
feet  in  100  feet  to  a connection  with  the  present  surface  of  street. 

The  width  between  the  walls  of  subways  shall  be  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  the  subway  shall  be 
the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  11  feet. 

Subway  in  Lincoln  Street,  under  the  Chicago,  Burlington  and 

Quincy  Railroad,  Chicago  and  Northwestern  Railway,  Chicago 

Terminal  Transfer  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  7.0  feet  below  the  present 
surface  of  tracks,  and  the  elevation  of  the  floor  of  subway  at  the  north 
portal  shall  not  be  less  than  3.4  feet  above  city  datum,  and  the  eleva- 
tion of  the  floor  at  the  south  portal  of  said  subway  shall  not  be  less 
than  4.4  feet  above  city  datum.  From  a point  10  feet  beyond  each 
portal  the  approaches  shall  extend  on  a grade  of  not  to  exceed  4.0 
feet  in  100  feet  to  a connection  with  the  present  surface  of  streets, 
including  the  approaches  into  Fifteenth  street  and  Sixteenth  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalk  shall  be  uniform  with  roadway  and 
about  one  foot  above  level  of  same. 


1978 


RAILROADS TRACK  ELEVATION. 


[§  918 


Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 
Clear  head  room,  12  1-2  feet. 

Subway  in  Wood  Street,  Under  the  Chicago,  Burlington  and  Quincy 
Railroad,  Chicago  and  Northwestern  Railway,  Chicago  Terminal 
Transfer  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  6.8  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  teet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  streets,  including  the  approaches 
into  Fifteenth  and  Sixteenth  streets. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadways  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalk  shall  be  uniform  with  roadway  and 
about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway  to  support  girders. 

Clear  head  room,  12  feet 

Subway  in  Paulina  Street,  under  the  Chicago,  Burlington  and  Quin- 
cy Railroad,  Chicago  and  Northwestern  Railway,  the  Chicago 
Terminal  Transfer  Railroad.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  7.0  feet  above  city  datum.  This  level  shall  extend  10  feet  be- 
yond the  north  portal  of  subway,  and  on  the  south  10  feet  beyond  the 
south  portal  of  subway.  From  this  level  the  approaches  shall  extend 
on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection  with 
the  present  surface  of  streets,  including  the  approaches  into  Fifteenth 
and  Sixteenth  streets. 

Width  between  walls  of  subway,  66  feet 
Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subw’ay. 

Width  of  roadways  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalk  shall  be  uniform  with  roadways  and 
about  one  foot  above  level  of  same. 

Clear  head  room,  12  feet. 

Subway  in  Ashland  Avenue,  Under  the  Chicago,  Burlington  and 
Quincy  Railroad  and  Chicago  Terminal  Transfer  Railway.  (Ave- 
nue, 100  feet  wide.) 


§ 9r8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1979 

The  depression  of  street  shall  not  exceed  3.6  feet  below  the  present 
surface  of  tracks,  making1  the  elevation  of  floor  of  subway  not  less 
than  6.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.7  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  streets,  including  the  approaches 
into  Fifteenth  and  Sixteenth  streets. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  80  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadways  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadways  and 
about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  line  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 
Clear  head  room,  12.5  feet 

Subway  in  Laflin  Street,  under  the  Chicago,  Burlington  and  Quincy 
Railroad,  the  Chicago  and  Northwestern  Railway  and  the  Chi- 
cago Terminal  Transfer  Railroad.  (Street,  66  feet. wide.) 

The  depression  of  street  shall  not  exceed  3.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  4.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  streets,  including  the  approaches 
into  Fifteenth  and  Sixteenth  streets. 

Width  between  walls  of  subway,  66  feet 
Width  of  roadway,  46  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

Depression  of  sidewalks  shall  be  uniform  with  roadway,  and  about 
one  foot  above  level  of  same. 

Clear  head  room,  11  feet. 

Subway  in  Ogden  Avenue  boulevard,  under  the  Chicago  Terminal 
Transfer  Railroad,  Chicago  and  Northwestern  Railway,  Union 
Stock  Yards  and  Transit  Company’s  Railroad  and  Pittsburg,  Cin- 
cinnati, Chicago  and  St.  Louis  Railway.  (Boulevard,  150  feet 
wide.) 

This  subway  shall  be  constructed  in  accordance  with  the  plans  and 
specifications  agreed  upon  between  the  West  Chicago  Park  Commis- 
sioners and  the  above  named  railroad  companies. 


1980 


RAILROADS TRACK  ELEVATION. 


[§  918 


Subway  in  West  16th  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad 
and  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway. 
(Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  11.0  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  shall  be  the  same  as  they  now 
exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway,  to  support  girders. 

Clear  head  room,  12  feet 

Subway  in  West  18th  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad 
and  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway. 
(Street,  66  feet  wide.) 

There  shall  be  no  depression  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadwav.  to  support  girders. 

Clear  head  room,  12.5  feet 

Subway  in  West  21st  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad, 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  and  Chi- 
cago, Burlington  and  Quincy  Railroad.  (Street,  80  feet  wide.) 
The  depression  of  street  shall  not  exceed  1.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 1.3  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street. 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  60  feet  in  subway. 


§ 9 1 8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1981 

Width  of  sidewalks,  io  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway,  to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  22nd  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad, 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  and  Chi- 
cago, Burlington  and  Quincy  Railroad.  (Street,  73  feet  wide.) 
The  depression  of  street  shall  not  exceed  3.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  10.7  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street. 

The  width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalk  shall  be  uniform  with  roadway,  and 
about  one  foot  above  the  level  of  same. 

Clear  head  room,  12.5  feet. 

Subway  in  West  23rd  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad, 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  and  Chi- 
cago, Burlington  and  Quincy  Railroad.  (Street,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  2.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation:  of  the  floor  of  subway  not  less 
than  10.2  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  not  to  exceed  3.0  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street. 

The  width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  in  each  subway. 

Width  of  roadway  and  sidewalk  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  the  level  of  same. 

Clear  head  room,  12  feet. 


1982 


RAILROADS TRACK  ELEVATION. 


Subway  in  West  24th  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad, 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  and  Chi- 
cago, Burlington  and  Quincy  Railroad.  (Street,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  2.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.3  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet,  to  a connection 
with  the  present  surface  of  street. 

The  width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalk  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Clear  head  room,  12  feet. 

Subway  in  West  25th  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad, 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  and  Chi- 
cago, Burlington  and  Quincy  Railroad.  (Street,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  3.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.5  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street. 

The  width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalk  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  the  level  of  same. 

Clear  head  room,  12  feet. 

Subway  in  West  26th  street,  under  the  Chicago  Terminal  Transfer 
Railroad,  Union  Stock  Yards  and  Transit  Company’s  Railroad 
and  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway. 
(Street,  83  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  7.2  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway  of  the  LTnion  Stock  Yards 
and  Transit  Company’s  Railroad,  and  on  the  west  10  feet  beyond  the 


§ 9j8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1983 

west  portal  of  subway  under  the  Pittsburg,  Cincinnati,  Chicago  and 
St.  Louis  Railway.  From  this  level  the  east  approach  shall  extend  on 
a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a connection  with  the 
new  grade  of  street,  as  it  shall  be  changed  midway  between  the  sub- 
ways of  the  Union  Stock  Yards  and  Transit  Company’s  Railroad  and 
the  Chicago,  Burlington  and  Quincy  Company’s  railroad  branch  line, 
and  the  elevation  of  the  new  grade  at  the  above  mentioned  point  shall 
not  be  less  than  9.2  feet  above  city  datum,  and  the  west  approach  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street. 

Width  between  walls  of  subway,  50  feet. 

Width  of  roadway  and  sidewalks  shall  be  the  same  as  now  exists. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12.5  feet. 

Provided,  however,  said  railroad  companies  construct  a subway 
the  full  width  of  street,  then  and  in  that  case  they  shall  have  permis- 
sion to  place  two  lines  of  posts  in  curb  lines  and  inside  thereof  and 
one  line  of  posts  in  center  of  roadway  to  support  girders. 

Subway  in  West  26th  street,  under  the  Chicago,  Burlington  and 

Quincy  Railroad  Company’s  branch  line.  (Street,  83  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.2  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  west  approach 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  new  grade  of  street  as  it  shall  be  changed  midway  be- 
tween the  subways  of  the  Chicago,  Burlington  and  Quincy  Railroad 
Company’s  branch  line  and  the  Union  Stock  Yards  and  Transit  Com- 
pany’s Railroad,  and  the  elevation  of  the  new  grade  at  the  above  men- 
tioned point  shall  not  be  less  than  9.2  feet  above  city  datum,  and  the 
east  approach  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
approach  into  South  Western  avenue. 

Width  between  walls  of  subway,  50  feet. 

Width  of  roadway  and  sidewalks  shall  be  the  same  as  they  now 
exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  the  curb  lines  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway  to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  29th  street,  under  Chicago  Terminal  Transfer  Rail- 
road, Union  Stock  Yards  and  Transit  Company’s  Railroad  and 

Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway.  (Street, 

66  feet  wide.) 


1984 


RAILROADS TRACK  ELEVATION. 


[§  918 


The  depression  of  street  shall  not  exceed  9.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  the  subway  not 
less  than  7.2  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  the  street 

The  width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Clear  head  room,  12  feet. 

Subway  in  Western  avenue,  under  the  Chicago,  Burlington  and 

Quincy  Railroad,  Atchison,  Topeka  and  Santa  Fe  Railroad. 

(Street,  66  feet  wide.) 

Depression  of  street  shall  not  exceed  5.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less  than 
7.2  feet  above  city  datum.  This  level  shall  extend  on  the  north  10 
feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet  be- 
yond the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street,  including  the  approach  into 
West  Twenty-sixth  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  the  same. 

Two1  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway  to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Kedzie  avenue,  under  the  Chicago  Terminal  Transfer  Rail- 
road. (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  10.2  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 


§ 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1985 

Width  of  sidewalks,  io  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  same. 

Clear  head  room,  12.5  feet. 

Subway  in  Albany  avenue,  under  Chicago  Terminal  Transfer  Rail- 
road. (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  11 .2  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  less  than  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  same. 

Clear  head  room,  12  feet. 

Subway  in  Sacramento  avenue,  under  the  Chicago  Terminal  Trans- 
fer Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 1.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  the  level  of  the  same. 

Clear  head  room,  12  feet 

Subway  in  Francisco  avenue,  under  the  Chicago  Terminal  Transfer 

Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  1 1.8  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 

125 


1986  RAILROADS TRACK  ELEVATION.  [§  918 

shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  same. 

Clear  head  room,  12  feet 

Subway  in  California  avenue,  under  the  Chicago  Terminal  Transfer 
Railroad.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 1.6  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Clear  head  room,  12.5  feet. 

Subway  in  Fairfield  avenue,  under  the  Chicago  Terminal  Transfer 
Railroad.  (Avenue,  66  feet  wide.) 

Depression  of  street  shall  not  exceed  0.5  feet  below  the  present 
surface  of  track,  making  the  elevation  of  floor  of  subway  not  less 
than  1 1.2  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a enrade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subwav. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  same 
Clear  head  room,  12  feet. 

Subway  in  Washtenaw  avenue,  under  the  Chicago  Terminal  Transfer 
Railroad  Company.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  present 


§ 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO. 


1987 


surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  10.5  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

Clear  head  room,  22  feet. 

Subway  in  Western  avenue,  under  the  Chicago  Terminal  Transfer 
Railroad  and  Chicago  and  Northwestern  Railway.  (Avenue,  66 
feet  wide.) 

The  depression  of  street  shall  not  exceed  2.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  8.4  feet  above  city  datum.  This  level  shall  extend  on  the  north 
10  feet  beyond  the  north  portal  of  subway,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street,  including  the  approach  into 
14th  street. 

The  width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 
Clear  head  room,  12.5  feet. 

Revised  subway  in  West  12th  street,  under  the  Chicago  Terminal 
Transfer  Railway,  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis 
Railway  and  the  Chicago  and  Northwestern  Railway.  (Street,  100 
feet  wide.) 

The  floor  of  said  subway  shall  be  elevated  3.3  feet  above  the  present 
floor  of  subway,  making  the  elevation  of  the  new  floor  not  less  than 
8.5  feet  above  city  datum.  From  this  level  the  new  approaches  to 
subway  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  original  surface  of  street. 

Width  between  walls  and  other  specifications  shall  remain  the  same 
as  prescribed  in  ordinance  passed  January  18th,  1897. 

Clear  head  room,  12.5  feet. 

Grade  crossing  at  Loomis  street,  over  Chicago,  Burlington  and 
Quincy  Railroad,  Chicago  and  Northwestern  Railroad  and  Chi- 
cago Terminal  Transfer  Railroad.  (Street,  66  feet  wide.) 


1988 


RAILROADS TRACK  ELEVATION. 


[§  9l8 


The  above  named  companies  shall  construct  jointly  at  the  intersec- 
tion of  Loomis  street  with  the  elevated  roadbed  and  tracks  on  the  de- 
clining grade  from  Laflin  street  to  Blue  Island  avenue,  across  their 
e of  said  street  within  the  limits  of  said  companies’  right  of 
said  roadbed  and  tracks,  a good  and  sufficient  street  crossing  of  said 
Loomis  street.  Said  companies  shall  construct  approaches  from  the 
north  and  south  in  Loomis  street  upon  inclines  from  the  present  sur- 
face of  said  street  on  a substantially  level  grade.  Said  crossing  shall 
be  well  and  sufficiently  planked  across  said  approach,  and  said  planked 
crossing  shall  be  of  the  full  width  of  said  Loomis  street.  Said  railroad 
companies  shall  also  construct  a wooden  sidewalk,  8 feet  in  width,  on 
way. 

Viaduct  in  Western  avenue  and  west  18th  street,  over  the  depressed 

tracks  of  the  Chicago,  Burlington  and  Quincy  Railroad  Company. 

The  elevation  of  the  floor  of  viaduct  shall  not  exceed  30.0  feet 
above  city  datum,  making  it  about  18.5  feet  above  the  present  surface 
of  streets.  This  level  shall  extend  over  all  tracks  of  said  railroad 
company  in  Western  avenue  and  West  Eighteenth  street,  as  they  shall 
be  located  and  depressed  as  hereinbefore  described  in  section  1,  para- 
graph 2,  and  this  level  shall  extend  to  a point  about  7 feet  north  of 
the  most  northerly  tracks  of  the  Chicago,  Burlington  and  Quincy  Rail- 
road Company,  and  shall  also  extend  to  a point  which  shall  be  located 
about  7 feet  south  of  the  most  southerly  track  of  the  said  Chicago, 
Burlington  and  Quincy  Railroad.  From  said  last  mentioned  point 
the  approaches  in  Western  avenue  and  West  Eighteenth  street  shall 
descend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  Western  avenue  and  West  Eighteenth 
street  as  it  shall  be  diverted  at  its  intersection  with  Western  avenue. 

The  width  of  viaduct  approaches  shall  be  the  clear  full  width  of 
streets. 

The  width  of  wagon  roadway  on  Western  avenue  viaduct  ap- 
proaches shall  be  the  same  as  they  now  exist  on  Western  avenue. 

The  width  of  wagon  roadway  on  approaches  of  West  Eighteenth 
street,  50  feet. 

Width  of  sidewalks  on  Western  avenue  approaches  shall  be  the 
same  as  they  now  exist. 

Width  of  sidewalks  on  West  Eighteenth  street  approaches,  8 feet 
each. 

Width  of  viaduct  over  Chicago,  Burlington  and  Quincy  Railroad 
tracks,  63  feet  over  all. 

Width  of  wagon  roadways,  22  feet  each  on  viaduct. 

Width  of  sidewalks,  8 feet  each  on  viaduct. 

All  approaches  to  viaduct  shall  be  constructed  so  as  to  retain  the 
filling  or  embankment  entirely  within  the  lines  of  the  street  by  sub- 
stantial retaining  walls  of  stone  masonry  or  concrete;  all  subject  to  the 
direction  and  approval  of  the  commissioner  of  public  works. 


9 18]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO. 


1989 


Substantial  and  ornamental  picket  fence  and  railings  shall  be  pro- 
vided for  viaduct  and  approaches. 

The  sidewalks  shall  be  uniform  with  the  roadway,  and  about  one 
foot  above  level  of  same  where  practicable. 

Said  viaducts  shall  be  constructed  of  wrought  iron  and  steel,  and 
the  roadway  shall  be  paved  with  wooden  blocks  and  the  design,  ma- 
terial and  workmanship  subject  to  the  direction  and  approval  of  the 
commissioner  of  public  works. 

Said  viaduct  and  approaches  shall  be  constructed  and  maintained 
by  the  Chicago,  Burlington  and  Quincy  Railroad  Company  and  at 
their  sole  expense,  and  the  said  Chicago,  Burlington  and  Quincy  Rail- 
road Company  hereby  agrees  to  assume  and  pay  all  incidental  or  con- 
sequential damages  to  adjacent  property  or  business  caused  by  the 
erection  and  construction  of  said  viaduct. 

Clear  head  room  over  the  roadbed  and  tracks  of  said  railroad  com- 
pany will  not  be  less  than  16.0  feet. 

Tf  23.  Intersecting  street,  grade  of.]  § 4b.  The  grade  of 
east  and  west  streets  that  intersect  the  approaches  to  subway,  as  de- 
scribed in  section  4a  of  this  ordinance,  shall  be  depressed  so  as  to  con* 
form  to  the  grade  of  the  approaches  into  such  subways. 

1 24.  Approaches,  vertical  curves.]  § 4c.  In  the  several  sub- 
ways mentioned  in  this  ordinance,  there  shall  be  constructed  a vertical 
curve  where  the  head  of  approaches  connects  with  the  present  grade 
of  street;  and  said  vertical  curve  shall  extend  not  less  than  20  feet  each 
side  of  said  intersection  of  grades,  and  the  middle  ordinate  of  the  ver- 
tical curve  shall  be  equal  to  one-half  of  the  difference  between  the  ele- 
vation of  the  points  on  said  intersecting  grades. 

T 25.  Excavations,  restoration  of  streets.]  § 5.  All  such  ex- 
cavations shall  be  made  in  the  streets  as  may  be  required  for  the  de- 
pression of  such  subways  and  the  approaches  thereto.  But  the  de- 
pressed portions  of  the  streets  shall  be  restored  to  servicable  condition 
for  the  use  of  the  public  as  soon  ars  practicable,  and  all  water  pipes, 
conduits,  sewers  and  other  similar  substructures  belonging  to  the  city 
that  may  be  disturbed  by  such  excavations  or  required  to  be  moved 
or  deflected  from  the  position  in  which  they  are  found,  shall  be  de- 
vised and  provided  to  restore  them  as  fully  as  mav  be  to  their  former 
state  of  usefulness,  but  the  gradients  of  the  sewers  shall  not  be  re- 
duced in  any  event.  All  such  work  shall  be  done  by  the  respective 
railroad  companies  as  indicated  in  section  4a,  and  at  their  sole  expense, 
and  under  the  immediate  supervision  and  to  the  satisfaction  of  the 
commissioner  of  public  works  of  the  city  of  Chicago. 

1 26.  Grade  of  streets  changed,  where.]  § 6.  The  grades  of 
all  the  streets  and  alleys  in  which  any  subways  are  to  be  built,  in  ac- 
cordance with  the  provisions  of  this  ordinance,  or  where  viaducts  shall 
be  built  in  accordance  with  the  provisions  of  this  ordinance,  or  where 
streets  shall  be  depressed  or  raised  in  accordance  with  the  provisions 
of  this  ordinance  along  the  line  of  the  several  subways,  viaducts  and 


1990 


RAILROADS TRACK  ELEVATION. 


[§  918 


their  approaches,  shall  be  and  the  same  are  hereby  changed  so  as  to 
conform  to  the  grades  of  such  subways,  viaducts  and  approaches  as 
they  shall  be  either  depressed  or  elevated  and  constructed  pursuant 
to  the  provisions  of  this  ordinance. 

1 27.  Receiving  basins,  drains.]’  § 7.  Provision  shall  be 
made  for  the  drainage  of  the  several  depressed  subways  provided  for 
in  this  ordinance  by  the  construction  of  receiving  basins  properly  lo- 
cated in  or  immediately  adjacent  to  said  subways,  which  said  receiving 
basins  shall  be  connected  with  and  discharge  their  contents  into  the 
adjacent  city  sewers.  In  case  the  lowest  point  of  the  surface  of  any  of 
said  subways  should  be  below  the  grade  of  the  adjacent  sewer,  some 
other  adequate  means  of  drainage  satisfactory  to  the  commissioner  of 
public  works  must  be  devised  and  provided  by  said  railroad  companies 
at  their  expense. 

1 28.  Subways,  structural  requirements  of.]  §8.  Paragraph 
I.  The  subways  and  the  approaches  thereto  so  to  be  constructed  by 
said  companies  in  said  streets  and  avenues  aforesaid,  shall  all  conform 
to  the  following  structural  requirements,  namely:  The  roadways  shall 

be  paved  with  a single  course  of  vitrified  brick  of  standard  quality, 
laid  at  right  angles  with  the  curb  lines  and  set  upon  a solid  foundation 
of  hydraulic  cement  concrete  of  not  less  than  six  (6)  inches  thick  or 
deep  when  solidly  tamped  in  place  and  otherwise  finished  and  properly 
crowned  ready  for  the  brick  wearing  surface,  between  which  and  the 
concrete  there  shall  be  interposed  a layer  of  screened  sand  not  less 
than  one-half  inch  thick.  The  curb  shall  be  of  sound  hard  limestone 
of  standard  dimensions  and  finish,  and  the  sidewalks  shall  be  finished 
and  paved  with  Portland  cement  concrete  of  standard  quality  and 
workmanship,  and  with  the  curbing  and  roadway  paving  shall  be 
made,  finished  and  put  in  permanent  place  in  accordance  with  the  re-* 
quirements  of  the  department  of  public  works  of  the  city  of  Chicago. 
The  approaches  of  subways  shall  be  excavated  to  the  grades  estab- 
lished by  this  ordinance  and  shall  be  in  all  other  respects  restored  as 
near  as  may  be  to  their  condition  before  being  so  excavated. 

T 29.  Streets 'and  sidewalks  to  be  restored.]  Paragraph  2. 
As  to  streets  in  this  section  mentioned,  which  are  already 
paved  or  provided  with  sidewalks,  such  paving  and  sidewalks 
shall  be  restored  with  the  present  material,  when  the  same  is  in  good 
condition,  by  said  railroad  company  or  companies,  at  their  own  ex- 
pense, in  such  portions  of  said  streets  as  are  required  to  be  constructed 
by  said  company  or  companies,  except  that  said  railway  company  or 
companies  are  not  required  to  restore  any  part  of  the  paving  of  ap- 
proaches or  subways,  which  will  be  the  duty  of  any  street  railway  com- 
pany or  other  corporation  itself  to  restore  under  existing  laws  or  or- 
dinances 

T 30.  Subways,  paving  of.]  Paragraph  3.  Said  company  or  compa- 
nies shall  pave  the  entire  length  and  width  of  the  roadwav  in  such  por- 
tions of  the  subway  as  are  required  to  be  constructed  by  said  company 


§ 9l8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO. 


1991 


or  companies  as  is  mentioned  in  this  ordinance,  except  that  such  com- 
pany or  companies  shall  not  be  required  to  pave  any  part  of,  the  sub- 
ways to  be  occupied  by,  or  adjacent  to,  street  railway  tracks,  which  by 
reason  of  existing  laws  or  ordinances,  it  will  be  the  duty  of  any  street 
railway  company,  or  other  corporation,  itself  to  pave. 

TT  31.  Street  railways  to  conform  to  grade.  J Paragraph  4.  Any 
street  railway  company  occupying  any  of  the  streets  in  the  city  of  Chi- 
cago crossed  by  said  elevated  or  depressed  railway  shall,  when  and  as 
the  grade  of  such  street  shall  be  changed  as  in  this  ordinance  provided, 
at  its  own  expense,  without  claim  for  damages,  conform  the  grade  of 
its  track  or  tracks  to  the  said  change  of  grade  of  said  streets,  and 
nothing  in  this  ordinance  shall  operate  to  be  held  to  relieve  such  street 
railway  companies  from  any  liability  now  existing,  however  created, 
to  pave  or  bear  the  expense  of  paving  such  streets  between  or  on  either 
side  of  the  rails  of  its  said  tracks  in  the  manner  and  form  as  now  re- 
quired 

f 32.  Paving  to  be  delayed,  when.]  Paragraph  5.  Wherever  the 
elevated  roadbeds  and  tracks  constructed  under  and  in  accordance 
with  the  provisions  of  this  ordinance,  shall  pass  over  any  street,  alley, 
avenue  or  public  way  at  which,  according  to  the  terms  of  this  ordi- 
nance a subway  is  required  to  be  constructed  by  said  railway  company 
or  companies,  which  street,  alley,  avenue  or  public  way  shall  not  al- 
ready be  paved  or  provided  with  sidewalks  at  the  time  of  such  con- 
struction and  for  which  pavement  or  sidewalks  no  ordinance  shall 
have  been  passed  by  the  city  council  of  the  city  of  Chicago,  then  and 
in  that  case  the  paving  of  such  subway  shall  be  delayed  until  the  im- 
provement of  the  portions  of  the  street  contiguous  shall  be  ordered 
by  the  city  council  and  the  contract  therefor  shall  be  let.  Thereupon, 
on  notice  from  the  commissioner  of  public  works,  said  company  or 
companies  shall  proceed  at  once  with  the  work  of  paving,  or  with  the 
construction  of  sidewalks,  in  accordance  with  the  provisions  of  sec- 
tion 8,  and  paragraphs  1 to  4,  inclusive,  of  this  ordinance.  Should  any 
company,  after  such  notice,  fail  or  neglect  so  to  proceed  with  its  work, 
the  commissioner  of  public  works  of  the  city  of  Chicago  shall  have  and 
is  hereby  given  the  right,  power  and  authority  to  take  charge  of  and 
cause  such  work  to  be  done,  and  the  expense  thereof  shall  thereupon 
be  paid  by  such  delinquent  company. 

T 33.  Damages  to  adjacent  property,  city  to  adjust.}  Para- 
graph 6.  Nothing  in  this  ordinance  contained  shall  be  so  construed 
as  to  require  the  said  railway  companies,  or  either  of  them,  to  assume 
or  pay  any  incidental  or  consequential  damages  to  adjacent  property 
or  business  caused  by  the  passage  and  enforcement  of  this  ordinance, 
or  by  the  excavation,  elevation,  depression  or  change  of  grade  made  in 
any  of  the  public  avenues,  streets  or  alleys,  or  to  defend  any  suit  or 
suits  which  may  be  brought  against  any  party  or  parties  for  the  recov- 
ery of  any  such  damages,  but  it  is  understood  that  all  such  damages, 
if  there  are  any,  shall  be  adjusted  and  paid  by  the  city  of  Chicago  and 


1992 


RAILROADS TRACK  ELEVATION. 


said  city  will  assume  the  defense  of  any  and  all  suits  brought  for  the 
recovery  of  the  same  intervening  therein,  if  necessary,  for  such  pur- 
pose, and  will  wholly  relieve  said  railway  companies  from  defending 
the  same,  and  will  assume  and  pay  all  judgments  recovered  therein. 
The  above  stipulations  in  this  paragraph  contained  are,  however,  upon 
the  condition  precedent  that  in  case  any  suit  be  brought  against  any 
of  the  said  companies,  said  company  will,  before  the  last  day  to  plead 
therein,  give  notice  in  writing  of  such  suit  and  of  such  service  to  the 
mayor  and  corporation  counsel  of  said  city  for  the  purpose  of  enabling 
such  defense  to  be  made  by  the  city. 

T 34.  Superintendence,  inspection  and  approval  of  work.] 
§ g.  All  the  work  hereinbefore  in  this  ordinance  required  to  be  done 
by  said  company  or  companies  upon,  or  in  connection  with,  the  public 
avenues  and  streets  of  the  city  shall  be  done  and  performed  under  the 
superintendence  and  subject  to  the  inspection  and  approval  of  the 
commissioner  of  public  works  of  said  city.  At  least  ten  (io)  days  prior 
to  the  commencement  of  any  part  of  such  work  the  plans  and  specifi- 
cations therefor  shall  be  submitted  to  said  commissioner  of  public 
works  for  his  examination,  and  if  found  to  be  in  accordance  with  the 
{provisions  of  this  ordinance  in  so  far  as  this  ordinance  contains  spe- 
cific provisions  and  in  the  absence  of  such  specific  provisions,  if  they 
shall  be  satisfactory  to  the  commissioner  of  public  works  in  regard  to 
matters  and  details,  which  by  this  ordinance  are  left  to  his  discretion 
and  judgment,  such  plans  shall  be  approved  by  him,  and  after  such  ap- 
proval all  of  the  work  outlined  and  included  therein  shall  be  construct- 
ed in  strict  conformity  therewith. 

If  35.  Ordinances  repealed,  exceptions.]  § 9a.  All  ordinances 
heretofore  passed  for  opening  streets  across  any  portion  of  the  right  of 
way  or  yards,  of  any  of  the  railway  or  railroad  comnanies  mentioned 
in  this  ordinance,  where  the  tracks  are  required  to  be  elevated  as  in 
ordinance  provided,  are  hereby  repealed,  except  in  those  cases  where 
the  streets  ordered  opened  have  already  in  fact  been  opened  and  trav- 
eled and  has  become  a lawful  and  existing  highway,  not  hereby  va- 
cated, with  exception  of  South  Forty-fourth  avenue,  where  a subway 
is  to  be  built,  in  accordance  with  the  “Schedule  of  Subways,”  in  this 
ordinance  contained,  and  any  and  all  portions  of  any  streets,  alleys  or 
avenues  now  existing  and  crossing  either  of  the  lines  of  railways  or 
railroads  within  the  limits  of  this  ordinance  provided  for,  the  elevation 
or  depression  of  such  company^  roadbed  is  hereby  discontinued  and 
vacated  with  the  limits  of  such  company’s  right  of  way,  except  the 
part  of  streets,  alleys  and  avenues  required  to  be  occupied  by  subways, 
or  where  this  ordinance  required  a grade  crossing  to  be  provided. 

If  36.  Permission  to  obstruct,  when.]  § to.  Permission  and 
authority  are  hereby  given  to  said  companies,  whenever  the  same  shall 
be  necessary  in  the  prosecution  of  the  work  they  are  herein  authorized 
or  required  to  perform,  to  obstruct,  temporarily,  any  oublic  street, 
avenue  or  alley  to  such  extent  and  for  such  length  of  time  as  may  be 


§ 9*8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1993 

approved  by  the  commissioner  of  public  works,  and  they  are  also  here- 
by authorized,  whenever  the  same  shall  become  necessary,  to  erect  and 
maintain  temporary  structures  and  false  work  on  any  of  said  streets 
and  avenues  during  the  construction  of  their  said  elevated  or  depressed 
railroads,  subject  to  the  like  approval  of  said  commissioner  of  public 
works. 

If  37.  Ordinances  as  to  speed,  trains,  gates,  watchmen  and 
signals  to  cease,  when.]  § n.  When  the  said  several  railroads, 
in  section  I of  this  ordinance  mentioned,  shall  have  elevated  or  de- 
pressed their  respective  tracks,  in  accordance  with  this  ordinance,  so 
that  the  same  shall  be  ready  for  use,  then  and  thereupon  all  provisions 
of  the  ordinances  of  the  city  of  Chicago  relating  to  the  speed  of  rail- 
way trains,  the  length  of  trains,  the  number  of  cars  to  constitute  a train, 
and  the  maintenance  of  gates,  flagmen,  watchmen,  signals  and  signal 
towers  and  the  ringing  of  bells,  shall  cease  to  be  applicable  to  said  rail- 
roads; Provided  however,  this  ordinance  is  not  to  be  construed  as  a 
waiver  or  surrender  by  the  city  of  Chicago  of  any  of  its  police  powers, 
or  of  the  right  at  any  time  hereafter  to  pass  necessary  and  reasonable 
police  ordinances  in  relation  to  the  matters  last  above  enumerated. 
After  such  elevation,  it  shall  be  unlawful  for  any  person  or  persons 
save  employes  of  said  companies,  or  either  of  them,  in  the  discharge 
of  their  duties,  to  enter  or  be  upon,  or  to  walk  alone  or  across  the  said 
elevated  structure  or  roadway  at  any  place.  If  any  person  shall  wil- 
fully trespass  upon  said  elevated  roadway,  such  person  and  all  others 
aiding,  abetting  or  assisting  therein  shall  be  liable  to  a fine  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
offense. 

IT  38.  Consideration  of  acceptance,  additional  subways,  ex- 
pense of.  ] § 12.  In  consideration  of  the  acceptance  of  this  ordi- 

nance by  the  said  railroad  and  railway  companies,  the  city  undertakes 
and  agrees  that  it  will  not  hereafter  require  or  attempt  to  compel  said 
railroad  and  railway  companies,  at  their  expense,  to  build  any  addi- 
tional or  other  subways  than  those  in  this  ordinance  provided  for.  But 
it  is  hereby  agreed  that  if  the  city  of  Chicago  shall  at  any  time  here- 
after open  and  extend  any  street  or  streets,  or  avenue  or  alleys,  by 
means  of  subways  only,  across  the  right  of  way  and  lands  and  yards  of 
said  companies,  and  in  such  case  no  claim  for  compensation  on  ac- 
count of  land  taken  for  right  of  way  of  such  street  or  streets,  avenues 
or  alleys,  will  be  made  by  said  railway  companies,  and  such  waiver  of 
compensation  shall  attach  to  and  run  with  such  land  in  the  hands  of 
any  grantee  or  grantees  of  such  railroad  company  or  companies,  but 
the  sole  cost  and  expense  of  construction  of  such  subways  and  of  such 
bridges  as  may  be  necessary  to  carry  all  the  tracks  on  said  company’s 
lands  and  right  of  way  and  yards,  and  over  said  highways  should  be 
borne  and  paid  by  the  city  of  Chicago,  without  expense  to  said  railroad 
companies  mentioned  in  this  ordinance;  and  in  no  case  shall  any  such 

bridge  over  such  subway  or  subways  so  to  be  built  be  inferior  in  any 

126 


1994 


RAILROADS TRACK  ELEVATION. 


[§  918 


regard  to  the  bridges  to  be  built  by  said  railroad  company  across  the 
streets  provided  for  in  this  ordinance.  The  work  of  such  construction 
shall  be  done  by  the  railroad  company  interested,  and  the  amount  to 
be  paid  by  the  city  for  such  work  and  construction  shall  not  exceed 
the  actual  and  reasonable  cost  thereof.  Said  bridges,  respectively, 
shall  support  all  the  tracks  of  said  company  then  existing  and  in  use 
across  the  lines  of  such  proposed  street  or  streets  at  the  time  of  the 
construction  of  such  subway  across  such  right  of  way  or  yards  of  said 
railroad  companies.  But  said  railroad  company  or  companies  shall 
not  be  required  to'  do  any  work  toward  the  construction  of  any  such 
subways  until  the  cost  thereof,  as  may  be  estimated  by  the  city  engi- 
neer and  chief  engineer  of  said  railroad  company  or  companies,  first 
shall  have  been  paid  over  to  said  company  or  companies,  or  deposited 
in  some  responsible  bank  for  its  or  their  benefit,  and  to  be  paid  over  to 
it  or  them  at  once  upon  the  completion  of  said  work.  The  grade  of 
the  roadbed  and  tracks  of  said  company  or  companies  shall  be  made 
and  remain  at  the  grade  hereinbefore  specified. 

39.  Elevated  railway  crossings,  requirements  of.]  § 13. 

The  elevation  of  the  roadbed  and  tracks  of  the  Chicago,  Burlington 
and  Quincy  Railroad  Company,  the  Chicago  and  Northwestern  Rail- 
way Company  and  the  Chicago  Terminal  Transfer  Railroad  Company, 
as  required  by  the  provisions  of  this  ordinance,  and  the  use  and  oper- 
ation of  said  tracks,  when  so  elevated,  being  impracticable,  unless  and 
until  the  roadbed  and  tracks  of  the  elevated  railroad  built  by  the  Me- 
tropolitan West  Side  Elevated  Railroad  Company,  which  elevated 
railroad  crosses  above  the  three  last  named  railroad  companies’  tracks 
between  Paulina  street  and  Wood  street,  shall  be  raised  at  the  crossing 
to  a sufficient  height  above  the  elevated  tracks  of  said  last  above  men- 
tioned companies  to  prevent  any  obstruction  to,  or  interference  with, 
the  construction,  maintainance,  use  and  operation  of  such  elevated 
tracks.  Said  Metropolitan  West  Side  Elevated  Railroad  Company  is 
hereby  ordered  and  required  to  elevate  the  plane  of  the  roadbed  and 
tracks  of  its  said  elevated  railroad  at  said  crossing  aforesaid  to  such  a 
height  above  the  roadbed  and  tracks  of  the  Chicago,  Burlington  and 
Quincy  Railroad  Company,  the  Chicago  and  Northwestern  Railway 
Company,  and  the  Chicago  Terminal  Transfer  Railroad  Company 
when  raised  to  the  elevation  herein  required,  that  there  shall  be  a mini- 
mum clearance  of  headway  of  not  less  than  seventeen  (17)  feet  between 
the  elevated  tracks  of  said  three  last  named  railroad  companies  at  the 
lowest  part  of  the  overhead  structure  of  said  Metropolitan  West  Side 
Elevated  Railroad  Company;  the  tracks  of  said  elevated  railroad  com- 
pany on  each  side  of  said  crossing  to  be  adjusted  to  connect  with  the 
tracks  laid  upon  the  overhead  structure  at  said  crossing  in  such  a man- 
ner and  using  such  gradients  as  said  elevated  railroad  company  shall 
deem  proper. 

Said  Metropolitan  West  Side  Elevated  Railroad  shall  begin  the 
work  of  elevating  its  roadbed  and  tracks  at  said  crossing  within  thirty 


§ 9 1 8]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1995 

days  after  all  other  railroad  companies  mentioned  in  this  section  have 
filed  with  the  mayor  of  the  city  of  Chicago  their  agreements  referred 
to  in  section  18  of  this  ordinance.  The  work  of  such  elevation  shall 'be 
fully  and  finally  completed  within  ninety  days  after  such  acceptance 
shall  have  been  filed  by  all  of  said  above  mentioned  three  railroad  com- 
panies, and  in  case  of  failure  or  default  on  the  part  of  said  Metropoli- 
tan West  Side  Elevated  Railroad  Company,  its  successors  or  assigns, 
to  complete  the  work  of  such  elevation  within  the  period  of  ninety  (90) 
days  from  and  after  the  acceptance  of  this  ordinance  by  all  of  said 
above  railroad  companies  mentioned  in  this  section,  said  company  shall 
pay  the  city  of  Chicago  as  assessed,  agreed  and  liquidated  damages, 
the  sum  of  two  hundred  ($200)  dollars  per  day  for  each  and  every  day 
that  such  default  shall  continue  and  such  elevation  of  the  structure  and 
tracks  of  said  Metropolitan  West  Side  Elevated  Railroad  shall  remain 
unfinished  and  incomplete,  it  being  agreed  that  the  said  sum  of  two 
hundred ($20.0)  dollars  per  dayis  not  a penalty, but  its  the  actual  amount 
of  damages  that  will  be  sustained  by  the  city  of  Chicago  through  any 
such  default  on  the  part  of  said  Metropolitan  West  Side  Elevated  Rail- 
road Company;  but  the  foregoing  provisions  in  relation  to  the  pay- 
ment of  said  damages  shall  not  be  in  any  way  held  to  interfere  with  the 
rights  to  be  derived  by  the  city  under  the  provisions  contained  in  sec- 
tion 14  of  this  ordinance;  but  shall  be  deemed  and  constructed  as  an 
additional  remedy  in  behalf  of  the  city  in  case  of  default  on  the  part 
of  said  Metropolitan  West  Side  Elevated  Railroad  Company.  The 
time  of  delay,  if  any,  occasioned  by  strikes,  riots  or  unavoidable  acci- 
dents, shall  be  added  to  the  ninety  (90)  days  above  provided  for  the 
completion  of  said  work. 

If  40.  Commencement  and  termination  of  work.]  § 14. 
The  Chicago,  Burlington  and  Quincy  Railroad  Company,  the  Chicago 
and  Northwestern  Railway  Company  and  the  Chicago  Terminal  Trans- 
fer Railroad  Company,  who  are  required  to  elevate  their  tracks,  shall 
commence  the  work  of  such  elevation  after  the  Metropolitan  West  Side 
Elevated  Railroad  Company’s  elevated  road  shall  be  raised  at  the 
crossing  of  that  road,  over  the  proposed  elevated  tracks  of  the  above 
three  named  railroad  companies  to  the  elevation  required  by  section  13 
of  this  ordinance;  Provided,  this  ordinance  shall  have  been  accepted 
by  the  said  above  mentioned  railroad  companies  hereby  required  to  ele- 
vate their  tracks 

After  such  work  has  commenced,  the  same  shall  be  fully  and  finally 
completed  on  or  before  the  thirty-first  da y of  December,  1902,  unless 
prevented  by  strikes  or  restrained  by  injunction  or  other  order  or 
process  of  a court  of  competent  jurisdiction. 

The  time  during  which  said  railroad  companies  shall  be  prevented 
by  strike  or  strikes  or  legal  proceedings,  as  aforesaid,  shall  be  added 
to  the  time  hereby  limited  for  the  completion  of  said  work;  Provided, 
said  railroad  companies  give  notice  to  the  corporation  counsel  of  the 
city  of  Chicago  of  the  institution  of  said  legal  proceedings.  The  city 


1996 


RAILROADS TRACK  ELEVATION. 


[§  918 


of  Chicago  shall  thereupon  have  the  right  to  intervene  in  any  suit  or 
proceeding  brought  by  any  person  or  persons  seeking  to  enjoin  or  re- 
strain, or  in  any  manner  interfere  with  the  prosecution  of  said  work, 
and  move  for  a dissolution  of  such  injunction  and  restraining  order, 
and  for  any  other  proper  order  in  such  suit. 

f 41.  Work,  how  to  be  prosecuted,  failure  or  negligence.] 
§ 15.  Each  and  every  one  of  the  companies  required  by  this  ordinance 

to  elevate  or  depress  its  tracks,  including  the  Metro- 
politan West  Side  Elevated  Railroad  Company,  shall  do  its 

portion  of  the  work  in  accordance  with  the  terms  hereof,  in  apt  and 
proper  time,  so  as  not  to  interfere  with  the  proper 

and  orderly  prosecution  of  such  work  as  a whole.  Should 
any  company  fail  or  neglect  so  to  prosecute  its  work,  the  commissioner 
of  public  works  of  the  city  of  Chicago  shall  have,  and  is  hereby  given 
the  right,  power  and  authority  to  give  ten  days’  notice  in  writine  to 
such  delinquent  company  to  prosecute  such  work.  If  such  company 
shall  fail  or  neglect  to  comply  with  said  notice,  the  commissioner  of 
public  works  may  take  charge  of  and  cause  such  work  to  be  done  and 
the  expense  thereof  shall  thereupon  be  paid  by  such  delinquent  com- 
pany. 

T 42.  To  be  completed,  when.]  § 16.  The  entire  work  re- 
quired of  each  company  shall  be  completed  by  the  thirty-first  day  of 
December,  A.  D.  1902,  except  that  the  time  during  which  any  of  said 
railway  companies  shall  be  prevented  from  work  by  strikes,  and  the 
time  during  which  it  shall  be  restrained  by  injunction  or  other  order  or 
a process  of  a court  of  competent  jurisdiction,  of  which  it  shall  have 
given  notice  to  the  corporation  counsel  of  the  citv  of  Chicago,  and  the 
time  in  excess  of  ninety  (90)  days  from  the  filing  of  the  agreements 
mentioned  in  section  18,  the  structures  and  tracks  of  the  Metropolitan 
West  Side  Elevated  Railroad  Company  shall  have  been  raised,  as  here- 
inbefore described  in  section  13  of  this  ordinance,  to  a height  of  not 
less  than  17  feet  above  the  elevated  tracks  hereby  required  and  the  time 
during  which  any  of  said  companies  required  by  this  ordinance  to  ele- 
vate their  respective  roadbeds  and  tracks  may  be  delayed  in  such  work 
without  its  own  fault,  in  consequence  of  any  other  of  said  companies 
to  do  the  work  by  this  ordinance  required  of  it,  or  in  consequence  of 
the  failure  of  any  street  railway  company  or  corporation  to  grade  or 
pave  any  part  of  any  subway  or  approach,  required,  to  be  graded  or 
paved,  and  such  last  named  street  railway  or  corporation  shall  be  added 
to  the  date  herein  fixed  for  the  completion  of  said  work. 

43.  Consideration,  dedication  of  streets,  condemnation.] 
S 17.  In  consideration  of  the  rights  and  privileges  hereby  granted  to 
the  Chicago,  Burlington  and  Quincy  Railroad.  Company  are  upon  the 
conditions  that  said  railroad  company  shall,  within  three  months  after 
the  passage  of  this  ordinance,  procure  and  dedicate  for  the  purpose  o 
public  streets,  the  following  described  property;  namely: 

That  part  of  lots  twenty  (20)  to  twenty-six  (26)  both  inclusive  of 


§ 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RAILROAD  CO.  1997 

block  two  (2),  of  Johnson’s  subdivision  of  the  north  half  (N.  y2)  of  the 
west  half  (W.  y2)  of  the  southwest  quarter  (S.  W.  %),  section  nineteen 
(19),  township  thirty-nine  (39)  north,  range  fourteen  (14),  east  of  third 
(3rd)  principal  meridian;  lying  north  of  and  adjoining  a straight  line 
drawn  from  a point  in  the  east  line  of  South  Western  avenue,  to  a point 
of  intersection  with  the  south  line' of  West  Eighteenth  street,  sixty-six 
(66)  feet  southeasterly  of  and  at  right  angles  and  parallel  to  the  south- 
easterly  line  of  the  Chicago,  Burlington  and  Quincy  Railroad  Com- 
pany’s right  of  way. 

That  part  of  lots  ten  (10)  and  eleven  (11),  in  sub-block  two  (2),  in 
subdivision  of  block  one  (1),  of  Walker’s  Douglas  Park  addition  in 
section  twenty-four  (24),  township  thirty-nine (39),  north,  range  thirteen 
^13),  east  of  the  third  (3rd)  principal  meridian;  lying  south  and  adjoin- 
ing a straight  line  drawn  from  a point  in  the  west  line  of  South  West- 
ern avenue,  to  a point  of  intersection  with  the  north  line  of  West 
Eighteenth  street;  sixty-six  (66)  feet  northwesterly,  of  at  right  angles 
and  parallel  to  the  northwesterly  line  of  the  Chicago,  Burlington  and 
Quincy  Railroad  Company’s  right  of  way.  That  part  of  lots  twenty- 
seven  (27),  twenty-eight  (28),  twenty-nine  (29),  thirty  (30)  and  thirty- 
one  (31),  in  block  three  (3),  of  McMahon’s  subdivision  of  the  west  half 
(W.  y2)  of  the  southeast  quarter  (S.  E.  of  section  twenty-four  (24), 
township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third 
(3rd)  principal  meridian;  lying  south  of  and  adjoining  a straight  line 
drawn  from  a point  in  the  west  line  of  Washtenaw  avenue,  to  a point 
of  intersection  with  the  east  line  of  Fairfield  avenue  fifty  (50)  feet  north- 
westerly of  and  at  right  angles,  and  parallel  to  the  northwesterly  line 
of  the  Chicago,  Burlington  and  Quincy  Railroad  Company’s  right  of 
way;  including  that  part  of  the  north  and  south  alley,  and  also  that  part 
of  the  alley  parallel  to  the  northwesterly  line  of  the  Chicago,  Burling- 
ton and  Quincy  Railroad  Company’s  right  of  way  now  dedicated  for 
public  use. 

That  part  of  lots  twenty-five  (25)  and  twenty-six  (26),  in  block  four 
(4),  of  McMahon’s  subdivision  of  the  west  half  (W.  y2)  of  the  north- 
east quarter  (N.  E.  y)  of  section  twenty-four  (24),  township  thirty- 
nine  (39)  north,  range  thirteen  (13),  east  of  the  third  (3rd)  principal 
meridian;  lying  south  of  and  adjoining  a straight  line  drawn  from  a 
point  in  the  west  line  of  Fairfield  avenue,  to  a point  of  intersection  with 
the  north  line  of  West  Nineteenth  street,  fifty  (50)  feet  northwesterly 
of  and  at  right  angles,  and  parallel  to  the  northwesterly  line  of  the  Chi- 
cago, Burlington  and  Quincy  Railroad  Company’s  right  of  way. 

That  part  of  lots  one  (1),  two  (2),  three  (3),  forty-nine  (49)  and  fifty 
(50),  in  block  six  (6),  McMahon’s  subdivision  of  the  west  half  (W.  y2) 
of  the  southeast  quarter  (S.  E.  y)  of  section  twenty-four  (24),  town- 
ship thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third  (3rd) 
principal  meridian;  lying  north  of  and  adjoining  a straight  line  drawn 
from  a point  in  the  west  line  of  Washtenaw  avenue  to  a point  of  in- 
tersection with  the  east  line  of  Fairfield  avenue,  fifty  (50)  feet  south- 
easterly of  and  at  right  angle  and  parallel  to  the  southeasterly  line  of 


1998 


RAILROADS TRACK  ELEVATION. 


L§9*8 


the  Chicago,  Burlington  and  Quincy  Railroad  Company’s  right  of  way, 
including  that  part  of  the  north  and  south  alley  now  dedicated  for 
public  use. 

1'hat  part  of  lots  eleven  (n),  twelve  (12)  and  thirteen  (13),  in  block 
sixteen  (16),  of  the  re-subdivision  of  blocks  six  (6),  seven  (7),  sixteen 
(16)  and  seventeen  (17),  of  Douglas  Park  addition  to  Chicago;  lying 
south  of  and  adjoining  a straight  line  drawn  from  a point  in  the  west 
line  of  Albany  avenue,  to  a point  of  intersection  with  the  north  line  of 
West  Twenty-first  street,  fifty  (50)  feet  northwesterly  of  and  at  right 
angles  and  parallel  to  the  northwesterly  line  of  the  Chicago,  Burling- 
ton and  Quincy  Railroad  Company’s  right  of  way,  including  part  of 
the  north  and  south  alley  now  dedicated  for  public  use. 

That  part  of  lot  twelve  (12),  in  block  twenty-two  (22),  in  Douglas 
Park  addition  to  Chicago,  lying  south  of  and  adjoining  a straight  line 
drawn  from  a point  in  the  west  line  of  Spaulding  avenue  to  a point  on 
the  east  line  of  north  and  south  alley  sixteen  (16)  feet  northwesterly  of 
and  at  right  angles  and  parallel  to  the  northwesterly  line  of  the  Chi- 
cago, Burlington  and  Quincy  Railroad  Company’s  right  of  way. 

That  part  of  lot  forty-one  (41),  in  block  two  (2),  of  Telford’s  sub- 
division of  the  east  ten  (10)  acres,  of  the  west  half  (W.  Y)  of  the  south- 
east quarter  (S.  E.  Y)  of  section  twenty-three  (23),  township  thirty- 
nine  (39)  north,  range  thirteen  (13),  east  of  the  third  (3rd)  principal 
meridian;  lying  south  and  adjoining  a straight  line  drawn  from  a 
point  in  the  west  line  of  Homan  avenue  to  the  east  line  of  the  north 
and  south  alley  sixteen  (16)  feet  northwesterly  of  and  at  right  angles 
and  parallel  to  the  northwesterly  line  of  the  Chicago,  Burlington  and 
Quincy  Railroad  Company’s  right  of  way. 

That  part  of  lots  six  (6),  seven  (7),  eight  (8),  nine  (9)  and  ten  (10), 
in  lot  one  (1),  of  W.  B.  Curtis’  re-subdivision  of  lots  one  (1),  eight  (8), 
nine  (9),  sixteen  (16),  seventeen  (17),  etc.,  book  eleven  (11),  page  thirty- 
nine  (39),  of  the  west  half  (W.  Y)  the  northeast  quarter  (N.  E.  Y) 
of  section  twenty-six  (26),  township  thirty-nine  (39)  north,  range 
thirteen  (13),  east  of  the  third  (3rd)  principal  meridian;  lying  north  and 
adjoining  a straight  line  drawn  from  a point  in  the  east  line  of  Trum- 
bull avenue  to  a point  of  intersection  with  the  south  line  of  West 
Twenty-second  street,  sixty  (60)  feet  southeasterly  of  and  at  right  an- 
gles and  parallel  to  the  southeasterly  line  of  the  Chicago,  Burlington 
and  Quincy  Railroad  Company’s  right  of  way. 

That  part  of  lots  twenty-two  (22),  twenty-three  (23),  twenty-four 
(24)  and  twenty-five  (25),  in  block  two  (2)  of  Traver’s  subdivision  of 
the  east  15.92  acres  of  the  west  30.92  acres  of  that  part  of  the  west  half 
(W.  V2)  of  the  southeast  quarter  (S.  E.  Y)  of  section  twenty-three  (23) 
township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  third  (3rd) 
principal  meridian;  lying  south  and  adjoining  a straight  line  drawn 
from  a point  in  the  west  line  of  Trumbull  avenue  to  a point  of  inter- 
section with  the  east  line  of  St.  Louis  avenue,  sixty  (60)  feet  north- 
westerly of  and  at  right  angles  and  parallel  to  the  northwesterly  line 
of  the  Chicago,  Burlington  and  Quincy  Railroad  Company’s  right  of 


g 918]  CHICAGO,  BURLINGTON  AND  QUINCY  RALLROAD  CO.  1999 

way,  including  that  part  of  the  north  and  south  alley  and  also  that  part 
of  the  alley  parallel  to  the  northwesterly  line  of  the  Chicago,  Burling- 
ton and  Quincy  Railroad  Company’s  northwesterly  line  of  right  of  way 
now  dedicated  for  public  use. 

That  part  of  lots  one  (i),  two  (2),  three  (3)  and  twenty-four  (24),  of 
sub-lots  two  (2),  seven  (7)  and  ten  (10),  in  subdivision  of  the  west  half 
(W.  ^2)  northeast  quarter  (N.  E.  %)  section  twenty-six  (26),  township 
thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third  prin- 
cipal meridian,  lying  north  of  and  adjoining  a straight  line  drawn 
from  a point  in  the  east  line  of  St.  Louis  avenue  to  a point  of  intersec- 
tion with  the  west  line  of  Trumbull  avenue,  thirty-three  (33)  feet 
southeasterly  of  and  at  right  angles  and  parallel  to  the  southeasterly 
line  of  the  Chicago,  Burlington  and  Quincy  Railroad  Company’s 
right  of  way,  including  that  part  of  the  north  and  south  alley  now 
dedicated  for  public  use. 

In  case  said  Chicago,  Burlington  and  Quincy  Railroad  Company 
shall  be  unable  to  purchase  said  property,  or  any  part  thereof  de- 
scribed in  this  section,  at  a price  deemed  by  said  railroad  company  to 
be  reasonable,  then  the  same  shall  be  condemned  by  the  city  ot  Chi- 
cago for  street  purposes,  and  the  compensation  and  damages  awarded 
in  such  proceedings,  including  court  costs  and  all  other  expense  of 
litigation  that  may  be  incurred  in  such  condemnation  proceedings, 
shall  be  paid  by  said  Chicago,  Burlington  and  Quincy  Railroad  Com- 
pany, and  said  Chicago,  Burlington  and  Quincy  Railroad  Company 
shall  have  the  right  to  take  part  in  said  condemnation  procedings,  in 
behalf  of  the  city,  by  counsel  specially  employed  by  it,  and  shall  have 
the  right  to  have  all  witnesses  that  it  may  name  called  to  testify  in 
condemnation  proceedings. 

If  44.  When  in  force,  conditions.]  § 18.  This  ordinance  shall 
take  effect  from  and  after  its  passage,  approval  and  publication;  pro- 
vided, however,  this  ordinance  shall  be  null  and  void  except  as  to  the 
proposed  elevation  of  the  tracks  of  the  Chicago,  Burlington  and 
Quincy  Railroad  Company,  from  the  Belt  Railway  of  Chicago  to  the 
west  line  of  the  right  of  way  of  the  Pittsburg,  Cincinnati,  Chicago 
and  St.  Louis  Railway  Company,  in  Campbell  avenue,  as  mentioned  in 
section  one  (1)  of  this  ordinance,  unless  each  and  every  one  of  said 
companies  which  are  by  this  ordinance  permitted  and  required  to  ele- 
vate or  depress  their  railroad  tracks,  except  the  Chicago,  Burlington 
and  Quincy  Railroad  Company,  shall,  through  the  authorized  officers 
of  said  several  companies,  file  with  the  mayor  of  the  city  of  Chicago, 
within  thirty  days  from  the  passage  and  approval  by  the  mayor  of 
this  ordinance,  agreement  or  agreements,  duly  executed,  whereby 
said  railway  companies  shall  undertake  to  do  and  perform  all  the 
matters  and  things  required  of  them,  respectively,  by  this  ordinance. 
After  the  filing  of  said  agreement  or  agreements  by  all  of  said  several 
companies,  and  not  before,  this  ordinance  shall  not  be  materially  mod- 


2000 


RAILROADS TRACK  ELEVATION. 


[§  9I8 


ified  or  amended  without  the  consent  of  any  company  effected  by  any 
proposed  modification,  unless  said  company  or  companies  shall  be 
in  default  in  the  performance  of  the  several  matters  and  things  re- 
quired by  this  ordinance  and  undertaken  to  be  done  by  such  agree- 
ment. No  act  or  default  of  any  of  the  other  companies  shall  avoid 
or  impair  any  of  the  rights  hereunder  of  the  said  Chicago,  Burlington 
and  Quincy  Railroad  Company,  so  long  as  it  shall  perform  the  mat- 
ters and  things  expressly  required  of  it  by  this  ordinance.  Nothing  in 
this  ordinance  contained  shall  be  a waiver  or  surrender  of  the  police 
power  of  the  city,  or  to  deprive  the  city  of  the  right  to  properly  exer- 
cise such  power. 


2001 


§ 919]  C.,  M.  & ST.  P.  R’Y  CO.  AND  C.  & N.  W.  R’Y  CO. 

CHICAGO  MILWAUKEE  AND  ST.  PAUL  RAILWAY  COM- 
PANY AND  CHICAGO  AND  NORTHWESTERN 
RAILWAY  COMPANY. 

§ 919.  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  and 

the  Chicago  and  Northwestern  Railway  Company. 

1.  Elevation  ordered. 

If  2.  Gradient, 
if  3.  Gradient, 
if  4.  Gradient. 

If  5.  Change  authorized. 

if  6.  C.  M.  & St.  P.  Elevation  of  “Y”  tracks  authorized. 

If  7.  Top  of  rails. 

Tf  8.  Embankment. 

Tf  9.  Authority— Council  Bluffs  Division. 

If  10.  Intersecting  streets. 

i 11.  Subways. 

if  12.  May  Fair  “cut  off.” 

If  13.  Subway  Irving  Park, 
if  14.  North  Kedzie  Ave.,  temporary  crossing, 
if  15.  Subways,  size  and  dimensions,  etc. 
if  16.  Grade  of  streets, 
if  17.  Vertical  curves. 

if  18.  Excavation  and  restoration  of  streets, 
if  19.  Depression  of  streets. 

If  20.  Drains  and  receiving  basins, 
if  21.  Structural  requirements,  subways,  how  paved, 
if  22.  Restoration  of  streets  and  sidewalks, 
if  23.  Paving  roadway. 

if  24.  Railway  companies  to  conform  to  grade, 
if  25.  Delay  of  paving— restoration  of  sidewalk,  when, 
if  26.  City  will  defend  suits  for  damages,  when, 
if  27.  Superintendence,  inspection  and  approval, 
if  28.  Permission  to  obstruct  streets. 

if  29.  Ordinances  as  to  speed,  trains,  gates,  watchmen,  signals,  to 
if  30.  Plans  and  specifications  to  be  submitted, 
if  31.  Work,  when  to  commence,  completion,  delays, 
if  32.  Failure  or  negligence  to  prosecute  work,  notice. 

If  33.  Dedication  of  streets. 

if  34.  Opening  of  streets,  bridges,  structural  requirements, 
if  35.  When  in  force— Agreements. 

An  ordinance  requiring  the  elevation  of  the  roadbed  and  tracks  of  the  Chi- 
cago, Milwaukee  & St.  Paul  Railway  Company,  and  the  Chicago  & North- 
western Railway  Company,  respectively,  and  to  elevate  the  plane  of  cer- 
tain of  their  railway  tracks  within  the  city  of  Chicago.  (Passed  Feb.  21, 
1898.  Accepted  by  both  companies,  Feb.  28,  1898.) 

If  1.  Elevation  ordered.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  the  Chicago,  Milwaukee  and  St. 

Paul  Railway  Company  and  the  Chicago  and  Northwestern  Railway 
Company  are  each,  respectively,  hereby  ordered  and  required  to  ele-. 
vate  the  plane  of  certain  of  their  roadbeds  and  tracks  within  certain 
limits  of  the  City  of  Chicago,  in  manner  and  upon  the  conditions 
herein  specified,  that  is  to  say: 


2002 


RAILROADS TRACK.  ELEVATION. 


[§  919 


.a  2.  Gradient.]  Paragraph  1.  Beginning  at  the  most  desirable 
point  on  the  existing  tracks  of  the  Chicago,  Milwaukee  and  St.  Paul 
Railroad  Company  southeast  of  North  Kedzie  avenue,  thence  said  ele- 
vated roadbed  and  tracks  shall  rise  on  a gradient  of  about  0.60  per 
centum  for  a distance  of  about  1,730  feet  to  a point  about  630  feet 
southeast  of  the  south  line  of  Grand  avenue,  where  an  elevation  of 
not  less  than  32.2  feet  above  city  datum  shall  be  attained;  thence  said 
elevated  roadbed  and  tracks  shall  continue  to  rise  in  a northerly  and 
westerly  direction  on  an  ascending  gradient  of  about  0.20  per 
centum  for  a distance  of  about  630  feet,  to  a point  about 
on  the  south  line  of  Grand  avenue,  where  an  elevation  of 
not  less  than  33.4  feet  above  city  datum  shall  be  attained;  thence 
said  elevated  roadbed  and  tracks  shall  continue  in  a northerly  and 
westerly  direction  on  an  ascending  gradient  of  about  .03  per  centum 
for  a distance  of  about  4,850  feet,  to  a point  on  the  south  line  of  Wa - 
bansia  avenue,  where  an  elevation  of  not  less  than  35.0  feet  above 
city  datum  shall  be  attained;  thence  said  elevated  roadbed  and  tracks 
shall  continue  in  a northerly  and  westerly  direction  on  a level  gradient 
for  a distance  of  about  10,560  feet,  to  a point  about  on  the  south  line 
of  West  Belmont  avenue,  where  an  elevation  of  not  less  than  35.0  feet 
above  city  datum  shall  be  attained;  and  crossing  in  said  last  men- 
tioned course,  at  grade,  the  proposed  elevated  roadbed  and  tracks  of 
the  Chicago  and  Council  Bluffs  division,  as  hereinafter  described  in 
section  1,  paragraph  2,  at  what  is  known  and  called  Pacific  Junction; 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  a northerly 
and  westerly  direction  on  an  ascending  gradient  of  about  .15  per 
centum  for  a distance  of  about  3,980  feet  to  apoint  about  on  the  south 
line  of  Milwaukee  avenue,  where  an  elevation  of  not  less  than  40.9 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 
and  tracks  shall  continue  in  a northerly  and  westerly  direction  on  a 
level  grade  for  a distance  of  about  1,720  feet  to  a point  about  on  the 
north  line  of  Irving  Park  boulevard,  where  an  elevation  of  not  less 
than  40.9  feet  above  city  datum  shall  be  attained;  and  crossing  at 
grade  in  said  last  mentioned  course  the  proposed  elevated  roadbed 
and  tracks  of  the  Mayfair  “Cut-off”  Branch  line  of  the  Chicago  and 
Northwestern  Railway  Company  as  hereinafter  mentioned;  thence 
said  elevated  roadbed  and  tracks  shall  continue  in  a northerly  and 
westerly  direction,  and  shall  descend  on  the  most  suitable  and  practi- 
cable gradient  to  a connection  with  the  present  roadbed  and  tracks 
northwest  of  Irving  Park  boulevard. 

3.  Gradient.]  Paragraph  2 * From  the  most  desirable 
point  east  of  North  Lawndale  avenue  on  the  existing  tracks  of  the 
Chicago  and  Council  Bluffs  division  of  the  Chicago.  Milwau- 
kee and  St.  Paul  Railway,  the  tracks  of  said  rail- 

way company  shall  rise  on  the  most  suitable  gradient  convenient  and 
practicable  to  said  railway  company  to  a point  about  on  the 
east  line  of  North  Lawndale  avenue,  where  an  elevation  of  not 


§ 919]  c.,  M.  & ST.  P.  r’y  CO.  AND  C.  N.  W.  r’y  CO.  2003 

Bluffs  division  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway,  the 
tracks  of  said  railway  company  shall  rise  on  the  most  suitable  gradient 
convenient  and  practicable  to  said  railway  company  to  a point  about 
on  the  east  line  of  North  Lawndale  avenue,  where  an  elevation  of  not 
less  than  32.5  feet  above  city  datum  shall  be  attained;  thence  said  ele- 
vated roadbed  and  tracks  shall  continue  in  a westerly  direction  on 
an  ascending  gradient  of  about  .30  per  centum  for  a distance  of  about 
830  feet  to  a point  about  10  feet  east  of  the  east  rail  of  the  most  east- 
erly track  of  the  Chicago  division  of  the  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company,  where  an  elevation  of  not  less  than  35.0 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 
and  tracks  of  said  Chicago  and  Council  Bluffs  division  shall  continue 
in  a westerly  direction  and  on  a level  gradient  to  a point  about  10 
feet  west  of  the  west  rail  of  the  most  westerly  track  of  the  Chicago 
Division  of  said  Chicago,  Milwaukee  and  St.  Paul  Railway,  and  cross- 
ing at  grade  in  said  last  mentioned  course  the  proposed  elevated  road- 
bed and  tracks  of  the  Chicago  division  of  said  Chicago,  Milwaukee 
and  St.  Paul  Railway,  as  hereinbefore  described  in  section  1,  Para- 
graph 1 ; thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
westerly  direction  on  a descending  gradient  of  about  .06  per  centum 
for  a distance  of  about  480  feet  to  a point  about  on  the  east  line  of 
North  Springfield  avenue,  where  an  elevation  of  not  less  than  34.7 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 
and  tracks  shall  continue  in  a westerly  direction  on  a descending 
gradient  of  about  .04  per  centum  for  a distance  of  about  730  feet  to 
a point  on  about  the  west  line  of  North  Fortieth  avenue,  where  an  ele- 
vator of  not  less  than  34.4  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  a westerly 
direction  and  shall  descend  on  the  most  suitable  gradient  convenient 
and  practicable  to  said  railway  company  to  a connection  with  their 
present  roadbed  and  tracks  west  of  North  Fortieth  avenue. 

4.  Gradient.]  Paragraph  3.  From  the  most  desirable 
point  south  of  Milwaukee  avenue  on  the  existing  tracks  of  the  Mayfair 
“Cut-off”  branch  line  of  the  Chicago  and  Northwestern  Rail- 
way, the  tracks  of  said  railway  company  shall  rise 
on  the  most  suitable  gradient  convenient  and  practicable  to  said  rail- 
way company  to  a point  about  on  the  south  line  of  Mil- 
waukee avenue,  where  an  elevation  of  not  less  than  40.9 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 
and  tracks  shall  continue  in  a northerly  direction  on  a level  gradient 
for  a distance  of  about  1,200  feet  to  a point  about  on  the  north  line 
of  Irving  Park  boulevard,  where  an  elevation  of  not  less  than  40.9 
feet  above  city  datum  shall  be  attained ; and  crossing  at  grade  in  said 
last  mentioned  course  the  proposed  elevated  roadbed  and  tracks  of 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  as  herein- 
before described;  thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a northerly  direction  and  shall  descend  on  the  most  suitable 


2004 


RAILROADS TRACK  ELEVATION.  [§  91^ 

gradient  convenient  and  practicable  to  said  railway  company  to  a 
connection  with  their  present  roadbed  and  tracks  north  of  Irving 
Park  boulevard. 

1 5.  Change  authorized.]  Paragraph  4.  The  railway  com- 
panies named  in  this  ordinance  are  hereby  authorized  to  make  such 
changes  in  the  position  and  alignment  of  their  respective  main  and  side 
tracks  and  switch  connections  as  may  be  desirable  in  order  to  carry  out 
the  provisions  of  this  ordinance. 

% 6.  Chicago,  Milwaukee  and  St.  Paul  elevation  of  “Y”  tracks 
authorized.]  Paragraph  5.  Permission  and  authority  are  also  hereby 
given  to  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  to 
elevate  the  “Y”  tracks  of  its  branch  lines  at  Pacific  Junction,  and  to 
make  such  changes  in  their  location  as  the  said  company  may  deem 
necessary. 

If  7.  Top  of  rail.]  Paragraph  6.  All  elevation  of  railroad 
tracks  mentioned  in  this  ordinance  shall  refer  to  the  top  of  the  rail. 

If  8.  Embankment.  § 2.  The  embankment  or  embankments 
on  which  said  elevated  roadbed  shall  be  constructed  within 
the  aforesaid  limits,  shall  be  composed  of  sand,  clay,  gravel, 
loam,  broken  stone,  and  whatever  else  may  compose  the  sur- 
plus material  excavated  from  the  subways  and  from  the  foundation 
pits  and  trenches  along  the  line  of  said  work.  The  side  slopes 
and  lateral  dimensions  of  said  embankments  will  be  fixed  and  deter- 
mined by  the  natural  angle  of  repose  of  the  materials  of  which  said 
embankments  may  be  constructed  but  whenever  it  may  become  nec- 
essary, for  the  purpose  of  keeping  said  embankments  entirely  within 
the  lines  of  the  right  of  way  of  said  company,  such  portion  of  said 
embankments  at  all  such  points  shall  be  kept  within  said  right  of  way 
lines,  by,  or  they  shall  be  confined  between,  retaining  walls  of  stone 
or  brick  masonry;  provided,  however,  that  whenever  said  retaining 
walls  are  of  insufficient  height  to  properly  protect  said  right  of  way, 
and  to  prevent  trespassing  thereon,  then  said  retaining  walls  as  afore- 
said shall  be  surmounted  with  a suitable  fence  or  railing,  but  when- 
ever said  retaining  walls  are  not  used  at  all,  the  right  of  way  of  said 
company  shall  be  fenced  in,  or  otherwise  properly  inclosed  in  compli- 
ance with  the  present  ordinances  of  the  city  of  Chicago  relating  to 
the  fencing  of  railroad  tracks. 

It  being  understood  and  agreed  that  said  companies  may,  and  that 
they  are  hereby  authorized  to,  construct  said  embankments  the  full 
width  of  their  respective  rights  of  way,  and  to  construct  and  operate 
thereon  such  number  of  tracks  as  they  may  deem  necessary,  and  to 
carry  said  tracks  over  all  intervening  streets,  avenues  or  alleys  in  the 
same  manner  as  is  herein  provided  for  existing  tracks. 

T 9.  Authority  Council  Bluffs  Division.]  § 2a.  To  enable 
the  Chicago,  Milwaukee  and  St.  Paul  Railwav  Company  to  prosecute 
the  work  of  the  elevation  of  their  roadbed  and  tracks,  in  accordance 
with  the  provisions  of  this  ordinance,  permission  and  authority  are 


§ 9 1 9] 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2005 


hereby  granted  to  said  railway  company  to  elevate  the  roadbed  and 
tracks  of  the  Chicago  and  Council  Bluffs  division  lying  east  and 
west  of  the  Chicago  division,  at  Pacific  Junction,  temporarily,  on 
embankments,  or  upon  an  open  trestle  work  structure,  but  the  abut- 
ments of  subways  at  the  intersection  of  North  Lawndale, 
North  Springfield  and  North  Fortieth  avenues  shall  be  constructed 
of  stone  in  accordance  with  the  provision  described  in  section  4a, 
and  neither  the  passage  of  this  ordinance,  the  incurring  of  any  ex- 
pense, nor  the  doing  of  any  work  thereunder  by  said  railway  company 
shall  ever  be  construed  in  any  manner  whatever  to  estop  or  prevent 
the  city  of  Chicago  from  hereafter  passing  an  ordinance  for  the  ele- 
vation of  roadbed  and  tracks  beyond  the  points  mentioned  in  this 
ordinance. 

Tf  10.  Intersecting  streets — bridges.]  § 3.  The  Said  elevated 
tracks  shall  be  carried  across  all  intersecting  streets,  avenues  and  al- 
leys, which  by  the  terms  of  this  ordinance  are  to  be  provided  with  sub- 
ways, on  suitable  bridges  of  one,  two,  three  or  four  spans,  whose  super- 
structure shall  consist  of  iron  or  steel  main  girders,  with  iron  or  steel 
main  floor  or  ordinary  track  stringers;  but  should  the  latter  method 
be  adopted,  some  suitable  device  shall  be  provided  to  prevent  storm 
water,  dirt,  oil  and  other  substances  from  dropping  from  such  elevated 
structure  upon  the  subways  beneath.  The  said  bridges  shall  be  sup- 
ported on  abutments  of  concrete,  stone  or  brick  masonry,  or  on  rows 
of  iron  or  steel  columns,  braced  together  laterally  and  erected  on 
and  anchored  to  masonry  foundations,  constructed  within  the  lines 
of  the  railroad  right  of  way  and  in  the  center  and  curb  lines  ot  the 
intersecting  avenues  and  streets,  or  as  provided  in  the  schedule  of 
subways  herein  contained. 

Tf  11.  Subways.]  § 4.  Paragraph  1.  Subways  shall  be  con- 
structed beneath  the  tracks  of  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company,  where  said  tracks  are  intersected  and  crossed  by 
North  Spaulding  avenue,  Augusta  street  (Grand  and  Homan  ave- 
nues), West  Division  street,  Central  Park  avenue  (Tinkham  and  Hirsch 
streets),  (North  Lawndale  avenue  and  Le  Moyne  street),  West  North 
avenue,  West  Wabansia  avenue,  Cortland  street,  Armitage  avenue, 
Dickens  avenue,  Humboldt  avenue  (North  Fortieth  and  Belden  ave- 
nues), West  Fullerton  avenue,  West  Wrightwood  avenue,  West  Diver- 
sey  avenue,  West  Wellington  street,  West  Belmont  avenue,  West  Ros- 
coe  street,  West  Addison  avenue,  Milwaukee  avenue,  Irving  Park 
boulevard,  North  Lawndale  avenue,  North  Springfield  avenue  and 
North  Fortieth  avenue. 

1 12.  Mayfair  “ Cut-off  subways.]  IF  2.  Subways  shall  be  con- 
structed beneath  the  tracks  of  the  Mayfair  “Cut-off”  branch  line  of  the 
Chicago  and  Northwestern  Railway,  where  said  tracks  are  intersected 
and  crossed  by  Milwaukee  avenue  and  Irving  Park  boulevard. 

1 13.  Subway  Irving  Park.]  1 3.  The  subway  at  Irv- 
ing Park  boulevard  shall  be  constructed  jointly  by  the  Chicago, 


2006 


RAILROADS TRACK  ELEVATION. 


[§  919 


Milwaukee  and  St.  Paul  Railway  Company  and  the  Chicago 
and  Northwestern  Railway  Company,  and  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company  shall  construct  that 
portion  of  said  subway  lying  west  of  line  midway  between 
the  nearest  rail  of  the  present  tracks  of  said  railway  com- 
panies, and  also  the  west  approach  of  said  subway;  and  the  Chi- 
cago and  Northwestern  Railway  Company  shall  construct  the  re- 
maining portion  and  east  approach  of  said  subway  lying  east  oi  said 
last  above  mentioned  line. 

IT  14.  North  Kedzie  avenue,  temporary  crossing.]  % 4. 

At  the  intersection  of  North  Kedzie  avenue  with  the  elevat- 
ed roadbed  and  tracks  of  the  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  on  the  descending  grade,  there  shall 
be  constructed  a temporary  grade  crossing  which  shall  con- 
form and  be  in  accordance  with  the  description,  specifications, 
dimensions  and  other  particulars  contained  in  the  schedule  set 
forth  in  section  4a  of  this  ordinance. 

1 15.  Subways,  size  and  dimensions,  etc.]  § 4a.  The  several 
subways,  passageways  and  street  grade  crossings  hereinbefore  referred 
to  in  section  4 of  this  ordinance,  which  shall  be  constructed  witn  the 
elevation  upon  which  such  tracks  are  to  be  placed,  shall,  as  to  their 
size  and  dimensions,  location  and  other  details,  be  in  accordance  with 
the  following  schedule: 

Grade  Crossing  at  North  Kedzie  Avenue,  over  the  Chicago,  Milwau- 
kee and  St.  Paul  Railway.  (Avenue,  66  feet  wide.) 

The  above  named  railway  company  shall  construct  at  the  inter- 
section of  North  Kedzie  avenue  with  the  elevated  roadbed  and  tracks 
on  the  declining  grade  from  North  Spaulding  avenue  to  a point  near 
West  Chicago  avenue  across  their  said  roadbed  and  tracks,  a good 
and  sufficient  street  crossing  of  said  North  Kedzie  avenue  until  such 
time  as  the  elevation  of  said  railwaytracks  shall  be  continued  southeast- 
erly from  a point  about  630  feet  southeasterly  from  the  south  line  of 
Grand  avenue;  said  company  shall  construct  approaches  from  the 
north  and  south  in  North  Kedzie  avenue  upon  gradients  from  the 
present  surface  of  said  streets  of  not  to  exceed  3.5  feet  in  100  feet. 
Said  crossing  shall  be  well  and  sufficiently  planked  across  said  ap- 
proach, and  said  planked  crossing  shall  be  of  the  full  width  of  the 
roadway  of  North  Kedzie  avenue.  Said  railway  company  shall  also 
construct  a wooden  sidewalk,  8 feet  in  width,  on  each  side  of  said  ave- 
nue within  the  limits  of  said  company’s  right  of  way. 

Subway  in  North  Spaulding  Avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  6.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  16.3  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street. 


§ 9J9] 


C. , M.  & ST.  P.  R Y CO.  AND  C.  & N.  W.  r’y  CO. 


2007 


Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway 

Width  of  roadway  and  sidewalks  outside  of  the  right  of  way  lines 
shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.0  feet 

Subway  in  Augusta  Street,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  subway  not  less 
than  18.4  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines 
shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  shall  not  be  required  to  construct  any  part 
of  this  subway  or  to  provide  any  opening  whatever  of  this  street 
across  or  through  its  proposed  elevated  embankments  or  structure,  as 
required  by  the  terms  of  this  ordinance,  until  such  time  as  the  land 
necessary  for  a continuous  street,  66  feet  in  width,  for  at  least  one- 
quarter  mile  in  length  on  each  side  of  the  right  of  way  of  said  railway 
company,  shall  have  been  properly  dedicated  or  condemned  for  public 
street  purposes,  and  said  street  shall  have  been  graded  or  otherwise 
properly  prepared  for  general  use  of  the  public. 

Subway  in  Grand  Avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Grand  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.6  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  19.4  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  Homan  avenue,  as  they  shall 


“2008  RAILROADS TRACK  ELEVATION.  [§  919 

be  changed  so  as  to  conform  to  the  lines  of  street  as  hereinafter  spec- 
ified in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  42  feet  in  subway. 

Width  of  sidewalks,  12  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Grand  avenue,  and  in  Homan  avenue 
they  shall  be  made  to  conform  with  the  new  lines  of  street. 

The  depression  of  sidewalk  shall  be  uniform  with  the  roadway  and 
about  one  foot  above,  the  level  of  the  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Division  Street,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Division  street,  80  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  subway  not 
less  than  19.9  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  the  walls  of  subway,  80  feet. 

Width  of  roadway,  48  feet  in  subway. 

Width  of  sidewalks,  16  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines 
shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders 

Clear  head  room,  12.5  feet. 

Subway  in  Central  Park  Avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (Central  Park  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  20.8  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  . 
loo  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

* Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines 
shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 


9*9] 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2009 


Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Hirsch  Street,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Hirsch  Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.1  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  Tinkham  street,  as  they  shall 
be  changed  so  as  to  conform  to  the  lines  of  the  street  as  hereinafter 
specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Hirsch  street,  and  in  Tinkham  street 
they  shall  be  made  to  conform  to  the  new  lines  of  the  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Le  Moyne  Street,-  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Le  Moyne  Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.1  feet  above  city  datum.  This  level  shall  extend  on  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  leet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  North  Lawndale  avenue,  as 
they  shall  be  changed  so  as  to  conform  to  the  lines  of  the  street  as 
hereinafter  specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Le  Moyne  street,  and  in  North 
Lawndale  avenue  they  shall  be  made  to  conform  to  the  new  lines 
of  the  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 


2010  RAILROADS TRACK  ELEVATION.  [§  919 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  West  North  Avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  North  Avenue,  100  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  20.9  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  present  surface  of  street,  including 
the  south  approach  of  Ridgeway  avenue 

Width  between  the  walls  of  subway,  100  feet. 

Width  of  roadway,  60  feet  in  subway. 

Width  of  sidewalks,  20  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  in 
West  North  avenue  and  Ridgeway  avenue  shall  be  the  same  as  they 
now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet 

Subway  in  West  Wabansia  Avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Wabansia  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  south  approach  of  Hamlin  avenue. 

Width  between  walls  of  subway,  60  feet, 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  in 
West  Wabansia  avenue  and  Hamlin  avenue  shall  be  the  same  as  they 
now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Cortland  Street,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Cortland  Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 


§ 919]  c.,  M-  & st.  p-  R Y co-  AND  c-  & N*  w-  R Y co.  2011 

less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  the  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

W'idth  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalk  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Armitage  Avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Armitage  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed. 3. 5 feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  including 
the  north  and  south  approaches  of  North  Springfield  avenue,  as  they 
shall  be  changed  so  as  to  conform  to  the  lines  of  street  as  hereinafter 
specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Armitage  avenue,  and  in  North 
Springfield  avenue  they  shall  be  made  to  conform  to  the  new  lines 
of  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet 

Subway  in  Dickens  Avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Dickens  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 


2012 


RAILROADS TRACK  ELEVATION. 


Width  of  sidewalks,  io  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway  and 
about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Humboldt  Avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Humboldt  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  West  Belden  Avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Belden  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.8  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  floor  of  subway  not 
less  than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  teet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  North  Fortieth  avenue,  as  they 
shall  be  changed  so  as  to  conform  to  the  lines  of  the  street  as  herein- 
after specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  oi  way  lines  shall 
be  the  same  as  they  now  exist  in  West  Belden  avenue,  and  in  North 
Fortieth  avenue  they  shall  be  made  to  conform  with  the  new  lines  of 
the  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  the  level  of  the  same. 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2013 


9 1 9] 


Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Fullerton  Avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Fullerton  Avenue,  100  feet  wide.) 

The  depression  of  streets  shall  not  exceed  5.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.0  feet  above  city  datum.  This  level  shall  extend  on  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  60  feet  in  subway. 

Width  of  sidewalks,  20  feet  each  in  subway. 

Width  of  roadway  and  sidewalk  outside  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Wrightwood  Avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Wrightwood  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  streets. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  shall  not  be  required  to  construct  any  part 
of  this  subway  or  to  provide  any  opening  whatever  of  this  street 
across  or  through  its  proposed  elevated  embankment  or  structure,  as 
required  by  the  terms  of  this  ordinance,  until  such  time  as  the  land 
necessary  for  a continuous  street  66  feet  in  width  for  at  least  one- 
quarter  mile  in  length  upon  each  side  of  the  right  of  way  of  said  rail- 
way company,  shall  have  been  properly  dedicated  or  condemned  for 


2014  RAILROADS TRACK  ELEVATION.  [§  919 

public  street  purposes,  and  said  street  shall  have  been  graded  or 
otherwise  properly  prepared  for  general  use  of  the  public. 

Subway  in  West  Diversey  Avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Diversey  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depressions  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet 

Subway  in  West  Wellington  Street,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Wellington  Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.7  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  streets. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway  and 
about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  shall  not  be  required  to  construct  any  part 
of  this  subway  or  to  provide  any  opening  whatever  of  this  street 
across  or  through  its  proposed  elevated  embankment  .or  structure,  as 
required  by  the  terms  of  this  ordinance,  until  such  time  as  the  land 
necessary  for  a continuous  street  66  feet  in  width  for  at  least  one- 
quarter  mile  in  length  upon  each  side  of  the  right  of  way  of  said  rail- 
way company  shall  have  been  properly  dedicated  or  condemned  for 


§ 919]  c.,  M*  & ST-  p-  R Y co.  and  c-  & n.-w.  r’y  co.  2015 

public  street  purposes,  and  said  street  shall  have  been  graded  or 
otherwise  properly  prepared  for  general  use  of  the  public. 

Subway  in  West  Fullerton  Avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Fullerton  Avenue,  100  feet  wide.) 

The  depression  of  streets  shall  not  exceed  5.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.0  feet  above  city  datum  This  level  shall  extend  on  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  60  feet  in  subway 

Width  of  sidewalks,  20  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Wrightwood  Avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Wrightwood  Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  streets. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform,  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure,  as  required 
by  the  terms  of  this  ordinance,  until  such  time  as  the  land  necessary  for 
a continuous  street  66  feet  in  width  for  at  least  one-quarter  mile  in 
length  upon  each  side  of  the  right  of  way  of  said  railway  company, 
shall  have  been  properly  dedicated  or  condemned  for  public  street  pur- 


2016  RAILROADS — TRACK  ELEVATION.  [§  919 

poses,  and  said  street  shall  have  been  graded  or  otherwise  properly  pre- 
pared for  general  use  of  the  public. 

Subway  in  West  Diversey  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Diversey  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.0  feet 

Subway  in  West  Wellington  street,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Wellington  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surface  of  streets. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway,  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure,  as  required 
by  the  terms  of  this  ordinance,  until  such  time  as  the  land  necessary 
for  a continuous  street  66  feet  in  width  for  at  least  one-quarter  mile  in 
length  upon  each  side  of  the  right  of  way  of  said  railway  company  shall 
have  been  properly  dedicated  or  condemned  for  public  street  pur- 


§ 9*9]  c.,  m.  & st.  p.  r’y  co.  and  c.  & n.  w.  r’y  CO.  2017 

poses,  and  said  street  shall  have  been  graded  or  otherwise  properly 
prepared  for  general  use  of  the  public. 

Subway  in  West  Belmont  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Belmont  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  6.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.0  feet  above  city  datum.  This  level  shall  extend  on  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Roscoe  street,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Roscoe  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  23.6  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  the  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway,  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure,  as  required 
by  the  terms  of  this  ordinance,  until  such  time  as  the  land  necessary 
for  a continuous  street  66  feet  in  width  for  at  least  one-quarter  mile  in 
length  upon  each  side  of  the  right  of  way  of  said  railway  company  shall 
have  been  properly  .dedicated  or  condemned  for  public  street  pur- 


2018  RAILROADS TRACK  ELEVATION.  [§  919 

poses,  and  said  street  shall  have  been  graded  or  otherwise  properly 
prepared  for  general  use  of  the  public 

Subway  in  West  Addison  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Addison  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  25.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Milwaukee  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (Milwaukee  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
east  approach  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
north  approaches  of  Vernon  avenue  and  Depot  place;  and  the  west 
approach  shall  extend  on  a grade  of  not  to  exceed  1.5  feet  in  100  feet 
to  a connection  with  the  new  grade  of  Milwaukee  avenue,  as  it  shall 
be  changed  between  the  subways  of  the  Chicago  and  Northwestern 
Railway  and  the  Chicago,  Milwaukee  and  St.  Paul  Railway;  and  the 
elevation  of  this  new  grade  shall  not  be  less  than  29.0  feet  above  city 
datum 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subwray. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Milwaukee  avenue  and  in  all  the 
streets  intersecting  or  meeting  said  Milwaukee  avenue. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway  and 
about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway  to  support  girders. 

Clear  head  room.  12.5  feet. 


§ 9'9] 


C.,  M.  & ST.  P.  R’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2019 


Subway  in  Irving  Park  boulevard,  under  the  Chicago,  Milwaukee  and 
St.  Paul  Railway  and  Chicago  and  Northwestern  Railway.  (Irving 
Park  boulevard,  ioo  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the  most 
easterly  and  most  westerly  right  of  way  lines  of  said  railways.  From 
this  level  the  approaches  shall  extend  on  a grade  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  including 
the  north  approach  to  Charles  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  56  feet  in  subway. 

Width  of  sidewalks,  22  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines,  and 
in  Charles  street,  shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway,  and 
about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet 

Subway  in  North  Lawndale  avenue,  under  the  Chicago,  Milwaukee 
and  St.  Paul  Railway.  (North  Lawndale  avenue,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  4.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  19.2  feet  above  city  datum.  This  level  shall  extend  on  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet 

Subway  in  North  Springfield  avenue,  under  the  Chicago,  Milwaukee 
and  St.  Paul  Railway.  (North  Springfield  avenue,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  5.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.2  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 


2020  RAILROADS TRACK  ELEVATION.  [§  919 

approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet,  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  North  Fortieth  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (North  Fortieth  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.0  feet  below  the  present 
-surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  20.4  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Milwaukee  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Milwaukee  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5-0  feet  below  the  present 
surface  of  track,  making  the  elevation  of  floor  of  subway  not  less  than 
26.9  feet  above  city  datum.  This  level  shall  extend  to  the  right  of  way 
lines  of  said  railway  on  each  side  thereof.  From  this  level  the  west 
approach  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet 
to  a connection  with  present  surface  of  street,  and  the  east  approach 
shall  extend  on  grade  of  not  to  exceed  1.5  feet  in  100  feet  to  a connec- 
tion with  the  new  grade  of  Milwaukee  avenue,  as  it  shall  be  changed 
between  the  subways  of  the  Chicago  and  Northwestern  Railway  and 
the  Chicago,  Milwaukee  and  St.  Paul  Railway,  and  the  elevation  of 
this  new  grade  shall  not  be  less  than  29.0  feet  above  city  datum. 

Width  between  walls  of  subway,  66  feet 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  shall  be 


§ 9 1 9 j 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  R*Y  CO. 


2021 


the  same  as  they  now  exist  in  Milwaukee  avenue  and  in  all  the  streets- 
intersecting  or  meeting  said  Milwaukee  avenue. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet 

Wherever,  in  the  foregoing  subway  specifications,  the  words  “right 
of  way  of  said  railway”  are  used,  it  shall  be  understood  and  agreed  that 
such  right  of  way  is  not  more  than  one  hundred  (100)  feet  in  width. 

Masonry  lines,  abutments,  etc.  ] For  the  purpose  of  determining 
the  lines  on  which  masonry,  abutments  and  posts  supporting  bridges 
may  be  placed,  the  street  and  curb  lines  of  the  street  over  which  a 
bridge  is  to  be  built,  may  be  construed  as  extending  into  or  across  any 
intersecting  street,  avenue  or  alley,  a sufficient  distance  for  the  location 
of  the  masonry  and  posts  required  for  said  bridge.  Nothing  in  this 
ordinance  contained  and  named  shall  be  so  construed  as  to  prevent 
either  of  said  companies  from  locating  and  constructing  the  abutments 
which  form  the  parallel  walls  of  said  subways  at  any  distance  back 
from  the  lot  lines  of  said  streets  and  avenues,  so  as  to  enable  said  com- 
panies to  construct,  maintain  and  use  therein  station  or  other  build- 
ings, fronting  on  said  streets  and  avenues  uniform  with  the  said  lot 
lines  thereof  and  entirety  within  the  right  of  way  lines  of  said  com- 
panies, for  the  accommodation  and  convenience  of  its  traffic,  or  for  any 
other  purpose  in  connection  with  the  efficient  maintenance  and  oper- 
ation of  said  companies’  railroads. 

U 16.  Grade  of  streets.]  § 4b.  The  grade  of  all  the  streets 
that  intersect  the  approaches  to  subways  described  in  section  4 of  this 
ordinance  shall  be  depressed  so  as  to  conform  to  the  grade  of  the 
approaches  into  such  subways. 

T 17.  Vertical  curves.]  § 4c.  In  the  several  subways  men- 
tioned in  this  ordinance,  there  shall  be  constructed  a vertical  curve 
where  the  head  of  approaches  connects  with  the  present  grade  of 
street;  and  said  vertical  curve  shall  extend  not  less  than  20  feet  each 
side  of  said  intersection  of  grades,  and  the  middle  ordinate  of  the  ver- 
tical curve  shall  be  equal  to  one-half  of  the  difference  between  the  ele- 
vation of  the  points  on  said  intersecting  grades. 

1 18.  Excavation  and  rsstoration  of  streets.]  § 5.  All  such' 
excavations  shall  be  made  in  the  streets  as  may  be  required  for  the  de- 
pression of  such  subways  and  the  approaches  thereto.  But  the  de- 
pressed portions  of  the  streets  shall  be  restored  to  serviceable  condi- 
tion for  the  use  of  the  public  as  soon  as  practicable,  and  all  water  pipes, 
conduits,  sewers  and  other  similar  substructures  belonging  to  the  city 
that  may  be  disturbed  by  such  excavations  or  required  to  be  moved  or 
deflected  from  the  position  in  which  they  are  found,  shall  be  replaced 
or  suitable  expedients  and  arrangements  shall  be  devised  and  pro- 
vided to  restore  them  as  fully  as  may  be  to  their  former  state  of  useful- 


2022 


RAILROADS TRACK  ELEVATION. 


[§  919 


ness,  but  the  gradients  of  the  sewers  shall  not  be  reduced  in  any  event. 

All  such  work  shall  be  done  by  the  respective  railroad  companies  as 
indicated  in  section  4a,  at  their  sole  expense,  and  under  the  immediate 
supervision  and  to  the  satisfaction  of  the  commissioner  of  public  works 
of  the  city  of  Chicago. 

And  if,  in  the  construction  of  any  of  said  subways  or  approaches  it 
shall  become  necessary  to  disturb,  remove  or  destroy  any  pipes,  con- 
duits, wires  or  other  property  belonging  to  any  private  corporation 
or  individual,  all  of  the  cost  and  expense  thereof  and  all  damage  there- 
to shall  be  borne  and  assumed  by  the  city  of  Chicago,  and  the  said 
city  will,  by  condemnation,  purchase  or  otherwise,  secure  to  said  rail- 
way company  the  free  and  uninterrupted  right  to  prosecute  its  said 
work,  and  will  save  the  said  railway  company  harmless  from  any  and 
all  claims,  demands  and  suits  arising  therefrom,  and  all  damages  which 
may  be  recovered  therefor 

T 19.  Depression  of  streets.]  § 6.  The  grades  of  all  the  streets 
and  alleys  in  which  any  subways  are  to  be  built,  in  accordance  with 
the  provisions  of  this  ordinance,  or  where  streets  shall  be  depressed 
in  accordance  with  the  provisions  of  this  ordinance,  along  the  line  of 
the  several  subways,  shall  be  and  the  same  are  hereby  changed  so  as 
to  conform  to  the  grades  of  such  subways  as  they  shall  be  depressed 
and  constructed  pursuant  to  the  provisions  of  this  ordinance. 

If  20.  Drains  and  receiving  basins.]  § 7.  Provision  shall  be 
made  for  the  drainage  of  the  several  depressed  subways  provided  tor 
in  this  ordinance  by  the  construction  of  receiving  basins  properly  lo- 
cated in  or  immediately  adjacent  to  said  subways,  which  said  receiving 
basins  shall  be  connected  with  and  discharge  their  contents  into  the 
adjacent  city  sewers;  provided  there  shall  be  a city  sewer  adjacent  to 
said  subway  and  within  two  hundred  (200)  feet  therefrom.  In  case 
the  lowest  point  of  the  surface  of  any  of  said  subways  should  be  be- 
low the  grade  of  the  adjacent  sewer,  some  other  adequate  means  of 
drainage  satisfactory  to  the  commissioner  of  public  works  must  be 
devised  and  provided  by  said  railroad  companies  at  their  expense. 

T 21.  Structural  requirements,  subways,  how  paved.]  § 8. 
Paragraph  1.  The  subways  and  approaches  thereto  so  to  be  con- 
structed by  said  companies  in  said  streets  and  avenues  aforesaid,  snail 
all  conform  to  the  following  structural  requirements,  viz. : The  road- 

ways shall  be  paved  with  a single  course  of  vitrified  brick  of  standard 
quality,  laid  at  right  angles  with  the  curb  lines  and  set  upon  a solid 
foundation  of  hydraulic  cement  concrete  of  not  less  than  six  (6)  inches 
thick  or  deep  when  solidly  tamped  in  place  and  otherwise  finished  and 
properly  crowned  ready  for  the  brick  wearing  surface,  between  which 
and  the  concrete  there  shall  be  interposed  a layer  of  screened  sand  not 
less  than  one-half  inch  thick.  The  curb  shall  be  of  sound  hard  lime- 
stone of  standard  dimensions  and  finish,  and  the  sidewalks  in  subways 
shall  be  finished  and  paved  with  Portland  cement  concrete  of  standard 
quality  and  workmanship,  and  with  the  curbing  and  roadway  paving 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2023 


919] 


shall  be  made,  finished  and  put  in  permanent  place  in  accordance  with 
the  requirements  of  the  department  of  public  works  of  the  city  of  Chi- 
cago. The  approaches  of  subways  shall  be  excavated  to  the  grades 
established  by  this  ordinance  and  shall  be  in  all  other  respects  re- 
stored as  near  as  may  be  to  their  condition  before  being  so  excavated. 

T 22.  Restoration  of  streets  and  sidewalks.  ] As  to 
streets  in  this  section  mentioned,  which  are  already  paved  or  provided 
with  sidewalks,  such  paving  and  sidewalks  shall  be  restored  with  the 
present  material,  when  the  same  is  in  good  condition,  by  said  railroad 
company  or  companies,  at  their  own  expense,  in  such  portions  of  said 
streets  as  are  required  to  be  constructed  by  said  company  or  compa- 
nies, except  that  said  railway  company  or  companies  are  not  required 
to  restore  any  part  of  the  paving  of  approaches  of  subways,  which  will 
be  the  duty  of  any  street  railway  company  or  other  corporation  itself 
to  restore  under  existing  laws  or  ordinances. 

T 23.  Paving  Roadway.  ] Said  company  or  companies 
shall  pave  the  entire  length  and  width  of  the  roadway  in  such  portions 
of  the  subways  as  are  required  to  be  constructed  by  said  company  or 
companies  as  is  mentioned  in  this  ordinance,  except  that  such  company 
or  companies  shall  not  be  required  to  pave  any  part  of  the  subways 
to  be  occupied  by,  or  adjacent  to  street  railway  tracks,  which  by  rea- 
son of  existing  laws  or  ordinances,  it  will  be  the  duty  of  any  street 
railway  company,  or  other  corporation,  itself  to  pave. 

1 24.  Railway  companies  to  conform  to  grade.  ] Any 
street  railway  company  occupying  any  of  the  streets  in  the  cit3^  of 
Chicago  crossed  by  said  elevated  railway  of  either  of  said  companies, 
shall,  when  and  as  the  grade  of  such  street  shall  be  changed  as  in  this 
ordinance  provided,  at  its  own  expense,  without  claim  for  damages, 
conform  the  grade  of  its  track  or  tracks  to  the  said  change  of  grade 
of  said  streets,  and  nothing  in  this  ordinance  shall  operate  or  be  held 
to  relieve  such  street  railway  companies  from  any  liability  now  exist- 
ing, however  created,  to  pave  or  bear  the  expense  of  paving  such 
streets  between  or  on  either  side  of  the  rails  of  its  said  tracks  in  the 
manner  and  form  as  now  required. 

If  25.  Delay  of  paving— restoration  of  sidewalk,  when.] 
Wherever  the  elevated  tracks  and  roadbed  constructed  un- 
der and  in  accordance  with  the  provisions  of  this  ordinance,  shall  pass 
over  any  street,  alley,  avenue  or  public  way  at  which,  according  to  the 
terms  of  this  ordinance  a subway  is  required  to  be  constructed  by  said 
railway  company  or  companies,  which  street,  alley,  avenue  or  public 
way  shall  not  already  be  paved  or  provided  with  sidewalks  at  the  time 
of  such  construction  and  for  which  pavement  or  sidewalks  no  ordi- 
nance shall  have  been  passed  by  the  city  council  of  the  city  of  Chi- 
cago, then  and  in  that  case  the  paving  of  such  subway  may  be  delayed 
until  the  improvement  of  the  portions  of  the  street  contiguous  shall  be 
ordered  by  the  city  council  and  the  contract  therefor  shall  be  let. 
Thereupon,  on  notice  from  the  commissioner  of  public  works,  said 


2024 


RAILROADS — TRACK  ELEVATION. 


company  or  companies  shall  proceed  at  once  with  the  work  of  paving, 
or  with  the  construction  of  sidewalks,  in  accordance  with  the  pro- 
visions of  section  8,  and  paragraphs  I to  4,  inclusive,  of  this  ordinance. 
Should  any  company,  after  such  notice,  fail  or  neglect  so  to  proceed 
with  its  work,  the  commissioner  of  public  works  of  the  city  of  Chicago 
shall  have  and  is  hereby  given  the  right,  power  and  authority  to  take 
charge  of  and  cause  such  work  to  be  done,  and  the  expense  thereof 
shall  thereupon  be  paid  by  such  delinquent  company. 

If  26.  City  will  defend  suits  for  damage  — when.  ] 
Nothing  in  this  ordinance  contained  shall  be  so  construed  as  to  require 
the  said  railway  companies,  or  either  of  them,  to  assume  or  pa_y  any 
damages  to  adjacent  property  or  business  caused  by  the  passage  and 
enforcement  of  this  ordinance,  #or  by  the  excavation,  depression  or 
change  of  grade  made  in  any  of  the  public  avenues,  streets  or  alleys, 
or  of  the  railways  of  either  of  said  companies,  or  to  defend  any  suit 
or  suits  which  may  be  brought  against  the  said  railway  companies,  or 
either  of  them,  or  against  the  city  of  Chicago,  or  against  any  other 
party  or  parties  for  the  recovery  of  any  such  damages,  but  it  is  under- 
stood, and  the  city  of  Chicago  hereby  agrees,  that  all  such  damages, 
if  there  are  any,  shall  be  adjusted  and  paid  by  the  city  of  Chicago,  and 
said  city  will  assume  the  defense  of  any  and  all  suits  brought  for  the 
recovery  of  the  same,  intervening  therein,  if  necessary  for  such  pur- 
pose, and  will  wholly  relieve  said  railway  companies  from  defending 
the  same,  and  will  assume  and  pay  all  judgments  recovered  therein; 
Provided,  however,  that  each  of  said  companies  shall  be  liable,  re- 
spectively, for  such  damage  as  may  arise  from  the  negligent  perform- 
ance by  said  company  or  any  of  the  obligations  imposed  upon  it  by 
this  ordinance.  The  above  stipulations  in  this  paragraph  are,  however, 
upon  the  condition  precedent  that,  in  case  any  suit  be  brought 
against  any  of  the  said  companies,  said  company  will,  before  the  last 
day  to  plead  therein,  give  notice  in  writing  of  such  suit  and  of  such 
service  to  the  mayor  and  corporation  counsel  of  said  city  for  the  pur- 
pose of  enabling  such  defense  to  be  made  by  the  city. 

I-  27.  Superintendence,  inspection  and  approval.]  § 9.  All 
the  work  hereinbefore  in  this  ordinance  required  to  be  done  by  said 
company  or  companies  upon,  or  in  connection  with,  the  public  avenues 
and  streets  of  the  city  shall  be  done  and  performed  under  the  super- 
intendence and  subject  to  the  inspection  and  approval  of  the  commis- 
sioner of  public  works  of  said  city.  At  least  ten  (10)  days  prior  to  the 
commencement  of  any  part  of  such  work  the  plans  and  specifications 
therefor  shall  be  submitted  to  said  commissioner  of  public  works  for 
his  examination,  and  if  found  to  be  in  accordance  with  the  provisions 
of  this  ordinance  in  so  far  as  this  ordinance  contains  specific  provi- 
sions and  in  the  absence  of  such  specific  provisions,  if  they  shall  be 
satisfactory  to  the  commissioner  of  public  works  in  regard  to  matters 
and  details,  which  by  this  ordinance  are  left  to  his  discretion  and  judg- 
ment, such  plans  shall  be  approved  by  him,  and  after  such  approval 


§ 919]  c.,  M*  & ST*  p-  R Y co-  AND  c-  & N-  w-  RY  co-  2025 

all  of  the  work  outlined  and  included  therein  shall  be  constructed  in 
strict  conformity  therewith. 

T 28.  Permission  to  obstruct  streets.!  § 10.  Permission 
and  authority  are  hereby  given  to  said  companies,  whenever  the  same 
shall  be  necessary  in  the  prosecution  of  the  work  which  they  are  here- 
in authorized  or  required  to  perform,  to  obstruct,  temporarily,  any  pub- 
lic street,  avenue  or  alley  to  such  extent  and  for  such  length  of  time  as 
may  be  approved  by  the  commissioner  of  public  works,  and  they  are 
also  hereby  authorized,  whenever  the  same  shall  become  necessary,  to 
erect  and  maintain  temporary  structures  and  false  work  in  any  of  said 
streets  and  avenues  during  the  construction  of  their  said  elevated  rail- 
way tracks,  subject  to  the  like  approval  of  said  commissioner  of  public 
works 

1 29.  Ordinances  as  to  speed,  trains,  gates,  watchmen, 
signals,  to  cease;  trespassing.]  § 11.  When  the  said  railroads,  in 
section  1 of  this  ordinance  mentioned,  shall  have  elevated  their  re- 
spective tracks  in  accordance  with  this  ordinance,  so  that  the  same 
shall  be  ready  for  use,  then  and  thereupon  all  provisions  of  the  ordi- 
nances of  the  city  of  Chicago  relating  to  the  speed  of  railway  trains, 
the  length  of  trains,  the  number  of  cars  to  constitute  a train,  and  the 
maintenance  of  gates,  flagmen,  watchmen,  signals  and  signal  towers, 
shall  cease  to  be  applicable  to  said  railroads;  Provided,  however,  that 
this  ordinance  is  not  to  be  construed  as  a waiver  or  surrender  by  the 
oity  of  Chicago  of  any  of  its  police  powers,  or  of  the  right  at  any  time 
hereafter  to  pass  necessary  and  reasonable  police  ordinances  in  relation 
to  the  matters  last  above  enumerated.  After  such  elevation,  it  shall  be 
unlawful  for  any  person  or  persons,  save  employes  of  said  companies, 
or  either  of  them,  in  the  discharge  of  their  duties,  to  enter  or  be  upon, 
or  to  walk  along  or  across  the  said  elevated  structure  or  roadway  at 
any  place.  If  any  person  shall  wilfully  trespass  upon  said  elevated 
roadway,  such  person,  and  all  others  aiding,  abetting  or  assisting 
therein,  shall  be  liable  to  a fine  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  and  every  offense. 

T 30.  Plans  and  specifications  to  be  submitted.]  § 12. 
Said  railway  company  or  companies  mentioned  in  this  ordinance  shall, 
at  least  ten  (10)  days  prior  to  the  commencement  of  any  part  or  parts 
of  said  work,  submit  to  the  commissioner  of  public  works,  for  his  ap- 
proval, complete  plans  and  specifications  of  said  part  or  parts  of  said 
proposed  work,  for  the  purpose  of  ascertaining  whether  the  same  are 
in  strict  compliance  with  the  provisions  of  this  ordinance,  and  after 
approval  of  all  such  plans  and  specifications  by  the  commissioner  of 
public  works,  all  of  said  work  shall  be  constructed  in  strict  accordance 
therewith,  and  to  the  entire  satisfaction  of  the  said  commissioner  of 
public  works,  and  not  otherwise,  except  as  herein  otherwise  provided. 

If  31.  Work,  when  to  commence,  completion,  delays.] 
§13.  The  railway  companies  mentioned  in  section  1 of  this  ordi- 
nance, and  which  are  required  to  elevate  their  tracks,  shall  commence 


2026 


RAILROADS TRACK  ELEVATION. 


[§  919 


the  work  of  such  elevation  on  or  before  the  first  day  of  May,  1898; 
Provided,  this  ordinance  shall  have  been  accepted  by  the  said  railway 
companies  hereby  required  to  elevate  their  tracks,  and  after  such  work 
has  been  commenced  the  same  shall  be  prosecuted  continuously  and 
with  all  practicable  diligence,  and  shall  be  fully  and  finally  completed 
within  two  years  from  said  May  1,  1898,  unless  prevented  by  strikes 
or  riots  or  restrained  by  injunction  or  other  order  or  process  of  a 
court  of  competent  jurisdiction;  the  time  during  which  said  railway 
companies  shall  be  so  prevented,  as  aforesaid,  shall  be  added  to  the 
time  hereby  limited  for  the  completion  of  said  work;  Provided,  said 
railway  companies  give  notice  to  the  corporation  counsel  of  the  city 
of  Chicago  of  the  institution  of  said  legal  proceedings.  The  city  of 
Chicago  shall  thereupon  have  the  right  to  intervene  in  any  suit  or  pro- 
ceeding brought  by  any  person  or  persons  seeking  to  enjoin  or  re- 
strain, or  in  any  manner  interfere  with  the  prosecution  of  said  work, 
and  move  for  a dissolution  of  such  injunction  and  restraining  order, 
and  for  any  other  proper  order  in  such  suit 

And  it  is  further  distinctly  understood  and  agreed  that  if  said  rail- 
way companies,  or  either  of  them,  shall  be  delayed  in  the  prosecution 
of  the  said  work  required  to  be  done  under  the  provisions  of  this  ordi- 
nance, by  reason  of  the  obstruction  of  pipes,  conduits,  wires  or  other 
property  of  private  corporations  or  individuals,  as  mentioned  in  sec- 
tion 5 of  this  ordinance,  or  by  reason  of  any  delay  on  the  part  of  the 
city  of  Chicago  or  any  of  its  officers  in  performing  the  duties  imposed 
upon  the  city  and  its  officers  by  this  ordinance  in  respect  to  the  work 
herein  required  to  be  done  by  said  railway  companies  respectively, 
then  and  in  that  case  the  time  which  said  railway  companies  or  either 
of  them  shall  be  so  delayed  shall  be  added  to  the  two  years  from  May 
I,  1898,  during  which  said  companies  are  required  by  the  terms  of  this 
ordinance  to  complete  said  work. 

If  32.  Failure  or  negligence  to  prosecute  work  notice.] 

§ 14.  Each  of  the  companies  required  by  this  ordinance  to  elevate 
its  tracks  shall  do  its  portion  of  the  work  in  accordance  with  the  terms 
hereof,  in  apt  and  proper  time,  so  as  not  to  interfere  with  the  proper 
and  orderly  prosecution  of  such  work  as  a whole.  Should  either  of  the 
companies  mentioned  in  section  1 of  this  ordinance  fail  or  neglect  so 
to  prosecute  its  work,  the  commissioner  of  public  works  of  the  city  of 
Chicago  shall  have,  and  is  hereby  given,  the  right,  power  and  author- 
ity to  give  ten  days’  notice  in  writing  to  said  delinquent  company  to 
prosecute  its  work.  If  such  company  shall  fail  or  neglect  to  comply 
with  said  notice,  the  commissioner  of  public  works  may  take  charge 
of  and  cause  such  work  to  be  done,  and  the  expense  thereof  shall  there- 
upon be  paid  by  such  delinquent  company.  Any  time  during  which 
either  of  said  companies  may  be  prevented  by  delay  of  the  other  of 
said  companies  shall  be  added  to  the  total  time  allowed  to  the  com- 
pany so  delayed  for  the  completion  of  its  own  work 

T 33.  Dedication  of  streets.]  § 15.  The  Chicago,  Milwaukee 


§ 91 9] 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2027 


and  St.  Paul  Railway  Company  shall,  within  six  months  after  the 
passage  of  this  ordinance,  procure  and  dedicate  for  purposes  of  public 
streets,  strips  or  pieces  of  ground  located  along  and  parallel  with  the 
right  of  way  line  of  said  railway  company,  described  as  follows, 
namely: 

A triangular  piece  of  ground  off  of  the  southwest  corner  of  lot 
seventy-one  (71),  in  McElroy’s  subdivision  of  the  west  half  (W.  l/2)  of 
the  southwest  quarter  (S.  W.  %)  of  section  one  (1),  township  thirty- 
nine  (39)  N.,  R.  13,  east  of  the  third  principal  meridian;  said  piece  to  be 
of  sufficient  width  so  as  to  provide  for  a thirty-three  (33)  foot  street 
immediately  northeast  of  the  right  of  way  line  of  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company  and  extending  from  the  cen- 
ter line  of  Albany  avenue  in  a southeasterly  direction  to  the  north 
line  of  West  Chicago  avenue. 

A triangular  piece  of  ground  off  of  the  southwest  portion  of  lots 
forty-eight  (48)  and  forty-nine  (49),  in  S.  E.  Gross’  fourth  (4th)  addi- 
tion to  Chicago,  in  lot  seven  (7),  in  Superior  Court  partition  of  the  east 
half  (E.  y2)  of  the  southeast  quarter  (S.  E.  y)  of  section  two  (2),  town- 
ship thirty-nine  (39)  north,  range  13,  east  of  the  third  principal  meri- 
dian; said  piece  to  be  of  sufficient  width  so  as  to  provide  for  a forty  (40) 
foot  street,  adjoining  and  immediately  northeast  of  the  east  right  of 
way  line  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company, 
said  piece  of  land  bounded  as  follows:  Beginning  at  the  southwest 

corner  of  lot  forty-nine  (49),  thence  northerly  thirty  (30)  feet  along  the 
east  line  of  Homan  avenue  to  a point;  thence  southeasterly  to  the 
southeast  corner  of  lot  forty-eight  (48);  thence  northwesterly  along  the 
north  line  of  Grand  avenue  to  the  place  of  beginning 

A strip  of  ground  sixty-six  (66)  feet  wide  adjoining  and  immedi- 
ately southwest  of  the  west  right  of  way  line  of  the  Chicago,  Milwau- 
kee and  St.  Paul  Railway  Company,  and  extending  from  the  center  of 
Homan  avenue  northwesterly  to  the  south  line  of  Grand  avenue,  all 
in  lot  one  (1),  of  the  east  half  (E.  y2)  of  section  two  (2),  township  thirty- 
nine  (39)  north,  range  thirteen  (13),  east  of  the  third  principal  meri- 
dian. 

A triangular  piece  of  land  of  the  southwest  corner  of  block  nine 
(9),  embracing  so  much  and  such  parts  of  lots  twenty-five  (25),  twenty- 
six  (26),  twenty-seven  (27),  twenty-eight  (28),  twenty-nine  (29)  and 
thirty  (30),  as  shall  be  necessary  to  provide  for  a sixty-six  (66)  foot 
street  parallel  to  the  east  right  of  way  line  of  said  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  and  extending  from  the  east  line  of 
Tinkham  street  southeasterlv  to  the  north  line  of  Hirsch  street,  all  in 
Beebe’s  subdivision  of  the  east  half  (E.  y)  of  the  northwest  quarter 
(N.  W.  y)  of  section  two  (2),-  township  thirtv-nine  (39)  north,  range 
thirteen  (13),  east  of  the  third  principal  meridian,  except  five  acres  in 
the  northeast  corner  thereof 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
eleven  (11),  embracing  so  much  and  such  parts  of  lots  one  (1),  two  (2), 


2028 


RAILROADS TRACK  ELEVATION. 


[§  9r9 


three  (3),  four  (4)  and  five  (5),  as  shall  be  necessary  to  provide  for  a 
sixty-six  (66)  foot  street  parallel  to  the  west  line  of  the  right  of  way 
of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and  ex- 
tending from  the  south  line  of  Hirsch  street  southeasterly  to  the  west 
4ine  of  Tinkham  street,  all  in  Beebe’s  subdivision  of  the  east  half 
(E.  y2)  of  the  northwest  quarter  (N.  W.  Y)  of  section  two  (2),  town- 
ship thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third  prin- 
cipal meridian,  except  five  acres  in  the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  southwest  corner  of  Block 
three  (3)  and  embracing  so  much  and  such  parts  of  lots  thirteen  (13), 
fourteen  (14),  fifteen  (15),  sixteen  (16),  seventeen  (17),  eighteen  (18) 
and  nineteen  (19),  as  shall  be  necessary  to  provide  for  a sixty-six  (66) 
foot  street  parallel  to  the  east  right  of  way  line  of  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company,  and  extending  from  the  east 
fine  of  Lawndale  avenue  southeasterly  to  the  north  line  of  Le  Moyne 
street,  all  in  Beebe’s  subdivision  of  the  east  half  (E.  y2)  of  the  north- 
west quarter  (N.  W.  Y)  of  section  two  (2),  township  thirty-nine  (39) 
north,  range  thirteen  (13),  east  of  the  third  principal  meridian,  except 
five  acres  in  the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
seven  (7)  and  embracing  so  much  and  such  parts  of  lots  one  (1),  two 
(2),  three  (3),  four  (4)  and  five  (5),  as  shall  be  necessary  to  provide  tor  a 
sixty-six  (66)  foot  street  parallel  to  the  west  right  of  way  line  of  said 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and  extending 
irom  the  south  line  of  Le  Moyne  street  southeasterly  to  the  west  line 
of  Lawndale  avenue,  all  in  Beebe’s  subdivision  of  the  east  half  (E.  y2 ) 
of  the  northwest  quarter  (N.  W.  Y)  of  section  two  (2),  township  thirty- 
nine  (39)  north,  range  thirteen  (13),  except  five  acres  in  the  northeast 
corner  thereof 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  lot  ten 
<(10),  block  two  (2),  as  shall  be  necessary  to  provide  for  a sixty-six  (66) 
foot  street,  parallel  to  the  west  right  of  way  line  of  said  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company,  and  extending  from  the  south 
line  of  Armitage  avenue  southwesterly  to  the  west  line  of  Springfield 
avenue,  all  of  Robert  F.  Summers’  subdivision  of  the  west  half  (W.  y2) 
of  the  northwest  quarter  (N.  W.  Y)  of  the  southwest  quarter  (S.  W.  Y) 
of  section  thirty-five  (35),  township  forty  (40)  north,  range  thirteen 

<13)- 

A triangular  piece  of  land  off  of  the  southwest  corner  of  block  seven 
{7),  embracing  so  much  and  such  parts  of  lots  twenty-four  (24),  twenty- 
five  (25),  twenty-six  (26),  twenty-seven  (27),  twenty-eight  (28),  twenty- 
mine  (29),  thirty  (30),  thirty-one  (31),  thirty-two  (32),  thirty-three  (33J 
and  thirty-four  (34),  as  shall  be  necessary  to  provide  for  a sixty-six 
(66)  foot  street,  parallel  to  the  east  right  of  way  line  of  said  Chicago, 
Milwaukee  and  St.  Paul  Railway  Company,  and  extending  from  the 
east  line  of  Springfield  avenue  southeasterly  to  the  north  line  of  Armi- 
ttage  avenue,  all  in  Grant  & Keeney’s  addition  to  Pennock,  being  a 


§ 9i9] 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  R’Y  CO. 


2029 


subdivision  of  the  east  half  (E.  34)  of  the  west  half  (W.  34)  of  the 
northwest  quarter  (N.  W.  34)  of  section  thirty-five  (35),  township  forty 
(40)  north,  range  thirteen  (13). 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
fifty-one  (51),  embracing  so  much  and  such  parts  of  lots  one  (1),  two 
(2),  three  (3),  four  (4),  five  (5),  six  (6),  seven  (7),  eight  (8),  nine  (9) 
and  ten  (10),  as  shall  be  necessary  to  provide  for  a sixty-six  (66)  foot 
street  parallel  to  the  west  right  of  way  line  of  said  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  including  the  twenty  (20)  foot  strip 
now  dedicated  for  a public  street,  and  extending  from  the  south  line  of 
Belden  avenue  southeasterly  to  the  west  line  of  North  Fortieth  avenue, 
all  in  Keeney’s  addition  to  Pennock  of  the  east  half  (E.  34)  of  the  north- 
east quarter  (N.  E.  34)  of  section  thirty-four  (34),  township  forty  (40) 
north,  range  thirteen  (13). 

A triangular  piece  of  land  sufficient  to  provide  for  a sixty-six  (66) 
foot  street  parallel  to  the  east  right  of  way  line  of  said  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company,  and  extending  from  the  east 
line  of  North  Fortieth  avenue  southeasterly  to  the  north  line  of  Bel- 
den avenue  extended,  all  in  the  north  half  (N.  34)  of  the  west  half 
(W.  y2)  of  the  northwest  quarter  (N.  W.  34)  of  section  thirty-five  (35), 
township  forty  (40)  north,  range  thirteen  (13). 

In  case  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company 
shall  be  unable  to  purchase  said  property  or  any  part  thereof  described 
in  this  section,  at  a price  deemed  by  said  railway  company  to  be  rea- 
sonable, then  the  same  shall  be  condemned  by  the  city  of  Chicago  for 
street  parallel  to  the  west  right  of  way  line  of  said  Chicago,  Milwaukee 
proceedings,  including  court  costs  and  all  other  expense  of  litigation 
that  may  be  incurred  in  such  condemnation  proceedings,  shall  be  paid 
by  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and  said 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company  shall  have  the 
right  to  take  part  in  said  condemnation  proceedings,  in  behalf  of  the 
city,  by  counsel  specially  employed  by  it,  and  shall  have  the  right  to 
have  all  witnesses  that  it  may  name  called  to  testify  in  said  condemna- 
tion proceedings. 

If  34.  Opening  of  streets,  bridges,  structural  requirements.] 
§ 16.  In  consideration  of  the  acceptance  of  this  ordinance  by  the  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company,  it  is  hereby  agreed 
that  if  the  city  of  Chicago  shall  at  any  time  reauire  a crossing  at,  or 
open  or  extend  any  street  or  streets,  avenue,  alley  or  public  way — for 
which  no  subway  is  provided  in  the  schedule  of  subways  contained  in 
this  ordinance — across  the  right  of  way  and  lands  of  said  company, 
such  crossing  shall  be  made  by  subway  only,  and  no  claim  for  com- 
pensation on  account  of  land  taken  for  right  of  way  of  such  street  or 
streets,  avenue  or  alley  or  public  way,  will  be  made  by  said  railway 
company,  and  such  waiver  of  compensation  shall  attach  to  and  run 
with  such  land  in  the  hands  of  any  grantee  or  grantees  of  such  rail- 
way company,  but  the  sole  cost*  and  expense  of  the  construction  of 


2030 


RAILROADS — TRACK  ELEVATION. 


L§  9l9 


such  subway  or  subways,  and  of  such  bridge  or  bridges  as  may  be 
necessary  to  carry  all  the  tracks  of  said  company’s  lands  and  right  of 
way,  and  over  such  highways,  shall  be  borne  and  paid  by  the  city  of 
Chicago  without  expense  to  said  railway  company  mentioned  in  this 
ordinance,  and  in  no  case  shall  any  such  bridge  or  bridges  or  such 
subway  or  subways,  so  to  be  built,  be  inferior  in  any  respect  to  the 
bridges  and  subways  to  be  built  by  the  railway  company  across  the 
streets  provided  for  in  this  ordinance.  Such  bridges  shall  conform  to 
the  general  plan  of  the  bridges  provided  for  in  this  ordinance,  except 
as  to  such  changes  in  the  details  thereof  as  may  be  agreed  upon  by  the 
city  engineer  of  the  city  of  Chicago  and  the  chief  engineer  of  said  rail- 
way company;  but  in  all  other  respects  such  crossing  shall  be  con- 
structed in  accordance  with  the  provisions  thereof  in  respect  to  the 
streets  named  in  this  ordinance.  The  work  of  such  construction  shall 
be  done  by  the  railway  company,  and  the  amount  to  be  paid  by  the 
city  for  such  work  and  construction  shall  not  exceed  the  actual  and 
reasonable  cost  thererof.  Said  bridges,  respectively,  shall  support  all 
the  tracks  of  said  company  then  existing  and  in  use  across  the  lines 
of  the  proposed  street  or  streets  at  the  time  of  the  construction  of  such 
subway:  across  such  right  of  way  of  said  company;  but  said  railway 
company  shall  not  be  required  to  do  any  work  toward  the  construc- 
tion of  any  such  subway  or  subways  until  the  cost  thereof,  as  may  be 
estimated  by  the  city  engineer  and  chief  engineer  of  said  railway  com- 
pany, shall  have  been  first  paid  over  to  said  railway  company,  or  de- 
posited in  some  responsible  bank  for  its  benefit  and  to  be  paid  over  to 
jt  at  once  upon  the  completion  of  said  work. 

1 35.  When  in  force,  agreements.]  § 17.  This  ordinance 
shall  take  effect  from  and  after  its  passage,  approval  and  publication; 
Provided,  however,  this  ordinance  shall  be  null  and  void  unless  said 
Chicago  and  Northwestern  Railway  Company,  and  the  Chicago.  Mil- 
waukee and  St.  Paul  Railway  Company  shall,  through  their  authorized 
officers,  file  with  the  mayor  of  the  city  of  Chicago,  within  thirty  days 
from  the  passage  and  approval  by  the  mayor  of  this  ordinance,  agree- 
ment or  agreements,  duly  executed,  whereby  said  railway  companies 
shall  undertake  to  do  and  perform  all  the  matters  and  things  required 
of  them,  respectively,  by  this  ordinance.  After  the  filing  of  said  agree- 
ment or  agreements  by  said  companies,  and  not  before,  this  ordinance 
shall  not  be  materially  modified  or  amended  without  the  consent  of 
either  company  affected  by  any  proposed  modification,  unless  said 
company  or  companies  shall  be  in  default  in  the  performance  of  the 
several  matters  and  things  required  by  this  ordinance  and  undertaken 
to  be  done  by  such  agreement 


92°] 


C.,  M.  & ST.  P.  R’y  CO.  ANP  C.  & N.  W.  r’y  CO. 


2031 


§ 920.  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  and 
the  Chicago  and  Northwestern  Railway  Company. 

H 1.  Amendment. 

If  2.  Grand  Avenue— Conditions, 
f 3.  Details. 

if  4.  Consideration— Dedication. 
i 5.  How  property  to  be  acquired, 
if  6.  Prior  ordinance — Acceptance, 
if  7.  When  in  force. 

An  ordinance  amending  an  ordinance  passed  Feb.  21,  1898,  entitled  “An  ordi- 
nance requiring  the  Chicago,  Milwaukee  & St.  Paul  Railway  Company, 
and  the  Chicago  & Northwestern  Railway  Company  to  elevate  the  plane 
of  certain  of  their  tracks  within  the  city  of  Chicago.”  (Passed  May  23, 
1898). 

% 36.  Amendment.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  an  ordinance  passed  by  the  city  council  of 
the  city  of  Chicago,  February  21,  1898,  and  published  on  pages  1722 
to  1742  of  the  council  proceedings  entitled,  “An  ordinance  requiring 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  and  the  Chi- 
cago and  Northwestern  Railway  Company  to  elevate  the  plane  of  cer- 
tain of  their  tracks  within  the  city  of  Chicago,”  be  and  the  same  is 
hereby  amended,  so  that  the  subway  in  Grand  avenue  and  Central 
Park  avenue,  under  the  Chicago,  Milwaukee  and  St.  Paul  Railway,  as 
printed  in  the  left  and  right  hand  columns  of  page  1727,  shall  be 
changed  and  constructed  to  conform  to  the  following  schedule  of  sub- 
way: 

Subway  in  Grand  avenue,  under  the  Chicago,  Milwaukee  and  St.  Paul 
Railway.  (Grand  avenue  subway,  84  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  19.4  feet  above  city  datum.  This  level  shall  extend  not  less  than 
10  feet  beyond  the  east  and  west  portals  of  subway;  from  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street;  including  the 
north  and  south  approaches  of  North  Homan  avenue,  as  they  shall  be 
changed  to  conform  to  the  new  lines  of  street  as  hereinafter  specified 
in  section  2,  of  this  ordinance 

Width  between  walls,  84  feet  in  subway. 

Width  of  roadway,  60  feet  in  subway. 

Width  of  sidewalks,  12  feet  in  subway 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist,  and  in  Homan  avenue  they  shall  be  made  to 
conform  to  the  new  lines  of  street,  as  diverted. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet.  , 


2032 


RAILROADS TRACK  ELEVATION. 


[§  920 


The  abutment  walls  of  the  subway  shall  be  constructed  as  follows: 

The  south  abutment  wall  of  subway  shall  commence  at  a point  on 
the  south  line  of  Grand  avenue,  and  71  feet  southeasterly  of  its  inter- 
section with  the  center  line  of  Homan  avenue;  thence  to  proceed  in  a 
southwesterly  direction,  at  an  angle  of  about  fifty  (50)  degrees,  to  the 
south  from  said  south  line  of  Grand  avenue  to  a point  about  seven 
feet  northeasterly  of  the  intersection  of  said  railway  company’s  right 
of  way  line;  and  the  north  abutment  shall  be  constructed  parallel  to 
said  south  abutment  so  as  to  leave  a clear  opening  of  84  feet  between 
the  walls  of  said  subway. 

If  2.  Grand  avenue — conditions.]  § 2.  The  rights  and  privi- 
leges hereby  granted  to  the  Chicago,  Milwaukee  and  St.  Paul  Rail- 
way Company  are  upon  the  condition  that  said  railway  company,  be- 
fore said  Grand  avenue  shall  be  diverted,  shall  procure  and  dedicate, 
for  the  purposes  of  a public  street,  strips  or  pieces  of  ground  as  de- 
scribed in  paragraphs  3 and  4 of  section  15  of  the  ordinance  of  Feb- 
ruary 21  st,  1898,  as  hereinbefore  mentioned. 

1 3.  Details.]  § 3. 

Subway  in  Potomac  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Potomac  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  20.8  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  ieet  in  100 
feet  to  a connection  with  the  present  surface  of  streets,  including  the 
south  approach  into  Central  Park  avenue,  and  also  the  north  ap- 
proach into  Central  Park  avenue,  as  it  shall  be  changed  so  as  to  con- 
form to  the  lines  of  the  street  as  hereinafter  specified  in  section  4 of 
this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines,  shall 
be  the  same  as  they  now  exist  in  Potomac  avenue  and  the  south  ap- 
proach into  North  Central  Park  avenue,  and  in  the  north  approach 
they  shall  be  made  to  conform  to  the  new  lines  of  the  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway,  and 
about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

If  4.  Consideration — dedication.]  § 4.  In  consideration  of  the 
rights  and  privileges  hereby  granted  to  the  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company  are  upon  the  conditions  that  said  railway 
company  shall,  within  four  months  after  the  passage  of  this  ordinance, 


§ 920]  C.,  M.  & ST.  P.  R’Y  CO.  AND  C.  & N.  W.  r’y  CO. 


203a 


procure  and  dedicate  for  the  purposes  of  a public  street  the  following 
described  property,  namely: 

A strip  of  ground  66  feet  in  width  in  the  southwest  quarter  (S.  W. 
}4)  of  the  northeast  quarter  (N.  E.  >4)  of  section  two  (2),  township 
thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the  third  principal 
meridian,  lying  southwesterly  and  adjoining  a straight  line  drawn  from 
a point  in  the  north  line  of  Potomac  avenue  to  a point  of  intersection 
with  the  east  line  of  Central  Park  avenue,  66  feet  northeasterly  of  and 
at  right  angles  parallel  with  the  northeasterly  line  of  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company’s  right  of  way. 

1 5.  How  property  to  be  acquired.]  In  case  said  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company  shall  be  unable  to 
purchase  said  property  or  any  part  thereof,  described  in  this  ordinance, 
at  a price  deemed  by  said  railway  company  to  be  reasonable,  then  the 
same  shall  be  condemned  by  the  city  of  Chicago  for  street  purposes, 
and  the  compensation  and  damages  awarded  in  such  proceedings,  in- 
cluding court  costs  and  all  other  expense  of  litigation  that  may  be  in- 
curred in  such  condemnation  proceedings,  shall  be  paid  by  said  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company,  and  said  Chicago, 
Milwaukee  and  St.  Paul  Railway  Company  shall  have  the  right  to  take 
part  in  said  condemnation  proceedings  in  behalf  of  the  city  by  counsel 
specially  employed  by  it,  and  shall  have  the  right  to  have  all  witnesses 
that  it  may  name' called  to  testify  in  said  condemnation  proceedings. 

1 6.  Prior  ordinance— acceptance.]  § 5.  Said  original  ordi- 
nance passed  February  21,  1898,  and  the  acceptance  thereof  hereto- 
fore filed  by  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company, 
and  the  Chicago  and  Northwestern  Railway  Company,  shall  be 
deemed,  notwithstanding  this  amendment,  to  continue  in  full  force  and 
effect  except  to  the  extent  of  substituting  the  new  measurements  and 
specifications  of  this  ordinance  required  for  the  old  corresponding 
measurements  and  specifications  contained  in  said  original  ordinance; 
and  said  original  ordinance,  and  the  acceptance  thereof,  shall  continue 
effective  in  the  same  way  as  if  said  original  ordinance  had  been  passed 
and  accepted  in  form  as  hereby  amended. 

IT  7.  When  in  force.]  § 6.  This  ordinance  shall  take  effect 
from  and  after  its  passage  and  approval ; Provided,  however,  that  this 
ordinance  shall  be  null  and  void  unless  said  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company  shall,  through  its  officers,  file  with  the 
mayor  of  the  city  of  Chicago,  within  ten  days  from  the  passage  of  this 
ordinance,  an  instrument  duly  executed,  whereby  said  railway  com- 
pany shall  consent  to  the  amendment  made  by  this  ordinance. 


2034  RAILROADS TRACK  ELEVATION.  L§921 

§ 921.  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  and 
Chicago  and  Northwestern  Railway  Company. 

IT  1.  Elevate  tracks— height. 

If  2.  Elevate  tracks— direction. 

11  3.  “Cut-off”-Branch,  elevate  tracks— height. 

If  4.  Change  tracks. 

f 5.  Elevate  *‘Y”  track. 

11  6.  Elevation— top  of  rail. 

f 7.  Embankments— material. 

If  8.  Permission  and  authority  to  elevate  tracks. 

11  9.  Tracks— subways— bridges. 

11  10.  Subways,  where  constructed. 

11  11.  Subways,  “cut-off”  branch. 

11  12.  Subways— constructed  by  whom. 

If  13.  Subways — size — dimensions. 

If  14.  Grade— approaches— subways. 

If  15.  Subways — vertical  curve. 

If  16.  Excavations— depression— subways — damages. 

If  17.  Grades— subways. 

If  18.  Drainage — subways— basins— sewers. 

t 19.  Subways — requirements. 

If  20.  Paving— -material— expense. 

If  21.  Pavement  of  subways. 

If  22.  Change  of  grade— liability. 

If  23.  Paving  of  subway— expense. 

If  24.  Damages— excavation— depression. 

If  25.  Work,  subject  to  inspection  and  approval. 

If  26.  Authority  to  obstruct. 

If  27.  Provisions  of  ordinance — trespass— fine. 

If  28.  Plans  and  specifications— approval. 

If  29.  When  to  commence — time  of  completion 

If  30.  Work  how  done. 

i 31.  Ground  dedicated  for  streets. 

If  32.  Acceptance — extension  of  street— subway— expense. 

If  33.  Take  effect  when— conditions — verification. 

An  ordinance  requiring  the  elevation  of  the  roadbed  and  tracks  of  the  Chi- 
cago, Milwaukee  & St.  Paul  Railway  Company,  and  the  Chicago  & North- 
western Railway  Company,  respectively,  and  to  elevate  the  plane  of  cer- 
tain of  their  railway  tracks  within  the  city  of  Chicago.  (Passed  Dec.  2, 
1897.-  Amended  Dec.  6,  1897.) 

I"  1.  Elevate  tracks — height.]  § 1.  Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago : That  the  Chicago,  Milwaukee  and 

St.  Paul  Railway  Company  and  the  Chicago  and  Northwestern 
Railway  Company  are  each,  respectively,  hereby  ordered  and  re- 
quired to  elevate  the  plane  of  certain  of  their  roadbed  and  tracks 
within  certain  limits  of  the  city  of  Chicago  in  manner  and  upon  the 
conditions  hereinafter  specified,  that  is  to  say: 

Paragraph  1.  Beginning  at  the  most  desirable  point  on  the  exist- 
ing tracks  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company 
southeast  of  the  viaduct  at  Central  Park  boulevard;  thence  said  ele- 
vated roadbed  and  tracks  shall  rise  on  the  most  suitable  gradient  con- 
venient and  practicable  to  said  railway  company  to  a point  about  on 
the  west  line  of  said  viaduct,  where  an  elevation  of  not  less  than  23.5 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 


§ g2i]  c.,  m.  & st.  p.  r’y  co.  and  c.  & n.-w.  r’y  CO.  2035 

and  tracks  shall  continue  to  rise  in  a northerly  and  westerly  direction 
on  an  ascending  gradient  of  about  0.6  per  centum  for  a distance  of 
about  600  feet  to  a point  about  on  the  south  line  of  West  Chicago  ave- 
nue, where  an  elevation  of  not  less  than  27.0  feet  above  city  datum 
shall  be  attained;  thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a northerly  and  westerly  direction  and  on  an  ascending  gra- 
dient of  about  0.6  per  centum  for  a distance  of  about  700  feet  to  a point 
about  on  the  east  line  of  Kedzie  avenue,  where  an  elevation  of  not  less 
than  31.4  feet  above  city  datum  shall  be  attained;  thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a northerly  and  westerly  direc- 
tion on  an  ascending  gradient  of  about  .11  per  centum  for  a distance 
of  about  1,850  feet  to  a point  about  on  the  south  line  of  Grand  avenue, 
where  an  elevation  of  not  less  than  33.4  feet  above  city  datum  shall  be 
attained;  thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
northerly  and  westerly  direction  on  an  ascending  gradient  of  about 
.03  per  centum  for  a distance  of  about  4,850  feet  to  a point  on  the  south 
line  of  Wabansia  avenue,  where  an  elevation  of  not  less  than  35.0  leet 
above  city  datum  shall  be  attained;  thence  said  elevated  roadbed  and 
tracks  shall  continue  in  a northerly  and  westerly  direction  on  a level 
gradient  for  a distance  of  about  10,560  feet  to  a point  about  on  the 
south  line  of  West  Belmont  avenue,  where  an  elevation  of  not  less  than 
35.0  feet  above  city  datum  shall  be  attained,  and  crossing  in  said  last 
mentioned  course,  at  grade,  the  proposed  elevated  roadbed  and  tracks 
of  the  Chicago  and  Council  Bluffs  division,  as  hereinafter  described  in 
section  1,  paragraph  2,  at  what  is  known  and  called  the  Pacific  Junc- 
tion; thence  said  elevated  roadbed  and  tracks  shall  continue  in  a north- 
erly and  westerly  direction  on  an  ascending  gradient  of  about  .15  per 
centum  for  a distance  of  about  3,980  feet  to  a point  about  op  the  south 
line  of  Milwaukee  avenue,  where  an  elevation  of  not  less  than  40.9  feet 
above  city  datum  shall  be  attained;  thence  said  elevated  roadbed  and 
tracks  shall  continue  in  a northwest  and  westerly  direction  on  a level 
grade  for  a distance  of  about  1,720  feet  to  a point  on  the  north  line  of 
Irving  Park  boulevard,  where  an  elevation  of  not  less  than  40.9  feet 
above  city  datum  shall  be  attained,  and  crossing  at  grade  in  said  last 
mentioned  course  the  proposed  elevated  roadbed  and  tracks  of  the 
Mayfair  “Cut  Off”  branch  line  of  the  Chicago  and  Northwestern  Rail- 
way Company  as  hereinafter  mentioned;  thence  said  elevated  roadbed 
and  tracks  shall  continue  in  a northerly  and  westerly  direction  and 
shall  descend  on  the  most  suitable  and  practicable  gradient  to  a con- 
nection with  the  present  roadbed  and  tracks  northwest  of  Irving  Park 
boulevard 

f 2.  Elevate  tracks— height — direction.]  Paragraph  2.  From 
the  most  desirable  point  east  of  North  Lawndale  avenue  on  the  exist- 
ing tracks  of  the  Chicago  and  Council  Bluffs  division  of  the  Chicago, 
Milwaukee  and  St.  Paul  Railway,  the  tracks  of  said  railway 
company  shall  rise  on  the  most  suitable  gradient  convenient  and 
practicable  to  said  railway  company  to  a point  about  on  the  east  line 


2036 


RAILROADS TRACK  ELEVATION. 


[§  921 


of  North  Lawndale  avenue,  where  an  elevation  of  not  less  than  32.5 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 
and  tracks  shall  continue  in  a westerly  direction  on  an  ascending  gra- 
dient of  about  .30  per  centum  for  a distance  of  about  830  feet  to  a 
point  about  10  feet  east  of  the  east  rail  of  the  most  easterly  track  of 
the  Chicago  division  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway 
Company,  where  an  elevation  of  not  less  than  35.0  feet  above  city  da- 
tum shall  be  attained;  thence  said  elevated  roadbed  and  tracks  of  said 
Chicago  and  Council  Bluffs  division  shall  continue  in  a westerly  direc- 
tion and  on  a level  gradient  to  a point  about  10  feet  west 
of  the  west  rail  of  the  most  westerly  track  of  the  Chicago  division  of 
said  Chicago,  Milwaukee  and  St.  Paul  Railway,  and  crossing 
at  grade  in  said  last  mentioned  course  the  proposed  elevated  roadbed 
and  tracks  of  the  Chicago  division  of  said  Chicago,  Mil- 
waukee and  St.  Paul  Railway  as  hereinbefore  described  in  section  1, 
paragraph  1 ; thence  said  elevated  roadbed  and  tracks  shall 
continue  in  a westerly  direction  on  a descending  gradient  of  about  .06 
per  centum  for  a distance  of  about  480  feet  to  a point  about  on  the 
east  line  of  North  Springfield  avenue,  where  an  elevation  of  not  less 
than  34.7  feet  above  city  datum  shall  be  attained;  thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a westerly  direction  on  a descend- 
ing gradient  of  about  .04  per  centum  for  a distance  of  about  730  feet 
to  a point  about  on  the  west  line  of  North  Fortieth  avenue,  where  an 
elevation  of  not  less  than  34.4  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  a westerly 
direction  and  shall  descend  on  the  most  suitable  gradient  convenient 
and  practicable  to  said  railway  company  to  a connection  with  their 
present  rQadbed  and  tracks  west  of  North  Fortieth  avenue. 

1 3.  “Cut  off”  branch — elevate  tracks — height.]  Paragraph  3. 
From  the  most  desirable  point  south  of  Milwaukee  avenue  on  the  ex- 
isting tracks  of  the  Mayfair  “cut  off”  branch  line  of  the  Chicago  and 
Northwestern  Railway,  the  tracks  of  said  railway  company  shall  rise  on 
the  most  suitable  gradient  convenient  and  practicable  to  said  railway 
company  to  a point  about  on  the  south  line  of  Milwaukee  avenue, 
where  an  elevation  of  not  less  than  4.9  feet  above  city  datum  shall  be 
attained;  thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
northerly  direction  on  a level  gradient  for  a distance  of  about  1,200 
feet  to  a point  about  on  the  north  line  of  Irving  Park  boulevard,  where 
an  elevation  of  not  less  than  40.9  feet  above  city  datum  shall  be  at- 
tained; and  crossing  at  grade  in  said  last  mentioned  course  the  pro- 
posed elevated  roadbed  and  tracks  of  the  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company  as  hereinbefore  described;  thence  said  ele- 
vated roadbed  and  tracks  shall  continue  in  a northerly  direction  and 
shall  descend  on  the  most  suitable  gradient  convenient  and  practicable 
to  said  railway  company  to  a connection  with  their  present  roadbed 
and  tracks  north  of  Irving  Park  boulevard. 

T 4.  Changes— tracks.]  Paragraph  4.  The  railway  companies 


§ 921]  c.,  m.  & st.  p.  r’y  co.  and  c.  & n.  w.  r’y  CO.  2037 

named  in  this  ordinance  are  hereby  authorized  to  make  such  changes 
in  the  position  and  alignment  of  their  respective  main  and  side  tracks 
and  switch  connections  as  may  be  desirable  in  order  to  carry  out  the 
provisions  of  this  ordinance. 

IT  5.  Elevate  “ Y ” track.]  Paragraph  5.  Permission  and  au- 
thority is  also  hereby  given  to  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  to  elevate  the  “Y”  track  of  its  branch  lines  at  Pa- 
cific Junction;  and  to  make  such  changes  in  their  location  as  the  said 
company  may  deem  necessary. 

6.  Elevation — top  of  rail.]  Paragraph  6.  All  elevation  of 
railroad  tracks  mentioned  in  this  ordinance  shall  refer  to  the  top  of  the 
rail.  , 

1 7.  Embankment — material.]  § 2.  The  embankment  or 
embankments  on  which  said  elevated  roadbed  shall  be  constructed, 
within  the  aforesaid  limits,  shall  be  composed  of  sand,  clay;  gravel, 
loam,  broken  stone  and  whatever  else  may  compose  the  surplus  ma- 
terial excavated  from  the  subways  and  from  the  foundation  pits  and 
trenches  along  the  line  of  said  work.  The  side  slopes  and  lateral  di- 
mensions of  said  embankments  will  be  fixed  and  determined  by  the 
natural  angle  of  repose  of  the  materials  of  which  said  embankments 
may  be  constructed,  but  whenever  it  may  become  necessary,  for  the 
purpose  of  keeping  said  embankments  entirely  within  the  lines  of 
the  right  of  way  of  said  company,  such  portion  of  said  embankments, 
at  all  such  points,  shall  be  kept  within  said  right  of  way  lines  by,  or 
they  shall  be  confined  between  retaining  walls  of  stone  or  brick  ma- 
sonry; provided,  however,  that,  whenever  said  retaining  walls  are 
of  insufficient  height  to  properly  protect  said  right  of  way,  and  to 
prevent  trespassing  thereon,  then  said  retaining  walls,  as  aforesaid, 
shall  be  surmounted  with  a suitable  fence  or  railing,  but  whenever 
said  retaining  walls  are  not  used  at  all,  the  right  of  way  of  said  com- 
pany shall  be  fenced  in,  or  otherwise  properly  enclosed,  in  compli- 
ance with  the  present  ordinances  of  the  city  of  Chicago  relating  to 
the  fencing  of  railroad  tracks. 

1 8.  Permission  and  authority  to  elevate  tracks.]  § 2a.  To 
enable  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  to 
prosecute  the  work  of  the  elevation  of  their  roadbed  and  tracks,  in 
accordance  with  the  provisions  of  this  ordinance,  permission  and 
authority  is  hereby  granted  to  said  railway  company  to  elevate  the 
roadbed  and  tracks  of  the  Chicago  & Council  Bluffs  Division  lying 
east  and  west  of  the  Chicago  Division,  at  Pacific  Junction,  tempor- 
arily, on  embankments  or  upon  an  open  trestlework  structure,  but  the 
abutments  of  subways  at  the  intersection  of  North  Lawndale,  North 
Springfield  and  North  Fortieth  avenues  shall  be  constructed  of  stone 
in  accordance  with  the  provisions  described  in  section  4a,  and  neither 
the  passage  of  this  ordinance,  the  incurring  of  any  expense,  nor  the 
doing  of  any  work  thereunder  by  said  railway  company  shall  ever  be 
construed  or  in  any  manner  whatever  to  estop  or  prevent  the  city 


2038 


RAILROADS TRACK  ELEVATION. 


L§  921 


of  Chicago  from  hereafter  passing  an  odinance  for  the  elevation  of 
the  roadbed  and  tracks  beyond  the  points  mentioned  in  this  ordi- 
nance. 

1 9.  Tracks,  subways,  bridges.]  § 3.  The  said  elevated  tracks 
shall  be  carried  across  all  intersecting  streets,  avenues  and  alleys, 
which,  by  the  terms  of  this  ordinance,  are  to  be  provided  with  sub- 
ways, in  suitable  bridges  of  one,  two,  three  or  four  spans,  whose  su- 
perstructure shall  consist  of  iron  or  steel  main  girders,  with  iron  or 
steel  main  floor,  or  ordinary  track  stringers;  but  should  the  latter 
method  be  adopted,  some  suitable  device  shall  be  provided  to  prevent 
storm  water,  dirt,  oil  and  other  substances  from  dropping  from  such 
elevated  structure  upon  the  subways  beneath.  The  said  bridges  shall 
be  supported  on  abutments  of  concrete,  stone  or  brick  masonry,  or 
on  rows  of  iron  or  steel  columns,  braced  together  laterally  and  erected 
on  and  anchored  to  masonry  foundations,  constructed  within  the  lines 
of  the  railroad  right  of  way  and  in  curb  lines  of  the  intersecting  ave- 
nues and  streets. 

If  10.  Subways,  where  constructed.]  § 4.  Paragraph  1.  Sub- 
ways shall  be  constructed  beneath  the  tracks  of  the  Chicago,  Milwau- 
kee and  St.  Paul  Railroad  Company  where  said  tracks  are  intersected 
and  crossed  by  Central  Park  boulevard,  West  Chicago  avenue,  North 
Kedzie  avenue,  North  Spaulding  avenue  (Grand  and  Homan  avenue), 
West  Division  street,  Central  Park  avenue  (Tinkham  and  Hirsch 
street),  (North  Lawndale  avenue  and  Le  Moyne  street),  West  North 
avenue,  West  Wabansia  avenue,  Cortland  street,  Armitage  avenue, 
Dickens  avenue,  Humboldt  avenue  (North  Fortieth  and  Beldon  ave- 
nue), West  Fullerton  avenue,  West  Wrightwood  avenue,  West  Di- 
versey  avenue,  West  Wellington  street,  West  Belmont  avenue,  West 
Roscoe  street,  West  Addison  avenue,  Milwaukee  avenue,  Irving  Park 
boulevard,  North  Lawndale  avenue,  North  Springfield  avenue  and 
North  Fortieth  avenue. 

If  11.  Subways — “ Cut-off”  branch.]  Paragraph  2.  Subways 
shall  be  constructed  beneath  the  tracks  of  the  Mayfair  “Cut-off” 
Branch  line  of  the  Chicago  and  Northwestern  Railway  where  said 
tracks  are  intersected  and  crossed  by  Milwaukee  avenue  and  Irving 
Park  boulevard 

T 12.  Subways,  constructed  by  whom.]  Paragraph  3.  The 
subway  at  Irving  Park  boulevard  shall  be  constructed  jointly  by  the 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company  and  the  Chicago 
and  Northwestern  Railway  Company,  and  the  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company  shall  construct  that  portion  of  said 
subway  lying  west  of  a line  midvray  between  the  nearest  rail  of  the 
present  tracks  of  said  railway  companies;  and  also  the  west  approach 
of  said  subway;  and  the  Chicago  and  Northwestern  Railway  Com- 
pany shall  construct  the  remaining  portion  and  east  approach  ot  said 
subway  lying  east  of  said  last  above  mentioned  line. 


§ 9 2 1 ] c.,  M.  & ST.  P.  r’y  CO.  AND  C.;  & N.  W.  r’y  CO.  2039 

13.  Subways,  size,  dimensions.]  § 4a.  The  several  sub- 
ways, passageways  and  street  grade  crossings,  hereinbefore  referred 
to  in  section  4 of  this  ordinance,  and  which  shall  be  constructed  with 
the  elevation  upon  which  such  tracks  are  to  be  placed,  shall,  as  to 
their  size  and  dimensions,  locations  and  other  details,  be  in  accord- 
ance with  the  following  schedule: 

Subway  in  Central  Park  Boulevard,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (Boulevard,  264  feet  wide.) 

This  subway  shall  be  constructed  of  such  dimensions  and  accord- 
ing to  such  plans  as  may  be  agreed  upon  between  the  West  Chicago 
Park  Commissioners  and  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company. 

Subway  in  West  Chicago  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway  Company.  (West  Chicago  avenue,  80  feet  wide.) 

The  depression  of  street  shall  not  exceed  8.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  13.0  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  Albany  avenue,  as  they  shall 
be  changed  so  as  to  conform  to  the  lines  of  the  street  as  hereinafter 
specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  21  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  West  Chicago  avenue,  and  in  Albany 
avenue  they  shall  be  made  to  conform  with  the  new  lines  of  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 

Two  lines  of  nosts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subways  in  Kedzie  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  17.9  feet  above  citv  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  6 feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 


2040  RAILROADS TRACK  ELEVATION.  [§  92  I 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subways  in  North  Spaulding  avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (North  Spaulding  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.4  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  18.8  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  shall  be 
the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Grand  avenue,  under  the  Chicago,  Milwaukee  and  St.  Paul 

Railway.  (Grand  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.6  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  19.4  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  'Homan  avenue  as  they  shall 
be  changed  so  as  to  conform  to  the  lines  of  street  as  hereinafter  spec- 
ified in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  42  feet  in  subway. 

Width  of  sidewalks,  12  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Grand  avenue,  and  in  Homan  avenue 
they  shall  be  made  to  conform  with  the  new  lines  of  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders,  and  one  line  of  posts  in  the  center  of  roadway. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Division  street,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Division  street,  80  feet  wide.) 


§ 92  i]  C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO.  2041 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  19.9  feet  above  city  datum.  This  level  shall  extend  to* the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  48  feet  in  subway. 

Width  of  sidewalks,  16  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Central  Park  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (Central  Park  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  20.8  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Hirsch  street,  under  the  Chicago,  Milwaukee  and  St.  Paul 

Railway.  (Hirsch  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.1  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  Tinkham  street,  as  they  shall 
be  changed  so  as  to  conform  to  the  lines  of  the  street  as  hereinafter 
specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 


2042 


RAILROADS TRACK  ELEVATION. 


[§  921 


Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Hirsch  street,  and  in  Tinkham  street 
they  shall  be  made  to  conform  to  the  new  lines  of  the  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Le  Moyne  street,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Le  Moyne  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21. 1 feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  North  Lawndale  avenue,  as 
they  shall  be  changed  so  as  to  conform  to  the  lines  of  street  as  here- 
inafter specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Le  Moyne  street,  and  in  North  Lawn- 
dale avenue  they  shall  be  made  to  conform  to  the  new  lines  of  the 
street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  West  North  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  North  avenue,  100  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  20.9  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  south  approach  of  Ridgeway  avenue. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  60  feet  in  subway. 

Width  of  sidewalks,  20  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  in 
West  Chicago  avenue  and  Ridgeway  avenue  shall  be  the  same  as  they 
now  exist. 


§ 921]  c.,  m.  & st.  p.  r’y  co.  and  c.  & n.  w.  r’y  CO.  2043 

The  depression  shall  be  uniform  with  the  roadway  and  about  one 
foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet 

Subway  in  West  Wabansia  avenue,  under  the  Chicago,  Milwaukee 
and  St.  Paul  Railway.  (West  Wabansia  avenue,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  4.2  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  tee t 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  south  approach  of  Hamlin  avenue 
Width  between  walls  of  subway,  60  feet 
Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  in 
West  Wabansia  avenue  and  Hamlin  avenue  shall  be  the  same  as  they 
now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet 

Subway  in  Cortland  street,  under  the  Chicago,  Milwaukee  and  St. 
Paul  Railway.  (Cortland  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.3  feet  below  the  pre* 
ent  surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet 
Width  of  roadway,  40  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  wav  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Armitage  avenue,  under  the  Chicago,  Milwaukee  and  St. 
Paul  Railway.  (Armitage  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 


2044 


RAILROADS — TRACK  ELEVATION. 


[§  921 


less  than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  ieet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  North  Springfield  avenue,  as 
they  shall  be  changed  so  as  to  conform  to  the  lines  of  the  street  as 
hereinafter  specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Armitage  avenue,  and  in  North 
Springfield  avenue  they  shall  be  made  to  conform  to  the  new  lines 
of  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Dickens  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Dickens  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet,  to'  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width,  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Humboldt  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Humboldt  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.3  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 


§ 92 1 J c.,  m.  & st,  p.  r’y  co.  and  c.  & n.  w.  r’y  CO.  2045 

Width  of  sidewalks,  io  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  West  Belden  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Belden  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.8  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet, 
in  100  feet,  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  north  and  south  approaches  of  North  Fortieth  avenue,  as  they 
shall  be  changed  so  as  to  conform  to  the  lines  of  the  street  as  herein- 
after specified  in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  West  Belden  avenue,  and  in  North 
Fortieth  avenue  they  shall  be  made  to  conform  with  the  new  lines  of 
the  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Fullerton  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Fullerton  avenue,  ico  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet,  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  60  feet  in  subway. 

Width  of  sidewalks,  20  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
.and  about  one  foot  above  level  of  same 


2046 


RAILROADS TRACK  ELEVATION. 


Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Wrightwood  avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Wrightwood  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  in  a grade  of  not  to  exceed  3.0  feet 
in  100  feet,  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  shall  not  be  required  to  construct  any  part 
of  this  subway  or  to  provide  any  opening  whatever  of  this  street 
across  or  through  its  proposed  elevated  embankment  or  structure  as 
required  by  the  terms  of  this  ordinance  until  such  time  as  the  land 
necessary  for  a continuous  street  66  feet  in  width  for  at  least  one- 
quarter  mile  in  length  upon  each  side  of  the  right  of  way  of  said  rail- 
way company  shall  have  been  properly  dedicated  or  condemned  for 
public  street  purposes  and  said  street  shall  have  been  graded  or  oth- 
erwise properly  prepared  for  general  use  of  the  public. 

Subway  in  West  Diversey  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Diversey  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet,  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 


§ 923]  C.,  M.  & ST.  P.  r’Y  CO.  AND  C.  & N.  W.  r’y  CO.  2047 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet 

Subway  in  West  Wellington  Street,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Wellington  Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.7  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet,  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago.  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway,  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure,  as  required 
by  the  terms  of  this  ordinance,  until  such  time  as  the  land  necessary 
for  a continuous  street  66  feet  in  width  for  at  least  one-quarter  mile 
in  length  upon  each  side  of  the  right  of  way  of  said  railway  com- 
pany, shall  have  been  properly  dedicated  or  condemned  for  public 
street  purposes  and  said  street  shall  have  been  graded  or  otherwise 
properly  prepared  for  general  use  of  the  public. 

Subway  in  West  Belmont  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Belmont  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  6.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet,  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 


2048  RAILROADS TRACK  ELEVATION.  [§  92  I 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Roscoe  street,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (West  Roscoe  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.2  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  23.6  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure  as  required  by 
the  terms  of  this  ordinance  until  such  time  as  the  land  necessary  for  a 
continuous  street,  66  feet  in  width  for  at  least  one-half  mile  in  length 
upon  each  side  of  the  right  of  way  of  said  railway  company  shall 
have  been  properly  dedicated  or  condemned  for  public  street  pur- 
poses, and  said  street  shall  have  been  graded  or  otherwise  properly 
prepared  for  general  use  of  the  public. 

Subway  in  West  Addison  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Addison  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  25.5  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet,  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
.and  about  one  foot  above  the  level  of  same. 


§ $2i ] c.,  m.  & st.  p.  r’y  co.  and  c.  & n.  w.  r’y  CO.  2049 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Milwaukee  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Milwaukee  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.6  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  east  approach  shall  extend  on  a grade  of  not  to  exceed  3.5 
feet  in  100  feet,  to  a connection  with  the  present  surface  of  street,  in- 
cluding the  north  approaches  of  Vernon  avenue  and  Depot  place;  and 
the  west  approach  shall  extend  on  a grade  of  not  to  exceed  1.5  feet 
in  100  feet,  to  a connection  with  the  new  grade  of  Milwaukee  avenue 
as  it  shall  be  changed  between  the  subways  of  the  Chicago  and  North- 
western Railway  and  the  Chicago,  Milwaukee  and  St.  Paul  Railway; 
and  the  elevation  of  this  new  grade  shall  not  be  less  than  29.0  feet 
above  city  datum. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Milwaukee  avenue  and  in  all  the 
streets  intersecting  or  meeting  said  Milwaukee  avenue. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway,  to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Irving  Park  boulevard,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway,  Chicago  and  Northwestern  Railway.(  Irving 

Park  boulevard,  100  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.8  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the 
most  easterly  and  most  westerly  right  of  way  lines  of  said  railways. 
From  this  level  the  aproaches  shall  extend  on  a grade  of  not  to  exceed 
3.5  feet  in  100  feet  to  a connection  with  the  present  surface  of  street, 
including  the  north  approach  to  Charles  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  56  feet  in  subway. 

Width  of  sidewalks,  22  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  and 
in  Charles  street  shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

129 


2050  RAILROADS TRACK  ELEVATION.  [§  92  X 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  North  Lawndale  avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (North  Lawndale  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.0  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  19.2  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  too  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  North  Springfield  avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (North  Springfield  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.0  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.2  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway,  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  North  Fortieth  avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (North  Fortieth  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5-°  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  20.4  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 


§ 921]  C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2051 


level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway* 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Milwaukee  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Milwaukee  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.0  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  west  approach  shall  extend  on  a grade  of  not  to  exceed  3.5 
feet  in  100  feet  to  a connection  with  the  present  surface  of  street;  and 
the  east  approach  shall  extend  on  a grade  of  not  to  exceed  1.5  feet 
in  100  feet  to  a connection  with  the  new  grade  of  Milwaukee  avenue 
,as  it  shall  be  changed  between  the  subways  of  the  Chicago  and  North- 
western Railway,  and  the  elevation  of  this  new  grade  shall  not  be  less 
than  29.0  feet  above  city  datum. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  shall  be 
the  same  as  they  now  exist  in  Milwaukee  avenue  and  in  all  the  streets 
intersecting  or  meeting  said  Milwaukee  avenue. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Wherever,  in  the  foregoing  subway  specifications,  the  words 
“right  of  way  of  said  railway”  are  used,  it  shall  be  understood  and 
.agreed  that  such  right  of  way  is  not  more  than  one  hundred  (100)  feet 
in  width. 

1 14.  Grade,  approaches,  subways.!  § 4b.  The  grade  of  all 
the  streets  that  intersect  the  approaches  to  subways  described  in  sec- 
tion 4 of  this  ordinance  shall  be  depressed  so  as  to  conform  to  the 
jgrade  of  the  approaches  into  such  subways. 

1 15.  Subways,  vertical  curves.]  § 4c.  In  the  several  sub- 
ways mentioned  in  this  ordinance  there  shall  be  constructed  a vertical 
curve  where  the  head  of  approaches  connects  with  the  present  grade 


2052 


RAILROADS TRACK  ELEVATION. 


[§  92  1 


of  street,  and  said  vertical  curve  shall  extend  not  less  than  20  feet 
.each  side  of  said  intersection  of  grades,  and  the  middle  ordinate  of 
the  vertical  curve  shall  be  equal  to  one-half  of  the  difference  between 
the  elevation  of  the  points  on  said  intersecting  grades. 

T 16.  Excavations,  depressions,  subways,  damages.]  § 5.  All 
such  excavations  shall  be  made  in  the  streets  as  may  be  required  for 
the  depression  of  such  subways  and  the  approaches  thereto.  But  the 
depressed  portion  of  the  streets  shall  be  restored  to  serviceable  con- 
dition for  the  use  of  the  public  as  soon  as  practicable,  and  all  water 
pipes,  conduits,  sewers  and  other  similar  substructures  belonging  to 
the  city  that  may  be  disturbed  by  such  excavations  or  required  to  be 
moved  or  deflected  from  the  position  in  which  they  are  found  shall 
be  replaced  or  suitable  expedients  and  arrangements  shall  be  devised 
and  provided  to  restore  them  as  fully  as  may  be  to  their  former  state 
of  usefulness,  but  the  gradients  of  the  sewers  shall  not  be  reduced  in 
any  event.  All  such  work  shall  be  done  by  the  respective  railroad 
companies  as  indicated  in  section  4a,  at  their  sole  expense,  and  under 
the  immediate  supervision  and  to  the  satisfaction  of  the  commissioner 
of  public  works  of  the  city  of  Chicago.  And  if  in  the  con- 
struction of  any  of  said  subways  or  approaches  it  shall  become  nec- 
essary to  disturb,  remove  or  destroy  any  pipes,  conduits,  wires  or 
other  property  belonging  to  any  private  corporation  or  individual, 
all  of  the  cost  and  expense  thereof  and  all  damage  thereto  shall  be 
borne  and  assumed  by  the  city  of  Chicago,  and  the  said  city  will,  by 
condemnation,  purchase  or  otherwise  secure  to  said  railway  com- 
pany the  free  and  uninterrupted  right  to  prosecute  its  said  work,  and 
will  save  the  said  railway  company  harmless  from  any  and  all  claims, 
demands  and  suits  arising  therefrom,  and  all  damages  which  may  be 
recovered  therefor. 

Tf  17.  Grades,  subways.]  § 6.  The  grades  of  all  the  streets 
and  alleys  in  which  any  subways  are  to  be  built,  in  accordance  with 
the  provisions  of  this  ordinance  or  where  streets  shall  be  depressed 
in  accordance  with  the  provisions  of  this  ordinance  along  the  line  of 
the  several  subways,  shall  be  and  the  same  are  hereby  changed  so  as 
to  conform  to  the  grades  of  such  subways  as  they  shall  be  depressed 
. and  constructed  pursuant  to  the  provisions  of  this  ordinance. 

T 18.  Drainage,  subways,  basins,  sewers.]  § 7.  Provision 
shall  be  made  for  the  drainage  of  the  several  depressed  subways  pro- 
vided for  in  this  ordinance  by  the  construction  of  receiving  basins 
properly  located  in  or  immediately  adjacent  to  said  subways,  which 
said  receiving  basins  shall  be  connected  with,  and  discharge  their  con- 
sents into  the  adjacent  city  sewers;  provided  there  shall  be  a city 
sewer  adjacent  to  said  subway  and  within  two  hundred  (200)  feet 
i therefrom.  In  case  the  lowest  point  of  the  surface  of  any  of  said 
subways  should  be  below  the  grade  of  the  adjacent  sewer,  some  other 
.adequate  means  of  drainage  satisfactory  to  the  commissioner  of 


2053: 


§ 921]  C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 

public  works  must  be  devised  and  provided  by  said  railroad  com- 
panies at  their  expense. 

1 19.  Subways,  requirements.]  § 8.  Paragraph  i.  The  sub- 
ways and  approaches  thereto,  so  to  be  constructed  by  said  companies 
in  said  streets  and  avenues  aforesaid,  shall  all  conform  to  the  follow- 
ing structural  requirements,  viz. : The  roadway  shall  be  paved  with  a. 
single  course  of  vitrified  brick  of  standard  quality,  laid  at  right- 
angles  with  the  curb  lines  and  set  upon  a solid  foundation  of  hydraulic 
cement  concrete  of  not  less  than  six  (6)  inches  thick  or  deep  when- 
solidly  tamped  in  place  and  otherwise  finished  and  properly  crowned, 
ready  for  the  brick  wearing  surface,  between  which  and  the  concrete 
there  shall  be  interposed  a layer  of  screened  sand  not  less  than  one- 
half  inch  thick.  The  curb  shall  be  of  sound,  hard  limestone  of  stand- 
ard dimensions  and  finish,  and  the  sidewalks  in  subways  shall  be  fin- 
ished and  paved  with  Portland  cement  concrete  of  standard  quality 
and  workmanship,  and  with  the  curbing  and  roadway  paving  shall 
be  made,  finished  and  put  in  permanent  place  in  accordance  with  the 
requirements  of  the  department  of  public  works  of  the  city  of  Chi- 
cago. The  approaches  of  subways  shall  be  excavated  to  the  grade 
established  by  this  ordinance  and  shall  be  in  all  other  respects  restored, 
as  near  as  may  be  to  their  condition  before  being  so  excavated. 

1 20.  Paving,  material,  expense.]  Paragraph  2.  As  to  streets- 
in  this  section  mentioned,  which  are  already  paved  or  pro- 
vided with  sidewalks,  such  paving  and  sidewalks  shall  be  restored 
with  the  present  material  when  the  same  is  in  good  con- 
dition, by  said  railroad  company  or  companies  at  their  own  expense,, 
in  such  portions  of  said  streets  as  are  required  to  be  constructed 
by  said  company  or  companies,  except  that  said  railway 
company  or  companies  are  not  required  to  restore  any  part  of  the. 
paving  of  approaches  or  subways,  which  it  will  be  the  duty  of  any 
street  railway  company,  or  other  corporation,  itself  to  restore  under- 
existing laws  or  ordinances. 

Tf  21.  Pavement  of  subways.  ] Paragraph  3.  Said  company 
or  companies  shall  pave  the  entire  length  and  width  of  the  roadway 
in  such  portions  of  the  subways  as  are  required  to  be  constructed  by- 
said  company  or  companies,  as  is  mentioned  in  this  ordinance,  except', 
that  such  company  or  companies  shall  not  be  required  to  pave  any 
part  of  the  subways  to  be  occupied  by,  or  adjacent  to  street  railway* 
tracks,  which  by  reason  of  existing  laws  or  ordinances  it  will  be  the 
duty  of  any  street  railway  company  or  other  corporation  itself  to 
pave 

22.  Change  of  grade,  liability.]  Paragraph  4.  Any  street 
railway  company  occupying  any  of  the  streets  in  the  city  of  Chicago 
crossed  by  said  elevated  railway  of  either  of  said  companies,  shall, 
when  and  as  the  grade  of  such  street  shall  be  changed,  as  in  this  ordi- 
nance provided,  at  its  own  expense,  without  claim  for  damages,  con- 
form the  grade  of  its  track  or  tracks  to  the  said  change  of  grade  of  said 


205  1 


RAILROADS TRACK  ELEVATION. 


L§  92  1 


streets,  and  nothing  in  this  ordinance  shall  operate  or  be  held  to  relieve 
such  street  railway  companies  from  any  liability  now  existing,  however 
created,  to  pave  or  bear  the  expense  of  paving  such  streets  between 
or  on  either  side  of  the  rails  of  its  said  tracks,  in  the  manner  and  form 
.as  now  required. 

T 23.  Paving  of  subway,  expense.]  Paragraph  5.  Whenever 
the  elevated  tracks  and  roadbed,  constructed  under  and  in  accordance 
with  the  provisions  of  this  ordinance,  shall  pass  over  any  street, 
alley,  avenue  or  public  way,  at  which,  according  to  the  terms  of 
this  ordinance,  a subway  is  required  to  be  constructed  by  said 
railway  company  or  companies,  which  street,  alley,  avenue  or 
public  way  shall  not  already  be  paved  or  provided  with  side- 
walks at  the  time  of  such  construction,  and  for  which  pavement 
or  sidewalks  no  ordinance  shall  have  been  passed  by  the  city  council 
of  the  city  of  Chicago,  then  and  in  that  case  the  paving  of  such  sub- 
way shall  be  delayed  until  the  improvement  of  the  portions  ot  the 
street  contiguous  shall  be  ordered  by  the  city  council  and  the  con- 
tract therefor  shall  be  let.  Thereupon,  or  notice  from  the  commis- 
sioner of  public  works,  said  company  or  companies  shall  proceed  at 
once  with  the  work  of  paving  or  with  the  construction  of  sidewalks, 
in  accordance  with  the  provisions  of  section  8,  and  paragraphs  1 to  4, 
inclusive,  of  this  ordinance.  Should  any  company,  after  such  notice, 
fail  or  neglect  so  to  proceed  with  its  work,  the  commissioner  of  pub- 
lic works  of  the  city  of  Chicago  shall  have  and  is  hereby  given  the 
right,  power  and  authority  to  take  charge  of  and  cause  such  work  to 
be  done,  and  the  expense  thereof  shall  thereupon  be  paid  by  such  de- 
linquent company. 

T 24.  Damages,  excavation,  depression.]  Paragraph  6.  Noth- 
ing in  this  ordinance  contained  shall  be  so  construed  as  to  require  the 
said  railway  companies,  or  either  of  them,  to  assume,  or  pay,  any  in- 
cidental or  consequential  damages  to  adjacent  property  or  business 
caused  by  the  passage  and  enforcement  of  this  ordinance,  or  by  the 
excavation,  depression  or  change  of  grade  made  in  any  of  the  public 
avenues,  streets  or  alleys,  or  to  defend  any  suit  or  suits  which  may 
foe  brought  against  any  party  or  parties  for  the  recovery  of  any  such 
damages,  but  it  is  understood,  and  the  city  of  Chicago  hereby  agrees, 
that  all  such  damages,  if  there  are  any,  shall  be  adjusted  and  paid  by 
the  city  of  Chicago,  and  said  city  will  assume  the  defense  of  any 
and  all  suits  brought  for  the  recovery  of  the  same,  intervening  therein 
if  necessary,  for  such  purpose,  and  will  wholly  relieve  said  railway 
companies  from  defending  the  same,  and  will  assume  and  pay  all 
judgments  recovered  therein.  The  above  stipulations  in  this  para- 
graph are,  however,  upon  the  condition  precedent  that,  in  case  any 
suit  be  brought  against  any  of  the  said  companies,  said  company  will, 
/before  the  last  day  to  plead  therein,  give  notice  in  writing  of  such 
/suit  and  of  such  service  to  the  mayor  and  the  corporation  counsel 


:§  921]  c.,  m.  & st.  p.  r’y  co.  and  c.  & n.  w.  r’y  CO.  2055 

of  said  city  for  the  purpose  of  enabling-  such  defense  to  be  made 
by  the  city. 

1 25.  Work,  subject  to  inspection  and  approval  by  commis- 
sioner of  Public  Works.  ] § 9.  All  the  work  hereinbefore  in  this 

ordinance  required  to  be  done  by  said  company  or  companies,  upon 
or  in  connection  with  the  public  avenues  and  streets  of  the  city  shall 
be  done  and  performed  under  the  superintendence  and  subject  to  the 
inspection  and  approval  of  the  commissioner  of  public  works  of  said 
city.  At  least  ten  (10)  days  prior  to  the  commencement  of  any  part 
of  such  work  the  plans  and  specifications  therefor  shall  be  submitted 
to  said  commissioner  of  public  works  for  his  examination,  and  if 
found  to  be  in  accordance  with  the  provisions  of  this  ordinance  in  so 
far  as  this  ordinance  contain  specific  provisions,  and  in  the  absence 
of  such  specific  provisions,  if  they  shall  be  satisfactory  to  the  com- 
missioner of  public  works  in  regard  to  matters  and  details,  which  by 
this  ordinance  are  left  to  his  discretion  and  judgment,  such  plans  shall 
be  approved  by  him,  and  after  such  approval  all  of  the  work  outlined 
and  included  therein  shall  be  constructed  in  strict  conformity  there- 
with. 

U 26.  Authority  to  obstruct.]  § 10.  Permission  and  author- 
ity are  hereby  given  to  said  companies,  whenever  the  same  shall  be 
necessary  in  the  prosecution  of  the  work  which  they  are  herein  author- 
ized or  required  to  perform,  to  obstruct,  temporarily,  any  public  street, 
avenue  or  alley  to  such  an  extent  and  for  such  length  of  time  as  may  be 
approved  by  the  commissioner  of  public  works,  and  they  are  also  here- 
by authorized,  whenever  the  same  shall  become  necessary,  to  erect  and 
maintain  temporary  structures  and  false  work  in  any  of  said  streets 
and  avenues  during  the  construction  of  their  said  elevated  railway 
tracks,  subject  to  the  like  approval  of  said  commissioner  of  public 
works 

If  27.  Provisions  of  ordinance,  trespass,  fine.]  § 11.  When 
the  said  railroads,  in  section  1 of  this  ordinance  mentioned,  shall 
have  elevated  their  respective  tracks  in  accordance  with  this  ordi- 
nance, so  that  the  same  shall  be  ready  for  use,  then  and  thereupon 
all  provisions  of  the  ordinances  of  the  city  of  Chicago  relating  to  the 
speed  of  railway  trains,  the  length  of  trains,  the  number  of  cars  to 
constitute  a train,  and  the  maintenance  of  gates,  flagmen,  watchmen, 
signals  and  signal  towers,  shall  cease  to  be  applicable  to  said  railroad; 
provided,  however,  that  this  ordinance  is  not  to  be  construed  as  a 
waiver  or  surrender  by  the  city  of  Chicago  of  any  of  its  police  pow- 
ers or  of  the  right  at  any  time  hereafter  to  pass  necessary  and  reason- 
able police  ordinances  in  relation  to  the  matters  last  above  enumer- 
ated. After  such  elevation  it  shall  be  unlawful  for  any  person  or  per- 
sons, save  employes  of  said  companies,  or  either  of  them,  in  the  dis- 
charge of  their  duties,  to  enter  or  be  upon  or  to  walk  along  or  cross 
the  said  elevated  structure  or  roadway  at  any  place.  If  any  person 
shall  wilfully  trespass  upon  said  elevated  roadway,  such  person  and  all 


2056 


RAILROADS TRACK  ELEVATION. 


[§  921 


others  aiding,  abetting  or  assisting  therein  shall  be  liable  to  a fine  of 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars  for  each 
and  every  offense. 

IF  28.  Plans  and  specifications,  approval.]  § 12.  Said  railway 
company  or  companies  mentioned  in  this  ordinance  shall  at  least  ten 
(10)  days  prior  to  the  commencement  of  any  part  or  parts  ot  said 
work  submit  to  the  commissioner  of  public  works,  for  his  approval- 
complete  plans  and  specifications  of  said  part  or  parts  of  said  pro- 
posed work,  for  the  purpose  of  ascertaining  whether  the  same  are 
in  strict  compliance  with  the  provisions  of  this  ordinance;  and  alter 
approval  of  all  such  plans  and  specifications  by  the  commissioner  of 
public  works,  all  of  said  work  shall  be  constructed  in  strict  accord- 
ance therewith,  and  to  the  entire  satisfaction  of  said  commissioner 
of  public  works,  and  not  otherwise,  except  as  herein  otherwise 
provided. 

T 29.  When  to  commence,  time  of  completion.]  § 13.  The 

railway  companies  mentioned  in  section  1 of  this  ordinance,  and 
which  are  required  to  elevate  their  tracks,  shall  commence  the  work 
of  such  elevation  on  or  before  the  first  day  of  May,  1898;  provided, 
this  ordinance  shall  have  been  accepted  by  the  said  railway  companies 
hereby  required  to  elevate  their  tracks,  and  after  such  work  has  been 
commenced  the  same  shall  be  prosecuted  continuously  and  with  all 
practicable  diligence,  and  shall  be  fully  and  finally  completed  within 
two  years  from  said  May  1,  1808,  unless  prevented  by  strikes  or  riots 
or  restrained  by  injunction  or  other  order  or  process  of  a court  of 
competent  jurisdiction;  the  time  during  which  said  railway  companies 
shall  be  so  prevented,  as  aforesaid,  shall  be  added  to  the  time  hereby 
limited  for  the  completion  of  said  work;  provided,  said  railway  com- 
panies give  notice  to  the  corporation  counsel  of  the  city  of  Chicago 
of  the  institution  of  said  legal  proceedings.  The  city  of  Chi- 
cago shall  thereupon  have  the  right  to  intervene  in  any  suit  or  pro- 
ceeding brought  by  any  person  or  persons  seeking  to  enjoin  or  re- 
strain, or  in  any  manner  interfere  with  the  prosecution  of  said  work, 
and  move  for  a dissolution  of  such  injunction  and  restraining  order, 
and  for  any  other  proper  order  in  such  suit. 

And  it  is  further  distinctly  understood  and  agreed  that  if  said  rail- 
way companies  or  either  of  them  shall  be  delayed  in  the  prosecution 
of  the  said  work  required  to  be  done  under  the  provisions  of  this 
ordinance,  by  reason  of  the  obstruction  of  pipes,  conduits,  wires  or 
other  property  of  private  corporations  or  individuals,  as  mentioned 
in  section  5 of  this  ordinance,  or  by  reason  of  any  delay  on  the  part 
of  the  city  of  Chicago  or  any  of  its  officers  in  nerfm-rning  the  duties 
imposed  upon  the  city  and  its  officers  by  this  ordinance  in  respect 
to  the  work  herein  required  to  be  done  by  said  railway  companies 
respectively,  then  and  in  that  case  the  time  which  said  railway  com- 
panies or  either  of  them  shall  be  so  delayed,  shall  be  added  to  the 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2057 


§ 921] 


two  years  from  May  1st,  1898,  during  which  said  companies  are  re- 
quired by  the  terms  of  this  ordinance  to  complete  said  work. 

1 30.  Work,  how  done.]  § 14.  Each  of  the  companies  re- 
quired by  this  ordinance  to  elevate  its  tracks  shall  do  its  portion  of 
the  work  in  accordance  with  the  terms  hereof,  in  apt  and  proper  time, 
so  as  not  to  interfere  with  the  proper  and  orderly  prosecution  of 
such  work  as  a whole.  Should  either  of  the  companies  mentioned 
in  section  1 of  this  ordinance  fail  or  neglect  so  to  prosecute  its 
work  the  commissioner  of  public  works  of  the  city  of  Chicago  shall 
have  and  is  hereby  given  the  right,  power  and  authority  to  give  ten 
days’  notice  in  writing  to  said  delinquent  company  to  prosecute  its 
work.  If  such  company  shall  fail  or  neglect  to  comply  with  said 
notice,  the  commissioner  of  public  works  may  take  charge  of  and 
cause  such  work  to  be  done  and  the  expense  thereof  shall  thereupon 
be  paid  by  such  delinquent  company. 

T 31.  Ground  dedicated  for  streets.]  § 15.  The  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company  shall,  within  six  months  after 
the  passage  of  this  ordinance,  procure  and  dedicate  for  purposes  of 
public  streets,  strips  or  pieces  of  ground  located  along  and  parallel 
with  the  right  of  way  line  of  said  railway  company,  described  as  fol- 
lows, namely: 

A triangular  piece  of  ground  off  of  the  southwest  corner  of  lot 
seventy-one  (71)  in  McElroy’s  subdivision  of  the  west  half  (W.  14)  of 
the  southwest  quarter  (S.  W.  of  section  one  (1),  township  thirty- 
nine  (39)  N.,  R.  13,  east  of  the  third  principal  meridian;  said  piece 
to  be  of  sufficient  width  so  as  to  provide  for  a thirty-three  (33)  foot 
street  immediately  northeast  of  the  right  of  way  line  of  the  Chicago, 
Milwaukee  and  St.  Paul  Railway  Company  and  extending  from  the 
center  line  of  Albany  avenue  in  a southeasterly  direction  to  the  north 
line  of  West  Chicago  avenue 

A triangular  piece  of  ground  off  of  ffie  southwest  portion  of  lots 
forty-eight  (48)  and  forty-nine  (49)  in  S.  E.  Gross’  fourth  (4th)  addi- 
tion to  Chicago,  in  lot  seven  (7)  in  Superior  Court  Partition  of  the 
east  half  (E.  y2)  of  the  southeast  quarter  (S.  E.  %)  of  section  two 
(2),  township  thirty-nine  (39)  north,  range  13,  east  of  the  third 
principal  meridian;  said  piece  to  be  of  sufficient  width  so  as  to  pro- 
vide for  a forty  (40)  foot  street,  adjoining  and  immediately  northeast 
of  the  east  right  of  wav  line  of  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company,  said  piece  of  land  bounded  as  follows:  Beginning 
at  the  southwest  corner  of  lot  forty-nine  (49),  thence  northerly  thirty 
(30)  feet  along  the  east  line  of  Homan  avenue  to  a point;  thence  south- 
easterly to  the  southeast  corner  of  lot  forty-eight  (48);  thence  north- 
westerly along  the  north  line  of  Grand  avenue  to  the  place  of  begin- 
ning 

A strip  of  ground  sixty-six  (66)  feet  wide  adjoining  and  immediate- 
ly southwest  of  the  west  right  of  way  line  of  the  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  and  extending  from  the  center  of 

130 


2058 


RAILROADS TRACK  ELEVATION. 


Homan  avenue  northwesterly  to  the  south  line  of  Grand  avenue,  all 
in  lot  one  (i)  of  the  east  half  (E.  y2)  of  section  two  (2),  township 
thirty-nine  (39)  north,  range  thirteen  (13)  east  of  the  third  principal 
meridian. 

A triangular  piece  of  land  off  of  the  southwest  corner  of  block 
nine  (9),  embracing  so  much  and  such  parts  of  lots  twenty-five  (25), 
twenty-six  (26),  twenty-seven  (27),  twenty-eight  (28),  twenty-nine  (29) 
and  thirty  {30)  as  shall  be  necessary  to  provide  for  a sixty-six  foot 
street  parallel  to  the  east  right  of  way  line  of  said  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  and  extending  from  the  east  line  of 
Tinkham  street  southeasterly  to  the  north  line  of  Hirsch  street,  all 
in  Beebe’s  subdivision  of  the  east  half  (E.  J4)  of  the  northwest  quar- 
ter (N.  W.  y)  of  section  two  (2),  township  thirty-nine  (39)  north,  range 
thirteen  (13),  east  of  the  third  principal  meridian,  except  five  acres  in 
the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
eleven  (11),  embracing  so  much  and  such  parts  of  lots  one 

(1) ,  two  (2),  three  (3),  four  (4)  and  five  (5)  as  shall  be  necessary  to 
provide  for  a sixty-six  (66)  foot  street  parallel  to  the  west  line  of  the 
right  of  way  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Com- 
pany, and  extending  from  the  south  line  of  Hirsch  street  southeasterly 
to  the  west  line  of  Tinkham  street,  all  in  Beebe's  subdivision  of  the 
east  half  (E.  y2)  of  the  northwest  quarter  (N.  W.  y)  of  section  two 

(2) ,  township  thirty-nine  (39)  north,  range  thirteen  (13),  east  of  the 
third  principal  meridian,  except  five  acres  in  the  northeast  corner 
thereof. 

A triangular  piece  of  ground  off  of  the  southwest  corner  of  block 
three  (3),  and  embracing  so  much  and  such  parts  of  lots  thirteen  (13),. 
fourteen  (14),  fifteen  (15),  sixteen  (16),  seventeen  (17),  eighteen  (18) 
and  nineteen  (19)  as  shall  be  necessary  to  provide  for  a sixty-six  (66) 
foot  street  parallel  to  the  east  right  of  way  line  of  the  Chicago,  Milwau- 
kee and  St.  Paul  Railway  Company,  and  extending  from  the  east  line 
of  Lawndale  avenue  southeasterly  to  the  north  line  of  Le  Moyne  street, 
all  in  Beebe’s  subdivision  of  the  east  half  (E.  y2)  of  the  northwest  quar- 
ter (N.  W.  y)  of  section  two  (2),  township  thirty-nine  (39)  north, 
range  thirteen  (13),  east  of  the  third  principal  meridian,  except  five 
acres  in  the  northeast  corner  thereof 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
seven  (7),  and  embracing  so  much  and  such  parts  of  lots  one  (1), 
two  (2),  three  (3),  four  (4)  and  five  (5)  as  shall  be  necessary  to  provide 
for  a sixty-six  (66)  foot  street  parallel  to  the  west  right  of  way  line 
of  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and 
extending  from  the  south  line  of  Le  Moyne  street  southeasterly  to 
the  west  line  of  Lawndale  avenue,  all  in  Beebe’s  subdivision  of  the 
east  half  (E.  y)  of  the  northwest  quarter  (N.  W.  y)  of  section  two 


§ 921] 


C.,  M.  & ST.  P.  R’y  CO.  AND  C.  & N.  W.  r’y  CO. 


205a 


(2),  township  thirty-nine  (39)  north,  range  thirteen  (13),  except  five 
acres  in  the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  lot 
ten  (10),  Block  two  (2),  as  shall  be  necessary  to  provide  for  a sixty- 
six  (66)  foot  street,  parallel  to  the  west  right  of  way  line  of  said  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company,  and  extending  from 
the  south  line  of  Armitage  avenue  southwesterly  to  the  west  line  of 
Springfield  avenue,  all  in  Robert  F.  Summer’s  subdivision  of  the  west 
half  (W.  44)  of  the  northwest  quarter  (N.  W.  44)  of  the  southwest 
quarter  (S.  W.  44)  of  section  thirty-five  (35),  township  forty  (40)  norths 
range  thirteen  (13). 

A triangular  piece  of  land  off  of  the  southwest  corner  of  Block 
seven  (7),  embracing  so  much  and  such  parts  of  lots  twenty-four 
(24),  twenty-five  (25),  twenty-six  (26),  twenty-seven  (27),  twenty-eight 
(28),  twenty-nine  (29),  thirty  (30),  thirty-one  (31),  thirty-two  (32),. 
thirty-three  (33)  and  thirty-four  (34)  as  shall  be  necessary  to  provide 
for  a sixty-six  (66)  foot  street  parallel  to  the  east  right  of  way  line  of 
said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and  ex- 
tending from  the  east  line  of  Springfield  avenue  southeasterly  to  the 
north  line  of  Armitage  avenue,  all  in  Grant  & Keeney’s  addition  to- 
Pennock,  being  a subdivision  of  the  east  half  (E.  44)  of  the  west  half 
(W.  >4)  of  the  northwest  quarter  (N.  W.  44)  of  section  thirty-five  (35)„ 
township  forty  (40)  north,  range  thirteen  (13). 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
fifty-one  (51),  embracing  so  much  and  such  parts  of  lots  one  (1),  two 
(2),  three  (3),  four  (4),  five  (5),  six  (6),  seven  (7),  eight  (8),  nine  (9) 
and  ten  (10),  as  shall  be  necessary  to  provide  for  a sixty-six  (66)  foot 
street  parallel  to  the  west  right  of  way  line  of  said  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  including  the  twenty  (20)  foot  strip 
now  dedicated  for  a public  street,  and  extending  from  the  south  line 
of  Belden  avenue  southeasterly  to  the  west  line  of  North  Fortieth  ave- 
nue, all  in  Keeney’s  addition  to  Pennock,  of  the  east  half  (E.42)  of  the 
northeast  quarter  (N.  E.  44)  of  section  thirty-four  (34),  township  forty 
(40)  north,  range  thirteen  (13). 

A triangular  piece  of  land  sufficient  to  provide  for  a sixty-six  (66)/ 
foot  street  parallel  to  the  east  right  of  way  line  of  said  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company,  and  extending  from  the  east 
line  of  North  Fortieth  avenue  southeasterly  to  the  north  line  of  Bel- 
den avenue  extended,  all  in  the  north  half  (N.  )4)  of  the  west  half 
(W.  44)  of  the  northwest  quarter  (N.  W.  4i)  of  section  thirty-five  (35)„ 
township  forty  (40)  north,  range  thirteen  (13). 

In  case  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company 
shall  be  unable  to  purchase  said  property,  or  any  part  thereof  described 
in  this  section,  at  a price  deemed  by  said  railway  company  to  be  rea- 
sonable, then  the  same  shall  be  condemned  by  the  city  of  Chicago  for 
street  purposes,  and  the  compensation  and  damages  awarded  in  such 
proceedings,  including  court  costs  and  all  other  expense  of  litigation*, 


2000 


RAILROADS TRACK  ELEVATION. 


[§  921 


that  may  be  incurred  in  such  condemnation  proceedings,  shall  be  paid 
by  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  ana  said 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company  shall  have  the 
right  to  take  part  in  said  condemnation  proceeding  in  behalf  of  the  city 
by  counsel  specially  employed  by  it,  and  shall  have  the  right  to  have 
all  witnesses  that  it  may  name  called  to  testify  in  said  condemnation 
proceedings. 

If  32.  Acceptance — extension  of  street  subway — expense.] 

§ 16.  In  consideration  of  the  acceptance  of  this  ordinance  by  the  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company  it  is  hereby  agreed 
that  if  the  city  of  Chicago  shall  at  any  time  hereafter  open  and  extend 
any  street  or  streets,  avenue,  alley  or  public  way,  across  the  right  of 
way  and  lands  of  said  company,  such  crossing  shall  be  made  by  subway 
only  and  no  claim  for  compensation  on  account  of  land  taken  for  right 
of  way  of  such  street  or  streets,  avenue  or  alley  or  pub- 
lic way,  will  be  made  by  said  railway  company,  and  such 
waiver  of  compensation  shall  attach  to  and  run  with  such 
land  in  the  hands  of  any  grantee  or  grantees  of  such  railway 
company,  but  the  sole  cost  and  expense  of  the  construction  of  such 
subway  or  subways  and  of  such  bridge  or  bridges  as  may  be  neces- 
sary to  carry  all  the  tracks  on  said  company’s  lands  and  right  01  way, 
and  over  such  highways  shall  be  borne  and  paid  by  the  city  of  Chi- 
cago without  expense  to  said  railway  company  mentioned  in  this  ordi- 
nance, and  in  no  case  shall  any  such  bridge  or  bridges  or  such  subway 
or  subways  so  to  be  built  be  inferior  in  any  respect  to  the  bridges  and 
subways  to  be  built  by  the  railway  company  across  the  streets  provided 
for  in  this  ordinance.  Such  bridges  shall  conform  to  the  general  plan 
of  the  bridges  provided  for  in  this  ordinance,  except  as  to  such  changes 
in  the  details  thereof  as  may  be  agreed  upon  by  the  city  engineer  of 
the  city  of  Chicago  and  the  chief  engineer  of  said  railway  company; 
but  in  all  other  respects’ such  crossing  shall  be  constructed  in  accord- 
ance with  the  provisions  thereof  in  respect  to  the  streets  named  in  this 
ordinance.  The  work  of  such  construction  shall  be  done  by  the  rail- 
way company,  and  the  amount  to  be  paid  by  the  city  for  such  work 
and  construction  shall  not  exceed  the  actual  and  reasonable  cost  there- 
of. Said  bridges  respectively,  shall  support  all  the  tracks  of  said  com- 
pany then  existing  and  in  use  across  the  lines  of  the  proposed  street 
or  streets  at  the  time  of  the  construction  of  such  subway  across  such 
right  of  way  of  said  company;  but  said  railway  company  shall  not  be 
required  to  do  amr  work  toward  the  construction  of  any  such  subway 
or  subways  until  the  cost  thereof,  as  may  be  estimated  by  the  city  en- 
gineer and  chief  engineer  of  said  railway  company,  shall  have  been 
first  paid  over  to  said  railway  company,  or  deposited  in  some  respon- 
sible bank  for  its  benefit  and  to  be  paid  over  to  it  at  once  upon  the 
completion  of  said  work. 

IT  33.  Take  effect  when — conditions — modification.]  § 17. 

This  ordinance  shall  take  effect  from  and  after  its  passage,  approval 


§ 92i] 


C.,  M.  & ST.  P.  R’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2061 


and  publication;  Provided,  however,  this  ordinance  shall  be  null  and 
void  unless  said  Chicago  and  Northwestern  Railway  Company  and 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  shall  through 
their  authorized  officers  file  with  the  mayor  of  the  city  of  Chicago, 
within  thirty  days  from  the  passage  and  approval  by  the  mayor  ot  this 
ordinance,  agreement  or  agreements  duly  executed,  whereby  said  rail- 
way companies  shall  undertake  to  do  and  perform  all  the  matters  and 
things  required  of  them  respectively  by  this  ordinance.  After  the 
filing  of  said  agreement  or  agreements  by  said  companies,  and  not  be- 
fore, this  ordinance  shall  not  be  materially  modified  or  amended  with- 
out the  consent  of  either  company  effected  by  any  proposed  modifica- 
tion, unless  said  company  or  companies  shall  be  in  default  in  the  per- 
formance of  the  several  matters  and  things  required  by  this  ordinance 
and  undertaken  to  be  done  by  such  agreement 


2062  RAILROADS TRACK  ELEVATION.  [§  922 

§ 922.  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  and 
Chicago  and  Northwestern  Railway  Company. 

IT  1.  Elevate  plane  of  roadbed  and  tracks— height, 
if  2.  Roadbed— tracks— height  of. 

IT  3.  Tracks— height  of— “cut  off”  branch. 

If  4.  Authority— changes  tracks  and  switch-connections. 

If  5.  Permission  and  authority— changes — elevate, 
f 6.  Elevation— top  of  rail. 

t 7.  Embankments— roadbed— material— subways— side  slopes. 

If  8.  Grant— elevate  roadbed— tracks— abutments— subways— ma- 
terial. 

if  9.  Elevate  tracks— subways— material— bridges— abutments,  lo- 
cation of. 

if  10.  Subways,  when  constructed. 

if  11.  Subways,  where  constructed. 

if  12.  Subways  constructed  jointly,  where. 

if  13.  Subways  and  passageways— size— dimensions  and  location  of. 
if  14.  Grade— approaches  to  subways, 
if  15.  Subway,  vertical. 

if  16.  Excavation— depression  of  subways— restored  to  serviceable 
condition— expense. 

if  17.  Grades  changed  to  conform  to  grades  of  subways, 
if  18.  Damage  of  subways— receiving  basins— sewers, 
if  19.  Subways  constructed— requirements— materials, 
if  20.  Streets  restored— expense  of. 
if  21.  Pave  roadway  in  subways, 
if  22.  Grade  of  street,  changed  how. 
if  23.  Elevated  tracks— subways— street  contiguous, 
if  24.  Damages  to  adjacent  property— city  to  pay. 
if  25.  Work,  how  done— approval  of  commissioner  of  public  works, 
if  26.  Permission  and  authority— temporary  structure, 
if  27.  When  tracks  elevated— speed  of  train, 
if  28.  Approval  of  plans;  specifications  of  proposed  work, 
if  29.  Elevation  of  track,  when  to  begin— delay  of  work— city’s  posi- 
tion. 

if  30.  Time  for  completion  of  work— authority  of  commissioner  of 
public  works. 

if  31.  Time  of  railway  company  in  which  to  dedicate  ground  for 
public  streets. 

if  32.  Right  of  city  to  cross  railway  property— subways  only,  city 
to  pay  expense  of  same, 
if  33.  When  in  force. 

An  ordinance  requiring  the  elevation  of  the  roadbed  and  tracks  of  the  Chi- 
cago, Milwaukee  & St.  Paul  Railway  Company,  and  the  Chicago  & North- 
western Railway  Company,  respectively,  and  to  elevate  the  plane  of  cer- 
tain of  their  railway  tracks  within  the  city  of  Chicago.  (Passed  Decem- 
ber 6,  1897.  Accepted  January  10,  1898.) 

1 1.  Elevate  plane  of  roadbed  and  tracks — height.]  Be  it 

ordained  by  the  city  council  of  the  city  of  Chicago:  § i.  That  the  Chica- 
go, Milwaukee  and  St.  Paul  Railway  Company  and  the  Chicago  and 
Northwestern  Railway  Company  are  each,  respectively,  hereby  ordered 
and  required  to  elevate  the  plane  of  certain  of  their  roadbed  and  tracks 
within  certain  limits  of  the  city  of  Chicago  in  manner  and  upon  the 
conditions  hereinafter  specified,  that  is  to  say: 

Paragraph  i.  Beginning  at  the  most  desirable  point  on  the  exist- 


£ 922] 


C.,  M.  & ST.  P.  R’y  CO.  AND  C.  & N.  W.^r’y  CO. 


2063 


ing  tracks  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company 
southeast  of  the  viaduct  at  Central  Park  boulevard;  thence  said  ele- 
vated roadbed  and  tracks  shall  rise  on  the  most  suitable  gradient  con- 
venient and  practicable  to  said  railway  company  to  a point  about  on 
the  east  line  of  Central  Park  boulevard,  where  an  elevation  of  not  less 
than  28.8  feet  above  city  datum  shall  be  attained;  thence  said  elevated 
roadbed  and  tracks  shall  continue  to  rise  in  a northerly  and  westerly 
direction  on  an  ascending  gradient  of  about  0.2  per  centum  for  a dis- 
tance of  about  600  feet  to  a point  about  on  the  south  line  of  West  Chi- 
cago avenue,  where  an  elevation  of  not  less  than  30.0  feet  above  city 
datum  shall  be  attained;  thence  said  elevated  roadbed  and  tracks  shall 
continue  in  a northerly  and  westerly  direction  and  on  an  ascending 
gradient  of  about  0.2  per  centum  for  a distance  of  about  700  feet  to  a 
point  about  on  the  east  line  of  Kedzie  avenue,  where  an  elevation  of 
not  less  than  31.4  feet  above  city  datum  shall  be  attained;  thence  said 
elevated  roadbed  and  tracks  shall  continue  in  a northerly  and  westerly 
direction  on  an  ascending  gradient  of  about  .11  per  centum  for  a dis- 
tance of  about  1,850  feet  to  a point  about  on  the  south  line  of  Grand 
avenue,  where  an  elevation  of  not  less  than  33.4  feet  above  city  datum 
shall  be  attained;  thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a northerly  and  westerly  direction  on  an  ascending  gradient 
of  about  .03  per  centum  for  a distance  of  about  4,850  feet  to  a point 
on  the  south  line  of  Wabansia  avenue,  where  an  elevation  of  not  less 
than  35.0  feet  above  city  datum  shall  be  attained;  thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a northerly  and  westerly  direction 
on  a level  gradient  for  a distance  of  about  10,560  feet  to  a point  about 
on  the  south  line  of  West  Belmont  avenue,  where  an  elevation  of  not 
less  than  35.0  feet  above  city  datum  shall  be  attained,  and  crossing  in 
said  last  mentioned  course,  at  grade,  the  proposed  elevated  roadbed 
and  tracks  of  the  Chicago  and  Council  Bluffs  division,  as  hereinafter 
described  in  section  1,  paragraph  2,  at  what  is  known  and  called  the 
Pacific  Junction;  thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a northerly  and  westerly  direction  on  an  ascending  gradient  of 
about  .15  per  centum  for  a distance  of  about  3,980  feet  to  a point  about 
on  the  south  line  of  Milwaukee  avenue,  where  an  elevation  of  not  less 
than  40.9  feet  above  city  datum  shall  be  attained;  thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a northwest  and  westerly  direc- 
tion on  a level  grade  for  a distance  of  about  1,720  feet  to  a point  about 
on  the  north  line  of  Irving  Park  boulevard,  where  an  elevation  of  not 
less  than  40.9  feet  above  city  datum  shall  be  attained,  and  crossing  at 
grade  in  said  last  mentioned  course  the  proposed  elevated  roadbed  and 
tracks  of  the  Mayfair  “cut  off”  branch  line  of  the  Chicago  and  North- 
western Railway  Company  as  hereinafter  mentioned;  thence  said  ele- 
vated roadbed  and  tracks  shall  continue  in  a northerly  and  westerly 
direction  and  shall  descend  on  the  most  suitable  and  practicable  gra- 
dient to  a connection  with  the  present  roadbed  and  tracks  northwest  of 
Irving  Park  boulevard. 


2064 


RAILROADS TRACK  ELEVATION. 


[§  922 


^ 2.  Roadbed— tracks,  height  of.]  Paragraph  2.  From  the 
most  desirable  point  east  of  North  Lawndale  avenue  on  the  existing 
tracks  of  the  Chicago  and  Council  Bluffs  division  of  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway,  the  tracks  of  said  railway  company  shall 
rise  on  the  most  suitable  gradient  convenient  and  practicable  to  said 
railway  company  to  a point  about  on  the  east  line  of  North  Lawndale 
avenue,  where  an  elevation  of  not  less  than  32.5  feet  above  city  datum 
shall  be  atained;  thence  said  elevated  roadbed  and  tracks  shall  continue 
in  a westerly  direction  on  an  ascending  gradient  of  about  .30  per 
centum  for  a distance  of  about  830  feet  to  a point  about  10  feet  east 
of  the  east  rail  of  the  most  easterly  track  of  the  Chicago  division  of 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  where  an  ele- 
vation of  not  less  than  35.0  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbed  and  tracks  of  said  Chicago  and  Council 
Bluffs  division  shall  continue  in  a westerly  direction  and  on  a level 
gradient  to  a point  about  10  feet  west  of  the  west  rail  of  the  most  west- 
erly track  of  the  Chicago  division  of  said  Chicago,  Milwaukee  and  St. 
Paul  Railway,  and  crossing  at  grade  in  said’  last  mentioned  course  the 
proposed  elevated  roadbed  and  tracks  of  the  Chicago  division  ot  said 
Chicago,  Milwaukee  and  St.  Paul  Railway  as  hereinbefore  described 
in  section  1,  paragraph  1;  thence  said  elevated  roadbed  and  tracks 
shall  continue  in  a westerly  direction  on  a descending  gradient  of  about 
.06  per  centum  for  a distance  of  about  480  feet  to  a point  about  on  the 
east  line  of  North  Springfield  avenue,  where  an  elevation  of  not  less 
than  34.7  feet  above  city  datum  shall  be  attained ; thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a westerly  direction  on  a descend- 
ing gradient  of  about  .04  per  centum  for  a distance  of  about  730  feet  to 
a point  about  on  the  west  line  of  North  Fortieth  avenue,  where  an  ele- 
vation of  not  less  than  34.4  feet  above  city  datum  shall  be  attained; 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  a westerly 
direction  and  shall  descend  on  the  most  suitable  gradient  convenient 
and  practicable  to  said  railway  company  to  a connection  with  their 
present  roadbed  and  tracks  west  of  North  Fortieth  avenue. 

Tf  3.  Tracks — height  of— “cutoff”  branch.]  Paragraph  3. 
From  the  most  desirable  point  south  of  Milwaukee  avenue  on  the  ex- 
isting tracks  of  the  Mayfair  “cut  off”  branch  line  of  the  Chicago  and 
Northwestern  Railway,  the  tracks  of  said  railway  company  shall  rise 
on  the  most  suitable  gradient  convenient  and  practicable  to  said  rail- 
way company  to  a point  about  on  the  south  line  of  Milwaukee  avenue, 
where  an  elevation  of  not  less  than  40.9  feet  above  city  datum  shall  be 
attained;  thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
northerly  direction  on  a level  gradient  for  a distance  of  about  1,200 
feet  to  a point  about  on  the  north  line  of  Irving  Park  boulevard,  where 
an  elevation  of  not  less  than  40.9  feet  above  city  datum  shall  be  at- 
tained; and  crossing  at  grade  in  said  last  mentioned  course  the  pro- 
posed elevated  roadbed  and  tracks  of  the  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  as  hereinbefore  described;  thence  said  ele- 


§ 922] 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.  W.  r’y  CO. 


2065 


vated  roadbed  and  tracks  shall  continue  in  a northerly  direction  and 
shall  descend  on  the  most  suitable  gradient  convenient  and  practicable 
to  said  railway  company  to  a connection  with  their  present  roadbed 
and  tracks  north  of  Irving  Park  boulevard. 

t 4.  Authority— changes— tracks  and  switch  connections.] 
Paragraph  4.  The  railway  companies  named  in  this  ordinance  are 
hereby  authorized  to  make  such  changes  in  the  position  and  alignment 
of  their  respective  main  and  side  tracks  and  switch  connections  as  may 
be  desirable  in  order  to  carry  out  the  provisions  of  this  ordinance. 

If  5.  Permission  and  authority— changes— elevate.]  Para- 
graph 5.  Permission  and  authority  is  also  hereby  given  to  the  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company  to  elevate  the  "Y” 
track  of  its  branch  lines  at  Pacific  Junction;  and  to  make  such  changes 
in  their  location  as  the  said  company  may  deem  necessary. 

% 6.  Elevation — top  of  rail.]  Paragraph  6.  All  elevation  of 
railroad  tracks  mentioned  in  this  ordinance  shall  refer  to  the  top  oi  the 
rail. 

1 7.  Embankments  — roadbed — material  — subways  — side 
slopes.]  § 2.  The  embankment  or  embankments  on  which  said  ele- 
vated roadbed  shall  be  constructed,  within  the  aforesaid  limits,  shall  be 
composed  of  sand,  clay,  gravel,  loam,  broken  stone  and  whatever  else 
may  compose  the  surplus  material  excavated  from  the  subways  and 
from  the  foundation  pits  and  trenches  along  the  line  of  said  work. 
The  side  slopes  and  lateral  dimensions  of  said  embankments  will  be 
fixed  and  determined  by  the  natural  angle  of  repose  of  the  materials  of 
which  said  embankments  may  be  constructed,  but  whenever  it  may  be- 
come necessary,  for  the  purpose  of  keeping  said  embankments  entirely 
within  the  lines  of  the  right  of  way  of  said  company,  such  portions  of 
said  embankments,  at  all  such  points,,  shall  be  kept  within  said  right 
of  way  lines  by,  or  they  shall  be  confined  between  retaining  walls  of 
stone  or  brick  masonry;  Provided,  however,  that,  whenever  said  re- 
taining walls  are  of  insufficient  height  to  properly  protect  said  right  of 
way,  and  to  prevent  trespassing  thereon,  then  said  retaining  walls  as 
aforesaid  shall  be  surmounted  with  a suitable  fence  or  railing,  but 
whenever  said  retaining  walls  are  not  used  at  all,  the  right  of  way  of 
said  company  shall  be  fenced  in,  or  otherwise  properly  enclosed,  in 
compliance  with  the  present  ordinances  of  the  city  of  Chicago  relating 
to  the  fencing  of  railroad  tracks. 

If  8.  Grant — elevate  roadbed  and  tracks — abutments — sub- 
ways material.]  § 2a.  To  enable  the  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  to  prosecute  the  work  of  the  elevation  of  their 
roadbed  and  tracks,  in  accordance  with  the  provisions  of  this  ordi- 
nance, permission  and  authority  is  hereby  granted  to  said  railway  com- 
pany to  elevate  the  roadbed  and  tracks  of  the  Chicago  and  Council 
Bluffs  division,  lying  east  and  west  of  the  Chicago  division, 
at  Pacific  Junction,  temporarily  on  embankments  or  upon 
open  trestlework  structure,  but  the  abutments  of  subways  at 


2066 


RAILROADS TRACK  ELEVATION. 


[§  922 


the  intersection  of  North  Lawndale,  North  Springfield  and  North 
Fortieth  avenues  shall  be  constructed  of  stone  in  accordance  with  the 
provisions  described  in  section  4a,  and  neither  the  passage  of  this  ordi- 
nance, the  incurring  of  any  expense,  nor  the  doing  of  any  work  there- 
under by  said  railway  company  shall  ever  be  construed  in  any  manner 
whatever  to  estop  or  prevent  the  city  of  Chicago,  from  hereafter  pass- 
ing an  ordinance  for  the  elevation  of  the  roadbed  and  tracks  beyond 
the  points  mentioned  in  this  ordinance. 

1 9.  Elevated  tracks  — subways — material — bridges — abut- 
ments, location  of.]  § 3.  The  said  elevated  tracks  shall  be  carried 
across  all  intersecting  streets,  avenues  and  alleys,  which,  by  the  terms 
of  this  ordinance,  are  to  be  provided  with  subways,  on  suitable  bridges 
of  one,  two,  three  or  four  spans,  whose  superstructure  shall  consist  of 
iron  or  steel  main  girders,  with  iron  or  steel  main  floor,  or  ordinary 
track  stringers;  but  should  the  latter  method  be  adopted,  some  suitable 
device  shall  be  provided  to  prevent  storm  water,  dirt,  oil  and  other  sub- 
stances from  dropping  from  such  elevated  structure  upon  the  subways 
beneath.  The  said  bridges  shall  be  supported  on  abutments  of  con- 
crete, stone  or  brick  masonry,  or  on  rows  of  iron  or  steel  columns, 
braced  together  laterally  and  erected  on  and  anchored  to  masonry 
foundation,  constructed  within  the  lines  of  the  railroad  right  of  way 
and  in  curb  lines  of  the  intersecting  avenues  and  streets. 

JM  1"  10.  Subways,  where  constructed.  ] § 4.  Paragraph  1. 

Subways  shall  be  constructed  beneath  the  tracks  of  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company  where  said  tracks  are  intersect- 
ed and  crossed  by  Central  Park  boulevard,  West  Chicago  avenue, 
North  Kedzie  avenue,  North  Spaulding  avenue  (Grand  and  Homan 
avenue),  West  Division  street,  Central  Park  avenue  (Tinkham  and 
Hirsch  street),  (North  Lawndale  avenue  and  LeMoyne  street),  West 
North  avenue,  West  Wabansia  avenue,  Cortland  street,  Armitage  ave- 
nue, Dickens  avenue,  Humboldt  avenue  (North  Fortieth  and  Belden 
avenue),  West  Fullerton  avenue,  West  Wrightwood  avenue,  West  Di- 
versey  avenue,  West  Wellington  street,  West  Belmont  avenue,  West 
Roscoe  street,  West  Addison  avenue,  Milwaukee  avenue,  Irving  Park 
boulevard,  North  Lawndale  avenue,  North  Springfield  avenue  and 
North  Fortieth  avenue. 

f 11.  Subways,  where  constructed.]  Paragraph  2.  Subways 

shall  be  constructed  beneath  the  tracks  of  the  Mayfair  “cut  off”  branch 
line  of  the  Chicago  and  Northwestern  Railway  where  said  tracks  are 
intersected  and  crossed  by  Milwaukee  avenue  and  Irving  Park  boule- 
vard. 

f 12.  Subways— constructed  jointly,  where.]  Paragraph  3. 
The  subway  at  Irving  Park  boulevard  shall  be  constructed  jointly  by 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  and  the  Chi- 
cago and  Northwestern  Railway  Company,  and  the  Chicago,  Milwau- 
kee and  St.  Paul  Railway  Company  shall  construct  that  portion  of  said 
subway  lying  west  of  a line  midway  between  the  nearest  rail  of  the 


2067 


§ 922]  C.,  M.  & ST.  P.  R’Y  CO.  AND  C.  & N.  W.  r’y  CO. 

present  tracks  of  said  railway  companies;  and  also  the  west  approach 
of  said  subway;  and  the  Chicago  and  Northwestern  Railway  Com- 
pany shall  construct  the  remaining  portion  and  east  approach  of  said 
subway  lying  east  of  said  last  above  mentioned  line. 

1 13.  Subways  and  passageways;  size,  dimensions  and  lo- 
cation of.  ] § 4a.  The  several  subways,  passageways  and  street 

grade  crossings,  hereinbefore  referred  to  in  section  4 of  this  ordinance, 
and  which  shall  be  constructed  with  the  elevation  upon  which  such 
tracks  are  to  be  placed,  shall,  as  to  their  size  and  dimensions,  locations 
and  other  details,  be  in  accordance  with  the  following  schedule: 
Subway  in  Central  Park  boulevard,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (Boulevard,  264  feet  wide.) 

This  subway  shall  be  constructed  of  such  dimensions  and  according 
to  such  plans  as  may  be  agreed  upon  between  the  West  Chicago  Park 
Commissioners  and  the  said  Chicago,  Milwaukee  and  St.  Paul  Rail- 
way Company. 

In  consideration  of  the  benefits  accruing  to  the  West  Park  Com- 
missioners by  the  construction  of  the  above  mentioned  subway,  which 
is  to  be  constructed  under  the  tracks  of  the  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company,  said  West  Park  Commissioners 
do  hereby  agree  to  dedicate  for  the  purposes  of  a public  street,  within 
six  months  after  the  passage  of  this  ordinance,  a strip  of  ground  fifty 
(50)  feet  in  width  lying  west  of  the  west  line  of  the  east  half  (E.  y*)  of 
the  northwest  quarter  (N.  W.  of  section  twelve  (12),  town  thirty- 
nine  (39)  north,  range  thirteen  (13),  east  of  the  third  principal  meridian, 
and  extending  from  the  south  line  of  North  Sacramento  square  north- 
erly to  the  south  line  of  Augusta  street,  including  the  portions  of 
streets  at  the  intersection  of  West  Chicago  and  Grand  avenues;  and  said 
proposed  street  shall  be  used  as  an  extension  of  North  Sacramento 
avenue,  and  shall  be  known  as  and  called  North  Sacramento  avenue. 

Width  of  roadway  in  subway  in  proposed  street,  40  feet. 

Width  of  one  sidewalk  in  subway  on  the  east  side,  10  feet. 

Subway  in  West  Chicago  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Chicago  avenue,  80  feet  wide.) 

The  depression  of  street  shall  not  exceed  8.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  13.0  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
north  and  south  approaches  of  Albany  avenue,  as  they  shall  be  changed 
so  as  to  conform  to  the  lines  of  the  street  as  hereinafter  specified  in 
section  15  of  this  ordinance. 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  21  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 


2068 


RAlLROADb TRACK  ELEVATION. 


be  the  same  as  they  now  exist  in  West  Chicago  avenue,  and  in  Albany 
avenue  they  shall  be  made  to  conform  with  the  new  lines  of  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet 

Subway  in  Kedzie  avenue,  under  the  Chicago,  Milwaukee  and  St.  Paul 
Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  the  street  shall  not  exceed  4.8  feet  below  the. 
present  surface  of  tracks,  making  the  elevation  of  the  floor  of  subway 
not  less  than  17.4  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  too  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  vay  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders 

Clear  head  room,  12.5  feet* 

Subway  in  North  Spaulding  avenue,  under  the  Chicago.,  Milwaukee 
and  St.  Paul  Railway.  (North  Spaulding  avenue,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  4.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  18.8  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Grand  avenue,  under  the  Chicago,  Milwaukee  and  St.  Paul 
Railway.  (Grand  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 


§ 922]  C. , M.  & ST.  P.  R’Y  CO.  AND  C.  & N.  W.  r’y  CO.  2069 

than  19.4  feet  above  city  datum.  This  level  shall  extend  to  the  right  of 
way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street,  including  the  north 
and  south  approaches  of  Homan  avenue  as  they  shall  be  changed  so  as 
to  conform  to  the  lines  of  street  as  hereinafter  specified  in  section  15 
of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  42  feet  in  subway. 

Width  of  sidewalks,  12  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Grand  avenue,  and  in  Homan  avenue 
they  shall  be  made  to>  conform  with  the  new  lines  of  street. 

The  depression  of  sidewalks  shall  be  uniform  with  - the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders,  and  one  line  of  posts  in  the  center  of  roadway. 

Clear  head  room,  12.5  feet 

Subway  in  West  Division  street,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Division  street,  80  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  present 
surface  of  tracks,  making 'the  elevation  of  the  floor  of  subway  not  less 
than  19.9  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  48  feet  in  subway 

Width  of  sidewalks,  16  feet  each  in  subway 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders 

Clear  head  room,  12.5  feet 

Subway  in  Central  Park  avenue,  under  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Central  Park  avenue.  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  20.8  feet  above  city  datum  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks.  10  feet  each  in  subway 


2070 


RAILROADS TRACK  ELEVATION. 


[§  922 


Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof,, 
and  one  line  of  posts  in  the  center  of  roadway  to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Hirsch  street,  under  the  Chicago,  Milwaukee  and  St.  Paul 

Railway.  (Hirsch  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21. 1 feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  m 100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
north  and  south  approaches  of  Tinkham  street,  as  they  shall  be 
changed  to  conform  to  the  lines  of  the  street  as  hereinafter  specified  in 
section  15  of  this  ordinance. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Hirsch  street,  and  in  Tinkham  street 
they  shall  be  made  to  conform  to  the  new  lines  of  the  street. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders 

Clear  head  roorti,  12.0  feet 

Subway  in  Le  Moyne  street,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Le ‘Moyne  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21. 1 feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
north  and  south  approaches  of  North  Lawndale  avenue,  as  they  shall 
be  changed  so  as  to  conform  to  the  lines  of  the  street  as  hereinafter 
specified  in  section  15  of  this  ordinance 

Width  between  walls  of  subway,  60  feet 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shalF 
be  the  same  as  they  now  exist  in  Le  Moyne  street,  and  in  North  Lawn- 
dale avenue  they  shall  be  made  to  conform  to  the  new  lines  ot  the 
street. 


922]  C.,  M.  & ST.  P.  R’Y  CO.  AND  C.  & N.  W.  r’y  CO. 


2071 


The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  West  North  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (West  North  avenue,  100  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  20.9  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  leet 
to  a connection  with  the  present  surface  of  street,  including  the  south 
approach  of  Ridgeway  avenue. 

Width  between  walls  of  subway,  100  feet 

Width  of  roadway,  60  feet  in  subway 

Width  of  sidewalks,  20  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  in 
West  Chicago  avenue  and  Ridgeway  avenue  shall  be  the  same  as  they 
now  exist. 

The  depression  shall  be  uniform  with  the  roadway,  and  about  one 
foot  above  level  of  same. 


Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Wabansia  avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (West  Wabansia  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street,  including  the  south 
approach  of  Hamlin  avenue. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  in 
West  Wabansia  avenue  and  Hamlin  avenue  shall  be  the  same  as  they 
now  exist.  J 


The  depression  of  sidewalks  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders.  * 

Clear  head  room,  12  feet 

Subway  in  Cortland  street,  under  the  Chicago,  Milwaukee  and  St. 
Paul  Railway.  (Cortland  street,  66  feet  wide.) 


2072 


RAILROADS TRACK  ELEVATION. 


[§  922 


The  depression  of  street  shall  not  exceed  5.3  feet  below  the  present 
surface  of  tracks,  making-  the  elevation  of  the  floor  of  subway  noi  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  leet 
to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders 

Clear  head  room,  12  feet 

Subway  in  Armitage  avenue,  under  the  Chicago',  Milwaukee  and  St. 

Paul  Railway.  (Armitage  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.0  feet  afiove  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
north  and  south  approaches  of  North  Springfield  avenue,  as  they  shall 
be  changed  so  as  to  conform  to  the  lines  of  the  street  as  hereinafter 
specified  in  section  15  of  this  ordinance 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Armitage  avenue,  and  in  North 
Springfield  avenue  they  shall  be  made  to  conform  to  the  new  lines  of 
street 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders 

Clear  head  room,  12.5  feet. 

Subway  in  Dickens  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Dickens  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street 


§ 922] 


C. , M.  & ST.  P.  R Y CO.  AND  C.  & N.  VV.  r’y  CO. 


2073 


Width  between  walls  of  subway,  66  feet 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Humboldt  avenue,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (Humboldt  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5-3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  the  curb  lines  and  inside  there- 
of, to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  West  Belden  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Belden  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway,  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
north  and  south  approaches  of  North  Fortieth  avenue,  as  they  shall  be 
changed  so  as  to  conform  to  the  lines  of  the  street  as  hereinafter  speci- 
fied in  section  15  of  this  ordinance. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet‘each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines,  shall 
be  the  same  as  they  now  exist  in  West  Belden  avenue,  and  in  North 
Fortieth  avenue  they  shall  be  made  to  conform  with  the  new  lines  of 
the  street. 


2074  RAILROADS TRACK  ELEVATION.  [§  922 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Fullerton  avenue,  under  the  Chicago,  Milwaukee  and 
St.  Paul  Railway.  (West  Fullerton  avenue,  100  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  60  feet  in  subway. 

Width  of  sidewalks,  20  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Wrightwood  avenue,  under  the  Chicago,  Milwaukee 
and  St.  Paul  Railway.  (West  Wrightwood  avenue,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  4.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right  of 
way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet 
Width  of  roadway,  40  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure  as  required  by 
the  terms  of  this  ordinance  until  such  time  as  the  land  necessary  for 


2075 


§ 922]  C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.-W.  R’Y  CO. 

a continuous  street  66  feet  in  width  for  at  least  cne-quarter  mile  in 
length  upon  each  side  of  the  right  of  way  of  said  railway  company  shall 
have  been  properly  dedicated  or  condemned  for  public  street  purposes 
and  said  street  shall  have  been  graded  or  otherwise  properly  prepared 
for  general  use  of  the  public. 

Subway  in  West  Diversey  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Diversey  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  West  Wellington  street,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Wellington  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway,  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure,  as  required 
by  the  terms  of  this  ordinance,  until  such  time  as  the  land  necessary 


2076 


RAILROADS TRACK  ELEVATION. 


2 2:- 


for  a continuous  street  66  feet  in  width  for  at  least  one-quarter  mile  in 
length  upon  each  side  of  the  right  of  way  of  said  railway  company, 
shall  have  been  properly  dedicated  or  condemned  for  public  street  pur- 
poses and  said  street  shall  have  been  graded  or  otherwise  properly 
prepared  for  general  use  of  the  public. 

Subway  in  West  Belmont  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Belmont  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  6.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  21.0  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
* be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 

• and  about  one  foot  above  level  of  same. 

Two  line  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  West  Roscoe  street,  under  the  Chicago,  Milwaukee  and  St. 

Paul  Railway.  (West  Roscoe  street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  23.6  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  teet 
to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  ot  this 
subway,  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  elevated  embankment  or  structure,  as  required 
by  the  terms  of  this  oidinance,  until  such  time  as  the  land  necessary 


2077 


.§  922J  jC.,  M.  & ST.  P.  R’Y  CO.  AND  C.  & N..-W.  r’y  CO. 

for  a continuous  street  66  feet  in  width  for  at  least  one-half  mile  in 
length  upon  each  side  of  the  right  of  way  of  said  railway  company, 
shall  have  been  properly  dedicated  or  condemned  for  public  street  pur- 
poses and  said  street  shall  have  been  graded  or  otherwise  properly 
prepared  for  general  use  of  the  public. 

Subway  in  West  Addison  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (West  Addison  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  25.5  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12.0  feet. 

Subway  in  Milwaukee  avenue,  under  the  Chicago.  Milwaukee  and  St. 

Paul  Railway.  (Milwaukee  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the  right 
of  way  lines  of  said  railway  on  each  side  thereof.  From  :Hs  level  the 
east  approach  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
north  approaches  of  Vernon  avenue,  and  Depot  place;  and  the  west 
approach  shall  extend  on  a grade  of  not  to  exceed  1.5  feet  in  100  feet 
to  a connection  with  the  new  grade  of  Milwaukee  avenue  as  it  shall 
be  changed  between  the  subways  of  the  Chicago  and  Northwestern 
Railway  and  the  Chicago,  Milwaukee  and  St.  Paul  Railway;  and  the 
elevation  of  this  new  grade  shall  not  be  less  than  29.0  feet  above  city 
datum. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadwav,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist  in  Milwaukee  avenue  and  in  all  the 
streets  intersecting  or  meeting  said  Milwaukee  avenue 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 


2078  RAILROADS TRACK  ELEVATION.  [§  9 22 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
and  one  line  of  posts  in  center  of  roadway,  to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Irving  Park  boulevard,  under  the  Chicago,  Milwaukee  and 
St.  Paul  Railway,  Chicago  and  Northwestern  Railway.  (Irving 
Park  boulevard,  100  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the 
most  easterly  and  most  westerly  right  of  way  lines  of  said  railways. 
From  this  level  the  approaches  shall  extend  on  a grade  of  not  to  ex- 
ceed 3.5  feet  in  100  feet  to  a connection  with  the  present  surface  of 
street,  including  the  north  approach  to  Charles  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  56  feet  in  subway. 

Width  of  sidewalks,  22  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  and 
in  Charles  street  shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  North  Lawndale  avenue,  under  the  Chicago,  Milwaukee 
and  St.  Paul  Railway.  (North  Lawndale  avenue,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  4.0  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  19.2  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway 
Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet 

Subway  in  North  Springfield  avenue,  under  the  Chicago,  Milwaukee 
and  St.  Paul  Railway.  (North  Springfield  avenue,  66  feet  wide.) 
The  depression  of  street  shall  not  exceed  5.0  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  21.2  feet  above  city  datum.  This  level  shall  extend  to  the 


§ 922] 


C.,  M.  & 


ST.  P.  R’Y  CO.  AND  C.  & N.  W.  r’y  CO. 


2079 


right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. . 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same.  . 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 


to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  North  Fortieth  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (North  Fortieth  avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.0  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  20.4  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  lines  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 


and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Milwaukee  avenue,  under  the  Chicago  and  Northwestern 
Railway.  (Milwaukee  avenue,  66  feet  wide.') 

The  depression  of  su*eet  shall  not  exceed  5.0  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 
less  than  26.9  feet  above  city  datum.  This  level  shall  extend  to  the 
right  of  way  lines  of  said  railway  on  each  side  thereof.  From  this 
level  the  west  approach  shall  extend  on  a grade  of  not  to  exceed  3.5 
feet  in  100  feet  to  a connection  with  the  present  surface  of  street;  and 
the  east  approach  shall  extend  on  a grade  of  not  to  exceed  1.5  feet 
in  100  feet  to  a connection  with  the  new  grade  of  Milwaukee  avenue 
as  it  shall  be  changed  between  the  subways  of  the  Chicago  and  North- 
western Railway;  and  the  elevation  of  this  new  grade  shall  not  be  less 
than  29.0  feet  above  city  datum. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 


2080 


RAILROADS TRACK  ELEVATION. 


L§  922 


Width  of  sidewalks,  io  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  right  of  way  shall 
be  the  same  as  they  now  exist  in  Milwaukee  avenue  and  in  all  the 
streets  intersecting  or  meeting  said  Milwaukee  avenue. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Wherever,  in  the  foregoing  subway  specifications,  the  words  “right 
of  way  of  said  railway”  are  used,  it  shall  be  understood  and  agreed 
that  such  right  of  way  is  not  more  than  one  hundred  (100)  feet  in 
width 

1 14.  Grade— approaches  to  subways— depression.]  § 4b.  The 
grade  of  all  the  streets  that  intersect  the  approaches  to  subways  de- 
scribed in  section  4 of  this  ordinance  shall  be  depressed  so  as  to  con- 
form to  the  grade  of  the  approaches  into  such  subways. 

15.  Subways — vertical  curve— extension  of— intersection  of 
grades.  ] § 4c.  In  the  several  subways  mentioned  in  this  ordinance 

there  shall  be  constructed  a vertical  curve  where  the  head  of  ap- 
proaches connects  with  the  present  grade  of  street,  and  said  vertical 
curve  shall  extend  not  less  than  20  feet  each  side  of  said  intersection 
of  grades,  and  the  middle  ordinate  of  the  vertical  curve  shall  be  equal 
to  one-half  of  the  difference  between  the  elevation  of  the  points  on  said 
intersecting  grades. 

If  16.  Excavation— depression  of  subways — restored  to  service- 
able condition — expense.]  § 5.  All  such  excavation  shall  be  made 
in  the  streets  as  may  be  required  for  the  depression  of  such  subways 
and  the  approaches  thereto.  But  the  depressed  portion  of  the  streets 
shall  be  restored  to  serviceable  condition  for  the  use  of  the  public  as 
soon  as  practicable,  and  all  water  pipes,  conduits,  sewers  and  other 
similar  substructures  belonging  to  the  city  that  may  be  disturbed  by 
such  excavations  or  required  to  be  moved  or  deflected  from  the  posi- 
tion in  which  they  are  found  shall  be  replaced  or  suitable  expedients 
and  arrangements  shall  be  devised  and  provided  to  restore  them  as 
fully  as  may  be  to  their  former  state  of  usefulness,  but  the  gradients 
of  the  sewers  shall  not  be  reduced  in  any  event.  All  such  work  shall 
be  done  by  the  respective  railroad  companies  as  indicated  in  section 
4a,  at  their  sole  expense,  and  under  the  immediate  supervision  and 
to  the  satisfaction  of  the  commissioner  of  public  works  of  the  city  of 
Chicago.  And  if  in  the  construction  of  any  of  said  subways  or  ap- 
proaches it  shall  become  necessary  to  disturb,  remove  or  destroy  any 
pipes,  conduits,  wires  or  other  property  belonging  to  any  private  cor- 
poration or  individual,  all  of  the  cost  and  expense  thereof  and  all 
damage  thereto  shall  be  borne  and  assumed  by  the  city  of  Chicago, 
and  the  said  city  will,  by  condemnation,  purchase  or  otherwise,  secure 
to  said  railway  company  the  free  and  uninterrupted  right  to  prosecute 


2031 


§ 922]  c.,  M.  & ST.  P.  R’y  CO.  AND  C.  & N.-W.  r’y  CO. 

its  said  work,  and  will  save  the  said  railway  company  harmless  from 
any  and  all  claims,  demands  and  suits  arising  therefrom,  and  all  dam- 
ages which  may  be  recovered  therefor.  ■ 

f 17.  Grades  changed  to  conform  to  grades  of  subways.]  § 6. 
The  grades  of  all  the  streets  and  alleys  in  which  any  subways  are  to 
be  built,  in  accordance  with  the  provisions  of  this  ordinance  or  where 
streets  shall  be  depressed  in  accordance  with  the  provisions  ot  this 
ordinance  along  the  line  of  the  several  subways,  shall  be  and  the  same 
are  hereby  changed  so  as  to  conform  to  the  grades  of  such  subways 
as  they  shall  be  depressed  and  constructed  pursuant  to  the  provisions 
of  this  ordinance. 

% 18.  Drainage  of  subways— receiving  basins— sewers.]  § 7- 

Provision  shall  be  made  for  the  drainage  of  the  several  depressed 
subways  provided  for  in  this  ordinance  by  the  construction  of  receiv- 
ing basins  properly  located  in  or  immediately  adjacent  to  said  sub- 
ways, which  said  receiving  basins  shall  be  connected  with,  and  dis- 
charge their  contents  into  the  adjacent  city  sewers;  provided  there 
shall  be  a city  sewer  adjacent  to  said  subway  and  within  two  hundred 
(200)  feet  therefrom.  In  case  the  lowest  point  of  the  surface  of  any  of 
said  subways  should  be  below  the  grade  of  the  adjacent  sewer,  some 
other  adequate  means  of  drainage  satisfactory  to'  the  commissioner 
of  public  works  must  be  devised  and  provided  by  said  railroad  com- 
panies at  their  expense. 

Tf  19.  Subways  constructed— requirements — materials.]  § 8. 
Paragraph  1.  The  subways  and  approaches  thereto,  so  to  be  con- 
structed by  said  companies  in  said  streets  and  avenues  aforesaid,  shall 
all  conform  to  the  following  structural  requirements,  viz:  The  road- 
ways shall  be  paved  with  a single  course  of  vitrified  brick  of  standard 
quality,  laid  at  right  angles  with  the  curb  lines  and  set  upon  a solid 
foundation  of  hydraulic  cement  concrete  of  not  less  than  six  (6)  inches 
thick  or  deep  when  solidly  tamped  in  place  and  otherwise  finished 
and  properly  crowned  ready  for  the  brick  wearing  surface,  between 
which  and  the  concrete  there  shall  be  interposed  a layer  of  screened 
sand  not  less  than  one-half  inch  thick.  The  curb  shall  be  of  sound 
hard  limestone  of  standard  dimensions  and  finish,  and  the  side- 
walks in  subways  shall  be  finished  and  paved  with  Portland  cement 
concrete  of  standard  quality  and  workmanship,  and  with  the  curbing 
and  roadway  paving  shall  be  made,  finished  and  put  in  permanent 
place  in  accordance  with  the  requirements  of  the  department  of  public 
works  of  the  city  of  Chicago.  The  approaches  of  subways  shall  be 
excavated  to  the  grade  established  by  this  ordinance  and  shall  be  in 
all  other  respects  restored  as  near  as  may  be  to  their  condition  before 
being  so  excavated. 

T 20.  Streets  restored— expense  of.  ] Paragraph  2.  As  to 
streets  in  this  section  mentioned,  which  are  already  paved  or  provided 
with  sidewalks,  such  paving  and  sidewalks  shall  be  restored  with  the 
present  material,  when  the  same  is  in  good  condition,  by  said  railroad 

131 


2082 


RAILROADS TRACK  ELEVATION. 


[§  922 


company  or  companies  at  their  own  expense,  in  such  portions  of  said 
streets  as  are  required  to  be  constructed  by  said  company  or  com- 
panies, except  that  said  railway  company  or  companies  are  not  re- 
quired to  ^restore  any  part  of  the  paving  of  approaches  or  subways, 
which  it  will  be  the  duty  of  any  street  railway  company,  or  other  cor- 
poration, itself  to  restore  under  existing  laws  or  ordinances. 

21.  Pave  roadway  in  subways.]  Paragraph  3.  Said  com- 
pany or  companies  shall  pave  the  entire  length  and  width  of  the 
roadway  in  such  portions  of  the  subways  as  are  required  to  be  con- 
structed by  said  company  or  companies,  as  is  mentioned  in  this  ordi- 
nance, except  that  such  company  or  companies  shall  not  be  required 
to  pave  any  part  of  the  subways  to  be  occupied  by,  or  adjacent  to  street 
railway  tracks,  which  by  reason  of  existing  laws  or  ordinances  it  will 
be  the  duty  of  any  street  railway  company  or  other  corporation  itself 
to  pave. 

If  22.  Grade  of  street  changed,  how— expense.]  Paragraph  4. 
Any  street  railway  company  occupying  any  of  the  streets  in  the  city 
of  Chicago  crossed  by  said  elevated  railway  of  either  of  said  com- 
panies, shall,  when  and  as  the  grade  of  such  street  shall  be  changed, 
as  in  this  ordinance  provided,  at  its  own  expense,  without  claim  for 
damages,  conform  the  grade  of  its  track  or  tracks  to  the  said  change 
of  grade  of  said  streets,  and  nothing  in  this  ordinance  shall  operate 
or  be  held  to  relieve  such  street  railway  companies  from  any  liability 
now  existing,  however  created,  to  pave  or  bear  the  expense  of  paving 
such  streets  between  or  on  either  side  of  the  rails  of  its  said  tracks, 
in  the  manner  and  form  as  now  required. 

If  23.  Elevated  tracks— subways— street  contiguous.]  Para- 
graph 5.  Whenever  the  elevated  tracks  and  roadbed,  constructed  un- 
der and  in  accordance  with  the  provisions  of  this  ordinance,  shall  pass 
over  any  street,  alley,  avenue  or  public  way,  at  which,  according  to 
the  terms  of  this  ordinance,  a subway  is  required  to  be  constructed  by 
said  railway  company  or  companies,  which  street,  alley,  avenue  or  pub- 
lic way  shall  not  already  be  paved  or  provided  with  sidewalks  at  the 
time  of  such  construction,  and  for  which  pavement  or  sidewalks  no 
ordinance  shall  have  been  passed  by  the  city  council  of  the  city  of 
Chicago,  then  and  in  that  case  the  paving  of  such  subway  shall  be 
delayed  until  the  improvement  of  the  portions  of  the  street  contiguous 
shall  be  ordered  by  the  city  council  and  the  contract  therefor  shall  be 
let.  Thereupon,  on  notice  from  the  commissioner  of  public  works, 
said  company  or  companies  shall  proceed  at  once  with  the  work  of 
paving,  or  with  the  construction  of  sidewalks,  in  accordance  with  the 
provisions  of  section  8,  and  paragraphs  1 to  4,  inclusive,  of  this  ordi- 
nance. Should  any  company,  after  such  notice,  fail  or  neglect  so  to 
proceed  with  its  work,  the  commissioner  of  public  works  of  the  city 
of  Chicago  shall  have  and  is  hereby  given  the  right,  power  and  author- 


2088 


§ 922]  'C. , M.  ST.  P.  r’y  CO.  AND  C.  & N.-W.  R'y  CO. 

ity  to  take  chargee  of  and  cause  such  work  to  be  done,  and  the  ex- 
pense thereof  shall  thereupon  be  paid  by  such  delinquent  company. 

1 24.  Damages  to  adjacent  property— city  to  pay.]  Para- 
graph 6.  Nothing  in  this  ordinance  contained  shall  be  so  construed 
as  to  require  the  said  railway  companies,  or  either  of  them,  to  assume, 
or  pay,  any  incidental  or  consequential  damages  to  adjacent  prop- 
erty or  business  caused  by  the  passage  and  enforcement  of  this  ordi- 
nance, or  by  the  excavation,  depression  or  change  of  grade  made  in 
any  of  the  public  avenues,  streets  or  alleys,  or  to  defend  any  suit  or 
suits  which  may  be  brought  against  any  party  or  parties  for  the  recov- 
ery of  any  such  damages,  but  it  is  understood,  and  the  city  of  Chicago 
hereby  agrees,  that  all  such  damages,  if  there  are  any,  shall  be  ad- 
justed and  paid  by  the  city  of  Chicago,  and  said  city  will  assume  the 
defense  of  any  and  all  suits  brought  for  the  recovery  of  the  same, 
intervening  therein  if  necessary,  for  such  purpose,  and  will  wholly 
relieve  said  railway  companies  from  defending  the  same,  and  will 
assume  and  pay  all  judgments  recovered  therein.  The  above  stipula- 
tions in  this  paragraph  are,  however,  upon  the  condition  precedent 
that,  in  case  any  suit  be  brought  against  any  of  the  said  companies, 
said  company  will,  before  the  last  day  to  plead  therein,  give  notice  in 
writing  of  such  suit  and  of  such  service  to  the  mayor  and  the  corpo- 
ration counsel  of  said  city  for  the  purpose  of  enabling  such  defense  to 
be  made  by  the  city. 

f 25.  Work,  how  done— approval  of  commissioner  of  public 
works.  ] § 9.  All  the  work  hereinbefore  in  this  ordinance  required 

to  be  done  by  said  company  or  companies,  upon  or  in  connection  with  ‘ 
the  public  avenues  and  streets  of  the  city  shall  be  done  and  performed 
under  the  superintendence  and  subject  to  the  inspection  and  approval 
of  the  commissioner  of  public  works  of  said  city.  At  least  ten  (io> 
days  prior  to  the  commencement  of  any  part  of  such  work  the  plans 
and  specifications  therefor  shall  be  submitted  to  said  commissioner 
of  public  works  for  his  examination,  and  if  found  to  be  in  accordance 
with  the  provisions  of  this  ordinance  in  so  far  as  this  ordinance  con- 
tain specific  provisions,  and  in  the  absence  of  such  specific  provis- 
ions, if  thev  shall  be  satisfactory  to  the  commissioner  of  public  works 
in  regard  to  matters  and  details  which  by  this  ordinance  are  left  to  his 
discretion  and  judgment,  such  plans  shall  be  approved  by  him  and 
after  such  approval  all  of  the  work  outlined  .and  included  therein  shall 
be  constructed  in  strict  conformity  therewith. 

26.  Permission  and  authority  — temporary  structures  1 

§ 10.  Permission  and  authority  are  hereby  given  to  said  companies, 
whenever  the  same  shall  be  necessary  in  the  prosecution  of  the  work 
which  they  are  herein  authorized  or  required  to  perform,  to  obstruct, 
temporarily,  any  public  street,  avenue  or  alley  to  such  an  extent  and 
for  such  length  of  time  as  may  be  approved  by  the  commissioner  of 
public  works,  and  they  are  also  hereby  authorized,  whenever  the 


2084 


RAILROADS TRACK  ELEVATION. 


22 


same  shall  become  necessary,  to  erect  and  maintain  temporary  struc- 
tures and  false  work  in  any  of  said  streets  and  avenues  during  the 
construction  of  their  said  elevated  railway  tracks,  subject  to  the  like 
approval  of  said  commissioner  of  public  works. 

% 27.  When  tracks  elevated-speed  of  trains-length  of  trains.] 
§ ii.  When  the  said  railroads,  in  section  i of  this  ordinance  men- 
tioned, shall  have  elevated  their  respective  tracks  in  accordance  with 
this  ordinance,  so  that  the  same  shall  be  ready  for  use,  then  and  there- 
upon all  provisions  of  the  ordinances  of  the  city  of  Chicago  relating 
to  the  speed  of  railway  trains,  the  length  of  trains,  the  number  of  cars 
to  constitute  a train,  and  the  maintenance  of  gates,  flagmen,  watch- 
men, signals  and  signal  towers,  shall  cease  to  be  applicable  to  said 
railroad ; provided,  however,  that  this  ordinance  is  not  to  be  construed 
as  a waiver  or  surrender  by  the  city  of  Chicago  of  any  of  its  police 
powers  or  of  the  right  at  any  time  hereafter  to  pass  necessary  and 
reasonable  police  ordinances  in  relation  to  the  matters  last  above 
enumerated.  After  such  elevation  it  shall  be  unlawful  for  any  person 
or  persons,  save  employes  of  said  companies,  or  either  of  them,  in 
the  discharge  of  their  duties,  to  enter  or  be  upon  or  to  walk  along  or 
across  the  said  elevated  structure  or  roadway  at  any  place.  If  any 
person  shrill  wilfully  trespass  upon  said  elevated  roadway,  such  per- 
son and  all  others  aiding,  abetting  or  assisting  therein  shall  be  liable 
to  a fine  of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars  for  each  and  every  offense. 

T 28.  Approval  of  plans  and  specifications  of  proposed  work.] 
§ 12.  Said  railway  company  or  companies  mentioned  in  this  ordi- 
nance shall,  at  least  ten  (io)  days  prior  to  the  commencement  of  any 
part  or  parts  of  said  work,  submit  to  the  commissioner  of  public 
works  for  his  approval,  complete  plans  and  specifications  of  said  part 
or  parts  of  said  proposed  work,  for  the  purpose  of  ascertaining 
whether  the  same  are  in  strict  compliance  with  the  provisions  of  this 
ordinance;  and  after  approval  of  all  such  plans  and  specifications  by 
the  commissioner  of  public  works,  all  of  said  work  shall  be  constructed 
in  strict  accordance  therewith,  and  to  the  entire  satisfaction  of  said 
commissioner  of  public  works,  and  not  otherwise,  except  as  herein 
otherwise  provided. 

II  29.  Elevation  of  tracks — when  to  begin,  delay  of  work — 
city’s  position.  ] § 13.  The  railway  companies  mentioned  in  sec- 

tion 1 of  this  ordinance,  and  which  are  required  to  elevate  their  tracks, 
shall  commence  the  work  of  such  elevation  on  or  before  the  first  day 
of  May,  1898;  provided,  this  ordinance  shall  have  been  accepted  by 
the  said  railway  companies  hereby  required  to  elevate  their  tracks,  and 
after  such  work  has  been  commenced  the  same  shall  be  prosecuted 
continuously  and  with  all  practicable  diligence,  and  shall  be  fully 
and  finally  completed  within  two  years  from  said  May  1,  1898,  unless 
prevented  by  strikes  or  riots  or  restrained  by  injunction  or  other 


§ 922] 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.-W.  R’Y  CO. 


2085 


order  or  process  of  a court  of  competent  jurisdiction;  the  time  during 
which  said  railway  companies  shall  be  so  prevented,  as  aforesaid,  shall 
be  added  to  the  time  hereby  limited  for  the  completion  of  said  workj 
provided,  said  railway  companies  give  notice  to  the  corporation  coun- 
sel of  the  city  of  Chicago  of  the  institution  of  said  legal  proceedings. 
The  city  of  Chicago  shall  thereupon  have  the  right  to  intervene  in 
any  suit  or  proceeding  brought  by  any  person  or  persons  seeking  to 
enjoin  or  restrain,  or  in  any  manner  interfere  with  the  prosecution 
of  said  work,  and  move  for  a dissolution  of  such  injunction  and  re- 
straining order,  and  for  any  other  proper  order  in  such  suit. 

And  it  is  further  distinctly  understood  and  agreed  that  if  said  rail- 
way companies  or  either  of  them  shall  be  delayed  in  the  prosecution 
of  the  said  work  required  to  be  done  under  the  provisions  of  this  ordi- 
nance, by  reason  of  the  obstruction  of  pipes,  conduits,  wires  or  other 
property  of  private  corporations  or  individuals,  as  mentioned  in  sec- 
tion 5 of  this  ordinance,  or  by  reason  of  any  delay  on  the  part  of  the 
city  of  Chicago,  or  of  any  of  its  officers  in  performing  the  duties  im- 
posed upon  the  city  and  its  officers  by  this  ordinance  in  respect  to  the 
work  herein  required  to  be  done  by  said  railwav  companies  respective- 
ly, then  and  in  that  case  the  time  which  said  railway  companies  or 
either  of  them’  shall  be  so  delayed,  shall  be  added  to  the  two  years 
from  May  1st,  1898,  during  which  said  companies  are  required  by  the 
terms  of  this  ordinance  to  complete  said  work. 

1 30.  Time  for  completion  of  work — authority  of  commis- 
sioner of  public  works.]  § 14.  Each  of  the  companies  required 
by  this  ordinance  to  elevate  its  tracks  shall  do  its  portion  of 
the  work  in  accordance  with  the  terms  hereof,  in  apt  and 
proper  time,  so  as  not  to  interfere  with  the  proper  and  orderly 
prosecution  of  such  work  as  a whole.  Should  either  of  the 
companies  mentioned  in  section  1 of  this  ordinance  fail  or  neglect  so 
to  prosecute  its  work,  the  commissioner  of  public  works 
of  the  city  of  Chicago  shall  have  and  is  hereby  given  the 
right,  power  and  authority  to  give  ten  days’  notice  in  writing  to  said 
delinquent  company  to  prosecute  its  work.  If  such  company  shall 
fail  or  neglect  to  comply  with  said  notice,  the  commissioner  of  public 
works  may  take  charge  of  and  cause  such  work  to  be  done,  and  the 
expense  thereof  shall  thereupon  be  paid  by  such  delinquent  company. 

1 31.  Time  of  railway  company  in  which  to  dedicate  ground 
for  public  streets.]  § 15.  The  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall,  within  six  months  after  the  passage  of  this 
ordinance,  procure  and  dedicate  for  purposes  of  public  streets,  strips 
or  pieces  of  ground  located  along  and  parallel  with  the  right  of  way 
line  of  said  railway  company,  described  as  follows,  namely: 

A triangular  piece  of  ground  off  of  the  southwest  corner  of  lot 
seventy-one  (71),  in  McElroy’s  subdivision  of  the  west  half 
of  the  southwest  quarter  (S.  W.  %)  of  section  one  (1),  township  thirty- 


2086 


RAILROADS TRACK  ELEVATION. 


[§  922 


nine  (39),  north,  range  13,  east  of  the  third  principal  meridian;  said 
piece  to  be  of  sufficient  width  so  as  to  provide  for  a thirty-three  (33) 
foot  street  immediately  northeast  of  the  right  of  way  line  of  the  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company,  and  extending  from 
the  center  line  of  Albany  avenue  in  a southeasterly  direction  to  the 
north  line  of  West  Chicago  avenue. 

A triangular  piece  of  ground  off  of  the  southwest  portion  of  lots 
forty-eight  (48)  and  forty-nine  (49),  in  S.  E.  Gross’  fourth  (4th)  addi- 
tion to  Chicago,  in  lot  seven  (7)  in  Superior  Court  partition  of  the  east 
half  (E.  y2)  of  the  southeast  quarter  (S.  E.  }4)  of  section  two  (2), 
township  thirty-nine  {39)  north,  range  13,  east  of  the  third  principal 
meridian;  said  piece  to  be  of  sufficient  width  so  as  to  provide  tor  a 
forty  (40)  foot  street  adjoining  and  immediately  northeast  of  the  east 
right  of  way  line  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway 
Company,  said  piece  of  land  bounded  as  follows:  Beginning  at  the 

southwest  corner  of  lot  forty-nine  (49),  thence  northerly  thirty  (30) 
feet  along  the  east  line  of  Homan  avenue  to  a point;  thence  south- 
easterly to  the  southeast  corner  of  lot  forty-eight  (48);  thence  north- 
westerly along  the  north  line  of  Grand  avenue  to  the  place  of  begin- 
ning. 

A strip  of  ground  sixty-six  (66)  feet  wide  adjoining  and  immediate- 
ly southwest  of  the  west  right  of  way  line  of  the  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  and  extending  from  the  center  of 
Homan  avenue  northwesterly  to  the  south  line  of  Grand  avenue,  all 
in  lot  one  (1)  of  the  east  half  (E.  y2)  of  section  two  (2),  township  thirty- 
nine  (39)  north,  range  thirteen  (13),  east  of  the  third  principal  meridian. 

A triangular  piece  of  land  off  of  the  southwest  corner  of  block  nine 
(9),  embracing  so  much  and  such  parts  of  lots  twenty-five  (25),  twenty- 
six  (26),  twenty-seven  (27),  twenty-eight  (28),  twenty-nine  (29)  and 
thirty  (30)  as  shall  be  necessary  to  provide  for  a sixty-six  foot  street 
parallel  to  the  east  right  of  way  line  of  said  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company,  and  extending  from  the  east  line  of  Tink- 
ham  street  southeasterly  to  the  north  line  of  Hirsch  street,  all  in 
Beebe’s  subdivision  of  the  east  half  (E.  y2)  of  the  northwest  quarter 
(N.  W.  y)  of  section  two  (2),  township  thirty-nine  (39)  north,  range 
thirteen  (13),  east  of  the  third  principal  meridian,  except  five  acres  in 
the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
eleven  (11),  embracing  so  much  and  such  parts  of  lots  one  (1),  two 
(2),  three  (3),  four  (4)  and  five  .(5)  as  shall  be  necessary  to  provide  for 
a sixty-six  (66)  foot  street  parallel  to  the  west  line  of  the  right  of  way 
of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and  ex- 
tending from  the  south  line  of  Hirsch  street  southeasterly  to  the  west 
iine  of  Tinkham  street,  all  in  Beebe’s  subdivision  of  the  east  half  (E.  J4) 
of  the  northwest  quarter  (N.  W.  *4)  of  section  two  (2),  township  thirty- 


§ 922] 


C.,  M.  & ST.  P.  r’y  CO.  AND  C.  & N.-W.  r’y  CO. 


2087 


nine  (39)  north,  range  thirteen  (13),  east  of  the  third  principal  meri- 
dian, except  five  acres  in  the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  southwest  corner  of  block 
three  (3),  and  embracing  so  much  and  such  parts  of  lots  thirteen  (13), 
fourteen  (14),  fifteen  (15),  sixteen  (16),  seventeen  (17),  eighteen  (18) 
and  nineteen  (19)  as  shall  be  necessary  to  provide  for  a sixty-six  (66) 
foot  street  parallel  to  the  east  right  of  way  line  of  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company,  and  extending  from  the  east 
line  of  Lawndale  avenue  southeasterly  to  the  north  line  of  Le  Moyne 
street,  all  in  Beebe’s  subdivision  of  the  east  half  (E.  y2)  of  the  north- 
west quarter  (N.  W.  Y\)  of  section  two  (2),  township  thirty-nine  (39) 
north,  range  thirteen  (13),  east  of  the  third  principal  meridian,  except 
five  acres  in  the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  northeast  corner  block 
seven  (7),  and  embracing  so  much  and  such  parts  of  lots  one  (1),  two 
(2),  three  (3),  four  (4)  and  five  (5)  as  shall  be  necessary  to  provide 
for  a sixty-six  (66)  foot  street  parallel  to  the  west  right  of  way  line 
of  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and  ex- 
tending from  the  south  line  of  Le  Moyne  street  southeasterly  to  the 
west  line  of  Lawndale  avenue,  all  in  Beebe’s  subdivision  of  the  east 
half  (E.  l/2)  of  the  northwest  quarter  (N.  W.  of  section  two  (2), 
township  thirty-nine  (39)  north,  range  thirteen  (13),  except  five  acres 
in  the  northeast  corner  thereof. 

A triangular  piece  of  ground  off  of  the  northeast  corner  of  lot  ten 
(10),  block  two  (2),  as  shall  be  necessary  to  provide  for  a sixty-six 
(66)  foot  street,  parallel  to  the  west  right  of  way  line  of  said  Chicago, 
Milwaukee  and  St.  Paul  Railway  Company,  and  extending 
from  the  south  line  of  Armitage  avenue  southwesterly  to  the  west  line 
of  Springfield  avenue,  all  in  Robert  F.  Summers’  subdivision  of  the 
west  half  (W.  y2)  of  the  northwest  quarter  (N.  W.  r4)  of  the  southwest 
quarter  (S.  W.  J4)  of  section  thirty-five  (35),  township  forty  (40)  north, 
range  thirteen  (13). 

A triangular  piece  of  land  off  of  the  southwest  corner  of  block 
seven  (7),  embracing  so  much  and  such  parts  of  lots  twenty-four  (24), 
twenty-five  (25),  twenty-six  (26),  twenty-seven  (27),  twenty-eight  (28), 
twenty-nine  (29),  thirty  (30),  thirty-one  (31),  thirty-two  (32),  thirty- 
three  (33)  and  thirty-four  (34)  as  shall  be  necessary  to  provide  tor  a 
sixty-six  (66)  foot  street  parallel  to'  the  east  right  of  way  line  of  said 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  and  extending 
from  the  east  line  of  Springfield  avenue  southeasterly  to  the  north 
line  of  Armitage  avenue,  all  in  Grant  & Keeney’s  addition  to  Pen- 

nxr  rJ^einF  ,a  subdivision  of  the  east  half  (E.  y>)  of  the  west  half 
(W  /2)  of  the  northwest  quarter  (N.  W.  %)  of  section  thirty-five 
(35)>  township  forty  (40)  north,  range  thirteen  (13). 

^ triangular  piece  of  ground  off  of  the  northeast  corner  of  block 
ntty-one  (51),  embracing  so  much  and  such  parts  of  lots  one  (1),  two 


2088 


RAILROADS TRACK  ELEVATION. 


[§  92* 


(2),  three  (3)  four  (4),  five  (5),  six  (6),  seven  (7),  eight  (8),  nine  (9)  and 
ten  (10)  as  shall  be  necessary  to  provide  for  a sixty-six  (66)  foot  street 
parallel  to  the  west  right  of  way  line  of  said  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company,  including  the  twenty  (20)  foot  strip  now 
dedicated  for  a public  street,  and  extending  from  the  south  line  of 
Belden  avenue  southeasterly  to  the  west  line  of  North  Fortieth  ave- 
nue, all  in  Keeney’s  addition  to  Pennock,  of  the  east  half  (E.  %)  o f 
the  northeast  quarter  (N.  E.  %)  of  section  thirty-four  (34),  township 
forty  (40)  north,  range  thirteen  (13). 

A triangular  piece  of  land  sufficient  to  provide  for  a sixty-six  (66) 
foot  street  parallel  to  the  east  right  of  way  line  of  said  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company,  and  extending  from  the  east 
line  of  North  Fortieth  avenue  southeasterly  to  the  north  line  of  Bel- 
den  avenue  extended,  all  in  the  north  half  (N.  p 2)  of  the  west  half 
(W.  y2)  of  the  northwest  quarter  (N.  W.  of  section  thirty-five  (35), 
township  forty  (40)  north,  range  thirteen  (13). 

In  case  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company 
shall  be  unable  to  purchase  said  property,  or  any  part  thereof  described 
in  this  section,  at  a price  deemed  by  said  railway  company  to  be 
reasonable,  then  the  same  shall  be  condemned  by  the  city  of  Chicago 
for  street  purposes,  and  the  compensation  and  damages  awarded  in 
such  proceedings,  including  court  costs  and  all  other  expenses  ot  liti- 
gation that  may  be  incurred  in  such  condemnation  proceedings,  shall 
be  paid  by  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company, 
and  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  shall 
have  the  right  to  take  part  in  said  condemnation  proceedings  in  be- 
half of  the  city  by  counsel  specially  employed  by  it,  and  shall  have 
the  right  to  have  all  witnesses  that  it  may  name  called  to  testify  in 
said  condemnation  proceedings. 

1 32.  Right  of  city  to  cross  railway  property— sub  ways  only  — 
city  to  pay  expense  of  same.  ] § 16.  In  consideration  of  the  ac- 

ceptance of  this  ordinance  by  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company,  it  is  hereby  agreed  that  if  the  city  of  Chicago 
shall  at  any  time  hereafter  open  and  extend  any  street  or  streets, 
avenue,  alley  or  public  way,  across  the  right  of  way  and  lands  of  said 
company,  such  crossing  shall  be  made  by  subway  only  and  no  claim 
for  compensation  on  account  of  land  taken  for  right  of  way  of  such 
street  or  streets,  avenue  or  alley  or  public  way,  will  be  made  by  said 
railway  company,  and  such  waiver  of  compensation  shall  attach  to 
and  run  with  such  land  in  the  hands  of  any  grantee  or  grantees  of 
such  railway  company,  but  the  sole  cost  and  expense  of  the  con- 
struction of  such  subway  or  subways  and  of  such  bridge  or  bridges 
as  may  be  necessary  to  carry  all  the  tracks  on  said  company’s  lands 
and  right  of  way,  and  over  such  highways  shall  be  borne  and  paid  by 
the  city  of  Chicago  without  expense  to  said  railway  company  men- 
tioned in  this  ordinance,  and  in  no  case  shall  any  such  bridge  or 


2089 


|g  922]  C. , M.  & ST.  P.  R’Y  CO.  AND  C.  & N. -W.  R’Y  CO. 

bridges  or  such  subway  or  subways  so  to  be  built  be  inferior  in  any 
respect  to  the  bridges  and  subways  to  be  built  by  the  railway  com- 
pany across  the  streets  provided  for  in  this  ordinance.  Such  bridges 
shall  conform  to  the  general  plan  of  the  bridges  provided  for  in  this 
ordinance,  except  as  to  such  changes  in  the  details  thereof  as  may 
be  agreed  upon  by  the  city  engineer  of  the  city  of  Chicago  and  tne 
chief  engineer  of  said  railway  company;  but  in  all  other  respects 
such  crossing  shall  be  constructed  in  accordance  with  the  provisions 
thereof  in  respect  to  the  streets  named  in  this  ordinance.  The  work 
of  such  construction  shall  be  done  by  the  railway  company,  and  the 
amount  to  be  paid  by  the  city  for  such  work  and  construction  shall 
not  exceed  the  actual  and  reasonable  cost  thereof.  Said  bridges  re- 
spectively, shall  support  all  the  tracks  of  said  company  then  existing 
and  in  use  across  the  lines  of  the  proposed  street  or  streets  at  the  time 
of  the  construction  of  such  subway  across  such  right  of  way  of  said 
company;  but  said  railway  company  shall  not  be  required  to  do  any 
work  toward  the  construction  of  any  such  subway  or  subways  until 
the  cost  thereof,  as  may  be  estimated  by  the  city  engineer  and  chief  en- 
gineer of  said  railway  company,  shall  have  been  first  paid  over  to  said 
railway  company,  or  deposited  in  some  responsible  bank  for  its  benefit, 
and  to  be  paid  over  to  il  at  once  upon  the  completion  of  said  work. 

T 33.  When  in  force.]  § 17.  This  ordinance  shall  take 
effect  from  and  after  its  passage,  approval  and  publication;  pro- 
vided, however,  this  ordinance  shall  be  null  and  void  unless 
said  Chicago  and  Northwestern  Railway  Company,  and  the  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company  shall, 
through  their  authorized  officers,  file  with  the  mayor  of  the  city  of 
Chicago,  within  thirty  days  from  the  passage  and  approval 
by  the  mayor,  of  this  ordinance,  agreement  or  agreements  duly  exe- 
cuted, whereby  said  railway  companies  shall  undertake  to  do  and  per- 
form all  the  matters  and  things  required  of  them  respectively  by  this 
ordinance.  After  the  filing  of  said  agreement  or  agreements  by  said 
companies,  and  not  before,  this  ordinance  shall  not  be  materially  mod- 
ified'or  amended  without  the  consent  of  either  company  effected  by 
any  proposed  modification,  unless  said  company  or  companies  shall  be 
in  default  in  the  performance  of  the  several  matters  and  things  re- 
quired by  this  ordinance  and  undertaken  to  be  done  by  such  agree- 
ment. 


132 


2090  RAILROADS TRACK  ELEVATION.  [§  92£ 

§ 923.  Chicago  and  Northwestern  Railway  Company  and  Chi- 
cago, Milwaukee  and  St.  Paul  Railway  Company 

If  1.  Plane  of  roadbeds  and  tracks  changed, 
i 2.  Elevation  when  to  begin  and  end— height. 

Tf  3.  Extension  of  elevation— height. 

If  4.  Extent  of  elevated  roadbed  and  tracks— height. 

If  5.  Location  of  tracks  changed  how— mutual  agreement. 

•ff  6.  Authority  to  elevate  tracks. 

If  7.  Elevation— top  rail, 
f 8.  Embankment — material  from  subways. 

If  9.  Authority  to  elevate  roadbeds  and  tracks, 
i 10.  Elevate  tracks— subways— materials— storm  water— bridges 
i 11.  Subways  constructed  where. 
i 12.  Subways— size. 

If  13.  Subways— grade  crossing  constructed  by  whom, 
f 14.  Subways  must  comply  with  schedule— depression  of  streets. 
If  15.  Grade  of  streets— approaches  to  subways. 

If  16.  Retaining  walls— where  constructed  and  how. 

If  17.  Excavation— subways  to  be  restored. 

TT  18.  Grades  of  streets— subways— changes  how  made— former  or- 
dinances repealed. 

f[  19.  Drainage  of  subways— receiving  basins— sewers, 
if  20.  Subways  to  conform  to  structural  requirements. 

If  21.  Streets  to  be  restored— expense, 
if  22.  Roadway  to  be  paved  by  Railway  Company, 
if  23.  Change  of  grade  of  street— damages, 
if  24.  Damages  to  adjacent  property— change  of  grade, 
if  25.  Work  subject  to  approval  of  Commissioner  of  Public  Works, 
if  26.  Authority  to  obstruct — temporary  structures, 
if  27.  Elevated  or  depressed  tracks  when  completed— speed  of 
trains— length  of  same. 

If  28.  Plans  and  specifications  of  proposed  work  to  be  approved 
by  Commissioner  of  Public  Works. 

If  29.  Works  to  begin  when— time  for  completion  of  work, 
if  30.  Time  in  which  to  elevate  tracks— power  of  Commissioner  of 
Public  Works  to  do  work. 

If  31.  Ordinance  to  take  effect  when. 

An  ordinance  requiring  the  Chicago  & Northwestern  Railway  Company  and 
the  Chicago,  Milwaukee  & St.  Paul  Railway  Company,  respectively,  to 
change  the  plane  of  certain  of  their  roadbeds  and  railway  tracks  within 
the  city  of  Chicago.  (Passed  December  2,  1897;  amended  December  6, 
1897;  amended  December  29,  1897;  accepted  January  10,  1898.) 

1 1.  Plane  of  roadbeds  and  tracks  changed.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  § 1.  That  the 

Northwestern  Railway  Company  where  said  tracks  are  intersected  and 
May  street,  Elston  avenue,  North  Centre  avenue,  Augusta  street, 
within  certain  limits  of  the  city  of  Chicago  in  manner  and  upon  the 
conditions  hereinafter  specified,  that  is  to  say: 

U 2.  Elevation — where  to  begin  and  end  — height.  ] Para- 
graph 1.  Beginning  at  the  most  desirable  point  on  the  existing 
tracks  of  the  Chicago  and  Northwestern  Railway  Company,  about  on 
the  south  line  of  West  Chicago  avenue,  which  point  is  underneath 
the  Chicago  avenue  and  North  Halsted  street  viaduct.  From  said 


2091 


§ 923]  C.  & N.-W.  r’y  CO.  AND  C. , M.  & ST.  P.  R’y  CO. 

initial  point  said  roadbed  and  tracks  shall  rise  on  a gradient  of  about 
0.5  per  centum  for  a distance  of  about  2,300  feet  to  a point  about 
on  the  east  line  of  May  street,  where  an  elevation  of  not  less  than  20.8 
feet  above  city  datum  shall  be  attained;  thence  said  elevated  roadbed 
and  tracks  shall  continue  in  a northerly  and  westerly  direction  on  a 
a slightly  ascending  gradient  for  a distance  of  about  5,340  fee,t  to  a Point 
about  on  the  south  line  of  North  avenue,  where  an  elevation  of  not 
less  than  21.0  feet  above  city  datum  shall  be  attained;  thence  said  ele- 
vated roadbed  and  tracks  shall  continue  in  a northerly  and  westerly 
direction  on  a descending  gradient  of  about  .05  per  centum  for  a dis- 
tance of  about  1,500  feet  to  a point  about  10  feet  south  of  the  south 
rail  of  the  most  southerly  track  of  the  Chicago,  Milwaukee  and  St. 
Paul  Railway,  where  an  elevation  of  not  less  than  20.2  feet  above  city 
datum  shall  be  attained;  thence  said  elevated  roadbed  and  tracks  shall 
continue  in  a northerly  and  westerly  direction  on  a substantially  level 
gradient  to  a point  about  10  feet  north  of  the  north  rail  of  the  most 
northerly  track  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway 
Company;  and  crossing  in  said  last  mentioned  course  at  grade  the 
proposed  elevated  roadbed  and  tracks  of  the  Chicago,  Milwaukee  and 
St.  Paul  Railway,  as  hereinafter  described  in  section  1,  paragraph  3; 
thence  said  elevated  roadbed  and  tracks  of  the  said  Chicago  and 
Northwestern  Railway  shall  continue  in  a northerly  direction  and 
on  an  ascending  gradient  of  about  .08  per  centum  for  a distance  of 
about  660  feet  to  a point  about  on  the  south  line  of  Clybourne  place,, 
where  an  elevation  of  not  less  than  20.7  feet  above  city  datum  shall 
be  attained;  thence  said  elevated  roadbed  and  tracks  shall  continue 
in  a northerly  and  westerly  direction  and  on  a level  gradient  for  a dis- 
tance of  about  1,260  feet  to  a point  about  on  the  north  line  of  Elston 
avenue,  where  an  elevation  of  not  less  than  20.7  feet  above  city  datum 
shall  be  attained;  thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a northerly  direction  and  on  an  ascending  gradient  of  about 
.18  per  centum  for  a distance  of  about  1,100  feet  to  a point  about  on 
the  south  line  of  the  North  branch  of  the  Chicago  river,  where  an 
elevation  of  not  less  than  22.7  feet  above  city  datum  shall  'be  at- 
tained; thence  said  elevated  roadbed  and  tracks  shall  continue  in  a 
northerly  direction  on  a level  gradient  for  a distance  of  about  500  feet 
to  a point  about  10  feet  north  of  the  north  rail  of  the  most  north- 
erly track  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway,  where 
an  elevation  of  not  less  than  22.7  feet  above  city  datum  shall  be  at- 
tained, and  said  last  mentioned  course  to  cross  above  and  over  the 
proposed  depressed  tracks  of  the  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company;  thence  said  elevated  roadbed  and  tracks  shall 
continue  in  a northerly  direction  and  on  a descending  gradient  of 
about  .32  per  centum  for  a distance  of  about  630  feet  to  a point  about 
on  the  south  line  of  Fullerton  avenue,  where  an  elevation  of  not  less 
than  20.7  feet  above  city  datum  shall  be  attained;  thence  said  elevated. 


2092 


RAILROADS TRACK  ELEVATION. 


[§  923 


roadbed  and  tracks  shall  continue  in  a northerly  direction  and  on  a 
level  gradient  for  a distance  of  about  2,700  feet  to  a connection  with 
the  present  elevated  roadbed  and  tracks  at  the  south  line  of  Diversey 
avenue,  in  accordance  with  the  provisions  of  the  ordinance  passed 
March  30,  1896,  for  the  elevation  of  the  roadbed  and  tracks  of  the 
Milwaukee  division  of  the  Chicago  and  Northwestern  Railway  Com- 
pany. 

% 3.  Extension  of  elevation— height.]  Paragraph  2.  From 
a point  about  on  the  center  line  of  Clybourn  place  and  on  the  pro- 
posed elevated  roadbed  and  tracks  of  the  said  Chicago  and  North- 
western Railway  Company,  the  roadbed  and  tracks  of  the  Wisconsin 
division  shall  be  elevated  and  diverge  to  the  northwest  from  said  ele- 
vated roadbed  and  tracks,  and  said  elevated  roadbed  and  tracks  ot  the 
Wisconsin  division  of  said  railway  company  shall  continue  in  a west- 
erly and  northerly  direction  and  on  an  ascending  gradient  of  about 
.05  per  centum  for  a distance  of  about  1,960  feet  to  a point  about  on 
the  east  line  of  Wood  street,  where  an  devation  of  not  less  than  21.4 
feet  above  city  datum  shall  be  attained,  there  to  connect  with  the  road- 
bed and  tracks  to  be  elevated,  in  compliance  with  the  ordinance  passed 
by  the  city  council  March  30,  1896,  and  accepted  by  the  legal  officers 
of  said  Chicago  and  Northwestern  Railway  Company,  for  the  eleva- 
tion of  the  roadbed  and  tracks  of  the  Wisconsin  division  of  the  Chi- 
cago and  Northwestern  Railway  Company. 

% 4.  Extent  of  elevated  roadbed  and  tracks— height.]  Para- 
graph 3.  From  the  most  desirable  point  east  of  Elston  avenue  on 
the  existing  tracks  of  the  Council  Bluffs  division  of  the  Chicago,  Mil- 
waukee and  St.  Paul  Railway  Company,  the  tracks  of  said  railway 
company  shall  rise  on  the  most  suitable  gradient  convenient  and  prac- 
ticable to  said  railway  company  to  a point  about  on  the  east  line  of 
Elston  avenue,  where  an  elevation  of  not  less  than  18.5  feet  above  city 
datum  shall  be  attained;  thence  said  elevated  roadbed  and  tracks  shall 
continue  in  a westerly  direction  on  an  ascending  gradient  of  about 
0.5  per  centum  for  a distance  of  about  340  feet  to  the  easterly  boun- 
dary line  of  the  right  of  way  of  the  Chicago  and  Northwestern  Rail- 
way; thence  said  elevated  roadbed  and  tracks  shall  continue  in  a west- 
erly direction  on  a level  grade  to  the  westerly  boundary  line  of  the 
right  of  way  of  the  Chicago  and  Northwestern  Railway,  and  crossing 
in  said  last  mentioned  course  at  grade  the  proposed  elevated  roadbed 
and  tracks  of  said  Chicago  and  Northwestern  Railway  Company,  as 
^hereinbefore  mentioned  in  section  1,  paragraph  1;  thence  said  elevated 
roadbed  and  tracks  shall  continue  in  a westerlv  direction  on  an  ascend- 
ing gradient  of  about  .13  per  centum  for  a distance  of  about  370  feet 
to  a point  about  on  the  west  line  of  Ashland  avenue,  where  an  eleva- 
tion of  not  less  than  20.7  feet  above  city  datum  shall  be  attained, 
thence  said  elevated  roadbed  and  tracks  shall  continue  in  a westerly 
direction  and  shall  descend  on  the  most  suitable  gradient  convenient 


§ 923] 


C.  & N.-W.  k’y  CO.  AND  C.,  M.  & ST.  P.  r’y  CO. 


2093 


and  practicable  to  said  railway  company  to  a connection  with  their 
present  roadbed  and  tracks  west  of  Ashland  avenue.  The  railroad  of 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  where  it 
crosses  the  right  of  way  of  the  Chicago  and  Northwestern  Railway 
Company,  about  250  feet  north  of  the  north  branch  of  the  Chicago 
river,  shall  be  depressed  to  the  level  of  5.2  feet  above  city  datum, 
measured  from  the  top  of  the  rail,  and  shall  cross  on  that  level  said 
right  of  way  of  the  Chicago  and  Northwestern  Railway  Company. 

1 5.  Location  of  tracks,  changed  how — mutual  agreement.] 
Paragraph  4.  Nothing  in  this  ordinance  shall  present  the  various 
companies  owning  their  tracks  mentioned  herein  from  changing  the 
location  of  said  tracks  by  the  mutual  agreement  of  those  interested, 
as  they  may  deem  necessary,  provided  that  no  change  of  location  shall 
be  made  that  will  prevent  the  separation  of  the  grades  of  said  tracks 
as  contemplated  in  this  ordinance. 

The  railway  companies  named  in  this  ordinance  are  hereby  author- 
ized to  make  such  changes  in  the  position  and  alignment  of  their 
respective  main  and  side  tracks  and  switch  connections  as  may  be 
desirable  in  order  to  carry  out  the  provisions  of  this  ordinance. 

1 6.  Authority  to  elevate  tracks.]  Paragraph  5.  Permission 
and  authority  are  hereby  granted  to  the  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company  to  elevate  its  tracks  leading  to  its  yard,  lying 
south  of  the  Bloomingdale  road  and  immediately  east  of  and  adjoin- 
ing the  right  of  way  of  the  Chicago  and  Northwestern  Railway  and 
extending  over  and  across  Wabansia  avenue,  and  to  make  such 
changes  in  the  location  and  elevation  of  their  tracks  as  said  company 
may  deem  necessary  to  carry  out  the  provisions  of  this  ordinance. 

If  7.  Elevation  — top  rail.]  Paragraph  6.  All  elevation  of 
railroad  tracks  mentioned  in  this  ordinance  shall  refer  to  the  top  of 
the  rail. 

1 8.  Embankment— material  from  subways.  ] § 2.  The 

embankment  or  embankments  on  which  said  elevated  roadbed  shall 
be  constructed  within  the  aforesaid  limits  shall  be  composed  of  sand, 
clay,  gravel,  loam,  broken  stone,  or  whatever  else  may  compose  the 
surplus  material  excavated  from  the  subways  and  from  the  foundation 
pits  and  trenches  along  the  line  of  said  work;  the  side  slopes  and 
lateral  dimensions  of  said  embankments  will  be  fixed  and  determined 
by  the  natural  angle  of  repose  of  the  materials  of  which  said  embank- 
ments may  be  constructed,  but  whenever  it  may  become  necessary 
for  the  purpose  of  keeping  said  embankments  entirely  within  the  lines 
of  the  right  of  way  of  said  company,  such  proportions  of  said  embank- 
ments at  all  such  points  shall  be  kept  within  said  right  of  way  lines 
by,  or  they  shall  be  confined  between  retaining  walls  of  stone  or  brick 
masonry  or  concrete,,  or  other  suitable  material  satisfactory  to  the 
commissioner  of  public  works;  provided,  however,  that  whenever  said 
retaining  walls  are  of  insufficient  height  to  properly  protect  said  right 


2094 


RAILROADS TRACK  ELEVATION. 


[§  923 


of  way,  and  to  prevent  trespassing  thereon,  then  said  retaining  walls 
as  aforesaid,  shall  be  surmounted  with  a suitable  fence  or  railing,  but 
wherever  said  retaining  walls  are  not  used  at  all  the  right  of  way  of 
said  company  shall  be  fenced  in,  or  otherwise  properly  enclosed  in 
compliance  with  the  present  ordinances  of  the  city  of  Chicago  relating 
to  the  fencing  of  railroad  tracks. 

9.  Authority  to  elevate  roadbeds  and  tracks.]  § 2a.  To 
enable  the  Chicago  and  Northwestern  Railway  Company  to  prosecute 
the  work  of  the  elevation  of  their  roadbeds  and  tracks,  in  accordance 
with  the  provisions  of  this  ordinance,  permission  and  authority  is 
hereby  granted  to  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Com- 
pany to  elevate  its  roadbed  and  tracks,  lying  east  and  west  of  the 
crossing  of  said  Chicago  and  Northwestern  Railway  upon  an  open 
trestle  work  structure;  but  the  abutments  of  the  subways  at  the  inter- 
section of  Elston  avenue  and  North  Ashland  avenue  shall  be  con- 
structed of  stone,  in  accordance  with  the  provisions  described  in  sec- 
tion 4a  of  this  ordinance;  and  neither  the  passage  of  this  ordinance, 
the  incurring  of  any  expense,  nor  the  doing  of  any  work  thereunder 
by  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  shall 
ever  be  construed  in  any  manner  whatever  to  estop  or  prevent  the  city 
of  Chicago  from  hereafter  passing  an  ordinance  for  the  elevation  of 
the  roadbeds  and  tracks  beyond  the  points  mentioned  in  this  ordi- 
nance. 

If  10.  Elevated  tracks — subways — materials — storm  water — 
bridges,  supported  how.]  § 3.  The  said  elevated  tracks  shall  be 
carried  across  all  intersecting  streets,  avenues  and  alleys,  which  by 
the  terms  of  this  ordinance  are  to  be  provided  with  subways,  on  suit- 
able bridges  of  one,  two,  or  three  spans,  whose  superstructure  shall 
consist  of  iron  or  steel  main  girders,  with  iron  or  steel  main  floor  or 
ordinary  track  stringers;  but  should  the  latter  method  be  adopted, 
some  suitable  device  shall  be  provided  to  prevent  storm  water,  dirt, 
oil  and  other  substances  from  dropping  from  such  elevated  structure 
upon  the  subways  beneath. 

The  said  bridges  shall  be  supported  on  abutments  of  concrete, 
stone  or  brick  masonry,  as  indicated  in  the  schedule  of  subways,  or  on 
rows  of  iron  or  steel  columns,  braced  together  laterally  and  erected 
on  and  anchored  to  masonry  foundations,  constructed  within  the  lines 
of  the  railroad  right  of  way  and  in  the  center  and  curb  lines  of  the 
intersecting  avenues  and  streets. 

If  11.  Subways,  constructed  where.]  § 4.  Paragraph  1.  Sub- 
ways shall  be  constructed  beneath  the  tracks  of  the  Chicago  and 
Northwestern  Railway  Company  where  said  tracks  are  intersected  and 
crossed  by  North  Sangamon  street.  North  Carpenter  street,  North 
May  street,  Elston  avenue,  North  Centre  avenue,  Augusta  street, 
Wade  street,  West  Division  street,  Sloan  street,  Bradley  street,  Ingra- 
ham street,  Blackhawk  street,  the  junction  of  Fox  place,  Blanche  and 


§ 923] 


C.  & N.-W.  r’y  CO.  AND  C.,  M.  & ST.  P.  R’Y  CO. 


2095 


Noble  streets,  West  North  avenue,  Wabansia  avenue,  Clybourn  placet 
Armitage  avenue,  Elston  avenue,  Webster  avenue,  East  Fullerton 
avenue,  Clybourn  avenue  and  Wrightwood  avenue. 

If  12.  Subways  — size.  ] Paragraph  2.  As  to  the  subways 
mentioned  in  section  4,  paragraph  1,  the  subways  at  North  Carpenter 
Street,  North  May  street,  North  Centre  avenue,  Wade  street,  Sloan 
street,  Ingraham  street  and  Wrightwood  avenue  shall  be  constructed 
by  said  Chicago  and  Northwestern  Railway  Company  as  passageways, 
according  to  size  and  dimensions  as  provided  in  the  schedule  of  sub- 
ways, and  referred  to  in  section  4a  of  this  ordinance. 

T 13.  Subways  — grade  crossing,  constructed  by  whom.] 
Paragraph  3.  Subways  shall  be  constructed  beneath  the  tracks  of 
the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  where  said 
tracks  are  intersected  and  crossed  by  Elston  avenue,  North  Ashland 
avenue  and  north  Marshfield  avenue;  and  a grade  crossing  shall  be 
constructed  by  the  said  Chicago,  Milwaukee  and  St.  Paul  Railway 
Company  on  the  declining  grade  where  same  crosses  North  Paulina 
street. 

® 14.  Subways  must  comply  with  schedule— depression  of 
street.  ] § 4a.  The  several  subways,  passageways  and  street  grade 

crossings,  hereinbefore  referred  to  in  section  4 of  this  ordinance,  and 
which  shall  be  constructed  with  the  elevation  upon  which  such  tracks 
are  to  be  placed,  shall,  as  to  their  size  and  dimensions,  locations  and 
other  details,  be  in  accordance  with  the  following  schedule: 

Subway  in  North  Sangamon  street,  under  the  Chicago  and  North- 
western Railway.  (Street,  80  feet  wide.) 

The  depression  of  street  shall  not  exceed  5.8  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not 

less  than  4.0  feet  above  city  datum.  This  level  shall  extend  on  the 

northeast  10  feet  beyond  the  northeast  portal  of  subway,  and  on  the 

southwest  10  feet  beyond  the  southwest  portal  of  subway.  From  this 

level  the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet 
in  100  feet  to  a connection  with  the  present  surface  of  street,  includ- 
ing the  approaches  into  George  street. 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  40  feet. 

Width  of  sidewalks,  20  feet  each. 

Width  of  roadway  and  sidewalks  in  George  street  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  11  feet. 

Passageway  in  North  Carpenter  street,  under  the  Chicago  and  North- 
western Railway.  (Street,  66  feet  wide.) 


2096 


RAILROADS TRACK  ELEVATION. 


[§  923: 


The  depression  of  street  shall  not  exceed  2.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  the  floor  of  passageway 
not  less  than  7.4  feet  above  city  datum.  This  level  shall  extend  on  the 
northeast  10  feet  beyond  the  northeast  portal  of  passageway,  and  on 
the  southwest  10  feet  beyond  the  southwest  portal  of  passageway. 
From  this  level  the  approaches  shall  extend  on  a grade  of  not  to 
exceed  5.0  feet  in  100  feet  to  a connection  with  the  present  surface  of 
street. 

Width  between  walls  of  passageway,  12  feet. 

Width  of  roadway  and  sidewalks  outside  of  passageway  shall  be 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same,  outside  of  the  passageway. 

Clear  headroom,  10  feet. 

The  permission  and  authority  granted  to  the  Chicago  and  North- 
western Railway  Company  to  construct  the  above  described  passage- 
way in  North  Carpenter  street  is  with  the  distinct  understanding  that 
whenever  said  Carpenter  street  shall  be  extended  to  and  across  the 
north  branch  of  the  Chicago  river  and  a bridge  built  across  said  river 
at  said  North  Carpenter  street,  by  the  city  of  Chicago,  then  said  rail- 
way company  shall  replace  said  passageway  by  a subway  of  the  follow- 
ing dimensions,  at  the  expense  of  said  railway  company: 

Width  between  walls  of  subway,  66  feet 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  14  feet  each  in  subway,  but  it  is  now  agreed 
that  the  railway  company  has  the  right  to<  construct  one  of  the  abut- 
ments of  said  passageway  on  either  line  of  said  street  as  they  may  se- 
lect. In  the  event,  however,  of  the  construction  hereafter  of  such  sub- 
way in  North  Carpenter  street,  the  levels  and  grades  fixed  by  this  ordi- 
nance for  the  roadbed  and  tracks  of  the  railway  company  shall  not  be 
changed. 

Passageway  in  North  May  street,  under  the  Chicago  and  Northwest- 
ern Railway.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.1  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.3  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway,  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
approach  into  George  street 

Width  between  walls  of  passageway,  30  feet. 

Width,  of  roadway,  22  feet. 

Width  of  sidewalks,  4 feet  each  in  passageway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  th« 
same  as  they  now  exist. 


923] 


C.  & N.-W.  r’y  CO.  AND  C.,  M.  & ST.  P.  r’y  CO. 


2097 


The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Clear  head  room,  12  feet. 

Subway  in  Elston  avenue,  under  the  Chicago  and  Northwestern  Rail- 
way. (Avenue,  70  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.8  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway,  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  70  feet. 

Width  of  roadway,  42  feet  in  subway. 

Width  of  sidewalks,  14  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Passageway  in  Center  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  passageway  not 
less  than  8.3  feet  above  city  datum.  This  level  shall  extend  10  feet 
beyond  the  northeast  portal  of  passageway,  and  on  the  southwest  10 
feet  beyond  the  southwest  portal  of  passageway.  From  this  level  the 
approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  passageway,  30  feet. 

Width  of  roadway  in  passageway,  22  feet. 

. Width  of  sidewalks,  4 feet  each  in  passageway. 

Width  of  roadway  and  sidewalks  outside  of  passageway  will  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Clear  head  room,  11  feet. 

Subway  in  Augusta  street,  under  the  Chicago  and  Northwestern  Rail- 
way. (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.3  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.3  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway,  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 


2098  ' RAILROADS TRACK  ELEVATION.  [§  923 

feet  to  a connection  with  the  present  surface  of  street,  including  the  ap- 
proach of  Will  street  into  Augusta  street. 

Width  between  walls  of  subway,  66  feet 

Width  of  roadway,  42  feet  in  each  subway. 

Width  of  sidewalks,  12  feet  in  each  subway. 

Width  of  roadway  and  sidewalks  outside  of  subways  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways, 
and  about  one  foot  above  the  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders,  and  one  line  of  posts  in  the  center  of  roadway. 

Clear  head  room,  11  feet 

Passageway  in  Wade  street,  under  the  Chicago  and  Northwestern 

Railway.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  .9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  passageway  not 
less  than  9.4  feet  above  city  datum.  This  level  shall  extend  on  the 
northeast  10  feet  beyond  the  northeast  portal  of  passageway,  and  on 
the  southwest  10  feet  beyond  the  southwest  portal  of  passageway. 
From  this  level  the  approaches  shall  extend  on  a grade  of  not  to  ex- 
ceed 5.0  feet  in  100  feet  to  a connection  with  the  present  surface  of 
street. 

Width  between  walls  of  passageway,  12  feet. 

Width  of  roadway  and  sidewalks  outside  of  passageway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same,  outside  of  passageway. 

Clear  head  room,  10  feet. 

Subway  inWest  Division  street,  under  the  Chicago  and  Northwestern 

Railway.  (Street,  100  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.9  feet  above  city  datum.  This  level  shall  extend  on  the  east  10 
feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  beyond 
the  west  portal  of  subway.  From  this  level  the  approaches  shall  ex- 
tend on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  present  surface  of  street. 

Width  between  walls  of  subway,  100  feet. 

Width  of  roadway,  50  feet 

Width  of  sidewalks,  25  feet  each 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders 

Clear  head  room,  12.5  feet. 


§ 923] 


C.  & N.-W.  r’y  CO.  AND  C. , M.  & ST.  P.  R’y  CO. 


2099 


Passageway  in  Sloan  street,  under  the  Chicago  and  Northwestern  Rail- 
way. (Street,  60  feet  wide.) 

The  depression  of  street  shall  not  exceed  .7  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  passageway  not 
less  than  9.4  feet  above  city  datum.  This  level  shall  extend  on  the 
east  10  feet  beyond  the  east  portal  of  passageway,  and  on  the  west  10 
feet  beyond  the  west  portal  of  passageway.  From  this  level  the  ap- 
proaches shall  extend  on  a grade  of  not  to  exceed  5.0  feet  in  100  feet 
to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  passageway,  12  feet. 

Width  of  roadway  and  sidewalks,  outside  of  passageway  shall  be 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same,  outside  of  passageway. 

Clear  head  room,  10  feet. 

Subway  in  Bradley  street,  under  the  Chicago  and  Northwestern  Rail- 
way. (Street,  60  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.4  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  subway.  From  this  level  the  approaches  shall 
extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  oresent  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  36  feet  in  subway. 

Width  of  sidewalks,  12  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders 

Clear  head  room,  12  feet. 

Passageway  in  Ingraham  street,  under  the  Chicago  and  Northwestern 

Railway.  (Street,  60  feet  wide.) 

The  depression  of  street  shall  not  exceed  0.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  passageway  not 
Jess  than  9.4  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  be- 
yond the  west  portal  of  passageway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  5.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  passageway,  12  feet. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
•same  as  they  now  exist. 


2100 


RAILROADS TRACK  ELEVATION. 


[§  92S 


The  depression  of  sidewalks  shall  be  uniform  with  the  roadway,, 
and  about  one  foot  above  level  of  the  same,  outside  of  passageway. 

Clear  head  room,  10  feet. 

Subway  in  Blackhawk  street,  under  the  Chicago  and  Northwestern 

Railway.  (Street,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.4  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway,  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  14  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  passageway  shall  be 
the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Junction  subway  in  Noble  street  and  Blanche  street,  and  in  Fox  place, 

under  the  Chicago  and  Northwestern  Railway.  (Noble  and 

Blanche  streets,  each  66  feet  wide;  Fox  place,  50  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.8  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subways  not  less 
than  7.4  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subways,  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subways.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  the  three  named  streets. 

Width  of  roadway,  38  feet  in  each  subway  in  Blanche  and  Noble 
streets. 

Width  of  roadway  in  Fox  place  shall  be  the  same  as  it  now  exists. 

Width  of  sidewalks,  14  feet  each  in  subways  in  Blanche  and  Noble 
streets. 

Width  of  sidewalks  in  Fox  place  shall  be  the  same  as  they  now 
exist. 

Width  of  roadway  and  sidewalks  outside  of  subways  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders,  and  one  line  of  posts  in  the  center  of  roadway. 

Clear  head  room,  12  feet. 


C.  & N.-W.  r’y  CO.  AND  C. , M.  & ST.  P.  r’y  CO. 


2101 


§ 923] 


Subway  in  West  North  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.0  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway,  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  Ret  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the  ap- 
proaches of  the  alley  on  the  east  and  west  side  of  tracks. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  13  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Wabansia  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.1  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway,  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  5.0  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
approach  into  Holt  street. 

Width  between  walls  of  subway,  33  feet. 

Width  of  roadway,  25  feet. 

Width  of  sidewalks,  4 feet  each. 

Width  of  roadway  and  sidewalks  outside  of  subway  and  in  Holt 
street  shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  n feet. 

Subway  in  Clybourn  place,  under  the  Chicago  and  Northwestern  Rail- 
way. (Place,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.6  feet  above  city  datum.  This  level  shall  extend  on  the  east  10 
feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  beyond 
.the  west  portal  of  subway.  From  this  level  the  approaches  shall  ex- 


2102 


RAILROADS TRACK  ELEVATION. 


[§  92S- 


tend  on  a grade  of  not  to  exceed  3.5  feet  feet  in  100  feet,  to  a connection 
with  the  present  surface  of  street,  including  the  approaches  in  Ashland 
avenue  and  Coventry  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  14  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Three  lines  of  posts  may  be  placed  in  subway,  one  in  each  curb  line 
of  street  and  inside  thereof,  to  support  girders,  and  one  line  of  posts  in. 
the  center  of  roadway. 

Clear  head  room,  12  feet. 

Subway  in  Armitage  avenue,  under  the  Chicago  and  Northwestern 

Railway,  Milwaukee  and  Wisconsin  divisions.  (Avenue,  66  teet. 

wide.) 

The  depression  of  street  shall  not  exceed  3.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.2  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  southwest  10 
feet  beyond  the  southwest  portal  of  subway  of  the  Wisconsin  division 
of  said  railway.  From  this  level  the  approaches  shall  extend  on  a 
grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection  with  the 
present  surface  of  street,  including  the  approaches  of  the  alleys  and 
streets  between  the  head  of  the  east  and  west  approaches  of  subway. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  38  feet  in  subway. 

Width  of  sidewalks,  14  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway,  including  all 
of  the  streets  intersecting  said  approaches  of  subway,  shall  be  the  same 
as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders  on  the  Wisconsin  division  portion  of  subway. 

Clear  head  room,  12  feet 

Subway  in  Elston  avenue  (second  crossing),  under  Chicago  and  North- 
western Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.7  feet  above  city  datum.  This  level  shall  extend  on  the  east  10 
feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  beyond: 
the  west  portal  of  subway.  From  this  level  the  approaches  shall  ex- 


C.  & N. -W.  r’y  CO.  AND  C . , M.  & ST.  P.  R*Y  CO. 


2103 


9 23] 


tend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders,  and  one  line  of  posts  in  the  center  of  roadway. 

Clear  head  room,  12.5  feet. 

Subway  in  Webster  avenue,  under  the  Chicago  and  Northwestern  Rail- 
way. (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.9  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.7  feet  above  city  datum.  This  level  shall  extend  on  the  east  10 
feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  beyond 
the  west  portal  of  subway.  From  this  level  the  approaches  shall  ex- 
tend on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a connection 
with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  38  feet  in  subway 

Width  of  sidewalks,  14  feet  each  in  subway. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12  feet. 

Subway  in  Fullerton  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Avenue,  80  feet  wide.) 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.7  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway;  and  on  the  south- 
west 10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in 
100  feet  to  a connection  with  the  present  surface  of  street,  including  the 
approaches  of  the  streets,  which  are  parallel  with  the  east  right  of  way 
line  of  said  railway. 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  48  feet. 

Width  of  sidewalks,  16  feet  each. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 


2104  RAILROADS TRACK  ELEVATION.  [§  923 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  12.5  feet. 

Subway  in  Clybourn  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  streets  shall  not  exceed  4.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.7  feet  above  city  datum.  This  level  shall  extend  on  the  north- 
east 10  feet  beyond  the  northeast  portal  of  subway,  and  on  the  south- 
west  10  feet  beyond  the  southwest  portal  of  subway.  From  this  level 
the  approaches  shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100 
feet  to  a connection  with  the  present  surface  of  street,  including  the 
approaches  of  the  alleys  and  streets  between  the  heads  of  the  east  and 
west  approaches  of  subways. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  42  feet  in  subway. 

Width  of  sidewalks,  12  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway,  and  including 
all  of  the  streets  and  alleys  intersecting  said  approaches  of  subway, 
shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders,  and  one  line  of  posts  in  center  of  roadway. 

Clear  head  room,  12.5  feet. 

Subway  in  Wrightwood  avenue,  under  the  Chicago  and  Northwestern 

Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  8.2  feet  above  city  datum.  This  level  shall  extend  on  the  east  10 
feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet  beyond 
the  west  portal  of  subway.  From  this  level  the  approaches  shall  ex- 
tend on  a grade  of  not  to  exceed  5.0  feet  in  100  feet  to  a connection  with 
the  present  surface  of  street. 

Width  between  walls  of  subway,  33  feet. 

Width  of  roadway,  25  feet  in  subway. 

Width  of  sidewalks,  4 feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof, 
to  support  girders. 

Clear  head  room,  1 1 feet. 

Subway  in  Elston  avenue,  under  the  Chicago,  Milwaukee  and  St.  Paul 

Railway.  (Avenue,  66  feet  wide.) 


§ 923]  C.  & N.-W.  R’Y  CO.  AND  C.,  M.  & ST.  P.  R Y CO. 


2105 


The  depression  of  street  shall  not  exceed  5.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  4.5  feet  above  city  datum.  This  level  shall  extend  on  the  south 
10  feet  beyond  the  south  portal  of  subway,  and  on  the  north  10  feet 
beyond  the  north  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Clear  head  room,  12.5  feet. 

Subway  in  North  Ashland  avenue,  under  the  Chicago,  Milwaukee  and 

St.  Paul  Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  3.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  6.7  feet  above  city  datum.  This  level  shall  extend  on  the  south 
10  feet  beyond  the  south  portal  of  subway,  and  on  the  north  10  feet 
beyond  the  north  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks.  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  same. 

Clear  head  room,  12.5  feet 

Subway  in  North  Marshfield  avenue,  under  the  Chicago,  Milwaukee 

and  St.  Paul  Railway.  (Avenue,  66  feet  wide.) 

The  depression  of  street  shall  not  exceed  2.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  7.5  feet  above  city  datum.  This  level  shall  extend  on  the  south 
10  feet  beyond  the  south  portal  of  subway,  and  on  the  north  10  feet 
beyond  the  north  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks.  10  feet  each  in  subway 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 


2106  RAILROADS TRACK  ELEVATION.  [§  923 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  level  of  same. 

Clear  head  room,  12  feet. 

Provided,  however,  that  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  Company  shall  not  be  required  to  construct  any  part  of  this 
subway,  or  to  provide  any  opening  whatever  of  this  street  across  or 
through  its  proposed  embankment  or  structure  as  required  by  the 
terms  of  this  ordinance,  until  such  time  as  the  city  council  of  the  city 
of  Chicago  shall  have  passed  an  ordinance  for  continuing  the  elevation 
of  the  roadbed  and  tracks  of  the  said  Chicago,  Milwaukee  and  St.  Paul 
Railway  west  from  Ashland  avenue,  and  such  elevation  shall  be  so  con- 
tinued, then,  and  in  that  case,  a subway  shall  be  constructed  to  conform 
with  the  dimensions  and  specifications  given  above. 

f 15.  Grade  of  streets  — approaches  of  subways.  ] § 4b. 

The  grade  of  all  the  streets  that  intersect  the  approaches  to  subways,  as 
described  in  section  4a  of  this  ordinance,  shall  be  depressed  so  as  to 
conform  to  the  grade  of  the  approaches  into  such  subways. 

T 16.  Retaining  walls  — where  constructed  and  how.  ] § 4c. 
If  in  any  case  it  shall  be  found  necessary  to  construct  any  retaining  or 
side  walls  in  connection  with  any  approaches  to  subways,  then  such 
walls  may  be  constructed  within  the  limits  of  the  street,  alley  or  way 
upon  which  such  approach  is  situated,  and  the  abutments  or  side  walls 
of  the  subway  itself,  reached  by  such  approach,  may  be  corresponding- 
ly advanced  into  the  street  so  as  to  be  in  a continuous  straight  line  with 
the  approach  wall;  and  in  any  such  case  the  other  details  and  dimen- 
sions of  the  subway,  given  in  the  attached  schedule  of  subways,  may 
be  changed  as  far  as  necessary  to  accord  with  the  location  of  retaining 
or  side  walls  or  abutments  as  aforesaid. 

1 17.  Excavation — subways  be  to  restored.]  § 5.  All  such 
excavations  shall  be  made  in  the  streets  as  may  be  required  for  the  de- 
pression of  such  subways  and  the  approaches  thereto.  But  the  de- 
pressed portion  of  the  streets  shall  be  restored  to  serviceable  condition 
for  the  use  of  the  public  as  soon  as  practicable,  and  all  water  pipes, 
conduits,  sewers  and  other  similar  substructures  belonging  to  the  city 
that  may  be  disturbed  by  such  excavations  or  required  to  be  moved  or 
deflected  from  the  position  in  which  they  are  found  shall  be  replaced 
or  suitable  expedients  and  arrangements  shall  be  devised  and  provided 
to  restore  them  as  fully  as  may  be  to  their  former  state  of  usefulness, 
but  the  gradients  of  the  sewers  shall  not  be  reduced  in  any  event.  All 
such  work  shall  be  done  by  the  respective  railway  companies,  as  indi- 
cated in  section  4a,  at  their  sole  expense,  and  under  the  immediate  su- 
pervision and  to  the  satisfaction  of  the  commissioner  of  public  works 
of  the  city  of  Chicago. 

T 18.  Grades  of  streets — subways  — changes,  how  made- 
former  ordinances  repealed.]  § 6.  The  grades  of  all  the  streets 

and  alleys  in  which  any  subways  or  approaches  are  to  be  built,  in  ac- 


2107 


:§  923]  C.  & N. -W.  r’y  CO.  AND  C.,  M.  & ST.  P.  r’y  CO. 

cordance  with  the  provisions  of  this  ordinance,  or  where  streets  shall 
be  depressed  in  accordance  with  the  provisions  of  this  ordinance 
along  the  line  of  the  several  subways,  or  approaches,  shall  be  and  the 
same  are  hereby  changed  so  as  to  conform  to  the  grades  of  such  sub- 
ways  or  approaches  as  they  shall  be  depressed  and  constructed  pur- 
suant to  the  provisions  of  this  ordinance.  All  ordinances  heretofore 
passed  for  opening  streets  across  any  portion  of  the  right  of  way  or 
yards  of  the  Chicago  and  Northwestern  Railway  Company,  or  of  the 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  where  the  tracks 
are  required  to  be  elevated  as  in  this  ordinance  provided,  are  hereby 
repealed,  except  in  those  cases  where  the  street  ordered  opened  has 
already  in  fact  'been  opened  and  traveled  and  has  become  a lawful  and 
existing  highway  not  hereby  vacated,  with  the  exception  of  Webster 
avenue,  where  a subway  is  to  be  built  in  accordance  with  the  schedule 
of  subways  in  this  ordinance  contained,  and  any  and  all  portions  of  any 
streets,  alleys  or  avenues  now  existing  and  crossing  either  of  the  lines 
of  railway  within  the  limits  in  this  ordinance  provided  for,  the  eleva- 
tion or  depression  of  such  company’s  roadbed  are  hereby  discontinued 
and  vacated  within  the  limits  of  such  company’s  right  of  way,  except 
the  parts  of  streets,  alleys  or  avenues  hereby  required  to  be  occupied 
by  subways  or  passageways,  or  where  this  ordinance  requires  a grade 
crossing  to  be  provided. 

T 19.  Drainage  of  subways  — receiving  basins  — sewers.] 

§ 7.  Provision  shall  be  made  for  the  drainage  of  the  several  depressed 
subways  provided  for  in  this  ordinance  by  the  construction  of  receiv- 
ing basins  properly  located  in  or  immediately  adjacent  to  said  subways, 
which  said  receiving  basins  shall  be  connected  with,  and  discharge 
their  contents  into  the  adjacent  city  sewers.  In  case  the  lowest  point 
of  the  surface  of  any  of  said  subways  should  be  below  the  grade  of  the 
adjacent  sewer,  some  other  adequate  means  of  drainage  satisfactory  to 
the  commissioner  of  public  works  must  be  devised  and  provided  by 
said  railway  companies  at  their  expense. 

T 20.  Subways  to  conform  to  structural  requirements.  ] 

§ 8.  Paragraph  1.  The  subways  and  the  approaches  thereto,  so  to 
be  constructed  by  said  companies  in  said  streets  and  avenues  aforesaid, 
shall  all  conform  to  the  following  structural  requirements,  viz.:  The 

roadways  shall  be  paved  with  a single  course  of  vitrified  brick  of  stan- 
dard quality,  laid  at  right  angles  with  the  curb  lines  and  set  upon  a 
solid  foundation  of  hydraulic  cement  concrete  of  not  less  than  six  (6) 
inches  thick  or  deep  when  solidly  tamped  in  place  and  otherwise  fin- 
ished and  properly  crowned  ready  for  the  brick  wearing  surface,  be- 
tween which  and  the  concrete  there  shall  be  interposed  a layer  of 
screened  sand  not  less  than  one-half  inch  thick.  The  curb  shall  be  of 
sound  hard  limestone  of  standard  dimensions  and  finish,  and  the  side- 
walks in  subways  shall  be  finished  and  paved  with  Portland  cement 
concrete  of  standard  quality  and  workmanship,  and  with  the  curbing 


2108 


RAILROADS TRACK  ELEVATION. 


[§  923 


and  roadway  paving  shall  be  made,  finished  and  put  in  permanent 
place  in  accordance  with  the  requirements  of  the  department  of  public 
works  of  the  city  of  Chicago.  The  approaches  of  subways  shall  be 
excavated  to  the  grade  established  by  this  ordinance  and  shall  be  in 
all  other  respects  restored  as  near  as  may  be  to  their  condition  before 
being  so  excavated. 

If  21.  Streets  to  be  restored— expense.  ] Paragraph  2.  As 

to  streets  in  this  section  mentioned,  which  are  already  paved  or  provid- 
ed with  sidewalks,  such  paving  and  sidewalks  shall  be  restored  with 
the  present  material,  when  the  same  is  in  good  condition,  by  said  rail- 
way company  or  companies,  at  their  own  expense,  in  such  portions  of 
said  streets  as  are  required  to  be  constructed  by  said  company  or  conv 
panies,  except  that  said  railway  company  or  companies  are  not  required 
to  restore  any  part  of  the  paving  of  approaches  or  subways,  which  will 
be  the  duty  of  any  street  railway  company,  or  other  corporation,  it- 
self to  restore  under  existing  laws  or  ordinances. 

T 22.  Roadway  to  be  paved  by  railway  company.]  Para- 
graph 3.  Said  company  or  companies  shall  pave  the  entire  length  and 
width  of  the  roadway  in  such  portions  of  the  subways  as  are  required  to 
be  constructed  by  said  company  or  companies,  as  is  mentioned  in  this 
ordinance,  except  that  such  company  or  companies  shall  not  be  re- 
quired to  pave  any  part  of  the  subways  to  be  occupied  by,  or  adjacent 
to  street  railway  tracks,  which  by  reason  of  existing  laws  or  ordinances 
it  will  be  the  duty  of  any  street  railway  company  or  other  corporation 
itself  to  pave. 

If  23.  Change  of  grade  of  street— damages.]  Paragraph  4. 

Any  street  railway  company  occupying  any  of  the  streets  in  the  city  of 
Chicago  where  the  grade  of  such  streets  is  changed,  shall,  when  and 
as  the  grade  as  such  street  shall  be  changed,  as  in  this  ordinance  pro- 
vided, at  its  own  expense,  without  claim  for  damages,  conform  the 
grade  of  its  track  or  tracks  to  the  said  change  of  grade  of  said  streets, 
and  nothing  in  this  ordinance  shall  operate  or  be  held  to  relieve  such 
street  railway  companies  from  any  liability  now  existing,  however  cre- 
ated, to  pave  or  bear  the  expense  of  paving  such  streets  between  or  on 
either  side  of  the  rails  of  its  said  tracks,  in  the  manner  and  form  as  now 
required. 

IT  24.  Damages  to  adjacent  property— change  of  grade.  ] 
Paragraph  5.  Nothing  in  this  ordinance  contained  shall  be  so  con- 
strued as  to  require  the  said  railway  companies,  or  either  of  them,  to 
assume  any  damages  to  adjacent  property  or  business  caused  by 
change  of  grade  of  streets,  avenues,  alleys  or  the  railway,  or  by  the 
vacation  of  any  street,  alley,  avenue  or  other  public  way,  or  by  the  per- 
formance by  either  railway  company  of  the  matters  and  things  in  this 
ordinance  required  of  such  railway,  or  to  defend  any  suit  or  suits  which 
may  be  brought  against  any  party  or  parties  for  the  recovery  of  any 
such  damages,  but  it  is  understood  that  all  such  damages,  if  there  are 
any,  shall  be  adjusted  and  paid  by  the  city  of  Chicago,  and  said  city 


§ 923]  C.  & N.-W.  r’y  CO.  AND  C. , M.  & ST.  P.  r’y  CO.  2109 

will  assume  the  defense  of  any  and  all  suits  brought  for  the  recovery 
of  the  same,  intervening  therein  if  necessary,  for  such  purpose,  and 
will  wholly  relieve  said  railway  companies  from  defending  the  same, 
and  will  assume  and  pay  all  judgments  recovered  therein.  The  above 
stipulations  in  this  paragraph  are,  however,  upon  the  condition  prec- 
edent that,  in  case  any  suit  be  brought  against  any  of  the  said  com- 
panies, said  company  will,  before  the  last  day  to  plead  therein,  give 
notice  in  writing  of  such  suit  and  of  such  service  to  the  mayor  and  the 
corporation  counsel  of  said  city  for  the  purpose  of  enabling  such  de- 
fense to  be  made  by  the  city. 

f 25.  Work  subject  to  approval  of  commissioner  of  public 
works.]  § 9.  All  the  work  hereinbefore  in  this  ordinance  required 
to  be  done  by  said  company  or  companies,  upon  or  in  connection  with 
the  public  avenues  and  streets  of  the  city  shall  be  done  and  performed 
under  the  superintendence  and  subject  to  the  inspection  and  approval 
of  the  commissioner  of  public  works  of  said  city.  At  least  ten  (io) 
days  prior  to  the  commencement  of  any  part  of  such  work  the  plans 
and  specifications  therefor  shall  be  submitted  to  said  commissioner 
of  public  works  for  his  examination,  and  if  found  to  be  in  accordance 
with  the  provisions  of  this  ordinance  in  so  far  as  this  ordinance  con- 
tains specific  provisions,  and  in  the  absence  of  such  specific  provisions, 
if  they  shall  be  satisfactory  to  the  commissioner  of  public  works  in  re- 
gard to  matters  and  details,  which  by  this  ordinance  are  left  to  his 
discretion  and  judgment,  such  plans  shall  be  approved  by  him,  and 
after  such  approval  all  of  the  work  outlined  and  included  therein  shall 
be  constructed  in  strict  conformity  therewith.  Nothing  in  this  ordi- 
nance contained  shall  impose  any  liability  on  either  of  said  railway 
companies  to  the  city  of  Chicago  for  the  services  to  be  performed  by 
any  officer  or  employe  of  said  city  in  superintending  the  work  required 
by  this  ordinance. 

T 26.  Authority  to  obstruct — temporary  structures.]  § io. 

Permission  and  authority  are  hereby  given  to  said  companies,  when- 
ever the  same  shall  be  necessary  in  the  prosecution  of  the  work  they 
are  herein  authorized  or  required  to  perform,  to  obstruct,  temporarily, 
any  public  street,  avenue  or  alley  to  such  extent  and  for  such  length 
of  time  as  may  be  approved  by  the  commissioner  of  public  works,  and 
they  are  also  hereby  authorized,  whenever  the  same  shall  become  ne- 
cessary, to  erect  and  maintain  temporary  structures  and  false  work  in 
any  of  said  streets  and  avenues  during  the  construction  of  their  said  ele- 
vated railways,  subject  to  the  like  approval  of  said  commissioner  of 
public  works. 

I7  27.  Elevated  or  depressed  tracks  when  completed— speed 
of  trains  length  of  same.  ] § n.  When  the  said  several  rail- 

ways, in  section  i of  this  ordinance  mentioned,  shall  have  elevated  or 
depressed  their  respective  tracks  in  accordance  with  this  ordinance,  so 
that  the  same  shall  be  ready  for  use,  then  and  thereupon  all  provisions 


2110 


RAILROADS TRACK  ELEVATION. 


[§  923 


of  the  ordinances  of  the  city  of  Chicago  relating  to  the  speed  of  rail- 
way trains,  the  length  of  trains,  the  number  of  cars  to  constitute  a 
train,  the  giving  of  signals  upon  such  trains,  and  the  maintenance  of 
gates,  flagmen,  watchmen,  signals  and  signal  towers,  shall  cease  to  be 
applicable  to  said  railroads ; Provided,  however,  that  the  foregoing  pro- 
visions of  this  section  shall  apply  only  to  such  portions  of  the  tracks  of 
said  railroad  companies  as  shall  have  been  elevated  pursuant  to  the 
terms  of  this  ordinance,  and  provided,  however,  this  ordinance  is  not 
to  be  construed  as  a waiver  or  surrender  by  the  city  of  Chicago  of  any 
of  its  police  powers  or  of  the  right  at  any  time  hereafter  to  pass  neces- 
sary and  reasonable  police  ordinances  in  relation  to  the  matters  last 
above  enumerated.  After  such  elevation  it  shall  be  unlawful  for  any 
person  or  persons,  save  employes  of  said  companies,  or  either  of  them, 
in  the  discharge  of  their  duties,  to  enter  or  be  upon  or  to  walk  along 
or  across  the  said  elevated  structure  or  roadway  at  any  place.  If  any 
person  shall  wilfully  trespass  upon  said  elevated  roadway,  such  person 
and  all  others  aiding,  abetting  or  assisting  therein  shall  be  liable  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  one  hundred  dollars  for 
each  and  every  offense. 

Tf  28.  Plans  and  specifications  of  proposed  work  to  be  ap- 
proved by  commissioner  of  public  works.]  § 12.  Said  railway 
company  or  companies  mentioned  in  this  ordinance  shall  at  least  ten 
(10)  days  prior  to  the  commencement  of  any  part  or  parts  of  said  work 
which  is  designated  to  be  within  the  limits  of,  or  abutting  on,  any  street 
or  avenue,  submit  to  the  commissioner  of  public  works,  for  his  ap- 
proval, complete  plans  and  specifications  of  said  part  or  parts  of  said 
proposed  work,  for  the  purpose  of  ascertaining  whether  the  same  are 
in  strict  compliance  with  the  provisions  of  this  ordinance;  and  after 
approval  of  all  such  plans  and  specifications  by  the  commissioner  of 
public  works,  all  of  said  work  shall  be  constructed  in  strict  accordance 
therewith,  and  to  the  entire  satisfaction  of  said  commissioner  of  pub- 
lic works,  and  not  otherwise,  except  as  herein  otherwise  provided. 

IT  29.  Work  to  begin  when  — time  for  completion  of 
work.]  § 13.  The  said  railway  companies  mentioned  in  section  1 of 
this  ordinance,  and  who  are  required  to  elevate  or  depress  their  tracks 
shall  commence  the  work  of  such  elevation  and  depression  on  or  be- 
fore the  first  day  of  May,  1898;  Provided,  this  ordinance  shall  have 
been  accepted  by  the  said  railways  hereby  required  to  elevate  or  de- 
press their  tracks,  such  work  shall  be  fully  and  finally  completed  with- 
in two  years,  unless  prevented  by  strike,  or  restrained  by  injunction  or 
other  orders  or  process  of  a court  of  competent  jurisdiction.  The  time 
during  which  said  railway  companies  shall  be  prevented  by  strike  or 
strikes  or  legal  proceedings,  as  aforesaid,  shall  be  added  to  the  time 
hereby  limited  for  the  completion  of  said  work,  provided,  said  railway 
companies  give  notice  to  the  corporation  counsel  of  the  city  of  Chi- 
cago, of  the  institution  of  such  legal  proceedings.  The  city  of  Chicago 
shall  thereupon  have  the  right  to  intervene  in  any  suit  or  proceedings 


2111 


§ 924]  CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 

brought  by  any  person  or  persons  seeking  to  enjoin  or  restrain,  or  in 
any  manner  interfere  with  the  prosecution  of  said  work,  and  move  for  a 
dissolution  of  such  injunction  and  restraining  order,  and  for  any  other 
proper  order  in  such  suit. 

% 30.  Time  in  which  to  elevate  tracks  — power  of  commis- 
sioner of  public  works  to  do  work.  ] § 14.  Each  of  the  com- 

panies required  by  this  ordinance  to  elevate  its  tracks  shall  do  its  por- 
tion of  the  work  in  accordance  with  the  terms  hereof,  in  apt  and  proper 
time,  so  as  not  to  interfere  with  the  proper  and  orderly  prosecution  of 
such  work  as  a whole.  Should  either  of  the  companies  mentioned  in 
section  1 of  this  ordinance  fail  or  neglect  so  to  prosecute  its  work  the 
commissioner  of  public  works  of  the  city  of  Chicago  shall  have  and  is 
hereby  given  the  right,  power  and  authority  to  give  ten  days’  notice 
in  writing*  to  said  delinquent  company  to  prosecute  such  work.  If 
such  company  shall  fail  or  neglect  to  comply  with  said  notice,  the  com- 
missioner of  public  works  may  take  charge  of  and  cause  such  work  to 
be  done,  and  the  expense  thereof  shall  thereupon  be  paid  by  such  de- 
linquent company.  Any  time  during  which  either  of  said  companies 
may  be  prevented  by  delay  of  the  other  of  such  companies  from  per- 
forming its  part  of  the  work  under  this  ordinance,  shall  be  added  to 
the  total  time  allowed  to  the  company  so  delayed  for  the  completion 
of  its  own  work. 

31.  Ordinance  to  take  effect  when.]  § 15.  This  ordi- 
nance shall  take  effect  from  and  after  its  passage,  approval  and  publi- 
cation; Provided,  however,  this  ordinance  shall  be  null  and  void  unless 
said  Chicago  and  Northwestern  Railway  Company  and  the  Chicago, 
Milwaukee  and  St.  Paul  Railway  Company  shall,  through  their  author- 
ized officers,  file  with  the  mayor  of  the  city  of  Chicago,  within  thirty 
days  from  the  passage  and  approval  bv  the  mayor  of  this  ordinance, 
agreement  or  agreements  duly  executed  whereby  said  railway  compa- 
nies shall  undertake  to  do  and  perform  all  the  matters  and  things  re- 
quired of  them  respectively  by  this  ordinance.  After  the  filing  of  said 
agreement  or  agreements  by  all  of  said  companies  and  not  before,  this 
ordinance  shall  not  be  materially  modified  or  amended  without  the 
consent  of  any  company  affected  by  any  proposed  modification,  unless 
said  company  shall  be  in  default  in  the  performance  of  the  several  mat- 
ters and  things  required  by  this  ordinance  and  undertaken  to  be  done 
by  such  agreement. 

CHICAGO  AND  NORTHWESTERN  RAILWAY  COMPANY. 

§ 924.  Chicago  and  Northwestern  Railway  Company. 

J 1.  Amendment. 

If  2.  Original  ordinance— acceptance. 

T 8.  When  in  force. 

An  ordinance  amending  an  ordinance  passed  March  30th,  1896.  (Passed  June 

13,  1898. 

1"  1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the  city 


2112 


RAILROADS TRACK  ELEVATION. 


[§  924 


of  Chicago : § i.  That  an  ordinance  passed  by  the  city  council  of  the 

city  of  Chicago  March  30,  1896,  requiring  the  Chicago  and  North- 
western Railway  Company  to  elevate  the  plane  of  its  roadbed  and 
tracks  within  the  limits  and  in  the  form  and  manner  and  upon  the 
terms  and  conditions  in  said  ordinance  set  forth,  be  and  the  same  is 
hereby  amended,  so  that  the  schedule  of  subways,  Wisconsin  division, 
relating  to  subways  in  Irving  Park  boulevard,  shall  read  as  follows: 
Subway  in  Irving  Park  boulevard.  (East  and  west,  100  feet  wide — 

askew.) 

The  depression  of  street  shall  not  exceed  4.0  feet  below  the  present 
grade  of  street,  making  the  elevation  of  the  floor  of  subway  not  less 
than  20.5  feet  above  city  datum.  This  level  shall  extend  on  the  east  to 
the  intersection  of  the  north  right  of  way  line  with  the  south  curb  line 
and  on  the  west  to  the  intersection  with  the  south  right  of,way  line  to 
the  north  curb  line.  From  this  level  the  east  approach  shall  extend 
from  the  east  right  of  way  line  to  an  intersection  with  the  present  sur- 
face of  street,  at  the  west  curb  line  of  North  Forty-first  court;  and  the 
west  approach  shall  extend  from  the  west  right  of  way  line  to  an  in- 
tersection with  the  present  surface  of  street,  at  the  east  curb  line  of 
North  Forty-second  avenue. 

Width  of  roadway  shall  be  40  feet  and  width  of  sidewalks  on  each 
side  30  feet,  and  two  lines  of  posts  may  be  placed  in  said  subway  and 
at  the  curb  lines  and  inside  thereof,  to  support  girders. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  the  level  of  the  same. 

Minimum  clearance  above  roadway,  12.5  feet. 

1 2.  Original  ordinance — acceptance.]  § 2.  Said  original  ordi- 
nance passed  March  30th,  1896,  and  the  acceptance  thereof,  heretofore 
filed  by  the  Chicago  and  Northwestern  Railway  Company,  shall  be 
deemed,  notwithstanding  this  amendment,  to  continue  in  full  force  and 
effect  except  to  the  extent  of  substituting  the  new  measurements  and 
specifications  by  this  ordinance  required  for  the  old  corresponding 
measurements  and  specifications  contained  in  said  original  ordinance; 
and  said  original  ordinance  and  the  acceptance  thereof  shall  continue 
effective  in  the  same  way  as  if  said  original  ordinance  had  been  passed 
and  accepted  in  form  as  hereby  amended. 

T 3.  When  in  force.  ] § 3.  This  ordinance  shall  take  effect 
from  and  after  its  passage  and  approval;  Provided,  however,,  that  this 
ordinance  shall  be  null  and  void  unless  said  Chicago  and  Northwestern 
Railway  Company  shall,  through  its  authorized  officers,  file  with  the 
mayor  of  the  city  of  Chicago  within  ten  days  from  the  passage  of  this 
ordinance,  an  instrument  duly  executed,  whereby  said  railway  com- 
pany shall  consent  to  the  amendments  made  by  this  ordinance. 


§ 925] 


CHICAGO  & NORTHWESTERN  RAILWAY  COMPANY. 


2113 


§ 925.  Chicago  and  Northwestern  Railway  Company. 

V 1.  Amendment. 

^ 2.  Subway  in  Sunnyslde  avenue  80  feet  wide.  (East  and  weit.) 

V 3.  Subway  in  Wilson  avenue  80  feet  wide. 

i 4.  Subway  in  Leland  avenue  80  feet  wide.  (East  and  West) 

^ 5.  Acceptance. 

1 6.  When  in  force. 

An  ordinance  amending  an  ordinance  passed  March  30,  1806,  relating  to  the 
elevation  of  the  C.  & N.  W.  Ry.  Co’s,  tracks  (subways  at  Sunnyside,  Wil- 
son and  Leland  avenues).  (Passed  May  3,  1897;  substituted  May  10,  1891. 
Passed  May  10,  1897.) 

1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  an  ordinance  passed  by  the  city  council  of 

the  city  of  Chicago  March  30th,  1896,  requiring  the  Chicago  and 
Northwestern  Railroad  Company  to  elevate  the  plane  of  its  roadbeds 
and  tracks  within  the  limits  and  in  the  form  and  manner  and  upon  the 
terms  and  conditions  in  said  ordinance  set  forth,  be  and  the  same  is 
hereby  amended  so  that  the  schedule  of  subways,  Milwaukee  division, 
relating  to  the  subways  in  Sunnyside  avenue,  Wilson  avenue  and  Le- 
land avenue  shall  read  as  follows: 

1 2,  Subway  in  Sunnyside  avenue,  80  feet  wide  (east  and 
west).]  The  depression  of  street  shall  not  exceed  3.5  feet  below  the 
city  grade  of  street,  making  the  elevation  of  floor  of  subway  not 
less  than  1 7 feet  above  city  datum.  This  level  shall  extend  to  the 
east  and  west  right  of  way  lines.  From  this  level  the  approaches 
shall  extend  in  Sunnyside  avenue  easterly  to  intersection  with  pres- 
ent surface  of  East  Ravenswood  Park  at  east  street  line,  and  wes- 
terly to  intersection  with  present  surface  of  West  Ravenswood  Park 
at  west  line;  the  approaches  in  East  and  West  Ravenswood  Park 
streets,  parallel  to  right  of  way,  will  have  a grade  of  not  more  than 
4.5  feet  in  100  feet  at  the  right  of  way  lines. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now 
exist,  and  two  lines  of  posts  shall  be  placed  in  said  subway  at  the 
curb  lines  and  inside  thereof  to  support  girders. 

The  depression  of  sidewalks  in  subway  proper  will  be  uniform  with 
and  one  foot  above  the  center  of  roadway,  but  in  the  approaches  in 
East  and  West  Ravenswood  Park  the  level  of  the  sidewalks  at  prop- 
erty lines  of  residents  will  be  the  same  as  at  present,  except  near  right 
of  way  lines,  where  the  curbstones  will  be  depressed  uniform  with 
roadway 

Minimum  clearance  above  roadway.  11  feet. 

If  3.  Subway  in  Wilson  avenue,  80  feet  wide.]  The  depres- 
sion of  street  shall  not  exceed  3 feet  below  the  city  grade  of 
streets,  making  the  elevation  of  floor  of  subway  not  less  than 
17  feet  above  city  datum.  This  level  shall  extend  to  the  east 
and  west  right  of  way  lines.  From  this  level  the  approaches  shall 
extend  in  Wilson  avenue  easterly  to  intersection  with  the  present  sur- 
face of  East  Ravenswood  Park  at  east  street  line,  and  westerly  to  in- 
133 


2114 


RAILROADS TRACK  ELEVATION. 


[§  925 


tersection  with  present  surface  of  West  Ravenswood  Park;  at  west 
street  line  the  approaches  in  East  and  West  Ravenswood  Park  will 
have  a grade  of  not  more  than  4.5  in  100  feet  at  the  right  of  way  lines. 

The  width  of  streets  and  sidewalks  shall  be  the  same  as  now  exists, 
and  two  lines  of  posts  shall  be  placed  in  said  subway  at  the  curb  lines 
and  inside  thereof  to  support  girders. 

The  depression  of  sidewalks  in  subway  proper  will  be  uniform  witii 
and  one  foot  above  the  center  of  roadway,  but  in  the  approaches  in 
the  streets  parallel  to  the  right  of  way  the  level  of  the  sidewalks  at  prop- 
erty lines  of  the  residents  will  be  the  same  as  at  present,  except  at 
right  of  way  lines  where  the  curbstones  will  be  depressed  uniform 
with  roadway. 

Minimum  clearance  above  roadway,  11  feet 

1 4.  Subway  in  Leland  avenue,  80  feet  wide  (east  and  west).] 

The  depression  of  street  shall  not  exceed  3 feet  below  city 
grade  of  street,  making  the  elevation  of  floor  of  subway  not  less  than 
17  feet  above  city  datum.  This  level  shall  extend  to  the  east  and 
west  right  of  way  lines.  From  this  level  the  approaches  shall  extend 
in  Leland  avenue  easterly  to  intersection  with  the  present  surface  ot 
East  Ravenswood  Park  at  east  street  line,  and  westerly  to  intersection 
with  present  surface  of  West  Ravenswood  Park  at  west  street  line. 

The  approaches  in  East  and  West  Ravenswood  Park  will  have  a 
grade  of  not  more  than  4.5  feet  in  100  leet  at  the  right  of  way  lines. 

The  width  of  streets  and  sidewalks  within  the  limits  of  approaches 
shall  be  the  same  as  now  exist,  but  in  the  subway  proper  the  roadway 
will  be  40  feet  wide,  with  20-feet  sidewalks  on  each  side,  and  two  lines 
of  posts  shall  be  placed  in  said  subway  at  the  curb  lines,  and  inside 
thereof,  to  support  girders. 

The  depression  of  sidewalks  in  subway  proper  will  be  uniform 
with  and  one  foot  above  the  center  of  roadway,  but  in  approaches  in 
streets  parallel  to  the  right  of  way  the  level  of  the  sidewalks  at  prop- 
erty lines  of  residents  will  be  the  same  as  at  present,  except  at  right 
of  way  lines,  where  the  curb  stores  will  be  depressed  uniform  with 
roadway 

Minimum  clearance  above  roadway,  11  feet 

1"  5.  Acceptance.]  § 2.  Said  original  ordinance  passed  March 
30,  1896,  and  the  acceptance  thereof  heretofore  filed  by  the  Chicago 
and  Northwestern  Railway  Company  shall  be  deemed,  notwithstand- 
ing this  amendment,  to  continue  in  full  force  and  effect  except  to  the 
extent  of  substituting  the  new  measurements  and  specifications  by 
this  ordinance  required  for  the  old  corresponding  measurements  and 
specifications  contained  in  said  original  ordinance:  and  said  original 
ordinance  and  the  acceptance  thereof  shall  continue  effective  in  the 
same  way  as  if  said  original  ordinance  had  been  passed  and  accepted 
in  form  as  hereby  amended. 

IT  6.  When  in  force.  ] § 3.  This  ordinance  shall  take  effect 
from  and  after  its  passage  and  approval;  provided,  however,  that  this 


§ 926 ] CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY". 


2115 


ordinance  shall  be  null  and  void  unless  said  Chicago  and  Northwestern 
Railway  Company  shall,  through  its  authorized  officers,  file  with  the 
mayor  of  the  city  of  Chicago,  within  ten  days  from  the  passage  of 
this  ordinance,  an  instrument  duly  executed,  whereby  said  railway  com- 
pany shall  consent  to  the  amendments  made  by  this  ordinance. 


CHICAGO  AND  WESTERN  INDIANA  RAILROAD  COM- 
PANY. 

§ 926.  Chicago  and  Western  Indiana  Railroad  Company. 

IT  1.  Grant, 
i 2.  Provisions. 
i 3.  How  constructed, 
f 4.  Openings  to  be  left. 

5.  Protection  of  street. 

6.  Commissioner  of  Public  Works  to  approve, 

1[  7.  Subject  to  ordinance. 

If  8.  Streets  vacated. 

if  9.  Repealing  ordinances. 

if  10.  Company  to  keep  in  repair. 

It  11.  When  in  force. 

An  ordinance  granting  permission  to  the  Chicago  & Western  Indiana  Railroad 
Company  to  construct  and  maintain  a double  dirt  embankment  and  via- 
duct upon  West  46th  street.  (Passed  April  6,  1898.) 

If  1.  Grant.  ] Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  Permission  is  hereby  granted  to  the  Chi- 

cago and  Western  Indiana  Railroad  Company  to  construct  and  main- 
tain a double  track  dirt  embankment  and  viaduct  upon  West  46th 
street  in  the  city  of  Chicago,  between  Jackson  street  and  Kinzie  street, 
and  from  the  north  line  of  Kinzie  street  to  the  present  grade  of  the 
Chicago  and  Western  Indiana  Railroad  Company,  in  the  place  of  the 
wooden  trestle  and  viaduct  which  said  railroad  company  has  con- 
structed and  now  maintains  on  said  West  46th  street  between  said 
points  under  and  by  virtue  of  the  ordinances  of  the  town  of  Cicero, 
adopted  on  the  25th  day  of  August,  1883,  and  the  26th  day  of  Sep- 
tember, 1885,  respectively,  which  said  dirt  embankment  shall  be  con- 
structed upon  the  grades  and  in  conformity  with  the  provisions  fol- 
lowing, to  wit: 

T 2.  Provisions.  ] From  the  top  of  the  rail  of  the  present  grade 
of  tracks  at  the  south  end  of  said  wooden  trestle,  at  an  elevation  of 
36  1-10  feet  above  city  datum,  on  an  ascending  grade  of  one  (1)  foot 
in  each  one  hundred  (ico)  feet,  to  the  south  line  of  Madison  street, 
where  the  top  of  the  rails  will  have  an  elevation  of  forty-six  (46)  feet 


2116 


RAILROADS TRACK  ELEVATION. 


above  city  datum;  thence  on  a level  grade  to  the  north  line  of  Lak* 
street;  thence  on  an  ascending  grade  of  one  and  one-tenth  (i  i-io)  feet 
per  hundred  (ioo)  feet  to  the  north  line  of  Kinzie  street,  where  the 
top  of  the  rails  will  have  an  elevation  of  fifty  and  eight-tenths  (50  8-1  oj 
feet  above  city  datum;  thence  on  a level  grade  one  hundred  and  ten 
(no)  feet  to  the  north  line  of  the  right  of  way  of  the  Chicago  and 
Northwestern  Railway  Company;  thence  on  a descending  grade  of  one 
(1)  foot  in  each  one  hundred  (100)  feet  to  the  present  grade  of  tracks 
south  of  Chicago  avenue. 

T 3.  How  constructed.]  The  said  embankment  and  viaduct 
shall  be  constructed,  beginning  at  the  south  end  of  the  said  wooden 
trestle  work,  which  is  situated  210  feet  north  of  the  north  line  of 
Jackson  street,  and  extending  thence  north  to  the  north  end  of  the 
present  wooden  trestle  at  a point  near  the  north  line  of  Huron  street, 
with  side  slopes  of  one  and  one-half  horizontal  to  one  vertical,  and 
with  steel  structures  over  the  following  streets:  Madison  street,  Wash- 
ington street,  Randolph  street,  Park  avenue,  Fulton  street,  Lake  street 
and  Kinzie  street,  and  over  the  right  of  way  of  the  Chicago  and  North- 
western Railway  Company,  resting  upon  steel  columns  placed  in  the 
line  of  curb  upon  solid  stone  masonry  abutments  placed  at  the  north 
and  south  lines  of  each  of  said  streets,  so  as  to  clear  the  street  lines 
and  leave  headroom  between  the  surface  of  the  street  and  said  struc- 
tures at  their  lowest  point  of  not  less  than  fourteen  (14)  feet. 

IT  4.  Openings  to  be  left.]  An  opening  of  the  full  width  of 
Monroe  street  shall  be  left  in  said  embankment  connecting  Monroe 
street  on  the  east  side  with  the  street  provided  for  in  this  ordinance 
on  the  w^est  side  of  said  embankment;  also  an  opening  sixty-six  (66) 
feet  wide  shall  be  left  in  said  embankment  connecting  the  present 
west  end  of  Adams  street  with  said  proposed  street  on  the  west  side 
of  said  embankment;  an  opening  33  feet  wide  shall  be  left  in  Wilcox 
avenue  between  the  abutment  walls;  the  roadway  shall  be  25  feet  wide 
and  the  sidewalks  on  each  side  4 feet  wide  in  said  opening.  All  of 
said  openings  shall  be  protected  by  stone  abutments  and  steel  struc- 
tures, and  the  lower  face  of  the  track  structure  above  such  openings 
shall  be  thirty-seven  (37)  feet  above  city  datum  at  Monroe  street,  and 
thirty-four  and  five-tenths  (34.5)  feet  above  city  datum  at  Adams  street, 
and  thirty-six  and  five-tenths  (36.5)  at  Wilcox  avenue;  and  be  it  pro- 
vided further,  that  when  the  tracks  of  said  company  are  elevated  the 
subway  at  Adams  street  shall  be  constructed  the  full  width  of  street 
as  laid  out  on  the  east  side  of  said  embankment  and  in  the  same  man- 
ner as  all  other  subways  are  constructed  under  this  ordinance  the  full 
width  of  street  and  no  further  depression  of  same;  and  it  is  further 
hereby  provided  that  said  company  shall  construct  plank  crossings  at 
Jackson  street  over  their  right  of  way. 

IT  5.  Protection  to  street.]  The  track  work  over  each  of  the 
said  streets  shall  be  carried  on  steel  cross  girders  and  track  stringers. 


§ 9^6] 


CHICAGO  & WESTERN  INDIANA  RAILROAD  COMPANY. 


2117 


A suitable  metal  sheathing  shall  be  placed  between  the  stringers  if 
required  to  protect  the  surface  of  the  street  and  the  sidewalks  beneath, 
the  structure. 

^ If  6.  Commissioner  of  public  works  to  approve.]  All  of  which 
work  shall  be  constructed  under  the  direction  of  and  subject  to  the 
approval  of  the  commissioner  of  public  works  of  the  city  of  Chicago. 

T 7.  Subject  to  ordinance.]  The  franchises  and  privileges  here- 
by granted  shall  be  subject  to  all  the  general  ordinances  of  the  city  of 
Chicago  now  in  force  or  hereafter  to  be  passed  affecting  railways  and 
their  operations. 

1*  8.  Streets  vacated.]  § 2.  The  following  described  streets 
and  parts  of  streets  and  alleys  and  places,  situated  in  the  said  city  ot 
Chicago,  in  the  county  of  Cook  and  state  of  Illinois,  are  hereby  vacated*. 

That  part  of  Ontario  street  which  lies  to  the  east  of  the  west  line 
of  lot  two  (2)  in  block  one  (1),  produced  north;  that  part  of  the  sixteen 
(16)  foot  alley  which  lies  between  lots  one  (1)  and  two  \2),  and  lots 
forty-nine  (49)  and  fifty  (50)  in  block  one  (1);  and  all  those  parts  of 
Ohio  street,  of  the  sixteen  (t6)  foot  alley  in  block  four  (4),  of  Indiana 
street,  of  the  sixteen  (16)  foot  alley  in  block  five  (5),  of  Hubbard  street, 
of  the  sixteen  (16)  foot  alley  in  bloick  eight  (8)  and  of  the  forty  (40) 
foot  street  adjoining  block  eight  (8)  on  the  south,  which  lie  to  the  east 
of  a straight  line  drawn  from  the  southwest  corner  of  lot  fifty  (50)  m 
said  block  one  (1)  to  a point  in  the  north  line  of  the  right  of  way  of 
the  Chicago  and  Northwestern  Railway  Company,  fifty-seven  and  five- 
tenths  (57.5)  feet  west  of  the  east  line  of  the  southwest  quarter  of  the 
northwest  quarter  of  section  ten  (10),  all  in  the  subdivision  called  More- 
land, of  the  southwest  quarter  of  the  northwest  quarter  of  section  ten 
(10),  township  (39)  north,  range  thirteen  (13),  east  of  the  third  prin- 
cipal meridian. 

All  those  parts  of  Philadelphia  place,  of  Independence  place,  of 
Penn  place,  of  the  twenty  (20)  foot  alleys  in  blocks  twenty-three  (23),. 
twenty-six  (26)  and  thirty-nine  (39),  which  lie  to  the  east  of  a straight 
line  drawn  from  the  south  line  of  Kinzie  street  to  the  north  line  of 
Madison  street,  parallel  to  and  fifty-eight  (58)  feet  west  of  the  east 
line  of  the  west  half  of  the  southwest  quarter  of  section  ten  (10); 

Also  the  west  eighty-one  (81)  feet  of  west  46th  street  (or  Belt  Line 
avenue),  as  originally  laid  out  and  subsequently  widened,  extending 
from  Kinzie  street  on  the  north  to  Madison  street  on  the  south,  which 
is  embraced  within  the  West  Chicago  Land  Company’s  subdivision  of 
the  south  half  of  section  ten  (10),  township  thirty-nine  (39)  north,  range 
thirteen  (13)  east  of  the  third  principal  meridian,  except  intersecting 
streets ; 

Also,  all  those  parts  of  streets  and  alleys  in  Boynton’s  subdivision, 
in  the  west  half  of  the  west  half  of  the  northeast  quarter  of  the  north- 
west quarter  of  section  fifteen  (15),  township  thirty-nine  (39)  north, 
range  thirteen  (13)  east,  which  lie  to  the  west  of  a straight  line  drawn. 


2118 


RAILROADS TRACK  ELEVATION. 


[§  926 


from  the  northeast  corner  of  lot  twelve  (12)  in  block  four  (4)  in  said 
subdivision,  to  the  southeast  corner  of  lot  thirteen  (13)  in  block  one 
(1)  in  said  subdivision. 

Also,  all  that  part  of  the  plat  of  Edmund  A.  Cumming’s  subdivision 
of  the  east  half  of  the  northwest  quarter  of  section  fifteen  (15),  town 
ship  thirty-nine  (39)  north,  range  thirteen  (13)  east  of  the  third  prin- 
cipal meridian,  which  lies  to  the  east  of  a straight  line  drawn  from  a 
point  in  the  south  line  of  Madison  street  fifty-one  and  forty-five  hun- 
dredths (51.45)  feet  west  of  the  east  line  of  the  northwest  quarter  of 
the  northwest  quarter  of  said  section  fifteen  (15)  to  a point  in  the 
<north  line  of  Jackson  street  fifty-one  and  twenty-two  hundredths  ( 5 1.22) 
ieet  west  of  the  said  east  line  of  the  northwest  quarter  of  the  north- 
west quarter  of  said  section  fifteen  (15),  including  all  that  part  of  West 
46th  street  (or  Belt  Line  avenue)  which  lies  within  said  above  described 
strip  of  land. 

And  leave  is  hereby  granted  to  said  Chicago  and  Western  Indiana 
Railroad  Company,  and  to  the  Belt  Railway  Company,  of  Chicago,  to 
occupy  and  use  the  above  described  pieces  and  parcels  of  land  for  the 
purposes  of  the  construction  of  the  said  dirt  embankment  and  viaduct, 
and  the  operation  of  a double  track  railroad  thereon. 

Provided,  that  the  said  Chicago  and  Western  Indiana  Railroad 
Company  shall  dedicate  upon  acceptance  of  this  ordinance,  and  forever 
upon  the  passage  of  this  ordinance,  for  the  purpose  of  the  widening 
of  West  Forty-sixth  street,  from  the  south  line  of  Kinzie  street  to  the 
north  line  of  Madison  street,  a strip  of  land  forty  (40)  feet  in  width, 
east  of  and  adjoining  the  east  line  of  West  Forty-sixth  street,  as  now 
located;  and  shall  also  dedicate,  as  part  of  and  for  the  uses  of  a thirty- 
three  (33)  foot  street  to  take  the  place  of  that  part  of  the  thirty-three 
(33)  foot  street  in  said  Cumming’s  subdivision,  which  will  be  used  in 
the  construction  of  said  embankment  or  viaduct,  lots  one  (1),  forty- 
six  (46),  forty-seven  (47),  ninety-two  (92),  ninety-three  (93),  and  one 
Fundred  and  thirty-eight  (138)  in  said  Cumming’s  subdivision. 

T 9.  Repealing  ordinances.]  § 3.  The  ordinances  of  the  town 
of  Cicero,  hereinbefore  referred  to,  so  far  as  the  same  or  either  thereof 
conflict  with  or  are  inconsistent  with  the  terms  of  this  ordinance,  are 
hereby  repealed;  but  the  permission  and  authority  hereby  granted  are 
granted  subject  to  all  the  terms  and  conditions  of  said  prior  ordi- 
nances, except  as  herein  and  hereby  repealed  or  rendered  inoperative. 

TJ  10.  Company  to  keep  in  repair.]  § 4.  The  permission 
and  authority  hereby  granted  are  granted  upon  the  express  agreement 
and  understanding  that  said  Chicago  and  Western  Indiana  Railroad 
Company,  its  lessees,  successors  and  assigns,  shall  at  all  times  keep 
the  said  embankment  and  viaducts  in  good  condition  and  repair,  and 
that  it  shall  and  will  reimburse,  indemnify  and  save  harmless  the  said 
city  of  Chicago  against  and  from  all  costs  and  expenses  which  it  may 
incur  or  be  put  to  for  and  on  account  of  the  construction,  renewal  and 
repair  of  the  same  or  of  any  part  thereof. 


§ 927] 


LAKE  SHORE  & MICHIGAN  SOUTHERN  RAILWAY  CO. 


2119 


11.  When  in  force.]  § 5.  This  ordinance  shall  take  effect 
and  be  in  full  force  as  a binding  contract  between  the  city  and  the 
said  railroad  company  from  and  after  its  passage  hereof  and  the  writ- 
ten acceptance  hereof  by  the  said  Chicago  and  Western  Indiana  Rail- 
road Company. 


LAKE  SHORE  AND  MICHIGAN  SOUTHERN  RAILWAY 

COMPANY. 

§ 927.  Lake  Shore  and  Michigan  Southern  Railway  Company. 

If  1.  Elevate  tracks— conditions— manner. 

If  2.  Permission  and  authority  to  change  line  of  street. 

If  3.  Ordinances— acceptance — specifications  and  measurements. 

1 4.  Take  effect  when. 

An  ordinance  amending  an  ordinance  of  July  9,  1894,  requiring  the  Lake  Shore 
& Michigan  Southern  Railway  Company  and  the  Chicago,  Rock  Island  & 
Pacific  Railway  Company  to  elevate  the  plane  of  their  road-bed.  (Passed 
November  1,  1897.  Accepted  by  Chicago,  Rock  Island  & Pacific  Railway 
Company  November  15,  1897.) 

Tf  1.  Elevate  tracks  — conditions  — manner.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § i.  That  an 

ordinance  passed  by  the  city  council  of  the  city  of  Chicago,  July  9, 
1894,  requiring  the  Lake  Shore  and  Michigan  Southern  Railway  Com- 
pany, and  the  Chicago,  Rock  Island  and  Pacific  Railway  Company  to 
elevate  the  plane  of  their  roadbed  and  tracks  within  certain  limits  of 
the  city  of  Chicago,  in  the  manner  and  upon  the  condition  in  said  ordi- 
nance, set  forth,  be  and  the  same  is  hereby  amended  so  that  the  sub- 
ways in  65th  street  and  Wentworth  avenue,  shall  be  constructed  to 
conform  to  the  following  schedule  of  subways: 

Subway  in  65th  street,  under  Chicago,  Rock  Island  and  Pacific  Rail- 
way. 

The  depression  of  street  shall  not  exceed  2.2  feet  below  the  estab- 
lished grade  of  street,  making  the  elevation  of  the  floor  of  subway  not 
less  than  19.5  feet  above  city  datum.  This  level  shall  extend  on  the 
east  ten  feet  beyond  the  east  portal  of  subway,  and  on  the  west  ten 
feet  beyond  the  west  portal  of  subway,  from  this  level  the  east  approach 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet,  to  a con- 
nection with  the  present  surface  of  street,  and  the  west  approach  shall 
extend  on  an  ascending  grade  to  a connection  with  the  proposed  de- 
pressed north  approach  to  subway  in  Wentworth  avenue,  where  the 
elevation  of  the  intersection  of  Wentworth  avenue  and  65th  street 
shall  not  exceed  20.8  feet  above  city  datum. 


2120 


RAILROADS — TRACK  ELEVATION. 


[§  927 


Width  between  wails  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks  in  subway,  10  feet,  all  other  places  the  side- 
walks shall  be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  level  of  same. 

Clear  head  room,  12  feet. 

Subway  in  Wentworth  avenue,  under  the  Chicago,  Rock  Island  and 

Pacific  Railway. 

The  depression  of  street  shall  not  exceed  3.6  feet  below  the  estab- 
lished grade  of  street,  making  the  elevation  of  the  floor  of  subway  not 
less  than  18.0  feet  above  city  datum.  This  level  shall  extend  on  the 
north  to  a point  about  45  feet  south  of  the  present  southeast  corner 
of  Wentworth  avenue  and  65th  street,  and  on  the  south  to  a point 
about  48  feet  south  of  the  south  portal  of  subway.  From  this  level  the 
north  approach  shall  extend  on  ascending  gradient  to  a point  about 
the  center  of  the  new  roadway  approach  in  65th  street  subway,  as 
changed  by  this  ordinance  hereinafter  mentioned,  where  the  elevation 
of  the  roadway,  at  this  point,  shall  not  exceed  20.8  feet  above  city 
datum,  from  this  last  mentioned  point,  the  north  approach  shall  con- 
tinue and  shall  ascend  on  a gradient  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  existing  surfaces  of  Wentworth  avenue 
and  Ross  avenue.  The  south  approach  shall  extend  on  a grade  not 
to  exceed  3.0  feet  in  100  feet  to  a connection  with  the  existing  surface 
of  street. 

Width  of  subway  in  Wentworth  avenue  between  walls,  63  feet. 
Number  of  roadways,  2. 

Width  of  roadway  between  curbs  and  wheel  guards  around  center 
of  column,  20  feet  each. 

Width  of  sidewalks,  10  feet  each  in  subway.  At  all  other  places  the 
sidewalks  shall  be  the  same  as  they  now  exist. 

# The  depression  of  sidewalk  shall  be  uniform  with  the  roadway 
and  about  one  foot  above  level  of  same,  except  on  the  west  side  of 
Ross  avenue  and  their  connections  with  Wentworth  avenue  and  65th 
street  where  the  sidewalks  shall  remain  at  the  present  elevation;  and 
if  it  be  deemed  necessary  by  the  commissioner  of  public  works  suitaDle 
steps  shall  be  provided  at  the  intersection  of  the  sidewalk  at  Went- 
worth avenue  and  Ross  avenue,  descending  into  the  proposed  de- 
pressed roadway  in  Wentworth  avenue. 

Width  of  wheel  guards  around  bases  of  center  line  of  column  shall 
not  exceed  3 feet  at  the  floor  line. 

Two  lines  of  posts  may  be  placed  in  curb  line  and  inside  thereof,  to 
support  girders. 

Clear  head  room,  13.5  feet. 

1 2.  Permission  and  authority  to  change  line  of  street.]  § 2. 

Permission  and  authority  are  hereby  granted  to  the  Chicago,  Rock 
Island  and  Pacific  Railway  Company  to  change  the  lines  of  65th  street 


% 


§ 928]  LAKE  SHORE  & MICHIGAN  SOUTHERN  RAILWAY  CO.  2121 

underneath  their  tracks  at  the  intersection  of  Wentworth  avenue  and 
65th  street,  not  more  than  25  feet,  north  at  the  corners  of  said  streets; 
so  as  to  give  more  practicable  gradients  in  subways  for  Wentworth 
avenue  and  65th  street  (in  accordance  with  the  following  diagram) : 


1 3.  Ordinances  — acceptance  — specifications  and  measure- 
ments. ] § 3.  Said  original  ordinance,  passed  July  9,  1894,  and  the 

acceptance  thereof  heretofore  filed  by  the  Lake  Shore  and  Michigan 
Southern  Railway  Company,  and  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  shall  be  deemed,  notwithstanding  this  amendment, 
to  continue  in  full  force  and  effect  except  to  the  extent  of  substituting 
the  new  measurements  and  specifications  by  this  ordinance  required 
for  the  old  corresponding  measurements  and  specifications  contained 
in  said  original  ordinance  and  the  acceptance  thereof  shall  continue 
effective  in  the  same  way  as  if  said  original  ordinance  had  been  passed 
and  accepted  in  form  as  hereby  amended. 

If  4.  Take  effect  when,]  § 4.  This  ordinance  shall  take  ef- 
fect from  and  after  its  passage  and  approval;  provided,  however,  that 
this  ordinance  shall  be  null  and  void  unless  said  Chicago,  Rock  Island 
and  Pacific  Railway  Company,  through  its  authorized  officers,  file 
with  the  mayor  of  the  city  of  Chicago,  within  30  days  from  the  passage 
and  the  approval  by  the  mayor  of  this  ordinance,  an  instrument  duly 
executed,  whereby  said  railway  company  shall  consent  to  the  amend- 
ment made  by  this  ordinance. 

§ 928.  Lake  Shore  and  Michigan  Southern  Railway  Company. 

If  1.  Elevate  tracks— height— subways. 

If  2.  Amendment  of  ordinance— subway— posts— roadway. 

If  3.  When  in  force. 


134 


2122 


RAILROADS TRACK  ELEVATION. 


An  ordinance  amending  an  ordinance  of  July  9, 1894,  requiring  the  Lake  Shore 
& Michigan  Southern  Railway  Company  and  the  Chicago,  Rock  Island  & 
Pacific  Railway  Company  to  elevate  the  plane  of  their  road-bed.  (Passed 
December  29,  1897.  Accepted  by  Lake  Shore  & Michigan  Southern  Rail- 
way Company,  January  10,  1898;  accepted  by  Chicago,  Rock  Island  & Pa- 
cific Railway  Company,  January  17,  1898.) 

If  1.  Elevate  tracks  — height  — subways.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § I.  That  an  ordi- 

nance passed  by  the  city  council  of  the  city  of  Chicago,  July  9,  1894, 
entitled  “An  ordinance  requiring  the  Lake  Shore  and  Michigan  South- 
ern Railway  Company,  and  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  to  elevate  the  plane  of  certain  of  their  railway  tracks 
within  the  city  of  Chicago,”  be  and  the  same  is  hereby  amended  so 
that  the  “Schedule  of  Subways”  contained  in  said  ordinance  so  far 
as  the  same  relates  to  the  details  of  subways  in  Sixty-third  street  and 
State  street  shall  read  as  follows: 

DETAILS  OF  SUBWAY  IN  SIXTY-THIRD  STREET. 

The  elevation  of  floor  of  subway,  at  its  intersection  with  the  east 
line  of  State  street,  shall  be  not  less  than  17  feet  above  city  datum. 
This  level  shall  extend  to  the  west  line  of  State  street  subway;  thence 
the  floor  of  subway  shall  continue  in  a westerly  direction  on  a uniform 
gradient  to  its  connection  with  the  grade  established  for  the  portion 
of  the  subway  under  the  tracks  of  the  Pittsburg,  Fort  Wayne  and 
Chicago  Railway. 

The  portion  of  subway  in  Sixty- third  street  east  of  State  street 
shall  be  34  feet  wide,  and  shall  extend  on  a grade  of  not  to  exceed  3.5 
feet  in  100  feet,  to  a connection  with  the  present  surface  of  street.  The 
portion  of  subway  west  of  State  street  shall  be  60  feet  wide,  and  from 
the  west  portal  of  subway  the  west  approach  shall  extend  on  a grade 
of  not  to  exceed  3.5  feet  in  100  feet  to  a connection  with  the  present 
surface  of  street. 

The  north  approach  in  State  street  shall  extend  on  an  ascending 
grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a connection  with  the 
present  surface  of  street 

Width  of  street  on  the  north  side  of  Sixty-third  street  and  extend- 
ing from  intersection  of  State  street  and  Sixty-third  street  to  the  head 
of  the  east  approach  of  Sixty-third  street  subway,  30  feet. 

Width  of  roadway  in  said  street,  22  feet. 

Width  of  one  sidewalk  on  the  north  side  of  said  street,  8 feet. 
Width  between  walls  of  subway,  east  of  the  east  line  of  State  street 
subway,  34  feet. 

Width  of  roadway,  28  feet. 

Width  of  one  sidewalk  on  the  south  side  in  subway,  6 feet. 

Width  between  walls  of  subway,  west  of  the  west  line  of  State 
street  subway,  60  feet;  the  face  of  the  south  abutments  of  subway  to 


928]  LAKE  SHORE  & MICHIGAN  SOUTHERN  RAILWAY  CO. 


2123: 


be  on  south  line  of  Sixty-third  street,  west  of  the  west  line  of  State 
street. 

Width  of  roadway,  38  feet. 

Width  of  sidewalk,  11  feet. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways, 
and  six  inches  above  crown  of  same  at  curb  lines. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof  to, 
support  girders. 

Clear  head  room,  13.5  feet. 

If  either  or  both  of  the  railway  companies  desire  to  adopt  a style  of 
construction  for  any  or  all  of  its  bridges  over  Sixty-third  street,  requir- 
ing posts  or  supports  in  the  center  of  the  roadway,  such  posts  may  be 
so  placed,  under  the  following  conditions,  viz.: 

Width  of  posts  not  to  exceed  three  (3)  feet,  and 

Width  of  roadway  to  be  41  feet,  and  the 

Width  of  subway  63  feet  in  that  part  of  roadway  or  subway  in  which 
posts  shall  be  used. 

The  construction  of  the  west  approach  to  this  subway  will  be  the 
joint  work  of  the  Chicago,  Rock  Island  and  Pacific  Railway  Company 
and  the  Pittsburg,  Fort  Wayne  and  Chicago  Railway  and  its  lessee,  the 
Pennsylvania  Company;  and  the  construction  of  the  east  approach  will 
be  the  exclusive  work  of  the  Lake  Shore  and  Michigan  Southern  Rail- 
way Company. 

The  Lake  Shore  and  Michigan  Southern  Railway  Company  shall 
construct  the  subways  under  its  own  tracks  and  up  to  the  lines  of  its 
right  of  way  between  the  portals,  and  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company  shall  construct  the  subways  under  its  own, 
tracks  and  up  to  the  lines  of  its  right  of  way  between  the  portals. 

DETAILS  OF  SUBWAY  IN  STATE  STREET. 

The  elevation  of  floor  of  subway,  at  its  intersection  with  Sixty-third 
street,  shall  be  not  less  than  17  feet  above  city  datum.  This  level  shall 
extend  to  the  south  line  of  Sixty-third  street  subway,  thence  the  floor 
of  subway  shall,  continue  in  a southerly  direction  and  shall  descend  on 
a uniform  gradient  to  its  connection  with  the  grade  established  for  the 
portion  of  the  subway  under  the  tracks  of  the  Pittsburg,  Fort  Wayne 
and  Chicago  Railway  Company.  The  north  and  south  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet. 

Width  of  sidewalks,  10  feet. 

. Width  of  street  on  east  side  of  State  street  and  extending  from  the* 
intersection  of  Sixty-third  and  State  streets  to  the  head  of  the  north 
approach  of  State  street  subway,  38  feet. 

Width  of  roadway  in  said  street,  28  feet. 

Width  of  one  sidewalk,  on  the  east  side  of  street,  10  feet. 


2124 


RAILROADS TRACK  ELEVATION.  [§  928 

The  depression  of  sidewalks  in  subway  shall  be  uniform  with  the 
roadway,  and  six  inches  above  crown  of  same  at  the  curb  lines. 

Two  lines  of  posts  may  be  placed  in  curb  line  and  inside  thereof 
to  support  girders. 

Clear  head  room,  13.5  feet. 

The  construction  of  the  north  approaches  to  this  subway  will  be 
the  exclusive  work  of  the  Lake  Shore  and  Michigan  Southern  Rail- 
way Company,  and  the  construction  of  the  south  approaches  will  be  the 
exclusive  work  of  the  Pittsburg,  Fort  Wayne  and  Chicago  Railway 
and  its  lessee,  the  Pennsylvania  Company. 

The  Lake  Shore  and  Michigan  Southern  Railway  Company  shall 
construct  the  subways  under  its  own  tracks  and  up  to  the  lines  of  its 
right  cf  wav  between  the  portals. 

If  either  or  both  of  the  railway  companies  desire  to  adopt  a style  of 
construction  for  any  or  all  of  its  bridges  over  State  street,  requiring 
posts  or  supports  in  the  center  of  the  roadway,  such  posts  may  be  so 
placed  under  the  following  conditions,  viz.: 

Width  of  posts  to  be  not  more  than  three  (3)  feet,  and 

Width  of  roadway,  43  feet,  and 

Width  of  subway,  between  walls,  63  feet  in  that  part  of  roadway 
or  subway  in  which  posts  shall  be  used. 

®I[  2.  Amendment  of  ordinance — subway — posts — roadway.  ] 
§ 2.  That  the  said  ordinance  passed  July  9th,  1894,  be  and  the  same 
is  hereby  further  amended  by  adding  to  the  “Details  of  Subway  in  Six- 
ty-first Street,”  the  following: 

If  either  or  both  of  the  railway  companies  desire  to  adopt  a style 
of  construction  for  any  or  all  of  its  bridges  over  Sixty-first  street,  re- 
quiring posts  or  supports  in  the  center  of  the  roadway,  such  posts  may 
be  so  placed,  under  the  following  conditions,  viz.: 

Width  of  posts  not  to  exceed  three  (3)  feet. 

Width  of  roadway  to  be  41  feet,  and  the 

Width  of  subway  63  feet  in  that  part  of  roadway  or  subway  in  which 
posts  shall  be  used. 

1 3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
from  and  after  its  passage,  approval  and  publication;  Provided,  how- 
ever, that  this  ordinance  shall  be  null  and  void  if  the  said  railway  com- 
panies shall  not  file  with  the  mayor  of  said  city,  within  thirty  (30) 
days  from  the  passage  of  this  ordinance,  a written  consent  to,  and  ac- 
ceptance by  said  companies,  respectively,  of  this  ordinance. 


§ 929] 


L.  S.  & M.  S.  R’Y  CO.  AND  C. , R.  I.  & P.  r’y  CO. 


2125 


§ 929.  Lake  Shore  and  Michigan  Southern  Railway  Company 
and  Chicago,  Rock  Island  and  Pacific  Railway  Company. 

% 1.  How  amended. 

If  2.  Manner  of  elevating,  grade. 

If  3.  Revised  and  new  subways. 

If  4.  Provisions  amended,  how,  powers  and  duties, 
if  5.  Additional  work,  when  to  commence  and  terminate, 
if  6.  Light  for  subways. 

if  7.  Pipes,  change  of  location,  how  to  be  done, 
if  8.  Opening  of  streets, 
if  9.  Consideration,  dedication  of  streets, 
if  10.  When  in  force,  conditions. 

An  ordinance  to  amend  an  ordinance  relating  to  the  elevation  of  the  tracks  of 
the  Lake  Shore  & Michigan  Southern  Railway  Company  and  of  the  Chi- 
cago, Rock  Island  & Pacific  Railway  Company.  (Passed  January  17,  1898.) 

T 1.  How  amended.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  an  ordinance  entitled  “An  ordinance  re- 

quiring the  Lake  Shore  and  Michigan  Southern  Railway  Comany,  and 
the  Chicago,  Rock  Island  and  Pacific  Railway  Company  to  elevate  the 
plane  of  certain  of  their  railway  tracks  within  the  city  of  Chicago,” 
passed  by  the  city  council  of  said  city  on  July  9,  1894,  be  and  the  same 
is  hereby  amended  by  adding  thereto  other  sections  to  be  known  as 
sections  3a,  3b,  3c,  3d,  3e,  3b  3g  and  3I1,  respectively,  so  that  section 
3 as  amended,  and  so  that  said  additional  sections,  as  inserted  in  said 
amended  ordinance,  shall  be  as  follows: 

1 2.  Manner  of  elevating,  grade.]  § 3.  From  the  point 
where  the  said  roadbed  and  tracks  so  to  be  elevated,  as  aforesaid,  cease 
to  be  common  as  between  the  railway  companies  in  this  ordinance 
named,  and  where  the  line  of  the  said  Chicago,  Rock  Island  and  Pa- 
cific Railway  Company  separates  and  diverges  from  the  line  of  the  said 
Lake  Shore  and  Michigan  Southern  Railway  Company,  the  said  Chi- 
cago, Rock  Island  and  Pacific  Railway  Company  shall  elevate  the 
plane  of  its  roadbed  and  tracks  in  the  manner  following,  that  is  to  say: 
Beginning  at  the  said  point  of  divergence  at  or  near  the  north  line  of 
Sixty-first  street,  where  an  elevation  of  not  less  than  nine  (9)  feet 
above  the  plane  of  said  existing  roadbed  and  tracks  of  said  Chicago, 
Rock  Island  and  Pacific  Railway  Company,  continuing  therefrom  in  a 
southerly  and  southwesterly  direction,  shall  rise  on  a gradient  of  about 
two-tenths  of  one  per  centum  for  a length  or  distance  of  about  one 
thousand  (1,000)  feet  to  a point  about  sixty-five  (65)  feet  north  of  the 
north  line  of  Sixty-third  street,  from  which  latter  point  they  shall  con- 
tinue for  a further  length  or  distance  of  about  eighteen  hundred  and 
fifty  (1850)  feet  to  a point  about  two  hundred  (200)  feet  north  of  the 
north  line  of  Sixty-sixth  street,  within  which  length  or  distance  of 
about  two  thousand,  eight  hundred  and  fifty  (2,850)  feet,  elevations 
above  the  plane  of  said  existing  roadbed  shall  be  attained  of  not  less 
than  ten  (10)  feet  at  Sixty-third  street,  and  of  not  less  than  eleven  (11) 
feet  at  Sixty-fifth  street  and  at  Wentworth  avenue;  thence  said  elevated 
roadbed  and  tracks  shall  continue  and  shall  descend  on  a gradient  of 


2126 


RAILROADS TRACK  ELEVATION 


[§  929 


about  .06  of  one  per  centum  for  a distance  of  about  twenty-three  hun- 
dred (2,300)  feet  to  a point  about  100  feet  north  of  the  north  line  of 
Sixty-ninth  street,  where  an  elevation  at  the  base  of  the  rail  of  said 
elevated  roadbed  and  tracks  shall  not  be  less  than  28.6  feet  above  city 
datum  and  within  the  limits  of  said  mentioned  course  attaining  eleva- 
tions above  the  existing  roadbed  and  tracks  of  not  less  than  10.2  feet  at 
Sixty-sixth  street,  10.5  feet  at  Sixty-seventh  street,  and  10.5  feet  at 
Normal  parkway;  thence  said  elevated  roadbed  and  tracks  shall  con- 
tinue in  a southwesterly  direction  and  on  any  suitable  gradients  con- 
venient and  practicable  to  railway  company  to  a point  about  on  the 
south  line  of  Seventy-sixth  street,  and  within  the  limits  of  said  last 
mentioned  course,  attaining  elevations  at  the  base  of  the  rail  above  the 
existing  roadbed  and  tracks  of  not  less  than  9.6  feet  at  Sixty-ninth 
street,  9.3  feet  at  Seventieth  street,  9.0  at  Seventy-first  street,  9.0  feet  at 
Seventy-second  street,  8.8  feet  at  Seventy-third  street,  8*4  feet  at  Sev- 
enty-fourth street,  8.4  feet  at  Seventy-fifth  street,  and  5.2  feet  at  Sev- 
enty-sixth street  thence  said  elevated  roadbed  and  tracks  shall  continue 
in  a southwesterly  direction  and  may  descend  on  the  most  suitable 
gradient  convenient  and  practicable  to  said  railway  company  to  a con- 
nection with  their  present  roadbed  and  tracks. 

If  3.  Revised  and  new  subways.]  § 3a.  The  said  • Chicago, 
Rock  Island  and  Pacific  Railroad  Company  shall  built  and  construct 
a revised  subway  in  Sixty-ninth  street  and  new  subways  at  Seventieth 
street,  Seventy-first  street,  Seventy-second  street,  Seventy-third  street, 
'.Seventy-fourth  street,  Seventy-fifth  street  and  Seventy-sixth  street,  to 
conform  with  the  following  details: 

DETAILS  OF  REVISED  SUBWAY  IN  SIXTY-NINTH  STREET. 

The  floor  of  said  subway  shall  be  elevated  1.3  feet  above  the  ele- 
vation as  prescribed  in  ordinance  passed  July  9,  1894,  making  the 
elevation  of  the  new  floor  not  less  than  14.0  feet  above  city  datum. 
From  this  level  the  approaches  of  subway  shall  extend  on  a grade  of 
not  to  exceed  3.5  feet  in  100  feet  to  a connection  with  the  present 
surface  of  street,  including  approaches  in  Webster  avenue. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  thev  now  exist. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders 

Clear  head  room,  13  feet  6 inches. 

DETAILS  OF  SUBWAY  IN  SEVENTIETH  STREET. 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  14.6  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway  and  on  the  west  10  feet 


§ 929]  L.  S.  & M.  S.  r’y  CO.  AND  C.,  R.  I.  & P.  R’y  CO.  2127 

beyond  the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 
nection with  the  present  surface  of  street,  including  the  approach  into 
Grant  place. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  roadway  and 
about  one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

DETAILS  OF  SUBWAY  IN  SEVENTY-FIRST  STREET. 

The  depression  of  street  shall  not  exceed  4.4  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  13.8  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet 
beyond  the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  to  a connec- 
tion with  the  present  surface  of  street,  including  the  approach  into 
Harvard  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

DETAILS  OF  SUBWAY  IN  SEVENTY-SECOND  ST.  AND  STEWART  AVE. 

The  depression  of  street  shall  not  exceed  4.9  feet  below  the  pres- 
ent surface  of  tracks,  making  the  elevation  of  floor  of  subway  not  less 
than  12.5  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet 
beyond  the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  not  to  exceed  3.0  feet  in  100  feet  to  a connection  with 
the  present  surface  of  street,  including  the  approaches  into  Stewart 
avenue,  as  they  shall  be  diverted  at  its  intersection  with  West  Seventy- 
second  street. 


2128 


^RAILROADS TRACK  ELEVATION. 


[§  929 


Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  in  Seventy- 
second  street  shall  be  the  same  as  they  now  exist. 

Width  between  walls  of  Stewart  avenue  approaches,  as  diverted, 
40  feet. 

Width  of  roadway  in  Stewart  avenue,  north  approach,  28  feet. 

Width  of  sidewalks,  6 feet  each. 

Width  of  roadway  of  Stewart  avenue,  south  approach,  30  feet. 

Width  of  one  sidewalk  on  the  east  side,  10  feet. 

Width  of  roadway  and  sidewalks  outside  of  approaches  shall  be 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

DETAILS  OF  SUBWAY  IN  SEVENTY-THIRD  STREET. 

The  depression  of  street  shall  not  exceed  5.1  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 1.9  feet  above  city  datum.  This  level  shall  extend  10  feet  be- 
yond the  east  portal  of  subway  and  on  the  west  10  feet  beyond  the 
west  portal  of  subway.  From  this  level  the  approaches  shall  extend 
on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a connection  with 
the  present  surface  of  street,  including  the  approach  in  Stewart  avenue. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks^  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway  and 
about  one  foot  above  the  level  of  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet. 

DETAILS  OF  SUBWAY  IN  SEVENTY-FOURTH  STREET. 

The  depression  of  street  shall  not  exceed  5.5  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 1. 1 feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet 
beyond  the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a con- 


§ 929]  L.  S.  6c  M.  S.  R’Y  CO.  AND  C. , R.  I.  & P.  R*Y  CO.  2129 

nection  with  the  present  surface  of  street,  including  the  approach  into 
Eggleston  avenue. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  12  feet 

DETAILS  OF  SUBWAY  IN  SEVENTY-FIFTH  STREET. 

The  depression  of  street  shall  not  exceed  6.6  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  9.2  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet 
beyond  the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a 
connection  with  the  present  surface  of  street,  including  the  approaches 
into  Goldsmith  avenue  and  Wright  avenue. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet  in  subway 

Width  of  sidewalks,  10  feet  each  in  subway. 

Width  of  roadway  and  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same. 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

Clear  head  room,  13  feet  6 inches. 

DETAILS  OF  SUBWAY  IN  SEVENTY-SIXTH  STREET. 

The  depression  of  street  shall  not  exceed  6.0  feet  below  the  present 
surface  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less 
than  10.0  feet  above  city  datum.  This  level  shall  extend  on  the  east 
10  feet  beyond  the  east  portal  of  subway,  and  on  the  west  10  feet 
beyond  the  west  portal  of  subway.  From  this  level  the  approaches 
shall  extend  on  a grade  of  not  to  exceed  3.5  feet  in  100  feet  to  a ccyi- 
nection  with  the  present  surface  of  street,  including  the  approaches 
into  Wright  avenue  and  Goldsmith  avenue. 

Width  between  walls  of  subway,  60  feet. 

Width  of  roadway,  40  feet  in  subway. 

Width  of  sidewalks,  10  feet  each  in  subway. 


2130 


RAILROADS TRACK  ELEVATION. 


Width  of  roadway  arid  sidewalks  outside  of  subway  shall  be  the 
same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadway, 
and  about  one  foot  above  the  level  of  the  same 

Two  lines  of  posts  may  be  placed  in  curb  lines  and  inside  thereof 
to  support  girders. 

The  face  of  the  abutments  of  diis  subway  to  be  located  on  the  lines 
determined  by  the  commissioner  of  public  works. 

Clear  head  room,  io  feet. 

^4.  Provisions  amended,  how,  powers  and  duties.]  § 3b.  All 

of  the  provisions  of  the  ordinance  of  July  9,  1894,  hereby  amended, 
shall  apply  to  all  things  provided  for  cind  embraced  in  this  ordinance, 
unless  otherwise  herein  specially  provided,  and  the  rights,  obligations, 
powers  and  duties  of  the  city  and  said  Chicago,  Rock  Island  and  Pa- 
cific Railroad  Company  shall  be  the  same  in  all  respects  as  if  said 
ordinance  of  July  9,  1894,  had  originally  contained  all  the  matters 
and  things  contained  in  this  ordinance,  and  said  ordinance  of  July 
9,  1894,  and  this  ordinance  shall  be  construed  together,  the  same  as 
if  both  had  been  contained  in  said  ordinance  hereby  amended. 

1 5.  Additional  work,  when  to  commence  and  terminate.]  § 3c. 
The  additional  work  provided  for  in  this  amendatory  ordinance,  shall 
be  commenced  not  later  than  August  1,  1899,  an<3  fully  finished  and 
completed  within  two  years  from  that  date. 

1"  6.  Light  for  subways.]  § 3d.  Said  railway  company  shall 
construct  the  necessary  appliances  and  perpetually  provide,  at  its  own 
expense,  a good  and  sufficient  light  for  each  of  the  subways  herein 
provided  for.  The  light  so  to  be  furnished  to  be  satisfactory  to  the 
commissioner  of  public  works  of  the  city  of  Chicago 

T 7.  Pipes,  change  of  location,  how  to  be  done.  ] § 3e.  If 

found  necessary  during  the  construction  of  said  subways  to  change 
the  location  of  the  water  pipes,  sewers  or  electrical  conduits  owned 
by  the  city  of  Chicago,  all  such  work  shall  be  done  by  the  said  rail- 
way company  at  its  own  cost  and  expense  and  according  to  the  direc- 
tion of  the  commissioner  of  public  works,  but  the  gradient  of  the 
sewers  shall  not  be  reduced  in  any  event. 

“ 1 8.  Opening  of  streets.  ] § 3f.  All  ordinances  heretofore 

passed  for  opening  streets  across  any  portion  of  the  right  of  way  of 
the  Chicago,  Rock  Island  and  Pacific  Railway  Company  mentioned 
in  this  ordinance,  where  the  tracks  are  required  to  be  elevated  as  in 
this  ordinance  provided,  are  hereby  repealed,  except  in  those  cases 
where  the  streets  ordered  opened,  have  already  in  fact  been  opened 
and  traveled,  and  have  become  a lawful  and  existing  highway  not 
hereby  vacated,  and  any  and  all  portions  of  any  streets,  alleys,  or  ave- 
nues, now  existing,  and  crossing  said  railway  within  the  limits  of  this 
ordinance  provided  for,  the  elevation  of  said  company’s  roadbed  is 
hereby  discontinued  and  vacated  within  the  limits  of  said  company’s 


9 29  J 


L.  S.  & M.  S.  R’Y  CO.  AN1)  C.,  R.  I.  & P.  R’Y  CO. 


2131 


right  of  way,  except  the  parts  of  streets,  alleys  or  avenues  hereby  re- 
quired to  be  occupied  by  subways. 

*[f  9.  Consideration — dedication  of  streets.]  § 3g.  In  con- 
sideration of  the  rights  and  privileges  hereby  granted  to  the  Chicago, 
Rock  Island  and  Pacific  Railway  Company  are  upon  the  conditions 
that  said  railway  company  shall,  within  six  months  after  the  passage  of 
this  ordinance,  procure  and  dedicate  for  the  purpose  of  a public  street, 
the  following  described  property,  namely: 

All  that  part  of  a tract  of  land  lying  northwest  of  and  adjoining 
block  four  (4)  of  Eggleston’s  second  subdivision,  being  the  north  half 
(N.  y2)  of  the  northeast  quarter  (N.  E.  — except  the  north  half 

(N.  y2)  of  the  north  half  (N.  y2)  of  the  north  half  (N.  -J)  of  the  north- 
east quarter  (N.  E.  y) — heretofore  subdivided,  of  section  twenty-eight 
(28),  township  thirty-eight  (38)  north,  range  fourteen  (14)  east  of  the 
third  (3)  principal  meridian,  lying  east  of  a straight  line  drawn  from 
the  northwest  corner  of  lot  twenty-one  (21)  of  block  four  (4)  afore- 
said, to  a point  of  intersection  with  the  south  line  of  West  Seventy- 
second  street,  forty  (40)  feet  at  right  angles  and  parallel  to  the  east- 
erly line  of  the  Chicago,  Rock  Island  and  Pacific  Railway  Company’s 
right  of  way. 

In  case  said  Chicago,  Rock  Island  and  Pacific  Railway  Company 
shall  be  unable  to  purchase  said  property,  or  any  part  thereof,  described 
in  this  section  at  a price  deemed  by  said  railway  company  to  be  reason- 
able, then  the  same  shall  be  condemned  by  the  city  of  Chicago  for 
street  purposes,  and  the  compensation  and  damages  awarded  in 
such  proceedings,  including  court  costs  and  all  other  expense  of  liti- 
gation that  may  be  incurred  in  such  condemnation  proceedings,  shall 
be  paid  by  said  Chicago,  Rock  Island  and  Pacific  Railway  Company, 
and  said  Chicago,  Rock  Island  and  Pacific  Railway  Company  shall 
have  the  right  to  take  part  in  said  condemnation  proceedings  in  behalf 
of  the  city  by  counsel  specially  employed  by  it,  and  shall  have  the 
right  to  have  all  witnesses  that  it  may  name  called  to  testify  in  said 
condemnation  proceedings. 

1 10.  When  in  force,  conditions.]  § 3I1.  This  ordinance  shall 
take  effect  from  and  after  its  passage,  approval  and  publication ; pro- 
vided. however,  that  the  same  shall  be  null  and  void  if  the  said  rail- 
way company  shall  not,  within  sixty  (60)  days  from  the  passage  of 
this  ordinance,  file  with  the  mayor  of  the  city  of  Chicago  an  agree- 
ment, duly  executed,  whereby  said  railwav  company  shall  undertake 
to  do  and  perform  all  the  matters  and  things  required  of  it  by  this 
ordinance.  After  the  filing  of  said  agreement,  as  aforesaid,  this  ordi- 
nance shall  be  binding  upon  the  city  and  said  railway  company,  and 
shall  not  be  materially  modified  or  amended  without  the  consent  of  said 
railway  company,  but  nothing  in  this  ordinance  contained  shall  be 
deemed  a waiver  or  surrender  of  the  police  powers  of  the  city,  or  tf> 

deprive  the  city  of  the  right  to  perpetually  exercise  such  powet. 


2132 


RAILROADS TRACK  ELEVATION. 


[§§  93°,  931 


§ 930.  Lake  Shore  and  Michigan  Southern  Railway  Company, 
and  Chicago,  Rock  Island  and  Pacific  Railway  Company. 

tf  1.  Amendment. 

If  2.  When  in  force. 

An  ordinance  amending  an  ordinance  passed  January  17,  1898,  relating  to  the 
elevation  of  the  tracks  of  the  Lake  Shore  & Michigan  Southern  Railway 
Company  and  the  Chicago,  Rock  Island  & Pacific  Railway  Company. 
(Passed  January  31,  1898.) 

T 1.  Amendment.  ] Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago.  § 1.  That  an  ordinance  passed  by  the  city 
council  of  the  city  of  Chicago  January  17,  1898,  and  published 
on  page  1347  of  the  council  proceedings,  to  amend  an  ordinance  re- 
lating to  the  elevation  of  the  tracks  of  the  Lake  Shore  and  Michigan. 
Southern  Railway  Company,  and  the  Chicago,  Rock  Island  and  Pa- 
cific Railway  Company,  be  and  the  same  is  herebv  further  amended  by 
striking  out  all  of  the  words  after  the  words  “Principal  Meridian,”  in 
the  19th  line,  down  to  and  including  the  word  “way.”  in  the  26th  line 
of  section  3g,  page  1351,  and  inserting  in  lieu  thereof  the  following: 
“Lying  west  of  a line  drawn  from  the  northwest  corner  of  lot  twenty- 
one  (21)  of  block  four  (4),  aforesaid,  to  a point  on  the  south  line  of 
West  Seventy-second  street,  forty  (40)  feet  easterly  from  the  easterly 
line  of  the  right  of  way  of  the  Chicago,  Rock  Island  and  Pacific  Rail- 
way Company,  measuring  at  right  angles  thereto.” 

1 2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 931.  Lake  Shore  and  Michigan  Southern  Railway  Company, 
and  Chicago,  Rock  Island  and  Pacific  Railway  Company. 

1.  Amendment. 

f 2.  When  in  force. 

An  ordinance  amending  an  ordinance  passed  January  17,  1898,  entitled  “An 
ordinance  requiring  the  Lake  Shore  & Michigan  Southern  Railway  Com- 
pany and  the  Chicago,  Rock  Island  & Pacific  Railway  Company  to  ele- 
vate the  plane  of  their  track  within  the  city  of  Chicago.  (Passed  March 
28,  1898.) 

•f  1.  Amendment.  ] Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago.  § 1.  That  an  ordinance  passed  by  the  city 
council  of  the  city  of  Chicago,  January  17,  1898,  and  published 
on  page  1347  of  the  council  proceedings,  to  amend  an  ordinance  en- 
titled “An  ordinance  requiring  the  Lake  Shore  and  Michigan  South- 
ern Railway  Company,  and  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  to  elevate  the  plane  of  certain  of  their  tracks  within 
the  city  of  Chicago,”  passed  by  the  city  council  of  said  city  of  Chi- 
cago July  9,  1894,  be  and  the  same  is  further  amended  by  inserting 
after  the  words,  “West  Seventy-second  street,”  at  the  end  of  the  thir- 
teenth line  of  the  clause  entitled  “Details  of  subway  in  Seventy-second 
street  and  Stewart  avenue,”  on  page  1349,  the  following: 


§ 932]  NORTHWESTERN  ELEVATED  RAILROAD  COMPANY.  2133 

Stewart  avenue  shall  be  diverted  as  follows:  On  the  north  of  Sev- 
enty-second street,  from  the  point  of  intersection  of  Stewart  avenue 
with  the  west  line  of  the  right  of  way  of  the  railway  company,  thence 
southwesterly  parallel  with  the  said  right  of  way  to  Seventy-second 
street,  giving  a street  as  herein  provided;  and  on  the  south  side  of 
Seventy-second  street  from  the  intersection  of  Stewart  avenue  with 
the  east  line  of  said  right  of  way  northeasterlv  to  Seventy-second 
street,  giving  a street  as  hereinafter  provided. 

The  abutment  walls  of  the  subway  in  Seventy-second  street,  on 
Stewart  avenue,  shall  be  constructed  as  follows* 

The  north  abutment  wall  of  subway  shall  commence  on  the  east, 
at  the  intersection  of  the  north  line  of  Seventy-second  street  with  the 
east  line  of  the  right  of  way  of  said  railway  company;  thence  proceed 
in  a northwesterly  direction  at  an  angle  of  19  degrees  22  minutes  to 
the  north  from  said  north  line  of  Seventy-second  street  to  intersect 
the  west  line  of  said  company’s  right  of  way;  and  the  south  abutment 
shall  be  constructed  parallel  to  said  north  abutment,  so  as  to  leave  a 
clear  opening  of  66  feet  between  the  walls  of  said  subway. 

And  also  by  striking  out  the  third  line  from  the  top  of  page  1349, 
right  hand  column,  and  also  the  seventh,  eighth  and  ninth  lines  from 
the  top  of  page  1349,  of  the  right  hand  column,  and  insert  in  lieu 
thereof  the  following: 

“Width  of  roadway  and  sidewalks  outside  of  subway  in  Seventy- 
second  street  shall  be  as  follows:  On  the  east  the  roadway  shall  be 
38  feet  wide,  sidewalks  each  14  feet  wide;  and  on  the  west  the  road- 
way 27  feet  wide,  and  cne  sidewalk  on  the  north  side  of  street  6 feet 
wide.” 

T 2.  When  in  force'.  ] § 2.  This  ordinance  shall  take  effect 
from'  and  after  its  passage 


NORTHWESTERN  ELEVATED  RAILROAD  COMPANY. 

§ 932.  Northwestern  Elevated  Railroad  Company. 

If  1.  Preamble. 

If  2.  Extension  granted. 

An  ordinance  granting  to  the  Northwestern  Elevated  Railroad  Company  an 
extension  of  time.  (Passed  December  29,  1897.) 

% 1.  Preamble.  ] Whereas,  The  Northwestern  Elevated  Rail- 
road Company  has  been  obstructed  in  the  construction  of  its  railroad 
by  various  legal  proceedings  for  more  than  two  years  last  past;  and, 
Whereas,  By  reason  of  such  legal  proceedings,  and  during  the 


2134 


RAILROADS TRACK  ELEVATION. 


pendency  thereof,  the  city  council  of  the  city  of  Chicago  did,  on  the 
13th  day  of  July,  1896,  by  an  ordinance  duly  passed,  extend  the  time 
for  the  construction,  equipment  and  operation  of  the  railroad  of  the 
said  company  to  December  31,  1897;  and, 

Whereas,  for  a long  time  after  such  extension,  such  legal  proceed- 
ings against  said  company  continued  to  delay  it  in  the  construction  of 
its  said  railroad,  and  so  continued  to  delay  the  said  construction  until 
October,  1896,  when  the  last  of  such  legal  proceedings  were  disposed 
of,  and  the  said  company,  without  fault  on  its  part  has  been  thereby 
deprived  of  more  than  two-thirds  of  the  time  granted  to  it  for  the 
construction  of  its  railroad. 

If  2.  Extension  granted.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago.  § 1.  That  the  period  of  time  granted 
to  the  Northwestern  Elevated  Railroad  Company  for  the  con- 
struction, equipment  and  operation  of  its  railroad  under  and  by  virtue 
of  sections  ten  and  twelve  of  a certain  ordinance  passed  by  the  city 
council  of  the  city  of  Chicago  on  the  8th  day  of  January,  1894,  and 
which  period  of  time  was  extended  to  December  31,  1897,  by  a cer- 
tain other  ordinance  passed  by  the  said  council  on  the  13th  day  of 
July,  1896,  be,  and  the  said  period  of  time  so  granted  and  extended 
for  the  construction,  equipment  and  operation  of  the  said  railroad,, 
is  hereby  further  extended  to  January  1,  A.  D.  1899. 


§ 933]  P->  C. , C.  & ST.  L.  r’y  CO.  AND  OTHER  COMPANIES.  2135 

PITTSBURG,  CINCINNATI,  CHICAGO  AND  ST.  LOUIS 
RAILWAY  COMPANY  AND  OTHER  COMPANIES. 

§ 933-  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway- 
Company,  the  Chicago  and  Northwestern  Railway  Company,  and  the 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company. 

IT  1.  Elevation  ordered. 

IT  2.  Manner  and  conditions  of. 
i 3.  Gradient. 

^ 4.  Gradient. 

i 5.  “Y”  tracks  permission  to  elevate  and  change, 
i 6.  Change  of  location, 
t 7.  Top  of  rail. 

II  8.  Removal  of  bridges,  viaducts,  etc. 

If  9.  Embankments,  material  of— manner  of  construction,  retain- 
ing walls,  etc. 

10.  Subways  and  bridges— at  intersecting  streets  avenues  and 
alleys. 

H 11.  Subways  to  be  constructed,  where. 
i 12.  Subway  by  whom  constructed, 
i 13.  SubwTay  at  Fulton  street, 
i 14.  Subways;  sizes  and  dimensions.  Schedule  of. 
i 15.  Grade  of  streets. 

II  16.  Vertical  curves,  approaches. 

II  17.  Depression  of  streets,  excavations. 

II  18.  Grade  of  streets  changed. 

H 19.  Receiving  basins,  drains. 

^ 20.  Subways  and  approaches,  how  paved. 

21.  Restoration  of  streets  and  sidewalks. 

If  22.  Roadway  pavement  of. 

II  23.  Street  Railways— grade  to  conform— without  claim  for  dam- 
ages. 

H 24.  Incidental  and  consequential  damages,  city  to  assume. 

H 25.  Superintendence  and  inspection. 

II  26.  Permission  to  obstruct  streets. 

IF  27.  Ordinances  as  to  speed,  cars,  gates,  signals,  watchmen  to 
cease. 

IF  28.  Building  of  additional  subways— opening  of  streets. 

H 29.  Requirements  as  to  elevated  railroad  crossing. 

IF  30.  Work,  when  to  commence— continuous  prosecution, 

H 31.  Negligence  or  failure  in  prosecuting  work,  notice, 

II  32.  Completion  of  work. 

H 33.  W'hen  in  force,  conditions. 

An  ordinance  requiring  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Rail- 
way Company,  the  Chicago  & Northwestern  Railway  Company,  and  the 
Chicago,  Milwaukee  & St.  Paul  Railway  Company  to,  respectively,  ele- 
vate the  plane  of  certain  of  their  railway  tracks  within  the  city  of  ChL 
cago.  (Passed  February  7,  1898.) 

IT  1.  Elevation  ordered.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § i.  The  Pittsburg,  Cincinnati,  Chi- 

cago and  St.  Louis  Railway  Company,  the  Chicago  and  Northwestern 
Railway  Company,  and  the  Chicago.  Milwaukee  and  St.  Paul  Rail- 
way Company,  are,  respectively,  hereby  ordered  and  required  to  ele- 
vate the  plane  of  their  roadbeds  and  tracks  within  certain  limits  of 
the  city  of  Chicago,  in  manner  and  upon  the  conditions  hereinafter 
specified,  that  is  to  say: 


2136 


RAILROADS TRACK  ELEVATION. 


[§  933 


If  2.  Manner  and  conditions  of.  ] Beginning  at  a point 
about  250  feet  north  of  Lake  street  on  the  existing  elevated  roadbeds 
and  tracks  of  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway 
Company,  and  the  Chicago  and  Northwestern  Railway  Company,  as 
provided  in  ordinance  passed  January  18,  1897  (pages  1440  to  1457, 
inclusive,  of  the  official  council  proceedings),  the  elevation  of  said  ele- 
vated roadbeds  and  tracks  at  said  initial  point  shall  not  be  less  than 
28.3  feet  above  Chicago  city  datum;  thence  said  elevated  roadbeds 
and  tracks  of  the  said  Pittsburg,  Cincinnati,  Chicago'  and  St.  Louis 
Railway  Company  and  the  Chicago  and  Northwestern  Railway  Com- 
pany shall  continue  in  a northerly  and  easterly  direction  on  a slightly 
ascending  gradient  for  a distance  of  about  1940  feet  to  a point  about 
on  the  west  line  of  Western  avenue,  where  an  elevation  of  not  less 
than  28.7  feet  above  city  datum  shall  be  attained;  thence  said  elevated 
roadbeds  and  tracks  of  said  Pittsburg,  Cincinnati,  Chicago  and  St. 
Louis  Railway  Company,  and  the  Chicago  and  Northwestern  Railway 
Company,  shall  continue  in  an  easterly  direction  on  a descending 
gradient  of  about  .05  per  centum  for  a distance  of  about  5340  feet  to 
a point  on  the  east  line  of  Ashland  avenue,  where  an  elevation  of  not 
less  than  26.05  feet  above  city  datum  shall  be  attained;  thence  said 
elevated  roadbed  and  tracks  of  said  last  above  mentioned  companies 
shall  continue  in  an  easterly  direction  and  may  descend  on  the  most 
suitable  gradient  convenient  and  practicable  to  said  railway  companies 
to  a connection  with  the  present  roadbed  and  tracks  at  a point  about 
on  the  west  line  of  North  Ada  street. 

If  3.  Gradient.  ] From  a point  on  the  proposed  elevated 
roadbed  and  tracks  of  the  Chicago  and  Northwestern  Railway  Company, 
on  the  west  line  of  Western  avenue,  the  proposed  elevated  roadbed  and 
tracks  of  the  Galena  division  of  said  Chicago  and  Northwestern  Rail- 
way Company  shall  descend  on  the  most  suitable  gradient  convenient 
and  practicable  to  said  railway  company  to  a connection  with  its  pres- 
ent roadbed  and  tracks. 

^ 4.  Gradient.  ] From  a point  on  the  proposed  elevat- 

ed roadbed  and  tracks  of  the  Pittsburg,  Cincinnati,  Chicago  and  St. 
Louis  Railway  Company  and  where  the  tracks  of  the  Chicago,  Milwau- 
kee and  St.  Paul  Railway  Company  connect  with  the  tracks  of  the  said 
Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway  Company  at  a 
point  about  250  feet  east  of  the  east  line  of  Western  avenue,  wherg 
the  elevation  of  said  elevated  roadbed  and  tracks  of  said  Pittsburg, 
Cincinnati.  Chicago  and  St.  Louis  Railway  Company  shall  not  be  less 
than  28.58  feet  above  city  datum;  thence  said  elevated  roadbed  and 
tracks  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway  Company 
shall  continue  in  a northwesterly  direction  and  on  a substantially  level 
grade  over  the  crossing  of  said  elevated  roadbed  and  tracks  of  the 
Chicago  and  Northwestern  Railway  Company  to  a point  on  the  west 
line  of  Western  avenue,  where  an  elevation  of  not  less  than  28.7  feet 


§ 933]  P-,  C->  C.  & ST.  L*  R V C0-  AND  OTHER  COMPANIES. 


2137 


above  city  datum  shall  be  attained;  thence  said  elevated  roadbed  and 
tracks  of  said  Chicago,  Milwaukee  and  St.  Paul  Railway  Company 
shall  descend  on  any  suitable  gradient  from  said  last  mentioned  point 
convenient  and  practicable  to  a connection  with  the  present  roadbed 
and  tracks  of  said  last  mentioned  railway  company. 

T 5.  “ Y ” tracks  — permission  to  elevate  and  change.  ] 
Permission  is  hereby  granted  to  all  of  the  railroad  companies  mentioned 
in  this  ordinance,  which  are  required  to  elevate  their  roadbed  and 
tracks,  to  elevate  their  “Y”  tracks,  and  to  make  such  changes  in  their 
location  and  alignment  as  said  railroad  companies  may  deem  neces- 
sary to  maintain  their  proper  connections  with  each  other’s  tracks. 

If  6.  Change  of  location.  ] Nothing  in  this  ordinance 
shall  prevent  the  various  companies  owning  their  tracks  mentioned 
herein  from  changing  the  location  of  said  tracks  by  the  mutual  agree-' 
ment  of  those  interested,  as  they  may  deem  necessary,  providing  that  no 
change  of  location  shall  be  made  that  will  prevent  the  separation  of 
the  grades  of  said  tracks,  as  contemplated  in  this  ordinance. 

The  railway  companies  named  in  this  ordinance  are  hereby  author- 
ized to  make  such  changes  in  the  position  and  alignment  of  their 
respective  main  and  side  tracks  and  switch  connections  as  may  be 
desirable  in  order  to  carry  out  the  provisions  of  this  ordinance. 

7.  Top  of  rail.  ] All  elevations  of  the  railroad  tracks 
in  this  ordinance  shall  refer  to  the  top  of  the  rail. 

If  8.  Removal  of  bridges,  viaducts,  etc.  ] If  any  bridge 
or  bridges,  viaduct  or  viaducts,  approach  or  approaches,  or  other  struc- 
ture or  structures  belonging  to  or  under  the  control  of  the  city  of 
Chicago,  in  any  street  or  avenue,  shall  be  found  by  said  commissioner 
of  public  works  to  constitute  an  obstruction  to  or  interfere  with  the 
work  of  constructing,  maintaining  or  using  the  elevated  structure  here- 
inbefore required,  the  said  commissioner  of  public  works  is  hereby 
authorized  and  directed  to  promptly  remove  the  same,  at  the  expense 
of  said  railroad  companies,  or  said  commissioner  of  public  works  may 
grant  to  said  railroad  companies  permission  to  use  the  material  in 
the  work  of  the  elevation  of  their  roadbed  and  tracks. 

T 9.  Embankments,  material  of— manner  of  construction,  re- 
taining walls,  etc.]  § 2.  The  embankment  or  embankments  on 
which  said  elevated  roadbeds  shall  be  constructed,  within  the  afore- 
said limits,  shall  be  composed  of  sand,  clay,  gravel,  loam,  broken  stone, 
or  whatever  else  may  compose  the  surplus  material  excavated  from 
the  subways  and  from  the  foundation  pits  and  trenches  along  the  line 
of  said  work.  The  side  slopes  and  lateral  dimensions  of  said  embank- 
ments will  be  fixed  and  determined  by  the  natural  angle  of  repose  of 
the  material  of  which  said  embankments  may  be  constructed,  but  when- 
ever it  may  become  necessary,  for  the  purpose  of  keeping  said  em- 
bankments entirely  within  the  lines  of  the  right  of  way  of  said  com- 
pany, such  proportions  of  said  embankments,  at  all  such  points,  shall 


2138 


RAILROADS TRACK  ELEVATION. 


be  kept  within  said  right  of  way  lines  by,  or  they  shall  be  confined 
between,  retaining  walls  of  stone  or  brick  masonry:  provided,  how- 
ever. that  whenever  said  retaining  walls  are  of  insufficient  height  to 
properly  protect  said  right  of  way,  and  to  prevent  trespassing  thereon, 
thence  said  retaining  walls  as  aforesaid  shall  be  surmounted  with  a 
suitable  fence  or  railing,  but  whenever  said  retaining  walls  are  not 
used  at  all,  the  right  of  way  of  said  company  shall  be  fenced  in,  or 
otherwise  properly  enclosed,  in  compliance  with  the  present  ordi- 
nances of  the  city  of  Chicago  relating  to  the  fencing  of  railroad  tracks. 

T10.  Subway  and  bridges  at  intersecting  streets,  avenues  and 
alleys.]  § 3.  The  said  elevated  tracks  shall  be  carried  across  all 

intersecting  streets,  avenues  and  alleys,  which  by  the  terms  of  this 
ordinance  are  to  be  provided  with  subways,  on  suitable  bridges  of  one, 
two  or  three  spans,  whose  superstructure  shall  consist  of  iron  or  steel 
girders,  with  iron  or  steel  main  floor,  or  ordinary  track  stringers;  but 
should  the  latter  method  be  adopted  some  suitable  device  shall  be  pro- 
vided to  prevent  storm  water,  dirt,  oil  and  other  substances  from  drop- 
ping from  such  elevated  structure  upon  the  subways  beneath.  The 
said  bridges  shall  be  supported  on  abutments  of  concrete,  stone  or 
brick  masonry,  or  on  rows  of  iron  or  steel  columns,  braced  together 
laterally  and  erected  on  and  anchored  to  masonry  foundations,  con- 
structed within  the  lines  of  the  railroad  right  of  way  and  in  the  curb 
lines  of  the  intersecting  avenues  and  streets. 

T 11.  Subways  to  be  constructed,  where.]  § 4-  Paragraph  1. 
-Subways  shall  be  constructed  beneath  the  tracks  of  the  Pittsburg,  Cin- 
cinnati. Chicago  and  St.  Louis  Railway  Companv.  and  the  Chicago 
and  Northwestern  Railway  Company,  where  said  tracks  are  inter- 
sected and  crossed  by  North  Western  avenue.  North  Oakley  avenue, 
North  Leavitt  street,  North  Hoyne  avenue.  North  Robev  street,  North 
Lincoln  street,  North  Wood  street,  North  Paulina  street  and  North 
Ashland  avenue. 

If  12.  Subways,  by  whom  constructed.]  Paragraph  2.  As  to 
subways  mentioned  in  section  4,  paragraph  i,of  this  ordinance, the  sub- 
way at  North  Western  avenue  shall  be  constructed  jointly  by  the  Pitts- 
burg, Cincinnati,  Chicago  and  St.  Louis  Railway  Company,  the  Chicago 
and  Northwestern  Railway  Company,  and  the  Chicago,  Milwaukee  and 
St.  Paul  Railway  Company;  and  the  subways  at  North  Oakley  ave- 
nue. North  Leavitt  street,  North  Hoyne  avenue.  North  Robey  street, 
North  Lincoln  street,  North  Wood  street,  North  Paulina  street  and 
North  Ashland  avenue  shall  be  constructed  jointly  by  the  Pittsburg, 
Cincinnati.  Chicago  and  St.  Louis  Railway  Company,  and  the  Chicago 
and  Northwestern  Railway  Company. 

^ 13.  Subways  at  Fulton  street.]  Paragraph  3.  Where  said 
elevated  roadbed  and  tracks  are  intersected  and  crossed  by  West  Ful- 
ton street,  on  the  new  elevated  grade  as  herein  described,  the  subway  in 
Fulton  street  shall  be  revised  and  shall  now  conform  to  the  following 


2139 


§ 933]  P.,  C.,  C.  & ST.  L.  R’Y  CO.  AND  OTHER  COMPANIES. 

dimensions  specified  and  other  particulars  set  forth  and  embodied  in 
section  4a  of  this  ordinance,  under  the  sub-heading  of  revised  subways 
in  West  Fulton  street. 

1 14.  Subways,  sizes  and  dimensions,  schedule  of.]  § 4a.  The 

several  subways  hereinbefore  referred  to  in  section  4 of  this  ordinance, 
and  which  shall  be  constructed  with  the  elevation  upon  which  such 
tracks  are  to  be  placed,  shall,  as  to  their  size  and  dimensions,  locations 
and  odier  details,  be  in  accordance  with  the  following  schedule: 
Subway  in  North  Western  avenue,  66  feet  wide,  under  the  Pittsburg, 

Cincinnati,  Chicago  and  St.  Louis  Railway.  Chicago  and  North- 
western Railway,  Chicago,  Milwaukee  and  St.  Paul  Railway. 

The  depression  of  street  shall  not  exceed  3.8  feet  below  the  estab- 
lished grade  of  street,  making  the  elevation  of  the  floor  of  subway 
not  less  than  14.2  feet  above  city  datum.  This  level  shall  extend  on 
the  north  to  the  north  curb  line  of  Kinzie  street,  and  on  the  south  16 
feet  beyond  the  south  portal  of  subway.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.8  feet  in  100  feet 
to  a connection  with  the  present  surfaces  of  North  Western  avenue 
and  Kinzie  street,  and  the  south  approach  shall  extend  on  a grade  of 
not  to  exceed  3.5  feet  in  100  feet  to  a connection  with  the  present 
surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet. 

The  width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways. 

Clear  head  room,  13  feet. 

Subway  in  North  Oakley  avenue,  66  feet  wide,  under  the  Pittsburg, 

Cincinnati,  Chicago  and  St.  Louis  Railway,  Chicago  and  North- 
western Railway. 

The  depression  of  street  shall  not  exceed  2.1  feet  below  the  estab- 
lished grade  of  street,  making  the  elevation  of  the  floor  of  subway  not 
less  than  14.9  feet  above  city  datum.  This  level  shall  extend  on  the 
north  to  north  curb  line  of  Kinzie  street,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subwav.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
-to  a connection  with  the  present  surfaces  of  North  Oakley  avenue 
and  Kinzie  street,  and  the  south  approach  shall  extend  on  a grade 
of  not  to  exceed  3.0  feet  in  100  feet,  to  a connection  with  the  present 
surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks.  10  feet 

The  width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall 
be  the  same  as  thev  now  exist. 


2140  RAILROADS TRACK  ELEVATION.  [§  93? 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways. 
Clear  head  room,  12  feet. 

Subway  in  North  Leavitt  street,  66  feet  wide,  under  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway,  Chicago  and  North- 
western Railway. 

The  depression  of  street  shall  not  exceed  2.4  feet  below  the  estab- 
lished grade  of  street  making  the  elevation  of  the  floor  of  subway  not 
less  than  14.6  feet  above  city  datum.  This  level  shall  extend  on  the 
north  to  the  north  curb  line  of  Kinzie  street,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surfaces  of  North  Leavitt  street  and 
Kinzie  street,  and  the  south  approach  shall  extend  on  a grade  of  not 
to  exceed  3.0  feet  in  100  feet  to  a connection  with  the  present  surface 
of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet. 

The  width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalk  shall  be  uniform  with  the  roadways. 
Clear  head  room,  12  feet. 

Subway  in  North  Hoyne  avenue,  66  feet  wide,  under  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway,  Chicago  and  North- 
western Railway. 

The  depression  of  street  shall  not  exceed  2.7  feet  below  the  estab- 
lished grade  of  street  making  the  elevation  of  the  floor  of  subway  not 
less  than  14.3  feet  above  city  datum.  This  level  shall  extend  on  the 
north  to  the  north  curb  line  of  Kinzie  street,  and  on  the  south 
10  feet  beyond  the  south  portal  of  subway.  From  this  level  the  north 
approach  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surfaces  of  North  Floyne  avenue  and 
Kinzie  street,  and  the  south  approach  shall  extend  on  a grade  of  not 
to  exceed  3.0  feet  in  100  feet,  to  a connection  with  the  present  surface 
of  street 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet 
Width  of  sidewalks,  10  feet. 

Width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall  be  the 
same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways. 
Clear  head  room,  12  feet 

Subway  in  North  Robey  street,  66  feet  wide,  under  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway.  Chicago  and  North- 
western Railway. 

The  depression  of  street  shall  not  exceed  3.1  feet,  below  the  estab- 


2141 


§ 933]  P*>  C‘>  c-  & ST*  L>  R’Y  c0-  AND  0THER  COMPANIES. 

lished  grade  of  street,  making  the  elevation  of  the  floor  of  subway  not 
less  than  13.0  feet  above  city  datum.  This  level  shall  extend  on  the 
north  to  north  curb  line  of  Kinzie  street;  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet, 
to  a connection  with  the  present  surfaces  of  North  Robey  street  and 
Kinzie  street;  and  the  south  approach  shall  extend  on  a grade  of  not 
to  exceed  3.0  feet  in  100  feet  to  a connection  with  the  present  surface 
of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet 
Width  of  sidewalks,  10  feet 

The  width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways. 
Clear  head  room,  13  feet. 

Subway  in  North  Lincoln  street,  66  feet  wide,  under  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway,  Chicago  and  North-* 
western  Railway 

The  depression  of  street  shall  not  exceed  2.4  feet  below  the  present 
grade  of  street,  making  the  elevation  of  the  floor  of  subway  not  less 
than  13.6  feet  above  city  datum.  This  level  shall  extend  on  the  north 
to  the  north  curb  line  of  Kinzie  street,  and  on  the  south  10  feet  beyond 
the  south  portal  of  subway.  From  this  level  the  north  approach  shall 
extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet  to  a connection 
with  the  present  surfaces  of  North  Lincoln  street  and  Kinzie  street, 
and  the  south  approach  shall  extend  on  a grade  of  not  to  exceed  3.0 
feet  in  100  feet  to  a connection  with  the  present  surface  of  street. 
Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet. 

The  width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall 
be  the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways. 
Clear  head  room,  12  feet. 

Subway  in  North  Wood  street,  66  feet  wide,  under  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway,  Chicago  and  Norths 
western  Railway. 

The  depression  of  street  shall  not  exceed  2.7  feet  below  the  estab- 
lished grade  of  street,  making  the  elevation  of  the  floor  of  subway  not 
less  than  13.3  feet  above  city  datum.  This  level  shall  extend  on  the 
north  to  north  curb  line  of  Kinzie  street,  and  on  the  south  10  feet 
beyond  the  south  porral  of  subway.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  feet 
to  a connection  with  the  present  surfaces  of  North  Wood  street  and 
Kinzie  street,  and  the  south  approach  shall  extend  on  a grade  not 


2142  RAILROADS TRACK  ELEVATION.  [§  933 

to  exceed  3.0  feet  in  100  feet  to  a connection  with  the  present  surface, 
of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet. 

The  width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall 
be  the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways. 
Clear  head  room,  13  feet. 

Subway  in  North  Paulina  street,  66  feet  wide,  under  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway,  Chicago  and  North- 
western Railway. 

The  depression  of  street  shall  not  exceed  3.0  feet  below  the  estab- 
lished grade  of  street,  making  the  elevation  of  the  floor  of  subway  not 
less  than  13.0  feet  above  city  datum'.  This  level  shall  extend  on  the 
north  to  the  north  curb  line  of  Kinzie  street,  and  on  the  south  xo 
feet  beyond  the  south  portal  of  subway.  From  this  level  the  north 
approach  shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100 
feet  to  a connection  with  the  present  surfaces  of  North  Paulina  street 
and  Kinzie  street,  and  the  south  approach  shall  extend  on  a grade 
of  not  to  exceed  3.0  feet  in  100  feet  to  a connection  with  the  present 
surface  of  street. 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet 
Width  of  sidewalks,  10  feet. 

Width  of  roadway  and  sidewalks  in  West  Kinzie  street  shall  be 
the  same  as  they  now  exist 

The  depression  of  sidewalks  shall  be  uniform'  with  roadways. 
Clear  head  room,  12  feet. 

Subway  in  North  Ashland  avenue,  66  feet  wide,  under  the  Pittsburg, 
Cincinnati,  Chicago  and  St.  Louis  Railway,  Chicago  and  North- 
western Railway. 

The  depression  of  street  shall  not  exceed  3.9  feet  below  the  estab- 
lished grade  of  street,  making  the  elevation  of  the  floor  of  subway  not 
less  than  11.6  feet  above  city  datum.  This  level  shall  extend  on  the 
north  to  north  curb  line  of  Kinzie  street,  and  on  the  south  10  feet 
beyond  the  south  portal  of  subway.  From  this  level  the  north  ap- 
proach shall  extend  on  a grade  of  not  to  exceed  3.0  feet  in  100  teet 
to  a connection  with  the  present  surfaces  of  North  Ashland  avenue 
and  Kinzie  street,  and  the  south  approach  shall  extend  on  a grade 
of  not  to  exceed  3.0  feet  in  100  feet  to  a connection  with  the  present 
surface  of  street 

Width  between  walls  of  subway,  66  feet. 

Width  of  roadway,  46  feet. 

Width  of  sidewalks,  10  feet. 


2143; 


§ 933]  P->  C‘>  c-  & ST-  L-  R’Y  C0*  AND  OTHER  COMPANIES. 

Width  of  roadway  and  sidewalks  In  West  Kinzie  street  shall  be.- 
the  same  as  they  now  exist. 

The  depression  of  sidewalks  shall  be  uniform  with  the  roadways. 

Clear  head  room,  13  feet. 

revised. 

Subway  in  Fulton  street,  66  feet  wide,  under  the  Pittsburg,  Cincin- 
nati, Chicago  and  St.  Louis  Railway,  Chicago  and  Northwestern 

Railway. 

The  depression  of  street  shall  not  exceed  4-4  feet  below  the  original 
grade  of  tracks,  making  the  elevation  of  the  floor  of  subway  not  less, 
than  15.0  feet  above  city  datum.  This  level  shall  extend  10  feet  beyond 
portal  of  subway  at  each  end  thereof.  From  this  level  the  approaches 
shall  extend  on  a grade  of  3.5  feet  in  100  feet  in  Fulton  street  to  the 
intersection  with  the  present  surface  of  street. 

The  width,  of  streets  and  sidewalks  shall  be  the  same  as  now  exists, 
and  a line  of  posts  will  be  placed  at  each  curb  line  and  inside  thereof 
in  sub  wav  to  support  girders. 

The  depression  of  sidewalks  shall  be  uniform  and  level  with  the 
center  of  roadway. 

Clear  head  room,  12  feet. 

15.  Grade  of  streets.]  § 4b.  The  grade  of  east  and  west 
streets  that  intersect  the  approaches  to  subway,  as  described  in  sec- 
tion 4a  of  this  ordinance,  shall  be  depressed  so  as  to  conform  to  the 
grade  of  the  approaches  into  such  subways. 

1 16.  Vert  .cal  curves,  approaches.!  § 4c.  In  the  several  sub- 
ways mentioned  in  this  ordinance,  there  shall  be  constructed  a vertical 
curve  where  the  head  of  approaches  connects  with  the  present  grade 
of  street;  and  said  vertical  curve  shall  extend  not  less  than  20  teet 
each  side  of  said  intersection  of  grades,  and  the  middle  ordinate  of 
the  vertical  curve  shall  be  equal  to  oqe-half  of  the  difference  between 
the  elevation  of  the  points  on  said  intersecting  grades. 

% 17.  Depression  of  street,  excavations.]  § 5.  All  such  ex- 
cavations shall  be  made  in  the  streets  as  may  be  required  for  the  de- 
pression of  such  subways  and  the  approaches  thereto  But  the  de- 
pressed portion  of  the  streets  shall  be  restored  to  serviceable  condi- 
tion for  the  use  of  the  public  as  soon  as  practicable,  and  all  water  pipes, 
conduits,  sewers  and  other  similar  substructures  belonging  to  the  city 
that  may  be  disturbed  by  such  excavations  or  required  to  be  moved 
or  deflected  from  the  position  in  which  they  are  found,  shall  be  re- 
placed, or  suitable  expedients  and  arrangements  shall  be  devised  and 
provided  to  restore  them  as  fully  as  mav  be  to  their  former  state  of 
usefulness,  but  the  gradients  'of  the  sewers  shall  not  be  reduced  in 
any  event.  All  such  work  shall  be  done  by  the  respective  railroad 
companies,  as  indicated  in  section  4a,  and  at  their  sole  expense,  and 
under  the  immediate  supervision  and  to  the  satisfaction  of  the  com- 
missioner of  public  works  of  the  city  of  Chicago. 


2144 


RAILROADS TRACK  ELEVATION. 


[§  933 


% 18.  Grade  of  streets  changed.]  § 6.  The  grades  of  all  the 
streets  and  alleys  in  which  any  subways  are  to  be  built,  in  accordance 
with  the  provisions  of  this  ordinance,  or  where  streets  shall  be  de- 
pressed in  accordance  with  the  provisions  of  this  ordinance  along  the 
line  of  the  several  subways,  shall  be  and  the  same  are  hereby  changed 
so  as  to  conform  to  the  grades  of  such  subways,  as  they  shall  be  de- 
pressed and  constructed  pursuant  to  the  provisions  of  this  ordinance. 

1 19.  Eeceiving  basins,  drains.]  § 7.  Provision  shall  be 
made  for  the  drainage  oi  the  several  depressed  subways  provided  tor 
in  this  ordinance  by  the  construction  of  receiving  basins  properly 
located  in  or  immediately  adjacent  to  said  subways,  which  said  re- 
ceiving basins  shall  be  connected  with  and  discharge  their  contents 
into  the  adjacent  city  sewers.  In  case  the  lowest  point  of  the  surface 
of  any  of  said  subways  should  be  below  the  grade  of  the  adjacent 
sewer,  some  other  adequate  means  of  drainage  satisfactory  to  the 
commissioner  of  public  works  must  be  devised  and  provided  by  said 
railroad  companies  at  their  expense. 

T 20.  Subways  and  approaches,  how  paved.]  § 8.  Para- 
graph 1.  The  subways  and  the  approaches  thereto,  so  to  "be  con- 
structed by  said  companies  in  said  streets  and  avenues  aforesaid,  shall 
all  conform  to  the  following  structural  requirements,  namely:  The 

roadways  shall  be  paved  with  a single  course  of  vitrified  brick  of 
standard  quality,  laid  a:  right  angles  with  the  curb  lines  and  set  upon 
a solid  foundation  of  hydraulic  cement  concrete  of  not  less  than  six 
(6)  inches  thick  or  deep  when  solidly  tamped  in  place  and  otherwise 
finished  and  properly  crowned  ready  for  the  brick  wearing  surface, 
between  which  and  the  concrete  there  shall  be  interposed  a layer  of 
screened  sand  not  less  than  one-half  inch  thick.  The  curb  shall  be 
of  sound,  hard  limestone,  of  standard  dimensions  and  finish,  and  the 
sidewalks  in  subways  shall  be  finished  and  paved  with  Portland  cement 
concrete  of  standard  quality  and  workmanship,  and  with  the  curbing 
and  roadway  paving  shall  be  made,  finished  and  put  in  permanent 
place  in  accordance  with  the  requirements  of  the  department  of  public 
works  of  the  city  of  Chicago.  The  approaches  of  subways  shall  be 
in  all  other  respects  restored  as  near  as  may  be  to  their  condition 
before  being  so  excavated. 

IT  21.  Restoration  of  streets  and  sidewalks.]  Paragraph  2. 
As  to  streets  in  this  section  mentioned,  which  are  already  paved  or  pro- 
vided with  sidewalks,  such  paving  and  sidewalks  shall  be  restored 
with  the  present  material,  when  the  same  is  in  good  condition,  by 
said  railroad  company  or  companies,  at  their  own  expense,  in  such 
portions  of  said  streets  as  are  required  to  be  constructed  by  said  com- 
pany or  companies,  except  that  said  railway  company  or  companies  are 
not  required  to  restore  any  part  of  the  paving  of  approaches  or  sub- 
ways, which  will  be  the  duty  of  any  street  railway  company,  or  other 
corporation,  itself  to  restore  under  existing  laws  or  ordinances. 


2145 


§ 933]  P->  C->  C-  & ST*  L-  R Y C0'  AND  0THER  COMPANIES. 

«[  22.  Roadway — pavement  of.]  Paragraph  3.  Said  company 
or  companies  shall  pave  the  entire  length  and  width  of  the  roadway  in 
such  portions  of  the  subways  as  are  required  to  be  constructed  by  said 
company  or  companies  as  is  mentioned  in  this  ordinance,  except  that 
such  company  or  companies  as  shall  be  required  to  pave  any  part  of 
the  subways  to  be  occupied  by,  or  adjacent  to  street  railway  tracks, 
which  by  reason  of  existing  laws  or  ordinances  it  will  be  the  duty 
of  any  street  railway  company,  or  other  corporation,  itself  to  pave. 

T 23.  Street  railways,  grade  to  conform  — without  claim 
for  damage,  j Paragraph  4.  Any  street  railway  company  occupying 
any  of  the  streets  in  the  city  of  Chicago  crossed  by  said  elevated  railway 
shall,  when  and  as  the  grade  of  such  street  shall  be  changed  as  in  this 
ordinance  provided,  at  its  own  expense,  without  claim  for  damages, 
conform  the  grade  of  its  track  or  tracks  to  the  said  change  of  grade 
of  said  streets,  and  nothing  in  this  ordinance  shall  operate  to  be  held 
to  relieve  such  street  railway  companies  from  any  liability  now  exist- 
ing, however  created,  to  pave  or  bear  the  expense  of  paving  such 
streets  between  or  on  either  side  of  its  said  tracks,  in  the  manner 
and  form  as  now  required 

If  *24.  Incidental  and  consequential  damages,  city  to  assume.] 
Paragraph  5.  Nothing  in  this  ordinance  contained  shall  be  so  construed 
as  to  require  the  said  railway  companies,  or  either  of  them,  to  assume 
or  pay  any  incidental  or  consequential  damages  to  adjacent  property 
or  business  caused  by  the  passage  and  enforcement  of  this  ordinance, 
or  by  the  excavation,  depression  or  change  of  grade  made  in  any 
of  the  public  avenues,  streets  or  alleys,  to  defend  any  suit  or  suits, 
which  may  be  brought  against  any  party  or  parties  for  the  recovery 
of  any  such  damages;  but  it  is  understood  that  all  such  damages,  if 
there  are  any,  shall  be  adjusted  and  paid  by  the  city  of  Chicago,  and 
said  city  will  assume  the  defense  of  any  and  all  suits  brought  for  the 
recovery  of  the  same,  intervening  therein,  if  necessary,  for  such  pur- 
pose, and  will  wholly  relieve  said  railway  companies  from  defending 
the  same,  and  will  assume  and  pay  all  judgments  recovered  therein. 
The  above  stipulations  in  this  paragraph  contained  are,  however, 
upon  the  condition  precedent  that  in  case  any  suit  be  brought  against 
any  of  the  said  companies,  said  company  will,  at  least  five  (5)  days 
before  the  return  day  of  the  summons  therein,  give  notice  in  writing 
of  such  suit  and  of  such  service  to  the  mayor  and  the  corporation 
counsel  of  said  city  for  the  purpose  of  enabling  such  defense  to  be 
made  by  the  city. 

H 25.  Superintendence  and  inspection.]  § 9.  All  the  work 
hereinbefore  in  this  ordinance  required  to  be  done  by  said  company 
or  companies  upon,  or  in  connection  with,  the  public  avenues  and. 
streets  of  the  city  shall  be  done  and  performed  under  the  superintend- 
ence and  subject  to  the  inspection  and  approval  of  the  commissioner 
of  public  works  of  said  city.  At  least  ten  (10)  days  prior  to  the  com- 

134 


2146 


RAILROADS TRACK  ELEVATION. 


[§  934 


mencement  of  any  part  of  such  work  the  plans  and  specifications 
therefor  shall  be  submitted  to  said  commissioner  of  public  works  for 
his  examination,  and  if  found  to  be  in  accordance  with  the  provisions 
of  this  ordinance  in  so  far  as  this  ordinance  contains  specific  provis- 
ions, and  in  the  absence  of  such  specific  provisions,  if  they  shall  be 
satisfactory  to  the  commissioner  of  public  works  in  regard  to  mat- 
ters and  details,  which  by  this  ordinance  are  left  to  his  discretion  and 
judgment,  such  plans  shall  be  approved  by  him,  and  after  such  ap- 
proval all  of  the  work  outlined  and  included  therein  shall  be  con- 
structed in  strict  conformity  therewith. 

1 26.  Permission  to  obstruct  streets.]  § io.  Permission  and 
authority  are  hereby  given  to  said  companies,  whenever  the  same  shall 
be  necessarv  in  the  prosecution  of  the  work  they  are  herein  author- 
ized or  required  to  perform,  to  obstruct,  temporarily,  any  public 
street,  avenue  or  alley  to  such  extent  and  for  such  length  of  time  as 
may  be  approved  by  the  commissioner  of  public  works,  and  they  are 
also  hereby  authorized,  whenever  the  same  shall  become  necessary, 
to  erect  and  maintain  temporary  structures  and  false  work  in  any  of 
said  streets  and  avenues  during  the  construction  of  their  said  elevated 
railroads,  subject  to  the  like  approval  of  said  commissioner  of  public 
works. 

T 27.  Ordinances  as  to  speed,  cars,  gates,  signals,  watchmen, 
to  cease.]  § n When  the  said  several  railroads,  in  section  i of 
this  ordinance  mentioned,  shall  have  elevated  their  respective  tracks 
in  accordance  with  this  ordinance,  so  that  the  same  shall  be  ready  tor 
use,  then  and  thereupon  all  provisions  of  the  ordinances  of  the  city  of 
Chicago  relating  to  the  speed  of  railway  trains,  the  number  of  cars 
to  constitute  a train,  and  the  maintenance  of  gates,  flagmen,  watch- 
men. signals  and  signal  towers,  shall  cease  to  be  applicable  to  said 
railroads:  provided,  however,  this  ordinance  is  not  to  be  construed 
as  a waiver  or  surrender  by  the  city  of  Chicago  of  any  of  its  police 
powers  or  of  the  right  at  any  time  hereafter  to  pass  necessary  and 
reasonable  police  ordinances  in  relation  to  the  matters  last  above 
enumerated.  After  such  elevation  it  shall  be  unlawful  for  any  person 
or  persons,  save  employes  of  said  companies,  or  either  of  them,  in  the 
discharge  of  their  duties,  to  enter  or  be  upon  or  to  walk  along  or 
across  the  said  elevated  structure  or  roadwav  at  anv  place.  If  any 
person  shall  wilfully  trespass  upon  said  elevated  roadway,  such  person 
and  all  others  aiding,  abetting  or  assisting  therein  shall  be  liable  to 
a fine  of  not  less  than  five  dollars  nor  more  than  one  hundred  dollars 
for  each  and  every  offense 

1 28.  Building  of  additional  subways  — opening  of  streets.] 

§ 12  In  consideration  of  the  acceptance  of  this  ordinance  by  said 
railroad  and  railway  companies,  the  city  undertakes  and  agrees  that 
it  will  not  hereafter  require  or  attempt  to  compel  said  railroad  and 
railway  companies  at  their  expense  to  build  any  additional  or  other 


§ 933]  P-,  c*>  C*  & ST-  L-  R Y C0-  AND  OTHER  COMPANIES.  2147 

subways  than  those  in  this  ordinance  provided  for.  But  it  is  hereby 
agreed  that  if  the  city  of  Chicago  shall,  at  any  time  hereafter  open  and 
extend  any  street  or  streets,  or  avenues  or  alleys,  by  means  of  sub- 
ways only  across  the  right  of  way  and  lands  and  yards  of  said  com- 
panies, and  in  such  case  no  claim  for  compensation  on  account  of 
land  taken  for  right  of  way  of  such  street  or  streets,  avenue  or  alleys, 
will  be  made  by  said  railroad  companies,  and  such  waiver  of  compen- 
sation shall  attach  to  and  run  with  such  land  in  the  hands  of  any 
grantee  or  grantees  of  such  railroad  company  or  companies,  but  the 
sole  cost  and  expense  of  the  construction  of  such  subways  and  of 
such  bridges  as  may  be  necessary  to  carry  all  the  tracks  on  said 
companies’  lands  and  right  of  way  and  yards,  and  over  said  highways, 
shpuld  be  borne  and  paid  by  the  said  city  of  Chicago,  without  expense 
to  said  railroad  companies  mentioned  in  this  ordinance;  and  in  no 
case  shall  any  such  bridge  over  such  subway  or  subways  so  to  be  built 
be  inferior  in  any  regard  to  the  bridges  to  be  built  by  the  railroad 
company  across  streets  provided  for  in  this  ordinance.  The  work  of 
such  construction  shall  be  done  by  the  railroad  company  interested, 
and  the  amount  to  be  paid  by  the  city  for  such  work  and  construction 
shall  not  exceed  the  actual  and  reasonable  cost  thereof.  Said  bridges, 
respectively,  shall  support  all  the  tracks  of  said  company  then  existing 
and  in  use  across  the  lines  of  such  proposed  street  or  streets  at  the 
time  of  the  construction  of  such  subway  across  such  right  of  way  or 
yards  of  said  railroad  companies.  But  said  railroad  companies  shall 
not  be  required  to  do  any  work  towards  the  construction  of  any  such 
subway  until  the  cost  thereof,  as  may  be  estimated  by  the  city  engin- 
eer and  chief  engineer  of  said  railroad  company  or  companies,  first 
shall  have  been  paid  over  to  said  company  or  companies,  or  deposited 
in  some  responsible  bank  for  its  or  their  benefit  and  to  be  paid  over 
to  it  or  them  at  once  upon  the  completion  of  said  work.  The  grade 
of  the  roadbed  and  tracks  of  said  company  or  companies  shall  be  and 
remain  at  the  grade  hereinbefore  specified. 

If  29.  Requirements  as  to  elevated  railroad  crossing.]  § 13. 

The  elevation  of  the  roadbed  and  tracks  of  the  Pittsburg,  Cincinnati, 
Chicago  and  St.  Louis  Railway  Company,  the  Chicago  and  North- 
western Railway  Company,  as  required  by  the  provisions  of  this  ordi- 
nance, and  the  use  and  operation  of  said  tracks,  when  so  elevated, 
being  impracticable,  unless  and  until  the  roadbed  and  tracks  of  the 
elevated  railroad  built  by  the  Metropolitan  West  Side  Elevated  Rail- 
road Company,  which  elevated  railroad  crosses  above  and  over  th*c 
last  named  railway  companies’  tracks,  between  Paulina  and  Wood 
streets,  shall  be  raised  at  the  crossing  to  a sufficient  height  above  the 
elevated  tracks  of  said  last  above  mentioned  companies,  to  prevent 
any  obstruction  to,  or  interference  with,  the  construction,  mainte- 
nance, use  and  operation  of  such  elevated  tracks.  Said  Metropolitan 
West  Side  Elevated  Railroad  Company  is  hereby  ordered  and  required 


2148 


RAILROADS TRACK  ELEVATION. 


[§  934 


to  elevate  the  plane  of  the  roadbed  and  tracks  of  its  said  elevated 
railroad  at  said  crossing,  aforesaid,  to  such  height  above  the  roadbed 
and  tracks  of  the  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Rail- 
way Company,  the  Chicago  and  Northwestern  Railway  Company, 
when  raised  to  the  elevation  herein  required,  that  there  shall  be  a min- 
imum clearance  of  headway  of  not  less  than  seventeen  (17)  feet  be- 
tween the  elevated  tracks  of  said  last  named  railway  companies  at 
the  lowest  part  of  the  overhead  structure  of  said  Metropolitan  West 
Side  Elevated  Railroad;  the  tracks  of  said  elevated  railroad  company 
on  each  side  of  said  crossing  to  be  adjusted  to  connect  with  the  tracks 
laid  upon  the  overhead  structure  at  said  crossing  in  such  a manner 
and  using  such  gradients  as  said  elevated  railroad  company  shall  deem 
proper.  Said  Metropolitan  West  Side  Elevated  Railroad  Company 
shall  begin  the  elevation  of  its  road  at  said  crossing  as  soon  as  reason- 
able after  all  other  railroad  companies  mentioned  in  this  section  have 
filed  with  the  mayor  of  Chicago  their  agreements  referred  to  in  sec- 
tion 17  of  this  ordinance.  The  work  of  such  elevation  shall  be  fully 
and  finally  completed  within  ninety  (90)  days  after  such  acceptance 
shall  be  filed  by  all  of  said  above  mentioned  railway  companies,  and  in 
case  of  failure  or  default  on  part  of  said  Metropolitan  West  Side  Ele- 
vated Railroad  Company,  its  successors  or  assigns,  to  complete  the 
work  and  construction  of  such  elevation  within  the  period  of  ninety 
(90)  days  from  and  after  the  acceptance  of  this  ordinance  by  all  of 
said  above  mentioned  railway  companies  mentioned  in  this  section, 
said  company  shall  pay  to  the  city  of  Chicago  as  assessed,  agreed  and 
liquidated  damages,  the  sum  of  two  hundred  ($200)  dollars  per  day 
for  each  and  every  day  that  such  default  shall  continue,  and  such  ele- 
vation of  the  structure  and  tracks  of  said  Metropolitan  West  Side 
Elevated  Railroad  shall  remain  unfinished , and  incomplete,  it  being 
agreed  that  the  said  sum  of  two  hundred  ($200)  dollars  per  day  is  not 
a penalty,  but  is  the  actual  amount  of  damages  that  will  be  sustained 
by  the  city  of  Chicago  through  any  such  default  on  the  part  of  said 
Metropolitan  West  Side  Elevated  Railroad  Company:  but  the  fore- 
going provisions  in  relation  to  the  payment  of  said  damages  shall  not 
be  in  any  way  held  to  interfere  with  the  rights  to  be  derived  by  the 
city  under  the^provisions  contained  in  section  14  of  this  ordinance; 
but  shall  be  deemed  and  construed  as  an  additional  remedy  in  behalf 
of  the  city  in  case  of  default  on  the  part  of  said  Metropolitan  West 
Side  Elevated  Railroad  Company.  The  time  of  delav.  if  any,  occa- 
sioned by  strikes,  riots  or  unavoidable  accidents,  shall  be  added  to  the 
ninety  (90)  davs  above  provided  for  the  completion  of  said  work. 

T 30.  Work,  when  to  commence;  continuous  prosecution.] 

§ 14.  The  Pittsburg,  Cincinnati,  Chicago  and  St.  Louis  Railway 
Company,  the  Chicago  and  Northwestern  Railway  Company  and  the 
Chicago,  Milwaukee  and  St.  Paul  Railway  Company,  who  are  re- 
quired to  elevate  their  tracks,  shall  commence  the  work  of  such  eleva- 


§ 933]  P.,  c->  C.  & ST.  L-  R’Y  CO.  AND  OTHER  COMPANIES.  2149 

lion  at  once,  whenever  the  Metropolitan  West  Side  Elevated  Railroad1 
Company’s  elevated  road  shall  be  raised  at  the  crossing  of  that  road, 
over  the  proposed  elevated  tracks  of  the  Pittsburg,  Cincinnati,  Chicago 
and  St.  Louis  Railway  Company  and  the  Chicago  and  Northwestern 
Railway  Company,  to  the  elevation  required  by  section  13  of  this  ordi- 
nance; Provided,  this  ordinance  shall  have  been  accepted  by  the  said 
above  mentioned  railroad  companies  hereby  required  to  elevate  their 
tracks. 

After  such  work  has  commenced  the  same  shall  be  prosecuted  con- 
tinuously, and  with  all  practical  diligence,  and  shall  be  fully  and  finally 
completed  on  or  before  the  thirty-first  day  of  December,  1900,  unless 
prevented  by  strikes,  or  restrained  by  injunction  or  other  order  or 
process  of  a court  of  competent  jurisdiction. 

The  time  during  which  said  railroad  companies  shall  be  prevented 
by  strike  or  strikes  or  legal  proceedings,  as  aforesaid,  shall  be  added 
to  the  time  hereby  limited  for  the  completion  of  said  work;  Provided, 
said  railroad  companies  give  notice  to  the  corporation  counsel  of  the 
city  of  Chicago  of  the  institution  of  said  legal  proceedings.  The  city 
of  Chicago  shall  thereupon  have  the  right  to  intervene  in  any  suit  or 
proceedings  brought  by  any  person  or  persons  seeking  to  enjoin  or 
restrain,  or  in  any  manner  interfere  with  the  prosecution  of  said  work, 
and  move  for  a dissolution  of  such  injunction  and  restraining  order, 
and  for  any  other  proper  order  in  such  suit. 

If  31.  Negligence  or  failure  in  prosecuting  work;  notice.] 
§ 15.  Each  and  every  one  of  the  companies  required  by  this  ordi- 
nance to  elevate  its  tracks,  including  the  Metropolitan  West  Side  Ele- 
vated Railroad  Company,  shall  do  its  portion  of  the  work  in  accord- 
ance with  the  terms  hereof,  in  apt  and  proper  time,  so  as  not  to  in- 
terfere with  the  proper  and  orderly  prosecution  of  such  work  as  a 
whole.  Should  any  company  fail  or  neglect  to  so  prosecute  its  work, 
the  commissioner  of  public  works  of  the  city  of  Chicago  shall  have, 
and  is  hereby  given,  the  right,  power  and  authority  to  give  ten  days 
notice  in  writing  to  such  delinquent  company  to  prosecute  such  work. 
If  such  company  shall  fail  or  neglect  to  comply  with  said  notice,  the 
commissioner  of  public  works  may  take  charge  of  and  cause  such  work 
to  be  done  and  the  expense  thereof  shall  thereupon  be  paid  by  such  de- 
linquent company. 

If  32.  Completion  of  work.]  § 16.  The  entire  work  required 
of  each  company  shall  be  completed  by  the  thirty-first  day  of  Decem- 
ber, A.  D.  1900,  except  that  the  time  during  which  any  of  said  railway 
companies  shall  be  prevented  from  work  by  strikes,  and  the  time  dur- 
ing which  it  shall  be  restrained  by  injunction  or  other  order  or  process 
of  a court  of  competent  jurisdiction,  of  which  it  shall  have  given  no- 
tice to  the  corporation  counsel  of  the  city  of  Chicago,  and  the  time  after 
the  expiration  of  ninety  (90)  days  from  the  filing  of  the  agreements 
mentioned  in  section  17,  the  structures  and  tracks  of  the  Metropolitan 
West  Side  Elevated  Railroad  Company  shall  not  have  been  raised,  as 
hereinbefore  described  in  section  13  of  this  ordinance,  to  a height  of 


2150 


RAILROADS TRACK  ELEVATION. 


[§  934 


■not  less  than  17  feet  above  the  elevated  tracks  hereby  required,  and  the 
time  during  which  any  of  said  companies,  required  by  this  ordinance 
to  elevate  their  respective  roadbeds  and  tracks,  may  be  delayed  in  such 
work  without  its  own  fault,  in  consequence  of  the  failure  of  any  other 
of  said  companies  to  do  the  work  by  this  ordinance  required  of  it,  or 
in  consequence  of  the  failure  of  any  street  railway  company  or  cor- 
poration to  grade  or  pave  any  part  of  any  subway  or  approach,  re- 
quired to  be  graded  or  paved,  and  such  last  named  street  railway  or 
corporation  shall  not  be  included. 

1 33.  When  in  force,  conditions.  ] § 17.  This  ordinance 
shall  take  effect  from  and  after  its  passage,  approval  and  publication; 
Provided,  however,  that  this  ordinance  shall  be  null  and  void  if  the  said 
railway  companies  and  each  of  them  shall  not,  through  their  respective 
authorized  officers,  file  with  the  mayor  of  the  city  of  Chicago,  within 
sixty  days  from  the  passage  of  this  ordinance,  an  agreement  or  agree- 
ments, duly  executed,  whereby  said  railway  companies,  and  each  of 
them,  shall  undertake  to  do  and  perform  all  the  matters  and  things  re- 
quired of  them  and  each  of  them  by  this  ordinance.  After  the  filing 
•of  said  agreement  or  agreements,  as  aforesaid,  this  ordinance  shall  not 
be  materially  modified  or  amended  without  the  consent  of  said  rail- 
way companies;  but  nothing  in  this  ordinance  contained  shall  be 
deemed  a waiver  or  surrender  of  the  police  power  of  the  city,  or  to  de- 
prive the  city  of  the  right  to  properly  exercise  such  power. 


[934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2151 


ST.  CHARLES  AIR  LINE  RAILWAY. 

§ 934.  St.  Charles  Air  Line  Railroad  and  other  companies. 

If  1.  Railroad  named  to  elevate  tracks. 

*|f  2.  St.  Charles  Air  Line  to  elevate  tracks. 

i 3.  Chicago,  Madison  & Northern  Railroad  Company  to  elevate 
tracks. 

If  4.  Tracks— height  of. 
i 5.  Tracks— depressed. 
i 6.  Tracks— depressed, 
if  7.  Tracks— height — depression. 

if  8.  Grant  to  Lake  Shore  & Michigan  Southern  Railway  Co. 
i 9.  Grant  to  Chicago,  Madison  & Northern  Railroad  Company, 
if  10.  Tracks— changing  location— grades. 

If  11.  Elevation— rail. 

if  12.  Number  of  tracks  permitted— subways— embankments, 
if  13.  Subways— bridges— storm  water, 
if  14.  Subways— location— how  constructed, 
if  15.  Viaduct  -how  constructed. 

if  16.  Subways,  viaducts  and  alley  openings— how  constructed, 
if  17.  Excavations— depression  of  subways— railroad  to  do  work. 

1 18.  Grades— subways— viaducts— how  built, 
if  19.  Drainage  of  subways  into  city  sewers, 
if  20.  Subways  and  approaches— how  constructed, 
if  21.  Paved  streets— sidewalks— how  restored, 
if  22.  Company  to  pave  roadway— except. 

if  23.  Street  railway  to  conform  to  the  grade  of  its  tracks— grant 
to  Chicago  City  Railroad  Company— position  of  poles  and 
wires— cost. 

If  24.  Damages— who  to  pay. 

if  25.  Work— inspection  and  approval  by  Commissioner  of  Public 
Works. 

If  26.  Permission  and  authority— temporary  structure, 
if  27.  Elevation-height. 

if  28.  Elevate  tracks— where  to  begin— time  for  completion, 
if  29.  Work— position  of— time, 
if  30.  Grant — connect  tracks— change  grade, 
if  31.  Maintain  and  operate. 

If  32.  Time  of  ordinance  in  force— conditions. 

if  33.  Time  to  take  effect— modified  or  amended— consent. 

-An  ordinance  requiring  the  elevation  of  the  plane  of  the  road-bed  and  tracks 
of  the  St.  Charles  Air  Line  Railroad  within  certain  limits,  and  requiring 
the  Chicago,  Madison  & Northern  Railroad  Company,  the  Atchison,  To- 
peka & Santa  Fe  Railway  Company,  the  Chicago  & Western  Indiana  Rail- 
road Company,  the  Lake  Shore  & Michigan  Southern  Railway  Company, 
the  Chicago,  Rock  Island  & Pacific  Railway  Company,  the  Chicago,  Al- 
ton & St.  Louis  Railroad  Company,  respectively,  to  change  the  plane  of 
certain  of  their  tracks  within  the  city  of  Chicago,  in  order  to  eliminate 
grade  crossings  of  the  Chicago  & Western  Indiana  Railroad  and  Atchison, 
Topeka  & Santa  Fe  Railway  with  Lake  Shore  and  Michigan  Southern 
Railway  and  the  Chicago,  Rock  Island  & Pacific  Railway  Companies. 
(Passed  May  17,  1897.  Accepted  June  19,  1898;  amended  June  21,  1898.) 

T 1.  Railroad  named  to  elevate  tracks.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  the  Illinois  Cen- 
tral Railroad  Company,  the  Michigan  Central  Railroad  Company, 
the  Chicago  and  Northwestern  Railway  Company,  and  the  Chicago, 


2152 


RAILROADS TRACK  ELEVATION. 


[§  934 


Burlington  and  Quincy  Railroad  Company,  proprietors  of  a certain 
railroad  in  the  city  of  Chicago,  commonly  called  the  St.  Charles  Air 
Line,  which  extends  from  its  connection  with  the  Illinois  Central 
Railroad  north  of  and  near  16th  street,  westerly  to  and  across  the 
south  branch  of  the  Chicago  river  and  the  Chicago,  Madison  and 
Northern  Railroad  Company,  the  Atchison,  Topeka  and  Santa  Fe 
Railway  Company,  the  Chicago  and  Western  Indiana  Railroad  Com- 
pany, the  Lake  Shore  and  Michigan  Southern  Railway  Company, 
the  Chicago,  Rock  Island  and  Pacific  Railway  Company  and  the 
the  Chicago,  Alton  and  St.  Louis  Railroad  Company  are  all  hereby 
ordered  and  required  to  change  the  plane  of  certain  of  their  tracks; 
the  tracks  cf  St.  Charles  Air  Line  Railroad,  the  Chicago,  Madison  and 
Northern  Railroad  Company,  the  Lake  Shore  and  Michigan  Southern 
Railway  Company,  the  Chicago,  Rock  Island  and  Pacific  Railway 
Company,  and  the  Chicago,  Alton  and  St.  Louis  Railroad  Company 
are  to  be  elevated,  while  the  tracks  of  the  Chicago  and  Western  In- 
diana Railroad  Company  and  Atchison,  Topeka  and  Santa  Fe  Rail- 
way Company  are  to  be  depressed,  within  certain  limits,  in  manner 
and  upon  the  same  conditions  hereinafter  specified;  that  is  to  say: 

T 2.  St.  Charles  Air  Line  to  elevate  tracks.]  Paragraph  i. 
The  proprietors  of  the  St.  Charles  Air  Line  Railroad  are  required  to 
begin  elevation  at  a point  on  the  existing  tracks  of  the  Illinois  Central 
Railroad,  near  what  is  known  as  Park  Row  station  of  said  railroad; 
from  this  initial  point  said  elevated  roadbed  and  tracks  of  the  said 
St.  Charles  Air  Line  shall  rise  on  any  suitable  gradient  for  a distance 
of  about  i,86o  feet,  where  an  elevation  of  not  less  than  29.10  feet  above 
city  datum  shall  be  attained;  thence  shall  continue  at  the  same  eleva- 
tion, curving  to  the  right  for  a distance  of  800  feet  more  or  less  to 
the  east  line  of  Indiana  avenue;  thence  said  elevated  roadbed  and 
tracks  shall  continue  on  a level  grade  and  in  a westerly  direction  to  a 
point  about  on  the  west  line  of  Wabash  avenue,  where  an  elevation  of 
not  less  than  29.10  feet  above  city  datum  shall  be  attained;  thence  said 
elevated  roadbed  and  tracks  shall  continue  on  a descending  gradient  of 
about  forty-four  hundredths  of  one  percentum  and  in  a westerly  direc- 
tion for  a distance  of  about  820  feet  to  the  west  line  of  Dearborn  street, 
where  an  elevation  of  not  less  than  25.5  feet  above  city  datum  shall  be 
attained;  thence  by  deflecting  line  of  said  St.  Charles  Air  Line  Railroad 
to  the  south  by  a reverse  curve  on  a descending  gradient  of  about  forty- 
four  hundredths  of  one  per  centum  for  a distance  of  about  425  feet  to 
the  west  line  of  South  Clark  street,  where  an  elevation  of  not  less  than 
23.50  feet  shall  be  attained  and  crossing  said  South  Clark  street  at  a 
distance  of  about  85  feet  south  of  its  present  crossing;  thence  said 
elevated  roadbed  and  tracks  shall  continue  on  a descending  gradient  in 
a northwesterly  direction  for  a distance  of  about  65  feet  to  the  most 
easterly  track  of  the  Lake  Shore  and  Michigan  Southern  Railway, 
where  the  elevation  shall  be  23.1  feet  above  city  datum;  thence  said 
elevated  roadbed  and  tracks  shall  continue  curving  in  a northwesterly 
direction  on  a descending  gradient  for  a distance  of  about  270  feet  to 


f 934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2153 


a point  about  10  feet  west  of  the  most  westerly  track  of  the  Chicago 
and  Western  Indiana  Railroad,  where  the  elevation  of  said  St. 
Charles  Air  Line  shall  not  be  less  than  21.50  feet  above  city  datum, 
as  it  shall  be  located  when  the  proposed  change  of  line  and  de- 
pression of  tracks  are  made  as  hereinafter  mentioned;  said  last  men- 
tioned course  to  cross  at  grade  the  tracks  of  the  Lake  Shore  and 
Michigan  Southern  Railway  Company,  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company,  and  the  Chicago,  Alton  and  St.  Louis  con- 
nection to  said  last  mentioned  railway  companies,  and  to  cross  over 
the  proposed  depressed  tracks  of  the  Atchison,  Topeka  & Santa  Fe 
Railway  Company,  and  the  Chicago  and  Western  Indiana  Railroad 
Company.  .Thence  said  elevated  roadbed  and  tracks  of  the  said  St. 
Charles  Air  Line  Railroad  shall  proceed  in  a westerly  direction  and 
shall  descend  on  the  most  suitable  gradient  to  permit  the  connection 
of  said  tracks  with  the  existing  tracks  of  the  Chicago  and  North- 
western Railway  Company  and  the  Chicago,  Burlington  and  Quincy 
Railroad  Company,  east  of  the  tracks  of  the  Pittsburg,  Fort  Wayne 
and  Chicago  Railway  in  Stewart  avenue. 

1 3.  Chicago,  Madison  and  Northern  Railroad  company  to 
elevate  tracks.  J Paragraph  2 . From  a point  near  center  line  of 
South  Clark  street,  and  on  the  proposed  elevated  roadbed  and 
tracks  of  the  said  St.  Charles  Air  Line  Railroad,  the  roadbed  and 
tracks  of  the  Chicago,  Madison  and  Northern  Railroad  Com- 
pany shall  be  elevated  and  diverge  to  the  south  from  said 
elevated  roadbed  and  tracks  of  the  said  St.  Charles  Air  Line,  the  said 
elevated  roadbed  and  tracks  of  the  said  Chicago,  Madison  and  North- 
ern Railroad  Company  shall  continue  in  a westerly  and  southerly 
direction,  and  on  a descending  gradient  to  a point  about  10  feet  west 
of  the  most  westerly  track  of  the  said  Atchison,  Topeka  and  Santa 
Fe  Railway,  as  it  shall  be  located  about  30  feet  north  of  its  present 
location,  when  the  proposed  change  of  line  and  depression  of  the  At- 
chison, Topeka  and  Santa  Fe  tracks  will  have  been  made  as  herein- 
after provided;  the  elevation  of  the  said  elevated  roadbed  and  tracks 
of  the  Chicago,  Madison  and  Northern  Railroad  Company  at  said 
last  mentioned  point  shall  not  be  less  than  21.50  feet  above  city  datum; 
said  last  mentioned  course  to  cross  at  grade,  the  main  tracts  of  the 
Lake  Shore  and  Michigan  Southern  Railway  Company  and  Chicago, 
Rock  Island  and  Pacific  Railway  Company,  the  switching  tracks  of 
the  Lake  Shore  and  Michigan  Southern  Railway  and  the  tracks  con- 
necting the  said  St.  Charles  Air  Line  Railroad  with  the  Lake  Shore 
and  Michigan  Southern  Railway  and  the  Chicago,  Rock  Island  and 
Pacific  Railway  tracks;  and  to  cross  over  the  proposed  depressed 
tracks  of  the  Atchison,  Topeka  and  Santa  Fe  Railway  as  herein- 
after provided;  thence  in  a southerly  direction  from  said  last  men- 
tioned point,  said  elevated  roadbed  and  tracks  of  the  said  Chicago, 
Madison  and  Northern  Railroad  Company  shall  descend  on  the  most 
suitable  gradient  to  permit  a connection  with  the  existing  roadbed 

135 


2154 


RAILROADS TRACK  ELEVATION. 


and  tracks  of  said  company  at  the  most  desirable  point  at  or  north  of 
the  18th  street  viaduct. 

IT  4.  Tracks — height  of.]  Paragraph  3.  From  the  most  desir- 
able point  on  the  existing  tracks  of  the  Lake  Shore  and  Michigan 
Southern  Railway  Company,  and  the  Chicago,  Rock  Island  and  Pa- 
cific Railway  Company,  the  tracks  of  said  railway  companies  shall 
rise  on  the  most  suitable  gradient  convenient  and  practicable  to  said 
companies  to  a point  about  15  feet  north  of  the  northwesterly  track  of 
the  said  Chicago  and  Western  Indiana  Railroad  Company,  as  it  shall 
be  located  about  15  feet  north  of  its  present  location,  when  the  pro- 
posed change  of  line  and  depression  of  said  Chicago  and  Western 
Indiana  Railroad  tracks  will  have  been  made;  the  elevation  of  the  pro- 
posed elevated  roadbed  and  tracks  of  the  Lake  Shore  and  Michigan 
Southern  Railway  Company  and  the  Chicago,  Rock  Island  and  Pa- 
cific Railway  Company  at  said  last  mentioned  point  shall  not  be  less 
than  21.50  feet  above  city  datum;  thence  said  elevated  roadbed  and 
tracks  of  the  said  Lake  Shore  and  Michigan  Southern  Railway  Com- 
pany and  the  Chicago,  Rock  Island  and  Pacific  Railway  Company 
shall  continue  in  a southerly  direction  and  on  an  ascending  gradient 
for  a distance  of  about  260  feet  to  a point  where  the  elevation  of  said 
elevated  roadbed  and  tracks  shall  be  not  less  than  23.10  feet  above  city 
datum,  which  point  is  at  the  crossing  of  said  tracks  with  the  tracks  of 
the  said  St.  Charles  Air  Line  Railroad  and  Chicago,  Madison  and 
Northern  Railroad  as  they  shall  be  located  as  herein  provided;  thence 
said  elevated  roadbed  and  tracks  shall  continue  in  a southerly  direc- 
tion, and  they  shall  descend  on  a gradient  of  about  two-tenths  of  one 
per  centum  for  a distance  of  about  940  feet,  to  a point  about  on  the 
south  line  of  18  th  street,  where  an  elevation  of  not.  less  than  21.70  feet 
above  city  datum  shall  be  attained;  thence  said  elevated  roadbed  and 
tracks  shall  continue  in  a southerly  direction,  and  shall  descend  to  in- 
tersect the  plane  of  the  now  elevated  roadbed  and  tracks  of  said  com- 
panies at  a point  not  further  north  than  50  feet  north  of  the  north  line 
of  Archer  avenue  as  provided  in  an  ordinance  dated  and  passed  July 
9th,  A.  D.  1894. 

5.  Tracks—  depressed.  ] Paragraph  4.  From  a point  about 
400  feet  northeasterly  of  the  intersection  of  15th  and  Dearborn  streets, 
or  from  such  other  point  as  may  be  most  convenient  for  said  com- 
pany, on  the  plane  of  the  existing  tracks  of  the  Atchison,  Topeka  and 
Santa  Fe  Railway  Company,  the  tracks  of  said  railway  company  shall 
be  depressed  on  the  most  suitable  grading  convenient  and  practicable 
to  said  company,  to  a point  about  ten  feet  east  of  the  east  line  of 
South  Clark,  street,  where  the  elevation  of  the  most  southerly  of  said 
depressed  tracks  shall  not  be  more  than  3.0  feet  above  city  datum, 
as  they  shall  be  located  when  the  proposed  change  of  line  and  depres- 
sion of  said  Atchison,  Topeka  and  Santa  Fe  Railway  tracks  will  have 
been  made;  thence  in  a southwesterly  direction  from  said  last  men- 
tioned point,  and  on  a level  gradient  across  South  Clark  street  to  a 
point  about  ten  feet  west  of  Clark  street;  thence  said  depressed  tracks 


§ 934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2155’ 


of  the  said  Atchison,  Topeka  and  Santa  Fe  Railway  Company  shall 
rise  on  an  ascending  gradient  to  a point  about  ten  feet  south  of  the 
most  southerly  elevated  tracks  of  the  Chicago,  Madison  and  Northern 
Railroad  Company,  where  an  elevation  not  exceeding  four  feet  above 
city  datum  may  be  attained,  and  crossing  in  the  two  last  mentioned 
courses,  under  South  Clark  street  proposed  viaduct,  and  under  the 
proposed  elevated  tracks  of  the  Lake  Shore  and  Michigan  Southern 
Railway  Company,  and  the  Chicago,  Rock  Island  and  Pacific  Railway 
Company,  the  St.  Charles  Air  Line,  the  Chicago,  Alton  and  St.  Louis 
connection,  and  the  tracks  of  the  Chicago,  Madison  and  Northern 
Railroad  Company  as  hereinbefore  described;  thence  said  depressed 
tracks  of  said  Atchison,  Topeka  and  Santa  Fe  Railway  Company  shall 
continue  in  a southerly  direction  and  shall  rise  on  the  most  suitable 
gradient  convenient  and  practicable  to  said  company,  to  a connec- 
tion with  the  present  tracks  of  the  said  Atchison,  Topeka  and  Santa 
Fe  Railway  Company.  Provided,  that  the  grade  of  Dearborn  street 
and  the  grade  of  15th  street  shall  be  changed  and  depressed  to  the 
same  plane  as  said  Santa  Fe  tracks  shall  be  changed  and  depressed 
where  said  tracks  shall  cross  said  streets. 

T 6.  Tracks— depressed.]  Paragraph  5.  From  a point  about 
375  feet  north  of  the  north  line  of  15th  street,  or  from  such  other 
point  as  may  be  most  convenient  for  said  company,  on  the  plane  of 
the  existing  tracks  of  the  Chicago  and  Western  Indiana  Railroad 
Company,  the  tracks  of  said  railroad  company  shall  be  depressed  on? 
the  most  suitable  gradient  convenient  and  practicable  to  said  com- 
pany to  a point  about  10  feet  east  of  the  east  line  of  South  Clark 
street,  where  the  elevation  of  the  north  main  track  of  said  depressed 
tracks  shall  not  be  more  than  four  feet  above  city  datum,  as  they 
shall  be  located  about  15  feet  north  of  and  parallel  with  their  present 
location,  when  the  proposed  change  of  line  and  depression  of  said 
Chicago  and  Western  Indiana  Railroad  tracks  shall  have  been  made, 
thence  said  depressed  tracks  shall  continue,  and  in  a southwesterly 
direction  from  said  last  mentioned  point,  and  on  a level  grade,  to  a 
point  about  10  feet  south  of  the  most  southerly  proposed  elevated  Y 
tracks  connecting  the  St.  Charles  Air  Line  with  the  Lake  Shore  and 
Michigan  Southern  Railway,  and  the  Chicago,  Rock  Island  and  Pa- 
cific Railway,  and  crossing,  in  said  last  mentioned  course,  under 
South  Clark  street  proposed  viaduct,  and  under  the  proposed  elevated' 
tracks  of  the  Lake  Shore  and  Michigan  Southern  Railway  Company 
and  the  Chicago,  Rock  Island  and  Pacific  Railway  Company,  and 
also  under  the  proposed  elevated  tracks  of  the  St.  Charles  Air  Line1 
Railroad  and  said  Y tracks;  thence  said  depressed  tracks  of  the  said 
Chicago  and  Western  Indiana  Railroad  shall  continue  in  a southerly 
direction,  and  they  shall  rise  on  the  most  suitable  gradient  convenient 
and  practicable  to  said  company,  to  a connection  with  the  present 
track  of  the  said  Chicago  and  Western  Indiana  Railroad  Company. 

If  7.  Tracks  — height  — depression.]  Paragraph  6.  From  a 
point  on  the  proposed  elevated  connecting  switching  track  of  the 


2156 


RAILROADS TRACK  ELEVATION. 


Lake  Shore  and  Michigan  Southern  Railway  Company  immediately 
west  of  the  main  tracks  of  the  Chicago,  Rock  Island  and  Pacific  Rail- 
way Company,  and  about  io  feet  south  of  the  most  easterly  track  of 
the  Atchison,  Topeka  and  Santa  Fe  Railway  Company,  where  the 
same  crosses  underneath  the  said  connecting  switching  track  of  said 
lake  Shore  and  Michigan  Southern  Railway  Company;  and  where 
the  proposed  elevated  roadbed  and  tracks  of  the  Chicago,  Alton  and 
St.  Louis  Railroad  Company  diverges  to  the  west  from  said  last  men- 
tioned point  the  said  elevated  roadbed  and  tracks  of  said  railway  com- 
pany shall  continue  in  a southwesterly  direction  on  a descending 
gradient  of  about  three-tenths  of  one  per  centum  for  a distance  of 
about  325  feet  to  a point  where  the  elevation  of  the  proposed  elevated 
roadbed  and  tracks  shall  not  be  less  than  21.5  feet  above  city  datum, 
and  about  ten  feet  west  of  the  most  westerly  track  of  the  Atchison, 
Topeka  and  Santa  Fe  Railway  Company  as  they  shall  be  located  and 
depressed  as  hereinbefore  described;  and  crossing  in  said  last  men- 
tioned course  at  grade,  the  proposed  elevated  roadbed  and  tracks  of 
the  said  St.  Charles  Air  Line  Railroad  and  crossing  over  and  above 
the  said  depressed  tracks  of  the  Atchison,  Topeka  and  Santa  Fe  Rail- 
way Company;  thence  said  elevated  roadbed  and  tracks  of  the  Chi- 
cago, Alton  and  St.  Louis  Railroad  Company  shall  continue  in  a 
southerly  direction  and  they  shall  descend  on  the  most  suitable,  con- 
venient and  practicable  gradient  to  said  railway  company,  to  inter- 
sect the  present  plane  of  existing  tracks  of  said  Chicago,  Alton  and 
St.  Louis  Railroad  Company  at  a point  about  55  feet  southwesterly 
of  the  center  of  18th  street  viaduct. 

1"  8.  Grant  to  Lake  Shore  and  Michigan  Southern  Railway 
Company.  ] Paragraph  7.  In  consideration  of  the  benefits  accru- 
ing to  the  city  of  Chicago  by  the  performance  of  the  work  herein 
specified  to  be  done  by  the  Lake  Shore  and  Michigan  Southern  Rail- 
way Company,  said  company  is  hereby  granted  the  right  to  main- 
tain its  present  six  tracks  from  16th  street  to  18th  street,  between 
La  Salle  street  and  Wentworth  avenue,  and  to  elevate  them  to  the 
level  herein  specified  for  the  main  tracks  of  said  company  between 
1 6th  street  and  18th  street.  Also  to  cross  the  18th  street  subway 
with  one  or  more  tracks  on  suitable  bridges  between  La  Salle  street 
and  Wentworth  avenue,  and  to  cross  19th  street  between  La  Salle 
street  and  Wentworth  avenue  with  six  tracks  at  such  elevation  above 
the  present  grade  of  said  19th  street  as  said  railway  company  may 
desire.  Also  to  lay  and  maintain  between  19th  and  20th  streets  a 
track  from  its  main  tracks  to  and  connecting  with  the  said  tracks 
between  La  Salle  street  and  Wentworth  avenue.  That  so  much  and 
such  parts  of  16th  street,  17th  street  and  19th  street  as  lie  between  the 
east  line  of  the  right  of  way  of  the  Lake  Shore  and  Michigan  South- 
ern Railway  Company  and  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  and  the  east  line  of  Wentworth  avenue,  be  and 
the  same  are  hereby  vacated.  The  right  is  also  granted  to  said  rail- 
way company  to  make  such  changes  in  the  grade  of  La  Salle  street, 


§ 934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2157 


between  16th  and  20th  streets,  as  may  be  necessary  to  afford  safe  and 
convenient  access  to  the  property  and  tracks  of  said  company  after 
the  same  shall  have  been  elevated,  as  herein  provided. 

Permission  is  also  hereby  granted  to  the  Lake  Shore  and  Michigan 
Southern  Railway  Company,  to  elevate  its  tracks  leading  to  its  yard 
lying  between  16th  and  18th  streets  and  to  make  such  changes  in  the 
location  of  said  tracks  as  said  company  may  deem  necessary. 

Permission  is  also  hereby  granted  to  the  Lake  Shore  and  Michigan 
Southern  Railway  Company,  and  to  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company,  to  elevate  the  two  “Y”  tracks  of  said  St. 
Charles  Air  Line,  and  to  make  such  changes  in  their  location  as  said 
company  may  deem  necessary. 

1 9.  Grant  to  Chicago,  Madison  and  Northern  Railroad  Com- 
pany. ] Paragraph  8.  Permission  and  authority  are  hereby  grant- 
ed the  Chicago,  Madison  and  Northern  Railroad  Company  to  change 
the  easterly  connection  of  that  railroad  with  the  St.  Charles  Air  Line 
Railroad,  from  the  location  hereinbefore  mentioned  in  section  1,  para- 
graph 2,  to  any  desirable  point  west  of  State  street  on  the  proposed 
elevated  track  of  said  St.  Charles  Air  Line,  and  to  have  the  privilege 
of  using  and  maintaining  the  most  convenient  and  practicable  gradi- 
ent to  enable  said  Chicago,  Madison  and  Northern  Railroad  Com- 
pany to  cross  above  and  over  the  tracks  of  the  Lake  Shore  and  Mich- 
igan Southern  Railway  Company  and  Chicago,  Rock  Island  and 
Pacific  Railway  Company,  thereby  eliminating  the  grade  crossing  of 
these  railroads  as  provided  in  this  ordinance. 

If  10.  Tracks  — changing  location  — grades.]  Paragraph  q. 
Nothing  in  this  ordinance  shall  prevent  the  various  companies 
owning  the  tracks  mentioned  herein  from  changing  the  location  of 
said  tracks  by  the  mutual  agreement  of  those  interested  as  they  may 
deem  necessary,  provided  that  no  change  of  location  shall  be  made 
that  will  prevent  the  separation  of  the  grades  of  said  tracks  as  con- 
templated in  this  ordinance. 

The  railway  companies  named  in  this  ordinance  are  hereby  author- 
ized to  make  such  changes  in  the  position  and  alignment  of  their 
respective  tracks  and  switch  connections  as  may  be  desirable  in  order 
to  carry  out  the  provisions  of  this  ordinance.  * 

If  11.  Elevations  — rail.  ] Paragraph  10.  All  elevations  of 
railroad  tracks  mentioned  in  this  ordinance  shall  refer  to  the  top  of 
the  rail. 

If  12.  Number  of  tracks  permitted  — subways  — embank- 
ments. ] § 2.  The  elevated  or  depressed  roadbeds  of  said  railways, 

as  provided  for  in  this  ordinance,  may  be  wide  enough  to  provide 
for  two  main  tracks  for  each  and  every  railroad  herein  named,  together 
with  such  additional  main  tracks,  side  tracks  and  switches  as  shall  be 
deemed  necessary  by  the  proprietors  or  corporations  of  said  rail- 
roads, provided,  that  at  no  time  shall  the  St.  Charles  Air  Line  and 
the  propnetors  thereof,  and  the  Chicago,  Madison  and  Northern 
Railroad,  together,  construct  and  operate  more  than  four  tracks  east 


2158 


RAILROADS— TRACK  ELEVATION. 


{§  934 


of  Clark  street,  and  where  said  tracks  are  elevated  they  shall  be  sup- 
ported and  carried  (except  at  the  intersection  of  such  public  streets, 
avenues  and  alleys,  as  are  by  the  terms  of  this  ordinance  to  be  pro- 
vided with  subways),  upon  a superstructure  of  steel,  or  iron  trestle 
work,  or  upon  a solid  embankment  of  earth,  or  other  ma- 
terial, as  may  be  preferred  by  said  proprietors  or 
'corporations.  Such  unocccupied  spaces,  or  areas,  outside  the  bound- 
ary lines  of  the  intersecting  streets,  avenues  and  alleys  as  may  be  left 
beneath  said  elevated  structure,  may  be  used  by  the  owners  thereof 
for  any  lawful  purpose.  In  case  said  railroad  companies  or  any  of 
them,  required  by  this  ordinance  to  elevate  their  tracks,  respectively, 
shall  use  an  embankment  of  earth  or  stone  or  other  material,  instead 
of  steel  or  iron  structural  work,  the  side  slopes  and  lateral  dimensions 
of  said  embankment  will  be  determined  by  the  natural  angle  of  repose 
of  the  embankment  material  used;  but  whenever  it  may  become  nec- 
essary for  the  purpose  of  keeping  said  embankments  entirely  witnin 
the  lines  of  the  right  of  way  of  said  railway  company,  such  embank- 
ments shall  be  confined  between  retaining  walls  of  stone  or  brick 
masonry  or  concrete.  If  such  retaining  walls  shall  be  less  than  five 
(5)  feet  high,  the  same  shall  be  surmounted  by  a substantial  iron  picket 
fence  of  such  height  and  strength  as  to  effectually  prevent  all  per- 
sons from  trespassing  upon  the  elevated  tracks  of  said  companies,  re- 
spectively. In  case  said  railroad  companies,  or  any  of  them,  are  re- 
quired by  this  ordinance  to  depress  their  tracks,  then  said  tracks  shall 
Ibe  protected  by  retaining  walls  of  brick,  stone  or  concrete,  surmounted 
by  substantial  iron  picket  fence  of  such  height  and  strength  as  to  ef- 
fectually prevent  all  persons  from  trespassing  upon  the  depressed 
roadbed  and  tracks  of  said  companies,  respectively. 

•f  13.  Subways  — bridges — storm  water.]  § 3.  The  said 
elevated  tracks  shall  be  carried  across  all  intersecting  streets,  ave- 
nues and  alleys,  which,  by  the  terms  of  this  ordinance,  are  to  be  pro- 
vided with  subways,  on  suitable  bridges  of  one,  two  or  three  spans, 
whose  superstructure  shall  consist  of  iron  or  steel  main  girders,  with 
iron  or  steel  main  floor,  or  ordinary  track  stringers;  but  should  the 
latter  method  be  adopted,  some  suitable  device  shall  be  provided  to 
prevent  storm  water,  dirt,  oil  and  other  substances  from  dropping 
from  such  elevated  structure  upon  the  subways  beneath.  The  said 
bridges  shall  be  supported  on  abutments  of  concrete,  stone  or  brick 
masonry,  or  on  rows  of  iron  or  steel  columns,  braced  together  later- 
ally and  erected  on  and  anchored  to  masonry  foundations,  constructed 
within  the  lines  of  the  railroad  right  of  way,  and  in  the  curb  lines 
of  the  intersecting  avenues  or  streets. 

14.  Subways— location— how  constructed.  ] § 4.  Para- 

graph 1.  At  the  point  where  the  said  St.  Charles  Air  Line  Railroad  is 
intersected  and  crossed  by  Indiana  avenue,  Michigan  avenue,  Wabash 
avenue,  South  State  street,  Dearborn  street,  South  Clark  street,  and 
all  intervening  alleys,  subways  shall  be  constructed  passing  beneath 
said  elevated  tracks,  and  such  subways  shall  conform  to  the  descrip- 


§ 934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2159 


tions,  specifications,  dimensions  and  other  particulars  contained  in 
schedules  set  forth  and  embodied  in  section  4a  of  this  ordinance, 
and  subways  shall  be  constructed  beneath  the  said  elevated  tracks 
of  the  Lake  Shore  and  Michigan  Southern  Railway  Company  and  the 
Chicago,  Rock  Island  and  Pacific  Railway  Company,  where  said  ele- 
vated tracks  are  crossed  by  18th  street,  and  said  subways  shall  con- 
form to  the  description,  specifications,  dimensions  and  other  particu- 
lars contained  in  the  schedules  set  forth  and  embodied  in  section  4a 
of  this  ordinance. 

15.  Viaduct — how  constructed.]  Paragraph  2.  At  the 
point  where  the  Atchison,  Topeka  and  Santa  Fe  Railway  Company 
tracks  and  the  tracks  of  the  Chicago  and  Western  Indiana  Railroad 
Company  cross  South  Clark  street,  a viaduct  shall  be  constructed 
passing  over  and  above  said  depressed  tracks,  and  such  viaduct  shall 
conform  to  the  description,  specifications,  dimensions  and  other  par- 
ticulars contained  in  the  schedule  set  forth  and  embodied  in  section 
4a  of  this  ordinance. 

116.  Subways,  viaducts  and  alley  openings  — how  con- 
structed. ] § 4a.  The  several  subways,  viaducts  and  alley  open- 

ings hereinbefore  referred  to  in  section  4 of  this  ordinance,  and  which 
shall  be  constructed  in  accordance  with  the  elevation  upon  which 
such  tracks  are  to  be  placed,  shall  as  to  their  size  and  dimensions, 
locations  and  other  details,  be  in  accordance  with  the  following  sched- 
ule: 

Subway  in  Indiana  avenue,  66  feet  wide,  under  the  St.  Charles  Air 

Line. 

There  shall  be  no  depression  of  street. 

Width  between  walls,  66  feet. 

Width  of  roadway,  38  feet. 

Width  of  sidewalks,  14  feet. 

Clear  head  room,  14  feet. 

Two  lines  of  posts  may  be  placed  in  said  subway  a<  curb  lines  and 
inside  thereof  to  support  girders. 

Subway  in  Michigan  avenue,  100  feet  wide,  under  St.  Charles  Air 

Line.  According  to  South  Park  commissioners’  specifications. 

Clear  head  room,  14  feet. 

Said  subway  shall  be  constructed  of  such  dimensions  and  accord- 
ing to  such  plans  as  may  be  agreed  upon  between  the  South  Park 
commissioners  and  the  St.  Charles  Air  Line.  There  shall  be  no  de- 
pression of  street. 

Subway  in  Wabash  avenue,  100  feet  wide,  under  the  St.  Charles  Air 

Line. 

There  shall  be  no  depression  of  street. 

Width  between  walls,  100  feet. 

Width  of  roadway,  50  feet. 

Width  of  sidewalks,  25  feet. 

Clear  head  room,  14  feet. 


2160  RAILROADS TRACK  ELEVATION.  [§  934 

Two  lines  of  posts  may  be  placed  in  said  subway  at  curb  line  and 
inside  thereof  to  support  girders. 

Subway  in  South  State  street,  ioo  feet  wide,  under  the  St.  Charles 

Air  Line. 

There  shall  be  no  depression  of  street. 

Width  between  walls,  ioo  feet. 

Width  of  roadway,  60  feet. 

Width  of  sidewalks,  20  feet. 

Clear  head  room,  13  feet. 

Two  lines  of  posts  may  be  placed  in  said  subway  at  curb  lines  and 
inside  thereof  to  support  girders. 

Subway  in  Dearborn  street,  66  feet  wide,  under  the  St.  Charles  Air 

Line. 

TherA  shall  be  no  depression  of  street. 

Width  between  walls,  66  feet. 

Width  of  roadway,  38  feet. 

Width  of  sidewalk,  14  feet. 

Clear  head  room,  12  feet. 

Two  lines  of  posts  may  be  placed  in  said  subway  at  curb  line  and 
inside  thereof  to  support  girders. 

Subways  at  each  of  the  four  alleys,  respectively,  running  north 
and  south  and  crossing  said  St.  Charles  Air  Line,  between  Indiana 
avenue  and  Dearborn  street. 

Width  of  subway  shall  be  clear  full  width  of  each  alley. 

Clear  head  room  shall  be  14  feet,  except  as  to  the  westernmost 
alley,  which  shall  have  12  feet  clear  head  room. 

There  shall  be  no  depression  of  any  alley  below  the  present  grade. 
Subway  in  South  Clark  street,  80  feet  wide,  under  the  St.  Charles 

Air  Line. 

Depression  of  street  shall  not  exceed  1.6  feet  where  wagon  road- 
way is  to  be  depressed,  also  the  depression  of  street  shall  not  exceed 
3.1  feet  where  the  street  railway  tracks  are  to  be  depressed,  making 
the  elevation  of  the  floor  of  roadway  not  less  than  10.0  feet  above  city 
datum,  and  the  elevation  of  the  tops  of  the  rails  of  the  street  railway 
not  less  than  8.5  feet  above  city  datum;  the  level  of  floors  shall  extend 
to  each  portal  of  subway,  and  from  this  level  the  south  approach  of 
wagon  roadway  shall  extend  on  an  approaching  grade  of  not  to  ex- 
ceed 2 feet  in  one  hundred  feet  to  intersect  the  present  surface  of 
Clark  street,  and  the  south  approach  of  the  street  railway  roadway 
shall  extend  on  an  approaching  grade  of  not  to  exceed  4 feet  in  one 
hundred  feet.  The  north  approach  to  subway  shall  extend  on  a grade 
not  to  exceed  5 feet  in  one  hundred  feet,  which,  continued  northerly, 
will  form  the  south  approach  to  the  viaduct  to  be  constructed  over 
the  said  tracks  of  the  Atchison,  Topeka  and  Santa  Fe  Railway  Com- 
pany, and  the  Chicago  and  Western  Indiana  Railroad  Company,  as 
hereinafter  provided: 

Width  between  walls  of  subway,  80  feet. 

Width  of  roadway,  42  feet. 


§ 934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2161 


Width  of  one  sidewalk,  12  feet. 

Width  of  street  railway  roadway,  26  feet. 

Clear  head  room,  wagon  roadway,  12  feet. 

Clear  head  room,  street  railway  roadway,  13^  feet. 

Depression  of  sidewalk  shall  be  uniform  with  roadway,  and  about 
one  foot  above  level  of  same.  A suitable  wall  or  fence  must  be  con- 
structed about  three  feet  high,  dividing  the  wagon  roadway  from  street 
car  roadway,  and  a line  of  posts  may  be  placed  in  said  subway  at 
curb  line  and  on  wall  dividing  wagon  roadway  from  street-car  road- 
way, and  inside  thereof  to  support  girders. 

Viaduct  on  South  Clark  street,  over  the  depressed  tracks  of  the  Chi- 
cago and  Western  Indiana  Railroad  Company  and  the  Atchison, 

Topeka  and  Santa  Fe  Railway  Company. 

The  elevation  of  the  floor  of  viaduct  shall  not  exceed  21.25  feet 
above  city  datum,  making  it  9.75  feet  above  present  surface  of  street, 
on  a line  immediately  over  the  north  rail  of  the  most  northwesterly 
track  of  the  Chicago  and  Western  Indiana  Railroad  Company  as  it 
shall  be  located  and  depressed  as  provided  in  section  1,  paragraph  5; 
from'  this  point  the  grade  of  the  floor  of  said  viaduct  shall  descend  in 
a southerly  direction  to  a point  where  an  elevation  of  not  more  than 
20.25  feet  above  city  datum  shall  be  attained,  which  point  shall  be 
located  about  7 feet  south  of  the  south  rail  of  the  most  southeasterly 
track  of  the  Atchison,  Topeka  and  Santa  Fe  Railway  Company,  as  it 
shall  be  located  and  depressed  as  provided  in  section  1,  paragraph  4. 
From  said  last  mentioned  point  the  south  approach  shall  descend  on 
a grade  of  not  to  exceed  5.0  feet  in  one  hundred  feet  as  measured 
along  a line  parallel  with  and  20  feet  west  of  the  east  line  of  South 
Clark  street  to  an  intersection  with  the  present  surface  of  South  Clark 
street,  said  rate  of  grade  being  continued,  descending  southwardly, 
to  an  intersection  with  the  subway  floor,  as  provided  in  section  4a  in 
specifications  for  subway  in  South  Clark  street  under  the  St.  Charles 
Air  Line  tracks. 

The  north  approach  of  said  viaduct  shall  begin  about  7 feet  north 
of  the  north  rail  of  the  most  northwesterly  track  of  the  Chicago  and 
Western  Indiana  Railroad  Company,  as  it  shall  be  located  and  de- 
pressed as  provided  in  section  1,  paragraph  5.  From  said  last  men- 
tioned point  the  north  approach  shall  descend  on  a grade  of  not  to 
exceed  4.5  feet  in  one  hundred  feet  to  the  intersection  of  the  present 
surface  of  South  Clark  street. 

Width  of  viaduct  south  end,  80  feet. 

Width  of  wagon  roadway,  42  feet.  \ 

Width  of  street  car  roadway,  26  feet. 

Width  of  one  sidewalk,  12  feet. 

Width  of  viaduct  north  end,  80  feet. 

Width  of  wagon  roadway,  42  feet. 

Width  of  street  car  roadway,  26  feet. 

Width  of  one  sidewalk,  12  feet. 

The  north  and  south  approaches  to  viaduct  shall  be  constructed1 


2162 


RAILROADS TRACK  ELEVATION. 


so  as  to  retain  the  filling-  or  embankment  entirely  within  lines  of  the 
street  by  substantial  retaining  walls  of  stone  masonry  or  concrete; 
subject  to  the  direction  and  approval  of  the  commissioner  of  public 
works. 

Substantial  and  ornamental  picket  fence  and  railings  shall  be  pro- 
vided for  viaduct  and  approaches. 

The  sidewalks  shall  be  uniform  with  roadway,  and  about  one  foot 
above  level  of  same  where  practicable. 

Said  viaduct  shall  be  constructed  of  wrought  iron  and  steel,  and 
the  roadway  shall  be  paved  with  granite  blocks,  and  the  design,  ma- 
terial and  workmanship  subject  to  the  direction  and  approval  of  the 
commissioner  of  public  works. 

Said  viaduct  and  approaches  shall  be  constructed  jointly  by  the 
Atchison,  Topeka  and  Santa  Fe  Railway  Company,  and  the  Chicago 
and  Western  Indiana  Railroad  Company. 

Clear  head  room  over  the  Atchison,  Topeka  and  Santa  Fe  Rail- 
way and  the  Chicago  and  Western  Indiana  Railroad  at  the  above 
viaduct,  shall  not  be  less  than  16  feet. 

Subway  in  18th  street,  66  feet  wide,  under  the  Lake  Shore  and  Michi- 
gan Southern  Railway,  and  the  Chicago,  Rock  Island  and  Pacific 

Railway. 

The  depression  of  street  shall  not  exceed  4.2  feet  below  the  orig- 
inal grade  of  street,  making  the  elevation  of  floor  of  subway  not  less 
than  8.0  feet  above  city  datum;  this  level  shall  extend  10  feet  beyond 
each  portal  of  subway;  from  this  level  each  approach  shall  extend  on 
a grade  not  to  exceed  4.0  feet  in  100  feet,  to  intersect  the  present  sur- 
face of  street. 

Width  between  walls,  66  feet. 

Width  roadway,  42  feet. 

Width  sidewalks,  12  feet. 

Clear  head  room,  I2-|  feet. 

The  sidewalk  shall  be  depressed  uniform  with  roadway  and  about 
one  foot  above  level  of  same. 

Two  lines  of  posts  may  be  placed  in  said  subway  at  curb  lines  and 
inside  thereof  to  support  girders. 

H 17.  Excavations — depression  of  subways — railroad  to  do 
work.  ] S 5.  All  such  excavations  shall  be  made  in  the  streets  as 
may  be  required  for  the  depression  of  such  subways,  and  the  ap- 
proaches thereto,,  but  the  depressed  portion  of  the  streets  shall  be 
restored  to  serviceable  condition  for  the  use  of  the  public  as  soon 
as  practicable,  and  all  water  pipes,  conduits,  sewers  and  other  similar 
substructures  belonging  to  the  city  that  may  be  disturbed  by  such 
excavations  or  required  to  be  moved  or  deflected  from  the  position 
in  which  they  are  found,  shall  be  replaced,  or  suitable  expedients  and 
arrangements  shall  be  devised  and  provided  to  restore  them  as  fully 
as  may  be  to  their  former  state  of  usefulness;  but  the  gradients  of  the 
sewers  shall  not  be  reduced  in  any  event;  all  such  work  shall  be  done 
bv  the  respective  railroad  companies,  as  indicated  in  section  4a,  and 


934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2163 


at  their  sole  expense,  and  under  the  immediate  supervision  and  to  the 
satisfaction  of  the  commissioner  of  public  works  of  the  city  of  Chi- 
cago. 

T 18.  Grades— subways — viaducts — how  built.]  § 6.  The 
grades  of  all  the  streets  and  alleys  in  which  any  subways  are  to  be 
built  in  accordance  with  the  provisions  of  this  ordinance,  or  where 
viaducts  shall  be  built  in  accordance  with  the  provisions  of  this  ordi- 
nance, or  where  streets  shall  be  depressed  or  raised  in  accordance 
with  the  provisions  of  this  ordinance,  along  the  line  of  the  several 
subways,  viaducts  and  their  approaches  shall  be  and  the  same  are 
hereby  changed  so  as  to  conform  to  the  grades  of  such  subways, 
viaducts  and  approaches  as  they  shall  be  either  depressed  or  elevated^ 
and  constructed  pursuant  to  the  provisions  of  this  ordinance. 

1 19.  Drainage  of  subways  into  city  sewers.]  § 7.  Provis- 
ion shall  be  made  for  the  drainage  of  the  several  depressed  subways 
provided  for  in  this  ordinance,  by  the  construction  of  receiving  basins, 
properly  located  in  or  immediately  adjacent  to  said  subways,  which 
said  receiving  basins  shall  be  connected  with  and  discharge  their  con- 
tents into  the  adjacent  city  sewers.  In  case  the  lowest  point  of  the 
surface  of  any  of  said  subways  should  be  below  the  grade  of  the 
adjacent  sewer  some  other  adequate  means  of  drainage  satisfactory  to 
the  commissioner  of  public  works  must  be  devised  and  provided  by 
said  railroad  companies  at  their  expense. 

1 20.  Subways  and  approaches,  how  constructed.]  § 8. 
Paragraph  1.  The  subways  and  the  approaches  thereto  so  to  be  con- 
structed by  said  companies  in  said  streets  and  avenues  aforesaid  shall 
all  conform  to  the  following  structural  requirements,  namely: 

The  roadways  shall  be  paved  with  a single  course  of  vitrified  brick 
of  standard  quality  laid  at  right  angles  with  the  curb  lines  and  set  on 
a solid  foundation  of  hydraulic  cement  concrete,  of  not  less  than  six 
inches  thick  or  deep  when  solidly  tamped  in  place  and  otherwise 
finished  and  properly  crowned  ready  for  the  brick  wearing  surface, 
between  which  and  the  concrete  there  shall  be  interposed  a layer  of 
screened  sand  not  less  than  half  an  inch  thick.  The  curb  shall  be  of 
sound,  hard  limestone  of  standard  dimensions  and  finish,  and  the 
sidewalks  in  subways  shall  be  finished  and  paved  with  Portland  cement 
concrete,  of  standard  quality  and  workmanship,  and  with  the  curbing 
and  roadway  paving  shall  be  made,  finished  and  put  in  permanent 
place  in  accordance  with  the  requirements  of  the  department  of  pub- 
lic works  of  the  city  of  Chicago.  The  approaches  to  subways  shall 
be  excavated  to  the  grades  established  by  this  ordinance  and  shall 
be  in  all  other  respects  restored  as  near  as  may  be  to  their  condition 
before  being  so  excavated. 

T 21.  Paved  streets— sidewalks— how  restored.]  Paragraph 
2.  As  to  streets  in  this  section  mentioned,  which  are  already  paved 
or  provided  with  sidewalks,  such  paving  and  sidewalks  shall  be  re- 
stored with  the  present  material,  when  the  same  is  in  good  condition, 
by  said  railroad  company  at  its  own  expense,  in  such  portions  of  said 


2164 


RAILROADS TRACK  ELEVATION. 


streets  as  are  required  to  be  constructed  by  said  company,  except  that 
said  railway  company  is  not  required  to  restore  any  part  of  the  pav- 
ing of  approaches  or  subways  which  will  be  the  duty  of  any  street 
railway  company  or  other  corporation  itself  to  restore,  under  existing 
law?  or  ordinances. 

1 22.  Company  to  pave  roadway— except.]  Paragraph  3. 

Said  company  shall  pave  the  entire  length  and  width  of  the  roadway 
in  such  portions  of  the  subways  as  are  required  to  be  constructed  by 
said  company,  except  that  such  company  shall  not  be  required  to 
pave  any  parts  of  the  subways  to  be  occupied  by  or  adjacent  to  street 
railway  tracks,  which  by  reason  of  existing  laws  or  ordinances  it  will 
be  the  duty  of  any  street  railway  company  or  other  corporation  itself 
to  pave. 

T 23.  Street  railway  to  conform  the  grade  of  its  tracks — 
grant  to  Chicago  City  Railroad  Company — position  of  poles  and 
wires  — cost.  ] Paragraph  4.  Any  street  railway  company  occu- 
pying any  of  the  streets  in  the  city  of  Chicago  crossed  by  said  ele- 
vated or  depressed  railway  shall,  when,  and  as  the  grade  of  such  street 
shall  be  changed,  as  in  this  ordinance  provided,  at  its  own  expense, 
without  claim  for  damages,  conform  the  grade  of  its  track  or  tracks 
to  the  said  change  of  grade  on  said  streets,  and  nothing  in  this  ordi- 
nance shall  operate  to  be  held  to  relieve  such  street  railway  companies 
from  any  liability  now  existing,  however  created,  to  pave  or  bear  the 
expense  of  paving  such  streets  between  or  on  either  side  of  the  rails 
of  its  said  tracks,  in  the  manner  and  form  as  now  required. 

It  is  provided  further  that  the  mayor  and  the  commissioner  of 
public  works,  if  they  see  fit,  may  grant  to1  the  Chicago  City  Railroad 
Company  permission  to  operate  its  Clark  street  cars  (temporarily, 
while  Clark  street,  at  16th  street,  is  obstructed  and  traffic  interrupted 
by  the  work  in  this  ordinance  contemplated)  through  and  by  means 
of  the  electric  over-head  trolley  over  and  along  any  street  or  streets 
north  of  226.  street,  having  street  car  tracks  thereon  and  owned  and 
operated  by  said  Chicago  City  Railway  Company  and  upon  which 
said  company  has  a right  to  run  and  operate  its  cars.  No  tracks  of 
any  other  company  shall  be  used  by  said  Chicago  City  Railway  Com- 
pany without  the  consent  of  such  other  company. 

The  mayor  and  commissioner  of  public  works  shall  designate 
where  the  poles  for  the  overhead  construction  and  suspension  wires 
shall  be  placed  and  all  such  temporary  work  to  be  used  as  aforesaid 
shall  be  instantly  removed,  upon  the  order  and  direction  of  the  mayor 
of  the  city  of  Chicago,  and  if  the  company  fails  or  refuses  to  comply 
with  such  order,  the  commissioner  of  public  works  shall  at  once  re- 
move said  poles  and  overhead  construction,  at  the  cost  and  expense  of 
said  company.  The  understanding  being  that  the  rights  herein,  to 
operate  cars  shall  only  be  temporary,  and  while  the  obstruction  exists 
at  1 6th  street  crossing  at  Clark  street  aforesaid. 

24.  Damages — who  to  pay.]  Paragraphs.  Nothing  in  this 
ordinance  contained  shall  be  so  construed  as  to  require  the  said  rail- 


934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2165 


way  companies  or  either  of  them  to  assume  or  pay  any  incidental  or 
consequental  damages  to  adjacent  property  or  business  caused  by 
the  passage  and  enforcement  of  this  ordinance  or  by  the  excavation, 
elevation,  depression  or  change  of  grade  made  in  any  of  the  public 
avenues,  streets  or  alleys  or  to  defend  any  suit  or  suits  which  may  be 
brought  against  any  party  or  parties  for  the  recovery  of  any  such  dam- 
ages, but  it  is  understood  that  all  such  damages,  if  there  are  any,  shall 
be  adjusted  and  paid  by  the  city  of  Chicago,  and  said  city  will  assume 
the  defense  of  any  and  all  suits  brought  for  the  recovery  of  the  same, 
intervening  therein  if  necessary  for  such  purpose,  and  will  wholly  re- 
lieve said  railway  companies  from.'  defending  the  same,  and  will  assume 
and  pay  all  judgments  recovered  therein.  The  above  stipulations  in 
this  paragraph  contained  are,  however,  upon  the  condition  precedent 
that  in  case  any  suit  be  brought  against  any  of  the  said  companies^ 
said  company  will  at  least  five  days  before  the  return  day  of  the  sum- 
mons therein,  give  notice  in  writing  of  such  suit  and  of  such  service, 
to  the  mayor  and  to  the  corporation  counsel  of  said  city  for  the  pur- 
pose of  enabling  such  defense  to  be  made  by  the  city. 

If  25.  Work— inspection  and  approval  by  commissioner  of 
public  works.]  § 9.  All  the  work  hereinbefore  in  this  ordinance 
required  to  be  done  by  said  company  upon  or  in  connection  with  the 
public  avenues  and  streets  of  the  city  shall  be  done  and  performed 
under  the  superintendence  and  subject  to1  the  inspection  and  approval 
of  the  commissioner  of  public  works  of  said  city.  At  least  ten  days 
prior  to  the  commencement  of  any  part  of  such  work,  the  plans  and 
specifications  therefor  shall  be  submitted  to  said  commissioner  of  pub- 
lic works,  for  his  examination,  and  if  found  to  be 

in  accordance  with  the  provisions  of  this  ordinance,  in  so 
far  as  this  ordinance  contains  specific  provisions  and  in  the  absence 
of  such  specific  provisions  if  they  shall  be  satisfactory 

to  the  commissioner  of  public  works  in  regard  to  matters  and  details 
which  by  this  ordinance  are  left  to  his  discretion  and  judgment,  such 
plans  shall  be  approved  by  him;  and  after  such  approval  all  of  the 
work  outlined  and  included  therein  shall  be  constructed  in  strict  con- 
formity therewith. 

T 26-  Permission  and  authority  — temporary  structures  ] . 

§ 10.  Permission  and  authority  are  hereby  given  to  said  companies, 
whenever  the  same  shall  be  necessary  in  the  prosecution  of  the  work 
they  are  herein  authorized  or  required  to  perform,  to  obstruct,  tem- 
porarily, any  public  street,  avenue  or  alley  to  such  extent  and  for 
such  length  of  time  as  may  be  approved  by  the  commissioner  of  pub- 
lic works;  and  they  are  also  hereby  authorized,  whenever  the  same 
shall  become  necessary,  to  erect  and  maintain  temporary  structures 
and  false  work  in  any  of  said  streets  and  avenues  during  the  con- 
struction of  their  said  elevated  or  depressed  railroad,  subject  to  the 
like  approval  of  said  commissioner  of  public  works. 

1 27.  Elevation  — height.]  § 11.  The  elevation  of  the  road- 
bed and  tracks  of  the  said  St.  Charles  Air  Line  Railroad,  as  required 


2166 


RAILROADS TRACK  ELEVATION. 


[§  934 


by  the  provisions  of  this  ordinance,  and  the  use  and  operation  of  said 
tracks  when  so  elevated,  being-  impracticable,  unless  and  until  the 
roadbed  and  tracks  of  the  elevated  railroad  built  by  the  Chicago  .and 
South  Side  Rapid  Transit  Railroad  Company,  now  owned  and  oper- 
ated by  the  South  Side  Elevated  Railroad  Company,  which  elevated 
railroad  crosses-the  said  St.  Charles  Air  Line  Railroad  between  Wa- 
bash avenue  and  State  street,  north  of  and  near  16th  street,  shall  be 
raised  at  the  crossing  to  a sufficient  height  above  the  elevated  tracks 
of  the  said  St.  Charles  Air  Line  Railroad  to  prevent  any  obstruction 
to  or  interference  with  the  construction,  maintenance,’  use  and  oper- 
ation of  such  elevated  tracks,  said  South  Side  Elevated  Railroad  Com- 
pany (successor  to  said  Chicago  and  South  Side  Rapid  Transit  Rail- 
road Company)  is  hereby  ordered  and  required  to  elevate  the  plane  of 
the  roadbed  and  tracks  of  its  said  elevated  road  at  the  crossing  afore- 
said, to  such  a height  above  the  roadbed  and  tracks  of  the  St.  Charles 
Air  Line  Railroad  when  raised  to  the  elevation  herein  required,  that 
there  shall  be  a minimum  clearance  of  headway  of  not  less  than  seven- 
teen (17)  feet  between  the  elevated  tracks  of  the  St.  Charles  Air  Line 
Railroad  and  the  lowest  part  of  the  overhead  structure  of  said  South 
Side  Elevated  Company.  The  tracks  of  said  elevated  railroad  com- 
pany on  each  side  of  said  crossing  to  be  adjusted  to  connect  with  the 
tracks  laid  upon  said  overhead  structure  at  said  crossing  in  such  a 
manner  and  at  such  gradients  as  said  elevated  railroad  com- 
pany shall  deem  proper.  And  upon  and  in  accordance  with  the  peti- 
tion of  the  owners  of  the  land  representing  more  than  one-half  of  the- 
frontage  of  Harrison  street,  between  Victoria  alley,  sometimes  called 
Holden  court,  and  Wabash  avenue.  Permission  and  authority  be  and 
the  same  are  hereby  granted  to  said  South  Side  Elevated  Railroad 
Company  (successor  to  said  Chicago  and  South  Side  Rapid  Transit 
Railroad  Company),  its  successors  and  assigns,  to  construct  and  oper- 
ate for  the  period  of  50  years  from  and  after  March  26,  A.  D.  1888,  a 
double  track  elevated  railroad  on  Harrison  street,  in  Chicago,  Illinois, 
from  Victoria  alley,  sometimes  called  Holden  court,  to  Wabash  ave- 
nue, to  connect  and  with  all  curves,  columns  and  construction  neces- 
sary or  proper  to  connect  the  present  elevated  railroad  and  tracks  of 
said  South  Side  Elevated  Railroad  Company  with  the  elevated  road 
and  tracks  of  the  Union  Elevated  Railroad  Company  on  Wabash  ave- 
nue. The  elevated  road  hereby  authorized  shall  be  of  what  is  known 
as  lattice  work  construction,  with  the  columns  set  upon  or  immedi- 
ately within  the  curb  lines,  and  otherwise  shall  conform'  to  and  be 
constructed  and  operated  under  and  in  accordance  with  the  terms  of 
the  ordinances  heretofore  passed  granting  authority  to  said  Chicago 
and  South  Side  Rapid  Transit  Railroad  Company  to  construct  and 
operate  an  elevated  railroad.  Said  South  Side  Elevated  Railroad 
Company  shall  begin  the  elevation  of  its  said  road  at  said  crossing 
as  scon  as  reasonably  practicable  after  all  other  railroad  companies 
have  filed  with  the  mayor  of  Chicago  their  agreements  referred  to  in 
section  17  of  this  ordinance.  The  work  of  such  elevation  shall  be- 


§ 934] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2167 


fully  and  finally  completed  within  ninety  days  after  such  acceptance 
shall  be  filed  by  the  other  of  said  railroad  companies,  and  in  case  of 
failure  or  default  on  part  of  said  South  Side  Elevated  Rail- 
road company,  its  successors  or  assigns,  to  complete  the 
work  and  construction  of  such  elevation  within  the  period 
of  ninety  days  from  and  after  the  acceptance  of  this  ordinance 
by  said  other  railroad  companies,  said  company  shall  pay  to  the  city 
of  Chicago  as  assessed,  agreed  and  liquidated,  damages  the  sum  of  two 
hundred  ($200)  dollars  per  day  for  each  and  every  day  that  such  de- 
fault shall  continue,  and  such  elevation  of  the  structure  and  tracks  of 
the  South  Side  Elevated  Railroad  Company  shall  remain  unfinished 
and  incomplete,  it  being  agreed  that  the  said  sum  of  two  hundred  ($200) 
dollars  per  day  is  not  a penalty,  but  is  the  actual  amount  of  damages 
that  will  be  sustained  by  the  city  of  Chicago  through  any  default  on 
the  part  of  said  South  Side  Elevated  Railroad  Company,  but  the  fore- 
going provisions  in  relation  to  the  payment  of  said  damages  shall  not 
be  in  any  way  held  to  interfere  with  the  rights  to  be  derived  by  the 
city  under  the  provisions  contained  in  section  thirteen  (13)  of  this  ordi- 
nance, but  shall  be  deemed  and  construed  as  an  additional  and  further 
remedy  in  behalf  of  the  city  in  case  of  default  on  the  part  of  said  South 
Side  Elevated  Railroad  Company.  The  time  of  delay,  if  any,  occa- 
sioned by  strikes,  riots  or  unavoidable  accident  shall  be  added  to  the 
ninety  (90)  days  above  provided  for  the  completion  of  said  work. 

^ 28.  Elevate  tracks  — when  to  begin  — time  for  comple- 
tion.] § 12.  The  various  railway  companies  mentioned  in  section  1 
of  this  ordinance,  and  who  are  required  to  elevate  or  depress  their 
tracks,  shall  commence  the  work  of  such  elevation  and  depression  at 
once,  whenever  the  South  Side  Elevated  Railroad  Company’s  elevated 
road  shall  be  raised  at  the  crossing  of  that  road  by  the  St.  Charles  Air 
Line  Railroad  to  the  elevation  required  by  the  eleventh  section  of  this 
ordinance;  Provided,  this  ordinance  shall  have  been  accepted  by  the 
said  several  railways  hereby  required  to  elevate  their  tracks.  After 
such  work  has  commenced,  the  same  shall  be  prosecuted  continuously 
and  with  all  practical  diligence,  and  shall  be  fully  and  finally  completed 
within  two  years  after  the  elevation  of  the  tracks  of  the  said  South 
Side  Elevated  Railroad  Company  at  said  crossing,  unless  prevented  by 
strike,  or  restrained  by  injunction  or  other  orders  or  process  of  court 
of  competent  jurisdiction.  The  time  during  which  said  railway  com- 
pany shall  be  prevented  by  strike  or  strikes  or  legal  proceedings,  as 
aforesaid,  shall  be  added  to  the  time  hereby  limited  for  the  completion 
of  said  work;  Provided,  said  railway  companies  give  notice  to  the  cor- 
poration counsel  of  the  city  of  Chicago  of  the  institution  of  said  legal 
proceedings.  The  city  of  Chicago  shall  thereupon  have  the  right  to 
intervene  in  any  suit  or  proceedings  brought  by  any  person  or  persons 
seeking  to  enjoin  or  restrain,  or  in  any  manner  interfere  with  the  pros- 
ecution of  said  work,  and  move  for  a dissolution  of  such  injunction 
and  restraining  order,  and  for  any  other  proper  order  in  such  suit. 

If  29.  Work — portion  of— time.]  § 13.  Each  and  every  one 


2168 


RAILROADS TRACK  ELEVATION. 


of  the  companies  required  by  this  ordinance  to  elevate  or  depress  its 
tracks,  including  the  South  Side  Elevated  Railroad  Company,  shall 
do  its  portion  of  the  work  in  accordance  with  the  terms  hereof  in 
apt  and  proper  time,  so  as  not  to  interfere  with  the  proper  and  orderly 
prosecution  of  such  work  as  a whole.  Should  any  company  fail  or 
neglect  so  to  prosecute  its  work,  the  commissioner  of  public  works  of 
the  city  of  Chicago  shall  have  and  is  hereby  given  the  right,  power 
and  authority  to  give  ten  days’  notice  in  writing  to  such  delinquent 
company  to  prosecute  such  work.  If  such  company  shall  fail  or  neg- 
lect to  comply  with  said  notice,  the  commissioner  of  public  works  may 
take  charge  of  and  cause  such  work  to  be  done,  and  the  expense  thereof 
shall  thereupon  be  paid  by  such  delinquent  company. 

If  30.  Grant — connect  tracks  — change  grade.]  § 14.  Per- 
mission and  authority  are  hereby  granted  to'  the  Illinois  Central  Rail- 
road Company  to  connect  its  tracks  with  the  tracks  of  the  said  St. 
Charles  Air  Line  Railroad,  at  such  point  east  of  Indiana  avenue  as 
may  be  agreed  upon  between  the  Illinois  Central  Railroad  Company 
and  the  proprietors  of  the  St.  Charles  Air  Line  Railroad,  by  means  of 
an  ascent  or  incline,  to  be  constructed  on  land  owned  by  either,  and  to 
maintain  such  connection  in  perpetuity,  and  to  change  the  grade  or 
vary  the  line  thereof  from  time  to  time  as  it  may  deem  proper. 

Tf  31.  Maintain  and  operate.!  § 15.  When  the  work  of  ele- 
vating the  St.  Charles  Air  Line  Railroad,  as  required  by  the  provisions 
of  this  ordinance,  is  completed  the  proprietors  of  said  railroad,  their 
successors  and  assigns,  shall  have  the  right  to  maintain  and  operate 
the  said  railroad  in  its  new  and  altered  location  and  in  its  new  and 
altered  and  elevated  condition  as  said  proprietors  have  heretofore  had 
to  maintain  and  operate  such  railroad  in  and  along  the  route  and  upon 
the  site  heretofore  occupied  by  it. 

If  32.  Time  of  ordinance  in  force  — condition.]  § 16.  When 

the  said  several  railroads  in  section  1 of  this  ordinance  mentioned 
shall  have  elevated  or  depressed  their  respective  tracks  in  accordance 
with  this  ordinance,  so  that  the  same  shall  be  ready  for  use,  then  and 
thereupon  all  provisions  of  the  ordinances  of  the  city  of  Chicago  re- 
lating to  the  speed  of  railway  trains,  the  length  of  trains,  the  number 
of  cars  to  constitute  a train  and  the  maintenance  of  gates,  flagmen, 
watchmen,  signals  and  signal  towers,  shall  cease  to  be  applicable  to 
said  railroads;  Provided,  however,  this  ordinance  is  not  to  be  con- 
strued as  a waiver  or  surrender  by  the  city  of  Chicago  of  any  of  its  po- 
lice powers  or  of  the  right  at  any  time  hereafter  to  pass  necessary  and 
reasonable  police  ordinances  in  relation  to  the  matters  last  above 
enumerated.  After  such  elevation  it  shall  be  unlawful  for  any  person 
or  persons,  save  employes  of  said  company,  or  either  of  them',  in  the 
discharge  of  their  duties,  to  enter  or  be  upon  or  to  walk  along  or 
across  the  said  elevated  structure  or  roadway  at  any  place.  If  any 
person  shall  wilfully  trespass  upon  said  elevated  roadway,  such  per- 
son and  all  others  aiding,  abetting  or  assisting  therein,  shall  be  liable 


§ 935] 


ST.  CHARLES  AIR  LINE  RAILWAY. 


2169 


to  a fine  of  not  less  than  five  dollars  nor  more  than  one  hundred  dol- 
lars for  each  and  every  such  offense. 

a 33.  Time  to  take  effect  — modified  or  amended  — con- 
sent.] § i/.  This  ordinance  shall  take  effect  from  and  after  its  pas- 
sage, approval  and  publication;  Provided,  however,  this  ordinance 
shall  be  null  and  void  except  as  to  the  grant  of  the  right  of  way  to 
said  South  Side  Elevated  Railroad  Company  contained  in  section  eleven, 
unless  each  and  every  one  of  said  companies  which  are  by  this  ordi- 
nance permitted  and  required  to  elevate  or  depress  their  railroad  tracks, 
except  South  Side  Elevated  Railroad  Company,  shall,  through  the  au- 
thorized officers  of  said  several  companies,  file  with  the  mayor  of  the 
city  of  Chicago,  within  thirty  days  from  the  passage  and  approval  by 
the  mayor  of  this  ordinance,  agreement  or  agreements  duly  executed 
whereby  said  railway  companies  shall  undertake  to  do  and  perform 
all  the  matters  and  things  required  of  them  respectively  by  this  ordi- 
nance. "After  the  filing  of  said  agreement  or  agreements  by  all  of  said 
several  companies,  and  not  before,  this  ordinance  shall  not  be  ma- 
terially modified  or  amended  without  the  consent  of  any  company 
effected  by  any  proposed  modification, -unless  said  company  or  com- 
panies shall  be  in  default  in  the  performance  of  the  several  matters  and 
things  required  by  this  ordinance  and  undertaking  to  be  done  by  such 
agreement.  No  act  or  default  of  any  of  the  other  companies  shall  avoid 
or  impair  any  of  the  rights  hereunder  of  the  said  South  Side  Elevated 
Railroad  Company  so1  long  as  it  shall  perform  the  matters  and  things 
expressly  required  of  it  by  this  ordinance.  Nothing  in  this  ordinance 
contained  shall  be  a waiver  or  surrender  of  the  police  power  of  the 
city  or  deprive  the  city  of  the  right  to<  properly  exercise  such  power. 

§ 935-  St.  Charles  Air  Line  Railroad. 

If  1.  Amendment. 

If  2.  When  to  go  into  effect. 

An  ordinance  amending  an  ordinance  providing  for  the  elevation  of  the  tracks 
of  the  St.  Charles  Air  Line  Railroad,  and  to  correct  certain  errors  in  spell- 
ing and  phraseology.  (Passed  June  21,  1897.) 

Whereas,  In  an  ordinance  in  relation  to  the  elevation  and  depres- 
sion of  certain  railroad  tracks,  passed  on  the  17th  day  of  May,  1897, 
and  published  in  the  official  council  proceedings  of  the  city  council 
of  Chicago,  on  pages  209  to  223,  inclusive.  In  the  above-mentioned 
ordinance  there  were  certain  inaccuracies  arising  from  errors  in  mis- 
spelling and  phraseology,  which  inaccuracies  ought  to  be  corrected. 
Now,  therefore,  in  order  to  correct  such  errors  to  said  ordinance  passed 
% May  17th,  1897,  ^ 

T[  1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  said  ordinance  above  referred  to  is  hereby 

amended,  as  follows: 

(a)  Amend  paragraph  4,  section  1 (in  the  second  column  on  page 
21 1,  at  the  end  of  the  9th  line),  by  striking  out  the  word  “grading”  and 
by  inserting  in  lieu  thereof  the  word  “gradient.” 


2170 


RAILROADS TRACK  ELEVATION. 


(b)  Amend  paragraph  7,  section  1 (in  the  second  column  on  page 
213  in  2 1st  line),  by  striking  out  the  word  “company”  and  by  insert- 
ing in  lieu  thereof  the  word  “companies.” 

(c)  Amend  section  7 (in  the  first  column  on  page  218,  in  the  8th 
line),  by  striking  out  the  word  “discharged”  and  by  inserting  in  lieu 
thereof  the  word  “discharge.” 

(d)  Amend  paragraph  5,  section  8 (in  second  column  on  page  219, 
in  the  5th  line),  by  striking  out  the  word  “consequental”  and  by  insert- 
ing in  lieu  thereof  the  word  “consequential.” 

(e)  Amend  section  9 (in  the  second  column  on  page  219,  in  the  3d 
line),  by  striking  out  the  word  “company”  and  by  inserting  in  lieu 
thereof  the  word  “companies.” 

(f)  Amend  section  16  (in  the  second  column  on  page  222)  as  fol- 
lows: In  the  17th  line,  after  the  word  “elevation,”  insert  the  words 
“and  depression;”  in  the  19th  line,  by  striking  out  the  word  “company” 
and  inserting  in  lieu  thereof,  the  word  “companies;”  in  the  226.  line, 
insert  after  the  word  “or”  the  word  “depressed;”  in  the  25th  line,  by 
inserting  before  the  word  “roadway,”  the  words  “or  depressed.” 

(g)  Amend  section  17  (in  the  first  column  on  page  223,  in  the  5'th 
line),  by  striking  out  the  word  “effected”  and  by  inserting  in  lieu  there- 
of the  word  “affected.” 

2.  When  to  go  into  effect.]  § 2.  This  ordinance  shall  be 
in  force  and  effect  from'  and  after  its  passage. 

UNION  ELEVATED  RAILROAD  COMPANY  AND 
OTHER  COMPANIES. 

§ 936.  Union  Elevated  Railroad  Company,  the  Union  Consoli- 
dated Elevated  Railway  Company,  the  Lake  Street  Elevated  Railroad 
Company  and  the  Northwestern  Elevated  Railroad  Company. 

If  1.  Structures  connecting  with  “Union  Loop”  prohibited. 

If  2.  To  be  torn  down  and  removed, 
t 3.  Who  to  remove. 
i 4.  When  in  force. 

An  ordinance  to  provide  for  the  prevention  and  removal  of  obstructions  to 

certain  streets.  (Passed  December  13,  1897.) 

TI  1.  Structures  connecting  with  “ Union  loop  ” prohibited.] 

Be  it  ordained  by  the  city  council  of  the  city  of  Chicago:  § 1. 

Whereas,  the  construction  of  passageways,  bridges,  platforms  and 
structures  o*  any  kind  or  nature  whatsoever  connecting  and  joining  the 
elevated  roadway  and  stations  of  the  Union  Elevated  Railroad  Corn-* 
pany,  the  Union  Consolidated  Elevated  Railway  Company,  the  Lake 
Street  Elevated  Railroad  Company  and  the  Northwestern  Elevated 
Railroad  Company,  constituting  the  elevated  loop  railroads  in  Lake 
street,  Van  Buren  street,  Fifth  avenue  and  Wabash  avenue,  and  known 
as  the  “Union  Loop,”  in  the  city  of  Chicago  with  any  building  or  build- 
ings on  property  adjacent  to  or  fronting  on  such  elevated  roads,  is  a 


934] 


UNION  ELEVATED  RAILROAD  COMPANY. 


2171 


public  nuisance,  a menace  to  health,  and  contrary  to  law  and  to  the 
rights  of  the  public. 

If  2.  To  be  torn  down  and  removed.  ] § 2.  Therefore,  it 

is  hereby  ordered  that  all  passageways,  bridges,  platforms  and  struc- 
tures of  every  kind  and  nature  designated  in  the  first  section  hereof 
and  heretofore  erected,  or  now  in  process  of  erection,  shall  be  forth- 
with torn  down  and  removed,  and  it  is  further  ordered  that  no  such 
structure  of  any  kind  or  nature  shall  be  permitted  to  be  built  or  erected 
in  the  future. 

If  3.  Who  to  remove.  ] § 3.  The  commissioner  of  public 

works  is  hereby  ordered  and  directed  to  remove  and  take  down,  or 
cause  to  be  removed  and  taken  down,  forthwith,  all  such  structures, 
and  he  is  further  ordered  and  directed  to  prevent  the  erection  or  main- 
tenance of  any  such  structures  in  the  future. 

If  4.  When  in  force.  ] § 4.  This  ordinance  shall  take  effect 

and  be  in  force  from  and  after  its  passage. 


CHAPTER  XXIV.— STREET  RAILWAYS. 


§ 937.  Calumet  Electric  Street  Railway  Company. 
§ 938.  Chicago  City  Railway  Company. 

§ 939.  Chicago  General  Railway  Company. 

§ 940.  General  Railway  Company. 

§ 941.  Suburban  Railroad  Company. 

§ 942.  Suburban  Railroad  Company.  . 

§ 943.  Suburban  Railroad  Company. 

§ 944.  West  Chicago  Street  Railway  Company. 


CALUMET  ELECTRIC  STREET  RAILWAY  COMPANY. 

§ 937-  Calumet  Electric  Street  Railway  Company. 

H 1.  Grant. 

If  2.  Subject  to  prior  ordinance. 

If  3.  When  in  force. 

An  ordinance  authorizing  The  Calumet  Electric  Street  Railway  Company  to 
construct  and  operate  a street  railway  on  Stony  Island  avenue,  between 
Sixty-third  (63d)  street  and  Sixty-fourth  (64th)  street.  (Passed  March 
28,  1898.) 

If  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  in  consideration  of  the  acceptance  hereof,  and 

the  undertaking  of  The  Calumet  Electric  Street  Railway  Company  to 
comply  with  the  conditions  herein  contained,  consent,  permission  and 
authority  are  hereby  granted  said  company,  its  successors  and  assigns, 
to  lay  down,  construct,  maintain  and  operate  an  electric  street  railway 
loop  on  private  property,  between  Sixty-third  (63rd)  street  and  Sixty- 
fourth  (64th)  street,  in  the  city  of  Chicago,  county  of  Cook,  and  state 
of  Illinois,  to-wit:  Lots  fourteen  (14),  fifteen  (15)  and  nineteen  (19), 

in  Robertson’s  subdivision,  in  section  twenty-three  (23),  township 
thirty-eight  (38)  north,  range  fourteen  (14),  and  an  electric  street  rail- 
way with  two  tracks  on  Stony  Island  avenue,  connecting  said  loop 
with  the  present  tracks  of  said  company  and  the  South  Chicago  City 
Railway  Company  at  the  south  line  of  said  Sixty-Fourth  (64th)  street. 

If  2.  Subject  to  prior  ordinance.]  § 2.  The  permission  and 
authority  hereby  granted  is  subject  to  all  the  terms  and  conditions  of 
an  ordinance  passed  November  nth,  A.  D.  1895,  granting  said  com- 
pany permission  and  authority  to  construct  and  operate  an  electric 
street  railway  on  sundry  streets  of  the  city  of  Chicago. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 

2172 


§ 93^] 


CHICAGO  CITY  RAILWAY  COMPANY. 


2173 


CHICAGO  CITY  RAILWAY  COMPANY. 

§ 938.  Chicago  City  Railway  Company. 

If  1.  Passengers  to  be  carried. 

If  2.  Penalty. 

f 3.  When  in  force. 

An  ordinance  regulating  transfer  of  passengers  on  the  lines  of  the  Chicago 

City  Railway  Company  from  points  south  of  Van  Buren  street  to  points 

north  of  Van  Buren  street.  (Passed  May  23,  1898.) 

Preamble.  Whereas,  Great  complaint  is  being  made  by  patrons  of 
the  Chicago  City  Railway  Company  to  the  effect  that  the  said  company 
is  greatly  annoying  and  inconveniencing  the  public  who  desire  trans- 
portation on  the  lines  of  said  company  from  points  south  of  Van  Buren 
street  to  points  north  of  said  streets,  and  vice  versa,  by  discharging 
such  passengers  at  Van  Buren  street  and  refusing  to  convey  such  pas- 
sengers further  south  or  north,  as  the  case  may  be,  unless  upon  pay- 
ment of  another  fare;  and 

Whereas,  Such  a practice  is  unreasonable  and  extortionate  and  con- 
trary tO'  the  provisions  and  the  spirit  of  the  ordinances  granted  said 
company  by  this  body,  which  said  ordinances  contemplated  a con- 
tinuous ride  being  given  north  and  south  to  and  from  the  downtown 
business  district;  therefore, 

If  1.  Passenger  to  be  carried.  ] Be  it  ordained  by  the  city 
council  of  the  city  of  Chicago:  § 1.  That  the  Chicago  City  Rail- 

way Company  shall  carry  any  person  or  persons  taking  passage 
on  any  of  the  cars  of  said  company  at  any  point  of  said 
company’s  lines  north  or  south  of  Van  Buren  street  and 
desiring  a continuous  ride  from  the  point  of  embarkation 
north  of  Van  Buren  street  or  south,  as  the  case  may  be,  for 
one  fare.  Provided,  however,  that  the  said  railway  company 
is  not  hereby  required  to  carry  a passenger  any  greater  distance  north 
or  south  of  Van  Buren  street  for  one  fare  than  said  company  carried 
passengers  for  the  same  fare  immediately  prior  to  the  15th  day  oi 
April,  A.  D.  1898,  but  it  is  intended  to  require  said  railway  company 
to  carry  passengers  the  same  distance  and  between  the  same  points 
for  one  fare,  as  was  the  practice  of  said  company  during  the  period 
immediately  preceding  the  15th  day  of  April,  A.  D.  1898. 

I 2.  Penalty,]  § 2.  Each  and  every  violation  of  any  of  the  pro- 
visions of  this  ordinance  by  the  Chicago  City  Railway  Company,  or 
any  of  its  officers  or  agents,  shall  subject  said  company  or  corporation 
to  a fine  of  not  less  than  $20  nor  more  than  $100. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  publication. 


2174 


STREET  RAILWAYS. 


CHICAGO  GENERAL  RAILWAY  COMPANY. 

§ 939-  Chicago  General  Railway  Company. 

II  1.  Streets  named— Grant.  Twenty  years. 

IT  2.  Franchises  subject  to  ordinances. 

II  3.  Compensation  subject  to  general  ordinances. 

If  4.  License  fee  subject  to  general  ordinance. 

If  5.  Rate  of  fare  subject  to  general  ordinance. 

II  6.  Indemnifying  bond. 

If  7.  Acceptance. 

f 8.  Time  of  construction— pavement. 

i 9.  Tracks— how  laid. 

If  10.  Excavations  on  streets. 

If  11.  Motive  power. 

11  12.  Wire  construction. 

If  13.  Grade  crossings  to  be  avoided. 

t 14.  Heating  of  cars. 

i 15.  Confirmation  of  leased  lines  subject  to  general  ordinances. 

t 16.  Damage  to  abutting  owners. 

An  ordinance  confirming  leased  lines  of  the  West  and  South  Towns  Street 

Railway  Company  to  the  Chicago  General  Railway  Company,  and  ex- 
tending the  same.  (Passed  June  28,  1897.) 

1 1.  Streets  named — grant,  twenty  years.]  Be  it  ordained 
by  the  city  council  of  the  city  of  Chicago:  § i.  Whereas,  the  owners 

of  the  land  representing  more  than  one-half  of  the  frontage  of  each 
mile,  and  of  each  fraction  of  a mile,  in  excess  of  the  whole  miles  of  the 
streets  herein  sought  to  be  used  for  railroad  purposes  have  petitioned 
for  and  consented  to  the  use  of  the  streets  herein  named  for  railroad 
purposes;  and  upon  ten  days’  public  notice  given,  according  to  law, 
and  for  the  purpose  of  furnishing  necessary  public  facilities  not  other- 
wise provided,  authority  is  hereby  granted  to  the  Chicago  General 
Railway  Company  to  construct,  maintain  and  operate,  for  a period  of 
twenty  years,  a single  or  double  track  railway,  with  all  necessary  and 
convenient  curves,  turnouts,  side  tracks,  connections  and  switches,  and 
with  the  right  to  cross  all  connecting,  abutting  or  intersecting  streets, 
avenues,  courts,  places,  highways,  public  grounds,  and  other  railways, 
on  the  following  named  streets,  to-wit: 

On  Twenty-second  street,  from  the  Chicago  river  west  to  the  city 
limits. 

On  Twenty-fifth  street,  from  Rockwell  street  to  West  Forty-fourth 
avenue. 

On  Twenty-eighth  street,  from  Kedzie  avenue  to  West  Forty- 
second  avenue. 

On  Ashland  avenue,  from  Twenty-second  street  to  Archer  avenue. 

On  Rockwell  street,  from  Nineteenth  street  to  Twenty-sixth  street. 

On  California  avenue,  from  Ogden  avenue  to  Twenty-fifth  street. 

On  Kedzie  avenue,  from  Twenty-second  street  to  Thirty-eighth 
street. 

On  Lawndale  avenue,  from  Ogden  avenue  to  Thirty-fifth  street. 

On  West  Forty-second  avenue,  from  Twenty-second  street  to* 
Thirty-first  street. 


CHICAGO  GENERAL  RAILWAY  COMPANY. 


2175- 


§ 939] 


f 2.  Franchises  subject  to  ordinances.]  § 2.  The  franchises 

granted  by  this  ordinance,  except  as  herein  specially  provided,  are 
granted  subject  to  all  general  ordinances  of  the  city  of  Chicago,  regu- 
lating street  railroads,  which  are  now  in  force  or  which  may  hereafter 
be  passed  by  said  city  under  its  police  power;  Provided,  however,  that 
such  ordinances  shall  be  of  general  application  and  uniform  as  to  the 
class  upon  which  it  operates. 

1 3.  Compensation  subject  to  general  ordinances.]  § 3. 

For  and  in  consideration  of  the  privileges  herein  granted,  and  as  an- 
nual compensation  therefor,  said  company,  its  successors,  lessees  or 
assigns,  shall  annually  pay  into  the  treasury  of  the  city  of  Chicago  on 
the  first  day  of  February  of  each  and  every  year,  an  amount  equal  to 
three  (3)  per  cent  of  the  gross  receipts  of  said  company  after  five  years 
from  the  date  of  the  passage  of  this  ordinance. 

4. ’  License  fee  subject  to  general  ordinance]  § 4.  Said 
company  shall  pay  to  the  city  of  Chicago  the  sum  of  fifty  dollars  ($50) 
as  annual  license  for  each  and  every  car  used  by  said  company,  to  be 
computed  according  to  the  general  ordinances  now  existing  or  which 
may  hereafter  be  passed.  At  any  time  when  the  amount  of  said  license- 
fee  shall  be  changed  by  general  ordinance  said  company  shall  pay  such 
uniform  sum  as  may  be  required  of  the  class  to  which  said  general 
ordinances  may  refer. 

5.  Rate  of  fare  subject  to  general  ordinance.]  § 5.  The 
rate-  of  fare  for  one  continuous  ride  on  the  lines  of  said  company  shall, 
be  not  more  than  five  (5)  cents  for  each  passenger. 

r 6.  Indemnifying  bond.]  § 6.  Said  company  shall  forever 
indemnify  and  save  harmless  the  city  of  Chicago  against  and  from  any 
and  all  damages,  judgments,  decrees,  costs  and  expenses  which  said 
city  may  suffer,  or  which  may  be  recovered  or  obtained  against  said 
city  for  or  by  reason  of  the  granting  of  the  privileges  hereby  conferred 
upon  it,  or  for  or  by  reason  or  growing  out  of  or  resulting  from  the 
exercise  by  said  company  of  the  privileges  hereby  granted,  or  from 
any  act  or  acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance,  and  said  company  shall, 
within  the  time  limited  for  the  acceptance  of  this  ordinance,  file  with* 
the  city  clerk  a bond  to  the  city  of  Chicago  in  the  penal  sum  of  ten 
thousand  dollars  ($10,000)  with  sureties  to  be  approved  by.  the  mayor 
of  the  city  of  Chicago,  conditioned  upon  the  faithful  performance  and 
observance  by  said  company  of  all  the  conditions  and  provisions  of  this 
ordinance. 

Tf  7.  Acceptance.]  § 7.  This  ordinance  shall  be  in  force  and' 
take  effect  from  and  after  its  passage  and  acceptance  by  said  company, 
provided  the  bond  hereinabove  mentioned  shall  be  filed  and  this  ordi- 
nance accepted  within  thirty  days  after  the  passage  of  the  same,  other- 
wise this  ordinance  to  become  void. 

1 8.  Time  of  con  tr  - me  t 1 § 8.  Said  railway 

shall  be  constructed  within  one  year  after  the  underground  work  in  the 


2176 


STREET  RAILWAYS. 


[§  939 


respective  streets  is  completed  by  the  city,  and  when  any  new  pave- 
ment is  ordered  of  the  abutting  owners  on  any  of  said  streets,  sixteen 
feet  of  the  same  shall  be  paid  for  by  the  company,  where  a double 
track  is  so  laid,  and  eight  feet  of  the  same  where  a single  track  is  so 
laid,  and  where  one  or  more  tracks  are  laid  prior  to  the  completion 
of  the  sewei,  water  supply  or  other  underground  work,  said  company 
shall  thereupon  pave  between  its  rails,  and  the  same  respectively  shall 
be  kept  in  repair  by  said  company  during  the  term  of  this  ordinance, 
under  such  general  ordinances  or  orders  of  the  city  council  as  are  now 
in  force  or  which  may  hereafter  be  passed  from  time  to  time;  and  if 
said  company  shall  fail  or  refuse  so  to  do,  the  work  may  be  done  by 
said  city,  and  the  company  shall  be  liable  for  the  cost  thereof. 

If  9.  Tracks — how  laid.]  § g.  The  tracks  of  said  railway  shall 
be  laid  with  modern  improved  rails,  and  in  such  a manner  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross  the  same  at  all 
points  and  in  all  directions  without  obstruction,  and  shall  also  be  laid 
as  near  to  the  center  of  the  street  as  practicable.  Section  1509  of  the 
municipal  code  of  Chicago  of  1881  shall  not  apply  to  the  railroad  tracks 
herein  authorized,  but  the  rails  to  be  used  shall  be  satisfactory  to  the 
commissioner  of  public  works,  and  shall  be  laid  under  his  direction. 
Curves  at  street  intersections  may  be  constructed  upon  the  radius  of 
the  sidewalk  space. 

% 10.  Excavations  on  streets.]  § 10.  Said  company  may 
make  all  needful  and  convenient  curves,  trenches,  excavations  and 
sewer  connections,  and  may  place  all  needful  and  convenient  cables  and 
machinery  in  said  street.  Such  cables  and  machinery  shall  be  under- 
ground, and  constructed  in  a substantial  and  workmanlike  manner,  of 
the  most  approved  method  and  convenience,  and  constructed  in  a man- 
ner satisfactory  to  the  commissioner  of  public  works,  so  as  not  to  in- 
terfere with  public  travel;  Provided,  that  if  in  the  construction  of  said 
trenches  and  excavations,  any  damage  or  injury  should  result  to  any  of 
the  sewers,  water  pipes  or  private  drains,  then  said  company  shall  be 
held  liable  and  pay  therefor.  All  needful  and  convenient  connections, 
with  the  motive  power  or  engines,  shall  be  subject  to  the  same  restric- 
tions. 

% 11.  Motive  power.]  § 11.  The  cars  of  said  company,  its 
successors,  lessees  and  assigns,  on  lines  owned,  leased  or  controlled 
by  it,  may  be  operated  by  animal  or  cable  power,  electric,  compressed 
air,  gas  or  storage  battery  motors.  If  electric  overhead  contact  wires 
are  used,  such  wires,  with  the  necessary  feed  wires,  may  be  suspended 
from  poles  set  within  the  curb  lines,  or  on  either  side  thereof,  or  from 
bracket  poles  in  the  center  of  the  street,  the  location  of  said  poles  to 
be  determined  by  the  commissioner  of  public  works. 

Tf  12.  Wire  construction.]  § 12.  The  trolley  and  feed  wires  of 
said  company  shall  be  suspended  not  less  than  eighteen  and  one-half 
(18^2)  feet  above  the  rails,  and  the  said  poles  and  supports  shall  be 
placed  on  an  average  of  not  less  than  one  hundred  and  fifteen  feet 
apart.  No  poles  shall  be  set  at  intersection  of  streets  and  alleys.  Such 


§ 9391 


CHICAGO  GENERAL  RAILWAY  COMPANY. 


2177 


poles  and  wires  may  be  erected  and  maintained  for  the  purpose  of  sup- 
plying- electric  current  which  can  be  used  for  power,  heat  and  light 
purposes,  and  the  right  is  hereby  granted  to  connect  the  wires  herein 
authorized  with  the  generators  or  power  stations  of  said  company,  or 
any  station  or  power  house  in  connection  with  said  railroad,  or  with 
any  power  house  or  station  along  any  line  of  railroad  of  said  company 
used  by  it  in  connection  with  its  cable,  horse  or  electric  system'.  Said 
company  may  convey  said  wires  from  such  generators,  power  house 
or  station  to  the  lines  of  wire  authorized  upon  poles  placed  upon  or 
along  the  alleys  of  the  city,  or  whenever  in  the  judgment  of  the  com- 
missioner of  public  works  it  shall  be  impracticable  to  place  such  poles 
in  alleys  said  commissioner  may  permit  said  poles  to  be  placed  in 
streets,  or  said  company  may,  if  the  commissioner  of  public  works 
consents  thereto,  convey  said  connecting  wires  in  an  underground  con- 
duit through  the  streets  or  alleys  of  the  city  of  Chicago. 

If  13.  Grade  crossings  to  be  avoided.]  § 13.  For  the  pur- 
pose of  avoiding  a grade  crossing  of  the  steam  railroads  which  may  be 
crossed  by  any  of  the  lines  owned,  leased  or  operated  by  said  Chicago 
General  Railway,  the  said  company,  its  successors,  lessees  and  assigns, 
are  hereby  authorized  to  cross  all  steam  railroads  at  grade  or  by  via- 
ducts, elevated  tracks  or  subways,  to  be  constructed  within  the  streets 
upon  which  said  company  may  have  authority  to-  operate,  or  on  prop- 
erty obtained  by  condemnation,  lease  or  purchase;  and  if  on  property 
so  obtained  said  company  is  hereby  granted  the  right,  for  such  purpose, 
to  cross  all  intervening  streets,  avenues,  courts,  places,  alleys  and  pub- 
lic highways;  Provided,  however,  that  the  plans  for  such  crossings 
shall  first  be  submitted  to  and  approved  by  the  commissioner  of  public 
works,  and  that  such  improvement  shall  be  done  and  paid  for  by  said 
company. 

T 14.  Heating  of  cars.  ] § 14.  The  cars  upon  the  railway 

hereby  authorized  shall  be  provided  during  the  months  of  November, 
December,  January  and  February  of  each  year  with  heating  apparatus 
of  a kind  and  nature  to  be  selected  by  said  company,  which  shall  be 
reasonably  effective  in  raising  the  temperature  in  said  car,  and  heating 
the  same;  and  the  said  apparatus  shall  be  operated  at  such  times  during 
the  months  aforesaid  as  the  need  of  the  weather  and  degrees  of  tem- 
perature shall  require. 

If  15.  Confirmation  of  leased  lines  subject  to  general  ordi- 
nances.] § 15.  Whereas,  on  February  8th,  1892,  an  ordinance 
granted  the  West  and  South  Towns  Street  Railway  Company  authority 
to  construct  and  operate  a railway  along  West  Twenty-second  street, 
from  Grove  street  to  Crawford  avenue,  and  on  Lawndale  avenue  from 
Twenty-second,  street  to  Thirty-fifth  street,  as  more  fully  appears  by 
reference  to  said  ordinance.  And  on  April  5th,  1893,  an  ordinance 
granted  to  said  West  and  South  Towns  Street  Railway  Company  au- 
thonty  to  construct  and  operate  a railway  on  portions  of  Rockwell 
street,  Twenty-fifth  street  and  Kedzie  avenue,  as  more  fully  appears  by 


2178 


STREET  RAILWAYS. 


[§  940 


reference  to  said  ordinance,  and  on  December  10th,  1894,  an  ordinance 
granted  said  company  authority  to  construct  and  operate  a railway  on 
Homan  avenue,  as  more  fully  appears  from  said  ordinance,  and  said 
West  and  South  Towns  Street  Railway  Company  conveyed  its  rights 
and  property  by  lease  to  said  Chicago  General  Railway  Company. 

Therefore  authority  for  the  construction,  completion  and  operation 
of  the  railroad  over  and  along  the  streets  or  parts  of  streets  in  said 
respective  ordinances  respectively  mentioned,  is  hereby  confirmed  and 
granted  to  the  Chicago  General  Railway  Company  for  the  period  of  the 
continuance  of  the  same,  and  including  all  necessary  and  convenient 
curves,  turnouts,  sidetracks,  connections  and  switches,  with  the  right 
to  cross  all  connecting,  abutting  or  intersecting  streets,  avenues,  courts, 
places  and  highways ; and  all  rights  in  said  respective  ordinances  grant- 
ed shall  extend  to  any  lines  of  railroad  operated  by  the  same,  subject, 
however,  to  such  general  ordinances  of  uniform  application  as  now 
exist  or  may  be  hereafter  passed  by  the  city  council  under  its  police 
power. 

If  16.  Damage  to  abutting  owners.]  § 16.  The  said  com- 
pany shall  pay  all  damages  to  the  owners  of  property  abutting  on  the 
said  part  of  said  street  upon  or  over  which  its  road  may  be  constructed, 
which  said  owners  may  sustain  by  reason  of  the  location  or  construc- 
tion of  said  road. 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 

§ 940.  General  Electric  Railway  Company. 

If  1.  Amendment. 

If  2.  Compensation  to  be  paid. 

if  3.  When  in  force. 

» 

An  ordinance  amending  an  ordinance  passed  on  the  25th  day  of  January, 
1897,  and  approved  on  the  first  day  of  February,  1897,  granting  permis- 
sion to  the  General  Electric  Railway  Company  to  operate  a single  or 
double  track  street  railway.  (Passed  July  6,  1897.) 

If  1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago : § 1 . That  upon  and  along  the  streets  and  avenues  des- 

ignated in  a certain  ordinance  passed  by  the  city  council  of  the  city  of 
Chicago  on  the  25th  day  of  January,  1897,  and  approved  on  the  1st 
day  of  February,  1897,  granting  permission  and  authority  to  the  Gen- 
eral Electric  Railway  Company,  its  successors,  assigns  and  lessees,  to 
lay  down,  construct,  maintain,  operate  and  repair  a single  or  double 
track  street  railway,  with  all  necessary  and  convenient  curves, 
connections,  side  tracks,  turnouts,  loops  and  switches,  and 
upon  and  along  the  streets  and  avenues  designated  in  a certain  ordi- 


§ 94°] 


GENERAL  ELECTRIC  RAILWAY  COMPANY. 


2179 


nance  passed  by  the  city  council  of  the  city  of 

Chicago  on  the  13th  day  of  January,  1896,  granting  per- 
mission and  authority  to  the  General  Electric  Railway . Company, 
its  successors  and  assigns,  to  lay  down,  construct,  maintain,  operate 
and  repair  a single  or  double  track  street  railway,  with  all  necessary 
and  convenient  curves,  connections,  side  tracks,  turnouts,  loops  and 
switches,  permission  and  authority  are  hereby  granted  to  said  General 
Electric  Railway  Company,  its  successors,  lessees  and  assigns,  to  con- 
struct, maintain  and  operate  any  portion  or  all  of  said  lines  of  street 
railway  in  the  manner  and  by  any  system  or  systems  of  motive  power 
mentioned  in  said  ordinances,  or  either  of  them,  or  by  overhead  trolley 
or  electric  power,  and  if  electric  power  shall  be  used  by  means  of  over- 
head wires,  such  overhead  wires,  together  with  the  necessary  feed 
wires,  may  be  suspended  from  substantial  iron  poles  set  within  the 
curb  limits  of  such  streets,  on  either  side  thereof,  or  in  the  middle 
thereof;  also  the  right  to  use  any  form  of  groove  or  girder  rail  which 
may  be  approved  by  the  commissioner  of  public  works  of  said  city  at  • 
or  prior  to  the  time  when  such  rails  are  laid. 

Tf  2.  Compensation  to  be  paid.  ] § 2.  The  permission  and 

authority  hereinabove  granted  to  said  General  Electric  Railway  Com- 
pany are  granted  upon  the  express  condition  that  said  company,  for 
and  in  consideration  of  such  grant,  agrees  to  and  shall  pay  to  the  city 
of  Chicago  for  the  rights  and  privileges  conferred  by  this  ordinance, 
and  by  said  former  ordinances  hereinabove  referred  to,  all  the  com- 
pensation and  sums  of  money  provided  to  be  paid  by  said  General 
Electric  Railway  Company  to  the  city  of  Chicago  in  and  by  that  cer- 
tain agrement,  or  form  of  agreement,  “Dated  Chicago,  February  1st, 
1897”  signed  by  “The  General  Electric  Railway  Company,  by  Samuel 
F.  Hawley,  president.”  sealed  and  attested  by  “Albert  G.  Welch,  secre- 
tary,” and  published  on  pages  1510  to  1513,  inclusive,  of  the  published 
official  record  of  the  proceedings  of  the  regular  meeting  of  the  city 
council  of  Chicago,  held  February  1st,  1897,  said  agreement  being 
further  identified  by  reference  thereto  in  that  certain  communication 
dated  “Mayor’s  Office,  February  1st,  1897,”  addressed  “To  the  Honor- 
able, the  City  Council  of  the  City  of  Chicago,”  by  “Geo.  B.  Swift, 
mayor,”  and  published  on  page  1509  of  the  aforesaid  published  record 
of  the  proceedings  of  the  city  council  of  Chicago,  held  February  1st, 
1897;  and  such  permission  and  authority  hereinabove  granted  are  also 
upon  the  further  expressed  condition  that  said  General  Electric  Rail- 
way Company  shall  faithfully  and  fully  observe,  perform  and  carry  out 
all  the  terms,  provisions,  undertakings  and  requirements  in  the  afore- 
said agreement,  or  form  of  agreement,  provided  to  be  observed,  per- 
formed and  carried  out  by  said  company,  except  in  so  far  as  such  terms, 
provisions,  undertakings  and  agreements  are  expressly  inconsistent 
or  at  variance  with  the  provisions  of  section  one  of  this  ordinance. 

Whenever  said  General  Electric  Railway  Company  shall  in  any  re- 
spect avail  itself  of  or  act  upon  the  permission  and  authority  granted 
in  and  by  section  1 of  this  ordinance,  said  General  Electric  Railway 


2180 


STREET  RAILWAYS. 


[§  94r 


Company  shall  be  deemed  to  have  accepted  and  assented  to  all  the  pro- 
visions of  this  ordinance,  with  the  same  effect  and  with  as  full  force 
as  if  said  General  Electric  Railway  Company  had  accepted  and  as- 
sented to  all  the  provisions  of  this  ordinance  by  an  instrument  in  writ- 
ing, duly  authorized,  signed,  sealed  and  delivered  by  said  company  to 
the  corporate  authorities  of  the  city  of  Chicago. 

If  3.  When  in  force.]  § 3.  This  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


SUBURBAN  RAILROAD  COMPANY. 

§ 941.  Suburban  Railroad  Company. 

H 1.  Grant— route. 
i 2.  Track— limitation, 
i 3.  Power. 

- i 4.  When  in  force. 

An  ordinance  granting  the  Suburban  Railroad  Company  the  right  to  lay  one 
track  on  the  east  half  of  Robinson  avenue,  from  Madison  street  north  to 
Lake  street,  in  place  of  one  of  the  two  tracks  now  upon  the  west  half  of 
Robinson  avenue.  (Passed  Dec.  20,  1897.) 

If  1.  Grant — route.  ] Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That,  in  consideration  of  the  acceptance  here- 

of, and  the  undertaking  of  the  Suburban  Railroad  Company,  a corpora- 
tion created  and  existing  under  the  laws  of  the  state  of  Illinois,  to  com- 
ply with  the  provisions  of  this  ordinance,  consent,  permission  and  au- 
thority are  hereby  granted  to  said  company,  its  grantees,  lessees,  suc- 
cessors and  assigns  to  build,  construct,  maintain  and  operate  one  rail- 
road track,  as  hereinafter  provided,  with  all  necessary  and  convenient 
crossovers  and  appurtenances,  loops,  feeders  and  switches  in,  upon, 
over  and  alone  the  following  route  in  the  city  of  Chicago,  to-wit: 

(a)  Beginning  at  the  center  line  of  Madison  street,  on  the  east 
half  of  Robinson  avenue,  and  connecting  there  with  the  east  track  of 
said  company,  and  from  thence  north  to  the  south  line  of  the  right  of 
way  of  the  Chicago  and  Northwestern  Railway  Company. 

1 2.  Track— limitation.]  § 2.  The  tracks  of  said  company 
shall  not  be  elevated  above  the  surface  of  the  street  where  laid,  and 
shall  be  laid  in  such  manner  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  the  same,  and  the  said  track  upon  Robinson 
avenue  shall  be  laid  upon  the  10  feet  east  of  and  adjoining  the  center 
line  of  Robinson  avenue,  from  Madison  street  north,  as  aforesaid;  and 
the  rails  to  be  used  for  said  track  shall  be  of  the  kind  and  laid  in  the 
manner  prescribed  in  paragraph  1704  of  the  revised  code  of  Chicago, 
1897,  where  laid  within  the  limits  of  the  city  of  Chicago. 


§ 941] 


SUBURBAN  RAILROAD  COMPANY. 


2181 


The  track  hereby  authorized  upon  Robinson  avenue  shall  be  laid 
and  put  in  operation  by  said  company  on  or  before  the  fifteenth  day  of 
June,  A.  D.  1898,  and  said  company  shall  then  remove  the  west  track 
of  the  two  tracks  now  laid  upon  the  west  half  of  Robinson  avenue, 
from  Madison  street  north,  and  before  June  15th,  A.  D.  1898,  shall 
pave  with  cedar  block  pavement  the  entire  east  half  of  the  roadway 
of  said  Robinson  avenue,  from  Madison  street  to  the  south  line  of  the 
right  of  way  of  the  Chicago  and  Northwestern  Railway  Company, 
and  shall  place  at  the  curb  line  of  said  Robinson  avenue,  from  Madi- 
son street  to  the  south  line  of  Lake  street,  a stone  or  cement  curb,  to 
be  approved  by  the  commissioner  of  public  works  of  the  city  of  Chi- 
cago. The  sidewalk  space  on  said  Robinson  avenue,  from  Madison 
street  to  Lake  street,  is  hereby  fixed  at  twelve  (12)  feet,  and  said  curb- 
ing shall  be  placed  at  the  west  line  of  said  twelve  feet.  Said  company 
shall  forever  keep  and  maintain  in  proper  repair  and  condition  the 
space  occupied  by  its  railroad  track  in  said  Robinson  avenue,  from 
outer  rail  to  outer  rail. 

If  said  company  shall  refuse  and  fail  to  lay  said  pavement  and 
curbstone,  as  above  provided,  the  same  may  be  done  by  the  city  of 
Chicago,  on  the  east  half  of  said  Robinson  avenue  hereby  authorized 
to  be  occupied  by  said  railroad  track,  and  said  company  shall  be  liable 
for,  and  hereby  agrees  to  pay  to  the  city  of  Chicago  the  fair  cost 
thereof. 

3.  Power.]  § 3.  Said  company  shall  have  the  right  to  oper- 
ate its  cars  by  electricity,  cable  or  compressed  air,  or  other  motive 
power,  except  steam,  and  change  the  same  from  one  such  power  to 
the  other  as  it  may  elect. 

In  case  said  company  shall  use  electric  power  to  operate  its  said 
line  of  railroad  upon  Robinson  avenue,  then  it  is  hereby  granted  the 
right  to  construct  an  overhead  contact  system,  consisting  of  wires  sus- 
pended from  iron  poles  for  the  purpose  of  conveying  electric  current, 
and  to  use  such  poles  for  suspending  therefrom  such  feed  wires  or  elec- 
tric conductors  as  said  company  may  elect.  Said  wires  shall  be  sus- 
pended from  poles  not  less  than  i8l4  feet  above  the  rails,  and  at  the 
election  of  the  company  be  either  a side  pole  or  a center  pole  con- 
struction. In  case  of  a side  pole  construction  said  pole  shall  be 
placed  at  the  curb  line  as  near  as  practicable.  Said  poles  shall  be 
placed  at  an  average  of  not  less  than  100  feet  apart,  except  at  the  in- 
tersection of  streets,  alleys  and  avenues,  where  they  shall  be  so  placed 
as  to  leave  the  crossing  clear,  and  in  case  of  curves,  where  they  may 
be  placed  in  such  manner  as  necessary  for  holding  said  wires  in  posi- 
tion. 

Said  company  shall  have  the  right  to  construct  a system  of  poles, 
wires,  feeders  and  appurtenances  within  the  city  of  Chicago  for  con- 
veying electric  current,  and  to  connect  the  same  with  the  system  of 
road  and  power  house  from  which  it  shall  obtain  its  electric  current 
and  to  cross  all  intersecting  streets,  alleys  and  public  places  intersecting 
such  lines  of  wires  and  poles.  Provided,  however,  that  the  city  of 


2182 


STREET  RAILWAYS. 


[§  942 


Chicago  shall  have  the  right  to  string  electric  wires  on  the  poles  of  said 
company  within  the  limits  of  the  city  of  Chicago  for  the  use  of  the 
police,  fire  and  electrical  departments  of  the  city  government. 

If  4.  When  in  force.  ] § 4.  Said  company  is  also  hereby 

granted  the  right  to  cross  all  streets  intersecting  the  lines  of  said  rail- 
road company,  and  also  the  right  to  make  all  such  necessary  curves 
to  adjoining  property  as  may  be  convenient  in  the  operation  of  the 
railroad  of  said  company. 

Provided,  however,  the  said  company  shall  exercise  none  of  the 
rights  and  privileges  granted  by  this  ordinance  until  the  board  of  trus- 
tees of  the  town  of  Cicero  shall  have  passed  an  ordinance  and  said 
company  shall  have  accepted  the  same  providing  for  the  removal  of 
one  of  the  two  tracks  now  upon  the  west  side  of  Robinson  avenue, 
from  Madison  street  to  the  south  line  of  the  right  of  way  of  the  Chi- 
cago and  Northwestern  Railway  Company. 

If  5.  Conditions.]  § 5.  This  ordinance  is  granted  upon  the  ex- 
press condition  that  said  company,  its  grantees,  lessees,  successors  and 
assigns,  shall  indemnify  and  save  harmless  the  city  of  Chicago  from  all 
cost,  charges,  expenses  and  damage  to  property  arising,  directly  or  in- 
directly, through  the  exercise  of  any  rights  or  privileges  under  this 
ordinance 

T 6.  When  in  force.]  § 6.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  acceptance  by  said  company,  providing 
said  acceptance  is  filed  with  the  city  clerk  within  twenty  days  after  the 
passage  hereof. 

§ 942.  Suburban  Railroad  Company. 

H 1.  Amendment. 
i 2.  When  in  force. 

An  ordinance  amending  Section  2 of  an  ordinance  in  favor  of  the  Suburban 

Railroad  Company  for  a track  on  Robinson  avenue  between  Madison  and 

Lake  Streets.  Passed  December  20,  1897.  (Passed  December  29,  1897. 

Accepted  January  10,  1898.) 

Preamble.  Whereas,  An  ordinance  was  passed  at  the  last  meeting 
of  the  council,  permitting  the  Suburban  Railroad  Company  to  lay  a 
track  on  the  east  side  of  Robinson  avenue,  from  Madison  street  north, 
in  place  of  one  of  the  tracks  now  on  the  west  side  of  the  street;  and, 

Whereas,  As  an  amendment  to  said  ordinance  it  was  suggested  by 
the  mayor  that  “the  rails  to  be  used  for  said  track  shall  be  of  the  kind 
and  laid  in  the  manner  prescribed  in  paragraph  1704  of  the  revised 
code  of  Chicago,  1897;”  and, 

Whereas,  The  rail  prescribed  in  said  paragraph  1704  is  the  same 
kind  of  rail  as  prescribed  in  Chapter  18,  page  55,  of  the  laws  and  ordi- 
nances of  1873,  and  is  not  now  in  use  on  any  street  railway  system  in 
the  city  of  Chicago,  and  which  said  rail  so  prescribed  is  the  old  tram 
rail  used  by  the  street  cars  when  operated  by  horse  power;  and, 

Whereas,  The  use  of  such  rail  by  said  Suburban  Railroad  Com- 


SUBURBAN  RAILROAD  COMPANY. 


218a 


942] 


pany  would  not  permit  it  to  operate  cars  of  the  same  kind  now  operated 
by  it  over  its  system  of  road;  therefore, 

1.  Amendment.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago:  § 1.  That  the  following  words  in  section  2 of  an  ordi- 

nance passed  by  the  city  council  of  the  city  of  Chicago,  December  20, 
1897,  with  reference  to  the  Suburban  Railroad  Company,  viz:  ‘“And 

the  rails  to  be  used  for  said  track  shall  be  of  the  kind  and  laid  in  the 
manner  prescribed  in  paragraph  1704  of  the  revised  code  of  Chicago, 
1897,”  be  stricken  therefrom  and  the  following  words  be  substituted  in 
place  thereof,  viz:  “And  the  rails  to  be  used  for  said  track  shall  be  of 

the  kind  approved  by  the  mayor  and  commissioner  of  public  works.” 

If  2.  When  in  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

§ 943.  Suburban  Railroad  Company. 

IF  1.  May  erect  poles. 

IF  2.  Pave  streets— running  of  cars,  etc. 

IF  3.  Termination  of  grant. 

IF  4.  When  in  force. 

An  ordinance  granting  permission  and  authority  to  the  Suburban  Railroad 
Company  to  erect  poles  on  40th  avenue,  between  Madison  and  Randolph 
streets,  and  to  change  the  motive  power  to  electricity.  (Passed  March  28, 
1898.) 

If  1.  May  erect  poles.]  Be  it  ordained  by  the  city  council  of 
the  city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby 

given  to  the  Suburban  Railroad  Company  to  erect  on  40th  avenue, 
in  the  city  of  Chicago,  between  Madison  street  and  Randolph  street, 
eleven  (11)  poles,  as  shown  by  the  blue  print  map  hereto  attached  and 
made  a part  hereof  for  reference,  and  to  place  thereon  necessary  wires 
for  the  purpose  of  operating  its  line  of  railway  thereon  by  electricity, 
subject,  however,  to  the  conditions  hereinafter  set  forth. 

IF  2.  Pave  street — running  of  cars,  etc.]  § 2.  The  said  Su- 
burban Railroad  Company  shall  within  ninety  (90)  days  after  the  pas- 
sage and  approval  of  this  ordinance,  pave  and  curb  the  west  half  of 
South  40th  avenue,  from  West  Randolph  street  to  West  Taylor  street, 
and  shall,  within  thirty  (30)  days  from  the  passage  and  approval  of  thj^ 
ordinance,  equip  the  line  herein  permitted  with  trolley  wires  and  elec- 
tric motive  power  and  give  the  patrons  of  said  line  of  railway  at  least 
hourly  service.  The  said  Suburban  Railroad  Company  shall  also*  place 
grooved  rails  in  that  portion  of  its  track  herein  permitted  where  the 
same  crosses  Washington  boulevard,  and  shall  pave  between  its  rails 
across  said  Washington  boulevard  with  asphalt  pavement  as  soon  as 
the  change  is  made  to  electricity,  and  all  cars  of  said  company  shall 
come  to  a full  stop  before  crossing  said  Washington  boulevard. 

IF  3.  Termination  of  grant.]  § 3.  The  permission  and  author- 
ity hereby  given  is  also  upon  the  express  condition  that  the  same  shall 
terminate  at  the  time  of  the  expiration  of  the  franchise  permitting  the 


12184  STREET  RAILWAYS.  [§  943 

operation  of  the  street  railway  now  operated  on  West  Madison  street 
east  of  said  40th  avenue. 

Tf  4.  When  in  orce.]  § 4.  This  ordinance  shall  take  effect 
on  and  after  its  passage  and  approval. 


WEST  CHICAGO  STREET  RAILWAY  COMPANY. 

§ 944.  West  Chicago  Street  Railway  Company. 

IT  1.  Number  of  cars— time  of  running, 
i 2.  When  in  force. 

An  ordinance  requiring  extra  cars  on  Noble  street  line  and  extra  service  on 

same.  (Passed  May  17,  1897.) 

1 1.  Number  of  cars — time  of  running.]  Be  it  ordained  by 
the  city  council  of  the  city  of  Chicago:  § 1.  That  the  West  Chicago 

Street  Railway  Company  be  required,  within  60  days  from  the  date 
of  the  passage  of  this  ordinance,  to  operate  at  least  four  cars  on  the 
Noble  street  line  of  street  railway  in  the  city  of  Chicago,  and  cause 
said  cars  to  be  operated  in  continuous  trips  at  intervals  of  fifteen  min- 
utes to  and  from  State  street,  in  said  city,  during  the  whole  of  each 
day  from  6 o’clock  a.  m.  until  11  o'clock  p.  m. 

T 2.  When  in  force.  ] § 2.  This  ordinance  shall  take  effect 

and  be  in  force  from  and  after  its  passage. 


CHAPTER  XXV.— SWITCH  TRACKS. 


§ 945.  A.  D.  Baldwin. 

§ 946.  E.  S.  Hartwell  Lumber  Company. 

§ 947.  Robert  Law. 

§ 948.  Joseph  Stickney. 

§ 949.  Weber  Wagon  Company. 

4 950.  Fred  W.  Wolf  Company. 

§ 951.  Youghiogheny  & Lehigh  Coal  Company. 


A.  D.  BALDWIN. 

§ 945.  A.  D.  Baldwin. 

IT  1.  Grant. 

If  2.  Repairs. 

If  3.  Bond. 

If  4.  Termination. 

f 5.  When  in  force. 

An  ordinance  granting  rights  to  A.  D.  Baldwin.  (Passed.  December  13,  1897.) 

If  1.  Grant.]  Be  it  ordained  by  the  city  council  of  the  city  of 
Chicago:  § 1.  That  permission  be  and  hereby  is  granted  un- 

to A.  D.  Baldwin,  of  the  city  of  Chicago,  to  lay  down,  maintain  and 
operate  one  railroad  switch  track  upon  and  across  Paulina  street  at  a 
point  about  two  hundred  and  fifty  feet  south  of  the  south  line  of  Forty- 
third  street;  also  across  Forty-fourth  street,  at  a point  about  four  hun- 
dred and  sixty  feet  west  of  the  west  line  of  Ashland  avenue,  as  a con- 
tinuation and  extension  of  switch  track  already  constructed  across 
Forty-third  street  under  prior  ordinance  of  the  city  of  Chicago. 

If  2.  Repairs.]  § 2.  The  said  A.  D.  Baldwin  shall  keep  such 
portion  of  said  streets  as  shall  be  so  occupied  by  said  switch  track  in 
good  order  and  repair,  under  the  supervision  of  the  department  of 
public  works  and  shall,  in  all  respects,  comply  with  the  ordinances  of 
the  city  of  Chicago  in  the  maintenance  and  operation  of  said  switch 
track. 

IT  3.  Bond.]  § 3.  This  permission  and  authority  is  made  upon 
the  further  condition  that  said  A.  D.  Baldwin  shall  give  bond,  in  the 
sum  of  five  thousand  dollars,  with  one  or  two  sureties,  to  be  approved 
by  the  mayor,  conditioned  to  keep  the  city  of  Chicago  harmless  of  and 
from  all  damages,  costs  and  expenses  whatsoever  arising  from  this 
grant. 

1 4.  Termination.]  § 4.  The  rights  and  privileges  hereby 

2185 


2186  SWITCH  TRACKS.  i [§  94^ 

granted  shall  cease  and  determine  on  the  18th  day  of  October,  A.  D. 

1917. 

T 5.  When  in  force.]  § 5.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


E.  S.  HARTWELL  LUMBER  COMPANY. 

§ 946.  E.  S.  Hartwell  Lumber  Company. 

If  1.  Grant— route— bond. 

t 2.  Duration. 

IF  3.  When  in  force. 

An  ordinance  granting  permission  and  authority  to  the  Edwin  S.  Hartwell 

Lumber  Company  to  construct  and  operate  a switch  track.  (Passed  July 

12,  1897.) 

1"  1.  Grant — route — bond.]  Be  it  ordained  by  the  city  council 
of  the  city  of  Chicago:  § 1.  That  permission  and  authority  be  and 

the  same  is  hereby  granted  to  the  said  Edwin  S.  Hartwell  Lumber 
Company,  its  successors  and  assigns,  to  lay  down,  construct,  maintain 
and  operate  a single  railroad  or  switch  track,  beginning  at  a point  in 
the  easterly  track  of  the  Chicago  and  Northwestern  Railroad,  about 
fifty  (50)  feet  southeasterly  of  the  point  of  intersection  of  the  north- 
westerly line  of  lot  8,  Assessors’  subdivision  of  part  of  the  S.  W.  % of 
section  30,  township  40  north,  range  14,  east  of  the  3rd  principal  meri- 
dian ; thence  running  in  a gradual  curve  to  a point  of  tangent  of  a line 
10  feet  northwesterly  of  and  parallel  to  the  southeasterly  line  of  said 
lot  8,  above  described ; thence  along  said  northwesterly  line  across  El- 
ston road  to  the  north  branch  of  Chicago  river  to  the  private  property 
of  the  said  Edwin  S.  Hartwell  Lumber  Company,  as  indicated  in  the 
diagram  hereto  annexed,  the  said  switch  track  hereby  authorized  being 
laid  wholly  on  private  property  except  where  the  same  crosses  said 
Elston  road,  as  shown  in  the  diagram  hereto  annexed  marked  “A”  and 
made  a part  of  this  ordinance;  Provided,  however,  that  said  railroad 
or  switch  track  shall  be  laid  down  under  the  supervision  of  the  com- 
missioner of  public  works;  and  provided  further,  that  the  said  Edwin 
S.  Hartwell  Lumber  Company,  its  successors  and  assigns,  shall,  before 
laying  down  such  track,  enter  into  a bond  in  the  penal  sum  of  ten 
thousand  dollars  ($10,000),  such  bond  to  be  approved  by  the  commis- 
sioner of  public  works,  conditioned  to  hold  the  city  of  Chicago  harm- 
less from  any  and  all  costs  and  damages  consequent  to  it  upon  the  pas- 
sage of  this  ordinance. 

If  2.  Duration.]  § 2.  The  rights  and  privileges  hereby  granted 


ROBERT  LAW. 


2187 


§ 947] 


are  for  the  term  of  ten  (io)  years  from  and  after  the  passage  of  this 
ordinance 

^f  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
and  effect  from  and  after  its  passage  and  acceptance  by  the  said  Edwin 
S.  Hartwell  Lumber  Company,  and  which  said  acceptance  and  the 
said  bond  herein  specified,  shall  be  filed  within  sixty  (60)  days  from  the 
passage  hereof. 


ROBERT  LAW. 

§ 947.  Robert  Law. 

U 1.  Grant— route. 

t 2.  Duration. 

If  3.  Commissioner  to  supervise. 

IT  4.  When  in  force. 

An  ordinance  granting  a permit  to  Robert  Law  to  construct  and  operate  a 

side  track.  (Passed  June  14,  1897.) 

If  1.  Grant;  route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  be  and  hereby 

is  granted  unto  Robert  Law  and  his  assigns,  to  construct  and  operate 
a side  track  from  his  coal  yard  in  block  51  of  Elston  addition,  Chicago, 
across  North  Branch  street  and  through  Eastman  street  and  Cherry 
avenue  to  the  tracks  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway 
Company,  as  shown  upon  the  plat  hereunto  attached. 

If  2.  Duration.]  § 2.  The  grant  herein  contained  shall  continue 
for  the  term  of  twenty  (20)  years  from  the  passage  and  approval  of  this 
ordinance. 

If  3.  Commissioner  to  supervise.]  § 3.  All  work  done  under 
the  provision  of  section  1 of  this  ordinance  shall  be  under  the  imme- 
diate supervision  and  direction  of  the  commissioner  of  public  works. 

T 4.  When  in  force.]  § 4.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  approval. 


2188 


SWITCH  TRACKS. 


[§  948 


JOSEPH  STICKNEY. 

§ 948.  Joseph  Stickney. 

If  1.  Permission. 

If  2.  Conditions  as  to  elevation  of  track. 

If  3.  Street  crossings,  bridges,  superstructures. 

If  4.  Subways,  location  of. 

If  4a.  Subways,  schedule  of,  size  and  dimensions. 

If  5.  Superintendence,  inspection,  approval,  notice. 

If  6.  Term  of  permission,  bond,  annual  payment. 

If  7.  When  in  force. 

An  ordinance  giving  permission  to  Joseph  Stickney  to  construct  and  main- 
tain and  operate,  a single  railroad  switch-track.  (Passed  February  28* 

1898.) 

TT  1*  Permission.]  Be  it  ordained  by  the  city  council  of  the  city 
of  Chicago.  § 1.  That  permission  and  authority  are  hereby  given 
to  Joseph  Stickney  and  his  assigns  to  construct  and  maintain  a single 
railroad  switching  track,  and  to  operate  thereon  cars  with  steam  or 
other  suitable  power,  from  the  most  desirable  point  on  the  line  of  the 
elevated  roadbed  and  tracks  of  the  Pittsburg,  Cincinnati,  Chicago  and 
St.  Louis  Railway  Company  north  of  the  north  line  of  West  Congress 
street,  and  extending  from  said  initial  point  northerly  and  easterly 
and  crossing  Rockwell  street  by  means  of  the  construction  of  a sub- 
way in  said  Rockwell  street,  where  the  elevation  of  the  level  of  the  top 
of  the  rail  of  said  switching  track  shall  not  be  less  than  24.6  feet  above 
city  datum;  thence  said  switching  track  shall  continue  in  a northerly 
direction,  along  and  parallel  with  the  east  line  of  said  Rockwell  street, 
to  the  north  line  of  West  Van  Buren  street,  where  an  elevation  of  the 
level  of  the  top  of  the  rail  of  said  switching  track  shall  not  be  less  than 
26.0  feet  above  city  datum;  and  shall  cross  said  West  Van  Buren  street 
by  means  of  a subway  of  such  dimensions,  specifications  and  other 
details  as  mentioned  in  section  4a  of  this  ordinance;  thence  said  switch- 
ing track  shall  continue  in  a northerly  direction  from  the  north  line 
of  West  Van  Buren  street,  using  such  gradients  and  alignments  as 
may  be  found  by  said  Joseph  Stickney  convenient  and  practicable,  and 
extending  to  the  south  line  of  Jackson  boulevard. 

% 2.  Conditions  as  to  elevation  of  track.  ] § 2.  Should 

said  switching  track  be  elevated  or  constructed  upon  an  embankment, 
such  portions  of  said  embankment  at  all  such  points  shall  be  kept  with- 
in the  property  lines  of  said  Joseph  Stickney,  or  they  shall  be  confined 
between  retaining  walls  of  stone  or  brick  masonry  where  said  switch- 
ing track  is  located  immediately  east  of  and  parallel  to  said  Rockwell 
street. 

| 3,  Street  crossings,  bridges,  superstructures.]  §3.  The 
said  elevated  switching  track  shall  be  carried  across  Rockwell  street 
and  West  Van  Buren  street  on  suitable  bridges  of  one  span,  whose  su- 
perstructure shall  consist  of  iron  or  steel  main  girders,  with  iron  or 
steel  main  floor  or  ordinary  track  stringers;  but  should  the  latter 
method  be  adopted,  some  suitable  device  shall  be  provided  to  prevent 


JOSEPH  STICKNEY. 


2189 


948] 


-storm  water,  dirt,  oil  and  other  substances  from  dropping  from  such 
elevated  structure  upon  the  subways  beneath.  The  said  bridges  shall 
be  supported  on  abutments  of  stone  masonry,  except  that  the  east  side 
of  the  bridge  over  Rockwell  street  may  be  supported  on  rows  of  iron 
or  steel  columns  braced  together  laterally  and  erected  on  and  anchored 
to  masonry  foundations  constructed  within  the  property  lines  of  said 
Joseph  Stickney. 

If  4.  Subways,  location  of.  ] § 4.  Subways  shall  be  con- 

structed beneath  the  said  switching  track  of  Joseph  Stickney  where  said 
switching  track  intersects  and  crosses  Rockwell  street  and  West  Van 
Buren  street. 

% 4a.  Subways,  schedule  of,  size  and  dimensions.]  § 4a. 
The  subways  mentioned  in  section  4 of  this  ordinance,  and  which  shall 
be  constructed  with  the  elevation  upon  which  said  switching  track  is 
to  be  placed,  shall,  as  to  their  size  and  dimensions,  locations  and  other 
details,  be  in  accordance  with  the  following  schedule: 

Subway  in  Rockwell  street,  under  Joseph  Stickney’s  switching  track. 

(Rockwell  street,  30  feet  wide.) 

The  depression  of  street  shall  not  exceed  1.5  feet  below  the  present 
surface  of  street,  making  the  elevation  of  the  floor  of  subway  not  less 
than  1 1.5  feet  above  city  datum.  This  level  shall  extend  10  feet  be- 
yond each  portal  of  subway.  From  this  level  the  approaches  shall  ex- 
tend on  the  most  practicable  gradient  to  a connection  with  the  floor 
of  West  Congress  street  subway  on  the  south,  and  to  the  floor  of  West 
Van  Buren  street  subway  on  the  north. 

Width  between  walls  of  spb  vay,  30  feet. 

Width  of  roadway,  24  feet  in  subway. 

Width  of  one  sidewalk,  6 feet  in  subway. 

The  depression  of  sidewalk  shall  be  uniform  and  level  with  the 
center  of  roadway. 

Clear  head  room,  11  feet. 

Subway  in  West  Van  Buren  street,  under  Joseph  Stickney’s  switching 

track.  (West  Van  Buren  street,  66  feet  wide.) 

There  shall  be  no  depression  of  street. 

Width  of  roadway  and  sidewalks  between  walls  of  subway  shall  be 
the  same  as  they  now  exist. 

Clear  head  room  under  the  east  portal  of  subway,  12.8  feet. 

If  5.  Superintendence,  inspection,  approval,  notice.  ] § 5. 

All  the  work  hereinbefore  required  to  be  done  by  said  Joseph  Stick- 
ney, or  upon  or  in  connection  with  the  public  streets  of  the  city  men- 
tioned in  this  ordinance,  shall  be  done  and  performed  under  the  super- 
intendence and  subject  to  the  inspection  and  approval  of  the  commis- 
sioner of  public  works  of  said  city.  At  least  ten  (10)  days  prior  to  the 
commencement  of  any  part  of  such  work  the  plans  and  specifications 
thereof  shall  be  submitted  to  the  commissioner  of  public  works  for  his 
examination,  and  if  found  to  be  in  accordance  with  the  provisions  of 
this  ordinance  in  so  far  as  this  ordinance  contains  specific  provisions, 
and  in  the  absence  of  such  specific  provisions  if  they  shall  be  satis- 


2190 


SWITCH  TRACKS. 


[§  949 


factory  to  the  commissioner  of  public  works  in  regard  to  matters  and 
details  which  by  this  ordinance  are  left  to  his  discretion  and  judgment, 
such  plans  shall  be  approved  by  him,  and  after  such  approval  all  of  the 
work  outlined  and  included  therein  shall  be  constructed  in  strict  con- 
formity therewith. 

If  6.  Term  of  permission,  bond,  annual  payment.]  § 6. 

Permission  and  authority  hereby  given  to  continue  ten  years;  Pro- 
vided, however,  that  said  Joseph  Stickney  shall  enter  into  good  and 
sufficient  bonds  with  the  said  city  of  Chicago,  to  be  approved  by  the 
mayor  of  the  city  of  Chicago,  in  the  penal  sum  of  five  thousand  ($5,000) 
dollars,  to  hold  and  save  harmless  the  city  of  Chicago'  from  all  dam- 
ages, expenses  or  consequences  arising  from  or  incidental  to  the  ele- 
vation or  construction,  maintenance  or  operation  of  said  switching 
track,  and  conditioned  further  for  the  faithful  performance  of  the  terms 
and  conditions  of  this  ordinance;  and,  provided  further,  that  the  privi- 
leges given  shall  be  enjoyed  subject  to  all  ordinances  now  in  force 
concerning  railroads  which  may  hereafter  pass,  and,  also,  all  ordi- 
nances that  may  be  passed  regulating  in  any  way  the  switching  track 
as  laid  and  constructed  in  conformity  with  this  ordinance,  or  which 
regulates  the  operating  of  the  same;  and,  provided  further,  that  in  con- 
sideration of  the  privileges  hereinbefore  granted  said  Joseph  Stickney, 
or  his  assigns,  shall  pay  to  the  city  of  Chicago  the  sum  of  two  hundred 
and  fifty  ($250)  dollars  per  annum,  payable  semi-annually,  in  each  and 
every  year  during  the  life  of  this  ordinance,  beginning  January  1st, 
1899. 

^ 7.  When  in  force.]  § 7.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


WEBER  WAGON  COMPANY. 

§ 949.  Weber  Wagon  Company. 

H 1.  Grant— route— termination, 
it  2.  Bond. 

11  3.  When  in  force. 

An  ordinance  granting  permission  to  Weber  Wagon  Company  to  operate  a 
single  track  switch  railroad.  (Passed  December  2,  1897.) 

1.  Grant — route — termination.]  Be  it  ordained  by  the  city 

council  of  the  city  of  Chicago:  § 1.  That  permission  and  authority 

are  hereby  granted  to  the  Weber  Wagon  Company  to  maintain  and  op- 
erate for  the  period  of  ten  years  from  the  time  this  ordinance  shall  take 
effect,  a single  track  switch  railroad,  from  any  part  of  its  property 
across  Eighty-second  street,  to  connect  with  the  C.,  R.  I.  & P.  Rail- 
road track  thereon,  the  switch  to  commence  on  sublot  17,  lot  4,  sec- 


§ 95°] 


FRED  W.  WOLF  COMPANY. 


2191 


tions  32  and  33,  T.  38,  R.  14,  Assessor’s  division  W.  \ and  that  part 
east  of  railroad  in  S.  E.  £ Sutherland  subdivision. 

Said  track  shall  be  laid  and  maintained  under  the  supervision  of  the 
commissioner  of  public  works,  and  said  Weber  Wagon  Company  shall 
keep  such  portion  of  the  street  as  is  occupied  by  said  tracks  in  good 
condition  and  repair  so  as  not  to  interfere  with  public  travel  under 
like  supervision. 

At  the  expiration  of  the  time  herein  limited,  all  rights  under  this 
ordinance  shall  absolutely  cease  and  terminate  without  any  act  on  the 
part  of  the  city,  and  the  said  tracks  shall  be  at  once  removed,  the 
streets  placed  in  good  condition  and  repair  at  the  expense  of  the  said 
Weber  Wagon  Company,  their  successors  or  assigns. 

2.  Bond.]  § 2.  This  ordinance  is  passed,  and  the  permission 
aforesaid  granted,  upon  the  express  condition  that  the  said  company 
shall  enter  into  bonds  with  the  said  city  of  Chicago,  signed  by  sureties 
to  be  approved  by  the  mayor  within  twenty  days  after  its  passage,  in 
the  sum  of  ten  thousand  dollars,  conditioned  to  comply  with  the  con- 
ditions of  the  ordinance  and  the  general  railroad  ordinances  now  in 
force,  or  that  may  hereafter  be  passed;  also  to  save,  keep  harmless  and 
indemnify  the  city  of  Chicago  from  all  damages,  costs  and  expenses 
that  may  accrue  or  in  any  wise  arise  from  or  grow  out  of  the  privi- 
leges hereby  granted,  and  upon  further  express  condition  that  the  city 
of  Chicago  may  at  any  time  repeal  this  ordinance. 

•ft  3.  When  in  force.]  § 3.  This  ordinance  shall  be  in  force 
from  and  after  its  passage  and  due  publication. 


FRED  W.  WOLF  COMPANY 

§ 950.  Fred  W.  Wolf  Company. 

If  1.  Grant— route. 

II  2.  Conditions — repairs — compensation. 

II  3.  Bond. 

II  4.  Termination. 

If  5.  When  in  force. 

An  ordinance  granting  permission  to  the  Fred  W.  Wolf  Company,  its  succes- 
sors and  assigns,  to  maintain  a switch  track.  (Passed  March  7,  1898.) 

% 1-  Grant — route.  ] Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  That  permission  and  authority  is  hereby 

granted  to  the  Fred  W.  Wolf  Company,  its  successors  and  assigns,  to 
lay  down,  maintain  and  operate  one  railroad  switch  track,  from  Its 
manufacturing  establishment  upon  and  across  Rees  street,  connecting 
with  the  track  of  the  Chicago,  Milwaukee  and  St.  Paul  (Evanston  di- 
vision) Railroad  Company  on  Hawthorne  avenue,  leaving  the  said  es- 


2192 


SWITCH  TRACKS. 


[§  95  1 


tablishment  on  the  southeasterly  side  of  Rees  street,  distant  about  six 
feet  northeasterly  from  the  easterly  corner  of  the  said  Rees  street  and 
Hawthorne  avenue,  and  extending  thence  in  a northwesterly  direc- 
tion, crossing  the  said  Rees  street,  and  connecting  with  the  easterly 
track  of  the  said  railroad  in  the  said  Hawthorne  avenue,  distant  about 
ninety-eight  feet  from  the  starting  point  on  the  southeasterly  side  of 
the  said  Rees  street. 

f 2.  Conditions — repairs— compensation.]^  2.  That  the  Fred 
W.Wolf  Company  shall  keep  such  portion  of  the  said  streets  as  shall  be 
so  occupied  by  the  said  switch  track  in  good  order  and  repair,  under 
the  supervision  of  the  department  of  public  works,  and  that  the  said 
company  shall,  in  all  respects,  comply  with  the  ordinances  of  the  city 
of  Chicago  from  time  to  time  in  the  maintenance  and  operation  of  the 
said  switch  track;  and  that  the  said  company,  or  its  successors  and 
assigns,  in  consideration  of  the  privileges  hereinbefore  granted,  shall 
pay  to  the  city  of  Chicago  the  sum  of  one  hundred  and  twenty  ($120) 
dollars  per  annum,  payable  semi-annually  in  each  and  every  year  dur- 
ing the  life  of  this  ordinance,  the  first  payment  to  be  made  on  May  1, 
A.  D.  1898. 

3.  Bond.]  § 3.  That  this  permission  and  authority  is  made 
upon  the  further  condition  that  the  Fred  W.  Wolf  Company  shall  give 
bond  in  the  sum  of  five  thousand  dollars,  with  one  or  two  sureties,  to 
be  approved  by  the  mayor,  conditioned  to  keep  the  city  of  Chicago 
harmless  from  all  damages,  costs  and  expenses  whatsoever  arising 
from  this  grant. 

T 4.  Termination.]  § 4.  That  the  rights  and  privileges  hereby 
granted  shall  cease  and  determine  on  the  first  day  of  December,  1907. 

% 5.  When  in  force.]  § 5.  That  this  ordinance  shall  be  in 
force  from  and  after  its  passage. 


YOUGHIOGHENY  & LEHIGH  COAL  COMPANY. 

§ 951.  Youghiogheny  & Lehigh  Coal  Company. 

If  1.  Grant— route. 
i 2.  Repairs— ordinances. 

IT  3.  Bond. 

if  4.  Termination. 

t 5.  When  in  force. 

An  ordinance  granting  permission  to  the  Youghiogheny  & Lehigh  Coal  Com- 
pany  to  lay  down  one  railroad  switch  track.  (Passed  June  6.  1898.) 

T 1.  Grant  — route.]  Be  it  ordained  by  the  city  council  of  the 
city  of  Chicago:  § 1.  Permission  and  authority  are  hereby  granted 

to  the  Youghiogheny  & Lehigh  Coal  Company,  its  successors  and  as- 


§ 951]  YOUGHIOGHENY  & LEHIGH  COAL  COMPANY.  2193 

signs,  to  lay  down,  maintain  and  operate  one  railroad  switch  track  to 
extend  from  its  coal  yard,  across  North  Water  street,  connecting  with 
the  track  of  the  Chicago  and  Northwestern  Railroad;  said  switch  to 
extend  from  the  southwest  corner  of  lot  twenty-seven  (27)  of  the  Chi- 
cago Dock  and  Canal  Company’s  re-subdivision  of  the  original  water 
lot  number  thirty-five  (35),  in  Kinzie’s  addition  to  Chicago,  southwest- 
erly across  said  North  Water  street  for  a distance  of  about  one  hundred 
and  twenty-five  (125)  feet,  to  the  track  of  the  Chicago  and  North- 
western Railroad,  according  to  the  plat  hereto  attached. 

Tf  2.  Repairs,  ordinances.]  § 2.  That  the  said  Youghiogheny 
& Lehigh  Coal  Company  shall  keep  such  portion  of  said  street  as  shall 
be  occupied  by  said  company  in  good  order  and  repair,  under  the  su- 
pervision of  the  department  of  public  works,  and  that  said  company 
shall  in  all  respects  comply  with  the  ordinances  of  the  city  of  Chicago 
from  time  to  time  in  the  maintenance  and  operation  of  said  switch 
track;  and  said  Youghiogheny  & Lehigh  Coal  Company,  its  successors 
and  assigns,  in  consideration  of  the  rights  and  privileges  hereby  grant- 
ed shall  pay  to  the  city  of  Chicago  the  sum  of  fifty  dollars  per  annum* 
payable  semi-annually,  in  each  and  every  year  during  the  life  of  this 
ordinance,  the  first  payment  to  be  made  on  July  1,  1898. 

If  3.  Bond.]  § 3.  That  this  permission  and  authority  is  made 
upon  the  further  condition  that  the  said  Youghiogheny  & Lehigh  Coal 
Company  shall  give  bond  in  the  sum  of  five  thousand  ($5,000)  dollars, 
with  one  or  two  sureties,  to  be  approved  by  the  mayor,  conditioned  to 
keep  the  city  of  Chicago  harmless  of  all  damages,  costs  and  expenses 
whatsoever  arising  from  this  grant. 

If  4.  Termination.]  § 4.  The  rights  and  privileges  hereby 
granted  shall  cease  and  determine  ten  (10)  years  from  the  date  of  the 
passage  of  this  ordinance. 

1"  5.  When  in  force.]  § 5-  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


* 


